Constitution

Marshall Islands 1979 Constitution (reviewed 1995)

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ARTICLE IV. THE LEGISLATURE

Section 1. Legislative Power Vested in the Nitijela

  1. The legislative power of the Republic of the Marshall Islands shall be vested in the Nitijela and shall be exercised by Act.
  2. The power conferred by this Section shall include the power
    1. to repeal, revoke or amend any law in force in the Republic; and
    2. to confer, by Act, the authority to promulgate rules, regulations, orders or other subordinate instruments pursuant to that Act and in furtherance of its stated purposes; and
    3. to make all other laws which it considers necessary and proper for carrying into execution any of its other powers, or any power vested by this Constitution in any other government agency or any public officer.

Section 2. Membership of the Nitijela

  1. The Nitijela shall consist of 33 members to be elected from the following electoral districts in the number indicated beside the name of each electoral district:

    Narikrik, Erikub, Jemo, Taka, Bikar, Bokak, Rongrik and Ailinginae shall each be included in the electoral district with which it is most closely associated, pursuant to the customary law or any traditional practice.

  2. At any election in any electoral district, every qualified voter shall have the right to vote for as many candidates as there are seats to be filled; and the requisite number of candidates who receive the greatest number of votes, whether or not the number of votes received by any candidate constitutes a majority, shall be the member or members elected to represent that electoral district, and shall be so declared pursuant to law.
  3. Subject to paragraph (4) and (5) of this Section, the Nitijela may, by Act, amend paragraph (1) of this Section so as to vary the total number of members of the Nitijela, or the number of electoral districts, or their geographic boundaries, or the number of members to be elected from any electoral district.
  4. Any such amendment of paragraph (1) of this Section shall, so far as practicable, be made in accordance with the principle that every member of the Nitijela should represent approximately the same number of voters; but account shall also be taken of geographical features, community interests, the boundaries of existing administrative and recognized traditional areas, means of communication and density and mobility of population.
  5. The Nitijela shall not proceed further than the first reading of any Bill or amendment to a Bill which, in the opinion of the Speaker, makes provision for amending paragraph (1) of this Section, unless it has before it a report, made by a committee of the Nitijela, or by some other body authorized for the purpose by Act, reviewing the composition of the Nitijela and stating whether or not it would be desirable in the circumstances, having regard to the provisions of paragraph (4) of this Section, to amend paragraph (1); and that report has been published.
  6. It shall be the duty of the Nitijela to call, at least once in 10 years, for a report pursuant to paragraph (5) of this Section and to publish that report.

Section 3. Elections of Members of the Nitijela

  1. Elections of members of the Nitijela shall be conducted by secret ballot under a system of universal suffrage for all citizens of the Republic of the Marshall Islands who have attained the age of 18 years, and who are otherwise qualified to vote pursuant to this Section.
  2. No person shall be qualified to be a voter if
    1. he is certified to be insane; or
    2. in respect of his conviction for a felony, he is serving a sentence of imprisonment or is released on parole or probation.
  3. Every person otherwise qualified to be a voter shall have the right to vote in one and one only electoral district, being an electoral district in which he either resides or has land rights; but a person who has a choice of electoral districts pursuant to this paragraph shall exercise that choice in any manner prescribed by law.

Section 4. Qualifications of Candidates

  1. Every qualified voter who has attained the age of 21 years is qualified to be a candidate for election as a member of the Nitijela.
  2. Any person who is qualified to be a candidate under paragraph (1) of this Section shall have the right to be a candidate in any electoral district in which he is entitled to vote, or unless otherwise provided by Act, in any other electoral district;Provided that no person may, at any election, be a candidate in more than one electoral district.

Section 5. Public Servants who Become Candidates or are Elected

  1. Employees of the Public Service who become candidates for election as members of the Nitijela shall be granted leave of absence for the purposes of their candidature in accordance with any conditions prescribed by law.
  2. If any such employee is declared elected as a member of the Nitijela, he shall be deemed to have resigned from his employment in the Public Service.

