Section I National Assembly
Article 66 [Title, Election, Term]
(1) The members of the National Assembly shall have the title of Deputies of Madagascar.
(2) They shall be elected by direct universal suffrage for four-year terms.
Article 67 [Parliamentary Incompatibilities, No Directed Votes]
(1) The office of deputy shall be incompatible with the exercise of any other public employment, except education, and with any other elective public office.
(2) A deputy who is appointed member of the Government shall automatically resign the office of deputy.
(3) All directed votes shall be null and void.
Article 68 [Law on Election]
The law shall establish the number of members of the National Assembly, the distribution of seats throughout the national territory, as well as electoral districts and voting procedures. The law shall also establish conditions of eligibility, regulation of ineligibility and dismissal, as well as conditions for the election of persons replacing deputies in case of vacancy, until the next Assembly election.
Article 69 [Indemnity, Immunity, Control]
(1) No deputy may be prosecuted, investigated, arrested, detained, or judged for opinions and votes cast by him in the exercise of his duties.
(2) For the duration of legislative sessions, no deputy may be prosecuted or arrested in a criminal or correctional matter, without the authorization of the bureau of the Assembly, except in case of flagrante delicto.
(3) Outside of legislative sessions, no deputy may be arrested without the authorization of the bureau of the Assembly, except in case of flagrante delicto, authorized prosecution, or final conviction.
(4) Anyone may bring to the attention of the National Assembly the acts or omissions of a deputy. The permanent bureau must furnish a prompt response.
Article 70 [President and Bureau of the Assembly]
The President of the National Assembly and members of the bureau shall he elected at the beginning of the first session for the duration of the legislature. However, they may be replaced when necessary by a vote of two-thirds of the deputies.
Article 71 [Sessions]
The National Assembly shall meet officially in two ordinary sessions per year. The length of each session may not be less than sixty days nor more than ninety days. The first session shall begin on the first Tuesday in May, and the second, devoted principally to the adoption of the budget, on the last Tuesday in September.
Article 72 [Extraordinary Sessions]
(1) The National Assembly shall meet in extraordinary session with an established agenda, upon the initiative of the President of the Republic and the order of the Council of Ministers, or called by the President of the Council of Ministers at the request of one-third of its members.
(2) The duration of the session may not exceed twelve days. However, closure may be declared as soon as the National Assembly has covered the agenda for which it has been convened.
Article 73 [Publicity]
(1) Sessions of the National Assembly shall be public. A record shall be kept and publicized under conditions provided for by law.
(2) The National Assembly may meet in closed session at the request of the Government or of onefourth of its members.
Article 74 [First Session]
The new National Assembly shall meet officially in a special session on the second Tuesday following the proclamation of election results, to constitute its bureau and to choose the new Prime Minister. The session shall end after the installation or the naming of the new Prime Minister.
Article 75 [Procedural Rules]
The procedural rules of the National Assembly shall be established as general principles by law, and in specific terms by internal regulation.
Section II Senate
Article 76 [Title, Term]
Members of the Senate shall have the title of Senator of Madagascar. Their term of office shall be four years.
Article 77 [Election, Appointment, Nomination, Incompatibility]
(1) Two-thirds of the Senate shall consist of an equal number of members elected in each electoral district by elected representatives of the territorial entities, and one-third shall consist of members representing economic, social, cultural, and religious groups appointed by the President of the Republic upon nomination by legally constituted organizations and groups.
(2) The office of Senator shall be incompatible with that of deputy.
Article 78 [Re-election]
One-half of the Senate, in both categories, shall be eligible for re-election every two years. Its procedural rules, compensation, and means of designating its members shall be established by law.
Article 79 [Competences]
The Senate shall examine public and private bills; it must be consulted by the Government on economic, social, and territorial questions.
Article 80 [Sessions]
(1) The Senate shall meet during sessions of the National Assembly.
(2) It may also meet in special session at the request of the Government. In that case, its agenda shall be limited by the Government.
(3) When the National Assembly is not in session, the Senate may only discuss questions upon which the Government has consulted it, to the exclusion of legislative bills.
Article 81 [Applicable Provisions]
The provisions of Articles 68, 69, 70, 71, 73, and 75 shall be applicable to the Senate.
Section III Legislative Function, Relations With Government
Article 82 [Legislation]
(1) Laws shall be voted by Parliament under conditions established by this section. Parliament shall consist of the National Assembly and the Senate.
