Constitution of Phinbella/Constitution of Phinbella 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 August 8, 2619, and amended for the first time thereafter.

October 1st, 2619/2023 corresponding to the 1.I.1725 AN.

The Phinbellans. and citizens of Phinbella hereby determine that the Constitution of Phinbella is as follows:

FIRST CHAPTER - General Provisions

Article 1

1. The Federal Republic of Phinbella, shall be a union of states with a democratic republic system.
2. The official name of the country, should be named as "Order of the Holy Lakes in Right of the Federal Republic of Phinbella".
3. The Federal Republic of Phinbella is a realm within the Order of the Holy Lakes, are remain autonomous, with their own systems of law and culture as stated in clause (1), in so far as is provided by the Charter for the Order of the Holy Lakes and Acts of Senate.
4. 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.
5. 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 as the realm of the Order of the Holy Lakes 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

1. The people should be the only source of national power.
2. The people must exercise power directly through national referendums and free elections and delegate the exercise of their power to national institutions.
3. 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.
4. 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 territories, special administrative territories and dependent territories.

Article 7

1. All ethnic groups in the Federal Republic of Phinbella belonging to the Phinbellans and sub-Phinbellans 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.
2. 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.
3. 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 territories will not impede the full freedom of movement of people, goods, services and capital throughout Phinbella. The territories cannot establish control at the border between territories.

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.

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 Order of the Holy Lakes in Right of 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

1. 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.
2. 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.
3. The validity of any law made by the Parliament or Legislature of any Territory of the Federated States 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 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, in proceedings between the Federation and the Territories of the Federated States.
4. 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 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 Order of the Holy Lakes in Right of the Federal Republic of Phinbella shall be delineated as follows:

1. This state consists of the territory of the federated states (or actually Territory) and territories administered directly under the jurisdiction of the central government, as well as dependent territories;
2. Territories of the federated states, directly administered territories and dependent territories consist of collectivities and autonomous sub-districts; and
3. 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 -

1. 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;
2. increase the area of any Territory;
3. reduce the area of any Territory;
4. change the boundaries of any Territory;
5. 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

1. 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.
2. 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

1. 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.
2. No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 200.

THIRD CHAPTER - Fundamental Liberty

Article 19

1. 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.
2. 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

1. No one shall be deprived of his life or personal liberty except in accordance with law.
2. 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.
3. 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.
4. 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:
5. 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.
6. 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

1. No one shall be held in slavery.
2. All forms of forced labor are prohibited, but Parliament may by law provide for compulsory service for national purposes.
3. 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

1. 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. .
2. 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 24A

1. No person arrested shall be detained in custody without being informed, as soon as possible, of the reason for the arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
2. Every person arrested and remanded in custody shall be brought before the nearest magistrate within twenty-four hours of the arrest excluding the time required to travel from the place of arrest to the magistrate's court and no such person shall be remanded in custody beyond that period without permission of the magistrate.
3. Nothing in clauses (1) and (2) shall apply
   • (a) to any person who is for the time being an enemy alien; or
   • (b) to any person arrested or detained under any law providing for preventive detention.
4. No law providing for preventive detention shall authorize the detention of a person for a period longer than three months unless -
   • (a) An Advisory Board consisting of persons who are, or have been, or are eligible to be appointed, Judges of the High Court have reported before the expiry of the said three months that in their opinion there is sufficient cause for such detention:
     • Provided that nothing in this sub-clause shall authorize the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or
   • (b) the person is detained in accordance with the provisions of any law made by Parliament under sub-clauses (a) and (b) of clause (7).
5. Where any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as practicable, communicate to the person the grounds on which the order has been made and shall give him an opportunity earliest to make a representation against the order.
6. Nothing in clause (5) shall require the authority making any order as mentioned in that clause to disclose facts which the authority considers contrary to the public interest to disclose.
7. Parliament can by law prescribe
   • (a) the circumstances in which, and the class or classes of cases in which, a person may be detained for a period exceeding three months under any law providing for preventive detention without obtaining the opinion of the Advisory Board in accordance with the provisions of sub-clause (a) of clause (4);
   • (b) the maximum period for which any person in any class or classes of cases is detained under any law providing for preventive detention; and
   • (c) the procedure to be followed by the Advisory Board in an investigation under sub-clause (a) of clause (4).

Article 25

1. All people are equal before the law and are entitled to equal protection of the law.
2. 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.
3. 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 part of a Territory as a qualification for election or appointment to any authority having jurisdiction only in the Territory or part thereof, or to vote in such elections;
   • any provision of the Constitution of a Territory, 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

1. No Phinbellan citizen can be exiled or excluded from Phinbella.
2. 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

1. 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.
2. 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.
3. Restrictions on the right to establish associations given by clause (1) (c) may also be imposed by any law relating to labor or education.
4. 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 Phinbellan Nationality Law, Article 180, Article 189 or Article 215 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

1. Everyone has the right to profess and practice their religion and spread it.
2. 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.
3. 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.
4. This article does not authorize any act contrary to any general law relating to public order, public health or morals.

Article 32

1. 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).
2. 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.
3. No person shall be required to receive instruction in or participate in any ceremony or worship of a religion other than his own.
4. 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

1. No one can be deprived of property except according to law.
2. No law shall provide for the compulsory acquisition or use of property without adequate compensation.

FOURTH CHAPTER - The President

Article 38

1. 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.
2. The President shall be elected by the citizens of Phinbella in accordance with any law made by the Legislature.
3. 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.
4. 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

1. 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.
2. 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. (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.
4. 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.
5. 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.
6. The Presidential Election Committee may regulate its own procedures and determine the quorum of its meetings.
7. The Presidential Election Committee can act even if there is a vacancy in its membership.
8. 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.
9. 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

1. No person shall be elected President unless he is eligible to be elected in accordance with the provisions of this Constitution.
2. 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 72 (4);
   • (d) is not subject to any of the disqualifications specified in Article 73;
   • (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 Sections 1 of the Public Officers Act 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.
3. 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.
4. Nothing in clause (3) shall be construed as requiring any person exercising the functions of the office of President under Sections 14 and 15 of the Public Officers Act 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

1. The President shall hold office for a period of 18 months from the date he assumes office.
2. 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.
3. 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

1. 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.
2. The President may act at his discretion in performing the following functions:
   • (a) the appointment of the Council of Ministers in accordance with Article 59;
   • (b) withholding consent to a request for the dissolution of Parliament;
   • (c) withholding assent to any Bill under Sections 5 and 8 of the Public Officers Act, 156 (3) or 160A;
   • (d) withholding consent under Article 156 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 160G;
   • (g) consent detention under Article 198 (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 12 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.
3. 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 156, 160A, 160B and 160G.
4. 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).
5. 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

1. 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 198;
   • (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.
2. 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 71 (1), reject the President's decision.
3. 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

1. 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.
2. 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.
3. 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.
4. 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 95A to determine the validity of any Presidential election.

Article 45

1. 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 95A 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.
2. 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.
3. 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 .
4. 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.
5. 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.
6. 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

1. If the Election Judge in exercising his jurisdiction under Article 95A 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.
2. 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.
3. 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

1. 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.
2. 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).
3. 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.
4. 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.
5. 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

1. 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.
2. 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.
3. 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

1. 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.
2. 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

1. 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.
2. 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

1. 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.
2. The Legislature can by law give executive functions to others.

Article 58

1. 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.
2. 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

1. 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.
2. 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

1. The Council of Ministers cannot be called except with the authority of the Chairman.
2. 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

1. 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.
2. The Chairman of the Council of Ministers can maintain in his care any department or subject.

Article 64

1. 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.
2. 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.
3. 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.
4. 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.
5. Parliament shall by law make provisions for the recount of the Parliamentary Secretary.

Article 65

1. The Chairman of the Council of Ministers may appoint any number of persons he deems fit to be Political Secretaries.
2. 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.
3. The provision of Clause (4) of Article 64 shall apply to the Political Secretary as it applies to the Parliamentary Secretary.
4. 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

1. 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.
2. 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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. The Attorney-General shall have power, exercisable at his discretion, to initiate, conduct or discontinue any proceedings for any offence.
8. 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.
9. 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.
10. 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.
11. The terms of service of the Attorney-General may not be changed to his disadvantage while he continues in office.
12. 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

1. The Parliament of the Federal Republic of Phinbella is the highest representative body of the Federal Republic that performs legislative functions.
2. Parliament's powers shall start from the opening of its first session and end with the first session of the new convocation.
3. The power of the Parliament can be terminated earlier in the case and according to the procedure established by the Constitution.
4. The organization and activities of Parliament, the legal status of its deputies shall be determined by constitutional law.

Article 71

1. Parliament shall consist of two Houses that act regularly: the House of the Senate and the House of Majilis.
2. The House of the Senate shall consist of representatives elected in pairs from each territory, main city and capital of Phinbella, in joint session of representatives of all representative bodies of the respective territories, 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.
3. 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.
4. A deputy of Parliament cannot be a member of both Houses simultaneously.
5. 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

1. 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.
2. 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.
3. The extraordinary election of Parliamentary deputies shall be held within two months from the moment of the premature termination of Parliament's powers.
4. 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, 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.
5. 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.
6. A deputy shall take the oath before the Phinbellans.

Article 73

1. 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.
2. 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.
3. 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.
4. 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.
5. 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, nor be both elected and appointed members of the House of the Senate.

Article 75

1. 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.
2. The vacancy of a member of the House of Senate must be filled by a member who must be elected by a Territory according to the Seventh Schedule, the provision of Clause (1) does not apply to the filling of the vacancy.
3. 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

1. A Parliamentary deputy will not be bound by any important mandate.
2. 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.
3. 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.
4. 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 .
5. 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.
6. 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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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

1. The Parliamentary Conference shall continue in the form of a joint and separate conference for its chambers.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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

1. The House shall constitute standing committees, the number of which shall not exceed seven in each House.
2. 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.
3. Committees and commissions shall issue resolutions on matters within their jurisdiction.
4. The formation procedure, authority and organization of committee and commission activities shall be determined by law.

Article 86

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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

1. 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.
2. The Federal Law will come into force after it is signed by the President.
3. 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.
4. 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.
5. 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.
6. No less than two readings introducing amendments and additions to the Constitution, adopting constitutional laws or introducing changes and additions to it are mandatory.
7. 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.
8. 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

1. 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.
2. The President can prorogue or dissolve Parliament.
3. Parliament unless sooner dissolved shall continue for four years from the date of its first meeting and shall then be dissolved.
4. 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.
5. A Bill pending in Parliament cannot lapse due to the prorogation of Parliament.
6. A Bill pending reconsideration by Parliament shall not lapse by reason of prorogation or dissolution of Parliament.
7. A Bill pending the assent of the President shall not lapse by reason of prorogation or dissolution of Parliament.

Article 89

1. 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.
2. 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

1. 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.
2. 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.
3. 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.
4. If a member of the Legislative Assembly of a Territory is elected as the Speaker, he must resign from the Assembly before carrying out the functions of his office.
5. 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:
6. 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.
7. 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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. If a member of the Legislative Assembly of a Territory is elected Speaker, he must resign from the Assembly before carrying out the functions of his office.
7. 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.
8. 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

1. There should be a Clerk of the House of the Senate and a Clerk of the House of Majilis.
2. 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:
3. 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.
4. 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.
5. 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.
6. 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.

SEVENTH CHAPTER - Judiciary

Article 95

1. 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;
   • (b) 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; and
   • (c) three in special administrative territories;
   • (d) and in lower courts as provided by federal law.
2. (1A) The court mentioned in Clause (1) has no jurisdiction in respect of any matter within the jurisdiction of the Syariah court.
3. (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.
4. 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.
5. 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.

Article 95A

1. All proceedings relating to the election of the President shall be heard and determined by the Chief Justice or by a Judge of the Supreme Court nominated by the Chief Justice for the purpose (referred to in this Constitution as the Election Judge).
2. The Election Judge shall have the power to hear and determine and make such orders as provided by law on proceedings relating to the election of the President, and the decision of the Election Judge in any such proceedings shall be final.
3. The procedure and practice in proceedings relating to the election of the President shall be regulated by rules which may be made by the Rules Committee constituted and appointed under section 80 of the Supreme Court of Judicature Act (Cap. 322).

Article 96

1. (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).
2. (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.
3. (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

1. 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; and
   • (b) in the High Court in Tanah Tōnán'hyôrï, Oystra Stoorskerið and Permata Mutiara, eight.
2. 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.
3. For the delivery of High Court business in Tanah Tōnán'hyôrï, Oystra Stoorskerið and Permata Mutiara 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.
4. 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 Tanah Tōnán'hyôrï, Oystra Stoorskerið and Permata Mutiara 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.
5. 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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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 sometimes one and sometimes the other.

