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Antigua and Barbuda ۱


The Antigua and Barbuda Constitution Order ۱۹۸۱


At the Court at Buckingham Palace, the ۳۱st day of July ۱۹۸۱

Present,

The Queen"s Most Excellent Majesty in Council


Whereas
the status of association of Antigua with the United Kingdom is to
terminate on ۱st November ۱۹۸۱ and it is necessary to establish a new
constitution for Antigua upon its attainment of fully responsible
status within the Commonwealth under the style of Antigua and Barbuda:

And
whereas the Associated State of Antigua has, by resolutions passed in
the Senate thereof on ۱st May ۱۹۸۱ and in the House of Representatives
thereof on ۲۳rd April ۱۹۸۱, requested and consented to the making of
this Order for that purpose:

Now, therefore, Her Majesty, by
virtue and in exercise of the powers vested in Her in that behalf by
section ۵(۴) of the West Indies Act ۱۹۶۷ (a), is pleased, by and with
the advice of Her Privy Council, to order, and it is hereby ordered, as
follows:-


۱.

۱. This Order may be cited as the Antigua and Barbuda Constitution Order ۱۹۸۱.

۲. This Order shall come into operation on ۳۱st October ۱۹۸۱.

۲.
The Antigua Constitution Order ۱۹۶۷(b), the Antigua Constitution
(Amendment) Order ۱۹۷۲ (c), and the Antigua Constitution (Amendment)
Order ۱۹۷۵ (d), which made provision for the constitution of the
Associated State of Antigua, are revoked.

۳. The Constitution
of Antigua and Barbuda set out in Schedule ۱ to this Order shall come
into effect in Antigua and Barbuda on ۱st November ۱۹۸۱ subject to the
transitional provisions set out in Schedule ۲ to this Order.




Preamble


WHEREAS the People of Antigua and Barbuda-


a.
proclaim that they are a sovereign nation founded upon principles that
acknowledge the supremacy of God, the dignity and worth of the human
person, the entitlement of all persons to the fundamental rights and
freedoms of the individual, the position of the family in a society of
free men and women and free institutions;

b. respect the
principles of social justice and, therefore, believe that the operation
of their economic system should result in the material resources of
their community being so distributed as to serve the common good, that
there should be adequate means of livelihood for all, that labour
should not be exploited or forced by economic necessity to operate in
inhumane conditions but that there should be opportunity for
advancement on the basis of recognition of merit, ability and
integrity;

c. assert their conviction that their happiness and
prosperity can best be pursued in a democratic society in which all
persons may, to the extent of their capacity, play some part in the
national life;

d. recognise that the law symbolises the public
conscience, that every citizen owes to it an undivided allegiance not
to be limited by any private views of justice or expediency and that
the State is subject to the law;

e. desire to establish a
framework of supreme law within which to guarantee their inalienable
human rights and freedoms, among them, the rights to liberty, property,
security and legal redress of grievances, as well as freedom of speech,
of the press and of assembly, subject only to the public interest:


NOW, THEREFORE, the following provisions shall have effect as the Constitution of Antigua and Barbuda:-


CHAPTER I THE STATE AND THE CONSTITUTION

۱: THE STATE AND ITS TERRITORY.


۱. Antigua and Barbuda shall be a unitary sovereign democratic State.

۲.
The territory of Antigua and Barbuda shall comprise the islands of
Antigua, Barbuda and Redonda and all other areas that were comprised in
Antigua on ۳۱st October ۱۹۸۱ together with such other areas as may be
declared by Act of Parliament to form part of the territory of Antigua
and Barbuda.


۲: CONSTITUTION IS SUPREME LAW.


This
Constitution is the supreme law of Antigua and Barbuda and, subject to
the provisions of this Constitution, if any other laws is inconsistent
with this Constitution, this Constitution shall prevail and the other
law shall, to the extent of he inconsistency, be void.



CHAPTER II PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

۳: FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL.


Whereas
every person in Antigua and Barbuda is entitled to the fundamental
rights and freedoms of the individual, that is to say, the right,
regardless of race, place of origin, political opinions or
affiliations, colour, creed or sex, but subject to respect for the
rights and freedoms of others and for the public interest, to each and
all of the following, namely-

a. life, liberty, security of the person, the enjoyment of property and the protection of the law;

b. freedom of conscience, of expression (including freedom of the press) and of peaceful assembly and association; and

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


۴: PROTECTION OF RIGHT TO LIFE


۱. No
person shall be deprived of his life intentionally save in execution of
the sentence of a court in respect of a crime of treason or murder of
which he has been convicted.

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

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

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

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

d.
in order lawfully to prevent the commission by that person of a
criminal offence, or if he dies as the result of a lawful act of war.


۵: PROTECTION OF RIGHT TO PERSONAL LIBERTY.


۱.
No person shall be deprived of his personal liberty save as may be
authorised by law in any of the following cases, that is to say-

a. in consequence of his unfitness to plead to a criminal charge;

b.
in execution of the sentence or order of a court, whether established
for Antigua and Barbuda or some other country, in respect of a criminal
offence of which he has been convicted;

c. in execution of an
order of the High Court or of the Court of Appeal or such other court
as may be prescribed by Parliament on the grounds of his contempt of
any such court or of another court or tribunal;

d. in execution of the order of a court made in order to secure the fulfillment of any obligation imposed on him by law;

e. for the purpose of bringing him before a court in execution of the order of a court;

f. upon reasonable suspicion of his having committed or of being about to commit a criminal offence under any law;

g.
under the order of a court or with the consent of his parent or
guardian, for his education or welfare during any period ending not
later than the date when he attains the age of eighteen years;

h. for the purpose of preventing the spread of an infectious or contagious disease;

i.
in the case of a person who is, or is reasonably suspected to be, of
unsound mind, addicted to drugs or alcohol, or a vagrant, for the
purpose of his care or treatment or the protection of the community;

j.
for the purpose of preventing the unlawful entry of that person into
Antigua and Barbuda, or for the purpose of effecting the expulsion,
extradition or other lawful removal of that person from Antigua and
Barbuda or for the purpose of restricting that person while he is being
conveyed through Antigua and Barbuda in the course of his extradition
or removal as a convicted prisoner from one country to another; or

k.
to such extent as may be necessary in the execution of a lawful order
requiring that person to remain within a specified area within Antigua
and Barbuda or prohibiting him from being within such an area or to
such extent as may be reasonably justifiable for the taking of
proceedings against that person relating to the making of any such
order or relating to such an order after it has been made, or to such
extent as may be reasonably justifiable for restraining that person
during any visit that he is permitted to make to any part of Antigua
and Barbuda in which, in consequence of any such order, his presence
would otherwise be unlawful.

۲. any person who is arrested or
detained shall be informed orally and in writing as soon as reasonably
practicable, in language that he understands, of the reason for his
arrest or detention.

۳. Any person who is arrested or detained
shall have the right, at any stage and at his own expense, to retain
and instruct without delay a legal practitioner of his own choice, and
to hold private communications with him, and in the case of a minor he
shall also be afforded a reasonable opportunity for communication with
his parent or guardian.

۴. When a person is arrested, excessive bail shall not be required in those cases where bail is being granted.

۵. Any person who is arrested or detained-

a. for the purpose of bringing him before a court in execution of the order of a court; or

b.
upon reasonable suspicion of his having committed or being about to
commit a criminal offence under any law,and who is not released shall
be brought before the court within forty-eight hours after his
detention and, in computing time for the purposes of this subsection,
Sundays and public holidays shall be excluded.

۶. If any
person arrested or detained as mentioned in subsection (۵) (b) of this
section is not tried within a reasonable time, then, without prejudice
to any further proceedings which may be brought against him, he shall
be released either unconditionally or upon reasonable conditions,
including in particular such conditions as are reasonably necessary to
ensure that he appears at a later date for trial or for proceedings
preliminary to trial and, subject to subsection (۴) of this section,
such conditions may include bail.

۷. Any person who is
unlawfully arrested or detained by any other person shall, subject to
such defences as may be provided by law, be entitled to compensation
for such unlawful arrest or detention from the person who made the
arrest or effected the detention, from any person or authority on whose
behalf the person making the arrest or effecting the detention was
acting or from them both:

Provided that a judge, a magistrate
or a justice of the peace or an officer of a court or a police officer
acting in pursuance of the order of a judge, a magistrate or a justice
of the peace shall not be under any personal liability to pay
compensation under this subsection in consequence of any act performed
by him in good faith in the discharge of the functions of his office
and any liability to pay any such compensation in consequence of any
such act shall be a liability of the Crown.

۸. For the
purposes of subsection (۱) (b) of this section, a person charged with a
criminal offence in respect of whom a special verdict has been returned
that he was guilty of the act or omission charged but was insane when
he did the act or made the omission shall be regarded as a person who
has been convicted of a criminal offence and the detention of that
person in consequence of such a verdict shall be regarded as detention
in execution of the order of a court.


۶: PROTECTION FROM SLAVERY AND FORCED LABOUR


۱. No person shall be held in slavery or servitude.

۲. No person shall be required to perform forced labour.

۳. For the purposes of this section, the expression "forced labour" does not include-

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

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

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

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


۷: PROTECTION FROM INHUMAN TREATMENT


۱. No person shall be subjected to torture or to inhuman or degrading punishment or other such treatment.

۲.
Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this section to the
extent that the law in question authorises the infliction of any
description of punishment that was lawful in Antigua on ۳۱st October
۱۹۸۱.


۸: PROTECTION OF FREEDOM OF MOVEMENT


۱.
A person shall not be deprived of his freedom of movement, that is to
say, the right to move freely throughout Antigua and Barbuda, the right
to reside in any part of Antigua and Barbuda, the right to enter
Antigua and Barbuda, the right to leave Antigua and Barbuda and
immunity from expulsion from Antigua and Barbuda.

۲. Any
restrictions on a person"s freedom of movement that is involved in his
lawful detention shall not be held to be inconsistent with or in
contravention of this section.

۳. Nothing contained in or done
under the authority of any law shall be held to be inconsistent with or
in contravention of this section to the extent that the law in question
makes provision-

a. for the imposition of restrictions on the
movements or residence within Antigua and Barbuda of any person or on
any person"s right to leave Antigua and Barbuda that are reasonably
required in the interests of defence, public safety or public order;

b.
for the imposition of restrictions on the movements or residence within
Antigua and Barbuda or on the right to leave Antigua and Barbuda of
persons generally or any class of persons in the interest of defence,
public safety, public order, public morality, or public health or, in
respect of the right to leave Antigua and Barbuda, of securing
compliance with any international obligation of Antigua and Barbuda
particulars of which have been laid before the House and except so far
as that provision or, as the case may be, the thing done under the
authority thereof is shown not to be reasonably justifiable in a
democratic society;

c. for the imposition of restrictions, by
order of a court, on the movement or residence within Antigua and
Barbuda of any person or on any person"s right to leave Antigua and
Barbuda either in consequence of his having been found guilty of a
criminal offence under a law or for the purpose of ensuring that he
appears before a court at a later date for trial of such a criminal
offence or for proceedings relating to his extradition or lawful
removal from Antigua and Barbuda;

d. for the imposition of restrictions on the freedom of movement of any person who is not a citizen;

e. for the imposition of restrictions on the acquisition or use by any person of land or other property in Antigua and Barbuda;

f.
for the imposition of restrictions upon the movement or residence
within Antigua and Barbuda or on the right to leave Antigua and Barbuda
of any public officer that are reasonably required for the proper
performance of his functions;

g. for the removal of a person
from Antigua and Barbuda to be tried or punished in some other country
for a criminal offence under the law of that other country or to
undergo imprisonment in some other country in execution of the sentence
of a court in respect of a criminal offence under a law of which he has
been convicted; or

h. for the imposition of restrictions on
the right of any person to leave Antigua and Barbuda that are
reasonably required in order to secure the fulfilment of any
obligations imposed on that person by law and except so far as that
provision or, as the case may be, the thing done under the authority
thereof is shown not to be reasonably justifiable in a democratic
society.

