| Composition
of Parliament |
| 51. |
|
There
shall be a Parliament of Guyana, which shall consist of the
President and the National Assembly. |
Establishment
of Parliament. |
| 52. |
(1) |
Subject
to paragraph (2) and to articles 105,
185 and
186, the
National Assembly shall consist of sixty-five members who
shall be elected in accordance with the provisions of this
Constitution and, subject thereto, in accordance with any
law made by Parliament in that behalf. |
Composition
of the National Assembly. |
| |
(2) |
If
any person who is not a member of the National Assembly is
elected to be Speaker of the Assembly, he shall, by virtue
of holding the office of Speaker, be a member of the Assembly
in addition to the members aforesaid. |
| 53. |
|
Subject
to article 155
(which relates to allegiance, insanity, and other matters)
a person shall be qualified for election as a member of the
National Assembly if, and shall not be so qualified unless,
he – |
Qualifications
for election as memebrs. |
| |
|
(a) |
is
a citizen of Guyana of the age of eighteen years or upwards;
and |
| |
|
(b) |
is
able to speak, and, unless incapacitated by blindness or other
physical cause, read the English language with a degree of
proficiency sufficient to enable him to take an active part
in the proceedings of the Assembly. |
| 54. |
|
Members
of the National Assembly shall vacate their seats in the Assembly
in the circumstances set out in article 156. |
Tenure
of seats of members of National Assembly. |
| 55. |
|
Whenever
elections have been held pursuant to the provisions of article
61, the National Assembly shall hold its first meeting at
the time appointed under article 69(1), and any reference
in this Constitution to the National Assembly meeting for
the first time after any election shall be read and construed
as a reference to such first a meeting. |
First
meeting of National Assembly. |
| 56. |
(1) |
When
the National Assembly first meets after any election and before
it proceeds to the despatch of any other business, elect a
person to be the Speaker of the Assembly; and, if the office
of Speaker falls vacant at any time before the next dissolution
of Parliament, the Assembly shall, as soon as practicable,
elect another person to that office. |
Speaker
and Deputy Speaker. |
| |
(2) |
The
Speaker may be elected either from among the members of the
Assembly who are not Ministers of Parliamentary Secretaries
or from among persons who are not members of the Assembly
but are qualified for election as members. |
| |
(3) |
When
the National Assembly first meets after any election and before
it proceeds to the despatch of any other business except the
election of the Speaker, the Assembly shall elect a member
of the Assembly who is not a Minister of a Parliamentary Secretary
to be Deputy Speaker of the Assembly; and if the office of
Deputy Speaker falls vacant at any time before the next dissolution
of Parliament, the Assembly shall, as soon as convenient,
elect another such member to that office. |
| |
(4) |
A
person shall vacate the office of Speaker of Deputy Speaker
if required to do so by article 157
(which relates to loss of qualification for election as a
member of the National Assembly and other matters). |
| 57. |
(1) |
There
shall be a Clerk and a Deputy Clerk of the National Assembly,
and appointments to those offices shall be made by the President
acting in accordance with the advice of the Speaker. |
Clerk
and Deputy Clerk. |
| |
(2) |
The
tenure of office and terms of service of the Clerk and Deputy
Clerk and other matters relating thereto shall be regulated
by article 158. |
| 58. |
(1) |
Any
person who sits or votes in the National Assembly, knowing
or having reasonable ground for knowing that he is not entitled
to do so, shall be liable to a penalty of fifty dollars for
each day upon which he so sits or votes. |
Unqualified
persons sitting or voting. |
| |
(2) |
Any
such penalty shall be recoverable by civil action in the High
Court at the suit of the Attorney General. |
| Elections |
| 59. |
|
Subject
to the provisions of article 159,
every person may vote at an election if he is of the age of
eighteen years or upwards and is either a citizen of Guyana
or a Commonwealth citizen domiciled and resident in Guyana. |
Qualifications
and disqualifications for electors. |
| 60. |
(1) |
Elections
of members of the National Assembly shall be by secret ballot. |
Electoral
system. |
| |
(2) |
Subject
to the provisions of article 160(2),
fifty-three members of the National Assembly shall be elected
in accordance with the system of proportional representation
prescribed by article 160(1). |
| |
(3) |
On
such day as the President may by proclamation appoint, being
a day which he considers to be as early as practicable after
an election of members of a regional democratic council has
been held in consequence of a dissolution effected under the
provisions of article 73(2),
the council shall elect one of its members to serve as a member
of the National Assembly. |
| |
(4) |
On
such day as the President may by proclamation appoint, being
a day which he considers to be as early as practicable after
an election of members of the National Congress of Local Democratic
Organs has been held in consequence of a dissolution effected
under the provisions of article 80(2),
the Congress shall elect two of its members to serve as members
of the National Assembly. |
| 61. |
|
An
election of members of the National Assembly under article
60(2) shall be held on such day within three months after
every dissolution of Parliament as the President shall appoint
by proclamation:
Provided that no balloting commenced
during the period of three months aforesaid, performed before
the day so appointed, and pursuant to which the votes of
any person registered as electors are cast at the election,
shall be deemed contrary to the requirements of this article
by reason only that such balloting has been so performed.
