Constitution of Jamaica

At the Court at Buckingham Palace, the 23rd day of July, 1962
Present,
The Queen's Most Excellent Majesty In Council
Her Majesty, by virtue and in exercise of the powers in that behalf by subsection (1) of section 5 of the West Indies Act, 1962 or otherwise in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: -

1.
1. This Order may be cited as the Jamaica (Constitution) Order in Council 1962.
2. Subject to the provisions of subsection (2) of section 3 of this Order, this Order shall come into operation immediately before the appointed day (in this Order referred to as "the commencement of this Order"):
Provided that where by or under this Order the Governor-General has power to make any appointment or to make any Order or to do any other thing for the purposes of this Order that power may be exercised by the Governor of the Colony of Jamaica at any time after the twenty-fourth day of July, 1962 to such extent as may, in his opinion, be necessary or expedient to enable the Constitution established by this Order to function as from the commencement of this Order.

2.
1. The Orders in Council specified in the First Schedule to this Order (hereinafter referred to as "the existing Orders") are hereby revoked.
2. Notwithstanding the revocation of the existing Orders the following Regulations-
a. the Public Service Regulations, 1961,
b. the Judicial Service Regulations, 1961,
c. the Police Service Regulations, 1961, and
d. the Jamaica (Constitution) (Retirement of Entitled Officers) Regulations,1961, made thereunder and all amendments thereto shall continue in force subject to such adaptations or modifications as may be made thereto by or under section 4 of this Order and subject to amendment or repeal by the authority having power to amend or revoke the same.
3. With effect from the commencement of this Order paragraph (f) (which specifies Jamaica) of the definition of the "the Territories" in subsection (1) of section 2 of the British Caribbean Court of Appeal Order in Council 1962 is revoked.

3.
1. Subject to the provisions of subsection (2) of this section and the other provisions of this Order, the Constitution of Jamaica set out in the Second Schedule to this Order (in this Order referred to as "the Constitution") shall come into force in Jamaica at the commencement of this Order.
2. This subsection and the following provisions of the Constitution-
a. sections 80 and 81,
b. subsections (1) and (2) of section 94,
c. sections 103 and 104,
d. section 111,
e. section 124, section 125 to the extent only as to enable a Director of Public Prosecutions to be appointed before the appointed day, shall come into force in Jamaica on the twenty-fifth day of July 1962:
Provided that in relation to any period prior to the appointed day references in these provisions of the Constitution-
a. to the Governor-General and the Prime Minister shall be construed as references to the Governor and Premier respectively of the Colony of Jamaica;
b. to Parliament and to the House of Representatives shall be construed as references to the Legislature and the House of Representatives constituted under the existing Orders; and
c. to the Chief Justice or a Judge of the Supreme Court shall be construed as references to the Chief Justice or a Judge of the Supreme Court holding office under the existing Orders.

4.
1. All laws which are in force in Jamaica immediately before the appointed day shall (subject to amendment or repeal by the authority having power to amend or repeal any such law) continue in force on and after that day, and all laws which have been made before that day but have not previously been brought into operation may (subject as aforesaid) be brought into force, in accordance with any provision in that behalf, on or after that day, but all such laws shall, subject to the provisions of this section, be construed, in relation to any period beginning on or after the appointed day, with such adaptations and modifications as may be necessary to bring them into conformity with the provisions of this Order.
2. Without prejudice to the generality of the preceding subsection, in any law which continues in force on and after the appointed day or which, having been made before that day, is brought into force on or after that day, unless the context other wise requires-
a. references to the Governor shall, in relation to any period beginning on or after the appointed day, be construed as references to the Governor-General;
b. references to the Legislature or to either chamber thereof shall, in relation to any period as aforesaid, be construed as references to the Parliament, or to the corresponding House thereof, established by the Constitution;
c. references to any office (or to the person holding or acting in it) connected with either chamber of the Legislature shall, in relation to any such period as aforesaid be construed as references to the corresponding office (or the person holding or acting in it) constituted by or under the Constitution;
d. references to the Cabinet, to the premier or to any other Minister shall, in relation to any such period as aforesaid, be construed as references respectively to the Cabinet established by the Constitution to the Prime Minister appointed for the time being under the Constitution and to the corresponding Minister so appointed;
e. references to the Secretary to the Cabinet shall, in relation to any such period as aforesaid, be construed as references to the Secretary to the Cabinet established by the Constitution;
f. references to the Privy Council shall, in relation to any such period as aforesaid, be construed as references to the Privy Council established by the Constitution;
g. references to the Judicial Service Commission, the Public Service Commission or the Police Service Commission shall, in relation to any such period as aforesaid, be construed as references respectively to the Judicial Service Commission, the Public Service Commission or the Police Service Commission established by the Constitution;
h. references to any other office (or to the person holding or acting in it) constituted by or under the existing Orders or to any other authority or body so constituted shall, in relation to any such period as aforesaid, be construed as references respectively to the corresponding office (or to the person holding or acting in it) or the corresponding authority or body constituted by or under the Constitution.
3. For the purposes of this Order the Senate is the corresponding House to the Legislative Council constituted under the existing Orders.
4. The Governor-General may, by Order published in the Gazette, declare-
a. for the purposes of paragraphs (c) and (h) of subsection (2) of this section, what is the corresponding office, authority or body referred to in either of those paragraphs; and
b. for the purposes of paragraph (d) of that subsection, who is the corresponding Minister referred to in that paragraph.

