Grenada

Grenada Constitution (1973)

Updated: June 2015

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Section 32, section 2 states:

(a) Every Commonwealth citizen who has attained the prescribed age and who possesses such qualifications relating to residence or domicile in Grenada as Parliament may prescribe shall, unless he is disqualified by Parliament from registration as a voter for the purposes of elections of members of the House of Representatives, be entitled to be registered as such a voter under any law in that behalf, and no other person may be so registered…

 

Excerpt from the Grenada Constitution of 1973

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Article 3, section 1 states:

No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say :-…

  • (h) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community…

 

Article 21, section 1 states:

During any period when the office of Governor-General is vacant or the holder of the office of Governor-General is absent from Grenada or is for any other reason unable to perform the functions of his office those functions shall be performed by such person as Her Majesty may appoint.

 

Article 22, section 1 states:

Whenever the Governor-General--…

  • (c) is suffering from an illness which he considers, acting in his own deliberate judgment, will be of short duration, he may, acting in accordance with the advice of the Prime Minister, appoint any person in Grenada to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of Governor-General as may be specified in the instrument by which he is appointed.

 

Article 25 states:

Subject to the provisions of section 26 of this Constitution, a person shall be qualified to be appointed as a Senator if, and shall not be so qualified unless, he-…

  • (c) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him to take an active part in the proceedings of the Senate.

 

Article 26, section 1 states:

No person shall be qualified to be appointed as a Senator if he:…

  • (c) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Grenada…

 

Article 27, section 3a states:

If any circumstances such as are referred to in paragraph (d) of subsection (2) of this section arise because any Senator is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if 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 but, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter…

 

Article 30 states:

Subject to the provisions of section 31 of this Constitution, a person shall be qualified to be elected as a member of the House of Representatives if, and shall not be so qualified unless, he-…

  • (c) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him to take an active part in the proceedings of the House.

 

Article 31, section 1 states:

No person shall be qualified to be elected as a member of the House of Representatives if he:…

  • (c) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Grenada.

 

Article 33, section 3a states:

If any circumstances such as are referred to in paragraph (c) of subsection (2) of this section arise because any member of the House of Representatives is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if 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 but, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter…

 

Article 49, section 3 states:

Whenever the office of Speaker is vacant or the Speaker is for any reason unable to perform any function conferred on him by section 47 or 48 of this Constitution or subsection (1) of this section, that function may be performed by the Deputy Speaker.

 

Article 55 states:

…(4) A member of the Commission other than the Chairman may be removed from office but only for inability to discharge the functions thereof (whether arising from infirmity of mind or body or any other cause) or for misbehaviour, and he shall not be so removed except in accordance with the provisions of this section.

(5) A member of the Commission shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under subsection (6) of this section and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.

6) If the Prime Minister, in the case of a member appointed in accordance with paragraph (b) of subsection (1) of this section, or the Leader of the Opposition, in the case of a member appointed in accordance with paragraph (c) of that subsection, represents to the Governor-General that the question of removal of a member of the Commission from office for inability as aforesaid or for misbehaviour ought to be investigated, then- a. the Governor-General shall appoint a tribunal, which shall consist of a Chairman and not less than two other members, selected by the Governor-General, acting in accordance with the advice of the Chief Justice, 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 enquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether the member of the Commission ought to be removed from office for inability as aforesaid or for misbehaviour…

 

Article 61 states:

Whenever the Prime Minister is absent from Grenada or is by reason of illness unable to perform the functions conferred upon him by this Constitution, the Governor-General may authorise some other Prime Minister to perform those functions (other than the functions conferred by this section) and that Minister may perform those functions until his authority is revoked by the Governor-General. (2) The powers of the Governor-General under this section shall be exercised by him in accordance with the advice of the Prime Minister: Provided that if the Governor-General, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of the Prime Minister owing to his absence or illness he may exercise those powers in his own deliberate judgment.

