Parliament | |||||||||||||||
Parliament- Constitution of Guyana | |||||||||||||||
Parliament
(a) is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state; (2) No person shall be qualified to be nominated for election as a member of the National Assembly under the provisions of paragraph (3) or (4) of article 60 if at the date of his nomination for such election he is a member of the Assembly under the provisions of article 60 (20 or article 160 (2). (3) No person shall be qualified to be nominated for election as a member of the National Assembly under the provisions of article 60 (2) or article 160 (2) if at the date of his nomination for such election he is a member of the Assembly under the provisions of paragraph (3) or (4) or article 60. (4) No person shall be qualified to be nominated for election as a member of the National Assembly under the provisions of article 60 (4) if at the date of his nomination for such election he is a member of the Assembly under the provisions of article 60 (3). (5) No person shall be qualified to be nominated for election as a member of the National Assembly under the provisions of article 60 (3) if at the date of his nomination for such election he is a member of the Assembly under the provisions of article 60 (4).
(6) Without prejudice to the provisions of paragraphs (1), (2), (3), (4), and (5), Parliament may provide that a person shall not be qualified for election as a member of the National Assembly in any of the following cases, that is to say––
(d) if, during such period (not exceeding five years) preceding the election day as may be prescribed by Parliament, he–– Provided that Parliament may empower the court to exempt a person from disqualification for election on account of such a conviction or report if the court deems it just so to do. (7) For the purposes of paragraph (1) (c)––
(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 six months, but if any one of those sentences exceeds that term they shall be regarded as one sentence; and (8) In paragraph (6) (b) "Government contract" means any contract made with the Government of Guyana or with a department of that Government or with an officer of that Government contracting as such. 156. (1) A member of the National Assembly shall vacate his seat therein––
(a) 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 Guyana, to the Deputy Speaker: (2)(a) If circumstances such as are referred to in subparagraph (d) of the preceding paragraph arise in relation to a member of the Assembly by virtue of the fact that is adjudged to be of unsound mind, sentenced to death or imprisonment, or convicted or reported guilty of an offence and if it is open to the member to appeal against the decision (either with the leave of a court or other with out such leave), he shall not vacate his seat until the expiration of a period of thirty days thereafter:
Provided that the Speaker may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval of the Assembly signified by resolution. 157. A person shall vacate the office of Speaker or Deputy Speaker whenever the Assembly first meets after a dissolution of Parliament and also––
(a) in the case of a Speaker elected from among the members of the Assembly or in the case of the Deputy Speaker–– 158. (1) Subject to the provisions of the next followings paragraph, the Clerk or the National Assembly shall vacate his office when he attains the age of sixty-five years or such later age as may, in any particular case, be prescribed by the Commission appointed under paragraph (4). (2) The Clerk shall be removed from office by the President if, but shall not be so removed unless, the National Assembly, by a resolution which has received the affirmative votes of a majority of all the elected members thereof, has resolved that he ought to be so removed for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior. (3) The provisions of paragraphs (1) and (2) shall apply to the Deputy Clerk as they apply to the Clerk. (4) Subject to the provisions of article 222 the terms of service (including salary and allowances) of the Clerk and Deputy Clerk shall be determined from time to time by a Commission consisting of the Speaker, as Chairman, the Minister responsible for finance or a person nominated by that Minister to represent him at any meeting of the Commission and one other Minister designated from time to time by the Prime Minister. (5) A person who is a public officer may, without ceasing to hold office in the public service, be appointed in accordance with the provisions of this article to the office of Clerk or Deputy Clerk, but––
(a) no such appointment shall be made without the concurrence of the appropriate service authority; (6) In the preceding paragraph "the appropriate service authority" means the authority in which, under the provisions of this Constitution, is vested the power to make appointments to the public office held by the person to be appointed as Clerk or Deputy Clerk is to be appointed to assume or resume, as the case may be. (7) The functions conferred by this article on the Speaker shall, if there is no person holding the office of Speaker of it the Speaker is absent from Guyana or is otherwise unable to perform those functions, be performed by the Deputy Speaker. 159. (1) No person shall vote at an elected unless he is registered as an elector. (2) Subject to the provisions of paragraphs (3) and 94), a person shall be qualified to be registered as an elector for elections if, and shall not be so qualified unless, on the qualifying date, he is of the age of eighteen years or upwards and either––