۴. If any person whose freedom of movement has been
restricted by virtue of such a provision as is referred to in
subsection (۳) (a) of this section so requests at any time during the
period of that restriction not earlier than two months after the
restriction was imposed or two months after he last made such a
request, as the case may be, his case shall be reviewed by an
independent and impartial tribunal consisting of a president who shall
be a legal practitioner of not less than seven years standing appointed
by the Chief Justice and two other members appointed by the
Governor-General acting in his discretion.

۵. On any review by
a tribunal in pursuance of subsection (۴) of this section of the case
of any person whose freedom of movement has been restricted, the
tribunal may make recommendations concerning the necessity for or
expediency of the continuation of that restriction to the authority by
whom it was ordered and, unless it is otherwise provided by law, that
authority shall be obliged to act in accordance with any such
recommendations.


۹: PROTECTION FROM DEPRIVATION OF PROPERTY


۱.
No property of any description shall be compulsorily taken possession
of, and no interest in or right to or over property of any description
shall be compulsorily acquired, except for public use and except in
accordance with the provisions of a law applicable to that taking of
possession or acquisition and for the payment of fair compensation
within a reasonable time.

۲. Every person having a interest in
or right to or over property which is compulsorily taken possession of
or whose interest in or right to or over any property is compulsorily
acquired shall have the right of access to the High Court for-

a.
the determination of his interest or right, the legality of the taking
of possession or acquisition of the property, interest or right and the
amount of any compensation to which he is entitled; and

b. the purpose of obtaining payment of that compensation:

Provided
that if Parliament so provides in relation to any matter referred to in
paragraph (a) of this subsection the right of access shall be by way of
appeal (exercisable as of right at the instance of the person having
the interest in or right to or over the property) from a tribunal or
authority, other than the High Court, having jurisdiction under any law
to determine that matter.

۳. The Chief Justice may make rules
with respect to the practice and procedure of the High Court or any
other tribunal or authority in relation to the jurisdiction conferred
on the High Court by subsection (۲) of this section or exercisable by
the other tribunal or authority for the purposes of that subsection
(including rules with respect to the time within which application or
appeals to the High Court or applications to the other tribunals or
authority may be brought).

۴. Nothing contained in or done
under the authority of any law shall be held to be inconsistent with or
in contravention of subsection (۱) of this section-

a. to the
extent that the law in question makes provision for the taking of
possession or acquisition of any property, interest or right-

in
satisfaction of any tax, rate or due; by way of penalty for breach of
the law or forfeiture in consequence of breach of the law; as an
incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or
contract; in the execution of judgements or orders of a court in
proceedings for the determination of civil rights or obligations; in
circumstances where it is reasonably necessary so to do because the
property is in a dangerous state or likely to be injurious to the
health of human beings, animals or plants; in consequence of any law
with respect to the limitation of actions; for so long as may be
necessary for the purposes of any examination, investigation, trial or
enquiry or, in the case of land, for the purposes of the carrying out
thereon of work of soil conservation or the conservation of other
natural resources or work relation to agricultural development or
improvement (being work relating to such development or improvement
that the owner or occupier of the land has been required, and has
without reasonable excuse refused or failed, to carry out), and except
so far as the provision or, as the case may be, the thing done under
the authority thereof is shown not to be reasonably justifiable in a
democratic society; b. to the extent that the law in question makes
provision for the taking of possession or acquisition of any of the
following property (including and interest in or right to or over
property), that is to say-

enemy property; property of a
deceased person, a person of unsound mind or a person who had not
attained the age of eighteen years, for the purpose of its
administration for the benefit of the persons entitled to the
beneficial interest therein; the property of a person adjudged bankrupt
or a body corporate in liquidation, for the purpose of its
administration for the benefit of the creditors of the bankrupt or body
corporate and, subject thereto, for the benefit of other persons
entitled to the beneficial interest in the property; or property
subject to a trust, for the purpose of vesting the property in persons
appointed as trustees under the instrument creating the trust or by a
court or by order of a court for the purposes of giving effect to the
trust. ۵. Nothing contained in or done under the authority of any law
enacted by Parliament shall be held to be inconsistent with or in
contravention of this section to the extent that the law in question
makes provision for the compulsory taking of possession of any
property, or the compulsory acquisition of any interest in or right or
over property, where that property, interest or right is held by a body
corporate established by law for public purposes in which no monies
have been invested other than monies provided by Parliament or any
legislature established for the former colony or Associated State of
Antigua.

۶. For the purposes of this section, "use" is
"public" if it is intended to result or results in a benefit or
advantage to the public and, without prejudice to its generality,
includes any use affecting the physical, economic, social or aesthetic
well-being of the public.


۱۰: PROTECTION OF PERSON OR PROPERTY FROM ARBITRARY SEARCH OR ENTRY



۱.
Except with his own consent, no person shall be subjected to the search
of his person or his property or the entry by others on his premises.

۲.
Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this section to the
extent that the law in question makes provision-

a. that is
reasonably required in the interests of defence, public safety, public
order, public morality, public health, public revenue, town and country
planning or the development and utilisation of property in such a
manner as to promote the public benefit;

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

c. that is reasonably required for the purpose of preventing or detecting crime;

d. that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or

e.
that authorises, for the purpose of enforcing the judgement or order of
a court in any proceedings, the search of any person or property by
order of a court or entry upon any premises by such order, and except
so far as that provision or, as the case may be, anything done under
the authority thereof is shown not to be reasonably justifiable in a
democratic society.


۱۱: PROTECTION OF FREEDOM OF CONSCIENCE


۱.
Except with his own consent, no person shall be hindered in the
enjoyment of his freedom of conscience, and for the purposes of this
section the said freedom includes freedom of thought and of religion,
freedom to change his religion or belief, and freedom, either alone or
in community with others, and both in public and in private, to
manifest and propagate his religion or belief in worship, teaching,
practice and observance.

۲. Except with his own consent (or,
if he is under the age, of eighteen years, the consent of his parent or
guardian) no person attending any place of education shall be required
to receive religious instruction or to take part in or attend any
religious ceremony or observance if that instruction, ceremony or
observance relates to a religion other than his own.

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

۴. Nothing contained in or done under
that authority of any law shall be held to be inconsistent with or in
contravention of this section to the extent that the law in question
makes provision that is reasonably required-

a. in the interests of defence, public safety, public order, public morality or public health; or

b.
for the purpose of protecting the rights and freedoms of other persons,
including the right to observe and practice any religion without the
unsolicited intervention of members of any other religion, and except
so far as that provision or, as the case may be, the thing done under
the authority thereof is shown not to be reasonably justifiable in a
democratic society.

۵. Reference in this section to a religion
shall be construed as including references to a religious denomination,
and cognate expressions shall be construed accordingly.


۱۲: PROTECTION OF FREEDOM OF EXPRESSION INCLUDING FREEDOM OF THE PRESS


۱. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression.

۲.
For the purposes of this section the said freedom includes the freedom
to hold opinions without interference, freedom to receive information
and ideas without interference, freedom to disseminate information and
ideas without interference (whether the dissemination be to the public
generally or to any person or class of persons) and freedom from
interference with his correspondence or other means of communication.

۳.
For the purposes of this section expression may be oral or written or
by codes, signals, signs or symbols and includes recordings, broadcasts
(whether on radio or television), printed publications, photographs
(whether still or moving), drawings, carvings and sculptures or any
other means of artistic expression.

۴. Nothing contained in or
done under the authority of any law shall be held to be inconsistent
with or in contravention of this section to the extent that the law in
question makes provision-

a. that is reasonably required-

in
the interests of defence, public safety, public order, public morality
or public health; or for the purpose of protecting the reputations,
rights and freedoms of other persons, or the private lives of persons
concerned in legal proceedings and proceedings before statutory
tribunals, preventing the disclosure of information received in
confidence, maintaining the authority and independence of Parliament
and the courts, or regulating telephony, posts, broadcasting or other
means of communication, public entertainment"s, public shows; or b.
that imposes restrictions upon public officers that are reasonably
required for the proper performance of their functions, and except so
far as that provision or, as the case may be, the thing done under the
authority thereof is shown not to be reasonably justifiable in a
democratic society.


۱۳: PROTECTION OF FREEDOM OF ASSEMBLY AND ASSOCIATION


۱.
Except with his own consent, no person shall be hindered in the
enjoyment of his freedom of peaceful assembly and association, that is
to say, his right peacefully to assemble freely and associate with
other persons and in particular to form or belong to trade unions or
other associations for the promotion and protection of his interests.

۲.
Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this section to the
extent that the law in question makes provision

a. that is reasonably required-

in
the interests of defence, public order, public morality or public
health; or for the purpose of protecting the rights or freedoms of
other persons; or b. that imposes restrictions upon public officers
that are reasonably required for the proper performance of their
functions, and except so far as that provision or, as the case may be,
the thing done under the authority thereof is shown not to be
reasonably justifiable in a democratic society.


۱۴: PROTECTION FROM DISCRIMINATION ON THE GROUNDS OF RACE, SEX ETC.


۱.
Subject to the provisions of subsections (۴), (۵) and (۷) of this
section, no law shall make any provision that is discriminatory either
of itself or in its effect.

۲. Subject to the provisions of
subsections (۶), (۷) and (۸) of this section, no person shall be
treated in a discriminatory manner by any person acting by virtue of
any law or in the performance of the functions of any public office or
any public authority.

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

۴. Subsection (۱) of this section shall not apply to any law so far as the law makes provision-

a. for the appropriation of public revenues or other public funds;

b. with respect to persons who are not citizens; or

c.
whereby persons of any such description as is mentioned in subsection
(۳) of this section may be subjected to any disability or restriction
or may be accorded any privilege or advantage that, having regard to
its nature and to special circumstances pertaining to those persons or
to persons of any other such description, is reasonably justifiable in
a democratic society.

۵. Nothing contained in any law shall be
held to be inconsistent with or in contravention of subsection (۱) of
this section to the extent that it makes provision with respect to
qualifications (not being qualifications specifically relating to race,
place of origin, political opinions or affiliations, colour, creed or
sex) for service as a public officer or as a member of a disciplined
force or for the service of a local government authority or a body
corporate established by any law for public purposes.

۶.
Subsection (۲) of this section shall not apply to anything that is
expressly or by necessary implication authorised to be done by any such
provision of law as is referred to in subsection (۴) or (۵) of this
section.

۷. Nothing contained in or done under the authority
of any law shall be held to be inconsistent with or in contravention of
this section to the extent that that law in question makes provision
whereby persons of any such description as in mentioned in subsection
(۳) of this section may be subjected to any restriction on the rights
and freedoms guaranteed by sections ۸, ۱۰, ۱۱, ۱۲ and ۱۳ of this
Constitution, being such a restriction as is authorised by paragraph
(a) or (b) of subsection (۳) of section ۸, subsection (۲) of section
۱۰, subsection (۴) of section ۱۱, subsection (۴) of section ۱۲ or
subsection (۲) of section ۱۳, as the case may be.

۸. Nothing
in subsection (۲) of this section shall affect any discretion relating
to the institution, conduct or discontinuance of civil or criminal
proceedings in any court that is vested in any person by or under this
Constitution or any other law.


۱۵: PROVISION TO SECURE PROTECTION OF THE LAW


۱.
If any person is charged with a criminal offence then, unless the
charge is withdrawn, he shall be afforded a fair hearing within a
reasonable time by a independent and impartial court established by
law.

