-
(c) is disqualified for membership
of the House of Assembly by any law enacted in pursuance of paragraph
(2) of this Article;
-
-
(d) has been adjudged or otherwise
declared bankrupt under any law in force in The Bahamas and has not been
discharged;
-
-
(e) is a person certified to be
insane or otherwise adjudged to be of unsound mind under any law in
force in The Bahamas;
-
-
(f) is under sentence of death
imposed on him by a court in The Bahamas,
-
or is serving a sentence of
imprisonment (by whatever name called)
-
exceeding
twelve months imposed on him by such a court or substituted
-
by competent
authority for some other sentence imposed on him
by
-
such a court, or is under such a sentence of imprisonment the
-
execution of which has been suspended;
-
-
(g) is disqualified for membership
of the House of Assembly by any law in
-
force in The Bahamas by reason of
his holding, or acting in, any
-
office the function
of which involve-
-
-
(i) any responsibility for, or in
connection with, the conduct of any
-
election; or
-
-
(ii) any responsibility for the
compilation or revision of any electoral
-
register;
-
-
(h) is disqualified for membership
of the House of Assembly by virtue of
-
any law in force in The Bahamas by
reason of his having been convicted of
-
any offence
relating to elections;
-
-
(i) is a Senator; or
-
-
(j) is interested in any government
contract and has not disclosed the nature
-
of such contract and of his
interest therein by publishing a notice in the
-
Gazette
within one month before the day of election.
-
- (2)
Parliament may by law provide
that, subject to such exceptions and limitations (if any) as may be
prescribed therein, a person shall be disqualified for
member ship of the House of Assembly by virtue of-
-
-
(a) his holding or acting in any
office or appointment specified (either individually
-
or by reference to
a class of office or appointment) by such law;
-
-
(b) his belonging to any armed force
of The Bahamas or to any class or person
-
so specified that is comprised
in any such force; or
-
-
(c) his belonging to any police
force or to any class of person that is comprised
-
in any such force.
-
- (3)
For the purposes of sub-paragraph (1)(f) of this
Article-
-
-
(a) two or more sentences of
imprisonment that are required to be served
-
consecutively shall be
regarded as separate sentences if none of those
-
sentence
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.
-
- 49. (1) Every member of the House
of Assembly shall vacate his seat in the House-
-
-
(a) upon a dissolution
of Parliament;
-
-
(b) if he resigns it by writing
under his hand addressed to the Speaker or, if
-
the office of Speaker is
vacant or the Speaker is absent from The
-
Bahamas, to the
Deputy Speaker;
-
-
(c) if he is absent from the sitting
of the House for such period and in such
-
circumstances as may be
prescribed in the rules of procedure of the
-
House;
-
-
(d) if he ceases to be a citizen of
The Bahamas;
-
-
(e) subject to the provisions of
paragraph (2) of this Article, if any
-
circumstances arise that, if he
were not a member of the House, would
-
cause him to be
disqualified for election as such by virtue of
-
sub-paragraph (a), (b),
(c), (d), (e), (f), (g), or (h) of Article 48(1) of this
-
Constitution;
or
-
-
(f) if he becomes interested in any
government contract:
-
-
Provided that-
-
-
(i) if in the circumstances it
appears to the House or Assembly may
-
exempt any member of the House from
vacating his seat under the
-
provisions of this
sub-paragraph, if that member, before becoming
-
interested in such
contract as aforesaid or as soon as practicable
-
after becoming so
interested, discloses to the House the nature of
-
such contract and his
interest therein;
-
-
(ii) if proceedings are taken under
a law made under Article 51 of his
-
Constitution to determine whether a
member of the House has
-
vacated his seat under the
provisions of this sub-paragraph he shall
-
be declared by the court not
to have vacated his seat if he
-
establishes to the
satisfaction of the court that he, acting
-
reasonably, was not aware that
he was or had become interested in
-
such contract; and
-
-
(iii) no proceedings under the
preceding sub-paragraph shall be instituted
-
by any person other than a
Senator or member of the House of
-
Assembly.
