Brunei Darussalam 1959 Constitution (reviewed 2006)

SECOND SCHEDULE. PROVISIONS RELATING TO LEGISLATIVE COUNCIL (Article 24(1))

1. Composition and Membership of the Legislative Council

The Legislative Council shall consist of not more than 45 Members as follows—

1. up to 30 persons who shall be appointed by His Majesty the Sultan and Yang Di-Pertuan from the following categories—
   1. ex-officio Members who comprise the Prime Minister and all the Ministers appointed under Article 4(3) of this Constitution;
   2. titled persons;
   3. persons who, in His Majesty the Sultan and Yang Di-Pertuan’s opinion, have rendered distinguished public service or who are not within sub-paragraph (a)(iv) but who, in his opinion, will be capable of contributing to the deliberations of the Legislative Council;
   4. persons who, in His Majesty the Sultan and Yang Di-Pertuan’s opinion, have achieved distinction in the field of religion, management, any profession, business, trade, agriculture, cultural arts or community activities, or who are representatives of particular communities; and
2. up to 15 representatives, the exact number of which shall be determined by His Majesty the Sultan and Yang Di-Pertuan, from Brunei and Muara District, Belait District, Tutong District and Temburong District who shall be elected in accordance with the laws relating to elections in force in Brunei Darussalam.

2. Instrument of appointment

The Members of the Legislative Council who are appointed in accordance with sub-paragraph (a) of paragraph 1 shall be appointed by His Majesty the Sultan and Yang Di-Pertuan by Instrument under the State Seal.

3. Duration and terms of appointment

Every Member of the Legislative Council shall hold his seat in that Council during His Majesty the Sultan and Yang Di-Pertuan’s pleasure and, subject thereto, shall hold office in accordance with such terms as may be specified in the Instrument of appointment which may include a provision specifying the constituency or electoral area for which he may be made responsible.

4. District Representatives

1. For the purpose of sub-paragraph (b) of paragraph 1, the Districts shall be represented in the Legislative Council by Members (in this Schedule referred to as “District Representatives”) as follows—
   1. Brunei and Muara District, up to 7 members;
   2. Belait District, up to 3 members;
   3. Tutong District, up to 3 members;
   4. Temburong District, up to 2 members.
2. Until laws relating to elections are in force in Brunei Darussalam to elect District Representatives, paragraphs 5 and 6 shall have effect for the purpose of appointing such members and such appointments shall be valid for the purposes of paragraphs 1 and 4.

5. Nomination and appointment of District Representatives

1. His Majesty the Sultan and Yang Di-Pertuan may, whenever His Majesty the Sultan and Yang Di-Pertuan deems fit, inform the Penghulus, Ketua Kampong and Ketua Rumah Panjang of the exact number of District Representatives which His Majesty the Sultan and Yang Di-Pertuan intends to appoint.
2. The Penghulus, Ketua Kampong and Ketua Rumah Panjang shall select from amongst themselves candidates for appointment by His Majesty the Sultan and Yang Di-Pertuan as District Representatives.
3. His Majesty the Sultan and Yang Di-Pertuan shall appoint a Selection Committee comprising a Chairman and 2 other members, who shall hold their positions during His Majesty the Sultan and Yang Di-Pertuan’s pleasure.
4. The Selection Committee shall have the power to recommend, from the candidates put forward in sub-paragraph (2), persons for appointment by His Majesty the Sultan and Yang Di-Pertuan as District Representatives and, in making such recommendation, the Selection Committee shall take into consideration the suitability of such persons as District Representatives.
5. Should His Majesty the Sultan and Yang Di-Pertuan reject any candidates recommended by the Selection Committee, the relevant Penghulus, Ketua Kampong and Ketua Rumah Panjang shall propose alternative candidates for consideration and the process set out in sub-paragraphs (4) and (5) shall continue until all seats determined by His Majesty the Sultan and Yang Di-Pertuan in respect of sub-paragraph (b) of paragraph 1 have been filled.

6. Vacancy

1. Whenever a vacancy arises amongst District Representatives, the Speaker shall, with the prior written consent of His Majesty the Sultan and Yang Di-Pertuan, give notice to the District Officer concerned that the selection of the candidate be carried out.
2. The relevant Penghulus, Ketua Kampong and Ketua Rumah Panjang shall be called by the District Officer to nominate a candidate or candidates to fill such vacancy, and the process set out in sub-paragraphs (4) and (5) of paragraph 5 shall apply.

7. Regulations

His Majesty the Sultan and Yang Di-Pertuan may make regulations for the purposes of carrying out any provision of this Schedule.

8. Validity

1. His Majesty the Sultan and Yang Di-Pertuan shall have the absolute discretion to proclaim that the Legislative Council is or has been properly and validly constituted, notwithstanding that no Members have been appointed under any one or more of sub-paragraphs (a)(i) to (iv) or under sub-paragraph (b) of paragraph 1.
2. Subject to the maximum number of members allowed under paragraph 1, His Majesty the Sultan and Yang Di-Pertuan shall have the power to appoint additional members to the Legislative Council after making the Proclamation in sub-paragraph (1).