User:Glide08/Sandbox/Congo

Whereas under a Proclamation providing for the Form of Government and Rights of Congolese Subjects during the period of Political Tuition dated 5 August 1887, it has been declared that the Policy of the Congo Free State includes providing for the increasing association of the Congolese People in every branch of the Congolese administration, and for the gradual development of self-governing institutions, with a view to the progressive realization of self-government by the people of the Congo Free State:

And whereas the Congolese People have attained a sufficient degree of advancement and education which would permit the termination of the period of Political Tuition, and therefore, it is expedient to make provision for the formation of a permanent federal government for the Congo Free State, and to define the executive, legislative, and judicial powers to be exercised by the federal government:

And whereas the ultimate aim of self-government in the Congo Free State is to create a state order in which all Congolese will be entitled to a common citizenship in a sovereign and democratic constitutional state in which there is equality between men and women and people of all races so that all citizens shall be able to enjoy and exercise their fundamental rights and freedoms:

Be it therefore enacted by the Sovereign and Governor-General, by and with the advice and consent of the Congolese Commission and Congolese Assembly, in this present Federal Legislative Council assembled, and by the authority of the same, as follows:―

TITLE ONE: THE STATE AND THE CITIZEN

PART ONE: THE STATE, THE CONSTITUTION AND GUIDING PRINCIPLES

CHAPTER I: THE STATE AND THE CONSTITUTION

1. Nature of the State

(1) The Congo Free State is an independent, sovereign, and federal state. It is a democratic, decentralized, multi-cultural, multi-lingual, multi-racial, multi-ethnic, and multi-religious country where such diversities co-exist.

(2) The State is committed to the respect and promotion of human dignity; and is founded on justice, equality and the advancement of human rights and fundamental freedoms and assures multi-partism.

(3) The Congo is an all embracing homeland where religions and cultures are sources of strength, harmony and inspiration.

2. Sovereignty

Sovereignty is vested in the people and shall be exercised by the State in accordance with the provisions of this Constitution and the law, without prejudice to the autonomy of the regions and provinces.

3. Supremacy of the Constitution

The Constitution shall be the supreme law of the land. The regional constitutions, provincial statutes, and all laws shall comply with it.

4. Fundamental Bases of the Constitution

This Constitution is predicated upon and guided by the following principles:-

(a) the unity of the Congo is based on the free will of its people, supremacy of the rule of law, decentralized democratic governance, accountability, equality, respect and justice,

(b) the cultural and social diversity of the Congolese people is the foundation of national cohesion and shall not be used for causing division,

(c) the authority and powers of government emanate from the sovereign will of the people exercised by them through referenda and in free, direct and periodic elections conducted through universal adult suffrage, using secret ballot.

5. State-sponsored Religion and Sources of Legislation

(1) There shall be no state-sponsored religion.

(2) Nationally enacted legislation shall have as its sources of legislation popular consensus, the values and the customs of the people of the Congo, including their traditions and religious beliefs, having regard to Congo’s diversity.

(3) Where national legislation is currently in operation or is to be enacted and its source is religion or custom, it must provide for such necessary alternative provisions and institutions as may be appropriate.

6. Religious Rights

The State shall respect the religious rights to:-

(a) worship or assemble in connection with any religion or belief and to establish and maintain places for these purposes,

(b) establish and maintain appropriate charitable or humanitarian institutions,

(c) acquire and possess movable and immovable property and make, acquire and use the necessary articles and materials related to the rites or customs of a religion or belief,

(d) write, issue and disseminate religious publications,

(e) teach religion or belief in places suitable for these purposes,

(f) solicit and receive voluntary financial and other contributions from individuals, private and public institutions,

(g) train, appoint, elect or designate by succession appropriate religious leaders called for by the requirements and standards of any religion or belief,

(h) observe days of rest, celebrate holidays and ceremonies in accordance with the precepts of religious beliefs,

(i) communicate with individuals and communities in matters of religion and belief at national and international levels.

7. Citizenship and Nationality

(1) Citizenship shall be the basis for equal rights and duties for all Congolese.

(2) Every person born to a Congolese mother or father, or born in the territory of the Congo, shall have an inalienable right to enjoy Congolese nationality and citizenship.

(3) The law shall regulate citizenship and naturalization; no naturalized Congolese shall be deprived of his/her acquired citizenship except in accordance with the law.

(4) A Congolese national may acquire the nationality of another country as shall be regulated by law.

8. Language

(1) All indigenous languages of the Congo are national languages and shall be respected, developed and promoted.

(2) English is a widely spoken national language in the Congo.

(3) English (as a major language at the national level), French and Dutch shall be the official working languages of the national government and the languages of instruction for higher education.

(4) In addition to English, French and Dutch, the legislature of any sub-national level of government may adopt any other national language as an additional official working language at its level.

(5) There shall be no discrimination against the use of English, French or Dutch at any level of government or stage of education.

9. National Symbols

The law shall specify the national flag, national emblem, national anthem, public seal, medals, national festivals and commemorations of the State.

CHAPTER II : GUIDING PRINCIPLES AND DIRECTIVES

10. National Economy

(1) The overarching aims of economic development shall be eradication of poverty, guaranteeing the equitable distribution of wealth, redressing imbalances of income and achieving a decent standard of life for all citizens.

(2) The State shall develop and manage the national economy in order to achieve prosperity through policies aimed at increasing production, creating an efficient and self-reliant economy and encouraging free market and prohibition of monopoly.

(3) The State shall enhance regional economic integration.

11. Environment and Natural Resources

(1) The people of the Congo shall have the right to a clean and diverse environment; the State and the citizens have the duty to preserve and promote the country’s biodiversity.

(2) The State shall not pursue any policy, or take or permit any action, which may adversely affect the existence of any species of animal or vegetative life, their natural or adopted habitat.

(3) The State shall promote, through legislation, sustainable utilization of natural resources and best practices with respect to their management.

12. Social Justice

(1) The State shall develop policies and strategies to ensure social justice among all people of the Congo, through ensuring means of livelihood and opportunities of employment. The State shall also encourage mutual assistance, self-help, co-operation and charity.

(2) No qualified person shall be denied access to a profession or employment on the basis of disability; persons with special needs and the elderly shall have the right to participate in social, vocational, creative or recreational activities.

13. Education, Science, Art and Culture

(1)

(a) The State shall promote education at all levels all over the Congo and shall ensure free and compulsory education at the primary level and in illiteracy eradication programmes.

(b) Every person or group of persons shall have the right to establish and maintain private schools and other educational institutions at all levels in accordance with the conditions and standards provided by law.

(2) The State shall mobilize public, private and popular resources and capabilities for education and development of scientific research, especially Research and Development.

(3) The State shall encourage and promote craft and arts and foster their patronization by government institutions and citizens.

(4) The State shall recognize the cultural diversity of the country and shall encourage such diverse cultures to harmoniously flourish and find expression, through the media and education.

(5) The State shall protect Congo’s cultural heritage, monuments and places of national historic or religious importance, from destruction, desecration, unlawful removal or illegal export.

(6) The State shall guarantee academic freedom in institutions of higher education and shall protect the freedom of scientific research within the ethical parameters of research.

14. Children, Youth and Sports

(1) The State shall adopt policies and provide facilities for child and youth welfare and ensure that they develop morally and physically, and protect them from moral and physical abuse and abandonment.

(2) The State shall promote sports and empower the youth to develop their potentials.

(3) The State shall protect and support popular sports institutions and guarantee their independence.

15. Family, Women and Marriage

(1) The family is the natural and fundamental unit of the society and is entitled to the protection of the law; the right of man and woman to marry and to found a family shall be recognized, according to their respective family laws, and no marriage shall be entered into without the free and full consent of its parties.

(2) The State shall protect motherhood and women from injustice, promote gender equality and the role of women in family, and empower them in public life.

16. Public Integrity

The State shall enact laws and establish institutions to eliminate corruption, inhibit abuse of power and ensure integrity in public life.

17. Foreign Policy

Foreign policy of the Congo shall serve the national interest and shall be conducted independently and transparently with the view to achieving the following:

(a) promotion of international cooperation for the purposes of consolidating universal peace, respect for international law, treaty obligations and fostering a just world economic order,

(b) enhancement of respect for human rights and fundamental freedoms in regional and international fora,

(c) promotion of dialogue among civilizations and establishment of international order based on justice and common human destiny,

(d) enhancement of economic cooperation among countries,

(e) non-interference in the affairs of other States, promotion of good-neighbourliness and mutual cooperation with all neighbours and maintaining amicable and balanced relations with other countries,

(f) combating international and trans-national organized crime and terrorism.

18. Defence of the Country

Defence of the Country is an honour and a duty of every citizen; the State shall care for the combatants, the afflicted in war, the families of martyrs and those missing in action.

19. Public Health

The State shall promote public health and guarantee equal access and free primary health care to all citizens.

20. Fiscal Levies

No taxes, fees, tariffs or other fiscal dues, shall be levied save by law.

21. National Reconciliation

The State shall initiate a comprehensive process of national reconciliation and healing that shall promote national harmony and peaceful co-existence among all Congolese.

22. Saving

Unless this Constitution otherwise provides, or a duly enacted law guarantees the rights and liberties described in this Chapter, the provisions contained in this Chapter are not by themselves enforceable in a court of law; however, the principles expressed herein are basic to governance and the State is duty-bound to be guided by them, especially in making policies and laws.

CHAPTER III: THE DECENTRALIZED SYSTEM OF GOVERNANCE

23. Levels of Government

The Congo is a decentralized State, with the following levels of government: -

(a) The national level of government, which shall exercise authority with a view to protecting the national sovereignty and territorial integrity of the Congo and promoting the welfare of its people,

(b) The regional level of government, which shall exercise authority in respect of the people and provinces at the regional level throughout the Congo,

(c) The provincial level of government, which shall exercise authority at the provincial level throughout the Congo and render public services through the level closest to the people,

(d) The local level of government, which shall exercise authority at the local level throughout the Congo.

24. Devolution of Powers

The following principles shall guide the devolution and distribution of powers between all levels of government:-

(a) recognition of the autonomy of the regions and provinces,

(b) affirmation of the need for norms and standards of governance and management at national, regional, and provincial levels, that reflect the unity of the country while asserting the diversity of the Congolese people,

(c) acknowledgement of the role of the State in the promotion of the welfare of the people and protection of their human rights and fundamental freedoms,

(d) recognition of the need for the involvement and participation of all Congolese people at all levels of government as an expression of the national unity of the country,

(e) pursuit of good governance through democracy, transparency, accountability and the rule of law at all levels of government to consolidate lasting peace.

25. Inter-Governmental Linkages

(1) In the administration of the decentralized system of the country, the following principles of inter-governmental linkages shall be respected:-

(a) the linkage between the national and provincial governments shall be through the appropriate regional government,

(b) in their relationships with each other or with other government organs, all levels of government and particularly national, regional, and provincial governments shall observe the following:-

(i) respect each others’ autonomy,

(ii) collaborate in the task of governing and assist each other in fulfilling their respective constitutional obligations.

(c) government organs at all levels shall perform their functions and exercise their powers so as:-

(i) not to encroach on the powers or functions of other levels,

(ii) not to assume powers or functions conferred upon any other level except as provided for by this Constitution,

(iii) to promote co-operation between all levels of government,

(iv) to promote open communication between all levels of government,

(v) to render assistance and support to other levels of government,

(vi) to advance good co-ordination of governmental functions,

(vii) to adhere to procedures of inter-governmental interaction,

(viii) to promote amicable settlement of disputes before attempting litigation,

(ix) to respect the status and institutions of other levels of government.