Article 98

1. 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.
2. 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.
3. 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.
4. 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.
5. 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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. Parliament shall by law make provision for the calculation so provided shall be charged to the Consolidated Fund.
7. 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.
8. 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.
9. 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.
10. 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

1. 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 dependencies or SARs, and vice versa.
2. 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.

Article 102

1. 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 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 has no power to make laws; and
   • (b) disputes on any other question between Territories or between the Federation and any Territories.
2. 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.
3. 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

1. 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.
2. 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

Article 105

1. 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.
2. 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.
3. 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

1. 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.
2. Clause (1) does not apply and is not enforced for any non-monarchical Territories of the States.
3. 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.
4. 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.
5. 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.
6. 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.
7. In relation to the dependencies of Tanah Tōnán'hyôrï, Oystra Stoorskerið and Permata Mutiara -
   • (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 depencencies 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 laws of the dependecies which comes into force on the Phinbellan National Day.

Article 107

1. The validity of any proceedings in the Legislative Assembly of any Territory shall not be questioned in any court.
2. 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.
3. 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.
4. 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:

1. Foreign policy.
2. Foreign trade policy.
3. Customs policy.
4. Monetary policy as provided in Article VII.
5. Institutional finance and for the international obligations of the Federal Republic of Phinbella.
6. Immigration, refugee and asylum policies and regulations.
7. International and inter-Entity criminal law enforcement, including liaison with Interpol.
8. Establishment and operation of common and international communication facilities.
9. Transport rules between Entities in Phinbella.
10. Air traffic control.

Article 109

1. The entity of the dependency and SAR 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.
2. Each Entity in Phinbella 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 SAR or dependency, 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.
3. Entities of the dependency and SAR 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.
4. Each Entity of the dependency and SAR 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

1. All governmental functions and powers not expressly granted in this Constitution to Federal institutions belong to the SAR and dependency.
2. The Entity of the dependency and SAR 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 dependencies and SARs on matters not within the responsibility of Phinbella as provided for in this Constitution, unless the dependencies and SARs object in any particular case.

Article 112

1. Phinbella shall assume responsibility for any other matter agreed by the dependencies and SARs; 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.
2. Within six months after the entry into force of this Constitution, the Entity of the dependency and SAR 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 - Responsibilities of and Relations Between the Institutions of Federal Republic of Phinbella and the Territories

Article 113

• Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of Phinbella, and the Legislature of a Territory may make laws for the whole or any part of the Territory of the Federated State.
• No law made by Parliament shall be deemed invalid on the ground that it would have extraterritorial operation.

Article 114

1. Notwithstanding clauses (2) and (3), Parliament has the exclusive power to make laws in respect of any matter listed in List I of the Seventh Schedule (in this Constitution referred to as the "Federal List").
2. Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any Territory also, shall have power to make laws in respect of any matter mentioned in List III in the Seventh Schedule ( in this Constitution. referred to as the "Concurrent List").
3. Subject to clauses (1) and (2), the Legislature of any Territory shall have exclusive power to make laws for that Territory or any part thereof in respect of any matter mentioned in List II in the Seventh Schedule (in the Constitution this is referred to as the "Territory List").
4. Parliament has the power to make laws in respect of any matter for any part of the territory of India which is not included in a Territory even if the matter is listed in the List of Territories.

Article 115

Notwithstanding anything in this Chapter, Parliament may by law provide for the establishment of any additional court for the better administration of any law made by Parliament or any existing law in respect of matters mentioned in the Federal List.

Article 116

1. Parliament has the exclusive power to make any law in respect of any matter not listed in the Joint List or the Territorial List.
2. Such power shall include the power to make any law imposing taxes not mentioned in any of the said Lists.

Article 117

1. Notwithstanding anything in the above provisions of this Chapter, if the Territorial Council has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the interests of the country that Parliament should make laws law relating to any matter mentioned in the List of Territories specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of Phinbella in relation to that matter while the resolution is still in force.
2. A resolution passed under clause (1) shall continue in force for a period not exceeding one year as stated therein: Provided that, if and as often as a resolution approving the continuation in force of any such resolution is passed in the manner provided. In clause (1), such stipulation shall continue to be in force for a further period of one year from the date under this clause it shall cease to be in force.
3. A law made by Parliament which Parliament cannot make except to pass a resolution under clause (1) shall, to the extent of its incapacity, cease to have effect on the expiry of six months after the resolution has ceased to have effect, except in respect of matters which done or omitted to be done before the expiration of that period.

Article 118

1. Notwithstanding anything in this Chapter, Parliament shall, while the Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of Phinbella in respect of any matter listed in the Territorial List.
2. A law made by Parliament which Parliament cannot make except to issue a Proclamation of Emergency shall, to the extent of that incapacity, cease to have effect at the expiration of six months after the Proclamation ceases. to operate, except in respect of things done or omitted from being done before the expiry of that period.

Article 119

Nothing in articles 117 and 118 shall restrict the power of the Legislature of a Territory to make any law which under this Constitution it has power to make, but if any provision of law made by the Territorial Legislature is contrary to any provision of a law made by Parliament which Parliament has under any such matter power to make, a law made by Parliament, whether passed before or after a law made by The Territorial Legislature, shall apply, and the law made by the Territorial Legislature shall be to the extent of that repugnance, but so long as the law made by Parliament continues in force, shall not be in force.

Article 120

1. If it is found that the Legislature of two or more Territories it is appropriate that any matter in respect of which the Parliament does not have the power to make laws for the Territories except as provided in articles 117 and 118 shall be regulated in those Territories by the Parliament by law, and if a resolution to that effect is passed by all the Legislatures of the Territories, it shall be lawful for Parliament to pass an Act to regulate the matter accordingly, and any Act so passed shall apply to the Territories- that territory and any other Territory to which it is subsequently adopted by resolution passed in that behalf by the House or, if there are two Houses, by each House of the Legislature of that Territory.
2. Any Act passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in the same manner but shall not, in respect of any applicable Territory, be amended or repealed by an Act of the Legislature of that Territory.

Article 121

Notwithstanding anything contained in the above provisions of this Chapter, Parliament shall have power to make any law for the whole or any part of the territory of Phinbella to carry out any agreement, treaty or convention with any other country or countries or any decisions made at any international conference, association or other body.

Article 122

1. If any provision of law made by the Legislature of a Territory is contrary to any provision of law made by Parliament which is eligible to be enacted by Parliament, or to any provision of existing law in respect of one of matter mentioned in Concurrent. List, then, subject to the provisions of clause (2), laws made by Parliament, whether passed before or after laws made by the Territorial Legislature, or, as the case may be, laws which existing, shall apply and the laws made by the Territorial Legislature shall, to the extent of the repugnance, be void.
2. If the law made by the legislature of a Territory in relation to one of the matters mentioned in the Joint List contains any provision that is contrary to the provisions of the previous law made by Parliament or existing law in relation to that matter, then a law so made by the Legislature of that Territory shall, if it has been reserved for the consideration of the Governor or the King and has received his assent, prevail in that Territory: Provided that nothing in this clause shall prevent Parliament from enacting at any time— when any law applies to the same matter including the law adding, amending, changing or repealing the law made as such by the Territorial Legislature.

Article 123

No Act of Parliament or the Legislature of a Territory, and no provision in any such Act, shall be invalid merely because some prior recommendation or restriction required by this Constitution has not been given, if assent to the Act has been given -

• where the required recommendation is from the Governor, either by the Governor or by the President;
• where the required recommendation is from the King, either by the King or by the President;
• where the necessary prior recommendation or sanction is from the President, by the President.

Article 124

The executive power of each Territory shall be so exercised as to ensure compliance with laws made by Parliament and any existing laws applicable in that Territory, and the executive power of the Union shall extend to the giving of such directions to a Territory as may be., it appears that the Phinbellan federal Government is necessary for that purpose.

Article 125

1. The executive power of each Territory shall be exercised in such a way as not to hinder or affect the implementation of the Federal executive power, and the Federal executive power shall include giving such instructions to a Territory as the Government deems. India is necessary for that purpose.
2. The executive power of the Federation shall also include giving instructions to a Territory about the construction and maintenance of means of communication declared in that direction to be of national or military interest: Provided that nothing in this clause shall be deemed restrictive. the power of Parliament to declare highways or waterways to be national highways or national waterways or the power of the Federation in respect of highways or waterways so declared or the power of the Federation to construct and maintain means of communication as part of its functions respecting naval works , army and air force.
3. The executive power of the Federation shall also include the giving of instructions to a Territory on the measures to be taken to protect the railways within that Territory.
4. If in carrying out any direction given to a State under clause (2) about the construction or maintenance of any means of communication or under clause (3) about measures to be taken to protect any railway, the cost has been incurred. in excess of what would have been incurred in the performance of the normal duties of the Territory if such instructions had not been given, shall be paid by the Federal Government to the Territory an agreed sum, or, failing that. agreement, as may be determined by an arbitrator appointed by Phinbellan Chief Justice, in respect of additional costs incurred by the Territory.

Article 126

1. Notwithstanding anything in this Constitution, the President may, with the consent of the Government of a Territory, entrust either conditionally or unconditionally to that Government or its officers functions in relation to any matter to which the executive power of the Federation is extended.
2. A law made by Parliament applicable in any Territory may, even if it relates to matters for which the Territorial Legislature has no power to legislate, confer powers and impose obligations, or authorize the conferral and imposition of powers. obligations, on Territories or its officials and authorities.
3. If by virtue of this matter powers and obligations have been granted or imposed upon a Territory or its officers or authorities, the Federal Government shall pay to that Territory an agreed sum of money, or, if not agreed, as may be determined by an arbitrator appointed by the Chief Justice, in respect of any additional administrative costs incurred by the Territories in connection with the exercise of such powers and duties.

Article 126A

Notwithstanding anything in this Constitution, the Governor or King of a Territory may, with the consent of the Federal Government, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the exclusive powers of that Territory are extended.

Article 127

The Federal Government may agree with the Government of any directly administered territory which is not part of the territory of Phinbella to exercise any executive, legislative or judicial function vested in the Government of such federal territory, but each such agreement shall be subject to, and governed by, any law related to the implementation of foreign jurisdiction that is in force.

Article 128

1. Full faith and credit shall be given throughout the territory of Phinbella to the public acts, records and judicial proceedings of the Federation and each Territory.
2. The manner in which and the conditions under which the acts, records and proceedings referred to in clause (1) shall be proved and the effect determined shall be as provided by laws made by Parliament.
3. A final judgment or order passed or passed by a civil court in any part of the territory of Phinbella is enforceable anywhere in that province according to law.

Article 129

1. Parliament may by law provide for the decision of any dispute or complaint in respect of the use, distribution or control of the waters of, or in, any river or river valley between the Territories.
2. Notwithstanding anything in this Constitution, Parliament may by law provide that the Supreme Court or any other court shall not exercise jurisdiction in respect of any dispute or complaint as mentioned in clause (1).

Article 130

If at any time it appears to the President that the public interest will be served by the establishment of a Council that is responsible for the duty -

• investigate and advise on disputes that may arise between Territories;
• investigate and discuss subjects in which some or all Territories, or the Federation and one or more Territories, have a common interest; or
• make recommendations on any such subject and, in particular, recommendations for better coordination of policy and action with respect to that subject,

it is lawful for the President by order to establish such a Council, and to define the type of duties to be performed by it as well as its organization and procedures.

ELEVENTH CHAPTER - The Federal Directly-Administered Territories

Article 131

1. 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.
2. 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 131A

1. 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.
2. Any law as mentioned in clause (1) cannot be considered as an amendment of this Constitution for the purposes of article 200 even if it contains any provision that amends or has the effect of amending this Constitution.

Article 131B

1. 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 156 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, 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.
2. 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.
3. 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.
4. 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 200 even if it contains any provision which amends or has the effect of amending this constitution.
5. The provisions of article 131D 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 131A" shall be deemed to be a reference to this article or article 131C, as the case may be.

Article 131C

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 156 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 156 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 131 and article 131B.

Article 131D

1. 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 131A, the administrator may not promulgate any Ordinance during the period of dissolution or suspension.
2. 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 131A, 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.
3. 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 131A, it shall be void.

Article 132

1. 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 156, 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.
2. 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 133

1. 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.
2. 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 156 subject to any modification or exception as provided by law by Parliament.
3. 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.
4. Nothing in this article shall diminish the power of Parliament to extend or exclude the jurisdiction of the High Court of a Territory to, or from, any directly administered territory or part thereof.

