# Constitution of the Independent State of Papua New Guinea

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Constitution of the Independent State of Papua New Guinea (Consolidated to Amendment No 22)
INDEPENDENT STATE OF PAPUA NEW GUINEA.

## PNG Constitution - Table of Sections
### PREAMBLE.

* 1. Integral human development.
* 2. Equality and participation.
* 3. National sovereignty and self-reliance.
* 4. Natural resources and environment.
* 5. Papua New Guinean ways.
* Basic Rights.
* Basic Social Obligations.

### Part I.—INTRODUCTORY.

Division 1.—The Nation.
* 1. The Independent State of Papua New Guinea.
* 2. The area of Papua New Guinea.
* 3. National symbols.
* 4. National Capital District.
* 5. Provinces.
* 6. Declaration of Loyalty.
* 7. Oath of Allegiance.
Division 2.—Interpretation.
* 8. Principles of interpretation.

### Part II.—THE NATIONAL LEGAL SYSTEM.

Division 1.—The Laws of Papua New Guinea.
* 9. The laws.
* 10. Construction of written laws.
Division 2.—Constitutional Laws. Subdivision A.—Supreme Law.
* 11. Constitution, etc., as Supreme Law.
* 12. Organic Laws.
Subdivision B.—Constitutional Alteration and Organic Laws.
* 13. Alterations of the Constitution.
* 14. Making of alterations to the Constitution and Organic Laws.
* 15. Urgent alterations.
* 16. Indirect alterations.
* 17. "Prescribed majority of votes".
Subdivision C.—Constitutional Interpretation.
* 18. Original interpretative jurisdiction of the Supreme Court.
* 19. Special references to the Supreme Court.
Division 3.—Adoption, Reception and Development of Certain Laws.
* 20. Underlying law and pre-Independence statutes.
* 21. Purpose of Schedule 2.
Division 4.—General.
* 22. Enforcement of the Constitution.
* 23. Sanctions.
* 24. Use of certain materials as aids to interpretation.

### Part III.—BASIC PRINCIPLES OF GOVERNMENT.

Division 1.—National Goals and Directive Principles.
* 25. Implementation of the National Goals and Directive Principles.
Division 2.—Leadership Code.
* 26. Application of Division 2.
* 27. Responsibilities of office.
* 28. Further provisions.
* 29. Prosecution of misconduct in office.
* 30. Other authority.
* 31. Disqualifications on dismissal.
Division 3.—Basic Rights. Subdivision A.—Introductory.
* 32. Right to freedom.
* 33. Other rights and freedoms, etc.
* 34. Application of Division 3.
Subdivision B.—Fundamental Rights.
* 35. Right to life.
* 36. Freedom from inhuman treatment.
* 37. Protection of the law.
Subdivision C.—Qualified Rights. General.
* 38. General qualifications on qualified rights.
* 39. "Reasonably justifiable in a democratic society", etc.
* 40. Validity of emergency laws.
* 41. Proscribed acts.
Rights of All Persons.
* 42. Liberty of the person.
* 43. Freedom from forced labour.
* 44. Freedom from arbitrary search and entry.
* 45. Freedom of conscience, thought and religion.
* 46. Freedom of expression.
* 47. Freedom of assembly and association.
* 48. Freedom of employment.
* 49. Right to privacy.
Special Rights of Citizens.
* 50. Right to vote and stand for public office.
* 51. Right to freedom of information.
* 52. Right to freedom of movement.
* 53. Protection from unjust deprivation of property.
* 54. Special provision in relation to certain lands.
* 55. Equality of citizens.
* 56. Other rights and privileges of citizens.
Subdivision D.—Enforcement.
* 57. Enforcement of guaranteed rights and freedoms.
* 58. Compensation.
Division 4.—Principles of Natural Justice.
* 59. Principles of natural justice.
* 60. Development of principles.
* 61. Basic rights and freedoms.
* 62. Decisions in "deliberate judgement".
Division 5.—Basic Social Obligations.
* 63. Enforcement of the Basic Social Obligations.

