Constitución Política Antigua y Barbuda

THE CONSTITUTION OF ANTIGUA AND BARBUDA, 1981
STATUTORY INSTRUMENTS
1981 No. 1106
ANTIGUA AND BARBUDA
The Antigua and Barbuda Constitution Order 1981
Made: 31st July 1981

Coming into Operation: 31st October 1981
At the Court at Buckingham Palace, the 31st day of July 1981

Present,
The Queen's Most Excellent Majesty in Council
Whereas the status of association of Antigua with the United Kingdom is to terminate on
1st November 1981 and it is necessary to establish a new constitution for Antigua upon its
attainment of fully responsible status within the Commonwealth under the style of Antigua
and Barbuda:
And whereas the Associated State of Antigua has, by resolutions passed in the Senate
thereof on 1st May 1981 and in the House of Representatives thereof on 23rd April 1981,
requested and consented to the making of this Order for that purpose:
Now, therefore, Her Majesty, by virtue and in exercise of the powers vested in Her in that
behalf by section 5(4) of the West Indies Act 1967 (a), is pleased, by and with the advice
of Her Privy Council, to order, and it is hereby ordered, as follows:--
1.-
1. This Order may be cited as the Antigua and Barbuda Constitution Order 1981.
2. This Order shall come into operation on 31st October 1981.
2.- The Antigua Constitution Order 1967(b), the Antigua Constitution (Amendment)
Order 1972 (c), and the Antigua Constitution (Amendment) Order 1975 (d), which
made provision for the constitution of the Associated State of Antigua, are revoked.
3.- The Constitution of Antigua and Barbuda set out in Schedule 1 to this Order
shall come into effect in Antigua and Barbuda on 1st November 1981 subject to the
transitional provisions set out in Schedule 2 to this Order.
N.E. Leigh,
Clerk of the Privy Council
SCHEDULE 1 TO THE ORDER

THE CONSTITUTION OF ANTIGUA AND BARBUDA
Arrangement of Sections
Chapter I
The State and the Constitution
Section
1. The State and its territory.

2. Constitution is supreme law.
Chapter II
Protection of Fundamental Rights and
Freedoms of the Individual
3. Fundamental rights and freedoms of the individual.

4. Protection of right to life.
5. Protection of right to personal liberty.
6. Protection from slavery and forced labour.
7. Protection from inhuman treatment.
8. Protection of freedom of movement.
9. Protection from deprivation of property.
10. Protection of person or property from arbitrary search or entry.
11. Protection of freedom of conscience.
12. Protection of freedom of expression including freedom of the press.
13. Protection of freedom of assembly and association.
14. Protection from discrimination on grounds of race, sex etc.
15. Provision to secure protection of the law.
16. Derogations from fundamental rights and freedoms under emergency powers.
17. Protection of persons detained under emergency laws.
18. Enforcement of protective provisions.
19. Protection from derogations from fundamental rights and freedom generally.
20. Declaration of public emergency.
21. Interpretation and savings.
Chapter III
The Governor-General
22. Establishment of office.

23. Acting Governor-General.
24. Oaths.
25. Deputy to Governor-General.
26. Public Seal.
Chapter IV
Parliament
Part I
Establishment and composition of Parliament
27. Establishment of Parliament.
The Senate
28. Composition of the Senate.

29. Qualifications for appointments as Senators.
30. Disqualifications from appointment as Senators.
31. Tenure of office of Senators.
32. Appointment of temporary Senators.
33. President and Vice-President.
34. Attendance of Attorney-General at proceedings of Senate.
35. Attendance at proceedings of Senate of Ministers who are members of the House.
The House of Representatives
36. Composition of the House.

37. Attendance at proceedings of the House of Ministers who are members of the
Senate.
38. Qualifications for election as a member of the House.
39. Disqualifications from election as a member of the House.
40. Election of members of the House.
41. Tenure of seats of members of the House.
42. Speaker and Deputy Speaker.
43. Clerks to Houses of Parliament and their staff.
44. Determination of questions of membership.
45. Unqualified person sitting or voting.
Part 2
Powers and Procedure of Parliament
46. Power to make laws.

47. Alteration of this Constitution and Supreme Court Order.
48. Oath of allegiance by members of Parliament.
49. Presiding in Senate and House.
50. Quorum.
51. Voting.
52. Mode of exercising legislative power.
53. Restrictions with regard to certain financial measures.
54. Restrictions on powers of Senate as to money bills.
55. Restrictions on powers of Senate as to bills other than money bills.
56. Provisions relating to sections 53, 54 and 55.
57. Regulation and procedure of Houses of Parliament.
58. Freedom of speech in proceedings of Parliament.
Part 3
Summoning, Prorogation and Dissolution of Parliament
59. Sessions of Parliament.

60. Prorogation and dissolution of Parliament.
61. General elections and appointment of Senators.
Part 4
Delimitations of Constituencies
62. Constituencies.
63. Constituencies Boundaries Commission.
64. Report by Commission.
65. Procedure upon report.
Part 5
The Ombudsman
66. Establishment, appointment, functions etc. of Ombudsman.
Part 6
The Supervisor of Elections
67. Appointment, functions and removal of Supervisor of Elections.
Chapter V
Executive Powers
Part 1
General
68. Executive authority.

69. Ministers of the Government.
70. The Cabinet.
71. Allocation of portfolios.
72. Summoning of Cabinet.
73. Tenure of office of Ministers.
74. Performance of functions of Prime Minister during absence, illness or suspension.
75. Parliamentary Secretaries.
76. Oaths to be taken by Ministers and Parliamentary Secretaries.
77. Secretary to the Cabinet.
78. Permanent Secretaries.
79. Leader of the Opposition.
80. Exercise of Governor-General's functions.
81. Governor-General to be informed concerning government matters.
82. Attorney-General.
83. Exercise of certain powers of Governor-General.
84. Power of pardon.
85. Advisory Committee on Prerogative of Mercy.
86. Functions of Advisory Committee.
Part 2
Director of Public Prosecutions
87. Appointment and removal of Director of Public Prosecutions.

88. Powers and functions of Director of Public Prosecutions.
89. Directions to Director of Public Prosecutions.
Chapter VI
Finance
90. Consolidated Fund.

91. Withdrawals from Consolidated Fund or other public funds.
92. Authorisation of expenditure from Consolidated Fund by appropriation law.
93. Authorisation of expenditure in advance of appropriation.
94. Contingencies Fund.
95. Remuneration of certain officers.
96. Public Debt.
97. Audit of public accounts, etc.
98. Public Accounts Committee.
Chapter VII
The Public Service
Part 1
The Public Service Commission
99. Establishment and composition of Commission.

100. Appointment etc. of public officers.
101. Appointment etc. of permanent secretaries and certain other officers.
102. The Director of Audit.
103. Appointment etc. of magistrates, registrars and legal officers.
Part 2
The Police Service Commission
104. Establishment and composition of Commission.

105. Appointment etc. of police officers.
Part 3
The Public Service Board of Appeal
106. Constitution of Board, etc.

107. Appeals in disciplinary cases.
108. Powers and procedure of Board.
Part 4
Pensions
109. Pensions laws and protection of pension rights.

110. Power to withhold pensions etc.
Chapter VIII
Citizenship
111. Belonger status.

112. Persons who automatically become citizens at commencement of this
Constitution.
113. Persons who automatically become citizens after commencement of this
Constitution.
114. Persons entitled to citizenship by registration after commencement of this
Constitution.
115. Dual Citizenship.
116. Powers of Parliament.
117. Oath of allegiance.
118. Interpretation.
Chapter IX
Judicial Provisions
119. Original jurisdiction of High Court in constitutional questions.

120. Reference of constitutional questions to High Court.
121. Appeals to Court of Appeal.
122. Appeals to Her Majesty in Council.
Chapter X
Miscellaneous
123. Local government.

124. Certain questions not to be enquired into in any court.
125. Resignations.
126. Re-appointments and concurrent appointments.
127. Interpretation.
SCHEDULE 1 TO THE CONSTITUTION
Part 1
The provisions of the Constitution referred to in section 47(5)
Part II
The provisions of the Supreme Court Order referred to in section 47(5)
Oath (or affirmation) of allegiance and office.
WHEREAS the People of Antigua and Barbuda-

a. proclaim that they are a sovereign nation founded upon principles that
acknowledge the supremacy of God, the dignity and worth of the human person,
the entitlement of all persons to the fundamental rights and freedoms of the
individual, the position of the family in a society of free men and women and free
institutions;
b. respect the principles of social justice and, therefore, believe that the operation of
their economic system should result in the material resources of their community
being so distributed as to serve 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. assert their conviction that their happiness and prosperity can best be pursued in a
democratic society in which all persons may, to the extent of their capacity, play
some part in the national life;
d. recognise that the law symbolises the public conscience, that every citizen owes to
it an undivided allegiance not to be limited by any private views of justice or
expediency and that the State is subject to the law;
e. desire to establish a framework of supreme law within which to guarantee their
inalienable human rights and freedoms, among them, the rights to liberty, property,
security and legal redress of grievances, as well as freedom of speech, of the
press and of assembly, subject only to the public interest:
NOW, THEREFORE, the following provisions shall have effect as the Constitution of
Antigua and Barbuda:-
CHAPTER I
THE STATE AND THE CONSTITUTION
THE STATE AND ITS TERRITORY.
1.-
1. Antigua and Barbuda shall be a unitary sovereign democratic State.

2. The territory of Antigua and Barbuda shall comprise the islands of Antigua,
Barbuda and Redonda and all other areas that were comprised in Antigua on 31st
October 1981 together with such other areas as may be declared by Act of
Parliament to form part of the territory of Antigua and Barbuda.
CONSTITUTION IS SUPREME LAW.
2.- This Constitution is the supreme law of Antigua and Barbuda and, subject to the
provisions of this Constitution, if any other laws is inconsistent with this Constitution, this
Constitution shall prevail and the other law shall, to the extent of the inconsistency, be
void.
CHAPTER II
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL.

3.- Whereas every person in Antigua and Barbuda is entitled to the fundamental rights and
freedoms of the individual, that is to say, the right, regardless of race, place of origin,
political opinions or affiliations, colour, creed or sex, but subject to respect for the rights
and freedoms of others and for the public interest, to each and all of the following, namely-
a. life, liberty, security of the person, the enjoyment of property and the protection of
the law;
b. freedom of conscience, of expression (including freedom of the press) and of
peaceful assembly and association; and
c. protection for his family life, his personal privacy, the privacy of his home and other
property and from deprivation of property without fair compensation,
the provisions of this Chapter shall have effect for the purpose of affording
protection to the aforesaid rights and freedoms, subject to such limitations of that
protection as are contained in those provisions, being limitations designed to
ensure that the enjoyment of the said rights and freedoms by any individual does
not prejudice the rights and freedoms of others or the public interest.
PROTECTION OF RIGHT TO LIFE.
4.-
1. No person shall be deprived of his life intentionally save in execution of the

sentence of a court in respect of a crime of treason or murder of which he has been
convicted.
2. A person shall not be regarded as having been deprived of his life in contravention
of this section if he dies as the result of the use, to such extent and such
circumstances as are permitted by law, of such force as is reasonably justifiable-
a. for the defence of any person from violence or for the defence of property;
b. in order to effect a lawful arrest or to prevent the escape of a person
lawfully detained;
c. for the purpose of suppressing a riot, insurrection or mutiny; or
d. in order lawfully to prevent the commission by that person of a criminal
offence,
or if he dies as the result of a lawful act of war.
PROTECTION OF RIGHT TO PERSONAL LIBERTY.
5.-
1. 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-
a. in consequence of his unfitness to plead to a criminal charge;
b. in execution of the sentence or order of a court, whether established for
Antigua and Barbuda or some other country, in respect of a criminal offence
of which he has been convicted;
c. in execution of an order of the High Court or of the Court of Appeal or such
other court as may be prescribed by Parliament on the grounds of his
contempt of any such court or of another court or tribunal;
d. in execution of the order of a court made in order to secure the fulfilment of
any obligation imposed on him by law;
e. for the purpose of bringing him before a court in execution of the order of a
court;
f. upon reasonable suspicion of his having committed or of being about to
commit a criminal offence under any law;
g. under the order of a court or with the consent of his parent or guardian, for
his education or welfare during any period ending not later than the date
when he attains the age of eighteen years;
h. for the purpose of preventing the spread of an infectious or contagious
disease;
i. 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;
j. for the purpose of preventing the unlawful entry of that person into Antigua
and Barbuda, or for the purpose of effecting the expulsion, extradition or
other lawful removal of that person from Antigua and Barbuda or for the
purpose of restricting that person while he is being conveyed through
Antigua and Barbuda in the course of his extradition or removal as a
convicted prisoner from one country to another; or
k. to such extent as may be necessary in the execution of a lawful order
requiring that person to remain within a specified area within Antigua and
Barbuda or prohibiting him from being within such an area or to such extent
as may be reasonably justifiable for the taking of proceedings against that
person relating to the making of any such order or relating to such an order
after it has been made, or to such extent as may be reasonably justifiable
for restraining that person during any visit that he is permitted to make to
any part of Antigua and Barbuda in which, in consequence of any such
order, his presence would otherwise be unlawful.
2. any person who is arrested or detained shall be informed orally and in writing as
soon as reasonably practicable, in language that he understands, of the reason for
his arrest or detention.
3. Any person who is arrested or detained shall have the right, at any stage and at his
own expense, to retain and instruct without delay a legal practitioner of his own
choice, and to hold private communications with him, and in the case of a minor he
shall also be afforded a reasonable opportunity for communication with his parent
or guardian.
4. When a person is arrested, excessive bail shall not be required in those cases
where bail is being granted.
5. Any person who is arrested or detained-
a. for the purpose of bringing him before a court in execution of the order of a
court; or
b. upon reasonable suspicion of his having committed or being about to
commit a criminal offence under any law,
and who is not released shall be brought before the court within forty-eight hours
after his detention and, in computing time for the purposes of this subsection,
Sundays and public holidays shall be excluded.
6. If any person arrested or detained as mentioned in subsection (5) (b) of this section
is not tried within a reasonable time, then, without prejudice to any further
proceedings which may be brought against him, he shall be released either
unconditionally or upon reasonable conditions, including in particular such
conditions as are reasonably necessary to ensure that he appears at a later date
for trial or for proceedings preliminary to trial and, subject to subsection (4) of this
section, such conditions may include bail.
7. Any person who is unlawfully arrested or detained by any other person shall,
subject to such defences as may be provided by law, be entitled to compensation
for such unlawful arrest or detention from the person who made the arrest or
effected the detention, from any person or authority on whose behalf the person
making the arrest or effecting the detention was acting or from them both:
Provided that a judge, a magistrate or a justice of the peace or an

officer of a court or a police officer acting in pursuance of the order
of a judge, a magistrate or a justice of the peace shall not be under
any personal liability to pay compensation under this subsection in
consequence of any act performed by him in good faith in the
discharge of the functions of his office and any liability to pay any
such compensation in consequence of any such act shall be a
liability of the Crown.
8. For the purposes of subsection (1) (b) of this section, a person charged with a
criminal offence in respect of whom a special verdict has been returned that he
was guilty of the act or omission charged but was insane when he did the act or
made the omission shall be regarded as a person who has been convicted of a
criminal offence and the detention of that person in consequence of such a verdict
shall be regarded as detention in execution of the order of a court.
PROTECTION FROM SLAVERY AND FORCED LABOUR
6.-
1. No person shall be held in slavery or servitude.

2. No person shall be required to perform forced labour.
3. For the purposes of this section, the expression "forced labour" does not include-
a. any labour required in consequence of the sentence or order of a court;
b. any labour required of any person while he is lawfully detained that, though
not required in consequence of the sentence or order of a court, is
reasonably necessary in the interests of hygiene or for the maintenance of
the place at which he is detained;
c. any labour required of a member of a disciplined force in pursuance of his
duties as such or, in the case of a person who has conscientious objections
to service as a member of a naval, military or air force, any labour that
person is required by law to perform in place of such service;
d. any labour required during any period of public emergency or, in the event
of any other emergency or calamity that threatens the life and well-being of
the community, to the extent that the requiring of such labour is reasonably
justifiable in the circumstances of any situation arising or existing during
that period or as a result of that other emergency or calamity, for the
purpose of dealing with that situation.
PROTECTION FROM INHUMAN TREATMENT
7.-
1. No person shall be subjected to torture or to inhuman or degrading punishment or

other such treatment.
2. Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of this section to the extent that the law in
question authorises the infliction of any description of punishment that was lawful in
Antigua on 31st October 1981.
PROTECTION OF FREEDOM OF MOVEMENT
8.-
1. A person shall not be deprived of his freedom of movement, that is to say, the right
to move freely throughout Antigua and Barbuda, the right to reside in any part of
Antigua and Barbuda, the right to enter Antigua and Barbuda, the right to leave
Antigua and Barbuda and immunity from expulsion from Antigua and Barbuda.
2. Any restrictions on a person's freedom of movement that is involved in his lawful
detention shall not be held to be inconsistent with or in contravention of this
section.
question makes provision-
a. for the imposition of restrictions on the movements or residence within
Antigua and Barbuda of any person or on any person's right to leave
Antigua and Barbuda that are reasonably required in the interests of
defence, public safety or public order;
b. for the imposition of restrictions on the movements or residence within
Antigua and Barbuda or on the right to leave Antigua and Barbuda of
persons generally or any class of persons in the interest of defence, public
safety, public order, public morality, or public health or, in respect of the
right to leave Antigua and Barbuda, of securing compliance with any
international obligation of Antigua and Barbuda particulars of which have
been laid before the House and except so far as that provision or, as the
case may be, the thing done under the authority thereof is shown not to be
reasonably justifiable in a democratic society;
c. for the imposition of restrictions, by order of a court, on the movement or
residence within Antigua and Barbuda of any person or on any person's
right to leave Antigua and Barbuda either in consequence of his having
been found guilty of a criminal offence under a law or for the purpose of
ensuring that he appears before a court at a later date for trial of such a
criminal offence or for proceedings relating to his extradition or lawful
removal from Antigua and Barbuda;
d. for the imposition of restrictions on the freedom of movement of any person
who is not a citizen;
e. for the imposition of restrictions on the acquisition or use by any person of
land or other property in Antigua and Barbuda;
f. for the imposition of restrictions upon the movement or residence within
Antigua and Barbuda or on the right to leave Antigua and Barbuda of any
public officer that are reasonably required for the proper performance of his
functions;
g. for the removal of a person from Antigua and Barbuda to be tried or
punished in some other country for a criminal offence under the law of that
other country or to undergo imprisonment in some other country in
execution of the sentence of a court in respect of a criminal offence under a
law of which he has been convicted; or
h. for the imposition of restrictions on the right of any person to leave Antigua
and Barbuda that are reasonably required in order to secure the fulfilment
of any obligations imposed on that person by law and except so far as that
provision or, as the case may be, the thing done under the authority thereof
is shown not to be reasonably justifiable in a democratic society.
4. If any person whose freedom of movement has been restricted by virtue of such a
provision as is referred to in subsection (3) (a) of this section so requests at any
time during the period of that restriction not earlier than two months after the
restriction was imposed or two months after he last made such a request, as the
case may be, his case shall be reviewed by an independent and impartial tribunal
consisting of a president who shall be a legal practitioner of not less than seven
years standing appointed by the Chief Justice and two other members appointed
by the Governor-General acting in his discretion.
5. On any review by a tribunal in pursuance of subsection (4) of this section of the
case of any person whose freedom of movement has been restricted, the tribunal
may make recommendations concerning the necessity for or expediency of the
continuation of that restriction to the authority by whom it was ordered and, unless
it is otherwise provided by law, that authority shall be obliged to act in accordance
with any such recommendations.
PROTECTION FROM DEPRIVATION OF PROPERTY
9.-
1. No property of any description shall be compulsorily taken possession of, and no

interest in or right to or over property of any description shall be compulsorily
acquired, except for public use and except in accordance with the provisions of a
law applicable to that taking of possession or acquisition and for the payment of fair
compensation within a reasonable time.
2. Every person having a interest in or right to or over property which is compulsorily
taken possession of or whose interest in or right to or over any property is
compulsorily acquired shall have the right of access to the High Court for-
a. the determination of his interest or right, the legality of the taking of
possession or acquisition of the property, interest or right and the amount of
any compensation to which he is entitled; and
b. the purpose of obtaining payment of that compensation:
Provided that if Parliament so provides in relation to any

