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Constitution of the Republic of Trinidad and Tobago

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THE CONSTITUTION
OF
THE REPUBLIC
OF
TRINIDAD AND TOBAGO

(Act 4 of 1976)

Amendments made to date

15 of 1978
16 of 1978
30 of 1979
8 of 1981
13 of 1982
17 of 1983 (Repealed by 21 of 1987)
21 of 1987
2 of 1988
8 of 1988
30 of 1994 ( Repealed by 10 of 1995)
10 of 1995
17 of 1995
39 of 1996
29 of 1999
43 of 2000
81 of 2000
82 of 2000
89 of 2000

PREPARED BY THE PARLIAMENT DEPARTMENT. © 2003

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Note
on
Revision Date
The Constitution is revised up to 20
th August 2003.

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THE CONSTITUTION OF THE
REPUBLIC OF TRINIDAD AND TOBAGO

ARRANGEMENT OF SECTIONS

SECTION
PRELIMINARY

1. The State.
2. The Supreme Law.
3. Interpretation.

CHAPTER I

THE RECOGNITION AND PROTECTION OF
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

PART I

Rights Enshrined

4. Recognition and declaration of rights and freedoms.
5. Protection of rights and freedoms.

PART 11

Exceptions for Existing Law

6. Savings for existing law.

PART III

Exceptions for Emergencies

7. Emergency powers.
8. Period of public emergency.
9. Grounds for, and initial duration of, Proclamation.
10. Extension of Proclamation.
11. Detention of persons.
12. Publication.
PART IV

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Exceptions for Certain Legislation

SECTION

13. Acts inconsistent with sections 4 and 5.

PART V
General

14. Enforcement of the protective provisions.

CHAPTER 2

CITIZENSHIP

15. Continuation of citizenship of citizens under section 9 of former Constitution.
16. Continuation of citizenship of citizens by registration, naturalisation, etc.
17. Acquisition of citizenship by birth or descent. Continuation of citizenship.
Retrospective citizenship.
18. Commonwealth citizens.
19. Criminal liability of Commonwealth citizens.
20. Powers of Parliament.
21. Interpretation of Chapter 2.

CHAPTER 3

THE PRESIDENT

22. Establishment of office and election of President.
23. Qualifications and disqualifications for office of President.
24. Other conditions of office.
25. Transitional provision.
26. Holding of elections for President.
27. Where office vacant,
28. Electoral College.
29. Mode of elections.
30. Nomination of candidates.
31. Procedure for balloting.
32. Determination of questions as to election.

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SECTION

33. Term of office.
34. Vacation of office.
35. Removal from office.
36. Procedure for removal from office.
37. Oath.
38. Immunities of President.

CHAPTER 4

PARLIAMENT

PART I

COMPOSITION OF PARLIAMENT

Establishment
39. Establishment of Parliament.

The Senate

40. Composition of Senate.
41. Qualifications for appointment as Senator.
42. Disqualifications for appointment as Senator.
43. Tenure of office of Senators.
44. Appointment of temporary Senators.
45. President and Vice-President of the Senate.

The House of Representatives

46. Composition of House of Representatives.
47. Qualifications for election as member.
48. Disqualifications for election as member.
49. Tenure of office of members.
49A. Vacation of seat where member resigns or is expelled.
50. Speaker and Deputy Speaker.
51. Qualifications of voters.
52. Determination of questions as to membership.

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PART II

Powers, Privileges and Procedure of Parliament

SECTION

53. Power to make laws.
54. Alteration of this Constitution.
55. Privileges and immunities of Parliament.
56. Regulation of procedure in Houses of Parliament.
57. Oath of allegiance.
58. Presiding in Senate and House of Representatives.
59. Voting.
60. Quorum.
61. Mode of exercising legislative power.
62. Attendance of Ministers in either House.
63. Introduction of Bills, etc.
64. Restrictions on powers of Senate as to Money Bills.
65. Restrictions on powers of Senate as to Bills other than Money Bills.
66. Provisions relating to sections 63, 64 and 65.

PART III

Summoning, Prorogation and Dissolution

67. Sessions of Parliament.
68. Prorogation and dissolution of Parliament.
69. General Elections and appointment of Senators.

PART IV

Elections and Boundaries Commission

70. Constituencies.
71. Elections and Boundaries Commission.
72. Procedure for review of constituency boundaries.

PART V

System of Balloting

73. System of Balloting.

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CHAPTER 5

EXECUTIVE POWERS
SECTION

74. Executive authority of Trinidad and Tobago.
75. The Cabinet.
76. Appointment of Minister.
77. Tenure of office of Ministers-
78. Performance of functions of Prime Minister during absence, illness or suspension.
79. Allocation of portfolios to Ministers.
80. Exercise of President’s functions.
81. President to be informed concerning matters of Government,
82. Parliamentary Secretaries.
83. Leader of the Opposition.
84. Oaths to be taken by Ministers. etc.
85. Permanent Secretaries.
86. Constitution of Offices, etc.
87. Powers of pardon, etc.
88. Advisory Committee and Power of Pardon.
89. Functions of Advisory Committee.

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CHAPTER 6

THE DIRECTOR OF PUBLIC PROSECUTIONS AND
OMBUDSMAN

PART I

Director of Public Prosecutions

SECTION

90. Appointment, tenure and functions.

PART II

Ombudsman

91. Appointment and conditions of office.
92. Appointment of staff of Ombudsman.
93. Functions of Ombudsman.
94. Restrictions on matters for investigation.
95. Discretion of Ombudsman.

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SECTION

96. Report on investigation.
97. Power to obtain evidence.
98. Prescribed matters concerning Ombudsman.

CHAPTER 7

THE JUDICATURE

PART I

The Supreme Court

99. Establishment of Supreme Court.
100. Constitution of High Court.

The Court of Appeal

101. Constitution of Court of Appeal.
102. Appointment of Chief Justice.
103. Acting appointments as Chief Justice.

Appointment of Judges

104. Appointment of Justices of Appeal and Puisne Judges.
105. Qualification of Judges.
106. Tenure of office.
107. Oaths to be taken by Judges.
108. Appeals on Constitutional questions and fundamental rights, etc.

PART II

Appeals to the Judicial Committee

109. Appeals from Court of Appeal to the Judicial Committee.

PART III

Judicial and Legal Service Commission

110. Judicial and Legal Service Commission.

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111. Appointment of Judicial Officers, etc.

CHAPTER 8

FINANCE

SECTION

112. Establishment of Consolidated Fund.
113. Authorisation of expenditure from Consolidated Fund.
114. Authorisation of expenditure in advance of appropriation.
115. Contingencies Fund.
116. Establishment of office and functions of Auditor General.
117. Appointment of Auditor General and Staff.
118. Public debt.
119. Public Accounts Committees.

CHAPTER 9

APPOINTMENTS TO AND TENURE OF OFFICES

PART I

SERVICE COMMISSIONS. ETC.

The Public Service Commission

120. Public Service Commission.
121. Appointments, etc. of Public Officers.

Police Service Commission

122. Police Service Commission.
123. Appointments, etc. of Police Officers.

Teaching Service Commission

124. Teaching Service Commission.
125. Appointment of Teachers.

General Provisions on Service Commissions

126. Qualifications. tenure of office, etc.

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SECTION

127. Delegation of functions.
128. Consultation with other Service Commissions.
129. Powers and procedure of Service Commissions and protection from legal
proceedings.

PART II

Public Service Appeal Board

130. Constitution of Appeal Board.
131. Tenure of office. etc.
132. Appeals in Disciplinary Cases.
Pensions

133. Protection of pension rights.
134. Powers of Commissions in relation to grant of pensions, etc.

Special Offices

135. Appointments of principal representatives of Trinidad and Tobago
136. Tenure of special offices.
137. Removal from certain offices.

CHAPTER 10

THE INTEGRITY COMMISSION

138. The Integrity Commission.
139. Power to make laws relating to Commission.

CHAPTER 11

THE SALARIES REVIEW COMMISSION

140. Constitution of Commission
141. Functions of Commission.

CHAPTER 12

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MISCELLANEOUS AND GENERAL
SECTION

142. Resignations,
143. Reappointments, etc.

FIRST SCHEDULE – Forms of Oath (or Affirmation) of Office and of Secrecy.
SECOND SCHEDULE – Boundaries of Constituencies.
THIRD SCHEDULE – Matters not subject to investigation.

__________________

4 of 1976
Schedule THE CONSTITUTION OF THE
REPUBLIC OF TRINIDAD AND TOBAGO

Commencement.
116/1976.
[1ST AUGUST 1976]

Whereas the People of Trinidad and Tobago-

(a) have affirmed that the Nation of Trinidad and Tobago is founded
upon principles that acknowledge the supremacy of God, faith in
fundamental human rights and freedoms, the position of the family in
a society of free men and free institutions, the dignity of the human
person and the equal and inalienable rights with which all members
of the human family are endowed by their Creator;

(b) respect the principles of social justice and therefore believe that the
operation of the economic system should result in the material
resources of the community being so distributed as to subserve the
common good, that there should be adequate means of livelihood for
all, that labour should not be exploited or forced by economic
necessity to operate in inhumane conditions but that there should be
opportunity for advancement on the basis of recognition of merit,
ability and integrity;

(c) have asserted their belief in a democratic society in which all persons
may, to the extent of their capacity, play some part in the institutions
of the national life and thus develop and maintain due respect for
lawfully constituted authority;

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(d) recognise that men and institutions remain free only when freedom
is founded upon respect for moral and spiritual values and the rule of
law;

(e) desire that their Constitution should enshrine the above-mentioned
principles and beliefs and make provision for ensuring the protection
in Trinidad and Tobago of fundamental human rights and freedoms.

Now, therefore the following provisions shall have effect as the Constitution of the Republic
of Trinidad and Tobago:

PRELIMINARY

The State

Ch. 1:31.
Ch. 1:52.
1. (1) The Republic of Trinidad and Tobago shall be a sovereign
democratic State.
(2) Trinidad and Tobago shall comprise the Island of Trinidad, the
Island of Tobago and any territories that immediately before the 31st day of
August 1962 were dependencies of Trinidad and Tobago, including the
seabed and subsoil situated beneath the territorial sea and the continental
shelf of Trinidad and Tobago (“territorial sea” and “continental shelf” here
having the same meaning as in the Territorial Sea Act and the Continent Shelf
Act. respectively), together with such other areas as may be declared by Act
to form part of the territory of Trinidad and Tobago.

The Supreme
Law 2. This Constitution is the supreme law of Trinidad and Tobago, and any
other law that is inconsistent with this Constitution is void to the extent of the
inconsistency.

Interpretation 3. (1) In this Constitution
“the Cabinet” means the Cabinet constituted under -this Constitution;
“the Commonwealth” means Trinidad and Tobago, any country to
which section 18 applies and any dependency of any such country;
“Court” means any court of law in Trinidad and Tobago other than a
court martial and shall be construed as including the Judicial Committee;
“the Cabinet” means the Cabinet constituted under -this Constitution;
“the Commonwealth” means Trinidad and Tobago, any country to
which section 18 applies and any dependency of any such country;
“Court” means any court of law in Trinidad and Tobago other than a
court martial and shall be construed as including the Judicial Committee;
“financial year” means any period of twelve months beginning on the

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first day of January in any year or such other date as may be prescribed;
“general election” means a general election of members to serve in the
House of Representatives;
“House” means either the House of Representatives or the Senate as
the context may require;
“Judge” includes the Chief Justice, a Judge of Appeal and a Puisne
Judge;

3 and 4 Will 4
c. 41.

“Judicial Committee” means the Judicial Committee of the Privy
Council established by the Judicial Committee Act 1833 of the United
Kingdom as from time to time amended by any Act of Parliament of the
United Kingdom;
“law” includes any enactment, and any Act or statutory instrument of
the United Kingdom that before the commencement of this Constitution had
effect as part of the law of Trinidad and Tobago, having the force of law and
any unwritten rule of law;
“oath” includes affirmation;
“oath of allegiance” means the oath of allegiance set out in the First
Schedule or such other oath as may be prescribed;
“Parliament” means the Parliament of Trinidad and Tobago;
“parliamentary election” means an election of a member or members
to serve in the House of Representatives;
“prescribed” means prescribed by or under an Act of Parliament;
“public office” means an office of emolument in the public service;
“public officer” means the holder of any public office and includes
any person appointed to act in any such office;
“Public service” means, subject to the provisions of subsections (4)
and (5), the service of the Government of Trinidad and Tobago or of the
Tobago House of Assembly established by section 3 of the Tobago House of
Assembly Act, in a civil capacity;
“Service Commission” means the Judicial and Legal Service
Commission, the Public Service Commission, the Police Service Commission
or the Teaching Service Commission;
“session” means, in relation to a House, the sittings of that House
commencing when it first meets after this Constitution comes into force or
after the prorogation or dissolution of Parliament at any time, and terminating
when Parliament is prorogued or is dissolved without having been prorogued;

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“sitting” means, in relation to a House, a period during which that
includes any period during which that House is sitting continuously without
adjournment, and includes any period during which the House is in
Committee;

10 & 11 Eliz. 2
c. 54

1962 No. 1875
(U.K.) “Trinidad and Tobago” has the meaning attributed to that expression
in the Trinidad and Tobago Independence Act 1962-
“the former Constitution” means the Trinidad and Tobago
Constitution set out in the Second Schedule to the Trinidad and Tobago
(Constitution) Order in Council 1962.
(2) In this Constitution-
(a) a reference to an appointment to any office shall be
construed as including a reference to the appointment of a
person to act in or perform the functions of that office at
any time when the office is vacant or the holder thereof is
unable (whether by reason of absence or infirmity of mind
or body or any other cause) to perform the functions of
that office; and
(b) a reference to the holder of an office by the term
designating his office shall be construed as including a
reference to any person for the time being lawfully acting
in or performing the functions of that office.

(3) Where by this Constitution any person is directed, or power is
conferred on any person or authority, to appoint a person to perform the
functions of an office if the holder thereof is unable to perform those
functions, the validity of any performance of those functions by the person so
directed or of any appointment made in exercise of that power shall not be
called in question in any court on the ground that the holder of the office is
not unable to perform the functions of the office.
(4) For the purposes of this Constitution a person shall not be considered
to hold an office in the public service by reason only that
(a) he is in receipt of a pension or other like allowance in respect of
public service;
(b) he holds the office of-
(i) President;
(ii) Speaker, President of the Senate, Deputy Speaker or
Vice-President of the Senate, Minister, Parliamentary
Secretary, member or temporary member of the Senate

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or member of the House of Representatives;
(iii) Ombudsman or member of the Integrity Commission or
member of any other Commission established by this
Constitution;
(iv) Judge or member of a Superior Court of Record or any
special judicial tribunal established by Act of Parliament
or member Of the Public Service Appeal Board;
(v) member of any board, commission, committee or similar
body, whether incorporated or not. established by any
enactment;
(vi) member of the personal staff of the President;
(c) he is-
(i) a consultant or adviser appointed for specific purposes; or
(ii) a person appointed on contract for a period not
exceeding five years.
(5) Where Parliament so provides, a person shall not be considered for
the purposes of this Constitution or any part of this Constitution to hold office
in the public service by reason only that he is the holder of a special office
established by or under an Act.
(6) References in this Constitution to the power to remove a public
officer from his office shall be construed as including references to any power
conferred by any law to require or permit that officer to retire from the public
service.
(7) Any power conferred by any law to permit a person to retire from the
public service shall, in the case of any public officer who may be removed
from office by some person or authority other than a Commission established
by this Constitution. vest in the Public Service Commission.
(8) Nothing in subsection (6) shall be construed as conferring on any
person or authority power to require a Judge or the Auditor General to retire
from the public service.
(9) Where any power is conferred by this Constitution to make any
proclamation, order, rules or regulations or to give any directions, the power
shall be construed as including a power exercisable in like manner to amend
or revoke any such proclamation, order, rules, regulations or directions.

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CHAPTER 1

THE RECOGNITION AND PROTECTION OF FUNDAMENTAL
HUMAN RIGHTS AND FREEDOMS

PART I

Rights enshrined
Recognition and
Declaration of
rights and
freedoms 4. It is hereby recognised and declared that in Trinidad and Tobago there
have existed and shall continue to exist, without discrimination by reason of
race, origin, colour, religion or sex, the following fundamental human rights
and freedoms, namely–
(a) the right of the individual to life, liberty, security of the person
and enjoyment of property and the right not to be deprived
thereof except by due process of law;
(b) the right of the individual to equality before the law and the
protection of the law;
(c) the right of the individual to respect for his private and family
life;
(d) the right of the individual to equality of treatment from any
public authority in the exercise of any functions;
(e) the right to join political parties and to express political views;
(f) the right of a parent or guardian to provide a school of his own
choice for the education of his child or ward;
(g) freedom of movement;
(h) freedom of conscience and religious belief and observance;
(i) freedom of thought and expression;
(j) freedom of association and assembly; and
(k) freedom of the press.

Protection of
rights and
freedoms 5. (1) Except as is otherwise expressly provided in this Chapter and in
section 54, no law may abrogate, abridge or infringe or authorise the
abrogation, abridgment or infringement of any of the rights and freedoms
hereinbefore recognised and declared.
(2) Without prejudice to subsection (1),.but subject to this Chapter
and to section 54, Parliament may not-
(a) authorise or effect the arbitrary detention, imprisonment or
exile of any person;

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(b) impose or authorise the imposition of cruel and unusual
treatment or punishment;
(c) deprive a person who has been arrested or detained-
(i) of the right to be informed promptly and with sufficient
particularity of the reason for his arrest or detention;
(ii) if the right to retain and instruct without delay a legal
adviser of his own choice and to hold communication
with him;
(iii) of the right to be brought promptly before an appropriate
judicial authority;
(iv) of the remedy by way of habeas corpus for the
determination of the validity of his detention and for his
release if the detention is not lawful;
(d) authorise a court, tribunal, commission. board Or other
authority to compel a person to give evidence unless he is
afforded protection against self incrimination and, where
necessary to ensure such protection, the right to legal
representation;
(e) deprive a person of the right to a fair hearing in accordance
with the principles of fundamental justice for the
determination of his rights and obligations:
(f) deprive a person charged with a criminal offence of the right-
(i) to be presumed innocent until proved guilty according to
law, but this shall not invalidate a law by reason only that
the law imposes on any such person the burden of
proving particular facts;
(ii) to a fair and public hearing by an independent and
impartial tribunal; or
(iii) to reasonable bail without just cause;
(g) deprive a person of the right to the assistance of an interpreter
in any proceedings in which he is involved or in which he is a
party or a witness, before a court, commission, board or other
tribunal, if he does not understand or speak English; or
(h) deprive a person of the right to such procedural provisions as
are necessary for the purpose of giving effect and protection
to the aforesaid rights and freedoms.

PART II

Exceptions for Existing Law

Savings for 6. (1) Nothing in sections 4 and 5 shall invalidate-

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existing law. (a) an existing law;
(b) an enactment that repeals and re-enacts an existing law
without alteration; or
(c) an enactment that alters an existing law but does not
derogate from any fundamental right guaranteed by this
Chapter in a manner in which or to an extent to which the
existing law did not previously derogate from that right.
(2) Where an enactment repeals and re-enacts with modifications
an existing law and is held to derogate from any fundamental right
guaranteed by this Chapter in a manner in which or to an extent to which
the existing law did not previously derogate from that right then, subject
to sections 13 and 54. the provisions of the existing law shall be
substituted for such of the provisions of the enactment as are held to
derogate from the fundamental right in a manner in which or to an extent
to which the existing law did not previously derogate from that right.
(3) In this section-

“alters” in relation to an existing law, includes repealing that law and re-
enacting it with modifications or making different provisions in
place of it or modifying it;
“existing law” means a law that had effect as part of the law of Trinidad
and Tobago immediately before the commencement of this
Constitution. and includes any enactment referred to in subsection
(1);
“right” includes freedom.

