3. If it is not possible to hold elections in any constituency or specialized electoral college due to serious reasons of national security, the President of the Republic may appoint a person to occupy the seat of the member of that constituency or special electoral college until elections can be held.
Conditions of Membership
1. To be eligible for a seat in the National Assembly an individual must be:
2. No one shall be eligible for nomination to the membership of the National Assembly if he is a member of a State Assembly, a State Governor, or a member of a State Council of Ministers.
Loss of Membership
1. Membership in the National Assembly may be withdrawn by a decision of the National Assembly for any of the following reasons:
2. When a member's seat is declared vacant another member shall be elected, depending upon the nature of the seat, within a period of sixty days.
The seat of the National Assembly shall be in Omdurman, but the Speaker of the National Assembly may convene the national Assembly at any other location by exception.
Oath of Members of the National Assembly
Every Member of the National Assembly shall take the following oath before the National Assembly before performing his duties as a Member of the National Assembly: "In the name of Allah (God) the Almighty, I swear to accept the burden of representing the people as a Member of the National Assembly in obedience to Allah; performing my duties diligently, honestly, truthfully and regularly attending the sessions and deliberations of the National Assembly without any personal prejudices or fanatical whims, fulfilling the duties required of members, defending the country's safety and security and the public interest, and respecting the Constitution, law and traditional morals (maruf). Allah is the witness of what I say."
The National Assembly's session shall last for a term of four years from the start of its first session.
Powers of the National Assembly
1. The National Assembly shall represent the popular will in legislation, planning, supervision of the executive, and social and national mobilization, in a serious and honesty manner, and without violating the above, perform the following tasks:
2. The National Assembly may in the supervision of the executive present a recommendation to the President of the Republic for the removal of any Minister who has lost to confidence of the National Assembly, if this decision has been taken after a general debate and the resolution receives the approval of fifty percent of members present and voting.Article 74Immunity of Members of the National Assembly
It is prohibited to institute criminal proceedings against any member of the National Assembly, unless they are arrested in the process of committing a criminal act, to arrest him, or to begin and action against him or his property, without the permission of the Speaker of the National Assembly.Article 75Sessions
1. The National Assembly shall hold its first session within thirty days of the elections and in response to a request by the President. The oldest member present at the opening session shall be the chairperson of the session.
2. The National Assembly fixes the beginning and end of each of its sessions.
3. The National Assembly may convene an extraordinary session by its own resolution or pursuant to a request of half its members or pursuant to an order of the President of the Republic.Article 76Leadership of the National Assembly
1. The National Assembly in its first session shall elect a Speaker from among its members at its first sitting.
2. The Speaker of the National Assembly presides over the sessions ensuring order, supervises its administrative affairs and represents it in Sudan and abroad.
3. The Assembly shall its elect leaders, in addition to the Speaker, including the Deputy Speaker and the chairpersons of deliberations and Committees.
4. The Speaker of the National Assembly shall appoint a General-Secretary who is not a member of the National Assembly. The Secretary-General shall undertake the preparatory and administrative affairs of the National Assembly, under the supervision of the Speaker.Article 77National Assembly Committees
The National Assembly shall form from among its members and in accordance with its Rules and Regulations permanent or ad hoc committees for the performance of its functions.Article 78Regulations
The National Assembly, upon the initiative of the Speaker, shall issue regulations organizing its work.Article 79Quorum, Deliberations and General Affairs
A quorum in the National Assembly is one-third of the members, unless the National Assembly is considering a legislative proposal in last reading or unless the Speaker decides that the subject stipulated in the agenda is so important that the quorum should be half of the members.Article 80Public Sessions
The session of the National Assembly shall be public and its deliberations and works published, except when the Assembly decides it is necessary to act otherwise.Article 81Decisions
The National Assembly shall strive to adopt all resolutions by consensus and where consensus is not possible, resolutions shall be adopted by a majority of those present, unless the Constitution provides otherwise.Article 82Freedom of Expression in the National Assembly
Members of the National Assembly shall express their views freely taking into account the rules and regulations of the National Assembly. Members of the National Assembly are immune from prosecution for any actions or statements made in the National Assembly.Article 83Address by the President of the Republic
# The President of the Republic may address the National Assembly in person or through an intermediary or may seek the view of the National Assembly on any subject. The National Assembly shall give priority to such request over all other matters.