Section 6. Vacation of Seats by Members of the Nitijela

  1. The seat of any member of the Nitijela shall become vacant if, and only if,
    1. he ceases to possess any qualification to be a candidate which he was required to have at the time of his candidature; or
    2. he dies; or
    3. he resigns his seat, by writing signed by him, delivered, in the case of a member other than the Speaker to the Speaker, and, in the case of the Speaker, to the Clerk of the Nitijela; or
    4. he is absent without the leave of the Nitijela from the meetings of the Nitijela held on 20 consecutive sitting days; or
    5. he accepts appointment (except as a member of the Cabinet) to any other office entitling him to compensation from public money; or
    6. the Nitijela is dissolved.
  2. If the seat of any member of the Nitijela becomes vacant for any reason other than the dissolution of the Nitijela, the vacancy shall be filled at an election in the electoral district which he represented, held at the time prescribed by law, and conducted in accordance with Sections 3, 4 and 5 [of] this Article.
  3. Whenever the seats of the members of the Nitijela become vacant as a result of the dissolution of the Nitijela, the vacancies shall be filled at a general election held pursuant either to Section 12 or to Section 13 of this Article, as the case may require, and conducted in accordance with Sections 3, 4 and 5 of this Article.

Section 7. The Speaker and the Vice-Speaker

  1. The Speaker and the Vice-Speaker shall be the members of the Nitijela elected to those offices by the Nitijela.
  2. The Nitijela shall, by secret ballot, proceed to elect the Speaker and the Vice-Speaker before the dispatch of any other business, at the first meeting of the Nitijela after each general election; and shall so proceed to elect a member of the Nitijela to fill any vacancy in the office of Speaker or Vice-Speaker, before the dispatch of any other business, at the first meeting of the Nitijela after the occurrence of the vacancy.
  3. The Speaker or the Vice-Speaker may resign his office by writing signed by him, delivered to the Clerk of the Nitijela, and each shall vacate his office
    1. on the entry into office of a new Speaker or Vice-Speaker elected when the Nitijela first meets after a general election; or
    2. if he ceases to be a member of the Nitijela for any reason other than the dissolution thereof; or
    3. if he takes office as the President or a Minister; or
    4. if he is removed from office by a resolution of the Nitijela carried by not less than two-thirds of the total membership of the Nitijela.

Section 8. Functions of the Speaker

  1. The Speaker shall preside over any meeting of the Nitijela at which he is present and shall have the other functions conferred on him by this Constitution or by or pursuant to Act or to the Rules of the Nitijela.
  2. The Speaker shall be responsible for ensuring that the official business of the Nitijela is conducted in compliance with this Constitution and the Rules of the Nitijela, and shall exercise his functions impartially.
  3. If the Speaker is not present at any meeting of the Nitijela, or through absence, illness or any other cause, he is unable to perform any other function of his office or the office of Speaker is vacant, the Vice-Speaker shall preside over that meeting or perform that function until the Speaker is again present at that meeting or able to perform that function.
  4. If at any time when the Nitijela is in session, there is neither a Speaker nor a Vice-Speaker who is able to preside over a meeting of the Nitijela or to perform any other function of the Speaker, the Clerk of the Nitijela shall preside for the purpose of enabling the members of the Nitijela to select one of their number, not being the President or a Minister, to preside over any meeting and perform any other function of the Speaker until the Speaker or the Vice-Speaker is present at that meeting or able to perform that other function.
  5. If at any time when the Nitijela is not in session there is neither a Speaker nor a Vice-Speaker who is able to perform the functions of the Speaker, then, until the Speaker or the Vice-Speaker is again able to perform those functions, they shall be performed by a member of the Nitijela, not being the President or a Minister, appointed for the purpose by the Clerk of the Nitijela, by writing and signed by him.
  6. Every document, including any certificate, signed by the Speaker in the performance of his functions shall be countersigned by the Clerk of the Nitijela, and where, pursuant to this Section, any such document or certificate is signed by the Vice-Speaker or by a member of the Nitijela performing the functions of the Speaker, it shall be so stated on the document or in that certificate.

