Constitution of Ledgersia
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Revision as of 22:01, 4 August 2010
Final Constitution
Revised Constitution of Ledgersia
President: Clifford Barton
Vice-President: Edwin T. Roberts
Prime Minister
Minister of Citizenship and Immigration
Minister of Defense
Minister of Finance
Minister of Foreign Affairs and International Cooperation
Minister of Infrastructure
Minister of Intergovernmental Affairs
Minister of Justice and Law and Order
Minister of Natural Resources
Minister of Public Works and Government Services
Minister of Trade
Minister of Transport and Communications
Minister of Veterans Affairs
Attorney-General
Chief Government Whip
Contents |
CHAPTER I
1. (1) There shall be a President of _____.
(2) The President shall —
(a) be the Head of State and Commander-in-Chief of the Defense Forces;
(b) be a symbol of national unity, and have the responsibility to —
(i) promote and enhance the unity of the nation;
(ii) safeguard the sovereignty of the Republic; and
(c) uphold, safeguard, and respect this Constitution and ensure the protection of human rights and fundamental freedoms and the rule of law.
(3) The powers of the President shall be exercised in accordance with this Constitution and the laws.
2. (1) The President shall be elected in accordance with the provisions of this Constitution and subject thereto.
(2) Election of the President shall be —
(a) by direct, universal and equal suffrage; and
(b) conducted in accordance with principles and procedures to be determined by Act of Parliament:
Provided that no person shall be elected as President unless he received more than fifty percent of the votes cast and the necessary number of ballots shall be conducted until result is reached.
(3) An election to the office of President shall take place within ninety days —
(a) before the term of office of the President expires in terms of section six; or
(b) after the office of President becomes vacant by reason of his death or his resignation or removal from office in terms of this Constitution;
as the case may be.
(4) The procedures to be followed for the nomination of candidates for election as President, and for all matters necessary and incidental to ensure the free, fair and effective election of a President, shall be determined by Act of Parliament:
Provided that any registered political party shall be entitled to nominate a candidate, and any person supported by a minimum number of registered voters to be determined by Act of Parliament shall also be entitled to be nominated as a candidate.
(5) A person elected as President shall assume office —
(a) where he has been elected in accordance with paragraph (a) of subsection (3), on the expiry of the term of
office of the previous President;
(b) where he has been elected in accordance with paragraph (b) of subsection (3), on the day upon which he is
declared to be elected.
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; and
(e) 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) The President shall —
(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 Parliament, vacate his seat in Parliament.
(2) Nothing in subsection (1) shall be construed as requiring any person exercising the functions of the office of President pursuant to section seven 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 recognized by this Constitution.
6. (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.
7. 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.
8. 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.
9. (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.
2. The President, in his capacity as commander-in-chief of the defense forces of _____, may, subject to such conditions as may be prescribed by or under any law —
(a) mobilize and call out the defense forces or any part thereof for operational purposes or otherwise for the maintenance of law and order, the preservation of the peace, the protection of life, health or property or the provision or continuance of essential services; and
(b) confer commissioned ranks in the defense forces on any person serving or qualified to serve therein and give to such person a commission under his hand.
The President may—
(a) grant to any person convicted of any offence a pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;
(c) substitute a less severe form of punishment for any punishment imposed on any person for any offence; and
(d) remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Government on account of any offence.
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 President, in his capacity as commander-in-chief of the defense forces of _____, may, subject to such conditions as may be prescribed by or under any law —
(a) mobilize and call out the defense forces or any part thereof for operational purposes or otherwise for the maintenance of law and order, the preservation of the peace, the protection of life, health or property or the provision or continuance of essential services; and
(b) confer commissioned ranks in the defense forces on any person serving or qualified to serve therein and give to such person a commission under his hand.
13. (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.
14. 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 seventeen.
15. (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 seventeen;
(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).
16. (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 _____.
17. (1) The President shall appoint as Prime Minister a member of Parliament 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 Parliament:
Provided that, if an appointment is made while Parliament is dissolved, a person who was a member of the last Parliament may be appointed but shall not continue to hold office after the first sitting of the next Parliament unless he is a member thereof.
(2) Appointments under this section shall be made by the President by instrument under the Public Seal.
18. (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.
19. 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.
20. (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.
21. (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.
22. 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.
23. 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.
24. A member of the Cabinet shall not hold any office of profit and shall not actively engage in any commercial enterprise.
25. (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.
26. 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.
27. The President may —
(a) grant to any person convicted of any offense a pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offense;
(c) substitute a less severe form of punishment for any punishment imposed on any person for any offense; and
(d) remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Government on account of any offense.
28. (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.
29. (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 Parliament 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.
CHAPTER III
31. (1) All legislative powers of the Republic shall be vested in Parliament which shall have the powers and responsibilities set out in this Constitution.
