| Parliament name |
Parliament |
| Structure of parliament |
Bicameral |
| Chamber name |
House of Representatives |
| Related chamber (for bicameral parliaments) |
Senate
|
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
· When the results are declared |
| Validation of mandates |
· Validation by the High Court only in case of challenge by election petitions (S. 37 (1) (b) of the Constitution of 07.02.1974)
· Procedure (S. 37 (2), (5) to (8), and S. 44 of the Constitution, Art. 76 to 79 and 89 of the House of Representative (Elections) Ordinance): The High Court shall have jurisdiction to hear and determine any question whether any person has been validly elected as a Member of the House of Representatives.
An application to the High Court may be made by any person entitled to vote in the election to which the application relates or by any person who was a candidate in that election or by the At-torney-General. If such application is made by a person other than the Attorney-General, the At-torney-General may intervene and may then appear or be represented in the proceedings.
Parliament may make provision with respect to
(a) the circumstances and manner in which and the imposition of conditions upon which any ap-plication may be made to the High Court for the determination of any question under this section; and
(b) the powers, practice and procedure of the High Court in relation to any such application.
An appeal shall lie as of right with the Court of Appeal from any final decision of the High Court determining such a question.
No appeal shall lie from any decision of the Court of Appeal and no appeal shall lie from any deci-sion of the High Court in proceedings other than a final decision determining such a question.
In the exercise of these functions, the Attorney-General shall not be subject to the direction or control of any other person or authority.
Any person who sits or votes in either House of Parliament knowing or having reasonable grounds for knowing that he is not entitled to do so shall be guilty of an offence and liable to a fine not ex-ceeding one hundred dollars, or such other sum as may be prescribed by Parliament, for each day he so sits or votes in the House.
Any prosecution for such an offence shall be instituted in the High Court and may only be so in-stituted by the Director of Public Prosecutions.
|
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (S. 33 (1) of the Constitution) (for early dissolution, see S. 52 (1), (2) and (4) of the Constitution) |
| Can MPs resign? |
Yes |
· Of their own free will (S. 109 (1) of the Constitution)
· Authority competent to accept the resignation: the resignation need not be accepted
· Procedure (S. 109 of the Constitution): Any person who is appointed or elected to any office established by the Constitution may resign from that office by writing under his hand addressed to the person or authority by whom he was appointed or elected, provided that the resignation of any person from the office of Member of the House of Representatives is addressed to the Speaker of the House.
The resignation of any person from any such office as aforesaid shall take effect when the writing signifying the resignation is received by the person or authority to whom it is addressed or any person authorised by that person or authority to receive it.
|
| Can MPs lose their mandate ? |
Yes |
(a) Loss of mandate by judicial decision:
- Loss of mandate for absence (S. 33 (2) (a) of the Constitution)
- Loss of mandate for loss of eligibility, including incompatibilities (S. 33 (2) (b) and (c) in connection with S. 30 (a) and 31 (1) to (4) of the Constitution). Procedure (S. 33 (3) of the Constitution): If any circumstances arise because any Member of the House of Representatives is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or re-ported guilty of an offence relating to elections and if 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 but may not vacate his seat until the expiration of a period of thirty days thereafter, provided that the Speaker may, at the re-quest of the Member, from time to time, extend that period for further periods of thirty days to en-able the Member to pursue an appeal against the decision. However, such extension of time ex-ceeding in the aggregate one hundred and fifty days may not be given without the approval, signi-fied by resolution, of the House.
If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the Member, or if, 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 Member to appeal, he shall forthwith vacate his seat.
If, at any time before the Member of the House vacates his seat, such circumstances aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to above and he may resume the performance of his functions as a Member of the House.
- General procedure (S. 37 (1) (d), (4) to (8), and S. 44 of the Constitution): The High Court shall have jurisdiction to hear and determine any question whether any Member of the House of Representatives has vacated his seat or is required, under the provisions of S. 33 (3) of the Constitution, to cease to perform any of his functions as a Member of the House of Repre-sentatives.
