User:Glide08/Sandbox/NewGranada/Constitution (1987)

THE CONSTITUTION OF THE COMMONWEALTH OF NEW GRANADA

PREAMBLE In humble submission to God Almighty, who controls the destinies of nations and the history of peoples;

Whereas we, the National People of New Granada, have been living in unity in this land, bequeathed to us as our inalienable patrimony;

And whereas for that reason sovereignty over New Granada belongs to us, the National People, unconditionally;

And whereas, since 1960, the prevailing political order in New Granada has been the so called "National Front", wherein an artificial two-party system and near-complete bipartisan parity were imposed by force of arms, eliminating the possibility of any meaningful rotation of power;

And whereas in its dying years, the failure of the National Front order to ensure the full flowering of our creative genius in the political, social, economic and cultural fields have become increasingly evident, and the threat of civil war emerged;

And whereas such a civil war, if allowed to occur, would have been destructive of those very principles upon which our democratic society, responsible government and moral standards have been built, causing untold and unprecedented suffering among us and the shattering of all that we love and cherish on the rocks of expediency;

And whereas on October 20, 1981, the Honorable New Granadan National Defense Forces, who are part and parcel of us, have liberated New Granada from this dangerous path, as part of their mission to defend our national sovereignty and to ensure and uphold the principles of our democratic society, responsible government and moral standards, and in response to our overwhelming aspirations to again be free to mold our own destiny;

Now, therefore, We, the National People of New Granada,

Inspired by the glorious victory of the Revolution of October 20, 1981, and saluting its immortal leaders, who in the great national peril of those troubled times, kept aloft the banner of freedom, equality and democracy by the example of their courage, their fortitude and their martyrdom, whose names and deeds being forever enshrined in our hearts we shall always respect, honor and revere;

Mindful of our common achievements and our responsibility both towards creation and before future generations;

Aware that only those who use their freedom remain free and that the strength of a nation is measured by the welfare of its weakest members;

Convinced that the finances, industry, communications, education, business and technology of the world are global factors affecting all in which all must engage and from which all must benefit;

Acknowledging our common purpose of national cohesion and our common destiny as one people and one nation;

Considering it our duty to seek world peace in association with all peace- and freedom-loving nations; and

And Dedicated to the principle that all persons are entitled as of right, regardless of their race, place of origin, political opinions, color, creed, sex or any other distinction, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely—
life, liberty, the pursuit of happiness, human dignity, equality, security of the person, the protection of the law, and all other fundamental human rights;
freedom of conscience, of expression and of assembly and association;
privacy of their person, home, and private life;
protection of their property, particularly from its deprivation without compensation;
a happy, creative and productive life, free from hunger, disease, ignorance and want; and
the highest possible standard of living and quality of life consistent with the possibilities of the country's resources;

And accordingly by popular consensus, after full, free and open discussion, debate and participation, IN OUR CONSTITUENT ASSEMBLY this 11th day of December, 1986:

Solemnly resolve to give legal force to our aspirations to live in a safe and multifaceted society which

Respects our dignity;
Protects our rights;
Recognizes our potentials and provides opportunities for their fulfillment;
Listens to our voices;
Ensures a healthy environment;
and Encourages all people as such to live in harmony and peace;

Further resolve to establish the Commonwealth of New Granada on democratic values, the rule of law, and the foundations of

Justice, social, economic and political;
Liberty of thought, expression, belief, faith and worship;
Equality of status and of opportunity; and
Fraternity assuring the dignity of the individual and the unity and integrity of the Nation;

And in order to

Safeguard and build on the rich heritage in which our country is firmly rooted;
Affirm our sovereignty, our independence and our indissolubility;
Forge a system of governance that promotes concerted effort and broad-based participation in national decision-making;
Celebrate our cultural and racial diversity and strengthen our unity by eliminating any and every form of discrimination;
Create an ever more perfect nation, whose characteristics include the commitments, concepts, and other principles proclaimed in this preamble; and
Give that nation a constitution based on these commitments, concepts, and other principles, and best suited to the traditions and history of our land;

DO THEREFORE HEREBY ADOPT, ENACT AND GIVE TO OURSELVES the following CONSTITUTION

The Commonwealth of New Granada

1. Declaration of Republic.

New Granada shall be an indivisible federal secular sovereign democratic republic to be known as the Commonwealth of New Granada.

2. Supremacy of Constitution

This Constitution is the supreme law of New Granada and if any other law is inconsistent with this Constitution that other law shall, to the extent of the Inconsistency, be void.

3. The National Flag, National Emblem and National Anthem.

(1)

(a) The Flag of which the design is described in paragraph (b) is hereby declared to be the National Flag of New Granada.

(b) The design of the Flag shall be from the top of the Flag to the bottom thereof, three horizontal stripes of blue, yellow and green having equal breadth.

(c) The normal size of the Flag for official use shall be in the proportion of six units across to three units down.

(2) The National Emblem and National Anthem shall be such as Parliament shall prescribe.

4. Sovereignty of the People

(1) The People of New Granada hereby affirm their status as a nation, having an inalienable, indefeasible, and sovereign right to choose its own form of Government, to determine its relations with other nations, and to develop its political, economic and cultural, life, in accordance with its own genius and traditions.

(2) All powers of government in New Granada – whether in the State or Federal levels and whether legislative, executive, judicial, or otherwise – derive from the sovereign people of New Granada, whose right it is to designate the rulers of the State and, in final appeal, to decide all questions of national policy, according to the requirements of the common good.

(3) These powers of government are exercisable only as prescribed by or under this Constitution.

5. Political parties.

(1) Subject to the provisions of this Article, political parties may be freely established to participate in shaping the political will of the people, to disseminate information on political ideas, and social and economic programs of a national or state character, and to sponsor candidates for public elections, and shall be guaranteed freedom of action for those ends.

(2) The internal organization of a political party shall conform to democratic principles, and its aims, objectives, purposes and programs shall not contravene, or be inconsistent with, the principles of national sovereignty and of democracy.

(3) A statement of the sources of income and the audited accounts of a political party, together with a statement of its assets and liabilities, shall be submitted annually to the Federal Electoral Commission, but no such account shall be audited by a member of the political party whose account is submitted.

(4) No political party shall have as a leader a person who is not qualified to be elected as a Member of Parliament.

(5) No association, by whatever name called, shall be registered or be allowed to operate or to function as a political party if the Federal Electoral Commission is satisfied that such organization, if allowed to operate as a political party, would contravene the provisions of this Article.

(6) Subject to the provisions of this Constitution, and in furtherance of the provisions of this Article, Parliament may make laws regulating the registration, functions and operation of political parties.

(7) Any association aggrieved by a decision of the Federal Electoral Commission under this Article may appeal to the Supreme Court and the decision of the Court shall be final.

(8) For the purposes of this Article the expression—

"association" includes any body of persons, corporate or incorporate, who agree to act together for any common purpose; and

"political party" means any association registered as a political party under this Article.

6. States and Federal Territories of the Commonwealth

There shall be comprised in New Granada the following constituent units—

(a) 36 states, that is to say, Alexandria, Antigua, Arlene, Batmania, Buessia, the Cape of Plenty, Cisveria, Concorde, Connaught, Delaguerra, the Greater Silverbelt, Guernidy, Hancock, Ibañez, Kensattica, Keystone, Kristeane, the Lesser Silverbelt, Livingston, Morbihan, Morgan, Nara, Nevosa, New Brittany, New Orenburg, Oliveria, the Providence Islands, Quinaqua, Redding, the Smyrtan March, South Batmania, Tallis, Tetrapolitania, Toledo, Transiveria, and Ventura;

(b) the National Capital District of Port Michael, which shall be a Federal Territory;

(c) such other Federal Territories as may be established.

7. Legislative Powers

(1) Subject to the provisions of this Constitution—

(a) the Federal Legislative Power of New Granada (that is to say, the power to make laws for the peace, order and good government of the Federation or any part thereof) shall be vested in Parliament, and shall be exercised in accordance with this Constitution; and

(b) the Legislative Power of each State (that is to say, the power to make laws for the peace, order and good government of a given State or any part thereof) shall, in respect of such given State, be vested in the State Legislature concerned, and shall be exercised in accordance both with this Constitution and with the State Constitution concerned.

(2) The Federal Legislative Power of New Granada—

(a) shall extend to any matter included in the Federal Legislative List, and shall, with respect to those matters, be exclusive;

(b) shall also extend to any matter included in the Concurrent Legislative List, or incidental to the matters included in the Federal or Concurrent Legislative Lists, or incidental to any power conferred by or under this Constitution on any Federal Authority, or with respect to which Parliament is otherwise empowered to make laws in accordance with the provisions of this Constitution.

(3) The Legislative Power of each State—

(a) shall extend to any matter included in the State Legislative List, or not enumerated in any of the Legislative Lists, and shall, with respect to those matters, be exclusive;

(b) shall also extend to any matter included in the Concurrent Legislative List, or incidental to the matters included in the Concurrent or State Legislative Lists, or incidental to any power conferred by or under this Constitution or the State Constitution concerned on any State Authority, or with respect to which the State Legislature concerned is otherwise empowered to make laws in accordance with the provisions of this Constitution or of the State Constitution concerned.

(4) If any State Law is inconsistent with any Federal Law, the Federal Law shall prevail, and the State Law shall, to the extent of the inconsistency, be void.

(5) For the avodiance of any doubts arising under clause (4), it is hereby declared that–

(a) where the Federal Legislative Power and the Legislative Power of a given State both extend, for the time being, to a given matter, a Federal Law may amend or repeal, or provide for the amendment or repeal of, any State Law with respect to that matter;

(b) except as may be expressly provided by Federal Law, a State Law may not amend or repeal, or provide for the amendment or repeal of, any Federal Law, unless the Federal Law concerned no longer relates to any matter to which the Federal Legislative Power extends for the time being; and

(c) where the extent of the Legislative Powers (whether State or Federal) is altered, any existing law shall continue to have effect after the alteration has become effective, but may be subsequently amended or repealed as if the alteration has been in force at the moment of the Law's enactment.

(6) Save as otherwise provided by this Constitution, the exercise of the Legislative Powers (whether State or Federal) shall be subject to the jurisdiction of courts of law and of judicial tribunals established by law, and accordingly, neither Parliament nor a State Legislature may enact a law abridging that jurisdiction or prohibiting the exercise thereof.

8. Executive Powers

(1) Subject to the provisions of this Constitution—

(a) the Federal Executive Power of New Granada shall extend to the execution and maintenance of this Constitution and of all Federal Laws, and to all matters with respect to which the Federal Legislative Power of New Granada extends; and

(b) the Executive Power of each State shall, in respect of a given State, extend to the execution and maintenance of the State Constitution concerned and of all State Laws of that state, and to all matters with respect to which the Legislative Power of that State extends.

(2) The Federal Executive Power of New Granada shall be vested—

(a) in respect of Defense, Foreign Affairs, Internal Security, or the execution and maintenance of this Constitution, in the President, and may be exercised by him either directly or through the Vice-President, Ministers, and officers in the public service of the Federation; and

(b) in respect of all other matters, in the Cabinet, and may be exercised either by the whole Cabinet or by any Minister duly authorized in that behalf by the Cabinet or, subject to any directions of the Cabinet or such Minister, by subordinate officers acting on behalf of the Cabinet or such Minister:

Provided that nothing in this Article shall prevent Parliament from conferring functions on persons or authorities other than the President or Cabinet, and that where the execution of any document by a Minister is expressed to be on behalf of the Cabinet, any question whether that Minister was duly authorized by the Cabinet to execute the document shall not be inquired into in any court.

(3) The Executive Power of each State shall be vested in such person or authority as may be established by the State Constitution concerned, and may be exercised by that person or authority (or, in case of an authority, also by any member of that authority duly authorized in that behalf by the authority) either directly or through the State Executive Officers and officers in the public service of the State concerned:

Provided that nothing in this Article shall prevent the State Legislature concerned from conferring functions on any other person or authority;

Provided further that, where the execution of any document by a member of a State Executive Authority is expressed to be on behalf of the said Authority as a whole, any question whether that member was duly authorized by the Authority to execute the document shall not be inquired into in any court.

(4) The Executive Power of each State shall not be exercised so as to—

(a) impede or prejudice the exercise of the Federal Executive Power;

(b) endanger any asset or investment of the Government of the Federation in that State; or

(c) endanger the continuance of a Federal Government in New Granada.

9. Judicial Powers

(1) The Federal Judicial Power of New Granada shall be vested in the following courts, that is to say—

(a) the Supreme Court;

(b) the Circuit Courts;

(c) the Federal Magistrate's Courts; and

(d) such other courts as may be authorized or established by Federal Law to exercise jurisdiction on matters with respect to which the Federal Legislative Power of New Granada extends.

(2) The Judicial Power of each State shall be vested in such courts (including a court of last resort) as may be established by the State Constitution concerned, and in such other courts as may be authorized or established by State Law to exercise jurisdiction on matters with respect to which the Legislative Power of the State concerned extends.

Directive Principles of National Policy

10. Directive Principles are merely guiding

(1) The principles of national policy set forth in this Part are intended for the general guidance of the Federal Government and shall not be enforceable by any court, but are nevertheless fundamental in the governance of the country.

(2) It shall be the duty of Parliament and of Executive Government of the Commonwealth to respectively apply these principles in making and executing laws.

(3) The principles of national policy set forth in this Part shall apply to the States in like manner as they apply to the Commonwealth, mutatis mutandi.

11. Goal of economic development

The supreme goals of the economic system which is being established in New Granada are as follows:

(a) the fostering of a highly interdependent and integrated national economy, capable of achieving and maintaining sustainable competitive advantage in the context of a global competitive environment, on the basis of principles of the free market, wherein the ownership and control of economic and material resources, particularly including goods, services, capital, and the means of production, distribution, and exchange, are distributed within society and among private individuals to best serve the common good;

(b) the establishment of conditions favorable for development of such an economy; and

(c) the greatest possible satisfaction of the people's material, cultural and intellectual requirements, as well as the dynamically stable development of their personality, creativity, entrepreneurial skills, and economic-fiscal relations, in such an economy.

12. Free economic movement

The Commonwealth shall take every measure possible, within the resources available to it–

(a) to promote the free movement of goods, services, capital and labor within its borders; and

(b) to abolish any and all arrangements and relationships which impede or prevent the exercise of such free movement.

13. Prevention and elimination of Monopolies

The Commonwealth shall take every measure possible, within the resources available to it–

(a) to ensure the operation of free competition shall not be allowed to develop along paths which result in the concentration of the ownership or control of essential commodities in a few individuals to the detriment of the common good;

(b) to eliminate any and all situations wherein such a concentration occurs, and restore free and viable competition regarding the ownership or control of the commodities concerned.

14. Protection of consumers

(1) The Commonwealth shall take every measure possible, within the resources available to it–

(a) to ensure private enterprise is conducted with the aim of promoting reasonable efficiency in the production and distribution of goods; and

(b) to protect consumers against unjust exploitation.

(2) As part of the measures under clause (1)(b), the Commonwealth shall ensure that the hazardous properties (whether potentially or definitely), if any, of a good or service are known both to the supplier and the consumers, and, in particular, shall create a standardized system of warnings on hazardous properties, and implement its use in information relating to goods and services having (whether potentially or definitely) such properties.

15. Participation of workers in management of industries

The Commonwealth shall take every measure possible, within the resources available to it, to secure the participation of workers in the management of undertakings, establishments or other organizations engaged in any industry.

16. Private initiative

The Commonwealth shall take every measure possible, within the resources available to it, to foster, and, where necessary, supplement, entrepreneurship, individual and group initiative and creativity, and strategic alliances with domestic and global business partners in the private sector.

17. Ownership

(1) The Commonwealth recognizes and affirms that every individual and body corporate has the inalienable right, fundamental to positive law, to the private ownership of economic and material resources, particularly including goods, services, capital, and the means of production, distribution, and exchange.

(2) It is accordingly declared that the right of private ownership or the general right to transfer, bequeath, and inherit property are guaranteed to the people, and no law attempting to abolish them may be passed.

(3) The Commonwealth also extends recognition to ownership of the economic and material resources by the Commonwealth, by the States, and co-operatives, within such limits as may be prescribed by law, and shall take every measure possible, within the resources available to it, to regulate private, Commonwealth, State, and co-operative ownership according to the principles of social justice, and reconcile these forms of ownership within the frame of the common good.

18. The Family

(1) The Commonwealth recognizes the Family as the natural primary and fundamental base-unit of Society, and as a moral institution possessing inalienable and irrevocable rights, fundamental and superior to all positive law, and shall therefore take every measure possible, within the resources available to it, to protect the Family in its establishment and authority, as the necessary basis of social order and as indispensable to the welfare of the Nation and the People.

(2) In particular, the Commonwealth shall take every measure possible, within the resources available to it—

(a) to ensure that parents shall not be obliged by economic necessity to engage in work to the neglect of their duties in the home, out of a recognition that by their lives within the home, parents give to the Family a support without which the common good cannot be achieved; and

(b) to guard the institutions of Marriage and Adoption with special care, out of a recognition that the family is founded through each of these.

19. Children's upbringing

(1) The Commonwealth recognizes and affirms that the primary and natural provider of the child's upbringing is the Family, and the aim of such upbringing is to produce citizens properly trained and motivated to serve the needs of society.

(2) As the guardian of the common good, the Commonwealth shall pay special attention to ensure that, through this upbringing, the child is properly provided with moral, intellectual, physical and social strengths and talents, and a healthy and patriotic world outlook, to the extent necessary to deal with social issues and to meet the challenges of the modern technological age.

(3) Parents shall be free to provide the child's upbringing—

(a) in their homes;

(b) through wholly private institutions; or

(c) through institutions recognized or established by the Commonwealth or the States,

and the Commonwealth shall not oblige parents to pursue only one of these methods, or to any particular type of institution falling within these methods, in violation of the parents' conscience and lawful preference.

20. Equality of opportunity

(1) As the guardian of the common good, the Commonwealth shall take every measure possible, within the resources available to it, to ensure equality of opportunity to all its populace.

(2) These measures shall include, in particular—

(a) effective measures to remove social and economic inequality between individuals and sections of the populace; and

(b) effective measures to ensure the equitable distribution of wealth and opportunities among individuals and sections of the populace;

in order to attain a uniform level of economic development throughout the Republic.

21. Separation of Powers

The Commonwealth shall take every measure possible, within the resources available to it—

(a) to ensure the separation of the legislature from the executive and judicial organs of Government;

(b) to ensure the separation of the executive from the legislative and judicial organs of Government; and

(c) to ensure the separation of the judiciary from the legislative and executive organs of Government.

22. Free and Compulsory Education

(1) The Commonwealth shall take every measure possible, within the resources available to it, to establish a uniform, mass-oriented and universal system of education from nursery to university, and to ensure and progressively expand free and compulsory access to such education among its populace.

(2) These measures shall include, in particular—

(a) providing a curriculum designed to reflect the cultural diversities of New Granada, relate to the needs of society, and fulfill the aims of children's upbringing;

(b) supplementing and giving reasonable aid to private and corporate educational initiative; and

(c) when the public good requires it, providing educational facilities or institutions.

23. Illiteracy

(1) The Commonwealth shall take every measure possible, within the resources available to it—

(a) to prevent the emergence of illiteracy among the populace; and

(b) to remove illiteracy among the populace where its emergence cannot be averted.

24. Public health and morality

(1) As the guardian of the common good, the Commonwealth shall pay special attention to the level of access to the basic necessities of life, including food, clothing, shelter, education and medical care, and shall therefore take every measure possible, within the resources available to it, to improve the health and morality of its populace.

(2) These measures shall include, in particular—

(a) securing safe and hygienic conditions of work for all the populace;

(b) prohibiting the consumption of narcotic drugs for reasons other than medical purposes;

(c) preventing the consumption of gambling, prostitution, alcoholic drinks and tobacco products by persons aged less than 18 years, and regulating such consumption, with the aim of minimizing the noxious effects resulting therefrom, in other cases;

(d) prohibiting the public exhibition of obscene or pornographic content;

(e) preventing the consumption of obscene or pornographic content by persons aged less than 18 years, and regulating such consumption, with the aim of its minimization, in other cases.

25. The environment, agriculture and animal husbandry

The Commonwealth shall take every measure possible, within the resources available to it–

(a) to organize agriculture and animal husbandry on modern and scientific lines;

(b) to protect and improve the environment; and

(c) to safeguard the forests and wildlife of the country.

26. National Culture

(1) As the guardian of the common good, the Commonwealth shall pay special attention to the level of contribution towards and participation in the enrichment of the national culture, and shall therefore take every measure possible, within the resources available to it–

(a) to conserve the cultural traditions and heritage of the people; and

(b) to foster and improve arts, theater, literature, cinema, and music.

(2) The Commonwealth shall take every measure possible, within the resources available to it, to protect every national monument and every other object or place of artistic or historic importance or interest from spoliation, disfigurement, destruction, removal, disposal or export.

27. National self-defense

(1) Whereas, through this Constitution, the Sovereign People of New Granada have affirmed their status as a Nation, and whereas that status entails a right to national self-defense the provisions of this Article shall have effect for the purpose of defining and affording protection to that right.

(2) The right to national self-defense constitutes the right of the Sovereign People of New Granada to defend their national sovereignty and the sacred principles of the Revolution of October 20, 1981, and to ensure and uphold the principles of their democratic society, responsible government and moral standards.

(3) Accordingly, to protect and vindicate that right, the Commonwealth shall establish National Defense Forces, and such Forces shall be part and parcel of the Sovereign People.

28. Principles governing international relations

(1) The policy to be taken by the Commonwealth in its relations with foreign countries shall be based off the following principles, that is to say—

(a) the ideal of peace and friendly co-operation among nations, founded on international justice and morality;

(b) peaceful settlement of international disputes; and

(c) national sovereignty and equality between the nations;

(d) non-interference in the internal affairs of other countries; and

(e) the generally recognized principles of international law, including those enunciated in the United Nations Charter and Universal Declaration of Human Rights.

29. Promotion of international peace and security

On the basis of the principles enunciated in Article 28, the Commonwealth shall take every measure possible, within the resources available to it—

(a) to promote international peace and security;

(b) to maintain just and honorable relations with other countries;

(c) to foster respect for international law and treaty obligations in the dealings of organized peoples with one another; and

(d) to encourage the renunciation of the use of force in international relations and the settlement of international disputes by arbitration.

30. Other foreign policy objectives

(1) The Commonwealth recognizes and affirms the right of every people freely to determine and build up its own social, economic and political system by ways and means of its own free choice, and shall take every measure possible, within the resources available to it, to uphold and vindicate that right.

(2) The Commonwealth shall take every measure possible, within the resources available to it, to support oppressed peoples throughout the world in their just struggle for national liberation and social progress;

(3) The Commonwealth shall pursue a foreign policies aimed to promote human rights and fundamental freedoms and oppose the following forms of oppression, that is to say—

(a) communism, fascism, religious fundamentalism, and all other authoritarian, totalitarian, and anti-democratic manifestations;

(b) colonialism, neo-colonialism, national exploitation, and all other manifestations contrary to the principles of equality between the nations;

(c) racism, xenophobia, irredentism, revanchism, and all other manifestations contrary to the principles of national sovereignty.

Fundamental Rights and Freedoms of the Individual

Status, Application and Interpretation

31. Status of Bill of Rights

(1) The Bill of Rights, as provided for in this Part, is fundamental to democracy and constitutionalism and shall be the basis of New Granada's social, political, legal, economic and cultural policies and government action.

(2) The rights and freedoms set out in this Bill of Rights—

(a) are inherent in each individual;

(b) protect the dignity of the person; and

(c) are subject to the limitations, derogations and restrictions provided for in Articles 73, 74 and 75.

(3) The enumeration of rights and freedoms in this Bill of Rights may not be construed so as to exclude or deny the existence of any other rights and freedoms recognised or conferred by law, or otherwise retained by the people, to the extent those rights and freedoms are consistent with this Constitution.

32. Recognition of role of civil society

The Commonwealth shall recognize the role of civil society in the promotion and protection of the Bill of Rights.

The Commonwealth and the States each guarante to respect the rights and freedoms enumerated in the Bill of Rights in their respective laws, and, as far as practicable, to thereby defend and vindicate these rights.

33. Development of jurisprudence and Bill of Rights interpretation

(1) Where legislation does not give effect to a right or freedom, the Supreme Court shall develop human rights jurisprudence:

Provided that where the legislation concerned deals with matters with respect to which the Legislative Power of a given State extends, the court of last resort of that State may also develop human rights jurisprudence.

(2) A court, the Human Rights Commission, a Commonwealth institution, a State institution, a person or body shall interpret a right or freedom in a manner consistent with Article 31.

Civil and Political Rights

34. Protection from discrimination

A person shall not be discriminated against, except under a law that provides for affirmative action.

35. Right to life

(1) A person has the right to life.

(2) A person shall not be deprived of life intentionally:

Provided that this clause shall not apply to deprivation of life which results from use of force which is no more than absolutely necessary:

(a) to defend any person from illegal acts of violence;

(b) to effect a lawful arrest;

(c) to prevent the escape of a lawfully-detained person;

(d) to quell a riot or insurrection by lawful means.

(3) The death penalty may only be imposed for crimes under military law—

(a) who is pregnant;

(b) who is a child; or

(c) where there are extenuating circumstances relating to the commission of the offence.

36. Freedom of person

A person has the right to freedom of the person which includes the right not to be deprived of that freedom arbitrarily.

37. Security of person and protection from inhuman treatment

(1) A person has the right to security of the person which includes the right not to be subjected to human trafficking.

(2) A person has the right not to be—

(a) subjected to torture; or

(b) treated or punished in a cruel, inhuman or degrading manner.

38. Protection from slavery, servitude and forced labor

(1) A person shall not be held in slavery or servitude.

(2) A person shall not be required to perform forced labor.

39. Protection of privacy of person, home, property and communication

A person has the right to privacy, which includes the right not to—

(a) be searched;

(b) have that person's home or property searched;

(c) have that person's possessions seized;

(d) have information relating to that person's family, health status or private affairs unlawfully required or revealed; or

(e) have the privacy of that person's communications infringed.

40. Freedom of conscience, belief and religion

(1) A person has the right to freedom of conscience, belief and religion.

(2) A person has the right, individually or in community with others, publicly or privately, to manifest any religion or belief through worship, observance, practice or teaching, including the observance of a day of worship.

(3) Clause (2) does not extend to conduct or statements that infringe the enjoyment of freedom of conscience, belief and religion by others or that may incite religious wars.

(4) A person shall not be compelled to act, or engage in an act that is, contrary to that person's conscience, belief or religion.

(5) A person shall not be deprived of access to an institution or a facility on the basis of that person's belief or religion.

41. Freedom of expression

(1) A person has the right to freedom of expression which includes—

(a) freedom to hold an opinion;

(b) freedom to receive or impart information or ideas;

(c) freedom of artistic creativity;

(d) academic freedom; and

(e) freedom of scientific and technological research, as prescribed.

(2) Clause (1) does not extend to—

(a) conduct or statements which incite war, genocide, crimes against humanity or other forms of violence; or

(b) statements which—

(i) vilify or disparage others; or

(ii) incite hatred.

