Constitution of Ledgersia

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Contents

CHAPTER I

HEAD OF STATE

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

PART I
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.

PART II
THE SENATE

13. The Senate







CHAPTER III

EXECUTIVE GOVERNMENT

11. (1) The executive government of the Republic in regard to any aspect of its internal or external affairs is vested in the President, acting on the advice of the Cabinet.

(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 Cabinet.

12. The Cabinet shall consist of the Prime Minister and such other Ministers as may be appointed in accordance with section _____.

13. (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 _____.

14. (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 thirteen.

15. (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.

16. (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 —

(i) 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;
(ii) the President may in his absolute discretion refuse to dissolve the House of Representatives on the advice of a Prime Minister who has ceased to retain the support of a majority in the House of Representatives.

(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.

17. 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.

18. (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.

19. (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.

20. 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.

21. A member of the Cabinet shall not hold any office of profit and shall not actively engage in any commercial enterprise.

22. (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.


2. The supreme command of the Defence Forces is hereby vested in the President.

3. (1) The exercise of the supreme command of the Defence Forces shall be regulated by law.

(2) All commissioned officers of the Defence Forces shall hold their commissions from the President.










Part I - The President and the Vice-President of the Republic

1. The President of the Republic shall be the head of state, the representative of Ledgersia in both domestic affairs and international relations, and Commander-in-Chief of the Armed Forces. He shall be directly elected by the people of Ledgersia as hereinafter provided, and he shall be assisted by a Vice-President of the Republic who shall likewise be directly elected with, and in the same manner as, the President of the Republic.

2. (1) A person shall not be qualified for election to the office of the President of the Republic unless he is a citizen of Ledgersia by birth, has attained forty years of age, is a member of a political party and is sponsored by that political party, is registered as a voter or is qualified to be registered as such, and has resided for at least fifteen years within the limits of Ledgersia.

(2) A person shall not be qualified for election to the office of the Vice-President of the Republic unless he meets the qualifications mentioned in the previous subsection.

(3) 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 or Vice-President of the Republic, shall vacate such office with effect from the date on which he is elected.

3. (1) The election of the President and Vice-President of the Republic shall be held ninety days before the end of the administration of the President of the Republic then holding office.

(2) The election of the President of the Republic shall imply the election of the Vice-President registered with him.

(3) The candidate who obtains an absolute majority of the votes validly cast shall be deemed to be elected President of the Republic. Blank and null and void votes shall be considered as if they had not been cast.

(4) Should there be more than two candidates in the presidential election, none of them obtaining more than half of the votes validly cast, a new election shall be held within twenty days from the announcement of the results. This election shall be limited to the two candidates with the highest relative majorities.

(5) Should one of the candidates, before the second round of voting is held, die, withdraw, or become legally impaired, the candidate with the highest number of votes among the remaining candidates shall be deemed to be elected President.

(6) If, in the event of the preceding subsections, more than one candidate with an equal number of votes remains in second place, the eldest one shall qualify.

4. (1) The President and the Vice-President of the Republic shall, before taking office, take an oath before the Chief Justice of the Supreme Court in the following form:

"I, A.B., do hereby swear (or affirm) to faithfully perform my duties as President (or Vice-President) of the Republic, to preserve the independence of the nation, to maintain, defend, and uphold the Constitution and all other laws of the Republic, and to consecrate myself to the service of the people. So help me God."

(In case of affirmation, the last sentence may be omitted.)

(2) The President and the Vice-President of the Republic shall take office immediately after taking the oath as prescribed in the previous subsection.

5. In the event that, after ten days from the date scheduled for the inauguration, the President or the Vice-President of the Republic, except by reason of force majeure has not taken office, the office shall be declared vacant.

6. (1) The Vice-President of the Republic shall replace the President of the Republic in the event of impediment and shall succeed him in the event of vacancy.

(2) In addition to other duties attributed to him by a supplementary law, the Vice-President of the Republic shall assist the President of the Republic whenever summoned by him for special missions.

7. In the event of impediment of the President and the Vice-President of the Republic or of vacancy of the respective offices, the functions and duties of the President of the Republic shall be assumed and performed by the Speaker of the House of Representatives or, if the office of Speaker is absent or the holder of that office is unable to act, the President of the Senate or, if his office is vacant or he is unable to act, the Chief Justice of the Supreme Court.

