The Grenada Constitution Order, 1973

Whereas the Associated State of Grenada has, by a resolution passed in the House of Representatives thereof on 12th October 1973 and by a resolution passed in the Senate thereof on 15th October 1973, requested and consented to the making of this Order:

Now, therefore, Her Majesty, by virtue and in exercise of the powers vested in Her in that behalf by section 5(4) of the West Indies Act 1967(a), pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-

1.-(1) This Order may be cited as the Grenada Constitution Order 1973.

(2) This Order shall come into operation on 7th February 1974.

2.-(1) The Grenada Constitution Order 1967(b)and the Grenada Constitution (Amendment) Order 1973(c) are revoked.

(2) The Constitution of Grenada set out in Schedule 1 to this Order shall come into effect in Grenada at the commencement of this Order subject to the transitional provisions set out in Schedule 2 to this Order.

W. G. Agnew

PREAMBLE

Section
1. Fundamental rights and freedoms.
2. Protection of right to life.
3. Protection of right to personal liberty.
4. Protection from slavery and forced labour.
5. Protection from inhuman treatment.
6. Protection from deprivation of property.
7. Protection from arbitrary search or entry.
8. Provisions to secure protection of law.
9. Protection of freedom of conscience.
10. Protection of freedom of expression.
11. Protection of freedom of assembly and association.
12. Protection of freedom of movement.
13. Protection from discrimination on the grounds of race, etc.
14. Derogations from fundamental rights and freedoms under emergency powers.
15. Protection of persons detained under emergency laws.
16. Enforcement of protective provisions.
17. Declaration of emergency.
18. Interpretation and savings.

19. Establishment of office of Governor-General.
20. Oaths to be taken by Governor-General.
21. Acting Governor-General.
22. Deputy to Governor-General.

23. Establishment of Parliament.

24. Composition of Senate.
25. Qualifications for appointment as Senator.
26. Disqualifications for appointment as Senator.
27. Tenure of office of Senators.
28. President and Deputy President of Senate.

Section
29. House of Representatives.
30. Qualifications for membership of House of Representatives.
31. Disqualifications for membership of House of Representatives.
32. Election of members of House of Representatives.
33. Tenure of office of members of House of Representatives.
34. Speaker and Deputy Speaker.
35. Supervisor of Elections.

36. Clerks to Houses of Parliament and their staff.
37. Determination of questions as to membership of Parliament.

38. Power to make laws.
39. Alteration of this Constitution and certain other laws.
40. Oath by members of Parliament.
41. Presiding in Houses of the Parliament.
42. Quorum.
43. Voting.
44. Unqualified persons sitting or voting.
45. Mode of exercise of legislative power.
46. Restrictions with regard to certain financial measures.
47. Restrictions on powers of Senate as to money bills.
48. Restrictions on powers of Senate as to bills other than money bills.
49. Provisions relating to sections 46, 47 and 48.
50. Regulation of procedure in Houses of Parliament.

51. Sessions of Parliament.
52. Prorogation and dissolution of Parliament.
53. General elections.

54. Constituencies.
55. Constituency Boundaries Commission.
56. Review of constituency boundaries.

57. Exercise of executive authority of Grenada.
58. Ministers.
59. Cabinet of Ministers.
60. Allocation of portfolios to Ministers.
61. Performance of functions of Prime Minister during absence or illness.
62. Exercise of Governor-General's functions.
63. Governor-General to be informed concerning matters of government.
64. Parliamentary Secretaries.
65. Oaths to be taken by Ministers, etc.
66. Leader of the Opposition.
67. Permanent secretaries.
68. Secretary to the Cabinet.
69. Constitution of offices, etc.
70. Attorney-General.
71. Director of Public Prosecutions.
72. Prerogative of mercy.
73. Advisory Committee on Prerogative of Mercy.
74. Functions of Advisory Committee.

75. Consolidated Fund.
76. Withdrawals from Consolidated Fund or other public funds.
77. Authorisation of expenditure from Consolidated Fund by Appropriation law.
78. Authorisation of expenditure in advance of appropriation.
79. Contingencies Fund.
80. Remuneration of certain officers.
81. Public debt.
82. Director of Audit.

83. Public Service Commission.
84. Appointment, etc., of public officers.

85. Appointment etc. of permanent secretaries and certain other officers.
86. Director of Public Prosecutions.
87. Director of Audit.
88. Appointment, etc., of magistrates, registrars and legal officers.
89. Police Force.

Section
90. Public Service Board of Appeal.
91. Appeals in discipline case.

92. Pensions laws and protection of pensions rights.
93. Power to withhold pensions, etc.

94. Persons who become citizens on 7th February 1974.
95. Persons entitled to be registered as citizens.
96. Persons born in Grenada on or after 7th February 1974.
97. Persons born outside Grenada on or after 7th February 1974.
98. Marriage to citizen of Grenada.
99. Powers of Parliament.
100. Interpretation.

101. Original jurisdiction of High Court in constitutional questions.
102. Reference of constitutional questions to High Court.
103. Appeals to Court of Appeal.
104. Appeals to Her Majesty in Council.
105. Courts Order.

106. Supreme law.
107. Local government.
108. Certain question not to be enquired into in any court.
109. Resignations.
110. Re-appointments and concurrent appointments.
111. Interpretation.

Provisions of the Constitution referred to in section 39(5).

Rules Relating to Constituencies.

Forms of Oath.

Whereas the people of Grenada-

(a) have affirmed that their nation is founded upon principles that acknowledge the fatherhood and supremacy of God and man's duties toward his fellow man ;

(b) recognize that, inasmuch as spiritual development is of supreme importance to human existence, and the highest expression thereof, it is their aspiration to serve that end with all their strength and resources ;

(c) firmly believe in the dignity of human values and that all men are endowed by the Creator with equal and inalienable rights, reason, and conscience ; that rights and duties are correlatives in every social and political activity of man ; and that while rights exalt individual freedom, duties express the dignity of that freedom ;

(d) express their respect for the rule of law ; and since moral conduct constitutes the noblest flowering of their culture and their plural heritage, regard it as the duty of every man always to hold it in high respect ;

(e) reiterate that the ideal of free men enjoying freedom from fear and want can be best achieved if conditions are created whereby everyone may enjoy his economic, social and political, civil and cultural rights ;

(f) desire that their constitution should reflect the above mentioned principles and beliefs which represent those high ideals upon which their nation is founded, and make provision for ensuring the protection in Grenada of fundamental rights and freedoms :

Now, therefore, the following provisions shall have effect as the Constitution of Grenada :-

1. Whereas every person in Grenada is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-

1. life, liberty, security of the person and the protection of the law ;
   
2. freedom of conscience, of expression and of assembly and association ;
   
3. protection for the privacy of his home and other property and from deprivation of property without compensation ; and
   
4. the right to work,
   

2.-(1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a Criminal offence under the law of Grenada of which be has been convicted.