An application to the High Court may be made by a Member of that House or by any person reg-istered in a constituency as a voter in elections of Members of that House or by the Attorney-General. If such application is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear or be represented in the proceedings.
Parliament may make provision with respect to
(a) the circumstances and manner in which and the imposition of conditions upon which any ap-plication may be made to the High Court for the determination of any question under this section; and
(b) the powers, practice and procedure of the High Court in relation to any such application.
An appeal shall lie as of right with the Court of Appeal from any final decision of the High Court determining such a question.
No appeal shall lie from any decision of the Court of Appeal and no appeal shall lie from any deci-sion of the High Court in proceedings other than a final decision determining such a question.
In the exercise of these functions, the Attorney-General shall not be subject to the direction or control of any other person or authority.
Any person who sits or votes in either House of Parliament knowing or having reasonable grounds for knowing that he is not entitled to do so shall be guilty of an offence and liable to a fine not ex-ceeding one hundred dollars, or such other sum as may be prescribed by Parliament, for each day he so sits or votes in the House.
Any prosecution for such an offence shall be instituted in the High Court and may only be so in-stituted by the Director of Public Prosecutions.
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
· Outside Parliament: |
| Indemnities, facilities and services |
· Diplomatic passport at request and under certain conditions
· Basic salary:
+ Duty allowance:
+ Entertainment allowance:
· Exemption from tax
· No special pension scheme. MPs under 60 pay contributions to the National Insurance Scheme.
· Other facilities:
(a) Secretariat, assistants (S. 36 of the Constitution): for the Leader of the Opposition; Clerk of the House of Representatives
(b) Telephone services: telephone allowance
(c) Travel and transport: travel allowance |
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (S. 50 (3) of the Constitution
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament. (Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.)
· Derogations: sub judice matters, offence or insult (see Discipline)
· Non-accountability takes effect on the day when the mandate begins. |
| Parliamentary immunity - parliamentary inviolability |
· The concept does not exist. For loss of mandate in case of a sentence, see S. 33 (2) (c) and (3) in connection with S. 31 (1) (d), (3) and (5) of the Constitution, and Loss of mandate for loss of eligibility.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members. |
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by functionaries of the Office of Parliament.
· There is no handbook of parliamentary procedure. |
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings, committee meetings and other meetings.
· Penalties foreseen in case of failure to fulfil this obligation (S. 33 (2) (a) of the Constitution): loss of mandate
· Body competent to judge such cases/to impose penalties: the High Court |
| Discipline |
· The rules governing discipline within Parliament are contained in SO 44 of the Standing Orders of the House of Representatives.
· Disciplinary measures foreseen:
- Warning for irrelevance (SO 44 (1) of the Standing Orders of the House of Representatives)
- Order to discontinue the speech (SO 44 (1) of the Standing Orders of the House of Representatives)
- Order to withdraw (SO 44 (2), (3) (e), and (5) to (8) of the Standing Orders of the House of Representatives)
- Naming (SO 44 (2) and (4) of the Standing Orders of the House of Representatives)
- Suspension (SO 44 (3), and (5) to (8) of the Standing Orders of the House of Representatives)
- Adjournment of the House, suspension of the sitting (SO 44 (7) and (9) of the Standing Orders of the House of Representatives)
- Other measures (SO 44 (10) of the Standing Orders of the House of Representatives)
· Specific cases:
- Offence or insult
· Competent body to judge such cases/to impose penalties:
- Warning for irrelevance, order to discontinue the speech, order to withdraw, naming, adjournment of the House, suspension of the sitting: the Speaker
- Suspension, other measures: the House of Representatives
· Procedure:
- Warning for irrelevance, order to discontinue the speech (SO 44 (1) of the Standing Orders of the House of Representatives): The Speaker or the Chairman in Committee, after having called the attention of the House or the Committee to the conduct of a Member who persists in irrelevance or tedious repetition either of his own arguments or of the arguments used by other Members in debate, may direct him to dis-continue his speech and to resume his seat.
