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قوانين اساسي کشورها > انگليسي > ۱۳۸۷/۰۶/۲۷
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Bahamas ۲



۶۶
Prorogation and dissolution of Parliament.


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

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

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

۳. Subject to the provisions of paragraph (۴) of this Article, Parliament, unless sooner dissolved, shall continue for five years from the date of its first sitting after any dissolution and shall then stand dissolved.

۴. At any time when The Bahamas is at war, Parliament may extend the period of five years specified in paragraph (۳) of this Article for not more than twelve months at a time:

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

۵. If, between a dissolution of Parliament and the next ensuing general election of members to the House of Assembly, an emergency arises of such a nature that, in the opinion of the Prime Minister, it is necessary for the two Houses or either of them to be summoned before that general election can be held, the Governor-General, acting in accordance with the advice of the Prime Minister, may summon the thereupon be deemed (except for the purposes of Article ۶۷ of this Constitution) not to have been dissolved but shall be deemed (except as aforesaid) to be dissolved on the date on which the polls are held in the next ensuing general election.


۶۷. General elections bye-elections and appointment of Senators.


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

۲. As soon as may be after every general election the Governor-General shall proceed under Article ۳۹ of this Constitution to the appointment of Senators.

۳. Whenever any person vacates his seat as a member of the House of Assembly for any reason other than a dissolution of Parliament, the Governor-General shall issue a writ for the election of a member to fill the vacancy and such election shall be held within sixty days after the occurrence of the vacancy or, where the question whether a vacancy has occurred is determined under Article ۵۱ of this Constitution, after that determination, unless Parliament is sooner dissolved to the date by which Parliament will be dissolved under the provisions of Article ۶۶ of this Constitution is less than four months after the occurrence of the vacancy or, as the case may be, that determination.



Part ۶ Delimitation of Constituencies


۶۸. Constituencies.


The Bahamas shall be divided into thirty-eight constituencies or such greater number as may be provided for by an Order made by the Governor-General in accordance with the provisions of Article ۷۰ of this Constitution and each such constituency shall return one member to the House or Assembly.


۶۹. Constituencies Commission.


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

۲. The Members of the Commission shall be-

a. the Speaker who shall be Chairman;

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

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

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

۳. The office of a member of the Commission shall become vacant-

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

b. in the case of a member appointed under sub-paragraph (۲)(b), (c) or (d) of this Article, if his appointment is revoked by the Governor-General.

۴. If the office of a member of the Commission, appointed under sub-paragraph (۲)(b), (c) or (d) of this Article is vacant or any such member is for any reason unable to perform the functions of his office, the Governor-General may appoint a person qualified for appointment under the said sub-paragraph (b), (c) or (d), as the case may be, to act in the office of that member and any person so appointed may continue so to act until his appointment is revoked.

۵. In revoking the appointment of a member of the Commission under sub-paragraph (۳)(b) of this Article, and in making or revoking an appointment to act in the office of a member of the Commission under paragraph (۴) of this Article, the Governor-General shall act in the same manner as he would act if he were making an appointment to the office of that member under paragraph (۲) of this Article.

۶. Any decision of the Commission shall require the concurrence of not less than three members of the Commission.

۷. Subject to the provisions of paragraph (۶) of this Article, the Commission may act notwithstanding a vacancy in its membership, and no proceedings of the Commission shall be invalidated by reason only that some person not entitled to do so has taken part in them.


۷۰. Procedure for review of constituencies.


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

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

b. recommending certain changes, and the Governor-General shall cause such report to be laid before the House of Assembly forthwith.

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

۳. When the Commission intends to proceed under paragraph (۱) of this Article, it shall, by notice in writing, inform the Prime Minister, who shall cause a copy of the notice to be published in the Gazette.

۴. As soon as may be after the Commission has submitted a report recommending changes in the boundaries of any constituencies, the Prime Minister shall lay before the House of Assembly for its approval a draft of an Order by the Governor-General for giving effect, whether with or without modifications, to the recommendations contained in the report, and that draft may make provision for any matters (including variation of the quorum specified in Article ۵۷ of this Constitution) which appear to the Prime Minister to be incidental to or consequential upon the other provisions of the draft.

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

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

۷. If any draft Order laid under this Article is approved by resolution of the House of Assembly, the Prime Minister shall submit it tot he Governor-General who shall make an order (which shall be published in the Gazette) in terms of the draft; and that Order shall come into force on such day as may be specified therein and, until revoked by a further Order made by the Governor-General in accordance with the provisions of this Article, shall have the force of law in The Bahamas:

Provided that the coming into force of any such Order shall not affect any election to the House of Assembly until a proclamation is made by the Governor-General appointing the date for the holding of a general election of members of the House of Assembly or affect the constitution of the House of Assembly then in being.

۸. Save as provided in the next following paragraph the question of the validity of nay Order by the Governor-General purporting to be made under his Article and reciting that a draft thereof has been approved by resolution of the House of Assembly shall not be inquired into in any court of law.

۹. Parliament may by law provide for an appeal to the Supreme Court against a statement or recommendation submitted by the Commission in pursuance of sub-paragraph (۱)(a) or (b) of this Article.


CHAPTER VI THE EXECUTIVE

۷۱. Executive Authority.


۱. The executive authority of The Bahamas is vested in Her Majesty.

۲. Subject to the provisions of this Constitution, the executive authority of The Bahamas may be exercised on behalf of Her Majesty by the Governor-General, either directly or through officers subordinate to him.

۳. Nothing in this Article shall prevent Parliament from conferring functions on persons or authorities other than the Governor-General.


۷۲. The Cabinet.


۱. There shall be a Cabinet for The Bahamas which shall have the general direction and control of the government of The Bahamas and shall be collectively responsible thereof to Parliament.

۲. The Cabinet shall consist of the Prime Minister and not less than eight other Ministers (of whom one shall be the Attorney-General), as may be appointed in accordance with the provisions of Article ۷۳ of this Constitution.


۷۳. Appointment of Ministers.


۱. Whenever there shall be occasion for the appointment of a Prime Minister, the Governor-General shall appoint as Prime Minister-

a. the member of the House of Assembly who is the leader of the party which commands the support of the majority of the members of that House, or

b. if it appears to him that party does not have an undisputed leader in that House or that no party commands the support of such a majority, the member of the House of Assembly who, in his judgment, is most likely to command the support of the majority of members of that House,

c. and who is willing to accept the office of Prime Minister.


۲. Subject to the provisions of paragraph (۳) of this Article, the Ministers other than the Prime Minister shall be such persons as the Governor-General, acting in accordance with the advice of the Prime Minister, shall appoint from among the Senators and the members of the House of Assembly.

۳. If the Attorney-General is appointed from among the members of the House of Assembly, not more than three Ministers shall be appointed from among the Senators, and if the Attorney-General is appointed from among the Senators, not more than two other Ministers shall be appointed from among the Senators.

۴. If occasion arises for making an appointment to the office of Prime Minister while Parliament is dissolved, a person who was a member of the House of Assembly immediately before the dissolution may, notwithstanding any other provision of this Article, be appointed as Prime Minister.

۵. If occasion arises for making an appointment to the office of any other Minister while Parliament is dissolved, a person who, immediately before the dissolution, was a Senator or a member of the House of Assembly may, subject to the provisions of paragraph (۳) of this Article, be appointed as a Minister.


۷۴. Tenure of office of Ministers.


۱. If the House of Assembly passes a resolution, supported by the votes of a majority of all the members of the House, declaring that it has no confidence in the Prime Minister and the Prime Minister does not within seven days of the passing of such a resolution either resign or advise the Governor-General to dissolve Parliament, the Governor-General shall revoke the appointment of the Prime Minister.

۲. The Prime Minister shall also vacate his office-

a. if at any time between the holding of a general election and the first sitting of the House of Assembly thereafter he is informed by the Governor-General that the Governor-General in pursuance of Article ۷۳(۱) of this Constitution is about to re-appoint him as Prime Minister or to appoint another person as Prime Minister; or

b. if for any reason other than a dissolution of Parliament he ceases to be a member of the House of Assembly.


۳. A Minister other than the Prime Minister shall vacate his office-

a. when any person is appointed or re-appointed as Prime Minister;

b. if for any reason other than a dissolution of Parliament he cases to be a member of the House from among the members of which he was appointed; or

c. if his appointment is revoked by the Governor-General acting in accordance with the advice of the Prime Minister.


۴. If at any time the Prime Minister is required under the provisions of paragraphs (۲), (۳) and (۴) of Articles ۴۹ of this Constitution to cease to perform his function as a member of the House of Assembly, he shall cease during such time to perform any of his functions as Prime Minister.

۵. If at any time a Minister other than the Prime Minister is required under the provisions of paragraphs (۳), (۴) and (۵) of Article ۴۳ or paragraphs (۲), (۳) and (۴) of Article ۴۹ of this Constitution to cease to perform his functions as a member of the House to which he belongs, he shall cease during such time to perform any of his functions as a Minister.


۷۵. Performance of functions of Prime Minister during absence, illness or suspension.


۱. Whenever the Prime Minister is absent from The Bahamas or is unable by reason of illness or of the provisions of paragraph (۴) or Article ۷۴ of this Constitution to perform the functions conferred upon him by this Constitution, the Governor-General may authorize some other member of the Cabinet to perform those functions (other than the function conferred by this Article) and that member may perform those functions until his authority is revoked by the Governor-General.