(2) A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of force such as is reasonably justifiable-

1. for the defence of any person from violence or for the defence of property ;
   
2. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained ;
   
3. for the purpose of suppressing a riot, insurrection or mutiny ; or
   
4. in order to prevent the commission by that person of a criminal offence,
   or if be dies as the result of a lawful act of war.

    

1. in execution of the sentence or order of a court, whether established for Grenada or some other country, in respect of a criminal offence of which he has been convicted ;
   
2. in execution of the order of the High Court or the Court of Appeal punishing him for contempt of that court or of another court or tribunal ;
   
3. in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law ;
   
4. for the purpose of bringing him before a court in execution of the order of a court ;
   
5. upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law of Grenada ;
   
6. under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years ;
   
7. for the purpose of preventing the spread of an infectious or contagious disease ;
   
8. in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community ;
   
9. for the purpose of preventing the unlawful entry of the person into Grenada, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Grenada or for the purpose of restricting that person while he is being conveyed through Grenada in the course of his extradition or removal as a convicted prisoner from one country to another ; or
   
10. to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Grenada, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Grenada in which, in consequence of any such order, his presence would otherwise be unlawful.

     

(3) Any person who is arrested or detained-

1. for the purpose of bringing him before a court in execution of the order of a court ; or
   
2. upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law of Grenada,
   and who is not released, shall be brought without undue delay before a court.

    

(5) If any person arrested or detained as mentioned in subsection (3)(b) of this section is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.

(6) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person or from any other person or authority on whose behalf that other person was acting.

(7) For the purposes of subsection (1)(a) of this section a person charged before a court with a criminal offence under the law of Grenada in respect of whom a special verdict has been returned that he was guilty of the act or omission charged but was insane when he did the act or made the omission shall be regarded as a person who has been convicted of a criminal offence, and the detention of that person in consequence of such a verdict shall be regarded as detention in execution of the order of a court.

4.-(1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced labor.

(3) For the purpose of this section, the expression "forced labour" does not include-

1. any labour required in consequence of the sentence or order of a court ;
   
2. labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained ;
   
3. any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military, or air force, any labour that that person is required by law to perform in place of such service ;
   
4. any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation.

    

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment that was lawful in Grenada immediately before the coming into operation of this Constitution.

6.-(1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where provision is made by a law applicable to that taking of possession or acquisition for the prompt payment of full compensation.

(2) Every person having an interest in or right over property which is compulsorily taken possession of or whose interest in or right over any property is compulsorily acquired shall have a right of direct access to the High Court for-

1. the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right and the amount of any compensation to which he is entitled and
   
2. the purpose of obtaining prompt payment of that compensation:

(3) The Chief Justice may make rules with respect to the practise and procedure of the High Court or any other tribunal or authority in relation to the jurisdiction conferred on the High Court by subsection (2) of this section or exercisable by the other tribunal or authority for the purposes of that subsection (including rules with respect to the time within which applications or appeals to the High Court or applications to the other tribunal or authority may be brought).

(4) No person who is entitled to compensation under this section shall be prevented from remitting, within a reasonable time after he has received any amount of that compensation, the whole of that amount (free from any deduction, charge or tax made or levied in respect of its remission) to any country of his choice outside Grenada.

(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (4) of this section to the extent that the law in question authorises-

1. the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party ; or
   
2. the imposition of reasonable restrictions on the manner in which any amount of compensation is to be remitted.

    

1. to the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or right-
   
   1. in satisfaction of any tax, rate or due ;
      
   2. by way of penalty for breach of the law or forfeiture in consequence of a breach of the law ;
      
   3. as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract ;
      
   4. in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations ;
      
   5. in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or likely to be injurious to the health of human beings, animals or plants ;
      
   6. in consequence of any law with respect to the limitation of actions ; or
      
   7. for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out),
      
   and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society ; or

    

2. to the extent that the law in question makes provision for the taking of possession or acquisition of any of the following property (including an interest in or right over property), that is to say-
   
   1. enemy property ;
      
   2. property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein ;
      
   3. property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of administration for the benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property , or
   4. property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.

       

7.-(1) Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-

1. that is reasonably required in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development and utilization of mineral resources or the development or utilization of any property for a purpose beneficial to the community ;
   
2. that is reasonably required for the purpose of protecting the rights or freedoms of other persons ;
   
3. that authorises an officer or agent of the Government of Grenada, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that Government, authority or body corporate, as the case may be ; or
   
4. that authorises, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such order, and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

    

(2) Every person who is charged with a criminal offence-

1. shall be presumed to be innocent until he is proved or has pleaded guilty ;
   
2. shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged ;
   
3. shall be given adequate time and facilities for the preparation of his defence ;
   
4. shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice ;
   
5. shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution ; and
   
6. shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge,
   

Provided that, in such circumstances as may be prescribed by law, the trial may take place in the absence of the person charged so long as no punishment of death or imprisonment (other than imprisonment in default of payment of a fine) is awarded in the event of his conviction.

(3) When a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.

(4) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.

(5) No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.

(6) No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.

(7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.

(8) Any court or other authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial ; and where proceedings for such a determination are instituted by any person before such a court or other authority, the case shall be given a fair hearing within a reasonable time.

(9) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the court or other authority, shall be held in public.

(10) Nothing in subsection (9) of this section shall prevent the court or other authority from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other authority-
(a) may by law be empowered to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings ; or
(b) may by law be empowered or required to do in the interests of defence, public safety or public order.

(11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-

1. subsection (2)(a) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts ;
   
2. subsection (2)(e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds ; or
   
3. subsection (5) of this section to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law.

    

(13) In this section " criminal offence " means a criminal offence under the law of Grenada.

9.-(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practise and observance.

(2) Except with his own consent (or, if he is a person under the age of eighteen years, the consent of his guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own.

(3) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains ; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any places of education which it wholly maintains or in the course of any education which it otherwise provides.

(4) No person shall be compelled to take any oath which is contrary to this religion or belief or to take any oath in a manner which is contrary to his religion or belief.

(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably required-

1. in the interests of defence, public safety, public order, public morality or public health ; or
   
2. for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion,
   

(6) References in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.

10.-(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent, that the law in question makes provision-

1. that is reasonably required in the interests of defence, public safety, public order, public morality or public health ;
   
2. that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television ; or
   
3. that imposes restrictions upon public officers, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

    

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-

1. that is reasonably required in the interests of defence, public safety, public order, public morality or public health ;
   
2. that is reasonably required for the purpose of protecting the rights or freedoms of other persons ; or
   
3. that imposes restrictions upon public officers, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

    

(2) Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.

