Section 3.         Elections of Members  of the Nitijela.

(1)   Elections of members of the Nitijela shall be conducted by secret ballot under a system of universal suffrage for all citizens of the Republic of the Marshall Islands who have attained the age of 18 years, and who are otherwise qualified to vote pursuant to this Section.

(2)   No person shall be qualified to be a voter if:

(a) he is certified to be insane; or
(b) in respect of his conviction for a felony, he is serving a sentence of imprisonment or is released on parole or probation.

(3)   Every person otherwise qualified to be a voter shall have the right to vote in one and one only electoral district, being an electoral district in which he either resides or has land rights; but a person who has a choice of electoral districts pursuant to this paragraph shall exercise that choice in any manner prescribed by law. [By war of Constitutional Amendment #1 the term “Marshall Islands” as that term is first used herein, was replaced  with the term “Republic  of the Marshall Islands”]

Section 4.    Qualifications of Candidates.

(1)   Every qualified voter who has attained the age of 21 years is qualified to be a candidate for election as a member of the Nitijela.

(2)   Any person who is qualified to be a candidate under paragraph (1) of this Section shall have the right to be a candidate in any electoral district in which he is entitled to vote, or unless otherwise provided by Act, in any other electoral district:
Provided that no person may, at any election, be a candidate in more than one electoral district.

Section 5.    Public Servants Who Become Candidates or Are Elected.

(1)   Employees of the Public Service who become candidates for election as members of the Nitijela shall be granted leave of absence for the purposes of their candidature in accordance with any conditions prescribed by law.

(2)   If any such employee is declared elected as a member of the Nitijela, he shall be deemed to have resigned from his employment in the Public Service.

Section 6.    Vacation of Seats by Members  of the Nitijela.

(1)   The seat of any member of the Nitijela shall become vacant if, and only if:

(a)   he ceases to possess any qualification to be a candidate which he was required to have at the time of his candidature; or
(b)   he dies; or
(c)   he resigns his seat, by writing signed by him, delivered, in the case of a member other than the Speaker to the Speaker, and, in the case of the Speaker, to the Clerk of the Nitijela; or
(d)   he is absent without the leave of the Nitijela  from the meetings of the Nitijela held on 20 consecutive sitting days; or
(e)   he accepts appointment (except as a member of the Cabinet) to any other office entitling him to compensation from public money: or
(f)   the Nitijela is dissolved.

(2)   If the seat of any member of the Nitijela becomes vacant for any reason other than the dissolution of the Nitijela, the vacancy shall be filled at an election in the electoral district which he represented, held at the time prescribed by law, and conducted in accordance with Sections 3, 4 and 5 of this Article.

(3)   Whenever the seats of the members of the Nitijela become vacant as a result of the dissolution of the Nitijela, the vacancies shall be filled at a general election held pursuant either to Section 12 or to Section 13 of this Article, as the case may require,  and conducted in accordance with Sections 3, 4 and 5 of this Article.

Section 7.    The Speaker  and the Vice-Speaker.

(1)   The Speaker and the Vice-Speaker shall be the members of the Nitijela elected to those offices by the Nitijela.

(2)   The Nitijela shall, by secret ballot, proceed to elect the Speaker and the Vice-Speaker before the despatch of any other business, at the first meeting of the Nitijela after each general election; and shall so proceed to elect a member of the Nitijela to fill any vacancy in the office of Speaker or Vice-Speaker, before the despatch of any other business, at the first meeting of the Nitijela after the occurrence of the vacancy.

(3)   The Speaker or the Vice-Speaker may resign his office by writing signed by him, delivered to the Clerk of the Nitijela, and each shall vacate his office:

(a)   on the entry into office of a new Speaker or Vice-Speaker elected when the Nitijela first meets after a general election; or
(b)   if he ceases to be a member of the Nitijela for any reason other than the dissolution thereof; or
(c)   if he takes office as the President or a Minister; or
(d)   if he is removed from office by a resolution of the Nitijela carried by not less than two thirds of the total membership of the Nitijela.

Section 8.    Functions  of the Speaker.

(1)   The Speaker shall preside over any meeting of the Nitijela at which he is present and shall have the other functions conferred on him by this Constitution or by or pursuant to Act or to the Rules of the Nitijela.

(2)   The Speaker shall be responsible for ensuring that the official business of the Nitijela is conducted in compliance with this Constitution and the Rules of the Nitijela, and shall exercise his functions impartially.

(3)   If the Speaker is not present at any meeting of the Nitijela, or through absence, illness or any other cause, he is unable to perform any other function of his office or the office of Speaker is vacant, the Vice-Speaker shall preside over that meeting or perform that function until the Speaker is again present at that meeting or able to perform that function.