(2) An Act of Parliament shall have primacy over other forms of law, but shall be subject to the Constitution.
(3) Any question proposed for decision by the House of Representatives or by the Senate shall be decided by a majority of the votes of the members present and voting, unless this Constitution or any other Act of Parliament otherwise provides.
32. (1) For the purposes of this Constitution, unless otherwise provided, “Parliament” consists of the House of Representatives, the Senate and the President as Head of State.
(2) Unless otherwise provided in this Constitution, an “Act of Parliament” shall be a Bill which has —
(i) been laid before and passed by a majority of the House of Representatives;
(ii) been laid before and passed by a majority of the Senate; and
(iii) been assented to by the President in accordance with this Chapter.
(3) “Chamber” means either the Chamber of the National Assembly or of the Senate.
THE HOUSE OF REPRESENTATIVES
33. 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) Parliament 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.
34. 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.
35. (1) The House of Representatives shall, before proceeding to the dispatch of any other business, elect from its members a Speaker and a Deputy-Speaker. The Speaker, or in his absence the Deputy-Speaker, shall preside over sessions of the House of Representatives. Should neither the Speaker nor the Deputy-Speaker be present at any session, the House of Representatives shall elect from amongst its members a person to act as Speaker in their absence during that session.
(2) The Speaker or the Deputy-Speaker, as the case may be, shall cease to hold office if he ceases to be a member of the House of Representatives and he may be removed from office by a vote of the House, or he may resign his office either by announcing his resignation in person to the House or by notice in writing to the Secretary to Parliament.
36. (1) The House of Representatives shall be a directly elected Chamber the primary purpose of which shall be legislative and which shall have power, subject to this Constitution, to —
(a) receive, amend, accept or reject Government Bills and Private Bills;
(b) initiate Private Member's Bills on the motion of any member and amend, accept or reject all Private Member's Bills;
(c) receive, amend, accept or reject any Bills remitted from the Senate;
(d) debate and vote motions in relation to any matter including motions to indict and convict the President by impeachment;
(e) exercise such other functions and powers as are conferred on it by this Constitution; and
(f) take all actions incidental to and necessary for the proper exercise of its functions.
(2) For the purposes of this Constitution —
(a) a Government Bill shall be a Bill promulgated by the Government and introduced to Parliament on behalf of the Government;
(b) a Private Bill shall be —
(i) promulgated by an agency that is not part of the Government; and
(ii) introduced to Parliament on behalf of that agency where that agency is mandated by an Act of Parliament so to do;
(c) a Private Member's Bill shall be —
(i) promulgated by a member of Parliament; and
(ii) introduced by that member in the Chamber of which he is a member in accordance with the procedure of that Chamber.
THE SENATE
37. (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.
The Senate shall be an indirectly elected Chamber the primary purpose of which shall be deliberative and which shall have power, subject to this Constitution, to —
(a) receive, scrutinize and amend Bills from the House of Representatives;
(b) vote motions to confirm or remit Bills passed by the House of Representatives;
(c) debate any issue on its own motion, initiate Private Member's Bills and vote motions in respect of any matter, including motions to indict or convict the President by impeachment;
(d) exercise such other functions and powers as are conferred on it by this Constitution;
(e) carry out such other functions as may be delegated to it by an Act of Parliament; and
(f) take all actions incidental to and necessary for the proper exercise of its functions.
33. (1) The quorum of each Chamber shall be formed by the presence at the beginning of any sitting of at least two-thirds of the members of that Chamber entitled to vote, not including the Speaker or a presiding member.
(2)
The legislative power of _____ shall be vested in the Legislature which shall consist of the President and Congress.
32. The Congress of _____ shall consist of a Senate and a House of Representatives.
33. Any question proposed for decision by the House of Representatives or by the Senate shall be decided by a majority of the votes of the members present and voting, unless this Constitution or any other Act of the Legislature otherwise provides.
34.
THE SENATE
33. (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.
34. The qualification of a senator shall be the same as those of a member of the House of Representatives.
35. (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.
36. (1) The Senate shall, before proceeding to the dispatch of any other business, elect from its members a Chairman and a Vice-Chairman. The Chairman, or in his absence the Vice-Chairman, shall preside over sessions of the Senate. Should neither the Chairman nor the Vice-Chairman be present at any session, the Senate shall elect from amongst its members a person to act as Chairman in their absence during that session.
(2) The Chairman or the Vice-Chairman, as the case may be, shall cease to hold office if he ceases to be a senator and he may be removed from office by a vote of the Senate, or he may resign his office either by announcing his resignation in person to the Senate or by notice in writing to the Secretary to Congress.
37. The presence of a majority of the members of the Senate shall be necessary to constitute a meeting of the Senate for the exercise of its powers and the performance of its functions.