# A Minister may request the opportunity to address the National Assembly and the Assembly should grant this request as soon as possible.Article 84Questions and Statements
1. Any member may address a question to any Federal Minister on any subject connected to the duties of the National Assembly and the Minister must reply to this question in accordance with the rules and regulations of the National Assembly.
2. The National Assembly or any of its Committees may ask any Federal Minister to give a statement on any subject concerning the duties of the Assembly, and the Minister shall give this statement in accordance with the Rules and Regulations.Article 85Questioning a Minister
The National Assembly, in accordance with it regulations, may question any Minister on any subject concerning the affairs of his Ministry. An opinion shall be taken concerning the results of the questioning at the next session, if a motion of "no confidence" is moved against the Minister. If the motion is adopted this result shall be communicated to the President of the Republic.Article 86 Powers to Summons Persons before the National Assembly and Powers of Investigation
The National Assembly or any of its Committees may call any public official or any person to address the National Assembly or a Committee or to give testimony or advice. The National Assembly may investigate any matter within the direct authority of the Federal government after notifying the President of the Republic.Article 87Proposal of Legislation
1. The President of the Republic, the Council of Ministers, any Minister, any Committee of the National Assembly or any Member of the National Assembly, may initiate a proposal for legislation in the National Assembly.
2. In the proposal is made by a member of the National Assembly it shall not be brought before the National Assembly until it has been referred to the relevant Committee to determine whether concerns an important public interest.Article 88Procedures for the Introduction and Consideration of Legislative Proposals
1. A proposal for legislation shall be presented to the National Assembly in first reading by its name and it becomes a matter of the National Assembly. It is then presented for a second reading for discussion of its objectives and content, and to be approved in principle. If approved in principle, it shall be presented for a third reading and deliberated upon in detail and with consideration of any proposed amendments. And finally, the proposal shall be presented for a final reading and each article shall be voted on separately and a vote shall be taken on the whole proposal.
2. The Speaker of the National Assembly, after the initial presentation of the proposal, shall refer it to a specialized committee to make a general report on the proposal and this report shall be presented during the second reading of the proposal. Before the third reading, a report shall be presented detailing the amendments passed and rejected by the Committee for deliberation in detail and approval of amendments. The Speaker of the National Assembly by refer the bill to the concerned Committee to submit a report before the final reading for the purpose of facilitating consideration of each section of the proposal and the proposal as a whole.
3. The Speaker of the National Assembly or any concerned Committee may submit a legislative proposal to any specialized body outside the National Assembly, including any interested party, to review and report on the legality and wisdom of the legislation.
4. The National Assembly may, by special procedural resolution, decide upon special procedures, or without referring a proposal to a special committee, decide upon any proposal for legislation presented to it.Article 89Entry into Force of Legislation
1. No legislation enters into force unless it has been approved by the National Assembly and signed by the President of the Republic or a month has passed since the law was forwarded to the President and it has not been signed or returned to the National Assembly.
2. If the National Assembly approves a law that is not acceptable to the President of the Republic, the President may decide to return the law to the National Assembly with his revisions. The National Assembly may amend the law in accordance with the President's revisions and again present the law to the President for his signature or the National Assembly may fail to take further action on the proposal.
3. The National Assembly may approve a law that has been returned to it, without amending it as requested by the President, by a two-thirds majority.Article 90Provisional Decrees
1. The President of the Republic, with or without the recommendation of the Council of Ministers, may issue temporary decrees having the force of law when that the National Assembly is not in session or in cases of emergency. A decree so issued shall be presented to the National Assembly as soon as it reconvenes. If approved by the National Assembly it becomes a permanent law. If rejected by the National Assembly it is void without any prejudice to its past effects. If approved by the National Assembly with amendments, the amendments will be effective according to article 107(1). The rejection or amendment of a decree is without prejudice to its past effects.