(2) In addition to matters referred to the Parliament by other articles of the Constitution:
I) The law shall establish rules concerning:
- civil rights and fundamental guarantees granted to individuals and groups for the exercise of rights and liberties;
- nationality and citizenship;
- obligations imposed by national defense upon citizens and their property;
- organization of the family, the State, and the status of persons, the regulation of marriage, inheritance and gifts, and the drafting and codification of customs regarding citizenship;
- the creation of new jurisdictions, the organization of administrative and financial agencies and the rules of procedure applicable to them, civil and commercial rules of procedure, the status of magistrates, and the guarantees of their independence;
- the determination of crimes and misdemeanors, as well as the applicable penalties, criminal procedure, and amnesty;
- judicial regulation of property and the conditions under which property may be subject to expropriation or requisition for public use or transfer of property to the State;
- the creation of categories of public establishments;
- election procedures in the territorial entities, the jurisdiction and resources of these entities, and their relation to the State;
- property transfers from the public sector to the private sector; and
- regulation of currency.
II) The law shall establish the fundamental principles of the following:
- the organization of national defense and the use of the Armed Forces or police forces by civil authorities, the status of the armed forces, and their neutrality;
- the status of civil servants and public agents;
- the status of teachers and researchers in higher education;
- the status of the national police;
- the status of correctional officers;
- the judicial regulation of civil and commercial obligations;
- the juridical framework of relations between employers and employees, trade union rights, and the right to strike;
- professional training;
- the organization of professions; and
- protection of the environment.
III) The law shall determine the basis, rate, and methods of collection for assessments of all types. The budget shall establish the amount and nature of State resources and obligations for budgetary balance; this shall be discussed and voted upon under the conditions provided for in Article 88.
IV) The law shall determine the policies and goals of State action in economic, social and environmental areas.
V) War may only be declared by Parliament.
VI) A state of national emergency may be declared by the President of the Republic in accordance with Article 59; extension beyond two weeks may only be authorized by Parliament.
VII) The law shall establish limitations to individual and public liberties during emergencies.
VIII) Ratification or approval of alliances or commercial treaties, treaties or agreements regarding international organization which commit State finances, which deal with the status of persons, peace treaties, treaties which involve the ceding exchange or acquisition of territory must be authorized by law.
Prior to any ratification, treaties shall be submitted by the President of the Republic to the Constitutional Court. In case of non-conformity with the Constitution, ratification may take place only after Constitutional revision.
Article 83 [Regulations]
(1) Matters not within the jurisdiction of the law shall be regulatory matters. Regulations may be modified by decree with the consent of the Constitutional Court.
(2) Regulations which take effect after the adoption of this Constitution may be modified by decree only after the Constitutional Court declares that they are regulatory in nature by virtue of the preceding paragraph.
Article 84 [Initiative, Statement of Government, Acceptability]
(1) The power to introduce legislation shall be vested concurrently in the President of the Republic and the deputies.
(2) Government bills and amendments formulated by deputies shall be made known to the Government, which shall respond within a period of thirty days.
(3) At the expiration of this period, Parliament shall proceed to examine the bills or amendments for adoption.
(4) Bills or amendments shall not be acceptable if their adoption would entail reduction in public assets or the increasing of State debts except in regard to appropriation bills.
(5) In the course of the legislative procedure, if a bill or amendment does not appear to be a legal matter, the Government shall declare it unacceptable. In case of disagreement behveen the Government and the National Assembly or the Senate, the Constitutional Court, at the request of either assembly, shall rule within one week
Article 85 [Priority of Governmental Bills]
The agenda of the assemblies shall give priority, in the order that the Government has established, to the discussion of bills and amendments presented by the Prime Minister.
Article 86 [Examination, Disagreement, Joint Commission]
(1) Each Government or private bill shall be examined first by the Assembly to which it has been presented and then shall be sent to the other Assembly.
(2) Discussion shall take place successively in each Assembly until a single text is adopted.
(3) When, following a disagreement between the two Assemblies, a Government or private bill has not been adopted after two readings in each Assembly, or if, after one reading by each of the Assemblies, the Government has declared an emergency, the Prime Minister has the option to create a joint commission responsible for creating a text on the provisions under discussion. The text 15 prepared by the joint commission may be submitted by the Government for the approval of the two Assemblies. No amendment will be acceptable without the agreement of the Government.
(4) If the commission does not succeed in adopting a joint text, or if the text is not adopted under conditions provided for in the preceding article, the Government may ask the National Assembly for a final ruling.
Article 87 [Required Vote]
The Government, responsible under the conditions provided for in Article 91, may require that each of the Assemblies vote on all or part of the provisions under discussion:
- in extraordinary session, provided these texts have been presented within forty-eight hours of the opening of the session;
- in the last eight days of each of the ordinary sessions.
Article 88 [Appropriations Bill]
(1) Parliament shall examine the appropriations bill during its second ordinary session.
(2) Under the authority of the Prime Minister, as Head of the Government, the Minister responsible for the budget shall prepare the appropriations bill, which shall be enacted in the Council of Government. Parliament shall have a period of at least sixty days to examine it.
