Trinidad and Tobago 1976 Constitution (reviewed 2007)

CHAPTER 5. EXECUTIVE POWERS

74. Executive authority of Trinidad and Tobago

1. The executive authority of Trinidad and Tobago shall be vested in the President and, subject to this Constitution, may be exercised by him either directly or through officers subordinate to him.
2. Without prejudice to the generality of subsection (1), the supreme command of the armed forces of Trinidad and Tobago shall be vested in the President and the exercise of this power shall be regulated by law.
3. Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the President.

75. The Cabinet

1. There shall be a Cabinet for Trinidad and Tobago which shall have the general direction and control of the government of Trinidad and Tobago and shall be collectively responsible therefor to Parliament.
2. The Cabinet shall consist of the Prime Minister and such number of other Ministers (of whom one shall be the Attorney General), appointed in accordance with the provisions of section 76, as the Prime Minister may consider appropriate.

76. Appointment of Ministers

1. Where there is occasion for the appointment of a Prime Minister, the President shall appoint as Prime Minister—
   1. a member of the House of Representatives who is the Leader in that House of the party which commands the support of the majority of members of that House; or
   2. where it appears to him that that party does not have an undisputed leader in that House or that no party commands the support of such a majority, the member of the House of Representatives who, in his judgment, is most likely to command the support of the majority of members of that House;

   and who is willing to accept the office of Prime Minister.

2. The Attorney General shall, subject to section 79, be responsible for the administration of legal affairs in Trinidad and Tobago and legal proceedings for and against the State shall be taken—
   1. in the case of civil proceedings, in the name of the Attorney General;
   2. in the case of criminal proceedings, in the name of the State.
3. The Ministers other than the Prime Minister shall be such persons as the President, acting in accordance with the advice of the Prime Minister, shall appoint from among the members of the House of Representatives and the Senators.
4. Where occasion arises for making an appointment to the office of Prime Minister while Parliament is dissolved, a person who, at the time of the appointment, is a Minister, may be appointed as Prime Minister.
5. Where occasion arises for making an appointment to the office of Minister while Parliament is dissolved, a person who immediately before the dissolution, was a Senator or a member of the House of Representatives may be appointed Minister.

77. Tenure of office of Ministers

1. Where the House of Representatives passes a resolution, supported by the votes of a majority of all the members of the House, declaring that it has no confidence in the Prime Minister and the Prime Minister does not within seven days of the passing of such a resolution either resign or advise the President to dissolve Parliament, the President shall revoke the appointment of the Prime Minister.
2. The Prime Minister shall also vacate his office—
   1. when after any dissolution of Parliament he is informed by the President that the President is about to re-appoint him as Prime Minister or to appoint another person as Prime Minister; or
   2. where for any reason other than a dissolution of Parliament he ceases to be a member of the House of Representatives.
3. A Minister other than the Prime Minister shall vacate his office—
   1. when any person is appointed or reappointed as Prime Minister;
   2. where for any reason other than a dissolution of Parliament he ceases to be a member of the House from among the members of which he was appointed;
   3. where his appointment is revoked by the President acting in accordance with the advice of the Prime Minister.
4. Where at any time the Prime Minister is required under the provisions of section 49 (3) to cease to perform his functions as a member of the House of Representatives, he shall cease during such time to perform any of his functions as Prime Minister.
5. Where at any time a Minister other than the Prime Minister is required under section 43(3) or section 49(3) to cease to perform his functions as a member of the House to which he belongs, he shall cease during such time to perform any of his functions as Minister.

78. Performance of functions of Prime Minister during absence, illness or suspension

1. Where the Prime Minister is absent from Trinidad and Tobago or is unable by reason of illness or of the provisions of section 77(4) to perform the functions conferred on him by this Constitution, the President may authorise some other member of the Cabinet to perform those functions (other than the functions conferred by subsection (2)) and that member may perform those functions until his authority is revoked by the President.
2. The powers of the President under this section shall be exercised by him in accordance with the advice of the Prime Minister, save that where the President considers that it is impracticable to obtain the advice of the Prime Minister owing to his absence or illness, or where the Prime Minister is unable to tender advice by reason of the provisions of section 77(4) the President may exercise those powers without the advice of the Prime Minister.

79. Allocation of portfolios to Ministers

1. The President, 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 Trinidad and Tobago, including the administration of any department of government.
2. Where a Minister is incapable of performing his functions by reason of his absence from Trinidad and Tobago or by reason of illness the President, acting in accordance with the advice of the Prime Minister, may appoint a member of the House of Representatives or a Senator to act in the office of such Minister during such absence or illness.

