User:Glide08/Sandbox/New Granada (1980, Original)
(1980)
ARRANGEMENT OF ARTICLES | |
| CHAPTER I The State, The Constitution and Citizenship | |
| Article | |
| 1. | The State. |
| 2. | The Constitution is supreme law. |
| 3. | Persons who become citizens at independence. |
| 4. | Persons who become citizens after independence. |
| 5. | Registration. |
| 6. | Dual citizenship. |
| 7. | Acquisition, renunciation, certification and deprivation. |
| 8. | Interpretation. |
| CHAPTER II Directive Principles and Objectives | |
| Article | |
| 9. | Sovereignty belongs to the people. |
| 10. | Objective of political system. |
| 11. | Local government. |
| 12. | Equality. |
| 13. | Youth. |
| 14. | The environment. |
| 15. | External relations. |
| 16. | Guiding principles and objectives. |
| CHAPTER III Protection of Fundamental Rights and Freedoms of the Individual | |
| Article | |
| 17. | Fundamental rights and freedoms of the individual. |
| 18. | Protection of freedom of the person. |
| 19. | Protection of property rights. |
| 20. | Protection of right to due process. |
| 21. | Protection of freedom of religion. |
| 22. | Protection of right to work. |
| 23. | Protection of right to leisure. |
| 24. | Protection of right to medical attention and social care in case of old age and disability. |
| 25. | Protection of right to housing. |
| 26. | Protection of right to education. |
| 27. | Status of marriage. |
| 28. | Application for redress. |
| 29. | Interpretation. |
| CHAPTER IV The Executive Part 1 The President | |
| Article | |
| 30. | The Office of President. |
| 31. | Qualifications for election as President. |
| 32. | Disqualifications for election as President. |
| 33. | Election of President. |
| 34. | Tenure of Office of President. |
| 35. | Removal of President on grounds of incapacity. |
| 36. | Removal of President on grounds of violation of the Constitution or gross misconduct. |
| 37. | Vacancy in office of President. |
| 38. | Discharge of functions of President during absence, illness, etc. |
| 39. | Oaths to be taken by President. |
| 40. | Personal staff of President. |
| 41. | Public Seal. |
| 42. | Returning officer at elections of President. |
| 43. | Vice-President. |
| 44. | Salary and allowances of President. |
| 45. | Protection of President in respect of legal proceedings. |
CHAPTER I THE CONSTITUTION
[edit]1. The State
The Commonwealth of New Granada shall be a sovereign democratic State.
2. The Constitution is supreme law
This Constitution is the supreme law of the Commonwealth of New Granada and, subject to the provisions of this Constitution, if any other law is inconsistent with this Constitution, this Constitution, shall prevail and the other law shall, to the extent of the inconsistency, be void.
CHAPTER II CITIZENSHIP
CHAPTER III PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
Fundamental rights and freedoms of the individual
15. Whereas every person in New Granada is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely—
(a)life, liberty, security of the person and the protection of the law;
(b)freedom of conscience, of expression and of assembly and association; and
(c)protection for the privacy of his home and other property and from deprivation of property without compensation,
the subsequent provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
Protection of right to life
16.—(1) No person shall be deprived intentionally of his life save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted.
(2) A person shall not be regarded as having been deprived of his life in contravention of this Article if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable—
(a)for the defence of any person from violence or for the defence of property;
(b)in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c)for the purpose of suppressing a riot, insurrection or mutiny; or
(d)in order to prevent the commission by that person of a criminal offence,
or if he dies as a result of a lawful act of war.
Protection from inhuman treatment
17.—(1) No person shall be subjected to torture of to inhuman or degrading treatment or punishment.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question authorises the infliction of any description of punishment that was lawful in New Granada immediately before 1st March 1971.
Protection from slavery and forced labour
18.—(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this Article, “forced labour” does not include—
(a)any labour required in consequence of the sentence or order of a court;
(b)any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service in a naval, military or air force, any labour which that person is required by law to perform in place of such service;
(c)labour required of any person while he is lawfully detained which, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place in which he is detained; or
(d)any labour required during a period of public emergency (that is to say, a period to which Article 29 of this Constitution applies) or in the event of any other emergency or calamity that threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation.
Protection from arbitrary arrest or detention
19.—(1) No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases—
(a)in execution of the sentence or order of a court, whether established for New Granada or some other country, in respect of a criminal offence of which he has been convicted or in consequence of his unfitness to plead to a criminal charge or in execution of the order of a court on the grounds of his contempt of that court or of another court or tribunal;
(b)in execution of the order of a court made in order to secure the fulfilment of any obligation imposed upon him by law;
(c)for the purpose of bringing him before a court in execution of the order or a court;
(d)upon reasonable suspicion of his having committed, or of being about to commit, a criminal offence;
(e)in the case of a person who has not attained the age of eighteen years, for the purpose of his education or welfare;
(f)for the purpose of preventing the spread of an infectious or contagious disease or in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;
(g)for the purpose of preventing the unlawful entry of that person into New Granada or for the purpose of effecting the expulsion, extradition or other lawful removal from New Granada of that person or the taking of proceedings relating thereto; and, without prejudice to the generality of the foregoing, a law may, for the purposes of this sub-paragraph, provide that a person who is not a citizen of New Granada may be deprived of his liberty to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within New Granada or prohibiting him from being within such an area.
(2) Any person who is arrested or detained shall be informed as soon as is reasonably practicable, in a language that he understands, of the reasons for his arrest or detention and shall be permitted, at his own expense, to retain and instruct without delay a legal representative of his own choice and to hold private communication with him; and in the case of a person who has not attained the age of eighteen years he shall also be afforded a reasonable opportunity for communication with his parent or guardian.
(3) Any person who is arrested or detained in such a case as is mentioned in sub-paragraph (1)(c) or (d) of this Article and who is not released shall be brought without undue delay before a court; and if any person arrested or detained in such a case as is mentioned in the said sub-paragraph (1)(d) is not tried within a reasonable time he shall (without prejudice to any further proceedings that may be brought against him) be released either unconditionally or upon 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.
(4) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.
(5) Where a person is detained by virtue of such a law as is referred to in Article 29 of this Constitution, the following provisions shall apply—
(a)he shall, as soon as reasonably practicable and in any case not more than five days after the commencement of his detention, be furnished with a statement in writing, in a language that he understands, of the grounds upon which he is detained;
(b)not more than fourteen days after the commencement of his detention, a notification shall be published in the Gazette stating that he has been detained and giving particulars of the provisions of law under which his detention is authorised;
(c)he may from time to time request that his case be reviewed under sub-paragraph (d) of this paragraph but, where he has made such a request, no subsequent request shall be made before the expiration of three months from the making of the previous request;
(d)where a request is made under sub-paragraph (c) of this paragraph, the case shall, within one month of the making of the request, be reviewed by an independent and impartial tribunal established by law, prescribed over by the Chief Justice or another Justice of the Supreme Court appointed by him, and consisting of persons who are Justices of the Supreme Court or who are qualified to be appointed as Justices of the Supreme Court;
(e)he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal representative of his own choice, and he and any such legal representative shall be permitted to make written or oral representations or both to the tribunal appointed for the review of his case.
(6) On any review by a tribunal in pursuance of paragraph (5) of this Article of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered, but, unless it is otherwise provided by law, that authority shall not be obligated to act in accordance with any such recommendations.
(7) When any person is detained by virtue of such a law as is referred to in Article 29 of this Constitution the Prime Minister or a Minister authorised by him shall, not more than thirty days after the commencement of the detention and thereafter not more than thirty days after the making of the previous report, make a report to each House stating the number of persons detained as aforesaid and the number of cases in which the authority that ordered the detention has not acted in accordance with the recommendations of a tribunal appointed in pursuance of paragraph (5) of this Article:
Provided that in reckoning any period of thirty days for the purposes of this paragraph no account shall be taken of any period during which Parliament stands prorogued or dissolved.
Provisions to secure protection of law
20.—(1) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
(2) Every person who is charged with a criminal offence—
(a)shall be presumed to be innocent until he is proved or has pleaded guilty;
(b)shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged;
(c)shall be given adequate time and facilities for the preparation of his defence;
(d)shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice or by a legal representative at the public expense where so provided by or under a law in force in New Granada;
(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;
(f)shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge; and
(g)shall, when charged on information in the Supreme Court, have the right to trial by jury;
and except with his own consent the trial shall not take place in his absence unless he so conducts himself in the court as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.
(3) When a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf, shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
(4) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.
(5) No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
(6) No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.
(7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
(8) Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time.
(9) All proceedings instituted in any court for the determination of the existence or extent of any civil right or obligation, including the announcement of the decision of the court, shall be held in public.
(10) Nothing in paragraph (9) of this Article shall prevent the court from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court—
(a)may be empowered by law so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice, or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings;
(b)may be empowered or required by law to do so in the interests of defence, public safety or public order; or
(c)may be empowered or required to do so by rules of court and practice existing immediately before 1st March 1971 or by any law made subsequently to the extent that it makes provision substantially to the same effect as provision contained in any such rules.
(11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of—
(a)sub-paragraph (2)(a) of this Article to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;
(b)sub-paragraph (2)(e) of this Article to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds;
(c)paragraph (5) of this Article to the extent that the law in question 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.
Protection for privacy of home and other property
21.—(1) Except with his consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision—
(a)which is reasonably required—
(i)in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development of mineral resources, or the development or utilisation of any other property in such a manner as to promote the public benefit; or
(ii)for the purpose of protecting the rights and freedoms other persons;
(b)to enable to officer or agent of the Government of New Granada, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that Government, authority or body corporate, as the case may be; or
(c)to authorise, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or the entry upon any premises by such order,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
Protection of freedom of conscience
22.—(1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this Article the said freedom includes freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.
(2) Except with his consent (or, if he is a person who has not attained the age of eighteen years, the consent of his guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own.
(3) No religious body or denomination shall be prevented from or hindered in providing religious instruction for persons of that body or denomination in the course of any education provided by that body or denomination whether or not that body or denomination is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in whole or in part, the cost of such course of education.
(4) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief.
(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision which is reasonably required—
(a)in the 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 interference 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.
Protection of freedom of expression
23.—(1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this Article the said freedom includes freedom to hold opinions, to receive and impart ideas and information without interference, and freedom from interference with his correspondence.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision—
(a)which is reasonably required—
(i)in the interests of defence, public safety, public, order, public morality or public health; or
(ii)for the purpose of protecting the rights, reputations and freedoms of other persons, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or regulating telephony, telegraphy, posts, wireless broadcasting, television, public exhibitions or public entertainment; or
(b)which imposes restrictions upon persons holding office under the Crown or upon members of a disciplined force,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
Protection of freedom of assembly and association
24.—(1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties, or to form or belong to trade unions or other associations for the protection of his interests.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision—
(a)which is reasonably required—
(i)in the interests of defence, public safety, public order, public morality or public health; or
(ii)for the purpose of protecting the rights and freedoms of other persons; or
(b)which imposes restrictions upon persons holding office under the Crown or upon members of a disciplined force,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
Protection of freedom of movement
25.—(1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of movement, and for the purposes of this Article the said freedom means the right to move freely throughout New Granada, the right to reside in any part thereof, the right to enter. New Granada, the right to leave New Granada and immunity from expulsion therefrom.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision—
(a)which is reasonably required—
(i)in the interests of defence, public safety, public order, public morality, public health, town and country planning or the prevention of plant or animal diseases; or
(ii)for the purpose of protecting the rights and freedoms of other persons,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; (b)for the removal of a person from New Granada to be tried outside New Granada for a criminal offence or to undergo imprisonment in some other country in respect of a criminal offence of which he has been convicted;
(c)for the imposition of restrictions upon the movement or residence within New Granada of public officers or members of a disciplined force that are reasonably required for the purpose of the proper performance of their functions; or
(d)for the imposition of restrictions on the movement or residence within New Granada of any person who is not a citizen of New Granada or the exclusion or expulsion therefrom of any such person; or
(e)for the imposition of restrictions on the right of any person to leave New Granada in the public interest, or for securing compliance with any international obligation of the Government of New Granada particulars of which have been laid before Parliament.
(3) Any restriction on a person's freedom of movement which is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this Article.
(4) For the purposes of sub-paragraph (c) of paragraph (2) of this Article “law” in that paragraph includes directions in writing regarding the conduct of public officers generally or any class of public officer issued by the Government of New Granada.
Protection from discrimination on the grounds of race, etc
26.—(1) Subject to the provisions of paragraphs (4), (5) and (9) of this Article, no law shall make any provision which is discriminatory either of itself or in its effect.
(2) Subject to the provisions of paragraphs (6), (9) and (10) of this Article, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
(3) In this Article, 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, colour or creed 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 which are not accorded to persons of another such description.
(4) Paragraph (1) of this Article shall not apply to any law so far as that law makes provision—
(a)for the appropriation of revenues or other funds of New Granada or for the imposition of taxation (including the levying of fees for the grant of licences); or
(b)with respect to the entry into or to exclusion from, or the employment, engaging in any business or profession, movement or residence within, New Granada of persons who are not citizens of New Granada; or
(c)with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; or
(d)whereby persons of any such description as is mentioned in paragraph (3) of this Article may be subjected to any disability or restriction or may be accorded any privilege or advantages which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society; or
(e)for authorising the granting of licences or certificates permitting the conduct of a lottery, the keeping of a gaming house or the carrying on of gambling in any of its forms subject to conditions which impose upon persons who are citizens of New Granada disabilities or restrictions to which other persons are not made subject.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of paragraph (1) of this Article to the extent that it makes provision with respect to standards or qualifications (not being a standard or qualification specifically relating to race, place of origin, political opinions, colour or creed) in order to be eligible for service as a public officer or as a member of a disciplined force or for the service of a local government authority or a body corporate established by law for public purposes.
(6) Paragraph (2) of this Article shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in paragraphs (4) or (5) of this Article.
(7) Subject to the provisions of sub-paragraph (4)(e) and of paragraph (9) of this Article, no person shall be treated in a discriminatory manner in respect of access to any of the following places to which the general public have access, namely, shops, hotels, restaurants, eating-houses, licensed premises, places of entertainment or places of resort.
(8) Subject to the provisions of this Article no person shall be treated in a discriminatory manner—
(a)in respect of any conveyance or lease or agreement for, or in consideration of, or collateral to, a conveyance or lease of any freehold or leasehold hereditaments which have been offered for sale or lease to the general public;
(b)in respect of any convenant or provisions in any conveyance or lease or agreement for, or in consideration of, or collateral to, a conveyance or lease restricting by discriminatory provisions the transfer, ownership, use or occupation of any freehold or leasehold hereditaments which have been offered for sale or lease to the general public.
(9) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision whereby persons of any such description as is mentioned in paragraph (3) of this Article may be subjected to any restriction on the rights and freedoms guaranteed by Articles 21, 22, 23, 24 and 25 of this Constitution, being such a restriction as is authorised by Article 21(2)(a), 22(5), 23(2), 24(2) or 25(2)(a) or (e), as the case may be.
(10) Nothing in paragraph (2) of this Article shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.
Protection from deprivation of property
27.—(1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say—
(a)the taking of possession or acquisition is necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning or the development or utilisation of any property in such manner as to promote the public benefit or the economic well-being of the community; and
(b)the necessity therefor is such as to afford reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the property; and
(c)provision is made by a law applicable to that taking of possession or acquisition—
(i)for the making of prompt and adequate compensation in the circumstances; and
(ii)securing to any person having an interest in or right over the property a right of access to the Supreme Court, whether direct or on appeal from any other authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any compensation to which he is entitled, and for the purpose of obtaining prompt payment of that compensation; and
(d)any party to proceedings in the Supreme Court relating to such a claim is given by law the same rights of appeal as are accorded generally to parties to civil proceedings in that Court sitting as a court of original jurisdiction.
(2) Nothing in this Article shall be construced as affecting the making or operation of any law so far as it provides for the taking of possession or acquisition of property—
(a)in satisfaction of any tax, rate or due;
(b)by way of penalty for breach of the law, whether under civil process or after conviction of a criminal offence under the law of New Granada;
(c)as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
(d)upon the attempted removal of the property in question out of or into New Granada in contravention of any law;
(e)by way of the taking of a sample for the purposes of any law;
(f)where the property consists of an animal upon its being found trespassing or straying;
(g)in the execution of judgments or orders of courts;
(h)by reason of its being in a dilapidated or dangerous state or injurious to the health of human beings, animals or plants;
(i)in consequence of any law making provision for the validation of titles to land or (without prejudice to the generality of the foregoing words) the confirmation of such titles, or for the extinguishment of adverse claims, or with respect to prescription or the limitation of actions;
(j)for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, the carrying out thereon—
(i)of work or reclamation, drainage, soil conservation or the conservation of other natural resources; or
(ii)of agricultural development or improvement that the owner or occupier of the land has been required, and has, without reasonable and lawful excuse, refused or failed to carry out; or
(k)to the extent that the law in question makes provision for the vesting or taking of possession or acquisition or administration of—
(i)enemy property;
(ii)property of a deceased person, a person of unsound mind or a person who has not attained the age of twenty-one years, for the purposes of its administration for the benefit of the persons entitled to the beneficial interest therein;
(iii)property of a person adjudged insolvent or a defunct company that has been struck off the Register of Companies, or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of that insolvent person or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or
(iv)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 purpose of giving effect to the trust.
