Trinidad and Tobago 2007

PDF generated: 23 Nov 2017, 15:39
constituteproject.org
Trinidad and Tobago's

Constitution of 1976 with
Amendments through 2007
This complete constitution has been generated from excerpts of texts from the repository of the
Comparative Constitutions Project, and distributed on constituteproject.org.
constituteproject.org PDF generated: 23 Nov 2017, 15:39
Table of contents
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PRELIMINARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
1. The State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2. The Supreme Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
CHAPTER 1: THE RECOGNITION AND PROTECTION OF FUNDAMENTAL

HUMAN RIGHTS AND FREEDOMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 1: Rights enshrined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4. Recognition and declaration of rights and freedoms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5. Protection of rights and freedoms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 2: Exceptions for Existing Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
6. Savings for existing law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 3: Exceptions for Emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
7. Emergency powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
8. Period of public emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
9. Grounds for, and initial duration of Proclamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
10. Extension of Proclamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
11. Detention of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12. Publication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 4: Exceptions for Certain Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
13. Acts inconsistent with sections 4 and 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 5: General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
14. Enforcement of the protective provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
CHAPTER 2: CITIZENSHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
15. Continuation of citizenship of citizens under section 9 of former Constitution . . . . . . . . . . . 17
16. Continuation of citizenship of citizens by registration, naturalization, etc . . . . . . . . . . . . . . 18
17. Acquisition of citizenship by birth or descent. Continuation of citizenship. Retrospective
citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
18. Commonwealth citizens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
19. Criminal liability of Commonwealth citizens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
20. Powers of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
21. Interpretation of Chapter 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
CHAPTER 3: THE PRESIDENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

22. Establishment of office and election of President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
23. Qualifications and disqualifications for office of President . . . . . . . . . . . . . . . . . . . . . . . . . 20
24. Other conditions of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
25. Transitional provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Trinidad and Tobago 1976 (rev. 2007) Page 2

26. Holding of elections for President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

27. Where office vacant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
28. Electoral College . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
29. Mode of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
30. Nomination of candidates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
31. Procedure for balloting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
32. Determination of questions as to election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
33. Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
34. Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
35. Removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
36. Procedure for removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
37. Oath First Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
38. Immunities of President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
CHAPTER 4: PARLIAMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
PART 1: Composition of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
39. Establishment of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
40. Composition of Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
41. Qualifications for appointment as Senator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
42. Disqualifications for appointment as Senator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
43. Tenure of office of Senators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
44. Appointment of temporary Senators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
45. President and Vice-President of the Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
46. Composition of House of Representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
47. Qualifications for election as member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
48. Disqualifications for election as member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
49. Tenure of office of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
49A. Vacation of seat where member resigns or is expelled . . . . . . . . . . . . . . . . . . . . . . . . . 32
50. Speaker and Deputy Speaker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
51. Qualifications of voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
52. Determination of questions as to membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 2: Powers, Privileges and Procedure of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
53. Power to make laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
54. Alteration of this Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
55. Privileges and immunities of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
56. Regulation of procedure in each House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
57. Oath of allegiance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
58. Presiding in Senate and House of Representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
59. Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

60. Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
61. Mode of exercising legislative power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
62. Attendance of Ministers in either House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
63. Introduction of Bills, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
64. Restrictions on powers of Senate as to Money Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
65. Restrictions on powers of Senate as to Bills other than Money Bills . . . . . . . . . . . . . . . . . . 40
66. Provisions relating to sections 63, 64 and 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
66A. Appointment of certain Select or Joint Select Committees . . . . . . . . . . . . . . . . . . . . . . . 42
66B. Reports of Service Commissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
66C. Applicability of the Judicial and Legal Service Commission . . . . . . . . . . . . . . . . . . . . . . . 44
66D. Report of Government Ministries, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
PART 3: Summoning, Prorogation and Dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
67. Sessions of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
68. Prorogation and dissolution of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
69. General elections and appointment of Senators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
PART 4: Elections and Boundaries Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
70. Constituencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
71. Elections and Boundaries Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
72. Procedure for review of constituency boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
PART 5: System of Balloting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
73. System of balloting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
CHAPTER 5: EXECUTIVE POWERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

74. Executive authority of Trinidad and Tobago . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
75. The Cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
76. Appointment of Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
77. Tenure of office of Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
78. Performance of functions of Prime Minister during absence, illness or suspension . . . . . . . . 49
79. Allocation of portfolios to Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
80. Exercise of Presidents functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
81. President to be informed concerning matters of government . . . . . . . . . . . . . . . . . . . . . . . 50
82. Parliamentary Secretaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
83. Leader of the Opposition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
84. Oaths to be taken by Ministers, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
85. Permanent Secretaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
86. Constitution of offices, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
87. Power of pardon, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
88. Advisory Committee on power of pardon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
89. Functions of Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

CHAPTER 6: THE DIRECTOR OF PUBLIC PROSECUTIONS AND THE

OMBUDSMAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
PART 1: Director of Public Prosecutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
90. Appointment, tenure and functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
PART 2: Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
91. Appointment and conditions of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
92. Appointment of staff of Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
93. Functions of Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
94. Restrictions on matters for investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
95. Discretion of Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
96. Report on investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
97. Power to obtain evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
98. Prescribed matters concerning Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
CHAPTER 7: THE JUDICATURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

PART 1: The Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
99. Establishment of Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
100. Constitution of High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
101. Constitution of Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
102. Appointment of Chief Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
103. Acting appointments as Chief Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
104. Appointment of Justices of Appeal and Puisne Judges . . . . . . . . . . . . . . . . . . . . . . . . . 58
105. Qualification of Judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
106. Tenure of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
107. Oaths to be taken by Judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
108. Appeals on Constitutional questions and fundamental rights, etc . . . . . . . . . . . . . . . . . . 59
PART 2: Appeals to the Judicial Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
109. Appeals from Court of Appeal to the Judicial Committee . . . . . . . . . . . . . . . . . . . . . . . . 60
PART 3: Judicial and Legal Service Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
110. Judicial and Legal Service Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
111. Appointment of Judicial officers, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
CHAPTER 8: FINANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
112. Establishment of Consolidated Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
113. Authorisation of expenditure from Consolidated Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
114. Authorisation of expenditure in advance of appropriation . . . . . . . . . . . . . . . . . . . . . . . . 62
115. Contingencies Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
116. Establishment of office and functions of Auditor General . . . . . . . . . . . . . . . . . . . . . . . . . 63
117. Auditor General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
118. Public debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

119. Public Accounts Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
CHAPTER 9: APPOINTMENTS TO, AND TENURE OF OFFICES . . . . . . . . . . . . . 65

PART 1: Service Commissions, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
120. Public Service Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
121. Appointments, etc., of Public Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
122. Police Service Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
122A. Removal of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
123. Powers of the Police Service Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
123A. Powers of the Commissioner Police . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
124. Teaching Service Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
125. Appointment of teachers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
126. Qualifications, Tenure of office, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
127. Delegation of functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
128. Consultation with other Service Commissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
129. Powers and procedure of Service Commissions and protection from legal proceedings . . 71
PART 2: Public Service Appeal Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
130. Constitution of Appeal Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
131. Tenure of office, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
132. Appeals in disciplinary cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
133. Protection of pension rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
134. Powers of Commissions in relation to grant of pensions, etc . . . . . . . . . . . . . . . . . . . . . 74
135. Appointments of principal representatives of Trinidad and Tobago . . . . . . . . . . . . . . . . 75
136. Tenure of special offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
137. Removal from office of Judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
CHAPTER 10: THE INTEGRITY COMMISSION . . . . . . . . . . . . . . . . . . . . . . . . . 77

138. The Integrity Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
139. Power to make laws relating to Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
CHAPTER 11: THE SALARIES REVIEW COMMISSION . . . . . . . . . . . . . . . . . . . 79

140. Constitution of Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
141. Functions of Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
CHAPTER 11A: THE TOBAGO HOUSE OF ASSEMBLY . . . . . . . . . . . . . . . . . . . 79

141A. Tobago House of Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
141B. Powers of the Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
141C. Executive Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
141D. Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
CHAPTER 12: MISCELLANEOUS AND GENERAL . . . . . . . . . . . . . . . . . . . . . . . 80

142. Resignations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
143. Re-appointment, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80

FIRST SCHEDULE: FORMS OF OATH (OR AFFIRMATION) OF ALLEGIANCE

AND OF OFFICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
SECOND SCHEDULE: BOUNDARIES OF CONSTITUENCIES (Section 72) . . . . . 81
THIRD SCHEDULE: MATTERS NOT SUBJECT TO INVESTIGATION [(Section
94(4)(b))] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

Source of constitutional authority

Human dignity
Preamble
God or other deities
Motives for writing constitution
Prohibition of slavery
Right to reasonable standard of living Whereas the People of Trinidad and Tobago

a. have affirmed that the Nation of Trinidad and Tobago is founded upon
principles that acknowledge the supremacy of God, faith in fundamental
human rights and freedoms, the position of the family in a society of free
men and free institutions, the dignity of the human person and the equal
and inalienable rights with which all members of the human family are
endowed by their Creator;

b. respect the principles of social justice and therefore believe that the
operation of the economic system should result in the material resources of
the community being so distributed as to subserve the common good, that
there should be adequate means of livelihood for all, that labour should not
be exploited or forced by economic necessity to operate in inhumane
conditions but that there should be opportunity for advancement on the
basis of recognition of merit, ability and integrity;

c. have asserted their belief in a democratic society in which all persons may,
to the extent of their capacity, play some part in the institutions of the
national life and thus develop and maintain due respect for lawfully
constituted authority;

d. recognise that men and institutions remain free only when freedom is
founded upon respect for moral and spiritual values and the rule of law;

e. desire that their Constitution should enshrine the above-mentioned
principles and beliefs and make provision for ensuring the protection in
Trinidad and Tobago of fundamental human rights and freedoms;
Now, therefore, the following provisions shall have effect as the Constitution of the
Republic of Trinidad and Tobago:
PRELIMINARY
1. The State
Type of government envisioned 1. The Republic of Trinidad and Tobago shall be a sovereign democratic State.
2. Trinidad and Tobago shall comprise the Island of Trinidad, the Island of Tobago
and any territories that immediately before the 31st day of August, 1962 were
dependencies of Trinidad and Tobago, including the seabed and subsoil situated
beneath the territorial sea and the continental shelf of Trinidad and Tobago
(territorial sea and continental shelf here having the same meaning as in the
Territorial Sea Act, 1969 and the Continental Shelf Act, 1969, respectively),
together with such other areas as may be declared by Act to form part of the
territory of Trinidad and Tobago.
2. The Supreme Law

This Constitution is the supreme law of Trinidad and Tobago, and any other law that
is inconsistent with this Constitution is void to the extent of the inconsistency.

3. Interpretation
1. In this Constitution

the Cabinet means the Cabinet constituted under this Constitution;

the Commonwealth means Trinidad and Tobago, any country to which
section 18 applies and any dependency of any such country;

Court means any court of law in Trinidad and Tobago other than a court
martial and shall be construed as including the Judicial Committee;

financial year means any period of twelve months beginning on the first
day of January in any year or such other date as may be prescribed;

general election means a general election of members to serve in the
House of Representatives;

House means either the House of Representatives or the Senate as the
context may require;

Judge includes the Chief Justice, a Judge of Appeal and a Puisne Judge;

Judicial Committee means the Judicial Committee of the Privy Council
established by the Judicial Committee Act, 1833 of the United Kingdom as
from time to time amended by any Act of Parliament of the United
Kingdom;

law includes any enactment, and any Act or statutory instrument of the
United Kingdom that before the commencement of this Constitution had
effect as part of the law of Trinidad and Tobago, having the force of law and
any unwritten rule of law;

oath includes affirmation;

oath of allegiance means the oath of allegiance set out in the First
Schedule or such other oath as may be prescribed;

Parliament means the Parliament of Trinidad and Tobago;

parliamentary election means an election of a member or members to
serve in the House of Representatives;

prescribed means prescribed by or under an Act of Parliament;

public office means an office of emolument in the public service;

public officer means the holder of any public office and includes any
person appointed to act in any such office;


public service means subject to the provisions of subsections (4) and (5),
the service of the Government of Trinidad and Tobago 1[or of the Tobago
House of Assembly established by section 3 of the Tobago House of
Assembly Act,] in a civil capacity;

Service Commission means the Judicial and Legal Service Commission,
the Public Service Commission, the Police Service Commission or the
Teaching Service Commission;

session means, in relation to a House, the sittings of that House
commencing when it first meets after this Constitution comes into force or
after the prorogation or dissolution of Parliament at any time, and
terminating when Parliament is prorogued or is dissolved without having
been prorogued;

sitting means, in relation to a House, a period during which that House is
sitting continuously without adjournment, and includes any period during
which the House is in committee;

Trinidad and Tobago has the meaning attributed to that expression in the
Trinidad and Tobago Independence Act, 1962;

the former Constitution means the Trinidad and Tobago Constitution set
out in the Second Schedule to the Trinidad and Tobago (Constitution)
Order-in-Council, 1962.
2. In this Constitution

a. a reference to an appointment to any office shall be construed as including
a reference to the appointment of a person to act in or perform the
functions of that office at any time when the office is vacant or the holder
thereof is unable (whether by reason of absence or infirmity of mind or
body or any other cause) to perform the functions of that office; and

b. a reference to the holder of an office by the term designating his office shall
be construed as including a reference to any person for the time being
lawfully acting in or performing the functions of that office.
3. Where by this Constitution any person is directed, or power is conferred on any
person or authority to appoint a person to perform the functions of an office if
the holder thereof is unable to perform those functions, the validity of any
performance of those functions by the person so directed or of any appointment
made in exercise of that power shall not be called in question in any court on the
ground that the holder of the office is not unable to perform the functions of the
office.
4. For the purposes of this Constitution a person shall not be considered to hold an
office in the public service by reason only that

a. he is in receipt of a pension or other like allowance in respect of public
service;

b. he holds the office of

i. President;


ii. Speaker, President of the Senate, Deputy Speaker or Vice-President of
the Senate, Minister, Parliamentary Secretary, member or temporary
member of the Senate or member of the House of Representatives;

iii. Ombudsman or member of the Integrity Commission or member of
any other Commission established by this Constitution;

iv. Judge or member of a Superior Court of Record or any special judicial
tribunal established by Act of Parliament or member of the Public
Service Appeal Board;

v. member of any board, commission, committee or similar body,
whether incorporated or not, established by any enactment;

vi. member of the personal staff of the President.

c. he is

i. a consultant or adviser appointed for specific purposes; or

ii. a person appointed on contract for a period not exceeding five years.
5. Where Parliament so provides, a person shall not be considered for the
purposes of this Constitution or any part of this Constitution to hold office in the
public service by reason only that he is the holder of a special office established
by or under an Act.
6. References in this Constitution to the power to remove a public officer from his
office shall be construed as including references to any power conferred by any
law to require or permit that officer to retire from the public service.
7. Any power conferred by any law to permit a person to retire from the public
service shall, in the case of any public officer who may be removed from office by
some person or authority other than a Commission established by this
Constitution, vest in the Public Service Commission.
8. Nothing in subsection (6) shall be construed as conferring on any person or
authority power to require a Judge or the Auditor General to retire from the
public service.
9. Where any power is conferred by this Constitution to make any proclamation,
order, rules or regulations or to give any directions, the power shall be
construed as including a power exercisable in like manner to amend or revoke
any such proclamation, order, rules regulations or directions.

CHAPTER 1: THE RECOGNITION AND

PROTECTION OF FUNDAMENTAL HUMAN
RIGHTS AND FREEDOMS
PART 1: Rights enshrined
General guarantee of equality

Equality regardless of gender
4. Recognition and declaration of rights and freedoms
Equality regardless of skin color
Equality regardless of origin
Equality regardless of race It is hereby recognised and declared that in Trinidad and Tobago there have existed
Equality regardless of religion
and shall continue to exist without discrimination by reason of race, origin, colour,
religion or sex, the following fundamental human rights and freedoms, namely:

Guarantee of due process a. the right of the individual to life, liberty, security of the person and
Right to life
Right to own property enjoyment of property and the right not to be deprived thereof except by
due process of law;

b. the right of the individual to equality before the law and the protection of
the law;

Right to privacy c. the right of the individual to respect for his private and family life;

d. the right of the individual to equality of treatment from any public
authority in the exercise of any functions;

Right to form political parties e. the right to join political parties and to express political views;

f. the right of a parent or guardian to provide a school of his own choice for
the education of his child or ward;

Freedom of movement g. freedom of movement;

Freedom of religion h. freedom of conscience and religious belief and observance;
Freedom of opinion/thought/conscience

Freedom of expression i. freedom of thought and expression;
Freedom of opinion/thought/conscience

Freedom of assembly j. freedom of association and assembly; and
Freedom of association

Freedom of press k. freedom of the press.
5. Protection of rights and freedoms

1. Except as is otherwise expressly provided in this Chapter and in section 54, no
law may abrogate, abridge or infringe or authorise the abrogation, abridgement
or infringement of any of the rights and freedoms hereinbefore recognised and
declared.

