Final Constitution

From Roach Busters

Current revision as of 00:00, 20 May 2012

1. The Chamber of Deputies shall be composed of:
(a) 200 members elected from electoral districts apportioned among the states in accordance with the provisions of section 2.
(b) 200 members elected at large by the qualified voters of Nigeria.

2. (1) Nigeria shall be divided into 200 electoral districts in such manner as the competent authority, acting with the approval of each chamber of Congress signified by resolution, may prescribe.

(2) No electoral district shall form part of more than one state and the boundaries of each electoral district shall be such that the number of inhabitants thereof is as nearly equal to the population quota as is reasonably practicable.

(3) Congress shall review the division of Nigeria into electoral districts at intervals of not less than eight and not more than ten years and may alter the electoral districts in accordance with the provisions of this section to such extent as it may consider desirable in the light of the review.

(4) Where the boundaries of any electoral district established under this section are altered in accordance with the provisions of this section, that alteration shall come into effect upon the next dissolution of Congress after the alteration has been approved by both chambers of Congress.

(5) In this section "population quota" means the number obtained by dividing the number of the inhabitants of Nigeria by 200.

(6) For the purposes of this section the number of inhabitants of Nigeria or any part thereof shall be ascertained by reference to the latest census of the population of Nigeria.

3. Every electoral district established under section 2 of this Constitution shall return to the Chamber of Deputies one member who shall be elected by an absolute majority of votes cast. If such a majority is not obtained on the first ballot, a second ballot shall take place on the fourteenth day thereafter. Only the two candidates polling the greatest number of votes in the first ballot, after any withdrawal of better placed candidates, may stand in the second ballot.

4. The members referred to in paragraph (b) of section 1 shall be elected from a national constituency in such a way as to ensure that votes are converted into seats in accordance with the proportional representation system and using the Sainte-Laguë method.

Héctor Gross Espiell

[edit] Preamble

We, the States:

Invoking the favor of Almighty God, Who directs the affairs and controls the destinies of men;

Each State acting in its sovereign and independent character:

Conscious of our responsibilities to God and our fellow countrymen;

Convinced that through unity no obstacle shall be insurmountable;

Affirming our determination to secure to ourselves and our posterity the blessings of liberty and justice;

Proclaiming our devotion to government of the people, by the people, and for the people;

Do solemnly ordain and promulgate this Constitution.

[edit] Chapter 1
The Head of State

1. There shall be a President in and over Ledgersia who shall be Commander-in-Chief of the Armed Forces of Ledgersia.

2. The President shall have such powers and duties as are conferred or imposed upon him by or under this Constitution or any other law of the Legislature.

3. (1) The President shall be elected by an electoral college consisting of the members of the Senate and the House of Representatives, at a meeting to be called in accordance with the provisions of this section and presided over by the Chief Justice of Ledgersia or a judge of appeal designated by him.

(2) The election of a President shall be held at a time and place to be fixed by the Speaker of the House of Representatives or (in his absence) the Secretary to Parliament and made known by notice in the Gazette not less than fourteen days before such election.

(3) The date so fixed shall be a date not less than one month and not more than three months before the termination of the period of office of the President then holding office: Provided that if the President dies or for any other reason vacates his office a date within three months after the office became vacant shall be so fixed.

(4) No person may be elected or serve as President unless he-
(a) is at least thirty years of age;
(b) is qualified to be registered as a voter for the election of members of the House of Representatives in one of the States;
(c) has resided for five years within the limits of the Republic; and
(d) is a natural-born citizen of Ledgersia.

(5) Any person holding any public office in respect of which he receives any renumeration or allowance out of public funds, who is elected as President, shall vacate such office with effect from the date on which he is elected.

4. (1) Nominations of candidates for election as President shall be called for at the meeting at which the election is to take place, by the person presiding thereat.

(2) Every nomination shall be submitted in the form prescribed and shall be signed by two members of the electoral college and also by the person nominated, unless he has in writing signified his willingness to accept nomination.

(3) The persons duly nominated as provided in subsection (2) shall be announced at the meeting at which the election is to take place by the person presiding thereat, and no debate shall be allowed at the election.

(4) If in respect of any election only one nomination has been received, the person presiding at the meeting shall declare the candidate in question to be duly elected.

(5) Where more than one candidate is nominated for election, a vote shall be taken by secret ballot, each member of the electoral college present at the meeting in question having one vote, and any candidate in whose favor a majority of all the votes cast is recorded, shall be declared duly elected by the person presiding at the meeting.

(6) (a) If no candidate receives a majority of all the votes so cast, the candidate who received the smallest number of votes shall be eliminated and a further ballot taken in respect of the remaining candidates, this process being repeated as often as may be necessary until a candidate receives a majority of all the votes cast and is declared duly elected.
(b) Whenever two or more candidates being the lowest on the poll have received the same number of votes, the electoral college shall by separate vote, to be repeated as often as may be necessary, determine which of those candidates shall for the purposes of paragraph (a) be eliminated.

(7) (a) Whenever-
(i) only two candidates have been nominated; or
(ii) after the elimination of one or more candidates in accordance with the provisions of this section, only two candidates remain,
and there is an equality of votes between those two candidates, a further meeting shall be called in accordance with the provisions of section two, and the provisions of this section shall apply as if such further meeting were the first meeting called for the purposes of the election in question.
(b) At the third meeting called in connection with any particular election, the person presiding at the meeting shall in the event of an equality of votes between any two candidates under the circumstances described in paragraph (a), have and exercise a casting vote.

(8) (a) The Speaker shall make rules in regard to the procedure to be observed at a meeting of the electoral college, including rules prescribing the form in which any nomination shall be submitted, and rules defining the duties of the presiding officer and of any person appointed to assist him and prescribing the manner in which the ballot at any such meeting shall be conducted.
(b) Any such rules shall be made known in such manner as the Speaker may consider necessary.

5. (1) (a) The President shall hold office for a period of seven years from the date upon which he takes the oath prescribed in section eight, and shall not on termination of his period of office be eligible for re-election.
(b) He shall cease to hold office on a resolution passed by the Senate and by the House of Representatives during the same session declaring him to be removed from office on the ground of misconduct or inability to perform efficiently the duties of his office.

(2) (a) No resolution shall be taken under paragraph (b) of sub-section (1), except after consideration of a report of a joint committee of the Senate and the House of Representatives appointed in pursuance of a resolution of the House of Representatives which has been concurred in by the Senate.
(b) The House of Representatives shall not adopt a resolution that such a committee be appointed, unless there has previously been submitted to the Speaker a petition signed by not less than one-fifth of the members of the House of Representatives and requesting that such a committee be appointed.
(c) In connection with any resolution contemplated in paragraph (b) no debate shall be allowed either in the Senate or in the House of Representatives.

(3) The President may resign by lodging his resignation in writing with the Prime Minister.

(4) The President shall not be absent from the Republic except with the prior consent of the Executive Council.

6. (1) During any period when the office of the President is vacant or the President is absent from Ledgersia or is for any reason unable to perform the functions of his office, those functions shall during that period be assumed and performed by the President of the Senate or, if the office of President of the Senate is vacant or the holder of that office is unable to act, the Speaker or, if his office is vacant or he is unable to act, such person as the Executive Council may appoint.

(2) Any person appointed in terms of subsection (1) shall cease to perform the functions of the President after the President has informed him that he is about to resume his functions or when a new President assumes office in terms of this Constitution.

(3) The President or any person acting as the President shall not, for the purpose of this section, be regarded as absent from Ledgersia or as unable to perform the functions of the office of the President at any time when there is a subsisting appointment of a deputy under section seven.

7. (1) Whenever the President-
(a) has occasion to be absent from the seat of Government but not from Ledgersia; or
(b) has occasion to be absent from Ledgersia for a period which he has reason to believe will not exceed one month; or
(c) is suffering from an illness which he has reason to believe will be of short duration;

he may, by instrument under the Public Seal of Ledgersia, appoint any person in Ledgersia to be his deputy during such absence or illness, and in that capacity to perform on his behalf such of the functions of the office of the President as may be specified in that instrument.

(2) The power and authority of the President shall not be abridged, altered, or in any way affected by the appointment of a deputy under this section and a deputy shall conform to and observe all instructions that the President may from time to time address to him:

Provided that the question whether or not a deputy has in any matter conformed to or observed any such instructions shall not be inquired into in any court.

(3) A person appointed as a deputy under this section shall hold the appointment for such period as may be specified in the instrument by which he is appointed, save that his appointment may be revoked at any time by the President.

8. Before entering on any of the duties of his office the President or Acting President, as the case may be, shall take the oaths of loyalty and for the due execution of his office in the forms set out in the First Schedule, which oaths shall be administered by the Chief Justice or another judge of the Supreme Court.

9. (1) There shall be charged upon and paid out of the Consolidated Revenue Fund to the President and any Acting President such salary as may from time to time be prescribed by a law of the Legislature and such allowances as may be prescribed by or under any such law.

(2) The salary payable to the President or an Acting President shall not be reduced during his continuance in office.

[edit] Chapter 2
Executive Government

10. The executive government of the Republic in regard to any aspect of its domestic or foreign affairs is vested in the President acting, subject to the provisions of this Chapter, on the advice of the Executive Council.

11. (1) The President shall, subject to the provisions of this Constitution, have power-
(a) with due regard to the provisions of this Constitution to dissolve the Senate or the House of Representatives or the Senate and the House of Representatives simultaneously;
(b) in accordance with the provisions of section fourteen Ministers and Deputy Ministers;
(c) to confer honors and precedence;
(d) to appoint and to accredit, to receive and to recognize ambassadors, plenipotentiaries, diplomatic representatives, and other diplomatic officers, consuls, and consular officers;
(e) with due regard to the provisions of this Constitution to appoint the times for the holding of sessions of Parliament and to prorogue Parliament;
(f) to enter into and ratify international conventions, treaties, and agreements;
(g) to proclaim and to terminate martial law;
(h) to declare war and to make peace; and
(i) to exercise such powers and perform such functions as may be conferred or imposed upon him by or under this Constitution.

(2) Subject to the provisions of this Constitution and any other law by which powers or duties are conferred or imposed, the President shall do and execute all things that belong to his office according to such constitutional conventions and practices as were applicable in Ledgersia immediately before the elected day.

12. (1) There shall be a Public Seal of Ledgersia, showing the coat of arms with the circumscription "Republic of Ledgersia."

(2) The Public Seal of Ledgersia shall be kept by the President and used for sealing all things whatsoever that shall pass the Public Seal of Ledgersia.

13. (1) The will and pleasure of the President shall be expressed in writing under his signature, and every instrument signed by him shall be countersigned by a Minister.

(2) The signature of the President on any instrument shall be confirmed as provided in section twelve.

