• TABLE OF CONTENTS
HIDE
 Front Cover
 Title Page
 Arrangement of Articles
 The Constitution of Trinidad and...
 1. The Declaration of Rights
 Emergency Provisions
 General Provisions
 2. Directive Priniciples of Government...
 3. Citizenship
 4. President and Vice-Presiden...
 5. Parliament
 6. The Executive
 7. Tobago
 8. The Judicature
 9. Attorney-General and Ombuds...
 10. Appointments and Tenure of...
 11. Finance
 12. Amendment of Constitution
 13. Interpretation
 First Schedule: Forms of Oath (of...
 Second Schedule: Boundaries of...
 Third Schedule: Matters not Subject...
 Back Cover






Group Title: Constitution of Trinidad and Tobago
Title: The Constitution of Trinidad and Tobago
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00085551/00001
 Material Information
Title: The Constitution of Trinidad and Tobago
Physical Description: x, 100 p. : ; 23 cm.
Language: English
Creator: Trinidad and Tobago -- Constitution Commission
Publisher: s.n.
Place of Publication: s.l
Manufacturer: T & TP & P.
Publication Date: 1974
 Subjects
Genre: non-fiction   ( marcgt )
 Notes
Statement of Responsibility: Constitution Commission of Trinidad and Tobago.
 Record Information
Bibliographic ID: UF00085551
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 000185807
oclc - 03357029
notis - AAV2393

Table of Contents
    Front Cover
        Front Cover 1
        Front Cover 2
    Title Page
        Title Page 1
        Title Page 2
    Arrangement of Articles
        Page i
        Page ii
        Page iii
        Page iv
        Page v
        Page vi
        Page vii
        Page viii
        Page ix
        Page x
    The Constitution of Trinidad and Tobago
        Page 1
    1. The Declaration of Rights
        Page 2
        Page 3
        Page 4
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
        Page 13
    Emergency Provisions
        Page 14
        Page 15
        Page 16
        Page 17
    General Provisions
        Page 18
        Page 19
        Page 20
        Page 21
    2. Directive Priniciples of Government and Fundamental Duties of the People
        Page 22
        Page 23
    3. Citizenship
        Page 24
        Page 25
        Page 26
        Page 27
        Page 28
        Page 29
    4. President and Vice-President
        Page 30
        Page 31
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
        Page 37
    5. Parliament
        Page 38
        Page 39
        Page 40
        Page 41
        Page 42
        Page 43
        Page 44
        Page 45
        Page 46
        Page 47
        Page 48
        Page 49
        Page 50
        Page 51
        Page 52
        Page 53
        Page 54
        Page 55
        Page 56
        Page 57
        Page 58
        Page 59
        Page 60
    6. The Executive
        Page 61
        Page 62
        Page 63
        Page 64
        Page 65
        Page 66
    7. Tobago
        Page 67
    8. The Judicature
        Page 68
        Page 69
        Page 70
    9. Attorney-General and Ombudsman
        Page 71
        Page 72
        Page 73
        Page 74
        Page 75
        Page 76
    10. Appointments and Tenure of Offices
        Page 77
        Page 78
        Page 79
        Page 80
        Page 81
        Page 82
        Page 83
        Page 84
        Page 85
        Page 86
        Page 87
        Page 88
        Page 89
    11. Finance
        Page 90
        Page 91
        Page 92
    12. Amendment of Constitution
        Page 93
        Page 94
    13. Interpretation
        Page 95
        Page 96
        Page 97
    First Schedule: Forms of Oath (of Affirmation) of Office
        Page 98
    Second Schedule: Boundaries of Constituencies
        Page 99
    Third Schedule: Matters not Subject to Investigation
        Page 100
    Back Cover
        Page 101
        Page 102
Full Text



CONSTITUTION COMMISSION OF TRINIDAD AND TOBAGO


THE CONSTITUTION

OF

TRINIDAD and TOBAGO


JANUARY 1974


Printed by T & T P & P Ltd.








CONSTITUTION COMMISSION OF TRINIDAD AND TOBAGO


THE CONSTITUTION

OF

TRINIDAD and TOBAGO


January 22, 1974









THE CONSTITUTION OF TRINIDAD AND TOBAGO




ARRANGEMENT OF ARTICLES


Preamble


CHAPTER I

THE DECLARATION OF RIGHTS



Article

1. Fundamental rights.
2. Protection of right to life.
3. Protection of right to personal liberty.
4. Provisions to secure protection of law.
5. Protection from inhuman treatment, etc.
6. Protection from forced labour.
7. Protection against arbitrary search or entry.
8. Protection for freedom of movement.
9. Protection for freedom of conscience.
10. Protection for freedom of expression.
11. Protection for freedom of assembly and association.
12. Protection of right to privacy.
13. Protection of freedom to pursue profession or occupation.
14. Protection from discrimination on grounds of race, etc.
15. Protection from deprivation of property.


Emergency Provisions

16. Period of public emergency.
17. Suspension of right to personal liberty during emergency.






Article
18. Suspension of freedom from forced labour during emergency.
19. Suspension of protection from discrimination during emergency.
20. Emergency Acts.


General Provisions

21. Suspension of other rights in interest of defence, etc.
22. Act under valid law may be invalid.
23. Action under valid law invalid if excessive or oppressive.
24. Evidence inadmissible if obtained unconstitutionally.
25. Enforcement of protective provisions.
26. Interpretation of Chapter.


CHAPTER 2

DIRECTIVE PRINCIPLES OF GOVERNMENT

AND

FUNDAMENTAL DUTIES OF THE PEOPLE

27. Application of provisions of Chapter.

Directive Principles of Government

28. Directive principles.

Fundamental Duties of the People

29. Fundamental duties.


CHAPTER 3

CITIZENSHIP

30. Continuation of citizenship of citizens under section 9 of 'former
Constitution.
31. Continuation of citizenship of citizens by registration, naturalization, etc.







Article

32. Acquisition of citizenship by birth or descent. Continuation of citizenship.
Retrospective citizenship.
33. Marriage to citizen of Trinidad and Tobago.
34. Dual citizenship.
35. Retention of citizenship after renunciation in special case.
36. Commonwealth citizens.
37. Criminal liability of Conmmon ealhh citizens.
38. Power to make laws.
39. Interpretation.




CHAPTER 4

THE PRESIDENT AND VICE-PRESIDENT

40. Establishment of offices and election of President and Vice-President.
41. Qualifications and disqualifications for office of President or Vice-President.
42. Other conditions of office.
43. Transitional provision.
44. Holding of elections for President and Vice-President.
45. Where both offices vacant.
46. Electoral College.
47. Mode of elections.
48. Nomination of candidates.
49. Procedure for balloting.
50. Determination of questions as to elections.
51. Term of office.
52. Vacation of office.
53. Removal from office.
54. Procedure for removal from office.
55. Oath.
56. Immunities of President.







CHAPTER 5


PARLIAMENT

Part 1
Composition of Parliament
Article
57. Parliament.
58. National Assembly.
59. Number of elected members.
60. Speaker and Deputy Speaker.

Part 2
Members of the National Assembly
61. Qualifications for membership of National Assembly.
62. Disqualifications for membership of National Assembly.
63. Tenure of office of members of National Assembly.

Declaration of Assets
64. Parliamentary Integrity Commission.
65. Declaration of assets by members of the National Assembly.
66. Power to make laws relating to Commission.

Part 3
Powers and Procedure of Parliament
67. Power to make laws.
68. Immunity of members of National Assembly from legal process.
69. Regulation of procedure of National Assembly.
,70. President may address Assembly; etc.
71. Oath of office.
72. Presiding in National Assembly.
73. Voting.
74. Quorum.
75. Mode of legislation.
76. Introduction of Bills, etc.
77. Standing Committees.







Part 4


Summoning, Prorogation and Dissolution

Article
78. Sessions of Parliament.
79. Prorogation and dissolution of Parliament.

Part 5

Elections

80. General elections.,
81. Filling of vacancies.
82. Qualifications of voters.

System of Elections

83. Constituency members of National Assembly.
84. List members of National Assembly.
85. Constituency candidate not to be included in a list.
86. System of balloting.
87. Deposits.
88. Preliminary count of ballots.
89. Political parties.
90. Regulation of constitution of parties.
91. Power to make elections laws.

Jurisdiction as to Questions of Membership
92. Determination of questions as to membership.

Part 6

Delimitation of Constituencies

93. Constituencies.
94. Boundaries Commission.
95. Procedure for review.

Part 7
Elections Commissioner

96. Elections Commissioner.







CHAPTER 6
THE EXECUTIVE

General Provisions as to the Government of Trinidad and Tobago.

Article
97. Executive authority of Trinidad and Tobago.
98. Exercise of President's functions.
99. President to be informed concerning matters of Government.
100. The Cabinet.
101. Appointment of Ministers.
102. Tenure of office of Ministers.
103. Performance of functions of Prime Minister during absence, illness or
suspension.
104. Allocation of portfolios to Ministers.
105. Parliamentary Secretaries.
106. Leader of the Opposition.
107. Oaths to be taken by Ministers, etc.
108. Permanent Secretaries.
109. Constitution of offices, etc.
110. Prerogative of mercy.
111. Advisory Committee on prerogative of mercy.
112. Functions of Advisory Committee.


CHAPTER 7
TOBAGO

113. Tobago Regional Council.
114. Composition of Tobago Regional Council.
115. Power to make laws.


CHAPTER 8
THE JUDICATURE

The Supreme Court

116. Establishment of Supreme Court.







The High Court
Article
117. Constitution of High Court.


The Court of Appeal
118. Constitution of Court of Appeal.


Appointment of Judges
119. Appointment of Chief Justice.
120. Appointment of other Judges of the Supreme Court.
121. Tenure of office.
122. Oath of office.

Final Court of Appeal
123. Final Court of Appeal.


CHAPTER 9
ATTORNEY-GENERAL AND OMBUDSMAN

Part 1

Attorney-General
124. Appointment, tenure and functions.


Part 2

Ombudsman

125. Appointment and conditions of office.
126. Staff of Ombudsman.
127. Functions of Ombudsman.
128. Restrictions on matters for investigation.
129. Discretion of Ombudsman.
130. Report on investigation.
131. Power to obtain evidence.
132. Power to make laws.







CHAPTER 10
APPOINTMENTS AND TENURE OF OFFICES

Part 1
SERVICE COMMISSIONS

Judicial and Legal Service Commission

Article
133. Constitution of Commission.
134. Appointments, etc., to judicial offices.

Public Service Commission

135. Constitution of Commission.
136. Appointments, etc. to public offices.

Protective Services Commission

137. Constitution of Commission.
138. Appointments etc., to protective service offices.

Teaching Service Commission

139. 'Constitution of Commission.
140. Appointments, etc., of teachers.

Service Commissions General Provisions.

141. Qualifications, tenure of office, etc.
142. Delegation of functions.
143. Consultation with other Service Commissions.
144. Powers and procedure of Service Commissions and protection from legal,
proceedings.

Part 2
Public Service Appeal Board

145. Constitution of Appeal Board.
146. Tenure of office, etc.
147. Appeals in discipline cases.







Part 3
Special Offices

Article

148. Appointments of principal representatives of Trinidad and Tobago.
149. Appointments to special offices.
150. Appointments to statutory authorities and national companies.
151. Appointments to other special offices.
152. Acting appointments.
153. Tenure of special offices.
154. Appointments to staff of Ombudsman.


Part 4

Pensions

155. Protection of pension rights.
156. Powers of Commissions in relation to grant of pensions, etc.


Part 5
Miscellaneous Provisions

157. Resignation.
158. Re-appointment, etc.


CHAPTER 11

FINANCE

159. Establishment of Consolidated Fund.
160. Authorisation of expenditure from Consolidated Fund.
161. Authorisation of expenditure in advance of appropriation.
162. Contingencies Fund.
163. Establishment of office and functions of Auditor-General.
164. Annual report of Auditor-General.
165. Public Debt.







CHAPTER 12


AMENDMENT OF CONSTITUTION

Article
166. Amendment of Constitution.



CHAPTER 13
INTERPRETATION

167. Meaning of Trinidad and Tobago.
168. Definitions.



SCHEDULES

First Schedule Forms of Oath (or Affirmation) of Office.
Second Schedule Boundaries of Constituencies.
Third Schedule Matters not subject to investigation.






THE CONSTITUTION OF TRINIDAD AND TOBAGO


WHEREAS the People of Trinidad and Tobago-

(a) require that a new Constitution replace the Constitution
under which they attained Independence on August 31, 1962;
(b) have freely accepted that the Constitution as set forth here-
under reflects the will of the people as to the terms upon which
the Nation hereafter should be governed;
(c) re-affirm that the Nation is founded upon principles that
acknowledge the supremacy of the Deity, the dignity of the
individual, the importance of the family in a free society with
free institutions, and an immutable faith in the fundamental
rights and freedoms and the equal and inalienable rights with
which all members of the human family are endowed;
(d) re-confirm their belief in a democratic society in which all
persons may to the full extent of their capacity play some part
in the institutions of the national life and thereby develop and
maintain due respect for lawfully constituted authority;
(e) re-assert their recognition that people and institutions re-
main free only when and for so long as freedom is founded
upon respect for spiritual and moral values and the rule of
law:
NOW, THEREFORE, the following provisions shall have
effect as the Constitution of Trinidad and Tobago.






CHAPTER 1


THE DECLARATION OF RIGHTS


Fundamental Article 1
rights
(1) Every person in Trinidad and Tobago, whatever his race,
place of origin, political opinions, colour, creed or sex, is entitled
to the following fundamental rights, that is to say, the right to-
(a) life, liberty, security of the person and the protection of
the law;
(b) freedom of conscience, of expression and of assembly
and association;
(c) respect for his private and family life, protection for
the privacy of his home and recognition of his human
dignity; and
(d) the enjoyment of property.

(2)- This Chapter shall have effect for the purpose of protecting
those rights subject to the limitations specified, being limitations
designed to ensure that the enjoyment of his rights by any indi-
vidual does not prejudice the rights of others or the public
interest.

Protection of Article 2
right to
life (1) No person shall be deprived of his life intentionally except
in execution of'the sentence of a court in respect of a criminal
offence of which he has been convicted under the law of Trinidad
and Tobago.

(2) A person shall not be regarded as having been deprived of
his life in contravention of this article if he dies as the result of
a lawful act of war or if he dies as the result of the use of force to
such extent as is reasonably justifiable in the circumstances of
the case-
'(a) for the defence of any person from violence or for the
defence of property;
(b) in order to effect a lawful arrest or to prevent the escape
of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or
mutiny; or
(d) in order to prevent the commission by that person of a
criminal offence.





Article 3 Protection of
right to
(1) No person shall be deprived of his personal liberty except in personal
circumstances authorised by law. liberty

(2) Subject to article 17 (which relates to- public emergencies),
no law shall authorise any person to be deprived of his liberty
except in the following circumstances:
(a) in consequence of his unfitness to plead to a criminal
charge;
(b) in execution of a sentence or order of a court whether
established for Trinidad and Tobago or for some other
country in respect of a criminal, charge of which he has
been convicted;
(c) in execution of the order of the Court of Appeal or the
High Court or such other court as may be prescribed by
Parliament punishing him for contempt of any such
court or of another court or. tribunal;
(d) in execution of an order of a court made in order to
secure the fulfilment of any obligation imposed on him
by law;
(e) for the purpose of bringing him before a court in ex-
ecution of the order of a court;
(f) upon reasonable suspicion of his having committed or
being about to commit a criminal offence;
(g) in the case of a person who has not attained the,age of
majority, under the order of a court or with the consent
of his guardian, for the purpose of his education or
welfare;
(h) under the order of a court, for the purpose of preventing
the spread of an infectious or contagious disease;
(i) in the case of a vagrant, a person of unsound mind or a
person addicted to drugs or alcohol, under the order of
a court, for the purpose of his care or treatment or for
the protection of the community; and in the case of a
person reasonably suspected to be of unsound mind, for
the purpose of taking prompt legal proceedings to ob-
tain such an order of a court; or
(j) for the purpose of preventing the unlawful entry of a
person into Trinidad and Tobago or for the purpose of
effecting the expulsion, extradition or other lawful re-
moval of a person from Trinidad and Tobago, or the
taking of proceedings for any of these purposes.

(3) Any person who is arrested or detained shall be entitled -
(a) to be informed promptly, in a language he understands,
of the reasons for his arrest or detention;






(b), to communicate without delay and in private with a
member of his family and with a legal practitioner of
his choice, and to have adequate opportunity to give
instructions to a legal practitioner of his choice;
(c) to be informed immediately upon his arrest of his rights
under paragraph (b) of this clause; and
(d) to the remedy by way of habeas corpus for determining
the validity of his detention.

(4) Any person who is arrested or detained -
(a) for the purpose of being brought before a court in the
execution of the order of a court; or
(b) upon reasonable suspicion of his having committed or
being about to commit a criminal offence,
shall, unless he is released, be brought without delay before a
court or a Justice of the Peace; and if any person arrested or
detained upon reasonable suspicion of his having committed or
being about to commit an offence is not tried \ ithlin a reasonable
time, he shall be entitled to bail on reasonable conditions.

(5) (a) Subject to paragraph (b) of this clause, any person
whose rights under this article are infringed by any other person
shall be entitled to compensation from that person.
(b) No person shall be liable for any act done in the perfor-
mance of a judicial funcliio for which he would not be liable
apart from this clause.

'Provisions to Article 4
secure pro-
tection of law (1) If any person is charged with a criminal offence other than
an offence against service law, then, unless the charge is with-
drawn, the case shall be afforded a fair hearing in public within a
reasonable time by an independent and impartial court established
by law.
(2) Every person who is charged with a criminal offence shall be
presumed innocent until he is proved guilty, but this shall not
invalidate a law by reason only that the law imposes on any such
person the burden of proving particular facts.
(3) Every person who is charged with a criminal offence shall be
entitled -
(a) to be informed as soon as practicable, in a language
which he understands and in detail, of the nature of
the offence charged;
(b) to be given adequate time and opportunity for the pre-
paration of his defence;






(c) to defend himself in person or by a legal practitioner of
his choice;
(d) to examine in person or by a legal practitioner the wit-
nesses called by the prosecution before the court, to
obtain the attendance and carry out the examination of
witnesses to testify on his behalf before the court on
the same conditions as those applying to witnesses called
by the prosecution, and to give evidence on his own
behalf; and
(e) to have without payment the assistance of a competent
interpreter if he cannot understand the English language.

(4) No person shall be held to be guilty of a criminal offence on
account of any act which did not at the time it took place con-
stitute such an offence and no penalty shall be imposed for any
criminal offence which is severer in degree or in character than
the maximum penalty which might have been imposed for that
offence at the time when it was committed.