۲. Every person who is charged with a criminal offence-

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

b.
shall be informed orally and in writing as soon as reasonably
practicable, in language that he understands, of the nature of the
offence with which he is charged;

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

d. shall be permitted to defend himself before the court in person or by a legal practitioner of his own choice;

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

f.
shall be permitted to have without payment the assistance of an
interpreter if he cannot understand the language used at the trial of
the charge, and except with his own consent the trial shall not take
place in his absence-

except where, under the provisions of
any law entitling him thereto, he is given adequate notice of the
charge, the date, time and place of the trial or continuance thereof
and afforded a reasonable opportunity of appearing before the court;
Provided that where the foregoing conditions have been complied with,
and the court is satisfied that owing to circumstances beyond his
control he cannot appear, the trial shall not take place or continue in
his absence; or

unless he so conducts himself as to render the
continuance of the proceedings in his presence impracticable and the
court has ordered him to be removed and the trial to proceed in his
absence. ۳. When a person is tried for any criminal offence the accused
person or any person authorised by him in that behalf shall, if he so
requires and subject to payment of such reasonable fees as may be
prescribed by law, be given within a reasonable time after judgement a
copy of any record of the proceedings made by or on behalf of the
court.

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

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

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

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

۸.
Any court or other authority prescribed by law for the determination of
the existence or extent of any civil right or obligation shall be
established by law and shall be independent and impartial; and where
proceedings for such a determination are instituted by any persons
before such a court or other authority, the case shall be given a fair
hearing within a reasonable time.

۹. Except with the agreement
of all that parties thereto, all proceedings of every court and
proceedings for the determination of the existence or extent of any
civil right or obligation before any other authority, including the
announcement of the decision of the court or other authority shall be
held in public.

۱۰. Nothing in subsection (۹) of this section
shall prevent the court or other authority from excluding from the
proceedings persons other than the parties thereto and the legal
practitioners representing them to such an extent as the court or other
authority-

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

b. may by law be empowered or required to do in the interests of defence, public safety, public order or public morality.

۱۱. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-

a.
subsection (۲) (a) of this section, to the extent that the law in
question imposes upon any person charged with a criminal offence the
burden of proving particular facts;

b. subsection (۲) (e) if
this section, to the extent that the law in question imposes reasonable
conditions that must be satisfied if witnesses called to testify on
behalf of an accused person are to be paid their expenses out of public
funds; or

c. subsection (۵) of this section, to the extent
that the law in question authorises a court to try a member of a
disciplined force for a criminal offence notwithstanding any trial and
conviction or acquittal of that member under the disciplinary law of
that force so however, that any court so trying such a member and
convicting him shall in sentencing him to any punishment take into
account any punishment awarded him under that disciplinary law.

۱۲.
In the case of any person who is held in lawful detention, the
provisions of subsection (۱), paragraphs (d) and (e) of subsection (۲),
and subsection (۳) of this section shall not apply in relation to his
trial for a criminal offence under the law regulating the discipline of
persons held in such detention.

۱۳. Nothing contained in or
done under the authority of any law shall be held to be inconsistent
with or in contravention of subsection (۲) of this section to the
extent that it authorises the trial of a defendant by a magistrate for
a summary offence to take place in the defendant"s absence.

۱۴. In this section "criminal offence" means a criminal offence under any law.


۱۶: DEROGATION"S FROM FUNDAMENTAL RIGHTS AND FREEDOMS UNDER EMERGENCY POWERS


Nothing
contained in or done under the authority of a law enacted by Parliament
shall be held to be inconsistent with or in contravention of section ۵
or section ۱۴ of this Constitution to the extent that the law
authorises the taking during any period of public emergency of measures
that are reasonably justifiable, for dealing with the situation that
exists in Antigua and Barbuda during that period.


۱۷: PROTECTION OF PERSONS DETAINED-UNDER EMERGENCY LAWS


۱.
When a person is detained by virtue of any such law as is referred to
in section ۱۶ of this Constitution the following provisions shall
apply, that is to say-

a. he shall, with reasonable
promptitude and in any case not more than seven days after the
commencement of his detention, be informed in a language that he
understands and in detail of the grounds upon which he is detained and
furnished with a written statement in English specifying those grounds
in detail;

b. not more than fourteen days after the
commencement of his detention a notification shall be published in the
Official Gazette stating that he has been detained and giving
particulars of the provision of law under which his detention is
authorised;

c. not more than one month after the commencement
of his detention and thereafter during the detention at intervals of
not more than six months, his case shall be reviewed by an independent
and impartial tribunal established by law and presided over by a
suitably qualified legal practitioner of at least seven years standing
appointed by the Chief Justice;

d. he shall be afforded
reasonable facilities to consult a legal representative of his own
choice who shall be permitted to make representations to the tribunal
appointed for the review of the case of the detained person; and

e.
at the hearing of his case by the tribunal appointed for the review of
his case he shall be permitted to appear in person or by a legal
practitioner of his own choice.

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

۳. Nothing contained in subsection (۱) (d) or
subsection (۱) (e) of this section shall be construed as entitling a
person to legal representation at public expense.


۱۸: ENFORCEMENT OF PROTECTIVE PROVISIONS


۱.
If any person alleges that any of the provisions of sections ۳ to ۱۷
(inclusive) of this Constitution has been, is being or is likely to be
contravened in relation to him (or, in the case of a person who is
detained, if any other person alleges such a contravention in relation
to the detained person), then, without prejudice to any other action
with respect to the same matter that is lawfully available, that person
(or that other person) may apply to the High Court for redress.

۲. The High Court shall have original jurisdiction-

a. to hear and determine any application made by any person in pursuance of subsection (۱) of this section; and

b.
to determine any question arising in the case of any person that is
referred to it in pursuance of subsection (۳) of this section, and may
make such declaration and orders, issue such writs and give such
directions as it may consider appropriate for the purpose of enforcing
or securing the enforcement of any of the provisions of sections ۳ to
۱۷ (inclusive) of this Constitution:

Provided that the High
Court may decline to exercise its powers under this subsection if it is
satisfied that adequate means of redress for the contravention alleges
are or have been available to the person concerned under any other law.


۳. If in any proceedings in any court (other than the Court of
Appeal, the High Court or a court-martial) any question arises as to
the contravention of any of the provisions of sections ۳ to ۱۷
(inclusive) of this Constitution, the person presiding in that court
may, and shall if any party to the proceedings so requests, refer the
question to the High Court unless, in his opinion, the raising of the
question is merely frivolous or vexatious.

۴. Where any
question is referred to the High Court in pursuance of subsection (۳)
of this section, the High Court shall give its decision upon the
question and the court in which the question arose shall dispose of the
case in accordance with that decision or, if that decision is the
subject of an appeal to the Court of Appeal or to Her Majesty in
Council, in accordance with the decision of the Court of Appeal or, as
the case may be, of Her Majesty in Council.

۵. There shall be
such provision as may be made by Parliament for conferring upon the
High Court such powers in addition to those conferred by this section
as may appear to be necessary or desirable for the purpose of enabling
that court more effectively to exercise the jurisdiction conferred upon
it by this section.

۶. The Chief Justice may make rules with
respect to the practice and procedure of the High Court in relation to
the jurisdiction and powers conferred on it by or under this section
(including rules with respect to the time within which applications may
be brought and references shall be made to the High Court).


۱۹: PROTECTION FROM DEROGATIONS FROM FUNDAMENTAL RIGHTS AND FREEDOMS GENERALLY


Except
as is otherwise expressly provided in this Constitution, no law may
abrogate, abridge or infringe or authorise the abrogation, abridgement
or infringement of any of the fundamental rights and freedoms of the
individual herein before recognised and declared.


۲۰: DECLARATION OF PUBLIC EMERGENCY


۱.
The Governor-General may, by Proclamation which shall be published in
the Official Gazette, declare that a state of public emergency exists
for the purposes of this Chapter.

۲. Every declaration shall lapse-

a.
in the case of a declaration made when Parliament is sitting, at the
expiration of a period of seven days beginning with the date of
publication of the declaration; and

b. in any other case, at
the expiration of a period of twenty-one days beginning with the date
of publication of the declaration, unless it has in the meantime been
approved by resolutions of both Houses of Parliament.

۳. A
declaration of public emergency may at any time be revoked by the
Governor-General by Proclamation which shall be published in the
Official Gazette.

۴. A declaration of public emergency that
has been approved of by resolutions of the Houses of Parliament in
pursuance of subsection (۲) of this section shall, subject to the
provisions of subsection (۳) of this section, remain in force so long
as the resolutions of those Houses remain in force and no longer.

۵.
A resolution of a House of Parliament passed for the purposes of this
section shall remain in force for three months or such shorter period
as may be specified therein:

Provided that any such resolution
may be extended from time to time by a further such resolution each
extension not exceeding three months from the date of the resolution
effecting the extension and any such resolution may be revoked at any
time by a resolution of that House.

۶. Any provision of this
section that a declaration of emergency shall lapse or cease to be in
force at any particular time is without prejudice to the making of a
further such declaration whether before or after that time.

۷.
A resolution of a House of Parliament for the purposes of subsection
(۲) of this section and a resolution extending any such resolution
shall not be passed unless it is supported by the votes of a majority
of all members of that House.

۸. The Governor-General may
summon the Houses of Parliament to meet for the purposes of subsection
(۲) of this section notwithstanding that Parliament stands dissolved,
and the persons who were members of the Senate and the House
immediately before the dissolution shall be deemed, for those purposes,
still to be members of those Houses, but, subject to the provisions of
sections ۳۳ and ۴۲ of this Constitution (which relate to the election
of the President, Vice-President, the Speaker, and the Deputy Speaker)
a House of Parliament shall not, when summoned by virtue of this
subsection, transact any business other than debating and voting upon a
resolution for the purpose of subsection (۲) of this section.


۲۱: INTERPRETATION AND SAVINGS


۱.
In this Chapter, unless the context otherwise requires-
"contravention", in relation to any requirement, includes a failure to
comply with that requirement, and cognate expressions shall be
construed accordingly;

"court" means any court of law having
jurisdiction in Antigua and Barbuda other that a court established by a
disciplinary law, and includes Her Majesty in Council and, in section ۴
of this Constitution, a court established by a disciplinary law;

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

"disciplined force" means-

a. a naval, military or air force;

b. the Police force; or

c. a prison service;

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

"legal practitioner" means a person entitled to
practice as a barrister in Antigua and Barbuda or, except in relation
to proceedings before a court in which a solicitor has no right of
audience, entitled to practice as a solicitor in Antigua and Barbuda.

۲.
In relation to any person who is a member of a disciplined force raised
under any law, nothing contained in or done under the authority of the
disciplinary law of that force shall be held to be inconsistent with or
in contravention of any of the provisions of this Chapter other than
sections ۴, and ۷ of this Constitution.

۳. In relation to any
person who is a member of a disciplined force raised otherwise than as
aforesaid and lawfully present in Antigua and Barbuda, nothing
contained in or done under the authority of the disciplinary law of
that force shall be held to be inconsistent with or in contravention of
any of the provisions of this Chapter.

۴. In this Chapter "public emergency" means any period during which-

a. Her Majesty is at war; or

b.
there is in force a declaration of emergency under section ۲۰ of this
Constitution, or there are in force resolutions of both Houses of
Parliament supported by the votes of not less than two-thirds of all
the members of each House declaring that democratic institutions in
Antigua and Barbuda are threatened by subversion.

۵. A
Proclamation made by the Governor-General shall not be affective for
the purposes of section ۲۰ of this Constitution unless it contains a
declaration that the Governor-General is satisfied-

a. that a
public emergency has arisen as a result of the imminence of a state of
war between Her Majesty and a foreign State or as a result of the
occurrence of any earthquake, hurricane, flood, fire, outbreak of
pestilence, outbreak of infectious disease or other calamity whether
similar to the foregoing or not; or

b. that action has been
taken or is immediately threatened by any person or body of persons of
such a nature and on so extensive a scale as to be likely to endanger
the public safety or to deprive the community, or any substantial
portion of the community, of supplies or services essential to life.