(3) The National Assembly shall have a period of thirty days from the presentation of the bill for the first reading. In the absence of a decision within this period, the bill shall be considered adopted and sent to the Senate.
(4) Under the same conditions, the Senate shall have a period of two weeks for the first reading and each Assembly shall have five days for each of the following readings.
(5) In the absence of a decision by an Assembly in a given period, the bill before it shall be considered adopted.
(6) If the Parliament has not adopted the appropriations bill before the end of the second session, the provisions of the bill may be put into effect by ordinance, including one or more of the amendments adopted by the two Assemblies.
(7) Any amendment to the appropriations bill which entails an increase in spending or a decrease in public resources must be accompanied by a bill to increase revenue or an equivalent savings.
(8) Conditions for the adoption of an appropriations bill shall be provided by law.
(9) If the appropriations bill for a fiscal year has not been presented in time to be promulgated before the beginning of that fiscal year, the Government shall ask Parliament for authorization to collect taxes and create credits by decree for services which have been voted.
Article 89 [Presidential Messages]
The President of the Republic shall communicate with the Parliament by messages which shall not give rise to debate.
Article 90 [Designation of Prime Minister, General Program]
(1) At the beginning of each legislature, or in case of resignation of the Government or vacancy in the office of Prime Minister for any other reason, the National Assembly, by a majority of its memhers, shall designate a Prime Minister from among its members or elsewhere within a period of seven days from the opening of the special session or from the date of the vacancy.
(2) Within two weeks of his election, the Prime Minister shall present his general program of action to the National Assembly.
(3) Election shall be by secret ballot by a majority of the members of the National Assembly. This vote is personal and shall not be delegated. The President shall appoint the Prime Minister elected by the National Assembly. If the appointment does not take place within ten days, the election by the National Assembly shall take effect immediately.
(4) In the event of rejection, the designated Prime Minister shall have a maximum of seven days to present a new program which shall be adopted under the preceding conditions.
(5) In the event of another rejection, or in case the National Assembly has not elected a Prime Minister for whatever reason within thirty days from the opening of the special session or the vacancy in the office of Prime Minister, the President of the Republic shall appoint a new Prime Minister. In this case, no motion of censure may be voted upon before the presentation of the annual report provided for in Article 92.
Article 91 [General Program of Action, Vote of Confidence]
(1) The general program of action, once adopted, may not be reopened by the National Assembly.
(2) However, in the course of implementation, if the Government deems necessary fundamental modifications of the program, the Prime Minister shall submit these modifications to the National Assembly.
(3) After deliberation by the Government, the Prime Minister may commit his Government by requesting a vote of confidence.
(4) This vote shall not take place earlier than forty-eight hours after presentation of the question of confidence. If two-thirds of the members of the National Assembly so vote, the Government shall present its resignation to the President of the Republic.
(5) A new Prime Minister shall be chosen by the National Assembly to form a new Government under the conditions provided for in Article 90.
Article 92 [Annual Report of Government]
In the first ordinary session, the Government shall present to the National Assembly an annual report on the implementation of its program.
Article 93 [Interpellations]
(1) The National Assembly shall be informed of governmental action by means of oral questions, written questions, summonses, and commissions of inquiry.
(2) During ordinary sessions, one meeting a month shall be reserved for questions put to the Government by members of Parliament and for the Government's responses.
Article 94 [Motion of Censure]
(1) The National Assembly may raise the issue of Governmental responsibility by a Motion of Censure.
(2) Such a motion is only admissible if it is signed by at least one-fifth of the members of the National Assembly. A vote shall not take place earlier than forty-eight hours after presentation of the motion.
(3) The motion shall be adopted if it is voted by a majority of the memhers of the National Assembly.
(4) If the motion is adopted, the Government shall present its resignation to the President of the Republic. The President shall proceed with the selection of a new Prime Minister under conditions provided for in Article 90.
Article 95 [Ministerial Crises, Dissolution of Parliament]
(1) Within a period of eighteen months, if two ministerial crises occur following a vote of no confidence or censure, the Council of Ministers may rule on the dissolution of the National Assembly.
(2) Dissolution shall be pronounced, in accordance with this decision, by the President of the Republic.
Article 96 [Delegation of Powers to President, Enabling Law]
(1) Parliament, by majority vote in each Assembly, may delegate its legislative power to the President of the Republic, acting in the Council of Ministers, for a limited period and for a specific purpose .
(2) Delegation of power shall authorize the President of the Republic to take, by ordinance in the Council of Ministers, general measures of law. They shall take effect upon publication but shall elapse if a ratification bill is not presented to the National Assembly before the date set by the enabling law.