42. Access to information

(1) A person has the right of access to information held by the Commonwealth or another person which is lawfully required for the exercise or protection of a right or freedom.

(2) A person has the right to demand the correction of false or misleading information recorded or published about that person.

(3) The Commonwealth shall proactively publicize information that is in the public interest or affects the welfare of the Nation.

43. Freedom of media

(1) Subject to clause (3), the freedom and independence of electronic, broadcasting, print and other forms of media is guaranteed.

(2) The Commonwealth shall not exercise control over or interfere with a person engaged in—

(a) broadcasting or the production or circulation of publications; or

(b) the dissemination of information through any media.

(3) The Commonwealth may license broadcasting and other electronic media where it is necessary to regulate signals and signal distribution.

(4) Public media shall—

(a) independently determine the editorial content of their broadcasts or communications; and

(b) afford fair opportunity for the presentation of divergent views and dissenting opinions.

44. General political rights

A citizen has a right to participate in political activities.

45. Freedom of association

(1) A person has the right to freedom of association, which includes the right to form, join or participate in the activities of an association.

(2) A person shall not be compelled to join an association.

46. Right to assemble, demonstrate, picket and petition

A person has the right, peacefully and unarmed, to assemble, demonstrate or picket and present petitions to Commonwealth organs and Commonwealth institutions.

47. Freedom of movement and residence

A person has the right to freedom of movement, which includes the right—

(a) as a citizen, to a passport; and

(b) to enter, remain, leave and reside anywhere in the Commonwealth, subject to the imposition of restrictions on the entry, movement or residence of persons who are not citizens, as prescribed.

48. Non-refoulement for asylum seekers and refugees

A person who is granted asylum or refuge in New Granada has a right not to be returned to the country of origin or a third country if that person has a well founded fear of persecution, in the country of origin or a third country, which justifies that person's request for asylum or refuge.

49. Acquisition and protection of property

(1) A person has the right, individually or in association with others, to own property in any part of New Granada.

(2) The Commonwealth or a person shall not arbitrarily deprive a person of property.

(3) The Commonwealth shall not compulsorily acquire a person's property unless the acquisition is in the public interest.

(4) Where a person's property is compulsorily acquired in accordance with clause (3)—

(a) the Commonwealth shall promptly, adequately and effectively compensate that person; and

(b) that person, or any person who has an interest in or right over that property, has a right of access to a court.

(5) Where the Commonwealth compulsorily acquires land from occupants who have acquired the land in good faith and who do not hold title to the land, the Commonwealth shall provide for compensation to be paid to the occupants, as prescribed.

(6) The rights under this Article do not extend to property unlawfully acquired.

50. Equality before law

All persons are equal before the law and have the right to equal protection and benefit of the law.

51. Fair administration

A person has the right to administrative action that is expeditious, lawful, reasonable and procedurally fair.

52. Access to justice

(1) A person has the right to access justice.

(2) A person has the right to execute a judgment against the Commonwealth after one year of the delivery of the judgment.

(3) A court shall not order security for costs on matters of public interest litigation.

53. Rights of suspects

A person who is suspected of committing an offence is entitled to—

(a) remain silent; and

(b) be informed in a language which that person understands of the

(i) right to remain silent; and

(ii) consequences of remaining silent.

54. Rights of persons in custody

(1) A person shall not be held in custody without being charged.

(2) A person who is held in custody retains that person's rights and freedoms, except to the extent that a right or freedom is incompatible with being in custody.

(3) A person who is held in custody is entitled to petition for a writ of habeas corpus.

55. Rights of accused persons and detainees

Subject to Articles 72, 73, 74, 75 and 76, an accused person or a detainee has the right—

(a) to remain silent;

(b) to be informed in a language which that person understands of the—

(i) right to remain silent; and

(ii) consequences of remaining silent;

(c) to be informed, as soon as reasonably practicable, of the reasons for the arrest or detention

(i) in a language which that person understands;

(ii) in the case of a visually impaired person, in Braille or tactile diagrams;

(iii) in the case of a deaf person, in sign language; or

(iv) in another appropriate form of communication;

(d) not to be compelled to make a confession or an admission;

(e) to be held separately from persons who are serving a sentence;

(f) to be released on bond, unless there is compelling reason to the contrary; and

(g) to be brought before a court—

(i) within forty-eight hours after being arrested or detained;

(ii) not later than the end of the first court day after the expiry of the forty-eight hours, if the forty eight hours expire outside ordinary court hours;

(iii) as speedily as possible, if that person is arrested or detained far from a court;

(iv) for trial within ninety days of being arrested; or

(v) to be released on bail, as prescribed.

56. Fair trial

(1) A person has the right to have a dispute decided timely and to have a fair hearing before a court or, where appropriate, an independent and impartial tribunal.

(2) An accused person or a detainee has the right to a fair trial, which includes the right—

(a) to be presumed innocent until the contrary is proved;

(b) to be informed, as soon as is reasonably practicable, of the charge with sufficient details to answer the charge;

(c) to have adequate time and facilities to prepare a defense;

(d) to be present when being tried, unless the conduct of the accused person or detainee makes it impossible for the trial to proceed;

(e) to have the trial commenced and judgment given without unreasonable delay;

(f) to compensation for wrongful detention or imprisonment;

(g) to choose, and be represented by, a legal practitioner and to be informed of this right before taking plea;

(h) to have a legal practitioner assigned to the accused person by the Commonwealth, at public expense, if substantial injustice would otherwise result;

(i) to be informed promptly of the right in paragraph (h);

(j) to remain silent during the trial and not to testily during the proceedings;

(k) to challenge and adduce evidence;

(l) not to have illegally obtained evidence admissible at the trial;

(m) not to be compelled to give self-incriminating evidence;

(n) to have, without payment, the assistance of an interpreter if the accused person cannot understand the language used at the trial and, in the case of a deaf person, a sign language interpreter;

(o) not to be charged, tried or convicted for an act or omission that was not, at the time it was committed or omitted, an offence under a written law;

(p) not to be tried for an offence in respect of an act or omission for which that person had previously been acquitted or convicted;

(q) to the benefit of the least severe of the prescribed punishment, if the prescribed punishment for an offence was changed between the time that offence was committed and the time of sentencing; and

(r) of appeal to, or review by, a higher court.

(3) Where this Article requires information to be given to a person, that information shall be given—

(a) in a language which that person understands;

(b) in the case of a visually impaired person, in Braille or tactile diagrams;

(c) in the case of a deaf person, in sign language; or

(d) in another appropriate form of communication.

57. Right to retrial and re-examination of evidence

(1) A person who is convicted of an offence and whose appeal has been dismissed by the highest court to which that person is entitled to appeal, may petition the Supreme Court for a retrial if new and compelling evidence is available.

(2) Where there is compelling evidence that a person may be innocent of an offence, the Commonwealth may petition the Supreme Court to reexamine that evidence and determine whether that person committed the offence or not.

58. Equality of both genders

(1) Women and men have the right to equal treatment and opportunities.

(2) Women and men have an equal right to inherit, own, use, administer and control property.

(3) A woman and a man have equal rights in the marriage and at the dissolution of the marriage.

(4) Without limiting a right or freedom, women and men have the right to—

(a) reproductive health, including family planning and access to related information and education;

(b) acquire, change or retain their nationality, including the right to change the nationality of their child if this is in the best interest of the child;

(c) choose residence and domicile;

(d) guardianship or adoption of a child; and

(e) choose a family name.

Economic, Social, Cultural and Environmental Rights

59. Economic and social rights

(1) A person has the right, as prescribed, to—

(a) health care services;

(b) decent housing;

(c) food of acceptable standard;

(d) clean and safe water;

(e) decent sanitation;

(f) social protection; and

(g) education.

(2) A person shall not be denied emergency medical treatment.

60. Choice of trade, occupation or profession

A person has the right to choose a trade, an occupation or a profession, subject to limitations imposed by law.

61. Labor relations

(1) A person has the right to employment and fair labor practices.

(2) A person in employment has the right to—

(a) fair remuneration commensurate to the productivity or size of the enterprise;

(b) decent working conditions;

(c) a pension benefit commensurate with that person's office, salary and length of service; and

(d) form, join or participate in the activities and programs of a trade union, including going on a lawful strike.

(3) An employer has the right to—

(a) form and join an employers' organization;

(b) participate in the activities and programs of an employers' organization; and

(c) lock out.

(4) A trade union and an employers' organization have the right to—

(a) determine their own administration, programs and activities; and

(b) form or join a federation.

62. Consumer rights

A consumer has the right to—

(a) goods and services of reasonable quality and standard;

(b) information necessary to gain full benefit from goods and services;

(c) compensation for loss or injury arising from a defect in goods or services; and

(d) fair, honest and decent advertising of goods and services.

63. Language, culture and intellectual property rights

(1) Subject to any rights emanating from the status of the English Language as the official language, a person has the right to use a language of that person's choice.

(2) A person who belongs to a cultural or linguistic community has the right, with other members of that community to—

(a) enjoy that person's culture; and

(b) form,join or maintain cultural and linguistic associations.

(3) A person shall not be compelled to—

(a) perform, observe or participate in cultural practices or rites; or

(b) form,join, contribute, maintain or pay allegiance to a cultural or linguistic association.

(4) The Commonwealth shall—

(a) recognize the role of science, technology and indigenous technology in the development of the Nation; and

(b) support, promote and protect intellectual property rights.

64. Environment

A person has the right to a safe, clean and healthy environment.

65. Progressive realization of economic, social, cultural and environmental rights

(1) The Commonwealth shall take reasonable measures for the progressive realization of economic, social, cultural and environmental rights.

(2) Where a claim is made against the Commonwealth on the non-realization of an economic, social, cultural or environmental right, it is the responsibility of the Commonwealth to show that the resources are not available.

(3) The Supreme Court shall not interfere with a decision by the Commonwealth concerning the allocation of available resources for the progressive realization of economic, social, cultural and environmental rights.

66. Further rights for older members of society

The older members of society are further entitled to the right to—

(a) participate fully in the affairs of society;

(b) personal development;

(c) independent living; and

(d) social protection, as prescribed.

67. Further protections and rights relating to marriage and family

(1) The Commonwealth shall recognize and protect the family as the natural primary and fundamental base-unit of Society and the necessary basis of the social order.

(2) A person who is eighteen years of age or older has the right to choose a spouse (regardless of sex) and marry.

(3) The Commonwealth shall—

(a) ensure the right of women to adequate maternity leave;

(b) ensure the availability of adequate paternity leave;

(c) ensure the availability of maternal health care and child health care; and

(d) promote the establishment of childcare facilities.

(4) A pregnant or nursing woman has the right to a noncustodial sentence, except as a measure of last resort where she poses a danger to the community.

68. Special and further rights for children

(1) A child is equal before the law.

(2) In all actions and decisions concerning a child, the best interest of the child shall be the primary consideration.

(3) A child's mother and father, whether married to each other or not, have an equal duty to protect and provide for the child.

(4) A child is further entitled to the following civil and political rights:

(a) to acquire a nationality;

(b) to registration of birth and to a name;

(c) not to be subjected to corporal punishment or other form of violence, cruel or inhuman treatment in the home, school or an institution responsible for the care of children;

(d) to be protected in times of armed conflict and not to be recruited and used in armed conflict;

(e) not to take part in hostilities;

(f) to protection from all forms of sexual exploitation or abuse;

(g) not to be subjected to harmful cultural rites and practices;

(h) not to be incarcerated on account of the mother's incarceration;

(i) not to be held in custody, except as a measure of last resort, in which case the child shall be—

(i) held in custody for a period of not more than forty-eight hours;

(ii) kept separate from adults in custody;

(iii) accorded legal assistance by the Commonwealth;

(iv) treated in a manner and be kept in conditions that take into account the child's gender and age; and

(v) tried in a Children's Court;

(j) to protection of the child's identity from exposure by the media or a person during criminal proceedings;

(k) not to be discriminated against, neglected or abused;

(l) not to be engaged in work that is exploitative or likely to be hazardous or adverse to the child's health or welfare;

(m) not to marry or be forced to marry;

(n) to know of decisions affecting the child, to express an opinion and have that opinion taken into account, having regard to the age and maturity of that child and the nature of the decision; and

(o) to diversion programs.

(5) A child is further entitled to the following economic and social rights:

(a) parental care or, where the child is separated from its parents, to appropriate alternative care;

(b) free primary and secondary education;

(c) survival and development;

(d) adequate nutrition, shelter, basic health care services, social protection and social services; and

(e) a standard of living adequate for the child's physical, mental, spiritual, moral and social development.

(6) The Commonwealth shall protect a child—

(a) with special needs;

(b) who is orphaned;

(c) whose parent or guardian is in prison;

(d) whose parent or guardian is unfit to look after the child;

(e) with disability;

(f) who is a refugee; and

(g) who is homeless or lives or spends time on the streets.

69. Further rights for youth

The youth are further entitled to the right to—

(a) personal development;

(b) participate in governance;

(c) access gainful employment; and

(d) participate in the social, economic, political and other spheres of national life.

70. Further protection of young persons

(1) Subject to clause (2), a person shall not engage a young person in an occupation or employment which would prejudice the health, education or interfere with the physical, mental or moral development of that young person.

(2) A young person may be employed for a wage, as prescribed.

71. Further rights for persons with disabilities

A person with disability is further entitled to the right to—

(a) education and facilities that integrate the person into society;

(b) access to the physical environment, information, communication, public facilities and services, places and transportation;

(c) access materials, facilities and assistive devices for persons with disability;

(d) use sign language, Braille or other appropriate means of communication;

(e) be addressed or referred to in an enactment or officially, publicly or privately, in a manner that is not demeaning, derogatory or discriminatory;

(f) equal opportunities in cultural, political, economic and social activities;

(g) tax free materials and assistive devices;

(h) personal development and independent living; and

(i) social protection, as prescribed.

Non-derogable Rights and Freedoms, Limitations and Derogations

72. Non-derogable rights and freedoms

Notwithstanding any other provision, a law shall not derogate from the following rights and freedoms:

(a) security of person and protection from inhuman treatment;

(b) protection from slavery, servitude or forced labor;

(c) freedom of conscience, belief and religion;

(d) the right to a writ of habeas corpus;

(e) non-refoulement as provided for in Article 48; and

(f) a right to a fair trial.

73. Limitations on rights and freedoms

A right or freedom is limited by—

(a) a limitation, restriction or qualification expressly set out in the Article or clause containing that right or freedom;

(b) the limitations and restrictions specified in this Article and Article 54; and

(c) the limitations and restrictions provided in a law of general application as provided in Article 54, which do not negate the core or the essential content of the right or freedom and is reasonable and justifiable in a democratic society, taking into account—

(i) the nature of the right;

(ii) the purpose of the limitation or restriction;

(iii) the extent of the limitation or restriction; and

(iv) whether there are alternative means to achieve the required purpose.

74. Limitations and restrictions under law

A law that limits or restricts a right or freedom is valid only to the extent that the law—

(a) is reasonably required in the interest of public defense and security, public safety, public order, public morality, public health, national, provincial and local spatial planning, taxation or the development, management and utilization of natural and mineral resources;

(b) relates to the acquisition of property to secure the development, management or utilization of the property for a purpose beneficial to the community or the public generally, upon the payment of due compensation;

(c) relates to a contract, lease, trust, settlement, deed, letter of administration, tenancy, mortgage, charge, pledge, bill of sale or title deed to land or other instrument;

(d) provides for licensing of activities;

(e) is required to enforce a judgment or an order of a court or tribunal; or

(f) imposes restrictions and duties on defense and security officers, other public officers and Constitutional officeholders.

75. Derogation of rights and freedoms during emergency or national disaster

An act or measure taken, under a law, during war, state of public emergency, threatened state of public emergency or a national disaster shall not be inconsistent with this Part—

(a) if the act or measure taken is reasonably justifiable for dealing with the war, state of public emergency, threatened state of public emergency or national disaster; and

(b) if the law provides for the necessary detention of persons during a war, state of public emergency or threatened state of public emergency, subject to Article 56.

76. Measures applicable during war or emergency

(1) Where a person is detained during a war, state of public emergency or threatened state of public emergency, the following shall apply:

(a) that person shall, as soon as is reasonably practicable, and in any case not more than fourteen days after the commencement of the detention or restriction, be furnished with a statement, in writing, specifying, in detail, the grounds of the restriction or detention

(b) not more than seven days after the commencement of the detention a notification shall be published in the Gazette—

(i) giving particulars of the place of detention; and

(ii) stating the provision of the law under which the detention is authorized;

(c) if that person so requests, at any time during the period of the detention or not later than twenty-one days after the commencement of the detention and at intervals of not more than thirty days thereafter, the case shall be reviewed by the Supreme Court;

(d) that person shall be afforded reasonable facilities to consult a legal practitioner of that person's choice who shall be permitted to make representations to the authority by which the detention was ordered or to the Supreme Court; and

(e) at the hearing of the case by the Supreme Court, that person may challenge the—

(i) detention; or

(ii) validity of the declaration of war, state of public emergency or threatened state of public emergency and the measures taken during that period.

(2) The President may refer to the Supreme Court for review the case of a person who has been or is detained under a detention order under any law.

(3) The Supreme Court shall make a decision on a matter reviewed by it under this Article.

Enforcement of Bill of Rights

77. Enforcement of Bill of Rights

(1) A person who alleges that a provision of the Bill of Rights has been or is being contravened, in relation to the person, may apply for redress to the Supreme Court or to another court which that person has immediate access to.

(2) A person may bring an action against the violation of another person's rights and freedoms.

78. Report on realization of rights and freedoms

The President shall, in his State of the Nation Address, report on the measures taken by the Commonwealth in the realization of the Bill of Rights.

CHAPTER V. DECLARATION OF WAR, STATE OF PUBLIC EMERGENCY, THREATENED STATE OF PUBLIC EMERGENCY AND NATIONAL DISASTERS

79. Declaration of war.

(1) The Senate may, by a resolution proposed by the President and passed by the votes of a majority of all the Senators, declare war between New Granada and another country.

(2) Before proposing motion under clause (1) to the Senate, the President shall consult with the Cabinet.

(3) A declaration made in accordance with clause (1) shall—

(a) as soon as is reasonably practicable, be published in the Federal Gazette; and

(b) continue in force until the cessation of hostilities.

80. Declaration of state of public emergency and threatened state of public emergency.

(1) Where a state of war, disorder, invasion, insurrection or other political, social or economic catastrophe exists, the President may, after consultation with the Cabinet, declare a state of public emergency in consequence of that catastrophe.

(2) Where the President considers that a catastrophe in consequence of which a state of public emergency may be declared is imminent or that a situation has arised which, if allowed to continue, may lead to such a catastrophe, he may, after consultation with the Cabinet, declare a threatened state of public emergency.

(3) A declaration made in accordance with clause (1) or (2)—

(a) shall be effective prospectively;

(b) shall, as soon as is reasonably practicable, be published in the Federal Gazette; and

(c) shall continue in force—

(i) for a period not exceeding twenty-one days from the date of the declaration, unless the Senate resolves to extend the period in accordance with clause (4); or

(ii) until the declaration is revoked by the President.

(4) The Senate may, by a resolution passed by the votes of a majority of all the Senators, extend the period during which a declaration made in accordance with clause (1) or (2) shall apply, for periods not exceeding three months each.

81. Restrictions on laws relating to state of public emergency and threatened state of public emergency.

(1) A law relating to a state of public emergency or threatened state of public emergency—

(a) shall not indemnify the State or a person in respect of an unlawful act committed during the state of public emergency or threatened state of public emergency; and

(b) shall not be enforced after the cessation of the state of public emergency or threatened state of public emergency.

(2) An action or measure taken in consequence of a declaration of a state of public emergency or threatened state of public emergency shall not indemnify the State or a person in respect of an unlawful act committed during that period.

82. Validity of emergency.

A person may apply to the Supreme Court for a hearing—

(a) on the validity of a declaration of a state of public emergency or threatened state of public emergency, and of any extension thereof; and

(b) whether any legislation relating to, action or measure taken during, a state of public emergency or threatened state of public emergency was reasonable.

83. Declaration of national disasters.

(1) The President may, after consultation with the Cabinet, declare that a national disaster exists.

(2) A declaration made in accordance with clause (1) shall, as soon as is reasonably practicable, be published in the Federal Gazette.

(3) An action or measure taken in consequence of a declaration of a national disaster shall not indemnify the State or a person in respect of an unlawful act committed during that period.

CHAPTER IV SUFFRAGE, ELECTIONS, INITIATIVES AND REFERENDUMS

84. Right to Vote.

(1) Every citizen of New Granada being eighteen years of age and above shall have the right to vote, and accordingly shall be automatically registered as a voter for the purposes of public elections and referenda:

Provided that a person shall not have the right to vote, and accordingly shall be unregistered as a voter–

(a) if he has been convicted of an offense relating to elections, while he serves his sentence for such an offence;

(b) if he has been declared by or under law to be of unsound mind, while such a declaration remains in effect; and

(c) if a Court has, for extraordinary reasons, considered his disenfranchisement desirable, while the declaration effecting his disenfranchisement remains in effect.

(2) The Federal Electoral Commission shall cause the register of voters to be revised and reviewed on the months of May and November in every calendar year, and in such other times as it may deem fit.

85. Voting in Public Elections

(1) At any public elections or referenda, the franchise shall be universal and equal, and voting shall be by secret ballot.

(2) Persons desiring to vote shall (except in the case of a postal absentee ballot) present photographic identification before voting.

(3) Absentee ballots (whether by post or by an absentee ballot box) shall be regulated by an Act of Parliament.

(4) Votes may only be cast in advance where the voter concerned cannot travel back to their polling station on election day.

86. Referendum.

(1) If the President considers, or if not less than 20 members of Parliament or not less than 30 members of at least 10 state legislatures or the Governors of not less than 10 states or not less than 50,000 persons who are voters represent to the President, that an expression of public opinion is desirable on any issue, the President shall order by proclamation that a referendum on that issue.

(2) The issue in any referendum shall not be regarded as having been approved at that referendum unless it was so approved by the votes of not less than one-half of all the valid votes cast, unless otherwise prescribed by this Constitution.

87. Time of holding general elections.

(1) General election day shall be the first Wednesday in June in a given year.

(2) The President, Representatives, Governors (if directly elected) and State Legislatures shall be ordinarily chosen at general elections.

(3) Local elective officers shall be chosen at general elections or at such other times as may be provided by law.

THE FEDERAL EXECUTIVE

A. The President

88. The office of President

(1) There shall be a President of the Commonwealth of New Granada, who shall be the Head of State and supreme executive authority of New Granada.

(2) The President shall be the Fountain of Honor and Justice and the symbol of national unity and sovereignty.

(3) The President shall be the guardian of the Constitution and the guarantor of national independence and territorial integrity, and shall ensure respect for treaties and international agreements.

(4) Without derogation from the generality of the powers conferred by the foregoing clauses, the President shall, subject to the provisions of this Constitution, have power—

(a) to ensure, by his arbitration, the proper functioning of the public authorities and the continued existence of the Commonwealth;

(b) to receive ambassadors, high commissioners, consuls, and other diplomatic and consular representatives accredited to New Granada, and appoint the diplomatic and consular representatives of New Granada in foreign countries and international organizations;

(c) to grant pardon, commutation, remission, reprieve, and clemency for offences against Federal and State Law;

(d) to revoke or vary pardons, commutations, remissions, reprieves, and clemencies for offences against State Law given by a Governor;

(e) to enter into and to ratify conventions, treaties and agreements with foreign countries;

(f) to enter into and to ratify extra-state compacts and agreements between the Federation and the States;

(g) to confer honors, orders, decorations, and awards of the Commonwealth;

(h) to represent the Commonwealth in all its official functions; and

(i) to otherwise engage in such symbolic or ceremonial activities as he thinks fit.

89. Qualifications for election as President

(1) A person shall be qualified for election as President if, and shall not be so qualified unless, he or she–

(a) is a citizen of New Granada on the date of nomination for election and has continuously been a citizen thereof for a period of fourteen years immediately before that date;

(b) is on the date of nomination for election aged not less than 35 years;

(c) is residing in New Granada on the date of nomination for election and was continuously residing therein for a period of seven years immediately before that date; and

(d) is otherwise qualified to be elected as a member of Parliament.

(2) A person who has held the office of President for two terms consecutively is not eligible–

(a) for immediate re-election as President for a third consecutive term;

(b) for election as Vice-President for the term immediately following his second consecutive term as President;

(c) for re-election as President, or election as Vice-President, at any Special Presidential Election occurring within three years of the expiry of his second term.

(3) for the purposes of clause (2), any person who assumed office as President otherwise than by virtue of his being elected in an Ordinary Presidential Election shall be deemed–

(a) to have served a full term as President if, at the date on which he assumed office, more than three years remain before his predecessor's term would have expired; and

(b) not to have served a term of office as President, in any other case.

(4) In determining continuity of residence, residence outside New Granada to–

(a) seek medical help;

(b) study at a university or an institution of higher learning for not more than four years;

(c) work for the Government,

shall be disregarded.

90. Election of President

(1) The President shall be elected for a term of six years in accordance with this Article.

(2) Each voter shall be entitled to vote at a presidential election, and shall accordingly shall have the following votes:

(a) such number of votes (referred to in this Part as electoral votes) as is equal to the number of seats the State is entitled to in the Electoral College, which may be given for any candidate named in a list of candidates for members of the Electoral College submitted by a registered political party in respect of a given state, without regard as to whether or not electoral votes have been given for candidates named in different lists:

provided that–

(i) no person may cast more than three electoral votes for any one candidate; and

(ii) a person may cross out the name of any candidate named in a list of candidates for members of the Electoral College to whom that person did not give an electoral vote; and

(b) one vote (referred to in this Part as a presidential vote) which may be given for a Presidential candidate.

(3) The following provisions shall apply to an election of the Electoral College—

(a) Each state shall be entitled, in the Electoral College, to a number of seats which equals to the the total number of Senators and Representatives elected by that state;

(d) The members of the Electoral College shall be elected by the system of Proportional Representation prescribed in this clause;

(c) the poll shall be taken by a secret ballot at such time and in such manner as may be prescribed by or under an Act of Parliament;

(d) Any registered political party may submit a list of candidates for members of the Electoral College in respect of each state;

(e) The list must neither include more persons in number than the number of seats the State is entitled to in the Electoral College (but may include only one), nor include a person who is included on any other list submitted for the election of members of the Electoral College;

(f) The provisions of clauses (8) to (14) inclusive of Article 94 shall, mutatis mutandi, apply.

(4) The following provisions shall apply to an election to the office of President—

(a) a Presidential candidate shall be nominated by a registered political party, by 20 members of Parliament or by not less than 50,000 persons who are voters;

(b) the poll shall be taken by a secret ballot at such time and in such manner as may be prescribed by or under an Act of Parliament, but if there is only one candidate nominated for the election after the close of nomination no such poll shall be held;

(c) a candidate for an election to the office of President shall be deemed to have been duly elected to such office where:

(i) he is the only candidate nominated for the election after the close of nomination; and

(ii) no additional candidates are nominated under paragraph (g) within twenty-one days of the day on which the poll would have been held.

