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From Roach Busters
CHAPTER I
HEAD OF STATE
The President
1. There shall be a President of _____ who shall be the Head of State and shall exercise and perform such powers and functions as are conferred on the President by this Constitution and any other written law.
Qualifications and disabilities of President
2. (1) A person shall be qualified for election as President if, and shall not be qualified unless, he —
(a) is a citizen of _____ by birth;
(b) has attained the age of 30 years; and
(c) is qualified to be elected as a member of the House of Assembly.
(2) The President shall —
(a) not hold any other office created or recognized by this Constitution;
(b) not actively engage in any commercial enterprise;
(c) not be a member of any political party; and
(d) if he is a member of Parliament, vacate his seat in Parliament.
(3) Nothing in subsection (2) shall be construed as requiring any person exercising the functions of the office of President under section six to —
(a) if he is a member of any political party, resign as a member of that party; or
(b) vacate his seat in Parliament or any other office created or recognized by this Constitution.
Election of President
3. (1) The President shall be elected by an electoral college consisting of the members of the Senate and the House of Assembly, 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 Assembly or (in his absence) the Secretary to Parliament and made known by notice in the Gazette not less than fourteen days before such election.
(3) The date so fixed shall be a date not less than one month and not more than three months before the termination of the period of office of the President then holding office:
Provided that if the President dies or for any other reason vacates his office before the expiration of his period of office a date within three months after the office became vacant shall be so fixed.
Method of election
4. (1) Nominations of candidates for election as President shall be called for at the meeting at which the election is to take place, by the person presiding thereat.
(2) Every nomination shall be submitted in the form prescribed and shall be signed by two members of the electoral college and also by the person nominated, unless he has in writing or by telegram signified his willingness to accept nomination.
(3) The names of the persons duly nominated as provided in subsection (2) 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.
(4) If in respect of any election only one nomination has been received, the person presiding at the meeting shall declare the candidate in question to be duly elected.
(5) Where more 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 favor a majority of all the votes cast is recorded, shall be declared duly elected by the person presiding at the meeting.
(6) (a) If no candidate 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.
(7) (a ) Whenever ―
(i) only two candidates have been nominated; or
(ii) after the elimination of one or more candidates in accordance with the provisions of this section, only two candidates remain,
and there is an equality of votes between those two candidates, a further meeting shall be called in accordance with the provisions of section eight, and the provisions of this section shall apply as if such further meeting were the first meeting called for the purposes of the election in question.
(b) At the third meeting called in connection with any particular election, the person presiding at the meeting shall in the event of an equality of votes between any two candidates under the circumstances described in paragraph (a), have and exercise a casting vote.
(8) (a) The Speaker of the House of Assembly 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 Assembly may consider necessary.
Tenure of office of President
5. (1) The President shall hold office for a period of seven years from the date upon which he takes the oath prescribed in section eight and shall, 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.
(2) The President may resign by lodging his resignation in writing with the Prime Minister.
(3) The President shall at no time absent himself from _____ except with the prior consent of the Executive Council.
Acting President
6. (1) During any period when the office of the President is vacant or the President is absent from _____ or is for any reason unable to perform the functions of his office, those functions shall during that period be assumed and performed by such person as the Executive Council may appoint.
(2) Any person appointed in terms of subsection (1) shall cease to perform the functions of the President after the President has informed him that he is about to resume his functions or when a new President assumes office in terms of this Constitution.
(3) The President or any person acting as the President shall not, for the purpose of this section, be regarded as absent from _____ or as unable to perform the functions of the office of President at any time when there is a subsisting appointment of a deputy under section seven.
Deputy President
7. (1) Whenever the President ―
(a) has occasion to be absent from the seat of Government but not from _____; or
(b) has occasion to be absent from _____ for a period which he has reason to believe will not exceed one month; or
(c) is suffering from an illness which he has reason to believe will be of short duration;
he may, by instrument under the Public Seal of _____, appoint any person in _____ to be his deputy during such absence or illness, and in that capacity to perform on his behalf such of the functions of the office of the President as may be specified in that instrument.
(2) The power and authority of the President shall not be abridged, altered or in any way affected by the appointment of a deputy under this section and a deputy shall conform to and observe all instructions that the President may from time to time address to him:
Provided that the question whether or not a deputy has in any manner conformed to or observed any such instructions shall not be inquired into in any court.
(3) A person appointed as a deputy under this section shall hold the appointment for which period as may be specified in the instrument by which he is appointed, save that his appointment may be revoked at any time by the President.
Oath of office
8. Before entering on any of the duties of his office the President or Acting President, as the case may be, shall take and subscribe such oaths as may be prescribed by the Legislature, which oaths shall be administered by the Chief Justice or another judge of the High Court.
Civil List and personal staff of President
9. (1) The Legislature shall by law provide a Civil List for the maintenance of the President.
(2) The Civil List for the maintenance of the President shall be charged on and paid out of the Consolidated Revenue Fund and shall not be diminished during the continuance in office of the President.
