Suriname 1987 Constitution (reviewed 1992)

CHAPTER XIII. THE COUNCIL OF STATE, THE GOVERNMENT, THE COUNCIL OF MINISTERS AND THE MEMBERS OF THE COUNCIL OF MINISTERS

First Section. THE COUNCIL OF STATE

Article 113

There is a Council of State, whose composition and powers shall be regulated by law. The President is Chairman of the Council of State.

Article 114

On assuming office the members of the Council of State shall take the following oath or make the following promise before the President:

“I swear (promise) that in order to be appointed member of the Council of State, I have not given or promised, nor will I give or promise, anything, directly or indirectly, to anyone whomsoever, under whatsoever name or pretext.

I swear (promise) that in order to do or to refrain from doing anything whatsoever in this office, I will not accept, directly or indirectly, any promises or presents from anyone whomsoever.

I swear (promise) that I will perform my duties and that I will not make public the things of which I have taken cognizance, through my appointment as member of the Council of State, and which are entrusted to me as secret, or of which I should understand the confidential character, except to those persons to whom I am obliged by law ex officio to communicate them.

I swear (promise) obedience to the Constitution and all other rules of law.

I swear (promise) allegiance to the Republic of Suriname. So help me, God Almighty (That I declare and promise).”

Article 115. POWERS OF THE COUNCIL OF STATE

1. The Council of State has without prejudice to what is regulated by law the following powers:
   1. To advise the President in execution of his office of Head of State and Head of Government;
   2. To advise the Government on general policy matters and on the content of bills, as well as agreements under international law for which the consent of the National Assembly is required;
   3. To advise the Government on proposed state decrees;
   4. To pass its own standing orders, which shall be determined by state decree;
   5. To advise the Government on proposals of general administrative measures;
2. Repealed.

Second Section. THE GOVERNMENT

Article 116

1. The President with the Vice-President and the Council of Ministers form the Government. The Vice-President is charged with the day-to-day management of the Council of Ministers and is as such responsible to the President.
2. The Government is responsible to the National Assembly.

Article 117

The Government draft state decrees. Provisions which are enforceable by penalties shall not be made by such state decree unless it is pursuant to the law. The law regulates the applicable punishment.

Article 118

The manner of promulgation of laws and state decrees and the moment at which they became effective shall be regulated by law.

Third Section. THE COUNCIL OF MINISTERS

Article 119

1. The Council of Ministers is the highest executive and administrative organ of the Government.
2. The Ministers together form the Council of Ministers, which is presided by the Vice-President.
3. The Council of Ministers has at least one deputy chairman.

Article 120

The meetings of the Council of Ministers may be attended by specialized and/or technical experts at the invitation of the chairman.

Article 121

The Council of Ministers is under the obligation to assist in the procurement of information to the Council of State for the execution of its advisory and supervisory task.

Article 122. TASKS OF THE COUNCIL OF MINISTERS

Subject to that which is laid down in the Rules of Order of the Council, that Council of Ministers has as tasks:

1. To execute the policy determined by the Government
2. To prepare legislative acts and administrative regulation;
3. To supervise the correct execution of decrees when their execution is entrusted to it;
4. To prepare and to execute an efficient policy;
5. To give direction to administrative organs and to supervise administrative functions of local organs by means of the suitable ministerial debarments.

Article 123. TASKS OF THE MEMBERS OF THE COUNCIL OF MINISTER

1. The members of the council of Ministers shall be charged with leading their respective ministerial departments and with the tasks appointed to them by the Rules of Order of the Council of Ministers and by other Regulations.
2. The Ministers are answerable to the President.

Fourth Section. UNDER-MINISTRIES

Article 124

The President may appoint to a ministerial department one or more Under-Ministers who, in cases the Minister deems necessary, may act as Minister in his stead, observant of his directions. The Under-Minister is on that account responsible to the President, without prejudice to the responsibility of the Minister.

Article 125

On assuming office, the Ministers and Under-Ministers shall take the following oath or make the following promise before the President:

“I swear (promise) that in order to be appointed Minister (Under-Minister) I have not given or promised, nor will I give or promise, anything, directly or indirectly, to anyone whomsoever, under whatsoever name or pretext.

I swear (promise) that in order to do or to refrain from doing anything whatsoever in this office, I will not accept, directly or indirectly, any promises or presents from anyone whomsoever.

I swear (promise) that I will faithfully perform all the duties which the office of a minister lays upon me.

I swear (promise) that I will promote the well-being of Suriname to the best of my abilities.

I swear (promise) obedience to the Constitution and all other legal rules.

I swear (promise) allegiance to the Republic of Suriname. So help me, God Almighty (That I declare and promise).”

Article 126

The law regulates the financial provisions for the benefit of the Ministers, the Under-Ministers, and former Ministers and former Under-Ministers and of their surviving relatives.

Article 127

The standing orders for the Council of Ministers shall be determined by state decree.