CONSTITUTION PEDIA

1. The Constitution of Arabia
2. The Constitution of China
3. The Constitution of the United States
4. The Constitution of Bangladesh
5.  COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT
6.  Constitution of the Republic of Cuba, 1992













Constitution of Arabia

THE MEDINA CHARTER

622 C.E.
In the name of God the Compassionate, the Merciful.


(1) This is a document from Muhammad the prophet (governing the relations) between the believers and Muslims of Quraysh and Yathrib, and those who followed them and joined them and labored with them.


(2) They are one community (umma) to the exclusion of all men.

(3) The Quraysh emigrants according to their present custom shall pay the bloodwit within their number and shall redeem their prisoners with the kindness and justice common amongbelievers.
(4-8) The B. ‘Auf according to their present custom shall pay the bloodwit they paid in heatheism; every section shall redeem its prisoners with the kindness and justice common among believers. The B. Sa ida, the B.‘l-Harith, and the B. Jusham, and the B. al-Najjar likewise.
(9-11) The B. ‘Amr b. ‘Auf, the B. al-Nabit and the B. al-‘Aus likewise.
(12)(a) Believers shall not leave anyone destitute among them by not paying his redemption money or bloodwit in kindness.
(12)(b) A believer shall not take as an ally the freedman of another Muslim against him. 
(13) The God-fearing believers shall be against the rebellious or him who seeks to spread injustice, or sin or animosity, or corruption between believers; the hand of every man shall be against him even if he be a son of one of them. 
(14) A believer shall not slay a believer for the sake of an unbeliever, nor shall he aid an unbeliever against a believer. 
(15) God’s protection is one, the least of them may give protection to a stranger on their behalf. Believers are friends one to the other to the exclusion of outsiders. 
(16) To the Jew who follows us belong help and equality. He shall not be wronged nor shall his enemies be aided. 
(17) The peace of the believers is indivisible. No separate peace shall be made when believers are fighting in the way of God. Conditions must be fair and equitable to all. 

(18) In every foray a rider must take another behind him. 
(19) The believers must avenge the blood of one another shed in the way of God. 
(20)(a) The God-fearing believers enjoy the best and most upright guidance. 
(20)(b) No polytheist shall take the property of person of Quraysh under his protection nor shall he intervene against a believer. 
(21) Whoever is convicted of killing a believer without good reason shall be subject to retaliation unless the next of kin is satisfied(with blood-money), and thebelievers shall be against him as one man, and they are bound to take action against him.


(22) It shall not be lawful to a believer who holds by what is in this document and believes in God and the last day to help an evil-doer or to shelter him. The curse of God and His anger on the day of resurrection 
will be upon him if he does, and neither repentance nor ransom will be received from him. 
(23) Whenever you differ about a matter it must be referred to God and to Muhammad.
(24) The Jews shall contribute to the cost of war so long as they are fighting alongside the believers. 


(25) The Jews of the B. ‘Auf are one community with the believers (the Jews have their religion and the Muslims have theirs), their freedmen and their persons except those who behave unjustly and sinfully, for they hurt but themselves and their families. 
(26-35) The same applies to the Jews of the B. al-Najjar, B. al-Harith, B. Sai ida, B. Jusham, B. al-Aus, B. Tha'laba, and the Jafna, a clan of the Tha‘laba and the B. al-Shutayba. Loyalty is a protection against treachery. The freedmen of Tha ‘laba are as themselves. The close friends of the Jews are as themselves. 
(36) None of them shall go out to war save the permission of Muhammad, but he shall not be prevented from taking revenge for a wound. He who slays a man without warning slays himself and his household, unless it be one who has wronged him, for God will accept that. 
(37) The Jews must bear their expenses and the Muslims their expenses. Each must help the other against anyone who attacks the people of this document. They must seek mutual advice and consultation, and loyalty is a protection against treachery. A man is not liable for his ally’s misdeeds. The wronged must be helped. 
(38) The Jews must pay with the believers so long as war lasts. 
(39) Yathrib shall be a sanctuary for the people of this document. 
(40) A stranger under protection shall be as his host doing no harm and committing no crime. 
(41) A woman shall only be given protection with the consent of herfamily. 
(42) If any dispute or controversy likely to cause trouble should arise it must be referred to God and to Muhammad the apostle of God. God accepts what is nearestto piety and goodness in this document. 
(43) Quraysh and their helpers shall not be given protection. 
(44) The contracting parties are bound to help one another against any attack on Yathrib. 
(45)(a) If they are called to make peace and maintain it they must do so; and if they make a similar demand on the Muslims it must be carried out except in the case of a holy war. 
(45)(b) Every one shall have his portion from the side to which he belongs. 
(46) The Jews of al-Aus, their freedmen and themselves have the same standing with the people of this document in purely loyalty from the people of this document. Loyalty is a protection against treachery. He who acquires ought acquires it for himself. God approves of this document. 
(47) This deed will not protect the unjust and the sinner. The man who goes forth to fight and the man who stays at home in the city is safe unless he has been unjust and sinned. God is the protector of the good and God-fearing man and Muhammad is the apostle of God.
This text is taken from A. Guillaume, The Life of Muhammad — A 
Translation of Ishaq's Sirat Rasul Allah, Oxford University Press, 

Karachi, 1955; pp. 231-233. Numbering added.





                                                                       

China Constitution

Adopted on: 4 Dec 1982 }
{ ICL Document Status: 12 April 1988 }
Preamble
China is one of the countries with the longest histories in the world. The people of all nationalities in China have jointly created a splendid culture and have a glorious revolutionary tradition.
Feudal China was gradually reduced after 1840 to a semi-colonial and semi-feudal country. The Chinese people waged wave upon wave of heroic struggles for national independence and liberation and for democracy and freedom. Great and earth-shaking historical changes have taken place in China in the 20th century. The Revolution of 1911, led by Dr. Sun Yat-sen, abolished the feudal monarchy and gave birth to the Republic of China. But the Chinese people had yet to fulfill their historical task of overthrowing imperialism and feudalism.
After waging hard, protracted and tortuous struggles, armed and otherwise, the Chinese people of all nationalities led by the Communist Party of China with Chairman Mao Zedong as its leader ultimately, in 1949, overthrew the rule of imperialism, feudalism, and bureaucrat-capitalism, won the great victory of the new democratic revolution and founded the People's Republic of China. Thereupon the Chinese people took state power into their own hands and became masters of the country.
After the founding of the People's Republic, the transition of Chinese society from a new democratic to a socialist society was effected step by step. The socialist transformation of the private ownership of the means of production was completed, the system of exploitation of man by man eliminated and the socialist system established. The people's democratic dictatorship led by the working class and based on the alliance of workers and peasants, which is in essence the dictatorship of the proletariat, has been consolidated and developed. The Chinese people and the Chinese People's Liberation Army have thwarted aggression, sabotage, and armed provocations by imperialists and hegemonists, safeguarded China's national independence and security and strengthened its national defence. Major successes have been achieved in economic development. An independent and fairly comprehensive socialist system of industry has in the main been established. There has been a marked increase in agricultural production. Significant progress has been made in educational, scientific, cultural, and other undertakings, and socialist ideological education has yielded noteworthy results. The living standards of the people have improved considerably.
Both the victory of China's new democratic revolution and the successes of its socialist cause have been achieved by the Chinese people of all nationalities under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, and by upholding truth, correcting errors and overcoming numerous difficulties and hardships. The basic task of the nation in the years to come is to concentrate its effort on socialist modernization. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, the Chinese people of all nationalities will continue to adhere to the people's democratic dictatorship and follow the socialist road, steadily improve socialist institutions, develop socialist democracy, improve the socialist legal system, and work hard and self-reliantly to modernize industry, agriculture, national defence, and science and technology step by step to turn China into a socialist country with a high level of culture and democracy.
The exploiting classes as such have been eliminated in our country. However, class struggle will continue to exist within certain limits for a long time to come. The Chinese people must fight against those forces and elements, both at home and abroad, that are hostile to China's socialist system and try to undermine it.
Taiwan is part of the sacred territory of the People's Republic of China. It is the lofty duty of the entire Chinese people, including our compatriots in Taiwan, to accomplish the great task of reunifying the motherland.
In building socialism it is imperative to rely on the workers, peasants and intellectuals and unite with all the forces that can be united. In the long years of revolution and construction, there has been formed under the leadership of the Communist Party of China a broad patriotic united front that is composed of democratic parties and people's organizations and embraces all socialist working people, all patriots who support socialism and all patriots who stand for reunification of the motherland. This united front will continue to be consolidated and developed. The Chinese People's Political Consultative Conference is a broadly representative organization of the united front, which has played a significant historical role and will continue to do so in the political and social life of the country, in promoting friendship with the people of other countries and in the struggle for socialist modernization and for the reunification and unity of the country.
The People's Republic of China is a unitary multinational state built up jointly by the people of all its nationalities. Socialist relations of equality, unity and mutual assistance have been established among them and will continue to be strengthened. In the struggle to safeguard the unity of the nationalities, it is necessary to combat big-nation chauvinism, mainly Han chauvinism, and also necessary to combat local national chauvinism. The state does its utmost to promote the common prosperity of all nationalities in the country.
China's achievements in revolution and construction are inseparable from support by the people of the world. The future of China is closely linked with that of the whole world. China adheres to an independent foreign policy as well as to the five principles of mutual respect for sovereignty and territorial integrity, mutual nonaggression, non-interference in each other's internal affairs, equality and mutual benefit, and peaceful coexistence in developing diplomatic relations and economic and cultural exchanges with other countries; China consistently opposes imperialism, hegemonism, and colonialism, works to strengthen unity with the people of other countries, supports the oppressed nations and the developing countries in their just struggle to win and preserve national independence and develop their national economies, and strives to safeguard world peace and promote the cause of human progress.
This Constitution affirms the achievements of the struggles of the Chinese people of all nationalities and defines the basic system and basic tasks of the state in legal form; it is the fundamental law of the state and has supreme legal authority. The people of all nationalities, all state organs, the armed forces, all political parties and public organizations and all enterprises and undertakings in the country must take the Constitution as the basic norm of conduct, and they have the duty to uphold the dignity of the Constitution and ensure its implementation.
Chapter One General Principles
Article 1 [Socialist State]

(1) The People's Republic of China is a socialist state under the
people's democratic dictatorship led by the working class and based on the alliance of workers and peasants.
(2) The socialist system is the basic system of the People's Republic of China. Sabotage of the socialist system by any organization or individual is prohibited.
Article 2 [Sovereignty]

(1) All power in the People's Republic of China belongs to the people.
(2) The organs through which the people exercise state power are the National People's Congress and the local people's congresses at different levels.
(3) The people administer state affairs and manage economic, cultural and social affairs through various channels and in various ways in accordance with the law.
Article 3 [Democratic Centralism]

(1) The state organs of the People's Republic of China apply the principle of democratic centralism.
(2) The National People's Congress and the local people's congresses at different levels are instituted through democratic election. They are responsible to the people and subject to their supervision.
(3) All administrative, judicial and procuratorial organs of the state are created by the people's congresses to which they are responsible and under whose supervision they operate.
(4) The division of functions and powers between the central and local state organs is guided by the principle of giving full play to the initiative and enthusiasm of the local authorities under the unified leadership of the central authorities.
Article 4 [Nationalities, Minorities, Regions, Languages]

(1) All nationalities in the People's Republic of China are equal. The state protects the lawful rights and interests of the minority nationalities and upholds and develops the relationship of equality, unity, and mutual assistance among all of China's nationalities. Discrimination against and oppression of any nationality are prohibited; any acts that undermine the unity of the nationalities or instigate their secession are prohibited.
The state helps the areas inhabited by minority nationalities speed up their economic and cultural development in accordance with the peculiarities and needs of the different minority nationalities.
(2) Regional autonomy is practiced in areas where people of minority nationalities live in compact communities; in these areas organs of self-government are established for the exercise of the right of autonomy. All the national autonomous areas are inalienable parts of the People's Republic of China.
(3) The people of all nationalities have the freedom to use and develop their own spoken and written languages, and to preserve or reform their own ways and customs.
Article 5 [Socialist Legal System, Rule of Law]

(1) The state upholds the uniformity and dignity of the socialist legal system.
(2) No law or administrative or local rules and regulations shall contravene the Constitution.
(3) All state organs, the armed forces, all political parties and public organizations, and all enterprises and undertakings must abide by the Constitution and the law. All acts in violation of the Constitution and the law must be looked into.
(4) No organization or individual may enjoy the privilege of being above the Constitution and the law.
Article 6 [Socialist Public Ownership]

(1) The basis of the socialist economic system of the People's Republic of China is socialist public ownership of the means of production, namely, ownership by the whole people and collective ownership by the working people.
(2) The system of socialist public ownership supersedes the
system of exploitation of man by man; it applies the principle of "from each according to his ability, to each according to his work."
Article 7 [State Economy]
The state economy is the sector of socialist economy under ownership by the whole people; it is the leading force in the national economy. The state ensures the consolidation and growth of the state economy.
Article 8 [Agriculture]

(1) Rural people's communes, agricultural producers co-operatives, and other forms of co-operative economy such as producers', supply and marketing, credit, and consumers' co-
operatives, belong to the sector of socialist economy under collective ownership by the working people. Working people who are members of rural economic collectives have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted for private use, engage in household sideline production and raise privately owned livestock.
(2) The various forms of co-operative economy in the cities and towns, such as those in the handicraft, industrial, building, transport, commercial, and service trades, all belong to the sector of socialist economy under collective ownership by the working people.
(3) The state protects the lawful rights and interests of the urban and rural economic collectives and encourages, guides, and helps the growth of the collective economy.
Article 9 [Resources]

(1) Mineral resources, waters, forests, mountains, grassland, unreclaimed land, beaches, and other natural resources are owned by the state, that is, by the whole people, with the exception of the forests, mountains, grassland, unreclaimed land, and beaches that are owned by collectives in accordance with the law.
(2) The state ensures the rational use of natural resources and protects rare animals and plants. The appropriation or damage of natural resources by any organization or individual by whatever means is prohibited.
Article 10 [Land Ownership]

(1) Land in the cities is owned by the state.
(2) Land in the rural and suburban areas is owned by collectives except for those portions which belong to the state in accordance with the law; house sites and privately farmed plots of cropland and hilly land are also owned by collectives.
(3) The state may in the public interest take over land for its use in accordance with the law.
(4) no organization or individual may appropriate, buy, sell or otherwise engage in the transfer of land by unlawful means. The right to the use of land may be transferred according to law.
(5) All organizations and individuals who use land must make rational use of the land.
Article 11 [Private Sector of the Economy]

(1) The individual economy of urban and rural working people, operated within the limits prescribed by law, is a complement to the socialist public economy. The state protects the lawful rights and interests of the individual economy.
(2) The state guides, helps, and supervises the individual economy by exercising administrative control.
(3) The State permits the private sector of the economy to exist and develop within the limits prescribed by law. The private sector of the economy is a complement to the socialist public economy. The State protects the lawful rights and interests of the private sector of the economy, and exercises guidance, supervision and control over the private sector of the economy.
Article 12 [Protection of Socialist Public Property]

(1) Socialist public property is sacred and inviolable.
(2) The state protects socialist public property. Appropriation or damage of state or collective property by any organization or individual by whatever means is prohibited.
Article 13 [Protection of Private Property]

(1) The state protects the right of citizens to own lawfully earned income, savings, houses, and other lawful property.
(2) The state protects by law the right of citizens to inherit private property.
Article 14 [Labor Productivity]

(1) The state continuously raises labor productivity, improves economic results and develops the productive forces by enhancing the enthusiasm of the working people, raising the level of their technical skill, disseminating advanced science and technology, improving the systems of economic administration and enterprise, operation and management, instituting the socialist system of responsibility in various forms, and improving organization of work.
(2) The state practices strict economy and combats waste.
(3) The state properly apportions accumulation and consumption, pays attention to the interests of the collective and the individual as well as of the state and, on the basis of expanded production, gradually improves the material and cultural life of the people.
Article 15 [Economic Planning]

(1) The state practices economic planning on the basis of socialist public ownership. It ensures the proportionate and co-ordinated growth of the national economy through overall balancing by economic planning and the supplementary role of regulation by the market.
(2) Disturbance of the orderly functioning of the social economy or disruption of the state economic plan by any organization or individual is prohibited.
Article 16 [State Enterprises]

(1) State enterprises have decision making power in operation and management within the limits prescribed by law, on condition that they submit to unified leadership by the state, and fulfill all their obligations under the state plan.
(2) State enterprises practice democratic management through congresses of workers and staff and in other ways in accordance with the law.
Article 17 [Collective Economic Organizations]

(1) Collective economic organizations have decisionmaking power in conducting independent economic activities, on condition that they accept the guidance of the state plan and abide by the relevant laws.
(2) Collective economic organizations practice democratic management in accordance with the law, with the entire body of their workers electing or removing their managerial personnel and deciding on major issues concerning operation and management.
Article 18 [Foreign Enterprises]

(1) The People's Republic of China permits foreign enterprises, other foreign economic organizations, and individual foreigners to invest in China and to enter into various forms of economic co-operation with Chinese enterprises and other economic organizations in accordance with the law of the People's Republic of China.
(2) All foreign enterprises and other foreign economic organizations in China, as well as joint ventures with Chinese and foreign investment located in China, shall abide by the law of the People's Republic of China. Their lawful rights and interests are protected by the law of the People's Republic of
China.
Article 19 [Education]

(1) The state develops socialist educational undertakings and works to raise the scientific and cultural level of the whole nation.
(2) The state runs schools of various types, makes primary education compulsory and universal, develops secondary, vocational and higher education, and promotes pre-school education.
(3) The state develops educational facilities of various types in order to wipe out illiteracy and provide political, cultural, scientific, technical, and professional education for workers, peasants, state functionaries and other working people. It encourages people to become educated through independent study.
(4) The slate encourages the collective economic organizations, state enterprises and undertakings, and other social forces to set up educational institutions of various types in accordance with the law.
(5) The state promotes the nationwide use of Putonghua.
Article 20 [Science]
The state promotes the development of the natural and social sciences, disseminates scientific and technical knowledge, and commends and rewards achievements in scientific research as well as technological discoveries and inventions.
Article 21 [Health]

(1) The state develops medical and health services, promotes modern medicine and traditional Chinese medicine, encourages and supports the setting up of various medical and health facilities by the rural economic collectives, state enterprises and undertakings and neighborhood organizations, and promotes public health activities of a mass character, all to protect the people's health.
(2) The state develops physical culture and promotes mass sports activities to build up the people's physique.
Article 22 [Culture]

(1) The state promotes the development of literature and art, the press, broadcasting, and television undertakings, publishing and distribution services, libraries, museums, cultural centers and other cultural undertakings, that serve the people and socialism, and sponsors mass cultural activities.
(2) The state protects places of scenic and historical interest, valuable cultural monuments, and treasures and other important items of China's historical and cultural heritage.
Article 23 [Intellectual Education]
The state trains specialized personnel in all fields who serve socialism, increases the number of intellectuals, and creates conditions to give full scope to their role in collective modernization.
Article 24 [Socialist Education]

(1) The state strengthens the building of socialist spiritual civilization through spreading education in high ideals and morality, general education, and education in discipline and the legal system, and through promoting the formulation and observance of rules of conduct and common pledges by different sections of the people in urban and rural areas.
(2) The state advocates the civic virtues of love of the motherland, of the people, of labor, of science, and of socialism; it educates the people in patriotism, collectivism, internationalism, and communism and in dialectical and historical materialism; it combats capitalist, feudal, and other decadent ideas.
Article 25 [Family Planning]
The state promotes family planning so that population growth may fit the plan for economic and social development.
Article 26 [Environment]

(1) The state protects and improves the living environment and the ecological environment, and prevents and remedies pollution and other public hazards.
(2) The state organizes and encourages afforestation and the protection of forests.
Article 27 [Administration]

(1) All state organs carry out the principle of simple and efficient administration, the system of responsibility for work, and the system of training functionaries and appraising their work in order constantly to improve quality of work and efficiency and combat bureaucratism.
(2) All state organs and functionaries must rely on the support of the people, keep in close touch with them, heed their opinions and suggestions, accept their supervision and work hard to serve them.
Article 28 [Public Order]
The state maintains public order and suppresses treasonable and other counter-revolutionary activities; it penalizes actions that endanger public security and disrupt the socialist economy and other criminal activities, and punishes and reforms criminals.
Article 29 [Armed Forces]

(1) The armed forces of the People's Republic of China belong to the people. Their tasks are to strengthen national defence, resist aggression, defend the motherland, safeguard the people's peaceful labor, participate in national reconstruction, and work hard to serve the people.
(2) The state strengthens the revolutionization, modernization and regularization of the armed forces in order to increase the national defence capability.
Article 30 [Administrative Division]

(1) The administrative division of the People's Republic of China is as follows:
1. The country is divided into provinces, autonomous regions, and municipalities directly under the Central Government;
2. Provinces and autonomous regions are divided into autonomous prefectures, counties, autonomous counties, and cities;
3. Counties and autonomous counties are divided into townships, nationality townships, and towns.
(2) Municipalities directly under the Central Government and other large cities are divided into districts and counties. Autonomous prefectures are divided into counties, autonomous counties, and cities.
(3) All autonomous regions, autonomous prefectures, and autonomous counties are national autonomous areas.
Article 31 [Special Administrative Regions]
The state may establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by law enacted by the National People's Congress in the light of the specific conditions.
Article 32 [Rights of Foreigners]

(1) The People's Republic of China protects the lawful rights and interests of foreigners within Chinese territory, and while on Chinese territory foreigners must abide by the law of the People's Republic of China.
(2) The People's Republic of China may grant asylum to foreigners who request it for political reasons.
Chapter Two The Fundamental Rights and Duties of Citizens
Article 33 [Citizenship, Equality]

(1) All persons holding the nationality of the People's Republic of China are citizens of the People's Republic of China.
(2) All citizens of the People's Republic of China are equal before the law.
(3) Every citizen enjoys the rights and at the same time must perform the duties prescribed by the Constitution and the law.
Article 34 [Electoral Rights and Equality]
All citizens of the People's Republic of China who have reached the age of 18 have the right to vote and stand for election, regardless of nationality, race, sex, occupation, family background, religious belief, education, property status, or length of residence, except persons deprived of political rights according to law.
Article 35
Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession, and of demonstration.
Article 36 [Religion]

(1) Citizens of the People's Republic of China enjoy freedom of religious belief.
(2) No state organ, public organization, or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion.
(3) The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state.
(4) Religious bodies and religious affairs are not subject to any foreign domination.
Article 37 [Personal Freedom]

(1) The personal freedom of citizens of the People's Republic of China is inviolable.
(2) No citizen may be arrested except with the approval or by decision of a people's procuratorate or by decision of a people's court, and arrests must be made by a public security organ.
(3) Unlawful deprivation or restriction of citizens' personal freedom by detention or other means is prohibited; and unlawful search of the person of citizens is prohibited.
Article 38 [Personal Dignity]
The personal dignity of citizens of the People's Republic of China is inviolable. Insult, libel, false charge, or frame-up directed against citizens by any means is prohibited.
Article 39 [Home]
The home of citizens of the People's Republic of China is inviolable. Unlawful search of, or intrusion into, a citizen's home is prohibited.
Article 40 [Correspondence]
The freedom and privacy of correspondence of citizens of the People's Republic of China are protected by law. No organization or individual may, on any ground, infringe upon the freedom and privacy of citizens' correspondence except in cases where, to meet the needs of state security or of investigation into criminal offenses, public security or procuratorial organs are permitted to censor correspondence in accordance with procedures prescribed by law.
Article 41 [Freedom of Speech]

(1) Citizens of the People's Republic of China have the right to criticize and make suggestions to any state organ or functionary. Citizens have the right to make to relevant state organs complaints and charges against, or exposures of, any
state organ or functionary for violation of the law or dereliction of duty; but fabrication or distortion of facts for the purpose of libel or frame-up is prohibited.
(2) The state organ concerned must deal with complaints, charges or exposures made by citizens in a responsible manner after ascertaining the facts. No one may suppress such complaints, charges and exposure, or retaliate against the citizens making them.
(3) Citizens who have suffered losses through infringement of their civic rights by any state organ or functionary have the right to compensation in accordance with the law.
Article 42 [Work]

(1) Citizens of the People's Republic of China have the right as well as the duty to work.
(2) Using various channels, the state creates conditions for employment, strengthens labor protection, improves working conditions, and, on the basis of expanded production, increases remuneration for work and social benefits.
(3) Work is the glorious duty of every able-bodied citizen. All working people in state enterprises and in urban and rural economic collectives should perform their tasks with an attitude consonant with their status as masters of the country. The state promotes socialist labor emulation, and commends and rewards model and advanced workers. The state encourages citizens to take part in voluntary labor.
(4) The state provides necessary vocational training to citizens before they are employed.
Article 43 [Leisure]

(1) Working people in the People's Republic of China have the right to rest.
(2) The state expands facilities for rest and recuperation of working people, and prescribes working hours and vacations for workers and staff.
Article 44 [Retirement]
The state prescribes by law the system of retirement for workers and staff in enterprises and undertakings and for functionaries of organs of state. The livelihood of retired personnel is ensured by the state and society.
Article 45 [Social Security]

(1) Citizens of the People's Republic of China have the right to material assistance from the state and society when they are old, ill, or disabled. The state develops the social insurance, social relief, and medical and health services that are required to enable citizens to enjoy this right.
(2) The state and society ensure the livelihood of disabled members of the armed forces, provide pensions for the families of martyrs, and give preferential treatment to the families of military personnel.
(3) The state and society help make arrangements for the work, livelihood and education of the blind, deafmutes and other handicapped citizens.
Article 46 [Education]

(1) Citizens of the People's Republic of China have the duty as well as the right to receive education.
(2) The state promotes the all-round moral, intellectual, and physical development of children and young people.
Article 47 [Research]
Citizens of the People's Republic of China have the freedom to engage in scientific research, literary and artistic creation, and other cultural pursuits. The state encourages and assists creative endeavors conducive to the interests of the people that are made by citizens engaged in education, science, technology, literature, art, and other cultural work.
Article 48 [Gender Equality]

(1) Women in the People's Republic of China enjoy equal rights with men in all spheres of life, political, economic, cultural, and social, including family life.
(2) The state protects the rights and interests of women, applies the principle of equal pay for equal work for men and women alike, and trains and selects cadres from among women.
Article 49 [Marriage, Family, Parentage]

(1) Marriage, the family, and mother and child are protected by the state.
(2) Both husband and wife have the duty to practice family planning.
(3) Parents have the duty to rear and educate their minor children, and children who have come of age have the duty to support and assist their parents.
(4) Violation of the freedom of marriage is prohibited. Maltreatment of old people, women, and children is prohibited.
Article 50 [Nationals Abroad]
The People's Republic of China protects the legitimate rights and interests of Chinese nationals residing abroad and protects the lawful rights and interests of returned overseas Chinese and of the family members of Chinese nationals residing abroad.
Article 51 [Interest of the State]
The exercise by citizens of the People's Republic of China of their freedoms and rights may not infringe upon the interests of the state, of society, and of the collective, or upon the lawful freedoms and rights of other citizens.
Article 52 [Unity]
It is the duty of citizens of the People's Republic of China to safeguard the unity of the country and the unity of all its nationalities.
Article 53 [Obedience to the Constitution]
Citizens of the People's Republic of China must abide by the Constitution and the law, keep state secrets, protect public property, and observe labor discipline and public order and respect social ethics.
Article 54 [Integrity of the Motherland]
It is the duty of citizens of the People's Republic of China to safeguard the security, honor, and interests of the motherland; they must not commit acts detrimental to the security, honor and interests of the motherland.
Article 55 [Defence]

(1) It is the sacred obligation of every citizen of the People's Republic of China to defend the motherland and resist aggression.
(2) It is the honorable duty of citizens of the People's Republic of China to perform military service and join the militia in accordance with the law.
Article 56 [Taxation]
It is the duty of citizens of the People's Republic of China to pay taxes in accordance with the law.
Chapter Three The Structure of the State
Section I The National People's Congress
Article 57 [Highest Organ of State Power]
The National People's Congress of the People's Republic of China is the highest organ of state power. Its permanent body is the Standing Committee of the National People's Congress.
Article 58 [Legislative Power]
The National People's Congress and its Standing Committee exercise the legislative power of the state.
Article 59 [Representation]

(1) The National People's Congress is composed of deputies elected by the provinces, autonomous regions, and municipalities directly under the Central Government, and by the armed forces. All the minority nationalities are entitled to appropriate representation.
(2) Election of deputies to the National People's Congress is conducted by the Standing Committee of the National People's Congress.
(3) The number of deputies to the National People's Congress and the manner of their election are prescribed by law.
Article 60 [Election, Term]

(1) The National People's Congress is elected for a term of five years.
(2) Two months before the expiration of the term of office of a National People's Congress, its Standing Committee must ensure that the election of deputies to the succeeding National People's Congress is completed. Should exceptional circumstances prevent such an election, it may be postponed by decision of a majority vote of more than two-thirds of all those on the Standing Committee of the current National People's Congress and the term of office of the current National People's Congress may be extended. The election of deputies to the succeeding National People's Congress must be completed within one year after the termination of such exceptional circumstances.
Article 61 [Sessions, Presidium]

(1) The National People's Congress meets in session once a year and is convened by its Standing Committee. A session of the National People's Congress may be convened at any time the Standing Committee deems this necessary, or when more than one-fifth of the deputies to the National People's Congress so propose.
(2) When the National People's Congress meets, it elects a presidium to conduct its session.
Article 62 [Functions and Powers]
The National People's Congress exercises the following functions and powers: 1. to amend the Constitution;
2. to supervise the enforcement of the Constitution;
3. to enact and amend basic statutes concerning criminal offenses, civil affairs, the state organs, and other matters;
4. to elect the President and the Vice President of the People's Republic of China;
5. to decide on the choice of the Premier of the State Council upon nomination by the President of the People's Republic of China, and to decide on the choice of the Vice Premiers, State Councillors, Ministers in charge of ministries or commissions, and the Auditor General and the Secretary General of the State Council upon nomination by the Premier;
6. to elect the Chairman of the Central Military Commission and, upon nomination by the Chairman, to decide on the choice of all the others on the Central Military Commission;
7. to elect the President of the Supreme People's Court;
8. to elect the Procurator General of the Supreme People's Procuratorate;
9. to examine and approve the plan for national economic and social development and the report on its implementation; 10. to examine and approve the state budget and the report on its implementation; 11. to alter or annul inappropriate decisions of the Standing Committee of the National People's Congress;
12. to approve the establishment of provinces, autonomous regions, and municipalities directly under the Central
Government;
13. to decide on the establishment of special administrative regions and the systems to be instituted there;
14. to decide on questions of war and peace; and
15. to exercise such other functions and powers as the highest organ of state power should exercise.
Article 63 [Power to Recall or Remove Officials]
The National People's Congress has the power to recall or remove from office the following persons:
1. the President and the Vice President of the People's Republic of China;
2. the Premier, Vice Premiers, State Councillors, Ministers in charge of ministries or commissions, and the Auditor General and the Secretary General of the State Council;
3. the Chairman of the Central Military Commission and others on the Commission;
4. the President of the Supreme People's Court; and
5. the Procurator General of the Supreme People's Procuratorate.
Article 64 [Amendments to the Constitution]

(1) Amendments to the Constitution are to be proposed by the Standing Committee of the National People's Congress or by more than one-fifth of the deputies to the National People's Congress and adopted by a majority vote of more than two-thirds of all the deputies to the Congress.
(2) Statutes and resolutions are adopted by a majority vote of more than one half of all the deputies to the National People's Congress.
Article 65 [Standing Committee]

(1) The Standing Committee of the National People's Congress is composed of the following:
the Chairman;
the Vice Chairmen;
the Secretary General; and
members.
(2) Minority nationalities are entitled to appropriate representation on the Standing Committee of the National People's Congress.
(3) The National People's Congress elects, and has the power to recall, all those on its Standing Committee.
(4) No one on the Standing Committee of the National People's Congress shall hold any post in any of the administrative, judicial or procuratorial organs of the state.
Article 66 [Election, Term, Chairmen]