(5) (a) No person who shows that he has been tried by a com-
petent court for a criminal offence and either convicted or
acquitted shall again be tried for that offence or for any other
offence for which, by reason of such conviction or acquittal, he
could not be tried under the law of Trinidad and Tobago at the
commencement of this Constitution.
(b) No person shall be tried for a criminal offence if he
shows that he has been pardoned for that offence.
(c) This clause shall not invalidate any law by reason only
that the law authorises a court to try a person for a criminal
offence notwithstanding any trial and conviction or acquittal of
that person as a member of a disciplined force under the appro-
priate disciplinary law; but if the court trying such person con-
victs him it shall in sentencing him take into account any punish-
ment imposed upon him by the disciplinary law.

(6) No person who is on trial for a criminal offence shall be
compelled to give evidence at the trial.
(7) No person shall be compelled to give evidence before a
board, commission or a tribunal of inquiry if he is denied protec-
tion against self-incrimination or, where necessary to ensure such
protection, the right to legal representation.

(8) In the determination of his civil rights and obligations a
person shall be entitled to a fair hearing within a reasonable time
by an independent court or other independent tribunal established
by law.
(9) All proceedings of every court and proceedings relating to
the determination of the existence or the extent of a person's civil
rights or obligations before any court or other tribunal including







the announcement of the decision of the court or other tribunal
shall be held in public.

(10) Nothing in clause (9) shall prevent the court or other tribunal
from excluding from the proceedings persons other than parties to
the proceedings and the legal practitioners representing them -
(a) in interlocutory civil proceedings;
(b) in appeal proceedings under any law relating to income
tax; or
(c) to such extent as the court or other tribunal -
(i) may consider necessary or expedient in circum-
stances where publicity would prejudice the interest
of justice; or
(ii) may be empowered or required by law to do so in
circumstances where publicity would prejudice the
interest of defence, public safety, public order,
public morality, the welfare of persons under the
age of majority or the protection of the private lives
of the persons concerned in the proceedings.

(11) In this article-
"independent court" or "independent tribunal" means a court or a
tribunal, as the case may be, presided over by the Chief Justice or
by a person or persons appointed by or on the advice of the
Judicial and Legal Service Commission or appointed in a manner
designed to provide.an equivalent assurance of the independence
of such court or tribunal of the executive authority of Govern-
ment.
Protection Article 5
from inhuman
treatment No person shall be subjected to torture or to cruel, inhuman and
degrading treatment or punishment.
Protection Article 6
from forced
labour (1) Subject to article 18 (which relates to public emergencies),
no person shall be required to perform forced labour.

(2) For the purposes of this article the expression "forced
labour" does not include -
(a) any labour required in consequence of a sentence or
order of a court;
(b) any labour required of a person while he is lawfully de-
tained that, though not required in consequence of a
sentence or order of a court -
(i) is reasonably necessary in the interest of hygiene or
for the maintenance of the place at which he is
detained; or






(ii) in the case of a person detained for the purpose of
his care, treatment, rehabilitation, education or
welfare, is reasonably required for that purpose; or
(c) any labour required of a member of a disciplined force
in pursuance of his duties as such or, in the case of a
person who has conscientious objections to service in
the armed forces, any labour required by law instead of
that service.
Article 7 Protection
against
(1) Except with his consent, no person shall be subjected to the arbitrary
search of his person or his property or the entry by others on search
his premises. or entry

(2) Subject to article 21, nothing in this article shall invalidate
any law in so far as the law is reasonably required-
(a) in the interest of defence, public safety, public order,
public morality or public health or for the protection of
the rights and freedoms of others;
(b) for the purposes of law-enforcement in a case where
there are reasonable grounds to suspect that a criminal
offence has been committed by the person or in the
premises in question or that a person who has committed
a criminal offence or evidence relating to such an of-
fence is to be found on the premises;
(c) for the purpose of an evaluation of the premises in
question in connection with a tax, rate or due;
(d) for the purpose of enabling a public authority or body
corporate established directly by law to enter any
premises in order to carry out work connected with any
property of the authority or body that is lawfully on
those premises; or
(e) for the purposes of town and country planning or the
development or utilisation of mineral resources,
unless the law is shown not to be reasonably justifiable in a society
that has a proper respect for the rights and freedoms of the
individual.
Article 8 Protection
for freedom
(1) No person shall be deprived of his freedom of movement, of movement
that is to say, the right to move freely throughout Trinidad and
Tobago, the right to reside in any part of Trinidad and Tobago,
the right to enter Trinidad and Tobago, the right to leave Trinidad
and Tobago and immunity from expulsion from Trinidad and
Tobago.

(2) A restriction on a person's freedom of movement that is
necessarily involved in his lawful detention shall not be held to
contravene this article.







(3) Subject to article 21, nothing in this article shall invalidate
any law by reason only that the law makes provision -
(a) for the imposition of restrictions on the movement or
residence within Trinidad and Tobago of any person
who is not a citizen of Trinidad and Tobago or for the
exclusion or expulsion from Trinidad and Tobago of
any such person;
(b) for the imposition of restrictions on the acquisition or
use by any person of land or other property in Trinidad
and Tobago;
(c) for the removal of a person from Trinidad and Tobago
to be tried outside Trinidad and Tobago for a criminal
offence or to undergo imprisonment outside Trinidad
and Tobago in execution of a sentence of a court (es-
tablished for Trinidad and Tobago or for some other
country) in respect of a criminal offence of which he
has been convicted;
(d) for the imposition of restrictions on the movement or
residence of public officers or members of a disciplined
force;
(e) for the imposition of restrictions on the right of any
person to leave Trinidad and Tobago that are reasonably
required in order to secure the fulfilment of any obli-
gation imposed on that person by law; or
(f) for the imposition of restrictions on the freedom of
movement of any person that are reasonably required
in the interest of defence, public safety, public order,
public morality or public health,
unless the law is shown not to be reasonably justifiable in a society
that has a proper respect for the rights and freedoms of the
individual.
Protection Article 9
for freedom
of conscience (1) No restrictions shall be imposed on any person against his
will in the enjoyment of his freedom of conscience including free-
dom of thought and of religion, freedom to change his religion or
belief and freedom either alone or in community with others, and
both in public and in private, to manifest and propagate his
religion or belief by way of worship, teaching, practice and
observance.
(2) Every religious community shall be entitled to establish and
maintain places of education and to manage any place of educa-
tion which it maintains without any financial contribution by the
State.
(3) Every religious community shall be entitled to reasonable
facilities for giving religious instruction to members of its religious
community attending any school in Trinidad and Tobago whether
or not the State makes any financial contribution towards the
maintenance of that school.







(4) No person attending any place of education shall be required
against his will (or, if he has not attained the age of majority,
against the will of his guardian) to receive religious instruction or
to take part in or to attend any religious ceremony or observance.

(5) No person shall be compelled to take any oath that is con-
trary to his religion or belief or to take any oath in a manner that
is contrary to his religion or belief.

(6) Subject to article 21, nothing in this article shall invalidate
any law in so far as the law -
(a) is reasonably required-
(i) in the interest of defence, public safety, public order,
public morality or public health; or
(ii) for the protection of the rights and freedoms of
other persons, including the right to observe and
practise any religion without the unsolicited inter-
vention of members of any other religion.
unless the.law is shown not to be reasonably justifiable in a society
that has a proper respect for the rights and freedoms of the
individual;
(b) makes such provision with respect to the admission of
students to schools as is reasonably required to prevent
discrimination on grounds of race, place of origin, politi-
cal opinion or colour;
(c) makes provision with respect to standards or qualifica-
tions required in relation to places of education includ-
ing standards of any instruction (not being religious in-
struction) given at such place; or
(d) makes provision for a child to be given, under the order
of a court, medical treatment that is reasonably required
to save the child from death or serious illness, notwith-
standing that the child's parent or guardian withholds
his consent.

(7) In this article the expression "religion" includes religious
denomination, and "religious" shall be construed accordingly.
Article 10 Protection
for freedom
(1) No restriction shall be imposed on any person against his of
will in the enjoyment of his freedom of expression, that is to say, expression
freedom to hold opinions, freedom to receive ideas and informa-
tion, freedom to communicate ideas and information (whether the
communication is to the public generally or to any class of per-
sons) and freedom from interference with his correspondence.

(2) Specifically, no law shall restrict the freedom of the press or
any other of the mass media of communication.





























Ch. 30 No. 8
Laws of
Trinidad and
Tobago (1950
Rev. Ed.)

Ch. 30 No. 8
Laws of
Trinidad and
Tobago
(1950 Rev. Ed.)

Protection
for freedom
of assembly
and associa-
tion


(3) Subject to article 21, nothing in this article shall invalidate
any law in so far as the law -
(a) is reasonably required in the interest of defence, public
safety, public order, public morality or public health;
(b) is reasonably required for the protection of the rights
and freedoms of other persons;
(c) is reasonably required for the purpose of protecting the
private lives of persons concerned in legal-proceedings,
preventing the disclosure of information received in
confidence, maintaining the authority and independence
of the courts, or regulating telephony, telegraphy, posts,
wireless broadcasting or television; or
(d) imposes restrictions on public officers,
unless the law is shown not to be reasonably justifiable in a society
that has a proper respect for the rights and freedoms of the
individual.

(4) (a) A law regulating the organs of the mass media of com-
munication and containing in relation to any of the mass media of
communication provisions of the kind contained in the News-
papers Ordinance in relation to-newspapers shall not be regarded
as infringing the right conferred by this article.


(b) The amount of any bond which the law may at any time
prescribe after the manner of section 6 of the Newspapers Ordi-
nance shall not exceed a sum which at any such time would be
approximately equivalent (having regard to changes in the real
value of money) to the sum of $5,000.00 at the commencement
of this Constitution.

Article 11
(1) No restrictions shall be imposed on any person against his
will in the enjoyment of his freedom of assembly and association,
that is to say, his right to assemble freely and associate with other
persons and in particular to form or belong to political parties or
to-form or belong to trade unions or other associations for the
protection of his interests.

(2) Subject to article 21, nothing in this article shall invalidate
any law in so far as the law -
(a) is reasonably required in the interest of defence, public
safety, public order, public morality or public health;
(b) is reasonably required for the protection of the rights
or freedoms of other persons;
(c) imposes restrictions upon public officers or members of
a disciplined force; or







(d) prohibits any association from placing restrictions based
on race or colour on the admission of members to the
association,
unless the law is shown not to be reasonably justifiable in a society
that has a proper respect for the rights and freedoms of the
individual.
Article 12 Protection
of right to
(1) Every person shall be entitled to respect for his private and privacy
family life, his home and his correspondence.

(2) Subject to article 21, nothing in this article shall invalidate
any law in so far as the law is reasonably required -
(a) in the interest of defence, public safety, public order,
public morality or public health; or
(b) for the protection of the rights and freedoms of other
persons,
unless the law is shown not to be reasonably justifiable in a society
that has a proper respect for the rights and freedoms of the
individual.
Article 13 Protection
of freedom
(1) Subject to clause (2) of this article, every person shall have to pursue
the right to practise any profession or to carry on any occupation, profession or
occupation
trade or business.

(2) The exercise of this right shall be subject to such conditions
as are prescribed by law but these conditions shall relate
exclusively to the qualifications required or to any licence fees
payable as a prerequisite for the practice of the profession or the
carrying on of the occupation, trade or business.

(3) Subject to article 21, nothing in this article shall invalidate
any law in so far as the law -
(a) is reasonably required in the interest of defence, public
safety, public order, public morality or public health,
unless the law is shown not to be reasonably justifiable
in a society that has a proper respect for the rights and
freedoms of the individual; or
(b) restricts or prohibits any person who is not a citizen of
Trinidad and Tobago from practising any profession or
from carrying on any occupation, trade or business.
Article 14 Protection
from dis-
(1) Subject to article 19 (which relates to public emergencies) crimination
and to this article on grounds of
race, etc.
(a) no law shall make any provision that is discriminatory
either of itself or in its effects; and







(b) no person shall be treated in a discriminatory manner
by any person acting in the execution of a function
under a written law or in the performance of the func-
tions of a public office or on behalf of a public authority.

(2) For the purposes of this article a provision or an executive
or administrative act shall be regarded as discriminatory only if by
or as an inevitable consequence of that provision or act any
person of a particular description (meaning in this article
description by race, place of origin, political opinion, colour, creed
or sex) is prejudiced -
(a) by being subjected to a condition, restriction or dis-
ability to which a person of another description is not
made subject; or
(b) by the withholding from that person of a privilege or
advantage which is accorded to persons of another des-
cription,
and the imposition of that condition, restriction or disability or
the withholding of that privilege or advantage is wholly or mainly
attributable to the description of that person.

(3) Clause (1) (a) shall not apply to any law in so far as that law
makes provision -
(a) for the appropriation of public revenues or other public
funds;
(b) with respect to persons who are not citizens of Trinidad
and Tobago;
(c) with respect to adoption, marriage, divorce, burial,
devolution of property on death or other matters of
personal law; or
(d) whereby persons of a particular description may be
subjected to any condition, restriction or disability or
may be accorded any privilege or advantage which,
having regard to its nature and to special circumstances
pertaining to those persons or to persons of any other
description, is reasonably justifiable in a society that
has a proper respect for the rights and freedoms of the
individual.

(4) This article shall not invalidate any law in so far as it
prescribes any standard or qualification for appointment to any
office in the public service, any-office in a disciplined force or any
office in the service of a local government authority or of a body
corporate established by law for public purposes, if the standard
or qualification is reasonably and genuinely prescribed because of
its utility for the discharge of the functions of that office.
(5) Clause (1) (b) shall not apply to anything which is expressly
or by necessary implication authorised to be done by any law
referred to in clause (3) or (4).







(6) Subject to article 21, nothing in this article shall invalidate
any law by reason only that it imposes restrictions on the rights of
persons of a particular description with respect to freedom from
arbitrary search or entry, or freedom of conscience and religious
belief, or freedom of expression, or freedom of assembly and
association, or freedom of movement, if such restriction is
reasonably required -
(a) in the interest of defence, public safety, public order,
public morality or public health, or
(b) for the protection of the rights or freedoms of other
persons,
unless the law is shown not to be reasonably justifiable
in a society that has a proper respect for the rights and freedoms
of the individual.

(7) Clause (1) (b) shall not affect any discretion relating to the
institution, conduct or discontinuance of civil or criminal
proceedings in any court that is vested in any person by this
Constitution or any other law.
Article 15 Protection
from depriva-
(1) No property of any description shall be compulsorily taken tion of
possession of and no interest in or right over property of any property
description shall be compulsorily acquired except by or under a
law that -
(a) prescribes the principles on which and the manner in
which compensation therefore is to be determined and
given; and
(b) secures to any person claiming an interest in or right
over the property a right of access to the courts for the
purpose of-
(i) establishing his interest or right (if any);
(ii) determining the amount of the compensation to
which he may be entitled; and
(iii) enforcing his right to any such compensation.
(2) Nothing in this article shall invalidate any law by reason
only that it provides for the taking possession of any property or
the acquisition of any interest in or right over property -
(a) in satisfaction of any tax, rate or due;
(b) by way of penalty for breach of the law or forfeiture in
consequence of a breach of the law;
(c) by way of taking a sample for the purposes of any law;
(d) as an incident of any deposit required to be made with
Government of a reasonable number of copies of every
book, magazine, newspaper or other printed work
published in Trinidad and Tobago;







(e) where the property consists of an animal, upon its being
found trespassing or straying;
(f) as an incident of a lease, tenancy, mortgage, charge, bill
of sale or any other right or obligation arising under a
contract;
(g) by way of requiring persons carrying on business in
Trinidad and Tobago to deposit money with Government
or an agency of Government for the purpose of control-
ling credit or investment in Trinidad and Tobago;
(h) by way of the vesting and administration of trust
property, enemy property, the property of deceased
persons, persons of unsound mind or persons adjudged
or otherwise declared bankrupt or the property of com-
panies or other societies (whether incorporated or not) in
the course of being wound up;
(i) in the execution of judgments or orders of courts;
(j) in consequence of any law with respect to the limitation
of actions;
(k) by reason of its being in a dangerous state or injurious
to the health of human beings, animals or plants;
(1) for the purpose of marketing property ofthat descrip-
tion in the common interests of the various persons
otherwise entitled to dispose of that property;
(m) for so long only as may be necessary for the purpose of
an examination, investigation, trial or enquiry or, in the
case of land, the carrying out on the land-
(i) of work of soil conservation or the conservation of
other natural resources;
(ii) of agricultural development or improvement which
the owner or occupier of the land has been required
and has without reasonable and lawful excuse re-
fused or failed to carry out.

EMERGENCY PROVISIONS
Period of Article 16
public
emergency (1) In this Chapter "period of public emergency" means any
period during which -
(a) Trinidad and Tobago is engaged in any war; or
(b) there is in force a proclamation by the President de-
claring that a public emergency exists.

(2) A proclamation made by the President under clause (1) (b)
shall not be effective unless it contains a declaration that the
President is satisfied -







(a) that a public emergency has arisen as a result of the
imminence of a state of war between Trinidad and To-
bago and a foreign State;
(b) that a public emergency has arisen as a result of any
earthquake, hurricane, flood, fire, outbreak of pestilence
or of infectious disease, or other calamity whether simi-
lar to the foregoing or not; or
(c) that action has been taken, or is immediately threatened
by any person, of such a nature and on so extensive a
scale as to be likely to endanger the public safety or to
deprive the community or any substantial portion of
the community of supplies or services essential to life.

(3) Within three days of the making of the proclamation, the
President shall deliver to the Speaker for presentation to the
National Assembly a statement setting out the specific grounds on
which the decision to declare the existence of a state of public
emergency was based, and a date shall be fixed for a debate on
this statement as soon as practicable but in any event not later
than fifteen days from the date of the proclamation.

(4) (a) A proclamation made by the President for the purposes
of and in accordance with this article shall, unless previously
revoked, remain in force for fifteen days.
S(b) Before its expiration the proclamation may be extended
from time to time by resolution supported by a simple majority
vote of the Assembly provided that no extension exceeds three
months and the extensions do not in the aggregate exceed six
months.
(c) The proclamation may be further extended from time to
time, for not more than three months at any one time, by a
resolution supported by the votes of not less than three-fifths of
the total membership of the Assembly.
(d) The proclamation may be revoked at any time by a
resolution supported by a simple majority vote of the Assembly.

Article 17 Suspension
of right to
(1) Subject to this article, nothing in article 3 (which provides personal
for the protection of the right to personal liberty) shall invalidate liberty
any law in so far as the law authorises the taking during a period durine
of public emergency of measures that are reasonably required for
the purpose of dealing with the situation that exists during that
period of emergency.