(a) is a citizen of Guyana; or (3) No person shall be qualified to be so registered who on the qualifying date is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Guyana. (4) No person shall be qualified to be so registered if during such period (not exceeding five years) preceding the qualifying date as may be prescribed by Parliament, he has been convicted by a court of any offence connected with elections that is so prescribed or has been reported guilty of such an offence by the High Court in proceedings under article 163: Providing that Parliament may empower the court to exempt a person from disqualification for registration on account of such a conviction or report if the court deems it just so to do. (5) In this article "the qualifying date" means such date as may be appointed by or under an Act of Parliament as the date with reference to which a register of electors shall be compiled or revised. 160. (1) Subject to the provisions of the next following paragraph the system of proportional representation referred to in article 60 (2) for the election of fifty-three members of the National Assembly shall be as follows––
(a) votes shall be cast throughout Guyana in favour of lists of candidates;
(a) a person may stand as a candidate for election in any such electoral area only if, in such manner as Parliament may prescribe, he has declared that he supports, or has otherwise identified himself with, one of the lists; and (3) Subject to the provision of this Constitution, Parliament may make provision––
(a) for the registration of electors; 161. (1) There shall be an Elections Commission for Guyana consisting of a Chairman and such other members as may be appointed in accordance with the provisions of this article. (2) Subject to the provisions of paragraph (6), the Chairman of the Elections Commission shall be appointed by the President from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who are qualified to be appointed as any such judge. (3) In addition to the Chairman, there shall be one member of the Commission (hereinafter referred to as a "representative member") in respect of every list of candidates which at the election next preceding the appointment of such member obtained not less that five seats in the Assembly: Provided that no appointment shall be made under this paragraph during the period of three months immediately following the date of an election held pursuant to the provisions of article 61. (4) For the purposes of the preceding paragraph a list shall be regarded as having obtained a seat in the Assembly if a seat has been located to that list or if a person identified with that list has been elected in an electoral area established under article 160 (2). (5) Subject to the provisions of paragraph (6), a representative member of the Commission shall be appointed by the President, acting, in the case of a member to be appointed in respect of the list in which the mane of the President was included as a Presidential candidate, in his own deliberate judgment, and in the case of any other member, in accordance with the advice of the person who, under such provisions may be made under article 63, has power to identify persons to fill casual vacancies among the seats of members of the national Assembly from the list in respect of which the member is appointed or, if a majority of the members of the Assembly who belong to that list notify the President that he should act in accordance with the advice of some other member of the assembly who belongs to that list, in accordance with the advice of that member: Provided that if occasion arises for making an appointment while Parliament stands dissolved this paragraph shall have effect as if Parliament had not been dissolved. (6) A person shall be disqualified for appointment as a member of the Commission if he is a public officer of an alien. (7) A member of the Elections Commission shall vacate his office––
(a) at the expiration of three months from the date of the election held pursuant to the provisions of article 61 and next following his appointment; or (8) The provisions of article 225 (which relate to removal from office) shall apply to the office of member of the Elections Commission, and, for the purposes of paragraphs (4) and (6) of that article, the prescribed authority shall be the Prime Minister: Provided that, before tendering any advice to the President under paragraph (4) of the said article in relation to the representative member appointed in respect of a list other than that to which the Prime Minister belongs, the Prime Minister shall consult the person on whose advice, if the office of that member were vacant, the President would act under paragraph (5) in appointing a person to fill the vacancy. (9) If, by reason of his illness, absence from Guyana or suspension under the said article 225, any member of the Elections Commission is unable to perform his functions as such, a temporary member may be appointed in his place. (10) The provisions of this article shall apply in relation to the appointment of a temporary member of the Commission and to a temporary member appointed in accordance with this article as they apply in relation to the member of the Commission in whose place he is appointed: Provided that his appointment shall have effect only for the period ending when the person in whose place he has been appointed resumes has functions as, or ceases to be a member of the Commission. (11) For the purposes of paragraphs (5) and (8) a person shall be regarded as belonging to a list if his name appears on that list or if he was identified with that list and elected in an electoral area established under article 160 (2). 