Title III. Of the Executive Power
Article 59
The executive power is exercised by the President of the Republic and the Government
Chapter I. Of the President of the Republic
Article 60
The President of the Republic is the Head of State.
He sees to the respect for the Constitution.
He assures, by his arbitration, the regular functioning of the public powers as well as the continuity of the State.
He is the guarantor of the national independence, of the sovereignty and of the unity, of the integrity of the territory and of the respect for the treaties and international agreements.
Article 61
The President is elected for a mandate of five years by universal direct suffrage.
It is re-eligible.
Article 62
The Chadians of the two (2) sexes meeting the following conditions[,] may make the act of candidature to the functions of President of the Republic:
- to be Chadian by birth, born of father and of mother themselves Chadian of origin and not having a nationality other than Chadian;
to be thirty-five years [old] at a minimum; to enjoy all their civil and political rights; to have a good physical and mental health; to be of good morality.
The candidate must also pay a surety the amount of which is established by the law.
If the candidate is a member of the armed forces and [forces] of security, he must first be placed on [extended] leave.
Article 63
The candidatures for the Presidency of the Republic are deposited with the Constitutional Council forty (40) clear days at least and sixty (60) clear days at most before the first round of the ballot.
Thirty days before the first round of the ballot, the Constitutional Council orders and publishes the list of the candidates.
Article 64
The ballot is opened on convocation of the Government.
The election of the new President takes place thirty-five (35) days at the latest before the expiration of the mandate in [its] course.
Article 65
In case of death or incapacity of one of the two (2) candidates most favored in the first round[,] before any eventual withdrawals, the Constitutional Council, after deciding, orders that it must proceed again to the whole of the electoral operations; it is the same in case of death or incapacity of one of the two candidates remaining considering [en vue] the second round.
Article 66
The election of the President of the Republic takes place by uninominal majority ballot in two rounds.
The candidate having obtained the absolute majority of the suffrage expressed[,] is declared elected at the first round.
If no candidate has obtained the absolute majority in the first round, it proceeds, the second Sunday following, to a second round for the two candidates arriving ahead.
The candidate having obtained the greatest number of votes at the end of the second round, is elected President of the Republic.
Article 67
The conditions of eligibility, of presentation of the candidatures, of the course of the ballot, of the counting and of the proclamation of the results are specified by the law.
Article 68
The Constitutional Council sees to the regularity of the ballot and decides [on] the results.
The results of the ballot are made the object of a provisional proclamation.
If no objection relative to the regularity of the electoral operations has been deposited with the Constitutional Council by one of the candidates within the five (5) days of the provisional proclamation, the Constitutional Council declares the President of the Republic definitively elected.
In case of objection, the Constitutional Council is held to decide within the fifteen (15) days from the provisional proclamation; its decision leads to definitive proclamation or annulment of the election.
If no objection is raised within the time period of five (5) days and if the Constitutional Council deems that the election was not tainted with any irregularity of a nature leading to its annulment, it proclaims the election of the President of the Republic within the ten (10) days which follow the ballot.
In case of annulment, it proceeds to a new round of the ballot within the fifteen (15) days following the decision.
Article 69
The mandate of the new President of the Republic takes effect counting from the date of expiration of the preceding mandate.
Article 70
Before his entry into [the] functions, the President of the Republic takes an oath publicly before the Constitutional Council in the presence of the members of the National Assembly in these terms:
We ………………, President of the Republic elected according to the laws of the country, solemnly swear before the Chadian People and, on [my] Honor:
- to preserve, respect, to have respected and defend the Constitution and the laws;
to fulfill with loyalty the high functions that the Nation has confided in us; to respect and defend the republican form of the State; to preserve the integrity of the territory and the unity of the Nation; to put all in place to guarantee justice to all citizens; to respect and to defend the rights and the freedoms of individuals”.
Article 71
The functions of the President of the Republic are incompatible with the exercise of any other elective mandate, of any public employment and of any other professional and lucrative activity.
They are equally incompatible with any activity within a political party or group of parties or of a trade union organization.
