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bdconstitution.pep.zone

THE LEGISLATURE P2

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THE LEGISLATURE

(2) If, at any time, any question as to the leadership of the Parliamentary party of a political party arises, the Speaker shall, within seven days of being informed of it in writing by a person claming the leadership of the majority of the members of that party in Parliament, convince a meeting of all members of Parliament of that party in accordance with the Rules of procedure of Parliament and determine its Parliamentary leadership by the votes of the majority through division and if, in the matter of voting in Parliament, any member does not comply with the direction of the leadership so determined, he shall be deemed to have voted against that party under clause (1) and shall vacate his seat in the Parliament.

(3) If a person, after being elected a member of Parliament as an independent candidate, joins any political party, he shall, for the purpose of this article, be deemed to have been elected as a nominee of that Party.]

71. Bar against double membership
(1) No person shall at the same time be a member of Parliament in respect of two or more constituencies.

(2)Nothing in clause (1) shall prevent a person from being at the same time a candidate for two or more constituencies, but in the event of his being elected for more than one-

(a) within thirty days after his last election the person elected shall deliver to the Chief Election Commissioner a signed declaration specifying the constituency which he wishes to represent, and the seats of the other constituencies for which he was elected shall thereupon fall vacant;
(b) if the person elected fails to comply with sub-clause (a) all the seats for which he was elected shall fall vacant;
(c) the person elected shall not make or subscribe the oath or affirmation of a member of Parliament until the foregoing provisions of this clause, so far as applicable, have been complied with.

72. Sessions of Parliament
(1) Parliament shall be summoned, prorogued and dissolved by the President by public notification and when summoning Parliament the President shall specify the time and place of the first meeting: 43[Provided that a period exceeding sixty days shall not intervene between the end of one session and the first sitting of Parliament in the next session:

Provided further that in the exercise of his functions under this clause, the President shall act in accordance with the advice of the Prime Minister tendered to him in writing.]

(2) Notwithstanding the provisions of clause (1) Parliament shall be summoned to meet within thirty days after the declaration of the results of polling at any general election of members of Parliament.

(3) Unless sooner dissolved by the President, Parliament shall stand dissolved on the expiration of the period of five years from the date of its first meeting.

Provided that at any time when the Republic is engaged in war the period may be extended by Act of Parliament by not more than one year at a time but shall not be so extended beyond six months after the termination of the war.

(4) If after a dissolution and before the holding of the next general election of members of Parliament the President is satisfied that owing to the existence of a state of war in which he Republic is engaged it is necessary to recall Parliament, the President shall summon the Parliament that has been dissolved to meet.

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(5) Subject to the provisions of clause (1) the sittings of Parliament shall be held at such times and places as Parliament may, by its rules of procedure or otherwise determine.



73. President's address and messages to Parliament
(1) The President may address Parliament, and may send messages thereto.

(2) At the commencement to the first session after a general election of members of Parliament and at the commencement of the first session of each year the President shall address Parliament.

(3) Parliament shall, after the presentation of an address by the President, or the receipt of a message from him, discuss the matter referred to in such address or message


45[73A. Rights of Ministers as respects Parliament
[(1) Every Minister shall have the right to speak in, and otherwise to take part in the proceedings of, Parliament, but shall not be entitled to vote 46[or to speak on any matter not related to his Ministry] unless he is a member of Parliament also. .

(2) In this article, "Minister" includes a Prime Minister, 47* *, Minister of State and Deputy Minister.]

74. Speaker and Deputy Speaker
(1) Parliament shall at the first sitting after any general election elect from among its members a Speaker and a deputy Speaker, and if either office becomes vacant shall within seven days or, if Parliament is not then sitting, at its first meeting thereafter, elect one of its members to fill the vacancy.

(2) The Speaker or Deputy Speaker shall vacate his office-

(a) if he ceases to be a member of Parliament;
(b) if he becomes a Minister;
(c) if Parliament passes a resolution (after not less than fourteen days, notice has been given of the intention to move the resolution) supported by the votes of a majority of all the members thereof, requiring his removal from office;
(d) if he resigns his office by writing under his hand delivered to the President;
(e) if after a general election another member enters upon that office; or
(f) in the case of the Deputy Speaker, if he enters upon the office of Speaker.

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