Section 45: Legislative Power

The power to make laws for the State vests in a Parliament consisting of the President, the House of Representatives and the Senate.

Section 46: Way in which legislative power exercised

1. Subject to this Constitution, the power of the Parliament to make laws is exercised through the enactment of Bills passed by both Houses of the Parliament and assented to by the President.

2. The President must not refuse to assent to a Bill duly presented for his or her assent.

3. A law made by the Parliament does not come into operation before the date on which it is published in the Gazette.

Section 47: Passage of Bills

1. All Bills originate in the House of Representatives.

2. Following passage of a Bill by the House of Representatives, the Bill is sent to the Senate.

3. The Senate may pass the Bill with or without amendment or may reject it.

4. If the Bill is amended by the Senate, the House of Representatives may agree to the amendment, reject it or agree to it in an amended form.

5. If the House of Representatives does not agree to an amendment made by the Senate, the Bill is returned to the Senate in the form in which it has again been passed by the House of Representatives.

6. If:

1. the House of Representatives passes a Bill in 2 successive sessions;
2. an interval of at least 6 months elapses between its passage on each occasion; and
3. on each occasion the Senate rejects it or passes it with an amendment to which the House of Representatives does not agree the Bill may be presented to the President for assent.

7. Subsection (6) does not apply to a Bill referred to in section 185.

8. If the House of Representatives thinks fit, it may, on the passage by it of a Bill which the Senate has rejected or unacceptably amended, include with the Bill suggested amendments that, if agreed to by the Senate, would be acceptable to the House of Representatives.

9. If the Senate passes die Bill with those suggested amendments, they are taken to be amendments made by the Senate and agreed to by the House of Representatives.

10. This section does not limit the operation of section 48 or 49.

Section 48: Urgent Bills

1. If:

1. the Prime Minister certifies in writing to the President of the Senate that a Bill passed by the House of Representatives is an urgent measure;
2. the Bill is sent to the Senate at least 7 sitting days before the end of the session; and
3. the Senate does not pass the Bill within a period of 7 sitting days after the Senate received it, or the Senate passes it with an amendment to which the House of Representatives does not agree within that period the Bill (with amendments, if any, agreed to by both Houses) may be presented to the President for assent.

2. This section does not apply to a Bill referred to in section 185.

3. This section does not limit the operation of section 49.

Section 49: Limitation on powers of Senate with respect to money Bills

1. The Senate may not amend Bills imposing taxation or appropriating revenue or moneys.

2. The Senate may not amend any Bill so as to increase any proposed charge or burden on the people.

3. If:

1. a Bill passed by the House of Representatives is certified by the Speaker as an appropriation Bill; and
2. the Bill is not passed by the Senate without amendment by the end of the sitting day after the day on which it was sent to the Senate the Bill must, unless the House of Representatives otherwise resolves, be presented to the President for assent.

4. If:

1. a money Bill (other than a Bill referred to in subsection (3)) passed by the House of Representatives is certified by the Speaker as a money Bill;
2. the Bill is sent to the Senate at least 21 sitting days before the end of the session; and
3. the Bill is not passed by the Senate without amendment within 21 sitting days after it was sent to the Senate the Bill must, unless the House of Representatives otherwise resolves, be presented to the President for assent.

5. Subsections (3) and (4) do not apply to a Bill referred to in section 185.

6. In this section money Bill means a Bill that:

1. imposes, alters, remits or reduces taxation;
2. imposes, alters, remits or reduces a charge or impost;
3. alters or reduces a grant of moneys to any person;
4. deals with the granting of a guarantee or the making of a loan on the security of the revenue of the State or the Consolidated Fund, the repayment of such a loan or the abolition of a sinking fund in connection with such a loan; or
5. otherwise relates to public moneys.

Section 50: Members

The House of Representatives consists of 71 members elected in accordance with this Constitution to represent single-member constituencies.

