Constitution of Phinbella/Constitution of Phinbella 2023: Difference between revisions
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* no election for any House of Parliament or any Parliament of an Entity or any Legislature of a Territory shall be called into question except by election petition presented to that authority and in such manner as may be provided by or under which -any law made by the appropriate Legislature. | * no election for any House of Parliament or any Parliament of an Entity or any Legislature of a Territory shall be called into question except by election petition presented to that authority and in such manner as may be provided by or under which -any law made by the appropriate Legislature. | ||
== TWELVETH CHAPTER - == | == TWELVETH CHAPTER - Economy == | ||
== THIRTEENTH CHAPTER - == | == THIRTEENTH CHAPTER - Finance == | ||
== FOURTEENTH CHAPTER - == | == FOURTEENTH CHAPTER - == |
Revision as of 13:53, 4 July 2023
Bismillahirahmanirrahim,
We, the Phinbellans, with a glorious tradition and history since time immemorial, follow an unwavering spirit of independence, as shown in the establishment of the Federal Republic of Phinbella in the course of the Phinbella sovereignty movement and the cause of the Provisional Government of Phinbella in 2600,
Currently involved in rebuilding a democratic and independent country, determined:
To consolidate national unity with justice, humanity, brotherly love and the elimination of all kinds of social evils,
To offer equal opportunities to everyone,
To provide for the full development of equal individual equality in all areas of political, economic, social and cultural life,
And to allow everyone to fulfill his duty and responsibility through work and extortion and,
Under the banners:
JUSTICE, social, economic and political;
FREEDOM of thought, expression, belief, faith and worship;
EQUALITY of status and opportunity; and to promote among them all a BROTHERHOOD guaranteeing the dignity of the individual and the unity [and integrity] of the Nation;
Resolved to promote the welfare of the people, to maintain perpetual international peace, to abolish all aggression, despotism and poverty, and thereby to secure the Safety, Liberty and Happiness of ourselves and our posterity,
Do hereby amend, through a national referendum following a resolution by the Federal Legislative Assembly, the Constitution, which was consecrated and established on July 12, 2615, and amended for the first time thereafter.
TBA, 2619
The Phinbellans, Taemhwanians, and Niueians, as citizens of the federal entities (together with Others), and Phinbellans hereby determine that the Constitution of Phinbella is as follows:
FIRST CHAPTER - General Provisions
Article 1
- The Federal Republic of Phinbella, shall be a union of states with a democratic republic system.
- The Federal Republic of Phinbella declares itself to be a democratic, secular, legal and social state whose highest value is the individual, life, rights and freedom.
- The basic principles of the activities of the Federal Republic are public harmony and political stability; economic development for the benefit of all countries; Phinbellan patriotism and the resolution of the most important issues in national affairs through democratic methods including voting in national referendums or in Parliament.
Article 2
The sovereignty of the Federal Republic of Phinbella within the Phineonesian Confederation (or the Confederation of the Phineonesian Nations) shall rest with the people as a whole. All state authorities must originate from the people.
Article 3
The requirements for Phinbellan citizenship shall be determined by law through the Phinbella nationality law.
Article 4
- The people should be the only source of national power.
- The people must exercise power directly through national referendums and free elections and delegate the exercise of their power to national institutions.
- No one is entitled to proper authority in the Federal Republic of Phinbella. Separation of powers should be enforced by law. The right to act on behalf of the people and the country belongs to the President and also the Parliament of the Republic within the limits of constitutional authority. The government and other state bodies must act on behalf of the state only within the limits of their delegated powers.
- State power in the Federal Republic of Phinbella is consolidated and exercised based on the Constitution and laws in accordance with the principles of its division into legislative, executive and judicial branches and a system of checks and balances that govern their interaction.
Article 5
The territory of the Federal Republic of Phinbella shall consist of part of the Cyber-Island Chain and part of the Skerry Islands, and the additional islands either in the Captive Sea or in the surrounding seas, it includes special administrative territories and dependent territories outside the area.
Article 6
- The Federal Republic of Phinbella shall be divided into three administrative divisions which are federal entities, special administrative territories and dependent territories.
- The Federal Republic of Phinbella shall have three entities namely the Federation of Phinbella (known as the Free area of the Federation), the Republic of Oriental Hispanioeire Taemhwan and the State of Niue i Taman Lawang (hereinafter "Entities").
Article 7
- All ethnic groups in the Federal Republic of Phinbella belonging to the Phinbellans, Taemhwanians and Niueians are the same. The state must protect the rights and legitimate interests of all ethnic minorities and uphold and promote relations of equality, unity, mutual help and harmony between all ethnic groups. Discrimination against and oppression of any ethnic group is prohibited, even if their culture conflicts with the religion of the ethnic majority; any act that affects the unity of ethnic groups or creates division among them is prohibited.
- The State shall, based on the characteristics and needs of all ethnic minorities, assist all ethnic minority areas in accelerating their economic and cultural development.
- All ethnic groups should have the freedom to use and develop their own spoken and written languages and to preserve or renew their own traditions and customs.
Article 8
The Federal Republic of Phinbella shall guarantee the freedom and equality and initiative of every individual in the field of political, social and economic life throughout Phinbella. It shall be responsible for their protection and adjustment to advance the public welfare. Phinbella and the Entities will not impede the full freedom of movement of people, goods, services and capital throughout Phinbella. The three Entities cannot establish control at the border between Entities.
Article 9
- The Federal Republic of Phinbella will denounce all aggressive wars. The mission of the national military is to perform the sacred duty of protecting the national territory.
- Each entity has its own military to be assigned to keep peace in those entities, the militaries of those entities must be part of the national military.
Article 10
Duly ratified and published treaties and generally recognized rules of international law are valid as binding constituent parts of Phinbellan law. The status of foreigners must be guaranteed within the scope of international law and international agreements.
Article 11
The Federal Republic of Phinbella shall have its state symbols - flag, coat of arms and national anthem. The description and order of their official use shall be determined by constitutional law.
Article 12
- This Constitution is the supreme law of the Federation and any law passed after Phinbellan National Day which conflicts with this Constitution shall, to the extent of such inconsistency, be void.
- The validity of any law shall not be questioned on the ground that -
- (a) it imposes restrictions on the rights referred to in Article 27 (2) but does not relate to the matters referred to therein; or
- (b) it imposes any restriction as mentioned in Article 28 (2) but such restriction is not considered necessary or expedient by Parliament for the purposes mentioned in that Article.
- The validity of any law made by the Parliament or Legislature of any Territory of the Federated States in the Federation (or Taemhwanian district of the province) cannot be questioned on the grounds that it makes provision in respect of any matter which Parliament or, as the case may be, the Territorial or Provincial Legislature has no power to make laws, except in proceedings for a declaration that the law is invalid on that ground or -
- if the law is made by Parliament, in proceedings between the Federation and one or more States;
- if the law is made by the Legislature of a Territory of the Federated States or Taemhwanian Provinces, in proceedings between the Federation and the Territories of the Federated States or Taemhwanian Provinces.
- Proceedings for a declaration that a law is invalid on the grounds mentioned in Clause (3) (not proceedings falling within paragraphs of Clause (a) or (b)) shall not be commenced without the permission of a judge of the Supreme Court.; and the Federation is entitled to be a party to any such proceedings, and likewise any Territory of the Federated States or Taemhwanian Provinces that will or may be a party to proceedings brought for the same purpose under paragraph Clause (a) or (b)).
SECOND CHAPTER - Administrative Divisions
Article 13
The administrative area of the Federal Republic of Phinbella shall be delineated as follows:
- This state consists of the territory of the federated states (or actually Territory), are collectively forming the Federal entity of Phinbella, as well as two other federal entities, the Republic of the Oriental Hispanioeire Taemhwan and Niue i Taman Lawang, and territories administered directly under the jurisdiction of the central government, as well as dependent territories;
- Territories of the federated states, directly administered territories and dependent territories consist of collectivities and autonomous sub-districts; and
- Collectivities and autonomous sub-districts consist of districts or communes that include townships, ethnic townships, towns and villages.
Article 14
Parliament may by law admit into the Federation or establish new Territories, and may upon such admission or establishment make or impose such terms and conditions, including the extent of representation in either House of Parliament, as deemed appropriate.
Article 15
Parliament may make laws for the government of any territory ceded by any Territories to and received by the Federation, or any territory placed by the President under authority and received by the Federation, or acquired by the Federation, and may allow such territory representation in any Parliament to such extent and on such terms as it thinks fit.
Article 16
Parliament may by law -
- forming a new Territory by the separation of a territory from any Territory or by uniting two or more Territories or parts of a Territory or by uniting any territory to a part of any Territory;
- increase the area of any Territory;
- reduce the area of any Territory;
- change the boundaries of any Territory;
- change the name of any Territory:
Provided that no Bill for that purpose shall be introduced in any House of Parliament except on the recommendation of the President and unless, if the proposition contained in the Bill affects the area, boundary or name of any Territory, the Bill- the law has been referred by the President to the Territorial Legislature for expressing his views on it in any period as stated in the reference or in any further period permitted by the President and the period so stated or permitted has expired.
- [Explanation I: In this article, in clauses (a) to (e), "Territory" includes the Federal territory, but in the proviso, "Territory" does not include the Federal territory, i.e. directly administered territory.]
- [Explanation II: The power conferred on Parliament by clause (a) includes the power to form a new Territory of the Federated States or directly administered territory by uniting part of any other Territory or directly administered territory to any territory of the other Federated States.]
Article 17
- Phinbella can establish special administrative areas when necessary. The system instituted in the special administrative region shall, based on certain circumstances, be established by law enacted by Parliament.
- Phinbella can abolish special administrative area if there is a lack of management and development in an area, and the area will or wants to be a Territory of the Federated States or a directly administered territory, or be part of both according to the above provisions and will be abolished by law enacted by Parliament.
Article 18
- Any law referred to in article 14 or article 16 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or Territory of the Federated States affected by such law) as Parliament may deem necessary.
- No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article xxx.
THIRD CHAPTER - Fundamental Liberty
Article 19
- All citizens are equal before the law. No discrimination, in any sphere of political, economic and social life, originating from gender, religion, or social position will exist. Privileged status will not be recognized now, nor in the future per set.
- The awarding of badges, medals and other decorations shall confer upon the holder only personal honor and no special status shall be assigned.
Article 20
- No one shall be deprived of his life or personal liberty except in accordance with law.
- If a complaint is made to the High court or any judge thereof that a person is unlawfully detained, the court shall investigate the complaint and, unless satisfied that the detention is lawful, shall order him to be brought to court and set him free.
- If a person is arrested he should be informed as soon as possible of the reason for his arrest and should be allowed to consult and be defended by a legal practitioner of his choice.
- If a person is arrested and not released he shall without unreasonable delay, and in any event within twenty-four hours (not including necessary travel time) be produced before a magistrate and shall not be further detained in custody without the magistrate's permission:
- Provided that this Clause shall not apply to the arrest or detention of any person under existing laws relating to restricted residence, and all provisions of this Clause shall be deemed to have become part of this Article since National Day.
- Clauses (3) and (4) do not apply to enemy aliens or for any person arrested for contempt of Parliament pursuant to a warrant issued under the hand of the Speaker.
Article 21
- No one shall be held in slavery.
- All forms of forced labor are prohibited, but Parliament may by law provide for compulsory service for national purposes.
- Work that is incidental to serving a prison sentence imposed by the court cannot be considered forced labor within the meaning of this Article.
Article 22
All citizens of Phinbella shall be free from "restricted residence" restrictions on choice of domicile, invasion, and search of private premises other than those prescribed by law.
Article 23
The privacy of correspondence of all citizens shall remain inviolable and shall not be inferred except by law.
Article 24
- No person shall be punished for an act or omission which is not punishable by law when it was committed or committed, and no person shall suffer a heavier punishment for an offense than that prescribed by law at the time it was committed. .
- A person who has been convicted or acquitted of an offense cannot be tried again for the same offense unless the conviction or acquittal has been overturned and a retrial ordered by a higher court than the one in which he was convicted or acquitted.
Article 25
- All people are equal before the law and are entitled to equal protection of the law.
- Except as expressly permitted by this Constitution, there shall be no discrimination against citizens of Phinbella solely on the grounds of religion, race, descent or place of birth in any law or in appointment to any office or employment under public authority. or in the administration of any law relating to the acquisition, holding or disposal of property or the establishment or carrying on of any trade, business, profession, occupation or employment.
