1973 constitution essay

Constitution of the Philippines (1973)

Source: Official Gazette . Vol. 69, No. 4. Office of the President. 1973. pp. 592-25–592-59.

The New CONSTITUTION of the Republic of the Philippines

We, the sovereign Filipino people, imploring the aid of Divine Providence, in order to establish a Government that shall embody our ideals, promote the general welfare, conserve and develop the patrimony of our Nation, and secure to ourselves and our posterity the blessings of democracy under a regime of justice, peace, liberty, and equality, do ordain and promulgate this Constitution.

Article I THE NATIONAL TERRITORY

Section 1. The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all the other territories belonging to the Philippines by historic right or legal title, including the territorial sea, the air space, the subsoil, the sea-bed, the insular shelves, and the submarine areas over which the Philippines has sovereignty or jurisdiction. The waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the Philippines.

Article II DECLARATION OF PRINCIPLES AND STATE POLICIES

Section 1. The Philippines is a republican state. Sovereignty resides in the people and all government authority emanates from them.

Sec. 2. The defense of the State is the prime duty of the Government and the people, and in the fulfillment of this duty all citizens may be required by law to render personal military or civil service.

Sec. 3. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

Sec. 4. The State shall strengthen the family as a basic social institution. The natural right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the aid and support of the Government.

Sec. 5. The State recognizes the vital role of the youth in nation-building and shall promote their physical, intellectual and social well-being.

Sec. 6. The State shall promote social justice to ensure the dignity, welfare, and security of all the people. Towards this end, the State shall regulate the acquisition, ownership, use, enjoyment, and disposition of private property, and equitably diffuse property ownership and profits.

Sec. 7. The State shall establish, maintain, and ensure adequate social services in the field of education, health, housing, employment, welfare, and social security to guarantee the enjoyment of the people of a decent standard of living.

Sec. 8. Civilian authority is at all times supreme over the military.

Sec. 9. The State shall afford protection to labor, promote full employment and equality in employment, ensure equal work opportunities regardless of sex, race, or creed, and regulate the relation between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work. The State may provide for compulsory arbitration.

Sec. 10. The State shall guarantee and promote the autonomy of local government units, especially the barrio, to ensure their fullest development as self-reliant communities.

Article III CITIZENSHIP

Section 1. The following are citizens of the Philippines:

(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution.

(2) Those whose fathers and mothers are citizens of the Philippines.

(3) Those who elect Philippine citizenship pursuant to the provisions of the Constitution of nineteen hundred and thirty-five.

(4) Those who are naturalized in accordance with law.

Sec. 2. A female citizen of the Philippines who marries an alien retains her Philippine citizenship, unless by her act or omission she is deemed, under the law, to have renounced her citizenship.

Sec. 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

Sec. 4. A natural-born citizen is one who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his Philippine citizenship.

Article IV BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

Sec. 2. Private property shall not be taken for public use without just compensation.

Sec. 3. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall not be violated, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined by the judge, or such other responsible officer as may be authorized by law, after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched, and the persons or things to be seized.

Sec. 4. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety and order require otherwise.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

Sec. 5. The liberty of abode and of travel shall not be impaired except upon lawful order of the court, or when necessary in the interest of national security, public safety, or public health.

Sec. 6. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, shall be afforded the citizen subject to such limitations as may be provided by law.

Sec. 7. The right to form associations or societies for purposes not contrary to the law shall not be abridged.

Sec. 8. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.

Sec. 9. No law shall be passed abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances.

Sec. 10. No law granting a title of royalty or nobility shall be enacted.

Sec. 11. No law impairing the obligation of contracts shall be passed.

Sec. 12. No ex post facto law or bill of attainder shall be enacted.

Sec. 13. No person shall be imprisoned for debt or non-payment of a poll tax.

Sec. 14. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.

Sec. 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion, insurrection, or rebellion, or imminent danger thereof, when the public safety requires it.

Sec. 16. All persons shall have the right to a speedy disposition of their cases in all judicial, quasi-judicial, or administrative bodies.

Sec. 17. No person shall be held to answer for a criminal offense without due process of law.

Sec. 18. All persons, except those charged with capital offenses when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties. Excessive bail shall not be required.

Sec. 19. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustified.

Sec. 20. No person shall be compelled to be a witness against himself. Any person under investigation for the commission of an offense shall have the right to remain silent and to counsel, and to be informed of such right. No force, violence, threat, intimidation, or any other means which vitiates the free will shall be used against him. Any confession obtained in violation of this section shall be inadmissible in evidence.

Sec. 21. Excessive fines shall not be imposed, nor cruel or unusual punishment inflicted.

Sec. 22. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.

Sec. 23. Free access to the courts shall not be denied to any person by reason of poverty.

Article V DUTIES AND OBLIGATIONS OF CITIZENS

Section 1. It shall be the duty of the citizen to be loyal to the Republic and to honor the Philippine flag, to defend the State and contribute to its development and welfare, to uphold the Constitution and obey the laws, and to cooperate with the duly constituted authorities in the attainment and preservation of a just and orderly society.

Sec. 2. The rights of the individual impose upon him the correlative duty to exercise them responsibly and with due regard for the rights of others.

Sec. 3. It shall be the duty of every citizen to engage in gainful work to assure himself and his family a life worthy of human dignity.

Sec. 4. It shall be the obligation of every citizen qualified to vote to register and cast his vote.

Article VI SUFFRAGE

Section 1. Suffrage shall be exercised by citizens of the Philippines not otherwise disqualified by law, who are eighteen years of age or over, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage. The National Assembly shall provide a system for the purpose of securing the secrecy and sanctity of the vote.

Article VII THE PRESIDENT

Section 1. The President shall be the symbolic head of state.

Sec. 2. The President shall be elected from among the Members of the National Assembly by a majority vote of all its Members for a term of six years from the date he takes his oath of office, which shall not be later than three days after his proclamation by the National Assembly, nor in any case earlier than the expiration of the term of his predecessor. Upon taking his oath of office, the President shall cease to be a Member of the National Assembly and of any political party. He shall be ineligible to hold any other elective office during his term.

Sec. 3. No person may be elected President unless he is at least fifty years of age on the day of his election as President, and a resident of the Philippines for at least ten years immediately preceding such election. However, if no Member of the National Assembly is qualified or none of those qualified is a candidate for President, any Member thereof may be elected President.

Sec. 4. (1) The President shall have an official residence and shall receive a compensation to be fixed by law, which shall not be increased or decreased during his term of office. He shall not receive during his tenure any other emolument from the Government or any other source. Until the National Assembly shall provide otherwise, the President shall receive an annual salary of one hundred thousand pesos.

(2) The President shall not, during his tenure, hold any appointive office, practice any profession, participate directly or indirectly in the management of any business, or be financially interested directly or indirectly in any contract with, or in any franchise or special privilege granted by, the Government or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation.

Sec. 5. In case of permanent disability, death, removal from office, or resignation of the President, the Speaker of the National Assembly shall act as President until a successor has been elected for the unexpired portion of the term of the President.

Sec. 6. The President shall have the following duties and functions:

(1) Address the National Assembly at the opening of its regular session.

(2) Proclaim the election of the Prime Minister.

(3) Dissolve the National Assembly and call for a general election as provided herein.

(4) Accept the resignation of the Cabinet as provided herein.

(5) Attest to the appointment or cessation from office of Members of the Cabinet, and of other officers as may be provided by law.

(6) Appoint all officers and employees in his office in accordance with the Civil Service Law.

(7) Perform such other duties and functions of state as may be provided by law.

Sec. 7. The President shall be immune from suit during his tenure.

Article VIII THE NATIONAL ASSEMBLY

Section 1. The Legislative power shall be vested in a National Assembly.

Sec. 2. The National Assembly shall be composed of as many Members as may be provided by law to be apportioned among the provinces, representative districts, and cities in accordance with the number of their respective inhabitants and on the basis of a uniform and progressive ratio. Each district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Representative districts or provinces already created or existing at the time of the ratification of this Constitution shall have at least one Member each.

Sec. 3. (1) The Members of the National Assembly shall be elected by the qualified electors in their respective districts for a term of six years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election.

(2) In case the National Assembly is dissolved, the newly elected Members shall serve the unexpired portion of the term from the time the Prime Minister convokes the Assembly, which shall not be later than thirty days immediately following the elections.

Sec. 4. No person shall be a Member of the National Assembly unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election.

Sec. 5. (1) Unless otherwise provided by law, the regular election of Members of the National Assembly shall be held on the second Monday of May every six years thereafter.

(2) In case a vacancy arises in the National Assembly one year or more before a regular election, the Commission on Elections shall call a special election to be held within sixty days after the vacancy occurs.

Sec. 6. The National Assembly shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. It may recess for periods not exceeding thirty days each, and not more than ninety days during the year. However, it may be called to session at any time by the Prime Minister to consider such subjects or legislation as he may designate.

Sec. 7. (1) The National Assembly, shall, by a majority vote of all its Members, elect its Speaker from the Members thereof. It shall choose such other officers as it may deem necessary.

The election of the President and the Prime Minister shall precede all other business following the election of the Speaker.

(2) A majority of the National Assembly shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as the National Assembly may provide.

(3) The National Assembly may determine the rules of its proceedings, punish its Members for disorderly behavior, and with the concurrence of two-thirds of all its Members, suspend or expel a Member, but if the penalty is suspension, this shall not exceed sixty days.

(4) The National Assembly shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal.

Sec. 8. (1) Unless otherwise provided by law, each Member of the National Assembly shall receive an annual salary of sixty thousand pesos. The Speaker of the National Assembly shall receive an annual salary of seventy-five thousand pesos. No increase in salary shall take effect until after the expiration of the term of the Members of the National Assembly approving such increase.

(2) The records and books of accounts of the National Assembly shall be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually the itemized expenditures for each Member.

Sec. 9. A Member of the National Assembly shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest during his attendance at its sessions, and in going to and returning from the same; but the National Assembly shall surrender the Member involved to the custody of the law within twenty-four hours after its adjournment for a recess or its next session, otherwise such privilege shall cease upon its failure to do so. A Member shall not be questioned or held liable in any other place for any speech or debate in the Assembly or in any committee thereof.

Sec. 10. A Member of the National Assembly shall not hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations, during his tenure except that of Prime Minister or Member of the Cabinet. Neither shall he be appointed to any civil office which may have been created or the emoluments thereof increased while he was a Member of the National Assembly.

Sec. 11. No Member of the National Assembly shall appear as counsel before any court inferior to a court with appellate jurisdiction, before any court in any civil case wherein the Government, or any subdivision, agency, or instrumentality thereof is the adverse party, or before any administrative body. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by, the Government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation, during his term of office. He shall not intervene in any matter before any office of the Government for his pecuniary benefit.

Sec. 12. (1) There shall be a question hour at least once a month or as often as the Rules of the National Assembly may provide, which shall be included in its agenda, during which the Prime Minister or any Minister may be required to appear and answer questions and interpellations by Members of the National Assembly. Written questions shall be submitted to the Speaker at least three days before a scheduled question hour. Interpellations shall not be limited to the written questions, but may cover matters related thereto. The agenda shall specify the subjects of the question hour. When the security of the State so requires and the Prime Minister so states in writing, the question hour shall be conducted in executive session.

(2) The National Assembly or any of its committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in such inquiries shall be respected.

Sec. 13. (1) The National Assembly may withdraw its confidence from the Prime Minister only by electing a successor by a majority vote of all its Members. No motion for the election of such successor shall be debated and voted upon until after the lapse of three days from the submittal of such motion.

(2) The Prime Minister may advise the President in writing to dissolve the National Assembly whenever the need arises for a popular vote of confidence on fundamental issues, but not on a matter involving his own personal integrity. Whereupon, the President shall dissolve the National Assembly not earlier than five days nor later than ten days from his receipt of the advice, and call for an election on a date set by the Prime Minister which shall not be earlier than forty-five days nor later than sixty days from the date of such dissolution. However, no dissolution of the National Assembly shall take place within nine months immediately preceding a regular election or within nine months immediately following any general election.

(3) In case of dissolution of the National Assembly or the termination of its regular term, the incumbent Prime Minister and the Cabinet shall continue to conduct the affairs of government until the new National Assembly is convoked and a Prime Minister is elected and has qualified.

Sec. 14. (1) Except as otherwise provided in this Constitution, no treaty shall be valid and effective unless concurred in by a majority of all the Members of the National Assembly.

(2) The National Assembly, by a vote of two-thirds of all its Members, shall have the sole power to declare the existence of a state of war.

Sec. 15. In times of war or other national emergency, the National Assembly may by law authorize the Prime Minister, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the National Assembly, such powers shall cease upon its next adjournment.

Sec. 16. (1) The Prime Minister shall submit to the National Assembly within thirty days from the opening of each regular session, as the basis of the general appropriations bill, a budget of receipts based on existing and proposed revenue measures, and of expenditures. The form, content, and manner of preparation of the budget shall be prescribed by law.

(2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.

(3) The procedure in approving appropriations for the National Assembly shall strictly follow the procedure for approving appropriations for other departments and agencies.

(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified to by the National Treasurer, or to be raised by a corresponding revenue proposal included therein.

(5) No law shall be passed authorizing any transfer of appropriations; however, the Prime Minister, the Speaker, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may by law be authorized to augment any item in the general appropriations law for their respective offices from saving in other items of their respective appropriations.

(6) If, by the end of the fiscal year, the National Assembly shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed re-enacted and shall remain in force and effect until the general appropriations bill is passed by the National Assembly.

Sec. 17. (1) The rule of taxation shall be uniform and equitable. The National Assembly shall evolve a progressive system of taxation.

(2) The National Assembly may by law authorize the Prime Minister to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts.

(3) Charitable institutions, churches, personages or convents appurtenant thereto, mosques and non-profit cemeteries, and all lands, buildings and improvements actually, directly, and exclusively used for religious or charitable purposes shall be exempt from taxation.

(4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the National Assembly.

Sec. 18. (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.

(2) No public money or property shall ever be appropriated, applied, paid, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.

Sec. 19. (1) Every bill shall embrace only one subject which shall be expressed in the title thereof.

(2) No bill shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to the Members three days before its passage, except when the Prime Minister certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

(3) No bill except those of local application shall be calendared without the prior recommendation of the Cabinet.

Sec. 20. (1) Every bill passed by the National Assembly shall, before it becomes a law, be presented to the Prime Minister. If he approves the same he shall sign it; otherwise, he shall veto it and return the same with his objections to the National Assembly. The bill may be reconsidered by the National Assembly and, if approved by two-thirds of all its Members, shall become a law. The Prime Minister shall act on every bill passed by the National Assembly within thirty days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it.

(2) The Prime Minister shall have the power to veto any particular item or items in appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.

Article IX THE PRIME MINISTER AND THE CABINET

Section 1. The Executive power shall be exercised by the Prime Minister with the assistance of the Cabinet. The Cabinet, headed by the Prime Minister, shall consist of the heads of ministries as provided by law. The Prime Minister shall be the head of the Government.

Sec. 2. The Prime Minister and the Cabinet shall be responsible to the National Assembly for the program of government and shall determine the guidelines of national policy.

Sec. 3. The Prime Minister shall be elected by a majority of all the Members of the National Assembly from among themselves.

Sec. 4. The Prime Minister shall appoint the Members of the Cabinet who shall be the heads of ministries, at least a majority of whom shall come from the National Assembly. Members of the Cabinet may be removed at the discretion of the Prime Minister.

Sec. 5. (1) The Prime Minister shall appoint the Deputy Prime Minister from among the Members of the National Assembly. The Deputy Prime Minister shall head a ministry and shall perform such other functions as may be assigned to him by the Prime Minister.

(2) The Prime Minister shall also appoint the Deputy Ministers who shall perform such functions as may be assigned to them by law or by the respective heads of ministries.

Sec. 6. The Prime Ministers and the Members of the Cabinet, on assuming office, shall take the following oath or affirmation:

Sec. 7. The salaries and emoluments of the Prime Minister and the Members of the Cabinet shall be fixed by law which shall not be increased or decreased during their tenure of office. Until otherwise provided by law, the Prime Minister shall receive the same salary as that of the President.

Sec. 8. The Prime Minister and the Members of the cabinet shall be subject to the provisions of Sections ten and eleven of Article Eight hereof and may not appear as counsel before any court or administrative body, or participate in the management of any business, or practice any profession.

Sec. 9. The Prime Minister or any Member of the Cabinet may resign for any cause without vacating his seat in the National Assembly.

Sec. 10. The Prime Minister shall, at the beginning of each regular session of the National Assembly and from time to time thereafter, present the program of government and recommend for the consideration of the National Assembly such measures as he may deem necessary and proper.

Sec. 11. The Prime Minister shall have control of all ministries.

Sec. 12. The Prime Minister shall be commander-in-chief of all armed forces of the Philippines, and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion, insurrection, or rebellion. In case of invasion, insurrection, or rebellion, or imminent danger thereof, when the public safety requires it, he may suspend the privilege of the writ of habeas corpus , or place the Philippines or any part thereof under martial law.

Sec. 13. The Prime Minister shall appoint the heads of bureaus and offices, the officers of the armed forces of the Philippines from the rank of brigadier general or commodore, and all other officers of the Government whose appointments are not herein otherwise provided for, and those whom he may be authorized by law to appoint. However, the National Assembly may by law vest in Members of the Cabinet, courts, heads of agencies, commissions, and boards the power to appoint inferior officers in their respective offices.

Sec. 14. The Prime Minister may, except in cases of impeachment, grant reprieves, commutations, and pardons, remit fines and forfeitures, after final conviction, and with the concurrence of the National Assembly, grant amnesty.

Sec. 15. The Prime Minister may contract and guarantee foreign and domestic loans on behalf of the Republic of the Philippines, subject to such limitations as may be provided by law.

Sec. 16. All powers vested in the President of the Philippines under the nineteen hundred and thirty-five Constitution and the laws of the land which are not herein provided for or conferred upon any official shall be deemed, and are hereby, vested in the Prime Minister, unless the National Assembly provides otherwise.

Article X THE JUDICIARY

Section 1. The Judicial power shall be vested in one Supreme Court and in such inferior courts as may be established by law. The National Assembly shall have the power to define, prescribe, and apportion the jurisdiction of the various courts, but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section five thereof.

Sec. 2. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in two divisions.

(2) All cases involving the constitutionality of a treaty, executive agreement, or law shall be heard and decided by the Supreme Court en banc , and no treaty, executive agreement, or law may be declared unconstitutional without the concurrence of at least ten Members. All other cases, which under its rules are required to be heard en banc , shall be decided with the concurrence of at least eight Members.

(3) Cases heard by a division shall be decided with the concurrence of at least five Members, but if such required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the Court in a decision rendered en banc or in division may be modified or reversed except by the Court sitting en banc .

Sec. 3. (1) No person shall be appointed Member of the Supreme Court unless he is a natural-born citizen of the Philippines, at least forty years of age, and has for ten years or more been a judge of a court of record or engaged in the practice of law in the Philippines.

(2) The National Assembly shall prescribe the qualifications of judges of inferior courts, but no person may be appointed judge thereof unless he is a natural-born citizen of the Philippines and a member of the Philippine Bar.

Sec. 4. The Members of the Supreme Court and judges of inferior courts shall be appointed by the Prime Minister.

Sec. 5. The Supreme Court shall have the following powers:

(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers, and consuls, and over petitions for certiorari , prohibition, mandamus , quo warranto , and habeas corpus .

(3) Assign temporarily judges of inferior courts to other stations as public interest may require. Such temporary assignment shall not last longer than six months without the consent of the judge concerned.

(4) Order a change of venue or place of trial to avoid a miscarriage of justice.

(5) Promulgate rules concerning pleading, practice, and procedure in all courts, the admission to the practice of law, and the integration of the Bar, which, however, may be repealed, altered, or supplemented by the National Assembly. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights.

(6) Appoint its officials and employees in accordance with the Civil Service Law.

Sec. 6. The Supreme Court shall have administrative supervision over all courts and the personnel thereof.

Sec. 7. The Members of the Supreme Court and judges of inferior courts shall hold office during good behavior until they reach the age of sixty-five years or become incapacitated to discharge the duties of their office. The Supreme Court shall have the power to discipline judges of inferior courts and, by a vote of at least eight Members, order their dismissal.

Sec. 8. The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall be reached in consultation before the case is assigned to a Member for the writing of the opinion of the Court. Any Member dissenting from a decision shall state the reasons for his dissent. The same requirements shall be observed by all inferior collegiate courts.

Sec. 9. Every decision of a court of record shall clearly and distinctly state the facts and the law on which it is based. The Rules of Court shall govern the promulgation of minute resolutions.

Sec. 10. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges of inferior courts shall be fixed by law, which shall not be decreased during their continuance in office. Until the National Assembly shall provide otherwise, the Chief Justice shall receive an annual salary of seventy-five thousand pesos, and each Associate Justice, sixty thousand pesos.

Sec. 11. (1) Upon the effectivity of this Constitution, the maximum period within which a case or matter shall be decided or resolved from the date of its submission, shall be eighteen months for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all inferior collegiate courts, and three months for all other inferior courts.

(2) With respect to the Supreme Court and other collegiate appellate courts, when the applicable maximum period shall have lapsed without the rendition of the corresponding decision or resolution, because the necessary vote cannot be had, the judgment, order, or resolution appealed from shall be deemed affirmed, except in those cases where a qualified majority is required and in appeals from judgments of conviction in criminal cases; and in original special civil actions and proceedings for habeas corpus , the petition in such cases shall be deemed dismissed; and a certification to this effect signed by the Chief Magistrate of the court shall be issued and a copy thereof attached to the record of the case.

Sec. 12. The Supreme Court shall, within thirty days from the opening of each regular session of the National Assembly, submit to the President, the Prime Minister, and the National Assembly an annual report on the operations and activities of the Judiciary.

Article XI LOCAL GOVERNMENT

Section 1. The territorial and political subdivisions of the Philippines are the provinces, cities, municipalities, and barrios.

Sec. 2. The National Assembly shall enact a local government code which may not thereafter be amended except by a majority vote of all its Members, defining a more responsive and accountable local government structure with an effective system of recall, allocating among the different local government units their powers, responsibilities, and resources, and providing for the qualifications, election and removal, term, salaries, powers, functions, and duties of local officials, and all other matters relating to the organization and operation of the local units. However, any change in the existing form of local government shall not take effect until ratified by a majority of the votes cast in a plebiscite called for the purpose.

Sec. 3. No province, city, municipality, or barrio may be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the local government code, and subject to the approval by a majority of the votes cast in a plebiscite in the unit or units affected.

Sec. 4. (1) Provinces with respect to component cities and municipalities, and cities and municipalities with respect to component barrios, shall ensure that the acts of their component units are within the scope of their assigned powers and functions. Highly urbanized cities, as determined by standards established in the local government code, shall be independent of the province.

(2) Local government units may group themselves, or consolidate or coordinate their efforts, services, and resources for purposes commonly beneficial to them.

Sec. 5. Each local government unit shall have the power to create its own sources of revenue and to levy taxes, subject to limitations as may be provided by law.

Article XII THE CONSTITUTIONAL COMMISSIONS

A. COMMON PROVISIONS

Section 1. The Constitutional Commissions shall be the Civil Service Commission, the Commission on Elections, and the Commission on Audit.

Sec. 2. Unless otherwise provided by law, the Chairman and each Commissioner of a Constitutional Commission shall receive an annual salary of sixty thousand pesos and fifty thousand pesos, respectively, which shall not be decreased during their continuance in office.

Sec. 3. No Member of a Constitutional Commission shall, during his tenure in office, engage in the practice of any profession or in the management of any business, or be financially interested directly or indirectly in any contract with, or in any franchise or privilege granted by, the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations.

Sec. 4. The Constitutional Commissions shall appoint their officials and employees in accordance with the Civil Service Law.

B. THE CIVIL SERVICE COMMISSION

Section 1. (1) The Civil Service embraces every branch, agency, subdivision, and instrumentality of the Government, including every government-owned or controlled corporation. It shall be administered by an independent Civil Service Commission composed of a Chairman and two Commissioners, who shall be natural-born citizens of the Philippines, and at the time of their appointment, are at least thirty-five years of age and holders of a college degree, and must not have been candidates for any elective position in the election immediately preceding their appointment. The Chairman and the Commissioners shall be appointed by the Prime Minister for a term of seven years without reappointment. Of the Commissioners first appointed, one shall hold office for seven years, another for five years, and the third for three years. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor.

(2) The Commission shall, subject to such limitations as may be provided by law, established a career service and adopt measures to promote morale, efficiency, and integrity in the Civil Service.

Sec. 2. Appointments in the Civil Service, except as to those which are policy-determining, primarily confidential, or highly technical in nature, shall be made only according to merit and fitness, to be determined as far as practicable by competitive examination.

Sec. 3. No officer or employee in the Civil Service shall be suspended or dismissed except for cause provided by law.

Sec. 4. (1) No elective official shall be eligible for appointment to any office or position during his term of office.

(2) No candidate who lost an election shall be eligible for appointment or reappointment to any office in the Government, or in any government-owned or controlled corporation, within one year following such election.

Sec. 5. No officer or employee in the Civil Service, including members of the armed forces, shall engage directly or indirectly in any partisan political activity or take part in any election except to vote.

Sec. 6. The National Assembly shall provide for the standardization of compensation of government officials and employees, including those in government-owned and controlled corporations, taking into account the nature of the responsibilities pertaining to, and the qualifications required for, the positions concerned.

C. THE COMMISSION ON ELECTIONS

Section 1. (1) There shall be an independent Commission on Elections composed of a Chairman and eight Commissioners, who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age and holders of college degree. However, a majority thereof, including the Chairman, shall be Members of the Philippine Bar who have been engaged in the practice of law for at least ten years.

(2) The Chairman and the Commissioners shall be appointed by the Prime Minister for a term of seven years without reappointment. Of the Commissioners first appointed, three shall hold office for seven years, three for five years, and the last three for three years. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor.

Sec. 2. The Commission on Elections shall have the following powers and functions:

(1) Enforce and administer all laws relative to the conduct of elections.

(2) Be the sole judge of all contests relating to the elections, returns, and qualifications of all Members of the National Assembly and elective provincial and city officials.

(3) Decide, save those involving the right to vote, administrative questions affecting elections, including the determination of the number and location of polling places, the appointment of election officials and inspectors, and the registration of voters.

(4) Deputize, with the consent or at the instance of the Prime Minister, law enforcement agencies and instrumentalities of the Government, including the armed forces of the Philippines, for the purpose of ensuring free, orderly, and honest elections.

(5) Register and accredit political parties subject to the provisions of Section eight hereof.

(6) Recommend to the National Assembly effective measures to minimize election expenses and prohibit all forms of election frauds and malpractices, political opportunism, guest or nuisance candidacy, or other similar acts.

(7) Submit to the President, Prime Minister, and the National Assembly a report on the conduct and manner of each election.

(8) Perform such other functions as may be provided by law.

Sec. 3. The Commission on Elections may sit en banc or in three divisions. All election cases may be heard and decided by divisions, except contests involving Members of the National Assembly, which shall be heard and decided en banc . Unless otherwise provided by law, all election cases shall be decided within ninety days from the date of their submission for decision.

Sec. 4. The Commission may recommend to the Prime Minister the removal of, or any other disciplinary action against, any officer or employee it has deputized, for violation or disregard of, or disobedience to its decision, order, or directive.

Sec. 5. The enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants, special privileges, or concessions granted by the Government, or any subdivision, agency or instrumentality thereof, including any government-owned or controlled corporation, may be supervised or regulated by the Commission during the election period for the purpose of ensuring free, orderly, and honest elections.

Sec. 6. Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of election and shall end thirty days thereafter.

Sec. 7. No pardon, parole, or suspension of sentence for violation of the law or rules and regulations concerning elections shall be granted without the recommendation of the Commission.

Sec. 8. A political party shall be entitled to accreditation by the Commission if, in the immediately preceding election, such party has obtained at least the third highest number of votes cast in the constituency to which it seeks accreditation. No religious sect shall be registered as a political party, and no political party which seeks to achieve its goals through violence or subversion shall be entitled to accreditation.

Sec. 9. (1) Bona fide candidates for any public office shall be free from any form of harassment and discrimination.

(2) No party or candidate shall have membership in the registration board, board of election inspectors, board of canvassers, or other similar bodies.

Sec. 10. No elective public officer may change his political party affiliation during his term of office, and no candidate for any elective public office may change his political party affiliation within six months immediately preceding or following an election.

Sec. 11. Any decision, order, or ruling of the Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from his receipt of a copy thereof.

D. THE COMMISSION ON AUDIT

Section 1. (1) There shall be an independent Commission on Audit composed of a Chairman and two Commissioners, who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least forty years of age and certified public accountants or members of the Philippine Bar for at least ten years.

(2) The Chairman and the Commissioners shall be appointed by the Prime Minister for a term of seven years without reappointment. Of the Commissioners first appointed, one shall hold office for seven years, another for five years, and the third for three years. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor.

Sec. 2. The Commission on Audit shall have the following powers and functions:

(1) Examine, audit, and settle, in accordance with law and regulations, all accounts pertaining to the revenues and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations; keep the general accounts of the Government and, for such period as may be provided by law, preserve the vouchers pertaining thereto; and promulgate accounting and auditing rules and regulations including those for the prevention of irregular, unnecessary, excessive, or extravagant expenditures or use of funds and property.

(2) Decide any case brought before it within sixty days from the date of its submission for resolution. Unless otherwise provided by law, any decision, order, or ruling of the Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from his receipt of a copy thereof.

(3) Submit to the President, the Prime Minister, and the National Assembly, within the time fixed by law, an annual financial report of the Government, its subdivisions, agencies, and instrumentalities, including government-owned or controlled corporations, and recommend measures necessary to improve their efficiency and effectiveness. It shall submit such other reports as may be required by law.

(4) Perform such other duties and functions as may be prescribed by law.

Article XIII ACCOUNTABILITY OF PUBLIC OFFICERS

Section 1. Public office is a public trust. Public officers and employees shall serve with the highest degree of responsibility, integrity, loyalty, and efficiency, and shall remain accountable to the people.

Sec. 2. The President, the Members of the Supreme Court, and the Members of the Constitutional Commissions shall be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, other high crimes, or graft and corruption.

Sec. 3. The National Assembly shall have the exclusive power to initiate, try, and decide all cases of impeachment. Upon the filing of a verified complaint, the National Assembly may initiate impeachment by a vote of at least one-fifth of all its Members. No official shall be convicted without the concurrence of at least two-thirds of all the Members thereof. When the National Assembly sits in impeachment cases, its Members shall be on oath or affirmation.

Sec. 4. Judgment in cases of impeachment shall be limited to removal from office and disqualification to hold any office of honor, trust, or profit under the Republic of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment, in accordance with law.

Sec. 5. The National Assembly shall create a special court, to be known as Sandiganbayan , which shall have jurisdiction over criminal and civil cases involving graft and corrupt practices and such other offenses committed by public officers and employees, including those in government-owned or controlled corporations, in relation to their office as may be determined by law.

Sec. 6. The National Assembly shall create an office of the Ombudsman, to be known as Tanodbayan , which shall receive and investigate complaints relative to public office, including those in government-owned or controlled corporations, make appropriate recommendations, and in case of failure of justice as defined by law, file and prosecute the corresponding criminal, civil, or administrative case before the proper court or body.

Article XIV THE NATIONAL ECONOMY AND THE PATRIMONY OF THE NATION

Section 1. The National Assembly shall establish a National Economic and Development Authority, to be headed by the Prime Minister, which shall recommend to the National Assembly, after consultation with the private sector, local government units, and other appropriate public agencies, continuing, coordinated, and fully integrated social and economic plans and programs.

Sec. 2. The State shall regulate or prohibit private monopolies when the public interest so requires. No combinations in restraint of trade or unfair competition shall be allowed.

Sec. 3. The National Assembly shall, upon recommendation of the National Economic and Development Authority, reserve to citizens of the Philippines or to corporations or associations wholly owned by such citizens, certain traditional areas of investments when the national interest so dictates.

Sec. 4. The National Assembly shall not, except by general law, provide for the formation, organization, or regulation of private corporations, unless such corporations are owned or controlled by the Government or any subdivision or instrumentality thereof.

Sec. 5. No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines at least sixty per centum of the capital of which is owned by such citizens, nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period then fifty years. Neither shall any such franchise or right be granted except under the condition that it shall be subject to amendment, alteration, or repeal by the National Assembly when the public interest so requires. The State shall encourage equity participation in public utilities by the general public. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in the capital thereof.

Sec. 6. The State may, in the interest of national welfare or defense, establish and operate industries and means of transportation and communication, and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the Government.

Sec. 7. In times of national emergency when the public interest so requires, the State may temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.

Sec. 8. All lands of public domain, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy, fisheries, wildlife, and other natural resources of the Philippines belong to the State. With the exception of agricultural, industrial or commercial, residential, or resettlement lands of the public domain, natural resources shall not be alienated, and no license, concession, or lease for the exploration, or utilization of any of the natural resources shall be granted for a period exceeding twenty-five years, renewable for not more than twenty-five years, except as to water rights for irrigation, water supply, fisheries, or industrial uses other than development of water power, in which cases, beneficial use may be the measure and the limit of the grant.

Sec. 9. The disposition, exploration, development, exploitation, or utilization of any of the natural resources of the Philippines shall be limited to citizens of the Philippines, or to corporations or associations at least sixty per centum of the capital of which is owned by such citizens. The National Assembly, in the national interest, may allow such citizens, corporations, or associations to enter into service contracts for financial, technical, management, or other forms of assistance with any foreign person or entity for the exploration, development, exploitation, or utilization of any of the natural resources. Existing valid and binding service contracts for financial, technical, management, or other forms of assistance are hereby recognized as such.

Sec. 10. Lands of the public domain are classified into agricultural, industrial or commercial, residential, resettlement, mineral, timber or forest, and grazing lands, and such other classes as may be provided by law.

Sec. 11. The National Assembly, taking into account conservation, ecological, and developmental requirements of the natural resources, shall determine by law the size of lands of the public domain which may be developed, held or acquired by, or leased to, any qualified individual, corporation, or association, and the conditions therefor. No private corporation or association may hold alienable lands of the public domain except by lease not to exceed one thousand hectares in area; nor may any citizen hold such lands by lease in excess of five hundred hectares or acquire by purchase or homestead in excess of twenty-four hectares. No private corporation or association may hold by lease, concession, license, or permit, timber or forest lands and other timber or forest resources in excess of one hundred thousand hectares; however, such area may be increased by the National Assembly upon recommendation of the National Economic and Development Authority.

Sec. 12. The State shall formulate and implement an agrarian reform program aimed at emancipating the tenant from the bondage of the soil and achieving the goals enunciated in this Constitution.

Sec. 13. The National Assembly may authorize, upon payment of just compensation, the expropriation of private lands to be subdivided into small lots and conveyed at cost to deserving citizens.

Sec. 14. Save in cases of hereditary succession, no private land shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.

Sec. 15. Any provision of paragraph one, Section fourteen, Article Eight and of this Article notwithstanding, the Prime Minister may enter into international treaties or agreements as the national welfare and interest may require.

Article XV GENERAL PROVISIONS

Section 1. The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law.

Sec. 2. The interim National Assembly may by law adopt a new name for the country, a national anthem, and a national seal, which shall all be truly reflective and symbolic of ideas, history, and traditions of the people. Thereafter, the national name, anthem, and seal so adopted shall not be subject to change except by constitutional amendment.

Sec. 3. (1) This Constitution shall be officially promulgated in English and in Pilipino, and translated into each dialect spoken by over fifty thousand people, and into Spanish and Arabic. In case of conflict, the English text shall prevail.

(2) The National Assembly shall take steps towards the development and formal adoption of a common national language to be known as Filipino.

(3) Until otherwise provided by law, English and Pilipino shall be the official languages.

Sec. 4. All public officers and employees and members of the armed forces shall take an oath to support and defend the Constitution.

Sec. 5. No elective or appointive public officer or employee shall receive additional or double compensation unless specifically authorized by law, nor accept, without the consent of the National Assembly, any present, emolument, office, or title of any kind from any foreign state.

Sec. 6. No salary or any form of emolument of any public officer or employee, including constitutional officers, shall be exempt from payment of income tax.

Sec. 7. (1) The ownership and management of mass media shall be limited to citizens of the Philippines or to corporations or associations wholly owned and managed by such citizens.

(2) The governing body of every entity engaged in commercial telecommunications shall in all cases be controlled by citizens of the Philippines.

Sec. 8. (1) All educational institutions shall be under the supervision of, and subject to regulation by, the State. The State shall establish and maintain a complete, adequate, and integrated system of education relevant to the goals of national development.

(2) All institutions of higher learning shall enjoy academic freedom.

(3) The study of the Constitution shall be part of the curricula in all schools.

(4) All educational institutions shall aim to inculcate love of country, teach the duties of citizenship, and develop moral character, personal discipline, and scientific, technological, and vocational efficiency.

(5) The State shall maintain a system of free public elementary education and, in areas where finances permit, establish and maintain a system of free public education at least up to the secondary level.

(6) The State shall provide citizenship and vocational training to adult citizens and out-of-school youth, and create and maintain scholarships for poor and deserving students.

(7) Educational institutions, other than those established by religious orders, mission boards, and charitable organizations, shall be owned solely by citizens of the Philippines, or corporations or associations sixty per centum of the capital of which is owned by such citizens. The control and administration of educational institutions shall be vested in citizens of the Philippines. No educational institution shall be established exclusively for aliens, and no group of aliens shall comprise more than one-third of the enrolment in any school. The provisions of this subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents.

(8) At the option expressed in writing by the parents or guardians, and without cost to them and the Government, religion shall be taught to their children or wards in public elementary and high schools as may be provided by law.

Sec. 9. (1) The State shall promote scientific research and invention. The advancement of science and technology shall have priority in the national development.

(2) Filipino culture shall be preserved and developed for national identity. Arts and letters shall be under the patronage of the State.

(3) The exclusive right to inventions, writings, and artistic creations shall be secured to investors, authors, and artists for a limited period. Scholarships, grants-in-aid, or other forms of incentives shall be provided for specially gifted citizens.

Sec. 10. It shall be the responsibility of the State to achieve and maintain population levels most conducive to the national welfare.

Sec. 11. The State shall consider the customs, traditions, beliefs, and interests of national cultural communities in the formulation and implementation of state policies.

Sec. 12. The State shall establish and maintain an integrated national police force whose organization, administration, and operation, shall be provided by law.

Sec. 13. (1) The armed forces of the Philippines shall include a citizen army composed of all able-bodied citizens of the Philippines who shall undergo military training as may be provided by law. It shall keep a regular force necessary for the security of the State.

(2) The citizen army shall have a corps of trained officers and men in active duty status as may be necessary to train, service, and keep it in reasonable preparedness at all times.

Sec. 14. The National Assembly shall establish a central monetary authority which shall provide policy direction in the areas of money, banking, and credit. It shall have supervisory authority over the operations of banks and exercise such regulatory authority as may be provided by law over the operations of finance companies and other institutions performing similar functions. Until the National Assembly shall otherwise provide, the Central Bank of the Philippines, operating under existing laws, shall function as the central monetary authority.

Sec. 15. The separation of the church and the state shall be inviolable.

Sec. 16. The State may not be sued without its consent.

Article XVI AMENDMENTS

Section 1. (1) Any amendment to, or revision of, this Constitution may be proposed by the National Assembly upon a vote of three-fourths of all its Members, or by a constitutional convention.

(2) The National Assembly may, by a vote of two-thirds of all its Members, call a constitutional convention or, by a majority vote of all its Members, submit the question of calling such a convention to the electorate in an election.

Sec. 2. Any amendment to, or revision of, this Constitution shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not later than three months after the approval of such amendment or revision.

Article XVII TRANSITORY PROVISIONS

Section 1. There shall be an interim National Assembly which shall exist immediately upon the ratification of this Constitution and shall continue until the Members of the regular National Assembly shall have been elected and shall have assumed office following an election called for the purpose by the interim National Assembly. Except as otherwise provided in this Constitution, the interim National Assembly shall have the same powers and its Members shall have the same functions, responsibilities, rights, privileges, and disqualifications as the regular National Assembly and the Members thereof.

Sec. 2. The Members of the interim National Assembly shall be the incumbent President and Vice-President of the Philippines, those who served as President of the nineteen hundred and seventy-one Constitutional Convention, those Members of the Senate and the House of Representatives who shall express in writing to the Commission on Elections within thirty days after the ratification of this Constitution their option to serve therein, and those Delegates to the nineteen hundred and seventy-one Constitutional Convention who have opted to serve therein by voting affirmatively for this Article. They may take their oath of office before any officer authorized to administer oath and who qualify thereto, after the ratification of this Constitution.

Sec. 3. (1) The incumbent President of the Philippines shall initially convene the interim National Assembly and shall preside over its sessions until the interim Speaker shall have been elected. He shall continue to exercise his powers and prerogatives under the nineteen hundred and thirty-five Constitution and the powers vested in the President and the Prime Minister under this Constitution until he calls upon the interim National Assembly to elect the interim President and interim Prime Minister, who shall then exercise their respective powers vested by this Constitution.

(2) All proclamations, orders, decrees, instructions, and acts promulgated, issued, or done by the incumbent President shall be part of the law of the land, and shall remain valid, legal, binding, and effective even after lifting of martial law or the ratification of this Constitution, unless modified, revoked, or superseded by subsequent proclamations, orders, decrees, instructions, or other acts of the incumbent President, or unless expressly or implicitly modified or repealed by the regular National Assembly.

Sec. 4. The interim Prime Minister and his Cabinet shall exercise all the powers and functions, and discharge the responsibilities of the regular Prime Minister and his Cabinet, and shall be subject to the same disqualifications provided in this Constitution.

Sec. 5. The interim National Assembly shall give priority to measures for the orderly transition from the presidential to the parliamentary system, the reorganization of the Government, the eradication of graft and corruption, the effective maintenance of peace and order, the implementation of declared agrarian reforms, the standardization of compensation of government employees, and such other measures as shall bridge the gap between the rich and the poor.

Sec. 6. The interim National Assembly shall reapportion the Assembly seats in accordance with Section two, Article Eight, of this Constitution.

Sec. 7. All existing laws not inconsistent with this Constitution shall remain operative until amended, modified, or repealed by the National Assembly.