(4)   If  at any time when the Nitijela is in session, there is neither a Speaker nor  a Vice-Speaker who is able to preside over a meeting of the Nitijela or perform any other function of the Speaker, the Clerk of the Nitijela shall preside for the purpose of enabling the members of the Nitijela to select one of their number, not being the President or a Minister, to preside over
any meeting and perform any other function of the Speaker until the Speaker or the Vice-Speaker is present at that meeting or able to perform that function.

(5)   If at any time when the Nitijela is not in session there is neither a Speaker nor a
Vice-Speaker who is able to perform the functions of the Speaker, then, until the Speaker or the Vice-Speaker is again able to perform those functions, they shall be performed by a member of the Nitijela not being the President or a Minister, appointed for the purpose by the Clerk of the Nitijela, by writing signed by him.

(6)   Every document, including any certificate, signed by the Speaker in the performance of his functions shall be countersigned by the Clerk of the Nitijela, and where, pursuant to this Section, any such document or certificate is signed by the Vice-Speaker or by a member of the Nitijela performing the functions of the Speaker, it shall be so stated on the document or in that certificate.

Section 9.    Determination on Questions of Membership of the Nitijela.

Any question that arises concerning the right of any person to vote at an election of a member or members of the Nitijela, or to be or to remain a member of the Nitijela, or to exercise the rights of a member, or concerning the conduct of any person in relation to any election of a member or members of the Nitijela, shall be referred to and determined by the High Court.

Section 10.    Sessions of the Nitijela.

(1)   The Nitijela shall meet in regular session on the first Monday in January in each year and shall, subject to Section 11 of this Article, remain in session for 50 sitting days:

Provided that the President may, by writing signed by him, appoint a later date for the termination of any regular session.

(2)   If there has been a general election or if, at any time when the Nitijela is not in session, an election of the President is for any other reason required, and more than 60 days will elapse before the date of the next regular session of the Nitijela, the President shall, within 14 days after the date of the general election or the date of the occurrence of any other event requiring an election of the President, call the Nitijela to meet in special session on a date not more than 30 days after the date of the call; and in any case where the President has not called the Nitijela to meet in special session in accordance with this paragraph, the Speaker shall call the Nitijela to meet in special session as soon as practicable.

(3)   If more than 120 days have elapsed after the date on which the preceding session of the Nitijela terminated, any 10 members of the Nitijela, not being members of the Cabinet, representing not less than 4 electoral districts, may, by written petition signed by each of them, request the President to call the Nitijela to meet in special session in order to consider the matter or matters of urgent public business set forth in the petition. Unless the President has within 7 days of the receipt of the petition, called the Nitijela to meet in special session on a date not more than 30 days after the date of the call, the Speaker shall call the Nitijela to meet in special session as soon as practicable. Any special session called pursuant to this paragraph may consider any matter; but no such special session shall be terminated before the expiration of 30 sitting days unless the Speaker has certified that the Nitijela has sooner disposed of the matter or matters of urgent public business which it was called to consider.

(4)   At any time when the Nitijela is not already meeting in regular session or in special session, the President may, by writing signed by him, call it to meet in special session.

(5)   Subject to paragraph (3) of this Section and to Section 11 of this Article, the President shall, by writing signed by him, appoint the date for the termination of any special session of the Nitijela.

Section 11.    Special Provisions as to Termination of Sessions and Recesses of the Nitijela.

(1)   Subject to Sections 12 and 13 of this Article,

(a) whenever, during any session of the Nitijela, an election of a President is required, that session of the Nitijela shall not terminate and no recess shall be held until there has been an appointment of the members of the Cabinet, after the election of a President, unless, in relation to an election following the tender of the President’s resignation from office pursuant to paragraph (3) of Section 7 of Article V, that tender has sooner lapsed; or
(b) whenever, during any session of the Nitijela, notice is given of a motion of no confidence in the Cabinet, that session of the Nitijela shall not terminate and no recess shall be held before the expiration of 10 days after the date of the giving of the notice, unless that motion has sooner been voted upon.

(2)   Subject to paragraph (1) of this Section, the Rules of the Nitijela may provide for the holding of a recess during any session of the Nitijela.

Section 12.    Dissolution of the Nitijela and General Election.

(1)   Pursuant to paragraphs (2) and(3) of this Section, the Nitijela shall be dissolved and there shall be a general election of all members of the Nitijela in every fourth calendar year, unless the Nitijela is sooner dissolved and a general election is sooner held pursuant to Section 13 of this Article.

(2)   The Nitijela shall automatically be dissolved on the thirtieth day of September in the fourth year after the year in which the last preceding general election was held:

Provided that, if in any calendar year there was, pursuant to Section 13 of this Article, a general election on or before the thirtieth day of April, the Nitijela shall automatically be dissolved on the thirtieth day of September in the third year after the year in which that general election was held.