PART III
Exceptions for Emergencies
Emergency
Powers. 7. (1) Without prejudice to the power of Parliament to make provision
in the premise. but subject to this section, where any period of public
emergency exists, the President may, due regard being had to the
circumstances of any situation likely to arise or exist during such period,
make regulations for the purpose of dealing with that situation and issue
orders and instructions for the purpose of the exercise of any powers
conferred on him or any other person by any Act referred to in subsection
(3) or instrument made under this section or any such Act.
(2) Without prejudice to the generality of subsection (1), regulations
made under that subsection may, subject to section 11, make provision for
the detention of persons.
(3) An Act that is passed during a period of public emergency and is

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expressly declared to have effect only during that period or any regulations
made under subsection (1) shall have effect even though inconsistent with
sections 4 and 5 except in so far as its provisions may be shown not to be
reasonably justifiable for the purpose of dealing with the situation that
exists during that period.

Period of public
emergency. 8. (1) Subject to this section, for the purposes of this Chapter, the
President may from time to time make a Proclamation declaring that a
state of public emergency exists.
(2) A Proclamation made by the President under subsection (1) shall
not be effective unless it contains a declaration that the President is
satisfied-
(a) that a public emergency has arisen as a result of the
imminence of a state of war between Trinidad and Tobago
and a foreign State;
(b) that a public emergency has arisen as a result of the
occurrence of any earthquake, hurricane, flood, fire, outbreak
of pestilence or of infectious disease, or other calamity
whether similar to the foregoing or not; or
(c) that action has been taken, or is immediately threatened. by
any person, of such a nature and on so extensive a scale, as to
be likely to endanger the public safety or to deprive the
community or any substantial portion of the community of
supplies or services essential to life.
Grounds for,
And initial
duration of
Proclamation. 9. (1) Within three days of the making of the Proclamation, the
President shall deliver to the Speaker for presentation to the House of
Representatives a statement setting out the specific grounds on which the
decision to declare the existence of a state of public emergency was
based, and a date shall be fixed for a debate on this statement as soon as
practicable but in any event not later than fifteen days from the date of the
Proclamation.
(2) A Proclamation made by the President for the purposes of and in
accordance with section 8 shall, unless previously revoked, remain in
force for fifteen days.

Extension of
Proclamation 10. (1) Before its expiration the Proclamation may be extended from
time to time by resolution supported by a simple majority vote of the
House of Representatives, so however that no extension exceeds three
months and the extensions do not in the aggregate exceed six months.
(2) The Proclamation may be further extended from time to time
for not more than three months at any one time, by a resolution passed by
both Houses of Parliament and supported by the votes of not less than
three-fifths of all the members of each House.

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(3) The Proclamation may be revoked at any time by a resolution
supported by a simple majority vote of the House of Representatives.
(4) In this Chapter, “period of public emergency” means any period
during which-
(a) Trinidad and Tobago is engaged in any war; or
(b) there is in force a Proclamation by the President declaring
that a state of public emergency exists; or
(c) there is in force a resolution of both Houses of Parliament
supported by the votes of not less than two thirds of all the
members of each House declaring that democratic
institutions in Trinidad and Tobago are threatened by
subversion.

Detention of
Persons. 11. (1) Where any person who is lawfully detained by virtue only of
such an Act or regulations as is referred to in section 7 so requests at any
time during the period of that detention and thereafter not earlier than six
months after he last made such a request during that period, his case shall
be reviewed by an independent and impartial tribunal established by law
and presided over by a person appointed by the Chief Justice from among
the persons entitled to practise in Trinidad and Tobago as barristers or
solicitors.
(2) On any review by a tribunal in pursuance of subsection (1) of
the case of any detained person, the tribunal may make recommendations
concerning the necessity or expediency of continuing his detention to the
authority by whom it was ordered but, unless otherwise provided by law,
that authority shall not be obliged to act in accordance with such
recommendations.

Publication. 12. (1) Where at any time it is impracticable or inexpedient to publish
in the Gazette any Proclamation, Notice, Regulation or Order in pursuance
of this Part, the President may cause the same to be published by notices
thereof affixed to public buildings or distributed amongst the public or by
oral public announcements.
(2) Upon the publication of any Proclamation under this Part, all
such detention orders, curfew orders or other instruments, directions or
instructions as are authorised to be made. issued or given by any
regulations referred to in section 7 may be made. issued or given and
executed upon any person or authority, even if such regulations have not
yet been published pursuant to subsection (1).

PART IV

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Exceptions for Certain Legislation

Acts inconsistent
with sections 4 and 5. 13. (1) An Act to which this section applies may expressly declare that
it shall have effect even though inconsistent with sections 4 and 5 and. if
any such Act does so declare, it shall have effect accordingly unless the
Act is shown not to be reasonably justifiable in a society that has a proper
respect for the rights and freedoms of the individual.
(2) An Act to which this section applies is one the Bill for which
has been passed by both Houses of Parliament and at the final vote thereon
in each House has been supported by the votes of not less than three-fifths
of all the members of that House.
(3)For the purposes of subsection (2) the number of members of
the Senate shall, notwithstanding the appointment of temporary members
in accordance with section 44, be deemed to be the number of members
specified in section 40(l).

PART V

General

Enforcement of
the protective
provisions.
14. (1) For the removal of doubts it is hereby declared that if any
person alleges that any of the provisions of this Chapter has been, is being,
or is likely to be contravened in relation to him, then without prejudice to
any other action with respect to the same matter which is lawfully
available, that person may apply to the High Court for redress by way of
originating motion.
(2) The High Court shall have original jurisdiction
(a) to hear and determine any application made by any person
in pursuance of subsection (i); and
(b) to determine any question arising in the case of any person
which is referred to it in pursuance of subsection (4),

and may, subject to subsection (3), make such orders, issue such writs and
give such directions as it may consider appropriate for the purpose of
enforcing, or securing the enforcement of, any of the provisions of this
Chapter to the protection of which the person concerned is entitled.

Ch. 8:02. (3) The State Liability and Proceedings Act shall have effect for
the purpose of any proceedings under this section.
(4) Where in any proceedings in any court other than the High

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Court or the Court of Appeal any question arises as to the contravention of
any of the provisions of this Chapter the person presiding in that court
may, and shall if any party to the proceedings so requests, refer the
question to the High Court unless in his opinion the raising of the question
is merely frivolous or vexatious.
(5) Any person aggrieved by any determination of the High Court
under this section may appeal therefrom to the Court of Appeal and shall
be entitled as of right to a stay of execution of the order and may in the
discretion of the Court be granted bail.
(6) Nothing in this section shall limit the power of Parliament to
confer on the High Court or the Court of Appeal such powers as
Parliament may think fit in relation to the exercise by the High Court or
the Court of Appeal, as the case may be, of its jurisdiction in respect of the
matters arising under this Chapter.

CHAPTER 2

CITIZENSHIP

Continuation of
Citizenship of
citizens under section
9 of former
Constitution. 15. Any person who became a citizen by birth under section 9(1) or a
citizen by descent under section 9(2) of the former Constitution, and who
has not ceased to be a citizen under that Constitution, shall continue to be a
citizen under this Constitution.

Continuation of
citizenship of citizens
by registration,
naturalisation, etc.
11 of 1962. 16. Any person who became a citizen of Trinidad and Tobago by virtue
of registration under the former Constitution or by virtue of an acquisition
of citizenship under Part II of the Trinidad and Tobago Citizenship Act,
and who has not ceased to be a citizen under any law in force in Trinidad
and Tobago, shall continue to be a citizen under this Constitution.

Acquisition of
citizenship by birth or
descent.
Continuation of
citizenship.
Retrospective
citizenship. 17. (1) Subject to subsection (2), every person born in Trinidad and
Tobago after the commencement of this Constitution shall become a
citizen of Trinidad and Tobago at the date of his birth.
(2) A person shall not become a citizen of Trinidad and Tobago by
virtue of subsection (1), if at the time of his birth.
(a) neither of his parents is a citizen of Trinidad and Tobago
and either of them possesses such immunity from suit and
legal process as is accorded to an envoy of a foreign
sovereign power accredited to Trinidad and Tobago; or
(b) either of his parents is an enemy alien and the birth occurred
in a place then under occupation by the enemy.
(3) A person born outside Trinidad and Tobago after the

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commencement of this Constitution shall become a citizen of Trinidad and
Tobago at the date of his birth if at that date either of his parents is, or was,
but for his parent’s death, a citizen of Trinidad and Tobago otherwise than
by descent, so however that, in the case of a person employed in service
under the Government or under an authority of the Government that
requires him to reside outside Trinidad and Tobago for the proper
discharge of his functions, this subsection shall be read as if the words
“otherwise than by descent” were deleted,
(4) Any person who became a citizen by birth under section 12(l) or
a citizen by descent under section 12(2) of the former Constitution, and
who has not ceased to be a citizen under that Constitution, shall continue
to be a citizen under this Constitution.
(5) A person born outside Trinidad and Tobago after the 30th
August 1962 whose mother was a citizen of Trinidad and Tobago
otherwise than by descent at the date of his birth but who did not become a
citizen at that date shall be deemed to have become a citizen at that date
and shall continue to be a citizen of Trinidad and Tobago under this
Constitution.
Commonwealth
Citizens. 18. (1) Every person who under this Constitution or any Act of
Parliament is a citizen of Trinidad and Tobago or, under any law for the
time being in force in any country to which this section applies, is a citizen
of that country shall, by virtue of that citizenship, have the status of a
Commonwealth citizen.

11 and 12 Geo.
VI c. 56.

1965 c.34. (2) Every person who is a British subject without citizenship
under the British Nationality Act 1948 of the United Kingdom or I L AM
12 who continues to be a British subject under section 2 of that Act or who
is a British subject under the British Nationality Act 1965 of the United
Kingdom shall, by virtue of that status, have the status of a Commonwealth
citizen.
(3) The countries to which this section applies are Australia, the
Bahamas, Bangladesh, Barbados, Botswana, Canada, Cyprus, Fiji, The
Gambia, Ghana, Grenada, Guyana, India, Jamaica, Kenya, Lesotho,
Malawi, Malaysia, Malta, Mauritius, Nauru, New Zealand, Nigeria, Sierra
Leone, Singapore, Sri Lanka, Swaziland, Tanzania, Tonga, Uganda, United
Kingdom and Colonies, Western Samoa and Zambia.
*(4) The President may from time to time, by Order subject to
affirmative resolution of the Senate and the House of Representatives
amend subsection (3) by adding any Commonwealth country thereto or by
deleting any Commonwealth country therefrom.

* An Order under this subsection is proposed for the purpose of updating subsection (3) but had not yet been made at the
Revision Date.

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Criminal liability of
Commonwealth
citizens. 19. (1) A Commonwealth citizen who is not a citizen of Trinidad and
Tobago, or a citizen of the Republic of Ireland who is not a citizen of
Trinidad and Tobago, shall not be guilty of any offence against any law in
force in Trinidad and Tobago by reason of anything done or omitted in any
part of the Commonwealth other than Trinidad and Tobago or in the
Republic of Ireland or in any foreign country unless—
(a) the act or omission would be an offence if he were an alien;
and
(b) in the case of an act or omission in any part of the
Commonwealth or in the Republic of Ireland, it would be an
offence if the country in which the act was done or the
omission made were a foreign country.
(2) In this section “foreign country” means a country (other than
the Republic of Ireland) that is not part of the Commonwealth.
Powers of Parliament. 20. Parliament may make provisions relating to citizenship including
provision-
(a) for the acquisition of citizenship of Trinidad and Tobago by
persons who are not or do not become citizens of Trinidad and
Tobago by virtue of the provisions of this Chapter;
(b) for depriving of his citizenship of Trinidad and Tobago any
citizen of Trinidad and Tobago but only on the acquisition of
citizenship of some other country in the case of a citizen by
birth or descent; or
(c) for the renunciation by any person of his citizenship of
Trinidad and Tobago.
Interpretation of
Chapter 2. 21. (1) In this Chapter-
“alien” means a person who is not a Commonwealth citizen, a British
protected person or a citizen of the Republic of Ireland;

11 and 12 Geo.
VI c. 56. “British protected person” means a person who is a British protected
person for the purposes of the British Nationality Act 1948 of the
United Kingdom;
“citizen by birth” means a person-
(a) who is a citizen of Trinidad and Tobago under section 17(1); or
(b) who became a citizen of Trinidad and Tobago under section
9(1) or 12(1) of the former Constitution;
“citizen by descent” means a person-
(a) who is a citizen of Trinidad and Tobago under section 17(3) or

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any enactment; or
(b) who became a citizen of Trinidad and Tobago under section
9(2) or 12(2) of the former Constitution.
(2) For the purposes of this Chapter, a person born outside Trinidad
and Tobago aboard a registered ship or aircraft, or aboard an unregistered
ship or aircraft of the government of any country, shall be deemed to have
been born in the place in which the ship or aircraft has been registered or,
as the case may be, in that country.

CHAPTER 3

THE PRESIDENT

Establishment of
office and election of
President. 22. There shall be a President of Trinidad and Tobago elected in
accordance with the provisions of this Chapter who shall be the Head of
State and Commander-in-Chief of the armed forces.
Qualifications and
disqualifications for
office of President. 23. (1) A person is qualified to be nominated for election as President if,
and is not so qualified unless, he is a citizen of Trinidad of and Tobago of
the age of thirty-five years or upwards who at the date of his nomination
has been ordinarily resident in Trinidad and Tobago for ten years
immediately preceding his nomination.
(2) For the purposes of subsection (1) a person shall be deemed to
reside in Trinidad and Tobago if he holds an office in the service of the
Government of Trinidad and Tobago and lives outside Trinidad and
Tobago because he is required to do so for the proper discharge of his
functions.
(3) A person is not qualified to be nominated for election as
President who is disqualified for election as a member of the House of
Representatives by virtue of section 48( 1) or any law made under section
48(2).
Other conditions of
office. 24. (1) Where a member of the Senate or the House of Representatives
is elected as President, his seat in the Senate or the House of
Representatives, respectively, shall thereupon become vacant.
(2) Except in the case of a person acting as, or performing the
functions of. President under section 27, but subject to sections 44(2) and
56(8), the President shall not hold any other office of emolument or profit
whether in the public service or otherwise.
(3) The salary and allowances of a President and his other terms of

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service shall not be altered to his disadvantage after he has assumed office.
Transitional
provision. 25. (1) The person holding the office of Governor-General of Trinidad
and Tobago at the commencement of this Constitution shall hold the office
of President under this Constitution until a President is elected under the
provisions of this Chapter and assumes office.
(2) Where at any time between the appointed day and the election of
the first President of the Senate under section 45, the President under
subsection (1) is for any reason unable to perform the functions of
President then, until the President under subsection (1) is again able to
perform his functions as President, those functions shall be performed by
the person who last held the office of President of the Senate under the
former Constitution.
Holdings of elections
for President 26. (1) The Speaker of the House of Representatives shall be
responsible for the holding of elections for President.
(2) The date of every election under this section shall be
announced in the Gazette by the Speaker within such number of days in
advance as may be prescribed.
(3) An election for President shall be held not more than one
hundred and twenty days nor less than ninety days after the first sitting of
the House of Representatives under this Constitution and the President
who is so elected shall assume office on the expiration of thirty days next
after his election.
(4) Thereafter, an election for President shall be held not more
than sixty days nor less than thirty days before the expiration of the term of
that office.
(5) Where the office of President becomes vacant under section 34
before the expiration of the term of that office prescribed by section 33, an
election shall be held to fill the vacancy within ninety days of the
occurrence of the vacancy.
(6) Where the date for the assumption of-office of a President falls
on a Sunday or public holiday the President shall assume office on the next
following day that is not a Sunday or public holiday.
(7) Where the time limited for holding an election for President
under subsection (3), (4) or (5) has not been complied with, Parliament
may make provision for an extension of the period during which elections
may be held.

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Where office vacant. 27. (1) Where the office of President is vacant or the President is
incapable of performing his functions as President by reason of his
absence from Trinidad and Tobago or by reason of illness, the President of
the Senate shall act temporarily as President.
(2) Where the President of the Senate is for any reason unable to
act as President under subsection (1) or section 36(2), the functions of
President shall be performed by the Speaker.
(3) Where the Speaker is for any reason unable to perform the
functions of President under subsection (2), the Vice-President of the
Senate shall perform those functions, so however that a meeting of the
Electoral College shall be held, upon the summons Of the Deputy Speaker
giving at least forty-eight hours notice thereof, within seven days of the
Vice-President of the Senate commencing to perform the functions of
President for the purpose Of holding an election of a person to fill the
vacancy in the office of President under section 26(5), or of a person to act
temporarily as President during such period as the President is incapable
of performing his functions.
(4) Upon his election to fill the vacancy in the office of President
under section 26(5) or to act temporarily as President during such period
as the President is incapable of performing his functions in accordance
with subsection (3), the person shall immediately assume office.
Electoral College. 28. (1) There shall be an Electoral College for the purposes of this
Chapter which shall be a unicameral body consisting of all the members of
the Senate and all the members of the House of Representatives assembled
together.
(2) The Electoral College shall be convened by the Speaker.
(3) The Speaker shall preside as Chairman over the proceedings of
the Electoral College and shall have an original vote.
(4) Subject to this Chapter, the Electoral College may regulate its
own procedure and may make provision for the postponement or
adjournment of its meetings and such other provisions as may be necessary
to deal with difficulties that may arise in the carrying out of elections
under this Chapter.
(5) Ten Senators, the Speaker and twelve other members of the
House of Representatives shall constitute a quorum of the Electoral
College.
Mode of elections. 29. The President shall be elected by the Electoral College voting by
secret ballot.

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Nomination of
candidates. 30. A person shall not be a candidate for election as President unless
he is nominated for election by a nomination paper which-
(a) is signed by him and by twelve or more members of the
House of Representatives; and
(b) is delivered to the Speaker at least seven days before the
election.

Procedure for
balloting. 31. (1) The candidate who is unopposed or who obtains the greatest
number of the votes cast shall be declared elected.
(2) Where the votes cast for two or more candidates are equally
divided the Speaker shall have and exercise a casting vote.

Determination of
questions as to
election. 32. (1) Subject to subsection (2), an instrument which-
(a) in the case of an uncontested election for the office of
President is signed and sealed by the Speaker and states
that a person named in the instrument was the only person
nominated for the election and was in consequence
declared elected; or
(b) in the case of a contested election is signed and sealed by
the Speaker and states that a person named in the
instrument was declared elected at that meeting in
consequence of the ballot,
shall be conclusive evidence that the person so named was so elected, and
no question as to the validity of the election of the person so named shall
be inquired into in any court.
(2) The Court of Appeal shall have exclusive jurisdiction to hear
and determine any question as to the validity of an election of a President
in so far as that question depends upon the qualification of any person for
election or the interpretation of this Chapter. and the decision of that Court
under this subsection shall be final.
(3) Parliament may make provisions with respect to the persons by
whom, the manner in which and the conditions upon which the
proceedings under subsection (2) may be instituted in the Court of Appeal
and subject to any provisions so made, provisions may be made with
respect to these matters by rules of court. Until such provisions or rules
are made the procedure for moving the Court of Appeal shall be by way of
a representation petition.