- This does not invalidate or prohibit—
- any provisions governing personal law;
- any provision or practice that restricts positions or jobs related to the affairs of any religion, or institutions managed by groups that adhere to any religion, to persons who adhere to that religion;
- any provision for the protection, welfare or advancement of the indigenous people of Phinbella (including the reservation of land) or the reservation to indigenous people of a reasonable proportion of suitable positions in the public service;
- any provision prescribing residence in a Territory (or Entity) or part of a Territory (or Entity) as a qualification for election or appointment to any authority having jurisdiction only in the Territory (or Entity) or part thereof, or to vote in such elections;
- any provision of the Constitution of a Territory (or Federal Entity), which is or is equivalent to the provision in force immediately before National Day.
Article 26
All citizens will enjoy freedom of religion and conscience. No state religion will exist. Religion must be separated from politics, except that political parties based on Umraism are allowed to operate.
Article 27
- No Phinbellan citizen can be exiled or excluded from Phinbella.
- Subject to any laws relating to the safety of Phinbella or any part thereof, public order, public health or the punishment of offenders, every Phinbellan citizen has the right to move freely throughout Phinbella and reside in any part thereof.
Article 28
- Subject to clauses (2) and (3) —
- (a) every citizen of Phinbella has the right to freedom of speech and expression;
- (b) all citizens of Phinbella have the right to assemble peacefully and without arms;
- (c) all citizens of Phinbella have the right to form associations;
- (d) all citizens of Phinbella have the right to publish newspapers based on their respective ideologies; and
- (e) all citizens have the right to establish electronic media companies (such as radio and television) affiliated with newspapers.
- Parliament may by law impose—
- (a) upon the right conferred by clause (1) (a), such restrictions as he may deem necessary or expedient in the interests of the security of Phinbella or any part thereof, friendly relations with other countries, public order or morals and such restrictions as may be devised forms to protect the privileges of Parliament or provide for contempt of court, defamation or incitement to any offence;
- (b) in respect of the rights conferred by clause (1) (b), such restrictions as he deems necessary or expedient in the interests of the safety of Phinbella or any part thereof or public order; and
- (c) on the rights conferred by clause (1) (c), such restrictions as he considers necessary or expedient in the interests of the safety of Phinbella or any part thereof, public order or morals.
- Restrictions on the right to establish associations given by clause (1) (c) may also be imposed by any law relating to labor or education.
- In imposing restrictions in the interest of the security of Phinbella or any part thereof or public order under Clause (2) (a), Parliament may pass laws prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Chapter xxx, Article xxx, Article xxx or Article xxx other than those related to its implementation as stated in the law.
Article 29
All citizens should have freedom of science and art. The rights of authors, creators, and artists, shall be protected by law.
Article 30
Property rights must be guaranteed. Its context and extent shall be defined by law. The exercise of property rights must comply with public welfare. The acquisition, use or restriction or private property for public purposes shall be accompanied by appropriate compensation in accordance with the provisions of the law.
Article 31
- Everyone has the right to profess and practice their religion and spread it.
- No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own.
- Every religious group has the right -
- (a) to manage his own religious affairs;
- (b) to establish and maintain institutions for religious or charitable purposes; and
- (c) to acquire and own property and hold and administer it according to law.
- This article does not authorize any act contrary to any general law relating to public order, public health or morals.
Article 32
- Without prejudice to the generality of Article 25, there shall be no discrimination against any Phinbellan citizen solely on grounds of religion, race, descent or place of birth —
- (a) in the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or students or the payment of fees; or
- (b) in providing from public authority financial assistance funds for the maintenance or education of pupils or students in any educational institution (whether maintained by a public authority or not and whether within or outside Phinbella).
- Every religious group has the right to establish and maintain institutions for the education of children and to provide instruction therein in its own religion, and there shall be no discrimination solely on the basis of religion in any law relating to such institutions or in the administration of any such law.
- No person shall be required to receive instruction in or participate in any ceremony or worship of a religion other than his own.
- For the purposes of clause (3), the religion of a person under the age of 14 must be decided by the parent or guardian.
Article 33
Freedom of association, collective bargaining and collective labor action shall be guaranteed within the limits of the law. Employees who work in a profit-making private enterprise are entitled to share in the profits of the enterprise in accordance with the provisions of the law.
Article 34
Marriage should be based on equality between men and women. The sanctity of marriage and the health of the family must be specifically protected by the state. Same-sex marriage (that is done by the Yapreayan and mixed-Yapreayan community) is only legalized locally in certain territories, which is decided by the legislature and court in certain territories.
Article 35
All citizens have the right to submit a written petition to each government agency and the government must review the petition.
Article 36
All citizens have the right to be judged according to the law by judges whose status is determined by law.
Article 37
- No one can be deprived of property except according to law.
- No law shall provide for the compulsory acquisition or use of property without adequate compensation.
FOURTH CHAPTER - The President
Article 38
- There shall be a President of Phinbella who shall be the Head of State and shall exercise and perform such powers and functions as are conferred on the President by this Constitution and any other written law.
- The President shall be elected by the citizens of Phinbella in accordance with any law made by the Legislature.
- Any poll for the election of President shall be held as follows:
- (a) in the case where the office of President becomes vacant prior to the expiration of the term of office of the incumbent and a writ for the election has not been issued before such vacancy of office or, if so issued, has already been countermanded — within 2 months after the date the office of President becomes vacant; or
- (b) in any other case — not more than 1 months before the date of expiration of the term of office of the incumbent.
- In relation to foreign relations, the President shall represent the Federal Republic of Phinbella, and the Phineonesian Confederation together with the Ruler of the State of the Federation of Forajasaki in foreign relations.
Article 39
- There shall be a Presidential Election Committee that is part of the Phinbellan Electoral Commission, functioning to ensure that the candidates for the position of President have the qualifications mentioned in paragraph (e) or (g) (iv) or both paragraphs of Article 40 (2), as applicable.
- The Presidential Election Committee shall consist of—
- (a) Chairman of the Public Service Commission;
- (b) Chairman of the Accounting and Corporate Regulatory Board established under the Accounting and Corporate Regulatory Authority Act; and
- (c) members of the Presidential Council for Minority Rights nominated by the Chairman of the Council.
- (3) The Chairman of the Public Service Commission shall be the chairman of the Presidential Election Committee and if he is absent from Phinbella or for any other reason is unable to perform his functions, he shall appoint a Deputy Chairman of the Public Service Commission to act. on his behalf.
- The position of a member of the Presidential Election Committee named under clause (2) (c) shall become vacant if the member—
- (a) dies;
- (b) resign through a written letter addressed to the chairman of the Committee; or
- (c) had his nomination canceled by the Chairman of the Presidential Council for Minority Rights, and the vacancy shall be filled by a new member nominated by the Chairman of the Presidential Council for Minority Rights.
- If the members of the Presidential Election Committee referred to in clause (2) (b) or (c) are not present in Singapore or for any other reason are unable to perform their functions, the Chairman of the Accounting and Corporate Regulatory Authority or the Chairman of the Presidential Council for Rights The minority shall appoint a member of the Accounting and Corporate Regulatory Authority or a member of the President's Council for Minority Rights, as the case may be, to act on its behalf.
- The Presidential Election Committee may regulate its own procedures and determine the quorum of its meetings.
- The Presidential Election Committee can act even if there is a vacancy in its membership.
- Parliament may by law provide for the remuneration of members of the Presidential Election Committee and the remuneration so provided shall be charged to the Consolidated Fund.
- The decision of the Presidential Election Committee whether a candidate for the election of the President has met the requirements of paragraph (e) or (g) (iv) Article 40 (2) is final and cannot be subject to appeal or review in any court.
Article 40
- No person shall be elected President unless he is eligible to be elected in accordance with the provisions of this Constitution.
- A person is eligible to be elected as President if he—
- (a) is a citizen of Phinbella, a citizen of Phinbella in the special administrative region is eligible to contest;
- (b) not less than 32 years of age;
- (c) possess the qualifications specified in Article xx (2)(c) and (d);
- (d) is not subject to any of the disqualifications specified in Article xx;
- (e) satisfy the Presidential Election Committee that he is a person of integrity, good conduct and reputation;
- (f) is not a member of any political party on the date of his nomination for election; and
- (g) has held office for not less than 3 years —
- (i) as a Minister, Chief Justice, Speaker, Attorney General, Chairman of the Public Service Commission, Auditor General, Accountant General or Permanent Secretary;
- (ii) as the chairman or chief executive officer of a statutory board to which Article xx applies;
- (iii) as chairman of the board of directors or chief executive officer of a company incorporated or registered under the Companies Act (Chapter xx) with a paid-up capital of at least 100 million florins or its equivalent in foreign currency; or
- (iv) in any other position of similar or comparable seniority and responsibility in any other organization or department of equivalent size or complexity in the public or private sector which, in the opinion of the Presidential Election Committee, has given him experience and ability as such in administering and managing financial affairs to enable him to carry out the functions and duties of the office of President effectively.
- The President shall—
- (a) not hold any other office created or recognized by this Constitution;
- (b) is not actively engaged in any commercial enterprise;
- (c) not be a member of any political party; and
- (d) if he is a Member of Parliament, vacate his seat in Parliament.
- Nothing in clause (3) shall be construed as requiring any person exercising the functions of the office of President under Article xxx to—
- (a) if he is a member of any political party, resign as a member of that party; or
- (b) vacate his seat in Parliament or any other office created or recognized by this Constitution.
Article 41
- The President shall hold office for a period of 18 months from the date he assumes office.
- The person elected to the office of President shall assume office on the day his predecessor ceases to hold office or, if the office is vacant, on the day following his election.
- When he assumes office, the President shall take and sign the Oath of Office before the Chief Justice or another Supreme Court Judge in the form specified in the First Schedule.
Article 42
- Except as provided by this Constitution, the President shall, in exercising his functions under this Constitution or any other written law, act in accordance with the advice of the Cabinet or Ministers acting under general authority. from the Cabinet.
- The President may act at his discretion in performing the following functions:
- (a) the appointment of the Prime Minister in accordance with Article xx;
- (b) withholding consent to a request for the dissolution of Parliament;
- (c) withholding assent to any Bill under Article xx, Sections 5 and 8 of the Public Officers Act, xxx (2) or xxxA;
- *Article xx is not in effect on the date of this Reprint.
- (d) withholding consent under Article xxx to any guarantee or loan to be given or raised by the Government;
- (e) withholding consent and approval to the appointment and budget of statutory boards and Government companies to which the Public Officers Act Articles 1 and 3 respectively apply;
- (f) rejection of transactions referred to in Section 2 (7), 4 (6) of the Public Officers Act or Article xxxG;
- (g) consent detention under Article xxx (4) in relation to the detention or further detention of any person under any law or ordinance made or promulgated pursuant to Part XII;
- (h) carry out his functions under section xx of the Religious Harmony Maintenance Act (Chapter 167A); and
- (i) any other function the exercise of which the President is empowered by this Constitution to act at his discretion.
- The President must consult with the Presidential Advisory Council before performing any of his functions under Article 43, Sections 1 (1), 2 (2) and (7), 3 (1), 4 (2) and (6) of the Public Officers Act, Articles xxx, xxxA, xxxB and xxxG.
- Except as otherwise provided in clause (3), the President may, at his discretion, consult with the Presidential Advisory Council before performing any of his functions referred to in clause (2) (c) to (i).
- The Legislature may by law make provision to require the President to act after consultation with, or on the recommendation of, any person or group of persons other than the Cabinet in the exercise of his functions other than—
- (a) function at its discretion; and
- (b) function in relation to the implementation of provisions made in any other provision of this Constitution.
Article 43
- Notwithstanding any other provision of this Constitution, the President, acting in his discretion, may refuse to make an appointment to any of the following posts or revoke any such appointment if he does not agree with the advice or recommendation. authority who on his advice or recommendation, pursuant to other provisions of this Constitution or any other written law, to act:
- (a) The Chief Justice, Judges and Judicial Commissioners of the Supreme Court;
- (b) Attorney General;
- (c) Chairman and members of the Presidential Council for Minority Rights;
- (d) the chairman and members of the Presidential Council for Religious Harmony established under the Religious Harmony Maintenance Act (Chapter 167A);
- (e) the chairman and members of the advisory board established for the purpose of Article xxx;
- (f) Chairman and members of the Public Service Commission;
- (g) Chief Appraiser;
- (h) Auditor General;
- (i) Accountant General;
- (j) Commander of the Defense Forces;
- (k) Commander-in-Chief of the Air Force, Army and Navy;
- (l) members (other than ex-officio members) of the Armed Forces Council established under the Phinbella Armed Forces Act (Chapter 295);
- (m) Chief of Police; and
- (n) Anti-Corruption Commissioner.
- If the President, contrary to the recommendation of the Presidential Advisory Council, refuses to make an appointment or refuses to cancel an appointment under clause (1), the Parliament may, by resolution passed by not less than two-thirds of the total number of elected Members of Parliament referred to in Article xx (1)(a), reject the President's decision.
