You're pretty you're pretty

From Roach Busters

Current revision as of 03:15, 2 July 2012

[edit] CHAPTER I

[edit] PART I
THE LEGISLATURE

[edit] Legislative power

1. The legislative power of the Federation shall be vested in the Legislature which shall consist of the President and the Congress.

[edit] The Congress

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

[edit] PART II
THE SENATE

[edit] Constitution of Senate

3. (1) The Senate shall be composed of six Senators for each State, elected by the sitting members of the Legislative Assembly for that State.

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

(3) The Senate shall be a permanent body and the term of office of a senator shall not be affected, and the seat of a senator shall not become vacant by reason of a dissolution of Congress.

(4) One-third of the senators shall retire every second year.

(5) Subject to the provisions of section _____, the term of office of a senator shall be six years from the date of his election:

Provided that ―

(a) a person who is elected a senator to fill a casual vacancy shall be deemed to be elected to serve only for the remainder of his predecessor's term of office;

(b) a person who is elected to fill a vacancy caused by the termination of a senator's period of office by effluxion of time shall, for the purposes of this section, be deemed to have been elected on such termination.

(6) A separate election shall be held for the filling of each casual vacancy among the elected senators.

(7) In this section, the expression "casual vacancy" means a vacancy occurring otherwise than by the termination of a senator's period of office by effluxion of time.

[edit] Failure to choose senators

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

[edit] Rotation of senators

5. For the purpose of securing that one-third of the senators shall retire every second year, at the first meeting of the Senate under this Constitution, the Senate shall by lot divide the senators into three classes; and the term of office of the senators of the first class shall terminate at the expiry of a period of two years, the term of office of the senators of the second class shall terminate at the expiry of a period of four years, and the term of office of the senators of the third class shall terminate at the expiry of a period of six years, from the date of election.

[edit] Qualifications of members

6. No person shall be qualified to be a member of the Senate under this Constitution unless —

(a) he is a citizen of _____;

(b) he has attained the age of 30 years;

(c) he is qualified for registration as a voter for the purposes of the election of members of the House of Representatives and is so registered;

(d) he is not subject to any of the disqualifications specified in section twenty-nine;

(e) he is able to speak, and, unless incapacitated by blindness or other physical cause, to read English well enough to take an active part in the proceedings of the Senate; and

(f) he has been domiciled in _____ for a period of at least five years.

[edit] President and Deputy President of the Senate

7. (1) The Vice-President of _____ shall be ex-officio President of the Senate:

Provided that during any period when the Vice-President acts as President or discharges the functions of the President under section _____, he shall not perform the duties of the office of President of the Senate and shall not be entitled to any salary or allowance payable to the President of the Senate under section twenty-four.

(2) The Senate shall, before proceeding to the dispatch of any other business, elect a senator, not being a Minister or a Deputy Minister, to be the Deputy President of the Senate, and, whenever the office of the Deputy President of the Senate becomes vacant the Senate shall not transact any other business until a person to fill that office has been elected.

(3) The Deputy President of the Senate shall be elected in accordance with the Standing Orders.

(4) The Deputy President may at any time resign his office by notice in writing to the Secretary to Congress and shall vacate his office ―

(a) upon his death; or

(b) if he ceases to be a senator; or

(c) if he is required by virtue of the provisions of twenty-eight, twenty-nine, thirty or thirty-one to cease to exercise any of his functions as a senator; or

(d) if he becomes a Minister or a Deputy Minister.

[edit] Vacancy

8. (1) The seat of a senator shall become vacant ―

(a) upon his death; or

(b) if, by writing under his hand, addressed to the Secretary to Congress, he resigns his seat; or

(c) if he is required by virtue of the provisions of section twenty-eight, twenty-nine, thirty or thirty-one to cease to exercise any of his functions as a senator; or

(d) if, without the leave of the Senate first obtained, he absents himself from the sittings of the Senate during a continuous period of three months; or

(e) upon the termination of his term of office.

(2) As often as there is a vacancy among the members elected to the Senate by a State the Secretary to Congress shall give notice to the Governor of the State in the representation of which the vacancy has happened that an election of a senator is required and the Governor shall require the Legislative Assembly to elect a senator as soon as may be.