162. (1) The Elections Commission shall have such functions connected with or relating to the registration of electors or the conduct of elections as are conferred upon it by or under this Constitution or, subject thereto, any Act of Parliament; and, subject to the provisions of this Constitution, the Commission––
(a) shall exercise general direction and supervision over the registration of electors and the administrative conduct of all elections of members of the National Assembly; and (2) Notwithstanding anything to the contrary in this Constitution, if the Elections Commission is satisfied that the holding of an election pursuant to the provisions of paragraph (2) or (3) or (4) of article 60 or article 160 (20 on the day appointed therefor would be attended, either generally or in a particular area, by danger or serious hardship, it may, after consultation with the Prime Minister and the Minority Leader, by notice published in the Gazette––
(a) postpone the holding of the election to a day specified in the notice; or 163. (1) Subject to the provisions of this article, the High Court shall have exclusive jurisdiction to determined any question––
(a) regarding the qualification of any person to be elected as a member of the National Assembly; (2) Proceedings for the determination of any question referred to in the preceding paragraph may be instituted by any person (including the Attorney General) and, where such proceedings are instituted by a person other than the Attorney General, the Attorney General if he is not a party thereto may intervene and (if he intervenes) may appear or be represented therein. (3) An appeal shall lie to the Court of Appeal––
(a) from 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 paragraph (1); (4) Parliament may make provision with respect to––
(a) the circumstances and manner in which and the conditions upon which proceedings for the determination of any question under this article may be instituted in the High Court and an appeal may be brought to the Court of Appeal in respect thereof; (5) In this article reference to any person being elected shall be read and construed as a reference to any person being elected under paragraph (2) or (3) or (4) of article 60 or under article 160 (2), as the case may be. 164. (1) Subject to the provisions of paragraphs (2) and (3), a Bill for an Act or Parliament to alter this Constitution shall not be passed by the National Assembly unless it is supported at the final voting in the Assembly by the votes of a majority of all the elected members of the Assembly. (2) A Bill to alter any of the following provisions of this Constitution, that is to say––
(a) this article, articles 1, 2, 8, 9, 18, 51, 66, 89, 99 and 111; and shall not be submitted to the President for his assent unless the Bill, not less than ten and not more than six months after its passage through the National Assembly, has, in such manner as Parliament may prescribed, been submitted to vote of the electors qualified to vote in an election and has been approved by a majority of the electors who vote on the Bill: Provided that if the Bill does not alter any of the provisions mentioned in subparagraph (a) and is supported at the final voting in the Assembly by the votes of not less than two-thirds of all the elected members of the Assembly it shall not be necessary to submit the Bill to the vote of the electors. (3) In this article––
(a) references to this Constitution or to any particular provision thereof include references to any other law in so far as that law alters the Constitution or, as the case may be, that provision; and 165. (1) subject to the provisions of this Constitution, the National Assembly may regulate its own procedure and may make rules for that purpose. (2) The Assembly may act notwithstanding any vacancy in its membership (including any vacancy not filled when the Assembly first meets after the commencement of this Constitution or after any dissolution of Parliament) and the presence or participation in the proceedings of the Assembly shall not invalidated those proceedings. 166. (1) The Speaker, or, in his absence, the Deputy Speaker or if they are not absent, a member of the National Assembly (not being a Minister or a Parliamentary Secretary) elected by the Assembly for the sitting shall preside at any sitting of the Assembly. (2) References in this article to circumstances in which the Speaker or Deputy Speaker is absent include references to circumstances in which the office of Speaker or Deputy Speaker is vacant. 