THE CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO
CHAPTER 4
PARLIAMENT
PART 1
COMPOSITION OF PARLIAMENT
ESTABLISHMEN 1
ESTABLISHMENT OF PARLIAMENT
39.- There shall be a Parliament of Trinidad and Tobago which shall consist of the President, the Senate and the House of Representatives.
THE SENATE
COMPOSITION OF SENATE
40.- 1. The Senate shall consist of thirty-one members (in this Constitution referred to as "Senators") who shall be appointed by the President in accordance with this section.
2. Of the thirty-one Senators-
a. sixteen shall be appointed by the President acting in accordance with the advice of the Prime Minister;
b. six shall be appointed by the President acting in accordance with the advice of the Leader of the Opposition; and
c. nine shall be appointed by the President in his discretion from outstanding persons from economic or social or community organizations and other major fields of endeavour.
QUALIFICATIONS FOR APPOINTMENT AS SENATOR
41.- Subject to section 42, a person shall be qualified to be appointed as a Senator if, and shall not be qualified to be so appointed unless, he is a citizen of Trinidad and Tobago of the age of twenty-five years or upwards.
DISQUALIFICATIONS FOR APPOINTMENT AS SENATOR
42.- 1. No person shall be qualified to be appointed as a Senator who-
a. is a citizen of a country other than Trinidad and Tobago having become such a citizen voluntarily or is under a declaration of allegiance to such a country;
b. is a member of the House of Representatives,
c. is an undischarged bankrupt having been adjudged or otherwise declared bankrupt under any law in force in Trinidad and Tobago;
d. is mentally ill, within the meaning of the Mental Health Act, 1975;
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e. is under sentence of death imposed on him by a court or is serving a sentence of imprisonment, by whatever name called, exceeding twelve months imposed on him by a court o substituted by competent authority for some other sentence imposed on him by a court, or is under such a sentence of imprisonment the execution of which has been suspended;
f. is disqualified for membership of the House of Representatives by virtue of any law in force in Trinidad and Tobago by reason of his having been convicted of any offence relating to elections; or
g. is not qualified to be registered as an elector at a Parliamentary election under any law in force in Trinidad and Tobago.
2. Parliament may provide that, subject to such exceptions and limitations, if any, as may be prescribed, a person shall be disqualified for membership of the Senate by virtue of-
a. his holding or acting in any office or appointment, either individually or by reference to a class of office or appointment;
b. his belongig to any of the armed forces of the State or to any class of person that is comprised in any such force; or
c. his belonging to any police force or to any class of person that is comprised in any such force.
3. For the purposes of subsection (1)(e)-
a. 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
b. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.
TENURE OF OFFICE OF SENATORS
43.- 1. Every 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 where-
a. he is absent from the sittings of the Senat for such period and in such circumstances as may be prescribed inthe rules of procedure of the Senate;
b. with his consent, he is nominated as a candidate for election to the House of Representatives, or he is elected to be a member of the House of Representatives;
c. he ceases to be a citizen of Trinidad and Tobago;
d. subject to the provisions of subsection (3) any circumstances arise that, if he were not a Senator, would cause him to be disqualified for appointment as such by virtue of subsection (1) of section 42 or any law enacted in pursuance of subsection (2) of that section; or
e. the President, acting in accordance with the advice of the Prime Minister in the case of a Senator appointed in accordance with that advice, or in accordance with the advice of the Leader of the Opposition in the case of a Senator appointed in accordance with that advice, or in his discretion in the case of a Senator appointed by him in his discretion, declares the seat of that Senator to be vacant.
3. Where circumstances such as are referred to in subsection (2)(d) arise because a Senator is under sentence of death or imprisonment, is mentally ill, declared bankrupt or convicted of an offence relating to elections, and where it is open to the Senator to appeal against the decision, either with the leave of acourt or other authority or without such leave, he shall forthwith cease to perform his functions as a Senator, so however that, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter.
4. The President of the Senate may, from time to time, extend that period for further periods of thirty days to enable the Senator 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 Senate.
5. Where on the determination of an appeal, such circumstances continue to exist and no further appeal is open to the Senator, or where, by reason of the expiration of any period for entering an appeal or notice therof 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.
