Chapter VII: Parliament

ARTICLE 93

Parliament shall consist of two Chambers, the Senate and the House of Representatives.

PART I: The Senate

ARTICLE 94

The Senate shall consist of twenty-four members appointed by the King.

ARTICLE 95

Article 95 is repealed by Law No. 1 of 1963.

ARTICLE 96

In addition to the qualifications provided for in the Electoral Law, the Senator must be a Libyan and, upon his appointment, his age must not be less than forty Gregorian years.

ARTICLE 97

The President of the Senate shall be appointed by the King. The Senate shall elect two Vice-Presidents. The result of the election shall be submitted to the King for approval. The appointment of the President and the election of the Vice-Presidentsshall be for a period of two years and the President may be re-appointed and the two Vice-Presidents may be elected.

ARTICLE 98

Membership of the Senate shall be for eight years. Half the Senators shall be replaced every four years. Retiring Senators may be re-appointed.

ARTICLE 99

The Senate shall meet at the same time as the House of Representatives; its sessions shall close at the same time as the House of Representatives.

PART II: The House of Representatives

ARTICLE 100

The House of Representatives shall consist of members elected by secret polling in accordance with the provisions of the Electoral Law.

ARTICLE 101

The number of Deputies shall be determined on the basis of one Deputy for every twenty thousand of population or fraction of that number exceeding half.

ARTICLE 102

Libyans who have completed their twenty-first year (Gregorian) shall be entitled to vote in the manner prescribed in the law. Women may excercise this right in accordance with the conditions provided for in the law.

ARTICLE 103A Deputy must:

Have completed his thirtieth year (Gregorian);
Be inscribed on one of the electoral rolls; and
Not be a member of the Royal Family. In addition to the condition prescribed by the Electoral Law.

ARTICLE 104

The term of office of the House of Representatives shall be four years unless it is dissolved earlier.

ARTICLE 105

At the opening of every session, the House of Representatives shall elect a Speaker and two Vice-Presidents, who shall be eligible for re-election.

ARTICLE 106

If the House of Representatives is dissolved on account of any matter, the succeeding House of Representatives may not be dissolved on account of the same matter.

ARTICLE 107

The order whereby the House of Representatives is dissolved shall call upon the electors to carry out new elections within a period not exceeding three months. It must also provide for the new Chamber to be convened within twenty days of the completion of the elections.

PART III: Provisions Common to the Two Chambers

ARTICLE 108

Each Member of Parliament represents the whole people; his electors or the authority that appoints him may not make his mandate subject to any conditions or restrictions.

ARTICLE 109

No one may be both a Senator and Deputy at the same time. Other cases of incompatibility shall be determined by the Electoral Law.

ARTICLE 110

Before assuming his duties, each Senator and each Deputy shall take publicly in the place of meeting of his Chamber the following oath:- “I swear by Almighty God to be loyal to the country and to the King, to observe the Constitution and the laws ofthe Country and to carry out my duties honestly and truthfully.”

ARTICLE 111

Each Chamber decides upon the validity of the election of its members in accordance with its rules of procedure provided that, in order to decide that the election of a member is invalid, a majority of two-thirds of the members of the Chamber shall be required. This power may be delegated to another authority by virtue of a law.

ARTICLE 112

The King shall call Parliament annually to hold its regular meeting in the first week of November. Failing such convocation, Parliament shall meet on the tenth day of the same month. Unless the Chamber of Deputies is dissolved, the regular session shall last for at least five months, and the King shall pronounce the closure of the session.

ARTICLE 113

The period of sessions shall be common to both Chambers,. If both Chambers meet, or either of them meets, at a time other than the legal time, the meeting shall be unlawful and any resolutions taken shall be void.

ARTICLE 114

The meeting of the two Chambers shall be public but each Chamber shall, at the request of the Government or of ten of its members, go into secret session in order to decide whether the discussion on the question before it is to be held in public or in secret.

ARTICLE 115

During extraordinary sessions, Parliament shall not discuss, except with the consent of the Government, questions other than those for which it has been convened.

ARTICLE 116

The meetings of either of the two Chambers shall not be valid unless the majority of the members are present at the opening of the meeting. Neither of the two Chambers may take a decision unless the majority of its members are present at thetime of the decision.

ARTICLE 117

Except in cases where a special majority is required, decisions in each of the Chambers shall be adopted by a majority of the members present. If the vote is equally divided, the proposal in question shall be considered to have been rejected.

ARTICLE 118

Voting on questions under discussion in each Chamber shall take place in the manner prescribed in its rules of procedure.