Section 51: Seats

1. The 71 members are elected as follows:

1. 46 are elected by voters registered on one of 4 separate electoral rolls, namely:
   • a roll of voters who are registered as Fijians;
   • a roll of voters who are registered as Indians,
   • a roll of voters who are registered as Rotumans; and
   • a roll of voters who are registered otherwise than as Fijians, Indians or Rotumans;
2. 25 are elected by voters from all communities registered on an open electoral roll.

2. The number-of members elected under subparagraph (1)(a)(i) is 23.

3. The number of members elected under subparagraph (1)(a)(ii) is

4. Tie number of members elected under subparagraph (1)(a)(iii) is 1.

5. The number of members elected under subparagraph (1)(a)(iv) is 3.

Section 52: Boundaries

1. The Constituency Boundaries Commission must determine the boundaries of constituencies for the election of members to communal seats and open seats.

2. In determining the boundaries of the constituencies for the election of members to the communal seats to be filled in accordance with sub paragraph 51 (1)(a)(i), the Constituency Boundaries Commission:

1. must ensure that the boundaries for 17 of the constituencies are in accordance with the provincial boundaries prescribed under the Fijian Affairs Act and that, subject to paragraph (b):
   • the provinces of Ba, Tailevu and Cakaudrove comprise 2 constituencies each; and
   • the other provinces comprise I constituency each;
2. must ensure that the remaining 6 constituencies comprise predominantly urban or pre-urban areas in which the number of voters is, as far as reasonably practicable, the same; and
3. subject to paragraphs (a) and (b), must give due consideration, in relation to each proposed constituency, to:
   • the physical features of the proposed constituency;
   • the boundaries of existing recognised traditional areas; and
   • means of communication and travel within the proposed constituency.

3. In determining the boundaries of the other constituencies, the Constituency Boundaries Commission:

1. must try to ensure that the number of voters in each communal seat (other than a communal seat referred to in subsection (2)) is, as far as reasonably practicable, the same;
2. must try to ensure that the number of voters in each open seat is, as far as reasonably practicable, the same; and
3. subject to paragraph (a) or (b), must give due consideration, in relation to each proposed constituency, to:
   • the physical features of the proposed constituency;
   • the boundaries of existing administrative and recognized traditional areas,
   • means of communication and travel within the proposed constituency; and
   • if the proposed constituency relates to an open seat the principle that the voters should comprise a good proportion of members of different ethnic communities.

4. In this section: communal seat means a seat to be filled in accordance with paragraph 51 (1)(a); open seat means a seat to be filled in accordance with paragraph 51 (1)(b).

Section 53: Re distributions

1. The Constituency Boundaries Commission must, in the year following each official census, and may, at other times, review the boundaries of constituencies and determine whether or not the boundaries should, be changed to give effect to the requirements or subsections 52 (2) and (3).

2. The Parliament may make laws relating to reviews conducted by the Commission under subsection (1), including law requiring the Commission to give notice of proposed redistribution and to hear objections before making a determination.

3. Upon the making of a determination on a redistribution, the Commission must report its findings to the House of Representatives, together with;

1. a summary of any objections made to it; and
2. the reasons for its determination.

4. Subject to the jurisdiction of a court to entertain an application for judicial review, a determination of the Commission is final.

Section 54: Voting and other matters

1. The election of a member for each constituency is conducted under the preferential system of voting known as the alternative vote.

2. The Parliament may make laws relating to elections for the House of Representatives.

Section 55: Registration as voter

1. Subject to this section, all persons who:

1. have reached the age of 21 or such other age as the Parliament prescribes;
2. are citizens of Fiji; and
3. have been resident in Fiji for the 2 years immediately before their application for registration (unless their absence from Fiji for all or a part of that period is for a reason prescribed by the Parliament for the purposes of this paragraph) have a right to be registered as voters.

2. Each person who has a right to be registered as a voter has a right to be registered on:

1. one of the 4 rolls referred to in paragraph 51 (1)(a); and
2. the roll referred to in paragraph 51 (1)(b).

3. A person:

1. who has a right to be registered as a voter; and
2. any of whose progenitors in the male or female line is or was a native inhabitant of Fiji (other than Rotuma); has a right to be registered on the roll referred to in sub paragraph 51 (1)(a)(i).