TWELVETH CHAPTER - Elections

Article 134

1. 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 and the Territorial Legislature and prepare and review the electoral roll for the elections such.
2. (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 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.
3. 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.
4. (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 Legislative Assembly of an any divisions 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 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.
5. Federal or Territorial laws may authorize the Electoral Commission to conduct elections other than those mentioned in Clause (1).
6. 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.
7. There shall be a separate review under Clause (2) for the Territories of States of the Federation and for each dependencies (Tanah Tōnán'hyôrï, Oystra Stoorskerið and Permata Mutiara), 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.
8. 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.
9. 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.
10. 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 135

1. 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 Territory and the election for the office of President held under this Constitution shall be vested in the Election Commission.
2. 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.
3. When any other Election Commissioner is so appointed, the Chief Election Commissioner shall act as Chairman of the Election Commission.
4. Before every general election to the House of Majilis, the Legislative Assembly of each Territory, and before the first general election and thereafter before every biennial election to 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).
5. 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.
6. 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, Territorial Legislative Assembly.
7. The President, 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).
8. 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 136

1. 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.
2. 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 137

There shall be a general electoral roll for each territorial constituency for election to any House of Parliament 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 138

1. Elections to the House of Majilis and the Legislative Assembly of each Territory shall be based on youth and adult suffrage based on this:
2. 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.
3. 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.
4. A person is disqualified to be a voter in any election for the House of Majilis 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.
5. 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 139

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 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 140

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 141

No election to the House of Majilis or Territorial Assembly can be questioned except through an election petition submitted to the High Court having jurisdiction where the election is held.

Article 141A

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 142

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 138, 141 and 141A shall apply in relation to House of Senate elections as they apply in relation to House of Assembly elections.

Article 143

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 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.

THIRTEENTH CHAPTER - Economy

Article 144

1. The economic structure of the Federal Republic of Phinbella shall be based on respect for the freedom and creative initiative of enterprises and individuals in economic affairs.
2. The state can regulate and coordinate economic affairs to maintain balanced growth and stability of the national economy, to ensure proper income distribution, to avoid market dominance and abuse of economic power and to democratize the national economy through harmony among the people of economic agents.

Article 145

1. Licenses to exploit, develop or use minerals and all other important underground resources, marine resources, water power, and natural power available for economic use may be granted for a period of time under the conditions prescribed by the Act.
2. Land and natural resources should be protected by the Federation, and the country should establish the necessary plans for their balanced development and utilization.

Article 146

1. The Federation and Territories must strive to realize the principle of land to cultivators in relation to agricultural land. Tenant farms are prohibited.
2. Agricultural land leasing and agricultural land consignment management to increase agricultural productivity and to ensure the rational use of agricultural land or due to unavoidable circumstances, shall be recognized under the conditions set by the Act.

Article 147

The Federation may impose, under the conditions set by the Act, the restrictions or obligations necessary for the efficient and balanced use, development and preservation of national land which is the basis of productive activities and the daily life of all citizens.

Article 148

1. Federations and Territories shall establish and implement plans to develop and support farming and fishing communities as a whole to protect and nurture agriculture and fisheries.
2. The Federation and Territories shall have a duty to foster the regional economy to ensure the balanced development of all regions.
3. The Federation and Territories shall protect and foster small and medium enterprises.
4. In order to protect the interests of farmers and fishermen, the country should strive to stabilize the price of agricultural and fishery products by maintaining a balance between demand and supply of these products and improve their marketing and distribution system.
5. Federation and Territories shall foster organizations founded on the spirit of helping each other among farmers, fishermen and businessmen involved in small and medium industries and shall guarantee their independent activities and development.

Article 149

The Federation shall guarantee the movement of consumer protection aimed at promoting good consumption activities and improvements in product quality under the conditions set by the Act.

Article 150

The Federation shall foster foreign trade, and may regulate and coordinate it.

Article 151

Private enterprises cannot be nationalized or transferred to ownership by local governments, and their management cannot be controlled or administered by the Federation or Territories, except in cases determined by the Act to meet the urgent needs of national defense or national economy.

Article 152

1. The Federation should strive to advance the national economy by developing science and technology, information and human resources and encouraging innovation.
2. The Federation shall establish a system of national standards.
3. Council of Ministers may establish an advisory organization that is necessary to achieve the goals as referred to in clause (1).

FOURTEENTH CHAPTER - Finance

Article 153

The subject matter and rate of all taxes shall be determined by law.

Article 154

The Federal Government shall submit to the House of Majilis at the beginning of each annual meeting a budget decision covering all revenue and expenditure for the fiscal year. If the special expenditure covers a period of more than one year, the expenditure shall be designated by Parliament as a continuous fund. Parliament cannot increase expenditure or establish new expenditure without the consent of the government.

Article 155

1. The increase of the national loan or the conclusion of any contract with the National Treasury outside the national budget shall be subject to the decision of the Parliament.
2. No guarantee or loan can be given or raised by the Government —
   • (a) except under the authority of any resolution of Parliament agreed to by the President;
   • (b) under the authority of any law to which this paragraph applies unless the President consents to the grant or increase of the guarantee or loan; or
   • (c) except under the authority of any other written law.
3. The President, acting in his discretion, may withhold his assent to any Bill passed by Parliament providing, directly or indirectly, for the borrowing of money, the granting of any guarantee or the raising of any loan by the Federal Government if , in the President's opinion, the Bill is likely to use the Government's reserves that the Government has not accumulated during its current term of office.

Article 156

1. The House of Majilis must enact the annual budget before the beginning of the fiscal year.
2. If the budget cannot be enacted on time due to unavoidable reasons, the National Assembly shall establish a temporary budget for a period not exceeding the first month of the fiscal year and the permanent budget shall be enacted during this period.

Article 157

1. State revenue and production counts should be investigated annually by the Audit Board. The Government must submit to the House of Majilis in the following year's session a statement of accounts together with the Audit Board's investigation report.
2. The organization and function of the Audit Board shall be determined by law.
3. The Minister responsible for finance shall, before the end of each financial year, cause to be prepared an annual estimate of Phinbella's revenue and expenditure in the following financial year which, when approved by the Cabinet and the Council of Ministers, shall be presented to the House of Majilis.
4. Estimated expenditure should be shown separately—
   • (a) the total amount required to meet the expenses imposed on the Consolidated Fund;
   • (b) the amount of money each of which is required to meet other heads of expenditure for public services proposed to be met from the Consolidated Fund, except for the following amounts:
     • (i) the amount of money representing the proceeds of any loan obtained by the Federal Government for a specific purpose and allocated for that purpose by the law authorizing the acquisition of the loan;
     • (ii) sums of money representing any money or interest on money received by the Federal Government subject to the trust and must be used in accordance with the terms of the trust; and
     • (iii) the amount of money representing any money held by the Government which has been received or allocated for the purpose of any trust fund established by or pursuant to any written law; and
   • (c) the amount of money each is required to meet the proposed head of expenditure to be met from the Development Fund.
5. The estimated revenue that will be shown in the estimate does not include any amount received through zakat, fitrah and baitulmal or similar Muslim revenue.
6. The Minister responsible for finance shall also present to Parliament together with an estimate of revenue and expenditure—
   • (a) a statement as to whether the annual estimate of revenue and expenditure is likely to use reserves not accumulated by the Government during its current term of office; and
   • (b) an audited statement showing as far as practicable the assets and liabilities of Phinbella at the end of the previous financial year.
7. The Minister responsible for finance shall, as soon as practicable after the end of each financial year, provide in respect of that year—
   • (a) in relation to the accounts maintained in respect of the Consolidated Fund, a full and particular account showing the amounts actually received and expended during the year, and a full and particular statement showing the receipt and expenditure of any loan money;
   • (b) statement of receipt and expenditure of money accounted for in the Development Fund Account;
   • (c) statement of receipt and expenditure of money accounted for in any Government fund created by any law;
   • (d) as far as practicable, Singapore's statement of assets and liabilities at the end of the financial year;
   • (e) to the extent practicable, a statement of outstanding guarantees and other financial liabilities of Singapore at the end of the financial year; and
   • (f) any other statement deemed appropriate by the Minister,
   • and, after the accounts and statements referred to in this clause have been audited, submit to the President the audited accounts and statements together with other statements stating whether the audited accounts and statements referred to in this clause indicate any withdrawal or possible use Government reserves that have not been accumulated by the Government during its current term of office.

Article 158

There shall be in and for Phinbella a Consolidated Fund into which, subject to the provisions of any law for the time being in force in Phinbella, shall be paid all proceeds of Phinbella not appropriated for a particular purpose by any written law.

Article 159

1. No money shall be withdrawn from the Consolidated Fund unless it is—
   • (a) imposed on the Consolidated Fund;
   • (b) permitted to be issued by law of Supply, law of Additional Supply or law of Final Supply;
   • (c) authorized to be issued by resolution passed by Parliament under Article 160B approved by the President; or
   • (d) authorized to be issued by the Minister responsible for finance under Article 160B (4).
2. No money shall be withdrawn from the Consolidated Fund except in the manner provided by law.
3. Clause (1) does not apply to any amount of money mentioned in Article 157.
4. No money in the Development Fund can be withdrawn —
   • (a) except for any one or more purposes specified in any written law, as necessary or related to the development of Singapore; and
   • (b) unless authorized to be issued by the Supply law, the Supplementary Supply law or the Final Supply law or by the Minister responsible for finance under Article 160B (4).

Article 160

1. The heads of expenditure to be met from the Consolidated Fund and the Development Fund (other than statutory expenditure and expenditure to be met by any amount referred to in Article 139) shall be included in a Bill to be known as a Supply Bill , allocating the withdrawal from the Consolidated Fund and the Development Fund of the amount of money necessary to cover the expenditure and the distribution of the amount of money for the stated purposes. in it.
2. Anywhere -
   • (a) any money spent or likely to be spent in any financial year on any service or purpose in excess of the amount provided for that service or purpose by the Supply law relating to that year; or
   • (b) any money spent or likely to be spent (other than statutory expenditure) in any financial year on any new service or purpose not provided for by the Supply legislation in relation to that year,
   • a supplementary estimate (or, as the case may be, a surplus statement) shall be prepared by the Minister responsible for finance and, when approved by the Cabinet, shall be presented to and voted on by Parliament; in respect of all additional expenditure so voted, the Minister responsible for finance may, at any time before the end of the financial year, introduce into Parliament a Supplementary Supply Bill containing, under appropriate heads, the amount of the budget voted such and shall, immediately. as soon as practicable after the end of each financial year, introduce into Parliament a Final Supply Bill containing any such sum not already included in any Supply Bill.
3. (2A) The Minister responsible for finance shall, in presenting to the House of Majilis any additional estimate or statement of surplus under clause (2), also submit a statement stating whether the additional estimate or statement of surplus, according to any concerned, is likely to use the reserves that the Government did not accumulate during his current tenure.
4. That part of any estimate of expenditure submitted to the House of Majilis showing statutory expenditure shall not be voted by the House of Majilis, and such expenditure shall, without further consent of Parliament, be paid out of the Consolidated Fund.
5. For the purposes of this Article, "statutory expenses" means expenses incurred on the Consolidated Fund or on the general revenue and assets of Phinbella pursuant to Articles 39, 69 (9), 92, 160E, 160F (4), 174 (2) and 175, and Public Officers Act Section 10 or pursuant to the provisions of any other law currently in force in Phinbella.

