Constitution

Nauru 1968 Constitution (reviewed 2015)

Table of Contents

PART IV. THE LEGISLATURE

26. Establishment of legislature.

There shall be a Parliament of Nauru.

27. Legislative powers of legislature.

Subject to this Constitution, Parliament may make laws for the peace, order and good government of Nauru; laws so made may have effect outside as well as within Nauru.

28. The Parliament.

  1. Parliament shall consist of eighteen members or such greater number as is prescribed by law.
  2. For the purpose of the election of members of Parliament, Nauru shall be divided into constituencies.
  3. Unless otherwise prescribed by law, the constituencies and the number of members of Parliament to be returned by each of the constituencies are those described in the Second Schedule.
  4. A person shall not be at the same time a member of Parliament for more than one constituency.

29. Electors for Parliament.

Members of Parliament shall be elected in such manner as is prescribed by law, by Nauruan citizens who have attained the age of twenty years.

30. Qualification for membership of Parliament.

A person is qualified to be elected a member of Parliament if, and is not so qualified unless, he-

  1. is a Nauruan citizen and has attained the age of twenty years; and
  2. is not disqualified under this Constitution.

31. Disqualifications from membership of Parliament.

No person is qualified to be elected a member of Parliament if he-

  1. is an undischarged bankrupt or insolvent who has been declared bankrupt or insolvent according to law;
  2. is a person certified to be insane or otherwise adjudged according to law to be mentally disordered;
  3. has been convicted and is under sentence or is subject to be sentenced for an offence punishable according to law by death or by imprisonment for one year or longer;
  4. does not possess such qualifications relating to residence or domicile in Nauru as are prescribed by law; or
  5. holds an office of profit in the service of Nauru or of a statutory corporation, being an office prescribed by law for the purposes of this paragraph.

32. Vacation of seats by members of Parliament.

  1. A member of Parliament vacates his seat-
    1. upon the dissolution of Parliament next after his election;
    2. upon becoming disqualified under Article 31 to be elected a member of Parliament;
    3. upon resigning his seat by writing under his hand delivered, in the case of a member other than the Speaker, to the Speaker and, in the case of the Speaker, to the Clerk of Parliament;
    4. if he is absent without leave of Parliament on every day on which a meeting of Parliament is held during a period of two months; or
    5. upon ceasing to be a Nauruan citizen.
  2. In the event of the occurrence of a vacancy in the office of a member of Parliament, an election shall be held in the manner prescribed by law of a member to fill the vacant office.

33. Clerk of Parliament.

  1. There shall be a Clerk of Parliament, who shall be appointed by the Speaker.
  2. A member of Parliament is not qualified to be appointed Clerk of Parliament.
  3. The Clerk of Parliament may at any time resign his office by writing under his hand delivered to the Speaker and may be removed from office by the Speaker at any time.
  4. Before or during the absence of the Clerk of Parliament, the Speaker may appoint a person who is not a member of Parliament to perform the functions of the Clerk during his absence.

34. Speaker of Parliament.

  1. Parliament shall, before it proceeds to the despatch of any other business, elect one of its members to be Speaker and, whenever the office of Speaker is vacant, shall no transact any business other than the election of one of its members to fill that office.
  2. A member of the Cabinet is not qualified to be elected Speaker.
  3. The Speaker ceases to hold office-
    1. when Parliament first meets after a dissolution;
    2. upon ceasing to be a member of Parliament otherwise than by reason only of its dissolution;
    3. upon becoming a member of the Cabinet;
    4. upon being removed from office by a resolution of Parliament; or
    5. upon resigning his office by writing under his hand delivered to the Clerk of Parliament.

35. Deputy Speaker of Parliament.

  1. Parliament shall, after the election of the Speaker and before it proceeds to the despatch of any other business, elect one of its members to be Deputy Speaker and, whenever the office of Deputy Speaker is vacant, shall, as soon as possible, elect one of its members to fill that office.
  2. A member of the Cabinet is not qualified to be elected Deputy Speaker.
  3. The Deputy Speaker ceases to hold office-
    1. when Parliament first meets after a dissolution;
    2. upon ceasing to be a member of Parliament otherwise than by reason only of its dissolution;
    3. upon becoming a member of the Cabinet;
    4. upon being removed from office by a resolution of Parliament; or
    5. upon resigning his office by writing under his hand delivered to the Clerk of Parliament.
  4. The powers and functions conferred by this Constitution upon the Speaker shall, if there is no person holding the office of Speaker or if the Speaker is absent from a sitting of Parliament or is otherwise unable to exercise those powers and perform those functions, be exercised and performed by the Deputy Speaker and, if he is also absent or unable to exercise those powers and perform those functions, Parliament may elect one of its members to exercise those powers and perform those functions.

