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2023 Revised Edition
Contents

Chapter XI · The Legislature

81. Expulsion of Members and imposition of civic disability

Unofficial copy, with amendments up to 31 Oct 2022. Later amendments are not included. Check the official text before you rely on it.

(1)

Where a Special Presidential Commission of Inquiry established under the Special Presidential

Commissions of Inquiry Law, No. 07 of 1978 and consisting of a member each of whom is a Judge of the

Supreme Court, Court of Appeal, High Court or the

District Court recommends that any person should be made subject to civic disability by reason of any act done or omitted to be done by such person before or after the commencement of the Constitution, Parliament may by resolution pass by not less than two-thirds of the whole number of Members (including those not present)

voting in its favour -

(a)

impose civic disability on such person for a period not exceeding seven years; and

(b)

expel such person from Parliament, if he is a Member of Parliament.

Where a Special Presidential Commission of Inquiry consists of more than one member, a recommendation made by the majority of such members, in case of any difference of opinion, shall be, and shall be deemed for all purposes to be, the recommendation of such Commission of Inquiry.

(2)

No such resolution shall be entertained by the

Speaker or placed on the Order Paper of Parliament unless introduced by the Prime Minister with the approval of the Cabinet of Ministers.

(3)

The Speaker shall endorse on every resolution passed in accordance with the preceding provisions of this

Article a certificate in the following form :–

“This resolution has been duly passed by

Parliament in accordance with the provisions of Article 81 of the Constitution.”

Every such Certificate shall be conclusive for all purposes and shall not be questioned in any court, and no court or tribunal shall inquire into, or pronounce upon or in any manner call in question, the validity of such resolution on any ground whatsoever.

(4)

In this Article, “District Court” means a District

Court created and established by existing law and includes a Court that may be created by Parliament to exercise and perform powers and functions corresponding or substantially similar to the powers and functions exercised and performed by the District Court.

Chapter XII

The Legislature

Chapter XIII

The Referendum

Chapter XIV

The Franchise and Elections

Chapter XIVA

Election Commission

Chapter XV

The Judiciary

Chapter XVA

Judicial Service Commission

Chapter XVI

The Superior Courts

Chapter XVII

Finance

Chapter XVIIA

146[CHAPTER XVII a

Chapter XVIII

Public Security

Chapter XVIIIA

National Police Commission

Chapter XIX

The Parliamentary Commissioner for Administration

Chapter XIXA

Commission to Investigate Allegations of Bribery or Corruption

Chapter XIXB

National Procurement Commission

Chapter XX

General

Chapter XXI

Transitional Provisions

Chapter XXII

Interpretation

Chapter XXIII

Repeal

Chapter XXIV

Promulgation of the Constitution

Schedules