8. (1) In the event of vacancy of the offices of President and Vice-President of the Republic, elections shall be held ninety days after the occurrence of the last vacancy.

(2) If the vacancy occurs during the last two years of the President of the Republic's term of office, the elections for both offices shall be held thirty days after the last vacancy as established bv law.

(3) In any of the cases, those elected shall complete the term of office of their predecessors.

9. (1) The President and Vice-President of the Republic shall hold office for a term of six years. The President of the Republic may not be re-elected for the consecutive period, and re-election shall be permitted only once.

(2) The term of office of the President and Vice-President of the Republic shall commence on January 1 of the year following the year of their election.

(3) The President and Vice-President of the Republic shall leave office on the same day on which their term of office is completed and shall be succeeded by the newly-elected President and Vice-President of the Republic.

10. (1) The President and Vice-President of the Republic shall not be absent from Ledgersia for a period of more than fifteen days except with the prior consent of the Senate.

(2) Failure to comply with the provisions of the previous subsection shall automatically entail loss of office.

11. (1) The President of the Republic shall, subject to the provisions of this Constitution, have power-
(a) to appoint the Prime Minister and, on the advice of the latter, the Cabinet;
(b) to appoint and to accredit, to receive and to recognize ambassadors, plenipotentiaries, diplomatic representatives, and other diplomatic officers, consuls, and consular officers;
(c) to appoint the justices of the Supreme Court;
(d) to appoint the commanders of the Armed Forces;
(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) with due regard to the provisions of this Constitution to dissolve the House of Representatives;
(g) to enter into and ratify international conventions, treaties, and agreements, subject to the provisions of subsection (3);
(h) to declare and to terminate martial law or a state of emergency;
(i) to declare war and to make peace, subject to the provisions of subsection (4);
(j) to confer honors, military and diplomatic ranks, and other awards established by law;
(k) to pardon or reprieve offenders, either unconditionally or subject to such conditions as he may deem fit, and to remit any fines, penalties, or forfeitures;
(l) to appoint and remove all officers of the public service of Ledgersia, unless the appointment is delegated by the Constitution or by a law of Parliament to some other authority;
(m) to perform such other functions and exercise such other duties as authorized by the Constitution.

(2) All appointments made by the President of the Republic in terms of paragraphs (b), (c), (d), and (k) of the previous subsection shall require the prior consent of the Senate.

(3) No international convention, treaty, and agreement ratified by the President of the Republic in terms of paragraph (g) of subsection (1) shall be valid and effective without the concurrence of at least two-thirds of the members of the Senate.

(4) The President of the Republic may not declare war or make peace without the prior authorization of Parliament. No such authorization shall be valid without the concurrence of at least two-thirds of the members of both Houses. No deployment of any military forces in the service of the Republic shall be deployed outside the national territory of Ledgersia or of any territory under Ledgersian jurisdiction shall be permitted in the absence of a formal declaration of war.

(5) (i) The will and pleasure of the President of the Republic shall be expressed in writing under his signature, and every instrument signed by him shall be countersigned by the Prime Minister or a Minister designated by the Prime Minister on his behalf.
(ii) The absence of a countersignature as provided in proviso (i) of this subsection shall render any instrument signed by the President of the Republic legally invalid.
(iii) Laws promulgated by the President of the Republic in terms of subsection (1) of section sixty-nine shall not require a countersignature.

(6) The President of the Republic may not grant a pardon or reprieve in terms of paragraph (k) of subsection (1) in cases of impeachment.

12. (1) The President or Vice-President of the Republic, as the case may be, shall answer before Parliament for crimes committed in the performance of his functions.

(2) If charges against the President or Vice-President of the Republic, as the case may be, are accepted by at least two-thirds of the members of the House of Representatives, he shall be submitted to trial before the Senate.

(3) The President or Vice-President of the Republic, as the case may be, shall not be convicted without the concurrence of at least two-thirds of the members of the Senate.

(4) Conviction shall cause removal from office and disqualification from re-election.

(5) For crimes that are not committed in the performance of his functions, the President or Vice-President of the Republic, as the case may be, shall answer before the common courts, once his term of office has ended.

