CHAPTER FIVE

The Legislative Power

The National Assembly

Article 62 The National Assembly shall consist of two Houses: The Senate and the Chamber of Deputies.
 

Part I

The Senate

Article 63 The Senate, including the Speaker, shall consist of not more than one- half of the number of the members of the Chamber of Deputies.
Article 64 In addition to the requirements prescribed in Article 75 of the present Constitution, a Senator must have completed forty calendar years of age and must belong to one of the following classes: Present and former Prime Ministers and Ministers, persons who had previously held the office of Ambassador, Minister Plenipotentiary, Speaker of the Chamber of Deputies, President and judges of the Court of Cassation and of the Civil and Sharia Courts of Appeal, retired military officers of the rank of Lt. General and above, former Deputies who were elected at least twice as deputies, and other similar personalities who enjoy the confidence of the people in view of the services rendered by them to the Nation and the Country.
Article 65

(i) * The term of office of Senators shall be four years. The appointment of members shall be renewed every four years. Senators whose term of office had expired may be reappointed for a further term.

(ii) The term of office of the Speaker of the Senate shall be two years but he may be reappointed.

* As amended in the Official Gazette No. 1243 of 16/10/1955.

Article 66

(i) The Senate shall meet simultaneously with the Chamber of Deputies and the sessions shall be the same for both Houses.

(ii) If the Chamber of Deputies is dissolved, the sessions of the Senate shall be suspended.

 

Part II

The Chamber of Deputies

Article 67

The Chamber of Deputies shall consist of members elected by secret ballot in a general direct election and in accordance with the provisions of an Electoral Law which shall ensure the following principles:

(i) The integrity of the election.
(ii) The right of candidates to supervise the process of election.
(iii) The punishment of any person who may adversely influence the will of voters.

Article 68

(i) * The term of office of the Chamber of Deputies shall be four calendar years commencing from the date of the announcement of the results of the general elections in the Official Gazette. The King may, by a Royal Decree, prolong the term of the Chamber for a period of not less than one year and not more than two years.

(ii) A general election shall take place during the four months preceding the end of the term of the Chamber. If the election has not taken place by the end of the term of the Chamber or if such election is delayed for any reason, the Chamber shall remain in office until the election of a new Chamber.

* As amended in the Official Gazette No. 1476 of 16/2/1960.

Article 69

(i) The Chamber of Deputies shall elect its Speaker at the beginning of each ordinary session for a period of one calendar year, but he may be re-elected.

(ii) If the Chamber of Deputies meets in an extraordinary session and has no Speaker, the Chamber shall elect a Speaker for a term of office which shall terminate at the beginning of the ordinary session.

Article 70 In addition to the requirements prescribed in Article 75 of the present Constitution, a deputy must have completed thirty calendar years of his age.
Article 71 The Chamber of Deputies shall have the right to determine the validity of the election of its members. Any voter shall have the right to present a petition to the Secretariat of the Chamber within fifteen days of the announcement of the results of the election in his constituency setting out the legal grounds for invalidating the election of any deputy. No election may be considered invalid unless it has been declared as such by a majority of two-thirds of the members of the Chamber.
Article 72 Any deputy may resign his seat by notifying the Speaker of the Chamber of Deputies in writing, and the Speaker shall place the resignation before the Chamber for a decision as to whether the resignation should be accepted or rejected.
Article 73

(i) If the Chamber of Deputies is dissolved, a general election shall be held, and the new Chamber shall convene in an extraordinary session not later than four months from the date of dissolution. Such session shall be deemed to be an ordinary session in accordance with the provisions of Article 78 of the present Constitution and shall be subject to the conditions prescribed therein in respect of prolongation or adjournment.

(ii) If no elections have taken place by the end of the four months, the dissolved Chamber shall assume its full constitutional powers and assemble forthwith as if its dissolution had not taken place. It shall remain in office until the election of a new Chamber.

(iii) * Such extraordinary session shall not in any event continue after the 30th day of September and shall be prorogued on that date so that the Chamber may be able to hold its first ordinary session on the first day of October. If such extraordinary session happens to be held during October and November, it shall be considered as the first ordinary session of the Chamber of Deputies.

(iv) ** Notwithstanding the provisions of paragraphs (i) and (ii) of this Article, the King may postpone the holding of the general elections if a force majeure has occurred which the Council of Ministers considers as rendering the holding of elections impossible.

(v) *** Should the force majeure provided for in paragraph (iv) hereof persist, the King may, upon a decision taken by the Council of Ministers, reinstate and convene the dissolved Chamber. Such Chamber shall be deemed as having been in existence in all respects from the date of the issue of the Royal Decree effecting its reinstatement. It shall exercise its full constitutional powers and be subject to the provisions of this Constitution, including those pertaining to the term of the Chamber and its dissolution. The session which it holds in such case shall be deemed to be its first ordinary session regardless of the date when it takes place.

(vi) **** Should the Council of Ministers consider that the holding of general elections in at least one half of the constituencies is possible in spite of the persistence of the force majeure referred to in this Article, the King may order the holding of elections in such constituencies. The successful members shall elect not more than one-half of the number of the members for the other constituencies in which it was impossible to hold elections, provided that they can hold a (valid) meeting only by a majority of three-quarters of their number, and provided also that the elections shall be by at least a two-thirds majority and shall be in accordance with the provisions and in the manner provided for in Article (88) of the Constitution. The successful members and the members elected in accordance with this paragraph shall elect the remaining members for the said constituencies in accordance with the provisions of this paragraph.

* As amended in the Official Gazette No. 1243 of 16/10/1955.

** As amended in the Official Gazette No. 2523 of 10/11/1974 and re- amended in the Official Gazette No. 2605 of 7/2/1976.

*** As amended in the Official Gazette No. 2605 of 7/2/1976.

**** This was added as per amendment in the Official Gazette No. 3201 of 9/1/1984.

Article 74

* If the Chamber of Deputies is dissolved for any reason, the new Chamber shall not be dissolved for the same reason. A Minister who intends to nominate himself for election shall resign fifteen days at least before the beginning of nomination.

* As amended in the Official Gazette No. 1179 of 17/4/1954 and No.1380 of 4/5/1958.