Term of office. 33. (1) Subject to this section and to sections 34 and 36, a President

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elected at an election under section 26(3) or (4) shall hold office for a term
of five years.
(2) Parliament may make, provision for the postponement of the
date of expiration of the term of office of the President under subsection
(1), for a period not exceeding four months, in order to avoid the holding
of an election for that office during a period of dissolution of Parliament or
at a time too close to the beginning or to the end of such a period.
(3) Where for any reason at the date on which the term of office
of the President is due to expire under subsection (1) or (2) there is no
person entitled by election under section 26(4) to fill the office of
President upon its expiration, the current term of that office shall continue
until thirty days after a person is elected to the office-of President
whereupon the current term of that office shall expire.
(4) Where a person is elected to fill a vacancy in the office of
President in an election under section 26(5), he shall hold office only for
the unexpired portion of the term of office of his predecessor.

Vacation of office. 34. The office of President shall become vacant before the expiration
of the term of his office as prescribed by section 33 where—
(a) the person holding that office dies or resigns the office by
writing signed by him addressed to the House of
Representatives and delivered to the Speaker; or
(b) he is removed from office under section 36.

Removal from office. 35. The President may be removed from office under section 36 where-
(a) he wilfully violates any provision of the Constitution;
(b) he behaves in such a way as to bring his office into hatred,
ridicule or contempt;
(c) he behaves in a way that endangers the security of the State; or
(d) because of physical or mental incapacity, he is unable to
perform the functions of his office.

Procedure for
removal of office. 36. (1) The President shall be removed from office where-
(a) a motion that his removal from office should be
investigated by a tribunal is proposed in the House of
Representatives;
(b) the motion states with full particulars the grounds on which

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his removal from office is proposed. and is signed by not
less than one-third of the total membership of the House of
Representatives;
(c) the motion is adopted by the vote of not less than two-
thirds of the total membership of the Senate and the House
of Representatives assembled together;
(d) a tribunal consisting of the Chief Justice and four other
Judges appointed by him, being as far as practicable the
most senior Judges, investigate the complaint and report
on the facts to the House of Representatives;
(e) the Senate and the House of Representatives assembled
together on the summons of the Speaker consider the
report and by resolution supported by the votes of not less
than two-thirds of the total membership of the Senate and
the House of Representatives assembled together declare
that he shall be removed from office.
(2) Where a motion is adopted as is provided for in subsection
(1)(a),(b)and (c) the President shall cease to perform any of his functions
as President and the President of the Senate shall act temporarily as
President.
(3) The procedure of the tribunal shall be such as is prescribed,
but, subject to such procedure, the tribunal may regulate its own
procedure.
(4) Upon the adoption of the resolution in accordance with
subsection (1)(e) the office shall become vacant.

Oath.

First Schedule 37. (1) A President shall before entering upon the duties of his office
take and subscribe the oath of office set out in the First Schedule, such
oath being administered by the Chief Justice or such other Judge as may be
designated by the Chief Justice.
(2) Subsection (1) shall apply to any person required under this
Constitution to perform the functions of the office of President as it applies
to a person elected as such.

Immunities of
President. 38. (1) Subject to section 36, the President shall not be answerable to
any court for the performance of the functions of his office or for any act
done by him in the performance of those functions.
(2) Without the fiat of the Director of Public Prosecutions, no
criminal proceedings shall be instituted or continued against the President

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in any court during his term of office and no process for the President’s
arrest or imprisonment shall be issued from any court or shall be executed
during his term of office.
(3) No civil proceedings in which relief is claimed against the
President shall be instituted during his term of office in any court in
respect of any act done by him in his personal capacity whether before or
after he entered the office of President, except on the condition specified in
subsection (4).
(4) The condition referred to in subsection (3) is that two months
must elapse after a notice in writing has been served on him either by
registered post or by being left at his office stating the nature of the
proceedings, the cause of action, the name, description and address of the
party instituting the proceedings and the relief claimed.
(5) A period of limitation prescribed by law shall not run in favour
of the President in respect of a civil action during the period of two months
after a notice in respect of that action has been served on him under
subsection (4).

CHAPTER 4

PARLIAMENT

PART I

COMPOSITION OF PARLIAMENT

Establishment
Establishment of
Parliament. 39. There shall be a Parliament of Trinidad and Tobago which shall
consist of the President, the Senate and the House of Representatives.

The Senate
Composition of
Senate. 40. (1) The Senate shall consist of thirty-one members (in this
Constitution referred to as “Senators”) who shall be appointed by the
President in accordance with this section.
(2) Of the thirty-one Senators—
(a) sixteen shall be appointed by the President acting in
accordance with the advice of the Prime Minister;
(b) six shall be appointed by the President acting in

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accordance with the advice of the Leader of the
Opposition; and
(c) nine shall be appointed by the President in his discretion
from outstanding persons from economic or social or
community organisations and other major fields of
endeavour.

Qualifications for
appointment as
Senator. 41. Subject to section 42, a person shall be qualified to be appointed as
a Senator if, and shall not be qualified to be so appointed unless, he is a
citizen of Trinidad and Tobago of the age of twenty-five years or upwards.

Disqualifications for
appointment as
Senator. 42. (1) No person shall be qualified to be appointed as a Senator who-
(a) is a citizen of a country other than Trinidad and Tobago
having become such a citizen voluntarily or is under a
declaration of allegiance to such a country;
(b) is a member of the House or Representatives;
(c) is an undischarged bankrupt having been adjudged or
otherwise declared bankrupt under any law in force in Trinidad
and Tobago;
Ch. 28:02. (d) is mentally ill, within the meaning of the Mental Health Act;
(e) is under sentence of death imposed on him b% a court or is
serving a sentence of imprisonment. by whatever name called.
exceeding twelve months imposed on him by a court or
substituted by competent authority, for some other sentence
imposed on him by a court’. or is under such a sentence of
imprisonment the execution of which has been suspended;
(f) is disqualified for membership of the House of Representatives
by virtue of any law in force in Trinidad and Tobago by reason
of his having been convicted of any offence relating to
elections; or
(g) is not qualified to be registered as an elector at a
Parliamentary election under any law in force in Trinidad and
Tobago.

(2) Parliament may provide that, subject to such exceptions and
limitations. if any, as may be prescribed. a person shall be disqualified for
membership of the Senate by virtue of-
(a) his holding or acting in any office or appointment. either

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individually or by reference to a class of office or appointment;
(b) his belonging to any of the armed forces of the State or to any
class of person that is comprised in any such force;. or
(c) his belonging to any police force or to any class of person that
is comprised in any such force.

(3) For the purposes of subsection (1)(e)-
(a) two or more sentences of imprisonment that are required to be
served consecutively shall be regarded as separate sentences
if none of those sentences exceeds twelve months. but if any
one of such sentences exceeds that term they shall be
regarded as one sentence; and
(b) no account shall be taken of a sentence of imprisonment
imposed as an alternative to or in default of the payment of a
fine.

Tenure of office of
Senators. 43. (1) Every Senator shall vacate his seat in the Senate at the next
dissolution of Parliament after his appointment.

(2) A Senator shall also vacate his seat in the Senate where-
(a) he is absent from the sittings of the Senate for such period
and in such circumstances as may be prescribed in the rules
of procedure of the Senate;
(b) with his consent. he is nominated as a candidate for election
to the House of Representatives. or he is elected to be a
member of the House of Representatives;
(c) he ceases to be a citizen of Trinidad and Tobago;
(d) subject to the provisions of subsection (3) any circumstances
arise that, if he were not a Senator, would cause him to be
disqualified for appointment as such by virtue of subsection
(1) of section 42 or any law enacted in pursuance of
subsection (2) of that section; or
(e) the President, acting in accordance with the advice of the
Prime Minister in the case of a Senator appointed in
accordance with that advice, or in accordance with the
advice of the Leader of the Opposition in the case of a
Senator appointed in accordance with that advice, or in his
discretion in the case of a Senator appointed by him in his

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discretion, declares the seat of that Senator to be vacant.

(3) Where circumstances such as are referred to in subsection
(2)(d) arise because a Senator is under sentence of death or imprisonment,
is mentally ill. declared bankrupt or convicted of an offence relating to
elections, and where it is open to the Senator to appeal against the
decision, either with the leave of a court or other authority or without such
leave, he shall forthwith cease to perform his functions as a Senator, so
however that, subject to the provisions of this section, he shall not vacate
his seat until the expiration of a period of thirty days thereafter.

(4) The President of the Senate may, from time to time, extend that
period for further periods of thirty days to enable the Senator to pursue an
appeal against the decision, so however that extensions of time exceeding
in the aggregate one hundred and fifty days shall not be given without the
approval, signified by resolution, of the Senate.

(5) Where on the determination of an appeal, such circumstances
continue to exist and no further appeal is open to the Senator, or where, by
reason of the expiration of any period for entering an appeal or notice
thereof or the refusal of leave to appeal or for any other reason, it ceases to
be open to the Senator to appeal, he shall forthwith vacate his seat.

(6) Where at any time before the Senator vacates his seat, such
circumstances as are mentioned in this section cease to exist, his seat shall
not become vacant on the expiration of the period referred to in subsection
(3) and he may resume the performance of his functions as a Senator.

Appointment of
temporary Senators. 44. (1)Where a Senator has temporarily vacated his office under
subsection (2) or is incapable of performing his functions as a Senator by
virtue of the provisions of section 43(3) or by reason of-
(a) his. Absence from Trinidad and Tobago; or
(b) illness,

the President may appoint a person qualified for appointment as a Senator
to be temporarily a member of the Senate during such vacation of office,
suspension, absence or illness.

(2) Where the President of the Senate or the Vice-President of the
Senate is acting as, or temporarily performing the functions of, President
in accordance with section 27 then, without prejudice to the power of the
Prime Minister, the Leader of the Opposition, or the President, as the case

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may be, with respect to appointments under section 40(2), the person
holding the office of President of the Senate or Vice-President of the
Senate shall vacate that office temporarily during such period as he is
acting as, or temporarily performing the functions of, President.

(3) Section 43(1) and (2) shall apply in relation to a person
appointed under this section as they apply in relation to a Senator, except
that paragraph (d) of the said subsection (2) shall apply as if it were not
expressed to be subject to subsection (3) of the said section 43, and in
appointment made under this section shall in any case cease to have effect
if the person appointed is notified by the President that the circumstances
giving rise to his appointment have ceased to exist.

(4) In the exercise of the powers conferred upon him by this
section the President shall act-
(a) in accordance with the advice of the Prime Minister in
relation to a Senator appointed in pursuance of section
40(2)(a);
(b) in accordance with the advice of the Leader of the
Opposition in relation to a Senator appointed in pursuance
of section 40(2)(b); and
(c) in accordance with his own judgment in relation to a
Senator appointed by him pursuant to section 40(2)(c).
President and Vice-
President of the
Senate. 45. (1) When the Senate first meets after any general election and
before it proceeds to the despatch of any other business, it shall elect a
Senator to be President of the Senate; and, if the office of President of the
Senate falls vacant at any time before the next dissolution of Parliament,
the Senate shall, as soon as practicable, elect another Senator to that office.

(2) When the Senate first meets after any general election and
before it proceeds to the despatch of any other business except the election
of the President of the Senate, it shall elect a Senator to be Vice-President
of the Senate; and if the office of Vice-President of the Senate falls vacant
at any time before the next dissolution of Parliament, the Senate shall, as
soon as convenient, elect another Senator to that office.

(3) The Senate shall not elect a Senator who is a Minister or
Parliamentary Secretary to be the President of the Senate or the Vice-
President of the Senate.

(4) A person shall vacate the office of President of the Senate or
Vice-President of the Senate where-

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(a) he ceases to be a Senator; so however that the President of
the Senate shall not vacate his office by reason only that he
has ceased to be a Senator on a dissolution of Parliament
until the Senate first meets after that dissolution;
(b) he is appointed to be a Minister or a Parliamentary
Secretary;
(c) he announces the resignation of his office to -the Senate or
where, by writing under his hand addressed, in the case of
the President of the Senate, to the Clerk of the Senate, and
in the case of the Vice-President of the Senate to the
President of the Senate (or, where the office of President
of the Senate is vacant or the President of the Senate is
absent from Trinidad and Tobago, to the Clerk of the
Senate), he resigns that office.

(5) Where, by virtue of section 43(3), the President of the Senate
or Vice-President of the Senate is required to cease to perform his
functions as a Senator. he shall also cease to perform his functions as
President of the Senate or Vice-President of the Senate as the case may be,
and those functions shall, until he vacates his seat in the Senate or resumes
the performance of the functions of his office, be performed—
(a) in the case of the President of the Senate, by the Vice-
President of the Senate or if the office of Vice-President of
the Senate is vacant or the Vice-President of the Senate is
required to cease to perform his functions as a Senator by
virtue of section 43(3), by such Senator, not being a
Minister or Parliamentary Secretary, as the Senate may
elect for the purpose;
(b) in the case of the Vice-President of the Senate, by such
Senator, not being a Minister or Parliamentary Secretary,
as the Senate may elect for the purpose.

(6) Where the President of the Senate or Vice-President of the
Senate resumes the performance of his functions as a Senator in
accordance with the provisions of section 43(6), he shall also resume the
performance of his functions as President of the Senate or Vice-President
of the Senate, as the case may be.

The House of Representatives

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Composition of
House of
Representatives. 46. (1) Subject to the provisions of this section, the House of
Representatives shall consist of members who shall be elected in the
manner provided by Parliament.

(2) There shall be thirty-six members of the House of
Representatives or such other number of members as corresponds with the
number of constituencies as provided for by an Order made by the
President under section 72.

(3) Where any person who is not a member of the House of
Representatives is elected to be Speaker of the House he shall, by virtue of
holding the office of Speaker, be a member of the House in addition to the
thirty-six or other number of members aforesaid.

Qualification for
election as member. 47. Subject to the provisions of section 48, a person shall be qualified
to be elected as a member of the House of Representatives if, and shall not
be qualified to be so elected unless, he-
(a) is a citizen of Trinidad and Tobago of the age of eighteen
years or upwards; and
(b) has resided in Trinidad and Tobago for a period of two
years immediately before the date of his nomination for
election or is domiciled and resident in Trinidad and
Tobago at that date.

Disqualifications for
election as member.

48. (1) No person shall be qualified to be elected as a member of the
House of Representatives who-
(a) is a citizen of a country other than Trinidad and Tobago
having become such a citizen voluntarily, or is under a
declaration of allegiance to such a country,
(b) is an undischarged bankrupt having been adjudged or
otherwise declared bankrupt under any law in force in
Trinidad and Tobago;
Ch. 28:02

(c) is mentally ill, within the meaning of the Mental Health Act;
(d) is under sentence of death imposed on him by a court or is
serving a sentence of imprisonment (by whatever name
called) exceeding twelve months imposed on him by a court
or substituted by competent authority for some other
sentence imposed on him by a court, or is under such a
sentence of imprisonment the execution of which has been
suspended;

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suspended;
(e) is disqualified for membership of the House of
Representatives by any law in force in Trinidad and Tobago
by reason of his holding, or acting in, any office the
functions of which involve-
(i) any responsibility for, or in connection with, the
conduct of any election; or
(ii) any responsibility for the compilation or revision of
any electoral register;
(f) is disqualified for membership of the House of
Representatives by virtue of any law in force in Trinidad
and Tobago by reason of his having been convicted of any
offence relating to elections; or
(g) is not qualified to be registered as an elector at a
Parliamentary election under any law in force in Trinidad
and Tobago.

(2) Parliament may provide that, subject to such exceptions and
limitations, if any, as may be prescribed. a person may be disqualified for
membership of the House of Representatives by virtue of-
(a) his holding or acting in any office or appointment (either
individually or by reference to a class of office or
appointment);
(b) his belonging to any of the armed forces of the State or to
any class of person that is comprised in any such force; or
(c) his belonging to any police force or to any class of person
that is comprised in any such force.

(3) For the purposes of paragraph (d) of subsection (1)—
(a) two or more sentences of imprisonment that are required to
be served consecutively shall be regarded as separate
sentences if none of those sentences exceeds twelve
months, but if any one of such sentences exceeds that term
they shall be regarded as one sentence; and
(b) no account shall be taken of a sentence of imprisonment
imposed as an alternative to or in default of the payment of
a fine.

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Tenure of Office of
members.
[15 of 1978]

49. (1) Every member of the House of Representatives shall vacate his
seat in the House at the next dissolution of Parliament after his election.
(2) A member of the House of Representatives shall also vacate his
seat in the House where-
(a) he resigns it by writing under his hand addressed to the
Speaker or, where the office of Speaker is vacant or the
Speaker is absent from Trinidad and Tobago, to the
Deputy Speaker;
(b) he is absent from the sittings of the House for such period
and in such circumstances as may be prescribed in the
rules of procedure of the House;
(c) he ceases to be a citizen of Trinidad and Tobago;
(d) subject to the provisions of subsection (3), any
circumstances arise that, if he were not a member of the
House of Representatives, would cause him to be
disqualified for election thereto by virtue of subsection (1)
of section 48 or any law enacted in pursuance of
subsection (2) of that section;
(e) having been a candidate of a party and elected to the
House, he resigns from or is expelled by that party.

(3) Where circumstances such as are referred to in paragraph (d) of
subsection (2) arise because any member of the House of Representatives
is under sentence of death or imprisonment, is mentally ill, declared
bankrupt or convicted of an offence relating to elections, and where it is
open to the member to appeal against the decision, either with the leave of
a court or other authority or without such leave, he shall forthwith cease to
perform his functions as a member of the House so however that, subject
to the provisions of this section, he shall not vacate his seat until the
expiration of a period of thirty days thereafter.

(4) The Speaker may, from time to time, extend that period for
further periods of thirty days to enable the member to pursue an appeal
against the decision, so however that extensions of time exceeding in the
aggregate one hundred and fifty days shall not be given without the
approval, signified by resolution, of the House.

(5) Where on the determination of any appeal, such circumstances
continue to exist and no further appeal is open to the member, or where, by
reason of the expiration of any period for entering an appeal or notice

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thereof or the refusal of leave to appeal or, for any other reason, it ceases
to be open to the member to appeal, he shall forthwith vacate his seat.

(6) Where at any time before the member of the House vacates his
seat such circumstances as are mentioned in this section cease to exist, his
seat shall not become vacant on the expiration of the period referred to in
subsection (3) and he may resume the performance of his functions as a
member of the House.
Vacation of seat
where member
resigns or is expelled.
[15 of 1978].

49A. (1) Where circumstances such as are referred to in section
49(2)(e) arise, the leader in the House of Representatives of the party as a
candidate of which the member was elected. shall so inform the Speaker in
writing of those circumstances and the Speaker shall, at the sitting of the
House of Representatives next after he is so informed, make a declaration
that the member has resigned from or has been expelled by the party, as
the case may be.

(2) Where within a period of fourteen days of the declaration by
the Speaker the member does not institute legal proceedings to challenge
the allegation that he has resigned or to challenge his expulsion, he shall
vacate his seat at the end of the said period of fourteen days.

(3) Where within fourteen days of the declaration by the
Speaker, the member institutes legal proceedings as aforesaid he shall not
vacate his seat unless and until either the proceedings are withdrawn or the
proceedings are finally determined by a decision upholding the resignation
or expulsion, the decision being one that is not open to appeal or in respect
of which the time allowed for an appeal has expired without an appeal
being filed.