CHAPTER III THE GOVERNOR-GENERAL

۲۲: ESTABLISHMENT OF OFFICE


There
shall be a Governor-General of Antigua and Barbuda who shall be a
citizen appointed by Her Majesty and shall hold office during Her
Majesty"s pleasure and who shall be Her Majesty"s representative in
Antigua and Barbuda.


۲۳: ACTING GOVERNOR-GENERAL


۱.
During any period when the office of Governor-General is vacant or the
holder of the office of Governor-General is absent from Antigua and
Barbuda or is for any other reason unable to perform the functions of
his office those functions shall be performed by such person as Her
Majesty may appoint.

۲. Any such person as aforesaid shall not
continue to perform the functions of the office of Governor-General if
the holder of the office of Governor-General has notified him that he
is about to assume or resume those functions.

۳. The holder of
the office of Governor-General shall not for the purposes of this
section, be regarded as absent from Antigua and Barbuda or as unable to
perform the functions of his office-

a. by reason that he is in passage from one part of Antigua and Barbuda to another; or

b. at any time when there is a subsisting appointment of a deputy under section ۲۵ of this Constitution.


۲۴: OATHS


A
person appointed to hold or act in the office of Governor-General
shall, before entering upon the duties of that office, take and
subscribe the oath of allegiance and the oath of office.


۲۵: DEPUTY TO GOVERNOR-GENERAL


۱. When the Governor-General-

a. has occasion to be absent from the seat of government but not from Antigua and Barbuda;

b.
has occasion to be absent from Antigua and Barbuda for a period that he
considers, in his discretion, will be of short duration,

he
may, acting in accordance with the advice of the Prime Minister,
appoint any person in Antigua and Barbuda to be his deputy during such
absence or illness and in that capacity to perform on his behalf such
of the functions of the office of Governor-General as may be specified
in the instrument by which he is appointed.

۲. The power and
authority of the Governor-General shall not be abridged, altered or in
any way affected by the appointment of a deputy under this section, and
subject to the provisions of this Constitution, a deputy shall conform
to and observe all instructions that the Governor-General, in his
discretion, may from time to time address to him:

Provided
that the question whether or not a deputy has conformed to and observed
any such instructions shall not be enquired into by any court of law.

۳.
A person appointed as deputy under this section shall hold that
appointment for such period as may be specified in the instrument by
which he is appointed, and his appointment may be revoked at any time
by the Governor-General, acting in accordance with the advice of the
Prime Minister.


۲۶: PUBLIC SEAL


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



CHAPTER IV PARLIAMENT

PART ۱

ESTABLISHMENT AND COMPOSITION OF PARLIAMENT


۲۷: ESTABLISHMENT OF PARLIAMENT


There
shall be a Parliament in and for Antigua and Barbuda which shall
consist of Her Majesty, a Senate and a House of Representatives.


THE SENATE

۲۸: COMPOSITION OF THE SENATE


۱.
The Senate shall consist of seventeen persons who, being qualified for
appointment as Senators in accordance with the provisions of this
Constitution, have been so appointed in accordance with the provisions
of this section and such temporary members (if any) as may be appointed
in accordance with the provisions of section ۳۲ of this Constitution.

۲. Ten Senators shall be appointed by the Governor-General acting in accordance with the advice of the Prime Minister.

۳.
Four Senators shall be appointed by the Governor-General acting in
accordance with the advice of the Leader of the Opposition.

۴.
Subject to subsection (۷) of this section, one Senator shall be
appointed by the Governor-General in his discretion from outstanding
persons or persons representing such interests as the Governor-General
considers ought to be represented in the Senate.

۵. One Senator shall be appointed by the Governor-General acting in accordance with the advice of the Barbuda Council.

۶.
One Senator, being an inhabitant of Barbuda, shall be appointed by the
Governor-General in accordance with the advice of the Prime Minister.

۷.
Before appointing any person representing interests under subsection
(۴) of this section the Governor-General shall consult such persons as
in his discretion he considers can speak for the interests concerned
and ought to be consulted.


۲۹: QUALIFICATIONS FOR APPOINTMENT AS SENATORS


Subject to provisions of section ۳۰ of this Constitution any person who at the date of his appointment-

a. is a citizen of the age of twenty-one years or upwards;

b. has resided in Antigua and Barbuda for a period of twelve months immediately preceding the date of his appointment; and

c.
is able to speak and, unless incapacitated by blindness or other
physical cause, to read the English language with sufficient
proficiency to enable him to take an active part in the proceedings of
the Senate, shall be qualified to be appointed as a Senator.


۳۰: DISQUALIFICATION FROM APPOINTMENT AS SENATORS


۱. No person shall be qualified to be appointed as a Senator who-

a. is, by virtue of his own act, under any acknowledgement or allegiance, obedience or adherence to a foreign power or state;

b. is a member of the House;

c. is an undischarged bankrupt, having been declared bankrupt under any law;

d. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law;

e.
is under sentence of death imposed on him by a court or has been
sentenced to imprisonment (by whatever name called) for a term of or
exceeding twelve months and has not either suffered the punishment to
which he was sentenced or such other punishment as may be competent
authority have been substituted therefore, or received a free pardon;

f.
is disqualified for election to the House by or under any law by reason
of his connection with any offence relating to elections;

g.
holds or is acting in any public office or in the office of judge of
the Supreme Court or Ombudsman, or is a member of the Constituencies
Boundaries Commission, the Judicial and Legal Services Commission, the
Public Service Commission or the Police Service Commission;

h.
has, within the period of ten years immediately preceding the proposed
date of his appointment as a Senator, been convicted on indictment by a
court of competent jurisdiction of theft, fraud or other such crime
involving dishonesty and who-

has not appealed against that
conviction; or has appealed against that conviction and whose appeal
has not been allowed; and has not received a free pardon in respect of
the offence; or i. is a minister of religion.

۲. Without
prejudice to the provisions of subsection (۱) (g) of this section,
Parliament may provide that person shall not be qualified for
appointment as a Senator in any of the following cases-

a. if
he holds or is acting in any office that is specified by Parliament and
the functions of which involve responsibility for, or in connection
with the conduct of an election or the compilation or revision of any
register of electors for the purposes of an election;

b. subject to any exceptions and limitations prescribed by Parliament, if-

he
holds or is acting in any office or appointment prescribed by
Parliament either individually or by reference to a class of office or
appointment; he belongs to any armed force of Antigua and Barbuda or to
any class of person that is comprised in any such force; or he belongs
to the Police Force or to any class of person that is comprised in the
Police Force. ۳. For the purpose of subsection (۱) (e) of this section-


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


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


۳۱: TENURE OF OFFICE OF SENATORS


۱. Every Senator shall vacate his seat in the Senate-

a. at the next dissolution of Parliament after he has been appointed;

b. if he is with his consent nominated as a candidate for election to the House;

c. if he ceases to be a citizen;

d.
if he is absent from the sittings of the Senate for such period or
periods and in such circumstances as may be prescribed by the rules of
procedure of the Senate;

e. subject to the provisions of
subsection (۲) of this section, if any circumstances arise that, if he
were not a Senator, would cause him to be disqualified for appointment
as such by virtue of subsection (۱) of section ۳۰ of this Constitution
or of any law enacted in pursuance of subsection (۲) of that section;

f.
if the Governor-General, acting in accordance with the advice of Prime
Minister in the case of a Senator appointed in accordance with that
advice, or in accordance with the advice of the Leader of the
Opposition in the case of a Senator appointed in accordance with that
advice, or in accordance with the advice of the Barbuda Council in the
case of a Senator appointed in accordance with that advice, or in his
discretion in the case of a Senator appointed by him in his discretion,
declares the seat of that Senator to be vacant;

g. if, having
been appointed under the provisions of section ۲۸(۶) of this
Constitution, he ceases to be an inhabitant of Barbuda.

h. If
circumstances such as are referred to in subsection (۱) (e) of this
section arise because a Senator is convicted of a felony or of any
other offence involving dishonesty, sentenced to death or imprisonment,
adjudged to be of unsound mind, or declared bankrupt or is convicted of
any offence relating to elections in circumstances that disqualify him
for election to the House, and if it is open to the Senator to appeal
against the decision (either with the leave of a court or other
authority or without such leave), he shall forthwith cease to perform
his functions as a Senator but, subject to the provisions of this
subsection, he shall not vacate his seat until the expiration of thirty
days thereinafter:

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

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

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


۳۲: APPOINTMENT OF TEMPORARY SENATORS


۱.
Whenever a Senator is incapable of performing his functions as a
Senator by reason of his absence from Antigua and Barbuda or by reason
of his suspension under section ۳۱(۲) of this Constitution or by reason
of illness, the Governor-General may appoint a person qualified for
appointment as a Senator to be temporarily a member of the Senate
during such absence, suspension or illness.

۲. The provisions
of section ۳۱ of this Constitution shall apply to a member of the
Senate appointed under this section as they apply to a Senator
appointed under section ۲۸ of this Constitution and a appointment made
under this section shall in any case cease to have effect if the person
appointed is notified by the Governor-General that the circumstances
giving rise to his appointment have ceased to exist.

۳. In the exercise of the powers conferred upon him by this section, the Governor-General shall act-

a.
in accordance with the advice of the Prime Minister in relation to a
Senator appointed in pursuance of section ۲۸(۲) or ۲۸(۶) of this
Constitution;

b. in accordance with the advice of the leader
of the Opposition in relation to a Senator appointed in pursuance of
section ۲۸(۳) of this Constitution;

c. in his discretion in relation to a Senator appointed by him pursuant to section ۲۸(۴) of this Constitution; and

d.
in accordance with the advice of the Barbuda Council in relation to a
Senator appointed in pursuance of section ۲۸(۵) of this Constitution.


۳۳: PRESIDENT AND VICE-PRESIDENT.


۱.
When the Senate first meets after any general election and before it
proceeds to the dispatch of any other business, it shall elect a
Senator to be President, and if the office of President falls vacant at
any time before the next dissolution of Parliament, the Senate shall,
as soon as practicable, elect another Senator to be President.

۲.
When the Senate first meets after any general election and before it
proceeds to any other business except the election of the President, it
shall elect a Senator to be Vice-President; and if the office of
Vice-President falls vacant at any time before the next dissolution of
Parliament, the Senate shall, as soon as practicable, elect another
Senator to be Vice-President.

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

۴.
No business (other than the election of a President) shall be
transacted in the Senate at any time when the office of the President
is vacant.

۵. A person shall vacate the office of President or Vice-President-

a.
if he ceases to be a Senator, except that the President shall not
vacate his office by reason only that he has ceased to be a Senator on
a dissolution of Parliament until the Senate first meets after that
dissolution; or

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

c. in the case of the Vice-President, if he is elected to be President.

d.
If, under section ۳۱(۲) of this Constitution, the person who is
President or Vice-President is suspended from the performance of his
functions as a Senator, he shall also cease to perform his functions as
President or Vice-President, as the case may be, and those functions
shall, until he vacates his seat in the Senate or resumes the
performance of his functions as Senator, be performed-

in the
case of the President, by the Vice-President or if the office of
Vice-President is vacant or the person who is Vice-President is
suspended from the performance of his functions as a Senator under
section ۳۱(۲) of this Constitution, by such Senator (not being a
Minister or a Parliamentary Secretary) as the Senate may elect for the
purpose; and in the case of the Vice-President, by such Senator (not
being a Minister or Parliamentary Secretary) as the Senate may elect
for the purpose. e. If the President or Vice-President resumes the
performance of his functions as a Senator in accordance with the
provisions of section ۳۱(۲) of this Constitution, he shall also resume
the performance of his functions as President or Vice-President, as the
case may be.


