THE CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND

TOBAGO

Whereas the People of Trinidad and Tobago-

a. have affirmed that the Nation of Trinidad and Tobago is founded upon principles that acknowledge the supremacy of God, faith in fundamental human rights and freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person and the equal and inalienable rights with which all members of the human family are endowed by their Creator;

b. respect the principles of social justice and therefore believe that the operation of the economic system should result in the material resources of the community being so distributed as to subserve the common good, that there should be adequate means of livelihood for all, that labour should not be explited or forced by economic necessity to operate in inhumane conditions byt that there should be apportunity for advancemente on the basis of recongnition of merit, ability an d integrity;

c. have asserted their belief in a democratic society in which all persons may, to the extent of their capacity, play some part in the institutions of the national life and thus develop and maintain due respect for lawfully constituted authority;

d. recognise that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law;

e. desire that their Constitution should enshrine the abovementioned principles and beliefs and make provision for ensuring the protection in Trinidad and Tobago of fundamental human rights and freedoms;

Now, Therefore, the following provisions shall have effect as the Constitution of the Republic of Trinidad and Tobago:

PRELIMINARY

THE STATE

1. 1. The Republic of Trinidad and tobago shall be a sovereign democratic State.

2. Trinidad and Tobago shall comprise the Island of Trinidad, the Island of Tobago and any territories that immediately before the 31st day of August, 1962 were dependencies of Trinidad and Tobago, including the seabed and subsoil situated beneath the territorial sea and the continental shelf of Trinidad and Tobago ("territorial sea" and "continental shelf" here having the same meaning as in the Territorial Sea Act, 1969 and the Continental Shelf Act, 1969, respectively), together with such other areas as may be declared by Act to form part of the territory of Trinidad and Tobago.

No. 38 of 1969

No. 43 of 1969

THE SUPREME LAW

2.- This Constitution is the supreme law of Trinidad and Tobago, and any other law that is inconsistent with this Constitution is void to the extent of the inconsistency.

INTERPRETATION

3.- 1. In this Constitution-

"the Cabinet" means the Cabinet constituted under this Constitution;

"the Commonwealth" means Trinidad and Tobago, any country to which section 18 applies and any dependency of any such country;

"Court" means any court of law in Trinidad and Tobago other than a court martial and shall be construed as including the Judicial Committee;

"financial year" means any period of twelve months beginning on the first day of January in any year or such other date as may be prescribed;

"general election" means a general election of members to serve in the House of Representatives;

"House" means either the House of Representatives or the Senate as the context may require;

"Judge" includes the Chief Justice, a Judge of Appeal and a Puisne Judge;

"Judicial Committee" means the Judicial Committee of the Privy Council established by the Judicial Committee Act, 1833 of the United Kingdom as from time to time emended by any Act of Parliament of the United Kingdom;

1833. Ch. 41

"law" includes any enactment, and any Act or statutory instrument of the United Kingdom that before the commencement of this Constitution has effect as part of the law of Trinidad and Tobago, having the force of law and any unwritten rule of law;

"oath" includes affirmation;

"oath of allegiance" means the oath of allegiance set out in the First Schedule or such other oath as may be prescribed;

"Parliament" means the Parliament of Trinidad and Tobago;

"parliamentary election" means an election of a member or members to serve in the House of Representatives;

"prescribed" means prescribed by or under an Act of Parliament;

"public office" means an 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;

"public service" means subject to the provisions of subsectios (4) and (5), the service of the Government of Trinidad and Tobago in a civil capacity;

"Service Commission" means the Judicial and Legal Service Commission, the Public Service Commission, the Police Service Commission or the Teaching Service Commission;

"session" means, in relation to a House, the sittings of that House commencing when it first meets after this Constitution comes into force or after the prorogation or dissolution of Parliament at any time, and terminating when Parliament is prorogued or is dissolved without having been prorogued;

"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;

"Trinidad and Tobago" has the meaning attributed to that expression in the Trinidad and Tobago Independence Act, 1962;

"the former Constitution" means the Trinidad and Tobago Constitution set out in the Second Schedule to the Trinidad and Tobago (Constitution) Order-in-Council, 1962.

2. In this Constitution-

a. a reference to an appointment to any office shall be construed as including a reference to the appointment of a person to act in or perform the functions of that office at any time when the office is vacant or the holder thereof is unable (whether by reason of absence or infirmity of mind or body or any other cause) to perform the functions of that office; and

b. a reference to the holder of an office by the term designating his office shall be construed as including a reference to any person for the time being lawfully acting in or performing the functions of that office.

3. Where by this Constitution any person is directed, or power is conferred on any person or authority to appoint a person to perform the functions of an office if the holder thereof is unable to perform those functions, 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 office is not unable to perform the functions of the office.

4. For the purposes of this Constitution a person shall not be considered to hold an office in the public service by reason only that-

a. he is in receipt of a pension or other like allowance in respect of public service;

b. he holds the office of-

i. President;

ii. Speaker, President of the Senate, Deputy Speaker or Vice-President of the Senate, Minister, Parliamentary Secretary, member or temporary member of the Senate or member of the Houser of Representatives;

iii. Ombudsman or member of the Integrity Commission or member of any other Commission established by this Constitution;

iv. Judge or member of a Superior Court of Record or any special judicial tribunal established by Act of Parliament or member of the Public Service Appeal Board;

v. member of any board, commission, committee or similar body, whether incorporated or not, established by any enactment;

vi. member of the personal staff of the President.

c. he is-

i. a consultant or adviser appointed for specific purposes; or

ii. a person appointed on contract for a period not exceeding five years.

5. Where Parliament so provides, a person shall not be considered for the purposes of this Constitution or any part of this Constitution to hold office in the public service by reason only that he is the holder of a special office established by or under an Act.

6. Where Parliament so provides, a person shall not be considered for the purposes of this Constitution or any part of this Constitution to hold office in the public service by reason only that he is the holder of a special office established by or under an Act.

7. Any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a Commission established by this Constitution, vest in the Public Service Commission.

8. Nothing in subsection (6) shall be construed as conferring on any person or authority power to require a Judge or the Auditor General to retire from the public service.

9. Where any power is conferred by this Constitution to make any proclamation, order, rules or regulations or to give any directions, the power shal be construed as including a power exerciable in like manner to amend or revoke any such proclamation, order, rules regulations or directions.

CHAPTER 1

THE RECOGNITION AND PROTECTION OF FUNDAMENTAL HUMAN

RIGHTS AND FREEDOMS

PART I

RIGHTS ENSHRINED

RECOGNITION AND DECLARATION OF RIGHTS AND FREEDOMS

4.- It is hereby recognised and declared that in Trinidad and Tobago there have existed and shall continue to exist without discrimantion by reason of race, origin, colour, religion or sex, the following fundamental human rights and freedoms, namely:-

a. the right of the individual to life, liberty, security of the person and enjoyment of property and the right not to be deprived thereof except by due process of law;

b. the right of the individual to equality before the law and the protection of the law;

c. the right of the individual to respect for his private and family life;

d. the right of the individual to equality of treatment from any public authority in the exercise of any functions;

e. the right to join political parties and to express political views;

f. the right of a parent or guardian to provide a school of his own choice for the education of his child or ward;

g. freedom of movement;

h. freedom of conscience and religious belief and observance;

i. freedom of thougt and expression;

j. freedom of association and assembly; and

k. freedom of the press.

PROTECTION OF RIGHTS AND FREEDOMS

5.- 1. Except as is otherwise expressly provided in this Chapter and in section 54, no law may abrogate, abridge or infringe or authorise the abrogation, abridgement or infringement of any of the rights and freedoms hereinbefore recognised and declared.

2. Without prejudice to subsection (1), but subject to this Chapter and to section 54, Parliament may not-

a. authorise or effect the arbitrary detention, imprisonment or exile of any person;

b. impose or authorise the imposition of cruel and unusual treatment or punishment;

c. deprive a person who has been arrested or detained-

i. of the right to be informed promptly and with sufficient particularity of the reason for his arrest or detention;

ii. of the right to retain and instruct without delay a legal adviser of his own choice and to hold communication with him;

iii. of the right to be brought promptly before an appropriate judicial authority;

iv. of the remedy by way of habeas corpus for the determination of the validity of his detention and for his release if the detention is not lawful;

d. authorise a court, tribunal, commission, board or other authority to compel a person to give evidence unless he is afforded protection against self-incrimination and, where necessary to ensure such protection, the right to legal representation;

e. deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations;

f. deprive a person charged with a criminal offence of the right-

i. to be presumed innocent until proved guilty according to law, but this shall not invalidate a law by reason only that the law imposes on any such person the burden of proving particular facts;

ii. to a fair and public hearing by an independent and impartial tribunal or;

iii. to reasonable bail without just cause;

g. deprive a person of the right to the assistance of an interpreter in any proceedings in which he is involved or in which he is a party or a witness, before a court, commission, board or other tribunal, if he does not understand or speak English; or

h. deprive a person of the right to such procedural provisions as are necessary for the purpose of giving effect and protection to the aforesaid rights and freedoms.