(1) The Standing Committee of the National People's Congress is elected for the same term as the National People's Congress; it exercises its functions and powers until a new Standing Committee is elected by the succeeding National People's Congress.
(2) The Chairman and Vice Chairmen of the Standing Committee shall serve no more than two consecutive terms.
Article 67 [Functions and Powers]
The Standing Committee of the National People's Congress exercises the following functions and powers:
1. to interpret the Constitution and supervise its enforcement;
2. to enact and amend statutes with the exception of those which should be enacted by the National People's Congress;
3. to enact, when the National People's Congress is not in session, partial supplements and amendments to statutes enacted by the National People's Congress provided that they do not contravene the basic principles of these statutes;
4. to interpret statutes;
5. to examine and approve, when the National People's Congress is not in session, partial adjustments to the plan for national economic and social development and to the state
budget that prove necessary in the course of their implementation;
6. to supervise the work of the State Council, the Central Military Commission, the Supreme People's Court, and the Supreme People's Procuratorate;
7. to annul those administrative rules and regulations, decisions, or orders of the State Council that contravene the Constitution or the statutes;
8. to annul those local regulations or decisions of the organs of state power of provinces, autonomous regions, and municipalities directly under the Central Government that contravene the Constitution, the statutes or the administrative rules and regulations;
9. to decide, when the National People's Congress is not in session, on the choice of Ministers in charge of ministries or commissions or the Auditor General and the Secretary General of the State Council upon nomination by the Premier of the State Council;
10. to decide, upon nomination by the Chairman of the Central Military Commission, on the choice of others on the Commission, when the National People's Congress is not in session;
11. to appoint and remove Vice Presidents and judges of the Supreme People's Court, members of its Judicial Committee, and the President of the Military Court at the suggestion of the President of the Supreme People's Court;
12. to appoint and remove Deputy Procurators General and procurators of the Supreme People's Procuratorate, members of its Procuratorial Committee, and the Chief Procurator of the Military Procuratorate at the suggestion of the Procurator General of the Supreme People's Procuratorate, and to approve the appointment and removal of the chief procurators of the people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government;
13. to decide on the appointment and recall of plenipotentiary representatives abroad;
14. to decide on the ratification and abrogation of treaties and important agreements concluded with foreign states;
15. to institute systems of titles and ranks for military and diplomatic personnel and of other specific titles and ranks;
16. to institute state medals and titles of honor and decide on their conferment;
17. to decide on the granting of special pardons;
18. to decide, when the National People's Congress is not in session, on the proclamation of a state of war in the event of an armed attack on the country or in fulfillment of international treaty obligations concerning common defence against aggression;
19. to decide on general mobilization or partial mobilization;
20. to decide on the enforcement of martial law throughout the country or in particular provinces, autonomous regions or municipalities directly under the Central Government; and
21. to exercise such other functions and powers as the National People's Congress may assign to it.
Article 68 [Presidency]

(1) The Chairman of the Standing Committee of the National People's Congress presides over the work of the Standing Committee and convenes its meetings. The Vice Chairmen and the Secretary General assist in the work of the Chairman.
(2) Executive meetings with the participation of the Chairman, Vice Chairman and Secretary General handle the important day-to-day work of the Standing Committee of the National People's Congress.
Article 69 [Report on the Work]
The Standing Committee of the National People's Congress is responsible to the National People's Congress and reports on its work to the Congress.
Article 70 [Committees]

(1) The National People's Congress establishes a Nationalities Committee, a Law Committee, a Financial and Economic Committee, an Education, Science, Culture, and Public Health Committee, a Foreign Affairs Committee, an Overseas Chinese Committee, and such other special committees as are necessary. These special committees work under the direction of the Standing Committee of the National People's Congress when the Congress is not in session.
(2) The special committees examine, discuss and draw up relevant bills and draft resolutions under the direction of the National People's Congress and its Standing Committee.
Article 71 [Ad Hoc Committees]

(1) The National People's Congress and its Standing Committee may, when they deem it necessary, appoint committees of inquiry into specific questions and adopt relevant resolutions in the light of their reports.
(2) All organs of state, public organizations, and citizens concerned are obliged to supply the necessary information to those committees of inquiry when they conduct investigations.
Article 72 [Legislative Initiative]
Deputies to the National People's Congress and all those on its Standing Committee have the right, in accordance with procedures prescribed by law, to submit bills and proposals within the scope of the respective functions and powers of the National People's Congress and its Standing Committee.
Article 73 [Right to Question the State Council]
Deputies to the National People's Congress during its sessions, and all those on its Standing Committee during its meetings, have the right to address questions, in accordance with procedures prescribed by law, to the State Council or the ministries and commissions under the State Council, which must answer the questions in a responsible manner.
Article 74 [Immunity]
No deputy to the National People's Congress may be arrested or placed on criminal trial without the consent of the Presidium of the current session of the National People's Congress or, when the National People's Congress is not in session, without the consent of its Standing Committee.
Article 75 [Indemnity]
Deputies to the National People's Congress may not be called to legal account for their speeches or votes at its meetings.
Article 76 [Obedience to the Constitution]

(1) Deputies to the National People's Congress must play an exemplary role in abiding by the Constitution and the law and keeping state secrets and, in production and other work and their public activities, assist in the enforcement of the Constitution and the law.
(2) Deputies to the National People's Congress should maintain close contact with the units which elected them and with the people, listen to and convey the opinions and demands of the people, and work hard to serve them.
Article 77 [Direct/Imperative Mandate]
Deputies to the National People's Congress are subject to the supervision of the units which elected them. The electoral units have the power, through procedures prescribed by law, to recall deputies whom they elected.
Article 78 [Organizational Law]
The organization and working procedures of the National People's Congress and its Standing Committee are prescribed by law.
Section II The President
Article 79 [Election, Term]

(1) The President and Vice President of the People's Republic of China are elected by the National People's Congress.
(2) Citizens of the People's Republic of China who have the right to vote and to stand for election and who have reached the age of 45 are eligible for election as President or Vice President of the People's Republic of China.
(3) The term of office of the President and Vice President of the People's Republic of China is the same as that of the National People's Congress, and they shall serve no more than two consecutive terms.
Article 80 [Functions and Powers]
The President of the People's Republic of China, in pursuance of decisions of the National People's Congress and its Standing Committee, promulgates statutes, appoints and removes the Premier, Vice Premiers, State Councillors, Ministers in charge of ministries or commissions, and the Auditor General and the Secretary General of the State Council; confers state medals and titles of honor; issues orders of special pardons; proclaims martial law; proclaims a state of war; and issues mobilization orders.
Article 81 [Diplomatic Representation]
The President of the People's Republic of China receives foreign diplomatic representatives on behalf of the People's Republic of China and, in pursuance of decisions of the Standing Committee of the National People's Congress, appoints and recalls plenipotentiary representatives abroad, and ratifies and abrogates treaties and important agreements concluded with foreign states.
Article 82 [Vice President]

(1) The Vice President of the People's Republic of China assists in the work of the President.
(2) The Vice President of the People's Republic of China may exercise such parts of the functions and powers of the President as may be deputed by the President.
Article 83 [End of Office]
The President and Vice President of the People's Republic of China exercise their functions and powers until the new President and Vice President elected by the succeeding National People's Congress assume office.
Article 84 [Vacancy]

(1) In case the office of the President of the People's Republic of China falls vacant, the Vice President succeeds to the office of President.
(2) In case the office of the Vice President of the People's Republic of China falls vacant, the National People's Congress shall elect a new Vice President to fill the vacancy.
(3) In the event that the offices of both the President and the Vice President of the People's Republic of China fall vacant, the National People's Congress shall elect a new President and a new Vice President. Prior to such election, the Chairman of the Standing Committee of the National People's Congress shall temporarily act as the President of the People's Republic of China.
Section III The State Council
Article 85 [Governmental Powers]
The State Council, that is, the Central People's Government, of the People's Republic of China is the executive body of the highest organ of state power; it is the highest organ of state administration.
Article 86 [Composition]

(1) The State Council is composed of the following:
the Premier;
the Vice Premiers;
the State Councillors;
the Ministers in charge of ministries,
the Ministers in charge of commissions;
the Auditor General; and
the Secretary General.
(2) The Premier has overall responsibility for the State Council. The ministers have overall responsibility for the ministries or commissions under their charge.
(39 The organization of the State Council is prescribed by law.
Article 87 [Term]

(1) The term of office of the State Council is the same as that of the National People's Congress.
(2) The Premier, Vice Premiers, and State Councillors shall serve no more than two consecutive terms.
Article 88 [Premier]

(1) The Premier directs the work of the State Council. The Vice Premiers and State Councillors assist in the work of the Premier.
(2) Executive meetings of the State Council are composed of the Premier, the Vice Premiers, the State Councillors, and the Secretary General of the State Council.
(3) The Premier convenes and presides over the executive meetings and plenary meetings of the State Council.
Article 89 [Functions and Powers]
The State Council exercises the following functions and powers:
1. to adopt administrative measures, enact administrative rules and regulations, and issue decisions and orders in accordance with the Constitution and the statutes;
2. to submit proposals to the National People's Congress or its Standing Committee;
3. to lay down the tasks and responsibilities of the ministries and commissions of the State Council, to exercise unified leadership over the work of the ministries and commissions, and to direct all other administrative work of a national character that does not fall within the jurisdiction of the ministries and commissions;
4. to exercise unified leadership over the work of local organs of state administration at different levels throughout the country, and to lay down the detailed division of functions and powers between the Central Government and the organs of state administration of provinces, autonomous regions, and municipalities directly under the Central Government;
5. to draw up and implement the plan for national economic and social development and the state budget;
6. to direct and administer economic affairs and urban and rural development;
7. to direct and administer affairs of education, science, culture, public health, physical culture, and family planning;
8. to direct and administer civil affairs, public security, judicial administration, supervision, and other related matters;
9. to conduct foreign affairs and conclude treaties and agreements with foreign states;
10. to direct and administer the building of national defence;
11. to direct and administer affairs concerning the nationalities, and to safeguard the equal rights of minority nationalities and the right of autonomy of the national autonomous areas;
12. to protect the legitimate rights and interests of Chinese nationals residing abroad and protect the lawful rights and interests of returned overseas Chinese and of the family members of Chinese nationals residing abroad;
13. to alter or annul inappropriate orders, directives, and regulations issued by the ministries or commissions;
14. to alter or annul inappropriate decisions and orders issued
by local organs of state administration at different levels;
15. to approve the geographic division of provinces, autonomous regions, and municipalities directly under the Central Government, and to approve the establishment and geographic division of autonomous prefectures, counties, autonomous counties, and cities;
16. to decide on the enforcement of martial law in parts of provinces, autonomous regions, and municipalities directly under the Central Government;
17. to examine and decide on the size of administrative organs and, in accordance with the law, to appoint, remove, and train administrative officers, appraise their work and reward or punish them; and
18. to exercise such other functions and powers as the National People's Congress or its Standing Committee may assign it.
Article 90 [Ministers]

(1) The Ministers in charge of ministries or commissions of the State Council are responsible for the work of their respective departments and convene and preside over ministerial meetings or commission meetings that discuss and decide on major issues in the work of their respective departments.
(2) The ministries and commissions issue orders, directives, and regulations within the jurisdiction of their respective departments and in accordance with the statutes and the administrative rules and regulations, decisions, and orders issued by the State Council.
Article 91 [Auditing Body]

(1) The State Council establishes an auditing body to supervise through auditing the revenue and expenditure of all departments under the State Council and of the local governments at different levels, and those of the state financial and monetary organizations and of enterprises and undertakings.
(2) Under the direction of the Premier of the State Council, the auditing body independently exercises its power to supervise through auditing in accordance with the law, subject to no interference by any other administrative organ or any public organization or individual.
Article 92 [Report on the Work]
The State Council is responsible, and reports on its work, to the National People's Congress or, when the National People's Congress is not in session, to its Standing Committee.
Section IV The Central Military Commission
Article 93 [Function, Composition, Term]

(1) The Central Military Commission of the People's Republic of China directs the armed forces of the country.
(2) The Central Military Commission is composed of the following:
the Chairman;
the Vice Chairmen; and
members.
(3) The Chairman of the Central Military Commission has overall responsibility for the Commission.
(4) The term of office of the Central Military Commission is the same as that of the National People's Congress.
Article 94 [Responsibility]
The Chairman of the Central Military Commission is responsible to the National People's Congress and its Standing Committee.
Section V The Local People's Congresses and Governments
Article 95 [Local Governments]

(1) People's congresses and people's governments are established in provinces, municipalities directly under the Central Government, counties, cities, municipal districts, townships, nationality townships, and towns.
(2) The organization of local people's congresses and local people's governments at different levels is prescribed by law.
(3) Organs of self-government are established in autonomous regions, autonomous prefectures, and autonomous counties. The organization and working procedures of organs of self-government are prescribed by law in accordance with the basic principles laid down in Sections V and VI of Chapter Three of the Constitution.
Article 96 [State Power, Standing Committees]

(1) Local people's congresses at different levels are local organs of state power.
(2) Local people's congresses at and above the county level establish standing committees.
Article 97 [Deputies]

(1) Deputies to the people's congresses of provinces, municipalities directly under the Central Government, and cities divided into districts are elected by the people's congresses at the next lower level; deputies to the people's congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns are elected directly by their constituencies.
(2) The number of deputies to local people's congresses at different levels and the manner of their election are prescribed by law.
Article 98 [Term]
The term of office of the people's congresses of provinces, municipalities directly under the Central Government and cities divided into districts is five years. The term of office of the people's congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns is three years.
Article 99 [Obedience to the Constitution]

(1) Local people's congresses at different levels ensure the observance and implementation of the Constitution, the statutes and the administrative rules and regulations in their respective administrative areas. Within the limits of their authority as prescribed by law, they adopt and issue resolutions and examine and decide on plans for local economic and cultural development and for the development of public services.
(2) Local people's congresses at and above the county level examine and approve the plans for economic and social development and the budgets of their respective administrative areas, and examine and approve reports on their implementation. They have the power to alter or annul inappropriate decisions of their own standing committees.
(39 The people's congresses of nationality townships may, within the limits of their authority as prescribed by law, take specific measures suited to the peculiarities of the nationalities concerned.
Article 100 [Obedience to the Central Government]
The people's congresses of provinces and municipalities directly under the Central Government, and their standing committees, may adopt local regulations, which must not contravene the Constitution, the statutes, and the administrative rules and regulations, and they shall report such local regulations to the Standing Committee of the National People's Congress for the record.
Article 101 [Power to Elect and Recall Officials]

(1) At their respective levels, local people's congresses elect, and have the power to recall, governors and deputy governors, or mayors and deputy mayors, or heads and deputy heads of counties, districts, townships, and towns.
(2) Local people's congresses at and above the county level elect, and have the power to recall, presidents of people's courts and chief procurators of people's procuratorates at the corresponding level. The election or recall of chief procurators of people's procuratorates shall be reported to the chief procurators of the people's procuratorates at the next higher level for submission to the standing committees of the people's congresses at the corresponding level for approval.
Article 102 [Direct/Imperative Mandate]

(1) Deputies to the people's congresses of provinces, municipalities directly under the Central Government and cities divided into districts are subject to supervision by the units which elected them; deputies to the people's congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns are subject to supervision by their constituencies.
(2) The electoral units and constituencies which elect deputies to local people's congresses at different levels have the power, according to procedures prescribed by law, to recall deputies whom they elected.
Article 103 [Responsibility of Standing Committees]

(1) The standing committee of a local people's congress at and above the county level is composed of a chairman, vice chairmen and members, and is responsible, and reports on its work, to the people's congress at the corresponding level.
(2) The local people's congress at and above the county level elects, and has the power to recall, anyone on the standing committee of the people's congress at the corresponding level.
(3) No one on the standing committee of a local people's congress at and above the county level shall hold any post in state administrative, judicial, and procuratorial organs.
Article 104 [Functions and Powers]
The standing committee of a Local people's congress at and above the county level discusses and decides on major issues in all fields of work in its administrative area; supervises the work of the people's government, people's court and people's procuratorate at the corresponding level; annuls inappropriate decisions and orders of the people's government at the corresponding level; annuls inappropriate resolutions of the people's congress at the next lower level; decides on the appointment and removal of functionaries of state organs within the limits of its authority as prescribed by law; and, when the people's congress at the corresponding level is not in session, recalls individual deputies to the people's congress at the next higher level and elects individual deputies to fill vacancies in that people's congress.
Article 105 [Executive Bodies]

(1) Local people's governments at different levels are the executive bodies of local organs of state power as well as the local organs of state administration at the corresponding level.
(2) Local people's governments at different levels practice the system of overall responsibility by governors, mayors, county heads, district heads, township heads, and town heads.
Article 106 [Corresponding Terms]
The term of office of local people's governments at different levels is the same as that of the people's congresses at the corresponding level.
Article 107 [Administrative Work]

(1) Local people's governments at and above the county level, within the limits of their authority as prescribed by law, conduct the administrative work concerning the economy, education, science, culture, public health, physical culture, urban and rural development, finance, civil affairs, public security, nationalities affairs, judicial administration,
supervision, and family planning in their respective administrative areas; issue decisions and orders; appoint, remove, and train administrative functionaries, appraise their work and reward or punish them.
(2) People's governments of townships, nationality townships, and towns carry out the resolutions of the people's congress at the corresponding level as well as the decisions and orders of the state administrative organs at the next higher level and conduct administrative work in their respective administrative areas.
(3) People's governments of provinces and municipalities directly under the Central Government decide on the establishment and geographic division of townships, nationality townships, and towns.
Article 108 [Hierarchy of Government]
Local people's governments at and above the county level direct the work of their subordinate departments and of people's governments at lower levels, and have the power to alter or annul inappropriate decisions of their subordinate departments and people's governments at lower levels.
Article 109 [Auditing Bodies]
Auditing bodies are established by local people's governments at and above the county level. Local auditing bodies at different levels independently exercise their power to supervise through auditing in accordance with the law and are responsible to the people's government at the corresponding level and to the auditing body at the next higher level.
Article 110 [Responsibility]

(1) Local people's governments at different levels are responsible, and report on their work, to people's congresses at the corresponding level. Local people's governments at and above the county level are responsible, and report on their work, to the standing committee of the people's congress at the corresponding level when the congress is not in session.
(2) Local people's governments at different levels are responsible, and report on their work, to the state administrative organs at the next higher level. Local people's governments at different levels throughout the country are state administrative organs under the unified leadership of the State Council and are subordinate to it.
Article 111 [Committees on Grass Roots Level]

(1) The residents' committees and villagers' committees established among urban and rural residents on the basis of their place of residence are mass organizations of self-management at the grass roots level. The chairman, vice chairmen and members of each residents' or villagers' committee are elected by the residents. The relationship between the residents' and villagers' committees and the grass roots organs of state power is prescribed by law.
(2) The residents' and villagers' committees establish committees for people's mediation, public security, public health, and other matters in order to manage public affairs and social services in their areas, mediate civil disputes, help maintain public order, and convey residents' opinions and demands and make suggestions to the people's government.
Section VI Self-Government of National Autonomous Areas
Article 112 [Autonomies Areas]
The organs of self-government of national autonomous areas are the people's congresses and people's governments of autonomous regions, autonomous prefectures, and autonomous counties.
Article 113 [Representation]

(1) In the people's congress of an autonomous region,
prefecture or county, in addition to the deputies of the nationality or nationalities exercising regional autonomy in the administrative area, the other nationalities inhabiting the area are also entitled to appropriate representation.
(2) The chairmanship and vice chairmanships of the standing committee of the people's congress of an autonomous region, prefecture or county shall include a citizen or citizens of the nationality or nationalities exercising regional autonomy in the area concerned.
Article 114 [Nationality of the Administrative Head]
The administrative head of an autonomous region, prefecture or county shall be a citizen of the nationality, or of one of the nationalities, exercising regional autonomy in the area concerned.
Article 115 [Power of Autonomy]
The organs of self-government of autonomous regions, prefectures, and counties exercise the functions and powers of local organs of state as specified in Section V of Chapter Three of the Constitution. At the same time, they exercise the power of autonomy within the limits of their authority as prescribed by the Constitution, the law of regional national autonomy and other laws, and implement the laws and policies of the state in the light of the existing local situation.
Article 116 [Autonomy Regulations]
People's congresses of national autonomous areas have the power to enact autonomy regulations and specific regulations in the light of the political, economic, and cultural characteristics of the nationality or nationalities in the areas concerned. The autonomy regulations and specific regulations of autonomous regions shall be submitted to the Standing Committee of the National People's Congress for approval before they go into effect. Those of autonomous prefectures and counties shall be submitted to the standing committees of the people's congresses of provinces or autonomous regions for approval before they go into effect, and they shall be reported to the Standing Committee of the National People's Congress for the record.
Article 117 [Financial Autonomy]
The organs of self-government of the national autonomous areas have the power of autonomy in administering the finances of their areas. All revenues accruing to the national autonomous areas under the financial system of the state shall be managed and used by the organs of self-government of those areas on their own.
Article 118 [Autonomous Development Plans]

(1) The organs of self-government of the national autonomous areas independently arrange for and administer local economic development under the guidance of state plans.
(2) In exploiting natural resources and building enterprises in the national autonomous areas, the state shall give due consideration to the interests of those areas.
Article 119 [Autonomous Education]
The organs of self-government of the national autonomous areas independently administer educational, scientific, cultural, public health, and physical culture affairs in their respective areas, protect and accumulate the cultural heritage of the nationalities and work for the development and flourishing of their cultures.
Article 120 [Autonomous Security Forces]
The organs of self-government of the national autonomous areas may, in accordance with the military system of the state and concrete local needs and with the approval of the State Council, organize local public security forces for the maintenance of public order.
Article 121 [Autonomous Language]
In performing their functions, the organs of self-government of the national autonomous areas, in accordance with the autonomy regulations of the respective areas, employ the spoken and written language or languages in common use in the locality.
Article 122 [Minorities]

(1) The state gives financial, material, and technical assistance to the minority nationalities to accelerate their economic and cultural development.
(2) The state helps the national autonomous areas train large numbers of cadres at different levels and specialized personnel and skilled workers of different professions and trades from among the nationality or nationalities in those areas.
Section VII The People's Courts and Procuratorates
Article 123 [Judicial Organs]
The people's courts in the People's Republic of China are the judicial organs of the state.
Article 124 [Supreme People's Court]

(1) The People's Republic of China establishes the Supreme People's Court and the local people's courts at different levels, military courts and other special people's courts.
(2) The term of office of the President of the Supreme People's Court is the same as that of the National People's Congress; the President shall serve no more than two consecutive terms.
(3) The organization of people's courts in prescribed by law.
Article 125 [Publicity, Right of Defence]
All cases handled by the people's courts, except for those involving special circumstances as specified by law, shall be heard in public. The accused has the right of defence.
Article 126 [Independence]
The people's courts shall, in accordance with the law exercise judicial power independently and are not subject to interference by administrative organs, public organizations, or individuals.
Article 127 [Highest Judicial Organ]

(1) The Supreme People's Court is the highest judicial organ.
(2) The Supreme People's Court supervises the administration of justice by the local people's courts at different levels and by the special people's courts; people's courts at higher levels supervise the administration of justice by those at lower levels.
Article 128 [Responsibility of the Supreme People's Court]
The Supreme People's Court is responsible to the National People's Congress and its Standing Committee. Local people's courts at different levels are responsible to the organs of state power which created them.
Article 129 [People's Procuratorates]
The people's procuratorates of the People's Republic of China are state organs for legal supervision.
Article 130 [Supreme People's Procuratorate]

(1) The People's Republic of China establishes the Supreme People's Procuratorate and the local people's procuratorates at different levels, military procuratorates, and other special people's procuratorates.
(2) The term of office of the Procurator General of the Supreme People's Procuratorate is the same as that of the National People's Congress; the Procurator General shall serve no more than two consecutive terms.
(3) The organization of people's procuratorates is prescribed by law.
Article 131 [Procuratorial Power, Independence]
People's procuratorates shall, in accordance with the law, exercise procuratorial power independently and are not subject to interference by administrative organs, public organizations, or individuals.
Article 132 [Highest Procuratorial Organ]

(1) The Supreme People's Procuratorate is the highest procuratorial organ.
(2) The Supreme People's Procuratorate directs the work of the local people's procuratorates at different levels and of the special people's procuratorates; people's procuratorates at higher levels direct the work of those at lower levels.
Article 133 [Responsibility of Supreme People's Procuratorate]
The Supreme People's Procuratorate is responsible to the National People's Congress and its Standing Committee. Local people's procuratorates at different levels are responsible to the organs of state power at the corresponding levels which created them and to the people's procuratorates at the higher level.
Article 134 [Language in Trials]

(1) Citizens of all nationalities have the right to use the spoken and written languages of their own nationalities in court proceedings. The people's courts and people's procuratorates should provide translation for any party to the court proceedings who is not familiar with the spoken or written languages in common use in the locality.
(2) In an area where people of a minority nationality live in a compact community or where a number of nationalities live together, hearings should be conducted in the language or languages in common use in the locality; indictments, judgements, notices, and other documents should be written, according to actual needs, in the language or languages in common use in the locality.
Article 135 [Independence of Functions]
The people's courts, people's procuratorates, and public security organs shall, in handling criminal cases, divide their functions, each taking responsibility for its own work, and they shall co-ordinate their efforts and check each other to ensure correct and effective enforcement of law.
Chapter Four The National Flag, Emblem, and Capital
Article 136 [National Flag]
The national flag of the People's Republic of China is a red flag with five stars.
Article 137 [National Emblem]
The national emblem of the People's Republic of China is Tian'anmen in the center illuminated by five stars and encircled by ears of grain and a cogwheel.
Article 138 [Capital]
The capital of the People's Republic of China is Beijing.
 

CONSTITUTION OF THE PEOPLE'S REPUBLIC OF BANGLADESH

4^th November 1972

PREAMBLE

We, the people of Bangladesh, having proclaimed our Independence on the 26th day of March,

1971 and through a historic war for national independence, established the independent, sovereign

People's Republic of Bangladesh;

Pledging that the high ideals of absolute trust and faith in the Almighty Allah, nationalism, democracy and socialism meaning economic and social justice, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the war for national independence, shall be fundamental principles of the Constitution;

Further pledging that it shall be a fundamental aim of the State to realise through the democratic process to socialist society, free from exploitation-a society in which  the rule of  law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens;

Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co-operation in keeping with the progressive aspirations of mankind;

In our Constituent Assembly, this eighteenth day of Kartick, 1379 B.S corresponding to the fourth day of November, 1972 A.D., do hereby adopt, enact and give to ourselves this Constitution.

PART I

THE REPUBLIC

1. The Republic.

Bangladesh is a unitary, independent, sovereign Republic to be known as the People's Republic of Bangladesh.

2.   The territory of the Republic.

The territory of the Republic shall comprise-

(a) The territories which immediately before the proclamation of  independence on the  26th day of March, 1971 constituted East Pakistan and  the  territories  referred  to as included territories in the Constitution (Third Amendment) Act, 1974, but excluding the territories referred to as excluded territories in that Act; and such other territories  as may become included in Bangladesh.

2A. The state religion.

The state religion of the Republic is Islam, but other religions may be practiced in peace and harmony in the Republic.

3.   The state language.

The state language of the Republic is Bangla.

4.   National anthem, flag and emblem.

(1) The national anthem of the Republic is the first ten lines of "Amar Sonar Bangla".

(2) The national  flag of the Republic  shall consist of  a circle,  coloured  red  throughout its area, resting on a green background.

(3) The national emblem of the Republic is the national flower Shapla (nympoea-nouchali) resting on water, having on each side and ear of paddy and being surmounted by three connected leaves of jute with two stars on each side of the leaves.

(4) Subject to the foregoing clauses, provisions relating to the national anthem, flag and emblem shall be made by law.

4A. Portrait.

(1) Portrait of the President shall be preserved and displayed at the offices of the President, Prime Minister and Speaker, and all embassies and missions of Bangladesh abroad.

(2) In addition to clause (1), Portrait, of only the Prime Minister, shall be preserved and displayed at the offices of the President and the Speaker, and in head and branch offices of all government and semi-government offices, autonomous bodies, statutory public authorities, government educational institutions, embassies and missions of Bangladesh abroad.

5.   The capital.

(1) The capital of the Republic is Dhaka.

(2.) The boundaries of the capital shall be determined by law.

6. Citizenship.

(1) The citizenship of Bangladesh shall be determined and regulated by law.

(2) The citizens of Bangladesh shall be known as Bangladeshis.]

7.   Supremacy of the Constitution.

(1) All powers in the Republic belong to the people, and their exercise on behalf of the people shall be effected only under, and by the authority of, this Constitution.

(2) This Constitution is, as the solemn expression of the will of the people, the supreme law

of the Republic, and if any other law is inconsistent with this Constitution  and  other law

shall, to the extent of the inconsistency, be void.

PART II

FUNDAMENTAL PRINCIPLES OF STATE POLICY

8.   Fundamental principles.

(1) The principles of absolute trust and faith in the Almighty Allah, nationalism, democracy and socialism meaning economic and social justice, together with the principles derived from them as set out in this Part, shall constitute the fundamental principles of state policy.

(1A). Absolute trust and faith in the Almighty Allah shall be the basis of all actions.

(2) The principles set out in this Part shall be fundamental to the governance of Bangladesh, shall be applied by the State in the making of laws, shall be a guide to the interpretation of the Constitution and of the other laws of Bangladesh, and shall form the basis of the work of the State and of its citizens, but shall not be judicially enforceable.

9.  Promotion of local Government institutions.

The State shall encourage local Government institutions composed of representatives of the areas concerned and in such institutions special representation shall be given, as far as possible, to peasants, workers and women.

10.   Participation of women in national life.

Steps shall be taken to ensure participation of women in all spheres of national life.

11.   Democracy and human rights.

The Republic  shall be  a democracy in which fundamental human  rights  and  freedoms and respect for the dignity and worth of the human person shall be guaranteed, and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured.

12.  [Omitted]

13.   Principles of ownership.

The people shall own or control the instruments and means of production and distribution, and with this end in view ownership shall assume the following forms-

(a) state ownership,  that  is ownership by the State on behalf of the people through the creation  of  an  efficient  and  dynamic  nationalised  public sector embracing the key sectors of the economy;

(b) Co-operative ownership, that is ownership by co-operatives on behalf of their members within such limits as may be prescribed by law; and private ownership, that is ownership by individuals within such limits as may be prescribed by law.

14.   Emancipation of peasants and workers.

It shall  be  a  fundamental  responsibility of  the  State  to  emancipate the  toiling masses  the peasants and workers and backward sections of the people from all forms and exploitation.

15.   Provision of basic necessities.

 It shall  be a  fundamental  responsibility of  the  State  to attain, through planned  economic

growth, a constant increase of productive forces and a steady improvement in the material

and cultural standard of living of the people, with a view to securing to its citizens-

(a) the provision of the basic necessities of life, including food, clothing, shelter, education and medical care;

(b) the right  to work,  that  is  the  right to guaranteed employment at a  reasonable wage

having regard to the quantity and quality of work;

(c) the right to reasonable rest, recreation and leisure; and the right to social security,

that is to say to public assistance in cases of undeserved want arising from unemployment, illness or disablement, or suffered by widows or orphans or in old age, or

in other such cases.

16.   Rural development and agricultural revolution.

The State shall adopt effective measures to bring about a radical transformation in the rural areas through the promotion of a agricultural revolution,  the provision of rural electrification,  the  development  of cottage and  other  industries,  and the  improvement  of  education, communications and public health, in those areas, so as progressively to remove the disparity in the standards of living between the urban and the rules areas.

17.   Free and compulsory education.

The State shall adopt effective measures for the purpose of -

(a) establishing a uniform, mass-oriented and universal system of education and extending free and compulsory education to all children to such stage as may be determined by law ;

(b) relating education  to the needs of society and producing properly trained and motivated citizens to serve those needs; removing illiteracy within such time as may be determined by law.

18.   Public health and morality.

(1) The State shall regard the raising of the level of nutrition and the improvement of public health as moving its primary duties, and in particular shall adopt effective measures to prevent the consumption, except for medical  purposes  or  for  such other  purposes  as may be prescribed by law, of alcoholic and other intoxicating drinks and drugs which are injurious to health.

(2) The State shall adopt effective measures to prevent prostitution and gambling.

19.   Equality of opportunity.

(1) The State shall endeavour to ensure equality of opportunity to all citizens.

(2) The State shall adopt effective measures to remove social and economic inequality between man and man and to ensure the equitable distribution of wealth among citizens, and of

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

20.   Work as a right and duty.

(1) Work is a right, a duty and a matter of honour for every citizen who is capable of working, and everyone shall be paid for his work on the basis of the principle "from each according to his abilities to each according to his work".

(2) The State shall endeavour to create conditions in which, as a general principle, persons shall not be able to enjoy unearned incomes, and in which human labour in every form, intellectual and physical, shall become a fuller  expression  of  creative endeavour and of the

human personality.

21.   Duties of citizens and of public servants.

(1) It is the duty of every citizen to observe the Constitution and the laws, to maintain discipline, to perform public duties and to protect public property.

(2) Every person in the service of the Republic has a duty to strive at all times to serve the people.

22.   Separation of Judiciary from the executive.

The State shall ensure the separation of the judiciary from the executive organs of the State.

23.   National Culture.

The State shall adopt measures to conserve the cultural traditions and heritage of the people, and so to foster and improve the national language, literature and the arts that all sections of the people are afforded  the opportunity to contribute towards and  to participate  in the enrichment of the national culture.

24.   National monuments, etc.

The State shall adopt measures for the protection against disfigurement, damage or removal of all monuments, objects or places of special artistic or historic importance or interest.

25.   Promotion of international peace, security and solidarity.

(1) The State shall base its international relations on  the principles of  respect  for national sovereignty and equality, non-interference in the internal affairs of other countries, peaceful settlement of international disputes, and respect for international law and the principles enunciated in the United Nations Charter, and on the basis of those principle shall-

(a) Strive for the renunciation of the use of force in international relations and for general and complete disarmament;

(b) uphold 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 support oppressed peoples  throughout  the world waging a  just struggle against imperialism, colonialism or racialism.

(2) The State shall endeavour to consolidate, preserve  and  strengthen  fraternal  relations among Muslim countries based on Islamic solidarity.PART III

FUNDAMENTAL RIGHTS

26.   Laws inconsistent with fundamental rights to be void.

(1) All existing law inconsistent with the provisions of this Part shall, to the extent of such inconsistency, become void on the commencement of this Constitution.