Article 160A

1. The President may, acting in his discretion, withhold his assent to any Supply Bill, Supplementary Supply Bill or Final Supply Bill for any financial year if, in his opinion, the estimated revenue and expenditure for that year, that addition. estimate or statement of surplus, as the case may be, is likely to lead to the release of unaccumulated reserves by the Federal Government during its current term of office, unless the President assents to any such Bill notwithstanding his opinion that the estimate, supplementary estimate or statement of surplus likely to lead to the withdrawal of said reserve, the President shall express his opinion in writing addressed to the President and shall cause his opinion to be published in the Gazette.
2. If the President withholds his assent to any Supply Bill, Supplementary Supply Bill or Final Supply Bill relating to any financial year and no resolution to reject the President is passed by Parliament under Article 160D within the period 30 days after the withholding of the consent, Parliament may by resolution authorize expenditure or additional expenditure, as the case may be, (not authorized by law) from the Consolidated Fund and the Development Fund during the financial year:
   • Provided -
     • (a) if the President withholds his assent to the Supply Bill, the expenditure so authorized for any service or purpose for that financial year (which includes any amount authorized under Article 160B (4)) shall not exceed the amount the amount allocated for that. services or purposes in the previous financial year; or
     • (b) if the President withholds his assent to a Supplementary Supply Bill or a Final Supply Bill, the expenditure so authorized for any service or purpose shall not exceed the amount necessary to replace the amount advanced from any Fund Emergency under Article 160C (1) for that service or purpose.
3. For the purposes of paragraph (a) proviso to clause (2), the total amount allocated for any service or purpose in any financial year shall be ascertained by adding the amount of money allocated for that service or purpose by the Supply law., Additional Supply law and Final Supply law (if any) for that financial year.
4. (3A) When the resolution under clause (2) is passed, the Minister responsible for finance shall introduce in Parliament a Supply Bill, Supplementary Supply Bill or Final Supply Bill, as the case may be, containing, under appropriate heads, the amount of money. as voted by the House of Majilis.
5. In making his opinion under clause (1) in relation to any Supplementary Supply Bill or Final Supply Bill, the Speaker shall not take into account any amount for any service or purpose included in the Bill -Additional Supply Bill or Final Supply Bill to replace any advance amount from any Contingency Fund under Article 160C (1).
6. For the purposes of this Article and Article 160D, where, on the expiry of 30 days after the Supply Bill, Supplementary Supply Bill or Final Supply Bill has been presented to the President for his assent, the President shall not mark the detention. of his consent to the Bill, the President shall be deemed to have given his consent to the Bill and the date of that consent shall be deemed to be the day immediately after the expiry of the said 30 days.

Article 160B

1. Subject to clause (3), Parliament may, by a resolution approving the estimate containing a vote on account, authorize expenditure for part of any year before the passing of the Supply law for that year, but the aggregate amount so voted shall be included under appropriate head, in the Supply law for that year.
2. Subject to clause (3), Parliament may, by resolution approving a vote of credit, authorize expenditure for the whole or part of the year, other than in accordance with Articles 157 and 160, if, due to the magnitude or indeterminacy. nature of any service or extraordinary urgency, it seems proper for Parliament to do so.
3. No resolution of Parliament made under clause (1) or (2) shall come into force unless the President, acting in his discretion, assents to it.
4. If no Supply Bill has become law on the first day of the financial year to which it relates (whether by reason of the President withholding his assent or otherwise), the Minister responsible for finance may, with the prior approval of the Cabinet, authorize such expenditure ( not permitted by law) from the Consolidated Fund, the Development Fund or other Government funds as he may deem essential for the continuation of public services or any development purpose shown in the budget until there is a law of supply. for that financial year:
   • Provided that the expenditure so authorized for any service or purpose shall not exceed one-fourth of the amount voted for such service or purpose in the Supply law for the preceding financial year.

Article 160C

1. The Legislature may by law create a Contingency Fund each for the Consolidated Fund and for the Development Fund and authorize the Minister responsible for finance to make advances from the relevant Contingency Fund if—
   • (a) he is satisfied that there is an urgent and unexpected need for expenditure for which no provision or no sufficient provision has been made by the Supply law; and
   • (b) The President, acting in his discretion, agrees to make the advance.
2. If any advance is made pursuant to the power conferred under clause (1), an additional estimate of the amount of money required to replace the amount of the advance shall, as soon as practicable, be submitted to and voted by Parliament and the amount shall be included in the Bill Additional Supply or Final Supply Bill.
3. If the Minister responsible for finance proposes to make any advance from the Contingency Fund, he shall submit to the President a statement stating whether the proposed advance, if replaced, is likely to use the reserves not accumulated by the Government during the period his current position.
4. The President may, acting at his discretion, refuse to agree to the making of an advance from the Contingency Fund which in his opinion, if replaced, is likely to use up reserves not accumulated by the Government during his term of office.

Article 160D

1. If the President withholds his assent under Article 160A to any Supply Bill, Supplementary Supply Bill or Final Supply Bill relating to any financial year contrary to the recommendation of the President's Advisory Council, Parliament may through a resolution passed by not less than two-thirds of the total number of elected Members of Parliament referred to in Article 71 (3) rejecting the President's decision.
2. When a resolution under clause (1) is approved, the President's approval shall be deemed to have been given on the date the resolution is approved.

Article 160E

1. The following are hereby charged to the Consolidated Fund:
   • (a) all debt charges for which the Federal Government is liable; and
   • (b) any money required to satisfy any judgment, decision or award against the Government by any court or tribunal.
2. For the purposes of this Article, "debt charges" include interest, clearing fund charges, repayment or amortization of debt and all expenses related to the acquisition of loans for securities of the Consolidated Fund and the delivery and redemption of debts created thereby.

Article 160F

1. There shall be an Auditor General who shall be appointed or re-appointed, as the case may be, by the President in accordance with the advice of the Council of Ministers unless the President, acting in his discretion, does not agree. with that advice.
2. The Council of Ministers shall, before giving any advice under clause (1), consult with the Chairman of the Public Service Commission.
3. It is the duty of the Auditor General to audit and report on the accounts of all Government departments and offices, the Public Service Commission, the Legal Services Commission, the Supreme Court, all subordinate courts and Parliament.
4. The Auditor General shall perform any other duties and exercise any other powers in relation to the accounts of the Government and the accounts of other public authorities and other bodies that administer public funds as prescribed by or under any written law.
5. Subject to clauses (6) and (7), the Auditor General shall hold office for a period of 6 years and shall cease to hold that office at the end of that period, but without affecting his eligibility for re-appointment for further terms of 6 years each.
6. The Auditor General may at any time resign his position by writing under his hand addressed to the President.
7. The Auditor General can be dismissed from office by the President, if the President agrees with the advice of the Council of Ministers, but the Council of Ministers cannot give that advice except because of the inability of the Auditor General to perform the functions of his position (whether caused by physical or mental weakness or any other reason other) or because of misconduct and except with the consent of a tribunal consisting of the Chief Justice and 2 other Supreme Court Judges nominated for that purpose by the Chief Justice.
8. The tribunal established under clause (7) shall regulate its own procedure and may make rules for that purpose.
9. Parliament shall by resolution provide for the remuneration of the Auditor General and the remuneration so allocated shall be charged to the Consolidated Fund.
10. The remuneration and other terms of service of the Auditor General cannot be changed to the detriment of him while he continues in office.

Article 160G

1. It is the duty of the Auditor-General and the Accountant-General to inform the President of any transaction proposed by the Government which to their knowledge is likely to use the Federal Government's reserves that have not been accumulated by the Government while in office.
2. If the President has been so informed under clause (1) of any such proposed transaction, the President, acting in his discretion, may disapprove the proposed transaction.
3. If the President does not reject any proposed transaction under clause (2) even if he is of the opinion that the proposed transaction is likely to use the Federal Government's reserves that have not been accumulated by the Government in its current period. position, the President shall cause his decisions and opinions to be published in the Gazette.

Article 160H

If the President is of the opinion that certain liabilities of the Federal Government, although not requiring his approval, are likely to use Federal Government reserves that have not been accumulated by the Federal Government during his current term of office, he shall express his opinion in writing to the Council of Ministers and shall cause that opinion to be published in the Gazette.

Article 160I

1. Notwithstanding any provision in this Part, the transfer or proposed transfer (whether by or under any written law or otherwise) by the Federal Government of any of its reserves to—
   • (a) the Government company specified in Part II of the Fifth Schedule (referred to in this clause and clause (2) as the transferee company); or
   • (b) the statutory body specified in Part I of the Fifth Schedule (referred to in this clause and clause (2) as the transferee body),
   • shall not be taken into account in determining whether reserves accumulated by the Federal Government prior to his current term of office are likely to be or have been released if—
     • (i) in the case of transfer or proposed transfer of reserves by the Federal Government to the transferee company — the board of directors of the transferee company by resolution decides that the Government's reserves shall be added to the reserves accumulated by the transferee company. before the current term of office of the Federal Government; or
     • (ii) in the case of a transfer or proposed transfer of reserves by the Government to the transferee board — the transferee board by resolution decides, or any written law provides, that the Government reserves shall be added to the reserves accumulated by the transferee board before the current tenure of the Federal Government.
2. Any reserves transferred by the Federal Government together with or under any undertaking, stipulation or written law referred to in clause (1) shall be deemed to be part of the reserves accumulated by the transferee company or (according whichever is applicable) the transferee. board before the current term of office of the Federal Government as follows:
   • (a) if the Supply Bill for any financial year provides for the proposed transfer of reserves and the Supply Bill is assented to by the President — at the beginning of that financial year;
   • (b) if the Supplementary Supply Bill provides for the proposed transfer and the Bill is assent by the President — on the date of such assent by the President; or
   • (c) in any other case — on the date on which the reserve is so transferred.

FIFTEENTH CHAPTER - Local Government Organizations

Article 161

1. Local autonomous organizations shall manage their property and perform their genuine administrative duties within the framework of the ordinance and shall perform additional duties as delegated to them by law.
2. Local autonomous organizations can create their own governance rules within the framework of the ordinance.

Article 162

The organization and operation of local autonomous organizations shall be determined by law. There should be a Council Board established in each local autonomous organization. The organization and powers of the local council and the election of its members shall be determined by law.

SIXTEENTH CHAPTER - Public Services

Article 163

1. For the purpose of this Constitution, public service is -
   • (a) armed forces;
   • (b) judicial and legal services;
   • (c) the general public service of the Federation;
   • (d) the police force;
   • (e) railway services;
   • (f) joint public service referred to in Article 164;
   • (g) public service of each Territory; and
   • (h) educational services.
2. Except as expressly provided by this Constitution, the qualifications for appointment and conditions of service of persons in the public service other than those mentioned in paragraph (g) of Clause (1) may be regulated by federal law and, subject to the provisions of any- where such law, by the President; and the qualifications for appointment and conditions of service of persons in the public service of any Territory of the federated state may be regulated by the laws of the State and, subject to the provisions of any such law, by the King or Yang di-Pertua Negeri of that State.
3. (2A) Except as expressly provided by this Constitution, every person who is a member of any of the services mentioned in paragraphs (a) to (h) of Clause (1) holds office during the approval of the President, and, except as expressly provided by the Territorial Constitution, every person who is a member of the public service of a Territory holds office during the pleasure of the Governor in a non-monarchical territory or the King in a monarchical territory.
4. Public service cannot be considered to consist of -
   • (a) the position of any member of the administration in the Federation or a Territory; or
   • (b) the position of President, Speaker, Deputy President, Deputy Speaker or member of either the House of Parliament or the Territorial Assembly; or
   • (c) the position of judge of the Supreme Court or High Court; or
   • (d) the position of a member of any Commission or Council established by this Constitution or any corresponding Commission or Council established by the Constitution of a Territory; or
   • (e) any diplomatic position as determined by the President by order, i.e. a position which but for the order is a position in the general civil service of the Federation.
5. References in this Part, except in Articles 167 and 178 to people in public service or to members of any public service do not apply to:
   • (a) The Clerk of either the Parliamentary Council or any member of the Parliamentary Staff; or
   • (b) the Attorney-General or, if provisions relating to the manner of his appointment and removal from office are specifically included in the Constitution of the Territory, or if he is appointed otherwise than from among members of the judicial and legislative service or civil service of the Territory, the legal adviser of any Territory; or
   • (c) a member of the personal staff of the President or the Governor (in non-monarchical territories) or the King (in monarchical territories); or
   • (d) in the case of a dependent territory or special administrative area, if provision is made by the law of the Territory for their appointment -
     • (i) The Chairman of the Department of Religious Affairs;
     • (ii) Secretary of the Department of Religious Affairs;
     • (iii) Mufti;
     • (iv) Grand Kadi; or
     • (v) a Kadi.

Article 164

1. Joint services, common to the Federation and another Territory or, at the request of the Territory concerned, to two or more Territories, may be established by federal law.
2. If a member of any public service works:
   • (a) partly for federal purposes and partly for Territorial purposes; or
   • (b) for the purposes of two or more Territories;
   • the proportion, if any, of the remuneration paid by the Federation and the Territory or Territories concerned or, as the case may be, by each Territory concerned, shall, subject to federal law, be determined by agreement or, failing agreement, by the Commission whose jurisdiction covers it.

Article 165

1. The Federation may, at the request of a Territory, request any member of any service referred to in paragraph (a), (b), (c), (d) or (f) Clause (1) of Article 163 to the service of that Territory; and a Territory may at the request of the Federation or another Territory call any member of its own civil service into the service of the Federation or, as the case may be, of that other Territory.
2. A person seconded under this Article shall remain a member of the service to which he belongs, but his remuneration shall be paid by the Territory in whose service he is seconded or, if he is seconded into the service of the Federation, by the Federation.

