PARLIAMENT

PART 1 Composition of Parliament

ARTICLE 23. There shall be a Parliament of Grenada which shall consist of Her Majesty, a Senate and a House of Representatives.

The Senate

ARTICLE 24.-(1) The Senate shall consist of thirteen members (in this Constitution referred to as "Senators") who shall be appointed by the Governor-General in accordance with this section.

(2) Of the Senators-

  1. seven shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister ;
  2. three shall be appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition ; and
  3. three shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister after the Prime Minister has consulted the organizations or interests which the Prime Minister considers the Senators should be selected to represent.
ARTICLE 25. Subject to the provisions of section 26 of this Constitution, a person shall be qualified to be appointed as a Senator if, and shall not be so qualified unless, he-

   1. is a Commonwealth citizen who has attained the age of eighteen years ;
   2. has either resided in Grenada for a period of twelve months immediately before the date of his appointment or is domiciled and resident in Grenada at that date ; and
   3. is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him to take an active part in the proceedings of the Senate.

ARTICLE 26.-(1) No person shall be qualified to be appointed as a Senator if he-

  1. is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state ;
  2. is an undercharged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Grenada ;
  3.  is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Grenada ;
  4. is under sentence of death imposed on him by a court in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever named called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended ;
  5. subject to such exceptions and limitations as may be prescribed by Parliament, he has any such interest in any such government contract as may be prescribed.
(2) Parliament may provide that a person who is convicted by any court of any offence that is prescribed by Parliament and that is connected with the election of members of the House of Representatives or is reported guilty of such an offence by the court trying an election petition shall not be qualified, for such period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed, to be appointed as a Senator.

(3) No person shall be qualified to be appointed as a Senator who is a member of the House of Representatives.

(4) Parliament may provide that, subject to such exceptions and limitations (if any) as Parliament may prescribe, a person shall not be qualified to be appointed as a Senator if,-

  1. he holds or is acting in any office or appointment (either individually or by reference to a class of public office or appointment) ;
  2. he belongs to any of the armed forces of the Crown or to any class of person that is comprised in any such force ; or
  3. he belongs to any police force or to any class of person that is comprised in any such force.
(5) For the purposes of paragraph (d) of subsection (1) of this section-

  1. two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence ; and
  2. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.
(6) In paragraph (e) of subsection (1) of this section "government contract" means any contract made with the Government of Grenada or with a department of that Government or with an officer of that Government contracting as such.

ARTICLE 27.-(1) A Senator shall vacate his seat in the Senate at the next dissolution of Parliament after his appointment.

(2) A Senator shall also vacate his seat in the Senate-

  1. if he is absent from the sittings of the Senate for such period and in such circumstances as may be prescribed in the rules of procedure of the Senate ;
  2. if he ceases to be a Commonwealth citizen ;
  3. if, with his consent, he is nominated as a candidate for election to the House of Representatives or if he is elected to be a member of that House ;
  4. subject to the provisions of subsection (3) of this section, if any other circumstances arise that, if he were not such a member, would cause him to be disqualified to be appointed as such by virtue of subsection (1) of section 26 of this Constitution or of any law enacted in pursuance of subsection (2) or (4) of that section ; or
  5. if the Governor-General, acting in accordance with the advice of the Prime Minister in the case of a Senator appointed under paragraph (a) or (c) of subsection (2) of section 24 of this Constitution or in accordance with the advice of the Leader of the Opposition in the case of a Senator appointed under paragraph (b) of that subsection, declares the seat of that Senator to be vacant.
(3)

  1. If any circumstances such as are referred to in paragraph (d) of subsection (2) of this section arise because any Senator is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the Senator to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a Senator but, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter :
  2. Provided that the President of the Senate may, at the request of the Senator, from time to time, extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall be given without the approval, signified by resolution, of the Senate.
  3. If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the Senator to appeal, he shall forthwith vacate his seat.
  4. If at any time before the Senator vacates his seat such circumstances aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance of his functions as a Senator.
ARTICLE 28.-(1) When the Senate first meets after it has been dissolved and before it proceeds to the despatch of any other business, it shall elect a Senator, not being a Minister or a Parliamentary Secretary, to be President of the Senate ; and whenever the office of President is vacant otherwise than by reason of a dissolution of the Senate, the Senate shall elect another Senator to fill that office.

(2) When the Senate first meets or after it has been dissolved, it shall, as soon as practicable, elect a Senator, not being a Minister or a Parliamentary Secretary, to be Deputy President ; and whenever the office of Deputy President becomes vacant, the Senate shall, as soon as convenient, elect another Senator to fill that office.

