Chapter IV. The Executive
57. Exercise of executive authority of Grenada
- The executive authority of Grenada is vested in Her Majesty.
- Subject to the provision so this Constitution, the executive authority of Grenada may be exercise on behalf of Her Majesty by the Governor-General either directly or through officers subordinate to him.
- Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the Governor-General.
58. Ministers
- There shall be a Prime Minister of Grenada, who shall be appointed by the Governor-General.
- Whenever the Governor-General has occasion to appoint a Prime Minister he shall appoint a member of the House of Representatives who appears to him likely to command the support of the majority of the members of the House.
- There shall be, in addition to the office of Prime Minister, such other offices of Minister as may be established by Parliament, by the Governor-General, acting in accordance with the advice of the Prime Minister.
- Appointments to the office of Minister, other than the office of Prime Minister, shall be made by the Governor-General, acting in accordance with the advice of the Prime Minister, from among the Senators and the members of the House of Representatives.
- If occasion arises for making an appointment to the office of Prime Minister of any other Minster while Parliament is dissolved, then, notwithstanding any other provision of this section, a person who was a member of the House of Representatives immediately before the dissolution may be appointed as Prime Minister or any other Minster and a person who was a Senator immediately before the dissolution may be appointed as any Minister other than Prime Minister.
- The Governor-General may remove the Prime Minister from office-
- if a resolution of no confidence in the Government of Grenada is passed by the majority of all the members of the House of Representatives and the Prime Minister does not within three days either resign from his office or advise a dissolution of Parliament; or
- if, at any time between the holding of a general election of the members of the House of Representatives and the date on which the House first meets thereafter, the Governor-General considers that in consequence of changes in the membership of the House resulting from that election the Prime Minister will not be able to command the support of the majority of the members of the House.
- The office of any Minister shall become vacant-
- if the holder of the office ceases to be a member of either House of Parliament otherwise than by reason of the dissolution of Parliament;
- in the case of the Prime Minister, if, when the House of Representatives first meets after the dissolution of Parliament, he is not then a member thereof;
- in the case of any other Minister, if, when the House of Representatives first meets after the dissolution of Parliament, he is not then a member of either House of Parliament; or
- if, by virtue of section 27(3) of 33(3) of this Constitution, he is required to cease to perform his functions as a member of a House of Parliament.
- The office of a Minister other than the Prime Minister shall become vacant-
- if the Governor-General, acting in accordance with the advice of the Prime Minister, so directs;
- if the Prime Minister resigns from office within three days after the passage by the majority of all the members of the House of Representatives of a resolution of no confidence in the Government of Grenada or is removed from office under subsection (6) of this section; or
- on the appointment of any person to the office of Prime Minister.
- In the exercise of the powers conferred upon him by subsections (2), (5) and (6) of this section the Governor-General shall act in his own deliberate judgment.
59. Cabinet of Ministers
- There shall be a Cabinet of Minister for Grenada which shall consist of the Prime Minister and the other Ministers.
- At any time when the office of Attorney-General is a public office, the Attorney-General shall be an ex-officio member of the Cabinet in addition to the Minister.
- The functions of the Cabinet shall be to advise the Governor-General in the government of Grenada and the Cabinet shall be collectively responsible to Parliament for any advice given to the Governor-General by or under the general authority of the cabinet for all things done by or under the authority of any Minister in the execution of his office.
- The provisions of subsection (3) of this section shall not apply in relation to-
- the appointment and removal from office of Ministers or Parliamentary Secretaries, the assignment of responsibility to any Minister under section 60 of this Constitution, or the authorisation of another Minister to perform the functions of the Prime Minister during absence or illness;
- the dissolution of Parliament; or
- the matters referred to in section 72 of this Constitution (which relate to the prerogative of mercy).
60. Allocation of portfolios to Ministers
The Governor-General, acting in accordance with the advice of the Prime Minister, may, by directions in writing, assign to the Prime Minister or any other Minister responsibility for any business of the Government of Grenada, including the administration of any department of government.
61. Performance of functions of Prime Minister during absence or illness
- Whenever the Prime Minister is absent from Grenada or is by reason of illness unable to perform the functions conferred upon him by this Constitution the Governor-General may authorise some other Minister may perform those functions until his authority is revoked by the Governor-General.