-
-
(2) If circumstances such as are
referred to in sub-paragraph (1)(e) of this Article arise because any
member of the House is under sentence of death or
imprisonment, declared bankrupt, adjudged to be of unsound mind or
convicted of a offence relating to election and it is open
to the member to appeal against the decision (either with the leave of a
court or other authority or without such leave), he shall
forthwith cease to perform his function as a member of the House but,
subject to paragraph (3) of this Article, he shall not vacate
his seat until the expiration of a period of thirty days thereafter:
-
Provided that the Speaker may, at the request of the member, from
time to time extend that period for further periods of thirty days to enable the member
to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one
hundred any fifty days shall not be given without the approval,
signified by resolution, of the House of Assembly.
-
-
(3) If, on the determination any
appeal, such circumstances continue to exist and no further appeal is
open to the member, or if, by reason of the expiration of any
period for entering an appeal or notice thereof or the refusal of leave
to appeal or of any other reason, it ceases to be open
to the member to appeal, he shall forthwith vacate his seat.
-
- (4)
If at any time before the ember
vacates his seat such circumstances as aforesaid cease to exist, his
seat shall not become vacant on the expiration of the
period referred to in paragraph 82) of this Article and he may resume
the performance of his function as a member of the House.
-
- 50. (1) When the House of Assembly
first meets after any general election and before it proceeds to the
dispatch of any other business, the House shall, in
accordance with such procedure as may be prescribed by the rules of
procedure of the House, elect from among the members who are
not Ministers or Parliamentary Secretaries one member to be the Speaker
of the Assembly and another member to be
Deputy Speaker; and, if the office of Speaker or Deputy Speaker falls
vacant at any time before the next dissolution of the
House of Assembly, the House shall, as soon as practicable, proceed in
like manner to fill the vacant office.
-
-
(2) A person shall vacate the office
of Speaker or Deputy Speaker-
-
-
(a) if he ceases to be a member of
the House of Assembly:
-
Provided that the Speaker shall to vacate his office by reason
only that
-
he has ceased to be a member on a dissolution of Parliament, until
-
the House
of Assembly first meets after that dissolution;
-
-
(b) if he is appointed to be a
Minister or Parliamentary Secretary;
-
-
(c) if he announces the resignation
f his office to the House of Assembly or
-
if, by writing under his hand
addressed, in the case of the Speaker, to
-
the Clerk of the
House and, in the case of the Deputy Speaker, to the
-
Speaker (or if the
office of Speaker is vacant or the Speaker is absent
-
from
The Bahamas, to the Clerk), he resigns that office; or
-
-
(d) in the case of the Deputy
Speaker, if he is elected to be Speaker.
-
-
(3) If by reason of Article 49(2) of
this Constitution the Speaker or Deputy Speaker is required to cease to
perform his functions as a member of the House
of Assembly, he shall also cease to perform his function as Speaker or
Deputy Speaker and those functions shall, until he
vacates his seat in the House or resumes the performance of the
functions to his office, be performed-
-
-
(a) in the case of the Speaker, by
the Deputy Speaker or, if the office of
-
Deputy Speaker is vacant or the
Deputy Speaker is required to cease
-
to perform his
functions as a member of the House of Assembly by
-
virtue of Article
49(2) of this Constitution, by such member (not being a
-
Minister
or Parliamentary Secretary) as the House may elect for the
-
purpose;
-
-
(b) in the case of the Deputy
Speaker, by such member (not being a
-
Minister or Parliamentary
Secretary) as the House may elect for the
-
purpose.
-
-
(4) If the Speaker or Deputy Speaker
resumes the performance of his functions as a member of the House in
accordance with the provisions of Article 49(4) of
this Constitution, he shall also resume the performance of his functions
as Speaker or Deputy Speaker, as the case may be.