matter referred to in paragraph (a) of this subsection the right
of access shall be by way of appeal (exercisable as of right
at the instance of the person having the interest in or right to
or over the property) from a tribunal or authority, other than
the High Court, having jurisdiction under any law to
determine that matter.
3. The Chief Justice may make rules with respect to the practice and procedure of the
High Court or any other tribunal or authority in relation to the jurisdiction conferred
on the High Court by subsection (2) of this section or exercisable by the other
tribunal or authority for the purposes of that subsection (including rules with respect
to the time within which application or appeals to the High Court or applications to
the other tribunals or authority may be brought).
inconsistent with or in contravention of subsection (1) of this section-
a. to the extent that the law in question makes provision for the taking of
possession or acquisition of any property, interest or right-
i. in satisfaction of any tax, rate or due;
ii. by way of penalty for breach of the law or forfeiture in consequence
of breach of the law;
iii. as an incident of a lease, tenancy, mortgage, charge, bill of sale,
pledge or contract;
iv. in the execution of judgements or orders of a court in proceedings
for the determination of civil rights or obligations;
v. in circumstances where it is reasonably necessary so to do because
the property is in a dangerous state or likely to be injurious to the
health of human beings, animals or plants;
vi. in consequence of any law with respect to the limitation of actions;
vii. for so long as may be necessary for the purposes of any
examination, investigation, trial or enquiry or, in the case of land, for
the purposes of the carrying out thereon of work of soil conservation
or the conservation of other natural resources or work relation to
agricultural development or improvement (being work relating to
such development or improvement that the owner or occupier of the
land has been required, and has without reasonable excuse refused
or failed, to carry out),
and except so far as the provision or, as the case may be, the thing done
under the authority thereof is shown not to be reasonably justifiable in a
democratic society;
b. to the extent that the law in question makes provision for the taking of
possession or acquisition of any of the following property (including and
interest in or right to or over property), that is to say-
i. enemy property;
ii. property of a deceased person, a person of unsound mind or a
person who had not attained the age of eighteen years, for the
purpose of its administration for the benefit of the persons entitled to
the beneficial interest therein;
iii. the property of a person adjudged bankrupt or a body corporate in
liquidation, for the purpose of its administration for the benefit of the
creditors of the bankrupt or body corporate and, subject thereto, for
the benefit of other persons entitled to the beneficial interest in the
property; or
iv. property subject to a trust, for the purpose of vesting the property in
persons appointed as trustees under the instrument creating the
trust or by a court or by order of a court for the purposes of giving
effect to the trust.
5. Nothing contained in or done under the authority of any law enacted by Parliament
shall be held to be inconsistent with or in contravention of this section to the extent
that the law in question makes provision for the compulsory taking of possession of
any property, or the compulsory acquisition of any interest in or right or over
property, where that property, interest or right is held by a body corporate
established by law for public purposes in which no monies have been invested
other than monies provided by Parliament or any legislature established for the
former colony or Associated State of Antigua.
6. For the purposes of this section, "use" is "public" if it is intended to result or results
in a benefit or advantage to the public and, without prejudice to its generality,
includes any use affecting the physical, economic, social or aesthetic well-being of
the public.
PROTECTION OF PERSON OR PROPERTY FROM ARBITRARY SEARCH OR ENTRY
10.-
1. Except with his own consent, no person shall be subjected to the search of his
person or his property or the entry by others on his premises.
a. that is reasonably required in the interests of defence, public safety, public
order, public morality, public health, public revenue, town and country
planning or the development and utilisation of property in such a manner as
to promote the public benefit;
b. that authorises an office or agent of the Government, a local government
authority or a body corporate established by law for public purposes to
enter on the premises of any person in order to inspect those premises or
anything thereon for the purpose of any tax, rate or due in order to carry out
work connected with any property that is lawfully on those premises and
that belongs to the Government, or to that authority or body corporate, as
the case may be;
c. that is reasonably required for the purpose of preventing or detecting crime;
d. that is reasonably required for the purpose of protecting the rights or
freedoms of other persons; or
e. that authorises, for the purpose of enforcing the judgement or order of a
court in any proceedings, the search of any person or property by order of a
court or entry upon any premises by such order,
- and except so far as that provision or, as the case may be, anything
done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.
PROTECTION OF FREEDOM OF CONSCIENCE
11.-
1. Except with his own consent, no person shall be hindered in the enjoyment of his
freedom of conscience, and for the purposes of this section the said freedom
includes freedom of thought and of religion, freedom to change his religion or
belief, and freedom, either alone or in community with others, and both in public
and in private, to manifest and propagate his religion or belief in worship, teaching,
practice and observance.
2. Except with his own consent (or, if he is under the age, of eighteen years, the
consent of his parent or guardian) no person attending any place of education shall
be required to receive religious instruction or to take part in or attend any religious
ceremony or observance if that instruction, ceremony or observance relates to a
religion other than his own.
3. No person shall be compelled to take any oath which is contrary to his religion or
belief or to take any oath in a manner which is contrary to his religion or belief.
4. Nothing contained in or done under that authority of any law shall be held to be
question makes provision that is reasonably required-
a. in the interests of defence, public safety, public order, public morality or
public health; or
b. for the purpose of protecting the rights and freedoms of other persons,
including the right to observe and practice any religion without the
unsolicited intervention of members of any other religion,
- and except so far as that provision or, as the case may be, the thing done under
the authority thereof is shown not to be reasonably justifiable in a democratic
society.
5. Reference in this section to a religion shall be construed as including references to

a religious denomination, and cognate expressions shall be construed accordingly.
PROTECTION OF FREEDOM OF EXPRESSION INCLUDING FREEDOM OF THE

PRESS
12.-
freedom of expression.
2. For the purposes of this section the said freedom includes the freedom to hold
opinions without interference, freedom to receive information and ideas without
interference, freedom to disseminate information and ideas without interference
(whether the dissemination be to the public generally or to any person or class of
persons) and freedom from interference with his correspondence or other means of
communication.
3. For the purposes of this section expression may be oral or written or by codes,
signals, signs or symbols and includes recordings, broadcasts (whether on radio or
television), printed publications, photographs (whether still or moving), drawings,
carvings and sculptures or any other means of artistic expression.
a. that is reasonably required-
i. in the interests of defence, public safety, public order, public morality
or public health; or
ii. for the purpose of protecting the reputations, rights and freedoms of
other persons, or the private lives of persons concerned in legal
proceedings and proceedings before statutory tribunals, preventing
the disclosure of information received in confidence, maintaining the
authority and independence of Parliament and the courts, or
regulating telephony, posts, broadcasting or other means of
communication, public entertainment's, public shows; or
b. that imposes restrictions upon public officers that are reasonably required
for the proper performance of their functions,
society.
PROTECTION OF FREEDOM OF ASSEMBLY AND ASSOCIATION
13.-
freedom of peaceful assembly and association, that is to say, his right peacefully to
assemble freely and associate with other persons and in particular to form or
belong to trade unions or other associations for the promotion and protection of his
interests.
a. that is reasonably required-
i. in the interests of defence, public order, public morality or public
health; or
ii. for the purpose of protecting the rights or freedoms of other persons;
or
b. that imposes restrictions upon public officers that are reasonably required
for the proper performance of their functions,
society.
PROTECTION FROM DISCRIMINATION ON THE GROUNDS OF RACE, SEX ETC.
14.-
1. Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall
make any provision that is discriminatory either of itself or in its effect.
2. Subject to the provisions of subsections (6), (7) and (8) of this section, no person
shall be treated in a discriminatory manner by any person acting by virtue of any
law or in the performance of the functions of any public office or any public
authority.
3. In this section, the expression "discriminatory" means affording different treatment
to different persons attributable wholly or mainly to their respective descriptions by
race, place of origin, political opinions or affiliations, colour, creed, or sex whereby
persons of one such description are subjected to disabilities or restrictions to which
persons of another such description are not made subject or are accorded
privileges or advantages that are not accorded to persons of another such
description.
4. Subsection (1) of this section shall not apply to any law so far as the law makes
provision-
a. for the appropriation of public revenues or other public funds;
b. with respect to persons who are not citizens; or
c. whereby persons of any such description as is mentioned in subsection (3)
of this section may be subjected to any disability or restriction or may be
accorded any privilege or advantage that, having regard to its nature and to
special circumstances pertaining to those persons or to persons of any
other such description, is reasonably justifiable in a democratic society.
5. Nothing contained in any law shall be held to be inconsistent with or in
contravention of subsection (1) of this section to the extent that it makes provision
with respect to qualifications (not being qualifications specifically relating to race,
place of origin, political opinions or affiliations, colour, creed or sex) for service as a
public officer or as a member of a disciplined force or for the service of a local
government authority or a body corporate established by any law for public
purposes.
6. Subsection (2) of this section shall not apply to anything that is expressly or by
necessary implication authorised to be done by any such provision of law as is
referred to in subsection (4) or (5) of this section.
inconsistent with or in contravention of this section to the extent that that law in
question makes provision whereby persons of any such description as in
mentioned in subsection (3) of this section may be subjected to any restriction on
the rights and freedoms guaranteed by sections 8, 10, 11, 12 and 13 of this
Constitution, being such a restriction as is authorised by paragraph (a) or (b) of
subsection (3) of section 8, subsection (2) of section 10, subsection (4) of section
11, subsection (4) of section 12 or subsection (2) of section 13, as the case may
be.
8. Nothing in subsection (2) of this section shall affect any discretion relating to the
institution, conduct or discontinuance of civil or criminal proceedings in any court
that is vested in any person by or under this Constitution or any other law.
PROVISION TO SECURE PROTECTION OF THE LAW
15.-
1. If any person is charged with a criminal offence then, unless the charge is
withdrawn, he shall be afforded a fair hearing within a reasonable time by a
independent and impartial court established by law.
2. Every person who is charged with a criminal offence-
a. shall be presumed to be innocent until he is proved or has pleaded guilty;
b. shall be informed orally and in writing as soon as reasonably practicable, in
language that he understands, of the nature of the offence with which he is
charged;
c. shall be given adequate time and facilities for the preparation of his
defence;
d. shall be permitted to defend himself before the court in person or by a legal
practitioner of his own choice;
e. shall be afforded facilities to examine in person or by his legal
representative the witnesses called by the prosecution before the court and
to obtain the attendance and carry out the examination of witnesses to
testify on his behalf before the court on the same conditions as those
applying to witnesses called by the prosecution; and
f. shall be permitted to have without payment the assistance of an interpreter
if he cannot understand the language used at the trial of the charge, and
except with his own consent the trial shall not take place in his absence-
i. except where, under the provisions of any law entitling him thereto,
he is given adequate notice of the charge, the date, time and place
of the trial or continuance thereof and afforded a reasonable
opportunity of appearing before the court;
Provided that where the foregoing conditions have

been complied with, and the court is satisfied that
owing to circumstances beyond his control he cannot
appear, the trial shall not take place or continue in his
absence; or
ii. unless he so conducts himself as to render the continuance of the

proceedings in his presence impracticable and the court has ordered
him to be removed and the trial to proceed in his absence.
3. When a person is tried for any criminal offence the accused person or any person
authorised by him in that behalf shall, if he so requires and subject to payment of
such reasonable fees as may be prescribed by law, be given within a reasonable
time after judgement a copy of any record of the proceedings made by or on behalf
of the court.
4. No person shall be held to be guilty of a criminal offence on account of any act or
omission that did not, at the time it took place, constitute such an offence, and no
penalty shall be imposed for any criminal offence that is more severe in degree or
description than the maximum penalty that might have been imposed for that
offence at the time when it was committed.
5. No person who shows that he has been tried by a competent court for a criminal
offence and either convicted or acquitted shall again be tried for that offence or for
any criminal offence of which he could have been convicted at the trial for the
offence, save upon the order of a superior court in the course of appeal or review
proceedings relating to the conviction or acquittal.
6. No person shall be tried for a criminal offence if he shows that he has been
pardoned for that offence.
7. No person who is tried for a criminal offence shall be compelled to give evidence at
the trial.
8. Any court or other authority prescribed by law for the determination of the existence
or extent of any civil right or obligation shall be established by law and shall be
independent and impartial; and where proceedings for such a determination are
instituted by any persons before such a court or other authority, the case shall be
given a fair hearing within a reasonable time.
9. Except with the agreement of all that parties thereto, all proceedings of every court
and proceedings for the determination of the existence or extent of any civil right or
obligation before any other authority, including the announcement of the decision of
the court or other authority, shall be held in public.
10. Nothing in subsection (9) of this section shall prevent the court or other authority
from excluding from the proceedings persons other than the parties thereto and the
legal practitioners representing them to such an extent as the court or other
authority-
a. may by law be empowered to do and may consider necessary or expedient
in circumstances where publicity would prejudice the interests of justice or
in interlocutory proceedings or in the interests of public morality, the welfare
of persons under the age of eighteen years or the protection of the private
lives of persons concerned in the proceedings; or
b. may by law be empowered or required to do in the interests of defence,
public safety, public order or public morality.
inconsistent with or in contravention of-
a. subsection (2) (a) of this section, to the extent that the law in question
imposes upon any person charged with a criminal offence the burden of
proving particular facts;
b. subsection (2) (e) if this section, to the extent that the law in question
imposes reasonable conditions that must be satisfied if witnesses called to
testify on behalf of an accused person are to be paid their expenses out of
public funds; or
c. subsection (5) of this section, to the extent that the law in question
authorises a court to try a member of a disciplined force for a criminal
offence notwithstanding any trial and conviction or acquittal of that member
under the disciplinary law of that force so however, that any court so trying
such a member and convicting him shall in sentencing him to any
punishment take into account any punishment awarded him under that
disciplinary law.
12. In the case of any person who is held in lawful detention, the provisions of
subsection (1), paragraphs (d) and (e) of subsection (2), and subsection (3) of this
section shall not apply in relation to his trial for a criminal offence under the law
regulating the discipline of persons held in such detention.
inconsistent with or in contravention of subsection (2) of this section to the extent
that it authorises the trial of a defendant by a magistrate for a summary offence to
take place in the defendant's absence.
14. In this section "criminal offence" means a criminal offence under any law.
DEROGATION'S FROM FUNDAMENTAL RIGHTS AND FREEDOMS UNDER

EMERGENCY POWERS
16.- Nothing contained in or done under the authority of a law enacted by Parliament shall
be held to be inconsistent with or in contravention of section 5 or section 14 of this
Constitution to the extent that the law authorises the taking during any period of public
emergency of measures that are reasonably justifiable, for dealing with the situation that
exists in Antigua and Barbuda during that period.
PROTECTION OF PERSONS DETAINED-UNDER EMERGENCY LAWS
17.-
1. When a person is detained by virtue of any such law as is referred to in section 16

of this Constitution the following provisions shall apply, that is to say-
a. he shall, with reasonable promptitude and in any case not more than seven
days after the commencement of his detention, be informed in a language
that he understands and in detail of the grounds upon which he is detained
and furnished with a written statement in English specifying those grounds
in detail;
b. not more than fourteen days after the commencement of his detention a
notification shall be published in the Official Gazette stating that he has
been detained and giving particulars of the provision of law under which his
detention is authorised;
c. not more than one month after the commencement of his detention and
thereafter during the detention at intervals of not more than six months, his
case shall be reviewed by an independent and impartial tribunal established
by law and presided over by a suitably qualified legal practitioner of at least
seven years standing appointed by the Chief Justice;
d. he shall be afforded reasonable facilities to consult a legal representative of
his own choice who shall be permitted to make representations to the
tribunal appointed for the review of the case of the detained person; and
e. at the hearing of his case by the tribunal appointed for the review of his
case he shall be permitted to appear in person or by a legal practitioner of
his own choice.
2. On any review by a tribunal in pursuance of this section of the case of a detained
person, the tribunal may make recommendations concerning the necessity or
expediency of continuing his detention to the authority by which it was ordered but,
unless it is otherwise provided by law, that authority shall not be obliged to act in
accordance with any such recommendations.
3. Nothing contained in subsection (1) (d) or subsection (1) (e) of this section shall be
construed as entitling a person to legal representation at public expense.
ENFORCEMENT OF PROTECTIVE PROVISIONS
18.-
1. If any person alleges that any of the provisions of sections 3 to 17 (inclusive) of this
Constitution has been, is being or is likely to be contravened in relation to him (or,
in the case of a person who is detained, if any other person alleges such a
contravention in relation to the detained person), then, without prejudice to any
other action with respect to the same matter that is lawfully available, that person
(or that other person) may apply to the High Court for redress.
2. The High Court shall have original jurisdiction-
a. to hear and determine any application made by any person in pursuance of
subsection (1) of this section; and
b. to determine any question arising in the case of any person that is referred
to it in pursuance of subsection (3) of this section,
- and may make such declaration and 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 sections 3 to 17 (inclusive) of this
Constitution:
Provided that the High Court may decline to exercise its powers
under this subsection if it is satisfied that adequate means of redress
for the contravention alleges are or have been available to the
person concerned under any other law.
3. If in any proceedings in any court (other than the Court of Appeal, the High Court or
a court-martial) any question arises as to the contravention of any of the provisions
of sections 3 to 17 (inclusive) of this Constitution, 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.
4. Where any question is referred to the High Court in pursuance of subsection (3) of
this section, the High Court shall give its decision upon the question and the court
in which the question arose shall dispose of the case in accordance with that
decision or, if that decision is the subject of an appeal to the Court of Appeal or to
Her Majesty in Council, in accordance with the decision of the Court of Appeal or,
as the case may be, of Her Majesty in Council.
5. There shall be such provision as may be made by Parliament for conferring upon
the High Court such powers in addition to those conferred by this section as may
appear to be necessary or desirable for the purpose of enabling that court more
effectively to exercise the jurisdiction conferred upon it by this section.
6. The Chief Justice may make rules with respect to the practice and procedure of the
High Court in relation to the jurisdiction and powers conferred on it by or under this
section (including rules with respect to the time within which applications may be
brought and references shall be made to the High Court).
PROTECTION FROM DEROGATIONS FROM FUNDAMENTAL RIGHTS AND

FREEDOMS GENERALLY
19.- Except as is otherwise expressly provided in this Constitution, no law may abrogate,
abridge or infringe or authorise the abrogation, abridgement or infringement of any of the
fundamental rights and freedoms of the individual herein before recognised and declared.
DECLARATION OF PUBLIC EMERGENCY
20.-
1. The Governor-General may, by Proclamation which shall be published in the

Official Gazette, declare that a state of public emergency exists for the purposes of
this Chapter.
2. Every declaration shall lapse-
a. in the case of a declaration made when Parliament is sitting, at the
expiration of a period of seven days beginning with the date of publication
of the declaration; and
b. in any other case, at the expiration of a period of twenty-one days beginning
with the date of publication of the declaration, unless it has in the meantime
been approved by resolutions of both Houses of Parliament.
3. A declaration of public emergency may at any time be revoked by the Governor-
General by Proclamation which shall be published in the Official Gazette.
4. A declaration of public emergency that has been approved of by resolutions of the
Houses of Parliament in pursuance of subsection (2) of this section shall, subject to
the provisions of subsection (3) of this section, remain in force so long as the
resolutions of those Houses remain in force and no longer.
5. A resolution of a House of Parliament passed for the purposes of this section shall
remain in force for three months or such shorter period as may be specified
therein:
Provided that any such resolution may be extended from time to time by a further
such resolution each extension not exceeding three months from the date of the
resolution effecting the extension and any such resolution may be revoked at any
time by a resolution of that House.
6. Any provision of this section that a declaration of emergency shall lapse or cease
to be in force at any particular time is without prejudice to the making of a further
such declaration whether before or after that time.
7. A resolution of a House of Parliament for the purposes of subsection (2) of this
section and a resolution extending any such resolution shall not be passed unless
it is supported by the votes of a majority of all members of that House.
8. The Governor-General may summon the Houses of Parliament to meet for the
purposes of subsection (2) of this section notwithstanding that Parliament stands
dissolved, and the persons who were members of the Senate and the House
immediately before the dissolution shall be deemed, for those purposes, still to be
members of those Houses, but, subject to the provisions of sections 33 and 42 of
this Constitution (which relate to the election of the President, Vice-President, the
Speaker, and the Deputy Speaker) a House of Parliament shall not, when
summoned by virtue of this subsection, transact any business other than debating
and voting upon a resolution for the purpose of subsection (2) of this section.
INTERPRETATION AND SAVINGS
21.-
1. In this Chapter, unless the context otherwise requires- "contravention", in relation to

any requirement, includes a failure to comply with that requirement, and cognate
expressions shall be construed accordingly;
"court" means any court of law having jurisdiction in Antigua and Barbuda other
that a court established by a disciplinary law, and includes Her Majesty in Council
and, in section 4 of this Constitution, a court established by a disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplined force" means-
a. a naval, military or air force;

b. the Police force; or
c. a prison service;
"member", in relation to a disciplined force, includes any person who, under the law
regulating the discipline of that force, is subject to that discipline;
"legal practitioner" means a person entitled to practice as a barrister in Antigua and