۲. The powers of the Governor-General under this Article shall be exercised by him in accordance with the advice of the Prime Minister:

Provided that if the Governor-General considers that it is impracticable to obtain the advice of the Prime Minister owing to his absence or illness, or if the Prime Minister is unable to tender advice by reason of the provisions of paragraph (۴) of Article ۷۴ of this Constitution, the Governor-General may exercise those powers without the advice of the Prime Minister.


۷۶. Temporary Ministers.


۱. Whenever a Minister other than the Prime Minister is unable, by reason of his illness or absence from The Bahamas or absence from his duties on leave, to perform the functions of his office, the Governor-General may, in writing, authorize another Minister to perform those functions or appoint a person to be a temporary Minister:

Provided that if occasion arises for the making of an appointment between a dissolution of Parliament and the next following general election, the preceding provisions of this Article shall have effect for the purpose as if Parliament had not been dissolved.

۲. Subject to the provisions of Article ۷۴ of this Constitution, a temporary Minister shall hold office until he is notified by the Governor-General in writing that the Minister on account of whose inability to perform the function of his office he was appointed is again able to perform those functions of that Minister vacates his office.

۳. The Power conferred on the Governor-General by this Article shall be exercised by him in accordance with the advice of the Prime Minister.


۷۷. Allocation of Portfolios to Ministers.


The Governor-General, acting in accordance with the advice of the Prime Minister, may, by directions in writing, charge the Prime Minister or any other Minister wit responsibility for any business of the Government of The Bahamas, including the administration of any department of Government:

Provided that a Minister appointed from among members of the House of Assembly shall be charged with responsibility for finance.


۷۸. Functions of Attorney-General


۱. The Attorney-General shall have power in any case in which he considers it desirable so to do-

a. to institute and undertake criminal proceedings against any person before any court in respect of any offence against the law of The Bahamas;

b. to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and

c. to discontinue, at any stage before judgment is delivered, any such criminal proceedings instituted or undertaken by himself or any other person or authority.

۲. The powers conferred upon the Attorney-General under paragraph (۱) of this Article may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions.

۳. The powers conferred upon the Attorney-General by sub-paragraphs (۱) (b) and (c) of this Article shall be vested in him to the exclusion of any other person or authority:

Provided that, where any other person or authority has instituted criminal proceedings, nothing in this Article shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the court.

۴. In the exercise of powers conferred upon him by this Article the Attorney-General shall not be subject to the direction or control of any other person or authority.

۵. For the purposes of this Article, any appeal from any determination in any criminal proceedings before any court or any case stated or question of law reserved for the purpose of any such proceedings to any other court shall be deemed to be part of those proceedings.


۷۹. Exercise of Governor-General"s powers.


۱. The Governor-General shall, in the exercise of his functions, act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet, except in cases where by this Constitution or any other law he is required to act in accordance with the recommendation or advice of, of with the concurrence of, or after consultation with, any person or authority other than the Cabinet:

Provided that the Governor-General shall act in accordance with his own deliberate judgment in the performance of the following functions-

a. in the exercise of the power to appoint the Prime Minister conferred upon him by paragraphs (۱) or (۴) of Article ۷۳ of this Constitution;

b. in the exercise of the powers conferred upon him by Article ۷۵ of this Constitution (which relates to the performance of the functions of the Prime Minister during absence, illness or suspension) in the circumstances described in the proviso to paragraph (۲) of that Article;

c. in the exercise of the power to appoint the Leader of the Opposition and to revoke any such appointment conferred upon him by Article ۸۲ of this Constitution;

d. in the exercise of the power conferred on him by Article ۸۳(a) of this Constitution during any vacancy in the office of Leader of the Opposition;

e. in the exercise of the power to dissolve Parliament conferred upon him by the proviso to Article ۶۶(۲) of this Constitution;

f. in removing a Justice of the Supreme Court from office under Article ۹۶(۵) of this Constitution;

g. in removing a Justice of Appeal from office under Article ۱۰۲(۵) of this Constitution;

h. in the powers relating to appointment, removal and disciplinary control over members of his personal staff, conferred on him by Article ۳۵ of this Constitution.


۲. Where the Governor-General is directed to exercise any function on the recommendation of any person or authority, he shall exercise that function in accordance with such recommendation:


Provided that-

a. before he acts in accordance therewith, he may, acting in accordance with his own deliberate judgment, once refer that recommendation back for reconsideration by the person or authority concerned; and

b. if that person or authority, having reconsidered the original recommendation under sub-paragraph (a) of this proviso, substitutes thereof a different recommendation, the provisions of this paragraph shall apply to that different recommendation as they apply to the original recommendation.

۳. Where the Governor-General is directed to exercise any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice or recommendation of that person or authority.

۴. Where the Governor-General is directed to exercise any function on the recommendation or advice of, or with the concurrence of, or after consultation with, any person or authority, the question whether he has so exercised that function shall not be inquired into in any court.

۵. Where the Governor-General is directed to exercise any function on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, the following steps shall be taken-

a. the Prime Minister shall first consult the Leader of the Opposition and thereafter tender his recommendation to the Governor-General;

b. the Governor-General shall then inform the Leader of the Opposition of that recommendation and if the Leader of the Opposition concurs therein the Governor-General shall act in accordance with the recommendation;

c. if the Leader of the Opposition does not concur in the prime Minister and refer the recommendation back to him;

d. the Prime Minister shall then advice the Governor-General and the Governor-General shall act in accordance with that advice.


۶. Any reference in this Constitution to the functions of the Governor-General shall be construed as a reference to his powers and duties in the exercise of the executive authority of the Bahamas and to any other powers and duties conferred or imposed on him as Governor-General by or under this Constitution or any other law.


۸۰. Governor-General to be informed concerning matters of Government.


The Prime Minister shall keep the Governor-General fully informed concerning the general conduct of the government of The Bahamas and shall furnish the Governor-General with such information as he may request with respect to any particular matter relating to the government of The Bahamas.


۸۱. Parliamentary Secretaries.


۱. The Governor-General, acting in accordance with the advice of the Prime Minister, may appoint Parliamentary Secretaries from among the Senators and the members of the House of Assembly to assist Ministers in the performance of their duties.

Provided that, if occasion arises for making an appointment while Parliament is dissolved, a person who was a Senator or a member of the House of Assembly immediately before the dissolution may be appointed as a Parliamentary Secretary.

۲. The office of a Parliamentary Secretary shall become vacant-

a. it for any reason of the than a dissolution of Parliament he ceases to be a member of the House from among the members of which he was appointed;

b. upon the appointment or re-appointment of any person as Prime Minister; or

c. if the Governor-General, acting in accordance with the advice of the Prime Minister, so directs.


۸۲. Leader of the Opposition.


۱. There shall be a Leader of the Opposition who shall be appointed by the Governor-General.

۲. Whenever there shall be occasion for the appointment of a Leader of the Opposition, the Governor-General shall appoint the member of the House of Assembly who, in his judgment, is best able to command the support of the majority of the members of the House in opposition of the Government; or if there is no such persons, the member of the House who, in his judgment, commands the support of that largest single group of members in opposition to the Government who are prepared to support one leader:

Provided that this paragraph shall have effect in relation to any period between a dissolution of Parliament and the day on which the next election of members the House of Assembly is held as if Parliament had not been dissolved.

۳. The Leader of the Opposition shall vacate his office if-

a. after an election of members of the House of Assembly following any dissolution of Parliament he is informed by the Governor-General that the Governor-General is about to appoint another person as Leader of the Opposition;

b. for any reason other than a dissolution of Parliament he ceases to be a member of the House of Assembly;

c. under the provisions of paragraphs (۲), (۳) and (۴) of Article ۴۹ of this Constitution he is required to cease to perform his functions as a member of the House of Assembly; or

d. his appointment is revoked under the provisions of paragraph (۴) of this Article.


۴. If in the judgment of the Governor-General the Leader of the Opposition is no longer the member of the House of Assembly best able to command the support of the majority of members of the House in opposition to the Government or the member of the House who commands the support of the largest single group of members in opposition to the Government who are prepared to support one leader, the Governor-General shall revoke the appointment of the Leader of the Opposition.

۵. Paragraph (۴) of this Article shall not have effect while parliament is dissolved.


۸۳. Certain vacancies in office of Leader of the Opposition.


During any period in which there is a vacancy in the office of Leader of the Opposition by reason of the fact that no person is both qualified in accordance with this Constitution for, and willing to accept appointment to, that office, the Governor-General shall- act in accordance with his own deliberate judgment in the exercise of any function in respect of which it is provided in this Constitution that the Governor-General shall act on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.


۸۴. Oaths to be taken by Ministers, etc.


A Minister or Parliamentary Secretary shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by Parliament.


۸۵. Leave of absence for Ministers, etc.


The Governor-General, acting in accordance with the advice of the Prime Minister, may grant leave of absence from his duties to any Minister or Parliamentary Secretary.


۸۶. Summoning of and presiding in Cabinet.


۱. The Cabinet shall not be summoned except by that authority of the Prime Minister.

۲. The Prime Minister shall, so far as is practicable, attend and preside at all meetings of the Cabinet and in his absence such other Minister shall reside as the Prime Minister shall appoint.


۸۷. Quorum.


۱. No business shall be transacted at any meeting of the Cabinet if there are present at the meeting less than a majority of the members for the time being of the Cabinet.

۲. Subject to paragraph (۱) of this Article, the Cabinet shall not be disqualified for the transaction of business by reason of any vacancy in the membership of the Cabinet (including any vacancy nor filled when the Cabinet is first constituted or is reconstituted at any time) and the validity of the transaction of business in the Cabinet shall to be affect by reason only of the fact that some person who was not entitled so to do took part in those proceedings.