(2) (a) Where during a period of public emergency in peace-
time preventive detention is authorised by law, no person shall be
kept in preventive detention for a longer period than two months
unless a tribunal (referred to in this article as a review tribunal)







has reported before the expiration of that period that in its opinion
sufficient cause has been shown for the detention.
(b) The period of two months may consist of an aggregate
of two or more shorter periods if the period intervening between
the end of any of such shorter periods and the beginning of the
next is less than two months.
(c) A person who has been detained under any law pro-
viding for preventive detention and who has been released from
detention in consequence of a report of a review tribunal that in
its opinion sufficient cause has not been shown for his detention
shall not again be held in preventive detention within a period of
six months from his release, except as provided in paragraph (d)
of this clause.
(d) If at any time within that period of six months a review
tribunal reports that in its opinion there appear prima facie to be
new and reasonable grounds for the detention, it shall be per-
missible to detain the person on the new grounds subject to para-
graph (a) of this clause.
(e) A review tribunal for the purposes of this article shall be
an independent and impartial tribunal established by law
consisting of a chairman (who shall be a legal practitioner of not
less than seven years standing) appointed by the President on the
advice of the Chief Justice and two other members appointed by
the President in his discretion.
(f) At least one review tribunal shall be appointed within
seventy-two hours of the commencement of the period of public
emergency.
(3) ,(a) During a period of public emergency arising under
article 16 (1) (a) by reason of the existence of a state of war, if
any person (other than an alien enemy) held in preventive
detention so requests, his case shall be reviewed by a review
tribunal.
(b) A person may make a request under paragraph (a) of
this clause at any .time during his detention but not earlier than
six months after he last made such a request during the same
period of detention.
(c) On any review by a review tribunal of the case of a de-
tained person under paragraph (a) of this clause, the tribunal
may make recommendations concerning the necessity or expe-
diency of continuing his detention to the authority by whom it
was ordered but, unless otherwise provided by law, that authority
shall not be obliged to act in accordance with thos6 recommen-
dations.
(4) Where a person, other than an alien enemy in time of war,
is held in preventive detention during a period of public
emergency, the following provisions shall apply;
(a) he shall, as soon as is reasonably practicable and in any







case not later than five days after the commencement of
his detention, be furnished with a statement in writing in
a language he understands specifying the grounds upon
which he has been detained;
(b) not later than fourteen days after the commencement of
his detention, a notification -shall be published in the
Gazette stating that he has been detained and giving
particulars of the provision of law under which the de-
tention is authorised;
(c) he shall be afforded reasonable facilities to consult a
legal practitioner of his choice who shall be permitted
to make representations on his behalf to a review tri-
bunal; and
(d) at the review by the tribunal, he shall be permitted to
appear in person or to be represented by a legal prac-
titioner of his choice.

Article 18
Nothing in article 6 shall invalidate a law which compels any
person to perform forced labour which is reasonably required for
the purpose of dealing with the situation that exists during any
period of public emergency arising out of Trinidad and Tobago
being at war or arising as a result of any hurricane, earthquake,
flood, fire or other like calamity which threatens the life or well-
being of the community.

Article 19
Nothing in article 14 (which provides for protection from
discrimination) shall invalidate a law in so far as the law makes
provision for the taking during a period of public emergency of
measures for dealing with a situation which exists during that
period if such measures are reasonably justifiable in a society
that has a proper respect for the rights and freedoms of the in-
dividual.

Article 20
(1) An Act of Parliament that is a law to which article 17 (1),
18 or 19 applies (in this article called an emergency Act) shall
expressly provide that it is not to have effect except during a
period of public emergency.

(2) A statutory instrument made under an emergency Act shall
only apply to a particular period of emergency specified in the
instrument and it shall expire at the end of that period.

(3) Notwithstanding the validity of an emergency Act, any act
done under it (including any subsidiary legislation made under it)
shall be invalid if it is not reasonably required for the purpose of
dealing-with the actual situation with respect to which it is done.


Suspension
of freedom
from forced
labour
during
emergency




Suspension of
protection
from discrimi-
nation during'
emergency





Emergency
Acts






GENERAL PROVISIONS
Suspension Article 21
of other
rights in (1) Where any article of this Chapter contains a provision to the
interest effect that a law which derogates from any fundamental right
of defence,
etc. guaranteed by this Chapter shall not be invalid by reason of such
derogation if it is reasonably required in the interest of defence,
public safety, public order, public morality or public health or for
the purpose of protecting the rights and freedoms of other persons,
that provision shall only apply to an Act if -
(a) the Act provides that it is not to have effect except dur-
ing periods of public emergency; or
(b) the Bill for the Act is supported on its final reading in
the National Assembly by the votes of at least three-
fifths of the total membership of the Assembly.

(2) Clause (1) of this article does not apply to -
(a) a law (in this article called an "existing law") that had
effect as part of the law of Trinidad and Tobago im-
mediately before the commencement of this Constitution
and has continued at all times to have effect as part of
the law of Trinidad and Tobago since that date;
(b) a law that repeals and re-enacts an existing law without
alteration; or
(c) a law that alters an existing law but does not thereby
cause that law to derogate from any fundamental right
guaranteed by this Chapter in a manner in which or to
an extent to which it did not previously derogate from
that right.

(3) In clause (2) (c) of this article the reference to alteration of
an existing law includes reference to repealing it and re-enacting
it with modifications or making different provisions in place of
it or to modifying it.

Act under Article 22
valid law
may be (1) (a) This clause applies to a law which, under article 7(2)
invalid (a), 8(3)(f), 9(6)(a), 10(3)(a), 10(3)(b), 11(2)(a), ll(2)(bh, 12(2),
13(3)(a) or 14(6) is valid if reasonably required in the interest
of defence, public safety, public order, public morality or public
health or for the protection of the rights and freedoms of other
persons.
(b) Notwithstanding the validity of a law to which this
clause applies, any act done under it (including any subsidiary
legislation made under it) shall be invalid if such act is not reason-
ably required (for any of the purposes specified in the provision
concerned) in the actual circumstances in which it is done.







(2) (a) This clause applies to a law which under article 7(2),
8(3), 9(6)(a), 10(3), 11(2), 12(2), 13(3)(a) or 14(6) is valid
unless it is shown not to be reasonably justifiable in a society that
has a proper respect for the rights and freedoms of the individual.
(b) Notwithstanding the validity of a law to which this ar-
ticle applies, any act done under it (including any subsidiary
legislation made under it) shall be invalid if the act is shown not
to be reasonably justifiable in a society that has a proper respect
for the rights and freedoms of the individual.

Article 23
Notwithstanding the validity under the provisions of this Chapter
of a law under which any person is arrested, detained, questioned
or searched, or his property entered upon or searched, action taken
under that law for any of these purposes shall be unlawful in so far
as the force used or the conduct of the persons taking the action
is excessive or oppressive in the actual circumstances of the case.

Article 24
Where by the infringement of a fundamental right guaranteed to
any person by any of the provisions of this Chapter any evidence
of whatever nature of the facts or circumstances of a crime is
obtained, such evidence shall be inadmissible in any criminal
proceedings.

Article 25
(1) If any person alleges that any provision of this Chapter has
been, is being or is likely to be, contravened in relation to him,
then, without prejudice to any other action with respect to the
same matter which is lawfully available, that person may apply to
the High Court for redress.

(2) The High Court shall have original jurisdiction -
(a) to hear and determine any application made by any
person under clause (1); and
(b) to determine any question arising in the case of any
person which is referred to it in pursuance of clause (3)
of this article,
and may issue such writs, give such directions, and make such
orders (including an order for compensation) as it may consider
appropriate for the purpose of enforcing or securing the enforce-
ment of any of the provisions of this Chapter to the protection of
which the applicant is entitled.

(3) If in any proceedings in any court other than the High Court
or the Court of Appeal any question arises as to the contravention


Action under
valid law
invalid if
excessive or
oppressive




Evidence
inadmissible
if obtained
unconstitu-
tionally


Enforcement
of protective
provisions







of any of the provisions of this Chapter, the person presiding in
that court may refer the question to the High Court, and he shall
do so if any party to the proceedings so requests unless in his
opinion the raising of the question is frivolous or vexatious.

(4) Any person aggrieved by any decision of the High Court
under this article may appeal against the decision to the Court of.
Appeal.

(5) The authority empowered by law to make rules of court for
the Supreme Court shall make rules of court to regulate the
practice and procedure -
(a) of the High Court in relation to the jurisdiction and
powers conferred upon it by this article;
(b) of the High Court and Court of Appeal in relation to
appeals to the Court of Appeal from decisions of the
High Court in the exercise of such jurisdiction; and
(c) of other courts in relation to references to the High
Court under clause (3) of this article,
and shall include provisions with respect to the time within which
any application, reference or appeal shall or may be made or
brought.

(6) Notwithstanding the failure of a claimant to establish his
claim in any proceedings for the enforcement of a right
guaranteed by this Chapter, if the High Court is satisfied that -
(a) the point of law raised in the proceedings is one of
public importance; or
(b) it was reasonable to institute proceedings in the parti-
cular circumstances of the case,
the court may order costs in the proceedings to be paid by the
State.

(7) The High Court and the Court of Appeal shall have and may
exercise all those powers that appear to them to be necessary for
the purpose of enabling them to exercise effectively the jurisdiction
conferred upon them by this article.
Interpre- Article 26
station of
Chapter (1) In this Chapter -
"court" means a court established by the law of Trinidad and
Tobago and includes, in relation to an offence under service
law, any authority lawfully exercising disciplinary powers
under that law; but in articles 3(2)(g), 3(2)(h), 3(2)(i), 4(1),
4(5)(c), 4(8), 4(9), 4(10), 4(11) and 15(1)(b) the expression
does not include a court established under service law;







"disciplined force" means

(a) a naval, military or air force;
(b) the police service;
(c) the prison service;
(d) the fire service; or
(e) a national service force;
"legal practitioner" means a person entitled to be in or to enter
Trinidad and Tobago who is entitled to perform the functions
of a barrister or a solicitor or both in Trinidad and Tobago
and, in relation to legal representation in any court or
tribunal, means a legal practitioner having the right of
audience in that court or tribunal.
"member", in relation to a disciplined force, includes any person
who under the law regulating the discipline of that force is
subject to that discipline;

"national service force" means a force established by law in
which persons are required to undergo training and to do
service of a mainly non-military character aimed at promoting
general physical fitness, developing national consciousness
and solidarity and instilling a spirit of service to the
community;
"preventive detention" means detention in the interest of
national security which is not authorised by article 3 (2);
"service law" means the law regulating the discipline of a
disciplined force.

(2) Nothing done by or under the authority of the law of any
country other than Trinidad and Tobago to a member of an
armed force raised under that law and lawfully present in Trinidad
and Tobago shall be held to be in contravention of this Chapter.







CHAPTER 2


DIRECTIVE PRINCIPLES OF GOVERNMENT
AND
FUNDAMENTAL DUTIES OF THE PEOPLE

Application Article 27
of provisions
of Chapter The provisions of this Chapter are not enforceable in any court
but the effective operation of this Constitution is dependent upon
the due observance by Government of the directive principles and
upon the proper performance by the people of Trinidad and To-
bago of the fundamental duties set out in this Chapter.
Directive Principles of Government
Directive Article 28
principles
In regulating the affairs of Trinidad and Tobago the State
shall-
(a) direct its policy to organising an economic system based on
principles of social justice and aimed at providing an ade-
quate standard of living for all;
(b) aim at providing work for all and ensuring that everyone
receives a share in the product of labour in conformity with
his contribution;
(c) seek to regulate the use of the resources of Trinidad and
Tobago so that they serve the people as a whole and satisfy
their wants without undue destruction of the physical en-
vironment;
(d) seek to regulate the economy in order to ensure efficiency
in the production and distribution of goods and to protect
the public against exploitation;
(e) in the enterprises which are nationally controlled, endea-
vour to increase participation by the workers in the pro-
cesses of management;
(f) actively promote all forms of co-operatives as a desirable
method of increasing the wealth of the Nation and en-
suring its fair distribution;
(g) seek to provide an all-embracing system of social security
for the protection of the citizen against economic distress
resulting from old age, illness, disability, unemployment or
other misfortune;
(h) plan towards providing a system of free education aimed
at giving an opportunity to all to achieve a rounded devel-
opment of their physical, intellectual and moral faculties
so that they can fit productively into the life of the com-
munity; and







(i) strive to promote Caribbean regional co-operation in all
spheres of activity.

Fundamental Duties of the People
Article 29 Fundamental
duties
Every person in Trinidad and Tobago has the following fun-
damental duties-
(a) to obey and act in the spirit of the Constitution and the
laws of the State;
(b) to exercise the rights granted to him under the Constitution
and use the opportunities made available to him under it
to participate in the government of the Nation;
(c) to protect the State, safeguard its wealth and its resources
and promote their development;
(d) to work according to his capacity in useful employment,
creating for himself opportunities for such labour where
none may seem immediately available;
(e) to respect the rights and freedoms of other persons without
regard to race, sex or creed and to co-operate fully with
them in order to achieve national progress;
(f) to contribute in proportion to his means to the revenues
required for providing for public services; and
(g) to recognize that he can fully develop his capabilities and
advance his true interests only by active participation in
the development of the society as a whole.







CHAPTER 3


CITIZENSHIP

Article 30
Any person who became a citizen by birth under section 9 (1)
or a citizen by descent under section 9 (2) of the former Constitu-
tion,* and who has not ceased to be a citizen under that Con-
stitution, shall continue to be a citizen under this Constitution.


Continuation Article 31
of citizenship of
citizens by Any person who became a citizen of Trinidad and Tobago by
registration et virtue of registration under the former Constitution or by virtue
n of an acquisition of citizenship under Part II of the Trinidad and
Act No. 11 of Tobago Citizenship Act 1962, and who has not ceased to be a
1962 citizen under any law in force in Trinidad and Tobago, shall con-
tinue to be a citizen under this Constitution.


Acquisition of
citizenship by
birth or
descent.
Continuation of
citizenship.
Retrospective
citizenship


Article 32
(1) (a) Subject to paragraph (b) of this clause, every person
born in Trinidad and Tobago after the commencement of this
Constitution shall become a citizen of Trinidad and Tobago at
the date of his birth.
(b) A person shall not become a citizen of Trinidad and
Tobago by virtue of paragraph (a) of this clause if at the time of
his birth-
(i) neither of his parents is a citizen of Trinidad and To-
bago and either of them possesses such immunity from


*Section 9 of the former Constitution provided as follows:

"9 (1) Every person who, having been born in Trinidad or in Tobago, was on the 30th
August 1962 a citizen of the United Kingdom and Colonies shall become a citizen of
Trinidad and Tobago on the 31st August 1962.
(2) Every person who, having been born neither in Trinidad nor in Tobago, was on
the 30th August 1962 a citizen of the United Kingdom and Colonies shall, if his father
becomes or would but for his death have become a citizen of Trinidad and Tobago in
accordance with the provisions of subsection (1) of this section, become a citizen of Trini-
dad and Tobago on 31st August 1962."

As regards the reference to "father" section 18 (2) of the former Constitution provided
as follows:
"18 (2) Any reference in this Chapter to the father of a person shall, in relation to a per-
son born out of wedlock and not legitimate, be construed as a reference to the mother
of that person."


Continuation
of citizen-
ship of
citizens under
section 9 of
former
Constitution







suit and legal process as is accorded to an envoy of a
foreign sovereign power accredited to Trinidad and To-
bago; or
(ii) either of his parents is an enemy alien and the birth
occurred in a place then under occupation by the
enemy.

(2) A person born outside Trinidad and Tobago after the
commencement of this Constitution shall become a citizen of
Trinidad and Tobago at the date of his birth if at that date either
of his parents is a citizen of Trinidad and Tobago otherwise than
by descent.

(3) Any person who became a citizen by birth under section
12 (1) or a citizen by descent under section 12 (2) of the former
Constitution,* and who has not ceased to be a citizen under that
Constitution, shall continue to be a citizen under this Constitution.

(4) A person born outside Trinidad and Tobago after the 30th
August 1962 whose mother was a citizen of Trinidad and Tobago
otherwise than by descent at the date of his birth but who did not
become a citizen at that date shall be deemed to have become a
citizen at that date and shall continue to be a citizen of Trinidad
and Tobago under this Constitution.

Article 33 Marriage to
citizen of
(1) Any woman who on the 31st August 1962 was or had Trinidad and
been married to a person- Tobago
(a) who became a citizen of Trinidad and Tobago by virtue
of section 9 of the former Constitution; or


*Section 12 of the former Constitution provided as follows:
"12 (1) Every person born in Trinidad and Tobago after the 30th August 1962 shall be-
come a citizen of Trinidad and Tobago at the date of his birth:
Provided that a person shall not become a citizen of Trinidad and Tobago by virtue of
this subsection if at the time of his birth -
(a) neither of his parents was a citizen of Trinidad and Tobago and his father
possessed such immunity from suit and legal process as is accorded to an
envoy of a foreign sovereign power accredited to Trinidad and Tobago; or
(b) his father was an enemy alien and the birth occurred in a place then under
occupation by the enemy.

(2) A person born outside Trinidad and Tobago after the 30th August 1962 shall
become a citizen of Trinidad and Tobago at the date of his birth if at that date his father is a
citizen of Trinidad and Tobago otherwise than by virtue of this subsection or subsection (2) of
section 9 of this Constitution."
As regards the reference to "father", see the footnote at page 24.






(b) who having died before the 31st August 1962 would but
for his death have become a citizen of Trinidad and To-
bago by virtue of that section,
shall be entitled, upon making application in such manner as may
be prescribed by Parliament and, upon taking the oath of
allegiance, to be registered as a citizen of Trinidad and Tobago.

(2) Any woman who between the 30th August 1962 and the
commencement of this Constitution married a person who at the
date of the marriage was or who later became a citizen of Trinidad
and Tobago shall be entitled, upon making such application and
upon taking such oath of allegiance as may be prescribed by
Parliament, to be registered as a citizen of Trinidad and Tobago.

(3) A person who at the date of commencement of this Con-
stitution is married to, or who after that date marries, a person
who is or becomes a citizen of Trinidad and Tobago shall be
entitled, upon making such application and upon taking such oath
of allegiance as may be prescribed by Parliament, to be registered
as a citizen of Trinidad and Tobago.

(4) A person who is a citizen of a country other than Trinidad
and Tobago shall not be entitled to be registered as a citizen of
Trinidad and Tobago under clause (1), (2) or (3) of this article
unless he renounces his citizenship of that other country and re-
gisters such declaration of his intention concerning residence or
employment as may be prescribed by Parliament.

(5) Where a person cannot renounce his citizenship of the other
country under the law ot that country, he may instead make such
declaration concerning that citizenship as may be prescribed by
Parliament.

Dual Citizen- Article 34
ship
(1) A citizen of Trinidad and Tobago shall cease to be such a
citizen if he acquires the citizenship of another country by
voluntary act other than marriage.

(2) A citizen of Trinidad and Tobago by birth or descent who
ceased to be a citizen by reason of the voluntary acquisition of
citizenship of another country shall re-acquire citizenship of
Trinidad and Tobago if he renounces his citizenship of the other
country and registers such declaration of his intention concerning
residence and employment as may be prescribed by Parliament.

