Constitution of the State of Talenore

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Malliki Nur Pinito
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Constitution of the State of Talenore

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CONSTITUTION OF THE STATE OF TALENORE
PART I
PRELIMINARY
Citation
1. This Constitution may be cited as the Constitution of the State of Talenore.

PART II
THE STATE AND THE CONSTITUTION
State of Talenore
2. Talenore shall be a sovereign and independent state to be known as the State of Talenore.

Supremacy of Constitution
3. This Constitution is the supreme law of the State of Talenore and any law enacted by the Legislature after the commencement of this Constitution which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.

Amendment of Constitution
4.(1) Subject to this Article, the provisions of this Constitution may be amended by a law enacted by the Legislature.
(2) A Bill seeking to amend any provision in this Constitution shall not be passed by Parliament unless it has been supported by the votes of not less than two-thirds of the total number of the elected Members of Parliament.
(3) Unless the President, acting in his discretion, otherwise directs the Speaker in writing, a Bill seeking to amend
(a) this clause or Article 5;
(b) any provision in Part IV;
(c) any provision in Chapter 1 of Part V or Article 70;
(d) Article 66 or 67; or
(e) any other provision in this Constitution which authorises the President to act in his discretion,
shall not be passed by Parliament unless it has also been supported at a national referendum by not less than two-thirds of the total number of votes cast by the electors.
(4) In this Article, “amendment” includes addition and repeal.

President may withhold assent to certain constitutional amendments
5.(1) Subject to Part III, the President may, acting in his discretion, in writing withhold his assent to any Bill seeking to amend this Constitution (other than a Bill referred to in Article 5(2)), if the Bill or any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution.
(2) Where the President has withheld assent to a Bill in accordance with 5(1), the Bill shall be submitted to the electors for a national referendum.
(3) If the Bill referred to in clause (2) is supported at the national referendum by not less than two-thirds of the total number of votes cast by electors, the President shall be deemed to have assented to the Bill on the day immediately after the publication in the Gazette of the results of the national referendum.
(4) For the purposes of this Article, where, on the expiration of 30 days after a Bill has been presented to the President for his assent, the President has neither signified the withholding of his assent to the Bill nor referred the Bill to a national referendum pursuant to Article 5(2), the President shall be deemed to have assented to the Bill on the day immediately following the expiration of the said 30 days.

PART III
PROTECTION OF THE SOVEREIGNTY OF THE STATE OF TALENORE
No surrender of sovereignty or relinquishment of control over the Police Force or the Armed Forces except by referendum
6.(1) There shall be
(a) no surrender or transfer, either wholly or in part, of the sovereignty of the State of Talenore as an independent nation, whether by way of merger or incorporation with any other sovereign state or with any Federation, Confederation, country or territory or in any other manner whatsoever; and
(b) no relinquishment of control over the Talenore Police Force or the Talenore Armed Forces,
unless such surrender, transfer or relinquishment has been supported, at a national referendum, by not less than two-thirds of the total number of votes cast by the electors.
(2) For the purposes of this Article, "Talenore Police Force" and "Talenore Armed Forces" means the police force and armed forces formed in accordance with law, and such other forces as the President may, by notification in the Gazette, declare to be a police force or an armed force for the purposes of this Article.

Participation in co-operative international schemes which are beneficial to Talenore
7. Without in any way derogating from the force and effect of Article 6, nothing in that Article shall be construed as precluding Talenore or any association, body or organisation therein from
(a) participating or co-operating in, or contributing towards, any scheme, venture, project, enterprise or undertaking of whatsoever nature, in conjunction or in concert with any other sovereign state or with any Federation, Confederation, country or countries or any association, body or organisation therein, where such scheme, venture, project, enterprise or undertaking confers, has the effect of conferring or is intended to confer, on Talenore or any association, body or organisation therein, any economic, financial, industrial, social, cultural, educational or other benefit of any kind or is, or appears to be, advantageous in any way to Talenore or any association, body or organisation therein; or
(b) entering into any treaty, agreement, contract, pact or other arrangement with any other sovereign state or with any Federation, Confederation, country or countries or any association, body or organisation therein, where such treaty, agreement, contract, pact or arrangement provides for mutual or collective security or any other object or purpose whatsoever which is, or appears to be, beneficial or advantageous to Talenore in any way.

No amendment to this Part except by referendum
8.(1) A Bill for making an amendment to this Part shall not be passed by Parliament unless it has been supported, at a national referendum, by not less than two-thirds of the total number of votes cast by the electors.
(2) In this Article, “amendment”includes addition and repeal.

PART IV
FUNDAMENTAL LIBERTIES
Liberty of the person
9.(1) No person shall be deprived of his life or personal liberty save in accordance with law.
(2) Where a complaint is made to the High Court or any Judge thereof that a person is being unlawfully detained, the Court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the Court and release him.
(3) Where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.
(4) Where a person is arrested and not released, he shall, without unreasonable delay, and in any case within 48 hours (excluding the time of any necessary journey), be produced before a Magistrate, in person or by way of video-conferencing link (or other similar technology) in accordance with law, and shall not be further detained in custody without the Magistrate’s authority.
(5) Clauses (3) and (4) shall not apply to an enemy alien or to any person arrested for contempt of Parliament pursuant to a warrant issued under the hand of the Speaker.
(6) Nothing in this Article shall invalidate any law
(a) which authorises the arrest and detention of any person in the interests of public safety, peace and good order;
(b) relating to the misuse of drugs or intoxicating substances which authorises the arrest and detention of any person for the purpose of treatment and rehabilitation, or
(c) by reason of such law being inconsistent with clauses (3) and (4).