-
- 51. (1)
An Election Court,
consisting of two Justices to the Supreme Court appointed by the Chief
Justice or, if for any reason two such Justices are not available,
one such Justice and the Chief Magistrate or a Stipendiary and Circuit
Magistrate appointed by the Chief Justice,
shall have jurisdiction to hear and determine any question whether-
-
-
(a) any person has been validly
elected as a member of the House of
-
Assembly; or
-
-
(b) any member of the House of
Assembly has vacated his seat or is
-
required, under the provisions of
Article 49(2) of this Constitution, to
-
cease to perform
his functions as a member.
-
-
(2) Subject to the following
provisions of this Article and to the provisions of Article 49(1) of
this Constitution, Parliament may make or provide for the making or
provision, with respect to-
-
-
(a) the institution of proceedings
for the determination of any question
-
referred to in paragraph (1) of
this Article; and
-
-
(b) the powers, practice and
procedure of an Election Court in relation to
-
any such proceedings.
-
-
(3) The determination by an Election
Court of any question referred to in paragraph (1) of this Article shall
be final.
-
-
(4) Proceedings for the
determination of any question referred to in paragraph (1) of this
Article shall not be instituted except with the leave of a Justice of the
Supreme Court.
-
-
(5) An appeal shall lie to the Court
or Appeal on a point of law from the decision of a Justice of the
Supreme Court granting or refusing leave to institute
proceedings in accordance with this Article , but, subject as aforesaid,
that decision shall be final.
-
-
Part IV
- Powers and Procedure of Parliament
-
-
52. (1) Subject to the provisions
of this Constitution, Parliament may make laws for the peace, order and
good government of The Bahamas.
-
-
(2) Subject to the provisions of
Articles 60, 61 and 62 of this Constitution, the power of Parliament to
make laws shall be exercised by Bills passed by both
Houses, either without amendment or with such amendments only as are
agreed to by both Houses, and assented to by the
Governor General in accordance with Article 63 of this Constitution.
-
- 53.
(1) Without prejudice to the
generality of Article 52(1) of this Constitution and subject to the
provisions of paragraph (2) of this Article, Parliament may by
law determine the privileges, immunities and powers of the Senate and
the House of Assembly and the members thereof.
-
-
(2) No process issued by any court
in the exercise of its civil jurisdiction shall be served or executed
within the precincts of the Senate of the House of Assembly
while it is sitting, or through the President or the Speaker, the Clerk
or any other officer of either House.
-
- 54.
(1) Subject to the provisions
of this Article, Parliament may, bay an Act of Parliament passed by both
Houses, alter any of the provisions of this Constitution
or (in so far as it forms part of the law of the Bahamas) any of the
provisions of The Bahamas Independence Act, 1973.
-
-
(2) In so far as it alters-
-
-
(a) Articles 32, 33, 34, 35, 41, 42,
43, 47, 48, 49, 79, 107, 108, 109, 110,
-
111, 112, 113, 114, 115, 116,
117, 118, 119, 120, 121, 122, 123, 124,
-
125, 126,
128, 129, 130, 131, 132, 133, 134, 135, or 136 of this
-
Constitution; or
-
-
(b) Articles 127 or 137 of this
Constitution in their application to any of the
-
provisions specified in
sub-paragraph (a) of this paragraph Bill for an Act
-
of
Parliament under this Article shall not be passed by Parliament
-
unless:-
-
-
(i) at the final voting thereon in
each House it is supported by the votes
-
of not less than two-thirds of
all the members of each House, and
-
-
(ii) the Bill, after its passage
through both Hose, has been submitted to
-
the electors qualified to vote
for the election of members of the
-
House of Assembly and, on a
vote in such manner as Parliament
-
may prescribe the majority of the
electors voting have approved the
-
Bill.