(2) The State shall not make any law inconsistent with any provisions of this Part, and any law so made shall, to the extent of such inconsistency, be void.

(3) Nothing in this article shall apply to any amendment of this Constitution made under article 142.

27.   Equality before law.

All citizens are equal before law and are entitled to equal protection of law.

28.   Discrimination on grounds of religion, etc.

(1) The  State shall not  discriminate  against any citizen  on  grounds  only of religion,  race caste, sex or place of birth.

(2) Women shall have equal rights with men in all spheres of the State and of public life.

(3) No citizen shall, on grounds only of religion, race, caste, sex or place of birth be subjected to any disability, liability, restriction or condition with regard to access to any place of public entertainment or resort, or admission to any educational institution.

(4) Nothing in this article shall prevent the State from making special provision in favour of women or children or for the advancement of any backward section of citizens.

29.   Equality of opportunity in public employment.

(1) There shall be equality of opportunity for all citizens in respect of employment or office in the service of the Republic.

(2) No citizen shall, on grounds only of religion, race, caste, sex or place of birth, be ineligible for, or discriminated against in respect of, any employment or office in the service of the Republic.

(3) Nothing in this article shall prevent the State from -

(a) making special provision in  favour of any backward section of citizens for  the purpose of securing their adequate representation in the service of the Republic;

(b) giving effect  to any law which makes provision for reserving appointments relating to any religious or denominational  institution  to persons of  that religion or denomination; reserving  for members of one sex any class of employment or office on  the ground  that  it is considered by its nature to be unsuited  to members of the opposite sex.

30.  Prohibition of foreign titles, etc.

No citizen shall, without the prior approval of the President, accept any title, honour, award or decoration from any foreign state.

31.   Right to protection of law.

To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for  the time being within Bangladesh, and  in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.

32.   Protection of right to life and personal liberty.

No person shall be deprived of life or personal liberty saves in accordance with law.

33. Safeguards as to arrest and detention.

(1) No person who is arrested shall be detained in custody without being informed, as soon as may be of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.

(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

(3) Nothing in clauses (1) and (2) shall apply to any person-

(a) who for the time being is an enemy alien; or

(b) who is arrested or detained under any law providing for preventive detention.

(4) No law providing for preventive detention shall authorise the detention of a person for a

period exceeding six months unless an Advisory Board consisting of three persons, of whom

two shall be persons who are, or have been, or are qualified to be appointed as, Judges of the

Supreme Court and  the other shall be a person who  is a senior officer  in the service of  the

Republic, has, after affording him an opportunity of being heard  in person, reported before

the expiration of the said period of six months  that there  is,  in  its opinion, sufficient cause

for such detention.

(5) When any person is detained in pursuance of an order made under any law providing for

preventive detention, the authority making the order shall, as soon as may be, communicate

to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order.

(6) Parliament may be law prescribe the procedure to be followed by an Advisory Board in

an inquiry under clause (4) .  34. Prohibition of forced labour.

(1) All forms of forced labour are prohibited and any contravention of this provision shall be

an offence punishable in accordance with law.

(2) Nothing in this article shall apply to compulsory labour.

(a) by persons undergoing lawful punishment for a criminal offence; or required by any law for public purpose.

35.   Protection in respect of trial and punishment.

(1) No person shall be convicted to any offence except for violation of al law in force at the

time of the commission of the act charged as an  offence, nor  be  subjected to  a  penalty

greater than, or different from that which might have been inflicted under the law in force at

the time of the commission of the offence.

(2) No person shall be prosecuted and punished for the same offence more than once.

(3) Every person accused of a criminal offence shall have the right to a speedy and public

trial by an independent and impartial court or tribunal established by law.

(4) No person accused of any offence shall be compelled to be a witness against himself.

(5) No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or

treatment.

(6) Nothing  in clause (3) or clause (5) shall affect  the operation of any existing  law which

prescribes any punishment or procedure for trial.

36.   Freedom of movement.

Subject to any reasonable restrictions imposed by law in the public interest, every citizen

shall have the right to move freely throughout Bangladesh, to reside and settle in any place

therein and to leave and re-enter Bangladesh.

37.   Freedom of assembly.

Every citizen shall have the right to assemble and to participate in public meetings and processions peacefully and without arms, subject to any reasonable restrictions imposed by law

in the interests of public order health.

38.   Freedom of association.

Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order;

39.   Freedom of thought and conscience, and of speech

(1) Freedom or thought and conscience is guaranteed.

(2) Subject  to any reasonable restrictions  imposed by law in the interests of the security of

the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence-

(a) the right of every citizen of  freedom of speech and expression; and  freedom of the

press, are guaranteed.

40.   Freedom of profession or occupation.

Subject to any restrictions imposed by law, every citizen possessing such qualifications, if

any, as may be prescribed by law in relation to his profession, occupation, trade or business

shall have  the  right  to enter upon any lawful profession or occupation, and  to conduct any

lawful trade or business.

41.   Freedom of religion.

(1) Subject to law, public order and morality-

(a) every citizen has the right to profess, practice or propagate any religion;

(b) every religious community or denomination has  the  right  to establish, maintain and

manage its religious institutions.

(2) No  person  attending  any educational institution shall  be  required to  receive  religious

instruction, or to take part in or to attend any religious ceremony or worship, if that instruction, ceremony or worship relates to a religion other than his own.

42.  Rights to property.

(1) Subject to any restrictions imposed by law, every citizen shall have the right to acquire,

hold,  transfer or otherwise dispose of property, and no property shall be compulsorily acquired, nationalised or requisitioned save by authority of law.

(2) A law made under clause (1) shall provide for the acquisition, nationalisation or requisition with compensation and shall either fix the amount of compensation or specify the principles on which, and the manner in which, the compensation is to be assessed and paid; but

no such law shall be called in question in any court on the ground that any provision in respect of such compensation is not adequate.

(3) Nothing in this article shall affect the operation of any law made before the commencement of the Proclamations (Amendment) Order, 1977 (Proclamations Order No. I of 1977),

in so far as it relates to the acquisition, nationalisation or acquisition of any property without

compensation.

43.   Protection of home and correspondence.

Every citizen shall have the right, subject to any reasonable restrictions  imposed by law  in

the interests of the security of the State, public order, public morality or public health-

(a) to be secured in his home against entry, search and seizure; and to the privacy of his

correspondence and other means of communication. 

44.  Enforcement of fundamental rights.

(1) The right to move the High Court Division in accordance with clause (I) of article 102

for the enforcement of the rights conferred by this Part of guaranteed.

(2) Without prejudice  to  the powers of  the High Court Division  under article 102, Parliament may be law empower any other court, within the local limits of its jurisdiction, to exercise all or any of those powers.

45.   Modification of rights in respect of disciplinary.

Nothing in this Part shall apply to any provision of a disciplinary law relating to members of

a disciplined force, being a provision limited to the purpose of ensuring the proper discharge

of their duties or the maintenance of discipline in that force.

46.   Power to provide indemnity.

Notwithstanding anything  in the  foregoing provisions of  this Part, Parliament may be law

make provision for indemnifying any person in the service of the Republic or any other person in respect of any act done by him in connection with the national liberation struggle or

the maintenance or  restoration of other  in any area in Bangladesh or validate any sentence

passed, punishment inflicted, forfeiture ordered, or other act done in any such area.

47.   Saving for certain laws.

(1) No law providing  for  any of  the following matters  shall be deemed to be void  on  the

ground that it is inconsistent with, or takes away or abridge, any of the rights guaranteed by

this Part-

(a) the compulsory acquisition, nationalisation or requisition of any property, or the control or management thereof whether temporarily or permanently;

(b) the compulsory amalgamation of bodies carrying on commercial or other undertakings;

(c) the extinction, modification, restriction or regulation of rights of directors, managers,

agents  and  officers of  any such  bodies, or  of  the  voting  rights  of  persons  owning

shares or stock (in whatever form) therein;

(d) the extinction, modification,  restriction or  regulation of  rights of  search  for or win

minerals or mineral oil;

(e) the carrying on by the Government or by a corporation owned,  controlled or managed by the Government, of any trade, business, industry or service to the exclusion,

complete or partial, or other persons; or

(f) the  extinction, modification,  restriction  or  regulation of  any right  to  property, any

right in respect of a profession, occupation, trade or business or the rights of employers or employees in any statutory public authority or in any commercial or industrial

undertaking;

if Parliament in such law (including, in the case of existing law, by amendment) expressly

declares that such provision is made to give effect  to any of  the  fundamental principles of

state policy set out in Part II of this Constitution.  (2) Notwithstanding anything contained in this Constitution the laws specified in the First

Schedule (including any amendment of any such law) shall continue to have full force and

effect, and no provision of any such law, nor anything done or omitted to be done under the

authority of  such  law, shall  be deemed  void  or unlawful on the  ground  of  inconsistency

with, or repugnance to, any provision of this Constitution; 24 Provided that nothing in this

article shall prevent amendment, modification or repeal of any such law.

(3)  Notwithstanding  anything contained  in  this  Constitution,  no  law nor  any provision

thereof providing for detention, prosecution or punishment of any person, who is a member

of any armed or defence or auxiliary forces or who is a prisoner of war, for genocide, crimes

against humanity or war crimes and other crimes under international law shall be deemed

void or unlawful, or ever to have become void or unlawful, on the ground that such law or

provision of any such law is inconsistent with, or repugnant to any of the provisions of this

Constitution.

47A. In applicability of certain articles.

(1) The  rights guaranteed under article 31. clauses (1) and (3) of article 35 and article 44

shall not apply to any person to whom a law specified in clause (3) of article 47 applies.

(2) Notwithstanding anything contained in this Constitution, no person to whom a law specified in clause (3) of article 47 applies shall have the right to move the Supreme Court for

any of the remedies under this Constitution.

PART IV

THE EXECUTIVE

CHAPTER I – THE PRESIDENT

48.   The President.

(1) There shall be a President of Bangladesh who shall be elected by members of Parliament

in accordance with law.

(2) The President shall as Head of State, take precedence over all other persons in the State,

and shall exercise the powers and perform the duties conferred and imposed on him by this Constitution and by any other law.

(3) In the exercise of all his functions, save only that of appointing the Prime Minister pursuant to clause (3) of article 56 and the Chief Justice pursuant to clause (1) of article 95, the

President shall act in accordance with the advice of the Prime Minister;

Provided that the  question whether any, and  if  so what,  advice  has  been  tendered  by the

Prime Minister to the President shall not be enquired into in any court.

(4) A person shall not be qualified for election as President if he-

(a) is less than thirty-five years of age; or

(b) is not qualified for election a member of Parliament; or

(c) has been removed from the office of President by impeachment under this Constitution.

(5) The Prime Minister shall keep the President informed on matters of domestic and foreign

policy, and submit for the consideration of the Cabinet any matter which the President may

request him to refer to it.

49.   Prerogative of mercy.

The President shall have power to grant pardons, reprieves and respites and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.

50.   Term of office of President.

(1) Subject to the provisions of this Constitution, the President shall hold office for a term of

five years from the date on which he enters upon his office;

Provided that notwithstanding the expiration of his term the President shall continue to hold

office until his successor enters upon office.

(2) No  person  shall  hold  office  as  President  for more  than two  terms, whether  or not  the

terms are consecutive.

(3) The President may resign his office by writing under his hand addressed to the Speaker.

(4) The President during his term of office shall not be qualified for election as a member of

Parliament, and if a member of Parliament is elected as President he shall vacate his seat in

Parliament on the day on which he enters upon his office as President

51.   President's immunity.

(1) Without prejudice to the provisions of article 52, the President shall not be answerable in

any court for anything done or omitted by him in  the exercise or purported exercise of  the

functions of this office, but  this clause  shall not prejudice  the  right of  any person to  take

proceedings against the Government.

(2) During his term of office no criminal proceedings whatsoever shall be instituted or continued against the President in, and no process  for  his  arrest or  imprisonment shall issue

from, any court.

52.   Impeachment of the President.

(1) The President may be impeached on a charge of violating this Constitution or of grave

misconduct, preferred  by a  notice  of motion  signed  by a majority of the  total number  of

members of the Parliament and delivered to the  speaker,  setting out  the particulars  of  the

charges, and the motion shall not be debated earlier than fourteen nor later than thirty days

after  the notice  is so delivered; and  the Speaker shall forthwith summon Parliament if  it  is

not in session.

(2) The Conduct of  the President may be  referred  by Parliament  to  any court,  tribunal or

body appointed or designated by Parliament for the investigation of a charge under this article.

(3) The President shall have the right to appear and to be represented during the consideration of the charge.

(4) If after  the consideration of  the charge a resolution  is passed by Parliament by votes of

not  less than two-thirds of the total number of members declaring that the charge has been

substantiated, the President shall vacate his office on the date on which the resolution is

passed.

(5) Where the Speaker is exercising the functions of the President under article 54 the provisions of this article shall apply subject to the modifications that the reference to the Speaker

in clause (1) shall be construed as a deference to the Deputy Speaker, and that the reference

in clause (4) to the vacation by the President of his office shall be construed as a reference to

the vacation by the Speaker of his office as Speaker; and on the passing of a resolution such

as is referred to in clause (4) the Speaker shall cease to exercise the functions of President.

53.   Removal of President of ground of incapacity

(1) The President may be removed from office on the ground of physical or mental incapacity on a motion of which notice, signed by a majority of the total number of members of Parliament, is delivered to the Speaker, setting out particulars of the alleged incapacity.

(2) On receipt of the notice the Speaker shall forthwith summon Parliament if it is not in session and shall call for a resolution constituting a medical board (hereinafter in this article

called "the Board") and upon the necessary motion being made and carried shall forthwith

cause a copy of the notice to be transmitted to the President together with a request signed

by the Speaker that the President submit himself within a period of ten days from the date of

the request to an examination by the Board.

(3) The motion for  removal shall not be put  to the vote earlier  than  fourteen nor  later  than

thirty days after notice of the motion is delivered to the Speaker, and if it is again necessary

to summon Parliament in order  to  enable the motion  to  be made within that  period,  the

Speaker shall summon Parliament.

(4) The President shall have the right to appear and to be represented during the consideration of the motion.

(5) If the President has not submitted himself to an examination by the Board before the motion is made in Parliament, the motion may be put to the vote, and if it is passed by the votes

of not less than two-thirds of the total number of members of Parliament, the President shall

vacate his office on the date on which the motion is passed.

(6) If before the motion for removal is made is Parliament, the President has submitted himself to an examination by the Board, the motion shall not be put to the vote until the Board

has been given an opportunity of reporting its opinion to Parliament.

(7) If after consideration by Parliament of the motion and of the report of the Board (which

shall be submitted within seven days of the examination held pursuant to clause (2) and if

not so submitted shall be dispensed with) the motion is passed by the votes of not less than

two-thirds of the total number of members of Parliament, the President shall vacate his office on the date on which the resolution is passed.

54.   Speaker to act as President during absence, etc.

If a vacancy occurs in the office of President or if  the President is unable  to discharge the

functions of his office on account of absence, illness or any other cause of Speaker shall discharge those functions until a President is elected or until the President resumes the functions of his office, as the case may be.

CHAPTER II – THE PRIME MINISTER AND THE CABINET

55.   The Cabinet.

(1) There shall be a Cabinet for Bangladesh having the Prime Minister at its head and comprising also such other Minister as the Prime Minister may from time to time designate.

(2) The executive power of the Republic shall, in accordance with this Constitution, be exercised by or on the authority of the Prime Minister.

(3) The Cabinet shall be collectively responsible to Parliament.

(4) All executive actions of  the Government shall be expressed  to be  taken  in the name of

the President.

(5) The President shall by rules specify the manner in which orders and other instruments

made in his name shall be attested of authenticated, and the validity or any order of instrument so attested or authenticated shall not be questioned in any court on the ground that it

was not duly made or executed.

(6) The President shall make rules for  the allocation and transaction of  the business of  the

Government.

56.   Minister.

(1) There shall be Prime Minister, and such other Ministers, Ministers of State and Deputy

Ministers as may be determined by the Prime Minister.

(2) The appointments of the Prime Minister and other Ministers and of the Ministers of State

and Deputy Ministers, shall be made by the President:  Provided  that not less  than  ninetenths of their number shall be appointed from among members of Parliament and not more

than one-tenth of their number may be chosen from among persons qualified for election as

members of Parliament.

(3) The President shall appoint as Prime Minister the member of Parliament who appears to

him to command the support of the majority of the members of Parliament.

(4) If occasion arises for making any appointment under clause (2) of clause (3) between a

dissolution of Parliament and the next following general election of members of Parliament,

the persons who were such members immediately before  the dissolution  shall be  regarded

for the purpose of this clause as counting to be such members. 

57.   Tenure of office of Prime Minister.

(1) The office of the Prime Minister shall be vacant -

(a) if he  resigns  from office at any time by placing his  resignation  in  the hands of  the

President; or

(b) if he ceases to be a member of Parliament.

(2) If the Prime Minister ceases to retain the support of a majority of the members of Parliament, he shall either resign his office or advise the President shall, if he is satisfied that no

other member of Parliament commands the support of the majority of the members of Parliament, dissolve Parliament accordingly.

(3) Nothing in this article shall disqualify the Prime Minister for holding office until his successor has entered upon office.

58.   Tenure of office of other Ministers.

(1) The office of a Minister other than the Prime Minister shall become vacant-

(a) if he resigns from office by placing his resignation in the hands of the Prime Minister

for submission to the President;

(b) if he ceases to be a member of Parliament, but this shall not be applicable to a Minister chosen under the proviso to article 56(2);

(c) if the President, pursuant to the provisions of clause (2), so directs; or

(d) as provided in clause (4).

(2) The Prime Minister may at any time request a Minister to resign, and if such Minister

fails to comply with the request, may advise the President to terminate the appointment of

such Minister.

(3) Nothing in sub-clauses (a), (b), and (d) of clause (1) shall disqualify a Minister for holding office during any period in which Parliament stands dissolved.

(4) If the Prime Minister resigns from or ceases to hold office each of the other Ministers

shall be deemed also to have resigned from office but shall, subject to the provisions of the

Chapter, continue to hold office until his successor has entered upon office.

(5) In this article "Minister" includes Minister of State and Deputy Minister.

58A.  Application of Chapter.

Application of Chapter.- Nothing  in this Chapter, except the provision of article 55(4),  (5)

and (6), shall apply during the period in which Parliament is dissolved or stands dissolved:

Provided  that,  notwithstanding  anything  contained  in  Chapter  IIA,  where  the  President

summons Parliament that has been dissolved to meet under article 72(4), this Chapter shall

apply.

"CHAPTER IIA

NON-PARTY CARE TAKER GOVERNMENT

58B.   Non-Party Care-taker Government

(1) There shall be a Non-Party Care-taker Government during  the period  from the date on

which the Chief Adviser of such government enters upon office after Parliament is dissolved

or  stands dissolved by reason of expiration of  its  term till the date on which a new Prime

Minister enters upon his office after the constitution of Parliament.

(2) The Non-Party Care-taker Government shall be collectively responsible to the President.

(3) The executive power of the Republic shall, during the period mentioned in clause (1), be

exercised, subject  to the provisions of article 58D(1),  in accordance with  this Constitution,

by or on the authority of the Chief Adviser and shall be exercised by him in accordance with

the advice of the Non-Party Care-taker Government.

(4) The provisions of article 55(4), (5) and (6) shall (with the necessary adaptations) apply to

similar matters during the period mentioned in clause (1).

58C. Composition of the Non-Party Care-taker Government, appointment of Advisers, etc.

(1) Non-Party Care-taker Government shall consist of the Chief Adviser at its head and not

more than ten other Advisors, all of whom shall be appointed by the President.

(2) The Chief Adviser and other Advisers shall be appointed within fifteen days after Parliament  is dissolved or  stands dissolved, and during the period between  the date on which

Parliament is dissolved or stands dissolved and the date on which the Chief Adviser is appointed,  the Prime Minister and his cabinet who were  in office  immediately before Parliament was dissolved or stood dissolved shall continue to hold office as such.

(3) The President  shall appoint as Chief Adviser  the person who  among  the  retired Chief

Justices of Bangladesh retired last and who is qualified to be appointed as an Adviser under

this article:

Provided that if such retired Chief Justice is not available or is not willing to hold the office

of Chief Adviser, the President shall appoint as Chief Adviser the person who among the retired Chief Justices of Bangladesh retired next before the last retired Chief Justice.

(4) If no retired Chief Justice  is available or willing to hold the office of Chief Advise, the

President  shall  appoint as Chief Adviser  the person who  among the  retired  Judges  of  the

Appellate Division retired last and who is qualified to be appointed as an Adviser under this

article:

Provided that if such retired Judge is not available or is not willing to hold the office of

Chief Adviser,  the President shall appoint as Chief Adviser the person who among the  retired Judges of the Appellate Division retired next before the last such retired Judge. (5) If no retired judge of the Appellate Division is available or willing to hold the office of

Chief Adviser, the President shall, after consultation, as far as practicable, with the major

political parties, appoint the Chief Adviser from among citizens of Bangladesh who are

qualified to be appointed as Advisers under this article.

(6) Notwithstanding anything contained in this Chapter, if the provisions of clauses (3), (4)

and (5) cannot be given effect to, the President shall assume the functions of the Chief Adviser of the Non-Party Care-taker Government in addition to his own functions under  this

Constitution.

(7) The President shall appoint Advisers from among the persons who are-

(a) qualified for election as members of parliament;

(b) not members of any political party or of any organisation associated with or affiliated

to any political party;

(c) not,  and  have  agreed in writing not  to  be,  candidates for  the ensuing  election of

members of parliament;

(d) not over seventy-two years of age.

(8) The Advisers shall be appointed by the President on the advice of the Chief Adviser.

(9) The Chief Adviser  or  an Adviser may resign his office by writing under his hand  addressed to the President.

(10) The Chief Adviser or an Adviser shall cease to be Chief Adviser or Adviser if he is disqualified to be appointed as such under this article.

(11) The Chief Adviser shall have the status, and shall be entitled to the remuneration and

privileges, of a Prime Minister and an Adviser shall have the status, and shall be entitled to

the remuneration and privileges, of a Minister.

(12) The Non-Party Care-taker Government shall stand dissolved on  the date on which  the

prime Minister enters upon his office after the constitution of new parliament.

58D.  Functions of Non-Party Care-taker Government

(1) The Non-Party Care-taker Government shall discharge  its  functions as an interim government and shall carry on the routine functions of such government with the aid and assistance of persons in the services of the Republic; and, except in the case of necessity for the

discharge of such functions its shall not make any policy decision.

(2) The Non-Party Care-taker Government shall give to the Election Commission all possible aid and assistance  that may be required for bolding  the general election of members of

parliament peacefully, fairly and impartially.58E.   Certain provisions of the Constitution to remain ineffective

Notwithstanding anything contained in articles 48(3), 141A(1) and 141C(1) of the Constitution,  during the  period  the Non-Party Care-taker  government  is  functioning, provisions  in

the constitution requiring the President to act on the advice of the Prime Minister or upon

his prior counter-signature shall be ineffective."

CHAPTER III

LOCAL GOVERNMENT

59.   Local Government

(1) Local Government in every administrative unit of the Republic shall be entrusted to bodies, composed of persons elected in accordance with law.

(2) Everybody such as is referred to in clause (1) shall, subject to this Constitution and any

other law, perform within the appropriate administrative unit such functions as shall be prescribed by Act of Parliament, which may include functions relating to-

(a) Administration and the work of public officers;

(b) the maintenance of public order;

the preparation and implementation of plans relating to public services and economic development.

60.   Powers of local government bodies

For the purpose of giving full effect to the provisions of article 59 Parliament shall, by law,

confer powers on the local government bodies referred to in that article, including power to

impose taxes for local purposes, to prepare their budgets and to maintain funds.

CHAPTER IV-THE DEFENCE SERVICES

61.   Supreme Command

The supreme command of the defence services of Bangladesh shall vest in the President and

the exercise thereof shall be regulated by law 27cand such law shall, during the period in

which there is a Non-Party Care-taker Government under article 58B, be administered by

the President.

62.   Recruitment, etc., of defence services

(1) Parliament shall by law provide for regulating-

(a) the raising  and maintaining  of the  defence services of Bangladesh  and  of  their  reserves;

(b) the grant of commissions therein;

(c) the appointment of Chief of Staff of the defence services, and  their salaries and allowances; and

(d) the discipline and other matters relating to those services and reserves.

(2) Until Parliament  by law  provides  for  the matters specified in clause (1) the President

may, by order, provide for such of them as are not already subject to existing law.

63.   War

(1) War shall not be declared and the Republic shall not participate in any war except with

the assent of Parliament.

CHAPTER-V - THE ATTORNEY GENERAL

64.   The Attorney-General

(1) The President shall appoint a person who  is qualified  to be appointed as a  judge of  the

Supreme Court to be Attorney-General for Bangladesh.

(2) The Attorney-General shall perform such duties as may be assigned to him by the President.

(3) In the performance of his duties, the Attorney-General shall have the right of audience in

all courts of Bangladesh.

(4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.  PART V

THE LEGISLATURE

CHAPTER I – PARLIAMENT

65.   Establishment of Parliament

(1) There shall be a Parliament for Bangladesh (to be known as the House of the Nation) in

which subject to the provisions of this Constitution, shall be vested the legislative powers of

the Republic:

Provided that nothing in this clause shall prevent Parliament from delegating  to any person

or  authority, by Act of Parliament, power  to make orders, rules,  regulations,  bye-laws  or

other instruments having legislative effect.

(2) Parliament shall consist of three hundred members to be elected in accordance with law

from single territorial constituencies by direct election and, for so long as clause (3) is effective, the members provided for in that clause; the member shall be designated as Members

of Parliament.

(3) Until the dissolution of Parliament occurring next after the expiration of the period of ten

years beginning from the date of the first meeting of the Parliament next after the Parliament

in existence at the time of the commencement of the Constitution (Fourteenth Amendment)

Act, 2004, there shall be reserved forty five seats exclusively for women members and they

will be elected by the aforesaid members in accordance with law on the basis of procedure

of proportional representation in the Parliament through single transferable vote :

Provided that nothing in this clause shall be deemed to prevent a woman from being elected

to any of the seats provided for in clause (2) of this article.

(4) The seat of Parliament shall be in the capital.

66.   Qualifications and disqualifications for election to Parliament

(1) A person shall subject to the provisions of clause (2), be qualified to be elected as, and to

be, a member of Parliament if he is a citizen of Bangladesh and has attained the age of

twenty-five years.

(2) A person shall be disqualified for election as, or for being, a member of Parliament who-

(a)   is declared by a competent court to be of unsound mind;

(b) is an undercharged insolvent;

(c)   acquires the citizenship of, or affirms of acknowledges allegiance to, a foreign state;

(d)  has been, on conviction for a criminal offence  involving moral  turpitude, sentenced

to imprisonment for a term of not less than two years unless a period of five years

has elapsed since his release; 31 *

(dd)  holds any office of profit in this service of the Republic other than an office which is

declared by law not to disqualify its holders; or

(g)  is disqualified for such election by or under any law.  (2A) For the purposes of this article a person shall not be deemed to hold an office of profit

in the service of the Republic by reason only that he is a President, Prime Minister, Minister,

Minister of State or Deputy Minister.

(3) [OMITTED]

(4) If any dispute arises as to whether a member of Parliament has, after his election, become subject to any of the disqualifications mentioned in clause (2) or as to whether a member of Parliament should vacate his seat pursuant to article 70, the dispute shall be referred

to the Election Commission to hear and determine it and the decision of the Commission on

such reference shall be final.

(5) Parliament may, by law, make such provision as it deems necessary for empowering the

Election Commission to give full effect to the provisions of clause (4).

67.   Vacation of seats of members

(1) A member of Parliament shall vacate his seat-

(a) if he fails, within the period of ninety days from the date of the first meeting of Parliament after his election, to make and subscribe 40* *  the oath or affirmation prescribed for a member of Parliament in the Third Schedule: Provided that the Speaker

may, before the expiration of that period, for good cause extend it;

(b)  if he is absent from Parliament, without the leave of Parliament, for ninety consecutive sitting days;

(c)  upon a dissolution of Parliament;

(d)  if he has incurred a disqualification under clause (2) of article 66; or

(e)   in the circumstances specified in article 70.

(2) A member of Parliament may resign his seat by writing under his hand addressed to the

Speaker, and the seat shall become vacant when the writing is received by the Speaker or, if

the office of Speaker is vacant or the Speaker is for any reason unable to perform his functions, by the Deputy Speaker.

68.   Remuneration, etc., of members of Parliament

Members of Parliament shall be entitled to such 41 remuneration , allowances and privileges

as may be determined by Act of Parliament or, until so determined, by order made by the

President.

69.   Penalty for member sitting or voting before taking oath

If a person sits or votes as a member of Parliament before he makes or subscribes the oath or

affirmation  in accordance with  this Constitution, or when he knows  that he is not qualified

or is disqualified for membership thereof, he shall be liable in respect of each day on which

he so sits or votes to a penalty of one thousand taka to be recovered as a debt due to the Republic.

70.   Vacation of seat on resignation, etc.

(1) A person elected as a member of Parliament at an election at which he was nominated as

a candidate by a political party shall vacate his seat if he resigns from that party or votes in

Parliament against the party. Explanation. - If a member of Parliament-

(a)   being present in Parliament abstains from voting, or

(b) absents himself from any sitting of Parliament, ignoring the direction of the party

which nominated him at the election as a candidate not to do so, he shall be deemed

to have voted against that party.

(2) If, at any time, any question as to the leadership of the Parliamentary party of a political

party arises, the Speaker shall, within seven days of being informed of it in writing by a person claming the leadership of the majority of the members of that party in Parliament, convince a meeting of all members of Parliament of that party in accordance with the Rules of

procedure of Parliament and determine its Parliamentary leadership by the votes of the majority through division and  if,  in  the matter of voting  in Parliament, any member does not

comply with the direction of the leadership so determined, he shall be deemed to have voted

against that party under clause (1) and shall vacate his seat in the Parliament.

(3)  If  a person,  after  being  elected  a member  of Parliament  as  an  independent  candidate,

joins any political party, he  shall,  for  the purpose of  this article, be deemed  to have been

elected as a nominee of that Party.

71.   Bar against double membership

(1) No person shall at the same time be a member of Parliament in respect of  two or more

constituencies.

(2)Nothing in clause (1) shall prevent a person from being at the same time a candidate for

two or more constituencies, but in the event of his being elected for more than one-

(a)  within  thirty days after his  last election  the person elected shall deliver  to the Chief

Election  Commissioner  a  signed  declaration  specifying  the  constituency which  he

wishes to represent, and the seats of the other constituencies for which he was elected

shall thereupon fall vacant;

(b) if the person elected fails to comply with sub-clause (a) all the seats for which he was

elected shall fall vacant;

(c)  the person elected shall not make or subscribe the oath or affirmation of a member of

Parliament until  the  foregoing  provisions  of this  clause,  so far  as  applicable,  have

been complied with.

72.   Sessions of Parliament

(1) Parliament shall be summoned, prorogued and dissolved by the President by public notification and when summoning Parliament the President shall specify the time and place of

the first meeting: 43 Provided that a period exceeding sixty days shall not intervene between

the end of one session and the first sitting of Parliament in the next session:

Provided further that in the exercise of his functions under this clause, the President shall act

in accordance with the advice of the Prime Minister tendered to him in writing.   (2)  Notwithstanding  the  provisions  of  clause  (1)  Parliament shall  be  summoned  to meet

within thirty days after  the  declaration  of the  results  of  polling  at any general election  of

members of Parliament.

(3) Unless sooner dissolved by the President, Parliament shall stand dissolved on the expiration of the period of five years from the date of its first meeting.

Provided that at any time when the Republic is engaged in war the period may be extended

by Act of Parliament by not more than one year at a time but shall not be so extended beyond six months after the termination of the war.

(4) If after a dissolution and before the holding of  the next general election of members of

Parliament the President is satisfied that owing to the existence of a state of war in which he

Republic is engaged it is necessary to recall Parliament, the President shall summon the Parliament that has been dissolved to meet.

(5) Subject  to  the provisions of  clause  (1)  the  sittings of Parliament  shall be held  at such

times and places as Parliament may, by its rules of procedure or otherwise determine.

73.   President's address and messages to Parliament

(1) The President may address Parliament, and may send messages thereto.

(2) At the commencement to the first session after a general election of members of Parliament and at the commencement of the first session of each year the President shall address

Parliament.

(3) Parliament shall, after the presentation of an address by the President, or the receipt of a

message from him, discuss the matter referred to in such address or message

73A.  Rights of Ministers as respects Parliament

(1) Every Minister  shall have the  right  to  speak  in, and otherwise  to take part  in the proceedings of, Parliament, but shall not be entitled to vote or to speak on any matter not related to his Ministry  unless he is a member of Parliament also. .

(2) In this article, "Minister" includes a Prime Minister, Minister of State and Deputy Minister.