(3) Any person who ceased to be a citizen of Trinidad and
Tobago under the former Constitution by reason of his failure
to renounce his citizenship of another country shall, if the citizen-
ship of that other country was acquired involuntarily or by
marriage, be deemed not to have ceased to be a citizen by reason






of such failure; and, unless he has since acquired citizenship of a
foreign country by voluntary act other than marriage, he shall
continue to be a citizen under this Constitution.

Article 35
Where a person who is not a citizen or national of any other
country renounces his citizenship of Trinidad and Tobago but has
not become a citizen or national of another country within six
months of the renunciation, he shall be deemed to have remained
and shall continue to be a citizen of Trinidad and Tobago not-
withstanding the renunciation.

Article 36
(1) Every person who under this Constitution or any Act of
Parliament is a citizen of Trinidad and Tobago or under any law
for the time being in force in any country to which this article
applies is a citizen of that country shall, by virtue of that citizen-
ship, have the status of a Commonwealth citizen.

(2) Every person who is a British subject without citizenship
under the British Nationality Act, 1948, of the United Kingdom or
who continues to be a British subject under section 2 of that Act
shall, by virtue of that status, have the status of a Commonwealth
citizen.

(3) Save as may be otherwise provided by Parliament the
countries to which this section applies are Australia, the Bahamas,
Bangladesh, Barbados, Botswana, Britain, Canada, Cyprus, Fiji,
The Gambia, Ghana, Guyana, India, Jamaica, Kenya, Lesotho,
Malawi, Malaysia, Malta, Mauritius, Nauru, New Zealand,
Nigeria, Sierra Leone, Singapore, Sri Lanka, Swaziland, Tanzania,
Tonga, Uganda, Western Samoa and Zambia.

Article 37
(1) A Commonwealth citizen who is not a citizen of Trinidad
and Tobago, or a citizen of the Republic of Ireland who is not a
citizen of Trinidad and Tobago, shall not be guilty of any offence
against any law in force in Trinidad and Tobago by reason of
anything done in any part of the Commonwealth other than Trini-
dad and Tobago or in the Republic of Ireland or in any foreign
country unless-
(a) the act would be an offence if he were an alien; and
(b) in the case of an act in any part of the Commonwealth
or in the Republic of Ireland, it would be an offence if
the country in which the act was done were a foreign
country.

(2) In this article "foreign country" means a country, other than
the Republic of Ireland, that is not part of the Commonwealth.


Retention of
citizenship
after renun-
ciation in
special case


Commonwealth
citizens







11& 12 Geo. 6
c. 56


Criminal
liability of
Commonwealth
citizens






Power to Article 38
make laws
Parliament may make provision -
(a) for the acquisition of citizenship of Trinidad and Tobago
by persons who are not, or do not become, citizens of
Trinidad and Tobago by virtue of this Chapter;
(b) for depriving of his citizenship of Trinidad and Tobago
any citizen of Trinidad and Tobago other than a citizen
by birth or descent;
(c) for the renunciation by any person of his citizenship of
Trinidad and Tobago.

Interpretation Article 39
(1) In this Chapter -
"alien" means a person who is not a Commonwealth citizen, a
British protected person or a citizen of the Republic of
Ireland;
"British protected person" means a person who is a British
11 & 12 Geo. 6. protected person for the purposes of the British Nationality
c.56 Act, 1948, of the United Kingdom;

"citizen by birth" means a person-
(a) who is a citizen of Trinidad and Tobago under article
32(1) of this Constitution; or
(b) who became a citizen of Trinidad and Tobago under
section 9(1) or 12(1) of the former Constitution;
"citizen by descent" means a person -
(a) who is a citizen of Trinidad and Tobago under article
32(2) of this Constitution; or
(b) who became a citizen of Trinidad and Tobago under
section 9(2) or 12(2) of the former Constitution;
"the 'former Constitution" means the Trinidad and Tobago
Constitution set out in the Second Schedule to the Trinidad
and Tobago (Constitution) Order in Council, 1962.

(2) Any reference in this Chapter to the father of a person or
to the parents of a person shall, in relation to a person born out
of wedlock and not legitimate, be construed as a reference to
the mother of that person.

(3) For the purposes of this Chapter, a person born aboard a
registered ship or aircraft or aboard an unregistered ship or aircraft
of the government of any country shall be deemed to have been
born in the place in which the ship or aircraft has been registered
or, as the case may be, in that country.






(4) Any reference in this Chapter to the national status of the
father of a person at the time of that person's birth shall, in
relation to a person born after the death of his father, be construed
as a reference to the national status of the father at the time of the
father's death; and where that death occurred before the 31st
August 1962 and the birth occurred after the 30th August 1962,
the national status that the father would have had if he had died
on the 31st August 1962 shall be deemed to be his national status
at the time of his death.






CHAPTER 4


Establishment
of offices and
election of
President and
Vice-President.


THE PRESIDENT AND VICE-PRESIDENT
Article 40
(1) There shall be a President of Trinidad and Tobago elected
in accordance with the provisions of this Chapter who shall be
the Head of State and Commander-in-Chief of the armed forces.

(2) There shall be a Vice-President of Trinidad and Tobago
elected in accordance with the provisions of this Chapter who, in
addition to being Speaker of the National Assembly by virtue of
article 60 (1) of this Constitution, shall perform the functions of
President during any period when the office of President is vacant,
or the President is absent from Trinidad and Tobago or is for any
other reason unable to perform the functions of his office.


Qualifications Article 41
and disqualifica-
tions for office of (1) (a) A person shall be qualified to be nominated for election
President or as President or as Vice-President if, and shall not be so qualified
unless, he is a citizen of Trinidad and Tobago of the age of
thirty-five years or upwards who at the date of his nomination
has resided in Trinidad and Tobago for a period of at least five
years.
(b) For the purposes of this clause a person shall be
deemed to reside in Trinidad and Tobago if he holds an office in
the service of the Government of Trinidad and Tobago and lives
outside Trinidad and Tobago because he is required to do so for
the proper discharge of his functions.

(2) No person shall be qualified to be nominated for election as
President or Vice-President if he is disqualified for election as a
member of the National Assembly by virtue of article 62 (1) or
any law made under paragraph (b), (c) or (d) (iii) of article 62 (2)
or if he is the holder of any office to which article 151 or 153
applies.


Article 42
(1) If a member of the National Assembly is elected as President
or as Vice-President, his seat in the Assembly shall thereupon
become vacant.

(2) Neither the President nor the Vice-President shall hold any
other office of emolument or profit whether in the public service
or otherwise.

(3) The salary and allowances of a President or of a Vice-
President and his other terms of service shall not be altered to his
disadvantage after he has assumed office.


Other condi-
tions of
office






Article 43 Transitional
provision
The person holding the office of Governor-General of
Trinidad and Tobago at the commencement of this Constitution
shall hold the office of President under this Constitution until a
President is elected under the provisions of this Chapter.

Article 44 Holding of
elections for
(1) The Deputy Speaker of the National Assembly shall be President and
responsible for the holding of elections for President and for Vice- Vice-President
President.

(2) The date of every election under this article shall be
announced in the Gazette by the Deputy Speaker such number of
days in advance as may be prescribed by Parliament.

(3) (a) Elections for President and Vice-President shall be held
not more than one hundred and twenty days nor less than ninety
days after the first sitting of the Assembly under this Constitution.
(b) Thereafter, elections for President and Vice-President
shall be held not more than sixty nor less than thirty days before
the expiration of the term of these offices.

(4) Where either the office of President or of Vice-President
becomes vacant under article 52 before the expiration of the term
of that office prescribed by article 51, an election shall be held to
fill the vacancy within ninety days of the occurrence of the
vacancy.

Article 45 Where both
offices vacant
Where both the offices of President and of Vice-President
are vacant and there is no person entitled by election under article
44 to fill either of these offices, then until a person is elected under
that article, the functions of President shall be performed by the
Chairman of the Public Service Commission.

Article 46 Electoral
College
(1) There shall be an Electoral College for the purposes of this
Chapter which shall be a unicameral body consisting of all the
members of the National Assembly and all the members of the
local government authorities of Trinidad and Tobago assembled
together.

(2) The Electoral College shall be convened by the Deputy
Speaker.

(3) The Deputy Speaker shall preside as Chairman over the
proceedings of the Electoral College and shall have an original
vote only.






(4) Subject to this article, the Electoral College may regulate
its own procedure and may make provision for the postponement
or adjournment of its meetings and such other provision as may
be necessary to deal with difficulties that may arise in the carry-
ing out of elections under this Chapter.

(5) For the purposes of this article -
"local government authority" means an elective body
established by law for the purpose of carrying out the
functions of local government with respect to any area of
Trinidad and Tobago; and where a. local government
authority is only partly elective the expression shall be
construed as having reference only to members elected
directly by the electorate;
"elective body" means a body consisting wholly or partly of
members elected directly by the electorate;
"members elected directly by the electorate" includes any
person designated, or selected in any manner, to fill a
vacancy on an authority under a system of proportional
representation.
Mode of Article 47
elections
(1) The President and the Vice-President shall be elected by
the Electoral College voting by secret ballot.

(2) (a) A person who is a member of the Electoral College by
reason of his membership of the National Assembly shall have a
number of votes at each ballot equal to the total number of
seats in all the local government authorities of Trinidad and
Tobago; and a person who is a member of the Electoral College
by reason of his membership of a local government authority
shall have a number of votes at each ballot equal to the total
number of seats in the National Assembly.
(b) In calculating the total number of seats in the National
Assembly or in the local government authorities for the purposes
of this clause, vacant seats shall not be counted.

(3) A member of the Electoral College shall, if he votes at any
ballot, cast all his votes for one candidate.

(4) Elections for President and for Vice-President under ar-
ticle 44(3) shall take place at the same meeting of the Electoral
College but on separate ballots, the election for President pre-
ceding the election for Vice-President.

Nomination Article 48
of candidates
(1) A person shall not be a candidate for election as President
or as Vice-President unless he is nominated for election by a
nomination paper which -







(a) is signed by him and by twelve or more elected mem-
bers of the Assembly; and
(b) is delivered to the Deputy Speaker at least seven days
before the election.

(2) At an election under article 44 (3) a person may be
nominated for both the offices of President and of Vice-President.

Article 49 Procedure for
balloting
(1) The Electoral College shall aim at securing an election of a
President or of a Vice-President based on a general consensus of
its members and, except on a final ballot under clause (6) of this
article, no candidate shall be declared elected unless he is
unopposed or on a ballot he obtains the votes of two-thirds or
more of the total number of votes of all the members of the
College.

(2) Where on any ballot there are more than two candidates and
no candidate obtains the required majority to be declared elected,
then the candidate who obtains the lowest number of votes on that
ballot shall be eliminated from subsequent ballots.

(3) So long as there are more than two candidates, successive
ballots shall be held until either a candidate obtains the required
majority to be declared elected or the number of candidates is
reduced to two by reason of the operation of clause (2) of this
article.

(4) A further ballot shall then be held and if neither candidate
obtains the required majority to be declared elected, the Chairman
shall adjourn the meeting to the following day.

(5) On the resumption of the meeting of the College a ballot
shall be held and if neither candidate obtains the required ma-
jority to be declared elected, the Chairman shall announce the
final ballot for the election.

(6) On the final ballot, the candidate who obtains a majority of
the votes cast shall be declared elected.

Article 50 Determination
of questions
(1) Subject to clause (2) of this article, an instrument which as to election
(a) in the case of an uncontested election for the office of
President or of Vice-President, is signed and sealed by
the Deputy Speaker and states that a person named in
the instrument was the only person nominated for the
election and was in consequence declared elected as
President or as Vice-President, as the case may be; or







(b) in the case of a contested election-
(i) is signed and sealed by the person who presided at
the meeting of the Electoral College at the time of
the final ballot; and
(ii) states that a person named in the instrument was
declared elected as President or as Vice-President
as the case may be, at that meeting in consequence
of the ballot,
shall be conclusive evidence that the person so named was so
elected, and no question as to the validity of the election of the
person so named shall be inquired into in any court.

(2) The Court of Appeal shall have exclusive jurisdiction to hear
and determine any question as to the validity of an election of a
President or a Vice-President in so far as that question depends
upon the qualification of any person for election or the interpreta-
tion of this Constitution, and the decision of that Court under this
clause shall be final.

(3) Parliament may make provision with respect to the persons
by whom, the manner in which and the conditions upon which
the proceedings under clause (2) of this article may be instituted
in the Court of Appeal and, subject to any provisions so made,
provision may be made with respect to these matters by rules of
court.

Term of Article 51
office
(1) (a) A President or a Vice-President elected at an election
under article 44 (3) shall hold office for a term of five years, and
where for any reason the President and the Vice-President take up
office on different dates, the terms of both offices shall be deemed
to have commenced on the earlier of the two dates.
(b) Parliament may make provision for the postponement "f
the date of expiration of the term of office of the President and
the Vice-President under paragraph (a) of this clause (for a period
not exceeding four months) in order to avoid the holding of an
election for those offices -
(i) during a period of dissolution of Parliament or at a
time too close to the beginning or to the end of such
a period; or
(ii) during a period when owing to a dissolution of local
government authorities or to the expiration of the
terms of office of members of local government
authorities before elections have been held for mem-
bers to fill the vacancies so caused, there are an
unduly large number of vacant seats on the local
government authorities.
(c) Where for any reason at the date on which the terms of







office of the President and of the Vice-President are due to ex-
pire under paragraph (a) or (b) of this clause there is no person
entitled by election under article 44(3) to fill the office of either
the President or the Vice-President upon its expiration, the cur-
rent terms of these offices shall continue until thirty days after a
person is elected either to the office of President or to the office
of Vice-President, whereupon the current terms of both these
offices shall expire.

(2) Where a person is elected to fill a vacancy in the office of
President or of Vice-President in an election under article 44 (4)
he shall hold office only for the unexpired portion of the term of
office of his predecessor.

Article 52 Vacation
of office
(1) The office of President or of Vice-President shall become
vacant before the expiration of the term of his office as prescribed
by article 51 if-
(a) the person holding that office dies or resigns the office
by writing signed by him addressed to the National As-
sembly and delivered to the Clerk of the Assembly; or
(b)-he is removed from office under article 54.

Article 53 Removal from
office
(1) The President or the Vice-President may be removed from
office under article 54 if -
(a) he wilfully violates any provision of the Constitution;
(b) he behaves in such a way as to bring his office into hatred,
ridicule or contempt;
(c) he behaves in a way that endangers the security of the
State;
(d) because of physical or mental incapacity, he is unable to
perform the functions of his office.

Article 54 Procedure for
removal from
(1) A President or a Vice-President shall be removed from office
office if-
(a) a motion that his removal from office should be investi-
gated by a tribunal is proposed in the National Assembly;
(b) the motion states with full particulars the grounds on
which his removal from office is proposed, and is signed
by not less than one-third of the total membership of the
Assembly;
(c) the motion is adopted by the vote of not less than two-
thirds of the total membership of the Assembly;







(d) a tribunal consisting of the Chief Justice and four other
Judges appointed by him (being as far as practicable the
most senior judges of the Supreme Court) investigate the
complaint and report on the facts to the Assembly;
(e) the Assembly considers the report and by resolution
supported by the votes of not less than two-thirds of the
total membership of the Assembly declares that he shall
be removed from office.

(2) Upon the adoption of this resolution by the Assembly, the
office shall become vacant.

Oath Article 55
(1) A President or a Vice-President shall before entering upon
the duties of his office take and subscribe the oath of office, such
oath being administered by the Chief Justice or such other Judge
of the Supreme Court as may be designated by the Chief Justice.

(2) Clause (1) shall apply to any person required under this
Constitution to perform the functions of the office of President or
of the office of Vice-President as it applies to a person elected as
such.

Immunities of Article 56
President
(1) Subject to article 54, the President shall not be answerable
to any court for the performance of the functions of his office or
for any act done by him in the performance of those functions.

(2) Without the fiat of the Attorney-General, no criminal pro-
ceedings shall be instituted or continued against the President in
any court during his term of office and no process for the Presi-
dent's arrest or imprisonment shall be issued from any court or
shall be executed during his term of office.

(3) (a) No civil proceedings in which relief is claimed against
the President shall be instituted during his term of office in any
court in respect of any act done by him in his personal capacity
whether before or after he entered the office of President, except
on the condition specified in paragraph (b) of this clause.
(b) The condition referred to in paragraph (a) of this clause
is that two months must elapse after a notice in writing has been
served on him (either by registered post or by being left at his
office) stating the nature of the proceedings, the cause of action,
the name, description and address of the party instituting the
proceedings and the relief claimed.






(4) A period of limitation prescribed by law shall not run in
favour of the President in respect of a civil action during the
period of two months after a notice in respect of that action has
been served on him under clause (3) (b) of this article.






CHAPTER 5


PARLIAMENT

Part 1
Composition of Parliament
Parliament Article 57

There shall be a Parliament of Trinidad and Tobago
consisting of the President and a National Assembly.

National Article 58
Assembly
The National Assembly shall consist of the Speaker and
members qualified under Part 2 and elected in the manner
provided in Part 5 of this Chapter.

Number of Article 59
elected
members The number of elected members of the National Assembly
shall be double the number of constituencies prescribed by or
under article 93.

Speaker and Article 60
Deputy Speaker
(1) (a) The person who holds the office of Vice-President of
Trinidad and Tobago under this Constitution shall ex officio be
Speaker of the National Assembly.
(b) The Speaker shall be a member of the Assembly but,
unless otherwise provided or required by the context, references
in this Constitution to members of the Assembly shall be con-
strued as not including a reference to the Speaker.

(2) When the Assembly first meets after a general election and
before it proceeds to the despatch of any other business, it shall
elect a member of the Assembly who is not a Minister or a
Parliamentary Secretary to be Deputy Speaker of the Assembly;
and if the office of the Deputy Speaker falls vacant at any time
before the next dissolution of Parliament, the Assembly shall as
soon as convenient elect another member to that office.

(3) A person shall vacate the office of Deputy Speaker -
(a) upon a dissolution of Parliament or upon otherwise
ceasing to be a member of the Assembly;
(b) if he is appointed to be a Minister or a Parliamentary
Secretary;
(c) if he announces the resignation of his office to the
Assembly or if, by writing signed by him addressed to






the Assembly and delivered to the Clerk of the As-
sembly, he resigns that office.

(4) (a) If by virtue of article 63(3)(c) the Deputy Speaker is
required to cease to perform his functions as a member of the
Assembly, he shall also cease to perform his functions as Deputy
Speaker. /
(b) If the Deputy Speaker resumes the performance of his
functions as a member of the Assembly in accordance with any
law made under article 63(3)(c), he shall also resume the per-
formance of his functions as Deputy Speaker.