14. (1) The President-
(a) acting in his discretion in the manner prescribed in provisio (ii) to subsection (1) of section sixteen shall appoint a Prime Minister;
(b) acting on the advice of the Prime Minister-
(i) shall appoint other Ministers of the Government and may assign functions to such Ministers, including the administration of any Act or of any department of government; and
(ii) may appoint Deputy Ministers of any specified department of government or of such other description as the President may determine.

(2) A Deputy Minister may be appointed to exercise or perform on behalf of a Minister any of the powers, functions, and duties entrusted to such Minister under any law or otherwise which may, subject to the directions of the President, be assigned to him from time to time by such Minister.

(3) A Minister or Deputy Minister appointed under paragraph (b) of subsection (1) shall hold office during the pleasure of the President and may be removed from office by the President acting on the advice of the Prime Minister.

(4) A person who holds office as a Minister or a Deputy Minister for any period of three consecutive months without also being a member of the House of Representatives or of the Senate shall cease to be a Minister or a Deputy Minister, as the case may be, at the end of that period:

Provided that if that period expires at a time when Parliament is dissolved, he shall cease to be a Minister or a Deputy Minister, as the case may be, on the day when Parliament first meets after the dissolution, unless he is-
(a) elected as a member of the House of Representatives at the general election following such dissolution; or
(b) appointed as a member of the Senate immediately following that general election.

(5) A person who holds office as a Minister or a Deputy Minister and who is at no time while holding that office also a member of the House of Representatives or of the Senate shall be ineligible for reappointment as a Minister or a Deputy Minister before Parliament is next dissolved after he ceases to hold that office, unless in the meantime he has become a member of the House of Representatives or of the Senate.

(6) A Minister or a Deputy Minister may at any time by notice in writing addressed to the President and delivered to the Prime Minister resign his office.

(7) Any person appointed under this section shall, before entering upon his office, take before the President or some person authorized by the President in that behalf oaths of loyalty and for the due execution of his office in the forms set out in the First Schedule.

15. (1) To advise the President in the government of Ledgersia, there shall be an Executive Council, consisting of the Prime Minister and such other persons, being Ministers, as the President, on the advice of the Prime Minister, may from time to time appoint.

(2) A member of the Executive Council shall hold office during the pleasure of the President and may be removed from office by the President, acting on the advice of the Prime Minister:

Provided that-
(i) he shall cease to hold office if he ceases to be a Minister;
(ii) he may at any time by notice in writing to the President and delivered to the Prime Minister resign his office.

(3) Any person appointed under this section shall, before entering upon his office, take before the President or some person authorized by the President in that behalf the oath of a member of the Executive Council in the form set out in the First Schedule.

16. (1) In the exercise of his functions the President shall act in accordance with the advice of the Executive Council or the appropriate Minister or the Prime Minister on behalf of the Ministers of the Government of Ledgersia, as the case may require, except where under this Constitution or any other law he is required to act in accordance with the advice of any other person or authority:

Provided that-
(i) in exercising his powers in terms of section sixty the President shall, subject to the provisions of subsection (3) of that section, act in accordance with his own discretion;
(ii) in appointing a Prime Minister in terms of paragraph (a) of subsection (1) of section fourteen the President shall appoint the person who, in his opinion, is best able to command the support of a majority of the members of the House of Representatives.

(2) Where the President is required to act in accordance with his own discretion or the advice of any specified person or authority, a court shall not, in any case, inquire into any of the following questions or matters-
(a) on whose advice the President acted;
(b) whether any advice was tendered or acted on;
(c) the nature of any advice tendered;
(d) the manner in which the President has exercised his discretion as referred to in the provisos to subsection (1).

(3) Save where expressly provided that the President shall act in accordance with his own discretion, the provisions of this Constitution or any other law referring to the President shall be construed as referring to the President acting on the advice of the Executive Council or other authority as provided in this Constitution or that law, as the case may be, and where he acts on the advice of any other authority by or under this Constitution or any other law, that fact may be stated in the relevant instrument but no act of the President, acting within the powers conferred upon him by or under this Constitution or any other law, shall be invalid by reason of the omission to state on whose advice he has acted.

17. The President, acting on the advice of the Prime Minister, may constitute such offices for Ledgersia as may lawfully be constituted and, subject to the provisions of this Constitution and of any other law, the President may-
(a) make appointments, to be held during pleasure, to any office so constituted; and
(b) dismiss any person so appointed or take such other disciplinary action in relation to him as the President may think fit.

18. (1) The President may, subject to such lawful conditions as he may deem fit-
(a) grant to any person concerned in or convicted of an offense against any law a pardon; or
(b) grant to any person a respite, either indefinite or for a specified period, from the execution of any sentence passed on that person for such an offense; or
(c) substitute a less severe form of punishment for that imposed by any sentence for such an offense; or
(d) remit the whole or part of any sentence passed for such an offense or any penalty or forfeiture otherwise imposed on account of such an offense.

(2) Where a person resident in Ledgersia has been convicted in a country outside Ledgersia of an offense against a law in force in that country, the President may declare that that conviction shall not be regarded as a conviction for the purposes of this Constitution or any other law in force in Ledgersia.

19. (1) The President may at any time, by proclamation published in the Gazette, declare that:
(a) a state of public emergency exists; or
(b) a situation exists which, if it is allowed to continue, may lead to a state of public emergency.

(2) A declaration in terms of subsection (1), if not sooner revoked, shall cease to have effect:
(a) in the case of a declaration made when the House of Representatives is meeting for the transaction of business, at the expiration of a period of seven days beginning with the day of the publication of the proclamation in the Gazette;
(b) in any other case, at the expiration of a period of thirty days beginning with the day of the publication of the proclamation in the Gazette;

unless, before the expiration of that period, the decision is approved by a resolution passed by the House of Representatives:

Provided that, if Parliament is dissolved during the period of thirty days referred to in paragraph (b), the declaration, unless sooner revoked, shall cease to have effect at the expiration of a period of sixty days beginning with the day of the publication of the proclamation in the Gazette unless, before the expiration of that period, the declaration is approved by a resolution passed by the House of Representatives.

(3) Where a declaration in terms of subsection (1):
(a) is not approved by a resolution passed by the House of Representatives in pursuance of the provisions of subsection (2), the President shall forthwith after the House of Representatives has considered the resolution and failed to approve it or, if the House of Representatives has not considered the resolution, on the expiration of the appropriate period specified in subsection (2), by proclamation published in the Gazette, revoke such declaration;
(b) is approved by a resolution passed by the House of Representatives in pursuance of the provisions of subsection (2), such declaration shall, subject to the provisions of subsections (4) and (5), continue in force for a period of twelve months beginning with the day of the publication of the proclamation in the Gazette:

Provided that, where the House of Representatives has in the resolution in pursuance of the provisions of subsection (2) specified that such declaration shall continue in force for a period of less than twelve months, the President shall, by proclamation published in the Gazette, declare that the declaration shall, subject to the provisions of subsection (4), be revoked at the expiration of the period specified in the resolution.

(4) If the House of Representatives resolves that it considers it expedient that a declaration in force in terms of this section should be continued in force for a further period not exceeding twelve months, the President shall forthwith, by proclamation published in the Gazette, extend such declaration for such further period as may be so resolved.

(5) The House of Representatives may at any time resolve that a declaration in force under this section should be revoked and the President shall forthwith, by proclamation published in the Gazette, revoke such declaration.

(6) A declaration in terms of this section may be continued in force in terms of this section notwithstanding that such declaration has previously been continued in force in terms of this section.

(7) For the purposes of this section the House of Representatives shall be regarded as meeting for the transaction of business during a period:
(a) beginning on the day the House of Representatives first meets after a prorogation or an adjournment in pursuance of the passing of a resolution such as is referred to in paragraph (b) and;
(b) ending on the day the House of Representatives next adjourns in pursuance of a resolution the purpose of which is that the House of Representatives shall stand adjourned for more than thirty days or on the day the House of Representatives is dissolved or prorogued, whichever is the sooner.

[edit] CHAPTER III

20. The legislative power of _____ shall be vested in the Legislature which call consist of the President and the Congress.

21. The Congress of _____ shall consist of a Senate and a House of Representatives.

22. (1) The Senate shall consist of ten members from each province referred to in section _____, to be elected from amongst their members by the Provincial Councils for such province.

(2) The election of senators shall take place according to the principle of proportional representation, each voter having one transferable vote.

23. The qualification of a senator shall be the same as those of a member of the House of Representatives.

24. (1) Members of the Senate shall hold their seats for five years from the date of their election and shall be eligible for re-election.

(2) If the seat of a senator becomes vacant, an election for a successor to occupy the vacant seat until the expiry of the predecessor's term of office shall be held, except in the instance where such vacancy arises less than six months before the expiry of the term of the Senate, in which instance such vacancy need not be filled.

25. The Senate may proceed to the dispatch of business, notwithstanding the failure of any province to provide for its representation in the Senate.

26. The Senate may from time to time establish standing committees for various matters as it may deem fit, and any Minister or Deputy Minister may at any time with due regard to the rules of the Senate, move that any matter be referred to such a committee for investigation and report.

27. The Prime Minister or any Minister acting on his behalf shall at the commencement of each session of Congress as circumstances may require, make known what Bills are to be introduced in the Senate during that session.

28. (1) At any time on such day as may be fixed by the Secretary to Congress, being a day not later than the day fixed in terms of section fifty-one for the first meeting of Congress after a general election, and, before the Senate proceeds to the dispatch of any other business, the Senate shall elect a Senator to be the Chairman of the Senate and, whenever the office of the Chairman of the Senate becomes vacant otherwise than by reason of the dissolution of Congress, the Senate shall not transact any other business until a person to fill that office has been elected.

(2) The Chairman of the Senate shall be elected in accordance with the Standing Orders from among the members of the Senate who are neither Ministers nor Deputy Ministers.

29. (1) The Chairman of the Senate may at any time resign his office either by announcing his resignation in person to the Senate or by notice in writing to the Secretary to Congress.

(2) The Chairman of the Senate shall vacate his office —
(a) if he ceases to be a Senator; or
(b) if he is required by virtue of the provisions of section forty-six or forty-seven to cease to exercise any of his functions as a Senator; or
(c) if he becomes a Minister or a Deputy Minister.

(3) The office of the Chairman of the Senate shall become vacant if the Senate, by an affirmative vote of not less than two-thirds of the total membership of the Senate, resolves that the office of the Chairman of the Senate shall become vacant.

(4) Any function of the Chairman of the Senate, whether authorized by law or otherwise, which is required to be performed on the polling day after a dissolution of Congress or between that day and the day when the Senate first meets thereafter shall be performed by the person who was the Chairman of the Senate immediately before that polling day:

Provided that if at any time after the dissolution of Congress the person who was Chairman of the Senate immediately before such dissolution relinquishes the functions of that office by notice in writing to the President or is for any reason unable to perform them, those functions shall be performed by the Secretary to Congress or by some other person appointed by the President in that behalf.