(3) No business shall be transacted in the Senate (other than the election of a President) at any time when the office of President is vacant.

(4) A person shall vacate the office of President or Deputy President of the Senate-

  1. if he ceases to be a Senator :
  2. Provided that the President shall not vacate his office by reason only that he has ceased to be a Senator on a dissolution of Parliament until the Senate first meets after that dissolution ;
  3. if he is appointed to be a Minister or a Parliamentary Secretary ; or
  4. in the case of the Deputy President, if he is elected to be President.
(5)
  1. If, by virtue of section 27(3) of this Constitution, the President or Deputy President of the Senate is required to cease to perform his functions as a Senator he shall also cease to perform his functions as President or Deputy President, as the case may be, and those functions shall, until he vacates his seat in the Senate or resumes the performance of the functions of his office, be performed-
    • in the case of the President, by the Deputy President or, if the office of Deputy President is vacant or the Deputy President is required to cease to perform his functions as a Senator by virtue of section 27(3) of this Constitution, by such Senator (not being a Minister or a Parliamentary Secretary) as the Senate may elect for the purpose ;
    • in the case of the Deputy President, by such Senator (not being a Minister or a Parliamentary Secretary) as the Senate may elect for the purpose ;
  2. If the President or Deputy President resumes the performance of his functions as a Senator, in accordance with the provisions of section 27(3)(c) of this Constitution, he shall also resume the performance of his functions as President or Deputy President, as the case may be.
The House of Representatives

ARTICLE 29.-(1) The House of Representatives shall consist of such number of members as corresponds with the number of constituencies for the time being established for Grenada under section 56 of this Constitution, who shall be elected in accordance with the provisions of section 32 of this Constitution.

(2) If a person who is not a member of the House of Representatives is elected to be Speaker of the House he shall, by virtue of holding the office of Speaker, be a member of the House.

ARTICLE 30. Subject to the provisions of section 31 of this Constitution, a person shall be qualified to be elected as a member of the House of Representatives if, and shall not be so qualified unless, he-

   1. is a Commonwealth citizen who has attained the age of eighteen years ;
   2. has resided in Grenada for a period of twelve months immediately before the date of his nomination for election or is domiciled and resident in Grenada at that date ; and
   3. is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him to take an active part in the proceedings of the House.

ARTICLE 31.-(1) No person shall be qualified to be elected as a member of the House of Representatives if he-

  1. is by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state ;
  2. is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Grenada ;
  3. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Grenada ;
  4. is under sentence of death imposed on him by a court in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended ; or
  5. subject to such exceptions and limitations as may be prescribed by Parliament, he has any such interest in any such government contract as may be prescribed.
(2) Parliament may provide that a person shall not be qualified to be elected as a member of the House of Representatives if he holds or is acting in any office that is specified by Parliament and the functions of which involve responsibility for, or in connection with, the conduct of any election to the House or the compilation of any register of voters for the purposes of such an election.

(3) Parliament may provide that a person who is convicted by any court of any offence that is prescribed by Parliament and that is connected with the election of members of the House of Representatives or is reported guilty of such an offence by the court trying an election petition shall not be qualified, for such period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed, to be elected as a member of the House.

(4) Parliament may provide that, subject to such exceptions and limitations (if any) as Parliament may prescribe, a person shall not be qualified to be elected as a member of the House of Representatives if,-

  1. he holds or is acting in any public office or appointment (either individually or by reference to a class of public office or appointment) ;
  2. he belongs to any of the armed forces of the Crown or to any class of person that is comprised in any such force ; or
  3. he belongs to any police force or to any class of person that is comprised in any such force.
(5) For the purposes of paragraph (d) of subsection (1) of this section-

  1. two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence ; and
  2. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.
(6) In paragraph (e) of subsection (1) of this section "government contract" means any contact made with the Government of Grenada or with a department of that Government or with an officer of that Government contracting as such.

ARTICLE 32.-(1) Each of the constituencies into which Grenada is divided in accordance with the provisions of section 56 of this Constitution shall return one member to the House of Representatives who shall be directly elected in such manner as may, subject to the provisions of this Constitution, be prescribed by or under any law.

(2)
  1. Every Commonwealth citizen who has attained the prescribed age and who possesses such qualifications relating to residence or domicile in Grenada as Parliament may prescribe shall, unless he is disqualified by Parliament from registration as a voter for the purposes of elections of members of the House of Representatives, be entitled to be registered as such a voter under any law in that behalf, and no other person may be so registered.
  2. Every person who is registered as aforesaid in any constituency shall, unless he is disqualified by Parliament from voting in that constituency in any election of members of the House of Representatives, be so entitled to vote, in accordance with the provisions of any law in that behalf, and no other person may so vote.
  3. The prescribed age for the purposes of this subsection shall be the age of eighteen years.
(3) In any election of members of the House of Representatives the votes shall be given by ballot in such manner as not to disclose how any particular person votes.

