Bee you see kay
From Roach Busters
In the Name of God. Amen.
In the faith that the One Eternal God is the source of all
authority, wisdom, justice and morality,
and in humble acknowledgement that we and all mankind are
subject to His Laws;
CHAPTER I
THE KINGDOM AND ITS CONSTITUTION
The Kingdom
1. (1) _____ shall be a sovereign democratic kingdom.
(2) The economy of _____ shall be based on private, communal and tribal ownership and free enterprise.
(3) The territory of _____ shall consist of the districts mentioned in Schedule 1, together with all other land that may lawfully be added thereto.
(4) _____ shall be the seat of government.
(5) _____ is a neutral state actively pursuing peace, security and social progress among all nations by adhering to a policy of non-alignment and refusing to participate in any military alliance. Such a status will, in particular, imply that:
(a) no foreign military base will be permitted on _____ territory;
(b) no military facilities in _____ will be allowed to be used by any foreign forces except at the request of the Government of _____, and only in the following cases:
(i) in the exercise of the inherent right of self-defense in the event of any armed violation of the area over which the Kingdom of _____ has
sovereignty; or
(ii) whenever there exists a threat to the sovereignty, independence, neutrality, unity or territorial integrity of the Kingdom of _____;
(c) except as aforesaid, no other facilities in _____ will be allowed to be used in such manner or extent as will amount to the presence in Malta of a concentration of foreign forces;
(d) except as aforesaid, no foreign military personnel will be allowed on _____ territory, other than military personnel performing, or assisting in the performance of, civil works or activities, and other than a reasonable number of military technical personnel assisting in the defense of the Kingdom of _____.
Sovereignty and guidance of Almighty God acknowledged
2. The people of the Kingdom of _____ acknowledge the sovereignty and guidance of Almighty God.
National Flag
3. There shall be a National Flag of _____ which the design shall be azure blue background, divided diagonally from top right to bottom left by a black stripe the width of which is equal to one-twelfth of the length of the flag in the top left corner a white circular shaped insert with diameter one quarter of the length of the flag and with the center point on an imaginary line bisecting this corner and the diagonal stripe. On this white insert a gold sun with twelve triangular rays.
National Anthem
4. The National Anthem of the Kingdom shall be “_____”.
Languages
5. _____ and English shall be the official languages of _____.
Supremacy of Constitution
6. (1) This Constitution shall be the supreme law of _____.
(2) Any law, passed before or after the commencement of this Constitution, which is inconsistent with the provisions of this Constitution, shall, to the extent in which such an inconsistency exists, be void.
The Legislature
PART II
THE SENATE
Constitution of Senate
17. (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 Parliament.
(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.
Failure to choose senators
The Senate may proceed to the dispatch of business, notwithstanding the failure of any State to provide for its representation in the Senate.
Rotation of senators
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.
Qualifications of senator
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.
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) upon his death; 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) upon his death; or
(b) if he ceases to be a senator; or
(c) if he is required by virtue of the provisions of section _____ or _____ to cease to exercise any of his functions as a senator; or
(d) if he becomes a Minister or a Deputy Minister.
Vacancy
(1) The seat of a senator shall become vacant ―
(a) upon his death; or
(b) if, by writing under his hand, addressed to the Clerk to the Senate, he resigns his seat; or
(c) if he is required by virtue of the provisions of section _____ or _____ 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 the Clerk to the Senate 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.
Clerk to the Senate
(1) There shall be a Clerk to the Senate who shall be appointed by the President acting in accordance with the advice of the Public Service Commission.
(2) The office of the Clerk to the Senate and the offices of the members of his staff shall be public offices.
Quorum
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.
Voting in Senate
(1) Questions arising in the Senate shall be determined by a majority of votes, and each senator shall have one vote.
(2) The President of the Senate shall have neither an original vote nor a casting vote and if upon any question before the Senate the votes are equally divided the motion shall be lost.
The States
Part I
The Executive
Governors of States
1. There shall be for each State of the Federation a Governor.
Executive power of State
2. (1) The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through offices subordinate to him in accordance with this Constitution.
(2) Nothing in this article shall —
(a) be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or
(b) prevent Parliament or the Legislative Assembly of the State from conferring by law functions on any authority subordinate to the Governor.
Appointment of Governor
3. The appointment of a person to the office of Governor shall be made by the President subject to confirmation of such appointment by the Senate.
Term of office of a Governor
4. (1) The Governor shall hold office during the pleasure of the President.
(2) The Governor may, by writing under his hand addressed to the President, resign his office.
(3) Subject to the foregoing provisions of this section, a Governor shall hold office for a term of five years from the date on which he enters upon his office:
Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
Qualifications for appointment as Governor
5. No person shall be eligible for appointment as Governor unless he is qualified to be elected as a member of the Senate.