30. (1) After a general election and as soon as practicable after the election of the Chairman of the Senate in terms of section twenty-eight the Senate shall elect a Senator, not being a Minister or a Deputy Minister, to be the Vice-Chairman of the Senate and to be chairman when the Senate is in Committee and, whenever the office of the Vice-Chairman of the Senate becomes vacant otherwise than by reason of a dissolution of Congress, the Senate shall as soon as convenient elect another such Senator to that office.

(2) The Vice-Chairman of the Senate shall be elected in accordance with the Standing Orders.

(3) The Vice-Chairman of the Senate may at any time resign his office by notice in writing to the Secretary to Congress and shall vacate his office —
(a) if he ceases to be a Senator; or
(b) if he is required by virtue of the provisions of section forty-six or forty-seven to cease to exercise any of his functions as a Senator; or
(c) if he becomes a Minister or a Deputy Minister.

31. (1) The House of Representatives shall be composed of members who represent constituencies determined by law.

(2) The number of members shall from time to time be fixed by law, but the total number of members of the House of Representatives shall not be fixed at less than one member for each thirty thousand of the population, or at more than one member for each twenty thousand of the population.

(3) The ratio between the number of members to be elected at any time for each constituency and the population of each constituency, as ascertained at the last preceding census, shall, so far as it is practicable, be the same throughout the country.

(4) Congress shall revise the constituencies at least once in every ten years, with due regard to changes in distribution of the population, but any alterations in the constituencies shall not take effect during the life of the House of Representatives sitting when such revision is made.

(5) The members shall be elected on the system of proportional representation by means of the single transferable vote.

(6) No law shall be enacted whereby the number of members to be returned for any constituency shall be less than three.

32. No person shall be qualified to be a member of the House of Representatives, unless he —
(a) is at least twenty-one years of age;
(b) is an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector;
(c) has resided for five years within the limits of the Republic;
(d) is a _____ citizen.

33. Whenever the seat of a member becomes vacant, whether in consequence of his resignation or otherwise, the Speaker shall issue his writ for the election of a new member, or if there is no Speaker or if he is absent from the Republic, the presiding member may issue the writ.

34. (1) At such time on such day as may be fixed by the Secretary to Congress, being a day not later than the day fixed in terms of section fifty-one for the first meeting of Congress after a general election, and, before the House of Representatives proceeds to the dispatch of any other business, the House of Representatives shall elect a person to be the Speaker and, whenever the office of the Speaker becomes vacant otherwise than by reason of the dissolution of Parliament, the House of Representatives shall not transact any other business until a person to fill that office has been elected.

(2) The Speaker shall be elected in accordance with the Standing Orders from among the members of the House of Representatives who are neither Ministers nor Deputy Ministers.

35. (1) The Speaker may at any time resign his office either by announcing his resignation in person to the House of Representatives or by notice in writing to the Secretary to Congress.

(2) The Speaker shall vacate his office —
(a) if he ceases to be a member of the House of Representatives; or
(b) if he is required by virtue of the provisions of section forty-six or forty-seven to cease to exercise any of his functions as a member of the House of Representatives; or
(c) if he becomes a Minister or a Deputy Minister.

(3) The office of the Speaker shall become vacant if the House of Representatives, by an affirmative vote of not less than two-thirds of the total membership of the House of Representatives, resolves that the office of the Speaker shall become vacant.

(4) Any function of the Speaker, whether authorized by law or otherwise, which is required to be performed on the polling day after a dissolution of Congress or between that day and the day when the House of Representatives first meets thereafter shall be performed by the person who was the Speaker immediately before that polling day:

Provided that if at any time after the dissolution of Congress the person who was the Speaker immediately before such dissolution relinquishes the functions of that office by notice in writing to the President or is for any reason unable to perform them, those functions shall be performed by the Secretary to Congress or by some person appointed by the President in that behalf.

36. (1) After a general election and as soon as practicable after the election of the Speaker in terms of section thirty-four the House of Representatives shall elect a member of the House of Representatives, not being a Minister or a Deputy Minister, to be the Deputy Speaker and to be chairman when the House of Representatives is in Committee and, whenever the office of the Deputy Speaker becomes vacant otherwise than by reason of a dissolution of Congress, the House of Representatives shall as soon as convenient elect another such member to that office.

(2) The Deputy Speaker shall be elected in accordance with the Standing Orders.

(3) The Deputy Speaker may at any time resign his office by notice in writing to the Secretary to Congress and shall vacate his office —
(a) if he ceases to be a member of the House of Representatives; or
(b) if he is required, by virtue of the provisions of section forty-six or forty-seven, to cease to exercise any of his functions as a member of the House of Representatives; or
(c) if he becomes a Minister or a Deputy Minister.

37. (1) There shall be charged upon and paid out of the Consolidated Revenue Fund to the Chairman of the Senate and to the Speaker such salaries as may from time to time be prescribed by a law of the Legislature and such allowances as may be prescribed by or under any such law.

(2) The salary of the Chairman of the Senate or of the Speaker shall not be reduced during his continuance in office.

(3) A person who was Chairman of the Senate or the Speaker immediately before a dissolution of Congress shall continue to receive the salary and allowances of the Chairman of the Senate or the Speaker, as the case may be, until such time as the Senate or the House of Representatives, respectively, first meets after the dissolution or until he ceases sooner to perform the functions of —
(a) the Chairman of the Senate in the circumstances referred to in subsection (4) of section twenty-nine; or
(b) the Speaker in the circumstances referred to in subsection (4) of section thirty-seven;

as the case may be.

38. Notwithstanding any dissolution of the Senate or the House of Representatives, whether by effluxion of time or otherwise —
(a) every person who at the date of the dissolution is a member of the body concerned shall remain a member thereof;
(b) the said body shall remain competent to perform its functions; and
(c) the President shall have power to summon Congress for the dispatch of business;

during the period following such dissolution up to and including the day immediately preceding the polling day for the election held in pursuance of such dissolution, in the same manner in all respects as if the dissolution had not occurred.

39. A Minister or Deputy Minister who is a member of the Senate or the House of Representatives shall have the right to sit and speak both in the Senate and in the House of Representatives but shall vote only in the House of which he is a member.

40. (1) A member of the Senate who is elected as a member of the House of Representatives shall vacate his seat as a Senator with effect from the date on which he becomes a member of the House of Representatives.

(2) A member of the House of Representatives who is elected as a Senator shall vacate his seat as a member of the House of Representatives with effect from the day on which he becomes a member of the Senate.

41. (1) The seat of a member of the Senate or the House of Assembly shall become vacant —
(a) on the dissolution of Congress next following his election or appointment; or
(b) if he resigns his seat by notice in writing to the Chairman of the Senate or the Speaker, as the case may be, or, in the case of the death, incapacity, or absence from Ledgersia of the Chairman of the Senate or the Speaker, to the Secretary to Congress; or
(c) if he is absent from twenty-one consecutive sittings during any session without the leave of the Senate or the House of Representatives, as the case may be, and the Senate or the House of Representatives has resolved by a majority of the total membership of the Senate or the House of Representatives that the seat shall become vacant; or
(d) if he accepts any public office; or
(e) if he ceases to be qualified for election to the Senate or to the House of Representatives, as the case may be; or
(f) if he becomes subject to any of the disabilities mentioned in section forty-four; or
(g) in the circumstances set out in section forty-six; or
(h) if he is required, by virtue of the provisions of section forty-seven, to vacate his seat.

(2) The resignation of a member of the Senate or the House of Representatives shall not become effective to render the seat of that member vacant under the provisions of paragraph (b) of subsection (1) in any case in which —
(a) proceedings are pending in respect of that member's election, if it is alleged that illegal or corrupt practices took place at such election; or
(b) proceedings in the Senate or the House of Representatives, as the case may be, are contemplated or pending in respect of that member's conduct in or as a member of the Senate or the House of Representatives;

unless the Senate or the House of Representatives, as the case may be, by resolution accepts the resignation.

(3) For the purposes of paragraph (d) of subsection (1), a person shall not be deemed to have accepted a public office by reason of —
(a) accepting appointment as a Minister or a Deputy Minister; or
(b) holding any office for which no renumeration is paid other than payment by way of traveling or subsistence allowances or out-of-pocket expenses.

42. (1) No person shall be capable of being elected or of sitting as a member of the Senate or the House of Representatives, if he —
(a) has voluntarily acquired citizenship of a country other than _____ or has made a declaration of allegiance to such a country; or
(b) is adjudged to be a lunatic or otherwise declared to be of unsound mind by a competent court; or
(c) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Republic.

43. If any person who is by law incapable of sitting as a Senator or member of the House of Representatives shall, while so disqualified and knowing or having reasonable grounds for knowing that he is so disqualified, sit or vote as a member of the Senate or the House of Representatives, he shall be liable to a penalty of five hundred dollars for each day on which he shall so sit or vote, to be recovered on behalf of the Consolidated Revenue Fund by action of the Supreme Court.

44. (1) In the event of a member of the Senate or the House of Representatives being convicted —
(a) within _____ of a criminal offense; or
(b) outside _____ of an offense, by whatever name called, which if committed in _____ would have been a criminal offense;

and being sentenced by a court to death or imprisonment, by whatever name called, for a term of six months or more, such member shall cease forthwith to exercise his functions or to be entitled to any renumeration as a member and, subject to the other provisions of this section, his seat shall become vacant at the expiration of thirty days from the date of such sentence.

(2) When during the period of thirty days referred to in subsection (1), an application for a free pardon is made or an appeal is filed, the question whether the member is to vacate his seat shall not be determined until the final disposal of such application or appeal, whereupon the member shall forthwith vacate his seat unless —
(a) he is granted a free pardon; or
(b) his conviction is set aside; or
(c) his sentence is reduced to a term of imprisonment of less than six months; or
(d) a punishment other than imprisonment is substituted.

(3) Where as a consequence of the final disposal of the application or appeal of the member, his conviction or sentence is varied in any manner specified in paragraphs (a) to (d) of subsection (2), the member shall not vacate his seat, unless he has previously resigned, but shall be entitled to resume his functions as a member and to receive renumeration as such for the period during which he ceased to exercise his functions as a member by reason of the other provisions of this section.

(4) For the purposes of this section —
(a) two or more sentences of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms;
(b) two or more sentences of imprisonment that are required to be served concurrently shall be regarded as a single term of imprisonment for the period of the longest of such terms;
(c) a person shall be regarded as sentenced notwithstanding that the execution of the sentence or any part thereof has been suspended;
(d) no account shall be taken of any sentence of imprisonment imposed as an alternative to, or in default of, the payment of a fine.