۳۴: ATTENDANCE OF ATTORNEY-GENERAL AT PROCEEDINGS OF SENATE.


The
President, Vice-President or other member presiding in the Senate may
request the Attorney-General to attend any proceedings of the Senate if
he considers that the business before the Senate in those proceedings
makes the presence of the Attorney-General desirable; and where he is
so requested the Attorney-General may take part in the proceedings of
the Senate solely for the purpose of giving explanations concerning
matters before the Senate in those proceedings and he shall not vote in
the Senate.


۳۵: ATTENDANCE AT PROCEEDINGS OF SENATE OF MINISTERS WHO ARE MEMBERS OF THE HOUSE.


۱.
The President, Vice-President or other member presiding in the Senate
may request a Minister who is a member of the House to attend any
proceedings of the Senate if he considers that the business before the
Senate in those proceedings falls within the portfolio of the Minister
concerned and if he considers the presence of such Minister desirable.

۲.
A Minister who is so requested to attend any proceedings of the Senate
may take part in the proceedings solely for the purpose of giving
explanations concerning matters falling within his portfolio and he
shall not vote in the Senate.


THE HOUSE OF REPRESENTATIVES

۳۶: COMPOSITION OF THE HOUSE.


۱.
Subject to the provisions of this section, the House shall consist of a
number of elected members equal to the number of constituencies from
time to time established by Order under Part ۴ of this Chapter, who
shall be elected in such a manner as may, subject to the provisions of
this Constitution, be prescribed by or under any Act of Parliament.

۲.
If the person holding the office of Speaker is not otherwise a member
of the House, he shall be a member of the House by virtue of holding
that office.

۳. If the person holding or acting in the office
of Attorney-General is not otherwise a member of the House he shall be
a member of the House by virtue of holding or acting in that office but
shall not vote in the House.


۳۷: ATTENDANCE AT PROCEEDINGS OF THE HOUSE OF MINISTERS WHO ARE SENATORS.


۱.
The Speaker, Deputy Speaker or other member presiding in the House may
request a Minister who is a Senator to attend any proceedings of the
House if he considers that the business before the House in those
proceedings falls within the portfolio of the Minister concerned and if
he considers the presence of such Minister desirable.

۲. A
Minister who is so requested to attend any proceeding of the House may
take part in the proceedings solely for the purpose of giving
explanations concerning matters falling within his portfolio and he
shall not vote in the House.


۳۸: QUALIFICATIONS FOR ELECTION AS A MEMBER OF THE HOUSE.


Subject to the provisions of section ۳۹ of this Constitution, any person who at the date of his election-

a. is a citizen of the age of twenty-one years or upwards;

b. has resided in Antigua and Barbuda for a period of twelve months immediately preceding the date election; and

c.
is able to speak and, unless incapacitated by blindness or other
physical cause, to read the English language with sufficient
proficiency to enable him to take an active part in the proceedings of
the House. shall be qualified to be elected as a member of the House.



۳۹: DISQUALIFICATION"S FROM ELECTION AS A MEMBER OF THE HOUSE.


۱. No person shall be qualified to be elected as a member of the House who-

a. is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;

b. is a Senator or temporary member of the Senate;

c. is an undischarged bankrupt, having been declared bankrupt under any law;

d. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law;

e.
is under sentence of death imposed on him by a court or has been
sentenced to imprisonment (by whatever name called) for a term of or
exceeding twelve months and has not either suffered the punishment to
which he was sentenced or such other punishment as may by competent
authority have been substituted therefore, or received a free pardon;

f.
is disqualified for appointment to the House by or under any law by
reason of his connection with any offence relating to elections;

g.
holds or is acting in any public office or in the office of judge of
the Supreme Court or Ombudsman or is a member of the Constituencies
Boundaries Commission, the Judicial and Legal Services Commission, the
Public Service Commission or the Police Service Commission;

h.
has, within the period of ten years immediately preceding the proposed
date of his election as a member of the House, been convicted on
indictment by a court of competent jurisdiction of theft, fraud, or
other such crime involving dishonesty and who-

has not
appealed against that conviction, or has appealed against that
conviction and whose appeal has not been allowed; and has not received
a free pardon in respect of the offence; or i. is a minister of
religion.

۲. Without prejudice to the provisions of subsection
(۱) (g) of this section, Parliament may provide that a person shall not
be qualified for election as a member of the House in any of the
following cases-

a. if he holds or is acting in any office
that is specified by Parliament and the functions of which involve
responsibility for, or in connection with, the conduct of an election
or the compilation or revision of any register of electors for the
purposes of an election;

b. subject to any exceptions and limitations prescribed by Parliament, if-

he
holds or is acting in any office or appointment prescribed by
Parliament either individually or by reference to a class of office or
appointment; or he belongs to any armed force of Antigua and Barbuda or
to any class of person that is comprised in any such force. ۳. For the
purpose of subsection (۱) (e) of this section.

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

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


۴۰: ELECTION OF MEMBERS OF THE HOUSE.



۱.
Each of the constituencies established in accordance with the
provisions of section ۶۲ of this Constitution shall return one member
to the House who shall be directly elected in such manner as may,
subject to the provisions of this Constitution, be prescribed by or
under any law.

۲. Every Commonwealth citizen of the age of
eighteen years or upwards who possesses such qualifications relating to
residence or domicile in Antigua and Barbuda as parliament may
prescribe shall, unless he is disqualified by any law from registration
as a voter for the purpose of electing a member of the House, be
entitled to be registered as such a voter in accordance with the
provisions of any law in that behalf and no other person may be
registered.

۳. Every person who is registered as a voter in
pursuance of subsection (۲) of this section in any constituency shall,
unless he is disqualified by any law from voting in that constituency
in any election of members of the House, be entitled so to vote in
accordance with the provisions of any law in that behalf.

۴.
In any election of members of the House the votes shall be exercised
freely and shall be given by secret ballot in such manner as parliament
may prescribe.


۴۱: TENURE OF SEATS OF MEMBERS OF THE HOUSE.


۱. Every member of the House shall vacate his, seat in the House-

a. at the next dissolution of Parliament after he has been elected;

b. if he ceases to be a citizen;

c.
if he is absent from the sittings of the House for such period or
periods and in such circumstances as may be prescribed in the rules of
procedure of the House;

d. subject to the provisions of
subsection (۲) of this section, if any circumstances arise that, if he
were not a member of the House, would cause him to be disqualified from
election as such by virtue of section ۳۹(۱) of this Constitution; or

e.
if, having been elected to the House by virtue of being a member of a
political party, he resigns his party whip and withdraws his allegiance
from that party:

Provided that he shall not be required to vacate his seat so long as he remains an independent member of the House.

۲.

a.
If circumstances such as are referred to in subsection (۱) (d) of this
section arise because a member of the House is convicted of a felony or
of any other offence involving dishonesty, sentenced to death or
imprisonment, adjudged to be of unsound mind, or declared bankrupt, or
is convicted of any offence relating to elections in circumstances that
disqualify him for election to the House, and if it is open to the
member to appeal against the decision (either with the leave of a court
or other authority or without such leave), he shall forthwith cease to
perform his functions as a member of the House but, subject to the
provision of this section, he shall not vacate his seat until the
expiration of a period of thirty days thereafter:

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

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

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

۳.
Where an elected member of the House vacates his seat in the House
pursuant to the provisions of paragraph (b) to (e) of subsection (۱) of
this section or of subsection (۲) of this section or where the seat of
an elected member of the House is vacant for any other reason except a
dissolution of Parliament, there shall be a by-election to fill the
seat in the House vacated by that member and the by-election shall be
held no later than one hundred and twenty days after the day on which
the seat of the member of the House became vacant unless Parliament is
sooner dissolved.


۴۲: SPEAKER AND DEPUTY SPEAKER.


۱.
When the House first meets after any general election and before it
proceeds to the dispatch of any other business, it shall elect a person
to be the Speaker; and if the office of Speaker falls vacant at any
time before the next dissolution of Parliament the House shall, as soon
as practicable, elect another person to that office.

۲. The
Speaker may be elected either from among the members of the House or
from among persons who are not members of the House but are qualified
to be elected as such.

۳. When the House first meets after any
general election, and before it proceeds to any other business except
the election of the Speaker, it shall elect a member of the House to be
Deputy Speaker, and if the office of Deputy Speaker falls vacant at any
time before the next dissolution of Parliament the House shall, as soon
as practicable, elect another such member to that office.

۴.
The House shall not elect a member who is a Minister or Parliamentary
Secretary to be a Speaker or Deputy Speaker of the House.

۵.
No business (other than the election of a Speaker) shall be transacted
in the House at any time when the office of Speaker is vacant.

۶. A person shall vacate the office of Speaker-

a. in the case of a Speaker elected from among persons who are not members of the House-

when
the House first meets after any dissolution of Parliament; or if he
ceases to be a citizen; if any circumstances arise that would cause him
to be disqualified for election as a member of the House by virtue of
any of the provisions of section ۳۹ of this Constitution; or b. in the
case of a Speaker elected from among the members of the House-

if
he ceases to be a member of the House except that the Speaker shall not
vacate his office by reason only that he has ceased to be a member of
the House on a dissolution of Parliament until the House first meets
after the dissolution; or if he is appointed to be a Minister or
Parliamentary Secretary. ۷. A person shall vacate the office of Deputy
Speaker-

a. if he ceases to be a member of the House;

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

c. if he is elected to be Speaker.

d.
If, by virtue of section ۴۱(۲) of this Constitution, the Speaker or
Deputy Speaker is required to cease to perform his functions as a
member of the House, he shall also cease to perform his functions as
Speaker or Deputy Speaker, as the case may be, and those functions
shall, until he vacates his seat in the House or resumes the
performance of the functions of his office, be performed-

in
the case of the Speaker, by the Deputy Speaker or, if the office of
Deputy Speaker is vacant or the Deputy Speaker is required to cease to
perform his functions as a member of the House by virtue of section
۴۱(۲) of this Constitution, by such member of the House (not being a
Minister or Parliamentary Secretary) as the House may elect for the
purpose; or in the case of the Deputy Speaker, by such member of the
House (not being a Minister or Parliamentary Secretary) as the House
may elect for the purpose. ۸. If the Speaker or Deputy Speaker resumes
the performance of his functions as a member of the House in accordance
with the provisions of section ۴۱(۲) of this Constitution, he shall
also resume the performance of his functions as Speaker or Deputy
Speaker, as the case may be.


۴۳: CLERKS TO HOUSES OF PARLIAMENT AND THEIR STAFFS.


۱. There shall be a Clerk to the Senate and a Clerk to the House but the two offices may be held by the same person.

۲.
Subject to the provisions of any law enacted by Parliament, the office
of Clerk of each House of Parliament and the offices of the members of
their staff shall be public offices.


۴۴: DETERMINATION OF QUESTIONS OF MEMBERSHIP.


۱. The High Court shall have jurisdiction to hear and determine any question whether-

a. any person has been validly elected as a member of the House;

b. any person has been validly appointed as a Senator or as a temporary member of the Senate;

c.
any person who has been elected as Speaker from among persons who were
not members of the House was qualified to be so elected or has vacated
the office of Speaker; or

d. any member of the House has
vacated his seat or is required under the provisions of section ۴۱(۲)
of this Constitution to cease to perform any of his functions as a
member of the House.

۲. Any application to the High Court for
the determination of any question under subsection (۱) (a) of this
section may be made by any person entitled to vote in the election to
which the application relates or by any person who was a candidate at
that election or by the Attorney-General.