(3)   In the year when the Nitijela is dissolved on the thirtieth day of September, there shall be a general election on the third Monday in November.

Section 13.    Special Provisions for Early Dissolution of the Nitijela and a General Election.

(1)   The President may, by writing signed by him, dissolve the Nitijela if:

(a)   a motion of no confidence in the Cabinet has twice been carried and has twice lapsed, and no other President has held office in the interval between the two votes of no confidence; or;
(b)   no Cabinet has been appointed within 30 days after the date on which the Nitijela proceeded to elect a President for any reason other than the tender of the President’s resignation from office following a vote of no confidence.

(2)   The power of the President to dissolve the Nitijela shall lapse, if it has not been exercised before the expiration of 30 days after the date on which it first arose.

(3)   In every case where the Nitijela has been dissolved pursuant to this Section, there shall be a general election on the seventh Monday after the date of the dissolution.

 Section 14.    Clerk of the Nitijela.

(1)   There shall be a Clerk of the Nitijela who shall be an officer of the Public Service and shall have the functions conferred on him by this Constitution or by or pursuant to Act or to the Rules or a resolution of the Nitijela.

(2)   The Clerk of the Nitijela shall be responsible for:

(a)   preparing the business and keeping a record of the proceedings of the Nitijela and publishing that record from time to time; and
(b)   arranging for the signing of documents and giving of certificates by the Speaker, whenever any signature or certification of the Speaker is required pursuant to this Constitution or to any law, and keeping a record of all documents and certificates so signed or given; and
(c)   arranging for the performance, with respect to the Speaker and to the other members of the Nitijela, of such secretarial and other functions as may be required.

Section 15.    Procedure of the Nitijela.

(1)    Subject to this Section and to any Act, the Nitijela may from time to time make Rules for the regulation and orderly conduct of its proceedings and the despatch of its official business.

(2)   The Rules of the Nitijela shall ensure that, in the conduct of its official business, there is an opportunity for all points of view represented in the Nitijela to be fairly heard.

(3)   Except where this Constitution otherwise provides, every question before the Nitijela shall be decided by a majority of the votes of the members present and voting at a meeting of the Nitijela.

(4)   Unless pursuant to an Act or to the Rules of the Nitijela, a member is required to abstain from voting on any matter in which he has a personal interest, every member present when any question is put to the Nitijela shall vote thereon.

(5)   When any question is put to the Nitijela, any member may call for a roll-call vote thereon, unless this Constitution requires that vote to be by secret ballot.

(6)   No member of the Nitijela may vote more than once on any question, or vote by proxy or be represented at any meeting of the Nitijela by any other person.

(7)   No motion or other proposal shall be adopted and no candidate shall be elected on an evenly-divided vote, but further votes may be taken in respect of the motion or other proposal or election in the manner prescribed in the Rules of the Nitijela.

(8)   No business shall be transacted at any meeting of the Nitijela if the number of members then present is less than half of the total membership of the Nitijela.

(9)   The powers of the Nitijela shall not be affected by any vacancy in its membership.

(10)   No Bill shall be passed unless it has been read three (3) times in the Nitijela.

(11)   Any Bill or other business before the Nitijela at its dissolution shall lapse.

(12)  The Nitijela may, by resolution, declare that any person who has acted contrary to the provisions of this Constitution or of any Act relating to the conduct of the official business of the Nitijela, or to the Rules of the Nitijela, is in contempt of the Nitijela; but no member of the Nitijela shall be punished therefor, except by suspension for no longer than 10 sitting days pursuant to such Act or Rules, and no person other than a member shall be punished therefor, except pursuant to an Act defining offenses relating to contempt of the Nitijela and making provision for their trial and punishment by the High Court.

Section 16.      Privileges of the Nitijela and its Members.

(1)   The validity of any proceeding in the Nitijela or in any committee thereof, or in any joint conference or joint committee, and the validity of any certificate duly given by the Speaker under Section 10 or Section 21 of this Article, or Section 3 or Section 4 of Article XII, or Section 6 of Article XIII, shall not be questioned in any court; but this shall not be taken to preclude judicial review of the validity of any Act or resolution of the Nitijela under this Constitution.

(2)   Members of the Nitijela shall, except in cases of felony, be privileged from arrest during any session of the Nitijela, and in going to or returning from the same.

(3)   Neither the Speaker nor any officer of the Nitijela in whom powers are vested for the regulation of procedure or the conduct of business or the maintenance of order shall, in relation to the exercise of any of those powers, be subject to the jurisdiction of any court; but this shall not be taken to preclude the exercise of judicial power under Section 7 of Article 11 or judicial review, in an action against the Clerk of the Nitijela as nominal defendant, pursuant to Section 9 of this Article.