Section 9. Determination on Questions of Membership of the Nitijela

Any questions that arise concerning the right of any person to vote at an election of a member or members of the Nitijela, or to be or to remain a member of the Nitijela, or to exercise the rights of a member, or concerning the conduct of any person in relation to any election of a member or members of the Nitijela, shall be referred to and determined by the High Court.

Section 10. Sessions of the Nitijela

  1. The Nitijela shall meet in regular session on the first Monday in January in each year and shall, subject to Section 11 of this Article, remain in session for 50 sitting days;Provided that the President may, by writing signed by him, appoint a later date for the termination of any regular session.
  2. If there has been a general election or if, at any time when the Nitijela is not in session, an election of the President is for any other reason required, and more than 60 days will elapse before the date of the next regular session of the Nitijela, the President shall, within 14 days after the date of the general election or the date of the occurrence of any other event requiring an election of the President, call the Nitijela to meet in special session on a date not more than 30 days after the date of the call; and, in any case where the President has not called the Nitijela to meet in special session in accordance with this paragraph, the Speaker shall call the Nitijela to meet in special session as soon as practicable.
  3. If more than 120 days have elapsed after the date on which the preceding session of the Nitijela terminated, any 10 members of the Nitijela, not being members of the Cabinet, representing not less than 4 electoral districts, may, by written petition signed by each of them, request the President to call the Nitijela to meet in special session in order to consider the matter or matters of urgent public business set forth in the petition. Unless the President has, within 7 days of the receipt of the petition, called the Nitijela to meet in special session on a date not more than 30 days after the date of the call, the Speaker shall call the Nitijela to meet in special session as soon as practicable. Any special session called pursuant to this paragraph may consider any matter; but no such special session shall be terminated before the expiration of 30 sitting days unless the Speaker has certified that the Nitijela has sooner disposed of the matter or matters of urgent public business which it was called to consider.
  4. At any time when the Nitijela is not already meeting in regular session or in special session, the President may, by writing signed by him, call it to meet in special session.
  5. Subject to paragraph (3) of this Section and to Section 11 of this Article, the President shall, by writing signed by him, appoint the date for the termination of any special session of the Nitijela.

Section 11. Special Provisions as to Termination of Sessions and Recesses of the Nitijela

  1. Subject to Section 12 and 13 of this Article,
    1. whenever, during any session of the Nitijela, an election of a President is required, that session of the Nitijela shall not terminate and no recess shall be held until there has been an appointment of the members of the Cabinet, after the election of a President, unless, in relation to an election following the tender of the President’s resignation from office pursuant to paragraph (3) of Section 7 of Article V, that tender has sooner lapsed; or
    2. whenever, during any session of the Nitijela, notice is given of a motion of no confidence in the Cabinet, that session of the Nitijela shall not terminate and no recess shall be held before the expiration of 10 days after the date of the giving of the notice, unless that motion has sooner been voted upon.
  2. Subject to paragraph (1) of this Section, the Rules of the Nitijela may provide for the holding of a recess during any session of the Nitijela.

Section 12. Dissolution of the Nitijela and General Election

  1. Pursuant to paragraphs (2) and (3) of this Section, the Nitijela shall be dissolved and there shall be a general election of all members of the Nitijela in every fourth calendar year, unless the Nitijela is sooner dissolved and a general election is sooner held pursuant to Section 13 of this Article.
  2. The Nitijela shall automatically be dissolved on the thirtieth day of September in the fourth year after the year in which the last preceding general election was held:Provided that, if in any calendar year there was, pursuant to Section 13 of this Article, a general election on or before the thirtieth day of April, the Nitijela shall automatically be dissolved on the thirtieth day of September in the third year after the year in which that general election was held.
  3. In the year when the Nitijela is dissolved on the thirtieth day of September, there shall be a general election on the third Monday in November.