Sec. 8. All courts existing at the time of the ratification of this Constitution shall continue and exercise their jurisdiction, until otherwise provided by law in accordance with this Constitution, and all cases pending in said courts shall be heard, tried, and determined under the laws then in force. The provisions of the existing Rules of Court not inconsistent with this Constitution shall remain operative unless amended, modified, or repealed by the Supreme Court or the National Assembly.

Sec. 9. All officials and employees in the existing Government of the Republic of the Philippines shall continue in office until otherwise provided by law or decreed by the incumbent President of the Philippines, but all officials whose appointments are by this Constitution vested in the Prime Minister shall vacate their respective offices upon the appointment and qualification of their successors.

Sec. 10. The incumbent Members of the Judiciary may continue in office until they reach the age of seventy years, unless sooner replaced in accordance with the preceding section hereof.

Sec. 11. The rights and privileges granted to citizens of the United States or to corporations or associations owned or controlled by such citizens under the Ordinance appended to the nineteen hundred and thirty-five Constitution shall automatically terminate on the third day of July, nineteen hundred and seventy-four. Titles to private lands acquired by such persons before such date shall be valid as against other private persons only.

Sec. 12. All treaties, executive agreements, and contracts entered into by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations, are hereby recognized as legal, valid, and binding. When the national interest so requires, the incumbent President of the Republic or the interim Prime Minister may review all contracts, concessions, permits, or other forms of privileges for the exploration, development, exploitation, or utilization of natural resources entered into, granted, issued, or acquired before the ratification of this Constitution.

Sec. 13. Any public officer or employee separated from the service as a result of the reorganization effected under this Constitution shall, if entitled under the laws then in force, receive the retirement and other benefits accruing thereunder.

Sec. 14. All records, equipment, buildings, facilities, and other properties of any office or body abolished or reorganized under this Constitution shall be transferred to the office or body to which its powers, functions, and responsibilities substantially pertain.

Sec. 15. The interim National Assembly, upon special call by the interim Prime Minister may, by a majority vote of all its Members, propose amendments to this Constitution. Such amendments shall take effect when ratified in accordance with Article Sixteen hereof.

Sec. 16. This Constitution shall take effect immediately upon its ratification by a majority of the votes cast in a plebiscite called for the purpose and, except as herein provided, shall supersede the Constitution of nineteen hundred and thirty-five and all amendments thereto.

This work is in the public domain because it is a work of the Philippine government (see Republic Act No. 8293 Sec. 176 ).

All official Philippine texts of a legislative, administrative, or judicial nature, or any official translation thereof, are ineligible for copyright.

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Ateneo School of Law Publications

The constitutional basis of social rights in the philippines.

Ngina Teresa Chan-Gonzaga , Ateneo School of Law, Ateneo de Manila University Follow

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Publication date.

The adoption of the 1973 Constitution supposed a great improvement in the regulation of social justice and social rights in comparison to the previous constitutional texts, but civil and political rights continue having a preeminent character. The 1973 Constitution provides seven key areas for prioritization: labor, agriculture and natural resources, health, women, among others. It is true that Congress has enacted a good number of social legislation in with with these priority areas, but this has not been enough.

Recommended Citation

Chan-Gonzaga, N. T. (2018). The constitucional basis of social rights in the Philippine. Estudios de Deusto: revista de la Universidad de Deusto, 66(1), 81-106.

Since May 21, 2020

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Introduction

The Republic of the Philippines sits on an archipelago in Southeast Asia and consists of 7,107 islands with a total area of 300,000 square kilometres. It is located at the intersection of several bodies of water: it is bounded by the Pacific Ocean in the north, the South China Sea in the west, the Sulu and Celebes Seas in the south, and the Philippine Sea in the east. Over 90 million people live on the islands, some 12 million of whom live in the capital region, Metro Manila. Most of the people on the islands are of the same racial stock as the Malays and the Indonesians, but a Chinese minority (around 1.5%) make up an influential part of the Philippine economy. There are eight major languages and close to a hundred dialects.

Constitutional history

The Philippines had long been used as a trading port in Asia, and this led to their colonization by the Spanish and later by the Americans. The Spanish converted most of the population to Catholicism and the religion remains the dominant one in the country. During the later part of more than 300 years of Spanish rule, nationalist sentiment began to grow among groups of Indios (which was how the Spanish referred to the Filipinos), fuelled in large measure by the writings of national hero Jose Rizal (later executed by the Spanish authorities) and other ilustrados (the Filipino intellegensia). A revolution was launched against Spain and the revolutionaries declared Philippine independence in Kawit, Cavite on June 12, 1898. What became known as the Malolos Congress was convened on September 15, 1898 and the first Philippine Constitution, called the Malolos Constitution, was approved on January 20, 1899, ushering what is called the First Philippine Republic. In the Spanish-American War of 1898, the revolutionaries sided with the Americans, hoping that, with the defeat of Spain, independence would be granted by the US to the Philippines. This, however, did not happen. After Spain ceded (or sold) the islands to the United States in the Treaty of Paris, the US immediately proceeded to brutally suppress the Philippine independence movement.

In 1916, the US passed the Jones Act which specified that independence would only be granted upon the formation of a stable democratic government modelled on the American model, not the French model as the previous constitution had been. The US approved a ten-year transition plan in 1934 and drafted a new constitution in 1935. World War II and the Japanese invasion on December 8, 1941, however, interrupted that plan. After heroic Filipino resistance against overwhelming odds finally ended with the fall of Bataan and Corregidor in 1942, a Japanese “republic” was established, in reality, a period of military rule by the Japanese Imperial Army. A new constitution was ratified in 1943 by Filipino collaborators who were called the Kapisanan sa Paglilingkod ng Bagong Pilipinas (Kalibapi). An active guerilla movement continued to resist the Japanese occupation. The Japanese forces were finally defeated by the Allies in 1944 and this sorry chapter came to a close.

Philippine independence was eventually achieved on July 4, 1946. The 1935 Constitution, which featured a political system virtually identical to the American one, became operative. The system called for a President to be elected at large for a 4-year term (subject to one re-election), a bicameral Congress, and an independent Judiciary.

Independence to martial law

From the moment of independence, Filipino politics have been plagued by the twin demons of corruption and scandal. Notwithstanding, Presidents Ramon Magsaysay (1953-57), Carlos Garcia (1957-61), and Diosdado Macapagal (1961-65) managed to stabilize the country, implement domestic reforms, diversify the economy, and build Philippine ties not only to the United States, but also to its Asian neighbours.

Ferdinand Marcos was elected president in 1965 and was re-elected in 1969, the first president to be so re-elected. Desirous of remaining in power beyond his legal tenure, he declared martial law in 1972, just before the end of his second and last term, citing a growing communist insurgency as its justification. He then manipulated an ongoing Constitutional Convention and caused the drafting of a new constitution – the 1973 Constitution – which allowed him to rule by decree until 1978 when the presidential system of the 1935 Constitution was replaced with a parliamentary one. Under this new system, Marcos held on to power and continued to govern by decree, suppressing democratic institutions and restricting civil freedoms. In 1981, martial law was officially lifted, but Marcos continued to rule by the expedient of being “re-elected” in a farce of an election to a new 6-year term. He continued to suppress dissent and thousands of vocal objectors to his rule either mysteriously disappeared or were incarcerated. Despite economic decline, corruption allowed Marcos and his wife Imelda to live extravagantly, causing resentment domestically and criticism internationally.

The people’s choice

When opposition leader Benigno Aquino Jr. was assassinated upon returning from exile in 1983, widespread outrage forced Marcos to hold “snap” elections a year early. The election was marked by fraud on the part of Marcos and his supporters but Marcos had himself declared the winner constitutionally, amidst international condemnation and nationwide domestic protests. A small band of military rebels tried to mount a coup, which failed because of its discovery, but this triggered what became internationally celebrated as the “People Power” revolution, when droves of people spilled out onto the streets to protect the rebels, eventually numbering well over a million. Under pressure from the United States, Marcos and his family fled into exile. His election opponent, Benigno Aquino Jr.’s widow Corazon, was installed as president on February 25, 1986.

The 1987 Constitution

Aquino began her term by repealing many of the Marcos-era regulations that had repressed the people for so long. In March, she issued a unilateral proclamation establishing a provisional constitution. This constitution gave the President broad powers and great authority, but Aquino promised to use them only to restore democracy under a new constitution. This new constitution was drafted in 133 days by an appointed Constitutional Commission of 48 members and ratified by the people in a plebiscite held on February 2, 1987. It was largely modelled on the American Constitution which had so greatly influenced the 1935 Constitution, but it also incorporated Roman, Spanish, and Anglo law.

The 1987 Constitution established a representative democracy with power divided among three separate and independent branches of government: the Executive, a bicameral Legislature, and the Judiciary. There were three independent constitutional commissions as well: the Commission on Audit, the Civil Service Commission, and the Commission on Elections. Integrated into the Constitution was a full Bill of Rights, which guaranteed fundamental civil and and political rights, and it provided for free, fair, and periodic elections. In comparison with the weak document that had given Marcos a legal fiction behind which to hide, this Constitution seemed ideal to many Filipinos emerging from 20 years of political repression and oppression.

Executive branch

The Executive branch is headed by the President and his appointed Cabinet. The President is the head of the state and the chief executive, but he is subject to significant checks from the other branches, especially in times of emergency, which, given the history of the country, was obviously intended to be a safeguard against a repeat of Marcos’ martial law despotism. For example, in cases of national emergency, the President can still declare martial law, but not for a period longer than 60 days. Congress can revoke this decision by a majority vote, or it can also extend it for a period to be determined by the Congress. Additionally, the Supreme Court can review the declaration to decide if there were sufficient facts to justify martial law. The President can grant pardons and amnesty. He is also empowered to make or accept foreign loans. He cannot, however, enter into treaties without the consent of the Senate. The President and Vice-President are elected at large by a direct vote, but the President may only serve one 6-year term. The Cabinet, consisting of the President’s advisers and heads of departments, is appointed by the President and it assists him in his governance functions.

Legislative branch

The legislative power is vested in a Congress which is divided into two Houses, the Senate and the House of Representatives. The 24 members of the Senate are elected at large by a popular vote and can serve no more than two consecutive 6-year terms. The House is composed of 250 elected members. Most of these Representatives are elected by district for 3-year terms, but 20% of the total membership is chosen in proportion to party representation. Besides the exclusive power to legislate, one of the most important powers of Congress is the ability to declare war, which it can through a two-thirds vote in both houses. Even the power to legislate, however, is subject to an executive check. The President retains the power to veto a bill passed by both houses, and Congress may override this veto only with a two-thirds vote in both houses.

Judicial branch

The Court system in the Philippines exercises the judicial power of government and it is made up of a Supreme Court and lower courts created by law. The Supreme Court is a 15-member court appointed by the President without need for confirmation by Congress. Appointment, however, is limited to a list of nominees presented to the President by a constitutionally-specified Judicial and Bar Council. This Council consists of 7 members: the Chief Justice of the Supreme Court, the Secretary of Justice, a representative from Congress, a representative of the Integrated Bar, a professor of law, a retired member of the Supreme Court, and a representative of the private sector. The first four serve for four years, the law professor for three, the retired Justice for two, and the private sector representative for one year. The Supreme Court Justices may hear, on appeal, any cases dealing with the constitutionality of any law, treaty, or decree of the government, cases where questions of jurisdiction or judicial error are concerned, or cases where the penalty is sufficiently grave. It may also exercise original jurisdiction over cases involving government or international officials. The Supreme Court also is charged with overseeing the functioning and administration of the lower courts and their personnel.

Government oversight bodies

The Constitution also establishes three independent Constitutional Commissions. The Civil Service Commission acts as a central agency in charge of government personnel. The Commission on Elections enforces and administers all election laws and regulations to ensure that they are free and fair for all involved. Finally, the Commission on Audit examines all funds, transactions, and property accounts of the government and its agencies. Each of these Commissions is given governing and financial autonomy from the other branches of government to ensure unbiased decision-making. All decisions made by these Commissions are reviewable by the Supreme Court. To further ensure the ethical and lawful functioning of the government, the Constitution also creates an Office of the Ombudsman to investigate complaints regarding public corruption, unlawful behaviour of public officials, and other public misconduct. The Ombudsman can then charge such misbehaving public officials before a special court called the Sandiganbayan. The Ombudsman is also independent administratively and financially from the other branches of government, although the President is vested with the power to appoint the Ombudsman and his Deputies (from a list also prepared by the Judicial and Bar Council) for single 7-year terms. Only the House has the power to initiate impeachment of the President, the members of the Supreme Court, and a few other constitutionally protected public officials like the Ombudsman. The Senate is then supposed to try the impeachment case. Each of these aforementioned independent agencies was created for the purpose of promoting moral and ethical conduct in government.

System of Government under 1987 Constitution

Issues and Challenges

*Developed with input from Dr Florangel Braid (former member of the Constitutional Commission) and Rene Azurin

Bibliography

• United States. CIA World Factbook: Philippines. , 2011. Web. 27 Jun 2011.
• "Philippines Country Profile." 22/04/2011. BBC News. Web. 27 Jun 2011.
• United States Department of State. Background Note: Philippines. , 2011. Web. 27 Jun 2011.
• United States Library of Congress. A Country Study: Philippines. , 2011. Web. 27 Jun 2011.
• 1987 Constitution of the Republic of the Philippines. 1987. Web. 27 Jun 2011.
• Maddex, Robert L. Constitutions of the World. 3rd ed. Washington, D.C.: CQ Press, 2008. Print.
• Bacani, Benedicto. Presidential System in the Philippines: Some Issues and Concerns. Web. 8 Jul. 2011.

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• The Making of the 1973 Constitution By Muhammad Zahid Rifat

After the great tragedy of the fall of Dhaka in December 1971, the remaining Pakistan seemed like a rudderless ship without a Constitution. Another war with India had broken just when a draft of the Constitution was on the anvil during the last days of country’s second military ruler General Agha Muhammad Yahya Khan. However, the draft Constitution never saw the light of the day. PPP Founding Chairman Zulfikar Ali Bhutto was handed over power by General Yahya to become the President of the remainder Pakistan and in the process also earn the rare distinction of becoming the first-ever Civilian Chief Martial Law Administrator. Making a new Constitution was one of the top priorities for the new President, among other matters of national importance. The National Assembly, as a consequence of the general elections held on December 7, 1970 and the separation of East Pakistan, held its first session no earlier than April 14, 1972 at the State Bank of Pakistan building in Islamabad. The first NA session was attended by 144 members from West Pakistan and two from former East Pakistan, Nurul Amin and Raja Tridev Roy, who had opted for Pakistan. The interim Constitution was adopted by the NA which provided for a Presidential form of government under the circumstances which prevailed at that time. Under this provision the National Assembly was not to be dissolved earlier than August 14, 1973. Besides, the National Assembly had also adopted a Resolution to prepare a draft of the permanent Constitution. Accordingly, a Constitution Committee, headed by Mian Mahmud Ali Kasuri and comprising 24 members, held its first meeting on April 22, 1972. During its deliberations, the Committee was particularly conscious of the unfortunate constitutional history of Pakistan and past failures. It identified the causes which had led, on more than one occasion, to the breakdown of the constitutional machinery of the country. This had opened the way for the usurpers and dictators to assume power at the cost of the oppressed people and the country. As the people’s representatives, the Committee members strived to arrive at a constitutional arrangement which would preclude any recurrence of past failures. The draft of the Constitution tried its utmost to do away with the dichotomy between the fiction and reality of the executive authority. It also provided effective deterrents against any attempt to subvert the Constitution by declaring this offence as committing High Treason carrying a punishment for the crime, the death penalty. The provision still exists, despite several other amendments here and there, but, unfortunately it has never been invoked and implemented or enforced against the violators. Many rulers after Bhutto tried to amend the Constitution according to their narrow views. It is essential that in the future, we do everything in our power to avoid this situation There was also a consensus among the Committee members that the future Constitution of Pakistan should provide for a Federal and Parliamentary form of government in which the Executive will be fully answerable to the National Assembly. In the course of its second session, which commenced from May 18, 1972, the Committee held general discussions regarding the Preamble, the introductory provisions, Fundamental Rights, Principles of Policy, the Judiciary and the Services of Pakistan. However, due to the debate in the National Assembly on the Simla Agreement signed by President Bhutto and Indian Prime Minister Indira Gandhi for the withdrawal of troops and the release of Pakistani Prisoners of War (POWs), the Committee could not proceed. On October 9, 1972, Mian Mahmud Ali Kasuri stepped down as the Chairman and Abdul Hafeez Pirzada was unanimously elected as his successor. In view of the impending constitutional discussions for which the President had invited the leaders of all parliamentary parties and groups, the Committee decided to defer its further deliberations till the outcome of the political talks. The discussions between the parliamentary parties’ leaders had greatly facilitated the task of the Committee which, accordingly, decided to incorporate in the draft of the Constitution the provisions of the Constitutional Accord. The Committee decided to incorporate in the preamble the Resolution which the first Constituent Assembly had passed on March 12, 1949. The preamble further reaffirmed Quaid-e-Azam’s declaration that Pakistan would be a democratic State based on the Islamic Principles of social justice. The Committee also described Pakistan as a Federation to be known as the Islamic Republic of Pakistan. After due deliberations, the Committee decided that the provisions of the Constitution should apply to the Provinces of Balochistan, North-West Frontier, Punjab and Sindh, the Islamabad Capital Territory and Federally-Administered Tribal Areas (FATA) and such other States and territories as are, or may be included, in Pakistan’s future. A new Article that Islam shall be the State Religion of Pakistan was also included. Under Article 5 “any person who abrogates or attempts or conspires to abrogate, subvert or attempts or conspires to subvert, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of High Treason”. Additionally, it was specifically provided that there shall be no protection under the Fundamental Rights to any offender from punishment retrospectively with effect from March 23, 1956. The Committee in particular deliberated upon the provisions relating to civil liberties and property rights. A strong view was expressed that unless rights to property were made subject to the public interest, the country could not achieve social and economic justice. Accordingly, the Parliament was given the authority to prescribe a ceiling on property. The Parliament was also empowered to make laws for resumption and confiscation of property acquired by unfair means. Many times, subsequent rulers tried to amend the Constitution according their narrow views. It is essential that in the future we do everything in our power to avoid this situation, and protect our precious Constitution for our coming generations. The writer is Lahore-based Freelance Journalist, Columnist and retired Deputy Controller (News) Radio Pakistan, Islamabad and can be reached at [email protected] Published in Daily Times, June 25th 2018. Source: https://dailytimes.com.pk/257489/the-making-of-the-1973-constitution/

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Personal Liberty Essay – Roe v. Wade (1973)

by Dennis Goldford, Ph.D.

In American constitutional law the phrase “right to privacy” refers not to questions of information and secrecy, but rather to the idea that government has no authority to interfere with the right of individuals to make their own decisions about intimately personal, fundamental matters like marriage, sexual activity, and child rearing. Though controversial, the right to privacy developed because of, and must be understood in terms of, two important questions in our constitutional system: first, how are individual rights protected against government, and, second, what individual rights are protected against government?

Prior to the adoption of the Fourteenth Amendment, individuals had no federal protection against actions of their own state governments. In American constitutional law the phrase “right to privacy” refers not to questions of information and secrecy, but rather to the idea that government has no authority to interfere with the right of individuals to make their own decisions about intimately personal, fundamental matters like marriage, sexual activity, and child rearing. Though controversial,  the right to privacy developed because of, and must be understood in terms of, two important  questions in our constitutional system: first, how are individual rights protected against government, and, second, what individual rights are protected against government? Prior to the adoption of the Fourteenth Amendment in 1868, the rights of Americans were protected (beyond a few provisions of Article I, Section 10, of the Constitution and the mechanisms of separation of powers and federalism) in three principal ways. First, individuals were protected against certain actions of the federal government by the Bill of Rights. Second, individuals were protected against certain actions of their own state governments by a bill of rights or other such provisions in the constitution of their state. Third, individuals traveling to a state other than their own were protected against certain actions of that state government by certain provisions of Article IV of the Constitution. The key point is that, at that time, individuals had no federal protection against actions of their own state governments, because the Supreme Court held in Barron v. City of Baltimore (1833) that the Bill of Rights applied to federal actions only—not to state actions. As the Court stated in Twining v. New Jersey (1908), “the first ten Amendments of the Federal Constitution are restrictive only of national action.”

Due to doubts about the constitutionality of the Civil Rights Act of 1866, which provided for federal protection for the newly freed slaves against the southern state governments, the Fourteenth Amendment was ratified in 1868 and stated, in part: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” The Supreme Court held in the Slaughter House Cases that the Privileges or Immunities Clause of the Fourteenth Amendment did not now make the protections of the Bill of Rights applicable against state governments in defense of fundamental individual rights. Nevertheless, many justices believed that the Fourteenth Amendment does in fact establish a basket of fundamental rights grounded in the U.S. Constitution to be protected against state infringement. Increasingly, the Supreme Court came to argue that the idea of liberty mentioned in the Due Process Clause of the Fourteenth Amendment provides the textual basis for this basket of protected fundamental rights.

Prior to the adoption of the Fourteenth Amendment, individuals had no federal protection against actions of their own state governments.

If the Due Process Clause answers the question of how fundamental individual rights are protected by the Constitution against state governments, the other question became more problematic: what fundamental individual rights are protected by the Constitution against state governments? In other words, how do we know what rights are contained in that federally guaranteed basket? One answer, suggested in the late nineteenth century and supported most prominently by Justice Hugo Black in the twentieth, is that any and all rights protected against federal infringement by the Bill of Rights are protected against state infringement by the Due Process Clause of the Fourteenth Amendment. However, the Supreme Court as a whole has never accepted this argument. Rejecting it for the Court in Palko v. Connecticut (1937), Justice Benjamin Cardozo wrote: “Whatever would be a violation of the original bill of rights (Amendments one to eight) if done by the federal government is now equally unlawful by force of the Fourteenth Amendment if done by a state. There is no such general rule.” The question remains, therefore: how do we determine what fundamental individual rights are protected by the Constitution against state governments?

Justice Cardozo went on to suggest two criteria for making that determination: a right is contained in that federally guaranteed basket of rights protected against state infringement if it is “implicit in the concept of ordered liberty” or is, citing another case, a “principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental” ( Palko ). This allowed for substantial overlap between the Bill of Rights and the Due Process Clause, for the Court came to see many of the rights protected against federal infringement by the Bill of Rights as protected against state  infringement by the Due Process Clause because they satisfied either or both of these two criteria. Still, the Court’s acceptance of these two criteria in many ways simply shifted rather than solved the initial problem. How do we know if a right is one protected by the Due Process Clause? How do we then know when a right is “implicit in the concept of ordered liberty” or is a “principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental”?

The problem here is that, in the absence of specific words in a written text, it appears quite difficult to get people to agree on what rights are part of ordered liberty or even on what rights are fundamental in our political and legal traditions. On the one hand, we do not want to claim more rights than are permissible, because asserting a right means limiting majority rule. On the other hand, if we want to defer to the preferences of a popular majority we run the risk of allowing that majority to infringe on individual rights that it really should not endanger. This is why the right to privacy is so controversial, for people disagree about whether it exists and, if it does, about what it protects. Thus, in Griswold v. Connecticut (1965), Justice William Douglas wrote with regard to marriage: “We deal with a right of privacy older than the Bill of Rights—older than our political parties, older than our school system,” whereas Justice Black wrote: “I like my privacy as well as the next one, but I am nevertheless compelled to admit that government has a right to invade it unless prohibited by some specific constitutional provision.”

To be sure, also writing in Griswold , Justice Arthur Goldberg argued, “The language and history of the Ninth Amendment reveal that the Framers of the Constitution believed that there are additional fundamental rights, protected from governmental infringement, which exist alongside those fundamental rights specifically mentioned in the first eight constitutional amendments” (488). Nevertheless, almost no one either before or after Griswold appealed to the Ninth Amendment to justify the protection of an unenumerated— unmentioned—right. Thus, in Roe v. Wade , Justice Harry Blackmun stated: “This right of privacy, whether it be founded in the Fourteenth Amendment’s concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment’s reservation of rights to the people, is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.” Whether one favors or opposed a right to abortion, it is clear that Justice Blackmun neglected to do the hard work here of dealing with the difficult interpretive questions we have raised. Specifically, why does abortion fall within the right to privacy? (Indeed, appealing to the other criterion, the dissenters in Roe argued that a right to abortion is not a principle of justice grounded in American traditions.) Why, as in the case of Lawrence v. Texas, do homosexual relations fall within the right to privacy?

We could say, of course, that there is no such thing as a right to privacy in the Constitution, because there is no blackletter textual provision containing those words. If we were to say this, however, we would have to remember that there is no black-letter text that provides for either the presumption of innocence or the power of judicial review, both of which are conventionally considered to be in the Constitution. Additionally, we would have to address what is perhaps the central question about the protection of individual rights in our constitutional system: do we have a right to make our own decisions about certain personal and even intimate matters that we consider absolutely fundamental to our identity and sense of self in the absence of an explicit, black-letter text in the Constitution that protects any such right? Long ago, in the case of Calder v. Bull, Justice Samuel Chase wrote: “I cannot subscribe to the omnipotence of a State Legislature, or that it is absolute and without controul; although its authority should not be expressly restrained by the Constitution, or fundamental law, of the State.” As you read and think about the following materials on the right to privacy, ask yourself whether you agree or disagree with Justice Chase.

Dr. Dennis Goldford is Professor of Politics and International Relations at Drake University in Iowa. He teaches in the areas of political theory and constitutional law, and his recent research deals with the originalism debate in contemporary constitutional theory. He has published numerous articles in the areas of political theory and constitutional interpretation, and his recent book is entitled The American Constitution and the Debate Over Originalism (Cambridge, 2005). His current research deals with politics and religion, and with the theory of federalism. Professor Goldford is also a frequent commentator on Iowa and national politics through both local and national media outlets.

The 1973 Constitution: From Safeguarding Democracy To Encouraging Theo-Democracy?

• Nadeem Farooq Paracha
• Analysis , Features , Legacy

Abbas Mehmood of the PPP said that “there was no yardstick in Islam to measure one’s faith” and that the ulema cannot be given this task “because they are always hasty to declare a person a non-believer”

Noorani insisted that “Pakistan was made in the name of Islam,” and the performing of Islamic rituals (in public institutions) should be made compulsory. S. Ahmad Rashid of the ruling party (the PPP) responded by saying: “Pakistan wasn’t created to implement Islamic rituals, but to implement an Islamic economy which was socialist.” After a vote, Noorani’s motion was defeated

PBC Backs Parliament To Amend Constitution With Two-Thirds Majority

The writer is a journalist, author, cultural critic, satirist and historian.

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The Bahamas / Bahamas Constitución de 1973 1973 Constitution

Ultima actualización / Last updated: July 16, 2008

THE BAHAMAS INDEPENDENCE ORDER 1973

At the Court at Windsor Castle, the 20th day of June 1973

The Queen's Most Excellent Majesty in Council

Her Majesty, by virtue and in exercise of the powers vested in Her by section 1 of the Bahamas Islands (Constitution) Act 1963(a] and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation, commencement and construction.

This Order may be cited as The Bahamas Independence Order 1973.

Subject to the provisions of the next following subsection this Order shall come into operation on 10th July 1973 (in this Order referred to as "the appointed day").

The Governor and Commander-in-Chief of the Bahamas Islands may at any time after 20th June 1973 exercise any of the powers conferred on the Governor-General by section 4(3) of this Order or Article 39(4) of the Constitution set out in the Schedule to this Order (in this Order referred to as "the Constitution") to such an extent as may be necessary or expedient to enable the Constitution to function as from the appointed day.

For the purposes of the exercise by the Governor under subsection (3) of this section of the power conferred by section 4(3) of this Order the Governor shall act in accordance with the advice of the Prime Minister.

For the purposes of the exercise by the Governor under the said subsection of the powers conferred by Article 39(4) of the Constitution the Governor shall act in accordance with the advice of the Prime Minister after consultation with the advice of the Prime Minister after consultation with the Leader of the Opposition.

For the purposes of this subsection references to the Prime Minister and Leader of the Opposition shall be construed as references to the persons performing the functions of those office under the Bahamas Islands (Constitution) Order 1969(a) (in this Order referred to as "the existing Order"), and in relation to the exercise by virtue of this subsection of the powers conferred by Article 39(4) of the Constitution the provisions of Article 40 of the Constitution shall apply as they would apply in relation to the exercise of those powers by virtue of Article 39(4) of the Constitution.

Save where the context otherwise requires, expressions used in section 1 to 17 of this Order shall have the same meaning as in the Constitution and the provisions of Article 127 and 137 of the Constitution and the provisions of Articles 127 and 137 of the Constitution shall apply for the purposes of interpreting those sections as they apply for the purposes of interpreting the Constitution.

Revocation.

2.- The existing Order is revoked; but the revocation of the existing Order shall not affect the operation on and after the appointed day of any law made or having effect as if made in pursuance of the existing Order or continued in force thereunder and having effect as part of the law of the Bahamas Island immediately before the appointed day (including any law made before the appointed day and coming into operation on or after that day).

Establishment of Constitution.

3.- Subject to the provisions of this Order, the Constitution shall come into effect on the appointed day.

Existing laws.

Subject to the provisions of this section, the existing laws shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Bahamas Independence Act 1973(b) and this Order.

Where any matter that falls to be prescribed or otherwise provided for under the Constitution by Parliament or by any other authority or person is prescribed or provided for by or under an existing law (including any amendment to any such law made under this section or is otherwise prescribed or provided for immediately before the appointed day by or under the existing Order, that prescription or provision shall, as from that day, have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with the Bahamas Independence Act 1973 and this Order) as if it had been made under the Constitution by Parliament or, as the case may require, by the other authority or person.

The Governor-General may by Order made at any time before 10th July 1974 make such amendments to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of the Bahamas Independence Act 1973 and this order or otherwise for giving effect to or enabling effect to be given to those provisions.

An Order made by the Governor-General under subsection (3) of this section shall have effect from such day, not earlier than the appointed day, as may be specified therein.

The provisions of this section shall be without prejudice to any powers conferred by this Order or by any other law upon any person or authority to make provision for any matter, including the amendment or repeal of any existing law.

In this section "existing law" means any law having effect as part of the law of the Bahamas Islands immediately before the appointed day (including any law made before the appointed day and coming into operation on or after that day).

Parliament.

The persons who immediately before the appointed day are members of the Senate established by the existing Order (in this section referred to as "the existing Senate"), having been appointed as such under paragraphs (a) and (b) respectively of section 30(2) of the Schedule to the existing Order, shall as from the appointed day be members of the Senate established by the Constitution as if they had been appointed as such under paragraphs (2) and (3) respectively of Article 39 of the Constitution and shall hold their seats as Senator in accordance with the provisions of the Constitution.

The persons who immediately before the appointed day are members of the House of Assembly then established for the Bahamas Islands (in this section referred to as "the existing Assembly") shall as from the appointed day be members of the House of Assembly established by the Constitution as if elected as such in pursuance of Article 46(2) of the Constitution and shall hold their seats in that House in accordance with the provisions of the Constitution.

The persons who immediately before the appointed day are Speaker and Deputy Speaker of the existing Assembly shall as from the appointed day be Speaker and Deputy Speaker respectively of the House of Assembly established by the Constitution as if elected as such by that House in pursuance of Article 50(1) of the Constitution and shall hold office in accordance with the provisions of that Article.

Any person who is a member of the Senate or the House of Assembly established by the Constitution by virtue of the preceding provisions of this section and who, since he was last appointed or elected as a member of the existing Senate or the existing Assembly before the appointed day, has taken the oath of allegiance in pursuance of section 45 of the Schedule to the existing Order shall be deemed to have complied with the requirements of Article 64 of the Constitution relating to the taking of the oath or allegiance.

The rules of procedure of the existing Senate and the existing Assembly as in force immediately before the appointed day shall except as may be otherwise provided in pursuance of Article 55(1) of the Constitution, be the rules of procedure respectively of the Senate and the House of Assembly established by the Constitution, but they shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them in to conformity with the Constitution.

Notwithstanding anything contained in Article 66(3) of the Constitution (but subject to the provisions of paragraphs (4) and (5) of that Article) Parliament shall, unless sooner dissolved, stand dissolved on the expiration of five years from the first sitting of the existing Assembly after the general election of members of the existing Assembly last preceding the appointed day.

For the purposes of Articles 41 and 47 of the Constitution any period of ordinary residence in the Bahamas Islands immediately before the appointed day shall be deemed to be residence in The Bahamas.

Minister and Parliamentary Secretaries.

The Person who immediately before the appointed day holds the office of Prime Minister under the existing Order shall, as from the appointed day, hold office as Prime Minister as if he had been appointed thereto under Article 73(1) of the Constitution.

The persons (other than the Prime Minister) who immediately before the appointed day hold office as Minister under the existing Order shall, as from the appointed day, hold the like office as if they had been appointed thereto under Article 73(2) of the Constitution.

Any person holding the office of Prime Minister or other Minister by virtue of subsection (1) or (2) of this section who immediately before the appointed day was charged with responsibility for any matter or department of government shall, as from the appointed day, be deemed to have been charged with responsibility for the corresponding business or administration of the corresponding department of the Government under Article 77 of the Constitution.

The person who immediately before the appointed day hold office as Parliamentary Secretaries under the existing Order shall, as from the appointed day, hold the like offices as if they had been appointed thereto under Article 81 (1) of the Constitution.

Any person who holds office as Prime Minister or other Minister or Parliamentary Secretary as from the appointed day by virtue of the provisions of this section shall be deemed to have complied with the requirements of Article 84 of the Constitution relating to the taking of oaths.

Leader of the Opposition.

7.- The person who immediately before the appointed day is the Leader of the Opposition (as defined for the purposes of the Schedule to the existing Order) shall, as from the appointed day, hold office as Leader of the Opposition as if he had been appointed thereto under Article 82 of the Constitution.

Existing officers.

8.- Subject to the provisions of this Order and of the Constitution, every person who immediately before the commencement of this Order holds or is acting in a public office shall, as from the commencement of this Order, continue to hold or act in the like office as if he had been appointed thereto in accordance with the provisions of the Constitution.

Supreme Court and Court of Appeal Judges.

The Supreme Court and the Court of Appeal in existence immediately before the appointed day shall, as from the appointed day be the Supreme Court and the Court of Appeal for the purposes of the Constitution and the Chief Justice and the Judges of the Supreme Court and the President of the Court of Appeal and the Justices of Appeal holding office immediately before that day shall, as from that day, hold offices as chief Justice or Justices of the Supreme Court or President of the Court of Appeal or Justices of Appeal, as the case may be, as if they had been appointed under the provisions of Chapter vii of the Constitution.

Any proceedings pending before the Supreme Court immediately before the appointed day may be continued and any judgment of that Court given but not satisfied before that day may be enforced as if it were the judgment of the Supreme Court established by the Constitution.

Pending appeals.

Any proceedings pending immediately before the appointed day on appeal from the Supreme Court to the Court of Appeal for the Bahamas Islands may be continued after the appointed day before the Court of Appeal for The Bahamas established by the Constitution.

Any judgment of the Court of Appeal for the Bahamas Islands in an appeal from a court of the Colony of the Bahamas Islands given, but not satisfied, before the appointed day may be enforced after the appointed day as if it were a judgment of the Court of Appeal for The Bahamas established by the Constitution.

Exercise of jurisdiction by Court of Appeal for Turks and Caicos Islands.

11.- A court of appeal for the Turks and Caicos Island may, under arrangements between the Government of that territory and the Government of The Bahamas, sit in The Bahamas and exercise there such jurisdiction and powers in respect of the Turks and Caicos Islands as may be conferred upon it by any law for the time being in force in the Turks and Caicos Islands. Without prejudice to the generality of the foregoing, persons committed to custody in the Turks and Caicos Islands when present in The Bahamas in connection with any proceedings in a court of appeal for the Turks and Caicos Islands may be held in custody in The Bahamas and persons may be committed to custody in The Bahamas by order of such a court.

Remuneration of certain persons.

12.- Until provisions is made under and in accordance with Article 135 of the Constitution, the salaries and allowances of the holders of each of the offices to which that Article applies, other than the Governor-General, shall be the salaries and allowances of the holders of each of the offices or of the offices corresponding thereto were entitled immediately before the appointed day, and the salary and allowances of the Governor-General shall be the salary and allowances to which the Governor and Commander-in-Chief of the Bahamas Island was entitled immediately before such day.

Transitional provisions relating to existing Commissions.

Any power of the Governor and Commander-in-Chief of the Bahamas Island acting on the recommendation of the Public Service Commission established by the existing Order which has been validly delegated to any public officer under that Order shall, as from the appointed day, be deemed to have been delegated to that public officer to the extent that power could be so delegated under Article 110 of the Constitution.

Any matter which, immediately before the appointed day, is pending before an existing Commission or, as the case may be, before any person or authority on whom the power to deal with such matter has been conferred under the existing Order shall as from the appointed day be continued before the Public Service Commission established by the Constitution, or the Public Service Board of Appeal, or the Judicial and Legal Service Commission, or the Police Service Commission, so established or, as the case may be, the said person or authority:

Provided that where an existing Commission or, as the case may be, any person or authority as aforesaid has, immediately before the appointed day, partly completed the hearing of a disciplinary proceeding (in this section referred to as "the original hearing"), no person shall take part in the continued hearing unless he has also taken part in the original hearing; and where by virtue of this subsection the original hearing cannot be so continued the hearing of the disciplinary proceeding shall be recommenced.

A person who immediately before the appointed day holds the office of Chairman or other member of an existing Commission shall, as from the appointed day, continue to hold the like office as if he had been appointed thereto in accordance with the provisions of the Constitution and shall be deemed to have been duly appointed to such office under the Constitution.

The provisions of Articles 107(3), 114(3), 116(3) or 118(3), as the case may be, of the Constitution shall have effect in relation to such a person as if the date of his appointment under the existing Order were the date of his appointment under the existing Order were the date of his appointment under the Constitution.

Until Parliament otherwise prescribes under Article 117(2) of the Constitution the public offices to which Article 117(1) thereof applies shall be the offices of Solicitor-General, Registrar of the Supreme Court, Legal Draftsman, Senior Crown Counsel, Chief Magistrate, Registrar General, Stipendiary and Circuit Magistrate, Crown Counsel, Assistant Legal Draftsmen, Assistant Registrar, Deputy Registrar General and Assistant Crown Counsel.

In this section "an existing Commission" means the Public Service Commission established under the existing Order or, as the case may be, the Public Service Board of Appeal, or the Judicial and Legal Service Commission, or the Police Service Commission, so established.

Emergency Powers Order in Council 1939.

The Emergency Powers Order in Council 1939(a) and any Order in Council amending that Order(b) shall cease to have effect as part of the law of The Bahamas on 10th July 1974 or such earlier date as Parliament may prescribe.

Until such time as the said Orders cease to have effect under subsection (1) of this section they shall continue to have effect in respect of The Bahamas as they had effect in respect of the former Colony of the Bahamas Island immediately before the appointed day, except that the powers exercisable by the Governor thereunder shall be exercisable by the Governor-General acting in accordance with the advice of the Prime Minister.

Transfer of Crown Lands Fund for Development to Consolidated Fund.

15.- All sums standing to the credit of the Crown Lands Fund for Development immediately before the appointed day shall as from that day form part of the Consolidated Fund, and all sums charged on the Crown Lands Fund for Development immediately before that day shall as from that day stand charged on the Consolidated Fund.

Transitional provisions relating to compensation etc.

16.- Any compensations, gratuity, grant or allowance paid or payable, whether before or after the appointed day, under any regulation made by the Governor under section 15 of the Bahamas Islands (Constitution) Order in Council 1963(c) or under section 9 of the Bahamas Island (Constitution) Order 1969, which under those regulations as in force immediately prior to the appointed day was or would have been exempt from tax in the Bahamas Island, shall be exempt from tax to the same extent in The Bahamas after the appointed day.

Alteration of his Order.

Parliament may alter any of the provisions of this Order (in so far as those provisions form part of the law of The Bahamas), other than those mentioned in subsections (2) and (3) of this section, in the same manner as it may alter the provisions of the Constitution other than those specified in paragraphs (2) and (3) of Article 54 of the Constitution.

Parliament may alter subsection (6) of section 5 of this Order and this section in the same manner as it may alter the provisions specified in Article 54(3) of the Constitution.

Parliament may alter sections 8, 9, 12, subsections (3), (4) and (5) of section 13 and section 16 of this Order in the same manner as it may alter the provisions specified in Article 54(2) of the Constitution.

In this section "alter" has the same meaning as in Article 54(4)(b) of the Constitution.

W. G. Agnew

THE CONSTITUTION OF THE COMMONWEALTH OF THE BAHAMAS

Whereas Four hundred and eighty-one years ago the rediscovery of this Family of Islands, Rocks and Cays heralded the rebirth of the New World;

And Whereas the People of this Family of Islands recognizing that the preservation of their Freedom will be guaranteed by a national commitment to Self-discipline, Industry, Loyalty, Unity and an abiding respect for Christian values and the Rule of Law;

Now Know Ye Therefore:

We the Inheritors of and Successors to this Family of Islands, recognizing the Supremacy of God and believing in the Fundamental Rights and Freedoms of the Individual, Do Hereby Proclaim in Solemn Praise the Establishment of a Free and Democratic Sovereign Nation founded on Spiritual Values and in which no Man, Woman or Child shall ever be Slave or Bondsman to anyone or their Labour exploited or their Lives frustrated by deprivation, and do Hereby Provide by these Articles for the indivisible Unity and Creation under God of the Commonwealth of The Bahamas.

CHAPTER I THE CONSTITUTION

1.- The Commonwealth of the Bahamas shall be a sovereign democratic State.

The Constitution is supreme law.

2.- This Constitution is the supreme law of the Commonwealth of The Bahamas and, subject to the provisions of this Constitution, if any other law is inconsistent with this Constitution, this Constitution, shall prevail and the other law shall, to the extent of the inconsistency, be void.

CHAPTER II CITIZENSHIP

Persons who become citizens on 10th July 1973.

3.- (1) Every person who, having been born in the former Colony of the Bahamas Islands, is on 9th July 1973 a citizen of the United Kingdom and Colonies shall become a citizen of the Bahamas on 10th July 1973.