2. Without prejudice to subsection (1), but subject to this Chapter and to section
54, Parliament may not

a. authorise or effect the arbitrary detention, imprisonment or exile of any
person;

Prohibition of cruel treatment b. impose or authorise the imposition of cruel and unusual treatment or
punishment;

c. deprive a person who has been arrested or detained

i. of the right to be informed promptly and with sufficient particularity of
the reason for his arrest or detention;

Right to counsel ii. of the right to retain and instruct without delay a legal adviser of his
own choice and to hold communication with him;

iii. of the right to be brought promptly before an appropriate judicial
authority;

Protection from unjustified restraint iv. of the remedy by way of habeas corpus for the determination of the
validity of his detention and for his release if the detention is not
lawful;

Regulation of evidence collection d. authorise a court, tribunal, commission, board or other authority to compel
Protection from self-incrimination
a person to give evidence unless he is afforded protection against
self-incrimination and, where necessary to ensure such protection, the
right to legal representation;

Right to fair trial e. deprive a person of the right to a fair hearing in accordance with the
principles of fundamental justice for the determination of his rights and
obligations;

f. deprive a person charged with a criminal offence of the right

Presumption of innocence in trials i. to be presumed innocent until proved guilty according to law, but this
shall not invalidate a law by reason only that the law imposes on any
such person the burden of proving particular facts;

Right to public trial ii. to a fair and public hearing by an independent and impartial tribunal
or;

Right to pre-trial release iii. to reasonable bail without just cause;

Trial in native language of accused g. deprive a person of the right to the assistance of an interpreter in any
proceedings in which he is involved or in which he is a party or a witness,
before a court, commission, board or other tribunal, if he does not
understand or speak English; or


h. deprive a person of the right to such procedural provisions as are necessary
for the purpose of giving effect and protection to the aforesaid rights and
freedoms.
PART 2: Exceptions for Existing Law
6. Savings for existing law

1. Nothing in sections 4 and 5 shall invalidate

a. an existing law;

b. an enactment that repeals and re-enacts an existing law without alteration;
or

c. an enactment that alters an existing law but does not derogate from any
fundamental right guaranteed by this Chapter in a manner in which or to an
extent to which the existing law did not previously derogate from that right.
2. Where an enactment repeals and re-enacts with modifications an existing law
and is held to derogate from any fundamental right guaranteed by this Chapter
in a manner in which or to an extent to which the existing law did not previously
derogate from that right then, subject to sections 13 and 54, the provisions of
the existing law shall be substituted for such of the provisions of the enactment
as are held to derogate from the fundamental right in a manner in which or to an
extent to which the existing law did not previously derogate from that right.
3. In this section

alters in relation to an existing law, includes repealing that law and
re-enacting it with modifications or making different provisions in place of
it or modifying it;

existing law means a law that had effect as part of the law of Trinidad and
Tobago immediately before the commencement of this Constitution, and
includes any enactment referred to in subsection (1);

right includes freedom.
PART 3: Exceptions for Emergencies
Emergency provisions 7. Emergency powers

1. Without prejudice to the power of Parliament to make provision in the premise,
but subject to this section, where any period of public emergency exists, the
President may, due regard being had to the circumstances of any situation likely
to arise or exist during such period make regulations for the purpose of dealing
with that situation and issue orders and instructions for the purpose of the
exercise of any powers conferred on him or any other person by any Act
referred to in subsection (3) or instrument made under this section or any such
Act.

2. Without prejudice to the generality of subsection (1) regulations made under

that subsection may, subject to section 11, make provision for the detention of
persons.
3. An Act that is passed during a period of public emergency and is expressly
declared to have effect only during that period or any regulations made under
subsection (1) shall have effect even though inconsistent with sections 4 and 5
except in so far as its provisions may be shown not to be reasonably justifiable
for the purpose of dealing with the situation that exists during that period.
Emergency provisions 8. Period of public emergency

1. Subject to this section, for the purposes of this Chapter, the President may from
time to time make a Proclamation declaring that a state of public emergency
exists.
2. A Proclamation made by the President under subsection (1) shall not be
effective unless it contains a declaration that the President is satisfied

a. that a public emergency has arisen as a result of the imminence of a state of
war between Trinidad and Tobago and a foreign State;

b. that a public emergency has arisen as a result of the occurrence of any
earthquake, hurricane, flood, fire, outbreak of pestilence or of infectious
disease, or other calamity whether similar to the foregoing or not; or

c. that action has been taken, or is immediately threatened, by any person, of
such a nature and on so extensive a scale, as to be likely to endanger the
public safety or to deprive the community or any substantial portion of the
community of supplies or services essential to life.
Emergency provisions 9. Grounds for, and initial duration of Proclamation

1. Within three days of the making of the Proclamation, the President shall deliver
to the Speaker for presentation to the House of Representatives a statement
setting out the specific grounds on which the decision to declare the existence of
a state of public emergency was based, and a date shall be fixed for a debate on
this statement as soon as practicable but in any event not later that fifteen days
from the date of the Proclamation.
2. A Proclamation made by the President for the purposes of and in accordance
with this section shall, unless previously revoked, remain in force for fifteen
days.
Emergency provisions 10. Extension of Proclamation

1. Before its expiration the Proclamation may be extended from time to time by
resolution supported by a simple majority vote of the House of Representatives,
so however, that no extension exceeds three months and the extensions do not
in the aggregate exceed six months.
2. The Proclamation may be further extended from time to time for not more than
three months at any one time, by a resolution passed by both Houses of
Parliament and supported by the votes of not less than three-fifths of all the
members of each House.
3. The Proclamation may be revoked at any time by a resolution supported by a
simple majority vote of the House of Representatives.

4. In this Chapter period of public emergency means any period during which

a. Trinidad and Tobago is engaged in any war; or

b. there is in force a Proclamation by the President declaring that a state of
public emergency exists; or

c. there is in force a resolution of both Houses of Parliament supported by the
votes of not less than two-thirds of all the members of each House
declaring that democratic institutions in Trinidad and Tobago are
threatened by subversion.
Emergency provisions 11. Detention of persons

1. Where any person who is lawfully detained by virtue only of such an Act or
regulations as is referred to in section 7 so requests at any time during the
period of that detention and thereafter not earlier than six months after he last
made such a request during that period, 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 the persons entitled to
practise in Trinidad and Tobago as barristers or solicitors.
2. On any review by a tribunal in pursuance of subsection (1) of the case of any
detained person, the tribunal may make recommendations concerning the
necessity or expediency of continuing his detention to the authority by whom it
was ordered but, unless otherwise provided by law, that authority shall not be
obliged to act in accordance with such recommendations.
Emergency provisions 12. Publication

1. Where at any time it is impracticable or inexpedient to publish in the Gazette
any Proclamation, Notice, Regulation or Order in pursuance of this Part, the
President may cause the same to be published by notices thereof affixed to
public buildings or distributed amongst the public or by oral public
announcements.
2. Upon the publication of any Proclamation under this Part all such detention
orders, curfew orders or other instruments, directions or instructions as are
authorised to be made, issued or given by any regulations referred to in section
7 may be made, issued or given and executed upon any person or authority, even
if such regulations have not yet been published pursuant to subsection (1).
PART 4: Exceptions for Certain Legislation
13. Acts inconsistent with sections 4 and 5

1. An Act to which this section applies may expressly declare that it shall have
effect even though inconsistent with sections 4 and 5 and, if any such Act does
so declare, it shall have effect accordingly unless the Act is shown not to be
reasonably justifiable in a society that has a proper respect for the rights and
freedoms of the individual.
2. An Act to which this section applies is one the Bill for which has been passed by
both Houses of Parliament and at the final vote thereon in each House has been
supported by the votes of not less than three-fifths of all the members of that
House.

3. For the purposes of subsection (2) the number of members of the Senate shall,
notwithstanding the appointment of temporary members in accordance with
section 44, be deemed to be the number of members specified in section 40(1).
PART 5: General
14. Enforcement of the protective provisions

1. For the removal of doubts it is hereby declared that if any person alleges that
any of the provisions of this Chapter has been, is being, or is likely to be
contravened in relation to him, then without prejudice to any other action with
respect to the same matter which is lawfully available, that person may apply to
the High Court for redress by way of originating motion.
2. The High Court shall have original jurisdiction

a. to hear and determine any application made by any person in pursuance of
subsection (1), and

b. to determine any question arising in the case of any person which is
referred to it in pursuance of subsection (4),
and may, subject to subsection (3), make such 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 this Chapter to the
protection of which the person concerned is entitled.
3. The State Liability and Proceedings Act, 1966 shall have effect for the purpose
of any proceedings under this section.
4. Where in any proceedings in any court other than the High Court or the Court of
Appeal any question arises as to the contravention of any of the provisions of
this Chapter 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.
5. Any person aggrieved by any determination of the High Court under this section
may appeal therefrom to the Court of Appeal and shall be entitled as of right to a
stay of execution of the order and may in the discretion of the Court be granted
bail.
6. Nothing in this section shall limit the power of Parliament to confer on the High
Court or the Court of Appeal such powers as Parliament may think fit in relation
to the exercise by the High Court or the Court of Appeal, as the case may be, of
its jurisdiction in respect of the matters arising under this Chapter.
CHAPTER 2: CITIZENSHIP
Requirements for birthright citizenship 15. Continuation of citizenship of citizens under section 9
of former Constitution
Any person who became a citizen by birth under section 9(1) or a citizen by descent
under section 9(2) of the former Constitution and who has not ceased to be a citizen
under that Constitution, shall continue to be a citizen under this Constitution.

Requirements for naturalization 16. Continuation of citizenship of citizens by registration,

naturalization, etc
Any person who became a citizen of Trinidad and Tobago by virtue of registration
under the former Constitution or by virtue of an acquisition of citizenship under Part
II of the Trinidad and Tobago Citizenship Act, 1962, and who has not ceased to be a
citizen under any law in force in Trinidad and Tobago shall continue to be a citizen
under this Constitution.
Requirements for birthright citizenship 17. Acquisition of citizenship by birth or descent.

Continuation of citizenship. Retrospective citizenship
1. Subject to subsection (2), every person born in Trinidad and Tobago after the
commencement of this Constitution shall become a citizen of Trinidad and
Tobago at the date of his birth.
2. A person shall not become a citizen of Trinidad and Tobago by virtue of
subsection (1), if at the time of his birth

a. neither of his parents is a citizen of Trinidad and Tobago and either of them
possesses such immunity from suit and legal process as is accorded to an
envoy of a foreign sovereign power accredited to Trinidad and Tobago; or

b. either of his parents is an enemy alien and the birth occurred in a place then
under occupation by the enemy.
3. A person born outside Trinidad and Tobago after the commencement of this
Constitution shall become a citizen of Trinidad and Tobago at the date of his
birth if at that date either of his parents is, or was, but for his parents death, a
citizen of Trinidad and Tobago otherwise than by descent, so however that, in
the case of a person employed in service under the Government or under an
authority of the Government that requires him to reside outside Trinidad and
Tobago for the proper discharge of his functions, this subsection shall be read as
if the words otherwise than by descent were deleted.
4. Any person who became a citizen by birth under section 12(1) or a citizen by
descent under section 12(2) of the former Constitution and who has not ceased
to be a citizen under that Constitution, shall continue to be a citizen under this
Constitution.
5. A person born outside Trinidad and Tobago after the 30th August, 1962 whose
mother was a citizen of Trinidad and Tobago otherwise than by descent at the
date of his birth but who did not become a citizen at that date shall be deemed to
have become a citizen at that date and shall continue to be a citizen of Trinidad
and Tobago under this Constitution.
Regional group(s) 18. Commonwealth citizens

1. Every person who under this Constitution or any Act of Parliament is a citizen of
Trinidad and Tobago or, under any law for the time being in force in any country
to which this section applies, is a citizen of that country shall, by virtue of that
citizenship, have the status of a Commonwealth citizen.
2. Every person who is a British subject without citizenship under the British
Nationality Act, 1948 of the United Kingdom or who continues to be a British
subject under section 2 of that Act or who is a British subject under the British
Nationality Act, 1965 of the United Kingdom shall, by virtue of that status, have
the status of a Commonwealth citizen.

3. The countries to which this section applies are Australia, the Bahamas,
Bangladesh, Barbados, Botswana, Canada, Cyprus, Fiji, The Gambia, Ghana,
Grenada, Guyana, India, Jamaica, Kenya, Lesotho, Malawi, Malaysia, Malta,
Mauritius, Nauru, New Zealand, Nigeria, Sierra Leone, Singapore, Sri Lanka,
Swaziland, Tanzania, Tonga, Uganda, United Kingdom and Colonies, Western
Samoa and Zambia.
4. The President may from time to time, by Order subject to affirmative resolution
of the Senate and the House of Representatives amend subsection (3) by adding
any Commonwealth country thereto or by deleting any Commonwealth country
therefrom.
19. Criminal liability of Commonwealth citizens

1. A Commonwealth citizen who is not a citizen of Trinidad and Tobago, or a citizen
of the Republic of Ireland who is not a citizen of Trinidad and Tobago, shall not
be guilty of any offence against any law in force in Trinidad and Tobago by
reason of anything done or omitted in any part of the Commonwealth other than
Trinidad and Tobago or in the Republic of Ireland or in any foreign country
unless

a. the act or omission would be an offence if he were an alien; and

b. in the case of an act or omission in any part of the Commonwealth or in the
Republic of Ireland, it would be an offence if the country in which the act
was done or the omission made were a foreign country.
2. In this section foreign country means a country (other than the Republic of
Ireland) that is not part of the Commonwealth.
Conditions for revoking citizenship

Requirements for naturalization
20. Powers of Parliament
Parliament may make provisions relating to citizenship including provision

a. for the acquisition of citizenship of Trinidad and Tobago by persons who
are not or do not become citizens of Trinidad and Tobago by virtue of the
provisions of this Chapter;

b. for depriving of his citizenship of Trinidad and Tobago any citizen of
Trinidad and Tobago but only on the acquisition of citizenship of some
other country in the case of a citizen by birth or descent; or

c. for the renunciation by any person of his citizenship of Trinidad and
Tobago.
21. Interpretation of Chapter 2

1. In this Chapter

alien means a person who is not a Commonwealth citizen, a British
protected person or a citizen of the Republic of Ireland;

British protected person means a person who is a British protected
person for the purposes of the British Nationality Act, 1948 of the United
Kingdom;


citizen by birth means a person

a. who is a citizen of Trinidad and Tobago under section 17(1); or

b. who became a citizen of Trinidad and Tobago under section 9(1) or
12(1) of the former Constitution;

citizen by descent means a person

a. who is a citizen of Trinidad and Tobago under section 17(3) or any
enactment; or

b. who became a citizen of Trinidad and Tobago under section 9(2) or
12(2) of the former Constitution.

.
2. For the purposes of this Chapter, a person born outside Trinidad and Tobago
aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of
the government of any country, shall be deemed to have been born in the place
in which the ship or aircraft has been registered or, as the case may be, in that
country.
CHAPTER 3: THE PRESIDENT
Designation of commander in chief

Name/structure of executive(s)
22. Establishment of office and election of President
There shall be a President of Trinidad and Tobago elected in accordance with the
provisions of this Chapter who shall be the Head of State and Commander-in-Chief
of the armed forces.
23. Qualifications and disqualifications for office of

President
Minimum age of head of state 1. A person is qualified to be nominated for election as President if, and is not so
Eligibility for head of state
qualified unless, he is a citizen of Trinidad and Tobago of the age of thirty-five
years or upwards who at the date of his nomination has been ordinarily resident
in Trinidad and Tobago for ten years immediately preceding his nomination.
2. For the purposes of subsection (1) a person shall be deemed to reside in Trinidad
and Tobago if he holds an office in the service of the Government of Trinidad
and Tobago and lives outside Trinidad and Tobago because he is required to do
so for the proper discharge of his functions.
3. A person is not qualified to be nominated for election as President who is
disqualified for election as a member of the House of Representatives by virtue
of section 48(1) or any law made under section 48(2).

24. Other conditions of office

1. Where a member of the Senate or the House of Representatives is elected as
President, his seat in the Senate or the House of Representatives respectively,
shall thereupon become vacant.
2. Except in the case of a person acting as, or performing the functions of President
under section 27, but subject to sections 44(2) and 56(8), the President shall not
hold any other office of emolument or profit whether in the public service or
otherwise.
3. The salary and allowances of a President and his other terms of service shall not
be altered to his disadvantage after he has assumed office.
25. Transitional provision

1. The person holding the office of Governor-General of Trinidad and Tobago at
the commencement of this Constitution shall hold the office of President under
this Constitution until a President is elected under the provisions of this Chapter
and assumes office.
2. Where at any time between the appointed day and the election of the first
President of the Senate under section 45, the President under subsection (1) is
for any reason unable to perform the functions of President then, until the
President under subsection (1) is again able to perform his functions as
President those functions shall be performed by the person who last held the
office of President of the Senate under the former Constitution.
26. Holding of elections for President

1. The Speaker of the House of Representatives shall be responsible for the
holding of elections for President.
2. The date of every election under this section shall be announced in the Gazette
by the Speaker within such number of days in advance as may be prescribed.
3. An election for President shall be held not more than one hundred and twenty
days nor less than ninety days after the first sitting of the House of
Representatives under this Constitution and the President who is so elected
shall assume office on the expiration of thirty days next after his election.
4. Thereafter, an election for President shall be held not more than sixty days nor
less than thirty days before the expiration of the term of that office.
Head of state replacement 5. Where the office of President becomes vacant under section 34 before the
expiration of the term of that office prescribed by section 33, an election shall be
held to fill the vacancy within ninety days of the occurrence of the vacancy.
6. Where the date for the assumption of office of a President falls on a Sunday or
public holiday the President shall assume office on the next following day that is
not a Sunday or public holiday.
7. Where the time limited for holding an election for President under subsection
(3), (4) or (5) has not been complied with, Parliament may make provision for an
extension of the period during which elections may be held.
27. Where office vacant

1. Where the office of President is vacant or the President is incapable of
performing his functions as President by reason of his absence from Trinidad
and Tobago or by reason of illness, the President of the Senate shall act
temporarily as President.