۳. An application to
the High Court for the determination of any question under subsection
(۱) (b) or subsection (۱) (c) of this section may be made by any member
of the House or by the Attorney-General.

۴. An application to the High Court for the determination of any question under subsection (۱) (d) of this section may be made-

a. by any member of the House or by the Attorney-General; or

b.
in the case of the seat of a member of the House; by any person
registered in some constituency as a voter for the purpose of electing
members of the House.

۵. If any application is made by a
person other than the Attorney-General to the High Court for the
determination of any question under this section, the Attorney-General
may intervene and may then appear or be represented in the proceedings.


۶. An appeal shall lie as of right to the Court of Appeal from
any final decision of the High Court determining such a question as is
referred to in subsection (۱) of this section.

۷. The
circumstances and manner in which and the imposition of conditions upon
which any application may be made to the High Court for the
determination of any question under this section and the powers,
practice and procedure of the High Court and the Court of Appeal in
relation to any such application shall be regulated by such provision
as may be made by Parliament.

۸. No appeal shall lie from any
decision of the Court of Appeal in exercise of the jurisdiction
conferred by subsection (۶) of this section and no appeal shall lie
from any decision of the High Court in proceedings under this section
other than a final decision determining such a question as is referred
to in subsection (۱) of this section.

۹. In the exercise of
his functions under this section the Attorney-General shall not be
subject to the direction or control of any other person or authority.


۴۵: UNQUALIFIED PERSONS SITTING OR VOTING.


۱.
Any person who sits or votes in either House of Parliament knowing or
having reasonable grounds for knowing that he is not entitled to do so
shall be guilty of an offence and liable to a fine not exceeding five
hundred dollars, or such other sum as may be prescribed by Parliament,
for each day on which he or she sits or votes in that House.

۲.
Any prosecution for an offence under this section shall be instituted
in the High Court and shall not be so instituted except by the Director
of Public Prosecutions.



PART ۲ POWERS AND PROCEDURE OF PARLIAMENT


۴۶: POWER TO MAKE LAWS.


Subject
to the provisions of this Constitution, Parliament may make laws for
the peace, order and good government of Antigua and Barbuda.


۴۷: ALTERATION OF THIS CONSTITUTION AND SUPREME COURT ORDER.


۱.
Parliament may alter any of the provisions of this Constitution or of
the Supreme Court Order in the manner specified in the following
provisions of this section.

۲. A bill to alter this
constitution or the Supreme Court Order shall not be regarded as being
passed by the House unless on its final reading in the House the bill
is supported by the votes of not less than two-thirds of all the
members of the House.

۳. An amendment made by the Senate to
such a bill as is referred to in subsection (۲) of this section that
has been passed by the House shall not be regarded as being agreed to
by the House for the purpose of section ۵۵ of this Constitution unless
such agreement is signified by resolution supported by the votes of not
less than two-thirds of all the members of the House.

۴. For
the purposes of section ۵۵(۴) of this Constitution, an amendment of a
bill to alter this Constitution or the Supreme Court Order shall not be
suggested to the Senate by the House unless a resolution so to suggest
the amendment has been supported by the votes of not less than
two-thirds of all the members of the House.

۵. A bill to alter
this section, schedule ۱ to this constitution or any of the provisions
of this Constitution specified in Part I of that schedule or any of the
provisions of the Supreme Court Order specified in Part II of that
schedule shall not be submitted to the Governor-General for his assent
unless-

a. there has been an interval of not less than ninety
days between the introduction of the bill in the House and the
beginning of the proceedings in the House on the second reading of the
bill in that House;

b. after it has been passed by both Houses
of Parliament or, in the case of a bill to which section ۵۵ of this
Constitution applies, after its rejection by the Senate for the second
time; and

c. the bill has been approved on a referendum, held
in accordance with such provisions as may be made in that behalf by
Parliament, by not less than two- thirds of all the votes validly cast
on that referendum.

۶. Every person who, at the time when the
referendum is held, would be entitled to vote in elections of members
of the House shall be entitled to vote on referendum held for the
purposes of this section in accordance with such procedures as may be
prescribed by parliament for the purposes of the referendum and no
other person shall be entitled so to vote.

۷. The conduct of
any referendum for the purposes of subsection (۵) of this section shall
be under the general supervision of the Supervisor of Elections and
shall be in accordance with such provisions as may be made in that
behalf by Parliament.

a. A bill to alter this Constitution or
the Supreme Court Order shall not be submitted to the Governor-General
for his assent unless it is accompanied by a certificate under the hand
of the Speaker (or, if the Speaker is for any reason unable to exercise
the functions of his office, the Deputy Speaker) that the provisions of
subsection (۲), (۳) or (۴), as the case may be, of this section have
been complied with and, where a referendum has been held, by a
certificate of the Supervisor of Elections stating the results of the
referendum.

b. The certificate of the Speaker or, as the case
may be, the Deputy Speaker under this subsection (۲), (۳) or (۴) of
this section have been complied with and shall not be enquired into in
any court of law.


۴۸: OATH OF ALLEGIANCE BY MEMBERS OF PARLIAMENT.


۱.
No member of either House of Parliament shall take part in the
proceedings of that House (other than proceedings necessary for the
purpose of this section) until he has made and subscribed before that
House the oath of allegiance:

Provided that the election of a
President or Vice-President and the election of a Speaker and Deputy
Speaker may take place before the members of the Senate or the House,
as the case may be, have made and subscribed such oath.

۲.
References in this section to a member of a House of parliament include
references to any person who is a member of the House by virtue of
holding the office of Speaker or by virtue of holding or acting in the
office of Attorney-General.


۴۹: PRESIDING IN SENATE AND HOUSE.


۱.
The President or, in his absence, the Vice-President or, if they are
both absent, a Senator (not being a Minister or a Parliamentary
Secretary) elected by the Senate for that sitting shall preside at any
sitting of the Senate:

Provided that the President or
Vice-President, as the case may be, shall not preside when a motion for
his removal from office is before the Senate.

The Speaker, or
in his absence, the Deputy Speaker, or if they are both absent, a
member of the House (not being a Minister or Parliamentary Secretary)
elected by the House for that sitting shall preside at any sitting of
the House: Provided that the speaker or Deputy Speaker, as the case may
be, shall not preside when a motion for his removal from office is
before the House.


۵۰: QUORUM.


۱. If at any
sitting of either House of Parliament any member of that House who is
present draws the attention of the person presiding at the sitting to
the absence of a quorum and, after such interval as may be prescribed
in the rules of procedure of that House, the person presiding at the
sitting ascertains that a quorum of that House is still not present,
that House shall be adjourned.

۲. For the purpose of this
section a quorum of the Senate shall consist of six members, and a
quorum of the House shall consist of six members or such greater number
in each case as may be prescribed by Parliament and in neither case
shall the person presiding at the sitting be included in reckoning
whether there is a quorum present.


۵۱: VOTING.


۱.
Save as otherwise provided in this Constitution, any question proposed
for decision in a House of Parliament shall be determined by a majority
of the votes of the members present and voting.

۲. The
President or other member presiding in the Senate and the Speaker or
other member presiding in the House shall not vote unless on any
question the votes are equally divided, in which case, except as
otherwise provided in this section, he shall have and exercise a
casting vote:

Provided that in the case of the question of the
final reading of a bill as a referred to in section ۴۷(۲) of this
Constitution a Speaker or other member presiding in the House who is an
elected member of the House shall have an original vote but no casting
vote.

۳. A Speaker who is not an elected member of the House
shall have neither an original nor a casting vote and if, upon any
question before the House when such a Speaker is presiding, the votes
of the members are equally divided, the motion shall be lost.


۵۲: MODE OF EXERCISING LEGISLATIVE POWER.


۱.
The power of Parliament to make laws shall be exercised by bills passed
by the Senate and the House (or in the cases mentioned in sections ۵۴
and ۵۵ of this Constitution by the House) and assented to by the
Governor-General on behalf of Her Majesty.

۲. When a bill is
presented to the Governor-General for assent in accordance with this
Constitution, he shall signify that he assents thereto.

۳.
When the Governor-General assents to a bill that has been submitted to
him in accordance with the provisions of this Constitution the bill
shall become law and the Clerk of the House shall thereupon cause it to
be published in the Official Gazette as law.

۴. No law made by
Parliament shall come into operation until it has been published in the
Official Gazette but Parliament may postpone the coming into operation
of any such law.


۵۳: RESTRICTIONS WITH REGARD TO CERTAIN FINANCIAL MEASURES.


۱.
A bill other than a money bill may be introduced in either House of
Parliament; a money bill shall not be introduced in the Senate.

۲. Except on the proposal of a Minister authorised so to do by the Cabinet, neither House shall-

a.
proceed upon any bill (including any amendment to a bill) that, in the
opinion of the person presiding, makes provision for any of the
following purposes:-

for the imposition of taxation or the
alteration of taxation otherwise than by reduction; for the imposition
of any charge upon the Consolidated Fund or any other public fund of
Antigua and Barbuda or the alteration of any such charge otherwise than
by reduction: for the payment, issue or withdrawal from the
Consolidated Fund or any other public fund of Antigua and Barbuda of
any monies not charged thereon or any increase in the amount of such
payment, issue or withdrawal; or for the composition or remission of
any debt due to the Crown; or b. proceed upon any motion (including any
amendment to a motion) the effect of which, in the opinion of the
person presiding, would be to make provision for any of those purposes.



۵۴: RESTRICTIONS ON POWERS OF SENATE AS TO MONEY BILLS.


۱.
If a money bill, having been passed by the House and sent to the Senate
at least one month before the end of the session, is not passed by the
Senate without amendment within one month after it is sent to the
Senate, the bill shall, unless the House otherwise resolves, be
presented to the Governor-General for assent notwithstanding that the
Senate has not consented to the bill.

۲. There shall be
endorsed on every money bill when it is sent to the Senate the
certificate of the Speaker signed by him that it is a money bill; and
there shall be endorsed on any money bill that is presented to the
Governor-General for assent in pursuance of subsection (۱) of this
section, the certificate of the Speaker signed by him that it is a
money bill and that the provisions of that subsection have been
complied with.


۵۵: RESTRICTIONS ON POWERS OF SENATE AS TO BILLS OTHER THAN MONEY BILLS.


۱.
This section applies to any bill other than a money bill that is passed
by the House in two successive sessions (whether or not Parliament is
dissolved between those sessions) and, having been sent to the Senate
in each of those sessions at least one month before the end of the
session, is rejected by the Senate in each of those sessions.

۲.
A bill to which this section applies shall, on its rejection for the
second time by the Senate, unless the House otherwise resolves, be
submitted to the Governor-General for assent notwithstanding that the
Senate has not consented to the bill:

Provided that-

a.
the foregoing provisions of this subsection shall not have effect
unless at least three months have elapsed between the date on which the
bill is passed by the House in the first session and the date on which
it is passed by the House in the second session; and

b. a bill
such as is referred to in subsection (۵) of section ۴۷ of this
Constitution shall not be submitted to the Governor-General for his
assent unless the provisions of that subsection have been complied with
and the power conferred on the House by this subsection to resolve that
a bill shall not be presented to the Governor-General for assent shall
not be exercised in respect of such a bill.

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

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

۵. There shall be
inserted in any bill that is submitted to the Governor-General for
assent in pursuance of this section any amendments that are certified
by the Speaker to have been made in the bill by the Senate in the
second session and agreed to by the House.

۶. There shall be
endorsed on any bill that is presented to the Governor-General for
assent in pursuance of this section the certificate of the Speaker
signed by him that the provisions of this section have been complied
with.


۵۶: PROVISIONS RELATING TO SECTIONS ۵۳, ۵۴ AND ۵۵.