Part 2

Members of the National Assembly
Article 61 Qualifications
for membership
Subject to article 62 a person shall be qualified for election of National
as' a member of the National Assembly if, and shall not be so Assembly
qualified unless, he -
(a) is a citizen of Trinidad and Tobago of the age of
eighteen years or upwards; and
(b) has resided in Trinidad and Tobago for a period of at
least two years immediately before the date of his nomi-
nation for election or is domiciled and resident in Trini-
dad and Tobago at that date.

Article 62 Disqualifications
for membership
(1) A person shall be disqualified for election as a member of of National
the National Assembly who Assembly
(a) is, by virtue of his own act, under any acknowledgment
of allegiance to a country other than Trinidad and
Tobago;
(b) is an undischarged bankrupt having been adjudged or
otherwise declared bankrupt under the law in force in
Trinidad and Tobago;
(c) is a person certified to be insane or otherwise adjudged
to be of unsound mind under any law in force in Trini-
dad and Tobago;
(d) is under sentence of death imposed on him by a court,
or is serving a sentence of imprisonment (by whatever
name called) exceeding twelve months imposed on him
by a court or substituted by a competent authority for
some other sentence imposed on him by a court, or is
under such a sentence of imprisonment the execution of
which has been suspended.






(2) Parliament may provide that a person shall be disqualified
for election as a member of the Assembly-
(a) by reason of his holding or acting in any office the func-
tions of which involve -
(i) any responsibility ?for or in connection with the
conduct of any elections; or
(ii) any responsibility for the compilation or revision of
any electoral register;
(b) by reason of his having been convicted of any offence-
(i) relating to elections;
(ii) relating to the declaration of assets, liabilities and
income under articles 65 and 66; or
(iii) relating to the excitement of hostility or ill-will
against any person or class of persons on the ground
of his or their race; or
(c) by reason of his having been reported guilty by the High
Court of any offence relating to elections in proceedings
under article 92;
(d) subject to such exceptions as may be prescribed by Par-
liament, by reason of-
(i) his holding or acting in a public office;
(ii) his belonging to any of the armed forces of Trinidad
and Tobago: or
(iii) his having an interest in a contract with the Govern-
ment of Trinidad and Tobago.

(3) For the purposes of clause (1) (d) of this article -
(a) two or more sentences of imprisonment that are re-
quired to be served consecutively shall be regarded as
separate sentences if none of these sentences 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 imprison-
ment imposed as an alternative to and in default of the
payment of a fine.

Tenure of office Article 63
of members
of National (1) Every member of the National Assembly shall vacate his
Assembly seat in the Assembly at the next dissolution of Parliament after his
election.

(2) A member of the Assembly shall also vacate his seat in the
Assembly -







(a) if he resigns it by writing signed by him addressed to
the Speaker and delivered to the Clerk of the Assembly;
(b) if he is absent from the sittings of the Assembly for
such periods and in such circumstances as may be pre-
scribed in the rules of procedure of the Assembly;
(c) if he ceases to be a citizen of Trinidad and Tobago;
(d) subject to clause (3) of this article, if any circumstances
arise that if he were not a member of the Assembly
would cause him to be disqualified for election to the
Assembly under article 62(1), 65(5) or any law enacted
under article 62 (2); or
(e) in the case of a list member or a constituency member
nominated for election by a political party-
(i) if he declares to the Speaker in writing signed by
him that he has resigned from the political party
that nominated him for election to the Assembly; or
(ii) if he is adjudged by the Court of Appeal, in accor-
dance with the criteria laid down by rules made
under article 90(l)(e), not to be supporting that
party in the Assembly.

(3) (a) Parliament may for the purpose specified in paragraph
(b) of this clause provide for the postponement upon reasonable
conditions of the date on which a member's seat shall become
vacant by reason of circumstances such as are referred to in
clause (2)(b) of this article arising as a result of the decision of
a court.
(b) The postponement shall be such as is reasonably re-
quired in order to enable the member concerned to pursue any
appeal against the decision that may be available to him.
(c) Upon the pronouncement of the decision of the court,
the member concerned shall cease to perform his functions as
a member of the Assembly and he shall resume the performance
of these functions in such circumstances as Parliament may
prescribe.


Declaration of Assets
Article 64 Parliamentary
Integrity
(1) There shall be a Parliamentary Integrity Commission con- Commission
sisting of a Chairman and three other members selected by rea-
son of their recognized ability and experience in law, finance or
accountancy.

(2) The members of the Commission shall be appointed by the
President under article 151.







(3) A member of the Commission may be removed from office
by the President after consultation with the Prime Minister, the
Leader of the Opposition and such other persons as he may think
fit, for inability to discharge the functions of his office (whether
arising from infirmity of mind or body or any other cause) or for
misbehaviour.

(4) The office of a member shall become vacant at the expira-
tion of five years from the date of his appointment or such
shorter period, not being less than three years, as may be speci-
fied at the time of his appointment.

(5) A member of the Commission shall vacate his office if with
his consent he is nominated for election to the National Assembly
or to the office of President or Vice-President.

(6) The Commission shall be provided with such staff as is re-
quired for the proper discharge of its functions.

(7) The members of the Commission and of its staff shall deal
with all information (relating to the assets, liabilities or income
of any person) coming to their knowledge in the course of their
duties under this Chapter as secret and confidential.

(8) Before entering upon the duties of his office a member of
the Commission shall take and subscribe before the Speaker of
the Assembly the oath of office and such oath of secrecy as may
be prescribed by Parliament.
Declaration of Article 65
assets by mem-
bers of the (1) Every member of the National Assembly shall deliver a
National declaration in writing to the Parliamentary Integrity Commission
Assembly of the assets and liabilities and the income of himself and, sub-
ject to clause (2) of this article, his spouse and children (under
the age of majority) within three months of his taking the oath
of office as a member of the Assembly, at the end of each calendar
year thereafter and within twelve months after his ceasing to be
a member of the Assembly.

(2) If at any time during the period in relation to which the
declaration is made the spouse is not living with the declarant or
a child has attained the age of majority, the particulars required
in the declaration with respect to the spouse or the child shall be
limited to assets held by the spouse or the child, as the case may
be, in trust for or as agent of the declarant unless further parti-
culars as to the assets of the spouse or the child are required by
the Commission on the ground that they are necessary to prevent
evasion of the purposes of this article.

(3) If the Commission is of the opinion that further investigation
is required into the declaration of assets made by any member of







the Assembly under clause (1) of this article, it shall make an
inquiry into the matter; and at the inquiry the member shall be
entitled to be assisted by a legal practitioner and an accountant.

(4) For the purposes of the inquiry-
(a) the Commission may in writing demand from the mem-
ber a declaration of such further particulars as are
necessary to ensure that the declaration made by the
member is full and true;
(b) the Commission shall have the powers of the High
Court to summon the member and any witnesses it
thinks fit to appear before it and to compel them to
give evidence on oath and to produce documents rele-
vant to the inquiry, and all persons giving evidence at
the inquiry shall have the same duties and liabilities
and shall enjoy the same privileges as in the High Court.

(5) Any member of the Assembly who-
(a) fails without reasonable cause to make a declaration
required under clause (1) or a declaration demanded
under clause (4) (a) of this article;
(b) knowingly makes any false statement in any such de-
claration;
(c) fails without reasonable cause to attend an inquiry con-
ducted by the Commission under clause (3) of this
article or to answer any question lawfully put to him by
the Commission at such inquiry or to produce any docu-
ment lawfully required of him by the Commission; or
(d) knowingly gives any false information at such inquiry,
is guilty of an offence and in addition to any other punishment
prescribed by Parliament shall be disqualified from membership
of the Assembly for a period of ten years, and where the offence
involves the non-disclosure of any property, the court may further
order that the property be forfeited to the State or, if the property
is situated abroad, that a penalty equivalent to the value of the
property be paid by the member to the State.

(6) Any person who fails without reasonable cause to obey a
summons to an inquiry being conducted by the Commission
under clause (3) of this article or to answer any questions law-
fully put to him at this inquiry or who knowingly gives any false
information at any such inquiry shall be liable on summary con-
viction to a fine of two thousand dollars and to imprisonment for
six months.

(7) (a) Where any person fails to furnish the Commission with
a declaration required by this article or where the Commission
after due inquiry is not satisfied with any aspect of the declarat-







ion made by any person, the Commission shall report the mat-
ter (in such detail as the Commission thinks fit) to the Speaker,
the Prime Minister and the Leader of the Opposition.
(b) Any person to whom a report is made under paragraph
(a) of this clause may take whatever action in respect of it he
thinks appropriate in the particular case; and (without prejudice
to the generality of the foregoing provision) he may publish or
authorise the publication of any information contained in the re-
port, and no person shall be liable in any civil or criminal pro-
ceedings in respect of anything published under the authority of
this paragraph.

Power to make Article 66,
laws relating
to Commission Subject to this Constitution, Parliament may make provision
for-
(a) the procedure in accordance with which the Commission
is to perform its functions;
(b) conferring such powers on the Commission and imposing
such duties on persons concerned as are necessary to
enable the Commission to carnr out effectively the pur-
poses of articles 64 and 65;
(c) the proper custody of declarations and other documents
delivered to the Commission under article 65;
(d) the maintenance of secrecy in respect of all information
received by the Commission in the course of its duties
with respect to the assets, liabilities and income of any
person; and
(e) generally to give effect to the provisions of articles 64
and 65.


Part 3

Powers and Procedure of Parliament
Power to make Article 67
laws
Subject to this Constitution, Parliament may make laws for
the peace, order and good government of Trinidad and Tobagoi

Immunity of Article 68
members of
National No civil or criminal proceedings may be instituted against any
Assembly from member of the National Assembly for words spoken before or
legal process written in a report to the Assembly or a Committee of the As-
sembly or by reason of any matter or thing brought by him in
the Assembly by petition, bill, resolution, motion or otherwise.







Article 69 Regulation of
procedure of
(1) Subject to this Constitution, the National Assembly may National
regulate its own procedure. Assembly

(2) The Assembly may act notwithstanding any vacancy in its
membership (including any vacancy not filled when the Assembly
first meets after the commencement of this Constitution or after
any dissolution of Parliament) and the presence or participation
of any person not entitled to be present at or to participate in
the proceedings of the Assembly shall not invalidate those pro-
ceedings.

Article 70 President may
address
(1) The President may address the National Assembly and may Assembly, etc.'
require the attendance of members for that purpose.

(2) The President may send messages to the Assembly (whether
in respect of any current business of the Assembly or otherwise)
and the Assembly shall with all convenient despatch consider any
matters raised in any such message.

Article 71 Oath of
office
No member of the National Assembly shall take part in the
proceedings of the Assembly, other than proceedings necessary
for the purposes of this article and for the election of a Deputy
Speaker, until he has made and subscribed before the Assembly
the oath of office.

Article 72 Presiding in
National
(1) The Speaker or, in his absence, the Deputy Speaker or, if Assembly
they are both absent, a member of the National Assembly (not
being a Minister or a Parliamentary Secretary) elected by the
Assembly for that sitting shall preside at each sitting of the As-
sembly.

(2) The Speaker shall be regarded as absent for the purposes of
clause (1) of this article if the office of Vice-President is vacant
or if he is performing the functions of President.

(3) The Deputy Speaker shall be regarded as absent for the pur-
poses of clause (1) of this article if his office is vacant or if, by
virtue of article 60(4), he has ceased to perform his functions.

Article 73 Voting
(1) Except as otherwise provided in this Constitution, all quest-
ions proposed for decision in the National Assembly shall be
determined by a majority of the votes of the members present
and voting.







(2) When the Speaker is presiding in the Assembly he shall not
vote on any question proposed for decision and, if upon any
question before the Assembly the votes of the members are
equally divided, the motion is lost.

(3) When any other person is presiding in the Assembly he shall
not vote on any question proposed for decision unless the votes
are equally di ided, in which case he shall exercise a casting vote.
Quorum Article 74
(1) If at any sitting of the National Assembly any member pre-
sent draws the attention of the person presiding at the sitting to
the absence of a quorum and after such interval as may be pre-
scribed by the rules of procedure of the Assembly the person
presiding at the sitting ascertains that a quorum of the Assembly
Sis still not present, the Assembly shall be adjourned.

(2) The quorum of the Assembly shall be such number (ap-
proximating one-third of the total membership of the Assembly)
as may be prescribed by rules of procedure of the Assembly.
Mode of Article 75
legislation
(1) Subject to this Constitution, the power of Parliament to
make laws shall be exercised by Bills passed by the National
Assembly and assented to by the President.

(2) When a Bill is presented to the President for assent he may
signify his assent or he may send the Bill back to the Assembly
for reconsideration with his reasons in writing.

(3) When the Bill after reconsideration by the Assembly is again
presented to the President for assent, he shall signify his assent.

(4) The Bill shall not become law unless it has been duly passed
and assented to in accordance with this Constitution.
Introduction Article 76
of Bills, etc.
Subject to this Constitution and to the rules of procedure of
the National Assembly, any member of the Assembly may intro-
duce any Bill or propose any motion for debate in, or may present
any petition to, the Assembly and the Bill, motion or petition
shall be debated and disposed of according to the rules of proce-
dure of the Assembly.

Standing Committees
Standing Article 77
Committees
(1) In addition to any other Committees prescribed by Act of
Parliament or by rules of procedure of the National Assembly,







eight Standing Committees of the Assembly shall be constituted
for the following subjects respectively:
(a) Finance and Estimates;
(b) General Public Accounts;
(c) Public Accounts of Statutory Authorities
and National Companies;
(d) External and Caribbean Affairs;
(e) Labour, Industry and Commerce;
(f) Agriculture;
(g) Constitutional and Legal Affairs;
(h) Education and Social Services.

(2) The Standing Committees shall perform the functions speci-
fied in clause (3) of this article in relation to the subjects for
which they are respectively constituted under clause (1) and shall
act either on their own initiative or upon a reference of a matter
to them by the Assembly.

(3) The functions of Standing Committees shall be to consider
and report to the Assembly on-
(a) Bills introduced in the Assembly;
(b) policy questions of national interest;
(c) specific matters before the Assembly requiring detailed
or expert inquiry;
(d) reports made to the Assembly by the Auditor-General,
the Ombudsman, the Boundaries Commission and other
such officers and authorities;
(e) appointments made under article 149 or 150; or
(f) any other matter provided by Act of Parliament or by
the rules of procedure of the Assembly.

(4) (a) A Standing Committee shall consist of not less than five
members to be appointed by the Speaker after consultation with
the leader of each of the political parties represented in the As-
sembly.
(b) A member of a Standing Committee may be removed
from office by the Speaker after consultation with the leader of
the political party that nominated the member for election to the
Assembly.
(c) No Minister shall be a member of a Standing Committee
appointed under this article.







(d) The membership of each Standing Committee shall as
far as practicable reflect the strengths of the political parties in
the Assembly.
(e) Each Committee shall elect its Chairman from among its
members but the Chairman of the Committee for General
Public Accounts and the Chairman of the Committee for Public
Accounts of Statutory Authorities and National Companies shall
be members of the Opposition in the Assembly.

(5) (a) Unless the Assembly otherwise directs or the Committee
for special reasons decides otherwise, meetings of a Standing
Committee shall be held in public.
(b) A Standing Committee shall have the powers of thp
High Court to summon any witnesses it thinks fit to appear be-
fore it and to compel them to give evidence on oath and to pro-
duce documents relevant to the proceedings before the Com-
mittee and all persons giving evidence before the Committee
shall have the same duties and liabilities and shall enjoy the
same privileges as in the High Court.
(c) Parliament may make provision conferring such powers
on Standing Committees and imposing such duties on persons
concerned as are necessary to facilitate the Committees in the
performance of their functions.

(6) (a) Unless the requirement of this paragraph is waived by a
resolution supported by the votes of not less than two-thirds of the
total membership of the Assembly, every Bill shall after its first
reading and before its second reading be referred by the Speaker
to the appropriate Standing Committee for consideration and
report to the Assembly through the Speaker.
(b) The report of a Standing Committee shall contain
recommendations for the approval or disapproval of the Bill or for
the amendment of the Bill (with draft amendments where
necessary) and shall include reasons for the recommendations.
(c) A Standing Committee shall submit its report to the
Speaker within thirty days after the Bill has been referred to it
or within such extended time as may be allowed by the Assembly.
(d) Where the report is submitted within the time allowed
under paragraph (c) of this. clause, it shall be laid before the As-
sembly before the debate on the second reading of the Bill; but
if it is not submitted within that time, the Assembly may proceed
with the debate without awaiting the report.

(7) When any matter other than a Bill is referred to a Standing
Committee by the Assembly, the Committee shall consider it and
report to the Speaker within the time specified by the Assembly
at the time of the reference.






(8) In this article -
"national company" means a business enterprise in which
Government owns a majority interest;
"statutory authority" means a body established by law which -
(a) performs the functions of local government;
(b) is wholly or partly maintained out of public funds; or
(c) carries on a business in which Government owns a
majority interest.

Part 4

Summoning, Prorogation and Dissolution
Article 78 Sessions of
Parliament
(1) Each session of the National Assembly shall be held at such
place within Trinidad and Tobago and shall commence at such
time as the President may by proclamation appoint.

(2) There shall be a session of the Assembly once at least in
every year, but the period between the last sitting of the Assembly
in one session and the first sitting of the Assembly in the next
session shall not be more than ninety days.

Article 79 Prorogation
and dissolu-
(1) The President acting in accordance with the advice of the tion of
Prime Minister may by proclamation at any time prorogue Parliament
Parliament.

(2) Subject to clause (4), Parliament unless sooner dissolved
shall continue for five years from the date of its first sitting after
any dissolution, and shall then stand dissolved.

(3) The President may by proclamation dissolve Parliament
before the expiration of five years -
(a) if the National Assembly by resolution so requests; or
(b) if the office of the Prime Minister falls vacant under
article 102 and the President is unable within a reason-
able time to find anyone to fill that office who can com-
mand the support of the majority of members of the
SAssembly.

(4) At any time when Trinidad and Tobago is at war Parliament
may extend the period of five years specified in clause (2) of this
article for not more than twelve months at a time but the life of
Parliament shall not be extended under this paragraph by more
than five years.






(5) (a) If during a dissolution of Parliament a period of public
emergency within the meaning of article 16 arises the President
shall summon the Assembly of the previous Parliament.
(b) In that event the previous Parliament shall (except for
the purposes of article 80) be deemed not to have been dissolved
but shall, unless sooner dissolved, stand dissolved on the date on
which the next general election is held.

Part 5

Elections
General Article 80
elections
(1) A general election of the members of the National Assembly
shall be held at such time within sixty days after the commence-
ment of this Constitution as the President shall appoint.

(2) Thereafter a general election of the members of the Assembly
shall be held at such time within sixty days after the dissolution of
Parliament as the President shall appoint.