Slavery and forced labour prohibited
10.(1) No person shall be held in slavery.
(2) All forms of forced labour are prohibited, but Parliament may by law provide for compulsory service for national purposes.
(3) Work incidental to the serving of a sentence of imprisonment imposed by a court of law shall not be taken to be forced labour within the meaning of this Article.

Protection against retrospective criminal laws and repeated trials
11.(1) No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed.
(2) A person who has been convicted or acquitted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was convicted or acquitted.

Equal protection
12.(1) All persons are equal before the law and entitled to the equal protection of the law.
(2) Except as expressly authorised by this Constitution, there shall be no discrimination against citizens of Talenore on the ground only of religion, race, descent or place of birth in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.
(3) This Article does not invalidate or prohibit
(a) any provision regulating personal law; or
(b) any provision or practice restricting office or employment connected with the affairs of any religion, or of an institution managed by a group professing any religion, to persons professing that religion.

Prohibition of banishment and freedom of movement
13.(1) No citizen of Talenore shall be banished or excluded from Talenore, save from in accordance with law.
(2) Subject to any law relating to the security of Talenore or any part thereof, public order, public health or the punishment of offenders, every citizen of Talenore has the right to move freely throughout Talenore and to reside in any part thereof.

Freedom of speech, assembly and association
14.(1) Subject to clauses (2) and (3)
(a) every citizen of Talenore has the right to freedom of speech and expression;
(b) all citizens of Talenore have the right to assemble peaceably and without arms; and
(c) all citizens of Talenore have the right to form associations.
(2) Parliament may by law impose
(a) on the rights conferred by clause (1)(a), such restrictions as it considers necessary or expedient in the interest of the security of Talenore or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or to provide against contempt of court, defamation or incitement to any offence;
(b) on the right conferred by clause (1)(b), such restrictions as it considers necessary or expedient in the interest of the security of Talenore or any part thereof or public order; and
(c) on the right conferred by clause (1)(c), such restrictions as it considers necessary or expedient in the interest of the security of Talenore or any part thereof, public order or morality.
(3) Restrictions on the right to form associations conferred by clause (1) (c) may also be imposed by any law relating to labour or education.

Freedom of religion
15.(1) Every person has the right to profess and practise his religion and to propagate it.
(2) No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own.
(3) Every religious group has the right
(a) to manage its own religious affairs;
(b) to establish and maintain institutions for religious or charitable purposes; and
(c) to acquire and own property and hold and administer it in accordance with law.
(4) This Article does not authorise any act contrary to any general law relating to public order, public health or morality.

Rights in respect of education
16.(1) Without prejudice to the generality of Article 12, there shall be no discrimination against any citizen of Talenore on the grounds only of religion, race, descent or place of birth
(a) in the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or students or the payment of fees; or
(b) in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational institution (whether or not maintained by a public authority and whether within or outside Talenore).
(2) No person shall be required to receive instruction in or to take part in any ceremony or act of worship of a religion other than his own.

PART V
THE GOVERNMENT
Chapter 1 — The President
The President
17.(1) There shall be a President of Talenore who shall be the Head of State and shall exercise and perform such powers and functions as are conferred on the President by this Constitution and any other written law.
(2) The President shall be elected by the citizen of Talenore in accordance with any law made by the Legislature.
(3) Any poll for the election of President shall be held as follows:
(a) in the case where the office of President becomes vacant prior to the expiration of the term of office of the incumbent and a writ for the election has not been issued before such vacation of office or, if so issued, has already been countermanded — within 6 months after the date the office of President becomes vacant; or
(b) in any other case — not more than 3 months before the date of expiration of the term of office of the incumbent.

Qualifications and disabilities of President
18.(1) No person shall be elected as President unless he is qualified for election in accordance with the provisions of this Constitution.
(2) A person shall be qualified to be elected as President if he
(a) is a citizen of Talenore, and
(b) is not a member of any political party on the date of his nomination for election.
(3) The President shall
(a) not hold any other office created or recognised by this Constitution;
(b) not actively engage in any commercial enterprise;
(c) not be a member of any political party; and
(d) if he is a Member of Parliament, vacate his seat in Parliament.
(4) Nothing in clause (3) shall be construed as requiring any person exercising the functions of the office of President under Article 26 or 27 to
(a) if he is a member of any political party, resign as a member of that party; or
(b) vacate his seat in Parliament or any other office created or recognised by this Constitution.

Term of office
19.(1) The President shall hold office for a term of 6 years from the date on which he assumes office.
(2) The person elected to the office of President shall assume office on the day his predecessor ceases to hold office or, if the office is vacant, on the day following his election.
(3) Upon his assumption of office, the President shall take and subscribe in the presence of the Chief Justice or of another Judge of the Supreme Court the Oath of Office in the form set out in law.