(d) where in an election to the office of President a candidate nominated for the election by a political party dies, is incapacitated or disqualified, the party which nominated him shall within seven days of such death, incapacitation or disqualification, nominate another candidate;

(e) no person shall be elected as President unless at the Presidential election he has polled, in his favor–

(i) not less than fifty per cent of the valid votes cast nationwide;

(ii) not less than fifty per cent of the valid votes cast separately in at least fifty per cent of the states; and

(iii) a number of votes which is not less than forty per cent of the number of qualified voters at the date of the election;

(f) in default of a candidate being duly elected under paragraphs (c) or (e), the Electoral College shall convene on the twenty-first day after the day on which the poll is (or would have been, as the case may be) held, and shall choose one of the candidates (including candidates nominated under paragraph (g)) to be duly elected as President; and

(g) where the Election of the President is to be done by the Electoral College, additional candidates may be nominated by not less than 20 members thereof.

(5) The following provisions shall apply to an election to the office of President by the Electoral College—

(a) the Chief Justice shall preside at the meeting and conduct the election;

(b) at the election every Member of the Electoral College shall be entitled to vote;

(c) the votes of the Members of the Electoral College who are entitled to vote shall be given by ballot in such manner as not to disclose how any particular Member voted, and where any Member of the Electoral College or any person nominated as a candidate therefor is a pledged elector, his seat in the Electoral College shall become vacant, or, as the case may be, his nomination as a candidate shall be void;

(d) where no candidate has received the number of votes entitling him to be declared elected at any ballot a further ballot or ballots shall be taken until a candidate is declared elected; and

(e) the candidate who receives the votes of a majority of two thirds of all the Members of the Electoral College who are entitled to vote shall be declared elected:

Provided that, if after two ballots have been taken, no candidate is declared elected, the candidate who in the second ballot receives the highest number of votes, and the candidate who in that ballot receives the next highest number of votes, shall alone stand for election in the third ballot, and the candidate who, at the third ballot, receives the highest number of votes shall be declared elected.

(f) for the purposes of paragraph (c), "pledged elector" means a Member of the Electoral College or a person nominated as a candidate therefor who:

(i) is nominated with an intent to execute a pledge to vote only for a particular candidate;

(ii) binds himself or otherwise becomes bound, between the close of nominations of candidates for an election of the Members of the Electoral College and the holding thereof, by such a pledge; or

(iii) binds himself or otherwise becomes bound, between the holding of an election of the Members of the Electoral College and the date on which the Electoral College first meets thereafter, by such a pledge.

91. Tenure of office of President

(1) A person assuming the office of President in accordance with the provisions of this Constitution shall, unless his office sooner becomes vacant, continue in office until the person elected to the office of President at the next Ordinary Presidential Election assumes office.

(2) The President may resign his office by writing addressed to the first of the following who is present and able to act, that is to say–

(a) the Vice-President;

(b) the Prime Minister; and

(c) the Chief Justice of the Supreme Court; or

(d) such officer as may be provided for by Act of Parliament, or, in the absence of such provision, as the President may appoint,

and such resignation shall take effect at the time specified therein, unless earlier rescinded.

92. Vice-President

(1) There shall a Vice-President who shall be the principal assistant of the President in the discharge of his executive functions.

(2) A person shall be qualified for selection as Vice-President if, and shall not be so qualified unless, he or she is otherwise qualified to be elected as President.

(3) A person who has held the office of Vice-President for two terms consecutively is not eligible–

(a) for immediate re-election as Vice-President for a third consecutive term; and

(b) for assuming the office of Vice-President at any Special Presidential Election occurring within three years of the expiry of his second term,

but nothing in this clause shall prevent such person from being elected as President in those circumstances.

(3) for the purposes of clause (2), any person who assumed office as Vice-President otherwise than by virtue of his being elected in an Ordinary Presidential Election shall be deemed–

(a) to have served a full term as Vice-President if, at the date on which he assumed office, more than three years remain before his predecessor's term would have expired; and

(b) not to have served a term of office as Vice-President, in any other case.

93. Selection of Vice-President

(1) Every person nominated as a Presidential candidate shall, at the time of his nomination, declare in such manner as may be prescribed by or under an Act of Parliament the name of his Vice-Presidential candidate, and if he does not so declare, his nomination as a Presidential candidate shall be void.

(2) A Vice-Presidential candidate shall be deemed to be duly elected as Vice-President if the Presidential candidate who designated him as his Vice-Presidential candidate has been duly elected as President.

94. Tenure of office of Vice-President

(1) A person assuming the office of Vice-President in accordance with the provisions of this Constitution shall, unless his office sooner becomes vacant, continue in office as long as the President under whom he serves continues in office, but no further.

(2) The Vice-President may resign his office by writing addressed to the first of the following who is present and able to act, that is to say–

(a) the President;

(b) the Prime Minister; and

(c) the Chief Justice of the Supreme Court; or

(d) such officer as may be provided for by Act of Parliament, or, in the absence of such provision, as the Vice-President may appoint,

and such resignation shall take effect at the time specified therein, unless earlier rescinded.

95. Deputy Presidents

(1) The President may appoint not more than eight Deputy Presidents for the purpose of assisting him in the discharge of his functions.

(2) If he is not otherwise the holder of an office of Deputy President, the person holding the office of Vice-President shall, by virtue of holding that office, be a Deputy President, and he shall have precedence over any other Deputy President.

96. Removal of President and Vice-President on grounds of incapacity.

(1) If the Prime Minister believes that the President has become physically or mentally incapable of discharging the functions of his office, he shall appoint a board consisting of not less than three persons selected by him from among persons who are qualified as medical practitioners under the law of New Granada, and the board shall enquire into the matter and shall make a report to the Prime Minister stating the opinion of the board as to the President's incapacity.

(2) Upon reciveing a report under clause (1), the Prime Minister shall cause it, together with such other information which in his opinion relates to the facts of the President's incapacity as he may require, to be considered at a meeting of the Cabinet, and after obtaining the consent of the Cabinet he shall remove the President from office.

(3) The provisions of this Article shall apply, mutatis mutandi, on the Vice-President.

97. Removal of President and Vice-President by impeachment.

The President (or the Vice-President, as the case may be) may be removed from office if he commits any violation of this Constitution or any gross misconduct, under the impeachment procedure prescribed by Article 180.

98. Presidential vacancy

(1) If the office of President becomes vacant by reason of the death or resignation of the President or by reason of the President ceasing to hold office by virtue of article X or Y of this Constitution, the Vice-President shall assume the office of President immediately.

(2) If the office of President becomes vacant as aforesaid in circumstances in which there is no Vice-President, or in any other circumstances not provided for, special presidential elections shall be held on the Wednesday immediately before the ninetieth day after the office of President becomes vacant, unless that day falls within six months of the ordinary presidential elections.

99. Vice-Presidential vacancy

(1) If the office of Vice-President becomes vacant for any reason, the President shall appoint a person who is qualified for selection as Vice-President to fill the vacancy, and such a person shall take office upon confirmation of his appointment by a resolution in each House of Parliament, supported by the votes of a majority of all the members of that House, being not less than two-thirds of the members present and voting.

(2) If the appointment of a Vice-President is neither confirmed nor refused confirmation by Parliament within ninety days of the submission of the appointment before Parliament, the person appointed shall take office as if his appointment had been confirmed:

Provided that where the incumbent Vice-President has assumed office for the current term by reason of this clause, then—

(a) the House of Representatives may, by a resolution supported by the votes of a majority of all its members, pass a vote of censure in the Vice-President, to which the provisions of Article 114 relating to a vote of censure in a Minister shall, mutatis mutandi, apply; and

(b) Article 98(2) shall always apply whenever the office of President becomes vacant.

(3) No person may be appointed to fill a vacancy in the office of Vice-President while the office of President is vacant.

100. Acting President

(1) During any period when the President is temporarily incapacitated, or when the office of President is vacant, the functions of his office (subject to the provisions of Article 101) shall be performed by the first of the following who is present and able to act, that is to say–

(a) the Vice-President;

(b) the Prime Minister;

(c) the President of the Senate;

(d) the Speaker of the House of Representatives;

(e) the members of the Cabinet other than the Prime Minister, by order of their precedence.

(2) Any such person as aforesaid shall so perform the functions of the office of President until–

(a) a new President assumes office;

(b) the President is no longer temporarily incapacitated; or

(c) some other person having a prior right to perform the functions of that office has notified him that he is about to assume those functions.

(3) Parliament may make such provision as it thinks fit for the performance of the functions of the President in any contingency not provided for in this Constitution.

101. Temporary incapacity of the President and Vice-President

(1) The President shall be deemed to be temporarily incapacitated–

(a) whenever he is absent from New Granada;

(b) whenever he considers it to be the case by reason of illness or any other cause, and gives notice thereon to the Cabinet;

(c) whenever the Cabinet resolves this to be the case by reason of illness or any other cause;

(d) whenever proceedings under articles 96 or 97 have commenced but are yet to be finalized.

(2) Where the President is temporarily incapacitated for any reason, other than by reason of paragraph (d) of clause (1), and if he considers it desirable so to do, he may, by direction in writing issued to the Cabinet, declare that notwithstanding his temporary incapacity he shall perform such functions of his office as he may specify by himself, and may from time to time alter such directions.

(3) Where the President is temporarily incapacitated by reason of paragraphs (b) or (c) of clause (1), and if he considers it desirable so to do, he may, by direction in writing given to the Cabinet, declare that he is no longer temporally incapacitated.

(4) The President shall, notwithstanding his temporarily incapacity, perform the functions exercisable by him under this article by himself.

(5) If, within four days of the issue of directions under clauses (2) and (3) of this article, the the Cabinet declares that, by reason of illness or any other cause, the President is unable to perform the functions in question by himself, or continues to be temporarily incapacitated, as the case may be, Parliament shall meet not later than two days after the making of such declaration by the Cabinet to confirm the declaration by a resolution in each House of Parliament, supported by the votes of a majority of all the members of that House, being not less than two-thirds of the members present and voting, but the declaration shall nonetheless apply pending confirmation by Parliament.

(6) If such a declaration by the Cabinet is refused confirmation by Parliament, or is neither confirmed nor refused confirmation by Parliament within twenty-one days of the submission of the declaration before Parliament, the original directions by the President shall then apply, and if such a declaration is confirmed by Parliament the declaration shall continue to apply.

(7) The provisions of this Article shall apply, mutatis mutandi, on the Vice-President.

(8) Parliament may by act provide that any other body may perform the functions of the Cabinet under this Article, and the provisions of this Article shall apply, mutatis mutandi, to such body.

102. Assumption of office by the President and Vice-President

(1) A person elected as President shall assume the office of President–

(a) if elected in an ordinary presidential election, on the third Monday in August following his election; and

(b) if elected in a special presidential election, upon being elected.

(2) Any person who assumes the office of President shall, before entering upon the duties of the office, take and subscribe the oath of office, such oath being administered by the Chief Justice or such other Justice of the Supreme Court as may be designated by him, but if no Justice of the Supreme Court is readily available, the oath shall be administered by such Judge of any Court as may be then readily available.

(3) The oath of office of the President shall be taken before a Joint Sitting of Parliament, unless the circumstances of the case are of such nature that Parliament cannot meet in reasonable time.

(4) Any person who assumes the office of Vice-President shall, before entering upon the duties of the office, take and subscribe the oath of office–

(a) if he was elected in a presidential election, in the same function where the President takes his oath of office, such oath being taken immediately before the President's oath, and in such function both oaths shall be administered by the same person; and

(b) in any other case, before a meeting of the Cabinet (or if the Cabinet cannot then readily meet, before the President), such oath being administered by the President.

(5) For the purposes of this Article, the oath of office of the President and Vice-President shall be as follows:

103. Incompatibilities of the President and Vice-President

(1) The President and the Vice-President shall not simultaneously hold any other office of profit, including, without prejudice to the generality of that expression–

(a) membership of Parliament or of any State Legislature;

(b) the office of a Governor of any State;

(c) any office in both the Federal and State public services; and

(d) an office in the Judiciary.

(2) Nothing in clause (1) shall be construed as–

(a) preventing the Vice-President from simultaneously holding office as a Minister, including as Prime Minister;

(b) allowing the President to simultaneously hold office as a Minister, including as Prime Minister; or

(c) allowing the same person to simultaneously hold office both as President and as Vice-President.

(3) If a holder of an office of profit, as defined by clauses (1) and (2), is elected as President, or chosen as Vice-President, as the case may be, he shall be deemed to have vacated the office concerned on the date on which he assumes office as President, or as Vice-President, as the case may be.

104. Renumeration of the President and Vice-President

(1) The President shall receive such salary and allowances, and shall enjoy such privileges, as may be prescribed by an Act of Parliament.

(2) The salary and allowances of the President shall not be diminished during his term of office, and shall be a charge on the Federal Consolidated Fund.

(3) The President shall be entitled to use the facilities (including official residences) pertaining to his office without payment of rent.

(4) A person who has held the office of President shall receive such pension as may be prescribed by Parliament, which shall be a charge on the Federal Consolidated Fund.

(5) The provisions of this Article shall apply, mutatis mutandi, on the Vice-President.

105. Immunities of the President and Vice-President

(1) A person shall not be personally answerable to any court for any act or ommission done by him in the exercise of the functions of the office of President, and no proceedings, whether criminal or civil, shall be instituted against such person in this respect.

(2) No proceedings, whether criminal or civil, shall be instituted against the President while he continues to hold office, but the term of office of any person as President shall, for the purposes of calculating the statute of limitations on any act or ommission, be disregarded.

(3) A person may not be compelled to disclose any fact which came to his knowledge by reason of an act or ommission done by him in the exercise of the functions of the office of President.

(4) Nothing in this Article shall be constriued as preventing impeachment proceedings to commence against the President, or as impeding the investigative power of Parliament in respect of those impeachment proceedings.

(5) The provisions of this Article shall apply, mutatis mutandi, on the Vice-President.

B. The Cabinet and the Ministers

106. Cabinet

(1) There shall be a Cabinet of the Commonwealth of New Granada which shall be the principal federal executive instrument of policy and shall consist of the Prime Minister, the Vice-Prime Minister and the other Ministers.

(2) The Cabinet shall formulate the policy of the Federal Government shall be responsible for advising the President with respect thereto and with respect to such other matters as may be referred to it by the president.

(3) The Cabinet shall have general direction and control of the Federal Government and, by reason of such direction and control, shall–

(a) have power to co-ordinate and supervise the Civil Service of the Federation;

(b) have power to supervise and dispose of property belonging to the Federation in accordance with the provisions of this Constitution and the law;

(c) consider all Bills proposed to be introduced to Parliament by a Minister, as well as the Federal Budget pending its introduction to the House of Representatives;

(d) have power to make orders and regulations for the carrying into effect of any federal law as provided by such law; and

(e) have the Civil Service of the Federation at its disposal for the purpose of ensuring such general direction and control.

(4) The Cabinet shall be collectively responsible to the House of Representatives for the performance of its functions by or under its general authority and for all things done by or under the authority of any Minister in the execution of his office.

107. Procedure in the Cabinet

(1) The Cabinet shall not meet except by the authority of the Prime Minister who shall summon the Cabinet to meet whenever he considers it necessary so to do:

Provided that the Prime Minister shall summon a meeting of the Cabinet whenever he is requested so to do by–

(a) the Vice-Prime Minister;

(b) any Deputy Prime Minister; and

(c) not less than three other Ministers;

Provided further that the President may, in his discretion, summon a meeting of the Cabinet.

(2) The Prime Minister may summon any public officer to a meeting of the Cabinet whenever in his opinion the business before the Cabinet renders the presence of the officer desirable:

Provided that the President may, in like manner and subject to like conditions, summon a public officer to any meeting of the Cabinet which he attends.

(3) The Prime Minister shall, so far as is practicable, attend and preside at all meetings of the Cabinet, and, in the absence of the Prime Minister, there shall preside–

(a) the Vice-Prime Minister;

(b) in the absence of the Vice-Prime Minister, such Deputy Prime Minister who is present as the Cabinet may elect for that purpose or, pending the election of such Deputy Prime Minister, the Deputy Prime Minister present who is ranked highest in the order of ministerial precedence; or

(c) in the absence of the Vice-Prime Minister and all Deputy Prime Ministers, such Minister who is present as the Cabinet may elect for that purpose or, pending the election of such Minister, the Minister present who is ranked highest in the order of ministerial precedence:

Provided that the President shall preside over any meeting of the Cabinet which he attends, and in his absence the normal order of presidency shall follow;

Provided further that if the President and the Vice-President both attend a meeting of the Cabinet, the Vice-President shall preside in the Absence of the President, and in the absence of them both the normal order of presiding shall follow.

(4) Save as otherwise provided in this Constitution, any question proposed for decision in the Cabinet shall be determined by a majority of the votes of the members present and voting, and on any question proposed for decision in the Council, the person presiding shall have both an original vote and a casting vote.

(5) The Cabinet may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:

Provided that the quorum of the Cabinet shall be the majority of members thereof;

Provided further that the President–

(a) shall attend every meeting of the Cabinet summoned by him; and

(b) may, in his discretion, attend any other meeting of the Cabinet;

Provided further that the President and the Vice-President shall enjoy, in respect of such meeting of the Cabinet as each of them may attend, all rights afforded to a member of the Cabinet.

(6) Subject to the provisions of this Article, the Cabinet may regulate its own procedure.

108. Prime Minister

(1) There shall be a Prime Minister of the Commonwealth of New Granada who shall be the principal Minister and the head of Government administration.

(2) The Prime Minister shall have general direction and control over the Cabinet and shall be charged with securing the general efficiency of the public service.

109. Selection of Prime Minister

(1) The Prime Minister shall hold office by virtue of obtaining a vote of confidence from the House of Representatives, and shall continue in office until a successor so obtains a vote of confidence.

(2) A person shall be qualified for the office of Prime Minister if, and shall not be so qualified unless, he or she is qualified to be elected as a member of Parliament.

(3) The President may, whenever he considers it desirable so to do, charge such person who is qualified for the office of Prime Minister as the President thinks fit with obtaining a vote of confidence from the House of Representatives, and the said person shall so obtain a vote of confidence within twenty-eight days of being so charged:

Provided that before charging a person with obtaining a vote of confidence from the House of Representatives, the President shall consult with the leaders of parties represented in the House so as to ensure the person charged would command the support of the majority of the Representatives.

(4) The Prime Minister shall request a vote of confidence from a newly-elected House of Representatives on the day on which it first meets, and must obtain it within sixty days of making such a request.

(5) Where a person other than the incumbent Prime Minister obtains a vote of confidence, the Vice-Prime Minister, Ministers, and Deputy Ministers then serving shall thereupon cease to hold office.

(6) Where the functions of the office of President are for the time being exercised by the Prime Minister or by the President of the Senate, the power under clause (3) to charge a person with obtaining a vote of confidence shall nonetheless be exercised by Speaker of the House of Representatives.

(7) The Prime Minister shall, before assuming the functions of his office, take and subscribe his oath of office before the President.

(8) The Prime Minister may resign his office by writing addressed to the first of the following who is present and able to act, that is to say–

(a) the President;

(b) the Speaker of the House of Representatives; or

(c) such officer as may be provided for by Act of Parliament, or, in the absence of such provision, as the Prime Minister may appoint,

and such resignation shall take effect at the time specified therein, unless earlier rescinded.

110. Vice-Prime Minister

(1) There shall be a Vice-Prime Minister who shall be the principal assistant of the Prime Minister in the discharge of his executive functions and shall be appointed by the President from among persons who are qualified to be elected as members of Parliament.

(2) Before making an appointment to the office of Vice-Prime Minister, or revoking such appointment, the President shall consult with the Prime Minister.

(3) The Vice-Prime Minister shall, before assuming the functions of his office, take and subscribe his oath of office before the President and the Prime Minister:

Provided that, where the circumstances of the case are of such nature as may prevent the Vice-Prime Minister from taking his oath of office before both the President and the Prime Minister, the Vice-Prime Minister shall take such oath before either of them.

(4) The Vice-Prime Minister may resign his office by writing addressed to the first of the following who is present and able to act, that is to say–

(a) the President;

(b) the Prime Minister; or

(c) such officer as may be provided for by Act of Parliament, or, in the absence of such provision, as the Vice-Prime Minister may appoint,

and such resignation shall take effect at the time specified therein, unless earlier rescinded.

111. Ministers

(1) There shall be, in addition to the offices of Prime Minister and Vice-Prime Minister, such other offices of Minister as may be established by Parliament or, subject to the provisions of any Act of Parliament, by the Cabinet.

(2) The Ministers shall be appointed by the President from among persons who are qualified to be elected as members of Parliament, and the President may designate the Deputy Prime Ministers from among them.

(3) Before making an appointment to the office of a Minister, or revoking such appointment, or designating a Minister as a Deputy Prime Minister, the President shall consult with the Prime Minister.

(4) A Minister shall, before assuming the functions of his office, take and subscribe his oath of office before the President and the Prime Minister:

Provided that where the circumstances of the case are of such nature–

(a) as may prevent the Minister concerned from taking his oath of office before both the President and the Prime Minister, the Minister concerned shall take such oath before either of them; and

(b) as may prevent the Minister concerned from taking his oath of office before both the President and the Prime Minister, or either of them, the Minister concerned shall take such oath before the Vice-Prime Minister.

(5) A Minister may resign his office by writing addressed to the first of the following who is present and able to act, that is to say–

(a) the President;

(b) the Prime Minister; or

(c) the Vice-Prime Minister; or

(d) such officer as may be provided for by Act of Parliament, or, in the absence of such provision, as the Minister concerned may appoint,

and such resignation shall take effect at the time specified therein, unless earlier rescinded.

112. Deputy Ministers

(1) The Prime Minister may appoint Deputy Ministers from among persons who are qualified to be elected as members of Parliament to assist Ministers in the performance of their duties.

(2) Before making an appointment to the office of a Deputy Minister, or revoking such appointment, the Prime Minister shall consult with the Minister concerned.

(3) A Deputy Minister shall, before assuming the functions of his office, take and subscribe his oath of office before the Prime Minister and the Minister concerned:

Provided that where the circumstances of the case are of such nature as may prevent the Minister concerned from taking his oath of office before both the Prime Minister and the Minister concerned, the Minister concerned shall take such oath before either of them.

(4) A Deputy Minister may resign his office by writing addressed to the first of the following who is present and able to act, that is to say–

(a) the Prime Minister;

(b) the Vice-Prime Minister; or

(c) the Minister concerned; or

(d) such officer as may be provided for by Act of Parliament, or, in the absence of such provision, as the Deputy Minister concerned may appoint,

and such resignation shall take effect at the time specified therein, unless earlier rescinded.

113. Portfolios

(1) The President, may, after consultation with the Prime Minister, assign by directions in writing to the Prime Minister or any other Minister responsibility for any business of the Federal Government, including the administration of any Federal Department.

(2) Where a Minister has been charged with responsibility for any Federal Department, he shall exercise general direction and control over that Federal Department and, by reason of that direction and control, shall have power–

(a) to execute such laws as may relate to, and to administer all matters and affairs as may fall within, the domain of that Department;

(b) to prepare orders or regulations concerning the domain of that Department for submission to the Cabinet;

(c) to issue directions and general instructions for the carrying out of the provisions of any law relating to the domain of that Department and of any order or regulation made under such law; and

(d) to prepare such part of the Federal Budget as may relate to the domain of that Department.

114. Vote of Censure

(1) The House of Representatives may, by a resolution supported by the votes of a majority of all its members, pass a vote of censure in the Cabinet, a Minister (other than the Prime Minister or the Vice-Prime Minister) or a Deputy Minister.

(2) A motion for the resolution referred to in clause (1) of this article shall not be moved in Parliament unless–

(a) seven days' notice has been given of the motion; and

(b) the notice for the motion has been signed by not less than 20 Representatives.

(3) The motion shall be debated in the House of Representatives within fourteen days after the receipt by the Speaker of the notice for the motion.

(4) Where a vote of censure in the Cabinet is debated under clause (3) of this article, the Prime Minister shall be entitled, during the debate, to be heard in the Cabinet's defense.

(5) The House of Representatives shall stand dissolved if, within seven days of the passage of a vote of censure against the Cabinet under this article, it is not earlier dissolved:

Provided that this clause shall not apply if any person obtains a vote of confidence from the House of Representatives within that time.

(6) A Minister or a Deputy Minister in respect of whom a vote of censure is debated under clause (3) of this article is entitled, during the debate, to be heard in his defense.

(7) Where a vote of censure is passed against a Minister or a Deputy Minister under this article, that Minister or Deputy Minister shall thereupon cease to perform the functions of his office, until he ceases to hold such office, or the House of Representatives is dissolved, whichever first occurs:

Provided that if, within seven days of the passage of a vote of censure against the Minister or Deputy Minister concerned, the House of Representatives is not dissolved, that Minister or Deputy Minister shall then cease to hold office.

115. Ministerial precedence

The order of precedence among the Members of the Cabinet shall be as follows–

(a) the Prime Minister shall take precedence over all other members of the Cabinet;

(b) the Vice-Prime Minister shall take precedence next after the Prime Minister;

(c) Subject to the precedence of the Prime Minister and the Vice-Prime Minister, the Deputy Prime Ministers shall take precedence over the Ministers and Deputy Ministers, and the Ministers shall take precedence over the Deputy Ministers;

(d) each of the Deputy Prime Ministers, Ministers, and Deputy Ministers shall take precedence among themselves–

(i) in accordance with the dates on which they were appointed as members of the Cabinet, the person or persons appointed on the earliest date being placed first and those who were appointed on later dates being placed in descending order;

(ii) if multiple such persons were appointed on the same day, the person or persons who have held membership of the cabinet for the longest period of time, whether consecutively or not, shall be placed first and those who have held membership of the cabinet for shorter periods shall be placed in descending order;

(iii) if multiple such persons have held membership of the cabinet for the same period of time, the older shall take precedence over the younger.

116. Acting Prime Minister

(1) Whenever the Prime Minister is absent from New Granada or is reason of illness or any other cause unable to perform the functions conferred on him in accordance with this Constitution, those functions (other than the functions conferred by this Article) shall be performed by such other member of the Cabinet who is present and able to act as may be ranked highest in the order of ministerial precedence.

(2) Any person performing the functions of the office of Prime Minister by virtue of this Article shall cease to perform those functions if the holder of the office of Prime Miniter or some other person having a prior right to perform the functions of that office has notified him that he is about to assume or resume those functions.

117. Temporary Minister

(1) Whenever a Minister other than the Prime Minister is absent from New Granada or is within New Granada but by leave of the President is not performing the functions of his office or by reason of illness or any other cause is unable to perform those functions, the President may authorize some other Minister to perform those functions or may appoint a person who is qualified to be elected as a Member of Parliament to be a temporary Minister in order to perform those functions; and that Minister may perform those functions until his authority or, as the case may be, his appointment is revoked by the President or he vacates office as a Minister.