(3) Subject to subsection (4), the appointment, terms of service, disciplinary control, termination of appointment and dismissal of the personal staff of the President shall be matters for the President acting in accordance with his own discretion.
(4) The President may, if he so desires, appoint to his personal staff such public officers as he may select, after consultation with the Prime Minister, from a list of names submitted by the Public Service Commission; and the provisions of subsection (3) (except in so far as they relate to appointment) shall apply in relation to a person so appointed as respects his service on the personal staff of the President but not as respects his service as a public officer.
(5) The remuneration of the personal staff of the President, other than a person appointed under sub-section (4), shall be defrayed out of the Civil List for the maintenance of the President.
Vacation of and removal from office of President
10. (1) The President may be removed from office in accordance with the provisions of this section.
(2) Whenever a notice of any allegation in writing signed by not less than one-third of the members of the Legislature: —
(a) is presented to the President of the Senate;
(b) stating that the holder of the office of President is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified,
the President of the Senate shall within seven days of the receipt of the notice cause a copy thereof to be served on the holder of the office and on each member of the Legislature, and shall also cause any statement made in reply to the allegation by the holder of the office to be served on each member of the Legislature.
(3) Within fourteen days of the presentation of the notice to the President of the Senate (whether or not any statement was made by the President in reply to the allegation contained in the notice) each house of Parliament shall resolve by motion without any debate whether or not the allegation shall be investigated.
(4) A motion of the Legislature that the allegation be investigated shall not be declared as having been passed, unless it is supported by the votes of not less than two-thirds majority of all the members of each house of Parliament.
(5) Within seven days of the passing of a motion under the foregoing provisions, the Chief Justice of _____ shall at the request of the President of the Senate appoint a Panel of seven persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party, to investigate the allegation as provide in this section.
(6) The President shall have the right to defend himself in person and be represented before the Panel by legal practitioners of his own choice.
(7) A Panel appointed under this section shall —
(a) have such powers and exercise its functions in accordance with such procedure as may be prescribed by the Legislature; and
(b) within three months of its appointment report its findings to each house of Parliament.
(8) Where the Panel reports to each house of Parliament that the allegation has not been proved, no further proceedings shall be taken in respect of the matter.
(9) Where the report of the Panel is that the allegation against the holder of the office has been proved, then within fourteen days of the receipt of the report at the house the Parliament shall consider the report, and if by a resolution of each house of Parliament supported by not less than two-thirds majority of all its members, the report of the Panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.
(10) No proceedings or determination of the Panel or of Parliament or any matter relating thereto shall be entertained or questioned in any court.
(11) The President shall cease to hold office, if —
(a) by a resolution passed by two-thirds majority of all the members of the Executive Council it is declared that the President is incapable of discharging the functions of his office; and
(b) the declaration is verified, after such medical examination as may be necessary, by a medical panel established under subsection (14) of this section in its report to the President of the Senate and the Speaker of the House of Assembly.
(12) Where the medical panel certifies in the report that in its opinion the President is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the President of the Senate and the Speaker of the House of Assembly shall be published in the Gazette.
(13) The President shall cease to hold office as from the date of publication of the notice of the medical report pursuant to subsection (12) of this section.
(14) The medical panel to which this section relates shall be appointed by the President of the Senate, and shall comprise five medical practitioners in _____ —
(a) one of whom shall be the personal physician of the holder of the office concerned; and
(b) four other medical practitioners who have, in the opinion of the President of the Senate, attained a high degree of eminence in the field of medicine relative to the nature of the examination to be conducted in accordance with the foregoing provisions.
Protection of dignity and reputation of President
11. Any person who commits any act which is calculated to violate the dignity or injure the reputation of the President or Acting President shall be guilty of an offense and liable to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding five years.
Salary of President
12. (1) There shall be paid to the President out of and as a charge on the Consolidated Revenue Fund, in addition to any allowances appropriated from time to time by the Legislature, and apart from any privileges which he may enjoy, a salary of one hundred thousand dollars per annum.
(2) The salary of the President shall not be reduced during his term of office.
Pension payable to President and his widow
13. (1) There shall be payable out of and as a charge on the Consolidated Revenue Fund ―
(a) to any person who has at any time occupied the office of President, an annual pension equal to the annual salary which was payable to him on the day upon which he vacated office;
(b) to the widow of any such person a pension at the rate of three-quarters of the rate of the pension payable to such person.
(2) Any pension under subsection (1) shall be payable ―
(a) in the case of the President with effect from the day following that upon which he vacated office;
(b) in the case of his widow, with effect from the day following that upon which she became a widow.
Immunity from criminal and civil proceedings
14. (1) During the President’s tenure of office in accordance with this Constitution it shall be prohibited to institute or continue in court any criminal proceedings whatsoever against him.
(2) During the President’s tenure of office in accordance this Constitution, no civil proceedings against him shall be instituted in court in respect of anything done or not done, or purporting to have been done or not done, by him in his personal capacity as an ordinary citizen whether before or after he assumed the office of President, unless at least thirty days before the proceedings are instituted in court, notice of claim in writing has been delivered to him or sent to him pursuant to the procedure prescribed by an Act of Parliament, stating the nature of such proceedings, the cause of action, the name, residential address of the claimant and the relief which he claims.