Article 166

1. No member of any of the services referred to in paragraphs (b) to (h) of Clause (1) of Article 163 shall be dismissed or demoted by an authority inferior to the service which, at the time of dismissal or reduction, has the power to appoint members service of equal rank;
   • Provided that in its application to the service members mentioned in paragraph (g) Clause (1) Article 163 this Clause does not apply to any law that the legislature of any Territory, other than a dependent territory or special administrative area, may make to provide that all the powers and functions of the Public Service Commission of the Territory, other than the power of first appointment to permanent or pensionable bodies, shall be exercised by a Board appointed by the Governor of the territory: And provided further that this Clause shall not apply to cases where a member -any service mentioned in this Clause is dismissed or demoted by the authority pursuant to the authority delegated to him by the Commission to whom this Part applies, and this proviso shall be deemed to be a part of this Clause from the Phinbellan National Day.
2. No member of the service as aforesaid shall be dismissed or demoted without being given a reasonable opportunity of being heard:
   • Provided that this Clause shall not apply to the following cases -
     • (a) if a member of such service is dismissed or demoted on account of conduct in respect of which a criminal charge has been proved against him; or
     • (b) if the authority empowered to dismiss or demote a member of such service is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to carry out the requirements of this Clause: or
     • (c) if the President, or, in the case of a member of the civil service of a Territory, the Governor or King of that Territory, is satisfied that it is in the interests of the security of the State. The Federation or any part thereof is unfit to carry out the requirements of this Clause; or
     • (d) if there has been made against such a member of the service any order of detention, supervision, restricted residence, exile or expulsion, or if there has been imposed on the member any form of restriction or supervision by way of bond or otherwise, under which- any law relating to Federal security or any part thereof, crime prevention, preventive detention, restricted residence, deportation, immigration, or the protection of women and girls:
     • Provided further that for the purposes of this Article, if the service of a member of such service is terminated in the public interest under any law currently in force or under any regulation made by the Yang di-Pertuan Agong under Article 145 (2), the termination of the service does not mean dismissal whether or not the decision to terminate the service is related to misconduct or unsatisfactory performance of duties by the member in relation to his position or the consequences of the termination involve elements of punishment; and this proviso shall be deemed to have become part of this Article as a form of Phinbellan National Day.
3. No member of any of the services referred to in paragraph (c), (f) or (g) of Clause (1) of Article 163 shall, without the consent of the Judicial and Legal Services Commission, be dismissed or reduced in rank or suffer any other disciplinary action for anything done or omitted by him in the exercise of the judicial functions assigned to him by law.

Article 167

All persons of any race in the same grade in the Federal service shall, subject to the terms and conditions of their employment, be treated equally.

Article 168

1. There shall then be an Armed Forces Council, which shall be responsible under the general authority of the President for command, discipline and administration, and all other matters relating to, the armed forces, apart from matters relating to their operational use.
2. Clause (1) has effect subject to the provisions of any federal law, and any such law may provide for the vesting on the Armed Forces Council of any function relating to the armed forces.
3. The Armed Forces Council shall consist of the following members, namely-
   • (a) The Minister currently charged with responsibility for defence, who shall be the Chairman;
   • (b) one member representing His Excellency, who shall be appointed by the Presidential Council;
   • (c) Chief of Staff of the Armed Forces who shall be appointed by the President;
   • (d) civilian members, i.e. persons carrying out the duties of the Chief Secretary of Defence, who shall act as Council Secretary;
   • (e) two senior officers of the Federal Armed Forces, appointed by the President;
   • (f) a senior officer of the Federal Navy, appointed by the President;
   • (g) a senior officer of the Federal Air Force, appointed by the President;
   • (h) two, if any, additional members, whether military or civilian, appointed by the President.
4. The Armed Forces Council may act notwithstanding a vacancy in its membership and may, subject to this Constitution and federal law, make provision for all or any of the following:
   • (a) the organization of its work and the manner in which its functions will be carried out, and the keeping of records and minutes;
   • (b) the duties and responsibilities of several members of the Council, including the delegation to any member of the Council of any of his powers or duties;
   • (c) consultation of the Council with persons other than its members;
   • (d) the procedure to be followed by the Council in carrying out its business (including quorum determination), the appointment, according to its choice, of a vice-chairman from among its members, and the functions of the vice-chairman;
   • (e) any other matter deemed necessary or expedient by the Council to make provision for the better implementation of its functions.

Article 169

1. There shall be a Judicial and Legal Services Commission, whose jurisdiction shall cover all members of the judicial and legal services.
2. The Judicial and Legal Services Commission shall consist of -
   • (a) The Chairman of the Public Service Commission, who shall be the Chairman;
   • (b) the Attorney General or, if the Attorney General is a member of Parliament or appointed other than from among members of the Judicial and Legal Service, the Attorney General; and
   • (c) one or more other members who shall be appointed by the President, after consultation with the President of the Supreme Court, from among persons who have been or have been or are eligible to be judges of the Supreme Court. or the High Court or before Phinbellan National Day has been a Supreme Court or High Court or before Phinbellan National Day has been a Supreme Court judge.
3. The person who is the secretary of the Public Service Commission shall also be the secretary of the Judicial and Legal Services Commission.

Article 170

1. There shall be a Public Service Commission, whose jurisdiction shall, subject to Article 175, cover all persons who are members of the service referred to in paragraph (c), (e) and (f) Clause (1) of Article 163, apart from the Auditor General, to members of the civil service of non-monarchical territories or dependent territories, and, to the extent provided by Clause (3), to members of the civil service of any other Territory.
2. (1A) The jurisdiction of the Public Service Commission shall cover -
   • (a) Federal general public service members who work in federal departments in special administrative areas;
   • (b) members of the public service of special administrative areas seconded to the general public service of the Federation; and
   • (c) a member of the public service of a special administrative area who serves in a federal position or in any position that has become a federal position in that special administrative area and who has exercised the option to become a member of the general public service of the Federation.
3. The legislature of any territory may by law extend the jurisdiction of the Civil Service Commission to all or any persons in the public service of that Territory, but no such law shall take effect earlier than twelve months from the date of its enactment; and if at any time there is not, in any such Territory where no such law is in force, establish and exercise its functions a Territorial Civil Service of such power as may be provided in such law, and in the circumstances that, if the authority is other than the Commission, the disciplinary control that can be exercised by that authority cannot be exercised by the Commission; and no provision of such law shall be invalid by reason of inconsistency with any provision of this Part.
4. Federal law may provide for the exercise of other functions by the Police Force Commission.
5. The Police Force Commission shall consist of the following members, namely:
   • (a) The Minister who is currently charged with responsibility for the police, who shall be the Chairman;
   • (b) police officers in general command of the police force;
   • (c) the person carrying out the duties of the position of Chief Secretary of the Ministry under the Minister who is being held responsible for the police;
   • (d) a member of the Public Service Commission appointed by the President;
   • (e) not less than two or more than six other members, appointed by the President.
6. The President may designate as special positions the position of Inspector General of Police, Deputy Inspector General of Police and any other position in the police force that in his opinion is of equal or higher status; and the appointment to any position so designated shall not be made in accordance with Clause (1) but shall be made by the President on the recommendation of the Police Force Commission.
7. Before acting in accordance with Clause (5) on the recommendation of the Police Force Commission, the President shall consider the advice of the Commission, the jurisdiction of the Public Service Commission shall, if federal law so provides, extend to all members of the public service of the Territory.
8. Any extension of the jurisdiction of the Public Service Commission made by the legislature of any Territory pursuant to Clause (3) may be revoked or modified by a law passed by the legislature of that Territory.
9. The Public Service Commission shall consist of the following members appointed by the President at his discretion but after considering the advice of the Council of Ministers and after consultation with the President's Council, namely a chairman, a deputy chairman and not less than four or more than thirty other members.
10. Either the chairman or the deputy chairman shall be, and both may be, appointed from among persons who are, or have been at any time during the five years immediately preceding the date of their first appointment, members of any public service.
11. A member of any public service appointed as chairman or deputy chairman is not eligible for any further appointment in the Federal service other than as a member of the Commission to whom this Part applies.

Article 171

1. There shall be a Police Force Commission whose jurisdiction shall include all persons who are members of the police force and who, subject to the provisions of any existing law, shall be responsible for the appointment, confirmation, placement on permanent posts or pensionable establishment, promotion, the exchange and implementation of disciplinary control over members of the police force:
   • Provided that Parliament may by law provide for the exercise of such disciplinary control over all or any members of the police force in such manner and by the Council of Ministers, and may once again refer the recommendation to the Commission so that it may be reconsidered.
2. The Police Force Commission may make provisions for all or any of the following:
   • (a) the organization of its work and the manner in which its functions will be carried out, and the keeping of records and minutes;
   • (b) the duties and responsibilities of several members of the Commission, including delegation to any member of the Commission or the police force or the board of officers of that force or a committee consisting of members of the Commission and its powers. power or duty;
   • (c) consultation by the Commission with persons other than its members;
   • (d) the procedures to be followed by the Commission in conducting its business (including the establishment of a quorum), the appointment, at its option, of a vice-chairman from among its members, and the functions of the vice-chairman;
   • (e) any other matter for which the Commission considers it necessary or expedient to provide for the better performance of its functions.
3. In this Article "transfer" does not include a transfer without a change of rank in the police force.

Article 172

1. There shall be an Education Service Commission, whose jurisdiction shall, subject to Article 175, cover all persons who are members of the service referred to in paragraph (h) Clause (1) of Article 163.
2. The Education Service Commission shall consist of the following members appointed by the President at his discretion but after considering the advice of the Council of Ministers and after consultation with the President's Council, namely a Chairman, a Deputy Chairman and not less than four but not more than eight other members .
3. A member of any public service appointed as Chairman or Deputy Chairman is not eligible for any further appointment in the Federal service other than as a member of the Commission to whom this Part applies.

Article 173

1. Subject to paragraph (a) Clause (3) of Article 171, a member of any House of Parliament or Legislative Assembly of a Territory cannot be appointed as a member of the Commission to which this Part applies.
2. Subject to Clause (3), a person shall not be appointed a member of any Commission to which this Part applies if he is, and shall be dismissed by order of the President if he is a member. -
   • (a) a member of any public service;
   • (b) an officer or employee of any local authority, or any body, whether corporate or otherwise, or any body or authority established by law for public purposes;
   • (c) a member of a trade union or a body or association affiliated with a trade union.
3. (2A) In addition to any disqualification provided under Clause (2), the chairman of any Commission to whom this Part applies shall be disqualified from holding that office if after three months of his appointment to that office or at any time time thereafter he is or became a member of any board of directors or management board, or officer or employee, or engaged in the affairs or business, of any organization or body, whether corporate or otherwise, or of any business, industry or other undertaking, whether or not to receive any remuneration, reward, profit or interest therefrom:
   • 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 remuneration, reward, profit or benefit from it.
4. Clause (2) does not apply to ex officio members; and a member of any public service may be appointed to be and remain the chairman or deputy chairman and, if he is on leave before retirement, he may be appointed to be another member, of any such Commission.
5. (4A) If, during any period, the chairman of any such Commission has been granted leave of absence by the President or is unable by reason of his absence from the Federation, illness or any other reason, to relieve him. function, the deputy chairman of the Commission shall perform the chairman's function during that period, and if the deputy chairman is also absent or unable to perform that function, a member of the Commission may be appointed by the President to perform the chairman's function during that period.
6. If, during any period, a member of any such Commission has been granted leave of absence by the President or is unable, due to his absence from the Federation, illness or any other reason, to discharge his functions as a member, then -
   • (a) if he is an appointed member, the President may appoint to exercise his functions during that period any person who is eligible to be appointed in his place, and the appointment of such person shall be made in the same manner as the member whose function he exercises;
   • (b) if he is an ex officio member, any person authorized under federal law to perform the functions of his office may during that period also perform his functions as a member of the Commission.
7. A Commission to which this Part applies may act notwithstanding a vacancy in its membership, and no proceedings of such Commission shall be invalid merely by reason of a person not entitled to have taken part therein.
8. Before carrying out his functions as a member of any such Commission or under Clause (6) any person other than an ex officio member shall take and subscribe before a judge of the Supreme Court or High Court the oath of office. and allegiance specified in the Sixth Schedule.

Article 174

1. Except as provided under Clause (2) of Article 173, members of the Commission to whom this Part applies, other than ex officio members -
   • (a) shall be appointed for a period of five years or, if the President, acting in his discretion but after considering the advice of the Council of Ministers, in any particular case so determined, for such shorter period as he may determine;
   • (b) may, unless disqualified, be reappointed from time to time; and
   • (c) may at any time resign his office but shall not be removed from office except on the same grounds and in the same manner as a judge of the Supreme Court.
2. Parliament shall in accordance with the law provide for the remuneration of any member of the said Commission other than a member whose remuneration as the holder of any other position provision is made by federal law; and the emoluments so provided shall be charged to the Consolidated Fund.
3. The remuneration and other terms of office of a member of the Commission to whom this Part applies shall not be changed to his disadvantage after his appointment.