(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-

1. for the imposition of restrictions on the movement or residence within Grenada of any person or on any person's right to leave Grenada that are reasonably required in the interests of defence, public safety or public order ;
   
2. for the imposition of restrictions on the movement or residence within Grenada or on the right to leave Grenada of persons generally or any class of persons in the interests of defence, public safety, public order, public morality or public health and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society ;
   
3. for the imposition of restrictions, by order of a court, on the movement or residence within Grenada of any person or on any person's right to leave Grenada either in consequence of his having been found guilty of a criminal offence under the law of Grenada or for the purpose of ensuring that he appears before a court at a later date for trial of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his extradition or lawful removal from Grenada ;
   
4. for the imposition of restrictions on the freedom of movement of any person who is not a citizen of Grenada ;
   
5. for the imposition of restrictions on the acquisition or use by any person of land or other property in Grenada ;
   
6. for the imposition of restrictions upon the movement or residence within Grenada or on the right to leave Grenada of any public officer ;
   
7. for the removal of a person from Grenada to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under the law of Grenada of which he has been convicted ; or
   
8. for the imposition of restrictions on the right of any person to leave Grenada that are reasonably required in order to secure the fulfillment of any obligations imposed on that person by law and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

    

(5) On any review by a tribunal in pursuance of subsection (4) of this section of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of the continuation of that restriction to the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any such recommendations.

13.-(1) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.

(2) Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.

(3) In this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.

(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision-

1. for the appropriation of public revenues or other public funds ;
   
2. with respect to persons who are not citizens of Grenada ; or
   
3. whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.

    

(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or subsection (5) of this section.

(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 7, 9, 10, 11 and 12 of this Constitution, being such a restriction as is authorised by section 7(2), section 9(5), section 10(2), section 11(2) or paragraph (a), (b) or (h) of section 12(3), as the case may be.

(8) Nothing in subsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.

14. Nothing contained in or done under the authority of a law enacted by Parliament shall be held to be inconsistent with or in contravention of section 3 or section 13 of this Constitution to the extent that the law authorises the taking during any period of public emergency of measures that are reasonably justifiable for dealing with the situation that exists in Grenada during that period.

15.-(1) When a person is detained by virtue of any such law as is referred to in section 14 of this Constitution the following provisions shall apply, that is to say :-

1. he shall, as soon as reasonably practicable and in any case not more than seven days after the commencement of his detention, be furnished with a statement in writing in a language that he understands specifying in detail the grounds upon which he is detained ;
   
2. not more than fourteen days after the commencement of his detention, a notification shall be published in the Official Gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised ;
   
3. not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than six months, 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 persons who are entitled to practice as a barrister or a solicitor in Grenada ;
   
4. he shall be afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the detained person ; and
   
5. at the hearing of his case by the tribunal appointed for the review of his case he shall be permitted to appear in person or by a legal representative of his own choice.

    

(3) Nothing contained in subsection (l)(d) or subsection (l)(e) of this section shall be construed as entitling a person to legal representation at public expense.

16.-(1) If any person alleges that any of the provisions of sections 2 to 15 (inclusive) of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.

(2) The High Court shall have original jurisdiction-

1. to hear and determine any application made by any person in pursuance of subsection (1) of this section ; and
   
2. to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section and may make such declarations or 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 sections 2 to 15 (inclusive) of this Constitution :
   

(3) If in any proceedings in any court (other than the Court of Appeal, the High Court or a court martial) any question arises as to the contravention of any of the provisions of sections 2 to 15 (inclusive) of this Constitution, 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.

(4) Where any question is referred to the High Court in pursuance of subsection (3) of this section, the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.

(5) Parliament may confer upon the High Court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.

(6) The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the High Court).

17.-(1) The Governor-General may, by Proclamation which shall be published in the Gazette, declare that a state of emergency exists for the purposes of this Chapter.

(2) Every declaration of emergency shall lapse-

1. in the case of a declaration made when Parliament is sitting, at the expiration of a period of seven days beginning with the date of publication of the declaration ; and
   
2. in any other case, at the expiration of a period of twenty-one days beginning with the date of publication of the declaration unless it has in the meantime been approved by a resolution of both Houses of Parliament.

    

(4) A declaration of emergency that has been approved by a resolution of the Houses of Parliament in pursuance of subsection (2) of this section shall, subject to the provisions of subsection (3) of this section, remain in force so long as the resolution of both those Houses remains in force and no longer.

(5) A resolution of a House of Parliament passed for the purposes of this section shall remain in force for six months or such shorter period as may be specified therein :
Provided that any such resolution may be extended from time to time by a further such resolution, each extension not exceeding six months from the date of the resolution effecting the extension; and any such resolution may be revoked at any time by a resolution of that House.

(6) A resolution of a House of Parliament for the purposes of subsection (2) of this section and a resolution of a House extending any such resolution shall not be passed unless it is supported by the votes of a majority of all the members of the House.

(7) Any provision of this section that a declaration of emergency shall lapse or cease to be in force at any particular time is without prejudice to the making of a further such declaration whether before or after that time.

(8) The Governor-General may summon the Houses of Parliament to meet for the purposes of subsection (2) of this section notwithstanding that Parliament then stands dissolved, and the persons who were members of the Senate and the House of Representatives immediately before the dissolution shall be deemed, for those purposes, still to be members of those Houses but, subject to the provisions of sections 28(3) and 34(4) of this Constitution (which relate to the election of the President of the Senate and the Speaker of the House of Representatives), a House of Parliament shall not, when summoned by virtue of this subsection, transact any business other than debating and voting upon a resolution for the purposes of subsection (2) of this section.

18.-(1) In this Chapter, unless the context otherwise requires-
"contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly ;
"court" means any court of law having jurisdiction in Grenada other than a court established by a disciplinary law, and includes Her Majesty in Council and in sections 2 and 4 of this Constitution a court established by a disciplinary law ;
"disciplinary law" means a law regulating the discipline of any disciplined force ;
"disciplined force" means-

1. a naval, military or air force ;
   
2. the Police Force ; or
   
3. a prison service ;
   

(2) In this Chapter " a period of public emergency " means any period during which-

1. Her Majesty is at war ; or
   
2. a declaration of emergency is in force under section 17 of this Constitution.
   

(4) In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid, and lawfully present in Grenada, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter.

19. There shall be a Governor-General of Grenada who shall be appointed by Her Majesty and shall hold office during Her Majesty's pleasure and who shall be Her Majesty's representative in Grenada.

20. A person appointed to hold the office of Governor-General shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and the oath of office.

21.-(1) During any period when the office of Governor-General is vacant or the holder of the office of Governor-General is absent from Grenada or is for any other reason unable to perform the functions of his office those functions shall be performed by such person as Her Majesty may appoint.