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision for the orderly marketing or production or growth or extraction of any agricultural or fish product or mineral or water or any article or thing prepared for market or manufactured therefor or for the reasonable restriction of the use of any property in the interest of safeguarding the interests of others or the protection of tenants, licensees or others having rights in or over such property.
(4) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision for the compulsory taking possession in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate established directly by law for public purposes in which no monies have been invested other than monies provided by Parliament.
Enforcement of fundamental rights
28.—(1) If any person alleges that any of the provisions of Articles 16 to 27 (inclusive) of this Constitutions has been, is being or is likely to be contravened in relation to him then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the Supreme Court for redress.
(2) The Supreme Court shall have original jurisdiction—
(a)to hear and determine any application made by any person in pursuance of paragraph (1) of this Article; and
(b)to determine any question arising in the case of any person which is referred to it in pursuance of paragraph (3) of this Article,
and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of the said Articles 16 to 27 (inclusive) to the protection of which the person concerned is entitled:
Provided that the Supreme Court shall not exercise its powers under this paragraph if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law.
(3) If, in any proceedings in any court established for New Granada other than the Supreme Court or the Court of Appeal, any question arises as to the contravention of any of the provisions of the said Articles 16 to 27 (inclusive), the court in which the question has arisen shall refer the question to the Supreme Court.
(4) No law shall make provision with respect to rights of appeal from any determination of the Supreme Court in pursuance of this Article that is less favourable to any party thereto than the rights of appeal from determinations of the Supreme Court that are accorded generally to parties to civil proceedings in that Court sitting as a court of original jurisdiction.
(5) Parliament may make laws to confer upon the Supreme Court such additional or supplementary powers as may appear to be necessary or desirable for enabling the Court more effectively to exercise the jurisdiction conferred upon it by paragraph (2) of this Article and may make provision with respect to the practice and procedure of the Court will exercising that jurisdiction.
Provisions for time of war or emergency
29.—(1) This Article applies to any period when—
(a)New Granada is at war; or
(b)there is in force a proclamation (in this Article referred to as a “proclamation of emergency”) made by the Governor-General and published in the Gazette declaring that a state of public emergency exists for the purposes of this Article.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of Article 19, any provision of Article 20 other than paragraph (4) therefor, or any provision of Articles 21 to 26 (inclusive) of this Constitution to the extent that the law in question makes in relation to any period to which this Article applies provisions, or authorises the doing during any such period of anything, which is reasonably justifiable in the circumstances of any situation or existing during that period for the purpose of dealing with that situation.
(3) Where any proclamation of emergency has been made, copies thereof shall as soon as practicable be laid before both Houses of Parliament, and if for any cause those Houses are not due to meet within five days the Governor-General shall, by proclamation published in the Gazette, summon them to meet within five days and they shall accordingly meet and sit upon the day appointed by the proclamation and shall continue to sit and act as if they had stood adjourned or prorogued to that day;
Provided that if the proclamation of emergency is made during the period between a dissolution of Parliament and the next ensuing general election—
(a)the Houses to be summoned as aforesaid shall be the Houses referred to in Article 66 of this Constitution unless the Governor-General is satisfied that it will be practicable to hold that election within seven days of the making of the proclamation of emergency; and
(b)if the Governor-General is so satisfied, he shall (instead of summoning the Houses so referred to meet within five days of the making of the Proclamation) summons the Houses of the new Parliament to meet as soon as practicable after the Holding of that election.
(4) A proclamation of emergency shall, unless it is sooner revoked by the Governor-General, cease to be in force at the expiration of a period of fourteen days beginning on the date on which it was made or such longer period as may be provided under paragraph (5) of this Article, but without prejudice to the making of another proclamation of emergency at or before the end of that period.
(5) If at any time while a proclamation of emergency is in force (including any time while it is in force by virtue of the provisions of this paragraph) a resolution is passed by each House of Parliament approving its continuance in force for a further period, not exceeding six months, beginning on the date on which it would otherwise expire, the proclamation shall, if not sooner revoked, continue in force for that further period.
Saving of existing law
30.—(1) Subject to paragraph (3) of this Article, nothing contained in or done under the authority of any written law shall be held to be inconsistent with or in contravention of any provision of Articles 16 to 27 (inclusive) of this Constitution to the extent that the law in question—
(a)is a law (in this Article referred to as “an existing law”) that was enacted or made before 1st March 1971 and has continued to be part of the law of New Granada at all times since that day;
(b)repeals and re-enacts an existing law without alteration; or
(c)alters an existing law and does not thereby render that law inconsistent with any provision of the said Articles 16 to 27 (inclusive) in a manner in which, or to an extent to which, it was not previously so inconsistent.
(2) In sub-paragraph (1)(c) of this Article the reference to altering an existing law includes references to repealing it and re-enacting it with modifications or making different provisions in lieu thereof, and to modifying it; and in paragraph (1) of this Article “written law” includes any instrument having the force of law and in this paragraph and the said paragraph (1) references to the repeal and re-enactment of an existing law shall be construed accordingly.
(3) This Article does not apply to any regulation or other instrument having legislative effect made, or to any executive act done, after 28th February 1971 under the authority of any such law as is mentioned in paragraph (1) of this Article.
Interpretation
31.—(1) In this Chapter—
“contravention”, in relation to any requirement, includes a failure to comply with that requirement; and cognate expressions shall be construed accordingly; “court” means any court of law having jurisdiction in New Granada other than a court established by a disciplinary law, and includes the Judicial Committee of Her Majesty's Privy Council or any court substituted therefore by any law made under Article 105 of this Constitution and— (a)In Article 16, Article 18, Article 19, paragraphs (2), (3), (5), (8), (9) and (10) of Article 20, Article 26 and paragraph (3) of Article 28 of this Constitution includes, in relation to an offence against a disciplinary law, a court established by such a law; and (b)In Article 18, Article 19 and paragraph (3) of Article 28 of this Constitution includes, in relation to an offence against a disciplinary law, any person or authority empowered to exercise jurisdiction in respect of that offence; “disciplinary law” means a law regulating the discipline of any disciplined force; “disciplined force” means— (a)a naval, military or air force; (b)the Police Force of New Granada; (c)the Prison Service of New Granada; or (d)any other force or service specified by Act of Parliament to be a disciplined force for the purposes of this Chapter; “legal representative” means a person entitled to practice in New Granada as Counsel and Attorney of the Supreme Court; “member” in relation to a disciplined force includes any person who, under the law regulating the discipline of that force, is subject to that discipline. (2) Any reference in Articles 16, 19, 25 and 27 of this Constitution to a criminal offence shall be construed as including an offence against disciplinary law, and any such reference in paragraphs (2) to (7) (inclusive) of Article 20 of this Constitution shall, in relation to proceedings before a court constituted by or under disciplinary law, be construed in the same manner.
(3) In relation to any person who is a member of a disciplined force raised under a law of any country other than New Granada and lawfully present in New Granada, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent, with or in contravention of any of the provisions of this Chapter.
CHAPTER IV. THE EXECUTIVE
[edit]The Executive | ||
The President | ||
| The Office of President. | 30. |
|
| Qualifications for election as President. | 31. |
|
| Disqualifications for election as President. | 32. |
|
33. Election of President
[edit](1) The President shall be elected in such manner as is prescribed by this Article and, subject thereto, by or under an Act of Parliament.
(2) A Presidential election shall be held whenever— (a) the term of the President expires; or (b) the office of President becomes vacant in circumstances in which there is no Vice-President or the Vice-President is, by reason of physical or mental infirmity unable to perform the functions of his office.
(3) Nominations in the Presidential election shall be delivered to the returning officer on such day and at such time as may be prescribed by or under an Act of Parliament; the nomination of a candidate in a Presidential election of a shall not be valid unless it is supported, in such manner as may be prescribed by or under an Act of Parliament, by not less than 50000 persons registered as voters for the purpose of Presidential elections.
(4) For the purpose of an election to the office of President, the whole of New Granada shall be regarded as one constituency.
(5) A poll shall be taken for the election of a President, and in that poll the votes shall be—
(a) where only one Presidential candidate is validly nominated, either for that candidate (also referred to in this Article as "YES votes") or against him (also referred to in this Article as "NO votes"); and
(b) where more than one Presidential candidate is validly nominated, for each of the candidates so nominated.
(6) The returning officer shall declare to be elected as President any candidate for whom—
(a) where only one Presidential candidate is validly nominated, the number of YES votes is greater than the number of NO votes; or
(b) where more than one Presidential candidate is validly nominated, the number of votes is or exceeds half the total number of votes cast,
and if there is no such person the returning officer shall declare that no candidate has been elected.
(7) A fresh Presidential election shall be commenced and held in the manner prescribed by paragraphs (5) and (6) where more than Presidential candidate has been validly nominated and the returning officer has declared that no candidate has been elected, and in that election, the only candidates shall be— (a) the candidate, or the candidiates, who received the highest number of votes at the election; and (b) where only one candidiate received the highest number of votes at the election, the candidate, or the candidiates, who received the second-highest number of votes at the election.
(8) Where in a fresh Presidential election held under paragraph (7) the returning officer has again declared that no candidate has been elected, another fresh Presidential election shall be held as aforesaid.
(9) The time for nominating Presidential candidates shall be extended: (a) in the event of there being no qualified candidate nominated at the expiration of the time for the delivery of such nominations; or (b) in the event of there being only one qualified candidate nominated at the expiration of the time for the delivery of such nominations, by reason of the disqualification, withdrawal, incapacitation, disappearance or death of all other qualified candidates nominated.
(10) In this Article—
"Presidential candidate" means a candidate for the office of President;
"Presidential election" means the general election to elect a person to the office of President;
"the returning officer" means the returning officer specified in Article 38 of this Constitution.
34. Tenure of Office of President
[edit](1) The President shall, subject to the provisions of this Article, hold office for a term of four years.
(2) A person who assumed office as President on three successive occasions may not assume office as President on the next subsequent occasion.
(3) The President shall cease to hold office—
(a) when the person elected at the next Presidential election assumes office;
(b)if he resigns by writing under his hand addressed to the Chief Justice or, if the office of Chief Justice is vacant or the Chief Justice is absent from New Granada, to the most senior Justice of the Supreme Court available;
(c)if he ceases to be a citizen of New Granada;
(e)subject to the provisions of paragraph (2) of this Article, if any circumstances arise that, if he were not the President, would cause him to be disqualified for election as such by virtue of sub-paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of Article 48(1) of this Constitution; or
(f)if he becomes interested in any government contract:
Provided that— (i)if in the circumstances it appears to the Cabinet to be just to do so, the Cabinet may exempt any the President from ceasing to hold office under the provisions of this sub-paragraph, if the President, before becoming interested in such contract as aforesaid or as soon as practicable after becoming so interested, discloses to the Cabinet the nature of such contract and his interest therein;
(ii)if proceedings are taken under a law made under Article 51 of this Constitution to determine whether the President has ceased to hold office under the provisions of this sub-paragraph he shall be declared by the court not to have vacated his seat if he establishes to the satisfaction of the court that he, acting reasonably, was not aware that he was or had become interested in such contract; and
(iii)no proceedings under the preceding sub-paragraph shall be instituted by any person other than a member of the Cabinet.
(2) If circumstances such as are referred to in sub-paragraph (1)(e) of this Article arise because the President is under sentence of death or imprisonment, declared bankrupt, adjudged to be of unsound mind or convicted of an offence relating to elections and it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as the President but, subject to paragraph (3) of this Article, he shall not cease to hold office until the expiration of a period of thirty days thereafter:
Provided that the Prime Minister may, at the request of the President, from time to time extend that period for further periods of thirty days to enable the President 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 Cabinet.
(3) If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the President, 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 President to appeal, he shall forthwith cease to hold office.
(4) If at any time before the President ceases to hold office such circumstances as aforesaid cease to exist, he shall not cease to hold office on the expiration of the period referred to in paragraph (2) of this Article and he may resume the performance of his functions as President.
35. Removal of President on grounds of incapacity.
[edit](1) If the Cabinet resolves, upon a motion supported by the votes of a majority of all the members of the Cabinet, that the question of the mental or physical capacity of the President to discharge the functions of his office ought to be investigated and so informs the Chief Justice, the Chief Justice shall appoint a board consisting of not less than three persons selected by him from among persons who are qualified as medical practitioners under the law of New Granada or under the law of any other country in the Commonwealth, and the board shall inquire into the matter and shall make a report to the Chief Justice stating the opinion of the board whether or not the President is, by reason of any infirmity of body or mind, incapable of discharging the functions of his office.
(2) If the board reports that the President is incapable of discharging the functions of the office of President, the Chief Justice shall certify in writing accordingly and thereupon the President shall cease to hold office.
(3) Where the Cabinet resolves that the question of the mental or physical capacity of the President to discharge the functions of his office should be investigated the President shall, until another person assumes the office of President or the board appointed in pursuance of paragraph (1) of this Article reports that the President is not incapable of discharging the functions of his office (whichever is the earlier), cease to perform the functions of his office.
(4) A motion for the purposes of paragraph (1) of this Article may be proposed at any meeting of the Cabinet by any member thereof.
(5) For the purposes of this Article a certificate of the Chief Justice that the President or another person who performs the functions of the President is, by reason of physical or mental infirmity, unable to discharge the functions of his office shall, in respect of any period for which it is in force, be conclusive and shall not be questioned in any court.
36. Removal of President on grounds of violation of the Constitution or gross misconduct.
[edit](1) If notice in writing is given to the Speaker of the House of Representatives, signed by not less than one-third of all the members of the Assembly, of a motion alleging that the President has committed any violation of the Constitution or any gross misconduct and specifying the particulars of the allegations and proposing that a tribunal be established under this Article to investigate those allegations, the Speaker shall—
(a) if Parliament is then sitting or has been summoned to meet within five days, cause the motion to be considered by the House of Representatives within seven days of the notice; or
(b) if Parliament is not then sitting (and notwithstanding that it may be prorogued), summon the House of Representatives to meet within twenty-one days of the notice and cause the motion to be considered at that meeting.
(2) Where a motion under this Article is proposed for consideration by the House of Representatives, the House of Representatives shall not debate the motion but the person presiding in the House of Representatives shall forthwith cause a vote to be taken on the motion and, if the motion is supported by the votes of not less than two-thirds of all the members of the House of Representatives, shall declare the motion to be passed.
(3) If a motion is declared to be passed under paragraph (2) of this Article—
(a) the Chief Justice 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 high judicial office;
(b) the tribunal shall investigate the matter and shall report to the Senate whether they find the particulars of the allegations specified in the motion to have been substantiated;
(c) the President shall have the right to appear and be represented before the tribunal during its investigation of the allegations against him.
(4) If the tribunal report to the Senate that the tribunal finds that the particulars of any allegation against the President specified in the motion have not been substantiated no further proceedings shall be taken under this Article in respect of that allegation.
(5) If the tribunal report to the Senate that the tribunal finds that the particulars of any allegation specified in the motion have been substantiated the Senate may, on a motion supported by the votes of not less than three-quarters of all the Senators, resolve that the President has been guilty of such violation of the Constitution or, as the case may be, such gross misconduct as is incompatible with his continuance in office as President and, if the Senate so resolves, the President shall cease to hold office upon the third day following the passage of the resolution.
37. Vacancy in office of President
[edit](1) Whenever the President dies, resigns or ceases to hold office, the Vice-President shall assume office as President for the remainder of the vacating President's term with effect from the date of the death, resignation or cessation to hold office.
38. Discharge of functions of President during absence, illness, etc.
[edit](1) Whenever the President is absent from New Granada or is incapable by reason of illness or any other cause to discharging the functions of his office—
(a)the Vice-President; or
(b)at any time when there is no Vice-President or the Vice-President is absent from New Granada or is, by reason of physical or mental infirmity, unable to perform the functions of his office, the Prime Minister; or
(c)at any time referred to in sub-paragraph (b) of this paragraph when there is no Prime Minister or the Prime Minister is absent from New Granada or is, by reason of physical or mental infirmity, unable to perform the functions of his office, the President of the Senate; or
(d)at any time referred to in sub-paragraph (c) of this paragraph when there is no President of the Senate or the President of the Senate is absent from New Granada or is, by reason of physical or mental infirmity, unable to perform the functions of his office, the Speaker of the House of Representatives;
(e)at any time referred to in sub-paragraph (d) of this paragraph when there is no Speaker of the House of Representatives or the Speaker of the House of Representatives is absent from New Granada or is, by reason of physical or mental infirmity, unable to perform the functions of his office, such other officer or officers as may be prescribed by Parliament,
shall perform the functions of the office of President
(2) A person performing the functions of the office of President under this Article shall not exercise the power of the President to revoke the appointment of the Vice-President or to dissolve Parliament.
(3) A person performing the functions of the office of President under this Article shall cease to perform those functions if he is notified by the President that the President is about to resume those functions.
(4) For the purposes of this Article, a certificate of the Chief Justice that the Vice-President, Prime Minister, President of the Senate or Speaker of the House of Representatives is by reason of physical or mental infirmity unable to discharge the functions of his office, shall, in respect of any period for which it is in force, be conclusive and shall not be questioned in any court.
39. Oaths to be taken by President
[edit]A person assuming the office of President shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and an oath for the due execution of the office of President in such form as is prescribed by any law in force in New Granada, such oaths being administered by the Chief Justice or such other Justice of the Supreme Court as may be designated by the Chief Justice.