۸۸. Permanent Secretaries.


Where any Minister has been charged with responsibility for any department of Government, he shall exercise general direction and control over that department; and, subject to such direction and control, the department shall be under the supervision of a public officer (in this Constitution referred to as a Permanent Secretary) appointed for the purpose:

Provided that two or more Government departments may be placed under the supervision of one Permanent Secretary.


۸۹. Constitution of offices, etc.


Subject to the provision of this Constitution and of any Act of Parliament, the Governor-General may constitute offices for The Bahamas, make appointments to any such office and terminate any such appointment.


۹۰. Powers of pardon, etc.


۱. The Governor-General may in Her Majesty"s name and on Her Majesty"s behalf-

a. grant to any person convicted of any offence against the law of The Bahamas a pardon, either free or subjected to lawful conditions;

b. grant to any persons a respite, either indefinite or for a specified period, from the execution of any punishment imposed on that person for such an offence;

c. substitute a less severe form of punishment for that imposed by any sentence for such an offence; or

d. remit the whole or any part of any sentence passed for such an offence o any penalty or forfeiture otherwise due to Her Majesty on account of such an offence.


۲. The power of the Governor-General under paragraph (۱) of this Article shall be exercised by him in accordance with the advice of a Minister designated by him, acting in accordance with the advice of the Prime Minister.


۹۱. Advisory Committee on Prerogative of Mercy.


There shall be an Advisory Committee on the Prerogative of Mercy which shall consist of-

a. the Minister referred to in paragraph (۲) of Article ۹۰ of this Constitution, who

shall be Chairman;

b. the Attorney-General; and

c. not less than three or more than five other members appointed by the Governor-

General.


۹۲. Functions of Advisory Committee.


۱. Where an offender has been sentenced to death by any court for an offence against the law of The Bahamas, the Minister shall cause a written report of the case from the trial Justice of the Supreme Court, together with such other information derived from the record of the case or elsewhere as the Minister may require, to be taken into consideration at a meeting of the Advisory Committee.

۲. The Minister may consult with the Advisory Committee before tendering any advice to the Governor-General under paragraph (۲) of Article ۹۰ of this Constitution in any case not falling within paragraph (۱) of this Article.

۳. The Minister shall not be obliged in any case to act in accordance with the advice of the Advisory Committee.

۴. The Advisory Committee may regulate its own procedure.

۵. In this Article "the Minister" means the Minister referred to in paragraph (۲) of Article ۹۰ of this Constitution.




CHAPTER VII THE JUDICATURE

Part ۱

The Supreme Court


۹۳. Establishment of Supreme Court.


۱. There shall be a Supreme Court for The Bahamas which shall have such jurisdiction and powers as may be conferred upon it by this Constitution or any other law.

۲. The Justices of the Supreme Court shall be the Chief Justice and such number of other Justices as may be prescribed by Parliament.

۳. No office of Justice of the Supreme Court shall be abolished while there is a substantive holder thereof.

۴. The Supreme Court shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.


۹۴. Appointment of Justices of Supreme Court.


۱. The Chief Justice shall be appointed by the Governor-General by instrument under the Public Seal on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

۲. The other Justices of the Supreme Court shall be appointed by the Governor-General by instrument under the Public Seal acting on the advice of the Judicial and Legal Service Commission.

۳. The qualifications for appointment as a Justice of the Supreme Court shall be such as may be prescribed by any law for the time being in force:

Provided that a person who has been appointed as a Justice of the Supreme Court may continue in office notwithstanding any subsequent variations in the qualifications so prescribed.


۹۵. Acting Justices.


۱. If the office of Chief Justice is vacant or if the Chief Justice is for any reason unable to perform the functions of his office, then, until a person has been appointed to that office and assumed those functions, they shall be performed by such other person, qualified under paragraph (۳) of Article ۹۴ of this Constitution for appointment as a Justice, as the Governor-General, acting in accordance with the advice of the Prime Minister may appoint for that purpose by instrument under the Public Seal.

۲. If the office of a Justice of the Supreme Court is vacant, or if any such Justice is anointed to act as Chief Justice or as a Justice of Appeal, or is for any reason unable to perform the functions of this office, the Governor-General, acting on the advice of the Judicial and Legal Service Commission, may by instrument under the Public Seal appoint a person qualified under paragraph (۳) of Article ۹۴ of this Constitution for appointment as a Justice to act as a Justice of the Supreme Court, and any person so appointed shall, subject to the provisions of paragraph (۵) of Article ۹۶ of this Constitution, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the Governor-General acting on the advice of the Judicial and Legal Service Commission.

۳. Any person appointed to act as a Justice under the provisions of this Article may, notwithstanding that the period of his appointment has expired or his appointment has been revoked, sit as a Justice for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him while he was so acting.


۹۶. Tenure of office of Justices of Supreme Court.


۱. Subject to the provisions of paragraphs (۴) to (۷) (inclusive) of this Article, a Justice of the Supreme Court shall hold office until he attains the age of sixty-five years:

Provided that the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may permit a Justice who attains the age of sixty-five years to continue in office until he has attained such later age, not exceeding sixty-seven years, as may (before the Justice has attained the age of sixty-five years) have been agreed between them.

۲. Notwithstanding that he has attained the age at which he is required by or under the provisions of this Article to vacate his office, a person holding the office of Justice of the Supreme Court may, with the permission of the Governor-General, acting in accordance with the advice of the Prime Minister, continue in office for such period after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.

۳. Nothing done by a Justice of the Supreme Court shall be invalid by reason only that he has attained the age at which he is required by this Article to vacate his office.

۴. A justice of the Supreme Court may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or nay other cause) or for misbehavior, and shall not be so removed except in accordance with the provisions of paragraph (۵) of this Article.

۵. A Justice of the Supreme Court shall be removed from office by the Governor-General by instrument under the Public Seal if the question of the removal of that Justice from office has, at the request of the Governor-General, made in pursuance of paragraph (۶) of this Article, been referred by Her Majesty to the Judicial Committee of Her Majesty"s Privy Council and the Judicial Committee has advised her Majesty that the Justice ought to be removed from office for inability as aforesaid or for misbehavior.

۶. If the Prime Minister (in the case of the Chief Justice) or the Chief Justice after consultation with the Prime Minister (in the case of any other Justice) represents to the Governor-General that the question of removing a Justice of the Supreme Court from office for inability as aforesaid of for misbehavior ought to be investigated, then-

a. the Governor-General shall appoint a tribunal, which shall consist of a Chairman and not less than two other members, selected by the Governor-General acting in accordance with the advice of the Prime Minister (in the case of the Chief Justice) or of the Chief Justice (in the case of any other Justice) from among persons who hold or have held high judicial office;

b. that tribunal shall inquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether he should request that the question of the removal of that Justice should be referred by Her Majesty to the Judicial Committee; and

c. if the tribunal so recommends, the Governor-General shall request that the question should be referred accordingly.


۷. The provisions of the Commissions of Inquiry Act(a) as in force immediately before the appointed day shall, subject to the provisions of this Article, apply as nearly as may be in relation to tribunals appointed under paragraph (۶) of this Article or, as the context may require, to the members thereof as they apply in relation to the Commissions or Commissioners appointed under that Act, and for that purpose shall have effect as if they formed part of this Constitution.

۸. If the question of removing a Justice of the Supreme Court from office has been referred to a tribunal appointed under paragraph (۶) of this Article, the Governor-General, acting in accordance with the advice of the Prime Minister (in the case of the Chief Justice) or of the Chief Justice after the Chief Justice has consulted with the Prime Minister (in the case of any other Justice), may suspend the Justice from performing the function of his office.

۹. Any such suspension may at any time be revoked by the Governor-General, acting in accordance with the advice of the Prime Minister or the Chief Justice (as the case may be), and shall in any case cease to have effect-

a. if the tribunal recommends to the Governor-General that he should not request that the question of the removal of the Justice from office should be referred by Her Majesty to the Judicial Committee; or

b. the Judicial Committee advises Her Majesty that the Justice ought not to be removed from office.


۱۰. The Provisions of this Article shall be without prejudice to the provisions of paragraph (۲) of Article ۹۵ of this Constitution.


۹۷. Oaths to be taken by Justices of Supreme Court.


A Justice of the Supreme Court shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and a judicial oath in such form as is prescribed by any law in force in The Bahamas.



Part ۲ Court or Appeal


۹۸. Establishment of Court of Appeal.


۱. There shall be a Court of Appeal for The Bahamas which shall have such jurisdiction and powers as may be conferred upon it by this Constitution or any other law.

۲. The Justices of Appeal of the Court of Appeal shall be-

a. a President;

b. the Chief Justice by virtue of his office as head of the Judiciary but who, however, shall not sit in the Court of Appeal, unless he has been invited so to sit by the President of the Court; and

c. such number of other Justices of Appeal as may be prescribed by Parliament.

۳. No office of Justice of Appeal shall be abolished while there is a substantive holder thereof.

۴. The Court of Appeal shall be a superior court of record and, save as otherwise provided by Parliament, shall save all the powers of such a court.


۹۹. Justice of the Court of Appeal.


۱. The President of the Court of Appeal and other Justices of Appeal shall be appointed by the Governor-General by instrument under the Public Seal on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

۲. The qualifications for appointment as a Justice of Appeal may continue in office notwithstanding any subsequent variations in the qualifications so prescribed.