(d) the harmonious and collaborative interaction of the different levels of government shall be within the context of national unity and for the achievement of a better quality of life for all,

(2) Any two or more regions may agree on mechanisms or arrangements to enhance inter-regional co-ordination and co-operation.

(3) Any two or more provinces in a region may agree on mechanisms or arrangements to enhance inter-provincial intra-regional co-ordination and co-operation.

PART TWO: THE RIGHTS, FREEDOMS AND DUTIES OF THE CITIZEN

CHAPTER I: GENERAL PROVISIONS AS REGARDING RIGHTS AND FREEDOMS OF THE CITIZEN

26. Human dignity and Inalienable and Binding nature of rights

(1) Human Dignity is inviolable.

(2) The rights and freedoms guaranteed in this Constitution are an extension of Human Dignity. Accordingly, they shall be inalienable, inherent in every person as such, and binding over all authorities of the State.

27. Unenumerated rights

(1) The rights and freedoms enumerated in this Constitution do not deny the existience of any unenumerated rights and freedoms which are recognised or conferred by law that may exist, insofar as that recognition or conferral is not inconsistent with or detrimental to rights and freedoms enumerated in this Constitution.

(2) Every person has the right to do any act or ommission which is not prohibited by law.

(3) No person may be compelled to do any act or ommission which is not required by law.

CHAPTER II: CIVIL AND POLITICAL RIGHTS

28. Freedom of opinion, thought, and consicence

Every person has freedom of opinion, thought, and consicence, that is to say:

(a) freedom to hold, express, and change his or her own opinion;

(b) freedom to consider ideas, facts and points of view, independently of similar such considerations made by other individuals or groups; and

(c) freedom to judge acts or ommissions as morally right or wrong, whether absolutely or within certain contexs, independently of similar such judgements made by other individuals or groups.

29. Freedom of expression, speech, press and media, academia, and creation and research

(1) Every person has freedom of expression, that is to say, freedom to seek, receive, and impart information or ideas, through any media and regardless of frontiers.

(2) Accordingly, every person has:

(a) freedom of speech;

(b) freedom of the press and other media;

(c) freedom of academia; and

(d) freedom of creation and research, whether for artistic, academic or scientific ends.

30. Freedom of assembly, demonstration, picket, and right of petition

(1) Every person has freedom to assemble, demonstrate, and picket, insofar as such assembly, demonstration or picket is done peacefully and without arms.

(2) Every person has the right to petition public authorities for redress of grievances.

31. Freedom of movement

(1) Every person who is lawfully present in the Congo Free State has freedom of movement within its territory.

(2) Every person has the right to leave the Congo Free State.

(3) Every Congolese citizen and every permanent resident of the Congo Free State has the right to enter the Congo Free State and to establish his or her residence anywhere within its territory.

32. Freedom of association

Every person has freedom of association, that is to say, freedom to form, join, and participate in the activities of associations and unions.

33. Freedom of religion

(1) Every person has freedom of religion, that is to say, freedom to profess, practice and propagate his religion.

(2) No person may be compelled to obey any religious commandment or to pay any tax the proceeds of which are specially allocated in whole or in part for religious purposes.

(3) Every religious group has the right:

(a) to manage its own religious affairs;

(b) to establish and maintain institutions for religious or charitable purposes; and

(c) to acquire and own property and hold and administer it in accordance with law.

34. Right to development of self and personality

Every person has the right to develop himself or herself and his or her personality as he or she sees fit, insofar as such development does not violate or infringe upon the rights of others.

35. Right to marry and found a family

(1) Every two adults, regardless of their gender, shall have the right to marry and found a family.

(2) The spouses shall have equal status in contracting their marriage, in their marraige relations, and in divorcing or otherwise terminating their marriage. Care and upbringing of children are the primary right and duty of the parents; their children's primary right and duty, in turn, is to help their parents.

(3) Marriage may be contracted by civil or religious means. However, religious marriage is invalid until it is recognized by the civil authorities.

(4) Marriage between three or more persons can only be contracted by religious means.

Right to bear arms Right to conscientious objection Right to information Right to overthrow government Right to privacy Right to protect one's reputation Right to renounce citizenship Rights of children Rights of debtors

Social and Economic Rights Protection from expropriation Provisions for intellectual property Right to choose occupation Right to competitive marketplace Right to establish a business Right to own property Right to transfer property Access to higher education Compulsory education Free education Limits on employment of children Protection of consumers Protection of environment Right to enjoy the benefits of science Right to equal pay for work Right to health care Right to join trade unions Right to reasonable standard of living Right to rest and leisure Right to safe work environment Right to shelter Right to strike Right to work State support for children State support for the disabled State support for the elderly State support for the unemployed

Enforcement Human rights commission Ombudsman Right to amparo

Equality, Gender, and Minority Rights Citizenship of indigenous groups Equality for persons with disabilities Equality regardless of age Equality regardless of creed or belief Equality regardless of financial status Equality regardless of gender Equality regardless of language Equality regardless of nationality Equality regardless of origin Equality regardless of parentage Equality regardless of political party Equality regardless of race Equality regardless of religion Equality regardless of sexual orientation Equality regardless of skin color Equality regardless of social status Equality regardless of tribe or clan General guarantee of equality Indigenous right not to pay taxes Indigenous right to representation Indigenous right to self governance Indigenous right to vote Mentions of social class Protection of stateless persons Provision for matrimonial equality Restrictions on rights of groups Right to culture Right to self determination

Legal Procedural Rights Extradition procedure Guarantee of due process Jury trials required Presumption of innocence in trials Principle of no punishment without law Prison registry Privileges for juveniles in criminal process Prohibition of double jeopardy Protection from ex post facto laws Protection from false imprisonment Protection from self-incrimination Protection from unjustified restraint Protection of victim's rights Regulation of evidence collection Right to amparo Right to appeal judicial decisions Right to counsel Right to examine evidence/ witnesses Right to fair trial Right to pre-trial release Right to public trial Right to speedy trial Trial in native language of accused

Physical Integrity Rights Prohibition of capital punishment Prohibition of corporal punishment Prohibition of cruel treatment Prohibition of slavery Prohibition of torture Right to life

CHAPTER III: DUTIES OF THE CITIZEN

23. Duties of the Citizen

(1) It shall be the duty of every Congolese citizen to pledge allegiance to the Congo Free State, abide by this Constitution, respect the institutions created hereunder and safeguard the territorial integrity of the country.

(2) In particular every citizen shall:

(a) defend the country and respond to the call for national service within the terms of this Constitution and the law,

(b) abhor violence, promote harmony, fraternity and tolerance among all people of the Congo in order to transcend religious, regional, linguistic, and sectarian divisions,

(c) preserve public funds and assets and respect legal and financial obligations towards the State,

(d) avert and thwart corruption and sabotage,

(e) participate fully in the development of the country,

(f) take part in the general elections and referenda as stipulated in this Constitution and the law,

(g) abide by law and co-operate with the appropriate agencies in the maintenance of law and order,

(h) preserve the natural environment,

(i) generally, be guided and informed in his/her actions by the interests of the nation and the principles enshrined in this Constitution.

TITLE TWO: THE NATIONAL GOVERNMENT

Part I The Federal Legislature

General

18Constitution of the Federal Legislature

(1) There shall be a Federal Legislature for the Congo Free State, to be known as the Parliament. (2) Parliament shall consist of two Houses, that is to say, an upper house known as the Senate and a lower house known as the House of Representatives. (3) The Senate shall consist of an equal number of members (who shall be styled "Senators") for each Province, being not less than, and as near as may be one-half of, the number of membersof the House of Representatives in number. (4) The House of Representatives shall consist of not less than two hundred and fifty nor more than five hundred and seventy-five members (who shall be styled "Representatives"). (3)The said Senators and Representatives shall be chosen in accordance with the provisions in that behalf contained in the First Schedule to this Act. (4)The Senators shall serve for a term of nine years from the day on which they are elected, but as near as may be one-third thereof shall retire in every third year. (5)The House of Representatives, unless sooner dissolved, shall continue for a term of four years from the day on which it is elected.

18A. Qualification for the Parliament

(1) A person shall not be qualified to be chosen to fill a seat in the Parliament unless he—

(a)is a Congolese Citizen; and

(b)is, in the case of a seat in the case of a seat in the Senate, not less than thirty years of age and, in the case of a seat in the House of Representatives, not less than twenty-five years of age; and

(c)possesses such, if any, of the other qualifications specified in, or prescribed under, the First Schedule as may be appropriate in his case:

Provided that a citizen, subject or other national of any foreign State—

(i) shall not be disqualified under sub-paragraph (a) of this paragraph to fill a seat allocated to a Province if he would be eligible to be elected to the Legislative Assembly of that Province.

(2) Upon the expiration of the term for which he is chosen to serve as a member of the Parliament, a person, if otherwise duly qualified, shall be eligible to be chosen to serve for a further term.

19Sessions of the Legislature, prorogation and dissolution

(1) The Parliament shall hold two ordinary sessions in every year, one of which shall begin on the last Monday in May, and the other shall begin on the last Monday in November; a session shall continue for not less than twelve nor more than sixteen weeks.

(2) The Houses of Parliament shall convene, for the purposes of opening an ordinary session, at ten o'clock in the morning of the day on which an ordinary session commences.

(3) Subject to the provisions of this Article, the President may in his discretion from time to time—

(a) summon the Chambers or either Chamber to meet for an extraordinary session;

(b)prorogue the Chambers; (c)dissolve the Federal Assembly.

(3)The Chambers shall be summoned to meet for their first session on a day not later than such day as may be specified in that behalf in His Majesty's Proclamation establishing the Federation.

20Right of Governor-General to address, and send messages to, Chambers

(1)The Governor-General may in his discretion address either Chamber of the Federal Legislature or both Chambers assembled together, and for that purpose require the attendance of members. (2)The Governor-General may in his discretion send messages to either Chamber of the Federal Legislature, whether with respect to a Bill then pending in the Legislature or otherwise, and a Chamber to whom any message is so sent shall with all convenient dispatch consider any matter which they are required by the message to take into consideration. 21Rights of ministers, counsellors and Advocate-General as respects Chambers

Every minister, every counsellor and the Advocate-General shall have the right to speak in, and otherwise to take part in the proceedings of, either Chamber, any joint sitting of the Chambers, and any committee of the Legislature of which he may be named a member, but shall not by virtue of this section be entitled to vote.

22Officers of Chambers

(1) Each House of Parliament shall elect, in accordance with its standing orders and as soon as may be, two of its members to be respectively Chairman and Vice-Chairman thereof, and so often as the office of Chairman or Vice-Chairman becomes vacant, the relevant House shall elect another member to be Chairman or Vice-Chairman, as the case may be.

(2) For the avoidance of doubt, it is hereby declared that the Vice-Chairman of a House of Parliament shall be a Deputy Chairman of that House. The relevant House may also elect additional Deputy Chairmen from among its members in accordance with its standing orders, provided that there shall be elected at least five such Deputy Chairmen.

(3) A member holding office as Chairman or Deputy Chairman of a House of Parliament:

(a) shall vacate his office if whenever elections are held to the Relevant House, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.

(a) shall vacate his office if he ceases to be a member of the relevant House for any toher reason;

(b) may at any time resign his office by writing under his hand addressed to the relevant House; and

(c) may be removed from his office by a resolution of the relevant House passed by a majority of all the then members of the House, but no resolution for the purpose of this subsection shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution.