40. Personal staff of President
[edit](1) Parliament may prescribe the offices that are to constitute the personal staff of the President, the salaries and allowances that are to be paid to the members of the staff and the other sums that are to be paid in respect of the expenditure attaching to the office of President.
(2) Any salaries or other sums prescribed under paragraph (1) of this Article are hereby charged on and shall be paid out of the Consolidated Fund.
(3) Subject to the provisions of paragraph (4) of this Article, power to make appointments to the offices for the time being prescribed under paragraph (1) of this Article as offices that are to constitute the personal staff of the President, and to remove and to exercise disciplinary control over persons holding or acting in any such office, is hereby vested in the President acting in accordance with his own deliberate judgment.
(4) The President, acting in accordance with his own deliberate judgment, may appoint to any of the offices prescribed under paragraph (1) of this Article such public officers as he may select from a list submitted by the Public Service Commission, but—
(a)the provisions of paragraph (3) of this Article shall apply in relation to an officer so appointed as respects his service on the personal staff of the President but not as respects his service as a public officer;
(b)an officer so appointed shall not, during continuance on the personal staff of the President, perform the functions of any public office; and
(c)an officer so appointed may at any time be appointed by the President, if the Public Service Commission so recommend, to assume or resume the functions of a public office and he shall thereupon vacate his office on the personal staff of the President, but the President may, in his own deliberate judgment, decline to release the officer for that appointment.
(5) All offices prescribed under paragraph (1) of this Article as offices that are to constitute the personal staff of the President shall, for the purposes of Chapter VIII, be deemed to be public offices.
41. Public Seal
[edit]The President shall keep and use the Public Seal for sealing all things that shall pass the Public Seal.
42. Returning officer at elections of President
[edit](1) The Chief Justice shall be the returning officer for the purposes of elections to the office of President and endorsements of appointments to the office of Vice-President.
(2) Any question which may arise as to whether—
(a) any provision of this Constitution or any law relating to the election of a President under Article 33 of this Constitution or to the endorsement of an appointment to the office of Vice-President under Article 43 of this Constitution has been complied with; or
(b) any person has been validly elected as President under Article 33 of this Constitution,
shall be referred to and determined by the returning officer whose decision shall not be questioned in any court.
43. Vice-President
[edit](1) There shall be a Vice-President who shall be appointed by the President from among persons who are qualified to be elected as President, which appointment shall, except an appointment under paragraph (3), be endorsed in such manner as is prescribed by paragraph (4) and, subject thereto, by or under an Act of Parliament.
(2) The Vice-President shall continue in office until a person elected at the next Presidential election assumes office:
Provided that the office of Vice-President shall become vacant—
(i) if the appointment of the holder of the office is revoked by the President; or
(ii) if any circumstances arise that would, if the holder of the office held the office of President, cause him to cease to so hold office.
(3) Whenever a Presidential Election is held, the Vice-President shall be first appointed as follows—
(a) a person nominated as a Presidential candidate shall, at the time of his nomination and subject to the provisions of sub-paragraph (b), declare in such manner as may be prescribed by or under an Act of Parliament the name of a person who is qualified to be elected as President to be appointed as Vice-President, and the nomination of a Presidential candidate shall not be valid unless the nomination paper contains such a declaration;
(b) such a declaration shall not be made in relation to any person unless that person has signified, in such manner as may be prescribed by or under an Act of Parliament, his consent to the making of a declaration in his favour by that Presidential candidate;
(d) the President shall appoint as Vice-President the person named by him in accordance with sub-paragraph (a) above.
(4) Whenever the appointment of the Vice-President is required to be endorsed under paragraph (1), a poll shall be taken for the election of a President, and in that poll the votes shall be either for the person whose appointment is so endorsed (also referred to in this paragraph as "YES votes") or against him (also referred to in this paragraph as "NO votes"), and the returning officer specified in Article 42 of this Constitution shall declare to have the appointment of that person as Vice-President endorsed if the number of YES votes is greater than the number of NO votes.
(5) The Vice-President shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by Parliament.
(6) If the Vice-President is absent from New Granada or is incapable by reason of illness or any other cause of discharging the functions of his office, the President may appoint a person, from among persons who are qualified to be elected as President, to perform the functions of the office of Vice-President and any person so appointed may discharge those functions accordingly:
Provided that a person appointed under this subsection shall cease to perform the functions of the office of Vice-President—
(i) if his appointment is revoked by the President;
(ii) if any circumstances arise that would, if he held the office of President, cause him to cease to so hold office;
(iii) upon the assumption by any person of the office of President; or
(iv) upon the President giving him notice that the Vice-President is about to resume his functions.
(7) Where the Vice-President is performing the functions of the office of President in accordance with Article 38 of this Constitution he may appoint a person, from among persons who are qualified to be elected as President, to perform the functions of the office of Vice-President and any person so appointed may discharge those functions accordingly:
Provided that a person appointed under this subsection shall cease to perform the functions of the office of Vice-President—
(i) if his appointment is revoked by the Vice-President;
(ii) if any circumstances arise that would, if he held the office of President, cause him to cease to so hold office; or
(iii) if the Vice-President ceases to perform the functions of the office of President.
PART 2 The Cabinet
[edit]46. The Prime Minister
[edit](1) There shall be a Prime Minister of New Granada who shall be appointed by the President from among the Members of the House of Representatives in such manner as is prescribed in paragraph (2):
Provided that if occasion arises for making an appointment to the office of Prime Minister while Parliament is dissolved, a person who was a member of the House of Representatives immediately before the dissolution may, notwithstanding any provision to the contrary in paragraph (2), be appointed as Prime Minister.
(2) Whenever there shall be occasion for the appointment of a Prime Minister, the President shall appoint as Prime Minister the member of the House of Representatives who, after consultation with such members of the House of Representatives as appear to the President, acting in his discretion, to be leaders of parties in the House of Representatives, is deemed most likely to command the support of the majority of members of that House.
(3) The Prime Minister shall continue in office until a person elected at the next Presidential election assumes office:
Provided that the office of Prime Minister shall become vacant—
(a) if the appointment of the holder of the office is revoked by the President; or
(b) if the holder of the office ceases to be a member of the House of Representatives for any other reason than a dissolution of Parliament.
(4) The Prime Minister shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by Parliament.
(5) If at any time the Prime Minister is required under the provisions of paragraphs (2), (3) and (4) of Article 49 of this Constitution to cease to perform his functions as a member of the House of Representatives, he shall case during such time to perform any of his functions as Prime Minister.
47. The Ministers
[edit](1) There shall be such offices of Minister of the Government (not exceeding thirty or such other number as Parliament may from time to time provide) as may be established by Parliament or, subject to the provisions of any Act of Parliament, by the President.
(2) Appointments to the office of Minister shall be made by the President, acting after consultation with the Prime Minister, from among the Senators and the members of the House of Representatives and from among persons who are qualified to be elected as Senators or members of the House of Representatives.
(3) The office of any Minister shall become vacant—
(a) if the holder of the office ceases to be qualified to be appointed as Minister;
(b) if the holder of the office is removed from office by the President, acting after consultation with the Prime Minister; or
(c) upon the assumption by any person of the office of President.
(4) If at any time a Minister other than the Prime Minister is required under the provisions of paragraphs (3), (4) and (5) of Article 43 or paragraphs (2), (3) and (4) of Article 49 of this Constitution to cease to perform his functions as a member of the House to which he belongs or, if that Minister is not a member of either House of Parliament he would have been required under the provisions of paragraphs (2), (3) and (4) of Article 49 of this Constitution to cease to perform his functions as a member of the House of Representatives had he been a member of that House, he shall cease during such time to perform any of his functions as a Minister.
48. Assistant Ministers
[edit](1) The President, acting after consultation with the Prime Minister, may appoint Assistant Ministers from among the Senators and the members of the House of Representatives to assist Ministers in the Performance of their duties:
Provided that, if occasion arises for making an appointment while Parliament is dissolved, a person who was a Senator or a member of the House of Representatives immediately before the dissolution may be appointed as an Assistant Minister.
(2) The office of an Assistant Minister shall become vacant—
(a)if for any reason other than a dissolution of Parliament he ceases to be a member of the House from among the members of which he was appointed;
(b) if the holder of the office is removed from office by the President, acting after consultation with the Prime Minister; or
(c) upon the assumption by any person of the office of President.
49. Performance of functions of Prime Minister during absence, illness or suspension
[edit]50. Temporary Ministers
[edit]51. Cabinet
[edit]52. Leader of the Opposition
[edit](1) There shall be a Leader of the Opposition who shall be appointed by the President from among the Members of the House of Representatives in such manner as is prescribed in paragraph (2):
Provided that if occasion arises for making an appointment to the office of Leader of the Opposition while Parliament is dissolved, a person who was a member of the House of Representatives immediately before the dissolution may, notwithstanding any provision to the contrary in paragraph (2), be appointed as Leader of the Opposition.
(2) Whenever there shall be occasion for the appointment of a Leader of the Opposition, the President shall appoint as Leader of the Opposition the member of the House of Representatives who, after consultation with such members of the House of Representatives as appear to the President, acting in his discretion, to be leaders of parties in the House of Representatives, is deemed best able to command the support of the majority of the members of the House in opposition to the Government; or if there is no such person, the member of the House who, after such consultation, is deemed to command the support of the largest single group of members in opposition to the Government who are prepared to support one leader.
(3) The Leader of the Opposition shall continue in office until a person elected at the next Presidential election assumes office:
Provided that the office of Leader of the Opposition shall become vacant—
(a) if the appointment of the holder of the office is revoked by the President; or
(b) if the holder of the office ceases to be a member of the House of Representatives for any other reason than a dissolution of Parliament.
(4) If at any time the Leader of the Opposition is required under the provisions of paragraphs (2), (3) and (4) of Article 49 of this Constitution to cease to perform his functions as a member of the House of Representatives, he shall case during such time to perform any of his functions as Leader of the Opposition.
53. Oaths to be taken by Ministers, etc
[edit]54. Leave of absence for Ministers, etc
[edit]55. Secretary to the Cabinet
[edit]56. Functions of President
[edit](1) The executive power of New Granada shall vest in the President and, subject to the provisions of this Constitution, shall be exercised by him either directly or through officers subordinate to him. (2) In the exercise of any function conferred upon him by this Constitution or any other law the President shall, unless it is otherwise provided, act in his own deliberate judgment and shall not be obliged to follow the advice tendered by any other person or authority. (3) The President shall, in particular, be responsible for the Foreign Affairs, Defense and Internal Security of New Granada. (4) The supreme command of the armed forces of the Republic shall vest in the President and he shall hold the office of Commander in Chief. (5) The powers conferred on the President by paragraph (4) shall include—
(a) the power to determine the operational use of the armed forces;
(b) the power to appoint members of the armed forces, to make appointments on promotion to any office in the armed forces and to dismiss any member of the armed forces.
(6) The President may, by directions in writing and subject to such conditions as he may think fit, delegate to any member of the armed forces any of the powers mentioned in paragraph (5).
(7) Parliament may regulate the exercise of the powers conferred by or under paragraphs (4), (5) and (6) of this Article, and nothing in this Article shall prevent Parliament from conferring functions on persons or authorities other than the President.
57. Functions of Vice-President
[edit]The Vice-President shall be the principal assistant of the President in the discharge of his executive functions and shall be responsible, under the directions of the President, for such business of the government of New Granada (including the administration of any department of Government) as the President may assign to him.
58. Functions of Prime Minister
[edit]The Prime Minister shall be the principal Minister and leader of Government business in the House of Representatives and shall be responsible, under the directions of the President, for such business of the government of New Granada (including the administration of any department of Government) as the President may assign to him.
59. Functions of Cabinet Ministers and Assistant Ministers
[edit]60. Summoning of and presiding in Cabinet
[edit]61. Summoning of persons to Cabinet
[edit]62. Quorum
[edit]63. Attorney-General
[edit]64. Functions of Attorney-General
[edit]65. Permanent Secretaries
[edit]66. Prerogative of Mercy
[edit]67. Advisory Committee on Prerogative of Mercy
[edit]68. Functions of Advisory Committee on Prerogative of Mercy
[edit]69. Constitution of offices
[edit]70. Delegation of executive authority of Central Government
[edit](1) The President may, with the consent of the Governor of a Region, entrust either conditionally or unconditionally to the Governor or to any officer or authority of that Region functions in relation to any matter to which the executive authority of the Central Government extends falling to be performed within that Region. (2) An Act of Parliament may include provision conferring powers or imposing duties, or authorising the conferring of powers or the imposition of duties, upon the Governor of a Region or any officer or authority of a Region: Provided that, no provision made in pursuance of this paragraph shall have effect in relation to any Region unless the Governor has consented to its having effect.
71. Delegation of executive authority of Region
[edit](1) The Governor of a Region may, with the consent of the President, entrust either conditionally or unconditionally to the President or to any officer or authority of the Central Government functions in relation to any matter to which the executive authority of the Region extends. (2) A law enacted by the legislature of a Region may include provision conferring powers or imposing duties, or authorising the conferring of powers or the imposition of duties, upon the President or any officer or authority of the Central Government: Provided that no provision made in pursuance of this paragraph shall have effect unless the President has consented to its having effect.
CHAPTER V. PARLIAMENT
[edit]PART 1 Composition of Parliament
Establishment of Parliament
38. There shall be a Parliament of New Granada which shall consist of the President, a Senate and a House of Representatives.
PART 2 The Senate
Composition of Senate
39.—(1) The Senate shall consist of fifty-two members (in this Constitution referred to as “Senators”) or such greater number of members, being half the number of members of the House of Representatives, as may be specified by an Order made by the Governor-General in accordance with the provisions of Article 70 of this Constitution.
(2) The Senators shall be persons who, being qualified for election as Senators in accordance with the provisions of this Constitution, have been so elected in the manner provided by Article 40 and, subject thereto, by any law in force in New Granada.
40. Election of Senators
[edit](1) For the purpose of a Senate election, the whole of New Granada shall be regarded as one constituency.
(2) A poll shall be taken for the election of Senators, and in that poll the votes shall be for—
(a) a registered political party which has submitted a Senate list, or;
(b) an individual candidate in a Senate list submitted by a registered political party.
(3) For each registered political party which has submitted a Senate list, the distribution figure is—
(a) before any seat is allocated to that party, the total number of Senate votes given for that party, and for every individual candidate in the Senate list of that party; and
(b) where a seat is allocated to that party, the number obtained by dividing total number of Senate votes given for that party, or for an individual candidate in the Senate list of that party, by the aggregate of one and the number of seat (or seats) then allocated to that party.
(c) Each time a seat is allocated to a party under paragraph (4), the distribution figures for all parties shall be recalculated in accordance with sub-paragraphs (a) or (b), as the case may be.
(4) The following provisions shall then apply—
(a) The first Senate seat shall be allocated to the registered political party with the highest distribution figure; and
(b) The second and subsequent Senate seats shall be allocated to the registered political party with the highest distribution figure, after any recalculation required by sub-paragraph (3)(c) has been carried out.
(5) Senate Seats which are allocated to a registered political party shall be filled as follows—
(a) The first Senate seat allocated to that party shall be filled by the person with the highest number of votes given for him as an individual candidate;
(b) The second and subsequent Senate seats allocated to that party shall be filled by the person with the highest number of votes given for him as an individual candidate, other than a person already returned as a Senator;
(c) Where (on the application of sub-paragraph (a) or any application of sub-paragraph (b)) two or more persons have the highest number of votes given for them as individual candidates, the seats shall be filled by those persons in the order in which they appear in the list.
(6) For the purposes of this Article and Article 10, a person in a registered political party’s Senate list who is returned as a Senator shall be treated as ceasing to be in the list (even if his return is void).
(7) Once a party’s Senate list has been exhausted (by the return of persons included in it as Senators or by the previous application of sub-paragraphs (4)(a) or (4)(b)) the party shall be disregarded.
(8) If (on the application of sub-paragraph (4)(a) or any application of sub-paragraph (4)(b)) the highest distribution figure is the distribution figure of two or more parties, (a) the sub-paragraph in question shall apply to each of them; or (b) if sub-paragraph (a) would result in more seats being allocated than the total number of Senators, the subsection in question shall apply as if the distribution figure for each of those parties or candidates had been adjusted by adding votes equal in number to the number of votes given for the person who would have been first returned as a Senator as an individual candidate, to the total number of votes given for that party, and for every individual candidate in the Senate list of that party, and recalculating the regional figure accordingly.
Qualifications for appointment as Senator
41. Subject to the provisions of Article 42 of this Constitution, a person shall be qualified to be appointed as a Senator if, and shall not be qualified to be so appointed unless, he is a citizen of New Granada, of the age of twenty-five years or upwards and has ordinarily resided in New Granada for a period of not less than one year immediately before the date of his appointment.