### Part IV.—CITIZENSHIP.

Division 1.—Introductory.
* 64. Dual citizenship.
Division 2.—Acquisition of Citizenship.
* 65. Automatic citizenship on Independence Day.
* 66. Citizenship by descent.
* 67. Citizenship by naturalization.
* 68. Special provisions relating to naturalization.
* 69. Application for naturalization.
Division 3.—Loss and Regaining of Citizenship.
* 70. Automatic loss of citizenship.
* 71. Acts done under compulsion of law.
* 72. Renunciation of citizenship.
* 73. Regaining citizenship.
* 74. Loss and regaining of citizenship by certain children.
Division 4.—Citizenship Advisory Committee.
* 75. The Committee.
* 76. Functions of the Committee.
Division 5.—General.
* 77. Special provisions for certain persons.
* 78. Effect of adoption.
* 79. Place of birth of certain persons.
* 80. "Residence".
* 81. Certificate as to citizenship.

### Part V.—THE HEAD OF STATE.

Division 1.—The Head of State.
* 82. Queen and Head of State.
* 83. Queen's successors.
* 84. Precedence.
* 85. Royal Style and Titles.
Division 2.—Functions, etc., of the Head of State.
* 86. Functions, etc.
Division 3.—Appointment, etc., of Governor-General.
* 87. Qualifications for appointment.
* 88. Appointment to office.
* 89. Assumption of office.
* 90. Declaration of Loyalty, etc.
* 91. Normal term of office.
* 92. Resignation.
* 93. Dismissal and removal from office.
* 94. Suspension from office.
* 95. Acting Governor-General.
* 96. Terms and conditions of employment.
Division 4.—General.
* 97. Conveyance of decisions, etc.
* 98. Acts, etc., of the Head of State.