(3)

(a) Whenever the Chairman of a House leaves the Congo Free State, the person designated in section (5) shall serve as Acting Chairman until his return.

(b) Whenever the Chairman of a House notifies the Presidium of the relevant House, or the Presidium decides, that for reasons of health the Chairman is temporarily unable to carry out his functions, the person designated in section (5) shall serve as Acting Chairman until the Chairman notifies the Presidium, or the Presidium decides, that the Chairman is no longer unable to carry out his functions.

(4)

(a) While the office of Chairman of a House is vacant - because the Chairman has resigned, has died, or has otherwise been removed from office, or because the Presidium of the relevant House has decided that for reasons of health he is permanently unable to carry out his functions - the duties of the office shall be performed by an Interim Chairman.

(b) The office of Interim Chairman shall be filled by the person designated in section (5).

(5) The first of the following persons who is present and able to act shall serve as Acting Chairman, or fill the office of Interim Chairman, as the case may be:

(a) the Vice-Chairman;

(b) the most senior of the other Deputy Chairmen, in accordance with the order of their seniority (that is to say, the length of their membership in Parliament, whether continuously or cumulatively and whether in one House or another), and if two or more Deputy Chairmen have equal seniority, the older shall take precedence over the younger.

(6) During his tenure as such, an Acting Chairman or Interim Chairman of a House shall serve in every capacity assigned to the Chairman by law, shall carry out every function imposed upon the Chairman by law and shall exercise every power vested in the Chairman by law.

(7) The provisions of this section shall also apply, mutatis mutandis, if the circumstances envisaged in subsection (a), (b) or (c) with regard to the Chairman of the Knesset exist with regard to a Vice-Chairman who is serving as Acting Chairman or Interim Chairman.".

(4)There shall be paid to the President and the Deputy President of the Council of State such salaries as may be respectively fixed by Act of the Federal Legislature, and, until provision in that behalf is so made, such salaries as the Governor-General may determine. (5)The foregoing provisions of this section shall apply in relation to the Federal Assembly as they apply in relation to the Council of State with the substitution of the titles “Speaker”and " Deputy Speaker " for the titles " President" and " Deputy President" respectively, and with the substitution of references to the Assembly for references to the Council:

23Presiding and voting in Houses, power of Houses to act notwithstanding vacancies, and quorum

(1)

(a) The Chairman of a House shall preside over the sitting of the relevant House.

(b) Where, in a sitting of a House, the Chairman is not present, the first person eligible to to serve as Acting Chairman, or fill the office of Interim Chairman who is present, or if no such person is present, such person as may be determined by the standing orders of the House, or, if no such person is present, such other person as may be determined by the House, shall serve as Chairman-pro-Tempore for that sitting, and preside over that sitting in his capacity as such.

(2) Save as provided in the last preceding section, all questions at any sitting or joint sitting of Parliament shall be determined by a majority of votes of the members present and voting, other than the Chairman or Chairman-pro-Tempore. The Chairman shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes; and a Chairman-pro-Tempore shall both vote in the first instance and have and exercise a casting vote in the case of an equality of votes.

(3) Parliament shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in Parliament shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.

(4) If at any time during a meeting of a House less than one-sixth of the total number of members of the House are present, it shall be the duty of the Chairman or Chairman-pro-Tempore:

(a) to adjourn the House; or

(b) to suspend the meeting until at least one-sixth of the members are present, with or without compelling the attendance of absent members.

Provisions as to Members of Legislature

24Oath of members

Every member of either House shall, before taking his seat, make and subscribe before the Governor-General, or some person appointed by him, an oath according to that one of the forms set out in the Fourth Schedule to this Act which the member accepts as appropriate in his case.

25Vacation of seats

(1)No person shall be a member of both Chambers, and rules made by the Governor-General exercising his individual judgment shall provide for the vacation by a person who is chosen a member of both Chambers of his seat in one Chamber or the other. (2)If a member of either Chamber— (a)becomes subject to any of the disqualifications mentioned in subsection (1) of the next succeeding section; or (b)by writing under his hand addressed to the Governor-General resigns his seat,his seat shall thereupon become vacant. (3)If for sixty days a member of either Chamber is without permission of the Chamber absent from all meetings thereof, the Chamber may declare his seat vacant:Provided that in computing the said period of sixty days no account shall be taken of any period during which the Chamber is prorogued, or is adjourned for more than four consecutive days. 26Disqualifications for membership

(1)A person shall be disqualified for being chosen as, and for being, a member of either Chamber— (a)if he holds any office of profit under the Crown in India, other than an office declared by Act of the Federal Legislature not to disqualify its holder; (b)if he is of unsound mind and stands so declared by a competent court; (c)if he is an undischarged insolvent; (d)if, whether before or after the establishment of the Federation, he has been convicted, or has, in proceedings for questioning the validity or regularity of an election, been found to have been guilty, of any offence or corrupt or illegal practice relating to elections which has been declared by Order in Council or by an Act of the Federal Legislature to be an offence or practice entailing disqualification for membership of the Legislature, unless such period has elapsed as may be specified in that behalf by the provisions of that Order or Act; (e)if, whether before or after the establishment of the Federation, he has been convicted of any other offence by a court in British India or in a State which is a Federated State and sentenced to transportation or to imprisonment for not less than two years, unless a period of five years, or such less period as the Governor-General, acting in his discretion, may allow in any particular case, has elapsed since his release; (f)if, having been nominated candidate for the Federal or any Provincial Legislature or having acted as an election agent of any person so nominated, he has failed to lodge a return of election expenses within the time and in the manner required by any Order in Council made under this Act or by any Act of the Federal or the Provincial Legislature, unless five years have elapsed from the date by which the return ought to have been lodged or the Governor-General, acting in his discretion, has removed the disqualification :Provided that a disqualification under paragraph (f) of this subsection shall not take effect until the expiration of one month from the date by which the return ought to have been lodged or of such longer period as the Governor-General, acting in his discretion, may in any particular case allow. (2)A person shall not be capable of being chosen a member of either Chamber while he is serving a sentence of transportation or of imprisonment for a criminal offence. (3)Where a person who, by virtue of a conviction or a conviction and a sentence, becomes disqualified by virtue of paragraph (d) or paragraph (e) of subsection (1) of this section is at the date of the disqualification a member of the Legislature, his seat shall, notwithstanding anything in this or the last preceding section, not become vacant by reason of the disqualification until three months have elapsed from the date thereof or, if within those three months an appeal or petition for revision is brought in respect of the conviction or the sentence, until that appeal or petition is disposed of, but during any period during which his membership is preserved by this subsection he shall not sit or vote. (4)For the purposes of this section a person shall not be deemed to hold an office of profit under the Crown in India by reason only that— (a)he is a minister either for the Federation or for a Province; or (b)while serving a State, he remains a member of one of the services of the Crown in India and retains all or any of his rights as such. 27Penalty for sitting and voting when not qualified, or when disqualified

If a person sits or votes as a member of either Chamber when he is not qualified or is disqualified for membership thereof, or when he is prohibited from so doing by the provisions of subsection (3) of the last preceding section, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Federation. 28Privileges, &c. of members

(1)Subject to the provisions of this Act and to the rules and standing orders regulating the procedure of the Federal Legislature, there shall be freedom of speech in the Legislature, and no member of the Legislature shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either Chamber of the Legislature of any report, paper, votes or proceedings. (2)In other respects, the privileges of members of the Chambers shall be such as may from time to time be defined by Act of the Federal Legislature and, until so defined, shall be such as were immediately before the establishment of the Federation enjoyed by members of the Indian Legislature. (3)Nothing in any existing Indian Act, and, notwithstanding anything in the foregoing provisions of this section, nothing in this Act, shall be construed as conferring, or empowering the Federal Legislature to confer, on either Chamber or on both Chambers sitting together, or on any committee or officer of the Legislature, the status of a court, or any punitive or disciplinary powers other than a power to remove or exclude persons infringing the rules or standing orders, or otherwise behaving in a disorderly manner. (4)Provision may be made by an Act of the Federal Legislature for the punishment, on conviction before a court, of persons who refuse to give evidence or produce documents before a committee of a Chamber when duly required by the chairman of the committee so to do :Provided that any such Act shall have effect subject to such rules for regulating the attendance before such committees of persons who are, or have been, in the service of the Crown in India, and safeguarding confidential matter from disclosure, as may be made by the Governor-General exercising his individual judgment. (5)The provisions of subsections (1) and (2) of this section shall apply in relation to persons who by virtue of this Act have the right to speak in, and otherwise take part in the proceedings of, a Chamber as they apply in relation to members of the Legislature. 29Salaries and allowances of members

Members of either Chamber shall be entitled to receive such salaries and allowances as may from time to time be determined by Act of the Federal Legislature and, until provision in that respect is so made, allowances at such rates and upon such conditions as were immediately before the date of the establishment of the Federation applicable in the case of members of the Legislative Assembly of the Indian Legislature. Legislative Procedure

30Provisions as to introduction and passing of Bills

(1)Subject to the special provisions of this Part of this Act with respect to financial Bills, a Bill may originate in either Chamber. (2)Subject to the provisions of the next succeeding section, a Bill shall not be deemed to have been passed by the Chambers of the Legislature unless it has been agreed to by both Chambers, either without amendment or with such amendments only as are agreed to by both Chambers. (3)A Bill pending in the Legislature shall not lapse by reason of the prorogation of the Chambers. (4)A Bill pending in the Council of State which has not been passed by the Federal Assembly shall not lapse on a dissolution of the Assembly. (5)A Bill which is pending in the Federal Assembly or which having been passed by the Federal Assembly is pending in the Council of State shall, subject to the provisions of the next succeeding section, lapse on a dissolution of the Assembly. 31Joint sittings of both Chambers in certain cases

(1)If after a Bill has been passed by one Chamber and transmitted to the other Chamber—

(a)the Bill is rejected by the other Chamber; or (b)the Chambers have finally disagreed as to the amendments to be made in the Bill; or (c)more than six months elapse from the date of the reception of the Bill by the other Chamber without the Bill being presented to the Governor-General for his assent,the Governor-General may, unless the Bill has lapsed by reason of a dissolution of the Assembly, notify to the Chambers, by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill: Provided that, if it appears to the Governor-General that the Bill relates to finance or to any matter which affects the discharge of his functions in so far as he is by or under this Act required to act in his discretion or to exercise his individual judgment, he may so notify the Chambers notwithstanding that there has been no rejection of or final disagreement as to the Bill and notwithstanding that the said period of six months has not elapsed, if he is satisfied that there is no reasonable prospect of the Bill being presented to him for his assent without undue delay. In reckoning any such period of six months as is referred to in this subsection, no account shall be taken of any time during which the Legislature is prorogued or during which both Chambers are adjourned for more than four days. (2)Where the Governor-General has notified his intention of summoning the Chambers to meet in a joint sitting, neither Chamber shall proceed further with the Bill, but the Governor-General may at any time in the next session after the expiration of six months from the date of his notification summon the Chambers to meet in a joint sitting for the purpose specified in his notification and, if he does so, the Chambers shall meet accordingly :Provided that, if it appears to the Governor-General that the Bill is such a Bill as is mentioned in the proviso to subsection (1) of this section, he may summon the Chambers to meet in a joint sitting for the purpose aforesaid at any date, whether in the same session or in the next session. (3)The functions of the Governor-General under the provisos to the two last preceding subsections shall be exercised by him in his discretion. (4)If at the joint sitting of the two Chambers the Bill, with such amendments, if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both Chambers present and voting, it shall be deemed for the purposes of this Act to have been passed by both Chambers :Provided that at a joint sitting— (a)if the Bill, having been passed by one Chamber, has not been passed by the other Chamber with amendments and returned to the Chamber in which it originated, no amendment shall be proposed to the Bill other than such amendments (if any) as are made necessary by the delay in the passage of the Bill; (b)if the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to the Bill and such other amendments as are relevant to the matters with respect to which the Chambers have not agreed,and the decision of the person presiding as to the amendments which are admissible under this subsection shall be final. (5)A joint sitting may be held under this section and a Bill passed thereat notwithstanding that a dissolution of the Assembly has intervened since the Governor-General notified his intention to summon the Chambers to meet therein.