۱.
In sections ۵۳, ۵۴ and ۵۵ of this Constitution, "money bill" means a
public bill which, in the opinion of the speaker, contains only
provisions dealing with all or any of the following matters, namely,
the imposition, repeal, remission, alteration or regulation of
taxation; the imposition for the payment of debt or other financial
purposes, of charges on public money, or the variation or repeal of any
such charges; the grant of money to the Crown or to any authority or
person, or the variation or revocation of any such grant; the
appropriation, receipt, custody, investment, issue or audit of accounts
of public money; the raising or guarantee of any loan or the repayment
thereof, or the establishment, alteration, administration or abolition
of any sinking fund provided in connection with any such loan; or
subordinate matters incidental to any of the matters aforesaid; and in
this subsection the expressions "taxation", "debt", "public money" and
"loan" do not include any taxation imposed, debt incurred or money
provided or loan raised by any local authority or body for local
purposes.

۲. For the purposes of section ۵۲ of this Constitution, a bill shall be deemed to be rejected by the Senate if-

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

b. it is passed by the Senate with any amendment that is not agreed to by the House.

۳.
Whenever the office of Speaker is vacant or the Speaker is for any
reason unable to perform any function conferred on him by section ۵۴ or
۵۵ of this Constitution or subsection (۱) of this section, that
function may be performed by the Deputy Speaker.

۴. Any
certificate of the Speaker or Deputy Speaker given under section ۵۴ or
۵۵ of this Constitution shall be conclusive for all purposes and shall
not be questioned in any court of law.


۵۷: REGULATION OF PROCEDURE OF HOUSES OF PARLIAMENT.


۱.
Subject to the provisions of this Constitution, each House of
Parliament may regulate its own procedure and may in particular make
rules for the orderly conduct of its own proceedings.

۲. Each
House of Parliament may act notwithstanding any vacancy in its
membership (including any vacancy not filled when the House first meets
after any general election) and the presence or participation of any
person not entitled to be present at or to participate in the
proceedings of the House shall not invalidate those proceedings.


۵۸: FREEDOM OF SPEECH IN PROCEEDINGS OF PARLIAMENT.


۱.
Without prejudice to any provision made by Parliament relating to the
powers, privileges and immunities of Parliament and its committees, or
the privileges and immunities of the members and officers of either
House of Parliament and of other persons concerned in the business of
Parliament or its committees, no civil or criminal proceedings may be
instituted against any member of either House of Parliament for words
spoken before, or written in a report to, the House of Parliament of
which he is a member or a committee thereof or any joint committee of
the Senate and the House or by reason of any matter or thing brought by
him therein by petition, bill, resolution, motion or otherwise.

۲.
References in this section to a member of a House of Parliament include
references to any person who is a member of the House by virtue of
holding the office of Speaker or by virtue of holding or acting in the
office of Attorney-General.

۳. Where the Attorney-General or a
Minister takes part in the proceedings of the Senate in accordance with
a request made under section ۳۴ or, as the case may be, under section
۳۵ of this Constitution, and gives explanations in the Senate pursuant
to those sections, the provisions of subsection (۱) of this section
shall apply in relation to the Attorney-General or, as the case may be,
to that Minister as they apply in relation to a member of the Senate.

۴.
Where a Minister takes part in the proceedings of the House in
accordance with a request under section ۳۷ of this Constitution and
gives explanations in the House pursuant to that section, the
provisions of subsection (۱) of this section shall apply in relation to
that Minister as they apply in relation to a member of the House.


PART ۳

SUMMONING, PROROGATION AND DISSOLUTION OF PARLIAMENT


۵۹: SESSIONS OF PARLIAMENT.


۱.
Each session of Parliament shall be held at such place within Antigua
and Barbuda and shall begin at such time (not being later than six
months from the end of the preceding session if Parliament has been
prorogued or four months from the end of that session if Parliament has
been dissolved) as the Governor-General shall by Proclamation appoint.

۲.
Subject to the provisions of subsection (۱) of this section, not more
than three months shall elapse between sittings of Parliament during
any session of Parliament and, subject thereto, the sittings of
Parliament shall be held at such time and place as Parliament may, by
its rules of procedure or otherwise, determine.


۶۰: PROROGATION AND DISSOLUTION OF PARLIAMENT.


۱.
Subject to the provisions of subsection (۵) of this section, the
Governor-General, acting in accordance with the advice of the Prime
Minister, may at any time prorogue or dissolve Parliament.

۲.
Subject to the provisions of subsection (۳) of this section,
Parliament, unless sooner dissolved, shall continue for five years from
the date of its first sitting after any dissolution, and shall then
stand dissolved.

۳. At any time when Her Majesty is at war,
Parliament may extend the period of five years specified in subsection
(۲) of this section for not more than twelve months at a time so,
however, that the life of Parliament shall not be extended under this
subsection for more than five years.

۴. Where between a
dissolution of Parliament and the next ensuing general election of
members to the House, an emergency arises of such a nature that in the
opinion of the Prime Minister, it is necessary for the two Houses to be
summoned before the general election can be held, the Governor-General,
acting in accordance with the advice of the Prime Minister, may summon
the two Houses of the preceding Parliament but the election of members
of the House shall proceed and the Parliament that has been summoned
shall, if not sooner dissolved, again stand dissolved on the day on
which the general election is held.

۵. The Governor-General in
his discretion may dissolve Parliament if the majority of all the
members of all the members of the House pass a resolution that they
have no confidence in the Government and the Prime Minister does not
within seven days of the passing of that resolution either resign from
his office or advise a dissolution of Parliament.


۶۱: GENERAL ELECTIONS AND APPOINTMENT OF SENATORS.


۱.
A general election of members of the House shall be held at such time
within three months after every dissolution of Parliament as the
Governor-General, acting in accordance with the advice of the Prime
Minister, shall appoint.

۲. As soon as practicable after every
general election the Governor-General shall proceed under section ۲۸ of
this constitution to the appointment of Senators.


PART ۴ DELIMITATIONS OF CONSTITUENCIES

۶۲: CONSTITUENCIES.


۱.
For the purpose of the election of members of the House, Antigua and
Barbuda shall be divided into such number of constituencies, at least
one of which shall be within Barbuda, having such boundaries as may be
provided for by an Order made by the Governor-General in accordance
with the provisions of section ۶۵ of this Constitution.

۲. Each constituency shall return one member to the House.


۶۳: CONSTITUENCIES BOUNDARIES COMMISSION.


۱.
There shall be a Constituencies Boundaries Commission for Antigua and
Barbuda which shall be appointed from time to time to review the
number, and the boundaries, of the constituencies and report thereon to
the Speaker in accordance with the provisions of this Part and which
shall consist of-

a. a chairman who shall be appointed by the
Governor-General acting in accordance with the advice of the Prime
Minister given after the Prime Minister has consulted with the Leader
of the Opposition;

b. two members 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 Leader of the Opposition.

۲.
A person shall not be qualified to be appointed as a member of a
Constituencies Boundaries Commission if he is a Senator, a member of
the House or a public officer.

۳. Subject to the provisions of
this section, a member of a Constituencies Boundaries Commission shall
vacate his office if any circumstances arise that, if he were not a
member of a Constituencies Boundaries Commission, would cause him to be
disqualified for appointment as such.

۴. All members of a Constituencies Boundaries Commission shall vacate office and the Commission shall cease to exist-

a.
twelve months after the date when the report of the Commission is
submitted to the Speaker under section ۶۴ of this Constitution;

b.
on the date when an Order consequent upon the report of the Commission
is made the Governor-General under section ۶۵ of this Constitution, or

c. at the dissolution of Parliament next after the appointment of the Commission, whichever is the earlier.

۵.
A member of a Constituencies Boundaries Commission may be removed from
office but only for inability to discharge the functions thereof
(whether arising from infirmity of mind or body or any other cause) or
for misbehaviour, and he shall not be so removed except in accordance
with the provisions of this section.

۶. A member of a
Constituencies Boundaries 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 subsection (۷) of this
section and the tribunal has recommended to the Governor-General that
he ought to be removed from office for inability as aforesaid or for
misbehaviour.

۷. If the Prime Minister or the Leader of the
Opposition represents to the Governor-General that the question of
removal of a member of a Constituencies Boundaries Commission from
office for inability as aforesaid or for misbehaviour 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 Chief Justice, from among persons who hold or have held
office as a 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; and

b. the
tribunal shall enquire into the matter and report on the facts thereof
to the Governor-General and recommend to the Governor-General whether
the member of the Constituencies Boundaries Commission ought to be
removed from office for inability as aforesaid or for misbehaviour.

۸. A Constituencies Boundaries Commission may regulate its own procedure.

۹.
A Constituencies Boundaries Commission may, with the consent of the
Prime Minister confer powers and impose duties on any public officer or
on any authority of the Government for the purpose of the discharge of
its functions.

۱۰. A Constituencies Boundaries Commission may,
subject to its rules of procedure, act notwithstanding any vacancy in
its membership and its proceedings shall not be invalidated by the
presence or participation of any person not entitled to be present or
to participate in those proceedings:

Provided that any decision of the Commission shall require the concurrence of a majority of all its members.

۱۱.
In the exercise of its functions under this Constitution, a
Constituencies Boundaries Commission shall not be subject to the
control or direction of any other person or authority.


۶۴: REPORT BY COMMISSION.


۱.
A Constituencies Boundaries Commission shall on its appointment
forthwith proceed to review the number of constituencies into which
Antigua and Barbuda is divided and the boundaries thereof and shall
submit a report to the Speaker stating whether, and if so what,
alterations the Commission recommends should be made to the number or
the boundaries of those constituencies.

۲. A report by a
Constituencies Boundaries Commission shall be submitted to the Speaker
under this section not less than two or more than five years after the
date when the last such report was submitted.

۳. In reviewing
the number, and the boundaries, of the constituencies and making its
report thereon, a Constituencies Boundaries Commission shall be guided
by such general principles as may be prescribed by Parliament.


۶۵: PROCEDURE UPON REPORT.


۱.
As soon as may be after a Constituencies Boundaries Commission has
submitted a report under section ۶۴ if this Constitution, the Prime
Minister shall lay before the House for its approval the 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 Order may make provision for any matters which appear to
the Prime Minister to be incidental to or consequential upon the other
provisions of the draft.

۲. Where any draft Order submitted to
the House under this section gives effect to any such recommendations
with modifications, the Prime Minister shall lay before the House
together with the draft Order a statement of the reasons for the
modifications.

۳. If the motion for the approval of any draft
Order laid before the House under this section is rejected by the
House, or is withdrawn by leave of the House, the Prime Minister shall
amend the draft Order and lay the amended draft before the House.

۴.
If any draft Order laid before the House under this section is approved
by resolution of the House, the Prime Minister shall submit it to the
Governor-General who shall make an Order in terms of the draft; and
that Order shall come into force upon the next dissolution of
Parliament after it is made.

۵. The question of the validity
of any Order by the Governor-General purporting to be made under this
section and reciting that a draft thereof had been approved by
resolution of the House shall not be enquired into in any court of law.




PART ۵

THE OMBUDSMAN


۶۶: ESTABLISHMENT, APPOINTMENT, FUNCTIONS ETC. OF OMBUDSMAN.


۱.
There shall be an officer of Parliament who shall be known as the
Ombudsman who shall not hold any other office of emolument either in
the public service or otherwise nor engage in any occupation for reward
other than the duties of his office.

۲. The Ombudsman shall be appointed by resolutions of each House of Parliament for such term as may be prescribed therein.

۳.
The Ombudsman shall not enter upon the duties of his office until he
has taken and subscribed before the Speaker the oath of allegiance and
the oath of office.