(4) From the date of the declaration by the Speaker under
subsection (1) the member shall cease to perform his functions as a
member of the House of Representatives and he shall resume the
performance of such functions only if and when the legal proceedings
referred to in subsection (3) are finally determined within the meaning of
that subsection in favour of such member.

(5) Standing Orders shall make provision for the identification

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and recognition of the leader in the House of Representatives of every
party and for otherwise giving effect to this section.

Speaker and Deputy
Speaker.

50. (1) When the House of Representatives first meets after any
general election and before it proceeds to the despatch of any other
business, it shall elect a person to be the Speaker of the House; and if the
office of Speaker falls vacant at any time before the next dissolution of
Parliament, the House shall, as soon as practicable, elect another person to
that office.

(2) The Speaker may be elected either from among the members of
the House of Representatives who are not Ministers or Parliamentary
Secretaries or, subject to subsection (3), from among persons who are not
members of either House.

(3) A person who is not a member of either House shall not be
elected Speaker where-
(a) he is not a citizen of Trinidad and Tobago; or
(b) he is a person disqualified for election as a member of the
House of Representatives by virtue of subsection (1) of section 48 or any
law enacted in pursuance of subsection (2) of that section.

(4) When the House of Representatives first meets after any
general election and before it proceeds to the despatch of any other
business except the election of the Speaker, the House shall elect a
member of the House,’ who is not a Minister or a Parliamentary Secretary,
to be Deputy Speaker of the House; and if the office of Deputy Speaker
falls vacant at any time before the next dissolution of Parliament, the
House shall, as soon as practicable, elect another such member to that
office.

(5) A person shall vacate the office of Speaker or Deputy Speaker-
(a) in the case of a Speaker elected from among the members
of the House of Representatives or in the case of the
Deputy Speaker-
(i) where he ceases to be a member of the House, so
however that the Speaker shall not vacate his office by
reason only that he has ceased to be a member of the
House on a dissolution of Parliament, until the House
first meets after that dissolution;

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(ii) where he is appointed to be a Minister or a
Parliamentary Secretary;
(b) in the case of a Speaker elected from among persons who
are not members of either House-
(i) when the House first meets after any dissolution of
Parliament;
(ii) where he ceases to be a citizen of Trinidad and
Tobago; or
(iii) where any circumstances arise that would cause him
to be disqualified for election as a member of the
House by virtue of subsection (1) of section 48 or any
law enacted in pursuance of subsection (2) of that
section;
(c) where he announces the resignation of his office to the
House of Representatives or if by writing under his hand
addressed, in the case of the Speaker, to the Clerk of the
House and, in the case of the Deputy Speaker, to the
Speaker or, if the office of Speaker is vacant or the
Speaker is absent from Trinidad and Tobago, to the Clerk
of the House, he resigns that office; or
(d) in the case of the Deputy Speaker, where he is elected to
be Speaker.
(6) Where, by virtue of section 49(3), the Speaker or Deputy
Speaker is required to cease to perform his functions as a member of the
House of Representatives or where, in the case of the Speaker, by reason
of circumstances referred to in subsection (8) or (9), he has temporarily
vacated his office, he shall also cease to perform his functions as Speaker
or Deputy Speaker, as the case may be, and those functions shall, until he
vacates his seat in the House or resumes the performance of the functions
of his office, be performed-
(a) in the case of the Speaker, by the Deputy Speaker or, if the
office of Deputy Speaker is vacant or the Deputy Speaker
is required to cease to perform his functions as a member
of the House of Representatives by virtue of section 49(3),
by such member of the House, not being a Minister or
Parliamentary Secretary, as the House may elect for the
purpose;
(b) in the case of the Deputy Speaker, by such member of the
House, not being a Minister or Parliamentary Secretary, as

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the House may elect for the purpose.

(7) Where the Speaker or Deputy Speaker resumes the
performance of his functions as a member of the House in accordance with
the provisions of section 49(3), he shall also resume the performance of his
functions as Speaker or Deputy Speaker, as the ease may be.

(8) Where the Speaker is acting as or performing the functions of
President under section 27, he shall vacate the office of Speaker
temporarily during such period as he is acting as, or temporarily
performing the functions of, President.

(9) Upon delivery by the Clerk of the House to the Speaker of a
resolution signed by a majority of the members of the House that the
Speaker be removed from office, (hereinafter referred to as “the
resolution”) the Speaker shall vacate his office temporarily and cease to
perform his functions as Speaker.

(10) The resolution shall state the grounds on which the Speaker’s
removal from office is proposed.
(11) The Speaker may, within twenty-one days of the delivery of
the resolution, supply to the Clerk of the House in writing any grounds on
which he resists his removal from office, and the Clerk of the House shall
supply a copy thereof to each member of the House.
(12) Unless a motion in support of the resolution is moved in the
House-
(a) within fourteen days of the receipt by the Clerk of the
House of the grounds supplied by the Speaker; or

(b) where no such grounds have been supplied, within
fourteen days of the time prescribed therefor, the Speaker
shall resume the performance of his functions as
Speaker.
(13) For the purpose of subsection (9) a resolution left at the
office of the Speaker shall be deemed to be delivered at the time it is so
left.
(14) Where the motion in subsection (12) is passed, the Clerk of
the House shall within seven days of the passing of the motion referred to
in subsection (12) transmit the records of proceeding in the House to a
Special Tribunal comprising a Chairman and two other members appointed
by the President after consultation with the Prime Minister and the Leader
of the Opposition, (thereinafter referred to as “the Tribunal”).

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Qualifications of
voters. (15) The record shall include the resolution, the grounds supplied
by the Speaker and the speeches made by Members of the House upon
debate of the resolution.
(16) The Tribunal shall review the record and within twenty-one
(21) days of its receipt of the record shall make a recommendation to the
House accompanied by a brief statement of its reasons therefor either-
(a) Confirming that the Speaker should vacate office; or
(b) Withholding confirmation
(17) Where the Tribunal confirms that the Speaker should vacate
office the Speaker shall do so immediately upon delivery to him of the
confirmation of the Tribunal by the Clerk of the House.
(18) Where the Tribunal withholds confirmation the House by
resolution may resolve not to follow the recommendation of the Tribunal
and to confirm the motion that the Speaker should vacate office and where
such a resolution is passed the Speaker shall vacate his office immediately.
(19) During the period of review by the Tribunal the Speaker
shall not resume performance of his functions as Speaker
51. Subject to such disqualifications as Parliament may prescribe, a
person shall be qualified to vote at an election of members to serve in the
House of Representatives if, and shall not be qualified to vote at such an
election unless, he-
(a) is a Commonwealth citizen (within the meaning of section 18)
of the age of eighteen years or upwards; and
(b) has such other qualifications regarding residence or
registration as may be prescribed.

General

Determination of
questions as to
membership. 52. (1) Any question whether-
(a) any person has been validly appointed as a Senator or
validly elected as a member of the House of
Representatives;
(b) any Senator or member of the House of Representatives has
vacated his seat or is required, under the provisions of
section 43(3) or section 49(3), to cease to exercise any of
his functions as a Senator or as a member of the House of

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Representatives; or
(c) any person has been validly elected as Speaker of the House
of Representatives from among persons who are not
Senators or members of the House of Representatives, shall
be determined by the High Court.

(2) Proceedings for the determination of any question referred to in
subsection (1) shall not be instituted except with the leave of a Judge of
the High Court.

(3) An appeal shall lie to the Court of Appeal from-
(a) the decision of a Judge of the High Court granting or
refusing leave to institute proceedings for the determination
of any question referred to in subsection (1);
(b) the determination by the High Court of any such question.

(4) No appeal shall lie from any decision of the Court of Appeal given in
an appeal brought in accordance with subsection (3).

PART II

Powers, Privileges and Procedure of Parliament
Power to make laws.

10 and 11 Eliz. 2
c.54. 53. Parliament may make laws for the peace, order and good
government of Trinidad and Tobago,. so however that the provisions of
this Constitution or (in so far as it forms part of the law of Trinidad and
Tobago) the Trinidad and Tobago Independence Act 1962 of the United
Kingdom may not be altered except in accordance with the provisions of
section 54.

Alteration of this
Constitution.

10 and 11 Eliz. 2
c.54. 54. (1) Subject to the provisions of this section, Parliament may alter
any of the provisions of this Constitution or (in so far as it forms part of
the law of Trinidad and Tobago) any of the provisions of the Trinidad and
Tobago Independence Act 1962.

(2) In so far as it alters-
(a) sections 4 to 14, 20(b), 21,43(1), 53, 58, 67(2), 70, 83, 101
to 108, 110, 113, 116 to 125 and 133 to 137; or
(b) section 3 in its application to any of the provisions of this

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Constitution specified in paragraph (a),

a Bill for an Act under this section shall not be passed by Parliament
unless at the final vote thereon in each House it is supported by the votes
of not less than two-thirds of all the members of each House.

(3) In so far as it alters-
(a) this section;
(b) sections 22, 23, 24, 26, 28 to 34, 38 to 40, 46, 49(l), 51, 55,
61, 63, 64, 68, 69, 71, 72, 87 to 91, 93, 96(4) and (5), 97,
109, 115, 138, 139 or the Second and Third Schedules;
(c) section 3 in its application to any of the provisions specified
in paragraph (a) or (b); or
(d) any of the provisions of the Trinidad and Tobago
Independence Act. 1962,
a Bill for an Act under this section shall not be passed by Parliament
unless it is supported at the final vote thereon-
(i) in the House of Representatives, by the votes of not less
than three-fourths of all the members of the House; and
(ii) in the Senate, by the votes of not less than two-thirds of
all the members of the Senate.

(4) For the purposes of subsections (2) and (3) the number of
members of the Senate shall, even though circumstances requiring the
appointment of temporary members in accordance with section 44(1) have
arisen, continue to be the number of members specified in section 40(1).

(5) No Act other than an Act making provision for any particular
case or class of case, inconsistent with provisions of this Constitution, not
being those referred to in subsections (2) and (3), shall be construed as
altering any of the provisions of this Constitution, or (in so far as it forms
part of the law of Trinidad and Tobago) any of the provisions of the
Trinidad and Tobago Independence Act, 1962, unless it is stated in the Act
that it is an Act for that purpose.

(6) In this section references to the alteration of any of the
provisions of this Constitution or the Trinidad and Tobago Independence
Act, 1962, include references to repealing it, with or without re-enactment
thereof or the making of different provisions in place thereof or the making

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of provision for any particular case or class of case inconsistent therewith,
to modifying it and to suspending its operation for any period.

Privileges and
immunities of
Parliament. 55. (1) Subject to the provisions of this Constitution and to the rules
and standing orders regulating the procedure of the Senate and House of
Representatives, there shall be freedom of speech in the Senate and House
of Representatives.

(2) No civil or criminal proceedings may be instituted against any
member of either House for words spoken before, or written in a report to,
the House of which he is a member or in which he has a right of audience
under section 62 or a committee thereof or any joint committee or meeting
of the Senate and House of Representatives or by reason of any matter or
thing brought by him therein by petition, bill, resolution, motion or
otherwise; or for the publication by or under the authority of either House
of any report, paper, votes or proceedings.

(3) In other respects, the powers, privileges and immunities of each
House and of the members and the committees of each House, shall be
such as may from time to time be prescribed by Parliament after the
commencement of this Constitution and until so defined shall be those of
the House of Commons of the Parliament of the United Kingdom and of its
members and committees at the commencement of this Constitution.

(4) A person called to give any evidence before either House or
any committee shall enjoy the same privileges and immunities as a
member of either House.

Regulations of
procedure in each
House. 56. (1) Subject to the provisions of this Constitution, each House may
regulate its own procedure.

(2) Each House may act notwithstanding any vacancy in its
membership (including any vacancy not filled when the House first meets
after the commencement of this Constitution or after any dissolution of
Parliament), and the presence or participation of any person not entitled to
be present at or to participate in the proceedings of the House shall not
invalidate those proceedings.

Oath of allegiance.
First schedule. 57. No member of either House shall take part in the proceedings of
that House (other than proceedings necessary for the purposes of this
section) until he has made and subscribed before that House the oath of
allegiance, so however that the election of a Speaker and Deputy Speaker
of the House of Representatives and the election of a President of the

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Senate and Vice-President of the Senate may take place before the
members of the House of Representatives, or the members of the Senate,
as the case may be, have made and subscribed such oath.

Presiding in Senate
and House of
Representatives. 58. (1) The President of the Senate or, in his absence, the Vice-
President of the Senate or, where they are both absent ,a Senator, not being
a Minister or a Parliamentary Secretary, elected by the Senate for that
sitting shall preside at each sitting of the Senate.

(2) The Speaker or, in his absence, the Deputy Speaker or, where
they are both absent, a member of the House of Representatives, not being
a Minister or a Parliamentary Secretary, elected by the House for that
sitting shall preside at each sitting of the House.

(3) References in this section to Circumstances in which the
President of the Senate or Vice-President of the Senate, Speaker or Deputy
Speaker is absent include references to circumstances in which the office
of President of the Senate or Vice-President of the Senate, Speaker or
Deputy Speaker is vacant.

Voting. 59. (1) Save as otherwise provided in this Constitution, all questions
proposed for decision in either House shall be determined by a majority of
the votes of the members thereof present and voting.

(2) The President of the Senate or other member presiding in the
Senate shall not vote unless on any question the votes are equally divided,
in which case he shall have and exercise a casting vote.

(3) The Speaker or other member presiding in the House of
Representatives shall not vote unless on any question the votes are equally
divided, in which case he shall have and exercise a casting vote.

Quorum. 60. (1) A quorum of the House of Representatives shall consist of
twelve members of the House and a quorum of the Senate shall consist of
ten Senators, so however that the person presiding at the sitting of either
House shall not be included in reckoning whether there is a quorum of that
House present.

(2) Where at any sitting of either House any member of the House
who is present draws the attention of the person presiding at the sitting of
the absence of a quorum and, after such interval as may be prescribed by
that House, the person presiding at the sitting ascertains that a quorum of
the House is still not present, the House shall be adjourned.

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Mode of exercising
legislative power. 61. (1) Subject to the provisions of this Constitution, the power of
Parliament to make laws shall, except where otherwise authorised by
statute, be exercised by Bills passed by the House of Representatives and
the Senate and assented to by the President.
(2) When a Bill is presented to the President for assent, he shall
signify that he assents or that he withholds assent.
(3) A Bill shall not become law unless it has been duly passed and
assented to in accordance with this Constitution.
(4)A Bill may be assented to during the period occurring between
the end of one session of Parliament and the beginning of the next or at
any subsequent time during the life of that Parliament.

Attendance of
Ministers in either
House. 62. (1) A Minister who is a Member of the House of Representatives
and a Minister who is a Senator-
(a) has the right to attend any sitting of the Senate or the
House of Representatives, respectively,
(b) may be required at the instance of the President of the
Senate or the Speaker to attend any sitting of the Senate or
the House of Representatives, respectively.

(2) A Minister may not be required to attend any sitting of either
House under subsection l(b) except on the adoption by that House of a
motion for the purpose.
(3) A Minister attending any sitting of the Senate or the House of
Representatives under subsection (1) may take part in any debate or other
proceedings concerning matters falling within his portfolio in such House
and may speak on any motion before the House concerning such matters
and move amendments to any such motions, save that such a Minister shall
have no vote thereon.
(4) Nothing in this section shall preclude the Attorney General
from attending any sitting of the Senate or the House of Representatives,
as the case may be, and taking part in debates and other proceedings and
speaking on any motion before any such House, as the case may be, and
moving amendments to any such motions even though the matter falls
within the portfolio of some other Minister.

Introduction of Bills,
etc.
63. (1) A Bill other than a Money Bill may be introduced in either
House; a Money Bill shall not be introduced in the Senate.
(2) Except on the recommendation or with the consent of the

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Cabinet neither House shall
(a) proceed upon any Bill, including any amendment to a Bill,
which, in the opinion of the person presiding, makes
provision for any of the following purposes’
(i) for imposing or increasing any tax;
(ii) for imposing or increasing any charge on the revenues
or other funds of Trinidad and Tobago or for altering
any such charge otherwise than by reducing it; or
(iii) for compounding or remitting any debt due to
Trinidad and Tobago;
(b) proceed upon any motion, including any amendment to a
motion, the effect of which, in the opinion of the person
presiding, would be to make provision for any of the
purposes aforesaid; or
(c) receive any petition which, in the opinion of the person
presiding. requests that provision be made for any of the
purposes aforesaid.

Restrictions on
powers of Senate as
to Money Bills.

64. (1) Where a Money Bill, having been passed by the House of
Representatives and sent to the Senate at least one month before the end of
the session, is not passed by the Senate without amendment within one
month after it is sent to the Senate, the Bill shall, unless the House of
Representatives otherwise resolves, be presented to the President for
assent notwithstanding that the Senate has not consented to the Bill.
(2) There shall be endorsed on every Money Bill when it is sent to
the Senate the certificate of the Speaker signed by him that it is a Money
Bill; and there shall be endorsed on any Money Bill that is presented to the
President for assent in pursuance of subsection (1). the certificate of the
Speaker signed by him that it is a Money Bill and that the provisions of
that subsection have been complied with.

Restrictions on
powers of Senate as
to Bills other than
Money Bills. 65. (1) Where any Bill other than a Money Bill is passed by the House
of Representatives in two successive sessions, whether or not Parliament is
dissolved between those sessions, and, having been sent to the Senate in
each of those sessions at least one month before the end of the session, is
rejected by the Senate in each of those sessions, that Bill shall, on its
rejection for the second time by the Senate, unless the House of
Representatives otherwise resolves, be presented to the President for
assent notwithstanding that the Senate has not consented to the Bill.
(2) Nothing in subsection (1) shall have effect until at least six

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months have elapsed between the date on which the Bill is passed by the
House of Representatives in the first session and the date on which it is
passed by that House in the second session.
(3) For the purposes of this section a Bill that is sent to the Senate
from the House of Representatives in any session shall be deemed to be
the same Bill as a former Bill sent to the Senate in the preceding session if,
when it is sent to the Senate, it is identical with the former Bill or contains
only such alterations as are certified by the Speaker to be necessary owing
to the time that has elapsed since the date of the former Bill or to represent
any amendments which have been made by the Senate in the former Bill in
the preceding session.
(4) The House of Representatives may, if it thinks fit, on the
passage through that House of a Bill that is seemed to be the same Bill as a
former Bill sent to the Senate in the preceding session, suggest any
amendments without inserting the amendments in the Bill, and any such
amendments shall be considered by the Senate and, if agreed to by the
Senate, shall be treated as amendments made by the Senate and agreed to
by the House of Representatives; but the exercise of this power by the
House of Representatives shall not affect the operation of this section in
the event of the rejection of the Bill in the Senate.
(5) For the purposes of this section, a Bill shall be deemed to be
rejected by the Senate where-
(a) it is not passed by the Senate without amendments; or
(b) it is passed by the Senate with any amendment that is not
agreed to by the House of Representatives.
(6) There shall be inserted in any Bill that is presented to the
President for assent in pursuance of this section any amendments that are
certified by the Speaker to nave been made in the Bill by the Senate in the
second session and agreed to by the House of Representatives.
(7) There shall be endorsed on any Bill that is presented to the
President for assent in pursuance of this section the certificate of the
Speaker signed by him that the provisions of this section have been
complied with.
(8) The provisions of this section shall not apply to a Bill for an
Act which is required by section 13 or section 54 to be supported at the
final vote thereon in the Senate by the votes of not less than three-fifths or
two-thirds, respectively, of all the members of the Senate.