ARTICLE 33.-(1) A member of the House of Representatives shall vacate his seat in the House at the next dissolution of Parliament after his House of election.

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

  1. if he is absent from the sittings of the House for such period and in such circumstances as may be prescribed in the rules of procedure of the House ;
  2. if he ceases to be a Commonwealth citizen ; or
  3. subject to the provisions of subsection (3) of this section, if any other circumstances arise that, if he were not such a member, would cause him to be disqualified to be elected as such by virtue of subsection (1) of section 31 of this Constitution or of any law enacted in pursuance of subsection (2), (3) or (4) of that section.
(3)
  1. If any circumstances such as are referred to in paragraph (c) of subsection (2) of this section arise because any member of the House of Representatives is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a member of the House but, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter :
  2. Provided that the Speaker may, at the request of the member, from time to time, extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the House.
  3. If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.
  4. If at any time before the member of the House vacates his seat such circumstances aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance of his functions as a member of the House.
ARTICLE 34.-(1) When the House of Representatives first meets after any general election and before it proceeds to the dispatch of any other business, it shall elect a person to be the Speaker of the House ; and if the office of Speaker falls vacant at any time before the next dissolution of Parliament, the House shall elect another person to that office.

(2) The Speaker may be elected either from among the members of the House of Representatives who are not Ministers or Parliamentary Secretaries, or from among persons who are not members of the House of Representatives :

Provided that a person who is not a member of the House of Representatives shall not be elected as Speaker if-

  1. he is not a Commonwealth citizen ; or
  2. he is a person disqualified for election as a member of the House of Representatives by virtue of section 31(1) of this Constitution or any law enacted in pursuance of subsection (2), (3) or (4) of that section.
(3) When the House of Representatives first meets after any general election and before it proceeds to the despatch of any other business except the election of the Speaker, the House shall elect a member of the House, who is not a Minister or a Parliamentary Secretary, to be Deputy Speaker of the House, and if the office of Deputy Speaker falls vacant at any time before the next dissolution of Parliament, the House shall, as soon as convenient, elect another such member to that office.

(4) No business shall be transacted in the House of Representatives (other than the election of a Speaker) at any time when the office of Speaker is vacant.

(5) A person shall vacate the office of Speaker-

  1. in the case of a Speaker elected from among persons who are not members of the House-
    • when the House first meets after any dissolution of Parliament ;
    • if he ceases to be a Commonwealth citizen ; or
    • if any circumstances arise that would cause him to be disqualified for election as a member of the House of Representatives by virtue of section 31(1) of this Constitution or any law enacted in pursuance of subsection (2), (3) or (4) of that section ; or
  2. in the case of a Speaker elected from among the members of the House-
    • if he ceases to be a member of the House :
    • Provided that the Speaker shall not vacate his office by reason only that he has ceased to be a member of the House on a dissolution of Parliament, until the House first meets after the dissolution ; or
    • if he is appointed to be a Minister or a Parliamentary Secretary.
(6) A person shall vacate the office of Deputy Speaker-

  1. if he ceases to be a member of the House ;
  2. if he is appointed to be a Minister or a Parliamentary Secretary ; or
  3. if he is elected to be Speaker.
(7)
 1. If, by virtue of section 33(3) of this Constitution, the Speaker or Deputy Speaker is required to cease to perform his functions as a member of the House of Representatives he shall also cease to perform his functions as Speaker or Deputy Speaker, as the case may be, and those functions shall, until he vacates his seat in the House or resumes the performance of the functions of his office, be performed-

  1. in the case of the Speaker, by the Deputy Speaker or, if the office of Deputy Speaker is vacant or the Deputy Speaker is required to cease to perform his functions as a member of the House of Representatives by virtue of section 33(3) of this Constitution, by such member of the House (not being a Minister or a Parliamentary Secretary) as the House may elect for the purpose ;
  2. in the case of the Deputy Speaker, by such member of the House (not being a Minister or a Parliamentary Secretary) as the House may elect for the purpose.
2. If the Speaker or Deputy Speaker resumes the performance of his functions as a member of the House, in accordance with the provisions of section 33(3) of this Constitution, he shall also resume the performance of his functions as Speaker or Deputy Speaker, as the case may be.

ARTICLE 35.-(1) There shall be a Supervisor of Elections whose duty it shall be to exercise general supervision over the registration of voters in elections of the members of the House of Representatives and over the conduct of such elections.