Disqualifications for appointment as Senator
42.—(1) No person shall be qualified to be appointed as a Senator who—
(a)is a citizen of a country other than New Granada having become such a citizen voluntarily;
(b)is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;
(c)is disqualified for membership of the Senate by any law in force in New Granada enacted in pursuance of paragraph (2) of this Article;
(d)has been adjudged or otherwise declared bankrupt under any law in force in New Granada and has not been discharged;
(e)is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in New Granada;
(f)is under sentence of death imposed on him by a court in New Granada, or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;
(g)is disqualified for membership of the Senate by any law in force in New Granada by reason of his holding, or acting in, any office the functions of which involve—
(i)any responsibility for, or in connection with, the conduct of any election; or
(ii)any responsibility for the compilation or revision of any electoral register;
(h)is disqualified for membership of the Senate by virtue of any law in force in New Granada by reason of his having been convicted of any offence relating to elections;
(i)is a member of the House of Representatives; or
(j)is interested in any government contract and has not disclosed the nature of such contract and of his interest therein by publishing a notice in the Gazette within one month before the day of election.
(2) Parliament may by law provide that, subject to such exceptions and limitations (if any) as may be prescribed therein, a person shall be disqualified for membership of the Senate by virtue of—
(a)his holding or acting in any office or appointment specified (either individually or by reference to a class of office or appointment) by such law;
(b)his belonging to any armed force of New Granada or to any class of person so specified that is comprised in any such force; or
(c)his belonging to any police force of New Granada or to any class of person so specified that is comprised in any such force.
(3) For the purposes of sub-paragraph (1)(f) of this Article—
(a)two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those 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.
Tenure of office of Senators
43.—(1) The seat of a Senator shall became vacant—
(a)upon the next dissolution of Parliament after he has been appointed;
(b)if he resigns by writing under his hand addressed to the President of the Senate, or, if the office of President is vacant or the President is absent from New Granada, to the Vice-President;
(c)if, with his consent, he is nominated as a candidate for election as President or to the House of Representatives;
(d)if he is absent from New Granada for a period exceeding forty days at any time when the Senate is sitting, without the leave of the President given in accordance with the provisions of paragraph (2) of this Article;
(e)if he ceases to be a citizen of New Granada;
(f)subject to the provisions of paragraph (3) of this Article, if any circumstances arise that, if he were not a Senator, would cause him to be disqualified for appointment as such by virtue of sub-paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of Article 42(1) of this Constitution or of any law enacted in pursuance of Article 42(2) of this Constitution;
(g)if he becomes interested in any government contract:
Provided that— (i)if in the circumstances it appears to the Senate to be just so to do, the Senate may exempt any Senator from vacating his seat under the provisions of this sub-paragraph, if that Senator, before becoming interested in such contract as aforesaid or as soon as practicable after becoming so interested, discloses to the Senate the nature of such contract and his interest therein;
(ii)if proceedings are taken under a law made under Article 45 of this Constitution to determine whether a Senator has vacated his seat under the provisions of this sub-paragraph he shall be declared by the court not to have vacated his seat if he establishes to the satisfaction of the court that he, acting reasonably, was not aware that he was or had become interested in such contract; and
(iii)no proceedings under the preceding sub-paragraph shall be instituted by any person other than a Senator or Member of the House of Representatives.
(2) The President of the Senate may grant leave to any Senator to be absent from New Granada for any period not exceeding six months at any one time.
(3) If the circumstances such as are referred to in sub-paragraph (1)(e) of this Article arise because a Senator is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of a corrupt or illegal practice at elections and if it is open to the Senator to appeal against the decision (either with the leave of a court of other authority or without such leave), he shall forthwith cease to perform his functions as a senator but, subject to paragraph (4) of this Article, he shall not vacate his seat until the expiration of a period of thirty days thereafter;
Provided that the President of the Senate may, at the request of the said Senator, from time to time extend that period for further periods of thirty days to enable the Senator to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the Senate.
(4) If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the Senator, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the Senator to appeal, he shall forthwith vacate his seat.
(5) If at any time before the Senator vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (3) of this Article and he may resume the performance of his functions as a Senator.
President and Vice-President
44.—(1) When the Senate first meets after this Constitution comes into operation or after any general election and before it proceeds to the despatch of any other business, the Senate shall, in accordance with such procedure as may be prescribed by the rules of procedure of the Senate, elect a Senator to be President of the Senate; and, if the office of President falls vacant at any time, the Senate shall, as soon as practicable, proceed in like manner to fill the vacant office.
(2) When the Senate first meets after this Constitution comes into operation or after any general election and before it proceeds to the despatch of any other business except the election of the President, it shall elect a Senator to be Vice-President of the Senate; and if the office of Vice-President falls vacant at any time, the Senate shall, as soon as practicable, elect a Senator to that office.
(3) The Senate shall not elect a Senator who is a Minister or Parliamentary Secretary to be the President or Vice-President of the Senate.
(4) A person shall vacate the office of President or Vice-President of the Senate—
(a)if he ceases to be a Senator;
(b)if he is appointed to be a Minister or Parliamentary Secretary;
(c)if he announces the resignation of his office to the Senate or if, by writing under his hand addressed, in the case of the President, to the Clerk of the Senate and, in the case of the Vice-President, to the President (or, if the office of President is vacant or the President is absent from New Granada, to the Clerk), he resigns that office; or
(d)in the case of the Vice-President, if he is elected to be President.
(5) If, by virtue of Article 43(3) of this Constitution, the President or Vice-President is required to cease to perform his functions as a Senator he shall also cease to perform his functions as President or Vice-President, as the case may be, and those functions shall, until he vacates his seat in the Senate or resumes the performance of the functions of his office, be performed—
(a)in the case of the President, by the Vice-President or, if the office of Vice-President is vacant or the Vice-President is required to cease to perform his functions as a Senator by virtue of Article 43(3) of this Constitution, by such Senator (not being a Minister or Parliamentary Secretary) as the Senate may elect for the purpose;
(b)in the case of the Vice-President, by such Senator (not being a Minister or Parliamentary Secretary) as the Senate may elect for the purpose.
(6) If the President or Vice-President resumes the performance of his functions as a Senator in accordance with the provisions of Article 43(5) of this Constitution, he shall also resume the performance of his functions as President or Vice-President, as the case may be.
Determination of questions as to membership
45.—(1) The Supreme Court shall have jurisdiction to hear and determine any question whether—
(a)any person has been validly appointed as a Senator; or
(b)any Senator has vacated his seat or is required under Article 43(3) of this Constitution to cease to perform his functions as a Senator.
(2) Subject to the following provisions of this Article and to the provisions of Article 43(1) of this Constitution, Parliament may by law make provision with respect to—
(a)the institution of proceedings for the determination of any question referred to in paragraph (1) of this Article; and
(b)the powers, practice and procedure of the Supreme Court in relation to any such proceedings.
(3) Proceedings for the determination of any question referred to in paragraph (1) of this Article shall not be instituted except with the leave of a Justice of the Supreme Court.
(4) No appeal shall lie from the decision of a Justice of the Supreme Court granting or refusing leave to institute proceedings in accordance with paragraph (3) of this Article.
PART 3 House of Representatives
Composition of House of Representatives
46.—(1) The House of Representatives shall consist of one hundred and four members or such greater number of members as may be specified by an Order made by the Governor-General in accordance with the provisions of Article 70 of this Constitution.
(2) The members of the House shall be known as “Representatives” and shall be persons who, being qualified for election as Representatives in accordance with the provisions of this Constitution, have been so elected in the manner provided by Article 81 and, subject thereto, by any law in force in New Granada.
46.1. Election of members of House of Representatives
[edit](1) Nominations in the Parliamentary election for a given constituency shall be delivered to the returning officer of that constituency on such day and at such time as may be prescribed by or under an Act of Parliament; the nomination of a candidate in a Parliamentary election for a given constituency shall not be valid unless it is supported, in such manner as may be prescribed by or under an Act of Parliament, by not less than 1000 persons, or 20% of all persons (whichever is lesser) registered as voters for the purpose of Parliamentary elections in that constituency.
(2) A poll shall be taken in each constituency for the election of a member of the House of Representatives for that constituency, and in that poll the votes shall be—
(a) where only one candidate is validly nominated for that constituency, either for that candidate (also referred to in this Article as "YES votes") or against him (also referred to in this Article as "NO votes"); and
(b) where more than one candidate is validly nominated for that constituency, for each of the candidates so nominated.
(3) The returning officer for a given constituency shall declare to be elected as member of the House of Representatives for that constituency any candidate for whom—
(a) where only one candidate is validly nominated, the number of YES votes is greater than the number of NO votes; or
(b) where more than one candidate is validly nominated, the number of votes is the highest number of votes cast,
and if there is no such person the returning officer shall declare that no candidate has been elected.
(4) A fresh Parliamentary election shall be commenced and held in the manner prescribed by paragraphs (2) and (3) where more than candidate has been validly nominated for a constituency and more than one candidate received the highest number of votes in that constituency, and in that election, the only candidates shall be the candidates who received the highest number of votes at the election in that constituency:
Provided that polls for the fresh election shall be taken only in that constituency, or those constituencies, in which more than one candidate received the highest number of votes.
(5) Where in a fresh Parliamentary election held under paragraph (4) more than candidate has again received the highest number of votes, another fresh Parliamentary election shall be held as aforesaid.
(6) In this Article, "the returning officer" means the returning officer specified in Article 38 of this Constitution.
Qualifications for membership of House of Representatives
47. Subject to the provisions of Article 48 of this Constitution, a person shall be qualified to be elected as a Representative if, and shall not be qualified to be so elected unless, he—
(a)is a citizen of New Granada of the age of twenty-one years or upwards; and
(b)has ordinarily resided in New Granada for a period of not less than one year immediately before the date of his nomination for election.
Disqualifications for election as members of House of Representatives
48.—(1) No person shall be qualified to be elected as a Representative who—
(a)is a citizen of a country other than New Granada having become such a citizen voluntarily;
(b)is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state;
(c)is disqualified for membership of the House of Representatives by any law enacted in pursuance of paragraph (2) of this Article;
(d)has been adjudged or otherwise declared bankrupt under any law in force in New Granada and has not been discharged;
(e)is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in New Granada;
(f)is under sentence of death imposed on him by a court in New Granada, or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;
(g)is disqualified for membership of the House of Representatives by any law in force in New Granada by reason of his holding, or acting in, any office the functions of which involve—
(i)any responsibility for, or in connection with, the conduct of any election; or
(ii)any responsibility for the compilation or revision of any electoral register;
(h)is disqualified for membership of the House of Representatives by virtue of any law in force in New Granada by reason of his having been convicted of any offence relating to elections;
(i)is a Senator; or
(j)is interested in any government contract and has not disclosed the nature of such contract and of his interest therein by publishing a notice in the Gazette within one month before the day of election.
(2) Parliament may by law provide that, subject to such exceptions and limitations (if any) as may be prescribed therein, a person shall be disqualified for membership of the House of Representatives by virtue of—
(a)his holding or acting in any office or appointment specified (either individually or by reference to a class of office or appointment) by such law;
(b)his belonging to any armed force of New Granada or to any class of person so specified that is comprised in any such force; or
(c)his belonging to any police force or to any class of person that is comprised in any such force.
(3) For the purposes of sub-paragraph (1)(f) of this Article—
(a)two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those 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.
Tenure of office of members of House of Representatives
49.—(1) Every member of the House of Representatives shall vacate his seat in the House—
(a)upon a dissolution of Parliament;
(b)if he resigns it by writing under his hand addressed to the Speaker or, if the office of Speaker is vacant or the Speaker is absent from New Granada, to the Deputy Speaker;
(c)if, with his consent, he is nominated as a candidate for election as President or to the House of Representatives;
(d)if he is absent from the sittings of the House for such period and in such circumstances as may be prescribed in the rules of procedure of the House;
(e)if he ceases to be a citizen of New Granada;
(f)subject to the provisions of paragraph (2) of this Article, if any circumstances arise that, if he were not a member of the House, would cause him to be disqualified for election as such by virtue of sub-paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of Article 48(1) of this Constitution; or
(g)if he becomes interested in any government contract:
Provided that— (i)if in the circumstances it appears to the House of Representatives to be just to do so, the House of Representatives may exempt any member of the House from vacating his seat under the provisions of this sub-paragraph, if that member, before becoming interested in such contract as aforesaid or as soon as practicable after becoming so interested, discloses to the House the nature of such contract and his interest therein;
(ii)if proceedings are taken under a law made under Article 51 of this Constitution to determine whether a member of the House has vacated his seat under the provisions of this sub-paragraph he shall be declared by the court not to have vacated his seat if he establishes to the satisfaction of the court that he, acting reasonably, was not aware that he was or had become interested in such contract; and
(iii)no proceedings under the preceding sub-paragraph shall be instituted by any person other than a Senator or member of the House of Representatives.
(2) If circumstances such as are referred to in sub-paragraph (1)(e) of this Article arise because any member of the House is under sentence of death or imprisonment, declared bankrupt, adjudged to be of unsound mind or convicted of an offence relating to elections and it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a member of the House but, subject to paragraph (3) of this Article, he shall not vacate his seat until the expiration of a period of thirty days thereafter:
Provided that the Speaker may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the House of Representatives.
(3) 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 of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.
(4) If at any time before the member 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 (2) of this Article and he may resume the performance of his functions as a member of the House.
Speaker and Deputy Speaker
50.—(1) When the House of Representatives first meets after any general election and before it proceeds to the despatch of any other business, the House shall, in accordance with such procedure as may be prescribed by the rules of procedure of the House, elect from among the members who are not Ministers or Parliamentary Secretaries one member to be the Speaker of the Assembly and another member to be Deputy Speaker; and, if the office of Speaker or Deputy Speaker falls vacant at any time before the next dissolution of the House of Representatives, the House shall, as soon as practicable, proceed in like manner to fill the vacant office.
(2) A person shall vacate the office of Speaker or Deputy Speaker—
(a)if he ceases to be a member of the House of Representatives:
Provided that the Speaker shall not vacate his office by reason only that he has ceased to be a member on a dissolution of Parliament, until the House of Representatives first meets after that dissolution; (b)if he is appointed to be a Minister or Parliamentary Secretary;
(c)if he announces the resignation of his office to the House of Representatives or if, by writing under his hand addressed, in the case of the Speaker, to the Clerk of the House and, in the case of the Deputy Speaker, to the Speaker (or, if the office of Speaker is vacant or the Speaker is absent from New Granada, to the Clerk), he resigns that office; or
(d)in the case of the Deputy Speaker, if he is elected to be Speaker.
(3) If by reason of Article 49(2) of this Constitution the Speaker or Deputy Speaker is required to cease to perform his functions as a member of the House of Representatives, he shall also cease to perform his functions as Speaker or Deputy Speaker and those functions shall, until he vacates his seat in the House or resumes the performance of the functions of his office, be performed—
(a)in the case of the Speaker, by the Deputy Speaker or, if the office of Deputy Speaker is vacant or the Deputy Speaker is required to cease to perform his functions as a member of the House of Representatives by virtue of Article 49(2) of this Constitution, by such member (not being a Minister or Parliamentary Secretary) as the House may elect for the purpose;
(b)in the case of the Deputy Speaker, by such member (not being a Minister or Parliamentary Secretary) as the House may elect for the purpose.
(4) If the Speaker or Deputy Speaker resumes the performances of his functions as a member of the House in accordance with the provisions of Article 49(4) of this Constitution, he shall also resume the performance of his functions as Speaker, or Deputy Speaker, as the case may be.
Determination of questions as to membership
51.—(1) An Election Court, consisting of two Justices of the Supreme Court appointed by the Chief Justice or, if for any reason two such Justices are not available, one such Justice and the Chief Magistrate or a Stipendiary and Circuit Magistrate appointed by the Chief Justice, shall have jurisdiction to hear and determine any question whether—
(a)any person has been validly elected as a member of the House of Representatives; or
(b)any member of the House of Representatives has vacated his seat or is required, under the provisions of Article 49(2) of this Constitution, to cease to perform his functions as a member.
(2) Subject to the following provisions of this Article and to the provisions of Article 49(1) of this Constitution, Parliament may make, or provide for the making of provision, with respect to—
(a)the institution of proceedings for the determination of any question referred to in paragraph (1) of this Article; and
(b)the powers, practice and procedure of an Election Court in relation to any such proceedings.
(3) The determination by an Election Court of any question referred to in paragraph (1) of this Article shall be final.
(4) Proceedings for the determination of any question referred to in paragraph (1) of this Article shall not be instituted except with the leave of a Justice of the Supreme Court.
(5) An appeal shall lie to the Court of Appeal on a point of law from the decision of a Justice of the Supreme Court granting or refusing leave to institute proceedings in accordance with this Article; but, subject as aforesaid, that decision shall be final.
PART 4 Powers and Procedure of Parliament
Power to make laws
52.—(1) Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of New Granada.
(2) Subject to the provisions of Articles 60, 61 and 62 of this Constitution, the power of Parliament to make laws shall be exercised by Bills passed by both Houses, either without amendment or with such amendments only as are agreed to by both Houses, and assented to by the Governor General in accordance with Article 63 of this Constitution.
Privileges of Parliament
53.—(1) Without prejudice to the generality of Article 52(1) of this Constitution and subject to the provisions of paragraph (2) of this Article, Parliament may by law determine the privileges, immunities and powers of the Senate and the House of Representatives and the members thereof.
(2) No process issued by any court in the exercise of its civil jurisdiction shall be served or executed within the precincts of the Senate or the House of Representatives while it is sitting, or through the President or the Speaker, the Clerk or any other officer of either House.
Alteration of this Constitution
54.—(1) Subject to the provisions of this Article, Parliament may, by an Act of Parliament passed by both Houses, alter any of the provisions of this Constitution or (in so far as it forms part of the law of New Granada) any of the provisions of the New Granada Independence Act, 1973.