### Part VI.—THE NATIONAL GOVERNMENT.

Division 1.—General Principles.
* 99. Structure of Government.
Division 2.—The National Parliament. Subdivision A.—The Legislative Power.
* 100. Exercise of the legislative power.
Subdivision B.—Composition of the National Parliament.
* 101. Membership.
* 102. Nominated members.
* 103. Qualifications for and disqualifications from membership.
* 104. Normal term of office.
* 105. General elections.
* 106. By-elections.
Subdivision C.—The Speaker and the Deputy Speaker.
* 107. Offices of Speaker and Deputy Speaker.
* 108. Functions of the Speaker and Deputy Speaker.
Subdivision D.—Powers, Privileges and Procedures.
* 109. General power of law-making.
* 110. Certification as to making of laws.
* 111. Right to introduce bills, etc.
* 112. Presiding in the Parliament.
* 113. Quorum.
* 114. Voting in the Parliament.
* 115. Parliamentary privileges, etc.
* 116. Disallowance of subordinate laws.
* 117. Treaties, etc.
Subdivision E.—The Committee System.
* 118. Permanent Parliamentary Committees.
* 119. Chairmen and Deputy Chairmen.
* 120. Roles of Chairmen and Deputy Chairmen of Permanent Parliamentary Committees.
* 121. Sessional Committees, Select Committees, etc.
* 122. Arrangement of Parliamentary business in relation to Committees.
* 123. Membership of Parliamentary Committees.
Subdivision F.—Calling, etc., of the Parliament.
* 124. Calling, etc.
Subdivision G.—Electorates and Elections.
* 125. Electorates.
* 126. Elections.
Subdivision H.—Protection of Elections from Outside or Hidden Influence, and Strengthening of Political Parties.
* 127. Purposes of Subdivision H.
* 128. "Registered political party".
* 129. Integrity of political parties.
* 130. Integrity of candidates.
* 130A. Provisions relating to political parties.
Subdivision I.—General.
* 131. The Parliamentary Salaries Tribunal [repealed].
* 132. The Parliamentary Service.
* 133. Standing Orders.
* 134. Proceedings non-justiciable.
* 135. Questions as to membership, etc.
* 136. Validation of Acts of the Parliament.
Division 3.—Special Instances of the Legislative Power.
* 137. Acts of Indemnity.
Division 4.—The National Executive. Subdivision A.—The National Executive and the Executive Power.
* 138. Vesting of the executive power.
* 139. The National Executive.
* 140. Conferring of powers, etc., outside the National Executive.
Subdivision B.—The Ministry.
* 141. Nature of the Ministry: collective responsibility.
* 142. The Prime Minister.
* 143. Acting Prime Minister.
* 144. Other Ministers.
* 145. Motions of no confidence.
* 146. Resignation.
* 147. Normal term of office.
* 148. Functions, etc., of Ministers.
Subdivision C.—The National Executive Council.
* 149. The National Executive Council.
* 150. The Secretary to the National Executive Council.
Subdivision D.—The Power of Mercy.
* 151. Grant of pardon, etc.
* 152. Advisory Committee on the Power of Mercy.
Subdivision E.—General.
* 153. Validity of executive acts.
Division 5.—The Administration of Justice. Subdivision A.—General Structure and Principles of the National Justice Administration.
* 154. The National Justice Administration.
* 155. The National Judicial System.
* 156. The Law Officers.
* 157. Independence of the National Judicial System.
Subdivision B.—The Judicial Power.
* 158. Exercise of the judicial power.
* 159. Tribunals, etc., outside the National Judicial System.
Subdivision C.—The Supreme Court of Justice.
* 160. Establishment of the Supreme Court.
* 161. Composition of the Supreme Court.
* 162. Jurisdiction of the Supreme Court.
Subdivision D.—The National Court of Justice.
* 163. Establishment of the National Court.
* 164. Composition of the National Court.
* 165. Acting Judges.
* 166. Jurisdiction of the National Court.
* 167. Assistant Judges.
Subdivision E.—Appointment, etc., of Judges.
* 168. Qualifications.
* 169. Appointment, etc., of the Chief Justice.
* 170. Appointment of other Judges.
* 171. Seniority of Judges.
Subdivision F.—Inferior Courts, the Magisterial Service, etc.
* 172. Establishment of other courts.
* 173. Establishment of the Magisterial Service.
* 174. Magistrates, etc., outside the Magisterial Service.
* 175. The Chief Magistrate.
Subdivision G.—The Public Prosecutor and the Public Solicitor.
* 176. Establishment of offices.
* 177. Functions of the Public Prosecutor and the Public Solicitor.
Subdivision H.—Removal from Office of Senior Judicial and Legal Office-holders.
* 178. Grounds of removal.
* 179. Removal from office of Chief Justice.
* 180. Removal from office of other Judges, etc.
* 181. Constitution, etc., of tribunals.
* 182. Suspension.
Subdivision I.—The Judicial and Legal Services Commission.
* 183. Establishment of the Commission.
Subdivision J.—Miscellaneous.
* 184. Rules of court.
* 185. Lack of procedural provision.
* 186. Juries and assessors.
* 187. Reports by Judges.

### Part VIA.—PROVINCIAL GOVERNMENTS AND LOCAL-LEVEL GOVERNMENTS.

* 187A. Provincial Governments and Local-level Governments system.
* 187B. Grant of Provincial Government and Local-level Government.
* 187C. Constitution, functions, etc., of Provincial Governments and Local-level Governments.
* 187D. Inconsistency and justiciability of provincial laws and local-level laws.
* 187E. Suspension of Provincial Governments and Local-level Governments.
* 187F. Re-establishment of Provincial Governments and Local-level Governments.
* 187G. Gradations of Provincial Governments and Local-level Governments.
* 187H. National Economic and Fiscal Commission.
* 187I. Local and village governments.
* 187J. Reports on Provincial Governments and Local-level Governments.