(4)   Neither the Nitijela nor any member of the Nitijela shall be subject to any proceeding outside that body, or subjected to any liability, civil or criminal, in relation to the casting of any vote, the making of any statement, the publication of any document or the taking of any other action as part of the official business of the Nitijela.

Section 17.      Compensation of Members  of the Nitijela.

The compensation of the President, the Ministers, the Speaker, the Vice-Speaker and the other members of the Nitijela shall be specifically prescribed by Act.

Section 18.       Introduction of Bills in the Nitijela.

Any member of the Nitijela may introduce any Bill, or propose any motion for debate in, or present any petition to, the Nitijela; and any such Bill, motion or petition shall be considered and disposed of in accordance with this Constitution and the Rules of the Nitijela.

Section 19.      Special Provisions with regard to Bills Prescribing Compensation.

(1)   This Section shall apply to any Bill or amendment to a Bill which, in the opinion of the Speaker, prescribes the compensation of any person or class of persons whose compensation is required to be specifically prescribed by Act.

(2)   The Nitijela shall not proceed further than the first reading of any Bill or amendment to which this Section applies, unless it has before it a report made by a committee of the Nitijela, or by some other body authorized for the purpose by Act, as to the level of the salary and the scale of the allowances (if any) which ought to be paid to any person or class of persons affected by that Bill or amendment; and that report has been published.

(3)   The committee of the Nitijela or other body making that report shall take into account, in relation to any person or class of persons affected by any Bill or amendment to which this Section applies.

(a)   the general level of incomes in the community; and
(b)   the cost of living; and
(c)   the nature of the office and of the services to be performed; and
(d)   the qualifications of the person or class of persons affected; and
(e)   the amount of time which the person or class of persons affected are expected to devote to their duties; and
(f)   whether the person or class of persons affected are free to engage in any other occupation for gain or reward: and
(g)   any other conditions of the appointment of the person or class of persons affected.

(4)   An Act prescribing the compensation payable to any person or class of persons whose compensation is required to be specifically prescribed by Act shall not, of itself, be regarded as authority for the expenditure of public money; and any expenditure for the purpose of paying that
compensation shall be authorized only pursuant to Article VIII.

Section 20.    Special Provisions with Regard to Bills Prescribing the Qualifications of Judges.

The Nitijela shall not proceed further than the first reading of any Bill or amendment to a Bill which, in the opinion of the Speaker, prescribes any qualification required for appointment as a judge, unless it has before it a report by the Judicial Service Commission as to whether such a qualification would be appropriate, and that report has been published.

Section 21.    When Bills Become Law.

(1) Subject to the requirements of paragraph (5) of Section 4 of Article XII, in those cases to which that paragraph applies, a Bill shall become law if, and only if:

(a)   it has been passed by the Nitijela; and
(b)   the Speaker, being satisfied that it has been passed in accordance with this Constitution and with the Rules of the Nitijela, has endorsed on a copy of the Bill a certificate of compliance with the requirements of this Section and has, in the presence of the Clerk of the Nitijela, signed that certificate and inscribed thereon the date of signature; and
(c)   the Clerk of the Nitijela has, in the presence of the Speaker, countersigned the certificate on that copy of the Bill.

(2)   A Bill may be signed and countersigned pursuant to this Section whether or not the Nitijela is then in session.
(3)   A Bill which becomes law in accordance with the requirements of this Section shall be an Act of the Nitijela.
(4)   Subject to its provisions, an Act shall come into force on the date of certification.

ARTICLE V - THE EXECUTIVE

Section 1.    Executive Authority and Collective Responsibility  of the Cabinet.

(1)   The executive authority of the Republic of the Marshall Islands shall be vested in the Cabinet, whose members are collectively responsible to the Nitijela.

(2)   Subject to law, the Cabinet may exercise elements of its executive authority directly, or through its individual members, and through other officers responsible to the Cabinet; but neither the provisions of any such law, nor any delegation of elements of the Cabinet’s executive authority shall have the effect of diminishing the responsibility of the Cabinet and of each of its members to the Nitijela for the direction and implementation of executive policies.

(3)   The executive authority so vested in the Cabinet shall include but shall not be limited to the following powers, functions, duties and responsibilities:

(a)   the Cabinet shall have the general direction and control of the government of the Republic;
(b)   the Cabinet shall recommend to the Nitijela such legislative proposals as it considers necessary or desirable to implement its policies and decisions; and, in particular, the Cabinet, taking into account the provisions of Article VIII, shall recommend to the Nitijela proposals for the raising of taxes or other revenue and for the expenditure of public money;
(c)   the Cabinet shall be accountable to the Nitijela for all public expenditure and for relating such expenditure to the appropriations made by the Nitijela or to other authority conferred by this Constitution or by Act;
(d)   the Cabinet shall be responsible for conducting the foreign affairs of the Republic, whether by treaty or otherwise; Provided that no treaty shall be finally accepted and no ambassador or other head of diplomatic mission shall be appointed by the Cabinet, without the approval of the Nitijela, signified by resolution.
(e)   the Cabinet shall be responsible for making such provision as may be reasonable and necessary for the security of the Republic; Provided that no armed forces shall be raised or stationed in the Republic in peacetime except by Act;
(f)   the Cabinet shall have the power of reprieve and pardon;
(g)   the Cabinet shall be responsible for establishing and maintaining such hospitals and other institutions and for providing such other services as may be reasonable and necessary for the public health;
(h)   the Cabinet shall be responsible for establishing and maintaining such public schools and for making such other provision as may be reasonable and necessary to provide educational opportunities for the people of the Republic;
(i)   the Cabinet shall be responsible for establishing and maintaining such other institutions and services and for making such other provision as may be reasonable and necessary to achieve an adequate standard of living for the people of the Republic, to enable them to enjoy their legal rights, and to serve their economic, social and cultural welfare;
(j)   in the exercise of its responsibilities, the Cabinet may make such contracts and other instruments on behalf of the Government of the Republic as it considers necessary.

(4)   No treaty or other international agreement which is finally accepted by or on behalf of the Republic on or after the effective date of this Constitution shall, of itself, have the force of law in the Republic. [By way of Constitutional Amendment #1 the term “Marshall Islands” as that term is first used herein, was replaced  with the term “Republic  of the Marshall Islands”  that Amendment also replaced the term “Marshall Islands”  as it appears subsequently herein, with the term “Republic”]

Section 2.    Composition  of the Cabinet.

(1)   The Cabinet shall consist of the President (who shall be a member of the Nitijela) and the other members of the Nitijela who are appointed as Ministers pursuant to this Article.

(2)   Subject to Section 8 of this Article, the members of the Cabinet shall continue in office until their successors are appointed.

Section 3.    The President.

(1)   The President shall be the Head of State of the Republic of the Marshall Islands.

(2)   The President shall be elected by a majority of the total membership of the Nitijela and shall be appointed to office pursuant to paragraph (2) of Section 4 of this Article.

(3)   The Nitijela shall, by secret ballot, proceed to elect the President at the first meeting of the Nitijela after each general election and also at the first meeting of the Nitijela after either:

(a)   the President’s seat in the Nitijela has been vacated for any reason other than the dissolution thereof; or
(b)   the President has tendered or is deemed to have tendered his resignation from office.

(4)   The President may at any time tender his resignation from office by writing signed by him, addressed to the Speaker.

(5)   Where the President has tendered or is deemed to have tendered his resignation from office, that tender may not be withdrawn. [By way of Constitutional Amendment #1, the term “Marshall Islands”as that term is first used herein, was replaced  with the term “Republic  of the Marshall Islands”]

Section 4.    Appointment of the Cabinet  after Election of the President.

(1)   As soon as practicable after his election to that office, the President elect shall nominate to the Speaker for appointment as Ministers not less than 6 nor more than 10 other members of the Nitijela who have consented to the nomination.

(2)   Upon receiving the nominations made by the President elect under this Section, the Speaker shall, by instrument signed by him, appoint to office, as members of the Cabinet, the President elect and the Ministers so nominated.

(3)   If the President elect has not, within 7 days after the date of his election to that office, submitted to the Speaker his nomination of not less than 6 members of the Nitijela for appointment as Ministers, his election to that office shall have no effect, and the Nitijela shall proceed as soon as practicable again to elect a President.

Section 5.    Allocation of Portfolios.

(1)   The President shall, as soon as practicable after taking office, by writing signed by him, allocate among the members of the Cabinet (including himself if he so desires) the portfolios of Ministers of Finance, Minister of Foreign Affairs, Minister of Communications and Transportation, Minister of Resources and Development, Minister of Social Welfare, Minister of Public Works and such other portfolios as may be necessary or desirable for giving to a member of the Cabinet the primary responsibility for any Department or function of government.
 
(2)   The government in respect of which no allocation of a portfolio is for the time being in force.

Section 6.    Appointment of Ministers and Allocation of Portfolios at Other Times.

(1)   The President may, at any time when the total number of Ministers is less than 10, submit to Speaker, with the consent of the member, the nomination of a member of the Nitijela for appointment as a Minister.

(2)   The Speaker shall, by instrument signed by him, appoint as a Minister any member so nominated.

(3)   The President may, at any time, by writing signed by him, allocate any portfolio in respect of which no allocation is in force, or may reallocate any portfolio.