(2) In so far as it alters—
(a)Articles 32, 33, 34, 35, 41, 42, 43, 47, 48, 49, 79, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 128, 129, 130, 131, 132, 133, 134, 135, or 136 of this Constitution; or
(b)Articles 127 or 137 of this Constitution in their application to any of the provisions specified in sub-paragraph (a) of this paragraph,
a Bill for an Act of Parliament under this Article shall not be passed by Parliament unless:—
(i)at the final voting thereon in each House it is supported by the votes of not less than two-thirds of all the members of each House, and
(ii)the Bill, after its passage through both Houses, has been submitted to the electors qualified to vote for the election of members of the House of Representatives and, on a vote in such manner as Parliament may prescribe the majority of the electors voting have approved the Bill.
(3) In so far as it alters—
(a)this Article;
(b)Articles 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 38, 39, 40, 45, 46, 51, 52, 60, 61, 62, 65, 66, 67, 68, 69, 70, 71, 72, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, or 105 of this Constitution; or
(c)Articles 106, 127 or 137 of this Constitution in their application to any of the provisions specified in sub-paragraphs (a) or (b) of this paragraph; or
(d)any of the provisions of New Granada Independence Act 1973, a Bill for an Act of Parliament under this Article shall not be passed by Parliament unless:—
(i)at the final voting thereon in each House it is supported by the votes of not less than three-quarters of all the members of each House, and
(ii)the Bill, after its passage through both House has been submitted to the electors qualified to vote for the election of members of the House of Representatives and, on a vote taken in such manner as Parliament may prescribe the majority of the electors voting have approved the Bill.
(4) In this Article—
(a)references to any of the provisions of this Constitution or the New Granada Independence Act 1973 include references to any law that amends or replaces that provision; and
(b)references to any of the alteration of any of the provisions of this Constitution or The New Granada Independence Act 1973 include references to the amendment, modification or re-enactment with or without amendment or modification, of that provision, the suspension or repeal of that provision and the making of a different provision in lieu of that provision.
(5) No Act of Parliament shall be construed as altering this Constitution unless it is stated in the Act that it is an Act for that purpose.
Regulation of procedure in Parliament
55.—(1) Subject to the provisions of this Constitution, each House may regulate its own procedure and for this purpose may make rules of procedure.
(2) Each House may act notwithstanding any vacancy in its membership, and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the House shall not invalidate those proceedings.
Presiding in the Senate and House of Representatives
56.—(1) The President of the Senate or, in his absence, the Vice-President or, if they are both absent, a Senator (not being a Minister or Parliamentary Secretary) elected by the Senate for that sitting shall preside at each sitting of the Senate.
(2) The Speaker or, in his absence, the Deputy Speaker or, if they are both absent, a member (not being a Minister or Parliamentary Secretary) elected by the House for that sitting shall preside at each sitting of the House of Representatives.
(3) References in this Article to circumstances in which the President, Vice-President, Speaker or Deputy Speaker is absent include references to circumstances in which the office of President, Vice-President, Speaker or Deputy Speaker is vacant.
Quorum
57.—(1) If at any time during a sitting of either House objection is taken by a member that there is not a quorum present and, after such interval as may be prescribed by the rules of procedure of that House, the person presiding ascertains that there is still not a quorum present, he shall thereupon adjourn the House.
(2) For the purposes of this Article—
(a)a quorum of the Senate shall consist of six Senators including the person presiding; and
(b)a quorum of the House of Representatives shall consist of ten members including the person presiding, or of such greater number of members as may be specified by an Order made by the Governor-General in accordance with the provisions of Article 70 of this Constitution.
Voting
58.—(1) Save as is otherwise provided in this Constitution, all questions proposed for decision in either House shall be determined by a majority of the votes of the members thereof present and voting.
(2) The person presiding in either House shall not vote—
(a)unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote; or
(b)except in the case of the final vote on a Bill for an Act of Parliament under Article 54 of this Constitution in which case he shall have an original vote.
Introduction of Bills, etc
59.—(1) Subject to the provisions of this Constitution and of the rules of procedure of the Senate or the House of Representatives, as the case may be, any member of either House may introduce any Bill or propose any motion for debate in, or may present any petition to, that House, and the same shall be debated and disposed of according 10 the rules of procedure of that House.
(2) A Bill other than a Money Bill may be introduced in either House, but a Money Bill shall not be introduced in the Senate.
(3) Except on the recommendation of the Cabinet signified by a Minister, the House of Representatives shall not—
(a)proceed upon any Bill (including any amendment to a Bill) which, in the opinion of the person presiding, makes provision for imposing or increasing any tax, for imposing any charge on the Consolidated Fund or any other public fund or altering any such charge otherwise than by reducing it or for compounding or remitting any debt due to New Granada; or
(b)proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, is that provision shall be made for any of the purposes aforesaid.
(4) The Senate shall not—
(a)proceed upon any Bill, other than a Bill sent from the House of Representatives, or any amendment to a Bill which, in the opinion of the person presiding, makes provision for imposing or increasing any tax, for imposing any charge on the Consolidated Fund or any other public fund or altering any such charge otherwise than by reducing it or for compounding or remitting any debt due to New Granada; or
(b)proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, is that provision shall be made for any of the purposes aforesaid.
Restriction on powers of Senate as to Money Bills
60.—(1) Subject to the provisions of this Constitution, if a Money Bill, having been passed by the House of Representatives and sent to the Senate at least one month before the end of the session, is not passed by the Senate without amendment within one month after it is sent to that House, the Bill shall, unless the House of Representatives otherwise resolves, be presented to the Governor-General for his assent notwithstanding that the Senate has not consented to the Bill.
(2) There shall be endorsed on every Money Bill when it is sent to the Senate the certificate of the Speaker signed by him that it is a Money Bill; and there shall be endorsed on any Money Bill that is presented to the Governor-General for assent in pursuance of paragraph (1) of this Article the certificate of the Speaker signed by him that it is a Money Bill and that the provisions of that paragraph have been complied with.
Restriction on powers of Senate as to Bills other than Money Bills
61.—(1) If any Bill other than a Money Bill is passed by the House of Representatives in two successive sessions (whether or not Parliament is dissolved between those sessions) and, having been sent to the Senate in each of those sessions at least one month before the end of the session, is rejected by the Senate in each of those sessions, that Bill shall, on its rejection for the second time by the Senate, unless the House of Representatives otherwise resolves, be presented to the Governor-General for assent notwithstanding that the Senate has not consented to the Bill.
Provided that the foregoing provisions of this paragraph shall not have effect unless at least nine months have elapsed between the date on which the Bill is passed by the House of Representatives in the first session and the date on which it is passed by the House of Representatives in the second session.
(2) For the purposes of this Article a Bill that is sent to the Senate from the House of Representatives 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.
(3) The House of Representatives may, if it thinks fit, on the passage through the House of a Bill that is deemed to be the same Bill as a former Bill sent to the Senate in the preceding session, suggest any amendments without inserting the amendments in the Bill, and any such amendments shall be considered by the Senate, and, if agreed to by the Senate, shall be treated as amendments made by the Senate and agreed to by the House of Representatives; but the exercise of this power by the House of Representatives shall not effect the operation of this Article in the event of the rejection of the Bill in the Senate.
(4) There shall, be inserted in any Bill that is presented to the Governor-General for, assent in pursuance of this Article any amendments that are certified by the Speaker to have been made in the Bill by the Senate in the second session and agreed to by the Assembly.
(5) There shall be endorsed on any Bill that is presented to the Governor-General for assent in pursuance of this Article the certificate of the Speaker signed by him that the provisions of this Article have been complied with.
(6) The Provisions of this Article shall not apply to a Bill which is required by Article 54 of this Constitution to be passed by both Houses.
Provisions relating to Articles 59, 60 and 61
62.—(1) In Articles 59, 60 and 61 of this Constitution “Money Bill” means a public Bill which, in the opinion of the Speaker, contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration of regulation of taxation; the imposition, for the payment of debt or other financial purposes, of charges on the Consolidated Fund or any other public funds or on monies provided by Parliament or the variation or repeal of any such charges; the grant of money to the 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 paragraph the expressions “taxation”, “debt”, “public fund”, “public money”, and “loan” do not include any taxation imposed, debt incurred, fund or money provided or loan raised by any local authority or body for local purposes.
(2) For the purposes of Article 61 of this Constitution, a Bill shall be deemed to be rejected by the Senate if—
(a)it is not passed by the Senate without amendment; or
(b)it is passed by the Senate with any amendment which is not agreed to by the House of Representatives.
(3) Whenever the office of Speaker is vacant or the Speaker is for any reason unable to perform any function conferred upon him by paragraph (1) of this Article or by Articles 60 or 61 of this Constitution, that function may be performed by the Deputy Speaker.
(4) Any certificate of the Speaker or Deputy Speaker given under Article 60 or 61 of this Constitution shall be conclusive for all purposes and shall not be questioned in any court.
Assent to Bills
63.—(1) A Bill shall not become law until the President has assented thereto and has signed it in token of such assent.
(2) Subject to the provisions of Articles 60 and 61 of this Constitution, a Bill shall be presented to the Governor-General for assent if, and shall not be so presented unless, it has been passed by both Houses either without amendment or with such amendments only as are agreed to by both Houses.
(3) Any Bill to which Article 54(2) or (3) of this Constitution applies shall be presented to the Governor-General endorsed with certificates of the President of the Senate and the Speaker that it has been passed by the requisite majorities in accordance with whichever of those paragraphs applies to the Bill, and with a certificate of the Parliamentary Registrar that it has been approved by the majority of the electors voting on the Bill.
(4) When a Bill is presented to the Governor-General for assent he shall signify that he assents or that he withholds assent.
Oath of allegiance
64. No member or either House shall take part in the proceedings thereof unless he has taken the oath of allegiance in such manner as is prescribed by any law in force in New Granada:
Provided that the election of a President of the Senate or the election of a Speaker of the House of Representatives may take place before the members of the Senate or the House of Representatives, as the case may be, have taken such oath.
PART 5 Summoning, Prorogation and Dissolution
Sessions of Parliament
65.—(1) Each session of Parliament shall be held at such place and commence at such time as the Governor-General may by proclamation appoint.
(2) The time appointed for the commencement of any session of Parliament shall be such that a period of twelve months does not intervene between the end of one session and the first sitting of Parliament in the next session.
Prorogation and dissolution of Parliament
66.—(1) The Governor-General, acting in accordance with the advice of the Prime Minister, may at any time by proclamation prorogue Parliament.
(2) The Governor-General, acting in accordance with the advice of the Prime Minister, may at any time by proclamation dissolve Parliament:
Provided that if the office of Prime Minister is vacant and the Governor-General considers that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the confidence of a majority of the members of the House of Representatives, he shall dissolve Parliament.
(3) Subject to the provisions of paragraph (4) of this Article, Parliament, unless sooner dissolved, shall continue for four years from the date of its first sitting after any dissolution and shall then stand dissolved.
(4) At any time when New Granada is at war, Parliament may extend the period of four years specified in paragraph (3) of this Article for not more than twelve months at a time:
Provided that the life of Parliament shall not be extended under this paragraph for more than two years.
(5) If, between a dissolution of Parliament and the next ensuing Parliamentary election of members to the House of Representatives, an emergency arises of such a nature that, in the opinion of the Prime Minister, it is necessary for the two Houses or either of them to be summoned before that general election can be held, the Governor-General, acting in accordance with the advice of the Prime Minister, may summon the two Houses of the Preceding Parliament, and that Parliament shall thereupon be deemed (except for the purposes of Article 67 of this Constitution) not to have been dissolved but shall be deemed (except as aforesaid) to be dissolved on the date on which the polls are held in the next ensuing general election.
General elections, bye-elections and appointment of Senators
67.—(1) After every dissolution of Parliament the Governor-General shall issue writs for a general election of Senators and members of the House of Representatives returnable within ninety days from that dissolution.
(2) As soon as may be after every general election the Governor-General shall proceed under Article 39 of this Constitution to the appointment of Senators.
(3) Whenever any person vacates his seat as a member of the House of Representatives for any reason other than a dissolution of Parliament, the Governor-General shall issue a writ for the election of a member to fill the vacancy and such election shall be held within sixty days after the occurrence of the vacancy or, where the question whether a vacancy has occurred is determined under Article 51 of this Constitution, after that determination, unless Parliament is sooner dissolved or the date by which Parliament will be dissolved under the provisions of Article 66 of this Constitution is less than four months after the occurrence of the vacancy or, as the case may be, that determination.
PART 6 Delimitation of Constituencies
Constituencies
68. New Granada shall be divided into one hundred and four constituencies or such greater number as may be provided for by an Order made by the Governor-General in accordance with the provisions of Article 70 of this Constitutions and each such constituency shall return one member to the House of Representatives.
Constituencies Commission
69.—(1) There shall be a Constituencies Commission for New Granada (in this and the next following Article referred to as “the Commission”).
(2) The Members of the Commission shall be—
(a)a Justice of the Supreme Court who shall be Chairman and shall be appointed by the Governor-General acting on the recommendation of the Chief Justice;
(b)the Speaker who shall be first Deputy Chairman;
(c)the President of the Senate who shall be second Deputy Chairman;
(d)two members of the House of Representatives who shall be appointed by the President acting in accordance with the advice of the Speaker; and
(e)two Senators who shall be appointed by the President acting in accordance with the advice of the President of the Senate.
(3) The office of a member of the Commission shall become vacant—
(a)if he ceases to be the Speaker, President of the Senate, a Justice of the Supreme Court or a member of the House of Representatives, as the case may be; or
(b)in the case of a member appointed under sub-paragraph (2)(a), (d) or (e) of this Article, if his appointment is revoked by the Governor-General.
(4) If the office of a member of the Commission, appointed under sub-paragraph (2)(a), (d) or (e) of this Article is vacant or any such member is for any reason unable to perform the functions of his office, the Governor-General may appoint a person qualified for appointment under the said sub-paragraph (a), (d) or (e), as the case may be, to act in the office of that member and any person so appointed may continue so to act until his appointment is revoked.
(5) In revoking the appointment of a member of the Commission under sub-paragraph (3)(b) of this Article, and in making or revoking an appointment to act in the office of a member of the Commission under paragraph (4) of this Article, the Governor-General shall act in the same manner as he would act if he were making an appointment to the office of that member under paragraph (2) of this Article.
(6) Any decision of the Commission shall require the concurrence of not less than three members of the Commission.
(7) Subject to the provisions of paragraph (6) of this Article, the Commission may act notwithstanding a vacancy in its membership, and no proceedings of the Commission shall be invalidated by reason only that some persons not entitled to do so has taken part in them.
Procedure for review of constituencies
70.—(1) The Commission shall in accordance with the provisions of this Article, at intervals of not more than five years, review the number and boundaries of the constituencies into which New Granada is divided and shall submit to the Governor-General a single report either—
(a)stating that in the opinion of the Commission, no change is required; or
(b)recommending certain changes,
and the Governor-General shall cause such report to be laid before the House of Representatives forthwith.
(2) In carrying out a review for the purposes of this Article, the Commission shall be guided by the general consideration that the number of voters entitled to vote for the purposes of electing every member of the House of Representatives shall, so far as is reasonably practicable, be the same and the need to take account of special considerations such as the needs of sparsely populated areas, the practicability of elected members maintaining contact with electors in such areas, size, physical features, natural boundaries and geographical isolation.
(3) When the Commission intends to proceed under paragraph (1) of this Article, it shall, by notice in writing, inform the Prime Minister, who shall cause a copy of that notice to be published in the Gazette.
(4) As soon as may be after the Commission has submitted a report recommending changes in the boundaries of any constituencies, the Prime Minister shall lay before the House of Representatives for its approval a draft of an Order by the Governor-General for giving effect, whether with or without modifications, to the recommendations contained in the report, and that draft may make provision for any matters (including variation of the quorum specified in Article 57 of this Constitution) which appear to the Prime Minister to be incidental to or consequential upon the other provisions of the draft.
(5) Where any draft Order laid under this Article would give effect to any such recommendations with modifications, the Prime Minister shall lay before the House of Representatives together with the draft a statement of the reasons for the modifications.
(6) If the motion for the approval of any draft Order laid under this Article is rejected by the House of Representatives, or is withdrawn by leave of the House, an amended draft shall be laid without undue delay by the Prime Minister before the House of Representatives.
(7) If any draft Order laid under this Article is approved by resolution of the House of Representatives, the Prime Minister shall submit it to the Governor-General who shall make an Order (which shall be published in the Gazette) in terms of the draft; and that Order shall come into force on such day as may be specified therein and, until revoked by a further Order made by the Governor-General in accordance with the provisions of this Article, shall have the force of law in New Granada:
Provided that the coming into force of any such Order shall not affect any election to the House of Representatives until a proclamation is made by the Governor-General appointing the date for the holding of a general election of members of the House of Representatives or affect the constitution of the House of Representatives then in being.
(8) Save as provided in the next following paragraph the question of the validity of any Order by the Governor-General purporting to be made under this Article and reciting that a draft thereof has been approved by resolution of the House of Representatives shall not be inquired into in any court of law.
(9) Parliament may by law provide for an appeal to the Supreme Court against a statement or recommendation submitted by the Commission in pursuance of sub-paragraph (1)(a) or (b) of this Article.