45. (1) If —
(a) a member of the Senate or the House of Representatives is convicted of an offense described in subsection (1) of section forty-six and is sentenced to imprisonment for a lesser period than that specified in that subsection or to a fine or other punishment not specified in that subsection; and
(b) the Senate or the House of Representatives, as the case may be, after taking into account the nature of the offense and the sentence imposed, resolves by the affirmative votes of not less than two-thirds of its total membership that the member is unfit to continue as a member or that the member should be suspended from the service of the Senate or the House of Representatives, as the case may be, for such period, not exceeding six months, as the Senate or the House of Representatives may specify;

the member shall forthwith vacate his seat or, as the case may be, be suspended from the service of the Senate or the House of Representatives, as the case may be, for the period so specified.

(2) A member of the Senate or the House of Representatives who is suspended from the service of the Senate or the House of Representatives in terms of subsection (1) shall not exercise his functions and shall not be entitled to any renumeration as a member during the period of his suspension.

46. Subject to the provisions of section fifty-four, the Senate or the House of Representatives shall not be disqualified for the transaction of business by reason of any vacancy among the members thereof, including any vacancy not filled when the Senate or the House of Representatives is reconstituted at any time or when a member is suspended in terms of section forty-six or forty-seven and any proceedings therein shall be valid notwithstanding that some person who was not entitled so to do sat or voted in the Senate or the House of Representatives or otherwise took part in the proceedings.

47. (1) A general election of members of the House of Representatives shall be held on such day within a period not exceeding four months after the issue of a proclamation dissolving Congress as the President may in that proclamation fix.

(2) At any general election of members of the House of Representatives, all polls shall be taken on one and the same day in all the constituencies throughout the Republic.

48. (1) The Legislature shall be the sovereign legislative power in and over _____.

(2) The Legislature shall have power to make laws, to be entitled “Acts”, with respect to —
(i) trade and commerce with foreign nations;
(ii) taxation; but so as not to discriminate between provinces or parts of provinces;
(iii) borrowing money on the public credit of the Republic;
(iv) bankruptcy and insolvency;
(v) currency, coinage, and legal tender;
(vi) weights and measures;
(vii) census and statistics;
(viii) naturalization and aliens;
(ix) immigration and emigration;
(x) the influx of criminals;
(xi) quarantine;
(xii) the naval and military defense of the Republic, and the control of the forces to execute and maintain the laws of the Republic;
(xiii) external affairs;
(xiv) the acquisition of property on just terms from any province or person for any purpose in respect of which Congress has power to make laws;
(xv) the service and execution throughout the Republic of the civil and criminal process and the judgments of the courts of the provinces; and
(xvi) the recognition throughout the Republic of the laws, the public Acts and records, and the judicial proceedings of the provinces.

(3) Congress shall, subject to this Constitution, have exclusive power to make laws with respect to —
(i) the seat of government of the Republic, and all places acquired by the Republic for public purposes;
(ii) matters relating to any department of the public service the control of which is by this Constitution transferred to the executive government of the Republic;
(iii) other matters declared by this Constitution to be within the exclusive power of Parliament.

49. Subject to the provisions of this Constitution, the Senate and the House of Representatives may, jointly or severally as may be appropriate, make Standing Orders with respect to —
(a) the passing, instituting, and numbering of Bills;
(b) the notification to the President of any vacancy in the membership of the Senate or the House of Representatives;
(c) any manner in connection with which Standing Orders may be made in terms of this Constitution;

and, generally, with respect to the regulation and orderly conduct of proceedings and business in and between the Senate and the House of Representatives.

50. Every member of the Senate or the House of Representatives shall, before taking part in any proceedings thereof, other than proceedings necessary for the purposes of this section, make and subscribe before the Senate or the House of Representatives, as the case may be, the oath of loyalty in the form set out in the First Schedule.

51. (1) The Chairman of the Senate or, when he is unable to act, the Vice-Chairman of the Senate or, when they are both unable to act, a Senator, not being a Minister or a Deputy Minister, elected in accordance with the Standing Orders, shall preside over the deliberations of the Senate:

Provided that the Chairman of the Senate or the Vice-Chairman of the Senate or other Senator, as the case may be, when acting for the Chairman of the Senate shall not preside over the deliberations of the Senate in Committee.

(2) The Speaker or, when he is unable to act, the Deputy Speaker or, when they are both unable to act, a member of the House of Representatives, not being a Minister or a Deputy Minister, elected or appointed in accordance with the Standing Orders, shall preside over the deliberations of the House of Representatives:

Provided that the Speaker or the Deputy Speaker or other member of the House of Representatives, as the case may be, when acting for the Speaker shall not preside over the deliberations of the House of Representatives in Committee.

52. (1) If objection is taken by a member of the Senate present that there are present, besides the Chairman of the Senate or the Senator presiding, fewer than fifteen Senators and, after such interval as may be prescribed in the Standing Orders, the Chairman of the Senate or Senator presiding ascertains that the number of Senators present is less than fifteen, the Senate shall thereupon be adjourned in accordance with the Standing Orders.

(2) If objection is taken by a member of the House of Representatives present that there are present, besides the Speaker or the member presiding, fewer than sixty members and, after such interval as may be prescribed in the Standing Orders, the Speaker or member presiding ascertains that the number of members present is less than sixty, the House of Representatives shall thereupon be adjourned in accordance with the Standing Orders.

53. (1) Save as otherwise provided in this Constitution, all questions proposed for decision in the Senate or the House of Representatives shall be determined by a majority of the votes of the members present and voting.

(2) If, upon any question before the Senate or the House of Representatives, the votes of the members are equally divided, the motion shall be lost unless the person who is presiding has, by virtue of the proviso to subsection (3), a casting vote.

(3) The person presiding at a sitting of the Senate or of the House of Representatives, as the case may be, shall not have an original or a casting vote:

Provided that a Senator or a member of the House of Representatives when presiding at a sitting of the Senate or the House of Representatives, as the case may be, shall have and exercise a casting but not an original vote.

54. Subject to the other provisions of this Constitution, a law of the Legislature may make provision to determine and regulate the privileges, immunities, and powers of the Senate, the House of Representatives, and the members thereof.

55. (1) There shall be a Secretary to Congress appointed by the Speaker after consulting the Chairman of the Senate and subject to the approval of the House of Representatives.

(2) A person appointed as the Secretary to Congress shall not be removable from office except in pursuance of a resolution by the House of Representatives.

(3) The salary of the Secretary to Congress shall not be reduced during his continuance in office.

(4) Subject to any wishes which may be expressed from time to time by the House of Representatives, the Speaker shall, after consulting the Chairman of the Senate, appoint such number of other staff of Congress as the Speaker may from time to time consider necessary.

(5) The staff of Congress shall be appointed on terms of service approved from time to time by the House of Representatives and shall be deemed to be public officers but shall not form part of the civil service of the Government of _____.

56. (1) The President may at any time —
(a) attend and address the Senate or the House of Representatives; or
(b) call a joint meeting of the Senate and the House of Representatives and attend and address such joint meeting.

(2) The President may send messages to the Senate or the House of Representatives and any such message shall be read by a Minister designated by the President at the first convenient sitting of the the Senate or the House of Representatives, as the case may be, after it is received.

(3) When acting in terms of subsection (1) or (2) the President shall have regard to such constitutional conventions and practices referred to in subsection (2) of section eleven, if any, as are relevant or appropriate in the circumstances.

(4) The Senate and the House of Representatives may, either jointly or severally, pursuant to a resolution, invite any person to address the Senate or the Representatives or, as the case may be, a joint meeting of the Senate and the House of Representatives.

57. (1) Any Bill may originate in the House of Representatives.

(2) Any Bill, other than a Money Bill or a private Bill, may originate in the Senate.

(3) Subject to the conditions of this Constitution and the Standing Orders —
(a) any member of the Senate may introduce any Bill into or move any motion for debate in or present any petition to the Senate and the same shall be debated and disposed of according to the Standing Orders of the Senate;
(b) any member of the House of Representatives may introduce any Bill into or move any motion for debate in or present any petition to the House of Representatives and the same shall be debated and disposed of according to the Standing Orders of the House of Representatives;
(c) any Minister or Deputy Minister who is a member of the Senate or the House of Representatives may introduce any Bill into or move any motion for debate in or present any petition to either the Senate or the House of Representatives and the same shall be debated and disposed of according to the Standing Orders of the Senate or the House of Representatives, as the case may be.

(4) Except on the recommendation of the President signified by a Minister or a Deputy Minister, the Senate or the House of Representatives shall not —
(a) proceed upon any Bill, including any amendment to a Bill, which, in the opinion of the Chairman of the Senate or the Speaker, as the case may be, makes provision for any of the following matters —
(i) imposing or increasing any tax;
(ii) imposing or increasing any charge on the Consolidated Revenue Fund or other public funds of _____ or altering any such charge otherwise than by reducing it;
(iii) compounding or remitting any debt due to the Government of _____;
(iv) authorizing the making or raising of any loan by the Government of _____;
or
(b) proceed upon any motion, including any amendment to a motion, the effect of which, in the opinion of the Chairman of the Senate or the Speaker, as the case may be, is that provision should be made for any of the manners specified in paragraph (a); or
(c) receive any petition which, in the opinion of the Chairman of the Senate or the Speaker, as the case may be, requests that provision be made for any of the manners specified in paragraph (a).

(5) The provisions of subsection (4) shall not apply to —
(a) any Bill introduced, motion moved, or petition presented by a Minister or a Deputy Minister; or
(b) any amendment moved by a Minister or a Deputy Minister to a Bill or motion.

58. (1) Immediately after a Bill which originates in the House of Representatives has been given a final reading and passed by the House of Representatives, the Speaker shall cause an authenticated copy of the Bill to be transmitted to the Senate for consideration and the day on which it is transmitted to be recorded in the journal of the House of Representatives.

(2) A Bill transmitted to the Senate in terms of subsection (1) shall be introduced forthwith into the Senate and, subject to the provisions of section sixty-five, the Senate may reject the Bill or pass the Bill, with or without amendments.

(3) A Bill introduced into the Senate in terms of subsection (2) which has been given a final reading and passed by the Senate with amendments shall be forthwith returned to the House of Representatives with the amendments duly certified by the Secretary to Congress and the House of Representatives may reject, agree to, or amend the amendments made to the Bill by the Senate.

(4) Immediately after a Bill which originates in the Senate has been given a final reading and passed by the Senate, the Chairman of the Senate shall cause an authenticated copy of the Bill to be transmitted to the House of Representatives for consideration and the day on which it is transmitted to be recorded in the journal of the Senate.

(5) A Bill transmitted to the House of Representatives in terms of subsection (4) shall be introduced into the House of Representatives as soon as may be convenient and the House of Representatives may reject the Bill or pass the Bill, with or without amendments.

(6) A Bill introduced into the House of Representatives in terms of subsection (5) which has been given a final reading and passed by the House of Representatives with amendments shall be forthwith returned to the Senate with the amendments duly certified by the Secretary to Congress and the Senate may reject, agree to, or amend the amendments made to the Bill by the House of Representatives.