66. (1) In sections 63, 64 and 65 “Money Bill” means a public Bill
which, in the opinion of the Speaker, contains only provisions dealing with
all or any of the following matters, namely

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(a) the imposition, repeal, remission, alteration or regulation of
taxation;
(b) the imposition, for the payment of debt or other financial
purposes, of charges on public money or the variation or
repeal of any such charges;
(c) the grant of money to the State or to any authority or
person, or the variation or revocation of any such grant;
(d) the appropriation, receipt, custody, investment, issue or
audit of accounts of public money;
(e) the raising or guarantee of any loan or the repayment
thereof, or the establishment, alteration, administration or
abolition of any sinking fund provided in connection with
any such loan; or
(f) subordinate matters incidental to any of the matters referred
to in this subsection.
(2) In subsection (1) the expressions “taxation”, “debt”, “public
money” and “loan” do not include any taxation imposed, debt incurred Or
money provided or loan raised by any local authority or body for local
purposes.
(3) Where the office of Speaker is vacant or the Speaker is for any
reason unable to perform any function conferred upon him by section 64 or
65 or subsection (1), that function may be performed by the Deputy
Speaker.
(4) A certificate of the Speaker or the Deputy Speaker under
section 64 or 65 shall be conclusive for all purposes and shall not be
questioned in any court.
(5) Before giving any certificate under section 64 or 65, the
Speaker or the Deputy Speaker, as the case may be, shall consult the
Attorney General or, if the Attorney General is absent from the seat of
government, such legal officer in the Ministry of Legal Affairs as the
Attorney General may designate for that purpose.
66 A. (1) Subject to subsection (2), it is hereby declared that-

(a) in addition to any other Joint Select Committee which
Parliament is empowered to appoint under its Standing
Orders, Parliament shall, within calendar month-
(i) after the commencement of the Constitution
(Amendment) Act, 1999;
(ii) of the first meeting of the House of
Representatives after any General Election,

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or such time as the Parliament may resolve not being later
than three months thereafter, appoint Joint Select
Committees, to inquire into and report to both Houses of
Parliament in respect of-
(A) Government Ministries;
(B) Municipal Corporations;
(C) Statutory Authorities;
(D) Enterprises owned or controlled by or on
behalf of the State or which received funding
from the State or more than two thirds of its
total income in any one year; and
(E) Service Commissions,
In relation to their administration, the manner of the exercise of
their powers, their methods of functioning and any criteria
adopted by them in the exercise of their powers and functions;

(b) for the purpose of this section, an enterprise shall be taken
to be controlled by the State if the Government or any
body
controlled by the Government-
(i) exercise or is entitled to exercise control directly or
indirectly over the affairs of the enterprise;
(ii) is entitled to appoint a majority of the directors of
the Board of Directors of the enterprise; or
(iii) holds at least fifty per cent of the ordinary share
capital of the enterprise,
as the case may be;

(c) a Committee appointed for the purpose set out in
paragraph (a) may-
(i) appoint sub-committees from among its members
and delegate any of its powers to such sub-committee;
(ii) adjourn from place to place;
(iii) appoint specialist advisers to assist them in their
deliberations;

(d) subject to any order of the House or resolution of a
Committee, the sitting of a Committee shall be held in
public;

(e) a Committee appointed for the purpose set out in paragraph
(a) shall make a report of its opinion and observations

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which shall be laid in both in both Houses of Parliament.

(2) A Joint Select Committee in exercising its powers under
subsection (1) shall not enquire into the validity of the exercise of the
functions of a body referred to in subsection (1) (a) nor modify, alter,
rescind or in any way interfere with the decisions of any such body.
(3) Subject to this section, the Standing Orders, of the Senate and
the House of Representatives shall apply to a Committee appointed under
this section.
(4) Subject to the Standing Orders, of Parliament, a Committee
may regulate its own procedure

Report of Service
Commission

Applicability of the
Judicial and Legal
Service Commission

Report of
Government
Ministries etc 66 B Each Service Commission shall submit to the President, before 1 st
October in each year, a report on its administration, the manner of the
exercise of its powers, its methods of functioning and any criteria adopted
by it in the exercise of its powers and functions in the previous year and
the President shall cause the report to be laid within sixty days thereafter
in each Houses.

66
C (1) Section 66A and 66B shall not apply to the Judicial and Legal
Service Commission
(2) The Judicial and Legal Service Commission shall submit to
the President1`befor 1
st October, in each year, commencing in the year
2000, a report on the exercise of its functions and powers in the previous
year, describing the procedures followed and any criteria adopted by it in
connection therewith, and the President shall cause the report to be laid
within sixty days thereafter in each House.

66
D A Body listed at (A) to (D) in 66A (1) (a) shall submit to the
President before 1 st July, in each year a report on the exercise of its
functions and powers in the previous year, describing the procedures
followed and any criteria adopted by it in connection therewith, and the
President shall cause the report to be laid within sixty days thereafter in
each House.

PART III

Summoning, Prorogation and Dissolution

Sessions of
Parliament. 67. (1) Each session of Parliament shall be held at such place within
Trinidad and Tobago and shall commence at such time as the President
may by Proclamation appoint.

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(2) There shall be a session of each House once at least in every
year, so that a period of six months shall not intervene between the last
sitting of Parliament in one session and the first sitting thereof in the next
session.

Prorogation and
dissolution of
Parliament. 68. (1) The President, acting in accordance with the advice of the Pri m
Minister, may at any time prorogue or dissolve Parliament.
(2) Subject to subsection (3), Parliament, unless sooner dissolved.
shall continue for five years from the date of its first sitting after any
dissolution, and shall then stand dissolved.
(3) At any time when Trinidad and Tobago is at war, Parliament
may extend the period of five years specified in subsection (2) for not
more than twelve months at a time; so however that the life of Parliament
shall net be extended under this subsection for more than five years.
(4) Where, between a dissolution of Parliament and the next
ensuing general election of members to the House of Representatives, an
emergency arises of such a nature that in the opinion of the Prime Minister
it is necessary for the two Houses to be summoned before that general
election can be held, the President, acting in accordance with the advice of
the Prime Minister, may summon the two Houses of the preceding
Parliament but the election of members of the House of Representatives
shall proceed and the Parliament that has been summoned shall, if not
sooner dissolved, again stand dissolved on the day on which the general
election is held.

General elections and
appointment of
Senators.
[16 of 1978]. 69. (1) A general election of members of the House of Representatives
shall be held at such time within three months after every dissolution of
Parliament as the President, acting in accordance with the advice of the
Prime Minister, shall appoint.
(2) As soon as practicable after every general election, the
President shall proceed under section 40 to the appointment of Senators.
(3) Where a vacancy occurs in the House of Representatives within
the first four years of the life of the Parliament a bye-election shall be held
to fill such vacancy not later than ninety days from the date of the
announcement by the Speaker of the vacancy.

PART IV

Elections and Boundaries Commission

Constituencies. 70. (1) Trinidad and Tobago shall be divided into thirty-six
constituencies or such other number as may be provided for by an Order

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made by the President in accordance with the provisions of this Part and
each such constituency shall return one member to the House of
Representatives.
(2) Not less than two such constituencies shall be in the Island of
Tobago.
Elections and
Boundaries
Commission. 71. (1) There shall be an Elections and Boundaries Commission for
Trinidad and Tobago (in this Part referred to as “the Commission”).
(2) The members of the Commission shall be a Chairman and not
less than two nor more than four other members.
(3) The Chairman and other members of the Commission shall be
appointed by the President, after consultation with the Prime Minister and
the Leader of the Opposition.
(4) A person shall not be qualified to hold office as a member of
the Commission who is a Minister, a Parliamentary Secretary, a member of
the House of Representatives, a Senator, a temporary member of the
Senate, or a public officer.
(5) Subject to the provisions of this section, a member of the
Commission shall vacate his office-
(a) at the expiration of five years from the date of his
appointment, but is eligible for re-appointment; or
(b) where any circumstances arise that, if he were not a
member of the Commission, would cause him to be
disqualified for appointment as such.

(6) Three members of the Commission shall constitute a quorum.
(7) Where there is a quorum, the Commission shall not be
disqualified for the transaction of business by reason of any vacancy
among its members, and any proceeding of the Commission shall be valid
even though some person who was not entitled to do so took part therein.
(8) The Commission may regulate its own procedure.
(9) The Commission shall be provided with a staff adequate for the
efficient discharge of its functions.
(10) The salaries and allowances of the staff of the Commission
shall be a charge on the Consolidated Fund.
(11) The registration of voters and the conduct of elections in
every constituency shall be subject to the direction and supervision of the
Commission.
(12) In the exercise of its functions under this section the
Commission shall not be subject to the direction or control of any other
person or authority.

Procedure for review ftit 72. (1) The Commission shall, in accordance with the provisions of

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of constituency
boundaries.

Second Schedule. this section, review the number and boundaries of the constituencies into
which Trinidad and Tobago is divided and submit to the Prime Minister
and the Speaker for presentation to the House of Representatives in
accordance with this section reports either-
(a) showing the constituencies into which it recommends that
Trinidad and Tobago should be divided in order to give
effect to the rules set out in the Second Schedule; or
(b) stating that, in the opinion of the Commission, no alteration
is required to the existing number or boundaries of
constituencies in order to give effect to the said rules.

(2) Reports under subsection (1) shall be submitted by the
Commission not less than two nor more than five years from the date of
the submission of its last report.
(3) As soon as may be after the Commission has submitted a report
under subsection (1)(a) the Minister designated by the Prime Minister for
this purpose (in this section called “the Minister”) shall lay before the
House of Representatives for its approval the draft of an Order by the
President for giving effect, whether with or without modifications, to the
recommendations contained in the report, and that draft may make
provision for any matters which appear to the Minister to be incidental to
or consequential upon the other provisions of the draft.
(4) Where any draft made under. this section gives effect to any
such recommendations with modifications, the Minister shall lay before
the House of Representatives together with the draft a statement of the
reasons for the modifications.
(5) Where the motion for the approval of any draft made under this
section is rejected by the House of Representatives, or is withdrawn by
leave of that House, the Minister shall amend the draft and lay the
amended draft before the House of Representatives.
(6) Where any draft made under this section is approved by
resolution of the House of Representatives, the Minister shall submit it to
the President who shall make the Order in terms of the draft; and that
Order shall come into force on such day as may be specified therein and,
until revoked by a further Order made by the President in accordance with
the provisions of this section, shall have the force of law.
(7) The question of the validity of any Order by the President
purporting to be made under this section and reciting that a draft thereof
has been approved by resolution of the House of Representatives shall not
be enquired into in any court.

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PART V

System of Balloting

System of balloting. 73. (1) The election of members of the House of Representatives shall
be by secret ballot and in accordance with the first past-the-post system.

(2) For the purposes of subsection (1), the votes shall be cast in
ballot boxes of a design calculated to ensure their efficiency and
reliability.

CHAPTER 5

EXECUTIVE POWERS

Executive authority
of Trinidad and
Tobago. 74. (1) The executive authority of Trinidad and Tobago shall be vested
in the President and, subject to this Constitution, may be exercised by him
either directly or through officers subordinate to him.

(2) Without prejudice to the generality of subsection (1), the
supreme command of the armed forces of Trinidad and Tobago shall be
vested in the President and the exercise of this power shall be regulated by
law.
(3) Nothing in this section shall prevent Parliament from
conferring functions on persons or authorities other than the President.

The Cabinet. 75. (1) There shall be a Cabinet for Trinidad and Tobago which shall
have the general direction and control of the government of Trinidad and
Tobago and shall be collectively responsible therefor to Parliament.
(2) The Cabinet shall consist of the Prime Minister and such
number of other Ministers (of whom one shall be the Attorney General),
appointed in accordance with the provisions of section 76, as the Prime
Minister may consider appropriate.

Appointment of
Ministers. 76. (1) Where there is occasion for the appointment of a Prime
Minister, the President shall appoint as Prime Minister-
(a) a member of the House of Representatives who is the
Leader in that House of the party which commands the
support of the majority of members of that House; or

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(b) where it appears to him that that party does not have an
undisputed leader in that House or that no party commands
the support of such a majority, the member of the House of
Representatives who, in his judgment, is most likely to
command the support of the majority of members of that
House;
and who is willing to accept the office of Prime Minister.

(2) The Attorney General shall, subject to section 79, be
responsible for the administration of legal affairs in Trinidad and Tobago
and legal proceedings for and against the State shall be taken-
(a) in the case of civil proceedings, in the name of the Attorney
General;
(b) in the case of criminal proceedings, in the name of the
State.

(3) The Ministers other than the Prime Minister shall be such
persons as the President, acting in accordance with the advice of the Prime
Minister. shall appoint from among the members of the House of
Representatives and the Senators.

(4) Where occasion arises for making an appointment to the office
of Prime Minister while Parliament is dissolved, a person, who at the time
of the appointment is a Minister, may be appointed as Prime Minister.

(5) Where occasion arises for making an appointment to the office
of Minister while Parliament is dissolved, a person who immediately
before the dissolution, was a Senator or a member of the House of
Representatives may be appointed Minister.

Tenure of office of
Ministers. 77. (1) Where the House of Representatives passes a resolution,
supported by the votes of a majority of all the members of the House,
declaring that it has no confidence in the Prime Minister and the Prime
Minister does not within seven days of the passing of such a resolution
either resign or advise the President to dissolve Parliament, the President
shall revoke the appointment of the Prime Minister.

(2) The Prime Minister shall also vacate his office-
(a) when after any dissolution of Parliament he is informed by
the President that the President is about to re-appoint him
as Prime Minister or to appoint another person as Prime

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Minister; or
(b) where for any reason other than a dissolution of
Parliament he ceases to be a member of the House of
Representatives.

(3) A Minister other than the Prime Minister shall vacate his
office-
(a) when any person is appointed or reappointed as Prime
Minister;
(b) where for any reason other than a dissolution of
Parliament he ceases to be a member of the House from
among the members of which he was appointed;
(c) where his appointment is revoked by the President acting
in accordance with the advice of the Prime Minister.

(4) Where at any time the Prime Minister is required under the
provisions of section 49(3) to cease to perform his functions as a member
of the House of Representatives, he shall cease during such time to
perform any of his functions as Prime Minister.

(5) Where at any time a Minister other than the Prime Minister is
required under section 43(3) or section 49(3) to cease to perform his
functions as a member of the House to which he belongs, he shall cease
during such time to perform any of his functions as Minister.

Performance of
functions of Prime
Minister during
absence, illness or
suspension. 78. (1) Where the Prime Minister is absent from Trinidad and Tobago
or is unable by reason of illness or of the provisions of section 77(4) to
perform the functions conferred on him by this Constitution, the President
may authorise some other member of the Cabinet to perform those
functions (other than the functions conferred by subsection (2)) and that
member may perform those functions until his authority is revoked by the
President.
(2) The powers of the President under this section shall be
exercised by him in accordance with the advice of the Prime Minister, save
that where the President considers that it is impracticable to obtain the
advice of the Prime Minister owing to his absence or illness, or where the
Prime Minister is unable to tender advice by reason of the provisions of
section 77(4) the President may exercise those powers without the advice
of the Prime Minister.

Allocation of Ptfli t 79. (1) The President, acting in accordance with the advice of the

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Portfolios to
Ministers. Prime Minister, may, by directions in writing, assign to the Prime Minister
or any other Minister responsibility for any business of the government of
Trinidad and Tobago, including the administration of any department of
government.
(2) Where a Minister is incapable of performing his functions by
reason of his absence from Trinidad and Tobago or by reason of illness the
President, acting in accordance with the advice of the Prime Minister, may
appoint a member of the House of Representatives or a Senator to act in
the office of such Minister during such absence or illness.

Exercise of
President’s functions. 80. (1) In the exercise of his functions under this Constitution or any
other law, the President shall act in accordance with the advice of the
Cabinet or a Minister acting under the general authority of the Cabinet,
except in cases where other provision is made by this Constitution or such
other law, and, without prejudice to the generality of this exception, in
cases where by this Constitution or such other law he is required to act-
(a) in his discretion;
(b) after consultation with any person or authority other than
the Cabinet; or
(c) in accordance with the advice of any person or authority
other than the Cabinet.

(2) Where by this Constitution the President is required to act in
accordance with the advice of, or after consultation with, any person or
authority, the question whether he has in any case so acted shall not be
enquired into in any court.
(3) Without prejudice to any other case in which the President is
authorised or required to act in his discretion, the President shall act in
accordance with his own deliberate judgment in the performance of the
following functions:
(a) in the exercise of the power to appoint the Prime Minister
conferred upon him by section 76(1) or (4);
(b) in the exercise of the powers conferred upon him by section
78 (which relates to the performance of the functions of
the Prime Minister during absence, illness or suspension)
in the circumstances described in the proviso to subsection
(2) of that section;
(c) in the exercise of the power to appoint the Leader of the
Opposition and to revoke any such appointment conferred
upon him by section 83.

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President to be
informed concerning
matters of
government. 81. The Prime Minister shall keep the President fully informed
concerning the general conduct of the government of Trinidad and Tobago
and shall furnish the President with such information as he may request
with respect to any particular matter relating to the government of Trinidad
and Tobago.

Parliamentary
Secretaries. 82. (1) The President, acting in accordance with the advice of the
Prime Minister, may appoint Parliamentary Secretaries from among the
Senators and members of the House of Representatives to assist Ministers
in the performance of their duties.

(2) Where occasion arises for making an appointment while
Parliament is dissolved, a person who was a Senator or a member of the
House of Representatives immediately before the dissolution may be
appointed as a Parliamentary Secretary.

(3) The office of a Parliamentary Secretary shall become vacant-
(a) where for any reason other than a dissolution of Parliament
he ceases to be a member of the House from among the
members of which he was appointed;
(b) upon the appointment or re-appointment of any person as
Prime Minister; or
(c) where the President, acting in accordance with the advice
of the Prime Minister, so directs.

Leader of the
Opposition. 83. (1) There shall be an office of Leader of the Opposition and
appointments thereto shall be made by the President.

(2) The President shall, if the person concerned is willing to be
appointed, appoint as Leader of the Opposition the member of the House
of Representatives who, in his judgment, is best able to command the
support of the greatest number of members of the House of
Representatives who do not support the Government.

(3) The office of Leader of the Opposition shall become vacant
where-
(a) he resigns his office;
(b) the holder thereof ceases to be a member of the House of
Representatives for any cause other than a dissolution of

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Parliament;
(c) he is not a member of the House of Representatives when
the House of Representatives first meets after a
dissolution of Parliament;
(d) by virtue of section 49(3) he is required to cease to
exercise his functions as a member of the House of
Representatives;
(e) he is appointed to the office of Prime Minister; or
(f) his appointment is revoked under the provisions of
subsection (4).

(4) Where in the judgment of the President, the Leader of the
Opposition is no longer the member of the House of Representatives best
able to command the support of a majority of those members of the House
of Representatives who do not support the Government, the President shall
revoke the appointment of the Leader of the Opposition.

(5) Nothing in subsection (4) shall apply while Parliament is
dissolved.

(6) Where the office of Leader of the Opposition is vacant,
whether because there is no member of the House of Representatives so
qualified for appointment or because no one qualified for appointment is
willing to be appointed, or because the Leader of the Opposition has
resigned his office or for any other reason, any provision in this
Constitution requiring consultation with the Leader of the Opposition
shall, in so far as it requires such consultation, be of no effect.