 

Article 83 states:

…(5) A member of the Commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section...

(9) If the office of Chairman of the Commission is vacant or if the person holding that office is for any reason unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by such one of the other members of the Commission as may for the time being be designated in that behalf by the Governor-General, acting in accordance with the advice of the Prime Minister.

(10) If at any time any member of the Commission is acting as Chairman or is for any reason unable to exercise the functions of his office, the Governor-General acting in accordance with the advice of the Prime Minister, may appoint a person who is qualified to be appointed as a member of the Commission to act as a member, and any person so appointed shall, subject to the provisions of subsection (5) of this section, continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the Governor-General, acting in accordance with the advice of the Prime Minister...

 

Article 86 states:

…(2) If the office of Director of Public Prosecutions is vacant or if the Director of Public Prosecutions is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the Judicial and Legal Services Commission, may appoint a person to act as Director of Public Prosecutions.

(6) A person holding the office of Director of Public Prosecutions may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section…

 

Article 87 states:

…(2) If the office of Director of Audit is vacant or if the Director of Audit is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the Public Service Commission, may appoint a person to act as Director of Audit.

(6) A person holding the office of Director of Audit may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section…

 

Article 90 states:

…(4) A member of the Board may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section…

(8)(a) If at any time any member of the Board is for any reason unable to exercise the functions of his office, the Governor-General may appoint a person who is qualified to be appointed as a member of the Board to act as a member, and any person so appointed shall, subject to the provisions of subsection (4) of this section, continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the Governor-General. (b) In the exercise of the powers conferred by this subsection the Governor-General shall act in his own deliberate judgment in any case where the member unable to exercise the functions of his office was appointed under paragraph (a) of subsection (1) of this section and in any case where the member of the Board unable to exercise the function of his office was appointed under paragraph (b) or (c) of subsection (l) of this section, the Governor-General shall act in accordance with the advice of the Prime Minister or the appropriate representative body, as the case may be...

 

Article 111, section 10 states:

Where this Constitution vests in any person or authority the power to appoint any person to act in or to exercise the functions of any office if the holder thereof is himself unable to exercise those functions no such appointment shall be called in question on the grounds that the holder of the office was not unable to exercise those functions.

 

Excerpts from the Grenada Constitution of 1973

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Article 21, section 1 states:

During any period when the office of Governor-General is vacant or the holder of the office of Governor-General is absent from Grenada or is for any other reason unable to perform the functions of his office those functions shall be performed by such person as Her Majesty may appoint.

 

Article 22, section 1 states:

Whenever the Governor-General--…

  • (c) is suffering from an illness which he considers, acting in his own deliberate judgment, will be of short duration, he may, acting in accordance with the advice of the Prime Minister, appoint any person in Grenada to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of Governor-General as may be specified in the instrument by which he is appointed.

 

Article 25 states:

Subject to the provisions of section 26 of this Constitution, a person shall be qualified to be appointed as a Senator if, and shall not be so qualified unless, he-…

  • (c) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him to take an active part in the proceedings of the Senate.

 

Article 26, section 1 states:

No person shall be qualified to be appointed as a Senator if he:…

  • (c) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Grenada…

 

Article 27, section 3a states:

If any circumstances such as are referred to in paragraph (d) of subsection (2) of this section arise because any Senator is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if 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 but, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter…

 

Article 30 states:

Subject to the provisions of section 31 of this Constitution, a person shall be qualified to be elected as a member of the House of Representatives if, and shall not be so qualified unless, he-…

  • (c) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him to take an active part in the proceedings of the House.

 

Article 31, section 1 states:

No person shall be qualified to be elected as a member of the House of Representatives if he:…

  • (c) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Grenada.

 

Article 33, section 3a states:

If any circumstances such as are referred to in paragraph (c) of subsection (2) of this section arise because any member of the House of Representatives is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if 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 but, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter…

 

Article 49, section 3 states:

Whenever the office of Speaker is vacant or the Speaker is for any reason unable to perform any function conferred on him by section 47 or 48 of this Constitution or subsection (1) of this section, that function may be performed by the Deputy Speaker.