(2) The functions of the office of Supervisor of Elections shall be exercised by the person holding or acting in such public office as may for the time being be designated in that behalf by the Governor-General acting in his own deliberate judgment.

(3) A person shall not enter upon the duties of the office of Supervisor of Elections until he has taken and subscribed the oath of allegiance and the oath of office.

(4) For the purposes of the exercise of his functions under subsection (1) of this section, the Supervisor of Elections may give such directions as he considers necessary or expedient to any registering officer ; presiding officer or returning officer relating to the exercise by that officer of his functions under any law regulating the registration of voters or the conduct of elections, and any officer to whom directions are given under this subsection shall comply with those directions.

(5) The Supervisor of Elections may, whenever he considers it necessary or expedient so to do, report to the House of Representatives on the exercise of his functions under the foregoing provisions of this section ; he shall submit every such report to the Minister for the time being responsible for matters relating to the election of members of the House of Representatives and that Minister shall, not later than seven days after the House first meets after he has received the report, lay it before the House.

(6) In the exercise of his functions under the foregoing provisions of this section, the Supervisor of Elections shall not be subject to the direction or control of any other person or authority.

(7) The Supervisor of Elections shall exercise such other functions in relation to elections (whether to the House of Representatives or to local government authorities) as may be prescribed by or under any law enacted by Parliament.

General Provisions

ARTICLE 36.-(1) There shall be a Clerk to the Senate and a Clerk to the House of Representatives :

Provided that the offices of Clerk to the Senate and Clerk to the House of Representatives may be held by the same person.

(2) Subject to the provisions of any law enacted by Parliament, the office of Clerk of each House of Parliament and the members of his staff shall be offices in the public service.

ARTICLE 37.-(1) The High Court shall have jurisdiction to hear and determine any question whether-

  1. any person has been validly appointed as a Senator ;
  2. any person has been validly elected as a member of the House of Representatives ;
  3. any person who has been elected as Speaker of the House of Representatives from among persons who were not members thereof was qualified to be so elected or has vacated the office of Speaker ;
  4. any Senator or member of the House of Representatives has vacated his seat or is required, under the provisions of section 27(3) or 33(3) of this Constitution, to cease to perform any of his functions as a Senator or member of the House of Representatives.
(2) An application to the High Court for the determination of any question under subsection (1)(a) of this section may be made by any person registered in a constituency as a voter in elections of members of the House of Representatives or by the Attorney-General, and an application to the High Court for the determination of any question under subsection (l)(b) of this section may be made by any person entitled to vote in the election to which the application relates or by any person who was a candidate in that election or by the Attorney-General and, if in either case it is made by a parson other than the Attorney-General, the Attorney-General may intervene and may then appear or be represented in the proceedings.

(3) An application to the High Court for the determination of any question under subsection (1)(c) of this section may be made by any member of the House of Representatives or by the Attorney-General and if it is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear or be represented in the proceedings.

(4) An application to the High Court for the determination of any question under subsection (1)(d) of this section may be made-

  1. in the case of a Senator, by a member of the Senate, by any person registered in a constituency as a voter in elections of members of the House of Representatives or by the Attorney-General ;
  2. in the case of a member of the House of Representatives, by a member of that House or by any person registered in a constituency as a voter in elections of members of that House or by the Attorney- General, and, if it is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear or be represented in the proceedings.
(5) Parliament may make provision with respect to-

  1. the circumstances and manner in which and the imposition of conditions upon which any application may be made to the High Court for the determination of any question under this section ; and
  2. the powers, practice and procedure of the High Court in relation to any such application.
(6) An appeal shall lie as of right to the Court of Appeal from any final decision of the High Count determining such a question as is referred to in subsection (1) of this section.

(7) No appeal shall lie from any decision of the Court of Appeal in exercise of the jurisdiction conferred by subsection (6) of this section and no appeal shall lie from any decision of the High Court in proceedings under this section other than a final decision determining such a question as is referred to in subsection (1) of this section.

(8) In the exercise of his functions under this section, the Attorney-General shall not be subject to the direction or control of any other person or authority.

PART 2 Legislation and Procedure of Parliament

ARTICLE 38. Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Grenada.

ARTICLE 39.-(1) Parliament may alter any of the provisions of this Constitution or of the Courts Order or section 3 of the West Indies Associated States (Appeals to Privy Council) Order 1967(a) in the manner specified in the following provisions of this section.

(2) A bill to alter this Constitution or the Courts Order or section 3 of the West Indies Associated States (Appeals to Privy Council) Order 1967 shall not be regarded as being passed by the House of Representatives unless on its final reading in that House the bill is supported by the votes of not less than two-thirds of all the members of the House.