### Part VII.—THE STATE SERVICES.

Division 1.—Introductory.
* 188. Establishment of the State Services.
* 189. Civilian control.
Division 2.—The Public Services Commission.
* 190. Establishment of the Commission.
* 191. Functions of the Commission.
* 192. Independence of the Commission.
* 193. Appointments to certain offices.
* 194. "Personnel matters".
Division 3.—The State Services Generally.
* 195. Organization, etc., of the State Services.
Division 4.—Special Provisions in Relation to the Police Force.
* 196. Control of the Police Force.
* 197. Functions of the Police Force.
* 198. Commissioner of Police.
* 199. Other forces.
Division 5.—Special Provisions in Relation to the Defence Force.
* 200. Raising unauthorized forces.
* 201. Control of the Defence Force.
* 202. Functions of the Defence Force.
* 203. Application of general law.
* 204. Call-out in aid to the civil power.
* 205. Active service.
* 206. Visiting forces.
Division 6.—Special Provisions relating to Disciplined Forces.
* 207. Definition of "disciplined force".
* 208. Protection of members of disciplined forces.

### Part VIII.—SUPERVISION AND CONTROL.

Division 1.—Public Finances. Subdivision A.—The Parliament and Finance.
* 209. Parliamentary responsibility.
* 210. Executive initiative.
* 211. Accounting, etc., for public moneys.
* 212. Revenue and expenditure without prior approval.
Subdivision B.—The Auditor-General.
* 213. Establishment of the office of Auditor-General.
* 214. Functions of the Auditor-General.
Subdivision C.—The Public Accounts Committee.
* 215. Establishment of the Committee.
* 216. Functions of the Committee.
Division 1A.—Salaries and Remuneration Commission.
* 216A. The Salaries and Remuneration Commission.
Division 2.—The Ombudsman Commission.
* 217. The Ombudsman Commission.
* 218. Purposes of the Commission.
* 219. Functions of the Commission.
* 220. Reports by the Commission.

### Part IX.—CONSTITUTIONAL OFFICE-HOLDERS AND CONSTITUTIONAL INSTITUTIONS.

* 221. Definitions.
* 222. Other provisions relating to constitutional office-holders and constitutional institutions.
* 223. General provision for constitutional office-holders.
* 224. Special provision for constitutional institutions.
* 225. Provision of facilities, etc.

### Part X.—EMERGENCY POWERS.

Division 1.—Introductory.
* 226. Definitions.
Division 2.—Periods of Declared National Emergency.
* 227. Declaration of war.
* 228. Declaration of national emergency.
* 229. Termination of periods of declared national emergency.
Division 3.—Emergency Measures.
* 230. Emergency Acts.
* 231. Emergency Regulations.
* 232. Emergency orders.
* 233. Content, operations, etc., of emergency laws.
* 234. Release from custody on expiry, etc., of Emergency Regulations.
* 235. Custody of members of Parliament under Emergency Regulations or in internment.
* 236. Revocation, etc., of emergency laws, etc.
* 237. Automatic termination of emergency laws, etc.
* 238. Extension of Emergency Acts.
Division 4.—Parliamentary Supervision and Control.
* 239. Parliamentary control.
* 240. Emergency Committees.
* 241. Temporary Emergency Committees.
* 242. Functions, etc., of Emergency Committees.
* 243. Priority of emergency business in Parliament.
Division 5.—Internment.
* 244. Laws providing for internment.
* 245. Internment.
Division 6.—Miscellaneous.
* 246. Extension of tenure of Parliament and Governor-General.

### Part XI.—MISCELLANEOUS.

* 247. Legal capacity of the Independent State of Papua New Guinea.
* 248. Vesting of rights and liabilities of former Government.
* 249. Declarations by certain office-holders.
* 250. Making of Declaration of Loyalty, etc.
* 251. Taking certain oaths, etc., by non-citizens.
* 252. The National Gazette.
* 253. Slavery, etc.
* 254. Filling of offices, etc.
* 255. Consultation.
* 256. Reports by public office-holders, etc.
* 257. Proof of acts of the Constituent Assembly.
* 258. Constitutional Regulations.
* 259. Independent tribunals.