32Assent to Bills and power of Crown to disallow Acts

(1) When a Bill has been passed by the Chambers, it shall be presented to the President of the Republic, and the President of the Republic shall, within twenty-one days of the bill's presentation, signify in his discretion to the Prime Minister and the Chairman of each House of the Parliament, in writing under his hand and Seal:

(a) that he assents to the Bill;

(b) that he assents to a part only of the Bill and withholds assent from the remainder;

(c) that he withholds assent from the bill; or

(d) that he reserves the Bill for the ascertainment of the will of the people thereon.

(2) On the signifying by the President of the Republic of his assent to a Bill or to a part thereof, the Bill or that part thereof, as the case may be, shall be signed by the President of the Republic, shall become and be law as on and from the day on which it is so signed, and shall, unless the contrary intention appears, come into operation on that day.

(3)

(a) On the signifying by the President of the Republic of his withdrawal of assent from a Bill or from a part thereof, the Bill or that part thereof, as the case may be, shall be returned to the Houses, and the Houses shall proceed to reconsider the Bill or that part thereof.

(b) On the approval of a Bill or of a part thereof, after reconsideration by the Houses, by a Majority of one-half of all their members, and of two-thirds of members present and voting, the Bill or that part thereof, as the case may be, shall be signed by the President of the Republic, shall become and be law as on and from the day on which it is so signed, and shall, unless the contrary intention appears, come into operation on that day.

(c) The President of the Republic may request the Houses to consider, in particular, the desirability of introducing any such amendments as he may recommend to the Bill in his request, and any such request will be transmitted alongside the returned Bill or part thereof.

(4) A Bill reserved for the ascertainment of the will of the people thereon shall not become law unless and until, within twelve months from the date of the President of the Republic's decision to reserve the Bill, it is made known by public notification that the Bill has been approved by the people at a Referendum.

(5) Where the President of the Republic does not act on a Bill within twenty-one days of the bill's presentation, the said bill shall become and be law as on and from the day of expiration of the said period of twenty-one days, and shall, unless the contrary intention appears, come into operation on that day.

assented to by the Governor-General may be disallowed by His Majesty within twelve months from the day of the Governor-General's assent, and where any Act is so disallowed the Governor-General shall forthwith make the disallowance known by public notification, and as from the date of the notification the Act shall become void.

32A. Promulgation and Enrollment of Acts

(1) Every Bill which becomes law under this Constitution shall be referred to as an "Act" and be promulgated by the Prime Minister and the Presiding Officer of each House of the Parliament as a law by the publication by their direction of a notice in the Bulletin officiel de l'État indépendant du Congo stating that the Bill has become law.

(2) As soon as may be after the promulgation of an Act, three fair copies of such Act in the text it became law (one being in the English, one in the French, and one in the Dutch language) shall be enrolled for record in the office of the Registrar of the Supreme Court, and such copies shall be conclusive evidence as to the provisions of every such Act.

Procedure in Financial matters

33Annual financial statement

(1)The Governor-General shall in respect of every financial year cause to be laid before both Chambers of the Federal Legislature a statement of the estimated receipts and expenditure of the Federation for that year, in this Part of this Act referred to as the " annual financial statement." (2)The estimates of expenditure embodied in the annual financial statement shall show separately— (a)the sums required to meet expenditure described by this Act as expenditure charged upon the revenues of the Federation; and (b)the sums required to meet other expenditure proposed to be made from the revenues of the Federation,and shall distinguish expenditure on revenue account from other expenditure, and indicate the sums, if any, which are included solely because the Governor-General has directed their inclusion as being necessary for the due discharge of any of his special responsibilities. (3)The following expenditure shall be expenditure charged on the revenues of the Federation :— (a)the salary and allowances of the Governor-General and other expenditure relating to his office for which provision is required to be made by Order in Council; (b)debt charges for which the Federation is liable, including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt; (c)the salaries and allowances of ministers, of counsellors, of the financial adviser, of the advocate-general, of chief commissioners, and of the staff of the financial adviser; (d)the salaries, allowances, and pensions payable to or in respect of judges of the Federal Court, and the pensions payable to or in respect of judges of any High Court; (e)expenditure for the purpose of the discharge by the Governor-General of his functions with respect to defence and ecclesiastical affairs, his functions with respect to external affairs in so far as he is by or under this Act required in the exercise thereof to act in his discretion, his functions in or in relation to tribal areas, and his functions in relation to the administration of any territory in the direction and control of which he is under this Act required to act in his discretion : provided that the sum so charged in any year in respect of expenditure on ecclesiastical affairs shall not exceed forty-two lakhs of rupees, exclusive of pension charges ; (f)the sums payable to His Majesty under this Act out of the revenues of the Federation in respect of the expenses incurred in discharging the functions of the Crown in its relations with Indian States; (g)any grants for purposes connected with the administration of any areas in a Province which are for the time being excluded areas; (h)any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal; (i)any other expenditure declared by this Act or any Act of the Federal Legislature to be so charged. (4)Any question whether any proposed expenditure falls within a class of expenditure charged on the revenues of the Federation shall be decided by the Governor-General in his discretion. 34Procedure in Legislature with respect to estimates

(1)So much of the estimates of expenditure as relates to expenditure charged upon the revenues of the Federation shall not be submitted to the vote of the Legislature, but nothing in this subsection shall be construed as preventing the discussion in either Chamber of the Legislature of any of those estimates other than estimates relating to expenditure referred to in paragraph (a) or paragraph (f) of subsection (3) of the last preceding section. (2)So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Federal Assembly and thereafter to the Council of State, and either Chamber shall have power to assent or to refuse to assent to any demand, or to assent to any demand subject to a reduction of the amount specified therein:Provided that, where the Assembly have refused to assent to any demand, that demand shall not be submitted to the Council of State, unless the Governor-General so directs and, where the Assembly have assented to a demand subject to a reduction of the amount specified therein, a demand for the reduced amount only shall be submitted to the Council of State, unless the Governor-General otherwise directs; and where, in either of the said cases, such a direction is given, the demand submitted to the Council of State shall be for such amount, not being a greater amount than that originally demanded, as may be specified in the direction. (3)If the Chambers differ with respect to any demand the Governor-General shall summon the two Chambers to meet in a joint sitting for the purpose of deliberating and voting on the demand as to which they disagree, and the decision of the majority of the members of both Chambers present and voting shall be deemed to be the decision of the two Chambers. (4)No demand for a grant shall be made except on the recommendation of the Governor-General. 35Authentication of schedule of authorised expenditure

(1)The Governor-General shall authenticate by his signature a schedule specifying— (a)the grants made by the Chambers under the last preceding section; (b)the several sums required to meet the expenditure charged on the revenues of the Federation but not exceeding, in the case of any sum, the sum shown in the statement previously laid before the Legislature :Provided that, if the Chambers have not assented to any demand for a grant or have assented subject to a reduction of the amount specified therein, the Governor-General may, if in his opinion the refusal or reduction would affect the due discharge of any of his special responsibilities, include in the schedule such additional amount, if any, not exceeding the amount of the rejected demand or the reduction, as the case may be, as appears to him necessary in order to enable him to discharge that responsibility. (2)The schedule so authenticated shall be laid before both Chambers but shall not be open to discussion or vote therein. (3)Subject to the provisions of the next succeeding section, no expenditure from the revenues of the Federation shall be deemed to be duly authorised unless it is specified in the schedule so authenticated. 36Supplementary statements of expenditure

If in respect of any financial year further expenditure from the revenues of the Federation becomes necessary over and above the expenditure theretofore authorised for that year, the Governor-General shall cause to be laid before both Chambers of the Federal Legislature a supplementary statement showing the estimated amount of that expenditure, and the provisions of the preceding sections shall have effect in relation to that statement and that expenditure as they have effect in relation to the annual financial statement and the expenditure mentioned therein. 37Special provisions as to financial Bills

(1)A Bill or amendment making provision— (a)for imposing or increasing any tax; or (b)for regulating the borrowing of money or the giving of any guarantee by the Federal Government, or for amending the law with respect to any financial obligations undertaken or to be undertaken by the Federal Government; or (c)for declaring any expenditure to be expenditure charged on the revenues of the Federation, or for increasing the amount of any such expenditure,shall not be introduced or moved except on the recommendation of the Governor-General, and a Bill making such provision shall not be introduced in the Council of State. (2)A Bill or amendment shall not be deemed to make provision for any of the purposes aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered. (3)A Bill which, if enacted and brought into operation, would involve expenditure from the revenues of the Federation shall not be passed by either Chamber unless the Governor-General has recommended to that Chamber the consideration of the Bill. Procedure generally

38Rules of procedure

(1)Each Chamber of the Federal Legislature may make rules for regulating, subject to the provisions of this Act, their procedure and the conduct of their business :Provided that as regards each Chamber the Governor-General shall in his discretion, after consultation with the President or the Speaker, as the case may be, make rules— (a)for regulating the procedure of, and the conduct of business in, the Chamber in relation to any matter which affects the discharge of his functions in so far as he is by or under this Act required to act in his discretion or to exercise his individual judgment; (b)for securing the timely completion of financial business; (c)for prohibiting the discussion of, or the asking of questions on, any matter connected with any Indian State, other than a matter with respect to which the Federal Legislature has power to make laws for that State, unless the Governor-General in his discretion is satisfied that the matter affects Federal interests or affects a British subject, and has given his consent to the matter being discussed or the question being asked; (d)for prohibiting, save with the consent of the Governor-General in his discretion,— (i)the discussion of, or the asking of questions on, any matter connected with relations between His Majesty or the Governor-General and any foreign State or Prince; or (ii)the discussion, except in relation to estimates of expenditure, of, or the asking of questions on, any matter connected with the tribal areas or the administration of any excluded area; or (iii)the discussion of, or the asking of questions on, any action taken in his discretion by the Governor-General in relation to the affairs of a Province; or (iv)the discussion of, or the asking of questions on, the personal conduct of the Ruler of any Indian State, or of a member of the ruling family thereof;and, if and in so far as any rule so made by the Governor-General is inconsistent with any rule made by a Chamber, the rule made by the Governor-General shall prevail. (2)The Governor-General, after consultation with the President of the Council of State and the Speaker of the Legislative Assembly, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Chambers. The said rules shall make such provision for the purposes specified in the proviso to the preceding subsection as the Governor-General in his discretion may think fit. (3)Until rules are made under this section, the rules of procedure and standing orders in force immediately before the establishment of the Federation with respect to the Indian Legislature shall have effect in relation to the Federal Legislature subject to such modifications and adaptations as may be made therein by the Governor-General in his discretion. (4)At a joint sitting of the two Chambers the President of the Council of State, or in his absence such person as may be determined by rules of procedure made under this section, shall preside. 39English to be used in the Federal Legislature

All proceedings in the Federal Legislature shall be conducted in the English language : Provided that the rules of procedure of each Chamber and the rules with respect to joint sittings shall provide for enabling persons unacquainted, or not sufficiently acquainted, with the English language to use another language. 40Restrictions on discussion in the Legislature

(1)No discussion shall take place in the Federal Legislature with respect to the conduct of any judge of the Federal Court or a High Court in the discharge of his duties. In this subsection the reference to a High Court shall be construed as including a reference to any court in a Federated State which is a High Court for any of the purposes of Part IX of this Act. (2)If the Governor-General in his discretion certifies that the discussion of a Bill introduced or proposed to be introduced in the Federal Legislature, or of any specified clause of a Bill, or of any amendment moved or proposed to be moved to a Bill, would affect the discharge of his special responsibility for the prevention of any grave menace to the peace or tranquillity of India or any part thereof, he may in his discretion direct that no proceedings, or no further proceedings, shall be taken in relation to the Bill, clause or amendment, and effect shall be given to the direction. 41Courts not to inquire into proceedings of the Legislature

(1)The validity of any proceedings in the Federal Legislature shall not be called in question on the ground of any alleged irregularity of procedure. (2)No officer or other member of the Legislature in whom powers are vested by or under this Act for regulating procedure or the conduct of business, or for maintaining order, in the Legislature shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.