38. All questions in the Senate shall be determined by a majority of the votes cast by members present other than the Chairman, or in his absence the Vice-Chairman or the member presiding at that session, who shall, however, have and may exercise a casting vote in the case of an equality of votes.
THE HOUSE OF REPRESENTATIVES
39. (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.
40. At any general election of members of the House of Representatives, all polls shall be take on one and the same day in all the constituencies throughout the Republic, such day to be appointed by the President.
41. 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.
42. Every House of Representatives shall continue for five years from the first meeting thereof, and no longer, but may at any time be dissolved by the President by proclamation in the Gazette.
43. (1) The House of Representatives shall, before proceeding to the dispatch of any other business, elect from its members a Speaker and a Deputy-Speaker. The Speaker, or in his absence the Deputy-Speaker, shall preside over sessions of the House of Representatives. Should neither the Speaker nor the Deputy-Speaker be present at any session, the House of Representatives shall elect from amongst its members a person to act as Speaker in their absence during that session.
(2) The Speaker or the Deputy-Speaker, as the case may be, shall cease to hold office if he ceases to be a member of the House of Representatives and he may be removed from office by a vote of the House, or he may resign his office either by announcing his resignation in person to the House or by notice in writing to the Secretary to Congress.
44. The presence of a majority of the members of the House of Representatives shall be necessary to constitute a meeting of the House for the exercise of its powers and the performance of its functions.
45. All questions in the House of Representatives shall be determined by a majority of the votes cast by members present other than the Speaker, or in his absence the Deputy-Speaker or the member presiding at that session, who shall, however, have and may exercise a casting vote in the case of an equality of votes.
SENATE AND HOUSE OF REPRESENTATIVES
Section. (1) There shall be charged upon and paid out of the Consolidated Revenue Fund
39. (1) Every Parliament shall continue for five years from the day on which its first session commences.
(2) The President —
(a) may dissolve Parliament by proclamation in the Gazette at any time; and
(b) shall so dissolve Parliament, unless he resigns from office, if each House, during one and the same ordinary session of Parliament —
(i) passes a motion of no confidence in the Cabinet within any period of 14 days; or
(ii) rejects any bill which appropriates revenue or moneys for the ordinary annual requirements or services of the departments of State controlled by members of the Cabinet.
(3) Subject to the provisions of subsection (2) —
(a) the President may dissolve any House by proclamation in the Gazette if —
(i) such House passes a motion of no confidence in the Cabinet; or
(ii) such House rejects any bill referred to in subsection (2) (b) (ii); or
(iii) any circumstance contemplated in section 37 (2) applies to such House; or
(iv) the Ministers' Council in question requests him to do so;
(b) the President shall so dissolve any House or reconstitute the Ministers' Council in question if —
(i) such House passes a motion of no confidence in the Ministers' Council in question; or
(ii) such House rejects any bill referred to in section 31 which appropriates revenue or moneys for the ordinary annual requirements or services of the departments of State controlled by members of the Ministers' Council in question.
40. Notwithstanding the dissolution of any House in terms of this Act, whether by a dissolution of Parliament or otherwise and whether by effluxion of time or otherwise —
(a) every person who at the date of the dissolution is a member of such House shall remain a member thereof;
(b) such House shall remain competent to perform its functions; and
(c) the President shall have power to summon Parliament or the House in question 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.
(1) There shall be a Leader of the Opposition, who shall be elected by the largest parliamentary party or coalition of parliamentary parties in Parliament not forming the Government.
(2) In relation to the conduct of business in Parliament, the Leader of the Opposition shall —
(a) rank in precedence immediately following the President, the Deputy President, the Prime Minister and the Speaker;
(b) have the right of participation at all official state functions; and
(c) have the right of second reply, after the Prime Minister, to an address to Parliament by the President.
(3) The Standing Orders of Parliament shall provide for the effective participation in Parliament of the Leader of the Opposition.
102.
A quorum of Parliament, apart from the person presiding, shall be one-third of all the members of Parliament.
103.
(1) Parliament shall appoint standing committees and other committees as may be necessary for the effective discharge of its functions.
(2) The standing committees shall be appointed at the first meeting of Parliament after the election of the Speaker and the Deputy Speakers.
(3) Committees of Parliament shall be charged with such functions, including the investigation and inquiry into the activities and administration of ministries and departments as parliament may determine; and such investigation and inquiries may extend to proposals for legislation.
(4) Every member of Parliament shall be a member of at least one of the standing committees.
(5) The composition of the committees shall, as much as possible, reflect the different shades of opinion in Parliament.
(6) A committee appointed under this article shall have the powers, rights and privileges of the High Court or a Justice of the High Court at a trial for -
(a) enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;
(b) compelling the production of documents; and
(c) issuing a commission or request to examine witnesses abroad.
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Section. (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 the Chairman of the Senate or the Speaker immediately before a dissolution of Congress
