The Bahamas Independence Order 1973

S.I. 1973/1080 · Made 20 June 1973

Contents

1. 1Citation, commencement and construction
2. 2Revocation
3. 3Establishment of Constitution
4. 4Existing laws
5. 5Parliament
6. 6Ministers and Parliamentary Secretaries
7. 7Leader of the Opposition
8. 8Existing officers
9. 9Supreme Court and Court of Appeal Judges
10. 10Pending appeals
11. 11Exercise of jurisdiction by Court of Appeal for Turks and Caicos Islands
12. 12Remuneration of certain persons
13. 13Transitional provisions relating to existing Commissions
14. 14Emergency Powers Order in Council 1939
15. 15Transfer of Crown Lands Fund for Development to Consolidated Fund
16. 16Transitional provisions relating to compensation etc
17. 17Alteration of this Order
18. Signature
19. Schedule TO THE ORDERTHE CONSTITUTION OF THE COMMONWEALTH OF THE BAHAMAS
20. Part CHAPTER I: THE CONSTITUTION
21. 1The State
22. 2The Constitution is supreme law
23. Part CHAPTER II: CITIZENSHIP
24. 3Persons who become citizens on 10th July 1973
25. 4Persons who become citizens on 9th July 1974
26. 5Persons entitled to be registered as citizens
27. 6Persons born in The Bahamas after 9th July 1973
28. 7Persons born in The Bahamas after 9th July 1973 of non-citizen parents
29. 8Persons born outside The Bahamas after 9th July 1973
30. 9Further provisions for persons born outside The Bahamas after 9th July 1973
31. 10Marriage to citizens of The Bahamas
32. 11Deprivation of citizenship
33. 12Renunciation of citizenship
34. 13Power of Parliament
35. 14Interpretation
36. Part CHAPTER III: PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
37. 15Fundamental rights and freedoms of the individual
38. 16Protection of right to life
39. 17Protection from inhuman treatment
40. 18Protection from slavery and forced labour
41. 19Protection from arbitrary arrest or detention
42. 20Provisions to secure protection of law
43. 21Protection for privacy of home and other property
44. 22Protection of freedom of conscience
45. 23Protection of freedom of expression
46. 24Protection of freedom of assembly and association
47. 25Protection of freedom of movement
48. 26Protection from discrimination on the grounds of race, etc
49. 27Protection from deprivation of property
50. 28Enforcement of fundamental rights
51. 29Provisions for time of war or emergency
52. 30Saving of existing law
53. 31Interpretation
54. Part CHAPTER IV: THE GOVERNOR-GENERAL
55. 32Establishment of office of Governor-General
56. 33Acting Governor-General
57. 34Deputy to Governor-General
58. 35Personal staff of Governor-General
59. 36Public Seal
60. 37Oaths to be taken by Governor-General
61. Part CHAPTER V: PARLIAMENT
62. Chapter PART 1: Composition of Parliament
63. 38Establishment of Parliament
64. Chapter PART 2: The Senate
65. 39Composition of Senate
66. 40Purpose of appointment of certain Senators
67. 41Qualifications for appointment as Senator
68. 42Disqualifications for appointment as Senator
69. 43Tenure of office of Senators
70. 44President and Vice-President
71. 45Determination of questions as to membership
72. Chapter PART 3: House of Assembly
73. 46Composition of House of Assembly
74. 47Qualifications for membership of House of Assembly
75. 48Disqualifications for election as members of House of Assembly
76. 49Tenure of office of members of House of Assembly
77. 50Speaker and Deputy Speaker
78. 51Determination of questions as to membership
79. Chapter PART 4: Powers and Procedure of Parliament
80. 52Power to make laws
81. 53Privileges of Parliament
82. 54Alteration of this Constitution
83. 55Regulation of procedure in Parliament
84. 56Presiding in the Senate and House of Assembly
85. 57Quorum
86. 58Voting
87. 59Introduction of Bills, etc
88. 60Restriction on powers of Senate as to Money Bills
89. 61Restriction on powers of Senate as to Bills other than Money Bills
90. 62Provisions relating to Articles 59, 60 and 61
91. 63Assent to Bills
92. 64Oath of allegiance
93. Chapter PART 5: Summoning, Prorogation and Dissolution
94. 65Sessions of Parliament