PART 2

EXCEPTIONS FOR EXISTING LAW

SAVINGS FOR EXISTING LAW

6.- 1. Nothing in sections 4 and 5 shall invalidate-

a. an existing law;

b. an enactment that repeals and re-enacts an existing law without alteration; or

c. an enactement that alters an existing law but does not derogate from any fundamental right guaranteed by this Chapter in a manner in which or to an extent to which the existing law did not previously derogate from that right.

2. Where an enactment repeals and re-enacts with modifications an existing law and is held to derogate from any fundamental right guaranteed by this Chapter in a manner in which or to an extent to which the existing law did not previously derogate from that right then, subject to sections 13 and 54 , the provisions of the existing law shall be substituted for such of the provisions of the enactment as are held to derogate from the fundamental right in a manner in which or to an extent to which the existing law did not previously derogate from that right.

3. In this section-

"alters" in relation to an existing law, includes repealing that law and re-enacting it with modifications or making different provisions in place of it or modifying it;

"existing law" means a law that had effect as part of the law of Trinidad and Tobago immediately before the commencement of this Constitutions, and includes any enactment referred to in subsection (1);

"right" includes freedom.

PART 3

EXCEPTIONS FOR EMERGENCIES

EMERGENCY POWERS

7.- 1. Without prejudice to the power of Parliament to make provision in the premise, but subject to this section, where any period of public emergency exists, the President may, due regard being had to the circumstances of any situation likely to arise or exist during such period make regulations for the purpose of dealing with that situation and issue orders and instructions for the purpose of the exercise of any powers conferred on him or any other person by any Act referred to in subsection (3) or instrument made under this section or any such Act.

2. Without prejudice to the generality of subsection (1) regulations made under that subsection may, subject to section 11, make provision for the detention of persons.

3. An Act that is passed during a period of public emergency and is expressly declared to have effect only during that period or any regulations made under subsection (1) shall have effect even though inconsistent with sections 4 and 5 except in so far as its provisions may be shown not to be reasonably justifiable for the purpose of dealing with the situation that exists durign that period.

PERIOD OF PUBLIC EMERGENCY

8.- 1. Subject to this section, for the purposes of this Chapter, the President may from time to time make a Proclamation declaring that a state of public emergency exists.

2. A Proclamation made by the President under subsection (1) shall not be effective unless it contains a declaration that the President is satisfied-

a. that a public emergency has arisen as a result of the imminence of a state of war between Trinidad and Tobago and a foreign State;

b. that a public emergency has arisen as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence or of infectious disease, or other calamity whether similar to the foregoing or not; or

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

GROUNDS FOR, AND INITIAL DURATION OF PROCLAMATION

9.- 1. Within three days of the making of the Proclamation, the President shall deliver to the Speaker for presentation to the House of Representatives a statement setting out the specifie grounds on which the decision to declare the existence of a state of public emergency was based, and a date shall be fixed for a debate on this statement as soon as practicable but in any event not later that fifteen days from the date of the Proclamation.

2. A Proclamation made by the President for the purposes of and in accordance with this section shall, unless previously revoked, remain in force for fifteen days.

EXTENSION OF PROCLAMATION

10.- 1. Before its expiration the Proclamation may be extended from time to time by resolution supported by a simple majority vote of the House of Representatives, so however, that no extension exceeds three months and the extensions do not in ths aggregate exceed six months.

2. The Proclamation may be further extended from time to time for not more than three months at any one time, by a resolution passed by both Houses of Parliament and supported by the votes of not less that three-fifths of all the members of each House.

3. The Proclamation may be revoked at any time by a resolution supported by a simple majority vote of the House of Representatives.

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

a. Trinidad and Tobago is engaged in any war; or

b. there is in force a Proclamation by the President declaring that a state of public emergency exists; or

c. there is in force a resolution of both Houses of Parliament supported by the votes of not less than two-thirds of all the members of each House declaring that democratic institutions in Trinidad and Tobago are threatened by subversion.

DETENTION OF PERSONS

11.- 1. Where any person who is lawfully detained by virtue only of such an Act or regulations as is referred to insection 7 so requests at any time during the period of that detention and thereafter not earlier than six months after he last made such a request during that period, his case shal be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among the persons entitled to practise in Trinidad and Tobago as barristers or solicitors.

2. On any review by a tribunal in pursuance of subsection (1) 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 otherwise provided by law, that authority shall not be obliged to act in accordance with such recommendations.

PUBLICATION

12.- 1. Where at any time it is impracticable or inexpedient to publish in the Gazette any Proclamation, Notice, Regulation or Order in pursuance of this Part, the President may cause the same to be published by notices thereof affixed to public buildings or distributed amongst the public or by oral public announcements.

2. Upon the publication of any Proclamation under this part all such detention orders, curfew orders or other instruments, directions or instructions as are authorised to be made, issued or given by any regulations referred to in section 7 may be made, issued or given and executed upon any person or authority, even if such regulations have not yet been published pursuant to subsection (1).

PART 4

EXCEPTIONS FOR CERTAIN LEGISLATION

ACTS INCONSISTENT WITH SECTIONS 4 AND 5

13.- 1. An Act to which this section applies may expressly declare that it shal have effect even though inconsistent with sections 4 and 5 and, if any such Act does so declare, it shal have effect accordingly unless the Act is shown not to be reasonably justificable in a society that has a proper respect for the rights and freedoms of the individual.

2. An Act to which this section applies is one the bill for which has been passed by both Houses of Parliament and at the final vote thereon in each House has been supported by the votes of not less than three-fifths of all the members of that House.

3. For the purposes of subsection (2) the member of members of the Senate shall, notwithstanding the appointment of temporary members in accordance with section 44, be deemed to be the number of members specified in section 40(1).

PART 5

GENERAL

ENFORCEMENT OF THE PROTECTIVE PROVISIONS

14.- 1. For the removal of doubts it is hereby declared that if any person alleges that any of the provisions of this Chapter has been, is being, or is likely to be contravened in relation to him, then without prejudice to any other actionwith respect to the same matter which is lawfully available, that person may apply to the High Court for redress by way of originating motion.

2. The High Court shall have original jurisdiction-

a. to hear and determine any application made by any person in pursuance of subsection (1), and

b. to determine any question arising in the case of any person which is referred to it in pursuance of subsection (4),

and may, subject to subsection (3), 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 this Chapter to the protection of which the person concerned is entitled.

No. 17 of 1966

3. The State Liability and Proceedings Act, 1966 shall have effect for the purpose of any proceedings under this section.

4. Where in any proceedings in any court other than the High Court or the Court of Appeal any question arises as to the contravention of any of the provisions of this Chapter the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the High Court unless in his opinion the raising of the question is merely frivolous or vexatious.

5. Any person aggrieved by any determination of the High Court under this section may appeal therefrom to the Court of Appeal and shall be entitled as of right to a stay of execution of the order and may in the discretion of the Court be granted bail.

6. Nothing in this section shall limit the power of Parliament to confer on the High Court or the Court of Appeal such powers as Parliament may think fit in relation to the exercise by the High Court or the Court of Appeal, as the case may be, of its jurisdiction in respect of the matters arising under this Chapter.

CHAPTER 2

CITIZENSHIP

CONTINUATION OF CITIZENSHIP OF CITIZENS UNDER SECTION 9 OF FORMER CONSTITUTION

15.- Any person who became a citizen by birth under section 9(1) or a citizen by descent under section 9(2) of the former Constitution and who has not ceased to be a citizen under that Constitution, shall continue to be a citizen under this Constitution.

CONTINUATION OF CITIZENSHIP OF CITIZENS BY REGISTRATION, NATURALIZATION, ETC.

16.- Any person who became a citizen of Trinidad and Tobago by virtue of registration under the former Constitution or by virtue of an acquisition of citizenship under Part II of the Trinidad and Tobago Citizenship Act, 1962, and who has not ceased to be a citizen under any law in force in Trinidad and Tobago shall continue to be a citizen under this Constitution.

No. 11 of 1962

ACQUISITION OF CITIZENSHIP BY BIRTH OR DESCENT. CONTINUATION OF CITIZENSHIP. RETROSPECTIVE CITIZENSHIP

17.- 1. Subject to subsection (2), every person born in Trinidad and Tobago after the commencement of this Constitution shall become a citizen of Trinidad and tobago at the date of his birth.

2. A person shall not become a citizen of Trinidad and Tobago by virtue of subsection (1), if at the time of his birth-

a. neither of his parents is a citizen of Trinidad and Tobago and either of them possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to Trinidad and Tobago; or

b. either of his parents is an enemy alien and the virth occurred in a place then under occupation by the enemy.

3. A person born outside Trinidad and Tobago after the commencement of this Constitution shall become a citizen of Trinidad and Tobago at the date of his vith if at that date either of his parents is, or was, but for his parent's death, a citizen of Trinidad and Tobago otherwise than by descent, so however that, in the case of a person employed in service under the Government or under an authority of the Government that requires him to reside outside Trinidad and tobago for the proper discharge of his functions, this subsection shall be read as if the words "otherwise than by descent" were deleted.