(3) Under this article the President shall act in accordance with
the advice of the Prime Minister except in the circumstances
referred to in article 79(3)(b) where he shall act in his discretion.
Filling of Article 81
vacancies
(1) Whenever a, constituency member vacates his seat, a by-
election to fill the vacancy shall be held within ninety days of the
occurrence of the vacancy.

(2) Whenever a list member vacates his seat the vacancy shall be
filled by a person qualified under clause (3) of this article and
designated by the party which nominated that member for election
to the National Assembly.

(3) A person designated shall be a person -
(a) who is qualified for membership of the Assembly;
(b) who is willing to fill the vacant seat; and
(c) whose name appeared at the last general election on the
list of the party designating him.

(4) If there is no person available who is qualified under
paragraph (c) of clause (3) of this article, that paragraph shall not
apply.
Qualifications Article 82
of voters
(1) No person shall vote at an election unless he is registered
as a voter.






(2) Subject to clauses (3) and (4) of this article, a person shall
be qualified to be registered as a voter for elections to the Nat-
ional Assembly if, and shall not be so qualified unless, he -
(a) is a citizen of Trinidad and Tobago of the age of
eighteen years or upwards;
(b) subject to such exceptions as may be prescribed by Par-
liament with respect to persons in the service of the State
who reside outside Trinidad and Tobago because they
are required to do so for the proper discharge of their
functions, resides in Trinidad and Tobago; and
(c) has such other qualifications regarding registration as
may be prescribed by Parliament.

(3) No person shall be qualified to be so registered who -
(a) is under sentence of death imposed on him by a court
or is serving a sentence of imprisonment (by whatever
name called) exceeding twelve months imposed on him
by a court or substituted by a competent authority for
some other sentence imposed on him by a court, or is
under such sentence of imprisonment the execution of
which has been suspended;
(b) is a person certified to be insane or otherwise adjudged
to be of unsound mind under any law in force in Trini-
dad and Tobago;
(c) is disqualified for such registration by any law for the
time being in force by reason of his holding or acting in
any office the functions of which involve responsibility
for or in connection with the election in the constituency
in which such person would otherwise be entitled to
vote.

(4) (a) Subject to the provisions of paragraph (b) of this clause,
no person shall be qualified to be so registered if, during such
period (not exceeding five years) preceding the qualifying date as
may be prescribed by Parliament, he has been convicted by a court
of any offence connected with elections that is so prescribed or has
been reported guilty of such an offence by the High Court in
proceedings under article 92.
(b) Parliament may empower the court to exempt a person
from disqualification for registration on account of such a con-
viction or report if the court deems it just to do so.

(5) In this article "the qualifying date" means such date as may
be appointed by Act of Parliament as the date with reference to
which a register of electors shall be compiled or revised.

(6) For the purposes of paragraph 3 (a) of this article -






(a) two or more sentences of imprisonment that are re-
quired to be served consecutively shall be regarded as
separate sentences if none of those sentences exceeds
twelve months but if any one of those 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 pay-
ment of a fine.

System of Elections
Article 83
(1) A number of members of the National Assembly equal to
the number of constituencies prescribed by or under article 93
(in this Chapter called "constituency members") shall be elected
at general elections or by-elections, one for each constituency, in
accordance with the first-past-the-post system of elections pres-
cribed by this Constitution and by Act of Parliament.

(2) A candidate for a constituency seat may be nominated for
any election by a political party.

(3) Where at a general election a candidate nominated by a
political party for a constituency seat is unopposed, a poll for that
seat shall nevertheless be held.

Article 84
(1) The other elected members of the National Assembly (in
this Chapter called "list members"), equal in number to the
constituency members, shall be elected at general elections in
accordance with the system of proportional representation
prescribed in this article.

(2) Every candidate under this article shall be one of a list of
candidates nominated for election by a political party, each
list containing names of candidates not greater in number than
the seats to be filled nor less in number than one-third of such
seats.

(3) The seats of the list members of the Assembly shall be
allocated among the political parties which qualify under clause
(4) -of this article as nearly as practicable in proportion to the
number of votes deemed under article 86 (5) to be cast for their
respective lists.

(4) A political party shall not qualify for an allocation of seats
under clause (3) of this article unless -
(a) that party has nominated candidates under article 83
(2) in at least one-third of the constituencies; and


Constituency
members of
National
Assembly


List members
of National
Assembly







(b) (i) the votes cast for that party constitute at least five
per cent of the total number of votes cast at the
election; or
(ii) the party wins at least one constituency seat at the
election,

(5) (a) The names of the candidates nominated for election in a
list under clause (2) of this article shall appear in the list in the
alphabetical order of their surnames.
(b) The seats allocated to a political party shall be assigned
to such of the candidates on the list of that party as are desig-
nated by the party.

Article 85 Constituency
candidate not
A person shall not be a candidate for both a constituency to be included
seat and a list seat in the National Assembly at the same general in a list
election.

Article 86 System of
balloting
(1) Voting for elections under this Chapter shall be by secret
ballot.

(2) The votes shall be cast in ballot boxes of a design calculated
to ensure their efficiency and reliability for the purposes of this
Chapter.

(3) A person shall be entitled to be registered as a voter in only
one constituency at any time.

(4) By virtue of his registration a voter shall be entitled to one
vote at any election and that vote shall be for a constituency
candidate under article 83.

(5) There shall be no direct voting for lists of candidates nomi-
nated for election under article 84 but at a general election a vote
for a constituency candidate nominated by a political party shall
be deemed to be also a vote for the list of candidates nominated
by that party.

Article 87 Deposits
Parliament may provide for the making of a monetary
deposit by every candidate nominated for a constituency seat and
for the forfeiture of such deposit unless -
(a) the candidate (in the constituency for which he was
nominated); or






(b) any political party nominating him (in the country as a
whole),
fails to secure a reasonable percentage of the votes cast at the
election.

Preliminary Article 88
count of
ballots (1) At an election under this Chapter, a preliminary count of
ballots shall be made at each polling station at the close of the
poll on election day by the presiding officer of the polling station
in the presence of the officer or one of the officers appointed to
assist the presiding officer in the performance of his duties and
the results recorded and signed by the presiding officer or the
assistant officer.

(2) An agent of each candidate shall have the right to witness
the counting of the ballots and the signing of the record of the
results and shall have the right to sign the record; and the pre-
siding officer shall facilitate him in the exercise of these rights.

Political Article 89
parties
(1) Subject to this article, every political party shall have the
right to take part in elections under this Chapter.

(2) After regulations made under article 90 have come into
operation, no political party shall take part in any election
under this Chapter unless it is registered under those regulations
and all communication with a political party for the purposes of
this Constitution shall be in accordance with the regulations.

Regulation of Article 90
constitution
of parties (1) The Constitutional and Legal Affairs Committee of the
National Assembly shall as soon as possible after the first meeting
of Parliament under this Constitution prepare regulations pro-
viding for -
(a) the registration of political parties;
(b) the keeping of an official register of the names of officers
and members of political parties;
(c) the efficient and democratic conduct of elections of
officers of political parties;
(d) the appointment by each party of an officer competent
to act on behalf of the party;
(e) the criteria in accordance with which a member of the
Assembly shall be adjudged to be supporting or not to
be supporting a particular political party in the As-
sembly;







(f) such other matters relating to the constitution of political
parties as are necessary for the fair and efficient opera-
tion of the electoral system established by this Consti-
tution.

(2) As soon as the regulations have been prepared, they shall be
laid before the Assembly and the Chairman of the Constitutional
and Legal Affairs Committee or a member of the Committee de-
signated by him shall move the adoption of the regulations by the
Assembly.

(3) The regulations shall come into operation upon their
adoption by resolution of the Assembly.

Article 91 Power to make
elections laws
(1) Subject to this Constitution, Parliament may provide for -
(a) the registration of electors;
(b) the manner in which lists of candidates under article
84 shall be prepared and entered for an election;
(c) the manner in which the number of seats to be allocated
to each list under article 84 shall be calculated; and
(d) generally for the conduct of elections and for giving
effect to the provisions of this Part of this Chapter.

(2) Any law providing for the election of members of the
National Assembly shall contain provisions designed to ensure that
so far as is practicable any person entitled to vote at an election
shall have a reasonable opportunity to do so.

(3) No election of a member of the Assembly shall be called in
question on the ground that the law under which that election
was conducted was not authorised by this article.

Jurisdiction as to Questions of Membership
Article 92 Determination
of questions
(1) The Court of Appeal shall have exclusive jurisdiction to de- as to
termine any question whether a member of the National Assembly membership
has vacated his seat under article 63(2)(e)(ii) by reason of his
not supporting in the Assembly the political party that nominated
him for election.

(2) Subject to this article, the High Court shall have exclusive
jurisdiction to determine any question-
(a) regarding the qualification of any person to be elected
as a member of the Assembly;
(b) whether-







(i) either generally or in any particular place, an
election has been lawfully conducted or the result
of an election has been, or may have been, affected
by any unlawful act or omission;
(ii) the list seats in the Assembly have been lawfully
allocated;
(iii) a seat in the Assembly is vacant; or
(iv) any member of the Assembly is required under
article 63(3)(c) to cease to perform his functions
as such member;
(c) regarding the filling of a vacant seat in the Assembly; or
(d) whether the constitution of a political party conforms
with regulations made under article 90.

(3) (a) An application to the Court of Appeal under clause (1)
bf this article may be made by the political party concerned.
(b) An application to the High Court for the determination
of any question under clause (2) of this article may be made by
any person registered as a voter or by the Attorney-General and
where such proceedings are instituted by any person other than
the Attorney-General, the Attorney-General may intervene and
may then appear or be represented in the proceedings.

(4) Subject to rules of court made under clause (6) of this ar-
ticle, the High Court may in consequence of the determination of
any question under clause (2) of this article, declare a seat in the
Assembly to be vacant, or order the holding of a fresh election
either throughout Trinidad and Tobago or in any part of Trinidad
and Tobago or the reallocation of seats in whole or in part, or
make such other order, having regard to all the circumstances and
to the general public interest, as the justice of the case requires.

(5) An appeal shall lie to the Court of Appeal from a determi-
nation by the High Court of any question referred to in clause (2)
of this article.

(6) Provision may be made by rules of court with respect to -
(a) the circumstances and manner in which and the con-
ditions upon which proceedings for the determination
of any question under this article may be instituted in
the Court of Appeal or the High Court and an appeal
may be brought to the Court of Appeal under this
article;
(b) the nature of the orders to be made in consequence of
the determination of any questions under this article;
(c) the making of reports by the Court to the Speaker of
the Assembly, to the Elections Commissioner or to any






other person or authority with respect to any election
offence proved in the course of any proceedings under
this article to have been committed by any person; and
(d) the practice and procedure of the Court of Appeal and
the High Court in relation to the jurisdiction and powers
conferred upon these Courts by or under this article.

Part 6
Delimitation of Constituencies
Article 93 Constituencies
(1) Trinidad and Tobago shall be divided into thirty-six con-
stituencies or such other number as may be prescribed by order
made by the President in accordance with this Part of this
Chapter, and each constituency shall return one member to the
National Assembly.

(2) Not less than two constituencies shall be in the island of
Tobago.

Article 94 Boundaries
Commission
(1) There shall be a Boundaries Commission for each Parliament
constituted in accordance with this article and appointed for the
purpose of reviewing the number and the boundaries of the
constituencies of Trinidad and Tobago and reporting to the
National Assembly in accordance with article 95.

(2) The Boundaries Commission for each Parliament shall be
appointed immediately after the first sitting of that Parliament.

(3) The Commission shall consist of -
(a) two persons appointed by the President after consul-
tation with the Prime Minister;
(b) two persons appointed by the President after consul-
tation with the Leader of the Opposition and the leaders
of any other opposition groups in the Assembly; and
(c) one independent member appointed by the President
under article 151, who shall be the Chairman.

(4) A person shall not be qualified for appointment to the
Commission if he is a public officer or a Judge of the Supreme
Court.

(5) A member of the Commission shall vacate his office if he
becomes a public officer, a Judge of the Supreme Court or, in the
case of the independent member, if with his consent he is nomina-
ted for election to the Assembly or to the office of President or
Vice-President.






(6) (a) A person appointed to the Commission under clause
(3)(a) of this article may be removed from office at any time by
the President after consultation with the Prime Minister.
(b) A person appointed to the Commission under clause
(3)(b) of this article may be removed from office at any time by
the President after consultation with the Leader of the Opposition
and the leaders of any other opposition groups in the Assembly.
(c) The independent member of the Commission may be
removed from office by the President, after consultation with the
Prime Minister, the Leader of the Opposition and such other
persons as he may think fit, for inability to discharge the functions
of his office (whether arising from infirmity of mind or body or
any other cause) or for misbehaviour.

(7) The Commission may by regulation or otherwise regulate its
own procedure and, with the consent of the Prime Minister or a
Minister designated by the Prime Minister for the purpose, confer
powers and impose duties on any public officer or on. any
authority of the Government of Trinidad and Tobago for the
purpose of the discharge of its functions; and at any meeting of
the Commission three members shall constitute a quorum.

(8) In the exercise of its functions under this Constitution, save
as otherwise provided in clause (7), the Commission shall not
be subject to the control or direction of any other person or
authority.
Procedure Article 95
for review
(1) The Commission shall, in accordance with this article,
review the number and boundaries of the constituencies into
which Trinidad and Tobago is divided and, within eighteen
months of its appointment, shall submit to the Speaker a report
either-
(a) showing the constituencies into which it recommends
that Trinidad and Tobago should be divided in order to
give effect to the rules set out in the Second Schedule to
this Constitution; or
(b) stating that in the opinion of the Commission no al-
teration is required to the existing number or bound-
aries of constituencies in order to give effect to those
rules.

(2) As soon as practicable after the Commission has submitted
its report under clause (1) (a) of this article, the Minister designa-
ted by the Prime Minister for this purpose (in this article called
"the Minister") shall lay before the National Assembly for its
approval the draft of an order by the President for giving effect,
"whether with or without modifications, to the recommendations
contained in the report.






(3) Where ,a draft made under this article gives effect to the
recommendations of the Boundaries Commission with modifi-
cations, the Minister shall lay before the Assembly together
with the draft a statement of the reasons for the modifications.

(4) If the motion for the approval of a draft made under this
article is rejected by the Assembly or is withdrawn by leave of
the Assembly, the Minister shall amend the draft and lay the
amended draft before the Assembly.

(5) If any draft made under this article is approved by reso-
lution of the Assembly, the Minister shall submit it to the Presi-
dent who shall make and publish the order in terms of the draft;
and that order shall have effect from the date of the next
dissolution of Parliament.

(6) The question of the validity of any order by the President
purporting to be made under this article and reciting that a draft'
of that order has been approved by resolution of the Assembly
shall not be inquired into in any court.


Part 7

Elections Commissioner
Article 96 Elections
Commissioner
(1) There shall be an Elections Commissioner for Trinidad
and Tobago who shall be appointed by the President under
article 149 ,and who shall hold office in accordance with the, pro-
visions of article 153.

(2) There shall be two Deputy Elections Commissioners to
assist the. Elections Commissioner in the discharge of his func-
tions who shall be appointed by the President after consultation
with the Elections Commissioner, and who may be removed
from office at any time by the President after consultation with
the Elections Commissioner.

(3) The offices of Elections Commissioner and of Deputy
Elections Commissioner shall be public offices.

(4) If the office of Elections Commissioner is vacant or if a
person holding the office is for any reason unable to perform the
functions of his office, then, until a person has been appointed
to and has assumed the functions of that office or, as the case
may be, until the person holding that office has resumed his
functions, the President shall appoint one of the Deputy Com-
missioners (the more senior if available) to perform those func-
tions.






(5) The Elections Commissioner shall, if requested by the
Boundaries Commission, advise the Commission on any matter
relating to its functions.

(6) (a) The Elections Commissioner shall be provided with a
staff adequate for the efficient discharge of his functions.
(b) The salaries and allowances of the staff of the Elections
Commissioner shall be a charge on the Consolidated Fund.

(7) The registration of voters and the conduct of elections in
every constituency shall be subject to the direction and super-
vision of the Elections Commissioner.

(8) In the exercise of his functions under this article the Elec-
tions Commissioner shall not be subject to the direction or
control of any other person or authority.






CHAPTER 6


THE EXECUTIVE

General Provisions as to the Government of
Trinidad and Tobago

Article 97 Executive
authority
(1) The executive authority of Trinidad and Tobago shall be of Trinidad
vested in the President and, subject to this Constitution, may and Tobago
be exercised by him either directly or through officers subordi-
nate to him.

(2) Without prejudice to the generality of clause (1) of this
article, the supreme command of the armed forces of Trinidad
and Tobago shall be vested in the President and the exercise of
this power shall be regulated by law.

(3) Nothing in this article shall prevent Parliament from con-
ferring functions on persons or authorities other than the Presi-
dent.

Article 98 Exercise of
President's
(1) In the exercise of his functions under this Constitution or functions
any other law, the President shall act in accordance with the
advice of the Cabinet or a Minister acting under the general
authority of the Cabinet except in cases where other provision
is made by this Constitution or such other law and, without
prejudice to the generality of this exception, in cases where by
this Constitution or such other law he is required to act-
(a) in his discretion;
(b) after consultation with any person or authority other
than the Cabinet; or
(c) in accordance with the advice of any person or authority
other than the Cabinet.

(2) Where by this Constitution the President is required to act
in accordance with the advice or after consultation with any
person or authority, the question whether he has in any case so
acted shall not be inquired into in any court.

Article 99 President to
be informed
The Prime Minister shall keep the President fully concerning
informed concerning the general conduct of the government of matters
Trinidad and Tobago and shall furnish the President with such
information as he may request on any matter relating thereto.






The Cabinet Article 100
(1) There shall be a Cabinet for Trinidad and Tobago which
shall have the general direction and control of the government
and shall be collectively responsible to Parliament.

(2) The Cabinet shall consist of a Prime Minister and such
other Ministers as may be appointed under article 101.

Appointment Article 101
of Ministers
(1) The Prime Minister shall be appointed by the President.

(2) The President shall appoint as Prime Minister the member
of the National Assembly who appears to him best able to com-
mand the support of the majority of the members of the Assem-
bly and who is willing to be appointed.

(3) (a) In addition to the Prime Minister there shall be a Minis-
ter of Legal Affairs, a Minister of Tobago Affairs and,'subject to
any Act of Parliament, such other Ministers as may be appointed
under paragraph (b) of this clause.
(b) The Ministers referred to in paragraph (a) of this
clause shall be appointed by the President, acting in accordance
with the advice of the Prime Minister, from among the members
of the Assembly.
(c) The Minister of Legal Affairs shall, subject to article
124 (which relates to the functions of the Attorney-General), be
responsible for the administration of legal affairs in Trinidad and
Tobago and legal proceedings for and against the State shall be
taken in his name.
(d) The Minister of Tobago Affairs shall be responsible
for ensuring that the special interests of the people of Tobago
are fully taken into account in the formulation of policy by Cabi-
net and in the administration of government and for such other
particular matters relating to Tobago as may be assigned to him.