### Part XII.—CONSTITUTIONAL REVIEW.

* 260. General Constitutional Commission.
* 261. Interim Constitutional Commission.
* 262. Subordinate commissions and committees.
* 263. Further definition, etc.

### Part XIII.—IMMEDIATE AND TRANSITIONAL PROVISIONS.

* 264. Effect of Part XIII.
* 265. Dissolution of the Constituent Assembly.
* 266. Provisional laws.
* 267. Transitional laws.
* 268. First Governor-General.
* 269. First Parliament, electorates, etc.
* 270. First Ministry.
* 271. First Judges.
* 272. Oaths, affirmation, etc.
* 273. Treaties applying before Independence.
* 274. Composition of certain constitutional institutions.
* 275. Chairmanship of tribunal to review internments.

### Schedule 1.—RULES FOR SHORTENING AND INTERPRETATION OF THE CONSTITUTIONAL LAWS.

PART 1.—INTRODUCTORY.
* Sch.1.1. Application of Schedule 1.
PART 2.—GENERAL.
* Sch.1.2. Meaning of certain expressions.
* Sch.1.3. Form of the Constitutional Laws.
* Sch.1.4. Constitutional Laws speak from time to time.
* Sch.1.5. Fair meaning to be given to language used.
* Sch.1.6. Statements of general principle.
* Sch.1.7. "Non-justiciable".
* Sch.1.8. Gender and number.
* Sch.1.9. Provision where no time prescribed.
* Sch.1.10. Exercise and performance of powers and duties.
* Sch.1.11. Determination of appropriate authority.
* Sch.1.12. Power of majority of more than two persons, and quorums.
* Sch.1.13. Attainment of age.
* Sch.1.14. References to series.
* Sch.1.15. Residence.
* Sch.1.16. Effect of time limits.
* Sch.1.17. Repeal, etc.
* Sch.1.18. Disallowance, etc.
* Sch.1.19. Independence.
* Sch.1.20. Regulation of acts, etc.
PART 3.—SPECIAL PROVISIONS RELATING TO THE OFFICE OF HEAD OF STATE.
* Sch.1.21. "the Head of State"; "the Governor-General".

### Schedule 2.—ADOPTION, ETC., OF CERTAIN LAWS.

* via [Sec.18.]
PART 1.—CUSTOM.
* Sch.2.1. Recognition, etc., of custom.
PART 2.—RECEPTION OF A COMMON LAW, ETC.
* Sch.2.2. Adoption of a common law.
PART 3.—DEVELOPMENT OF AN UNDERLYING LAW FOR PAPUA NEW GUINEA.
* Sch.2.3. Development, etc., of the underlying law.
* Sch.2.4. Judicial development of the underlying law.
* Sch.2.5. Reports on the development of the underlying law.
PART 4.—ADOPTION OF CERTAIN STATUTES.
* Sch.2.6. Adoption of pre-Independence laws.
* Sch.2.7. Adaptation of adopted law.
PART 5.—JUDICIAL PRECEDENT.
* Sch.2.8. Effect of Part 5.
* Sch.2.9. Subordination of courts.
* Sch.2.10. Conflict of precedents.
* Sch.2.11. Prospective over-ruling.
* Sch.2.12. Outside decisions.
PART 6.—THE LAW REFORM COMMISSION.
* Sch.2.13. Establishment of the Commission.
* Sch.2.14. Special functions of the Commission.

### Schedule 3.—DECLARATION OF OFFICE.

* via [Sec.Sch.1.2(1).]

### Schedule 4.—JUDICIAL DECLARATION.

* via [Sec.Sch.1.2(1).]

### Schedule 5.—ADOPTED LAWS OF OTHER COUNTRIES.

* via [Sec.Sch.2.6.]
* PART 1.—AUSTRALIA.
* PART 2.—ENGLAND.

### Appendix.

CONSTITUTIONAL AMENDMENTS.

## References

* full PNG constitutional text; from Pacific Law Library.
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