4. Any person who became a citizen by bith under section 12(1) or citizen by descent under section 12(2) of the former Constitution and who has not ceased to be a citizen under that Constitution, shall continue to be a citizen under this Constitution.

5. A person born outside Trinidad and Tobago after the 30th August, 1962 whose mother was a citizen of Trinidad and Tobago otherwise than by descent at the date of his birth but who did not become a citizen at that date shall be deemed to have become a citizen at that date and shall continue to be a citizen of Trinidad and Tobago under this Constitution.

COMMONWEALTH CITIZENS

18.- 1. Every person who under this Constitution or any Act of Parliament is a citizen of Trinidad and Tobago or, under any law for the time being in force in any country to which this section applies, is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen.

2. Every person who is a British subject without citizenship under the British Nationality Act, 1948 of the United Kingdom or who continues to be a British subject under section 2 of that Act or who is a British subject under the British Nationality Act, 1965 of the United Kingdom shall, by virtue of that status, have the status of a Commonwealth citizen.

11 and 12 Geo. VI c. 56

3. The countries to which this section applies are Australia, the Bahamas, Bangladesh, Barbados, Botswana, Canada, Cyprus, Fiji, the Gambia, Ghana, Grenada, Guyana, India, Jamaica, Kenya, Lesotho, Malawi, Malaysia, Malta, Mauritius, Nauru, New Zealand, Nigeria, Sierra Leone, Singapore, Sri Lanka, Swaziland, Tanzania, Tonga, Uganda, United Kingdom and Colonies, Western Samoa and Zambia.

4. The President may from time to time, by Order subject to affirmative resolution of the Senate and the House of Representatives amend subsection (3) by adding any Commonwealth country thereto or by deleting any Commonwealth country therefrom.

CRIMINAL LIABILITY OF COMMONWEALTH CITIZENS POWERS OF

19.- 1. A Commonwealth citizen who is not a citizen of Trinidad and Tobago, or a citizen of the Republic of Ireland who is not a citizen of Trinidad and Tobago, shall not be guilty of any offence against any law in force in Trinidad and Tobago by reason of anything done or omitted in any part of the Commonwealth other than Trinidad and Tobago or in the Republic of Ireland or in any foreign country unless-

a. the act or omission would be and offence if he were an alien; and

b. in the case of an act or omission in any part of the Commonwealth or in the Republic of Ireland, it would be an offence if the country in which the act was done or the omission made were a foreign country.

2. In this section "foreign country" means a country (other than the Republic of Ireland) that is not part of the Commonwealth.

20.- Parliament may make provisions relating to cirizenship including provision-

a. for the acquisition of citizenship of Trinidad and Tobago by persons who are not or do not become citizens of Trinidad and Tobago by virtue of the provisions of this Chapter;

b. for depriving of his citizenship of Trinidad and Tobago any citizen of Trinidad and Tobago but only on the acquisition of citizenship of some other country in the case of a citizen by birth or descent; or

c. for the renunciation by any person of his citizenship of Trinidad and Tobago.

21.- 1. In this Chapter-

"alien" means a person who is not a Commonwealth citizen, a British protected person or a citizen of the Republic of Ireland;

"British protected person" means a person who is a British protected person for the purposes of the British Nationality Act, 1948 of the United Kingdom;

"citizen by birth" means a person-

a. who is a citizen of Trinidad and Tobago under section 17(1); or

b. who became a citizen of Trinidad and Tobago under section 9(1) or 12(1) of the former Constitution;

"citizen by descent" means a person-

a. who is a citizen of Trinidad and Tobago under section 17(3) or any enactment; or

b. who became a citizen of Trinidad and Tobago under section 9(2) or 12(2) of the former Constitution.

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

CHAPTER 3

THE PRESIDENT

ESTABLISHMENT OF OFFICE AND ELECTION OF PRESIDENT

22.- There shall be a President of Trinidad and Tobago elected in accordance with the provisions of this Chapter who shall be the Head of State and Commander-in-Chief of the armed forces.

QUALIFICATIONS AND DISQUALIFICATIONS FOR OFFICE OF PRESIDENT

23.- 1. A person is qualified to be nominated for election as President if, and is not so qualified unless, he is a citizen of Trinidad and Tobago of the age of thirty-five years or upwards who at the date of his nomination has been ordinarily resident in Trinidad and Tobago for ten years immediately preceding his nomination.

2. For the purposes of subsection (1) a person shall be deemed to reside in Trinidad and Tobago if he holds an office in the service of the Government of Trinidad and Tobago and lives outside Trinidad and Tobago because he is required to do so for the proper discharge of his functions.

3. A person is not qualified to be nominated for election as President who is disqualified for election as a memeber of the House of Representatives by virtue of section 48(1) or any law made under section 48(2).

OTHER CONDITIONS OF OFFICE

24.- 1. Where a member of the Senate or the House of Representatives is elected as President, his seat in the Senate or the House of Representatives respectively, shall thereupon become vacant.

2. Except in the case of a person acting as, or performing the functions of PResident under section 27, but subject to sections 44(2) and 56(8), the President shall not hold any other office of emolument or profit whether in the public service or otherwise.

3. The salary and allowances of a President and his other terms of service shall not be altered to his disadvantage after he has assumed office.

TRANSITIONAL PROVISION

25.- 1. The person holding the office of Governor-General of Trinidad and Tobago at the commencement of this Constitution shall hold the office of President under this Constitution until a President is elected under the provisions of this Chapter and assumes office.

2. Where at any time between the appointed day and the election of the first President of the Senate under section 45, the President under subsection (1) is for any reason unable to perform the functions of President then, until the President under subsection (1) is again able to perform his functions as President those functions shall be performed by the person who last held the office of President of the Senate under the former Constitution.

HOLDING OF ELECTIONS FOR PRESIDENT

26.- 1. The Speaker of the House of Representatives shall be responsible for the holding of elections for President.

2. The date of every election under this section shall be announced in the Gazette by the Speaker within such number of days in advance as may be prescribed.

3. An election for President shall be held not more than one hundred and twenty daus nor less than ninety days after the first sitting of the House of Representatives under this Constitution and the President who is so elected shall assume office on the expiration of thirty days next after his election.

4. Thereafter, an election for President shall be held not more than sixty days nor less than thirty days before the expiration of the term of that office.

5. Ehere the office of President becomes vacant under section 34 before the expiration of the term of that office prescribed by section 33, an election shall be held to fill the vacancy within ninety days of the occurrence of the vacancy.

6. Where the date for the assumption of office of a President falls on a Sunday or public holiday the President shall assume office on the next following day that is not a Sunday or public holiday.

7. Where the time limited for holding an election for President under section (3), (4) or (5) has not been complied with, Parliament may make provision for an extension of the period during which elections may be held.

WHERE OFFICE VACANT

27.- 1. Where the office of President si vacant or the President is incapable of performing his functions as President by reason of his absence from Trinidad and Tobago or by reason of illness, the President of the Senate shall act temporarily as President.

2. Where the President of the Senate is for any reason unable to act as President under subsection (1) or section 36(2) the functions of President shall be performed by Speaker.

3. Where the Speaker is for any reason unable to perform the functions of President under subsection (2), the Vice-President of the Senate shall perform those functions, so however that a meeting of the Electoral College shall be held, upon the summons of the Deputy Speaker giving at least forty-eight hours notice thereof, within seven days of the Vice-President of the Senate commencing to perform the functions of President for the purpose of holding an election of a person to fill the vacancy in the office of President under section 26(5), or of a person to act temporarily as President during such period as the President is incapable of performing his functions.

4. Upon his election to fill the vacancy in the office of President under section 26(5) or to act temporarily as President during such period as the President is incapable of performing his functions in accordance with subsection (3) the person shall immediately assume office.

ELECTORAL COLLEGE

28.- 1. There shall be an Electoral College for the purposes of this Chapter which shall be a unicameral body consisting of all the members of the Senate and all the members of the House of Representatives assembled together.

2. The Electoral College shall be convened by the Speaker.

3. The Speaker shall preside as Chairman over tha proceddings of the Electoral College and shall have an original vote.

4. Subject to this Chapter, the Electoral College may regulate its own procedure and may make provision for the postponement or adjournment of its meetings and such other provisions as may be necessary to deal with difficulties that may arise in the carrying out of elections under this Chapter.

5. Ten Senators, the Speaker and twelve other members of the House of Representatives shall constitute a quorum of the Electoral College.

MODE OF ELECTIONS

29.- The President shall be elected by the Electoral College voting by secret ballot.

NOMINATION OF CANDIDATES

30.- A person shall not be a condidate for election as President unless he is nominated for election by a nomination paper which-

a. is signed by him and by twelve or more members of the House of Representatives; and

b. is delivered to the Speaker at least seve days before the election.