13. (1) The President of the Republic may resign his office by lodging his resignation in writing to the Chief Justice of the Supreme Court, who shall forthwith advise the Prime Minister of such resignation.

(2) The Vice-President of the Republic may resign his office by lodging his resignation in writing to the President of the Republic.

14. (1) The President and Vice-President of the Republic shall receive such salaries and allowances as shall be prescribed by a law of Parliament.

(2) The salaries of the President and Vice-President of the Republic shall not be increased or decreased during their term of office.

Part II - The Presidential Council

15. The Presidential Council shall be the political body that advises the President of the Republic.

16. The Presidential Council shall be chaired by the President of the Republic and shall also be composed of the following members-
(a) the Vice-President of the Republic;
(b) the Prime Minister;
(c) the Speaker of the House of Representatives;
(d) the President of the Senate;
(e) the Chief Justice of the Supreme Court;
(f) the Governors of the States;
(g) five persons, not holding any public office, who shall be appointed by the House of Representatives;
(h) five persons, not holding any public office, who shall be appointed by the Senate;
(i) five persons, not holding any public office, who shall be appointed by the Supreme Court.

17. (1) The members of the Presidential Council shall be installed by the President of the Republic.

(2) Those members of the Presidential Council who are provided for in paragraphs (a), (b), (c), (d), (e), and (f) of section sixteen shall continue to be members for as long as they remain in the respective offices.

(3) Those members of the Presidential Council who are provided for in paragraphs (g), (h), and (i) of section sixteen shall continue to be members for three years from the date of their appointment, and they shall not, on expiration of their term of office, be eligible for re-appointment.

18. (1) The Presidential Council shall be responsible for drawing up its own rules of procedure.

(2) Meetings of the Presidential Council shall not be public.

19. The Presidential Council shall be responsible for-
(a) expressing its opinion on dissolutions of the House of Representatives;
(b) expressing its opinion on prorogations of Parliament;
(c) expressing its opinion on declarations of martial law or states of emergency and the termination of the same;
(d) expressing its opinion on declarations of war and the making of peace;
(e) expressing its opinion on other cases in general and when asked to do so by the President of the Republic, advising him in the exercise of his office.

20. The Presidential Council shall issue the opinions provided for in section nineteen at a meeting which the President of the Republic shall call for that purpose, and such opinions shall be made public at the time of the act to which they refer.

Chapter II - The Executive Government

21. The executive government of Ledgersia in regard to any aspect of its domestic or foreign affairs shall be exercised by the Cabinet.

22. The Cabinet shall consist of the Prime Minister and the Ministers appointed under section twenty-three for the time being holding office.

23. (1) The President of the Republic shall appoint the person who, in his opinion, is best able to command the support of a majority of the House of Representatives, to be the Prime Minister.

(2) The President of the Republic, acting on the advice of the Prime Minister, shall appoint as Ministers such persons, not exceeding four in number, to administer such departments of state as the Prime Minister may determine.

24. (1) No person may be appointed Prime Minister unless he is at the time of his appointment a member of the House of Representatives or the Senate.

(2) No person may be appointed as a Minister unless he is at the time of his appointment a member of the House of Representatives or the Senate.

(3) The Prime Minister or a Minister shall cease to hold office if he ceases to be a member of the House of Representatives or the Senate, as the case may be, or if he becomes subject to any disabilities or disqualifications that would require him to vacate his seat as a a member of the House of Representatives or of the Senate.

25. Ministers shall hold office during the pleasure of the Prime Minister and may be removed from office by the President of the Republic on the proposal of the Prime Minister.

26. (1) The Prime Minister may resign his office by lodging his resignation in writing with the President of the Republic.

(2) A Minister may resign his office by notice in writing to the Prime Minister.

(3) The Prime Minister or a Minister may resign his office without vacating his seat in the House of Representatives or the Senate, as the case may be.

27. (1) The Prime Minister shall determine the general policy of the government and set the guidelines of national policy. He shall ensure unity in political and administrative policies and promote and coordinate the activity of the Cabinet.

(2) Within the limits of the general policy determined by the Prime Minister, each Minister shall conduct the business of his department autonomously and on his own responsibility.