-
-
(3) In so far as it alters-
-
-
(a) this Article;
-
-
(b) Articles 2, 3,
4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,
-
17, 18, 19, 20, 21, 22,
23, 24, 25, 26, 27, 28, 29, 30, 31, 38, 39, 40,
-
45, 46, 51,
52, 60, 61, 62, 65, 66, 67, 68, 69, 70, 71, 72, 93, 94, 95,
-
96, 97, 98,
99, 100, 101, 102, 103, 104, or 105 of this
Constitution; or
-
-
(c) Articles 106, 127 or 137 of this
Constitution in their application to any
-
of the provisions specified in
sub-paragraphs (a) or (b) of this
-
paragraph; or
-
-
(d) any of the provision of the
Bahamas Independence Act 1973, a Bill for
-
an Act of Parliament under
this Article shall not be passed by
-
Parliament unless: -
-
-
(i) at the final voting thereon in
each House it is supported by the
-
votes of nor less than three-quarters
of all the members of each
-
House, and
-
-
(ii) the Bill, after its passage
through both Houses has been submitted
-
to the electors qualified to vote
for the elections of members of the
-
House of Assembly
and, on a vote taken in such manner as
-
Parliament may prescribe the
majority of the electors voting have
-
approved the
Bill.
-
-
(4) In this Article-
-
-
(a) references to any of the
provisions of this Constitution or the Bahamas
-
Independence Act 1973
include references to any law that amends or
-
replaces that
provision; and
-
-
(b) references to the alteration of
any of the provisions of this Constitution
-
or The Bahamas Independence
Act 1973 include references to he
-
amendment,
modification or re-enactment with of without amendment
-
or modification,
of that provision, the suspension or repeal of that
-
provision and the making of a different provision in lieu of that
provision,
-
-
(5) No Act of Parliament shall be
construed as altering this Constitution unless it is stated in the Act
that it is an Act for that purpose.
-
- 55. (1)
Subject to the provisions
of this Constitution, each House may regulate its own procedure and for
this purpose may make rules of procedure.
-
-
(2) Each House may act
notwithstanding any vacancy in its membership, and the presence or
participation of any person not entitled to be present at or to
participate in the proceedings of the House shall to invalidate those
proceedings.
-
- 56.
(1) The President of the Senate
or, in his absence, the Vice-President or, if they are both absent, a
Senator (not being a Minister or Parliamentary Secretary)
elected by the Senate for that sitting shall preside at each sitting of
the Senate.
-
-
(2) The Speaker or, in his absence,
the Deputy Speaker or, if they are both absent, a member (not being a
Minister or Parliamentary Secretary) elected by
the House for that sitting shall preside at each sitting of the House of
Assembly.
-
-
(3) References in this Article to
circumstances in which the President, Vice-President, Speaker or Deputy
Speaker is absent include references to circumstances
in which the office of President, Vice-President, Speaker or Deputy
Speaker is vacant.
-
- 57.
(1) If at any time during a
sitting of either House objection is taken by a member that there is not
a quorum present and, after such interval as may be
prescribed by the rules of procedure of that House the person presiding
ascertain that there is still not a quorum present, he shall
thereupon adjourn the Hose.
-
-
(2) For the purpose of this Article-
-
-
(a) a quorum of the Senate shall
consist of six Senator including the
-
person presiding; and
-
-
(b) a quorum of the House of
Assembly shall consist of ten members
-
including the person presiding, or
of such greater number of members
-
as may be specified by an
Order made by the Governor-General in
-
accordance with the provisions of
Article 70 of this Constitution.
-
-
58.
(1) Save as is otherwise
provided in this Constitution, all questions proposed for decision in
either House shall be determined by a majority of the
votes of the members thereof present and voting.
-
-
(2) The person presiding in either
House shall not vote-
-
-
(a) unless on any question the votes
are equally divided, in which case
-
he shall have and exercise a casting
vote; or
-
-
(b) except in the case of the final
vote on a Bill for an Act of Parliament
-
under Article 54 of this
Constitution in which case he shall have an
-
original vote.