(3) The resignation of a member of the Senate shall not become effective to render the seat of that member vacant under the provisions of paragraph (b) of subsection (1) in any case in which —

(a) proceedings are pending in respect of that member's election, if it is alleged that illegal or corrupt practices took place at such election; or

(b) proceedings in the Senate are contemplated or pending in respect of that member's conduct in or as a member of the Senate;

unless the Senate by resolution accepts the resignation.

[edit] Quorum

9. The presence of at least one-third of the whole number of the senators shall be necessary to constitute a meeting of the Senate for the exercise of its powers.

[edit] Voting in Senate

10. (1) Questions arising in the Senate shall be determined by a majority of votes, and each senator shall have one vote.

(2) All questions in the Senate shall be determined by a majority of votes of senators present other than the President of the Senate or the presiding senator, who shall, however, have and exercise a casting vote in the case of an equality of votes.

[edit] PART III
THE HOUSE OF REPRESENTATIVES

[edit] Constitution of House of Representatives

11. The House of Representatives shall be composed of one hundred and fifty members, each of whom shall be directly elected by the persons entitled to vote at an election of such a member in an electoral division delimited as provided in section thirteen.

[edit] Elections

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

(2) At any general election of members of the House of Representatives under this Constitution, all polls shall be taken on one and the same day in all the electoral divisions throughout _____.

[edit] Delimitation of electoral divisions

13. (1) At intervals of not less than five years and not more than ten years, the President shall appoint a delimitation commission consisting of three judges of the Supreme Court of _____, which shall divide each State into so many electoral divisions that their number bears, as nearly as possible, the same ratio to one hundred and fifty as, in terms of the current voters’ lists, duly corrected up to the latest possible date, the number of voters in that State bears to the total number of voters in _____.

(2) In dividing a State into electoral divisions in terms of subsection (1) the said commission shall act in accordance with the provisions of section fourteen.

[edit] Method of dividing States into electoral divisions

14. (1) For the purposes of any division of the States into electoral divisions, the quota of each State shall be obtained by dividing the total number of voters in the State as ascertained from an examination of the current voters’ lists by the number of members of the House of Representatives to be elected therein.

(2) Each State shall be divided into electoral divisions in such a manner that each such division shall, subject to the provisions of subsection (3), contain a number of voters as nearly as may be equal to the quota of the State.

(3) The delimitation commission shall give due consideration to ―

(a) community or diversity of interests;

(b) means of communication;

(c) physical features;

(d) boundaries of existing electoral divisions;

(e) sparsity or density of population,

in such manner that, while taking the quota of voters as the basis of division, the commission may depart therefrom whenever it is deemed necessary, but in no case to any greater extent than fifteen per cent more or fifteen per cent less than the quota.

[edit] Powers and duties of commission for delimiting electoral divisions

15. (1) A commission constituted under the provisions of section thirteen shall submit to the President ―

(a) a list of electoral divisions, with the names given to them by the commission and a description of the boundaries of every such division;

(b) a map or maps showing the electoral divisions into which the States have been divided;

(c) such further particulars as it considers necessary.

(2) The President may refer to the commission for its consideration all matters relating to such list or arising out of the powers or duties of the commission.

(3) The President shall by proclamation in the Gazette make known the names and boundaries of the electoral divisions as finally settled and certified by the commission, or a majority thereof, and thereafter, until there shall be a re-division, the electoral divisions as named and defined shall be the electoral divisions of _____ in the States.

(4) If any discrepancy arises between the description of the divisions and the aforesaid map or maps, the description shall prevail.

[edit] Date from which alteration of electoral divisions takes effect

16. Any alteration in the number of members of the House of Representatives to be elected in the several States, and any re-division of the provinces into electoral divisions, shall, in respect of the election of members of the House of Representatives, come into operation at the next general election held after the completion of the re-division or of any allocation consequent upon such alteration, and not earlier.

[edit] Qualifications of members

17. No person shall be qualified to be a member of the House of Representatives under this Constitution unless —

(a) he is a citizen of _____;

(b) he has attained the age of 25 years;

(c) he is qualified for registration as a voter for the purposes of the election of members of the House of Representatives and is so registered;

(d) he is not subject to any of the disqualifications specified in section twenty-nine;

(e) he is able to speak, and, unless incapacitated by blindness or other physical cause, to read English well enough to take an active part in the proceedings of the House of Representatives; and

(f) he has been domiciled in _____ for a period of at least five years.