2. Where the President of the Senate is for any reason unable to act as President
under subsection (1) or section 36(2) the functions of President shall be
performed by the Speaker.
3. Where the Speaker is for any reason unable to perform the functions of
President under subsection (2), the Vice-President of the Senate shall perform
those functions, so however that a meeting of the Electoral College shall be held,
upon the summons of the Deputy Speaker giving at least forty-eight hours
notice thereof, within seven days of the Vice-President of the Senate
commencing to perform the functions of President for the purpose of holding an
election of a person to fill the vacancy in the office of President under section
26(5), or of a person to act temporarily as President during such period as the
President is incapable of performing his functions.
4. Upon his election to fill the vacancy in the office of President under section
26(5) or to act temporarily as President during such period as the President is
incapable of performing his functions in accordance with subsection (3) the
person shall immediately assume office.
Head of state selection 28. Electoral College

1. There shall be an Electoral College for the purposes of this Chapter which shall
be a unicameral body consisting of all the members of the Senate and all the
members of the House of Representatives assembled together.
2. The Electoral College shall be convened by the Speaker.
3. The Speaker shall preside as Chairman over the proceedings of the Electoral
College and shall have an original vote.
4. Subject to this Chapter, the Electoral College may regulate its own procedure
and may make provision for the postponement or adjournment of its meetings
and such other provisions as may be necessary to deal with difficulties that may
arise in the carrying out of elections under this Chapter.
5. Ten Senators, the Speaker and twelve other members of the House of
Representatives shall constitute a quorum of the Electoral College.
Head of state selection 29. Mode of elections

The President shall be elected by the Electoral College voting by secret ballot.
30. Nomination of candidates

A person shall not be a candidate for election as President unless he is nominated for
election by a nomination paper which

a. is signed by him and by twelve or more members of the House of
Representatives; and

b. is delivered to the Speaker at least seven days before the election.
31. Procedure for balloting

1. The candidate who is unopposed or who obtains the greatest number of the
votes cast shall be declared elected.
2. Where the votes cast for two or more candidates are equally divided the
Speaker shall have and exercise a casting vote.

32. Determination of questions as to election

1. Subject to subsection (2), an instrument which

a. in the case of an uncontested election for the office of President is signed
and sealed by the Speaker and states that a person named in the instrument
was the only person nominated for the election and was in consequence
declared elected; or

b. in the case of a contested election is signed and sealed by the Speaker and
states that a person named in the instrument was declared elected at that
meeting in consequence of the ballot,
shall be conclusive evidence that the person so named was so elected, and no
question as to the validity of the election of the person so named shall be
inquired into in any court.
2. The Court of Appeal shall have exclusive jurisdiction to hear and determine any
question as to the validity of an election of a President in so far as that question
depends upon the qualification of any person for election or the interpretation
of this Chapter, and the decision of that Court under this subsection shall be
final.
3. Parliament may make provisions with respect to the persons by whom, the
manner in which and the conditions upon which the proceedings under
subsection (2) may be instituted in the Court of Appeal and subject to any
provisions so made, provisions may be made with respect to these matters by
rules of court. Until such provisions or rules are made the procedure for moving
the Court of Appeal shall be by way of a representation petition.
33. Term of office

Head of state term length 1. Subject to this section and to sections 34 and 36, a President elected at an
election under section 26(3) or (4) shall hold office for a term of five years.
2. Parliament may make provision for the postponement of the date of expiration
of the term of office of the President under subsection (1), for a period not
exceeding four months, in order to avoid the holding of an election for that office
during a period of dissolution of Parliament or at a time too close to the
beginning or to the end of such a period.
3. Where for any reason at the date on which the term of office of the President is
due to expire under subsection (1) or (2) there is no person entitled by election
under section 26(4) to fill the office of President upon its expiration, the current
term of that office shall continue until thirty days after a person is elected to the
office of President whereupon the current term of that office shall expire.
4. Where a person is elected to fill a vacancy in the office of President in an
election under section 26(5) he shall hold office only for the unexpired portion of
the term of office of his predecessor.
34. Vacation of office

The office of President shall become vacant before the expiration of the term of his
office as prescribed by section 33 where

a. the person holding that office dies or resigns the office by writing signed by
him addressed to the House of Representatives and delivered to the
Speaker; or


b. he is removed from office under section 36.
Head of state removal 35. Removal from office

The President may be removed from office under section 36 where

a. he wilfully violates any provision of the Constitution;

b. he behaves in such a way as to bring his office into hatred, ridicule or
contempt;

c. he behaves in a way that endangers the security of the State; or

d. because of physical or mental incapacity, he is unable to perform the
functions of his office.
36. Procedure for removal from office

Head of state removal 1. The President shall be removed from office where

a. a motion that his removal from office should be investigated by a tribunal is
proposed in the House of Representatives;

b. the motion states with full particulars the grounds on which his removal
from office is proposed, and is signed by not less than one-third of the total
membership of the House of Representatives;

c. the motion is adopted by the vote of not less than two-thirds of the total
membership of the Senate and the House of Representatives assembled
together;

d. a tribunal consisting of the Chief Justice and four other Judges appointed
by him, being as far as practicable the most senior Judges, investigate the
complaint and report on the facts to the House of Representatives;

e. the Senate and the House of Representatives assembled together on the
summons of the Speaker consider the report and by resolution supported
by the votes of not less than two-thirds of the total membership of the
Senate and the House of Representatives assembled together declare that
he shall be removed from office.
2. Where a motion is adopted as is provided for in subsection (1)(a), (b) and (c) the
President shall cease to perform any of his functions as President and the
President of the Senate shall act temporarily as President.
3. The procedure of the tribunal shall be such as is prescribed, but, subject to such
procedure, the tribunal may regulate its own procedure.
4. Upon the adoption of the resolution in accordance with subsection (1)(c) the
office shall become vacant.

Oaths to abide by constitution 37. Oath First Schedule

1. A President shall before entering upon the duties of his office take and subscribe
the oath of office set out in the First Schedule, such oath being administered by
the Chief Justice or such other Judge as may be designated by the Chief Justice.
2. Subsection (1) shall apply to any person required under this Constitution to
perform the functions of the office of President as it applies to a person elected
as such.
Head of state immunity 38. Immunities of President

1. Subject to section 36, the President shall not be answerable to any court for the
performance of the functions of his office or for any act done by him in the
performance of those functions.
2. Without the fiat of the Director of Public Prosecutions, no criminal proceedings
shall be instituted or continued against the President in any court during his
term of office and no process for the Presidents arrest or imprisonment shall be
issued from any court or shall be executed during his term of office.
3. No civil proceedings in which relief is claimed against the President shall be
instituted during his term of office in any court in respect of any act done by him
in his personal capacity whether before or after he entered the office of
President, except on the condition specified in subsection (4).
4. The condition referred to in subsection (3) is that two months must elapse after
a notice in writing has been served on him either by registered post or by being
left at his office stating the nature of the proceedings, the cause of action, the
name, description and address of the party instituting the proceedings and the
relief claimed.
5. A period of limitation prescribed by law shall not run in favour of the President
in respect of a civil action during the period of two months after a notice in
respect of that action has been served on him under subsection (4).
CHAPTER 4: PARLIAMENT
PART 1: Composition of Parliament
Establishment
Structure of legislative chamber(s) 39. Establishment of Parliament

There shall be a Parliament of Trinidad and Tobago which shall consist of the
President, the Senate and the House of Representatives.
The Senate
Structure of legislative chamber(s)

Second chamber selection
40. Composition of Senate
Size of second chamber 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.
Eligibility for cabinet

Minimum age for second chamber
41. Qualifications for appointment as Senator
Eligibility for second chamber
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.
Eligibility for second chamber 42. Disqualifications for appointment as Senator

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;

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 or 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 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 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.
Removal of individual legislators 43. Tenure of office of Senators

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 Senate for such period and in such
circumstances as may be prescribed in the 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 a court 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 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.
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 in subsection (3) and he may resume the
performance of his functions as a Senator.
Replacement of legislators 44. Appointment of temporary Senators

1. Where a Senator has temporarily vacated his office under subsection (2) or is
incapable of performing his functions as a Senator by virtue of the provisions 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 relation to 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 appointment 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 judgment in relation to a Senator appointed by
him pursuant to section 40(2)(c).

45. President and Vice-President of the Senate

Leader of second chamber 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 elect 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
46. Composition of House of Representatives

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.
Size of first chamber 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.
Eligibility for cabinet

Eligibility for first chamber
47. Qualifications for election as member
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

Minimum age of head of government a. is a citizen of Trinidad and Tobago of the age of eighteen years or upwards,
Minimum age for first chamber
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.
48. Disqualifications for election as member

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;

d. 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 or 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;

Outside professions of legislators 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 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 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.
Removal of individual legislators 49. Tenure of office of members

1. Every member of the House of Representatives shall vacate his seat in the
House at the next dissolution of Parliament after his election.
2. A member of the House of Representatives shall also vacate his seat in the
House where

a. he resigns 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;

Attendance by legislators 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;

e. having been a candidate of a party and elected to the House, he resigns
from or is expelled by that party.
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 further appeal is open to the member, or where, 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.
6. Where at any time before the member of the House 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 in subsection (3) and
he may resume the performance of his functions as a member of the House.
49A. Vacation of seat where member resigns or is expelled

1. Where circumstances such as are referred to in section 49(2)(e) arise, the leader
in the House of Representatives of the party as a candidate of which the
member was elected, shall so inform the Speaker in writing of those
circumstances and the Speaker shall, at the sitting of the House of
Representatives next after he is so informed, make a declaration that the
member has resigned from or has been expelled by the party, as the case may be.
2. Where within a period of fourteen days of the declaration by the Speaker the
member does not institute legal proceedings to challenge the allegation that he
has resigned or to challenge his expulsion, he shall vacate his seat at the end of
the said period of fourteen days.
3. Where within fourteen days of the declaration by the Speaker, the member
institutes legal proceedings as aforesaid he shall not vacate his seat unless and
until either the proceedings are withdrawn or the proceedings are finally
determined by a decision upholding the resignation or expulsion, the decision
being one that is not open to appeal or in respect of which the time allowed for
an appeal has expired without an appeal being filed.
4. From the date of the declaration by the Speaker under subsection (1) the
member shall cease to perform his functions as a member of the House of
Representatives and he shall resume the performance of such functions only if
and when the legal proceedings referred to in subsection (3) are finally
determined within the meaning of that subsection in favour of such member.

5. Standing Orders shall make provision for the identification and recognition of
the leader in the House of Representatives of every party and for otherwise
giving effect to this section.
50. Speaker and Deputy Speaker

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.
Leader of first chamber 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 the 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 the
office of Deputy Speaker falls vacant at any time before the next dissolution of
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 a member 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 on 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 he 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 hand 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 required 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) [or (9)], he 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 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
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 member 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.
9. Upon delivery by the Clerk of the House to the Speaker of a resolution signed by
a majority of the members of the House that the Speaker be removed from
office, (hereinafter referred to as the resolution) the Speaker shall vacate his
office temporarily and cease to perform his functions as Speaker.
10. The resolution shall state the grounds on which the Speakers removal from
office is proposed.
11. The Speaker may, within twenty-one days of the delivery of the resolution,
supply to the Clerk of the House in writing any grounds on which he resists his
removal from office, and the Clerk of the House shall supply a copy thereof to
each member of the House.
12. Unless a motion in support of the resolution is moved in the House

a. within fourteen days of the receipt by the Clerk of the House of the
grounds supplied by the speaker; or

b. where no such grounds have been supplied, within fourteen days of the
time prescribed therefor, the Speaker shall resume the performance of his
functions as Speaker.
13. For the purposes of subsection (9) a resolution left at the office of the Speaker
shall be deemed to be delivered at the time it is so left.

14. Where the motion in subsection (12) is passed, the Clerk of the House shall
within seven days of the passing of the motion referred to in subsection (12)
transmit the records of proceedings in the House to a Special Tribunal
comprising a Chairman and two other members appointed by the President
after consultation with the Prime Minister and the Leader of the Opposition,
(hereinafter referred to as the Tribunal).
15. The record shall include the resolution, the grounds supplied by the Speaker and
the speeches made by Members of the House upon debate of the resolution.
16. The Tribunal shall review the record and within twenty-one (21) days of its
receipt of the record shall make a recommendation to the House accompanied
by a brief statement of its reasons therefor either

a. confirming that the Speaker should vacate office; or

b. withholding confirmation.
17. Where the Tribunal confirms that the Speaker should vacate office the Speaker
shall do so immediately upon delivery to him of the confirmation of the Tribunal
by the Clerk of the House.
18. Where the Tribunal withholds confirmation the House by resolution may
resolve not to follow the recommendation of the Tribunal and to confirm the
motion that the Speaker should vacate office and where such a resolution is
passed the Speaker shall vacate his office immediately.
19. During the period of review by the Tribunal the Speaker shall not resume
performance of his functions as Speaker.
First chamber selection

Restrictions on voting
51. Qualifications of voters
Subject to such disqualifications as Parliament may prescribe, a person shall be
qualified to vote at an election of members 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
52. Determination of questions as to membership

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 required, 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 Representatives; 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).
PART 2: Powers, Privileges and Procedure of Parliament
53. Power to make laws

Parliament may make laws for the peace, order and good government of Trinidad
and Tobago, so however that the provisions of this Constitution or (in so far as it
forms part of the law of Trinidad and Tobago) the Trinidad and Tobago
Independence Act, 1962 of the United Kingdom may not be altered except in
accordance with the provisions of section 54.
Constitution amendment procedure 54. Alteration of this Constitution

1. Subject to the provisions of this section, Parliament may alter any of the
provisions of this Constitution or (in so far as it forms part of the law of Trinidad
and Tobago) any of the provisions of the Trinidad and Tobago Independence Act,
1962.
2. In so far as it alters

a. sections 4 to 14, 20(b), 21, 43(1), 53, 58, 67(2), 70, 83, 101 to 108, 110, 113,
116 to 125 and 133 to 137; or

b. section 3 in its application to any of the provisions of this Constitution
specified in paragraph (a),
a Bill for an Act under this section shall not be passed by Parliament unless at
the final vote thereon in each House it is supported by the votes of not less than
two-thirds of all the members of each House.
3. In so far as it alters

a. this section;

b. sections 22, 23, 24, 26, 28 to 34, 38 to 40, 46, 49(1), 51, 55, 61, 63, 64, 68,
69, 71, 72, 87 to 91, 93, 96(4) and (5), 97, 109, 115, 138, 139 or the Second
and Third Schedules;


c. section 3 in its application to any of the provisions specified in paragraph (a)
or (b); or

d. any of the provisions of the Trinidad and Tobago Independence Act, 1962,
a Bill for an Act under this section shall not be passed by Parliament unless it is
supported at the final vote thereon

i. in the House of Representatives by the votes of not less than three-fourths
of all the members of the House; and

ii. in the Senate by the votes of not less than two-thirds of all the members of
the Senate.
4. For the purposes of subsections (2) and (3) the number of members of the
Senate shall, even though circumstances requiring the appointment of
temporary members in accordance with section 44(1) have arisen, continue to
be the number of members specified in section 40(1).
5. No Act other than an Act making provision for any particular case or class of
case, inconsistent with provisions of this Constitution, not being those referred
to in subsections (2) and (3), shall be construed as altering any of the provisions
of this Constitution, or (in so far as it forms part of the law of Trinidad and
Tobago) any of the provisions of the Trinidad and Tobago Independence Act,
1962, unless it is stated in the Act that it is an Act for that purpose.
6. In this section references to the alteration of any of the provisions of this
Constitution or the Trinidad and Tobago Independence Act, 1962, include
references to repealing it, with or without re-enactment thereof or the making
of different provisions in place thereof or the making of provision for any
particular case or class of case inconsistent therewith, to modifying it and to
suspending its operation for any period.
Immunity of legislators 55. Privileges and immunities of Parliament

1. Subject to the provisions of this Constitution and to the rules and standing
orders regulating the procedure of the Senate and House of Representatives,
there shall be freedom of speech in the Senate and House of Representatives.
2. No civil or criminal proceedings may be instituted against any member of either
House for words spoken before, or written in a report to, the House of which he
is a member or in which he has a right of audience under section 62 or a
committee thereof or any joint committee or meeting of the Senate and House
of Representatives or by reason of any matter or thing brought by him therein
by petition, bill, resolution, motion or otherwise; or for the publication by or
under the authority of either House of any report, paper, votes or proceedings.
3. In other respects, the powers, privileges and immunities of each House and of
the members and the committees of each House, shall be such as may from time
to time be prescribed by Parliament after the commencement of this
Constitution and until so defined shall be those of the House of Commons of the
Parliament of the United Kingdom and of its members and committees at the
commencement of this Constitution.
4. A person called to give any evidence before either House or any committee shall
enjoy the same privileges and immunities as a member of either House.

56. Regulation of procedure in each House

1. Subject to the provisions of this Constitution, each House may regulate its own
procedure.
2. Each House may act notwithstanding any vacancy in its membership (including
any vacancy not filled when the House first meets after the commencement of
this Constitution or after any dissolution of Parliament), 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.
57. Oath of allegiance

No member of either House shall take part in the proceedings of that House (other
than proceedings necessary for the purposes of this section) until he has made and
subscribed before that House the oath of allegiance, so however, that the election of
a Speaker and Deputy Speaker of the House of Representatives and the election of a
President of the Senate and Vice-President of the Senate may take place before the
members of the House of Representatives, or the members of the Senate, as the case
may be, have made and subscribed such oath.
58. Presiding in Senate and House of Representatives

1. The President of the Senate or, in his absence, the Vice-President of the Senate
or, where they are both absent, a Senator, not being a Minister or a
Parliamentary Secretary, elected by the Senate for that sitting shall preside at
each sitting of the Senate.
2. The Speaker or, in his absence, the Deputy Speaker or, where they are both
absent, a member of the House of Representatives, not being a Minister or a
Parliamentary Secretary, elected by the House for that sitting shall preside at
each sitting of the House.
3. References in this section to circumstances in which the President of the Senate
or Vice-President of the Senate, Speaker or Deputy Speaker is absent include
references to circumstances in which the office of President of the Senate or
Vice-President of the Senate, Speaker or Deputy Speaker is vacant.
59. Voting
1. Save as otherwise provided in this Constitution, all questions proposed for
decision in either House shall be determined by a majority of the votes of the
members thereof present and voting.
2. The President of the Senate or other member presiding in the Senate shall not
vote unless on any question the votes are equally divided, in which case he shall
have and exercise a casting vote.
3. 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 he
shall have and exercise a casting vote.
Quorum for legislative sessions 60. Quorum

1. A quorum of the House of Representatives shall consist of twelve members of
the House and a quorum of the Senate shall consist of ten Senators, so however
that the person presiding at the sitting of either House shall not be included in
reckoning whether there is a quorum of that House present.