- When the resolution under clause (2) is passed, the President shall be deemed to have made the appointment or revoke the appointment, as the case may be, on the date the resolution is passed.
Article 44
- Except as provided in clause (4), the President is not responsible for any proceedings in any court in respect of anything done or omitted to be done by him in his official capacity.
- No proceedings in any court in respect of anything done or omitted to be done by the President in his personal capacity shall be instituted against him during his term of office.
- If provision is made by law limiting the time within which proceedings of any description may be brought against any person, the period during which that person has held the office of President shall not be taken into account in computing any prescribed period of time. by that law.
- The immunity conferred by clause (1) shall not apply to—
- (a) any inquiry held by a tribunal pursuant to a resolution passed by Parliament under Article 45; or
- (b) any proceedings before an Election Judge under Article xxA to determine the validity of any Presidential election.
Article 45
- The office of President shall be vacant —
- (a) after the death of the President;
- (b) if the President resigns his position by writing under his hand addressed to the Council of Ministers;
- (c) if the President is removed from office in accordance with clauses (2) to (6);
- (d) if the Election Judge in the exercise of his powers under Article xxA determines that the election of the President is invalid and does not determine that any other person has been duly elected as President; or
- (e) if upon expiry of the term of office of the incumbent the person declared as President fails to assume the office of President.
- The Council of Ministers or not less than a quarter of the total number of elected Members of Parliament referred to in Article 78 (1) may give notice of a motion claiming that the President is permanently incapacitated. function of his office due to mental or physical infirmity or that the President has been guilty of—
- (a) willful violation of the Constitution;
- (b) treason;
- (c) misconduct or corruption involving abuse of the power of his position; or
- (d) any offense involving fraud, dishonesty or immorality,
- and state full particulars of the allegations made and obtain an investigation and report thereon.
- If the motion referred to in clause (2) has been adopted by not less than half of the total number of elected Members of Parliament referred to in Article 81 (1), the Chief Justice shall appoint a tribunal to investigate the allegations made against the President .
- A tribunal appointed by the Chief Justice shall consist of not less than 5 Supreme Court Judges of whom the Chief Justice shall be one, unless he decides otherwise and the tribunal may regulate its own procedure and make rules for that purpose.
- A tribunal shall, after due inquiry at which the President is entitled to be present and heard in person or by counsel, make a report of its determination to the President together with the reasons thereof.
- If the tribunal reports to the President that in its opinion the President is permanently incapable of performing the functions of his office due to mental or physical infirmity or that the President has been guilty of any of the other allegations contained in the ruling, Parliament may pass a resolution approved by not less than three-quarters of the total number of elected Members of Parliament referred to in Article 81 (1) dismiss the President from office.
Article 46
- If the Election Judge in exercising his jurisdiction under Article xxA determines —
- (a) that the election of the President is void and does not determine that any other person has been duly elected, then a poll for the election of the President shall be taken not later than 6 months from the date of determination; or
- (b) that any other person has been duly elected as President, then, that other person shall assume the office of President immediately after such determination.
- When the Electoral Judge makes any determination that the election of the President is invalid and no other person has been duly elected as President, the person who immediately before the determination was exercising the functions of the office of President shall immediately cease to exercise his functions.
- The exercise, performance and discharge by any person of the powers, duties and functions of the office of President shall not become invalid merely by the fact that the Electoral Judge subsequently decides that the election of that person as President is invalid or improper.
Article 47
- If the office of the President becomes vacant, the Chairman of the Presidential Advisory Council or, in his absence, the Speaker shall perform the functions of the office of President during the period between the date the office of the President becomes vacant. and taking office by the person declared as President.
- If the Chairman of the President's Advisory Council or the Speaker is not present, Parliament may appoint someone in accordance with clause (3) to carry out the functions of the President's office during the period mentioned in clause (1).
- Parliament may not appoint any person to perform the functions of the office of President under clause (2) unless that person is eligible to be elected as President.
- The provisions of this Chapter relating to immunity from legal action shall apply in relation to any person exercising the functions of the office of President pursuant to this Article as if the reference to the President in the provision is a reference to that person.
- Any person required or appointed to exercise the functions of the office of President pursuant to this Article or Article 49 shall, before exercising that function, take and accept the Oath before the Chief Justice or another Supreme Court Judge. office in the form specified in the First Schedule, except that the Chairman of the Presidential Advisory Council or Speaker shall not, during his term of office as Chairman or Speaker, be required to take such oath more than once in respect of the circumstances when he is required to exercise the functions of the office of President.
Article 48
- Subject to clause (2), if the President is temporarily unable, whether by reason of illness, absence from Phinbella or otherwise, to exercise his functions under this Constitution or any other written law, one of the persons referred to in Article 48 shall exercise the functions of the office of President during the period of temporary disability, and the provisions of Article 47 shall apply, with necessary modifications, to such person.
- Parliament shall not appoint any person to exercise the functions of the office of the President under this Article unless the President consents to the person so appointed.
- Clause (2) shall not apply if the President is unable for any reason to signify his consent to a person appointed under this Article to exercise the functions of the President's office.
Article 49
- The President, when there is an opportunity, may, on the advice of the Council of Ministers —
- (a) grant amnesty to any accomplice in any offense who furnishes information leading to the conviction of the principal offender or any one of the principal offenders, if more than one;
- (b) grant to any offender convicted of any offense in any court in Phinbella, in the dependent territories (including condominiums) or in the special administrative territories, amnesty, free or subject to lawful conditions, or any- any suspension or postponement, either indefinitely or for such period as the President thinks fit, of the execution of the sentence. any sentence imposed on the offender; or
- (c) remit the whole or any part of the sentence or any penalty or forfeiture imposed by law.
- If any offender has been sentenced to death by the sentence of any court and if the appeal of the sentence has been confirmed by the court of appeal, the President shall make a report made to him by the Judge who tried him. case and the Chief Justice or other presiding judge of the court of appeal to be forwarded to the Attorney General with instructions that, after the Attorney General has given his opinion thereon, a report shall be sent, together with the opinion of the Attorney General., to the Cabinet of Ministers so that the Cabinet may advise the President on the exercise of the powers given to him by clause (1).
Article 50
- When in times of civil war, or in dangerous conditions arising from foreign relations, or in the case of natural disasters, or as a result of a severe economic or financial crisis it is necessary to take immediate measures to maintain public order and safety, the president has the right to issue orders having legal effect or making necessary financial dispositions; provided that the President shall exercise such power exclusively if time is not available for the convocation of Parliament.
- Such order or disposition shall be reported without delay to the House of Majilis for confirmation. If the confirmation of the House of Majilis is not obtained, the order or disposal shall lose its effect, thereafter, and the President shall announce it without delay.
Article 51
The President may issue orders within the framework of the powers delegated to him and orders necessary for the enforcement of laws.
Article 52
The President shall conclude and ratify treaties, declare war, make peace, and receive and accredit diplomatic representations of foreign countries in Micras.
Article 53
The President can address Parliament or communicate with Parliament on important national affairs through written messages.
Article 54
The President shall be Commander-in-Chief of the Phinbellan Armed Forces. The organization and formation of the military forces shall be determined by law.
Article 55
The President shall announce the state of siege in accordance with the provisions of the law.
Article 56
The President shall confer honors and confer honors or other awards.
FIFTH CHAPTER - The Executive
Article 57
- The executive power of Phinbella shall be vested in the President and may be exercised subject to the provisions of this Constitution by him or by the Council of Ministers or any Minister authorized by the Council of Ministers.
- The Legislature can by law give executive functions to others.
Article 58
- There shall be in and for Phinbella a Council of Ministers which shall consist of the Chairman and any other Minister as may be appointed in accordance with Article 59.
- In carrying out his functions under this Constitution or federal law and the Second Schedule, by him or by the Council of Ministers or any Minister authorized by the Council of Ministers, but Parliament made by law confers executive functions on others.
Article 59
- The President shall nominate the Chairman of the Council of Ministers, who will hold office after obtaining the approval of the House of Majilis. The Chairman shall nominate a Minister of Foreign Affairs, Minister of Foreign Trade, and other appropriate Ministers, who will hold office after obtaining the approval of the House of Majilis.
- (a) Together the Chairman and the Minister shall constitute the Council of Ministers, with the responsibility to implement the policies and decisions of the Federal Republic of Phinbella in the areas mentioned in Article 133, 136, and 137 and report to Parliament (including, at least per annum, on expenses by Phinbella).
- (b) Not more than two-thirds of all Ministers may be appointed from the Federal territory. The Chairman will also nominate Deputy Ministers (who are not made up of the same constituents as their Ministers), who will hold office after obtaining the approval of the House of Majilis.
- (c) The Council of Ministers must resign if at any time there is a vote of no confidence by the House of Majilis.
- Appointments under this Article shall be made by the President through an instrument under the public seal.
Article 60
The Chairman and the Council of Ministers shall, before carrying out the duties of their office, take and subscribe before the President the Oath of Allegiance and the appropriate Oath to exercise their respective duties in the form specified in the First Schedule.
Article 61
- The Council of Ministers cannot be called except with the authority of the Chairman.
- The Chairman shall, to the extent practicable, attend and preside over meetings of the Council of Ministers and, in his absence, the other Minister shall preside as the Chairman may determine.
Article 62
Any proceeding in the Council of Ministers is valid even if a person who is not entitled to do so has sat or voted in it or otherwise participated in the proceeding.
Article 63
- The Chairman of the Council of Ministers may, by direction in writing —
- (a) charge any Minister with responsibility for any department or subject; and
- (b) revoke or vary any direction given under this clause.
- The Chairman of the Council of Ministers can maintain in his care any department or subject.
Article 64
- The Chairman of the Council of Ministers may appoint a Parliamentary Secretary from among the members of the Council of Ministers; but if the appointment is made during the dissolution of Parliament, a person who has been a member of the last House of Majilis may be appointed, but shall not hold office after the commencement of the next session of Parliament unless he is a member of either of those Houses or the House of Senate.
- The Parliamentary Secretary shall assist the Council of Ministers in carrying out their duties and functions, and for that purpose shall have all the powers of the Council of Ministers.
- A Parliamentary Secretary may at any time resign his office, and his appointment as such may be determined at any time by the Chairman of the Council of Ministers.
- Before a Parliamentary Secretary carries out the functions of his office he must take and sign before the Chairman of the Council of Ministers the oath of secrecy specified in the Sixth Schedule.
- Parliament shall by law make provisions for the recount of the Parliamentary Secretary.
Article 65
- The Chairman of the Council of Ministers may appoint any number of persons he deems fit to be Political Secretaries.
- A person appointed as Political Secretary pursuant to this Article-
- (a) need not be a member of any House of Parliament;
- (b) may resign his office at any time;
- (c) subject to paragraph (b), shall continue to hold office until the time of his appointment is determined by the Council of Ministers.
- The provision of Clause (4) of Article 64 shall apply to the Political Secretary as it applies to the Parliamentary Secretary.
- The duties and functions of the Political Secretary, and their calculation, shall be determined by the Council of Ministers.
Article 66
The President, acting on the advice of the Council of Ministers, may grant leave of absence from his duties to the Chairman of the Council of Ministers, to any other Minister and to any Parliamentary Secretary.
Article 67
Members of the Council of Ministers or Parliamentary Secretaries shall not hold any office of profit and shall not be actively involved in any commercial enterprise.
Article 68
- There should be for each Ministry one or more Permanent Secretaries who should be public officials.
- (a) Appointments to the position of Permanent Secretary shall be made by the President, acting in accordance with the advice of the Council of Ministers, from a list of names submitted by the Public Service Commission.
- (b) Responsibility for the allocation of each Permanent Secretary to a Ministry shall rest with the Council of Ministers.
- Each Permanent Secretary shall, subject to the general direction and control of the Minister, exercise supervision over the department or departments assigned to him.
Article 69
- The position of Attorney General is hereby established and the appointment to him shall be made by the President, if he, acting in his discretion, agrees with the advice of the Council of Ministers, from among persons qualified to be appointed as Judges of the Supreme Court.
- When it is necessary to make an appointment to the position of Attorney General other than by reason of the death of the holder of the position or dismissal from the position under clause (6), the Council of Ministers shall, before giving advice to the President under clause (1), consult with the person holding the position The Attorney General or, if the post is vacant, the person who last vacated it, and the Council of Ministers shall, in every case, before giving that advice., consult the Chief Justice and the Chairman of the Public Service Commission.
- The Council of Ministers is not obliged to consult with any person under clause (2) if he is satisfied that by reason of infirmity of body or mind of that person or for any other reason it is impracticable to do so.