 

Article 55 states:

…(4) A member of the Commission other than the Chairman may be removed from office but only for inability to discharge the functions thereof (whether arising from infirmity of mind or body or any other cause) or for misbehaviour, and he shall not be so removed except in accordance with the provisions of this section.

(5) A member of the Commission shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under subsection (6) of this section and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.

6) If the Prime Minister, in the case of a member appointed in accordance with paragraph (b) of subsection (1) of this section, or the Leader of the Opposition, in the case of a member appointed in accordance with paragraph (c) of that subsection, represents to the Governor-General that the question of removal of a member of the Commission from office for inability as aforesaid or for misbehaviour ought to be investigated, then-

  • (a) the Governor-General shall appoint a tribunal, which shall consist of a Chairman and not less than two other members, selected by the Governor-General, acting in accordance with the advice of the Chief Justice, 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 enquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether the member of the Commission ought to be removed from office for inability as aforesaid or for misbehaviour…

 

Article 61 states:

Whenever the Prime Minister is absent from Grenada or is by reason of illness unable to perform the functions conferred upon him by this Constitution, the Governor-General may authorise some other Prime Minister to perform those functions (other than the functions conferred by this section) and that Minister may perform those functions until his authority is revoked by the Governor-General. (2) The powers of the Governor-General under this section shall be exercised by him in accordance with the advice of the Prime Minister: Provided that if the Governor-General, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of the Prime Minister owing to his absence or illness he may exercise those powers in his own deliberate judgment.

 

Article 83 states:

…(5) A member of the Commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section...

(9) If the office of Chairman of the Commission is vacant or if the person holding that office is for any reason unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by such one of the other members of the Commission as may for the time being be designated in that behalf by the Governor-General, acting in accordance with the advice of the Prime Minister.

(10) If at any time any member of the Commission is acting as Chairman or is for any reason unable to exercise the functions of his office, the Governor-General acting in accordance with the advice of the Prime Minister, may appoint a person who is qualified to be appointed as a member of the Commission to act as a member, and any person so appointed shall, subject to the provisions of subsection (5) of this section, continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the Governor-General, acting in accordance with the advice of the Prime Minister...

 

Article 86 states:

…(2) If the office of Director of Public Prosecutions is vacant or if the Director of Public Prosecutions is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the Judicial and Legal Services Commission, may appoint a person to act as Director of Public Prosecutions.

(6) A person holding the office of Director of Public Prosecutions may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section…

 

Article 87 states:

…(2) If the office of Director of Audit is vacant or if the Director of Audit is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the Public Service Commission, may appoint a person to act as Director of Audit.

(6) A person holding the office of Director of Audit may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section…

 

Article 90 states:

…(4) A member of the Board may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section…

(8)(a) If at any time any member of the Board is for any reason unable to exercise the functions of his office, the Governor-General may appoint a person who is qualified to be appointed as a member of the Board to act as a member, and any person so appointed shall, subject to the provisions of subsection (4) of this section, continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the Governor-General. (b) In the exercise of the powers conferred by this subsection the Governor-General shall act in his own deliberate judgment in any case where the member unable to exercise the functions of his office was appointed under paragraph (a) of subsection (1) of this section and in any case where the member of the Board unable to exercise the function of his office was appointed under paragraph (b) or (c) of subsection (l) of this section, the Governor-General shall act in accordance with the advice of the Prime Minister or the appropriate representative body, as the case may be...

 

Article 111, section 10 states:

Where this Constitution vests in any person or authority the power to appoint any person to act in or to exercise the functions of any office if the holder thereof is himself unable to exercise those functions no such appointment shall be called in question on the grounds that the holder of the office was not unable to exercise those functions.

 

Excerpts from the Grenada Constitution of 1973