6. Where at any time before the Senator vacates his seat, such circumstances as are mentioned in this section cease to exist, his seat shall not become vacant on the expiration of the period referred to insubsection (3) and he may resume the performance of his functions as a Senator.
APPOINTEMENT OF TEMPORARY SENATORS
44.- 1. Where a Senator has temporarily vacated his office under subsection (2) or is incapable of performing his functions a Senator by virtue of the priisions of section 43(3) or by reason of- a. his absence from Trinidad and Tobago, or
b. illness,
the President may appoint a person qualified for appointment as a Senator to be temporarily a member of the Senate during such vacation of office, suspension, absence or illness.
2. Where the President of the Senate or the Vice-President of the Senate is acting as, or temporarily performing the functions of, President in accordance with section 27 then, without prejudice to the power of the Prime Minister, the Leader of the Opposition, or the President, as the case may be, with respect to appointments under section 40(2), the person holding the office of President of the senate or Vice-President of the Senate shall vacate that office temporarily during such period as he is acting as, or temporarily performing the functions of, President.
3. Section 43(1) and (2) shall apply in relationto a person appointed under this section as they apply in relation to a Senator, except that paragraph (d) of the said subsection (2) shall apply as if it were not expressed to be subject to subsection (3) of the said section 43, and an appointemen made under this section shall in any case cease to have effect if the person appointed is notified by the President that the circumstances giving rise to his appointment have ceased to exist.
4. in the exercise of the powers conferred upon him by this section the President shall act-
a. in accordance with the advice of the Prime Minister in relation to a Senator appointed in pursuance of section 40(2)(a);
b. in accordance with the advice of the leader of the opposition in relation to a Senator appointed in pursuance of section 40(2)(b); and
c. in accordance with his own judgement in relation to a Senator appointed by him pursuant to section 40(2)(c).
PRESIDENT AND VICE-PRESIDENT OF THE SENATE
45.- 1. when the Senate first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a Senator, to be President of the Senate; and, if the office of President of the Senate falls vacant at any time before the next dissolution of Parliament, the Senate shall, as soon as practicable, elect another Senator to that office.
2. When the Senate first meets after any general election and before it proceeds to the despatch of any other business except the election of the President of the Senate, it shall electe a Senator to be Vice-President of the Senate; and if the office of Vice-President of the Senate falls vacant at any time before the next dissolution of Parliament, the Senate shall, as soon as convenient, elect another Senator to that office.
3. The Senate shall not elect a Senator who is a Minister or Parliamentary Secretary to be the President of the Senate or the Vice-President of the Senate.
4. A person shall vacate the office of President of the Senate or Vice-President of the Senate where-
a. he ceases to be a Senator; so however that the President of the Senate 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;
b. he is appointed to be a Minister or a Parliamentary Secretary;
c. he announces the resignation of his office to the Senate or where, by writing under his hand addressed, in the case of the President of the Senate, to the Clerk of the Senate, and in the case of the Vice-President of the Senate to the president of the Senate (or, where the office of President of the Senate is vacant or the President of the Senate is absent from Trinidad and Tobago, to the Clerk of the Senate), he resigns that office.
5. Where, by virtue of section 43(3) the President of the Senate or Vice-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 of the Senate or Vice-President of the Senate 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-
a. in the case of the President of the Senate by the Vice-President of the Senate or if the office of Vice-President of the Senate is vacant or the Vice-President of the Senate is required to cease to perform his functions as a Senator by virtue of section 43(3) by such Senator not being a Minister or Parliamentary Secretary, as the Senate may elect for the purpose;
b. in the case of the Vice-President of the Senate by such Senator not being a Minister or Parliamentary Secretary, as the Senate may elect for the purpose.
6. Where the President of the Senate or Vice-President of the Senate resumes the performance of his functions as a Senator, in accordance with the provisions of section 43(6) he shall also resume the performance of his functions as President of the Senate or Vice-President of the Senate, as the case may be.
THE HOUSE OF REPRESENTATIVES
COMPOSITION OF HOUSE OF REPRESENTATIVES
46.- 1. Subject to the provisions of this section, the House of Representatives shall consist of members who shall be elected in the manner provided by Parliament.
2. There shall be thirty-six members of the House of Representatives or such other number of members as corresponds with the number of constituencies as provided for by an Order made by the President under section 72.