[edit] Duration of House of Representatives

18. The House of the Representatives, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the House of Representatives:

Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Congress by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.

[edit] Election of Speaker

19. (1) The House of Representatives shall, before proceeding to the dispatch of any other business, elect a member of the House of Representatives, not being a Minister or a Deputy Minister, to be Speaker of the House of Representatives, and, whenever the office of the Speaker becomes vacant the House of Representatives shall not transact any other business until a person to fill that office has been elected.

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

[edit] Tenure of office of Speaker

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

(2) The Speaker shall vacate his office ―

(a) upon his death; or

(b) on the dissolution of Congress next following his election; or

(c) if he becomes a Minister or a Deputy Minister; or

(d) if he is elected as a senator;

(e) if he ceases to be a member of the House of Representatives; or

(f) if he is required by virtue of the provisions of section twenty-eight, twenty-nine, thirty or thirty-one to cease to exercise any of his functions as a member of the House of Representatives.

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

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

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

[edit] Deputy Speaker

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

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

(3) The Deputy Speaker may at any time resign his office by notice in writing to the Clerk to the House of Representatives and shall vacate his office ―

(a) upon his death; or

(b) if he ceases to be a member of the House of Representatives; or

(c) if he is required by virtue of the provisions of section twenty-eight, twenty-nine, thirty or thirty-one to cease to exercise any of his functions as a member of the House of Representatives; or

(d) if he becomes a Minister or a Deputy Minister.

[edit] Vacancy

22. (1) The seat of a member of the House of Representatives shall become vacant ―

(a) upon his death; or

(b) if, by writing under his hand, addressed to the Secretary to Congress, he resigns his seat; or

(c) on the dissolution of Congress next following his election; or

(d) if he is elected as a senator;

(e) if he is required by virtue of the provisions of section twenty-eight, twenty-nine or thirty to cease to exercise any of his functions as a member of the House of Representatives; or

(f) if, without the leave of the House of Representatives first obtained, he absents himself from the sittings of the House of Representatives during a continuous period of three months; or

(g) upon the termination of his term of office.

(2) Whenever a vacancy happens in the House of Representatives, the Speaker shall issue his writ for the election of a new member.

(3) The resignation of a member of the House of Representatives shall not become effective to render the seat of that member vacant under the provisions of paragraph (b) of subsection (1) in any case in which —

(a) proceedings are pending in respect of that member's election, if it is alleged that illegal or corrupt practices took place at such election; or

(b) proceedings in the House of Representatives are contemplated or pending in respect of that member's conduct in or as a member of the House of Representatives;

unless the House of Representatives by resolution accepts the resignation.

[edit] Quorum

23. The presence of at least one-third of the whole number of the members of the House of Representatives shall be necessary to constitute a meeting of the House of Representatives for the exercise of its powers.

[edit] Voting in House of Representatives

24. 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.

[edit] PART IV
SENATE AND HOUSE OF REPRESENTATIVES

[edit] Remuneration of President of Senate and Speaker

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

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

[edit] Powers of Ministers and Deputy Ministers in Senate and House of Representatives

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

[edit] Vacating of seats by members

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

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

[edit] Tenure of seat of members of Senate or House of Representatives

28. (1) The seat of a member of the Senate or the House of Representatives shall become vacant —

(a) if he accepts any public office; or

(b) if he ceases to be qualified for election to the Senate or to the House of Representatives, as the case may be; or

(c) if he becomes subject to any of the disabilities mentioned in section twenty-nine; or

(d) in the circumstances set out in section thirty; or

(e) if he is required, by virtue of the provisions of section thirty-one, to vacate his seat.

(2) For the purposes of paragraph (a) of subsection (1), a person shall not be deemed to have accepted a public office by reason of —

(a) accepting appointment as a Minister or a Deputy Minister; or

(b) holding any office for which no renumeration is paid other than payment by way of traveling or subsistence allowances or out-of-pocket expenses.

