Constitution of The BahamasIn briefThe Commission must review constituencies at least every five years and report; changes take effect through an Order of the Governor-General approved by the House of Assembly.
The Commission shall in accordance with the provisions of this Article, at intervals of not more than five years, review the number and boundaries of the constituencies into which The Bahamas is divided and shall submit to the Governor- General a single report either-
The Commission must, following this Article, review the number and boundaries of the constituencies into which The Bahamas is divided at intervals of no more than five years, and must submit a single report to the Governor-General either:
stating that in the opinion of the Commission, no change is required; or
stating that, in the Commission's opinion, no change is needed; or
recommending certain changes, and the Governor-General shall cause such report to be laid before the House of Assembly forthwith.
recommending certain changes. The Governor-General must have the report laid before the House of Assembly immediately.
In carrying out a review for the purposes of this Article, the Commission shall be guided by the general consideration that the number of voters entitled to vote for the purposes of electing every member of the House of Assembly shall, so far as is reasonably practicable, be the same and the need to take account of special consideration such as the needs of sparsely populated areas, the practicably of elected members maintaining contact with electors in such areas, size, physical features, natural boundaries and geographical isolation.
When carrying out a review under this Article, the Commission must be guided by the general principle that the number of voters entitled to vote for each member of the House of Assembly should be the same, so far as is reasonably practicable, and by the need to take account of special considerations such as the needs of sparsely populated areas, how practicable it is for elected members to keep in contact with electors in such areas, size, physical features, natural boundaries and geographical isolation.
When the Commission intends to proceed under paragraph (1) of this Article, it shall, by notice in writing, inform the Prime Minister, who shall cause a copy of the notice to be published in the Gazette.
When the Commission intends to proceed under paragraph (1) of this Article, it must inform the Prime Minister by written notice, and the Prime Minister must have a copy of the notice published in the Gazette (the official government newspaper).
As soon as may be after the Commission has submitted a report recommending changes in the boundaries of any constituencies, the Prime Minister shall lay before the House of Assembly for its approval a draft of an Order by the Governor-General for giving effect, whether with or without modifications, to the recommendations contained in the report, and that draft may make provision for any matters (including variation of the quorum specified in Article 57 of this Constitution) which appear to the Prime Minister to be incidental to or consequential upon the other provisions of the draft.
As soon as possible after the Commission submits a report recommending changes to the boundaries of any constituencies, the Prime Minister must lay before the House of Assembly, for its approval, a draft of an Order by the Governor-General giving effect to the report's recommendations, with or without modifications. The draft may deal with any matters (including changing the quorum set in Article 57 of this Constitution) that the Prime Minister considers incidental to, or consequential on, the other provisions of the draft.
Where any draft Order laid under this Article would give effect to any such recommendations with modifications, the Prime Minister shall lay before the House of Assembly together with the draft a statement of the reasons for the modifications.
Where a draft Order laid under this Article would give effect to the recommendations with modifications, the Prime Minister must lay before the House of Assembly, together with the draft, a statement of the reasons for the modifications.
If the motion for the approval of any draft Order laid under this Article is rejected by the House of Assembly, or is withdrawn by leave of the House, an amended draft shall be laid without undue delay by the Prime Minister before the House of Assembly.
If the House of Assembly rejects the motion to approve a draft Order laid under this Article, or the motion is withdrawn with the leave of the House, the Prime Minister must lay an amended draft before the House of Assembly without undue delay.
If any draft Order laid under this Article is approved by resolution of the House of Assembly, the Prime Minister shall submit it to the Governor-General who shall make an order (which shall be published in the Gazette) in terms of the draft; and that Order shall come into force on such day as may be specified therein and, until revoked by a further Order made by the Governor-General in accordance with the provisions of this Article, shall have the force of law in The Bahamas:
If the House of Assembly approves a draft Order laid under this Article by resolution, the Prime Minister must submit it to the Governor-General, who must make an Order in the terms of the draft and have it published in the Gazette. The Order comes into force on the day stated in it and has the force of law in The Bahamas until it is revoked by a further Order made by the Governor-General under this Article:
Provided that the coming into force of any such Order shall not affect any election to the House of Assembly until a proclamation is made by the Governor-General appointing the date for the holding of a general election of members of the House of Assembly or affect the constitution of the House of Assembly then in being.
But the coming into force of such an Order does not affect any election to the House of Assembly until the Governor-General makes a proclamation appointing the date for a general election of members of the House of Assembly, and does not affect the make-up of the House of Assembly then in existence.
Save as provided in the next following paragraph the question of the validity of nay Order by the Governor-General purporting to be made under his Article and reciting that a draft thereof has been approved by resolution of the House of Assembly shall not be inquired into in any court of law.
Except as provided in the next paragraph, no court may inquire into the validity of any Order by the Governor-General that purports to be made under this Article and states that a draft of it was approved by resolution of the House of Assembly.
Parliament may by law provide for an appeal to the Supreme Court against a statement or recommendation submitted by the Commission in pursuance of sub-paragraph (1)(a) or (b) of this Article.
Parliament may by law provide for an appeal to the Supreme Court against a statement or recommendation submitted by the Commission under sub-paragraph (1)(a) or (b) of this Article.