Section 13. Special Provision for Early Dissolution of the Nitijela and a General Election

  1. The President may, by writing signed by him, dissolve the Nitijela if
    1. a motion of no confidence in the Cabinet has twice been carried out and has twice lapsed, and no other President has held office in the interval between the two votes of no confidence; or
    2. no Cabinet has been appointed within 30 days after the date on which the Nitijela proceeded to elect a President for any reason other than the tender of the President’s resignation from office following a vote of no confidence.
  2. The power of the President to dissolve the Nitijela shall lapse, if it has not been exercised before the expiration of 30 days after the date on which it first arose.
  3. In every case where the Nitijela has been dissolved pursuant to this Section, there shall be a general election on the seventh Monday after the date of the dissolution.

Section 14. Clerk of the Nitijela

  1. There shall be a Clerk of the Nitijela who shall be an officer of the Public Service and shall have the functions conferred on him by this Constitution or by or pursuant to Act or to the Rules or a resolution of the Nitijela.
  2. The Clerk of the Nitijela shall be responsible for
    1. preparing the business and keeping a record of the proceedings of the Nitijela and publishing that record from time to time; and
    2. arranging for the signing of documents and giving of certificates by the Speaker, whenever any signature or certification of the Speaker is required pursuant to this Constitution or to any law, and keeping a record of all documents and certificates so signed and given; and
    3. arranging for the performance, with respect to the Speaker and to the other members of the Nitijela, of such secretarial and other functions as may be required.

Section 15. Procedure of the Nitijela

  1. Subject to this Section and to any Act, the Nitijela may from time to time make Rules for the regulation and orderly conduct of its proceedings and the dispatch of its official business.
  2. The Rules of the Nitijela shall ensure that, in the conduct of its official business, there is an opportunity for all points of view represented in the Nitijela to be fully heard.
  3. Except where this Constitution otherwise provides, every question before the Nitijela shall be decided by a majority of the votes of the members present and voting at a meeting of the Nitijela.
  4. Unless, pursuant to an Act or to the Rules of the Nitijela, a member is required to abstain from voting on any matter in which he has a personal interest, every member present when any question is put to the Nitijela shall vote thereon.
  5. When any question is put to the Nitijela, any member may call for a roll-call vote thereon, unless this Constitution requires that vote to be by secret ballot.
  6. No member of the Nitijela may vote more than once on any question, or vote by proxy or be represented at any meeting of the Nitijela by any other person.
  7. No motion or other proposal shall be adopted and no candidate shall be elected on an evenly divided vote, but further votes may be taken in respect of the motion or other proposal or election in the manner prescribed in the Rules of the Nitijela.
  8. No business shall be transacted at any meeting of the Nitijela if the number of members then present is less than half of the total membership of the Nitijela.
  9. The powers of the Nitijela shall not be affected by any vacancy in its membership.
  10. No Bill shall be passed unless it has been read 3 times in the Nitijela.
  11. Any Bill or other business before the Nitijela at its dissolution shall lapse.
  12. The Nitijela may, by resolution, declare that any person who has acted contrary to the provisions of this Constitution or of any Act relating to the conduct of the official business of the Nitijela, or to the Rules of the Nitijela, is in contempt of the Nitijela; but no member of the Nitijela shall be punished therefor, except by suspension for no longer than 10 sitting days pursuant to such Act or Rules, and no person other than a member shall be punished therefor, except pursuant to an Act defining offenses relating to contempt of the Nitijela and making provision for their trial and punishment by the High Court.