(2) Before assuming the functions of the office of Governor-General any such person as aforesaid shall make the oaths directed by section 20 of this Constitution to be made by the Governor-General.

(3) Any such person as aforesaid shall not continue to perform the functions of the office of Governor-General if the holder of the office of Governor-General or some other person having a prior right to perform the functions of that office has notified him that he is about to assume or resume those functions.

(4) The holder of the office of Governor-General shall not, for the purposes of this section, be regarded as absent from Grenada or as unable to perform the functions of his office-

1. by reason that he is in passage from one part of Grenada to another ; or
   
2. at any time when there is a subsisting appointment of a deputy under section 22 of this Constitution.

    

1. has occasion to be absent from the seat of Government but not from Grenada ;
   
2. has occasion to be absent from Grenada for a period which he considers, acting in his own deliberate judgment, will be of short duration ; or
   
3. is suffering from an illness which he considers, acting in his own deliberate judgment, will be of short duration, he may, acting in accordance with the advice of the Prime Minister, appoint any person in Grenada to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of Governor-General as may be specified in the instrument by which he is appointed.

    

(3) A person appointed as deputy under this section shall hold that appointment for such period as may be specified in the instrument by which he is appointed, and his appointment may be revoked at any time by the Governor-General, acting in accordance with the advice of the Prime Minister.

23. There shall be a Parliament of Grenada which shall consist of Her Majesty, a Senate and a House of Representatives.

24.-(1) The Senate shall consist of thirteen members (in this Constitution referred to as "Senators") who shall be appointed by the Governor-General in accordance with this section.

(2) Of the Senators-

1. seven shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister ;
   
2. three shall be appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition ; and
   
3. three shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister after the Prime Minister has consulted the organizations or interests which the Prime Minister considers the Senators should be selected to represent.

    

1. is a Commonwealth citizen who has attained the age of eighteen years ;
   
2. has either resided in Grenada for a period of twelve months immediately before the date of his appointment or is domiciled and resident in Grenada at that date ; and
   
3. is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him to take an active part in the proceedings of the Senate.

    

1. is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state ;
   
2. is an undercharged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Grenada ;
   
3. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Grenada ;
   
4. is under sentence of death imposed on him by a court in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever named called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended ;
   
5. subject to such exceptions and limitations as may be prescribed by Parliament, he has any such interest in any such government contract as may be prescribed.

    

(3) No person shall be qualified to be appointed as a Senator who is a member of the House of Representatives.

(4) Parliament may provide that, subject to such exceptions and limitations (if any) as Parliament may prescribe, a person shall not be qualified to be appointed as a Senator if,-

1. he holds or is acting in any office or appointment (either individually or by reference to a class of public office or appointment) ;
   
2. he belongs to any of the armed forces of the Crown or to any class of person that is comprised in any such force ; or
   
3. he belongs to any police force or to any class of person that is comprised in any such force.

    

1. 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
   
2. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

    

27.-(1) A 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-

1. if 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 ;
   
2. if he ceases to be a Commonwealth citizen ;
   
3. if, with his consent, he is nominated as a candidate for election to the House of Representatives or if he is elected to be a member of that House ;
   
4. subject to the provisions of subsection (3) of this section, if any other circumstances arise that, if he were not such a member, would cause him to be disqualified to be appointed as such by virtue of subsection (1) of section 26 of this Constitution or of any law enacted in pursuance of subsection (2) or (4) of that section ; or
   
5. if the Governor-General, acting in accordance with the advice of the Prime Minister in the case of a Senator appointed under paragraph (a) or (c) of subsection (2) of section 24 of this Constitution or in accordance with the advice of the Leader of the Opposition in the case of a Senator appointed under paragraph (b) of that subsection, declares the seat of that Senator to be vacant.

    

1. If any circumstances such as are referred to in paragraph (d) of subsection (2) of this section arise because any Senator is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if 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 but, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter :
   Provided that the President of the Senate may, at the request of the Senator, 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 be given without the approval, signified by resolution, of the Senate.
   
2. 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 Senator to appeal, he shall forthwith vacate his seat.
   
3. If at any time before the Senator vacates his seat such circumstances aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance of his functions as a Senator.

    

(2) When the Senate first meets or after it has been dissolved, it shall, as soon as practicable, elect a Senator, not being a Minister or a Parliamentary Secretary, to be Deputy President ; and whenever the office of Deputy President becomes vacant, the Senate shall, as soon as convenient, elect another Senator to fill that office.

(3) No business shall be transacted in the Senate (other than the election of a President) at any time when the office of President is vacant.

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

1. if he ceases to be a Senator :

   Provided that the President 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 ;
   

2. if he is appointed to be a Minister or a Parliamentary Secretary ; or
   
3. in the case of the Deputy President, if he is elected to be President.

    

1. If, by virtue of section 27(3) of this Constitution, the President or Deputy 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 or Deputy President, 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-
   
   1. in the case of the President, by the Deputy President or, if the office of Deputy President is vacant or the Deputy President is required to cease to perform his functions as a Senator by virtue of section 27(3) of this Constitution, by such Senator (not being a Minister or a Parliamentary Secretary) as the Senate may elect for the purpose ;
      
   2. in the case of the Deputy President, by such Senator (not being a Minister or a Parliamentary Secretary) as the Senate may elect for the purpose ;
      
2. If the President or Deputy President resumes the performance of his functions as a Senator, in accordance with the provisions of section 27(3)(c) of this Constitution, he shall also resume the performance of his functions as President or Deputy President, as the case may be.

    

29.-(1) The House of Representatives shall consist of such number of members as corresponds with the number of constituencies for the time being established for Grenada under section 56 of this Constitution, who shall be elected in accordance with the provisions of section 32 of this Constitution.

(2) If a 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.

30. Subject to the provisions of section 31 of this Constitution, a person shall be qualified to be elected as a member of the House of Representatives if, and shall not be so qualified unless, he-

1. is a Commonwealth citizen who has attained the age of eighteen years ;
   
2. has resided in Grenada for a period of twelve months immediately before the date of his nomination for election or is domiciled and resident in Grenada at that date ; and
   
3. is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him to take an active part in the proceedings of the House.

    

1. is by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state ;
   
2. is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Grenada ;
   
3. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Grenada ;
   
4. is under sentence of death imposed on him by a court in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended ; or
   
5. subject to such exceptions and limitations as may be prescribed by Parliament, he has any such interest in any such government contract as may be prescribed.

    

(3) Parliament may provide that a person who is convicted by any court of any offence that is prescribed by Parliament and that is connected with the election of members of the House of Representatives or is reported guilty of such an offence by the court trying an election petition shall not be qualified, for such period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed, to be elected as a member of the House.

(4) Parliament may provide that, subject to such exceptions and limitations (if any) as Parliament may prescribe, a person shall not be qualified to be elected as a member of the House of Representatives if,-

1. he holds or is acting in any public office or appointment (either individually or by reference to a class of public office or appointment) ;
   
2. he belongs to any of the armed forces of the Crown or to any class of person that is comprised in any such force ; or
   
3. he belongs to any police force or to any class of person that is comprised in any such force.

    

1. 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
   
2. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

    

32.-(1) Each of the constituencies into which Grenada is divided in accordance with the provisions of section 56 of this Constitution shall return one member to the House of Representatives who shall be directly elected in such manner as may, subject to the provisions of this Constitution, be prescribed by or under any law.

(2)

1. Every Commonwealth citizen who has attained the prescribed age and who possesses such qualifications relating to residence or domicile in Grenada as Parliament may prescribe shall, unless he is disqualified by Parliament from registration as a voter for the purposes of elections of members of the House of Representatives, be entitled to be registered as such a voter under any law in that behalf, and no other person may be so registered.
   
2. Every person who is registered as aforesaid in any constituency shall, unless he is disqualified by Parliament from voting in that constituency in any election of members of the House of Representatives, be so entitled to vote, in accordance with the provisions of any law in that behalf, and no other person may so vote.
   
3. The prescribed age for the purposes of this subsection shall be the age of eighteen years.

    

33.-(1) A member of the House of Representatives shall vacate his seat in the House at the next dissolution of Parliament after his House of election.

(2) A member of the House of Representatives shall also vacate his seat in the House-

1. if 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 ;
   
2. if he ceases to be a Commonwealth citizen ; or
   
3. subject to the provisions of subsection (3) of this section, if any other circumstances arise that, if he were not such a member, would cause him to be disqualified to be elected as such by virtue of subsection (1) of section 31 of this Constitution or of any law enacted in pursuance of subsection (2), (3) or (4) of that section.

    

1. If any circumstances such as are referred to in paragraph (c) of subsection (2) of this section 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 reported 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, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter :

   Provided that the Speaker may, at the request of the member, 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.
   

2. 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.
   
3. 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 in paragraph (a) of this subsection and he may resume the performance of his functions as a member of the House.

    

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

Provided that a person who is not a member of the House of Representatives shall not be elected as Speaker if-

1. he is not a Commonwealth citizen ; or
   
2. he is a person disqualified for election as a member of the House of Representatives by virtue of section 31(1) of this Constitution or any law enacted in pursuance of subsection (2), (3) or (4) of that section.

    

(4) No business shall be transacted in the House of Representatives (other than the election of a Speaker) at any time when the office of Speaker is vacant.

(5) A person shall vacate the office of Speaker-

1. in the case of a Speaker elected from among persons who are not members of the House-
   
   1. when the House first meets after any dissolution of Parliament ;
      
   2. if he ceases to be a Commonwealth citizen ; or
      
   3. if any circumstances arise that would cause him to be disqualified for election as a member of the House of Representatives by virtue of section 31(1) of this Constitution or any law enacted in pursuance of subsection (2), (3) or (4) of that section ; or

       

2. in the case of a Speaker elected from among the members of the House-
   
   1. if he ceases to be a member of the House :
      Provided 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 the dissolution ; or
      
   2. if he is appointed to be a Minister or a Parliamentary Secretary.

       

1. if he ceases to be a member of the House ;
   
2. if he is appointed to be a Minister or a Parliamentary Secretary ; or
   
3. if he is elected to be Speaker.

    

1. If, by virtue of section 33(3) of this Constitution, the Speaker or Deputy Speaker is required to cease to perform his functions as a member of the House of Representatives 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-

    

   1. 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 33(3) of this Constitution, by such member of the House (not being a Minister or a Parliamentary Secretary) as the House may elect for the purpose ;
      
   2. in the case of the Deputy Speaker, by such member of the House (not being a Minister or a Parliamentary Secretary) as the House may elect for the purpose.

       

2. If the Speaker or Deputy Speaker resumes the performance of his functions as a member of the House, in accordance with the provisions of section 33(3) of this Constitution, he shall also resume the performance of his functions as Speaker or Deputy Speaker, as the case may be.

    

(2) The functions of the office of Supervisor of Elections shall be exercised by the person holding or acting in such public office as may for the time being be designated in that behalf by the Governor-General acting in his own deliberate judgment.

(3) A person shall not enter upon the duties of the office of Supervisor of Elections until he has taken and subscribed the oath of allegiance and the oath of office.

(4) For the purposes of the exercise of his functions under subsection (1) of this section, the Supervisor of Elections may give such directions as he considers necessary or expedient to any registering officer ; presiding officer or returning officer relating to the exercise by that officer of his functions under any law regulating the registration of voters or the conduct of elections, and any officer to whom directions are given under this subsection shall comply with those directions.

(5) The Supervisor of Elections may, whenever he considers it necessary or expedient so to do, report to the House of Representatives on the exercise of his functions under the foregoing provisions of this section ; he shall submit every such report to the Minister for the time being responsible for matters relating to the election of members of the House of Representatives and that Minister shall, not later than seven days after the House first meets after he has received the report, lay it before the House.

(6) In the exercise of his functions under the foregoing provisions of this section, the Supervisor of Elections shall not be subject to the direction or control of any other person or authority.

(7) The Supervisor of Elections shall exercise such other functions in relation to elections (whether to the House of Representatives or to local government authorities) as may be prescribed by or under any law enacted by Parliament.

36.-(1) There shall be a Clerk to the Senate and a Clerk to the House of Representatives :

Provided that the offices of Clerk to the Senate and Clerk to the House of Representatives may be held by the same person.

(2) Subject to the provisions of any law enacted by Parliament, the office of Clerk of each House of Parliament and the members of his staff shall be offices in the public service.

37.-(1) The High Court shall have jurisdiction to hear and determine any question whether-

1. any person has been validly appointed as a Senator ;
   
2. any person has been validly elected as a member of the House of Representatives ;
   
3. any person who has been elected as Speaker of the House of Representatives from among persons who were not members thereof was qualified to be so elected or has vacated the office of Speaker ;
   
4. any Senator or member of the House of Representatives has vacated his seat or is required, under the provisions of section 27(3) or 33(3) of this Constitution, to cease to perform any of his functions as a Senator or member of the House of Representatives.

    

(3) An application to the High Court for the determination of any question under subsection (1)(c) of this section may be made by any member of the House of Representatives or by the Attorney-General and if it 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.

(4) An application to the High Court for the determination of any question under subsection (1)(d) of this section may be made-

1. in the case of a Senator, by a member of the Senate, by any person registered in a constituency as a voter in elections of members of the House of Representatives or by the Attorney-General ;
   
2. in the case of a member of the House of Representatives, by a member of that House or by any person registered in a constituency as a voter in elections of members of that House or by the Attorney- General,
   

(5) Parliament may make provision with respect to-

1. the circumstances and manner in which and the imposition of conditions upon which any application may be made to the High Court for the determination of any question under this section ; and
   
2. the powers, practice and procedure of the High Court in relation to any such application.

    

(7) No appeal shall lie from any decision of the Court of Appeal in exercise of the jurisdiction conferred by subsection (6) of this section and no appeal shall lie from any decision of the High Court in proceedings under this section other than a final decision determining such a question as is referred to in subsection (1) of this section.

(8) In the exercise of his functions under this section, the Attorney-General shall not be subject to the direction or control of any other person or authority.

38. Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Grenada.

39.-(1) Parliament may alter any of the provisions of this Constitution or of the Courts Order or section 3 of the West Indies Associated States (Appeals to Privy Council) Order 1967(a) in the manner specified in the following provisions of this section.

(2) A bill to alter this Constitution or the Courts Order or section 3 of the West Indies Associated States (Appeals to Privy Council) Order 1967 shall not be regarded as being passed by the House of Representatives unless on its final reading in that House the bill is supported by the votes of not less than two-thirds of all the members of the House.

(3) An amendment made by the Senate to such a bill that has been passed by the House of Representatives shall not be regarded as being agreed to by the House of Representatives for the purpose of section 48 of this Constitution unless such agreement is signified by resolution supported by the votes of not less than two-thirds of all the members of the House of Representatives.

(4) For the purposes of section 48(4) of this Constitution, an amendment of a bill to alter this Constitution or the Counts Order or section 3 of the West Indies Associated States (Appeals to Privy Council) Order 1967 shall not be suggested to the Senate by the House of Representatives unless a resolution so to suggest the amendment has been supported by the votes of not less than two-thirds of all the members of the House of Representatives.

(5) A bill to alter this section, Schedule 1 to this Constitution or any of the provisions of this Constitution specified in Part I of that Schedule or any of the provisions of the Courts Order specified in Part II of that Schedule or section 3 of the West Indies Associated States (Appeals to Privy Council) Order 1967 shall not be submitted to the Governor for his assent unless-

1. there has been an interval of not less than ninety days between the introduction of the bill in the House of Representatives and the beginning of the proceedings in the House on the second reading of the bill in that House ;
   
2. after it has been passed by both Houses of Parliament or, in the case of a bill to which section 48 of this Constitution applies, after its rejection by the Senate for the second time ; and
   
3. the bill has been approved on a referendum, held in accordance with such provision as may be made in that behalf by Parliament, by not less than two-thirds of all the votes validly cast on that referendum.

    

(7) The conduct of any referendum for the purposes of subsection (5) of this section shall be under the general supervision of the Supervisor of Elections and the provisions of subsections (4), (5) and (6) of section 35 of this Constitution shall apply in relation to the exercise by the Supervisor of Elections or by any other officer of his functions with respect to a referendum as they apply in relation to the exercise of his functions with respect to elections of members of the House of Representatives.

(8)

1. A bill to alter this Constitution or the Courts Order or section 3 of the West Indies Associated States (Appeals to Privy Council) Order 1967 shall not be submitted to the Governor-General for his assent unless it is accompanied by a certificate under the hand of the Speaker of the House of Representatives (or, if the Speaker is for any reason unable to exercise the functions of his office, the Deputy Speaker) that the provisions of subsection (2), (3) or (4), as the case may be, of this section have been complied with and, where a referendum has been held, by a certificate of the Supervisor of Elections stating the results of the referendum.
   
2. The certificate of the Speaker or, as the case may be, the Deputy Speaker under this subsection shall be conclusive that the provisions of subsection (2), (3) or (4) of this section have been complied with and shall not be enquired into in any court of law.

    

1. references to this Constitution include references to any law that alters this Constitution ;
   
2. references to the Courts Order are references to the West Indies Associated States Supreme Court Order 1967(a) in so far as it has effect as part of the law of Grenada and include references to any law that alters that Order in so far as it has such effect ;
   
3. references to section 3 of the West Indies Associated States (Appeals to Privy Council) Order 1967 are references to that section in so far as it has effect as part of the law of Grenada and include references to any law that alters that section in so far as it has such effect ;
   
4. references to altering this Constitution or the Courts Order or section 3 of the West Indies Associated States (Appeals to Privy Council) Order 1967, as the case may be, or to altering any provision include references-
   
   1. to revoking it, with or without re-enactment thereof or the making of different provision in lieu thereof ;
      
   2. to modifying it, whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise ; and
      
   3. to suspending its operation for any period or terminating any such suspension.

       

(2) Any person elected to the office of President of the Senate or Speaker of the House of Representatives shall, if he has not already taken and subscribed the oath of allegiance under subsection (1) of this section, take and subscribe that oath before the House before entering upon the duties of his office.

41.-(1) There shall preside at any sitting of the Senate-

1. the President ; or
   
2. in the absence of the President, the Deputy President ; or
   
3. in the absence of the President and the Deputy President, such member of the Senate (not being a Minister or a Parliamentary Secretary) as the Senate may elect for that purpose.

    

1. the Speaker ; or
   
2. in the absence of the Speaker, the Deputy Speaker ; or
   
3. in the absence of the Speaker and the Deputy Speaker, such member of the House (not being a Minister or a Parliamentary Secretary) as the House may elect for that purpose.

    

(2) For the purposes of this section-

1. a quorum of the House of Representatives shall consist of five members and the Senate shall consist of four members ;
   
2. a person presiding at the sitting of either House shall not be included in reckoning whether there is a quorum of the House present.

    

(2) The President or other member presiding in the Senate and 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, except as otherwise provided in this section, he shall have and exercise a casting vote :

Provided that in the case of the question of the final reading of a bill such as is referred to in section 39(2) of this Constitution a Speaker or other member presiding in the House of Representatives who is an elected member of the House shall have an original vote but no casting vote.

(3) A Speaker elected from among persons who are not members of the House of Representatives shall have neither an original nor a casting vote and if, upon any question before the House when such Speaker is presiding, the votes of the members are equally divided, the motion shall be lost.

44.-(l) 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 exceeding one hundred dollars, or such other sum as may be prescribed by Parliament, for each day on which he so sits or votes in the House.

(2) Any prosecution for an offence under this section shall be instituted in the High Court and shall not be so instituted except by the Director of Public Prosecutions.

45.-(1) The power of Parliament to make laws shall be exercised by bills passed by the Senate and the House of Representatives (or in the cases mentioned in sections 47 and 48 of this Constitution by the House of Representatives) and assented to by the Governor-General behalf of Her Majesty.

(2) When a bill is submitted to the Governor-General for assent in accordance with the provisions of this Constitution he shall signify that he assents or that he withholds assent.

(3) When the Governor-General assents to a bill that has been submitted to him in accordance with the provisions of this Constitution the bill shall become law and the Governor-General shall thereupon cause it to be published in the Gazette as law.

(4) No law made by Parliament shall come into operation until it has been published in the Gazette but Parliament may postpone the coming into operation of any such law and may make laws with retrospective effect.

46.-(1) A bill other than a money bill may be introduced in either House of Parliament ; a money bill shall not be introduced in the measures.

(2) Except on the recommendation of the Governor-General signified by a Minister, neither House of Parliament shall-

1. proceed upon any bill (including any amendment to a bill) that, in the opinion of the person presiding, makes provision for any of the following purposes :-
   
   1. for the imposition of taxation or the alteration of taxation otherwise than by reduction ;
      
   2. for the imposition of any charge upon the Consolidated Fund or any other public fund of Grenada or the alteration of any such charge otherwise than by reduction ;
      
   3. for the payment, issue or withdrawal from the Consolidated Fund or any other public fund of Grenada of any monies not charged thereon or any increase in the amount of such payment, issue or withdrawal ; or
      
   4. for the composition or remission of any debt due to the Government of Grenada ; or
      
2. 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 those purposes.

    

(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 submitted to the Governor-General for assent in pursuance of subsection (1) of this section the certificate of the Speaker signed by him that it is a money bill and the provisions of that subsection have been complied with.

48.-(1) This section applies to any bill other than a money bill that 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.

(2) A bill to which this section applies shall, on its rejection for the second time by the Senate, unless the House of Representatives otherwise resolves, be submitted to the Governor-General for assent notwithstanding that the Senate has not consented to the bill :

Provided that-

1. the foregoing provisions of this subsection shall not have effect unless at least six 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 the House of Representatives in the second session ;
   
2. a bill such as is referred to in subsection (5) of section 39 of this Constitution shall not be submitted to the Governor-General for his assent unless the provisions of that subsection have been complied with and the power conferred on the House of Representatives by this subsection to resolve that a bill shall not be presented to the Governor-General for assent shall not be exercised in respect of such a bill.

    

(4) The House of Representatives may, if it thinks fit, on the passage through the House of a bill that is deemed 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 ; but the exercise of this power by the House shall not affect the operation of this section in the event of the rejection of the bill in the Senate.

(5) There shall be inserted in any bill that is submitted to the Governor-General for assent in pursuance of this section any amendments that are certified by the Speaker to have been made in the bill by the Senate in the second session and agreed to by the House.

(6) There shall be endorsed on any bill that is presented to the Governor-General 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.

49.-(1) In sections 46, 47 and 48 of this Constitution, "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, the imposition, repeal, remission, alteration or regulation of taxation; 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; the grant of money to the Crown or to any authority or person, or the variation or revocation of any such grant; the appropriation, receipt, custody, investment, issue or audit of accounts of public money; 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 subordinate matters incidental to any of the matters aforesaid; and in this subsection 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.

(2) For the purposes of section 48 of this Constitution, a bill shall be deemed to be rejected by the Senate if-

1. it is not passed by the Senate without amendment ; or
   
2. it is passed by the Senate with any amendment which is not agreed to by the House of Representatives.

    

(4) Any certificate of the Speaker or Deputy Speaker given under section 48 of this Constitution shall be conclusive for all purposes and shall not be questioned in any court of law.

(5) Before giving any certificate under section 47 or 48 of this Constitution the Speaker or Deputy Speaker, as the case may be, shall consult the Attorney-General.

50.-(1) Subject to the provisions of this Constitution, each House of Parliament may regulate its own procedure and may in particular make rules for the orderly conduct of its own proceedings.

(2) Each House of Parliament may act notwithstanding any vacancy in its membership (including any vacancy not filled when the House first meets after any general election) 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.

(3) Parliament may, for the purpose of the orderly and effective discharge of the business of the Senate and the House of Representatives, make provision for the powers, privileges and immunities of those Houses and the committees and the members thereof.

51.-(1) Each session of Parliament shall be held at such place within Grenada and shall commence at such time as the Governor-General may by Proclamation appoint.

(2) There shall be a session of Parliament 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.

52.-(1) The Governor-General may at any time prorogue or dissolve Parliament.

(2) Subject to the provisions of subsection (3) of this section Parliament, unless sooner dissolved, shall continue for five years from the date of the first sitting of Parliament after any dissolution and shall then stand dissolved.

(3) At any time when Her Majesty is at war, Parliament may extend the period of five years specified in subsection (2) of the section for not more than twelve months at a time :

Provided that the life of Parliament shall not be extended under this subsection for more than five years.

(4) In the exercise of his powers to dissolve Parliament, the Governor-General shall act in accordance with the advice of the Prime Minister :
Provided that-

1. if the majority of all the members of the House of Representatives pass a resolution that they have no confidence in the Government of Grenada and the Prime Minister does not within three days either resign or advise a dissolution, the Governor-General, acting in his own deliberate judgment, may dissolve Parliament ; and
   
2. if the office of the Prime Minister is vacant and the Governor-General, acting in his own deliberate judgment, considers that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the support of the majority of the members of the House of Representatives, the Governor-General shall dissolve Parliament.

    

(2) As soon as practicable after every general election the Governor-General shall proceed under section 24 of this Constitution to the appointment of Senators.

54. For the purpose of the election of members of the House of Representatives, Grenada shall be divided into such number of constituencies, having such boundaries as may be provided for by an Order made by the Governor-General in accordance with the provisions of section 56 of this Constitution.

55.-(1) There shall be a Constituency Boundaries Commission for Grenada which shall consist of-

1. the Speaker, as Chairman;
   
2. two members appointed by the Governor-General, acting in accordance with the advice of the Prime Minister; and
   
3. two members appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition.

    

(3) Subject to the provisions of this section, a member of the Commission, other than the Chairman, shall vacate his office-

1. at the next dissolution of Parliament after his appointment; or
   
2. if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.

    

(5) A member of the Commission shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under subsection (6) of this section and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.

(6) If the Prime Minister, in the case of a member appointed in accordance with paragraph (b) of subsection (1) of this section, or the Leader of the Opposition, in the case of a member appointed in accordance with paragraph (c) of that subsection, represents to the Governor-General that the question of removal of a member of the Commission from office for inability as aforesaid or for misbehaviour ought to be investigated, then-

1. the Governor-General shall appoint a tribunal, which shall consist of a Chairman and not less than two other members, selected by the Governor-General, acting in accordance with the advice of the Chief Justice, 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
   
2. the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether the member of the Commission ought to be removed from office for inability as aforesaid or for misbehaviour.