2. Where at any sitting of either House any member of the House who is present
draws the attention of the person presiding at the sitting of the absence of a
quorum and, after such interval as may be prescribed by that House, the person
presiding at the sitting ascertains that a quorum of the House is still not present
the House shall be adjourned.
61. Mode of exercising legislative power

1. Subject to the provisions of this Constitution, the power of Parliament to make
laws shall, except where otherwise authorised by statute, be exercised by Bills
passed by the House of Representatives and the Senate and assented to by the
President.
Approval of general legislation 2. When a Bill is presented to the President for assent, he shall signify that he
assents or that he withholds assent.
3. A Bill shall not become law unless it has been duly passed and assented to in
accordance with this Constitution.
4. A Bill may be assented to during the period occurring between the end of one
session of Parliament and the beginning of the next or at any subsequent time
during the life of that Parliament.
62. Attendance of Ministers in either House

1. A Minister who is a Member of the House of Representatives and a Minister
who is a Senator

a. has the right to attend any sitting of the Senate or the House of
Representatives, respectively,

b. may be required at the instance of the President of the Senate or the
Speaker to attend any sitting of Senate or the House of Representatives,
respectively.
2. A Minister may not be required to attend any sitting of either House under
subsection 1(b) except on the adoption by that House of a motion for the
purpose.
3. A Minister attending any sitting of the Senate or the House of Representatives
under subsection (1) may take part in any debate or other proceedings
concerning matters falling within his portfolio in such House and may speak on
any motion before the House concerning such matters and move amendments
to any such motions, save that such a Minister shall have no vote thereon.
4. Nothing in this section shall preclude the Attorney General from attending any
sitting of the Senate or the House of Representatives, as the case may be, and
taking part in debates and other proceedings and speaking on any motion before
any such House, as the case may be, and moving amendments to any such
motions even though the matter falls within the portfolio of some other
Minister.
Finance bills
Tax bills
63. Introduction of Bills, etc
Second chamber reserved policy areas
First chamber reserved policy areas 1. A Bill other than a Money Bill may be introduced in either House; a Money Bill
shall not be introduced in the Senate.

First chamber reserved policy areas 2. Except on the recommendation or with the consent of the Cabinet neither
House shall

a. proceed upon any Bill, including any amendment to a Bill, which, in the
opinion of the person presiding, makes provision for any of the following
purposes

i. for imposing or increasing any tax;

ii. for imposing or increasing any charge on the revenues or other funds
of Trinidad and Tobago or for altering any such charge otherwise than
by reducing it; or

iii. for compounding or remitting any debt due to Trinidad and Tobago;

b. 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 the purposes aforesaid; or

c. receive any petition which, in the opinion of the person presiding, requests
that provision be made for any of the purposes aforesaid.
Finance bills
Tax bills
64. Restrictions on powers of Senate as to Money Bills
1. Where a Money Bill, having been passed by the House of Representatives and
sent to the Senate at least one month before the end of the session, is not passed
by the Senate without amendment within one month after it is sent to the
Senate, the Bill shall, unless the House of Representatives otherwise resolves,
be presented to the President for assent notwithstanding that the Senate has
not consented to the Bill.
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 presented to the President for assent in
pursuance of subsection (1), the certificate of the Speaker signed by him that it is
a Money Bill and that the provisions of that subsection have been complied with.
Division of labor between chambers 65. Restrictions on powers of Senate as to Bills other than
Money Bills
1. Where any Bill other than a Money Bill 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 that Bill shall, on its rejection for the second
time by the Senate, unless the House of Representatives otherwise resolves, be
presented to the President for assent notwithstanding that the Senate has not
consented to the Bill.
2. Nothing in subsection (1) shall have effect until 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 that House in the second
session.

3. For the purposes of this section a Bill that is sent to the Senate from the House
of Representatives in any session shall be deemed to be the same Bill as a former
Bill sent to the Senate in the preceding session if, when it is sent to the Senate, it
is identical with the former Bill or contains only such alterations as are certified
by the Speaker to be necessary owing to the time that has elapsed since the date
of the former Bill or to represent any amendments which have been made by the
Senate in the former Bill in the preceding session.
4. The House of Representatives may, if it thinks fit, on the passage through that
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 of Representatives; but the exercise of
this power by the House of Representatives shall not affect the operation of this
section in the event of the rejection of the Bill in the Senate.
5. For the purposes of this section a Bill shall be deemed to be rejected by the
Senate where

a. it is not passed by the Senate without amendments; or

b. it is passed by the Senate with any amendment that is not agreed to by the
House of Representatives.
6. There shall be inserted in any Bill that is presented to the President 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 of Representatives.
7. There shall be endorsed on any Bill that is presented to the President 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.
8. The provisions of this section shall not apply to a Bill for an Act which is required
by section 13 or section 54 to be supported at the final vote thereon in the
Senate by the votes of not less than three-fifths or two-thirds respectively of all
the members of the Senate.
66. Provisions relating to sections 63, 64 and 65

1. In sections 63, 64 and 65 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:

a. the imposition, repeal, remission, alteration or regulation of taxation;

b. 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;

c. the grant of money to the State or to any authority or person, or the
variation or revocation of any such grant;

d. the appropriation, receipt, custody, investment, issue or audit of accounts
of public money;


e. 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

f. subordinate matters incidental to any of the matters referred to in this
subsection.
Municipal government 2. In subsection (1) 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.
3. Where the office of Speaker is vacant or the Speaker is for any reason unable to
perform any function conferred upon him by section 64 or 65 or subsection (1)
that function may be performed by the Deputy Speaker.
4. A certificate of the Speaker or the Deputy Speaker under section 64 or 65 shall
be conclusive for all purposes and shall not be questioned in any court.
5. Before giving any certificate under section 64 or 65 the Speaker or the Deputy
Speaker, as the case may be, shall consult the Attorney General or, if the
Attorney General is absent from the seat of government, such legal officer in the
Ministry of Legal Affairs as the Attorney General may designate for that
purpose.
Legislative committees 66A. Appointment of certain Select or Joint Select

Committees
1. Subject to subsection (2), it is hereby declared that

Joint meetings of legislative chambers a. in addition to any other Joint Select Committee which Parliament is
empowered to appoint under its Standing Orders, Parliament shall, within
one calendar month

i. after the commencement of the Constitution (Amendment) Act, 1999;

ii. of the first meeting of the House of Representatives after any General
Election,

or such time as the Parliament may resolve not being later than three
months thereafter, appoint Joint Select Committees, to inquire into and
report to both Houses of Parliament in respect of

A. Government Ministries;

B. Municipal Corporations;

C. Statutory Authorities;

D. Enterprises owned or controlled by or on behalf of the State or which
received funding from the State of more than two thirds of its total
income in any one year; and


E. Service Commissions, in relation to their administration, the manner of
the exercise of their powers, their methods of functioning and any
criteria adopted by them in the exercise of their powers and functions;

b. for the purpose of this section, an enterprise shall be taken to be controlled
by the State if the Government or any body controlled by the
Government

i. exercises or is entitled to exercise control directly or indirectly over
the affairs of the enterprise;

ii. is entitled to appoint a majority of the directors of the Board of
Directors of the enterprise; or

iii. holds at least fifty per cent of the ordinary share capital of the
enterprise,

as the case may be;

c. a Committee appointed for the purposes set out in paragraph (a) may

i. appoint sub-committees from among its members and delegate any of
its powers to such subcommittee;

ii. adjourn from place to place;

iii. appoint specialist advisers to assist them in their deliberations;

d. subject to any order of the House or resolution of a Committee, the sitting
of a Committee shall be held in public;

e. a Committee appointed for the purposes set out in paragraph (a) shall make
a report of its opinion and observations which shall be laid in both Houses
of Parliament.
2. A Joint Select Committee in exercising its powers under subsection (1) shall not
enquire into the validity of the exercise of the functions of a body referred to in
subsection (1)(a) nor modify, alter, rescind or in any way interfere with the
decisions of any such body.
3. Subject to this section, the Standing Orders, of the Senate and the House of
Representatives shall apply to a Committee appointed under this section.
4. Subject to the Standing Orders, of Parliament, a Committee may regulate its
own procedure.
66B. Reports of Service Commissions

Each Service Commission shall submit to the President, before 1st October in each
year, a report on its administration, the manner of the exercise of its powers, its
methods of functioning and any criteria adopted by it in the exercise of its powers
and functions in the previous year and the President shall cause the report to be laid
within sixty days thereafter in each House.

66C. Applicability of the Judicial and Legal Service

Commission
1. Sections 66A and 66B shall not apply to the Judicial and Legal Service
Commission.
2. The Judicial and Legal Service Commission shall submit to the President before
1st October, in each year, commencing in the year 2000, a report on the exercise
of its functions and powers in the previous year, describing the procedures
followed and any criteria adopted by it in connection therewith, and the
President shall cause the report to be laid within sixty days thereafter in each
House.
66D. Report of Government Ministries, etc

A Body listed at (A) to (D) in 66A(1)(a) shall submit to the President before 1st July,
in each year a report on the exercise of its functions and powers in the previous year,
describing the procedures followed and any criteria adopted by it in connection
therewith and the President shall cause the report to be laid within sixty days
thereafter in each House.
PART 3: Summoning, Prorogation and Dissolution
67. Sessions of Parliament

1. Each session of Parliament shall be held at such place within Trinidad and
Tobago and shall commence at such time as the President may by Proclamation
appoint.
2. There shall be a session of each House 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.
68. Prorogation and dissolution of Parliament

Dismissal of the legislature 1. The President, acting in accordance with the advice of the Prime Minister, may
at any time prorogue or dissolve Parliament.
2. Subject to subsection (3), Parliament, unless sooner dissolved, shall continue for
five years from the date of its first sitting after any dissolution, and shall then
stand dissolved.
3. At any time when Trinidad and Tobago is at war, Parliament may extend the
period of five years specified in subsection (2) for not more than twelve months
at a time; so however that the life of Parliament shall not be extended under this
subsection for more than five years.
4. Where, between a dissolution of Parliament and the next ensuing general
election of members to the House of Representatives, an emergency arises of
such a nature that in the opinion of the Prime Minister, it is necessary for the
two Houses to be summoned before that general election can be held, the
President, acting in accordance with the advice of the Prime Minister, may
summon the two Houses of the preceding Parliament but the election of
members of the House of Representatives shall proceed and the Parliament that
has been summoned shall, if not sooner dissolved, again stand dissolved on the
day on which the general election is held.

69. General elections and appointment of Senators

1. A general election of members of the House of Representatives shall be held at
such time within three months after every dissolution of Parliament as the
President, acting in accordance with the advice of the Prime Minister, shall
appoint.
2. As soon as practicable after every general election, the President shall proceed
under section 40 to the appointment of Senators.
3. Where a vacancy occurs in the House of Representatives within the first four
years of the life of the Parliament a bye-election shall be held to fill such vacancy
[not later than ninety days from the date of the announcement by the Speaker of
the vacancy.
PART 4: Elections and Boundaries Commission
First chamber selection 70. Constituencies

1. Trinidad and Tobago shall be divided into thirty-six constituencies or such other
number as may be provided for by an Order made by the President in
accordance with the provisions of this Part and each such constituency shall
return one member to the House of Representatives.
2. Not less than two such constituencies shall be in the Island of Tobago.
Electoral commission 71. Elections and Boundaries Commission

1. There shall be an Elections and Boundaries Commission for Trinidad and Tobago
(in this Part referred to as the Commission).
2. The members of the Commission shall be a Chairman and not less than two nor
more than four other members.
3. The Chairman and other members of the Commission shall be appointed by the
President, after consultation with the Prime Minister and the Leader of the
Opposition.
4. A person shall not be qualified to hold office as a member of the Commission
who is a Minister, a Parliamentary Secretary, a member of the House of
Representatives, a Senator, a temporary member of the Senate, or a public
officer.
5. Subject to the provisions of this section, a member of the Commission shall
vacate his office

a. at the expiration of five years from the date of his appointment, but is
eligible for reappointment; or

b. where any circumstances arise, that, if he were not a member of the
Commission, would cause him to be disqualified for appointment as such.
6. Three members of the Commission shall constitute a quorum.
7. Where there is a quorum, the Commission shall not be disqualified for the
transaction of business by reason of any vacancy among its members, and any
proceeding of the Commission shall be valid even though some person who was
not entitled so to do took part therein.
8. The Commission may regulate its own procedure.
9. The Commission shall be provided with a staff adequate for the efficient
discharge of its functions.

10. The salaries and allowances of the staff of the Commission shall be a charge on
the Consolidated Fund.
11. The registration of voters and the conduct of elections in every constituency
shall be subject to the direction and supervision of the Commission.
12. In the exercise of its functions under this section the Commission shall not be
subject to the direction or control of any other person or authority.
Electoral districts
Electoral commission
72. Procedure for review of constituency boundaries
1. The Commission shall, in accordance with the provisions of this section, review
the number and boundaries of the constituencies into which Trinidad and
Tobago is divided and submit to the Prime Minister and the Speaker for
presentation to the House of Representatives in accordance with this section
reports either

a. showing the constituencies into which it recommends that Trinidad and
Tobago should be divided in order to give effect to the rules set out in the
Second Schedule; or

b. 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.
2. Reports under subsection (1) shall be submitted by the Commission not less
than two nor more than five years from the date of the submission of its last
report.
3. As soon as may be after the Commission has submitted a report under
subsection (1)(a) the Minister designated by the Prime Minister for this purpose
(in this section called the Minister) shall lay before the House of
Representatives for its approval the draft of an Order by the President for giving
effect, whether with or without modifications, to the recommendations
contained in the report, and that draft may make provision for any matters
which appear to the Minister to be incidental to or consequential upon the other
provisions of the draft.
4. Where any draft made under this section gives effect to any such
recommendations with modifications, the Minister shall lay before the House of
Representatives together with the draft a statement of the reasons for the
modifications.
5. Where the motion for the approval of any draft made under this section is
rejected by the House of Representatives, or is withdrawn by leave of that
House, the Minister shall amend the draft and lay the amended draft before the
House of Representatives.
6. Where any draft made under this section is approved by resolution of the House
of Representatives, the Minister shall submit it to the President who shall make
the Order in terms of the draft; and that Order shall come into force on such day
as may be specified therein and, until revoked by a further Order made by the
President in accordance with the provisions of this section, shall have the force
of law.
7. The question of the validity of any Order by the President 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.

PART 5: System of Balloting
First chamber selection 73. System of balloting

Secret ballot 1. The election of members of the House of Representatives shall be by secret
ballot and in accordance with the first-past-the-post system.
2. For the purposes of subsection (1), the votes shall be cast in ballot boxes of a
design calculated to ensure their efficiency and reliability.
CHAPTER 5: EXECUTIVE POWERS
74. Executive authority of Trinidad and Tobago

Name/structure of executive(s) 1. The executive authority of Trinidad and Tobago shall be vested in the President
and, subject to this Constitution, may be exercised by him either directly or
through officers subordinate to him.
Designation of commander in chief 2. Without prejudice to the generality of subsection (1), the supreme command of
the armed forces of Trinidad and Tobago shall be vested in the President and the
exercise of this power shall be regulated by law.
3. Nothing in this section shall prevent Parliament from conferring functions on
persons or authorities other than the President.
Establishment of cabinet/ministers 75. The Cabinet

Cabinet removal 1. There shall be a Cabinet for Trinidad and Tobago which shall have the general
direction and control of the government of Trinidad and Tobago and shall be
collectively responsible therefor to Parliament.
Name/structure of executive(s) 2. The Cabinet shall consist of the Prime Minister and such number of other
Ministers (of whom one shall be the Attorney General), appointed in accordance
with the provisions of section 76, as the Prime Minister may consider
appropriate.
76. Appointment of Ministers

Minimum age of head of government 1. Where there is occasion for the appointment of a Prime Minister, the President
Head of government selection
Head of government's role in the shall appoint as Prime Minister
legislature
Eligibility for head of government
a. a member of the House of Representatives who is the Leader in that House
of the party which commands the support of the majority of members of
that House; or

b. where it appears to him that that party does not have an undisputed leader
in that House or that no party commands the support of such a majority,
the member of the House of Representatives who, in his judgment, is most
likely to command the support of the majority of members of that House;
and who is willing to accept the office of Prime Minister.

Attorney general 2. The Attorney General shall, subject to section 79, be responsible for the
administration of legal affairs in Trinidad and Tobago and legal proceedings for
and against the State shall be taken

a. in the case of civil proceedings, in the name of the Attorney General;

b. in the case of criminal proceedings, in the name of the State.
Eligibility for cabinet 3. The Ministers other than the Prime Minister shall be such persons as the
Cabinet selection
President, acting in accordance with the advice of the Prime Minister, shall
appoint from among the members of the House of Representatives and the
Senators.
4. Where occasion arises for making an appointment to the office of Prime
Minister while Parliament is dissolved, a person who, at the time of the
appointment, is a Minister, may be appointed as Prime Minister.
5. Where occasion arises for making an appointment to the office of Minister while
Parliament is dissolved, a person who immediately before the dissolution, was a
Senator or a member of the House of Representatives may be appointed
Minister.
Head of government removal 77. Tenure of office of Ministers

1. Where the House of Representatives passes a resolution, supported by the
votes of a majority of all the members of the House, declaring that it has no
confidence in the Prime Minister and the Prime Minister does not within seven
days of the passing of such a resolution either resign or advise the President to
dissolve Parliament, the President shall revoke the appointment of the Prime
Minister.
2. The Prime Minister shall also vacate his office

Head of government replacement a. when after any dissolution of Parliament he is informed by the President
that the President is about to re-appoint him as Prime Minister or to
appoint another person as Prime Minister; or

b. where for any reason other than a dissolution of Parliament he ceases to be
a member of the House of Representatives.
3. A Minister other than the Prime Minister shall vacate his office

a. when any person is appointed or reappointed as Prime Minister;

b. where for any reason other than a dissolution of Parliament he ceases to be
a member of the House from among the members of which he was
appointed;

Cabinet removal c. where his appointment is revoked by the President acting in accordance
with the advice of the Prime Minister.
4. Where at any time the Prime Minister is required under the provisions of
section 49 (3) to cease to perform his functions as a member of the House of
Representatives, he shall cease during such time to perform any of his functions
as Prime Minister.
5. Where at any time a Minister other than the Prime Minister is required under
section 43(3) or section 49(3) to cease to perform his functions as a member of
the House to which he belongs, he shall cease during such time to perform any of
his functions as Minister.