PROCEDURE FOR BALLOTING

31.- 1. The candidate who is unopposed or who obtains the greatest number of the votes cast shall be declared elected.

2. Where the votes cast for two or more candidates are equally divided the Speaker shall have and exercise a casting vote.

DETERMINATION OF QUESTIONS AS TO ELECTION

32.- 1. Subject to subsection (2), an instrument which-

a. in the case of an uncontested election for the office of President is signed and sealed by the Speaker and states that a person named in the instrument was the only person nominated for the election and was in consequence declared elected; or

b. in the case of a contested election is signed and sealed by the Speaker and states that a person named in the instrumed was declared elected at that meeting in consequence of the ballot,

shall be conclusive evidence that the person so named was so elected, and no question as to the validity of the election of the person so named shall be inquired into in any court.

2. The Court of Appeal shall have exclusive jurisdiction to hear and determine any question as to the validity of an election of a President in so far as that question depends upon the qualification of any person for election or the interpretation of this Chapter, and the decision of that Court under this subsection shall be final.

3. Parliament may make privisions with respect to the persons by whom, the manner in which and the conditions upon which the proceedings under subsection (2) may be instituted in the Court of Appeal and subject to any provisions so made, provisions may be made with respect to these matters by rules of court. Until such provisions or rules are made the procedure for moving the Court of Appeal shall be by way of a representation petition.

TERM OF OFFICE

33.- 1. Subject to this section and to sections 34 and 36, a President elected at an election under section 26(3) or (4) shall hold office for a term of five years.

2. Parliament may make privision for the postponement of the date of expiration of the term of office of the President under subsection (1), for a period not exceeding four months, in order to avoid the holding of an election for that office during a period of dissolution of Parliament or at a time too close to the beginning or to the end of such a period.

3. Where for any reason at the date on which the term of office of the President is due to expire under subsection (1) or (2) there is no person entitled by election under section 26(4) to fill the office of President upon its expiration, the current term of that office shall continue until thirty days after a person is electd to the office of President whereupon the current term of that office shall expire.

4. Where a person is elected to fill a vacancy in the office of President in an election under section 26(5) he shall hold office only for the unexpired portion of the term of office of his predecessor.

VACATION OF OFFICE

34.- The office of President shall become vacant before the expiration of the term of his office as prescribed by section 33 where-

a. the person holding that office dies or resigns the office by writing signed by him addressed to the House of Representatives and delivered to the Speaker; or

b. he is removed from office under section 36.

REMOVAL FROM OFFICE

35.- The President may be removed from office under section 36 where-

a. he wilfully violates any provision of the Constitution;

b. he behaves in such a way as to bring his office into hatred, ridicule or contempt;

c. he behaves in a way that endangers the security of the State; or

d. because of physical or mental incapacity, he is unable to perform the functions of his office.

PROCEDURE FOR REMOVAL FROM OFFICE

36.- 1. The President shall be removed from office where-

a. a motion that his removal from office should be investigated by a tribunal is prosed in the House of Representatives;

b. the motion states with full particulars the grounds on which his removal from office is proposed, and is signed by not less than one-third of the total membership of the House of Representatives;

c. the motion is adopted by the vote of not less than two-thirds of the total membership of the Senate and the House of Representatives assembled together;

d. a tribunal consisting of the Chief Justice and four other Judges appointed by him, being as far as practicable the most senior Judges, investigate the complaint and report on the facts to the House of Representatives;

e. the Senate and the House of Representatives assembled together on the summons of the Speaker consider the report and by resolution supported by the votes of not less than two-thirds of the total membership of the Senate and the House of Representatives assembles together declare that he shall be removed from office.

2. Where a motion is adopted as is provided for in subsection (1)(a), (b) and (c) the President shall cease to perform any of his functions as President and the President of the Senate shall act temporarily as President.

3. The procedure of the tribunal shall be such as is precribed, but, subject to such procedure, the tribunal may regulate its own procedure.

4. Upon the adoption of the resolution in accordance with subsection (1)(c) the office shall become vacant.

OATH FIRST SCHEDULE

37.- 1. A President shall before entering upon the duties of his office take and subscribe the oath of office set out in the First Schedule, such oath being administered by the Chief Justice or such other Judge as may be designated by the Chief Justice.

2. Subsection (1) shall apply to any person required under this Constitution to perform the functions of the office of President as it applies to a person electes as such.

IMMUNITIES OF PRESIDENT

38.- 1. Subject to section 36, the President shall not be answerable to any court for the performance of the functions of his office or for any act done by him in the performance of those functions.

2. Without the fiat of the Director of Public Prosecutions, no criminal proceedings shall be instituted or continued against the President in any court during his term of office and no process for the President's arrest or imprisonment shall be issued from anu court or shall be executed during his term of office.

3. No civil proceedings in which relief is claimed against the President shall be instituted during his term of office in any court in respect of any act done by him in his personal capacity whether before or after he entered the office of President, except on the condition specified in subsection (4).

4. The condition referred to in subsection (3) is that two months must elapse after a notice in writing has been served on him either by registered post or by being left at his office stating the nature of the proceedings, the cause of action, the name, description and address of the party instituting the proceedings and the relief claimed.

5. A period of limitation prescribed by law shall not run in favour of the President in respect of a civil action during the period of two months after a notice in respect of that action has been served on him under subsection (4).

CHAPTER 4

PARLIAMENT

PART 1

COMPOSITION OF PARLIAMENT

ESTABLISHMEN 1

ESTABLISHMENT OF PARLIAMENT

39.- There shall be a Parliament of Trinidad and Tobago which shall consist of the President, the Senate and the House of Representatives.

THE SENATE

COMPOSITION OF SENATE

40.- 1. The Senate shall consist of thirty-one members (in this Constitution referred to as "Senators") who shall be appointed by the President in accordance with this section.

2. Of the thirty-one Senators-

a. sixteen shall be appointed by the President acting in accordance with the advice of the Prime Minister;

b. six shall be appointed by the President acting in accordance with the advice of the Leader of the Opposition; and

c. nine shall be appointed by the President in his discretion from outstanding persons from economic or social or community organizations and other major fields of endeavour.

QUALIFICATIONS FOR APPOINTMENT AS SENATOR

41.- Subject to section 42, 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 Trinidad and Tobago of the age of twenty-five years or upwards.

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 Trinidad and Tobago having become such a citizen voluntarily or is under a declaration of allegiance to such a country;

b. is a member of the House of Representatives,

c. is an undischarged bankrupt having been adjudged or otherwise declared bankrupt under any law in force in Trinidad and Tobago;

d. is mentally ill, within the meaning of the Mental Health Act, 1975;

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e. is under sentence of death imposed on him by a court or is serving a sentence of imprisonment, by whatever name called, exceeding twelve months imposed on him by a court o substituted by competent authority for some other sentence imposed on him by a court, or is under such a sentence of imprisonment the execution of which has been suspended;

f. is disqualified for membership of the House of Representatives by virtue of any law in force in Trinidad and Tobago by reason of his having been convicted of any offence relating to elections; or

g. is not qualified to be registered as an elector at a Parliamentary election under any law in force in Trinidad and Tobago.

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

a. his holding or acting in any office or appointment, either individually or by reference to a class of office or appointment;

b. his belongig to any of the armed forces of the State or to any class of person 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 subsection (1)(e)-

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. Every Senator shall vacate his seat in the Senate at the next dissolution of Parliament after his appointment.

2. A Senator shall also vacate his seat in the Senate where-

a. he is absent from the sittings of the Senat for such period and in such circumstances as may be prescribed inthe rules of procedure of the Senate;

b. with his consent, he is nominated as a candidate for election to the House of Representatives, or he is elected to be a member of the House of Representatives;

c. he ceases to be a citizen of Trinidad and Tobago;

d. subject to the provisions of subsection (3) any circumstances arise that, if he were not a Senator, would cause him to be disqualified for appointment as such by virtue of subsection (1) of section 42 or any law enacted in pursuance of subsection (2) of that section; or

e. the President, acting in accordance with the advice of the Prime Minister in the case of a Senator appointed in accordance with that advice, or in accordance with the advice of the Leader of the Opposition in the case of a Senator appointed in accordance with that advice, or in his discretion in the case of a Senator appointed by him in his discretion, declares the seat of that Senator to be vacant.

3. Where circumstances such as are referred to in subsection (2)(d) arise because a Senator is under sentence of death or imprisonment, is mentally ill, declared bankrupt or convicted of an offence relating to elections, and where it is open to the Senator to appeal against the decision, either with the leave of acourt or other authority or without such leave, he shall forthwith cease to perform his functions as a Senator, so however that, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter.

4. The President of the Senate may, 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.

5. Where on the determination of an appeal, such circumstances continue to exist and no further appeal is open to the Senator, or where, by reason of the expiration of any period for entering an appeal or notice therof 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.

6. Where at any time before the Senator vacates his seat, such circumstances as are mentioned in this section cease to exist, his seat shall not become vacant on the expiration of the period referred to insubsection (3) and he may resume the performance of his functions as a Senator.