Discharge and performance of functions of President
20.(1) Except as provided by this Constitution, the President shall, in the exercise of his functions under this Constitution or any other written law, act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet.
(2) The President may act in his discretion in the performance of the following functions:
(a) the appointment of the Prime Minister in accordance with Article 31;
(b) the withholding of consent to a request for a dissolution of Parliament;
(c) the withholding of assent to any Bill under Article 5 or 22;
(d) representing Talenore abroad, foreign policy and the negotiating of treaties that do not require change in law; and
(d) any other function the performance of which the President is authorised by this Constitution or any other law to act in his discretion.
(5) The Legislature may by law make provision to require the President to act after consultation with, or on the recommendation of, any person or body of persons other than the Cabinet in the exercise of his functions other than —
(a) functions exercisable in his discretion; and
(b) functions with respect to the exercise of which provision is made in any other provision of this Constitution.

Appointment of public officers, etc.
21.(1) Notwithstanding any other provision of this Constitution, the President, acting in his discretion, may refuse to make an appointment to any of the following offices or to revoke any such appointment if he does not concur with the advice or recommendation of the authority on whose advice or recommendation he is, by virtue of that other provision of this Constitution or any other written law, to act:
(a) the Chief Justice and Judges of the Supreme Court;
(b) the Attorney-General;
(c) the Chief of Defence Force;
(d) the Chiefs of the Air Force, Army and Navy; and
(e) the Commissioner of Police.

President may withhold assent to certain Bills
22.(1) The President may, acting in his discretion, in writing withhold his assent to any Bill (other than a Bill seeking to amend this Constitution), if the Bill or any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution.
(2) For the purposes of this Article, where, on the expiration of 30 days after a Bill has been presented to the President for his assent, the President has not signified the withholding of his assent to the Bill, the President shall be deemed to have assented to the Bill on the day immediately following the expiration of the said 30 days.

Civil List and personal staff of President
23.(1) The Legislature shall by law provide a Civil List for the maintenance of the President.
(2) Any person exercising the functions of the office of President under Article 26 or 27 shall, during any period in which he exercises those functions, be entitled to such remuneration as the Legislature may by law provide.
(3) The appointment, terms of service, disciplinary control, termination of appointment and dismissal of the personal staff of the President shall be matters for the President acting in his discretion.
(4) The remuneration of the personal staff of the President shall be defrayed out of the Civil List for the maintenance of the President.

Immunity of President from suit
24.(1) Except as provided in clause (3), the President shall not be liable to any proceedings whatsoever in any court in respect of anything done or omitted to be done by him in his official capacity.
(2) No proceedings in any court in respect of anything done or omitted to be done by the President in his private capacity shall be instituted against him during his term of office.
(3) The immunity conferred by clause (1) shall not apply to any inquiry held by a tribunal pursuant to a resolution passed by Parliament under Article 25.

Vacation of and removal from office of President
25.(1) The office of President shall become vacant
(a) upon the death of the President;
(b) if the President resigns his office by writing under his hand addressed to the Prime Minister;
(c) if the President is removed from office in accordance with clauses (3) to (7); or
(d) if upon the expiration of the term of office of the incumbent the person declared elected as President fails to assume the office of President.
(2) The Prime Minister or not less than one-quarter of the total number of the elected Members of Parliament may give notice of a motion alleging that the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of
(a) intentional violation of the Constitution;
(b) treason;
(c) misconduct or corruption involving the abuse of the powers of his office; or
(d) any offence involving fraud, dishonesty or moral turpitude,
and setting out full particulars of the allegations made and seeking an inquiry and report thereon.
(3) Where the motion referred to in clause (2) has been adopted by not less than half of the total number of the elected Members of Parliament, the Supreme Court shall inquire into the allegations made against the President.
(4) The Supreme Court shall, after due inquiry at which the President shall have the right to appear and to be heard in person or by counsel, make a report of its determination to the Speaker together with the reasons therefor.
(5) Where the Supreme Court reports to the Speaker that in its opinion the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of any of the other allegations contained in such resolution, Parliament may by a resolution passed by not less than three-quarters of the total number of the elected Members of Parliament remove the President from office.

Persons to exercise functions of President when office is vacant
26.(1) If the office of President becomes vacant, the Speaker shall exercise the functions of the office of President during the period between the date the office of President becomes vacant and the assumption of office by the person declared elected as President.
(2) If the Speaker is not available, Parliament may appoint a person in accordance with clause (3) to exercise the functions of the office of President during the period referred to in clause (1).
(3) Parliament shall not appoint any person to exercise the functions of the office of President under clause (2) unless the person is qualified to be elected as President.
(4) The provisions of this Chapter relating to immunity from suits shall apply in relation to any person exercising the functions of the office of President pursuant to this Article as if references to the President in those provisions were references to that person.
(5) Any person required or appointed to exercise the functions of the office of President pursuant to this Article or Article 27 shall, before exercising those functions, take and subscribe in the presence of the Chief Justice or another Judge of the Supreme Court the Oath of Office in the form set out in law, except that the Speaker shall not, during his term of office as Speaker, be required to take such oath more than once in respect of occasions when he is required to exercise the functions of the office of President.