3. Where any 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 in addition to the thirty-six or other number of members aforesaid.
QUALIFICATIONS FOR ELECTION AS MEMBER
47.- Subject to the provisions of section 48, a person shall be qualified to be elected as a member of the House of Representatives if, and shall not be qualified to be so elected unless, he-
a. is a citizen of Trinidad and Tobago of the age of eighteen years or upwards, and
b. has resided in Trinidad and Tobago for a period of two years immediately before the date of his nomination for election or is domiciled and resident in Trinidad and Tobago at that date.
DISQUALIFICATIONS FOR ELECTION AS MEMBER
48.- 1. No person shall be qualified to be elected as a member of the House of Representatives who-
a. is a citizen of a country other than Trinidad and Tobago having become such a citizen voluntarily, or is under a declaration of allegiance to such a country;
b. is an undischarged bankrupt having been adjudged or otherwise declared bankrupt under any law in force in Trinidad and Tobago;
c. is mentally ill, within the meaning of the Mental Health Act, 1975;
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d. is under sentence of death imposed on him by a court or is serving a sentence of imprisonment (by whatever name caller) exceeding twelve months imposed on him by a court or substituted by competent authority for same other sentence imposed on him by a court, or is under such a sentence of imprisonment the execution of which has been suspended;
e. is disqualified for membership of the House of Representatives by any law in force in Trinidad and Tobago by reason of his holding, or acting in, any office the functions of which involve:-
i. any responsibility for, or in connection with, the conduct of any election, or
ii. any responsibility for the compilation or revision of any electoral register;
f. is disqualified for membership of the House of Representatives by virtue of any law in force in Trinidad and Tobago by reason of his having been convicted of any offence relating to elections; or
g. is not qualified to be registered as an elector at a Parliamentary election under any law in force in Trinidad and Tobago.
2. Parliament may provide that, subject to such exceptions and limitations, if any, as may be prescribed, a person may be disqualified for membership of the House of Representatives by virtue or-
a. his holding or acting in any office or appointment (either individually or by reference to a class of office or appointment);
b. his belonging to any of the armed forces of the State or to any class of person that is comprised in any such force; or
c. his belonging to any police force or to any class of person that is comprised in any such force.
3. For the purposes of paragraph (d) of subsection (1)-
a. 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
b. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.
TENURE OF OFFICE OF MEMBERS
49.- 1. Every member of the House of Representatives shall vacate his seat in the House at the next dissolution of Parliament election.
2. A member of the House of Representatives shall also vacate his seat in the House where-
a. he resings it by writing under his hand addressed to the Speaker, or where the office of Speaker is vacant or the Speaker is absent from Trinidad and Tobago, to the Deputy Speaker;
b. 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;
c. he ceases to be a citizen of Trinidad and Tobago;
d. subject to the provisions of subsection (3), any circumstances arise that, if he were not a member of the House of Representatives, would cause him to be disqualified for election thereto by virtue of subsection (1) of section 48 or any law enacted in pursuance of subsection (2) of that section.
3. Where circumstances such as are referred to in paragraph (d) of subsection (2) arise because any member of the House of Representatives is under sentence of death or imprisonment, is mentally ill, declared bankrupt or convicted of an offence relating to elections, and where 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 so however, that subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter.
4. The Speaker may, 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.
5. Where on the determination of any appeal, such circumstances continue to exist and no futher appeal is open to the member, or where, by reason of the expiration of any period fo 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.
6. Where at any time before the member of the House vacates his seat such circumstances as are mentioned inthis section cease to exist his seat shall not become vacant on the expiration of the period referred to insubsection (3) and he may resume the performance of his functions as a member of the House.
SPEAKER AND DEPUTY SPEAKER
50.- 1. When the House of Representatives first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person to be the Speaker of the House; and if the office of Speaker falls vacant at any time before the next dissolution of Parliament, the House shall, as soon as practicable, elect another person to that office.
2. The Speaker may be elected either from among the members of the House of Representatives who are not Ministers or Parliamentary Secretaries or subject to subsection (3), from among persons who are not members of either House.