(2) Every person who, having been born outside the former Colony of the Bahamas Islands, is on 9th July 1973 a citizen of the United Kingdom and Colonies shall, if his father becomes or would but for his death have become a citizen of The Bahamas in accordance with the provisions of the preceding paragraph, become a citizen of The Bahamas on 10th July 1973.

(3) Every person who on 9th July 1973 is a citizen of the United Kingdom and Colonies having become such a citizen under the British Nationality Act 1948 by virtue of his having been registered in the former Colony of the Bahamas Islands under that Act shall become a citizen of The Bahamas on 10th July 1973:

Provided that this paragraph shall not apply to any citizen of the United Kingdom and Colonies-

(a) who was not ordinarily resident in that Colony on 31st December 1972, or

(b) who became registered in that Colony on or after 1st January 1973, or

(c) who on 9th July 1973 possesses the citizenship or nationality of some other country.

Persons who become citizens on 9th July 1974.

4.- Every person who on 9th July 1973 is a citizen of the United Kingdom and Colonies-

(a)having become such a citizen under the British Nationality Act 1948 by virtue of his having been naturalized in the former Colony of the Bahamas Islands before that Act came into force, or

(b) having become such a citizen by virtue of his having been naturalized in the former Colony of the Bahamas Islands under that Act,

shall become a citizen of The Bahamas on 9th July 1974, unless prior to that date, he has in such manner as may be prescribed declared that he does not desire to become a citizen of The Bahamas:

Provided that this section shall not apply to a citizen of the United Kingdom and Colonies who on 9th July 1973 possesses the citizenship or nationality of some other country.

Persons entitled to be registered as citizens.

5.- (1) Any woman who, on 9th July 1973, is or has been married to a person-

(a) who becomes a citizen of The Bahamas by virtue of Article 3 of this Constitution; or

(b) who, having died before 10th July 1973, would, but for his death, have become a citizen of The Bahamas by virtue of that Article, shall be entitled, upon making application and upon taking the oath of allegiance or such declaration in such manner as may be prescribed, to be registered as a citizen of The Bahamas:

Provided that the right to be registered as a citizen of The Bahamas under this paragraph shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.

(2) Any person who, on 9th July 1973, possesses Bahamian Status under the provisions of the Immigration Act 1967(a) and is ordinarily resident in the Bahamas Islands, shall be entitled, upon making application before 19th July 1974, to be registered as a citizen of The Bahamas.

(3) Notwithstanding anything contained in paragraph (2) of this Article, a person who has attained the age of eighteen years or who is a woman who is or has been married shall not, if he is a citizen of some country other than The Bahamas, be entitled to be registered as a citizen of The Bahamas under the provisions of that paragraph unless he renounces his citizenship of that other country, takes the oath of allegiance and makes and registers such declarations may be prescribed:

Provided that where a person cannot renounce his citizenship of the other country under the law of that country he may instead make such declaration concerning that citizenship as may be prescribed.

(4) Any application for registration under paragraph (2) of this Article shall be subject to such exceptions or qualifications as may be prescribed in the interest of national security or public policy.

(5) Any woman who on 9th July 1973 is or has been married to a person who subsequently becomes a citizen of The Bahamas by registration under paragraph (2) of this Article shall be entitled, upon making application and upon taking the oath of allegiance or such declaration as may be prescribed, to be registered as a citizen of The Bahamas:

(6) Any application for registration under this Article shall be made in such manner as may be prescribed as respects that application:

Provided that such an application may not be made by a person who has not attained the age of eighteen year and is not a woman who is or has been married, but shall be made on behalf of that person by a parent or guardian of that person.

Persons born in The Bahamas after 9th July 1973.

6.- Every person born in The Bahamas after 9th July 1973 shall be come a citizen of The Bahamas at the date of his birth if at that date either of his parents is a citizen of The Bahamas.

Persons born in The Bahamas after 9th July 1973 of non-citizen parents.

7.- (1) A person born in The Bahamas after 9th July 1973 neither of whose parents is a citizen of The Bahamas shall be entitled, upon making application on his attaining the age of eighteen years or within twelve months thereafter in such manner as may be prescribed, to be registered as a citizen of The Bahamas:

Provided that if he is a citizen of some country other than The Bahamas he shall not be entitled to be registered as a citizen of The Bahamas under this Article unless he renounces his citizenship of that other country, takes the oath of allegiance and makes and registers such declaration of his intentions concerning residence as may be prescribed.

(2) Any application for registration under this Article shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.

Persons born outside The Bahamas after 9th July 1973.

8.- A persons born outside The Bahamas after 9th July 1973 shall become a citizen of The Bahamas at the date of his birth if at that date his father is a citizen of The Bahamas otherwise than by virtue of this Article or Article 3(2) of this Constitution.

Further provisions for persons born outside The Bahamas after 9th July 1973.

9.- (1) Notwithstanding anything contained in Article 8 of this Constitution, a person born legitimately outside The Bahamas after 9th July 1973 whose mother is a citizen of The Bahamas shall be entitled, upon making application on his attaining the age of eighteen years and before he attains the age of twenty-one years, in such manner as may be prescribed, to be registered as a citizen of The Bahamas:

(2) Where a person cannot renounce his citizenship of some other country under the law of that country, he may instead make such declaration concerning that citizenship as may be prescribed.

(3) Any application for registration under this Article shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.

Marriage to citizens of The Bahamas.

10.- Any woman who, after 9th July 1973, marries a person who is or becomes a citizen of The Bahamas shall be entitled, provided she is still so married, upon making application in such manner as may be prescribed and upon taking the oath of allegiance of such declaration as may be prescribed, to be registered as a citizen of The Bahamas:

Provided that the right to be registered as a citizen of The Bahamas under this Article shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security of public policy.

Deprivation of citizenship.

11.- (1) If the Governor-General is satisfied that any citizen of The Bahamas has at any time after 9th July 1973 acquired by registration, naturalization or other voluntary and formal act (other than marriage) the citizenship of any other country any rights available to him under the law of that country, being rights accorded exclusively to its citizens, the Governor-General may by order deprive that person of his citizenship.

(2) If the Governor-General is satisfied that any citizen of The Bahamas has at any time after 9th July 1973 voluntarily claimed and exercised in any other country any rights available to him under the law of that country, being rights accorded exclusively to its citizens, the Governor-General may by order deprive that person of his citizenship.

Renunciation of citizenship.

12.- Any citizen of The Bahamas who has attained the age of twenty-one years and who-

(a) is also a citizen or national of any other country; or

(b) intends to become a citizen or national of any other country,

- shall be entitled to renounce his citizenship of The Bahamas by a declaration made and registered in such manner as may be prescribed:

Provided that- (a) in the case of a person who is not a citizen or national of any other country at the date of registration of his declaration or renunciation, if he does not become such a citizen or national within six months from the date of registration he shall be, and shall be deemed to have remained, a citizen of The Bahamas notwithstanding the making and registration of his declaration of his declaration of renunciation; and

> (b) the right of any person to renounce his citizenship of The Bahamas during any period when The Bahamas is engaged in any war shall be subject to such exceptions or qualification as may be prescribed in the interests of national security or public policy.

Power of Parliament.

13.- Parliament may make provision-

(a) for the acquisition of citizenship of The Bahamas by persons who do not become citizens of The Bahamas by virtue of the provisions of this Chapter;

(b) for depriving of his citizenship of The Bahamas any person who is a citizen of The Bahamas otherwise than by virtue of paragraphs (1) or (2) of Articles 6 or 8 of this Constitution; or

(c) for the certification of citizenship of The Bahamas for persons who have acquired that citizenship and who desire such certification.

Interpretation.

14.- (1) Any reference in this Chapter to the father of a person shall, in relation to any person born out of wedlock other than a person legitimated before 10th July 1973, be construed as a reference to the mother of that person.

(2) For the purposes of this Chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.

(3) Any reference in this Chapter to the national status of the father of a person at the time of that person's birth, shall, in relation to a person born after the death of the father, be construed as a reference to the national status of the father at the time of the father's death; and where that death occurred before 10th July 1973 and the birth occurred after 9th July 1973 the national status that the father would have had if he had died on 10th July 1973 shall be deemed to be his national status at the time of his death.

CHAPTER III PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

Fundamental rights and freedoms of the individual.

15.- Whereas every person in The Bahamas is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-

(a) life, liberty, security of the person and the protection of the law;

(b) freedom of conscience, of expression and of assembly and association; and

(c) protection for the privacy of his home and other property and from deprivation of property without compensation, the subsequent provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.

Protection of right to life.

16.- (1) No person shall be deprived intentionally of his life save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted.

(2) A person shall not be regarded as having been deprived of his life in contravention of this Article if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable-

(a) for the defence of any person from violence or for the defence of property;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

(c) for the purpose of suppressing a riot, insurrection or mutiny; or

(d) in order to prevent the commission by tat person of a criminal offence.

- or if he dies as a result of a lawful act of war.

Protection from inhuman treatment.

17.- (1) No person shall be subjected to torture or to inhuman or degrading treatment or punishment.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question authorizes the infliction of any description of punishment that was lawful in the Bahamas Islands immediately before 10th July 1973.

Protection from slavery and forced labour.

18.- (1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced labour.

(3) For the purposes of this Article, "forced labour" does not include-

(a) any labour required in consequence of the sentence or order of a court;

(b) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service in a naval, military or air force, any labour which that person is required by law to perform in place of such service;

(c) labour required of any person while he is lawfully detained which, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place in which he is detained; or

(d) any labour required during a period of public emergency (that is to say, a period to which Article 29 of this Constitution applies) or in the event of any other emergency or calamity that threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation.

Protection from arbitrary arrest or detention.

19.- (1) No person shall be deprived of his personal liberty save as may be authorized by law in any of the following cases-

(a) in execution of the sentence or order of a court, whether established for The Bahamas or some other country, in respect of a criminal offence of which he has been convicted or in consequence of his unfitness to plead to a criminal charge or in execution of the order of a court on the grounds of his contempt of that court or of another court or tribunal;

(b) in execution of the order of a court made in order to secure the fulfillment of any obligation imposed upon him by law;

(c) for the purpose of bringing him before a court in execution of the order of a court;

(d) upon reasonable suspicion of his having committed, or of being about to commit, a criminal offence;

(e) in the case of a person who has not attained the age of eighteen years, for the purpose of his education or welfare;

(f) for the purpose of preventing the spread of an infectious or contagious disease or in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his case or treatment of the protection of the community;

(g) for the purpose of preventing the unlawful entry of that person into The Bahamas or for the purpose of effecting the expulsion, extradition or other lawful removal from the Bahamas of that person or the taking of proceedings relating thereto; and without prejudice to the generality of the foregoing, a law may, for the purposes of this sub-paragraph, provide that a person who is not a citizen of The Bahamas may be deprived of this liberty to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within The Bahamas or prohibiting him from being within such an area.

(2) Any person who is arrested or detained shall be informed as soon as is reasonably practicable, in a language that he understands, of the reason for his arrest or detention and shall be permitted, at his own expense, to retain and instruct without delay a legal representative of his own choice and to hold private communication with him; and in the case of a person who has not attained the age of eighteen years he shall also be afforded a reasonable opportunity for communication with his parent or guardian.

(3) Any person who is arrested or detained in such a case as is mentioned in sub-paragraph (1)(c) or (d) of this Article and who is not released shall be brought without undue delay before a court; and if any person arrested or detained in such a case as is mentioned in the said sub-paragraph (1)(d) is not tried within a reasonable time he shall (without prejudice to any further proceedings that may be brought against him) be released either unconditionally or upon reasonably necessary to ensure that he appears at a later date for trial of for proceedings preliminary to trial.

(4) Any person who is unlawfully arrested or detained by any other persons hall be entitled to compensation therefor from that other person.

(5) Where a person is detained by virtue of such a law as is referred to in Article 29 of this Constitution, the following provisions shall apply-

(a) he shall, as soon as reasonably practicable and in any case not more than five days after the commencement of his detention, be furnished with a statement in writing, in a language that he understands, of the grounds upon which he is detained;

(b) not more than fourteen days after the commencement of his detention, a notification shall be published in the Gazette stating that he has been detained and giving particulars of the provisions of law under which his detention is authorized;

(c) he may from time to time request that his case be reviewed under sub-paragraph (d) of this paragraph but, where he has made such a request, no subsequent request shall be made before the expiration of three months from the making of the previous request;

(d) where a request is made under sub-paragraph (c) of this paragraph, the case shall, within one month of the making of the request, be reviewed by an independent and impartial tribunal established by law, presided over by the Chief Justice or another Justice of the Supreme Court appointed by him, and consisting of persons who are Justices of the Supreme Court or who are qualified to be appointed as Justices of the Supreme Court:

(e) he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal representative of his own choice, and he and any such legal representative shall be permitted to make written or oral representations or both to the tribunal appointed for the review of his case.

(6) On any review by a tribunal in pursuance of paragraph (5) of this Article of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered, but unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.

(7) When any person is detained by virtue of such a law as is referred to in Article 29 of this Constitution the Prime Minister of a Minister authorized by him shall, not more than thirty days after the commencement of the detention and thereafter no more than thirty days after the making of the previous report, make a report to each House stating the number of persons detained as aforesaid and the number of cases in which the authority that ordered the detention has not acted in accordance with the recommendations of a tribunal appointed in pursuance of paragraph 85) of this Article:

Provided that in reckoning any period of thirty days for the purposes of this paragraph no account shall be taken of any period during which parliament stands prorogued or dissolved.

Provisions to secure protection of law.

20.- (1) If any person is charged with a criminal offence, then unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.

(2) Every person who is charged with a criminal offence-

(a) shall be presumed to be innocent until he is proved or has pleaded guilty;

(b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged;

(c) shall be given adequate time and facilities for the preparation of his defence;

(d) shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice or by a legal representative at the public expense where so provided by or under a law in force in The Bahamas;

(e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, ad to obtain the attendance and carry out the examination of witnesses to testify on hi behalf before the court on the same condition as those applying to witnesses called by the prosecution;

(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge; and

(g) shall, when charged on information in the Supreme Court, have the right to trial by jury;

and except with his own consent the trial shall not take place in his absence unless he so conduct himself in the court as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.

(3) When a person is tried for any criminal offence, the accused person or any person authorized by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.

(4) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.

(5) No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.

(6) No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.

(7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.

(8) Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right of obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are institute by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time.

(9) All proceeding instituted in any court for the determination of the existence or extent of any civil right or obligation, including the announcement of the decision of the court, shall be held in public,

(10) Nothing in paragraph (9) of this Article shall prevent the court from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court-

(a) may be empowered by law so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice, or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of eighteen years of the protection of the private live of persons concerned in the proceedings;

(b) may be empowered or required by law to do so in the interests of defence, public safety of public order; or

(c) may be empowered or required to do so by rules of court and practice existing immediately before 10th July 1973 of by any law made subsequently to the extent that it makes provisions substantially to the same effect as provision contained in any such rules.

(11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-

(a) sub-paragraph (2)(a) of this Article to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;

(b) sub-paragraph (2)(e) of this Article to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds;

(c) paragraph (5) of this Article to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law.

Protection for privacy of home and other property.

21.- (1) Except with his consent, no person shall be subjected to the search of his person or his property of the entry by others on his premises.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provisions-

(a) which is reasonably required-

(i) in the interests of defence, public safety, public order, public morality, public health, town and country planning, he development of mineral resources, or the development of utilization of nay other property in such a manner as to promote the public benefit; or

(ii) for the purpose of protecting the rights and freedoms other persons;

(b) to enable an officer or agent of the Government of The Bahamas, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and the belongs to that Government, authority or body corporate, as the case may be; or

(c) to authorize, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or the entry upon any premises by such order,

- and except so far as that provisions or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

Protection of freedom of conscience.

22.- (1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this Article the said freedom includes freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion of belief in worship, teaching, practice and observance.

(2) Except with his consent (or, if he is a person who has not attained the age of eighteen years, the consent of his guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance of that instruction, ceremony or observance relates to a religion other than his own.

(3) No religious body or denomination shall be prevented from or hindered in providing religious instruction for persons of that body of denomination in the course of any education provided by that body or denomination whether or not that body or denomination is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in whole or in part, the cost of such course of education.

(4) No person shall be compelled to take any oath which is contrary to his religion or belief of to take any oath in a manner which is contrary to his religion or belief.

(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision which is reasonably required-

(a) in the interest of defence, public safety, public order, public morality or public health; or

(b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the unsolicited interference of member of any other religion,

- and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

Protection of freedom of expression.

23.- (1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this Article the said freedom includes freedom to hold opinions, to receive and impart ideas and information without interference, and freedom from interference with his correspondence.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision-

(i) in the interests of defence, public safety, public order, public morality or public health; or

(ii) for the purposes of protecting the rights, reputations and freedoms of other persons, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or regulating telephony, telegraphy, posts, wireless broadcasting, television, public exhibitions or public entertainment; or

(b) which imposes restrictions upon persons holding office under the Crown or upon members of a disciplined force,

and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

Protection of freedom of assembly and association.

24.- (1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties, or to form or belong to trade unions or other association for the protection of his interests.

(a) which is reasonably required- (i) in the interest of defence, public safety, public order, public morality or public health; or

> (ii) for the purpose of protecting the rights and freedoms of other persons; or

(b) which imposes restriction upon person s holding office under the Crown or upon members of a discipline force,

Protection of freedom of movement.

25.- (1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of movement, and for the purposes of this Article the said freedom means the right to move freely throughout The Bahamas, the right to reside in any part thereof, the right to enter The Bahamas, the right to leave The Bahamas and immunity from expulsion therefrom.

(i) in the interests of defence, public safety, public order, public morality, public health, town and country planning of the prevention of plant or animal diseases; or

(ii) for the purpose of protecting the rights and freedoms of other persons,

- and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society;

(b) for the removal of a person from The Bahamas to be tried outside The Bahamas for a criminal offence or to undergo imprisonment in some other country in respect of a criminal offence of which he has been convicted;

(c) for the imposition of restriction upon the movement of residence within The Bahamas of public officers or member of a disciplined force that are reasonably required for the purpose of the proper performance of their functions; or

(d) for the imposition of restriction on the right of any person to leave The Bahamas of any person who is not a citizen of The Bahamas or the exclusion or expulsion therefrom of any such person; or

(e) for the imposition of restrictions on the right of any person to leave The Bahamas in the public interest, or for securing compliance with any international obligation of the Government of The Bahamas particulars of which have been laid before Parliament.

(3) Any restriction on a person's freedom of movement which is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this Article.

(4) For the purposes of sub-paragraph (c) of paragraph (2) of this Article "law" in that paragraph includes directions in writing regarding the conduct of public officers generally of any class of public officer issued by the Government of The Bahamas.

Protection from discrimination on the grounds of race, etc.

26.- (1) Subject to the provision of paragraph (4), (5) and (9) of this Article no law shall make any provision which is discriminatory either of itself or in its effect.

(2) Subject to the provisions of paragraphs (6), (9) and (10) of this Article, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the function of any public office or any public authority.

(3) In this Article, the expression "discriminatory" means affording different treatment to different person attributable wholly or mainly to their respective descriptions by race, place of origin political opinions colour or creed whereby person of one such description are subjected to disabilities or restrictions to which person of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.

(4) Paragraph (1) of this Article shall not apply to any law so far as that law makes provision-

(a) for the appropriation of revenues or other funds of The Bahamas or for the imposition of taxation (including the levying of feed for the grant of licenses); or

(b) with respect to the entry into or exclusion from, or the employment, engaging in any business or profession, movement of residence within, The Bahamas of persons who are not citizens of The Bahamas; or

(c) with respect to adoption, marriage, divorce, burial, devolution f property on death or other matters of personal law; or

(d) whereby persons of any such description as is mentioned in paragraph (3) for this Article may be subjected to any disability or restriction or may be accorded any privilege or advantage which having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society; or

(e) for authorizing the granting of licenses or certificates permitting the conduct of a lottery, the keeping of a gaming house or the carrying on of gambling in any of its forms subject to conditions which impose upon persons who are citizens of The Bahamas disabilities or restriction to which other persons are not made subject.

(5) Nothing contained in any law shall be held to be inconsistent whit or in contravention of paragraph (1) of this Article to the extent that it makes provision with respect to standards or qualifications (not being a standard or qualification specifically relating to race, place of origin, political opinions, colour or creed) in order to be eligible for service as a public officer or as a member of a disciplined force of for the service of a local government authority or a body corporate established by law for public purposes.

(6) Paragraph (2) of this Article shall not apply to anything which is expressly of by necessary implication authorized to be done by any such provision of law as is referred to in paragraphs (4) or (5) of this Article.

(7) Subject to the provisions of subparagraph (4)(e) and of paragraph (9) of this Article no person shall be treated in a discriminatory manner in respect of access to any of the following places to which the general public have access, namely, shops, hotels, restaurants, eating-houses, licensed premises, places of entertainment or places of resort.

(8) Subject to the provisions of this Article no person shall be treated in a discriminatory manner-

(a) in respect of any conveyance or lease or agreement for, or in consideration of , or collateral to, a conveyance or lease of any freehold or leasehold hereditament which have been offered for sale or lease to the general public;

(b) in respect of any covenant or provision in any conveyance or lease or agreement for , or in consideration of, or collateral to, a conveyance or lease restricting by discriminatory provision the transfer, ownership, use or occupation of any freehold or leasehold hereditament which have been offered for sale or lease to the general public.

(9) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision whereby persons of any such description as is mentioned in paragraph (3) of this Article may be subjected to any restriction on the rights and freedoms guaranteed by Articles 21,22,23,24 and 25 of this Constitution, being such a restriction as is authorized by Article 21(2)(a), 22(5), 23(2), 24(2) or 25(2)(a) or (e), as the case may be.

(10) Nothing in paragraph (2) of this Article shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.

Protection from deprivation of property.

27.- (1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say-

(a) the taking of possession or acquisition is necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning or the development or utilization of any property in such manner as to promote the public benefit or the economic well-being of the community; and

(b) the necessity thereof is such as to afford reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the property; and

(c) provision is made by a law applicable to that taking of possession or acquisition-

(i) for the making of prompt and adequate compensation in the circumstances; and

(ii) securing to any person having an interest in or right over the property a right of access to the Supreme Court, whether direct or on appeal from any other authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any compensation to which he is entitled, and for the purpose of obtaining prompt payment of that compensation; and

(d) any party to proceedings in the Supreme Court relating to such a claim is given by law the same rights of appeal as are accorded generally to parties to civil proceedings in that Court sitting as a court of original jurisdiction.

(2) Nothing in this Article shall be construed as affecting the making or operation of any law so far as it provides for the taking of possession or acquisition of property-

(a) in satisfaction of any tax, rate or due;

(b) by way of penalty for breach of the law, whether under civil process or after conviction of a criminal offence under the law of The Bahamas;

(c) as an incident of a lease, tenancy, mortgage, charge, bill of sale,pledge or contract;

(d) upon the attempted removal of the property in question out of or into The Bahamas in contravention of any law;

(e) by way of the taking of a sample for the purposes of any law;

(f) where the property consist of an animal upon its being found trespassing or straying;

(g) in the execution of judgments or orders of courts;

(h) by reason of its being in a dilapidated or dangerous state of injurious to the health of human being, animals or plants;

(i) in consequence of any law making provision for the validation of titles to land of (without prejudice to the generality of the foregoing words) the confirmation of such titles, or for the extinguishment of adverse claims, or with respect to prescription or the limitation of actions,

(j) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, the carrying out thereon-

(i) of work or reclamation, drainage, soil conservation or the conservation of other natural resources; or

(ii) of agricultural development or improvement that the owner or occupier of the land has been required, and has without reasonable and lawful excuse, refused or failed to carry out; or

(k) to the extent that the law in question makes provision for the vesting or taking of possession or acquisition or administration of-

(i) enemy property;

(ii) property of a deceased person, a person of unsound mind of a person who has not attained the age of twenty-one years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;

(iii) property of a person adjudged insolvent or a defunct company that has been struck off the Register of Companies, of a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of that insolvent person or body corporate and, subject thereto, for the benefit of other person entitled to the beneficial interest in the property; or

(iv) property subject to a trust, for the purpose of vesting the property in person appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.

(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision for the orderly marketing or production or growth or extraction of any agricultural or fish product or mineral or water or any article or thing prepared for market or manufactured therefor of for the reasonable restriction of the use of any property in the interest of safeguarding the interests of others or the protection of tenants, licensees or others having rights in or over such property.

(4) Nothing contained in or done under that authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision for the compulsory taking possession in the public interest of any property, or the compulsory acquisition in the public interest or right is held by a body corporate established directly by law for public purpose in which no monies have been invested other than monies provided by Parliament or by any Legislature established for the former Colony of the Bahamas Islands.

Enforcement of fundamental rights.

28.- (1) If any person alleges that any of the provisions of Articles 16 to 27 (inclusive) of this Constitution has been, is being of is likely to be contravened in relation to him then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the Supreme Court for redress.

(2) The Supreme Court shall have original jurisdiction-

(a) to hear and determine any application made by any person in pursuance of paragraph (1) of this Article; and

(b) to determine any question arising in the case of any parson which is referred to it in pursuance of paragraph (3) of this Article,

- and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of the said Articles 16 to 27 (inclusive) to the protection of which the person concerned is entitled:

Provided that the Supreme Court shall not exercise its power under this paragraph if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law.

(3) If, in any proceedings in any court established for The Bahamas other than the Supreme Court or the Court of Appeal, any question arises as to the contravention of any of the provisions of the said Articles 16 to 27 (inclusive), the court in which the question to the Supreme Court.

(4) No law shall make provision with respect to rights of appeal from any determination of the Supreme Court in pursuance of this Article that is less favorable to any party thereto than the rights of appeal from determinations of the Supreme Court that are accorded generally to parties to civil proceedings in that Court sitting as a court or original jurisdiction.

(5) Parliament may make laws to confer upon the Supreme Court such additional or supplementary powers as may appear to be necessary or desirable for enabling the Court more effectively to exercise the jurisdiction conferred upon it by paragraph (2) of this Article and may make provision with respect to the practice and procedure of the Court while exercising that jurisdiction.

Provisions for time of war or emergency.

29.- (1) This Article applies to any period when-

(a) The Bahamas is at war; or

(b) there is in force a proclamation (in this section referred to as a "proclamation of emergency") made by the Governor-General and published in the Gazette declaring that a state of public emergency exists for the purposes of this section.

(2) Nothing contained in or done under that authority of any law shall be held to be inconsistent with or in contravention of Article 19, any provision of Article 20 other than paragraph (4) thereof, or any provision of Article 21 to 26 (inclusive) of this Constitution to the extent that the law in Question makes in relation to any period to which this Article applies provision, or authorizes the doing during any such period of anything, which is reasonably justifiable in the circumstances of any situation or existing during that period for the purpose of dealing with that situation.

(3) Where any proclamation of emergency has been made, copies thereof shall as soon as practicable be laid before both Houses of Parliament, and if for any cause those Houses are not due to meet within five days the Governor-General shall, by proclamation published in the Gazette, summon them to meet within five days and they shall accordingly meet and sit upon the day appointed by the proclamation and shall continue to sit and act as if they had stood adjourned or prorogued to that day:

provided that if the proclamation of emergency is made during the period between a dissolution of Parliament and the next ensuing general election-

(a) the Houses to be summoned as aforesaid shall be the Houses referred to in Article 66 of this Constitution unless the Governor-General is satisfied that it will be practicable to hold that election within seven days of the making of the proclamation of emergency; and

(b) if the Governor-General is so satisfied, he shall (instead of summoning the House so referred to meet within five days of the making of the proclamation ) summon the Houses of the new Parliament to meet as soon as practicable after the holding of that election.

(4) A proclamation of emergency shall, unless it is sooner revoked by the Governor-General, cease to be in force at the expiration of a period of fourteen days beginning on the date on which it was made or such longer period as may be provided under paragraph (5) of this Article, but without prejudice to the making of another proclamation of emergency at or before the end of that period.

(5) If at any time while a proclamation of emergency is in force (including any time while it is in force by virtue of the provisions of this paragraph) a resolution is passed by each House of Parliament approving its continuance in force for a further period, not exceeding six months, beginning on the date on which it would otherwise expire, the proclamation shall, if not sooner revoked, continue in force for that further period.

Saving of existing law.

30.- (1) Subject to paragraph (3) of this Article, nothing contained in or done under the authority of any written law shall be held to be inconsistent with or in contravention of any provision of Articles 16 to 27 (inclusive) of this Constitution to the extent that the law in question-

(a) is a law (in this Article referred to as "an existing law") that was enacted or made before 10th July 1973 and has continued to be part of the law of The Bahamas at all times since that day;

(b) repeals and re-enacts an existing law without alteration; or

(c) alters an existing law and does not thereby render that law inconsistent with any provision of the said Articles 16 to 27 (inclusive) in a manner in which, or to an extent to which, it was not previously so inconsistent.

(2) In sub-paragraph (1)(c) of this Article the reference to altering an existing law includes references to repealing it and re-enacting it with modifications or making different provisions in lieu thereof, and to modifying it; and in paragraph 81) of this Article "written law" includes any instrument having the force of law and in this paragraph and the said paragraph (1) references to the repeal and re-enactment of an existing law shall be construed accordingly.

(3) This Article does not apply to any regulation or other instrument having legislative effect made, or to any executive act done, after 9th July 1973 under the authority of any such law as is mentioned in paragraph (1) of this Article.

31.- (1) In this Chapter-

"contravention", in relation to any requirement, includes a failure to comply with that requirement; and cognate expressions shall be construed accordingly;

"court" means any court of law having jurisdiction in The Bahamas other than a court established by a disciplinary law, and includes the Judicial Committee of Her Majesty's Privy Council or any court substituted therefore by any law made under Article 105 of this Constitution and-

(a) In Article 16, Article 18, Article 19, paragraphs (2), (3), (5), (8), (9) and (10) of Article 26 and paragraph (3) of Article 28 of this Constitution includes, in relation to an offence against a disciplinary law, a court established by such a law; and

(b) In Article 18, Article 19 and paragraph (3) of Article 28 of this Constitution includes, in relation to an offence against a disciplinary law, any person or authority empowered to exercise jurisdiction in respect of that offence;

"disciplinary law" means a law regulating the discipline of any disciplined force;

"disciplined force" means-

(a) a naval, military or air force;

(b) the Police Service of The Bahamas; or

(c) the Prison Service of The Bahamas; or

(d) any other force or service specified by Act of Parliament to be a disciplined force for the purposes of this Chapter;

"legal representative" means a person entitled to practice in The Bahamas as Counsel and Attorney of the Supreme Court;

"member" in relation to a disciplined force includes any person who, under the law regulating the discipline of that force, is subject to that discipline.

(2) Any reference in Articles 16, 19, 25 and 27 of this Constitution to a criminal offence shall be construed as including an offence against disciplinary law, and any such reference in paragraphs (2) to (7) (inclusive) of Article 20 of this Constitution shall, in relation to proceedings before a court constituted by or under disciplinary law, be construed in the same manner.

(3) In relation to any person who is a member of a disciplined force raise under a law of any country other than The Bahamas and lawfully present in The Bahamas, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent, with or in contravention of any of the provisions of this Chapter.

CHAPTER IV THE GOVERNOR-GENERAL

Establishment of office of Governor-General.

32.- There shall be a Governor-General of The Bahamas who shall be appointed by Her Majesty and shall hold office during Her Majesty's pleasure and who shall be Her Majesty's representative in The Bahamas.

Acting Governor-General.

33.- (1) Whenever the office of Governor-General is vacant of the holder of the office is absent from The Bahamas or is for any other reason unable to perform the functions of his office, those functions shall be performed-

(a) by any person for the time being designated by her Majesty in that behalf who is in The Bahamas and able to perform those functions; or

(b) at any time when there is no person in The Bahamas so designated and able to perform those functions, by the holder of the office of Chief Justice; or

(c) at any time referred to in sub-paragraph (b) of this paragraph when the office of Chief Justice is vacant or the holder thereof is absent from The Bahamas or is for any other reason unable to perform those functions, by the President of the Senate.

(2) The holder of the office of Governor-General or any person designated under sub-paragraph (1)(a) of this Article or by sub-paragraph (1)(b) of this Article shall not, for the purposes of this Article, be regarded as absent from The Bahamas or as unable to perform the function of the office of Governor-General at any time when there is a subsisting appointment of a deputy under Article 34 of this Constitution.

Deputy to Governor-General.

34.- (1) Whenever the Governor-General-

(a) has occasion to be absent from The Bahamas for a period which he has reason to believe will be of short duration; or

(b) is suffering from an illness that he has reason to believe will be of short duration,

- he may, acting in accordance with the advice of the Prime Minister, by instrument under the Public Seal, appoint any person in The Bahamas to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the function of the office of Governor-General as may be specified in that instrument.

(2) The power and authority of the Governor-General shall nor be abridged, altered or in any way affected by the appointment of a deputy under this Article, and in the exercise of any function that is exercisable by the Governor-General acting in accordance with his own deliberate judgment or after consultation with any person or authority a deputy shall conform to and observe any instructions that the Governor-General, acting in like manner, may address to him;

Provided that the question whether or not a deputy has conformed to or observed any such instruction shall not be inquired into in any court.

(3) A person appointed as a deputy under this Article shall hold that appointment for such period as may be specified in the instrument by which he is appointed, and his appointment may be revoked at any time by the Governor-General acting in accordance with the advice of the Prime Minister.

Personal staff of Governor-General.

35.- (1) Parliament may prescribe the offices that are to constitute the personal staff of the Governor-General, the salaries and allowances that are to be paid in respect of the expenditure attaching to the office of Governor-General.

(2) Any salaries or other sums prescribed under paragraph (1) of this Article are hereby charged on and shall be paid out of the Consolidated Fund.

Subject to the provisions of paragraph (4) of this Article, power to make appointments to the offices for the time being prescribed under paragraph (1) of this Article as offices that are to constitute the personal staff of the Governor-General, and to remove and to exercise disciplinary control over persons holding or acting in any such office, is hereby vested in the Governor-General acting in accordance with his own deliberate judgment.

(3) The Governor-General, acting in accordance with his own deliberate judgment, may appoint to any of the offices prescribed under paragraph (1) of this Article such public officers as he may select from a list submitted by the Public Service Commission, but-

(a) the provisions of paragraph (3) of this Article shall apply in relation to an officer so appointed as respects his service on the personal staff of the Governor-General but not as respects his service as a public officer;

(b) an officer so appointed shall not during, continuance on the personal staff of the Governor-General, perform the functions of any public office; and

(c) an officer so appointed may at any time be appointed by the Governor-General, if the Public Service Commission so recommend, to assume or resume the function of a public office and he shall thereupon vacate his office on the personal staff of the Governor-General, but the Governor-General may , in his own deliberate judgment, decline to release the officer for that appointment.

(4) All offices prescribed under paragraph (1) of this Article as offices that are to constitute the personal staff of the Governor-General shall, for the purposes of Chapter VIII, be deemed to be public offices.

Public Seal.

36.- The Governor-General shall keep and use the Public Seal for sealing all things that shall pass the Public Seal.

Oaths to be taken by Governor-General.

37.- A person appointed to the office of Governor-General or assuming the functions of that office under Article 33 of this Constitution shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and an oath for the due execution of the office of Governor-General in such form as is prescribed by any law in force in The Bahamas, such oaths being administered by the Chief Justice of such other Justice of the Supreme Court as may be designated by the Chief Justice.

CHAPTER V PARLIAMENT

Part 1 Composition of Parliament

Establishment of Parliament.

38.- There shall be a Parliament of The Bahamas which shall consist of Her majesty, a Senate and a House of Assembly.

Part 2 The Senate

Composition of Senate.

39.- (1) The Senate shall consist of sixteen members (in this Constitution referred to as "Senators") who shall be appointed by the Governor-General by instrument under the Public Seal in accordance with the provisions of this Article.

(2) Nine Senators shall be appointed by the Governor-General acting in accordance with the advice of the Prime Minister.

(3) Four Senators shall be appointed by the Governor-General acting in accordance with the advice of the Leader of the Opposition.

(4) Three Senators shall be appointed by the Governor-General acting in accordance with the advice of the Prime Minister after consultation with the Leader of the Opposition.

(5) Whenever any person vacates his seat as a Senator for any reason other than a dissolution of Parliament, the Governor-General shall as soon as practicable appoint a person to fill the vacancy under the same provisions of this Article as those under which the person whose seat has became vacant was appointed.

Purpose of appointment of certain Senators.

40.- In the exercise of the functions conferred upon him by Article 39(4) of this Constitution, the purpose of the Prime Minister shall be to secure that the political balance of the Senate reflects that of the House of Assembly at the time.

Qualification for appointment as Senator.

41.- Subject to the provisions of Article 42 of this Constitution, a person shall be qualified to be appointed as a Senator if, and shall not be qualified to be so appointed unless, he is a citizen of The Bahamas, of the age of thirty years or upwards and has ordinarily resided in The Bahamas for a period of nor less tan one year immediately before the date of his appointment.

Disqualifications for appointment as Senator.

42.- (1) No person shall be qualified to be appointed as a Senator who-

(a) is a citizen of a country other than The Bahamas having become such a citizen voluntarily;

(b) is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state;

(c) is disqualified for membership of the Senate by any law in force in The Bahamas enacted in pursuance of paragraph (2) of this Article;

(d) is a member of the House of Assembly;

(e) has been adjudged or otherwise declared bankrupt under any law in force in The Bahamas and has not been discharged;

(f) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in The Bahamas;

(g) is under sentence of death imposed on him by a court in The Bahamas, or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;

(h) is disqualified for membership of the House of Assembly by virtue of any law in force in The Bahamas by reason of his having been convicted of any offence relating to elections; or

(i) is interested in any government contract and has not disclosed to the Governor-General the nature of such contract and of his interest therein.

(2) Parliament may by law provide that, subject to such exceptions and limitations (if any) as may be prescribed therein, a person shall be disqualified for membership of the Senate by virtue of-

(a) his holding or acting in any office or appointment specified (either individually or by reference to a class of office or appointment) by such law;

(b) his belonging to any armed force of The Bahamas or to any class of person so specified that is comprised in any such force; or

(c) his belonging to any police force of The Bahamas or to any class of person so specified that is comprised in any such force.

(3) For the purposes of sub paragraph (1)(g) of this Article-

(a) two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentence exceeds that term they shall be regarded as one sentence; and

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

Tenure of office of Senators.

43.- (1) The seat of a Senator shall became vacant-

(a) upon the next dissolution of Parliament after he has been appointed;

(b) if he resigns by writing under his hand addressed to the President of the Senate, or, if the office of President is vacant of the President is absent from The Bahamas, to the Vice-President;

(c) if, with his consent, he is nominated as a candidate for election to the House of Assembly;

(d) if he is absent from The Bahamas for a period exceeding forty days at any time when the Senate is sitting, without the leave of the President given in accordance with the provisions of paragraph (2) of this Article;

(e) if he ceases to be a citizen of The Bahamas;

(f) subject to the provisions of paragraph (3) of this Article, if any circumstances arise that, if he were not a Senator, would cause him to be disqualified for appointment as such by virtue of sub-paragraph (a), (b), (c), (e), (f), (g) or (h) of Article 42(1) of this Constitution or of any law enacted in pursuance of Article 42(2) of this Constitution;

(g) in the case of a Senator who was appointed as such in accordance with the advice of the Prime Minister or in accordance with the advice of the Leader of the Opposition or on the advice of the Prime Minister after consultation with the Leader of the Opposition, if the Governor-General, acting in accordance with the advice of the Prime Minister or in accordance with the advice of the Leader of the Opposition or on the advice of the Prime Minister after consultation with the Leader of the Opposition, as the case may be, by instrument under the Public Seal, declares the seat of that Senator to be vacant; or

(h) if he becomes interested in any government contract:

Provided that- (i) if in the circumstances it appears to the Senate to be just so to do, the Senate may exempt any Senator from vacating his seat under the provisions of this sub-paragraph, if that Senator, before becoming interested in such contract as aforesaid or as soon as practicable after becoming so interested, discloses to the Senate the nature of such contract and his interest therein;

(ii) if proceedings are taken under a law made under Article 45 of this Constitution to determine whether a Senator has vacated his seat under the provisions of this sub-paragraph he shall be declared by the court not to have vacated his seat if he establishes to the satisfaction of the court that he, acting reasonably, was not aware that he was or had become interested in such contract; and

(iii) no proceedings under the preceding sub-paragraph shall be instituted by any person other than a Senator or Member of the House of Assembly.

(2) The President of the Senate may grant leave to any Senator to be absent from The Bahamas for any period not exceeding six months at any one time. (3) If the circumstances such as are referred to in sub-paragraph (1)(f) of this Article arise because a Senator is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of a corrupt or illegal practice at elections and if it is open to the Senator to appeal against the decision (either with the leave of a court of other authority or without such leave), he shall forthwith cease to perform his functions as a senator but, subject to paragraph (4) of this Article, he shall not vacate his seat until the expiration of a period of thirty days thereafter:

Provided that the President of the Senate may, at the request of the said Senator, from time to time extend that period for further periods of thirty days to enable the Senator to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval signified by resolution, of the Senate.

(4) If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the Senator, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal of for any other reason, it ceases to be open to the Senator to appeal, he shall forthwith vacate his seat.

(5) If at any time before the Senator vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (3) of this Article and he may resume the performance of his functions as a Senator.

President and Vice-President.

44.- (1) When the Senate first meets after this Constitution comes into operation or after any general election and before it proceeds to the dispatch of any other business, the Senate shall, in accordance with such procedure as may be prescribed by the rules of procedure of the Senate, elect a Senator to be President of the Senate; and, if the office of President falls vacant at any time, the Senate shall, as soon as practicable, proceed in like manner to fill the vacant office.

(2) When the Senate first meets after this Constitution comes into operation or after any general election and before it proceeds to the dispatch of any other business except the election of the President it shall elect a Senator to be Vice-President of the Senate; and if the office of Vice-President falls vacant at any time, the Senate shall, as soon as practicable, elect a Senator to that office.

(3) The Senate shall not elect a Senator who is a Minister or Parliamentary Secretary to be the President or Vice-President of the Senate.