Temporary disability of President
27.(1) Subject to clause (2), if the President becomes temporarily unable, whether by reason of ill-health, absence from Talenore or otherwise, to perform his functions under this Constitution or any other written law, one of the persons referred to in Article 26 shall exercise the functions of the office of President during the period of temporary disability, and the provisions of Article 26 shall apply, with the necessary modifications, to that person.
(2) Parliament shall not appoint any person to exercise the functions of the office of President under this Article unless the President agrees to that person being so appointed.
(3) Clause (2) shall not apply if the President is unable for any reason to signify his agreement to a person being appointed under this Article to exercise the functions of the office of President.

Grant of pardon, etc.
28.(1) The President, as occasion shall arise, may, on the advice of the Cabinet —
(a) grant a pardon to any accomplice in any offence who gives information which leads to the conviction of the principal offender or any one of the principal offenders, if more than one;
(b) grant to any offender convicted of any offence in any court in Talenore, a pardon, free or subject to lawful conditions, or any reprieve or respite, either indefinite or for such period as the President may think fit, of the execution of any sentence pronounced on such offender; or
(c) remit the whole or any part of such sentence or of any penalty or forfeiture imposed by law.
(2) Where any offender has been condemned to death by the sentence of any court and in the event of an appeal such sentence has been confirmed by the appellate court, the President shall cause the reports which are made to him by the Judge who tried the case and the Chief Justice or other presiding Judge of the appellate court to be forwarded to the Attorney-General with instructions that, after the Attorney-General has given his opinion thereon, the reports shall be sent, together with the Attorney-General’s opinion, to the Cabinet so that the Cabinet may advise the President on the exercise of the power conferred on him by clause (1).

Chapter 2 — The Executive
Executive authority of Talenore
29.(1) The executive authority of Talenore shall be vested in the President and exercisable subject to the provisions of this Constitution by him or by the Cabinet or any Minister authorised by the Cabinet.
(2) The Legislature may by law confer executive functions on other persons.

Cabinet
30.(1) There shall be in and for Talenore a Cabinet which shall consist of the Prime Minister and such other Ministers as may be appointed in accordance with Article 31.
(2) Subject to the provisions of this Constitution, the Cabinet shall have the general direction and control of the Government and shall be collectively responsible to Parliament.

Appointment of Prime Minister and Ministers
31.(1) The President shall, acting in his discretion, appoint as Prime Minister a Member of Parliament who in his judgment is likely to command the confidence of the majority of the Members of Parliament, and shall, acting in accordance with the advice of the Prime Minister, appoint other Ministers from among the Members of Parliament.
(2) Appointments under this Article shall be made by the President by instrument under the public seal.

Tenure of office of Prime Minister and Ministers
32.(1) The President shall, by writing under the public seal, declare the office of Prime Minister vacant
(a) if the Prime Minister resigns his office by writing under his hand addressed to the President; or
(b) if the President, acting in his discretion, is satisfied that the Prime Minister has ceased to command the confidence of a majority of the Members of Parliament:
Provided that, before declaring the office of Prime Minister vacant under this paragraph, the President shall inform the Prime Minister that he is satisfied as aforesaid, and, if the Prime Minister so requests, the President may dissolve Parliament instead of making such a declaration.
(2) A Minister, other than the Prime Minister, shall vacate his office
(a) if his appointment to that office is revoked by the President, acting in accordance with the advice of the Prime Minister, by instrument under the public seal; or
(b) if he resigns his office by writing under his hand addressed to the President.
(3)(a) Whenever the Prime Minister is ill or absent from Talenore or has been granted leave of absence from his duties under Article 38, the functions conferred on him by this Constitution shall be exercisable by any other Minister authorised by the President, by instrument under the public seal, in that behalf.
(b) The President may, by instrument under the public seal, revoke any authority given under this clause.
(c) The powers conferred upon the President by this clause shall be exercised by him acting in his discretion, if in his opinion it is impracticable to obtain the advice of the Prime Minister owing to the Prime Minister’s illness or absence, and in any other case shall be exercised by the President in accordance with the advice of the Prime Minister.

Oath
33. The Prime Minister and every other Minister shall, before entering on the duties of his office, take and subscribe before the President the Oath of Allegiance and the appropriate Oath for the due execution of his office in the forms set out in law.

Summoning of and presiding in Cabinet
34.(1) The Cabinet shall not be summoned except by the authority of the Prime Minister.
(2) The Prime Minister shall, so far as is practicable, attend and preside at meetings of the Cabinet and, in his absence, such other Minister shall preside as the Prime Minister shall appoint.
(3) The President may attend any meeting of the Cabinet, but may not vote.

Validity of proceedings in Cabinet
35. Any proceedings in the Cabinet shall be valid notwithstanding that some person who was not entitled to do so sat or voted therein or otherwise took part in the proceedings.

Assignment of responsibility to Ministers
36.(1) The Prime Minister may, by directions in writing
(a) charge any Minister with responsibility for any department or subject; and
(b) revoke or vary any directions given under this clause.
(2) The Prime Minister may retain in his charge any department or subject.

Parliamentary Secretaries
37.(1) The President, acting in accordance with the advice of the Prime Minister, may by instrument under the public seal, appoint Parliamentary Secretaries from among the Members of Parliament to assist Ministers in the discharge of their duties and functions:
(2) Article 32(2) and Article 33 shall apply to Parliamentary Secretaries as they apply to Ministers.