-
-
59.
(1) Subject to the provisions
of this Constitution and of the rules of procedure of the Senate or the
House of Assembly, as the case may be, any member of
either House may introduce any Bill or propose any motion for debate in,
or may present any petition to, that House, and the
same shall be debated and dispose of according to the rules of procedure
of that House.
-
-
(2) A bill other than a Money Bill
may be introduced in either House, but a Money Bill shall not be
introduced in the Senate.
-
-
(3) Except on the recommendation of
the Cabinet signified by a Minister, the House of Assembly shall not-
-
-
(a) proceed upon any Bill (including
any amendment to a Bill) which, in
-
the opinion of the person presiding,
makes provision for imposing or
-
increasing any tax, for
imposing any charge on the Consolidated
-
Fund or any other public fund or
altering any such charge otherwise
-
than by reducing it
or for compounding or remitting any debt due to
-
The Bahamas; or
-
-
(b) proceed upon any motion
(including any amendment to a motion) the
-
effect of which, in the
opinion of the person presiding, is that
-
provision shall be make for
any of the purposes aforesaid.
-
-
(4) The Senate shall not-
-
-
(a) proceed upon any Bill, other
than a Bill sent from the House of
-
Assembly, or any amendment to a Bill
which, in the opinion of the
-
Person presiding, makes
provisions for imposing or increasing any
-
tax, for imposing any charge
on the Consolidated Fund or any other
-
public fund or
altering any such charge otherwise than by reducing it
-
or for compounding or remitting any
debt due to The Bahamas; or
-
-
(b) proceed upon any motion
(including any amendment to a motion)
-
the effect of which, in the
opinion of the person presiding, is that
-
provision shall be made for
any of the purposes aforesaid.
-
-
60.
(1) Subject to the provisions
of this Constitution, if a Money Bill, having been passed by the House
of Assembly and sent to the Senate at least one month
before the end of the session, is not passed by the Senate without
amendment within one month after it is sent to that
House, the Bill shall, unless the House of Assembly otherwise resolves,
be present to the Governor-General for his assent
notwithstanding that the Senate has not consented to the Bill.
-
-
(2) There shall be endorsed on every
Money Bill when it is sent to the Senate the certificate of the Speaker
signed by him that it is a Money Bill; and there shall be
endorsed on any Money Bill that is presented to the Governor-General for
assent in pursuance of paragraph (1) of this
Article the certificate of the Speaker signed by him that it is a Money
Bill and that the provisions of that paragraph have
been complied with.
-
-
61.
(1) If any Bill other than a
Money Bill is passed by the House of Assembly in two successive sessions
(whether or not Parliament is dissolved between
those sessions) and, having been sent to the Senate in each of those
sessions at least one month before the end of the session,
is rejected by the Senate in each of those sessions, that Bill shall, on
its rejection for the second time by the Senate, unless
the House of Assembly otherwise resolves, be presented to the
Governor-General for assent notwithstanding that the Senate has
not consented to the Bill:
-
Provided that the foregoing provisions of this paragraph shall
not have effect unless at least nine months have elapsed between the date on which the Bill
is passed by the House of Assembly in the first session and the date on which it is passed by the House of Assembly
in the second session.
-
-
(2) For the purposes of this Article
a Bill that is sent to the Senate from the House of Assembly in any
session shall be deemed to be the same Bill as a former Bill
sent tot the Senate in the preceding session if, when it is sent tot 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 elapse since the date of the former
Bill or to represent any amendments which have been made by the Senate
in the former Bill in the preceding session.
-
-
(3) The House of Assembly may, if it
thinks fit, on the passage through the House of a Bill that is deemed to
be the same Bill as a former Bill sent to the Senate in
the preceding session, suggest any amendments without inserting the
amendments in the Bill, and any such amendments shall be
considered by the Senate, and, if agreed to by the Senate, shall be
treated as amendments made by the Senate and agreed to by
the House of Assembly; but the exercise of this power by the House of
Assembly shall not affect the operation of this
Article in the event of the rejection of the Bill in the Senate.