167. No member of the National Assembly shall take part in the proceedings of the Assembly (other than proceedings necessary for the purpose of this article) until he has made and subscribed before the Assembly the oath of office: Provided that the election of a Speaker and Deputy Speaker of the Assembly may take place before the members thereof have made and subscribed such oath. 168. (1) Save as otherwise provided by this Constitution, all questions proposed for decision in the National Assembly shall be determined by a majority of the votes of the members present and voting. (2) Except as provided by the next following paragraph, the Speaker or other member presiding in the Assembly shall not vote unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote. (3) A Speaker elected from among persons who are not members of the Assembly shall have neither an original nor a casting in vote and if, upon any question before the Assembly when such a Speaker is presiding, the votes of the members are equally divided, the motion shall be lost. 169. If objection is taken by any member of the National Assembly present that there are present in the Assembly (besides the person presiding) less than one-third of all the elected members of the Assembly, and, after such interval as may be prescribed in the rules of procedure of the Assembly, the person presiding ascertains that there are still present less than one-third of all the elected members, he shall thereupon adjourn the Assembly. 170. (1) Subject to the provisions of articles 164, the power of Parliament to make laws shall be exercised by Bills passed by the National Assembly 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) Where the President withholds his assent to a Bill, he shall return it to the Speaker within twenty-one days of the date when it was presented to him for assent with a message stating the reasons why he has withheld his assent. (4) Where a Bill is so returned to the Speaker it shall not again be presented to the President for assent unless within six months of the Bill being so returned upon a motion supported by the votes of not less that two-thirds of all the elected members of the National Assembly the Assembly resolves that the Bill be again presented for assent. (5) where the National Assembly so resolves that a Bill be again presented for assent, the Bill shall be so presented and the resident shall assent to it within twenty-one days of its presentation, unless he sooner dissolves Parliament. (6) A Bill shall not become law unless it has been duly passed and assented to in accordance with this Constitution. 171. (1) Subject to the provisions of this Constitution and of the rules of procedure of the National Assembly, any member of the Assembly may introduce any Bill or propose by motion for debate in, or may present any petition to, the Assembly, and the same shall be debated and disposed of according to the rules of procedure of the Assembly. (2) Except on the recommendation or with the consent of the Cabinet signified by a Minister, the 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 any of the following purposes–– 172. (1) Subject to the provisions of paragraphs (2), (3) and (4), Parliament may by law determine the privileges, immunities and powers of the National Assembly and the members thereof. (2) No civil or criminal proceedings may be instituted against any member of the Assembly for words spoken before, or written in a report to, the Assembly or to a committee thereof or by reason of any matter of thing brought by him therein by petition, bill, resolution, motion or otherwise. (3) For the duration of any session, members of the Assembly shall enjoy freedom from arrest for any civil debt. (4) No process issued by any court in the exercise of its civil jurisdiction shall be served or executed within the precincts of the Assembly while the Assembly is sitting or through the Speaker, the Clerk or any officer of the Assembly.
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Basic Law of Guyana | |||||||||||||||
Preamble | |||||||||||||||
The State And The Constitution | |||||||||||||||
Priniples And Bases Of The Political, Economic And Social System | |||||||||||||||
Fundamental Rights and Freedoms of the Individual | |||||||||||||||
Citizenship | |||||||||||||||
Supreme Organs of Democratic Power | |||||||||||||||
Composition Of Parliament | |||||||||||||||
Elections | |||||||||||||||
Powers and Procedure of Parliament | |||||||||||||||
Local Democracy | |||||||||||||||
Local Democratic Organs | |||||||||||||||
The National Congress of Local Democratic Organs | |||||||||||||||
The Supreme Congress of the People | |||||||||||||||
The President | |||||||||||||||
The Executive | |||||||||||||||
The Judicature | |||||||||||||||
The Supreme Court of the Judicature | |||||||||||||||
Judges of the Supreme Court of Judicature | |||||||||||||||
Appeals | |||||||||||||||
The Service of Commissions
Protection of Fundamental Rights and Freedoms of the Individual
| Parliament
| The Supreme Congress Of The People
| The President
| Minister, Etc.
| The Ombudsman
| The Judicature
| The Service Commissions
| The Judicial Service Commission
| The Police Service Commission
| Pensions
| Finance
| Miscellaneous
| Interpretation
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