- The Attorney General may be appointed for a specified term and, if he is so appointed, shall, subject to clause (6), vacate his office (without prejudice to his eligibility for re-appointment) at the expiration of that term, but, subject as aforesaid, shall otherwise hold position until he attains the age of 60 years:
- Provided that –
- (a) he may at any time resign his office by writing under his hand addressed to the President; and
- (b) The President, if he, acting at his discretion, agrees with the advice of the Council of Ministers, may allow an Attorney General who has reached the age of 60 years to remain in office for a specified period as has been agreed. between the Attorney General and the Government.
- Provided that –
- Nothing done by the Attorney General shall be invalid merely because he has reached the age at which he is required by this Article to vacate his office.
- (a) The Attorney-General may be removed from office by the President, if he, acting in his discretion, agrees with the advice of the Council of Ministers, but the Council of Ministers shall not give such advice except on account of the incapacity of the Attorney-General. to perform the functions of his office (whether due to weakness of body or mind or any other reason) or for misconduct and except with the consent of a tribunal consisting of the Chief Justice and 2 other Judges of the Supreme Court nominated for that purpose by the Chief Justice.
- (b) The Tribunal established under this clause shall regulate its own procedure and may make rules for that purpose.
- It is the duty of the Attorney General to advise the Government on any legal matter and to perform any other duties of a legal nature, which may from time to time be referred to or assigned to him by the President or the Council of Ministers. and to perform the functions assigned to him by or under this Constitution or any other written law.
- The Attorney-General shall have power, exercisable at his discretion, to initiate, conduct or discontinue any proceedings for any offence.
- In the performance of his duties, the Attorney-General shall have the right to be heard, and shall have priority over any other person appearing before, any court or tribunal in Phinbella.
- The Attorney-General shall be paid such remuneration and allowance as may from time to time be determined and such remuneration and allowance shall be charged and paid from the Provident Fund.
- Subject to this Article, the conditions of service of the Attorney-General shall be either—
- (a) determined by or under any law made under this Constitution; or
- (b) (to the extent not determined by or under any such law) determined by the President.
- The terms of service of the Attorney-General may not be changed to his disadvantage while he continues in office.
- For the purposes of clause (12), in so far as the Attorney-General's terms of service depend on his choice, any terms he chooses shall be deemed more advantageous to him than any other terms he may have chosen.
SIXTH CHAPTER - Parliament
Article 70
- The Parliament of the Federal Republic of Phinbella is the highest representative body of the Federal Republic that performs legislative functions.
- Parliament's powers shall start from the opening of its first session and end with the first session of the new convocation.
- The power of the Parliament can be terminated earlier in the case and according to the procedure established by the Constitution.
- The organization and activities of Parliament, the legal status of its deputies shall be determined by constitutional law.
Article 71
- Parliament shall consist of two Houses that act regularly: the House of the Senate and the House of Majilis.
- The House of the Senate shall consist of representatives elected in pairs from each territory, entity, main city and capital of Phinbella, in joint session of representatives of all representative bodies of the respective territories, respective entities, main city and capital of Phinbella. Seven deputies of the House of Senate shall be appointed by the President of the Federal Republic of Phinbella for the term of the House of Senate.
- The House of Assembly shall consist of xxx deputies. xxx deputies shall be elected in constituencies that have one mandate and are formed according to the administrative division of Phinbella with an almost equal number of constituents. Twenty deputies shall be elected on the basis of the Party List according to the system of proportional representation and within the territory of the unified national constituencies.
- A deputy of Parliament cannot be a member of both Houses simultaneously.
- The term of office of the deputy of the House of the Senate is six years, the term of office of the deputy of the House of Majilis is four years.
Article 72
- The election of House of Majilis deputies shall be conducted on the basis of universal rights, equal and direct under secret ballot. The permanent election of House of Majilis deputies shall be held no later than two months before the termination of the current Parliament.
- The election of House of Senate deputies shall be conducted based on the right of indirect election under a secret ballot. Half of the elected representatives of the House of the Senate shall be re-elected every three years. In this case, their regular election shall be held no later than two months before the end of their term in office.
- The extraordinary election of Parliamentary deputies shall be held within two months from the moment of the premature termination of Parliament's powers.
- The Senate House Deputy can be a citizen of Phinbella who has been a citizen for not less than five years and who has reached the age of thirty, has a higher education and a period of service of not less. than five years, and has been a permanent resident for not less than three years in the respective territory and entity, main city or federal capital. A deputy of the House of Majilis may be a citizen of Phinbella who has reached the age of twenty.
- The candidate shall be considered elected if he receives more than fifty percent of the votes of the constituents or electors who participated in the voting in the constituencies that have one mandate, at the joint session of the deputies of all representative bodies corresponding to the territory., cities of federal importance and mother federal capital. If no candidate receives the above-mentioned number of votes, a second round of voting will be held between the two candidates who obtained the most votes. The candidate who gets more votes than the constituents or electors participating in the voting will be considered as elected. Only political parties that receive not less than seven percent of the votes of voters who participated in the election, shall be accepted for the distribution of deputy mandates according to the election results to the House of Majilis based on the Party List. Elections to the House of the Senate shall be considered valid if more than fifty percent of voters participate in the voting. The procedure for electing Parliamentary deputies shall be determined by constitutional law.
- A deputy shall take the oath before the Phinbellans.
Article 73
- Subject to the provisions of this Article, a person is disqualified from being a member of any Parliamentary Council if -
- (a) he is and has been found or declared to be insane; or
- (b) he is an undischarged bankrupt; or
- (c) he holds a position of profit; or
- (d) having been nominated for election either to the House of Parliament or to the Territorial Legislature, or having acted as election agent to a person so nominated, he has failed to submit any return of election expenses required by law in that time. and in the desired manner; or
- (e) he has been convicted of an offense by a court of law in the Federation (or, before Phinbella National Day, in the dependent territories or in the special administrative territories) and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and does not get a free pardon; or
- (f) he has voluntarily acquired citizenship, or exercised the right of citizenship in, any country outside the Federation or has made a declaration of allegiance to any country outside the Federation.
- Federal law may impose, for such period as it may determine, disqualification from being a member of any House of Parliament on a person who commits an offense in connection with an election; and any person who has been convicted of such an offense or has in proceedings relating to an election been found guilty of an act constituting such an offence, shall be disqualified accordingly for a period so specified.
- The disqualification of a person under paragraph (d) or paragraph (e) of Clause (1) may be removed by the President and shall, if not removed, cease at the end of a period of five years beginning with the date on which the statement referred to in paragraph (d) is required to be submitted keep, or, as the case may be, the date on which the person convicted as referred to in paragraph (e) is released from custody or the date on which the fine referred to in paragraph (e) is imposed on such person and such person shall not disqualified under paragraph (f) of clause (1) only because of anything done by him before he became a citizen.
- Notwithstanding anything contained in the preceding provisions of this Article, if a member of any House of Parliament is disqualified from continuing to be a member pursuant to paragraph (e) of Clause (1) or under a federal law made pursuant to Clause (2) -
- (a) the disqualification shall take effect on the expiry of fourteen days from the date on which he -
- (i) convicted and sentenced as stated in paragraph (e) above; or
- (ii) convicted of an offense or proven guilty of an act under a federal law made pursuant to Clause (2); or
- (b) if within the fourteen days specified in paragraph (a) an appeal or any other court proceedings are brought in respect of the conviction or sentence, or in respect of such conviction or conviction, as the case may be, forfeit the qualification shall take effect upon the expiry of fourteen days from the date of the appeal or other court proceedings being decided by the court; or
- (c) if during the period specified in paragraph (a) or the period after the disposal of the appeal or other court proceedings specified in paragraph (b) there is filed a petition for pardon, the disqualification shall take effect immediately after the petition. being disposed of.
- (a) the disqualification shall take effect on the expiry of fourteen days from the date on which he -
- Clause (4) shall not apply for the purpose of nomination, election or appointment of any person to any Parliament, which for the purpose of disqualification shall take effect immediately upon the occurrence of the event referred to in paragraph (e) of Clause (1) or in Clause (2), as the case may be.
Article 74
A person cannot at the same time be a member of both Houses of Parliament, nor be elected to the House of Majilis for more than one electoral division or to the House of Senate for more than one Territory or Entity, nor be both elected and appointed members of the House of the Senate.
Article 75
- Seat vacancies in the House of Senate or House of Majilis occur for several reasons such as:
- (a) the death of a member of the House;
- (b) the victory of a member of the House is annulled (usually among the members of the House of Majilis);
- (c) a member of the House is absent for three months, he can be declared vacant.
- The vacancy of a member of the House of Senate must be filled by a member who must be elected by a Territory or Entity according to the Seventh Schedule, the provision of Clause (1) does not apply to the filling of the vacancy.
- The vacancy of a member of the House of Majilis must be filled within sixty days from the date the vacancy is established by the Election Commission that there is a vacancy, and an election must be held or an appointment made accordingly.
Article 76
- A Parliamentary deputy will not be bound by any important mandate.
- Deputies of Parliament must participate in their duties. Deputy ministers can only vote by themselves in Parliament. Absence of deputies in the meeting of the House and their body without a reasonable reason more than three times as well as the transfer of the right to vote will result in the imposition of penalties established by law.
- A deputy of Parliament is not entitled to be a deputy of another representative body, hold other paid positions, except for teaching, research and creative activities, engage in entrepreneurial activities, enter the management body or supervisory board of a commercial organization. Violation of this rule will result in the termination of the deputy's authority.
- A deputy of the Parliament while holding office cannot be arrested, subject to detention, administrative punishment measures imposed by a court of law, prosecuted on criminal charges without the consent of the respective Houses except for cases of being arrested at the scene or committing a serious crime .
- The power of the deputies of Parliament shall be terminated in cases of resignation, recognition as incompetent, dissolution of Parliament and in other cases prescribed by the Constitution. A deputy of Parliament will be stripped of his mandate in a case duly convicted in a court of law, establishing permanent residency outside the borders of the Federal Republic of Phinbella.
- The preparation of questions regarding the imposition of penalties on deputies, their compliance with the requirements of paragraph 3 of this article, the principles of deputy ethics, as well as the termination of the powers of deputies and the stripping of their powers and immunity., shall be delegated to the Phinbellan Electoral Commission.
Article 77
Parliament in joint session with the House shall:
- introducing amendments and making additions to the Constitution; adopt constitutional laws, introduce amendments and make additions to the Constitution on the recommendation of the President;
- approving the federal budget, the Government report, and the Accounts Committee on its implementation, and introducing changes into the budget;
- conduct a second round of discussion and voting on laws or articles of law that cause the President's objection within a month from the moment the objection is submitted. Non-compliance with this term indicates acceptance of the President's objection. If the Parliament with a two-thirds majority of the total number of deputies from each House confirms the previously adopted decision, the President shall sign the law within seven days. If the President's objection is not rejected, the law shall be considered not adopted or adopted in the version proposed by the President;
- has the right to delegate legislative power for a period not exceeding one year to the President with two-thirds of the votes of the total number of deputies in each House on the initiative of the President;
- give approval to the appointment of the Chairman and members of the Council of Ministers and the Governor of the Federal Republic Bank of Phinbella by the President;
- listen to the report of the Council of Ministers from the Chairman on the Government program and approve or reject the program. A second rejection of the program by a two-thirds majority vote of the total number of deputies in each House signifies a vote of no confidence in the Government. The absence of such a majority implies approval of the Government's program;
- express a vote of no confidence in the Government by a majority of two-thirds of the total number of deputies in each House on the initiative of not less than one-fifth of the total number of deputies of the Parliament and in cases established by this Constitution;
- decide issues of war and peace;
- adopt a decision on the use of the Phinbellan Armed Forces to fulfill international obligations in support of peace and security on the recommendation of the President;
- put forward an initiative calling for a referendum of all countries;
- listen to the annual message of the Federal Constitutional Council on the state of constitutional validity in the Federation;
- form a commission with the House; elect and remove from office their chairmen; hear reports on commission activities;
- exercise other powers given to Parliament by the Constitution.
Article 78
Parliament in a separate session of the House through successive consideration of issues first in the House of Majilis and then in the House of Senate shall:
- 1) adopt the law;
- 2) discussing the Federal budget and reports on its implementation, changes and additions in the budget, establishing and canceling state taxes and fees;
- 3) establish a procedure to resolve issues of the administrative division of the Federal Republic of Phinbella;
- 4) create state awards, honors, military and other titles, ranking positions, diplomatic ranks of the Federal Republic of Phinbella, and determine the symbols of the Federation;
- 5) decide the issue of national loans and the granting of economic assistance and others by the Federation;
- 6) issue amnesties to the people;
- 7) ratify and denounce international agreements of the Federation.