(2) The powers of the President under this article shall be exercised by him after consultation with the Prime Minister:

Provided that if the President considers that it is impracticable to consult with the Prime Minister owing to his absence or illness he may exercise those powers without that consultation.

118. Renumeration of the Ministers

(1) The Ministers shall receive such salary and allowances, and shall enjoy such privileges, as may be prescribed by an Act of Parliament.

(2) The salary and allowances of a Minister shall not be diminished during his term of office, and shall be a charge on the Federal Consolidated Fund.

(3) The Ministers shall be entitled to use the facilities (including official residences) pertaining to their respective offices without payment of rent.

(4) A person who has held the office of Prime Minister or Vice-Prime Minister shall receive such pension as may be prescribed by Parliament, which shall be a charge on the Federal Consolidated Fund.

(5) The Prime Minister and the Vice-Prime Minister shall each receive, by virtue of holding such office, an additional allowance equal to one-third of his salary as a Minister.

(6) A Deputy Prime Minister shall receive, by virtue of holding such office, an additional allowance equal to one-fifth of his salary as a Minister.

(7) The provisions of this Article (other than clauses (4) to (6) inclusive) shall apply, mutatis mutandi, on the Deputy Ministers.

C. The Armed Forces of the Commonwealth

119. Establishment and composition of the armed force of the Commonwealth

(1) There shall be an armed forces for New Granada, to be styled the New Granadan National Defense Forces, which shall consist of an Army, a Navy, an Air Force, a Marine Corps, a Gendarmerie, a Paratrooper Corps, a Coast Guard and such other branches of the armed forces of the Federation as may be established by an Act of Parliament.

(2) The Commonwealth shall, subject to an Act of Parliament made in that behalf, equip and maintain the armed forces as may be considered adequate and effective for the purpose of -

(a) defending New Granada from external aggression;

(b) maintaining the territorial integrity of New Granada and securing its borders from violation on land, sea, or air;

(c) suppressing insurrection and acting in aid of civil authorities to restore order when called upon to do so by the President, but subject to such conditions as may be prescribed by an Act of Parliament; and

(d) performance such other functions as may be prescribed by an Act of Parliament.

(3) The Commonwealth shall establish and maintain adequate facilities for carrying into effect the compulsory military training and military service for citizens of New Granada.

(4) Unless an Act of Parliament is made in that behalf, the Commander-in-Chief may maintain adequate facilities in any secondary or post-secondary educational institution in New Granada for giving military training in any such institution which desires to have the training.

120. General Staff

(1) There shall be a General Staff, which shall be responsible under the general authority of the Commander-in-Chief for the command, discipline and administration of, and all other matters relating to, the armed forces, other than matters relating to their operational use.

(2) The General Staff shall consist of the following members, that is to say:

(a) the Commander-in-Chief, who shall be Chairman;

(b) the Person who is for the time being holding the rank of Marshal of the Republic, who shall be First Vice-Chairman;

(c) the Chief of Army Staff;

(d) the Chief of Naval Staff;

(e) the Chief of Air Staff;

(f) the Chief of Marine Staff;

(g) the Chief of Gendarmerie Staff;

(h) the Chief of Paratrooper Staff;

(i) the Chief of Coast Guard Staff; and

(j) the heads of any other branches of the armed forces of the Commonwealth as may be established by an Act of Parliament.

(3) The Commander-in-Chief may appoint any of the members of the General Staff prescribed in paragraphs (c) to (i) of clause (2) as Second Vice-Chairman.

121. Procedure in General Staff

(1) The General Staff shall not meet except by the authority of the Commander-in-Chief who shall summon the General Staff to meet whenever he considers it necessary so to do:

Provided that the Commander-in-Chief shall summon a meeting of the General Staff whenever he is requested so to do by–

(a) the First Vice-Chairman;

(b) the Second Vice-Chairman; or

(c) not less than three other members.

(2) The Commander-in-Chief may summon any public officer to a meeting of the General Staff whenever in his opinion the business before the General Staff renders the presence of the officer desirable.

(3) The Commander-in-Chief shall, so far as is practicable, attend and preside at all meetings of the General Staff, and, in the absence of the Commander-in-Chief, there shall preside–

(a) the First Vice-Chairman;

(b) in the absence of the First Vice-Chairman, the Second Vice-Chairman; or

(c) in the absence of the First and Second Vice-Chairmen, such other Member as the General Staff may elect for that purpose.

(4) Save as otherwise provided in this Constitution, any question proposed for decision in the General Staff shall be determined by a majority of the votes of the members present and voting, and on any question proposed for decision in the General Staff, the person presiding shall have both an original vote and a casting vote.

(5) The General Staff may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:

Provided that the quorum of the General Staff shall be the majority of members thereof.

(6) Subject to the provisions of this Article, the General Staff may regulate its own procedure.

122. Commander-in-Chief, Command and operational use

(1) There shall be a Commander-in-Chief of the New Granadan National Defense Forces who shall be appointed by the President, acting on the advice of the General Staff.

(2) The Commander-in-Chief may be removed from office by the President for inability to discharge functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehavior.

(3) The supreme command of the armed forces of the Commonwealth, including the power to determine their operational use, shall vest in the Commander-in-Chief.

(4) The powers conferred on the Commander-in-Chief by clause (1) shall include power to appoint the First Vice-Chairman of the General Staff, the Chief of Army Staff, the Chief of Naval Staff, the Chief of Air Staff, the Chief of Marine Staff, the Chief of Paratrooper Staff, the Chief of Coast Guard Staff, and heads of any other branch of the armed forces of the Commonwealth as may be established by an Act of Parliament.

(5) The persons appointed under clause (4) may be removed from office by the Commander-in-Chief for inability to discharge the functions of their office (whether arising from infirmity of mind or body or any other cause) or for misbehavior.

(6) The Commander-in-Chief may, by directions in writing and subject to such conditions as he think fit, delegate to any member of the armed forces of the Federation his powers relating to the operational use of the Armed Forces of the Federation.

(7) Parliament shall have power to make laws for the regulation of—

(a) the powers exercisable by the Commander-in-Chief of the Armed Forces of the Federation; and

(b) the appointment, promotion and disciplinary control of members of the armed forces of the Federation.

123. Commander-in-Chief, political responsibilities

(1) The Commander-in-Chief shall have the following special political responsibilities, that is to say—

(a) the prevention of any grave menace to the peace or tranquility of the Commonwealth or any part thereof;

(b) the safeguarding of the principles of the Revolution of October 20, 1981;

(c) the safeguarding of the legitimate interests of minorities; and

(d) the securing to, and to the dependents of, persons who are or have been members of the public services of any rights provided or preserved for them by or under this Constitution and the safeguarding of their legitimate interests.

(2) The Commander-in-Chief may, after consultation with the General Staff, advice, encourage or warn the High Executive Authorities an Instrument on matters relating to his special political responsibilities at any time, and may for that purpose request such information as he may deem necessary from any federal body or authority.

(3) The Commander-in-Chief may, after consultation with the General Staff, issue to the High Executive Authorities an Instrument of Instructions, so as to ensure they do not act in any manner inconsistent with his special political responsibilities, and may in like manner amend or revoke such an Instrument previously issued.

(4) In the exercise of their executive functions, the High Executive Authorities shall be under the general control of the Commander-in-Chief, and shall comply with his Instrument of Instructions and with such particular directions (if any) as he may from time to time give them, but the validity of anything done by any of the High Executive Authorities shall not be called in question on the ground that it was done otherwise than in accordance with the provisions of this clause.

(5) This Clause, as well as clauses (3) and (4), shall cease to have the force of law on and after the 17th day of August, 1999, and any Instruments of Instructions and directions to the High Executive Authorities as were in force immediately before that day shall then stand revoked.

(6) In this Article, "High Executive Authorities" means the President, the Vice-President, the Cabinet, the Prime Minister, the Vice-Prime Minister, all other Ministers and all Deputy Ministers.

124. Conditions of Commander-in-Chief's office.

(1) The Commander-in-Chief alone shall, by virtue of holding that office, hold the rank of Grand Marshal of the Republic, and no other officer in active service may hold that rank.

(2) An officer designated as such by the Commander-in-Chief alone shall, no other officer in active service may, hold the rank of Marshal of the Republic.

(3) The offices of Commander-in-Chief and of First Vice-Chairman shall be incompatible with each other, as well as with the offices of Chief of Army Staff, Chief of Naval Staff, Chief of Air Staff, Chief of Marine Staff, Chief of Paratrooper Staff, Chief of Coast Guard Staff, and head of any other branches of the armed forces of the Commonwealth as may be established by an Act of Parliament.

(4) In this Part, "First Vice-Chairman" means the person who is for the time being holding the rank of Marshal of the Republic.

125. Removal of President if Executive Government behaving unlawfully

(1) If the Commander-in-Chief believes that the Executive Government of the Commonwealth is breaching this Constitution, or is not complying with an order of a court, or is persisting in other unlawful behavior, he shall cause a written report on the facts of these grounds, together with such other information which in his opinion relates to the facts of these grounds as he may require, to be considered at a meeting of the General Staff; and after obtaining the consent of the General Staff he shall remove the President from office.

(2) Where the President is removed from office under clause (1), the Commander-in-Chief shall, according to his discretion, appoint as Caretaker President such person whom the Commander-in-Chief believes will take all reasonable steps to end the contravention and who will maintain the administration of the Commonwealth pending the outcome of the presidential election following such removal.

126. Power of Commander-in-Chief to issue Proclamations

(1) If at any time the Commander-in-Chief is satisfied that a situation has arisen in which the government of the Commonwealth cannot be carried on in accordance with the provisions of this Constitution, he shall cause a written report on the facts of these grounds, together with such other information which in his opinion relates to the facts of these grounds as he may require, to be considered at a meeting of the General Staff; and after obtaining the consent of the General Staff he may, by Proclamation, assume to—

(a) himself;

(b) the General Staff; or

(c) such commission as he may appoint,

all or any of the powers vested in or exercisable by any Federal body or authority, and any such Proclamation may contain such incidental and consequential provisions as may appear to him to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any Federal body or authority:

Provided that nothing in this clause shall authorize the Commander-in-Chief:

(a) to assume (whether to himself, to the General Staff, or to a commission) any of the powers vested in or exercisable by the Judiciary or to suspend, either in whole or in part, the operation of any provision of this Constitution relating to the Judiciary;

(b) to assume to himself or to a commission any of the powers vested in or exercisable by Parliament or to suspend, either in whole or in part, the operation of any provision of this Constitution relating to the amendment of this constitution (insofar as it does not concern a requirement for extra-parliamentary ratification or approval), or relating to the organization and procedure of Parliament; or

(c) to assume to the General Staff the constituent power of Parliament or any of the powers vested in or exercisable by Parliament under clause (3).

(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.

(3) A Proclamation issued under this Article, unless it is a Proclamation revoking a previous Proclamation, shall cease to operate at the expiration of six months:

Provided that, if and so often resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of twelve months from the date on which under this clause it would otherwise have ceased to operate.

(4) If the General Staff, by a Proclamation of the Commander-in-Chief under this Article, assumes to itself any power of Parliament to make laws, any law made by it in the exercise of that power shall, subject to the terms thereof, continue to have effect until two years have elapsed from the date on which the Proclamation ceases to have effect, unless sooner repealed or re-enacted by Act of Parliament, and any reference in this Act to Federal Acts, Federal laws, or Acts or laws of Parliament shall be construed as including a reference to such a law.

D. Provisions as to certain Federal Executive Bodies – General

127. Federal Commissions and Councils, etc.

There shall be established for the Commonwealth the following bodies, that is to say–

(a) a Council of State;

(b) a Federal Character Commission;

(c) a Federal Civil Service Commission;

(d) a Federal Electoral Commission;

(e) a Federal Judicial and Legal Service Commission;

(f) a Federal Police Service Commission;

(g) a Federal Teaching Service Commission;

(h) a National Economic Council;

(i) a National Judicial Council;

(l) a National Police Council;

(k) a National Population Commission;

(l) a National Security Council; and

(m) a Revenue Mobilization Allocation and Fiscal Commission,

whose composition and powers shall be as determined in this Part and in Part E of this Chapter.

128. Appointment of Chairmen and members

Unless other provisions are made in this Constitution–

(a) the ordinarily-chosen members of any of the bodies established under Article 127 shall be appointed by the President, and their appointments shall be subject to confirmation by the Senate; and

(b) the Chairmen of any of the said bodies shall be appointed by the President, and their appointments shall be subject to confirmation by the Senate.

129. Tenure of office of members

(1) A person who is an ex-officio member of any of the bodies established under Article 127–

(a) shall remain a member of such body while he holds the office by virtue of which he enjoys his ex-officio membership, and no further; and

(b) shall cease to be such a member if any circumstances arise that, had he not held such office, would cause him to be disqualified for holding the office concerned.

(2) A person who is an a-posteriori member of any of the said bodies shall remain a member of such body for his lifetime, unless he was removed from the entitling office by means of Impeachment, or removed from membership of the body concerned.

(3) Unless other provisions are made in this Constitution, a person who is an ordinarily-chosen member of any of the said bodies–

(a) shall vacate his office at the expiration of four years from the date of his appointment; and

(b) shall cease to be such a member if any circumstances arise that, if he were not an ordinarily-chosen member of the body, would cause him to be disqualified for appointment as such.

130. Qualification for membership, removal, conditions, and renumeration

(1) Unless other provisions are made in this Constitution, a person shall be qualified for appointment as an ordinarily-chosen member of any of the bodies established under Article 127 if, and shall not be so qualified unless, he or she–

(a) is qualified to be elected as a member of Parliament, or;

(b) would have been so qualified to so be elected if not for his holding a public office of a Junior Management Grade;

(c) would have been so qualified to so be elected if not for performance of military or police service, or service as a jailer.

(2) Unless other provisions are made in this Constitution, a member of any of the said bodies (other than an ex-officio member thereof)–

(a) may be removed from office by the President, acting after consultation with the Cabinet, for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause); and

(b) may be removed from office for misbehavior, under the impeachment procedure prescribed by Article X.

(3) The terms and conditions of service of members of any of the said bodies shall be such as Parliament shall prescribe.

(4) In particular, the members of any of the said bodies (other that the ex-officio members thereof) shall receive such salary and allowances, and shall enjoy such privileges, as may be prescribed by an Act of Parliament.

(5) The salary and allowances mentioned in clause (4) shall not be diminished during the term of office of the member affected, and shall be a charge on the Federal Consolidated Fund.

131. Procedure

(1) The Chairman of any of the bodies established under Article 127 shall, so far as is practicable, attend and preside at all meetings of that Body, and, in the absence of the Chairman (and, if the case so requires, also of the Vice-Chairman or of all Vice-Chairmen), there shall preside such other member as the body may elect for that purpose.

(2) Save as otherwise provided in this Constitution, any question proposed for decision in any of the bodies established under Article 127 shall be determined by a majority of the votes of the members present and voting, and on any question proposed for decision in the body concerned, the person presiding shall have both an original vote and a casting vote.

(3) Each of the bodies established under Article 127 may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:

Provided that the quorum of each such body shall be the majority of members thereof.

(4) Subject to the provisions of this Article, each of the bodies established under Article 127 may regulate its own procedure.

132. Powers

(1) Subject to clause (2), any of the bodies established under Article 127 may, with the approval of the President, confer powers and impose duties on any officer or authority for the purpose of discharging its functions.

(2) In the exercise of any powers under clause (1), any such body shall not confer powers or impose duties on any officer or authorities of a State except with the approval of the supreme executive authority of that State.

133. Interpretation

In this Part, unless the context otherwise requires—

"a-posteriori member" means a member of a body established under Article 127 who enjoys such membership by virtue of him having held another office in the past;

"ex-officio member" means a member of a body established under Article 127 who enjoys such membership by virtue of him then concurrently holding another office or performing the functions thereof;

"ordinarily-chosen member" means a member of a body established under Article 127 who is not an a-posteriori or ex-officio member; and

any reference to "member" of a body established under Article 127 shall be construed as including a reference to the Chairman of that body.

E. Provisions as to certain Federal Executive Bodies – Specific

134. Council of State

(1) The Council of State shall comprise the following persons, that is to say—

(a) the President, who shall be Chairman;

(b) the Vice-President, who shall be Vice-Chairman;

(c) the Prime Minister;

(d) the Vice-Prime Minister;

(e) the President of the Senate;

(f) the Speaker of the House of Representatives;

(g) the Chief Justice of the Supreme Court;

(h) the Deputy Chief Justice of the Supreme Court;

(i) the Attorney-General;

(j) the Comptroller and Auditor-General;

(k) the Commander-in-Chief;

(l) the First Vice-Chairman of the General Staff;

(m) the Inspector-General of Police;

(n) all former Presidents;

(o) all former Prime Ministers;

(p) all former Commanders-in-Chief;

(q) one member elected by the Governors of the States from among themselves;

(r) three members elected by the Senate;

(s) three members elected by the House of Representatives;

(t) six other members.

(2) The member of the Council of State elected under clause (1)(q) shall hold office for a term of one year, which shall commence on the first day of March:

Provided that a member who was elected to replace such a member who has died or ceased to be a member before the expiration of his term of office, or to fill a vacancy that was left unfilled when the said term expired, shall hold office for the remainder of his predecessor's term.

(3) The members of the Council of State elected under clause (1)(r) shall, unless their office sooner becomes vacant, continue in office until the day on which the House succeeding that which elected them first meets, but no further.

(4) The members of the Council of State elected under clause (1)(s) shall, unless their office sooner becomes vacant, continue in office until the day on which the Senate first meets after a renewal of its members (whether full or partial) subsequent to their election, but no further.

(5) In appointing members of the Council of State under clause (1)(t), the President shall not be required to obtain the confirmation of the Senate.

(6) The quorum of the Council of State shall be three members thereof.

(7) In absence of the Chairman, the Vice-Chairman shall preside over the Council.

(8) The Council shall have power to:

(a) advise the President and the Cabinet in the exercise of their powers with respect to the national population census and compilation, publication and keeping of records and other information concerning the same;

(b) advise the President in the exercise of his powers with respect to—

(i) ceremonial functions;

(ii) pardon, commutation, remission, reprieve, and clemency;

(iii) the conferral of honors, orders, decorations, and awards of the Commonwealth;

(iv) the National Population Commission (including the appointment of members of that Commission); and

(b) advise the President and the Cabinet whenever requested to do so on the maintenance of public order within the Commonwealth or any part thereof and on such other matters as the President may direct.

135. Federal Character Commission

(1) The Federal Character Commission shall comprise the following persons, that is to say—

(a) a Chairman;

(b) one member for each State.

(2) In the exercise of any functions vested in it by the Constitution, the Federal Character Commission shall not be subject to the direction or control of any person or authority.

(3) The Federal Character Commission shall submit a report on its work at least once a year to the Cabinet and a copy of such report shall be laid before Parliament.

(4) The Federal Character Commission shall have the power to:

(a) work out an equitable formula, subject to the approval of Parliament, for the distribution of all cadres of posts in the public service of the Federation, the New Granada National Defense Forces, the New Granada Federal Police and other federal security agencies, companies owned by the federal government, and federal parastatal organizations;

(b) promote, monitor and enforce compliance with the principles of proportional sharing of all bureaucratic, economic, media and political posts at all levels of government;

(c) take such legal measures, including the prosecution of the head or staff of any Ministry or government body or agency which fails to comply with any federal character principle or formula prescribed or adopted by the Commission; and

(d) carry out such other functions as may be conferred upon it by this Constitution or by law,

and for that purpose shall have power to make regulations by statutory instrument for the exercise of any of the foregoing powers.

(5) The posts mentioned in clauses (4)(a) and (4)(b) shall include those of the Permanent Secretaries, Directors and Directors-General in departments of the Federal Government and parastatal organizations, senior military officers, senior diplomatic posts and managerial cadres in the Federal parastatal organizations, bodies, agencies and institutions.

(6) Notwithstanding any provision in any other law or enactment, the Commission shall ensure that every public company or corporation reflects the federal character in the appointments of its directors and senior management staff.

(7) It shall be the duty of the Board of Directors of every state-owned enterprise to recognize and promote the principle of federal character in the ownership and management structure of the company.

136. Federal Civil Service Commission

(1) The Federal Civil Service Commission shall comprise the following persons, that is to say—

(a) the Secretary-General of the Federal Government, who shall be Chairman;

(b) not more than fifteen other members, who shall, in the opinion of the President, be persons of unquestionable integrity and sound political judgment.

(2) The Federal Civil Service Commission shall, without prejudice to the powers vested in any other Federal Authority, have power:

(a) to appoint persons to offices in the Federal Civil Service; and

(b) to dismiss and exercise disciplinary control over persons holding such offices.

(3) The Federal Civil Service Commission shall not exercise any of its powers under clause (2) in respect of such offices of heads of divisions of departments of the Federal Government as may, from time to time, be designated by an order made by the President, except after consultation with the Prime Minister.

137. Federal Electoral Commission

(1) The Federal Electoral Commission shall comprise the following persons, that is to say—

(a) a Chairman elected by the Associate Justices of the Supreme Court from among themselves;

(b) six members elected by the Senate; and

(c) six members elected by the House of Representatives.

(2) The Chairman of the Federal Electoral Commission shall hold office for a term of six years, which shall commence on the first Wednesday of May in 1987 and in every sixth year thereafter:

Provided that a Chairman who was elected to replace a Chairman who has died or ceased to be Chairman before the expiration of his term of office, or to fill a vacancy that was left unfilled when the said term expired, shall hold office for the remainder of his predecessor's term.

(3) The members of the Federal Electoral Commission elected under clause (1)(b) shall, unless their office sooner becomes vacant, continue in office until the day on which the House succeeding that which elected them first meets, but no further.

(4) The members of the Federal Electoral Commission elected under clause (1)(c) shall, unless their office sooner becomes vacant, continue in office until the day on which the Senate first meets after a renewal of its members (whether full or partial) subsequent to their election, but no further.

(5) A person shall not be qualified to hold office as a member of the Federal Electoral Commission under clauses (1)(b) and (1)(c) if he is the President, the Vice-President, the Prime Minister, the Vice-Prime Minister, a Minister, a Deputy Minister, a Member of Parliament, a judge or a public officer.

(6) Whenever a member of the Federal Electoral Commission dies, resigns, is removed from office, or is absent from New Granada, or is by reason of illness or any other cause unable to perform the functions of his office, the President may appoint a person who is qualified to be elected a member of the Federal Electoral Commission and any person so appointed shall continue to perform those functions until his appointment is revoked by the President, or until the a member of the Federal Electoral Commission concerned is able to perform those functions, or until the election of a new member.

(7) In the exercise of any functions vested in it by the Constitution, the Federal Electoral Commission shall not be subject to the direction or control of any person or authority.

(8) The Federal Electoral Commission shall submit a report on its work at least once a year to the Cabinet and a copy of such report shall be laid before Parliament.

(9) The Federal Electoral Commission shall have power to:

(a) organize, undertake and supervise the conduct of all public elections and referenda, including matters of voting by proxy;

(b) register political parties in accordance with the provisions of this Constitution and the law;

(c) monitor the organization and operation of the political parties, including their finances;

(d) arrange and conduct the registration of voters;

(e) prepare, maintain and revise the register of voters;

(f) monitor political campaigns; and

(g) carry out such other functions as may be conferred upon it by this Constitution or by law,

and for that purpose shall have power to make regulations by statutory instrument for the exercise of any of the foregoing powers.

138. Federal Judicial and Legal Service Commission

(1) The Federal Judicial and Legal Service Commission shall comprise the following persons, that is to say—

(a) the Chief Justice of the Supreme Court;

(b) the Deputy Chief Justice of the Supreme Court;

(c) the most senior Associate Justice of the Supreme Court;

(d) the Attorney-General;

(e) the Deputy Attorney-General;

(f) the Solicitor-General;

(g) the Secretary-General of the Federal Government; and

(h) two other members of the Federal Civil Service Commission designated for the purpose by the Secretary-General of the Federal Government.

(2) The Chairmanship of the Federal Judicial and Legal Service Commission shall be rotated yearly as follows, that is to say—

(a) the Chief Justice of the Supreme Court shall be Chairman from the first day of January to the thirtieth day of April;

(b) the Attorney-General shall be Chairman from the first day of May to the thirty-first day of August; and

(e) the Secretary-General of the Federal Government shall be Chairman from the first day of September to the thirty-first day of December.

(3) Where any of the persons mentioned in clause (2) then serves as Chairman of the Federal Judicial and Legal Service Commission—

(a) the person who comes immediately after him in the order of rotation shall be First Vice-Chairman; and

(b) the person who comes immediately before him in the order of rotation shall be Second Vice-Chairman.

(4) In the exercise of any functions vested in it by the Constitution, the Federal Judicial and Legal Service Commission shall not be subject to the direction or control of any person or authority.

(5) In absence of the Chairman, there shall preside over the Federal Judicial and Legal Service Commission the first of the following who is present and able to act, that is to say–

(a) the First Vice-Chairman; and

(b) the Second Vice-Chairman.

(6) The Federal Judicial and Legal Service Commission shall submit a report on its work at least once a year to the Cabinet and a copy of such report shall be laid before Parliament.

(7) The Federal Judicial and Legal Service Commission shall have power:

(a) to appoint persons to offices in the Federal Judicial and Legal Service; and

(b) to dismiss and exercise disciplinary control over persons holding such offices.

139. Federal Police Service Commission

(1) The Federal Police Service Commission shall comprise the following persons, that is to say—

(a) a Chairman;

(b) a number of other members, being neither less than six nor more than nine.

(2) In the exercise of any functions vested in it by the Constitution, the Federal Police Service Commission shall not be subject to the direction or control of any person or authority.

(3) The Federal Police Service Commission shall submit a report on its work at least once a year to the Cabinet and a copy of such report shall be laid before Parliament.

(4) The Federal Police Service Commission shall have power:

(a) to appoint persons to offices (other than office of the Inspector-General of Police) in the New Granada Federal Police; and

(b) to dismiss and exercise disciplinary control over persons holding such offices.

140. Federal Teaching Service Commission

(1) The Federal Teaching Service Commission shall comprise the following persons, that is to say—

(a) a Chairman;

(b) a number of other members, being neither less than six nor more than nine.

(2) In the exercise of any functions vested in it by the Constitution, the Federal Teaching Service Commission shall not be subject to the direction or control of any person or authority.

(3) The Federal Teaching Service Commission shall submit a report on its work at least once a year to the Cabinet and a copy of such report shall be laid before Parliament.

(4) The Federal Teaching Service Commission shall have power:

(a) to appoint persons to offices in the Federal Teaching Service; and

(b) to dismiss and exercise disciplinary control over persons holding such offices.

141. National Economic Council

(1) The National Economic Council shall comprise the following persons, that is to say—

(a) the Prime Minister, who shall be Chairman;

(b) the Minister of Finance, who shall be Vice-Chairman;

(c) the Deputy Minister of Finance;

(d) the Minister of Agriculture;

(e) the Minister of Economic Affairs;

(f) the Minister of Inudstry, Trade and Commerce;

(g) the Minister of National Development;

(h) the Minister of Transportation;

(i) the Minister of Energy;

(j) the State Executive Officer responsible for Finance in each State of the Federation; and

(k) the Governor of the New Granadan Central Bank;

(l) a number of other members, being neither less than nine nor more than fifteen, who shall be appointed by the Prime Minister and shall, in the opinion of the Prime Minister, be persons of unquestionable integrity and sound economic expertise.