28. Each member of the Cabinet shall before assuming his duties as a member thereof make and subscribe an oath before the President of the Republic in the following form:

"I, A.B., do hereby swear (or affirm) to be faithful to the Republic of Ledgersia and to hold my office as a member of the Cabinet with honor and dignity; to respect and uphold the Constitution and all other laws of the Republic; to be a true and faithful counsellor; and to perform the duties of my office conscientiously and to the best of my ability. So help me God."

(In case of affirmation, the last sentence may be omitted.)

29. (1) The Prime Minister shall be responsible to the President of the Republic and, within the ambit of the political responsibility of the Cabinet, to the House of Representatives.

(2) Members of the Cabinet shall be responsible to the Prime Minister and, within the ambit of the political responsibility of the Cabinet, to the House of Representatives.

30. (1) Within at most ten days of its appointment, the Cabinet shall be obliged to request a vote of confidence by the House of Representatives.

(2) In the event that the House of Representatives is not in full session, the Speaker shall obligatorily call it for this purpose.

(3) The House of Representatives may decide to withdraw its confidence from the Cabinet or from a Minister. A motion of censure may not be submitted before the lapse of six months from the rejection by the House of Representatives of such a motion. A motion of censure must be signed by at least one quarter of the number of all the members of the House of Representatives in full exercise of their office and must explicitly state the subjects on which the debate is to be held.

(4) A motion of censure may, exceptionally, be submitted before the lapse of six months, if it is signed by the majority of the total number of members of the House of Representatives in full exercise of their office.

(5) The debate on a motion of confidence or censure shall commence two days after the motion is submitted, unless, in the case of a motion of censure, the Prime Minister requests its immediate commencement; in all cases the debate may not be prolonged for more than three days from its commencement.

(6) The vote on a motion of confidence or censure shall be held immediately after the termination of the debate; it may, however, be postponed for forty-eight hours if the Prime Minister so requests.

(7) A motion of confidence or censure shall be adopted only if it is approved by an absolute majority of the total number of members of the House of Representatives in full exercise of their office.

31. The Cabinet shall resign upon-
(a) the beginning of a new legislature;
(b) acceptance by the President of the Republic of the resignation of the Prime Minister;
(c) the death or lasting physical or mental incapacitation of the Prime Minister;
(d) rejection, by either the House of Representatives or the Senate, of any bill which appropriates revenue or moneys for the ordinary annual requirements or services of the government;
(e) the failure of any confidence motion;
(f) the passage of a motion of censure by an absolute majority of all the members of the House of Representatives in full exercise of their office.

32. (1) No member of the Cabinet shall be detained, arrested, or imprisoned without the authorization of at least two-thirds of the total number of members of the house of Parliament of which that person is a member, save for a serious crime punishable by imprisonment for a maximum term of more than three years and in flagrante delicto.

(2) In the event that criminal proceedings are brought against the Prime Minister or any Minister and he is definitively charged, the house of Parliament of which that person is a member shall decide whether or not that person shall be suspended so that the proceedings can take their course. In the case of a crime of the type referred to in the previous subsection, the House of Representatives or the Senate, as the case may be, shall obligatorily suspend him.

33. (1) The Prime Minister and the members of the Cabinet shall receive such salaries and allowances as shall be prescribed by a law of Parliament.

(2) The salaries of the Prime Minister and of the members of the Cabinet shall not be increased or decreased during their term of office.

Chapter 3 - Parliament

Part I - Composition and Staff of Parliament

34. The legislative power of Ledgersia shall be vested in Parliament, which shall consist of the Senate and the House of Representatives.

35. (1) There shall be:
(a) a President and a Deputy President of the Senate, who shall be elected by the members of that House from among themselves; and
(b) a Speaker and a Deputy Speaker of the House of Representatives, who shall be elected by the members of that House from among themselves.

(2) The President or Deputy President of the Senate or the Speaker or Deputy Speaker of the House of Representatives shall vacate his office-
(a) if he ceases to be a member of the Senate or of the House of Representatives, as the case may be, otherwise than by reason of a dissolution of the Senate or the House of Representatives; or
(b) when the House of which he was a member first sits after any dissolution of that House; or
(c) if he is removed from office by a resolution of the Senate or of the House of Representatives, as the case may be, by the votes of not less than two-thirds majority of the members of that House; or
(d) if he becomes a member of the Cabinet.