(4)   Whenever it appears to the President that any Minister will, by reason of illness or absence from the Republic of the Marshall Islands or from the seat of government, be temporarily unable to discharge the responsibilities of any portfolio allocated to him, he may, by writing signed by him, direct any other Minister to discharge the responsibilities of that portfolio, until the Minister to whom that portfolio has been allocated is again able to discharge those responsibilities. [By way of Constitutional Amendment #1, the term “Marshall Islands”  as that term is first used herein, was replaced  with the term “Republic  of the Marshall Islands.”]

Section 7.    Vote of No Confidence in the Cabinet.

(1)   At any meeting of the Nitijela, any 4 or more members of the Nitijela who are not members of the Cabinet may give notice of their intention to make a motion of no confidence in the Cabinet.

(2)   Any such motion shall be voted on at a meeting of the Nitijela held not earlier than 5 days nor later than 10 days after the date of the giving of the notice.

(3)   If the motion of no confidence is carried by a majority of the total membership of the
Nitijela, the President shall be deemed to have tendered his resignation from office.

(4)   If the Nitijela has not elected a President at the expiration of 14 days after the date on which the President is so deemed to have tendered his resignation from office, the vote of no confidence and the tender of the President’s resignation shall lapse.

(5)   In any case where a vote of no confidence has lapsed, notice of intention to make a motion of no confidence in the Cabinet may not again be given until the expiration of 90 days after the date on which that vote of no confidence lapsed, unless there has sooner been an appointment of the members of the Cabinet, following the election of a President.

Section 8.    Vacation of Office by Ministers.

(1)   A Minister shall vacate his office as a member of the Cabinet if:

(a)   his appointment as a Minister is revoked by the President, by instrument signed by him; or
(b)   he vacates his seat in the Nitijela for any reason other than the dissolution thereof; or
(c)   he resigns his office by writing signed by him, delivered to the President.

(2)   If the occurrence of any vacancy in the office of a Minister brings the total number of to the Speaker the nomination of a Minister pursuant to paragraph (1) of Section 6 of this Article.

(3)   If, in any case where paragraph (2) of this Section applies, the President does not nominate a Minister in accordance with its provisions, he shall be deemed to have tendered his resignation from office.

Section 9.    Acting President.

(1)   Whenever, by reason of illness, or absence from the Republic of the Marshall Islands or from the seat of government, or for any other reason, the President is temporarily prevented from performing his functions in the Republic or at the seat of government, as the case may be, the President, or failing him the Cabinet, may request the Speaker to appoint a Minister the functions of President until such time as the President is capable of again performing his functions or has vacated his office; and the Speaker shall, by instrument signed by him, make such an appointment accordingly.

(2)   If the President vacates his seat in the Nitijela for any reason other than the dissolution thereof, the Speaker, acting at the request of the Cabinet, or if he receives no such request within 7 days of the date on which the President so vacates his seat, then acting in his own discretion, shall, by instrument signed by him, appoint a Minister to perform the functions of President until the members of the Cabinet are appointed after the election of a President.[By way of Constitutional Amendment # 1, the term “Marshall Island” as that term is first used herein, was replaced with the term “Republic of the Marshall Islands” that Amendment also replaced the term “Marshall Islands”  as it appears subsequently herein, with the term “Republic”]

Section 10.    Meetings of the Cabinet.

(1)   No business shall be transacted at any meeting of the Cabinet unless at least 4 members of the Cabinet are present.

(2)   The Cabinet shall not be disqualified from the transaction of business only because there is a vacancy among its members, or because, in any case where paragraph (4) of Section 6 of this Article applies, no direction has been given pursuant to that paragraph.

(3)   No proceeding of the Cabinet shall be questioned on the ground that a person who acted as a member of the Cabinet in relation to that proceeding was not qualified so to act.

(4)   Notice of every meeting of the Cabinet and a copy of every paper to be considered at that meeting  shall  be  given  to  each  member  of  the  Cabinet,  to  the  Chief  Secretary,  to  the Attorney-General, and to the Secretary of Finance.

(5)   The Chief Secretary shall have the right to attend any meeting of the Cabinet and to speak on any matter under consideration by the Cabinet, and shall so attend if required to do so by the President or other member of the Cabinet presiding.

(6)   The President shall preside over every meeting of the Cabinet at which he is present.

(7)   The decision of the Cabinet on any matter shall be taken by the members of the Cabinet present at a meeting of the Cabinet.

(8)   Subject to this Section, the Cabinet shall regulate its own procedure in such manner as it thinks fit.

Section 11.    Instruments and Other  Decisions Made by the Cabinet.

(1)   Cabinet shall be duly authenticated, when that instrument or the record of that decision has been signed by the President, whether or not he was present at the meeting of the Cabinet at which the instrument or other decision was made, and by the Clerk of the Cabinet.