- Order to withdraw, naming and suspension (SO 44 (2) to (8) of the Standing Orders of the House of Representatives): The Speaker or the Chairman shall order any Member whose conduct is grossly disorderly to withdraw immediately from the House during the remainder of that day's sitting, and may direct such steps to be taken as are required to enforce this. If, however, on any occasion the Speaker or the Chairman considers that his powers to order such Member to withdraw are inadequate, the Speaker, or Chairman as the case may be, may name such Member for disregarding the authority of the Chair, in which event the following procedure should be followed:
Whenever a Member has been named by the Speaker or by the Chairman, then:
(a) if the offence has been committed in the House, the Speaker shall call upon a Minister to move "That the Honourable Member for ... be suspended from the service of the House." The Speaker shall put the question on such motion forthwith, no seconder being required, no amendment, ad-journment or debate being allowed;
(b) if the offence has been committed in Committee, the Chairman shall forthwith suspend the proceedings of the Committee and, as soon as the House has resumed, shall report the circum-stances, whereupon the procedure provided for in the preceding subparagraph shall be followed;
(c) if any such motion is carried, and the Member is suspended, his suspension on the first occa-sion shall continue until the next sitting of the House, and on the second occasion until the expira-tion of two sittings and on the third or any subsequent occasion until the House resolve that such suspension be terminated.
(d) Any remuneration to which a Member is entitled as a Member of the House shall cease for the period of his suspension.
(e) A Member who is ordered to withdraw or who is suspended shall, during the period of such withdrawal or suspension, forfeit all rights and privileges of membership including the right of ac-cess to the Chamber.
Not more than one Member shall be named at the same time, unless several Members present to-gether have jointly committed the offence.
A Member who is ordered to withdraw or who is suspended shall forthwith leave the House and its precincts.
If any Member who has been ordered to withdraw or who has been suspended refuses at any time to obey the order of the Speaker to withdraw from the House and its precincts, the Speaker shall call the attention of the House to the fact that recourse to force is necessary in order to compel obedience to his order, and the Member named by him as having so refused his order shall there-upon be suspended without further question from the service of the House during the remainder of the session.
If resort to force is necessary, the Speaker may cause such force as is necessary for removing the Members to be used and may suspend the sitting during the removal of the Member.
A Member who is ordered to withdraw or who is suspended shall not be entitled to attend the sit-ting from which he was ordered to withdraw or, in a case of suspension, to attend any sitting or enter the precincts of the House until the termination of his suspension.
- Adjournment of the House, suspension of the sitting (SO 44 (7) and (9) of the Standing Orders of the House of Representatives): In the case of grave disorder arising in the House, the Speaker may, if he deems it necessary, ad-journ the House without any question put, or suspend the sitting for a time to be named by him.
- Other measures (SO 44 (10) of the Standing Orders of the House of Representatives): Nothing in SO 44 of the Standing Orders of the House of Representatives shall be taken to deprive the House of the power of proceeding against any Member according to any resolution of the House.
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| Code (rules) of conduct |
· This concept does exist in the country's juridical system (SRO No. 39 of 1993). See also S. 33 (2) (c) in connection with S. 31 (1) (e), (2), (4) and (6) of the Constitution.
· Penalties foreseen for violation of the code or rules of conduct:
- Warning
- Reprimand
- Order to withdraw
- Suspension
- Loss of mandate (S. 33 (2) (c) in connection with S. 31 (1) (e), (2), (4) and (6) of the Constitution; incompatibilities)
· Competent body to judge such cases/to impose penalties:
- Warning, order to withdraw: the House of Representatives on account of a resolution
- Reprimand:
- Suspension:
- Loss of mandate: the High Court
· Procedure:
- Warning
- Reprimand
- Order to withdraw
- Suspension
- Loss of mandate |
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
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