Brunei Darussalam 1959 Constitution (reviewed 2006)

PART V. COUNCIL OF MINISTERS

10. Establishment of Council of Ministers

There shall be established a Council of Ministers (to be known in Malay as the Majlis Mesyuarat Menteri-Menteri), constituted in accordance with the provisions of this Part.

11. Constitution of Council of Ministers

The Council of Ministers shall consist of the Prime Minister and the Ministers appointed under Clause (3) of Article 4.

12. Tenure of office and vacation of seats

Subject to this Constitution, every Minister shall hold his seat in the Council of Ministers during His Majesty the Sultan and Yang Di-Pertuan’s pleasure.

13. Repealed

14. Attendance at Council of Ministers of non-Members

Whenever His Majesty the Sultan and Yang Di-Pertuan or in his absence, other person presiding decides to obtain the advice of any person touching the affairs of the Government, he may require such person to attend any meeting of the Council of Ministers for such purpose.

15. Precedence

The Members of the Council of Ministers shall have seniority and precedence amongst themselves in that Council as His Majesty the Sultan and Yang Di-Pertuan may assign.

16. Summoning and quorum

1. The Council of Ministers shall not be summoned except by the authority of His Majesty the Sultan and Yang Di-Pertuan.
2. No business shall be transacted at any meeting of the Council of Ministers if there are less than 5 Members of the Council, besides His Majesty the Sultan and Yang Di-Pertuan or other person presiding, present at the meeting, and His Majesty the Sultan and Yang Di-Pertuan or other person presiding at the meeting has objected to the transaction of business on that account.
3. The Council of Ministers shall not be disqualified from the transaction of business by reason of any vacancy amongst its Members, including any vacancy not filled when that Council is first constituted or is reconstituted at any time; and any proceedings therein and decisions taken therefrom shall be valid notwithstanding that some person who was not entitled to do so took part in the proceedings.

17. Presiding in Council of Ministers

In the absence of His Majesty the Sultan and Yang Di-Pertuan, the person who shall preside shall be the Member of the Council of Ministers present who stands first in order of precedence according to Article 15.

18. Consultation with Council of Ministers

1. In the exercise of his powers and the performance of his duties, His Majesty the Sultan and Yang Di-Pertuan shall, subject to the provisions of this Article, consult with the Council of Ministers.
2. Clause (1) shall not apply to the exercise or performance by His Majesty the Sultan and Yang Di-Pertuan of any power or duty, whether conferred or imposed on him by this Constitution or by any written law, if the law by which that power or duty is conferred or imposed empowers or requires His Majesty the Sultan and Yang Di-Pertuan to exercise that power or perform that duty after consultation with some authority other than the Council of Ministers or does not require His Majesty the Sultan and Yang Di-Pertuan to consult with any authority.
3. Notwithstanding Clause (1), His Majesty the Sultan and Yang Di-Pertuan shall not be obliged to consult the Council of Ministers in cases—
   1. which are of such a nature that, in his judgment, Brunei Darussalam may sustain material prejudice by his consulting the Council of Ministers thereon;
   2. in which the matters to be decided are, in his judgment, too unimportant to require the advice of the Council of Ministers; or
   3. in which the matters to be decided are, in his judgment, too urgent to admit of the advice of the Council of Ministers being given by the time within which it may be necessary for him to act:

   Provided that, in every case falling within paragraph (c), His Majesty the Sultan and Yang Di-Pertuan shall, as soon as practicable, inform the Council of Ministers of the measures which he has adopted with the reasons therefor.

4. His Majesty the Sultan and Yang Di-Pertuan shall have the power to set the agenda of the Council of Ministers.

19. His Majesty not bound to act in accordance with the advice of Council of Ministers

1. His Majesty the Sultan and Yang Di-Pertuan is not bound to act in accordance with the advice of the Council of Ministers, but in any such case, he shall record in writing, for inclusion in the minutes, the reasons for his decision.
2. Whenever His Majesty the Sultan and Yang Di-Pertuan shall so act against the advice of the Council of Ministers, any Member shall be competent to require that there be recorded upon the minutes any advice or opinion he may have given upon the question together with the reasons therefor.

19A. Decision of Council of Ministers

No decision of the Council of Ministers shall be valid unless approved by His Majesty the Sultan and Yang Di-Pertuan.

20. Minutes

1. Minutes shall be kept of all the proceedings of the Council of Ministers.
2. As soon as practicable after the minutes of a meeting of the Council of Ministers have been confirmed, a full transcript thereof shall be transmitted by the Secretary to the Council of Ministers to His Majesty the Sultan and Yang Di-Pertuan.

21. Oath to be taken by Members

Every Member of the Council of Ministers, other than the Prime Minister, shall, before entering upon the duties of his office, take or make before His Majesty the Sultan and Yang Di-Pertuan, or some other person authorised by His Majesty the Sultan and Yang Di-Pertuan, an oath or declaration in the form set out as Form III in the First Schedule:

Provided that any person who, having previously been a Member of that Council, again becomes a Member of that Council within one month after the termination of his previous membership thereof may enter on the duties of his office without again taking or making such oath or declaration.

22. Secretary to Council of Ministers

1. His Majesty the Sultan and Yang Di-Pertuan shall appoint some fit and proper person to be the Secretary to the Council of Ministers, and such person shall hold office during His Majesty the Sultan and Yang Di-Pertuan’s pleasure.
2. Before entering upon the duties of the office, the Secretary shall take and subscribe before His Majesty the Sultan and Yang Di-Pertuan or other Member presiding, an oath in the form set out as Form II in the First Schedule.