PART II - LEGISLATION AND PROCEDURE IN NATIONAL ASSEMBLY
45.

46.

Power to make laws
(1)

Subject to this Constitution, Parliament may make laws for the peace, order and
good government of Mauritius.

(2)

Without prejudice to subsection (1), Parliament may by law determine the
privileges, immunities and powers of the Assembly and its members.

Mode of exercise of legislative power
(1)

The power of Parliament to make laws shall be exercisable by Bills passed by the
Assembly and assented to by the President.

(2) (a)

Subject to paragraphs (b) and (c), where a Bill is submitted to the President
for assent in accordance with this Constitution he shall signify that he
assents or that he withholds assent.

(b) The President shall not withhold assent under paragraph (a) –
(i)

in the case of a Bill which makes provision for any of the purposes
specified in section 54;

(ii)

in the case of a Bill which amends any provision of the Constitution
and which is certified by the speaker as having complied with the
requirements of section 47;

(iii)

in the case of any other Bill, unless he is of opinion, acting in his own
deliberate judgment, that the Bill including any proposed amendment
thereto, should be reconsidered by the Assembly.

(c)

Where the President withholds assent under paragraph (b) (iii), he shall,
within 21 days of the submission of the Bill for assent, return the Bill to the
Assembly with a request that it should reconsider the Bill, including any
proposed amendment thereto.

(d)

Where a Bill is returned to the Assembly under paragraph (c), the Assembly
shall reconsider the Bill accordingly, and where it is passed again by the
Assembly with or without amendment and submitted anew to the President
for assent, the President shall signify his assent.

(3)

Where the President assents to a Bill that has been submitted to him in accordance
with this Constitution, the Bill shall become law and the President shall thereupon
cause it to be published in the Gazette as a law.

(4)

No law made by Parliament shall come into operation until it has been published in
the Gazette but Parliament may postpone the coming into operation of any such law
and may make laws with retrospective effect.

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