Constitution of Ledgersia
From Roach Busters
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Revision as of 08:31, 6 June 2010
Contents |
CHAPTER I
1. There shall be a President of _____ who shall be the Head of State and shall represent the unity of the Republic.
2. (1) The President shall be elected by an electoral college consisting of —
(a) the members of the Senate and the House of Representatives; and
(b) the members of the Provincial Councils,
at a meeting to be called in accordance with the provisions of this section and presided over by the Chief Justice of _____ 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 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 thirty days and not more than sixty days 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 before the expiration of his period of office a date within thirty days after the office became vacant shall be so fixed.
3. A person shall be qualified for election to the office of the President if —
(a) he is a citizen of _____ by birth;
(b) he is at least thirty-five years of age;
(c) he is qualified to be registered as a voter for the election of members of the House of Representatives;
(d) he is not subject to any of the disqualifications specified in section four;
(e) he is not a member of any political party on the date of his nomination for election; and
(f) he has resided for five years within the limits of the Republic.
4. (1) A person shall not be qualified for election to the office of President if —
(a) he has voluntarily acquired the citizenship of a country other than _____ or he has made a declaration of allegiance to such other country; or
(b) he has been elected to such office at any two previous elections; or
(c) under the law in any part of _____, he is adjudged to be a lunatic or otherwise declared to be of unsound mind; or
(d) he is under a sentence of death imposed by any competent court of law or tribunal in _____ or a sentence of imprisonment or fine for any offense involving dishonesty or fraud (by whatever name called) or for any other offense, imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal; or
(e) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in _____ or any other country; or
(f) being a person employed in the civil or public service of the Republic or of any province, he has not resigned, withdrawn or retired from the employment at least thirty days before the date of the election.
(2) Where in respect of any person who has been —
(a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced to death or imprisonment; or
(d) adjudged or declared bankrupt,
any appeal against the decision is pending in any court of law in accordance with any law in force in _____, sub-section (1) of this section shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier.
5. (1) Every candidate for election, not a former or retiring President, must be nominated either by:
(a) not less than twenty persons, each of whom is at the time a member of one of the houses of Congress;
(b) by the Councils of not less than four provinces as defined by law.
(2) No person and no such Council shall be entitled to subscribe to the nomination of more than one candidate in respect of the same election.
(3) Former or retiring Presidents may become candidates on their own nomination.
(4) The names of the persons duly nominated as provided in sub-section (1) shall be announced at the meeting at which the elections is to take place by the person presiding thereat, and no debate shall be allowed at the election.
(5) 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.
(6) Where more that 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 favour a majority of all the votes cast is recorded, shall be declared duly elected by the person presiding at the meeting.
(7) (a) If no candidate obtains 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 procedure 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 these candidates shall for the purpose of paragraph (a) be eliminated.
(8) (a) Whenever —
(i) 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.
(9) (a) The Speaker of the House of Representatives 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 of the House of Representatives may consider necessary.
6. (1) The President shall —
(a) (a) not hold any other office created or recognized by this Constitution;
(b) not actively engage in any commercial enterprise; and
(c) not be a member of any political party; and
(d) if he is a member of Congress, vacate his seat in Congress.
(2) Nothing in sub-section (1) shall be construed as requiring any person exercising the functions of the office of President pursuant to section eight to —
(a) if he is a member of any political party, resign as a member of that party; or
(b) vacate his seat in Congress or any other office created or recognized by this Constitution.
7. (1) (a) The President shall hold office for a period of five years from the date upon which he takes the oath prescribed in section nine, and shall, on the termination of his period of office, be eligible for re-election:
Provided that a President who has held office for two terms shall not be eligible for re-election for a third term of office.
(b) The President may resign his office by lodging his resignation in writing with the Prime Minister.
(c) The President 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 (c) 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 of the House of Representatives a petition signed by not less than thirty 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 shall not be absent from the Republic except with the prior consent of the Cabinet.
8. Whenever the office of President is vacant or the President is for any reason unable to perform the duties of his office, the President of the Senate shall serve as Acting President, and, if the office of President of the Senate is vacant or the holder of that office is unable to act, the Speaker of the House of Representatives or, if his office is vacant or he is unable to act, a person appointed by the Cabinet shall serve as Acting President.
9. The President and any Acting President shall before assuming office make and subscribe an oath of office in the following form before the Chief Justice of _____ or a Judge of the Supreme Court of _____:
In the presence of Almighty God I do solemnly and sincerely promise and declare that I will maintain the Constitution of _____ and uphold its laws, that I will fulfil my duties faithfully and conscientiously in accordance with the Constitution and the law, and that I will dedicate my abilities to the service and welfare of the people of _____. May God direct and sustain me.
10. (1) The President shall have an official residence in or near the City of _____.
(2) The President shall receive such emoluments and allowances as may be determined by law.
(3) The emoluments and allowances of the President shall not be diminished during his term of office.
CHAPTER II
11. The executive government of the Republic in regard to any aspect of its internal or external affairs is vested in the President and shall be exercised by him, either directly or through officers subordinate to him, in accordance with the Constitution.
12. The supreme command of the Defense Forces is hereby vested in the President.
13. (1) The exercise of the supreme command of the Defense Forces shall be regulated by law.
(2) All commissioned officers of the Defense Forces shall hold their commissions from the President.