Barbuda or, except in relation to proceedings before a court in which a solicitor has
no right of audience, entitled to practice as a solicitor in Antigua and Barbuda.
2. In relation to any person who is a member of a disciplined force raised under any
law, nothing contained in or done under the authority of the disciplinary law of that
force shall be held to be inconsistent with or in contravention of any of the
provisions of this Chapter other than sections 4, and 7 of this Constitution.
3. In relation to any person who is a member of a disciplined force raised otherwise
than as aforesaid and lawfully present in Antigua and Barbuda, nothing contained
in or done under the authority of the disciplinary law of that force shall be held to be
inconsistent with or in contravention of any of the provisions of this Chapter.
4. In this Chapter "public emergency" means any period during which-
a. Her Majesty is at war; or
b. there is in force a declaration of emergency under section 20 of this
Constitution, or there are in force resolutions 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 Antigua and Barbuda
are threatened by subversion.
5. A Proclamation made by the Governor-General shall not be affective for the
purposes of section 20 of this Constitution unless it contains a declaration that the
Governor-General is satisfied-
a. that a public emergency has arisen as a result of the imminence of a state
of war between Her Majesty and a foreign State or as a result of the
occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence,
outbreak of infectious disease or other calamity whether similar to the
foregoing or not; or
b. that action has been taken or is immediately threatened by any person or
body of persons 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.
CHAPTER III
THE GOVERNOR-GENERAL
ESTABLISHMENT OF OFFICE
22.- There shall be a Governor-General of Antigua and Barbuda who shall be a citizen
appointed by Her Majesty and shall hold office during Her Majesty's pleasure and who
shall be Her Majesty's representative in Antigua and Barbuda.
ACTING GOVERNOR-GENERAL
23.-
1. During any period when the office of Governor-General is vacant or the holder of
the office of Governor-General is absent from Antigua and Barbuda 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.
2. Any such person as aforesaid shall not continue to perform the functions of the
office of Governor-General if the holder of the office of Governor-General has
notified him that he is about to assume or resume those functions.
3. The holder of the office of Governor-General shall not for the purposes of this
section, be regarded as absent from Antigua and Barbuda or as unable to perform
the functions of his office-
a. by reason that he is in passage from one part of Antigua and Barbuda to
another; or
b. at any time when there is a subsisting appointment of a deputy under
section 25 of this Constitution.
OATHS
24.- A person appointed to hold or act in the office of Governor-General shall, before
entering upon the duties of that office, take and subscribe the oath of allegiance and the
oath of office.
DEPUTY TO GOVERNOR-GENERAL
25.-
1. When the Governor-General-

a. has occasion to be absent from the seat of government but not from
Antigua and Barbuda;
b. has occasion to be absent from Antigua and Barbuda for a period that he
considers, in his discretion, will be of short duration,
- he may, acting in accordance with the advice of the Prime Minister, appoint any
person in Antigua and Barbuda 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.
2. The power and authority of the Governor-General shall not be abridged, altered or
in any way affected by the appointment of a deputy under this section, and subject
to the provisions of this Constitution, a deputy shall conform to and observe all
instructions that the Governor-General, in his discretion, may from time to time
address to him:
Provided that the question whether or not a deputy has conformed to and observed
any such instructions shall not be enquired into by any court of law.
3. A person appointed as deputy under this section shall hold that appointment for
such period as may be specified in the instrument by which he is appointed, and
his appointment may be revoked at any time by the Governor-General, acting in
accordance with the advice of the Prime Minister.
PUBLIC SEAL
26.- The Governor-General shall keep and use the Public Seal for sealing all things that
shall pass under the Public Seal.
CHAPTER IV
PARLIAMENT
PART 1
ESTABLISHMENT AND COMPOSITION OF PARLIAMENT
ESTABLISHMENT OF PARLIAMENT
27.- There shall be a Parliament in and for Antigua and Barbuda which shall consist of Her
Majesty, a Senate and a House of Representatives.
THE SENATE
COMPOSITION OF THE SENATE
28.-
1. The Senate shall consist of seventeen persons who, being qualified for
appointment as Senators in accordance with the provisions of this Constitution,
have been so appointed in accordance with the provisions of this section and such
temporary members (if any) as may be appointed in accordance with the provisions
of section 32 of this Constitution.
2. Ten Senators shall be appointed by the Governor-General acting in accordance
with the advice of the Prime Minister.
3. Four Senators shall be appointed by the Governor-General acting in accordance
with the advice of the Leader of the Opposition.
4. Subject to subsection (7) of this section, one Senator shall be appointed by the
Governor-General in his discretion from outstanding persons or persons
representing such interests as the Governor-General considers ought to be
represented in the Senate.
5. One Senator shall be appointed by the Governor-General acting in accordance
with the advice of the Barbuda Council.
6. One Senator, being an inhabitant of Barbuda, shall be appointed by the Governor-
General in accordance with the advice of the Prime Minister.
7. Before appointing any person representing interests under subsection (4) of this
section the Governor-General shall consult such persons as in his discretion he
considers can speak for the interests concerned and ought to be consulted.
QUALIFICATIONS FOR APPOINTMENT AS SENATORS

29.- Subject to provisions of section 30 of this Constitution any person who at the date of
his appointment-
a. is a citizen of the age of twenty-one years or upwards;

b. has resided in Antigua and Barbuda for a period of twelve months immediately
preceding the date of his appointment; and
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,
- shall be qualified to be appointed as a Senator.
DISQUALIFICATION FROM APPOINTMENT AS SENATORS
30.-
1. No person shall be qualified to be appointed as a Senator who-

a. is, by virtue of his own act, under any acknowledgement or allegiance,
obedience or adherence to a foreign power or state;
b. is a member of the House;
c. is an undischarged bankrupt, having been declared bankrupt under any
law;
d. is a person certified to be insane or otherwise adjudged to be of unsound
mind under any law;
e. is under sentence of death imposed on him by a court or has been
sentenced to imprisonment (by whatever name called) for a term of or
exceeding twelve months and has not either suffered the punishment to
which he was sentenced or such other punishment as may be competent
authority have been substituted therefor, or received a free pardon;
f. is disqualified for election to the House by or under any law by reason of his
connection with any offence relating to elections;
g. holds or is acting in any public office or in the office of judge of the Supreme
Court or Ombudsman, or is a member of the Constituencies Boundaries
Commission, the Judicial and Legal Services Commission, the Public
Service Commission or the Police Service Commission;
h. has, within the period of ten years immediately preceding the proposed date
of his appointment as a Senator, been convicted on indictment by a court of
competent jurisdiction of theft, fraud or other such crime involving
dishonesty and who-
i. has not appealed against that conviction; or
ii. has appealed against that conviction and whose appeal has not
been allowed; and
iii. has not received a free pardon in respect of the offence; or
i. is a minister of religion.
2. Without prejudice to the provisions of subsection (1) (g) of this section, Parliament
may provide that person shall not be qualified for appointment as a Senator in any
of the following cases-
a. if he holds or is acting in any office that is specified by Parliament and the
functions of which involve responsibility for, or in connection with the
conduct of an election or the compilation or revision of any register of
electors for the purposes of an election;
b. subject to any exceptions and limitations prescribed by Parliament, if-
i. he holds or is acting in any office or appointment prescribed by
Parliament either individually or by reference to a class of office or
appointment;
ii. he belongs to any armed force of Antigua and Barbuda or to any
class of person that is comprised in any such force; or
iii. he belongs to the Police Force or to any class of person that is
comprised in the Police Force.
3. For the purpose of subsection (1) (e) of this section-
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.
TENURE OF OFFICE OF SENATORS
31.-
1. Every Senator shall vacate his seat in the Senate-

a. at the next dissolution of Parliament after he has been appointed;
b. if he is with his consent nominated as a candidate for election to the House;
c. if he ceases to be a citizen;
d. if he is absent from the sittings of the Senate for such period or periods and
in such circumstances as may be prescribed by the rules of procedure of
the Senate;
e. subject to the provisions of subsection (2) of this section, if 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
30 of this Constitution or of any law enacted in pursuance of subsection (2)
of that section;
f. if the Governor-General, acting in accordance with the advice of 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 accordance
with the advice of the Barbuda Council 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;
g. if, having been appointed under the provisions of section 28(6) of this
Constitution, he ceases to be an inhabitant of Barbuda.
2.
a. If circumstances such as are referred to in subsection (1) (e) of this section
arise because a Senator is convicted of a felony or of any other offence
involving dishonesty, sentenced to death or imprisonment, adjudged to be
of unsound mind, or declared bankrupt or is convicted of any offence
relating to elections in circumstances that disqualify him for election to the
House, 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 subsection, he shall not vacate his seat until the expiration
of thirty days thereinafter:
Provided that the President may, at the request of the

Senator, 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.
b. If on the determination of an appeal, such circumstances continue to exist

and no further appeal is open to the Senator, or if, 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.
c. If at any time before the Senator vacates his seat such circumstances as
aforesaid cease to exist his seat shall not become vacant on the expiration
of the period referred to in paragraph (a) of this subsection and he may
resume the performance of his functions as a Senator.
APPOINTMENT OF TEMPORARY SENATORS.
32.-
1. Whenever a Senator is incapable of performing his functions as a Senator by

reason of his absence from Antigua and Barbuda or by reason of his suspension
under section 31(2) of this Constitution or by reason of illness, the Governor-
General may appoint a person qualified for appointment as a Senator to be
temporarily a member of the Senate during such absence, suspension or illness.
2. The provisions of section 31 of this Constitution shall apply to a member of the
Senate appointed under this section as they apply to a Senator appointed under
section 28 of this Constitution and a appointment made under this section shall in
any case cease to have effect if the person appointed is notified by the Governor-
General that the circumstances giving rise to his appointment have ceased to exist.
3. In the exercise of the powers conferred upon him by this section, the Governor-
General shall act-
a. in accordance with the advice of the Prime Minister in relation to a Senator
appointed in pursuance of section 28(2) or 28(6) of this Constitution;
b. in accordance with the advice of the leader of the Opposition in relation to a
Senator appointed in pursuance of section 28(3) of this Constitution;
c. in his discretion in relation to a Senator appointed by him pursuant to
section 28(4) of this Constitution; and
d. in accordance with the advice of the Barbuda Council in relation to a
Senator appointed in pursuance of section 28(5) of this Constitution.
PRESIDENT AND VICE-PRESIDENT.

33.-
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, and if
the office of President falls vacant at any time before the next dissolution of
Parliament, the Senate shall, as soon as practicable, elect another Senator to be
President.
2. When the Senate first meets after any general election and before it proceeds to
any other business except the election of the President, it shall elect a Senator to
be Vice-President; and if the office of Vice-President falls vacant at any time before
the next dissolution of Parliament, the Senate shall, as soon as practicable, elect
another Senator to be Vice-President.
3. The Senate shall not elect a Senator who is a Minister or Parliamentary Secretary
to be President of Vice-President.
4. No business (other than the election of a President) shall be transacted in the
Senate at any time when the office of the President is vacant.
5. A person shall vacate the office of President or Vice-President-
a. if he ceases to be a Senator, except that the President 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; or
b. if he is appointed to be a Minister or Parliamentary Secretary or;
c. in the case of the Vice-President, if he is elected to be President.
6.
a. If, under section 31(2) of this Constitution, the person who is President or
Vice-President is suspended from the performance of his functions as a
Senator, he shall also cease to perform his functions as President or Vice-
President, as the case may be, and those functions shall, until he vacates
his seat in the Senate or resumes the performance of his functions as
Senator, be performed-
i. in the case of the President, by the Vice-President or if the office of
Vice-President is vacant or the person who is Vice-President is
suspended from the performance of his functions as a Senator
under section 31(2) of this Constitution, by such Senator (not being
a Minister or a Parliamentary Secretary) as the Senate may elect for
the purpose; and
ii. in the case of the Vice-President, by such Senator (not being a
Minister or Parliamentary Secretary) as the Senate may elect for the
purpose.
b. If the President or Vice-President resumes the performance of his functions
as a Senator in accordance with the provisions of section 31(2) of this
Constitution, he shall also resume the performance of his functions as
President or Vice-President, as the case may be.
ATTENDANCE OF ATTORNEY-GENERAL AT PROCEEDINGS OF SENATE.
34.- The President, Vice-President or other member presiding in the Senate may request
the Attorney-General to attend any proceedings of the Senate if he considers that the
business before the Senate in those proceedings makes the presence of the Attorney-
General desirable; and where he is so requested the Attorney-General may take part in
the proceedings of the Senate solely for the purpose of giving explanations concerning
matters before the Senate in those proceedings and he shall not vote in the Senate.
ATTENDANCE AT PROCEEDINGS OF SENATE OF MINISTERS WHO ARE MEMBERS
OF THE HOUSE.
35.-
1. The President, Vice-President or other member presiding in the Senate may

request a Minister who is a member of the House to attend any proceedings of the
Senate if he considers that the business before the Senate in those proceedings
falls within the portfolio of the Minister concerned and if he considers the presence
of such Minister desirable.
2. A Minister who is so requested to attend any proceedings of the Senate may take
part in the proceedings solely for the purpose of giving explanations concerning
matters falling within his portfolio and he shall not vote in the Senate.
THE HOUSE OF REPRESENTATIVES
COMPOSITION OF THE HOUSE.
36.-
1. Subject to the provisions of this section, the House shall consist of a number of
elected members equal to the number of constituencies from time to time
established by Order under Part 4 of this Chapter, who shall be elected in such a
manner as may, subject to the provisions of this Constitution, be prescribed by or
under any Act of Parliament.
2. If the person holding the office of Speaker is not otherwise a member of the House,
he shall be a member of the House by virtue of holding that office.
3. If the person holding or acting in the office of Attorney-General is not otherwise a
member of the House he shall be a member of the House by virtue of holding or
acting in that office but shall not vote in the House.
ATTENDANCE AT PROCEEDINGS OF THE HOUSE OF MINISTERS WHO ARE

SENATORS.
37.-
1. The Speaker, Deputy Speaker or other member presiding in the House may
request a Minister who is a Senator to attend any proceedings of the House if he
considers that the business before the House in those proceedings falls within the
portfolio of the Minister concerned and if he considers the presence of such
Minister desirable.
2. A Minister who is so requested to attend any proceeding of the House may take
part in the proceedings solely for the purpose of giving explanations concerning
matters falling within his portfolio and he shall not vote in the House.
QUALIFICATIONS FOR ELECTION AS A MEMBER OF THE HOUSE.
38.- Subject to the provisions of section 39 of this Constitution, any person who at the date
of his election-
a. is a citizen of the age of twenty-one years or upwards;
b. has resided in Antigua and Barbuda for a period of twelve months immediately
preceding the date of his election; and
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.
- shall be qualified to be elected as a member of the House.
DISQUALIFICATION'S FROM ELECTION AS A MEMBER OF THE HOUSE.
39.-
1. No person shall be qualified to be elected as a member of the House who-

a. is, by virtue of his own act, under any acknowledgement of allegiance,
obedience or adherence to a foreign power or state;
b. is a Senator or temporary member of the Senate;
c. is an undischarged bankrupt, having been declared bankrupt under any
law;
d. is a person certified to be insane or otherwise adjudged to be of unsound
mind under any law;
e. is under sentence of death imposed on him by a court or has been
sentenced to imprisonment (by whatever name called) for a term of or
exceeding twelve months and has not either suffered the punishment to
which he was sentenced or such other punishment as may by competent
authority have been substituted therefor, or received a free pardon;
f. is disqualified for appointment to the House by or under any law by reason
of his connection with any offence relating to elections;
g. holds or is acting in any public office or in the office of judge of the Supreme
Court or Ombudsman or is a member of the Constituencies Boundaries
Commission, the Judicial and Legal Services Commission, the Public
Service Commission or the Police Service Commission;
h. has, within the period of ten years immediately preceding the proposed date
of his election as a member of the House, been convicted on indictment by
a court of competent jurisdiction of theft, fraud, or other such crime involving
dishonesty and who-
i. has not appealed against that conviction, or
ii. has appealed against that conviction and whose appeal has not
been allowed; and
iii. has not received a free pardon in respect of the offence; or
i. is a minister of religion.
2. Without prejudice to the provisions of subsection (1) (g) of this section, Parliament
may provide that a person shall not be qualified for election as a member of the
House in any of the following cases-
a. if he holds or is acting in any office that is specified by Parliament and the
functions of which involve responsibility for, or in connection with, the
conduct of an election or the compilation or revision of any register of
electors for the purposes of an election;
b. subject to any exceptions and limitations prescribed by Parliament, if-
i. he holds or is acting in any office or appointment prescribed by
Parliament either individually or by reference to a class of office or
appointment; or
ii. he belongs to any armed force of Antigua and Barbuda or to any
class of person that is comprised in any such force.
3. For the purpose of subsection (1) (e) of this section.
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 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.
ELECTION OF MEMBERS OF THE HOUSE.
40.-
1. Each of the constituencies established in accordance with the provisions of section

62 of this Constitution shall return one member to the House who shall be directly
elected in such manner as may, subject to the provisions of this Constitution, be
prescribed by or under any law.
2. Every Commonwealth citizen of the age of eighteen years or upwards who
possesses such qualifications relating to residence or domicile in Antigua and
Barbuda as parliament may prescribe shall, unless he is disqualified by any law
from registration as a voter for the purpose of electing a member of the House, be
entitled to be registered as such a voter in accordance with the provisions of any
law in that behalf and no other person may be registered.
3. Every person who is registered as a voter in pursuance of subsection (2) of this
section in any constituency shall, unless he is disqualified by any law from voting in
that constituency in any election of members of the House, be entitled so to vote in
accordance with the provisions of any law in that behalf.
4. In any election of members of the House the votes shall be exercised freely and
shall be given by secret ballot in such manner as parliament may prescribe.
TENURE OF SEATS OF MEMBERS OF THE HOUSE.
41.-
1. Every member of the House shall vacate his, seat in the House-
a. at the next dissolution of Parliament after he has been elected;
b. if he ceases to be a citizen;
c. if he is absent from the sittings of the House for such period or periods and
in such circumstances as may be prescribed in the rules of procedure of the
House;
d. subject to the provisions of subsection (2) of this section, if any
circumstances arise that, if he were not a member of the House, would
cause him to be disqualified from election as such by virtue of section 39(1)
of this Constitution; or
e. if, having been elected to the House by virtue of being a member of a
political party, he resigns his party whip and withdraws his allegiance from
that party:
Provided that he shall not be required to vacate his seat so long as he remains an
independent member of the House.
2.
a. If circumstances such as are referred to in subsection (1) (d) of this section
arise because a member of the House is convicted of a felony or of any
other offence involving dishonesty, sentenced to death or imprisonment,
adjudged to be of unsound mind, or declared bankrupt, or is convicted of
any offence relating to elections in circumstances that disqualify him for
election to the House, 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 provision of this section, he shall not vacate his
seat until the expiration of a period of thirty days thereafter:
Provided that the Speaker may, at the request of the

member 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.
b. If on the determination of any appeal, such circumstances continue to exist