59. (1) If —
(a) the Senate and the House of Representatives have not agreed upon the amendments to be made to a Bill which originates in the House of Representatives before the expiration of a period of one hundred and eighty days beginning on the day of the introduction of the Bill into the Senate; or
(b) the Senate and the House of Representatives have not agreed upon the amendments to be made to a Bill which originates in the Senate before the expiration of a period of one hundred and eighty days beginning on the day of the return of the Bill to the Senate; or
(c) a Bill which originates in the House of Representatives has been rejected or has not been passed by the Senate before the expiration of a period of one hundred and eighty days beginning on the day of the introduction of the Bill into the Senate;

the Bill may, subject to the provisions of this section, be presented to the President for assent in the form in which it was passed by the House of Representatives with such amendments, if any, as the Senate and the House of Representatives may have agreed:

Provided that if, in the opinion of the Speaker, a Bill which —
(i) originates in the House of Representatives; and
(ii) is introduced into the House of Representatives after the expiration of a period of one hundred and eighty days beginning on the day of the introduction into the Senate of a previous Bill originating in the Senate;

contains provisions identical with those contained in that previous Bill, except for minor changes required by the passage of time, the provisions of this subsection shall be construed and have effect as though the references in paragraphs (a) and (c) to a period of one hundred and eighty days were references to a period of eight sitting days.

(2) A Bill referred to in subsection (1) shall not be presented to the President for assent unless a resolution that the Bill be presented to the President for assent has been passed by the House of Representatives —
(a) in the case of a Bill referred to in paragraph (a) or (c) of that subsection, after the expiration of a period of one hundred and eighty days beginning on the day of the introduction of the Bill into the Senate;
(b) in the case of a Bill referred to in paragraph (b) of that subsection, after the expiration of a period of one hundred and eighty days beginning on the day of the return of the Bill to the Senate;
(c) in the case of a Bill referred to in the proviso to that subsection, after the expiration of a period of eight sitting days beginning on the day of the introduction of the Bill into the Senate.

(3) A Bill referred to in subsection (1) shall not be presented to the President for assent unless it is accompanied by a certificate from the Speaker stating that the Bill is a Bill to which the relevant provisions of subsections (1) and (2) apply and that the Bill may lawfully be presented for assent by virtue of those provisions.

(4) A Bill presented to the President for assent in pursuance of a resolution of the House of Representatives referred to in subsection (2) shall be deemed to have been duly passed by Congress in the form in which it is presented to the President.

(5) In the calculation of any period of one hundred and eighty days referred to in this section, no account shall be taken of any period during which Congress is prorogued.

(6) For the purposes of this section —
(a) a Bill originating in the House of Representatives shall be deemed to have been introduced into the Senate on the sitting day next following the day on which a copy of the Bill is transmitted to the Senate in terms of subsection (1) of section forty-one;
(b) a Bill originating in the Senate shall be deemed to have been returned to the Senate on the sitting day next following the day on which the Bill is returned for the first time to the Senate in terms of subsection (6) of section forty-one.

60. (1) The Prime Minister may, subject to the provisions of subsection (4), certify that a Bill which has originated in the House of Representatives which has been given a final reading and passed by the House of Representatives is so urgent that it is not in the national interest to delay the enactment of the Bill.

(2) If —
(a) the Senate and the House of Representatives have not agreed upon the amendments to be made to a Bill in respect of which a certificate has been issued in terms of subsection (1) before the expiration of a period of eight sitting days beginning on the day of the introduction of the Bill into the Senate; or
(b) a Bill in respect of which a certificate has been issued in terms of subsection (1) has not been passed by the Senate before the expiration of a period of eight sitting days beginning on the day of the introduction of the Bill into the Senate;

the Bill may, subject to the provisions of this section, be presented to the President for assent in the form in which it was passed by the House of Representatives with such amendments, if any, as the Senate and the House of Representatives may have agreed.

(3) A Bill referred to in subsection (2) shall not be presented to the President for assent unless a resolution that the Bill be presented to the President for assent has been passed by the House of Representatives after the expiration of a period of eight sitting days beginning on the day of the introduction of the Bill into the Senate.

(4) A Bill referred to in subsection (2) shall not be presented to the President for assent unless it is accompanied by a certificate from the Speaker stating that the Bill is a Bill to which the provisions of subsections (2) and (3) apply and that the Bill may lawfully be presented for assent by virtue of these provisions.

(5) A Bill presented to the President for assent in pursuance of a resolution of the House of Representatives referred to in subsection (3) shall be deemed to have been duly passed by Congress in the form in which it is presented to the President.

(6) For the purposes of this section a Bill in respect of which a certificate has been issued in terms of subsection (1) shall be deemed to have been introduced into the Senate on the sitting day next following the day on which a copy of the Bill is transmitted to the Senate in terms of subsection (1) of section sixty-two.

(7) If, in the case of a Bill presented to the President for assent in pursuance of a resolution of the House of Representatives referred to in subsection (3), the Senate has not considered that Bill in the form in which it was presented to the President for assent, a copy of that Bill certified by the Secretary to Congress to be in the form in which it was presented to the President for assent shall be transmitted to the Senate immediately after its enactment.

(8) If, before the expiration of a period of eight sitting days beginning on —
(a) the day of the resolution of the Senate referred to in subsection (9); or
(b) the day on which the Bill is enacted;

whichever is the later day, the House of Representatives has not passed a resolution such as is referred to in subsection (9), the President shall forthwith cause to be published in the Gazette a notice annulling the provision to which the resolution of the Senate relates.

(9) If, before the expiration of the period referred to in subsection (8), the House of Representatives has, by the affirmative votes of more than one-half of the total membership of the House of Representatives, resolved that the provision of the Bill to which the resolution of the Senate relates shall remain in force, the provision shall, unless it is sooner repealed or has had its effect, continue in force for a period of two hundred and seventy days beginning on the day of the resolution or on the day in which the Bill is enacted, whichever is the later day:

Provided that, if —
(a) the resolution of the House of Representatives referred to in this subsection was passed by the affirmative votes of not less than two-thirds of the total membership of the House of Representatives; or
(b) before the expiration of the period of two hundred and seventy days referred to in this subsection the House of Representatives has, by the affirmative votes of not less than two-thirds of the total membership of the House of Representatives, passed a further resolution that the provision shall remain in force;

the provision shall continue in force after the expiration of the period of two hundred and seventy days, unless it is sooner repealed or has had its effect.

(10) Where the Senate or the House of Representatives passes a resolution in pursuance of the provisions of subsection (8) or (9), the Secretary to Congress shall cause to be published in the Gazette a notice of such resolution and of the effect thereof.

(11) The annulment of any provision of an Act in terms of this section shall not affect the operation thereof as respects things previously done or omitted to be done in terms of that provision and no action, indictment, or other legal proceedings whatsoever shall be brought or instituted in any court of law for or on account of or in respect of any act or thing whatsoever in good faith done or omitted to be done under that provision.

61. (1) The Senate shall not have power to amend a Bill which is certified by the Speaker to be a Money Bill but may recommend amendments to the House of Representatives.

(2) An amendment to a Bill referred to in subsection (1) which is recommended by the Senate shall be duly certified by the Secretary to Congress and transmitted to the House of Representatives for its consideration.

(3) After the House of Representatives has considered amendments to a Bill referred to in subsection (1) which have been recommended by the Senate the Bill shall be presented to the President for assent in the form in which it was passed by the House of Representatives with such amendments, if any, as may have been made by the House of Representatives on the recommendation of the Senate.

(4) If a Bill referred to in subsection (1) has not been passed by the Senate before the expiration of a period of eight sitting days beginning on the day of the introduction of the Bill into the Senate, the Bill may, subject to the provisions of this section, be presented to the President for assent in the form in which it was passed by the House of Representatives.

(5) A Bill referred to in subsection (4) shall not be presented to the President for assent unless a resolution that the Bill be presented to the President for assent has been passed by the House of Representatives after the expiration of a period of eight sitting days beginning on the day of the introduction of the Bill into the Senate.

(6) A Bill referred to in subsection (4) shall not be presented to the President for assent unless it is accompanied by a certificate from the Speaker stating that the Bill is a Bill to which the provisions of subsections (4) and (5) apply and that the Bill may be lawfully presented for assent by virtue of those provisions.

(7) A Bill presented to the President for assent in pursuance of a resolution of the House of Representatives referred to in subsection (5) shall be deemed to have been duly passed by Congress in the form in which it is presented to the President.

(8) For the purposes of this section, a Bill referred to in subsection (1) shall be deemed to have been introduced into the Senate on the sitting day next following the day on which a copy of the Bill is transmitted to the Senate in terms of subsection (1) of section forty-one.

62. Subject to the provisions of this Constitution and the Standing Orders, after a Bill has been returned to the House in which it originated, the Senate or the House of Representatives may, by message to the other House pursuant to a resolution, agree to any amendment or withdraw any amendment which has been made to the Bill.

63. (1) No Bill shall become law unless the President assents thereto and has signed it in token of such assent.

(2) A Bill shall be presented to the President for assent when it has been duly passed by Congress, subject always to compliance with any other requirements of this Constitution that apply to such bill.

(3) Subject to the provisions of subsection (5) of section sixty-three, subsection (6) of section sixty-four, and subsection (7) of section sixty-five, a Bill shall be duly passed by Congress if the Bill has been agreed to by the Senate and the House of Representatives in the form in which it is presented to the President for assent.

(4) When a bill is presented to the President for assent he shall declare, subject to the law and constitutional convention, that he assents or refuses assent thereto.

(5) The President may return to the Senate or the House of Representatives, in whichever it may have originated any Bill so presented to him, and may transmit therewith any amendments which he may recommend, and the Senate or the House of Representatives, as the case may be, may deal with the recommendation.

(6) In every Bill presented to the President for assent the words of enactment shall be —
“Be it enacted by the President and the Congress of _____.”

64. (1) Where in this Constitution there is a provision that a Bill of a specified description shall not be presented to the President for assent unless it is accompanied by a prescribed certificate, the President shall not assent to the Bill unless it is accompanied by the prescribed certificate.

(2) A law assented to by the President shall come into operation on the day of its publication in the Gazette or on such other day as may be specified in and under that or some other law.

65. (1) As soon as may be after a Bill has been assented to by the President, the Secretary to Parliament shall cause a fair copy of the Act, duly authenticated by the signature of the President and the Public Seal of _____, to be enrolled on record in the Office of the Registrar of the Supreme Court and such copy shall be conclusive evidence of the provisions of such Act.

(2) Notwithstanding the provisions of subsection (1), a law of Congress may provide that a revised edition of the laws in force on any specified day shall be compiled and published and that, upon publication, the laws therein printed shall in all courts of justice and for all purposes whatever be the sole and authentic version of such laws and be conclusive evidence thereof, and the President shall cause a duly authenticated copy of such revised edition of the laws to be deposited in the Office of the Registrar of the Supreme Court.

(3) The validity of an Act of the Legislature or of a revised edition of the laws shall not depend upon the enrollment or deposit thereof in pursuance of the provisions of this section.

66. (1) Subject to the provisions of this section, the sessions of Congress shall be held in such place and shall begin at such time and on such day as the President may direct by proclamation published in the Gazette.

(2) There shall be a session of Congress beginning in every calender year so that a period of more than twelve months shall not intervene between the last sitting of either House in any one session and the first sitting of Congress in the next session.

67. (1) The President may at any time, by proclamation published in the Gazette, prorogue or dissolve Congress.

(2) Congress shall be dissolved in pursuance of a proclamation issued in terms of subsection (1) on the day preceding the day fixed in that proclamation for the holding of a general election of members of the House of Representatives referred to in section forty-nine.

(3) A proclamation dissolving Congress shall be issued by the President before the expiration of the period of five years beginning on the day when Congress first met after the holding of the last preceding general election unless Congress has sooner been dissolved.

(4) The President shall prorogue or dissolve Congress when so advised by the Prime Minister.

(5) If at any time the President is of the opinion that according to any constitutional convention referred to in subsection (2) of section eleven Congress should be dissolved and there is no Prime Minister or the Prime Minister has not advised the dissolution of Congress, the President, acting in his discretion in accordance with such convention, may dissolve Congress.

(6) On the dissolution of Congress all proceedings pending at the time shall be terminated and accordingly every Bill, motion, petition, or other business shall lapse.

[edit] Chapter 4
The Judiciary

72. The judicial power of the Republic shall be vested in a Supreme Court, and in such other federal courts as Parliament creates, and in such other courts as it invests with federal jurisdiction. The Supreme Court shall consist of a Chief Justice, and so many other Justices, not less than two, as the Parliament prescribes.

73. (1) The Justices of the Supreme Court and of the other courts created by Parliament-
(i) shall be appointed by the President;
(ii) shall not be removed except by the President, on an address from both houses of Parliament in the same session, praying for such removal on the ground of proved misbehavior or incapacity;
(iii) shall receive such renumeration as Parliament may fix; but the renumeration shall not be reduced during their continuance in office.

(2) The appointment of a Justice of the Supreme Court shall be for a term expiring upon his attaining the age of seventy years, and a person shall not be appointed as a Justice of the Supreme Court if he has attained that age.

(3) The appointment of a Justice of a court created by Parliament shall be for a term expiring upon his attaining the age that is, at the time of his appointment, the maximum age for Justices of that court and a person shall not be appointed as a Justice of such a court if he has attained the age that is for the time being the maximum age for Justices of that court.

(4) Subject to this section, the maximum age for Justices of any court created by Parliament is seventy years.

(5) Parliament may make a law fixing an age that is less than seventy years as the maximum age for Justices of a court created by Parliament and may at any time repeal or amend such a law, but any such repeal or amendment does not affect the term of office of a Justice under an appointment made before the repeal or appointment.

(6) A Justice of the Supreme Court or of a court created by Parliament may resign his office by writing under his hand delivered to the President.

(7) Any reference in this section to the appointment of a Justice of the Supreme Court or of a court created by Parliament shall be deemed to be a reference to the appointment of a person who holds office as a Justice of the Supreme Court or of a court created by Parliament to another office of Justice of the same court having a different status or designation.

74. (1) The Supreme Court shall have jurisdiction, with such exceptions and subject to such regulations as Parliament prescribes, to hear and determine appeals from all judgments, decrees, orders, and sentences:
(i) of any Justice or Justices exercising the original jurisdiction of the Supreme Court; and
(ii) of any other federal court, or court exercising federal jurisdiction; or of the High Court of any State;

and the judgment of the Supreme Court in all such cases shall be final and conclusive.

(2) Until Parliament otherwise provides, the conditions of and restrictions on appeals to the President from the High Courts of the several States shall be applicable to appeals from them to the Supreme Court.

75. In all matters-
(i) arising under any treaty;
(ii) affecting consuls or other representatives of other countries;
(iii) in which the Republic, or a person suing or being sued on behalf of the Republic, is a party;
(iv) between States, or between residents of different States, or between a State and a resident of another State;
(v) in which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Republic;

the Supreme Court shall have original jurisdiction.

76. Parliament may make laws conferring original jurisdiction on the Supreme Court in any manner-
(i) arising under this Constitution, or involving its interpretation;
(ii) arising under any laws made by Parliament;
(iii) of admiralty and maritime jurisdiction;
(iv) relating to the same subject-manner claimed under the laws of different States.

77. With respect to any of the matters mentioned in sections seventy-five and seventy-six Parliament may make laws-
(i) defining the jurisdiction of any federal court other than the Supreme Court;
(ii) defining the extent to which the jurisdiction of any federal court shall be exclusive of that which belongs to or is invested in the courts of the States;
(iii) investing any court of a State with federal jurisdiction.

78. Parliament may make laws conferring rights to proceed against the Republic or a State in respect of matters within the limits of the judicial power.

79. The federal jurisdiction of any court may be exercised by such number of judges as Parliament prescribes.

80. The trial on indictment of any offense against any law of the Republic shall be by jury, and every such trial shall be held in the State where the offense was committed, and if the offense was not committed within any State the trial shall be held at such place or places as Parliament prescribes.

[edit] Chapter 5
The Electoral Commission for the Republic

81. There shall be an Electoral Commission for the Republic which shall consist of-
(a) a Chief Electoral Commissioner, who shall be chairman; and
(b) five members from each State.

82. The members of the Electoral Commission of the Republic shall be appointed by the President, acting in accordance with the advice of the Prime Minister.

83. Before tendering any advice for the purposes of this section in relation to the appointment of the member of the Electoral Commission of the Republic representing a State, the Prime Minister shall consult the Governor of that State.

84. A person shall not be qualified to hold the office of a member of the Electoral Commission of the Republic if he is a member of the public service of the Republic or the public service of a State.

85. Subject to the provisions of this Chapter, a member of the Electoral Commission of the Republic shall vacate his office-
(a) at the expiration of five years from the date of his appointment; or
(b) if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.

86. (1) A member of the Electoral Commission of the Republic may be removed from office by the President, acting in accordance with the advice of the Prime Minister, for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehavior.

(2) A member of the Electoral Commission of the Republic shall not be removed from office except in accordance with the provisions of this section.

87. In the exercise of its functions under this Constitution the Electoral Commission of the Republic shall not be subject to the direction or control of any other person or authority.

88. (1) There shall be charged upon and paid out of the Consolidated Revenue Fund to the members of the Electoral Commission of the Republic such salaries as may from time to time be prescribed by a law of the Legislature and such allowances as may be prescribed by or under any such law.

(2) The salary of the members of the Electoral Commission of the Republic shall not be reduced during their continuance in office.

[edit] Chapter 6
Finance and Trade

89. All revenues or moneys raised or received by the Government of Ledgersia shall form one Consolidated Revenue Fund, to be appropriated for the purposes of the Government in the manner and subject to the charges and liabilities imposed by this Constitution.

90. The costs, charges, and expenses incident to the collection, management, and receipt of the Consolidated Revenue Fund shall form the first charge thereon; and the revenue of the Republic shall in the first instance be applied to the payment of the expenditure of the Republic.

91. No money shall be drawn from the Consolidated Revenue Fund except under appropriation made by law.

92. When any department of the public service of a State is transferred to the Republic—
(i) all property of the State of any kind, used exclusively in connection with the department, shall become vested in the Republic; but, in the case of the departments controlling customs and excise and bounties, for such time only as the President may declare to be necessary;
(ii) the Republic may acquire any property of the State, of any kind used, but not exclusively used in connection with the department; the value thereof shall, if no agreement can be made, be ascertained in, as nearly as may be, the manner in which the value of land, or of an interest in land, taken by the State for public purposes is ascertained under the law of the State in force;
(iii) the Republic shall compensate the State for the value of any property passing to the Republic under this section; and
(iv) the Republic shall, at the date of the transfer, assume the current obligations of the State in respect of the department transferred.

93. Parliament shall not, by any law or regulation of trade, commerce, or revenue, give preference to one State or any part thereof over another State or any part thereof.

94. (1) There shall be an Inter-State Commission, with such powers of adjudication and administration as Parliament deems necessary for the execution and maintenance, within the Republic, of the provisions of this Constitution relating to trade and commerce, and of all laws made thereunder.

(2) The members of the Inter-State Commission—
(i) shall be appointed by the President;
(ii) shall hold office for seven years, but may be removed within that time by the President, on an address from both houses of Parliament in the same session praying for such removal on the ground of proved misbehavior or incapacity; and
(iii) shall receive such remuneration as Parliament may fix; but such remuneration shall not be diminished during their continuance in office.

95. Parliament may take over from the States their public debts, or a proportion thereof according to the respective numbers of their people as shown by the latest statistics of the Republic, and may convert, renew, or consolidate such debts, or any part thereof; and the States shall indemnify the Republic in respect of the debts taken over, and thereafter the interest payable in respect of the debts shall be deducted and retained from the portions of the surplus revenue of the Republic payable to the several States, or if such surplus is insufficient, or if there is no surplus, then the deficiency or the whole amount shall be paid by the several States.

96. (1) The Government of Ledgersia may make agreements with the States with respect to the public debts of the States, including-
(a) the taking over of such debts by the Republic;
(b) the management of such debts;
(c) the payment of interest and the provision and management of sinking funds in respect of such debts;
(d) the consolidation, renewal, conversion, and redemption of such debts;
(e) the indemnification of the Republic by the States in respect of debts taken over by the Republic; and
(f) the borrowing of money by the States or by the Republic.

97. On the imposition of uniform duties of customs, trade, commerce, and intercourse among the States shall be absolutely free.

[edit] Executive Government

16. (1) The executive government of the Republic in regard to any aspect of its domestic or foreign affairs is vested in the President, acting on the advice of the Executive Council.

(2) Save where otherwise expressly stated or necessarily implied, any reference in this Constitution to the President shall be deemed to be a reference to the President acting on the advice of the Executive Council.

(3) The provisions of subsections (1) and (2) of this section shall not be construed to affect the exercise by the President of his powers under section twenty, in so far as it relates to the appointment of Ministers, or section twenty-five, paragraph (a) of subsection (1) of section forty-three, or section forty-seven, or the constitutional conventions relating to the exercise of his functions by the President.

17. The Executive Council shall consist of the Ministers appointed under section twenty for the time being holding office.

18. seal

19. (1) The will and pleasure of the President as head of the executive government of the Republic shall be expressed in writing under his signature, and every instrument signed by him shall be countersigned by a Minister.