4. A person:

1. who has a right to be registered as a voter; and
2. any of whose progenitors in the male or female line is or was a native inhabitant of the sub-continent of India; has a right to be registered on the roll referred to in sub paragraph 51 (1)(2)(ii).

5. A person:

1. who has a right to be registered as a voter; and
2. any of whose progenitors in the male or female line is or was a native inhabitant of Rotuma; has a right to be registered on the roll referred to in sub paragraph 51 (1)(a)(iii).

6. A person:

1. who has a right to be registered as a voter; and
2. who:
   • does not have a right to be registered on a roll referred to in sub paragraph 51 (1)(a)(i), (ii) or (iii); or
   • has a right to be registered on such a roll by reason of descent through the male or female line but chooses not to exercise that right; has a right to be registered on the roll referred to in sub paragraph 51 (1)(a)(iv).

7. A person who has not been resident in Fiji for 2 years (except for a reason prescribed by the Parliament for the purposes of this subsection) ceases to have a right to be registered as a voter.

8. A person who:

1. is serving a sentence of imprisonment of 12 months or longer, or is under sentence of death, imposed by a court in Fiji;
2. is serving a sentence of imprisonment of 12 months or longer imposed by a court of another country prescribed by the Parliament for the purposes of this paragraph;
3. is, under a law in force in Fiji, adjudged or declared to be of unsound mind; or
4. is serving a period of disqualification from registration as a voter under a law relating to electoral offences does not have a right to be, or ceases to have a right to be, registered as a voter.

9. A law made by the Parliament may impose conditions on the extent to which a person who becomes registered on one of the rolls referred to in the sub paragraphs of 51 (1)(a) may choose to cease to be registered on that roll in order to become registered on another of those rolls.

10. Subject to such exceptions as the Parliament prescribes, every person who has a right to be registered as a voter must forthwith apply to the Supervisor of Elections for registration.

Section 56: Compulsory voting

Every person registered as a voter whose right to registration has not ceased must, as prescribed by the Parliament and subject to such exceptions as the Parliament prescribes, vote in every election in the constituencies in respect of which he or she is enrolled.

Section 57: Registration of voters

The functions of the Electoral Commission and the Supervisor of Elections include the function of promoting public awareness of electoral and parliamentary matters with a view to encouraging the registration as voters of persons who have a right to be registered.

Section 58: Nomination as candidate for election

1. A person is not eligible to be elected as a member of the House of Representatives unless duly nominated.

2. A person is not qualified to be nominated as a candidate for election to the House of Representatives if he or she:

1. is not a registered voter or has ceased to have a right to be registered as a voter;
2. is an undischarged bankrupt; or
3. has an interest in an agreement or contract entered into with the Government or a government authority, being an interest of a kind prescribed by the Parliament as an interest that must not be held by a member of the Parliament or a presiding officer of a House of the Parliament.

3. Only a person registered on a roll referred to in sub paragraph 51 (1)(a)(i), (ii), (iii) or (iv) is qualified to be nominated as a candidate for election by the voters on that roll.

4. A law made by the Parliament may make provision relating to the nomination of candidates.

5. If, at the close of nominations for 2 or more elections to the House of Representatives, there exist nominations of a person for 2 or more of those elections, each of the nominations is invalid.

Section 59: Terms of House of Representatives

The House of Representatives, unless sooner dissolved, continues for 5 years from the date of its first meeting after a general election of members of the House.

Section 60: Writs for elections

1. Writs for the election of members of the House of Representatives are issued by the President on the advice of the Prime Minister.

2. The writs for a general election issue within 7 days from the expiry of the House of Representatives or from the proclamation of its dissolution.

Section 61: Date of nomination

The last day for the receipt of a nomination of a candidate for election to the House of Representatives is 14 days after the date of the writ or writs.

Section 62: Dates of polling

Polling commences not later than 30 days after the last day for the receipt of nominations.

Section 63: By-elections

If the place of a member of the House of Representatives becomes vacant before the end of his or her term of service, an election may be held in the constituency concerned for the purpose of filling the place of the member for the remainder of the term unless the vacancy occurs more than 4 years and 6 months after the first meeting of the House following the last general election.