(3) Except where he ceases to hold the office of President pursuant to the provisions of subsection (9) of section ten, it shall be prohibited to institute in court criminal or civil proceedings whatsoever against a person who was holding the office of President after he ceases to hold such office for anything he did in his capacity as President while he held the office of President in accordance with this Constitution.
CHAPTER II
PART I
THE LEGISLATURE
Legislative power
15. The legislative power of _____ shall be vested in the Legislature which shall consist of the President and the Parliament.
The Parliament
16. The Parliament of _____ shall consist of a Senate and a House of Assembly.
PART II
THE SENATE
Constitution of Senate
17. (1) The Senate shall consist of elected and appointed senators as follows ―
(a) four members for each province shall be elected by the members of the provincial council of the province in accordance with the system of proportional representation by means of the single transferable vote;
(b) two members for each province shall be appointed by the President.
(2) 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 Parliament.
(3) One-third of the senators shall retire every second year.
(4) Subject to the provisions of section twenty-one, the term of office of a senator shall be six years from the date of his election or appointment:
Provided that ―
(a) a person who is elected or appointed a senator to fill a casual vacancy shall be deemed to be elected or appointed to serve only for the remainder of his predecessor's term of office;
(b) a person who is elected or appointed 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 or appointed on such termination.
(5) A retiring senator shall, if otherwise qualified, be eligible for re-election or reappointment from time to time.
(6) 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.
Elected senators
18. (1) As often as there is a vacancy among the members elected to the Senate by a province the President shall give notice to the administrator of the province that an election of a senator is required and the administrator shall require the provincial council to elect a senator as soon as may be.
(2) The names of candidates for election shall be proposed and seconded by members of the provincial council and the member proposing or the member seconding shall submit a statement in writing, signed by the person nominated, that he is willing to serve as a senator if elected.
(3) When all the nominations have been received, the presiding officer shall announce the names of the persons nominated in alphabetical order and shall then put their names to the vote in that order.
(4) Each member present shall be entitled to vote for as many candidates as there are vacancies to be filled, and the names of the members voting for each candidate shall be recorded; and if any member casts a vote in addition to those allowed by this subsection that vote shall be void.
(5) The presiding officer shall declare to be elected the candidate or candidates who receive the largest number of votes, but if two or more candidates have an equal number of votes and the number of those candidates is larger than the number of vacancies to be filled, the election of those candidates shall be determined by lot.
(6) Notwithstanding anything in subsections (2) to (5), if a vacancy due to the expiry of the term of office of a senator is to be filled at the same meeting as a vacancy arising in any other way there shall first be an election to fill the vacancy due to the expiry of the term and then a separate election to fill the other vacancy.
(7) The presiding officer shall certify to the Clerk to the Senate, by writing under his hand, the name of a person elected as senator in accordance with the provisions of this section.
(8) If any question arises whether a member of the Senate has been duly elected in accordance with the provisions of this section, the decision of the Senate shall be taken and shall be final, but the failure to hold an election under subsection (1) as soon as my be shall not of itself invalidate the election of any senator.
Appointed senators
19. (1) As soon as may be alter the first election of senators under section eighteen of this Constitution, the President shall appoint two senators for each province, and thereafter, whenever there is a vacancy among the appointed senators, the President shall appoint a person to fill the vacancy:
Provided that, if there is at the same time a vacancy among the elected senators, the President may defer filling the vacancy among the appointed senators until the vacancy among the elected senators has been filled.
(2) Whenever a person is appointed a senator under this section, the President shall cause to be sent to the Clerk to the Senate a certificate signed by the President setting out the name of the person appointed and the date of appointment. Such certificate shall be conclusive for all purposes and shall not be questioned in any court of law.
(3) In the exercise of his functions under this section the President shall endeavor to appoint persons who he is satisfied have rendered distinguished public service or are persons of eminence in professional, commercial, industrial or agricultural life, including education, law, medicine, science, engineering and banking.
Tenure of office of first senators
20. 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 or appointment, as the case may be. For the purposes of this section, appointed senators shall be deemed to have been appointed on the day on which elected senators are elected.
Standing committees of Senate
21. The Senate may from time to time establish standing committees as it may deem fit, and any Minister or Deputy Minister may at any time with due regard to the rules of the Senate, move that any matter be referred to such a committee for investigation and report.
Announcing of legislation intended to be introduced in Senate
22. The Prime Minister or any Minister acting on his behalf shall at the commencement of each session and may from time to time during the course of any session of Parliament as circumstances may require, make known what bills are to be introduced in the Senate during that session.
Qualifications of senators
23. No person shall be qualified to be a senator 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 Assembly and is so registered;
(d) he possesses the qualifications specified in section _____;
(e) he is not subject to any of the disqualifications specified in section _____; and
(f) he has been domiciled in _____ for a period of at least five years.