-
-
(4) There shall be inserted in any
Bill that is presented to the Governor-General for assent in pursuance
of this Article any amendments that are certified by the
Speaker to have been made in the Bill by the Senate in the second
session and agreed to by the Assembly.
-
-
(5) There shall be endorsed on any
Bill that is presented to the Governor-General for assent in pursuance
of this Article the certificate of the Speaker signed by
him that the provisions of this Article have been complied with.
-
-
(6) The prisons of this Article
shall not apply to a Bill which is required by Article 54 of this
Constitution to be passed by both Houses.
-
-
62. (1) In Articles 59,60 and 61 of
this Constitution "Money Bill" means a public Bill which, in
the opinion of the Speaker, contains only provisions dealing
with all or any of the following matters, namely, the imposition,
repeal, remission, alteration or regulation of taxation; the
imposition, for the payment of debt or other financial purposes, of
charges on the Consolidated Fund or any other public funds or on
monies provided by Parliament or the variation or repeal of any such
charges; the grant of money to the Crow or to any
authority or person, or the variation or revocation of any such grant,
the appropriation, receipt, custody, investment, issue or audit
of accounts of public money; the raising or guarantee of any loan or the
repayment thereof, of the establishment, alteration,
administration or abolition of any sinking fund provided in connection
with any such loan; or subordinate matters incidental to
any of the matters aforesaid; and in this paragraph the expressions
"taxation", "debt", "public fund", "public
money", and "loan" do not include any taxation imposed,
debt incurred, fund or money provided or loan raised by any local authority or body for
local purposes.
-
-
(2) For the purposes of Article 61
of this Constitution, a Bill shall be deemed to be rejected by the
Senate if-
-
-
(a) it is not passed by the Senate
without amendment; or
-
-
(b) it is passed by the Senate with
any amendment which is not
-
agreed to by the House of Assembly.
-
-
(3) Whenever the office of Speaker
is vacant or the Speaker is for any reason unable to perform any
functions conferred upon him by paragraph (1) of this Article
or by Articles 60 or 61 of this Constitution, that function may be
performed by the Deputy Speaker.
-
-
(4) Any certificate of the Speaker
or Deputy Speaker given under Article 60 or 61 of this Constitution
shall be conclusive for all purposes and shall not be
questioned in any court.
-
- 63.
(1) A Bill shall not become law
until the Governor-General has assented thereto in Her Majesty's behalf
and has signed it in token of such assent.
-
-
(2) Subject to the provisions of
Articles 60 and 61 of this Constitution, a Bill shall be presented to
the Governor-General for assent if, and shall not be so
presented unless, it has been passed by both Houses either without
amendment or without amendment or with such amendments
only as are agreed to by both Houses.
-
-
(3) Any Bill to which Article 54(2)
or (3) of this Constitution applies shall be presented to the
Governor-General endorsed with certificates of the requisite
majorities in accordance with whichever of those paragraphs applies to
the Bill, and with a certificate of the Parliamentary Registrar that
it has been approved by the majority of the electors voting on the Bill.
-
-
(4) When a Bill is presented to the
Governor-General for assent he shall signify that he assents of that he
withholds assent.
-
- 64.
No member of either House shall
take part in the proceedings thereof unless he has taken the oath of
allegiance in such manner as is prescribed by any law
in force in The Bahamas:
-
Provided that the election of a President of the Senate or the
election of a Speaker of the House of Assembly may
take place before the members of the Senate
or the House of Assembly, as the case may be, have taken such
oath.
-
- Part V
- Summoning, Prorogation and
Dissolution
-
- 65.
(1) Each session of Parliament
shall be held at such place and commence at such time as the
Governor-General may by proclamation appoint.