5.
a. The Governor-General may, by Order made at any time within a period of two years commencing with the appointed day and published in the Gazette, make such adaptations and modifications in any law which continues in force in Jamaica on and after the appointed day, or which having been made before that day, is brought into force on or after that day, as appear to him to be necessary or expedient by reason of anything contained in this Order.
b. Without prejudice to the generality of paragraph (a) of this subsection any Order made thereunder may transfer to the Director of Public Prosecutions any function by any such law vested in the Attorney-General.
c. An Order made by the Governor-General under this subsection shall have effect from such date, not earlier than the appointed day, as may be specified therein.

5.
Without prejudice to the provisions of the preceding section and for the avoidance of doubt, it is hereby declared that any resolution of the House of Representatives passed before the appointed day and any law enacted by the Legislature before that day (whether such resolution was passed or such law enacted before or after the making of this Order) relay have effect for the purposes of section 117 of the Constitution as if they were respectively a resolution of the House of Representatives established by the Constitution or a law enacted by the Parliament so established.

6.
1. Notwithstanding any other provisions of this Order, the House of Representatives constituted under the existing Orders (in this section referred to as "the existing House of Representatives") shall be the House of Representatives of Jamaica during the period beginning with the commencement of this Order and ending with the first dissolution of Parliament thereafter.
2. The persons who immediately before the commencement of this Order are members of the existing House of Representatives shall be members of the House of Representatives established by this Order and as from that time shall be deemed to have been elected as such in pursuance of section 36 of the Constitution and shall hold their seats in that House in accordance with the provisions of the Constitution.
3. The persons who immediately before the commencement of this Order are Speaker and Deputy Speaker of the existing House of Representatives shall be Speaker and Deputy Speaker respectively of the House of Representatives established by this Order and as from that time shall be deemed to have been elected as such in pursuance of section 43 of the Constitution and shall hold office in accordance with the provisions of the Constitution.
4. The Standing Orders of the existing House of Representatives as in force immediately before the commencement of this Order shall with such adaptations and modifications as may be necessary to bring them into conformity with this Order, be the first Standing Orders of the House of Representatives established by the Constitution as if they had been made in pursuance of section 51 of the Constitution.
5. Notwithstanding anything contained in subsection (2) of section 64 of the Constitution (but subject to the provisions of subsections (3) and (4) of that section) Parliament shall, unless sooner dissolved, stand dissolved on the tenth day of April 1967.

7.
The Standing Orders of the Legislative Council constituted under the existing Orders as in force immediately before the commencement of this Order shall, with such adaptations and modifications as may be necessary to bring them into conformity with this Order, be the first Standing Orders of the Senate established by the Constitution as if they had been made in pursuance of section 51 of the Constitution.

8.
Until other provision is made in that behalf, the salary and allowances payable to members of either House, the President and Deputy President of the Senate, the Speaker and Deputy Speaker of the House of Representatives, Ministers and Parliamentary Secretaries shall be those payable to the persons last holding the corresponding offices immediately before the commencement of this Order.

