The Constitution of The Commonwealth of The Bahamas - Government

Government

The Constitution of The Commonwealth of The Bahamas

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An Official copy of The Bahamas Independence Order 1973 (The Constitution of The Commonwealth of The Bahamas) can be obtained from Government Publications.

SCHEDULE TO THE ORDER

THE CONSTITUTION OF THE
COMMONWEALTH OF THE BAHAMAS

ARRANGEMENT OF ARTICLES

Article

Citation Commencement and Construction of the Constitution of the Commonwealth of The Bahamas

Chapter I - The Constitution

1.
2.

The State.
The Constitution is supreme law.

Chapter II - Citizenship

3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.

Persons who become citizens on 10th July 1973.
Persons who become citizens on 9th July 1974.
Persons entitled to be registered as citizens.
Persons born in The Bahamas after 9th July 1973.
Persons born in The Bahamas after 9th July 1973 of non-citizen parents.
Persons born outside The Bahamas after 9th July 1973.
Further provisions for persons born outside The Bahamas after 9th July 1973.
Marriage to citizens of The Bahamas.
Deprivation of citizenship.
Renunciation of citizenship.
Power of Parliament.
Interpretation.

Chapter III – Protection of Fundamental Rights and Freedom of the Individual

15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.

Fundamental Rights and Freedoms of the Individual.
Protection of Right to Life.
Protection from inhumane treatment.
Protection from slavery and forced labour.
Protection from Arbitrary arrest and detention.
Provisions to secure protection of law.
Protection for privacy of home and other property.
Protection of Freedom of Conscience.
Protection of Freedom of Expression.
Protection of freedom of assembly and association.
Protection of freedom of movement.
Protection from discrimination on grounds of race, etc.
Protection from deprivation of property.
Enforcement of fundamental rights.
Provisions for time of war or emergency.
Saving of existing law.
Interpretation.

Chapter IV - The Governor-General

32.
33.
34.
35.
36.
37.

Establishment Of Office Of Governor-General.
Acting Governor-General.
Deputy Governor-General.
Personal Staff Of Governor-General.
Public Seal.
Oaths To Be Taken By Governor-General.

Chapter V - Parliament

38.

Part 1 - Composition of Parliament

Establishment of Parliament.

39.
40.
41.
42.
43.
44.
45.

Part 2 - The Senate

Composition of Senate.
Purpose of appointment of certain Senators.
Qualifications for appointment as Senator.
Disqualifications for appointment as Senator.
Tenure of office of Senators.
President and Vice-President.
Determination of questions as to membership.

46.
47.
48.
49.
50.
51.

Part 3 - House of Assembly

Composition of House of Assembly.
Qualifications for membership of House of Assembly.
Disqualifications for election as members of House of Assembly.
Tenure of office of members of House of Assembly.
Speaker and Deputy Speaker.
Determination of questions as to membership.

52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.

Part 4 - Powers and Procedure of Parliament

Power to make laws.
Privileges of Parliament.
Alteration of this Constitution.
Regulation of procedure in Parliament.
Presiding in the Senate and House of Assembly.
Quorum.
Voting.
Introduction of Bills, etc.
Restriction on powers of Senate as to Money Bills.
Restriction on powers of Senate as to Bills other than Money Bills.
Provisions relating to Articles 59, 60 and 61.
Assent to Bills.
Oath of allegiance.

65.
66.
67.

Part 5 - Summoning, Prorogation and Dissolution
Sessions of Parliament.
Prorogation and dissolution of Parliament.
General elections, bye-elections and appointment of Senators.

68.
69.
70.

Part 6 - Delimitation of Constituencies
Constituencies.
Constituencies Commission.
Procedure for review of constituencies.

Chapter VI - The Executive

71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.

Executive Authority.
The Cabinet.
Appointment of Ministers.
Tenure of Office of Ministers.
Performance of Functions of Prime Minister During Absence, Illness or Suspension.
Temporary Ministers.
Allocation of Portfolios to Ministers.
Functions of Attorney-General.
Exercise of Governor-General's Powers.
Governor-General to be Informed Concerning Matters of Government.
Parliamentary Secretaries.
Leader of the Opposition.
Certain Vacancies in Office of Leader of the Opposition.
Oaths to be taken by Ministers, etc.
Leave of Absence for Ministers, etc.
Summoning of and Presiding in Cabinet.
Quorum.
Permanent Secretaries.
Constitution of Offices, etc.
Powers of Pardon, etc.
Advisory Committee on Prerogative of Mercy.
Functions of Advisory Committee.

Chapter VII - The Judicature

93.
94.
95.
96.
97.

Part 1 - The Supreme Court

Establishment of Supreme Court.
Appointment of Justices of Supreme Court.
Acting Justices.
Tenure of Office of Justices of Supreme Court.
Oaths to be taken by Justices of Supreme Court.

98.
99.
100.
101.
102.
103.

Part 2 - Court of Appeal

Establishment of Court of Appeal.
Justices of the Court of Appeal.
Other arrangements for appeal.
Acting Justices of Court of Appeal.
Tenure of office of Justice of Appeal.
Oaths to be taken by Justices of Appeal.

104.
105.
106.

Part 3 - Appeals to Court of Appeal and Her Majesty in Council

Appeals relating to fundamental rights and Freedoms.
Appeals to Her Majesty in Council in other cases.
Interpretation of "Court of Appeal".

Chapter VIII - The Public Service

107.

Part 1 - The Public Service Commission

Establishment and composition of Public Service Commission.

108.
109.
110.
111.
112.
113.

Part 2 - Appointments etc, of Public Officers

Appointments, etc. of public officers.
Appointments of Permanent Secretaries and certain other public officers.
Delegation of Governor-General's powers.
Appointments, etc. of principal representatives of The Bahamas aboard.
Appointments on transfer in respect of certain offices.
Appointment of Secretary to The Cabinet.

114.
115.

Part 3 - The Public Service Board of Appeal

Public Service Board of Appeal.
Appeals in discipline cases.

116.
117.

Part 4 - The Judicial and legal Service Commission

Establishment and composition of the Judicial and Legal Service Commission.
Appointments, etc. of judicial and legal officers.

118.
119.
120.
121.

Part 5 - The Police Service Commission

Establishment and composition of the Police Service Commission.
Appointments of Commissioner of Police and other officers of the Police Force.
Removal of the Commissioner and Deputy Commissioner of Police.
Removal and discipline of members of the Force.

122.
123.
124.

Part 6 – Pensions

Protection of pension rights.
Grant and withholding of pensions, etc.
Appeals in respect of certain decisions affecting pensions benefits.

125.
126.
127.

Part 7 – Miscellaneous

Procedure of Commissions.
Removal from officer of certain persons.
Public Service.

Chapter IX - Finance

128.
129.
130.
131.
132.
133.
134.
135.
136.

Consolidated Fund.
Estimates.
Authority for public expenditure.
Withdrawal of money from the Consolidated Fund.
Withdrawal of money in advance of appropriation act.
Contingencies Fund.
Public Debt.
Remuneration of Governor-General and certain other officers.
Establishment of office and functions of Auditor-General.

Chapter X - Interpretation

137.

Interpretation.

Notices

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