Lesson 4/54 min

Parts IV to VI: executive, legislature, judiciary

Part IV: the executive (48–64)

ArticleSubject
48The President; 48(4): a person under 35, unqualified to be an MP, or removed by impeachment cannot be President
49Prerogative of mercy
50, 51President's term (5 years) · President's immunity
52, 53Impeachment of the President · removal for incapacity
54Speaker acts in the President's absence
55–58Cabinet · ministers · Prime Minister's tenure · other ministers' tenure
58A–58ECaretaker government (reports say the court ruling has brought it back)
59, 60Local government · powers of local government bodies
61–63Supreme command · recruitment to defence services · war
64Attorney-General

Part V: the legislature (65–93)

ArticleSubject
65Establishment of Parliament
66Qualifications and disqualifications of MPs (minimum age 25)
67Vacation of seats
70Seat vacated on leaving the party or voting against it (floor crossing)
72, 73, 74Sessions · President's address and messages · Speaker and Deputy Speaker
76, 77Standing committees · Ombudsman
80, 81Legislative procedure · money bills
93Power to make ordinances

Part VI: the judiciary (94–117)

ArticleSubject
94Establishment of the Supreme Court
95, 96Appointment of judges · judges' tenure (retirement at 67)
101, 102High Court Division's jurisdiction · power to issue writs
103Appellate Division's jurisdiction
105, 106Review of judgments · advisory jurisdiction
108Supreme Court as a court of record
114–116ASubordinate courts: set-up, appointment, control; judicial officers independent in their judicial work (116A)
117Administrative tribunals

Memory trick: Exact numbers: President 48, Attorney-General 64 (last of Part IV), floor crossing 70, ordinances 93 (last of Part V), Supreme Court 94 (first of Part VI), administrative tribunals 117 (last of Part VI). Anchor them on the first and last article of each part.

Did you know?: The power to remove judges (Article 96) went to Parliament under the 16th Amendment (2014); when the Appellate Division struck it down on 3 July 2017 it returned to the Supreme Judicial Council.

Check yourself

Which article gives the President the prerogative of mercy?

At a glance

  1. 1

    48 President (minimum age 35); 49 mercy; 50 five-year term; 52 impeachment; 64 Attorney-General.

  2. 2

    58A–58E caretaker government; 59 local government; 61 supreme command.

  3. 3

    66 MPs' qualifications (age 25); 70 floor crossing; 74 Speaker; 77 Ombudsman; 93 ordinances.

  4. 4

    94 Supreme Court; 95 appointment of judges; 96 tenure (retirement at 67); 102 writs; 117 administrative tribunals.

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