Part II The Federal Executive

General

7Functions of Governor-General

(1)Subject to the provisions of this Act, the executive authority of the Federation shall be vsted in and exercised by the President of the Republic, either directly or through officers subordinate to him, but nothing in this section shall prevent the Federal Legislature from conferring functions upon subordinate authorities, or be deemed to transfer to the President of the Republic any functions conferred by any existing Indian law on any court, judge or officer, or on any local or other authority. (2)References in this Act to the functions of the President of the Republic shall be construed as references to his powers and duties in the exercise of the executive authority of the Federation and to any other powers and duties conferred or imposed on him as President of the Republic by or under this Act. (3)The provisions of the Third Schedule to this Act shall have effect with respect to the salary and allowances of the Governor-General and the provision to be made for enabling him to discharge conveniently and with dignity the duties of his office. 8Extent of executive authority of the Federation

(1)Subject to the provisions of this Act, the executive authority of the Federation extends— (a)to the matters with respect to which the Federal Legislature has power to make laws; (b)to the raising in British India on behalf of His Majesty of naval, military and air forces and to the governance of His Majesty's forces borne on the Indian establishment; (c)to the exercise of such rights, authority and jurisdiction as are exercisable by His Majesty by treaty, grant, usage, sufferance, or otherwise in and in relation to the tribal areas :Provided that— (i)the said authority does not, save as expressly provided in this Act, extend in any Province to matters with respect to which the Provincial Legislature has power to make laws; (ii)the said authority does not, save as expressly provided in this Act, extend in any Federated State save to matters with respect to which the Federal Legislature has power to make laws for that State, and the exercise thereof in each State shall be subject to such limitations, if any, as may be specified in the Instrument of Accession of the State; (iii)the said authority does not extend to the enlistment or enrolment in any forces raised in India of any person unless he is either a subject of His Majesty or a native of India or of territories adjacent to India; and (iv)commissions in any such force shall be granted by His Majesty save in so far as he may be pleased to delegate that power by virtue of the provisions of Part I of this Act or otherwise. (2)The executive authority of the Ruler of a Federated State shall, notwithstanding anything in this section, continue to be exercisable in that State with respect to matters with respect to which the Federal Legislature has power to make laws for that State except in so far as the executive authority of the Federation becomes exercisable in the State to the exclusion of the executive authority of the Ruler by virtue of a Federal law.

The President of the Republic

Head of State (1) The President of the Republic shall be the Head of State. (3) The President of the Republic shall be chosen in accordance with the provisions in that behalf contained in the First Schedule to this Act.

18A. Qualification for the Parliament

(1) A person shall not be qualified to be chosen to fill the office of President of the Republic unless he—

(a)is a Congolese Citizen and has been so at the adoption of this Constitution or in at least seven years out of the ten receeding his nomination; and

(b)is not less than thirty-five years of age; and

(c)possesses such, if any, of the other qualifications specified in, or prescribed under, the First Schedule as may be appropriate in his case.

(2) Upon the expiration of the term for which he is chosen to serve as President of the Republic, a person, if otherwise duly qualified, shall be eligible to be chosen to serve for a further term.

Oath or affirmation

78. The President-elect shall, before formally assuming office, make and subscribe an oath or solemn affirmation in the terms set out in Schedule 3 before the Chief Justice or a judge of the Supreme Court designated by the Chief Justice for this purpose.

Remuneration of President

79. There shall be paid to the President out of and as a charge on the National Revenue Fund and apart from any privilege which he or she may enjoy, such remuneration and allowances, and upon his or her retirement, or to his or her widow or widower on his or her death, such pension and pension benefits, as may be determined from time to time by resolution of Parliament.

Responsibilities of President

81. (1) The President shall be responsible for the observance of the provisions of this Constitution by the executive and shall as head of state defend and uphold the Constitution as the supreme law of the land.

(2) The President shall with dignity provide executive leadership in the interest of national unity in accordance with this Constitution and the law of the Republic.

(3) The President shall not hold any other public office and shall not perform remunerative work outside the duties of his or her office.

Powers and functions of President

82. (1) The President shall be competent to exercise and perform the following powers and functions, namely—

(a) to assent to, sign and promulgate Bills duly passed by Parliament;

(c) to convene meetings of the Cabinet;

(d) to refer disputes of a constitutional nature between parties represented in Parliament or between organs of state at any level of government to the Constitutional Court or other appropriate institution, commission or body for resolution;

(e) to confer honours;

(f) to appoint, accredit, receive and recognise ambassadors, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers;

(g) to appoint commissions of enquiry;

(h) to make such appointments as may be necessary under powers conferred upon him or her by this Constitution or any other law; (i)

to negotiate and sign international agreements; (j)

to proclaim referenda and plebiscites in terms of this Constitution or an Act of Parliament; and (k)

to pardon or reprieve offenders, either unconditionally or subject to such conditions as he or she may deem fit, and to remit any fines, penalties or forfeitures.

(2) The President shall consult the Council of Ministers—

(a) in the development and execution of the policies of the national government; (b) in all matters relating to the management of the Council of Ministers and the performance of Council of Ministers business; (c) in the assignment and allocation of functions contemplated in section 84(5) to an Executive Deputy President; (d) regarding appointments under subsection (1)(f); and (e)

before exercising any of the competences referred to in subsection (1)(g) to (k). (3) The President shall exercise and perform all powers and functions assigned to him or her by this Constitution or any other law, except those specified in subsections (1) and (2) or where otherwise expressly or by implication provided in this Constitution, in consultation with the Cabinet: Provided that the Cabinet may delegate its consultation function in terms of this subsection, with reference to any particular power or function of the President, to any Minister or Ministers.

(4) (a) The President shall be the Commander-in-Chief of the National Defence Force.

(b) The President may—

(i)

with the approval of Parliament, declare a state of national defence; (ii)

employ the National Defence Force in accordance with and subject to sections 227 and 228; and (iii)

confer upon members of the National Defence Force permanent commissions and cancel such commissions.

Confirmation of executive acts of President

83. (1) Decisions of the President taken in terms of section 82 shall be expressed in writing under his or her signature.

(2) Any instrument signed by the President in the exercise or performance of a power or function referred to in section 82(3) shall be countersigned by a Minister.

(3) The signature of the President on any instrument shall be confirmed by the seal of the Republic.

Administration of Federal Affairs

9Council of ministers

(1)There shall be a council of ministers to aid and advise the President of the Republic in the exercise of his functions, except in so far as he is by or under this Act required to exercise his functions or any of them in his discretion : Provided that nothing in this subsection shall be construed as preventing the Governor-General from exercising his individual judgment in any case where by or under this Act he is required so to do.

(1) The Council of ministers shall consist of the President of the Republic, the Vice-President of the Republic, the Prime Minister, the Deputy Prime Ministers and not more than 27 Ministers.

(2) A party holding at least 20 seats in the National Assembly and which has decided to participate in the government, shall be entitled to be allocated one or more of the Cabinet portfolios in proportion to the number of seats held by it in the National Assembly relative to the number of seats held by the other participating parties:

Provided that the President may, after consultation with the leaders of the participating parties

Provided that the President shall, after consultation with the Executive Deputy Presidents and the leaders of the participating parties—

(a)

determine the specific portfolios to be allocated to the respective participating parties in accordance with the number of portfolios allocated to them in terms of subsection (3); (b)

appoint in respect of each such portfolio a member of Parliament who is a member of the party to which that portfolio was allocated under paragraph (a), as the Minister responsible for that portfolio; (c)

if it becomes necessary for the purposes of this Constitution or in the interest of good government, vary any determination under paragraph (a) subject to subsection (3); (d)

terminate any appointment under paragraph (b)— (i)

if he or she is requested to do so by the leader of the party of which the Minister in question is a member; or (ii)

if it becomes necessary for the purposes of this Constitution or in the interest of good government; or (e)

fill, when necessary, subject to paragraph (b), a vacancy in the office of Minister. (5) Subsection (4) shall be implemented in the spirit underlying the concept of a government of national unity, and the President and the other functionaries concerned shall in the implementation of that subsection endeavour to achieve consensus at all times: Provided that if consensus cannot be achieved on—

(a)

the exercise of a power referred to in paragraph (a), (c) or (d)(ii) of that subsection, the President’s decision shall prevail; (b)

the exercise of a power referred to in paragraph (b), (d)(i) or (e) of that subsection affecting a person who is not a member of the President’s party, the decision of the leader of the party of which such person is a member shall prevail; and (c)

the exercise of a power referred to in paragraph (b) or (e) of that subsection affecting a person who is a member of the President’s party, the President’s decision shall prevail. (6) If any determination of portfolio allocations is varied under subsection (4)(c), the affected Ministers shall vacate their portfolios but shall be eligible, where applicable, for re-appointment to other portfolios allocated to their respective parties in terms of the varied determination.

(7) A Minister shall, before formally assuming office, make and subscribe an oath or solemn affirmation in the terms set out in Schedule 3 before the Chief Justice or a judge of the Supreme Court designated by the Chief Justice for this purpose.

(8) No member of the Cabinet may take up any other paid employment, engage in activities inconsistent with his or her membership of the Cabinet, or expose himself or herself to any situation which carries with it the risk of a conflict between his or her responsibilities as a member of the Cabinet and his or her private interests.

(9) No member of the Cabinet shall use his or her position as such, or directly or indirectly use information entrusted confidentially to him or her in such capacity, to enrich himself or herself or any other person.

(10) There shall be paid out of and as a charge on the National Revenue Fund to an Executive Deputy President or a Minister such remuneration and allowances, and upon his or her retirement, or to his or her widow or widower upon his or her death, such pension and pension benefits, as may be prescribed by an Act of Parliament.

(2)The Governor-General in his discretion may preside at meetings of the council of ministers. (3)If any question arises whether any matter is or is not a matter as respects which the Governor-General is by or under this Act required to act in his discretion or to exercise his individual judgment, the decision of the Governor-General in his discretion shall be final, and the validity of anything done by the Governor-General shall not be called in question on the ground that he ought or ought not to have acted in his discretion, or ought or ought not to have exercised his individual judgment.

Executive Deputy Presidents

84. (1) Every party holding at least 80 seats in the National Assembly shall be entitled to designate an Executive Deputy President from among the members of the National Assembly.