۴. Parliament may make provision for the functions, powers and duties of the Ombudsman.

۵.
The Ombudsman may be removed from office only for inability to exercise
the functions of his office (whether arising from infirmity of body or
mind or any other cause) or for misbehaviour and shall not be so
removed except in accordance with the provisions of this section.

۶.
The Ombudsman shall be removed from office by resolutions of both
Houses of Parliament if the question of his removal from office has
been referred to a tribunal appointed under subsection (۷) of this
section and the tribunal has recommended to Parliament that he ought to
be removed from office for inability as aforesaid or for misbehaviour.

۷.
If by both Houses of Parliament it is resolved that the question of
removing the Ombudsman under this section ought to be investigates,
then-

a. the Speaker shall appoint a tribunal which shall
consist of a chairman and not less than two other members selected by
the Chief Justice from among persons who hold or have held office as a
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 such a court; and

b. the tribunal shall
enquire into the matter and report on the facts thereof to the Speaker
and recommend to Parliament through the Speaker whether the Ombudsman
ought to be removed under this section.

۸. If the question of
removing the Ombudsman has been referred to a tribunal under this
section, both Houses of Parliament may by resolution suspend the
Ombudsman from the functions of his office and any such suspension may
at any time be revoked by resolutions of both Houses of Parliament, and
shall in any case cease to have effect if the tribunal recommends to
Parliament through the Speaker that the Ombudsman should not be
removed.

۹. If at any time the Ombudsman is for any reason
unable to exercise the functions of his office, both Houses of
Parliament may by resolutions appoint a person to act as Ombudsman, and
any person so appointed shall, subject to the provisions of subsections
(۷) and (۸) of this section, continue to act until the Ombudsman has
resumed his functions or until the appointment to act has bee revoked
by resolutions of both Houses of Parliament.

۱۰. The Ombudsman
shall, in the exercise of his functions under this Constitution, not be
subject to the direction or control of any other person or authority.


PART ۶

THE SUPERVISOR OF ELECTIONS

۶۷: APPOINTMENT, FUNCTIONS AND REMOVAL OF SUPERVISOR OF ELECTIONS.


۱.
The Governor-General shall by notice published in the Gazette appoint a
Supervisor of Elections on resolutions to that effect of both Houses of
Parliament specifying the person nominated for appointment.

۲. The Supervisor of Elections shall have and exercise such functions, powers and duties as may be provided by law.

۳. The office of the Supervisor of Elections shall be a public office.

۴.
Subject to the provisions of subsection (۶) of this section, the
Supervisor of Elections shall vacate his office when he attains such
age, or at the expiration of such term, as may be prescribed by
Parliament.

۵. A person holding the office of Supervisor of
Elections may be removed from office only for inability to exercise the
functions of his office (whether arising from infirmity of body or mind
or any other cause) or for misbehaviour and shall not be so removed
except in accordance with the provisions of this section.

۶.
The Supervisor of Elections 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 subsection (۷) of this section
and the tribunal has recommended to the Governor-General that he ought
to be removed for inability as aforesaid or for misbehaviour.

۷.
If resolutions of both Houses of Parliament are passed to the effect
that the question of removing the Supervisor of Elections under this
section 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 from among persons who hold or have
held office as a 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 such a court; and

b. the
tribunal shall enquire into the matter and report on the facts thereof
to the Governor-General and recommend to him whether the Supervisor of
Elections ought to be removed under this section.

۸. If the
question of removing the Supervisor of Elections has been referred to a
tribunal under this section, the Governor-General, acting in accordance
with the advice of the Public Service Commission, may suspend the
Supervisor of Elections from the exercise of the functions of his
office and any such suspension may at any time be revoked by the
Governor-General acting in accordance with such advice as aforesaid,
and shall in any case cease to have effect if the tribunal recommends
to the Governor-General that the Supervisor of Elections should not be
removed.

۹. If at any time the Supervisor of Elections is for
any reason unable to exercise the functions of his office, the
Governor-General shall by notice published in the Official Gazette
appoint a person to act as Supervisor of Elections on resolutions to
that effect of both Houses of Parliament specifying the person
nominated for appointment, and any person so appointed shall, subject
to the provisions of subsections (۷) and (۸) of this section, continue
to act until the Supervisor of Elections has resumed his functions or
until the appointment to act has been revoked by the Governor-General
on resolutions to that effect by both Houses of Parliament.



CHAPTER V EXECUTIVE POWERS

PART ۱

GENERAL


۶۸: EXECUTIVE AUTHORITY.


۱. The executive authority of Antigua and Barbuda is vested in Her Majesty.

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

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


۶۹: MINISTER OF GOVERNMENT.


۱. There shall be a Prime Minister of Antigua and Barbuda who shall be appointed by the Governor-General.

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

a.
a member of the House who is the leader in the House of the political
party that commands the support of the majority of members of the
House; or

b. where it appears to him that such party does not
have an undisputed leader in the House or that no party commands the
support of such a majority, the member of the House who in his judgment
is most likely to command the support of the majority of members of the
House, and is willing to accept the office of Prime Minister.

۳.
Subject to the provision of section ۸۲ of this Constitution and
subsection (۴) of this section there shall be, in addition to the
office of Prime Minister, such other offices of Minister (including
Minister of State) of the Government as may be established by
Parliament or, subject to the provisions of any law enacted by
Parliament, by the Governor-General, acting in accordance with the
advice of the Prime Minister.

۴. 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 members of the House and of the Senate.

۵. If
occasion arises for making appointment to the office of Prime Minister
or any other Minister while Parliament is dissolved, then,
notwithstanding any other provision of this section, a person who was a
member of the House immediately before the dissolution may be appointed
as Prime Minister or any other Minister and a person who was a Senator
immediately before the dissolution may be appointed as any Minister
other than Prime Minister.

۶. Appointments under this section shall be made by instrument under the Public Seal.


۷۰: THE CABINET.


۱.
There shall be a Cabinet for Antigua and Barbuda which shall have the
general direction and control of the Government and shall be
collectively responsible therefor to Parliament.

۲. The
Cabinets shall consist of the Prime Minister and such number of other
Ministers (of whom one shall be the Attorney-General), appointed in
accordance with the provisions of section ۶۹ of this Constitution as
the Prime Minister may consider appropriate.


۷۱: ALLOCATION OF PORTFOLIOS.


۱.
The Governor-General, acting in accordance with the advice of the Prime
Minister, may, by directions is whiting, assign to the Prime Minister
or any other Minister responsibility for any business of the
Government, including the administration of any department of
government.

۲. Where a Minister is incapable of performing his
functions by reason of his absence from Antigua and Barbuda or by
reason of illness, the Governor-General, acting in accordance with the
advice of the Prime Minister, may appoint a member of the House or a
Senator to act in the office of such Minister during such absence or
illness.


۷۳: TENURE OF OFFICE OF MINISTERS.


۱.
Where the House 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 that resolution either resign from his
office 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.
when after any dissolution of Parliament he is informed by the
Governor-General that the Governor-General is about to reappoint him as
Prime Minister or to appoint another person as Prime Minister; or

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

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

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

۴.
Where at any time the Prime Minister is required under the provisions
of section ۴۱(۲) of this Constitution to cease to perform his functions
as a member of the House, he shall cease during such time to perform
any of his functions as Prime Minister.

۵. Where at any time a
Minister other than the Prime Minister is required under section ۳۱(۲)
or section ۴۱ 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 Minister.


۷۴: PERFORMANCE OF FUNCTIONS OF PRIME MINISTER DURING ABSENCE, ILLNESS OR SUSPENSION.


۱.
Where the Prime Minister is absent from Antigua and Barbuda or is
unable by reason of illness or of the provisions of section ۷۳(۴) of
this Constitution to perform the functions conferred on him by this
Constitution, the Governor-General may authorise some other member of
the Cabinet to perform those functions (other than the functions
conferred by subsection (۲) of this section) 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 section shall be exercised by him in accordance with that advice
of the Prime Minister, save that where the Governor-General considers
that it is impracticable to obtain the advice of the Prime Minister
owing to his absence or illness, or where the Prime Minister is unable
to tender the advice by reason of the provisions of section ۷۳(۴) of
this Constitution, the Governor-General may exercise those powers in
his discretion.


۷۵: PARLIAMENTARY SECRETARIES.


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

۲. Where occasion arises for making an
appointment under this section while Parliament is dissolved, a person
who was a Senator or a member of the House immediately before the
dissolution may be appointed as a Parliamentary Secretary.

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

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

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

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



۷۶: OATHS TO BE TAKEN BY MINISTERS AND PARLIAMENTARY SECRETARIES.


The
Prime Minister, every other Minister and every Parliamentary Secretary
shall, before entering upon the duties of his office, make and
subscribe the oath of allegiance, the oath of office and the oath of
secrecy.


۷۷: SECRETARY TO THE CABINET.


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

۲.
The Secretary to the Cabinet, who shall have charge of the Cabinet
office, shall be responsible in accordance with such instructions as
may be given him by the Prime Minister, for arranging the business for,
and keeping the minutes of, the Cabinet and for conveying the decisions
of the Cabinet to the appropriate person or authority and shall have
such other functions as the Prime Minister may direct.

۳. The Secretary to the Cabinet shall, before entering upon the duties of his office, make and subscribe the oath of secrecy.


۷۸: PERMANENT SECRETARIES.


۱.
Where any Minister has been assigned responsibility for any department
of government, he shall exercise direction and control over that
department; and, subject to such direction and control, the department
shall be under the supervision of a Permanent Secretary whose office
shall be a public office.

۲. For the purposes of this section:-

a. two or more government departments may be placed under the supervision of one Permanent Secretary; and

b. two or more Permanent Secretaries may supervise any department of government assigned to a Minister.


۷۹: LEADER OF THE OPPOSITION.


۱.
There shall (except at times when there are no members of the House who
do not support the Government) be a Leader of the Opposition who shall
be appointed by the Governor-General.

۲. Whenever there is
occasion for the appointment of a Leader of the Opposition the
Governor-General shall appoint the member of the House who appears to
him most likely to command the support of a majority of the members of
the House who do not support the Government; or, if no member of the
House appears to him to command such support, the member of the House
who appears to him to command the support of the largest single group
of members of the House who do not support the Government:

provided that-

a.
if there are two or more members of the House who do not support the
Government but none of them commands the support of the other or
others, the Governor-General may, acting in his discretion, appoint any
one of them as Leader of the Opposition, and

b. in the
exercise of his discretion the Governor-General shall be guided by the
seniority of each based on his length of service as a member of the
House, by the number of votes cast in favour of each at the last
election of members of the House or by both such seniority and such
number of votes.

۳. If the occasion arises to appoint a Leader
of the Opposition during the period between a dissolution of Parliament
and the day on which the ensuing election of members of the House is
held, an appointment may be made as if Parliament had not been
dissolved.

۴. The office of Leader of the Opposition shall become vacant-

a. if he ceases to be a member of the House otherwise than by reason of a dissolution of Parliament;

b. if, when the House first meets after a dissolution of Parliament, he is not then a member of the House;

c.
if, under the provisions of section ۴۱(۲) of this Constitution, he is
required to cease to perform his functions as a member of the House; or


d. if he is removed from office by the Governor-General under the provisions of subsection (۵) of this section.

۵.
If it appears to the Governor-General that the Leader of the Opposition
is no longer able to command the support of a majority of the members
of the House who do not support the Government or the support of the
largest single group of members of the House who do not support the
Government, he shall remove the Leader of the Opposition from office.

۶. The powers of the Governor-General under this section shall be exercised by him in his discretion.

۷.
Where the office of Leader of the Opposition is vacant, whether because
there is no member of the House so qualified for appointment or because
the Leader of the Opposition has resigned his office or for any other
reason, any provision in this Constitution requiring consultation with
or the advice of the Leader of the Opposition shall, in so far as it
requires such consultation or advice, be of no effect



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