Article 72
The President of the Republic is held, on his entry into [the] functions and at the end of his mandate, to make on his honor a written statement of his patrimony and to address it to the Supreme Court.
Article 73
During his mandate, the President of the Republic may not by himself[,] or by an intermediary[,] purchase or lease [anything] that belongs to the domain of the State.
He may not take part either by himself[,] or by an intermediary[,] in public and private contracts of the State or of its components.
Article 74
The law establishes the civil list and other benefits granted to the President in office .
It determines equally the modalities of granting of a pension and other benefits to former Presidents enjoying their civil and political rights.
Article 75
In the case of absence from the territory or temporary incapacity of the President of the Republic, his interim is assured by the Prime Minister within the limits of the powers that shall have been delegated to him.
Article 76
In case of vacancy of the Presidency of the Republic for any cause that may be or of definitive incapacity established by the Constitutional Council referred to [the matter] by the Government and deciding with the absolute majority of its members, the attributions of the President of the Republic, with the exception of the powers specified in Articles 79, 82, 83 and 87, are provisionally exercised by the President of the National Assembly and, in case of incapacity of the latter by the First Vice President of said Assembly.
In every case, it proceeds to new presidential elections forty-five (45) days at least and ninety (90) days at most after the opening of the vacancy.
Article 77
Within the interval, the Prime Minister may neither engage the responsibility of the Government before the National Assembly[,] nor may it make use of the motion of censure.
The President of the National Assembly assuring the functions of the President of the Republic may neither dismiss the Prime Minister and his Government, nor proceed to a revision of the Constitution, nor dissolve the National Assembly.
Article 78
During the exercise of his functions, the criminal responsibility of the President of the Republic is only engaged in the case of high treason that Article 173 provides for.
Article 79
The President appoints the Prime Minister.
He terminates his functions on presentation by him of the resignation of the Government.
On the proposal of the Prime Minister, he appoints the other members of Government and terminates their functions.
Article 80
The President presides over the Council of Ministers.
Article 81
The President of the Republic promulgates the laws within the fifteen (15) days which follow the transmission to the Government of the law definitively adopted.
He can, before the expiration of this time period, demand of the National Assembly a new deliberation the law or certain of its articles.
The new deliberation which may not be refused to suspends the time period of promulgation.
In case of urgency, the time period for promulgation is reduced to eight (8) days.
Article 82
The President of the Republic, on proposal of the Government during the duration of the sessions or on proposal from the National Assembly published in the Journal Officiel [Official Gazette] and after the opinion of the Constitutional Council[,] can submit to referendum any bill of law concerning organization of the public powers, including approval an agreement of union or tending to authorize the ratification of a treaty which, without being contrary to the Constitution, would affect the functioning of the institutions.
After the adoption of the draft by referendum, the President of the Republic promulgates the law within the time period provided for in Article 81.
Article 83
When the regular functioning of the public powers is menaced by persistent crises between the executive power and the legislative power or if the National Assembly, in the space of one year, dismisses the Government two times, the President can, after consultation with the Prime Minister and of the President of the National Assembly, declare the dissolution of it.
The general elections take place within a time period of forty-five (45) days after the dissolution of the National Assembly.
The National Assembly meets of plain right [on] the fifteenth working day following its election. If this meeting takes places outside of the periods provided for the ordinary sessions, a session is opened of right for a time period of fifteen (15) days.
A new dissolution may not proceed in the year which follows these elections.
Article 84
The President signs the orders and the decrees taken in the Council of Ministers.
He appoints, in the Council of Ministers, to the high civil and military functions of the State.
An organic law determines the offices over which he has purview in the Council of Ministers as well as the conditions under which the power of appointment of the President of the Republic may be delegated by him to be exercised in his name.
Article 85
The President of the Republic accredits and recalls the ambassadors and extraordinary envoys to the States and the international organizations.
The foreign ambassadors and extraordinary envoys are accredited to him.