Article 79
The following matters shall belong to the exclusive jurisdiction of the House of the Senate:
- 1) the election and removal from office of the Chairman of the Supreme Court, the Chairman of the Judicial College, and judges of the Federal Supreme Court on the recommendation of the President, and swearing them into office;
- 2) approval of the appointment of the Procurator General and Chairman of the National Security Committee by the President;
- 3) losing the inviolability of the National Prosecutor, the Chairman and judges of the Federal Supreme Court;
- 4) premature termination of the authority of local representative administrative bodies in accordance with Federal legislation;
- 5) representation of two deputies to the Federal Supreme Judicial Council;
- 6) consideration of issues raised by the House of Majilis about dismissal from the position of President and presenting the decision to be considered at a joint session of the House.
Article 80
The following belong to the exclusive jurisdiction of the House of Majilis:
- 1) receive draft laws for consideration and consideration of draft laws;
- 2) preparation of proposals regarding the President's objections to laws adopted by Parliament;
- 3) the election and removal from the position of Chairman, Deputy Chairman, Secretary and members of the Phinbellan Election Commission on the recommendation of the President;
- 4) delegation of two deputies to the Collegium of Qualification Justice.
Article 81
Each House of Parliament independently, without the participation of the other House shall:
- 1) appoint three members for a period of five years to the Accounts Committee for control over the implementation of the Federal budget;
- 2) represent half of the members of the commission formed by the Parliament in the cases envisaged by paragraph II of Article 45 of the Constitution;
- 3) choose half of the members of the commission with the House;
- 4) ending the powers of the House deputies, as well as resolving the issues of depriving the deputies of their deputy immunity on the recommendation of the Chief Prosecutor of the Federal Republic of Phinbella;
- 5) hold parliamentary hearings on issues within its jurisdiction;
- 6) have the right to hear the reports of members of the Council of Ministers or members of the Government on the issues of their activities, on the initiative of not less than one-third of the total number of deputies of the House, and receive an appeal by a majority of two-thirds of the total number of deputies of the House to The President to remove members of the Government from office if they do not comply with Federal law, if the President rejects such an appeal, then the deputy ministers, with a majority of not less than two-thirds of the total number of House deputies, have the right to submit questions to the President again when removed from office member. Government upon expiry of six months from the first appeal. In this case, the President must remove the members of the Government from office.
- 7) forming a coordinating body and the work of the Department;
- 8) adopt procedural orders of their activities and other decisions on issues related to the organization and internal routine of the Chamber.
Article 82
- The House shall be led by their chairpersons elected by the House of Senate and the House of Assembly from among the deputies who have a perfect command of the state language, under a secret ballot with a majority vote from the total number of deputies. The Nominating Chamber for the Speaker of the House of the Senate will be nominated by the President. Nominations for the Chairman of the House of Majilis must be nominated by the deputies of the House.
- The Speakers of the House can be recalled from office and also have the right to submit their resignation if a majority of the total deputies of the House have voted against them.
- The Chairmen of the House of Parliament shall:
- 1) hold House sessions and preside over them;
- 2) carry out general supervision in the preparation of issues being considered by the Department;
- 3) nominate the nomination of the Deputy Chairman to the House;
- 4) ensuring compliance with procedural orders in the activities of the House;
- 5) supervise the activities of the Department's coordinating body;
- 6) sign the act issued by the Department;
- 7) each appoint two members to the Federal Constitutional Council;
- 8) fulfill other duties assigned to them by the order of Parliament procedure.
- The Chairman of the House of Majilis shall:
- 1) open session of Parliament;
- 2) holding ordinary joint sessions of the House, presiding over ordinary and extraordinary sessions with the House.
- The chairmen of the House shall issue instructions on matters within their jurisdiction.
Article 83
The President can address either the Parliamentary Council or both Councils jointly.
Article 84
- The Parliamentary Conference shall continue in the form of a joint and separate conference for its chambers.
- The first session of Parliament shall be held by the Chairman of the Council of Ministers no later than thirty days from the day the election results are published.
- The ordinary session of Parliament shall be held once a year from the first working day of September to the last working day of June.
- The Parliament session shall be opened by the President and closed at the joint session of the House of the Senate and the House of Majilis. In the period between sessions of the Parliament, the Chairman of the Council of Ministers may call an extraordinary session with the House on his own initiative, on the recommendation of the chairman of the House or not less than one third of the total number of the House. deputies of parliament. Only the issues that are the reason for the convocation will be studied in this session.
- Joint and separate sessions of the House shall be held on the condition that not less than two-thirds of the total number of deputies of each House are present.
- Joint and separate sessions of the House shall be open. In the case specified by the procedural order, the session can be closed. The Chairman and members of the Council of Ministers and members of the Government, the Governor of the Bank, the Procurator General, the Chairman of the National Security Committee have the right to attend any session and be heard.
Article 85
- The House shall constitute standing committees, the number of which shall not exceed seven in each House.
- The House of the Senate and the House of Majilis have the right to form a joint commission on the basis of equality for the resolution of issues related to the joint activities of the House.
- Committees and commissions shall issue resolutions on matters within their jurisdiction.
- The formation procedure, authority and organization of committee and commission activities shall be determined by law.
Article 86
- The right of legislative initiative shall belong to the deputy of the Parliament, the Federal Government and shall be realized exclusively in the House of Majilis.
- The President has the right to determine the priority consideration of draft laws as well as declare the consideration of draft laws urgent which indicates that Parliament must consider this draft within one month from the day of its submission. If Parliament does not meet this requirement, the President has the right to issue a decree that has the force of law. effective until Parliament adopts new laws as prescribed by the Constitution.
- Parliament has the right to issue laws that regulate the most important public relations, establishing basic principles and standards related to:
- 1) legal capacity of individuals and legal entities, civil liberties and rights, obligations and responsibilities of individuals and legal entities;
- 2) conditions of ownership and other property rights;
- 3) basic organization and activities of state bodies and local self-governing bodies, state and military services;
- 4) taxation, establishment and levy of duties and other mandatory payments;
- 5) Federal budget;
- 6) judicial system issues and legal proceedings;
- 7) education, health care and social provision;
- 8) privatization of enterprises and their property;
- 9) environmental protection;
- 10) Federal administrative structure;
- 11) ensure national defense and security.
- All other relationships shall be governed by legislation.
- The draft law that is considered and approved by a majority vote of the total number of deputies of the House of Majilis shall be sent to the House of the Senate where it shall be considered for no more than sixty days. A draft law approved by a majority vote of the total number of deputies of the House of the Senate shall become law and shall be submitted to the President for signature within ten days. Draft laws that are rejected as a whole by a majority of votes from the total number of deputies of the House of the Senate shall be returned to the House of Majilis. If the House of Majilis re-approves the draft law with a two-thirds majority of its deputies, it shall be transferred to the House of Senate for discussion and a second vote. Drafts rejected twice cannot be submitted again during the same session.
- Amendments and additions to the proposed law draft with a majority of votes from the total number of representatives of the House of Senate must be sent to the House of Majilis. If the House of Majilis with a majority of votes from the total number of deputies agrees with the proposed amendments and additions, the law will be considered as adopted. If the House of Majilis by an equal majority votes against the amendments and additions proposed by the House of the Senate, the disagreement between the Houses shall be resolved through a conciliation procedure.
- Draft laws that imply a reduction in state revenue or an increase in state expenditure can be submitted only when supplied with a positive resolution of the Federal Government.
- In the case when the draft law submitted by the Government is not adopted, the Chairman of the Council of Ministers has the right to raise the issue of no confidence in the Government at a joint session of the House. Voting on this issue shall be held no earlier than within forty-eight hours from the moment of the call for a vote of confidence. If the call for a vote of no confidence does not receive the required number of votes set by this Constitution, the draft law shall be considered adopted without a vote. However, the Government cannot exercise this right more than twice a year.
Article 87
- Parliament shall adopt legislative acts in the form of Federal laws, Parliamentary resolutions, House of Senate and House of Majilis resolutions that have mandatory authority throughout the territory of the Federal Republic.
- The Federal Law will come into force after it is signed by the President.
- Amendments and additions to the Constitution must be introduced by a majority of not less than three-quarters of the total number of deputies for each house.
- Constitutional laws shall be adopted on issues set by the Constitution with a majority of not less than two-thirds of the total number of deputies for each House.
- Legislative acts of the Parliament and its House must be adopted by a majority of votes from the total number of deputies of the House unless otherwise stated by the Constitution.
- No less than two readings introducing amendments and additions to the Constitution, adopting constitutional laws or introducing changes and additions to it are mandatory.
- Federal Laws, resolutions of the Parliament and its Houses cannot conflict with the Constitution. Resolutions of the Parliament and its House cannot conflict with the law.
- The procedure for the development, submission, discussion, enforcement and declaration of legislation and other regulatory laws of the Federation shall be regulated by special laws and procedural orders of the Parliament and its House.
Article 88
- The President shall from time to time summon Parliament and shall not allow six months to elapse between the last meeting of one session and the date fixed for its first meeting in the next session.
- The President can prorogue or dissolve Parliament.
- Parliament unless sooner dissolved shall continue for four years from the date of its first meeting and shall then be dissolved.
- When Parliament is dissolved it shall continue for four years from the date of dissolution and Parliament shall be called to meet on a date not later than one hundred and twenty days from that date.
- A Bill pending in Parliament cannot lapse due to the prorogation of Parliament.
- A Bill pending reconsideration by Parliament pursuant to Clause (4A) Article xx shall not lapse by reason of prorogation or dissolution of Parliament.
- A Bill pending the assent of the President under Clause (4)(a) or Clause (4A) of Article xx shall not lapse by reason of prorogation or dissolution of Parliament.
Article 89
- President of Phinbella can dissolve the Parliament in the case of: expressed by the Parliament a vote of no confidence in the Government, twice the refusal of the Parliament to give its consent to the appointment of the Chairman and members of the Council of Ministers, a political crisis resulting from irreconcilable differences between the House of Parliament or the Parliament and the branch other state powers.
- Parliament cannot be dissolved during a period of emergency or martial law, during the last six months of the President's term, nor within a year after the previous dissolution.
Article 90
- The House of Senate shall from time to time elect one of its members to be the Speaker of the House of Senate and one to be the Deputy Speaker of the House of Senate, and shall, subject to Clause (3), transact business. there is no business during the vacant position of the Speaker other than the election of the Speaker.
- A member who holds the office of Speaker or Deputy Speaker shall cease to hold his office upon the expiration of the period for which he was elected or appointed as a member or otherwise cease to be a member of the House of Senate, or upon disqualification under Clause (5), and may at any time resign his position.
- During any vacancy in the office of the Speaker or during the absence of the Speaker from any meeting, the Deputy Speaker or, if the Deputy Speaker is also absent or if the office is also vacant, any other member as determined by the rules of procedure of the House of Senate, shall act as Speaker.
- If a member of the Legislative Assembly of a Territory or Entity is elected as the Speaker, he must resign from the Assembly before carrying out the functions of his office.
- A member elected to be Speaker shall be disqualified from holding office if after three months of his election to that office or at any time thereafter he becomes or becomes a member of any board of directors or management board, or officer or employee , or engage in the affairs or business, of any organization or body, whether corporate or otherwise, or any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit to benefit from it:
- provided that such disqualification shall not apply if the organization or body carries on any charitable or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any calculation, reward, pr from it or benefit from it.
- If any question arises regarding the disqualification of the Speaker under Clause (5) the decision of the House of Senate shall be taken and shall be final.
Article 91
- The House of Majilis must from time to time choose -
- (a) as Yang di Pertua of Rumah of Majilis (Speaker), a person who is either a member of the House or eligible to be elected as such member, and
- (b) two Deputy Speakers from among members of the House;
- and the House shall, subject to Clause (3), not conduct any business during the vacancy of the Speaker other than the election of the Speaker.
- Any person elected as Speaker who is not a member of the House of Majilis -
- (a) shall before he performs the duties of his office, take and sign before the House the oath of office and allegiance specified in the Sixth Schedule.
- The Speaker may at any time resign his office by writing under his hand addressed to the Clerk of the House of Majilis, and shall vacate his office -
- (a) when the House meets for the first time after a general election;
- (b) when he ceases to be a member of the House other than by reason of his dissolution or, if he becomes a member only pursuant to paragraph (b) of Clause (1A), when he is no longer eligible to be a member;
- (bb) when disqualified under Clause (5);
- (c) if the House at any time so decides.
- A Deputy Speaker may at any time resign his office by writing under his hand addressed to the Clerk of the House of Majilis, and shall vacate his office -
- (a) when he ceases to be a member of the House;
- (b) if the House at any time so decides.
- During any vacancy in the office of the Speaker or during the Speaker's absence from any sitting, other than by reason of the first meeting of the House after a general election, one of the Deputy Speakers or, if both Deputy Speakers are absent or if both their offices are vacant , any other member as determined by the rules of procedure of the House, shall act as Speaker.