Conditions of Governor's office
6. (1) The Governor shall not be a member of either house of Parliament or of a house of the Legislative Assembly of any State, and if a member of either house of Parliament or of a house of the Legislative Assembly of any such State be appointed Governor, he shall be deemed to have vacated his seat in that house on the date on which he enters upon his office as Governor.
(2) The Governor shall not hold any other office of profit.
(3) The Governor shall be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law.
(4) The emoluments and allowances of the Governor shall not be diminished during his term of office.
Oath of office
7. Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Judge of the State, or, in his absence, the senior most Judge of the High Court of the State, such oath as may be prescribed by Parliament.
Discharge of the functions of the Governor in certain contingencies
8. The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter.
Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
9. The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offense against any law relating to a matter to which the executive power of the State extends.
Extent of executive power of State
10. Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislative Assembly of the State has power to make laws:
Provided that in any matter with respect of which the Legislative Assembly of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Federation or authorities thereof.
Executive Committee to aid and advise Governor
11. There shall be an Executive Committee with the Chief Minister at the head to aid and advise the Governor in the exercise of his function, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.
(2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
(3) The question whether any, and if so what, advice was tendered by members of the Executive Committee to the Governor shall not be inquired into in any court.
Other provisions as to members of Executive Committee
12. The Chief Minister shall be appointed by the Governor and the other members of the Executive Committee shall be appointed by the Governor on the advice of the Chief Minister, and the member of the Executive Committee shall hold office during the pleasure of the Governor.
(2) The Executive Committee shall be collectively responsible to the House of Delegates of the State.
(3) Before a member of the Executive Committee enters upon his office, the Governor shall administer to him such oath for the due execution of his office as may be prescribed by Parliament.
(4) A member of the Executive Committee who for any period of six consecutive months is not a member of the House of Delegates of the State shall at the expiration of that period cease to be a member of the Executive Committee.
(4) The salaries and allowances of members of the Executive Committee shall be such as the Legislative Assembly of the State may from time to time by law determine.
Advocate-General of the State
13. (1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State.
(2) It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.
(3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine.
Conduct of business of the Government of a State
14. (1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.
(2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.
(3) The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among members of the Executive Committee of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion.
Duties of Chief Minister as respects the furnishing of information to Governor, etc.
15. It shall be the duty of the Chief Minister of each State —
(a) to communicate to the Governor of the State all decision of the Executive Committee relating to the administration of the affairs of the State and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for; and
(c) if the Governor so requires, to submit for the consideration of the Executive Committee any matter of which a decision has been taken by a member of the Executive Committee but which has not been considered by the Executive Committee.
Part I
The State Legislature
Constitution of Legislatures in States
16. (1) For every State there shall be a Legislature which shall consist of the Governor and the Legislative Assembly.
(2) The Legislative Assembly of a State shall consist of a Legislative Council and a House of Delegates.
Composition of the Legislative Council
17. (1) The total number of members in the Legislative Council of a State shall not exceed one-third of the total number of members in the House of Delegates of that State.
(2) The Legislative Council shall consist of members directly chosen by the people of the State, voting, until Parliament otherwise provides, as one electorate.
(3) The members of the Legislative Council shall be elected on the system of proportional representation by means of the single transferable vote.
(4) No person shall be eligible for election as member of the Legislative Council unless he is qualified to be elected as a member of the Senate.
Composition of the House of Delegates
18. (1) The total number of members in the House of Delegates of a State shall be the same number of members as are elected in the State for the House of Assembly:
Provided that, in any State whose representatives in the House of Assembly shall be less than thirty in number, the House of Delegates shall consist of thirty members.
(2) Any person qualified to vote for the election of members of the provincial council shall be qualified to be a member of such council.
(3) The members of the House of Delegates shall be elected by the persons qualified to vote for the election of members of the House of Assembly in the State voting in the same electoral divisions as are delimited for the election of members of the House of Assembly:
Provided that, in any State in which less than thirty members are elected to the House of Assembly, the delimitation of the electoral divisions, and any necessary re-allocation of members or adjustment of elections, shall be effected by the same commission and on the same principles as are prescribed in regard to the electoral divisions for the House of Assembly.
(4) Any alteration in the number of members of the House of Delegates, and any re-division of the State into electoral divisions, shall come into operation at the next general election for such House of Delegates held after the completion of such re-division, or of any allocation consequent upon such alteration, and not earlier.
(5) The election shall take place at such times as the Governor shall by proclamation direct, and the provisions of section _____ applicable to the election of members of the House of Assembly shall mutatis mutandis apply to such elections.
(6) No person shall be eligible for election as member of the House of Delegates unless he is qualified to be elected as a member of the Senate.