78. Performance of functions of Prime Minister during

absence, illness or suspension
1. Where the Prime Minister is absent from Trinidad and Tobago or is unable by
reason of illness or of the provisions of section 77(4) to perform the functions
conferred on him by this Constitution, the President may authorise some other
member of the Cabinet to perform those functions (other than the functions
conferred by subsection (2)) and that member may perform those functions until
his authority is revoked by the President.
2. The powers of the President under this section shall be exercised by him in
accordance with the advice of the Prime Minister, save that where the President
considers that it is impracticable to obtain the advice of the Prime Minister
owing to his absence or illness, or where the Prime Minister is unable to tender
advice by reason of the provisions of section 77(4) the President may exercise
those powers without the advice of the Prime Minister.
79. Allocation of portfolios to Ministers

Powers of cabinet 1. The President, acting in accordance with the advice of the Prime Minister, may,
by directions in writing, assign to the Prime Minister or any other Minister
responsibility for any business of the government of Trinidad and Tobago,
including the administration of any department of government.
2. Where a Minister is incapable of performing his functions by reason of his
absence from Trinidad and Tobago or by reason of illness the President, acting in
accordance with the advice of the Prime Minister, may appoint a member of the
House of Representatives or a Senator to act in the office of such Minister
during such absence or illness.
80. Exercise of Presidents functions

1. In the exercise of his functions under this Constitution or any other law, the
President 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 other
provision is made by this Constitution or such other law, and, without prejudice
to the generality of this exception, in cases where by this Constitution or such
other law he is required to act

a. in his discretion;

b. after consultation with any person or authority other than the Cabinet; or

c. in accordance with the advice of any person or authority other than the
Cabinet.
2. Where by this Constitution the President is required to act in accordance with
the advice of, or after consultation with, any person or authority, the question
whether he has in any case so acted shall not be enquired into in any court.
3. Without prejudice to any other case in which the President is authorised or
required to act in his discretion, the President shall act in accordance with his
own deliberate judgment in the performance of the following functions

a. in the exercise of the power to appoint the Prime Minister conferred upon
him by section 76(1) or (4);


b. in the exercise of the powers conferred upon him by section 78 (which
relates to the performance of the functions of the Prime Minister during
absence, illness or suspension) in the circumstances described in the
proviso to subsection (2) of that section;

c. in the exercise of the power to appoint the Leader of the Opposition and to
revoke any such appointment conferred upon him by section 83.
Head of government powers 81. President to be informed concerning matters of

government
The Prime Minister shall keep the President fully informed concerning the general
conduct of the government of Trinidad and Tobago and shall furnish the President
with such information as he may request with respect to any particular matter
relating to the government of Trinidad and Tobago.
82. Parliamentary Secretaries

1. The President, acting in accordance with the advice of the Prime Minister, may
appoint Parliamentary Secretaries from among the Senators and members of
the House of Representatives to assist Ministers in the performance of their
duties.
2. Where occasion arises for making an appointment while Parliament is dissolved,
a person who was a Senator or a member of the House of Representatives
immediately before the dissolution may be appointed as a Parliamentary
Secretary.
3. The office of a Parliamentary Secretary shall become vacant

a. where for any reason other than a dissolution of Parliament he ceases to be
a member of the House from among the members of which he was
appointed;

b. upon the appointment or re-appointment of any person as Prime Minister;
or

c. where the President, acting in accordance with the advice of the Prime
Minister, so directs.
83. Leader of the Opposition

1. There shall be an office of Leader of the Opposition and appointments thereto
shall be made by the President.
2. The President shall, if the person concerned is willing to be appointed, appoint as
Leader of the Opposition the member of the House of Representatives who, in
his judgment is best able to command the support of the greatest number of
members of the House of Representatives who do not support the Government.
3. The office of Leader of the Opposition shall become vacant where

a. he resigns his office;


b. the holder thereof ceases to be a member of the House of Representatives
for any cause other than a dissolution of Parliament;

c. he is not a member of the House of Representatives when the House of
Representatives first meets after a dissolution of Parliament;

d. by virtue of section 49(3) he is required to cease to exercise his functions as
a member of the House of Representatives;

e. he is appointed to the office of Prime Minister; or

f. his appointment is revoked under the provisions of subsection (4).
4. Where in the judgment of the President, the Leader of the Opposition is no
longer the member of the House of Representatives best able to command the
support of a majority of those members of the House of Representatives who do
not support the Government, the President shall revoke the appointment of the
Leader of the Opposition.
5. Nothing in subsection (4) shall apply while Parliament is dissolved.
6. Where the office of Leader of the Opposition is vacant, whether because there is
no member of the House of Representatives so qualified for appointment or
because no one qualified for appointment is willing to be appointed, or because
the Leader of the Opposition has resigned his office or for any other reason, any
provision in this Constitution requiring consultation with the Leader of the
Opposition shall, in so far as it requires such consultation, be of no effect.
Oaths to abide by constitution 84. Oaths to be taken by Ministers, etc

A Minister or a Parliamentary Secretary shall not enter upon the duties of his office
unless he has taken and subscribed the oath of allegiance and oath for the due
execution of his office.
85. Permanent Secretaries

1. Where any Minister has been assigned responsibility for any department of
government, he shall exercise general direction and control over that
department; and, subject to such direction and control the department shall be
under the supervision of a Permanent Secretary whose office shall be a public
office.
2. For the purposes of this section:

a. two or more government departments may be placed under the
supervision of one Permanent Secretary; or

b. two or more Permanent Secretaries may supervise any department of
government assigned to a Minister.
86. Constitution of offices, etc

Subject to the provisions of this Constitution and of any enactment, the President
may constitute offices for Trinidad and Tobago, make appointments to any such
office and terminate any such appointment.

87. Power of pardon, etc

Power to pardon 1. The President may grant to any person a pardon, either free or subject to lawful
conditions, respecting any offences that he may have committed. The power of
the President under this subsection may be exercised by him either before or
after the person is charged with any offence and before he is convicted thereof.
2. The President may

a. grant to any person convicted of any offence against the law of Trinidad
and Tobago a pardon, either free or subject to lawful conditions;

b. grant to any person a respite, either indefinite or for a specified period,
from the execution of any punishment imposed on that person for such an
offence;

c. substitute a less severe form of punishment for that imposed by any
sentence for such an offence; or

d. remit the whole or any part of any sentence passed for such an offence or
any penalty or forfeiture otherwise due to the State on account of such an
offence.
3. The power of the President under subsection (2) may be exercised by him in
accordance with the advice of a Minister designated by him, acting in
accordance with the advice of the Prime Minister.
88. Advisory Committee on power of pardon

There shall be an Advisory Committee on the Power of Pardon which shall consist
of

a. the Minister referred to in section 87(3) who shall be Chairman;

b. the Attorney General;

c. the Director of Public Prosecutions;

d. not more than four other members appointed by the President, after
consultation with the Prime Minister and the Leader of the Opposition.
89. Functions of Advisory Committee

1. Where an offender has been sentenced to death by any court for an offence
against the law of Trinidad and Tobago, the Minister shall cause a written report
of the case from the trial judge, together with such other information derived
from the record of the case or elsewhere as the Minister may require, to be
taken into consideration at a meeting of the Advisory Committee.
2. The Minister may consult with the Advisory Committee before tendering any
advice to the President under section 87(3) in any case not falling within
subsection (1).
3. The Minister shall not be obliged in any case to act in accordance with the advice
of the Advisory Committee.
4. The Advisory Committee may regulate its own procedure.

5. In this section the Minister means the Minister referred to in section 87(3).
CHAPTER 6: THE DIRECTOR OF PUBLIC

PROSECUTIONS AND THE OMBUDSMAN
PART 1: Director of Public Prosecutions
90. Appointment, tenure and functions

1. The provisions of this section shall, subject to section 76(2) have effect with
respect to the conduct of prosecutions.
2. There shall be a Director of Public Prosecutions for Trinidad and Tobago whose
office shall be a public office.
3. The Director of Public Prosecutions shall have power in any case in which he
considers it proper to do so

a. to institute and undertake criminal proceedings against any person before
any court in respect of any offence against the law of Trinidad and Tobago;

b. to take over and continue any such criminal proceedings that may have
been instituted by any other person or authority;

c. to discontinue at any stage before judgment is delivered any such criminal
proceedings instituted or undertaken by himself or any other person or
authority.
4. The powers conferred upon the Director of Public Prosecutions by subsection
(3)(b) and (c) shall be vested in him to the exclusion of the person or authority
who instituted or undertook the criminal proceedings, except that a person or
authority that has instituted criminal proceedings may withdraw them at any
stage before the person against whom the proceedings have been instituted has
been charged before the Court.
5. For the purposes of this section a reference to criminal proceedings includes an
appeal from the determination of any court in criminal proceedings or a case
stated or a question of law reserved in respect of those proceedings.
6. The functions of the Director of Public Prosecutions under subsection (3) may
be exercised by him in person or through other persons acting under and in
accordance with his general or special instructions.
Ombudsman PART 2: Ombudsman
91. Appointment and conditions of office

1. There shall be an Ombudsman for Trinidad and Tobago who shall be an officer of
Parliament and who shall not hold any other office of emolument whether in the
public service or otherwise nor engage in any occupation for reward other than
the duties of his office.
2. The Ombudsman shall be appointed by the President after consultation with the
Prime Minister and the Leader of the Opposition.

3. The Ombudsman shall hold office for a term not exceeding five years and is
eligible for re-appointment.
4. Subject to subsection (3) the Ombudsman shall hold office in accordance with
section 136.
5. Before entering upon the duties of his office, the Ombudsman shall take and
subscribe the oath of office before the Speaker of the House of Representatives.
92. Appointment of staff of Ombudsman

1. The Ombudsman shall be provided with a staff adequate for the efficient
discharge of his functions.
2. The staff of the Ombudsman shall be public officers appointed in accordance
with section 121(8).
93. Functions of Ombudsman

1. Subject to this section and to sections 94 and 95 the principal function of the
Ombudsman shall be to investigate any decision or recommendation made,
including any advice given or recommendation made to a Minister, or any act
done or omitted by any department of Government or any other authority to
which this section applies, or by officers or members of such a department or
authority, being action taken in exercise of the administrative functions of that
department or authority.
2. The Ombudsman may investigate any such matter in any of the following
circumstances

a. where a complaint is duly made to the Ombudsman by any person alleging
that the complainant has sustained an injustice as a result of a fault in
administration;

b. where a member of the House of Representatives requests the
Ombudsman to investigate the matter on the ground that a person or body
of persons specified in the request has or may have sustained such
injustice;

c. in any other circumstances in which the Ombudsman considers that he
ought to investigate the matter on the ground that some person or body of
persons has or may have sustained such injustice.
3. The authorities other than departments of Government to which this section
applies are

a. local authorities or other bodies established for purposes of the public
service or of local Government;

b. authorities or bodies the majority of whose members are appointed by the
President or by a Minister or whose revenues consist wholly or mainly of
moneys provided out of public funds;

c. any authority empowered to determine the person with whom any contract
shall be entered into by or on behalf of Government;

d. such other authorities as may be prescribed.

94. Restrictions on matters for investigation

1. In investigating any matter leading to, resulting from or connected with the
decision of a Minister, the Ombudsman shall not inquire into or question the
policy of the Minister in accordance with which the decision was made.
2. The Ombudsman shall have power to investigate complaints of administrative
injustice under section 93 notwithstanding that such complaints raise questions
as to the integrity or corruption of the public service or any department or office
of the public service, and may investigate any conditions resulting from, or
calculated to facilitate or encourage corruption in the public service, but he shall
not undertake any investigation into specific charges of corruption against
individuals.
3. Where in the course of an investigation it appears to the Ombudsman that there
is evidence of any corrupt act by any public officer or by any person in
connection with the public service, he shall report the matter to the appropriate
authority with his recommendation as to any further investigation he may
consider proper.
4. The Ombudsman shall not investigate

a. any action in respect of which the complainant has or had

i. a remedy by way of proceedings in a court; or

ii. a right of appeal, reference or review to or before an independent and
impartial tribunal other than a court; or

b. any such action, or action taken with respect to any matter, as is described
in the Third Schedule.
5. Notwithstanding subsection (4) the Ombudsman

a. may investigate a matter notwithstanding that the complainant has or had
a remedy by way of proceedings in a court if satisfied that in the particular
circumstances it is not reasonable to expect him to take or to have taken
such proceedings;

b. is not in any case precluded from investigating any matter by reason only
that it is open to the complainant to apply to the High Court for redress
under section 14 (which relates to redress for contravention of the
provisions for the protection of fundamental rights).
95. Discretion of Ombudsman

In determining whether to initiate, continue or discontinue an investigation, the
Ombudsman shall, subject to sections 93 and 94 act in his discretion and, in
particular and without prejudice to the generality of this discretion, the Ombudsman
may refuse to initiate or may discontinue an investigation where it appears to him
that

a. a complaint relates to action of which the complainant has knowledge for
more than twelve months before the complaint was received by the
Ombudsman;


b. the subject matter of the complaint is trivial;

c. the complaint is frivolous or vexatious or is not made in good faith; or

d. the complainant has not a sufficient interest in the subject matter of the
complaint.
96. Report on investigation

1. Where a complaint or request for an investigation is duly made and the
Ombudsman decides not to investigate the matter or where he decides to
discontinue an investigation of the matter, he shall inform the person who made
the complaint or request of the reasons for his decision.
2. Upon the completion of an investigation the Ombudsman shall inform the
department of government or the authority concerned of the results of the
investigation and if he is of the opinion that any person has sustained an
injustice in consequence of a fault in administration, he shall inform the
department of government or the authority of the reasons for his opinion and
make such recommendations as he thinks fit. The Ombudsman may in his
original recommendations, or at any later stage if he thinks fit, specify the time
within which the injustice should be remedied.
3. Where the investigation is undertaken as a result of a complaint or request, the
Ombudsman shall inform the person who made the complaint or request of his
findings.
4. Where the matter is in the opinion of the Ombudsman of sufficient public
importance or where the Ombudsman has made a recommendation under
subsection (2) and within the time specified by him no sufficient action has been
taken to remedy the injustice, then, subject to such provision as may be made by
Parliament, the Ombudsman shall lay a special report on the case before
Parliament.
5. The Ombudsman shall make annual reports on the performance of his functions
to Parliament which shall include statistics in such form and in such detail as may
be prescribed of the complaints received by him and the results of his
investigations.
97. Power to obtain evidence

1. The Ombudsman shall have the powers of the High Court to summon witnesses
to appear before him and to compel them to give evidence on oath and to
produce documents relevant to the proceedings before him and all persons
giving evidence at those proceedings shall have the same duties and liabilities
and enjoy the same privileges as in the High Court.
2. The Ombudsman shall have power to enter and inspect the premises of any
department of government or any authority to which section 93 applies, to call
for, examine and where necessary retain any document kept on such premises
and there to carry out any investigation in pursuance of his functions.
98. Prescribed matters concerning Ombudsman

1. Subject to subsection (2), Parliament may make provision

a. for regulating the procedure for the making of complaints and requests to
the Ombudsman and for the exercise of the functions of the Ombudsman;


b. for conferring such powers on the Ombudsman and imposing such duties
on persons concerned as are necessary to facilitate the Ombudsman in the
performance of his functions; and

c. generally for giving effect to the provisions of this Part.
2. The Ombudsman may not be empowered to summon a Minister or a
Parliamentary Secretary to appear before him or to compel a Minister or a
Parliamentary Secretary to answer any questions relating to any matter under
investigation by the Ombudsman.
3. The Ombudsman may not be empowered to summon any witness to produce
any Cabinet papers or to give any confidential income tax information.
4. No complainant may be required to pay any fee in respect of his complaint or
request or for any investigation to be made by the Ombudsman.
5. No proceedings, civil or criminal, may lie against the Ombudsman, or against any
person holding an office or appointment under him for anything he may do or
report or say in the course of the exercise or intended exercise of the functions
of the Ombudsman under this Constitution, unless it is shown that he acted in
bad faith.
6. The Ombudsman, and any person holding office or appointment under him may
not be called to give evidence in any Court, or in any proceedings of a judicial
nature, in respect of anything coming to his knowledge in the exercise of his
functions.
7. Anything said or any information supplied or any document, paper, or thing
produced by any person in the course of any enquiry by or proceedings before
an Ombudsman under this Constitution is privileged in the same manner as if
the enquiry or proceedings were proceedings in a Court.
8. No proceeding of the Ombudsman may be held bad for want of form, and, except
on the ground of lack of jurisdiction, no proceeding or decision of an
Ombudsman is liable to be challenged, reviewed, quashed or called in question
in any Court.
CHAPTER 7: THE JUDICATURE
PART 1: The Supreme Court
Structure of the courts 99. Establishment of Supreme Court

There shall be a Supreme Court of Judicature for Trinidad and Tobago consisting of a
High Court of Justice (hereinafter referred to as the High Court) and a Court of
Appeal with such jurisdiction and powers as are conferred on those Courts
respectively by this Constitution or any other law.
Structure of the courts 100. Constitution of High Court

1. The Judges of the High Court shall be the Chief Justice who shall be ex officio a
Judge of that Court, and such number of Puisne Judges as may be prescribed.
2. The High Court shall be a superior court of record and save as otherwise
provided by Parliament, shall have all the powers of such a court, including all
such powers as are vested in the Supreme Court of Trinidad and Tobago
immediately before the commencement of this Constitution.