Leave of absence for Ministers and Parliamentary Secretaries
38. The President, acting in accordance with the advice of the Prime Minister, may grant leave of absence from his duties to the Prime Minister, to any other Minister and to any Parliamentary Secretary.

Disabilities of Ministers and Parliamentary Secretaries
39. A member of the Cabinet or Parliamentary Secretary shall not hold any office of profit and shall not actively engage in any commercial enterprise.

Attorney-General
40.(1) The office of Attorney-General is hereby constituted and appointments thereto shall be made by the President, acting in his discretion, from among persons who are qualified for appointment as a Judge of the Supreme Court.
(2) The Attorney-General may be removed from office by the President, if he, acting in his discretion, judges that the Attorney-General is unable to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and except with the concurrence of the Chief Justice.
(3) It shall be the duty of the Attorney-General to advise the Government upon such legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President or the Cabinet and to discharge the functions conferred on him by or under this Constitution or any other written law.
(4) The Attorney-General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for any offence.
(5) In the performance of his duties, the Attorney-General shall have the right of audience in, and shall take precedence over any other person appearing before, any court or tribunal in Talenore.
(6) The Attorney-General shall be paid such remuneration and allowances as may from time to time be determined.
(7) Subject to this Article, the terms of service of the Attorney-General shall be determined by the President.
(8) The terms of service of the Attorney-General shall not be altered to his disadvantage during his continuance in office.

Chapter 3 — Capacity as regards property, contracts and suits
Capacity of Government as regards property, contracts and suits
41.(1) The Government shall have power to acquire, hold and dispose of property of any kind and to make contracts.
(2) The Government may sue and be sued.

PART VI
THE LEGISLATURE
Legislature of Talenore
42. The legislative power of Talenore shall be vested in the Legislature which shall consist of the President and Parliament.

Parliament
43.(1) Parliament shall consist of
(a) such number of elected Members as is required to be returned at a general election by the constituencies prescribed by or under any law made by the Legislature;
(b) such other Members not exceeding 9 in number, who shall be known as nominated Members, as may be appointed by the President to guarantee representation in Parliament for minorities.
(2) A nominated Member shall not vote in Parliament on any motion pertaining to
(a) a Bill to amend the Constitution;
(b) a vote of no confidence in the Government; and
(c) removing the President from office under Article 25.
(3) In this Article and in Article 51, a constituency shall be construed as an electoral division for the purposes of Parliamentary elections.

Speaker
44.(1) When Parliament first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a member to be Speaker, and, whenever the office of Speaker is vacant otherwise than by reason of a dissolution of Parliament, shall not transact any business other than the election of a person to fill that office.
(2) The Speaker may be elected, in such manner as Parliament may from time to time decide, from among the Members of Parliament who are neither Ministers nor Parliamentary Secretaries.
(3) Upon the Speaker being elected and before he enters upon the duties of his office, he shall (unless he has already done so in accordance with Article 62) take and subscribe before Parliament the Oath of Allegiance in the form set out in law.
(4) The Speaker may at any time resign his office by writing under his hand addressed to the President, and shall vacate his office
(a) when Parliament first meets after a general election; or
(b) if he ceases to be a Member of Parliament otherwise than by reason of a dissolution thereof or if he is appointed to be a Minister or a Parliamentary Secretary.

Remuneration of Speaker
45. The Speaker shall be paid such salary as Parliament may from time to time determine, and that salary shall not be diminished during his continuance in office.

Deputy Speaker
46.(1) Parliament may from time to time elect a Deputy Speaker; and whenever the office of a Deputy Speaker is vacant otherwise than by reason of a dissolution of Parliament, Parliament shall, as soon as convenient, elect a person to that office.
(2) Article 44 (2) to (4) applies to the Deputy Speaker as well.


Performance of functions of Speaker
47. The functions conferred by this Constitution upon the Speaker shall, if there is no person holding the office of Speaker or if the Speaker is absent from a sitting of Parliament or is otherwise unable to perform those functions, be performed by the Deputy Speaker, or if there be no Deputy Speaker or if he is likewise absent or unable to perform those functions, by some other person to be elected by Parliament for the purpose.

Qualifications for membership of Parliament
48.(1) Members of Parliament shall be persons qualified for election or for appointment in accordance with the provisions of this Constitution and elected in the manner provided by or under any law for the time being in force in Talenore or appointed in accordance with this Constitution or any law for that purpose.
(2) A person shall be qualified to be elected or appointed as a Member of Parliament if
(a) he is a citizen of Talenore;
(b) he is resident in Talenore at the date of his nomination for election and has been so resident for periods amounting in the aggregate to not less than 1 year prior to that date;
(c) he is able, with a degree of proficiency sufficient to enable him to take an active part in the proceedings of Parliament, to speak and, unless incapacitated by blindness or other physical cause, to read and write at least one of the following languages, that is to say, English, Babkhi, Elw and Sanillan; and
(d) he is not disqualified from being a Member of Parliament under Article 49.
(3) Any question whether any person possesses the qualifications mentioned in clause (2)(e) shall be determined in such manner as may be prescribed by or under any law for the time being in force in Talenore or, in so far as not so prescribed, as may be provided by order made by the President and published in the Gazette.