(4) A person shall vacate the office of President or Vice-President of the Senate-

(a) if he ceases to be a Senator;

(b) if he is appointed to be a Minister or Parliamentary Secretary;

(c) if he announces the resignation of his office to the Senate or if, by writing under his hand addressed, in the case of the President, to the President (or, if the office of President is vacant of the President is absent from The Bahamas, to the Clerk), he resigns that office; or

(d) in the case of the Vice-President, if he is elected to be President.

(5) If, by virtue of Article 43(3) of this Constitution, the President or Vice-President is required to cease to perform his functions as a Senator he shall also cease to perform his functions as President or Vice-President, as the case may be, and those functions shall, until he vacates his seat in the Senate or resumes the performance of the functions of his office, be performed-

(a) in the case of the President, by the Vice-President or, if the office of Vice-President is vacant or the Vice-President is required to cease to perform his functions as a Senator by virtue of Article 43(3) of this Constitution, by such Senator (not being a Minister or Parliamentary Secretary) as the Senate may elected for the purpose;

(b) in the case of the Vice-President, by such Senator (not being a Minister or Parliamentary Secretary) as the Senate may elect for the purpose.

(6) If the President or Vice-President resumes the performance of his functions as a Senator in accordance with the provisions of Article 43(5) of this Constitution, he shall also resume the performance of his functions as President or Vice-President, as the case may be.

Determination of questions as to membership.

45.- (1) The Supreme Court shall have jurisdiction to hear and determine any question whether-

(a) any person has been validly appointed as a Senator; or

(b) any Senator has vacated his seat or is required under Article 43(3) of this Constitution to cease to perform his functions as a Senator.

(2) Subject to the following provisions of this Article and to the provisions of Article 43(1) of this Constitution, Parliament may by law make provision with respect to-

(a) the institution of proceedings for the determination of any question referred to in paragraph (1) of this Article; and

(b) the powers, practice and procedure of the Supreme Court in relation to any such proceedings. (3) Proceedings for the determination of any question referred to in paragraph (1) of this Article shall not be instituted except with the leave of a Justice of the Supreme Court.

(4) No appeal shall lie from the decision of a Justice of the Supreme Court granting or refusing leave to institute proceedings in accordance with paragraph (3) of this Article.

Part 3 House of Assembly

Composition of House of Assembly.

46.- (1) The House of Assembly shall consist of thirty-eight members or such greater number of members as may be specified by an Order made by the Governor-General in accordance with the provisions of Article 70 of this Constitution.

(2) The members of the House shall be known as "Members of Parliament" and shall be persons who, being qualified for election as Members of Parliament in accordance with the provisions of this Constitution, have been so elected in the manner provided by any law in force in The Bahamas.

Qualifications for membership of House of Assembly.

47.- Subject to the provisions of Article 48 of this Constitution a person shall be qualified to be elected as a member of the House of Assembly if, and shall not be qualified to be so elected unless, he-

(a) is a citizen of The Bahamas of the age of twenty-one years or upwards; and

(b) has ordinarily resided in The Bahamas for a period of not less than one year immediately before the date of his nomination for election.

Disqualifications for election as members of House of Assembly.

48.- (1) No person shall be qualified to be elected as a member of the House of Assembly who-

(c) is disqualified for membership of the House of Assembly by any law enacted in pursuance of paragraph (2) of this Article;

(d) has been adjudged or otherwise declared bankrupt under any law in force in The Bahamas and has not been discharged;

(e) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in The Bahamas;

(f) is under sentence of death imposed on him by a court in The Bahamas, or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;

(g) is disqualified for membership of the House of Assembly by any law in force in The Bahamas by reason of his holding, or acting in, any office the function of which involve-

(i) any responsibility for, or in connection with, the conduct of any election; or

(ii) any responsibility for the compilation or revision of any electoral register;

(h) is disqualified for membership of the House of Assembly by virtue of any law in force in The Bahamas by reason of his having been convicted of any offence relating to elections;

(i) is a Senator; or

(j) is interested in any government contract and has not disclosed the nature of such contract and of his interest therein by publishing a notice in the Gazette within one month before the day of election.

(2) Parliament may by law provide that, subject to such exceptions and limitations (if any) as may be prescribed therein, a person shall be disqualified for member ship of the House of Assembly by virtue of-

(b) his belonging to any armed force of The Bahamas or to any class or person so specified that is comprised in any such force; or

(c) his belonging to any police force or to any class of person that is comprised in any such force. (3) For the purposes of sub-paragraph (1)(f) of this Article-

(a) two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentence exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and

Tenure of office of members of House of Assembly.

49.- (1) Every member of the House of Assembly shall vacate his seat in the House- (a) upon a dissolution of Parliament;

(b) if he resigns it by writing under his hand addressed to the Speaker or, if the office of Speaker is vacant or the Speaker is absent from The Bahamas, to the Deputy Speaker;

(c) if he is absent from the sitting of the House for such period and in such circumstances as may be prescribed in the rules of procedure of the House;

(d) if he ceases to be a citizen of The Bahamas;

(e) subject to the provisions of paragraph (2) of this Article, if any circumstances arise that, if he were not a member of the House, would cause him to be disqualified for election as such by virtue of sub-paragraph (a), (b), (c), (d), (e), (f), (g), or (h) of Article 48(1) of this Constitution; or

(f) if he becomes interested in any government contract:

Provided that-

(i) if in the circumstances it appears to the House or Assembly may exempt any member of the House from vacating his seat under the provisions of this sub-paragraph, if that member, before becoming interested in such contract as aforesaid or as soon as practicable after becoming so interested, discloses to the House the nature of such contract and his interest therein;

(ii) if proceedings are taken under a law made under Article 51 of his Constitution to determine whether a member of the House has vacated his seat under the provisions of this sub-paragraph he shall be declared by the court not to have vacated his seat if he establishes to the satisfaction of the court that he, acting reasonably, was not aware that he was or had become interested in such contract; and

(iii) no proceedings under the preceding sub-paragraph shall be instituted by any person other than a Senator or member of the House of Assembly.

(2) If circumstances such as are referred to in sub-paragraph (1)(e) of this Article arise because any member of the House is under sentence of death or imprisonment, declared bankrupt, adjudged to be of unsound mind or convicted of a offence relating to election and it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his function as a member of the House but, subject to paragraph (3) of this Article, he shall not vacate his seat until the expiration of a period of thirty days thereafter:

Provided that the Speaker may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred any fifty days shall not be given without the approval, signified by resolution, of the House of Assembly.

(3) If, on the determination any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or of any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.

(4) If at any time before the ember vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph 82) of this Article and he may resume the performance of his function as a member of the House.

Speaker and Deputy Speaker.

50.- (1) When the House of Assembly first meets after any general election and before it proceeds to the dispatch of any other business, the House shall, in accordance with such procedure as may be prescribed by the rules of procedure of the House, elect from among the members who are not Ministers or Parliamentary Secretaries one member to be the Speaker of the Assembly and another member to be Deputy Speaker; and, if the office of Speaker or Deputy Speaker falls vacant at any time before the next dissolution of the House of Assembly, the House shall, as soon as practicable, proceed in like manner to fill the vacant office.

(2) A person shall vacate the office of Speaker or Deputy Speaker-

(a) if he ceases to be a member of the House of Assembly:

Provided that the Speaker shall to vacate his office by reason only that he has ceased to be a member on a dissolution of Parliament, until the House of Assembly first meets after that dissolution;

(c) if he announces the resignation f his office to the House of Assembly or if, by writing under his hand addressed, in the case of the Speaker, to the Clerk of the House and, in the case of the Deputy Speaker, to the Speaker (or if the office of Speaker is vacant or the Speaker is absent from The Bahamas, to the Clerk),he resigns that office; or

(d) in the case of the Deputy Speaker, if he is elected to be Speaker.

(3) If by reason of Article 49(2) of this Constitution the Speaker or Deputy Speaker is required to cease to perform his functions as a member of the House of Assembly, he shall also cease to perform his function as Speaker or Deputy Speaker and those functions shall, until he vacates his seat in the House or resumes the performance of the functions to his office, be performed-

(a) in the case of the Speaker, by the Deputy Speaker or, if the office of Deputy Speaker is vacant or the Deputy Speaker is required to cease to perform his functions as a member of the House of Assembly by virtue of Article 49(2) of this Constitution, by such member (not being a Minister or Parliamentary Secretary) as the House may elect for the purpose;

(b) in the case of the Deputy Speaker, by such member (not being a Minister or Parliamentary Secretary) as the House may elect for the purpose.

(4) If the Speaker or Deputy Speaker resumes the performance of his functions as a member of the House in accordance with the provisions of Article 49(4) of this Constitution, he shall also resume the performance of his functions as Speaker or Deputy Speaker, as the case may be.

51.- (1) An Election Court, consisting of two Justices to the Supreme Court appointed by the Chief Justice or, if for any reason two such Justices are not available, one such Justice and the Chief Magistrate or a Stipendiary and Circuit Magistrate appointed by the Chief Justice, shall have jurisdiction to hear and determine any question whether-

(a) any person has been validly elected as a member of the House of Assembly; or

(b) any member of the House of Assembly has vacated his seat or is required, under the provisions of Article 49(2) of this Constitution, to cease to perform his functions as a member.

(2) Subject to the following provisions of this Article and to the provisions of Article 49(1) of this Constitution, Parliament may make or provide for the making or provision, with respect to-

(b) the powers, practice and procedure of an Election Court in relation to any such proceedings.

(3) The determination by an Election Court of any question referred to in paragraph (1) of this Article shall be final.

(4) Proceedings for the determination of any question referred to in paragraph (1) of this Article shall not be instituted except with the leave of a Justice of the Supreme Court.

(5) An appeal shall lie to the Court or Appeal on a point of law from the decision of a Justice of the Supreme Court granting or refusing leave to institute proceedings in accordance with this Article , but, subject as aforesaid, that decision shall be final.

Part 4 Powers and Procedure of Parliament

52.- (1) Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of The Bahamas.

(2) Subject to the provisions of Articles 60, 61 and 62 of this Constitution, the power of Parliament to make laws shall be exercised by Bills passed by both Houses, either without amendment or with such amendments only as are agreed to by both Houses, and assented to by the Governor General in accordance with Article 63 of this Constitution.

Privileges of Parliament.

53.- (1) Without prejudice to the generality of Article 52(1) of this Constitution and subject to the provisions of paragraph (2) of this Article, Parliament may by law determine the privileges, immunities and powers of the Senate and the House of Assembly and the members thereof.

(2) No process issued by any court in the exercise of its civil jurisdiction shall be served or executed within the precincts of the Senate of the House of Assembly while it is sitting, or through the President or the Speaker, the Clerk or any other officer of either House.

Alteration of this Constitution.

54.- (1) Subject to the provisions of this Article, Parliament may, bay an Act of Parliament passed by both Houses, alter any of the provisions of this Constitution or (in so far as it forms part of the law of the Bahamas) any of the provisions of The Bahamas Independence Act, 1973.

(2) In so far as it alters-

(a) Articles 32, 33, 34, 35, 41, 42, 43, 47, 48, 49, 79, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 128, 129, 130, 131, 132, 133, 134, 135, or 136 of this Constitution; or

(b) Articles 127 or 137 of this Constitution in their application to any of the provisions specified in sub-paragraph (a) of this paragraph Bill for an Act of Parliament under this Article shall not be passed by Parliament unless:-

(i) at the final voting thereon in each House it is supported by the votes of not less than two-thirds of all the members of each House, and

(ii) the Bill, after its passage through both Hose, has been submitted to the electors qualified to vote for the election of members of the House of Assembly and, on a vote in such manner as Parliament may prescribe the majority of the electors voting have approved the Bill.

(3) In so far as it alters-

(a) this Article; (b) Articles 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 38, 39, 40, 45, 46, 51, 52, 60, 61, 62, 65, 66, 67, 68, 69, 70, 71, 72, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, or 105 of this Constitution; or

(c) Articles 106, 127 or 137 of this Constitution in their application to any of the provisions specified in sub-paragraphs (a) or (b) of this paragraph; or

(d) any of the provision of the Bahamas Independence Act 1973, a Bill for an Act of Parliament under this Article shall not be passed by Parliament unless: -

(i) at the final voting thereon in each House it is supported by the votes of nor less than three-quarters of all the members of each House, and

(ii) the Bill, after its passage through both Houses has been submitted to the electors qualified to vote for the elections of members of the House of Assembly and, on a vote taken in such manner as Parliament may prescribe the majority of the electors voting have approved the Bill.

(4) In this Article-

(a) references to any of the provisions of this Constitution or the Bahamas Independence Act 1973 include references to any law that amends or replaces that provision; and

(b) references to the alteration of any of the provisions of this Constitution or The Bahamas Independence Act 1973 include references to he amendment, modification or re-enactment with of without amendment or modification, of that provision, the suspension or repeal of that provision and the making of a different provision in lieu of that provision,

(5) No Act of Parliament shall be construed as altering this Constitution unless it is stated in the Act that it is an Act for that purpose.

Regulation of procedure in Parliament.

55.- (1) Subject to the provisions of this Constitution, each House may regulate its own procedure and for this purpose may make rules of procedure.

(2) Each House may act notwithstanding any vacancy in its membership, and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the House shall to invalidate those proceedings.

Presiding in the Senate and House of Assembly.

56.- (1) The President of the Senate or, in his absence, the Vice-President or, if they are both absent, a Senator (not being a Minister or Parliamentary Secretary) elected by the Senate for that sitting shall preside at each sitting of the Senate.

(2) The Speaker or, in his absence, the Deputy Speaker or, if they are both absent, a member (not being a Minister or Parliamentary Secretary) elected by the House for that sitting shall preside at each sitting of the House of Assembly.

(3) References in this Article to circumstances in which the President, Vice-President, Speaker or Deputy Speaker is absent include references to circumstances in which the office of President, Vice-President, Speaker or Deputy Speaker is vacant.

57.- (1) If at any time during a sitting of either House objection is taken by a member that there is not a quorum present and, after such interval as may be prescribed by the rules of procedure of that House the person presiding ascertain that there is still not a quorum present, he shall thereupon adjourn the Hose.

(2) For the purpose of this Article-

(a) a quorum of the Senate shall consist of six Senator including the person presiding; and

(b) a quorum of the House of Assembly shall consist of ten members including the person presiding, or of such greater number of members as may be specified by an Order made by the Governor-General in accordance with the provisions of Article 70 of this Constitution.

58.- (1) >Save as is otherwise provided in this Constitution, all questions proposed for decision in either House shall be determined by a majority of the votes of the members thereof present and voting.

(2) The person presiding in either House shall not vote-

(a) unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote; or

(b) except in the case of the final vote on a Bill for an Act of Parliament under Article 54 of this Constitution in which case he shall have an original vote.

Introduction of Bills, etc.

59.- (1) Subject to the provisions of this Constitution and of the rules of procedure of the Senate or the House of Assembly, as the case may be, any member of either House may introduce any Bill or propose any motion for debate in, or may present any petition to, that House, and the same shall be debated and dispose of according to the rules of procedure of that House.

(2) A bill other than a Money Bill may be introduced in either House, but a Money Bill shall not be introduced in the Senate.

(3) Except on the recommendation of the Cabinet signified by a Minister, the House of Assembly shall not-

(a) proceed upon any Bill (including any amendment to a Bill) which, in the opinion of the person presiding, makes provision for imposing or increasing any tax, for imposing any charge on the Consolidated Fund or any other public fund or altering any such charge otherwise than by reducing it or for compounding or remitting any debt due to The Bahamas; or

(b) proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, is that provision shall be make for any of the purposes aforesaid.

(4) The Senate shall not-

(a) proceed upon any Bill, other than a Bill sent from the House of Assembly, or any amendment to a Bill which, in the opinion of the Person presiding, makes provisions for imposing or increasing any tax, for imposing any charge on the Consolidated Fund or any other public fund or altering any such charge otherwise than by reducing it or for compounding or remitting any debt due to The Bahamas; or

(b) proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, is that provision shall be made for any of the purposes aforesaid.

Restriction on powers of Senate as to Money Bills.

60.- (1) Subject to the provisions of this Constitution, if a Money Bill, having been passed by the House of Assembly and sent to the Senate at least one month before the end of the session, is not passed by the Senate without amendment within one month after it is sent to that House, the Bill shall, unless the House of Assembly otherwise resolves, be present to the Governor-General for his assent notwithstanding that the Senate has not consented to the Bill.

(2) There shall be endorsed on every Money Bill when it is sent to the Senate the certificate of the Speaker signed by him that it is a Money Bill; and there shall be endorsed on any Money Bill that is presented to the Governor-General for assent in pursuance of paragraph (1) of this Article the certificate of the Speaker signed by him that it is a Money Bill and that the provisions of that paragraph have been complied with.

Restriction on powers of Senate as to Bills other than Money Bills.

61.- (1) If any Bill other than a Money Bill is passed by the House of Assembly in two successive sessions (whether or not Parliament is dissolved between those sessions) and, having been sent to the Senate in each of those sessions at least one month before the end of the session, is rejected by the Senate in each of those sessions, that Bill shall, on its rejection for the second time by the Senate, unless the House of Assembly otherwise resolves, be presented to the Governor-General for assent notwithstanding that the Senate has not consented to the Bill:

Provided that the foregoing provisions of this paragraph shall not have effect unless at least nine months have elapsed between the date on which the Bill is passed by the House of Assembly in the first session and the date on which it is passed by the House of Assembly in the second session.

(2) For the purposes of this Article a Bill that is sent to the Senate from the House of Assembly in any session shall be deemed to be the same Bill as a former Bill sent tot the Senate in the preceding session if, when it is sent tot the Senate, it is identical with the former Bill or contains only such alterations as are certified by the Speaker to be necessary owing to the time that has elapse since the date of the former Bill or to represent any amendments which have been made by the Senate in the former Bill in the preceding session.

(3) The House of Assembly may, if it thinks fit, on the passage through the House of a Bill that is deemed to be the same Bill as a former Bill sent to the Senate in the preceding session, suggest any amendments without inserting the amendments in the Bill, and any such amendments shall be considered by the Senate, and, if agreed to by the Senate, shall be treated as amendments made by the Senate and agreed to by the House of Assembly; but the exercise of this power by the House of Assembly shall not affect the operation of this Article in the event of the rejection of the Bill in the Senate.

(4) There shall be inserted in any Bill that is presented to the Governor-General for assent in pursuance of this Article any amendments that are certified by the Speaker to have been made in the Bill by the Senate in the second session and agreed to by the Assembly.

(5) There shall be endorsed on any Bill that is presented to the Governor-General for assent in pursuance of this Article the certificate of the Speaker signed by him that the provisions of this Article have been complied with.

(6) The prisons of this Article shall not apply to a Bill which is required by Article 54 of this Constitution to be passed by both Hoses.

Provisions relating to Articles 59, 60 and 61.

62.- (1) In Articles 59,60 and 61 of this Constitution "Money Bill" means a public Bill which, in the opinion of the Speaker, contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition, for the payment of debt or other financial purposes, of charges on the Consolidated Fund or any other public funds or on monies provided by Parliament or the variation or repeal of any such charges; the grant of money to the Crow or to any authority or person, or the variation or revocation of any such grant, the appropriation, receipt, custody, investment, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof, of the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan; or subordinate matters incidental to any of the matters aforesaid; and in this paragraph the expressions "taxation", "debt", "public fund", "public money", and "loan" do not include any taxation imposed, debt incurred, fund or money provided or loan raised by any local authority or body for local purposes.

(2) For the purposes of Article 61 of this Constitution, a Bill shall be deemed to be rejected by the Senate if-

(a) it is not passed by the Senate without amendment; or

(b) it is passed by the Senate with any amendment which is not agreed to by the House of Assembly.

(3) Whenever the office of Speaker is vacant or the Speaker is for any reason unable to perform any functions conferred upon him by paragraph (1) of this Article or by Articles 60 or 61 of this Constitution, that function may be performed by the Deputy Speaker.

(4) Any certificate of the Speaker or Deputy Speaker given under Article 60 or 61 of this Constitution shall be conclusive for all purposes and shall not be questioned in any court.

Assent to Bills.

63.- (1) A Bill shall not become law until the Governor-General has assented thereto in Her Majesty's behalf and has signed it in token of such assent.

(2) Subject to the provisions of Articles 60 and 61 of this Constitution, a Bill shall be presented to the Governor-General for assent if, and shall not be so presented unless, it has been passed by both Houses either without amendment or without amendment or with such amendments only as are agreed to by both Houses.

(3) Any Bill to which Article 54(2) or (3) of this Constitution applies shall be presented to the Governor-General endorsed with certificates of the requisite majorities in accordance with whichever of those paragraphs applies to the Bill, and with a certificate of the Parliamentary Registrar that it has been approved by the majority of the electors voting on the Bill.

(4) When a Bill is presented to the Governor-General for assent he shall signify that he assents of that he withholds assent.

Oaths of allegiance.

64.- No member of either House shall take part in the proceedings thereof unless he has taken the oath of allegiance in such manner as is prescribed by any law in force in The Bahamas:

Provided that the election of a President of the Senate or the election of a Speaker of the House of Assembly may take place before the members of the Senate or the House of Assembly, as the case may be, have taken such oath.

Part 5 Summoning, Prorogation and Dissolution

Sessions of Parliament.

65.- (1) Each session of Parliament shall be held at such place and commence at such time as the Governor-General may by proclamation appoint.

(2) The time appointed for the commencement of any session of Parliament shall be such that a period of twelve months does not intervene between the end of one session and the first sitting of Parliament in the next session.

Prorogation and dissolution of Parliament.

66.- (1) The Governor-General, acting in accordance with the advice of the Prime Minister, may at any time by proclamation prorogue Parliament.

(2) The Governor-General, acting in accordance with the advice of the Prime Minister, may at any time by proclamation dissolve Parliament:

Provided that if the office of Prime Minister is vacant and the Governor-General considers that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the confidence of a majority of the members of the House of Assembly, he shall dissolve Parliament.

(3) Subject to the provisions of paragraph (4) of this Article, Parliament, unless sooner dissolved, shall continue for five years from the date of its first sitting after any dissolution and shall then stand dissolved.

(4) At any time when The Bahamas is at war, Parliament may extend the period of five years specified in paragraph (3) of this Article for not more than twelve months at a time:

Provided that the life of Parliament shall not be extended under this paragraph for more than two years.

(5) If, between a dissolution of Parliament and the next ensuing general election of members to the House of Assembly, an emergency arises of such a nature that, in the opinion of the Prime Minister, it is necessary for the two Houses or either of them to be summoned before that general election can be held, the Governor-General, acting in accordance with the advice of the Prime Minister, may summon the thereupon be deemed (except for the purposes of Article 67 of this Constitution) not to have been dissolved but shall be deemed (except as aforesaid) to be dissolved on the date on which the polls are held in the next ensuing general election.

General elections bye-elections and appointment of Senators.

67.- (1) After every dissolution of Parliament the Governor-General shall issue writs for a general election of members of the House of Assembly returnable within ninety days from that dissolution.

(2) As soon as may be after every general election the Governor-General shall proceed under Article 39 of this Constitution to the appointment of Senators.

(3) Whenever any person vacates his seat as a member of the House of Assembly for any reason other than a dissolution of Parliament, the Governor-General shall issue a writ for the election of a member to fill the vacancy and such election shall be held within sixty days after the occurrence of the vacancy or, where the question whether a vacancy has occurred is determined under Article 51 of this Constitution, after that determination, unless Parliament is sooner dissolved to the date by which Parliament will be dissolved under the provisions of Article 66 of this Constitution is less than four months after the occurrence of the vacancy or, as the case may be, that determination.

Part 6 Delimitation of Constituencies

Constituencies.

68.- The Bahamas shall be divided into thirty-eight constituencies or such greater number as may be provided for by an Order made by the Governor-General in accordance with the provisions of Article 70 of this Constitution and each such constituency shall return one member to the House or Assembly.

Constituencies Commission.

69.- (1) There shall be a Constituencies Commission for The Bahamas (in this and the next following Article referred to as "the Commission")

(2) The Members of the Commission shall be-

(a) the Speaker who shall be Chairman;

(b) a Justice of the Supreme Court who shall be Deputy Chairman and shall be appointed by the Governor-General acting on the recommendation of the Chief Justice;

(c) two members of the House of Assembly who shall be appointed by the Governor-General acting in accordance with the advice of the Prime Minister; and

(d) one member of the House of Assembly who shall be appointed by the Governor-General acting in accordance with the advice of the Leader of the Opposition.

(3) The office of a member of the Commission shall become vacant-

(a) if he ceases to be the Speaker, a Justice of the Supreme Court or a member of the House of Assembly, as the case may be; or

(b) in the case of a member appointed under sub-paragraph (2)(b), (c) or (d) of this Article, if his appointment is revoked by the Governor-General.

(4) If the office of a member of the Commission, appointed under sub-paragraph (2)(b), (c) or (d) of this Article is vacant or any such member is for any reason unable to perform the functions of his office, the Governor-General may appoint a person qualified for appointment under the said sub-paragraph (b), (c) or (d), as the case may be, to act in the office of that member and any person so appointed may continue so to act until his appointment is revoked.

(5) In revoking the appointment of a member of the Commission under sub-paragraph (3)(b) of this Article, and in making or revoking an appointment to act in the office of a member of the Commission under paragraph (4) of this Article, the Governor-General shall act in the same manner as he would act if he were making an appointment to the office of that member under paragraph (2) of this Article.

(6) Any decision of the Commission shall require the concurrence of not less than three members of the Commission.

(7) Subject to the provisions of paragraph (6) of this Article, the Commission may act notwithstanding a vacancy in its membership, and no proceedings of the Commission shall be invalidated by reason only that some person not entitled to do so has taken part in them.

Procedure for review of constituencies.

70.- (1) The Commission shall in accordance with the provisions of this Article, at intervals of not more than five years, review the number and boundaries of the constituencies into which The Bahamas is divided and shall submit to the Governor-General a single report either-

(a) stating that in the opinion of the Commission, no change is required; or

(b) recommending certain changes,

and the Governor-General shall cause such report to be laid before the House of Assembly forthwith.

(2) In carrying out a review for the purposes of this Article, the Commission shall be guided by the general consideration that the number of voters entitled to vote for the purposes of electing every member of the House of Assembly shall, so far as is reasonably practicable, be the same and the need to take account of special consideration such as the needs of sparsely populated areas, the practicably of elected members maintaining contact with electors in such areas, size, physical features, natural boundaries and geographical isolation.

(3) When the Commission intends to proceed under paragraph (1) of this Article, it shall, by notice in writing, inform the Prime Minister, who shall cause a copy of the notice to be published in the Gazette.

(4) As soon as may be after the Commission has submitted a report recommending changes in the boundaries of any constituencies, the Prime Minister shall lay before the House of Assembly for its approval a draft of an Order by the Governor-General for giving effect, whether with or without modifications, to the recommendations contained in the report, and that draft may make provision for any matters (including variation of the quorum specified in Article 57 of this Constitution) which appear to the Prime Minister to be incidental to or consequential upon the other provisions of the draft.

(5) Where any draft Order laid under this Article would give effect to any such recommendations with modifications, the Prime Minister shall lay before the House of Assembly together with the draft a statement of the reasons for the modifications.

(6) If the motion for the approval of any draft Order laid under this Article is rejected by the House of Assembly, or is withdrawn by leave of the House, an amended draft shall be laid without undue delay by the Prime Minister before the House of Assembly.

(7) If any draft Order laid under this Article is approved by resolution of the House of Assembly, the Prime Minister shall submit it tot he Governor-General who shall make an order (which shall be published in the Gazette) in terms of the draft; and that Order shall come into force on such day as may be specified therein and, until revoked by a further Order made by the Governor-General in accordance with the provisions of this Article, shall have the force of law in The Bahamas:

Provided that the coming into force of any such Order shall not affect any election to the House of Assembly until a proclamation is made by the Governor-General appointing the date for the holding of a general election of members of the House of Assembly or affect the constitution of the House of Assembly then in being.

(8) Save as provided in the next following paragraph the question of the validity of nay Order by the Governor-General purporting to be made under his Article and reciting that a draft thereof has been approved by resolution of the House of Assembly shall not be inquired into in any court of law.

(9) Parliament may by law provide for an appeal to the Supreme Court against a statement or recommendation submitted by the Commission in pursuance of sub-paragraph (1)(a) or (b) of this Article.

CHAPTER VI THE EXECUTIVE

Executive Authority.

The executive authority of The Bahamas is vested in Her Majesty.

Subject to the provisions of this Constitution, the executive authority of The Bahamas may be exercised on behalf of Her Majesty by the Governor-General, either directly or through officers subordinate to him.

Nothing in this Article shall prevent Parliament from conferring functions on persons or authorities other than the Governor-General.

The Cabinet.

There shall be a Cabinet for The Bahamas which shall have the general direction and control of the government of The Bahamas and shall be collectively responsible thereof to Parliament.

The Cabinet shall consist of the Prime Minister and not less than eight other Ministers (of whom one shall be the Attorney-General), as may be appointed in accordance with the provisions of Article 73 of this Constitution.

Appointment of Ministers.

Whenever there shall be occasion for the appointment of a Prime Minister, the Governor-General shall appoint as Prime Minister-

the member of the House of Assembly who is the leader of the party which commands the support of the majority of the members of that House, or

if it appears to him that party does not have an undisputed leader in that House or that no party commands the support of such a majority, the member of the House of Assembly who, in his judgment, is most likely to command the support of the majority of members of that House,

- and who is willing to accept the office of Prime Minister.

Subject to the provisions of paragraph (3) of this Article, the Ministers other than the Prime Minister shall be such persons as the Governor-General, acting in accordance with the advice of the Prime Minister, shall appoint from among the Senators and the members of the House of Assembly.

If the Attorney-General is appointed from among the members of the House of Assembly, not more than three Ministers shall be appointed from among the Senators, and if the Attorney-General is appointed from among the Senators, not more than two other Ministers shall be appointed from among the Senators.

If occasion arises for making an appointment to the office of Prime Minister while Parliament is dissolved, a person who was a member of the House of Assembly immediately before the dissolution may, notwithstanding any other provision of this Article, be appointed as Prime Minister.

If occasion arises for making an appointment to the office of any other Minister while Parliament is dissolved, a person who, immediately before the dissolution, was a Senator or a member of the House of Assembly may, subject to the provisions of paragraph (3) of this Article, be appointed as a Minister.

Tenure of office of Ministers.

If the House of Assembly passes a resolution, supported by the votes of a majority of all the members of the House, declaring that it has no confidence in the Prime Minister and the Prime Minister does not within seven days of the passing of such a resolution either resign or advise the Governor-General to dissolve Parliament, the Governor-General shall revoke the appointment of the Prime Minister.

The Prime Minister shall also vacate his office-

if at any time between the holding of a general election and the first sitting of the House of Assembly thereafter he is informed by the Governor-General that the Governor-General in pursuance of Article 73(1) of this Constitution is about to re-appoint him as Prime Minister or to appoint another person as Prime Minister; or

if for any reason other than a dissolution of Parliament he ceases to be a member of the House of Assembly.

A Minister other than the Prime Minister shall vacate his office-

when any person is appointed or re-appointed as Prime Minister;

if for any reason other than a dissolution of Parliament he cases to be a member of the House from among the members of which he was appointed; or

if his appointment is revoked by the Governor-General acting in accordance with the advice of the Prime Minister.

If at any time the Prime Minister is required under the provisions of paragraphs (2), (3) and (4) of Articles 49 of this Constitution to cease to perform his function as a member of the House of Assembly, he shall cease during such time to perform any of his functions as Prime Minister.

If at any time a Minister other than the Prime Minister is required under the provisions of paragraphs (3), (4) and (5) of Article 43 or paragraphs (2), (3) and (4) of Article 49 of this Constitution to cease to perform his functions as a member of the House to which he belongs, he shall cease during such time to perform any of his functions as a Minister.

Performance of functions of Prime Minister during absence, illness or suspension.

Whenever the Prime Minister is absent from The Bahamas or is unable by reason of illness or of the provisions of paragraph (4) or Article 74 of this Constitution to perform the functions conferred upon him by this Constitution, the Governor-General may authorize some other member of the Cabinet to perform those functions (other than the function conferred by this Article) and that member may perform those functions until his authority is revoked by the Governor-General.

The powers of the Governor-General under this Article shall be exercised by him in accordance with the advice of the Prime Minister:

Provided that if the Governor-General considers that it is impracticable to obtain the advice of the Prime Minister owing to his absence or illness, or if the Prime Minister is unable to tender advice by reason of the provisions of paragraph (4) of Article 74 of this Constitution, the Governor-General may exercise those powers without the advice of the Prime Minister.

Temporary Ministers.

Whenever a Minister other than the Prime Minister is unable, by reason of his illness or absence from The Bahamas or absence from his duties on leave, to perform the functions of his office, the Governor-General may, in writing, authorize another Minister to perform those functions or appoint a person to be a temporary Minister:

Provided that if occasion arises for the making of an appointment between a dissolution of Parliament and the next following general election, the preceding provisions of this Article shall have effect for the purpose as if Parliament had not been dissolved.

Subject to the provisions of Article 74 of this Constitution, a temporary Minister shall hold office until he is notified by the Governor-General in writing that the Minister on account of whose inability to perform the function of his office he was appointed is again able to perform those functions of that Minister vacates his office.

The Power conferred on the Governor-General by this Article shall be exercised by him in accordance with the advice of the Prime Minister.

Allocation of Portfolios to Ministers.

77.- The Governor-General, acting in accordance with the advice of the Prime Minister, may, by directions in writing, charge the Prime Minister or any other Minister wit responsibility for any business of the Government of The Bahamas, including the administration of any department of Government:

Provided that a Minister appointed from among members of the House of Assembly shall be charged with responsibility for finance.

Functions of Attorney-General

The Attorney-General shall have power in any case in which he considers it desirable so to do-

to institute and undertake criminal proceedings against any person before any court in respect of any offence against the law of The Bahamas;

to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and

to discontinue, at any stage before judgment is delivered, any such criminal proceedings instituted or undertaken by himself or any other person or authority.

The powers conferred upon the Attorney-General under paragraph (1) of this Article may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions.

The powers conferred upon the Attorney-General by sub-paragraphs (1) (b) and (c) of this Article shall be vested in him to the exclusion of any other person or authority:

Provided that, where any other person or authority has instituted criminal proceedings, nothing in this Article shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the court.

In the exercise of powers conferred upon him by this Article the Attorney-General shall not be subject to the direction or control of any other person or authority.

For the purposes of this Article, any appeal from any determination in any criminal proceedings before any court or any case stated or question of law reserved for the purpose of any such proceedings to any other court shall be deemed to be part of those proceedings.

Exercise of Governor-General's powers.

The Governor-General shall, in the exercise of his functions, act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet, except in cases where by this Constitution or any other law he is required to act in accordance with the recommendation or advice of, of with the concurrence of, or after consultation with, any person or authority other than the Cabinet:

Provided that the Governor-General shall act in accordance with his own deliberate judgment in the performance of the following functions-

in the exercise of the power to appoint the Prime Minister conferred upon him by paragraphs (1) or (4) of Article 73 of this Constitution;

in the exercise of the powers conferred upon him by Article 75 of this Constitution (which relates to the performance of the functions of the Prime Minister during absence, illness or suspension) in the circumstances described in the proviso to paragraph (2) of that Article;

in the exercise of the power to appoint the Leader of the Opposition and to revoke any such appointment conferred upon him by Article 82 of this Constitution;

in the exercise of the power conferred on him by Article 83(a) of this Constitution during any vacancy in the office of Leader of the Opposition;

in the exercise of the power to dissolve Parliament conferred upon him by the proviso to Article 66(2) of this Constitution;

in removing a Justice of the Supreme Court from office under Article 96(5) of this Constitution;

in removing a Justice of Appeal from office under Article 102(5) of this Constitution;

in the powers relating to appointment, removal and disciplinary control over members of his personal staff, conferred on him by Article 35 of this Constitution.

Where the Governor-General is directed to exercise any function on the recommendation of any person or authority, he shall exercise that function in accordance with such recommendation:

before he acts in accordance therewith, he may, acting in accordance with his own deliberate judgment, once refer that recommendation back for reconsideration by the person or authority concerned; and

if that person or authority, having reconsidered the original recommendation under sub-paragraph (a) of this proviso, substitutes thereof a different recommendation, the provisions of this paragraph shall apply to that different recommendation as they apply to the original recommendation.

Where the Governor-General is directed to exercise any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice or recommendation of that person or authority.

Where the Governor-General is directed to exercise any function on the recommendation or advice of, or with the concurrence of, or after consultation with, any person or authority, the question whether he has so exercised that function shall not be inquired into in any court.

Where the Governor-General is directed to exercise any function on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, the following steps shall be taken-

the Prime Minister shall first consult the Leader of the Opposition and thereafter tender his recommendation to the Governor-General;

the Governor-General shall then inform the Leader of the Opposition of that recommendation and if the Leader of the Opposition concurs therein the Governor-General shall act in accordance with the recommendation;

if the Leader of the Opposition does not concur in the prime Minister and refer the recommendation back to him;

the Prime Minister shall then advice the Governor-General and the Governor-General shall act in accordance with that advice.

Any reference in this Constitution to the functions of the Governor-General shall be construed as a reference to his powers and duties in the exercise of the executive authority of the Bahamas and to any other powers and duties conferred or imposed on him as Governor-General by or under this Constitution or any other law.

Governor-General to be informed concerning matters of Government.

80.- The Prime Minister shall keep the Governor-General fully informed concerning the general conduct of the government of The Bahamas and shall furnish the Governor-General with such information as he may request with respect to any particular matter relating to the government of The Bahamas.

Parliamentary Secretaries.

The Governor-General, acting in accordance with the advice of the Prime Minister, may appoint Parliamentary Secretaries from among the Senators and the members of the House of Assembly to assist Ministers in the performance of their duties.

Provided that, if occasion arises for making an appointment while Parliament is dissolved, a person who was a Senator or a member of the House of Assembly immediately before the dissolution may be appointed as a Parliamentary Secretary.

The office of a Parliamentary Secretary shall become vacant-

it for any reason of the than a dissolution of Parliament he ceases to be a member of the House from among the members of which he was appointed;

upon the appointment or re-appointment of any person as Prime Minister; or

if the Governor-General, acting in accordance with the advice of the Prime Minister, so directs.

There shall be a Leader of the Opposition who shall be appointed by the Governor-General.

Whenever there shall be occasion for the appointment of a Leader of the Opposition, the Governor-General shall appoint the member of the House of Assembly who, in his judgment, is best able to command the support of the majority of the members of the House in opposition of the Government; or if there is no such persons, the member of the House who, in his judgment, commands the support of that largest single group of members in opposition to the Government who are prepared to support one leader:

Provided that this paragraph shall have effect in relation to any period between a dissolution of Parliament and the day on which the next election of members the House of Assembly is held as if Parliament had not been dissolved.

The Leader of the Opposition shall vacate his office if-

after an election of members of the House of Assembly following any dissolution of Parliament he is informed by the Governor-General that the Governor-General is about to appoint another person as Leader of the Opposition;

for any reason other than a dissolution of Parliament he ceases to be a member of the House of Assembly;

under the provisions of paragraphs (2), (3) and (4) of Article 49 of this Constitution he is required to cease to perform his functions as a member of the House of Assembly; or

his appointment is revoked under the provisions of paragraph (4) of this Article.

If in the judgment of the Governor-General the Leader of the Opposition is no longer the member of the House of Assembly best able to command the support of the majority of members of the House in opposition to the Government or the member of the House who commands the support of the largest single group of members in opposition to the Government who are prepared to support one leader, the Governor-General shall revoke the appointment of the Leader of the Opposition.

Paragraph (4) of this Article shall not have effect while parliament is dissolved.

Certain vacancies in office of Leader of the Opposition.

83.- During any period in which there is a vacancy in the office of Leader of the Opposition by reason of the fact that no person is both qualified in accordance with this Constitution for, and willing to accept appointment to, that office, the Governor-General shall-

act in accordance with his own deliberate judgment in the exercise of any function in respect of which it is provided in this Constitution that the Governor-General shall act on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

Oaths to be taken by Ministers, etc.

84.- A Minister or Parliamentary Secretary shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by Parliament.

Leave of absence for Ministers, etc.

85.- The Governor-General, acting in accordance with the advice of the Prime Minister, may grant leave of absence from his duties to any Minister or Parliamentary Secretary.

Summoning of and presiding in Cabinet.

The Cabinet shall not be summoned except by that authority of the Prime Minister.

The Prime Minister shall, so far as is practicable, attend and preside at all meetings of the Cabinet and in his absence such other Minister shall reside as the Prime Minister shall appoint.

No business shall be transacted at any meeting of the Cabinet if there are present at the meeting less than a majority of the members for the time being of the Cabinet.

Subject to paragraph (1) of this Article, the Cabinet shall not be disqualified for the transaction of business by reason of any vacancy in the membership of the Cabinet (including any vacancy nor filled when the Cabinet is first constituted or is reconstituted at any time) and the validity of the transaction of business in the Cabinet shall to be affect by reason only of the fact that some person who was not entitled so to do took part in those proceedings.

Permanent Secretaries.

88.- Where any Minister has been charged with responsibility for any department of Government, he shall exercise general direction and control over that department; and, subject to such direction and control, the department shall be under the supervision of a public officer (in this Constitution referred to as a Permanent Secretary) appointed for the purpose:

Provided that two or more Government departments may be placed under the supervision of one Permanent Secretary.

Constitution of offices, etc.

89.- Subject to the provision of this Constitution and of any Act of Parliament, the Governor-General may constitute offices for The Bahamas, make appointments to any such office and terminate any such appointment.

Powers of pardon, etc.

The Governor-General may in Her Majesty's name and on Her Majesty's behalf-

grant to any person convicted of any offence against the law of The Bahamas a pardon, either free or subjected to lawful conditions;

grant to any persons a respite, either indefinite or for a specified period, from the execution of any punishment imposed on that person for such an offence;

substitute a less severe form of punishment for that imposed by any sentence for such an offence; or

remit the whole or any part of any sentence passed for such an offence o any penalty or forfeiture otherwise due to Her Majesty on account of such an offence.

The power of the Governor-General under paragraph (1) of this Article shall be exercised by him in accordance with the advice of a Minister designated by him, acting in accordance with the advice of the Prime Minister.

Advisory Committee on Prerogative of Mercy.