CHAPTER VII THE JUDICATURE
PART I The Supreme Court
Establishment of Supreme Court
93.—(1) There shall be a Supreme Court for New Granada which shall have such jurisdiction and powers as may be conferred upon it by this Constitution or any other law.
(2) The Justices of the Supreme Court shall be the Chief Justice and such number of other Justices as may be prescribed by Parliament.
(3) No office of Justice of the Supreme Court shall be abolished while there is a substantive holder thereof.
(4) The Supreme Court shall be a Superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.
Appointment of Justices of Supreme Court
94.—(1) The Chief Justice shall be appointed by the Governor-General by instrument under the Public Seal on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.
(2) The other Justices of the Supreme Court shall be appointed by the Governor-General by instrument under the Public Seal acting on the advice of the Judicial and Legal Service Commission.
(3) The qualifications for appointment as a Justice of the Supreme Court shall be such as may be prescribed by any law for the time being in force:
Provided that a person who has been appointed as a Justice of the Supreme Court may continue in office notwithstanding any subsequent variations in the qualifications so prescribed.
Acting Justices
95.—(1) If the Office of Chief Justice is vacant or if the Chief Justice is for any reason unable to perform the functions of his office, then, until a person has been appointed to that office and assumed its functions, or, as the case may be, until the Chief Justice has resumed those functions, they shall be performed by such other person, qualified under paragraph (3) of Article 94 of this Constitution for appointment as a Justice, as the Governor-General, acting in accordance with the advice of the Prime Minister may appoint for that purpose by instrument under the Public Seal.
(2) If the office of a Justice of the Supreme Court is vacant, or if any such Justice is appointed to act as Chief Justice or as a Justice of Appeal, or is for any reason unable to perform the functions of his office, the Governor-General, acting on the advice of the Judicial and Legal Service Commission, may by instrument under the Public Seal appoint a person qualified under paragraph (3) of Article 94 of this Constitution for appointment as a Justice to act as a Justice of the Supreme Court, and any person so appointed shall, subject to the provisions of paragraph (5) of Article 96 of this Constitution, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the Governor-General acting on the advice of the Judicial and Legal Service Commission.
(3) Any person appointed to act as a Justice under the provisions of this Article may, notwithstanding that the period of his appointment has expired or his appointment has been revoked, sit as a Justice for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him while he was so acting.
Tenure of office of Justices of Supreme Court
96.—(1) Subject to the provisions of paragraphs (4) to (7) (inclusive) of this Article, a Justice of the Supreme Court shall hold office until he attains the age of sixty-five years:
Provided that the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may permit a Justice who attains the age of sixty-five years to continue in office until he has attained such later age, not exceeding sixty-seven years, as may (before the Justice has attained the age of sixty-five years) have been agreed between them.
(2) Notwithstanding that he has attained the age at which he is required by or under the provisions of this Article to vacate his office, a person holding the office of Justice of the Supreme Court may, with the permission of the Governor-General, acting in accordance with the advice of the Prime Minister, continue in office for such period after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.
(3) Nothing done by a Justice of the Supreme Court shall be invalid by reason only that he has attained the age at which he is required by this Article to vacate his office.
(4) A Justice of the Supreme Court may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of paragraph (5) of this Article.
(5) A Justice of the Supreme Court shall be removed from office by the Governor-General by instrument under the Public Seal if the question of the removal of that Justice from office has, at the request of the Governor-General, made in pursuance of paragraph (6) of this Article, been referred by Her Majesty to the Judicial Committee of Her Majesty's Privy Council and the Judicial Committee has advised Her Majesty that the Justice ought to be removed from office for inability as aforesaid or for misbehaviour.
(6) If the Prime Minister (in the case of the Chief Justice) or the Chief Justice after consultation with the Prime Minister (in the case of any other Justice) represents to the Governor-General that the question of removing a Justice of the Supreme Court from office for inability as aforesaid 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 Prime Minister (in the case of the Chief Justice) or of the Chief Justice (in the case of any other Justice) from among persons who hold or have held high judicial office;
(b)that tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether he should request that the question of the removal of that Justice should be referred by Her Majesty to the Judicial Committee; and
(c)if the tribunal so recommends, the Governor-General shall request that the question should be referred accordingly.
(7) The provisions of the Commissions of Inquiry Act(2) as in force immediately before the appointed day shall, subject to the provisions of this Article, apply as nearly as may be in relation to tribunals appointed under paragraph (6) of this Article or, as the context may require, to the members thereof as they apply in relation to the Commissions or Commissioners appointed under that Act, and for that purpose shall have effect as if they formed part of this Constitution.
(8) If the question of removing a Justice of the Supreme Court from office has been referred to a tribunal appointed under paragraph (6) of this Article, the Governor-General, acting in accordance with the advice of the Prime Minister (in the case of the Chief Justice) or of the Chief Justice after the Chief Justice has consulted with the Prime Minister (in the case of any other Justice), may suspend the Justice from performing the functions of his office.
(9) Any such suspension may at any time be revoked by the Governor General, acting in accordance with the advice of the Prime Minister or the Chief Justice (as the case may be), and shall in any case cease to have effect—
(a)if the tribunal recommends to the Governor-General that he should not request that the question of the removal of the Justice from office should be referred by Her Majesty to the Judicial Committee; or
(b)the Judicial Committee advises Her Majesty that the Justice ought not to be removed from office.
(10) The provisions of this Article shall be without prejudice to the provisions of paragraph (2) of Article 95 of this Constitution.
Oaths to be taken by Justices of Supreme Court
97. A Justice of the Supreme Court shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and a judicial oath in such form as is prescribed by any law in force in New Granada.
PART 2 Court of Appeal
Establishment of Court of Appeal
98.—(1) There shall be a Court of Appeal for New Granada which shall have such jurisdiction and powers as may be conferred upon it by this Constitution or any other law.
(2) The Justices of Appeal of the Court of Appeal shall be—
(a)a President;
(b)the Chief Justice by virtue of his office as head of the Judiciary but who, however, shall not site in the Court of Appeal, unless he has been invited so to sit by the President of the Court; and
(c)such number of other Justices of Appeal as may be prescribed by Parliament.
(3) No office of Justice of Appeal shall be abolished while there is a substantive holder thereof.
(4) The Court of Appeal shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.
Justices of the Court of Appeal
99.—(1) The President of the Court of Appeal and other Justices of Appeal shall be appointed by the Governor-General by instrument under the Public Seal on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.
(2) The qualifications for appointment as a Justice of Appeal shall be such as may be prescribed by any law for the time being in force;
Provided that—
(i)a person shall not be qualified for appointment as a Justice of Appeal unless he holds or has held high judicial office; and
(ii)a person who has been appointed as a Justice of Appeal may continue in office notwithstanding any subsequent variations in the qualifications so prescribed.
Other arrangements for appeals
100.—(1) Notwithstanding anything contained in this Part of this Chapter, Parliament may make provisions—
(a)for implementing arrangements made between the Government of New Granada and the Government or Governments of any other part or parts of the Commonwealth relating to the establishment of a court of appeal to be shared by New Granada with that part or those parts of the Commonwealth, and for the hearing and determination by such a court of appeal of appeals from decisions of any court in New Granada; or
(b)for the hearing and determination of appeals from decisions of any court in New Granada by a Court established for any other part of the Commonwealth.
(2) A law enacted in pursuance of paragraph (1) of this Article may provide that the jurisdiction conferred on any such court as is referred to in that paragraphs shall be to the exclusion, in whole or in part, of the jurisdiction of the Court of Appeal established by this Part of this Chapter; and during any period when jurisdiction is so conferred to the exclusion of the whole jurisdiction of the said Court of Appeal, Parliament may suspend the provisions of this Part establishing that Court.
(3) In paragraph (1) of this Article the expression “any court in New Granada” includes the Court of Appeal established by this Part of this Chapter.
Acting Justices of Court of Appeal
101.—(1) If the office of President of the Court of Appeal is vacant or if the President of the Court of Appeal is for any reason unable to perform the functions of his office, then, until a person has been appointed to that office and assumed its functions or, as the case may be, until the President of the Court of Appeal has resumed those functions, they shall be performed by such other person, qualified under paragraph (2) of Article 99 of this Constitution for appointment as a Justice of Appeal, as the Governor-General, acting in accordance with the advice of the Prime Minister, may appoint for that purpose by instrument under the Public Seal.
(2) If the office of a Justice of Appeal (other than the President) is vacant, or if any such Justice is appointed to act as President of the Court of Appeal, or is for any reason unable to perform the functions of his office, the Governor-General, acting on the advice of the Judicial and Legal Service Commission, may by instrument under the Public Seal appoint a person qualified under paragraph (2) of Article 99 of this Constitution for appointment as a Justice of Appeal to act as a Justice of Appeal, and any person so appointed shall, subject to the provisions of paragraph (5) of Article 102 of this Constitution, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the Governor-General acting on the advice of the Judicial and Legal Service Commission.
(3) Any person appointed to act as a Justice of Appeal under the provisions of this Article may, notwithstanding that the period of his appointment has expired or his appointment has been revoked, sit as a Justice for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him while he was so acting.
Tenure of office of Justices of Appeal
102.—(1) Subject to the provisions of paragraph (4) to (7) (inclusive) of this Article, a Justice of Appeal shall hold office until he attains the age of sixty-eight years:
Provided that the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may permit a Justice of Appeal who attains the age of sixty-eight years to continue in office until he has attained such later age, not exceeding seventy years, as may (before the Justice of Appeal has attained the age of sixty-eight years) have been agreed between them.
(2) Notwithstanding that he has attained the age at which he is required by or under the provisions of this Article to vacate his office, a person holding the office of Justice of Appeal may, with the permission of the Governor-General, acting in accordance with the advice of the Prime Minister, continue in office for such period after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relating to proceedings that were commenced before him before he attained that age.
(3) Nothing done by a Justice of Appeal shall be invalid by reason only that he has attained the age at which he is required by this Article to vacate his office.
(4) A Justice of Appeal may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of paragraph (5) of this Article.
(5) A Justice of Appeal shall be removed from office by the Governor-General by instrument under the Public Seal if the question of the removal of that Justice of Appeal from the office has, at the request of the Governor-General made in pursuance of paragraph (6) of this Article, been referred by Her Majesty to the Judicial Committee of Her Majesty's Privy Council and the Judicial Committee has advised Her Majesty that the Justice of Appeal ought to be removed from office for inability as aforesaid or for misbehaviour.
(6) If the Prime Minister (in the case of the President of the Court of Appeal) or the President of the Court of Appeal or the Chief Justice after consultation with the Prime Minister (in the case of any other Justice of Appeal) represents to the Governor-General that the question of removing a Justice of Appeal 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 Prime Minister (in the case of the President of the Court of Appeal) or of the President of the Court of Appeal (in the case of any other Justice of Appeal) from among persons who hold or have held high judicial office;
(b)that tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether he should request that the question of the removal of that Justice of Appeal should be referred by Her Majesty to the Judicial Committee; and
(c)if the tribunal so recommends, the Governor-General shall request that the question should be referred accordingly.
(7) The provisions of the Commissions of Inquiry Act(3) as in force immediately before the appointed day shall, subject to the provisions of this Article, apply as nearly as may be in relation to tribunals appointed under paragraph (6) of this Article or, as the context may require, to the members thereof as they apply in relation to Commissions or Commissioners appointed under that Act, and for that purpose shall have effect as if they formed part of this Constitution.
(8) If the question of removing a Justice of Appeal from office has been referred to a tribunal appointed under paragraph (6) of this Article, the Governor-General acting in accordance with the advice of the Prime Minister (in the case of the President of the Court of Appeal) or of the President of the Court of Appeal after the President of the Court of Appeal has consulted with the Prime Minister (in the case of any other Justice of Appeal), may suspend the Justice of Appeal from performing the functions of his office.
(9) Any such suspension may at any time be revoked by the Governor-General, acting in accordance with the advice of the Prime Minister or the President of the Court of Appeal (as the case may be), and shall in any case cease to have effect if—
(a)the tribunal recommends to the Governor-General that he should not request that the question of the removal of the Justice of Appeal from office should be referred by Her Majesty to the Judicial Committee; or
(b)the Judicial Committee advises Her Majesty that the Justice of Appeal ought not to be removed from office.
(10) The provisions of this Article shall be without prejudice to the provisions of paragraph (2) of Article 101 of this Constitution.
(11) The provisions of this Article and of Article 103 of this Constitution shall not apply to the Chief Justice.
Oaths to be taken by Justices of Appeal
103. A Justice of Appeal shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and a judicial oath in such form as is prescribed by any law in force in New Granada.
PART 3 Appeals to Court of Appeal and Her Majesty in Council
Appeals relating to fundamental rights and freedoms
104.—(1) An appeal to the Court of Appeal shall lie as of right from final decisions of the Supreme Court given in exercise of the jurisdiction conferred on the Supreme Court by Article 28 of this Constitution (which relates to the enforcement of fundamental rights and freedoms).
(2) An appeal shall lie as of right to the Judicial Committee of Her Majesty's Privy Council or to such other court as may be prescribed by Parliament under Article 105(3) of this Constitution from any decision given by the Court of Appeal in any such case.
Appeals to Her Majesty in Council in other cases
105.—(1) Parliament may provide for an appeal to lie from decisions of the Court of Appeal established by Part 2 of this Chapter to the Judicial Committee of Her Majesty's Privy Council or to such other court as may be prescribed by Parliament under this Article, either as of right or with the leave of the said Court of Appeal, in such cases other than those referred to in Article 104(2) of this Constitution as may be prescribed by Parliament.
(2) Nothing in this Constitution shall affect any right of Her Majesty to grant special leave to appeal from decisions such as are referred to in paragraph (1) of this Article.
(3) Parliament may by law provide for the functions required in this Chapter to be exercised by the Judicial Committee of Her Majesty's Privy Council to be exercised by any other court established for the purpose in substitution for the Judicial Committee.
Interpretation of “Court of Appeal”
106. References in this Part to “the Court of Appeal” include references to a shared court of appeal established under Article 100(1) of this Constitution when exercising jurisdiction in respect of New Granada.
CHAPTER VIII THE PUBLIC SERVICE
PART I The Public Service Commission
Establishment and composition of Public Service Commission
107.—(1) There shall be a Public Service Commission for New Granada which shall consist of a Chairman and not less than two nor more than four other members, who shall be appointed by the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, by instrument under the Public Seal.
(2) No person shall be qualified to be appointed as a member of the Public Service Commission if he is a member of either House or a public officer.
(3) Subject to the provisions of Article 126 of this Constitution the office of a member of the Public Service Commission shall become vacant—
(a)at the expiration of three years from the date of his appointment or such earlier time as may be specified in the instrument by which he was appointed;
(b)if he becomes a member of either House or a public officer.
(4) If the office of Chairman of the Public Service Commission is vacant or the holder thereof is for any reason unable to perform the functions of his office then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be performed by such one of the other members of the Commission as may for the time being be designated in that behalf by the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.
(5) If the office of a member of the Public Service Commission other than the Chairman is vacant or the holder thereof is for any reason unable to perform the functions of his office, the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may appoint a person who is qualified for appointment as a member of the Commission to act in the office of that member; and any person so appointed shall, subject to the provisions of sub-paragraph (3)(b) of this Article and Article 126 of this Constitution, continue so to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, the holder thereof resumes those functions or until his appointment so to act is revoked by the Governor-General, acting as aforesaid.
(6) A former member of the Public Service Commission shall not, within a period of five years commencing with the date on which he last held or acted in that office, be eligible for appointment to any office power to make appointments to which is vested by this Constitution in the Governor-General acting on the recommendation or in accordance with the advice of the Public Service Commission.
PART 2 Appointments etc. of Public Officers
Appointments, etc. of public officers
108. Subject to the provisions of this Constitution power to make appointments to public offices and to remove and to exercise disciplinary control over persons holding or acting in such offices is hereby vested in the Governor-General, acting in accordance with the advice of the Public Service Commission.
Appointments of Permanent Secretaries and certain other public officers
109.—(1) Notwithstanding anything contained in the preceding Article of this Chapter—
(a)power to make appointments to the office of Permanent Secretary or Head of a Department of Government (or to be the holder of any such other office of similar status as the Governor-General may, acting in accordance with the advice of the Prime Minister, specify by notice in the Gazette) is hereby vested in the Governor-General acting on the recommendation of the Public Service Commission after the Commission has consulted the Prime Minister;
(b)power to make appointments to the office of Permanent Secretary on transfer from another such office carrying the same salary is hereby vested in the Governor-General acting on the advice of the Prime Minister.
(2) In this Article “Permanent Secretary” includes the Secretary of the Cabinet and the Financial Secretary.
Delegation of Governor-General's powers
110. The Governor-General acting in accordance with the advice of the Public Service Commission, may by directions given by instruments under the Public Seal delegate, to such extent and subject to such conditions as may be specified in those directions, the powers vested in him by Article 108 of this Constitution (other than powers to make appointments to the offices referred to in Article 109 of this Constitution and to remove or exercise disciplinary control over persons holding or acting in such offices) to such public officers as may be so specified.
Appointments, etc. of principal representatives of New Granada abroad
111.—(1) Power to appoint persons to hold or act in the offices to which this Article applies (including power to make appointments on promotion and transfer and to confirm appointments) and to remove persons so appointed from any such office shall vest in the Governor-General, acting in accordance with the advice of the Prime Minister.
