-
(c) is disqualified for membership
of the House of Assembly by any law enacted in pursuance of paragraph
(2) of this Article;
-
-
(d) has been adjudged or otherwise
declared bankrupt under any law in force in The Bahamas and has not been
discharged;
-
-
(e) is a person certified to be
insane or otherwise adjudged to be of unsound mind under any law in
force in The Bahamas;
-
-
(f) is under sentence of death
imposed on him by a court in The Bahamas,
-
or is serving a sentence of
imprisonment (by whatever name called)
-
exceeding
twelve months imposed on him by such a court or substituted
-
by competent
authority for some other sentence imposed on him
by
-
such a court, or is under such a sentence of imprisonment the
-
execution of which has been suspended;
-
-
(g) is disqualified for membership
of the House of Assembly by any law in
-
force in The Bahamas by reason of
his holding, or acting in, any
-
office the function
of which involve-
-
-
(i) any responsibility for, or in
connection with, the conduct of any
-
election; or
-
-
(ii) any responsibility for the
compilation or revision of any electoral
-
register;
-
-
(h) is disqualified for membership
of the House of Assembly by virtue of
-
any law in force in The Bahamas by
reason of his having been convicted of
-
any offence
relating to elections;
-
-
(i) is a Senator; or
-
-
(j) is interested in any government
contract and has not disclosed the nature
-
of such contract and of his
interest therein by publishing a notice in the
-
Gazette
within one month before the day of election.
-
- (2)
Parliament may by law provide
that, subject to such exceptions and limitations (if any) as may be
prescribed therein, a person shall be disqualified for
member ship of the House of Assembly by virtue of-
-
-
(a) his holding or acting in any
office or appointment specified (either individually
-
or by reference to
a class of office or appointment) by such law;
-
-
(b) his belonging to any armed force
of The Bahamas or to any class or person
-
so specified that is comprised
in any such force; or
-
-
(c) his belonging to any police
force or to any class of person that is comprised
-
in any such force.
-
- (3)
For the purposes of sub-paragraph (1)(f) of this
Article-
-
-
(a) two or more sentences of
imprisonment that are required to be served
-
consecutively shall be
regarded as separate sentences if none of those
-
sentence
exceeds twelve months, but if any one of such sentences exceeds
-
that
term they shall be regarded as one sentence; and
-
-
(b) no account shall be taken of a
sentence of imprisonment imposed as an
-
alternative to or in default of
the payment of a fine.
-
- 49. (1) Every member of the House
of Assembly shall vacate his seat in the House-
-
-
(a) upon a dissolution
of Parliament;
-
-
(b) if he resigns it by writing
under his hand addressed to the Speaker or, if
-
the office of Speaker is
vacant or the Speaker is absent from The
-
Bahamas, to the
Deputy Speaker;
-
-
(c) if he is absent from the sitting
of the House for such period and in such
-
circumstances as may be
prescribed in the rules of procedure of the
-
House;
-
-
(d) if he ceases to be a citizen of
The Bahamas;
-
-
(e) subject to the provisions of
paragraph (2) of this Article, if any
-
circumstances arise that, if he
were not a member of the House, would
-
cause him to be
disqualified for election as such by virtue of
-
sub-paragraph (a), (b),
(c), (d), (e), (f), (g), or (h) of Article 48(1) of this
-
Constitution;
or
-
-
(f) if he becomes interested in any
government contract:
-
-
Provided that-
-
-
(i) if in the circumstances it
appears to the House or Assembly may
-
exempt any member of the House from
vacating his seat under the
-
provisions of this
sub-paragraph, if that member, before becoming
-
interested in such
contract as aforesaid or as soon as practicable
-
after becoming so
interested, discloses to the House the nature of
-
such contract and his
interest therein;
-
-
(ii) if proceedings are taken under
a law made under Article 51 of his
-
Constitution to determine whether a
member of the House has
-
vacated his seat under the
provisions of this sub-paragraph he shall
-
be declared by the court not
to have vacated his seat if he
-
establishes to the
satisfaction of the court that he, acting
-
reasonably, was not aware that
he was or had become interested in
-
such contract; and
-
-
(iii) no proceedings under the
preceding sub-paragraph shall be instituted
-
by any person other than a
Senator or member of the House of
-
Assembly.