91.- There shall be an Advisory Committee on the Prerogative of Mercy which shall consist of-

the Minister referred to in paragraph (2) of Article 90 of this Constitution, who shall be Chairman;

the Attorney-General; and

not less than three or more than five other members appointed by the Governor-General.

Functions of Advisory Committee.

Where an offender has been sentenced to death by any court for an offence against the law of The Bahamas, the Minister shall cause a written report of the case from the trial Justice of the Supreme Court, together with such other information derived from the record of the case or elsewhere as the Minister may require, to be taken into consideration at a meeting of the Advisory Committee.

The Minister may consult with the Advisory Committee before tendering any advice to the Governor-General under paragraph (2) of Article 90 of this Constitution in any case not falling within paragraph (1) of this Article.

The Minister shall not be obliged in any case to act in accordance with the advice of the Advisory Committee.

The Advisory Committee may regulate its own procedure.

In this Article "the Minister" means the Minister referred to in paragraph (2) of Article 90 of this Constitution.

CHAPTER VII THE JUDICATURE

Part 1 The Supreme Court

Establishment of Supreme Court.

There shall be a Supreme Court for The Bahamas which shall have such jurisdiction and powers as may be conferred upon it by this Constitution or any other law.

The Justices of the Supreme Court shall be the Chief Justice and such number of other Justices as may be prescribed by Parliament.

No office of Justice of the Supreme Court shall be abolished while there is a substantive holder thereof.

The Supreme Court shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.

Appointment of Justices of Supreme Court.

The Chief Justice shall be appointed by the Governor-General by instrument under the Public Seal on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

The other Justices of the Supreme Court shall be appointed by the Governor-General by instrument under the Public Seal acting on the advice of the Judicial and Legal Service Commission.

The qualifications for appointment as a Justice of the Supreme Court shall be such as may be prescribed by any law for the time being in force:

Provided that a person who has been appointed as a Justice of the Supreme Court may continue in office notwithstanding any subsequent variations in the qualifications so prescribed.

Acting Justices.

If the office of Chief Justice is vacant or if the Chief Justice is for any reason unable to perform the functions of his office, then, until a person has been appointed to that office and assumed those functions, they shall be performed by such other person, qualified under paragraph (3) of Article 94 of this Constitution for appointment as a Justice, as the Governor-General, acting in accordance with the advice of the Prime Minister may appoint for that purpose by instrument under the Public Seal.

If the office of a Justice of the Supreme Court is vacant, or if any such Justice is anointed to act as Chief Justice or as a Justice of Appeal, or is for any reason unable to perform the functions of this office, the Governor-General, acting on the advice of the Judicial and Legal Service Commission, may by instrument under the Public Seal appoint a person qualified under paragraph (3) of Article 94 of this Constitution for appointment as a Justice to act as a Justice of the Supreme Court, and any person so appointed shall, subject to the provisions of paragraph (5) of Article 96 of this Constitution, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the Governor-General acting on the advice of the Judicial and Legal Service Commission.

Any person appointed to act as a Justice under the provisions of this Article may, notwithstanding that the period of his appointment has expired or his appointment has been revoked, sit as a Justice for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him while he was so acting.

Tenure of office of Justices of Supreme Court.

Subject to the provisions of paragraphs (4) to (7) (inclusive) of this Article, a Justice of the Supreme Court shall hold office until he attains the age of sixty-five years:

Provided that the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may permit a Justice who attains the age of sixty-five years to continue in office until he has attained such later age, not exceeding sixty-seven years, as may (before the Justice has attained the age of sixty-five years) have been agreed between them.

Notwithstanding that he has attained the age at which he is required by or under the provisions of this Article to vacate his office, a person holding the office of Justice of the Supreme Court may, with the permission of the Governor-General, acting in accordance with the advice of the Prime Minister, continue in office for such period after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.

Nothing done by a Justice of the Supreme Court shall be invalid by reason only that he has attained the age at which he is required by this Article to vacate his office.

A justice of the Supreme Court may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or nay other cause) or for misbehavior, and shall not be so removed except in accordance with the provisions of paragraph (5) of this Article.

A Justice of the Supreme Court shall be removed from office by the Governor-General by instrument under the Public Seal if the question of the removal of that Justice from office has, at the request of the Governor-General, made in pursuance of paragraph (6) of this Article, been referred by Her Majesty to the Judicial Committee of Her Majesty's Privy Council and the Judicial Committee has advised her Majesty that the Justice ought to be removed from office for inability as aforesaid or for misbehavior.

If the Prime Minister (in the case of the Chief Justice) or the Chief Justice after consultation with the Prime Minister (in the case of any other Justice) represents to the Governor-General that the question of removing a Justice of the Supreme Court from office for inability as aforesaid of for misbehavior ought to be investigated, then-

the Governor-General shall appoint a tribunal, which shall consist of a Chairman and not less than two other members, selected by the Governor-General acting in accordance with the advice of the Prime Minister (in the case of the Chief Justice) or of the Chief Justice (in the case of any other Justice) from among persons who hold or have held high judicial office;

that tribunal shall inquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether he should request that the question of the removal of that Justice should be referred by Her Majesty to the Judicial Committee; and

if the tribunal so recommends, the Governor-General shall request that the question should be referred accordingly.

The provisions of the Commissions of Inquiry Act(a) as in force immediately before the appointed day shall, subject to the provisions of this Article, apply as nearly as may be in relation to tribunals appointed under paragraph (6) of this Article or, as the context may require, to the members thereof as they apply in relation to the Commissions or Commissioners appointed under that Act, and for that purpose shall have effect as if they formed part of this Constitution.

If the question of removing a Justice of the Supreme Court from office has been referred to a tribunal appointed under paragraph (6) of this Article, the Governor-General, acting in accordance with the advice of the Prime Minister (in the case of the Chief Justice) or of the Chief Justice after the Chief Justice has consulted with the Prime Minister (in the case of any other Justice), may suspend the Justice from performing the function of his office.

Any such suspension may at any time be revoked by the Governor-General, acting in accordance with the advice of the Prime Minister or the Chief Justice (as the case may be), and shall in any case cease to have effect-

if the tribunal recommends to the Governor-General that he should not request that the question of the removal of the Justice from office should be referred by Her Majesty to the Judicial Committee; or

the Judicial Committee advises Her Majesty that the Justice ought not to be removed from office.

The Provisions of this Article shall be without prejudice to the provisions of paragraph (2) of Article 95 of this Constitution.

Oaths to be taken by Justices of Supreme Court.

97.- A Justice of the Supreme Court shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and a judicial oath in such form as is prescribed by any law in force in The Bahamas.

Part 2 Court or Appeal

Establishment of Court of Appeal.

There shall be a Court of Appeal for The Bahamas which shall have such jurisdiction and powers as may be conferred upon it by this Constitution or any other law.

The Justices of Appeal of the Court of Appeal shall be-

a President;

the Chief Justice by virtue of his office as head of the Judiciary but who, however, shall not sit in the Court of Appeal, unless he has been invited so to sit by the President of the Court; and

such number of other Justices of Appeal as may be prescribed by Parliament.

No office of Justice of Appeal shall be abolished while there is a substantive holder thereof.

The Court of Appeal shall be a superior court of record and, save as otherwise provided by Parliament, shall save all the powers of such a court.

Justice of the Court of Appeal.

The President of the Court of Appeal and other Justices of Appeal shall be appointed by the Governor-General by instrument under the Public Seal on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

The qualifications for appointment as a Justice of Appeal may continue in office notwithstanding any subsequent variations in the qualifications so prescribed.

Other arrangements for appeals.

Notwithstanding anything contained in this Part of this Chapter, Parliament may make provisions-

for implementing arrangements made between the Government of The Bahamas and the Government or Governments of any other part or parts of the Commonwealth relating to the establishment of a court of appeal to be shared by The Bahamas with that part or those parts of the Commonwealth, and for the hearing and determination by such a court of appeal of appeals from decisions of any court in The Bahamas; or

for the hearing and determination of appeals from decisions of any court in The Bahamas by a court established for any other part of the Commonwealth.

A law enacted in pursuance of paragraph 81) of this Article may provide that the jurisdiction conferred on any such court as is referred to in that paragraph shall be to the exclusion, in whole or in part, of the jurisdiction of the Court of Appeal established by this Part of this Chapter; and during any period when jurisdiction is so conferred to the exclusion of the whole jurisdiction of the said Court of Appeal, Parliament may suspend the provisions of this Part establishing that Court.

In paragraph (1) of this Article the expression "any court in the Bahamas" includes the Court of Appeal established by this Part of this Chapter.

Acting Justices of Court of Appeal.

If the office of President of the Court of Appeal is vacant or if the President of the Court of Appeal is for any reason unable to perform the functions of this office, then, until a person has been appointed to that office and assumed its functions or, as the case may be, until the President of the Court of Appeal has resumed those functions, they shall be performed by such other person, qualified under paragraph (2) of Article 99 of this Constitution for appointment as a Justice of Appeal, as the Governor-General, acting in accordance with the advice of the Prime Minister, may appoint for that purpose by instrument under the Public Sea.

If the office of a Justice of Appeal (other than the President) is vacant, or if any such Justice is appointed to act as President of the Court of Appeal, or is for any reason unable to perform the functions of his office, the Governor-General, acting on the advice of the Judicial and Legal Service Commission, may by instrument under the Public Seal appoint a person qualified under paragraph (2) of Article 99 of this Constitution for appointed shall, period is specified, until his appointment is revoked by the Governor-General acting on the advice of the Judicial and Legal Service Commission.

Any person appointed to act as a Justice of Appeal under the provisions of this Article may notwithstanding that the period of this appointment has expired or his appointment has been revoked, sit as a Justice for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him while he was so acting.

Tenure of office of Justices of Appeal.

Subject to the provisions of paragraph (4) to (7) (inclusive) of his Article, a Justice of Appeal shall hold office until he attains the age of sixty-eight years:

Provided that the Governor-General, acting on the recommendations of the Prime Minister after consultation with the Leader of the Opposition, may permit a Justice of Appeal who attains the age of sixty-eight years to continue in office until he has attained such later age, not exceeding seventy years, as may (before the Justice of Appeal has attained the age of sixty-eight years) have been agreed between them.

Notwithstanding that he has attained the age at which he is required by or under the provisions of this Article to vacate his office, a person holding the office of Justice of Appeal may, with the permission of the Governor-General, acting in accordance with the advice of the Prime Minister, continue in office for such period after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.

Nothing done by a Justice of Appeal shall be invalid by reason only that he has attained the age at which he is required by this Article to vacate his office.

A Justice of Appeal may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior, and shall not be so removed except in accordance with the provisions of paragraph (5) of this Article.

A Justice of Appeal shall be removed from office by the Governor-General by instrument under the Public Seal if the question of the removal of that Justice of Appeal from office has, at the request of the Governor-General made in pursuance of paragraph (6) of this Article, been referred by Her Majesty to the Judicial Committee of Her Majesty's Privy Council and the Judicial Committee has advised Her Majesty that the Justice of Appeal ought to be removed from office for inability as aforesaid or for misbehavior.

If the Prime Minister (in the case of the President of the Court of Appeal) or the president of the Court of Appeal or the Chief Justice after consultation with the Prime Minister (in the case of any other Justice of Appeal) represented to the Governor-General that the question of removing a Justice of Appeal from office for inability as aforesaid or for misbehavior ought to be investigated, then-

the Governor-General shall appoint a tribunal, which shall consist of a Chairman and not less than two other members, selected by the Governor-General acting in accordance with the advice of the Prime Minister (in the case of the President of the Court of Appeal) of the President of the Court of Appeal (In the case of any other Justice of Appeal) from among persons who hold or have held high judicial office;

that tribunal shall inquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether he should request that the question of the removal of that Justice of Appeal should be referred by Her Majesty to the Judicial Committee; and

The provisions of the Commission of Inquiry Act (a) as in force immediately before the appointed day shall, subject to the provisions of this Article, apply as nearly as may be in relation to tribunals appointed under paragraph (6) of his Article or, as the context may inquire, to the members thereof as they apply in relation to Commission or Commissioners appointed under that Act, and for that purpose shall have effect as if they formed part of this Constitution.

If the question of removing a Justice of Appeal from office has been referred to a tribunal appointed under paragraph (69 of this Article, the Governor-General acting in accordance with the advice of the Prime Minister (in the case of the President of the Court of Appeal) or of the President of the Court of Appeal after the President of the Court of Appeal has consulted with the Prime Minister (in the case of any other Justice of Appeal), may suspend the Justice of Appeal from performing the functions of his office.

Any such suspension may at any time be revoked by the Governor-General, acting in accordance with the advice of the prime Minster or the President of the Court of Appeal (as the case may be), and shall in any case cease to have effect if-

the tribunal recommends to the Governor-General that he should not request that the question of the removal of the Justice of Appeal from office should be referred by Her Majesty to the Judicial Committee; or

the Judicial Committee advises her Majesty that the Justice of Appeal ought no to be removed from office.

The provisions of this Article shall be without prejudice to the provisions of paragraph (2) of Article 101 of this Constitution.

The provisions of this Article and of Article 103 of this Constitution shall not apply to the Chief Justice.

Oaths to be taken by Justices of Appeal.

103.- A Justice of Appeal shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and a judicial oath in such form as is prescribed by any law in force in The Bahamas.

Part 3 Appeals to Court of Appeal and Her Majesty in Council

Appeals relating to fundamental rights and freedoms.

An appeal to the Court of appeal shall lie as of right from final decisions of the Supreme Court given in exercise of the jurisdiction conferred on the Supreme Court by Article 28 of this Constitution (which relates to the enforcement of fundamental rights and freedoms).

An appeal shall lie as of right to the Judicial Committee of Her Majesty's Privy Council or to such other court as may be prescribed by Parliament under Article 105(3) of this Constitution form any decisions given by the Court of Appeal in any such case.

Appeals to Her Majesty in Council in other cases

Parliament may provide for an appeal to lie from decisions of the Court of Appeal established by Part 2 of this Chapter to the Judicial Committee of Her Majesty's Privy Council or to such other court as may be prescribed by Parliament under this Article, either as of right or with the leave of the said Court of Appeal, in such cases other than those referred to in Article 104(2) of this Constitution as may be prescribed by Parliament.

Nothing in this Constitution shall affect any right of Her Majesty to grant special leave to appeal from decisions such as are referred to in paragraph (1) of this Article.

Parliament may by law provide for the functions required in this Chapter to be exercised by the Judicial Committee of Her Majesty's Privy Council to be exercised by any other court established for the purpose in substitution for the Judicial Committee.

Interpretation of "Court of Appeal".

106.- References in this Part to "the Court of Appeal" include references to a shared court of appeal established under Article 100(1) of this Constitution when exercising jurisdiction in respect of The Bahamas.

CHAPTER VIII THE PUBLIC SERVICE

Part 1 The Public Service Commission

Establishment and composition of Public Service Commission.

There shall be a Public Service Commission for The Bahamas which shall consist of a Chairman and not less than two nor more than four other members, who shall be appointed by the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, by instrument under the Public Seal.

No person shall be qualified to be appointed as a member of the Public Service Commission if he is a member of either House or a public officer.

Subject to the provisions of Article 126 of this Constitution the office of a member of the Public Service Commission shall become vacant-

at the expiration of three years from the date of his appointment or such earlier time as may be specified in the instrument by which he was appointed;

if he becomes a member of either House or a public officer.

If the office of Chairman of the Public Service Commission is vacant or the holder thereof is for any reason unable to perform the function of his office then, until a person has been appointed to and has assumed the function of that office or until the person holding that office has resumed those functions, as the case may be, they shall be performed by such one of the other members of the Commission as may for the time being be designated in that behalf by the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

If the office of a member of the Public Service Commission other than the Chairman is vacant or the holder thereof is for any reason unable to perform the functions of his office, the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may appoint a person who is qualified for appointment as a member of the Commission to act in the office f that member; and any person so appointed shall, subject to the provisions of sub-paragraph (3)(b) for this Article and Article 126 of this Constitution, continue so to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, the holder thereof resumes those functions or until his appointment so to act is revoked by the Governor-General, acting as aforesaid.

A former member of the Public Service Commission shall not, within a period of five years commencing with the date on which he last held or acted in that office, be eligible for appointment to any office power to make appointments to which is vested by this Constitution in the Governor-General acting on the recommendation or in accordance with the advice of the Public Service Commission.

Part 2 Appointments etc. of Public Officers

Appointments, etc. of public officers.

108.- Subject to the provisions of this Constitution power to make appointments to public offices and to remove and to exercise disciplinary control over persons holding or acting in such offices is hereby vested in the Governor-General, acting in accordance with the advice of the Public Service Commission.

Appointments of Permanent Secretaries and certain other public officers.

Notwithstanding anything contained in the preceding Article of this Chapter-

power to make appointments to the office of Permanent Secretary or Head of a Department of Government (or to be the holder of any such other office of similar status as the Governor-General may, acting in accordance with the advice of the Prime Minister specify by notice in the Gazette) is hereby vested in the Governor-General actin on the recommendation f the Public Service Commission after the Commission has consulted the Prime Minister;

power to make appointments to the office of Permanent Secretary on transfer from another such office carrying the same salary is hereby vested in the Governor-General acting on the advice of the Prime Minister.

In this Article "Permanent Secretary" includes the Secretary of the Cabinet and the Financial Secretary.

Delegation of Governor-General's powers.

110.- The Governor-General acting in accordance with the advice of the Public Service Commission, may by directions given by instrument under the Public Seal delegate, to such extent and subject to such conditions as may be specified in those directions, the powers vested in him by Article 108 of this Constitution (other than powers to make appointments to the office referred to in Article 109 of this Constitution and to remove or exercise disciplinary control over persons holding or acting in such offices) to such public officers as may be so specified.

Appointments, etc. of principal representatives of The Bahamas abroad.

Power to appoint persons to hold or act in the offices to which this Article applies (including power to make appointments on promotion and transfer and to confirm appointments) and to remove persons so appointed from any such office shall vest in the Governor-General, acting in accordance with the advice of the Prime Minister.

Before tendering any advice for the purposes of this Article in relation to any person who holds or acts in any public office other than an office to which this Article applies, the Prime Minister shall consult the Service Commission which is responsible for advising in respect of appointments to the office which the person concerned holds or in which he is acting.

The office to which this Article applies are the offices of Ambassador, High Commissioner or any other principal representative of The Bahamas in any of the country or accredited to any international organization.

Appointments on transfer in respect of certain offices.

Power to make appointments on transfer to the offices to which this Article applies shall vest in the Prime Minister.

The offices to which this Article apples are-

offices, the holders of which are required to reside outside The Bahamas for the proper discharge of their functions;

such offices in the Ministry responsible for the conduct of the external affairs of The Bahamas as may, from time to time, be designated by the Prime Minister.

Appointment of Secretary to the Cabinet.

There shall be a Secretary to the Cabinet whose office shall be a public office.

Power to appoint any person to the office of Secretary to the Cabinet and to remove such person from that office shall vest in the Governor-General acting in accordance with the advice of the Prime Minister.

Before tendering advice for the purposes of this Article, the Prime Minister shall consult the Public Service Commission.

The Secretary to the Cabinet shall have charge of the Cabinet Office and shall be responsible, in accordance with such instructions as may be given to him by the Prime Minister, for the supervision of any department of the Government for which the Prime Minister has responsibility.

Part 3 The Public Service Board of Appeal

Public Service Board of Appeal.

There shall be a Public Service Board of Appeal for The Bahamas which shall consist of the following members, who shall be appointed by instrument under the Public Seal-

one member appointed by the Governor-General acting in accordance with the advice of the Chief Justice from among persons who hold or have held high judicial office or are qualified to hold high judicial office, who shall be Chairman;

one member appointed by the Governor-General acting in accordance with the advice of the Prime Minister; and

one member appointed by the Governor-General acting in accordance with the advice of the appropriate representative body.

A person shall not be qualified for appointment as a member of the Board if he is a member of either House.

Subject to the provisions of this Article and of Article 126 of this Constitution, the office of a member of the Board shall become vacant-

at the expiration of three years from the date of his appointment;

if he becomes a member of either House.

If at any time any member of the Board is for any reason unable to exercise the functions of his office, the Governor-General may appoint a person who is qualified to be appointed as a member of the Board to act as a member, and any person so appointed shall, subject to the provisions of sub-paragraph (3)(b) of this Article and Article 126 of this Constitution, continue to act until the office in which he is acting has been filled to, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the Governor-General.

The Board shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.

In this Article "the appropriate representative body" means such body representing the interests of public officers as the Governor-General may, by Order, designate.

Appeals in discipline cases.

Subject to the provisions of this Article, an appeal shall lie to the Public Service Board of Appeal at the instance of the officer in respect of whom the decision is made from any decision of the Governor-General, acting in accordance with the advice of the Public Service Commission, that any public officer shall be removed from office or that any penalty should be imposed on him by way of disciplinary control.

Upon an appeal under paragraph 81) of this Article the Board may affirm or set aside the decision appealed from or may make any other decision which the authority or person from whom the appeal lies could have made.

Every decision of the Board shall require the concurrence of a majority of all its members.

Subject to the provisions of paragraph (3) of this Article, the Board may be regulations make provision for-

the procedure of the Board;

the procedure in appeals under this Article;

exceeding from the provisions of paragraph (1) of this Article decisions in respect of public officers holding offices whose emoluments do not exceed such sum as may be prescribed or such decisions to exercise disciplinary control, other than decisions to remove from office, as may be prescribed.

Regulations made under this Article may, with the consent of the Prime Minister, confer powers or impose duties on any public officer or any authority of the Government of The Bahamas for the purpose of the exercise of the functions of the Board.

The Board may, subject to the provisions of this Article and to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member.

Part 4 The Judicial and Legal Service Commission

Establishment and composition of the Judicial and Legal Service Commission.

There shall be a Judicial and Legal Service Commission for The Bahamas.

The members of the Judicial and Legal Service Commission shall be-

the Chief Justice, who shall be Chairmen;

such other Justice of the Supreme Court or Justice of Appeal as may be designated by the Governor-General, acting on the recommendation of the Chief Justice, by instrument under the Public Seal;

the Chairman of the Public Service Commission; and

two persons appointed by the Governor-General by instrument under the Public Seal, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

Subject to the provisions of Article 126 of this Constitution, the office of a member of the Judicial and Legal Service Commission referred to in sub-paragraph (2)(d) of this Article shall become vacant-

at the expiration of three years form the date of his appointment or such earlier time as may be specified in the instrument by which he was appointed;

A person shall not be qualified to be appointed as a member of the Commission under subparagraph (2) (b) of this Article unless he holds or is qualified to hold or has held high judicial office; and a person shall be disqualified for appointment as such if he is a member of either House.

If the office of Chairman of the Judicial and Legal Service Commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, then until a person has been appointed to and has assumed the faction of that office or until the person holding that office has resumed those functions, as the case may be, they shall be performed by such one of the other members of the Commission as may for the time being be designated in that behalf by the Governor-General, acting on the recommendation of the Chief Justice, or, if the is for any reason incapacitated from making a recommendation, of the other Justice of the Supreme Court or Justice of Appeal who is a member of the Commission.

If at any time one of the members of the Commission referred to in sub-paragraphs (2)(b), (c) or (d) of this Article is for any reason unable to exercise the function of his office, the Governor-General, in the case of the Chairman of the Public Service Commission, may appoint another member of the Public Service Commission to act as a member, and in the case of a member referred to in sub-paragraphs (2)(b) or (d) of this Article may, acting on the same recommendation as for the appointment of that members, appoint a person who is qualified to be appointed as a member of the Commission to act as a member. Any person so appointed shall, subject to the provisions of sub-paragraph (3)(b) of this Article and Article 126 of this Constitution, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the Governor-General, acting as aforesaid.

Appointments, etc. of judicial an legal officers.

Subject to the provisions of this Constitution, power to make appointments to public offices to which this Article applies and to remove and to exercise disciplinary control over persons holding or acting in such officer is hereby vested in the Governor-General acting in accordance with the advice of the Judicial and Legal Service Commission.

This Article applies to such public offices for appointment to which persons are required to posses legal qualifications as may be prescribed by Parliament.

Part 5 The Police Service Commission

Establishment and composition of the Police Service Commission.

There shall be a Police Service Commission for the Bahamas which shall consist of Chairman and two other members appointed by the Governor-General acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, by instrument under the Public Seal.

No person shall be qualified to be appointed as a member of the Police Service Commission if he is a member of either House or a public officer.

Subject to the provisions of Article 126 of this Constitution, the office of a member of the Police Service Commission shall become vacant-

at the expiration of three years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed;

If the office of Chairman of the Police Service Commission is vacant or the holder thereof is for any reason unable to perform the function of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be performed by such one of the other members of the Commission as may for the time being be designated in that behalf by the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

If the office of a member of the Police Service Commission other than the Chairman is vacant or the holder thereof is for any reason unable to perform the functions thereof, the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may appoint a person who is qualified for appointments as a member of the Commission to act in the office of that member; and any person so appointed shall, subject to the provisions of sub-paragraph (3)(b) of this Article and Article 126 of this Constitution, continue so to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, the holder thereof resumes those functions or until his appointment so to act is revoked by the Governor-General, acting as aforesaid.

Appointment of Commissioner of Police and other officers of the Police Force,

Power to make appointments to the office of Commissioner of Police and Deputy Commissioner of Police shall be vested in the Governor-General acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

Save as provided under paragraph (1) of this Article power to make appointments to offices in the Police Force of or above the rank of Assistant Commissioner of Police is vested in the Governor-General acting on the recommendation of the Prime Minister after consultation with the Police Service Commission.

Save as provided in the preceding paragraphs of this Article, power to make appointments to offices in the Police Force of or above the rank of Inspector is vested in the Governor-General, acting on the advice of the Police Service Commission.

There shall be in the Police Force such number of Police Promotion Boards, each consisting of officers in the Police Force above the rank of Inspector, as may be prescribed by regulations made under this paragraph.

Power to make appointments to offices in the Police Force below the rank of Inspector shall be vested in the Commissioner of Police acting after consultation with a Police Promotion Board.

Power to make posting and appointments on transfer within the Police Force of officers in that Force shall be vested in the Commissioner of Police.

Removal of the Commissioner and Deputy Commissioner of Police.

The Commissioner of Police and Deputy Commissioner of Police may be removed from office by the Governor-General but shall not be removed except in accordance with the provisions of paragraph (2) of this Article.

The Commissioner of Police or Deputy Commissioner of Police shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under paragraph (3) of this Article and the tribunal has recommended to the Governor-General that he ought to be removed from office.

If the Prime Minister represented to the Governor-General that the question of removing the Commissioner of Police or Deputy Commissioner or Police from office ought to be investigated, then-

the Governor-General acting in accordance with the advice of the Prime Minister shall suspend the Commissioner of Police or Deputy Commissioner of Police from performing the functions of his office, as the case may be;

the Governor-General shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission, from among persons who hold or have held or are eligible to hold high judicial office; and

the tribunal shall inquire into the matter and report on the facts thereof to the Governor-General whether the Commissioner of Police or Deputy Commissioner of Police ought to be removed from office.

If the question of removing the Commissioner of Police or Deputy Commissioner of Police from office has been referred to a tribunal under paragraph (3) of this Article, the Governor-General shall revoke any such suspension if the tribunal recommends to the Governor-General that the Commissioner of Police or Deputy Commissioner of Police should not be removed from office.

Removal and discipline of members of the Force.

Save as provided under Article 120 of this Constitution, power to remove and to exercise disciplinary control over persons holding or acting in the office of or above the rank of Assistant Commissioner in the Police Force is vested in the Governor-General acting in accordance with the advice of the Police Service Commission after consultation with the Prime Minister.

Save as provided in Article 120 of this Constitution and paragraphs (1) and (3) of this Article, power to remove and exercise disciplinary control over persons holding or acting in office in the Police Force is vested in the Governor-General acting in accordance with the advice of the Police Service Commission.

The following powers are vested in the Commissioner of Police-

in respect of officer of or above the rank of Assistant Superintended, the power to administer reprimands;

in respect of Inspector, the power to exercise disciplinary control other than removal or reduction in rank; and

in respect of officers below the rank of Inspector, the power to exercise disciplinary control including the power of removal.

The Commissioner of Police may, by directions in writing, and subject to such conditions as he thinks fit, delegate to any officers of the Police Force of or above the rank of Inspector any of his powers under sub-paragraph (3)(c) of this Article other than the power of removal; but an appeal from any award of punishment by such officer shall lie to the Commissioner.

Parliament may by law provide that an appeal shall lie to the Governor-General from a decision of the Commissioner of Police to remove or exercise disciplinary control over persons holding or acting in offices in the Police Force in such cases as may be prescribed by such law, and in determining any such appeal the Governor-General shall act in accordance with the advice of the Police Service Commission.

Part 6 Pensions

Protection of pension rights.

Subject to the provisions of Articles 123 and 124 of this Constitution, the law applicable to the grant and payment to any officer, or to his widow, children, dependents or personal representatives, of any pensions, compensation, gratuity or other like allowance (in this an "award") in respect of the service of that officer in a public office shall be that in force on the relevant date or any later law tat is not less favorable to that person.

In paragraph (1) of this Article "the relevant date" means-

in relation to an award granted before 10th July 1973, the date on which the award was granted;

in relation to an award granted or to be granted on or after 10th July 1973 to or in respect of any person who was a public officer before that date 9th July 1973;

in relation to an award granted or to be granted to or in respect of any person who becomes a public officer on or after 10th July 1973, the date on which he becomes a public officer.

Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law specified by him in exercising the option shall, for the purposes of this Article, be deemed to be more favorable to him than the other law or laws.

Awards granted under any law in respect of service in a public office (not being awards that are a charge upon some other public fund of The Bahamas) are hereby charged on the Consolidated Fund.

For the purposes of this Article and of Articles 123 and 124 of this Constitution, service as a Justice of the Supreme Court or Justice of Appeal shall be deemed to be service in the public service.

Grant and withholding of pensions, etc.

The power to grant any award under any pensions law for the time being in force in The Bahamas (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that behalf contained in any such law, to withhold, reduce in amount or suspend any award payable under any such law is hereby vested in the Governor-General.

The power vested in the Governor-General by paragraph (1) of this Article shall be exercised by him on the recommendation of the appropriate Service Commission.

The appropriate Service Commission shall not recommend to the Governor-General that any award for which a person who holds or has held the office of a Justice of the Supreme Court or Justice of Appeal or Auditor-General is eligible shall not be granted, or that any award payable to him shall be withheld, reduced in amount or suspended, on the ground that he has been guilty of misbehavior unless he has been removed from office by reason of such misbehavior.

In this Article and in Article 124 of this Constitution "the appropriate Service Commission" means-

in the case of an award that may be granted or is payable to a person who, having been a public officer, was immediately before the date on which he ceased to hold public office serving-

as a Justice of the Supreme Court or Justice of Appeal;

in any public office to which the provision of Article 117 of this Constitution applied on that date,

- the judicial and Legal Service Commission;

in the case of an award that may be granted or is payable to a person who, having been a public officer, was immediately before the date on which he ceased to hold public office, serving as a the date on which he ceased to hold public office, serving as a member of the Police Force, the Police Service Commission;

in any other case the Public Service Commission.

In this Article "pension law" means nay law relating to the grant to any person or to the widow, children, dependents or personal representatives of that person, of an award of any pension, compensation, gratuity or other like allowance in respect of the service of that person in a public office an includes any instrument make under any such law.

Appeals in respect of certain decisions affecting pensions benefits.

The provisions of this Article shall have effect for the purpose of enabling an officer or his personal representatives to appeal against any of the following decisions, that is to say:-

a decision of the appropriate Service Commission embodying a recommendation in respect of an officer, under Article 123(2) of this Constitution, not to grant or to withhold, reduce in amount or suspend, and award;

a decision of any authority to remove an office from office if the consequence of the removal is that an award cannot be granted in respect of the officer's service in a public office; or

a decision of any authority to take some other disciplinary action in relation to such an office if the consequence of the action is or in the opinion of the authority might be, to reduce the amount of any award that may be grated in respect of the officer's service in a public office.

Where any such decision as is referred to in paragraph (1) of this Article is taken by any Commission or authority, the Commission or authority shall cause to be delivered to the officer concerned, or to his personal representatives, a written notice of that decision stating the time, not being less than twenty-eight days from the date on which the notice is delivered, within which he, or his personal representatives, may apply to the Commission or authority for the case to be referred to the Public Service Board of Appeal.

The Board shall inquire into the facts of the case, and for that purpose-

shall, if the applicant so requests in writing, hear the applicant either in person or by a legal representative of his choice, according to the terms of the request, and shall consider any representations that he wishes to make in writing;

may hear any other person who, in the opinion of the Board, is able to give the Board information on the case; and

shall have access to, and shall consider, all documents that were available to the Commission or authority concerned and shall also consider any further document relating to the case that may be produced by or on behalf of the applicant or the Commission or authority.

When the Board has completed its consideration of the case, then-

if the decision that is the subject of reference to the Board is such a decision as is mentioned in sub-paragraph (1)(a) of this Article, the Board shall advise the appropriate Service Commission or authority whether the decision should be affirmed, reversed or modified and the Commissioner authority shall act in accordance with that advice; and

if the decision that is the subject of the reference to the Board is such a decision as is referred to in sub-paragraph (1)(b) of (c) of this Article, the Board shall not have power to advise the Commission or authority concerned to affirm, reverse or modify the decision but-

where the officer has been removed from office the Board may direct that there shall be granted all or any part of the award that, under any law, might have been granted in respect of his service in a public office if he had retired voluntarily at the date of his removal and may direct that any law with respect to awards shall in any other respect that the Board may specify have effect as if he had so retired, and

where some other disciplinary action has been taken in relation to the office the Board may direct that, on the grant of any award under any law in respect of the officer's service in a public office, that award shall be increased by such amount or shall be calculated in such manner as the Board may specify in order to offset all or any part of the reduction in the amount of that award that, in the opinion of the Board, would or might otherwise be a consequence of the provisions of any other law.

If the appeal relates to a case in which the officer exercises his right of appeal to the Board under Article 115(1) of this Constitution, the Board shall first consider his appeal under that Article and only if it decides to affirm the decision or to make some other decision the consequence of which would be to affect the officer's award, shall the Board proceed to consider the officer's appeal under this Article.

For the purposes of this Article-

"legal representative" means a person entitled to practice in The Bahamas as a Counsel and Attorney of the Supreme Court; and

a notice shall be deemed to have been delivered to an office one week after it has been posted if, in the case of an officer on pension and resident outside The Bahamas whose residential address cannot be ascertained, it has been posted addressed to him at the address to which his pension is being paid.

Part 7 Miscellaneous

Procedure of Commissions.

In relation to any Commission established by this Chapter the Governor-General, acting in accordance with the advice of the Commission, may by regulation or otherwise regulate its procedure and, subject to the consent of the Prime Minister, confer powers and impose duties on any public officer or any authority of the Government for the purpose of the discharge of the functions of the Commission.

At any meeting of any Commission established by this Chapter a quorum shall be constituted if a majority of the members are present; and, if a quorum is present, the Commission shall not be disqualified for the transaction of business by reason of any vacancy among its members or the absence of any member, and any proceedings of the Commission shall be valid notwithstanding that some person who was not entitled so to do took part therein.

Any question proposed for decision at any meeting of any Commission established by this Chapter shall be determined by a majority of the votes of the members thereof present and voting, and if on any such question the votes are equally divided the member presiding shall have and exercise a casting vote.

Any question whether-

any Commission established by this Chapter has validly performed any functions vested in it or under this Chapter;

any person has validly performed any functions delegated to him; or

any member of such a Commission or any other person or authority has validly performed any other function in relation to the work of the Commission,

- shall not be inquired into in any court.

Removal from office of certain persons.

A member of a Commission established under this Chapter may be removed from office only for inability to exercise the function of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior and shall not be so removed except in accordance with the provisions of this Article.

A member of a Commission shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under paragraph (3) of this Article and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehavior.

If the Governor-General, acting in accordance with the advice of the prescribed authority, considers that the question of removing a member of a Commission under this Article ought to be investigated, then-

the Governor-General, acting in accordance with the advice of the prescribed authority shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the Chief Justice, or where the question concerns the Chairman of the Judicial and Legal Service Commission by the President of the Court of Appeal, from among persons who hold or have held or are qualified to hold office as a Justice of the Supreme Court; and

the tribunal shall inquire into the matter and report on the facts thereof the Governor-General and recommend to him whether the member ought to be removed under this Article.

If the question of removing a member of a Commission has been referred to a tribunal under this Article, the Governor-General, acting in accordance with the advice of the prescribed authority, may suspend that member from the exercise of the functions of his office and any such suspension may be at any time revoked by the Governor-General, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that member should not be removed.

In this Article-

"Commission" includes the Public Service Board of Appeal;

"the prescribed authority" means-

in relation to the Public Service Commission or the Judicial and Legal Service Commission, the Prime Minister when the question concerns the Chairman of either of those Commissions, and the Chairman of the Commission concerned when the question concerns any other member of either of those Commissions; and

in relation to the Public Service Board of Appeal or the Police Service Commission, the Prime Minister.

Public Service.

127.- In this Constitution references to the public service shall not be construed as including service in-

the office of Governor-General, Prime Minister or other Minister, Parliamentary Secretary, Leader of the Opposition, President and Vice-President of the Senate, Senator, Speaker and Deputy Speaker of the House of Assembly, or member of the House of Assembly;

the office of a member of the Public Service Commission, the Public Service Board of Appeal, the Judicial and Legal Service Commission or the Police Service Commission;

the staff of the Department of Tourism or of any other department or agency of the Government established for special purposes by any law which specifies that offices therein shall not be public offices for the purposes of this Constitution;

the office of a member of any board, committee or other similar body (whether incorporated or not) established by any law in force in The Bahamas; or

except as otherwise provided in this Constitution the office of a Justice of the Supreme Court, a Justice of Appeal or any office on the personal staff of the Governor-General.

CHAPTER IX FINANCE

Consolidated Fund.

128.- There shall be in and for the Bahamas a Consolidated Fund, into which, subject to the provision of any law for the time being in force in The Bahamas, shall be paid all revenues of The Bahamas.

The Minister of Finance shall, before the end of each financial year, cause to be prepared annual estimates of revenue and expenditure for public services during the succeeding financial year, which shall be laid before the House of Assembly.

The estimates of expenditure shall show separately the sums required to meet statutory expenditure (as defined in Article 130(7) of this Constitution) and the sums required to meet other expenditure proposed to be paid out of the Consolidated Fund.

Authority for Public Expenditure.

The Minister of Finance shall, in respect of each financial year, at the earliest convenient moment before the commencement of that financial year, introduce in the House of Assembly an Appropriation Bill containing, under appropriate heads for the several services required, the estimated aggregated sums which are proposed to be expended (otherwise than by way of statutory expenditure) during that financial year.

Subject to paragraphs (4) and (6) of this Article, the sums set out in the Appropriation Act in respect of a financial year shall represent the limit and extent of the public expenditure for that financial year.

Where any sum is set out in the Appropriation Act in respect of a financial year and at the end of that year there is an unexpended balance of that sum, the unexpended balance shall lapse.

The Minister of Finance may, in case of necessity, from time to time cause to be prepared supplementary estimates of expenditure which shall be laid before and voted on by the House of Assembly.

In respect of all supplementary expenditure voted on by the House of Assembly in pursuance of paragraph (4) of this Article, the Minister of Finance may, at any time before the end of the financial year, introduce into the House of Assembly a Supplementary Appropriation Bill containing, under appropriate heads, the aggregate sums so voted and shall, as soon as possible after the end of each financial year, introduce into the House of Assembly a final Appropriation Bill containing any such sums which have not yet been included in any Appropriation Bill.

That part of any estimate of expenditure laid before the House of Assembly which shows statutory expenditure shall not be voted on by the House, and such expenditure shall, without further authority of Parliament, be paid out of the Consolidated Fund.

For the purposes of this Article and Article 129 of this Constitution-

"financial year" means any period of twelve months beginning of 1st January in any year or such other date as Parliament may prescribe; and

"statutory expenditure" means expenditure charged on the Consolidated Fund or on the General revenues and assents of the Bahamas by any provisions of this Constitution or of any other law for the time being in force in The Bahamas.

Withdrawal of money from the Consolidated Fund.

131.- No sum shall be paid out of the Consolidated Fund except upon the authority of a warrant under the hand of the Minister of Finance or under the hand of some person authorized by him in writing; and sums so issued shall be disposed of for meeting public expenditure authorized under Article 130 of this Constitution or, in the case of statutory expenditure, for the purposed appointed by law.

Withdrawal of money in advance of Appropriation Act.

132.- Where at any time for any justifiable reason, the Appropriation Bill in respect of any financial year has not come into operation by the beginning of that financial year, the Minister of Finance may, to such an extent and subject to such conditions as may be prescribed, or if no conditions have been prescribed on a resolution to that effect passed by the House of Assembly, issue a warrant for the payment out of the Consolidated Fund or other public funds of The Bahamas of such sums as he may consider necessary for the continuance of the public service, but a statement of the sums so authorized shall, as soon as practicable, be laid before and voted on by the House of Assembly and the aggregate sums so voted shall be included, under the appropriate heads, in the next Appropriation Bill immediately following.

Contingencies Fund.

Parliament may by law provide for the establishment of a Contingencies Fund and may authorize the Minister of Finance to make advances from that Fund if he is satisfied that there is an unforeseen need for expenditure for which no provision or no sufficient provisions has been made by an Appropriation Act.

Where any advances are made by virtue of an authorization conferred under paragraph (1) of this Article, a supplementary estimate of the sums required to replace the amount so advanced shall, as soon as practicable, be laid before and voted on by the House of Assembly and the sums so voted shall be included in a Supplementary Appropriation Bill or a Final Appropriation Bill.

Public Debt.

134.- The Public Debt of the Bahamas, including the interest on the debt, sinking fund payments and redemption monies in respect of that debt and the costs, charges and expenses incidental to the management of that debt, is hereby charged on the Consolidated Fund.

Remuneration of Governor-General and certain other officers.

There shall be paid to the holders of the offices to which this Article applies such salaries and allowances as may be prescribed by or under any law.

The salaries payable to the holders of the offices to which this Article applies are hereby charged on the Consolidated Fund.

The salary and allowance payable to the holder of any office to which this Article applies and his other terms of service shall not be altered to his disadvantage after his appointment, and, for the purposes of this paragraph, in so far as the terms of service of any person depend upon the option of that person, the terms for which he opts shall be taken to be more advantageous to him than any other terms for which he might have opted.