9.
1. Any person who, immediately before the commencement of this Order holds office as Clerk or Deputy Clerk of the Legislative Council or of the House of Representatives shall, as from that time, hold the like office of Clerk or Deputy Clerk of the Senate or of the House of Representatives as if he had been appointed thereto under section 47 of the Constitution, and shall, until other provision is made in accordance with the provisions of that section, hold office on the same terms of service as applied to him immediately before the commencement of this Order.
2. Any other person who, immediately before the commencement of this Order holds an office on the staff of the Clerk of the Legislative Council or on the staff of the Clerk of the House of Representatives shall hold the like office on the staff of the Clerk of the Senate or on the staff of the Clerk of the House of Representatives as from that time as if he had been appointed thereto under section 47 of the Constitution.

10.
1. The person who, immediately before the commencement of this Order, holds the office of Premier shall, as from that time hold office as Prime Minister as if he had been appointed thereto under section 70 of the Constitution; the persons who, immediately before the commencement of this Order, are members of the House of Representatives and hold office as other Ministers shall, as from that time, similarly hold the like offices under the Constitution; and references in the Constitution to the Cabinet shall be construed accordingly.
2. Where any Minister who holds office as from the commencement of this Order under the provisions of the preceding subsection is, by virtue of a direction given under the existing Orders, charged immediately before the commencement of this Order with responsibility for any subject or department, he shall be deemed as from the commencement of this Order to have been charged with the responsibility for the corresponding subject or department of government under subsection (1) of section 77 of the Constitution.

11.
Any person who, immediately before the commencement of this Order, is a member of the House of Representatives and holds office as a Parliamentary Secretary shall, as from that time hold office as Parliamentary Secretary as if he had been appointed thereto under the provisions of section 78 of the Constitution.

12.
The person who, immediately before the commencement of this Order holds office as Secretary of the Cabinet shall, as from that time, hold office as Secretary to the Cabinet as if he had been appointed thereto under the provisions of section 92 of the Constitution.

13.
1. The Supreme Court in existence immediately before the commencement of this Order shall be the Supreme Court for the purposes of the Constitution, and the Chief Justice and other Judges of the Supreme Court holding office immediately before the commencement of this Order shall, as from that time, continue to hold the like offices as if they had been appointed thereto under the provisions of Chapter VII of the Constitution.
2. Until other provision is made under and in accordance with the provisions of section 101 of the Constitution, the salaries and allowances of the Judges of the Supreme Court shall be the salaries and allowances to which the holders of those offices were entitled immediately before the commencement of this Order.

14.
1. Any proceedings pending immediately before the commencement of this Order on appeal from the Supreme Court to the British Caribbean Court of Appeal may be continued after the commencement of this Order before the Court of Appeal established by the Constitution.
2. Any judgment of the Supreme Court of the Federation of The West Indies or of the British Caribbean Court of Appeal in an appeal from a court of Jamaica given but not satisfied, before the commencement Order, may be enforced after the commencement of this Order as if it were a judgment of the Court of Appeal established by the Constitution.

15.
The Court of Appeal established by the Constitution may have and exercise such jurisdiction and powers in respect of the Cayman Islands and the Turks and Caicos Islands as may be conferred upon it by any law for the time being in force in the Cayman Islands or the Turks and Caicos Islands, as the case may be, and may for the purpose of exercising that jurisdiction sit either in Jamaica or in the Cayman Islands or in the Turks and Caicos Islands as the case may be.

16.
Until provision is made under and in accordance with subsection (4) of section 120 of the Constitution, the salary and allowances of the Auditor-General shall be the salary and allowances to which the holder of that office was entitled immediately before the commencement of this Order.

17.
1. Where any office has been established for the former Colony of Jamaica by or under the existing Orders or any existing law, and the Constitution establishes the same or an equivalent office for Jamaica, not being the office of Prime Minister, Minister, or Parliamentary Secretary, any person who, immediately before the commencement of this Order, is holding or acting in the former office shall, so far as is consistent with the provisions of this Order, be deemed as from the commencement of this Order to have been appointed to or to act in the latter office in accordance with the provisions of this Order and to have taken any necessary oath under this Order.
2. Subject to the provisions of this Order, every person who, immediately before the commencement of this Order holds or is acting in a public office shall, as from that time, continue to hold or act in the like office as if he had been appointed thereto or to act therein in accordance with the provisions of this Order.
3. The provisions of this section shall be without prejudice to-
a. the provisions of section 6 of this Order; and
b. any powers conferred by or under this Order upon any person or authority to make provision for the abolition of offices and the removal of persons holding or acting in any office.
4. In this section "existing law" means such a law as is referred to in subsection (1) of section 4 of this Order.