Disqualifications for membership of Parliament
49.(1) Subject to this Article, a person shall not be qualified to be a Member of Parliament who
(a) is and has been found or declared to be of unsound mind;
(b) is an undischarged bankrupt;
(c) holds an office of profit;
(d) has been convicted of an offence by a court of law in Talenore and sentenced to imprisonment for a term of not less than one year and has not received a free pardon; or
(e) is disqualified under any law relating to offences in connection with elections to Parliament or the office of President by reason of having been convicted of such an offence or having in proceedings relating to such an election been proved guilty of an act constituting such an offence.
(2) The disqualification of a person under clause (1)(e) may be removed by the President and shall, if not so removed, cease at the end of 5 years beginning from the date on which the person convicted as mentioned in clause (1)(e) was released from custody.

Tenure of office of Members
50.(1) Every Member of Parliament shall cease to be a Member at the next dissolution of Parliament after he has been elected or appointed, or previously thereto if his seat becomes vacant, under the provisions of this Constitution.
(2) The seat of a Member of Parliament shall become vacant
(a) if he ceases to be a citizen of Talenore;
(b) if, by writing under his hand addressed to the Speaker, he resigns his seat in Parliament;
(c) if during 2 consecutive months in each of which sittings of Parliament (or any committee of Parliament to which he has been appointed) are held, he is absent from all such sittings without having obtained from the Speaker before the termination of any such sitting permission to be or to remain absent therefrom;
(d) if he becomes subject to any of the disqualifications specified in Article 49; or
(e) if he is expelled from Parliament in the exercise of its power of expulsion.
(3) A nominated Member of Parliament shall vacate his seat as such a Member
(a) if he stands as a candidate for any political party in an election; or
(b) if, not being a candidate referred to in paragraph (a), he is elected as a Member of Parliament for any constituency.
(4) If any Member of Parliament becomes subject to any disqualification specified in Article 49(1)(a), (b), (d) or (e) because he is
(a) adjudged or otherwise declared a bankrupt;
(b) adjudged or otherwise declared to be of unsound mind;
(c) convicted of an offence by a court of law in Talenore and sentenced to imprisonment for a term of not less than one year; or
(d) convicted or is proven guilty of an act constituting any offence in connection with elections to Parliament,
the Member shall immediately cease to be a member of Parliament.

Provision against double membership
51. A person shall only occupy one seat in Parliament.

Decision on questions as to disqualification
52. Any question whether any Member of Parliament has vacated his seat therein, shall be determined by Parliament whose decision shall be final.

Filling of vacancies
53.(1) Whenever the seat of a Member, not being a non-constituency Member, has become vacant for any reason other than a dissolution of Parliament, the vacancy shall be filled by election in the manner provided by or under any law relating to Parliamentary elections for the time being in force.
(2) The Legislature may by law provide for
(a) the vacating of a seat of a non-constituency Member in circumstances other than those specified in Article 46;
(b) the filling of vacancies of the seats of non-constituency Members where such vacancies are caused otherwise than by a dissolution of Parliament.

Standing Orders
54. Subject to the provisions of this Constitution, Parliament may, from time to time, make, amend and revoke Standing Orders for the regulation and orderly conduct of its own proceedings and the despatch of business.

Use of languages in Parliament
55. Until the Legislature otherwise provides, all debates and discussions in Parliament shall be conducted in English, Babkhi, Elw or Sanillan.

Presiding in Parliament
56. The Speaker shall preside at each sitting of Parliament.

Quorum
57. If objection is taken by any Member present that there are present (besides the Speaker or other Member presiding) fewer than one-quarter of the total number of Members and, after such interval as may be prescribed in the Standing Orders of Parliament, the Speaker or other Member presiding ascertains that the number of Members present is still less than one-quarter of the total number of Members, he shall thereupon adjourn Parliament.

Voting
58.(1) Subject to this Constitution, all questions proposed for decision in Parliament shall be determined by a majority of the votes of the Members present and voting; and if, upon any question before Parliament, the votes of the Members are equally divided, the motion shall be lost.

Exercise of legislative power
59.(1) The power of the Legislature to make laws shall be exercised by Bills passed by Parliament and assented to by the President.
(2) A Bill shall become law on being assented to by the President and such law shall come into operation on the date of its publication in the Gazette or, if it is enacted either in such law or in any other law for the time being in force in Talenore that it shall come into operation on some other date, on that date.

Introduction of Bills
60.(1) Subject to the provisions of this Constitution and of Standing Orders of Parliament, any Member may introduce any Bill or propose any motion for debate in, or may present any petition to, Parliament, and the same shall be debated and disposed of according to the Standing Orders of Parliament.

Words of enactment of laws
61. In every Bill presented for assent, the words of enactment shall be as follows:
“Be it enacted by the President with the advice and consent of the Parliament of Talenore, as follows:”.

Oath of Allegiance
62. No Member of Parliament shall be permitted to take part in the proceedings thereof (other than proceedings necessary for the purpose of this Article) until he has taken and subscribed before Parliament the Oath of Allegiance in the form set out in law:
Provided that the election of a Speaker may take place before the Members of Parliament have taken and subscribed such Oath.

Address by President
63. The President may address Parliament and may send messages thereto.

Privileges of Parliament
64. It shall be lawful for the Legislature by law to determine and regulate the privileges, immunities or powers of Parliament.