(3) An amendment made by the Senate to such a bill that has been passed by the House of Representatives shall not be regarded as being agreed to by the House of Representatives for the purpose of section 48 of this Constitution unless such agreement is signified by resolution supported by the votes of not less than two-thirds of all the members of the House of Representatives.

(4) For the purposes of section 48(4) of this Constitution, an amendment of a bill to alter this Constitution or the Counts Order or section 3 of the West Indies Associated States (Appeals to Privy Council) Order 1967 shall not be suggested to the Senate by the House of Representatives unless a resolution so to suggest the amendment has been supported by the votes of not less than two-thirds of all the members of the House of Representatives.

(5) A bill to alter this section, Schedule 1 to this Constitution or any of the provisions of this Constitution specified in Part I of that Schedule or any of the provisions of the Courts Order specified in Part II of that Schedule or section 3 of the West Indies Associated States (Appeals to Privy Council) Order 1967 shall not be submitted to the Governor for his assent unless-

  1. there has been an interval of not less than ninety days between the introduction of the bill in the House of Representatives and the beginning of the proceedings in the House on the second reading of the bill in that House ;
  2. after it has been passed by both Houses of Parliament or, in the case of a bill to which section 48 of this Constitution applies, after its rejection by the Senate for the second time ; and
  3. the bill has been approved on a referendum, held in accordance with such provision as may be made in that behalf by Parliament, by not less than two-thirds of all the votes validly cast on that referendum.
(6) Every person who, at the time when the referendum is held, would be entitled to vote in elections of members of the House of Representatives shall be entitled to vote on a referendum held for the purposes of this section in accordance with such procedures as may be prescribed by Parliament for the purposes of the referendum and no other person shall be entitled so to vote.

(7) The conduct of any referendum for the purposes of subsection (5) of this section shall be under the general supervision of the Supervisor of Elections and the provisions of subsections (4), (5) and (6) of section 35 of this Constitution shall apply in relation to the exercise by the Supervisor of Elections or by any other officer of his functions with respect to a referendum as they apply in relation to the exercise of his functions with respect to elections of members of the House of Representatives.

(8)

  1. A bill to alter this Constitution or the Courts Order or section 3 of the West Indies Associated States (Appeals to Privy Council) Order 1967 shall not be submitted to the Governor-General for his assent unless it is accompanied by a certificate under the hand of the Speaker of the House of Representatives (or, if the Speaker is for any reason unable to exercise the functions of his office, the Deputy Speaker) that the provisions of subsection (2), (3) or (4), as the case may be, of this section have been complied with and, where a referendum has been held, by a certificate of the Supervisor of Elections stating the results of the referendum.
  2. The certificate of the Speaker or, as the case may be, the Deputy Speaker under this subsection shall be conclusive that the provisions of subsection (2), (3) or (4) of this section have been complied with and shall not be enquired into in any court of law.
(9) In this section-

  1. references to this Constitution include references to any law that alters this Constitution ;
  2. references to the Courts Order are references to the West Indies Associated States Supreme Court Order 1967(a) in so far as it has effect as part of the law of Grenada and include references to any law that alters that Order in so far as it has such effect ;
  3. references to section 3 of the West Indies Associated States (Appeals to Privy Council) Order 1967 are references to that section in so far as it has effect as part of the law of Grenada and include references to any law that alters that section in so far as it has such effect ;
  4. references to altering this Constitution or the Courts Order or section 3 of the West Indies Associated States (Appeals to Privy Council) Order 1967, as the case may be, or to altering any provision include references-
    • to revoking it, with or without re-enactment thereof or the making of different provision in lieu thereof ;
    • to modifying it, whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise ; and
    • to suspending its operation for any period or terminating any such suspension.
ARTICLE 40.-(1) Every member of a House of Parliament shall, before taking his seat in the House, take and subscribe before the House the oath of allegiance but a member may before taking that oath take part in the electron of the President or Speaker of the House.

(2) Any person elected to the office of President of the Senate or Speaker of the House of Representatives shall, if he has not already taken and subscribed the oath of allegiance under subsection (1) of this section, take and subscribe that oath before the House before entering upon the duties of his office.

ARTICLE 41.-(1) There shall preside at any sitting of the Senate-

  1. the President ; or
  2. in the absence of the President, the Deputy President ; or
  3. in the absence of the President and the Deputy President, such member of the Senate (not being a Minister or a Parliamentary Secretary) as the Senate may elect for that purpose.
(2) There shall preside at any sitting of the House of Representatives-

  1. the Speaker ; or
  2. in the absence of the Speaker, the Deputy Speaker ; or
  3. in the absence of the Speaker and the Deputy Speaker, such member of the House (not being a Minister or a Parliamentary Secretary) as the House may elect for that purpose.
ARTICLE 42.-(1) If at any sitting of either House of Parliament any member of the House who is present draws the attention of the person presiding at the sitting to the absence of a quorum and, after such interval as may be prescribed in the rules of procedure of the House, the person presiding at the sitting ascertains that a quorum of the House is not present, the House shall be adjourned.