62. Exercise of Governor-General’s functions
- 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 he is required by this Constitution or any other law to act in accordance with the advice of any person or authority other than the Cabinet or in his own deliberate judgment.
- During any period in which there is a vacancy in the office of Leader of the Opposition by reason of the fact that no person is both qualified for appointment to that office in accordance with this Constitution and willing to accept appointment, the Governor-General may act without the advice of the Leader of the Opposition and in his own deliberate judgment in the exercise of any power in respect of which it is provided in this Constitution that he shall act on the advice of the Leader of the Opposition.
- Nothing in subsection (1) of this section shall apply to the functions conferred upon the Governor-General by the following provisions of this Constitution-
- paragraph (b) of the proviso to section 52(4) (which requires the Governor-General to dissolve Parliament in certain circumstances);
- section 63 (which entitles the Governor-General to information);
- section 55(5), 66(4), 83(6), 86(7) and 90(5) (which require the Governor-General to remove the holders of certain offices from office in certain circumstances).
63. Governor-General to be informed concerning matters of government
The Prime Minister shall keep the Governor-General fully informed concerning the general conduct of the government of Grenada and shall furnish the Governor-General with such information as he may request with respect to any particular matter relating to the government of Grenada.
64. Parliamentary Secretaries
- The Governor-General, acting in accordance with the advice of the Prime Minister, may appoint Parliamentary Secretaries from among the Senators and members of the House, of Representatives to assist Ministers in the performance of their duties:Provided that, if occasion arises for making appointments while Parliament is dissolved, a person who was a Senator or a member of the House of Representatives immediately before the dissolution may be appointed as a Parliamentary Secretary.
- The office of a Parliamentary Secretary shall become vacant-
- if the Governor-General, acting in accordance with the advice of the Prime Minister, so directs;
- if the Prime Minister resigns from office within three days after the passage by the majority of all the members of the House of Representatives of a resolution of no confidence in the Government of Grenada or is removed from office under section 58(6) of this Constitution;
- upon the appointment of any person to the office of Prime Minister;
- if the holder of the office ceases to be a member of either House of Parliament otherwise than by reason of a dissolution of Parliament;
- if, when the House of Representatives first meets after any dissolution of Parliament, he is not then a member of either House of Parliament; or
- if, by virtue of section 27(3) or 33(3) of this Constitution, he is required to cease to perform his functions as a member of a House of Parliament.
65. Oaths to be taken by Ministers, etc
A Minister or a Parliamentary Secretary shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and the oath of office.
66. Leader of the Opposition
- There shall be a Leader of the Opposition who shall be appointed by the Governor-General.
- Whenever there shall be occasion for the appointment of a Leader of the Opposition, the Governor-General, acting in his own deliberate judgment, shall appoint the member of the House of Representatives who appears to him to command the support of the largest number of members of the House in opposition to the Government.
- The Leader of the Opposition shall vacate his office-
- if for any reason other than a dissolution of Parliament he ceases to be a member of the House of Representatives;
- if when the House of Representative first meets after any dissolution of Parliament he is not then a member of the House;
- if by virtue of the provisions of section 33(3) of this Constitution he is required to cease to perform his functions as a member of the House of Representatives; or
- if he is removed from office under the provisions of subsection (4) of this section.
- If it appears to the Governor-General, acting in his own deliberate judgment, that the Leader of the Opposition no longer commands the support of the largest number of members of the House in opposition to the Government, the Governor-General shall remove the Leader of the Opposition from office.
67. Permanent secretaries
Where any Minister has been charged with responsibility for any department of government, he shall exercise general direction and control over that department; and, subject to such direction and control, every department of government shall be under the supervision of a public officer whose office is referred to in this Constitution as the office of a permanent secretary:
Provided that two or more government departments may be placed under the supervision of one permanent secretary.
68. Secretary to the Cabinet
- There shall be a Secretary to the Cabinet whose office shall be a public office.
- 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 to 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.
69. Constitution of offices, etc
Subject to the provisions of this Constitution and of any other law, the Governor-General may constitute offices for Grenada, make appointments to any such office and terminate any such appointment.