۱۰۰. Other arrangements for appeals.


۱. Notwithstanding anything contained in this Part of this Chapter, Parliament may make provisions-

a. for implementing arrangements made between the Government of The Bahamas and the Government or Governments of any other part or parts of the Commonwealth relating to the establishment of a court of appeal to be shared by The Bahamas with that part or those parts of the Commonwealth, and for the hearing and determination by such a court of appeal of appeals from decisions of any court in The Bahamas; or

b. for the hearing and determination of appeals from decisions of any court in The Bahamas by a court established for any other part of the Commonwealth.


۲. A law enacted in pursuance of paragraph ۸۱) of this Article may provide that the jurisdiction conferred on any such court as is referred to in that paragraph shall be to the exclusion, in whole or in part, of the jurisdiction of the Court of Appeal established by this Part of this Chapter; and during any period when jurisdiction is so conferred to the exclusion of the whole jurisdiction of the said Court of Appeal, Parliament may suspend the provisions of this Part establishing that Court.

۳. In paragraph (۱) of this Article the expression "any court in the Bahamas" includes the Court of Appeal established by this Part of this Chapter.


۱۰۱. Acting Justices of Court of Appeal.


۱. If the office of President of the Court of Appeal is vacant or if the President of the Court of Appeal is for any reason unable to perform the functions of this office, then, until a person has been appointed to that office and assumed its functions or, as the case may be, until the President of the Court of Appeal has resumed those functions, they shall be performed by such other person, qualified under paragraph (۲) of Article ۹۹ of this Constitution for appointment as a Justice of Appeal, as the Governor-General, acting in accordance with the advice of the Prime Minister, may appoint for that purpose by instrument under the Public Sea.

۲. If the office of a Justice of Appeal (other than the President) is vacant, or if any such Justice is appointed to act as President of the Court of Appeal, or is for any reason unable to perform the functions of his office, the Governor-General, acting on the advice of the Judicial and Legal Service Commission, may by instrument under the Public Seal appoint a person qualified under paragraph (۲) of Article ۹۹ of this Constitution for appointed shall, period is specified, until his appointment is revoked by the Governor-General acting on the advice of the Judicial and Legal Service Commission.

۳. Any person appointed to act as a Justice of Appeal under the provisions of this Article may notwithstanding that the period of this appointment has expired or his appointment has been revoked, sit as a Justice for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him while he was so acting.


۱۰۲. Tenure of office of Justices of Appeal.


۱. Subject to the provisions of paragraph (۴) to (۷) (inclusive) of his Article, a Justice of Appeal shall hold office until he attains the age of sixty-eight years:

Provided that the Governor-General, acting on the recommendations of the Prime Minister after consultation with the Leader of the Opposition, may permit a Justice of Appeal who attains the age of sixty-eight years to continue in office until he has attained such later age, not exceeding seventy years, as may (before the Justice of Appeal has attained the age of sixty-eight years) have been agreed between them.

۲. Notwithstanding that he has attained the age at which he is required by or under the provisions of this Article to vacate his office, a person holding the office of Justice of Appeal may, with the permission of the Governor-General, acting in accordance with the advice of the Prime Minister, continue in office for such period after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.

۳. Nothing done by a Justice of Appeal shall be invalid by reason only that he has attained the age at which he is required by this Article to vacate his office.

۴. A Justice of Appeal may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior, and shall not be so removed except in accordance with the provisions of paragraph (۵) of this Article.

۵. A Justice of Appeal shall be removed from office by the Governor-General by instrument under the Public Seal if the question of the removal of that Justice of Appeal from office has, at the request of the Governor-General made in pursuance of paragraph (۶) of this Article, been referred by Her Majesty to the Judicial Committee of Her Majesty"s Privy Council and the Judicial Committee has advised Her Majesty that the Justice of Appeal ought to be removed from office for inability as aforesaid or for misbehavior.

۶. If the Prime Minister (in the case of the President of the Court of Appeal) or the president of the Court of Appeal or the Chief Justice after consultation with the Prime Minister (in the case of any other Justice of Appeal) represented to the Governor-General that the question of removing a Justice of Appeal from office for inability as aforesaid or for misbehavior ought to be investigated, then-

a. the Governor-General shall appoint a tribunal, which shall consist of a Chairman and not less than two other members, selected by the Governor-General acting in accordance with the advice of the Prime Minister (in the case of the President of the Court of Appeal) of the President of the Court of Appeal (In the case of any other Justice of Appeal) from among persons who hold or have held high judicial office;

b. that tribunal shall inquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether he should request that the question of the removal of that Justice of Appeal should be referred by Her Majesty to the Judicial Committee; and

c. if the tribunal so recommends, the Governor-General shall request that the question should be referred accordingly.


۷. The provisions of the Commission of Inquiry Act (a) as in force immediately before the appointed day shall, subject to the provisions of this Article, apply as nearly as may be in relation to tribunals appointed under paragraph (۶) of his Article or, as the context may inquire, to the members thereof as they apply in relation to Commission or Commissioners appointed under that Act, and for that purpose shall have effect as if they formed part of this Constitution.

۸. If the question of removing a Justice of Appeal from office has been referred to a tribunal appointed under paragraph (۶۹ of this Article, the Governor-General acting in accordance with the advice of the Prime Minister (in the case of the President of the Court of Appeal) or of the President of the Court of Appeal after the President of the Court of Appeal has consulted with the Prime Minister (in the case of any other Justice of Appeal), may suspend the Justice of Appeal from performing the functions of his office.

۹. Any such suspension may at any time be revoked by the Governor-General, acting in accordance with the advice of the prime Minster or the President of the Court of Appeal (as the case may be), and shall in any case cease to have effect if-

a. the tribunal recommends to the Governor-General that he should not request that the question of the removal of the Justice of Appeal from office should be referred by Her Majesty to the Judicial Committee; or

b. the Judicial Committee advises her Majesty that the Justice of Appeal ought no to be removed from office.


۱۰. The provisions of this Article shall be without prejudice to the provisions of paragraph (۲) of Article ۱۰۱ of this Constitution.

۱۱. The provisions of this Article and of Article ۱۰۳ of this Constitution shall not apply to the Chief Justice.


۱۰۳. Oaths to be taken by Justices of Appeal.


A Justice of Appeal shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and a judicial oath in such form as is prescribed by any law in force in The Bahamas.



Part ۳ Appeals to Court of Appeal and Her Majesty in Council


۱۰۴. Appeals relating to fundamental rights and freedoms.


۱. An appeal to the Court of appeal shall lie as of right from final decisions of the Supreme Court given in exercise of the jurisdiction conferred on the Supreme Court by Article ۲۸ of this Constitution (which relates to the enforcement of fundamental rights and freedoms).

۲. An appeal shall lie as of right to the Judicial Committee of Her Majesty"s Privy Council or to such other court as may be prescribed by Parliament under Article ۱۰۵(۳) of this Constitution form any decisions given by the Court of Appeal in any such case.


۱۰۵. Appeals to Her Majesty in Council in other cases


۱. Parliament may provide for an appeal to lie from decisions of the Court of Appeal established by Part ۲ of this Chapter to the Judicial Committee of Her Majesty"s Privy Council or to such other court as may be prescribed by Parliament under this Article, either as of right or with the leave of the said Court of Appeal, in such cases other than those referred to in Article ۱۰۴(۲) of this Constitution as may be prescribed by Parliament.

۲. Nothing in this Constitution shall affect any right of Her Majesty to grant special leave to appeal from decisions such as are referred to in paragraph (۱) of this Article.

۳. Parliament may by law provide for the functions required in this Chapter to be exercised by the Judicial Committee of Her Majesty"s Privy Council to be exercised by any other court established for the purpose in substitution for the Judicial Committee.


۱۰۶. Interpretation of "Court of Appeal".


References in this Part to "the Court of Appeal" include references to a shared court of appeal established under Article ۱۰۰(۱) of this Constitution when exercising jurisdiction in respect of The Bahamas.


CHAPTER VIII THE PUBLIC SERVICE

Part ۱ The Public Service Commission


۱۰۷. Establishment and composition of Public Service Commission.


۱. There shall be a Public Service Commission for The Bahamas which shall consist of a Chairman and not less than two nor more than four other members, who shall be appointed by the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, by instrument under the Public Seal.

۲. No person shall be qualified to be appointed as a member of the Public Service Commission if he is a member of either House or a public officer.

۳. Subject to the provisions of Article ۱۲۶ of this Constitution the office of a member of the Public Service Commission shall become vacant-

a. at the expiration of three years from the date of his appointment or such earlier time as may be specified in the instrument by which he was appointed;

b. if he becomes a member of either House or a public officer.


۴. If the office of Chairman of the Public Service Commission is vacant or the holder thereof is for any reason unable to perform the function of his office then, until a person has been appointed to and has assumed the function of that office or until the person holding that office has resumed those functions, as the case may be, they shall be performed by such one of the other members of the Commission as may for the time being be designated in that behalf by the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

۵. If the office of a member of the Public Service Commission other than the Chairman is vacant or the holder thereof is for any reason unable to perform the functions of his office, the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may appoint a person who is qualified for appointment as a member of the Commission to act in the office f that member; and any person so appointed shall, subject to the provisions of sub-paragraph (۳)(b) for this Article and Article ۱۲۶ of this Constitution, continue so to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, the holder thereof resumes those functions or until his appointment so to act is revoked by the Governor-General, acting as aforesaid.

۶. A former member of the Public Service Commission shall not, within a period of five years commencing with the date on which he last held or acted in that office, be eligible for appointment to any office power to make appointments to which is vested by this Constitution in the Governor-General acting on the recommendation or in accordance with the advice of the Public Service Commission.