14. (1) The President shall in addition to the other provisions of this Constitution, further have power —
(a) to appoint and to accredit, to receive and to recognize, ambassadors, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers;
(b) to enter into and to ratify international conventions, treaties and agreements;
(c) to proclaim and to terminate martial law;
(d) to declare war and to make peace; and
(e) to confer honors and precedence.
(2) Subject to the provisions of this Constitution and other law by which powers or duties are conferred or imposed, the President shall do and exercise all things that belong to his office according to such constitutional conventions and practices as were applicable in _____ immediately before the appointed day.
15. There shall be in and for _____ a Cabinet, which shall consist of the Prime Minister and such other Ministers as may be appointed in accordance with section _____.
16. (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:
Provided that the President may require the Cabinet or as the case may be, the Prime Minister to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.
(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 section eighteen;
(b) the withholding of consent to a request for a dissolution of Parliament;
(c) the withholding of assent to any Bill other than a Money Bill;
(d) any other function the performance of which the President is authorized by this Constitution to act in his discretion.
(3) 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.
(4) 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 sub-section (1).
17. (1) There shall be a Public Seal of _____, showing the coat of arms of the Republic with the circumscription “Republic of _____”.
(2) The Public Seal shall be kept by the President and used for sealing all things whatsoever that shall pass the Public Seal of _____.
18. (1) The President shall appoint as Prime Minister a member of Congress who in his judgment is likely to command the confidence of the majority of the members of the House of Representatives, and shall, acting in accordance with the advice of the Prime Minister, appoint other Ministers from among the members of Congress: Provided that, if an appointment is made while Congress is dissolved, a person who was a member of the last Congress may be appointed but shall not continue to hold office after the first sitting of the next Congress unless he is a member thereof.
(2) Appointments under this section shall be made by the President by instrument under the Public Seal.
19. (1) The President shall, by writing under the public seal, declare the office of Prime Minister vacant —
(a) if the Prime Minister resigns his office by writing under his hand addressed to the President; or
(b) if the President, acting in his discretion, is satisfied that the Prime Minister has ceased to command the confidence of a majority of the members of the House of Representatives:
Provided that, before declaring the office of Prime Minister vacant under this paragraph, the President shall inform the Prime Minister that he is satisfied as aforesaid, and, if the Prime Minister so requests, the President may dissolve the House of Representatives instead of making such a declaration.
(2) A Minister, other than the Prime Minister, shall vacate his office —
(a) if his appointment to that office is revoked by the President, acting in accordance with the advice of the Prime Minister, by instrument under the Public Seal; or
(b) if he resigns his office by writing under his hand addressed to the President.
(3) A person who has vacated his office as Minister may, if qualified, be again appointed as Minister from time to time.
(4)(a) Whenever the Prime Minister is ill or absent from _____ or has been granted leave of absence from his duties under section _____, the functions conferred on him by this Constitution shall be exercisable by any other Minister authorized by the President, by instrument under the Public Seal, in that behalf.
(b) The President may, by instrument under the Public Seal, revoke any authority given under this clause.
(c) The powers conferred upon the President by this clause shall be exercised by him acting in his discretion, if in his opinion it is impracticable to obtain the advice of the Prime Minister owing to the Prime Minister's illness or absence, and in any other case shall be exercised by the President in accordance with the advice of the Prime Minister.
20. The Prime Minister and every other Minister 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.
21. (1) The Cabinet shall not be summoned except by the authority of the Prime Minister.
(2) The Prime Minister shall, so far as is practicable, attend and preside at meetings of the Cabinet and, in his absence, such other Minister shall preside as the Prime Minister shall appoint.
22. (1) The Prime Minister may, by directions in writing —
(a) charge any Minister with responsibility for any department or subject; and
(b) revoke or vary any directions given under this clause.
(2) The Prime Minister may retain in his charge any department or subject.
23. It shall be the duty of the Prime Minister —
(a) to communicate to the President all decisions of the Cabinet relating to the administration of the affairs of the Republic and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the Republic and proposals for legislation as the President may call for; and
(c) if the President so requires, to submit for the consideration of the Cabinet any matter on which a decision has been taken by the Prime Minister or a Minister but which has not been considered by the Cabinet.
24. The President, acting in accordance with the advice of the Prime Minister, may grant leave of absence from his duties to the Prime Minister and to any other Minister.
25. A member of the Cabinet shall not hold any office of profit and shall not actively engage in any commercial enterprise.
26. (1) The President, acting in accordance with the advice of the Prime Minister, may appoint a public officer to be the Secretary to the Cabinet.
(2) The Secretary to the Cabinet shall be responsible, in accordance with such instructions as may be given to him by the Prime Minister, for arranging the business for, and keeping the minutes of, the meetings of the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority and shall have such other functions as the Prime Minister may from time to time direct.
27. The President, acting on the advice of the Prime Minister, may constitute such offices for _____ as may be lawfully 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.
28. The President shall have power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.
29. (1) If, at any time, the President, in his discretion, or on the advice of the Prime Minister, considers that it is desirable that any matter of national importance should be referred to a referendum, the President may cause the matter to be referred to a referendum in the form of a question that is capable of being answered either by “Yes” or “No”.
(2) An act of the Legislature may lay down the procedure for the holding of a referendum and the compiling and consolidation of the result of a referendum.
30.
CHAPTER III
THE LEGISLATURE
11. The legislative power of _____ shall be vested in the Legislature which shall consist of the President and Congress.
12. The Congress of _____ shall consist of a Senate and a House of Representatives.
THE SENATE
13. The Senate
