Chapter VII: Parliament
Parliament shall consist of two Chambers, the Senate and the House of Representatives.
PART I: The Senate
The Senate shall consist of twenty-four members appointed by the King.
Article 95 is repealed by Law No. 1 of 1963.
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.
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.
Membership of the Senate shall be for eight years. Half the Senators shall be replaced every four years. Retiring Senators may be re-appointed.
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
The House of Representatives shall consist of members elected by secret polling in accordance with the provisions of the Electoral Law.
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.
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.
The term of office of the House of Representatives shall be four years unless it is dissolved earlier.
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.
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.
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
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.
No one may be both a Senator and Deputy at the same time. Other cases of incompatibility shall be determined by the Electoral Law.
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.”
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.
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.
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.
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.
During extraordinary sessions, Parliament shall not discuss, except with the consent of the Government, questions other than those for which it has been convened.
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.
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.
Voting on questions under discussion in each Chamber shall take place in the manner prescribed in its rules of procedure.
Neither Chamber may discuss a bill before it has been considered by the appropriate committee in conformity with its rules of procedure.
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.
A bill which has been rejected by either Chamber may not be reintroduced at the same session.
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.
Each Chamber shall have the right to investigate, in accordance with its rules of procedure, specific questions within its competence.
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.
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.
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.
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.
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.
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.
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.
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.
Each Chamber shall lay its own rules of procedure and it shall specify therein the manner in which it will excercise its functions.
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.
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.
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.
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.
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.
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.
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.
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.