The Court of Appeal
Structure of the courts 101. Constitution of Court of Appeal

1. The Judges of the Court of Appeal shall be the Chief Justice who shall be the
President of the Court of Appeal and such number of Justices of Appeal as may
be prescribed.
2. The Court of Appeal shall be a superior court of record and, save as otherwise
provided by Parliament, shall have all the powers of such a court.
Supreme court selection 102. Appointment of Chief Justice

The Chief Justice shall be appointed by the President after consultation with the
Prime Minister and the Leader of the Opposition.
103. Acting appointments as Chief Justice

Where the office of Chief Justice is vacant or where the Chief Justice is for any
reason unable to perform the functions of his office, then, until a person has been
appointed to and has assumed the functions of such office or until the Chief Justice
has resumed those functions, as the case may be, those functions shall be performed
by such other of the Judges as may be appointed by the President, after consultation
with the Prime Minister and the Leader of the Opposition.
Appointment of Judges
Supreme court selection 104. Appointment of Justices of Appeal and Puisne Judges
Ordinary court selection 1. The Judges, other than the Chief Justice, shall be appointed by the President,
acting in accordance with the advice of the Judicial and Legal Service
Commission.
2. Where

a. the office of any such Judge is vacant;

b. any such Judge is for any reason unable to perform the functions of his
office;

c. any such Judge is acting as Chief Justice or a Puisne Judge is acting as a
Justice of Appeal; or

d. the Chief Justice advises the President that the state of business of the
Court of Appeal or the High Court so requires,
the President acting in accordance with the advice of the Judicial and Legal
Service Commission

i. may appoint a person to act in the office of Justice of Appeal or Puisne
Judge, as the case may require;


ii. may, notwithstanding section 136, appoint a person who has held office as
a Judge and who has attained the age of 65 to be temporarily a Puisne
Judge for fixed periods of not more than two years.
3. The appointment of any person under subsection (2) to act in the office of
Justice of Appeal or Puisne Judge shall continue to have effect until it is revoked
by the President, acting in accordance with the advice of the Judicial and Legal
Service Commission.
Eligibility for supreme court judges

Eligibility for ordinary court judges
105. Qualification of Judges
A person shall not be appointed as a Judge or to act as a Judge unless he has such
qualifications for appointment as may be prescribed.
106. Tenure of office

1. Subject to section 104(3) a Judge shall hold office in accordance with sections
136 and 137.
2. No office of Judge shall be abolished while there is a substantive holder of that
office.
Oaths to abide by constitution 107. Oaths to be taken by Judges

A Judge shall not enter upon the duties of his office unless he has taken and
subscribed the oath of allegiance and the oath for the due execution of his office set
out in the First Schedule.
Constitutional interpretation 108. Appeals on Constitutional questions and fundamental

rights, etc
An appeal to the Court of Appeal shall be as of right from decisions of the High Court
in the following, among other cases, that is to say

a. any order or decision in any civil or criminal proceedings on questions as to
the interpretation of this Constitution;

b. any order or decision given in exercise of the jurisdiction conferred on the
High Court by section 14 (which relates to redress for contravention of the
provisions for the protection of fundamental rights);

c. any order or decision given in the determination of any of the questions for
the determination of which a right of access to the High Court is
guaranteed by sections 4(a) and 5(1);

d. any order or decision of the High Court granting or refusing leave to
institute proceedings for the determination of any question referred to it
under section 52 or determining any such question (which relates to the
appointment, qualification, election or membership of a Senator or a
member of the House of Representatives, as the case may be);

e. any order or decision of a Court in the exercise of its jurisdiction to punish
for contempt of court, including criminal contempt.

PART 2: Appeals to the Judicial Committee
Structure of the courts 109. Appeals from Court of Appeal to the Judicial
Committee
1. An appeal shall lie from decisions of the Court of Appeal to the Judicial
Committee as of right in the following cases

a. final decisions in civil proceedings where the matter in dispute on the
appeal to the Judicial Committee is of the value of fifteen hundred dollars
or upwards or where the appeal involves directly or indirectly a claim to or
question respecting property or a right of the value of fifteen hundred
dollars or upwards;

b. final decisions in proceedings for dissolution or nullity of marriage;

c. final decisions in any civil, criminal or other proceedings which involve a
question as to the interpretation of this Constitution; and

d. except in cases falling under section 108(d), any case referred to in that
section;

e. final decisions in disciplinary matters under section 81(3) to (5) of the
Supreme Court of Judicature Act, 1962 and under the Solicitors Ordinance;

f. such other cases as may be prescribed.
2. An appeal shall lie from decisions of the Court of Appeal to the Judicial
Committee with the leave of the Court of Appeal in the following cases

a. decisions in any civil proceedings; where in the opinion of the Court of
Appeal the question involved in the appeal is one that, by reason of its great
general or public importance or otherwise, ought to be submitted to the
Judicial Committee; and

b. such other cases as may be prescribed.
3. An appeal shall lie to the Judicial Committee with the special leave of the
Judicial Committee from decisions of the Court of Appeal in any civil or criminal
matter in any case in which, immediately before the date on which Trinidad and
Tobago became a Republic, an appeal could have been brought with the special
leave of Her Majesty to Her Majesty in Council from such decisions.
4. Subsections (1), (2) and (3) are subject to the provisions of sections 32(2) and
52(4).
5. Subject to this section, provision may be made by or under any Act regulating
the procedure to be adopted by the Court of Appeal with respect to any appeal
to the Judicial Committee under this section or by parties to any such appeal.
6. Any decision given by the Judicial Committee in any appeal under this section
shall be enforced in like manner as if it were a decision of the Court of Appeal.
7. Subject to subsection (6) the Judicial Committee shall, in relation to any appeal
to it under this section in any case, have all the jurisdiction and powers
possessed in relation to that case by the Court of Appeal.

PART 3: Judicial and Legal Service Commission
Establishment of judicial council 110. Judicial and Legal Service Commission

1. There shall be a Judicial and Legal Service Commission for Trinidad and Tobago.
2. The members of the Judicial and Legal Service Commission shall be

a. the Chief Justice, who shall be Chairman;

b. the Chairman of the Public Service Commission;

c. such other members (hereinafter called the appointed members) as may
be appointed in accordance with subsection (3).
3. The appointed members shall be appointed by the President after consultation
with the Prime Minister and the Leader of the Opposition as follows:

a. one, 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 appeal from any such
court;

b. two from among persons with legal qualifications at least one of whom is
not in active practice as such, after the President has consulted with such
organisations, if any, as he thinks fit.
4. Subject to section 126(3)(a) an appointed member shall hold office in
accordance with section 136.
Establishment of judicial council 111. Appointment of Judicial officers, etc

1. Subject to the provisions of this section, power to appoint persons to hold or act
in the offices to which this section applies, including power to make
appointments on promotion and transfer and to confirm appointments, and to
remove and exercise disciplinary control over persons holding or acting in such
offices shall vest in the Judicial and Legal Service Commission.
2. Before the Judicial and Legal Service Commission makes any appointment to the
offices of Solicitor General, Chief Parliamentary Counsel, Director of Public
Prosecutions, Registrar General or Chief State Solicitor it shall consult with the
Prime Minister.
3. A person shall not be appointed to any such office if the Prime Minister signifies
to the Judicial and Legal Service Commission his objection to the appointment of
that person to that office.
4. This section applies to such public offices as may be prescribed, for appointment
to which persons are required to possess legal qualifications.

CHAPTER 8: FINANCE
112. Establishment of Consolidated Fund

1. All revenues or other moneys raised or received by Trinidad and Tobago, not
being revenues or other moneys payable under this Constitution or any other
law into some other public fund established for a specific purpose shall, unless
Parliament otherwise provides, be paid into and form one Consolidated Fund.
2. No moneys shall be withdrawn from the Consolidated Fund except to meet
expenditure that is charged upon the Fund by this Constitution or any Act or
where the issue of those moneys has been authorised by an Appropriation Act
or an Act passed in pursuance of section 114 or in accordance with any other
law.
3. No moneys shall be withdrawn from any public fund other than the
Consolidated Fund unless the issue of those moneys has been authorised by an
Act.
4. No moneys shall be withdrawn from the Consolidated Fund or any other public
fund except in the manner prescribed.
Budget bills 113. Authorisation of expenditure from Consolidated Fund

1. The Minister responsible for finance shall cause to be prepared and laid before
the House of Representatives before or not later than thirty days after the
commencement of each financial year estimates of the revenues and
expenditure of Trinidad and Tobago for that year.
2. The heads of expenditure contained in the estimates, other than expenditure
charged upon the Consolidated Fund by this Constitution or any Act shall be
included in a Bill, to be known as an Appropriation Bill providing for the issue
from the Consolidated Fund of the sums necessary to meet that expenditure,
and the appropriation of those sums for the purposes specified therein.
3. If in respect of any financial year it is found

a. that the amount appropriated by the Appropriation Act for any purpose is
insufficient or that a need has arisen for expenditure for a purpose for
which no amount has been appropriated by the Act; or

b. that any moneys have been expended for any purpose in excess of the
amount appropriated for the purpose by the Appropriation Act or for a
purpose for which no amount has been appropriated by the Act,
a supplementary estimate showing the sums required or spent shall be laid
before the House of Representatives and the heads of any such expenditure
shall be included in a Supplementary Appropriation Bill.
Budget bills 114. Authorisation of expenditure in advance of

appropriation
Parliament may make provision under which, if the Appropriation Act in respect of
any financial year has not come into operation by the beginning of that financial year,
the Minister responsible for finance may authorise the withdrawal of moneys from
the Consolidated Fund for the purpose of meeting expenditure necessary to carry on
the services of the Government until the expiration of thirty days from the beginning
of that financial year or the coming into operation of the Act, whichever is the earlier.

115. Contingencies Fund

1. Parliament may provide for the establishment of a Contingencies Fund and for
authorising the Minister responsible for finance, if he is satisfied that there has
arisen an urgent and unforeseen need for expenditure for which no other
provision exists, to make advances from the Fund to meet that need.
2. Where any advance is made in accordance with subsection (1) a supplementary
estimate shall be presented and a Supplementary Appropriation Bill shall be
introduced as soon as possible for the purposes of replacing the amount so
advanced.
116. Establishment of office and functions of Auditor

General
1. There shall be an Auditor General for Trinidad and Tobago, whose office shall be
a public office.
2. The public accounts of Trinidad and Tobago and of all officers, courts and
authorities of Trinidad and Tobago shall be audited and reported on annually by
the Auditor General, and for that purpose the Auditor General or any person
authorised by him in that behalf shall have access to all books, records, returns
and other documents relating to those accounts.
3. The Auditor General is hereby empowered to carry out audits of the accounts,
balance sheets and other financial statements of all enterprises that are owned
or controlled by or on behalf of the State.
4. The Auditor General shall submit his reports annually to the Speaker, the
President of the Senate and the Minister of Finance.
5. The President of the Senate and the Speaker shall cause the report to be laid
before the Senate and the House of Representatives, respectively, at the next
sitting of the Senate and the House of Representatives after the receipt thereof,
respectively.
6. In the exercise of his functions under this Constitution the Auditor General shall
not be subject to the direction or control of any other person or authority.
117. Auditor General

1. The Auditor General shall be appointed by the President after consultation with
the Prime Minister and the Leader of the Opposition and shall hold office in
2. Where the office of Auditor General is vacant or the holder of the office is for
any reason unable to perform the functions of his office the President after
consultation with the Prime Minister and the Leader of the Opposition may
appoint a person to act in the office, and any person so appointed shall, subject
to the provisions of subsection (4) continue to act until his appointment is
revoked by the President, after consultation with the Prime Minister and the
Leader of the Opposition.
3. Before entering upon the duties of his office the Auditor General shall take and
subscribe the oath of office before the President or a person appointed by the
President for the purpose.
4. Nothing done by the Auditor General shall be invalid by reason only that he has
attained the age at which he is required under section 136 to vacate his office.
5. The Auditor General shall be provided with a staff adequate for the efficient
discharge of his functions.
6. The staff of the Auditor General shall be public officers appointed in accordance
with section 121(8).

118. Public debt

1. The public debt of Trinidad and Tobago shall be secured on the revenues and
assets of Trinidad and Tobago.
2. In this section references to the public debt of Trinidad and Tobago include
references to the interest on that debt, sinking fund payments in respect of that
debt, and the cost, charges and expenses incidental to the management of that
debt.
119. Public Accounts Committees

1. There shall be a Public Accounts Committee which shall consist of not less than
six nor more than ten members.
2. The Chairman of the Public Accounts Committee shall be a member of the
Opposition in the House, if any, and if willing to act. The Chairman and other
members may comprise an equal number of members of the House of
Representatives and the Senate as the House of Representatives may
determine.
3. Where the members of the Opposition in the House of Representatives are
unwilling to act as Chairman of the Public Accounts Committee a member of the
Opposition in the Senate shall be appointed and where the members of the
Opposition in the Senate are unwilling so to act one of the Senators, appointed
by the President under section 40(2)(b) shall be appointed Chairman.
4. The Public Accounts Committee shall consider and report to the House of
Representatives on

a. appropriation accounts of moneys expended out of sums granted by
Parliament to meet the public expenditure of Trinidad and Tobago;

b. such other accounts as may be referred to the Committee by the House of
Representatives or as are authorised or required to be considered by the
committee under any other enactment; and

c. the report of the Auditor General on any such accounts.
5. In addition to the Public Accounts Committee established under subsection (1)
there shall be a Public Accounts (Enterprises) Committee which shall consist of
not less than six nor more than ten members.
6. The Chairman of the Public Accounts (Enterprises) Committee shall be one of
the Senators, if any, and if willing to act, appointed under section 40(2)(b) in
accordance with the advice of the Leader of the Opposition and the other
members such members of the House of Representatives and Senators as the
House of Representatives may determine.
7. Where the members of the Opposition in the Senate are unwilling to act as
Chairman of the Public Accounts (Enterprises) Committee, a member of the
Opposition in the House of Representatives shall be appointed and where the
members of the Opposition in the House of Representatives are unwilling so to
act, one of the Senators appointed by the President under section 40(2)(b) shall
be appointed Chairman.
8. The Public Accounts (Enterprises) Committee shall consider and report to the
House of Representatives on

a. the audited accounts, balance sheets and other financial statements of all
enterprises that are owned or controlled by or on behalf of the State; and


b. the Auditor Generals report on any such accounts, balance sheets and
other financial statements.
9. For the purposes of subsection (8) and section 116(3) an enterprise shall be
taken to be controlled by the State if the Government or any body controlled by
the Government

a. exercises or is entitled to exercise control directly or indirectly over the
affairs of the enterprise;

b. is entitled to appoint a majority of the directors of the Board of Directors of
the enterprise; or

c. holds at least fifty per cent of the ordinary share capital of the enterprise,
as the case may be.
CHAPTER 9: APPOINTMENTS TO, AND

TENURE OF OFFICES
PART 1: Service Commissions, etc
Public Service Commission
120. Public Service Commission

1. There shall be a Public Service Commission for Trinidad and Tobago which shall
consist of a Chairman, a Deputy Chairman and not less than two nor more than
four other members.
2. The members of the Public Service Commission shall be appointed by the
President, after consultation with the Prime Minister and the Leader of the
Opposition.
3. The members of the Public Service Commission shall hold office in accordance
with section 126.
121. Appointments, etc., of Public Officers

1. Subject to the provisions of this Constitution, power to appoint persons to hold
or act in offices to which this section applies, including power to make
appointments on promotion and transfer and to confirm appointments, and to
remove and exercise disciplinary control over persons holding or acting in such
offices [and to enforce standards of conduct on such officers] shall vest in the
Public Service Commission.
2. The Public Service Commission shall not remove, or inflict any punishment on a
public officer on the grounds of any act done or omitted to be done by that
officer in the exercise of a judicial function conferred upon him unless the
Judicial and Legal Service Commission concurs therein.
3. Before the Public Service Commission makes any appointment to an office to
which this subsection applies it shall consult the Prime Minister.

4. A person shall not be appointed to an office to which subsection (3) applies if the
Prime Minister signifies to the Public Service Commission his objection to the
appointment of that person to that office.
5. Subject to subsections (6) and (7), subsection (3) applies to the offices of
Permanent Secretary, Chief Technical Officer, Director of Personnel
Administration, to a head of a department of government, to the chief
professional adviser in a Ministry of government and to the office of Deputy to
any of these offices.
6. Power to make appointments on transfer to the following offices shall vest in
the Prime Minister:

a. any office of Permanent Secretary from one such office to another such
office carrying the same salary;

b. any office the holder of which is required to reside outside Trinidad and
Tobago for the proper discharge of his functions, and such offices in the
Ministry of External Affairs as may from time to time be designated by the
Prime Minister after consultation with the Public Service Commission.
7. This section applies to all public offices including in particular offices in the Civil
Service, the Fire Service and the Prison Service, but this section does not apply
to offices to which appointments are made by the Judicial and Legal Service
Commission, the Police Service Commission or the Teaching Service
Commission or offices to which appointments are to be made by the President.
8. Before the Public Service Commission makes any appointment to or transfers a
member of the staff of the Auditor General or Ombudsman it shall first consult
with the Auditor General or Ombudsman, as the case may be.
9. In subsection (7) Civil Service, Fire Service and Prison Service means
respectively the Civil Service established under the Civil Service Act, 1965, the
Fire Service established under the Fire Service Act, 1965 and the Prison Service
established under the Prison Service Act, 1965.
Police Service Commission
122. Police Service Commission

1. There shall be a Police Service Commission for Trinidad and Tobago which shall
consist of a Chairman and four other members.
2. The members of the Police Service Commission shall be appointed by the
President in accordance with this section.
3. The President shall, after consultation with the Prime Minister and Leader of the
Opposition nominate persons, who are qualified and experienced in the
disciplines of law, finance, sociology or management, to be appointed as
members of the Police Service Commission.
4. The President shall issue a Notification in respect of each person nominated for
appointment under subsection (3) and the Notification shall be subject to
affirmative resolution of the House of Representatives.
5. The President shall make an appointment under this section only after the
House of Representatives has approved the Notification in respect of the
relevant person.
6. The President may in his own discretion appoint a Chairman of the Police
Service Commission from among its members.
7. The Members of the Police Service Commission shall hold office in accordance
with section 126, other than subsections (4) and (5).