Section 64: Members

1. The Senate consists of 32 members, of whom:

1. 14 are appointed by the President on the advice of the Bose Levu Vakaturaga;
2. 9 are appointed by the President on the advice of the Prime Minister;
3. 8 are appointed by the President on the advice of the Leader of the Opposition; and
4. 1 is appointed by the President on the advice of the Council of Rotuma.

2. The leaders of each of the parties entitled to be invited to participate in the Cabinet under section 99 nominate a person or persons for appointment under paragraph (1)(c) and, in tendering advice to the President pursuant to that paragraph, the Leader of the Opposition must ensure that the 8 persons proposed for appointment comprise such number of nominees of those parties as is proportionate to the size of the membership of those parties in the House of Representatives.

3. If, at the time when an appointment is, or appointments are, to be made to the Senate under this section, the position of Leader of the Opposition is vacant, the Prime Minister must adopt the role of the Leader of the Opposition under subsection (2) in tendering advice to the President as to the 8 persons proposed for appointment under paragraph (1)(c).

4. A person is not eligible to be appointed as a member of the Senate unless he or she is eligible to be a candidate in elections to the House of Representatives.

Section 65: Terms of Senate

The term of the Senate expires on:

1. the expiry of the House of Representatives; or
2. its earlier dissolution.

Section 66: Vacancies

If the place of a Senator becomes vacant before the end of his or her term of service, an appointment to fill the vacancy may be made under the paragraph of subsection 64 (1) under which the Senator was appointed.


Section 67: Candidates who are public officeholders

1. A person who holds a public office is deemed to have vacated that office immediately before the time at which his or her signed nomination as a candidate for election to the House of Representatives is delivered to the relevant returning officer.

2. A person who holds a public office is deemed to have vacated that office immediately before the time at which he or she is appointed by the President as a member of the Senate.

3. A person who has held office as:

1. a member of the Constituency Boundaries Commission;
2. a member of the Electoral Commission;
3. a member of the Parliamentary Emoluments Commission;
4. the Supervisor of Elections; or
5. a member of the Constitutional Offices Commission is ineligible to be nominated as a candidate for election to the House of Representatives for 4 years after ceasing to hold that office.

4. In this section public office does not include:

1. the office of a Minister;
2. the office of Leader of the Opposition; or
3. an office held by a Minister by virtue of his or her appointment as a Minister.

Section 68 Sessions of Parliament

1. After a general election of members of the House of Representatives, the Parliament is summoned to meet by the President on the advice of the Prime Minister not later than 30 days after the last day of polling.

2. Other sessions of the Parliament commence on a date appointed by the President on the advice of the Prime Minister but no longer than 6 months must elapse between the end of one session and the start of another.

3. If:

1. the Parliament is not in session; and
2. the President receives a request in writing from not less than 18 members of the House of Representatives requesting that the Parliament be summoned to meet to consider without delay a matter of public importance the President may, acting in his or her own judgment, summon the Parliament to meet.

4. If:

1. the Parliament is in session but more than 2 months have elapsed between sittings of the House of Representatives; and
2. the Speaker receives a request in writing from not less than 18 members of the House requesting that a sitting be held to consider without delay a matter of public importance the Speaker must call a sitting of the House for a date not later than 2 weeks after the date on which the request was made.

5. Subject to this section, the sittings of each House of the Parliament are held at such time and place as the House determines in accordance with its rules and orders.

Section 69: Voting in both Houses

1. (1)Subject to this Constitution, all questions proposed for decision in either House of the Parliament are determined by a majority vote of the members of the House present and voting.

2. (2)If there is an equality of votes, the person presiding does not have a casting vote and the question concerned is deemed to be lost.

Section 70: Quorum

1. If at a sitting of either House of the Parliament:

1. a quorum of the House is not present;
2. a member of the House objects on that account to its transacting business; and
3. after such interval as is prescribed in rules and orders of the House, the person presiding ascertains that a quorum is still not present the person presiding must adjourn the sitting.