(2) The appointments made under clause (1)(l) shall be subject to confirmation by the Senate.

(3) In determining the quorum of the National Economic Council, the members of that Council under clause (1)(t) shall be disregarded.

(4) In absence of the Chairman, the Deputy Chairman shall preside over the Council.

(5) The National Economic Council shall have power to advise the President and the Cabinet concerning the economic affairs of the Federation, and in particular on measures necessary for the co-ordination of the economic planning efforts or economic programs of both the Federation and the States.

142. National Judicial Council

(1) The National Judicial Council shall comprise the following persons, that is to say—

(a) the Minister of Justice, who shall be Chairman;

(b) one member elected by the Ministers (other than the Prime Minister, Vice-Prime Minister, or Minister of Justice) from among themselves;

(c) one member elected by the Senate from among its members;

(d) one member elected by the House of Representatives from among its members;

(e) two members elected by the National Council of the Integrated Bar from among its members;

(f) the Chief Justice of the Supreme Court;

(g) the Deputy Chief Justice of the Supreme Court; and

(h) the most senior Associate Justice of the Supreme Court.

(2) The member of the National Judicial Council elected under clause (1)(b) shall hold office for a term of one year, which shall commence on the first day of March:

Provided that a member who was elected to replace such a member who has died or ceased to be a member before the expiration of his term of office, or to fill a vacancy that was left unfilled when the said term expired, shall hold office for the remainder of his predecessor's term;

Provided further that, in appointments to such courts as may be prescribed by law, a specific Minister (other than the Prime Minister, Vice-Prime Minister, or Minister of Justice) shall sit in the National Judicial Council in lieu of the member elected under clause (1)(b).

(3) The member of the National Judicial Council elected under clause (1)(c) shall, unless his office sooner becomes vacant, continue in office until the day on which the House succeeding that which elected him first meets, but no further.

(4) The member of the National Judicial Council elected under clause (1)(d) shall, unless his office sooner becomes vacant, continue in office until the day on which the Senate first meets after a renewal of its members (whether full or partial) subsequent to his election, but no further.

(5) In the exercise of any functions vested in it by the Constitution, the National Judicial Council shall not be subject to the direction or control of any person or authority.

(6) The National Judicial Council shall submit a report on its work at least once a year to the Cabinet and a copy of such report shall be laid before Parliament.

(7) The National Judicial Council shall have power to—

(a) recommend to the President a list of persons for appointment to the offices of Judges of any Federal Court;

(b) exercise disciplinary control over the Judges of the Federal Courts;

(c) collect, control and disburse all moneys, capital and recurrent, for the Federal Judiciary;

(d) advise the President and the Cabinet or any matter pertaining to the Federal Judiciary as may be referred to the Council by the President or the Cabinet;

(e) deal with all other matters relating to broad issues of policy and administration of the Federal Judiciary.

143. National Police Council

(1) The National Police Council shall comprise the following persons, that is to say—

(a) the President, who shall be Chairman;

(b) the Minister of Homeland Security, who shall be Vice-Chairman;

(c) the Chairman of the Federal Police Service Commission;

(d) three other members of the Federal Police Service Commission designated for the purpose by the Chairman of the Commission;

(e) the Inspector-General of Police; and

(f) three other senior officers of the New Granada Federal Police designated for the purpose by the Inspector-General of Police.

(2) In absence of the Chairman, the Vice-Chairman shall preside over the Council.

(3) The functions of the National Police Council shall include—

(a) the organization and administration of the New Granada Federal Police and all other matters relating thereto (not being matters relating to the use and operational control of the Police or the appointment, disciplinary control and dismissal of members of the Police);

(b) the general supervision of the New Granada Federal Police; and

(c) advising the President on the appointment of the Inspector-General of Police.

144. National Population Commission

(1) The National Population Commission shall comprise the following persons, that is to say—

(a) a Chairman; and

(b) a number of other members, being neither less than six nor more than nine.

(2) In appointing members of the National Population Commission under clause (1)(b), the President shall not be required to obtain the confirmation of the Senate but shall consult the Council of State.

(3) In the exercise of any functions vested in it by the Constitution, the National Population Commission shall not be subject to the direction or control of any person or authority.

(4) The National Population Commission shall submit a report on its work at least once a year to the Cabinet and a copy of such report shall be laid before Parliament.

(5) The National Population Commission shall have power to—

(a) undertake periodical enumeration of population through sample surveys, censuses or otherwise;

(b) establish and maintain a machinery for continuous and universal registration of births and deaths throughout the Federation;

(c) advise the President and the Cabinet on population matters;

(d) publish and provide information and data on population for the purpose of facilitating economic and development planning; and

(e) appoint and train or arrange for the appointment and training of enumerators or the staff of the Commission.

145. National Security Council

(1) The National Security Council shall comprise the following persons, that is to say—

(a) the President, who shall be Chairman;

(b) the Vice-President, who shall be Vice-Chairman;

(c) the Prime Minister;

(d) the Vice-Prime Minister;

(e) the Commander-in-Chief;

(f) the First Vice-Chairman of the General Staff;

(g) the Inspector-General of Police;

(h) the Minister of the Government of the Federation charged with the responsibility for internal affairs.

(i) the Minister of the Government of the Federation charged responsibility for defence;

(j) the Minister of the Government of the Federation charged with the responsibility for foreign affairs;

(k) the National Security Adviser;

(l) not more than nine other members.

(2) In absence of the Chairman, the Deputy Chairman shall preside over the Council.

(3) In appointing members of the National Security Council under clause (1)(l), the President shall not be required to obtain the confirmation of the Senate.

(4) The National Security Council shall have power to advise the President on matters relating to public security including matters relating to any organisation or agency established by law for ensuring the security of the commonwealth.

146. Revenue Mobilization Allocation and Fiscal Commission

(1) The Revenue Mobilization Allocation and Fiscal Commission shall comprise the following persons, that is to say—

(a) a Chairman; and

(b) a number of other members, being neither less than nine nor more than fifteen, who in the opinion of the President are persons of unquestionable integrity with requisite qualifications and experience.

(2) The Revenue Mobilization Allocation and Fiscal Commission shall have power to—

(a) monitor the accruals to and disbursement of revenue from the Federal Consolidated Fund;

(b) review, from time to time, the revenue allocation formulas and principles in operation to ensure conformity with changing realities.

Provided that any revenue formula which has been accepted by an Act of Parliament shall remain in force for a period of not less than five years from the date of commencement of the Act;

(c) advise the Federal and State Governments on fiscal efficiency and methods by which their revenue can be increased; and

(d) carry out such other functions as may be conferred upon it by this Constitution or by law,

and for that purpose shall have power to make regulations by statutory instrument for the exercise of any of the foregoing powers.

F. Provisions as to the Federal Public Service

147. Establishment of Federal Public Service

There shall be a Federal Public Service, which shall consist of a Federal Civil Service, a Federal Judicial and Legal Service, a Federal Police Service, and a Federal Teaching Service.

148. Federal Service Commissions: power to delegate functions

Subject to the provisions of this Constitution, a Federal Service Commission may, with the approval of the President and subject to such conditions as it may deem fit, delegate any of the powers conferred upon it by this Constitution to any of its members or to any officer in the corresponding Federal Service.

149. Presidential appointments

(1) Power to appoint persons to hold or act in the offices to which this section applies and to remove persons so appointed from any such office shall vest in the President.

(2) The offices to which this section applies are, namely—

(a) Secretary-General to the Federal Government;

(b) Attorney-General;

(c) a Permanent Secretary in any department of the Federal Government; and

(d) any office on the personal staff of the President.

(3) An appointment to the office of Secretary-General to the Federal Government shall not be made except after consultation with the Prime Minister and shall not have effect unless the appointment is confirmed by the Senate.

(4) An appointment to the office of Attorney-General shall not be made except after consultation with the Minister of Justice and shall not have effect unless the appointment is confirmed by the Senate.

(5) An appointment to any office on the personal staff of the President shall be at the pleasure of the President and shall cease when the President ceases to hold office;

Provided that where a person has been appointed from a public service of the Federation or a State, he shall be entitled to return to the public service of the Federation or of the State when the President ceases to hold office.

150. Protection of pension rights

151. Function of Government Secretary-General

152. Public persecutions

153. Interpretation

In this Part, unless the context otherwise requires—

a "Federal Service Commission" means the Federal Civil Service Commission, the Federal Judicial and Legal Service Commission, the Federal Police Service Commission, or the Federal Teaching Service Commission, as the case may require; and

a "Federal Service" means the Federal Civil Service, the Federal Judicial and Legal Service, the Federal Police Service, or the Federal Teaching Service, as the case may require.

THE FEDERAL LEGISLATURE

Composition of Parliament

93. The Parliament of New Granada

There shall be a Parliament of New Granada which shall consist of two Houses, namely, an Upper House styled the Senate and a Lower House styled the House of Representatives.

94. Qualifications and Eligibility for Parliament

(1) Subject to the provisions of this Article, a person shall be qualified for election as a member of Parliament if, and shall not be so qualified unless, he or she–

(a) is a citizen of New Granada on the date of nomination for election and has continuously been a citizen thereof for a period of seven years immediately before that date;

(b) is on the date of nomination for election aged not less than 25 years; and

(c) is residing in the State or Federal Territory where he stands for election on the date of nomination and was continuously residing therein for a period of one year immediately before that date, or has resided in that State or Federal Territory for a total period of not less than five years out of the ten years immediately preceding that date, or otherwise hails from that State or Federal Territory.

(2) A person shall not be qualified for election as a member of Parliament if he or she–

(a) holds dual nationality on the date of nomination for election and has not done any and all acts required by him to renounce his foreign nationality before that date;

(b) has been convicted for a criminal offense for which, on the date of nomination for election, he serves his sentence;

(c) holds a public office of a Junior Management Grade or higher rank, on the date of nomination for election, or has held such office in the six months immediately preceding that date;

(d) performs military or police service, or service as a jailer, on the date of nomination for election, or has performed such service in the three years immediately preceding that date:

Provided that paragraph (d) shall not apply in any election held prior to the 17th day of August, 1999.

(3) A person shall not be qualified for election as a member of Parliament if he or she has been convicted for a criminal offense for which, on the date of nomination for election, he has completed his sentence and on that date–

(a) in case of treason, or an offense relating to elections, for which he or she has not been pardoned, fifteen years had yet to lapse from the end of the sentence;

(b) in case of treason, or an offense relating to elections for which he or she has been pardoned, fifteen years had yet to lapse from the date of pardon, or seven years had yet to lapse from the end of the original sentence, whichever is earlier;

(c) in case of an offense not relating to elections and punishable by at least ten years imprisonment other than treason, for which he or she has not been pardoned, seven years had yet to lapse from the end of the sentence;

(d) in case of an offense not relating to elections and punishable by at least ten years imprisonment other than treason, for which he or she has been pardoned, the original sentence would have yet to end.

(4) In determining continuity of residence, residence outside New Granada, or a given State or Federal Territory, to–

(a) seek medical help;

(b) study at a university or an institution of higher learning for not more than four years;

(c) work for the Government,

shall be disregarded.

98. Emoluments of Members

99. Determination of questions of Membership

Composition of House of Representatives

22. Membership of the House of Representatives.

(1) The House of Representatives shall consist of four hundred and fifty elected members, who shall be known as "Representatives":

Provided that, if any person who is elected as a Representative is then deemed to hold an overhang seat, he shall, by virtue of that fact, and so long as he continues to be deemed to hold an overhang seat, be a member of the House in addition to the four hundred and fifty members aforesaid.

(2) The number of Representatives for each State and Federal Territory shall be determined pursuant to its population, as ascertained by the most recent official census, as follows:

(a) there shall be two hundred and twenty-five points to be allocated;

(b) for each State and Federal Territory there shall be determined an "allocation figure" by the formula:

${\frac {P}{\sqrt {S(S+1)}}}$

where

P is the population of that State or Federal Territory ascertained by the most recent official census; and

S is the number of points allocated to that State or Federal Territory;

(c) each State and Federal Territory shall be allocated one point;

(d) one additional point shall be allocated to the State or Federal Territory with the highest allocation figure, after any recalculation required by paragraph (e) has been carried out;

(e) a recalculation of the allocation figure in relation to a State or Federal Territory shall be carried out if an application of paragraph (d) resulted in the allocation of an additional point to the State or Federal Territory concerned; and

(f) the number of Representatives of that State or Federal Territory shall be twice the number of its points.

(3) The allocation of points between the States and Federal Territories shall be revised following the return of each official census, and the Federal Electoral Commission shall make an Order for giving effect to such allocation.

(4) An Order under clause (3) shall become effective as from the first general elections to the House of Representatives held later than 90 days after its publication in the Federal Gazette, and shall have the force of law until a further such Order by the Federal Electoral Commission so becomes effective.

(5) The Supreme Court shall have original and exclusive jurisdiction in all proceedings in which an Order by the Federal Electoral Commission purporting to be made under this Article is challenged.

(6) For the purposes of this Article–

the numbers of Representatives determined for each State and Federal Territory under this Article do not include any Representatives who are deemed to hold overhang seats; and

"official census" means any federal census held on an even-numbered year.

31. Tenure of office of Representatives.

(1) The House of Representatives shall be chosen for a term of three years, unless sooner dissolved.

(2) Every House of Representatives shall continue from the date of its first sitting and until the date of the first sitting of the House succeeding it.

(3) A person assuming membership of the House of Representatives in accordance with the provisions of this Constitution shall, unless his seat sooner becomes vacant, continue as a Representative as long as the House to which he was elected continues, but no further.

(4) A Representative may resign his seat by writing addressed to the first of the following who is present and able to act, that is to say–

(a) the Speaker of the House of Representatives;

(b) the Vice-Speaker of the House;

(c) such of the other Deputy Speakers of the House as the Representative may appoint;

(d) the Secretary-General of the House; or

(e) such officer as may be provided for by Act of Parliament, or, in the absence of such provision, as the House may appoint,

and such resignation shall take effect at the time specified therein, unless earlier rescinded.

32. Speaker of House of Representatives

33. Deputy Speakers and Vice-Speaker of House of Representatives.

Election of Representatives

94. Electoral system.

The Representatives shall be elected by the system of Proportional Representation prescribed in this Part.

95. Constituencies

(1) Each State and Federal Territory shall be divided into as many constituencies as it has points under Article 22, and each of those constituencies shall elect one Representative.

(2) The Federal Electoral Commission shall, in accordance with the provisions of this Article, review the boundaries of the constituencies into which each State and Federal Territory is divided whenever, and for whatever State or Federal territory, such a review is required under clause (3).

(3) A review under clause (2) shall be made–

(a) following the return of each supplementary census, for all States and Federal Territories; and

(b) following the return of each official census, for every State and Federal Territory affected by the ensuing allocation of points under Article 22.

(4) Where the Federal Electoral Commission makes a review under clause (2), it shall, at the conclusion of such review, report either–

(a) that an alteration is required to the division of the State or Federal Territory concerned into constituencies in order to give effect to the rules set out in clause (5); or

(b) stating that no such alteration is required in order to give effect to the said rules.

(5) The rules for delimiting constituencies within a given State or Federal Territory shall be as follows–

(a) all constituencies within the same State or Federal Territory shall, so far as is practicable, be of equal population, and in particular, the population of any constituency shall not be more than one hundred and fifty per cent nor be less than fifty per cent of the population quota;

(b) to the extent possible without violating the requirements of this clause, the population of any constituency shall not be more than one hundred and ten per cent nor be less than ninety per cent of the population quota;

(c) the constituencies shall be geographically contiguous, unless the territory of the State or Federal Territory concerned is not geographically contiguous;

(d) natural boundaries such as major highways and rivers shall be used to the extent possible without violating the requirements of this clause;

(e) the geographic integrity of any administrative district, municipal area of jurisdiction, or community of interest shall be respected, to the extent possible without violating the requirements of this clause;

(f) the constituencies shall, so far as is practicable, be delimited to encourage geographical compactness such that nearby areas of population are not bypassed for more distant population; and

(g) a constituency shall not be delimited for the purpose of favoring or discriminating against an incumbent, candidate, or political party.

(6) For the purposes of clause (5)–

"population" means population as recorded in the most recent supplementary census; and

"population quota" means the total population of the State or Federal Territory divided by the number of constituencies therein.

(7) Where the Federal Electoral Commission makes a report under paragraph (4)(a), it shall show, in its report–

(a) the constituencies into which, in the opinion of the Commission, the State or Federal Territory concerned should be divided;

(b) the numbering of such constituencies as determined by the rules set out in clause (8); and

(c) the names of such constituencies as determined by the rules set out in clause (9).

(8) The constituencies within a given State or Federal Territory shall be numbered consecutively commencing at the northern boundary of the State or Federal Territory concerned and ending at the southern boundary thereof:

Provided that, where multiple constituencies lie on the same east-west axis, their numbering shall commence with the westernmost constituency and end with the easternmost constituency.

(9) Each constituency shall be known by such name as the Federal Electoral Commission may give it, based on the following rules–

(a) the name of a constituency shall first be determined on account of its geographical features and communities of interest, as well as the name of the State or Federal territory in which the constituency is comprised, and those of the administrative districts and municipalities comprised therein, to such extent as the Commission may deem appropriate;

(b) where an identical name is determined for two or more constituencies under paragraph (a), there shall be suffixed to the name of each constituencies concerned a distinction indicating the urban, suburban, or rural character of population of a given such constituency, or its physical location relative to all other constituencies concerned, to such extent as the Commission may deem appropriate;

(c) where, after an addition of a suffix under paragraph (b), two or more constituencies continue to have an identical name, all such constituencies shall be numbered in accordance with clause (8) (which shall apply for the purpose mutatis mutandi), and such number shall be suffixed, in ordinal form, to the name of such constituency.

(10) As soon as may be after the Federal Electoral Commission has made a report under clause (4), it shall make an Order for giving effect to the recommendations contained in such report.

(11) An Order under clause (10) shall become effective as from the first general elections to the House of Representatives held later than 90 days after its publication in the Federal Gazette, and shall have the force of law until a further such Order by the Federal Electoral Commission so becomes effective.

(12) In the exercise of its functions under this Article the Federal Electoral Commission shall not be subject to the direction or control of any other person or authority.

(13) The Supreme Court shall have original and exclusive jurisdiction in all proceedings in which an Order by the Federal Electoral Commission purporting to be made under this Article is challenged.

(14) For the purposes of this Article–

"community of interest" does not include relationship with a political party, an incumbent, or a candidate;

"official census" means any federal census held on an even-numbered year; and

"supplementary census" means any federal census held on an odd-numbered year.

95. Voting in General Elections.

(1) Each person entitled to vote as an elector at an election of Representatives shall have the following votes:

(a) one vote (referred to in this Part as a constituency vote) which may be given for a candidate for Representative in respect of a given constituency; and

(b) such number of votes (referred to in this Part as at-large votes) as is equal to the number of Representatives for the State or Federal Territory in which the constituency is situated, which may be given in accordance with clause (2).

(2)

(a) An at-large vote may be given for any candidate named in a list of candidates for at-large members submitted by a registered political party in respect of a given state, without regard as to whether or not at-large votes have been given for candidates named in different lists:

provided that no person may cast more than three at-large votes for any one candidate.

(b) A person may cross out the name of any candidate named in a list of candidates for at-large members to whom that person did not give an at-large vote.

95. Lists of Candidates.

(1) Any registered political party may submit a list of candidates for at-large members in respect of each State or Federal Territory in which that party conducts activities.

(2) The list must not include more persons in number than the number of seats the State or Federal Territory is entitled to (but may include only one).

(3) The list must not include a person—

(a) who is a candidate for constituency member but who is not a candidate of that party; or

(b) who is included on any other list submitted for the election of at-large members.

96. Allocation of Seats.

(1) For each registered political party by which a list of candidates has been submitted for the election of at-large members in a given State or Federal Territory there shall be determined an "at-large figure" by the formula:

${\frac {V}{S+1}}$

where

V is the number of at-large votes given for that party in that State or Federal Territory;

S is the number of seats already allocated for that party in that State or Federal Territory.

(2) Any party which polled less than 5 per cent of the total number of at-large votes cast nationwide and the number of candidates supporting it elected as constituency members in all States and Federal Territories is less than three, shall be left out of account in applying clauses (3) and (4):

Provided that this clause shall not apply unless any party polled at least 10 per cent of the total number of at-large votes cast nationwide and the number of candidates supporting it elected as constituency members in all States and Federal Territories is at least six.

(3) One seat for at-large members in a given State or Federal Territory shall be allocated to the party with the highest at-large figure in that State or Federal Territory, after any recalculation required by clause (4) has been carried out.

(4) A recalculation of the at-large figure in relation to a party shall be carried out if an application of clause (3) resulted in the allocation of a seat to the party concerned.

(5) If (on any application of clause (3)) the highest at-large figure in a given State or Federal Territory is the at-large figure of two or more parties, the clause in question shall apply to each of them.

(6) Where, on the application of clause (5), there would be allocated more seats than the full number of seats for that State or Federal Territory, clause (3) or (4), as the case may be, shall only apply to parties with the greatest numbers of seats already allocated.

(7) If clause (6) would still mean that more than the full number of seats for that State or Federal Territory was allocated, the Electoral Commission shall decide between the parties by lots.

97. Election of constituency members, Overhang seats, etc.

(1) A person may be nominated as a candidates for constituency member by–

(a) any registered political party which conducts activities in the State or Federal Territory in which the constituency is situated; or

(b) not less than 2,000 persons who are voters in that constituency, or 0.5 per cent of the voters in that constituency, whichever is lesser.

(2) A candidate in a given constituency shall be declared elected–

(a) where he is the only candidate who stands for election in that constituency, if he has polled more votes in his favor than votes against him;

(b) where multiple candidates stand for election in that constituency, if he receives the highest number of votes cast.

(3) For the purposes of this Part, the party supported by a given constituency candidate shall be determined as follows–

(a) where the person concerned is nominated by a party which submitted a list of candidates for at-large members in respect of the State or Federal Territory in which the constituency is situated, he shall be deemed to support that party; and

(b) where the person concerned is not so nominated, he shall, at the time of his nomination, declare in such manner as may be prescribed by or under an Act of Parliament which of the parties which submitted a list of candidates for at-large members in respect of that State or Federal Territory he supports, and if he does not so declare his nomination as a constituency candidate shall be void.

(4) In the election of constituency Representatives, the ballot papers shall be in such form as to disclose both the names of the Constituency candidates and the name of the party which each of the Constituency candidates supports.

(5) Where (whether at the initial general election or in consequence of alterations in the Constituency membership of the House of Representatives resulting from by-elections) the number of Constituency Representatives who support a given party exceeds the at-large figure of that party, the election of its supernumerary members shall not be affected, and they shall be deemed to hold an overhang seat until the number of Constituency Representatives who support the party concerned no longer exceeds the at-large figure of that party.

(6) For the avoidance of doubt, it is hereby declared that, among the Constituency Representatives who support a given party, those who have received the lowest and each preceding numbers of votes cast in their favor shall be deemed to each hold an overhang seat until the number of supernumeraries has been completed:

Provided that where, by reason of an equality of votes between them, the number of Constituency Representatives who would otherwise be deemed to have held an an overhang seat exceeds the number of supernumerary members remaining, those among them who were elected for the Constituencies having the highest numbers under Article 95(8) shall each be deemed to hold an overhang seat.

97. Election of at-large members.

(1) The persons who are to be elected as constituency members for constituencies included in a given state must be determined before the persons who are to be elected as the at-large members for that state.

(2) There shall be determined in each state–

(a) for each candidate named in a list of candidates for at-large members in that state, a "candidate figure", by subtracting the number of ballots in which that candidate's name was crossed out from the number of at-large votes given for him;

(b) for each such list of candidates, an "order of election", showing the candidates named in such list according to their candidate figures, the person or persons who received the highest candidate figure being placed first and those who received any lower candidate figure being placed in descending order; and

(c) for the party submitting such list, a "vacancy figure", by subtracting the number of constituencies in which candidates supporting that party were elected from the number seats allocated to that party, negative results being deemed as zero.

(2) Where an equality of candidate figures exists between two or more candidates in the same list, their place in the order of election shall be determined–

(a) by the order of at-large votes given for them, the person or persons who received the highest number of votes being placed first and those who received any lower number being placed in descending order;

(b) if, on the application of paragraph (a), an equality persists between two or more persons, by the order of ballots in which at-large votes were given for them, the person or persons who received the highest number of such ballots being placed first and those who received any lower number being placed in descending order; and

(c) if, on the application of paragraph (2), an equality still persists between two or more persons, by the order in which they appear on the list.

(3) Those persons who, in a given list of candidates for at-large members in a given state, stand in the first and each succeeding place on the order of election for that list, until the vacancy figure of the party concerned has been completed, disregarding any such persons elected as constituency members, shall be elected as at-large members for that state.

29. Vacancies in House of Representatives.

(1) If the seat of any Constituency Representative becomes vacant for any reason, a by-election shall be held for that seat not later than ninety days after the seat becomes vacant, unless the Wednesday immediately before the ninetieth day after the seat becomes vacant falls within six months of the general elections to the House of Representatives.

(2) Where, in consequence of alterations in the Constituency membership of the House of Representatives resulting from by-elections–

(a) the number of Constituency Representatives who support a given party is increased, the vacancy figure of the party concerned shall be adjusted accordingly, and the at-large Representatives who would have not been elected under the adjusted vacancy figure shall retire;

(b) the number of Constituency Representatives who support a given party is decreased, the vacancy figure of the party concerned shall be adjusted accordingly, and a vacancy shall be deemed to have been held among its at-large Representatives.

(3) If the seat of any Constituency Representative vacant for any reason in circumstances where, under clause (1), no by-election would be held, then–

(a) if he then holds an overhang seat, the vacancy shall not be filled; and

(b) if he does not then hold an overhang seat, the vacancy shall be filled in accordance with clause (4).

(4) If the seat of any at-large Representative becomes vacant for any reason, such vacancy shall be filled by the person who immediately follows him on the order of election for the list of candidates concerned, disregarding any such persons who are elected as constituency members.

(5) For the purposes of clause (3)(b), where the Constituency candidate concerned also appears on the list of candidates concerned, his place in the order of election shall be determined as if he was not elected as a Constituency members, and where he does not so appear, then, for the purpose of determining his place in the order of election–

(a) the result of the formula:

${P\%(V*S)}$

where

P% is the percentage of the population quota of the State or Federal Territory concerned, as defined under Article 95, borne by the population of the constituency concerned;

V is the number of votes given for him in the constituency concerned; and

S is the number of constituencies in the State or Federal Territory concerned,

shall be deemed to be his candidate figure;

(b) the result of the formula:

${V}*{S}$

where

V is the number of votes given for him in the constituency concerned; and

S is the number of constituencies in the State or Federal Territory concerned,

shall be deemed to be the number of at-large votes given for him;

(c) the number of votes given for him in the constituency concerned shall be deemed to be the number of ballots in which at-large votes were given for him; and

(d) his position on the list shall be deemed to be the number of the constituency concerned under Article 95(8), and where two such constituencies have the same number such of them as may be situated in more populous states shall come before those in less populated states, but in all cases all constituency candidates shall be deemed to have been posiitoned on the list immediately after the last of the at-large candidates.