and no further appeal is open to the member, or if, by reason of the
expiration of any period for entering an appeal or notice thereof or the
refusal to leave to appeal or for any other reason, it ceases to be open to
the member to appeal, he shall forthwith vacate his seat.
c. If at any time before the member of the House vacates his seat such
circumstances as aforesaid cease to exist, his seat shall not become vacant
on the expiration of the period referred to in paragraph (a) of this subsection
and he may resume the performance of his functions as a member of the
House.
3. Where an elected member of the House vacates his seat in the House pursuant to
the provisions of paragraph (b) to (e) of subsection (1) of this section or of
subsection (2) of this section or where the seat of an elected member of the House
is vacant for any other reason except a dissolution of Parliament, there shall be a
by-election to fill the seat in the House vacated by that member and the by-election
shall be held no later than one hundred and twenty days after the day on which the
seat of the member of the House became vacant unless Parliament is sooner
dissolved.
SPEAKER AND DEPUTY SPEAKER.
42.-
1. When the House 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; 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.
2. The Speaker may be elected either from among the members of the House or from
among persons who are not members of the House but are qualified to be elected
as such.
3. When the House first meets after any general election, and before it proceeds to
any other business except the election of the Speaker, it shall elect a member of
the House to be Deputy Speaker, 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.
4. The House shall not elect a member who is a Minister or Parliamentary Secretary
to be a Speaker or Deputy Speaker of the House.
5. No business (other than the election of a Speaker) shall be transacted in the House
at any time when the office of Speaker is vacant.
6. A person shall vacate the office of Speaker-
a. in the case of a Speaker elected from among persons who are not
members of the House-
i. when the House first meets after any dissolution of Parliament; or
ii. if he ceases to be a citizen;
iii. if any circumstances arise that would cause him to be disqualified
for election as a member of the House by virtue of any of the
provisions of section 39 of this Constitution; or
b. in the case of a Speaker elected from among the members of the House-
i. if he ceases to be a member of the House except 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 the dissolution; or
ii. if he is appointed to be a Minister or Parliamentary Secretary.
7. A person shall vacate the office of Deputy Speaker-
a. if he ceases to be a member of the House;
b. if he is appointed to be a Minister or a Parliamentary Secretary; or
c. if he is elected to be Speaker.
8.
a. If, by virtue of section 41(2) of this Constitution, the Speaker or Deputy
Speaker is required to cease to perform his functions as a member of the
House, 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-
i. 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 by virtue
of section 41(2) of this Constitution, by such member of the House
(not being a Minister or Parliamentary Secretary) as the House may
elect for the purpose; or
ii. in the case of the Deputy Speaker, by such member of the House
(not being a Minister or Parliamentary Secretary) as the House may
elect for the purpose.
9. If the Speaker or Deputy Speaker resumes the performance of his functions as a
member of the House in accordance with the provisions of section 41(2) of this
Constitution, he shall also resume the performance of his functions as Speaker or
Deputy Speaker, as the case may be.
CLERKS TO HOUSES OF PARLIAMENT AND THEIR STAFFS.
43.-
1. There shall be a Clerk to the Senate and a Clerk to the House but the two offices
may be held by the same person.
2. Subject to the provisions of any law enacted by Parliament, the office of Clerk of
each House of Parliament and the offices of the members of their staff shall be
public offices.
DETERMINATION OF QUESTIONS OF MEMBERSHIP.
44.-
1. The High Court shall have jurisdiction to hear and determine any question whether-
a. any person has been validly elected as a member of the House;
b. any person has been validly appointed as a Senator or as a temporary
member of the Senate;
c. any person who has been elected as Speaker from among persons who
were not members of the House was qualified to be so elected or has
vacated the office of Speaker; or
d. any member of the House has vacated his seat or is required under the
provisions of section 41(2) of this Constitution to cease to perform any of
his functions as a member of the House.
2. Any application to the High Court for the determination of any question under
subsection (1) (a) of this section may be made by any person entitled to vote in the
election to which the application relates or by any person who was a candidate at
that election or by the Attorney-General.
3. An application to the High Court for the determination of any question under
subsection (1) (b) or subsection (1) (c) of this section may be made by any member
of the House or by the Attorney-General.
4. An application to the High Court for the determination of any question under
subsection (1) (d) of this section may be made-
a. by any member of the House or by the Attorney-General; or
b. in the case of the seat of a member of the House; by any person registered
in some constituency as a voter for the purpose of electing members of the
House.
5. If any application is made by a person other than the Attorney-General to the High
Court for the determination of any question under this section, the Attorney-
General may intervene and may then appear or be represented in the proceedings.
6. An appeal shall lie as of right to the Court of Appeal from any final decision of the
High Court determining such a question as is referred to in subsection (1) of this
section.
7. The circumstances and manner in which and the imposition of conditions upon
which any application may be made to the High Court for the determination of any
question under this section and the powers, practice and procedure of the High
Court and the Court of Appeal in relation to any such application shall be regulated
by such provision as may be made by Parliament.
8. No appeal shall lie from any decision of the Court of Appeal in exercise of the
jurisdiction conferred by subsection (6) of this section and no appeal shall lie from
any decision of the High Court in proceedings under this section other than a final
decision determining such a question as is referred to in subsection (1) of this
section.
9. In the exercise of his functions under this section the Attorney-General shall not be
subject to the direction or control of any other person or authority.
UNQUALIFIED PERSONS SITTING OR VOTING.
45.-
1. Any person who sits or votes in either House of Parliament knowing or having
reasonable grounds for knowing that he is not entitled to do so shall be guilty of an
offence and liable to a fine not exceeding five hundred dollars, or such other sum
as may be prescribed by Parliament, for each day on which he or she sits or votes
in that House.
2. Any prosecution for an offence under this section shall be instituted in the High
Court and shall not be so instituted except by the Director of Public Prosecutions.
PART 2
POWERS AND PROCEDURE OF PARLIAMENT
POWER TO MAKE LAWS.
46.- Subject to the provisions of this Constitution, Parliament may make laws for the
peace, order and good government of Antigua and Barbuda.
ALTERATION OF THIS CONSTITUTION AND SUPREME COURT ORDER.
47.-
1. Parliament may alter any of the provisions of this Constitution or of the Supreme
Court Order in the manner specified in the following provisions of this section.
2. A bill to alter this constitution or the Supreme Court Order shall not be regarded as
being passed by the House unless on its final reading in the House the bill is
supported by the votes of not less than two-thirds of all the members of the House.
3. An amendment made by the Senate to such a bill as is referred to in subsection (2)
of this section that has been passed by the House shall not be regarded as being
agreed to by the House for the purpose of section 55 of this Constitution unless
such agreement is signified by resolution supported by the votes of not less than
two-thirds of all the members of the House.
4. For the purposes of section 55(4) of this Constitution, an amendment of a bill to
alter this Constitution or the Supreme Court Order shall not be suggested to the
Senate by the House unless a resolution so to suggest the amendment has been
supported by the votes of not less than two-thirds of all the members of the House.
5. A bill to alter this section, schedule 1 to this constitution or any of the provisions of
this Constitution specified in Part I of that schedule or any of the provisions of the
Supreme Court Order specified in Part II of that schedule shall not be submitted to
the Governor-General for his assent unless-
a. there has been an interval of not less than ninety days between the
introduction of the bill in the House and the beginning of the proceedings in
the House on the second reading of the bill in that House;
b. after it has been passed by both Houses of Parliament or, in the case of a
bill to which section 55 of this Constitution applies, after its rejection by the
Senate for the second time; and
c. the bill has been approved on a referendum, held in accordance with such
provisions as may be made in that behalf by Parliament, by not less than
two- thirds of all the votes validly cast on that referendum.
6. Every person who, at the time when the referendum is held, would be entitled to
vote in elections of members of the House shall be entitled to vote on referendum
held for the purposes of this section in accordance with such procedures as may
be prescribed by parliament for the purposes of the referendum and no other
person shall be entitled so to vote.
7. The conduct of any referendum for the purposes of subsection (5) of this section
shall be under the general supervision of the Supervisor of Elections and shall be
in accordance with such provisions as may be made in that behalf by Parliament.
8.
a. A bill to alter this Constitution or the Supreme Court Order shall not be
submitted to the Governor-General for his assent unless it is accompanied
by a certificate under the hand of the Speaker (or, if the Speaker is for any
reason unable to exercise the functions of his office, the Deputy Speaker)
that the provisions of subsection (2), (3) or (4), as the case may be, of this
section have been complied with and, where a referendum has been held,
by a certificate of the Supervisor of Elections stating the results of the
referendum.
b. The certificate of the Speaker or, as the case may be, the Deputy Speaker
under this subsection (2), (3) or (4) of this section have been complied with
and shall not be enquired into in any court of law.
OATH OF ALLEGIANCE BY MEMBERS OF PARLIAMENT.
48.-
1. No member of either House of Parliament shall take part in the proceedings of that
House (other than proceedings necessary for the purpose of this section) until he
has made and subscribed before that House the oath of allegiance:
Provided that the election of a President or Vice-President and the election of a

Speaker and Deputy Speaker may take place before the members of the Senate or
the House, as the case may be, have made and subscribed such oath.
2. References in this section to a member of a House of parliament include

references to any person who is a member of the House by virtue of holding the
office of Speaker or by virtue of holding or acting in the office of Attorney-General.
PRESIDING IN SENATE AND HOUSE.
49.-
1. The President or, in his absence, the Vice-President or, if they are both absent, a
Senator (not being a Minister or a Parliamentary Secretary) elected by the Senate
for that sitting shall preside at any sitting of the Senate:
Provided that the President or Vice-President, as the case may be, shall not
preside when a motion for his removal from office is before the Senate.
2. The Speaker, or in his absence, the Deputy Speaker, or if they are both absent, a
member of the House (not being a Minister or Parliamentary Secretary) elected by
the House for that sitting shall preside at any sitting of the House:
Provided that the speaker or Deputy Speaker, as the case may be, shall not
preside when a motion for his removal from office is before the House.
QUORUM.
50.-
1. If at any sitting of either House of Parliament any member of that House who is
present draws the attention of the person presiding at the sitting to the absence of
a quorum and, after such interval as may be prescribed in the rules of procedure of
that House, the person presiding at the sitting ascertains that a quorum of that
House is still not present, that House shall be adjourned.
2. For the purpose of this section a quorum of the Senate shall consist of six
members, and a quorum of the House shall consist of six members or such greater
number in each case as may be prescribed by Parliament and in neither case shall
the person presiding at the sitting be included in reckoning whether there is a
quorum present.
VOTING.
51.-
1. Save as otherwise provided in this Constitution, any question proposed for decision
in a House of Parliament shall be determined by a majority of the votes of the
members present and voting.
2. The President or other member presiding in the Senate and the Speaker or other
member presiding in the House shall not vote unless on any question the votes are
equally divided, in which case, except as otherwise provided in this section, he
shall have and exercise a casting vote:
Provided that in the case of the question of the final reading of a bill as a referred to
in section 47(2) of this Constitution a Speaker or other member presiding in the
House who is an elected member of the House shall have an original vote but no
casting vote.
3. A Speaker who is not an elected member of the House shall have neither an
original nor a casting vote and if, upon any question before the House when such a
Speaker is presiding, the votes of the members are equally divided, the motion
shall be lost.
MODE OF EXERCISING LEGISLATIVE POWER.
52.-
1. The power of Parliament to make laws shall be exercised by bills passed by the
Senate and the House (or in the cases mentioned in sections 54 and 55 of this
Constitution by the House) and assented to by the Governor-General on behalf of
Her Majesty.
2. When a bill is presented to the Governor-General for assent in accordance with this
Constitution, he shall signify that he assents thereto.
3. When the Governor-General assents to a bill that has been submitted to him in
accordance with the provisions of this Constitution the bill shall become law and
the Clerk of the House shall thereupon cause it to be published in the Official
Gazette as law.
4. No law made by Parliament shall come into operation until it has been published in
the Official Gazette but Parliament may postpone the coming into operation of any
such law.
RESTRICTIONS WITH REGARD TO CERTAIN FINANCIAL MEASURES.
53.-
1. A bill other than a money bill may be introduced in either House of Parliament; a
money bill shall not be introduced in the Senate.
2. Except on the proposal of a Minister authorised so to do by the Cabinet, neither
House shall-
a. proceed upon any bill (including any amendment to a bill) that, in the
opinion of the person presiding, makes provision for any of the following
purposes:-
i. for the imposition of taxation or the alteration of taxation otherwise
than by reduction;
ii. for the imposition of any charge upon the Consolidated Fund or any
other public fund of Antigua and Barbuda or the alteration of any
such charge otherwise than by reduction:
iii. for the payment, issue or withdrawal from the Consolidated Fund or
any other public fund of Antigua and Barbuda of any monies not
charged thereon or any increase in the amount of such payment,
issue or withdrawal; or
iv. for the composition or remission of any debt due to the Crown; or
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 those purposes.
RESTRICTIONS ON POWERS OF SENATE AS TO MONEY BILLS.

54.-
1. If a money bill, having been passed by the House 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 otherwise resolves, be presented to the Governor-General 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 Governor-General for assent in
pursuance of subsection (1) of this section, 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.
RESTRICTIONS ON POWERS OF SENATE AS TO BILLS OTHER THAN MONEY

BILLS.
55.-
1. This section applies to any bill other than a money bill that is passed by the House
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.
2. A bill to which this section applies shall, on its rejection for the second time by the
Senate, unless the House otherwise resolves, be submitted to the Governor-
General for assent notwithstanding that the Senate has not consented to the bill:
Provided that-
a. the foregoing provisions of this subsection shall not have effect unless at
least three months have elapsed between the date on which the bill is
passed by the House in the first session and the date on which it is passed
by the House in the second session; and
b. a bill such as is referred to in subsection (5) of section 47 of this
Constitution shall not be submitted to the Governor-General for his assent
unless the provisions of that subsection have been complied with and the
power conferred on the House by this subsection to resolve that a bill shall
not be presented to the Governor-General for assent shall not be exercised
in respect of such a bill.
3. For the purposes of this section a bill that is sent to the Senate from the House 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 may, if it thinks fit, on the passage trough the 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; but the exercise of this power by the house shall not affect the
operation of this section in the event of the rejection of the bill in the Senate.
5. There shall be inserted in any bill that is submitted to the Governor-General 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.
6. There shall be endorsed on any bill that is presented to the Governor-General 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.
PROVISIONS RELATING TO SECTIONS 53, 54 AND 55.
56.-
1. In sections 53, 54 and 55 of this Constitution, "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, the imposition, repeal, remission, alteration or
regulation of taxation; 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; the grant of money to the Crown or to any authority or person, or the
variation or revocation of any such grant; the appropriation, receipt, custody,
investment, issue or audit of accounts of public money; 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
subordinate matters incidental to any of the matters aforesaid; and in this
subsection 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.
2. For the purposes of section 52 of this Constitution, a bill shall be deemed to be
rejected by the Senate if-
a. it is not passed by the Senate without amendment; or
b. it is passed by the Senate with any amendment that is not agreed to by the
House.
3. Whenever the office of Speaker is vacant or the Speaker is for any reason unable
to perform any function conferred on him by section 54 or 55 of this Constitution or
subsection (1) of this section, that function may be performed by the Deputy
Speaker.
4. Any certificate of the Speaker or Deputy Speaker given under section 54 or 55 of
this Constitution shall be conclusive for all purposes and shall not be questioned in
any court of law.
REGULATION OF PROCEDURE OF HOUSES OF PARLIAMENT.
57.-
1. Subject to the provisions of this Constitution, each House of Parliament may

regulate its own procedure and may in particular make rules for the orderly conduct
of its own proceedings.
2. Each House of Parliament may act notwithstanding any vacancy in its membership
(including any vacancy not filled when the House first meets after any general
election) 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.
FREEDOM OF SPEECH IN PROCEEDINGS OF PARLIAMENT.
58.-
1. Without prejudice to any provision made by Parliament relating to the powers,

privileges and immunities of Parliament and its committees, or the privileges and
immunities of the members and officers of either House of Parliament and of other
persons concerned in the business of Parliament or its committees, no civil or
criminal proceedings may be instituted against any member of either House of
Parliament for words spoken before, or written in a report to, the House of
Parliament of which he is a member or a committee thereof or any joint committee
of the Senate and the House or by reason of any matter or thing brought by him
therein by petition, bill, resolution, motion or otherwise.
2. References in this section to a member of a House of Parliament include
references to any person who is a member of the House by virtue of holding the
office of Speaker or by virtue of holding or acting in the office of Attorney-General.
3. Where the Attorney-General or a Minister takes part in the proceedings of the
Senate in accordance with a request made under section 34 or, as the case may
be, under section 35 of this Constitution, and gives explanations in the Senate
pursuant to those sections, the provisions of subsection (1) of this section shall
apply in relation to the Attorney-General or, as the case may be, to that Minister as
they apply in relation to a member of the Senate.
4. Where a Minister takes part in the proceedings of the House in accordance with a
request under section 37 of this Constitution and gives explanations in the House
pursuant to that section, the provisions of subsection (1) of this section shall apply
in relation to that Minister as they apply in relation to a member of the House.
PART 3
SUMMONING, PROROGATION AND DISSOLUTION OF PARLIAMENT
SESSIONS OF PARLIAMENT.
59.-
1. Each session of Parliament shall be held at such place within Antigua and Barbuda
and shall begin at such time (not being later than six months from the end of the
preceding session if Parliament has been prorogued or four months from the end of
that session if Parliament has been dissolved) as the Governor-General shall by
Proclamation appoint.
2. Subject to the provisions of subsection (1) of this section, not more than three
months shall elapse between sittings of Parliament during any session of
Parliament and, subject thereto, the sittings of Parliament shall be held at such
time and place as Parliament may, by its rules of procedure or otherwise,
determine.
PROROGATION AND DISSOLUTION OF PARLIAMENT.
60.-
1. Subject to the provisions of subsection (5) of this section, the Governor-General,

acting in accordance with the advice of the Prime Minister, may at any time
prorogue or dissolve Parliament.
2. Subject to the provisions of subsection (3) of this section, 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 Her Majesty is at war, Parliament may extend the period of five
years specified in subsection (2) of this section 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, 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
the general election can be held, the Governor-General, 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 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.
5. The Governor-General in his discretion may dissolve Parliament if the majority of
all the members of all the members of the House pass a resolution that they have
no confidence in the Government and the Prime Minister does not within seven
days of the passing of that resolution either resign from his office or advise a
dissolution of Parliament.
GENERAL ELECTIONS AND APPOINTMENT OF SENATORS.
61.-
1. A general election of members of the House shall be held at such time within three
months after every dissolution of Parliament as the Governor-General, acting in
accordance with the advice of the Prime Minister, shall appoint.
2. As soon as practicable after every general election the Governor-General shall
proceed under section 28 of this constitution to the appointment of Senators.
PART 4
DELIMITATIONS OF CONSTITUENCIES
CONSTITUENCIES.
62.-
1. For the purpose of the election of members of the House, Antigua and Barbuda
shall be divided into such number of constituencies, at least one of which shall be
within Barbuda, having such boundaries as may be provided for by an Order made
by the Governor-General in accordance with the provisions of section 65 of this
Constitution.
2. Each constituency shall return one member to the House.
CONSTITUENCIES BOUNDARIES COMMISSION.
63.-
1. There shall be a Constituencies Boundaries Commission for Antigua and Barbuda

which shall be appointed from time to time to review the number, and the
boundaries, of the constituencies and report thereon to the Speaker in accordance
with the provisions of this Part and which shall consist of-
a. a chairman who shall be appointed by the Governor-General acting in
accordance with the advice of the Prime Minister given after the Prime
Minister has consulted with the Leader of the Opposition;
b. two members appointed by the Governor-General acting in accordance with
the advice of the Prime Minister; and
c. one member appointed by the Governor-General acting in accordance with
the advice of the Leader of the Opposition.
2. A person shall not be qualified to be appointed as a member of a Constituencies
Boundaries Commission if he is a Senator, a member of the House or a public
officer.
3. Subject to the provisions of this section, a member of a Constituencies Boundaries
Commission shall vacate his office if any circumstances arise that, if he were not a
member of a Constituencies Boundaries Commission, would cause him to be
disqualified for appointment as such.
4. All members of a Constituencies Boundaries Commission shall vacate office and
the Commission shall cease to exist-
a. twelve months after the date when the report of the Commission is
submitted to the Speaker under section 64 of this Constitution;
b. on the date when an Order consequent upon the report of the Commission
is made the Governor-General under section 65 of this Constitution, or
c. at the dissolution of Parliament next after the appointment of the
Commission,
whichever is the earlier.
5. A member of a Constituencies Boundaries Commission 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.
6. A member of a Constituencies Boundaries 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 (7) 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.
7. If the Prime Minister or the Leader of the Opposition represents to the Governor-
General that the question of removal of a member of a Constituencies Boundaries
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 Constituencies Boundaries Commission ought to be
removed from office for inability as aforesaid or for misbehaviour.
8. A Constituencies Boundaries Commission may regulate its own procedure.
9. A Constituencies Boundaries Commission may, with the consent of the Prime
Minister confer powers and impose duties on any public officer or on any authority
of the Government for the purpose of the discharge of its functions.
10. A Constituencies Boundaries Commission may, subject to its rules of procedure,
act notwithstanding any vacancy in its membership and its proceedings shall not be
invalidated by the presence or participation of any person not entitled to be present
or to participate in those proceedings:
Provided that any decision of the Commission shall require the concurrence of a
majority of all its members.
11. In the exercise of its functions under this Constitution, a Constituencies Boundaries
Commission shall not be subject to the control or direction of any other person or
authority.
REPORT BY COMMISSION.
64.-
1. A Constituencies Boundaries Commission shall on its appointment forthwith

proceed to review the number of constituencies into which Antigua and Barbuda is
divided and the boundaries thereof and shall submit a report to the Speaker stating
whether, and if so what, alterations the Commission recommends should be made
to the number or the boundaries of those constituencies.
2. A report by a Constituencies Boundaries Commission shall be submitted to the
Speaker under this section not less than two or more than five years after the date
when the last such report was submitted.
3. In reviewing the number, and the boundaries, of the constituencies and making its
report thereon, a Constituencies Boundaries Commission shall be guided by such
general principles as may be prescribed by Parliament.
PROCEDURE UPON REPORT.
65.-
1. As soon as may be after a Constituencies Boundaries Commission has submitted

a report under section 64 if this Constitution, the Prime Minister shall lay before the
House for its approval the draft of an Order by the Governor-General for giving
effect, whether with or without modifications, to the recommendations contained in
the report, and that draft Order may make provision for any matters which appear
to the Prime Minister to be incidental to or consequential upon the other provisions
of the draft.
2. Where any draft Order submitted to the House under this section gives effect to
any such recommendations with modifications, the Prime Minister shall lay before
the House together with the draft Order a statement of the reasons for the
modifications.
3. If the motion for the approval of any draft Order laid before the House under this
section is rejected by the House, or is withdrawn by leave of the House, the Prime
Minister shall amend the draft Order and lay the amended draft before the House.
4. If any draft Order laid before the House under this section is approved by resolution
of the House, the Prime Minister shall submit it to the Governor-General who shall
make an Order in terms of the draft; and that Order shall come into force upon the
next dissolution of Parliament after it is made.
5. The question of the validity of any Order by the Governor-General purporting to be
made under this section and reciting that a draft thereof had been approved by
resolution of the House shall not be enquired into in any court of law.
PART 5
THE OMBUDSMAN
ESTABLISHMENT, APPOINTMENT, FUNCTIONS ETC. OF OMBUDSMAN.
66.-
1. There shall be an officer of Parliament who shall be known as the Ombudsman

who shall not hold any other office of emolument either 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 resolutions of each House of Parliament
for such term as may be prescribed therein.
3. The Ombudsman shall not enter upon the duties of his office until he has taken and
subscribed before the Speaker the oath of allegiance and the oath of office.
4. Parliament may make provision for the functions, powers and duties of the
Ombudsman.
5. The Ombudsman 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.
6. The Ombudsman shall be removed from office by resolutions of both Houses of
Parliament if the question of his removal from office has been referred to a tribunal
appointed under subsection (7) of this section and the tribunal has recommended
to Parliament that he ought to be removed from office for inability as aforesaid or
for misbehaviour.
7. If by both Houses of Parliament it is resolved that the question of removing the
Ombudsman under this section ought to be investigates, then-
a. the Speaker shall appoint a tribunal which shall consist of a chairman and
not less than two other members selected by 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 such a court; and
the Speaker and recommend to Parliament through the Speaker whether
the Ombudsman ought to be removed under this section.
8. If the question of removing the Ombudsman has been referred to a tribunal under
this section, both Houses of Parliament may by resolution suspend the
Ombudsman from the functions of his office and any such suspension may at any
time be revoked by resolutions of both Houses of Parliament, and shall in any case
cease to have effect if the tribunal recommends to Parliament through the Speaker
that the Ombudsman should not be removed.
9. If at any time the Ombudsman is for any reason unable to exercise the functions of
his office, both Houses of Parliament may by resolutions appoint a person to act as
Ombudsman, and any person so appointed shall, subject to the provisions of
subsections (7) and (8) of this section, continue to act until the Ombudsman has
resumed his functions or until the appointment to act has bee revoked by
resolutions of both Houses of Parliament.
10. The Ombudsman shall, in the exercise of his functions under this Constitution, not
be subject to the direction or control of any other person or authority.
PART 6
THE SUPERVISOR OF ELECTIONS
APPOINTMENT, FUNCTIONS AND REMOVAL OF SUPERVISOR OF ELECTIONS.
67.-
1. The Governor-General shall by notice published in the Gazette appoint a