-
-
(2) If circumstances such as are
referred to in sub-paragraph (1)(e) of this Article arise because any
member of the House is under sentence of death or
imprisonment, declared bankrupt, adjudged to be of unsound mind or
convicted of a offence relating to election and it is open
to the member to appeal against the decision (either with the leave of a
court or other authority or without such leave), he shall
forthwith cease to perform his function as a member of the House but,
subject to paragraph (3) of this Article, he shall not vacate
his seat until the expiration of a period of thirty days thereafter:
-
Provided that the Speaker may, at the request of the member, from
time to time extend that period for further periods of thirty days to enable the member
to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one
hundred any fifty days shall not be given without the approval,
signified by resolution, of the House of Assembly.
-
-
(3) If, on the determination any
appeal, such circumstances continue to exist and no further appeal is
open to the member, or if, by reason of the expiration of any
period for entering an appeal or notice thereof or the refusal of leave
to appeal or of any other reason, it ceases to be open
to the member to appeal, he shall forthwith vacate his seat.
-
- (4)
If at any time before the ember
vacates his seat such circumstances as aforesaid cease to exist, his
seat shall not become vacant on the expiration of the
period referred to in paragraph 82) of this Article and he may resume
the performance of his function as a member of the House.
-
- 50. (1) When the House of Assembly
first meets after any general election and before it proceeds to the
dispatch of any other business, the House shall, in
accordance with such procedure as may be prescribed by the rules of
procedure of the House, elect from among the members who are
not Ministers or Parliamentary Secretaries one member to be the Speaker
of the Assembly and another member to be
Deputy Speaker; and, if the office of Speaker or Deputy Speaker falls
vacant at any time before the next dissolution of the
House of Assembly, the House shall, as soon as practicable, proceed in
like manner to fill the vacant office.
-
-
(2) A person shall vacate the office
of Speaker or Deputy Speaker-
-
-
(a) if he ceases to be a member of
the House of Assembly:
-
Provided that the Speaker shall to vacate his office by reason
only that
-
he has ceased to be a member on a dissolution of Parliament, until
-
the House
of Assembly first meets after that dissolution;
-
-
(b) if he is appointed to be a
Minister or Parliamentary Secretary;
-
-
(c) if he announces the resignation
f his office to the House of Assembly or
-
if, by writing under his hand
addressed, in the case of the Speaker, to
-
the Clerk of the
House and, in the case of the Deputy Speaker, to the
-
Speaker (or if the
office of Speaker is vacant or the Speaker is absent
-
from
The Bahamas, to the Clerk), he resigns that office; or
-
-
(d) in the case of the Deputy
Speaker, if he is elected to be Speaker.
-
-
(3) If by reason of Article 49(2) of
this Constitution the Speaker or Deputy Speaker is required to cease to
perform his functions as a member of the House
of Assembly, he shall also cease to perform his function as Speaker or
Deputy Speaker and those functions shall, until he
vacates his seat in the House or resumes the performance of the
functions to his office, be performed-
-
-
(a) in the case of the Speaker, by
the Deputy Speaker or, if the office of
-
Deputy Speaker is vacant or the
Deputy Speaker is required to cease
-
to perform his
functions as a member of the House of Assembly by
-
virtue of Article
49(2) of this Constitution, by such member (not being a
-
Minister
or Parliamentary Secretary) as the House may elect for the
-
purpose;
-
-
(b) in the case of the Deputy
Speaker, by such member (not being a
-
Minister or Parliamentary
Secretary) as the House may elect for the
-
purpose.
-
-
(4) If the Speaker or Deputy Speaker
resumes the performance of his functions as a member of the House in
accordance with the provisions of Article 49(4) of
this Constitution, he shall also resume the performance of his functions
as Speaker or Deputy Speaker, as the case may be.
-
- 51. (1)
An Election Court,
consisting of two Justices to the Supreme Court appointed by the Chief
Justice or, if for any reason two such Justices are not available,
one such Justice and the Chief Magistrate or a Stipendiary and Circuit
Magistrate appointed by the Chief Justice,
shall have jurisdiction to hear and determine any question whether-
-
-
(a) any person has been validly
elected as a member of the House of
-
Assembly; or
-
-
(b) any member of the House of
Assembly has vacated his seat or is
-
required, under the provisions of
Article 49(2) of this Constitution, to
-
cease to perform
his functions as a member.