Composition of Senate

22. Membership of the Senate.

(1) The Senate shall consist of six members from each State and three from each Federal Territory.

(2) Members of the Senate shall be known as "Senators".

25. Qualifications and Eligibility for Senators.

A person shall not be qualified for election as a Senator, even if otherwise qualified for election as a member of Parliament, unless he or she—

(a) is on the date of nomination for election aged not less than 30 years; and

(b) has continuously been a citizen of New Granada for a period of nine years immediately before the date of nomination for election.

31. Tenure of office of Senators.

(1) The Senate shall be a permanent body, but may be subject to dissolution as in this Constitution provided.

(2) There shall be an ordinary Senate election every third year.

(3) Subject to Clauses (4) and (5), a person assuming membership of the Senate in accordance with the provisions of this Constitution shall, unless his seat sooner becomes vacant, continue as a Senator—

(a) if elected to Represent a State, until the Senate first meets following the second ordinary Senate Election held after the first 6 months of his term, but no further; and

(b) if elected to Represent a Federal Territory, until the Senate first meets following the first ordinary Senate Election held after the first 6 months of his term, but no further.

(7) A Senator may resign his seat by writing addressed to the first of the following who is present and able to act, that is to say–

(a) the President of the Senate;

(b) the Vice-President of the Senate;

(c) such of the other Deputy Presidents of the Senate as the Senator may appoint;

(d) the Secretary-General of the Senate; or

(e) such officer as may be provided for by Act of Parliament, or, in the absence of such provision, as the Senate may appoint,

and such resignation shall take effect at the time specified therein, unless earlier rescinded.

32. President of Senate.

33. Deputy Presidents and Vice-President of Senate.

Election of Senators

30. Electoral System, Voting in Senate Elections, etc.

(1) The Senators shall be elected by the quota-preferential system prescribed in this Part:

Provided that this clause shall not apply—

(a) in any State where a resolution under Article 95(1)(c) is in effect;

(b) in Port Michael, if a resolution under Article 95(1)(c) is in effect; and

(c) in any other Federal Territory where an Act under Article 95(1)(c) is in effect.

(2) Each person entitled to vote at an election of Senators shall have one vote, which shall be capable of being given so as to indicate the elector's order of preference for the candidates.

(3) The provisions of this Part shall be applied for as many successive counts as are necessary so that the number of candidates declared elected equals the numbers of vacancies to be filled.

(4) For the purposes of this Article—

a candidate is the next available preference of a particular elector if the candidate comes next in that elector's order of preference, disregarding any candidates who were declared elected or eliminated at a previous count;

the quota shall be determined by the formula:

$\left({\frac {V}{S+1}}\right)+1$

disregarding any fraction, where

V is the total number of first preference votes obtained by all candidates; and

S is the number of vacancies to be filled.

95. Senate Electorate: States

(1) Each State shall determine, by means of a resolution passed by the State Legislature thereof, the electorate at its Senate elections from among the following options, that is to say—

(a) the Senators shall be elected by the members of the State Legislature;

(b) the Senators shall be elected by an Electoral College consisting of the members of the State Legislature and such delegates of the local government authorities as may be provided by law of that State; or

(c) the Senators shall be elected directly by the voters of that State,

but in the absence of such resolution, paragraph (a) shall apply.

(2) A resolution under clause (1)(c) shall not have effect in respect of any State, unless in that State a law prescribing an electoral system for direct Senate Elections is in force.

95. Senate Electorate: Port Michael

(1) The House Grand Committee for Port Michael shall determine, by means of a resolution passed by a majority of its members, the electorate at Senate elections in Port Michael from among the following options, that is to say—

(a) the Senators shall be elected by the members of the Territorial Assembly;

(b) the Senators shall be elected by an Electoral College consisting of the members of the Territorial Assembly and such delegates of the boroughs as it may provide for; or

(c) the Senators shall be elected directly by the voters of Port Michael,

but in the absence of such resolution, paragraph (a) shall apply.

(2) A resolution under clause (1)(c) shall not have effect unless an electoral system for direct Senate Elections is prescribed by the Territorial Assembly.

95. Senate Electorate: Other Federal Territories

(1) Parliament shall determine the electorate at Senate elections in Federal Territories other than Port Michael, and may for that purpose provide that electorate to include—

(a) members of the Territorial Representative authority; and

(b) delegates of local government authorities in such proportion as it may provide for:

Provided that noting in this clause shall prevent Parliament from determining that the Senators for a given Federal Territory shall be elected directly by the voters thereof, but such a determination shall not have effect unless an electoral system for direct Senate Elections is prescribed by Parliament.

(5) A candidate shall be declared elected if he obtains a number of votes at least equal to the quota—

(a) on the first count of votes, taking into account only electors' first preferences; or

(b) on any subsequent count of votes, after adding to electors' first preferences the votes transferred to him under clauses (6) and (7) of this Article.

(6)

(a) The votes obtained by a candidate who is declared elected in excess of the quota shall be distributed to the next available preferences, so that the number of votes distributed to a given candidate is equal to the number of ballots on which that candidate was the next available preference multiplied by the transfer factor referred to in paragraph (b), disregarding any fractional vote.

(b) For the purposes of paragraph (a), the transfer factor is the number of votes of a candidate declared elected that are in excess of the quota divided by the total number of ballots used to calculate the number of votes obtained by that candidate, the result expressed to five decimal places.

(c) Where, by reason of an equality of first preference votes between them, two or more candidates have obtained a number of votes equal to or greater than the quota, the order of distribution of their surplus votes shall be determined by lot.

(7)

(a) Subject to the provisions of paragraph (d), where at any count no candidate has obtained a number of votes equal to or greater than the quota, the candidate who has obtained the smallest number of votes shall be eliminated from subsequent counts.

(b) The votes obtained by a candidate who is eliminated under paragraph (a) shall be distributed to the next available preferences, so that the number of votes distributed to a given candidate is equal to the number of ballots on which that candidate was the next available preference multiplied by the transfer factor referred to in paragraph (c), disregarding any fractional vote.

(c) For the purposes of paragraph (b), the transfer factor in relation to the votes of an eliminated candidate is—

(i) one; or

(ii) in the case of votes obtained by distribution, the transfer factor applied in the distribution of votes to the eliminated candidate.

(d) Where at any count, by reason of an equality of votes between them, two or more candidates have obtained the smallest number of votes, the candidate who has obtained the smallest number of votes in the preceding count shall be eliminated.

(8) Where at any count no candidate has obtained a number of votes equal to or greater than the quota, and the number of candidates remaining in the count equals the number of vacancies yet to be filled, each of the remaining candidates shall be declared elected.

(9)

(a) Subject to the provisions of paragraph (d), where at any count more than one candidate has obtained votes that are in excess of the quota, their respective surplus votes shall be distributed in distinct and successive counts in their order of relative magnitude, the largest surplus being distributed at the next count and progressively smaller surpluses being distributed on subsequent counts.

(b) Where two or more candidates referred to in paragraph (a) have received the same number of votes at any count, the order of distribution of their surplus votes shall be in the order of the relative magnitude of the votes obtained by them in the preceding count.

(c) Where a candidate to whom votes have been distributed at a previous count is eliminated from counting, those votes shall be further distributed to the other candidates in distinct and successive counts in the order in which they were obtained by the eliminated candidate, votes obtained earliest being distributed at the ensuing count and votes obtained subsequently being distributed on subsequent counts.

(d) Surplus votes arising at any count may only be distributed after the distribution of all votes arising at previous counts.

29. Vacancies in Senate.

Procedure in Parliament — General

100. Oath of Members

(1) A member of either House shall, before taking his seat in Parliament, take and subscribe before the Presiding Officer of the House concerned and in the presence of the members of that House, the oath of allegiance and the oath of a member of parliament set out in the Second Schedule to this Constitution.

(2) A member of either House may, before taking the oaths referred to in clause (1) of this article, take part in the election of the Presiding Officer of the House concerned.

101. Presiding in House of Representatives

(1) The Speaker of the House of Representatives shall preside at all sittings of the House, and in his absence there shall preside the first of the following who is present and able to act, that is to say–

(a) the Vice-Speaker of the House;

(b) the other Deputy Speakers of the House, by order of their seniority; and

(c) the Speaker-pro-Tempore elected under clause (2).

(2) Where, in a sitting of the House of Representatives, the Speaker and all Deputy Speakers are absent, the House shall elect a Speaker-pro-Tempore in like manner as it elects its Speaker, and the Speaker-pro-Tempore so elected shall preside over the sitting for the time being:

Provided that, pending the election of a Speaker-pro-Tempore, the most senior Representative present shall serve as Speaker-pro-Tempore.

(3) References in this Article to absence of an officeholder include references to circumstances in which the office concerned is vacant.

101. Presiding in Senate

(1) The President of the Senate shall preside at all sittings of the Senate, and in his absence there shall preside the first of the following who is present and able to act, that is to say–

(a) the Vice-President of the Senate;

(b) the other Deputy Presidents of the Senate, by order of their seniority; and

(c) the President-pro-Tempore elected under clause (2).

(2) Where, in a sitting of the Senate, the President and all Deputy Presidents are absent, the Senate shall elect a President-pro-Tempore in like manner as it elects its President, and the President-pro-Tempore so elected shall preside over the sitting for the time being:

Provided that, pending the election of a President-pro-Tempore, the most senior Senator present shall serve as President-pro-Tempore.

(3) References in this Article to absence of an officeholder include references to circumstances in which the office concerned is vacant.

101. Presiding in Joint Sitting

(1) The President of the Senate shall preside at all joint sittings of Parliament, and in his absence there shall preside the first of the following who is present and able to act, that is to say–

(a) the Speaker of the House of Representatives;

(a) the Vice-President of the Senate;

(a) the Vice-Speaker of the House of Representatives;

(b) the other Deputy Presiding Officers of both Houses, by order of their seniority; and

(c) the Chair-pro-Tempore elected under clause (2).

(2) Where, in a joint sitting of Parliament, the Presiding Officers and all Deputy Presiding Officers of both Houses are absent, the joint sitting shall elect a Chair-pro-Tempore from among the members of Parliament, and the Chair-pro-Tempore so elected shall preside over the joint sitting for the time being:

Provided that, pending the election of a Chair-pro-Tempore, the most senior Member present shall serve as Chair-pro-Tempore.

(3) References in this Article to absence of an officeholder include references to circumstances in which the office concerned is vacant.

101. Introduction of Matters

Subject to the provisions of this Constitution and of the rules of procedure of each House, or of the Joint Sitting of Parliament, as the case may be—

(a) any member of either House may introduce any Bill or propose any motion for debate in, or may present any petition to, the House concerned, and the same shall be debated and disposed of according to the rules of procedure of that House; and

(b) any member of either House may propose any motion for debate in, or may present any petition to, a Joint Sitting of Parliament, and the same shall be debated and disposed of according to the rules of procedure of the Joint Sitting.

102. Quorum in Parliament

(1) One-third of all the members of a House of Parliament, apart from the person presiding, shall constitute a quorum for that House of Parliament to do business:

Provided that, notwithstanding that such quorum is not met, the House concerned shall be capable to adjourn the meeting or to compel the attendance of absent members therein.

(1) One-third of all the members of a House of Parliament, apart from the person presiding, shall constitute a quorum for that House of Parliament to do business:

(3) A House of Parliament, or Parliament in joint sitting, as the case may be, shall be capable of adjourning a meeting, or compelling the attendance of absent members therein, notwithstanding that a quorum under clause (1) or (2) is not met.

103. Committees of Parliament

(1) Each House of Parliament shall appoint such standing committees as may be necessary for the effective discharge of its functions, and may further appoint standing or interim committees for such special or general purpose as in its opinion would be better regulated and managed by means of such a committee.

(2) The Senate and the House of Representatives shall jointly appoint such standing joint committees as may be necessary for the effective discharge of Parliamentary functions to the extent coordination between the Houses is required, and may further appoint standing or interim joint committees for such special or general purpose as in their opinion would be better regulated and managed by means of such a joint committee.

(3)

(a) The membership of a committee of a House of Parliament shall be fixed by the House appointing it, and reflect the factional composition of the House Concerned; and, in particular, the factional composition of the committee shall be proportionate to the factional composition of the entire House as far as practicable.

(b) For the purposes of this clause, "membership of a committee of a House of Parliament" includes such part of the membership of a joint committee of Parliament as may be appointed by the House concerned.

(4) Committees of Parliament shall be charged with such functions, including the investigation and inquiry into the activities and administration of ministries and departments, as Parliament may, through its standing orders, by means of resolution, or otherwise, delegate to it; and such investigation and inquiries may extend to proposals for legislation.

(5) In particular, a committee of Parliament shall have power to require any person—

(a) to attend its proceedings for the purpose of giving evidence, or

(b) to produce documents in his custody or under his control,

concerning any subject for which the committee has general responsibility or which it otherwise thinks fit to investigate.

104. Voting in Parliament

(1) Except as otherwise provided in this Constitution or by Act, matters proposed for decision in a House of Parliament, or in Parliament in joint sitting, shall be determined by the votes of the majority of members present and voting, and where the votes on a given matter are equal, the person presiding shall have a casting vote.

(2) The person presiding shall have an original vote if he is a member of the House concerned (or in case of a joint sitting, a member of Parliament) but not otherwise.

(3) A member who is a party to or a partner in a firm which is a party to a contract with the Government shall declare his interest and shall not vote on any question relating to the contract.

(4) Votes on any question so proposed for decision shall be taken in such manner as may comply with the following rules, that is to say—

(a) votes may be cast in favor of the question ("aye") or against it ("no");

(b) except in the case of a casting vote, votes may also be cast so as to express a neutral opinion ("abstain"); and

(c) the votes shall be taken so as to ensure the total numbers of "aye", "no" and "abstain" votes cast to be disclosed:

Provided that Parliament may, through its standing orders, require votes to be explicitly made by roll-call vote, or by secret ballot.

105. Unqualified Person Sitting or voting

Each House of Parliament, or Parliament in joint sitting, may, subject to its standing orders of Parliament, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:

Provided that a person who sits or votes in a House of Parliament, or in Parliament in joint sitting, knowing or having reasonable grounds for knowing that he is not entitled so to do, shall be liable to such penalty as shall be prescribed by or under an Act of Parliament.

108. Settlement of Financial Matters

(1) A House of Parliament, or Parliament in joint sitting, may not proceed upon any bill or motion (including, without prejudice to the generality of those expressions, an amendment to a bill or to a motion) that, in the opinion of the person presiding, makes provision for a protected financial matter, unless the provisions of clause (2) have been complied with:

Provided that nothing in this Article shall prevent a question under clause (2)(c) from being raised or decided on.

(2) For the purposes of clause (1), this clause shall be complied with—

(a) where the bill concerned has been introduced by the General Staff, the President, the Vice-President, the Prime Minister, the Vice-Prime Minister, a Minister or a Deputy Minister;

(b) where consent for proceeding on the bill or motion concerned has been granted by the General Staff, the President, the Vice-President, the Prime Minister, the Vice-Prime Minister, a Minister or a Deputy Minister;

(c) where, before proceeding on the bill or motion concerned, the person presiding has raised before the House concerned, or before Parliament in joint session, as the case may be, the question whether the bill or motion concerned should be proceeded on, and such question is approved by the votes of not less than two-thirds of the members present and voting, or of a majority of all the members, whichever is lesser.

(3) For the purposes of this Article, "protected financial matter" means—

(a) the imposition of taxation or the alteration of taxation otherwise than by reduction; or

(b) the imposition of a charge on the Federal Consolidated Fund or other public funds of the Federation or the alteration of any such charge otherwise than by reduction; or

(c) the payment, issue or withdrawal from the Federal Consolidated Fund or other public funds of the Federation of any moneys not charged on the Federal Consolidated Fund or any increase in the amount of that payment, issue or withdrawal; or

(d) the composition or remission of any debt due to the Federal Government of the Commonwealth.

110. Standing Orders and rules of procedure

(1) Subject to the provisions of this Constitution, Parliament may, by standing orders, regulate its procedure.

(2) Subject to the provisions of this Constitution and of the Standing Orders of Parliament, each House of Parliament, and Parliament in joint sitting, may, by rules of procedure, further regulate its own procedure.

111. Attendance in Parliament of Commander-in-Chief, President, Vice-President and Ministers

(1) The following persons shall be entitled to participate in the proceedings of each House of Parliament, or of Parliament in joint sitting—

(a) the Commander-in-Chief;

(b) the First Vice-Chairman and any other member of the General Staff;

(c) the President and the Vice-President;

(d) the Prime Minister, the Vice-Prime Minister and any Minister or Deputy Minister;

(e) the Presiding Officer and any Deputy Presiding Officer of either House of Parliament;

(f) the Chairman of any Committee of Parliament;

(g) the floor leader of a party caucus in either House of Parliament;

(h) the Governor of any State;

(i) a member of the Executive Government of any State; and

(j) the Presiding Officer and any Deputy Presiding Officer of any State Legislature (including, without prejudice to the generality of those expressions, in a State Legislature having multiple houses, the Presiding Officers and Deputy Presiding Officers of any such House).

(2) Where a person as aforesaid participates in the proceedings of either House of Parliament, or of Parliament in joint sitting, as the case may be, he shall be accorded all the privileges of a member of that House, or of a member of Parliament, for the purposes of those proceedings, but shall not be entitled to vote.

112. Sessions of Parliament

Procedure in Parliament — Exercising Legislative Powers

106. Mode of Exercising Legislative Power

(1) The power of Parliament to make laws shall be exercised by Bills which were passed by the Senate and the House of Representatives (except where otherwise prescribed by Articles 109 to 111 inclusive) and became law as prescribed in this Part.

(2) No law made by Parliament shall come into operation until it has been promulgated in the Federal Gazette, but Parliament may postpone the coming into operation of any such law and may make laws with retrospective effect.

107. Regulations under which Laws are to be enacted

(1) In the making of Acts, Parliament shall observe, as far as practicable, the rules provided for by this Article.

(2) All laws made by Parliament shall be styled "Acts".

(3) In every Act, the words of enactment shall be as follows:–

"Be it enacted by the Parliament of New Granada as follows:"—

(4) Every Act shall be distinguished by two titles, that is to say–

(a) a long title, preceding all other provisions of the Act and providing for a summary description of its topical scope; and

(b) a short title (by which the Act is to be cited) defined by one of the provisions of the Act.

(5) An Act shall make provision for matters falling within the topical scope expressed in its long title to the exclusion of any other matter, and any provision therein dealing with such other matter shall be of no effect.

(6) In particular, Acts imposing taxation shall deal only with such imposition, and such imposition shall be done within one subject of taxation to the exclusion of all others.

(7) Every Act shall be divided into successive sections, numbered consecutively, and to every such section there shall be prefixed a title indicating a short summary of its contents:

Provided that, where new sections are to be inserted into an existing Act partway through a numbering sequence–

(a) and such sequence is based off digits, the new provisions shall be numbered with sequential capital letters following the appropriate number; and

(b) and such sequence is based off capital letters, the new provisions shall be numbered with sequential digits following the appropriate number.

(8) The Acts of each year shall be distinguished by consecutive numbers, commencing in each year with the number one:

Provided that separate numbering sequences shall be established for Public, Local, and Special Acts, and the numbers in those sequences shall be prefixed with the letters P, L, and S respectively.

107. Public, Local, and Special Acts.

(1) All Public Acts of Parliament of shall have uniform operation.

(2) Where a Public Act of Parliament becomes applicable to a certain subject, all Local and Special Acts relating thereto shall become invalid, and where that subject is to be dealt with on a case-by case basis it shall be so dealt with by means of regulations.

107. House of origin of Bills.

(1) Any Bill, other than a Money Bill, may originate in either House.

(2) A Money Bill may originate only in the House of Representatives.

108. Introduction, etc. of Bills within one House

(1) Subject to the provisions of this Constitution and of the rules of procedure of each House, a Bill shall be introduced, within one House, by—

(a) the General Staff;

(b) the President and the Vice-President;

(c) the Prime Minister, the Vice-Prime Minister and any Minister or Deputy Minister;

(d) any committee of the House concerned;

(e) any member of the House concerned;

(f) any party caucus in the House concerned;

(g) any State Legislature; and

(h) not less than 50,000 persons who are voters.

(2) A Bill which has been transmitted to a House of Parliament shall be submitted into that House without delay, and that House may reject the Bill or pass it with or without amendment.

(3) A Bill shall not be deemed to be passed by a given House unless it has been approved by that House in three readings:

Provided that a Bill introduced under paragraphs (e) to (h) inclusive of clause (1) must be approved in a preliminary reading.

(4) The three readings referred to in clause (2) shall be conducted as follows—

(a) in the first reading, the vote shall be taken on the Bill in its entirety after debate on its general principles;

(b) in the second reading, the debate shall be made on the Bill's detailed provisions, after which votes shall be taken, one by one, on each section to which amendments have been proposed; and

(c) in the third reading, a vote shall be taken, without debate, on the Bill in its entirety as approved in second reading.

(5) Where, by virtue of the proviso to clause (2), a preliminary reading is to be taken on a bill, paragraph (a) of clause (3) shall apply, mutatis mutandi, to such preliminary reading.

108. Transmission, etc. of Bills between the Houses

(1) Where a Bill which originated in one House of Parliament has been passed by such House, it shall be transmitted to the other House without delay, and the date of its transmission shall be recorded in the journal of the House from which it is transmitted.

(2) Where a Bill has been transmitted to a House of Parliament, it shall be submitted into that House without delay, and the House may reject the Bill, or pass it with or without amendment.

(3) Where a Bill which, having been transmitted to a House of Parliament in accordance with this Article, is passed by that House with amendments, it shall be returned to the House where it originated with the amendments duly certified by the Clerk of Parliament, and the House to which it is returned may reject, agree to or amend any of those amendments; and this clause shall apply, mutatis mutandi, to any such Bill so returned.

(4) A Bill shall be presented to the President for assent when it has been passed by both Houses and agreement has been reached between the two Houses on any amendments made in it.

109. Disagreement between the Houses over Money Bills

Where a Money Bill has been passed by the House of Representatives, and the Senate has rejected or has failed to pass such Money Bill within ninety days after it was introduced into the Senate, the Money Bill shall, notwithstanding clause (4) of Article 108, be presented to the President for assent.

110. Disagreement between the Houses over other Bills

(1) Where a Bill, other than a Money Bill, has been passed by the Senate and the House of Representatives, and the two Houses have not agreed on amendments to be made thereto within ninety days after its passage in the House to which it was transmitted, the President of the Senate shall, within fourteen days thereafter, arrange for and convene a meeting of a conference committee to examine the Bill with a view to resolving the differences between the two Houses.

(2) Where the conference committee fails to resolve such differences, then the Bill shall be presented to a Joint Sitting of Parliament, and if at such Joint Sitting, the Bill, with such amendments, if any, as are agreed to therein, is passed by a majority of the total number of members of both Houses present and voting, it shall, notwithstanding clause (4) of Article 108, be presented to the President for assent:

Provided that at such Joint Sitting, no amendment shall be proposed to the Bill, other than such amendments, if any, as are made necessary by the delay in the passage of the Bill, or are relevant to the matters with respect to which the House have not agreed, and the decision of the person presiding as to the amendments which are admissible under this clause shall be final.

111. Double Dissolution

(1) If after a Bill has been passed by one House of Parliament and transmitted to the other House, a trigger event occurs, and after the passage of three months from the date of the trigger event, the Bill is again passed by the first-mentioned House, in the same session or in the session immediately following, and following such second passage a trigger event again occurs, the President may dissolve both Houses of Parliament.

(2) The date of the ensuing special general elections to the House of Representatives shall be the determining date for the purposes of the ensuing special general elections to the Senate.

(3) If, after the first assembly of Parliament following a double dissolution under clause (1), a trigger event again occurs in respect of a Bill to which that clause applied, then the Bill shall be presented to a Joint Sitting of Parliament, and if at such Joint Sitting, the Bill, with such amendments, if any, as are agreed to therein, is passed by a majority of the total number of members of both Houses present and voting, it shall, notwithstanding clause (4) of Article 108, be presented to the President for assent:

Provided that at such Joint Sitting–

(a) unless the Bill, having been passed by one House of Parliament, has been passed by the other House with amendments and returned to the House in which it originated, no amendment shall be proposed to the Bill other than such amendments, if any, as are made necessary by the delay in the passage of the Bill; and

(b) if the Bill has been so passed and returned, only such amendments as aforesaid, and such other amendments as are relevant to the matters with respect to which the House have not agreed, shall be proposed to the Bill,

and the decision of the person presiding as to the amendments which are admissible under this clause shall be final.

(4) For the purposes of this Article–

"a trigger event" means any occurrence where the Bill is rejected by the other House, or the House have finally disagreed as to the amendments to be made in the Bill; and

in reckoning the period of three months, no account shall be taken of any time during which Parliament is not in session or during which both Houses are adjourned for more than four days.

112. Bills presented to the President for assent

(1) When a Bill is presented to the President for assent in accordance with the provisions of this Constitution he shall within 30 days signify to the President of the Senate that–

(a) he assents to the Bill;

(b) he vetoes the Bill; or

(c) he reserves the Bill for the ascertainment of the will of the people thereon by referendum.

(2) The President may, during the period set out in clause (1) and in lieu of a signification made thereunder, request the Constitutional Council to make a report under Article 126 on a Bill presented to him for assent:

Provided that this clause shall not apply to any Bill–

(a) in respect of which a request under Article 126(1) has been made; or

(b) to which the proviso to Article 126(1) applies.

(3) When the President assents to a Bill, the Bill shall become law.

(4) When the President vetoes a Bill that has been submitted to him in accordance with the provisions of this Constitution–

(a) he shall thereupon return the Bill to the House where it originated, with a message requesting that the Bill, or any specified provisions thereof, be reconsidered, and the relevant Chamber shall reconsider the Bill accordingly;

(b) if, after such reconsideration, the Bill is approved by the House where it originated, with or without amendments, by the votes of not less than two-thirds of the members present and voting, being a majority of the total membership of that House, the Bill shall then be transmitted to the other House together with the President's message, and the other House shall reconsider the Bill accordingly; and

(c) if, after such reconsideration, the Bill is passed by the other House, with or without further amendments, by the votes of not less than two-thirds of the members present and voting, being a majority of the total membership of that House, the Bill shall become law.

(5) The President may, in a Message under clause (4), propose any amendments to the Bill which he may consider necessary or desirabe, and if such proposal is approved, in each House of Parliament, by a majority of the total membership of that House, the said amendments shall be introduced to the Bill concerned, which shall then become law notwithstanding that the majorities under clause (4) are not met.