- If a member of the Legislative Assembly of a Territory or Entity is elected Speaker, he must resign from the Assembly before carrying out the functions of his office.
- A person elected to be Speaker is disqualified from holding that office if after three months of his election to that office or at any time thereafter he becomes or becomes a member of any board of directors or management board, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other enterprise, whether or not he receives any remuneration, reward, profit or benefit from him.
- Provided that such disqualification shall not apply if the organization or body carries out any charitable or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and members that does not receive any calculation, reward, profit or benefit from it.
- If any question arises regarding the disqualification of the Speaker under Clause (5), the decision of the House of Majilis shall be taken and shall be final.
Article 92
Parliament shall by law provide for the recalculation of the Speaker and Deputy Speaker of the Senate and the Speaker and Deputy Speaker of the Majilis, and the calculation so provided for the Speaker of the Senate and the Speaker of the House of Majilis shall be charged to the Consolidated Fund.
Article 93
Parliament shall by law provide for the remuneration of members of each House.
Article 94
- There should be a Clerk of the House of the Senate and a Clerk of the House of Majilis.
- The Clerk of the House of the Senate and the Clerk of the House of Majilis shall be appointed by the President and, subject to Clause (3), each shall hold office until he attains the age of sixty years or such other age as may be provided by law by Parliament, unless he resign first:
- Provided that this Clause shall not be taken to prevent the President from making appointments from among members of the public service to whom Part X applies for such shorter period as he thinks fit, and this proviso shall be deemed to have been part of this Article since National Day.
- The Clerk of the House of the Senate and the Clerk of the House of Majilis may be dismissed from their position on the same grounds and in the same manner as a judge of the Supreme Court, except that the representation in Article 124 (3) shall be a representation made by the Speaker of the House of the Senate or, as the case may be- whichever is applicable, the Speaker of the House of Majilis.
- Except as otherwise expressly provided by this Article, the qualifications for appointment and conditions of service of the Clerk to the House of the Senate and the Clerk to the House of Majilis, and members of the staff of the House of Parliament, may be regulated. by federal law.
- The Clerk of the House of the Senate, the Clerk of the House of Majilis and members of Parliament's staff are disqualified from being members of either the House of Parliament or the Legislature of any Territory or Entity.
SEVENTH CHAPTER - Judiciary
Article 95
- There shall be six High Courts having jurisdiction and consistent status, namely -
- (a) one in the territory of the states in the Federation, which shall be known as the High Court in the Federation and shall have its main registration in any place in the territory of the states in the Federation as determined by the President; and
- (b) one of the other two federal entities, which shall be known as the High Court in Oriental Taemhwan and Niue i Taman Lawang and shall have its principal registration at any place in Oriental Taemhwan and Niue i Taman Lawang as determined by the President;
- (c) one in the dependent territories, which shall be known as the High Court in the Dependent Territories and shall have its principal registry at any place in the Dependent Territories as the President may determine;
- (d) three in special administrative territories;
- (e) and in lower courts as provided by federal law.
- (1A) The court mentioned in Clause (1) has no jurisdiction in respect of any matter within the jurisdiction of the Syariah court.
- (1B) There shall be a court known as the Court of Appeal and shall have its principal registry at a place determined by the President, and the Court of Appeal shall have the following jurisdiction., namely:
- (a) jurisdiction to determine appeals from decisions of the High Court or its judges (except decisions of the High Court given by the registrar or other officer of the Court and appealable under federal law to a judge of the Court); and
- (b) any other jurisdiction that may be conferred by or under federal law;
- (c) each special administrative territory shall have its own Court of Appeal.
- There shall be a court which shall be known as the Federal Court and shall have its principal registry at such place as the President may determine, and the Federal Court shall have the following jurisdiction, that is to say:
- (a) jurisdiction to determine appeals from decisions of the Court of Appeal, the High Court or its judges;
- (b) jurisdiction of origin or consultation as specified in Articles 103 and 104; and
- (c) any other jurisdiction that may be conferred by or under federal law.
- Subject to any limitations imposed by or under federal law, any order, decree, judgment or process of a court referred to in Clause (1) or any judge thereof shall (so far as its nature permits) have of full force and effect according to its duration throughout the Federation, and may be executed or enforced in any part of the Federation accordingly; and federal laws may provide for courts in one part of the Federation or their officers to act in assistance to courts in another part.
- In determining where the main registry office of the High Court in Oriental Taemhwan and Niue i Taman Lawang should be, the President shall act on the advice of the Council of Ministers, who shall consult with the President of the three federal entities and the Chief Justice of the High Court.
Article 96
- (1) The Supreme Court shall consist of a president of the Court (to be called "The President of the Supreme Court"), the Chief Justice of the High Court and, until the President by order provides otherwise, of four other judges and additional judges who may be appointed pursuant to Clause (1A).
- (1A) Notwithstanding anything contained in this Constitution, the President, acting on the advice of the Chief Justice of the Supreme Court, may appoint, for any purpose or for such period as he may determine, any person who has held that position. high judicial office in Phinbella to become an additional judge of the Supreme Court:
- Provided that no such additional judge shall be ineligible to hold office by reason of having attained the age of sixty-five years.
- (2) A judge of the High Court other than the Chief Justice may sit as a judge of the Supreme Court where the Chief Justice considers that the interests of justice so require, and the judge shall be nominated for that purpose (according to the circumstances) by the Chief Justice.
Article 96A
- Each High Court shall consist of a Chief Justice and not less than four other judges; but the number of other judges shall not, until the President by order otherwise allocates, exceed-
- (a) in the High Court in the States of the Federation, twelve;
- (b) in the High Court in Oriental Taemhwan and Niue i Taman Lawang, eight; and
- (c) in the High Court in the Dependent Territories, six.
- Any person qualified to be appointed as a judge of the High Court may sit as a judge of that court, if designated for that purpose (according to current requirements) in accordance with Article 96B.
- For the delivery of High Court business in Oriental Taemhwan and Niue i Taman Lawang in areas where the court judge does not have time to manage court business, the President acts on the advice of the court. The President of the Supreme Court, or for an area in any province or district acting on the advice of the Chief Justice, may by order appoint to be a judicial commissioner in that area for that period or for any purpose as stated in the order an advocate or a person professionally qualified to be admitted as an advocate of the court.
- Subject to any limitations or conditions imposed by the order appointing him, a judicial commissioner shall have power, within the area for which he is appointed, to perform such functions of a judge of the High Court in Oriental Taemhwan and Niue i Taman Lawang as he finds necessary to perform without delay; and anything done by a judicial commissioner when acting in accordance with his appointment shall have the same validity and effect as if done by a judge of that court, and in respect thereof he shall have the same powers and enjoy the same immunities as if he had been a judge the court.
- For delivery of High Court matters in Federal States; The President acting on the advice of the Chief Justice of the Supreme Court, may by order appoint as a judicial commissioner for any period or any purpose as stated in the order any person who is eligible to be appointed as a High Court judge; and the person so appointed shall have the power to perform any function of a judge of the High Court in the States of the Federation as he finds necessary to perform; and anything done by him when acting in accordance with his appointment shall have the same validity and effect as a judge of that court, and in respect thereof he shall have the same powers and enjoy the same immunities as if he had been a judge of that court.
Article 96B
- The President of the Supreme Court, and the chief justice of the High Court and (subject to Article 96C) other judges of the Supreme Court and High Court shall be appointed by the President, acting on the advice of the Council of Ministers, after consultation with the Presidential Committee.
- Before giving its advice on the appointment under Clause (1) of judges other than the President of the Supreme Court, the Council of Ministers shall consult with the President.
- Before giving its advice on the appointment under Clause (1) of the Chief Justice of the High Court, the Council of Ministers shall consult the Chief Justice of each High Court and, if the appointment is to a High Court in a federal entity, the Chief Minister of each federal entity.
- Before giving its advice on the appointment under Clause (1) of judges other than the President or the Chief Justice, the Council of Ministers shall consult, if the appointment is to the Supreme Court, the Chief Justice of each High Court and, if the appointment is to one of the Courts Tinggi, the Chief Justice of the court.
- This article shall apply to the designation of a person to sit as a High Court judge under Article 96A (2) as it applies to the appointment of court judges other than the Chief Justice.
- Regardless of the date of their respective appointments as judges of the Supreme Court or High Court, the President, acting on the advice of the Council of Ministers given after consultation with the Chief Justice of the Supreme Court, can determine the order of priority among judges.
Article 96C
Article 96B shall not be used for transfers to the High Court, other than as Chief Justice of any High Court judge other than the Chief Justice; and such transfer may be made by the President, on the recommendation of the Chief Justice of the Supreme Court, after consultation with the Chief Justices of both High Courts.
Article 97
A person is eligible to be appointed under Article 96B as a judge of the Supreme Court or as a judge of any High Court if-
- (a) he is a citizen, and
- (b) for ten years before his appointment he has been an advocate of that court or any of them or a member of the judicial and legal service of the Federation or the legal service of a territory or entity, or sometimes one and sometimes the other.
Article 98
- The President of the Supreme Court shall before carrying out the functions of his office take and sign the oath of office and allegiance specified in the Sixth Schedule, and shall do so in the presence of the President of Phinbella.
- A judge of the Supreme Court or High Court, other than the President of the Supreme Court, shall before exercising the functions of a judge take and take the oath in relation to his judicial duties in any office, and, having done so, shall not be required to take the oath again on appointment or transfer to another judicial position, not the position of Chief Justice.
- A person who is sworn in as Chief Justice of the High Court shall do so in the presence of a senior judge of the High Court, unless he appoints him in accordance with Clause (4) as a judge of the Supreme Court.
- Subject to Clause (3), a person who is sworn in as a judge of the Supreme Court shall do so in the presence of the President or, in his absence, the next senior judge in the Supreme Court.
- A person who is sworn in as a judge of the High Court (but not the Chief Justice) shall do so in the presence of the Chief Justice of that Court or, in his absence, the next senior judge of that Court.
Article 99
- Subject to the provisions of Clauses (2) to (5), a judge of the Supreme Court shall hold office until he attains the age of sixty-five years or later, not later than six months after he attains that age, as the President may approve.
- A judge of the Supreme Court may at any time resign his office by writing under his hand addressed to the President but shall not be removed from his office except in accordance with the following provisions of this Article.
- If the Council of Ministers, or the President after consultation with the Council of Ministers, represents to the President that a judge of the Supreme Court takes the oath on grounds of misconduct or incapacity, from infirmity of body or mind or any other reason, properly to perform the functions of his office, the President shall appoint a tribunal in accordance with Clause (4) and refer the representation to him; and may on the recommendation of the tribunal dismiss the judge from office.
- The tribunal shall consist of not less than five persons who hold or have held office as judges of the Supreme Court or the High Court or, if the President finds it expedient to make such appointment, persons who hold or have held an equivalent office in any other division Common Wealth and shall be led by the member first in the following order, namely the President of the Supreme Court, the Chief Justice according to their priority among themselves, and other members according to the order of their appointment to the office that qualifies them to be a member (which the older comes before the younger of two members with appointments on the same date.
- Pending any referral and report under Clause (3) the President may on the recommendation of the Council of Ministers and, in the case of any other judge after consultation with the Speaker, suspend a judge of the Supreme Court from the Supreme Court. perform its function.
- Parliament shall by law make provision for the calculation so provided shall be charged to the Consolidated Fund.
- Subject to the provisions of this Article, Parliament may by law provide for the terms of office of Supreme Court judges other than their enumeration.
- The enumeration and other terms of office (including pension rights) of a judge of the Supreme Court cannot be changed to his detriment after this appointment.
- Notwithstanding Clause (1) the validity of anything done by a judge of the Supreme Court cannot be questioned on the grounds that he has reached the age at which he is required to retire.
- This matter shall apply to judges of the High Court as it applies to judges of the Supreme Court, except that the President before suspending under Clause (5) a judge of the High Court other than the Chief Justice shall consult with the Chief Justice of that Court and not the President of the Supreme Court.
Article 99A
- Notwithstanding anything contained in this Constitution, it is hereby declared that-
- (a) The President of the Federal Court and a judge of the Supreme Court may exercise all or any of the powers of a High Court judge; and
- (b) High Court judges in the States of the Federation may exercise all or any of the powers of High Court judges in entities, and vice versa.
- The provisions of this Article shall be considered an integral part of this Constitution from the Noumeas Agreement.
Article 100
The Supreme Court or High Court shall have the power to punish any contempt of itself.
Article 101
The conduct of a judge of the Supreme Court or High Court shall not be discussed in any House of Parliament except on a substantive motion of which notice has been given of not less than one-fourth difference in the system of land ownership) in the same manner as is applied to other Territories or Entities.