(4) If occasion arises for making an appointment to the office
of Prime Minister, Minister of Legal Affairs or Minister of
Tobago Affairs while Parliament is dissolved a person who was
a member of the Assembly immediately before the dissolution
may, notwithstanding clauses (2) and (3)(b) of this article, be
appointed.

Tenure of Article 102
office of
Ministers (1) If the National Assembly passes a resolution supported by
the votes of a majority of the total membership of the Assembly
declaring that it has no confidence in the Prime Minister and
the Prime Minister does not resign within seven days of the







passing of such resolution, the President shall revoke the ap-
pointment of the Prime Minister.

(2) The Prime Minister shall also vacate his office-
(a) if he resigns his office;
(b) when after a dissolution of Parliament he or, in his ab-
sence, the Cabinet is informed by the President that the
President is about to re-appoint him as Prime Minister
or to appoint another person as Prime Minister; or
(c) if for any reason other than a dissolution of Parliament
he ceases to be a member of the Assembly.

(3) A Minister other than the Prime Minister shall vacate his
office-
(a) if he resigns his office;
(b) if his appointment is revoked by the President acting in
accordance with the advice of the Prime Minister;
(c) if for any reason other than a dissolution of Parliament
he ceases to be a member of the Assembly; or
(d) when any person is appointed or re-appointed as Prime
Minister.

(4) If at any time a Minister is required under article 63(3) to
cease to perform his functions as a member of the Assembly he
shall cease during such time to perform his functions as Minister.

Article 103 Performance
of functions
(1) Whenever the Prime Minister is absent from Trinidad and of Prime
Minister
Tobago or is unable by reason of illness or of the provisions of during
article 63(3) to perform the functions conferred on him by this absence,
Constitution, the President may authorise some other member of ilness or
the Cabinet to perform those functions (other than the functions suspension
conferred by this article) and that member may perform those
functions until his authority is revoked by the President.

(2) Subject to clause (3) of this article, the powers of the Presi-
dent under this article shall be exercised by him in accordance
with the advice of the Prime Minister.

(3) If the President considers that it is impracticable to obtain
the advice of the Prime Minister owing to his absence or illness
or if the Prime Minister is unable to tender his advice by reason
of the provisions of article 102(4), the President may in the
exercise of the powers referred to in this article act in his dis-
cretion.






Allocation of Article 104
portfolios to
Ministers The President acting in. accordance with the advice of the
Prime Minister may by directions in writing assign to the Prime
Minister or any other Minister responsibility for any business of
the Government of Trinidad and Tobago including the adminis-
tration of any department of government.
Parliamentary Article 105
Secretaries
(1) The President acting in accordance with the advice of the
Prime Minister may appoint Parliamentary Secretaries from
among the members of the National Assembly to assist Ministers
in the performance of their duties.

(2) A Parliamentary Secretary shall vacate his office in the
same circumstances in which a Minister vacates his office under
article 102(3).

(3) If at any time a Parliamentary Secretary is required under
article 63(3) to cease to perform his functions as a member of
the Assembly he shall cease during such time to perform his
functions as Parliamentary Secretary.
Leader Article 106
of the
Opposition (1) There shall be an office of Leader of the Opposition and
the holder of that office shall be appointed by the President.

(2) The President shall appoint as Leader of the Opposition
the member of the National Assembly who in his judgment is
able to command the support of the largest number of members
of the Assembly in opposition to the Government and who is
willing to be so appointed.

(3) The Leader of the Opposition shall vacate his office if-
(a) he resigns his office;
(b) after any dissolution of Parliament he is informed by
the President that the President is about to appoint
another person as Leader of the Opposition;
(c) for any reason other than a dissolution of Parliament
he ceases to be a member of the Assembly;
(d) under article 63(3) he is required to cease to perform
his functions as a member of the Assembly; or
(e) his appointment is revoked under clause (4) of this
article.

(4) If in the judgment of the President the Leader of the Op-
position is no longer the member of the Assembly able to com-
mand the support of the largest number of members of the







Assembly in opposition to the Government, the President acting
in his discretion shall revoke the appointment of the Leader of
the Opposition.

(5) Clause (4) of this article shall not have effect while Parlia-
ment is dissolved.

(6) Whenever the office of the Leader of the Opposition is
vacant, whether because there is no member of. the Assembly
qualified for appointment or because no one qualified for ap-
pointment is willing to be appointed, any provision in this Con-
stitution requiring consultation with the Leader of the Opposi-
tion shall, in so far as it requires such consultation, be of no
effect.

Article 107 Oaths to be
taken by
A Minister or a Parliamentary Secretary shall not enter Ministers
upon the duties of his office unless he has taken and subscribed etc.
the oath of office before the President or some person appointed
by the President for the purpose.
Article 108 Permanent
Secretaries
(1) Where any Minister has been charged with responsibility
for any department of government, he shall exercise general
direction and control over that department; and, subject to such
direction and control, the department shall be under the super-
vision of a Permanent Secretary whose office shall be a public
office.

(2) Two or more government departments may be placed under
the supervision of one Permanent Secretary.

Article 109 Constitution
of offices
Subject to this Constitution and any Act of Parliament, etc.
'the President may constitute public offices for Trinidad and To-
bago, make appointments to any such offices and terminate any
such appointments.

Article 110 Prerogative
of mercy
(1) The President may-
(a) grant to any person convicted of any offence against the
law of Trinidad and Tobago a pardon, either free or
subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a
specified period, from the execution of any punishment
imposed on that person for such an offence;
(c) substitute a less severe form of punishment for that im-
posed by any sentence for such an offence;






(d) remit the whole or any part of any sentence passed for
such an offence or any penalty or forfeiture otherwise
due to the State in respect of such an offence.

(2) (a) The powers of the President under clause (1) of this
article shall be exercised by him in accordance with the advice
of a Minister designated by him, acting in accordance with the
advice of the Prime Minister.
(b) Before tendering any advice to the President under
paragraph (a) of this clause, the Minister designated under that
paragraph shall request through the Chief Justice and take into
consideration a report of the case from the trial judge or magis-
trate or, if such report is not available, a report of the case from
the Chief Justice himself.
Advisory Article 111
Committee
on preroga- There ,shall be an Advisory Committee to advise on the
tive of exercise of the prerogative of mercy which shall consist of-
mercy
(a) the Nlinister designated under article 110(2)(a), who
shall be Chairman;
(b) the Minister of Legal Affairs;
(c) the Attorne. -General; and
(d) two other members appointed by the President acting
in his discretion.
Functions Article 112
of Advisory
Committee (1) Where an offender has been sentenced to death by any
court for an offence against the law of Trinidad and Tobago,
the Minister shall consult with the Advisory Committee and
shall cause a written report of the case from the trial judge to-
gether with such information derived from the record of the
case or elsewhere as the Minister, may require to be taken into
consideration at a meeting of the Advisory Committee.

(2) In any case not falling within clause (1) of this article, the
Minister may consult with the Advisory Committee before ten-
dering any advice to the President under article 110 (2); and in
any such case the Minister shall cause the report of the case
obtained in pursuance of article 110 (2) (b) to be taken into con-
sideration at a meeting of the Advisory Committee.

(3) The Minister shall not be obliged in any case to act in
accordance with the advice of the Advisory Committee.

(4) The Advisory Committee may regulate its own procedure.

(5) In this article "the Minister" means the Minister designated
under article 110 (2) (a).






CHAPTER 7


TOBAGO

Article 113 Tobago
Regional
A regional council to be known as the Tobago Regional Council
Council shall be established at a date to be appointed by Parlia-
ment for the purpose of-
(a) performing the functions of local government in re-
spect of Tobago;
(b) advising the Minister of Tobago Affairs on the special
problems of government affecting Tobago; and
(c) making representations to Government with respect to
the development of Tobago and the general adminis-
tration of its affairs.

Article 114 Composition
of Tobigo
(1) The Tobago Regional Council shall consist of fifteen Regional
elected members. Council

(2) Ten of the members of the Tobago Regional Council shall
be elected to represent constituencies (one member for each con-
stituency) in accordance with a first-past-the-post system of elec-
tions.

(3) Five of the members of the Tobago Regional Council shall
be elected in accordance with a system of proportional repre-
sentation.

(4) The Minister of Tobago Affairs shall not be a member of
the Tobago Regional Council but he shall be entitled to attend
or to be represented by his Permanent Secretary at meetings of
the Council.

Article 115 Power to
make laws
(1) The systems of election under clauses (2) and (3) of article
114 shall be patterned on the systems established for elections
to the National Assembly under articles 83 and 84 respectively.

(2) Parliament shall make provision to give effect to the pro-
visions of this Chapter.







CHAPTER 8


THE JUDICATURE

The Supreme Court


Establishment
of Supreme
Court


Constitution
of High
Court


Constitution
of Court of
Appeal


Appointment
of Chief
Justice


Article 116
There shall be a Supreme Court of Judicature for Trinidad
and Tobago consisting of a High Court of Justice (referred to
in this Constitution as "the High Court") and a Court of Appeal,
with such jurisdiction and powers as are conferred on these
courts respectively by this Constitution or by any other law.


The High Court
Article 117
(1) (a) The Chief Justice and the Justices of Appeal of Trini-
dad and Tobago shall be ex officio Judges of the High Court.
(b) The other Judges of the High Court shall be such num-
ber of Judges as may be prescribed by Parliament.

(2) The High Court shall be a superior court of record and,
except as otherwise provided by Parliament, shall have all the
powers of such a court including all such powers as were vested
in the Supreme Court of Trinidad and Tobago immediately be-
fore the commencement of this Constitution.


The Court of Appeal
Article 118
(1) The Judges of the Court of Appeal shall be the Chief Jus-
tice, who shall be the President of the Court, and such number
of Justices of Appeal as may be prescribed by Parliament.

(2) The Court of Appeal shall be a superior court of record
and, save as otherwise provided by Parliament, shall have all
the powers of such a court.


Appointment of Judges
Article 119
(1) The Chief Justice shall be appointed by the President
under article 151.

(2) If the office of Chief Justice is vacant or if a person hold-
ing that office is for any reason unable to perform the functions
of his office, then, until a person has been appointed to and has
assumed the functions of that office or, as the case may be, until






the person holding that office has resumed his functions, the
President shall appoint the most senior Justice of Appeal avail-
able to perform those functions.

Article 120 Appointment
of other
(1) The other Judges of the Supreme Court shall be appointed Judges of
the Supreme
by the President acting in accordance with the advice of the court
Judicial and Legal Service Commission.

(2) A person shall not be appointed as a Judge of the Supreme
Court unless he has such qualifications for appointment as may
be prescribed by Parliament.

(3) Where-
(a) a Justice of Appeal is acting as Chief Justice; or
(b) the office of any Jddge of the Supreme Court is vacant
or any such Judge is for any reason unable to perform
the functions of his office; or
(c) the state of business in the High Court or the Court of
Appeal so requires,
the President acting in accordance with the advice of the Judicial
and Legal Service Commission may appoint a person (being a
person qualified for appointment to the substantive office) to be
temporarily a Justice of Appeal or, as the case may be, a Judge
of the High Court.

(4) A person may be appointed under clause (3) of this article
notwithstanding that he has attained the age of sixty-five years.

(5) Any person appointed under this article to be temporarily a
Justice of Appeal or a Judge of the High Court shall hold office
until his appointment is revoked by the President acting in
accordance with the advice of the Judicial and Legal Service
Commission.

Article 121 Tenure of
office
(1) Subject to article 120(5), a Judge of the Supreme Court
shall hold office in accordance with article 153.

(2) No office of Judge of the Supreme Court shall be abolished
while there is a substantive holder of that office.

Article 122 Oath of
office
A judge of the Supreme Court shall not enter upon the
duties of his office unless he has taken and subscribed the oath of
office before the President or some person appointed by the
President for the purpose.






Final Court of Appeal


Final court Article 123
of appeal
(1) Subject to clause (2) of this article, the Court of Appeal
shall be the final court of appeal for Trinidad and Tobago.

(2) Parliament may make provision for appeals in any matters
'from the Court of Appeal to a court established jointly with
other countries of the Commonwealth Caribbean.






CHAPTER 9


ATTORNEY-GENERAL AND OMBUDSMAN

Part 1

Attorney-General

Article 124 Appointment,
tenure and
(1) There shall be an Attorney-General for Trinidad and To- functions
bago whose office shall be a public office.

(2) The Attorney-General shall be appointed by the President
under article 151 and shall hold office in accordance with the
provisions of article 153.

(3) The Attorney-General shall have power in any case in
which he considers it proper to do so-
(a) to institute and undertake criminal proceedings against
any person before any court in respect of any offence
against the law of Trinidad and Tobago;
(b) to take over and continue any such criminal proceedings
'that may have been instituted by any other person or
authority;
(c) to discontinue at any stage before judgment is delivered
any such criminal proceedings instituted or undertaken
by himself or any other person or authority.

(4) The powers conferred upon the Attorney-General by para-
graphs (b) and (c) of clause (3) of this article shall be vested in
him to the exclusion of any other person or authority, except
that a person or authority that has instituted criminal proceed-
ings may withdraw them at any stage before the, person against
whom the proceedings have been instituted has been charged
before the court.

(5) He shall advise the President on legal matters when re-
quested by the President to do so.

(6) He shall be the legal adviser to the Ombudsman, the
Auditor-General, the Elections Commissioner, the Service Com-
missions and to such other Commissions and to such persons
holding offices of a national character as the President may
specify.

(7) The functions of the Attorney-General under clauses (3)
and (6) of this article may be exercised by him in person or
through other persons acting under and in accordance with his






general or special instructions but his functions under clause (5)
of this article shall be exercised by him in person if so requested
by the President.

(8) In the exercise of powers conferred upon him by this article
the Attorney-General shall not be subject to the direction or
control of any other person or authority.

(9) For the purposes of this article, an appeal from a determi-
nation in criminal proceedings before any court, or a case stated
or question of law reserved for the purpose of such proceedings
to any other court shall be deemed to be part of those pro-
ceedings.


Part 2

Ombudsman
Appointment Article 125
and condi-
tions of (1) There shall be an Ombudsman for Trinidad and Tobago
office who shall be an officer of Parliament and who shall not hold any
other office of emolument whether in the public service or other-
wise nor engage in any occupation for reward other than the
duties of his office.

(2) The Ombudsman shall be appointed by the President under
article 149.

(3) The office of the Ombudsman shall become vacant at the
expiration of five years from the date of his appointment.

(4) Subject to clause (3) of this article the Ombudsman shall
hold office in accordance with the provisions of article 153.

(5) The salary and allowances of the Ombudsman shall be no
less than those of a Justice of Appeal.

(6) Before entering upon the duties of his office, the Ombuds-
man shall take and subscribe the oath of office before the Speaker
of the National Assembly.
Staff of Article 126
Ombudsman
(1) The Ombudsman shall be provided with a staff adequate
for the efficient discharge of his functions and the members of
his staff shall be appointed under article 154.

(2) The salaries and allowances of the staff of the Ombudsmar
shall be a charge on the Consolidated Fund.







Article 127 Functions
of Ombuds-
(1) Subject to, this article and to articles 128 and 129, the man
principal function of the Ombudsman shall be to investigate any
decision or recommendation made (including any advice given
or recommendation made to a Minister) or any act done or
omitted by any department of government or any other authority
to which this article applies, or by officers or members of such a
department or authority, being action taken in exercise of the
administrative functions of that department or authority.

(2) The Ombudsman may investigate any such matter in any
of the following circumstances:
(a) if a complaint is duly made to the Ombudsman by any
person alleging that the complainant has sustained an
injustice as a result of a fault in administration;
(b) if a member of the National Assembly requests the
Ombudsman to investigate the matter on the ground that
a person or body of persons specified in the request has
or may have sustained such injustice;
(c) in any other circumstances in which the Ombudsman
considers that he ought to investigate the matter on the
ground that some person or body of persons has or may
have sustained such injustice.

(3) The authorities other than departments of government to
which this article applies are- .
(a) local authorities or other bodies established for pur-
poses of the public service orof local government;
(b) authorities or bodies the majority of whose members
are appointed by the President or by a Minister or
whose revenues consist wholly or mainly of moneys pro-
vided out of public funds;
(c) any authority empowered to determine the person
with whom any contract shall be entered into by or on
behalf of Government;
(d) such other authorities as may be prescribed by Parlia-
ment.

Article 128 Restrictions
on matters
(1) In investigating any matter leading to, resulting from or for investi-
connected with the decision of a Minister, the Ombudsman shall nation
not inquire into or question the policy of the Minister in accor-
dance with which the decision was made.

(2) The Ombudsman may investigate complaints of adminis-
trative injustice under article 127 notwithstanding that such







complaints raise questions as to the integrity or corruption of the
public service or any department or office of the public service
and may investigate any conditions resulting from, or calculated
to facilitate or encourage corruption in the public service, but he
shall not undertake any investigation into specific charges of
corruption against individuals.

(3) If in the course of an investigation it appears to the Om-
budsman that there is evidence of any corrupt act by any public
officer or by any person in connection with the public service, he
shall report the matter to the appropriate authority with his re-
commendation as to any further investigation he may consider
proper.

(4) The Ombudsman shall not investigate-
(a) any action in respect of which the complainant has or
had-
(i) a remedy by way of proceedings in a court; or
(ii) a right of appeal, reference or review to or before
an independent and impartial tribunal other than a
court; or
(b) any such action, or action taken with respect to any
such matter, as is described in the Third Schedule to
this Constitution: Provided that the Ombudsman-
(i) may investigate a matter notwithstanding that the
complainant has or had a remedy by way of pro-
ceedings in a court if satisfied that in the particular
circumstances it is not reasonable to expect him to
take or to have taken such proceedings;
(ii) shall not in any case be precluded from investi-
gating any matter by reason only that it is open to
the complainant to apply to the High Court for re-
dress under article 25 of this Constitution (which
relates to redress for contravention of the provisions
for the protection of fundamental rights)
Discretion Article 129
of Ombuds-
man In determining whether to initiate, continue or discontinue
an investigation, the Ombudsman shall, subject to articles 127
and 128, act in his discretion and, in particular and without pre-
judice to the generality of this discretion, the Ombudsman may
refuse to initiate or may discontinue an investigation if it appears
to him that-
(a) a complaint relates to action of which the complainant
has had knowledge for more than twelve months before
the complaint was received by the Ombudsman;
(b) the subject matter of the complaint is trivial;






(c) the complaint is frivolous or vexatious or is not made
in good faith; or
(d) the complainant has not a sufficient interest in the sub-
ject matter of the complaint.