36. (1) There shall be a Secretary to Parliament appointed by the Speaker after consulting the President of the Senate and subject to the approval of the House of Representatives.

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

(3) The salary of the Secretary to Parliament shall not be increased or decreased 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 President of the Senate, appoint such number of other staff of Parliament as the Speaker may from time to time consider necessary.

(5) The staff of Parliament 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 Ledgersia.

Part II - The Senate

37. (1) The Senate shall be composed of:
(a) ten Senators from each State, appointed by the legislature thereof, at the regular session next immediately preceding the commencement of the term of service;
(b) former Presidents of the Republic who have served for six consecutive years in that capacity, except for the occurrence of the situations described in section twelve;
(c) the candidate who received the second largest number of votes in the most recent presidential election.

(2) The Senators referred to in paragraph (a) of subsection (1) shall remain in office for a period of eight years and they shall be replaced alternately every four years. Those representing odd-numbered States shall be replaced in one period, and those representing even-numbered States shall be replaced in the following period.

(3) The Senators referred to in paragraph (b) of subsection (1) shall hold their positions in their own right for life, without prejudice that incompatibilities, incapacities, and grounds for removal described in section fifty-six may be applied. They shall not, however, be eligible for appointment to the Cabinet.

(4) The Senator referred to in paragraph (c) of subsection (1) shall remain in office for a period of eight years.

38. If the seat of a Senator referred to in paragraph (a) of subsection (1) of section thirty-seven becomes vacant from whatever cause, the State legislature which appointed him shall, as soon as is practicable, appoint a person to hold the seat until the completion of the period for which the person in whose stead he is appointed would have held the seat.

39. No person shall be qualified to be appointed as a Senator in terms of paragraph (a) of subsection (1) of section thirty-seven unless he is a citizen of Ledgersia by birth, has attained thirty years of age, is registered as a voter or is qualified to be registered as such, and has resided for at least five years within the limits of the State by which he shall be appointed.

40. All questions in the Senate shall be determined by a majority of votes of members present; but the President of the Senate or the presiding member, as the case may be, shall not be entitled to vote. In the case of an equality of votes, the question shall pass in the negative.

Part III - The House of Representatives

41. The House of Representatives shall be composed of one hundred and seventy-five members directly chosen by the voters of Ledgersia as hereinafter provided.

42. (1) Members shall be elected for plurinominal constituencies that shall be geographically defined by law; but no constituency shall form part of more than one State. The law shall lay down the nature and complementarity of the constituencies 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 highest average method.

(2) The number of members for each constituency shall be proportional to the number of citizens registered to vote therein.

(3) Nominations shall be submitted by political parties as laid down by law. Parties may submit such nominations individually or in coalition and their lists of candidates may include citizens who are not registered members of any of the parties in question.

(4) No one shall be a candidate for more than one constituency. No one may appear on more than one list.

(5) The law shall not limit the conversion of votes into seats by requiring a minimum national percentage of votes cast.

43. (1) Every House of Representatives shall continue for five years from the first meeting thereof and no longer, but may be sooner dissolved by the President.

(2) 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 the House of Representatives as the President may in that proclamation fix.

(3) 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 Ledgersia.

(4) The registration of voters and the conduct of elections of members of the House of Representatives shall be subject to the direction and supervision of the Federal Electoral Commission.

44. No person shall be qualified to be elected as a member of the House of Representatives unless he is a citizen of Ledgersia by birth, has attained twenty-five years of age, is registered as a voter or is qualified to be registered as such, and has resided for at least five years within the limits of the constituency by which he shall be elected.

45. Electoral law shall regulate the filling of vacancies that arise in the House of Representatives and, in cases in which there are important grounds for doing so, the temporary substitution of members.

46. All questions in the House of Representatives shall be determined by a majority of votes of members present other than the Speaker or the presiding member, who shall, however, have and exercise a casting vote in the case of an equality of votes.

