CHAPTER FIVE

CHAPTER FIVE#

THE LEGISLATIVE CHAMBERS#

Section I - Provisions Applicable to both Chambers.

ARTICLE 76#

The Parliament shall be composed of a Chamber of Deputies and a Senate. No one can be simultaneously a member of both the Chamber of Deputies and the Senate. The two Chambers shall meet together at the beginning and at the end of each session; in the circumstances set fourth in Articles 90 and 91; upon the call of the Emperor; and upon such other occasions as may be determined by the Chambers. The President of the Senate shall preside at all joint meetings of the Chambers.

ARTICLE 77#

The regular sessions of Parliament shall convene on the twenty-third day of the month of Tekemt of each year in the capital of the Empire and shall continue to the first day of the month of Sene (8 June). Until a new Parliament shall be elected and convened in accordance with the present Constitution and the electoral law to be enacted, the two Chambers of Parliament, as heretofor constituted, shall continue to sit and shall, in accordance with the provisions and procedures established in Chapter V of the present Constitution, exercise the prerogatives and functions and fulfill the responsibilities provided for in respect of Parliament. The first election to the Chamber of Deputies shall be completed within two years from the entry in force of the present Constitution and in accordance with the provisions of the electoral law.

ARTICLE 78#

No meeting of either Chamber of Parliament shall be closed to the public except upon request by the Prime Minister or upon a decision by a majority vote of the Chamber of Deputies or the Senate, as the case may be, to that effect. No joint meeting of the Chambers shall be closed to the public except upon request by the Prime Minister or a decision by the majority of each of the Chambers to that effect. If after a question has been declared to be a secret, a member of either Chamber makes it known to the public either in a speech, or by the press, or by writings or in any other way, he shall be punished according to the Previsions of Penal Law.

ARTICLE 79#

Neither of the Chambers shall commence its deliberations on the first day of any session without the presence of two-thirds of its members nor continue its deliberations nor take any vote on any succeeding day of any session without the presence of a majority of its members. At joint meetings of the Chambers the presence of a majority of the members of each Chamber shall be required for deliberations and voting.

ARTICLE 80#

If the number of Deputies and of Senators prescribed in Article 79 is not present on the day designated for the convening of Parliament or if, thereafter, either of the Chambers or the Chambers in joint meeting cannot continue its deliberations of vote for lack of the required attendance, the members present shall take such measures as may be authorized in the rules of procedure of the respective Chambers to compel attendance of a sufficient number of the absent members and their respective Presidents.

ARTICLE 81#

Each deputy or senator before taking his seat in the Chamber to which he has been elected, or appointed, shall take before the Emperor, or if desired by Him before the President of the Legislative Chamber concerned, an oath of loyalty to the Emperor and to the laws of the Empire and will perform his duties conscientiously and without fear or favor.

ARTICLE 82#

Each Chamber shall determine its own rules of procedure and internal discipline.

ARTICLE 83#

Members of Parliament shall receive salaries determined by law. Any law increasing the salaries of Members of Parliament shall be effective only from the date of the election of the next Parliament.

ARTICLE 84#

No action or charge may be brought against any member of Parliament or against any Minister appearing by right or upon the invitation of either Chamber for words uttered or written statements submitted by him at any meeting of either Chamber, or any joint meeting of the Chambers, or any meeting of any Committee of either Chamber. Nevertheless, every member of each Chamber of Parliament shall be obliged to respect all rules of order, conduct and procedure adopted by such Chamber for the transaction of its business and shall be subject to disciplinary action on the part of such Chamber for violation of such rules. No action or charges may be brought against any person or any newspaper for publication, by or under the authority of Parliament or of either Chamber thereof, as the case may be, of any report, paper, votes, or proceedings of Parliament or either Chamber thereof, as the case may be.

ARTICLE 85#

No member of Parliament, during a session thereof, may be arrested, or detained, or summoned to answer a criminal charge unless the permission of the Chamber of which he is a member be obtained or he be arrested in flagrante delicto; a comparable immunity does not apply to civil cases.

ARTICLE 86#

Laws may be proposed to either, or both Chambers of Parliament: (A) by the Emperor, or (B) by ten or more members of either Chamber of Parliament, except that any proposal involving an increase in governmental expenditures or a new or increased tax shall first be presented to the Chamber of Deputies.

ARTICLE 87#

All matters in either Chamber or in joint meeting of the Chambers shall be determined by a vote of the majority of the members present, except as provided in Article 131. In event of an equal division of votes, the presiding offices shall have a casting vote.

ARTICLE 88#

Every proposal of legislation approved by one Chamber of Parliament shall be immediately forwarded through the President thereof to the other Chamber. If it is approved by the other without amendments within a period of two months, it shall be promptly communicated through the Prime Minister to the Emperor and either shall be promulgated as law, or shall be returned by the Emperor to the Chambers with His observations thereon, or with a new proposal of legislation as provided in Article 91. All laws duly approved by both Chambers of Parliament shall be forwarded to the Emperor through the Prime Minister by the Presidents of the Chamber of Deputies or the Senate. In the event that such law shall receive the approval or signature of the Emperor, it shall be published by the Minister of the Pen in the Negarit Gazeta, with recital of the affixing of the Signature and the Great Seal of the Emperor. All Imperial decrees and all ministerial decrees and orders shall be published in the Negarit Gazeta.