74.   Speaker and Deputy Speaker

(1) Parliament shall at the first sitting after any general election elect from among its members a Speaker and a deputy Speaker, and if either office becomes vacant shall within seven

days or, if Parliament is not then sitting, at its first meeting thereafter, elect one of its members to fill the vacancy.(2) The Speaker or Deputy Speaker shall vacate his office-

(a) if he ceases to be a member of Parliament;

(b) if he becomes a Minister;

(c)  if Parliament passes a  resolution  (after not less  than  fourteen days, notice has been

given of the intention to move the resolution) supported by the votes of a majority of

all the members thereof, requiring his removal from office;

(d)  if he resigns his office by writing under his hand delivered to the President;

(e)   if after a general election another member enters upon that office; or

(f) in the case of the Deputy Speaker, if he enters upon the office of Speaker.

(3) While the office of the Speaker is vacant or the Speaker is 48 acting as  President, or if it

is determined by Parliament that the Speaker is otherwise unable to perform the functions of

his office, those functions shall be performed by the Deputy Speaker or, if the office of the

Deputy Speaker is vacant, by such member of Parliament as may be determined by or under

the rules of procedure of Parliament; and during the absence of the Speaker from any sitting

of Parliament the Deputy Speaker or, if he also is absent, such person as may be determined

by or under the rules of procedure, shall act as Speaker.

(4) At any sitting of Parliament, while a resolution for the removal of the Speaker from his

office is under consideration the Speaker (or while  any resolution for  the  removal  of  the

Deputy Speaker  form his office  is under consideration,  the Deputy Speaker) shall not preside, and the provisions of clause (3) shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be the Deputy Speaker

is absent.

(5) The Speaker or the Deputy Speaker, as the case may be, shall have the right to speak in,

and otherwise to take part in, the proceedings of Parliament while any resolution for his removal from office is under consideration in Parliament, and shall be entitled to vote but only

as a member.

(6) Notwithstanding the provisions of clause (2) the Speaker or, as the case may be, the deputy speaker, shall be demeed to continue to hold office until his successor has entered upon

office.

75.   Rules of procedure, quorum, etc.

(1) Subject to this Constitution-

(a)  the procedure of Parliament shall be regulated by rules of procedure made by it, and

until such rules are made shall be regulated by rules of procedure made by the President;

(b) a decision in Parliament shall be taken by a majority of the votes of the members present and voting, but the person presiding shall not vote except when there is an equality of votes, in which case he shall exercise a casting vote;

(c) no proceeding in Parliament shall be invalid by reason only that there is a vacancy in

the membership thereof or that a person who was not entitled to do so was present at,

or voted or otherwise participated in, the proceeding.  (2) If at any time during which Parliament is in session the attention of the person presiding

is drawn to the fact that the number of members present is less than sixty, he shall either suspend the meeting until at least sixty members are present, or adjourn it.

76.   Stading committees of Parliament

(1) Parliament  shall appoint from among  its members  the  following  standing committees,

that is to say-

(a)  a public accounts committee;

(b) committee of privileges; and

(c)   such other standing committees as the rules of procedure of Parliament require.

(2)  In addition to the  committees referred to in  clause (1), Parliament shall  appoint other

standing committees, and a committee so appointed may, subject to his Constitution and to

any other law-

(a)  examine draft Bills and other legislative proposals;

(b)  review the enforcement of laws and propose measures for such enforcement;

(c) in relation to any matter referred to it by Parliament as a matter of public importance,

investigate or  inquire  into  the activities or administration of a Ministry and may require  it  to furnish,  through an authorised representative, relevant information and  to

answer questions, orally or in writing;

(d)  perform any other function assigned to it by Parliament.

(3) Parliament may by law confer on committees appointed under this article powers for-

(a) enforcing the attendance of witnesses and examining then on oath, affirmation or

otherwise;

(b)  compelling the production of documents.

77.   Ombudsman

(1) Parliament may, by law, provide for the establishment of the office of Ombudsman.

(2) The Ombudsman shall exercise such powers and perform such  functions as Parliament

may, by law, determine, including the power to investigate any action taken by a Ministry, a

public officer or a statutory public authority.

(3) The Ombudsman shall prepare  an  annual  report concerning  the discharge of his  functions, and such report shall be laid before Parliament.

78.   Privileges and immunities of Parliament and members

(1) The validity of the proceedings in Parliament shall not be questioned in any court.

(2) A member or officer of Parliament in whom powers are vested for the regulation of procedure, the conduct of business or the maintenance of order in Parliament, shall not in relation to the exercise by him of any such powers be subject to the jurisdiction of any court.  (3) A member of Parliament shall not be liable to proceedings in any court in respect of anything said, or any vote given, by him in Parliament or in any committed thereof. (4) A person shall not be liable to proceedings in any court in respect of the publication by or under

the authority of Parliament of any report, paper, vote or proceeding. (5) Subject to this article, the privileges of Parliament and of its committees and members may be determined by

Act of Parliament.

79.   Secretariat of Parliament

(1) Parliament shall have its own Secretariat. Secretariat of Parliament.

(2) Parliament may, by law,  regulate  the  recruitment  and  conditions of  service of persons

appointed to the secretariat of Parliament.

(3) Until  provision  is made by Parliament the  President may, after consultation with the

Speaker, make rules  regulating  the  recruitment  and  condition  of  service  of  persons  appointed to the secretariat of Parliament, and rules so made shall have effect subject to the

provisions of any law.

CHAPTER II- LEGISLATIVE AND FINANCIAL PROCEDURES

80.   Legislative procedure

(1) Every proposal in Parliament for making law shall be made in the form of a Bill.

(2) When a Bill is passed by Parliament it shall be presented to the President for assent.

(3) The President, within fifteen days after a Bill is presented to him shall assent to the

Bill or, in the case of a Bill other than a money Bill may return it to parliament with a message requesting that the Bill or any particular provisions thereof by reconsidered, and that

any amendments specified by him in the message be considered; and if he fails so to do he

shall be deemed to have assented to the Bill at the expiration of that period.

(4) If the President so returns the Bill Parliament shall consider it together with the President's message, and if the Bill is again passed by Parliament with or without amendments 51

by the votes of a majority of the total number of members of Parliament  ,  it shall be presented to the President for his assent, whereupon the President shall assent to the Bill within

the period of seven days after it has been presented to him, and if he fails to do so he shall be

deemed to have assented to the Bill on the expiration of that period.

(5) When the President has assented or is deemed to have assented to a Bill passed by Parliament it shall become law and shall be called an Act of Parliament.

81.   Money Bills

(1) In this Part "Money Bill" means a Bill containing only provisions dealing with all or any

of the following matters-

(a) the imposition, regulation, alteration, remission or repeal of any tax;

(b) the borrowing of money or the giving of any guarantee by the Government, or the

amendment of any law relating to the financial obligations of the Government;  (c)  the custody of the Consolidated Fund, the payment of money into, or the issue or appropriation of moneys from, the Fund;

(d)  the imposition of a charge upon the Consolidated Fund, or the alteration or abolition

of any such charge;

(e)  the receipt of moneys on account of the Consolidated Fund or the Public Account of

the Republic, or the custody or issue of such moneys, or the audit of the accounts of

the Government;

(f) any subordinate matter incidental to any of the matters specified in the foregoing

sub-clauses.

(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition or alteration of any fine or other pecuniary penalty, or for the levy or payment of a

licence fee or a fee or charge for any service rendered, or by reason only that it provides for

the imposition, regulation, alteration, remission or repeal of any tax by a local authority or

body for local purposes.

(3) Every Money Bill shall, when it is presented to the President for his assent, bear a certificate under the hand of the Speaker that it is a Money Bill, and such certificate shall be

conclusive for all purposes and shall not be questioned in any court.

82.   Recommendation for financial measures

No Money Bill, or any Bill which involves expenditure from public moneys, shall be introduced into Parliament except on the recommendation of the President:

Provided  that no  recommendation shall be required under  this article  for  the moving of an

amendment making provision for the reduction or abolition of any tax.

83.   Mo taxation except by or under Act of Parliament

No tax shall be levied or collected except by or under the authority of an Act of Parliament.

84.   Consolidated Fund and the Public Account of the Republic

(1) All  revenues  received by the Government, all loans  raised by the Government, and all

moneys received by it in repayment of any loan, shall form part of one fund to be known as

the Consolidated Fund.

(2) All other public moneys received by or on behalf of the Government shall be credited to

the Public Account of the Republic.

85.   Regulation of public moneys

The custody of public moneys, their payment into and the withdrawal from the Consolidated

Fund or, as the case may be, the Public Account of the Republic, and matters connected with

or ancillary to the matters aforesaid, shall be regulated by Act of Parliament, and until provision in that behalf is so made, by rules made by the President.  86.   Moneys payable to Public Account of Republic

All moneys received by or deposited with-

(a)  any person employed in the service of the Republic or in connection with the affairs

of the Republic, other than revenues or moneys which by virtue of clause (1) of article 84 shall form part of the Consolidated Fund; or

(b) any court to the credit of any cause, matter, account or persons, shall be paid into the Public Account of the Republic.

87.   Annual financial statement

(1) There shall be laid before Parliament in respect of each financial year, a statement of the estimated receipts and expenditure of the Government for that year, in this Part referred to as the annual financial statement.

(2) The annual financial statement shall show separately-

(a)  the sums required to meet expenditure charged by or under this Constitution upon the

Consolidated Fund; and

(b)  the sums required to meet other expenditure proposed to be made from the Consolidated Fund; and shall distinguish expenditure on revenue account from other expenditure.

88.   Charges on Consolidated Fund

The following expenditure shall be charged upon the Consolidated Fund-

a)  the remuneration payable to the President and other expenditure relating to his office;

(b) the remuneration payable to-

(i) the Speaker and Deputy Speaker

(ii) the Judges of the 53 Supreme Court 54* * *

(iii) the Comptroller and Auditor-General;

(iv) the Election Commissioners;

(v) the members of the Public Service Commissions;

(c) the administrative expenses of, including  remuneration payable  to, officers and servants of Parliament, the Supreme Court 55* * the Comptroller and Auditor- General,

the Election Commission and the Public Service Commissions;

(d) all debt charges for which the Government is liable, including interest, sinking fund

charges,  the  repayment or amortisation of capital, and other expenditure in connection with the raising of loans and the service and redemption of debt;

(e) any sums required to satisfy a judgment, decree or award against the Republic by any

court or tribunal; and

(f)  any other expenditure charged upon the Consolidated Fund by this Constitution or by

Act of Parliament.

89.   Procedure relating to annual financial statement

(1) So much of the annual financial statement  as  relates  to  expenditure  charged  upon  the

Consolidated Fund may be discussed  in, but  shall not be submitted  to the vote of, Parliament.  (2) So much of the annual financial statement as relates to other expenditure shall be submitted to Parliament in the form of demands for grants, and Parliament shall have power to assent to or to refuse to assent to any demand, or to assent to it subject to a reduction of the

amount specified therein.

(3) No demand for a grant shall be made except on the recommendation of the President.

90.   Appropriation Act

(1) As soon as may be after the grants under article 89 have been made by Parliament there

shall be introduced in Parliament a Bill to provide for appropriation out of the Consolidated

Fund of all moneys required to meet-

(a)   the grants so made by Parliament; and

(b)  the expenditure charged on the Consolidated Fund but not exceeding in any case the

amount shown in the annual financial statement laid before Parliament.

(2) No amendment shall be proposed in Parliament to any such Bill which has the effect of

varying the amount of any grant so made or altering the purpose to which it is to be applied,

or of varying the amount of any expenditure charged on the Consolidated Fund.

(3)  Subject  to  the  provisions  of  this Constitution  no money shall  be withdrawn  from the

Consolidated Fund except under appropriation made by law passed  in accordance with the

provisions of this article.

91.   Supplementary and excess grants

If in respect of any financial year it is found-

(a) that the amount authorised to be expended for a particular service for the current financial year is insufficient or that a need has arisen for expenditure upon some new

service not included in the annual financial statement for that year; or

(b)  that any money has been spent on a service during a financial year  in excess of  the

amount granted for that service for that year. the President shall have power to

authorise expenditure from the Consolidated Fund whether or not it is charged by or

under the Constitution upon that Fund and shall cause to be laid before Parliament a

supplementary financial statement  setting out the estimated amount of  the expenditure or, as the case may be an excess financial statement setting out the amount of the

excess, and the provisions of articles 87 to 90 shall (with the necessary adaptations)

apply in relation to those statements as they apply in relation to the annual financial

statement.

92.   Votes on account, votes of credit, etc.

(1) Notwithstanding anything in the foregoing provisions of this Chapter, Parliament shall have power-

(a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 89 for the voting

of such grant and the passing of a law in accordance with the provisions of article 90 in relation to that expenditure;(b)  to make a grant for meeting an unexpected demand upon  the resources of  the Republic

when on account of the magnitude or the indefinite character of the service the demand cannot be specified with the details ordinarily given in an annual financial statement;

(c) to make an exceptional grant which forms no part of the current service of any financial

year; and Parliament shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund for the purposes for which such grants are made.

(2) The provisions of articles 89 and 90 shall have effect in relation to the making of any

grant under clause (1), and to any law to be made under that clause, as they have effect in relation to the making of a grant with regard  to any expenditure mentioned  in  the annual financial statement and to the law to be made for the authorisation of appropriation of moneys

out of the Consolidated Fund to meet such expenditure.

(3) Notwithstanding anything contained in the foregoing provisions of the this Chapter, if, in respect of a financial year, Parliament-

(a) has failed to make the grants under article 89 and pass the law under article 90 before the

beginning of that year and has not also made any grant in advance under this article; or

(b) has failed to make the grants under article 89 and pass the law under article 90 before the

expiration of the period for which the grants in advance, if any, were made under this article,

the President may, upon the advice of the prime Minister, by order, authorise the withdrawal

from the Consolidated Fund moneys necessary to meet expenditure mentioned in the financial statement for that year for a period not exceeding sixty days in year, pending the making

of the grants and passing of the law.

CHAPTER III- ORDINANCE MAKING POWER

93.  (1) At any time when Parliament  stands dissolved or is not in session , if the President is

satisfied that circumstances exist which render immediate action necessary, he may make

and promulgate such Ordinances as the circumstances appear to him to require, and any Ordinance so made shall, as from its promulgation have the like force of law as an Act of Parliament:

Provided that no Ordinance under this clause shall make any provision-

(i) which could not lawfully be made under this Constitution by Act of Parliament;

(ii) for altering or repealing any provision of this Constitution; or

(iii) continuing in force any provision of an Ordinance previously made.

(2) An Ordinance made under clause (1) shall be laid before Parliament at  its first meeting

following the promulgation of the Ordinance and shall, unless it is earlier repealed, cease to

have effect at the expiration of thirty days after it is so laid or, if a resolution disapproving of

the Ordinance is passed by Parliament before such expiration, upon the passing of the resolution.

(3) At any time when Parliament stands dissolved the President may, if he is satisfied that

circumstances exist which render such action necessary, make and promulgate an Ordinance

authorising expenditure from the Consolidated Fund, whether the expenditure is charged by

the Constitution upon that fund or not, and any Ordinance so made shall, as from its promulgation, have the like force of law as an Act of Parliament.(4) Every Ordinance promulgated under clause (3) shall be laid before Parliament as soon as

may be, and the provisions  for articles 87, 89 and 90 shall, with necessary adaptations, be

complied with in respect thereof within thirty days of the reconstitution of Parliament.

PART VI

THE JUDICIARY

CHAPTER I- THE SUPREME COURT

94.   Establishment of Supreme Court

(1) There shall be a Supreme Court for Bangladesh (to be Known as the Supreme Court of

Bangladesh) comprising the Appeallate Division and the High Court Division.

(2) The Supreme Court shall consist of the Chief Justice, to be known as the Chief Justice of

Bangladesh, and such number of other Judges as the President may deem it necessary to appoint to each division.

(3) The Chief Justice, and  the Judges appointed to the Appellate Division, shall sit only in

that division, and the other Judges shall sit only in the High Court Division.

(4) Subject to the provisions of this Constitution the Chief Justice and the other Judges shall

be independent in the exercise of their judicial functions.

95.   Appointment of Judges

(1) The Chief Justice and other Judges shall be appointed by the President.

(2) A person shall not be qualified for appointment as a Judge unless he is a citizen of Bangladesh and-

(a) has, for not less than ten years, been a advocate of the Supreme Court; or

(b) has, for not less than ten years, helf judicial office in the territory of Bangladesh; or

(c) has such other qualifications as may be prescribed by law for appointment as a Judge of

the Supreme Court.

(3)  In this  articles,  "Supreme Court" includes 'a Court which at  any time before the  commencement of  the Second Proclamation  (Tenth Amendment) Order, 1977, exercised  jurisdiction as a High Court or Supreme Court in the territory now forming part of Bangladesh.

96.   Tenure of office of Judges

(1) Subject to the other provisions of this article, a Judge shall hold office until he attains the

age of 60 sixty-seven  years.

(2) A Judge shall not be removed from office except in accordance with the following provisions of this article.

(3) There shall be a Supreme Judicial Council, in this article referred to as the council,

which shall consist of the Chief Justice of Bangladesh, and the two next senior Judges:

Provided that if, at any time, the Council is inquiring into the capacity or conduct of a Judge

who is a member of the Council, or a member of the Council is absent or is unable to act due

to illness or other cause, the Judge who is next in seniority to those who are members of the

Council shall act as such member.  (4) The function of the Council shall be-

(a) to prescribe a Code of Conduct to be observed by the Judges; and

(b) to inquire into the capacity or conduct of a Judge or of any other functionary who is not

removable from office except in like manner as a Judge.

(5) Where, upon any information  received  from the Council or  from any other  source, the

President has reason to apprehend that a Judge-

(a) may have ceased to be capable of properly performing the functions of his office by reason of physical or mental incapacity, or

(b) may have been guilty of gross misconduct, the President may direct the Council to inquire into the matter and report its finding.

(6) If, after making the inquiry, the Council reports to the President that in its opinion the

Judge has ceased to be capable of properly performing the functions of his office or has been

guilty of gross misconduct, the President shall, by order, remove the Judge from office.

(7) For the purpose of an inquiry this article, the Council shall regulate its procedure and

shall have,  in  respect of issue and execution of processes,  the same power as  the Supreme

Court.

(8) A Judge may resign his office by writing under his hand addressed to the President.

97.   Temporary appointment of Chief Justice

If the office of the Chief Justice becomes vacant, or if the President is satisfied that the Chief

Justice is, on account of absence, illness, or any other cause, unable to perform the functions

of his office, those functions shall, until some other person has entered upon  that office, or

until the Chief Justice has resumed his duties, as the case may be, be performed by the next

most senior Judge of the Appellate Division.

98.   Additional Supreme Court Judges

Notwithstanding the provisions of article 94, if the President is satisfied that the number of

the  Judge  of  a  division of  the Supreme Court  should be  for  the  time being  increased,  the

President may appoint one or more duly qualified person to be Additional Judges of that division for such period not exceeding  two years as he may specify, or, if he thinks fit, may

require a Judge of the High Court Division to sit in the Appellate Division for any temporary period as an ad hoc Judge and such Judge while so sitting shall exercise the same jurisdiction, powers and functions as a Judge of the Appellate Division.

Provided that nothing in this article shall prevent a person appointed as an Additional Judge

from being appointed as a Judge under article 95 or as an Additional Judge for a further period under this article.

99.   Disabilities of Judges

(1) Except as provided in clause (2), a person who has held office as a Judge otherwise than

as an Additional Judge shall not, after his retirement or removal therefrom, plead or act before any court or authority or hold any office or profit in the service of the Republic not being a judicial or quasi-judicial office 60a or the office of Chief Adviser or Adviser .  (2) A person who has held office as a Judge of  the High Court Division may, after his  retirement or removal therefrom, plead or act before the Appellate Division.

100.  Seat of Supreme Court

The permanent seat of the Supreme Court, shall be  in the capital, but sessions of  the High Court Division may be held at such other place or places as the Chief Justice may, with the approval of the President, from time to time appoint. Article 100 as amended by the said Act runs thus:- "100. Seat of Surpreme Court.-

(1) Subject to this article, the permanent seat of the Supreme Court shall be in the capital.

(2) The High Court Division and the Judges thereo shall sit at the permanent seat of the Supreme Court and at the seats of its permanent Benches.

(3) The High Court Division shall have a permanent Bench each at Barisal, Chittagong,

Comilla, Jessore, Rangpur and Sylhet, and each permanent Bench shall have such Benches

as the Chief Justice may determine from time to time.

(4) A permanent Bench shall consist of such number of Judges of the High Court Division

as the Chief Justice may deem it necessary to nominate to that Bench from time to time and

on such nomination the Judges shall be deemed to have been transferred to that Bench.

(5) The President shall, in consultation with the Chief Justice, assign the area in relation to

which  each permanent Bench  shall  have jurisdictions, powers  and functions  conferred or

that may be conferred on the High Court Division by this Constitution or any other law; and

the area not so assigned shall be the area in relation to which the HighCourt Division sitting

at the permanent seat of the Supreme Court Shall have such jurisdictions, powers and functions.

(6) The Chef  Justice shall make rules  to provide  for  all incidental,  supplenental or  consequential matters relating to the permanent Benches."

101.   Jurisdiction of High Court Division

The High Court Division shall have such original, appeallate and other jurisdictions, powers

and functions as are or may be conferred on it by this Constitution or any other law.

102.   Powers of High Court Division to issue certain orders and directions, etc.

(1) The High Court Division on the application of any person aggrieved, may give such directions or orders to any person or authority, including any person performing any function

in connection with the affairs of the Republic, as may be appropriate for the enforcement of

any the fundamental rights conferred by Part III of this Constitution.  (2) The High Court Division may, if  satisfied  that no  other equally efficacious  remedy is

provided by law-

(a) on the application of any person aggrieved, make an order-

(i) directing a person performing any functions  in connection with the affairs of  the

Republic or of a local authority to refrain from doing that which he is not permitted

by law to do or to do that which he is required by law to do; or

(ii) declaring that any act done or proceeding taken by a person performing functions

in connection with the affairs of the Republic or of a local authority has been done or

taken without lawful authority and is of no legal effect; or

(b) on the application of any person, make an order-

(i) directing that a person in custody be brought before it so that it may satisfy itself

that he is not being held in custody without lawful authority or in an unlawful manner; or

(ii) requiring a person holding or purporting to hold a public office to show under

whatauthority he claims to hold that office.

(3) Notwithstanding  anything  contained  in  the  foregoing clauses,  the High Court Division

shall have no power under  this article  to pass any interim or other order  in relation  to any

law to which article 47 applies.

(4) Whereon an application made under clause (1) or sub-clause (a) of clause (2), an interim

order is prayed for and such interim order is likely to have the effect of-

(a) prejudicing or interfering with any measure designed to implement any development programme, or any development work; or

(b) being otherwise harmful to the public interest, the High Court Division shall not make an

interim order unless  the Attorney-General has been given reasonable notice of  the application and he (or an advocate authorised by him in that behalf) has been given an opportunity

or  being  heard,  and the High Court Division is satisfied  that  the  interim order would not

have the effect refered to in sub-clause (a) or sub-clause (b).

(5) In this article, unless the context otherwise requires, "person" includes a statutory public

authority and any court or tribunal, other than a court or tribunal established under a law relating to the defence services of Bangladesh or any disciplined force or a tribunal to which

article 117 applies.

103.   Jurisdiction of Appellate Division

(1) The Appellate Division shall have jurisdiction to hear and determine appeals from judgments, decrees, orders or sentences of the High Court Division.

(2) An appeal to the Appeallate Division from a judgment, decree, order or sentence of the

High Court Division shall lie as of right where the High Court Division-

(a) certifies that the case involves a substantial question of law as to the interpretation of this

constitution ; or

(b) has sentenced a person to death or to 62 imprisonment  for life, or

(c)  has  imposed  punishment on  a  person  for  contempt of  that  division;  and  in  such  other

cases as may be provided for by Act of Parliament.  (3) An  appeal  to  the Appellate Division for  a  judgment,  decree,  order  or  sentence  of  the

High Court Division in a case to which clause (2) does not apply shall lie only if the Appellate Division grants leave to appeal.

(4) Parliament may by law declare that the provisions of this article shall apply in relation to

any other court or tribunal as they apply in relation to the High Court Division.

104.   Issue and ececution of processis of Appellate Division

The Appellate Division shall have power to issue such directions, orders, decrees or writs as

may be necessary for doing complete  justice  in any cause or matter pending before  it,  including orders for the purpose of securing the attendance or any person or the discovery or

production of any document.

105.   Review of Judgments or orders by Appellate Division

The Appellate Division shall have power, subject to the provisions of any Act of Parliament

and of any rules made by that division to review any judgment pronounced or order made by

it.

106.   Advisory jurisdiction of Supreme Court

If at any time it appears to the President that a question of law has arisen, or is likely to

arise, which is of such a nature and of such public importance that it is expedient to obtain

the opinion of the Supreme Court upon it, he may refer the question to the Appellate Division  for  consideration  and  the  division may, after  such hearing  as  it  thinks  fit,  report  its

opinion thereon to the President.

107.   Rule making power of the Supreme Court

(1) Subject to any law made by Parliament the Supreme Court may, with the approval of the

President, make rules for  regulating  the practice and procedure of each division of  the Supreme Court and of any court subordinate to it.

(2) The Supreme Court may delegate any of its functions under clause (1) and article 113 to

a division of that Court or to one or more Judges.

(3)  Subject  to  any rules made under  this  article  the Chief Justice  shall determine which

Judge are to constitute any Bench of a division of the Supreme Court 63* * * * * and which

Judges are to sit for any purpose.

(4) The Chief  Justice may authorise  the  next most  senior-Judge  of either Division  of  the

Supreme Court to exercise in that division any of the powers conferred by clause (3) or by

rules made under this article.

108.   Supreme Court as court of record

The Supreme Court shall be a court of record and shall have all the powers of such a court

including the power subject to law to make an order for the investigation of or punishment

for any contempt of itself. 

109.   Superintendence and control over courts

The High Court shall  have superintendence  and  control  over  all  courts  64  and  tribunals

subordinate to it.

110.   Transfer of cases from subordinate courts to High Court Division

If  the High Court Division  is  satisfied  that a case pending  in a Court  subordinate to  it  involves a substantial question of law as to the interpretation of this Constitution, or on a point

of general public importance, the determination of which in necessary for the disposal of the

case, it shall withdraw the case from that court and may-

(a) either dispose of the case itself; or

(b) determine the question of law and return the case to the court from which it has been so

withdrawn (or transfer it to another subordinate court) together with a copy of the judgement

of the division on such question, and the court to which the case is so returned or trnasferred

shall, on receipt thereof, proceed to dispose of the case in conformity with such judgement.

111.   Binding effect of Supreme Court judgments

The law declared by the Appellate Division shall be binding on the High Court Division and

the law declared by either division of the Supreme Court shall be binding on all courts subordinate to it.

112.   Action in aid of Supreme Court

Al authorities, executive and judicial, in the Republic shall act in aid of the Supreme Court.

113.   Staff of Supreme Court

(1) Appointments of the  staff of  the Supreme Court  shall be made by the Chief  Justice or

such other judge or officer of that Court as he may direct, and shall be made in accordance

with rules made with the previous approval of the President by the Supreme Court.

(2) Subject to the provisions of any Act of Parliament the conditions of service of members

of the staff of the Supreme Court shall be such as may be prescribed by rules made by that

court.

CHAPTER II - SUBORDINATE COURTS

114.   Establishment of subordinate courts

There shall be in addition to the Supreme Court 65* *  such  courts  subordinate thereto  as may be established by law.

115.   Appointments to subordinate courts

Appointments of persons to offices in the judicial service or as magistrates exercising judicial functions shall be made by the President in accordance with rules made by him in that behalf.

116.   Control and discipline of subordinate courts

The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the 67 President 68 and shall be exercised by him in consultation with the Supreme Court.

116A. judicial officers to be independent in the exercise of their functions

117.   Administrative tribunals

(1) Notwithstanding anything hereinbefore contained, Parliament may be law establish one

or more  administrative  tribunals  to exercise  jurisdiction  in respect of matter  relating  to or arising out of-

(a) the terms and conditions of persons in the service of the Republic, including the matters

provided for in Part IX and the award of penalties or punishment;

(b)  the  acquisition,  administration, management and  disposal of any property vested  in  or

managed by the Government by or under any law, including the operation and management

of, and service in any nationalised enterprise or statutory public authority;

(c) any law to which clause (3) of article 102 applies.

(2) Where any administrative tribunal  is established under  this article, no court shall entertain any proceedings or make any order in respect of any matter falling within the jurisdiction of such tribunal: Provided that Parliament may, by law, provide for appeals from, or the review of, decisions of any such tribunal.

PART VII

ELECTIONS

118.   Establishment of Election Commission

(1) There shall an Election Commission for Bangladesh consisting of a Chief Election

Commissioner and such number of other Election Commissioners, if any as the President

may from time to time direct, and the appointment of the Chief Election Commissioner and

other Election commissioners (if any) shall, subject to the provisions of any law made in that

behalf, be made by the President.

(2) When the Election Commission consists of more than one person, the Chief Election

Commissioner shall act as the chairman thereof.

(3) Subject to the provisions of this Constitution the term of office of an Election Commissioner shall be five years from the date on which he enters upon his office, and-

(a) a person who has held office as Chief Election Commissioner  shall not be eligible  for

appointment in the service of the Republic;

(b) any other election Commissioner shall, on ceasing to hold office as such, be eligible for

appointment as Chief Election Commissioner but shall not be otherwise eligible for appointment in the service of the Republic.

(4) The Election Commission shall be independent in the exercise of its functions and subject only to this Constitution and any other law.

(5) Subject to the provisions of any law made by Parliament, the conditions of service of

Election Commissioners shall be such as the President may, by order, determine:

Provided that an Election Commissioner shall not be removed from his office except in like

manner and on the like grounds as a judge of the 72 Supreme Court.

(6) An Election Commissioner may resign his office by writing under his hand address  to

the President.

119.   Functions of Election Commission

(1) The  superintendence,  direction  and  control  of the  preparation  of  the  election rolls  for

elections to the office or President and to Parliament and the conduct of such elections shall

vest  in  the Election Commission which  shall,  in accordance with his Constitution and any

other law-

(a) hold elections to the office of President;

(b) hold elections of members of Parliament;

(c) delimit the constituencies for thepurpose of elections to Parliament; and

(d) prepare electroral roles for the purpose of elections to the office of President and to Parliament.

(2) The Election Commission shall perform such functions, in addition to those specified in

the foregoing clauses, as may be prescribed by this Constitution or by any other law.

 120.   Staff of Election Commission

The President shall, when so requested by the Election Commission, make available to it

such staff as may be necessary for the discharge of its functions under this Part.

121.   Single electoral roll for each constituency

There shall be one electoral roll for each constituency for the purposes of elections to Parliament, and no special electoral roll shall be prepared so as to classify electors according to

religion, race caste or sex.

122.   Qualifications for registration as voter

(1) The elections to Parliament shall be on the basis of adult franchise.

(2) A person shall be entitled to be enrolled on the electoral roll for a constituency delimited

the purpose of election to Parliament, if he-

(a) is a citizen of Bangladesh;

(b) is not less than eighteen years of age;

(c) does not stand declared by a competent court to be of unsound mind; 75 and

(d) is or is deemed by law to be a resident of that consituency 76 .

123.   Time for holding elections

(1) In the case of a vacancy in the office of President occurring by reason of the expiration

of his term of office an election to fill the vacancy shall be helf within the period of ninety to

sixty days prior to the date of expiration of the term:

Provided  that  if  the  term expires  before  the  dissolution  of the Parliament  by members  of

which he was elected  the  election to  fill the vacancy shall not be held until after  the next

general election of members of Parliament, but shall be held within thirty days after the first

sitting of Parliament following such general election.

(2) In the case of a vacancy in the office of President occurring by reason of the death, resignation or removal of the President, an election to fill the vacancy shall be held within the

period of ninety days after the occurrence of the vacancy.

(3) A general election of members of Parliament shall be held within ninety days after Parliament  is dissolved, whether by reason of  the  expiration of its  term or otherwise  than by

reason of such expiration.

(4) An election to fill the seat of a member of Parliament which falls vacant otherwise than

by reason of the dissolution of Parliament shall be helf within ninety days of the occurrence

of the vacancy  :

Provided that in a case where, in the opinion of the Chief Election Commissioner, it is not

possible,  for  reasons of an act of God,  to hold such election within  the period specified in

this clause, such election shall be held within ninety days following next after the last day of

such period.  

124.   Parliament may make provision as to elections

Subject  to  the provisions of  this Constitution, Parliament may by law make provision with

respect  to all matters relating to or  in connection with election to Parliament, including the

delimitation of constituencies, the preparation of electoral rolls, the holding of elections, and

all other matters necessary for securing the due Constitution of Parliament.

125.   Validity of election law and elections

Notwithstanding anything in this Constitution-

(a) the validity of any law relating to the delimitation of constituencies, or the allotment of

seats  to such constituencies, made or purporting  to be made under article 124, shall not be

called in question in any court;

(b) no election to the 82 offices of President 83 * *  or to Parliament shall be called in question except by an election petition presented to such authority and in such manner as may be

provided for by or under any law made by Parliament.

126.   Executive authorities to assist Election Commission

It shall be the duty of all executive authorities to assist the Election Commission in the discharge of its functions.

PART VIII

THE COMPTROLLER AND AUDITOR-GENERAL

127.   Establishment of office of Auditor-General

(1) There shall be a Comptroller and Auditor-General of Bangladesh (hereinafter referred to

as the Auditor-General) who shall be appointed by the President.