(2) For the purposes of this section-

  1. a quorum of the House of Representatives shall consist of five members and the Senate shall consist of four members ;
  2. a person presiding at the sitting of either House shall not be included in reckoning whether there is a quorum of the House present.
ARTICLE 43.-(1) Save as otherwise provided in this Constitution, any question proposed for decision in a House of Parliament shall be determined by a majority of the votes of the members present and voting.

(2) The President or other member presiding in the Senate and the Speaker or other member presiding in the House of Representatives shall not vote unless on any question the votes are equally divided, in which case, except as otherwise provided in this section, he shall have and exercise a casting vote :

Provided that in the case of the question of the final reading of a bill such as is referred to in section 39(2) of this Constitution a Speaker or other member presiding in the House of Representatives who is an elected member of the House shall have an original vote but no casting vote.

(3) A Speaker elected from among persons who are not members of the House of Representatives shall have neither an original nor a casting vote and if, upon any question before the House when such Speaker is presiding, the votes of the members are equally divided, the motion shall be lost.

ARTICLE 44.-(l) Any person who sits or votes in either House of Parliament knowing or having reasonable grounds for knowing that he is not entitled to do so shall be guilty of an offence and liable to a fine not exceeding one hundred dollars, or such other sum as may be prescribed by Parliament, for each day on which he so sits or votes in the House.

(2) Any prosecution for an offence under this section shall be instituted in the High Court and shall not be so instituted except by the Director of Public Prosecutions.

ARTICLE 45.-(1) The power of Parliament to make laws shall be exercised by bills passed by the Senate and the House of Representatives (or in the cases mentioned in sections 47 and 48 of this Constitution by the House of Representatives) and assented to by the Governor-General behalf of Her Majesty.

(2) When a bill is submitted to the Governor-General for assent in accordance with the provisions of this Constitution he shall signify that he assents or that he withholds assent.

(3) When the Governor-General assents to a bill that has been submitted to him in accordance with the provisions of this Constitution the bill shall become law and the Governor-General shall thereupon cause it to be published in the Gazette as law.

(4) No law made by Parliament shall come into operation until it has been published in the Gazette but Parliament may postpone the coming into operation of any such law and may make laws with retrospective effect.

ARTICLE 46.-(1) A bill other than a money bill may be introduced in either House of Parliament ; a money bill shall not be introduced in the measures.

(2) Except on the recommendation of the Governor-General signified by a Minister, neither House of Parliament shall-

  1. proceed upon any bill (including any amendment to a bill) that, in the opinion of the person presiding, makes provision for any of the following purposes :-
    • for the imposition of taxation or the alteration of taxation otherwise than by reduction ;
    • for the imposition of any charge upon the Consolidated Fund or any other public fund of Grenada or the alteration of any such charge otherwise than by reduction ;
    • for the payment, issue or withdrawal from the Consolidated Fund or any other public fund of Grenada of any monies not charged thereon or any increase in the amount of such payment, issue or withdrawal ; or
    • for the composition or remission of any debt due to the Government of Grenada ; or
  2. proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes.
ARTICLE 47.-(1) If a money bill, having been passed by the House of Representatives and sent to the Senate at least one month before the end of the session, is not passed by the Senate without amendment within one month after it is sent to the Senate, the bill shall, unless the House of Representatives otherwise resolves, be presented to the Governor-General for his assent notwithstanding that the Senate has not consented to the bill.

(2) There shall be endorsed on every money bill when it is sent to the Senate the certificate of the Speaker signed by him that it is a money bill ; and there shall be endorsed on any money bill that is submitted to the Governor-General for assent in pursuance of subsection (1) of this section the certificate of the Speaker signed by him that it is a money bill and the provisions of that subsection have been complied with.

ARTICLE 48.-(1) This section applies to any bill other than a money bill that is passed by the House of Representatives in two successive sessions (whether or not Parliament is dissolved between those sessions) and, having been sent to the Senate in each of those sessions at least one month before the end of the session, is rejected by the Senate in each of those sessions.