The Senate Legal Committee
24. (1) After a general election and as soon as practicable after the election of the President of the Senate in terms of section twenty-five and the election of the Deputy President of the Senate in terms of section twenty-seven the President of the Senate shall, subject to the provisions of this section, appoint a committee to be known as the Senate Legal Committee.
(2) The Senate Legal Committee shall consist of such number of senators as the President may determine and the President may, at any time after the appointment of the Senate Legal Committee, direct that the membership thereof shall be increased or decreased, as the case may be, by such number as he may specify:
Provided that at no time shall the Senate Legal Committee consist of less than three members.
(3) A majority of the members of the Senate Legal Committee shall consist of persons holding such legal qualifications as may be prescribed by a law of the Legislature for the purposes of this section.
Election of President of Senate
25. (1) The Senate shall, before proceeding to the dispatch of any other business, elect a person to be President of the Senate, and, whenever the office of the President of the Senate becomes vacant the Senate shall not transact any other business until a person to fill that office has been elected.
(2) The President of the Senate shall be elected in accordance with the Standing Orders, either from among the members of the Senate or the House of Assembly who are neither Ministers nor Deputy Ministers, or from among persons who are not members of the Senate or the House of Assembly:
Provided that a person who is not a member of the Senate shall not be elected President of the Senate unless he is qualified in accordance with the provisions of section twenty-three for election or appointment to the Senate.
(3) If a senator is elected as President of the Senate, he shall cease to be a senator.
(4) Before a person who has been elected as the President of the Senate enters upon the duties of his office he shall, unless he has already done so in accordance with the provisions of section _____, take and subscribe before the Senate such oath as may be prescribed by the Legislature.
Tenure of office of President of Senate
26. (1) The President of the Senate may at any time resign his office either by announcing his resignation in person to the Senate or by notice in writing to the Clerk to the Senate.
(2) The President of the Senate shall vacate his office ―
(a) on the dissolution of the Senate by effluxion of time; or
(b) if he becomes a Minister or a Deputy Minister; or
(c) if he is elected or appointed as a senator; or
(d) if he is elected as a member of the House of Assembly or as the Speaker; or
(e) if any circumstances arise that, if he had been a senator ―
(i) the provisions of section _____ would apply to him and his seat as a senator would become vacant; or
(ii) he would be required, by virtue of the provisions of section _____, to cease to exercise any of his functions as a senator.
(3) The office of the President of the Senate shall become vacant if the Senate, by an affirmative vote of not less than two-thirds of the total membership of the Senate, resolves that the office of the President of the Senate shall become vacant.
Deputy President of the Senate
27. (1) As soon as practicable after the election of the President of the Senate in terms of section twenty-five, the Senate shall elect a senator, not being a Minister or a Deputy Minister, to be the Deputy President of the Senate and to be chairman when the Senate is in Committee and, whenever the office of the Deputy President of the Senate becomes vacant, the Senate shall as soon as convenient elect another such senator to that office.
(2) The Deputy President of the Senate shall be elected in accordance with the Standing Orders.
(3) The Deputy President may at any time resign his office by notice in writing to the Clerk to the Senate and shall vacate his office ―
(a) if he ceases to be a senator; or
(b) if he is required by virtue of the provisions of section _____ or _____ to cease to exercise any of his functions as a senator; or
(c) if he becomes a Minister or a Deputy Minister.
PART III
THE HOUSE OF ASSEMBLY
Constitution of House of Assembly
28. The House of Assembly shall be composed of ―
(a) seventy-two 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 thirty-one;
(b) twenty-four specially elected members elected in accordance with the provisions of section thirty-four; and
(c) the Attorney-General.
Elections
29. At any general election of members of the House of Assembly under this Constitution, all polls shall be taken on one and the same day in all the electoral divisions throughout _____, such day to be appointed by the President.
Delimitation of electoral divisions
30. (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 High Court of _____, which shall divide each province into so many electoral divisions that their number bears, as nearly as possible, the same ratio to one seventy-two as, in terms of the current voters’ lists, duly corrected up to the latest possible date, the number of voters in that province bears to the total number of voters in _____.
(2) In dividing a province into electoral divisions in terms of sub-section (1) the said commission shall act in accordance with the provisions of section thirty-one.
Method of dividing provinces into electoral divisions
31. (1) For the purposes of any division of the provinces into electoral divisions, the quota of each province shall be obtained by dividing the total number of voters in the province as ascertained from an examination of the current voters’ lists by the number of members of the House of Assembly to be elected therein.
(2) Each province 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 province.
(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.
Powers and duties of commission for delimiting electoral divisions
32. (1) A commission constituted under the provisions of section thirty 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 provinces 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 provinces.
(4) If any discrepancy arises between the description of the divisions and the aforesaid map or maps, the description shall prevail.
Date from which alteration of electoral divisons takes effect
33. Any alteration in the number of members of the House of Assembly to be elected in the several provinces, and any re-division of the provinces into electoral divisions, shall, in respect of the election of members of the House of Assembly, 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.