-
-
(2) Subject to the following
provisions of this Article and to the provisions of Article 49(1) of
this Constitution, Parliament may make or provide for the making or
provision, with respect to-
-
-
(a) the institution of proceedings
for the determination of any question
-
referred to in paragraph (1) of
this Article; and
-
-
(b) the powers, practice and
procedure of an Election Court in relation to
-
any such proceedings.
-
-
(3) The determination by an Election
Court of any question referred to in paragraph (1) of this Article shall
be final.
-
-
(4) Proceedings for the
determination of any question referred to in paragraph (1) of this
Article shall not be instituted except with the leave of a Justice of the
Supreme Court.
-
-
(5) An appeal shall lie to the Court
or Appeal on a point of law from the decision of a Justice of the
Supreme Court granting or refusing leave to institute
proceedings in accordance with this Article , but, subject as aforesaid,
that decision shall be final.
-
-
Part IV
- Powers and Procedure of Parliament
-
-
52. (1) Subject to the provisions
of this Constitution, Parliament may make laws for the peace, order and
good government of The Bahamas.
-
-
(2) Subject to the provisions of
Articles 60, 61 and 62 of this Constitution, the power of Parliament to
make laws shall be exercised by Bills passed by both
Houses, either without amendment or with such amendments only as are
agreed to by both Houses, and assented to by the
Governor General in accordance with Article 63 of this Constitution.
-
- 53.
(1) Without prejudice to the
generality of Article 52(1) of this Constitution and subject to the
provisions of paragraph (2) of this Article, Parliament may by
law determine the privileges, immunities and powers of the Senate and
the House of Assembly and the members thereof.
-
-
(2) No process issued by any court
in the exercise of its civil jurisdiction shall be served or executed
within the precincts of the Senate of the House of Assembly
while it is sitting, or through the President or the Speaker, the Clerk
or any other officer of either House.
-
- 54.
(1) Subject to the provisions
of this Article, Parliament may, bay an Act of Parliament passed by both
Houses, alter any of the provisions of this Constitution
or (in so far as it forms part of the law of the Bahamas) any of the
provisions of The Bahamas Independence Act, 1973.
-
-
(2) In so far as it alters-
-
-
(a) Articles 32, 33, 34, 35, 41, 42,
43, 47, 48, 49, 79, 107, 108, 109, 110,
-
111, 112, 113, 114, 115, 116,
117, 118, 119, 120, 121, 122, 123, 124,
-
125, 126,
128, 129, 130, 131, 132, 133, 134, 135, or 136 of this
-
Constitution; or
-
-
(b) Articles 127 or 137 of this
Constitution in their application to any of the
-
provisions specified in
sub-paragraph (a) of this paragraph Bill for an Act
-
of
Parliament under this Article shall not be passed by Parliament
-
unless:-
-
-
(i) at the final voting thereon in
each House it is supported by the votes
-
of not less than two-thirds of
all the members of each House, and
-
-
(ii) the Bill, after its passage
through both Hose, has been submitted to
-
the electors qualified to vote
for the election of members of the
-
House of Assembly and, on a
vote in such manner as Parliament
-
may prescribe the majority of the
electors voting have approved the
-
Bill.
-
-
(3) In so far as it alters-
-
-
(a) this Article;
-
-
(b) Articles 2, 3,
4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,
-
17, 18, 19, 20, 21, 22,
23, 24, 25, 26, 27, 28, 29, 30, 31, 38, 39, 40,
-
45, 46, 51,
52, 60, 61, 62, 65, 66, 67, 68, 69, 70, 71, 72, 93, 94, 95,
-
96, 97, 98,
99, 100, 101, 102, 103, 104, or 105 of this
Constitution; or
-
-
(c) Articles 106, 127 or 137 of this
Constitution in their application to any
-
of the provisions specified in
sub-paragraphs (a) or (b) of this
-
paragraph; or
-
-
(d) any of the provision of the
Bahamas Independence Act 1973, a Bill for
-
an Act of Parliament under
this Article shall not be passed by
-
Parliament unless: -
-