Section 16. Privileges of the Nitijela and its Members

  1. The validity of any proceeding in the Nitijela or in any committee thereof, or in any joint conference or joint committee, and the validity of any certificate duly given by the Speaker under Section 10 or Section 21 of this Article, or Section 3 or Section 4 of Article XII, or Section 6 of Article XIII, shall not be questioned in any court; but this shall not be taken to preclude judicial review of the validity of any Act or resolution of the Nitijela under this Constitution.
  2. Members of the Nitijela shall, except in cases of felony, be privileged from arrest during any session of the Nitijela, and in going to or returning from the same.
  3. Neither the Speaker nor any officer of the Nitijela in whom powers are vested for the regulation of procedure or the conduct of business or the maintenance of order shall, in relation to the exercise of any of those powers, be subject to the jurisdiction of any court; but this shall not be taken to preclude the exercise of judicial power under Section 7 of Article II or judicial review, in an action against the Clerk of the Nitijela as nominal defendant, pursuant to Section 9 of this Article.
  4. Neither the Nitijela nor any member of the Nitijela shall be subject to any proceeding outside that body, or subjected to any liability, civil or criminal, in relation to the casting of any vote, the making of any statement, the publication of any document or the taking of any other action as part of the official business of the Nitijela.

Section 17. Compensation of the Members of the Nitijela

The compensation of the President, the Ministers, the Speaker, the Vice-Speaker and the other members of the Nitijela shall be specifically prescribed by Act.

Section 18. Introduction of Bills in the Nitijela

Any member of the Nitijela may introduce any Bill, or propose any motion for debate in, or present any petition to, the Nitijela; and any such Bill, motion or petition shall be considered and disposed of in accordance with this Constitution and the Rules of the Nitijela.

Section 19. Special Provisions with Regard to Bills Prescribing Compensation

  1. This Section shall apply to any Bill or amendment to a Bill which, in the opinion of the Speaker, prescribes the compensation of any person or class of persons whose compensation is required to be specifically prescribed by Act.
  2. The Nitijela shall not proceed further than the first reading of any Bill or amendment to which this Section applies, unless it has before it a report made by a committee of the Nitijela, or by some other body authorized for the purpose by Act, as to the level of the salary and the scale of the allowances (if any) which ought to be paid to any person or class of persons affected by that Bill or amendment; and that report has been published.
  3. The committee of the Nitijela or other body making that report shall take into account, in relation to any person or class of persons affected by any Bill or amendment to which this Section applies,
    1. the general level of income in the community; and
    2. the cost of living; and
    3. the nature of the office and of the services to be performed; and
    4. the qualifications of the person or class of persons affected; and
    5. the amount of time which the person or class of persons affected are expected to devote to their duties; and
    6. whether the person or class of persons affected are free to engage in any other occupation for gain or reward; and
    7. any other conditions of the appointment of the person or class of persons affected.
  4. An Act prescribing the compensation payable to any person or class of persons whose compensation is required to be specifically prescribed by Act shall not, of itself, be regarded as authority for the expenditure of public money; and any expenditure for the purpose of paying that compensation shall be authorized only pursuant to Article VIII.

Section 20. Special Provisions with Regard to Bills Prescribing the Qualifications of Judges

The Nitijela shall not proceed further than the first reading of any Bill or amendment to a Bill which, in the opinion of the Speaker, prescribes any qualification required for appointment as a judge, unless it has before it a report by the Judicial Service Commission as to whether such a qualification would be appropriate, and that report has been published.

Section 21. When Bills Become Law

  1. Subject to the requirements of paragraph (5) of Section 4 of Article XII, in those cases to which that paragraph applies, a Bill shall become law if, and only if
    1. it has been passed by the Nitijela; and
    2. the Speaker, being satisfied that it has been passed in accordance with this Constitution and with the Rules of the Nitijela, has endorsed on a copy of the Bill a certificate of compliance with the requirements of this Section and has, in the presence of the Clerk of the Nitijela, signed that certificate and inscribed thereon the date of signature; and
    3. the Clerk of the Nitijela has, in the presence of the Speaker, countersigned the certificate on that copy of the Bill.
  2. A Bill may be signed and countersigned pursuant to this Section whether or not the Nitijela is then in session.
  3. A Bill which becomes law in accordance with the requirements of this Section shall be an Act of the Nitijela.
  4. Subject to its provisions, an Act shall come into force on the date of certification.

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