Specially elected members
34. (1) For the purpose of filling the twenty-four seats in the House of Assembly referred to in paragraph (b) of section twenty-eight, the total number of votes cast in a general election for these seats shall be divided by twenty-four and the result shall constitute the quota of votes per seat.
(2) The total number of votes cast in favor of a registered political party which offers itself for this purpose shall be divided by the quota of votes per seat and the result shall, subject to subsection (3), constitute the number of seats to which that political party shall be entitled in the House of Assembly.
(3) Where the formula set out in subsection (2) yields a surplus fraction not absorbed by the number of seats allocated to the political party concerned, such surplus shall compete with other similar surpluses accruing to any other political party or parties participating in the election, and any undistributed seat or seats (in terms of the formula set out in subsection (2)) shall be awarded to the party or parties concerned in sequence of the highest surplus.
(4) Subject to the requirements pertaining to the qualification of members of the House of Assembly, a political party which qualifies for seats in terms of subsections (2) and (3) shall be free to choose in its own discretion which persons to nominate as members of the House of Assembly to fill the said seats.
(5) Provision shall be made by Act of Parliament for all parties participating in an election of members of the House of Assembly to be represented at all material stages of the election process and to be afforded a reasonable opportunity for scrutinizing the counting of the votes cast in such election.
vote of no confidence
(1) The President may at any time ―
(a) prorogue Parliament;
(b) dissolve the House of Assembly.
(2) Subject to the provisions of subsection (3), Parliament, unless sooner dissolved, shall continue for five years from the date when the two Houses of Parliament first meet after any dissolution and shall then stand dissolved.
(3) At any time when Lesotho is at war Parliament may from time to time extend the period of five years specified in subsection (2) for not more than twelve months at a time:
Provided that the life of Parliament shall not be extended under this subsection for more than five years.
(4) In the exercise of his powers to dissolve the House of Assembly or prorogue Parliament, the King shall act in accordance with the advice of the Prime Minister:
Provided that -
(a) if the Prime Minister recommends a dissolution and the President considers that the Government of _____ can be carried on without a dissolution and that a dissolution would not be in the interests of _____, he may, acting in accordance with his own discretion, refuse to dissolve the House of Assembly;
(b) if the House of Assembly passes a resolution of no confidence in the Prime Minister and the Prime Minister does not within three days thereafter either resign or advise a dissolution the President may, acting in accordance with his own discretion, dissolve the House of Assembly; and
(c) if the office of Prime Minister is vacant and the President considers that there is no prospect of his being able within a reasonable time to find a person who is the leader of a political party or a coalition of political parties that will command the support of a majority of the members of the House of Assembly, he may, acting in accordance with his own discretion, dissolve the House of Assembly.
(5) A resolution of no confidence in the Prime Minister shall not be effective for the purposes of subsection (4)(b) unless it proposes the name of a member of the House of Assembly for the President to appoint in the place of the Prime Minister.
(1) There shall be a Prime Minister who shall be appointed by the President acting in accordance with the advice of the Council of State.
(2) The President, acting in accordance with his own discretion, shall appoint as Prime Minister the member of the House of Assembly who appears to be the leader of the political party or coalition of political parties that will command the support of a majority of the members of the House of Assembly:
Provided that if occasion arises for making an appointment to the office of Prime Minister while Parliament stands dissolved, a person who was a member of the House of Assembly immediately before the dissolution may be appointed to the office of Prime Minister.
(3) There shall be, in addition to the office of Prime Minister, such other offices of Minister of the Government of _____ (not being less than seven in number and one of which shall be the office of Deputy Prime Minister) as may be established by Parliament or, subject to any provision made by Parliament, by the President, acting in accordance with the advice of the Prime Minister.
(4) The President shall, acting in accordance with the advice of the Prime Minister, appoint the other Ministers from among the members of the House of Assembly:
Provided that if occasion arises for making an appointment to the office of Minister other than Prime Minister while Parliament stands dissolved a person who immediately before the dissolution was a member of the House of Assembly may be appointed to the office of Minister.
(5) The President may remove the Prime Minister from office -
(a) if a resolution of no confidence in the Prime Minister is passed by the House of Assembly in accordance with the provisions of section _____ and the Prime Minister does not within three days thereafter, either resign from his office or advise a dissolution of the House of Assembly; or
(b) if at any time between the holding of a general election to the House of Assembly and the date on which the House of Assembly first meets thereafter, the President considers that, in consequence of changes in the membership of the House of Assembly resulting from that election, the Prime Minister will no longer be the leader of the political party or coalition of political parties that will command the support of a majority of the members of the House of Assembly.
Notwithstanding the provisions of Article 51 of this Constitution, the National Assembly 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 Article.
(2) Subject to the other provisions of this Article, any motion for a vote of no confidence in the Prime Minister shall not be moved in the National Assembly if -
(a) either it has no relation with the discharge of the responsibilities of the Prime Minister in accordance with Article 52 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 Assembly.