(2) Should no party or only one party hold 80 or more seats in the National Assembly, the party holding the largest number of seats and the party holding the second largest number of seats shall each be entitled to designate one Executive Deputy President from among the members of the National Assembly.

(3) On being designated as such, an Executive Deputy President may elect to vacate or not to vacate his or her seat in the National Assembly.

(4) Section 81 shall apply mutatis mutandis to an Executive Deputy President.

(5) An Executive Deputy President may exercise the powers and shall perform the functions vested in the office of Executive Deputy President by this Constitution or assigned to him or her by the President.

(6) An Executive Deputy President shall, before formally assuming office, make and subscribe an oath or solemn affirmation in the terms set out in Schedule 3 before the Chief Justice or a judge of the Supreme Court designated by the Chief Justice for this purpose.

Tenure of office of Executive Deputy Presidents and filling of vacancies

85. (1) An Executive Deputy President shall, subject to section 87, hold office—

(a)

for the period terminating on a date five years as from the date of the first sitting of the National Assembly under this Constitution, unless he or she is before the expiry of such period replaced as Executive Deputy President by the party which designated him or her; or (b)

if Parliament is dissolved during such period, for the period until a President has been elected in terms of section 77(1)(b) after such dissolution and has assumed office. (2) If an Executive Deputy President vacates his or her office, section 84(1) or (2) shall apply mutatis mutandis in respect of the filling of the vacancy.

(3) An Executive Deputy President designated to fill a vacancy shall, subject to subsection (1)(b) of this section and section 87, hold office for the unexpired part of the period referred to in subsection (1)(a) of this section.

Acting President

86. (1) The President shall appoint one of the Executive Deputy Presidents, or if no Executive Deputy President is available, a Minister, to act as President during his or her absence or temporary incapacity.

(2) In designating an Acting President under subsection (1), the President shall take into consideration the exigencies of government and the spirit underlying the concept of a government of national unity.

(3) Should it be necessary that an Acting President be appointed and the President is absent or unable to make such an appointment, or if the office of President is vacant, the other members of the Cabinet shall make such appointment, taking into consideration the exigencies of government and the spirit underlying the concept of a government of national unity.

(4) An Acting President shall while acting as President have all the powers and functions vested in the office of President.

Removal from office of President or Executive Deputy President

87. The President or an Executive Deputy President shall cease to hold office on a resolution adopted at a joint sitting of the National Assembly and the Senate by a majority of at least two-thirds of the total number of members of the Houses and impeaching the President or such Executive Deputy President on the ground of a serious violation of this Constitution or the other laws of the Republic, or of misconduct or inability rendering him or her unfit to exercise and perform his or her powers and functions in accordance with section 81 or 84(4), as the case may be.

Cabinet

88. (1) The Cabinet shall consist of the President, the Executive Deputy Presidents and not more than 27 Ministers appointed by the President in accordance with this section.

(2) A party holding at least 20 seats in the National Assembly and which has decided to participate in the government of national unity, shall be entitled to be allocated one or more of the Cabinet portfolios in proportion to the number of seats held by it in the National Assembly relative to the number of seats held by the other participating parties.

(3) Cabinet portfolios shall for the purposes of subsection (2) be allocated to the respective participating parties in accordance with the following formula:

(a)

A quota of seats per portfolio shall be determined by dividing the total number of seats in the National Assembly held jointly by the participating parties by the number of portfolios plus one. (b)

The result, disregarding third and subsequent decimals, if any, shall be the quota of seats per portfolio. (c)

The number of portfolios to be allocated to a participating party shall be determined by dividing the total number of seats held by such party in the National Assembly by the quota referred to in paragraph (b). (d)

The result shall, subject to paragraph (e), indicate the number of portfolios to be allocated to such party. (e)

Where the application of the above formula yields a surplus not absorbed by the number of portfolios allocated to a party, such surplus shall compete with other similar surpluses accruing to another party or parties, and any portfolio or portfolios which remain unallocated shall be allocated to the party or parties concerned in sequence of the highest surplus. (4) The President shall after consultation with the Executive Deputy Presidents and the leaders of the participating parties—

(a)

determine the specific portfolios to be allocated to the respective participating parties in accordance with the number of portfolios allocated to them in terms of subsection (3); (b)

appoint in respect of each such portfolio a member of Parliament who is a member of the party to which that portfolio was allocated under paragraph (a), as the Minister responsible for that portfolio; (c)

if it becomes necessary for the purposes of this Constitution or in the interest of good government, vary any determination under paragraph (a) subject to subsection (3); (d)

terminate any appointment under paragraph (b)— (i)

if he or she is requested to do so by the leader of the party of which the Minister in question is a member; or (ii)

if it becomes necessary for the purposes of this Constitution or in the interest of good government; or (e)

fill, when necessary, subject to paragraph (b), a vacancy in the office of Minister. (5) Subsection (4) shall be implemented in the spirit underlying the concept of a government of national unity, and the President and the other functionaries concerned shall in the implementation of that subsection endeavour to achieve consensus at all times: Provided that if consensus cannot be achieved on—

(a)

the exercise of a power referred to in paragraph (a), (c) or (d)(ii) of that subsection, the President’s decision shall prevail; (b)

the exercise of a power referred to in paragraph (b), (d)(i) or (e) of that subsection affecting a person who is not a member of the President’s party, the decision of the leader of the party of which such person is a member shall prevail; and (c)

the exercise of a power referred to in paragraph (b) or (e) of that subsection affecting a person who is a member of the President’s party, the President’s decision shall prevail. (6) If any determination of portfolio allocations is varied under subsection (4)(c), the affected Ministers shall vacate their portfolios but shall be eligible, where applicable, for re-appointment to other portfolios allocated to their respective parties in terms of the varied determination.

(7) A Minister shall, before formally assuming office, make and subscribe an oath or solemn affirmation in the terms set out in Schedule 3 before the Chief Justice or a judge of the Supreme Court designated by the Chief Justice for this purpose.

(8) No member of the Cabinet may take up any other paid employment, engage in activities inconsistent with his or her membership of the Cabinet, or expose himself or herself to any situation which carries with it the risk of a conflict between his or her responsibilities as a member of the Cabinet and his or her private interests.

(9) No member of the Cabinet shall use his or her position as such, or directly or indirectly use information entrusted confidentially to him or her in such capacity, to enrich himself or herself or any other person.

(10) There shall be paid out of and as a charge on the National Revenue Fund to an Executive Deputy President or a Minister such remuneration and allowances, and upon his or her retirement, or to his or her widow or widower upon his or her death, such pension and pension benefits, as may be prescribed by an Act of Parliament.

Cabinet procedure

89. (1) Meetings of the Cabinet shall be presided over by the President, or, if the President so instructs, by an Executive Deputy President: Provided that the Executive Deputy Presidents shall preside over meetings of the Cabinet in turn unless the exigencies of government and the spirit underlying the concept of a government of national unity otherwise dictate.

(2) The Cabinet shall function in a manner which gives consideration to the consensus-seeking spirit underlying the concept of a government of national unity as well as the need for effective government.

(3) Where an Executive Deputy President presides over a meeting of the Cabinet otherwise than in the capacity of Acting President, a decision in the Cabinet on any matter shall be submitted to the President before its implementation and shall upon its ratification by the President be deemed to be a decision taken in consultation with the Cabinet in accordance with section 82(3).

Temporary assignment of Minister’s powers and functions to another Minister

90. Whenever a Minister is absent or for any reason unable to exercise and perform any of the powers and functions assigned to him or her, or whenever a Minister has vacated his or her office and a successor has not yet been appointed, the President may appoint any other Minister to act in the said Minister’s stead, either generally or in the exercise or performance of any specific power or function.

Transfer of Minister’s powers and functions to another Minister

91. (1) The President may assign the administration of a law which is entrusted to any particular Minister or which entrusts to any particular Minister any power or function, to any other Minister.

(2) Any reference in such a law to a particular Minister as the Minister to whom the administration of such law is entrusted, shall upon the assignment under subsection (1) of its administration to another Minister, be construed as a reference to the latter.

Accountability of Ministers and Cabinet

92. (1) A Minister shall be accountable individually both to the President and to Parliament for the administration of the portfolio entrusted to him or her, and all members of the Cabinet shall correspondingly be accountable collectively for the performance of the functions of the national government and for its policies.

(2) A Minister shall administer his or her portfolio in accordance with the policy determined by the Cabinet.

(3) If a Minister fails to administer his or her portfolio in accordance with the policy of the Cabinet, the President may require the Minister concerned to bring the administration of the portfolio into conformity with such policy.

(4) If the Minister concerned fails to comply with a requirement of the President under subsection (3), the President may, after consultation with the Minister and, if the Minister is not a member of the President’s party, or is not the leader of a participating party, also after consultation with the leader of such Minister’s party, remove the Minister from office.

Votes of no confidence

93. (1) If Parliament passes a vote of no confidence in the Cabinet, including the President, the President shall, unless he or she resigns, dissolve Parliament and call an election in accordance with section 39.

(2) If Parliament passes a vote of no confidence in the President, but not in the other members of the Cabinet, the President shall resign.

(3) If Parliament passes a vote of no confidence in the Cabinet, excluding the President, the President may—

(a)

resign; (b)

reconstitute the Cabinet in accordance with section 88(4); or (c)

dissolve Parliament and call an election in accordance with section 39. (4) The President shall where required, or where he or she elects, to do so in terms of this section, dissolve Parliament by proclamation in the Gazette within 14 days of the relevant vote of no confidence.

Appointment of Deputy Ministers

94. (1) The President may, after consultation with the Executive Deputy Presidents and the leaders of the parties serving in the Cabinet, establish deputy ministerial posts.

(2) A party shall be entitled to be allocated one or more of the deputy ministerial posts in the same proportion and according to the same formula as that in which the portfolios in the Cabinet are allocated to it.

(3) The provisions of section 88(4) to (10) shall apply mutatis mutandis in respect of Deputy Ministers, and in such application a reference to—

(a)

a Minister or portfolio shall be construed as a reference to a Deputy Minister and a deputy ministerial post, respectively; and (b)

subsection (3) of section 88 shall be construed as a reference to subsection (2) of this section. (4) If a person is appointed as the Deputy Minister of any portfolio entrusted to a Minister—

(a)

such Deputy Minister shall exercise and perform on behalf of the relevant Minister any of the powers and functions assigned to such Minister in terms of any law or otherwise which may, subject to the directions of the President, be assigned to him or her by such Minister; and (b)

any reference in any law to such a Minister shall be construed as including a reference to the Deputy Minister acting in pursuance of an assignment under paragraph (a) by the Minister for whom he or she acts. (5) Whenever a Deputy Minister is absent or for any reason unable to exercise or perform any of the powers or functions of his or her office, the President may appoint any other Deputy Minister or any other person to act in the said Deputy Minister’s stead, either generally or in the exercise or performance of any specific power or function.

Composition and functioning of Cabinet in event of non-participation by parties

95. (1) If every party entitled to designate an Executive Deputy President, other than the President’s party, fails to do so, the Executive Deputy President of the President’s party shall exercise and perform the powers and functions of the Executive Deputy Presidents.

(2) If any party entitled to Cabinet portfolios declines to serve in the Cabinet, such party shall be disregarded in the determination of portfolio allocations in terms of section 88.

(3) If all parties entitled to Cabinet portfolios, other than the President’s party, decline to serve in the Cabinet, appointments to the Cabinet shall be made at the discretion of the President.