Part ۲ Appointments etc. of Public Officers


۱۰۸. Appointments, etc. of public officers.


Subject to the provisions of this Constitution power to make appointments to public offices and to remove and to exercise disciplinary control over persons holding or acting in such offices is hereby vested in the Governor-General, acting in accordance with the advice of the Public Service Commission.


۱۰۹. Appointments of Permanent Secretaries and certain other public officers.


۱. Notwithstanding anything contained in the preceding Article of this Chapter-

a. power to make appointments to the office of Permanent Secretary or Head of a Department of Government (or to be the holder of any such other office of similar status as the Governor-General may, acting in accordance with the advice of the Prime Minister specify by notice in the Gazette) is hereby vested in the Governor-General acting on the recommendation of the Public Service Commission after the Commission has consulted the Prime Minister;

b. power to make appointments to the office of Permanent Secretary on transfer from another such office carrying the same salary is hereby vested in the Governor-General acting on the advice of the Prime Minister.


۲. In this Article "Permanent Secretary" includes the Secretary of the Cabinet and the Financial Secretary.


۱۱۰. Delegation of Governor-General"s powers.


The Governor-General acting in accordance with the advice of the Public Service Commission, may by directions given by instrument under the Public Seal delegate, to such extent and subject to such conditions as may be specified in those directions, the powers vested in him by Article ۱۰۸ of this Constitution (other than powers to make appointments to the office referred to in Article ۱۰۹ of this Constitution and to remove or exercise disciplinary control over persons holding or acting in such offices) to such public officers as may be so specified.


۱۱۱. Appointments, etc. of principal representatives of The Bahamas abroad.


۱. Power to appoint persons to hold or act in the offices to which this Article applies (including power to make appointments on promotion and transfer and to confirm appointments) and to remove persons so appointed from any such office shall vest in the Governor-General, acting in accordance with the advice of the Prime Minister.

۲. Before tendering any advice for the purposes of this Article in relation to any person who holds or acts in any public office other than an office to which this Article applies, the Prime Minister shall consult the Service Commission which is responsible for advising in respect of appointments to the office which the person concerned holds or in which he is acting.

۳. The office to which this Article applies are the offices of Ambassador, High Commissioner or any other principal representative of The Bahamas in any of the country or accredited to any international organization.


۱۱۲. Appointments on transfer in respect of certain offices.


۱. Power to make appointments on transfer to the offices to which this Article applies shall vest in the Prime Minister.

۲. The offices to which this Article apples are-

a. offices, the holders of which are required to reside outside The Bahamas for the proper discharge of their functions;

b. such offices in the Ministry responsible for the conduct of the external affairs of The Bahamas as may, from time to time, be designated by the Prime Minister.


۱۱۳. Appointment of Secretary to the Cabinet.


۱. There shall be a Secretary to the Cabinet whose office shall be a public office.

۲. Power to appoint any person to the office of Secretary to the Cabinet and to remove such person from that office shall vest in the Governor-General acting in accordance with the advice of the Prime Minister.

۳. Before tendering advice for the purposes of this Article, the Prime Minister shall consult the Public Service Commission.

۴. The Secretary to the Cabinet shall have charge of the Cabinet Office and shall be responsible, in accordance with such instructions as may be given to him by the Prime Minister, for the supervision of any department of the Government for which the Prime Minister has responsibility.



Part ۳

The Public Service Board of Appeal


۱۱۴. Public Service Board of Appeal.

۱. There shall be a Public Service Board of Appeal for The Bahamas which shall consist of the following members, who shall be appointed by instrument under the Public Seal-

a. one member appointed by the Governor-General acting in accordance with the advice of the Chief Justice from among persons who hold or have held high judicial office or are qualified to hold high judicial office, who shall be Chairman;

b. one member appointed by the Governor-General acting in accordance with the advice of the Prime Minister; and

c. one member appointed by the Governor-General acting in accordance with the advice of the appropriate representative body.


۲. A person shall not be qualified for appointment as a member of the Board if he is a member of either House.

۳. Subject to the provisions of this Article and of Article ۱۲۶ of this Constitution, the office of a member of the Board shall become vacant-

a. at the expiration of three years from the date of his appointment;

b. if he becomes a member of either House.


۴. If at any time any member of the Board is for any reason unable to exercise the functions of his office, the Governor-General may appoint a person who is qualified to be appointed as a member of the Board to act as a member, and any person so appointed shall, subject to the provisions of sub-paragraph (۳)(b) of this Article and Article ۱۲۶ of this Constitution, continue to act until the office in which he is acting has been filled to, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the Governor-General.

۵. The Board shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.

۶. In this Article "the appropriate representative body" means such body representing the interests of public officers as the Governor-General may, by Order, designate.


۱۱۵. Appeals in discipline cases.


۱. Subject to the provisions of this Article, an appeal shall lie to the Public Service Board of Appeal at the instance of the officer in respect of whom the decision is made from any decision of the Governor-General, acting in accordance with the advice of the Public Service Commission, that any public officer shall be removed from office or that any penalty should be imposed on him by way of disciplinary control.

۲. Upon an appeal under paragraph ۸۱) of this Article the Board may affirm or set aside the decision appealed from or may make any other decision which the authority or person from whom the appeal lies could have made.

۳. Every decision of the Board shall require the concurrence of a majority of all its members.

۴. Subject to the provisions of paragraph (۳) of this Article, the Board may be regulations make provision for-

a. the procedure of the Board;

b. the procedure in appeals under this Article;

c. exceeding from the provisions of paragraph (۱) of this Article decisions in respect of public officers holding offices whose emoluments do not exceed such sum as may be prescribed or such decisions to exercise disciplinary control, other than decisions to remove from office, as may be prescribed.


۵. Regulations made under this Article may, with the consent of the Prime Minister, confer powers or impose duties on any public officer or any authority of the Government of The Bahamas for the purpose of the exercise of the functions of the Board.

۶. The Board may, subject to the provisions of this Article and to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member.



Part ۴ The Judicial and Legal Service Commission


۱۱۶. Establishment and composition of the Judicial and Legal Service Commission.


۱. There shall be a Judicial and Legal Service Commission for The Bahamas.

۲. The members of the Judicial and Legal Service Commission shall be-

a. the Chief Justice, who shall be Chairmen;

b. such other Justice of the Supreme Court or Justice of Appeal as may be designated by the Governor-General, acting on the recommendation of the Chief Justice, by instrument under the Public Seal;

c. the Chairman of the Public Service Commission; and

d. two persons appointed by the Governor-General by instrument under the Public Seal, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.


۳. Subject to the provisions of Article ۱۲۶ of this Constitution, the office of a member of the Judicial and Legal Service Commission referred to in sub-paragraph (۲)(d) of this Article shall become vacant-

a. at the expiration of three years form the date of his appointment or such earlier time as may be specified in the instrument by which he was appointed;

b. if he becomes a member of either House.


۴. A person shall not be qualified to be appointed as a member of the Commission under subparagraph (۲) (b) of this Article unless he holds or is qualified to hold or has held high judicial office; and a person shall be disqualified for appointment as such if he is a member of either House.

۵. If the office of Chairman of the Judicial and Legal Service Commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, then until a person has been appointed to and has assumed the faction of that office or until the person holding that office has resumed those functions, as the case may be, they shall be performed by such one of the other members of the Commission as may for the time being be designated in that behalf by the Governor-General, acting on the recommendation of the Chief Justice, or, if the is for any reason incapacitated from making a recommendation, of the other Justice of the Supreme Court or Justice of Appeal who is a member of the Commission.

۶. If at any time one of the members of the Commission referred to in sub-paragraphs (۲)(b), (c) or (d) of this Article is for any reason unable to exercise the function of his office, the Governor-General, in the case of the Chairman of the Public Service Commission, may appoint another member of the Public Service Commission to act as a member, and in the case of a member referred to in sub-paragraphs (۲)(b) or (d) of this Article may, acting on the same recommendation as for the appointment of that members, appoint a person who is qualified to be appointed as a member of the Commission to act as a member. Any person so appointed shall, subject to the provisions of sub-paragraph (۳)(b) of this Article and Article ۱۲۶ of this Constitution, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the Governor-General, acting as aforesaid.


۱۱۷. Appointments, etc. of judicial an legal officers.


۱. Subject to the provisions of this Constitution, power to make appointments to public offices to which this Article applies and to remove and to exercise disciplinary control over persons holding or acting in such officer is hereby vested in the Governor-General acting in accordance with the advice of the Judicial and Legal Service Commission.

۲. This Article applies to such public offices for appointment to which persons are required to posses legal qualifications as may be prescribed by Parliament.



Part ۵ The Police Service Commission


۱۱۸. Establishment and composition of the Police Service Commission.


۱. There shall be a Police Service Commission for the Bahamas which shall consist of Chairman and two other members appointed by the Governor-General acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, by instrument under the Public Seal.

۲. No person shall be qualified to be appointed as a member of the Police Service Commission if he is a member of either House or a public officer.

۳. Subject to the provisions of Article ۱۲۶ of this Constitution, the office of a member of the Police Service Commission shall become vacant-

a. at the expiration of three years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed;

b. if he becomes a member of either House or a public officer.


۴. If the office of Chairman of the Police Service Commission is vacant or the holder thereof is for any reason unable to perform the function of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be performed by such one of the other members of the Commission as may for the time being be designated in that behalf by the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

۵. If the office of a member of the Police Service Commission other than the Chairman is vacant or the holder thereof is for any reason unable to perform the functions thereof, the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may appoint a person who is qualified for appointments as a member of the Commission to act in the office of that member; and any person so appointed shall, subject to the provisions of sub-paragraph (۳)(b) of this Article and Article ۱۲۶ of this Constitution, continue so to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, the holder thereof resumes those functions or until his appointment so to act is revoked by the Governor-General, acting as aforesaid.