122A. Removal of members

1. The President shall, after consultation with the Prime Minister and the Leader of
the Opposition, terminate the appointment of a member of the Police Service
Commission, if the member

a. fails to attend four consecutive meetings without reasonable cause;

b. is convicted of a criminal offence which carries a penalty of six or more
months of imprisonment in any court;

c. becomes infirm in mind or body;

d. fails to perform his duties in a responsible or timely manner;

e. fails to absent himself from meetings of the Police Service Commission
where there is a conflict of interest;

f. demonstrates a lack of competence to perform his duties; or

g. misbehaves in office.
2. The President, in the exercise of his power under subsection (1)(d) to (g), may
consider the report of a Joint Select Committee and the Police Service
Commission laid in Parliament in furtherance of sections 66A(1)(e) and 66B
respectively.
3. A member of the Police Service Commission shall not be removed from office
except in accordance with this section.
123. Powers of the Police Service Commission

1. The Police Service Commission shall have the power to

a. appoint persons to hold or act in the office of Commissioner and Deputy
Commissioner of Police;

b. make appointments on promotion and to confirm appointments;

c. remove from office and exercise disciplinary control over persons holding
or acting in the offices specified in paragraph (a);

d. monitor the efficiency and effectiveness of the discharge of their functions;

e. prepare an annual performance appraisal report in such form as may be
prescribed by the Police Service Commission respecting and for the
information of the Commissioner or Deputy Commissioner of Police; and

f. hear and determine appeals from decisions of the Commissioner of Police,
or of any person to whom the powers of the Commissioner of Police have
been delegated in relation to appointments on promotion or, as a result of
disciplinary proceedings brought against a police officer appointed by the
Commissioner of Police.

2. The Police Service Commission shall nominate persons for appointment to the
offices specified in subsection (1)(a) and section 22(1) of the Police Service Act,
2006 in accordance with the criteria and procedure prescribed by Order of the
President, subject to negative resolution of Parliament.
3. The Police Service Commission shall submit to the President a list of the names
of the persons nominated for appointment to the offices of Commissioner or
Deputy Commissioner of Police.
4. The President shall issue a Notification in respect of each person nominated
under subsection (3) and the Notification shall be subject to affirmative
resolution of the House of Representatives.
5. The Police Service Commission shall appoint the Commissioner or Deputy
Commissioner of Police only after the House of Representatives approves the
Notification in respect of the relevant office.
6. For the purpose of subsection (1)(d)-

a. the Commissioner of Police shall, every six months, submit a report in
writing to the Police Service Commission on the management of the Police
Service; and

b. the Police Service Commission shall have the power to call on the
Commissioner of Police to produce documents pertaining to financial, legal
and personnel matters in relation to the Police Service.
7. Notwithstanding subsection (6), the Police Service Commission may, on its own
initiative, request a special report in writing from the Commissioner of Police at
any time on any matter relating to the management of the Police Service, to
which the Commissioner of Police shall respond in a timely manner.
8. The Police Service Commission may terminate the services of the Commissioner
or a Deputy Commissioner of Police on any of the following grounds:

a. where the officer is absent from duty without leave for seven consecutive
days, during which he has failed to notify the Police Service Commission of
the cause of his absence, whether he holds a permanent, temporary, or
contractual appointment;

b. breach of contract, where the officer is appointed on contract;

c. reported inefficiency based on his performance appraisal reports;

d. on dismissal in consequence of disciplinary proceedings, after giving him an
opportunity to be heard;

e. where the officer holds a permanent appointment-

i. on being retired on medical grounds;

ii. on being retired in the public interest; or

iii. on the abolition of office.
9. The procedure for the termination of the services of the Commissioner or a
Deputy Commissioner of Police shall be prescribed by the Police Service
Commission in accordance with section 129.

10. Notwithstanding section 132, no appeal shall lie to the Public Service Appeal
Board in respect of a decision made by the Police Service Commission under this
section.
123A. Powers of the Commissioner Police

1. Subject to section 123(1), the Commissioner of Police shall have the complete
power to manage the Police Service and is required to ensure that the human,
financial and material resources available to the Service are used in an efficient
and effective manner.
2. The Commissioner of Police shall have the power to

a. appoint persons to hold or act in an office in the Police Service, other than
an officer referred to in section 123(1)(a), including the power to make
appointments on promotion and to confirm appointments;

b. transfer any police officer; and

c. remove from office and exercise disciplinary control over police officers,
other than an officer referred to in section 123(1)(a).
3. The functions of the Commissioner of Police under this section may be exercised
by him in person or through any police officer of or above the rank of
Superintendent acting under and in accordance with his general or special
instructions.
4. In the performance of his functions under this section the Commissioner of
Police shall act in accordance with the Police Service Act, 2006 and the
regulations made thereunder.
Teaching Service Commission
124. Teaching Service Commission

1. There shall be a Teaching Service Commission for Trinidad and Tobago which
shall consist of a Chairman and not more than four other members.
2. The members of the Teaching Service Commission shall be appointed by the
President after consultation with the Prime Minister and the Leader of the
Opposition.
3. The members of the Teaching Service Commission shall hold office in
125. Appointment of teachers

Subject to the provisions of this Constitution, power to appoint persons to hold or
act in public offices in the Teaching Service, established under the Education Act,
1966, including power to make appointments on promotion and transfer and to
confirm appointments, and to remove and exercise disciplinary control over persons
holding or acting in such offices [and to enforce standards of conduct on such
officers] shall vest in the Teaching Service Commission.

General Provisions on Service Commissions
126. Qualifications, Tenure of office, etc

1. A person who

a. is a member of the House of Representatives or the Senate; or

b. holds or is acting in any public office or has held any public office within the
period of three years preceding his proposed appointment,
is not qualified to hold the office of member of a Service Commission.
2. A person who has held office or acted as a member of a Service Commission
shall not, within a period of three years commencing with the date on which he
last held or acted in such an office, be eligible for appointment to any public
office.
3. The office of a member of a Service Commission shall become vacant

a. upon the expiration of five years from the date of his appointment or such
shorter period, not being less than three years, as may be specified at the
time of his appointment; or

b. where with his consent he is nominated for election to the House of
Representatives or where he is appointed a Senator.
4. A member of a Service Commission, other than the Judicial and Legal Service
Commission, may be removed from office by the President acting in his
discretion for inability to discharge the functions of his office, whether arising
from infirmity of mind or body or any other cause, or for misbehaviour.
5. A member of a Service Commission may not be removed from office except in
accordance with the provisions of this section.
6. Before entering upon the duties of his office a member of a Service Commission
shall take and subscribe the oath of office before the President or a person
appointed by the President for the purpose.
127. Delegation of functions

1. A Service Commission may, with the approval of the Prime Minister and subject
to such conditions as it may think fit, delegate any of its functions [deleted] other
than any power conferred on the Commission by section 129, to any of its
members or

a. in the case of the Judicial and Legal Service Commission, to a Judge;

b. in the case of

i. the Public Service Commission, to any public officer or in respect of the
Regional Health Authorities to the Boards of the Regional Health
Authorities established under section 4 of the Regional Health
Authorities Act;

ii. the Teaching Service Commission, to any public officer.


c. [deleted by Act No. 6 of 2006]
2. In this section and in section 129, as regards any matter concerning the holder of
any office referred to in section 121(5) or 123(3) a reference to public officer
includes a reference to a Judge as well as a retired public officer.
128. Consultation with other Service Commissions

Before a Service Commission appoints to an office a person holding or acting in any
office, power to make appointments to which is vested by this Constitution in
another Service Commission, it shall consult that other Commission.
129. Powers and procedure of Service Commissions and

protection from legal proceedings
1. Subject to subsection (3), a Service Commission may, with the consent of the
Prime Minister, by regulation or otherwise regulate its own procedure, including
the procedure for consultation with persons with whom it is required by this
Constitution to consult, and confer powers and impose duties on any public
officer or in the case of the holder of an office referred to in section 111(2), a
Judge or on any authority of the Government, for the purpose of the discharge
of its functions.
2. At any meeting of a Service Commission three members shall constitute a
quorum.
3. Repealed
4. No penalty may be imposed on any public officer except as a result of
disciplinary proceedings.
5. Notwithstanding subsection (4), where an officer is convicted of a criminal
charge in any court and the time allotted for an appeal has elapsed or, if the
officer has appealed, the appeal process has been completed or an order has
been made in the matter under section 71 of the Summary Courts Act, a Service
Commission may consider the relevant proceedings on such charge and if it is of
the opinion that the officer ought to be dismissed or subjected to some lesser
punishment in respect of the conduct which led to his conviction on the criminal
charge or to the making of the order, the Commission may thereupon dismiss or
otherwise punish the officer without the institution of any disciplinary
proceedings.
6. In furtherance of subsection (5)

a. a certificate of conviction issued by the court shall be sufficient evidence of
an officers conviction for an offence;

b. a certified copy of an order made under section 71 of the Summary Courts
Act shall be sufficient evidence of the commission by the officer of the
offence for which he was charged.
7. An officer referred to in subsection (5) shall be entitled to show cause why he
should not be dismissed from office.
8. A reference in subsection (5) to a Service Commission also includes a reference
to the Commissioner of Police, as the case may be.

PART 2: Public Service Appeal Board
130. Constitution of Appeal Board

1. There shall be a Public Service Appeal Board (hereinafter referred to as the
Appeal Board) to which appeals shall lie from such decisions against public
officers as are specified in section 132.
2. The Appeal Board shall consist of a Chairman appointed by the President after
consultation with the Chief Justice and two other members appointed by the
President after consultation with the Prime Minister and the Leader of the
Opposition.
2A. The Chairman shall be a Judge or former Judge or a citizen of Trinidad and
Tobago who has 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.
3. One member of the Appeal Board shall be a retired public officer.
131. Tenure of office, etc

1. Section 126 (which relates to qualifications for appointment, eligibility for public
office and the term and tenure of office of members of Service Commissions)
shall apply to members of the Public Service Appeal Board as they apply to
members of a Service Commission.
2. Before entering upon the duties of his office, a member of the Appeal Board
shall take and subscribe the oath of office before the President or a person
appointed by the President for the purpose.
132. Appeals in disciplinary cases

1. An appeal shall lie to the Public Service Appeal Board from any decision of a
Service Commission, or of any person to whom the powers of the Commission
have been delegated, as a result of disciplinary proceedings brought against a
public officer.
2. An appeal under subsection (1) shall lie to the Appeal Board at the instance of
the public officer in respect of whom the decision is made.
3. The Appeal Board may, where it considers it necessary that further evidence be
adduced

a. order such evidence to be adduced either before the Board or by affidavit;
or

b. refer the matter back to the relevant Service Commission to take such
evidence and

i. to adjudicate upon the matter afresh; or

ii. to report for the information of the Appeal Board specific findings of
fact.
3A. Where a matter is referred to a Service Commission under paragraph (b) of
subsection (3), the matter, so far as may be practicable or necessary, shall be
dealt with as if it were being heard at first instance.

3B. Upon the conclusion of the hearing of an appeal under this section, the Appeal
Board may

a. affirm, modify or amend the decision appealed against; or

b. set aside the decision; or

c. substitute any other decision which the Service Commission could have
made.
4. Every decision of the Appeal Board shall require the concurrence of the majority
of its members.
5. The Appeal Board may by regulations make provision for

a. procedure of its own; and

b. the procedure in appeals under this section.
6. With the consent of the Prime Minister, the Appeal Board may by regulation or
otherwise confer powers and impose duties on any public officer or any
authority of the Government of Trinidad and Tobago for the purpose of the
exercise of the functions of the Appeal Board.
7. This section and sections 130 and 131 shall be, in addition to and not in
derogation of any other provisions for review of the decision of any Service
Commission.
Pensions
133. Protection of pension rights

1. Subject to section 134 the law applicable to any benefits to which this section
applies shall, in relation to any person who has been granted or who is eligible
for the grant of such benefits, be that in force on the relevant date or any later
law that is not less favourable to that person.
2. In this section, the relevant date means

a. in relation to any benefits granted before the commencement of this
Constitution the date prescribed by section 100 of the former Constitution;

b. in relation to any benefits granted or to be granted on or after the
commencement of this Constitution to or in respect of any person who was
a public officer before that date, the commencement of this Constitution;

c. in relation to any benefits granted or to be granted to or in respect of any
person who becomes a public officer on or after the commencement of this
Constitution the date on which he becomes a public officer.
3. Where a person is entitled to exercise an option as to which of two or more laws
shall apply in his case, the law specified by him in exercising the option shall, for
the purposes of this section be deemed to be more favourable to him that the
other law or laws.
4. Any benefit to which this section applies, not being a benefit that is a charge on
some other public fund of Trinidad and Tobago, shall be a charge on the
Consolidated Fund.

5. A reference in this section to the law applicable to any benefits includes, without
prejudice to the generality of the expression, a reference to any law relating to
the time at which and the manner in which any person may retire in order to
become eligible for those benefits.
6. For the purposes of this section, service as President or as a Judge shall be
deemed to be public service.
7. This section applies to any benefits payable under any law providing for the
grant of pensions, gratuities or compensation to persons who are or have been
public officers in respect of their service in the public service, or to the widows,
children, dependants or personal representatives of such persons in respect of
such service.
134. Powers of Commissions in relation to grant of

pensions, etc
1. Where under any law an authority has power to withhold, reduce in amount or
suspend any benefits to which this section applies, that power shall not be
exercised without the approval specified in subsection (2), (3) or (3A).
2. Subject to subsection (3A), where a person who has been granted benefits, or
who is eligible for benefits, in respect of public service was at the time he ceased
to be a public officer subject to the jurisdiction of the Judicial and Legal Service
Commission, the Police Service Commission or the Teaching Service
Commission, the power referred to in subsection (1) shall not be exercised with
respect to those benefits without the approval of that Commission.
3. Subject to subsection (3A), where a person who has been granted benefits, or
who is eligible for benefits, in respect of public service, was not at the time he
ceased to be a public officer subject to the jurisdiction of the Judicial and Legal
Service Commission, the Police Service Commission, or the Teaching Service
Commission, the power referred to in subsection (1) shall not be exercised
without the approval of the Public Service Commission.
3A. Where a person, who is eligible for benefits in respect of public service, was at
the time he ceased to be a public officer subject to the jurisdiction of the
Commissioner of Police, the power referred to in subsection (1) with respect to
those benefits shall not be exercised without the approval of the Commissioner.
4. No benefits to which this section applies that have been granted to or in respect
of any person who is or has been the holder of an office referred to in section
136(12) to (16) or for which any such person or his widow, children, dependants
or his personal representatives may be eligible, shall be withheld, reduced in
amount or suspended on the ground that that person has been guilty of
misbehaviour, unless that person has been removed from his office under this
Constitution by reason of such misbehaviour.
5. For the purposes of this section, service as a Judge, shall be deemed to be public
service.
6. This section applies to any benefits payable under any law providing for the
grant of pensions, gratuities or compensation to persons who are or have been
public officers in respect of their service in the public service or to the widows,
children or personal representatives of such persons in respect of such service.

Special Offices
135. Appointments of principal representatives of Trinidad

and Tobago
1. The President acting in accordance with the advice of the Prime Minister shall
have power to appoint persons to the offices to which this section applies and to
remove persons from any such office.
2. Before tendering any advice for the purposes of this section in relation to any
person who holds or is acting in any public office other than an office to which
this section applies, the Prime Minister shall consult the appropriate Service
Commission.
3. This section applies to the office of

a. Ambassador or High Commissioner; and

b. any principal representative of Trinidad and Tobago in any other country.
136. Tenure of special offices

Mandatory retirement age for judges 1. The holder of an office to which this subsection and subsections (3) to (11) apply
(in this section referred to as the officer) shall vacate his office on attaining the
age of sixty-five years or such other age as may be prescribed.
2. Notwithstanding that he has attained the age at which he is required by or under
subsection (1) to vacate his office, a Judge may, with the permission of the
President, acting in accordance with the advice of the Chief Justice, continue in
office for such period after attaining that age as may be necessary to enable him
to deliver judgment or to do any other thing in relation to proceedings that were
commenced before him before he attained that age.
3. Nothing done by the officer shall be invalid by reason only that he has attained
the age at which he is required under this section to vacate his office.
4. The officer shall vacate his office if with his consent, he is appointed a Senator or
nominated for election to the House of Representatives.
5. The salaries and allowances payable to the holders of the offices to which
subsection (1) and subsections (3) to (11) apply or an office referred to in
subsections (13) to (16) shall be a charge on the Consolidated Fund.
Protection of judges' salaries 6. The salary and allowances payable to the holder of any office to which
subsection (1) and subsections (3) to (11) apply or an office referred to in
subsections (13) to (16) and his other terms of service shall not be altered to his
disadvantage after his appointment and for the purposes of this subsection, in so
far as the terms of service of any person depend upon the option of that person,
the terms for which he opts shall be taken to be more advantageous to him than
any other terms for which he might have opted.
7. The officer may be removed from office only for inability to discharge the
functions of his office whether arising from infirmity of mind or body or any
other cause, or for misbehaviour and shall not be so removed except in
accordance with the provisions of subsection (10).
8. A decision that the question of removing the officer from office ought to be
investigated may be made at any time

a. in the case of the Ombudsman by resolution of the House of
Representatives; and


b. in any other case by the President either on his own initiative or upon the
representation of the Prime Minister.
9. Where a decision is made under subsection (8) that the question of removing the
officer from office ought to be investigated, then

a. the President shall appoint a Tribunal which shall consist of a Chairman and
not less than two other members all of whom shall be selected by the
President acting in accordance with the advice of the Judicial and Legal
Service Commission 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

b. the Tribunal shall inquire into the matter and report on the facts to the
President and advise the President whether the officer ought to be
removed from office on any of the grounds specified in subsection (7).
10. Where the question of removing the officer from office is referred to a Tribunal
appointed under subsection (9) and the Tribunal advises the President that the
officer ought to be removed from office, the President shall, by writing signed by
him, remove the officer from office.
11. Where the question of removing the officer from office has been referred to a
Tribunal under subsection (9), the President, after consultation with the Judicial
and Legal Service Commission, may suspend the officer from performing the
functions of his office and any such suspension may at any time be revoked by
the President and shall in any case cease to have effect if the Tribunal advises
the President that the officer ought not to be removed from office.
12. Subsection (1) and subsections (3) to (11) apply to the office of Auditor General
and to such other offices as may be prescribed.
13. Subsections (1) to (6) apply to the office of Judge.
14. Subsection (1) and subsections (3) to (6) apply to the office of Director of Public
Prosecutions, Chief Parliamentary Counsel and Solicitor General.
15. Subsections (5) to (11) apply to the office of Ombudsman, a member of the
Elections and Boundaries Commission, a member of the Integrity Commission, a
member of a Service Commission other than the Police Service Commission, a
member of the Salaries Review Commission and to such other offices as may be
prescribed.
16. Subsections (5) and (6) apply to the Police Service Commission and the office of
President.
Supreme/ordinary court judge removal 137. Removal from office of Judge

1. A Judge may be removed from office only for inability to perform the functions
of his office, (whether arising from infirmity of mind or body or any other cause),
or for misbehaviour, and shall not be so removed except in accordance with the
provisions of this section.
2. A Judge shall be removed from office by the President where the question of
removal of that Judge has been referred by the President to the Judicial
Committee and the Judicial Committee has advised the President that the Judge
ought to be removed from office for such inability or for misbehaviour.