Supervisor of Elections on resolutions to that effect of both Houses of Parliament
specifying the person nominated for appointment.
2. The Supervisor of Elections shall have and exercise such functions, powers and
duties as may be provided by law.
3. The office of the Supervisor of Elections shall be a public office.
4. Subject to the provisions of subsection (6) of this section, the Supervisor of
Elections shall vacate his office when he attains such age, or at the expiration of
such term, as may be prescribed by Parliament.
5. A person holding the office of Supervisor of Elections 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.
6. The Supervisor of Elections 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 (7) of this section and the tribunal has recommended to the
Governor-General that he ought to be removed for inability as aforesaid or for
misbehaviour.
7. If resolutions of both Houses of Parliament are passed to the effect that the
question of removing the Supervisor of Elections under this section ought to be
investigated then-
chairman and not less than two other members, selected from among
the Governor-General and recommend to him whether the Supervisor of
Elections ought to be removed under this section.
8. If the question of removing the Supervisor of Elections has been referred to a
tribunal under this section, the Governor-General, acting in accordance with the
advice of the Public Service Commission, may suspend the Supervisor of Elections
from the exercise of the functions of his office and any such suspension may at any
time be revoked by the Governor-General acting in accordance with such advice as
aforesaid, and shall in any case cease to have effect if the tribunal recommends to
the Governor-General that the Supervisor of Elections should not be removed.
9. If at any time the Supervisor of Elections is for any reason unable to exercise the
functions of his office, the Governor-General shall by notice published in the Official
Gazette appoint a person to act as Supervisor of Elections on resolutions to that
effect of both Houses of Parliament specifying the person nominated for
appointment, and any person so appointed shall, subject to the provisions of
subsections (7) and (8) of this section, continue to act until the Supervisor of
Elections has resumed his functions or until the appointment to act has been
revoked by the Governor-General on resolutions to that effect by both Houses of
Parliament.
CHAPTER V
EXECUTIVE POWERS
PART 1
GENERAL
EXECUTIVE AUTHORITY.
68.-
1. The executive authority of Antigua and Barbuda is vested in Her Majesty.

2. Subject to the provisions of this Constitution, the executive authority of Antigua and
Barbuda may be exercised on behalf of Her Majesty by the Governor-General
either directly or through officers subordinate to him.
3. Nothing in this section shall prevent Parliament from conferring functions on
persons or authorities other than the Governor-General.
MINISTER OF GOVERNMENT.
69.-
1. There shall be a Prime Minister of Antigua and Barbuda who shall be appointed by
the Governor-General.
2. Whenever there is occasion for the appointment of a Prime Minister, the Governor-
General shall appoint as Prime Minister-
a. a member of the House who is the leader in the House of the political party
that commands the support of the majority of members of the House; or
b. where it appears to him that such party does not have an undisputed leader
in the House or that no party commands the support of such a majority, the
member of the House who in his judgement is most likely to command the
support of the majority of members of the House,
- and is willing to accept the office of Prime Minister.
3. Subject to the provision of section 82 of this Constitution and subsection (4) of this
section there shall be, in addition to the office of Prime Minister, such other offices
of Minister (including Minister of State) of the Government as may be established
by Parliament or, subject to the provisions of any law enacted by Parliament, by the
Governor-General, acting in accordance with the advice of the Prime Minister.
4. The Ministers other than the Prime Minister shall be such persons as the Governor-
General, acting in accordance with the advice of the Prime Minister, shall appoint
from among the members of the House and of the Senate.
5. If occasion arises for making appointment to the office of Prime Minister or any
other Minister while Parliament is dissolved, then, notwithstanding any other
provision of this section, a person who was a member of the House immediately
before the dissolution may be appointed as Prime Minister or any other Minister
and a person who was a Senator immediately before the dissolution may be
appointed as any Minister other than Prime Minister.
6. Appointments under this section shall be made by instrument under the Public
Seal.
THE CABINET.
70.-
1. There shall be a Cabinet for Antigua and Barbuda which shall have the general
direction and control of the Government and shall be collectively responsible
therefor to Parliament.
2. The Cabinets 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 69 of this Constitution as the Prime Minister may
consider appropriate.
ALLOCATION OF PORTFOLIOS.
71.-
1. The Governor-General, acting in accordance with the advice of the Prime Minister,
may, by directions is whiting, assign to the Prime Minister or any other Minister
responsibility for any business of the Government, including the administration of
any department of government.
2. Where a Minister is incapable of performing his functions by reason of his absence
from Antigua and Barbuda or by reason of illness, the Governor-General, acting in
accordance with the advice of the Prime Minister, may appoint a member of the
House or a Senator to act in the office of such Minister during such absence or
illness.
TENURE OF OFFICE OF MINISTERS.
73.-
1. Where the House 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 that resolution
either resign from his office or advise the Governor-General to dissolve Parliament,
the Governor-General shall revoke the appointment of the Prime Minister.
2. The Prime Minister shall also vacate his office-
a. when after any dissolution of Parliament he is informed by the Governor-
General that the Governor-General is about to reappoint 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.
3. A Minister other than the Prime Minister shall vacate his office-
a. when any person is appointed or re-appointed as Prime Minister;
b. where for any reason other than a dissolution of Parliament he ceases to be
a member of the House of Parliament from among the members of which
he was appointed; or
c. where his appointment is revoked by the Governor-General 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
41(2) of this Constitution to cease to perform his functions as a member of the
House, 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 31(2) or section 41 of this Constitution 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.
PERFORMANCE OF FUNCTIONS OF PRIME MINISTER DURING ABSENCE, ILLNESS

OR SUSPENSION.
74.-
1. Where the Prime Minister is absent from Antigua and Barbuda or is unable by
reason of illness or of the provisions of section 73(4) of this Constitution to perform
the functions conferred on him by this Constitution, the Governor-General may
authorise some other member of the Cabinet to perform those functions (other than
the functions conferred by subsection (2) of this section) and that member 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 that advice of the Prime Minister, save that where the
Governor-General 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 the advice by reason of the provisions of section 73(4) of this
Constitution, the Governor-General may exercise those powers in his discretion.
PARLIAMENTARY SECRETARIES.
75.-
1. The Governor-General, acting in accordance with the advice of the Prime Minister,
may appoint Parliamentary Secretaries from among members of the House and of
the Senate to assist Ministers in the performance of their duties.
2. Where occasion arises for making an appointment under this section while
Parliament is dissolved, a person who was a Senator or a member of the House
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 of Parliament from among the members of which
he was appointed; or
b. upon the appointment or re-appointment of any person as Prime Minister;
or
c. where the Governor-General, acting in accordance with the advice of the
Prime Minister, so directs.
OATHS TO BE TAKEN BY MINISTERS AND PARLIAMENTARY SECRETARIES.
76.- The Prime Minister, every other Minister and every Parliamentary Secretary shall,
before entering upon the duties of his office, make and subscribe the oath of allegiance,
the oath of office and the oath of secrecy.
SECRETARY TO THE CABINET.
77.-
1. There shall be a Secretary to the Cabinet whose office shall be a public office.
2. The Secretary to the Cabinet, who shall have charge of the Cabinet office, shall be
responsible in accordance with such instructions as may be given him by the Prime
Minister, for arranging the business for, and keeping the minutes of, the Cabinet
and for conveying the decisions of the Cabinet to the appropriate person or
authority and shall have such other functions as the Prime Minister may direct.
3. The Secretary to the Cabinet shall, before entering upon the duties of his office,
make and subscribe the oath of secrecy.
PERMANENT SECRETARIES.
78.-
1. Where any Minister has been assigned responsibility for any department of
government, he shall exercise 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; and
b. two or more Permanent Secretaries may supervise any department of
government assigned to a Minister.
LEADER OF THE OPPOSITION.
79.-
1. There shall (except at times when there are no members of the House who do not
support the Government) be a Leader of the Opposition who shall be appointed by
the Governor-General.
2. Whenever there is occasion for the appointment of a Leader of the Opposition the
Governor-General shall appoint the member of the House who appears to him
most likely to command the support of a majority of the members of the House who
do not support the Government; or, if no member of the House appears to him to
command such support, the member of the House who appears to him to
command the support of the largest single group of members of the House who do
not support the Government:
provided that-
a. if there are two or more members of the House who do not support the
Government but none of them commands the support of the other or others,
the Governor-General may, acting in his discretion, appoint any one of them
as Leader of the Opposition, and
b. in the exercise of his discretion the Governor-General shall be guided by
the seniority of each based on his length of service as a member of the
House, by the number of votes cast in favour of each at the last election of
members of the House or by both such seniority and such number of votes.
3. If the occasion arises to appoint a Leader of the Opposition during the period
between a dissolution of Parliament and the day on which the ensuing election of
members of the House is held, an appointment may be made as if Parliament had
not been dissolved.
4. The office of Leader of the Opposition shall become vacant-
a. if he ceases to be a member of the House otherwise than by reason of a
dissolution of Parliament;
b. if, when the House first meets after a dissolution of Parliament, he is not
then a member of the House;
c. if, under the provisions of section 41(2) of this Constitution, he is required to
cease to perform his functions as a member of the House; or
d. if he is removed from office by the Governor-General under the provisions
of subsection (5) of this section.
5. If it appears to the Governor-General that the Leader of the Opposition is no longer
able to command the support of a majority of the members of the House who do
not support the Government or the support of the largest single group of members
of the House who do not support the Government, he shall remove the Leader of
the Opposition from office.
6. The powers of the Governor-General under this section shall be exercised by him
in his discretion.
7. Where the office of Leader of the Opposition is vacant, whether because there is
no member of the House so qualified for appointment or because the Leader of the
Opposition has resigned his office or for any other reason, any provision in this
Constitution requiring consultation with or the advice of the Leader of the
Opposition shall, in so far as it requires such consultation or advice, be of no effect.
EXERCISE OF GOVERNOR-GENERAL'S FUNCTIONS.
80.-
1. In the exercise of his functions the Governor-General 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 any
other law, and, without prejudice to the generality of this exception, in case where
by this Constitution or any other law he is required to act-
a. in his discretion;
b. after consultation with any person or authority other than Cabinet; or
c. in accordance with the advice of the Prime Minister or any person or
authority other than the Cabinet.
2. Nothing in subsection (1) of this section shall apply to the functions conferred upon
the Governor-General by the following provisions of this Constitution, that is to say,
sections 63(6), 67(6), 73(1), 87(8) and 99(5) (which require the Governor-General
to remove the holders of certain offices from office in certain circumstances).
3. Where in the exercise of his functions the Governor-General is required to act in
accordance with the advice of the Cabinet or a Minister acting under the general
authority of the Cabinet, and it has become impracticable for the Governor-General
to obtain such advice, he may exercise those functions in his discretion.
4. Where in the exercise of his functions the Governor-General is required to act in
accordance with the advice of, or after consultation with, the Leader of the
Opposition and there is a vacancy in the office of the Leader of the Opposition or if
the Governor-General considers that it is impracticable to obtain the advice of the
Leader of the Opposition, the Governor-General may exercise those functions in
his discretion.
5. Where in the exercise of his functions the Governor-General is required to act after
consultation with any person or authority he shall not be obliged to exercise that
function in accordance with the advice of that person or authority.
6. Any reference in this Constitution to the functions of Governor-General shall be
construed as a reference to his powers and duties in the exercise of the executive
authority of Antigua and Barbuda and to any other powers and duties conferred or
imposed on him as Governor-General by or under this Constitution or any other
law.
GOVERNOR-GENERAL TO BE INFORMED CONCERNING GOVERNMENT MATTERS.
81.- The Prime Minister shall keep the Governor-General regularly and fully informed
concerning the general conduct of the Government and shall furnish the Governor-General
as soon as possible with such information as the Governor-General, acting in his
discretion, may request from time to time with respect to any particular matter relating to
the Government.
ATTORNEY-GENERAL.
82.-
1. There shall be an Attorney-General of Antigua and Barbuda who shall be the
principal legal adviser to the Government and who shall be appointed by the
Governor-General.
2. No person shall be qualified to hold or to act in the office of Attorney-General
unless he is a citizen entitled to practice as a barrister in Antigua and Barbuda.
3. If the Attorney-General is an elected member of the House at the time of his
appointment or subsequently becomes such a member, he shall be a Minister by
virtue of holding the office of Attorney-General and the provisions of subsections
(3) to (6) of section 69 of this Constitution shall apply to the office of Attorney-
General.
4. Where the person holding the office of Attorney-General is a member of the House
by virtue of holding that office he may be appointed by the Governor-General to be
a Minister.
5. If an Attorney-General appointed to be a Minister under the preceding subsection
vacates his office as Attorney-General he shall also vacate his office as a Minister.
6. If the Attorney-General is not a Minister he shall vacate his office if he ceases to be
a citizen or if his appointment is revoked by the Governor-General.
7. If the office of the Attorney-General is vacant or the holder of the office is for any
reason unable to perform the functions thereof the Governor-General may appoint
a suitably qualified person to act in the office, but the provisions of subsections (3)
and (4) of this section shall not apply to a person so appointed.
8. An appointment under the preceding subsection shall cease to have effect when it
is revoked by the Governor-General.
EXERCISE OF CERTAIN POWERS OF GOVERNOR-GENERAL
83.- The powers of the Governor-General under the preceding section shall be exercised
by him in accordance with the advice of the Prime Minister.
POWER OF PARDON.
84.-
1. The Governor-General may, in Her Majesty's name and on Her Majesty's behalf-
a. grant to any person convicted of any offence against any law 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 Her Majesty on account of such
an offence.
2. The powers of the Governor-General under subsection (1) of this section shall 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.
ADVISORY COMMITTEE ON PREROGATIVE OF MERCY.

85.- There shall be an Advisory Committee on the Prerogative of Mercy which shall consist
of-
a. the Minister referred to in subsection 84(2) of this Constitution who shall be

Chairman;
b. the Attorney-General (if he is not the Chairman);
c. the Chief Medical Officer of the Government;
d. not more than four other members appointed by the Governor-General, after
consultation with the Prime Minister and the Leader of the Opposition.
FUNCTIONS OF ADVISORY COMMITTEE.
86.-
1. Where an offender has been sentenced to death by any court for an offence
against any law, the Minister shall cause a written report of the case from the trial
judge (or the Chief Justice, if a report from the trial judge cannot be obtained)
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 Governor-General under section 84(2) of this Constitution in any case not
falling within subsection (1) of this section.
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 84(2) of this
Constitution.
PART 2
DIRECTOR OF PUBLIC PROSECUTIONS
APPOINTMENT AND REMOVAL OF DIRECTOR OF PUBLIC PROSECUTIONS.
87.-
1. There shall be a Director of Public Prosecutions whose office shall be a public

office.
2. The Director of Public Prosecutions shall be appointed by the Governor-General,
acting in accordance with the advice of the Judicial and Legal Services
Commission.
3. If the office of Director of Public Prosecutions is vacant or if the holder of the office
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.
4. A person shall not be qualified to be appointed to hold or act in the office of
Director or Public Prosecutions unless-
a. he is qualified to practice as a barrister in a court having unlimited
jurisdiction in civil and criminal matters in some part of the Commonwealth;
and
b. he has practised for not less than seven years as a barrister in such court.
5. A person appointed to act in the office of Director of Public Prosecutions shall,
subject to the provisions of subsections (6) (8) (9) and (10) of this section, cease so
to act-
a. when a person is appointed to hold that office and has assumed the
functions thereof or, as the case may be, when the person in whose place
he is acting resumes the functions of that office; or
b. at such earlier time as may be provided in the terms of his appointment.
6. Subject to the provisions of subsection (8) of this section, the Director of Public
Prosecutions shall vacate his office when he attains the prescribed age.
7. 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.
8. The Director of Public Prosecutions shall be removed from office by the Governor-
General if the question of his renewal from office has been referred to a tribunal
to the Governor-General that he ought to be removed for inability as aforesaid or
for misbehaviour.
9. If the chairman of the Judicial and Legal Services Commission represents to the
Governor-General that the question of removing the Director of Public Prosecutions
under this section ought to be investigated, then-
chairman and not less than two other members, selected from among
the Governor-General and recommend to him whether the Director of Public
Prosecutions ought to be removed under this section.
10. If the question of removing the Director of Public Prosecutions has been referred to
a tribunal under this section, the Governor-General, acting in accordance with the
advice of the Judicial and Legal Services Commission, may suspend the Director
from the exercise of the functions of his office and any such suspension may at any
time be revoked by the Governor-General acting in accordance with such advice as
aforesaid, and shall in any case cease to have effect if the tribunal recommends to
the Governor-General that the Director should not be removed.
11. The prescribed age for the purposes of subsection (6) of this section is the age of
fifty-five years or such other age as may be prescribed by Parliament.
POWERS AND FUNCTIONS OF DIRECTOR OF PUBLIC PROSECUTIONS.
88.-
1. The Director of Public Prosecutions shall, subject to section 89 of this Constitution,

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 (other than a court martial) in respect of any offence against any
law;
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 judgement is delivered any such criminal
proceedings instituted or undertaken by himself or any other person or
authority.
2. Subject to section 89 of this Constitution, the powers conferred on the Director of
Public Prosecutions by paragraph (b) and (c) of subsection (1) of this section shall
be vested in him to the exclusion of any other person or authority:
Provided that, where any other person or authority has instituted criminal
proceedings, nothing in this subsection shall prevent the withdrawal of those
proceedings by or at the instance of that person or authority and with the leave of
the court.
3. 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.
4. The functions of the Director of Public Prosecutions under subsection (1) of this
section may be exercised by him in person or through other persons acting under
and in accordance with his general or special instructions.
5. Subject to section 89 of this Constitution, in the exercise of the functions vested in
him by subsection (1) of this section and by section 45 of this Constitution, the
Director of Public Prosecutions shall not be subject to the direction or control of any
other person or authority.
DIRECTIONS TO DIRECTOR OF PUBLIC PROSECUTIONS.
89.-
1. The Attorney-General may, in the case of any offence to which this section applies,
give general or special directions to the Director of Public Prosecutions as to the
exercise of the powers conferred upon the Director of Public Prosecutions by
section 88 of this Constitution and the Director of Public Prosecutions shall act in
accordance with those directions.
2. This section applies to-
a. offences against any law relating to-
i. official secrets;
ii. mutiny or incitement to mutiny; and
b. any offence under any law relating to any right or obligation of Antigua and
Barbuda under international law.
CHAPTER VI
FINANCE
CONSOLIDATED FUND.
90.- All revenues or other monies raised or received by Antigua and Barbuda (not being
revenues or other monies that are payable, by or under any law for the time being in force
in Antigua and Barbuda, into some other fund established for a specific purpose) shall be
paid into and form a Consolidated Fund.
WITHDRAWALS FROM CONSOLIDATED FUND OR OTHER PUBLIC FUNDS.