Sessions of Parliament
65.(1) There shall be a session of Parliament once at least in every year and a period of 6 months shall not intervene between the last sitting of Parliament in any one session and the first sitting thereof in the next session.
(2) The sessions of Parliament shall be held in such places and shall commence at such times as the President may, from time to time, by Proclamation in the Gazette, appoint.

Prorogation and dissolution of Parliament
66.(1) The President may, at any time, by Proclamation in the Gazette, prorogue Parliament.
(2) If, at any time, the office of Prime Minister is vacant, the President shall, by Proclamation in the Gazette, dissolve Parliament as soon as he is satisfied, acting in his discretion, that a reasonable period has elapsed since that office was last vacated and that there is no Member of Parliament likely to command the confidence of a majority of the Members thereof.
(3) The President may, at any time, by Proclamation in the Gazette, dissolve Parliament if he is advised by the Prime Minister to do so, but he shall not be obliged to act in this respect in accordance with the advice of the Prime Minister unless he is satisfied that, in tendering that advice, the Prime Minister commands the confidence of a majority of the Members of Parliament.
(4) Parliament, unless sooner dissolved, shall continue for 5 years from the date of its first sitting and shall then stand dissolved.

General elections
67. There shall be a general election at such time, within 3 months after every dissolution of Parliament, as the President shall, by Proclamation in the Gazette, appoint.

Remuneration of Members
68. The Legislature may by law make provision for the remuneration of Members of Parliament.

PART VII
THE JUDICIARY
Judicial power of Talenore
69. The judicial power of Talenore shall be vested in a Supreme Court and in such subordinate courts as may be provided by any written law for the time being in force.

Jurisdiction to determine questions as to validity of Presidential election
70.(1) All proceedings relating to the election of the President shall be heard and determined by the Chief Justice, whose decision shall be final.

Constitution of Supreme Court
71.(1) The Supreme Court shall consist of the Court of Appeal and the High Court with such jurisdiction and powers as are conferred on those Courts by this Constitution or any written law.
(2) The office of a Judge of the Supreme Court shall not be abolished during his continuance in office.

Appointment of Judges of Supreme Court
72.(1) The Chief Justice, the Judges of Appeal and the Judges of the High Court shall be appointed by the President if he, acting in his discretion, concurs with the advice of the Prime Minister.
(2) Before tendering his advice as to the appointment under clause (1) of a Judge, other than the Chief Justice, the Prime Minister shall consult the Chief Justice.

Qualifications of Judges of Supreme Court
73. A person is qualified for appointment as a Judge of the Supreme Court if he has for an aggregate period of not less than 3 years been a member of the Talenore Legal Service.

Oath of Office of Judges and Judicial Commissioners of Supreme Court
74.(1) The Chief Justice and every person appointed or designated to sit as a Judge of the High Court or a Judge of Appeal shall, before he enters on the execution of his office, take, in the presence of the President, the Oath of Office in the form set out in law.

Tenure of office and remuneration of Judges of Supreme Court
75.(1) Subject to this Article, a Judge of the Supreme Court shall hold office for a term of 6 years.
(2) A Judge of the Supreme Court may at any time resign his office by writing under his hand addressed to the President, but shall not be removed from office except in accordance with clauses (3) and (4).
(3) If the Prime Minister, or the Chief Justice after consulting the Prime Minister, represents to the President that a Judge of the Supreme Court ought to be removed on the ground of misbehaviour or of inability, from infirmity of body or mind or any other cause, to properly discharge the functions of his office, the President shall remove the Judge from office.
(4) Pending any reference under clause (3), the President may, if he, acting in his discretion, concurs with the recommendation of the Prime Minister and, in the case of any other Judge, after consulting the Chief Justice, suspend a Judge of the Supreme Court from the exercise of his functions.
(5) Parliament shall by law provide for the remuneration of the Judges of the Supreme Court.
(6) Subject to this Article, Parliament may by law provide for the terms of office of the Judges of the Supreme Court, other than their remuneration.
(7) The remuneration and other terms of office (including pension rights) of a Judge of the Supreme Court shall not be altered to his disadvantage after his appointment.
(8) Notwithstanding clause (1), the validity of anything done by a Judge of the Supreme Court shall not be questioned on the ground that he had attained the age on which he was required to retire.
(9) The President may, in his discretion, grant leave of absence from his duties to the Chief Justice and, acting on the advice of the Chief Justice, to any other Judge of the Supreme Court.

Restriction on Parliamentary discussion of conduct of a Judge of Supreme Court
76. The conduct of a Judge of the Supreme Court or a person designated to sit as such a Judge or a Judicial Commissioner shall not be discussed in Parliament except on a substantive motion of which notice has been given by not less than one-quarter of the total number of the Members of Parliament.

Definition of “office”
77. In this Part, “office”, in relation to a Judge of the Supreme Court, means the office as Chief Justice, Judge of Appeal or Judge of the High Court, as the case may be.