ARTICLE 119

Neither Chamber may discuss a bill before it has been considered by the appropriate committee in conformity with its rules of procedure.

ARTICLE 120

Every bill adopted by one of the two Chambers shall be transmitted by the President of that Chamber to the President of the other Chamber.

ARTICLE 121

A bill which has been rejected by either Chamber may not be reintroduced at the same session.

ARTICLE 122

Every member of Parliament has the right, in conditions which shall be determined in the rules of procedure of each Chamber, to address questions and interpellations to Ministers. Discussions on an interpellation shall not take place until at least eight days after it has been presented, except in cases of urgency and with the consent of the person to whom the interpellation is addressed.

ARTICLE 123

Each Chamber shall have the right to investigate, in accordance with its rules of procedure, specific questions within its competence.

ARTICLE 124

Members of Parliament shall have immunity with regard to opinions they have expressed in either Chamber or in the committees thereof, subject to the provisions of the respective rules of procedure.

ARTICLE 125

Except in cases of flagrance delicto, no criminal procedure may be taken or continued against any member of either Chamber, nor may he be arrested for criminal offences, while Parliament is in session, without the authorization of the Chamber of which he is a member.

ARTICLE 126

Members of Parliament other than those who excercise governmental offices compatible with parliamentary membership may not be granted any decorations or medals, with the exception of military ranks, decorations and medals, during their term of office.

ARTICLE 127

The conditions under which a member of Parliament forfeits his membership shall be determined by the Electoral Law, and the decision of such forfeiture shall be taken by a majority of all the members of the Chamber to which such member belongs.

ARTICLE 128

If a seat becomes vacant in either of the Chambers, it shall be filled within three months by election or appointment in conformity with the provisions of this Constitution. The period of three months shall commence on the date on which theChamber informs the Government of the vacancy. The term of office of a new Senator shall be limited to the term of office of his predecessor. The terms of office of a new member of House of Representatives shall expire upon the termination of the period of office of the Chamber.

ARTICLE 129

Elections for a new House of Representatives shall take place within the three months preceding the expiration of the period of office of the old House of Representatives. If it is not possible to carry out elections within the said period the term of office of the old House of Representatives shall extend until elections are held, notwithstanding the provisions of Article 104.

ARTICLE 130

The replacement of half the members of the Senate shall take place within the three months preceding the expiration of the terms of membership of the retiring Senators. If it is impossible to effect the replacement within that period, the term of membership of the Senators whose period of office has expired shall be prolonged until the appointment of the new Senators.

ARTICLE 131

The remuneration of Members of Parliament shall be fixed by law, provided that no increase in such remuneration shall take effect until after the expiration of the term of office of the House of Representatives which decided it.

ARTICLE 132

Each Chamber shall lay its own rules of procedure and it shall specify therein the manner in which it will excercise its functions.

ARTICLE 133

The President of each Chamber shall be responsible for maintaining order in his Chamber. No armed force may enter either Chamber or be stationed near its doors except by request of the President.

ARTICLE 134

No one may present a request to Parliament except in writing. Each Chamber may transmit the petitions addressed to it to the Ministers. The inisters shall be bound to give the Chamber necessary explanations regarding such petitions whenever theChamber so requires.

ARTICLE 135

The King shall sanction the laws passed by the Parliament and shall promulgate them within thirty days of the date of their communications to him.

ARTICLE 136

Within the period prescribed for the promulgation of a law, the King may refer the law back to Parliament for re-consideration, in which case Parliament must re-consider the law. If the law is passed again by a two-thirds majority of the members composing each of the two Chambers, the King shall sanction and promulgate it within the thirty days following the communication to him of the last decision. If the majority is less than two thirds the bill shall not be re-considered during that session. If Parliament in another session passes such bill again by a majority of all the members composing each of the two Chambers the King shall sanction and promulgate it within the thirty days following the communication of the decision to him.

ARTICLE 137

Laws which are promulgated by the King shall become effective in the Kingdom of Libya after thirty days from the date of their publication in the Official Gazette. This period may be increased. The laws must be published in the Official Gazette within fifteen days of their promulgation.

ARTICLE 138

The right to initiate laws shall be vested in the King, the Senate and the House of Representatives, except when they concern the budget or the imposing of new taxes or the modification of taxes or exemption or part exemption from taxes or their abolition, then the right to initiate such laws shall be vested in the King and the House of Representatives.

ARTICLE 139

The President of the Senate shall preside whenever the two Chambers meet together in Congress. In his absence, the Speaker of the House of Representatives shall preside.

ARTICLE 140

The meetings of Congress shall be valid only when the absolute majority of the members of each of the Chambers composing the Congress are present.