10Other provisions as to ministers

(1)The Governor-General's ministers shall be chosen and summoned by him, shall be sworn as members of the council, and shall hold office during his pleasure. (2)A minister who for any period of six consecutive months is not a member of either Chamber of the Federal Legislature shall at the expiration of that period cease to be a minister. (3)The salaries of ministers shall be such as the Federal Legislature may from time to time by Act determine and, until the Federal Legislature so determine, shall be determined by the Governor-General:Provided that the salary of a minister shall not be varied during his term of office. (4)The question whether any and, if so, what advice was tendered by ministers to the Governor-General shall not be inquired into in any court. (5)The functions of the Governor-General with respect to the choosing and summoning and the dismissal of ministers, and with respect to the determination of their salaries, shall be exercised by him in his discretion. 11Provisions as to defence, ecclesiastical affairs, external affairs, and the tribal areas

(1)The functions of the Governor-General with respect to defence and ecclesiastical affairs and with respect to external affairs, except the relations between the Federation and any part of His Majesty's dominions, shall be exercised by him in his discretion, and his functions hi or in relation to the tribal areas shall be similarly exercised. (2)To assist him in the exercise of those functions the Governor-General may appoint counsellors, not exceeding three in number, whose salaries and conditions of service shall be such as may be prescribed by His Majesty in Council. 12Special responsibilities of Governor-General

(1)In the exercise of his functions the Governor-General shall have the following special responsibilities, that is to say,— (a)the prevention of any grave menace to the peace or tranquillity of India or any part thereof; (b)the safeguarding of the financial stability and credit of the Federal Government; (c)the safeguarding of the legitimate interests of minorities; (d)the securing to, and to the dependants of, persons who are or have been members of the public services of any rights provided or preserved for them by or under this Act and the safeguarding of their legitimate interests; (e)the securing in the sphere of executive action of the purposes which the provisions of chapter in of Part V of this Act are designed to secure in relation to legislation; (f)the prevention of action which would subject goods of United Kingdom or Burmese origin imported into India to discriminatory or penal treatment; (g)the protection of the rights of any Indian State and the rights and dignity of the Ruler thereof; and (h)the securing that the due discharge of his functions with respect to matters with respect to which he is by or under this Act required to act in his discretion, or-to exercise his individual judgment, is not prejudiced or impeded by any course of action taken with respect to any other matter. (2)If and in so far as any special responsibility of the Governor-General is involved, he shall in the exercise of his functions exercise his individual judgment as to the action to be taken. 13Provisions as to Instrument of Instructions

(1)The Secretary of State shall lay before Parliament the draft of any Instrument of Instructions (including any Instrument amending or revoking an Instrument previously issued) which it is proposed to recommend His Majesty to issue to the Governor-General, and no further proceedings shall be taken in relation thereto except in pursuance of an address presented to His Majesty by both Houses of Parliament praying that the Instrument may be issued. (2)The validity of anything done by the Governor-General shall not be called in question on the ground that it was done otherwise than in- accordance with any Instrument of Instructions issued to him. 14Superintendence of Secretary of State

(1)In so far as the Governor-General is by or under this Act required to act in his discretion or to exercise his individual judgment, he shall be under the general control of, and comply with such particular directions, if any, as may from time to time be given to him by, the Secretary of State, but the validity of anything done by the Governor-General shall not be called in question on the ground that it was done otherwise than in accordance with the provisions of this section. (2)Before giving any directions under this section the Secretary of State shall satisfy himself that nothing in the directions requires the Governor-General to act in any manner inconsistent with any Instrument of Instructions issued to him by His Majesty. 15Financial adviser to Governor-General

(1)The Governor-General may appoint a person to be his financial adviser. (2)It shall be the duty of the Governor-General's financial adviser to assist by his advice the Governor-General in the discharge of his special responsibility for safeguarding the financial stability and credit of the Federal Government, and also to give advice to the Federal Government upon any matter relating to finance with respect to which he may be consulted. (3)The Governor-General's financial adviser shall hold office during the pleasure of the Governor-General, and the salary and allowances of the financial adviser and the numbers of his staff and their conditions of service shall be such as the Governor-General may determine. (4)The powers of the Governor-General with respect to the appointment and dismissal of a financial adviser, and with respect to the determination of his salary and allowances and the numbers of his staff and their conditions of service, shall be exercised by him in his discretion :Provided that, if the Governor-General has determined to appoint a financial adviser, he shall, before making any appointment other than the first appointment, consult his ministers as to the person to be selected. 16Advocate-General for Federation

(1)The Governor-General shall appoint a person, being a person qualified to be appointed a judge of the Federal Court, to be Advocate-General for the Federation. (2)It shall be the duty of the Advocate-General to give advice to the Federal Government upon such legal matters, and to perform such other duties of a legal character, as may be referred or assigned to him by the Governor-General, and in the performance of his duties he shall have right of audience in all courts in British India and, in a case in which federal interests are concerned, in all courts in any Federated State. (3)The Advocate-General shall hold office during the pleasure of the Governor-General, and shall receive such remuneration as the Governor-General may determine. (4)In exercising his powers with respect to the appointment and dismissal of the Advocate-General and with respect to the determination of his remuneration, the Governor-General shall exercise his individual judgment. 17Conduct of business of Federal Government

(1)AH executive action of the Federal Government shall be expressed to be taken in the name of the Governor-General. (2)Orders and other instruments made and executed in the name of the Governor-General shall be authenticated in such manner as may be specified in rules to be made by the Governor-General, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor-General. (3)The Governor-General shall make rules for the more convenient transaction of the business of the Federal Government, and for the allocation among ministers of the said business in so far as it is not business with respect to which the Governor-General is by or under this Act required to act in his discretion. (4)The rules shall include provisions requiring ministers and secretaries to Government to transmit to the Governor-General all such information with respect to the business of the Federal Government as may be specified in the rules, or as "the Governor-General may otherwise require to be so transmitted, and in particular requiring a minister to bring to the notice of the Governor-General, and the appropriate secretary to bring to the notice of the minister concerned and of the Governor-General, any matter under consideration by him which involves, or appears to him likely to involve, any special responsibility of the Governor-General. (5)In the discharge of his functions under subsections (2), (3) and (4) of this section the Governor-General shall act in his discretion after consultation with his ministers.

FIRST SCHEDULE: Composition of the Federal Legislature

Part I. The Senate

3Of the one hundred and fifty-six seats in the Council of State to be filled by representatives of British India one hundred and fifty seats shall be allocated to the Governors' Provinces, the Chief Commissioners' Provinces and the Anglo-Indian, European and Indian Christian communities in the manner shown in division (i) of the relevant Table of Seats appended to this Part of this Schedule, and six seats shall be filled by persons chosen by the Governor-General in his discretion.

4To each Governor's Province, Chief Commissioner's Province and community specified in the first column of division (i) of the Table there shall be allotted the number of seats specified in the second column opposite to that Province or community, and of the seats so allotted to a Governor's Province or a Chief Commissioner's Province, the number specified in the third column shall be general seats, the number specified in the fourth column shall be seats for representatives of the scheduled castes, the number specified in the fifth column shall be Sikh seats, the number specified in the sixth column shall be Muhammadan seats, and the number specified in the seventh column shall be seats reserved for women.

5A Governor's Province or a Chief Commissioner's Province, exclusive of any portion thereof which His Majesty in Council may deem unsuitable for inclusion in any constituency or in any constituency of any particular class, shall be divided into territorial constituencies—

(a)for the election of persons to fill the general seats, if any; (b)for the election of persons to fill the Sikh seats, if any; and (c)for the election of persons to fill the Muhammadan seats, if any,or, if as respects any class of constituency it is so prescribed, may form one territorial constituency. To each territorial constituency of any class one or more seats of that class shall be assigned. 6(1)No person shall be entitled to vote at an election to fill a Sikh seat or a Muhammadan seat in the Council of State unless he is a Sikh or a Muhammadan, as the case may be. (2)No person who is, or is entitled to be, included in the electoral roll for a territorial constituency in any Province for the election of persons to fill a Sikh seat or a Muhammadan seat in the Council of State shall be entitled to vote at an election to fill a general seat therein allotted to that Province. (3)No Anglo-Indian, European or Indian Christian shall be entitled to vote at an election to fill a general seat in the Council of State. (4)Subject as aforesaid, the qualifications entitling persons to vote in territorial constituencies at elections of members of the Council of State shall be such as may be prescribed. 7Nothing in the two last preceding paragraphs shall apply in relation to British Baluchistan, and a person to fill the seat in the Council of State allotted to that Province shall be chosen in such manner as may be prescribed.

8In any Province to which a seat to be filled by a representative of the scheduled castes is allotted, a person to fill that seat shall be chosen by the members of those castes who hold seats in the Chamber or, as the case may be, either Chamber of the Legislature of that Province.

9In any Province to which a seat reserved for women is allotted, a woman to fill that seat shall be chosen by the persons, whether men or women, who hold seats in the Chamber or, as the case may be, the Chambers of the Legislature of that Province.

10Persons to fill the seats allotted to the Anglo-Indian, European and Indian Christian communities shall be chosen by the members of Electoral Colleges consisting of such Anglo-Indians, Europeans and Indian Christians, as the case may be, as are members of the Legislative Council of any Governor's Province or of the Legislative Assembly of any Governor's Province. The Rules regulating the conduct of elections by the European Electoral College shall be such as to secure that on any occasion where more than one seat falls to be filled by the College no two of the seats to be then filled shall be filled by persons who are normally resident in the same Province.

11A person shall not be qualified to hold a seat in the Council of State unless—

(a)in the case of a seat allotted to a Governor's Province or a Chief Commissioner's Province, he is qualified to vote in a territorial constituency in the Province at an election of a member of the Council of State, or, in the case of a seat allotted to British Baluchistan, possesses such qualifications as may be prescribed; (b)in the case of a seat allotted to the Anglo-Indian, the European or the Indian Christian community, he possesses such qualifications as may be prescribed. 12Subject to the provisions of the four next succeeding paragraphs, the term of office of a member of the Council of State shall be nine years :

Provided that a person chosen to fill a casual vacancy shall be chosen to serve only for the remainder of his predecessor's term of office. 13Upon the first constitution of the Council of State persons shall be chosen to fill all the seats allotted to Governors' Provinces, Chief Commissioners' Provinces and communities, but, for the purpose of securing that in every third year one-third of the holders of such seats shall retire, one-third of the persons first chosen shall be chosen to serve for three years only, one-third shall be chosen to serve for six years only and one-third shall be chosen to serve for nine years, and thereafter in every third year persons shall be chosen to fill for nine years the seats then becoming vacant in consequence of the provisions of this paragraph.

14In the case of a Province specified in column one in division (ii) of the Table of Seats, the numbers specified as respects seats of different classes in columns two to six, in columns seven to eleven and in columns twelve to sixteen respectively shall be the numbers of the seats of the different classes to be filled upon the first constitution of the Council by members chosen to serve for three years only, by members chosen to serve for six years only, and by members chosen to serve for nine years.

15The person chosen upon the first constitution of the Council to fill the Anglo-Indian seat shall be chosen to serve for nine years; of the seven persons then chosen to fill the European seats, three shall be chosen to serve for three years only, one shall be chosen to serve for six years only and three shall be chosen to serve for nine years; and, of the two persons then chosen to fill the Indian Christian seats, one shall be chosen to serve for three years only and one shall be chosen to serve for nine years.

16Upon the first constitution of the Council of State two of the persons to be chosen by the Governor-General shall be chosen to serve for three years only, two shall be chosen to serve for six years only and two shall be chosen to serve for nine years.