(2) Before tendering any advice for the purposes of this Article in relation to any person who holds or acts in any public office other than an office to which this Article applies, the Prime Minister shall consult the Service Commission which is responsible for advising in respect of appointments to the office which the person concerned holds or in which he is acting.
(3) The offices to which this Article applies are the offices of Ambassador. High Commissioner or any other principal representative of New Granada in any other country or accredited to any international organisation.
Appointments on transfer in respect of certain offices
112.—(1) Power to make appointments on transfer to the offices to which this Article applies shall vest in the Prime Minister.
(2) The offices to which this Article applies are—
(a)offices, the holders of which are required to reside outside New Granada for the proper discharge of their functions;
(b)such offices in the Ministry responsible for the conduct of the external affairs of New Granada as may, from time to time, be designated by the Prime Minister.
Appointment of Secretary to the Cabinet
113.—(1) There shall be a Secretary to the Cabinet whose office shall be a public office.
(2) Power to appoint any person to the office of Secretary to the Cabinet and to remove such person from that office shall vest in the Governor-General acting in accordance with the advice of the Prime Minister.
(3) Before tendering advice for the purposes of this Article, the Prime Minister shall consult the Public Service Commission.
(4) The Secretary to the Cabinet shall have charge of the Cabinet Office and shall be responsible, in accordance with such instructions as may be given to him by the Prime Minister, for the supervision of any department of the Government for which the Prime Minister has responsibility.
PART 3 The Public Service Board of Appeal
Public Service Board of Appeal
114.—(1) There shall be a Public Service Board of Appeal for New Granada which shall consist of the following members, who shall be appointed by instrument under the Public Seal—
(a)one member appointed by the Governor-General acting in accordance with the advice of the Chief Justice from among persons who hold or have held high judicial office or are qualified to hold high judicial office, who shall be Chairman;
(b)one member appointed by the Governor-General acting in accordance with the advice of the Prime Minister; and
(c)one member appointed by the Governor-General acting in accordance with the advice of the appropriate representative body.
(2) A person shall not be qualified for appointment as a member of the Board if he is a member of either House.
(3) Subject to the provisions of this Article and of Article 126 of this Constitution, the office of a member of the Board shall become vacant—
(a)at the expiration of three years from the date of his appointment;
(b)if he becomes a member of either House.
(4) If at any time any member of the Board is for any reason unable to exercise the functions of his office, the Governor-General may appoint a person who is qualified to be appointed as a member of the Board to act as a member, and any person so appointed shall, subject to the provisions of sub-paragraph (3)(b) of this Article and Article 126 of this Constitution, continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the Governor-General.
(5) The Board shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.
(6) In this Article “the appropriate representative body” means such body representing the interests of public officers as the Governor-General may, by Order, designate.
Appeals in discipline cases
115.—(1) Subject to the provisions of this Article, an appeal shall lie to the Public Service Board of Appeal at the instance of the officer in respect of whom the decision is made from any decision of the Governor-General, acting in accordance with the advice of the Public Service Commission, that any public officer shall be removed from office or that any penalty should be imposed on him by way of disciplinary control.
(2) Upon an appeal under paragraph (1) of this Article the Board may affirm or set aside the decision appealed from or may make any other decision which the authority or person from whom the appeal lies could have made.
(3) Every decision of the Board shall require the concurrence of a majority of all its members.
(4) Subject to the provisions of paragraph (3) of this Article, the Board may by regulations make provisions for—
(a)the procedure of the Board;
(b)the procedure in appeals under this Article;
(c)excepting from the provisions of paragraph (1) of this Article decisions in respect of public officers holding offices whose emoluments do not exceed such sum as may be prescribed or such decisions to exercise disciplinary control, other than decisions to remove from office, as may be prescribed.
(5) Regulations made under this Article may, with the consent of the Prime Minister, confer powers or impose duties on any public officer or any authority of the Government of New Granada for the purpose of the exercise of the functions of the Board.
(6) The Board may, subject to the provisions of this Article and to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member.
PART 4 The Judicial and Legal Service Commission
Establishment and composition of the Judicial and Legal Service Commission
116.—(1) There shall be a Judicial and Legal Service Commission for New Granada.
(2) The members of the Judicial and Legal Service Commission shall be—
(a)the Chief Justice, who shall be Chairman;
(b)such other Justice of the Supreme Court or Justice of Appeal as may be designated by the Governor-General, acting on the recommendation of the Chief Justice, by instrument under the Public Seal;
(c)the Chairman of the Public Service Commission; and
(d)two persons appointed by the Governor-General by instrument under the Public Seal, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.
(3) Subject to the provisions of Article 126 of this Constitution, the office of a member of the Judicial and Legal Service Commission referred to in sub-paragraph (2)(d) of this Article shall become vacant—
(a)at the expiration of three years from the date of his appointment or such earlier time as may be specified in the instrument by which he was appointed;
(b)if he becomes a member of either House.
(4) A person shall not be qualified to be appointed as a member of the Commission under subparagraph (2)(d) of this Article unless he holds or is qualified to hold or has held high judicial office;and a person shall be disqualified for appointment as such if he is a member of either House.
(5) If the office of Chairman of the Judicial and Legal Service Commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be performed by such one of the other members of the Commission as may for the time being be designated in that behalf by the Governor-General, acting on the recommendation of the Chief Justice, or, if he is for any reason incapacitated from making a recommendation, of the other Justice of the Supreme Court or Justice of Appeal who is a member of the Commission.
(6) If at any time one of the members of the Commission referred to in sub-paragraphs (2)(b), (c) or (d) of this Article is for any reason unable to exercise the functions of this office, the Governor-General, in the case of the Chairman of the Public Service Commission, may appoint another member of the Public Service Commission to act as a member, and in the case of a member referred to in sub-paragraphs (2)(b) or (d) of this Article may, acting on the same recommendation as for the appointment of that member, appoint a person who is qualified to be appointed as a member of the Commission to act as a member. Any person so appointed shall, subject to the provisions of sub-paragraphs (3)(b) of this Article and Article 126 of this Constitution, continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the Governor-General, acting as aforesaid.
Appointments, etc. of judicial and legal officers
117.—(1) Subject to the provisions of this Constitution, power to make appointments to public offices to which this Article applies and to remove and to exercise disciplinary control over persons holding or acting in such offices is hereby vested in the Governor-General acting in accordance with the advice of the Judicial and Legal Service Commission.
(2) This Article applies to such public offices for appointment to which persons are required to possess legal qualifications as may be prescribed by Parliament.
PART 5 The Police Service Commission
Establishment and composition of the Police Service Commission
118.—(1) There shall be a Police Service Commission for New Granada which shall consist of a Chairman and two other members appointed by the Governor-General acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, by instrument under the Public Seal.
(2) No person shall be qualified to be appointed as a member of the Police Service Commission if he is a member of either House or a public officer.
(3) Subject to the provisions of Article 126 of this Constitution, the office of a member of the Police Service Commission shall become vacant—
(a)at the expiration of three years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed;
(b)if he becomes a member of either House or a public officer.
(4) If the office of Chairman of the Police Service Commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of that officer or until the person holding that office has resumed those functions, as the case may be, they shall be performed by such one of the other members of the Commission as may for the time being be designated in that behalf by the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.
(5) If the office of a member of the Police Service Commission other than the Chairman is vacant or the holder thereof is for any reason unable to perform the functions thereof, the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may appoint a person who is qualified for appointment as a member of the Commission to act in the office of the member and any person so appointed shall, subject to the provisions of sub-paragraph (3)(b) of this Article and Article 126 of this Constitution, continue so to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, the holder thereof resumes those functions or until his appointment so to act is revoked by the Governor-General, acting as aforesaid.
Appointment of Commissioner of Police and other officers of the Police Force
119.—(1) Power to make appointments to the officers of Commissioner of Police and Deputy Commissioner of Police shall be vested in the Governor-General acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.
(2) Save as provided under paragraph (1) of this Article power to make appointments to offices in the Police Force of or above the rank of Assistant Commissioner of Police is vested in the Governor-General acting on the recommendation of the Prime Minister after consultation with the Police Service Commission.
(3) Save as provided in the preceding paragraphs of this Article, power to make appointments to offices in the Police Force of or above the rank of Inspector is vested in the Governor-General, acting on the advice of the Police Service Commission.
(4) There shall be in the Police Force such number of Police Promotion Boards, each consisting of officers in the Police Force above the rank of Inspector, as may be prescribed by regulations made under this paragraph.
(5) Power to make appointments to offices in the Police Force below the rank of Inspector shall be vested in the Commissioner of Police acting after consultation with a Police Promotion Board.
(6) Power to make postings and appointments on transfer within the Police Force of officers in that Force shall be vested in the Commissioner of Police.
Removal of the Commissioner and Deputy Commissioner of Police
120.—(1) The Commissioner of Police and Deputy Commissioner of Police may be removed from office by the Governor-General but shall not be removed except in accordance with the provisions of paragraph (2) of this Article.
(2) The Commissioner of Police or Deputy Commissioner of Police shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under paragraph (3) of this Article and the tribunal has recommended to the Governor-General that he ought to be removed from office.
(3) If the Prime Minister represents to the Governor-General that the question of removing the Commissioner of Police or Deputy Commissioner of Police from office ought to be investigated, then—
(a)the Governor-General acting in accordance with the advice of the Prime Minister shall suspend the Commissioner of Police or Deputy Commissioner of Police from performing the functions of his office, as the case may be;
(b)the Governor-General shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission, from among persons who hold or have held or are eligible to hold high judicial office; and
(c)the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General whether the Commissioner of Police or Deputy Commissioner of Police ought to be removed from office.
(4) If the question of removing the Commissioner of Police or Deputy Commissioner of Police from office has been referred to a tribunal under paragraph (3) of this Article, the Governor-General shall revoke any such suspension if the tribunal recommends to the Governor-General that the Commissioner of Police or Deputy Commissioner of Police should not be removed from office.
Removal and discipline of members of the Force
121.—(1) Save as provided under Article 120 of this Constitution, power to remove and to exercise disciplinary control over persons holding or acting in the offices of or above the rank of Assistant Commissioner in the Police Force is vested in the Governor-General acting in accordance with the advice of the Police Service Commission after consultation with the Prime Minister.
(2) Save as provided in Article 120 of this Constitution and paragraphs (1) and (3) of this Article, power to remove and exercise disciplinary control over persons holding or acting in offices in the Police Force is vested in the Governor-General acting in accordance with the advice of the Police Service Commission.
(3) The following powers are vested in the Commissioner of Police—
(a)in respect of officers of or above the rank of Assistant Superintendent, the power to administer reprimands;
(b)in respect of Inspectors, the power to exercise disciplinary control other than removal or reduction in rank; and
(c)in respect of officers below the rank of Inspector, the power to exercise disciplinary control including the power of removal.
(4) The Commissioner of Police may, by directions in writing, and subject to such conditions as he thinks fit, delegate to any officer of the Police Force of or above the rank of Inspector any of his powers under sub-paragraph (3)(c) of this Article other than the power of removal; but an appeal from any award of punishment by such officer shall lie to the Commissioner.
(5) Parliament may by law provide that an appeal shall lie to the Governor-General from a decision of the Commissioner of Police to remove or exercise disciplinary control over persons holding or acting in offices in the Police Force in such cases as may be prescribed by such law, and in determining any such appeal the Governor-General shall act in accordance with the advice of the Police Service Commission.
PART 6 Pensions
Protection of pension rights
122.—(1) Subject to the provisions of Articles 123 and 124 of this Constitution, the law applicable to the grant and payment to any officer, or to his widow, children, dependants or personal representatives, of any pension, compensation, gratuity or other like allowance (in this Article and Articles 123 and 124 of this Constitution referred to as an “award”) in respect of the service of that officer in a public office shall be that in force on the relevant date or any later law that is not less favourable to that person.
(2) In paragraph (1) of this Article “the relevant date” means —
(a)in relation to an award granted before 1st March 1971, the date on which the award was granted;
(b)in relation to an award granted or to be granted on or after 1st March 1971 to or in respect of any person who was a public officer before that date, 28th February 1971;
(c)in relation to an award granted or to be granted to or in respect of any person who becomes a public officer on or after 1st March 1971, the date on which he becomes a public officer.
(3) Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law specified by him in exercising the option shall, for the purposes of this Article, be deemed to be more favourable to him than the other law or laws.
(4) Awards granted under any law in respect of service in a public office (not being awards that are a charge upon some other public fund of New Granada) are hereby charged on the Consolidated Fund.
(5) For the purposes of this Article and of Articles 123 and 124 of this Constitution, service as a Justice of the Supreme Court or Justice of Appeal shall be deemed to be service in the Public service.
Grant and withholding of pensions, etc
123.—(1) The power to grant any award under any pensions law for the time being in force in New Granada (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that behalf contained in any such law, to withhold, reduce in amount or suspend any award payable under any such law is hereby vested in the Governor-General.
(2) The power vested in the Governor-General by paragraph (1) of this Article shall be exercised by him on the recommendation of the appropriate Service Commission.
(3) The appropriate Service Commission shall not recommend to the Governor-General that any award for which a person who holds or has held the office of a Justice of the Supreme Court or Justice of Appeal or Auditor-General is eligible shall not be granted, or that any award payable to him shall be withheld, reduced in amount or suspended, on the ground that he has been guilty of misbehaviour unless he has been removed from office by reason of such misbehaviour.
(4) In this Article and in Article 124 of this Constitution “the appropriate Service Commission” means —
(a)in the case of an award that may be granted or is payable to a person who, having been a public officer, was immediately before the date on which he ceased to hold public office serving—
(i)as a Justice of the Supreme Court or Justice of Appeal;
(ii)in any public office to which the provisions of Article 117 of this Constitution applied on that date.
the Judicial and Legal Service Commission; (b)in the case of an award that may be granted or is payable to a person who, having been a public officer, was immediately before the date on which he ceased to hold public office, serving as a member of the Police Force, the Police Service Commission;
(c)in any other case the Public Service Commission.
(5) In this Article “pension law” means any law relating to the grant to any person or to the widow, children, dependants or personal representatives of that person, of an award of any pension, compensation, gratuity or other like allowance in respect of the service of that person in a public office and includes any instrument made under any such law.
Appeals in respect of certain decisions affecting pensions benefits
124.—(1) The provisions of this Article shall have effect for the purpose of enabling an officer or his personal representatives to appeal against any of the following decisions, that is to say:—
(a)a decision of the appropriate Service Commission embodying a recommendation in respect of an officer, under Article 123(2) of this Constitution, not to grant, or to withhold, reduce in amount or suspend, an award;
(b)a decision of any authority to remove an officer from office if the consequence of the removal is that an award cannot be granted in respect of the officer's service in a public office; or
(c)a decision of any authority to take some other disciplinary action in relation to such an officer if the consequence of the action is or in the opinion of the authority might be, to reduce the amount of any award that may be granted in respect of the officer's service in a public office.
(2) Where any such decision as is referred to in paragraph (1) of this Articles is taken by any Commission or authority, the Commission or authority shall cause to be delivered to the officer concerned, or to his personal representatives, a written notice of that decision stating the time, not being less than twenty-eight days from the date on which the notice is delivered, within which he, or his personal representatives, may apply to the Commission or authority for the case to be referred to the Public Service Board of Appeal.
(3) The Board shall inquire into the facts of the case, and for that purpose—
(a)shall, if the applicant so requests in writing, hear the applicant either in person or by a legal representative of his choice, according to the terms of the request, and shall consider any representations that he wishes to make in writing;
(b)may hear any other person who, in the opinion of the Board, is able to give the Board information on the case; and
(c)shall have access to, and shall consider, all documents that were available to the Commission or authority concerned and shall also consider any further document relating to the case that may be produced by or on behalf of the applicant or the Commission or authority.
(4) When the Board has completed its consideration of the case, then—
(a)if the decision that is the subject of reference to the Board is such a decision as is mentioned in sub-paragraph (1)(a) of this Article, the Board shall advise the appropriate Service Commission or authority whether the decision should be affirmed, reversed or modified and the Commission or authority shall act in accordance with that advice; and
(b)if the decision that is the subject of the reference to the Board is such a decision as is referred to in sub-paragraph (1)(b) or (c) of this Article, the Board shall not have power to advise the Commission or authority concerned to affirm, reverse or modify the decision but—
(i)where the officer has been removed from office the Board may direct that there shall be granted all or any part of the award that, under any law, might have been granted in respect of his service in a public office if he had retired voluntarily at the date of his removal and may direct that any law with respect to awards shall in any other respect that the Board may specify have effect as if he had so retired; and
(ii)where some other disciplinary action has been taken in relation to the officer the Board may direct that, on the grant of any award under any law in respect of the officer's service in a public office, that award shall be increased by such amount or shall be calculated in such manner as the Board may specify in order to offset all or any part of the reduction in the amount of that award that, in the opinion of the Board, would or might otherwise be a consequence of the disciplinary action,
and any direction given by the Board under this sub-paragraph shall be complied with notwithstanding the provisions of any other law. (5) If the appeal relates to a case in which the officer exercises his right of appeal to the Board under Article 115(1) of this Constitution, the Board shall first consider his appeal under that Article and only if it decides to affirm the decision or to make some other decision the consequence of which would be to affect the officer's award, shall the Board proceed to consider the officer's appeal under this Article.