(3) A motion for a vote of no confidence in the Prime Minister shall not be passed by the House of Assembly save only if -
(a) a written notice, signed and supported by not less than twenty percentum of all the members of the House of Assembly 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 Assembly;
(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 Article shall be moved before the House of Assembly as soon as possible in accordance with the Standing Orders of the House of Assembly.
(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 Assembly.
(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 Assembly, the Speaker shall submit that resolution to the President, and as soon as possible and in any case within three days from the day the House of Assembly passes the vote of no confidence in the Prime Minister, the Prime Minister shall either resign from his office or advise a dissolution of the House of Assembly.
(7) A vote 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 Assembly for the President to appoint in the place of the Prime Minister.
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LEGISLATIVE LISTS.
===LIST I.
FEDERAL LEGISLATIVE LIST.===
1. His Majesty's naval, military and air forces borne on the Indian establishment and any other armed force raised in India by the Crown, not being forces raised for employment in Indian States or military or armed police maintained by Provincial Governments ; any armed forces which are not forces of His Majesty, but are attached to or operating with any of His Majesty's naval, military or air forces borne on the Indian establishment; central intelligence bureau; preventive detention in British India for reasons of State connected with defence, external affairs, or the discharge of the functions of the Crown in its relations with Indian States.
2. Naval, military and air force works ; local self-government in cantonment areas (not - being cantonment areas of Indian State troops), the regulation of house accommodation in such areas, and, within British India, the delimitation of such areas.
3. External affairs ; the implementing of treaties and agreements with other countries ; extradition, including the surrender of criminals and accused persons to parts of His Majesty's dominions outside India.
4. Ecclesiastical affairs, including European cemeteries.
5. Currency, coinage and legal tender.
6. Public debt of the Federation.
7. Posts and telegraphs, including telephones, wireless, broadcasting, and other like forms of communication; Post Office Savings Bank.
8. Federal Public Services and Federal Public Service Commission.
9. Federal pensions, that is to say, pensions payable by the Federation or out of Federal revenues.
10. Works, lands and buildings vested in, or in the possession of, His Majesty for the purposes of the Federation (not being naval, military or air force works), but, as regards property situate in a Province, subject always to Provincial legislation, save in so far as Federal law otherwise provides, and, as regards property in a Federated State held by virtue of any lease or agreement with that State, subject to the terms of that lease or agreement.
11. The Imperial Library, the Indian Museum, the Imperial War Museum, the Victoria Memorial, and any similar institution controlled or financed by the Federation.
12. Federal agencies and institutes for the following purposes, that is to say, for research, for professional or technical training, or for the promotion of special studies.
13. The Benares Hindu University and the Aligarh Muslim University.
14. The Survey of India, the Geological, Botanical and Zoological Surveys of India; Federal meteorological organisations.
15. Ancient and historical monuments; archaeological sites and remains.
16. Census.
17. Admission into, and emigration and expulsion from, India, including in relation thereto the regulation of the movements in India of persons who are not British subjects domiciled in India, subjects of any Federated State, or British subjects domiciled in the United Kingdom; pilgrimages to places beyond India.
18. Port quarantine; seamen's and marine hospitals, and hospitals connected with port quarantine.
19. Import and export across customs frontiers as defined by the Federal Government.
20. Federal railways; the regulation of all railways other than minor railways in respect of safety, maximum and minimum rates and fares, station and service terminal charges, interchange of traffic and the responsibility of railway administrations as carriers of goods and passengers; the regulation of minor railways in respect of safety and the responsibility of the administrations of such railways as carriers of goods and passengers.
21. Maritime shipping and navigation, including shipping and navigation on tidal waters; Admiralty jurisdiction.
22. Major ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of Port Authorities therein.
23. Fishing and fisheries beyond territorial waters.
24. Aircraft and air navigation; the provision of aerodromes; regulation and organisation of air traffic and of aerodromes.
25. Lighthouses, including lightships, beacons and other provision for the safety of shipping and aircraft.
26. Carriage of passengers and goods by sea or by air.
27. Copyright, inventions, designs, trademarks. and merchandise marks.
28. Cheques, bills of exchange, promissory notes and other like instruments.
29. Arms; firearms; ammunition.
30. Explosives.
31. Opium, so far as regards cultivation and manufacture, or sale for export.
32. Petroleum and other liquids and substances declared by Federal law to be dangerously inflammable, so far as regards possession, storage and transport.
33. Corporations, that is to say, the incorporation, regulation and winding-up of trading corporations, including banking, insurance and financial corporations, but not including corporations owned or controlled by a Federated State and carrying on business only within that State or co-operative societies, and of corporations, whether trading or not, with objects not confined to one unit.
34. Development of industries, where development under Federal control is declared by Federal law to be expedient in the public interest.
35. Regulation of labour and safety in mines and oilfields.
36. Regulation of mines and oilfields and mineral development to the extent to which such regulation and development under Federal control is declared by Federal law to be expedient in the public interest.