3. Where the Prime Minister, in the case of the Chief Justice, or the Judicial and
Legal Service Commission, in the case of a Judge, other than the Chief Justice,
represents to the President that the question of removing a Judge under this
section ought to be investigated, then

a. the President shall appoint a tribunal, which shall consist of a chairman and
not less than two other members, selected by the President, acting in
accordance with the advice of the Prime Minister in the case of the Chief
Justice or the Prime Minister after consultation with the Judicial and Legal
Service Commission in the case of a Judge, 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;

b. the tribunal shall enquire into the matter and report on the facts thereof to
the President and recommend to the President whether he should refer the
question of removal of that Judge from office to the Judicial Committee;
and

c. where the tribunal so recommends, the President shall refer the question
accordingly.
4. Where the question of removing a Judge from office has been referred to a
tribunal under subsection (3), the President, acting in accordance with the
advice of the Prime Minister in the case of the Chief Justice or the Chief Justice
in the case of a Judge, other than the Chief Justice, may suspend the Judge from
performing the functions of his office, and any such suspension may at any time
be revoked by the President, acting in accordance with the advice of the Prime
Minister in the case of the Chief Justice or the Chief Justice in the case of a
Judge, other than the Chief Justice, and shall in any case cease to have effect

a. where the tribunal recommends to the President that he should not refer
the question of removal of the Judge from office to the Judicial Committee;
or

b. where the Judicial Committee advises the President that the Judge ought
not to be removed from office.
CHAPTER 10: THE INTEGRITY

COMMISSION
Counter corruption commission 138. The Integrity Commission

1. There shall be an Integrity Commission (in this section and in section 139
referred to as the Commission) for Trinidad and Tobago consisting of such
number of members, qualified and appointed in such manner and holding office
upon such tenure as may be prescribed.

2. The Commission shall be charged with the duty of

a. receiving from time to time, declarations in writing of the assets, liabilities
and income of members of the House of Representatives, Ministers of
Government, Parliamentary Secretaries, [Senators, Judges, Magistrates,
Permanent Secretaries, Chief Technical Officers, Members of the Tobago
House of Assembly, Members of Municipalities, Members of Local
Government Authorities and members of the Boards of all Statutory
Bodies, State Enterprises and the holders of such other offices as may be
prescribed;

b. the supervision of all matters connected therewith as may be prescribed;

c. the supervision and monitoring of standards of ethical conduct prescribed
by Parliament to be observed by the holders of offices referred to in
paragraph (a), as well as [deleted] members of the Diplomatic Service,
Advisers to the Government and any person appointed by a Service
Commission or the Statutory Authorities Service Commission;

d. the monitoring and investigating of conduct, practices and procedures
which are dishonest or corrupt.
139. Power to make laws relating to Commission

Subject to this Constitution, Parliament may make provision for

a. the procedure in accordance with which the Commission is to perform its
functions;

b. conferring such powers on the Commission and imposing such duties on
persons concerned as are necessary to enable the Commission to carry out
effectively the purposes of section 138;

c. the proper custody of declarations and other documents delivered to the
Commission;

d. the maintenance of secrecy in respect of all information received by the
Commission in the course of its duties with respect to the assets, liabilities
and income of any member of Parliament and any other person; and

da. the preparation by the Commission, of a Register of Interests for public
inspection.

e. generally to give effect to the provisions of section 138.

CHAPTER 11: THE SALARIES REVIEW

COMMISSION
140. Constitution of Commission

1. There shall be a Salaries Review Commission which shall consist of a Chairman
and four other members all of whom shall be appointed by the President after
consultation with the Prime Minister and the Leader of the Opposition.
2. The members of the Salaries Review Commission shall hold office in accordance
with section 126.
141. Functions of Commission

1. The Salaries Review Commission shall from time to time with the approval of the
President review the salaries and other conditions of service of the President,
the holders of offices referred to in section 136 (12) to (15), members of
Parliament, including Ministers of Government and Parliamentary Secretaries,
and the holders of such other offices as may be prescribed.
2. The report of the Salaries Review Commission concerning any review of salaries
or other conditions of service, or both, shall be submitted to the President who
shall forward a copy thereof to the Prime Minister for presentation to the
Cabinet and for laying, as soon as possible thereafter, on the table of each
House.
CHAPTER 11A: THE TOBAGO HOUSE OF

ASSEMBLY
141A. Tobago House of Assembly

1. There shall be an Assembly for Tobago to be called the Tobago House of
Assembly, in this Chapter referred to as the Assembly.
2. The Assembly shall consist of a Presiding Officer and such other members
qualified and appointed in such manner and holding office upon such terms and
conditions as may be prescribed.
141B. Powers of the Assembly

Subject to this Constitution, the Assembly shall have such powers and functions in
relation to Tobago as may be prescribed.
141C. Executive Council

1. There shall be an Executive Council of the Assembly consisting of a Chief
Secretary and such number of Secretaries as may be prescribed, to be appointed
in such manner as may be prescribed.
2. The functions of the Chief Secretary and other Secretaries shall be prescribed.

141D. Fund
There is established a fund to be called the Tobago House of Assembly Fund which
shall consist of

a. such monies as may be appropriated by Parliament for the use of the
Assembly; and

b. such other monies as the Assembly may lawfully collect.
CHAPTER 12: MISCELLANEOUS AND

GENERAL
142. Resignations
1. Subject to the provisions of this Constitution, any person who is appointed or
elected to or otherwise selected for any office established by this Constitution,
including the office of Prime Minister or other Minister, or Parliamentary
Secretary, may resign from that office by writing under his hand addressed to
the person or authority by whom he was appointed, elected or selected.
2. The resignation of any person from any such office shall take effect when the
writing signifying the resignation is received by the person or authority to whom
it is addressed or by any person authorised by that person or authority to
receive it.
143. Re-appointment, etc

1. Where any person has vacated any office as established by this Constitution,
including the office of Prime Minister or other Minister, or Parliamentary
Secretary, he may, if qualified, again be appointed, elected or otherwise selected
to hold that office in accordance with the provisions of this Constitution.
2. Where by this Constitution a power is conferred upon any person or authority
to make any appointment to any public office, a person may be appointed to that
office notwithstanding that some other person may be holding that office, when
that other person is on leave of absence pending relinquishment of the office;
and where two or more persons are holding the same office by reason of an
appointment made in pursuance of this subsection, then for the purposes of any
function conferred upon the holder of that office the person last appointed shall
be deemed to be the sole holder of the office.
FIRST SCHEDULE: FORMS OF OATH (OR

AFFIRMATION) OF ALLEGIANCE AND OF
OFFICE
Oaths to abide by constitution
Form of oath (affirmation) for the President:
I, A. B., do swear by...........................(solemnly affirm) that I will bear true faith and
allegiance to Trinidad and Tobago and to the best of my ability preserve and defend

the Constitution and the law, that I will conscientiously and impartially discharge the
functions of President and will devote myself to the service and well-being of the
people of Trinidad and Tobago.
Form of oath (affirmation) for a Minister or Parliamentary Secretary:
I, A. B., do swear by...........................(solemnly affirm) that I will bear true faith and
allegiance to Trinidad and Tobago and will uphold the Constitution and the law, that I
will conscientiously, impartially and to the best of my ability discharge my duties
as...........................and do right to all manner of people without fear or favour, affection
or ill-will.
Form of oath (affirmation) for a member of the House of Representatives or the
Senate:
I, A. B., having been elected/appointed a member of Parliament do swear
by...........................(solemnly affirm) that I will bear true faith and allegiance to Trinidad
and Tobago, will uphold the Constitution and the law, and will conscientiously and
impartially discharge the responsibilities to the people of Trinidad and Tobago upon
which I am about to enter.
Form of oath (affirmation) for the Ombudsman, a Judge, the Auditor General, a
member of a Service Commission or a member of the Public Service Appeal Board:
I, A. B., having been appointed...........................of Trinidad and Tobago do swear
by...........................(solemnly affirm) that I will bear true faith and allegiance to Trinidad
and Tobago and will uphold the Constitution and the law, that I will conscientiously,
impartially and to the best of my knowledge, judgment and ability discharge the
functions of my office and do right to all manner of people after the laws and usages
of Trinidad and Tobago without fear or favour, affection or ill-will.
SECOND SCHEDULE: BOUNDARIES OF

CONSTITUENCIES (Section 72)
1. These rules are the Delimitation of Constituencies Rules in accordance with

which the constituencies of Trinidad and Tobago are to be delimited under
section 72(1).
2. Subject to paragraph 3, the electorate shall, so far as is practicable be equal in all
constituencies.
3. The number of constituencies in Tobago shall not be less than two.
4. In Trinidad and in Tobago, respectively, the electorate in any constituency shall
not be more than one hundred and ten per cent nor be less than ninety per cent
of the total electorate of the island divided by the number of constituencies in
that island.
5. Special attention shall be paid to the needs of sparsely populated areas which on
account of size, isolation or inadequacy of communications cannot adequately
be represented by a single member of Parliament.
6. Natural boundaries such as major highways and rivers shall be used wherever
possible.
7. In this Schedule Trinidad means the Island of Trinidad and its offshore islands,
and Tobago means the Island of Tobago and its offshore islands.

THIRD SCHEDULE: MATTERS NOT SUBJECT

TO INVESTIGATION [(Section 94(4)(b))]
International organizations
1. Action taken in matters certified by the Attorney General to affect relations or
dealings between the Government of Trinidad and Tobago and any other
Government or any International Organisation.
2. Action taken in any country or territory outside Trinidad and Tobago by or on
behalf of any officer representing or acting under the authority of the
Government of Trinidad and Tobago.
Extradition procedure 3. Action taken under any law relating to extradition or fugitive offenders.
4. Action taken for the purposes of investigating crime or of protecting the
security of the State.
5. The commencement or conduct of civil or criminal proceedings before any court
in Trinidad and Tobago or before any international court or tribunal.
6. Any exercise of the power of pardon.
7. Action taken in matters relating to contractual or other commercial
transactions, being transactions of a department of government or an authority
to which section 93 applies not being transactions for or relating to

a. the acquisition of land compulsorily or in circumstances in which it could be
acquired compulsorily;

b. the disposal as surplus of land acquired compulsorily or in circumstances in
which it could be acquired compulsorily.
8. Action taken in respect of appointments or removals, pay, discipline,
superannuation or other personnel matters in relation to service in any office or
employment in the public service or under any authority as may be prescribed.
9. Any matter relating to any person who is or was a member of the armed forces
of Trinidad and Tobago in so far as the matter relates to

a. the terms and conditions of service as such member; or

b. any order, command, penalty or punishment given to or affecting him in his
capacity as such member.
10. Any action which by virtue of any provision of this Constitution may not be
enquired into by any court.

Topic index
Approval of general legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Attendance by legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Attorney general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Budget bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Cabinet removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47, 48

Cabinet selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Conditions for revoking citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Constitution amendment procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Constitutional interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Counter corruption commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Designation of commander in chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20, 47

Dismissal of the legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division of labor between chambers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Electoral commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45, 46

Electoral districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Eligibility for cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26, 30, 48
Eligibility for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Eligibility for head of government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Eligibility for head of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Eligibility for ordinary court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Eligibility for second chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Eligibility for supreme court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Emergency provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 15, 16
Equality regardless of gender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Equality regardless of origin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Equality regardless of race . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Equality regardless of religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Equality regardless of skin color . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Establishment of cabinet/ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Establishment of judicial council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Extradition procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

Finance bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39, 40

First chamber reserved policy areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39, 40
First chamber selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35, 45, 47
Freedom of assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Freedom of association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Freedom of expression . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Freedom of movement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Freedom of opinion/thought/conscience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Freedom of press . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Freedom of religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
General guarantee of equality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

God or other deities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Guarantee of due process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Head of government powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

Head of government removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Head of government replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Head of government selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Head of government's role in the legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Head of state immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Head of state removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Head of state replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Head of state selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Head of state term length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Human dignity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Immunity of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
International organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Joint meetings of legislative chambers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Leader of first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Leader of second chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Legislative committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Mandatory retirement age for judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

Minimum age for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Minimum age for second chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Minimum age of head of government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30, 47

Minimum age of head of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Motives for writing constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Municipal government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Name/structure of executive(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20, 47
Oaths to abide by constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25, 51, 59, 80

Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Ordinary court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Outside professions of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Power to pardon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Powers of cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Presumption of innocence in trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Prohibition of cruel treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Prohibition of slavery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Protection from self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Protection from unjustified restraint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Protection of judges' salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Quorum for legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Regional group(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Regulation of evidence collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Removal of individual legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27, 31
Replacement of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Requirements for birthright citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17, 18
Requirements for naturalization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18, 19
Restrictions on voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Right to counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Right to fair trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Right to form political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Right to life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Right to own property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Right to pre-trial release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Right to privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Right to public trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Right to reasonable standard of living . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Second chamber reserved policy areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Second chamber selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Secret ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Size of first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Size of second chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Source of constitutional authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Structure of legislative chamber(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Structure of the courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57, 58, 60
Supreme court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Supreme/ordinary court judge removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Tax bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39, 40

Trial in native language of accused . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Type of government envisioned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

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Trinidad and Tobago's

CHAPTER 1: THE RECOGNITION AND PROTECTION OF FUNDAMENTAL

CHAPTER 3: THE PRESIDENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Trinidad and Tobago 1976 (rev. 2007) Page 2

26. Holding of elections for President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Trinidad and Tobago 1976 (rev. 2007) Page 3

CHAPTER 5: EXECUTIVE POWERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

Trinidad and Tobago 1976 (rev. 2007) Page 4

CHAPTER 6: THE DIRECTOR OF PUBLIC PROSECUTIONS AND THE

CHAPTER 7: THE JUDICATURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

Trinidad and Tobago 1976 (rev. 2007) Page 5

119. Public Accounts Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

CHAPTER 9: APPOINTMENTS TO, AND TENURE OF OFFICES . . . . . . . . . . . . . 65

CHAPTER 10: THE INTEGRITY COMMISSION . . . . . . . . . . . . . . . . . . . . . . . . . 77

CHAPTER 11: THE SALARIES REVIEW COMMISSION . . . . . . . . . . . . . . . . . . . 79

CHAPTER 11A: THE TOBAGO HOUSE OF ASSEMBLY . . . . . . . . . . . . . . . . . . . 79

CHAPTER 12: MISCELLANEOUS AND GENERAL . . . . . . . . . . . . . . . . . . . . . . . 80

Trinidad and Tobago 1976 (rev. 2007) Page 6

FIRST SCHEDULE: FORMS OF OATH (OR AFFIRMATION) OF ALLEGIANCE

Trinidad and Tobago 1976 (rev. 2007) Page 7

Source of constitutional authority

2. The Supreme Law

Trinidad and Tobago 1976 (rev. 2007) Page 8

Trinidad and Tobago 1976 (rev. 2007) Page 9

Trinidad and Tobago 1976 (rev. 2007) Page 10

Trinidad and Tobago 1976 (rev. 2007) Page 11

CHAPTER 1: THE RECOGNITION AND

PART 1: Rights enshrined

General guarantee of equality

5. Protection of rights and freedoms

Trinidad and Tobago 1976 (rev. 2007) Page 12

Trinidad and Tobago 1976 (rev. 2007) Page 13

PART 2: Exceptions for Existing Law

6. Savings for existing law

PART 3: Exceptions for Emergencies

Emergency provisions 7. Emergency powers

Trinidad and Tobago 1976 (rev. 2007) Page 14

2. Without prejudice to the generality of subsection (1) regulations made under

Emergency provisions 8. Period of public emergency

Emergency provisions 9. Grounds for, and initial duration of Proclamation

Emergency provisions 10. Extension of Proclamation

Trinidad and Tobago 1976 (rev. 2007) Page 15

Emergency provisions 11. Detention of persons

Emergency provisions 12. Publication

PART 4: Exceptions for Certain Legislation

13. Acts inconsistent with sections 4 and 5

Trinidad and Tobago 1976 (rev. 2007) Page 16

14. Enforcement of the protective provisions

Trinidad and Tobago 1976 (rev. 2007) Page 17

Requirements for naturalization 16. Continuation of citizenship of citizens by registration,

Requirements for birthright citizenship 17. Acquisition of citizenship by birth or descent.

Regional group(s) 18. Commonwealth citizens

Trinidad and Tobago 1976 (rev. 2007) Page 18

19. Criminal liability of Commonwealth citizens

Conditions for revoking citizenship

21. Interpretation of Chapter 2

Trinidad and Tobago 1976 (rev. 2007) Page 19

CHAPTER 3: THE PRESIDENT