    

(8) The Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings :

Provided that any decision of the Commission shall require the concurrence of a majority of all its members.

(9) In the exercise of its functions under this Constitution the Commission shall not be subject to the control or direction of any other person or authority.

56.-(1) The Constituency Boundaries Commission shall, in accordance with the provisions of this section, review the number and boundaries of the constituencies into which Grenada is divided and submit to the Governor-General reports either-

1. showing the constituencies into which it recommends that Grenada should be divided in order to give effect to the rules set out in Schedule 2 to this Constitution ; or
   
2. 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.

    

1. in the case of its first report after the day upon which this Constitution comes into operation, not more than five years from 25th August 1971 ; and
   
2. of any subsequent report, not less than two nor more than five years from the date of the submission of its last report.

    

(4) Where any draft Order submitted to the House of Representatives under this section gives effect to any such recommendations with modifications, the Prime Minister shall lay before the House together with the draft Order a statement of the reasons for the modifications.

(5) If the motion for the approval of any draft Order laid before the House of Representatives under this section is rejected by the House, or is withdrawn by leave of the House, the Prime Minister shall amend the draft Order and lay the amended draft before the House.

(6) If any draft Order laid before the House of Representatives under this section is approved by resolution of the House, the Prime Minister shall submit it to the Governor-General who shall make an Order in terms of the draft ; and that Order shall come into force upon the next dissolution of Parliament after it is made.

(7) The question of the validity of any Order by the Governor-General 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 of law.

57.-(1) The executive authority of Grenada is vested in Her Majesty.

(2) Subject to the provisions of this Constitution, the executive authority of Grenada may be exercised on behalf of Her Majesty by the Governor-General either directly or through officers subordinate to him.

(3) Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the Governor-General.

58.-(1) There shall be a Prime Minister of Grenada, who shall be appointed by the Governor-General.

(2) Whenever the Governor-General has occasion to appoint a Prime Minister he shall appoint a member of the House of Representatives who appears to him likely to command the support of the majority of the members of the House.

(3) There shall be, in addition to the office of Prime Minister, such other offices of Minister as may be established by Parliament or, subject to the provisions of any law enacted by Parliament, by the Governor-General, acting in accordance with the advice of the Prime Minister.

(4) Appointments to the office of Minister, other than the office of Prime Minister, shall be made by the Governor-General, acting in accordance with the advice of the Prime Minister, from among the Senators and the members of the House of Representatives.

(5) If occasion arises for making an appointment to the office of Prime Minister or any other Minister while Parliament is dissolved, then, notwithstanding any other provision of this section, a person who was a member of the House of Representatives immediately before the dissolution may be appointed as Prime Minister or any other Minister and a person who was a Senator immediately before the dissolution may be appointed as any Minister other than Prime Minister.

(6) The Governor-General may remove the Prime Minister from office-

1. if a resolution of no confidence in the Government of Grenada is passed by the majority of all the members of the House of Representatives and the Prime Minister does not within three days either resign from his office or advise a dissolution of Parliament ; or
   
2. if, at any time between the holding of a general election of the members of the House of Representatives and the date on which the House first meets thereafter, the Governor-General considers that in consequence of changes in the membership of the House resulting from that election the Prime Minister will not be able to command the support of the majority of the members of the House.

    

1. if the holder of the office ceases to be a member of either House of Parliament otherwise than by reason of the dissolution of Parliament ;
   
2. in the case of the Prime Minister, if, when the House of Representatives first meets after the dissolution of Parliament, he is not then a member thereof ;
   
3. in the case of any other Minister, if, when the House of Representatives first meets after the dissolution of Parliament, he is not then a member of either House of Parliament ; or
   
4. if, by virtue of section 27(3) or 33(3) of this Constitution, he is required to cease to perform his functions as a member of a House of Parliament.

    

1. if the Governor-General, acting in accordance with the advice of the Prime Minister, so directs ;
   
2. if the Prime Minister resigns from office within three days after the passage by the majority of all the members of the House of Representatives of a resolution of no confidence in the Government of Grenada or is removed from office under subsection (6) of this section ; or
   
3. on the appointment of any person to the office of Prime Minister.

    

59.-(1) There shall be a Cabinet of Ministers for Grenada which shall consist of the Prime Minister and the other Ministers.

(2) At any time when the office of Attorney-General is a public office, the Attorney-General shall be an ex-officio member of the Cabinet in addition to the Ministers.

(3) The functions of the Cabinet shall be to advise the Governor-General in the government of Grenada and the Cabinet shall be collectively responsible to Parliament for any advice given to the Governor-General by or under the general authority of the Cabinet for all things done by or under the authority of any Minister in the execution of his office.

(4) The provisions of subsection (3) of this section shall not apply in relation to-

1. the appointment and removal from office of Ministers or Parliamentary Secretaries, the assignment of responsibility to any Minister under section 60 of this Constitution, or the authorisation of another Minister to perform the functions of the Prime Minister during absence or illness ;
   
2. the dissolution of Parliament ; or
   
3. the matters referred to in section 72 of this Constitution (which relate to the prerogative of mercy).

    

61.-(1) Whenever the Prime Minister is absent from Grenada or is by reason of illness unable to perform the functions conferred upon him by this Constitution, the Governor-General may authorise some other Prime Minister to perform those functions (other than the functions conferred by this section) and that Minister may perform those functions until his authority is revoked by the Governor-General.

(2) The powers of the Governor-General under this section shall be exercised by him in accordance with the advice of the Prime Minister :

Provided that if the Governor-General, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of the Prime Minister owing to his absence or illness he may exercise those powers in his own deliberate judgment.

62.-(1) In the exercise of his functions the Governor-General 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 he is required by this Constitution or any other law to act in accordance with the advice of any person or authority other than the Cabinet or in his own deliberate judgment.

(2) During any period in which there is a vacancy in the office of Leader of the Opposition by reason of the fact that no person is both qualified for appointment to that office in accordance with this Constitution and willing to accept appointment, the Governor-General may act without the advice of the Leader of the Opposition and in his own deliberate judgment in the exercise of any power in respect of which it is provided in this Constitution he shall act on the advice of the Leader of the Opposition.

(3) Nothing in subsection (1) of this section shall apply to the functions conferred upon the Governor-General by the following provisions of this Constitution-

1. paragraph (b) of the proviso to section 52(4) (which requires the Governor-General to dissolve Parliament in certain circumstances) ;
   
2. section 63 (which entitles the Governor-General to information) ;
   
3. sections 55(5), 66(4), 83(6), 86(7), 87(7) and 90(5) (which require the Governor-General to remove the holders of certain offices from office in certain circumstances).