(2) Subject to the provisions of this Constitution and of any law made by Parliament, the

conditions of service of  the Auditor-General  shall be such as  the President may, by order,

determine.

128.   Functions of Auditor-General

(1) The public accounts of the Republic and of all courts of law and all authorities and officers of the Government shall be audited and reported on by the Auditor-General and for that

purpose he or any person authorised by him in that behalf shall have access to all records,

books, vouchers, documents, cash, stamps, securities, stores or other government property in

the possession of any person in the service of the Republic.

(2) Without prejudice to the provisions of clause (1), if it is prescribed by law in the case of

any body corportate directly established by law, the accounts of that body corporate shall be

audited and reported on by such person as may be so prescribed.

(3) Parliament may by law require the Auditor-General  to exercise such functions,  in addition to those specified in clause (1), as such law may prescribe, and until provision is made

by law under this clause the President may, by order, make such provision.

(4) The Auditor-General, in the exercise of this functions under clause (1), shall not be subject to the direction or control of any other person or authority.

129.   Term of office of Auditor-General

(1) The Auditor-General shall, subject  to  the provisions of  this article, hold office  for  five

years from the date on which he entered upon his office, or until he attains the age of sixtyfive years, whichever is earlier.

(2) The Auditor-General shall not be removed from his office except in like manner and on

the like ground as a judge of the 84 Supreme Court .

(3) The Auditor-General may resign his office by writing under his hand addressed to  the

President.

(4) On ceasing to hold office the Auditor-General shall not be eligible for further office in

the service of the Republic.

130.   Acting Auditor-General

At any time when the office of Auditor-General is vacant, or the President is satisfied that

the Auditor-General is unable to perform his functions on account of absence, illness or any

other cause, the President may appoint a person to act as Auditor-General and to perform the

functions of that office until an appointment is made under article 127 or, as the case may be

until the Auditor-General resumes the functions of his office.

131.   Form and manner of keeping public accounts

The public accounts of  the Republic shall be kept  in such  form and  in such manner as  the

Auditor-General may, with the approval of the President, prescribe.

132.   Reports of Auditor-General to be laid before Parliament

The reports of the Auditor-General relating to the Reports of public accounts of the Republic shall be submitted to the President, who shall cause them to be laid before Parliament. 

PART IX

THE SERVICES OF BANGLADESH CHAPTER1 SERVICES

133.   Appointment and conditions of service

Subject  to  the provisions of  this Constitution Parliament may by law  regulate  the appointment and conditions of service of person in the service of the Republic:

Provided  that it shall be competent  for  the President to make  rules  regulating  the appointment and the conditions of service such person until provision in that behalf is made by or

under any law, and rules so made shall have effect subject to the provisions of any such law.

134. Tenure of office

Except as otherwise provided by this Constitution every person in the service of the Republic shall hold office during the pleasure of the President.

135.   Dismissal, etc., of civilian public officers

(1) No person who holds any civil post in the service of the Republic shall be dismissed or

removed or reduced in rank by an authority subordinate to that by which he was appointed.

(2) No such person shall be dismissed or removed or reduced in rank until he has been given

a reasonable opportunity of showing cause why that action should not be taken:

Provided that this clause shall not apply-

(i) where  a  person  is  dismissed  or  removed  or  reduced  in rank  on  the  ground  of

conduct which has led to his conviction of a criminal offence; or

(ii) where the authority empowered to dismiss or remove a person or to reduce him

in rank is satisfied that, for a reason recorded by that authority in writing, it is not

reasonably practicable to give that person an opportunity of showing cause; or

(iii) where the President is satisfied that in the interests of the security of the State it

is not expedient to give that person such an opportunity.

(3) If in respect of such a person the question arises whether it is reasonably practicable to

give him an opportunity to show cause in accordance with clause (2), the dicision thereon of

the authority empowered to dismiss or remove such person or to reduce him in rank shall be

final.

(4) Where a person is employed in the service of the Republic under a written contract and

that contract is terminated by due notice in accordance with its terms, he shall not, by reason

thereof, be regarded as removed from office for the purposes of this article.

136.   Reorganisation of service

Provision may be made by law for  the reorganisation of  the service of  the Republic by the

creation, amalgamation or unification of services and such law may vary or revoke any condition of service of a person employed in the service of the Republic.

137.   Establishment of Commissions

Provision shall be made by law for establishing one or more public service commissions for

Bangladesh, each of which shall consist of a chairman and such other members as shall be

prescribed by law.  138.   Appointment of members

(1) The chairman and other members of each public service commission shall be appointed

by the President.

Provided that not less than one-half of the members of a commission shall be persons who

have held office for twenty years or more in the service of any government which has at any

time functioned within the territory of Bangladesh.

(2) Subject  to any law made by Parliament  the  conditions of  service of the  chairman and

other members of a public service commission shall be such as the President may, by order,

determine.

139.   Term of office

(1) The term of office of  the chairman and other members of a public service commission

shall, subject to the provisions of this article, expire five years after the date on which he entered upon his office, or when he attains the age of sixty-five years, whichever is earlier;

(2) The chairman and other members of such a commission shall be removed from office

except in like manner and on he like grounds as a judge of the 85 Supreme Court .

(3) A chairman or other member of a public service commission may resign his office by

writing under his hand addressed to the President.

(4) On ceasing to hold office a mamber of a public service commission shall not be eligible

for  further  employment in  the  service  of  the  Republic,  but,  subject  to  the  provisions  of

clause (1)-

(a) a chairman so ceasing shall be eligible for re-appointment for one further term; and

(b) a member  (other  than  the chairman) so ceasing shall be eligible  for  re-appointment for

one further term or for appointment as chairman of a public service commission.

140.   Functions of Commissions

(1) The functions of a public service commission shall be-

(a) to conduct tests examinations for the selection of suitable persons for appointment of the

service of the Republic;

(b) to advise the President on any matter on which the commission is consulted under clause

(2) or on any matter connected with its functions which is referred to the commission by the

President; and

(c) such other functions as may be prescribed by law.

(2) Subject to the provisions of any law made by Parliament, and any regulation (not inconsistent with such law) which may be made by the President after consultation with a commission, the President shall consult a commission with respect to-

(a) matters  relating to qualifications  for, and methods of  recruitment  to,  the service of the

Republic;

(b) the principles to be followed in making appointments to that service and promotions and

transfers from one branch of the service to another, and the suitability of candidates for such

appointment, promotions and transfers;

(c) matters affecting the terms and conditions (including person rights) of that service; and  (d) the discipline of the service.

141.   Annual report

(1) Each commission shall, not later than the first day of March each year, prepare and submit to the President a report of the performance of its functions during the period ended on

the previous 31st day of December.

(2) The report shall be accompanied by a memorandum setting out, so far as is known to the

commission-

(a) the cases, if any, in which its advise was not accepted and the reasons why it was not

accepted;

(b) the cases where the commission ought to have been consulted and was not consulted,

and the reasons why it was not consulted.

(3) The President shall cause the report and memorandum to be laid before Parliament at its

first meeting held after 31st March in the year in which the report was submitted.

PART IXA

EMERGENCY PROVISIONS

141A.  Proclamation of Emergency

(1) If the President is satisfied that a grave emergency exists in which the security or economic life of Bangladesh, or any part thereof, is threatened by war or external aggression or

internal disturbance, he may issue a Proclamation of Emergency:

Provided that such Proclamation shall require for its validity the prior counter signature of

the Prime Minister.

(2) A Proclamation of Emergency-

(a) may be revoked by a subsequent Proclamation;

(b) shall be laid before Parliament;

(c) shall cease to operate at the expiration of one hundred and twenty days, unless before the

expiration of that period it has been approved by a resolution of Parliament:

Provided that if any such Proclamation is issued at a time when Parliament stands dissolved

or  the dissolution  of Parliament  takes place  during  the period  of one  hundred  and twenty

days referred to in sub-clause (c), the Proclamation shall cease to operate at the expiration of

thirty days from the date on which Parliament first meets after its re-constitution, unless before that expiration of the meets after its re-constitution, unless before that expiration of the

said period of  thirty days a resolution approving the Proclamation has been passed by Parliament.

(3) A  Proclamation  of  Emergency declaring  that the security of Bangladesh, or any part

thereof, is threatened by war or external aggression or by internal disturbance may be made

before the actual occurrence of war or any such aggression or disturbance if the President is

satisfied that there is imminent danger thereof.

141B.  Suspension of provisions of certain articles during emergencies

While a Proclamation of Emergency is in operation, nothing  in articles 36, 37, 38, 39, 40

and 42 shall restrict the power of the State to make any law or to take any executive action

which  the State would, but for  the provisions contained  in Part  III of  this Constitution, be

competent to make or to take, but any law so made shall, to the extent of the incompetence,

cease to have effect as soon as the Proclamation ceases to operate, except as respects things

done or omitted to be done before the law so ceases to have effect.

141C. Suspenion of enforcement of fundamental right during emergencies

(1) While a Proclamation of Emergency is in operation, the President may, 89 on the written

advice of the Prime Minister, by order , declare that the right to move any court for the enforcement of such of the rights conferred by Part III of this Constitution as may be specified

in the order, and  all proceedings pending  in any court  for  the  enforcement of  the  right  so

specified, shall remain suspended for the period during which the Proclamation is in force or

for such shorter period as may be specified in the order.

(2) An  order made under  this  article may extend to  the whole  of Bangladesh  or  any part

thereof.  (3) Every order made under this article shall, as soon as may be, be laid before Parliament.  PART X

AMENDMENT OF THE CONSTITUTION

142.   Power to amend any provision of the Constitution

(1)  Notwithstanding anything contained in this Constitution-

(a) any provision thereof may by 92 amended by way of addition, alteration, substitution or

repeal  by Act of Parliament:

Provided that-

(i) no Bill for such amendment 91* * shall be allowed to proceed unless the long title

thereof expressly states that it will amend 91* * a provision of the Constitution;

(ii) no such Bill shall be presented to the President for assent unless it is passed by

the votes of not less than two-thirds of the total number of members of Parliament;

(b) when a Bill passed as aforesaid is presented to the President for his assent he shall,

within the period of seven days after the Bill is presented to him assent to the Bill, and if he

fails so to do he shall be deemed to have assented to it on the expiration of that period.

(1A) Notwithstanding anything contained in clause (1), when a Bill, passed as a aforesaid,,

which provides for the amendment of the Preamble or any provisions of articles 8, 48, 56 or

this article, is presented to the President for assent, the President, shall within the period of

seven days, after the Bill is presented to him, cause to be referred to a referendum the question whether the Bill should or should not be assented to.

(1B) A referendum under this article shall be conducted by the Election Commission, within

such period and in such manner as may be provided by law, amongst the person enrolled on

the electoral roll prepared for the purpose of election to Parliament.

(1C) On the day on which the result of the referendum conducted in relation to a Bill under

this article is declared, the President shal be deemed to have-

(a) assented to the Bill, if the majority of the total votes cast are in favour of the Bill being

assented to; or

(b) Withheld assent therefrom, if the majority of the total votes cast are not in favour of the

Bill being assented to.

1D)  Nothing in  clause  (1C)  shall  be  deemed to  be an expression  of confidence  or  noconfidence in the Cabinet or Parliament

(2) Nothing in article 26 shall apply to any amendment made under this article.  PART XI

MISCELLANEOUS

143.   Property of the Republic

(1) There shall vest in the Republic, in addition  to  any other  land  or  property lawfully

vested-

(a) all minerals and other things of value underlying any land of Bangladesh;

(b) all  lands, minerals and other  things of value underlying  the ocean within the  territorial

waters, or the ocean over the continental shelf, of Bangladesh; and

(c) any property located in Bangladesh that has no rightful owner.

(2) Parliament may from time to time by law provide for the determination of the boundaries

of the territory of Bangladesh and of the territorial waters and the continental shelf of Bangladesh.

144.   Executive authority in relation to property, trade, etc.

The executive authority of the Republic shall extend to the acquisition, sale, transfer, mortgage and disposal of property, the carrying on of any trade or business and  the making of

any contract.

145.   Contracts and deeds

(1) All contracts and deeds made in exercise of the executive authority of the Republic shall

be expressed to be made by the President, and shall be executed on behalf of the President

by such person and in such manner as he may direct or authorise.

(2) Where a contract or deed is made or executed in exercise of the executive authority of

the Republic, neither the President nor any other person making or executing the contract or

deed in exercise of the authority shall be personally liable in respect thereof, but this article

shall not prejudice the right of any person to take proceedings against the Government.

145A.  International treaties

All treaties with foreign countries shall be submitted to the President, who shall cause them

to be laid before Parliament:

Provided that any such treaty connected with national security shall be laid in a secret session of Parliament

146.   Suits in name of Bangladesh

The Government of Bangladesh may sue or be sued by the name of Bangladesh.

147.   Remuneration, etc., of certain officers

(1) The remuneration, privileges and other terms and conditions of service of a person holding or acting in any office to which this article applies shall be determined by or under Act

of parliament, but until they are so determined-

(a) they shall be those (if any) appertaining to the person holding or, as the case may be acting in the office in question immediately before the commencement of this Constitution; or

(b) if the preceding sub-clause is not applicable, they shall be determined by order made by

the President.  (2) The remuneration, privileges and other terms and conditions of service of a person holding or acting in any office to which this article applies shall not be varied  to  the disadvantage of any such person during his term of office.

(3) No person appointed to or acting in any office to which this article applies shall hold any

arise, post or position of profit or emolument or take any part whatsoever in the management

or conduct of any company, association or body having profit or gain as its object:

Provided that  such person  shall not  for  the purposes of  this clause be deemed  to hold any

such  office, post  or  position  by reason  only that he holds  or  is  acting  in  the  office  first

above-mentioned.

(4) This article applies to the offices of -

(a) President;

(b) Prime Minister and Chief Advisor;

(c) Speaker or Deputy Speaker;

(d) Minister, Advisor, Minister of State or Deputy Minister;

(e) Judge of the Supreme Court;

(f) Comptroller and Auditor-General;

(g) Election Commissioner;

(h) Member of a public service commission.

148.   Oaths of office

(1) A person elected or appointed to any office mentioned in the Third Schedule shall before

entering upon the office make and subscribe an oath or affirmation (in this article referred to

as "an oath") in accordance with that Schedule.

(2) Where under this Constitution an oath is required to be administrated by a specified person, it may be administered by such other person and at such place as may be designated by

that person.

(2A) If, within three days next after publication through official Gazette of the result of a

general election of members of Parliament under clause (3) of article 123, the person specified under  the Constitution  for  the purpose or such other person designated by that person

for the purpose,  is unable to, or does not, administer oath to the newly elected members of

Parliament, on any account, the Chief Election Commissioner shall administer such oath

within three days next thereafter, as if, he is the person specified under the Constitution for

the purpose.

(3) Where under this Constitution a person is required to make an oath before he enters upon

an office he shall be deemed to have entered upon the office immediately after he makes the

oath.

149.   Saving for existing laws

Subject to the provisions of this Constitution all existing laws shall continue to have effect

but may be amended or repealed by law made under this Constitution.

150.   Transitional and temporary provisions

The transitional and temporary provisions set out in the Fourth Schedule shall have effect

notwithstanding any other provisions of this Constitution.

151.   Repeals

The following President's Orders are hereby repealed-

(a) The laws Continuance Enforcement Order made on 10th April, 1971;

(b) The Provisional Constitution of Bangladesh Order, 1972;

(c) The High Court of Bangladesh Order, 1972 (P.O. No. 5 of 1972);

(d) The Bangladesh Comptroller and Auditor-General Order, 1972 (P.O. No. 15 of 1972)

(e) The Constituent Assembly of Bangladesh Order, 1972 (P.O. No. 22 of 1972)

(f) The Bangladesh Election Commission Order, 1972 (P.O. No. 25 of 1972)

(g) The Bangladesh Public Service Commissions Order 1972 (P.O. No. 34 of 1972)

(h) The Bangladesh Transaction of Government Business Order, 1972 (P.O. No. 58 of 1972)

152.   Interpretation

(1) In this Constitution, except where the subject or context otherwise requires-

Interpretation "Administrative unit" means a district or other area designated by law for the

purposes of article 59;

"Advisor" means a person appointed to that office under article 58C;

"the Appellate Division" means the Appellate Division of the Supreme Court;

"article" means an article of this Constitution;

"borrowing" includes the raising of money by annuity, and "loan" shall be construed accordingly;

"the capital" has the meaning assigned to that expression in article 5;

"Chief Adviser" means a person appointed to that office under article 58C.

"Chief Election Commissioner" means a person appointed to that office under article 118;

"The Chief Justice" means the Chief Justice of Bangladesh;

"citizen" means a person who is a citizen of Bangladesh according to the law relating to citizenship;

"clause" means a clause of the article in which the expression occurs;

"court" means any court of law including Supreme Court;

"debt" includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and "debt charge" shall be construed accordingly;  "disciplinary law" means a law regulating the discipline of any disciplined force;

"disciplined force" means-

(a) the army navy or air force;

(b) the police force;

(c) any other force declared by law to be a disciplined force within the meaning of this definition;

"district judge" includes additional district judge;

"existing law" means any law in force in, or in any part of, the territory of Bangladesh immediately before the commencement of this Constitution, whether or not it has been brought

into operation;

"financial year" means a year commencing on the first day of July;

"guarantee" includes any obligation undertaken before the commencement of this Constitution to make payments in the event of the profits of an undertaking falling short of a specified amount;

"the High Court Division" means the High Court Division of the Supreme Court;

"judge" means a judge of a division of the Supreme Court;

"judicial service" means a service comprising person holding judicial posts not being posts

superior to that of a district judge;

"law" means any Act, ordinance, order rule, regulation, bye-law, notification or other  legal

instrument, and any custom or usage, having the force of law in Bangladesh;

"Parliament" means the Parliament for Bangladesh established by article 65;

"Part" means a Part of this Constitution;

"pension" means a pension, whether contributory or not, of any kind whatsoever payable to

or in respect of any person, and includes retired pay or gratuity so payable by way of the return or any addition thereto of subscriptions to a provident fund;

"political party" includes a group or combination of persons who operate within or outside

Parliament under a distinctive name and who hold themselves out for the purpose of propagating a political opinion or engaging in any other political activity;

"the President" means  the President  of Bangladesh  elected  under  this Constitution or any

person for the time being acting in that office;  "property" includes property of every description movable or immovable corporeal or incorporeal,  and commercial  and  industrial  undertakings,  and  any right or  interest  in  any such

property or undertaking;

"public notification" means a notification in the Bangladesh Gazette.

"public officer" means person holding or acting in any office of emolument in the service of

the Republic;

"the Republic" means the People's Republic of Bangladesh;

"Schedule" means a schedule to this Constitution;

"securities" includes stock;

"the service of the Republic" means any service, post or office whether in a civil or military

capacity, in respect of the Government of Bangladesh, and any other service declared by law

to be a service of the Republic;

"session",  in relation to Parliament, means  the  sittings of Parliament  commencing when  it

first meets after the commencement of this Constitution or after a prorogation or dissolution

of Parliament and terminating when Parliament is prorogued or dissolved;

"sitting" in relation to Parliament, means  a period during which Parliament is  sitting  continuously without adjournment;

"the Speaker" means the person for the time being holding the office of Speaker pursuant to

article 74;

"the State" includes Parliament, the Government and statutory public authorities;

"statutory public authority" means any authority, corporation  or  body the  activities  or  the

principal activities of which are authorised by any Act, ordinance, order or instrument having the force of law in Bangladesh;

"sub-clause" means a sub-clause of the clause in which the expression occurs;

"the Supreme Court" means the Supreme Court of Bangladesh constituted by article 94;

"taxation" includes the imposition of any tax, rate, duty or impost, whether general, local or

special, and "tax" shall be construed accordingly ;

(2) The General Clauses Act, 1897 shall apply in relation to-

(a) this Constitution as it applies in relation to an Act of Parliament;

(b) any enactment repealed by this Constitution, or which by virtue thereof becomes void or

ceases to have effect, as it applies in relation to any enactment repealed by Act of Parliament.

153.   Commencement, citation and authenticity

(1) This Constitution may be cited as the Constitution of  the People's Republic of Bangladesh and shall come into force on the sixteenth day of December, 1972, in this Constitution

referred to as the commencement of this Constitution.

(2) There shall be an authentic text of this Constitution in Bengali, and an authentic text of

an authorised translation in English, both of which shall be certified as such by the Speaker

of the Constituent Assembly.

(3) A text certified in accordance with clause (2) shall be conclusive evidence of the provisions of this Constitution:

Provided that in the event of conflict between the Bengali and the English text, the Bengali

text shall prevail.

The Constitution of the United States: A Transcription Note: The following text is a transcription of the Constitution in its original form.  Items that are hyperlinked have since been amended or superseded. We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. Article. I. Section. 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section. 2. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment. Section. 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof for six Years; and each Senator shall have one Vote. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. Section. 4. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. Section. 5. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting. Section. 6. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. Section. 7. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. Section. 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow Money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; To establish Post Offices and post Roads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; To constitute Tribunals inferior to the supreme Court; To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Section. 9. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. No Bill of Attainder or ex post facto Law shall be passed. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken. No Tax or Duty shall be laid on Articles exported from any State. No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another. No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. Section. 10. No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress. No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay. Article. II. Section. 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President. The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States. No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States. In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected. The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." Section. 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session. Section. 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. Section. 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. Article III. Section. 1. The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office. Section. 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State,--between Citizens of different States,--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. Section. 3. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted. Article. IV. Section. 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. Section. 2. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. Section. 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. Section. 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence. Article. V. The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. Article. VI. All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. Article. VII. The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same. The Word, "the," being interlined between the seventh and eighth Lines of the first Page, the Word "Thirty" being partly written on an Erazure in the fifteenth Line of the first Page, The Words "is tried" being interlined between the thirty second and thirty third Lines of the first Page and the Word "the" being interlined between the forty third and forty fourth Lines of the second Page. Attest William Jackson Secretary done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independance of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names, G°. Washington Presidt and deputy from Virginia Delaware Geo: Read Gunning Bedford jun John Dickinson Richard Bassett Jaco: Broom Maryland James McHenry Dan of St Thos. Jenifer Danl. Carroll Virginia John Blair James Madison Jr. North Carolina Wm. Blount Richd. Dobbs Spaight Hu Williamson South Carolina J. Rutledge Charles Cotesworth Pinckney Charles Pinckney Pierce Butler Georgia William Few Abr Baldwin New Hampshire John Langdon Nicholas Gilman Massachusetts Nathaniel Gorham Rufus King Connecticut Wm. Saml. Johnson Roger Sherman New York Alexander Hamilton New Jersey Wil: Livingston David Brearley Wm. Paterson Jona: Dayton Pennsylvania B Franklin Thomas Mifflin Robt. Morris Geo. Clymer Thos. FitzSimons Jared Ingersoll James Wilson Gouv Morris For biographies of the non-signing delegates to the Constitutional Convention, see the Founding Fathers page.  Ref. http://www.archives.gov/exhibits/charters/constitution_transcript.html

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT

An Act to constitute the Commonwealth of Australia              

[9th July 1900]

  Whereas the people of New South Wales, Victoria, South Australia, 

Queensland, and Tasmania, humbly relying on the blessing of Almighty God, 

have agreed to unite in one indissoluble Federal Commonwealth under the 

Crown of the United Kingdom of Great Britain and Ireland, and under the 

Constitution hereby established:

  And whereas it is expedient to provide for the admission into the 

Commonwealth of other Australasian Colonies and possessions of the 

Queen:

  Be it therefore enacted by the Queen's most Excellent Majesty, 

by and with the advice and consent of the Lords Spiritual and Temporal, 

and Commons, in this present Parliament assembled, and by the 

authority of the same, as follows:-

  1. This Act may be cited as the Commonwealth of Australia 

Constitution Act.

  2. The provisions of this Act referring to the Queen shall extend 

to Her Majesty's heirs and successors in the sovereignty of the 

United Kingdom.

  3. It shall be lawful for the Queen, with the advice of the Privy 

Council, to declare by proclamation that, on and after a day therein 

appointed, not being later that one year after the passing of this Act, 

the people of New South Wales, Victoria, South Australia, Queensland 

and Tasmania, and also, if Her Majesty is satisfied that the people of 

Western Australia have agreed thereto, of Western Australia, shall be 

united in a Federal Commonwealth under the name of the Commonwealth of 

Australia. But the Queen may, at any time after the proclamation, 

appoint a Governor-General for the Commonwealth.

  4. The Commonwealth shall be established, and the Constitution of the 

Commonwealth shall take effect, on and after the day so appointed. But 

the Parliaments of the several colonies may at any time after the 

passing of this Act make any such laws, to come into operation on the 

day so appointed, as they might have made of the Constitution had taken

effect at the passing of this Act.

  5. This Act, and all laws made by the Parliament of the Commonwealth 

under the Constitution, shall be binding on the courts, judges, and people

of every State and of every part of the Commonwealth, notwithstanding 

anything in the laws of any State; and the laws of the Commonwealth 

shall be in force on all British ships, the Queen's ships of war 

excepted, whose first port of clearance and whose port of destination 

are in the Commonwealth.

  6. "The Commonwealth" shall mean the Commonwealth of Australia as 

established under this Act.

  "The States" shall mean such of the colonies of New South Wales, New 

Zealand, Queensland, Tasmania, Victoria, Western Australia, and South 

Australia, including the northern territory of South Australia, as for 

the time being are parts of the Commonwealth, and such colonies or 

territories as may be admitted into or established by the Commonwealth 

as States; and each of such parts of the Commonwealth shall be called "a

State".

  "Original States" shall mean such States as are parts of the 

Commonwealth at its establishment.

  7. The Federal Council of Australasia Act, 1885, is hereby repealed, 

but so as not to affect any laws passed by the Federal Council of

Australasia and in force at the establishment of the Commonwealth.

  Any such law may be repealed as to any State by the Parliament of 

the Commonwealth, or as to any  colony not being a State by the 

Parliament  thereof.

  8. After the passing of this Act the Colonial Boundaries Act, 1895, 

shall not apply to any colony which becomes a State of the Commonwealth;

but the Commonwealth shall be taken to be a self-governing colony for 

the purposes of that Act.

  9. The Constitution of the Commonwealth shall be as follows:-

Chapter I  The Parliament                            Part I General

  1. The legislative power of the Commonwealth shall be vested in a 

Federal Parliament, which shall consist of the Queen, a Senate, and 

a House of Representatives, and which is herein-after called "The 

Parliament," or "The Parliament of the Commonwealth."

 2. A Governor-General appointed by the Queen shall be Her Majesty's 

representative in the Commonwealth, and shall have and may exercise 

in the Commonwealth during the Queen's pleasure, but subject to this 

Constitution, such powers and functions of the Queen as Her Majesty 

may be pleased to assign to him.

  3. There shall be payable to the Queen out of the Consolidated 

Revenue fund of the Commonwealth, for the salary of the Governor-

General, an annual sum which, until the Parliament otherwise provides, 

shall be ten thousand pounds.

  The salary of the Governor-General shall not be altered during his 

continuance in office.

  4. The provisions of this Constitution relating to the Governor-

General extend and apply to the Governor-General for the time being, or

such person as the Queen may appoint to administer the Government of 

the Commonwealth; but no such person shall be entitled to receive any

salary from the Commonwealth in respect of any other office during his

administration of the Government of the  Commonwealth.

  5. The Governor-General may appoint such times for holding the 

sessions of the Parliament as he thinks fit, and may also from time to

time, by Proclamation or otherwise, prorogue the Parliament, and may in

like manner dissolve the House of Representatives.

  After any general election the Parliament shall be summoned to meet 

not later than thirty days after the day appointed for the return of the

writs.

  The Parliament shall be summoned to meet not later than six months 

after the establishment of the Commonwealth.

  6. There shall be a session of the Parliament once at least in every 

year, so that twelve months shall not intervene between the last 

sitting of the  Parliament in one session and its first sitting in the 

nextsession.

                                          Part II The Senate

  7. The Senate shall be composed of senators for each State, directly 

chosen by the people of the State, voting, until the Parliament otherwise

provides, as one electorate.

  But until the Parliament of the Commonwealth otherwise provides, the 

Parliament of the State of Queensland, if that State be an Original 

State, may make laws dividing the State into divisions and determining 

the number of senators to be chosen for each division, and in the 

absence of such provision the State shall be one electorate.

 Until the Parliament otherwise provides there shall be six senators 

for each Original State. The Parliament may make laws increasing or 

diminishing the number of senators for each State, but so that equal 

representation of the several Original States shall be maintained and 

that no Original State shall have less than six senators. {** Note: 

number of senators for each State increased to 10 by the Representation 

Act 1948-49, S.4 **}

  The senators shall be chosen for a term of six years, and the names 

of the senators chosen for each State shall be certified by the 

Government to the Governor-General.

 8. The qualification of electors of senators shall be in each State 

that which is prescribed by this Constitution, or by the Parliament, 

as the qualification for electors of members of the House of 

Representatives; but in the choosing of senators each elector shall 

vote only once.

  9. The Parliament of the Commonwealth may make laws prescribing the 

method of choosing senators, but so that the method shall be uniform for

all the States. Subject to any such law, the Parliament of each State 

may make laws prescribing the method of choosing the senators for 

that State.

  The Parliament of a State may make laws for determining the times 

and places of elections of senators for the State.

  10. Until the Parliament otherwise provides, but subject to this 

constitution, the laws in force in each State, for the time being, 

relating to elections for the more numerous House of the Parliament 

of the State shall, as nearly as practicable, apply to elections of 

senators for the State.

  11. The Senate may proceed to despatch of business, notwithstanding 

the failure of any State to provide for its representation in the 

Senate.

  12. The Governor of any State may cause writs to be issued for 

elections of senators for the State. In case of the dissolution of 

the Senate the writs shall be issued within ten days from the 

proclamation of such dissolution.

  13. As soon as may be after the Senate first meets, and after each 

first meeting of the Senate following a dissolution thereof, the 

Senate shall divide the senators chosen for each State into two 

classes, as nearly equal in number as practicable; and the places of 

the senators of the first class shall become vacant at the expiration 

of three years, and the places of those of the second class at the 

expiration of six years, from the beginning of their term of service' 

and afterwards the places of senators shall be vacant at the expiration

of six years from the beginning of their term of service.

  The election to fill vacant places shall be made within one year 

before the places are to become vacant.

  For the purpose of this section the term of service of a senator 

shall be taken to begin on the first day of July following the day of 

his election, except in the cases of the first election and of the 

election next after any dissolution of the Senate, when it shall be 

taken to begin on the first day of July preceding the day of his 

election.

  14. Whenever the number of senators for a State is increased or 

diminished, the Parliament of the Commonwealth may make such provision 

for the vacating of the places of senators for the State as it deems 

necessary to maintain regularity in the rotation.

  15. If the place of a senator becomes vacant before the expiration 

of his term of service, the Houses of Parliament of the State for 

which he was chosen shall, sitting and voting together, choose a 

person to hold the place until the expiration of the term, or until 

the election of a successor as herein-after provided, whichever first 

happens. But if the Houses of Parliament of the State are not in 

session at the time when the vacancy is notified, the Governor of 

the State, with the advice of the Executive Council thereof, may 

appoint a person to hold the place until the expiration of fourteen 

days after the beginning of the next session of the Parliament of the

State, or until the election of a  successor, whichever first happens.

  At the next general election of members of the House of 

Representatives, or at the next election of senators for the State,

whichever first happens, a successor shall, if the term has not then 

expired, be chosen to hold the place from the date of his election 

until the expiration of the term.

  The name of any senator so chosen or appointed shall be certified 

by the Governor of the State to the Governor-General.

  16. The qualification of a senator shall be the same as those of a 

member of the House of Representatives.

  17. The Senate shall, before proceeding to the despatch of any other 

business, choose a senator to be to President of the Senate; and as often

as the office of President becomes vacant the Senate shall again choose a

senator to be the President.

  The President shall cease to hold his office if he ceases to be a 

senator. He may be removed from office by a vote of the Senate, or he may

resign his office or his seat by writing addressed to the Governor-General.

  18. Before or during any absence of the President, the Senate may choose 

a senator to perform his duties in his absence.

  19. A senator may by writing addressed to the President, or to the 

Governor-General if there is no President or if the President is absent 

from the Commonwealth, resign his place, which thereupon shall become 

vacant.

  20. The place of a senator shall become vacant if for two consecutive 

months of any session of the Parliament he, without the permission of 

the Senate, fails to attend the Senate.

  21. Whenever a vacancy happens in the Senate, the President, or if 

there is no President or if the President is absent from the 

Commonwealth the Governor-General, shall notify the same to the 

Governor of the State in the representation of which the vacancy 

has happened.

  22. Until the Parliament otherwise provides, the presence of at 

least one-third of the whole number of the senators shall be necessary 

to constitute a meeting of the Senate for the exercise of its powers.

  23. Questions arising in the Senate shall be determined by a majority 

of votes, and each senator shall have one vote. The President shall in 

all cases be entitled to a vote; and when the votes are equal the 

question shall pass in the negative.

                             Part III The House of Representatives

  24. The House of Representatives shall be composed of members directly 

chosen by the people of the Commonwealth, and the number of such members 

shall be, as nearly as practicable, twice the number of senators.