37. The law of insurance, except as respects insurance undertaken by a Federated State, and the regulation of the conduct of insurance business, except as respects business undertaken by a Federated State ; Government insurance, except so far as undertaken by a Federated State, or, by virtue of any entry in the Provincial Legislative List or the Concurrent Legislative List, by a Province.
38. Banking, that is to say, the conduct of banking business by corporations other than corporations owned or controlled by a Federated State and carrying on business only within that State.
39. Extension of the powers and jurisdiction of members of a police force belonging to any part of British India to any area in another Governor's Province or Chief Commissioner's Province, but not so as to enable the police of one part to exercise powers and jurisdiction elsewhere without the consent of the Government of the Province or the Chief Commissioner, as the case may be; extension of the powers and jurisdiction of members of a police force belonging to any unit to railway areas outside that unit.
40. Elections to the Federal Legislature, subject to the provisions of this Act and of any Order in Council made thereunder.
41. The salaries of the Federal Ministers, of the President and Vice-President of the Council of State and of the Speaker and Deputy Speaker of the Federal Assembly; the salaries, allowances and privileges of the members of the Federal Legislature; and, to such extent as is expressly authorised by Part II of this Act, the punishment of persons who refuse to give evidence or produce documents before Committees of the Legislature.
42. Offences against laws with respect to any of the matters in this list.
43. Inquiries and statistics for the purposes of any of the matters in this list.
44. Duties of customs, including export duties.
45. Duties of excise on tobacco and other goods manufactured or produced in India except -
(a) alcoholic liquors for human consumption;
(b) opium, Indian hemp and other narcotic drugs and narcotics; non-narcotic drugs;
(c) medicinal and toilet preparations containing alcohol, or any substance included in sub-paragraph (b) of this entry.
46. Corporation tax.
47. Salt.
48. State lotteries.
49. Naturalisation.
50. Migration within India from or into a Governor's Province or a Chief Commissioner's Province.
51. Establishment of standards of weight.
52. Ranchi European Mental Hospital.
53. Jurisdiction and powers of all courts, except the Federal Court, with respect to any of the matters in this list and, to such extent as is expressly authorised by Part IX of this Act, the enlargement of the appellate jurisdiction of the Federal Court, and the conferring thereon of supplemental powers.
54. Taxes on income other than agricultural income.
55. Taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies; taxes on the capital of companies.
56. Duties in respect of succession to property other than agricultural land.
57. The rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, proxies and receipts.
58. Terminal taxes on goods or passengers carried by railway or air; taxes on railway fares and freights.
59. Fees in respect of any of the matters in this list, but not including fees taken in any Court.
===LIST II.
PROVINCIAL. LEGISLATIVE LIST.===
1. Public order (but not including the use of His Majesty's naval, military or air forces in aid of the civil power); the administration of justice; constitution and organisation of all courts, except the Federal Court, and fees taken therein; preventive detention for reasons connected with the maintenance of public order; persons subjected to such detention.
2. Jurisdiction and powers of all courts except the Federal Court, with respect to any of the matters in this list; procedure in Rent and Revenue Courts.
3. Police, including railway and village police.
4. Prisons, reformatories, Borstal institutions and other institutions of a like nature, and persons detained therein; arrangements with other units for the use of prisons and other institutions.
5. Public debt of the Province.
6. Provincial Public Services and Provincial Public Service Commissions.
7. Provincial pensions, that is to say, pensions payable by the Province or out of Provincial revenues.
8. Works, lands and buildings vested in or in the possession of His Majesty for the purposes of the Province.
9. Compulsory acquisition of land.
10. Libraries, museums and other similar institutions controlled or financed by the Province.
11. Elections to the Provincial Legislature, subject to the provisions of this Act and of any Order in Council made thereunder.
12. The salaries of the Provincial Ministers, of the Speaker and Deputy Speaker of the Legislative Assembly, and, if there is a Legislative Council, of the President and Deputy President thereof; the salaries, allowances and privileges of the members of the Provincial Legislature; and, to such extent as is expressly authorised by Part III of this Act, the punishment of persons who refuse to give evidence or produce documents before Committees of the Provincial Legislature.
13. Local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration.
14. Public health and sanitation; hospitals and dispensaries; registration of births and deaths.
15. Pilgrimages, other than pilgrimages to places beyond India.
16. Burials and burial grounds.
17. Education.
18. Communications, that is to say, roads, bridges, ferries, and other means of communication not specified in List I; minor railways subject to the provisions of List I with respect to such railways; municipal tramways; ropeways; inland waterways and traffic thereon subject to the provisions of List III with regard to such waterways; ports, subject to the provisions in List I with regard to major ports; vehicles other than mechanically propelled vehicles.
19. Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power.
20. Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases; improvement of stock and prevention of animal diseases; veterinary training and practice; pounds and the prevention of cattle trespass.
21. Land, that is to say, rights in or over land, land tenures, including the relation of landlord and tenant, and the collection of rents; transfer, alienation and devolution of agricultural land; land improvement and agricultural loans; colonization; Courts of Wards; encumbered and attached estates; treasure trove.