This Article apples to the office of Governor-General, Justice of the Supreme Court, Justice of Appeal, Auditor-General and member of any Commission established by Chapter VIII of this Constitution or of the Public Service Board of Appeal.

Establishment of office and functions of Auditor-General.

There shall be an Auditor-General whose office shall be a public office.

The Auditor-General shall be appointed by the Governor-General, by instrument under the Public Seal, acting on the recommendation of the Public Service Commission made after the Commission has consulted the Prime Minister.

The accounts of the Supreme Court, the Senate, the House of Assembly, all departments and offices of the Government (but excluding the Department of the Auditor-General), the Public Service Commission, the Judicial and Legal Service Commission, the Police Service Commission and all Magistrates' Courts shall, at least once in every year, be audited and reported on by the Auditor-General who, with his subordinate staff, shall at all times be entitled to have access to all books, records, returns and reports relating to such accounts.

The Auditor-General shall submit his reports made under paragraph (3) of this Article without undue delay to the Speaker (or, if the office of Speaker is vacant or the Speaker is for any reason unable to perform the functions of his office, to the Deputy Speaker) who shall cause them to be laid before the House of Assembly without undue delay.

In the exercise of this functions under the provisions of paragraphs (3) and(4) of this Article, the Auditor-general shall not be subject to the direction or control of any other person or authority.

The accounts of the department of the Auditor-General shall be audited and reported on by the Minister of Finance and the provisions of paragraphs (3) and (4) of this Article shall apply in relation to the exercise by that Minister of those function as they apply in relation to audits and reports made by the Auditor-General.

Nothing in this Article shall prevent the performance by the Auditor-General of-

such other functions in relation to the accounts of the Government and that accounts of other public authorities and other bodies administering public funds in The Bahamas as may be prescribed by or under any law for the time being in force in The Bahamas; or

such other functions in relation to the supervision and control of expenditure form public funds in The Bahamas as may be so prescribed.

The Auditor-General may be removed from office only for inability to discharge the functions thereof (whether arising form infirmity of mind or body or any other cause) or for misbehavior, and shall not be so removed except in accordance with the provisions of paragraph (9) of this Article.

The Auditor-General shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under paragraph (10) of this Article and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehavior.

If the Prime Minister represents to the Governor-General that the question of removing the Auditor-General form office for inability as aforesaid or for misbehavior ought to be investigated, then-

the tribunal shall inquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether the Auditor-General ought to be removed from office for inability as aforesaid or for misbehavior.

If the question of removing the Auditor-general form office has been referred to a tribunal under paragraph (9) of this Article, the Governor-General, acting in accordance with the advice of the Public Service Commission, may suspend the Auditor-general from performing the functions of this office and any such suspension may at any time be revoked by the Governor-General, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that the Auditor-General should not be removed from office.

CHAPTER X INTERPRETATION

In this Constitution, unless it is otherwise provided or required by the context-

"Act" or "Act of Parliament" means any law made by Parliament;

"The Bahamas" means The Commonwealth of The Bahamas;

"the Commonwealth" means, save as otherwise prescribed, The Bahamas, the United Kingdom, Canada, Australia, New Zealand, India, Sri Lanka, Ghana, Malaysia, Nigeria, Cyprus, Sierra Leone, Malta, Zambia, The Gambia, Singapore, Guyana, Lesotho, Botswana, Barbados, Mauritius, Swaziland, Tonga, Fiji, Western Samoa, Nauru, Bangladesh and any dependency of any such country;

"election" means an election of a member or members of the House of Assembly;

"the Gazette" means the Official Gazette of The Bahamas;

"House" means either the Senate or the House of Assembly or both, as the context may require;

"high judicial office" means the office of judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court;

"law" includes any instrument having the force of law and any unwritten rule of law, and "lawful" and "lawfully" shall be construed accordingly;

"Minister" includes a temporary Minister appointed under Article 76 of this Constitution, except in relation to Articles 72, 73, 76 and 86 of this Constitution;

"Minister of Finance" means the Minister, by whatever title styled, responsible for Government finance;

"oath" includes affirmation;

"Parliament" means the Parliament of The Bahamas;

"the Police Force" means the Police Force established in and for The Bahamas and maintained under the provisions of the Police Act 1965(a) or any law amending or replacing that Act;

"prescribed" means provided by or under and Act of Parliament;

"public office" means, subject tot he provisions of paragraph (6) of this Article and Article 127 of this Constitution, any office of emolument in the public service;

"public officer" means the holder of any public office and includes any person appointed to act in any such office;

"the public service" means, subject to the provisions of Article 127 of this Constitution, the service of the Crown in a civil capacity in respect of the Government of The Bahamas;

"session" means, in relation to a House, the sitting of that House commencing when it first meets after this Constitution comes into operation or after any general election or prorogation of Parliament and terminating when Parliament is prorogue or is dissolves without having been prorogue;

"sitting" means, in relation to a House, a period during which that House is sitting continuously without adjournment and includes any period during which the House is in committee.

For the purposes of this Constitution the territory of The Bahamas shall comprise all the areas that were comprised therein immediately before 10th July 1973 together with such other areas as Parliament may declare to form part thereof.

For the purposes of Articles 42, 43, 48 and 49 of this Constitution-

"government contract" means, subject to such exception as Parliament may prescribe, any contract made with the Government of The Bahamas or with a department of that Government or with and officer of that Government contracting as such; and

a person shall be deemed to be interested in a government contract if-

subject to such exceptions as Parliament may prescribe, he is a party to such a contract or a partner in a firm or director or manager of a company which is a party to such a contract; or

he is otherwise interested in such a contract in such manner as Parliament may prescribe.

any reference to the date on which this Constitution comes into operation shall be construed as a reference to the appointed day referred to in section 1(2) of the Order in Council to which this Constitution is scheduled;

any reference to a law (which term shall, without prejudice to the definition in paragraph (1) of this Article, include an Act) shall be construed as including a reference to a law made at any time before this Constitution comes into operation;

any reference to power to make appointments to any office shall be construed as including a reference to power to make appointments on promotion and transfer to that office and to power to appoint a person to act in that office during any period during which it is vacant or the holder thereof is unable (whether by reason of absence or of infirmity of body or mind or any other cause) to perform the functions of that office;

any reference to the holder of an office by a term designating or describing his office shall be construed as including a reference to any person for the time being acting in that office or, tot he extent of his authority, otherwise authorized to perform the functions of that office.

Where by this Constitution any person is directed, or power is conferred on any person or authority to appoint a person, to act in or otherwise to perform the functions of an office if the holder thereof is unable to perform the functions of that office, the validity of any performance of those functions by the person so directed or of any appointment in exercise of that power shall not be called in question in any court on the ground that the holder of the office is not unable to perform the functions of the office.

For the purpose of this Constitution, a person shall not be considered to hold a public office by reason only that he is in receipt of a pension or other like allowance in respect of public service.

References in this Constitution to the power to remove a public officer from his office shall, subject to the provisions of this Constitution, be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service.

Save as otherwise provided in this Constitution, any provisions of this Constitution that vests in any person or authority power to remove any public officer (other than a public officer mentioned in paragraph(9) of this Article) form his office shall be without prejudice to the power of any person or authority to abolish any office of to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified therein.

If any circumstances arise that, under the provisions of this Constitution, require the Governor to remove a Justice of the Supreme Court or a Justice of Appeal or the Commissioner of Police, the Deputy Commissioner of Police or the Auditor-General from office for inability to discharge the functions of his office, such removal may be carried out either by dismissing that officer or by requiring him to retire.

Where any power is conferred by this Constitution to make any proclamation, order, rules or regulations or to give any direction, the power shall be construed as including a power exercisable in like manner to amend or revoke any such proclamation, order, rules, regulation or direction.

Any person appointed to an office under any provisions in this Constitution may resign that office. Except as otherwise provided in this Constitution such resignation shall be made in writing to the person in whom under this Constitution the power is vested to make appointments to the office concerned.

Where two or more persons are holding the same office by reason of an appointment made in pursuance of paragraph (4) of this Article, then-

for the purposes of any function conferred upon the holder on that office; and

for the purposes of any reference in this Constitution to the absence, illness or inability to perform the functions of his office of the holder of that office,

- the person last appointed to the office shall be deemed to be the sole holder of the office.

The Interpretation Act of The Bahamas(a) and all amendments thereto as in force on 10th July 1973 shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to Acts of Parliament of The Bahamas.

EXPLANATORY NOTE

(This Note is not part of the Order.)

By virtue of the Bahamas Independence Act 1973, The Bahamas will attain fully responsible status within the Commonwealth on 10th July 1973, This Order makes provisions for a Constitution for The Bahamas to come into effect on that day, including provision for the legislature, the executive government, the judicature and the public service, The Constitution also contains provisions relating to citizen ship of the Bahamas and fundamental rights and freedoms of the individual.

Source / Fuente: Government of the Bahamas. The Bahamas Independence Order 1973 (The Constitution of The Commonwealth of The Bahamas). Caribbean and North Atlantic Territories Statutory Instruments . 1973 No. 1080 .

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The 1973 Constitution of the Philippines PDF and Summary

The complete 1973 Constitution of the Philippines. This law was ratified on January 17, 1973 in accordance with Presidential Proclamation No. 1102 issued by former President Ferdinand E. Marcos. It is quite a summary to see the differences of this law compared to the other constitution law drafted.

Table of Contents:

1973 Constitution of the Philippines PDF

Download the PDF at this page: 1973 Constitution of the Philippines PDF

1973 Constitution of the Philippines Summary

We, the sovereign Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody our ideals, promote the general welfare, conserve and develop the patrimony of our Nation, and secure to ourselves and our posterity the blessings of democracy under a regime of justice, peace, liberty, and equality, do ordain and promulgate this Constitution.

ARTICLE I: NATIONAL TERRITORY

Section 1. The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all the other territories belonging to the Philippines by historic or legal title, including the territorial sea, the air space, the subsoil, the sea-bed, the insular shelves, and the submarine areas over which the Philippines has sovereignty or jurisdiction. The waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the Philippines.

ARTICLE II : DECLARATION OF PRINCIPLES AND STATE POLICIES

Section 1. The Philippines is a republican state. Sovereignty resides in the people and all government authority emanates from them.

Section 2. The defense of the State is the prime duty of government, and in the fulfillment of this duty all citizens may be required by law to render personal military or civil service.

Section 3. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

Section 4. The State shall strengthen the family as a basic social institution. The natural right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the aid and support of the government.

Section 5. The State recognizes the vital role of the youth in nation-building and shall promote their physical, intellectual and social well-being.

Section 6. The State shall promote social justice to ensure the dignity, welfare, and security of all the people. Towards this end, the State shall regulate the acquisition, ownership, use, enjoyment, and disposition of private property, and equitably diffuse property ownership and profits.

Section 7. The State shall establish, maintain, and ensure adequate social services in the field of education, health, housing, employment, welfare, and social security to guarantee the enjoyment of the people of a decent standard of living.

Section 8. Civilian authority is at all times supreme over the military.

Section 9. The State shall afford protection to labor, promote full employment and equality in employment, ensure equal work opportunities regardless of sex, race, or creed, and regulate the relation between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work. The State may provide for compulsory arbitration.

Section 10. The State shall guarantee and promote the autonomy of local government units, especially the barrio, to ensure their fullest development as self-reliant communities.

ARTICLE III: CITIZENS

Section 1. The following are citizens of the Philippines:

• Those who are citizens of the Philippines at the time of the adoption of this Constitution.
• Those whose fathers and mothers are citizens of the Philippines.
• Those who elect Philippine citizenship pursuant to the provisions of the Constitution of nineteen hundred and thirty-five.
• Those who are naturalized in accordance with law.

Section 2. A female citizen of the Philippines who marries an alien retains her Philippine citizenship, unless by her act or omission she is deemed, under the law, to have renounced her citizenship.

Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

Section 4. A natural-born citizen is one who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his Philippine citizenship.

ARTICLE IV: BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

Section 2. Private property shall not be taken for public use without just compensation.

Section 3. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and whatever purpose shall not be violated, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined by the judge, or such other responsible officer as maybe authorized by law, after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched, and the persons or things to be seized.

• The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety and order require otherwise.
• Any evidence obtained in violation of this or the preceding Section shall be inadmissible for any purpose in any proceeding.

Section 5. The liberty of abode and of travel shall not be impaired except upon lawful order of the court, or when necessary in the interest of national security, public safety, or public health.

Section 6. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, shall be afforded the citizen subject to such limitations as may be provided by law.

Section 7. The right to form associations or societies for purposes not contrary to the law shall not be abridged.

Section 8. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.

Section 9. No law shall be passed abridging the freedom of speech, or the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.

Section 10. No law granting a title of royalty or nobility shall be enacted.

Section 11. No law impairing the obligation of contracts shall be passed.

Section 12. No ex post facto law or bill of attainder shall be enacted.

Section 13. No person shall be imprisoned for debt or non-payment of a poll tax.

Section 14. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion, insurrection, or rebellion, or imminent danger thereof, when the public safety requires it.

Section 16. All persons, shall have the right to a speedy disposition of their cases in all judicial, quasi-judicial, or administrative bodies.

Section 17. No person shall be held to answer for a criminal offense without due process of law.

Section 18. All persons, except those charged with capital offenses when evidence of guilt is strong shall, before conviction, be bailable by sufficient sureties. Excessive bail shall not be required.

Section 19. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustified.

Section 20. No person shall be compelled to be a witness against himself. Any person under investigation for the commission of an offense shall have the right to remain silent and to counsel, and to be informed of such right. No force, violence, threat, intimidation, or any other means which vitiates the free will shall be used against him. Any confession obtained in violation of this section shall be inadmissible in evidence.

Section 21. Excessive fines shall not be imposed nor cruel or unusual punishment inflicted.

Section 22. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.

Section 23. Free access to the courts shall not be denied to any person by reason of poverty.

ARTICLE V: DUTIES AND OBLIGATIONS OF CITIZENS

Section 1. It shall be the duty of the citizen to be loyal to the Republic and to honor the Philippine flag, to defend the State and contribute to its development and welfare, to uphold the Constitution and obey the laws, and to cooperate with the duly constituted authorities in the attainment and preservation of a just and orderly society.

Section 2. The rights of the individual impose upon him the correlative duty to exercise them responsibly and with due regard for the rights of others.

Section 3. It shall be the duty of every citizen to engage in gainful work to assure himself and his family a life worthy of human dignity.

Section 4. It shall be the obligation of every citizen qualified to vote to register and cast his vote.

ARTICLE VI: SUFFRAGE

Section 1. Suffrage shall be exercised by citizens of the Philippines not otherwise disqualified by law, who are eighteen years of age or over and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months preceding the election. No literacy, property or other substantive requirement shall be imposed on the exercise of, suffrage. The Batasang Pambansa shall provide a system for the purpose of securing the secrecy and sanctity of the vote.

ARTICLE VII: THE PRESIDENT AND VICE-PRESIDENT

Section 1. The President shall be the head of state and chief executive of the Republic of the Philippines.

Section 2. There shall be a Vice-President who shall have the same qualifications and term of office as the President and may be removed from office in the same manner as the President as provided in Article XIII, Section 2 of this Constitution.

The Vice-President may be appointed as a member of the Cabinet and may be nominated and elected as Prime Minister.

The Vice-President shall be elected with and in the same manner as the President.

The President shall be elected from among the Members of the National Assembly by a majority vote of all its Members for a term of six years from the date he takes his oath of office, which shall not be later than three days after the proclamation of the National Assembly, nor in any case earlier than the expiration of the term of his predecessor. Upon taking his oath of office, the President shall cease to be a Member of the National Assembly and of any political party. He shall be ineligible to hold any other elective office during his term.

Section 3. No person may be elected President unless he is at least fifty years of age at the day of his election as President, and a resident of the Philippines for at least ten years immediately preceding his election. However, if no Member of the National Assembly is qualified or none of those qualified is a candidate for President, any Member thereof may be elected President.

• The President shall have an official residence and shall receive a compensation to be fixed by law, which shall not be increased or decreased during his term of office. He shall not receive during his tenure any other emolument from the government or any other source. Until the National Assembly shall provide otherwise, the President shall receive an annual salary of one hundred thousand pesos.
• The President shall not during his tenure, hold any appointive office, practice any profession, participate directly or indirectly in the management of any business, or be financially interested directly or indirectly in any contract with, or in any franchise or special privilege granted by, the government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations.

Section 5. In case of permanent disability, death, removal from office, or resignation of the President, the Speaker of the National Assembly shall act as President until a successor has been elected for the unexpired portion of the term of the President.

Section 6. The President shall have the following duties and functions:

• Address the National Assembly at the opening of its regular session.
• Proclaim the election of the Prime Minister.
• Dissolve the National Assembly and call for a general election as provided herein.
• Accept the resignation of the Cabinet as provided herein.
• Attest to the appointment or cessation from office of Members of the Cabinet, and of other officers as may be provided by law.
• Appoint all officers and employees in his office in accordance with the Civil Service Law.
• Perform such other duties and functions of State as may be provided by law.

Section 7. The President shall be immune from suit during his tenure.

ARTICLE VIII: THE NATIONAL ASSEMBLY

Section 1. The Legislative power shall be vested in a National Assembly.

Section 2. The National Assembly shall be composed of as many Members as may be provided by law to be appointed among the provinces, representative districts, and cities in accordance with the number of their respective inhabitants and on the basis of a uniform and progressive ratio. Each district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Representative districts or provinces already created or existing at the time of the ratification of this Constitution shall have at least one Member each.

• The Members of the National Assembly shall be elected by the qualified electors in their respective districts for a term of six years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election.
• In case the National Assembly is dissolved, the newly elected Members shall serve the unexpired portion of the term from the time the Prime Minister convenes the Assembly, which shall not be later than thirty days immediately following the elections.

Section 4. No person shall be a Member of the National Assembly unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, a registered voter in the district in which he shall be elected, and a resident thereon for a period of not less than one year immediately preceding the day of the election.

• Unless otherwise provided by law, the regular election of Members of the National Assembly shall be held on the second Monday of May every six years thereafter.
• In case a vacancy arises in the National Assembly one year or more before a regular election, the Commission on Elections shall call a special election to be held within sixty days after the vacancy occurs.

Section 6. The National Assembly shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. It may recess for periods not exceeding thirty days each, and not more than ninety days during the year. However, it may be called to session at any time by the Prime Minister to consider such subjects or legislation as he may designate.

• The National Assembly, shall, by a majority vote of all its Members, elect its Speaker from the Members thereof. It shall choose such other officers as it may deem necessary.

The election of the President and the Prime Minister shall precede all other business following the election of the Speaker.

• A majority of the National Assembly shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as the National Assembly may provide.
• The National Assembly may determine the rules of its proceedings, punish its Members for disorderly behavior, and with concurrence of two-thirds of all its Members, suspend or expel a Member, but if the penalty is suspension, this shall not exceed sixty days.
• The National Assembly shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal.
• Unless otherwise provided by law, each Member of the National Assembly shall receive an annual salary of sixty thousand pesos. The Speaker of the National Assembly shall receive an annual salary of seventy-five thousand pesos. No increase in salary shall take effect until after the expiration of the term of the Members of the National Assembly approving such increase.
• The records and books of accounts of the National Assembly shall be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually the itemized expenditures for each Member.

Section 9. A Member of the National Assembly shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest during his attendance at its sessions, and in going to and returning from the same; but the National Assembly shall surrender the Member involved to the custody of the law within twenty-four hours after its adjournment for a recess or its next session, otherwise such privilege shall cease upon its failure to do so. A Member shall not be questioned or held liable in any other place for any speech or debate in the Assembly or in any committee thereof.

Section 10. A Member of the National Assembly shall not hold any other office or employment in the government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations during his tenure except that of Prime Minister or Member of the Cabinet. Neither shall he be appointed to any civil office which may have been created or the emoluments thereof increased while he was a Member of the National Assembly.

Section 11. No Member of the National Assembly shall appear as counsel before any court inferior to a court with appellate jurisdiction, before any court in any civil case wherein the government, or any subdivision, agency, or instrumentality thereof is the adverse party, or before any administrative body. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by, the government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation, during his term of office. He shall not intervene in any matter before any office of the government for his pecuniary benefit.

Section 12.

• There shall be a question hour at least once a month or as often as the rules of the National Assembly may provide, which shall be included in its agenda, during which the Prime Minister or any Minister may be required to appear and answer questions and interpellations by Members of the National Assembly. Written questions shall be submitted to the Speaker at least three days before a scheduled question hour. Interpellations shall not be limited to the written questions, but may cover matters related thereto. The agenda shall specify the subjects of the question hour. When the security of the State so requires and the Prime Minister so states in writing, the question hour shall be conducted in executive session.
• The National Assembly or any of its committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in such inquiries shall be respected.

Section 13.

• The National Assembly may withdraw its confidence from the Prime Minister only by electing a successor by a majority vote of all its Members. No motion for the election of such successor shall be debated and voted upon until after the lapse of three days from the submittal of such motion.
• The Prime Minister may advise the President in writing to dissolve the National Assembly whenever the need arises for a popular vote of confidence on fundamental issues, but not on a matter involving his own personal integrity. Whereupon, the President shall dissolve the National Assembly not earlier than five days nor later than ten days from his receipt of the advice, and call for an election on a date set by the Prime Minister which shall not be earlier than forty-five days nor later than sixty days from the date of such dissolution. However, no dissolution of the National Assembly shall take place within nine months immediately preceding a regular election or within nine months immediately following any general election.
• In case of dissolution of the National Assembly or the termination of its regular term, the incumbent Prime Minister and the Cabinet shall continue to conduct the affairs of government until the new National Assembly is convoked and a Prime Minister is elected and has qualified.

Section. 14.

• Except as otherwise provided in this Constitution, no treaty shall be valid and effective unless concurred in by a majority of all the Members of the National Assembly.
• The National Assembly, by a vote of two-thirds of all its Members, shall have the sole power to declare the existence of a state of war.

Section 15. In times of war or other national emergency, the National Assembly may by law authorize the Prime Minister, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the National Assembly, such powers shall cease upon its next adjournment.

Section 16.

• The Prime Minister shall submit to the National Assembly within thirty days from the opening of each regular session, as the basis of the general appropriations bill, a budget of receipts based on existing and proposed revenue measures, and of expenditures. The form, content, and manner of preparation of the budget shall be prescribed by law.
• No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.
• The procedure in approving appropriations for the National Assembly shall strictly follow the procedure for approving appropriations for other departments and agencies.
• A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified to by the National Treasurer, or to be raised by a corresponding revenue proposal included therein.
• No law shall be passed authorizing any transfer of appropriations; however, the Prime Minister, the Speaker, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may by law be authorized to augment any item in the general appropriations law for their respective offices from saving in other items of their respective appropriations.
• If, by the end of the fiscal year, the National Assembly shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed re-enacted and shall remain in force and effect until the general appropriations bill is passed by the National Assembly.

Section 17.

• The rule of taxation shall be uniform and equitable. The National Assembly shall evolve a progressive system of taxation.
• The National Assembly may by law authorize the Prime Minister to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts.
• Charitable institutions, churches, personages or convents appurtenant thereto, mosques and non-profit cemeteries, and all lands, buildings and improvements actually, directly, and exclusively used for religious or charitable purposes shall be exempt from taxation.
• No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the National Assembly.

Section 18.

• No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.
• No public money or property shall ever be appropriated, applied, paid, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.

Section 19.

• Every bill shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to the Members three days before its passage, except when the Prime Minister certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.
• No bill except those of local application shall be calendared without the prior recommendation of the Cabinet.

Section 20.

• Every bill passed by the national Assembly shall, before it becomes a law, be presented to the Prime Minister. If he approves the same he shall sign it; otherwise, he shall veto it and return the same with his objections to the National Assembly. The bill may be reconsidered by the National Assembly and, if approved by two-thirds of all its Members, shall become a law. The Prime Minister shall act on every bill passed by the National Assembly within thirty days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it.
• The Prime Minister shall have the power to veto any particular item or items in appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.

ARTICLE IX: THE PRIME MINISTER AND THE CABINET

Section 1. The Executive power shall be exercised by the Prime Minister with the assistance of the Cabinet. The Cabinet, headed by the Prime Minister, shall consist of the heads of ministries as provided by law. The Prime Minister shall be the head of the government.

Section 2. The Prime Minister and the cabinet shall be responsible to the National Assembly for the program of government and shall determine the guidelines of national policy.

Section 3. The Prime Minister shall be elected by a majority of all the Members of the National Assembly from among themselves.

Section 4. The Prime Minister shall appoint the members of the Cabinet who shall be the heads of ministries at least a majority of whom shall come from the National Assembly. Members of the Cabinet may be removed at the discretion of the Prime Minister.

• The Prime Minister shall appoint the Deputy Prime Minister from among the Members of the National Assembly. The Deputy Prime Minister shall head a ministry and shall perform such other functions as may be assigned to him by the Prime Minister.
• The Prime Minister shall also appoint the Deputy Ministers who shall perform such functions as may be assigned to them by law or by the respective heads of ministries.

Section 6. The Prime Ministers and the Members of the Cabinet, on assuming office, shall take the following oath or affirmation :

“I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as (name of position) of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man and consecrate myself to the service of the Nation. So help me God.” (In case of affirmation, the last sentence will be omitted)

Section 7. The salaries and emoluments of the Prime Minister and the Members of the Cabinet shall be fixed by law which shall not be increased or decreased during their tenure of office. Until otherwise provided by law, the Prime Minister shall receive the same salary as that of the President.

Section 8. The Prime Minister and the Members of the cabinet shall be subject to the provisions of sections ten and eleven of Article Eight hereof and may not appear as counsel before any court or administrative body, or participate in the management of any business, or practice any profession.

Section 9. The Prime Minister or any Member of the Cabinet may resign for any cause without vacating his seat in the National Assembly.

Section 10. The Prime Minister shall, at the beginning of each regular session of the National Assembly, and from time to time thereafter, present the program of government and recommend for the consideration of the National Assembly such measures as he may deem necessary and proper.

Section 11. The Prime Minister shall have control of all ministries.

Section 12. The Prime Minister shall be commander-in-chief of all armed forces of the Philippines, and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion, insurrection, or rebellion. In case of invasion, or rebellion, or imminent danger thereof when the public safety requires, it he may suspend the privilege of the writ of habeas corpus, or place the Philippines or any part thereof under martial law.

Section 13. The Prime Minister shall appoint the heads of bureaus and offices, the officers of the armed forces of the Philippines from the rank of brigadier general or commodore, and all other officers of the Government whose appointments are not herein otherwise provided for, and those whom he may be authorized by law to appoint. However, the National Assembly may by law vest in members of the cabinet, courts, heads of agencies, commissions, and boards the power to appoint inferior officers in their respective offices.

Section 14. The Prime Minister may, except in cases of impeachment grant reprieves, commutations, and pardons, remit fines and forfeitures after final conviction, and with the concurrence of the National Assembly, grant amnesty.

Section 15. The Prime Minister may contract and guarantee foreign and domestic loans on behalf of the Republic of the Philippines, subject to such limitations as may be provided by law.

Section 16. All powers vested in the President of the Philippines under nineteen hundred and thirty-five Constitution and the laws of the land which are not herein provided for or conferred upon any official shall be deemed, and are hereby, vested in the Prime Minister, unless the National Assembly provides otherwise.

ARTICLE X: THE JUDICIARY

Section 1. The Judicial power shall be vested in one Supreme Court and in such inferior courts as may be established by law. The Batasang Pambansa shall have the power to define, prescribe and apportion the jurisdiction of the various courts, but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section five thereof.

• The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in two divisions.
• All cases involving the constitutionality of a treaty, executive agreement, or law shall be heard and decided by the Supreme Court en banc, and no treaty, executive agreement, or law may be declared unconstitutional without the concurrence of at least ten Members. All other cases, which under its rules are required to be heard en banc, shall be decided with the concurrence of at least eight Members.
• Cases heard by a division shall be decided with the concurrence of at least five Members, but if such required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the Court in a decision rendered en banc or in a division may be modified or reversed except by the Court sitting en banc.
• No person shall be appointed Member of the Supreme Court unless he is a natural born citizen of the Philippines, at least forty years of age, and has for ten years or more been a judge of a court of record or engaged in the practice of law in the Philippines.
• The Batasang Pambansa shall prescribe the qualifications of judges of inferior courts, but no person may be appointed judge thereof unless he is a natural-born citizen of the Philippines and a member of the Philippine Bar.

Section 4. The Members of the Supreme Court and judges of inferior courts shall be appointed by the President.

Section 5. The Supreme Court shall have the following powers:

• Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
• All cases in which the constitutionality or validity of any treaty, executive agreement, law, ordinance, or executive order or regulation is in question.
• All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.
• All cases in which the jurisdiction of any inferior court is in issue.
• All criminal cases in which the penalty imposed is death or life imprisonment.
• All cases in which only an error or question of law is involved.
• Assign temporarily judges of inferior courts to other stations as public interest may require. Such temporary assignment shall not last longer than six months without the consent of the judge concerned.
• Order a change of venue or place of trial to avoid a miscarriage of justice.
• Promulgate rules concerning pleading, practice, and procedure in all courts, the admission to the practice of law, and the integration of the bar, which, however, may be repealed, altered or supplemented by the Batasang Pambansa. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights.
• Appoint its officials and employees in accordance with the Civil Service Law.

Section 6. The Supreme Court shall have administrative supervision over all courts and the personnel thereof.

Section 7. The Members of the Supreme Court and judges of inferior courts shall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office. The Supreme Court shall have the power to discipline judges of inferior courts and, by a vote of at least eight Members, order their dismissal.

Section 8. The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall be reached in consultation before the case is assigned to a Member for the writing of opinion of the Court. Any Member dissenting from a decision shall state the reasons for his dissent. The same requirement shall be observed by all inferior collegiate courts.

Section 9. Every decision of a court of record shall clearly and distinctly state the facts and the law on which it is based. The Rules of Court shall govern the promulgation of minute resolutions.

Section 10. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges of inferior courts shall be fixed by law, which shall not be decreased during their continuance in office. Until the Batasang Pambansa shall provide otherwise, the Chief Justice shall receive an annual salary of seventy-five thousand pesos, and each Associate Justice, sixty thousand pesos.

Section 11.

• Upon the effectivity of this Constitution, the maximum period within which a case or matter shall be decided or resolved from the date of its submission, shall be eighteen months for the Supreme Court, unless reduced by the Supreme Court, twelve months for all inferior collegiate courts, and three months for all other inferior courts.
• With respect to the Supreme Court and other collegiate appellate courts, when the applicable maximum period shall have lapsed without the rendition of the corresponding decision or resolution, because the necessary vote cannot be had, the judgment, order, or resolution appealed from shall be deemed affirmed except in those cases where a qualified majority is required and in appeals from judgments of conviction in criminal cases, and in original special civil actions and proceedings for habeas corpus, the petition in such cases shall be deemed dismissed, and a certification to this effect signed by the Chief Magistrate of the court shall be issued and a copy thereof attached to the record of the case.

Section 12. The Supreme Court shall, within thirty days from the opening of each regular session of the Batasang Pambansa, submit to the President, the Prime Minister, and the Batasang Pambansa an annual report on the operations and activities of the Judiciary.

ARTICLE XI: LOCAL GOVERNMENT

Section 1. The territorial and political subdivisions of the Philippines are the provinces, cities, municipalities, and barrios.

Section 2. The Batasang Pambansa shall enact a local government code which may not be thereafter amended except by a majority vote of all its Members, defining a more responsive and accountable local government structure with an effective system of recall, allocating among the different local government units their powers, responsibilities, and resources, and providing for the qualifications, election and removal, term, salaries, powers, functions, and duties of local officials, and all other matters relating to the organization and operation of the local units. However, any change in the existing form of local government shall not take effect until ratified by a majority of the votes cast in a plebiscite called for the purpose.

Section 3. No province, city, municipality, or barrio may be created, divided, merged, abolished, or its boundary substantially altered except in accordance with the criteria established in the local government code, and subject to the approval by a majority of the votes cast in a plebiscite in the unit or units affected.

• Provinces with respect to component cities and municipalities with respect to component barrios, shall ensure that the acts of their component units are within the scope of their assigned powers and functions. Highly urbanized cities, as determined by standards established in the local government code shall be independent of the province.
• Local government units may group themselves, or consolidate or coordinate their efforts, services, and resources for purposes commonly beneficial to them.

Section 5. Each local government unit shall have the power to create its own sources of revenue and to levy taxes, subject to limitations as may be provided by law.

ARTICLE XII: THE CONSTITUTIONAL COMMISSIONS

• Common Provisions

Section 1. The Constitutional Commissions shall be the Civil Service Commission, the Commission on Elections, and the Commission on Audit.

Section 2. Unless otherwise provided by law, the Chairman and each Commissioner of a Constitutional Commission shall receive an annual salary of sixty thousand pesos, and fifty thousand pesos, respectively, which shall not be decreased during their continuance in office.

Section 3. No Member of the Constitutional Commission shall, during his tenure in office, engage in the practice of any profession or in the management of any business, or be financially interested directly or indirectly in any contract with, or in any franchise or privilege granted by, the government, or any subdivision, agency, or instrumentality, thereof, including government- owned or controlled corporations.

Section 4. The Constitutional Commissions shall appoint their officials and employees in accordance with the Civil Service Law.

• The Civil Service Commission
• The Civil Service embraces every branch, agency, subdivision, and instrumentality of the government, including every government- owned or controlled corporation. It shall be administered by an independent Civil Service Commission composed of a Chairman and two Commissioners who shall be natural-born citizens of the Philippines, and at the time of their appointment, are at least thirty-five years of age and holders of a college degree, and must not have been candidates for any elective position in the election immediately preceding their appointment. The Chairman and the Commissioners shall be appointed by the Prime Minister for a term of seven years without reappointment. Of the Commissioners first appointed, one shall hold office for seven years, another for five years, and the third for three years. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor.
• The Commissioner shall, subject to such limitations as may be provided by law, established a career service and adopt measures to promote morale, efficiency, and integrity in the Civil Service.

Section 2. Appointments in the Civil Service, except as to those which are policy-determining, primarily confidential, or highly technical in nature, shall be made only according to merit and fitness, to be determined as far as practicable by competitive examination.

Section 3. No officer or employee in the Civil Service shall be suspended or dismissed except for cause provided by law.

• No elective official shall be eligible for appointment to any office or position during his term of office.
• No candidate who lost an election shall be eligible for appointment or reappointment to any office in the government, or in any government-owned or controlled corporation, within one year following such election.

Section 5. No officer or employee in the Civil Service, including members of the armed forces, shall engage directly or indirectly in any partisan political activity or take part in any election, except to vote.

Section 6. The National Assembly shall provide for the standardization of compensation of government officials and employees, including those in government-owned and controlled corporations, taking into account the nature of the responsibilities pertaining to, and the qualifications required for, the positions concerned.

• The Commission on Elections
• There shall be an independent Commission on Elections composed of a Chairman and eight Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age and holders of college degree. However, a majority thereof, including the Chairman, shall be Members of the Philippine Bar who have been engaged in the practice of law for at least ten years.
• The Chairman and the Commissioners shall be appointed by the Prime Minister for a term of seven years without reappointment. Of the Commissioners first appointed, three shall hold office for seven years, three for five years, and the last three for three years. Appointments to any vacancy shall be only for the unexpired portion of the term of the predecessor.

Section 2. The Commission on Elections shall have the following powers and functions:

• Enforce and administer all laws relative to the conduct of elections.
• Be the sole judge of all contests relating to the elections, returns, and qualifications of all Members of the National Assembly and elective provincial and city officials. provincial and city officials.
• Decide, save those involving the right to vote, administrative questions affecting elections, including the determination of the number and location of polling places, the appointment of election officials and inspectors, and the registration of voters.
• Deputize, with the consent or at the instance of the Prime Minister, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the purpose of ensuring free, orderly, and honest elections.
• Register and accredit political parties subject to the provisions of Section Eight hereof.
• Recommend to the National Assembly effective measures to minimize election expenses and prohibit all forms of election frauds and malpractices, political opportunism, guest or nuisance candidacy, or other similar acts.
• Submit to the President, Prime Minister, and the National Assembly a report on the conduct and manner of each election.
• Perform such other functions as may be provided by law.

Section 3. The Commission on Elections may sit en banc or in three divisions. All election cases may be heard and decided by divisions, except contests involving Members of the National Assembly, which shall be heard and decided en banc. Unless otherwise provided by law, all election cases shall be decided within ninety days from the date of their submission for decision.

Section 4. The Commission may recommend to the Prime Minister the removal of, or any other disciplinary action against, any officer or employee it has deputized, for violation or disregard of, or disobedience to its decision, order, or directive.

Section 5. The enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication, all grants, special privileges, or concessions granted by the government, or any subdivision, agency or instrumentality thereof, including any government-owned or controlled corporation, may be supervised or regulated by the Commission during the election period for the purpose of ensuring free, orderly, and honest elections.

Section 6. Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of election and shall end thirty days thereafter.

Section 7. No pardon, parole, or suspension of sentence for violation of the law or rules and regulations concerning elections be granted without the recommendation of the Commission.

Section 8. A political party shall be entitled to accreditation by the Commission if, in the immediately preceding election, such party has obtained at least the third highest number of votes cast in the constituency to which it seeks accreditation. No religious sect shall be registered as a political party and no political party which seeks to achieve its goals through violence or subversion shall be entitled to accreditation.

• Bona fide candidates for any public office shall be free from any form of harassment and discrimination.
• No party or candidate shall have membership in the registration board, board of election inspectors, board of canvassers, or other similar bodies.

Section 10. No elective public officer may change his political party affiliation during his term of office and no candidate for any elective public office may change his political party affiliation within six months immediately preceding or following an election.

Section 11. Any decision, order, or ruling of the Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from his receipt of a copy thereof.

• Commission on Audit
• There shall be an independent Commission on Audit composed of a Chairman and two Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least forty years of age and certified public accountants or members of the Philippine Bar for at least ten years.
• The Chairman and the Commissioners shall be appointed by the Prime Minister for a term of seven years without reappointment. Of the Commissioners first appointed, one shall hold office for seven years, another for five years, and the third for three years. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor.

Section 2. The Commission on Audit shall have the following powers and functions:

• Examine, audit, and settle, in accordance with law and regulations, all accounts pertaining to the revenues and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions, agencies, or instrumentalities, including government-owned and controlled corporations; keep the general accounts of the government and, for such period as may be provided by law, preserve the vouchers pertaining thereto; and promulgate accounting and auditing rules and regulations including those for the prevention of irregular, unnecessary, excessive, or extravagant expenditures or use of funds and property.
• Decide any case brought before it within sixty days from the date of its submission for resolution. Unless otherwise provided by law, any decision, order, or ruling of the Commission may be brought to the Supreme Court on certiorari by the aggrieved party within days from his receipt of a copy thereof.
• Submit to the President, the Prime Minister, and the National Assembly, within the time fixed by law, an annual financial report of the government, its subdivisions, agencies, and instrumentalities, including government-owned and controlled corporations, and recommend measures necessary to improve their efficiency and effectiveness. It shall submit such other reports as may be required by law.
• Perform such other duties and functions as may be prescribed by law.

ARTICLE XIII: ACCOUNTABILITY OF PUBLIC OFFICERS

Section 1. Public office is a public trust. Public officers and employees shall serve with the highest degree of responsibility, integrity, loyalty, and efficiency, and shall remain accountable to the people.

Section 2. The President, the Justices of the Supreme Court, and the Members of the Constitutional Commissions shall be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, other high crimes, or graft and corruption.

Section 3. The National Assembly shall have the exclusive power to initiate, try, decide all cases of impeachment. Upon the filing of a verified complaint, the National Assembly may initiate impeachment by a vote of at least one-fifth of all its Members. No official shall be convicted without the concurrence of at least two-thirds of all the members thereof. When the National Assembly sits in impeachment cases, its Members shall be on oath or affirmation.

Section 4. Judgment in cases of impeachment shall be limited to removal from office and disqualification to hold any office of honor, trust, or profit under the Republic of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment, in accordance with law.

Section 5. The National Assembly shall create a special court, to be known as Sandiganbayan, which shall have jurisdiction over criminal and civil cases involving graft and corrupt practices and such other offenses committed by public officers and employees, including those in government-owned or controlled corporations, in relation to their office as may be determined by law.

Section 6. The National Assembly shall create an office of the Ombudsman, to be known as Tanodbayan, which shall receive and investigate complaints relative to public office, including those in government-owned or controlled corporations, make appropriate recommendations, and in case of failure of justice as defined by law, file and prosecute the corresponding criminal, civil, or administrative case before the proper court or body.

ARTICLE XIV: THE NATIONAL ECONOMY AND THE PATRIMONY OF THE NATION

Section 1. The National Assembly shall establish a National Economic and Development Authority, to be headed by the Prime Minister, which shall recommend to the National Assembly, after consultation with the private sector, local government units, and other appropriate public agencies, continuing, coordinated, and fully integrated social and economic plans and programs.

Section 2. The State shall regulate or prohibit private monopolies when the public interest so requires. No combinations in restraint of trade or unfair competition shall be allowed.

Section 3. The National Assembly shall, upon recommendation of the National Economic and Development Authority, reserve to citizens of the Philippines or to corporations or associations wholly owned by such citizens, certain traditional areas of investments when the national interest so dictates.

Section 4. The National Assembly shall not, except by general law, provide for the formation, organization, or regulation of private corporations, unless such corporations are owned or controlled by the government or any subdivision or instrumentality thereof.

Section 5. No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines at least sixty per centum of the capital of which is owned by such citizens, nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period then fifty years. Neither shall any such franchise or right be granted except under the condition that it shall be subject to amendment, alteration, or repeal by the National Assembly when the public interest so requires. The State shall encourage equity participation in public utilities by the general public. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in the capital thereof.

Section 6. The State may, in the interest of the national welfare or defense, establish and operate industries and means of transportation and communication, and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the government.

Section 7. In times of national emergency when the public interest so requires, the State may temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.