95. 66Prorogation and dissolution of Parliament
96. 67General elections, bye-elections and appointment of Senators
97. Chapter PART 6: Delimitation of Constituencies
98. 68Constituencies
99. 69Constituencies Commission
100. 70Procedure for review of constituencies
101. Part CHAPTER VI: THE EXECUTIVE
102. 71Executive Authority
103. 72The Cabinet
104. 73Appointment of Ministers
105. 74Tenure of office of Ministers
106. 75Performance of functions of Prime Minister during absence, illness or suspension
107. 76Temporary Ministers
108. 77Allocation of portfolios to Ministers
109. 78Functions of Attorney-General
110. 79Exercise of Governor-General's powers
111. 80Governor-General to be informed concerning matters of Government
112. 81Parliamentary Secretaries
113. 82Leader of the Opposition
114. 83Certain vacancies in office of Leader of the Opposition
115. 84Oaths to be taken by Ministers, etc
116. 85Leave of absence for Ministers, etc
117. 86Summoning of and presiding in Cabinet
118. 87Quorum
119. 88Permanent Secretaries
120. 89Constitution of offices, etc
121. 90Powers of pardon, etc
122. 91Advisory Committee on Prerogative of Mercy
123. 92Functions of Advisory Committee
124. Part CHAPTER VII: THE JUDICATURE
125. Chapter PART I: The Supreme Court
126. 93Establishment of Supreme Court
127. 94Appointment of Justices of Supreme Court
128. 95Acting Justices
129. 96Tenure of office of Justices of Supreme Court
130. 97Oaths to be taken by Justices of Supreme Court
131. Chapter PART 2: Court of Appeal
132. 98Establishment of Court of Appeal
133. 99Justices of the Court of Appeal
134. 100Other arrangements for appeals
135. 101Acting Justices of Court of Appeal
136. 102Tenure of office of Justices of Appeal
137. 103Oaths to be taken by Justices of Appeal
138. Chapter PART 3: Appeals to Court of Appeal and Her Majesty in Council
139. 104Appeals relating to fundamental rights and freedoms
140. 105Appeals to Her Majesty in Council in other cases
141. 106Interpretation of “Court of Appeal”
142. Part CHAPTER VIII: THE PUBLIC SERVICE
143. Chapter PART I: The Public Service Commission
144. 107Establishment and composition of Public Service Commission
145. Chapter PART 2: Appointments etc. of Public Officers
146. 108Appointments, etc. of public officers
147. 109Appointments of Permanent Secretaries and certain other public officers
148. 110Delegation of Governor-General's powers
149. 111Appointments, etc. of principal representatives of The Bahamas abroad
150. 112Appointments on transfer in respect of certain offices
151. 113Appointment of Secretary to the Cabinet
152. Chapter PART 3: The Public Service Board of Appeal
153. 114Public Service Board of Appeal
154. 115Appeals in discipline cases
155. Chapter PART 4: The Judicial and Legal Service Commission
156. 116Establishment and composition of the Judicial and Legal Service Commission
157. 117Appointments, etc. of judicial and legal officers
158. Chapter PART 5: The Police Service Commission
159. 118Establishment and composition of the Police Service Commission
160. 119Appointment of Commissioner of Police and other officers of the Police Force
161. 120Removal of the Commissioner and Deputy Commissioner of Police
162. 121Removal and discipline of members of the Force
163. Chapter PART 6: Pensions
164. 122Protection of pension rights
165. 123Grant and withholding of pensions, etc
166. 124Appeals in respect of certain decisions affecting pensions benefits
167. Chapter PART 7: Miscellaneous
168. 125Procedure of Commissions
169. 126Removal from office of certain persons
170. 127Public Service
171. Part CHAPTER IX: FINANCE
172. 128Consolidated Fund
173. 129Estimates
174. 130Authority for Public Expenditure
175. 131Withdrawal of money from the Consolidated Fund
176. 132Withdrawal of money in advance of Appropriation Act
177. 133Contingencies Fund
178. 134Public Debt
179. 135Remuneration of Governor-General and certain other officers
180. 136Establishment of office and functions of Auditor-General
181. Part CHAPTER X: INTERPRETATION
182. 137Interpretation
183. Explanatory note