Amended by [Act No. 2 of 1982]; [Act No. 48 of 1991]; [Act No. 3 of 1996]
62.
Assignment of responsibilities to Ministers
The President, acting in accordance with the advice of the Prime Minister, may, by
directions in writing, assign to the Prime Minister or any other Minister responsibility for the
conduct (subject to this Constitution and any other law) of any business of the Government,
including responsibility for the administration of any department of Government.
Amended by [Act No. 48 of 1991]; [Act No. 3 of 1996]
63.
Performance of functions of Prime Minister during absence or illness
(1)
Where the Prime Minister is absent from Mauritius or is by reason of illness or of
section 60(5) unable to perform the functions conferred on him by this Constitution,
the President may, by directions in writing, authorise the Deputy Prime Minister or,
in his absence, some other Minister to perform those functions (other than the
functions conferred by this section) and that Minister may perform those functions
until his authority is revoked by the President.
(2)
The powers of the President under this section shall be exercised by him in
accordance with the advice of the Prime Minister:
Provided that where the President, acting in his own deliberate judgment, considers
that it is impracticable to obtain the advice of the Prime Minister owing to the Prime
Minister's absence or illness, or where the Prime Minister is unable to tender advice
by reason of section 60(5), the President may exercise those powers without that
advice and in his own deliberate judgment.
Amended by [Act No. 2 of 1982]; [Act No. 48 of 1991]
64.
Exercise of President's functions
(1)
In the exercise of his functions under this Constitution or any other law, the
President shall act in accordance with the advice of the Cabinet or of a Minister
acting under the general authority of the Cabinet except in cases where he is
required by this Constitution to act in accordance with the advice of, or after
consultation with, any person or authority other than the Cabinet or in his own
deliberate judgment.
(2)
The President may request the Cabinet to reconsider any advice tendered by it and
shall act in accordance with such advice as may be tendered by the Cabinet after
such reconsideration.
(3)
Where the President so requests, the Prime Minister shall submit for the
consideration of the Cabinet any matter on which a policy decision has been taken
by a Minister but which has not been considered by the Cabinet.
(4)
Where the President is directed by this Constitution to exercise any function after
consultation with any person or authority other than the Cabinet, he shall not be