(2) A bill to which this section applies shall, on its rejection for the second time by the Senate, unless the House of Representatives otherwise resolves, be submitted to the Governor-General for assent notwithstanding that the Senate has not consented to the bill :

Provided that-
  1. the foregoing provisions of this subsection shall not have effect unless at least six months have elapsed between the date on which the bill is passed by the House of Representatives in the first session and the date on which it is passed by the House of Representatives in the second session ;
  2. a bill such as is referred to in subsection (5) of section 39 of this Constitution shall not be submitted to the Governor-General for his assent unless the provisions of that subsection have been complied with and the power conferred on the House of Representatives by this subsection to resolve that a bill shall not be presented to the Governor-General for assent shall not be exercised in respect of such a bill.
(3) For the purposes of this section a bill that is sent to the Senate from the House of Representatives in any session shall be deemed to be the same bill as a former bill sent to the Senate in the preceding session if, when it is sent to the Senate, it is identical with the former bill or contains only such alterations as are certified by the Speaker of the House of Representatives to be necessary owing to the time that has elapsed since the date of the former bill or to represent any amendments which have been made by the Senate in the former bill in the preceding session.

(4) The House of Representatives may, if it thinks fit, on the passage through the House of a bill that is deemed to be the same bill as a former bill sent to the Senate in the preceding session, suggest any amendments without inserting the amendments in the bill, and any such amendments shall be considered by the Senate, and, if agreed to by the Senate, shall be treated as amendments made by the Senate and agreed to by the House ; but the exercise of this power by the House shall not affect the operation of this section in the event of the rejection of the bill in the Senate.

(5) There shall be inserted in any bill that is submitted to the Governor-General for assent in pursuance of this section any amendments that are certified by the Speaker to have been made in the bill by the Senate in the second session and agreed to by the House.

(6) There shall be endorsed on any bill that is presented to the Governor-General for assent in pursuance of this section the certificate of the Speaker signed by him that the provisions of this section have been complied with.

ARTICLE 49.-(1) In sections 46, 47 and 48 of this Constitution, "money bill" means a public bill which, in the opinion of the Speaker, contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition, for the payment of debt or other financial purposes, of charges on public money, or the variation or repeal of any such charges; the grant of money to the Crown or to any authority or person, or the variation or revocation of any such grant; the appropriation, receipt, custody, investment, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan; or subordinate matters incidental to any of the matters aforesaid; and in this subsection the expressions "taxation", "debt", "public money" and "loan" do not include any taxation imposed, debt incurred or money provided or loan raised by any local authority or body for local purposes.

(2) For the purposes of section 48 of this Constitution, a bill shall be deemed to be rejected by the Senate if-

  1. it is not passed by the Senate without amendment ; or
  2. it is passed by the Senate with any amendment which is not agreed to by the House of Representatives.
(3) Whenever the office of Speaker is vacant or the Speaker is for any reason unable to perform any function conferred on him by section 47 or 48 of this Constitution or subsection (1) of this section, that function may be performed by the Deputy Speaker.

(4) Any certificate of the Speaker or Deputy Speaker given under section 48 of this Constitution shall be conclusive for all purposes and shall not be questioned in any court of law.

(5) Before giving any certificate under section 47 or 48 of this Constitution the Speaker or Deputy Speaker, as the case may be, shall consult the Attorney-General.

ARTICLE 50.-(1) Subject to the provisions of this Constitution, each House of Parliament may regulate its own procedure and may in particular make rules for the orderly conduct of its own proceedings.

(2) Each House of Parliament may act notwithstanding any vacancy in its membership (including any vacancy not filled when the House first meets after any general election) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the House shall not invalidate those proceedings.

(3) Parliament may, for the purpose of the orderly and effective discharge of the business of the Senate and the House of Representatives, make provision for the powers, privileges and immunities of those Houses and the committees and the members thereof.

PART 3 Summoning, Prorogation and Dissolution

ARTICLE 51.-(1) Each session of Parliament shall be held at such place within Grenada and shall commence at such time as the Governor-General may by Proclamation appoint.

(2) There shall be a session of Parliament once at least in every year, so that a period of six months shall not intervene between the last sitting of Parliament in one session and the first sitting thereof in the next session.

ARTICLE 52.-(1) The Governor-General may at any time prorogue or dissolve Parliament.

(2) Subject to the provisions of subsection (3) of this section Parliament, unless sooner dissolved, shall continue for five years from the date of the first sitting of Parliament after any dissolution and shall then stand dissolved.

(3) At any time when Her Majesty is at war, Parliament may extend the period of five years specified in subsection (2) of the section for not more than twelve months at a time :

Provided that the life of Parliament shall not be extended under this subsection for more than five years.