Oaths to be taken by
Ministers, etc.
First Schedule. 84. A Minister or a Parliamentary Secretary shall not enter upon the
duties of his office unless he has taken and subscribed the oath of
allegiance and oath for the due execution of his office.

Permanent
Secretaries. 85. (1) Where any Minister has been assigned responsibility !or any
department of government, he shall exercise general direction and control
over that department; and, subject to such direction and control, the
department shall be under the supervision of a Permanent Secretary whose
office shall be a public office.

(2) For the purposes of this section-
(a) two or more government departments may be placed under

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the supervision of one Permanent Secretary; or
(b) two or more Permanent Secretaries may supervise any
department of government assigned to a Minister.

Constitution of
offices, etc. 86. Subject to the provisions of this Constitution and of any enactment,
the President may constitute offices for Trinidad and Tobago, make
appointments to any such office and terminate any such appointment.

Power of pardon, etc. 87. (1) The President may grant to any person a pardon, either free or
subject to lawful conditions, respecting any offences that he may have
committed. The power of the President under this subsection may be
exercised by him either before or after the person is charged with any
offence and before he is convicted thereof.

(2) The President may-
(a) grant to any person convicted of any offence against the
law of Trinidad and Tobago a pardon, either free or
subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a
specified period, from the execution of any punishment
imposed on that person for such an offence;
(c) substitute a less severe form of punishment for that
imposed by any sentence for such an offence; or
(d) remit the whole or any part of any sentence passed for such
an offence or any penalty or forfeiture otherwise due to the
State on account of such an offence.

(3) The power of the President under subsection (2) may be
exercised by him in accordance with the advice of a Minister designated
by him, acting in accordance with the advice of the Prime Minister.

Advisory Committee
on power of pardon. 88. There shall be an Advisory Committee on the Power of Pardon
which shall consist of—
(a) the Minister referred to in section 87(3) who shall be
Chairman;
(b) the Attorney General;
(c) the Director of Public Prosecutions;
(d) not more than four other members appointed by the

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President, after consultation with the Prime Minister and
the Leader of the Opposition.

Functions of
Advisory Committee. 89. (1) Where an offender has been sentenced to death by any court for
an offence against the law of Trinidad and Tobago, the Minister shall
cause a written report of the case from the trial judge, together with such
other information derived from the record of the case or elsewhere as the
Minister may require, to be taken into consideration at a meeting of the
Advisory Committee.

(2) The Minister may consult with the Advisory Committee before
tendering any advice to the President under section 87(3) in any case not
falling within subsection (1).

(3) The Minister shall not be obliged in any case to act in
accordance with the advice of the Advisory Committee.

(4) The Advisory Committee may regulate its own procedure.

(5) In this section “the Minister” means the Minister referred to in
section 87(3).

CHAPTER 6

THE DIRECTOR OF PUBLIC PROSECUTIONS AND THE
OMBUDSMAN

PART I

Director of Public Prosecutions

Appointment, tenure
and functions. 90. (1) The provisions of this section shall, subject to section 76(2)
have effect with respect to the conduct of prosecutions.

(2) There shall be a Director of Public Prosecutions for Trinidad
and Tobago whose office shall be a public office.

(3) The Director of Public Prosecutions shall have power in any
case in which he considers it proper to do so-
(a) to institute and undertake criminal proceedings against any

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person before any court in respect of any offence against
the law of Trinidad and Tobago;
(b) to take over and continue any such criminal proceedings
that may have been instituted by any other person or
authority;
(c) to discontinue at any stage before judgment is delivered
any such criminal proceedings instituted or undertaken by
himself or any other person or authority.

(4) The powers conferred upon the Director of Public Prosecutions
by subsection (3)(b) and (c) shall be vested in him to the exclusion of the
person or authority who instituted or undertook the criminal proceedings,
except that a person or authority that has instituted criminal proceedings
may withdraw them at any stage before the person against whom the
proceedings have been instituted has been charged before the Court.

(5) For the purposes of this section a reference to criminal
proceedings includes an appeal from the determination of any court in
criminal proceedings or a case stated or a question of law reserved in
respect of those proceedings.

(6) The functions of the Director of Public Prosecutions under
subsection (3) may be exercised by him in person or through other persons
acting under and in accordance with his general or special instructions.

PART II

Ombudsman

Appointment and
conditions of office. 91. (1) There shall be an Ombudsman for Trinidad and Tobago who
shall be an officer of Parliament and who shall not hold any other office of
emolument whether in the public service or otherwise nor engage in any
occupation for reward other than the duties of his office.

(2) The Ombudsman shall be appointed by the President after
consultation with the Prime Minister and the Leader of the Opposition.

(3) The Ombudsman shall hold office for a term not exceeding five
years and is eligible for re-appointment.

(4) Subject to subsection (3), the Ombudsman shall hold office in

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accordance with section 136.

First Schedule. (5) Before entering upon the duties of his office, the Ombudsman
shall take and subscribe the oath of office before the Speaker of the House
of Representatives.

Appointment of staff
of Ombudsman. 92. (1) The Ombudsman shall be provided with a staff adequate for the
efficient discharge of his functions.

(2)The staff of the Ombudsman shall be public officers appointed
in accordance with section 121(8).

Functions of
Ombudsman. 93. (1) Subject to this section and to sections 94 and 95, the principal
function of the Ombudsman shall be to investigate any decision or
recommendation made, including any advice given or recommendation
made to a Minister, or any act done or omitted by any department of
Government or any other authority to which this section applies, or by
officers or members of such a department or authority, being action taken
in exercise of the administrative functions of that department or authority.

(2) The Ombudsman may investigate any such matter in any of the
following circumstances:
(a) where a complaint is duly made to the Ombudsman by any
person alleging that the complainant has sustained an
injustice as a result of a fault in administration;
(b) where a member of the House of Representatives requests
the Ombudsman to investigate the matter on the ground
that a person or body of persons specified in the request
has or may have sustained such injustice;
(c) in any other circumstances in which the Ombudsman
considers that he ought to investigate the matter on the
ground that some person or body of persons has or may
have sustained such injustice.

(3) The authorities other than departments of Government to which
this section applies are-
(a) local authorities or other bodies established for purposes of
the public service or of local Government;
(b) authorities or bodies the majority of whose members are
appointed by the President or by a Minister or whose

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revenues consist wholly or mainly of moneys provided out
of public funds;
(c) any authority empowered to determine the person with
whom any contract shall be entered into by or on behalf of
Government;
(d) such other authorities as may be prescribed.

Restrictions on
matters for
investigation. 94. (1) In investigating any matter leading to, resulting from or
connected with the decision of a Minister, the Ombudsman shall not
inquire into or question the policy of the Minister in accordance with
which the decision was made.

(2) The Ombudsman shall have power to investigate complaints
of administrative injustice under section 93 notwithstanding that such
complaints raise questions as to the integrity or corruption of the public
service or any department or office of the public service, and may
investigate any conditions resulting from, or calculated to facilitate or
encourage corruption in the public service, but he shall not undertake any
investigation into specific charges of corruption against individuals.

(3) Where in the course of an investigation it appears to the
Ombudsman that there is evidence of any corrupt act by any public officer
or by any person in connection with the public service. he shall report the
matter to the appropriate authority with his recommendation as to any
further investigation he may consider proper.

(4) The Ombudsman shall not investigate—
(a) any action in respect of which the complainant has or
had—
(i) a remedy by way of proceedings in a court; or
(ii) a right of appeal reference or review to or before an
independent and impartial tribunal other than a court;
or

Third Schedule. (b) any such action, or action taken with respect to any matter,
as is described in the Third Schedule.

(5) Notwithstanding subsection (4) the Ombudsman—
(a) may investigate a matter notwithstanding that the
complainant has or had a remedy by way of proceedings

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in a court, if satisfied that in the particular circumstances
it is not reasonable to expect him to take or to have taken
such proceedings;
(b) is not in any case precluded from investigating any matter by
reason only that it is open to the complainant to apply to the High Court
for redress under section 14 (which relates to redress for contravention of
the provisions for the protection of fundamental rights).

Discretion of
Ombudsman. 95. In determining whether to initiate, continue or discontinue an
investigation, the Ombudsman shall, subject to sections 93 and 94, act in
his discretion and, in particular and without prejudice to the generality of
this discretion, the Ombudsman may refuse to initiate or may discontinue
an investigation where it appears to him that-
(a) a complaint relates to action of which the complainant has
knowledge for more than twelve months before the
complaint was received by the Ombudsman;
(b) the subject matter of the complaint is trivial;
(c) the complaint is frivolous or vexatious or is not made in good
faith; or
(d) the complainant has not a sufficient interest in the subject
matter of the complaint.

Report on
investigation. 96. (1) Where a complaint or request for an investigation is duly made
and the Ombudsman decides not to investigate the matter or where he
decides to discontinue an investigation of the matter, he shall inform the
person who made the complaint or request of the reasons for his decision.

(2) Upon the completion of an investigation the Ombudsman shall
inform the department of government or the authority concerned of the
results of the investigation and, if he is of the opinion that any person has
sustained an injustice in consequence of a fault in administration, he shall
inform the department of government or the authority of the reasons for his
opinion and make such recommendations as he thinks fit. The
Ombudsman may in his original recommendations, or at any later stage if
he thinks fit, specify the time within which the injustice should be
remedied.

(3) Where the investigation is undertaken as a result of a complaint
or request, the Ombudsman shall inform the person who made the
complaint or request of his findings.

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(4) Where the matter is in the opinion of the Ombudsman of
sufficient public importance or where the Ombudsman has made a
recommendation under subsection (2) and within the time specified by him
no sufficient action has been taken to remedy the injustice, then, subject to
such provision as may be made by Parliament, the Ombudsman shall lay a
special report on the case before Parliament.

(5) The Ombudsman shall make annual reports on the performance
of his functions to Parliament which shall include statistics in such form
and in such detail as may be prescribed of the complaints received by him
and the results of his investigations.

Power to obtain
evidence. 97. (1) The Ombudsman shall have the powers of the High Court to
summon witnesses to appear before him and LO compel them to give
evidence on oath and to produce documents relevant to the proceedings
before him and all persons giving evidence at those proceedings shall have
the same duties and liabilities and enjoy the same privileges as in the High
Court.

(2) The Ombudsman shall have power to enter and inspect the
premises of any department of government or any authority to which
section 93 applies, to call for, examine and where necessary retain any
document kept on such premises and there to carry out any investigation in
pursuance of his functions.

Prescribed matters
concerning
Ombudsman. 98. (1) Subject to subsection (2), Parliament may make provision—
(a) for regulating the procedure for the making of complaints
and requests to the Ombudsman and for the exercise of the
functions of the Ombudsman;
(b) for conferring such powers on the Ombudsman and
imposing such duties on persons concerned as are necessary
to facilitate the Ombudsman in the performance of his
functions; and
(c) generally for giving effect to the provisions of this Part.

(2) The Ombudsman may not be empowered to summon a Minister
or a Parliamentary Secretary to appear before him or to compel a Minister
or a Parliamentary Secretary to answer any questions relating to any matter
under investigation by the Ombudsman.

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(3) The Ombudsman may not be empowered to summon any
witness to produce any Cabinet papers or to give any confidential income
tax information.

(4) No complainant may be required to pay any fee in respect of.
his complaint or request or for any investigation to be made by the
Ombudsman.

(5) No proceedings, civil or criminal, may lie against the
Ombudsman, or against any person holding an office or appointment under
him for anything he may do or report or say in the course of the exercise or
intended exercise of the functions of the Ombudsman under this
Constitution, unless it is shown that he acted in bad faith.

(6) The Ombudsman, and any person holding office or
appointment under him may not be called to give evidence in any Court, or
in any proceedings of a judicial nature, in respect of anything coming to
his knowledge in the exercise of his functions.

(7) Anything said or any information supplied or any, document,
paper or thing. Produced by any person in the course of any enquiry by or
proceedings before an Ombudsman under this Constitution is privileged in
the same manner as if the enquiry or proceedings were proceedings in a
Court.

(8) No proceeding of the Ombudsman may be held bad for want of
form and, except on the ground of lack of jurisdiction, no proceeding or
decision of an Ombudsman is liable to be challenged, reviewed. quashed
or called in question in any Court.

CHAPTER 7

THE JUDICATURE

PART I

The Supreme Court

Establishment of
Supreme Court. 99. There shall be a Supreme Court of Judicature for Trinidad and
Tobago consisting of a High Court of Justice (hereinafter referred to as
“the High Court”) and a Court of Appeal with such jurisdiction

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Constitution of High
Court. 100. (1) The Judges of the High Court shall be the Chief Justice, who
shall be ex officio a Judge of that Court, and such number of Puisne
Judges as may be prescribed.
(2) The High Court shall be a superior court of record and save as
otherwise provided by Parliament, shall have all the powers of such a
court, including all such powers as are vested in the Supreme Court of
Trinidad and Tobago immediately before the commencement of this
Constitution.

The Court of Appeal

Constitution of Court
of Appeal. 101. (1) The Judges of the Court of Appeal shall be the Chief Justice,
who shall be the President of the Court of Appeal, and such number of
Justices of Appeal as may be prescribed.

(2) The Court of Appeal shall be a superior court of record and,
save as otherwise provided by Parliament, shall have all the powers of
such a court.

Appointment of Chief
Justice. 102. The Chief Justice shall be appointed by the President after
consultation with the Prime Minister and the Leader of the Opposition.

Acting appointments
as Chief Justice. 103. Where the office of Chief Justice is vacant or where the Chief Justice
is for any reason unable to perform the functions of his office, then, until a
person has been appointed to and has assumed the functions of such office
or until the Chief Justice has resumed those functions, as the case may be,
those functions shall be performed by such other of the Judges as may be
appointed by the President, after consultation with the Prime Minister and
the Leader of the Opposition.

Appointment of Judges

Appointment of
Justices of Appeal
and Puisne Judges.
104. (1) The Judges, other than the Chief Justice, shall be appointed by
the President, acting in accordance with the advice of the Judicial and
Legal Service Commission.

(2) Where—
(a) the office of any such Judge is vacant;
(b) any such Judge is for any reason unable to perform the

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functions of his office;
(c) any such Judge is acting as Chief Justice or a Puisne Judge
is acting as a Justice of Appeal; or
(d) the Chief Justice advises the President that the state of
business of the Court of Appeal or the High Court so requires,
the President, acting in accordance with the advice of the Judicial and
Legal Service Commission-
(i) may appoint a person to act in the office of Justice of
Appeal or Puisne Judge, as the case may require.
(ii) may, notwithstanding section 136, appoint a person
who has held office as a Judge and who has attained
the age of 65 to be temporarily a Puisne Judge for
fixed periods of not more than two years.

(3) The appointment of any person under subsection (2) to act in
the office of Justice of Appeal or Puisne Judge shall continue to have
effect until it is revoked by the President, acting in accordance with the
advice of the Judicial and Legal Service Commission.

Qualification of
Judges. 105. A person shall not be appointed as a Judge or to act as a Judge
unless he has such qualifications for appointment as may be prescribed.

Tenure of office. 106. (1).Subject to section 104(3), a Judge shall hold office in
accordance with sections 136 and 137.

(2) No office of Judge shall be abolished while there is a
substantive holder of that office.

Oaths to be taken by
judges.

First Schedule. 107. A Judge shall not enter upon the duties of his office unless he has
taken and subscribed the oath of allegiance and the oath for the due
execution of his office set out in the First Schedule.

Appeals on
Constitutional
questions and
fundamental rights,
etc. 108. An appeal to the Court of Appeal shall be as of right from
decisions of the High Court in the following, among other cases, that is to
say:
(a) any order or decision in any civil or criminal proceedings
on questions as to the interpretation of this Constitution;
(b) any order or decision given in exercise of the jurisdiction
conferred on the High Court by section 14 (which relates
to redress for contravention of the provisions for the

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protection of fundamental rights);
(c) any order or decision given in the determination of any of
the questions for the determination of which a right of
access to the High Court is guaranteed by sections 4(a) and
5(1);
(d) any order or decision of the High Court granting or
refusing leave to institute proceedings for the
determination of any question referred to it under section
52 or determining any such question (which relates to the
appointment, qualification, election or membership of a
Senator or a member of the House of Representatives, as
the case may be);
(e) any order or decision of a Court in the exercise of its
jurisdiction to punish for contempt of court, including
criminal contempt.

Appeals from Court
of Appeal to the
Judicial Committee. 109. (1) An appeal shall lie from decisions of the Court of Appeal to
the Judicial Committee as of right in the following cases:
(a) final decisions in civil proceedings where the matter in
dispute on the appeal to the Judicial Committee is of the
value of fifteen hundred dollars or upwards or where the
appeal involves directly or indirectly a claim to or
question respecting property or a right of the value of
fifteen hundred dollars or upwards;
(b) final decisions in proceedings for dissolution or nullity of
marriage;
(c) final decisions in any civil, criminal or other proceedings
which involve a question as to the interpretation of this
Constitution; and
(d) except in eases falling under section 108(d), any case
referred to in that section;
Ch. 4:01.

Ch. 6:50. (e) final decisions in disciplinary matters under section 81(3)
to (5) of the Supreme Court of Judicature Act and under
the Solicitors Act;
(f) such other cases as may be prescribed.

(2) An appeal shall lie from decisions of the Court of Appeal to
the Judicial Committee with the leave of the Court of Appeal in the

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following cases:
(a) decisions in any civil proceedings; where in the opinion of
the Court of Appeal the question involved in the appeal is
one that, by reason of its great general or public
importance or otherwise ought to be submitted to the
Judicial Committee; and
(b) such other cases as may be prescribed.

(3) An appeal shall lie to the Judicial Committee with the special
leave of the Judicial Committee from decisions of the Court of Appeal in
any civil or criminal matter in any case in which, immediately before the
date on which Trinidad and Tobago became a Republic, an appeal could
have been brought with the special leave of tier Majesty to Her Majesty in
Council from such decisions.

(4) Subsections (1), (2) and (3) are subject to the provisions of
sections 32(2) and 52(4).

(5) Subject to this section, provision may be made by or under
any Act regulating the procedure to be adopted by the Court of Appeal
with respect to any appeal to the Judicial Committee under this section or
by parties to any such appeal.

(6) Any decision given by the Judicial Committee in any appeal
under this section shall be enforced in like manner as if it were a decision
of the Court of Appeal.

(7) Subject to subsection (6), the Judicial Committee shall, in
relation to any appeal to it under this section in any case, have all the
jurisdiction and powers possessed in relation to that case by the Court of
Appeal.

PART III

Judicial and Legal Service Commission

Judicial and Legal
Service Commission. 110. (1) There shall be a Judicial and Legal Service Commission for
Trinidad and Tobago.

(2) The members of the Judicial and Legal Service Commission
shall be-

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(a) the Chief Justice, who shall be Chairman;
(b) the Chairman of the Public Service Commission;
(c) such other members (hereinafter called “the appointed
members”) as may be appointed in accordance with
subsection (3).

(3) The appointed members shall be appointed by the President
after consultation with the Prime Minister and the Leader of the
Opposition as follows:
(a) one from among persons who hold or have held office as
a judge of a court having unlimited jurisdiction in civil
and criminal matters in some part of the Commonwealth
or a court having jurisdiction in appeal from any such
court;
(b) two from among persons with legal qualifications at least
one of whom is not in active practice as such, after the
President has consulted with such organisations, if any,
as he thinks fit.