ARTICLE 89#

If a proposal of legislation approved by one Chamber is not finally acted upon by the other within the aforesaid period of two months, the Chambers shall meet together to discuss the said proposal. If the proposal is approved in such joint meeting, with or without amendments, within 30 days, it shall be communicated by the Emperor for action in accordance with Article 88.

ARTICLE 90#

If within the aforesaid period of two months a proposal of legislation by one Chamber is approved by the other with amendments, the said proposal shall be returned to the first Chamber for further consideration. If upon such further consideration, it is approved within 30 days, by the first Chamber, with said amendments, it shall be communicated to the Emperor for action in accordance with Article 88. If within 30 days the amendments are not accepted by the first Chamber, the Chambers shall thereupon meet together to discuss the proposal. If in such joint meeting the proposal is approved with or without amendments, within 30 days, it shall thereupon be communicated to the Emperor for action in accordance with Article 88.

ARTICLE 91#

If a proposal of legislation approved by one of the Chambers is rejected by the other within two months after its communication to the other, as provided in Article 88, or if a proposal of legislation is not approved, with or without amendments, after discussion in joint meeting, as provided in Article 89 and 90, full reports on the situation shall be promptly communicated to the Emperor by the Presidents of both Chambers of Parliament, through the Prime Minister, and the Emperor may, thereupon, cause to be transmitted to both Chambers of Parliament His observations in regard to such reports and such proposal of legislation, or cause to be transmitted to the Chambers a proposal of legislation on the same subject.

ARTICLE 92#

In cases of emergency that arise when the Chambers are not sitting, the Emperor may proclaim decrees consistent with the Constitution which shall have the force of law upon the publication in the Negarit Gazeta pending a decision on the same by Parliament. To that end, the text of each such decree shall be transmitted for consideration to both Chambers of Parliament at their first meeting following each such Proclamation. In the event that, conformably to the provisions of Article 88, 89 or 90, of the present Constitution, Parliament shall approve such decrees, they shall continue in force and shall become law upon publication in the Negarit Gazeta of said approval. In the event that Parliament shall disapprove any such decrees, each such decree shall cease to have force and effect upon the publication in the Negarit Gazeta of such disapproval.

Section II - The Chamber of Deputies

ARTICLE 93#

The entire territory of the Empire as defined in Article 1 of the Constitution shall be divided into electoral districts containing as nearly as possible two hundred thousand inhabitants. The location and limits of each electoral district shall be determined by law and each such district shall be as regular in shape as circumstances permit. In addition, each town with a population exceeding thirty thousand inhabitants shall be entitled to one Deputy and an additional deputy for each fifty thousand inhabitants in excess of thirty thousand.

ARTICLE 94#

Each electoral district shall be represented by two Deputies.

ARTICLE 95#

All Ethiopian subjects by birth of twenty-one years of age or more who are regularly domiciled or habitually present in any electoral district and who possess the qualifications required by the electoral law, shall have the right to vote in such electoral district for the candidates from such district as members of the Chamber of Deputies. The system of voting shall be secret and direct. Details of procedure shall be prescribed by law.

ARTICLE 96#

To be eligible as a Deputy, a person must be by birth an Ethiopian subject who:

(A) has reached the age of twenty-five years;

(B) is a bona fide resident and owner of property in his electoral district to the extend required by the electoral law;

(C) is not disqualified under any provision of the electoral law.

ARTICLE 97#

Deputies shall be elected for terms of four years and shall be eligible for re-election subject to their continued possession of the qualifications set forth in Article 96.

ARTICLE 98#

Vacancies that may occur in the membership of the Chamber of Deputies shall be filled as provided in the electoral law.

ARTICLE 99#

The President and two Vice Presidents of the Chamber of Deputies shall be elected each year from and by the members of the Chamber.

ARTICLE 100#

The Chamber of Deputies shall be sole judge of the qualifications and elections of its members.

Section III - The Senate

ARTICLE 101#

The Senate shall consist of the Senators appointed by the Emperor for six years.

ARTICLE 102#

The Senate shall be composed of a number of persons, not exceeding one-half of the total number of Deputies, to be chosen by the Emperor from among those who have, by their acts, secured the confidence and esteem of the people, and from among those who have served their country and government with distinction.

ARTICLE 103#

To be eligible for appointment as a member of the Senate a person must be by birth an Ethiopian subject who:

(A) has reached the age of thirty-five years;

(B) is a Prince or other Dignitary, or a former high Government official, or other person generally esteemed for his character, judgment and public service; and

(C) is not disqualified under any provisions of the electoral law.

ARTICLE 104#

The Senators first appointed by the Emperor as provided in Article 101 shall, immediately after their first meeting, be divided into three equal groups. The Senators of the first group shall be succeeded at the end of the second year by Senators appointed in accordance with the provisions of Article 101, those of the second group at the end of the fourth year, and those of the third group at the end of the sixth year, so that one-third be succeeded every second year.

ARTICLE 105#

Senators shall be eligible fro re-appointment subject to their continued possession of the qualifications set forth in Article 103.

ARTICLE 106#

Vacancies in the membership of the Senate shall be filled by appointments in the manner provided in Article 101.

ARTICLE 107#

The President and the two Vice Presidents of the Senate shall be appointed each year by the Emperor from among the Senators.