36. Determinations and Questions of Membership of Parliament.

Any question that arises concerning the right of a person to be or to remain a member of Parliament shall be referred to and determined by the Supreme Court.

37. Powers, Privileges and Immunities of Parliament.

The powers, privileges and immunities of Parliament and of its members and committees are such as are declared by Parliament.

38. Procedure in parliament.

  1. Parliament may make, amend or repeal rules and orders with respect to-
    1. the mode in which its powers, privileges and immunities may be exercised and upheld; and
    2. the conduct of its business and proceedings.
  2. Parliament may act notwithstanding a vacancy in its membership and the presence or participation of a person not entitled to be present at, or to participate in, the proceedings of Parliament does not invalidate those proceedings.

39. General Elections for Parliament.

A general election of members of Parliament shall be held at such time within two months after a dissolution of Parliament as the Speaker in accordance with the advice of the President appoints.

40. Sessions of Parliament.

  1. Each session of Parliament shall be held at such place and shall begin at such time, not being later than twelve months after the end of the preceding session if Parliament has been prorogued, or twenty-one days after the last day on which a candidate at a general election is declared elected if Parliament has been dissolved, as the Speaker in accordance with the advice of the President appoints.
  2. Subject to the provisions of clause (1.) of this Article, the sittings of Parliament shall be held at such times and places as it, by its rules of procedure or otherwise, determines.

41. Prorogation and dissolution of Parliament.

  1. The Speaker, in accordance with the advice of the President, may at any time prorogue Parliament.
  2. The Speaker shall, if he is advised by the President to dissolve Parliament, refer the advice of the President to Parliament as soon as practicable and in any case before the expiration of fourteen days after his receipt of the advice. [Substituted 17.5.68.]
  3. For the purposes of clause (2.) of this Article, and notwithstanding Article 40, the Speaker shall, if necessary, appoint a time for the beginning of a session, or for a sitting, of Parliament.
  4. Where the Speaker has, under clause (2.) of this Article, referred the advice of the President to Parliament, and no resolution for the removal from office of the President and Ministers under Article 24 is approved after the date on which the advice was so referred, he shall dissolve Parliament on the seventh day after that date.
  5. The President may withdraw his advice at any time before the Speaker has dissolved Parliament and where the President so withdraws his advice, the Speaker shall not dissolve Parliament.
  6. Notwithstanding the preceding provisions of this Article, where a resolution for the removal from office of the President and Ministers is approved under Article 24, the Speaker shall not-
    1. prorogue Parliament; or
    2. dissolve Parliament,

    during the period of seven days after the day on which the resolution is approved.

  7. Parliament shall, unless sooner dissolved, continue for a period of three years from and including the date of the first sitting of Parliament after any dissolution and shall then stand dissolved.

42. Sessions of Parliament at request of one-third of members.

  1. Where-
    1. Parliament is not in session; and
    2. there is delivered to the Speaker a request that complies with clause (2.) of this Article for the holding of a session,

    the Speaker shall appoint a time for the holding of a session of Parliament, being a time before the expiration of fourteen days after the request is delivered

  2. A request referred to in clause (1.) of this Article-
    1. shall be in writing;
    2. shall be signed by a member of Parliament for each of at least three constituencies and by a number of members of Parliament which is at least one-third of the total number of members of Parliament; and
    3. shall set out particulars of the business proposed to be dealt with at the session of Parliament.

43. Oath of members of Parliament.

  1. A member of Parliament shall, before taking his seat, take and subscribe before Parliament the oath set out in the Third Schedule, but a member may before taking and subscribing that oath take part in electing the Speaker.
  2. The Speaker shall, if he has not taken and subscribed the oath set out in the Third Schedule, take and subscribe that oath before entering upon the duties of his office.

44. Speaker to preside.

The Speaker shall preside at a sitting of Parliament.

45. Quorum.

No business shall be transacted at a sitting of Parliament if the number of its members present, other than the person presiding at the sitting, is less than one-half of the total number of members of Parliament.

46. Voting.

  1. Except as otherwise provided by this Constitution, a question before Parliament shall be decided by a majority of the votes of its members present and voting.
  2. The Speaker or other member presiding in Parliament shall not vote unless on a question the votes are equally divided in which case he has and shall exercise a casting vote.

47. Enactment of laws.

A proposed law becomes law on the date when the Speaker certifies that it has been passed by Parliament.