۱۱۹. Appointment of Commissioner of Police and other officers of the Police Force,


۱. Power to make appointments to the office of Commissioner of Police and Deputy Commissioner of Police shall be vested in the Governor-General acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

۲. Save as provided under paragraph (۱) of this Article power to make appointments to offices in the Police Force of or above the rank of Assistant Commissioner of Police is vested in the Governor-General acting on the recommendation of the Prime Minister after consultation with the Police Service Commission.

۳. Save as provided in the preceding paragraphs of this Article, power to make appointments to offices in the Police Force of or above the rank of Inspector is vested in the Governor-General, acting on the advice of the Police Service Commission.

۴. There shall be in the Police Force such number of Police Promotion Boards, each consisting of officers in the Police Force above the rank of Inspector, as may be prescribed by regulations made under this paragraph.

۵. Power to make appointments to offices in the Police Force below the rank of Inspector shall be vested in the Commissioner of Police acting after consultation with a Police Promotion Board.

۶. Power to make posting and appointments on transfer within the Police Force of officers in that Force shall be vested in the Commissioner of Police.


۱۲۰. Removal of the Commissioner and Deputy Commissioner of Police.


۱. The Commissioner of Police and Deputy Commissioner of Police may be removed from office by the Governor-General but shall not be removed except in accordance with the provisions of paragraph (۲) of this Article.

۲. The Commissioner of Police or Deputy Commissioner of Police shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under paragraph (۳) of this Article and the tribunal has recommended to the Governor-General that he ought to be removed from office.

۳. If the Prime Minister represented to the Governor-General that the question of removing the Commissioner of Police or Deputy Commissioner or Police from office ought to be investigated, then-

a. the Governor-General acting in accordance with the advice of the Prime Minister shall suspend the Commissioner of Police or Deputy Commissioner of Police from performing the functions of his office, as the case may be;

b. the Governor-General shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission, from among persons who hold or have held or are eligible to hold high judicial office; and

c. the tribunal shall inquire into the matter and report on the facts thereof to the Governor-General whether the Commissioner of Police or Deputy Commissioner of Police ought to be removed from office.


۴. If the question of removing the Commissioner of Police or Deputy Commissioner of Police from office has been referred to a tribunal under paragraph (۳) of this Article, the Governor-General shall revoke any such suspension if the tribunal recommends to the Governor-General that the Commissioner of Police or Deputy Commissioner of Police should not be removed from office.


۱۲۱. Removal and discipline of members of the Force.


۱. Save as provided under Article ۱۲۰ of this Constitution, power to remove and to exercise disciplinary control over persons holding or acting in the office of or above the rank of Assistant Commissioner in the Police Force is vested in the Governor-General acting in accordance with the advice of the Police Service Commission after consultation with the Prime Minister.

۲. Save as provided in Article ۱۲۰ of this Constitution and paragraphs (۱) and (۳) of this Article, power to remove and exercise disciplinary control over persons holding or acting in office in the Police Force is vested in the Governor-General acting in accordance with the advice of the Police Service Commission.

۳. The following powers are vested in the Commissioner of Police-

a. in respect of officer of or above the rank of Assistant Superintended, the power to administer reprimands;

b. in respect of Inspector, the power to exercise disciplinary control other than removal or reduction in rank; and

c. in respect of officers below the rank of Inspector, the power to exercise disciplinary control including the power of removal.


۴. The Commissioner of Police may, by directions in writing, and subject to such conditions as he thinks fit, delegate to any officers of the Police Force of or above the rank of Inspector any of his powers under sub-paragraph (۳)(c) of this Article other than the power of removal; but an appeal from any award of punishment by such officer shall lie to the Commissioner.

۵. Parliament may by law provide that an appeal shall lie to the Governor-General from a decision of the Commissioner of Police to remove or exercise disciplinary control over persons holding or acting in offices in the Police Force in such cases as may be prescribed by such law, and in determining any such appeal the Governor-General shall act in accordance with the advice of the Police Service Commission.



Part ۶ Pensions


۱۲۲. Protection of pension rights.


۱. Subject to the provisions of Articles ۱۲۳ and ۱۲۴ of this Constitution, the law applicable to the grant and payment to any officer, or to his widow, children, dependents or personal representatives, of any pensions, compensation, gratuity or other like allowance (in this an "award") in respect of the service of that officer in a public office shall be that in force on the relevant date or any later law tat is not less favorable to that person.

۲. In paragraph (۱) of this Article "the relevant date" means-

a. in relation to an award granted before ۱۰th July ۱۹۷۳, the date on which the award was granted;

b. in relation to an award granted or to be granted on or after ۱۰th July ۱۹۷۳ to or in respect of any person who was a public officer before that date ۹th July ۱۹۷۳;

c. in relation to an award granted or to be granted to or in respect of any person who becomes a public officer on or after ۱۰th July ۱۹۷۳, the date on which he becomes a public officer.


۳. Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law specified by him in exercising the option shall, for the purposes of this Article, be deemed to be more favorable to him than the other law or laws.

۴. Awards granted under any law in respect of service in a public office (not being awards that are a charge upon some other public fund of The Bahamas) are hereby charged on the Consolidated Fund.

۵. For the purposes of this Article and of Articles ۱۲۳ and ۱۲۴ of this Constitution, service as a Justice of the Supreme Court or Justice of Appeal shall be deemed to be service in the public service.


۱۲۳. Grant and withholding of pensions, etc.


۱. The power to grant any award under any pensions law for the time being in force in The Bahamas (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that behalf contained in any such law, to withhold, reduce in amount or suspend any award payable under any such law is hereby vested in the Governor-General.

۲. The power vested in the Governor-General by paragraph (۱) of this Article shall be exercised by him on the recommendation of the appropriate Service Commission.

۳. The appropriate Service Commission shall not recommend to the Governor-General that any award for which a person who holds or has held the office of a Justice of the Supreme Court or Justice of Appeal or Auditor-General is eligible shall not be granted, or that any award payable to him shall be withheld, reduced in amount or suspended, on the ground that he has been guilty of misbehavior unless he has been removed from office by reason of such misbehavior.

۴. In this Article and in Article ۱۲۴ of this Constitution "the appropriate Service Commission" means-

a. in the case of an award that may be granted or is payable to a person who, having been a public officer, was immediately before the date on which he ceased to hold public office serving-

i. as a Justice of the Supreme Court or Justice of Appeal;

ii. in any public office to which the provision of Article ۱۱۷ of this Constitution applied on that date,

- the judicial and Legal Service Commission;

b. in the case of an award that may be granted or is payable to a person who, having been a public officer, was immediately before the date on which he ceased to hold public office, serving as a the date on which he ceased to hold public office, serving as a member of the Police Force, the Police Service Commission;

c. in any other case the Public Service Commission.


۵. In this Article "pension law" means nay law relating to the grant to any person or to the widow, children, dependents or personal representatives of that person, of an award of any pension, compensation, gratuity or other like allowance in respect of the service of that person in a public office an includes any instrument make under any such law.


۱۲۴. Appeals in respect of certain decisions affecting pensions benefits.


۱. The provisions of this Article shall have effect for the purpose of enabling an officer or his personal representatives to appeal against any of the following decisions, that is to say:-

a. a decision of the appropriate Service Commission embodying a recommendation in respect of an officer, under Article ۱۲۳(۲) of this Constitution, not to grant or to withhold, reduce in amount or suspend, and award;

b. a decision of any authority to remove an office from office if the consequence of the removal is that an award cannot be granted in respect of the officer"s service in a public office; or

c. a decision of any authority to take some other disciplinary action in relation to such an office if the consequence of the action is or in the opinion of the authority might be, to reduce the amount of any award that may be grated in respect of the officer"s service in a public office.

۲. Where any such decision as is referred to in paragraph (۱) of this Article is taken by any Commission or authority, the Commission or authority shall cause to be delivered to the officer concerned, or to his personal representatives, a written notice of that decision stating the time, not being less than twenty-eight days from the date on which the notice is delivered, within which he, or his personal representatives, may apply to the Commission or authority for the case to be referred to the Public Service Board of Appeal.

۳. The Board shall inquire into the facts of the case, and for that purpose-

a. shall, if the applicant so requests in writing, hear the applicant either in person or by a legal representative of his choice, according to the terms of the request, and shall consider any representations that he wishes to make in writing;

b. may hear any other person who, in the opinion of the Board, is able to give the Board information on the case; and

c. shall have access to, and shall consider, all documents that were available to the Commission or authority concerned and shall also consider any further document relating to the case that may be produced by or on behalf of the applicant or the Commission or authority.

۴. When the Board has completed its consideration of the case, then-

a. if the decision that is the subject of reference to the Board is such a decision as is mentioned in sub-paragraph (۱)(a) of this Article, the Board shall advise the appropriate Service Commission or authority whether the decision should be affirmed, reversed or modified and the Commissioner authority shall act in accordance with that advice; and

b. if the decision that is the subject of the reference to the Board is such a decision as is referred to in sub-paragraph (۱)(b) of (c) of this Article, the Board shall not have power to advise the Commission or authority concerned to affirm, reverse or modify the decision but-

i. where the officer has been removed from office the Board may direct that there shall be granted all or any part of the award that, under any law, might have been granted in respect of his service in a public office if he had retired voluntarily at the date of his removal and may direct that any law with respect to awards shall in any other respect that the Board may specify have effect as if he had so retired, and

ii. where some other disciplinary action has been taken in relation to the office the Board may direct that, on the grant of any award under any law in respect of the officer"s service in a public office, that award shall be increased by such amount or shall be calculated in such manner as the Board may specify in order to offset all or any part of the reduction in the amount of that award that, in the opinion of the Board, would or might otherwise be a consequence of the provisions of any other law.