(2) The signature of the President on any instrument shall be confirmed as provided in section eighteen.

20. (1) The President may appoint persons not exceeding eighteen in number to administer such departments of State of the Republic as the President may establish.

(2) Persons appointed under subsection (1) shall hold office during the pleasure of the President and shall be the Ministers of the Republic.

(3) No Minister shall hold office for a longer period than three months unless he is or becomes a meber of the Senate or the House of Representatives.

(4) Whenever any Minister is from any cause whatever unable to perform any of the functions of his office, the President may appoint any other member of the Executive Council to act in the said Minister's stead, either generally or in the performance of any particular function.

(5) A Minister shall before assuming his duties as such or as a member of the Executive Council make and subscribe an oath before the President or a person designated by him, in the following form:

I, A.B., do hereby swear to be faithful to the Republic of Ledgersia and undertake before God to honor this oath; to hold my office as Minister and as a member of the Executive Council with honor and dignity; to respect and uphold the Constitution and all other laws of the Republic; to be a true and faithful counsellor; not to divulge directly or indirectly any matters brought before the Executive Council which are entrusted to me under secrecy; and to perform the duties of my office conscientiously and to the best of my ability.
So help me God.

21. (1) The President may appoint not more than six persons to hold office during his pleasure as deputies to any Minister in his capacity as the person appointed to administer any particular department of State, and any such deputy may on behalf of that Minister and under the designation of Deputy Minister of the department in question, exercise such of the powers and perform such of the duties and functions assigned to that Minister in terms of any law or otherwise as the said Minister may from time to time determine, but not shall not be a member of the Executive Council.

(2) Any person appointed under this section shall before assuming the duties of his office make and subscribe before the President or a person designated by him for the purpose, an oath in such form as the President may determine.

(3) No person appointed under this section shall hold office for a longer period than three months unless he is or becomes a member of the Senate or the House of Representatives.

22. The appointment and removal of persons in the service of the Republic shall be vested in the President, unless the appointment or removal is delegated by the President to some other authority or is in terms of this Constitution or any other law vested in some other authority.

[edit] president

The President
17. —(1) There shall be a President of Singapore who shall be the Head of State and shall exercise and perform such powers and functions as are conferred on the President by this Constitution and any other written law.

(2) The President shall be elected by the citizens of Singapore in accordance with any law made by the Legislature.

(3) Any poll for the election of President shall be held as follows:
(a) in the case where the office of President becomes vacant prior to the expiration of the term of office of the incumbent and a writ for the election has not been issued before such vacation of office or, if so issued, has already been countermanded — within 6 months after the date the office of President becomes vacant; or
(b) in any other case — not more than 3 months before the date of expiration of the term of office of the incumbent.

Presidential Elections Committee
18. —(1) There shall be a Presidential Elections Committee whose function is to ensure that candidates for the office of President have the qualifications referred to in paragraph (e) or (g) (iv) or both such paragraphs of Article 19 (2), as the case may be.

(2) The Presidential Elections Committee shall consist of —
(a) the Chairman of the Public Service Commission;
(b) the Chairman of the Accounting and Corporate Regulatory Authority established under the Accounting and Corporate Regulatory Authority Act 2004 (Act 3 of 2004); and
(c) a member of the Presidential Council for Minority Rights nominated by the Chairman of the Council.

(3) The Chairman of the Public Service Commission shall be the chairman of the Presidential Elections Committee and if he is absent from Singapore or for any other reason unable to discharge his functions, he shall nominate a Deputy Chairman of the Public Service Commission to act on his behalf.

(4) The office of the member of the Presidential Elections Committee nominated under clause (2) (c) shall become vacant if the member —
(a) dies;
(b) resigns from office by a letter in writing addressed to the chairman of the Committee; or
(c) has his nomination revoked by the Chairman of the Presidential Council for Minority Rights,

and the vacancy shall be filled by a new member nominated by the Chairman of the Presidential Council for Minority Rights.

(5) If the member of the Presidential Elections Committee referred to in clause (2) (b) or (c) is absent from Singapore or is for any other reason unable to discharge his functions, the Chairman of the Accounting and Corporate Regulatory Authority or the Chairman of the Presidential Council for Minority Rights shall appoint a member of the Accounting and Corporate Regulatory Authority or a member of the Presidential Council for Minority Rights, as the case may be, to act on his behalf.

(6) The Presidential Elections Committee may regulate its own procedure and fix the quorum for its meetings.

(7) The Presidential Elections Committee may act notwithstanding any vacancy in its membership.

(8) Parliament may by law provide for the remuneration of members of the Presidential Elections Committee and the remuneration so provided shall be charged on the Consolidated Fund.

(9) A decision of the Presidential Elections Committee as to whether a candidate for election to the office of President has fulfilled the requirement of paragraph (e) or (g) (iv) of Article 19 (2) shall be final and shall not be subject to appeal or review in any court.

Qualifications and disabilities of President
19. —(1) No person shall be elected as President unless he is qualified for election in accordance with the provisions of this Constitution.

(2) A person shall be qualified to be elected as President if he —
(a) is a citizen of Singapore;
(b) is not less than 45 years of age;
(c) possesses the qualifications specified in Article 44 (2) (c) and (d);
(d) is not subject to any of the disqualifications specified in Article 45;
(e) satisfies the Presidential Elections Committee that he is a person of integrity, good character and reputation;
(f) is not a member of any political party on the date of his nomination for election; and
(g) has for a period of not less than 3 years held office —
(i) as Minister, Chief Justice, Speaker, Attorney-General, Chairman of the Public Service Commission, Auditor-General, Accountant-General or Permanent Secretary;
(ii) as chairman or chief executive officer of a statutory board to which Article 22A applies;
(iii) as chairman of the board of directors or chief executive officer of a company incorporated or registered under the Companies Act (Cap. 50) with a paid-up capital of at least $100 million or its equivalent in foreign currency; or
(iv) in any other similar or comparable position of seniority and responsibility in any other organisation or department of equivalent size or complexity in the public or private sector which, in the opinion of the Presidential Elections Committee, has given him such experience and ability in administering and managing financial affairs as to enable him to carry out effectively the functions and duties of the office of President.

(3) The President shall —
(a) not hold any other office created or recognised by this Constitution;
(b) not actively engage in any commercial enterprise;
(c) not be a member of any political party; and
(d) if he is a Member of Parliament, vacate his seat in Parliament.

(4) Nothing in clause (3) shall be construed as requiring any person exercising the functions of the office of President under Article 22N or 22O to —
(a) if he is a member of any political party, resign as a member of that party; or
(b) vacate his seat in Parliament or any other office created or recognised by this Constitution.

Term of office
20. —(1) The President shall hold office for a term of 6 years from the date on which he assumes office.

(2) The person elected to the office of President shall assume office on the day his predecessor ceases to hold office or, if the office is vacant, on the day following his election.

(3) Upon his assumption of office, the President shall take and subscribe in the presence of the Chief Justice or of another Judge of the Supreme Court the Oath of Office in the form set out in the First Schedule.

Discharge and performance of functions of President
21. —(1) Except as provided by this Constitution, the President shall, in the exercise of his functions under this Constitution or any other written law, act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet.

(2) The President may act in his discretion in the performance of the following functions:
(a) the appointment of the Prime Minister in accordance with Article 25;
(b) the withholding of consent to a request for a dissolution of Parliament;
(c) the withholding of assent to any Bill under Article *5A, 22E, 22H, 144 (2) or 148A;
(d) the withholding of concurrence under Article 144 to any guarantee or loan to be given or raised by the Government;
(e) the withholding of concurrence and approval to the appointments and budgets of the statutory boards and Government companies to which Articles 22A and 22C, respectively, apply;
(f) the disapproval of transactions referred to in Article 22B (7), 22D (6) or 148G;
(g) the withholding of concurrence under Article 151 (4) in relation to the detention or further detention of any person under any law or ordinance made or promulgated in pursuance of Part XII;
(h) the exercise of his functions under section 12 of the Maintenance of Religious Harmony Act (Cap. 167A); and
(i) any other function the performance of which the President is authorised by this Constitution to act in his discretion.

(3) The President shall consult the Council of Presidential Advisers before performing any of his functions under Articles 22, 22A (1), 22B (2) and (7), 22C (1), 22D (2) and (6), 142(1A), 144, 148A, 148B and 148G.

(4) Except as otherwise provided in clause (3), the President may, in his discretion, consult the Council of Presidential Advisers before performing any of his functions referred to in clause (2) (c) to (i).

(5) The Legislature may by law make provision to require the President to act after consultation with, or on the recommendation of, any person or body of persons other than the Cabinet in the exercise of his functions other than —
(a) functions exercisable in his discretion; and
(b) functions with respect to the exercise of which provision is made in any other provision of this Constitution.

Appointment of public officers, etc.
22. —(1) Notwithstanding any other provision of this Constitution, the President, acting in his discretion, may refuse to make an appointment to any of the following offices or to revoke any such appointment if he does not concur with the advice or recommendation of the authority on whose advice or recommendation he is, by virtue of that other provision of this Constitution or any other written law, to act:
(a) the Chief Justice, Judges and Judicial Commissioners of the Supreme Court;
(b) the Attorney-General;
(c) the Chairman and members of the Presidential Council for Minority Rights;
(d) the chairman and members of the Presidential Council for Religious Harmony constituted under the Maintenance of Religious Harmony Act (Cap. 167A);
(e) the chairman and members of an advisory board constituted for the purposes of Article 151;
(f) the Chairman and members of the Public Service Commission;
(fa) a member of the Legal Service Commission, other than an ex-officio member referred to in Article 111 (2) (a), (b) or (c);
(g) the Chief Valuer;
(h) the Auditor-General;
(i) the Accountant-General;
(j) the Chief of Defence Force;
(k) the Chiefs of the Air Force, Army and Navy;
(l) a member (other than an ex-officio member) of the Armed Forces Council established under the Singapore Armed Forces Act (Cap. 295);
(m) the Commissioner of Police; and
(n) the Director of the Corrupt Practices Investigation Bureau.

(2) Where the President, contrary to the recommendation of the Council of Presidential Advisers, refuses to make an appointment or refuses to revoke an appointment under clause (1), Parliament may, by resolution passed by not less than two-thirds of the total number of the elected Members of Parliament referred to in Article 39 (1) (a), overrule the decision of the President.

(3) Upon the passing of a resolution under clause (2), the President shall be deemed to have made the appointment or revoked the appointment, as the case may be, on the date of the passing of such resolution.

Appointment of members of statutory boards
22A. —(1) Notwithstanding any other provision of this Constitution —
(a) where the President is authorised by any written law to appoint the chairman, member or chief executive officer of any statutory board to which this Article applies, the President, acting in his discretion, may refuse to make any such appointment or to revoke such appointment if he does not concur with the advice or recommendation of the authority on whose advice or recommendation he is required to act; or
(b) in any other case, no appointment to the office of chairman, member or chief executive officer of any statutory board to which this Article applies and no revocation of such appointment shall be made by any appointing authority unless the President, acting in his discretion, concurs therewith.