3. A person who is not a member of either House shall not be elected Speaker where-
a. he is not a citizen of Trinidad and Tobago; or
b. he is a person disqualified for election as a member of th House of Representatives by virtue of subsection (1) of section 48 or any law enacted in pursuance of subsection (2) of that section.
4. When the House of Representatives first meets after any general election and before it proceeds to the despatch of any other business except the election of the Speaker, the House shall elect a member of the House, who is not a Minister or a Parliamentary Secretary, to be Deputy Speaker of the House; and if th office of Deputy Speaker falls vacant at any time before the next dissolutionof Parliament, the House shall, as soon as practicable, elect another such member to that office.
5. A person shall vacate the office of Speaker or Deputy Speaker-
a. in the case of a Speaker elected from among the members of the House of Representatives or in the case of the Deputy Speaker-
i. where he ceases to be amember of the House, so however that the Speaker shall not vacate his office by reason only that he has ceased to be a member of the House ib a dissolution of Parliament, until the House first meets after that dissolution;
ii. where he is appointed to be a Minister or a Parliamentary Secretary;
b. in the case of a Speaker elected from among persons who are not members of either House-
i. when the House first meets after any dissolution of Parliament;
ii. where the ceases to be a citizen of Trinidad and Tobago; or
iii. where any circumstances arise that would cause him to be disqualified for election as a member of the House by virtue of subsection (1) of section 48 or any law enacted in pursuance of subsection (2) of that section;
c. where he announces the resignation of his office to the House of Representatives or if by writing under his han addressed, in the case of the Speaker to the Clerk of the House and in the case of the Deputy Speaker to the Speaker, or, if the office of Speaker is vacant or the Speaker is absent from Trinidad and Tobago, to the Clerk of the House, he resigns that office; or
d. in the case of the Deputy Speaker, where he is elected to be Speaker.
6. Where, by virtue of section 49(3) the Speaker or Deputy Speaker is requird to cease to perform his functions as a member of the House of Representatives or where, in the case of the Speaker, by reason of circumstances referred to in subsection (8), ha has temporarily vacated his office, 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-
a. in the case of the Speaker, by the Deputy Speaker or, if the office of Deputy Speaker is vacnat or the Deputy Speaker is required to cease to perform his functions as a member of the House of Representatives by virtue of section 49(3) by such member of the House, not being a Minister or Parliamentary Secretary, as the House may elect for the purpose;
b. in the case of the Deputy Speaker, by such memeber of the House not being a Minister of Parliamentary Secretary, as the House may elect for the purpose.
7. Where the Speaker or Deputy Speaker resumes the performance of his functions as a member of the House, in accordance with the provisions of section 49(3) he shall also resume the performance of his functions as Speaker or Deputy Speaker, as the case may be.
8. Where the Speaker is acting as or performing the functions of President under section 27, he shall vacate the office of Speaker temporarily during such period as he is acting as, or temporarily performing the functions of, President.
QUALIFICATIONS OF VOTERS
51.- Subject to such disqualifications as Parliament may prescribe, a person shall be qualified to vote at an election of member to serve in the House of Representatives if, and shall not be qualified to vote at such an election unless, he-
a. is a Commonwealth citizen (within the meaning of section 18) of the age of eighteen years or upwards; and
b. has such other qualifications regarding residence or registration as may be prescribed.
GENERAL
DETERMINATION OF QUESTIONS AS TO MEMBERSHIP
52.- 1. any question whether:-
a. any person has been validly appointed as a Senator or validly elected as a member of the House of Representatives;
b. any Senator or member of the House of Representatives has vacated his seat or is rquired, under the provisions of section 43(3) or section 49(3) to cease to exercise any of his functions as a Senator or as a member of the House of Rerpesentatives; or
c. any person has been validly elected as Speaker of the House of Representatives from among persons who are not Senators or members of the House of Representatives,
shall be determine by the High Court.
2. Proceedings for the determination of any question referred to in subsection (1) shall not be instituted except with the leave of a Judge of the High Court.
3. An appeal shall lie to the Court of Appeal from-
a. the decision of a Judge of the High Court granting or refusing leave to institute proceedings for the determination of any question referred to in subsection (1);
b. the determination by the High Court of any such question.
4. No appeal shall lie from any decision of the Court of Appeal given in an appeal brought in accordance with subsection (3).
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