18.
Any matter which, immediately before the commencement of this Order, is pending before the Privy Council established under the existing Orders shall as from the commencement of this Order, be continued before the Privy Council established by the Constitution.

19.
1. Any power of the Governor of the Colony of Jamaica acting on the recommendation of a Commission established by the existing Orders (in this section referred to as "an existing Commission") which has been validly delegated to any person or authority under those Orders shall, as from the commencement of this Order, be deemed to have been delegated to that person or authority in accordance with the provisions of the Constitution.
2. Any matter which, immediately before the commencement of this Order, is pending before an existing Commission or, as the case may be, before any person or authority to whom the power to deal with such matter has been validly delegated under the existing Orders shall as from the commencement of this Order be continued before the Judicial Service Commission established by the Constitution or the Public Service Commission or the Police Service Commission so established or, as the case may be, the said person or authority:
Provided that where an existing Commission or, as the case may be, any person or authority as aforesaid has, immediately before the commencement of this Order, partly completed the hearing of a disciplinary proceeding (in this section referred to as "the original hearing"), no person shall take part in the continued hearing unless he has also taken part in the original hearing; and where by virtue of this subsection the original hearing cannot be so continued the hearing of the disciplinary proceedings shall be recommenced.

20.
1. Any person who, immediately before the commencement of this Order, holds any office established by or under the existing Orders and who does not, as from the date of such commencement, hold any public office shall be entitled to the leave, beginning with the commencement of this Order, for which under the terms of service applicable to him immediately before the commencement of this Order he was then eligible:
Provided that if any such person holds, or is acting in, as from the commencement of this Order, any office established by or under the Constitution, the leave to which he is entitled under this section shall begin when he relinquishes that office.
2. When any person is on leave under the provisions of subsection (1) of this section, he shall be regarded as still in the office which he held immediately before the commencement of this Order.

21.
1. Parliament may alter any of the provisions of sections 1 to 22 (inclusive), other than section 15, of this Order including this section in the same manner as it may alter the provisions of the Jamaica Independence Act, 1962.
2. Parliament may amend from time to time or repeal, in so far as it forms part of the law of Jamaica, section 15 of this Order by an Act passed in accordance with the provisions of paragraph (b) of subsection (4) of section 49 of the Constitution.

22.
1. In this Order references to any body or to any office shall be construed, in relation to any period before the commencement of this Order, as references to such body or such office as constituted by or under the existing Orders, and references to the holder of any office shall be similarly construed.
2. The provisions of section 1 of the Constitution shall apply for the purposes of interpreting this Order as they apply for interpreting the Constitution.