(2)   In any case not otherwise provided for in this Constitution or any other law, and with the consent or approval of the Nitijela if required, the President or a Minister acting with the authority of the President may sign, pursuant to a decision of the Cabinet, any instrument of appointment or other instrument made on behalf of the Government of the Republic of the Marshall Islands. [By way of Constitutional Amendment # 1, the term “Marshall Islands”  as that term is first used herein, was replaced  with the term “Republic  of the Marshall Islands”]

Section 12.      Clerk of the Cabinet.

(1)   There shall be a Clerk of the Cabinet who shall be an officer of the Public Service and shall be responsible for arranging the business for and keeping the minutes of meetings of the Cabinet, and for conveying decisions of the Cabinet to the appropriate person or authority, and shall perform, with respect to the Cabinet, such secretarial and other functions as may be required.

(2)   The Clerk of the Cabinet shall be responsible for bringing to the attention of the Cabinet any opinion expressed to the Cabinet by the Council of Iroij.

ARTICLE VI - THE JUDICIARY

Section 1.         The Judicial  Power.

(1)   The judicial power of the Republic of the Marshall Islands shall be independent of the legislative and executive powers and shall be vested in a Supreme Court, a High Court, a Traditional Rights Court, and such District Courts, Community Courts and other subordinate courts as are created by law, each of these courts possessing such jurisdiction and powers and proceeding under such rules as may be prescribed by law consistent with the provisions of this Article.

(2)   Each court of the Republic shall have power to issue all writs and other processes, make rules and orders and promulgate all procedural regulations, not inconsistent with law, as may be required for the due administration of justice and the enforcement of this Constitution.

(3)   The authority granted in paragraph (2) of this Section include, in the case of the Supreme Court and the High Court and such subordinate courts as are created by law, the power to grant bail, accept forfeit security therefor; make orders for the attendance of witnesses with or without documents, make orders for the disposal of exhibits, and punish contempt of court.

(4)   Unless otherwise provided in the Constitution, every judge of the Supreme Court or of the High Court shall be a person with qualifications prescribed by or pursuant to Act; shall be appointed by the Cabinet acting on the recommendation of the Judicial Service Commission and with the approval, signified by resolution, of the Nitijela; may, pending such approval, discharge the duties of his office until the expiration of 21 days after the commencement of the next ensuing session of the Nitijela; and shall hold office during good behavior until reaching the age of 72 years unless, in the case of a judge who is not a citizen of the Republic, the judge has been appointed for a term of one or more years, or in the case of a sitting judge in another jurisdiction, for a particular session of court.

(5)   Until the Nitijela prescribes by Act the qualifications for judges of the Supreme Court and of the High Court, such judges must be persons qualified by education, experience, and character to discharge judicial office.

(6)   No judge shall take part in the decision of any case in which that judge has previously played a role or with respect to which he is otherwise disabled by any conflict of interest.

(7)   The compensation of the Chief Justice and any other judges of the Supreme Court and of the Chief Justice and any other judges of the High Court shall be specifically prescribed by Act.

(8)   A judge of the Supreme Court or of the High Court may be removed from office only by
a resolution of the Nitijela adopted by at least two-thirds of the its total membership and only on the ground of clear failure or inability faithfully to discharge the duties of such office or for the commission of treason, bribery, or other high crimes or abuses inconsistent with the authority of his office.

(9)   If the Nitijela is not in session, the Cabinet may suspend any judge of the High Court or of the Supreme Court until the expiration of 21 days after the commencement of the next ensuing session, but only for such cause as would justify removal of the judge by the Nitijela.

(10)   Whenever the office of any judge of the Supreme Court or of the High Court, having previously been filled, is temporarily vacant, or any such judge is disabled from performing the duties of his office, the Cabinet, acting on the recommendation of the Judicial Service Commission, may appoint as an acting judge to discharge the duties of that office for the duration of such vacancy or disability, a person qualified within the meaning of paragraph (5) of this Section. [By way of Constitutional Amendment #1, the term “Marshall Islands”  as that term is first used herein, was replaced  with the term “Republic  of the Marshall Islands”  that  Amendment also replaced  the term “Marshall Islands”  as it appears subsequent/v herein, with the term “Republic”]

Section 2.    The Supreme  Court.

(1)   The Supreme Court shall be a superior court of record, shall consist of a Chief Justice and such number of other judges as may from time to time be prescribed by Act, and shall have appellate jurisdiction, as to both law and fact, with final authority to adjudicate all cases and controversies properly brought before it, in accord with this Constitution and other applicable laws of the Republic of the Marshall Islands.

(2)   An appeal shall lie to the Supreme Court:

(a)   as of right from any final decision of the High Court in the exercise of its original jurisdiction;
(b)   as of right from any final decision of the High Court in the exercise of any appellate jurisdiction, but only if the High Court certifies that the case involves a substantial question of law as to the interpretation or effect of any provision of the Constitution;
(c)   at the discretion of the Supreme Court, subject to such conditions as to security for costs or otherwise as the Supreme Court thinks fit, from any final decision of any court (3) The High Court may, on its own motion or on application of any party to the proceedings, remove to the Supreme Court any question arising as to the interpretation or effect of the Constitution in any proceedings of the High Court, other than proceedings set down for trial before a bench of 3 judges.