-
-
(2) The time appointed for the
commencement of any session of Parliament shall be such that a period of
twelve months does not intervene between the end of one
session and the first sitting of Parliament in the next session.
-
- 66.
(1) The Governor-General,
acting in accordance with the advice of the Prime Minister, may at any
time by proclamation prorogue Parliament.
-
-
(2) The Governor-General, acting in
accordance with the advice of the Prime Minister, may at any time by
proclamation dissolve Parliament:
-
Provided that if the office of Prime Minister is vacant and the
Governor-General considers that there is no prospect of his being able within a
reasonable time to appoint to that office a person who can command the confidence of a majority of the members of
the House of Assembly, he shall dissolve Parliament.
-
-
(3) Subject to the provisions of
paragraph (4) of this Article, Parliament, unless sooner dissolved,
shall continue for five years from the date of its first sitting
after any dissolution and shall then stand dissolved.
-
-
(4) At any time when The Bahamas is
at war, Parliament may extend the period of five years specified in
paragraph (3) of this Article for not more than twelve
months at a time:
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Provided that the life of Parliament shall not be extended under
this paragraph for more than two years.
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(5) If, between a dissolution of
Parliament and the next ensuing general election of members to the House
of Assembly, an emergency arises of such a nature
that, in the opinion of the Prime Minister, it is necessary for the two
Houses or either of them to be summoned before that general
election can be held, the Governor-General, acting in accordance with
the advice of the Prime Minister, may summon the
thereupon be deemed (except for the purposes of Article 67 of this
Constitution) not to have been dissolved but shall be deemed
(except as aforesaid) to be dissolved on the date on which the polls are
held in the next ensuing general election.
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- 67.
(1) After every dissolution of
Parliament the Governor-General shall issue writs for a general election
of members of the House of Assembly returnable within
ninety days from that dissolution.
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(2) As soon as may be after every
general election the Governor-General shall proceed under Article 39 of
this Constitution to the appointment of Senators.
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(3) Whenever any person vacates his
seat as a member of the House of Assembly for any reason other than a
dissolution of Parliament, the Governor-General
shall issue a writ for the election of a member to fill the vacancy and
such election shall be held within sixty days after the
occurrence of the vacancy or, where the question whether a vacancy has
occurred is determined under Article 51 of this
Constitution, after that determination, unless Parliament is sooner
dissolved to the date by which Parliament will be dissolved under
the provisions of Article 66 of this Constitution is less than four
months after the occurrence of the vacancy or, as the case may
be, that determination.
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Part VI
- Delimitation of Constituencies
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- 68.
The Bahamas shall be divided
into thirty-eight constituencies or such greater number as may be
provided for by an Order made by the Governor-General in
accordance with the provisions of Article 70 of this Constitution and
each such constituency shall return one member to the House
or Assembly.
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- 69.
(1) There shall be a
Constituencies Commission for The Bahamas (in this and the next
following Article referred to as "the Commission")
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(2) The Members of the Commission
shall be-
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(a) the Speaker who shall be
Chairman;
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(b) a Justice of the Supreme Court
who shall be Deputy Chairman and
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shall be appointed by the
Governor-General acting on the
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recommendation of the Chief
Justice;
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(c) two members of the House of
Assembly who shall be appointed by
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the Governor-General acting in
accordance with the advice of the
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Prime Minister; and
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(d) one member of the House of
Assembly who shall be appointed by the
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Governor-General acting in
accordance with the advice of the Leader
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of the
Opposition.
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(3) The office of a member of the
Commission shall become vacant-
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(a) if he ceases to be the Speaker,
a Justice of the Supreme Court or a
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member of the House of Assembly, as
the case may be; or
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(b) in the case of a member
appointed under sub-paragraph (2)(b), (c) or
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(d) of this Article, if his
appointment is revoked by the
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Governor-General.
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(4) If the office of a member of the
Commission, appointed under sub-paragraph (2)(b), (c) or (d) of this
Article is vacant or any such member is for any reason
unable to perform the functions of his office, the Governor-General may
appoint a person qualified for appointment under the
said sub-paragraph (b), (c) or (d), as the case may be, to act in the
office of that member and any person so appointed may
continue so to act until his appointment is revoked.
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(5) In revoking the appointment of a
member of the Commission under sub-paragraph (3)(b) of this Article, and
in making or revoking an appointment to act in
the office of a member of the Commission under paragraph (4) of this
Article, the Governor-General shall act in the
same manner as he would act if he were making an appointment to the
office of that member under paragraph (2) of this Article.
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(6) Any decision of the Commission
shall require the concurrence of not less than three members of the
Commission.
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(7) Subject to the provisions of
paragraph (6) of this Article, the Commission may act notwithstanding a
vacancy in its membership, and no proceedings of
the Commission shall be invalidated by reason only that some person not
entitled to do so has taken part in them.
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- 70.
(1) The Commission shall in
accordance with the provisions of this Article, at intervals of not more
than five years, review the number and boundaries of the
constituencies into which The Bahamas is divided and shall submit to the
Governor-General a single report either-
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(a) stating that in the opinion of
the Commission, no change is
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required; or
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(b) recommending certain changes,
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such report to be laid before the House of Assembly forthwith.
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(2) In carrying out a review for the
purposes of this Article, the Commission shall be guided by the general
consideration that the number of voters entitled to
vote for the purposes of electing every member of the House of Assembly
shall, so far as is reasonably practicable, be the same
and the need to take account of special consideration such as the needs
of sparsely populated areas, the practicably of
elected members maintaining contact with electors in such areas, size,
physical features, natural boundaries and geographical
isolation.
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(3) When the Commission intends to
proceed under paragraph (1) of this Article, it shall, by notice in
writing, inform the Prime Minister, who shall cause a copy of
the notice to be published in the Gazette.
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(4) As soon as may be after the
Commission has submitted a report recommending changes in the boundaries
of any constituencies, the Prime Minister
shall lay before the House of Assembly for its approval a draft of an
Order by the Governor-General for giving effect,
whether with or without modifications, to the recommendations contained
in the report, and that draft may make provision for
any matters (including variation of the quorum specified in Article 57
of this Constitution) which appear to the Prime Minister
to be incidental to or consequential upon the other provisions of the
draft.
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(5) Where any draft Order laid under
this Article would give effect to any such recommendations with
modifications, the Prime Minister shall lay before the House
of Assembly together with the draft a statement of the reasons for the
modifications.
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(6) If the motion for the approval
of any draft Order laid under this Article is rejected by the House of
Assembly, or is withdrawn by leave of the House, an
amended draft shall be laid without undue delay by the Prime Minister
before the House of Assembly.
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(7) If any draft Order laid under
this Article is approved by resolution of the House of Assembly, the
Prime Minister shall submit it tot he Governor-General
who shall make an order (which shall be published in the Gazette) in
terms of the draft; and that Order shall come into force on
such day as may be specified therein and, until revoked by a further
Order made by the Governor-General in accordance with
the provisions of this Article, shall have the force of law in The
Bahamas:
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Provided that the coming into force
of any such Order shall not affect any election to the House of Assembly
until a proclamation is made by the
Governor-General appointing the date for the holding of a general
election of members of the House of Assembly or affect the
constitution of the House of Assembly then in being.
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(8) Save as provided in the next
following paragraph the question of the validity of nay Order by the
Governor-General purporting to be made under his
Article and reciting that a draft thereof has been approved by
resolution of the House of Assembly shall not be inquired into
in any court of law.
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(9) Parliament may by law provide
for an appeal to the Supreme Court against a statement or recommendation
submitted by the Commission in pursuance of
sub-paragraph (1)(a) or (b) of this Article.
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