91.-
1. No monies shall be withdrawn from the Consolidated Fund except-

a. to meet expenditure that is charged upon the Fund by this Constitution or
by any law enacted by Parliament; or
b. where the issue of those monies has been authorised by an appropriation
law or by a law made in pursuance of section 93 of this Constitution.
2. Where any monies are charged by this Constitution or any law enacted by
Parliament upon the Consolidated Fund or any other public fund, they shall be paid
out of that fund by the Government to the person or authority to whom payment is
due.
3. No monies shall be withdrawn from any public fund other than the Consolidated
Fund unless the issue of those monies has been authorised by or under a law
enacted by Parliament.
4. There shall be such provision as may be made by Parliament prescribing the
manner in which withdrawals may be made from the Consolidated Fund or any
other public fund.
5. The investment of monies forming part of the Consolidated Fund shall be made in
such a manner as may be prescribed by or under a law enacted by Parliament.
6. Notwithstanding the provision of subsection (1) of this section, provision may be
made by or under a law enacted by Parliament authorising withdrawals to be made
from the Consolidated Fund, in such circumstances and to such extent as may be
prescribed by or under a law enacted by Parliament, for the purpose of making
repayable advances.
AUTHORISATION OF EXPENDITURE FROM CONSOLIDATED FUND BY

APPROPRIATION LAW.
92.-
1. The Minister for the time being responsible for finance shall cause to be prepared
and laid before the House before, or not later than ninety days after, the
commencement of each financial year, estimates of the revenues and expenditure
of Antigua and Barbuda for that financial year.
2. When the estimates of expenditure (other than expenditure charged upon the
Consolidated Fund by this Constitution or by any law enacted by Parliament) have
been approved by the House, a bill to be known as an appropriation bill shall be
introduced in the House, providing for the issue from the Consolidated Fund of the
sums necessary to meet that expenditure and the appropriation of those sums,
under separate votes for the several services required, for the purposes specified
therein.
3. If in respect of any financial year it is found-
a. that the amount appropriated by the appropriation law for any purpose is
insufficient or that a need has arisen for expenditure for a purpose to which
no amount has been appropriated by that law; or
b. that any monies have been expended for any purpose in excess of the
amount appropriated for that purpose by the appropriation law or for a
purpose to which no amount has been appropriated by that law.
- a supplementary estimate showing the sums required or spent shall be laid before
the House and, when the supplementary estimate has been approved by the
House, a supplementary appropriation bill shall be introduced in the House
providing for the issue of such sums from the Consolidated Fund and appropriating
then to the purposes specified therein.
AUTHORISATION OF EXPENDITURE IN ADVANCE OF APPROPRIATION.
93.- There shall be such provision as may be made by Parliament under which, if the
appropriation law in respect of any financial year has not come into operation by the
beginning of that financial year, the Minister for the time being responsible for finance may
authorise the withdrawal of monies from the Consolidated Fund for the purpose of meeting
expenditure necessity to carry on the services of the Government until the expiration of
four months from the beginning of that financial year or the coming into operation of the
law, whichever is the earlier.
CONTINGENCIES FUND.
94.-
1. There shall be such provisions as may be made by Parliament for the

establishment of a Contingencies Fund, and for authorising the Minister for the time
being responsible for finance, if satisfied that there has arisen an urgent and
unforeseen need for expenditure for which no other provision exists, to make
advances from that Fund to meet that need.
2. Where any advance is made from the Contingencies Fund, a supplementary
estimate shall as soon as possible be laid before the House and when the
supplementary estimate has been approved by the House, a supplementary
appropriation bill shall be introduced as soon as possible in the House for the
purpose of replacing the amount so advanced.
REMUNERATION OF CERTAIN OFFICERS.
95.-
1. There shall be paid to the holders of the offices to which this section applies such
salaries and such allowances as may be prescribed by or under any law enacted
by Parliament.
2. The salaries and allowances prescribed in pursuance of this section in respect of
the holders of the offices to which this section applies shall be a charge on the
Consolidated Fund.
3. The salary prescribed in pursuance of this section in respect of the holder of any
office to which this section applies and his other terms of service (other than
allowances that are not taken into account in computing, under any law in that
behalf, any pension payable in respect of his service in that office) shall not be
altered to his disadvantage after his appointment.
4. When a person's salary or other terms of service depend upon his option, the
salary or terms for which he opts shall, for the purposes of subsection (3) of this
section, be deemed to be more advantageous to him than any other for which he
might have opted.
5. This section applies to the offices of the Governor-General, member of the Public
Service Commission, member of the Police Service Commission, member of the
Public Service Board of Appeal, the Director of Public Prosecutions, the Director of
Audit, the Ombudsman and the Supervisor of Elections.
6. Nothing in this section shall be construed as prejudicing the provisions of section
109 of this Constitution (which protects pensions rights in respect of service as a
public officer).
PUBLIC DEBT.
96.-
1. All debt charges for which Antigua and Barbuda is liable shall be a charge on the
Consolidated Fund.
2. For the purposes of this section debt charges include interest, sinking fund charges
the repayment or amortisation of debt and all expenditure in connection with the
raising of loans on the security of the Consolidated Fund and the service and
redemption of the debt created thereby.
AUDIT OF PUBLIC ACCOUNTS ETC.
97.-
1. There shall be a Director of Audit whose office shall be a public office.

2. The Director of Audit shall-
a. satisfy himself that all monies that have been appropriated by Parliament
and disbursed have been applied to the purposes to which they were so
appropriated and that the expenditure conforms to the authority that
governs it; and
b. at least once every year audit and report on the public accounts of Antigua
and Barbuda, the accounts of all officers and authorities of the Government,
the accounts of all courts of law in Antigua and Barbuda (including any
accounts of the Supreme Court maintained in Antigua and Barbuda), the
accounts of every Commission established by this Constitution and the
accounts of the Clerk to the House and the Clerk to the Senate.
3. The Director of Audit shall have power 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 Antigua and Barbuda.
4. The Director of Audit and any other officer authorised by him shall have access to
all books, records, returns, reports and other documents which in his opinion relate
to any of the accounts referred to in subsections (2) and (3) of this section.
5. The Director of Audit shall submit every report made by him in pursuance of this
section to the Minister for the time being responsible for finance who shall, after
receiving such report, lay it before the House not later than seven days after the
House next meets.
6. If the Minister fails to lay a report before the House in accordance with the
provisions of subsection (5) of this section the Director of Audit shall transmit
copies of that report to the Speaker who shall, as soon as practicable, present
them to the House.
7. The Director of Audit shall exercise such other functions in relation to the accounts
of the Government, the accounts of other authorities or bodies established by law
for public purposes or the accounts of enterprises that are owned or controlled by
or on behalf of Antigua and Barbuda as may be prescribed by or under any law
enacted by Parliament.
8. In the exercise of his functions under subsection (2), (3), (4), (5) and (6) of this
section, the Director of Audit shall not be subject to the direction or control of any
other person or authority.
PUBLIC ACCOUNTS COMMITTEE.
98.- The House shall, at the commencement of each session, appoint a Public Accounts
Committee from among its members, one of whom shall be a member for Barbuda in the
House, whose duties shall be to consider the accounts referred to in section 97(2) of this
Constitution in conjunction with the report of the Director of Audit and in particular to report
to the House-
a. in the case of any excess or unauthorised expenditure of public funds the reasons
for such expenditure; and
b. any measures it considers necessary in order to ensure that public funds are
properly spent,
- and any other such duties relating to public accounts as the House may from time to time
direct.
CHAPTER VII
THE PUBLIC SERVICE
PART 1
THE PUBLIC SERVICE COMMISSION
ESTABLISHMENT AND COMPOSITION OF COMMISSION
99.-
1. There shall be a Public Service Commission for Antigua and Barbuda (hereinafter
in this section referred to as the Commission) which shall consist of a chairman
and not less than two nor more than six other members who shall be appointed by
the Governor-General, acting in accordance with the advice of the Prime Minister:
Provided that the Prime Minister shall consult the leader of the Opposition before
tendering any advice to the Governor-General for the purposes of this subsection.
2. A person shall not be qualified to be appointed as a member of the commission if-

a. he is a public officer;
b. he is a member of either House of Parliament;
c. he is below the age of twenty-five years; or
d. he is not resident in Antigua and Barbuda.
3.
a. A member of the Commission shall be appointed to hold office for a term of
two years.
b. Subject to the provisions of this section, the office of a member of the
Commission shall become vacant at the expiration of the period for which
he was appointed or if any circumstances arise that, if he were not a
member of the Commission, would cause him to be disqualified to be
appointed as such under subsection (2) of this section.
4. 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.
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
to the Governor-General that he ought to be removed from office for inability as
aforesaid or for misbehaviour.
6. If the Prime Minister represents to the Governor-General that the question of
removing a member of the Commission under this section ought to be investigates
then-
chairman and not less than two other members, selected by 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 such a
court; and
the Governor-General and recommend to him whether the member ought to
be removed under this section.
7. If the question of removing a member of the Commission has been referred to a
tribunal under this section, the Governor-General, acting in accordance with the
advice of the Prime Minister, may suspend that member from the functions of his
office and any such suspension may at any time be revoked by the Governor-
General, acting in accordance with such advice as aforesaid, and shall in any case
cease to have effect if the tribunal recommends to the Governor-General that the
member should not be removed.
8. 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.
9. If at any time any member of the Commission is for any reason unable to exercise
the function 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 subsections (6) and (7) 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:
Provided that the Prime Minister shall consult the Leader of the Opposition before
tendering any advice to the Governor-General for the purposes of this subsection
and of subsection (8) of this section.
10. A member of the Commission shall not enter upon the duties of his office until he
has taken and subscribed the oath of allegiance and the oath of office.
11. The Commission shall, in the exercise of its functions under this Constitution, not
be subject to the direction or control of any other person or authority.
12. The Commission may, by regulation or otherwise, regulate its own procedure.
13. The Commission may, with the consent of the Prime Minister, confer powers or
impose duties on any public officer or on any authority of the Government for the
purpose of the exercise of its functions.
14. The Commission may, subject to its rules of procedure, act notwithstanding any
vacancy in its membership or the absence of any member and its proceedings
shall not be invalidated by the presence or participation of any person not entitled
to be present at or to participate in those proceedings:
Provided that any decision of the Commission shall require the concurrence of a
majority of all its members.
15. The Commission shall make an annual report on its activities to the Governor-
General, who shall cause copies of the report to be laid before both Houses of
Parliament.
APPOINTMENT ETC. OF PUBLIC OFFICERS
100.-
1. Subject to the provisions of this Constitution, the power to appoint persons to hold
or act in offices in the public service (including the power to make appointments on
promotion and transfer and to confirm appointments), the power to exercise
disciplinary control over persons holding or acting in such offices and the power to
remove such persons from office shall vest in the Public Service Commission.
2. The Public Service Commission may with the approval of the Prime Minister by
directions in writing and subject to such conditions as it thinks fit, delegate any of
its powers under subsection (1) of this section to any one or more members of the
Commission or to any public officer.
3. The provisions of this section shall not apply in relation to the following offices, that
is to say-
a. any office to which section 101 of this Constitution applies;
b. the office of the Director of Public Prosecutions;
c. the office of the Director of Audit;
d. the office of the Attorney-General;
e. the office of the Supervisor of Elections;
f. any office to which section 103 of this Constitution applies;
g. any office in the Police Force.
4. No person shall be appointed under this section to, or to act in, any office of the
Governor-General's personal staff except with the concurrence of the Governor-
General acting in his discretion.
5. 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
Services Commission concurs therein.
6. In the performance if its functions the Public Service Commission shall act in a
manner consistent with the general policy of the Government as conveyed to the
Commission by the Prime Minister in writing.
APPOINTMENT ETC. OF PERMANENT SECRETARIES AND CERTAIN OTHER

OFFICERS
101.-
1. This section applies to the offices of Secretary to the Cabinet, Permanent

Secretary, head of a department of government, deputy head of a department of
government, any office of a chief professional adviser to a department of
government and any office for the time being designated by the Commission, after
consultation with the Prime Minister, as an office the holders of which are required
to reside outside Antigua and Barbuda for the proper discharge of their functions or
as an office in Antigua and Barbuda whose functions relate to external affairs.
2. The power to appoint persons to hold or to act in offices to which this section
applies (including the power to confirm appointments), and, subject to the
provisions of section 107 of this Constitution, the power to exercise disciplinary
control over persons holding or acting in such offices and power to remove such
persons from office shall vest in the Governor-General, acting in accordance with
the advice of the Public Service Commission:
Provided that-
a. the power to appoint a person to hold or act in an office of permanent

secretary on transfer from another such office carrying the same salary
shall vest in the Governor-General, acting in accordance with the advice of
the Prime Minister;
b. before the Public Service Commission tenders advice to the Governor-
General with respect to the appointment of any person to hold an office to
which this section applies (other that appointment to an office of permanent
secretary on transfer from another such office carrying the same salary) it
shall consult with the Prime Minister and if the Prime Minister signifies his
objection to the appointment of any person to the office, the Commission
shall not advise the Governor-General to appoint that person;
c. in relation to any office of Ambassador, High Commissioner or other
principal representative of Antigua and Barbuda in any other country or
accredited to any international organisation the Governor-General shall act
in accordance with the advice of the Prime Minister, who shall, before
tendering any such advice in respect of any person who holds any public
office to which appointments are made by the Governor-General on the
advice of or after consultation with some other person or authority, consult
that person or authority.
3. References in this section to a department of government shall not include the
office of the Governor-General, the department of the Attorney-General, the
department of the Director of Public Prosecutions, the department of the Director of
Audit, the department of the Supervisor of Elections, the department of the Clerk of
the Senate or of the House or the Police Force.
THE DIRECTOR OF AUDIT
102.-
1. The Director of Audit shall be appointed by the Governor-General acting in

accordance with the advice of the Public Service Commission, tendered after the
Commission has consulted the Prime Minister and has obtained the agreement of
the Prime Minister to the appointment of that person.
2. If the office of Director of Audit is vacant or if the holder of the office 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 tendered after the
Commission has consulted the Prime Minister and has obtained the agreement of
the Prime Minister to the appointment, may appoint a person to act as Director of
Audit.
3. The provisions of subsections (5) to (11) inclusive of section 87 of this Constitution
(which relates to the appointment and removal of the Director of Public
Prosecutions) shall apply in relation to the Director of Audit as they apply in relation
to the Director of Public Prosecutions so, however, that in subsection (9) and (10)
references to the Judicial and Legal Services Commission shall be read as
references to the Public Service Commission.
APPOINTMENT ETC. OF MAGISTRATES, REGISTRARS AND LEGAL OFFICERS
103.-
1. This section applies to the offices of magistrates and registrars of the High Court
and assistant registrars of the High Court and to any public office in the department
of the Attorney-General (other than the public office of Attorney-General) and the
department of the Director of Public Prosecutions (other than the office of Director)
for appointment to which persons are required to be qualified to practice as a
barrister or solicitor in Antigua and Barbuda and such other offices connected with
the Court as Parliament may prescribe.
2. The power to appoint persons to hold or act in offices to which this section applies
(including the power to confirm appointments) and, subject to the provisions of this
Constitution, the power to exercise disciplinary control over persons holding or
acting in such offices and the power to remove such persons from office shall vest
in the Governor-General acting in accordance with the advice of the Judicial and
Legal Services Commission.
PART 2
THE POLICE SERVICE COMMISSION
ESTABLISHMENT AND COMPOSITION OF COMMISSION
104.-
1. There shall be a Police Service Commission for Antigua and Barbuda which shall
consist of a Chairman and not less than two nor more than six other members who
shall be appointed by the Governor-General acting in accordance with the advice
of the Prime Minister:
tendering any advice to the Governor-General for the purposes of this subsection.

shall apply in relation to the Police Service Commission as they apply in relation to
the Public Service Commission.
APPOINTMENT ETC. OF POLICE OFFICERS
105.-
1. Subject to the provision of this section, the power to appoint persons to hold or act
in offices in the Police Force (including appointments on promotion and transfer
and the confirmation of appointments) and to remove and exercise disciplinary
control over persons holding or acting in such offices shall vest in the Police
Service Commission:
Provided that the Commission may, with the approval of the Prime Minister and
subject to such conditions as it may think fit, delegate any of its powers under this
section to any one or more of its members or to the Commissioner of Police.
2. Before the Police Service Commission, or any person or authority to whom powers
have been delegated under this section, appoints to an office in the Police Force
any person who is holding or acting in an office power to make appointments to
which is vested by this Constitution in the Public Service Commission, the Police
Service Commission or that person or authority shall consult with the Public
Service Commission.
3. Before the Police Service Commission makes an appointment to the office of
Commissioner or Deputy Commissioner or a like post however designated it shall
consult the Prime Minister, and a person shall not be appointed to such an office if
the Prime Minister, and a person shall not be appointed to such an office if the
Prime Minister signifies to the Police Service Commission his objection to the
appointment of that person to the office in question.
4. Before the Police Service Commission makes an appointment to the office of
Superintendent or a like post however designated it shall consult the Prime
Minister.
5. The power to appoint persons to hold or act in offices in the Police Force below the
rank of Sergeant (including the power to confirm appointments) and, subject to the
provisions of section 107 of this Constitution, the power to exercise disciplinary
control over persons holding or acting in such offices and the power to remove
such person from office shall vest in the Commissioner of Police.
6. The Commissioner of Police may, by directions given in such manner as he thinks
fit and subject to such conditions as he thinks fit, delegate any of his powers under
subsection (5) of this section, other than the power to remove from office or reduce
in rank, to any other member of the Police Force.
7. A police officer shall not be removed from office or subjected to any other
punishment under this section on the grounds of any act done or omitted by him in
the exercise of any judicial function conferred on him unless the Judicial and Legal
Services Commission concurs therein.
8. In this section references to the rank of Sergeant shall, if the ranks within the Police
Force are altered (whether in consequence of the re-organisation or replacement of
an existing part of the Force or the creation of an additional part), be construed as
references to such rank or ranks as may be specified by the Police Service
Commission by Order published in the Official Gazette, being a rank or ranks that
in the opinion of the Commissioner most nearly correspond to the rank of Sergeant
as it existed before the alteration.
PART 3
THE PUBLIC SERVICE BOARD OF APPEAL
CONSTITUTION OF BOARD, ETC.
106.-
1. There shall be a Public Service Board of Appeal for Antigua and Barbuda (in this
Part referred to as the Board) which shall consist of-
a. a chairman appointed by the Governor-General acting in his discretion;
b. two members appointed by the Governor-General acting in accordance with
the advice of the Prime Minister who shall, before tendering that advice to
the Governor-General, consult with the Leader of the Opposition;
c. one member appointed by the Governor-General after consultation with the
appropriate bodies representing the public service; and
d. one member appointed by the Governor-General after consultation with the
appropriate body representing members of the Police Force.
shall apply in relation to the Board as they apply in relation to the Public Service
Commission except that, in so applying subsection (8) of that section, the provision
whereby the Governor-General acts in accordance with the advice of the Prime
Minister shall be read as a provision whereby the Governor-General acts in his
discretion.
3. If at any time any member of the Board is for any reason unable to exercise the
functions of his office, the Governor-General, acting in accordance with the advice
of the person upon whose advice that member was appointed or, as the case may
be, after consultation with the body that he had consulted before appointing that
member, 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 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 such advice or, as the
case may be, after such consultation as above in this subsection:
tendering any advice to the Governor-General under this subsection in respect of
the appointment of any person to act for any member of the commission appointed
under paragraph (b) of the subsection (1) of this section.
4. The Board shall, in the exercise of its functions under this Constitution, not be
subject to the direction or control of any other person or authority.
5. In this section-
"the appropriate bodies representing the public service" means the Antigua and
Barbuda Civil Service Association or such other body representing the interests of
public officers as the Governor-General may designate;
"the appropriate body representing members of the Police Force" means the Police
Welfare Association or such other body representing the interests of members of
the Police Force as the Governor-General may designate.
APPEALS IN DISCIPLINARY CASES.
107.-
1. This section applies to-

