Constitution of Phinbella/Constitution of Phinbella 2023

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Bismillahirahmanirrahim,

We, the Phinbellans, with a glorious tradition and history since time immemorial, follow an unwavering spirit of independence, as shown in the establishment of the Federal Republic of Phinbella in the course of the Phinbella sovereignty movement and the cause of the Provisional Government of Phinbella in 2600,

Currently involved in rebuilding a democratic and independent country, determined:

To consolidate national unity with justice, humanity, brotherly love and the elimination of all kinds of social evils,

To offer equal opportunities to everyone,

To provide for the full development of equal individual equality in all areas of political, economic, social and cultural life,

And to allow everyone to fulfill his duty and responsibility through work and extortion and,

Under the banners:

JUSTICE, social, economic and political;

FREEDOM of thought, expression, belief, faith and worship;

EQUALITY of status and opportunity; and to promote among them all a BROTHERHOOD guaranteeing the dignity of the individual and the unity [and integrity] of the Nation;

Resolved to promote the welfare of the people, to maintain perpetual international peace, to abolish all aggression, despotism and poverty, and thereby to secure the Safety, Liberty and Happiness of ourselves and our posterity,

Do hereby amend, through a national referendum following a resolution by the Federal Legislative Assembly, the Constitution, which was consecrated and established on July 12, 2615, and amended for the first time thereafter.

TBA, 2619

The Phinbellans, Taemhwanians, and Niueians, as citizens of the federal entities (together with Others), and Phinbellans hereby determine that the Constitution of Phinbella is as follows:

FIRST CHAPTER - General Provisions

Article 1

  1. The Federal Republic of Phinbella, shall be a union of states with a democratic republic system.
  2. 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.
  3. The basic principles of the activities of the Federal Republic are public harmony and political stability; economic development for the benefit of all countries; Phinbellan patriotism and the resolution of the most important issues in national affairs through democratic methods including voting in national referendums or in Parliament.

Article 2

The sovereignty of the Federal Republic of Phinbella within the Phineonesian Confederation (or the Confederation of the Phineonesian Nations) shall rest with the people as a whole. All state authorities must originate from the people.

Article 3

The requirements for Phinbellan citizenship shall be determined by law through the Phinbella nationality law.

Article 4

  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

  1. The Federal Republic of Phinbella shall be divided into three administrative divisions which are federal entities, special administrative territories and dependent territories.
  2. The Federal Republic of Phinbella shall have three entities namely the Federation of Phinbella (known as the Free area of the Federation), the Republic of Oriental Hispanioeire Taemhwan and the State of Niue i Taman Lawang (hereinafter "Entities").

Article 7

  1. All ethnic groups in the Federal Republic of Phinbella belonging to the Phinbellans, Taemhwanians and Niueians are the same. The state must protect the rights and legitimate interests of all ethnic minorities and uphold and promote relations of equality, unity, mutual help and harmony between all ethnic groups. Discrimination against and oppression of any ethnic group is prohibited, even if their culture conflicts with the religion of the ethnic majority; any act that affects the unity of ethnic groups or creates division among them is prohibited.
  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 Entities will not impede the full freedom of movement of people, goods, services and capital throughout Phinbella. The three Entities cannot establish control at the border between Entities.

Article 9

  1. 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.
  2. Each entity has its own military to be assigned to keep peace in those entities, the militaries of those entities must be part of the national military.

Article 10

Duly ratified and published treaties and generally recognized rules of international law are valid as binding constituent parts of Phinbellan law. The status of foreigners must be guaranteed within the scope of international law and international agreements.

Article 11

The Federal Republic of Phinbella shall have its state symbols - flag, coat of arms and national anthem. The description and order of their official use shall be determined by constitutional law.

Article 12

  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 in the Federation (or Taemhwanian district of the province) cannot be questioned on the grounds that it makes provision in respect of any matter which Parliament or, as the case may be, the Territorial or Provincial Legislature has no power to make laws, except in proceedings for a declaration that the law is invalid on that ground or -
    • if the law is made by Parliament, in proceedings between the Federation and one or more States;
    • if the law is made by the Legislature of a Territory of the Federated States or Taemhwanian Provinces, in proceedings between the Federation and the Territories of the Federated States or Taemhwanian Provinces.
  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 or Taemhwanian Provinces that will or may be a party to proceedings brought for the same purpose under paragraph Clause (a) or (b)).

SECOND CHAPTER - Administrative Divisions

Article 13

The administrative area of the Federal Republic of Phinbella shall be delineated as follows:

  1. This state consists of the territory of the federated states (or actually Territory), are collectively forming the Federal entity of Phinbella, as well as two other federal entities, the Republic of the Oriental Hispanioeire Taemhwan and Niue i Taman Lawang, and territories administered directly under the jurisdiction of the central government, as well as dependent territories;
  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 xxx.