Part IV - Both Houses of Parliament

52. Every member of the Senate or the House of Representatives shall, before taking his seat, take and subscribe an oath in the following form:

"I, A.B., do hereby swear (or affirm) to be faithful to the Republic of Ledgersia, to hold my office with honor and dignity, to respect and uphold the Constitution and all other laws of the Republic, to consecrate myself to the service of the nation, and to perform the duties of my office conscientiously and to the best of my ability. So help me God."

(In case of affirmation, the last sentence may be omitted.)

53. 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 of the Republic shall have power to summon Parliament 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.

54. (1) At any sitting of Parliament-
(a) in the case of the Senate, the President of the Senate shall preside, and in his absence the Deputy President shall preside; and
(b) in the case of the House of Representatives, the Speaker of that House shall preside, and in his absence the Deputy Speaker shall preside.

(2) At any joint sitting of the Senate and House of Representatives-
(a) the President of Senate shall preside, and in his absence the Speaker of the House of Representatives shall preside; and
(b) in the absence of the persons mentioned in paragraph (a) of this subsection, the Deputy President of the Senate shall preside, and in his absence the Deputy Speaker of the House of Representatives shall preside.

(3) In the absence of the persons mentioned in the foregoing provisions of this section, such member of the Senate or the House of Representatives or of the joint sitting, as the case may be, as the Senate or the House of Representatives or the joint sitting may elect for that purpose shall preside.

55. (1) The quorum of the Senate or of the House of Representatives shall be one-third of all the members of the House concerned.

(2) The quorum of a joint sitting of both the Senate or of the House of Representatives shall be one-third of all the members of both Houses.

56. (1) The Senate or the House of Representatives may appoint a committee of its members for such special or general purpose as in its opinion would be better regulated and managed by means of such a committee, and may by resolution, regulation or otherwise, as it thinks fit, delegate any functions exercisable by it to any such committee.

(2) The number of members of a committee appointed under this section, their terms of office and quorum shall be fixed by the House appointing it.

(3) Nothing in this section shall be construed as authorizing such House to delegate to a committee the power to decide whether a bill shall be passed into law or to determine any matter which it is empowered to determine by resolution under the provisions of this Constitution, but the committee may be authorized to make recommendations to the House on any such matter.

57. (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 appointed 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.

(3) The Prime Minister and the other members of the Cabinet shall have the right to sit and speak both in the Senate and in the House of Representatives but shall the right to vote only in the House of Representatives.

58. No person shall be capable of being elected or appointed 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 Ledgersia 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 Ledgersia; or
(d) is a member of the public service of Ledgersia or the public service of a State, a member of the armed forces, or the holder of any other office or emolument under Ledgersia; or
(e) is under a sentence of imprisonment exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court.

59. (1) The seat of a member of the Senate or the House of Representatives shall become vacant-
(a) if he resigns his seat by notice in writing to the President 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 President of the Senate or the Speaker, to the Secretary to Parliament; or
(b) 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
(c) if he accepts any public office; or
(d) if he ceases to be qualified for appointment to the Senate or election to the House of Representatives, as the case may be; or
(e) if he becomes subject to any of the disabilities mentioned in the previous section.

(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 appointment or election, as the case may be, if it is alleged that illegal or corrupt practices took place at such appointment or 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 Prime Minister or a 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.

(4) 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 Federal Revenue Fund by action of the Supreme Court.

Part V - General Powers and Procedure

60. (1) Parliament shall be the sovereign legislative power in and over Ledgersia.

(2) Parliament shall have power-
(i) to lay and collect taxes, duties, imposts, and excises for revenue, necessary to pay the debts, provide for the common defense, and carry on the Government of Ledgersia; but no bounties shall be granted from the Federal Revenue Fund; nor shall any duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry; and all duties, imposts, and excises shall be uniform throughout Ledgersia; and all taxes shall be collected in gold and silver;
(ii) to borrow money on the public credit of Ledgersia;
(iii) to regulate trade and commerce with foreign nations; but neither this, nor any other clause contained in the Constitution, shall ever be construed to delegate the power to Parliament to appropriate money for any internal improvement intended to facilitate commerce;
(iv) to coin money and regulate the value thereof; but Parliament may not make anything but gold and silver coin a tender in payment of debts; and all appropriations of public monies shall be made in gold or silver;
(v) to provide for the punishment of counterfeiting the securities and current coin of Ledgersia;
(vi) to establish uniform laws on naturalization throughout Ledgersia;
(vii) to establish uniform laws on bankruptcy and insolvency throughout Ledgersia;
(viii) to constitute federal courts inferior to the Supreme Court;
(ix) to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
(x) to raise and support an army, an air force, or an army and an air force, but only in time of war; and no appropriation of money to that use shall be permitted after the cessation of a time of war;
(xi) to authorize the President of the Republic to declare war and to make peace;
(xii) to grant letters of marque and reprisal and make rules concerning captures on land, water, and in the air;
(xiii) to provide and maintain a navy;
(xiv) to make rules for the government and regulation of the armed forces;
(xv) to provide for calling forth the militia to suppress insurrections and repel invasion;
(xvi) to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of Ledgersia; reserving to the States, respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Parliament; and
(xvii) to acquire property on just terms from any State or person for any purpose in respect of which Parliament has power to make laws.