(6) For the purposes of this Article—
(a)“legal representative” means a person entitled to practice in New Granada as a Counsel and Attorney of the Supreme Court; and
(b)a notice shall be deemed to have been delivered to an officer one week after it has been posted if, in the case of an officer on pension and resident outside. New Granada whose residential address cannot be ascertained, it has been posted addressed to him at the address to which his pension is being paid.
PART 7 Miscellaneous
Procedure of Commissions
125.—(1) In relation to any Commission established by this Chapter, the Governor-General, acting in accordance with the advice of the Commission, may by regulation or otherwise regulate its procedure and, subject to the consent of the Prime Minister, confer powers and impose duties on any public officer or any authority of the Government for the purpose of the discharge of the functions of the Commission.
(2) At any meeting of any Commission established by this Chapter a quorum shall be constituted if a majority of the members are present; and, if a quorum is present, the Commission shall not be disqualified for the transaction of business by reason of any vacancy among its members or the absence of any member, and any proceedings of the Commission shall be valid notwithstanding that some person who was not entitled so to do took part therein.
(3) Any question proposed for decision at any meeting of any Commission established by this Chapter shall be determined by a majority of the votes of the members thereof present and voting, and if on any such question the votes are equally divided the member presiding shall have and exercise a casting vote.
(4) Any question whether—
(a)any Commission established by this Chapter has validly performed any function vested in it by or under this Chapter;
(b)any person has validly performed any function delegated to him; or
(c)any member of such a Commission or any other person or authority has validly performed any other function in relation to the work of the Commission,
shall not be enquired into in any court.
Removal from office of certain persons
126.—(1) A member of a Commission established under this Chapter 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 Article.
(2) A member of a Commission shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under paragraph (3) of this Article and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.
(3) If the Governor-General, acting in accordance with the advice of the prescribed authority, considers that the question of removing a member of a Commission under this Article ought to be investigated, then—
(a)the Governor-General, acting in accordance with the advice of the prescribed authority shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the Chief Justice, or where the question concerns the Chairman of the Judicial and Legal Service Commission by the President of the Court of Appeal, from among persons who hold or have held or are qualified to hold office as a Justice of the Supreme Court; and
(b)the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the member ought to be removed under this Article.
(4) If the question of removing a member of a Commission has been referred to a tribunal under this Article, the Governor-General, acting in accordance with the advice of the prescribed authority, may suspend that member from the exercise of the functions of his office and any such suspension may be at any time revoked by the Governor-General, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that that member should not be removed.
(5) In this Article—
“Commission” includes the Public Service Board of Appeal; “the prescribed authority” means— (a)in relation to the Public Service Commission or the Judicial and Legal Service Commission, the Prime Minister when the question concerns the Chairman of either of those Commissions, and the Chairman of the Commission concerned when the question concerns any other member of either of those Commissions; and (b)in relation to the Public Service Board of Appeal or the Police Service Commission, the Prime Minister. Public Service
127. In this Constitution references to the public service shall not be construed as including service in—
(a)the office of Governor-General, Prime Minister or other Minister, Parliamentary Secretary, Leader of the Opposition, President and Vice-President of the Senate, Senator, Speaker and Deputy Speaker of the House of Representatives, or member of the House of Representatives;
(b)the office of a member of the Public Service Commission, the Public Service Board of Appeal, the Judicial and Legal Service Commission or the Police Service Commission;
(c)the staff of the Department of Tourism or of any other department or agency of the Government established for special purposes by any law which specifies that offices therein shall not be public offices for the purposes of this Constitution;
(d)the office of a member of any board, committees or other similar body (whether incorporated or not) established by any law in force in New Granada; or
(e)except as otherwise provided in this Constitution the office of a Justice of the Supreme Court, a Justice of Appeal or any office on the personal staff of the Governor-General.
CHAPTER IX FINANCE
Consolidated Fund
128. There shall be in and for New Granada a Consolidated Fund, into which, subject to the provisions of any law for the time being in force in New Granada, shall be paid all revenues of New Granada.
Estimates
129.—(1) The Minister of Finance shall, before the end of each financial year, cause to be prepared annual estimates of revenue and expenditure for public services during the succeeding financial year, which shall be laid before the House of Representatives.
(2) The estimates of expenditure shall show separately the sums required to meet statutory expenditure (as defined in Article 130(7) of this Constitution) and the sums required to meet other expenditure proposed to be paid out of the Consolidated Fund.
Authority for Public Expenditure
130.—(1) The Minister of Finance shall, in respect of each financial year, at the earliest convenient moment before the commencement of that financial year, introduce in the House of Representatives an Appropriation Bill containing, under appropriate heads for the several services required, the estimated aggregate sums which are proposed to be expended (otherwise than by way of statutory expenditure) during that financial year.
(2) Subject to paragraphs (4) and (6) of this Article, the sums set out in the Appropriation Act in respect of a financial year shall represent the limit and extent of the public expenditure for that financial year.
(3) Where any sum is set out in the Appropriation Act in respect of a financial year and at the end of that year there is an unexpended balance of that sum, the unexpended balance shall lapse.
(4) The Minister of Finance may, in case of necessity, from time to time cause to be prepared supplementary estimates of expenditure which shall be laid before and voted on by the House of Representatives.
(5) In respect of all supplementary expenditure voted on by the House of Representatives in pursuance of paragraph (4) of this Article, the Minister of Finance may, at any time before the end of the Financial year, introduce into the House of Representatives a Supplementary Appropriation Bill containing, under appropriate heads, the aggregate sums so voted and shall, as soon as possible after the end of each financial year, introduce into the House of Representatives a final Appropriation Bill containing any such sums which have not yet been included in any Appropriation Bill.
(6) That part of any estimate of expenditure laid before the House of Representatives which shows statutory expenditure shall not be voted on by the House, and such expenditure shall, without further authority of Parliament, be paid out of the Consolidated Fund.
(7) For the purposes of this Article and Article 129 of this Constitution—
(a)“financial year” means any period of twelve months beginning on 1st January in any year or such other date as Parliament may prescribe; and
(b)“statutory expenditure” means expenditure charged on the Consolidated Fund or on the general revenues and assets of New Granada by any provision of this Constitution or of any other law for the time being in force in New Granada.
Withdrawal of money from the Consolidated Fund
131. No sum shall be paid out of the Consolidated Fund except upon the authority of a warrant under the hand of the Minister of Finance or under the hand of some person authorised by him in writing; and sums so issued shall be disposed of for meeting public expenditure authorised under Article 130 of this Constitution or, in the case of statutory expenditure, for the purposes appointed by law.
Withdrawal of money in advance of Appropriation Act
132. Where at any time for any justifiable reason, the Appropriation Bill in respect of any financial year has not come into operation by the beginning of that financial year, the Minister of Finance may, to such an extent and subject to such conditions as may be prescribed, or if no conditions have been prescribed on a resolution to that effect passed by the House of Representatives , issued a warrant for the payment out of the Consolidated Fund or other public funds of New Granada of such sums as he may consider necessary for the continuance of the public service, but a statement of the sums so authorised shall, as soon as practicable, be laid before and voted on by the House of Representatives and the aggregate sums so voted shall be included, under the appropriate heads, in the next Appropriation Bill immediately following.
Contingencies Fund
133.—(1) Parliament may by law provide for the establishment of a Contingencies Fund and may authorise the Minister of Finance to make advances from that Fund if he is satisfied that there is an unforeseen need for expenditure for which no provision or no sufficient provision has been made by an Appropriation Act.
(2) Where any advances are made by virtue of an authorisation conferred under paragraph (1) of this Article, a supplementary estimate of the sums required to replace the amount so advanced shall, as soon as practicable, be laid before and voted on by the House of Representatives and the sums so voted shall be included in a Supplementary appropriation Bill or a Final Appropriation Bill.
Public Debt
134. The Public Debt of New Granada, including the interest on that debt, sinking fund payments and redemption monies in respect of that debt and the costs, charges and expenses incidental to the management of that debt, is hereby charged on the Consolidated Fund.
Remuneration of Governor-General and certain other officers
135.—(1) There shall be paid to the holders of the offices to which this Article applies such salaries and allowances as may be prescribed by or under any law.
(2) The salaries payable to the holders of the offices to which this Article applies are hereby charged on the Consolidated Fund.
(3) The salary and allowances payable to the holder of any office to which this Article applies and his other terms of service shall not be altered to his disadvantage after his appointment, and, for the purposes of this paragraph, in so far as the terms of service of any person depend upon the option of that person, the terms for which he opts shall be taken to be more advantageous to him than any other terms for which he might have opted.
(4) This Article applies to the offices of Governor-General, Justice of the Supreme Court, Justice of Appeal, Auditor-General and member of any Commission established by Chapter VIII of this Constitution or of the Public Service Board of Appeal.
Establishment of office and functions of Auditor-General
136.—(1) There shall be an Auditor-General whose office shall be a public office.
(2) The Auditor-General shall be appointed by the Governor-General, by instrument under the Public Seal, acting on the recommendation of the Public Service Commission made after the Commission has consulted the Prime Minister.
(3) The accounts of the Supreme Court, the Senate, the House of Representatives, all departments and offices of the Government (but excluding the Department of the Auditor-General), the Public Service Commission, the Judicial and Legal Service Commission, the Police Service Commission and all Magistrates' Courts shall, at least once in every year, be audited and reported on by the Auditor-General who, with his subordinate staff, shall at all times be entitled to have access to all books, records, returns and reports relating to such accounts.
(4) The Auditor-General shall submit his reports made under paragraph (3) of this Article without undue delay to the Speaker (or, if the office of Speaker is vacant or the Speaker is for any reason unable to perform the functions of his office, to the Deputy Speaker) who shall cause them to be laid before the House of Representatives without undue delay.
(5) In the exercise of his functions under the provisions of paragraphs (3) and (4) of this Article, the Auditor-General shall not be subject to the direction or control of any other person or authority.
(6) The accounts of the department of the Auditor-General shall be audited and reported on by the Minister of Finance and the provisions of paragraphs (3) and (4) of this Article shall apply in relation to the exercise by that Minister of those functions as they apply in relation to audits and reports made by the Auditor-General.
(7) Nothing in this Article shall prevent the performance by the Auditor-General of—
(a)such other functions in relation to the accounts of the Government and the accounts of other public authorities and other bodies administering public funds in New Granada as may be prescribed by or under any law for the time being in force in New Granada; or
(b)such other functions in relation to the supervision and control of expenditure from public funds in New Granada as may be so prescribed.
(8) The Auditor-General may be removed from office only for inability to discharge the functions thereof (whether arising from infirmity of mind or body or any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of paragraph (9) of this Article.
(9) The Auditor-General shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under paragraph (10) of this Article and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.
(10) If the Prime Minister represents to the Governor-General that the question of removing the Auditor-General 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 Judicial and Legal Service Commission, from among persons who hold or have held or are eligible to hold high judicial office; and
(b)the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether the Auditor-General ought to be removed from office for inability as aforesaid or for misbehaviour.
(11) If the question of removing the Auditor-General from office has been referred to a tribunal under paragraph (9) of this Article, the Governor-General, acting in accordance with the advice of the Public Service Commission, may suspend the Auditor-General from performing the functions of his office and any such suspension may at any time be revoked by the Governor-General, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that the Auditor-General should not be removed from office.
CHAPTER X INTERPRETATION
Interpretation
137.—(1) In this Constitution, unless it is otherwise provided or required by the context—
“Act” or “Act of Parliament” means any law made by Parliament; “New Granada” means The Commonwealth of New Granada; “the Commonwealth” means, save as otherwise prescribed, New Granada, the United Kingdom, Canada, Australia, New Zealand, India, Ceylon, Ghana, Malaysia, Nigeria, Cyprus, Sierra Leone, Tanzania, Jamaica, Trinidad and Tobago, Uganda, Kenya, Malawi, Malta, Zambia, The Gambia, Singapore, Guyana, Lesotho, Botswana, Barbados, Mauritius, Swaziland, Tonga, Fiji, Western Samoa, Nauru, and any dependency of any such country; “election” means an election of a member or members of a Regional Assembly, of a member or members of the House of Representatives, of a member or members of the Senate, or of a person to the office of President, as the context may require; “the Gazette” means the Official Gazette of New Granada; “House” means either the Senate or the House of Representatives or both, as the context may require; “House election” means an election of a member or members of the House of Representatives; “high judicial office” means the office of judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court; “law” includes any instrument having the force of law and any un-written rule of law, and “lawful” and “lawfully” shall be construed accordingly; “Minister” includes a temporary Minister appointed under Article 76 of this Constitution, except in relation to Articles 72, 73, 76 and 86 of this Constitution; “Minister of Finance” means the Minister, by whatever title styled, responsible for Government finance; “oath” includes affirmation; “Parliament” means the Parliament of New Granada; “Parliamentary election” means an election of a member or members of the House of Representatives, of a member or members of the Senate, as the context may require; “the Police Force” means the Police Force established in and for New Granada and maintained under the provisions of the Police Act 1965(4) or any law amending or replacing that Act; “prescribed” means provided by or under an Act of Parliament; “Presidential election” means an election of a person to the office of President, as the context may require; “public office” means, subject to the provisions of paragraph (6) of this Article and Article 127 of this Constitution, any office of emolument in the public service; “public officer” means the holder of any public office and includes any person appointed to act in any such office; “the public service” means, subject to the provisions of Article 127 of this Constitution, the service of the Crown in a civil capacity in respect of the Government of New Granada; “Regional election” means an election of a member or members of a Regional Assembly; “session” means, in relation to a House, the sittings of that House commencing when it first meets after this Constitution comes into operation or after any general election or prorogation of Parliament and terminating when Parliament is prorogued or is dissolved without having been prorogued; “Senate election” means an election of a member or members of the Senate; “sitting” means, in relation to a House, a period during which that House is sitting continuously without adjournment and includes any period during which the House is in committee. (2) For the purposes of this Constitution the territory of New Granada shall comprise all the areas that were comprised therein immediately before 1st March 1971 together with such other areas as Parliament may declare to form part thereof.
(3) For the purposes of Articles 42, 43, 48 and 49 of this Constitution—
(a)“government contract” means, subject to such exceptions as Parliament may prescribe, any contract made with the Government of New Granada or with a department of that Government or with an officer of that Government contracting as such; and
(b)a person shall be deemed to be interested in a government contract if—
(i)subject to such exceptions as Parliament may prescribe, he is a party to such a contract or a partner in a firm or director or manager of a company which is a party to such a contract; or
(ii)he is otherwise interested in such a contract in such manner as Parliament may prescribe.
(4) In this Constitution, unless it is otherwise provided or required by the context—
(a)any reference to the date on which this Constitution comes into operation shall be construed as a reference to the appointed day referred to in section 1(2) of the Order in Council to which this Constitution is scheduled;
(b)any reference to a law (which term shall, without prejudice to the definition in paragraph (1) of this Article, include an Act) shall be construed as including a reference to a law made at any time before this Constitution comes into operation;
(c)any reference to power to make appointments to any office shall be construed as including a reference to power to make appointments on promotion and transfer to that office and to power to appoint a person to act in that office during any period during which it is vacant or the holder thereof is unable (whether by reason of absence or of infirmity of body or mind or any other cause) to perform the functions of that office;
(d)any reference to the holder of an office by a term designating or describing his office shall be construed as including a reference to any person for the time being acting in that office or, to the extent of his authority, otherwise authorised to perform the functions of that office.
(5) Where by this Constitution any person is directed, or power is conferred on any person or authority to appoint a person, to act in or otherwise to perform the functions of an office if the holder thereof is unable to perform the functions of that office, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court on the ground that the holder of the officer is not unable to perform the functions of the office.
(6) For the purposes of this Constitution, a person shall not be considered to hold a public office by reason only that he is in receipt of a pension or other like allowance in respect of public service.
(7) References in this Constitution to the power to remove a public officer from his office shall, subject to the provisions of this Constitution, be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service.
(8) Save as otherwise provided in this Constitution, any provision of this Constitution that vests in any person or authority power to remove any public officer (other than a public officer mentioned in paragraph (9) of this Article) from his office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified therein.
(9) If any circumstances arise that, under the provisions of this Constitution, require the Governor to remove a Justice of the Supreme Court or a Justice of Appeal or the Commissioner of Police, the Deputy Commissioner of Police or the Auditor-General from office for inability to discharge the functions of his office, such removal may be carried out either by dismissing that officer or by requiring him to retire.
(10) Where any power is conferred by this Constitution to make any proclamation, order, rules or regulations or to give any direction, the power shall be construed as including a power exercisable in like manner to amend or revoke any such proclamation, order, rules, regulations or direction.
(11) Any person appointed to an office under any provision in this Constitution may resign that office. Except as otherwise provided in this Constitution such resignation shall be made in writing to the person in whom under this Constitution the power is vested to make appointments to the office concerned.
(12) Where two or more persons are holding the same office by reason of an appointment made in pursuance of paragraph (4) of this Article, then—
(a)for the purposes of any function conferred upon the holder of that office; and
(b)for the purposes of any reference in this Constitution to the absence, illness or inability to perform the functions of his office or the holder of that office,
the person last appointed to the office shall be deemed to be the sold holder of the office.
(13) The Interpretation Act of New Granada and all amendments thereto as in force on 1st March 1971 shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to Acts of Parliament of New Granada.