Article 130 Report on
investiga-
(1) Where a complaint or request for an investigation is duly tion
made and the Ombudsman decides not to investigate the matter
or where he decides to discontinue an investigation of the
matter, he shall inform the person who made the complaint or
request of the reasons for his decision.

(2) Upon the completion of an investigation the Ombudsman
shall inform the department of government or the authority con-
cerned of the results of the investigation and if he is of the opinion
that any person has sustained an injustice in consequence of a
fault in administration, he shall inform the department of govern-
ment or the authority of the reasons for his opinion and make
such recommendations as he thinks fit. The Ombudsman may in
his original recommendations, or -at any later stage he thinks fit,
specify the time within which the injustice should be remedied.

(3) Where the investigation is undertaken as a result of a com-
plaint or request, the Ombudsman shall inform the person who
made the complaint or request of his findings.

(4) Where the matter is in the opinion of the Ombudsman of
sufficient public importance or where the Ombudsman has made
a recommendation under clause (2) of this article and within the
time specified by him no sufficient action has been taken to
remedy the injustice, then subject to such provision as may be
made by Parliament, the Ombudsman shall lay a special report
on the case before the National Assembly.

(5) The Ombudsman shall make annual reports on the perfor-
mance of his functions to the Assembly which shall include
statistics (in such form and in such detail as Parliament may
prescribe) of the complaints received by him and the results of his
investigations.

Article 131 Power to
obtain
(1) The Ombudsman shall have the powers of the High Court evidence
to summon witnesses to appear before him and to compel them to
give evidence on oath and to produce documents relevant to the
proceedings before him and all persons giving evidence at those
proceedings shall have the same duties and liabilities and enjoy
the same privileges as in the High Court.

(2) The Ombudsman shall have power to enter and inspect the
premises of any government department or any authority to which






article 127 applies to call for, examine and where necessary re-
tain any document kept on such premises and there to carry out
any investigation in pursuance of his functions.
Power to Article 132
make laws
(1) Subject to clause (2) of this article, Parliament may make
provision -
(a) for regulating the procedure for the making of com-
plaints and requests to the Ombudsman and for the
exercise of the functions of the Ombudsman;
(b) for conferring such powers on the Ombudsman and
imposing such duties on persons concerned as are
necessary to facilitate the Ombudsman in the perfor-
mance of his functions; and
(c) generally for giving effect to the provisions of this Part
of this Chapter.

(2) (a) The Ombudsman shall not be empowered to summon a
Minister to appear before him or to compel a Minister to answer
any questions relating to any matter under investigation by the
Ombudsman.
(b) No complainant shall be required to pay any fee in re-
spect of his complaint or request or for any investigation to be
made by the Ombudsman.







CHAPTER 10


APPOINTMENTS AND TENURE OF OFFICES

Part 1

SERVICE COMMISSIONS

Judicial and Legal Service Commission

Article 133 Constitution
of Commission
(1) There shall be a Judicial and Legal Service Commission
which shall consist of a Chairman (who shall be the Chief
Justice) and four other members appointed by the President
under article 151.

(2) One member shall be a former Judge of the Supreme Court.

Article 134 Appointment
etc.,to judicial
(1) The Judicial and Legal Service Commission shall have offices
power to appoint persons to the offices to which this article
applies, to exercise disciplinary control over such persons and to
remove such persons from office.

(2) This article applies-
(a) to magistrates and members of the professional staff
of the Attorney-General and of the Ministry of Legal
Affairs other than the Chief State Counsel*, the Chief
Parliamentary Counsel and the Legal Secretary to
the Minister of Legal Affairs;
(b) to such other public offices the holders of which are
required to possess legal qualifications as may be
prescribed by Parliament.


Public Service Commission
Article 135 Constitution
of Commission
There shall be a Public Service Commission which shall
consist of a Chairman and four other members all of whom shall
be appointed by the President under article 151.



* formerly known as Solicitor-General






Appointments Article 136
etc., to
public offices (1) Subject to clause (3) of this article, the Public Service Com-
mission shall have power to appoint persons to the .offices to
which this article applies, to exercise disciplinary control over
such persons and to remove such persons from office.

(2) No appointment shall be made under this article to any
office on the personal staff of the President without the approval
of the President.

(3) (a) Before the Public Service Commission makes any ap-
pointment to an office to which this clause applies it shall consult
with the Prime Minister.
(b) No appointment shall be made to an office to which this
clause applies if the Prime Minister informs the Commission in
writing that he objects to that appointment.
(c) This clause applies to the office of Permanent Secretary,
Chief Technical Officer, Chief State Counsel, Chief Parliamentary
Counsel, Legal Secretary to the Minister of Legal Affairs, Direc-
tor of Personnel Administration, and the office of deputy to any of
these offices, any office the holder of which is required to reside
outside Trinidad and Tobago for the proper discharge of his
functions, and such offices in the Ministry of External Affairs as
may from time to time be designated by the Prime Minister after
consultation with the Public Service Commission.

(4) Before the Public Service Commission appoints or transfers
or takes any disciplinary action against a member of the staff of
the Auditor-General, the Elections Commissioner or the Parlia-
mentary Integrity Commission, it shall consult with the Auditor-
General, the Elections Commissioner or the Parliamentary In-
tegrity Commission, as the case may be.

(5) This article applies to all public offices other than offices to
which appointments are to be made by the Judicial and Legal
Service Commission (under article 134) the Protective Services
Commission (under article 138) or the Teaching Service Com-
mission (under article 140) or offices to which appointments are
to be made by the President or by the Ombudsman under Part 3
of this Chapter.


Protective Services Commission
Constitution Article 137
of Commission
There shall be a Protective Services Commission which
shall consist of a Chairman and four other members all of whom
shall be appointed by the President under article 151.







Article 138
(1) The Protective Services Commission shall have power to
appoint persons to offices in the protective services, to exercise
disciplinary control over such persons and to remove such persons
from office.

(2) Before the Protective Services Commission makes an ap-
pointment to the office of Commissioner of Police or of Deputy
Commissioner of Police it shall consult with the Prime Minister
and no appointment shall be made to such office if the Prime
Minister informs the Commission in writing that he objects to
that appointment.

Teaching Service Commission

Article 139
There shall be, a Teaching Service Commission which shall
consist of a Chairman and four other members all of whom shall
be appointed by the President under article 151.

Article 140
The Teaching Service Commission shall have power to
appoint persons to public offices in the teaching service, to
exercise disciplinary control over such persons and to remove
such persons from office.

General Provisions on Service Commissions
Article 141
(1) A person shall not be qualified to hold the office of mem-
ber of a Service Commission-
(a) if he is a member of the National Assembly; or
(b) if he 'holds or is acting in any public office or has held
any public office within the period of three years pre-
ceding his proposed appointment.

(2) A person who has held office or acted as a member of a
Service Commission shall not, within a period of three years
commencing with the date on which he last held or acted in such
an office, be eligible for appointment to any public office.

(3) The office of a member of a Service Commission shall become
vacant-
(a) at the expiration of five years from the date of his ap-
pointment or such shorter period, not being less than
three years, as may be specified at the time of his
appointment; or


Appointments
etc., to
protective
service
offices


Constitution
of Commission




Appointments
etc., of
teachers


Qualifications,
tenure of
office, etc.





























Delegation of
functions


Consultation
with other
Service
Commissions



Powers and
procedure of
Service
Commissions
and protection
from legal
proceedings


(b) if with his consent he is nominated for election to the
National Assembly or to the office of President or of
Vice-President.

(4) (a) Subject to paragraph (b) of this clause, a member of a
Service Commission may be removed from office by the President
acting in his discretion for inability to discharge the functions of
his office (whether arising from infirmity of mind or body or any
other cause) or for misbehaviour.
(b) If the member is a Judge of the Supreme Court, he
shall not be so removed from office unless he is removed from
his office as a Judge under article 153.

(5) A member of a Service Commission shall not be removed
from office except in accordance with the provisions of this
article.

(6) Before entering upon the duties of his office a member of a
Service Commission shall take and subscribe the oath of office
before the President or a person appointed by the President for
the purpose.

Article 142
A Service Commission may, with the approval of the Prime
Minister and subject to such conditions as it may think fit,
delegate any of its functions under this Part of this Chapter,
other than any power conferred on the Commission by article
144, to any of its members or-
(a) in the case of the Judicial and Legal Service Commis-
sion, to any Judge of the Supreme Court;
(b) in the case of the Public Service Commission or the
Teaching Service Commission, to any public officer; and
(c) in the case of the Protective Services Commission, where
the function relates to a particular service, to the officer
in charge of that service or his deputy.

Article 143
Before a Service Commission appoints to an office a person
holding or acting in any office power to make appointments to
which is vested by this Constitution in another Service Com-
mission, it shall consult with that other Commission.

Article 144
(1) Subject to clause (3) of this article, a Service Commission
may, with the consent of the Prime Minister, by regulation or
otherwise regulate its own procedure (including the procedure
for consultation with persons with whom it is required by this






Constitution to consult) and confer powers and impose duties on
any public officer or on any authority of the Government of
Trinidad and Tobago, for the purpose of the discharge of its
functions.

(2) At any meeting of a Service Commission three members
shall constitute a quorum.

(3) The question whether-
(a) a Service Commission has validly performed any func-
tion vested in it by this Constitution;
(b) a member of a Service Commission or any other person
has validly performed any function delegated to that
member or person under article 142; or
(c) a member of a Service Commission or any other person
or authority has validly performed any other function
in relation to the work of the Commission or in relation
to any such function as is referred to in paragraph (b)
of this clause,
shall notbe inquired into in any court.

Part 2

Public Service Appeal Board

Article 145. Constitution of
Appeal Board
(1) There shall be a Public Service Appeal Board to which
appeals shall lie from such decisions against public officers as
are specified in article 147(1).
(2) The Appeal Board shall consist of a Chairman who shall
be a Judge of the Supreme Court appointed by the President
after consultation with the Chief Justice and two other members
appointed by the President under article 151.
(3) One member of the Appeal Board shall be a retired public
officer.
Article 146 Tenure of
office etc.
(1) Article 141 (which relates to qualifications for appointment,
eligibility for public office and the term and tenure of office of
members'of Service Commissions) shall apply to members of the
Public Service Appeal Board as they apply to members of a Ser-
vice Commission.

(2) Before entering upon the duties of his office, a member of
the Appeal Board shall take and subscribe the oath of office be-
fore the President or a person appointed by the President for
the purpose.






Appeals in Article 147
Discipline
Cases (1) An appeal shall lie to the Public Service Appeal Board
from-
(a) any decision of a Service Commission, or of any person
to whom the powers of the Commission have been dele-
gated, imposing a penalty as a result of disciplinary
proceedings brought against him;
(b) any decision of a Service Commission, or of any person
to whom the powers of a Service Commission have been
delegated, which adversely affects the terms of service of
a public officer;
(c) any decision of a Service Commission approving the
withholding, suspending or reducing of a benefit pay-
able under article 156.

(2) An appeal shall lie to the Appeal Board at the instance of
the public officer in respect of whom the decision is made or, in
the case of a decision in respect of a benefit under clause (1) (c)
of this article, at the instance of any person entitled to the benefit.

(3) Upon an appeal under this article, the Appeal Board may
affirm or set aside the decision appealed against or may substitute
any other decision which the Commission or the person from
whom the appeal lies could have made.

(4) Every decision of the Appeal Board shall require the con-
currence of the majority of its members.

(5) The Appeal Board may by regulations make provision for-
(a) procedure of its own; and
(b) the procedure in appeals under this article.

(6) With the consent of the Prime Minister, the Appeal Board
may by regulation or otherwise confer powers and impose duties
on any public officer or any authority of the Government of
Trinidad and Tobago for the purpose of the exercise of the func-
tions of the Appeal Board.


Part 3

Special Offices
appointments Article 148
of principal
representatives (1) The President acting in accordance with the advice of the
of Trinidad Prime-Minister shall have power to appoint persons to the offices
to which this article applies and to remove persons from any
such office.






(2) Before tendering any advice for the purposes of this article
in relation to any person who holds or is acting in any public
office other than an office to which this article applies, the Prime
Minister shall consult with the appropriate Service Commission.

(3) This article applies to the office of any Ambassador, High
Commissioner or other principal representative of Trinidad and
Tobago in any other country.
Article 149 Appointments to
special offices
(1) The nomination of a person for appointment to the office
of Ombudsman, Auditor-General or Elections Commissioner
shall be made by the President after consultation with the Prime
Minister, the Leader of the Opposition and such other persons
as he may think fit.

(2) The nomination shall be delivered to the Speaker of the
National Assembly who shall refer it to the Constitutional and
Legal Affairs Committee.

(3) The Committee shall inquire fully into the nomination and
shall report its recommendations to the Assembly within the time
specified by the Speaker.

(4) The Assembly shall vote on the recommendation of the
Committee without debate and if a recommendation for the ap-
pointment of a person to an office is supported by the votes of
three-fifths of the total membership of the Assembly, the President
shall appoint that person to the office.
Article 150 Appointments
to statutory
(1) Where any law in force in Trinidad and Tobago confers on authorities
and national
a person or authority the power to appoint the chairman of a companies
statutory authority or where the Government of Trinidad and
Tobago has power to appoint the chairman of a board or of the
managing body of a company or firm controlled by the Govern-
ment, any appointment made in exercise of that power shall be
subject to approval by resolution of the Assembly.

(2) The proposal for appointment shall first be delivered to the
Speaker of the Assembly who shall refer it to the Labour, In-
dustry and Commerce Committee.

(3) The Committee shall inquire fully into the proposal and
shall report its recommendation to the National Assembly within
the time specified by the Speaker.

(4) The Assembly shall vote on the recommendation of the
Committee without debate and if a recommendation for approval
Of the proposed appointment is supported by resolution of the
Assembly, the appointment shall thereupon take effect.






Appointments Article 151
to other
special offices (1) An appointment to any office to which this article applies
shall be made by the President after consultation with the Prime
Minister, the Leader of the Opposition and such other persons
as he may think fit.

(2) This article applies to the offices of Chief Justice, Attorney-
General, member of the Parliamentary Integrity Commission,
member of the Public Service Appeal Board (other than the
Chairman), member of a Service Commission (other than the
Chairman of the Judicial and Legal Service Commission) and the
independent member of the Boundaries Commission.
Acting Article 152
appointments
If any office to which article 149, 150 or 151 applies (other
than that of Chief Justice or of Elections Commissioner) is vacant
or if the person holding that office is for any reason unable to
perform the functions of his office, then until a person has been
appointed to and has assumed the functions of that office or, as
the case nlma lie. until the person holding that office has resumed
his functions, those functions shall be performed by such person
(being a person qualified for appointment to the substantive
office) as may be appointed by the President after consultation
with the Prime Minister, the Leader of the Opposition and such
other persons as he may think fit.
Tenure of Article 153
special
offices (1) The holder of an office to which this article applies (in this
article referred to as the officer) shall vacate his office on attaining
the age of 65 years or' such other age as may be prescribed by
Parliament.

(2) Notwithstanding that he has attained the age at which he is
required by or under clause (1) of this article to vacate his office,
a Judge of the Supreme Court may with the permission of the
President, acting in accordance with the advice of the Chief Justice,
continue in office for such period after attaining that age as may be
necessary to enable him to deliver judgment or to do any other
thing in relation to proceedings that were commenced before him
before he attained that age.

(3) Nothing done by the officer shall be invalid by reason only
that he has attained the age at which he is required under this
article to vacate his office.

(4) The officer shall vacate his office if, with his consent, he is
nominated for election to the National Assembly or to the office
of President or Vice-President.






(5) The officer may be removed from office only for inability to
discharge the functions of his office (whether arising from in-
firmity of mind or body or any other cause) or for misbehaviour
and shall not be so removed except in accordance with the pro-
visions of clause (8) of this article.

(6) A decision that the question of removing the officer from
office ought to be investigated may be made at any time -
(a) in the case of a Judge of the Supreme Court (other than
the Chief Justice), by the Chief Justice;
(b) in the case of the Ombudsman, by resolution of the
Assembly; and
(c) in any other case, by the President either on his own
initiative or upon the representation of the Prime
Minister.

(7) If a decision is made under clause (6) that the question of
removing the officer from office ought to be investigated, then-
(a) the President shall appoint a tribunal which shall con-
sist of a Chairman and not less than two other members
all of whom shall be selected by the President acting in
accordance with the advice of the Judicial and Legal
Service Commission from among persons who hold or
have held office as a judge of a court having unlimited
jurisdiction in civil and criminal matters in some part of
the Commonwealth or a court having jurisdiction in
appeals from any such court; and
(b) the tribunal shall inquire into the matter and report on
the facts to the President and advise the President
whether the officer ought to be removed from office on
any of the grounds specified in clause (5) of this article.

(8) If the question of removing the officer from office is referred
to a tribunal appointed under clause (7) of this article and the
tribunal advises the President that the officer ought to be re-
moved from office, the President shall, by writing signed by him,
remove the officer from office.

(9) If the question of removing the officer from office has been
referred to a tribunal under clause (7) of this article, the President
after consultation with the Judicial and Legal Service Commission
may suspend the officer from performing the functions of his office
and any such suspension may at any time be revoked by the Pre-
sident and shall in any case cease to have effect if the tribunal
advises the President that the officer ought not to be removed from
office.






(10) The salaries and allowances payable to the holders of the
offices to which this article applies shall be a charge on the Con-
solidated Fund.

(11) The salary and allowances payable to the holder of any
office to which this article applies and his other terms of service
shall not be altered to his disadvantage after his appointment and
for the purposes of this clause, in so far as the terms of service
of any person depend upon the option of that person, the terms
for which he opts shall be taken to be more advantageous to him
than any other terms for which he might have opted.

(12) This article applies to the office of Judge of the Supreme
Court, Attorney-General, Ombudsman, Auditor-General and
Elections Commissioner.
Appointments Article 154
to staff of
Ombudsman (1) The Ombudsman shall have power to appoint persons to the
offices constituting his staff, to exercise disciplinary control over
such persons and to remove such persons from office.

(2) Members of the staff of the Ombudsman may be recruited
from the public service or from outside and if recruited from the
public service, they shall, subject to the approval of the appropri-
ate Service Commission, be seconded from the public service for
the purpose.

Part 4
Pensions
Protection of Article 155
pension rights
(1) Subject to article 156 of this Constitution, the law applicable
to any benefits to which this article applies shall, in relation to any
person who has been granted or who is eligible for the grant of
such benefits, be that in force on the relevant date or any later
law that is not less favourable to that person.

(2) In this article, 'the relevant date' means-
(a) in relation to any benefits granted before the
1974 *, the date prescribed by section 100 of the
former Constitution;
(b) in relation to any benefits granted or to be granted on or
after the 1974 to or in respect
of any person who was a public officer before that date,
the 1974;


SThe date to be inserted in the blank spaces in paragraphs (a), (b) and (c) of this
clause is the date of commencement of this Constitution.




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