a. any decision of the Governor-General acting in accordance with the advice
of the Public Service Commission, or any decision of the Public Service
Commission, to remove a public officer from office or to exercise
disciplinary control over a public officer (including a decision made on
appeal from or confirming a decision of any person to whom powers are
delegated under section 100(2) of this Constitution);
b. any decision of any person to whom powers are delegated under section
100(2) of this Constitution to remove a public officer from office or to
exercise disciplinary control over a public officer (not being a decision which
is subject to appeal to or confirmation by the Public Service Commission);
c. any decision of the Public Service Commission to give such concurrence as
is required by section 110(1) or (2) of this Constitution in relation to the
refusal, withholding, reduction in amount or suspending of any pensions
benefits in respect of an officer's service as a public officer;
d. any decision of the Police Service Commission to remove a member of the
Police Force from office or o exercise disciplinary control over such a
member under section 105(1) of this Constitution;
e. if it is so provided by Parliament, any decision of the Commissioner of
Police under subsection (5) of section 105 of this Constitution, or of a
person to whom powers are delegated under subsection (6) of that section,
to remove a police officer from office or to exercise disciplinary control over
a police officer;
f. such decisions with respect to the discipline of any military, naval or air
force of Antigua and Barbuda as may be prescribed by Parliament.
2. Subject to the provisions of this section an appeal shall lie to the Board from any
decision to which this section applies at the instance of the public officer, police
officer or member of the naval, military or air force in respect of whom the decision
is made:
Provided that in the case of any such decision as is referred to in subsection (1) (e)
if this section, an appeal shall lie in the first instance to the Police Service
Commission if it is so provided by Parliament, in which case the Commission shall
have the like powers as are conferred on the Board by subsection (1) of section
108 of this Constitution.
POWERS AND PROCEDURE OF BOARD.
108.-
1. Upon an appeal under section 107 of this Constitution or any law enacted in
pursuance of that section, the Board may affirm or set aside the decision appealed
against or make any other decision which the authority or person from which the
appeal lies could have made.
2. Every decision of the Board shall require the concurrence of a majority of all the
members of the Board entitled to participate in the proceedings of the Board for the
purpose of making that decision.
3. Subject to the provisions of subsection (2) of this section, the Board may by
regulation make provision for-
a. the procedure of the Board;
b. the procedure in appeals under this Part;
c. excepting from that provisions of section 107(1) of this Constitution
decisions in respect of public officers holding offices whose emoluments do
not exceed such sums as may be prescribed by the regulations or such
decisions to exercise disciplinary control, other than decisions to remove
from office, as may be so prescribed.
4. Regulations made under this section may, with the consent of the Prime Minister,
confer powers or impose duties on any public officer or any authority of the
Government for the purpose of the exercise of the functions of the Board.
5. The Board may, subject to the provisions of this section and to its rules of
procedure, act notwithstanding any vacancy in its membership or the absence of
any member.
PART 4
PENSIONS
PENSIONS LAWS AND PROTECTION OF PENSIONS RIGHTS.
109.-
1. The law to be applied with respect to any pensions benefits that were granted to
any person before 1st November 1981 shall be the law that was in force at the date
on which those benefits were granted or any law in force at a later date that is not
less favourable to that person.
2. The law to be applied with respect to any pensions benefits (not being benefits to
which subsection (1) of this section applies) shall-
a. in so far as those benefits are wholly in respect of a period of service as a
judge or officer of the Supreme Court or a public officer that commenced
before 1st November 1981, be the law that was in force on that date; and
b. in so far as those benefits are wholly or partly in respect of a period of
service as a judge or officer of the Supreme Court or a public office that
commenced after 31st October 1981, be the law in force on the date on
which that period of service commenced, or any law in force at a later date
that is not less favourable to that person.
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 for which he opts shall for the purposes of this
section, be deemed to be more favourable to him than the other law or laws.
4. All pensions benefits shall (except to the extent that they are by law charged upon
and duly paid out of some other fund) be a charge on the Consolidated Fund.
5. In this section "pensions benefits" means any pensions, compensations, gratuities
or other like allowances for persons in respect of their service as judges or officers
of the Supreme Court or public officers or for the widows, children, dependants or
personal representatives of such persons in respect of such service.
6. References in this section to the law with respect to pensions benefits include
(without prejudice to their generality) references to the law regulating the
circumstances in which such benefits may be granted or in which the grant of such
benefits may be refused, the law regulating the circumstances in which such
benefits that have been granted may be withheld, reduced in amount or suspended
and the law regulating the amount of any such benefits.
7. In this section references to service as a judge are references to service as a judge
of the Supreme Court and references to service as a public officer include service
in an office established under section 12 of the Supreme Court Order.
POWER TO WITHHOLD PENSIONS ETC.
110.-
1. Where under any law any person or authority has a discretion-

a. to decide whether or not any pensions benefits shall be granted; or
b. to withhold, reduce in amount or suspend any such benefits that have been
granted, those benefits shall be granted and may not be withheld, reduced
in amount or suspended unless the Public Service Commission concurs in
the refusal to grant the benefits or, as the case may be, in the decision to
withhold them, reduce them in amount or suspend them.
2. Where the amount of any pensions benefits that may be granted to any person is
not fixed by law, the amount of the benefits to be granted to him shall be the
greatest amount for which he is eligible unless the Public Service Commission
concurs in his being granted benefits of a smaller amount.
3. The Public Service Commission shall not concur under subsection (1) or
subsection (2) of this section in any action taken on the ground that any person
who holds or has held the office of a judge of the Supreme Court, Director of Public
Prosecutions or Director of Audit or Supervisor of Elections has been guilty of
misbehaviour in that office unless he has been removed from that office by reason
of such misbehaviour.
4. Before the Public Service Commission concurs under subsection (1) or subsection
(2) of this section in any action taken on the ground that any person (who holds or
has held any office to which, at the time of such action, section 103 of this
Constitution applies) has been guilty of misbehaviour in that office, the Public
Service Commission shall consult the Judicial and Legal Services Commission.
5. In this section "pensions benefits" means any pensions, compensations, gratuities
or other like allowances for persons in respect of their service as judges or officers
of the Supreme Court or public officers or for the widows, children, dependants or
personal representatives of such persons in respect of such service.
6. In this section references to service as a public officer include service in an office
established under section 12 of the Supreme Court Order.
CHAPTER VIII
CITIZENSHIP
BELONGER STATUS.
111.- On and after 1st November 1981 a person shall, for the purposes of any law, be
regarded as belonging to Antigua and Barbuda if, and only if, he is a citizen.
PERSONS WHO AUTOMATICALLY BECOME CITIZENS AT COMMENCEMENT OF

THIS CONSTITUTION.
112.- The following persons shall become citizens on 1st November 1981-
a. every person who, having been born in Antigua, was on 31st October 1981, a
citizen of the United Kingdom and Colonies;
b. every person born outside Antigua if either of his parents or any one of his
grandparents was born therein or was registered or naturalised while resident in
Antigua;
c. every person who on 31st October 1981 was a citizen of the United Kingdom and
Colonies-
i. having become such a citizen under the British Nationality Act 1948 by
virtue of his having been naturalised while resident in Antigua as a British
subject before the Act came into force; or
ii. having while resident in Antigua become such a citizen by virtue of his
having been naturalised or registered under that Act;
d. every person who, having been born outside Antigua was on 31st October 1981 a
citizen of the United Kingdom and Colonies and if his father or mother becomes, or
would but for his or her death or the renunciation of his or her citizenship of the
United Kingdom and Colonies have becomes, a citizen by virtue of paragraph (a),
(b) or (c) of this section;
e. every woman who, having been married to a person who becomes, or but for his
death or the renunciation of his citizenship of the United Kingdom and Colonies,
would have become a citizen by virtue of paragraph (a), (b), (c) or (d) of this
section, was a citizen of the United Kingdom and Colonies on 31st October 1981;
f. every person who on 31st October 1981 was under the age of eighteen years and
is the child, stepchild, or child adopted in a manner recognised by law, of such a
person as is mentioned in any of the preceding paragraphs of this section.
PERSONS WHO AUTOMATICALLY BECOME CITIZENS AFTER COMMENCEMENT

OF THIS CONSTITUTION.
113.- The following persons shall become citizens at the date of their birth on or after 1st
November 1981-
a. every person born in Antigua and Barbuda:

Provided that a person shall not become a citizen by virtue of this paragraph if at
the time of his birth-
i. neither of his parents is a citizen and either of them possess such immunity
from suit and legal process as is accorded to the envoy of a foreign
sovereign power accredited to Antigua and Barbuda; or
ii. either of his parents is a citizen of a country with which Her Majesty is at
war and the birth occurs in a place then under occupation by that country;
b. every person born outside Antigua and Barbuda if at the date of his birth wither of
his parents is or would have been but for that parent's death, a citizen by virtue of
section 112 of this Constitution or paragraph (a) of this section;
c. every person born outside Antigua and Barbuda if at the date of his birth either of
his parents is, or would have been but for that parent's death, a citizen employed in
service under the Government or under an authority of the Government that
requires him or her to reside outside Antigua and Barbuda for the proper discharge
of his or her functions.
PERSONS ENTITLED TO CITIZENSHIP BY REGISTRATION AFTER

COMMENCEMENT OF THIS CONSTITUTION.
114.-
1. Subject to the provisions of paragraph (e) of section 112 and of section 117 of this
Constitution, the following persons shall be entitled, upon making application, to be
registered on or after 1st November 1981-
a. any person who, on 31st October 1981-
i. was married to a person who becomes a citizen by virtue of section
112 of this Constitution; or
ii. was married to a person who, having died before 1st November
1981, would have but for his or her death, become a citizen by virtue
of that section:
Provided that such person is not, or was not at the

time of the death of the spouse, living apart from the
spouse under a decree of a competent court or a
deed of separation;
b. any person who-

i. was married to a person who is or becomes a citizen; or
ii. was married to a person who was or, but for his or her death, would
have become a citizen:
Provided that no application shall be allowed from

such person before the marriage has subsisted for
upwards of three years and that such person is not,
or was not at the time of the death of the spouse,
living apart from the spouse under a decree of a
competent court or a deed of separation;
c.
i. every person being a Commonwealth citizen who on 31st October
1981 was domiciled in Antigua and had been ordinarily resident
therein for a period of not less than seven years preceding that day;
ii. any person who being a Commonwealth citizen is domiciled in
Antigua and Barbuda and has for a period of not less than seven
years immediately preceding his application been lawfully ordinarily
resident in Antigua and Barbuda (whether or not that period
commenced before 1st November 1981);
d. any person who, but for having renounced his citizenship of the United
Kingdom and Colonies in order to qualify for the acquisition or retention of
the citizenship of another country, would have become a citizen on 1st
November 1981;
e. any person who, having been a citizen, had to renounce his citizenship in
order to qualify for the acquisition or retention of the citizenship of another
country;
f. any person under the age of eighteen years who is the child, stepchild or
child adopted in a manner recognised by law of a citizen or is the child,
stepchild or child so adopted of a person who is or would but for his death
have been entitled to be registered as a citizen under this subsection.
2. An application under this section shall be made in such manner as may be
prescribed as respects that application by or under a law enacted by Parliament
and, in the case of a person to whom subsection (1) (f) of this section applies, it
shall be made on his behalf by his parent or guardian:
provided that if the person to whom subsection (1) (f) of this section applies is or
has been married, the application may be made by that person.
DUAL CITIZENSHIP
115.-
1. A person, who on 1st November 1981, is a citizen or entitled to be registered as

such and is also a citizen of some other country or entitled to be registered as such
shall not solely on the ground that he is or becomes a citizen of that country, be-
a. deprived of his citizenship;
b. refused registration as a citizen; or
c. required to renounce his citizenship of that other country, by or under any
law.
2. A person referred to in subsection (1) of this section shall not-
a. be refused a passport of Antigua and Barbuda or have such a passport
withdrawn, cancelled, or impounded solely on the ground that he is in
possession of a passport issued by some other country of which he is a
citizen; or
b. be required to surrender or be prohibited from acquiring a passport issued
by some other country of which he is a citizen before being issued with a
passport of Antigua and Barbuda or as a condition of retaining such a
passport.
POWERS OF PARLIAMENT.
116.-
1. Without prejudice to and subject to the provisions of sections 11, 112, 113, 114 and
115 of this Constitution, Parliament may, pursuant to the provisions of this section,
make provision for the acquisition of citizenship by registration.
2. An application for registration under this section may be refused by the Minister
responsible for the matter in any case in which he is satisfied that there are
reasonable grounds for refusing the application in the interests of defence, public
safety, public morality or public order.
3. There shall be such provision as may be made by Parliament-
a. for the acquisition of citizenship of Antigua and Barbuda by persons who
are not eligible or who are no longer eligible to become citizens under the
provisions of this Chapter;
b. for the renunciation by any person of his citizenship;
c. for the certification of citizenship for persons who had acquired that
citizenship and who desire such certification; and
d. for depriving of his citizenship any person who is a citizen by virtue of
registration if such registration as a citizen was obtained by false
representation or fraud or willful concealment of material facts or if he is
convicted in Antigua and Barbuda of an act of treason or sedition;
Provided that any law enacted for the purposes of paragraph (d) of this section
shall include provisions under which the person concerned shall have a right of
appeal to a court of competent jurisdiction or other independent authority and shall
be permitted to have legal representation of his own choice.
OATH OF ALLEGIANCE.
117.- Any person not already owing allegiance to the Crown who applies for registration
under section 114 of this Constitution shall before such registration, take the oath of
allegiance.
INTERPRETATION.
118.-
1. Any reference in this Chapter to the national status of the father of a person at the
time of that person's birth shall, in relation to a person born after the death of his
father, be construed as a reference to the national status of the father at the time of
the father's death; and where that death occurred before 1st November 1981 the
national status that the father would have had if he had died on that day shall be
deemed to be his national status at the time of his death:
Provided that in the case of a child born out of wedlock references to the mother
shall be substituted for such references to the father.
2. In this Chapter-
"child" includes a child born out of wedlock and not legitimated;

"father", in relation to a child born out of wedlock and not legitimated, includes a
person who acknowledges and can show that he is the father of the child or has
been found by a court of competent jurisdiction to be the father of the child;
"parent" includes the mother of a child born out of wedlock.
3. For the purposes of this Chapter, a person born aboard a registered 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 was registered or, as the case may be, in that country.
CHAPTER IX
JUDICIAL PROVISIONS
ORIGINAL JURISDICTION, HIGH COURT CONSTITUTION QUESTIONS.
119.-
1. Subject to the provisions of sections 25(2), 47(8)(b), 56(4), 65(5), 124(7)(b) and
124 of this Constitution, any person who alleges that any provision of this
Constitution (other than a provision of Chapter II) has been or is being contravened
may, if he has a relevant interest, apply to the High Court for a declaration and for
relief under this section.
2. The High Court shall have jurisdiction on an application made under this section to
determine whether any provision of this Constitution (other than a provision of
Chapter II) has been or is being contravened and to make a declaration
accordingly.
3. Where the High Court makes a declaration under this section that a provision of
this Constitution has been or is being contravened and the person on whose
application the declaration is made has also applied for relief, the High Court may
grant to that person such remedy as it considers appropriate, being a remedy
available generally under any law in proceedings in the High Court.
4. The Chief Justice may make provision, or authorise the making of provision, with
respect to the practice and procedure of the High Court in relation to the jurisdiction
and powers conferred on the court by or under this section, including provision with
respect to the time within which any application under this section may be made.
5. A person shall be regarded as having a relevant interest for the purpose of an
application under this section only if the contravention of this Constitution alleged
by him is such as to affect his interests.
6. The rights conferred on a person by this section to apply for a declaration and relief
in respect of an alleged contravention of this Constitution shall be in addition to any
other action in respect of the same matter that may be available to that person
under any other law or any rule of law.
7. Nothing in this section shall confer jurisdiction on the High Court to hear or
determine any such question as is referred to in section 44 of this Constitution.
REFERENCE OF CONSTITUTIONAL QUESTIONS TO HIGH COURT.
120.-
1. Where any question as to the interpretation of this Constitution arises in any court
of law established for Antigua and Barbuda (other than the Court of Appeal, the
High Court or a court-martial) and the court is of the opinion that the question
involves a substantial question of law, the court may, and shall if any party to the
proceedings so requests, refer the question to the High Court.
2. Where any question is referred to the High Court in pursuance of this section, the
High Court shall give its decision upon the question and the court in which the
question arose shall dispose of the case in accordance with that decision or, if the
decision is the subject of an appeal to the Court of Appeal or Her Majesty in
Council, in accordance with the decision of the Court of Appeal or, as the case may
be, Her Majesty in Council.
APPEALS TO COURT OF APPEAL.
121.- Subject to the provisions of section 44 of this Constitution, an appeal shall lie from
decisions of the High Court to the Court of Appeal as of right in the following cases-
a. final decisions in any civil or criminal proceedings on questions as to the

interpretation of this Constitution;
b. final decisions given in exercise of the jurisdiction conferred on the High Court by
section 18 of this Constitution (which relates to the enforcement of the fundamental
rights and freedom); and
c. such other cases as may be prescribed by Parliament.
APPEALS TO HER MAJESTY IN COUNCIL.
122.-
1. An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council
as of right in the following cases-
a. final decisions in any civil proceedings where the matter in dispute on the
appeal to Her Majesty in Council is of the prescribed value or upwards or
where the appeal involves directly or indirectly a claim to or question
respecting property or a right of the prescribed value or upwards;
b. final decisions in proceedings for dissolution or nullity of marriage;
c. final decisions in any civil or criminal proceedings which involve a question
as to the interpretation of this Constitution; and
d. such other cases as may be prescribed by Parliament.
2. Subject to the provision of section 44(8) of this Constitution, an appeal shall lie
from decisions of the Court of Appeal to Her Majesty in Council 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 Her
Majesty in Council; and
b. such other cases as may be prescribed by Parliament.
3. An appeal shall lie to Her Majesty in Council with the special leave of Her Majesty
from any decision of the Court of Appeal in any civil or criminal matter.
4. Reference in this section to decisions of the Court of Appeal shall be construed as
references to decisions of the Court of Appeal in exercise of the jurisdiction
conferred upon that court by this Constitution or any other law for the time being in
force.
5. In this section the prescribed value means the value of fifteen hundred dollars or
such other value as may be prescribed by Parliament.
CHAPTER X
MISCELLANEOUS
LOCAL GOVERNMENT.
123.-
1. There shall be a Council for Barbuda which shall be the principal organ of local
government in that island.
2. The Council shall have such membership and functions as Parliament may
prescribe.
3. Parliament may alter any of the provisions of the Barbuda Local Government Act,
1976, specified in schedule 2 to this Constitution (which provisions are in this
section referred to as "the said provisions") in the manner specified in the following
provisions of this section and in no other manner whatsoever.
4. A bill to alter any of the said provisions shall not be regarded as being passed by
the House unless after its final reading in that House the bill is referred to the
Barbuda Council by the Clerk, of the House and the Barbuda Council gives its
consent to the bill by resolution of the Council, notice of which shall forthwith be
given by the Council to the Clerk of the House.
5. An amendment made by the Senate to such a bill as is referred to in subsection (4)
of this section which bill has been passed by the House and consented to by the
Barbuda Council shall not be regarded as being agreed to by the House for the
purpose of section 55 of this Constitution unless the Barbuda Council signifies to
the Clerk of the House the consent by resolution of the Barbuda Council to that
amendment.
6. For the purpose of section 55 (4) of this Constitution, an amendment of a bill to
alter any of the said provisions shall not be suggested to the Senate by the House
unless the Barbuda Council signifies to the Clerk of the House the consent by
resolution of the Barbuda Council for the House so to suggest the amendment.
7.
a. A bill to alter any of the said provisions shall not be submitted to the
Governor-General for his assent unless it is accompanied by a certificate
under the hand of the Speaker (or, if the Speaker is for any reason unable
to exercise the functions of his office, the Deputy Speaker) that the
provisions of subsection (4), (5) or (6), as the case may be, of this section
have been complied with.
b. The certificate of the Speaker or, as the case may be, the Deputy Speaker,
under this subsection shall be conclusive that the provisions of subsection
(4), (5) or (6), as the case may be, of this section have been complied with
and shall not be enquired into in any court of law.
CERTAIN QUESTIONS NOT TO BE ENQUIRED INTO IN ANY COURT.