80. Exercise of President’s functions

1. In the exercise of his functions under this Constitution or any other law, the President 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 other provision is made by this Constitution or such other law, and, without prejudice to the generality of this exception, in cases where by this Constitution or such other law he is required to act—
   1. in his discretion;
   2. after consultation with any person or authority other than the Cabinet; or
   3. in accordance with the advice of any person or authority other than the Cabinet.
2. Where by this Constitution the President is required to act in accordance with the advice of, or after consultation with, any person or authority, the question whether he has in any case so acted shall not be enquired into in any court.
3. Without prejudice to any other case in which the President is authorised or required to act in his discretion, the President shall act in accordance with his own deliberate judgment in the performance of the following functions—
   1. in the exercise of the power to appoint the Prime Minister conferred upon him by section 76(1) or (4);
   2. in the exercise of the powers conferred upon him by section 78 (which relates to the performance of the functions of the Prime Minister during absence, illness or suspension) in the circumstances described in the proviso to subsection (2) of that section;
   3. in the exercise of the power to appoint the Leader of the Opposition and to revoke any such appointment conferred upon him by section 83.

81. President to be informed concerning matters of government

The Prime Minister shall keep the President fully informed concerning the general conduct of the government of Trinidad and Tobago and shall furnish the President with such information as he may request with respect to any particular matter relating to the government of Trinidad and Tobago.

82. Parliamentary Secretaries

1. The President, 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.
2. Where occasion arises for making an appointment 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.
3. The office of a Parliamentary Secretary shall become vacant—
   1. where for any reason other than a dissolution of Parliament he ceases to be a member of the House from among the members of which he was appointed;
   2. upon the appointment or re-appointment of any person as Prime Minister; or
   3. where the President, acting in accordance with the advice of the Prime Minister, so directs.

83. Leader of the Opposition

1. There shall be an office of Leader of the Opposition and appointments thereto shall be made by the President.
2. The President shall, if the person concerned is willing to be appointed, appoint as Leader of the Opposition the member of the House of Representatives who, in his judgment is best able to command the support of the greatest number of members of the House of Representatives who do not support the Government.
3. The office of Leader of the Opposition shall become vacant where—
   1. he resigns his office;
   2. the holder thereof ceases to be a member of the House of Representatives for any cause other than a dissolution of Parliament;
   3. he is not a member of the House of Representatives when the House of Representatives first meets after a dissolution of Parliament;
   4. by virtue of section 49(3) he is required to cease to exercise his functions as a member of the House of Representatives;
   5. he is appointed to the office of Prime Minister; or
   6. his appointment is revoked under the provisions of subsection (4).
4. Where in the judgment of the President, the Leader of the Opposition is no longer the member of the House of Representatives best able to command the support of a majority of those members of the House of Representatives who do not support the Government, the President shall revoke the appointment of the Leader of the Opposition.
5. Nothing in subsection (4) shall apply while Parliament is dissolved.
6. Where the office of Leader of the Opposition is vacant, whether because there is no member of the House of Representatives so qualified for appointment or because no one qualified for appointment is willing to be appointed, or because the Leader of the Opposition has resigned his office or for any other reason, any provision in this Constitution requiring consultation with the Leader of the Opposition shall, in so far as it requires such consultation, be of no effect.

84. 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 oath for the due execution of his office.

85. Permanent Secretaries

1. Where any Minister has been assigned responsibility for any department of government, he shall exercise general direction and control over that department; and, subject to such direction and control the department shall be under the supervision of a Permanent Secretary whose office shall be a public office.
2. For the purposes of this section:—
   1. two or more government departments may be placed under the supervision of one Permanent Secretary; or
   2. two or more Permanent Secretaries may supervise any department of government assigned to a Minister.

86. Constitution of offices, etc

Subject to the provisions of this Constitution and of any enactment, the President may constitute offices for Trinidad and Tobago, make appointments to any such office and terminate any such appointment.

87. Power of pardon, etc

1. The President may grant to any person a pardon, either free or subject to lawful conditions, respecting any offences that he may have committed. The power of the President under this subsection may be exercised by him either before or after the person is charged with any offence and before he is convicted thereof.
2. The President may—
   1. grant to any person convicted of any offence against the law of Trinidad and Tobago a pardon, either free or subject to lawful conditions;
   2. grant to any person a respite, either indefinite or for a specified period, from the execution of any punishment imposed on that person for such an offence;
   3. substitute a less severe form of punishment for that imposed by any sentence for such an offence; or
   4. remit the whole or any part of any sentence passed for such an offence or any penalty or forfeiture otherwise due to the State on account of such an offence.
3. The power of the President under subsection (2) may be exercised by him in accordance with the advice of a Minister designated by him, acting in accordance with the advice of the Prime Minister.

88. Advisory Committee on power of pardon

There shall be an Advisory Committee on the Power of Pardon which shall consist of—

1. the Minister referred to in section 87(3) who shall be Chairman;
2. the Attorney General;
3. the Director of Public Prosecutions;
4. not more than four other members appointed by the President, after consultation with the Prime Minister and the Leader of the Opposition.

89. Functions of Advisory Committee

1. Where an offender has been sentenced to death by any court for an offence against the law of Trinidad and Tobago, the Minister shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as the Minister may require, to be taken into consideration at a meeting of the Advisory Committee.
2. The Minister may consult with the Advisory Committee before tendering any advice to the President under section 87(3) in any case not falling within subsection (1).
3. The Minister shall not be obliged in any case to act in accordance with the advice of the Advisory Committee.
4. The Advisory Committee may regulate its own procedure.
5. In this section “the Minister” means the Minister referred to in section 87(3).