Part II. The House of Representatives

17The allocation of seats in the Federal Assembly, other than seats allotted to Indian States, shall be as shown in the relevant Table of Seats appended to this Part of this Schedule.

18To each Governor's Province and Chief Commissioner's Province specified in the first column of the Table there shall be allotted the number of seats specified in the second column opposite to that Province, and of those seats—

(i)the number specified in the third column shall be general seats, of which the number specified in the fourth column shall be reserved for members of the scheduled castes; (ii)the numbers specified in the next eight columns shall be the numbers of seats to be filled respectively by persons chosen to represent (a) the Sikh community; (b) the Muhammadan community; (c) the Anglo-Indian community; (d) the European community; (e) the Indian Christian community; (f) the interests of commerce and industry; (g) landholders; and (h) the interests of labour; and (iii)the number specified in the thirteenth column shall be the number of seats reserved to women. There shall also be in the Federal Assembly four seats not allotted to any Province, of which three shall be seats to be filled by representatives of commerce and industry and one shall be a seat to be filled by a representative of labour. 19Subject to the provisions of the next succeeding paragraph, persons to fill the seats in the Federal Assembly allotted to a Governor's Province as general seats, Sikh seats or Muhammadan seats shall be chosen by electorates consisting of such of the members of the Legislative Assembly of the Province as hold therein general seats, Sikh seats or Muhammadan seats respectively, voting in the case of a general election in accordance with the principle of proportional representation by means of the single transferable vote :

Provided that in the North West Frontier Province the holders of Sikh seats, and in any Province in which seats are reserved for representatives of backward areas or backward tribes the holders of those seats, shall, for the purposes of this paragraph, be deemed to hold general seats. 20The provisions of this paragraph shall have effect with respect to the general seats reserved in any Governors' Province for members of the scheduled castes :—

For the purposes of a general election of members of the Federal Assembly,— (a)there shall be a primary electorate consisting of all persons who were successful candidates at the primary elections held, in accordance with the provisions of the Fifth Schedule to this Act, on the occasion of the last general election of members of the Legislative Assembly of the Province for the purpose of selecting candidates for seats reserved for members of the scheduled castes; (b)the members of the primary electorate so constituted shall be entitled to take part in a primary election held for the purpose of electing four candidates for each seat so reserved; and (c)no person who is not so elected as a candidate shall be qualified to be chosen to fill such a seat. Rules made under this Part of this Schedule shall make provision as to the manner in which a casual vacancy occurring in a seat to which this paragraph applies is to be filled. 21For the purpose of choosing persons to fill the women's seats in the Federal Assembly there shall be for British India an electoral college consisting of such women as are members of the Legislative Assembly of any Governors' Province, and the person to fill a woman's seat allotted to any particular Province shall be chosen by the members of the college. Rules regulating the conduct of elections by the women's electoral college shall be such as to secure that, of the nine women's seats allotted to Provinces, at least two are held by Muhammadans and at least one by an Indian Christian.

22For the purpose of choosing persons to fill the Anglo-Indian, European and Indian Christian seats in the Federal Assembly, there shall be for British India three electoral colleges consisting respectively of such persons as hold an Anglo-Indian, a European or an Indian Christian seat in the Legislative Assembly of any Governors' Province, and the person to fill an Anglo-Indian, European or Indian Christian seat allotted to any particular Province shall be chosen by the members of the appropriate electoral college. In choosing at a general election the persons to fill the Indian Christian seats allotted to the Province of Madras, the Indian Christian electoral college shall vote in accordance with the principle of proportional representation by means of the single transferable vote.

23Persons to fill the seats in the Federal Assembly which are to be filled by representatives of commerce and industry, landholders and representatives of labour shall be chosen—

(a)in the case of a seat allotted to a Province which is to be filled by a representative of commerce and industry, by such chambers of commerce and similar associations voting in such manner as may be prescribed; (b)in the case of a seat allotted to a Province which is to be filled by a landholder, by such persons voting in such territorial constituencies and in such manner as may be prescribed; (c)in the case of a seat allotted to a Province which is to be filled by a representative of labour, by such organisations, or in such constituencies, and in accordance with such manner of voting as may be prescribed; (d)in the case of one of the non-provincial seats which are to be filled by representatives of commerce and industry, by such Associated Chambers of Commerce, in the case of another such seat by such Federated Chambers of Commerce and in the case of the third such seat by such commercial bodies in Northern India, voting in each case in such manner as may be prescribed; and (e)in the case of the non-provincial seat which is to be filled by a representative of labour, by such organisations voting in such manner as may be prescribed. 24Persons to fill the seats in the Federal Assembly allotted to Chief Commissioners' Provinces as general seats or Muhammadan seats shall be chosen—

(a)in the case of Coorg, by the members of the Legislative Council; and (b)in other cases in such manner as may be prescribed. 25A person shall not be qualified to hold a seat in the Federal Assembly, unless—

(i)in the case of a general seat, a Sikh seat, a Muhammadan seat, an Anglo-Indian seat, a European seat, an Indian Christian seat or a woman's seat allotted to a Governor's Province or the Province of Coorg, he is qualified to hold a seat of the same class in the Legislative Assembly, or, in the case of Coorg, the Legislative Council, of that Province; (ii)in the case of any other seat, he possesses such qualifications as may be prescribed. General

5 Candidates.

(1) At a general election, the candidates may stand for election as constituency members or regional members.

(2) A person may not be a candidate for constituency member for more than one constituency.

(3) The candidates for regional members shall be those included in a list submitted under subsection (4) or individual candidates.

(4) Any registered political party may submit to the regional returning officer a list of candidates to be regional members for a particular region (referred to in this Act, in relation to the region, as the party’s “regional list”).

(5) A registered political party’s regional list has effect in relation to the general election and any vacancy occurring among the regional members after that election and before the next general election.

(6) Not more than twelve persons may be included in the list (but the list may include only one person).

(7)A registered political party’s regional list must not include a person—

(a)who is included in any other list submitted under subsection (4) for the region or any list submitted under that subsection for another region, (b)who is an individual candidate to be a regional member for the region or another region, (c)who is a candidate to be a constituency member for a constituency not included in the region, or (d)who is a candidate to be a constituency member for a constituency included in the region but is not a candidate of that party. (8)A person may not be an individual candidate to be a regional member for a particular region if he is— (a)included in a list submitted under subsection (4) for the region or another region, (b)an individual candidate to be a regional member for another region, (c)a candidate to be a constituency member for a constituency not included in the region, or (d)a candidate of any registered political party to be a constituency member for a constituency included in the region.

6 Poll for regional members.

(1)This section and sections 7 and 8 are about the return of regional members at a general election. (2)In each of the constituencies for the Parliament, a poll shall be held at which each person entitled to vote as elector may give a vote (referred to in this Act as a “regional vote”) for— (a)a registered political party which has submitted a regional list, or (b)an individual candidate to be a regional member for the region. (3)The right conferred on a person by subsection (2) is in addition to any right the person may have to vote in any poll for the return of a constituency member. 7 Calculation of regional figures.

(1)The persons who are to be returned as constituency members for constituencies included in the region must be determined before the persons who are to be returned as the regional members for the region. (2)For each registered political party which has submitted a regional list, the regional figure for the purposes of section 8 is— (a)the total number of regional votes given for the party in all the constituencies included in the region,divided by (b)the aggregate of one plus the number of candidates of the party returned as constituency members for any of those constituencies. (3)Each time a seat is allocated to the party under section 8, that figure shall be recalculated by increasing (or further increasing) the aggregate in subsection (2)(b) by one. (4)For each individual candidate to be a regional member for the region, the regional figure for the purposes of section 8 is the total number of regional votes given for him in all the constituencies included in the region.

8 Allocation of seats to regional members.

(1)The first regional member seat shall be allocated to the registered political party or individual candidate with the highest regional figure. (2)The second and subsequent regional member seats shall be allocated to the registered political party or individual candidate with the highest regional figure, after any recalculation required by section 7(3) has been carried out. (3)An individual candidate already returned as a constituency or regional member shall be disregarded. (4)Seats for the region which are allocated to a registered political party shall be filled by the persons in the party’s regional list in the order in which they appear in the list. (5)For the purposes of this section and section 10, a person in a registered political party’s regional list who is returned as a member of the Parliament shall be treated as ceasing to be in the list (even if his return is void). (6)Once a party’s regional list has been exhausted (by the return of persons included in it as constituency members or by the previous application of subsection (1) or (2)) the party shall be disregarded. (7)If (on the application of subsection (1) or any application of subsection (2)) the highest regional figure is the regional figure of two or more parties or individual candidates, F8 [( a )the subsection in question shall apply to each of them; or (b)if paragraph (a) would result in more than the correct number of seats for the region being allocated, the subsection in question shall apply as if the regional figure for each of those parties or candidates had been adjusted in accordance with subsection (8). (8)The regional figure for a party or candidate is adjusted in accordance with this subsection by— (a)adding one vote to the total number of regional votes given for the party or candidate in all the constituencies included in the region; and (b)(in the case of a party) recalculating the regional figure accordingly. (9)If, on the application of the subsection in question in accordance with subsection (7)(b), seats would be allocated to two or more parties or individual candidates and that would result in more than the correct number of seats for the region being allocated, the regional returning officer shall decide between them by lot.

26(1)In the foregoing provisions of this Schedule the following expressions have the meanings hereby assigned to them, that is to say:— " a European " means a person whose father or any of whose other male progenitors in the male line is or was of European descent and who is not a native of India; " an Anglo-Indian " means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is a native of India; " an Indian Christian " means a person who professes any form of the Christian religion and is not a European or an Anglo-Indian; " the scheduled castes " means such castes, races or tribes or parts of or groups within castes, races or tribes, being castes, races, tribes, parts or groups which appear to His Majesty in Council to correspond to the classes of persons formerly known as " the depressed classes", as His Majesty in Council may specify; and " prescribed " means prescribed by His Majesty in Council or, so far as regards any matter which under this Act the Federal Legislature or the Governor-General are competent to regulate, prescribed by an Act of that Legislature or by a rule made under the next succeeding paragraph. (2)In this paragraph the expression " native of India" has the same meaning as it had for the purposes of section six of the Government of India Act, 1870, and accordingly it includes any person born and domiciled within the dominions of His Majesty in India or Burma of parents habitually resident in India or Burma and not established there for temporary purposes only. 27In so far as provision with respect to any matter is not made by this Act or by His Majesty in Council or, after the constitution of the Federal Legislature, by Act of that Legislature (where the matter is one with respect to which that Legislature is competent to make laws), the Governor-General, exercising his individual judgment, may make rules for carrying into effect the foregoing provisions of this part of this Schedule and for securing the due constitution of the Council of State and the Federal Assembly and, in particular, but without prejudice to the generality of the foregoing words, with respect to—

(i)the notification of vacancies, including casual vacancies and the proceedings to be taken for filling vacancies; (ii)the nomination of candidates; (iii)the conduct of elections, including the application to elections of the principle of proportional representation by means of the single transferable vote, and the rules to regulate elections where certain of the seats to be filled are to be filled by persons to be chosen to serve for different terms, or are reserved for members of the scheduled castes; (iv)the expenses of candidates at elections; (v)corrupt practices and other offences at or in connection with elections; (vi)the decision of doubts and disputes arising out of or in connection with the choice of persons to fill seats in the Council of State or the Federal Assembly; and (vii)the manner in which rules are to be carried into effect.

Signed.

Mister X,

Sovereign and Governor-General.