  The number of members chosen in the several States shall be in 

proportion to the respective members of their people, and shall, until 

the Parliament otherwise provides, be determined, whenever necessary, 

in the following manner:-

  (i.) A quota shall be ascertained by dividing the number of the people 

of the Commonwealth, as shown by the latest statistics of the

Commonwealth, by twice the number of senators:

  (ii.) The number of members to be chosen in each State shall be 

determined by dividing the number of people of the State, as shown by the

latest statistics of the Commonwealth, by the quota; and if on such

division there is a remainder greater than one-half of the quota, one 

more member shall be chosen in the State.

  But notwithstanding anything in this section, five members at least 

shall be chosen in each Original State.

  25. For the purposes of the last section, if by the law of any 

State all persons of any race are disqualified from voting at elections 

for the more numerous House of the Parliament of the State, then, in 

reckoning the number of the people of the State or of the Commonwealth,

persons of the race resident in  that State shall not be counted.

  26. Notwithstanding anything in section twenty-four, the number of 

members tobe chosen in each State at the first election shall be as 

follows:-

        New South Wales         ..      ..      ..  twenty-three;

        Victoria        ..      ..      ..      ..  twenty;

        Queensland      ..      ..      ..      ..  eight;

        South Australia ..      ..      ..      ..  six;

        Tasmania        ..      ..      ..      ..  five;

Provided that if Western Australia is an Original State, the numbers 

shall be as follows:-

        New South Wales         ..      ..      ..  twenty-six;

        Victoria        ..      ..      ..      ..  twenty-three;

        Queensland      ..      ..      ..      ..  nine;

        South Australia         ..      ..      ..  seven;

        Western Australia       ..      ..      ..  five;

        Tasmania        ..      ..      ..      ..  five.

  27. Subject to this Constitution, the Parliament may make laws for 

increasing or diminishing the number of the members of the House of

Representatives.

  28. Every House of Representatives shall continue for three years 

from the first meeting of the House, and no longer, but may be soon 

dissolved by the Governor-General.

  29. Until the Parliament of the Commonwealth otherwise provides, 

the Parliament of any State may make laws for determining the divisions 

in each State for which members of the House of Representatives may be 

chosen, and the number of members to be chosen for each division. A 

division shall not be formed out of parts of different States.

  In the absence of other provision each State shall be one electorate.

  30.Until the Parliament otherwise provides, the qualification of 

electors of members of the House of Representatives shall be in each 

State that which is prescribed by the law of the State as the 

qualification of electors of the more numerous House of Parliament of 

the State; but in the choosing of members each elector shall vote 

only once.

  31. Until the parliament otherwise provides, but subject to this 

Constitution, the laws in force in each State for the time being relating

to elections for the more numerous House of the Parliament of the State

shall, as nearly as practicable, apply to elections in the State of 

members of the House of Representatives.

  32. The Governer-General in Council may cause writs to be issued for 

general elections of members of the House of Representatives.

  After the first general election, the writs shall be issued withing 

ten days from the expiry of a House of Representatives or from the 

proclamation of a dissolution thereof.

  33. Whenever a vacancy happens in the House of Representatives, the 

Speaker shall issue his writ for the election of a new member, or if 

there is no Speaker or if he is absent from the Commonwealth for

Governor-General in Council may  issue the writ.

  34. Until the Parliament otherwise provides, the qualifications of a 

member of the House of Representatives shall be as follows:-

  (i.)  He must be of the full age of twenty-one years, and must be an 

elector entitled to vote at the election of members of the House of 

Representatives, or a person qualifies to become such elector, and must

have been for three years at the least a resident within the limits of 

the Commonwealth as existing at the time when he was chosen:

  (ii.) He must be a subject of the Queen, either natural-born or for at 

least five years naturalized under a law of the United Kingdom, or of a 

Colony which has become or becomes a State, or of the Commonwealth, or of 

a State.

  35. The House of Representatives shall, before proceeding to the despatch 

of any other business, choose a member to be the Speaker of the House, and 

as often as the office of Speaker becomes vacant the House shall again

choose a member to be the Speaker.

  The Speaker shall cease to hold his office if he ceases to be a member. 

He may be removed from office by a vote of the House, or he may resign his

office or his seat by writing addressed to the Governor-General.

  36. Before or during any absence of the Speaker, the House of 

Representatives may choose a member to perform his duties in his absence.

  37. A member may by writing addressed to the Speaker, or to the Governor-

General if there is no Speaker or if the Speaker is absent from the 

Commonwealth, resign his place, which there-upon shall become vacant.

  38. The place of a member shall become vacant if for two consecutive months of

any session of the Parliament he, without the permission of the House, fails to

attend the House.

  39. Until the Parliament otherwise provides, the presence of at least one-

third of the whole number of the members of the House of Representatives shall 

be necessary to constitute a meeting of the House for the exercise of it's 

powers.

  40. Questions arising in the House of Representatives shall be determined by a

majority of votes other than that of the Speaker. The Speaker shall not vote 

unless the numbers are equal, and then he shall have a casting vote.

                                          Part IV Both Houses of the Parliament

  41. No adult person who has or acquires a right to vote at elections for the 

more numerous House of the Parliament of a State shall, while the right 

continues, be prevented by any law of the Commonwealth from voting at elections

for either House of the Parliament of the Commonwealth.

  42. Every senator and every member of the House of Representatives shall 

before taking his seat make and subscribe before the Governor-General, or some 

person authorised by him, an oath or affirmation of allegiance in the form set 

forth in the schedule to this Constitution.

  43. A member of either House of Parliament shall be incapable of being chosen

or of sitting as a member of the other House.

  44. Any person who-

  (i.)   Is under any acknowledgement of allegiance, obedience, or adherence to 

         a foreign power, or is a subject or a citizen or entitled to the rights

         & priveleges of a subject or citizen of a foreign power: or

  (ii.)  Is attained of treason, or has been convicted and is under sentence, or

         subject to be sentenced, for any offence punishable under the law of

         the Commonwealth or of a State by imprisonment for one year or longer: 

         or

  (iii.) Is an undischarged bankrupt or insolvent: or

  (iv.)  Holds any office of profit under the Crown, or any pension payable 

         during the pleasure of the Crown out of any of the revenues of the 

         Commonwealth: or

  (v.)   Has any direct or indirect pecuniary interest in any agreement with the

         Public Service of the Commonwealth otherwise than as a member and in 

         common with the other members of an incorporated company consisting of

         more than twenty-five persons:

shall be incapable of being chosen or of sitting as a senator or a member of the

House of Representatives.

  But sub-section iv. does not apply to the office of any of the Queen's 

Ministers of State for the Commonwealth, or of any of the Queen's Ministers for

a State, or to the receipt of pay, half pay, or a pension, by any person as an 

officer or member of the Queen's navy or army, or to the receipt of pay as an 

officer or member of the naval or military forces of the Commonwealth by any 

person whose services are not wholly employed by the Commonwealth.

  45. If a senator or member of the House of Representatives-

  (i.)   Becomes subject to any of the disabilities mentioned in the last 

         preceding section: or

  (ii.)  Takes the benefit, whether by assignment, composition, or otherwise, of

         any law relating to bankrupt or insolvent debtors: or

  (iii.) Directly or indirectly takes or agrees to take any fee or honorarium

         for services rendered to the Commonwealth, or for services rendered in

         the Parliament to any person or State:

his place shall thereupon become vacant.

  46. Until the Parliament otherwise provides, any person declared by this 

Constitution to be incapable of sitting as a senator or as a member of the House

of Representatives shall, for every day on which he so sits, be liable to pay 

the sum of one hundred pounds to any person who sues for it in any court of 

competent jurisdiction.

  47. Until the Parliament otherwise provides, any question respecting the 

qualification of a senator or member of the House or Representatives, or 

respecting a vacancy in either House of the Parliament, and any question of a 

disputed election to either House, shall be determined by the House in which the

question arises.

  48. Until the Parliament otherwise provides, each senator and each member of 

the House of Representatives shall receive an allowance of four hundred pounds a

year, to be reckoned from the day on which he takes his seat.

  49. The powers, priveleges, and immunities of the Senate and of the House of 

Representatives, and of the members and the committees of each House, shall be 

such as are declared by the Parliament, and until declared shall be those of the

Commons House of Parliament of the United Kingdom, and of its members and 

committees, at the establishment of the Commonwealth.

  50. Each House of the Parliament may make rules and orders with respect to-

  (i.)  The mode in which its powers, priveleges, and immunities may be exercised

        and upheld:

  (ii.) The order and conduct of its business and proceedings either separately

        or jointly with the other House.

                                                Part V Powers of the Parliament

  51. The Parliament shall, subject to this Constitution, have power to make 

laws for the peace, order, and good government of the Commonwealth with respect

to:-

  (i.)       Trade and commerce with other countries, and among the States:

  (ii.)      Taxation; but so as not to discriminate between States or parts of 

             States:

  (iii.)     Bounties on the production or export of goods, but so that such 

             bounties shall be uniform throughout the Commonwealth:

  (iv.)      Borrowing money on the public credit of the Commonwealth:

  (v.)       Postal, telegraphic, telephonic, and other like services:

  (vi.)      The naval and military defence of the Commonwealth and of the 

             several States, and the control of the forces to execute and 

             maintain the laws of the Commonwealth.

  (vii.)     Lighthouses, lightships, beacons and buoys:

  (viii.)    Astronomical and metereological observations:

  (ix.)      Quarantine:

  (x.)       Fisheries in Australian waters beyond territorial limits:

  (xi.)      Census and statistics:

  (xii.)     Currency, coinage, and legal tender:

  (xiii.)    Banking, other than State banking; also State banking extending 

             beyond the limits of the State concerned, the incorporation of 

             banks, and the issue of paper money:

  (xiv.)     Insurance, other than State insurance; also State insurance 

             extending beyond the limits of the State concerned:

  (xv.)      Weights and measures:

  (xvi.)     Bills of exchanging and promissory notes:

  (xvii.)    Bankruptcy and insolvency:

  (xviii.)   Copyrights, patents of inventions and designs, and trade marks:

  (xix.)     Naturalization and aliens:

  (xx.)      Foreign corporations, and trading or financial corporations formed 

             within the limits of the Commonwealth:

  (xxi.)     Marriage:

  (xxii.)    Divorce and matrimonial causes; and in relation thereto, parental 

             rights, and the custody and guardianship of infants:

  (xxiii.)   Invalid and old-age pensions:

  (xxiiiA.)  The provision of maternity allowances, widows' pensions, child 

             endowment, unemployment, pharmaceutical, sickness and hospital 

             benefits, medical and dental services (but not so as to authorize 

             any form of civil conscription), benefits to students and family 

             allowances:

  (xxiv.)    The service and execution throughout the Commonwealth of the civil 

             and criminal process and the judgements of the courts of the 

             States:

  (xxv.)     The recognition throughout the Commonwealth of the laws, the 

             public Acts and records, and the judicial proceedings of the 

             States:

  (xxvi.)    The people of any race, for whom it is deemed necessary to make 

             special laws:

  (xxvii.)   Immigration and emigration:

  (xxviii.)  The influx of criminals:

  (xxix.)    External Affairs:

  (xxx.)     The relations of the Commonwealth with the islands of the Pacific:

  (xxxi.)    The acquisition of property on just terms from any State or person

             for any purpose in respect of which the Parliament has power to 

             make laws:

  (xxxii.)   The control of railways with respect to transport for the naval and

             military purposes of the Commonwealth:

  (xxxiii.)  The acquisition, with the consent of a State, of any railways of 

             the State on terms arranged between the Commonwealth and the State:

  (xxxiv.)   Railway construction and extension in any State with the consent of

             that State:

  (xxxv.)    Conciliation and arbitration for the prevention and settlement of 

             industrial disputes extending beyond the limits of any one State:

  (xxxvi.)   Matters in respect of which this Constitution makes provision until

             the Parliament otherwise provides:

  (xxxvii.)  Matters referred to the Parliament of the Commonwealth by the 

             Parliament or Parliaments of any State or States, but so that the 

             law shall extend only to States by whose Parliaments the matter is

             referred, or which afterwards adopt the law:

  (xxxviii.) The exercise within the Commonwealth, at the request or with the 

             concurrence of the Parliaments of all the States directly 

             concerned, of any power which can at the establishment of this 

             Constitution be exercised only by the Parliament of the United 

             Kingdom or by the Federal Council of Australasia:

  (xxxix.)   Matters incidental to the execution of any power vested by this 

             Constitution in the Parliament or in either House thereof, or in 

             the Government of the Commonwealth, or in the Federal Judicature, 

             or in any department or officer of the Commonwealth.

  52. The Parliament shall, subject to this Constitution, have exclusive 

power to make laws for the peace, order, and good government of the 

Commonwealth with respect to-

  (i.)   The seat of government of the Commonwealth, and all places acquired by 

         the Commonwealth for public purposes:

  (ii.)  Matters relating to any department of the public service the control 

         of which is by this Constitution transferred to the Executive 

         Government or the Commonwealth:

  (iii.) Other matters declared by this Constitution to be within the 

         exclusive power of the Parliament.

  53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall

not originate in the Senate. But a proposed law shall not be taken to 

appropriate revenue or moneys, or to impose taxation, by reason only of its 

containing provisions for the imposition or appropriation of fines or other 

pecuniary penalties, or for the demand or payment or appropriation of fees for 

licences, or fees for services under the proposed law.

  The Senate may not amend proposed laws imposing taxation, or proposed laws 

appropriating revenue or moneys for the ordinary annual services of the 

Government.

  The Senate may not amend any proposed law so as to increase nay proposed 

charge or burden on the people.

  The Senate may at any stage return to the House of Representatives any 

proposed law which the Senate may not amend, requesting, by message, the 

omission or amendment of any items or provisions therein. And the House of 

Representatives may, if it thinks fit, make any of such omissions or amendments,

with or without modifications.

  Except as provided in this section, the Senate shall have equal power with the

House of Representatives in respect of all proposed laws.

  54. The proposed law which appropriates revenue or moneys for the ordinary 

annual services of the Government shall deal only with such appropriation.

  55. Laws imposing taxation shall deal only with the imposition of taxation, 

and any provision therein dealing with any other matter shall be of no effect.

  Laws imposing taxation except laws imposing duties of customs or of excise, 

shall deal with one subject of taxation only; but laws imposing duties of 

customs shall deal with duties of customs only, and laws imposing duties of 

excise shall deal with duties of excise only.

  56. A vote, resolution, or proposed law for the appropriation of revenue or 

moneys shall not be passed unless the purpose of the appropriation has in the 

same session been recommended by message of the Governor-General to the House 

in which the proposal originated.

  57. If the House of representatives passes any proposed law, and the Senate 

rejects or fails to pass it, or passes it with amendments to which the House of

Representatives will not agree, and if after an interval of three months the 

House of Representatives, in the same or the next session, again passes the 

proposed law with or without any amendments which have been made, suggested, or

agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it

with amendments to which the House of Representatives will not agree, the 

Governor-General may dissolve the Senate and the House of Representatives 

simultaneously. But such dissolution shall not take place within six months 

before the date of the expiry of the House of Representatives by effluxion of 

time.

  If after such dissolution the House of Representatives again passes the 

proposed law, with or without any amendments which have been made, suggested, or

agreed to by the Senate, and the Senate rejects or fails to pass it, or passes 

it with amendments to which the House of Representatives will not agree, the 

Governor-General may convene a joint sitting of the members of the Senate and of

the House of Representatives.

  The members present at the joint sitting may deliberate and shall vote 

together upon the proposed law as last proposed by the House of Representatives,

and upon amendments, if any, which have been made therein by one House and not 

agreed to by the other, and any such amendments which are affirmed by an 

absolute majority of the total number of the members of the Senate and House of

Representatives shall be taken to have been carried, and if the proposed law, 

with the amendments, if any, so carried is affirmed by an absolute majority of 

the total number of the members of the Senate and House of Representatives, it 

shall be taken to have been duly passed by Houses of the Parliament, and shall 

be presented to the Governor-General for the Queen's assent.

  58. When a proposed law passed by both Houses of the Parliament is presented 

to the Governor-General for the Queen's assent, he shall declare, according to 

his discretion, but subject to this Constitution, that he assents in the Queen's

name, or that he withholds assent, or that he reserves the law for the Queen's 

pleasure.

  The Governor-General may return to the house in which it originated any 

proposed law so presented to him, and may transmit therewith any amendments 

which he may recommend, and the Houses may deal with the recommendation.

  59. The Queen may disallow any law within one year from the Governor-General's

assent, and such disallowance on being made known by the Governor-General by 

speech or message to each of the Houses of the Parliament, or by Proclamation, 

shall annul the law from the day when the disallowance is so made known.

  60. A proposed law reserved for the Queen's pleasure shall not have any force

unless and until within two years from the day on which it was presented to the

Governor-General for the Queen's assent the Governor-General makes known, by 

speech or message to each of the Houses of the Parliament, or by Proclamation, 

that it has received the Queen's assent.

Chapter II  The Executive Government

  61. The executive power of the Commonwealth is vested in the Queen and is 

exercisable by the Governor-General as the Queen's representative, and extends 

to the execution and maintenance of this Constitution, and of the laws of the 

Commonwealth.

  62. There shall be a Federal Executive Council to advise the Governor-

General in the government of the Commonwealth, and the members of the Council 

shall be chosen and summoned by the Governor-General and sworn as Executive 

Councillors, and shall hold office during his pleasure.

  63. The provisions of this Constitution referring to the Governor-General in 

Council shall be construed as referring to the Governor-General acting with 

the advice of the Federal Executive Council.

  64. The Governor-General may appoint officers to administer such departments 

of State of the Commonwealth as the Governor-General in Council may establish.

  Such officers shall hold office during he pleasure of the Governor-General. 

They shall be members of the Federal Executive Council, and shall be the 

Queen's Ministers of State for the Commonwealth.

  After the first general election no Minister of State shall hold office for 

a longer period than three months unless he is or becomes a senator or a 

member of the House of Representatives.

  65. Until the Parliament otherwise provides, the Ministers of the State 

shall not exceed seven in number, and shall hold such offices as the 

Parliament prescribes, or, in the absence of provision, as the Governor-

General directs.

  66. There shall be payable to the Queen, out of the Consolidated Revenue 

Fund of the Commonwealth, for the salaries of the Ministers of State, an 

annual sum which, until the Parliament otherwise provides, shall not exceed 

twelve thousand pounds a year.

  67. Until the Parliament otherwise provides, the appointment and removal of 

all other officers of the Executive Government of the Commonwealth shall be 

vested in the Governor-General in Council, unless the appointment is delegated 

by the Governor-General in Council or by a law of the Commonwealth to some 

other authority.

  68. The command in chief of the naval and military forces of the 

Commonwealth is vested in the Governor-General as the Queen's representative.

  69. On a date or dates to be proclaimed by the Governor-General after the 

establishment of the Commonwealth the following departments of the public 

service in each State shall become transferred to the Commonwealth:-

     Posts, telegraphs, and telephones:

     Naval and military defence:

     Lighthouses, lightships, beacons, and buoys:

     Quarantine.

  But the departments of customs and of excise in each State shall become 

transferred to the Commonwealth on its establishment.

  70. In respect of matters which, under this Constitution, pass to the 

Executive Government of the Commonwealth, all powers and functions which at 

the establishment of the Commonwealth are vested in the Governor of a Colony, 

or in the Governor of a Colony with the advice of his Executive Council, or in 

any authority of a Colony, shall vest in the Governor-General, or in the 

Governor-General in Council, or in the authority exercising similar powers 

under the Commonwealth, as the case requires.

Chapter III  The Judicature

  71. The judicial power of the Commonwealth shall be vested in a Federal 

Supreme Court, to be called the High Court of Australia, and in such other 

federal courts as the Parliament creates, and in such other courts as it 

invests with federal jurisdiction. The High Court shall consist of a Chief 

Justice, and so many other Justices, not less than two, as the Parliament 

prescribes.

  72. The Justices of the High Court and of the other courts created by the 

Parliament-

  (i.)   Shall be appointed by the Governor-General in Council:

  (ii.)  Shall not be removed except by the Governor-General in Council, on an 

         address from both Houses of the Parliament in the same session, praying

         for such removal on the ground of proved misbehaviour or incapacity:

  (iii.) Shall receive such remuneration as the Parliament may fix; but the 

         remuneration shall not be diminished during their continuance in 

         office.

  The appointment of a Justice of the High Court shall be for a term expiring 

upon his attaining the age of seventy years, and a person shall not be 

appointed as a Justice of the High Court if he has attained that age.

  The appointment of a Justice of a court created by the Parliament shall be 

for a term expiring upon his attaining the age that is, at the time of his 

appointment, the maximum age for Justices of that court and a person shall not 

be appointed as a Justice of such a court if he has attained the age that is 

for the time being the maximum age for Justices of that court.

  Subject to this section, the maximum age for Justices of any court created 

by the Parliament is seventy years.

  The Parliament may make a law fixing an age that is less than seventy years 

as the maximum age for Justices of a court created by the Parliament and may 

at any time repeal or amend such a law, but any such repeal or amendment does 

not affect the term of office of a Justice under an appointment made before 

the repeal or amendment.

  A Justice of the High Court or of a court created by the Parliament may 

resign his office by writing under his hand delivered to the Governor-General.

  Nothing in the provisions added to this section by the Constitution 

Alteration (Retirement of Judges) 1977 affects the continuance of a person in 

office as a Justice of a court under an appointment made before the 

commencement of those provisions.

  A reference in this section to the appointment of a Justice of the High 

Court or of a court created by the Parliament shall be read as including a 

reference to the appointment of a person who holds office as a Justice of the 

High Court or of a court created by the Parliament to another office of Justice 

of the same court having a different status or designation.

  73. The High Court shall have jurisdiction, with such exceptions and subject 

to such regulations as the Parliament prescribes, to hear and determine 

appeals from all judgements, decrees, orders, and sentences-

  (i.)   Of any Justice or Justices exercising the original jurisdiction of 

         the High Court:

  (ii.)  Of any other federal court, or court exercising federal jurisdiction; 

         or of the Supreme Court of any State, or of any other court of any 

         State from which at the establishment of the Commonwealth an appeal 

         lies to the Queen in Council:

  (iii.) Of the Inter-State Commission, but as to questions of law only:

and the judgement of the High Court in all such cases shall be final and 

conclusive.

  But no exception or regulation prescribed by the Parliament shall prevent 

the High Court from hearing and determining any appeal from the Supreme Court of 

a State in any matter in which at the establishment of the Commonwealth an 

appeal lies from such Supreme Court to the Queen in Council.

  Until the Parliament otherwise provides, the conditions of and restrictions 

on appeals to the Queen in Council from the Supreme Courts of the several 

States shall be applicable to appeals from them to the High Court.

  74. No appeal shall be permitted to the Queen in Council from a decision of 

the High Court upon any question, howsoever arising, as the the limits inter 

se of the Constitutional powers of the Commonwealth and those of any State or 

States, or as to the limits inter se of the Constitutional powers of any two 

or more States, unless the High Court shall certify that the Question is one 

which ought to be determined by Her Majesty in Council.

  The High Court may so certify if satisfied that for any special reason the 

certificate should be granted, and thereupon an appeal shall lie to Her 

Majesty in Council on the question without further leave.

  Except as provided in this section, this Constitution shall not impair any 

right which the Queen may be please to exercise by virtue of Her Royal 

prerogative to grant special leave of appeal from the High Court to Her 

Majesty in Council. The Parliament may make laws limiting the matters in which 

leave may be asked, but proposed laws containing any such limitations shall be 

reserved by the Governor-General for Her Majesty's pleasure.

  75. In all matters-

  (i.)   Arising under any treaty:

  (ii.)  Affecting consuls or other representatives of other countries:

  (iii.) In which the Commonwealth, or a person suing or being sued on behalf 

         of the Commonwealth, is a party:

  (iv.)  Between States, or between residents of different States, or between 

         a State and a resident of another State:

  (v.)   In which a writ of Mandamus or prohibition or an injunction is sought 

         against an officer of the Commonwealth:

the High Court shall have original jurisdiction.

  76. The Parliament may make laws conferring original jurisdiction on the 

High Court in any matter-

  (i.)   Arising under this Constitution, or involving its interpretation:

  (ii.)  Arising under any laws made by the Parliaments:

  (iii.) Of Admiralty and maritime jurisdiction:

  (iv.)  Relating to the same subject-matter claimed under the laws of 

         different States.

  77. With respect to any of the matters mentioned in the last two sections 

the Parliament may make laws-

  (i.)   Defining the jurisdiction of any federal court other than the High 

         Court:

  (ii.)  Defining the extent to which the jurisdiction of any federal court 

         shall be exclusive of that which belongs to or is invested in the 

         courts of the States:

  (iii.) Investing any court of a State with federal jurisdiction.

  78. The Parliament may make laws conferring rights to proceed against the 

Commonwealth or a State in respect of matters within the limits of the 

judicial power.

  79. The federal jurisdiction of any court may be exercised by such number of 

judges as the Parliament prescribes.

  80. The trial on indictment of any offence against any law of the 

Commonwealth shall be by jury, and every such trial shall be held in the State 

where the offence was committed, and if the offence was not committed within 

any State the trial shall be held at such place or places as the Parliament 

prescribes.

Chapter IV  Finance And Trade

  81. All revenues or moneys raised or received by the Executive Government of 

the Commonwealth shall form one Consolidated Revenue Fund, to be appropriated 

for the purposes of the Commonwealth in the manner and subject to the charges 

and liabilities imposed by this Constitution.

  82. The costs, charges, and expenses incident to the collection, management, 

and receipt of the Consolidated Revenue Fund shall form the first charge 

thereon; and the revenue of the Commonwealth shall in the first instance be 

applied to the payment of the expenditure of the Commonwealth.

  83. No money shall be drawn from the Treasury of the Commonwealth except 

under appropriation made by law.

  But until the expiration of one month after the first meeting of the 

Parliament the Governor-General in Council may draw from the Treasury and 

expend such moneys as may be necessary for the maintenance of any department 

transferred to the Commonwealth and for the holding of the first elections for 

the Parliament.

  84. When any department of the public service of a State becomes transferred 

to the Commonwealth, all officers of the department shall become subject to 

the control of the Executive Government of the Commonwealth

  Any such officer who is not retained in the service of the Commonwealth 

shall, unless he is appointed to some other office of equal emolument in the 

public service of the State, be entitled to receive from the State any 

pension, gratuity, or other compensation, payable under the law of the State 

on the abolition of his office.

  Any such officer who is retained in the service of the Commonwealth shall 

preserve all his existing and accruing rights, and shall be entitled to retire 

from office at the time, and on the pension or retiring allowance, which would 

be permitted by the law of the State if his service with the Commonwealth were 

a continuation of his service with the State. Such pension or retiring 

allowance shall be paid to him by the Commonwealth; but the State shall pay to 

the Commonwealth a part thereof, to be calculated on the proportion which his 

term of service with the State bears to his whole term of service, and for the 

purpose of the calculation his salary shall be taken to be that paid to him by 

the State at the time of the transfer.

  Any officer who is, at the establishment of the Commonwealth, in the public 

service of a State, and who is, by consent of the Governor of the State with 

the advice of the Executive Council thereof, transferred to the public service 

of the Commonwealth, shall have the same rights as if he had been an officer 

of a department transferred to the Commonwealth and were retained in the 

service of the Commonwealth.

  85. When any departments of the public service of a State is transferred to 

the Commonwealth-

  (i.)   All property of the State of any kind, used exlcusively in connection 

         with the department, shall become vested in the Commonwealth; but, in 

         the case of the departments controlling customs and excise and bounties,

         for such time only as the Governor-General in Council may declare to be

         necessary:

  (ii.)  The Commonwealth may acquire any property of the State, of any kind 

         used, but not exclusively used in connection with the department; the 

         value thereof shall, if no agreement can be made, be ascertained in,

         as nearly as may be, the anner in which the value of land, or of an 

         interest in land, taken by the State for public purposes is ascertained

         under the law of the State in force at the establishment of the 

         Commonwealth:

  (iii.) The Commonwealth shall compensate the State for the value of any 

         property passing ot the Commonwealth under this section; if no 

         agreement can be made as to the mode of compensation, it shall be 

         determined under laws to be made by the Parliament:

  (iv.)  The Commonweatlth shall, at the date of the transfer, assume the 

         current obligations of the State in respect of the department 

         transferred.

  86. On the establishment of the Commonwealth, the collection and control of 

duties of customs and of excise, and the control of the payment of bounties, 

shall pass to the Executive Government of the Commonwealth.

  87. During a period of ten years after the establishment of the Commonwealth 

and thereafter until the Parliament otherwise provides, of the net revenue of 

the Commonwealth from duties of customs and of excise not more than one-fourth 

shall be applied annually by the Commonwealth towards its expenditure.

  The balance shall, in accordance with the Constitution, be paid to the 

several States, or applied towards the payment of interest on debts of the 

several States taken over by the Commonwealth.

  88. Uniform duties of customs shall be imposed within two years after the 

establishment of the Commonwealth.

  89. Until the imposition of uniform duties of custom-

  (i.)   The Commonwealth shall credit to each State the revenues collected 

         therein by the Commonweatlh.

  (ii.)  The Commonwealth shall debit to each State-

           (a) The expenditure therein of the Commonwealth incurred solely for 

               the maintenance or continuance, as at the time of transfer, of 

               any department transferred from the State to the Commonwealth;

           (b) The proportion of the State, according to the number of its 

               people, in the other expenditure of the Commonwealth.

  (iii.) The Commonwealth shall pay to each State month by month the balance 

         (if any) in favour of the State.

  90. On the imposition of uniform duties of customs the power of the 

Parliament to impose duties of customs and of excise, and to grant bounties on 

the production or export of goods, shall become exclusive.

  On the imposition of uniform duties of customs all laws of the several 

States imposing duties of customs or of excise, or offering bounties on the 

production or export of goods, shall cease to have effect, but any grant of or 

agreement for any such bounty lawfully made by or under the authority of the 

Government of any State shall be taken to be good if made before the thirtieth 

day of June, One thousand eight hundred and ninety eight, and not otherwise.

  91. Nothing in this Constitution prohibits a State from granting any aid to 

or bounty on mining for gold, silver, or other metals, not from granting, with 

the consent of both Houses of the Parliament of the Commonwealth expressed by 

resolution, any aid to or bounty on the production or export of goods.

  92. On the imposition of uniform duties of customs, trade, commerce, and 

intercourse among the States, whether by means of internal carriage or ocean 

navigation, shall be absolutely free.

  But notwithstanding anything in this Constitution, goods imported before the 

imposition of uniform duties of customs into any State, or into any Colony 

which, whilst the goods remain therein, becomes a State, shall, on thence 

passing into another State within two years after the imposition of such 

duties, be liable to any duty chargeable on the importation of such goods into 

the Commonwealth, less any duty paid in respect of the goods on their 

importation.

  93. During the first five years after the imposition of uniform duties of 

customs, and thereafter until the Parliament otherwise provides-

  (i.)  The duties of customs chargeable on goods imported into a State and 

        afterwards passing into another State for consumption, and the duties of

        excise paid on goods produced or manufactured in a State and afterwards 

        passing into another State for consumption, shall be taken to have been 

        collected not in the former but in the latter State:

  (ii.) Subject to the last subsection, the Commonwealth shall credit revenue, 

        debit expenditure, and pay balances to the several States as prescribed

        for the period preceding the imposition of uniform duties of customs.

  94. After five years from the imposition of uniform duties of customs, the 

Parliament may provide, on such basis as it deems fair, for the monthly 

payment to the several States of all surplus revenue of the Commonwealth.

  95. Notwithstanding anything in this Constitution, the Parliament of the 

State of Western Australia, if that State be an Original State, may, during 

the first five years after the imposition of uniform duties of customs, impose 

duties of customs on goods passing into that State and not originally imported 

from beyond the limits of the Commonwealth; and such duties shall be collected 

by the Commonwealth.

  But any duty so imposed on any goods shall not exceed during the first of 

such years the duty chargeable on the goods under the law of Western Australia 

in force at the imposition of uniform duties, and shall not exceed during the 

second, third, fourth, and fifth of such years respectively, four-fifths, two-

fifth, and one-fifth of such latter duty, and all duties imposed under this 

section shall cease at the expiration of the fifth year after the imposition 

of uniform duties.

  If at any time during the five years the duty on any goods under this 

section is higher than the duty imposed by the Commonwealth on the importation 

of the like goods, then such higher duty shall be collected on the goods when 

imported into Western Australia from beyond the limits of the Commonwealth.

  96. During a period of ten years after the establishment of the Commonwealth 

and thereafter until the Parliament otherwise provides, the Parliament may 

grant financial assistance to any State on such terms and conditions as the 

Parliament thinks fit.

  97. Until the Parliament otherwise provides, the laws in force in any Colony 

which has become or becomes a State with respect to the receipt of revenue and 

the expenditure of money on account of the Government of the Colony, and the 

review and audit of such receipt and expenditure, shall apply to the receipt 

of revenue and the expenditure of money on account of the Commonwealth in the 

State in the same manner as if the Commonwealth, or the Government or an 

officer of the Commonwealth were mentioned whenever the Colony, or the 

Government or an officer of the Colony, is mentioned.

  98. The power of the Parliament to make laws with respect to trade and 

commerce extends to navigation and shipping, and to railways the property of 

any State.