Section 8. All lands of public domain, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy, fisheries, wildlife, and other natural resources of the Philippines belong to the State. With the exception of agricultural, industrial or commercial, residential, or resettlement lands of the public domain, natural resources shall not be alienated, and no license, concession, or lease for the exploration, or utilization of any of the natural resources shall be granted for a period exceeding twenty-five years, except as to water rights for irrigation, water supply, fisheries, or industrial uses other than development of water power, in which cases, beneficial use may by the measure and the limit of the grant.

Section 9. The disposition, exploration, development, exploitation, or utilization of any of the natural resources of the Philippines shall be limited to citizens of the Philippines, or to corporations or associations at least sixty per centum of the capital which is owned by such citizens. The National Assembly, in the national interest, may allow such citizens, corporations or associations to enter into service contracts for financial, technical, management, or other forms of assistance with any foreign person or entity for the exploration, or utilization of any of the natural resources. Existing valid and binding service contracts for financial, technical, management, or other forms of assistance are hereby recognized as such.

Section 10. Lands of the public domain are classified into agricultural, industrial, or commercial, residential, resettlement, mineral, timber or forest, and grazing lands, and such other classes as may be provided by law.

Section 11. The National Assembly taking into account conservation, ecological, and developmental requirements of the natural resources shall determine by law the size of lands of the public domain which may be developed, held or acquired by, or leased to, any qualified individual, corporation or association, and the conditions therefor. No private corporation or association may hold alienable lands of the public domain except by lease not to exceed one thousand hectares in area; nor may any citizen hold such lands by lease in excess of five hundred hectares or acquire by purchase or homestead in excess of twenty-four hectares. No private corporation or association may hold by lease, concession, license, or permit timber or forest lands and other timber or forest resources in excess of one hundred thousand hectares; however, such area may be increased by the National Assembly upon recommendation of the National Economic and Development Authority.

Section 12. The State shall formulate and implement an agrarian reform program aimed at emancipating the tenant from the bondage of the soil and achieving the goals enunciated in this Constitution.

Section 13. The National Assembly may authorize, upon payment of just compensation, the expropriation of public lands to be subdivided into small lots and conveyed at cost to deserving citizens.

Section 14. Save in cases of hereditary succession, no private land shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.

Section 15. Any provision of paragraph one, Section 14, Article VIII and of this Article notwithstanding, the Prime Minister may enter into international treaties or agreement as the national welfare and interest may require.

ARTICLE XV: GENERAL PROVISIONS

Section 1. The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law.

Section 2. The Interim National Assembly may by law adopt a new name for the country, a national anthem, and a national seal, which shall all be truly reflective and symbolic of ideas, history, and traditions of the people. Thereafter the national name, anthem, and seal so adopted shall not be subject to change except by constitutional amendment.

• This Constitution shall be officially promulgated in English and in Pilipino, and translated into each dialect spoken by over fifty thousand people, and into Spanish and Arabic. In case of conflict, the English text shall prevail.
• The National Assembly shall take steps towards the development and formal adoption of a common national language to be known as Filipino.
• Until otherwise provided by law, English and Pilipino shall be the official languages.

Section 4. All public officers and employees and members of the armed forces shall take an oath to support and defend the Constitution.

Section 5. No elective or appointive public officer or employee shall receive additional or double compensation unless specifically authorized by law, nor accept, without the consent of the National Assembly, any present, emolument, office or title of any kind from any foreign state.

Section 6. No salary or any form of emolument of any public officer or employee, including constitutional officers, shall be exempt from payment of income tax.

• The ownership and management of mass media shall be limited to citizens of the Philippines or corporations or associations wholly owned and managed by such citizens.
• The governing body of every entity engaged in commercial telecommunications shall i all cases be controlled by citizens of the Philippines.
• All educational institutions shall be under the supervision of and subject to regulation by the State. The State shall establish and maintain a complete, adequate, and integrated system of education relevant to goals of national development.
• All institutions of higher learning shall enjoy academic freedom.
• The study of the Constitution shall be part of the curricula in all schools.
• All educational institutions shall aim to inculcate love of country, teach the duties of citizenship, and develop moral character, personal discipline, and scientific, technological, and vocational efficiency.
• The State shall maintain a system of free public elementary education and, in areas where finances permit, establish and maintain a system of free public education at least up to the secondary level.
• The State shall provide citizenship and vocational training to adult citizens and out-of-school youth, and create and maintain scholarships for poor and deserving students.
• Educational institutions, other than those established by religious orders, mission boards, and charitable organizations, shall be owned solely by citizens of the Philippines, or corporations or associations sixty per centum of the capita;l of which is owned by such citizens. The control and administration of educational institutions shall be vested in citizens of the Philippines. No education institution shall be established exclusively for aliens, and no group of aliens shall comprise more than one-third of the enrollment of any school. The provisions of this subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary resident.
• At the option expressed in writing by the parents or guardians, and without cost to them and the government, religion shall be taught to their children or wards in public elementary and high schools as may be provided by law.
• The State shall promote scientific research and invention. The advancement of science and technology shall have priority in the national development.
• Filipino culture shall be preserved and developed for national identity. Arts and letters shall be under the patronage of the State.
• The exclusive right to inventions, writings, and artistic creations shall be secured to investors, authors and artists for a limited period. Scholarships, grants-in-aid, or other forms of incentives shall be provided for specially gifted children.

Section 10. It shall be the responsibility of the State to achieve and maintain population levels most conducive to the national welfare.

Section 11. The State shall consider the customs, traditions, beliefs, and interests of national cultural communities in the formulation and implementation of State policies.

Section 12. The State shall establish and maintain an integrated national police force whose organization, administration, and operation, shall be provided by law.

• The armed forces of the Philippines shall include a citizen army composed of all able-bodied citizens of the Philippines who shall undergo military training as may be provided by law. It shall keep a regular force necessary for the security of the State.
• The citizen army shall have a corps of trained officers and men in active duty status as may be necessary to train, service, and keep it in reasonable preparedness at all times.

Section 14. The National Assembly shall establish a central monetary authority which shall provide policy direction in the areas of money, banking, and credit to achieve national economic objectives. It shall have supervisory authority over the operation of banks and exercise such regulatory authority as may be provided by law over the operations of finance companies and other institutions performing similar functions. Until the National Assembly shall otherwise provide, the Central Bank of the Philippines, operating under existing laws, shall function as the central monetary authority.

Section 15. The separation of the church and the State shall be inviolable.

Section 16. The State may not be sued without its consent.

ARTICLE XVI: AMENDMENTS

• Any amendment to, or revision of, this Constitution may be proposed by the National Assembly upon a vote of three-fourths of all its Members, or by a constitutional convention.
• The National Assembly may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit the question of calling such a convention to the electorate in an election.

Section 2. Any amendment to or revision of this Constitution shall be valid when ratified by a majority of the votes cast in the plebiscite which shall be held not later than three months after the approval of such amendment or revision.

ARTICLE XVII: TRANSITORY PROVISIONS

Section 1. There shall be an Interim National Assembly which shall exist immediately upon the ratification of this Constitution and shall continue until the Members of the regular National Assembly shall have been elected and shall have assumed office following an election called for the purpose by the Interim National Assembly. Except as otherwise provided in this Constitution, the Interim National Assembly shall have the same powers and its Members shall have the same functions, responsibilities, rights, privileges, and disqualifications as the regular National Assembly and the Members thereof.

Section 2. The Members of the Interim National Assembly shall be the incumbent President and Vice-President of the Philippines, those who served as President of the nineteen hundred and seventy-one Constitutional Convention, those Members of the Senate and the House of Representatives who shall express in writing to the Commission on Elections within thirty days after the ratification of this Constitution their option to serve therein, and those Delegates to the nineteen hundred and seventy-one Constitutional Convention who have opted to serve therein by voting affirmatively for this Article. They may take their oath of office before any officer authorized to administer oaths and who qualify thereto, after the ratification of this Constitution.

• The incumbent President of the Philippines shall initially convene the Interim National Assembly and shall preside over its sessions until the interim Speaker shall have been elected. He shall continue to exercise his powers and prerogatives under the nineteen hundred and thirty-five Constitution and the powers vested in the President and the Prime Minister under this Constitution until he calls upon the Interim National Assembly to elect the interim President and interim Prime Minister who shall then exercise their respective powers vested by this Constitution.
• All proclamations, orders, decrees, instructions, and acts promulgated, issued, or done by the incumbent President shall be part of the law of the land, and shall remain valid, legal, binding, and effective even after the lifting of the Martial Law or the ratification of this Constitution unless modified, revoked, or superseded by subsequent proclamations, orders, decrees, instructions, or unless expressly or implicitly modified or repealed by the regular National Assembly.

Section 4. The interim Prime Minister and his Cabinet shall exercise all the powers and functions, and discharge the responsibilities of the regular Prime Minister and his Cabinet, and shall be subject to the same disqualifications provided in this Constitution.

Section 5. The Interim National Assembly shall give priority to measures for the orderly transition from the Presidential to the Parliamentary system, the reorganization of the government, the eradication of graft and corruption, programs for the effective maintenance of peace and order, the implementation of declared agrarian reforms, the standardization of compensation of government employees, and such other measures as shall bridge the gap between the rich and the poor.

Section 6. The Interim National Assembly shall reapportion the Assembly seats in accordance with Article Eight, Section two, of this Constitution.

Section 7. All existing laws not inconsistent with this Constitution shall remain operative until amended, modified, or repealed by the National Assembly.

Section 8. All courts existing at the time of the ratification of this Constitution shall continue and exercise their jurisdiction, until otherwise provided by law in accordance with this Constitution, and all cases pending in said courts shall be held, tried, and determined under the laws then in force. The provisions of the existing Rules of Court not inconsistent with this Constitution shall remain operative unless amended, modified, or repealed by the Supreme Court or the National Assembly.

Section 9. All officials and employees in the existing government of the Republic of the Philippines shall continue in office until otherwise provided by law or decreed by the incumbent President of the Philippines, but all officials whose appointments are by this Constitution vested in the Prime Minister shall vacate their respective offices upon the appointment and qualification of their successors.

Section 10. The incumbent Members of the Judiciary may continue in office until they reach the age of seventy years, unless sooner replaced in accordance with the preceding section hereof.

Section 11. The rights and privileges granted to citizens of the United States or to corporations or associations owned or controlled by such citizens under the ordinance appended to the nineteen hundred and thirty-five Constitution shall automatically terminate on the third day of July, nineteen hundred and seventy-four. Titles to private lands acquired by such persons before such date shall be valid as against other private persons only.

Section 12. All treaties, executive agreements, and contracts entered into by the government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations are hereby recognized as legal, valid and binding. When the national interest so requires, the incumbent President of the Republic or the interim Prime Minister may review all contracts, concessions, permits, or other forms of privileges for the exploration, exploitation, development, or utilization of natural resources entered into, granted, issued, or acquired before the ratification of this Constitution.

Section 13. Any public officer or employee separated from the service as a result of the reorganization effected under this Constitution shall, if entitled under the laws then in force, receive the retirement and other benefits accruing thereunder.

Section 14. All records, equipment, buildings, facilities, and other properties of any office or body abolished or reorganized under this Constitution shall be transferred to the office or body to which its powers, functions, and responsibilities substantially pertain.

Section 15. The Interim National Assembly, upon special call by the interim Prime Minister may, by a majority vote of all its Members propose amendments to this Constitution. Such amendment shall take effect when ratified in accordance with Article Sixteen hereof.

Section 16. This Constitution shall take effect immediately upon its ratification by a majority of the votes cast in a plebiscite called for the purpose and, except as herein provided, shall supersede the Constitution of nineteen hundred and thirty-five and all amendments thereto.

Source: The Philippine Constitution

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1973 Constitution

Full Text of Constitution of Pakistan in Acrobat (pdf) format.

Commemorative stamp issued on the proclamation of the 1973 Constitution

Shaheed Zulfikar Ali Bhutto’s first achievement after coming into power was the preparation of a Constitution for the country. The most prominent characteristic of this Constitution was that it accommodated proposals from the opposition parties and hence almost all the major political parties of the country accepted it. The National Assembly approved the 1973 Constitution on April 10, 1973, and it came into effect on August 14. Shaheed Zulfikar Ali Bhutto took over as the Prime Minister of Pakistan from this date and Fazal Ilahi Chaudhry was appointed as the President of Pakistan.

The Constitution of 1973 opens with a Preamble. This is the preliminary part of the Constitution in which broad features of the Constitution have been explained. The first Article of the Constitution declares Pakistan as a Federal Republic to be known as the Islamic Republic of Pakistan. Islam was declared as the State religion of Pakistan. Pakistan was to be a Federation of four federating Units, Punjab, Sindh, N. W. F. P. and Baluchistan.

The Constitution was parliamentary in nature. Article 41 of the Constitution lay down that the President was to be the Head of the State. The President was to be a Muslim above 45 years of age and was to be elected by a joint sitting of members of the Parliament for 5 years. He could be re-elected but could not hold office for more than two terms. The President was to act on the advice of the Prime Minister of Pakistan. The President could be removed on the grounds of physical or mental incapacity or impeached on charges of violating the Constitution or gross misconduct. The President was authorized to appoint the Attorney General, Judges of Supreme Court and High Courts, and the Chief Election Commissioners. In the Provincial Government, each province was to have a Governor appointed by the President. The appointment of Federal Ministers and Ministers of the State from amongst the members of the Parliament was at the Prime Minister’s disposal.

The 1973 Constitution set up a bicameral legislature at the Center consisting of two Houses, the National Assembly and the Senate. The National Assembly consisted of 200 seats elected directly for duration of five years. The President on the advice of the Prime Minister could dissolve the National Assembly. The Senate was to consist of 63 members; each province was to elect 14 members. In the Provincial Government, each province will have a Governor appointed by the President. The Provincial Assembly for each province consisted of 240 seats for the Punjab, 100 seats for Sindh, 80 seats for N. W. F. P., and 40 seats for Baluchistan.

The 1973 Constitution provided a free and independent Judiciary. The Constitution guaranteed a right to the citizens; to be protected by law, and imposed two duties on them, loyalty to the Republic and obedience to the law. Any person who was found to abrogate or attempt or conspire to abrogate or subvert the Constitution was to be treated guilty of high treason. The Constitution conferred several kinds of fundamental rights to the people such as the right to life, liberty, equality and freedom of speech, trade and association. The Constitution also declared the laws inconsistent with or in derogatory to fundamental rights as null and void.

In light of the previous experience, the Constitution of 1973 was more Islamic in character than the previous ones. Emphasis was made to establish a real Islamic system in all aspects of social life. Keeping this objective in mind, more Islamic provisions were laid down in the Constitution of 1973. The Constitution recognized Islam as the religion of the country and enjoined upon the State to serve the cause of Islam and to bring all existing laws in conformity with Islam. The Islamic Advisory Council was set up to recommend ways and means to bring existing laws of the country in conformity with the Islamic principles.

The Constitution of 1973 remained in force for nearly four years. It was, however, suspended by General Muhammad Zia-ul-Haq, who imposed Martial Law in the country on July 5, 1979. However, General Muhammad Zia-ul-Haq who ran the country with Martial Law passed the Eighth Amendment in the Constitution in 1985. This Amendment empowered the President to dissolve the National Assembly under Article 58(2) b. This Article was later repealed by the Parliament during Nawaz Sharif’s era through Thirteenth Amendment introduced on April 1, 1997. The Thirteenth Amendment was in turn repealed by the Legal Framework Order of 2002, which effectively restored the discretionary powers of the President enacted by the Eighth Amendment.

1973 Constitution…

On 7th April, 1972 the national assembly of Pakistan appointed a committee to prepare a draft of the permanent constitution of Pakistan. A bill to provide a constitution was introduced by the committee in the Assembly on February2, 1973. The Assembly passed the bill on 10th April, 1973 and at last the constitution came into force on 14th August 1973.

The present constitution (1973) provides for the protection and preservation of Islamic Concept of life. It also attempts to propagate and implement the basic teachings of Islam.

Islamic Provisions of 1973 Constitution

The following are the Islamic provisions of 1973 constitution based on the principles of Holy Qur’an and Sunnah.

Official Name

Pakistan shall be known as “Islamic Republic of Pakistan.”

State Religion

Islam shall be the state religion of Pakistan.

Sovereignty Belongs to Allah

Sovereignty over the entire Universe belongs to Almighty Allah and the authority bestowed by him on men is a sacred trust which the people of Pakistan will exercise with the limits prescribed by Qur’an and Sunnah.

Definition of a Muslim

The constitution also gives the definition of a Muslim. A person who believes in Tauheed or Oneness of Allah, and in the prophet hood of Hazrat Mohammad (P.B.U.H) as the last prophet of Allah has described as a Muslim.

A Muslim to be a President and Prime Minister

The constitution laid down that only Muslims shall be elected President and Prime Minister of Pakistan. Non non-Muslim could hold these offices.

Islamic Way of life

Steps shall be given to enable the Muslims of Pakistan to order their lives in accordance with the fundamental principles and basic concepts of Islam.

Promotion of Social Justice and Eradication of Social Evils

The state shall take necessary steps for prosecution of social justice and eradication of social evils and shall prevent prostitution, gambling and taking of injurious drugs, printing, publication, circulation and display of obscene literature and advertisements.

Teachings of Holy Qur’an

The state shall try to make the teachings of Holy Qur’an and Islamic Studies compulsory to encourage and facilitate the learning of Arabic language.

Strengthen Bond with Muslim World

The state shall endeavor to strengthen fraternal relations among Muslim countries in order to promote Islamic unity.

Council of Islamic Ideology

There is a council of Islamic ideology which shall guide the government in respect of Islamic teachings, their implementation and propagation. Its chairman and members are appointed by President. Although its advice is not binding on the government yet it is not easy for any government to ignore or over rule its suggestion or opinion regarding any law.

Error Free Publication of Quran

The government shall endeavor to secure correct and exact printing and publishing of the Holy Qur’an.

Oath to Project and Promote Islamic Ideology

The Federal and Provincial Ministers, the Speaker and Deputy Speaker of the National and Provincial Assemblies, the Chairman of the Senate and the Governors and Chief Ministers of the Provinces also take oath to preserve and protect the Islamic Ideology.

AMENDMENTS TO THE CONSTITUTION

First Amendment:

CONSTITUTION (FIRST AMENDMENT) ACT, 1974

An Act to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 8th May 1974]

The following Act of Parliament received the assent of the President on the 4th May 1974 and is hereby published for general information.

Whereas it is expedient to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing .

It is hereby enacted as follows:-

• Short title and commencement

(1) This act may be called the Constitution (First Amendment ) Act ,1974.

(2) It shall come into force at once.

• Amendment of Article 1 of the Constitution.

In the Constitution of the Islamic Republic Of Pakistan hereinafter referred to as the Constitution, in Article 1, for clauses (2), (3) and (4) the following shall be substituted, namely – (2) the territories of Pakistan shall comprise –

(a) the Province of Baluchistan, the North-West Frontier, the Punjab and Sind ;

(b) the Islamabad Capital Territory, hereinafter referred to as the Federal Capital ;

(c) the Federally Administered Tribal Areas; and

(d) such States and territories as are or may be included in Pakistan. whether by accession or otherwise.

(3) Parliament may by law admit into the Federation new States or areas on such terms and conditions as it thinks fit.’’

• Amendment of Article 8 of the Constitution.

In the Constitution, in Article 8, in clause(3) in paragraph (b), after the word “day” at the end , the words “or as amended by any of the laws specified in that schedule” shall be added.

• Amendment of Article 17 of the Constitution. In the Constitution, in Article 17, for clause (2), the following shall be substituted, namely – “(2) Every citizen, not being in the service of Pakistan, shall have the right to from or be member of a Political Party , subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declare that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan , the Federal Government shell , within fifteen days of such declaration , refer the matter to the Supreme Court whose decision on such reference shall be final.

(3) Every Political Party shall account for the source of its funds in accordance with law.”

• Amendment of Article 61 of the Constitution.

In the Constitution, in Article 61, after the words “Deputy Chairman” at the end, the words, commas, brackets and figures “ and as if , in the proviso to the said clause (2) of Article 54 for the words ‘ one hundred and thirty ‘ the words ‘ninety’ were substituted ” shall be added.

• Amendment of Article 101 of The Constitution. In the constitution, in Article 101, in clause(3), after the word “ President” at the end, the words and comma “and’ shall be entitled to such salary, allowances and privileges as the President may determine” shall be added.
• Amendment of Article 127 of the Constitution. In the constitution, in Article 127, – (a) in paragraph (e), the word “and” at the end shall be omitted;

(b) in paragraph (f), for the full-stop at the end the semi-colon and word “;and” shall be substituted; and

(c) after paragraph (f) amendment as aforesaid, the following new paragraph shall be added, namely:-

“(g) the said clause (2) of Article 54 shall have effect as if, in the proviso thereto, for the words “one hundred and thirty” the word “seventy” were substituted”.

• Amendment of Article 193 of the Constitution. In the Constitution, in Article 193, in clause (2), after paragraph (c) the following Explanation shall be added, namely – “ Explanation. In computing the period during which a person has been an advocate of a High court or held judicial office, there shall be included any period during which he has held judicial office after he became an advocate or, as the case may be, the period during which he has been an advocate after having held judicial office”.
• Amendment of Article 199 of the Constitution.

In the constitution , in Article 199 , for clause (3), the following shall be substituted, namely – (3) An order shall not be made under clause (1) on application made by or in relation to a person who is a member of the Armed Forces of Pakistan , or who is for the time being subject to any law relating to any of those Forces, in respect of his terms and conditions of service, in respect of any matter arising out of his service, or in respect of any action taken in relation to him as a member of the Armed Forces of Pakistan or as a person subject to such law”.

• Amendment of Article 200 of the Constitution.

In the Constitution, in Article 200, after clause (2), the following new clause shall be added, namely – “ If any time it is necessary for any reason to increase temporarily the number of Judges of a High Court, the Chief Justice of that High Court may require a Judge of any other High Court to attend sittings of the former High Court for such period as may be necessary and, while so attending the sittings of the High Court, the Judge shall have the same power and Jurisdiction as a Judge of that High Court.

Provided that a Judge shall not be so required except with his consent and the approval of the President and after consolation with the Chief Justice of Pakistan and the Chief Justice of the High Court of which he is a Judge”.

• Amendment of Article 209 of the Constitution.

In the constitution, in Article 209, in clause (2), in the Explanation, after words “ Chief Justice “, the words “otherwise than as acting Chief Justice” shall be inserted.

• Amendment of Article 212 of the Constitution.

In the Constitution in article 212 – (a) in clause (1),

(i) For the word “establish” the words “provide for establishment of” shall be substituted and shall be deemed always to have been so substituted; and.

(ii) in paragraph (a) after the word ‘persons’, the words “who are or have been’’ shall be inserted and shall be deemed always to have been so inserted; and.

(b) in clause (2) after the words ‘‘Tribunal extends’’, the following words shall be inserted and shall be deemed always to have been so inserted, namely:- “and all proceedings in respects of any such matter which may be pending before such other Court immediately before the establishment of the Administrative Court or tribunal shall abate on such establishment.”

• Amendment of Article 250 of the Constitution.

In the Constitution, in Article 250, in clauses (1) and (2), the words and comma “ a governor ,”, wherever occurring., shall be omitted.

• Amendment of Article 259 of the Constitution. In the constitution, in Article 259, – (a) in clauses (2), after the word “ gallantry”, the comma and words “ meritorious service in the Armed Forces” shall be inserted; and

(b) in clause (3) after the word “ gallantry” , the comma and words “ meritorious services in the Armed Forces” shall be inserted and shall be deemed always to have been so inserted.

• Amendment of Article 260 of the Constitution.

In the Constitution, in Article 260, in clause (1), – (a) after the definition of the “Chairman” , the following new definition shall be inserted, namely – “Chief Justice”, in relation to the Supreme Court or a High Court, includes the Judge for the time being acting as Chief justice of the Court ;“ and

(b) In the definition of “service of Pakistan” , after the words “Provincial Minister” , the commas and words “ , Attorney-General, Parliamentary Secretary“ shall be inserted.

• Amendment of Article 272 of the Constitution.

In the Constitution, in Article 272, in the marginal heading , after the word “First” the words “constitution of “ shall be inserted.

• Amendment of First Schedule to the Constitution.

In the Constitution, in the First Schedule for Part IV the following shall be substituted, namely – “ IV. FEDERAL ACTS

1- The Censorship of Films Act, 1963 ( XVII of 1963)

2- The Land Reforms ( Amendment) Act, 1974.”

Second Amendment:

CONSTITUTION ( SECOND AMENDMENT) ACT, 1974

An Act to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 21st September, 1974]

The following Act of Parliament received the assent of the President on 17th September,1974, and is hereby published for general information:-

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing ;

1- Short title and commencement.

(1) This Act may be called the CONSTITUTION ( SECOND AMENDMENT) ACT, 1974

2- Amendment of Article 106 of the Constitution.

In the Constitution of Islamic Republic of Pakistan, hereinafter referred to as the Constitution in Article 106, in clause (3) after the words “communities” the words and brackets “ and persons of Quadiani group or the Lahori group (who call themselves ‘Ahmadis’ ) shall be inserted.

3- Amendment of Article 260 of the Constitution.

In the Constitution, in Article 260, after clause (2) the following new clause shall be added, namely —

(3) A person who does not believe in the absolute and unqualified finality of The Prophet hood of MUHAMMAD (Peace be upon him), the last of the Prophets or claims to be a Prophet, in any sense of the word or of any description whatsoever , after MUHAMMAD ( Peace be upon him), or recognizes such a claimant as a Prophet or religious reformer, is not a Muslim for the purposes of the Constitution or law’’

Third Amendment:

CONSTITUTION (THIRD AMENDMENT) ACT, 1975

An Act further to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 18th February, 1975]

The following Act of Parliament received the assent of the President on the 13th February, 1975, and is hereby published for general information :-

Whereas it expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing ;

It is enacted as follows :-

• Short title and commencement.

(1) This Act may be called Constitution (Third Amendment) Act, 1975.

• Amendment of Article 106 of the Constitution.

In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution in Article 10,- (a) In clause (4), for the words “one month” twice occurring the words “three months” shall be substituted;

(b) In clause (5) for the words and comma “as soon as may be, but not later than one week ”the words “within fifteen days” shall be substituted; and

(c) In clause (7), in the proviso; after the word “ enemy “ ,the commas and words “, or who is acting or attempting to act in a manner prejudicial to the integrity, security of defense of Pakistan or any part thereof or who commits or attempt to commit any act which amounts to an anti-national activity as defined in a Federal Law or is a member of any association which has for its object, or which indulges him, any such anti-national activity ” shall be added.

3 Amendment of Article 232 of the Constitution.

In the Constitution, in Article 232, in clause (7), for paragraph (b) the following new clause shall be substituted, namely – “ (b) shall, subject to the provisions of paragraph (a) cease to be in force upon a resolution disapproving the proclamation being passed by the votes of the majority of the total membership of the two Houses in joint sitting.”

Fourth Amendment:

CONSTITUTION (FOURTH AMENDMENT) ACT, 1975

An Act to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 25th November, 1975]Received the assent of the President on 2lst November,1975 further to amend the Constitution of the Islamic Republic of Pakistan.

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing,

It is hereby enacted as follows :- 1. Short title and commencement.

(1) This Act may be called the Constitution (Fourth Amendment) Act 1975.

In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 8, – (a) in clause (3), for paragraph (b) the following shall be substituted, namely

“(b) any of the – (i) laws specified in the First Schedule as in force immediately before the commencing day or as amended by any of the laws specified in that schedule;

(ii) other laws specified in Part I of the First Schedule,”(c)(sic) in clause (4), for the words and commas “the First Schedule, not being a law which relates to, or is connected with, economic reforms,” the words and figure “Part II of the First Schedule” shall be substituted.

• Amendment of Article 17 of the Constitution.

In the Constitution, in Article 17, in clause (1), for the words “morality or public order” the words “sovereignty or integrity of Pakistan, public order or morality” shall be substituted.

• Amendment of Article 19 of the Constitution.

In the Constitution, in Article 19, for the word “defamation” the words “commission of” shall be substituted.

• Amendment of Article 51 of the Constitution.

In the Constitution, in Article 51,

(a) after clause (2), the following new clause shall be inserted, namely:-

“(2-A) In addition to the number of seats referred to in clause (1), there shall be in the National Assembly six additional seats reserved for the persons referred to in clause (3) of Article 106.”;and

(b) After clause (4), the following new clause shall be inserted, namely :-

“(4-A) As soon as practicable after the general election to the National Assembly, the members to fill seats reserved in that Assembly for the persons referred to in clause (2-A) shall be elected in accordance with law by the members of the Assembly referred to in clause (1)”

• Amendment of Article 54 of the Constitution.

In the Constitution, in Article 54, in clause (2), the following explanation shall be added at the end , namely:- “Explanation. In this clause, ‘working days’ includes any day on which there is a joint sitting and any period, not exceeding two days, for which the National Assembly is adjourned.”

In the Constitution, in Article 106, in clause (3), – (a) for the word “or,” occurring for the second time; the words “and other non-Muslims and persons belonging to” shall be substituted; and

(b) for the figure “3” against the Province of the Punjab the figure “5” shall be substituted.

In the Constitution, in Article 1999, – (a) after clause (3), the following new clause shall be inserted, namely:- “(3-A} A High Court shall not make an order under clause (1)

(a) prohibiting the making of an order for the detention of a person, or

(b) for the grant of bail to a person detained, under any law providing for preventive detention.”;and

(c) (sic) after clause (4), the following new clause shall be inserted, namely:- “(4-A) An interim order made by a High Court on an application made to it to question the validity or legal effect of any order made, proceeding taken or act done by any authority or person, which has been made, taken or done or purports to have been made, taken or done under any law which is specified in Part I of the First Schedule or relates to, or is connected with, assessment or collection of public revenues shall cease to have effect on the expiration of a period of sixty days following the day on which it is made, unless the case is finally decided, or the interim order is withdrawn, by the court earlier.”

• Amendment of Article 271 of the Constitution.

In the Constitution, in Article 271, in clause (1),

(a) after the words “subject to”, the word, figure and comma “Article 63,” shall be inserted;

(b) for paragraph (a) the following shall be substituted, namely :- “(a) the first National Assembly shall consist of – (i) persons who have taken oath in the National Assembly of Pakistan existing immediately before the commencing day, and

(ii) the persons to be elected in accordance with law by the members of Assembly to fill the seats referred to in clause (2-A) of Article 51,and unless sooner dissolved, shall continue until the fourteenth day August, one thousand nine hundred and seventy seven; and reference to “total membership of the National Assembly in the Constitution shall be construed accordingly;

(c) in paragraph (b), after the word “vacancies” the commas, words, brackets, figures and letter, “or to be elected to the additional seats referred to in clause (2-A) of Article 51,” shall be inserted.

In the Constitution, in Article 272,- (a) the brackets and figure (1) occurring after the figure ‘272’, shall be omitted ; and

(b) After the words “subject to”, the words and figure “Article 63 and” shall be inserted.

• Amendment of Article 273 of the Constitution.

In the Constitution, in Article 273; in clause (1),- (a) After the words “subject to”, the word, figure and comma “Article 63,” shall be inserted ;and

(b) for paragraph (a) the following shall be substituted, namely:- “(a) the first Assembly of a Province under the Constitution shall consist of – (i) the members of the Assembly of that Province in existence immediately before the commencing day, and

(ii) the additional members to be elected in accordance with law by the members of the Assembly to fill the seats referred to in clause (3) of Article 106,and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy-seven ; and reference to “total membership” of the Assembly of a Province in the Constitution shall be construed accordingly,’; and

(c) in paragraph (b), after the word “vacancies”, the commas, words, brackets, and figures “, or to be elected to the additional seats referred to in clause (3) of Article 106,” shall be inserted.

• Substitution of the First Schedule to the Constitution.

In the Constitution, for the First Schedule the Schedule set out in the Schedule to this Act shall be substituted.

• Amendment of the fourth Schedule to the Constitution.

In the Constitution, in the Fourth Schedule, in the Concurrent Legislative List, after entry 43, the following new entry shall be inserted, namely;- “43-A. Auqaf”

• Certain orders shall cease to have effect after specified period.

An interim order such as is referred to in clause (4-A) of Article 199 of Constitution, made by High Court before the commencement of this Act shall cease to have effect at the expiration of sixty days from such commencement, unless the case is finally decided, or the interim order is withdrawn, by the Court earlier.

THE SCHEDULE

(See section 12)

“FIRST SCHEDULE”

[ Article 8 (3)(b) and (4) ]

Laws exempted from the operation of Article 8 (1) and (2).

• PRESIDENT’S ORDERS
• The Acceding State (Property) Order,1961 (P.O. No.12 of 1961)
• The Economic Reforms Order, I972 (P.O No.1 of 1972).
• REGULATIONS
• The Land Reforms Regulation,1972.
• The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 1972.
• The Economic Reforms (Protection of Industries) Regulation, 1972.
• The Distribution of Property (Chitral) Regulation,1974 (II of 1974).
• The Settlement of Disputes of Immovable Property (Chitral) Regulation, 1974 (III of 1974).
• The Dir and Swat (Devolution and Distribution of Property and Settlement of Disputes of Immovable Property) Amendment) Regulation, I975 (II of 1975).

III. FEDERAL ACTS

• The Land Reforms (Amendment) Act,1974 (XXX of 1974).
• The Land Reforms (Amendment ) Act,1975 (XXXIX of 1975).
• ORDINANCES PROMULGATED BY THE PRESIDENT

The Land Reforms (Amendment) Ordinance, 1975 (XXI of 1975), and the Federal Act enacted to replace the said Ordinance.

V.—PROVINCIAL ACTS

• The Land Reforms (Baluchistan Amendment) Act, 1974 (Baluchistan Act XI of 1974)
• The Land Reforms (Pat Feeder Canal Regulation) (Amendment ) Act, 1975 (Baluchistan Act VII of 1975).
• PRESIDENTS ORDERS
• The Minerals (Acquisition and Transfer) Order,1961 (P.O. No.8 of 1961).
• The Companies (Managing Agency and Election of Directors) Order, 1972 (P.O No. 2 of 1972).
• The Co-operative Societies (Reform) Order,1972 (P.O. No. 9of 1972).
• The Life insurance (Nationalization) Order,1972 (P.O .No.10 of 1972).
• The Martial Law (Pending Proceedings) Order, 1972 (P.O. No.14 of 1972).
• The Rulers of Acceding states (Abolition of Privy Purses and Privileges) Order,1972 (P.O. No. 15 of 1972).
• The Industrial Sanctions and Licenses (Cancellation) Order, 1972 (P.O. No. 16 of 1972)
• The Criminal Law Amendment (Special Courts) Order, 1972 (P.O.20 of 1972)
• Rawalpindi (Requisition of Property) Regulation, 1959.
• The Pakistan Capital Regulation, 1960.
• The Scrutiny of Claims (Evacuee Property) Regulation, 1961.
• The Income-tax (Correction of Returns and False Declaration ) Regulation, 1969.
• The Improper Acquisition of Property Regulation,1969.
• The Removal from Service (Special Provisions) Regulation, 1969.
• The Living Beyond Ostensible Means (Punishment) Regulation, 1969.
• The Government Agricultural Land (Recovery of Illegal Possession) Regulation, 1969.
• The Enemy Property (Payment of Money Due to Enemy ) Regulation, 1970.
• The Withdrawal of Currency Notes (High Denomination) Regulation, 1971.
• The Price of Evacuee Property and Public Dues (Recovery) Regulation, 1971.
• The Peshawar District and Tribal Areas (Settlement of Disputes) Regulation, 1971.
• The Convention Muslim League and Awamy League (Scrutiny of Funds) Regulation, 1971.
• The Foreign Exchange Repatriation Regulation, 1972.
• The Foreign Assets (Declaration) Regulation, 1972.
• The Removal from Service (Review Petition) Regulation, 1972.
• The Privately Managed Schools and Colleges (Taking Over) Regulation, 1972.
• The Enemy Property (Revocation of Sales) Regulation, 1972.
• The Dir and Swat (Devolution and Distribution of Property) Regulation, 1972
• The Dir and Swat (Settlement of Disputes of Immovable Property) Regulation,1972.
• The West Pakistan Industrial Development Corporation (Revocation of Sale or Transfer) Regulation, 1972.
• The National Press Trust (Suspension of Board of Trustees and Directors) Regulation, 1972.
• The Co-operative Banks (Repayment of Loans) (Punjab) Regulation, 1972.
• The Co-operative Societies (Repayment of Loans) (Sind) Regulation, 1972.

Fifth Amendment:

CONSTITUTION (FIFTH AMENDMENT) ACT, 1976

An Act to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 16th September, 1976]

The following Act of Parliament received the assent of the President on 16th September,1976, and is hereby published for general information.

It is hereby enacted as follows :-

(1) This Act may be called the Constitution (Fifth Amendment) Act 1976.

(2) It shall come into force at once, except section 8 and section 13, which shall come into force on the first day of December 1976.

• Amendment of Article 101 of the Constitution.

In the Constitution of the Islamic Republic of Pakistan hereinafter referred to as the Constitution, in Article 101, in clause (2), for the full-stop at the end a colon shall be substituted and thereafter the following proviso and new clause shall be added, namely:-

“Provided that, after the holding of the first general election to the National Assembly, a person shall not be appointed to be the Governor of the Province of which he is a permanent resident.

(2-A) Nothing contained in the proviso to clause (2) shall apply during the period that an Order under paragraph (c) of clause (2) of Article 232 or a Proclamation under Article 234 is in force.”

• Amendment of Article 160 of the Constitution.

In the Constitution, in Article 160, in clause (3), for paragraph (ii) the following shall be substituted namely :- “(ii) taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed.;”

• Amendment of Article 175 of the Constitution.

In the Constitution, in Article 175 in clause (3), for the word “three” the word “five” shall be substituted.

• Amendment of Article 179 of the Constitution.

In the Constitution, Article 179 shall be re-numbered as clause (1) of that Article and, after clause (1) re-numbered as aforesaid, the following new clauses shall be added, namely :- “(2) The Chief Justice of the Supreme Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he sooner attains the age of sixty-five years, hold office for a term of five years and shall thereafter have the option either :-

(a) to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-five years; or

(b) to assume the office of the most senior of the other Judges of the Supreme Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.

(3) When a Judge assumes the office of the most senior of the other Judges of the Supreme Court under clause (2), the Judge who was until then the most senior of the other Judges shall rank next after him in order of seniority.

(4) A person who has once held office as Chief Justice of the Supreme Court, otherwise than under Article 180, shall not again be appointed to that office.

(5) The provisions of clauses (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275.

• Amendment of Article 180 of the Constitution.

In the Constitution, in Article 180, for the words “the most senior of the other Judges of the Supreme Court” the words “one of the Judges of the Supreme Court who have not previously held the office of Chief Justice of Pakistan otherwise than under this Article” shall be substituted.

• Amendment of Article 187 of the Constitution.

In the Constitution, in Article 187, in clause (1), for the word “The” the words, brackets, figures and comma “Subject to clause (2) of Article 175, the” shall be substituted.

• Amendment of Article 192 of the Constitution.

In the Constitution, in Article 192, for clauses (2), (3) and (4) the following shall be substituted, namely :- “(2) The Sind and Baluchistan High Court shall cease to function as a common High Court for the Provinces of Baluchistan and Sind.

(3) The President shall , by Order, establish a High Court for each of the Provinces of Baluchistan and Sind and may make such provision in the order of the principal seats of the two High Courts, transfer of the Judges of the common High Court, transfer of cases pending in the common High Court immediately before the establishment of the two High Courts and, generally, for matters consequential or ancillary to the common High Court ceasing to function and the establishment of the two High Courts as he may deem fit.”

• Amendment of Article 195 of the Constitution.

In the Constitution, Article 195 shall be re-numbered as clause (1) of that Article and, after clause (1), re-numbered as aforesaid, the following new clauses shall be added, namely :- “(2) The Chief Justice of a High Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he sooner attains the age of sixty-two years, hold office for a term of four years and shall thereafter have the option either:-

(a) to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-two years; or

(b) to assume the office of the most senior of the other Judges of the High Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.

(3) When a Judge assumes the office of the most senior of the other Judges of a High Court under clause (2), the Judge who was until then the most senior of the other Judges shall rank next after him in order of seniority.

(4) A person who has once held office as Chief Justice of a High Court, otherwise than under Article 196, shell not again be appointed to be the Chief Justice of that High Court.

(5) The provisions of clause (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275.”

• Amendment of Article 196 of the Constitution.

In the Constitution, in Article 196, for the words “the most senior of the other Judges of the High Court” the words “one of the Judges of the High Court who have not previously held the office of Chief Justice of the High Court otherwise than under this Article” shall be substituted.

In the Constitution, in Article 199, for clause (3-A) the following shall be substituted, namely :- “(3-A) A High Court shall not make under this Article – (a) an order prohibiting the making, or suspending the operation, of an order for the detention of any person under any law providing for preventive detention;

(b) an order for the release on bail of any person detained under any law providing for preventive detention;

(c) an order for the release on bail, or an order suspending the operation of an order for the custody, of any person against whom a report or complaint has been made before any Court or tribunal, or against whom a case has been registered at any police station, in respect of an offence, or who has been convicted by any Court or tribunal;

(d) an order prohibiting the registration of a case at a police station, or the making of a report or complaint before any Court or tribunal, in respect of an offence; or

(e) any other interim order in respect of any person referred any of the preceding paragraphs.

(3-B) Every such order as is referred to in clause (3-A), made at any time after the commencement of the Constitution (Fourth Amendment) Act, 1975, shall cease to have effect and all applications for the making of any such order that may be pending before any High Court shall abate.

(3-C) The provisions of clauses (3-A) and (3-B) shall also apply to the disposal of an application in a petition for leave to appeal, or in an appeal, from an order such as is referred to in the said clause (3-A) that may be pending before the Supreme Court immediately before the commencement of the Constitution ( Fifth Amendment) Act, 1976.”

In the Constitution, in Article 200, in clause (1), for the full-stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely :- “Provided that such consent, or consultation with the Chief Justice of the High Courts, shall not be necessary if such transfer is for a period not exceeding one year at a time.

Explanation. In this Article, “Judge” does not include a ” Chief Justice”.

• Amendment of Article 204 of the Constitution.

In the Constitution, in Article 204, for clauses (2) and (3) the following shall be substituted, namely :- “(2) A Court shall have the power to punish a person for contempt of Court in accordance with law”.

• Amendment of Article 206 of the Constitution.