PART VIII
SPECIAL POWERS AGAINST SUBVERSION AND EMERGENCY POWERS
Legislation against subversion
78.(1) If an Act recites that action has been taken or threatened by any substantial body of persons, whether inside or outside Talenore
(a) to cause, or to cause a substantial number of citizens to fear, organised violence against persons or property;
(b) to excite disaffection against the President or the Government;
(c) to promote feelings of ill-will and hostility between different races or other classes of the population likely to cause violence;
(d) to procure the alteration, otherwise than by lawful means, of anything by law established; or
(e) which is prejudicial to the security of Talenore,
any provision of that law designed to stop or prevent that action or any amendment to that law is valid notwithstanding that it is inconsistent with Article 9, 11, 12, 13 or 14, or would, apart from this Article, be outside the legislative power of Parliament.
(2) A law containing such a recital as is mentioned in clause (1) shall, if not sooner repealed, cease to have effect if a resolution is passed by Parliament annulling such law, but without prejudice to anything previously done by virtue thereof or to the power of Parliament to make a new law under this Article.

Proclamation of Emergency
79.(1) If the President is satisfied that a grave emergency exists whereby the security or economic life of Talenore is threatened, he may issue a Proclamation of Emergency.
(2) If a Proclamation of Emergency is issued when Parliament is not sitting, the President shall summon Parliament as soon as practicable, and may, until Parliament is sitting, promulgate ordinances having the force of law, if satisfied that immediate action is required.
(3) A Proclamation of Emergency and any ordinance promulgated under clause (2) shall be presented to Parliament and, if not sooner revoked, shall cease to have effect if a resolution is passed by Parliament annulling such Proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the President to issue a new Proclamation under clause (1) or promulgate any ordinance under clause (2).
(4) Subject to clause (5)(b), while a Proclamation of Emergency is in force, Parliament may, notwithstanding anything in this Constitution, make laws with respect to any matter, if it appears to Parliament that the law is required by reason of the emergency; and any provision of this Constitution (except Article 22) or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into force of a law after it is passed or the presentation of a Bill to the President for his assent, shall not apply to a Bill for such a law or an amendment to such a Bill.
(5)(a) Subject to paragraph (b), no provision of any ordinance promulgated under this Article, and no provision of any Act which is passed while a Proclamation of Emergency is in force and which declares that the law appears to Parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this Constitution.
(b) Paragraph (a) shall not validate any provision inconsistent with
(i) Article 4(3) or 5;
(ii) any provision in this Constitution which authorises the President to act in his discretion; and
(iii) the provisions of this Constitution relating to religion, citizenship or language.
(6) At the expiration of a period of 6 months beginning with the date on which a Proclamation of Emergency ceases to be in force, any ordinance promulgated in pursuance of the Proclamation and, to the extent that it could not have been validly made but for this Article, any law made while the Proclamation was in force, shall cease to have effect, except as to things done or omitted to be done before the expiration of that period.

Special emergency powers
80.(1) If the Supreme Court becomes inactive, or if the position of Chief Justice cannot be filled, the President shall, until such time as Parliament sees fit, perform the duties of Chief Justice.
(2) If Parliament becomes inactive, the President shall, until such time as Parliament sees fit, legislate by decree, insofar as such decrees may be revoked or amended by Parliament when it reconvenes.
(3) If the Presidency becomes inactive, new elections shall be held.
(4) For the purposes of this Article, "inactive" shall mean that a person, body or institution, that is not on a publicly declared leave of absence, has not posted to the forum nor communicated with any other person, body or institution for a consecutive period of one month.
(5) If Parliament is inactive for a shorter period than one month, the President may in extreme circumstances legislate by decree, insofar as such decrees must be confirmed by Parliament to continue in force.

PART IX
GENERAL PROVISIONS
Minorities
81. It shall be the responsibility of the Government constantly to care for the interests of the racial and religious minorities in Talenore.

Official languages and national language
82. Babkhi, Elw, Sanillan and English shall be the 4 official languages in Talenore:
Provided that
(a) no person shall be prohibited or prevented from using or from teaching or learning any other language; and
(b) nothing in this Article shall prejudice the right of the Government to preserve and sustain the use and study of the language of any other community in Talenore.

Impartial treatment of Government employees
83. Subject to the provisions of this Constitution, all persons of whatever race in the same grade of the service of the Government shall, subject to the terms and conditions of their employment, be treated impartially.
Malliki Nur Pinito

Malliki Nur Pinito
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Re: Constitution of the State of Talenore

Post by Malliki Nur Pinito »

FIRST AMENDMENT
STATE OF TALENORE

An Amendment to the Constitution of the State of Talenore, to Provide for a More Efficient Government

ARTICLE 1
The office of Prime Minister is hereby abolished. Each mention of the Prime Minister in the Constitution shall be construed to refer to the President or, when that is not applicable, to be null and void.

ARTICLE 2
The President shall act in his own discretion when appointing the Cabinet. Ministers are not required to be Members of Parliament. Individual Ministers are responsible to Parliament and can be censored by Parliament. A censored Minister must be dismissed by the President.

ARTICLE 3
The President shall have the power of veto. He may veto a bill in its entirety or portions thereof. He must do so within ten days of receiving it from Parliament. A vetoed bill shall be returned to the Speaker with an explanation for it being vetoed. Parliament may override a veto through a three-fourths majority vote.

A bill that is neither signed or vetoed by the President within ten days shall become law.

ARTICLE 4
The President organizes the executive branch of government in his own discretion by the use of Presidential Directives.
Malliki Nur Pinito

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