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 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 Entity) or part of a Territory (or Entity) as a qualification for election or appointment to any authority having jurisdiction only in the Territory (or Entity) or part thereof, or to vote in such elections;
    • any provision of the Constitution of a Territory (or Federal Entity), which is or is equivalent to the provision in force immediately before National Day.

Article 26

All citizens will enjoy freedom of religion and conscience. No state religion will exist. Religion must be separated from politics, except that political parties based on Umraism are allowed to operate.

Article 27

  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 Chapter xxx, Article xxx, Article xxx or Article xxx other than those related to its implementation as stated in the law.

Article 29

All citizens should have freedom of science and art. The rights of authors, creators, and artists, shall be protected by law.

Article 30

Property rights must be guaranteed. Its context and extent shall be defined by law. The exercise of property rights must comply with public welfare. The acquisition, use or restriction or private property for public purposes shall be accompanied by appropriate compensation in accordance with the provisions of the law.

Article 31

  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 xx (2)(c) and (d);
    • (d) is not subject to any of the disqualifications specified in Article xx;
    • (e) satisfy the Presidential Election Committee that he is a person of integrity, good conduct and reputation;
    • (f) is not a member of any political party on the date of his nomination for election; and
    • (g) has held office for not less than 3 years —
      • (i) as a Minister, Chief Justice, Speaker, Attorney General, Chairman of the Public Service Commission, Auditor General, Accountant General or Permanent Secretary;
      • (ii) as the chairman or chief executive officer of a statutory board to which Article xx applies;
      • (iii) as chairman of the board of directors or chief executive officer of a company incorporated or registered under the Companies Act (Chapter xx) with a paid-up capital of at least 100 million florins or its equivalent in foreign currency; or
      • (iv) in any other position of similar or comparable seniority and responsibility in any other organization or department of equivalent size or complexity in the public or private sector which, in the opinion of the Presidential Election Committee, has given him experience and ability as such in administering and managing financial affairs to enable him to carry out the functions and duties of the office of President effectively.
  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 Article xxx to—
    • (a) if he is a member of any political party, resign as a member of that party; or
    • (b) vacate his seat in Parliament or any other office created or recognized by this Constitution.

Article 41

  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 Prime Minister in accordance with Article xx;
    • (b) withholding consent to a request for the dissolution of Parliament;
    • (c) withholding assent to any Bill under Article xx, Sections 5 and 8 of the Public Officers Act, xxx (2) or xxxA;
      • *Article xx is not in effect on the date of this Reprint.
    • (d) withholding consent under Article xxx to any guarantee or loan to be given or raised by the Government;
    • (e) withholding consent and approval to the appointment and budget of statutory boards and Government companies to which the Public Officers Act Articles 1 and 3 respectively apply;
    • (f) rejection of transactions referred to in Section 2 (7), 4 (6) of the Public Officers Act or Article xxxG;
    • (g) consent detention under Article xxx (4) in relation to the detention or further detention of any person under any law or ordinance made or promulgated pursuant to Part XII;
    • (h) carry out his functions under section xx of the Religious Harmony Maintenance Act (Chapter 167A); and
    • (i) any other function the exercise of which the President is empowered by this Constitution to act at his discretion.
  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 xxx, xxxA, xxxB and xxxG.
  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 xxx;
    • (f) Chairman and members of the Public Service Commission;
    • (g) Chief Appraiser;
    • (h) Auditor General;
    • (i) Accountant General;
    • (j) Commander of the Defense Forces;
    • (k) Commander-in-Chief of the Air Force, Army and Navy;
    • (l) members (other than ex-officio members) of the Armed Forces Council established under the Phinbella Armed Forces Act (Chapter 295);
    • (m) Chief of Police; and
    • (n) Anti-Corruption Commissioner.
  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 xx (1)(a), 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 xxA 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 xxA determines that the election of the President is invalid and does not determine that any other person has been duly elected as President; or
    • (e) if upon expiry of the term of office of the incumbent the person declared as President fails to assume the office of President.
  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 78 (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 78 (1) dismiss the President from office.

Article 46

  1. If the Election Judge in exercising his jurisdiction under Article xxA determines —
    • (a) that the election of the President is void and does not determine that any other person has been duly elected, then a poll for the election of the President shall be taken not later than 6 months from the date of determination; or
    • (b) that any other person has been duly elected as President, then, that other person shall assume the office of President immediately after such determination.
  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 xxx(1), (4), and (5) 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, entity, main city and capital of Phinbella, in joint session of representatives of all representative bodies of the respective territories, respective entities, main city and capital of Phinbella. Seven deputies of the House of Senate shall be appointed by the President of the Federal Republic of Phinbella for the term of the House of Senate.
  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 and entity, main city or federal capital. A deputy of the House of Majilis may be a citizen of Phinbella who has reached the age of twenty.
  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. 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 74

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 75

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 76

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 77

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 78

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 79

  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 80

  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 81

  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 82

  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 83

  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 84

  1. President 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.

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