۵. If the appeal relates to a case in which the officer exercises his right of appeal to the Board under Article ۱۱۵(۱) of this Constitution, the Board shall first consider his appeal under that Article and only if it decides to affirm the decision or to make some other decision the consequence of which would be to affect the officer"s award, shall the Board proceed to consider the officer"s appeal under this Article.

۶. For the purposes of this Article-

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

b. a notice shall be deemed to have been delivered to an office one week after it has been posted if, in the case of an officer on pension and resident outside The Bahamas whose residential address cannot be ascertained, it has been posted addressed to him at the address to which his pension is being paid.



Part ۷ Miscellaneous


۱۲۵. Procedure of Commissions.


۱. In relation to any Commission established by this Chapter the Governor-General, acting in accordance with the advice of the Commission, may by regulation or otherwise regulate its procedure and, subject to the consent of the Prime Minister, confer powers and impose duties on any public officer or any authority of the Government for the purpose of the discharge of the functions of the Commission.

۲. At any meeting of any Commission established by this Chapter a quorum shall be constituted if a majority of the members are present; and, if a quorum is present, the Commission shall not be disqualified for the transaction of business by reason of any vacancy among its members or the absence of any member, and any proceedings of the Commission shall be valid notwithstanding that some person who was not entitled so to do took part therein.

۳. Any question proposed for decision at any meeting of any Commission established by this Chapter shall be determined by a majority of the votes of the members thereof present and voting, and if on any such question the votes are equally divided the member presiding shall have and exercise a casting vote.

۴. Any question whether-

a. any Commission established by this Chapter has validly performed any functions vested in it or under this Chapter;

b. any person has validly performed any functions delegated to him; or

c. any member of such a Commission or any other person or authority has validly performed any other function in relation to the work of the Commission,

۶. shall not be inquired into in any court.


۱۲۶. Removal from office of certain persons.


۱. A member of a Commission established under this Chapter may be removed from office only for inability to exercise the function of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior and shall not be so removed except in accordance with the provisions of this Article.

۲. A member of a Commission shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under paragraph (۳) of this Article and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehavior.

۳. If the Governor-General, acting in accordance with the advice of the prescribed authority, considers that the question of removing a member of a Commission under this Article ought to be investigated, then-

a. the Governor-General, acting in accordance with the advice of the prescribed authority shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the Chief Justice, or where the question concerns the Chairman of the Judicial and Legal Service Commission by the President of the Court of Appeal, from among persons who hold or have held or are qualified to hold office as a Justice of the Supreme Court; and

b. the tribunal shall inquire into the matter and report on the facts thereof the Governor-General and recommend to him whether the member ought to be removed under this Article.


۴. If the question of removing a member of a Commission has been referred to a tribunal under this Article, the Governor-General, acting in accordance with the advice of the prescribed authority, may suspend that member from the exercise of the functions of his office and any such suspension may be at any time revoked by the Governor-General, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that member should not be removed.

۵. In this Article-

"Commission" includes the Public Service Board of Appeal;

"the prescribed authority" means-

a. in relation to the Public Service Commission or the Judicial and Legal Service Commission, the Prime Minister when the question concerns the Chairman of either of those Commissions, and the Chairman of the Commission concerned when the question concerns any other member of either of those Commissions; and

b. in relation to the Public Service Board of Appeal or the Police Service Commission, the Prime Minister.


۱۲۷. Public Service.


In this Constitution references to the public service shall not be construed as including service in

a. the office of Governor-General, Prime Minister or other Minister, Parliamentary Secretary, Leader of the Opposition, President and Vice-President of the Senate, Senator, Speaker and Deputy Speaker of the House of Assembly, or member of the House of Assembly;

b. the office of a member of the Public Service Commission, the Public Service Board of Appeal, the Judicial and Legal Service Commission or the Police Service Commission;

c. the staff of the Department of Tourism or of any other department or agency of the Government established for special purposes by any law which specifies that offices therein shall not be public offices for the purposes of this Constitution;

d. the office of a member of any board, committee or other similar body (whether incorporated or not) established by any law in force in The Bahamas; or

e. except as otherwise provided in this Constitution the office of a Justice of the Supreme Court, a Justice of Appeal or any office on the personal staff of the Governor-General.



CHAPTER IX FINANCE

۱۲۸. Consolidated Fund.


There shall be in and for the Bahamas a Consolidated Fund, into which, subject to the provision of any law for the time being in force in The Bahamas, shall be paid all revenues of The Bahamas.


۱۲۹. Estimates.


۱. The Minister of Finance shall, before the end of each financial year, cause to be prepared annual estimates of revenue and expenditure for public services during the succeeding financial year, which shall be laid before the House of Assembly.

۲. The estimates of expenditure shall show separately the sums required to meet statutory expenditure (as defined in Article ۱۳۰(۷) of this Constitution) and the sums required to meet other expenditure proposed to be paid out of the Consolidated Fund.


۱۳۰. Authority for Public Expenditure.


۱. The Minister of Finance shall, in respect of each financial year, at the earliest convenient moment before the commencement of that financial year, introduce in the House of Assembly an Appropriation Bill containing, under appropriate heads for the several services required, the estimated aggregated sums which are proposed to be expended (otherwise than by way of statutory expenditure) during that financial year.

۲. Subject to paragraphs (۴) and (۶) of this Article, the sums set out in the Appropriation Act in respect of a financial year shall represent the limit and extent of the public expenditure for that financial year.

۳. Where any sum is set out in the Appropriation Act in respect of a financial year and at the end of that year there is an unexpended balance of that sum, the unexpended balance shall lapse.

۴. The Minister of Finance may, in case of necessity, from time to time cause to be prepared supplementary estimates of expenditure which shall be laid before and voted on by the House of Assembly.

۵. In respect of all supplementary expenditure voted on by the House of Assembly in pursuance of paragraph (۴) of this Article, the Minister of Finance may, at any time before the end of the financial year, introduce into the House of Assembly a Supplementary Appropriation Bill containing, under appropriate heads, the aggregate sums so voted and shall, as soon as possible after the end of each financial year, introduce into the House of Assembly a final Appropriation Bill containing any such sums which have not yet been included in any Appropriation Bill.

۶. That part of any estimate of expenditure laid before the House of Assembly which shows statutory expenditure shall not be voted on by the House, and such expenditure shall, without further authority of Parliament, be paid out of the Consolidated Fund.

۷. For the purposes of this Article and Article ۱۲۹ of this Constitution-

a. "financial year" means any period of twelve months beginning of ۱st January in any year or such other date as Parliament may prescribe; and

b. "statutory expenditure" means expenditure charged on the Consolidated Fund or on the General revenues and assents of the Bahamas by any provisions of this Constitution or of any other law for the time being in force in The Bahamas.


۱۳۱. Withdrawal of money from the Consolidated Fund.


No sum shall be paid out of the Consolidated Fund except upon the authority of a warrant under the hand of the Minister of Finance or under the hand of some person authorized by him in writing; and sums so issued shall be disposed of for meeting public expenditure authorized under Article ۱۳۰ of this Constitution or, in the case of statutory expenditure, for the purposed appointed by law.


۱۳۲. Withdrawal of money in advance of Appropriation Act.


Where at any time for any justifiable reason, the Appropriation Bill in respect of any financial year has not come into operation by the beginning of that financial year, the Minister of Finance may, to such an extent and subject to such conditions as may be prescribed, or if no conditions have been prescribed on a resolution to that effect passed by the House of Assembly, issue a warrant for the payment out of the Consolidated Fund or other public funds of The Bahamas of such sums as he may consider necessary for the continuance of the public service, but a statement of the sums so authorized shall, as soon as practicable, be laid before and voted on by the House of Assembly and the aggregate sums so voted shall be included, under the appropriate heads, in the next Appropriation Bill immediately following.


۱۳۳. Contingencies Fund.


۱. Parliament may by law provide for the establishment of a Contingencies Fund and may authorize the Minister of Finance to make advances from that Fund if he is satisfied that there is an unforeseen need for expenditure for which no provision or no sufficient provisions has been made by an Appropriation Act.

۲. Where any advances are made by virtue of an authorization conferred under paragraph (۱) of this Article, a supplementary estimate of the sums required to replace the amount so advanced shall, as soon as practicable, be laid before and voted on by the House of Assembly and the sums so voted shall be included in a Supplementary Appropriation Bill or a Final Appropriation Bill.


۱۳۴. Public Debt.


The Public Debt of the Bahamas, including the interest on the debt, sinking fund payments and redemption monies in respect of that debt and the costs, charges and expenses incidental to the management of that debt, is hereby charged on the Consolidated Fund.


۱۳۵. Remuneration of Governor-General and certain other officers.


۱. There shall be paid to the holders of the offices to which this Article applies such salaries and allowances as may be prescribed by or under any law.

۲. The salaries payable to the holders of the offices to which this Article applies are hereby charged on the Consolidated Fund.

۳. The salary and allowance payable to the holder of any office to which this Article applies and his other terms of service shall not be altered to his disadvantage after his appointment, and, for the purposes of this paragraph, in so far as the terms of service of any person depend upon the option of that person, the terms for which he opts shall be taken to be more advantageous to him than any other terms for which he might have opted.