|
Times
for elections under article 60(2). |
| 62. |
|
Elections
shall be independently supervised by the Elections Commission
in accordance with the provisions of article 162. |
Elections
Commission. |
| 63. |
|
Parliament
may make provision for the filling of casual vacancies among
the seats of members of the National Assembly and for other
matters relating to election of members of the Assembly in
accordance with the provisions of paragraph (2) and (3) of
article 160. |
Filling
of casual vacancies. |
| 64. |
|
All
questions as to membership of the National Assembly shall
be determined by the High Court in accordance with the provisions
of article 163. |
Determination
of questions as to membership and elections. |
| Powers
and Procedure of Parliament |
| 65. |
(1) |
Subject
to the provisions of this Constitution, Parliament may make
laws for the peace, order and good government of Guyana. |
Legislative
power. |
| |
|
Amended
by Act No. 1 of 1988 by insertion as follows: |
| |
(2) |
The
validity of any law under this Constitution with effect from
a date earlier that the day on which this Constitution commenced
shall not be called in question in any court or tribunal on
the ground that it contravenes, or is inconsistent with, any
provision of any constitution which was in force in Guyana
at any time before the day on which this Constitution commenced. |
1
of 1988. |
| 66. |
|
Subject
to the special procedure set out in article 164,
Parliament may alter this Constitution. |
Alteration
of this Constitution. |
| 67. |
(1) |
The
President may at any time attend and address the National
Assembly. |
Attendance
of the President in the National Assembly. |
| |
(2) |
The
President may send messages to the National Assembly and any
such message shall be read, at the first convenient sitting
of the Assembly after if is received, by the Prime Minister
of by any other Minister designated by the President. |
| 68. |
|
All
other matters concerning Parliament (including the procedure
thereof) shall be regulated by the provisions of articles
165 to 172
(inclusive). |
Regulation
of procedure, etc. |
| Summoning,
Prorogation and Dissolution |
| 69. |
(1) |
Each
session of Parliament shall be held at such place within Guyana
and shall begin at such time (not being later that six months
from the end of the preceding session if Parliament has been
prorogued or four months from the end of that session if Parliament
has been dissolved) as the President shall appoint by proclamation. |
Sessions
of Parliament. |
| |
(2) |
Subject
to the provisions of the preceding paragraph, the sittings
of the National Assembly shall be held at such time and place
as the Assembly may, by its rules of procedure or otherwise,
determine. |
| 70. |
(1) |
The
President may at any time by proclamation prorogued Parliament. |
Propagation
and dissolution of Parliament. |
| |
(2) |
The
President may at any time by proclamation dissolve Parliament. |
| |
(3) |
Parliament,
unless sooner dissolved, shall continue for five years from
the date when the Assembly first meets after any dissolution
and shall then stand dissolved. |
| |
(4) |
During
any time when the President considers that Guyana is at war
Parliament may from time to time extend the period of five
years specified in the preceding paragraph by not more than
twelve months at a time:
Provided that the life of Parliament
shall not be extended under this paragraph by more than
five years.
|
| |
(5) |
If,
after a dissolution and before the holding of an election
of members of the Assembly, pursuant to the provisions of
article 61, the President considers that owing to the existence
of a state of war of a state of emergency in Guyana or any
part thereof, it is necessary to recall Parliament, the President
shall summon the Parliament that has been dissolved to meet,
but the election of members of the Assembly shall proceed
and the Parliament that has been recalled shall, if not sooner
dissolved, again stand dissolved on the day before the day
on which the election is held. |