(1A) Where the President, contrary to the recommendation of the Council of Presidential Advisers, refuses to make or to concur with an appointment, or refuses to revoke an appointment or to concur with a revocation of an appointment, as the case may be, under clause (1), Parliament may, by resolution passed by not less than two-thirds of the total number of the elected Members of Parliament referred to in Article 39 (1) (a), overrule the decision of the President.

(1B) Upon the passing of a resolution under clause (1A), the President shall be deemed to have made or revoked the appointment, or to have concurred with the appointment or revocation of appointment, as the case may be, on the date of the passing of such resolution.

(2)
(a) The chairman or member of a statutory board to which this Article applies shall be appointed for a term not exceeding 3 years and shall be eligible for reappointment.

(b) Any appointment to the office of chairman, member or chief executive officer of a statutory board under clause (1) (b) or any revocation thereof shall be void if made without the concurrence of the President.

(3) This Article shall apply to the statutory boards specified in Part I of the Fifth Schedule.

(4) Subject to clause (5), the President acting in accordance with the advice of the Cabinet may, by order published in the Gazette, add any other statutory board to Part I of the Fifth Schedule; and no statutory board shall be removed from that Part by any such order.

(5) No statutory board shall by order under clause (4) be added to Part I of the Fifth Schedule if the total value of the reserves of the statutory board on the date of making of such order is less than $100 million.

Budgets of statutory boards 22B. —(1) Every statutory board to which Article 22A applies shall —

(a) before the commencement of its financial year, present to the President for his approval its budget for that financial year, together with a declaration by the chairman and the chief executive officer of the statutory board whether the budget when implemented is likely to draw on the reserves which were not accumulated by the statutory board during the current term of office of the Government;

(b) present to the President for his approval every supplementary budget for its financial year together with a declaration referred to in paragraph (a) relating to such supplementary budget; and

(c) within 6 months after the close of that financial year, present to the President —

(i) a full and particular audited statement showing the revenue received and expenditure incurred by the statutory board during that financial year;

(ii) as far as practicable, an audited statement of the assets and liabilities of the statutory board at the end of that financial year; and

(iii) a declaration by the chairman and the chief executive officer of the statutory board whether the statements referred to in sub-paragraphs (i) and (ii) show any drawing on the reserves which were not accumulated by the statutory board during the current term of office of the Government.

(2) The President, acting in his discretion, may refuse to approve any budget or supplementary budget of any such statutory board if, in his opinion, the budget is likely to draw on reserves which were not accumulated by the statutory board during the current term of office of the Government, except that if he approves any such budget notwithstanding his opinion that the budget is likely to so draw on those reserves, the President shall cause his opinion to be published in the Gazette.

(3) Where by the first day of the financial year of such statutory board the President has not approved its budget for that financial year, the statutory board —

(a) shall, within 3 months of the first day of that financial year, present to the President a revised budget for that financial year together with the declaration referred to in clause (1); and

(b) may, pending the decision of the President, incur expenditure not exceeding one-quarter of the amount provided in the approved budget of the statutory board for the preceding financial year,

and if the President does not approve the revised budget, the statutory board may during that financial year incur total expenditure not exceeding the amount provided in the approved budget of the statutory board for the preceding financial year; and the budget for the preceding financial year shall have effect as the approved budget for that financial year.

(4) Any amount expended during a financial year under clause (3) (b) shall be included in any revised budget subsequently presented to the President under that clause for that financial year.

(5) Nothing in this Article shall prevent the taking of any action by the Monetary Authority of Singapore in the management of the Singapore dollar; and a certificate under the hand of the chairman of the board of directors of the Monetary Authority of Singapore shall be conclusive evidence that any action was or was not taken for such purpose.

(6) It shall be the duty of every statutory board and its chief executive officer to which this Article applies to inform the President of any proposed transaction of the statutory board which is likely to draw on the reserves accumulated by the statutory board prior to the current term of office of the Government.

(7) Where the President has been so informed under clause (6) of any such proposed transaction, the President, acting in his discretion, may disapprove the proposed transaction, except that if he does not disapprove any such proposed transaction even though he is of the opinion that the proposed transaction is likely to draw on the reserves accumulated by the statutory board prior to the current term of office of the Government, the President shall cause his decision and opinion to be published in the Gazette.

(8) Where after 30th November 1991 a statutory board is specified in Part I of the Fifth Schedule pursuant to an order made under Article 22A (4), any reference in this Article to the approved budget of a statutory board for the preceding financial year shall, in relation to the first-mentioned statutory board, be read as a reference to the budget for the financial year of the first-mentioned statutory board during which that order was made.

(9) For the purposes of this Article, a proposed transfer or transfer (whether by or under any written law or otherwise) by any statutory board to which this Article applies (referred to in this clause and clause (10) as the transferor board) of any of its reserves to —

(a) the Government;

(b) any Government company specified in Part II of the Fifth Schedule (referred to in this clause and clause (10) as the transferee company); or

(c) another such statutory board (referred to in this clause and clause (10) as the transferee board),

shall not be taken into account in determining whether the reserves accumulated by the transferor board before the current term of office of the Government are likely to be or have been drawn on if —

(i) in the case of a proposed transfer or transfer of reserves by a transferor board to the Government — the Minister responsible for finance undertakes in writing to add those reserves of the transferor board to the reserves accumulated by the Government before its current term of office;

(ii) in the case of a proposed transfer or transfer of reserves by a transferor board to a transferee company — the board of directors of the transferee company by resolution resolves that those reserves of the transferor board shall be added to the reserves accumulated by the transferee company before the current term of office of the Government; or

(iii) in the case of a proposed transfer or transfer of reserves by a transferor board to a transferee board — the transferee board by resolution resolves, or any written law provides, that those reserves of the transferor board shall be added to the reserves accumulated by the transferee board before the current term of office of the Government.

(10) Any reserves transferred by a transferor board together with or under any undertaking, resolution or written law referred to in clause (9) shall be deemed to form part of the reserves accumulated by the Government, transferee company or (as the case may be) transferee board before the current term of office of the Government as follows:

(a) where the budget of the transferor board for any financial year provides for the proposed transfer of reserves and the budget is approved by the President — at the beginning of that financial year;

(b) where a supplementary budget of the transferor board provides for the proposed transfer and the supplementary budget is approved by the President — on the date of such approval by the President; or

(c) in any other case — on the date those reserves are so transferred.

Appointment of directors of Government companies 22C. —(1) Notwithstanding the provisions of the memorandum and articles of association of the company, the appointment or removal of any person as a director or chief executive officer of any Government company to which this Article applies shall not be made unless the President, acting in his discretion, concurs with such appointment or removal.

(1A) Where the President, contrary to the recommendation of the Council of Presidential Advisers, refuses to concur with an appointment or removal of any person as a director or chief executive officer under clause (1), Parliament may, by resolution passed by not less than two-thirds of the total number of the elected Members of Parliament referred to in Article 39 (1) (a), overrule the decision of the President.

(1B) Upon the passing of a resolution under clause (1A), the President shall be deemed to have concurred with the appointment or removal of any person as a director or chief executive officer on the date of the passing of such resolution.

(2)

(a) A director of a Government company to which this Article applies shall be appointed for a term not exceeding 3 years and shall be eligible for reappointment.

(b) Any appointment or removal of any director or chief executive officer of a Government company to which this Article applies without the concurrence of the President shall be void and of no effect.

(3) This Article shall apply to the Government companies specified in Part II of the Fifth Schedule.

(4) Subject to clause (5), the President acting in accordance with the advice of the Cabinet may, by order published in the Gazette, add any other Government company to Part II of the Fifth Schedule; and no Government company shall be removed from that Part by any such order.

(5) No Government company shall by order under clause (4) be added to Part II of the Fifth Schedule unless on the date of making of such order —

(a) the value of the share holders’ funds of the company attributable to the Government’s interest in the company is worth $100 million or more; and

(b) it is not a subsidiary of any of the Government companies specified in Part II of the Fifth Schedule; and for the purposes of this paragraph, “subsidiary” shall have the same meaning as in the Companies Act (Cap. 50).

Budgets of Government companies 22D. —(1) The board of directors of every Government company to which Article 22C applies shall —

(a) before the commencement of its financial year, present to the President for his approval its budget for that financial year, together with a declaration by the chairman of the board of directors and the chief executive officer of the Government company whether the budget when implemented is likely to draw on the reserves which were not accumulated by the Government company during the current term of office of the Government;

(b) present to the President for his approval every supplementary budget for its financial year together with a declaration referred to in paragraph (a) relating to such supplementary budget; and

(c) within 6 months after the close of that financial year, present to the President —

(i) a full and particular audited profit and loss account showing the revenue collected and expenditure incurred by the Government company during that financial year, and an audited balance-sheet showing the assets and liabilities of the Government company at the end of that financial year; and

(ii) a declaration by the chairman of the board of directors and the chief executive officer of the Government company whether the audited profit and loss account and balance-sheet of the Government company show any drawing on the reserves which were not accumulated by the Government company during the current term of office of the Government.

(2) The President, acting in his discretion, may disapprove the budget or supplementary budget of any such Government company if, in his opinion, the budget is likely to draw on reserves which were not accumulated by that company during the current term of office of the Government, except that if he approves any such budget notwithstanding his opinion that the budget is likely to so draw on those reserves, the President shall cause his opinion to be published in the Gazette.

(3) Where by the first day of the financial year of such Government company the President has not approved its budget for that financial year, the Government company —

(a) shall, within 3 months of the first day of that financial year, present to the President a revised budget for that financial year together with the declaration referred to in clause (1); and

(b) may, pending the decision of the President, incur expenditure not exceeding one-quarter of the amount provided in the approved budget of the Government company for the preceding financial year,

and if the President does not approve the revised budget, the Government company may during that financial year incur a total expenditure not exceeding the amount provided in the approved budget of the Government company for the preceding financial year; and the budget for the preceding financial year shall have effect as the approved budget for that financial year.

(4) Any amount expended during a financial year under clause (3) (b) shall be included in any revised budget subsequently presented to the President under that clause for that financial year.

(5) It shall be the duty of the board of directors and the chief executive officer of every Government company referred to in this Article to inform the President of any proposed transaction of the company which is likely to draw on the reserves accumulated by the company prior to the current term of office of the Government.

(6) Where the President has been so informed under clause (5) of any such proposed transaction, the President, acting in his discretion, may disapprove the proposed transaction, except that if he does not disapprove any such proposed transaction even though he is of the opinion that the proposed transaction is likely to draw on the reserves accumulated by the Government company prior to the current term of office of the Government, the President shall cause his decision and opinion to be published in the Gazette.