۴. This Article apples to the office of Governor-General, Justice of the Supreme Court, Justice of Appeal, Auditor-General and member of any Commission established by Chapter VIII of this Constitution or of the Public Service Board of Appeal.


۱۳۶. Establishment of office and functions of Auditor-General.


۱. There shall be an Auditor-General whose office shall be a public office.

۲. The Auditor-General shall be appointed by the Governor-General, by instrument under the Public Seal, acting on the recommendation of the Public Service Commission made after the Commission has consulted the Prime Minister.

۳. The accounts of the Supreme Court, the Senate, the House of Assembly, all departments and offices of the Government (but excluding the Department of the Auditor-General), the Public Service Commission, the Judicial and Legal Service Commission, the Police Service Commission and all Magistrates" Courts shall, at least once in every year, be audited and reported on by the Auditor-General who, with his subordinate staff, shall at all times be entitled to have access to all books, records, returns and reports relating to such accounts.

۴. The Auditor-General shall submit his reports made under paragraph (۳) of this Article without undue delay to the Speaker (or, if the office of Speaker is vacant or the Speaker is for any reason unable to perform the functions of his office, to the Deputy Speaker) who shall cause them to be laid before the House of Assembly without undue delay.

۵. In the exercise of this functions under the provisions of paragraphs (۳) and(۴) of this Article, the Auditor-general shall not be subject to the direction or control of any other person or authority.

۶. The accounts of the department of the Auditor-General shall be audited and reported on by the Minister of Finance and the provisions of paragraphs (۳) and (۴) of this Article shall apply in relation to the exercise by that Minister of those function as they apply in relation to audits and reports made by the Auditor-General.

۷. Nothing in this Article shall prevent the performance by the Auditor-General of-

a. such other functions in relation to the accounts of the Government and that accounts of other public authorities and other bodies administering public funds in The Bahamas as may be prescribed by or under any law for the time being in force in The Bahamas; or

b. such other functions in relation to the supervision and control of expenditure form public funds in The Bahamas as may be so prescribed.


۸. The Auditor-General may be removed from office only for inability to discharge the functions thereof (whether arising form infirmity of mind or body or any other cause) or for misbehavior, and shall not be so removed except in accordance with the provisions of paragraph (۹) of this Article.

۹. The Auditor-General shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under paragraph (۱۰) of this Article and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehavior.

۱۰. If the Prime Minister represents to the Governor-General that the question of removing the Auditor-General form office for inability as aforesaid or for misbehavior ought to be investigated, then-

a. the Governor-General shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission, from among persons who hold or have held or are eligible to hold high judicial office; and

b. the tribunal shall inquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether the Auditor-General ought to be removed from office for inability as aforesaid or for misbehavior.


۱۱. If the question of removing the Auditor-general form office has been referred to a tribunal under paragraph (۹) of this Article, the Governor-General, acting in accordance with the advice of the Public Service Commission, may suspend the Auditor-general from performing the functions of this office and any such suspension may at any time be revoked by the Governor-General, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that the Auditor-General should not be removed from office.


CHAPTER X INTERPRETATION

۱۳۷. Interpretation.


۱. In this Constitution, unless it is otherwise provided or required by the context-

"Act" or "Act of Parliament" means any law made by Parliament;

"The Bahamas" means The Commonwealth of The Bahamas;

"the Commonwealth" means, save as otherwise prescribed, The Bahamas, the United Kingdom, Canada, Australia, New Zealand, India, Sri Lanka, Ghana, Malaysia, Nigeria, Cyprus, Sierra Leone, Malta, Zambia, The Gambia, Singapore, Guyana, Lesotho, Botswana, Barbados, Mauritius, Swaziland, Tonga, Fiji, Western Samoa, Nauru, Bangladesh and any dependency of any such country;

"election" means an election of a member or members of the House of Assembly;

"the Gazette" means the Official Gazette of The Bahamas;

"House" means either the Senate or the House of Assembly or both, as the context may require;

"high judicial office" means the office of judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court;

"law" includes any instrument having the force of law and any unwritten rule of law, and "lawful" and "lawfully" shall be construed accordingly;

"Minister" includes a temporary Minister appointed under Article ۷۶ of this Constitution, except in relation to Articles ۷۲, ۷۳, ۷۶ and ۸۶ of this Constitution;

"Minister of Finance" means the Minister, by whatever title styled, responsible for Government finance;

"oath" includes affirmation;

"Parliament" means the Parliament of The Bahamas;

"the Police Force" means the Police Force established in and for The Bahamas and maintained under the provisions of the Police Act ۱۹۶۵(a) or any law amending or replacing that Act;

"prescribed" means provided by or under and Act of Parliament;

"public office" means, subject tot he provisions of paragraph (۶) of this Article and Article ۱۲۷ of this Constitution, any office of emolument in the public service;

"public officer" means the holder of any public office and includes any person appointed to act in any such office;

"the public service" means, subject to the provisions of Article ۱۲۷ of this Constitution, the service of the Crown in a civil capacity in respect of the Government of The Bahamas;

"session" means, in relation to a House, the sitting of that House commencing when it first meets after this Constitution comes into operation or after any general election or prorogation of Parliament and terminating when Parliament is prorogue or is dissolves without having been prorogue;

"sitting" means, in relation to a House, a period during which that House is sitting continuously without adjournment and includes any period during which the House is in committee.

۲. For the purposes of this Constitution the territory of The Bahamas shall comprise all the areas that were comprised therein immediately before ۱۰th July ۱۹۷۳ together with such other areas as Parliament may declare to form part thereof.

۳. For the purposes of Articles ۴۲, ۴۳, ۴۸ and ۴۹ of this Constitution-

a. "government contract" means, subject to such exception as Parliament may prescribe, any contract made with the Government of The Bahamas or with a department of that Government or with and officer of that Government contracting as such; and

b. a person shall be deemed to be interested in a government contract if-

i. subject to such exceptions as Parliament may prescribe, he is a party to such a contract or a partner in a firm or director or manager of a company which is a party to such a contract; or

ii. he is otherwise interested in such a contract in such manner as Parliament may prescribe.


۴. In this Constitution, unless it is otherwise provided or required by the context-

a. any reference to the date on which this Constitution comes into operation shall be construed as a reference to the appointed day referred to in section ۱(۲) of the Order in Council to which this Constitution is scheduled;

b. any reference to a law (which term shall, without prejudice to the definition in paragraph (۱) of this Article, include an Act) shall be construed as including a reference to a law made at any time before this Constitution comes into operation;

c. any reference to power to make appointments to any office shall be construed as including a reference to power to make appointments on promotion and transfer to that office and to power to appoint a person to act in that office during any period during which it is vacant or the holder thereof is unable (whether by reason of absence or of infirmity of body or mind or any other cause) to perform the functions of that office;

d. any reference to the holder of an office by a term designating or describing his office shall be construed as including a reference to any person for the time being acting in that office or, tot he extent of his authority, otherwise authorized to perform the functions of that office.


۵. Where by this Constitution any person is directed, or power is conferred on any person or authority to appoint a person, to act in or otherwise to perform the functions of an office if the holder thereof is unable to perform the functions of that office, the validity of any performance of those functions by the person so directed or of any appointment in exercise of that power shall not be called in question in any court on the ground that the holder of the office is not unable to perform the functions of the office.

۶. For the purpose of this Constitution, a person shall not be considered to hold a public office by reason only that he is in receipt of a pension or other like allowance in respect of public service.

۷. References in this Constitution to the power to remove a public officer from his office shall, subject to the provisions of this Constitution, be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service.

۸. Save as otherwise provided in this Constitution, any provisions of this Constitution that vests in any person or authority power to remove any public officer (other than a public officer mentioned in paragraph(۹) of this Article) form his office shall be without prejudice to the power of any person or authority to abolish any office of to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified therein.

۹. If any circumstances arise that, under the provisions of this Constitution, require the Governor to remove a Justice of the Supreme Court or a Justice of Appeal or the Commissioner of Police, the Deputy Commissioner of Police or the Auditor-General from office for inability to discharge the functions of his office, such removal may be carried out either by dismissing that officer or by requiring him to retire.

۱۰. Where any power is conferred by this Constitution to make any proclamation, order, rules or regulations or to give any direction, the power shall be construed as including a power exercisable in like manner to amend or revoke any such proclamation, order, rules, regulation or direction.

۱۱. Any person appointed to an office under any provisions in this Constitution may resign that office. Except as otherwise provided in this Constitution such resignation shall be made in writing to the person in whom under this Constitution the power is vested to make appointments to the office concerned.

۱۲. Where two or more persons are holding the same office by reason of an appointment made in pursuance of paragraph (۴) of this Article, then-

a. for the purposes of any function conferred upon the holder on that office; and

b. for the purposes of any reference in this Constitution to the absence, illness or inability to perform the functions of his office of the holder of that office, the person last appointed to the office shall be deemed to be the sole holder of the office.


۱۳. The Interpretation Act of The Bahamas(a) and all amendments thereto as in force on ۱۰th July ۱۹۷۳ shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to Acts of Parliament of The Bahamas.



EXPLANATORY NOTE

(This Note is not part of the Order.)

By virtue of the Bahamas Independence Act ۱۹۷۳, The Bahamas will attain fully responsible status within the Commonwealth on ۱۰th July ۱۹۷۳, This Order makes provisions for a Constitution for The Bahamas to come into effect on that day, including provision for the legislature, the executive government, the judicature and the public service, The Constitution also contains provisions relating to citizen ship of the Bahamas and fundamental rights and freedoms of the individual



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