(4) In the exercise of his powers to dissolve Parliament, the Governor-General shall act in accordance with the advice of the Prime Minister :
Provided that-

  1. if the majority of all the members of the House of Representatives pass a resolution that they have no confidence in the Government of Grenada and the Prime Minister does not within three days either resign or advise a dissolution, the Governor-General, acting in his own deliberate judgment, may dissolve Parliament ; and
  2. if the office of the Prime Minister is vacant and the Governor-General, acting in his own deliberate judgment, considers that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the support of the majority of the members of the House of Representatives, the Governor-General shall dissolve Parliament.
ARTICLE 53.-(1) A general election of members of the House of Representatives shall be held at such time within three months after any dissolution of Parliament as the Governor-General may appoint.

(2) As soon as practicable after every general election the Governor-General shall proceed under section 24 of this Constitution to the appointment of Senators.

PART 4 Delimitation of Constituencies

ARTICLE 54. For the purpose of the election of members of the House of Representatives, Grenada shall be divided into such number of constituencies, having such boundaries as may be provided for by an Order made by the Governor-General in accordance with the provisions of section 56 of this Constitution.

ARTICLE 55.-(1) There shall be a Constituency Boundaries Commission for Grenada which shall consist of-

  1. the Speaker, as Chairman;
  2. two members appointed by the Governor-General, acting in accordance with the advice of the Prime Minister; and
  3. two members appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition.
(2) A person shall not be qualified to be appointed as a member of the Commission, other than the Chairman, if he is a Senator, a member of the House of Representatives or a public officer.

(3) Subject to the provisions of this section, a member of the Commission, other than the Chairman, shall vacate his office-

  1. at the next dissolution of Parliament after his appointment; or
  2. if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.
(4) A member of the Commission other than the Chairman may be removed from office but only for inability to discharge the functions thereof (whether arising from infirmity of mind or body or any other cause) or for misbehaviour, and he shall not be so removed except in accordance with the provisions of this section.

(5) A member of the Commission shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under subsection (6) of this section and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.

(6) If the Prime Minister, in the case of a member appointed in accordance with paragraph (b) of subsection (1) of this section, or the Leader of the Opposition, in the case of a member appointed in accordance with paragraph (c) of that subsection, represents to the Governor-General that the question of removal of a member of the Commission from office for inability as aforesaid or for misbehaviour ought to be investigated, then-

  1. the Governor-General shall appoint a tribunal, which shall consist of a Chairman and not less than two other members, selected by the Governor-General, acting in accordance with the advice of the Chief Justice, 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
  2. the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether the member of the Commission ought to be removed from office for inability as aforesaid or for misbehaviour.
(7) The Commission may regulate its own procedure, and, with the consent of the Prime Minister, confer powers and impose duties on any public officer or on any authority of the Government of Grenada for the purpose of the discharge of its functions.

(8) The Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings :

Provided that any decision of the Commission shall require the concurrence of a majority of all its members.

(9) In the exercise of its functions under this Constitution the Commission shall not be subject to the control or direction of any other person or authority.

ARTICLE 56.-(1) The Constituency Boundaries Commission shall, in accordance with the provisions of this section, review the number and boundaries of the constituencies into which Grenada is divided and submit to the Governor-General reports either-

  1. showing the constituencies into which it recommends that Grenada should be divided in order to give effect to the rules set out in Schedule 2 to this Constitution ; or
  2. stating that, in the opinion of the Commission no alteration is required to the existing number or boundaries of constituencies in order to give effect to the said rules.
(2) Reports under subsection (1) of this section shall be submitted by the Commission-

  1. in the case of its first report after the day upon which this Constitution comes into operation, not more than five years from 25th August 1971 ; and
  2. of any subsequent report, not less than two nor more than five years from the date of the submission of its last report.
(3) As soon as may be after the Commission has submitted a report under subsection (l)(a) of this section, the Prime Minister shall lay before the House of Representatives for its approval the draft of an Order by the Governor-General for giving effect, whether with or without modifications, to the recommendations contained in the report, and that draft Order may make provision for any matters which appear to the Prime Minister to be incidental to or consequential upon the other provisions of the draft.

(4) Where any draft Order submitted to the House of Representatives under this section gives effect to any such recommendations with modifications, the Prime Minister shall lay before the House together with the draft Order a statement of the reasons for the modifications.

(5) If the motion for the approval of any draft Order laid before the House of Representatives under this section is rejected by the House, or is withdrawn by leave of the House, the Prime Minister shall amend the draft Order and lay the amended draft before the House.

(6) If any draft Order laid before the House of Representatives under this section is approved by resolution of the House, the Prime Minister shall submit it to the Governor-General who shall make an Order in terms of the draft ; and that Order shall come into force upon the next dissolution of Parliament after it is made.

(7) The question of the validity of any Order by the Governor-General purporting to be made under this section and reciting that a draft thereof has been approved by resolution of the House of Representatives shall not be enquired into in any court of law.