  99. The Commonwealth shall not, by any law or regulation of trade, commerce, 

or revenue, give preference to one State or any part thereof over another 

State or any part thereof.

  100. The Commonwealth shall not, by any law or regulation of trade or 

commerce, abridge the right of a State or of the residents therein to the 

reasonable use of the waters of rivers for conservation or irrigation.

  101. There shall be an Inter-State Commission, with such powers of 

adjudication and administration as the Parliament deems necessary for the 

execution and maintenance, within the Commonwealth, of the provisions of this 

Constitution relating to trade and commerce, and of all laws made thereunder.

  102. The Parliament may by any law with respect to trade or commerce forbid, 

as to railways, any preference or discrimination by any State, or by any 

authority constituted under a State, if such preference or discrimination is 

undue and unreasonable, or unjust to any State; due regard being had to the 

financial responsibilities incurred by any State in connection with the 

construction and maintenance of its railways. But no preference or 

discrimination shall, within the meaning of this section, be taken to be 

undue and unreasonable, or unjust to any State, unless so adjudged by the 

Inter-State Commission.

  103. The members of the Inter-State Commission-

  (i.)   Shall be appointed by the Governor-General in Council:

  (ii.)  Shall hold office for seven years, but may be removed within that 

         time by the Governor-General in Council, on an address from both Houses

         of the Parliament in the same session praying for such removal on the 

         ground of proved misbehaviour or incapacity:

  (iii.) Shall receive such remuneration as the Parliament may fix; but such 

         remuneration shall not be diminished during their continuance in 

         office.

  104. Nothing in this Constitution shall render unlawful any rate for the 

carriage of goods upon a railway, the property of a State, if the rate is 

deemed by the Inter-State Commission to be necessary for the development of the 

territory of the State, and if the rate applies equally to goods within the 

State and to goods passing into the State from other States.

  105. The Parliament may take over from the States their public debts, or a 

proportion thereof according to the respective numbers of their people as 

shown by the latest statistics of the Commonwealth, and may convert, renew, or 

consolidate such debts, or any part thereof; ad the States shall indemnify the 

Commonwealth in respect of the debts taken over, and thereafter the interest 

payable in respect of the debts shall be deducted and retained from the 

portions of the surplus revenue of the Commonwealth payable to the several 

States, or if such surplus is insufficient, or if there is no surplus, then 

the deficiency or the whole amount shall be paid by the several States.

  105A.-(1) The Commonwealth may make agreements with the States with respect 

to the public debts of the States, including-

  (a) the taking over of such debts by the Commonwealth;

  (b) the management of such debts;

  (c) the paying of interest and the provision and management of sinking 

      funds in respect of such debts;

  (d) the consolidation, renewal, conversion, and redemption of such debts;

  (e) the indemnification of the Commonwealth by the States in respect of 

      debts taken over by the Commonwealth; and

  (f) the borrowing of money by the States or by the Commonwealth, or by the 

      Commonwealth for the States.

  (2) The Parliament may make laws for validating any such agreement made 

      before the commencement of this section.

  (3) The Parliament may make laws for the carrying out by the parties of any 

      such agreement.

  (4) Any such agreement may be varied or rescinded by the parties therein.

  (5) Every such agreement and any such variation thereof shall be binding 

      upon the Commonwealth and the States parties thereto notwithstanding 

      anything contained in this Constitution or the Constitution of the several

      States or in any law of the Parliament of the Commonwealth or of any 

      State.

  (6) The powers conferred by this section shall not be construed as being 

      limited in any way by the provision of section one hundred and five of 

      this Constitution.

Chapter V  The States

  106. The Constitution of each State of the Commonwealth shall, subject to 

this Constitution, continue as at the establishment of the Commonwealth, or as 

at the admission of establishment of the State, as the case may be, until 

altered in accordance with the Constitution of the State.

  107. Every power of the Parliament of a Colony which has become or becomes a 

State, shall, unless it is by this Constitution exclusively vested in the 

Parliament of the Commonwealth or withdrawn from the Parliament of the State, 

continue as at the establishment of the Commonwealth, or as at the admission 

or establishment of the State, as the case may be.

  108. Every law in force in a Colony which has become or becomes a State, and 

relating to any matter within the powers of the Parliament of the Commonwealth 

shall, subject to this Constitution, continue in force in the State; and, 

until provision is made in that behalf by the Parliament of the Commonwealth, 

the Parliament of the State shall have such powers of alteration and of repeal 

in respect of any such law as the Parliament of the Colony had until the 

Colony became a State.

  109. When a law of a State is inconsistent with a law of the Commonwealth, the 

latter shall prevail, and the former shall, to the extent of the 

inconsistency, be invalid.

  110. The provisions of this Constitution relating to the Governor of a State 

extend and apply to the Governor for the time being of the State, or other 

chief executive officer or administrator of the government of the State.

  111. The Parliament of a State may surrender any part of the State to the 

Commonwealth; and upon such surrender, and the acceptance thereof by the 

Commonwealth, such part of the State shall become subject to the exclusive 

jurisdiction of the Commonwealth.

  112. After uniform duties of customs have been imposed, a State may levy on 

imports, or on goods passing into or out of the State such charges as my be 

necessary for executing the inspection laws of the State; but the net produce 

of all charges so levied shall be for the use of the Commonwealth; and any 

such inspection laws may be annulled by the Parliament of the Commonwealth.

  113. All fermented, distilled, or other intoxicating liquids passing into 

any State or remaining therein for use, consumption, sale, or storage, shall 

be subject to the laws of the State as if such liquids had been produced in 

the State.

  114. A State shall not, without the consent of the Parliament of the 

Commonwealth, raise or maintain any naval or military force, or impose any tax 

on property of any kind belonging to the Commonwealth, not shall the 

Commonwealth impose any tax on property of any kind belonging to a State.

  115. A State shall not coin money, nor make anything but gold and silver 

coin a legal tender in payment of debts.

  116. The Commonwealth shall not make any law for establishing any religion, 

or for imposing any religious observance, or for prohibiting the free exercise 

of any religion, and no religious test shall be required as a qualification 

for any office or public trust under the Commonwealth.

  117. A subject of the Queen, resident in any State, shall not be subject to 

any other State to any disability or discrimination which would not be equally 

applicable to him if he were a subject of the Queen resident in such other 

State.

  118. Full faith and credit shall be given, throughout the Commonwealth to 

the laws, the public Acts and records, and the judicial proceeding of every 

State.

  119. The Commonwealth shall protect every State against the invasion and, on 

the application of the Executive Government of the State, against domestic 

violence.

  120. Every State shall make provisions for the detention in its prisons of 

persons accused or convicted of offences against the laws of the Commonwealth, 

and for the punishment of persons convicted of such offences, and the 

Parliament of the Commonwealth may make laws to give effects to this 

provision.

Chapter VI  New States

  121. The Parliament may admit to the Commonwealth or establish new States, 

and may upon such admission or establishment make or impose such terms and 

conditions, including the extent of representation in either House of the 

Parliament, as it thinks fit.

  122. The Parliament may make laws for the government of any territory 

surrendered by any State to and accepted by the Commonwealth, or of any 

territory placed by the Queen under the authority of an accepted by the 

Commonwealth, and may allow the representation of such territory in either 

House of the Parliament to the extent and on the terms which it thinks fit.

  123. The Parliament of the Commonwealth may, with the consent of the 

Parliament of a State, and the approval of the majority of the electors of the 

State voting upon the question, increase, diminish, or otherwise alter the 

limits of the State, upon such terms and conditions as may be agreed on, and 

may, with the like consent, make provision respecting the effect and operation 

of any increase or diminution or alteration of territory in relation to any 

State affected.

  124. A new State may be formed by separation of territory from a State, but 

only with the consent of the Parliament thereof, and a new State may be formed 

by the union of two or more States or parts of States, but only with the 

consent of the Parliaments of the States affected.

Chapter VII  Miscellaneous

  125. The seat of Government of the Commonwealth shall be determined by the 

Parliament, and shall be within territory which shall have been granted to or 

acquired by the Commonwealth, and shall be vested in and belong to the 

Commonwealth, and shall be in the State of New South Wales, and be distant not 

less than one hundred miles from Sydney.

  Such territory shall contain an area of not less than one hundred square 

miles, and such portion thereof as shall consist of Crown lands shall be 

granted to the Commonwealth without any payment therefor.

  The Parliament shall sit at Melbourne until it meet at the seat of 

Government.

  126. The Queen may authorize the Governor-General to appoint any person, or 

any persons jointly or severally, to be his deputy or deputies within any part 

of the Commonwealth, and in that capacity to exercise during the pleasure of 

the Governor-General as he thinks fit to assign to such deputy or deputies, 

subject to any limitations expressed or directions given by the Queen; but the 

appointment of such deputy or deputies shall not affect the exercise by the 

Governor-General himself of any power or function.

Chapter VIII  Alteration Of The Constitution

  128. This Constitution shall not be altered except in the following manner:-

  The proposed law for the alteration thereof must be passed by an absolute 

majority of each House of the Parliament, and not less than two more more than 

six months after its passage through both Houses the proposed law shall be 

submitted in each State and Territory to the electors qualified to vote for 

the election of members of the House of Representatives.

  But if either House passes any such proposed law by an absolute majority, 

and the other House rejects or fails to pass it, or passes it with any 

amendments to which the first-mentioned House will not agree, and if after an 

interval of three months the first-mentioned House in the same or the next 

session again passes the proposed law by an absolute majority with or without 

any amendment which has been made or agreed to bu the other House, and such 

other House rejects or fails to pass it or passes it with any amendment to 

which the first-mentioned House will not agree, the Governor-General may 

submit the proposed law as last proposed by the first-mentioned House, and 

either with or without any amendments subsequently agreed to by both Houses, 

to the electors in each State and Territory qualified to vote for the election 

of the House of Representatives.

  When a proposed law is submitted to the electors the vote shall be taken in 

such manner as the Parliament prescribes. But until the qualification of 

electors of members of the House of Representatives becomes uniform throughout 

the Commonwealth, only one-half the electors voting for and against the 

proposed law shall be counted in any State in which adult suffrage prevails.

  And if in a majority of the States a majority of the electors voting approve 

the proposed law, and if a majority of all the electors voting also approve 

the proposed law, it shall be presented to the Governor-General for the 

Queen's assent.

  No alteration diminishing the proportionate representation of any State in 

either House of the Parliament, or the minimum number of representatives of a 

State in the House of Representative, in increasing, diminishing, or otherwise 

altering the limits of the State, or in any manner affecting the provisions of 

the Constitution in relation thereto, shall become law unless the majority of 

the electors voting in that State approve the proposed law.

  In this section "Territory" means any territory referred to in section one 

hundred and twenty-two of this Constitution in respect of which there is in 

force a law allowing its representation int he House of Representatives.

 Schedule

OATH.

        I, A.B., do swear that I will be faithful and bear true allegiance to 

    Her Majesty Queen Victoria, Her heirs and successors according to law. SO 

    HELP ME GOD!

AFFIRMATION.

        I, A.B., do solemnly and sincerely affirm and declare that I will be 

    faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs 

    and successors according to law.

(NOTE - The name of the King or Queen of the United Kingdom of Great Britain 

and Ireland for the time being is to be substituted from time to time.)

Constitution of the Republic of Cuba, 1992

 

PREAMBLE

WE, CUBAN CITIZENS,

heirs and continuators of the creative work and the traditions of combativity, firmness, heroism and sacrifice fostered by our

ancestors;

by the Indians who preferred extermination to submission;

by the slaves who rebelled against their masters;

by the patriots who in 1868 launched the wars of independence against Spanish colonialism and those who in the last drive of 1895 brought them to victory in 1898, a victory usurped by the military intervention and occupation of Yankee imperialism;

by the workers, peasants, student and intellectuals who struggled for over fifty years against imperialist domination, political corruption, the absence of people’s rights and liberties, unemployment and exploitation by capitalists and landowners;

by those who promoted, joined and developed the first organizations of workers and peasants, spread socialist ideas and founded the first Marxist and Marxist-Leninist movements;

by the members of the vanguard of the generation of the centenary of the birth of Martí who, imbued with his teachings, led us to the people’s revolutionary victory of January;

by those who defended the Revolution at the cost of their lives, thus contributing to its definitive consolidation;

by those who en masse carried out heroic internationalist missions;

GUIDED

by the ideas of José Martí and the political and social ideas of Marx, Engels and Lenin;

BASING OURSELVES

on proletarian internationalism, on the fraternal friendship, aid, cooperation and solidarity of the peoples of the world, especially those of Latin America and the Caribbean;

AND HAVING DECIDED

to carry forward the triumphant Revolution of the Moncada and of the Granma of the Sierra and of Girón under the leadership of Fidel Castro, which sustained by the closest unity of all revolutionary forces and of the people won full national independence, established revolutionary power, carried out democratic changes, started the construction of socialism and, with the Communist Party at the forefront, continues this construction with the final objective of building a communist society;

AWARE

that all the regimes based on the exploitation of man by man cause the humiliation of the exploited and the degradation of the human nature of the exploiters;

that only under socialism and communism, when man has been freed from all forms of exploitation – slavery, servitude and capitalism – can full dignity of the human being be attained; and

that our Revolution uplifted the country and of Cubans;

WE DECLARE

our will that the law of laws of the Republic be guided by the following strong desire of José Martí, at last achieved;

"I want the fundamental law of our republic to be the tribute of Cubans to the full dignity of man";

AND ADOPT

by means of our free vote in a referendum, the following:

CONSTITUTION

CHAPTER I

POLITICAL, SOCIAL AND ECONOMIC

PRINCIPLES OF THE STATE

ARTICLE 1. Cuba is an independent and sovereign socialist state of workers, organized with all and for the good of all as a united and democratic republic, for the enjoyment of political freedom, social justice, individual and collective well-being and human solidarity.

ARTICLE 2. The name of the Cuban state is Republic of Cuba, the official language is Spanish and its capital city is Havana.

ARTICLE 3. In the Republic of Cuba sovereignty lies in the people, from whom originates all the power of the state. That power is exercised directly or through the assemblies of People’s Power and other state bodies which derive their authority from these assemblies, in the form and according to the norms established in the Constitution and by law.

When no other recourse is possible, all citizens have the right to struggle through all means, including armed struggle, against anyone who tries to overthrow the political, social and economic order established in this Constitution.

ARTICLE 4. The national symbols are those which, for over one hundred years, have presided over the Cuban struggles for independence, the tights of the people and social progress:

the lag of the lone star;

the anthem of Bayamo;

the coat of arms of the royal palm.

ARTICLE 5. The Communist Party of Cuba, a follower of Martí’s ideas and of Marxism-Leninism, and the organized vanguard of the Cuban nation, is the highest leading force of society and of the state, which organizes and guides the common effort toward the goals of the construction of socialism and the progress toward a communist society,

ARTICLE 6. The Young Communist League, the organization of Cuba’s vanguard youth, has the recognition and encouragement of the state in its main duty of promoting the active participation of young people in the tasks of building socialism and adequately preparing the youth to be conscientious citizens capable of assuming ever greater responsibilities for the benefit of our society.

ARTICLE 7. The Cuban socialist state recognizes and stimulates the social and mass organizations, which arose from the historic process of struggles of our people. These organizations gather in their midst the various sectors of the population, represent specific interests of the same and incorporate them to the tasks of the edification, consolidation and defense of the socialist society.

ARTICLE 8. The state recognizes, respects and guarantees freedom of religion.

In the Republic of Cuba, religious institutions are separate from the state.

The different beliefs and religions enjoy the same consideration.

ARTICLE 9. The state:

a) carries out the will of the working people and

- channels the efforts of the nation in the construction of socialism;

- maintains and defends the integrity and the sovereignty of the country;

- guarantees the liberty and the full dignity of man, the enjoyment of his rights, the exercise and fulfillment of his duties and the integral development of his personality;

- consolidates the ideology and the rules of living together and of conduct proper of a society free from the exploitation of man by man;

- protects the constructive work of the people and the property and riches of the socialist nation;

- directs in a planned way the national economy;

- assures the educational, scientific, technical and cultural progress of the country;

b) as the power of the people and for the people, guarantees

- that every man or woman, who is able to work, have the opportunity to have a job with which to contribute to the good of society and to the satisfaction of individual needs;

- that no disabled person be left without adequate mean of subsistence;

- that no sick person be left without medical care;

- that no child be left without schooling, food and clothing;

- that no young person be left without the opportunity to study;

- that no one be left without access to studies, culture and sports;

c) works to achieve that no family be left without a comfortable place to live.

ARTICLE 10. All state bodies, their leaders, officials and employees function within the limits of their respective competency and are under the obligation to strictly observe socialist legality and to look after the respect of the same within the context of the whole of society.

ARTICLE 11. The state exercises its sovereignty:

a) over the entire national territory, which consists of the island of Cuba, the Isle of Youth and all other adjacent islands and keys; internal waters; the territorial waters in the extension prescribed by law; and the air space corresponding to the above;

b) over the environment and natural resources of the country;

c) over mineral, plant and animal resources on and under the ocean floor and those in waters comprised in the Republic’s maritime economic area, as prescribed by law, in keeping with international practice.

The Republic of Cuba rejects and considers illegal and null all treaties, pacts and concessions which were signed in conditions of inequality, or which disregard or diminish its sovereignty and territorial integrity.

ARTICLE 12. The Republic of Cuba espouses the principles of anti-imperialism and internationalism, and

a) ratifies its aspirations to a valid, true and dignified peace for all states, big or small, weak or powerful, based on respect for the independence and sovereignty of the peoples and the right to self-determination;

b) establishes its international relations based on the principles of equality of rights, self-determination of the peoples, territorial integrity, independence of states, international cooperation for mutual and equitable benefit and interest, peaceful settlement of disputes on an equal footing and based on respect and the other principles proclaimed in the United Nations Charter and in other international treaties which Cuba is a party to;

c) reaffirms its desire for integration and cooperation with the countries of Latin America and the Caribbean, whose common identity and historical need to advance united on the road to economic and political integration for the attainment of true independence would allow us to achieve our rightful place in the world;

d) advocates the unity of all Third World countries in the face of the neocolonialist and imperialist policy which seeks to limit and subordinate the sovereignty of our peoples, and worsen the economic conditions of exploitation and oppression of the underdeveloped nations;

e) condemns imperialism, the promoter and supporter of all fascist, colonialist, neocolonialist and racist manifestations, as the main force of aggression and of war, and the worst enemy of the peoples;

f) repudiates direct or indirect intervention in the internal and external affairs of any state and, therefore, also repudiates armed aggression, economic blockade, as well as any other kind of economic or political coercion, physical violence against people residing in other countries, or any other type of interference with or aggression against the integrity of states and the political, economic and cultural elements of nations;

g) rejects the violation of the inalienable and sovereign right of all states to regulate the use and benefits of telecommunications in their territory, according to universal practice and international agreements which they have signed;

h) considers wars of aggression and of conquest international crimes; recognizes the legitimacy of the struggle for national liberation, as well as of armed resistance to aggression; and considers that its solidarity with those under attack and with the peoples that struggle for their liberation and self-determination constitutes its internationalist duty;

i) bases its relations with those countries building socialism on fraternal friendship, cooperation and mutual assistance, founded on the common objectives of the construction of a new society;

j) maintains friendly relations with those countries which – although having a different political, social and economic system – respect its sovereignty, observe the rules of coexistence among states and the principles of mutual conveniences, and adopt an attitude of reciprocity with our country.

ARTICLE 13. The Republic of Cuba grants asylum to those who are persecuted because of their ideals or their struggles for democratic rights; against imperialism, fascism, colonialism and neocolonialism; against discrimination and racism; for national liberation; for the rights of workers, peasants and students and the redress of their grievances; for their progressive political, scientific, artistic and literary activities; for socialism and peace.

ARTICLE 14. In the Republic of Cuba rules the socialist system of economy based on the people’s socialist ownership of the fundamental means of production and on the abolition of the exploitation of man by man.

In Cuba also rules the principle of socialist distribution of "from each according to his capacity, to each according to his work." The law establishes the provisions which guarantee the effective fulfillment of this principle.

ARTICLE 15. Socialist state property, which is the property of the entire people, comprises:

a) the lands that do not belong to small farmers or to cooperatives formed by them, the subsoil, mines, mineral, plant and animal resources in the Republic’s maritime economic area, forests, waters and means of communications;

b) the sugar mills, factories, chief means of transportation and all those enterprises, banks and facilities that have been nationalized and expropriated from the imperialist, landholders and bourgeoisie, as well as the factories, enterprises and economic facilities and scientific, social, cultural and sports centers built, fostered or purchased by the state and those to be built, fostered or purchased by the state in the future.

Property ownership may not be transferred to natural persons or legal entities, save for exceptional cases in which the partial or total transfer of an economic objective is carried out for the development of the country and does not affect the political, social and economic foundations of the state, prior to approval by the Council of Ministers or its Executive Committee.

The transfer of other property rights to state enterprises and other entities authorized to fulfill this objective will be prescribed by law.

ARTICLE 16. The state organizes, directs and controls the economic life of the nation according to a plan that guarantees the programmed development of the country, with the purpose of strengthening the socialist system, of increasingly satisfying the material and cultural needs of society and of citizens, of promoting the flourishing of human beings and their integrity, and of serving the progress and security of the country.

The workers of all branches of the economy and of the other spheres of social life have an active and conscious participation in the elaboration and execution of the production and development plans.

ARTICLE 17. The state directly administers the goods that make up the socialist property of the entire people’s, or may create and organize enterprises and entities to administer them, whose structure, powers, functions and the system of their relations are prescribed by law.

These enterprises and entities only answer for their debts through their financial resources, within the limits prescribed by law. The state does not answer for debts incurred by the enterprises, entities and other legal bodies, and neither do these answer for those incurred by the state.

ARTICLE 18. The state controls and directs foreign trade. The law establishes the state institutions and officials authorized to:

- create foreign trade enterprises;

- standardize and regulate export and import transactions; and

- determine the natural persons or legal bodies with judicial powers to carry out these export and import transactions and to sign trade agreements.

ARTICLE 19. The state recognizes the right of small farmers to legal ownership of their lands and other real estate and personal property necessary for the exploitation of their land, as prescribed by law.

Small farmers may only incorporate their lands to agricultural production cooperatives with the previous authorization of the competent state body and fulfillment of the other legal requirements. They may also sell their lands, swap them or transfer them for another title to the state and agricultural production cooperatives, or to small farmers in the cases, forms and conditions prescribed by law, without detriment to the preferential right of the state to the purchase of the land while paying a fair price.

Land leases, sharecropping, mortgages and all other acts which entail a lien on the land or cession to private individuals of the rights to the land which is the property of the small farmers are all prohibited.

The state supports the small farmers’ individual production which contributes to the national economy.

ARTICLE 20. Small farmers have the right to group themselves, in the way and following the requirements prescribed by law both for the purpose of agricultural production and for obtaining state loans and services.

The establishment of agricultural production cooperatives in the instances and ways prescribed by law is authorized. Ownership of the cooperatives, which constitutes an advanced and efficient form of socialist production, is recognized by the state.

The agricultural production cooperatives manage, own use and dispose of the goods they own, as prescribed by law and by its regulations.

Land owned by cooperatives may not be seized or taxed and its ownership may be transferred to other cooperatives or to the state, according to the causes and as prescribed by law.

The state gives all possible support to this form of agricultural production.

ARTICLE 21. The state guarantees the right to personal ownership of earnings and savings derived from one’s own work, of the dwelling to which one has legal title and of the other possessions and objects which serve to satisfy one’s material and cultural needs.

Likewise, the state guarantees the right of citizens to ownership of their personal or family work tools. These tools may not be used to obtain earning derived from the exploitation of the work of others.

The law establishes the amount of goods owned by a person which can be seized.

ARTICLE 22. The state recognizes the right of political, mass and social organizations to ownership of the goods intended for the fulfillment of their objectives.

ARTICLE 23. The state recognizes the right to legal ownership of joint ventures, companies and economic associations which are created as prescribed by law.

The use enjoyment and disposal of the goods owned by the above-mentioned entities are ruled by that prescribed by law and by accords, as well as by their statutes and regulations.

ARTICLE 24. The state recognizes the right of citizens to inherit legal title to a place of residence and to other personal goods and chattels.

The land and other goods linked to production in the small farmers’ property may be inherited by and only be awarded to those heirs who work the land, save exceptions and as prescribed by law.

The law prescribes the cases, conditions and ways under which the goods of cooperative ownership may by inherited.

ARTICLE 25. The expropriation of property for reasons of public benefit or social interest and with due compensation is authorized.

The law establishes the method for the expropriation and the bases on which the need for and usefulness of this action is to be determined, as well as the form of compensation, taking into account the interest and the economic and social needs of the person whose property has been expropriated.

ARTICLE 26. Anybody who suffers damages unjustly caused by a state official or employee while in the performance of his public functions has the right to claim and obtain the corresponding indemnification as prescribed by law.

ARTICLE 27. The state the environment and natural resources. It recognizes the close links they have with sustainable economic and social development to make human life more rational and to ensure the survival, well-being and security of present and future generations. The application of this policy corresponds to the competent bodies.

It is the duty of citizens to contribute to the protection of the waters, atmosphere, the conservation of the soil, flora, fauna and nature’s entire rich potential.

CHAPTER II

CITIZENSHIP

ARTICLE 28. Cuban citizenship is acquired by birth or through naturalization.

ARTICLE 29. Cuban citizens by birth are:

a) those born in national territory, with the exception of the children of foreign persons at the service of their government or international organizations. In the case of the children of temporary foreign residents in the country, the law stipulates the requisites and formalities;

b) those born abroad, one of whose parents at least is Cuban and on an official mission;

c) those born abroad, one of whose parents at least is Cuban, who have complied with the formalities stipulated by law;

d) those born outside national territory, one of whose parents at least is Cuban and who lost their Cuban citizenship provide they apply for said citizenship according to the procedures stated by law;

e) foreigners who, by virtue of their exceptional merits won in the struggles for Cuba’s liberation, were considered Cuban citizens by birth.

ARTICLE 30. Cuban citizens by naturalization are:

a) those foreigners who acquire Cuban citizenship in accordance with the regulations established by law;

b) those who contributed to the armed struggle against the tyranny overthrown on January 1, 1959, provided they show proof of this in the legally established form;

c) those who having been arbitrarily deprived of their citizenship of origin, obtain Cuban citizenship by virtue of an express agreement of the Council of State.

ARTICLE 31. Neither marriage nor its dissolution affect the citizenship status of either of the spouses or their children.

ARTICLE 32. Cubans may not be deprived of their citizenship save for established legal causes. Neither may they be deprived of the right to change citizenship.

Dual citizenship is not recognized. Therefore, when a foreign citizenship is acquired, the Cuban one will be lost.

Formalization of the loss of citizenship and the authorities empowered to decide on this is prescribed by law.

ARTICLE 33. Cuban citizenship may be regained in those cases and ways specified by law.

CHAPTER II

ALIENS

ARTICLE 34. Foreign residents in the territory of the Republic are equal to Cubans in:

- the safeguarding of persons and property;

- the enjoyment of the rights and the fulfillment of the duties recognized in this Constitution, under the conditions and with the limitations prescribed by law;

- the obligation to observe the Constitution and the law;

- the obligation to contribute to the public expenditure in the form and amount prescribed by law;

- the submission to the jurisdiction and resolutions of the Republic’s courts of justice and authorities.

The law establishes the cases and the ways in which foreigners may be expelled from national territory and the authorities empowered to decide on this.

CHAPTER IV

THE FAMILY

ARTICLE 35. The state protects the family, motherhood and matrimony.

The state recognizes the family as the main nucleus of society and attributes to it the important responsibilities and functions in the education and formation of the new generations.

ARTICLE 36. Marriage is the voluntarily established union between a man and a woman, who are legally fit to marry, in order to live together. It is based on full equality of rights and duties for the partners, who must see to the support of the home and the integral education of their children through a joint effort compatible with the social activities of both.

The law regulates the formalization, recognition and dissolution of marriage and the rights and obligations deriving from such acts.

ARTICLE 37. All children have the same rights, regardless of being born in or out of wedlock.

Any qualification concerning the nature of the filiation is abolished.

No statement shall be made either with to the difference in birth or the civil status of the parents in the registration of the children’s birth or in any other documents that mention parenthood.

The state guarantees, through adequate legal mean, the determination and recognition of paternity.

ARTICLE 38. The parents have the duty to provide nourishment for their children; to help them to defend their legitimate interests and in the realization of their just aspirations; and to contribute actively to their education and integral development as useful and well-prepared citizens for life in a socialist society.

It is the children’s duty, in turn, to respect and help their parents.

CHAPTER V

EDUCATION AND CULTURE

ARTICLE 39. The state orients, foments and promotes education, culture and science in all their manifestations.

Its educational and cultural policy is based on the following principles:

a) the state bases its educational and cultural policy on the progress made in science and technology, the ideology of Marx and Martí, and universal and Cuban progressive pedagogical tradition;

b) education is a function of the state and is free of charge. It is based on the conclusions and contributions made by science and on the close relationship between study and life, work and production.

The state maintains a broad scholarship system for students and provides the workers with multiple opportunities to study to be able to attain the highest possible of knowledge and skills.

The law established the integration and structure of the national system of education and the extent of compulsory education and defines the minimum level of general education that every citizen should acquire;

c) the state promotes the patriotic and communist education of the new generations and the training of children, young people and adults for social life.

In order to make this principle a reality, general education and specialized scientific, technical or artistic education are combined with work, development research, physical education, sports, participation in political and social activities and military training;

d) there is freedom of artistic creation as long as its content is not contrary to the Revolution. There is freedom of artistic expression;

e) in order to raise the level of culture of the people, the state foments and develops artistic education, the vocation for creation and the cultivation and appreciation of art;

f) there is freedom of creation and research in science. The state encourages and facilitates research and gives priority to that which is aimed at solving the problems related to the interests of society and the well-being of the people;

g) the state makes it possible for the workers to engage in scientific work and to contribute to the development of science;

h) the state promotes, foments and develops all forms of physical education and sports as a means of education and of contribution to the integral development of citizens;

i) the state defends Cuban culture’s identity and sees to the conservation of the nation’s cultural heritage and artistic and historic wealth. The state protects national monuments and places known for their natural beauty or their artistic or historic values;

j) the state promotes the participation of the citizens, through the country’s social and mass organizations, in the development of its educational and cultural policy.

ARTICLE 40. The state and society give special protection to children and young people.

It is the duty of the family, the schools, the state agencies and the social and mass organizations to pay special attention to the integral development of children and young people.

CHAPTER VI

EQUALITY

ARTICLE 41. All citizens have equal rights and are subject to equal duties.

ARTICLE 42. Discrimination because of race, skin color, sex, national origin, religious beliefs and any other form of discrimination harmful to human dignity is forbidden and will be punished by law.

The institutions of the state educate everyone from the earliest possible age in the principle of equality among human beings.

ARTICLE 43. The state consecrates the right achieved by the Revolution that all citizens, regardless of race, skin color, sex, religious belief, national origin and any situation that may be harmful to human dignity:

- have access, in keeping with their merits and abilities, to all state, public administration, and production services positions and jobs;

- can reach any rank in the Revolutionary Armed Forces and in Security and internal order, in keeping with their merits and abilities;

- be given equal pay for equal work;

- have a right to education at all national educational institutions, ranging from elementary schools to the universities, which are the same for all;

- be given health care in all medical institutions;

- live in any sector, zone or area and stay in any hotel;

- be served at all restaurants and other public service establishments;

- use, without any separations, all means of transportation by sea, land and air;

- enjoy the same resorts, beaches, parks, social centers and other centers of culture, sports, recreation and rest.

ARTICLE 44. Women and men have the same rights in the economic, political, cultural and social fields, as well as in the family.

The state guarantees women the same opportunities and possibilities as men, in order to achieve woman’s full participation in the development of the country.

The state organizes such institutions as children’s day-care centers, semi-boarding schools and boarding schools, homes for the elderly and services to make it easier for the working family to carry out its responsibilities.

The state looks after women’s health as well as that of their offspring, giving working women paid maternity leave before and after giving birth and temporary work options compatible with their maternal activities.

The state strives to create all the conditions which help make real the principle of equality.

CHAPTER VII

FUNDAMENTAL RIGHTS, DUTIES AND GUARANTEES

ARTICLE 45. Work in a socialist society is a right and duty and a source of pride for every citizen.

Work is remunerated according to its quality and quantity; when it is provided, the needs of the economy and of society, the choice of worker and his skills and ability are taken into account; this is guaranteed by the socialist economic system, that facilitates social and economic development, without crises, and has thus eliminated unemployment and the "dead season."

Nonpaid, voluntary work carried out for the benefit of all society in industrial, agricultural, technical, artistic and service activities is recognized as playing an important role in the formation of our people’s communist awareness.

Every worker has the duty to faithfully carry tasks corresponding to him at his job.

ARTICLE 46. All those who work have the right to rest, which is guaranteed by the eight-hour workday, a weekly rest period and annual paid vacations.

The state contributes to the development of vacation plans and facilities.

ARTICLE 47. By means of the Social Security System the state assures adequate protection to every worker who is unable to work because of age, illness or disability.

If the worker dies this protection will be extended to his family.

ARTICLE 48. The state protects, by means of social assistance, senior citizens lacking financial resources or anyone to take them in or care for them, and anyone who is unable to work and has no relatives who can help them.