(6) When the President reserves a Bill that has been submitted to him in accordance with the provisions of this Constitution for the ascertainment of the will of the people thereon by referendum, such Bill shall be referred, within 18 months of such reservation, to a referendum, and if in that referendum the Bill has been approved by not less than one-half of all the valid votes cast nationwide, the Bill (including such amendments, if any, as are made necessary by the delay between its passage in Parliament and its referral to referendum) shall become law.

(7) If no action under clause (1) is taken regarding a Bill within the period of 30 days set out in that clause, the Bill concerned shall become law.

(8) When, by virtue of this Article, a Bill becomes law, it shall thereupon be promulgated in the Federal Gazette as law by the President of the Senate.

(9) Any Act may be disallowed by the Commander-in-Chief within twelve months from the day it became law, and where any Act is so disallowed the Commander-in-Chief shall forthwith make the disallowance known by public notification, and as from the date of the notification the Act shall become void.

107. Retroactive Legislation

Privileges and Immunities

115. Freedom of Speech and of Proceedings

116. Immunity from Proceedings for Acts in Parliament

117. Immunity from Service of Process and Arrest

118. Immunity from Witness Summons

119. Immunity from Service as Juror

120. Immunity for Publication of Proceedings

121. Privileges of Witnesses

Contempt of Parliament

122. General Contempt

123. Criminal Proceedings

The Parliamentary Service

124. The Parliamentary Service

125. Constitutional Council

(1) There shall be a Constitutional Council which shall consist of twelve members, namely—

(a) four members who shall be appointed by the Senate;

(b) four members who shall be appointed by the House of Representatives;

(c) four members who shall be appointed by the President.

(2) In making appointments under paragraphs (a) and (b) respectively, the procedure to be applied by the Senate and the House of Representative shall be that used for the selection of membership of a committee of Parliament.

(3) The Constitutional Council shall elect its Chairman from among its members for a term of one year.

(4) Each member of the Constitutional Council shall vacate his office at the expiration of twelve years from the date of his appointment:

Provided that–

(a) as soon as may be after the Council is first constituted or is reconstituted at any time, the members of the Council appointed under paragraphs (1)(a), (1)(b), and (1)(c) shall each be divided by lot into four classes, and the members in the first class shall vacate their offices at the expiration of three years from the date of their appointment, those in the second class at the expiration six years, and those in the third class at the expiration of nine years;

(b) a member who was appointed to replace a member who has died or ceased to be a member before the expiration of his term of office shall vacate his office at the expiration of the remainder of that term; and

(c) a member who was appointed to fill a vacancy that was left unfilled when the Council was first constituted or was re-constituted at any time shall vacate his office on the date on which he would have vacated it if he had been appointed at that constitution or re-constitution.

(5) The Constitutional Council shall not meet except by the authority of the Chairman thereof who shall summon the Council to meet whenever he considers it necessary so to do:

Provided that the Chairman shall summon a meeting of the Council–

(a) whenever he is requested so to do by not less than three other members of the Council; and

(b) whenever a request for a report under Article 126 is delivered to him.

(6) The Chairman shall, so far as is practicable, attend and preside at all meetings of the Constitutional Council, and, in the absence of the Chairman, such member of the Council as the other members may elect for that purpose shall preside.

(7) Save as otherwise provided in this Decree, any question proposed for decision in the Constitutional Council shall be determined by a majority of the votes of the members present and voting, and on any question proposed for decision in the Council, the person presiding shall have both an original vote and a casting vote.

(8) The Constitutional Council may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:

Provided that the quorum of the Constitutional Council shall be the majority of members thereof.

(9) Subject to the provisions of this Article, the Constitutional Council may regulate its own procedure.

126. Reference of specified matters to Constitutional Council

(1) Not less than seven members of either House of Parliament may, by notice in writing delivered to the Chairman of the Constitutional Council within three days after a Bill has been presented to the President for assent, request the Council to make a report on that Bill under this Article:

Provided that no such request may be made in respect of a Bill introduced under paragraphs (a) to (c) inclusive of Article 108(1), but the Council shall make a report on every such bill as soon as it is presented to the President for assent.

(2) Any person or authority which introduced a Bill to Parliament and any Committee of Parliament considering such Bill may, by notice in writing delivered to the Chairman of the Constitutional Council at any stage of that Bill's passage, request the Council to make a report on that Bill under this Article, where such person or authority considers it desirable for the passage of the Bill.

(3) Where the Constitutional Council receives a request under clause (1) or (2), it shall, within the prescribed period, submit a report to the prescribed authority stating—

(a) whether or not in the opinion of the Council any, and if so which, provisions of the bill would, if enacted, be inconsistent with this Constitution or with the principles of equality before the law, legal certainty or proper legal protection;

(b) the opinion of the Council as to the substance of each provision of the bill, and whether the measures prescribed by each such provision allow the attainment of the provision's substance in the least onerous method possible and are reasonable when regarding the competing interests of different groups at hand;

(c) whether or not in the opinion of the Council the bill can be integrated easily into the existing legal system;

(d) the opinion of the Council as to the budgetary impact of the bill; and

(e) the grounds upon which the Council has reached its conclusions under paragraphs (a) to (d) inclusive,

and for the purposes of this Clause, the opinion of the majority of the members of the Constitutional Council shall be deemed be the opinion of the Council, but there shall be disclosed in the Council's report every other opinion, whether assenting or dissenting, pronounced by its members:

Provided that if the Council considers that the request for a report on a bill is merely frivolous or vexatious, it may so report to the prescribed authority without entering further upon the questions listed in this clause.

(4) No action (including, without prejudice to the generality of that expression, action under Article 112) may be taken, during the prescribed period, on a Bill in relation to which a report is made under this Article.

(5) For the avoidance of doubts arising under clause (4), it is hereby declared that, for the purposes of Article 112, a Bill in relation to which a report is made under clause (1) shall, notwithstanding its presentation to the President for assent, be deemed to be so presented only at the end of the prescribed period.

(6) In this article–

"prescribed authority" means–

(a) in relation to a request under clause (1), the President and the Presiding Officers of both Houses; and

(b) in relation to a request under clause (2), the person or authority making such request; and

"prescribed period" means the period commencing at the date on which a report under this Article is requested and ending thirty days thereafter, or, if the Constitutional Council considers that owing to the length or complexity of a Bill thirty days is insufficient for its consideration of the Bill, ending on such later day as the Council may determine.

THE FEDERAL JUDICIARY

PART V The States

64. Subject to the provisions of Article 27, a Governor shall be entitled to precedence— (a) in his own State, above all other persons; and (b) in another State, next after the Governor of that State, as the case may be: Provided that if there are in a State two or more Governors, other than the Governor of that State, they shall take precedence among themselves in accordance with the dates on which they assumed office as Governors.

65. If Parliament is satisfied that in any State any provision of this Constitution or of the Constitution of that State is being habitually dis regarded, Parliament may, notwithstanding anything in this Constitution or the Constitution of that State, make such provision as it may consider necessary for the restoration of constitutional government in that State: Provided that, if the State Legislature is dissolved, any such provision shall cease to operate on the day on which the Legislative Assembly of the State first meets after such dissolution.

(1) If the Federal Government is satisfied that the Constitution of any State does not include the essential provisions, or includes provisions which are in- consistent with the provisions of this Constitution or with the essential provisions, the President shall by order declare that the Constitution of that State has not been adapted to the provisions of this Constitution; and thereupon, notwithstanding anything in this Constitution— (i) Parliament shall have power to make laws for that State in respect of any of the matters within the legislative authority of the Legislature of that State; (ii) the executive authority of the Federation shall extend to all the matters enumerated in the State matters List; (iii) Any vacancy in the membership of the Senate from that State shall be filled by presidential appointment; and (iv) if the order is in operation on or after the second appointed day, Articles 103 and 104 shall not apply to that State, but Parliament may make such financial provision for the business of the State as it may consider expedient. (2) An order shall not be made under clause (1) in respect of any a m e n d m e n t m a d e t o t h e C o n s t i t u t i o n o f a S t a t e if, b e f o r e s u c h a m e n d m e n t c o m e s i n t o o p e r a t i o n , it h a s b e e n a p p r o v e d b y a r e s o l u t i o n i n e a c h House of Parliament supported by the votes of not less than two-thirds of the members present and voting. (3) An order made in accordance with the provisions of clause (1) shall be revoked when the Federal Government is satisfied that the Constitution of the State has been so amended that the defects referred to in clause (1) have been removed. (4) In this Article "the essential provisions" means the provisions in P a r t I o f t h e F i f t h S c h e d u l e , o r p r o v i s i o n s s u b s t a n t i a l l y t o t h e s a m e effect : Provided that any provision in Part II of the Fifth Schedule may be an essential provision in place of the corresponding provision of Part I of that Schedule if the Legislature of that State so provides.

AMENDMENT OF THE CONSTITUTION

159. Amendment of the Constitution.

(1) Subject to the provisions of Section 11 of the First Schedule, Parliament may, in exercise of its constituent power, amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this Article.

(2) For the avoidance of doubt, it is hereby declared that–

(a) there shall be no limitation whatever on the said constituent power;

(b) an amendment of this Constitution may only be declared unconstitutional if the grounds for such declaration are that the procedure laid down in this Article was not followed in the making of that amendment.

(3) An amendment of this Constitution–

(a) may be initiated only by the introduction of a joint resolution for the purpose in either House of Parliament; and

(b) shall not be passed in either House of Parliament unless it has been supported, on final approval, by the votes of a majority of all the members of that House.

(4) An amendment of this Constitution shall become effective if–

(a) it has been supported in each House of Parliament, on final approval, by the votes of two-thirds of all the members of that House; or

(b) it has been referred, within 18 months of its passage in Parliament, to a referendum, and in that referendum it has been approved by–

(i) not less than one-half of all the valid votes cast nationwide;

(ii) not less than one-half of all the valid votes cast separately in at least fifty per cent of the states; and

(iii) a number of votes which is not less than forty percent of the number of qualified voters at the date of the referendum.

(5) This Constitution shall stand amended in accordance with the terms of an amendment thereof upon the said amendment becoming effective.

FIRST SCHEDULE. Provisions regarding the Transitional Period

1. Entry into force of this Schedule and publication

(1) This Schedule shall enter into force on the enactment of this Constitution by the Constituent Assembly, notwithstanding that a proclamation under section 4 for the coming into operation of this Constitution has not yet been issued.

(2) Upon being enacted by the Constituent Assembly, this Constitution shall be immediately published in the Federal Gazette.

2. Interpretation.

In this Schedule–

"appointed day" means the day on which a proclamation under section 4 for the coming into operation of this Constitution is issued;

"the Constituent Assembly" means the Constituent Assembly constituted under the Constituent Assembly Ordinance which was elected on the 6th day of June, 1984;

"the existing Constitution" means the Constitution of the Commonwealth of New Granada, 1960, as in force immediately before the appointed day;

"the Constitutional Decree" means the Constitution of Military Government Decree as in force immediately before the appointed day;

"the Constituent Assembly Ordinance" means the Constitution (Establishment of Constituent Assembly) Ordinance, 1983, as in force immediately before the appointed day;

"existing laws" means all laws which had effect as part of the law of New Granada (whether made by the authorities of, or falling within the legislative powers of, the Federation or of the States) immediately before the appointed day and includes any Act or other written law made before that day and coming into force on or after that day; and

"service commissions" means the Public Service Commission, in existence immediately before the appointed day.

3. Constitutional Instruments (including the existing Constitution) repealed.

Subject to the provisions of this Schedule, on the appointed day all the provisions of the existing Constitution, the Constitutional Decree, and the Constituent Assembly Ordinance are repealed and thereupon this Constitution shall have effect as the supreme law of New Granada in place of the existing Constitution.

4. Referendum and appointed day.

(1) Upon giving its assent to this Constitution, the Supreme Military Council shall by proclamation fix a day, being a day not later than June 8, 1988, for the holding of a referendum on this Constitution.

(2) Upon receiving the result of such referendum, and if these results are in the affirmative of the Constitution being approved, the Chairman of the Supreme Military Council shall by proclamation declare the coming into operation of this Constitution.

5. Exercise of powers of Parliament before appointed day.

At any time after the enactment of this Constitution by the Constituent Assembly, the Constituent Assembly may for the purpose of enabling this Constitution to function on and after the appointed day exercise any of the powers conferred on the Parliament established by this Constitution.

6. Exercise of power of President before appointed day.

The power conferred by section 7(2) to make orders may be exercised by the Chairman of the Supreme Military Council under the Constitutional Decree at any time after the enactment of this Constitution to such extent as may, in his opinion, be necessary or expedient to enable this Constitution to function on and after the appointed day.

7. Existing laws.

(1) Subject to the provisions of this Schedule, the existing laws shall continue in force on and after the appointed day as if they had been made in pursuance of this Constitution but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Constitution.

(2) The President may by order made at any time within the period of three years next after the appointed day make such modifications to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of this Constitution or otherwise for giving effect or enabling effect to be given to those provisions.

(3) Anything done under any existing law before its modification by or under this section which would, but for this subsection, cease by virtue of that modification to have effect, shall continue to have effect as if done under that law as so modified.

(4) Where any matter that falls to be prescribed or otherwise provided for under this Constitution by Parliament or by any other authority or person is prescribed or provided for by or under any existing law (including any amendment to any such law made under this section) or is otherwise prescribed or provided for immediately before the appointed day by or under the laws repealed by section 3, that prescription or provision shall, on and after that day, have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this Constitution) as if it had been made under this Constitution by Parliament or, as the case may require, by the other authority or person.

(5) All enactments passed or made by Parliament or any person or authority under or by virtue of the existing Constitution, the Constitutional Decree, and the Constituent Assembly Ordinance and not before the appointed day declared by a competent court to be void by reason of any inconsistency with any provision of the existing Constitution and that are not repealed, lapsed or spent or that had not otherwise had their effect, shall be deemed to have been validly passed or made and to have had full force and effect as part of the law of New Granada immediately before the appointed day even if any such enactments were inconsistent with any provision of the existing Constitution.

(6) The provisions of this section shall be without prejudice to any powers conferred by any law upon any person or authority to make provision for any matter, Including the making of modifications to any existing law.

8. House of Representatives.

(1) Notwithstanding any difference between the composition of the Constituent Assembly and that of the House of Representatives established by this Constitution, with effect from the appointed day and until the House of Representatives sits for the first time after the first election thereto held pursuant to the provisions of this Constitution, but subject to subsection (5), the Constituent Assembly shall be deemed to be the House of Representatives established by this Constitution (referred to in this section and in section 11 in respect of that period as "the Provisional House of Representatives").

(2) Without prejudice to the generality of subsection (1)—

(a) the persons who immediately before the appointed day were members of the Constituent Assembly shall with effect from that day be members of the Provisional House of Representatives, and all questions concerning membership and functioning of the Provisional House of Representatives shall be regulated as nearly as may be practicable by the existing law applicable in the like case to the Constituent Assembly; and

(b) The persons who immediately before the appointed day held office as Presiding Officer, as Deputy Presiding Officers, and as Chairpersons or Members of the Committees of the Constituent Assembly shall, on and after that day, hold the offices of Speaker, of Deputy Speakers, and of Chairpersons or Members of the Committees of the House of Representatives as if they had been appointed or elected thereto, as the case may be, in accordance with the provisions of this Constitution.

(3) All matters pending before the Constituent Assembly immediately before the appointed day may be continued and completed by the Provisional House of Representatives.

(4) Any person who is a member of the Provisional House of Representatives shall be deemed to have made and subscribed before the Assembly the oath referred to in article x of this Constitution.

(5) The Provisional House of Representatives may not be subject to any dissolution.

(6) The first elections to the House of Representatives established by this Constitution shall be held on June 6, 1990.

9. Senate.

(1) For the purpose of the first elections to the Senate established by this Constitution, the determining date shall be the date of the first Presidential elections held under this Constitution.

(2) If, in the first elections to the Senate established by this Constitution—

(a) the said determining date is June 3, 1987, the provisions applicable to a first meeting of the Senate after a double dissolution shall apply to the first meeting of the Senate thus elected; and

(b) the said determining date is not June 3, 1987, the determining date for the next following elections to the Senate shall be June 2, 1993, and the provisions applicable to a first meeting of the Senate after a double dissolution shall apply to the first meeting of the Senate elected in the second elections to the Senate established by this Constitution (that is to say, the Senate shall be renewed fully in the 1993 elections).

(3) Until the first assembly of the Senate, Parliament shall be complete and capable of functioning notwithstanding that there is no Senate.

10. Standing Orders.

The rules and orders of the Constituent Assembly as in force immediately before the appointed day shall, until it is otherwise provided for under article x and article y of this Constitution, as the case may be, be the rules of procedure of the House of Representatives and of the Senate established under this Constitution, but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Constitution.

11. Original Constituent Power

(1) Whereas, by virtue of enacting this Constitution, the Constituent Assembly enjoys the original constituent power, the provisions of this Section shall have effect for the purpose of defining and affording protection to that power.

(2) Until the House of Representatives sits for the first time after the first election thereto held pursuant to the provisions of this Constitution–

(a) Clauses (2) and (5) Article 159 of this Constitution shall apply mutatis mutandi;

(b) The remaining provisions of Article 159 of this Constitution shall not apply; and

(c) the Provisional House of Representatives may, in exercise of its original constituent power, amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in subsection (3).

(3) An amendment of this Constitution under this Section–

(a) may be initiated only by the introduction of a resolution for the purpose in the Provisional House of Representatives; and

(b) shall become effective it has been supported, on final approval, by the votes of a majority of all the members of that House.

12. President and Prime Minister.

(1) The person who immediately before the appointed day holds the office of Chairman of the Council of Ministers under the Constitutional Decree shall assume office as President on that day as if be had been elected thereto in pursuance of the provisions of this Constitution and shall, unless he sooner dies or resigns or unless he ceases to hold office, continue in office until the person elected President in the first Presidential elections held under this Constitution assumes office (referred to in this section and in section 13 in respect of that period as "the Provisional President").

(2) The person who then holds (or who immediately before the person elected President in the first Presidential elections held under this Constitution assumes office has held, as the case may be) the office of Provisional President under this Schedule shall simultaneously hold office as Prime Minister as if be had been appointed thereto in pursuance of the provisions of this Constitution and shall continue in office until the person elected President in the first Presidential elections held under this Constitution appoints a new Prime Minister.

(3) If the office of President falls vacant for whatever reason before the first Presidential election under this Constitution is held—

(a) Until a President assumes office in accordance with this section the functions of the office of President shall be performed by such person as may, for the time being, would have presided over the Supreme Military Council in the absence of the Chairman thereof; and

(b) a successor shall be appointed by an unanimous resolution of the Supreme Military Council, and shall continue in office until the person elected President in the first Presidential elections held under this Constitution assumes office, and any such successor shall be deemed to be the Provisional President.

(4) The first Presidential elections held under this Constitution shall—

(a) if the appointed day is not later than March 5, 1987, be held on June 3, 1987;

(b) if the appointed day is later than 5, 1987, but not later than March 10, 1988, be held on June 8, 1988; and

(c) if the appointed day is later than March 10, 1988, be held on June 7, 1989,

and the next following ordinary Presidential elections shall be held on June 2, 1993.

13. Vice-President and Deputy Presidents

(1) The person who immediately before the appointed day holds the office of First Vice-Chairman of the Supreme Military Council under the Constitutional Decree shall, subject to the provisions of article 97 of this Constitution (relating to the taking of an oath by the Vice-President), assume office as Vice-President on that day as if be had been elected thereto in pursuance of the provisions of this Constitution and shall, unless he sooner dies or resigns or unless he ceases to hold office, continue in office as long as the Provisional President continues in office, but no further.

(2) Any person who immediately before the appointed day holds the office of member of the Supreme Military Council (other than the Chairman and the First Vice-Chairman thereof) under the Constitutional Decree shall assume office as a Deputy President on that day as if be had been appointed thereto in pursuance of the provisions of this Constitution and shall, unless he sooner dies or resigns or unless he ceases to hold office, continue in office as long as the Provisional President continues in office, but no further.

14. Supreme Military Council.

(1) The Supreme Military Council in existence immediately before the appointed day shall on and after that day—

(a) be the General Staff for the purposes of this Constitution as if it were established as such thereunder; and

(b) be the Cabinet for the purposes of this Constitution until the President appoints a new Cabinet.

(2) The Chairman and the First Vice-Chairman of the Supreme Military Council shall, on and after the appointed day, hold the offices of Commander-in-Chief and of First Vice-Chairman of the General Staff respectively as if they had been appointed thereto under this Constitution.

(3) Any member of the Supreme Military Council (other than the Chairman and the First Vice-Chairman thereof) who, immediately before the appointed day, represented in the Council any branch of the Armed Forces under the Constitutional Decree shall, on and after that day, hold the office of head of that branch of the Armed Forces as if he had been appointed thereto under this Constitution.

(4) Any member of the Supreme Military Council who, immediately before the appointed day, was assigned responsibility under the Constitutional Decree for any business of the Government of New Granada, including the administration of any department of the Federal Government, shall, on and after that day, be deemed to have been assigned responsibility therefor under article x of this Constitution.

15. Supreme Court.

(1) The Supreme Court in existence immediately before the appointed day shall on and after that day be the Supreme Court for the purposes of this Constitution as if it were established thereunder.

(2) Any decision given before the appointed day by the Supreme Court in existence immediately before that day shall, for the purpose of its enforcement or for the purpose of any appeal therefrom, have effect on and after that day as if it were a decision of the Supreme Court established by this Constitution.

16. Existing officers.

(1) Subject to the provisions of this Act, every person who immediately before the appointed day holds or is acting in a public office shall, on and after that day, hold or act in that office or the corresponding office established by this Constitution, as the case may be, as if he had been appointed to do so in accordance with the provisions of this Constitution:

Provided that any person who, under the laws repealed by section 3 or any other existing law, would have been required to vacate his office at the expiration of any period shall vacate his office at the expiration of that period.

(2) Subsection (1) shall apply in relation to the offices of Justice of the Supreme Court, Attorney-General, Comptroller and Auditor-General, Secretary to the Supreme Military Council and Clerk and Deputy Clerk of the Constituent Assembly as if those offices were public offices.

17. Oaths.

Any person who holds or acts in any office on the appointed day by virtue of the provisions of sections 8, 9, and 11 to 15 inclusive, shall be deemed to have taken any necessary oath under this Constitution or any other law.

18. Commissions.

(1) Until the expiration of the period of three months next after the first Presidential elections held under this Constitution, the service commissions, the Judicial Commission, the Elections Commission, the Political Parties Registration Commission, and the Human Rights Commission as constituted immediately before the appointed day shall on and after that day be deemed to be the corresponding commissions under this Constitution notwithstanding any difference in composition under the existing law and under this Constitution, and any appointments to vacancies in membership and other matters relating thereto shall be made and regulated as nearly as may be practicable in accordance with the existing law.

(2) Any power of a service commission, the Judicial Commission, the Elections Commission, the Political Parties Registration Commission, or the Human Rights Commission which immediately before the appointed day is validly delegated to any person or authority shall, to the extent that that power could be delegated under this Constitution to such person or authority, be deemed, on and after that day, to have been delegated to that person or authority in accordance with the provisions of this Constitution.

19. Continuation of proceedings.

Where any proceedings are pending immediately before the appointed day before any court, body or authority in respect of which a corresponding court, body or authority is established by or under this Constitution, those proceedings may on and after that day be continued and completed by or before such corresponding court, body or authority as if they had been commenced in or before such corresponding court, body or authority:

Provided that in the case of any proceedings before any court, tribunal or the Comptroller and Auditor-General (including any disciplinary proceedings) where the hearing was partly completed immediately before the appointed day (in this section referred to as "the original hearing"), no person shall take part in the continued hearing, either as the sole or other member, as the case may be, of the corresponding court, body or authority established by or under this Constitution unless he has also taken part in the original hearing, and where the original hearing cannot be so continued the hearing shall be recommenced.

20. States and Local governments.

(1) Any State of the Commonwealth in existence immediately before the appointed day shall be deemed to be a State for the purposes of the Constitution as if it were constituted thereunder.

(2) Any local government authority in existence immediately before the appointed day shall be deemed to be a local government authority for the purposes of the Constitution as if it were constituted thereunder.

xTH SCHEDULE. Forms of Oaths or Affirmations

1. Form of oath or affirmation to be taken or made by the Commander-in-Chief:

"I, ____________, having been appointed to [or appointed to discharge the functions of] this high office of Commander-in-Chief of the New Granadan National Defense Forces, do solemnly swear [or affirm] that I will be faithful and bear true allegiance to the Commonwealth of New Granada;

that I will protect, preserve, and defend the Constitution of the Commonwealth as by law established;

that I will bravely defend the Commonwealth and the liberty of its People against all enemies, foreign and domestic;

that, in exercising my special political responsibilities as set out in the Constitution of the Commonwealth, I will well and truly devote myself to the service and welfare of the People of the Commonwealth;

and that I will faithfully discharge the duty upon which I am about to enter."

2. Form of oath or affirmation to be taken or made by the President and Vice-President of the Commonwealth:

"I, ____________, having been elected [or nominated or appointed] to [or to discharge the functions of] this high office of President [or Vice-President] of the Commonwealth, do solemnly swear [or affirm] that I will be faithful and bear true allegiance to the Commonwealth of New Granada;

that I will protect, preserve, and defend the Constitution of the Commonwealth as by law established;

that in all circumstances, I will do justice to every person, without fear or favor, affection or ill-will;

that I will well and truly devote myself to the service and welfare of the People of the Commonwealth;

and that I will faithfully and with full accountability to the People of the Commonwealth perform the duties of my office to the best of my ability, knowledge and judgment."

3. Form of oath or affirmation to be taken or made by the Prime Minister, Ministers and Assistant Ministers:

"I, ____________, having been appointed as Prime Minister [or Minister or Assistant Minister] of the Commonwealth, do solemnly swear [or affirm] that I will be faithful and bear true allegiance to the Commonwealth of New Granada;

that I will protect, preserve, and defend the Constitution of the Commonwealth as by law established;

that in all circumstances, I will do justice to every person, without fear or favor, affection or ill-will;

that I will well and truly devote myself to the service and welfare of the People of the Commonwealth;

that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Prime Minister [or Minister or Assistant Minister] except as may be required for the due discharge of my duties as such;

and that I will faithfully and with full accountability to the President and Parliament of the Commonwealth perform the duties of my office to the best of my ability, knowledge and judgment."

3. Form of oath or affirmation to be taken or made by a member of Parliament:

"I, A.B., having been elected [or nominated or appointed] as a member of this Senate [or House of Representatives], do solemnly swear [or affirm] that I will be faithful and bear true allegiance to the Commonwealth of New Granada;

that I will protect, preserve, and defend the Constitution of the Commonwealth as by law established;

and that I will faithfully and with accountability to the People of the Commonwealth and the State of ____________ [or the National Capital Territory] discharge the duty upon which I am about to enter."

4. Form of judicial oath or affirmation:

" I, A.B., having been appointed as a judge, do solemnly swear [or affirm] that I will be faithful and bear true allegiance to the Commonwealth of New Granada;

that I will protect, preserve, and defend the Constitution of the Commonwealth as by law established;

that I will in all judgements administer justice fairly and lawfully, without fear or favor, affection or ill-will, or perversions of the law;

and that I will faithfully perform the duties of my office to the best of my ability, knowledge and judgment."