124.- Where by this Constitution the Governor-General is required to perform any function
in accordance with the advice of the Cabinet, the Prime Minister or any other Minister or
the Leader of the Opposition or any other person, body or authority or after consultation
with any person, body or authority, the question whether the Governor-General has
received or acted in accordance with such advice, or whether such consultation has taken
place, shall not be enquired into in any court of law.
RESIGNATIONS.
125.-
1. Any person who is appointed or elected to any office established by this

Constitution may resign from that office by writing under his hand addressed to the
person or authority by whom he was appointed or elected;
Provided that-
a. The resignation of a person from the office of President or Vice-President or

from the office of Speaker or Deputy Speaker shall be addressed to the
Senate or the House, as the case may be, and
b. the resignation of any person from membership of the Senate or the House
shall be addressed to the President or the Speaker, as the case may be.
2. The resignation of any person from any such office as aforesaid shall take effect
when the writing signifying the resignation is received by the person or authority to
whom it is addressed or any person authorised by that person or authority to
receive it.
REAPPOINTMENTS AND CONCURRENT APPOINTMENTS.
126.-
1. Where any person has vacated any office established by this Constitution or any
office of Minister established under this Constitution, he may, if qualified, again be
appointed or elected to that office in accordance with the provisions of this
Constitution.
2. Where this Constitution vests in any person or authority the power to make any
appointment to any 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 the relinquishment of that 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.
INTERPRETATION.
127.-
1. In this Constitution, unless the context otherwise requires-

"citizen" means a citizen of Antigua and Barbuda and "citizenship" shall be
construed accordingly;
"Commonwealth citizen" has such meaning as Parliament may by law prescribe;
"dollars" means dollars in the currency of Antigua and Barbuda;
"financial year" means any period of twelve months beginning on 1st January in
any year or such other date as Parliament may prescribe;
"the Government" means the Government of Antigua and Barbuda;
"the House" means the House of Representatives;
"law" means any law in force in Antigua and Barbuda or any part thereof, including
any instrument having the force of law and any unwritten rule of law and "lawful"
and "lawfully" shall be construed accordingly;
"Minister" means a Minister of the Government;
"oath" includes affirmation;
"oath of allegiance" means the oath of allegiance set out in schedule 3 to this
Constitution;
"oath of office" means, in relation to any office, the oath for the due execution of
that office set out in schedule 3 to this Constitution;
"oath of secrecy" means the oath of secrecy set out in schedule 3 to this
Constitution;
"Parliament" means the Parliament of Antigua and Barbuda;
"the Police Force" means the Police Force established by the Police Act(a) and
includes any other police force established by or under a law enacted by
Parliament to succeed to or to supplement the functions of the Police Force;
"President" and "Vice-President" means the respective persons holding office as

President and Vice-President of the Senate;
"public office" means any office of emolument in the public service and includes an
office of emolument in the Police Force;
"public officer" means a person holding or acting in any public office and includes
an officer or member of the Police Force;
"the public service" means, subject to the provisions of this section, the service of
the Crown in a civil capacity in respect of the government of Antigua and Barbuda;
"session" means the period beginning when the Senate or the House first meets
after any prorogation or dissolution of Parliament and ending when Parliament is
prorogued or is dissolved without having been prorogued;
"sitting" means in relation to either House of Parliament the period during which the
House is sitting continuously without adjournment and includes any period during
which it is in committee;
"Speaker" and "Deputy Speaker" means the respective persons holding office as
Speaker and Deputy Speaker of the House;
2. In this Constitution references to an office in the public service shall not be

construed as including-
a. references to the office of President or Vice-President, Speaker or Deputy
Speaker, Prime Minister or any other Minister, Parliamentary Secretary,
member of either House of Parliament or the Ombudsman;
b. references to the office of a member of any Commission established by this
Constitution or a member of the Advisory Committee on the Prerogative of
Mercy or a member of the Public Service Board of Appeal;
c. references to the office of a judge or officer of the Supreme Court;
d. save in so far as may be provided by Parliament, references to the office of
a member of any council, board, panel, committee or other similar body
(whether incorporated or not) established by or under any law.
3. In this Constitution-
a. references to this Constitution, the Supreme Court Order, the British
Nationality Act 1948 or the Barbuda Local Government Act, 1976, or any
provision thereof, include references to any law altering this Constitution or
that Order, Act or provision, as the case may be;
b. references to the Supreme Court, the Court of Appeal, the High court and
the Judicial and Legal Services Commission are references to the Supreme
Court, the Court of Appeal, the High Court and the Judicial and Legal
Services Commission established by the Supreme Court Order;
c. references to the Chief Justice have the same meaning as in the Supreme
Court Order;
d. references to a judge of the Supreme Court are references to a judge of the
High Court or Court of Appeal and, unless the context otherwise requires,
includes references to a judge of the former Supreme Court of the
Windward Islands and Leeward Islands; and
e. references to officers of the Supreme Court are references to the Chief
Registrar and other officers of the Supreme court appointed under the
Supreme Court Order.
4. For the purpose of this Constitution, a person shall not be regarded as holding an
office by reason only of the fact that he is in receipt of a pension or other like
allowance in respect of his former tenure of any office.
5. In this Constitution , unless the context otherwise requires, a reference to the
holder of an office by the term designating his office shall be construed as
including, to the extent of his authority, a reference to any person for the time being
authorised to exercise the functions of that office.
6. Except in the case where this Constitution provides for the holder of any office
thereunder to be such person holding or acting in any other office as may for the
time being be designated in that behalf by some other specified person or authority
, no person may, without his consent, be nominated for election to any such office
or be appointed to or to act therein or otherwise be selected therefor.
7. 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:
Provided that-
a. nothing in this subsection shall be construed as conferring on any person or

authority the power to require the Director of Public Persecutions, the
Director of Audit or the Supervisor of Elections to retire from the public
service; and
b. 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. Any provision in this Constitution that vests in any person or authority the power to
remove any public officer from his office shall be without prejudice to the power of
any person or authority to abolish any office or to any law providing for the
compulsory retirement of public officers generally or any class of public officer on
attaining an age specified by or under that law.
9. 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.
10. No provision of this Constitution that any person or authority shall not be subject to
the direction or control of any other person or authority in the exercise of any
functions under this Constitution shall be construed as precluding a court of law
from exercising jurisdiction in relation to any question whether that person or
authority has exercised those functions in accordance with this Constitution or any
other law.
11. Without prejudice to the provisions of section 14 of the Interpretation Act 1978(a)
(as applied by subsection (16) of this section), where any power is conferred by
this Constitution to make any order, regulation or rule or give any direction or make
any designation, the power shall be construed as including the power, exercisable
in like manner and subject to the like conditions, if any, to amend or revoke any
such order, regulation, rule, direction, or designation.
12. Subject to the provisions of subsection 3(a) of this section any reference in this
Constitution to a law made before 1st November 1981 shall, unless the context
otherwise requires, be construed as a reference to that law as it had effect on 31st
October 1981.
13. In this Constitution references to altering this Constitution or any other law, or any
provision thereof, include references-
a. to revoking it with or without re-enactment thereof or the making of different
provision in lieu thereof;
b. to modifying it whether by omitting or amending any of its provisions or
inserting additional provisions in it or otherwise; and
c. to suspending its operation for any period or terminating any such
suspension.
14. In this Constitution, any reference to a time when Her Majesty is at war shall be
construed as a reference to a time when Antigua and Barbuda is engaged in
hostilities with another country.
15. In relation to all matters previous to 1st November 19981 references in this
Constitution to Antigua or to Antigua and Barbuda shall in relation to the periods
specified include (to such extent as the context may require) references as
follows:-
a. to the associated state of Antigua as respects the period from 27th
February 1967 to 31st October 1981;
b. to the colony of Antigua as respects the period from 1st July 1956 to 26th
February 1967; and
c. to the presidency of Antigua comprised in the colony of the Leeward Islands
as respects the period from 5th March 1872 to 30th June 1956.
16. The Interpretation Act 1978 shall apply, with the necessary adaptations, for the
purpose of interpreting this Constitution and otherwise in relation thereto as it
applies for the purpose of interpreting and in relation to Acts of Parliament of the
United Kingdom.
PART 1
THE PROVISIONS OF THE CONSTITUTION REFERRED TO IN SECTION 47(5)
i. Chapter II;
ii. Chapter VI;
iii. Sections 22, 23, 68 and 80;
iv. Sections 27, 28, 36, 40, 44, 46, 52, 54, 57, 58, 59, 60, 61, 62, 63, 64 and 65.
v. Chapter VII (except sections 106, 107 and 108);
vi. Chapter VIII;
vii. Chapter I;
viii. Section 123;
ix. Section 127 in its application to any of the provisions mentioned in the foregoing
items of this part.
PART II
THE PROVISIONS OF THE SUPREME COURT ORDER REFERRED TO IN SECTION
47(5)
Sections 4, 5, 6, 8, 11, 18 and 19.
Section 123(3) to (7)
PROVISIONS OF THE BARBUDA LOCAL GOVERNMENT ACT, 1976
REFERRED TO IN SECTION 123(3) TO (7)
Sections 1 to 44 and the First Schedule

Section 127(1)
OATH (OR AFFIRMATION) OF ALLEGIANCE
I, ___________, do swear (or solemnly affirm) that I will faithfully bear true allegiance to
Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, according to law.
So help me God. (To be omitted in affirmation).
OATH (OR AFFIRMATION) OF OFFICE
I, ___________, do swear (or solemnly affirm) that I will honour, uphold and preserve the
Constitution of Antigua and Barbuda 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.
So help me God. (To be omitted in affirmation).
OATH (OR AFFIRMATION) OF OFFICE
I, ___________, do swear (or solemnly affirm) that I will not on any account, at any time
whatsoever, disclose any counsel, advice, opinion or vote given by any Minister as a
member of the Cabinet and that I will not, except with the authority of the Cabinet and to
such extent as may be required for the proper conduct of the government of Antigua and
Barbuda, directly or indirectly reveal the business or proceedings of the Cabinet or any
matter coming to my knowledge as a member of (or Secretary to) the Cabinet.
So help me God. (To be omitted in a affirmation).
TRANSITIONAL PROVISIONS
ARRANGEMENT OF PARAGRAPHS
Paragraph
1. Discharge of Governor-General's functions.

2. Existing laws.
3. Parliament.
4. Ministers and Parliamentary Secretaries.
5. Office of Attorney-General.
6. Existing public officers.
7. Supreme Court Order.
8. Appeals Order.
9. Protection from deprivation of property.
10. Commonwealth citizen.
11. Interpretation.
DISCHARGE OF GOVERNOR-GENERAL'S FUNCTIONS.
1.- Until such time as a person has assumed office as Governor-General having been
appointed as such in accordance with section 22 of the Constitution, the person who on
31st October 1981 held office as Governor of Antigua (or, if there is no such person, the
person who was then acting as Governor) shall discharge the functions of the office of
Governor-General.
EXISTING LAW.
2.-
1. The existing laws shall, as from 1st November 1981, be construed with such
modifications, adaptations, qualifications, and exceptions as may be necessary to
bring them into conformity with the Constitution and the Supreme Court Order.
2. Where any matter that falls to be prescribed or otherwise provided for under the
Constitution by Parliament or by any other authority or person is prescribed or
provided for by or under an existing law (including any amendment to any such law
made under this paragraph), that prescription or provision shall, as from 1st
November 1981, have effect (with such modifications, adaptations, qualifications
and exceptions as may be necessity to bring it into conformity with the Constitution
and the Supreme Court Order) as if it has been made under the Constitution by
Parliament or, as the case may require, by the other authority or person.
3. The Governor-General may by order made at any time before 1st November 1982
make such alterations to any existing law as may appear to him to be necessary or
expedient for bringing that law into conformity with the provisions of the
Constitution and the Supremem Court Order or otherwise for giving effect or
enabling effect to be given to those provisions.
4. The provisions of this paragraph shall be without prejudice to any powers conferred
by the Constitution or by any other law upon any person or authority to make
provision for any matter, including the alteration of any existing law.
5. For the purposes of this paragraph the expression "existing law" means any Act,
Ordinance, rule, regulation, order or other instrument made in pursuance of or
continued in force by or under the former Constitution and having effect as part of
the law of Antigua on 31st October 1981 and includes any Act of the Parliament of
the United Kingdom or Order in Council or other instrument made under any such
Act (except this Order and the Supreme Court Order) to the extent that it so had
effect on that date.
PARLIAMENT.
3.-
1. Until their boundaries are altered in pursuance of section 65 of the Constitution, the
boundaries of the constituencies shall, for the purpose of the election of members
of the House, be the same as those of the constituencies into which Antigua was
divided on 31st October 1981 for the purpose of the election of members of the
House of Representatives under the former Constitution and those boundaries
shall be deemed to have been established under that section.
2. The persons who, on 31st October 1981 were elected members of the House of
Representatives under the former Constitution shall, as from 1st November 1981,
be deemed to have been elected in pursuance of the provisions of section 36 of the
Constitution in the respective constituencies corresponding to the constituencies by
which they were returned to the House and shall hold their seats in the House in
accordance with the provisions of the Constitution.
3. The persons who, on 31st October 1981 were members of the Senate under the
former Constitution, shall, as from 1st November 1981, be deemed to have been
appointed Senators in pursuance of Section 28 of the Constitution and shall hold
their seats as Senators in accordance with the provisions of the Constitution.
4. The persons who, on 31st October 1981 were respectively the President and Vice-
President of the Senate, the Speaker and Deputy Speaker of the House of
Representatives and, the Attorney-General shall be deemed as from the
commencement of the Constitution to have been elected as President and Vice-
President, Speaker and Deputy Speaker, or, as the case may be, appointed as
Attorney-General in accordance with the provisions of the Constitution and shall
hold office in accordance with those provisions.
5. Until Parliament otherwise provides any person who holds or acts in any office the
holding of which would, immediately before the commencement of the Constitution,
have disqualified him for membership of the Senate or of the House of
Representatives under the former Constitution shall be disqualified to be appointed
as a Senator or elected as a member of the House as though provisions in that
behalf had been made in pursuance of sections 30 and 39 respectively of the
Constitution.
6. The Standing Orders of the Senate or the House of Representatives under the
former Constitution as in force on 31st October 1981 shall, until it is otherwise
provided under section 57(1) of the Constitution, be the rules of procedure of the
Senate or the House, as the case may be, but they shall be construed with such
modifications, adaptations, qualifications and exceptions as may be necessary to
bring them into conformity with the Constitution.
7. For the purposes of section 60 of the Constitution, the first sitting of Parliament
shall be deemed to have taken place (after a dissolution) on 8th May 1980 (that is
to say, the date on which the Parliament established by the former Constitution first
sat after its most recent dissolution).
8. Any person who, by virtue of this paragraph, is deemed as from 1st November
1981 to hold any seat or office in the Senate or the House shall be deemed to have
taken and subscribed any necessary oath for these purposes under the
Constitution.
9. For the purposes of sections 63 and 64 of the Constitution, the Constituencies
Boundaries Commission shall be deemed to have carried out a review and to have
submitted the relevant report thereon on the 1st October 1979 (that is to say, the
date of the last Order made by the Governor under section 59 of the former
Constitution giving effect to the last report of the Commission submitted in
accordance with the provisions of the former Constitution).
MINISTERS AND PARLIAMENTARY SECRETARIES.
4.-
1. The person who, on 31st October 1981, held the office of Premier under the former
Constitution shall, as from 1st November 1981, hold office as Prime Minister as if
he had been appointed thereto under section 69 of the Constitution.
2. The persons who, on 31st October 1981, held office as Ministers (other than the
Premier) or as Parliamentary Secretaries under the former Constitutionshall, as
from 1st November 1981, hold the like offices as if they had been appointed thereto
under section 69 or, as the case may be, section 75 of the Constitution.
3. Any person holding the office of Prime Minister or other Minister by virtue of the
provisions of sub-paragraphs (1) and (2) of this paragraph who, on 31st October
1981, was charged under the former Constitution with responsibility for any matter
or any department of Government, shall, as from 1st November 1981, be deemed
to have been assigned responsibility for the matter or department under section 71
of the Constitution.
OFFICE OF ATTORNEY-GENERAL.
5.- Until Parliament or, subject to the provisions of any law enacted by Parliament, the
Governor-General, acting in accordance with the advice of the Prime Minister, otherwise
provides, the office of Attorney-General shall be that of a Minister.
EXISTING PUBLIC OFFICERS.
6.- Subject to the provisions of the Constitution, every person who immediately before the
commencement of the Constitution held or was acting in a public office under the former
Constitution shall, as from the commencement of the Constitution, continue to hold or act
in that office or the corresponding office established by the Constitution as if he had been
appointed thereto in accordance with the provisions of the Constitution:
Provided that any person who under the former Constitution or any other law in force
immediately before such commencement would have been required to vacate his office at
the expiration of any period shall vacate his office at the expiration of that period.
SUPREME COURT ORDER.
7.- The West Indies Associated States Supreme Court Order 1967(a), in so far as it has
effect as a law, may be cited as the Supreme Court Order and for the purposes of the
Order or any other law --
a. the Supreme Court established by the Order shall, unless Parliament otherwise
provides, be styled the Eastern Caribbean Supreme Court; and
b. references in the Order to the Premier of Antigua or to the Premier of any
independent State shall be construed as references to the Prime Minister of
Antigua and Barbuda or, as the case may be, to the Prime Minister of that other
State.
APPEALS ORDER.
8.- The West Indies Associated States (Appeals to Privy Council) Order 1967(b) may, in its
application to Antigua and Barbuda, be cited as the Antigua and Barbuda Appeals to Privy
Council Order and shall, to the extent that it has effect as a law, have effect as if the
expression "Courts Order" included any law altering the Supreme Court Order and as if
section 3 were revoked.
PROTECTION FROM DEPRIVATION OF PROPERTY.
9.- Nothing in section 9 of the Constitution shall effect the operation of any law in force
immediately before 27th February 1967 or any law made on or after that date that alters a
law in force immediately before that date and does not --
a. add to the kinds of property that may be taken possession of or the rights over and
interests in property that may be acquired;
b. make the conditions governing entitlement to compensation or the amount thereof
less favourable to any person owning or having an interest in the property; or
c. deprive any person of such right as is mentioned in subsection (2) of that section.
COMMONWEALTH CITIZEN.
10.- Until such time as Parliament otherwise prescribes, the expression "Commonwealth
citizen" shall have the meaning assigned to it by the British Nationality Act 1948.
INTERPRETATION
11.-
1. In this schedule --
"the Constitution" means the Constitution set out in Schedule 1 to this

Order;
"the former Constitution" means the Constitution of Antigua as in force on

31st October 1981.
2. The provisions of section 127 of the Constitution shall apply for the purposes of
interpreting this schedule and otherwise in relation thereto as they apply for the
purposes of interpreting and in relation to the Constitution.
EXPLANATORY NOTE
(This Note is not part of the Order.)
This Order, which is made at the request and with the consent of the Associated State of
Antigua under section 5(4) of the West Indies Act 1967, provides a new constitution for
Antigua (which is to be styled Antigua and Barbuda) upon its attainment of fully
responsible government within the Commonwealth at the termination of the status of
association of Antigua with the United Kingdom under the Act on 1st November 1981.
Fuente: Political Database of the Americas (1999) Antigua and Barbuda: Constitution,
1981. [Internet]. Georgetown University and the Organization of American States. In:
http://www.georgetown.edu/pdba/Constitutions/Antigua/antigua-barbuda.html.

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THE CONSTITUTION OF ANTIGUA AND BARBUDA, 1981

ANTIGUA AND BARBUDA

The Antigua and Barbuda Constitution Order 1981

Made: 31st July 1981

At the Court at Buckingham Palace, the 31st day of July 1981

SCHEDULE 1 TO THE ORDER

1. The State and its territory.

3. Fundamental rights and freedoms of the individual.

22. Establishment of office.

28. Composition of the Senate.

The House of Representatives

36. Composition of the House.

46. Power to make laws.

59. Sessions of Parliament.

66. Establishment, appointment, functions etc. of Ombudsman.

67. Appointment, functions and removal of Supervisor of Elections.

68. Executive authority.

87. Appointment and removal of Director of Public Prosecutions.

90. Consolidated Fund.

99. Establishment and composition of Commission.

104. Establishment and composition of Commission.

106. Constitution of Board, etc.

109. Pensions laws and protection of pension rights.

111. Belonger status.

119. Original jurisdiction of High Court in constitutional questions.

123. Local government.

SCHEDULE 1 TO THE CONSTITUTION

The provisions of the Constitution referred to in section 47(5)

The provisions of the Supreme Court Order referred to in section 47(5)

SCHEDULE 2 TO THE CONSTITUTION

SCHEDULE 3 TO THE CONSTITUTION

Oath (or affirmation) of allegiance and office.

SCHEDULE 2 TO THE ORDER

WHEREAS the People of Antigua and Barbuda-

THE STATE AND ITS TERRITORY.

1. Antigua and Barbuda shall be a unitary sovereign democratic State.

CONSTITUTION IS SUPREME LAW.

FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL.

PROTECTION OF RIGHT TO LIFE.

1. No person shall be deprived of his life intentionally save in execution of the

or if he dies as the result of a lawful act of war.

PROTECTION OF RIGHT TO PERSONAL LIBERTY.

1. No person shall be deprived of his personal liberty save as may be authorised by

Provided that a judge, a magistrate or a justice of the peace or an

PROTECTION FROM SLAVERY AND FORCED LABOUR

1. No person shall be held in slavery or servitude.

1. No person shall be subjected to torture or to inhuman or degrading punishment or

PROTECTION OF FREEDOM OF MOVEMENT

PROTECTION FROM DEPRIVATION OF PROPERTY

1. No property of any description shall be compulsorily taken possession of, and no

Provided that if Parliament so provides in relation to any

PROTECTION OF PERSON OR PROPERTY FROM ARBITRARY SEARCH OR ENTRY

5. Reference in this section to a religion shall be construed as including references to

PROTECTION OF FREEDOM OF EXPRESSION INCLUDING FREEDOM OF THE

PROTECTION OF FREEDOM OF ASSEMBLY AND ASSOCIATION

PROTECTION FROM DISCRIMINATION ON THE GROUNDS OF RACE, SEX ETC.

PROVISION TO SECURE PROTECTION OF THE LAW

Provided that where the foregoing conditions have