Article 175

1. Subject to the provisions of any existing law and to the provisions of this Constitution, it shall be the duty of the Commission to which this Part applies to appoint, confirm, place on permanent establishment or pension, promote, transfer and exercise disciplinary control over members of the service or services under its jurisdiction.
2. Federal law may provide for the exercise of other functions by any such Commission.
3. The President may designate as a special position any position held by the head or deputy head of the department or by an officer who in his opinion has a similar status and no appointment to any such designated position may be made. in accordance with Clause (1) but shall be made by the President on the recommendation of the Commission whose jurisdiction covers the service in which the position is held.
4. The Governor or King of a Territory may designate as a special position any post in the public service of his Territory held by the head or deputy head of a department or by an officer of similar rank in his opinion. : and appointments to any post so designated shall not be made in accordance with Clause (1) but shall be made by the Governor or the King on the recommendation of the Public Service Commission (or, if any in the Territory). Territorial Public Service Commission, on the recommendation of the Commission).
5. Before acting, in accordance with Clause (3) or (4), on the recommendation of the Commission mentioned therein -
   • (a) The President shall consider the advice of the Council of Ministers; and
   • (b) The Governor or King shall consider the advice of the Chief Minister of his Territory,
   • and may refer the recommendation back to the Commission so that it can be reconsidered.
6. (5A) Except as provided in Clause (5B), federal law and, subject to the provisions of any such law, regulations made by the President may, notwithstanding the provisions of Clause (1) of Article 148, provide for the performance by any officer in the service to whom the jurisdiction of the Commission to whom this Part applies extends, or by any board of such officers, of any function of the Commission under Clause (1):
   • Provided -
     • (a) no such law or regulation shall provide for the exercise of any officer or board of such officers any power of first appointment to a permanent or pensionable establishment, or any power of promotion (other than promotion to an acting post); and
     • (b) any person aggrieved by the exercise of any power of disciplinary control by any officer or board of such officers may appeal to the Commission at any time and in such manner as may be prescribed by any law- such law or regulation, and the Commission may make such order thereon as it thinks just.
7. (5B)
   • (i) Notwithstanding the provisions of Clause (1) of Article 166 and Article 170 and Article 172, all powers and functions of the Public Service Commission or the Education Service Commission established under Article 166 and Article 172, other than the first power of appointment to a permanent establishment or pensionable, can be implemented by a board appointed by the President.
   • (ii) Any person aggrieved by the exercise of any of the powers or functions mentioned above by the board may appeal to the Appellate Board appointed by the President.
   • (iii) The President may through regulations make provision for matters related to the appointment of members, and the procedures to be followed by, the board or Appeal Board under this Clause.
   • (iv) If the President has appointed a board under paragraph (i) of this Clause for the purpose of exercising any power or function mentioned under that paragraph, that power or function shall as long as it remains a power or function to be exercised by the board, can no longer be implemented by the Commission.
8. The Commission to whom this Part applies may delegate to any officer in the service whose jurisdiction it covers, or to any board of officers appointed by it, any of its functions under Clause (1) in respect of any grade of service, and the officer or board shall carry out the said function under the direction and control of the Commission.
9. (8A) In respect of members of the general public service of the Federation employed in posts ancillary to the armed forces or any of them or police forces, or in respect of any grade of members of such service so employed. , the functions of the Public Service Commission may, under Clause (5A) or (8), be exercised by an officer or board of officers of the armed forces or the police force, as the case may be, as if he or they were members. general public service of the Federation.
10. In this Article "transfer" does not include a transfer without a change of rank in a Government department.
11. A Commission to which this Part applies may, subject to the provisions of this Constitution and federal law, make rules regulating its procedure and specifying the number of its members which shall constitute a quorum.

Article 176

1. The President shall, on the advice of the Council of Ministers, appoint a person qualified to be a judge of the Supreme Court to be the Attorney General for the Federation.
2. It is the duty of the Attorney General to advise the President or the Cabinet or any Minister on such legal matters, and to perform any other duties of a legal nature, as may from time to time be referred to. or assigned to him by the President or the Cabinet, and to perform the functions assigned to him by or under this Constitution or any other written law.
3. The Attorney General shall have the power, exercisable at his discretion, to initiate, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a military court.
4. In performing his duties the Attorney General shall have the right to be heard, in, and shall be preferred over any other person appearing before, any court or tribunal in the Federation.
5. Subject to Clause (6), the Attorney General shall hold office while approved by the President and may at any time resign his office and, unless he is a member of the Council of Ministers, shall receive such remuneration as the President may determine.
6. The person who holds the office of Attorney General immediately before the commencement of this Article shall continue to hold that office on terms and conditions less favorable than those applicable to him immediately before the commencement of this Article and shall not be dismissed. from office except on the same grounds and in the same manner as a judge of the Supreme Court.

Article 177

1. Every Commission to which this Part applies shall make an annual report on its activities to the President and a copy of the report shall be laid before both Houses of Parliament.
2. The Public Service Commission shall send a copy of every report made under this Article to the Governor or King of each Territory to the members of the public service whose jurisdiction it covers, and the Governor or King shall lay it before the Territorial Legislature.

Article 178

1. The law applicable to any pension, gratuity or other similar allowance (in this Article referred to as "award") granted to a member of any public service, or to his widow, child, dependent or personal representative, shall prevail in force on the relevant day or any later law which is not less favorable to the person to whom the award is made.
2. For the purpose of this Article the relevant day is -
   • (a) in relation to an award made before Phinbellan National Day, the date on which the award was made;
   • (b) in relation to an award made after Phinbellan National Day to or in respect of any person who was a member of any public service before Phinbellan National Day, the twentieth day of December, twenty six hundred and twelve;
   • (c) in relation to an award made to or in respect of any person who first became a member of any public service on or after Independence Day, the date on which he first became such a member.
3. For the purposes of this Article, if the law applicable to an award depends on the choice of the person to whom the award is made, the law chosen by him shall be deemed to be more favorable to him than any other law he may choose.

Article 179

1. References in this Constitution to Commissions to which this Part applies are, unless the context otherwise requires, references to any Commission established under Articles 169 to 172.
2. In this Part "ex officio member" includes a Minister and a judge of the Supreme Court or High Court and "Territory Public Service Commission" means, in relation to any Territory, a Commission exercising functions in respect of members of the Territorial public service and equivalent in status and area authority of the Public Service Commission.

SEVENTEENTH CHAPTER - Official Language

Article 180

1. The official language of the Federation shall be the Phineaner language.
2. The national languages of the Federation shall be Phineaner, Taesongean, Afrikaans and Romansh.
3. The Phineaner language should be written in Rumi and Jawi script.
4. The Taesongean language should be written in Hangeul and Hanja.
5. The number form that will be used for official purposes of the Federation is the international form of Phineaner numeral.
6. Notwithstanding anything in clause (1), for a period of fifteen years from the commencement of this Constitution, the Istvanistani language shall continue to be used for all official purposes of the Federation for which it was used immediately before the commencement of this Constitution: Provided
   • that the President may, during such period, by order authorize the use of the Phineaner and Taesongean languages in addition to the Istvanistani language and the Arboric numerals in addition to the international numerals for any official purpose of the Federation.
7. Notwithstanding anything in this article, Parliament may by law provide for the use, after the said period of fifteen years, -
   • Istvanistani language, or
   • Arboric numeral form,
   • for any purpose as stated in the law.

Article 181

1. The President shall, at the expiration of five years from the commencement of this Constitution and thereafter at the expiration of ten years from that commencement, by order form a Commission which shall consist of a Chairman and other members representing the different languages specified in the Schedule Eighth as determined by the President, and the order shall define the procedure to be followed by the Commission.
2. It is the duty of the Commission to make recommendations to the President on -
   • the progressive use of the Phineaner language for official purposes of the Federation;
   • restrictions on the use of the English language for all or any official purposes of the Union;
   • the language to be used for all or any of the purposes mentioned in article 185;
   • the form of figures to be used for any one or more specific purposes of the Federation;
   • any other matter referred to the Commission by the President regarding the official language of the Federation and the language for communication between the Federation and the Territories or between one Territory and another and its use.
3. In making their recommendations under clause (2), the Commission shall take into account the industrial, cultural and scientific progress of Phinbella, and the just claims and interests of people belonging to non-Phineaner speaking areas in respect of public services.
4. Then a Committee should be established consisting of thirty members, of which twenty should be members of the House of Majilis and ten should be members of the Territorial Council to be elected respectively by the members of the House of Majilis and the members of the House of Majilis. The Council of Territories follows a system of proportional representation through a single transferable vote.
5. It is the duty of the Committee to examine the recommendations of the Commission established under clause (1) and report to the President their opinion thereon.
6. Notwithstanding anything in article 180, the President may, after considering the report referred to in clause (5), issue directions in respect of the whole or any part of the report.

Article 182

Subject to the provisions of articles 183 and 184, the Legislature of a Territory may by law adopt any one or more languages used in the Territory or Phineaner as the Language or Languages to be used for all or any of the official purposes of the Territory; Provided that, until the Territorial Legislature otherwise provides by law, the Istvanistani language shall continue to be used for official purposes in the Territory for which it was used immediately before the commencement of this Constitution.

Article 183

The languages currently permitted to be used in the Federation for official purposes shall be the official languages of communication between one Territory and another and between the Territories and the Federation:

Provided that if two or more Territories agree that the Phineanian language should be the official language of communication between those Territories, that language may be used for such communication.

Article 184

On a request made in that behalf, the President may, if he is satisfied that the majority of the population of a Territory desire the use of any language spoken by them to be recognized by that state, direct that that language shall also be officially recognized throughout that Territory or any part thereof for any purpose determined by him.

Article 185

1. Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides—
   • a) all proceedings in the Supreme Court and in every High Court,
   • b) authoritative text—
     • of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or any Legislature of a Territory.
     • of all Acts passed by the Parliament or Legislature of a Territory and all Ordinances promulgated by the President or Governor (or King) of a Territory, and
     • of all orders, rules, regulations and by-laws issued under this Constitution or under any law made by Parliament or the Legislature of a Territory,
   • should be in the Phineaner language.
2. Notwithstanding anything in sub-clause (a) of clause (1), the Governor or King of a Territory may, with the previous consent of the President, authorize the use of the Phineaner language, or any other language used for any official purpose of the Territory., in proceedings in the High Court having its principal seat in that Territory:
   • Provided that nothing in this clause shall apply to any judgment, decree or order passed or made by such High Court.
3. Notwithstanding anything in sub-clause (b) of clause (1), if the Legislature of a State has prescribed any language other than English to be used in a Bill introduced in, or an Act passed by, a Territorial Legislature or in an Ordinance promulgated by the Governor of the Territory or in any order, rule, regulation or by-law referred to in paragraph (iii) of that sub-clause, the English translation thereof published under the authority of the Governor of the Territory in the Official Gazette of the Territory shall be deemed to be the authoritative text thereof in Phineaner below this article.

Article 186

Within fifteen years from the commencement of this Constitution, no Bill or amendment making provision for the language to be used for any of the purposes mentioned in clause (1) of article 185 may be introduced or moved in any House of Parliament without the previous permission of the President, and the President shall not give his sanction to the introduction of any such Bill or move any such amendment except after he has taken into account the recommendations of the Commission established under clause (1) of article 181 and the report of the Committee constituted under clause (4) of the article.

Article 187

Every person has the right to make a representation to redress any grievance to any officer or authority of the Federation or Territory in any language used in the Federation or in the Territory, as the case may be.

Article 187A

It is the endeavor of each Territory and each local authority within the Territory to provide adequate facilities for instruction in the mother tongue at the primary level of education to children belonging to linguistic minority groups and the President may issue such instructions to any Territory. as it deems necessary or appropriate to ensure the provision of said facilities.

Article 187B

1. There should be a Special Officer for linguistic minorities to be appointed by the President.
2. It shall be the duty of the Special Officer to investigate all matters relating to the protection provided for linguistic minorities under this Constitution and to report to the President on such matters at such times as the President may direct, and the President shall cause all such reports to be laid before every House of Parliament, and sent to the Territorial Government concerned.

Article 188

It is the duty of the Federation to promote the spread of the Phineaner language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without disturbing its genius, the forms, styles and expressions used in the Phineaner language and in other national languages which specified in the Eighth Schedule, and by drawing, where necessary or desired, for vocabulary, especially in foreign languages.