SEVENTH SCHEDULE. Powers of the Commonwealth and the States

Eschatocol

The foregoing proposed Constitution of the Commonwealth of New Granada was approved, on the 11th day of December, 1986, by the Constituent Assembly elected on the 6th day of June, 1984, and has received the assent of the Supreme Military Council on the 11th day of December, 1986.

	407	In favor		568	Voted
	104	Against		32	Absent
	57	Abstain		360	Votes needed

In witness whereof we have hereunto subscribed our names.

signed:
Grand Marshal of the Republic Yehoash VASILIAN President of the Commonwealth, Chairman of the Supreme Military Council			Eliza GINSBURG Presiding Officer of the Constituent Assembly
countersigned:
On behalf of G.Mar.Rep. Vasilian: Marshal of the Republic Jean-François CRESSON 1st Vice-Chairman of the Supreme Military Council Admiral George BÖHME 2nd Vice-Chairman of the Supreme Military Council General Valentín BENDJEDID Admiral Sean BUCKLEY Air Chief Marshal Tony PAPPALARDO General NGUYEN Binh Hien General Louis CALLAGHAN General Andrew HAMILTON Members of the Supreme Military Council Matthew CAMERON Secretary of the Supreme Military Council		On behalf of Mrs. Ginsburg: Alexander LEI Sai Soeng Nicola GONÇLAVES Neil Ferenc GÁBOR José Adolfo DE RIVERA y Peña Moira SIEGLER Martha McLEISH Deputy Presiding Officers of the Constituent Assembly Nikki BROWN Chairwoman of the Committee of Detail Stephen NORRIS Vice-Chairman of the Committee of Detail Andrew SIERPINSKY Secretary of the Constituent Assembly

Notice of Ratification

Whereas, on the 6th day of June, 1984, a Constituent Assembly has been elected in accordance with the Provisions of Section 1 to SMC Ordinance №1983-O-22;

And whereas, in accordance with the Provisions of Section 9 to that ordinance, a new Constitution for the Commonwealth–

has been passed by the Constituent Assembly on the 11th day of December, 1986;

has been approved by the Supreme Military Council of National Salvation on the 11th day of December, 1986; and

has been presented to a national referendum on the 18th day of March, 1987;

In accordance with the Provisions of Section 4 to the Armed Forces Council Decree №1, I, G.Mar.Rep. Yehoash VASILIAN, Chairman of the Supreme Military Council of National Salvation, Head of State, Commander-in-Chief of the Armed Forces, HEREBY PROCLAIM AS FOLLOWS:

The results of the Constitutional Referendum of March 18, 1987 are:

	41,554,909	Voted Yes
	7,302,932	Voted No

As indicated by those results, the Constitution is declared to be supported by the referendum and will therefore enter into force effective immediately.

signed

Grand Marshal of the Republic Yehoash VASILIAN

CHAIRMAN, Supreme Military Council

countersigned

Marshal of the Republic Jean-François CRESSON

1st VICE-CHAIRMAN, Supreme Military Council

General NGUYEN Binh Hien

2nd VICE-CHAIRMAN, Supreme Military Council; Chief of Marine Staff

Matthew CAMERON

SECRETARY, Supreme Military Council; Head of the Commonwealth Civil Service

AMENDMENTS

Amend. 1.

Resolved by the Parliament of New Granada, that the Constitution is hereby amended:

1. by the alteration of Article 122 as follows:

122. Commander-in-Chief, political responsibilities

The Commander-in-Chief shall have the following special political responsibilities, that is to say—

(a) the prevention of any grave menace to the peace or tranquility of the Commonwealth or any part thereof;

(b) the safeguarding of the principles of the Revolution of October 20, 1981;

(c) the safeguarding of the legitimate interests of minorities; and

(d) the securing to, and to the dependents of, persons who are or have been members of the public services of any rights provided or preserved for them by or under this Constitution and the safeguarding of their legitimate interests. [interests; and]

[(e) the securing that the due discharge of these special political responsibilities is not prejudiced or impeded by civilian authorities.]

2. by the repeal, in Article 123, of clause (5).

3. by the alteration, in Article 125, of clause (1) as follows:

(1) If the Commander-in-Chief is satisfied that a situation has arisen in which the Executive Government of the Commonwealth is breaching this Constitution, or is not complying with an order of a court, or is persisting in other unlawful behavior [or in behavior which prejudices or impedes his special political responsibilities], he shall cause a written report on the facts of these grounds, together with such other information which in his opinion relates to the facts of these grounds as he may require, to be considered at a meeting of the General Staff; and after obtaining the consent of the General Staff he shall remove the President from office.

4. by the alteration, in Article 126, of clause (1) as follows:

(1) If at any time the Commander-in-Chief is satisfied that a situation has arisen [or is imminent] in which the government of the Commonwealth cannot be carried on in accordance with the provisions of this Constitution, [or in which his special political responsibilities are prejudiced or impeded,] he shall cause a written report on the facts of these grounds, together with such other information which in his opinion relates to the facts of these grounds as he may require, to be considered at a meeting of the General Staff; and after obtaining the consent of the General Staff he may, by Proclamation, assume to—

(a) himself;

(b) the General Staff; or

(c) such commission as he may appoint,

all or any of the powers vested in or exercisable by any Federal body or authority, [body or authority (whether Federal or State), or require that these powers be exercised with their consent or subject to their disallowance,] and any such Proclamation may contain such incidental and consequential provisions as may appear to him to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for [modifying or] suspending in whole or in part the operation of any provisions of this Constitution relating to any Federal body or authority:

Provided that nothing in this clause shall authorize the Commander-in-Chief:

(a) [neither] to assume (whether to himself, to the General Staff, or to a commission) any of the powers vested in or exercisable by the Judiciary or [to require that these powers be exercised only with their consent or subject to their disallowance, nor] to [modify or] suspend, either in whole or in part, the operation of any provision of this Constitution relating to the Judiciary;

(b) [neither] to assume to himself or to a commission any of the powers vested in or exercisable by Parliament or [to require that these powers be exercised only with their consent or subject to their disallowance, nor] to [modify or] suspend, either in whole or in part, the operation of any provision of this Constitution relating to the amendment of this constitution (insofar as it does not concern a requirement for extra-parliamentary ratification or approval), or to the organization and procedure of Parliament; or

(c) to assume to the General Staff the constituent power of Parliament or any of the powers vested in or exercisable by Parliament under clause (3). [(3), or to require that these powers be exercised only with its consent or subject to its disallowance.]

The foregoing joint resolution was approved, on the 5th day of July, 1987, by the Provisional House of Representatives.

	302	In favor		433	Voted
	128	Against		167	Absent
	3	Abstain		301	Votes needed

In witness whereof we have hereunto subscribed our names.

signed:
Grand Marshal of the Republic Yehoash VASILIAN President of the Commonwealth		Eliza GINSBURG Speaker of the Provisional House of Representatives

Amend. 2.

Resolved by the Parliament of New Granada, that the Constitution is hereby amended:

1. by the substitution, in Article 159, of the following clause for clause (1):

(1) Subject to Section 11 of the First Schedule, any provision of this Constitution may be amended by way of addition, variation or repeal, in exercise of the constituent power and in accordance with the procedures laid down in the provisions of this Part.

2. by the substitution, in Article 159, of the following clause for clause (3):

(3) An amendment of this Constitution may be initiated and passed by one of the following methods, that is to say–

(a) by means of Parliamentary action as provided by Article 159A; or

(b) by means of a constitutional convention as provided by Article 159B.

3. by the substitution, in Article 159, of the following clause for clause (4):

(4) An amendment of this Constitution shall become effective (whatever the method used to pass it) if it has been ratified by one of the following methods, as may be prescribed by the joint resolution, or the convention measure, as the case may be, providing for such amendment, that is to say–

(a) by the Legislatures of the States as provided by Article 159C; or

(b) by ratifying conventions as provided by Article 159D.

4. by the addition, after Article 159, of the following Articles:

159A. Amendment by Parliamentary Action

An amendment of this Constitution made by parliamentary action under Article 159(3)(a)–

(a) may be initiated only by the introduction of a joint resolution for the purpose in either House of Parliament; and

(b) shall not be passed in either House of Parliament unless it has been supported, on final approval, by the votes of two-thirds of all the members of that House.

159B. Amendment by Constitutional Convention

(1) A constitutional convention shall be summoned under this Article if the Legislatures of not less than two-thirds of the States pass resolutions requesting such a convention:

Provided that this clause shall not apply unless–

(a) the combined population of all the States concerned, as ascertained by the most recent federal census, amounts to not less than half the combined population of all states as ascertained by such census; and

(b) the latest such resolution is passed within two years of the day on which the first such resolution has been passed.

(2) A resolution under clause (1) shall be passed in each House of the Legislature of a State, on final approval, by the votes of one-half of all the members of that House.

(3) An election of delegates to such convention shall take place not later than ninety days after that convention is summoned under this Article.

(4) The following provisions shall apply to an election of a constitutional convention—

(a) Each state shall be entitled, in the constitutional convention, to a number of seats which equals to the the total number of Senators and Representatives elected by that state;

(b) At an election of delegates to the constitutional convention, the members of the State Legislature of a given state shall be entitled to vote; and

(c) The poll shall be taken by a secret ballot at such time and in such manner as may be prescribed by or under an Act of Parliament, and the provisions of Article 30 of this Constitution shall, mutatis mutandi, apply.

(5) The following provisions shall apply to the proceedings in the constitutional convention—

(a) the convention shall meet on the twenty-first day following its election, unless sooner summoned by the President, and in such first meeting it shall, to the exclusion of any other business, proceed to elect without debate one of its members as Chairman;

(b) subsequently to its first meeting under paragraph (a), the convention shall not meet except by the authority of the Chairman thereof who shall summon the convention to meet whenever he considers it necessary so to do;

(c) the Chairman shall, so far as is practicable, attend and preside at all meetings of the convention, and, in the absence of the Chairman, there shall preside such delegate as the Convention may elect for that purpose, or, pending the election of such delegate, the oldest delegate to the convention;

(d) every Member of the ratifying convention shall be entitled to vote, and save as otherwise provided in this Article, any question proposed for decision in the convention shall be determined by a majority of the votes of the delegates present and voting; and

(e) the votes in the convention shall be taken in such manner as may comply with the following rules, that is to say—

(i) votes may be cast in favor of the question proposed for decision ("aye") or against it ("no");

(ii) except in the case of a casting vote, votes may also be cast so as to express a neutral opinion ("abstain"); and

(iii) the votes shall be taken so as to ensure the total numbers of "aye", "no" and "abstain" votes cast to be disclosed, unless by the convention's rules of procedure votes are explicitly required to be made by roll-call vote, or by secret ballot;

(f) on any question proposed for decision in the convention, the person presiding shall have both an original vote and a casting vote;

(g) the convention may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:

Provided that the quorum of the convention shall be the majority of members thereof; and

(h) Subject to the provisions of this Article, the convention may regulate its own procedure.

(6) An amendment of this Constitution made by a constitutional convention under Article 159(3)(b)–

(a) may be initiated only by the introduction of a measure for the purpose in the convention; and

(b) shall not be passed in the convention unless it has been supported, on final approval, by the votes of a majority of all the delegates to the convention.

(7) A constitutional convention–

(a) may, by a resolution supported by the votes of two-thirds of all delegates thereto, dissolve itself; and

(b) shall, unless sooner dissolved, continue for one year from the date of its first meeting and shall then stand dissolved:

Provided that, where nine months have lapsed from the date of the convention's first meeting, the votes of a majority of all the delegates to the constitutional convention shall be suffecient for the convention to dissolve itself.

159C. Ratification by State Legislatures

(1) An amendment of this Constitution shall be deemed ratified under Article 159(4)(a) if, within seven years of its passage, the Legislatures of not less than three-fourths of the States pass resolutions expressing their approval of such amendment.

(2) A resolution under clause (1) shall be passed in each House of the Legislature of a State, on final approval, by the votes of one-half of all the members of that House.

159D. Ratification by Convention

(1) An amendment of this Constitution shall be deemed ratified under Article 159(4)(b), if conventions in not less than three-fourths of the States, duly elected in accordance with this Article, pass resolutions expressing their approval of such amendment.

(2) A resolution under clause (1) shall be passed in each convention, on final approval, by the votes of one-half of all the members thereof.

(3) The ratifying convention in a given State shall be elected on such day as may be determined by the Federal Electoral Commission:

Provided that–

(a) the earliest day so appointed shall fall within one year of the passage of the amendment concerned in Parliament; and

(b) the latest day so appointed shall fall within two years of the earliest day so appointed.

(4) For the avoidance of doubt, it is hereby declared that the ratifying conventions need not be elected on the same day across the Commonwealth, but nothing in this clause shall be construed as preventing two or more ratifying conventions from being elected on the same day.

(5) In each state, the number of delegates of the ratifying convention shall be thrice as may as the State concerned has points under Article 22, of which–

(a) two-thirds shall be elected on a statewide basis; and

(b) the remaining third shall be elected on a constituency basis,

and the constituencies used for this purpose shall be those established under Article 95.

(6) The poll for election of delegates to the ratifying conventions shall be taken by a secret ballot at such time and in such manner as may be prescribed by or under an Act of Parliament, and the provisions of Article 95 shall, mutatis mutandi, apply.

(7) For the purpose of electing delegates to the ratifying conventions, there shall be established for each State a Nomination Committee, which shall consist of the following members, namely—

(a) the supreme executive authority of the State, who shall be Chairman;

(b) the Presiding Officer and all Deputy Presiding Officers of the State Legislature concerned, if that State Legislature consists of one House; and

(c) the Presiding Officers of each House of the State Legislature concerned, if that State Legislature consists of multiple Houses.

(8) The following provisions shall apply to an election of delegates to the ratifying convention chosen under clause (4)(a)—

(a) the Nomination Committee shall select two candidates in respect of each constituency situated in the State concerned;

(b) of the candidates selected under paragraph (a) one shall be a person who in the Committee's opinion, is in favor of the amendment, and the other shall be a person who, in the Committee's opinion, is against the amendment;

(c) the ballot papers shall be in such form as to disclose both the names of the Constituency candidates and the stance which each of the Constituency candidates is deemed to support;

(d) the candidate who, in a given constituency, receives the highest number of votes cast, shall be declared elected; and and

(e) the provisions of Article 29(1) shall, mutatis mutandi, apply.

(9) The following provisions shall apply to an election of delegates to the ratifying convention chosen under clause (4)(b)—

(a) the delegates chosen under clause (4)(b) shall be elected by the system of Proportional Representation prescribed in this clause;

(b) the persons who are to be elected as delegates chosen under clause (4)(a) shall be left out of account in determining the persons who are to be elected as delegates chosen under clause (4)(b);

(c) The Nomination Committee in each State shall form two lists of candidates for delegates elected under clause (4)(b), one of which shall be composed of persons who, in the Committee's opinion, are in favor of the amendment, and the other of persons who, in the Committee's opinion, are against the amendment;

(d) Each such list must include as many persons in number as there are delegates chosen under clause (4)(b), but may not include a person–

(i) who is selected as a constituency candidate under clause (8); or

(ii) who is included on any other list submitted for the election of a ratifying convention, whether in the same or in a different State; and

(e) The provisions of Articles 96, 97 and 29(4) shall, mutatis mutandi, apply.

(10) The following provisions shall apply to the proceedings in a ratifying convention—

(a) the convention shall meet on the twenty-first day following its election, unless sooner summoned by the Governor of the state concerned, and in such first meeting it shall, to the exclusion of any other business, proceed to elect without debate one of its members as Chairman;

(b) subsequently to its first meeting under paragraph (a), the convention shall not meet except by the authority of the Chairman thereof who shall summon the convention to meet whenever he considers it necessary so to do;

(c) the Chairman shall, so far as is practicable, attend and preside at all meetings of the convention, and, in the absence of the Chairman, there shall preside such delegate as the Convention may elect for that purpose, or, pending the election of such delegate, the oldest delegate to the convention;

(d) every Member of the ratifying convention shall be entitled to vote, and save as otherwise provided in this Article, any question proposed for decision in the convention shall be determined by a majority of the votes of the delegates present and voting; and

(e) the votes in the convention shall be taken in such manner as may comply with the following rules, that is to say—

(i) votes may be cast in favor of the question proposed for decision ("aye") or against it ("no");

(ii) except in the case of a casting vote, votes may also be cast so as to express a neutral opinion ("abstain"); and

(iii) the votes shall be taken so as to ensure the total numbers of "aye", "no" and "abstain" votes cast to be disclosed, unless by the convention's rules of procedure votes are explicitly required to be made by roll-call vote, or by secret ballot;

(f) on any question proposed for decision in the convention, the person presiding shall have both an original vote and a casting vote;

(g) the convention may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:

Provided that the quorum of the convention shall be the majority of members thereof; and

(h) Subject to the provisions of this Article, the convention may regulate its own procedure.

(11) Where an amendment is, by reason of clause (1) deemed ratified under Article 159(4)(b), and in any state–'

(a) a ratifying convention for that amendment has been elected, it shall then stand dissolved whether or not it has passed a resolution under clause (1); and

(b) such a ratifying convention has not been elected but election procedures therefor are pending, those procedures shall then cease.

The foregoing joint resolution was approved, on the 5th day of July, 1987, by the Provisional House of Representatives.

	329	In favor		433	Voted
	67	Against		167	Absent
	37	Abstain		301	Votes needed

In witness whereof we have hereunto subscribed our names.

signed:
Grand Marshal of the Republic Yehoash VASILIAN President of the Commonwealth		Eliza GINSBURG Speaker of the Provisional House of Representatives

Amend. 3.

Resolved by the Parliament of New Granada, that the Constitution is hereby amended by the repeal, in Article 123, of clause (5).

Resolved further by the Parliament of New Granada that the foregoing amendment is to be ratified by the Legislatures of the States.

The foregoing joint resolution was approved, on the 11th day of July, 1991, by the House of Representatives, and on the 25th day of September, 1991, by the Senate.

House Vote
	303	In favor		351	Voted
	42	Against		99	Absent
	6	Abstain		300	Votes needed
Senate Vote
	159	In favor		196	Voted
	33	Against		23	Absent
	4	Abstain		146	Votes needed

In witness whereof we have hereunto subscribed our names.

signed:
June WILSON President of the Senate	Grand Marshal of the Republic Yehoash VASILIAN President of the Commonwealth	Eliza GINSBURG Speaker of the House of Representatives

Amend. 4.

Resolved by the Parliament of New Granada, that the Constitution is hereby amended:

1. by the alteration, in Article 24, of clause (2) as follows:

(2) These measures shall include, in particular—

(a) securing safe and hygienic conditions of work for all the populace;

(b) prohibiting the consumption of narcotic drugs for reasons other than medical purposes;

(c) preventing the consumption of gambling, prostitution, alcoholic drinks [drinks, marijuana] and tobacco products by persons aged less than 18 years, and regulating such consumption, with the aim of minimizing the noxious effects resulting therefrom, in other cases;

(d) prohibiting the public exhibition of obscene or pornographic content;

(e) preventing the consumption of obscene or pornographic content by persons aged less than 18 years, and regulating such consumption, with the aim of its minimization, in other cases.

1. by the repeal, in Article X, of clause (3) and (5):

2. by the substitution, in Article X, of the following clause for clause (2):

(2) Subject to paragraph (4)(c), each person entitled to vote as an elector at a presidential election shall have one vote, which may be given for a Presidential candidate.

3. by the alteration, in Article X, of clause (4) as follows:

(4) The following provisions shall apply to an election to the office of President—

(a) a Presidential candidate shall be nominated by a registered political party, by 20 members of Parliament or by not less than 50,000 persons who are voters;

(b) the poll shall be taken by a secret ballot at such time and in such manner as may be prescribed by or under an Act of Parliament;

(c) a candidate for an election to the office of President shall be deemed to have been duly elected to such office where:

(i) he is the only candidate nominated for the election after the close of nomination; and

(ii) no additional candidates are nominated under paragraph (g) within twenty-one days of the day on which the poll would have been held.

(c) where in an election to the office of President only one candidate is nominated for the election after the close of nomination, the votes shall be given either in his favor or against him, and paragraph (e) shall be read accordingly;

(d) where in an election to the office of President a candidate nominated for the election by a political party dies, is incapacitated or disqualified, the party which nominated him shall within seven days of such death, incapacitation or disqualification, nominate another candidate;

(e) no person shall be elected as President unless at the Presidential election he has polled, in his favor–

(i) not less than fifty per cent of the valid votes cast nationwide;

(ii) not less than fifty per cent of the valid votes cast separately in at least fifty per cent of the states; and

(iii) a number of votes which is not less than forty per cent of the number of qualified voters at the date of the election;

(f) in default of a candidate being duly elected under paragraphs (c) or (e) [paragraph (e) (unless where paragraph (c) applies)], the Electoral College shall convene [candidates who receive the highest number of valid votes nationwide (and if there is only one such candidate, also the candidates who in that ballot receive the next highest number of valid votes nationwide) shall alone stand for election in a second ballot, which shall be held] on the twenty-first day after the presidential [first] ballot, and shall choose one of the candidates (including candidates nominated under paragraph (g)) to be duly elected as President; and [the candidate who receives the highest number of votes nationwide in the second ballot shall be elected;]

(g) where the Election of the President is to be done by the Electoral College, additional candidates may be nominated by not less than 20 members thereof. [in the second ballot two or more candidates receive the highest number of valid votes nationwide, the candidate with the highest combined number of votes in both ballots shall be elected, and if the equality persists, one of them shall be chosen as President by the drawing of lots; and]

[(h) where paragraph (c) applies, in default of the sole candidate being duly elected under paragraph (e), the ballot shall be countermanded, and the election held afresh on the Wednesday immediately before the ninetieth day after the countermanded ballot.]

Resolved further by the Parliament of New Granada that the foregoing amendment is to be ratified by the Legislatures of the States.

The foregoing joint resolution was approved, on the 8th day of February, 1994, by the House of Representatives, and on the 17th day of March, 1994, by the Senate.

House Vote
	417	In favor		424	Voted
	7	Against		26	Absent
	0	Abstain		300	Votes needed
Senate Vote
	149	In favor		203	Voted
	32	Against		16	Absent
	22	Abstain		146	Votes needed

In witness whereof we have hereunto subscribed our names.

signed:
June WILSON President of the Senate	Enver RAMA President of the Commonwealth	Martha McLEISH Speaker of the House of Representatives

Amend. 5.

Resolved by the Parliament of New Granada, that the Constitution is hereby amended:

1. by the substitution, in the Preamble, of the following passage for the passage beginning with "Whereas we, the National People of New Granada..." and ending with "...we shall always respect, honor and revere;":

We, the National People of New Granada, who have been living in unity in this land, bequeathed to us as our inalienable patrimony;

Recalling the fact that sovereignty over New Granada belongs to us unconditionally;

2. by the addition, after Article 1, of the following Articles:

2A. Supremacy of Civilian Authorities

Civilian authority shall be, at all times, supreme over the military.

2B. Idem., as to members of 1981 Military Regime

(1) For the purposes of this Constitution, the following persons shall be deemed ineligible to be Members of Parliament or to hold any public office established by or under this Constitution, and shall, as from the coming of this Article into force, cease to be eligible for any pension, immunity, or other privilege emanating from any such membership office that may have been held by them:

(a) Yehoash Vasilian;

(b) Jean-François Cresson;

(c) Valentín Bendjedid

(d) Sean Buckley

(e) Tony Pappalardo

(f) Nguyen Binh Hien

(g) Louis Callaghan

(h) Andrew Hamilton

(i) George Böhme.

(2) This Article shall stand repealed on the death of all the persons named in clause (1).

3. by the repeal of Article 120.

4. by the repeal of Article 121.

5. by the alteration of Article 122 as follows:

122. Commander-in-Chief, Command and operational use

(1) There shall be a Commander-in-Chief of the New Granadan National Defense Forces who shall be appointed by the President, acting on the advice of the General Staff.

(1) The President shall be Commander-in-Chief of the New Granadan National Defense Forces

(2) The Commander-in-Chief may be removed from office by the President for inability to discharge functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehavior.

(3) The supreme command of the armed forces of the Commonwealth, including the power to determine their operational use, shall vest in the Commander-in-Chief [President, by virtue of him being Commander-in-Chief].

(4) The powers conferred on the Commander-in-Chief [President] by clause (1) shall include power to appoint the First Vice-Chairman of the General Staff, [Chief of General Staff, the Deputy Chief of General Staff] the Chief of Army Staff, the Chief of Naval Staff, the Chief of Air Staff, the Chief of Marine Staff, the Chief of Paratrooper Staff, the Chief of Coast Guard Staff, and heads of any other branch of the armed forces of the Commonwealth as may be established by an Act of Parliament.

(4a) The appointments under clause (4) shall be subject to confirmation by the Senate.

(5) The persons appointed under clause (4) may be removed from office by the Commander-in-Chief [President] for inability to discharge the functions of their office (whether arising from infirmity of mind or body or any other cause) or for misbehavior.

(6) The Commander-in-Chief [President] may, by directions in writing and subject to such conditions as he think fit, delegate to any member of the armed forces of the Federation his powers relating to the operational use of the Armed Forces of the Federation.

(7) Parliament shall have power to make laws for the regulation of—

(a) the powers exercisable by the [President as] Commander-in-Chief of the Armed Forces of the Commonwealth; and

(b) the appointment, promotion and disciplinary control of members of the Armed Forces of the Commonwealth.

5. by the repeal of Article 123.

6. by the repeal of Article 124.

7. by the repeal of Article 125.

8. by the repeal of Article 126.

3. by the alteration, in Article X, of clause (2) as follows:

(2) A person shall not be qualified for election as a member of Parliament if he or she–

(a) holds dual nationality on the date of nomination for election and has not done any and all acts required by him to renounce his foreign nationality before that date;

(b) has been convicted for a criminal offense for which, on the date of nomination for election, he serves his sentence;

(c) holds a public office of a Junior Management Grade or higher rank, on the date of nomination for election, or has held such office in the six months immediately preceding that date;

(d) performs military or police service, or service as a jailer, on the date of nomination for election, or has performed such service in the three years immediately preceding that date: [date.]

Provided that paragraph (d) shall not apply in any election held prior to the 17th day of August, 1999.

Resolved further by the Parliament of New Granada that the foregoing amendment is to be ratified by convention.

The foregoing joint resolution was approved, on the 8th day of February, 1994, by the House of Representatives, and on the 17th day of March, 1994, by the Senate.

House Vote
	443	In favor		443	Voted
	0	Against		7	Absent
	0	Abstain		300	Votes needed
Senate Vote
	199	In favor		210	Voted
	11	Against		9	Absent
	0	Abstain		146	Votes needed

In witness whereof we have hereunto subscribed our names.

signed:
June WILSON President of the Senate	Roger CARMONA President of the Commonwealth	Rick HUTCHINS Speaker of the House of Representatives