APPOINTEMENT OF TEMPORARY SENATORS

44.- 1. Where a Senator has temporarily vacated his office under subsection (2) or is incapable of performing his functions a Senator by virtue of the priisions of section 43(3) or by reason of-

a. his absence from Trinidad and Tobago, or

b. illness,

the President may appoint a person qualified for appointment as a Senator to be temporarily a member of the Senate during such vacation of office, suspension, absence or illness.

2. Where the President of the Senate or the Vice-President of the Senate is acting as, or temporarily performing the functions of, President in accordance with section 27 then, without prejudice to the power of the Prime Minister, the Leader of the Opposition, or the President, as the case may be, with respect to appointments under section 40(2), the person holding the office of President of the senate or Vice-President of the Senate shall vacate that office temporarily during such period as he is acting as, or temporarily performing the functions of, President.

3. Section 43(1) and (2) shall apply in relationto a person appointed under this section as they apply in relation to a Senator, except that paragraph (d) of the said subsection (2) shall apply as if it were not expressed to be subject to subsection (3) of the said section 43, and an appointemen made under this section shall in any case cease to have effect if the person appointed is notified by the President that the circumstances giving rise to his appointment have ceased to exist.

4. in the exercise of the powers conferred upon him by this section the President shall act-

a. in accordance with the advice of the Prime Minister in relation to a Senator appointed in pursuance of section 40(2)(a);

b. in accordance with the advice of the leader of the opposition in relation to a Senator appointed in pursuance of section 40(2)(b); and

c. in accordance with his own judgement in relation to a Senator appointed by him pursuant to section 40(2)(c).

PRESIDENT AND VICE-PRESIDENT OF THE SENATE

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

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

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

4. A person shall vacate the office of President of the Senate or Vice-President of the Senate where-

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

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

c. he announces the resignation of his office to the Senate or where, by writing under his hand addressed, in the case of the President of the Senate, to the Clerk of the Senate, and in the case of the Vice-President of the Senate to the president of the Senate (or, where the office of President of the Senate is vacant or the President of the Senate is absent from Trinidad and Tobago, to the Clerk of the Senate), he resigns that office.

5. Where, by virtue of section 43(3) the President of the Senate or Vice-President of the Senate is required to cease to perform his functions as a Senator he shall also cease to perform his functions as President of the Senate or Vice-President of the Senate 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 of the Senate by the Vice-President of the Senate or if the office of Vice-President of the Senate is vacant or the Vice-President of the Senate is required to cease to perform his functions as a Senator by virtue of section 43(3) 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 of the Senate by such Senator not being a Minister or Parliamentary Secretary, as the Senate may elect for the purpose.

6. Where the President of the Senate or Vice-President of the Senate resumes the performance of his functions as a Senator, in accordance with the provisions of section 43(6) he shall also resume the performance of his functions as President of the Senate or Vice-President of the Senate, as the case may be.

THE HOUSE OF REPRESENTATIVES

COMPOSITION OF HOUSE OF REPRESENTATIVES

46.- 1. Subject to the provisions of this section, the House of Representatives shall consist of members who shall be elected in the manner provided by Parliament.

2. There shall be thirty-six members of the House of Representatives or such other number of members as corresponds with the number of constituencies as provided for by an Order made by the President under section 72.

3. Where any person who is not a member of the House of Representatives is elected to be Speaker of the House he shall, by virtue of holding the office of Speaker, be a member of the House in addition to the thirty-six or other number of members aforesaid.

QUALIFICATIONS FOR ELECTION AS MEMBER

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

a. is a citizen of Trinidad and Tobago of the age of eighteen years or upwards, and

b. has resided in Trinidad and Tobago for a period of two years immediately before the date of his nomination for election or is domiciled and resident in Trinidad and Tobago at that date.

DISQUALIFICATIONS FOR ELECTION AS MEMBER

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

a. is a citizen of a country other than Trinidad and Tobago having become such a citizen voluntarily, or is under a declaration of allegiance to such a country;

b. is an undischarged bankrupt having been adjudged or otherwise declared bankrupt under any law in force in Trinidad and Tobago;

c. is mentally ill, within the meaning of the Mental Health Act, 1975;

No. 30 of 1975

d. is under sentence of death imposed on him by a court or is serving a sentence of imprisonment (by whatever name caller) exceeding twelve months imposed on him by a court or substituted by competent authority for same other sentence imposed on him by a court, or is under such a sentence of imprisonment the execution of which has been suspended;

e. is disqualified for membership of the House of Representatives by any law in force in Trinidad and Tobago 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;

f. is disqualified for membership of the House of Representatives by virtue of any law in force in Trinidad and Tobago by reason of his having been convicted of any offence relating to elections; or

g. is not qualified to be registered as an elector at a Parliamentary election under any law in force in Trinidad and Tobago.

2. Parliament may provide that, subject to such exceptions and limitations, if any, as may be prescribed, a person may be disqualified for membership of the House of Representatives by virtue or-

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

b. his belonging to any of the armed forces of the State or to any class of person 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 paragraph (d) of subsection (1)-

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

49.- 1. Every member of the House of Representatives shall vacate his seat in the House at the next dissolution of Parliament election.

2. A member of the House of Representatives shall also vacate his seat in the House where-

a. he resings it by writing under his hand addressed to the Speaker, or where the office of Speaker is vacant or the Speaker is absent from Trinidad and Tobago, to the Deputy Speaker;

b. 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;

c. he ceases to be a citizen of Trinidad and Tobago;

d. subject to the provisions of subsection (3), any circumstances arise that, if he were not a member of the House of Representatives, would cause him to be disqualified for election thereto by virtue of subsection (1) of section 48 or any law enacted in pursuance of subsection (2) of that section.

3. Where circumstances such as are referred to in paragraph (d) of subsection (2) arise because any member of the House of Representatives is under sentence of death or imprisonment, is mentally ill, declared bankrupt or convicted of an offence relating to elections, and where 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 so however, that subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter.

4. The Speaker may, 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.

5. Where on the determination of any appeal, such circumstances continue to exist and no futher appeal is open to the member, or where, by reason of the expiration of any period fo 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.

6. Where at any time before the member of the House vacates his seat such circumstances as are mentioned inthis section cease to exist his seat shall not become vacant on the expiration of the period referred to insubsection (3) 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, it shall elect a person to be the Speaker of the House; and if the office of Speaker falls vacant at any time before the next dissolution of Parliament, the House shall, as soon as practicable, elect another person to that office.

2. The Speaker may be elected either from among the members of the House of Representatives who are not Ministers or Parliamentary Secretaries or subject to subsection (3), from among persons who are not members of either House.

3. A person who is not a member of either House shall not be elected Speaker where-

a. he is not a citizen of Trinidad and Tobago; or

b. he is a person disqualified for election as a member of th House of Representatives by virtue of subsection (1) of section 48 or any law enacted in pursuance of subsection (2) of that section.

4. When the House of Representatives first meets after any general election and before it proceeds to the despatch of any other business except the election of the Speaker, the House shall elect a member of the House, who is not a Minister or a Parliamentary Secretary, to be Deputy Speaker of the House; and if th office of Deputy Speaker falls vacant at any time before the next dissolutionof Parliament, the House shall, as soon as practicable, elect another such member to that office.

5. A person shall vacate the office of Speaker or Deputy Speaker-

a. in the case of a Speaker elected from among the members of the House of Representatives or in the case of the Deputy Speaker-

i. where he ceases to be amember of the House, so however that the Speaker shall not vacate his office by reason only that he has ceased to be a member of the House ib a dissolution of Parliament, until the House first meets after that dissolution;

ii. where he is appointed to be a Minister or a Parliamentary Secretary;

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

i. when the House first meets after any dissolution of Parliament;

ii. where the ceases to be a citizen of Trinidad and Tobago; or

iii. where any circumstances arise that would cause him to be disqualified for election as a member of the House by virtue of subsection (1) of section 48 or any law enacted in pursuance of subsection (2) of that section;

c. where he announces the resignation of his office to the House of Representatives or if by writing under his han 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 Trinidad and Tobago, to the Clerk of the House, he resigns that office; or

d. in the case of the Deputy Speaker, where he is elected to be Speaker.

6. Where, by virtue of section 49(3) the Speaker or Deputy Speaker is requird to cease to perform his functions as a member of the House of Representatives or where, in the case of the Speaker, by reason of circumstances referred to in subsection (8), ha has temporarily vacated his office, he shall also cease to perform his functions as Speaker or Deputy Speaker, as the case may be, and those functions shall, until he vacates his seat in the House or resumes the performance of the functions of his office, be performed-

a. in the case of the Speaker, by the Deputy Speaker or, if the office of Deputy Speaker is vacnat or the Deputy Speaker is required to cease to perform his functions as a member of the House of Representatives by virtue of section 49(3) by such member of the House, 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 memeber of the House not being a Minister of Parliamentary Secretary, as the House may elect for the purpose.

7. Where the Speaker or Deputy Speaker resumes the performance of his functions as a member of the House, in accordance with the provisions of section 49(3) he shall also resume the performance of his functions as Speaker or Deputy Speaker, as the case may be.

8. Where the Speaker is acting as or performing the functions of President under section 27, he shall vacate the office of Speaker temporarily during such period as he is acting as, or temporarily performing the functions of, President.

QUALIFICATIONS OF VOTERS

51.- Subject to such disqualifications as Parliament may prescribe, a person shall be qualified to vote at an election of member to serve in the House of Representatives if, and shall not be qualified to vote at such an election unless, he-

a. is a Commonwealth citizen (within the meaning of section 18) of the age of eighteen years or upwards; and

b. has such other qualifications regarding residence or registration as may be prescribed.

GENERAL

DETERMINATION OF QUESTIONS AS TO MEMBERSHIP

52.- 1. any question whether:-

a. any person has been validly appointed as a Senator or validly elected as a member of the House of Representatives;

b. any Senator or member of the House of Representatives has vacated his seat or is rquired, under the provisions of section 43(3) or section 49(3) to cease to exercise any of his functions as a Senator or as a member of the House of Rerpesentatives; or

c. any person has been validly elected as Speaker of the House of Representatives from among persons who are not Senators or members of the House of Representatives,

shall be determine by the High Court.

2. Proceedings for the determination of any question referred to in subsection (1) shall not be instituted except with the leave of a Judge of the High Court.

3. An appeal shall lie to the Court of Appeal from-

a. the decision of a Judge of the High Court granting or refusing leave to institute proceedings for the determination of any question referred to in subsection (1);

b. the determination by the High Court of any such question.

4. No appeal shall lie from any decision of the Court of Appeal given in an appeal brought in accordance with subsection (3).

PART 2

POWERS, PRIVILEGES AND PROCEDURE OF PARLIAMENT

POWER TO MAKE LAWS

53.- Parliament may make laws for the peace, order and good government of Trinidad and Tobago, so however that the provisions of this Constitution or (in so far as it forms part of the law of Trinidad and Tobago) the Trinidad and nidad and Tobago Independence Act, 1962 of the United Kingdom may not be altered except in accordance with the provisions of section 54.

ALTERATION OF THIS CONSTITUTION

54.- 1. Subject to the provisions of this section, Parliament may alter any of the provisions of this Constitution or (in so far as it forms part of the law of Trinidad and Tobago) any of the provisions of the Trinidad and Tobago Independence Act, 1962.

2. In so far as it alters-

a. section 4 to 14, 20(b), 21, 43(1), 53, 58, 67(2), 70, 83, 101, to 108, 110, 113, 116 to 125 and 133 to 137; or

b. section 3 in its application to any of the provisions of this Constitution specified in paragraph (a),

a Bill for an Act under this section shall not be passed by Parliament unless at the final vote thereon in each House it is supported by the votes of not less than two-thirds of all the members of each House.

3. In so far as it alters-

a. this section;

b. sections 22, 23, 24, 26, 28 to 34, 38 to 40, 46, 49(1), 51, 55, 61, 63, 64, 68, 69, 71, 72, 87 to 91, 93, 96(4) and (5), 97, 109, 115, 138, 139 or the Second and Third Schedules;

c. section 3 in its application to any of the provisions specified in paragraph (a) or (b); or

d. any of the provisions of the Trinidad and Tobago Independence Act, 1962,

a Bill for an Act under this section shall not be passed by Parliament unless it is supported at the final vote thereon-

i. in the House of Representatives by the votes of not less than three-fourths of all the members of the House; and

ii. in the Senate by the votes of not less than two-thirds of all the members of the Senate.

4. For the purposes of subsections (2) and (3) the number of members of the Senate shall, even though circumstances requiring the appointment of temporary members in accordance with section 44(1) have arisen, continue to be the number of members specified in section 40(1).

5. No Act other than an Act making provision for any particular case or class of case, inconsistent with provisions of this Constitution, not being those referred to in subsections (2) and (3), shall be construed as altering any of the provisions of this Constitution, or (in so far as it forms part of the law of Trinidad and Tobago) any of the provisions of the Trinidad and Tobago Independence Act, 1962, unless it is stated in the Act that it is an Act for that purpose.

6. In this section references to the alteration of any of the privisions of this Constitution or the Trinidad and Tobago Independence Act, 1962, include references to repealing it, with or without re-enactment thereof or the making of different provisions in place thereof or the making of provision for any particular case or class of case inconsistent therewith, to modifying it and to suspending its operation for any period.

PRIVILEGES AND IMMUNITIES OF PARLIAMENT

55.- 1. Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of the Senate and House of Representatives, there shall be freedom of speech in the Senate and House of Representatives.

2. No civil or criminal proceedings may be instituted against any member of either House for words spoken before, or written in a report to, the House of which he is a member or in which he has a right of audience under section 62 or a committee thereof or any joint committee or meeting of the Senate and House of Representatives or by reason of any matter or thing brought by him therein by petition, bill, resolution, motion or otherwise; or for the publication by or under the authority of either House of any report, paper, votes or proceedings.

3. In other respects, the powers, privileges and immunities of each House and of the members and the committees of each House, shall be such as may from time to time be prescribed by Parliament after the commencement of this Constitution and until so defined shall be those of the House of Commons of the Parliament of the United Kingdom and of its memebers and committees at the commencement of this Constitution.

4. A person called to give any evidence before either House or any committee shall enjoy the same privileges and immunities as a member of either House.

REGULATION OF PROCEDURE IN EACH HOUSE

56.- 1. Subject to the privisions of this Constitution, each House may regulate its own procedure.

2. Each House may act notwithstanding any vacancy in its membership (including any vacancy not filled when the House first meets after the commencement of this Constitution or after any disolution of Parliament), 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.

OATH OF ALLEGIANCE

57.- No member of either House shall take part in the proceedings of that House (other than proceedings necessary for the purposes of this section) until he has made and subscribed before that House the oath of allegiance, so however, that the election of a Speaker and Deputy Speaker of the House of Representatives and the election of a President of the Senate and Vice-President of the Senate may take place before the members of the House of Representatives, or the members of the Senate, as the case may be, have made and subscribed such oath.

PRESIDING IN SENATE AND HOUSE OF REPRESENTATIVES

58.- 1. The President of the Senate or, in his absence, the Vice-President of the Senate or, where they are both absent, a Senator, not being a Minister or a 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, where they are both absent, a member of the House of Representatives, not being a Minister or a Parliamentary Secretary, elected by the House for that sitting shall preside at each sitting of the House.

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

VOTING

59.- 1. Save as otherwise privided in this Constitution, all questions proposed for decision in either House shall be determined by a mojority of the vores of the members thereof present and voting.

2. The President of the Senate or other member presiding in the Senate shall not vote unless on any question the votes are equally divide, in which case he shall have and exercise a casting vote.

3. The Speaker or other member presiding in the House of Representatives shall not vote unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote.

QUORUM

60.- 1. A quorum of the House of Representatives shall consist of twelve members of the House and a quorum of the Senate shall consist of ten Senators, so however that the person presiding at the sitting of either House shall not be included inreckoning whether there is a quorum of that House present.

2. Where at any sitting of either House any member of the House who is present draws the attention of the person presiding at the sitting of the absence of a quorum and, after such interval as may be prescribed by that House, the person presiding at the sitting ascertains that a quorum of the House is still not present the House shall be adjourned.

MODE OF EXERCISING LEGISLATIVE POWER

61.- 1. Subject to the provisions of this Constitution, the power of Parliament to make laws shall, except where otherwise authorised by statute, be exercised by Bills passed by the House of Representatives and the Senate and assented to by the President.

2. When a bill is presented to the President for assent, he shall signify that he assents or that he withholds assent.

3. A Bill shall not become law unless it has been duly passed and assented to in accordance with this Constitution.

4. A Bill may be assented to during the period occurring between the end of one session of Parliament and the beginning of the next or at any subsequent time during the life of that Parliament.

ATTENDANCE OF MINISTERS IN EITHER HOUSE

62.- 1. A Minister who is a Member of the House of Representatives and a Minister who is a Senator-

a. has the right to attend any sitting of the Senate or the House of Representatives, respectively,

b. may be required at the instance of the President of the Senate or the Speaker to attend any sitting of Senate or the House of Representatives, respectively.

2. A Minister may not be required to attend any sitting of either House under subsection 1(b) except on the adoption by that House of a motion for the purpose.

3. A Minister attending any sitting of the Senate or the House of Rerpesentatives under subsection (1) may take part in any debate or other proceedings concerning matters falling within his portfolio in such House and may speak on any motionbefore the House concerning such matters and move amendments to any such motions, save that such a Minister shall have no vote thereon.

4. Nothing in this section shall preclude the Attorney General from attending any sitting of the Senate or the House of Representatives, as the case may be, and taking part in debetes and other proceedings and speaking on any motion before any such House, as the case may be, and moving amendments to any such motions even though the matter falls within the portfolio of some other Minister.

INTRODUCTION OF BILLS, ETC.

63.- 1. A Bill other than a Money Bill may be introduced in either House; a Money Bill shall not be introduced in the Senate.

2. Except on the recommendation or with the consent of the Cabinet neither House shall-

a. proceed upon any Bill, including any amendment to a Bill, which, in the opinion of the person presiding, makes provision for any of the following purposes-

i. for imposing or increasing any tax;

ii. for imposing or increasing any charge on the revenues or other funds of Trinidad and Tobago or for altering any such charge otherwise than by reducing it; or

iii. for compounding or remitting any debt due to Trinidad and Tobago;

b. proceed upon any motion, including any amendment to a motion, the effect of which, in the opinion of the person presiding, would be to make provision for any of the purposes aforesaid; or

c. receive any petition which, in the opinion of the person presiding, requests that provisions be made for any of the purposes aforesaid.

RESTRICTIONS ON POWERS OF SENATE AS TO MONEY BILLS

64.- 1. Where 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 the Senate, the Bill shall, unless the House of Representatives otherwise resolves, be presented to the President for 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 President for assent in pursuance of subsection (1), the certificate of the Speaker signed by him that it is a Money Bill and that the provisions of that subsection have been complied with.

RESTRICTIONS ON POWERS OF SENATE AS TO BILLS OTHER THAN MONEY BILLS

65.- 1. Where 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 session 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 President for assent notwithstanding that the Senate has not consented to the Bill.

2. Nothing in subsection (1) shall have effect until at least six 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 that House in the second session.

3. For the purposes of this section 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 emendments which have been made by the Senate in the former Bill in the preceding session.

4. The House of Representatives may, if it thinks fit, on the passage through that 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 affect the operation of this section in the event of the rejection of the Bill in the Senate.

5. For the purposes of this section a Bill shall be deemed to be rejected by the Senate where-

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

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

6. There shall be inserted in any Bill that is presented to the President for assent in pursuance of this section any amendments that are certified by the Speaker to have been made in the Bill by the Senate in the second session and agreed to by the House of Representatives.

7. There shall be endorsed on any Bill that is presented to the President for assent in pursuance of this section the certificate of the Speaker signed by him that the provisions of this section have been complied with.

8. The provisions of this section shall not apply to a Bill for an Act which is required by section 13 or section 54 to be supported at the final vote thereon in the Senate by the votes of not less than three-fifths or two-thirds respectively of all the members of the Senate.

PROVISIONS RELATING TO SECTION 63, 64 AND 65

66.- 1. In sections 63, 64 and 65 "Money Bill2 means a public Bill which, in the opinion of the Speaker, contains only provisions dealing with all or any of the following matters, namely:-

a. the imposition, repeal, remission, alteration or regulation of taxation;

b. the imposition, for the payment of debt or other financial purposes, of charges on public money or the variation or repeal of any such charges;

c. the grant of money to the State or to any authority or person, or the variation or revocation of any such grant;

d. the appropriation, receipt, custody, investment, issue or audit of accounts of public money;

e. 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

f. subordinate matters incidental to any of the matters referred to in this subsection.

2. In subsection (1) the expressions "taxation", "debt", "public money" and "loan" do not include any taxation imposed, debt incurred or money provided or loan raised by any local authority or body for local purposes.

3. Where the office of Speaker is vacant or the Speaker is for any reason unable to perform any function conferred upon him by section 64 or 65 or subsection (1) that function may be performed by the Deputy Speaker.

4. A certificate of the Speaker or the Deputy Speaker under section 64 or 65 shall be conclusive for all purposes and shall not be questioned in any court.

5. Before giving any certificate under section 64 or 65 the Speaker or the Deputy Speaker, as the case may be, shall consult the Attorney General or, if the Attorner General is absent from the seat of government, such legal officer in the Ministry of Legal Affairs as the Attorney General may designate for that purpose.

PART 3

SUMMONING, PROROGATION AND DISSOLUTION

SESSIONS OF PARLIAMENT

67.- 1. Each session of Parliament shall be held at such place within Trinidad and Tobago and shall commence at such time as the President may by Proclamation appoint.

2. There shall be a session of each House once at least in every year, so that a period of six months shall not intervene between the last sitting of Parliament in one session and the first sitting thereof in the next session.

PROROGATION AND DISSOLUTION OF PARLIAMENT

68.- 1. The President, acting in accordance with the advice of the Prime Minister, may at any time prorogye or dissolve Parliament.

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

3. At any time when Trinidad and Tobago is at war, Parliament may extend the period of five years specified in subsection (2) for not more than twelve months at a time; so however that the life of Parliament shall not be extended under this subsection for more than five years.

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

GENERAL ELECTION AND APPOINTMENT OF SENATORS

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

2. As soon as practicable after every general election, the President shall proceed under section 40 to the appointment of Senators.

3. Where a vacancy occurs in the House of Representatives within the first four years of the Life of the Parliament a bye-election shall be held to fill such vacancy.

PART 4

ELECTIONS AND BOUNDARIES COMMISSION

CONSTITUENCIES

70.- 1. Trinidad and Tobago shall be divided into thirty-six constituencies or such other number as may be provided for by an Order made by the President in accordance with the provisions of this Part and each such constituency shall return one member to the House of Representatives.

2. Not less than two such constituencies shall be in the Island of Tobago.

ELECTIONS AND BOUNDARIES COMMISSION

71.- 1. There shall be an Elections and Boundaries Commission for Trinidad and Tobago (in this Part referred to as "the Commission2).

2. The members of the Commission shall be a Chairman and not less than two nor more than four other members.

3. The Chairman and other members of the Commission shall be appointed by the President, after consultation with the Prime Ministe and the Leader of the Opposition.

4. A person shall not be qualified to hold office as a member of the Commission who is a Minister, a Parliamentary Secretary, a member of the House of Representatives, a Senator, a temporary member of the Senate, or a public officer.

5. Subject to the provisions of this section, a member of the Commission shall vacate his office-

a. at the expiration of five years from the date of his appointment, but is eligible for re-appointment; or

b. where any circumstances arise, that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.

6. Three members of the Commission shall constitute a quorum.

7. Where there is a quorum, the Commission shall not be disqualified for the transaction of business by reason of any vacancy among its members, and any proceeding of the Commission shall be valid even though some person who was not entitled so to do took part therein.

8. The Commission may regulate its own procedure.

9. The Commission shall be provided with a staff adequate for the efficient discharge of its functions.

10. The salaries and allowances of the staff of the Commission shall be a charge on the Consolidated Fund.

11. The registration of voters and the conduct of elections in every constituency shall be subject to the direction and supervision of the Commission.

12. In the exercise of its functions under this section the Commission shall not be subject to the direction or control of any other person or authority.

PROCEDURE FOR REVIEW OF CONSTITUENCY BOUNDARIES

72.- 1. The Commission shall, in accordance with the provisions of this section, review the number and boundaries of the constituencies into which Trinidad and Tobago is divided and submit to the Primer Minister and the Speaker for presentation to the House of Representatives in accordance with this section reports either-

a. showing the constituencies into which it recommends that Trinidad and Tobago should be divided in order to give effect to the rules set out in the Second Schedule; or

b. stating that, in the opinion of the Commission, no alteration is required to the existing number or boundaries of constituencies in order to give effect to the said rules.

2. Reports under subsection (1) shall be submitted by the Commission not less than two nor more than five years from the dare of the submission of its last report.

3. As soon as may be after the Commission has submitted a report under subsection (1)(a) the Minister designated by the Prime Minister for this purpose (in this section called "the Minister") shall lay before the House of Representatives for its approval the draft of an Order by the President for giving effect, whether with or without modifications. to the recommendations contained inthe report, and that draft may make provision for any matters which appear to the Minister to be incidental to or consequential upon the other provisions of the draft.

4. Where any draft made under this section gives effect to any such recommendations with modifications, the Minister shall lay before the House of Representatives together with the draft a statement of the reasons for the modifications.

5. Where the motion for the approval of any draft made under this section is rejected by the House of Representatives, or is withdrawn by leave of that House, the Minister shall amend the draft and lay the amended draft before the House of Representatives.

6. Where any draft made under this section is approved by resolution of the House of Representatives, the Minister shall submit it to the President who shall make the Order 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 President in accordance with the provisions of this section, shall have the force of law.

7. The question of the validity of any Order by the President purporting to be made under this section and reciting that a draft thereof has been approved by resolution of the House of Representatives shall not be enquired into in any court.

PART 5

SYSTEM OF BALLOTING

SYSTEM OF BALLOTING

73.- 1. The election of members of the House of Representatives shall be by secret ballot and in accordance with the first-past-the-post system.

2. For the purposes of subsection (1), the votes shall be cast in ballot boxes of a design calculated to ensure their efficiency and reliability.

CHAPTER 5

EXECUTIVE POWERS

EXECUTIVE AUTHORITY OF TRINIDAD AND TOBAGO

74.- 1. The executive authority of Trinidad and Tobago shall be vested in the President and, subject to this Constitution, may be exercised by him either directly or through officers subordinate to him.

2. Without prejudice to the generality of subsection (1), the supreme command of the armed forces of Trinidad and Tobago shall be vested in the President and the exercise of this power shall be regulated by law.

3. Nothing in this section shall prevent Parliament fromconferring functions on persons or authorities other than the President.

THE CABINET

75.- 1. There shall be a Cabinet for Trinidad and Tobago which shall have the general direction and control of the government of Trinidad and Tobago and shall be collectively responsible therefor to Parliament.

2. The Cabinet shall consist of the Primer Minister and such number of other Ministers (of whom one shall be the Attorney General), appointed in accordance with the provisions of section 76, as the Prime Minister may consider appropriate.

APPOINTMENT OF MINISTERS

76.- 1. Where there is accasion for the appointmen of a Prime Minister, the President shall appoint as Prime Minister-

a. a member of the House of Representatives who is the Leader in that House of the party which commands the support of the majority of members of that House; or

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

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

2. The Attorney General shall, subject to section 79, be responsible for the administration of legal affairs in Trinidad and Tobago and legal proceedings for and against the State shall be taken-

a. in the case of civil proceedings, in the name of the Attorney General;

b. in the case of criminal proceedings, in the name of the State.

3. The Ministers other than the Prime Minister shall be such persons as the President, acting in accordance with the advice of the Prime Minister, shall appoint from among the members of the House of Representatives and the Senators.

4. Where occasion arises for making an appointment to the office of Prime Minister while Parliament is dissolved, a person who, at the time of the appointment, is a Minister, may be appointed as Prime Minister.

5. Where occasion arises for making and appointment to the office of Minister while Parliament is dissolved, a person who immendiately before the dissolution, was a Senator or a member of the House of Representatives may be appointed Minister.

TENURE OF OFFICE OF MINISTERS

77.- 1. Where the House of Representatives passes a resolution, supported by the votes of a majority of all the members of the House, declaring that it has no confidence in the Prime Minister and the Prime Minister does not within seven days of the passing of such resolution either resign or advise the president to dissolve parliament, the president shall revoke the appointment of the Prime Minister.

2. The Prime Minister shall also vacate his office-

a. when after any dissolution of Parliament he is informed by the President that the President is about to re-appoint him as Prime Minister or to appoint another person as Prime Minister; or

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

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

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

b. where 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;

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

4. Where at any time the Prime Minister is required under the provisions of section 49(3) to cease to perform his functions as a member of the House of Representatives, he shall cease during such time to perform any of his functions as Prime Minister.

5. Where at any time a Minister other than the Prime Minister is required under section 43(3) or section 49(3) to cease to perform his functions as a member of the House to which he belongs, he shall cease during such time to perform any of his functions as Minister.

PERFORMANCE OF FUNCTIONS OF PRIME MINISTER DURING ABSENCE, ILLNESS OR SUSPENSION

78.- 1. Where the Prime Minister is absent from Trinidad and Tobago or is unable by reason of illness or of the provisions of section 77(4) to perform the functions conferred on him by this Constitution, the President may authorise some other memeber of the Cabinet ot perform those functions (other than the functions conferred by subsection (2) and that member may perform those functions until his authority is revoked by the President.

2. The powers of the President under this section shall be exercised by him in accordance with the advice of the Prime Minister, save that where the President considers that it is impracticable to obtain the advice of the Prime Minister owing to his absence or illness, or where the Prime Minister is unable to tender advice by reason of the provisions of section 77(4) the President may exercise those powers without the advice of the Prime Minister.

ALLOCATION OF PORTFOLIOS TO MINISTERS

79.- 1. The President, acting in accordance with the advice of the Prime Minister, may, by directions in writing, assign to the Prime Minister or any other Minister responsibility for any business of the government of Trinidad and Tobago, including the administration of any department of government.

2. Where a Minister is incapable of performing his functions by reason of his absence from Trinidad and Tobago or by reason of illness the President, acting in accordance with the advice of the Prime Minister, may appoint a member of the House of Representatives or a Senator to act in the office of such Minister during such absence or illness.

EXERCISE OF PRESIDENT'S FUNCTIONS

80.- 1. In the exercise of his functions under this Constitution or any other law, the President shall act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet, except in cases where other provision is made by this Constitution or such other law, and, without prejudice to the generality of this exception, in cases where by this Constitution or such other law he is required to act-

a. in his discretion;

b. after consultation with any person or authority other than the Cabinet; or

c. in accordance with the advice of any person or authority other than the Cabinet.

2. Where by this Constitution the President is required to act in accordance with the advice of, or after consultation with, any person or authority, the question whether he has in any case so acted shall not be enquired into in any court.

3. Without prejudice to any other case in which the President is authorised or required to act in his discretion, the President shall act in accordance with his own deliberate judgment in the performance of the following functions-

a. in the exercise of the power to appoint the Prime Minister conferred upon him by section 76(1) or (4);

b. in the exercise of the powers conferred upon him by section 78 (which relates to the performance of the functions of the Prime Minister during absence, illness or suspension) in the circumstances described in the proviso to subsection (2) of that section;

c. in the exercise of the power to appoint the Leader of the Opposition and to revoke any such appointment conferred upon him by section 83.

PRESIDENT TO BE INFORMED CONCERNING MATTERS OF GOVERNMENT

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

PARLIAMENTARY SECRETARIES

82.- 1. The President, acting in accordance with the advice of the Prime Minister, may appoint Parliamentary Secretaries from among the Senators and members of the House of Representatives to assist Ministers in the performance of their duties.

2. Where 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 a Parliamentary Secretary.

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

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

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

c. where the President, acting in accordance with the advice of the Prime Minister, so directs.

LEADER OF THE OPPOSITION

83.- 1. There shall be an office of Leader of the Opposition and appointments thereto shall be made by the President.

2. The President shall, if the person concerned is willing to be appointed, appoint as Leader of the Opposition the member of the House of Representatives who, in his judgment is best able to command the support of the gratest number of members of the House of Representatives who do not support the Government.

3. The office of Leader of the Opposition shall become vacant where-

a. he resigns his office;

b. the holder thereof ceases to be a member of the House of Representatives for any cause other than a dissolution of Parliament;

c. he is not a member of the House of Representatives when the House of Rerpesentativaes first meets after a dissolution of Parliament;

d. by virtue of section 49(3) he is required to cease to exercise his functions as a member of the House of Rerpesentatives;

e. he is appointed to the office of Prime Minister; or

f. his appointment is revoked under the provisions of subsection (4).

4. Where in the judgment of the President, the Leader of the Opposition is no longer the member of the House of Representatives best able to command the support of a majority of those members of the House of Representatives who do not support the Government, the President shall revoke the appointment of the Leader of the Opposition.

5. Nothing in subsection (4) shall apply while Parliament is dissolved.

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

OATHS TO BE TAKEN BY MINISTERS, ETC.

84.- A Minister or a Parliamentary Secretary shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and oath for the due execution of his office.

PERMANENT SECRETARIES

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

2. For the purposes of this section:-

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

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

CONSTITUTION OF OFFICES, ETC.

86.- Subject to the provisions of this Constitution and of any enactment, the President may constitute offices for Trinidad and Tobago, make appointments to any such office and terminate any such appointment.

POWER OF PARDON, ETC.

87.- 1. The President may grant to any person a pardon, either free or subject to lawful conditions, respecting any offences that he may have committed. The power of the President under this subsection may be exercised by him either before or after the person is charged with any offence and before he is convicted thereof.

2. The President may-

a. grant to any person convicted of any offence against the law of Trinidad and Tobago a pardon, either free or subject to lawfun conditions;

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

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

d. remited the whole or any part of any sentence passed for such an offence or any penalty or forfeiture otherwise due to the State on account of such an offence.

3. The power of the President under subsection (2) may be exercised by him in accordance with the advice of a Minister designated by him, acting in accordance with the advice of the Prime Minister.

ADVISORY COMMITTEE ON POWER OF PARDON

88.- There shall be an Advisory Committee on the Power of Pardon which shall consist of-

a. the Minister referred to in section 87(3) who shall be Chairman;

b. the Attorney General;

c. the Director of Public Prosecutions;

d. not more than four other members appointed by the President, after consultation with the Prime Minister and the Leader of the Opposition.

FUNCTIONS OF ADVISORY COMMITTEE

89.- 1. Where an offender has been sentenced to death by any court for an offence against the law of Trinidad and Tobago, the Minister shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or else-where as the Minister may require, to be taken into consideration at a meeting of the Advisory Committee.

2. The Minister may consult with the Advisory Committee before tendering any advice to the President under section 87(3) in any case not falling within subsection (1).

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

4. The Advisory Committe may regulate its own procedure.

5. In this section "the Minister" means the Minister referred to in section 87(3).

CHAPTER 6

THE DIRECTOR OF PUBLIC PROSECUTIONS AND THE OMBUDMAN

PART 1