(3) Parliament shall, subject to this Constitution, have exclusive power to make laws with respect to:
(i) the seat of Government of Ledgersia, and all places acquired by Ledgersia 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) external affairs;
(iv) national defense; and
(v) other matters declared by this Constitution to be within the exclusive power of Parliament.

61. 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; and
(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.

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

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

(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.

Part VI - Procedure in Regard to Bills

64. (1) Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.

(2) The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

(3) The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

(4) The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

(5) Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.

65. The proposed law which appropriates revenue or moneys for the ordinary annual services of the Government shall deal only with such appropriation.

66. (1) Laws imposing taxation shall deal only with the imposition of taxation, and any provision therein dealing with any other matter shall be of no effect.

(2) Laws imposing taxation, except laws imposing duties of customs or of excise, shall deal with one subject of taxation only; but laws imposing duties of customs shall deal with duties of customs only, and laws imposing duties of excise shall deal with duties of excise only.

67. A vote, resolution, or proposed law for the appropriation of revenue or moneys shall not be passed unless the purpose of the appropriation has in the same session been recommended by message of the President of the Republic to the House in which the proposal originated.

68. (1) If the House of Representatives passes any proposed law, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, and if after an interval of three months the House of Representatives, in the same or the next session, again passes the proposed law with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the Governor-General may dissolve the Senate and the House of Representatives simultaneously. But such dissolution shall not take place within six months before the date of the expiry of the House of Representatives by effluxion of time.

(2) If after such dissolution the House of Representatives again passes the proposed law, with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the President of the Republic may convene a joint sitting of the members of the Senate and of the House of Representatives.

(3) The members present at the joint sitting may deliberate and shall vote together upon the proposed law as last proposed by the House of Representatives, and upon amendments, if any, which have been made therein by one House and not agreed to by the other, and any such amendments which are affirmed by an absolute majority of the total number of the members of the Senate and House of Representatives shall be taken to have been carried, and if the proposed law, with the amendments, if any, so carried is affirmed by an absolute majority of the total number of the members of the Senate and House of Representatives, it shall be taken to have been duly passed by both Houses of the Parliament, and shall be presented to the President of the Republic for his assent.

69. (1) When a proposed law passed by both Houses of the Parliament is presented to the President of the Republic for assent, he shall within thirty days thereof declare, subject to the law and constitutional convention, that he assents or refuses assent thereto.

(2) Where the President of the Republic withholds his assent and the bill is again passed by each House by two-thirds majority, the bill shall become law and the assent of the President of the Republic shall not be required.

(3) A law 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.

70. (1) As soon as may be after a bill has become law, the Secretary to Parliament shall cause a fair copy of the Act, duly authenticated by the signature of the President of the Republic and the Public Seal of Ledgersia, 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 Parliament 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 of the Republic 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 Parliament 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.

Part VII - Limitations on Parliament

71. No bill of attainder or ex post facto law shall be passed.

72. No capitation or other direct tax shall be laid.

73. No tax or duty shall be laid on articles exported from any State.

74. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another.

75. No increase in the salaries of Senators or members of the House of Representatives shall take effect until after the expiration of the full term of all the members of the Senate and the House of Representatives approving such increase.

76. No law which is inconsistent with the Bill of Rights in particular or with the Constitution in general shall be passed; any such law shall, to the extent of such inconsistency, be null and void.

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