Chapter I Preliminary

1.
1. In this Constitution unless it is otherwise provided or the context otherwise requires-
– "Act of Parliament" means any law made by Parliament;
– "the appointed day" means the sixth day of August, 1962;
– "the Broad Seal" means the Broad Seal of Jamaica;
– "the Cabinet" means the Cabinet established by section 69 of this
– Constitution;
– "the Clerk" and "the Deputy Clerk" mean respectively the Clerk and
– the Deputy Clerk of either House, as the context may require;
– "the Commonwealth" means Jamaica, any country to which section
– 9 of this Constitution applies and any dependency of any such country;
– "the Consolidated Fund" means the Consolidated Fund established
– by section 114 of this Constitution;
– "constituency" means an area of Jamaica having separate
– representation in the House of Representatives;
– "defence force" means any naval, military or air force of the Crown
– in right of the Government of Jamaica;
– "the financial year" means the twelve months ending on the 31st
– day of March in any year or on such other date as may from time
– to time be prescribed by Act of Parliament;
– "the Gazette" means the Jamaica Gazette;
– "House" means either the Senate or the House of Representatives
– as the context may require;
– "Jamaica" has the meaning attributed to that expression in the
– Jamaica Independence Act, 1962;
– "law" includes any instrument having the force of law and any
– unwritten rule of law and "lawful" and "lawfully" shall be construed accordingly;
– "oath of allegiance" means the oath of allegiance set out in the First
– Schedule to this Constitution;
– "Parliament" means the Parliament of Jamaica;
– "police officer" means a member of the Jamaica Constabulary Force
– or any force, by whatever name called, for the time being
– succeeding to the functions of the Jamaica Constabulary Force;
– "the President" and "the Deputy President" mean respectively the
– President and the Deputy President of the Senate elected under section 42 of this Constitution;
– "Privy Council" means the Privy Council established by section 82 of
– this Constitution;
– "public office" means any office of emolument in the public service;
– "public officer" means the holder of any public office and includes
– any person appointed to act in any such office;
– "the public service" means, subject to the provisions of subsections
– (5) and (6) of this section, the service of the Crown in a civil capacity in respect of the Government of Jamaica (including service as a member of the Judicial Service Commission, the Public Service Commission or the Police Service Commission) and includes public service in respect of the former Colony of Jamaica;
– "session" means, in relation to a House, the sittings of that House commencing when it first meets after this Constitution comes into force or after the prorogation or dissolution of Parliament at any time and terminating when Parliament is prorogued or is dissolved without having been prorogued;
– "sitting" means, in relation to a House, a period during which that House is sitting continuously without adjournment and includes any period during which the House is in committee;
– "the Speaker" and "the Deputy Speaker" mean respectively the Speaker and Deputy Speaker elected under section 43 of this Constitution.
2. Save where this Constitution otherwise provides or the context otherwise requires-
a. any reference in this Constitution to an appointment to any office shall be construed as including a reference to an appointment on promotion or transfer to that office and to the appointment of a person to perform the functions of that office during any period during which it is vacant or during which the holder thereof is unable (whether by reason of absence or infirmity of body or mind or any other cause) to perform those functions; and
b. any reference in this Constitution to the holder of an office by the term designating his office shall be construed as including a reference to any person for the time being lawfully performing the functions of that office.
3. Where by this Constitution power is conferred on any person or authority to appoint a person to perform the functions of any office if the holder thereof is unable himself to perform its functions, any such appointment shall not be called in question on the ground that the holder of that office was not unable to perform those functions.
4. For the purposes of this Constitution a person shall not be considered as holding a public office by reason only of the fact that he is in receipt of a pension or other like allowance in respect of public service.
5. If it is provided by any law for the time being in force that an office (not being an office constituted by this Constitution) shall not be a public office for the purposes of Chapter V of this Constitution, this Constitution shall have effect accordingly as if that provision of that law were enacted herein.
6. In this Constitution "the public service" does not include service in the office of Governor-General, President, Deputy President, Speaker, Deputy Speaker, Minister, Parliamentary Secretary, Leader of the Opposition, Senator, member of the House of Representatives, member of the Privy Council, Judge of the Supreme Court or Judge of the Court of Appeal or Clerk or Deputy Clerk of either House or service on the personal staff of the Governor-General or, subject to the provisions of section 79 of this Constitution, service in the office of Attorney-General.
7. References in this Constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service: Provided that-
a. nothing in this subsection shall be construed as conferring on any person or authority power to require a Judge of the Supreme Court or Court of Appeal or the Director of Public Prosecutions or the Auditor-General to retire from the public service; and
b. any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a Commission established by this Constitution, vest in the Public Service Commission.
8. Where any power is conferred by this Constitution to make any Proclamation or order or to give any directions, the power shall be construed as including a power exercisable in like manner to amend or revoke any such Proclamation, order or directions.
9. No provision of this Constitution that any person or authority shall not be subject to the direction or control of any other person or authority in exercising any functions under this Constitution shall be construed as precluding a court from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this Constitution or any other law.
10. Any reference in this Constitution to a law enacted before the commencement of this Constitution shall, unless the context otherwise requires, be construed as a reference to that law as in force immediately before the appointed day.
11. Where a person is required by this Constitution to make an oath he shall be permitted, if he so desires, to comply with that requirement by making an affirmation.
12. The Interpretation Act, 1889 as in force on the appointed day, shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, Acts of Parliament of the United Kingdom.

2.
Subject to the provisions of sections 49 and 50 of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.