(4)   In any case in which a question has been removed to the Supreme Court, it shall determine that question and either dispose of the case or remand it to the High Court for disposition consistent with the Supreme Court’s determination. [By way  of Constitutional  Amendment #1, the  term “Marshall Islands”  as that term is first used herein, was replaced  with the term “Republic  of the Marshall Islands”.]

Section 3.    The High Court.

(1)   The High Court shall be a superior court of record having general jurisdiction over controversies of law and fact in the Republic of the Marshall Islands; shall consist of a Chief Justice, and such number of other judges as may from time to time be prescribed by Act, shall have original jurisdiction over cases duly filed in the High Court; and shall have appellate jurisdiction over cases originally filed in subordinate courts; and, unless otherwise provided by law, shall have jurisdiction to review the legality of any final determination by a government agency at the behest of any party aggrieved by such determination.

(2)   At any time when the judges of the Supreme Court and of the High Court number 4 or more, any judge of the High Court may convene a bench of 3 judges to decide any case in the High Court’s jurisdiction, if the convening judge has determined that the case involves either a substantial question of law as to the interpretation or effect of a provision of this Constitution or any other matter of public importance; and, if an insufficient number of judges of the High Court is available, then without prejudice to the appellate jurisdiction of the Supreme Court in relation to that case, the remaining members of the bench shall be judges of the Supreme Court. [By way  of Constitutional Amendment #1, the term “Marshall Islands”  as that term is first used herein, was replaced  with the term “Republic  of the Marshall Islands”]

Section 4.    The Traditional Rights Court.

(1)   The Traditional Rights Court shall be a court of record; shall consist of panels of 3 or more judges selected so as to include a fair representation of all classes of land rights, including, where applicable, the Iroijiaplap, Iroijedrik, Alap and Dri Jerbal; and shall sit at such times and places and be chosen on such a geographical basis, as to ensure fair and knowledgeable exercise of the jurisdiction conferred by this Section.

(2)   The size, membership and procedures of the Traditional Rights Court shall be consistent with paragraph (1) of this Section, and shall be determined by the High Court unless and until the Nitijela makes provision for those matters by Act.

(3)   The jurisdiction of the Traditional Rights Court shall be limited to the determination of questions relating to titles or to land rights or to other legal interests depending wholly or partly on customary law and traditional practice in the Republic of the Marshall Islands.

(4)   The jurisdiction of the Traditional Rights Court may be invoked as of right upon application by a party to a pending judicial proceeding; but only if the court in which such proceeding is pending certifies that a substantial question has arisen within the jurisdiction of the Traditional Rights Court.

(5)   When a question has been certified to the Traditional Rights Court for its determination under paragraph (4), its resolution of the question shall be given substantial weight in the certifying court’s disposition of the legal controversy before it; but shall not be deemed binding unless the certifying court concludes that justice so requires. [By way of Constitutional Amendment #1, the term “Marshall Islands”  as that term is first used herein, was replaced  with the term “Republic” of the Marshall Islands.”]

Section 5.        The Judicial  Service Commission.

(1)   There shall be a Judicial Service Commission which shall consist of:

(a)   as Chairman, the Chief Justice of the High Court, or if his office is vacant, a person qualified by legal training, experience and temperament, appointed by the Cabinet to act during the period of the vacancy;
(b)   the Attorney-General or, if for any reason the Attorney-General is unable to act, the Chairman of the Public Service Commission;
(c)   a citizen of the Republic of the Marshall Islands, who is neither a member of the Nitijela nor an employee of the Public Service, appointed from time to time by the Cabinet.

(2)   No business shall be transacted by the Judicial Service Commission unless three present;
and all questions proposed for decision by the Commission shall be majority of the votes of those members,

(3)   The Judicial Service Commission shall:

(a)   make recommendations on judicial appointments on its own motion or at the request of the Cabinet;
(b)   recommend or evaluate criteria of qualification for judges on its own motion or at the request of the Speaker or the Cabinet;
(c)   appoint and remove judges of subordinate courts, and of the Traditional Rights Court if authorized to do so by Act;
(d)   exercise such other functions and powers as may be conferred by law.

(4)   In the exercise of its functions and powers, the Judicial Service Commission shall not receive any direction from the Cabinet or from any other authority or person, but shall act independently. [By way of Constitutional Amendment #1, the term “Marshall Islands”  as that term is first used herein, was replaced  with the term “Republic  of the Marshall Islands”]