obliged to exercise that function in accordance with the advice of that person or
authority.
(5) (a)
(6)
Subject to paragraphs (b) and (c), where the President is required by this
Constitution to act in accordance with the advice of or after consultation with
any person or authority, the question whether in fact he has so acted shall
not be called in question in any court of law.
(b)
Where the President dissolves Parliament otherwise than under the proviso
to section 57, the Prime Minister, may by motion, request the Supreme
Court to enquire into the decision.
(c)
Upon the hearing of a motion under paragraph (b), the Supreme Court shall
determine whether or not the President has acted in accordance with the
advice, of the Prime Minister and where the Supreme Court declares that
the President has not acted in accordance with such advice the dissolution
of the Parliament shall, subject to section 57(2), have no effect.
During any period in which the office of Leader of the Opposition is vacant by
reason that there is no such opposition party as is referred to in section 73(2)(a)
and the President, acting in his own deliberate judgment, is of the opinion that no
member of the Assembly would be acceptable to the leaders of the opposition
parties for the purposes of section 73(2)(b) or by reason that there are no
opposition parties for the purposes of that section, the operation of any provision of
this Constitution shall, to the extent that it requires the President, the Prime Minister
or the Public Service Commission to consult the Leader of the Opposition, be
suspended.
Amended by [Act No. 48 of 1991]
65.
President to be kept informed
The Prime Minister shall keep the President fully informed concerning the general conduct
of the Government of Mauritius and shall furnish the President with such information as he
may request with respect to any particular matter relating to the Government of Mauritius.
Amended by [Act No. 48 of 1991]
66.
Junior Ministers
(1)
Subject to this section, the President, acting in accordance with the advice of the
Prime Minister, may appoint Junior Ministers from among the members of the
Assembly to assist Ministers in the performance of their duties.
(2)
The number of junior Ministers shall not exceed l0.
(3)
Where occasion arises for making appointments while the Assembly is dissolved, a
person who was a member of the Assembly immediately before the dissolution may
be appointed as a junior Minister.
(4)
The office of a Junior Minister shall become vacant-