2. For the purposes of this section:

1. the quorum for the House of Representatives is 24 members; and
2. the quorum for the Senate is 12 members.

Section 71: Vacation of place of member of Parliament

1. The place of a member of the House of Representatives becomes vacant if the member:

1. resigns by giving to the Speaker a signed resignation;
2. with the member's consent, becomes the holder of a public office;
3. ceases to have a right to be registered as a voter in an election to the House of Representatives;
4. is an undischarged bankrupt;
5. is absent from 2 consecutive meetings of the House of Representatives without having obtained the permission of the Speaker to be absent;has an interest in an agreement or contract entered into with the Government or a government authority, being an interest of a kind prescribed by the Parliament as an interest that must not be held by a member of the Parliament or a presiding officer of a House of the Parliament;
6. resigns from the political party for which he or she was a candidate at the time he or she was last elected to the House of Representatives;
7. is expelled from the political party for which he or she was a candidate at the time he or she was last elected to the House of Representatives and:
   • the political party is a registered party;
   • the expulsion was in accordance with rules of the party relating to party discipline; and
   • the expulsion did not relate to action taken by the member in his or her capacity as a member of a parliamentary committee;
8. is nominated as a candidate for election to the House of Representatives in a constituency other than the constituency for which he or she is the member; or
9. is appointed as a member of the Senate.

2. The place of a member of the Senate (other than the President of the Senate) becomes vacant if the member:

1. resigns by giving to the President of the Senate a signed resignation;
2. with the member's consent, becomes the holder of a public office;
3. would, if he or she were a member of the House of Representatives, vacate his or her place by reason of the operation of paragraph (1)(c), (d) or (f);
4. is absent from 2 consecutive meetings of the Senate without having obtained the permission of the President of the Senate; or
5. is nominated as a candidate for election to the House of Representatives.

3. For the purposes of paragraph (1)(g), the place of the member of the House of Representatives becomes vacant only upon the receipt by the Speaker of a certificate, signed by the president and secretary of the member's former party, certifying the member's resignation.

4. For the purposes of paragraph (1)(h), the place of the member of the House of Representatives becomes vacant only after the expiration of 28 days from the receipt by the Speaker of a certificate, signed by the president and secretary of the member's former party, certifying the member's expulsion.

5. Despite subsection (4), if a member of the House of Representatives who is expelled from his or her political party brings proceedings in the courts challenging the validity of the expulsion, his or her place in the House of Representatives does not become vacant unless and until those proceedings, including any appeal, are determined adversely to him or her and, pending their determination, the member is taken to be suspended from the service of the House.

6. In this section public office does not include:

1. the office of a Minister;
2. the office of Leader of the Opposition;
3. the office of Deputy Speaker of the House of Representatives, President of the Senate or Vice-President of the Senate; or
4. if the member concerned is a Minister - an office held by him or her by virtue of his or her appointment as a Minister.

Section 72: Vacancies in House membership

Each House of the Parliament may act despite a vacancy in its membership, and the presence at, or the participation in, its proceedings of a person not entitled to be a member does not invalidate the proceedings.

Section 73: Court of disputed returns

1. The High Court is the Court of Disputed Returns and has original jurisdiction to hear and determine:

1. a question whether a person has been validly elected as a member of the House of Representatives: and
2. an application for a declaration that the place of a member of the House of Representatives or the Senate has become vacant.

2. The validity of an election or return may be disputed by petition addressed to the Court of Disputed Returns and not otherwise.

3. The petition:

1. a. may only be brought by:
   • a person who had a right to vote in the election concerned;
   • a person who was a candidate in that election; or
   • the Attorney-General; and
2. b. except if corrupt practice is alleged, must be brought within 6 weeks of the declaration of the poll.

4. If the petitioner not the Attorney-General, the Attorney-General may intervene in the proceedings.

5. Proceedings pursuant to paragraph (1)(b) may only be brought by:

1. a member of the Parliament;
2. a voter registered on any electoral roll; or
3. the Attorney-General.

6. If the proceedings are not brought by the Attorney-General, the Attorney-General may intervene in them.

7. A determination by the High Court in proceedings under paragraph (1)(a) is final.

Section 74: Proceedings of the Parliament

1. The official language of the Parliament is English but a member of either House may address the person presiding in Fijian or Hindustani.

2. The Parliament may prescribe the powers, privileges and immunities of the Houses of the Parliament.

3. The House of Representatives must, under its rules and orders, establish not less than 5 sector standing committees with the functions of scrutinizing Government administration and examining Bills and subordinate legislation and such other functions as are specified from time to time in the rules and orders of the House.

4. Ministers are not eligible for election to sector standing committees of the House of Representatives.

5. Each House of the Parliament may make rules and orders with respect to:

1. the way in which its powers, privileges and immunities may be exercised and upheld; and
2. the order and conduct of its business and proceedings either separately or jointly with the other House.

Section 75: Constituency Boundaries Commission

The Constituency Boundaries Commission established under the Constitution of 1990 continues in existence.

Section 76: Appointments to Constituency Boundaries Commission

1. The Constituency Boundaries Commission consists of:

1. a chairperson; and
2. 2 other members.

2. The chairperson must be a person who is, or is qualified to be, a judge.

3. The chairperson is appointed by the President, acting in his or her own judgment, following consultation with the Prime Minister and the Leader of the Opposition.

4. The 2 other members are appointed by the President, one on the nomination of the Prime Minister and the other on the nomination of the Leader of the Opposition.

Section 77: Disqualification for appointment

A person must not be appointed as a member of the Commission if:

1. he or she is, or has at any time during the immediately preceding 4 years been, a member of either House of the Parliament, of a local authority or of another representative body prescribed by the Parliament for the purposes of this section; or
2. he or she is a member of a state service.

Section 78: Electoral Commission

1. The Electoral Commission established under the Constitution of 1990 continues in existence.

2. The Electoral Commission has general responsibility for the registration of voters for elections of members of the House of Representatives and the conduct of those elections.

3. The Electoral Commission has such other functions as are conferred on it by a written law.

4. The Electoral Commission must make an annual report to the President concerning the operations of the Commission and must submit a copy to each House of the Parliament for laying before that House.

5. The Electoral Commission may at other times make such reports to the President and the Parliament as it thinks fit.

6. The Electoral Commission consists of:

1. a chairperson who is, or is qualified to be, a judge; and
2. 4 other members.

7. The chairperson is appointed by the President, acting in his or her own judgment.

8. The other members are appointed by the President on the advice of the Prime Minister following consultation by the Prime Minister with the Leader of the Opposition.

9. A person is not qualified for appointment as a member if he or she is:

1. a member of the House of Representatives;
2. a Senator;
3. the holder of a public office (other than an office of judge);
4. a member of a local authority;
5. a local government officer; or
6. a candidate for election to the House of Representatives or to a local authority.

Section 79 Supervisor of Elections

1. The office of Supervisor of Elections established under the Constitution of 1990 continues in existence.

2. The Supervisor of Elections:

1. administers the registration of voters for elections of members of the House of Representatives;
2. conducts:
   • elections of members of the House of Representatives; and
   • such other elections as the Parliament prescribes; and
3. may perform such other functions as are conferred by a written law.

3. The Supervisor of Elections has the right to attend meetings of the Electoral Commission and must comply with any directions that the Commission gives him or her concerning the performance of his or her functions.

4. The Supervisor of Elections is appointed by the Constitutional Offices Commission following consultation by it with the Minister.

5. The Supervisor of Elections must be a person who is qualified to practice as a barrister and solicitor in Fiji.

6. The minister must ensure that all Bills or proposed subordinate legislation relating to electoral matters are referred to the Supervisor of Elections and the Electoral Commission for comment before their introduction in the House of Representatives or their making, as the case may be.

Section 80: Speaker and Deputy Speaker

1. The members of the House of Representatives must, at their first meeting after a general election and whenever the office of Speaker is vacant, elect as Speaker a person who is not a member of the House but who is qualified to be a candidate for election to the House.

2. A person elected as Speaker must make the Oath of Allegiance before the Secretary-General to the Parliament.

3. The members of the House of Representatives must, at their first meeting after a general election and whenever the office of Deputy Speaker is vacant, elect a Deputy Speaker from among their number (excluding Ministers).

4. The Deputy Speaker must perform the duties of Speaker if the Speaker is absent from duty or from Fiji or is, for any other reason, unable to perform those duties.

5. If neither the Speaker nor the Deputy Speaker is able to perform the duties of Speaker, the members of the House of Representatives must elect one of their number to preside at meetings of the House.

6. The office of Speaker becomes vacant:

1. on the day immediately before the first meeting of the House of Representatives after a general election; or
2. if, before that day, the Speaker:
   • resigns by giving to the Secretary-General to the Parliament a signed resignation;
   • becomes the holder of another public office;
   • ceases to have a right to be registered as a voter in an election to the House of Representatives;
   • is absent from 2 consecutive meetings of the House;
   • has an interest in an agreement or contract referred to in paragraph 71 (1)(f);
   • is appointed as a member of the Senate; or
   • is removed from office by a resolution supported by not less than two-thirds of the members of the House of Representatives.

7. The office of Deputy Speaker becomes vacant if the Deputy Speaker:

1. resigns by giving to the Speaker a signed resignation;
2. vacates his or her place in the House of Representatives;
3. is appointed as a Minister; or
4. is removed from office by a resolution supported by not less than two- thirds of the members of the House of Representatives.

Section 81: President and Vice-President of the Senate

1. The members of the Senate must, at their first meeting after a general election for members of the House of Representatives and whenever the office of President of the Senate is vacant, elect from among their number (excluding Ministers) a President of the Senate.

2. A person-elected as President of the Senate must make the Oath of Allegiance before the Secretary-General to the Parliament.

3. The members of the Senate must, at their first meeting after a general election for members of the House of Representatives and whenever the office of Vice-President of the Senate is vacant, elect from among their number (excluding Ministers) a Vice-President of the Senate.

4. The Vice-President of the Senate must perform the duties of President of the Senate if the President of the Senate is absent from duty or from Fiji or is, for any other reason, unable to perform those duties.

5. If neither the President nor the Vice-President of the Senate is able to perform the duties of President of the Senate, the members of the Senate must elect one of their number to preside at meetings of the Senate.

6. The office of President of the Senate does not become vacant on the expiry of the term of the Senate but becomes vacant:

1. on the day immediately before the first meeting of the Senate after a general election for members of the House of Representatives; or
2. if, before that day, the President of the Senate:
   • resigns by giving to the Secretary-General to the Parliament a signed resignation;
   • with the consent of the President of the Senate, becomes the holder of another public office;
   • would, if he or she were a member of the House of Representatives, vacate his or her place by reason of the operation of paragraph 71 (1)(c) or (d);
   • is absent from 2 consecutive meetings of the Senate;
   • has an interest in an agreement or contract referred to in paragraph 71 (1)(f);
   • is nominated as a candidate for election to the House of Representatives;
   • is appointed as a Minister; or
   • is removed from office by a resolution supported by not less than two-thirds of the Senate.

7. The office of Vice-President of the Senate becomes vacant if the Vice-President:

1. resigns by giving to the President of the Senate a signed resignation;
2. vacates his or her place in the Senate;
3. is appointed as a Minister; or
4. is removed from office by a resolution supported by not less than two-thirds of the members of the Senate.

Section 82: Leader of the Opposition

1. The Leader of the Opposition is appointed by the President.

2. The President appoints as Leader of the Opposition the member of the House of Representatives whose appointment as Leader of the Opposition would, in the opinion of the President, be acceptable to the majority of the members in the House of the opposition party or parties.

3. If the President considers that the person who is Leader of the Opposition is no longer the person who, if the office of Leader of the Opposition were vacant, should be appointed to that office under subsection (2), the President may terminate his or her appointment and appoint another person in his or her place.

4. Subject to subsection (5), the office of Leader of the Opposition becomes vacant if he or she ceases to be a member of the House of Representatives.

5. Upon the expiry or dissolution of the House, the Leader of the Opposition continues in office until the next appointment of a Prime Minister.

6. If the President is unable to make an appointment under subsection (2) because:

1. an opposition party does not exist in the House of Representatives; or
2. the President is of the opinion that there does not exist in the House a person whom the Opposition party or parties would regard as acceptable to be appointed as Leader of the Opposition then, for so long as the appointment is unable to be made, the provisions of this Constitution providing for:
3. the President to act on the advice of the Leader of the Opposition;
4. the Leader of the Opposition to be consulted in relation to certain matters; or
5. the Leader of the Opposition to nominate a person for appointment to an office are of no effect and an appointment may be made or action may be taken without reference to the Leader Of the Opposition.

7. Nothing in this section affects the operation of section 64.

8. In the exercise of functions under this section the President acts in his or her own judgment.

Section 83: Parliamentary Emoluments Commission

1. This Section establishes a Parliamentary Emoluments Commission.

2. Its functions are to review from time to time, as determined by it, the salaries, allowances and benefits payable to:

1. the Prime Minister;
2. other Ministers (including Assistant Ministers);
3. the Leader of the position;
4. the Speaker of the House of Representatives;
5. the Deputy Speaker of the House of Representatives;
6. the President of the Senate;
7. the Vice-President of the Senate; and
8. members of the House of Representatives and the Senate.

3. The Parliamentary Emoluments Commission consists of:

1. a chairperson; and
2. 2 other members, one of whom must be a qualified and experienced actuary or accountant.

4. A person whose remuneration is reviewable by the Commission is not eligible to be appointed as a member of the Commission.

5. The members are appointed by the President on the recommendation of the sector standing committee of the House of Representatives that is responsible for matters relating to administrative services.

6. The sector standing committee must make its recommendation under subsection (5) after considering names of potential appointees that are placed before it by the Speaker of the House of Representatives.

7. For the purpose of conducting a review, the Commission may consider submissions made to it and other relevant material.

8. Upon the completion of a review, the Commission must furnish a determination in writing to the Speaker of the House of Representatives for tabling in that House.

9. The Speaker must cause the determination to be tabled in the House within 5 sitting days of receipt.

10. If, within 15 sitting days after the tabling of the determination, the House passes a resolution disapproving it, the determination does not come into operation.

11. Subject to subsection (10), remuneration and allowances to which a determination applies are payable in accordance with the determination out of the Consolidated Fund, which is appropriated accordingly.

12. The entitlement to remuneration and allowances of members of the Parliament starts on the date of their election or appointment and, subject to subsections (13) and (14), ends on the day on which they cease to be members of the Parliament.

13. The remuneration and allowances payable to a member of the House of Representatives who is a member of the House immediately before its dissolution or expiry are to be reckoned to and including the day next before the day of his or her reelection or, if he or she is not re-elected, the day next before the polling day in that general election.

14. The remuneration and allowances payable to a member of the Senate who is a member of the Senate immediately before the dissolution or expiry of the House of Representatives are to be reckoned to and including the day next before the day on which appointments are next made to the Senate under section 64.

15. The entitlement to remuneration and allowances of the Speaker of the House of Representatives and the President of the Senate starts on the day of their election to the office concerned and ends on the day on which they vacate office.

Section 84: Secretary-General to Parliament and staff

1. The offices of Secretary-General to the Parliament, Secretary to the House of Representatives and Secretary to the Senate established under the Constitution of 1990 continue in existence.

2. The Secretary-General to the Parliament is appointed by the Constitutional Offices Commission following consultation by it with the Speaker.

3. The Secretary to the House of Representatives and Secretary to the Senate are appointed by the Public Service Commission or by another body prescribed by the Parliament.

4. Nothing in this section prevents:

1. the appointment of one person to the offices of Secretary-General to the Parliament, Secretary to the House of Representatives and Secretary to the Senate; or
2. the appointment of one person to an office on the staff of Secretary to the House of Representatives and to an office on the staff of Secretary to the Senate.