ARTICLE 49. The state guarantees the right to protection, safety and hygiene on the job by means of the adoption of adequate measures for the prevention of accidents at work and occupational diseases.

Anyone who suffers an accident on the job or is affected by an occupational disease has the right to medical care and to compensation or retirement in those cases in which temporary or permanent work disability ensues.

ARTICLE 50. Everyone has the right to health protection and care. The state guarantees this right;

- by providing free medical and hospital care by means of the installations of the rural medical service network, polyclinics, hospitals, preventative and specialized treatment centers;

- by providing free dental care;

- by promoting the health publicity campaigns, health education, regular medical examinations, general vaccinations and other measures to prevent the outbreak of disease. All the population cooperates in these activities and plans through the social and mass organizations.

ARTICLE 51. Everyone has the right to education. This right is guaranteed by the free and widespread system of schools, semi-boarding and boarding schools and scholarships of all kinds and at all levels of education and because of the fact that all educational material is provided free of charge, which gives all children and young people, regardless of their family’s economic position, the opportunity to study in keeping with their ability, social demands and the needs of socioeconomic development.

Adults are also guaranteed this right; education for them is free of charge and with the specific facilities regulated by law, by means of the adult education program, technical and vocational education, training courses in state agencies and enterprises and the advanced courses for workers.

ARTICLE 52. Everyone has the right to physical education, sports and recreation.

Enjoyment of this right is assured by including the teaching and practice of physical education and sports in the curricula of the national educational system; and by the broad nature of the instruction and means placed at the service of the people, which makes possible the practice of sports and recreation on a mass basis.

ARTICLE 53. Citizens have freedom of speech and of the press in keeping with the objectives of socialist society. Material conditions for the exercise of that right are provided by the fact that the press, radio, television, cinema, and other mass media are state or social property and can never be private property. This assures their use at exclusive service of the working people and in the interests of society.

The law regulated the exercise of those freedoms.

ARTICLE 54. The rights to assembly, demonstration and association are exercised by workers, both manual and intellectual, peasants, women, students and other sectors of the working people, and they have the necessary means for this. The social and mass organizations have all the facilities they need to carry out those activities in which the members have full freedom of speech and opinion based on the unlimited right of initiative and criticism.

ARTICLE 55. The state, which recognizes, respects and guarantees freedom of conscience and of religion, also recognizes, respects and guarantees every citizen’s freedom to change religious beliefs or to not have any, and to profess, within the framework of respect for the law, the religious belief of his preference.

The law regulates the state’s relations with religious institutions.

ARTICLE 56. The home is inviolable. Nobody can enter the home of another against his will, except in those cases foreseen by law.

ARTICLE 57. Mail is inviolable. It can only be seized, opened and examined in cases prescribed by law. Secrecy is maintained on matters other than those which led to the examination.

The same principle is to be applied in the case of cable, telegraph and telephone communications.

ARTICLE 58. Freedom and inviolability of persons is assured to all those who live in the country.

Nobody can be arrested, except in the manner, with the guarantees and in the cases indicated by law.

The persons who has been arrested or the prisoner is inviolable in his personal integrity.

ARTICLE 59. Nobody can be tried or sentenced except by the competent court by virtue of laws which existed prior to the crime and with the formalities and guarantees that the laws establish.

Every accused person has the right to a defense.

No violence or pressure of any kind can be used against people to force them to testify,

All statements obtained in violation of the above precept are null and void and those responsible for the violation will be punished as outlined by law.

ARTICLE 60. Confiscation of property is only applied as a punishment by the authorities in the cases and by the methods determined by law.

ARTICLE 61. Penal laws are retroactive when they benefit the accused or person who has been sentenced. Other laws are not retroactive unless the contrary is decided for reasons of social interest or because it is useful for public purposes.

ARTICLE 62. None of the freedoms which are recognized for citizens can be exercised contrary to what is established in the Constitution and by law, or contrary to the existence and objectives of the socialist state, or contrary to the decision of the Cuban people to build socialism and communism. Violations of this principle can be punished by law.

ARTICLE 63. Every citizen has the right to file complaints with and send petitions to the authorities and to be given the pertinent response or attention within a reasonable length of time, in keeping with the law.

ARTICLE 64. Every citizen has the duty of caring for public and social property, observing work discipline, respecting the rights of others, observing standards of socialist living and fulfilling civic and social duties.

ARTICLE 65. Defense of the socialist homeland is the greatest honor and the supreme duty of every Cuban citizen.

The law regulates the military service which Cubans must do.

Treason against one’s country is the most serious of crimes; those who commit it are subject to the most severe penalties.

ARTICLE 66. Strict fulfillment of the Constitution and the laws is an inexcusable duty of all.

CHAPTER VIII

STATE OF EMERGENCY

ARTICLE 67. In the case of or in the face of an imminent natural disaster or catastrophe or any other circumstance that because of its nature, proportion or importance affects public order, the country’s security or the state’s stability, the president of the Council of State may declare a state of emergency in the entire national territory or in part of it, and order the mobilization of the population while it is in force.

The law regulates the manner in which the state of emergency is declared, its effects and its termination. It also determines the fundamental rights and duties recognized in the Constitution, its exercise being regulated in a different manner during the time the state of emergency is in force.

CHAPTER IX

PRINCIPLES OF ORGANIZATION

AND FUNCTIONING OF STATE AGENCIES

ARTICLE 68. State agencies are set up carry out their activity based on the principles of socialist democracy, which are manifested in the following regulations:

a) all members or representative bodies of state power are elected and subject to recall;

b) the masses control the activity of the state agencies, the deputies, delegates and officials;

c) those elected must render an account of their work and may be revoked at any time;

d) every state agency develops in a far-reaching manner, within its jurisdiction, initiatives aimed at taking advantage of the resources and possibilities which exist on a local level and to include the mass and social organizations in their work;

e) decisions of higher state bodies are compulsory for inferior ones;

f) inferior state bodies are responsible to higher ones and must render accounts of their work;

g) freedom of discussion, criticism and self-criticism and sub-ordination of the minority to the majority prevail in all collegiate state bodies.

CHAPTER X

HIGHER BODIES OF PEOPLE’S POWER

ARTICLE 69. The National Assembly of People’s Power is the supreme body of state power and represents and expresses the sovereign will of all the people. ARTICLE 70. The National Assembly of People’s Power is the only body in the Republic invested with constituent and legislative authority. ARTICLE 71. The National Assembly of People’s Power is comprised of deputies elected by free, direct and secret vote, in the proportion and according to the procedure established by law. ARTICLE 72. The National Assembly of People’s Power is elected for a period of five years. The period can only extended by virtue of a resolution of the Assembly itself in the event of war or in the case of other exceptional circumstances that may impede the normal holding of elections and while such circumstances exist. ARTICLE 73. The National Assembly of People’s Power, on meeting for a new legislature, elects from among its deputies its president, vice president and secretary. The law regulates the manner and procedure in which the Assembly is constituted and carries out this election. ARTICLE 74. The National Assembly of People’s Power elects, from among its deputies, the Council of State, which consists of one president, one first vice president, five vice presidents, one secretary and 23 other members. The president of the Council of State is, at the same time, the head of state and head of government. The Council of State is accountable for its action to the National Assembly of People’s Power, to which it must render accounts of all its activities. ARTICLE 75. The National Assembly of People’s Power is invested with the following powers: a) deciding on reforms to the Constitution according to that established inARTICLE 137; b) approving, modifying and annulling laws after consulting with the people when it is considered necessary in view of the nature of the law in question; c) deciding on the constitutionality of laws, decree-laws, decrees and all other general provisions; d) revoking in total or in part the decree-laws issued by the Council of State; e) discussing and approving the national plans for economic and social development; f) discussing and approving the state budget; g) approving the principles of the system for planning and the management of the national economy; h) approving the monetary and credit system; i) approving the general outlines of foreign and domestic policy; j) declaring a state of war in the event of military aggression and approving peace treaties; k) establishing and modifying the political-administrative division of the country pursuant to that established inARTICLE 102; l) electing the president, vice president and secretary of the National Assembly; m) electing the president, the first vice president, the vice presidents, the secretary, and the other members of the Council of State; n) approving, at the initiative of the president of the Council of State, the first vice president, the vice presidents and the other members of the Council of Ministers; o) electing the president, vice presidents and other judges of the People’s Supreme Court; p) electing the attorney general and the deputy attorney generals of the Republic; q) appointing permanent and temporary commissions; r) revoking the election or appointment of those persons elected or appointed by it; s) exercising the highest supervision over state and government bodies; t) keeping informed and evaluating and adopting pertinent decisions on the reports on the rendering of accounts submitted by the Council of State, the Council of Ministers, the People’s Supreme Court, the Office of the Attorney General of the Republic and the Provincial Assemblies of People’s Power. u) revoking those provisions or decree-laws of the Council of State and the decrees or resolutions of the Council of Ministers which are contrary to the Constitution or the law; v) revoking or modifying those resolutions or provisions of the local bodies of People’s Power which encroach on the Constitution, the laws, the decree-laws, the decrees and other provisions issued by a higher body, or those which are detrimental to the interests of other localities or the general interests of the nation; w) granting amnesty; x) calling for the holding of a referendum in those cases provided by the Constitution and others which the Assembly considers pertinent; y) establishing its ruler and regulations; z) all other powers invested by this Constitution. ARTICLE 76. All laws and resolutions of the National Assembly or People’s Power, barring those in relation to reforms in the Constitution, are adopted by a simple majority vote. ARTICLE 77. All laws approved by the National Assembly of People’s Power go into effect on the date determined by those laws in each case. Laws, decree-laws, decrees and resolutions, regulations and other general provisions of the national state bodies are published in the Official Gazette of the Republic. ARTICLE 78. The National Assembly of People’s Power holds two regular sessions a year and a special session when requested by one third of the membership or when called by the Council of State. ARTICLE 79. More than half of the total number of deputies must be present for a session of the National Assembly of People’s Power to be held. ARTICLE 80. All sessions of the National Assembly of People’s Power are public, excepting when the Assembly resolves to hold a closed-door session on the grounds of state interest. ARTICLE 81. The president of the National Assembly of People’s Power is invested with the power to: a) preside over the sessions of the National Assembly and see to it that its regulations are put into effect; b) call the regular sessions of the National Assembly; c) propose the draft agenda for the sessions of the National Assembly; d) sign and order the publication in the Official Gazette of the Republic of the laws and resolutions adopted by the National Assembly; e) organize the international relations of the National Assembly; f) conduct and organize the work of the permanent and temporary commissions appointed by the National Assembly; g) attend the meeting of the Council of State; h) all other powers assigned to him by this Constitution or the National Assembly of People’s Power. ARTICLE 82. The status of deputy does not entail personal privileges or economic benefits of any kind. During the period in which they carry out their activities, the deputies receive the same salary as in their workplace and maintain their links with it, for all purposes. ARTICLE 83. No deputy to the National Assembly of People’s Power may be arrested or placed on trial without the authorization of the Assembly – or the Council of State if the Assembly is not in session – except in cases of flagrant offenses. ARTICLE 84. It is the duty of the deputies to the National Assembly of People'’ Power to exercises their duties in benefit of the people'’ interests, stay in contact with their electors, listen to their problems, suggestions and criticism, and explain the policy of the state. They will also render account to them of the results of their activities, as prescribed by law. ARTICLE 85. The mandate of the deputies to the National Assembly of People’s Power may be revoked at any time, in the ways and for the causes prescribed by law. ARTICLE 86. The deputies to the National Assembly of People’s Power have the right to make inquiries to the Council of State, the Council of Ministers or the members of either and to have these inquiries answered during the course of the same session or at the next session. ARTICLE 87. It is the duty of all state bodies and enterprises to provide all necessary cooperation to the deputies in the discharge of their duties. ARTICLE 88. The proposal of laws is the responsibility of: a) the deputies to the National of People’s Power; b) the Council of State; c) the Council of Ministers; d) the commissions of the National Assembly of People’s Power; e) the Central Organization of Cuban Trade Unions and the national offices of the other social and mass organizations; f) the People’s Supreme Court, in matters related to the administration of justice; g) the Office of the Attorney General of the Republic, in maters within its jurisdiction; h) the citizens. In this case it is an indispensable prerequisite that the proposal be made by at least 10 000 citizens who are eligible to vote. ARTICLE 89. The Council of State is the body of the National Assembly of People’s Power that represents it in the period between sessions, puts its resolutions into effect and complies with all the other duties assigned by the Constitution. It is collegiate and for national and international purposes it is the highest representative of the Cuban state. ARTICLE 90. The Council of State is invested with the power to: a) summon special sessions of the National Assembly of People’s Power; b) set the date for the elections for the periodic renovation of the National Assembly of People’s Power; c) issue decree-laws in the period between the sessions of the National Assembly of People’s Power; d) give existing laws a general and obligatory interpretation whenever necessary; e) exercise legislative initiative; f) make all the necessary arrangements for the holding of referendums called for by the National Assembly of People’s Power; g) decree a general mobilization whenever the defense of the country makes it necessary and assume the authority to declare war in the event of aggression or to approve peace treaties – duties which the Constitution assigns to the National Assembly of People’s Power – when the Assembly is in recess and cannot be called to session with the necessary security and urgency; h) replace, at the initiative of its president, the members of the Council of Ministers in the period between the sessions of the National Assembly of People’s Power; i) issue general instructions to the courts through the Governing Council of the People’s Supreme Court; j) issue instructions to the Office of the Attorney General of the Republic; k) appoint and remove, at the initiative of its president, the diplomatic representatives of Cuba in others states; l) grant decorations and honorary titles; m) name commissions; n) grant pardons; o) ratify or denounce international treaties; p) grant or refuse recognition to diplomatic representatives of other states; q) suspend those provisions of the Council of Ministers and the resolutions and provisions of the Local Assemblies of People’s Power which run counter to the Constitution or the law or which run counter to the interests of other localities or to the general interests of the country, reporting on this action to the National Assembly of People’s Power in the first session held following the suspension agreed upon; r) revoke those resolutions and provisions of the local bodies of People’s Power which infringe the Constitution, the laws, the decree-laws, the decrees and other provisions issued by a higher body or when they are detrimental to the interests of other localities or to the general interests of the nation; s) approve its rules and regulations; t) it is also invested with the other powers conferred by the Constitution and laws or granted by the National Assembly of People’s Power. ARTICLE 91. All the decisions of the Council of State are adopted by a simple majority vote of its members. ARTICLE 92. The mandate entrusted to the Council of State by the National Assembly of People’s Power expires when the new Council of State, elected by virtue of its periodic renovation, takes power. ARTICLE 93. The president of the Council of State is head of government and is invested with the power to: a) represent the state and the government and conduct their general policy; b) organize and conduct the activities of, call for the holding of and preside over the sessions of the Council of State and the Council of Ministers; c) control and supervise the development of the activities of the ministries and other central agencies of the administration; d) assume the leadership of any ministry or central agency of the administration; e) propose to the National Assembly of People’s Power, once elected by the later, the members of the Council of Ministers; f) accept the resignation of the members of the Council of Ministers or propose either to the National Assembly of People’s Power or the Council of State the replacement of any of those members and, in both cases, to proposes the corresponding substitutes; g) receive the credentials of the heads of the heads of foreign diplomatic missions. This responsibility may be delegated to any of the vice presidents of the Council of State; h) assume the supreme command of all armed institutions and determine their general organization; i) preside over the National Defense Council; j) declare a state emergency in those cases provided for in this Constitution, stating his decision, as soon as the circumstances permit it, to the National Assembly of People’s Power or to the Council of State if the Assembly is unable to meet, according to legal effects; k) sign decree-laws and other resolutions of the Council of State and the legal provisions adopted by the Council of Ministers or its Executive Committee, and arrange for their publication in the Official Gazette of the Republic; l) assume all other duties assigned it by the Constitution or by law. ARTICLE 94. In cases of the absence, illness or death of the president of the Council of State, the first vice president assumes the president’s duties. ARTICLE 95. The Council of Ministers is the highest ranking executive and administrative body and constitutes the government of the Republic. The number, denomination and functions of the ministries and central agencies making up the Council of Ministers are determined by law. ARTICLE 96. The Council of Ministers is composed of the head of state and government, as its president, the first vice president, the vice presidents, the ministers, the secretary and the other members that the law determines. ARTICLE 97. The president, first vice president, vice presidents and other members of the Council of Ministers, as determined by the president, make up the Executive Committee. In periods between the meetings of the Council of Ministers, the Executive Committee can decide on matters under the jurisdiction of the Council of Ministers. ARTICLE 98. The Council of Ministers is invested with the power to: a) organize and conduct the political, economic, cultural, scientific, social and defense activities outlined by the National Assembly of People’s Power; b) propose the draft general plans for the socioeconomic development of the state and, after these are approved by the National Assembly of People’s Power, organize, conduct and supervise their implementation; c) conduct the foreign policy of the Republic and relations with other governments; d) approve international treaties and submit them to ratification by the Council of State; e) direct and control foreign trade; f) draw up the draft for the state budget and, once it is approved by the National Assembly of People’s Power, to see to its implementation; g) adopt measures aimed at strengthening the monetary and credit system; h) draw up bills and submit them to the consideration of the National Assembly of people’s Power or the Council of State, accordingly; i) see to national defense, the maintenance of order and security at home, the protection of citizens’ rights and the protection of lives and property in the event of natural disasters; j) conduct the administration of the state and unify, coordinate and supervise the activities of the agencies of the central administration and local administrations; k) implement the laws and resolutions of the National Assembly of People’s Power and the decree-laws and provisions issued by the Council of State and, if necessary, dictate the corresponding regulations; l) issue decrees and provisions on the basis of and pursuant to the existing laws and supervise their implementation; m) revoke the decisions taken by those administrations subordinated to the Provincial or Municipal Assemblies of People’s Power, adopted according to the powers delegated by the central state administration agencies, when these are contrary to the instructions issued from a higher level and whose fulfillment is compulsory; n) propose to the Provincial and Municipal Assemblies of People’s Power the revocation of those provisions adopted during their specific activities by the provincial and municipal administrations subordinated to them, when these are contrary to the instructions approved by the central state administration agencies, in the exercise of their functions; o) revoke those provisions issued by heads of central state administration agencies when these are contrary to the instructions issued from a higher level and whose fulfillment is compulsory; p) propose to the National Assembly of People’s Power or to the Council of State the suspension of those resolutions and provisions issued by the local assemblies of People’s Power which infringe existing laws and other provisions or are detrimental to the interests of other communities or the general interests of the nation; q) name the commissions it deems necessary to facilitate the fulfillment of the tasks assigned to it; r) appoint and remove officials in keeping with the powers it is invested with by the law; s) assume any duty assigned to it by the National Assembly of People’s Power or the Council of State. The law regulates the organization and functioning of the Council of Ministers. ARTICLE 99. The Council of Ministers is accountable to and periodically renders account of its activities to the National Assembly of People’s Power. ARTICLE 100. The members of the Council of Ministers are invested with the power to: a) conduct the affairs and tasks of the ministry or agency under their care, issuing the necessary resolutions and provisions to that effect; b) dictate, in the event it is not the specific duty of another state body, the necessary regulations to make possible the implementation of those laws and decree-laws which concern them; c) attend the sessions of the Council of Ministers, with the right to speak and vote, and submit to the consideration of the Council whatever bill, decree-law, decree, resolution or any other proposal they consider advisable; d) appoint, according to the law, the corresponding officials; e) they are also invested with any other power with which the Constitution and laws invest them. ARTICLE 101. The National Defense Council is constituted and prepared during peacetime to lead the country in conditions of a state of war, during a war, a general mobilization or a state of emergency. The law regulates its organization and activities. CHAPTER XI POLITICAL-ADMINISTRATIVE DIVISION ARTICLE 102. For political-administrative purposes the country is divided into provinces and municipalities; their number, boundaries and names are determined by law. The law many also establish other divisions. The province is the local society having, to all legal effects, a juridical personality. It is politically organized according to law to serve as an intermediate link between the central and municipal governments, covering a surface area equivalent to the municipalities within its demarcation. It exercises the functions and fulfills the state and administrative duties which are under its jurisdiction and has the fundamental duty of promoting the economic and social development of its territory, for which it coordinates and controls the fulfillment of the policies, programs and plans approved by the higher state bodies, with the support of its municipalities and taking their interests into account. The municipality is the local society having, to all legal effects, a juridical personality. It is politically organized according to law, covering a surface are that is determined by the necessary economic and social relations of its population, and with the capacity to meet the minimum local needs. The provinces and municipalities, in addition to exercising their corresponding functions, contribute to the realization of the state’s objectives. CHAPTER XII LOCAL BODIES OF PEOPLE’S POWER ARTICLE 103. The Assemblies of People’s Power set up in the political-administrative divisions into which the country is divided are the higher local bodies of state power. Therefore, they are invested with the highest authority for the exercise of their state functions within their respective boundaries. To this effect they govern in all that is under their jurisdiction and the law. They also aid in the development of activities and the fulfillment of plans of those units in their territory which are not subordinated to them, as prescribed by law. The local administrations established by these Assemblies direct the economic, production and service entities locally subordinated to them, with the purpose of meeting the needs for economic, health care, assistance, educational, cultural, sports and recreational services of the collective in the territory under the jurisdiction of each. For the exercise of their functions the local Assemblies of People’s Power find support in the People’s Councils and the initiative and broad participation of the population and they act in close coordination with the social and mass organizations. ARTICLE 104. The People’s Councils are constituted in cities, towns, neighborhoods and rural areas; they are invested with the highest authority for carrying out their functions; they represents the territory where they carry out their functions and also represent the municipal, provincial and national bodies of People’s Power. They work actively for efficiency in the development of production and service activities and for meeting the needs for health care, economic, educational, cultural and social activities of the population, promoting the broadest participation of the population and the local initiatives to resolve their problems. They coordinate the work of the existing entities in their field of action, promote cooperation among them and control and supervise their activities. The People’s Councils are made up of the delegates elected in the districts, who must choose among themselves their president. The representatives of mass organizations and the most important institutions in the territory may form part of the Councils. The law regulates the organizations and functions of the People’s Councils. ARTICLE 105. In the limits of their jurisdiction, the Provincial Assemblies of People’s Power are invested with the power to: a) obey and help to enforce the laws and other general regulations adopted by the higher state bodies; b) approve and control the execution of the province’s income and spending budget and plan, according to the policies agreed upon by the competent national agencies; c) elect or recall the president and vice president of the Provincial Assembly; d) designate or substitute the secretary of the Assembly; e) participate in the drawing up and supervision of the state budget and technical-economic plan, corresponding to the entities located in its territory and subordinated to other bodies, as prescribed by law; f) control and supervise the activities of the provincial administration body with the help of its work commissions; g) designate or substitute the members of the provincial administration body, at the proposal of its president; h) determine, according to the principles established by the Council of Ministers, the organization, functioning and tasks of the entities in charge of carrying out the economic, production and services, educational, health care, cultural, sports, protection of the environment and recreational activities, which are subordinated to the provincial administration body; i) adopt agreements concerning administration matters in its territory and which, according to law, do not correspond to the general jurisdiction of the central state administration or to that of the municipal bodies of state power; j) approve the creation and organization of the People’s Councils at the proposal of the Municipal Assemblies of People’s Power; k) revoke, in the framework of its jurisdiction, the decisions adopted by the provincial administration body or propose their revocation to the Council of Ministers when these decisions have been adopted while acting according to the faculties entrusted to them by the central state administration agencies; l) study and evaluate the rendering of accounts reports presented by their administration body and the Assemblies of People’s Power which are their subordinates, and adopt the pertinent decisions regarding those reports; m) set up or dissolve work commissions; n) attend to all that relevant to the application of the policy on cadres drawn up by the higher state bodies; o) strengthen legality, public order and the country’s defense capacity; p) assume any other duty assigned by the Constitution and by law. ARTICLE 106. In the limits of their jurisdiction, the Municipal Assemblies of People’s power are invested with the power to: a) obey and help to enforce the laws and other general regulations adopted by the higher state bodies; b) elect or recall the president and vice president of the Assembly; c) designate or substitute the secretary of the Assembly; d) supervise and control the entities subordinated to the municipal body, with the support of the work commissions; e) revoke or modify the resolutions and measures of the bodies or authorities subordinated to them which are contrary to the Constitution or the laws, decrees-laws, decrees, resolutions enacted by the higher state bodies or those which affect the interest of the community, of other territories or the general interests of the country, or propose their revocation to the Council of Ministers when they have been adopted while acting according to the faculties entrusted to them by the central state administration agencies; f) adopt agreements and enact measures in the framework of the Constitution and the laws in force, on matters of municipal interest, and control their application; g) designate or substitute the members of its administration body on the proposal of its president; h) determine, according to the principles established by the Council of Ministers, the organization, functioning and tasks of the entities in charge of carrying out economic, production and services, and health care activities, and others such as assistance, educational, cultural, sports, protection of the environment and recreational activities which are subordinated to its administration body; i) propose the creation and organization of the People’s Councils, as established by law; j) constitute or dissolve work commissions; k) approve the municipality’s socioeconomic plan and budget, following the policy drawn up for this by the competent agencies of the central state administration, and control their execution; l) help in the development of activities and the fulfillment of production and service plans of the entities located in their territory which are not subordinated to them, for which they can draw support from their work commissions and administration body; m) study and evaluate the rendering of accounts reports presented by their administration body and adopt the pertinent decisions thereof; n) attend to all that having to do with the application of the policy on cadres drawn up by the higher state bodies: o) strengthen legality, public order and the country’s defense capacity; p) carry out any other functions assigned by the Constitution and by law. ARTICLE 107. The regular and special sessions of the local Assemblies of People’s Power are public, except in cases when it is agreed to hold them behind closed doors for reasons of state or when matters referring to the decorum of persons are involved. ARTICLE 108. In order for agreements of the local Assemblies of People’s Power to be valid, more than half of the total number of members must be present. Agreements are adopted by simple majority. ARTICLE 109. The entities organized to meet local needs with the aim of fulfilling their specific objectives, are ruled by laws, decree-laws and decrees; by agreements adopted by the Council of Ministers; by regulations issued by the heads of central state administration agencies on matters under their jurisdiction which are of general interest and that require being regulated on a national level; and by agreements adopted by the local bodies to which they are subordinated. ARTICLE 110. The permanent work commissions are constituted by the Provincial and Municipal Assemblies of People's Power to meet the specific interests of their localities, in order to help them carry out their activities and especially to control and supervise the locally subordinated entities and others corresponding to further levels of subordination which are located in their territory. Temporary commissions fulfill specific tasks assigned within the time limits indicated. ARTICLE 111. The Provincial Assemblies of People’s Power are renovated every five years, which is the delegates’ tern of office. The Municipal Assemblies of People’s Power are renovated every two and a half years, which is the delegates’ tern of office. These terns may only be extended by decision of the National Assembly of People’s Power, in the cases mentioned inARTICLE 72. ARTICLE 112. The tern of the delegated to local Assemblies may be revoked at any time. The law prescribes the manner, the cases and the methods in which they may be revoked. ARTICLE 113. The delegates fulfill the mandate of their electors, in the interest of all the community, for which they must coordinate their functions as such with their usual responsibilities and tasks. The law regulates the manner in which these functions are carried out. ARTICLE 114. The delegates to the Municipal Assemblies of People’s Power have the rights and duties conferred by the Constitution and by law and they are especially obliged to: a) make the opinions, needs and problems expressed by their electors known to the Assembly and to the local administration; b) report to their electors on the policies of the Assembly and the measures adopted to resolve the problems posed by the population or outline the reason why they have not been resolved; c) render account of their activities on a regular basis to their electors, and report to the Assembly or to the commission they belong to on the fulfillment of the tasks assigned to them when they are asked to do so. ARTICLE 115. The delegates to the Provincial Assemblies of People’s Power have the duty to carry out their activities for the benefit of the collective and report on the measures taken by them on a personal basis, according to the procedure established by law. ARTICLE 116. The Provincial and Municipal Assemblies of People’s Power elect their president and vice president from among their delegates. ARTICLE 117. The president of the Provincial and Municipal Assemblies of People’s Power are also the presidents of their respective administration bodies and represent the state in their territories. Their functions are established by law. ARTICLE 118. The administration bodies which constitute the Provincial and Municipal Assemblies of People’s Power work on a collegiate basis and their composition, integration, functions and duties are established by law. ARTICLE 119. The Provincial and Municipal Defense Councils and the Defense Zone Councils are constituted and organized during peacetime to conduct their respective territories’ affairs, in conditions of a state of war, during a war, a general mobilization or a state of emergency, based on the general defense plan and the army’s military councils corresponding role and responsibilities. The National Defense Council determines, according to law, the organization and functions of these Councils. CHAPTER XIII THE COURTS AND THE OFFICE OF THE ATTORNEY GENERAL ARTICLE 120. The function of administering justice springs from the people and is carried out on its behalf by the People’s Supreme Court and the other courts which the law establishes. The law establishes the main objectives of judicial activity and regulates the organization of the courts; the extension of their jurisdiction and competence; their authority and the form of exercising it; the standards that judges must meet, the manner in which they must be elected and the causes and methods for recalling them or for the cessation of their functions. ARTICLE 121. The courts constitute a system of state bodies which are set up with functional independence from all other systems and they are only subordinated to the National Assembly of People’s Power and the Council of State. The People’s Supreme Court is the foremost judicial authority and its decisions in this field are final. Through its Governing Council it can propose and issue regulations; make decisions and enact norms whose fulfillment is compulsory for all courts and, based on their experience, it issues instructions which are also compulsory in order to establish uniform judicial practice in the interpretation and application of the law. ARTICLE 122. The judges, in their function of administering justice, are independent and only owe obedience to the law. ARTICLE 123. The sentences and other decisions of the courts, pronounced or enacted within the limits of their jurisdiction, must be obeyed and implemented by state agencies, economic and social institutions and citizens, by those directly affected and by those who do not have a direct interest in their implementation but have the only the duty to participate in it. ARTICLE 124. For administering justice all courts function in a collegiate form and professional and lay judges participate in them with equal rights and duties. The judicial functions assigned to lay judges, in view of their social importance, have priority over their usual occupation. ARTICLE 125. The courts render an account of the results of their work in the manner and with the periodicity established by law. ARTICLE 126. Judges can only be recalled by the body which elected them. ARTICLE 127. The Office of the Attorney General of the Republic is the state body which has, as its fundamental objective, jurisdiction over the control and preservation of legality by ensuring that the Constitution, the law and other legal regulations are strictly obeyed by state agencies, economic and social entities and citizens; and representing the state in the promotion and exercise of public legal action. The law determines the other objectives and functions as well as the form, duration and occasion in which the Office of the Attorney General exercises its power. ARTICLE 128. The Office of the Attorney General of the Republic constitutes an organic unit which is only subordinated to the National Assembly of People’s Power and the Council of State. The Attorney General of the Republic is given instructions directly from the Council of State. The Attorney General of the Republic will handle the direction and control of all the work done by his office all over the country. The bodies of the Office of the Attorney General are organized in a vertical manner all over the country. They are subordinate only to the Office of the Attorney General of the Republic and are independent of all local bodies. ARTICLE 129. The Attorney General of the Republic and the assistant attorney generals are elected and subject to recall by the National Assembly of People’s Power. ARTICLE 130. The Attorney General of the Republic renders an account of his work to the National Assembly of People’s Power in the form and with the periodicity established by law. CHAPTER XIV ELECTORAL SYSTEM ARTICLE 131. All citizens, with the legal capacity to do so, have the right to take part in the leadership of the state, directly or through their elected representatives to the bodies of People’s Power, and to participate, for this purpose and as prescribed by law, in the periodic elections and people’s referendums through free, equal and secret vote. Every voter has only vote. ARTICLE 132. All Cubans over 16 years of age, men and women alike, have the right to vote except those who: a) are mentally disabled and have been declared so by court; b) have committed a crime and because of this have lost the right to vote. ARTICLE 133. All Cuban citizens, men and women alike, who have full political rights can be elected. If the election is for deputies to the National Assembly of People’s Power they must be more than 18 years old. ARTICLE 134. Members of the Revolutionary Armed Forces and other military institutions of the nation have the right to elect and be elected, just like any other citizen. ARTICLE 135. The law determines the number of delegates that make up each of the Provincial and Municipal Assemblies, in proportion to the number of people who live in each of the regions into which, for electoral purposes, the country is divided. The delegates to the Provincial and Municipal Assemblies are elected by the voters through free, direct and secret vote. Moreover, the law regulates the procedure for their election. ARTICLE 136. In order for deputies or delegates to be considered elected they must get more than half the number of valid votes cast in the electoral districts. If this does not happen, or in cases of vacant posts, the law regulates the procedure to be followed. CHAPTER XV CONSTITUTIONAL REFORMS ARTICLE 137. This Constitution can only be totally or partially modified by the National Assembly of People’s Power by means of resolutions adopted by roll-call vote by a majority of no less than two-thirds of the total number of members. If the modification is total of has to do with the integration and authority of the National Assembly of People’s Power or its Council of State or the rights and duties contained in the Constitution, the approval of the majority of citizens with the right to vote is required via a referendum organized for this purpose by the Assembly. This Constitution, which was proclaimed on February 24, 1976, contains the reforms approved by the National Assembly of People’s Power in the 11th Regular Session of the 3rd Legislature, held on July 10, 11 and 12 of 1992.