(4) Subject to section 126(3)(a) an appointed member shall hold
office in accordance with section 136.

Appointment of
judicial officers, etc. 111. (1) Subject to the provisions of this section, power to appoint
persons to hold or act in the offices to which this section applies, including
power to make appointments on promotion and transfer and to confirm
appointments, and to remove and exercise disciplinary control over
persons holding or acting in such offices shall vest in the Judicial and
Legal Service Commission.
(2) Before the Judicial and Legal Service Commission makes
any appointment to the offices of Solicitor General, Chief Parliamentary
Counsel, Director of Public Prosecutions, Registrar General or Chief State
Solicitor it shall consult with the Prime Minister.
(3) A person shall not be appointed to any such office if the
Prime Minister signifies to the Judicial and Legal Service Commission his
objection to the appointment of that person to that office.
(4) This section applies to such public offices as may be
prescribed, for appointment to which persons are required to possess legal
qualifications.

CHAPTER 8

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FINANCE

Establishment of
Consolidated Fund. 112. (1) All revenues or other moneys raised or received by crowd
Trinidad and Tobago, not being revenues or other moneys payable under
this Constitution or any other law into some other public fund established
for a specific purpose shall, unless Parliament otherwise provides, be paid
into and form one Consolidated Fund.
(2) No moneys shall be withdrawn from the Consolidated Fund
except to meet expenditure that is charged upon the Fund by this
Constitution or any Act or where the issue of those moneys has been
authorised by an Appropriation Act or an Act passed in pursuance of
section 114 or in accordance with any other law.
(3) No moneys shall be withdrawn from any public fund other
than the Consolidated Fund unless the issue of those moneys has been
authorised by an Act.
(4) No moneys shall be withdrawn from the Consolidated Fund
or any other public fund except in the manner prescribed.

Authorisation of
expenditure from
Consolidated Fund. 113. (1) The Minister responsible for finance shall cause to be
prepared and laid before the House of Representatives before or not later
than thirty days after the commencement of each financial year estimates
of the revenues and expenditure of Trinidad and Tobago for that year.
(2) The heads of expenditure contained in the estimates, other
than expenditure charged upon the Consolidated Fund by this Constitution
or any Act, shall be included in a Bill, to be known as an Appropriation
Bill, providing for the issue from the Consolidated Fund of the sums
necessary to meet that expenditure and the appropriation of those sums for
the purposes specified therein.
(3) If in respect of any financial year it is found-
(a) that the amount appropriated by the Appropriation Act for
any purpose is insufficient or that a need has arisen for
expenditure for a purpose for which no amount has been
appropriated by the Act; or
(b) that any moneys have been expended for any purpose in
excess of the amount appropriated for the purpose by the
Appropriation Act or for a purpose for which no amount
has been appropriated by the Act,
a supplementary estimate showing the sums required or spent shall be laid
before the House of Representatives and the heads of any such expenditure
shall be included in a Supplementary Appropriation Bill.

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Authorisation of
expenditure in
advance of
appropriation. 114. Parliament may make provision under which, if the appropriation
Act in respect of any financial year has not come into operation by the
beginning of that financial year, the Minister responsible for finance may
authorise the withdrawal of moneys from the Consolidated Fund for the
purpose of meeting expenditure necessary to carry on the services of the
Government until the expiration of thirty days from the beginning of that
financial year or the coming into operation of the Act, whichever is the
earlier.

Contingencies Fund. 115. (1) Parliament may provide for the establishment of a
Contingencies Fund and for authorising the Minister responsible for
finance, if he is satisfied that there has arisen an urgent and unforeseen
need for expenditure for which no other provision exists, to make advances
from the Fund to meet that need.
(2) Where any advance is made in accordance with subsection
(1), a supplementary estimate shall be presented and a Supplementary
Appropriation Bill shall be introduced as soon as possible for the purposes
of replacing the amount so advanced.

Establishment of
office and functions
of Auditor General. 116. (1) There shall be an Auditor General for Trinidad and Tobago,
whose office shall be a public office.
(2) The public accounts of Trinidad and Tobago and of all
officers, courts and authorities of Trinidad and Tobago shall be audited
and reported on annually by the Auditor General, and for that purpose the
Auditor General or any person authorised by him in that behalf shall have
access to all books, records, returns and other documents relating to those
accounts.
(3) The Auditor General is hereby empowered to carry out audits
of the accounts, balance sheets and other financial statements of all
enterprises that are owned or controlled by or on behalf of the State.
(4) The Auditor General shall submit his reports annually to the
Speaker, the President of the Senate and the Minister of Finance.
(5) The President of the Senate and the Speaker shall cause the
report to be laid before the Senate and the House of Representatives,
respectively, at the next sitting of the Senate and the House of
Representatives after the receipt thereof, respectively.
(6) In the exercise of his functions under this Constitution the
Auditor General shall not be subject to the direction or control of any other
person or authority.

Auditor General 117. (1) The Auditor General shall be appointed by the President after
consultation with the Prime Minister and the Leader of the Opposition and
shall hold office in accordance with section 136.

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(2) Where the office of Auditor General is vacant or the holder of
the office is for any reason unable to perform the functions of his office
the President after consultation with the Prime Minister and the Leader of
the Opposition may appoint a person to act in the office, and any person so
appointed shall, subject to the provisions of subsection (4) continue to act
until his appointment is revoked by the President, after consultation with
the Prime Minister and the Leader of the Opposition.

First Schedule.
(3) Before entering upon the duties of his office the Auditor
General shall take and subscribe the oath of office before the President or
a person appointed by the President for the purpose.
(4) Nothing done by the Auditor General shall be invalid by
reason only that be has attained the age at which he is required under
section i36 to vacate his office.
(5) The Auditor General shall be provided with a staff adequate
for the efficient discharge of his functions.
(6) The staff of the Auditor General shall be public officers
appointed in accordance with section 121(8).

Public Debt. 118. (1) The public debt of Trinidad and Tobago shall be secured on
the revenues and assets of Trinidad and Tobago.
(2) In this section references to the public debt of Trinidad and
Tobago include references to the interest on that debt, sinking fund
payments in respect of that debt, and the cost, charges and expenses
incidental to the management of that debt.

Public Accounts
Committees. 119. (1) There shall be a Public Accounts Committee which shall
consist of not less than six nor more than ten members.
(2) The Chairman of the Public Accounts Committee shall be a
member of the Opposition in the House, if any, and if willing to act. The
Chairman and other members may comprise an equal number of members
of the House of Representatives and the Senate as the House of
Representatives may determine.
(3) Where the members of the Opposition in the House of
Representatives are unwilling to act as Chairman of the Public Accounts
Committee, a member of the Opposition in the Senate shall be appointed
and where the members of the Opposition in the Senate are unwilling so to
act. one of the Senators appointed by the President under section 40(2)(c)
shall be appointed Chairman.

(4) The Public Accounts Committee shall consider and report to
the House of Representatives on-

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(a) appropriation accounts of moneys expended out of sums
granted by Parliament to meet the public expenditure of
Trinidad and Tobago;
(b) such other accounts as may be referred to the Committee
by the House of Representatives or as are authorised or
required to be considered by the committee under any
other enactment; and
(c) the report of the Auditor General on any such accounts,

(5) In addition to the Public Accounts Committee established
under subsection (1) there shall be a Public Accounts (Enterprises)
Committee which shall consist of not less than six nor more than ten
members,
(6) The Chairman of the Public Accounts (Enterprises)
Committee shall be one of the Senators, if any, and if willing to act,
appointed under section 40(2)(b) in accordance with the advice of the
Leader of the Opposition and the other members such members of the
House of Representatives and Senators as the House of Representatives
may determine.
(7) Where the members of the Opposition in the Senate are
unwilling to act as Chairman of the Public Accounts (Enterprises)
Committee, a member of the Opposition in the House of Representatives
shall be appointed and where the members of the Opposition in the House
of Representatives are unwilling so to act, one of the Senators appointed
by the President under section 40(2)(c) shall be appointed Chairman.
(8) The Public Accounts (Enterprises) Committee shall consider
and report to the House of Representatives on-
(a) the audited accounts, balance sheets and other financial
statements of all enterprises that are owned or controlled
by or on behalf of the State; and
(b) the Auditor General’s report on any such accounts,
balance sheets and other financial statements.
(9) For the purposes of subsection (8) and section 1 16(3) an
enterprise shall be taken to be controlled by the State if the Government or
any body controlled by the Government-
(a) exercises or is entitled to exercise control directly or
indirectly over the affairs of the enterprise;
(b) is entitled to appoint a majority of the directors of the
Board of Directors of the enterprise; or

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(c) holds at least fifty per cent of the ordinary share capital
of the enterprise, as the case may be.

CHAPTER 9

APPOINTMENTS TO, AND TENURE OF, OFFICES

PART I

SERVICE COMMISSIONS. ETC.
Public Service Commission

Public Service
Commission. 120. (1) There shall be a Public Service Commission for Trinidad and
Tobago which shall consist of a Chairman, a Deputy Chairman and not
less than two nor more than four other members.
(2) The members of the Public Service Commission shall be
appointed by the President, after consultation with the Prime Minister and
the Leader of the Opposition.
(3) The members of the Public Service Commission shall hold
office in accordance with section 126.

Appointments, etc.,
of public officers.
121. (1) Subject to the provisions of this Constitution, power to
appoint persons to hold or act in offices to which this section applies,
including power to make appointments on promotion and transfer and to
confirm appointments, and to remove and exercise disciplinary control
over persons holding or acting in such offices and to enforce standards of
conduct on such officers shall vest in the Public Service Commission.

(2) The Public Service Commission shall not remove, or inflict
any punishment on, a public officer on the grounds of any act done or
omitted to be done by that officer in the exercise of a judicial function
conferred upon him unless the Judicial and Legal Service Commission
concurs therein.

(3) Before the Public Service Commission makes any
appointment to an office to which this subsection applies, it shall consult
the Prime Minister.

(4) A person shall not be appointed to an office to which
subsection (3) applies if the Prime Minister signifies to the Public Service

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Commission his objection to the appointment of that person to that office.

(5) Subject to subsections (6) and (7), subsection (3) applies to
the offices of Permanent Secretary, Chief Technical Officer, Director of
Personnel Administration, to a head of a department of government, to the
chief professional adviser in a Ministry of government and to the office of
Deputy to any of these offices.

(6) Power to make appointments on transfer to the following
offices shall vest in the Prime Minister:
(a) any office of Permanent Secretary from one such office to
another such office carrying the same salary;
(b) any office the holder of which is required to reside outside
Trinidad and Tobago for the proper discharge of his.
functions, and such offices in the Ministry Of External
Affairs as may from time to time be designated by the
Prime Minister after consultation with the Public Service
Commission.

(7) This section applies to all public offices including in
particular offices in the Civil Service, the Fire Service and the Prison
Service, but this section does not apply to offices to which appointments
are made by the Judicial and Legal Service Commission, the Police
Service Commission or the Teaching Service Commission or offices to
which appointments are to be made by the President.

(8) Before the Public Service Commission makes any
appointment to or transfers a member of the staff of the Auditor General or
Ombudsman, it shall first consult with the Auditor General or
Ombudsman, as the case may be.

Ch. 23:01.
Ch. 35:50.
Ch. 13:02. (9) In subsection (7), “Civil Service”, “Fire Service” and “Prison
Service” means respectively the Civil Service established under the Civil
Service Act, the Fire Service established under the Fire Service Act and
the Prison Service established under the Prison Service Act.

Police Service Commission

Police Service
Commission. 122. (1) There shall be a Police Service Commission for Trinidad and
Tobago which shall consist of a Chairman and four other members.

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(2) The members of the Police Service Commission shall be
appointed by the President, after consultation with the Prime Minister and
the Leader of the Opposition.

(3) The Chairman of the Police Service Commission shall be
either the Chairman or the Deputy Chairman of the Public Service
Commission.

(4) The members of the Police Service Commission shall hold
office in accordance with section 126.

Appointments, etc.,
of Police Officers.
Ch. 15:01.

123. (1) Power to appoint persons to hold or act in an office in the
Police Service established under the Police Service Act, including
appointments on promotion and transfer and the confirmation of
appointments, and to remove and exercise disciplinary control over
persons holding or acting in such offices and to enforce standards of
conduct on such officers shall vest in the Police Service Commission.

(2) The Police Service Commission shall not remove, or inflict
any punishment on, the holder of an office in the Police Service on the
grounds of any act done or omitted to be done by him in the exercise of a
Judicial function conferred upon him unless the Judicial and Legal Service
Commission concurs therein.

(3) Before the Police Service Commission makes an appointment to
the office of Commissioner or Deputy Commissioner of Police. it shall
consult the Prime Minister, and a person shall not be appointed to such an
office if the Prime Minister signifies to the Police Service Commission his
objection to the appointment of that person to such an office.
Teaching Service Commission

Teaching Service
Commission. 124. (1) There shall be a Teaching Service Commission for Trinidad
and Tobago which shall consist of a Chairman and not more than four
other members.

(2) The members of the Teaching Service Commission shall be appointed
by the President after consultation with the Prime Minister and the Leader
of the Opposition.

(3) The members of the Teaching Service Commission shall hold office in
accordance with section 126.

Appointment of th 125. Subject to the provisions of this Constitution, power to appoint

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teachers.
Ch. 39:01.
persons to hold or act in public offices in the Teaching Service established
under the Education Act, including power to make appointments on
promotion and transfer and to confirm appointments. and to remove and
exercise disciplinary control over persons holding or acting in such offices
and to enforce standards of conduct on such officers shall vest in the
Teaching Service Commission.

General Provisions on Service Commissions

Qualifications,
Tenure of office, etc. 126. (1) A person who-
(a) is a member of the House of Representatives or the
Senate; or
(b) holds or is acting in any public office or has held any
public office within the period of three years preceding
his proposed appointment,
is not qualified to hold the office of member of a Service Commission.
(2) A person who has held office or acted as a member of a
Service Commission shall not, within a period of three years commencing
with the date on which he last held or acted in such an office, be eligible
for appointment to any public office.
(3) The office of a member of a Service Commission shall
become vacant-
(a) upon the expiration of five years from the date of his
appointment or such shorter period, not being less than
three years, as may be specified at the time of his
appointment; or
(b) where with his consent he is nominated for election to the
House of Representatives or where he is appointed a
Senator.
(4) A member of a Service Commission, other than the Judicial
and Legal Service Commission, may be removed from office by the
President acting in his discretion for inability to discharge the functions of
his office, whether arising from infirmity of mind or body or any other
cause, or for misbehaviour.
(5) A member of a Service Commission may not be removed
from office except in accordance with the provisions of this section.

First Schedule. (6) Before entering upon the duties of his office a member of a
Service Commission shall take and subscribe the oath of office before the
President or a person appointed by the President for the purpose.

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Delegation of
functions

127. (1) A Service Commission may, with the approval of the Prime
Minister and subject to such conditions as it may think fit, delegate any of
its functions other than any power conferred on the Commission by
section 129, to any of its members or-
(a) in the case of the Judicial and Legal Service
Commission, to a Judge;
(b) in the case of-
(i) the Public Service Commission, to any
public officer or in respect of the Regional
Health Authorities to the Boards of the
Regional Health Authorities established
under section 4 of the Regional Health
Authorities Act;
(ii) the Teaching Service Commission, to any
public officer;

(c) in the case of the Police Service Commission, to the
Commissioner of Police or to any police officer of above
the rank of Superintendent; and;

(d) in the case of the Regional Health Authorities, to the
Boards of the Regional Health Authorities.

(2) In this section and in section 129, as regards any matter
concerning the holder of any office referred to in section 121(5) or 123(3),
a reference to “public officer” includes a reference to a Judge as well as a
retired public officer.

Consultation with
other Service
Commissions. 128. Before a Service Commission appoints to an office a person
holding or acting in any office, power to make appointments to which is
vested by this Constitution in another Service Commission, it shall consult
that other Commission.

Powers of procedure
of Service
Commissions and
protection from legal
proceedings.
129. (1) Subject to subsection (3), a Service Commission may, with the
consent of the Prime Minister, by regulation or otherwise regulate its own
procedure, including the procedure for consultation with persons with
whom it is required by this Constitution to consult, and confer powers and
impose duties on an y public officer or, in the case of the holder of an
office referred to in section 111(2), a Judge or on any authority of the

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Government, for the purpose of the discharge of its functions.
(2) At any meeting of a Service Commission three members shall
constitute a quorum.
(3) REPEALED BY ACT 43 OF 2000
(4) No penalty may be imposed on any public officer except as a
result of disciplinary proceedings.

Chap. 4:20
(5) Notwithstanding subsection (4), where an officer is convicted
of a criminal charge in any court and the time allotted for an appeal has
elapsed or, if the officer has appealed, the appeal process has been
completed or an order has been made in the matter under section 71 of the
Summary Courts Act, a Service Commission may consider the relevant
proceedings on such charge and if it is of the opinion that the officer ought
to be dismissed or subjected to some lesser punishment in respect of the
conduct which led to his conviction on the criminal charge or to the
making of the order, the Commission may thereupon dismiss or otherwise
punish the officer without the institution of any disciplinary proceedings.

(6) In furtherance of subsection (5)—
(a) a certificate of conviction issued by the court shall be
sufficient evidence of an officer’s conviction for an
offence;
(b) a certified copy of an order made under section 71 of the
Summary Courts Act shall be sufficient evidence of the
commission by the officer of the offence for which he
was charged.
(7) An officer referred to in subsection (5) shall be entitled to
show cause why he should not be dismissed from office.

PART II

PUBLIC SERVICE APPEAL BOARD

Constitution of
Appeal Board.
130. (1) There shall be a Public Service Appeal Board (hereinafter
referred to as “the Appeal Board”) to which appeals shall lie from such
decisions against public officers as arc specified in section 132.
(2) The Appeal Board shall consist of a Chairman appointed by
the President after consultation with the Chief Justice and two other
members appointed by the President after consultation with the Prime
Minister and the Leader of the Opposition.
(2A) The Chairman shall be a Judge or former Judge or a citizen
of Trinidad and Tobago who has held office as a judge of a court having
unlimited jurisdiction in civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction in appeals from any such

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court.
(3) One member of the Appeal Board shall be a retired public
officer.

Tenure of office etc. 131. (1) Section 126 (which relates to qualifications for appointment,
eligibility for public office and the term and tenure of office of members of
Service Commissions) shall apply to members of the Public Service
Appeal Board as they apply to members of a Service Commission.

First Schedule. (2) Before entering upon the duties of his office, a member of the
Appeal Board shall take and subscribe the oath of office before the
President or a person appointed by the President for the purpose.

Appeals in
disciplinary cases 132. (1) An appeal shall lie to the Public Service Appeal Board from
any decision of a Service Commission, or of any person to whom the
powers of the Commission have been delegated, as a result of disciplinary
proceedings brought against a public officer.
(2) An appeal under subsection (1) shall lie to the Appeal Board
at the instance of the public officer in respect of whom the decision is
made.
(3) The Appeal Board may, where it considers it necessary that
further evidence be adduced-
(a) Order such evidence to be adduced either before the
Board or by affidavit; or
(b) refer the matter back to the relevant Service Commission
to take such evidence and –
(i) to adjudicate upon the matter afresh; or
(ii) to report for the information of the Appeal Board
specific findings of fact.
(3A) Where a matter is referred to a Service Commission under
paragraph (b) of subsection (3), the matter, so far as may be practicable or
necessary, shall be dealt with as if it were being heard at first instance.
(3B) Upon the conclusion of the hearing of an appeal under this
section, the Appeal Board may –
(a) affirm, modify or amend the decision appealed against;
or
(b) set aside the decision; or
(c) substitute any other decision which the Service
Commission could have made.
(4) Every decision of the Appeal Board shall require the
concurrence of the majority of its members.
(5) The Appeal Board may by regulations make provision for-
(a) procedure of its own; and

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(b) the procedure in appeals under this section.
(6) With the consent of the Prime Minister, the Appeal Board
may by regulation Or otherwise confer powers and impose duties on any
public officer or any authority of the Government of Trinidad and Tobago
for the purpose of the exercise of the functions of the Appeal Board.
(7) This section and sections 130 and 131 shall be, in addition to
and not in derogation of any other provisions for review of the decision of
any Service Commission.

Pensions

Protection of pension
rights. 133. (1) Subject to section 134, the law applicable to any benefits to
which this section applies shall, in relation to any person who has been
granted or who is eligible for the grant of such benefits, be that in force on
the relevant date or any later law that is not less favourable to that person.
(2) In this section, “the relevant date” means-
(a) in relation to any benefits granted before the
commencement of this Constitution, the date prescribed
by section 100 of the former Constitution;
(b) in relation to any benefits granted or to be granted on or
after the commencement of this Constitution to or in
respect of any person who was a public officer before
that date, the commencement of this Constitution;
(c) in relation to any benefits granted or to be granted to or in
respect of any person who becomes a public officer on
or after the commencement of this Constitution, the date
on which he becomes a public officer.
(3) Where a person is entitled to exercise an option as to which
of two or more laws shall apply in his case, the law specified by him in
exercising the option shall. for the purposes of this section, be deemed to
be more favourable to him than the other law or laws.
(4) Any benefit to which this section applies, not being a benefit
that is a charge on some other public fund of Trinidad and Tobago, shall
be a charge on the Consolidated Fund.
(5) A reference in this section to the law applicable to any
benefits includes, without prejudice to the generality of the expression, a
reference to any law relating to the time at which and the manner in which
any person may retire in order to become eligible for those benefits.
(6) For the purposes of this section, service as President or as a
Judge shall be deemed to be public service.
(7) This section applies to any benefits payable under any law

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providing for the grant of pensions, gratuities or compensation to persons
who are or have been public officers in respect of their service in the
public service, or to the widows, children, dependants or personal
representatives of such persons in respect of such service.
Powers of
Commission in
relation to grant of
pensions, etc. 134. (1) Where under any law an authority has power to withhold,
reduce in amount or suspend any benefits to which this section applies,
that power shall not be exercised without the approval specified in
subsection (2) or subsection (3).
(2) Where a person who has been granted benefits, or who is
eligible for benefits, in respect of public service was at the time he ceased
to be a public officer subject to the jurisdiction of the Judicial and Legal
Service Commission, the Police Service Commission or the Teaching
Service Commission, the power referred to in subsection (1) shall not be
exercised with respect to those benefits without the approval of that
Commission.
(3) Where a person who has been granted benefits, or who is
eligible for benefits, in respect of public service was not at the time he
ceased to be a public officer subject to the jurisdiction of the Judicial and
Legal Service Commission, the Police Service Commission or the
Teaching Service Commission, the power referred to in subsection (1)
shall not be exercised without the approval of the Public Service
Commission.

(4) No benefits to which this section applies that have been
granted to or in respect of any person who is or has been the holder of an
office referred to in section 136(12) to (I 6), or for which any such person
or his widow, children, dependents or his personal representatives may be
eligible, shall be withheld, reduced in amount or suspended on the ground
that that person has been guilty of misbehaviour, unless that person has
been removed from his office under this Constitution by reason of such
misbehaviour.
(5) For the purposes of this section, service as a Judge shall be
deemed to be public service.
(6) This section applies to any benefits payable under any law
providing for the grant of pensions, gratuities or compensation to persons
who are or have been public officers in respect of their service in the
public service or to the widows, children or personal representatives of
such persons in respect of such service.

Special Offices

Appointments of
principal
representatives of
135. (1) The President acting in accordance with the advice of the
Prime Minister shall have power to appoint persons to the offices to which

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representatives of
Trinidad and Tobago. this section applies and to remove persons from any such office.
(2) Before tendering any advice for the purposes of this section in
relation to any person who holds or is acting in any public office other
than an office to which this section applies, the Prime Minister shall
consult the appropriate Service Commission.
(3) This section applies to the office of–
(a) Ambassador or High Commissioner; and
(b) any principal representative of Trinidad and Tobago in
any other country.

Tenure of special
offices. 136. (1) The holder of an office to which this subsection and
subsections (3) to (11) apply (in this section referred to as “the officer”)
shall vacate his office on attaining the age of sixty-five years or such other
age as may be prescribed.
(2) Notwithstanding that he has attained the age at which he is
required by or under subsection (1) to vacate his office, a Judge may, with
the permission of the President, acting in accordance with the advice of the
Chief Justice, continue in office for such period after attaining that age as
may be necessary to enable him to deliver judgment or to do any other
thing in relation to proceedings that were commenced before him before he
attained that age.
(3) Nothing done by the officer shall be invalid by reason only
that he has attained the age at which he is required under this section to
vacate his office.
(4) The officer shall vacate his office if, with his consent, he is
appointed a Senator or nominated for election to the House of
Representatives.
(5) The salaries and allowances payable to the holders of the
offices to which subsection (1) and subsections (3) to (11) apply or an
office referred to in subsections (13) to (16) shall be a charge on the
Consolidated Fund.
(6) The salary and allowances payable to the holder of any office
to which subsection (1) and subsections (3) to (11) apply or an office
referred to in subsections (13) to (16) and his other terms of service shall
not be altered to his disadvantage after his appointment and for the
purposes of this subsection, in so far as the terms of service of any person
depend upon the option of that person, the terms for which he opts shall be
taken to be more advantageous to him than any other terms for which he
might have opted.
(7) The officer may be removed from office only for inability to
discharge the functions of his office whether arising from infirmity of
mind or body or any other cause, or for misbehaviour and shall not be so

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removed except in accordance with the provisions of subsection (10).
(8) A decision that the question of removing the officer from
office ought to be investigated may be made at any time-
(a) in the case of the Ombudsman, by resolution of the House
of Representatives; and
(b) in any other case, by the President either on his own
initiative or upon the representation of the Prime
Minister.
(9) Where a decision is made under subsection (8) that the
question of removing the officer from office ought to be investigated,
then–
(a) the President shall appoint a Tribunal which shall consist
of a Chairman and not less than two other members all of
whom shall be selected by the President acting in
accordance with the advice of the Judicial and Legal
Service Commission from among persons who hold or
have held office as a Judge of a court having unlimited
jurisdiction in civil and criminal matters in some part-of
the Commonwealth or a court having jurisdiction in
appeals from any such court, and
(b) the Tribunal shall inquire into the matter and report on the
facts to the President and advise the President whether the
officer ought to be removed from office on any of the
grounds specified in subsection (7).
(10) Where the question of removing the officer from office is
referred to a Tribunal appointed under subsection (9) and the Tribunal
advises the President that the officer ought to be removed from office, the
President shall, by writing signed by him, remove the officer from office.
(11) Where the question of removing the officer from office has
been referred to a Tribunal under subsection (9) the President, after
consultation with the Judicial and Legal Service Commission, may
suspend the officer from performing the functions of his office and any
such suspension may at any time be revoked by the President and shall in
any case cease to have effect if the Tribunal advises the President that the
officer ought not to be removed from office.
(12) Subsection (1) and subsections (3) to (11) apply to the office
of Auditor General and to such other offices as may be prescribed.
(13) Subsections (1) to (6) apply to the office of Judge.
(14) Subsection (1) and Subsections (3) to (6) apply to the office
of Director of Public Prosecutions, Chief Parliamentary Counsel and
Solicitor General.

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(15) Subsections (5) to (II) apply to the office of Ombudsman, a
member of the Elections and Boundaries Commission, a member of the
Integrity Commission, a member of a Service Commission, a member of
the Salaries Review Commission and to such other offices as may be
prescribed.
(16) Subsections (5) and (6) apply to the office of President.

Removal from office
of Judge. 137. (1) A Judge may be removed from office only for inability to
perform the functions of his office (whether arising from infirmity of mind
or body or any other cause) or for misbehaviour, and shall not be so
removed except in accordance with the provisions of this section.
(2) A Judge shall be removed from office by the President where
the question of removal of that Judge has been referred by the President to
the Judicial Committee and the Judicial Committee has advised the
President that the Judge ought to be removed from office for such inability
or for misbehaviour.
(3) Where the Prime Minister, in the case of the Chief Justice, or
the Judicial and Legal Service Commission, in the case of a Judge other
than the Chief Justice, represents to the President that the question of
removing a Judge under this section ought to be investigated, then-
(a) the President shall appoint a tribunal which shall consist
of a chairman and not less than two other members,
selected by the President acting in accordance with the
advice of the Prime Minister in the case of the Chief
Justice or the Prime Minister after consultation with the
Judicial and Legal Service Commission in the case of a
Judge, from among persons who hold or have held office
as a judge of a court having unlimited jurisdiction in
civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction in appeals
from any such court;
(b) the tribunal shall enquire into the matter and report on
the facts thereof to the President and recommend to the
President whether he should refer the question of
removal of that Judge from office to the Judicial
Committee; and
(c) where the tribunal so recommends, the President shall
refer-the question accordingly.
(4) Where -he question of removing a Judge from office has been
referred to a tribunal under subsection (3), the President, acting in
accordance with the advice of the Prime Minister in the case of the Chief

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Justice or the Chief Justice in the case of a Judge other than the Chief
Justice, may suspend the Judge from performing the functions of his
office, and any such suspension may at any time be revoked by the
President, acting in accordance with the advice of the Prime Minister in
the case of the Chief Justice or the Chief Justice in the case of a Judge
other than the Chief Justice, and shall in any case cease to have effect-
(a) where the tribunal recommends to the President that he
should not refer the question of removal of the Judge
from office to the Judicial Committee; or
(b) where the Judicial Committee advises the President that
the Judge ought not to be removed from office.

CHAPTER 10

THE INTEGRITY COMMISSION

The Integrity
Commission.

138. (1) There shall be an Integrity Commission (in this section and in
section 139 referred to as “the Commission”) for Trinidad and Tobago
consisting of such number of members, qualified and appointed in such
manner and holding office upon such tenure as may be prescribed.
(2) The Commission shall be charged with the duty of–
(a) receiving, from time to time, declarations in writing of the
assets, liabilities and income of Senators, Judges,
Magistrates, Permanent Secretaries, Chief Technical
Officers, members of the Tobago House of Assembly,
Members of Municipalities, Members of Local
Government Authorities and members of the Boards of all
Statutory Bodies, State Enterprises and the holders of
such other offices as may be prescribed;
(b) the supervision of all matters connected therewith as may
be prescribed;
(c) the supervision and monitoring of standards of ethical
conduct prescribed by Parliament to be observed by the
holders of offices referred to in paragraph (a), as well as
members of the Diplomatic Service, Advisers to the
Government and any person appointed by a Service
Commission or the Statutory Authorities’ Service
Commission;
(d) the monitoring and investigating of conduct, practices and
procedures which are dishonest or corrupt.

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Power to make laws
relating to
Commission.
139. Subject to this Constitution, Parliament may make provision for–
(a) the procedure in accordance with which the Commission is
to perform its functions;
(b) conferring such powers on the Commission and imposing
such duties on persons concerned as are necessary to
enable the Commission to carry out effectively the
purposes of section 138;
(c) the proper custody of declarations and other documents
delivered to the Commission;
(d) the maintenance of secrecy in respect of all information
received by the Commission in the course of its duties with
respect to the assets, liabilities and income of any member
of Parliament and any other person; and
(da ) the preparation by the Commission, of a Register of
Interests for public inspection
(e) generally to give effect to the provisions of section 138.

CHAPTER 11

THE SALARIES REVIEW COMMISSION

Constitution of
Commission. 140. (1) There shall be a Salaries Review Commission which shall
consist of a Chairman and four other members all of whom shall be
appointed by the President after consultation with the Prime Minister and
the Leader of the Opposition.
(2) The members of the Salaries Review Commission shall hold
office in accordance with section 126.

Functions of
Commission
141. (1) The Salaries Review Commission shall from time to time with
the approval of the President review the salaries and other conditions of
service of the President, the holders of offices referred to in section
136(12) to (15), members of Parliament, including Ministers of
Government and Parliamentary Secretaries, and the holders of such other
offices as may be prescribed.
(2) The report of the Salaries Review Commission concerning
any review of salaries or other conditions of service, or both, shall be
submitted to the President who shall forward a copy thereof to the Prime
Minister for presentation to the Cabinet and for laying, as soon as possible
thereafter, on the table of each House.

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CHAPTER 11
A

THE TOBAGO HOUSE OF ASSEMBLY

Tobago House of
Assembly

Powers of the
Assembly

Executive Council
141
A. (1) There shall be an Assembly For Tobago to be called “the
Tobago House of Assembly”, in this Chapter referred to as “the
Assembly”.
(2) The Assembly shall consist of a Presiding Officer and such
other members qualified and appointed in such manner and holding office
upon such terms and conditions as may be prescribed.
141
B. Subject to this Constitution, the Assembly shall have such
powers and functions in relation to Tobago as may be prescribed.
141
C. (1) There shall be an Executive Council of the Assembly
consisting of a Chief Secretary and such number of Secretaries as may be
prescribed, to be appointed in such manner as may be prescribed.

Fund
(2) The function of the Chief Secretary and other secretaries
shall be prescribed.
141
D There is established a fund to be called “the Tobago House of
Assembly Fund” which shall consist of-
(a) such monies as may be appropriated by Parliament for the
use of the Assembly; and
(b) such other monies as the Assembly may lawfully collect

CHAPTER 12

MISCELLANEOUS AND GENERAL

Resignation. 142. (1) Subject to the provisions of this Constitution, any person who
is appointed or elected to or otherwise selected for any office established
by this Constitution, including the office of Prime Minister or o-.her
Minister, or Parliamentary Secretary, may resign from that office by
writing under his hand addressed to the person or authority by whom he
was appointed, elected or selected.
(2) The resignation of any person from any such office shall take
effect when the writing signifying the resignation is received by the person
or authority to whom it is addressed or by any person authorised by that
person or authority to receive it.

Re-appointment, etc. 143. (1) Where any person has vacated any office as established by this

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Constitution, including the office of Prime Minister or other Minister, or
Parliamentary Secretary, he may, if qualified, again be appointed, elected
or otherwise selected to hold that office in accordance with the provisions
of this Constitution.
(2) Where by this Constitution a power is conferred upon any
person or authority to make any appointment to any public office, a person
may be appointed to that office notwithstanding that some other person
may be holding that office, when that other person is on leave of absence
pending relinquishment of the office; and where two or more persons are
holding the same office by reason of an appointment made in pursuance of
this subsection, then for the purposes of any function conferred upon the
holder of that office the person last appointed shall be deemed to be the
sole holder of the office.

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FIRST SCHEDULE

FORMS OF OATH (OR AFFIRMATION) OF
ALLEGIANCE AND OF OFFICE

Section 37.
Form of oath (affirmation) for the President
I, A.B.. do swear by………… (solemnly affirm) that I will bear true faith and allegiance to Trinidad and
Tobago and to the best of my ability preserve and defend the Constitution and the law, that I will
conscientiously and impartially discharge the functions of President and will devote myself to the
service end well-being of the people of Trinidad and Tobago.
——————————
Section 84.
Form of Oath (affirmation) for
A Minister or Parliamentary Secretary

I, A.B.. do swear by………… (solemnly affirm) that I will bear true faith and allegiance to Trinidad
and Tobago and will uphold the Constitution and the law, that I will conscientiously, impartially and to
the best of my ability discharge my duties as ………… and do right to all manner of people without
fear or favour, affection or ill will.
——————————
Section 57.
Form of oath (affirmation) for a member of
the House of Representatives or the Senate

I, A.B., having been elected/appointed a member of Parliament do swear by ………… (solemnly
affirm) that I will bear true faith and allegiance to Trinidad and Tobago, will uphold the Constitution
and the law, and will conscientiously and impartially discharge the responsibilities to the people of
Trinidad and Tobago upon which I am about to enter.

Sections 3, 91,
107, 117, 126,
131.

——————————

Form of oath (affirmation) for the.
Ombudsman, a Judge, the Auditor General,
a member of a Service Commission or a
member of the Public Service Appeal Board

I, A.B. having been appointed ………… of Trinidad and Tobago do swear by .……… (solemnly
affirm) that I will bear true faith and allegiance to Trinidad and Tobago and will uphold the
Constitution and the law, that I will conscientiously, impartially and to the beat of my knowledge,
judgment and ability discharge the functions of my office and do right to all manner of people after the
laws and usages of Trinidad and Tobago without fear or favour, affection or ill-will.

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(Section 72) SECOND SCHEDULE

BOUNDARIES OF CONSTITUENCIES
1. These rules are the Delimitation of Constituencies Rules in accordance
with which the constituencies of Trinidad and Tobago are to be delimited
under section 72(l).
2. Subject to paragraph 3, the electorate shall so far as is practicable be
equal in all constituencies.
3. The number of constituencies in Tobago shall not be less than two.
4. In Trinidad and in Tobago, respectively, the electorate in any
constituency shall not be more than one hundred and ten per cent nor be
less than ninety per cent of the total electorate of the island divided by the
number of constituencies in that island.
5. Special attention shall be paid to the needs of sparsely populated areas
which on account of size, isolation or inadequacy of communications
cannot adequately be represented by a single member of Parliament.
6. Natural boundaries such as major highways and rivers shall be used
wherever possible.
7. In this Schedule “Trinidad” means the Island of Trinidad and its
offshore islands, and “Tobago” means the Island of Tobago and its
offshore islands.

[Section 94(4)(b)].
THIRD SCHEDULE

MATTERS NOT SUBJECT TO INVESTIGATION
1. Action taken in matters certified by the Attorney General to affect
relations or dealings between the Government of Trinidad and Tobago and
any other Government or any International Organisation.
2. Action taken in any country or territory outside Trinidad and Tobago
by or on behalf of any officer representing or acting under the authority of
the Government of Trinidad and Tobago.
3. Action taken under any law relating to extradition or fugitive
offenders.
4. Action taken for the purposes of investigating crime or of protecting the
security of the State.

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5. The commencement or conduct of civil or criminal proceedings
before any court in Trinidad and Tobago or before any international court
or tribunal.
6. Any exercise of the power of pardon.
7. Action taken in matters relating to contractual or other commercial
transactions, being transactions of a department of government or an
authority to which section 93 applies not being transactions for or relating
to-
(a) the acquisition of land compulsorily or in circumstances in
which it could be acquired compulsorily;
(b) the disposal as surplus of land acquired compulsorily or in
circumstances in which it could be acquired compulsorily.
8. Action taken in respect of appointments or removals, pay, discipline,
superannuation or other personnel matters in relation to service in any
office or employment in the public service or under any authority as may
be prescribed.
9. Any matter relating to any person who is or was a member of the
armed forces of Trinidad and Tobago in so far as the matter relates to—
(a) the terms and conditions of service as such member; or
(b) any order, command, penalty or punishment given to or
affecting him in his capacity as such member.
10. Any action which by virtue of any provision of this Constitution
may not be enquired into by any court.

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