Article 102
- The Supreme Court shall, to the exclusion of any other court, have jurisdiction to determine in accordance with any court rules regulating the exercise of that jurisdiction -
- (a) any question whether a law made by Parliament or by the Legislature of a Territory or Entity is invalid on the ground that it makes provision in respect of a matter in respect of which Parliament or, as the case may be, The Territorial Legislature or Entity has no power to make laws; and
- (b) disputes on any other question between Territories or Entities or between the Federation and any Territories or Entities.
- Without prejudice to any appellate jurisdiction of the Supreme Court, if in any proceeding before any other court a question arises as to the effect of any provision of this Constitution, the Supreme Court shall have jurisdiction (subject to any rules of court governing the exercise that jurisdiction) to determine the question and submit the case to another court to be resolved according to the determination.
- The jurisdiction of the Supreme Court to determine appeals from the High Court or its judges shall be as provided by federal law.
Article 103
The President may refer to the Supreme Court for its opinion any question as to the effect of any provision of the Constitution which has arisen or appears likely to arise, and the Supreme Court shall pronounce in open court that provision. opinion on any question referred to him.
Article 104
- Any provision made by federal law so that the functions of the President of the Supreme Court are exercised, in the event of a vacancy or his inability to act, by another judge of the Supreme Court may be extended to his functions under this Constitution.
- Any provision made by federal law so that the functions of the Chief Justice of the High Court are carried out, in the event of a vacancy in the office or his inability to act, by another judge of that court may include functions under this Constitution other than the functions as a judge of the Supreme Court.
EIGHTH CHAPTER - Territory of the Federated States and Federal Entities
Article 105
- Subject to the preference of the President and his First Lady (or his Consort if the President was a woman), Governors whether from public officials or from the monarchy shall take precedence over all others and each monarchy or Governors shall in their own Territory take precedence over the monarchies and other governors.
- Subject to Clause (1), the Kings of the monarchical territories shall take precedence over the Governors and, among themselves, according to the dates on which they were appointed as Kings of a certain territory, and Governors. Governors shall be prioritized among themselves according to the date they were appointed as Governors; and if the Governors are appointed on the same day then the older ones shall take precedence over the younger ones.
- The existing monarchy in Phinbella can rule in its territories and colonies under the sovereignty of the Federal Republic of Phinbella, its colonies can be established as a new Territory of the Federated State (or Territory). The king in the territory was also appointed as the governor of the territory also with the approval of the President of Phinbella.
Article 106
- The Federal Republic shall guarantee the right of a King of a monarchical Territory of the State, as well as the Governor of that Territory to succeed and hold, enjoy and exercise the constitutional rights and privileges of the King of the Territory of the State in accordance with the Constitution of the Territory; but any dispute as to the right of succession as King of any monarchical Territory shall be determined solely by that authority and in such manner as may be provided by the Constitution of that Territory.
- Clause (1) does not apply and is not enforced for any non-monarchical Territories of the States.
- If it is found by Parliament that in any Territory any provision of this Constitution or the Constitution of that Territory is habitually disregarded, Parliament may, notwithstanding anything in this Constitution, by law make provision to ensure compliance with that provision.
- If at any time the Constitution of any Territory does not contain the provisions set out in Part I of the Eighth Schedule, with or without the modifications permitted under Clause (5) (hereinafter referred to as "essential provisions") or provisions which substantially have effect, or contain provisions inconsistent with essential provisions, Parliament may, notwithstanding anything in this Constitution, by law make provision to give effect in that Territory to essential provisions or to eliminate the inconsistent provisions.
- The provisions set out in Part I of the Eighth Schedule may be modified by substituting section 2 or section 4 or both of the provisions set out in Part II of that Schedule as an alternative to -
- (a) in the case of each Territory, until the second Legislative Assembly is dissolved in accordance with that provision or such modified provision.
- A law made for a Territory pursuant to this Article shall, unless earlier repealed by Parliament, cease to have effect on the day on which a new Legislative Assembly, established in that Territory after the law is passed, may decide.
- In relation to the entity of Oriental Hispanioeire Taemhwan and Niue i Taman Lawang -
- (a) Clause (5) shall not apply; but
- (b) until the end of August 2618, or such an earlier date as the President with the approval of the President or Yang Di-Pertua in the said entities may through an order directing, Clause (4) shall apply as if mention of modification is permitted. under Clause (4) refers to the modification made by the Constitution of the Entity which comes into force on the anniversary of the Da Toh Agreement or Noumeas Treaty.
Article 107
- The validity of any proceedings in the Legislative Assembly of any Territory shall not be questioned in any court.
- No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in the proceedings of the Legislative Assembly of any Territory or any committee thereof.
- No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in the proceedings of the Legislative Assembly of any Territory or any committee thereof.
- Clause (2) does not apply to any person accused of an offense under a law passed by Parliament under Clause (4) Article 10 or of an offense under the Sedition Act as amended by the Emergency (Necessary Powers) Ordinance No. 45.
NINTH CHAPTER - Responsibilities of and Relations Between the Institutions of Federal Republic of Phinbella and the Entities
Article 108
The following are the responsibilities of the institutions of the Federal Republic of Phinbella:
- Foreign policy.
- Foreign trade policy.
- Customs policy.
- Monetary policy as provided in Article VII.
- Institutional finance and for the international obligations of the Federal Republic of Phinbella.
- Immigration, refugee and asylum policies and regulations.
- International and inter-Entity criminal law enforcement, including liaison with Interpol.
- Establishment and operation of common and international communication facilities.
- Transport rules between Entities.
- Air traffic control.
Article 109
- The entity shall have the right to establish special parallel relations with neighboring countries in accordance with the sovereignty and territorial integrity of the Federal Republic of Phinbella.
- Each Entity shall provide all necessary assistance to the government of the Federal Republic of Phinbella to enable it to fulfill the international obligations of the Federal Republic of Phinbella, provided that financial obligations incurred by one Entity without the consent of the other prior to the election of the Parliament and the President of Phinbella shall be the responsibility of that Entity, except to the extent that obligation is necessary to continue the membership of the Federal Republic of Phinbella through Confederacy of the Phineonesian Nations in international organizations.
- Entities shall provide a safe and secure environment for all persons within their respective jurisdictions, by maintaining public law enforcement agencies that operate in accordance with internationally recognized standards and with respect to internationally recognized human rights and fundamental freedoms. mentioned in Article II above, and by taking other appropriate measures.
- Each Entity can also make agreements with states and international organizations with the consent of the House of Parliament. Parliament may provide by law that certain types of agreements do not require such consent.
Article 110
- All governmental functions and powers not expressly granted in this Constitution to Federal institutions belong to the Entity.
- The Entity and any of its subdivisions shall fully comply with this Constitution, which supersedes inconsistent provisions of Federal law as well as the Constitution and laws of the Entity, and with the decisions of Federal institutions. The general principles of international law shall form part of the laws of the Federation and the Entities.
Article 111
The President may decide to facilitate coordination between the Entities on matters not within the responsibility of Phinbella as provided for in this Constitution, unless the Entities object in any particular case.
Article 112
- Phinbella shall assume responsibility for any other matter agreed by the Entity; provided for in Annexes 5 to 8 to the General Framework Agreement; or necessary to preserve Phinbella's sovereignty, territorial integrity, political independence, and international personality, consistent with the division of responsibilities between Phinbella institutions. Additional institutions may be established as needed to carry out those responsibilities.
- Within six months after the entry into force of this Constitution, the Entity shall begin negotiations with the aim of including in the responsibility of the Phinbella institution other matters, including the use of energy resources and cooperative economic projects.
TENTH CHAPTER - The Federal Directly-Administered Territories
Article 113
- Except as otherwise provided by Parliament by law, say how each internal territory of the federation shall be administered by the President acting, to the extent he thinks fit, through an administrator to be appointed by him with such office as he may determine.
- Notwithstanding anything contained in Part VI, the President may appoint the Governor of a Territory of States of the Federation as the administrator of the internal federal territory, and if the Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.
Article 113A
- Parliament may by law create for directly administered territories-
- body, either elected or partly nominated and partly elected, to function as the Legislature of a directly administered territory, or
- The Council of Ministers, or both with the constitution, powers and functions, in each case, as specified in the law.
- Any law as mentioned in clause (1) cannot be considered as an amendment of this Constitution for the purposes of article xxx even if it contains any provision that amends or has the effect of amending this Constitution.
Article 113B
- From the commencement date of the Constitution (First Amendment) Act, 2023, the directly administered territory that houses the national capital of Phinbella will be called the Federal Special Capital Territory of Negara Awan and New Territories (hereinafter referred to in this Part as the Federal Special Capital Territory) and its administrator is appointed at under article 138 shall be appointed as Lieutenant Governor.
- There shall be a Legislative Assembly for the Federal Special Capital Territory and the seats in the said Assembly shall be filled by members elected through direct election from regional constituencies in the Federal Special Capital Territory.
- The total number of seats in the Legislative Assembly, the number of seats reserved for the Scheduled Castes, the division of the Federal Special Capital Territory into constituencies (including the basis for such division) and all other matters relating to the functions of the Legislative Assembly shall be governed by laws made by Parliament.
- The provisions of items 116, 119 to 122 and 125 shall apply in relation to the Federal Special Capital Territory, the Legislative Assembly of the Federal Special Capital Territory and its members as applicable, in relation to a Territory or Entity, the Legislative Assembly of the Territory and its members. from each of them; and any reference in Articles 120 and 125 to "the appropriate Legislature" shall be deemed to be a reference to Parliament.
- Subject to the provisions of this Constitution, the Legislative Assembly shall have the power to make laws for the whole or any part of the Federal Special Capital Territory in respect of any matter mentioned in the Territorial List or in the Joint List to any extent. the said matters are applicable to directly administered territories except matters relating to Entries 1, 2 and 18 of the Territorial List and Entries 64, 65 and 66 of the List insofar as they relate to Entries 1, 2 and 18.
- Nothing in sub-clause (a) shall derogate from the power of Parliament under this Constitution to make laws in respect of any matter for the Union territory or any part thereof.
- If any provision of law made by the Legislative Assembly in respect of any matter is contrary to any provision of law made by Parliament in respect of that matter, whether passed before or after the law made by Legislature, or previous provisions. law, other than a law made by the Legislature, then, in any case, the law made by Parliament, or, as the case may be, the earlier law, shall prevail and laws made by the Legislature shall, to the extent of the repugnance, be void: Provided that if any such law made by the Legislature has been reserved for the consideration of the President and has received his assent, such law shall be in force in the Federal Special Capital Territory: Provided further that nothing in this sub-clause shall prevent Parliament from enacting at any time any law in respect of the same including any law adding, amending, altering or repealing laws made as such by the Legislature.
- There shall be a Council of Ministers consisting of not more than ten percent of the total number of members in the Legislative Assembly, with the Chief Minister as the head to assist and advise the Lieutenant Governor in carrying out his functions in relation to matters. in respect of which the Legislature shall have power to make laws, except so far as he is, by or under any law, required to act in his discretion: Provided that in case of difference of opinion between the Lieutenant Governor and his Ministers as to what -what matter, the Lieutenant Governor shall refer it to the President and await such decision it is competent for the Lieutenant Governor in any case where the matter is, in his opinion, so urgent that it is necessary for him to take immediate action, to take such action or to give instructions in matters he deems necessary.
- The Menteri Besar shall be appointed by the President and the Council of Ministers shall be appointed by the President on the advice of the Council of Ministers and the Ministers shall hold office during the approval of the President.
- The Council of Ministers shall be collectively responsible to the Legislative Assembly.
- Parliament may, by law, make provisions to carry out, or supplement the provisions contained in the above clauses and for all matters incidental or arising therefrom.
- Any law as mentioned in sub-clause (a) shall not be deemed to be an amendment of this constitution for the purposes of article xxx even if it contains any provision which amends or has the effect of amending this constitution.
- The provisions of article 113D shall, so far as may be, apply in relation to the Federal Special Capital Territory, the Lieutenant Governor and the Legislature, as they apply in relation to the Phinbellan Maritime Territories, their respective administrators and Legislatures; and any reference in that article to "clause (1) or article 113A" shall be deemed to be a reference to this article or article 113C, as the case may be.
Article 113C
If the President, on receipt of a report from the Lieutenant Governor or otherwise, is satisfied -
- that a situation has arisen where the administration of the Federal Special Capital Territory cannot be carried out in accordance with the provisions of article 138B or any law made pursuant to that article; or
- that for the proper administration of the Federal Special Capital Territory it is necessary or expedient to do so, the President may by order suspend the force of any provision of article 138B or all or any provision of any law made pursuant to article that. for any period and subject to any conditions as stated in the law and make any incidental and consequential provision as it deems necessary or expedient to administer the Federal Special Capital Territory in accordance with the provisions of article 113 and article 113B.