EIGHTEENTH CHAPTER - General Provisions

Article 189

1. It is the Government's responsibility to always look after the interests of race and religion in Phinbella.
2. The Government shall carry out its functions in any way to recognize the special position of the Phineaners, who are one of the bumiputera and are the majority group in Phinbella, and thus it shall be the responsibility of the Government to preserve, protect, support, nurture and advance the political, educational, religious, economic interests, social and cultural and their Phineaner language.
3. Other Bumiputera tribes such as Aborigines (Proto-Phineaner, Senoi and Negrito), Sam-Sam Laut, Sug, Bajau Samah (Tenpasuku), Kadazan-Dusun-Budu, Bisaya, Murut, Tyudong, Lun Bawang or Lun Dayeh, Dayak Laut (Iban), Dayak Darat (Bidayeh), Kadayan, Xiangi and Siamese, Anak Dagang groups such as Javanese, Sundanese, Minangkabau (Eldian or Mink), Madurese, Bawean, Batak Karo/Toba, Mandailing, Balinese, Bugis, Makassarese, Hulontaloan, Banjarese, Tabuese and Moluccans should be protected and given special position like and equal to Phineaners. The government should be responsible for preserving, protecting, supporting, fostering and advancing the political, educational, religious, economic, social and cultural interests of their mother tongue.
4. Minorities will be the Government's responsibility to be given the best treatment as stated in article 7.

Article 190

1. The Legislature shall by law make provisions to regulate Umraism religious affairs and to establish a Council to advise the President on matters related to Umraism.
2. In each Territory having a King, the King's position as the Head of the Umraism in his Territory in the manner and to the extent recognized and declared by the Constitution, all rights, privileges, prerogatives and powers enjoyed by him as the Head of that religion, are unaffected and unaffected; but in any act, observance or ceremony in respect of which the Council of Rulers has agreed that they should be extended to the Federation as a whole, every other Ruler shall in his capacity Head of the Umraism authorize the Head of the Council of Rulers to represent him.
3. Nothing in this Article detracts from any other provision of this Constitution.

Article 191

Subject to the provisions of this Constitution, all persons of any race in the same grade of Government service shall, subject to the terms and conditions of their employment, be treated equally.

Article 191A

The President, acting in his discretion, may by order published in the Gazette exempt any transaction or class of transactions, from the application of Article 155.

Article 192

1. Until Parliament determines otherwise, the municipality of Negara Awan which has been renovated since 2613 shall become the federal capital since 8 August 2616.
2. Previously, the federal capital was located in municipality of Bandar Baru Fatin from December 20, 2612 to August 7, 2616. The status of this city was made as "Free City" effective August 8, 2616.
3. Notwithstanding anything contained in Part VI, Parliament shall have the exclusive power to make laws in respect of the boundaries of the federal capital.

Article 193

If the land, building, or inheritance is occupied for public purposes by or on behalf of the Federation, a Territory or a public authority, the Federation, Territory of the public authority shall be liable to pay the local rate in respect thereof but shall assist. of the rate make any contribution in respect thereof as agreed between the Federation, Territorial of public authorities as the case may be, and the authority imposing the rate or who may in default of agreement be determined by a tribunal consisting of the chairman of the Land Tribunal, who will preside, and two other members each of whom the party concerned shall appoint one.

Article 194

Subject to any provisions of Territorial Law, arrangements may be made between any two Territories for the performance of any functions by the authorities of the one on behalf of the authorities of the other, and such arrangements may provide for the making of payments in respect of any costs incurred under the arrangements.

NINETEENTH CHAPTER - Central Bank

Article 195

There will be a Phinbellan National Central Bank, which will be the sole authority for issuing currency and for monetary policy throughout the Federal Republic of Phinbella, including special administrative regions and dependent territories.

1. The responsibilities of the Central Bank will be determined by Parliament. For the first six years after the coming into force of this Constitution, however, it may not grant credit by coining money, operating in this respect as a currency board; after that, the House of Parliament can give him that power.
2. The first Administrative Board of the Central Bank shall consist of a Governor appointed by the Council of Ministers, after consultation with the President, and seven members appointed by the President, one from Phinbellan, four from special administrative areas and two from condominiums of Tanah Tōnán'hyôrï and Oystra Stoorskerið, all of whom will served for four years. The Governor, who is not a citizen of Phinbella or any neighboring state, may cast a tie-breaking vote on the Board of Governors.
3. Thereafter, the Governing Board of Phinbellan Central Bank shall consist of five persons appointed by the President for a period of four years. The Board shall appoint, from among its members, a Governor for a term of four years.
4. Phinbellan National Central Bank issues legal tender in Phinbella only, while the currency of the Holy Lakes Order becomes legal tender in all realms including Phinbella.

TWENTIETH CHAPTER - Emergency Provisions

Article 196

1. If an Act mentions that action has been taken or threatened by any large body of persons, whether inside or outside Phinbella —
   • (a) to cause, or cause a large number of people to fear, organized violence against persons or property;
   • (b) to cause disaffection against the President or the Government;
   • (c) to promote feelings of ill-will and enmity between different races or other classes of the population which may cause violence;
   • (d) to obtain the alteration, other than by lawful means, of anything prescribed by law; or
   • (e) which is detrimental to the safety of Phinbella,
   • any provision of law designed to stop or prevent such action or any amendment to that law or any provision in any law enacted under clause (3) shall be valid even if it is not consistent with Article 20, 24, 25, 27 or 28, or would, apart from this Article, be outside the legislative power of Parliament.
2. A law containing readings as mentioned in clause (1) shall, if not repealed first, cease to have effect if a resolution is passed by Parliament repealing the law, but without prejudice to anything done previously pursuant to his authority or to the authority of Parliament to make new laws under this Article.
3. If, in respect of any proceedings whether commenced before or after 16 November 2610 i.e. during the provisional government, any question arises in any court about the validity of any decision made or act done pursuant to what -what powers are given to the President or the Minister by any law mentioned in this Article, the question shall be determined in accordance with the provisions of any law as may be enacted by Parliament for this purpose; and nothing in the Seventh Chapter shall abrogate any law enacted pursuant to this clause.

Article 197

1. (1) If the President is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect.
2. (2) A Proclamation of Emergency under Clause (1) may be issued before the actual occurrence of the event which threatens the security, or the economic life, or public order in the Federation or any part thereof if the President is satisfied that there is imminent danger of the occurrence of such an event.
3. (2A) The power conferred on the President by this Article shall include the power to issue different Proclamations on different grounds or in different circumstances, whether or not there is a Proclamation or Proclamations already issued by the President under Clause (1) and such Proclamation or Proclamations are in operation.
4. (2B) If at any time while a Proclamation of Emergency is in operation, except when both Houses of Parliament are sitting concurrently, the President is satisfied that certain circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as circumstances appear to him to require.
5. (2C) An ordinance promulgated under Clause (2B) shall have the same force and effect as an Act of Parliament, and shall continue in full force and effect as if it is an Act of Parliament until it is revoked or annulled under Clause (3 ) or until it lapses under Clause (7); and the power of the President to promulgate ordinances under Clause (2B) may be exercised in relation to any matter with respect to which Parliament has power to make laws regardless of the legislative or other procedures required to be followed, or the proportion of the total votes required to be limited, in either House of Parliament.
6. (3) A Proclamation of Emergency and any ordinance promulgated under Clause (2B) shall be laid before both Houses of Parliament and, if not sooner revoked, shall cease to have effect if resolutions are passed by both Houses annulling such Proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the President to issue a new Proclamation under Clause (1) or promulgate any ordinance under Clause (2B).
7. (4) While a Proclamation of Emergency is in force the executive authority of the Federation shall, notwithstanding anything in this Constitution, extent to any matter within the legislative authority of a State and to the giving of directions to the Government of a State or to any officer or authority thereof.
8. (5) Subject to Clause (6A), while a Proclamation of Emergency is in force, Parliament may, notwithstanding anything in this Constitution make a law in respect of any matter, if it appears to Parliament that the law required by reason of emergency; and Article 122 shall not apply to a Bill for such a law or an amendment to such a Bill, nor to any provision of this Constitution or any written law which requires any assent or consent to pass a law or any consultation relating to it, or which restricts the enforcement of a law after it has been passed or the presentation of a Bill to the President for His Excellency's assent.
9. (6) Subject to Clause (6A), no provision of any ordinance promulgated under this Article, and no provision of any Act of Parliament passed while the Proclamation of Emergency is in force and which declares that the law is viewed by Parliament as required by reason of emergency, is invalid on the grounds of inconsistency with any provision of this Constitution.
10. (6A) Clause (5) cannot extend the power of Parliament in respect of any matter of Umraism law or custom of the Phineanese people, or in respect of any matter of Bumiputera law or custom; Clause (6) shall also not confirm any provision inconsistent with the provisions of this Constitution relating to any such matter or relating to religion, nationality, or language.
11. (7) On the expiry of a period of six months commencing with the date of the Proclamation of Emergency cease to have effect, any ordinance promulgated pursuant to the Proclamation and, in so far as it could not have been validly made but for this Article any law made during the Proclamation that is in effect, shall cease to be in effect, except for things done or omitted from being done before the expiration of that period.
12. (8) Notwithstanding anything in this Constitution-
    • (a) the satisfaction of the President referred to in Clause (1) and Clause (2B) shall be final and conclusive and shall not be challenged or questioned in any court on any grounds whatsoever; and
    • (b) no court shall have jurisdiction to entertain or determine any application, question or proceeding, in any form whatsoever, on any ground whatsoever, as to the validity of-
      • (i) The declaration under Clause (1) or the declaration made in the Declaration has the effect specified in Clause (1);
      • (ii) the continued operation of the Proclamation;
      • (iii) any ordinance promulgated under Clause (2B); or
      • (iv) the continuance in force of any such ordinance.
13. (9) For the purposes of this Article, the Houses of Parliament shall be considered to be in session only if the members of each House meet together and conduct the affairs of the House.

Article 198

1. If any law or ordinance made or promulgated pursuant to this Part provides for preventive detention —
   • (a) the authority by whose order any person is detained under that law or ordinance shall, as soon as possible, inform him of the grounds for his detention and, subject to clause (3), the alleged facts on which the order is made. based on, and shall give him an opportunity to make representations against the order as soon as possible; and
   • (b) no citizen of Phinbella shall be detained under that law or ordinance for a period exceeding 3 months unless the advisory board established as referred to in clause (2) has considered any representation made by him under paragraph (a) and make recommendations about it to the President.
2. An advisory board established for the purpose of this Article shall consist of a chairman, who shall be appointed by the President and who shall be or has been, or is eligible to be, a Supreme Court Judge, and 2 other persons. members, who shall be appointed by the President after consultation with the Chief Justice.
3. This article does not require any authority to disclose facts the disclosure of which, in its opinion, would be against the national interest.
4. If an advisory board established for the purpose of this Article recommends the release of any person under any law or ordinance made or promulgated pursuant to this Part, that person shall not be detained or further detained without the consent of the President if the recommendation the advisory board is not accepted by the authority on whose advice or order the person is detained.

Article 198A

1. Public Officers Act Sections 2 (7) and 4 (6), and items 160G (2) and (3) and 160H do not apply to any defense and security measures.
2. For the purposes of clause (1), defense and security measures means any liability or proposed transaction that the Council of Ministers and other Ministers are responsible for defending, on the recommendation of the Permanent Secretary of the Ministry of Defense and the Chief of the Defense Force, which is certified as necessary for the defense and security of Phinbella, and any certificate under the hands of the Council of Ministers and the Minister responsible for defense shall be conclusive evidence of the matters stated therein.

TWENTY-FIRST CHAPTER - Amendment of the Constitution

Article 199

1. Motions to amend the Constitution must be submitted either by the Chairman of the Council of Ministers or by one-third or more of the duly elected and seated members of the House of Majilis (previously PLFA).
2. Proposed amendments to the Constitution must be announced by the Chairman of the Council of Ministers to the public.
3. The period for the announcement as stipulated in the paragraph above shall not be less than 30 days.
4. Decisions on constitutional amendments require the consent of more than two-thirds of the duly elected and seated members of the House of Majilis.
5. When an amendment to the Constitution has been adopted, the President shall announce it immediately.