[edit] Disqualifications from being a member of Senate or House of Representatives

29. (1) No person shall be capable of being elected or of sitting as a member of the Senate or the House of Representatives, if he —

(a) has voluntarily acquired citizenship of a country other than _____ or has made a declaration of allegiance to such a country; or

(b) is adjudged to be a lunatic or otherwise declared to be of unsound mind by a competent court; or

(c) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Federation.

[edit] Members sentenced to death or to imprisonment

30. (1) In the event of a member of the Senate or the House of Representatives being convicted —

(a) within _____ of a criminal offense; or

(b) outside _____ of an offense, by whatever name called, which if committed in _____ would have been a criminal offense;

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

(2) When during the period of thirty days referred to in subsection (1), an application for a free pardon is made or an appeal is filed, the question whether the member is to vacate his seat shall not be determined until the final disposal of such application or appeal, whereupon the member shall forthwith vacate his seat unless —

(a) he is granted a free pardon; or

(b) his conviction is set aside; or

(c) his sentence is reduced to a term of imprisonment of less than six months; or

(d) a punishment other than imprisonment is substituted.

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

(4) For the purposes of this section —

(a) two or more sentences of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms;

(b) two or more sentences of imprisonment that are required to be served concurrently shall be regarded as a single term of imprisonment for the period of the longest of such terms;

(c) a person shall be regarded as sentenced notwithstanding that the execution of the sentence or any part thereof has been suspended;

(d) no account shall be taken of any sentence of imprisonment imposed as an alternative to, or in default of, the payment of a fine.

[edit] Expulsion or suspension of members convicted of certain offenses

31. (1) If —

(a) a member of the Senate or the House of Representatives is convicted of an offense described in subsection (1) of section thirty and is sentenced to imprisonment for a lesser period than that specified in that subsection or to a fine or other punishment not specified in that subsection; and

(b) the Senate or the House of Representatives, as the case may be, after taking into account the nature of the offense and the sentence imposed, resolves by the affirmative votes of not less than two-thirds of its total membership that the member is unfit to continue as a member or that the member should be suspended from the service of the Senate or the House of Representatives, as the case may be, for such period, not exceeding six months, as the Senate or the House of Representatives may specify;

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

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

[edit] Penalty for sitting or voting when disqualified

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

[edit] Validity of proceedings

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

[edit] PART V
GENERAL POWERS AND PROCEDURE

[edit] Power to make laws

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

(2) The Legislature shall have power to make laws, to be entitled “Acts”, for the peace, order and good government of the Federation with respect to any matter included in the Exclusive Legislative List.

(3) The power of the Legislature to make laws for the peace, order and good government of the Federation with respect to any matter included in the Exclusive Legislative List shall, save as otherwise provided in this Constitution, be to the exclusion of the Legislative Assemblies of States.

(4) In addition and without prejudice to the powers conferred by subsection (2) of this section, the Legislature shall have power to make laws with respect to the following matters, that is to say —

(a) any matter in the Concurrent Legislative List; and

(b) any other matter with respect to which it is empowered to make laws in accordance with the provisions of this Constitution.

[edit] Standing Orders

35. 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) 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.

[edit] Declaration of assets and liabilities; oath of members

36. Every member of the Senate or the House of Representatives shall, before taking his seat, declare his assets and liabilities as prescribed in this Constitution and subsequently take and subscribe the Oath of Allegiance and the oath of membership as prescribed in the Seventh Schedule to this Constitution before the President of the Senate or, as the case may be, the Speaker of the House of Representatives, but a member may before taking the oaths take part in the election of a Deputy President of the Senate, as the case may be, or a Speaker and a Deputy Speaker of the House of Representatives.

[edit] Presiding in Congress

37. (1) 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.

(2) In the absence of the persons mentioned in the foregoing provisions of this section, such member of the joint sitting, as the joint sitting may elect for that purpose shall preside.

[edit] Powers, privileges, etc., of the houses of Congress and of the members and committees thereof

38. (1) Subject to the provisions of this Constitution and to the rules and Standing Orders regulating the procedure of Congress, there shall be freedom of speech in Congress.

(2) No member of Congress shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Congress or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either house of Congress of any report, paper, votes or proceedings.

(3) In other respects, the powers, privileges and immunities of each house of Congress, and of the members and the committees of each house, shall be such as may be prescribed from time to time by a law of the Legislature.

(4) The provisions of subsections (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a house of Congress or any committee thereof as they apply in relation to members of Congress.

[edit] Salaries and allowances of members

39. Members of either house of Congress shall be entitled to receive such salaries and allowances as may be prescribed from time to time by a law of the Legislature.

[edit] Secretary to Congress and other staff of Congress

40. (1) There shall be a Secretary to Congress 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 Congress shall not be removable from office except in pursuance of a resolution by the House of Representatives.

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

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

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

[edit] President and other persons may address Congress

41. (1) The President may at any time —

(a) attend and address the Senate or the House of Representatives; or

(b) call a joint meeting of the Senate and the House of Representatives and attend and address such joint meeting.

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

(3) 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.

[edit] PART VI
PROCEDURE IN REGARD TO BILLS

[edit] Introduction of Bills, motions and petitions

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

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

(3) Subject to the conditions of this Constitution and the Standing Orders —

(a) any member of the Senate may introduce any Bill into or move any motion for debate in or present any petition to the Senate and the same shall be debated and disposed of according to the Standing Orders of the Senate;

(b) any member of the House of Representatives may introduce any Bill into or move any motion for debate in or present any petition to the House of Representatives and the same shall be debated and disposed of according to the Standing Orders of the House of Representatives;

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

(4) Except on the recommendation of the President signified by a Minister or a Deputy Minister, the Senate or the House of Representatives shall not —

(a) proceed upon any Bill, including any amendment to a Bill, which, in the opinion of the President of the Senate or the Speaker, as the case may be, makes provision for any of the following matters —

(i) imposing or increasing any tax;
(ii) imposing or increasing any charge on the Consolidated Revenue Fund or other public funds of _____ or altering any such charge otherwise than by reducing it;
(iii) compounding or remitting any debt due to the Government of _____;
(iv) authorizing the making or raising of any loan by the Government of _____;
or

(b) proceed upon any motion, including any amendment to a motion, the effect of which, in the opinion of the President of the Senate or the Speaker, as the case may be, is that provision should be made for any of the manners specified in paragraph (a); or

(c) receive any petition which, in the opinion of the President of the Senate or the Speaker, as the case may be, requests that provision be made for any of the manners specified in paragraph (a).

(5) The provisions of subsection (4) shall not apply to —

(a) any Bill introduced, motion moved, or petition presented by a Minister or a Deputy Minister; or

(b) any amendment moved by a Minister or a Deputy Minister to a Bill or motion.

[edit] Procedure in regard to Bills

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

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

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

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

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

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

[edit] Disagreement between Senate and House of Representatives

44. (1) If —

(a) the Senate and the House of Representatives have not agreed upon the amendments to be made to a Bill which originates in the House of Representatives before the expiration of a period of one hundred and eighty days beginning on the day of the introduction of the Bill into the Senate; or

(b) the Senate and the House of Representatives have not agreed upon the amendments to be made to a Bill which originates in the Senate before the expiration of a period of one hundred and eighty days beginning on the day of the return of the Bill to the Senate; or

(c) a Bill which originates in the House of Representatives has been rejected or has not been passed by the Senate before the expiration of a period of one hundred and eighty days beginning on the day of the introduction of the Bill into the Senate;

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

Provided that if, in the opinion of the Speaker, a Bill which —

(i) originates in the House of Representatives; and
(ii) is introduced into the House of Representatives after the expiration of a period of one hundred and eighty days beginning on the day of the introduction into the Senate of a previous Bill originating in the Senate;

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

(2) A Bill referred to in subsection (1) shall not be presented to the President for assent unless a resolution that the Bill be presented to the President for assent has been passed by the House of Representatives —

(a) in the case of a Bill referred to in paragraph (a) or (c) of that subsection, after the expiration of a period of one hundred and eighty days beginning on the day of the introduction of the Bill into the Senate;

(b) in the case of a Bill referred to in paragraph (b) of that subsection, after the expiration of a period of one hundred and eighty days beginning on the day of the return of the Bill to the Senate;

(c) in the case of a Bill referred to in the proviso to that subsection, after the expiration of a period of eight sitting days beginning on the day of the introduction of the Bill into the Senate.

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

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

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

(6) For the purposes of this section —

(a) a Bill originating in the House of Representatives shall be deemed to have been introduced into the Senate on the sitting day next following the day on which a copy of the Bill is transmitted to the Senate in terms of subsection (1) of section forty-three;

(b) a Bill originating in the Senate shall be deemed to have been returned to the Senate on the sitting day next following the day on which the Bill is returned for the first time to the Senate in terms of subsection (6) of section forty-three.

[edit] Money Bills

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

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

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

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

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

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

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

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

[edit] Provisions relating to amendment of Bills

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

[edit] Assent to Bills

47. (1) No Bill shall become law unless the President assents thereto and has signed it in token of such assent, except as otherwise provided by subsection (4) of this section.

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

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

(4) When a Bill is presented to the President for assent he shall declare either that he assents to the Bill, or that he withholds assent therefrom:

Provided that the President may, as soon as possible after the presentation to him of a Bill for assent, return the Bill if it is not a Money Bill to the houses with a message requesting that they will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the houses shall reconsider the Bill accordingly, and if the Bill is again passed by a two-thirds majority of all the members of each house with or without amendment the bill shall become law and the assent of the President shall not be required.

[edit] Further provisions relating to enactment of Bills

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

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

[edit] Enrollment of Acts

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

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

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

[edit] PART VII
SUMMONING, PROROGATION, AND DISSOLUTION

[edit] Sessions of Congress

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

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

[edit] Prorogation and dissolution

51. (1) The President may from time to time prorogue Congress or either house.

(2) The House of Representatives may be dissolved by the President on the advice of the Cabinet if the Government is unable to govern effectively.

(3) Should the House of Representatives be dissolved a national election for a new House of Representatives shall take place within a period of ninety days from the date of such dissolution.

(4) The President shall not dissolve the House of Representatives after a notice of motion proposing an inquiry into the conduct of the President has been given under section _____.

[edit] Conduct of business after dissolution

52. Notwithstanding the provisions of section fifty-one hereof —

(a) every person who at the date of its dissolution was a member of the House of Representatives shall remain a member of the House of Representatives and remain competent to perform the functions of a member until the day immediately preceding the first polling day for the election held in pursuance of such dissolution;

(b) the President shall have power to summon Congress for the conduct of business during the period following such dissolution, up to and including the day immediately preceding the first polling day for the election held in pursuance of such dissolution, in the same manner and in all respects as if the dissolution had not occurred.

[edit] EXECUTIVE

(1) Notwithstanding the provisions of section _____ of this Constitution, the House of Representatives may pass a vote of no confidence in the Prime Minister if a motion in that behalf is moved and passed in accordance with the provisions of this section.

(2) Subject to the other provisions of this section, any motion for a vote of no confidence in the Prime Minister shall not be moved in the House of Representatives if —

(a) either it has no relation with the discharge of the responsibilities of the Prime Minister in accordance with section _____ of the Constitution or there are no allegations that the Prime Minister has contravened the law concerning the ethics of public leaders;

(b) six months have not lapsed since he was appointed;

(c) nine months have not lapsed since a similar motion was moved in and rejected by the House of Representatives.

(3) A motion for a vote of no confidence in the Prime Minister shall not be passed by the House of Representatives save only if —

(a) a written notice, signed and supported by not less than twenty percentum of all the members of the House of Representatives is submitted to the Speaker, at least fourteen days prior to the day on which the motion is intended to be moved before the House of Representatives;

(b) the Speaker satisfies himself that the provisions of this Constitution governing the moving of the motion have been complied with.

(4) A motion which satisfies the provisions of the section shall be moved before the House of Representatives as soon as possible in accordance with the Standing Orders of the House of Representatives.

(5) A motion for a vote of no confidence in the Prime Minister shall be passed only if it is supported by a majority of the members of the House of Representatives.

(6) In the event the motion for a vote of no confidence in the Prime Minister is supported by a majority of the members of the House of Representatives, the Speaker shall submit that resolution to the President, and as soon as possible and in any case within two days from the day the House of Representatives passes the vote of no confidence in the Prime Minister, the Prime Minister shall be required to resign, and the President shall appoint another member of the House of Representatives to be Prime Minister.

(7) A motion of no confidence in the Prime Minister shall not be effective for the purposes of this section unless it proposes the name of a member of the House of Representatives for the President to appoint in the place of the Prime Minister.