22. Forests.
23. Regulation of mines and oilfields and mineral development subject to the provisions of List I with respect to regulation and development under Federal control.
24. Fisheries.
25. Protection of wild birds and wild animals.
26. Gas and gasworks.
27. Trade and commerce within the Province; markets and fairs; money lending and money lenders.
28. Inns and innkeepers.
29. Production, supply and distribution of goods; development of industries, subject to the provisions in List I with respect to the development of certain industries under Federal control.
30. Adulteration of foodstuffs and other goods; weights and measures.
31. Intoxicating liquors and narcotic drugs, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors, opium and other narcotic drugs, but subject, as respects opium, to the provisions of List I and, as respects poisons and dangerous drugs, to the provisions of List III.
32. Relief of the poor; unemployment.
33. The incorporation, regulation, and winding-up of corporations other than corporations specified in List I; unincorporated trading, literary, scientific, religious and other societies and associations; co-operative societies.
34. Charities and charitable institutions; charitable and religious endowments.
35. Theatres, dramatic performances and cinemas, but not including the sanction of cinematograph films for exhibition.
36. Betting and gambling.
37. Offences against laws with respect of any of the matters in this list.
38. Inquiries and statistics for the purpose of any of the matters in this list.
39. Land revenue, including the assessment and collection of revenue, the maintenance of land records, survey for revenue purposes and records of rights, and alienation of revenue.
40. Duties of excise on the following goods manufactured or produced in the Province and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in India -
(a) alcoholic liquors for human consumption ;
(b) opium, Indian hemp and other narcotic drugs and narcotics; non-narcotic drugs;
(c) medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry.
41. Taxes on agricultural income.
42. Taxes on lands and buildings, hearths and windows.
43. Duties in respect of succession to agricultural land.
44. Taxes on mineral rights, subject to any limitations imposed by any Act of the Federal Legislature relating to mineral development.
45. Capitation taxes.
46. Taxes on professions, trades, callings and employments.
47. Taxes on animals and boats.
48. Taxes on the sale of goods and on advertisements.
49. Cesses on the entry of goods into a local area for consumption, use or sale therein.
50. Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling.
51. The rates of stamp duty in respect of documents other than those specified in the provisions of List I with regard to rates of stamp duty.
52. Dues on passengers and goods carried on inland waterways.
53. Tolls.
54. Fees in respect of any of the matters in this list, but not including fees taken in any Court.
===LIST III.
CONCURRENT LEGISLATIVE LIST.=== PART I.
1. Criminal law, including all matters included in the Indian Penal Code at the date of the passing of this Act, but excluding offences against laws with respect to any of the matters specified in List I or List II and excluding the use of His Majesty's naval, military and air forces in aid of the civil power.
2. Criminal Procedure, including all matters included in the Code of Criminal Procedure at the date of the passing of this Act.
3. Removal of prisoners and accused persons from one unit to another unit.
4. Civil Procedure, including the law of Limitation and all matters included in the Code of Civil Procedure at the date of the passing of this Act; the recovery in a Governor's Province or a Chief Commissioner's Province of claims in respect of taxes and other public demands, including arrears of land revenue and sums recoverable as such, arising outside that Province.
5. Evidence and oaths; recognition of laws, public acts and records and judicial proceedings.
6. Marriage and divorce; infants and minors; adoption.
7. Wills, intestacy, and succession, save as regards agricultural land.
8. Transfer of property other than agricultural land; registration of deeds and documents.
9. Trusts and Trustees.
10. Contracts, including partnership, agency, contracts of carriage, and other special forms of contract, but not including contracts relating to agricultural land.
11. Arbitration.
12. Bankruptcy and insolvency; administrators-general and official trustees.
13. Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty.
14. Actionable wrongs, save in so far as included in laws with respect to any of the matters specified in List I or List II.
15. Jurisdiction and powers of all courts, except the Federal Court, with respect to any of the matters in this list.
16 Legal, medical and other professions.
17. Newspapers, books and printing presses.
18. Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficiency.
19. Poisons and dangerous drugs.
20. Mechanically propelled vehicles.
21. Boilers.
22. Prevention of cruelty to animals.
23. European vagrancy; criminal tribes.
24. Inquiries and statistics for the purpose of any of the matters in this Part of this List.
25. Fees in respect of any of the matters in this Part of this List, but not including fees taken in any Court.
PART II.
26. Factories.
27. Welfare of labour; conditions of labour; provident funds; employers' liability and workmen's compensation; health insurance, including invalidity pensions; old age pensions.
28. Unemployment insurance.
29. Trade unions; industrial and labour disputes.
30. The prevention of the extension from one unit to another of infectious or contagious diseases or pests affecting men, animals or plants.
31. Electricity.
32. Shipping and navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways; carriage of passengers and goods on inland waterways.
33. The sanctioning of cinematograph films for exhibition.
34. Persons subjected to preventive detention under Federal authority.
35. Inquiries and statistics for the purpose of any of the matters in this Part of this List.
36. Fees in respect of any of the matters in this Part of this List, but not including fees taken in any Court.