2. The President of the Republic cannot issue a temporary decree in matters effecting fundamental rights and liberties, state-federal relations, public elections, criminal laws or fiscal laws.
3. Any law cancelled or amended by a temporary decree that is not approved by the National Assembly will resume full effect from the date on which the temporary decree becomes void.
4. The National Assembly may delegate the power of approval of international treaties to the President. This power shall be exercised by a temporary decree having the force of law and it is not necessary that it be [immediately] approved by the National Assembly, but it must be placed before the National Assembly as soon as it resumes its sessions.Article 91Public Budget
1. The Council of Ministers shall present a draft budget to the National Assembly before the beginning of the financial year. The draft budget shall contain a general evaluation of the state of the economy; detailed estimates concerning the projected revenues and expenditures for the new financial year with comparisons to the previous financial year; statements of how the budget shall be balanced; the amounts of any reserve, transfers or allocations; special statements of explanation, financial or political information; and descriptions of measures the State will take in financial and economic matters.
2. The Council of Ministers shall present to the National Assembly a legislative proposal containing the total amount of expenditures, taxation, fees or other state revenue in an legislative proposal for an appropriation law; and shall present legislative proposals for borrowing or investment by the State and the issue of federal bonds.
3. The National Assembly shall approve the legislative proposal containing the Public Budget by each chapter and schedule, and vote on the proposal as a whole. Once the Public Budget has become law it is unlawful to exceed the expenditures therein, except pursuant to another law, and it is unlawful for the State to utilize excess revenues through expenditures or to use the reserves that have been established by law, except pursuant to another law.Article 92Limitation on Private Members Proposals Concerning the Budget
No member of the National Assembly is permitted to present by personal initiative any legislative proposal that amends fixed rates of taxation, fees, public revenue, allocations, financial obligations or public funds, outside the deliberations on the federal budget unless the proposed legislation is restricted to fees on services, fees on financial transactions, fines or fiscal penalties.Article 93Additional and Provisional Financial Measures
1. Notwithstanding article 90(2), the President of the Republic acting upon a resolution of the Council of Ministers and if the public interest demands, may issue a provisional decree having the effect of law and imposing a tax, fee or amendment to the budget until a proposal for legislation can be presented to the National Assembly. If the legislative proposal is adopted or rejected, this provisional decree shall lapse without retroactive effect.
2. If the legislative proposal containing the federal budget is delayed for any reasons the previous year's budget shall remain in effect with expenditures remaining fixed at the rate of the previous year as if the previous year's budget had been enacted by law in the current financial year and it remains in effect until a new budget is approved by law.
3. In extraordinary circumstances or in circumstances when the public interest demands, the Council of Ministers may present an additional budget proposal, request additional credit or use reserve funds. Such legislative proposals shall be in accordance with the rules and regulations for the federal budget and with existing law.Article 94Final Accounts
The Council of Ministers shall present to the National Assembly, within six months of the end of the financial year, a full and final account for that year stating the revenues, expenditures, and amount drawn on reserves. The Auditor General shall present his report on the accounting to the National Assembly.Article 95Delegation of Powers of Subsidiary Legislation
The National Assembly may delegate the authority to issue any rules, regulations, orders or other subsidiary measures having the effect of law to the President, the Council of Ministers or any other public authority. Such legislation shall be presented to the National Assembly and subject to its approval or amendment by resolution of the National Assembly taken in accordance with its rules regulations.Article 96Authority of Acts of the National Assembly
No court or other authority shall interfere with the functioning of the National Assembly or pass judgment on any law or resolution passed by the National Assembly. Questions of procedural shall be decided by a certificate of the National Assembly signed by the Speaker of the National Assembly.
Chapter Three State LegislaturesArticle 97State Assembly
A State Assembly shall be established in every state with the legislative authority of that state and any other powers as provided by the Constitution.Article 98Powers of State Assemblies
1. Each State Council shall have the same powers as the National Assembly taking into account that the character of State Assembly as an organ of a states, that the State Governor shall replace the President, and that the Federal Ministers shall replace State Ministers in respect of their authority: