Constitution of Bahamas

Disqualifications for election as members of House of Assembly.

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

a) is a citizen of a country other than The Bahamas having become such a citizen voluntarily ;

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

c) is disqualified for membership of the House of 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 Hose 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 be 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.

Chapter I - The Constitution

1. The State

2. The Constitution is supreme law

Chapter II - Citizenship

3. Persons who become citizens on 10th July 1973

4. Persons who become citizens on 9th July 1974

5. Persons entitled to be registered as citizens

6. Persons born in The Bahamas after 9th July 1973

7. Persons born The Bahamas after 9th July 1973 of non-citizen parents

8. Persons born outside The Bahamas after 9th July 1973

9. Further provisions for persons born outside The Bahamas after 9th July 1973

10. Marriage to citizens of The Bahamas

11. Deprivation of citizenship

12. Renunciation of citizenship

13. Power of Parliament

14. Interpretation

Chapter III - Protection Of Fundamental Rights And Freedoms Of The Individual

15. Fundamental rights and freedoms of the individual

16. Protection of right to life

17. Protection from inhuman treatment

18. Protection from slavery and forced labour

19. Protection from arbitrary arrest or detention

20. Provisions to secure protection of law

21. Protection for privacy of home and other property

22. Protection of freedom of conscience

23. Protection of freedom of expression

24. Protection of freedom of assembly and association

25. Protection of freedom of movement

26. Protection from discrimination on the grounds of race, etc.

27. Protection from deprivation of property

28. Enforcement of fundamental rights

29. Provisions for time of war or emergency

30. Saving of existing law

31. Interpretation

Chapter IV - The Governor-general

32. Establishment of office of Governor-General

33. Acting Governor-General

34. Deputy to Governor-General

35. Personal staff of Governor-General

36. Public Seal

37. Oaths to be taken by Governor-General

Chapter V - Parliament

Part 1 - Composition of Parliament

38. Establishment of Parliament

Part 2 - The Senate

39. Composition of Senate

40. Purpose of appointment of certain Senator

41. Qualifications for appointment as Senator

42. Disqualifications for appointments as Senator

43. Tenure of office of Senators

44. President and Vice-President

45. Determination of questions as to membership

Part 3 - House of Assembly

46. Composition of House of Assembly

47. Qualifications for membership of House of Assembly

48. Disqualifications for election as members of House of Assembly

49. Tenure of office of Members of House of Assembly

50. Speaker and Deputy Speaker

51. Determination of questions as to membership

Part 4 - Powers and Procedure of Parliament

52. Powers and Procedure of Parliament

53. Privileges of Parliament

54. Alteration of this Constitution

55. Regulation of procedure in Parliament

56. Presiding in the Senate and House of Assembly

57. Quorum

58. Voting

59. Introduction of Bills, etc

60. Restriction on powers of Senate as to Money Bills

61. Restriction on powers of Senate as to Bills other than Money Bills

62. Provisions relating to Articles 59, 60 and 61

63. Assent to Bills

64. Oath of allegiance

Part 5 - Summoning Prorogation and Dissolution

65. Sessions of Parliament

66. Prorogation and dissolution of Parliament

67. General election, bye-elections and appointment of Senators

Part 6 - Delimitation of Constituencies

68. Constituencies

69. Constituencies Commission

70. Procedure for review of constituencies

Chapter VI - The Executive

71. Executive Authority

72. The Cabinet

73. Appointment of Ministers

74. Tenure of office of Ministers

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

76. Temporary Ministers

77. Allocation of portfolios to Ministers

78. Functions of Attorney-General

79. Exercise of Governor-General's powers

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

81. Parliamentary Secretaries

82. Leader of the Opposition

83. Certain vacancies in office of Leader of the Opposition

84. Oaths to be taken by Ministers, etc

85. Leave of absence for Ministers, etc

86. Summoning of and presiding in Cabinet

87. Quorum

88. Permanent Secretaries

89. Constitution of offices, etc

90. Powers of pardon, etc

91. Advisory Committee on Prerogative of Mercy

92. Functions of Advisory Committee

Chapter VII - The Judicature

Part 1 - The Supreme Court

93. Establishment of Supreme Court

94. Appointment of Justices of Supreme Court

95. Acting Justices

96. Tenure of office of Justice of Supreme Court

97. Oaths to be taken by Justices of Supreme Court

Part 2 - Court of Appeal

98. Establishment of Court of Appeal

99. Justices of the Court of Appeal

100. Other arrangements for appeals

101. Acting Justices of Court of Appeal

102. Tenure of office of Justices of Appeal

103. Oaths to be taken by Justices of Appeal

Part 3 - Appeals to Court of Appeal and Her Majesty in Council

104. Appeals relating to fundamental rights and freedoms

105. Appeals to Her Majesty in Council in other cases

106. Interpretation of "Court of Appeal

Chapter VIII - The Public Service

Part 1 - The Public Service Commission

107. Establishment and composition of Public Officers

Part 2 - Appointments etc. of Public Officers

108. Appointments, etc. of public officers

109. Appointments of Permanent Secretaries and certain other public officers

110. Delegation of Governor-General's powers

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

112. Appointments on transfer in respect of certain offices

113. Appointment of Secretary to the Cabinet

Part 3 - The Public Service Board of Appeal

114. Public Service Board of Appeal

115. Appeals in discipline cases

Part 4 - The Judicial and Legal Service Commission

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

117. Appointments, etc. of judicial and legal officers

Part 5 - The Police Service Commission

118. Establishment and composition of the Police Service Commission

119. Appointment of Commissioner of Police and other officers of the Police Force

120. Removal of the Commissioner and Deputy Commissioner of Police

121. Removal and discipline of members of the Force

Part 6 - Pensions

122. Protection of pension rights

123. Grant and withholding of pensions, etc

124. Appeals in respect of certain decisions affecting pensions benefits

Part 7 - Miscellaneous

125. Procedure of Commissions

126. Removal from office of certain persons

127. Public Service

Chapter IX - Finance

128. Consolidated Fund

129. Estimates

130. Authority for public expenditure

131. Withdrawal of money from the Consolidated Fund

132. Withdrawal of money in advance of Appropriation Act

133. Contingencies Fund

134. Public Debt

135. Remuneration of Governor-General and certain other officers

136. Establishment of office and functions of Auditor-General

Chapter X - Interpretation

137. Interpretation