Structure & Powers of the Courts

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POLITICS

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CONSTITUTION

PREAMBLE

CHAPTER 1

CHAPTER 2

CHAPTER 3

CHAPTER 4

CHAPTER 5

CHAPTER 6

CHAPTER 7

CHAPTER 8

CHAPTER 9

CHAPTER 10

CHAPTER 11

Article 78

Independence of the Judiciary

1. An independent Judiciary is hereby established.

2. Supreme Federal Judiciary authority is vested in the Federal Supreme Court. The Council of Peoples' Representatives may, by a two-third majority vote, establish, nationally or in some regions of the country, such Federal high and first-instance courts it deems necessary. Unless and until such lower Federal courts are established, federal high and first-instance judicial powers are delegated to the State courts.

3. States shall establish Supreme, high and first-instance courts. Specific laws shall be enacted for that purpose.

4. The establishment of special or ad hoc courts, outside the regular court system or institutions which are legally prescribed procedures, are prohibited.

5. Pursuant to sub-Article 5 of Article 34 the Council of Peoples' Representatives and state councils can establish or give official recognition to religious and cultural courts. Religious and customary courts that had government recognition and functioned prior to the ratification of the Constitution shall be organized on the basis of recognition accorded to them by this Constitution.

Article 79

Judicial Powers

1. Both at Federal and at State levels judicial powers are vested in the courts.

2. Courts of any level shall be free from interference or influence of any governmental body, official of government, or from any other source.

3. Judges shall exercise their functions in full independence and they shall be directed solely by the law.

4. No judge shall be removed from his duties before he reaches the legally mandated retirement age except under the following conditions:

(a) When the Judicial Administration Commission decides to remove him for violation of disciplinary rules or on grounds of gross incompetence or inefficiency; or

(b) When the Judicial Administration Commission decides that a judge can no longer carry out his responsibilities on account of illness; and

(c) When the Council of Peoples' Representatives or State councils approve by a majority vote the decisions of the Judicial Administration Commission.

5. The retirement age of judges may not be extended beyond the legally mandated retirement age.

6.The Federal Supreme Court shall draw up and submit to the Council of Peoples' Representatives for approval the administrative budget of the Federal courts. It shall implement the budget upon approval.

7.Adminstrative budgets of State courts shall be determined by the State Councils. The council of Peoples' Representatives shall compensate states
for the expenses their supreme and high courts incur in adjudicating Federal disputes.

Article 80

Joint Jurisdiction of courts

1. The Federal Supreme court shall have the highest and final power of Jurisdiction over federal matters.

2. State Supreme Courts shall have the highest and final power of Jurisdiction over state matters. They shall also exercise Federal High Court Jurisdiction.

3. Not withstanding the provisions of sub-a-Articles1 and 2; (a) In order to correct a basic error of law the Federal Supreme Court has the authority to review and correct final decisions in cassation; (b) In order to correct a basic error of law the State Supreme Court has the authority to review and correct final decisions in cassation on state matters.

4. State High Courts shall, in addition to State Jurisdiction, exercise federal first-instance court jurisdiction.

5. State High Court decisions in pursuance of Federal first-instance jurisdiction are appeal-able to State Supreme Courts.

6. State Supreme Court decisions on Federal matters are appeal-able to the Federal Supreme Court.

Article 81

Appointment of Judges

1. The council of Peoples' Representatives shall, on submission of nominees by the Prime Minister, appoint the Chief and the Vice-Chief Justices of the Federal Supreme Court.

2. The Council of Peoples' Representatives shall appoint all Federal judges whose nominations shall be submitted to it by the Prime Minister on the basis of selections made by the Federal Commission for Judicial Administration.

3. State Councils shall appoint State Supreme Court Chief and Vice-Chief Justices on the basis of nominations submitted to them by the State heads of the executive branch of government.

4. State Councils shall also appoint State Supreme and High Court judges on the basis of nominations submitted to them by State Commissions of judicial administration. The State commissions, before submitting nominations to their State Councils, shall have the responsibility to obtain the views of the Federal Judicial Administrative Commission on the nominees and to forward those views
together with their recommendations. If Federal Judicial Administrative Commission does not present its views within three months, the State Council shall appoint the nominees.

5. State Councils shall appoint all first-instance State judges on the basis of nominations submitted to them by State commissions of judicial administration.

6.The appropriate commissions of judicial administration shall decide on the discipline and the transfer of all judges.

Article 82

Structure of the Councils of Constitutional Inquiry

1. The Constitution hereby establishes the Council of Constitutional Inquiry.

2. The Council of Constitutional Inquiry shall have eleven members. Its membership comprises:

(a) The Chief Justice of the Federal Supreme Court who shall serve as its President.

(b) The Vice-Chief Justice of the Federal Supreme Court who shall serve as its Vice-President.

(c) Six legal experts who shall be appointed by the President of the Republic on nominations submitted by the Council of Peoples' Representatives on the basis of their professional excellence and moral standing.

(d) Three persons designated by the Federal Council among its members.

3.The Council of Constitutional Inquiry shall establish institutional structures which will ensure expeditious execution of its responsibilities.

Article 83

Constitutional Interpretation

1. All constitutional disputes shall be decided by the Federal Council.

2. The Federal Council shall decide within thirty days after the Constitutional Court has submitted any dispute to it.

Article 84

Powers and Functions of the Council of Constitutional Inquiry

1. The Council of Constitutional, shall have judicial powers. However, only when its decisions are confirmed by the Federal Council shall they become final.

2. The Council of Constitutional Inquiry, after examining claims submitted to it by a court or a party to a dispute relating to the contravention of this Constitution by Federal laws or State laws, shall submit its finding to the Federal Council for a final decision.

3. The Council of Constitutional Inquiry shall draft procedures and it shall submit the draft to the Federal Council for approval.

4. When issues of constitutional interpretation arise in other courts the Council of Constitutional Inquiry shall follow the following procedures:

(a) If it finds no reason for constitutional interpretation it shall remand the case to the competent court. However, a party not satisfied with the order issued by the Council of Constitutional Inquiry may appeal to the Federal Council.

(b) If it finds a reason for constitutional interpretation, it shall decide the case and submit its decision to the Federal Council for final determination.