70. Attorney-General
- There shall be an Attorney-General who shall be the principal legal adviser to the Government of Grenada.
- The office of Attorney-General shall be either a public office or the office of a Minister.
- At any time when the office of Attorney-General is a public office the same person may, if qualified, be appointed in accordance with the provisions of Chapter VI of this Constitution to hold or act in the office of Attorney-General and the office of Director of Public Prosecutions.
- Where the offices of Attorney-General and Director of Public Prosecutions are held by the same person, the following provisions of this Constitution shall have effect, in relation to that person, as if references therein to the Director of Public Prosecutions included references to the Attorney-General, that is to say, section 80, 86(6), 86(7), 86(8), 86(9), 93 and 111(8) but the provisions of this subsection shall be without prejudice to the powers of Parliament or, subject to the provisions of any law, the Governor-General to determine that the office of Attorney-General shall cease to be a public office and become the office of a Minister.
71. Director of Public Prosecutions
- There shall be a Director of Public Prosecutions whose office shall be a public office.
- The Director of Public Prosecutions shall have power in any case in which he considers it desirable so to do-
- to institute and undertake criminal proceedings against any person before any court (other than a court-martial) in respect of any offence alleged to have been committee by that person;
- to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and
- to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.
- The powers of the Director of Public Prosecutions under subsection (2) 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.
- The powers conferred on the Director of Public Prosecutions by paragraphs (b) and (c) of subsection (2) 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.
- For the purpose of this section, any appeal from a judgment in criminal proceedings before any court or any case stated or question of law reserved for the purpose of any such proceedings, to any other court (including Her Majesty in Council) shall be deemed to be part of those proceedings:Provided that the power conferred on the Director of Public prosecutions by subsection (2) (c) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person.
- In the exercise of the functions vested in him by subsection (2) of this section and by section 44 of this Constitution, the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority.
72. Prerogative of mercy
- The Governor-General may, in Her Majesty’s name and on Her Majesty’s behalf-
- grant a pardon, either free of subject to lawful conditions, to any person convicted of any offence;
- grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;
- substitute a less severe form of punishment of any punishment imposed on any person for any offence; or
- remit the whole or any part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Crown on account of any offence.
- The powers of the Governor-General under subsection (1) of this section shall be exercised by him in accordance with the advice of such Minister as may for the time being be designated by the Governor-General, acting in accordance with the advice of the Prime Minister.
73. Advisory committee on Prerogative of Mercy
- There shall be an Advisory Committee on the Prerogative of Mercy which shall consist of-
- the Minister for the time being designated under section 72(2) of this Constitution who shall be Chairman;
- the Attorney-General;
- the chief medical officer of the Government of Grenada; and
- three other members appointed by the Governor-General, by instrument in writing under his hand.
- A member of the Committee appointed under subsection (1) (d) of this section shall hold his seat thereon for such period as may be specified in the instrument by which he was appointed:Provided that his seat shall become vacant-
- in the case of a person who, at the date of his appointment was a Minister, if he ceases to be a Minister; or
- if the Governor-General, by instrument in writing under his hand, so directs.
- The Committee may 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.
- The Committee may regulate its own procedure.
- In the exercise of his functions under this section, the Governor-General shall act in accordance with the advice of the Prime Minister.
74. Functions of Advisory Committee
- Where any person has been sentenced to death (otherwise than by a court-martial) for an offence, the Minister for the time being designated under section 72(2) of this Constitution shall cause a written report of the case from the trial judge (or, if a report cannot be obtained from that judge, a report on the case from the Chief Justice), together with such other information derived from the record of the case or elsewhere as he may require, to be taken into consideration at a meeting of the Advisory Committee on the prerogative of mercy; and after obtaining the advice of the Committee he shall decide in his own deliberate judgment whether to advise the Governor-General to exercise any of his powers under section 72(1) of this Constitution.
- The Minister for the time being designated under section 72(2) of this Constitution may consult with the Advisory Committee on the Prerogative of Mercy before tendering advice to the Governor-General under section 72(1) of this Constitution in any case not falling within subsection (1) of this section but he shall not be obliged to act in accordance with the recommendation of the Committee.