In the Constitution, Article 206 shall be re-numbered as clause (1) of that Article and, after clause (1), re-numbered as aforesaid, the following new clause shall be added, namely:- “(2) A Judge of a High Court who does not accept appointment as a Judge of the Supreme Court shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service if any, in the service of Pakistan.

In the Constitution, in Article 2I2, in clause (2) after the word “Tribunal” occurring for the third time, the commas and words “other than an appeal pending before the Supreme Court,” shall be inserted and shall be deemed always to have been so inserted.

In the Constitution, in Article 260, in the definition of “Service of Pakistan”, after the word and comma “Attorney-General”, the word and comma “Advocate-General,” shall be inserted.

• Amendment of Article 280 of the Constitution.

In the Constitution, in Article 280, after the word “made” at the end, the words and figures “and shall not be called in question in any Court on the ground of inconsistency with any of the rights conferred by Chapter I of Part II” shall be added and shall be deemed always to have been so added.

• Amendment of the First Schedule to the Constitution.

In the Constitution, in the First Schedule, in Part I, – (a) under the sub-heading ” II REGULATIONS”, after entry 6, the following new entry shall be added, namely :-

“7. The Settlement of Disputes of Immovable Property (Chitral)(Amendment) Regulation, 1976 (XII of 1976).”

(b) under the sub-heading ” III FEDERAL ACTS”, after entry 2, the following new entries shall be added, namely :- “3. The Flour Milling Control and Development Act, 1976 (LVII of 1976).

• The Rice Milling Control and Development Act, (LVIII of 1976).
• The Cotton Ginning Control and Development Act, 1976 (LIX of 1976).”and

(c) after the sub-heading “V PROVINCIAL ACT” and the entries relating thereto, the following new sub-heading and entry shall be added, namely :-

• PROVINCIAL ORDINANCE

The Land Reforms (Pat Feeder Canal) (Amendment) Ordinance, 1976.”

• Amendment of the Fourth Schedule to the Constitution.

In the Constitution, in the Fourth Schedule,- (a) in the Federal Legislative List,-

(i) in Part I, for entry 49 the following shall be substituted, namely:- “49. Taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed.”; and

(ii) in Part II, in entry 3, for the words “West Pakistan Water and Power Development Authority and the West Pakistan Industrial Development Corporation” shall be substituted; and

(b) in the Concurrent Legislative List, for entry 41, the following shall be substituted, namely :- “41. Production, censorship and exhibition of cinematograph films.”

Sixth Amendment:

In the Constitution, Article 179 shall be re-numbered as clause (1) of that Article and, after clause (1) re-numbered as aforesaid, the following new clauses shall be added, namely :-

“(2) The Chief Justice of the Supreme Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he sooner attains the age of sixty-five years, hold office for a term of five years and shall thereafter have the option either :- (a) to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-five years; or

In the Constitution, in Article 192, for clauses (2), (3) and (4) the following shall be substituted, namely :-

“(2) The Sind and Baluchistan High Court shall cease to function as a common High Court for the Provinces of Baluchistan and Sind.

In the Constitution, Article 195 shall be re-numbered as clause (1) of that Article and, after clause (1), re-numbered as aforesaid, the following new clauses shall be added, namely :-

“(2) The Chief Justice of a High Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he sooner attains the age of sixty-two years, hold office for a term of four years and shall thereafter have the option either:- (a) to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-two years; or

In the Constitution, in Article 200, in clause (1), for the full-stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely :-

“Provided that such consent, or consultation with the Chief Justice of the High Courts, shall not be necessary if such transfer is for a period not exceeding one year at a time.

In the Constitution, in Article 204, for clauses (2) and (3) the following shall be substituted, namely :-

“(2) A Court shall have the power to punish a person for contempt of Court in accordance with law”.

In the Constitution, Article 206 shall be re-numbered as clause (1) of that Article and, after clause (1), re-numbered as aforesaid, the following new clause shall be added, namely:-

“(2) A Judge of a High Court who does not accept appointment as a Judge of the Supreme Court shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service if any, in the service of Pakistan.

In the Constitution, in the First Schedule, in Part I, —

(a) under the sub-heading ” II REGULATIONS”, after entry 6, the following new entry shall be added, namely :-

(b) under the sub-heading ” III FEDERAL ACTS”, after entry 2, the following new entries shall be added, namely :-

“3. The Flour Milling Control and Development Act, 1976 (LVII of 1976).

• The Cotton Ginning Control and Development Act, 1976 (LIX of 1976).”

and (c) after the sub-heading “V PROVINCIAL ACT” and the entries relating thereto, the following new sub-heading and entry shall be added, namely :-

In the Constitution, in the Fourth Schedule,-

(a) in the Federal Legislative List,-

(b) in the Concurrent Legislative List, for entry 41, the following shall be substituted, namely :-

“41. Production, censorship and exhibition of cinematograph films.”

Seventh Amendment:

CONSTITUTION (SEVENTH AMENDMENT) ACT, 1977

An Act further to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 16th May, 1977]

The following Act of Parliament received the assent of the President on 16th May,1977, and is hereby published for general information:-

• Short title, commencement and duration.

(1) This Act may be called the Constitution (Seventh Amendment) Act,1977.

(2) It shall come into force at once and section 4 shall be deemed to have taken effect on the twenty-first day of April 1977.

(3) Section 2 shall cease to be in force on the thirteenth day of September, 1977.

• Insertion of new Article 96-A, in the Constitution.

In the Constitution of the Islamic Republic of Pakistan , hereinafter referred to as the Constitution, after Article 96, the following new Article shall be inserted, namely :- “96-A

Referendum as to confidence in Prime Minister.

(1) If at any time the Prime Minister considers it necessary to obtain a vote of confidence of the people of Pakistan through a referendum, he may advise the President to cause matter to be referred to a referendum in accordance with law made by Parliament.

(2) The law referred to in clause ( 1) shall provide for the Constitution of Referendum Commission and the manner and mode of holding a referendum.

(3) On receipt of the advice of the Prime Minister under clause (1), the President shall call upon the Referendum Commission to conduct a referendum amongst the persons whose names appear on the electoral rolls for the immediately preceding general elections to the National Assembly as revised up-to-date.

(4) Any dispute arising in connection with the counting of votes at referendum shall be finally determined by the Referendum Commission or a member thereof authorized by it and, save as aforesaid, no dispute arising in connection with a referendum or the result thereof shall be raised or permitted to be raised before any court or other authority whatsoever.

(5) If, on the final count of the votes cast at the referendum, the Prime Minister fails to secure majority of the total votes cast in the matter of the confidence of the people of Pakistan, he shall be deemed to have tendered his resignation within the meaning of Article 94.”.

In the Constitution ,in Article 101, in clause (2-A), for the word, brackets, letter and figures “an Order under paragraph ( c) of clause (2) of Article 232 or a Proclamation under” the words and figure” a Proclamation under article 232 or” shall be substituted.

• Amendment of Article 245 of the Constitution.

In the Constitution Article 245 shall be renumbered as clause (1), of that Article and, after clause (1) renumbered as aforesaid, the following new clauses shall be added, namely;–

“(2) The validity of any direction issued by the Federal Government under clause (1) shall not be called in question in any Court.

(3) A High Court shall not exercise any jurisdiction under Article 199 in relation to any area in which the Armed Forces of Pakistan are, for the time being , acting in aid of civil power in pursuance of Article 245:

Provided that this clause shall not be deemed to affect the jurisdiction of the High Court in respect of any proceeding pending immediately before the day on which the Armed Forces start acting in aid of civil power.

(4) Any proceeding in relation to an area referred to in clause (3), instituted on or after the day the Armed Forces start acting in aid of civil power and pending in any High Court shall remain suspended for the period during which the Armed Forces are so acting.”

Eighth Amendment:

CONSTITUTION (EIGHT AMENDMENT) ACT, 1985

An Act further to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, 11th November, 1985]

The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 9th November, 1985, and is hereby published for general information:-

Whereas it is expedient further to amend the constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing;

It is hereby enacted as follows:

(1) This Act may be called the Constitution (Eighth Amendment) Act, 1985.

(2) It shall come into force at once, except section 19 which shall come into force on the day on which the Proclamation of the fifth day of July, 1977, is revoked.

• Amendment of Article 48 of the Constitution.

In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution in Article 48,- (a) in clause (1),-

(i) for the commas and words “,the Prime Minister, or appropriate Minister” the words “or the Prime Minister” shall be substituted; and

(ii) for the proviso the following shall be substituted, namely :

“Provided that the President may require the Cabinet or, as the case may be, the Prime Minister to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.”;

(b) in clause (2), after the words “do so”, at the end, the words ” and the validity of anything done by the President in his discretion shall not be called in question on any ground whatsoever” shall be added ;

(c) clause (3) shall be omitted ; and

(d) clause (5), in paragraph (a), for the words “one hundred” the word “ninety” shall be substituted.

In the Constitution, in Article 51, in clause (4), for the word “second” the word “third” shall be substituted.

• Amendment of Article 56 of the Constitution.

In the Constitution, in Article 56, for clause (3) the following shall be substituted, namely:

“(3) At the commencement of the first session after each general election to the National Assembly and at the commencement of the first session of each year the President shall address both houses assembled together and inform the Majlis-e-Shoora (Parliament) of the causes of its summons.

• Amendment of Article 58 of the Constitution.

In the Constitution, in Article 58,-

(a) in clause (1), in the Explanation, for the words “resolution for a vote of no confidence has been moved” the words “notice of a resolution for a vote of no-confidence has been given” shall be substituted; and

(b) for clause (2) the following shall be substituted, namely:

“(2) Notwithstanding anything contained in clause (2) of Article 48, the President may also dissolve the National Assembly in his discretion where, in his opinion,

(a) a vote of no-confidence having been passed against the Prime Minister, no other member of the National Assembly is likely to command the confidence of the majority of the member’s of the National Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the National Assembly summoned for the purpose; or

(b) a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary.

• Amendment of Article 59 of the Constitution

In the Constitution, in Article 59 – (a) in clause (1), in paragraph (c), for the word “chosen” the word “elected” shall be substituted:

(b) in clause (3),

(i) for paragraphs (a), (b) and (c); the following shall be substituted, namely :- “(a) of the members referred to in paragraph (a) of clause (1), seven shall retire after the expiration of the first three years and seven shall retire after the expiration of the next three years;

(b) of the members referred to in paragraph (b) of the aforesaid clause, four shall retire after the expiration of the first three years and four shall retire after the expiration of the next three years;

(c) of the members referred to in paragraph (c) of the aforesaid clause, one shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years;

(d) of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the first three years and three shall retire after the expiration of the next three years”.

(ii) in the proviso, the words “or chosen” shall be omitted; and

(c) clause (4} shall be omitted.

• Amendment of Article 60 of the Constitution.

In the Constitution, in Article 60, in clause (2), for the word “two” the word “three” shall be substituted.

• Amendment of Article 75 of the Constitution. In the Constitution, in Article 75,-

(a) in clause (1), for the word “forty-five” the word “thirty” shall be substituted; and

(b) for clause (2) the following shall be substituted, namely ;-

“(2) When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shora (Parliament) in joint sitting and, if it is again passed, with or without amendment, by the Majlis-e-Shoora (Parliament), by the votes of the majority of the members of both Houses present and voting, it shall be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the President and the President shall not withhold assent therefrom.”

• Amendment of Article 90 of the Constitution.

In the Constitution, Article 90 shall be renumbered as clause (1) of that Article and, after clause (1) renumber as aforesaid, the following new clause shall be added, namely:-

(2) Nothing contained in clause (1) shall — (a) be deemed transfer to the President any functions conferred by any existing law on the Government of any Province or other. Authority; or

(b) prevent the Majlis-e-Shoora (Parliament,) from conferring by law functions on authorities other than the President.”.

• Amendment of Article 91 of the Constitution.

In the Constitution, in Article 91,-

“(2-A) Notwithstanding anything contained in clause (2), after the twentieth day of March, one thousand nine hundred and ninety, the President shall invite the member of the National Assembly to be the Prime Minister who commands the confidence of the majority of the members of the National Assembly, as ascertained in a session of the Assembly summoned for the purpose in accordance with provisions of the Constitution.”

(b) in clause (3), after the brackets and figure “(2)”, the words, commas, brackets, figure and letter “or, as the case may be, invited under clause (2-A)” shall be inserted; and

(c) for clause (5) the following shall be substituted, namely :-

(5) The Prime Minister. shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime- Minister. does not command the confidence of the majority of the members of the National Assembly, in which case he shall summon the National Assembly and require the Prime Minister to obtain a vote of confidence from the Assembly,”.

In the Constitution, in Article 101,-

(a) in clause (1), for the words “in his discretion” the words “after consultation with the Prime Minister.” shall be substituted;

(aa) in clause (2), the proviso shall be omitted;

(b) clause (2-A) shall be omitted; and

(c) in clause (5), after the word “Governor”, at the end, the words “in any contingency not provided for in this Part” shall be added.

• Amendment of Article 105 of the Constitution. In the Constitution in Article 105,-

(a) in clause (1),- (i) for the comma and words “, Chief Minister or appropriate Minister” the words ” or the Chief Minister” shall be substituted;

(ii) for the first proviso, the following shall be substituted, namely:- “Provided that the Governor may require the Cabinet or, as the case may be, the Chief Minister to reconsider such advice, whether generally or otherwise, and the Governor shall act in accordance with the advice tendered after such reconsideration.” and ,

(iii) the second proviso shall be omitted ;

(b) in clause (2), for the comma and words “, the Cabinet or a Minister” the words “or the Cabinet” shall be substituted; and

(c) in clause (5), for the brackets and figure “(3)” the brackets and figure “(2) shall be substituted.

In the Constitution in Article 106, in clause (4), for the word “second” the word “third” shall be substituted.

• Amendment of Article 112 of the Constitution. In the Constitution Article 112 shall be renumbered as clause (1) of that Article and:-

(a) in clause (1), renumbered as aforesaid, in the Explanation, for the word “resolution for a vote of no-confidence has been moved” the words “notice of a resolution for a vote of no-confidence has been given” shall be substituted; and

(b) after clause (1), renumbered and amended as aforesaid, the following new clause shall be added, namely:-

“(2) The Governor may also dissolve the Provincial Assembly in his discretion but subject to the previous approval of the President, where, in his opinion,- (a) a vote of no-confidence having been passed against the Chief Minister, nt other member of the Provincial Assembly is likely to command the confidence of the majority of the members of the Provincial Assembly in accordance with the provisions 0 the Constitution, as ascertained in a session of the Provincial Assembly summoned for the purpose ; or

(b) a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary.

• Amendment of Article 116 of the Constitution.

In the Constitution in Article 116,-

(a) in clause (2) for the word “forty-five” the word “thirty” shall be substituted and

(b) for clause (3) the following shall be substituted, namely;

“(3) When the Governor has returned a Bill to the Provincial Assembly, it shall be reconsidered by the Provincial Assembly and, if it is again passed, with or without amendment, by the Provincial Assembly, by the votes of the majority of the members of the Provincial Assembly present and voting, it shall be again presented to the Governor and the Governor shall not withhold assent therefrom.”.

• Amendment of Article 130 of the Constitution.

In the Constitution, in Article 130,-

“(2-A) Notwithstanding anything contained in clause (2), .after the twentieth day of March, one thousand nine hundred and eighty-eight, the Governor shall invite the member of the Provincial Assembly to be the Chief Minister who commands the confidence of the majority of the members of the Provincial Assembly, as ascertained in a session of the Assembly summoned for the purpose in accordance with the provisions of the Constitution:

Provided that nothing contained in this clause shall apply to a Chief Minister holding office on the twentieth day of March, one thousand nine hundred and eighty eight, in accordance with the provisions of the Constitution.”

(b) in clause (3), after the brackets and figure “(2)” the words, commas, brackets, figure and letter “or, as the case may be, invited under clause (2-A)” shall be inserted; and

(c) for clause (5) the following shall be substituted, namely .-

“(5) The Chief Minister shall hold office during the pleasure of the Governor, but the Governor shall not exercise his powers under this clause unless he is satisfied that the Chief Minister does not command the confidence of the majority of the members of the Provincial Assembly, in which case he shall summon the Provincial Assembly and require the Chief Minister to obtain a vote of confidence from the Assembly.”

• Amendment of Article 144 of the Constitution.

In the Constitution, Article 144, clause (2) shall be omitted.

• Omission of Article 152-A of the Constitution.

In the Constitution, Article 152-A shall be omitted.

• Substitution of Article 270-A of the Constitution.

In the Constitution for Article 270-A the following shall be substituted, namely:–

“270-A Affirmation of President’s Orders, etc.

(1) The Proclamation of the fifth day of July, 1977, all President’s Orders, Ordinances. Martial Law Regulation Martial Law Orders, including the Referendum Order, 1984 (P.O. No 11 of 1984), under which in consequence of the result of the referendum held on the nineteenth day December 1984, General Muhammad Zia-ul-Haq became the President the day of the first meeting of the Majlis-e-Shoora (Parliament) in joint sitting for the term specified in clause (7) of Article 41, the Revival of the Constitution of 1973 Order 1985 (P.O. No. 14 of 1985), the Constitution (Second Amendment) Order, 1985(P.O.20 of 1985) the Constitution (Third Amendment) Order, 1985 (P O.No.24 of 1985) and all other laws made between the fifth day of July, 1977and the date on which Article comes into force are hereby affirmed, adopted and declared notwithstanding a judgment of any court, to have been validly made by competent authority and notwithstanding anything contained in the Constitution shall not be called in question in any Court on any ground whatsoever;

Provided that a President’s Order’, Martial Law Regulation or Martial Law Order made after the thirtieth day of September, 1985, shall be confined only to making such provisions as facilitate, or are incidental to, the revocation of the Proclamation of the fifth day of July, 1977.

(2) All order’s made, proceedings taken and acts done by any authority or by any person, which were made, taken or done, or purported to have been made, taken or done between the fifth day of July, 1977, and the date on which this Article comes into force in exercise of the powers derived from any Proclamation, President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notification rules, orders or bye-laws, or in execution of or in compliance with any order made or sentence passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any Court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any Court on any ground whatsoever.

(3) All President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactment, notifications, rules, orders or bye-laws in force immediately before the date on which this Article comes into force shall continue in force until altered, repealed or amended by competent authority.

Explanation. In this clause, “competent authority” means, – (a) in respect of President’s 0rders, Ordinances, Martial Law Regulation Martial Law Orders and enactments, the appropriate Legislature; and

(b) in respect of notifications, rules , orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law.

(4) No suit, prosecution or other legal proceedings shall lie in any Court against any authority or any person, for or on account of or in respect of any order made, proceedings taken or. act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with order’s made or sentences passed in exercise or purported to exercise of such powers.

(5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purposes intended to be served thereby.

(6) Such of the President’s Orders and 0rdinances referred to in clause (1) as are specified in the Seventh Schedule may be amended in the manner provided for amendment of the Constitution, and all other laws referred to in the said clause may be amended by the appropriate Legislature in the manner provided for amendment of such laws.

Explanation. In this Article, “President’s Orders” includes “President and Chief Martial Law Administrator’s Orders” and “Chief Martial Law Administrator’s Orders.”.

• Addition of new Schedule to the Constitution.

In the Constitution after the Sixth Schedule, the following new Schedule shall be added, namely:-

SEVENTH SCHEDULE [Article 270-A(6)]

Laws to be amended in the manner provided for amendment of the Constitution.

PRESIDENT’S ORDERS

(1) The Zulfiqar Ali Bhutto Trust and Peoples Foundation Trust (Re-naming and Administration) Order, 1978 (P.O. No. 13 of 1978).

(2) The Cantonments (Urban Immovable Property Tax and Entertainments Duty) Order, 1979 (P.O. No. 13 of 1979).

(3) The Pakistan Defence Officer’s Housing Authority Order, 1980 (P.O.No.7 of 1980).

(4) The Foreign Currency Loans (Rate of Exchange) Order, 1982(P.O.No.3 of 1982).

(5) The Establishment of the office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (P.O. No. 1 of 1983).

(6) The Agha Khan University Order, 1983 (P.O. No. 3 of 1983).

(7) The National College of Textile Engineering (Governing Body and Cess ) Order, 1983 (P.O. No. 11 of 1983).

(8) The Lahore University of Management Science Order, 1985 (P.O.No.25 of 1985).

(1) The International Islamic University Ordinance, 1985 (XXX of 1985)

Ninth Amendment

CONSTITUTION (NINTH AMENDMENT) ACT, 1985

An Act further to amend the Constitution of the Islamic Republic of Pakistan

It is hereby enacted as follows:- 1. Short title and commencement.

(1) This Act may be called the Constitution (Ninth Amendment) Act, 1985.

• Amendment of Article 2 of the Constitution.

In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 2, after the word “Pakistan”, at the end, the words “and the Injunctions of Islam as laid down in the Holy Quran and Sunnah shall be the supreme law and source of guidance for legislation to be administered through laws enacted by the Parliament and Provincial Assemblies, and for policy making by the Government” shall be added.

• Amendment of Article 203B of the Constitution.

In the Constitution, in Article 203B, in paragraph (c),

(a) For the comma after the word “Constitution” a full stop shall be substituted; and

(b) The words, commas and semi-colon “Muslim Personal Law, any law relating to the procedure of any Court or tribunal or, until the expiration of ten years from the commencement of this Chapter, any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure; and shall be omitted.

• Amendment of Article 203D of the Constitution.

In the Constitution, in Article 203D, after clause (3) the following new clause shall be added namely:

(3-A) Notwithstanding anything contained in this chapter, in respect of any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure, the Court shall, in case of law held by it to be repugnant to the Injunctions of Islam, in consultation with persons having special knowledge of the subject, recommend to the Government specific measures and a reasonable time within which to take adequate steps and amend such law so as to bring it in conformity with the Injunctions of Islam:

Provided that the decisions of the Court shall not have retrospective effect and no right or claim shall be based thereon accordingly directly or indirectly.

(3-B) Notwithstanding anything contained in the Constitution including this chapter or clause (3-A) or anything done pursuant thereto, or any law or any judgment of any Court to the contrary, all existing laws relating to the levy and collection of taxes and fees or banking or insurance practice and procedure which are the subject -matter of decision of the Court referred to in clause (3-A), shall continue to remain in force until such time as appropriate laws are enacted by the legislature in substitution of such exiting laws as a consequence of the final decision of the Court, as stated in clause (3-A), and until the said laws have been enforced:

Provided that nothing contained in clauses (3-A) and (3-B) shall apply to assessment made, orders passed, proceedings pending and amount payable or recovered before the enforcement of the laws enacted in pursuance of clause (3-A).

Statement of objects and reasons.

In consonance with the provisions of Article 2 and 227 of the Constitution of the Islamic Republic of Pakistan, which respectively provide that Islam shall be the State religion of Pakistan and that all laws shall be brought in conformity with the Injunctions of Islam, as also the Objectives Resolution, this Bill seeks to amend Articles 2, 203B and 203D of the Constitution so as to provide that the Injunctions of Islam shall be the supreme law and source of guidance for legislation and policy making and to empower the Federal Shariat Court to make recommendations for bringing the fiscal laws and laws relating to the levy and collection of taxes in conformity with the said injunctions.

Tenth Amendment

CONSTITUTION (TENTH AMENDMENT) ACT, 1987

An Act to further amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 29th March, 1987]

The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 25th March, I987, and is hereby published for general information:-

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing :

(1) This Act may be called the Constitution (Tenth amendment) Act,1987.

In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 54, in clause (2) , in the proviso, for the word “sixty” the word “thirty” shall be substituted .

In the Constitution, in Article 61, for the words “one hundred and sixty” the words “one hundred and thirty” shall be substituted.

Eleventh Amendment:

A Bill further to amend the Constitution of the Islamic Republic of Pakistan

Whereas it is expedient to further amend the Constitution of the Islamic Republic of Pakistan for the purpose herein appearing.

1- Short title and commencement.–

(1) This act may be called the Constitution (Eleventh Amendment) Act, 1989.

2- Amendment of Article 51 of the Constitution.-

In the Constitution of the Islamic Republic of Pakistan, in clause 4 of Article 51, for the word “third” occurring before the words “general election”, the word “fourth” shall be substituted.

The Constitution (Eleventh Amendment) Bill, 1989 which sought to restore twenty women seats in the National Assembly, was introduced in the Senate on 31-12-1989 by Mr. Muhammad Ali Khan, Dr. Noor Jehan Panezai and Syed Faseih Iqbal, Senators. Report of the Standing Committee was presented on 29-8-1990. The Bill was withdrawn on 23-8-1992 by its movers after assurance given by the Minister for Law and Justice that the Government intends to introduce the same Bill very soon.

Twelfth Amendment

CONSTITUTION (TWELFTH AMENDMENT) ACT, 1991An Act to further amend the Constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing.

(1) This Act may be called the Constitution (Twelfth Amendment) Act, 1991.

(3) The provisions of this Act, shall remain in force for a period of three years, and, on the expiration of the said period, Article 212-B shall cease to form part of the Constitution and shall stand repealed.

• Addition of new Article 212-B in the Constitution. In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Part VII, in Chapter 4, after Article 212, the following new Article shall be added, namely:-

212-B. Establishment of Special Courts for trial heinous offences.

(1) In order to ensure speedy trial of cases of persons accused of the heinous offences specified by law as are referred to them by the Federal Government, or an authority or person authorized by it, in view of their being gruesome, brutal and sensational in character or shocking to public morality, the Federal Government may by law constitute as many Special Courts as it may consider necessary.

(2) Where the Federal Government constitutes more than one Special Court, it shall determine the territorial limits within which each one of them shall exercise jurisdiction.

(3) A Special Court shall consist of a Judge, being a person who is, or has been or is qualified for appointment as, a Judge of a High Court and is appointed by the Federal Government after consultation with the Chief Justice of the High Court.

(4) A person other than a Judge of a High Court who is appointed as a Judge of a Special Court shall hold office for the period this Article remains in force and shall not be removed from office except in the manner prescribed in Article 209 for the removal from office of a Judge, and, in the application of the said Article for the purposes of this clause, any reference in that Article to a Judge shall be construed as a reference to a Judge of a Special Court.

(5) The law referred to in clause (1) shall make provision for the constitution of as many Supreme Appellate Court as the Federal Government may consider necessary and an appeal against the sentence or final order of a Special Court being preferred to a Supreme Appellate Court which shall consist of –

(a) a Chairman, being a Judge of the Supreme Court to be nominated by the Federal Government after consultation with the Chief Justice of Pakistan, and

(b) two Judges of the High Courts to be nominated by the Federal Government after consultation with the Chief Justice of the High Court concerned.

(6) Where the Federal Government constitutes more than one Supreme Appellate Court, it shall determine the territorial limits within which each one of them shall exercise Jurisdiction.

(7) A Special Court and a Supreme Appellate Court shall decide a case or , as the case may be, an appeal with thirty days.

(8) Notwithstanding anything contained in the Constitution, no Court shall exercise any jurisdiction whatsoever in relation to any proceedings before, or order or sentence passed by a Special Court or a Supreme Appellate Court constituted under a law referred to in clause (1), except as provided in such law.

• Amendment of Fifth Schedule to the Constitution.

In the Constitution, in the Fifth Schedule,-

(1) in the Part relating to the Supreme Court, – (a) in the first paragraph,-

(i) for the figure “7,900” the figure “9,900”, and for the figure “7,400” the figure “9,500”, shall be substituted; and

(ii) After the words “per mensem” , at the end, the commas and words “or such higher salary as the President may, from time to time, determine” shall be added ; and

(b) for the third paragraph the following shall be substituted, namely:- “3. The pension payable to a retired Judge of the Supreme Court per mensem shall not be less or more than the amount specified in the table below, depending on the length of his service as Judge in that Court or a high Court.

Provided that the President may, from time to time, raise the minimum or maximum amount of pension so specified :-

Judge Minimum amount Maximum amount

Chief Justice Rs. 7,000 Rs. 8,000

Other Judge Rs. 6,250 Rs. 7,125

(2) in the Part relating to the High Court,- (a) in the first paragraph,– (i) for the figure “7,200” the figure “9,400” and for the figure “6,500” the figure “8,400”, shall he substituted; and

(ii) after the words “per mensem”, at the end, the commas and words “or such higher salary as the President may, from time to time, determine” shall be added ; and

(b) for the third paragraph the following shall be substituted, namely:- 3. The pension payable per mensem to a Judge of a High Court who retires after having put in not less than five years service as such Judge shall not be less or more than the amount specified in the table below, depending on the his service as Judge and total service, if any, in the service of Pakistan :

Chief Justice Rs. 5,640 Rs. 7,050

Other Judge Rs. 5,040 Rs. 6,300

Thirteenth Amendment

The Constitution (Thirteenth Amendment) Act, 1997

Further to amend the Constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing;

• Short title and commencement –

(1) This Act may be called the Constitution (Thirteenth Amendment) Act, 1997.

(2) It shall come in to force at once.

• Amendment of Article 58 of the Constitution – In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 58, in clause (2) sub-clause (b) shall be omitted.
• Amendment of Article 101 of the Constitution – In the Constitution, in Article 101, in clause (1) for the words “after consultation with” the words “on the advice of” shall be substituted.
• Amendment of Article 112 of the Constitution – In the Constitution, in Article 112, in clause (2) sub-clause (b) shall be omitted.
• Amendment of Article 243 of the Constitution – In the Constitution, in Article 243, in clause (2) in sub-clause (c) the words “in his discretion” shall be omitted.

STATEMENT AND OBJECTS OF REASONS:

In order to strengthen parliamentary democracy, it has become necessary to restore some of the powers of the Prime Minister which were taken away by the Constitution (Eighth Amendment) Act, 1985.

The Bill seeks further to amend the Constitution of the Islamic Republic of Pakistan to achieve the aforesaid purpose.

Fourteenth Amendment

CONSTITUTION (FOURTEENTH AMENDMENT) ACT, 1997

ACT XXIV of 1997, No.F.22(104)/97-Legis

The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 3rd July, 1997 and is hereby published for general information: –

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan in order to prevent instability in relation to the formation of functioning of Government;

(1) This Act may be Constitution (Fourteenth Amendment) Act. 1997.

• Addition of new Article 63A in the Constitution.

In the constitution of the Islamic Republic of Pakistan after Article 63 the following new Article shall be inserted, namely:-

“63A. Disqualification on ground of defection, etc.-

(1) If a member of a Parliamentary Party defects, he may be means of a notice in writing addressed to him by the Head of the Political Party or such other person as may be authorized in this behalf by the Head of the Political Party, be called upon the show cause, within not more than seven days of such a notice, as to why a Declaration under clause (2) should not be made against him. If a notice is issued under this clause, the Presiding Officer of the concerned House shall be informed accordingly.

Explanation: A member of a House shall be deemed to defect from a political party if he, having been elected as such, as a candidate or nominee of a political party: or under a symbol of political party or having been elected otherwise than as a candidate or nominee of a political party, and having become a member of a political party after such election by means of a declaration in writing –

(a) commits a breach of party discipline which means a violation of the party constitution, code of conduct and declared policies, or

(b) votes contrary to any direction issued by the Parliamentary Party to which he belongs, or

(c) abstain from voting in the House against party policy in relation to any bill.

(2) Where action is proposed to be taken under the Explanation to clause (1), sub-clause (a) the disciplinary committee of the party on a reference by the Head of the Party, shall decide the matter, after giving an opportunity of a personal hearing to the member concerned within seven days. In the event the decision is against the member, he can file an appeal, within seven days, before the Head of the Party, whose decision thereon shall be final, in cases covered by the Explanation to clause (1), sub-clauses (b) and (c), the declaration may be made by the Head of the Party concerned after examining the explanation of the member and determining whether or not that member has defected.

(3) The Presiding Officer of the House shall be intimated the decision by Head of the Political Party in addition to intimation which shall also be concerned member. The Presiding Officer shall within two days transmit the decision to the Chief Election Commissioner. The Chief Election Commissioner, shall give effect to such decision, within seven days from the date of the receipt of such intimation by declaring the seat vacant and amend it under the schedule of the bye-election.

(4) Nothing contained in this Article shall apply to the Chairman or Speaker of a House.

(5) For the purpose of this Article — (a) “House” means the National Assembly or the Senate, in relation to and the Federation; and a Provincial Assembly in relation to the Province, as the case may be.

(b) “Presiding Officer” means the Speaker of the National Assembly, the Chairman of the Senate or the Speaker of the Provincial Assembly, as case may be.

(6) Notwithstanding anything contained in the Constitution, no court including the Supreme Court and a High Court shall entertain any legal proceedings, exercise any jurisdiction, or make any order in relation to the action under this Article.”

Sixteenth Amendment

CONSTITUTION (SIXTEENTH AMENDMENT) ACT, 1999

A Bill further to amend the Constitution of the Islamic Republic of Pakistan.

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purpose hereinafter appearing;

(1) This Act may be Constitution (Sixteenth Amendment) Act. 1999.

• Amendment of Article 27 of the Constitution.

In the Constitution of the Islamic Republic of Pakistan, in Article 27, in clause (1), in the first proviso for the word “twenty” the word “forty” shall be substituted and shall be deemed always to have been so substituted.”

STATEMENT OF OBJECTIVES AND REASONS

Article 27 of the constitution provides safeguards against discrimination in services. In order to provide opportunity and representation to all classes of persons and areas in services, clause (1) of the said Article provides that for a period not exceeding twenty years from the commencing day of the constitution, certain posts may be reserved for persons belonging to any class or areas. It has been felt that since equal opportunity of education and other facilities are not yet available to all citizens of Pakistan, the period of twenty years specified in c) of Article 27 ibid be extended to forty years.

The Bill seeks to achieve the aforesaid object.

Seventeenth Amendment

Constitution (Seventeenth Amendment) Act, 2003

• Short title and commencement:

(1) This Act may be called the Constitution (Seventeenth Amendment) Act, 2003

• Amendment of Article 41 of the Constitution:

In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 41, (1) In clause (7), in paragraph (b), for the full stop at the end, a colon shall be substituted and thereafter the following proviso shall be added, namely;

Provided that paragraph (d) of clause (1) of Article 63 shall become operative on and from the 31st day of December, 2004.”; and (2) After clause (7) amended as aforesaid, the following new clauses shall be added, namely:-

(8) Without prejudice to the provisions of clause (7), any member or members of a House of Majlis-e-Shoora (Parliament) or of a Provincial Assembly, individually or jointly, may, not later than thirty days from the commencement of the Constitution (Seventeenth Amendment) Act, 2003, move a resolution for vote of confidence for further affirmation of the President in office by majority of the members present and voting, by division or any other method as prescribed in the rules made by the Federal Government under clause (9), of the electoral college consisting of members of both Houses of Majlis-e-Shoora (Parliament) and the Provincial Assemblies, in a special session of each House of Majlis-e-Shoora (Parliament) and of each Provincial Assembly summoned for the purpose, and the vote of confidence having been passed, the President, notwithstanding anything contained in the Constitution or judgment of any court, shall be deemed to be elected to hold office for a term of five years under the Constitution, and the same shall not be called in question in any court or forum on any ground whatsoever. (9) Notwithstanding anything contained in the Constitution or any other law for the time being in force, the proceedings for the vote of confidence referred to in clause (8) shall be regulated and conducted by the Chief Election Commissioner in accordance with such procedure and the votes shall be counted in such manner as may be prescribed by the rules framed by the Federal Government:- Provided that clauses (8) and (9) shall be valid only for the forthcoming vote of confidence for the current term of the President in office”.

• Amendment of Article 58 of the Constitution:

In the Constitution, in Article 58, after clause (2), the following new clause shall be added, namely:-

“(3) The President in case of dissolution of the National Assembly under paragraph (b) of clause (2) shall, within fifteen days of the dissolution, refer the matter to the Supreme Court and the Supreme Court shall decide the reference within thirty days whose decision shall be final”.

• Amendment of Article 112 of the Constitution:

In the Constitution, in Article 112, after clause (2), the following new clause shall be added, namely:-

“(3) The Governor in case of dissolution of the Provisional Assembly under paragraph (b) of clause (2) shall within fifteen days of the dissolution refer the matter to the Supreme Court with the previous approval of the President and the Supreme Court shall decide the reference within thirty days whose decision shall be final.”

• Omission of Article 152 A of the Constitution:

In the Constitution, Article 152 A shall be omitted.

• Substitution of Article 179 of the Constitution:

In the Constitution, for Article 179, the following shall be substituted, namely:

“179. Retiring Age-

A judge of the Supreme Court shall hold office until he attains the age of sixty five years, unless he sooner resigns or is removed from office in accordance with the Constitution.”

• Substitution of Article 195 of the Constitution:

In the Constitution, for Article 195, the following shall be substituted, namely:

“195 Retiring Age-

A judge of the High Court shall hold office until he attains the age of sixty-two years, unless he sooner resigns or is removed from office in accordance with the Constitution.”

• Amendment of Article 243 of the Constitution:

In the Constitution, in Article 243, in clause (3), for the words “in his discretion” the words “in consultation with the Prime Minister” shall be substituted.

• Amendment of Article 268 of the Constitution:

In the Constitution, in Article 268, in clause (2), for the full stop at the end, a colon shall be substituted and thereafter the following proviso shall be added, namely:

Provided that the laws mentioned at entries 27 to 30 and entry 35 in the Sixth Schedule shall stand omitted after six years”.

• Substitution of Article 270-AA of the Constitution:

In the Constitution, for Article 270 AA, the following shall be substituted, namely:-

“270-AA Validation and affirmation of laws etc.

(1) The Proclamation of Emergency of the fourteenth day of October, 1999, all President’s Orders, Ordinances, Chief Executive’s Orders, including the Provisional Constitution Order No. 1 of 1999, the Oath of Office (Judges) Order, 2000 (No. 1 of 2000), Chief Executive’s Order No. 12 of 2002, the amendments made in the Constitution through the Legal Framework Order, 2002 (Chief Executive’s Order No. 24 of 2002), the Legal Framework (Amendment) Order , 2002 (Chief Executive’s Order No. 29 of 2002), the Legal Framework (Second Amendment) Order, 2002 (Chief Executive’s Order No. 32 of 2002) and all other laws made between the twelfth day of October, one thousand nine hundred and ninety-nine and the date on which this Article comes into force (both days inclusive), having been duly made or accordingly affirmed, adopted and declared to have been validly made by the competent authority and notwithstanding anything contained in the Constitution shall not be called in question in any court or forum on any ground whatsoever.

(2) All orders made, proceedings taken, appointments made, including secondments and deputations, and acts done by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, between the twelfth day of October, one thousand nine hundred and ninety-nine, and the date on which this Article comes into force (both days inclusive), in exercise of the powers derived from any Proclamation, President’s Orders, Ordinances, Chief Executive’s Orders, enactments, including amendments in the Constitution, notifications, rules, orders, bye-laws or in execution of or in compliance with any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court or forum on any ground whatsoever.

(3) All Proclamations, President’s Orders, Ordinances, Chief Executive’s Orders, laws, regulations, enactments, including amendments in the Constitution, notification, rules, orders or bye-laws in force immediately before the date on which this Article comes into force shall continue in force, until altered, repealed or amended by the competent authority.

Explanation: In this clause,” competent authority” means,- (a) in respect of President’s Orders, Ordinances, Chief Executive’s Orders and enactments, including amendments in the Constitution, the appropriate Legislature; and

(b) in respect of notifications, rules, orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law.

(4) No suit, prosecution or other legal proceedings, including writ petitions, shall lie in any court or forum against any authority or any persons, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.

(5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken , appointments made, including secondments and deputations, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purpose intended to be served thereby”.

Statement of objects and reasons:

This Bill seeks to amend Article 41, 58, 112, 152A, 179, 195, 243, 268 and 270 AA of the Constitution as under:- (a) Article 41 is sought to be amended to add a proviso to paragraph (b) of clause (7) and after clause (7) amended as aforesaid, new clauses (8) and (9) have been added. Clause (8) provides for vote of confidence in the President and clause (9) empowers the Federal Government to make rules for conducting vote of confidence.

(b) Article 58 is sought to be amended to the effect that on dissolution of the National Assembly in terms of paragraph (b) of clause (2) of Article 58, the President shall refer the matter to the Supreme Court.

(c) Article 112 is also being amended on the lines of amendment proposed in Article 58.

(d) Article 152 A is proposed to be omitted.

(e) Article 179 is proposed to be substituted.

(f) Article 195 is proposed to be substituted.

(g) The amendment in Article 243 substitutes the expression “in his discretion” with the expression “in consultation with the Prime Minister”.

(h) The amendment in clause (2) of Article 268 seeks to omit entries 27 to 30 and entry 35 in the Sixth Schedule after six years.

(i) Article 270 AA is to be substituted for providing affirmation and continuation of all laws made and actions taken between the twelfth day of October , 1999, and the day on which this Article comes into force.

• The Bill seeks to achieve the aforesaid objects.

STATEMENT OF OBJECTS AND REASONS

Provided that paragraph (d) of clause (1) of Article 63 shall become operative on and from the 31st day of December, 2004.”;

(2) After clause (7) amended as aforesaid, the following new clauses shall be added, namely:-

“(8) Without prejudice to the provisions of clause (7), any member or members of a House of Majlis-e-Shoora (Parliament) or of a Provincial Assembly, individually or jointly, may, not later than thirty days from the commencement of the Constitution (Seventeenth Amendment) Act, 2003, move a resolution for vote of confidence for further affirmation of the President in office by majority of the members present and voting, by division or any other method as prescribed in the rules made by the Federal Government under clause (9), of the electoral college consisting of members of both Houses of Majlis-e-Shoora (Parliament) and the Provincial Assemblies, in a special session of each House of Majlis-e-Shoora (Parliament) and of each Provincial Assembly summoned for the purpose, and the vote of confidence having been passed, the President, notwithstanding anything contained in the Constitution or judgment of any court, shall be deemed to be elected to hold office for a term of five years under the Constitution, and the same shall not be called in question in any court or forum on any ground whatsoever.

(9) Notwithstanding anything contained in the Constitution or any other law for the time being in force, the proceedings for the vote of confidence referred to in clause (8) shall be regulated and conducted by the Chief Election Commissioner in accordance with such procedure and the votes shall be counted in such manner as may be prescribed by the rules framed by the Federal Government:- Provided that clauses (8) and (9) shall be valid only for the forthcoming vote of confidence for the current term of the President in office”.