Article 86
The President of the Republic is the Supreme Head of the armies. He presides over the superior councils and committees of the National Defense.
Article 87
When the institutions of the Republic, the independence of the Nation, the territorial integrity or the execution of international commitments are menaced in a grave and immediate manner such that the regular functioning of the public powers is interrupted, the President of the Republic, after consultation with the President of the National Assembly and with the President of the Constitutional Council, takes in the Council of Ministers, for a time period not exceeding fifteen (15) days, the exceptional measures required by the circumstances.
This period may only be extended after the conforming opinion of the National Assembly.
The President informs the Nation of it by a message.
The National Assembly meets of plain right if it is not in Session.
These exceptional measures shall not justify infringements of the rights to life, to physical and moral integrity and to the jurisdictional guarantees granted to individuals.
Article 88
The measures taken by virtue of the preceding Article must be inspired by the will to assure to the constitutional public powers, within the least time period, the means to accomplish their mission.
The National Assembly may not be dissolved during the exercise of exceptional powers.
Article 89
The President exercises the right of pardon.
Article 90
The President of the Republic communicates with the National Assembly by messages that he has read and which do not give rise to any debate. Out of session, the National Assembly is convened specially to this effect.
Article 91
The acts of the President of the Republic other than those relating:
- to the appointment of the Prime Minister;
to the dissolution of the National Assembly; to the recourse to the referendum; to the exercise of exceptional powers; to the messages addressed by him to the National Assembly; to the referral [of matters] to the Constitutional Council; to the appointment of members of the Constitutional Council, of the Supreme Court, of the Court of Accounts, of the High Council of Communication, of the High Court of Justice, [and] of the Economic, Social and Cultural Council; to the right of pardon; to the ordinary [simples] Decrees,
are countersigned by the Prime Minister and, the case arising, by the Ministers responsible.
Article 92
The President of the Republic may delegate certain of his powers to the Prime Minister.
Chapter II. Of the Government
Article 93
The Government is composed of the Prime Minister and the Ministers.
Article 94
The Government executes the policy of the Nation defined in the Council of Ministers.
It assures the execution of the laws.
Article 95
The Prime Minister is the Head of Government. He is appointed by decree of the President of the Republic.
Article 96
The other members of the Government are appointed by the President of the Republic on proposal of the Prime Minister.
Article 97
The Prime Minister must, within a maximum time period of twenty-one (21) days, present the Government to the investiture of the National Assembly and obtain from it a vote of confidence on the political program of his Government.
The Government is responsible before the National Assembly within the conditions and following the procedures provided for by Articles 137 and 138.
Article 98
Prime Minister directs, coordinates and animates the governmental action.
He disposes the administration.
He sees to the good functioning of the public services.
Article 99
Under the supervision of the Prime Minister, the Government assures public security and the maintenance of order within respect for the freedoms and for the rights of Man.
To this end, he disposes all the police forces given the charge of maintaining the internal order and security.
Article 100
The Prime Minister presides over the Council of the Cabinet.
He substitutes for the President of the Republic in the presidency of the Council of Ministers, by virtue of an express delegation and for a specific agenda.
He substitutes [for] him equally in the presidency of the councils and committees of defense.
Article 101
The Council of Ministers determines the matters in which the Prime Minister exercises the regulatory power.
Article 102
The Prime Minister can delegate certain of his powers to the members of the Government.
Article 103
The acts of the Prime Minister are countersigned, the case arising, by the Ministers given the charge of their execution.
Article 104
When they enter into [their] functions and at the end, the Prime Minister and other members of the Government are held to make on their honor a written declaration of their patrimony and to address it to the Supreme Court.
The provisions relative to public contracts and adjudications provided for in Article 73 are applicable to the members of the Government.
Article 105
The functions of member of the Government are incompatible with the exercise of any parliamentary mandate, of any function of professional representation of national character, with any public employment or any professional or lucrative activity, with the exception of Higher Education, of Scientific Research, [and] of Health.
An organic law establishes the conditions under which the replacement of the Deputies named to the Government is provided for.
