Section I President of the RepublicArticle 44 [Presidential Office]
The President of the Republic shall be the Head of State. As "Ray aman-dreny" he shall assure respect for the Constitution. He is responsible for the regular functioning of public powers; he shall be responsible for national independence and territorial integrity and shall assure protection of, and respect for, national sovereignty within national territory and abroad; he shall be the symbol of national unity. Article 45 [Election, Term, Re-election]
The President of the Repllblic shall be elected by universal direct suffrage for a five-year term. He may be re-elected for one additional term. Article 46 [Eligibility, Resignation, Candidacy]
(1) All candidates for the office of President of the Republic must possess all civil and political rights and must be at least 40 years old at the time the candidacy is declared.
(2) To become a candidate, the President then in office must resign one day before the beginning of the electoral campaign.
(3) Other conditions for candidacy shall he established by law. Article 47 [Second Ballot]
(1) The election for President of the Republic shall take place, upon convocation of the Government, no less than thirty days and no more than sixty days before the expiration of the term of the President of the Republic then in office.
(2) The election shall be by a majority of the votes on the first ballot. If this is not obtained, the President of the Republic shall be elected on the second ballot by plurality of one of the two candidates having received the greatest number of votes on the first ballot. Article 48 [Oath]
Before assuming office, the President of the Republic shall swear the following oath before the Nation and in the presence of the National Assembly, the Senate, and the Constitutional Court, specially convened: Article 49 [Incompatibilities]
The office of President of the Republic shall be incompatible with any other elective public office any other professional activity, and any activity within a political party or group of political parties. Article 50 [Permanent Incapacity]
The permanent incapacity of the President of the Republic may be declared by the Constitutional Court following a resolution adopted by not less than two-thirds of the deputies in the National Assembly; for violation of the Constitution; and for any other cause duly stated and proved resulting in his permanent incapacity to exercise his duties. Article 51 [Temporary Incapacity]
(1) The temporary incapacity of the President of the Republic may be declared by the Constitutional Court following a resolution adopted by at least a two-thirds majority of the deputies in the National Assembly.
(2) Removal of temporary incapacity shall be decided by the Constitutional Court. Temporary incapacity may not exceed a period of three months, after which permanent incapacity must be declared by the Constitutional Court. Article 52 [Replacement]
(1) In case of vacancy, permanent incapacity or temporary incapacity, the duties of the President of the Republic shall be temporarily exercised by the President of the Senate.
(2) In case of vacancy or perrnanent incapacity, the election of the new President shall take place within the period provided for in Article 47. Article 53 [Appointment of Prime Minister and Ministers]
(1) The President of the Republic shall appoint the Prime Minister under the conditions established in Article 90.
(2) Following the appointment of the Prime Minister, he shall appoint the other members of the Government, and may terminate their duties.Article 54 [President and Government]
(1) The President shall preside over the Council of Ministers.
(2) He shall sign ordinances of the Council of Ministers in the cases and conditions provided for by this Constitution
(3) He shall sign the decrees debated in the Council of Ministers. Article 55 [Head of Military]
(1) The President shall be the Supreme Head of the Armed Forces; he shall preside over the Superior Council of National Defense whose organization and duties shall be established by law. He shall declare defense policy in the Superior Council of National Defense, within general State policy.
(2) He shall decide upon the commitment of armed forces and resources in foreign interventions, after consulting the Superior Council of National Defense, the Council of Ministers, and the Parliament.
(3) He shall appoint military officials to represent the Malagasy State in international agencies. Article 56 [Competences]
(1) The President of the Republic shall accredit and recall ambassadors and envoys extraordinary of the Republic of Madagascar to foreign States and international organizations.
(2) He shall receive credentials and requests for recall from States and international organizations recognized by the Republic of Madagascar.
(3) He shall negotiate and ratify treaties. He shall be informed of all negotiations leading to the conclusion of an international agreement which is not submitted for ratification.
(4) He shall make appointments through the Council of Ministers to high offices of the State; he may delegate this power to the Prime Minister.
(5) He may refer matters directly, if needed, to administrative agencies.
(6) He shall have the right of pardon.
(7) He shall confer the decorations of the Republic of Madagascar.Article 57 [Promulgation of Laws, Request for Reconsideration]
(1) The President of the Republic shall promulgate laws within two weeks following transmittal to him of laws adopted by the National Assembly. This period may be reduced to five days in an emergency declared by the National Assembly.
(2) He may, before the expiration of this period, ask the National Assembly to reconsider the law or certain articles of the law.
(3) In the absence of promulgation within the period provided, the President of the Senate may substitute for the President of the Republic.Article 58 [Dissolution of Parliament]
The President of the Republic may dissolve the National Assembly at the request of the Council of Ministers under the terms of Article 95.Article 59 [State of Emergency, Martial Law]
(1) The President of the Republic, meeting with the Council of Ministers, with the agreement of the Presidents of the National Assembly, the Senate, and the Constitutional Court, may proclaim a state of emergency or martial law for the defense of the Republic, for public order, or for State security, as circumstances require.
(2) The proclamation of a state of emergency shall confer special powers on the President of the Republic; their extent and duration shall be specified by law. Article 60 [Countersignature]
Acts of the President of the Republic shall be countersigned by the Prime Minister and the Ministers responsible for executing them. Section II GovernmentArticle 61 [Tasks, Head of Government, Nomination]
(1) The Government shall consist of the Prime Minister and other Ministers.
(2) The Government shall determine and carry out State policy.
(3) The Government shall have at its disposal the administration and the armed force.
(4) The Government shall be responsible to the National Assembly under conditions provided for in Title V.
(5) The Prime Minister shall be the Head of the Government. He shall he appointed by the President of the Republic under conditions established by Article 90.
(6) Other members of the Government shall be appointed by the President of the Republic following nomination by the Prime Minister. Article 62 [Ministerial Incompatibilities]
The duties of a member of the Government shall be incompatible with the exercise of any other elective public office, professional representation, public employment, or any other paid professional activity. Article 63 [Prime Minister's Competences]
(1) The Prime Minister shall direct the activity of the Government and shall be responsible for coordinating the activities of the Ministries.
(2) He may initiate laws.
(3) He shall assure the execution of laws.
(4) He shall assure the execution of judicial decisions.
(5) He shall have at his disposal administrative agencies and shall assure the proper functioning of public services and the proper management of public finance.
(6) He shall assure puhlic security and maintain order, while respecting fundamental liberties and human rights: for this purpose, he shall have at his disposal all police, security, and defense agencies.
(7) He shall preside over the Interministry Committee of Defense, which is responsible for establishing defense policy; he shall have at his disposal the Secretariat of defense. The organization and duties of these agencies shall be determined by law.
(8) He shall be the Head of the Administration; he shall appoint civil and military officials as well as other State officials.
(9) He shall preside over the Council of Government.
(10) He shall assure development
(11) He may delegate certain powers to Government members with the option to subdelegate.Article 64 [Council of Government Competences]
In the Council of Government, the Prime Minister may:
Article 65 [Countersignature]
- determine State policy and execute it;
- propose bills to be submitted to Parliament;
- exercise regulatory power;
- create plans for economic and social development as well as land development;
- negotiate and sign international agreements which are not submitted to ratification; and
- exercise other duties for which Government consultation is required under this Constitution and
- individual laws.
Actions of the Prime Minister shall be countersigned, when approprite, by the Ministers responsible for executing them.