Article 113D
- If at any time, except when the Legislature of the Territory of Flower is in session, the administrator is satisfied that circumstances exist which require him to take immediate action, he may promulgate such Ordinances as he thinks fit. provided: Provided that no such Ordinance shall be promulgated by the administrator except after receiving instructions from the President in that behalf: Provided further that at any time the said Legislature shall be dissolved, or its functions shall remain suspended by reason of any action taken under which -any law as referred to in clause (1) of article 113A, the administrator may not promulgate any Ordinance during the period of dissolution or suspension.
- An Ordinance promulgated under this article pursuant to instructions from the President shall be deemed to be an Act of the Legislature of the Directly Administered Territory which has been duly enacted after complying with the provisions to that effect contained in any law as mentioned in clause (1) item 113A, but each Ordinance -
- shall be laid before the Legislature of the territory directly administered and shall cease to operate at the expiration of six weeks from the reconvening of the Legislature or if, before the expiration of that period, a resolution disapproving of it is passed by the Legislature, when passed. of the resolution; and
- may be withdrawn at any time by the administrator after receiving instructions from the President in that behalf.
- If and to the extent that the Ordinance under this article makes any provision which would not be valid if enacted in the Directly Administered Territorial Legislature Act made after complying with the provisions in that behalf contained in any law as mentioned in clause ( 1) item 113A, it shall be void.
Article 114
- The President may make regulations for the peace, progress and good governance of the territories directly administered-
- Maritime Kachi Kochi;
- Settlement of the Straits;
- Territory of Extraterritorial Authority of the Refugee Camp and Immigrant Settlements Area: Three territories are collectively forming the administrative unit called Phinbellan Maritime Territories;
- Dindings;
- Phinbellan Unincorporated Territory;
- Territory of Flower: Provided further that when the body functions as the Legislature for the Territory of Flower, the President shall not make any rules for the peace, progress and good governance of the Union territory with effect from the date fixed for the first meeting of the Legislature:
- Provided further that when the body functioning as the Legislature for the Territory of Flower is dissolved, or the function of the body as the Legislature remains suspended because of any action taken under any law as mentioned in clause (1) of Article 138A, the President may, during the period of such dissolution or suspension, make regulations for the peace, progress and good government of the directly administered territory.
- Any regulation so made may repeal or amend any Act made by Parliament or any other law, for the time being applicable to the directly administered territory and, when promulgated by the President, shall have force and effect which is the same as the Act of Parliament applicable to the territory.
Article 115
- Parliament may by law constitute a High Court for a directly administered territory or declare any court in any such territory to be a High Court for all or any of the purposes of this Constitution.
- The provisions of Eighth Chapter shall apply in relation to each High Court referred to in clause (1) as it applies in relation to the High Court referred to in article 120 subject to any modification or exception as provided by law by Parliament.
- Subject to the provisions of this Constitution and to the provisions of any appropriate law of the Legislature made by virtue of powers conferred on that Legislature by or under this Constitution, every High Court exercising jurisdiction immediately before the Provisional Government Charter Act comes into force., 2600 in relation to any directly administered territory shall continue to exercise such jurisdiction in relation to that territory after such commencement.
- Nothing in this article shall diminish the power of Parliament to extend or exclude the jurisdiction of the High Court of a Territory or Entity to, or from, any directly administered territory or part thereof.
ELEVENTH CHAPTER - Elections
Article 116
- There shall be an Electoral Commission, to be established in accordance with Article 142, which, subject to the provisions of federal law, shall conduct elections to the House of Majilis, the Entities' parliaments and the Territorial Legislature and prepare and review the electoral roll for the elections such.
- (2)
- (i) Subject to paragraph (ii), the Electoral Commission shall, from time to time, as it deems necessary, review the division of Phinbella, the Federation, the Entities and the Territories into electoral divisions and recommend any changes in therein as they think necessary to comply with the provisions contained in the Thirteenth Schedule; and the review of constituencies for the purpose of elections to the Legislative Assembly shall be carried out at the same time as the review of constituencies for the purpose of elections to the House of Majilis.
- (ii) There shall be an interval of not less than eight years between the date of completion of one review, and the date of commencement of the next review, under this Clause.
- (iii) The review under paragraph (i) shall be completed within a period of not more than two years from the date it began.
- If the Electoral Commission considers that as a result of the law made under Article 2 it is necessary to carry out the review referred to in Clause (2), they shall do so, whether or not eight years have passed since the last review. under this Clause.
- (3A)
- (i) If the number of elected House of Majilis members is changed as a result of any amendment to Article 71, or the number of elected members of the Parliament of an Entity is changed as a result of laws enacted by the Entity's Legislature, or the number of elected members of the Legislative Assembly of an Entity Territories or Provinces are changed as a result of laws enacted by the Territorial Legislature, the Electoral Commission shall carry out a review of the division into federal electoral divisions, entities or Territories, as the case may be, of the areas affected by the change, and the review that must be completed within a period of not more than two years. from the effective date of the law making the change.
- (ii) The review under paragraph (i) shall not affect the time interval provided under paragraph (ii) of Clause (2) in respect of the review under paragraph (i) or that Clause.
- (iii) The provisions of the Thirteenth Schedule shall apply to the review under this Clause, but subject to modifications deemed necessary by the Election Commission.
- Federal, Entity or Territorial laws may authorize the Electoral Commission to conduct elections other than those mentioned in Clause (1).
- To the extent necessary for the purposes of its functions under this Article the Election Commission may make rules, but any such rules shall be in force subject to the provisions of federal law.
- There shall be a separate review under Clause (2) for the Territories of States of the Federation and for each federal entity (Oriental Taemhwan and Niue i Taman Lawang), and for the purposes of this Section the expression "review unit" shall mean, for federal constituencies, survey areas and, for Territorial constituencies, Territories and the expression "Territories of States of the Federation" shall include dependent territories and directly administered territories.
- Subject to Clause (3), the period for the first review under Clause (2) of any review unit shall be calculated from the first delimitation of electoral divisions for that unit under this Constitution or under the Noumeas Agreement.
- Notwithstanding Clause (7) of this Article, the review period under Clause (2) for the review unit Territories of States of the Federation conducted after the Constitution (First Amendment) Act 2023 is passed shall be counted. from the first delimitation of electoral divisions for that unit as soon as the Act is passed.
- The commencement date of a review under Clause (2) or Clause (3A), as the case may be, shall be the date of publication in the Gazette of the notice mentioned in section 4 of the Thirteenth Schedule. The date of completion of a review under Clause (2) or Clause (3A), as the case may be, shall be the date of submission of the report to the Council of Ministers under section 8 of the Thirteenth Schedule, and notice of such date shall be published by the Election Commission in the Gazette.
Article 117
- The supervision, direction and control of the preparation of the electoral roll for, and the conduct of, all elections for the House of Majilis and the Legislature of each Entity and Territory and the election for the office of President held under this Constitution shall be vested in the Election Commission.
- The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as may be determined by the President from time to time and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any- which laws are made on that behalf by Parliament, are made by the President.
- When any other Election Commissioner is so appointed, the Chief Election Commissioner shall act as Chairman of the Election Commission.
- Before every general election to the House of Majilis, the Parliament of each Entity and the Legislative Assembly of each Territory, and before the first general election and thereafter before every biennial election to the Parliament of each Entity or the Legislative Assembly of each Territory that has that Council, the President may also appoint after consultation with the Electoral Commission such Regional Commissioners as he deems necessary to assist the Electoral Commission in carrying out the functions assigned to the Commission through clause (1).
- Subject to the provisions of any law made by Parliament, the terms of service and term of office of the Election Commissioner and Territorial Commissioner shall be as determined by the President through the method: Provided that the Chief Election Commissioner shall not be dismissed from office except in the same manner and for the same reason as a Judge of the Supreme Court and the terms of service of the Chief Election Commissioner shall not be altered to his disadvantage after his appointment:
- With the further condition that any other Election Commissioner or Territorial Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.
- Notwithstanding anything in Clause (5), the President shall by order dismiss from office any member of the Election Commission if that member-
- (a) is an undischarged bankrupt; or
- (b) engaged in any salaried position or employment outside the duties of his position; or
- (c) is a member of either the House of Majilis, Entity Parliament or Territorial Legislative Assembly.
- The President, the head of an Entity or the Governor of a Territory, shall, when so requested by the Electoral Commission, provide to the Electoral Commission or to the Regional Commissioner any personnel that may be necessary to carry out the functions assigned to the Electoral Commission through clause (1).
- Parliament shall by law provide for the remuneration of the members of the Election Commission, and the remuneration so provided shall be charged to the Consolidated Fund.
Article 118
- The Election Commission may employ any number of persons, on any terms and subject to any conditions, as determined by the Commission with the approval of the President.
- All public authorities shall at the request of the Commission give the Commission any assistance in fulfilling its obligations as may be practicable; and in carrying out its function of making recommendations for the delimitation of electoral divisions for the elections mentioned in item 141 (1), the Commission shall seek advice from two Federal Government officials who have specific knowledge of the topography, and population distribution. in, the review unit for federal elections, and the position shall be chosen for that purpose by the President.
Article 119
There shall be a general electoral roll for each territorial constituency for election to any House of Parliament or Parliament of an Entity or any Legislative Assembly of a Territory and no person shall be ineligible for inclusion in any roll or claim to be included in any special electoral roll for any constituency solely on the grounds of religion, race, caste, sex or any of them.
Article 120
- Elections to the House of Majilis, the Parliament of each Entity and the Legislative Assembly of each Territory shall be based on youth and adult suffrage based on this:
- Every citizen who-
- (a) has attained the age of sixteen years on the date of eligibility; and
- (b) is resident in the constituency on the qualifying date or, if not so resident, is an absentee voter,
- entitled to vote in that electoral division in any election to the Dewan Rakyat or Dewan Undangan unless he is disqualified under Clause (3) or under any law relating to an offense committed in connection with an election; but no person shall at the same election vote in more than one constituency.
- Constitution or any law made by the Legislature concerned on the grounds of non-resident, unsoundness of mind, crime or corrupt or illegal practice, entitled to be registered as a voter at any such election.
- A person is disqualified to be a voter in any election for the House of Majilis, the Entity Parliament or the Legislative Assembly if-
- (a) on the qualifying date he is detained as an insane person or is serving a prison sentence; or
- (b) having before the qualifying date been convicted in any part of the Phineonesian Confederation or other countries of an offense and sentenced to death or imprisonment for a term exceeding twelve months, he remains liable on the qualifying date to suffer any punishment for the offense that.
- In this Article "qualification date" means the date on which the electoral roll is prepared or revised, and "absentee elector" means in relation to any electoral division any citizen who is registered as an absent elector in respect of that electoral division under the provisions of any law relating to elections.
Article 121
Subject to the provisions of this Constitution, Parliament may from time to time by law make provision in respect of all matters relating to, or connected with, elections to either House of Parliament or any Parliament in the Entity or any Territorial Legislative Assembly includes the preparation of electoral registers, the delimitation of electoral divisions and all other matters necessary to ensure the proper constitution of the House or Houses.
Article 122
Subject to the provisions of this Constitution and to the extent that provisions for that purpose are not made by Parliament, the Legislature of a Territory may from time to time by law make provisions in respect of all matters relating to, or relating to, elections to the House or any- where the Territorial Legislature includes the preparation of the register of voters and all other matters necessary to ensure the proper constitution of the said House or Houses.
Article 123
No election to the House of Majilis, Entity Parliament or Territorial Assembly can be questioned except through an election petition submitted to the High Court having jurisdiction where the election is held.
Article 123A
A petition complaining of failure to return to the House of Majilis shall be deemed to be an election petition and the High Court may make such order thereon as it thinks fit to compel a statement to be made, but failure to make a statement within any period specified by Article 75 shall not can be grounds for declaring that a member has not been duly elected.
Article 124
If according to Article 45 (4) provision is made by Parliament for the election of Senators through the direct vote of the electors-
- (a) the entire territory of a State of the Federation shall form one electoral division and each elector shall have as many votes in any election to the House of Senate as there are seats to be filled in that election; and
- (b) the electoral register for the election to the House of Majilis shall also be the electoral register for the election to the House of Senate; and
- (c) Articles 120, 123 and 123A shall apply in relation to House of Senate elections as they apply in relation to House of Assembly elections.
Article 125
Notwithstanding anything in this Constitution—
- the validity of any law relating to the delimitation of constituencies or the allocation of seats to such constituencies, made or purported to be made under article 146 or article 147, shall not be questioned in any court;
- no election for any House of Parliament or any Parliament of an Entity or any Legislature of a Territory shall be called into question except by election petition presented to that authority and in such manner as may be provided by or under which -any law made by the appropriate Legislature.