Article 200

1. Notwithstanding anything in this Constitution, Parliament may in exercising its constituent powers amend by way of adding, changing or repealing any provision of this Constitution in accordance with the procedure set out in this matter.
2. An amendment of this Constitution may be instituted only by the introduction of a Bill for that purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total number of members of that House and by a majority of not less than two-thirds from the members of the House who are present and vote, it shall be submitted to the President who will give his consent to the Bill and after that the Constitution shall be amended in accordance with the terms of the Bill:
   • Provided that if the amendment is intended to make any change in
   • (a) article 39, article 40, article 49, article 106 or article 133, or
   • (b) Chapter 8, Chapter 9, or Chapter 10, or
   • (c) any List in the Seventh Schedule, or
   • (d) Territorial representation in Parliament, or
   • (e) the provision of this matter, the amendment shall also require to be ratified by the Legislature of not less than half of the Territories through a resolution approved by the Legislature before the Bill making provision for the amendment is submitted to the President for approval.
3. Nothing in article 20 shall apply to any amendment made under this article.
4. No amendment to this Constitution (including the provisions of Part III) made or purported to have been made under this matter either before or after the commencement of section 34 of the Constitution (First Amendment) Act, 2619 shall be invoked. questioned in any court for any reason.
5. For the avoidance of doubt, it is hereby declared that there shall be no limitation whatsoever on the power of the constituent Parliament to amend by way of addition, alteration or repeal of the provisions of this Constitution under this article.

TWENTY-SECOND CHAPTER - Supplementary Rules

Article 201

This Constitution shall come into force from the date it is declared as such by the Speaker of the House of Majilis that established this Constitution. However, the provisions which can be enforced only after the enactment of additional laws shall take effect from the date of the entry into force of said additional laws.

Article 202

Existing ordinances shall be in force to the extent that they are not inconsistent with this Constitution.

Article 203

The Parliament that drafted this Constitution may establish special laws relating to the punishment of malicious anti-national acts committed before 20 December 2612.

Article 204

The Government officers holding office on the effective date of this Constitution shall continue their duties until such time as their successors are elected or appointed in accordance with this Constitution.

Article 205

1. Government officials holding office on the effective date of the amendment of this Constitution shall continue to hold office until such time as their successors are elected or appointed as provided for in this Constitution.
2. The Speaker of the Parliament of the Federal Republic of Phinbella hereby declares the amendment of the Constitution of the Federal Republic of Phinbella which was established and established by the Parliament of the Federal Republic of Phinbella on 1 October 2619.

TWENTY-THIRD CHAPTER - Temporary, transitional and special provisions

Article 206

Notwithstanding anything contained in this Constitution, Parliament shall, within five years from the commencement of this Constitution, have power to make laws in respect of the following matters as if they were mentioned in the Concurrent List, namely:

• (a) trade and commerce within a Territory in, and the production, supply and distribution of, cotton and woolen textiles, raw cotton (including ginned cotton and non-cotton or cotton), cotton seed, paper (including newsprint), foodstuffs ( including oilseeds and edible oils), cattle feed (including oil cakes and other concentrates), coal (including coke and coal derivatives), iron, steel and mica;
• (b) offenses against the law in respect of any matter mentioned in clause (a), the jurisdiction and powers of all courts except the Supreme Court in respect of any such matter, and payment in respect of any such matter but not including fees taken in any court; but any law made by Parliament, which Parliament would not have made unless the provisions of this matter had been competent to be made, shall, to the extent of that incompetence, cease to have effect at the expiration of that period, except in respect of matters made.

Article 207

1. Notwithstanding the repeal by this Constitution of the enactment referred to in article 218 but subject to the other provisions of this Constitution, all laws in force in the territory of Phinbella immediately before the commencement of this Constitution shall continue in force therein until altered or repealed or amended by the Competent legislation or other competent authority.
2. For the purpose of harmonizing the provisions of any law in force in the province of Phinbella in accordance with the provisions of this Constitution, the President may by order make adjustments and modifications to the law, whether through repeal or amendment., as necessary or expedient, and providing that the law shall, from the date specified in the order, come into force subject to the adaptations and modifications so made, and that any such adaptations or modifications shall not be questioned in any Court of law.
3. Nothing in clause (2) shall be construed
   • (a) to empower the President to make any adaptation or modification of any law after the expiry of three years from the commencement of this Constitution; or
   • (b) to prevent any competent Legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause.

Explanation I. —The expression “law in force” in this article shall include a law passed or made by the Legislature or other competent authority in the province of Phinbella before the commencement of this Constitution and not previously repealed, even if it or some of them may not operate either at all or in certain areas.

Explanation II. —Any law passed or made by the Legislature or other competent authority in the province of Phinbella which immediately before the commencement of this Constitution has extra-territorial effect and is in force in the territory of India shall, subject to any such adaptation. and modifications as mentioned above, continue to have extraterritorial effects.

Explanation III. —Nothing in this article shall be construed as continuing any temporary law in force beyond the date fixed for its expiration or the date it would have expired had this Constitution not been in force.

Explanation IV. —An Ordinance promulgated by the Governor of a Territory under section 88 of the Phinbellan Government Act, 2600, and in force immediately before the commencement of this Constitution shall, unless previously revoked by the Governor of the same Territory, cease to operate at the expiration of six weeks from the meeting first after the commencement of that Territorial Legislature functioning under clause (1) of article 94 (2612 Constitution), and nothing in this matter shall be construed as continuing any such Ordinance in force beyond that period.

Article 207A

1. For the purpose of bringing the provisions of any law in force in Phinbella or in any part thereof, immediately before the commencement of the Constitution (First Amendment) Act, 2619, in accordance with the provisions of this Constitution as amended thereby. Act, the President may by order made before the first day of November, 2619 or 2620, make adaptations and modifications of the law, either by repeal or amendment, as may be necessary or expedient, and provide that the law shall, from the date as specified in the order, shall come into force subject to the adaptations and modifications so made, and any such adaptations or modifications shall not be called into question in any court of law.
2. Nothing in clause (1) shall be deemed to prevent the competent Legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause.

Article 208

Until provision is made by Parliament under clause (7) of article 24A, or until the expiry of one year from the commencement of this Constitution, whichever is earlier, the said matter shall have effect as if for any reference to Parliament in clause (4) and (7) thereof substituted a reference to the President and for any reference to any law made by Parliament in those clauses substituted a reference to an order made by the President.

Article 209

1. The Judges of the Federal Court who hold office immediately before this Constitution comes into force shall, unless they have elected otherwise, be Judges of the Supreme Court at that commencement and shall thereafter be entitled to such salaries and allowances and such rights in respect of rest leave and pension as provided under article 99 in relation to Supreme Court Judges.
2. All suits, appeals and proceedings, civil or criminal, pending in the Federal Court at the commencement of this Constitution shall be referred to the Supreme Court, and the Supreme Court shall have jurisdiction to hear and decide the same, and judgment. and orders of the Federal Court delivered or made before the coming into force of this Constitution shall have the same force and effect as if they had been delivered or made by the Supreme Court.
3. Nothing in this Constitution shall operate to abrogate the exercise of jurisdiction by His Excellency in Council to dispose of appeals and petitions from, or in respect of, any judgment, decree or order of any court within the province of Phinbella heretofore. for the exercise of such jurisdiction is authorized by law, and any order of His Excellency in Council made on any such appeal or petition after the commencement of this Constitution shall for all purposes have effect as if it were an order or decree which made by the Most High. The Court in carrying out the jurisdiction given to the said Court by this Constitution.
4. On and from the commencement of this Constitution the jurisdiction of the authority functioning as a Privy Council in a Territory specified in Part B of the First Schedule to hear and dispose of appeals and petitions from or in respect of any judgment, decree or order of any court in the Territory that shall cease, and all appeals and other proceedings pending before that authority at that commencement shall be transferred to, and disposed of by, the Supreme Court.
5. Further provisions may be made by Parliament through legislation to enforce the provisions of this matter.

Article 210

All courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judiciary, executive and ministers, throughout the province of Phinbella, shall continue to exercise their respective functions subject to the provisions of this Constitution.

Article 211

1. Judges of the High Court in any Territory holding office immediately before the commencement of this Constitution shall, unless they have otherwise elected, be Judges of the High Court at first in the corresponding Territory, and shall thereafter be entitled to such salaries and allowances and to any rights in respect of rest leave and pension as provided under article 99 in respect of the High Court Judge. Any such Judge shall, even if he is not a citizen of Phinbella (or of Forajasakian citizenship), be eligible to be appointed as Chief Justice of the said High Court, or as Chief Justice or other Judge of any other High Court.
2. The Judges of the High Court in any of the Phinbella Territories corresponding to any of the Territories specified in Part B of the First Schedule who held office immediately before the commencement of this Constitution shall, unless they have otherwise elected, be Judges at the commencement. The High Court in the Territory so specified and shall, continue to hold office until the expiry of such term as the President may by order determine.
3. In this article, the expression "Judge" does not include acting Judges or additional Judges.

Article 212

The Auditor-General of Phinbella (ie who heads the Audit Board) who held office immediately before the commencement of this Constitution shall, unless he has elected otherwise, be the Comptroller and Auditor-General of Phinbella at such commencement and shall thereafter be entitled to such salary and rights in respect of leave and pension as provided under clause (3) of article 160F in respect of the Comptroller and Auditor General of Phinbella and is entitled to continue to hold office until the end of his term of office as determined under the provisions applicable to him immediately before such commencement.

Article 213

1. The members of the Public Service Commission for the Provisional Government of Phinbella who held office immediately before the commencement of this Constitution shall, unless they have elected otherwise, be members of the Public Service Commission for the Union at the commencement of that power and shall, notwithstanding. anything in clauses (1) and (3) of article 170 but subject to the proviso to clause (3) of that article, continue to hold office until the end of their term of office as determined under the rules applicable immediately before that. initiation to the member.
2. Members of the Public Service Commission of a District or Public Service Commission meeting the requirements of a group of Territories holding office immediately before this Constitution comes into force shall, unless they have elected otherwise, become members at the commencement of that. The Public Service Commission of the corresponding Territory or a member of the Joint Territorial Public Service Commission who meets the requirements of the corresponding Territory, as the case may be, and shall, notwithstanding clauses (1) and (3) of article 170 but subject to the proviso to clause (3) of the article, continue to hold office until the end of their term of office as determined under the applicable rules immediately before the commencement of the authority for the said member.

Article 214

1. The President may, for the purpose of removing any inconvenience, particularly in relation to the transition from the provisions of the Phinbella Government Act, 2600, to the provisions of this Constitution, by order directing that this Constitution shall, at that time. period as specified in the order, in force subject to such adjustments, whether by way of modification, addition or omission, as he may think necessary or expedient:
   • Provided that no such order shall be made after the first meeting of Parliament duly constituted under Chapter II of Part V.
2. Every order made under clause (1) shall be laid before Parliament.

TWENTY-FOURTH CHAPTER - Saving the Rulers' Sovereignty, etc.

Article 215

1. Subject to the provisions of this Constitution, the sovereignty, prerogatives, powers and jurisdiction of the Kings of a monarchical Territory and the prerogatives, powers and jurisdiction of the Reigning Drusselstein Grands in their respective territories as heretofore existing and enjoyed shall remain unaffected .
2. No proceedings shall be brought in any court against the King of a monarchical Territory in his personal capacity.

TWENTY-FIFTH CHAPTER - Short title, date of commencement, authoritative text in Phineaner and repeals

Article 216

This Constitution may be called the Constitution of Phinbella.

Article 217

The most important items in this Constitution shall come into force immediately, and the remaining provisions in this Constitution shall come into effect on the first day of October, the nineteenth Phinbellan year (RP 2619) corresponding to the year 2023 AD, the day mentioned in this Constitution as the commencement of this Constitution.

Article 217A

1. The President shall cause to be published under his authority,
   • (a) a translation of this Constitution in the Phineaner or Taesongean language, signed by the members of the Constituent Assembly, with such modifications as may be necessary to bring it into conformity with the language, style and terminology adopted in the authoritative text of the Central Act in the Phineaner language or Taesongean, and incorporate therein all amendments to this Constitution made prior to said publication; and
   • (b) a translation in the Phineaner or Taesongean language of each amendment to this Constitution made in the Istvanistani language.
2. The translation of this Constitution and each of its amendments published under clause (1) shall be interpreted to have the same meaning as the original and if any difficulty arises in interpreting any part of the translation, the President shall cause the same to be reviewed accordingly.
3. The translation of this Constitution and each amendment thereof published under this article shall be deemed, for all purposes, to be the authoritative text thereof in the Phineaner or Taesongean language.

Article 218

The Federal Republic of Phinbella Establishment Act, 2612, and the Government of Phinbella Act, 2600, together with all enactments amending or supplementing the latter Act, but excluding the Repeal of the Privy Council Jurisdiction Act, 2613, are hereby repealed.