Constitution of Fiji: Chapter 6 - Part 4: Both Houses

Part 4: Both Houses

Part 4 of Chapter 6, comprising Sections 67 through 74, lays down miscellaneous rules applicable to both houses of Parliament.

Section 67 declares membership of, or nomination for, either house to be incompatible with any "public office." On being nominated for the House of Representatives or the Senate, any person holding a public office is deemed to have resigned from it. This rule does not apply, however, to Cabinet ministers or to the Leader of the Opposition - these are required to be members of Parliament.

Section 68 requires the Prime Minister to advise the President to summon Parliament to meet not later than 30 days following a general election. Other sessions are called by the President on the advice of the Prime Minister, but no more than 6 months are allowed to elapse between the end of one session and the beginning of another. Special sessions of Parliament may also be called by the President if at least 18 members of the House of Representatives request such a session in writing.

Sections 69 and 70 set out the rules for voting in both houses. To become law, a bill need a majority of the votes, plus one, of the members present in each of both houses. If the votes are equally divided, the bill is deemed to be defeated. 24 of the 71 members of the House of Representatives, and 12 of the 32 Senators, constitute a quorum; without a quorum, the session of the particular House must be adjourned at the demand of a member present. If, however, no member present at the session objects to the absence of a quorum, the particular House may continue functioning.

Sections 71 and 72 lay down the rules according to which seats in the Parliament may become vacant. A vacancy occurs with the death or resignation of a Representative or Senator. A Member of Parliament is deemed to have resigned from office in the event of the following circumstances: appointment to public office; bankruptcy; absence without permission of the Speaker of the House of Representatives, or of the President of the Senate, for 2 consecutive sessions; election or appointment to the other House of Parliament; and, in the case of members of the House of Representatives, resignation or expulsion from the political party for which he or she was elected. In the event of a judicial ruling, proceedings that may have taken place in the House of Representatives or the Senate are not invalidated if it transpires that a person's membership in that house was invalid.

Section 73 lays down the rules for the challenging of election results in court. A special court, the Court of Disputed Returns, is established for this purpose.

Section 74 deals with parliamentary proceedings. It declares English to be the official language of the Parliament, but allows members to address either House in Bau Fijian or Hindustani. Parliament must establish at least 5 standing committees; Cabinet ministers are not permitted to serve on such committees.