CHAPTER VII
The Executive
The Executive
Executive
authority of Malta.
Substituted by:
LVIII.1974.32.
78.
(1) The executive authority of Malta
is vested in the
President.
(2) The executive authority of Malta
shall be exercised by the
President, either directly or through
officers subordinate to him, in
accordance with the provisions of
this Constitution.
(3) Nothing in this article shall
prevent Parliament from
conferring functions on persons or
authorities other than the
President.
The Cabinet.
79.
(1) There shall be a Cabinet for
Malta which shall consist
of the Prime Minister and such number
of other Ministers as may
be appointed in accordance with
article 80 of this Constitution.
(2) The Cabinet shall have the
general direction and control of
the Government of Malta and shall be
collectively responsible
therefor to Parliament.
Appointment of
Ministers.
Amended by:
LVIII. 1974.33.
80.
Wherever there shall be occasion for
the appointment of a
Prime Minister, the President shall
appoint as Prime Minister the
member of the House of
Representatives who, in his judgment, is
best able to command the support of a
majority of the members of
that House and shall, acting in
accordance with the advice of the
Prime Minister, appoint the other
Ministers from among the
members of the House of
Representatives:
Provided that if occasion arises for
making an appointment to the
office of Prime Minister or any other
Minister while Parliament is
dissolved, a person who was a member
of the House of
Representatives immediately before
the dissolution may be
appointed as Prime Minister or any
other Minister as if, in each
c a s e , s u c h p e r s o n w e r e
s t i l l a m e m b e r o f t h e H o u s e o f
Representatives, but any person so
appointed shall vacate office at
the beginning of the next session of
Parliament if he is not then a
member thereof.
Tenure of office of
Ministers.
Amended by:
LVIII. 1974.34.
81.
(1) If the House of Representatives
passes a resolution,
supported by the votes of a majority
of all the members thereof,
that it has no confidence in the
Government, the President may
remove the Prime Minister from
office:
Provided that the President shall not
do so unless three days have
elapsed and he has decided not to
dissolve Parliament under article
76 of this Constitution.
(2) The office of Prime Minister
shall also become vacant -
(a) when, after any
dissolution of Parliament, the Prime
46 CONSTITUTION OF MALTA
Minister is informed by the President
that the
President is about to re-appoint him
as Prime Minister
or to appoint another person as Prime
Minister;
(b) if he ceases to be a
member of the House of
Representatives otherwise than by a
dissolution of
Parliament; or
(c) if, under the provisions
of sub-article (2) of article 55
of this Constitution, he is required
to cease to perform
his functions as a member of the
House of
Representatives.
(3) The office of a Minister, other
than the office of Prime
Minister shall become vacant -
(a) upon the appointment or
re-appointment of any person
to the office of Prime Minister;
(b) if his appointment to his
office is revoked by the
President, acting in accordance with
the advice of the
Prime Minister;
(c) if he ceases to be a
member of the House of
Representatives otherwise than by a
dissolution of
Parliament; or
(d) if, under the provisions
of sub-article (2) of article 55
of this Constitution, he is required
to cease to perform
his functions as a member of the
House of
Representatives.
Allocation of
portfolios to
Ministers.
Amended by:
LVIII. 1974.35.
82.
(1) Subject to the provisions of this
Constitution, 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 any business of the
Government of Malta including the
administration of any
department of government.
(2) Nothing in this article shall
empower the President to
confer on any Minister authority to
exercise any power or to
discharge any duty that is conferred
or imposed by this Constitution
or any other law on any person or
authority other than that
Minister.
Acting Prime
Minister.
Substituted by:
LVIII.1974.36.
83.
(1) Whenever the Prime Minister is
absent from Malta or
on vacation, or is unable by reason
of illness to perform the
functions of his office, the
President may authorise any other
member of the Cabinet to perform
those functions (other than the
functions conferred by this article)
and that member may perform
those functions until his authority
is revoked by the President.
(2) The powers of the President under
this article shall be
exercised by him in accordance with
the advice of the Prime
Minister:
Provided that if the President
considers that it is impracticable to
obtain the advice of the Prime
Minister owing to his absence or
illness he may exercise those powers
without that advice.
CONSTITUTION OF MALTA
47
Temporary
Ministers.
Amended by:
LVIII. 1974.37.
84.
(1) Whenever a Minister other than
the Prime Minister is
unable, by reason of his illness or
absence from Malta, to perform
the functions of his office, the
President may appoint another
member of the House of
Representatives to be a temporary
Minister:
Provided that if occasion arises for
making an appointment while
Parliament is dissolved, a person
who, immediately before the
dissolution, was a member of the
House of Representatives may be
appointed as a temporary Minister as
if he were still a member of
that House, but any person so
appointed shall vacate office at the
beginning of the next session of
Parliament if he is not then a
member thereof.
(2) Subject to the provisions of
article 81 of this Constitution, a
temporary Minister shall hold office
until he is notified by the
President that the Minister on
account of whose inability to perform
the functions of his office he was
appointed is again able to
perform those functions or until that
Minister vacates his office.
(3) The powers of the President under
this article shall be
exercised by him in accordance with
the advice of the Prime
Minister.
Exercise of
functions of
President.
Amended by:
LVIII. 1974.38.
85.
(1) In the exercise of his functions
the President shall act
in accordance with the advice of the
Cabinet or a Minister acting
under the general authority of the
Cabinet except in cases where he
is required by this Constitution or
any other law to act in
accordance with the advice of any
person or authority other than
the Cabinet:
Provided that the President shall act
in accordance with his own
deliberate judgment in the
performance of the following functions-
(a) in the exercise of the
powers relating to the dissolution
of Parliament conferred upon him by
the proviso to
sub-article (5) of article 76 of this
Constitution;
(b) in the exercise of the
power to appoint the Prime
Minister or remove the Prime Minister
from office
conferred upon him by article 80 and
sub-article (1) of
article 81 of this Constitution;
(c) in the exercise of the
powers conferred upon him by
article 83 of this Constitution
(which relates to the
performance of the functions of the
Prime Minister
during absence, vacation or illness)
in the
circumstances described in the
proviso to sub-article
(2)of that article;
(d) in the exercise of the
power to appoint the Leader of
the Opposition and to revoke any such
appointment
conferred upon him by article 90 of
this Constitution;
and
(e) in signifying his approval
for the purposes of subarticle
(4) of article 110 of this
Constitution of an
appointment to an office on his
personal staff.
(2) Where by this Constitution the
President is required to act
48 CONSTITUTION OF MALTA
in accordance with the advice of any
person or authority, the
question whether he has in any case
received, or acted in
accordance with, such advice shall
not be enquired into in any
court.
(3) The reference in sub-article (1)
of this article to the
functions of the President shall be
construed as a reference to his
powers and duties in the exercise of
the executive authority of
Malta and to any other powers and
duties conferred or imposed on
him as President by or under this
Constitution or any other law.
Exercise of Prime
Minister’s
functions.
86.
(1) Where by this Constitution the
Prime Minister is
required to exercise any function on
the recommendation of any
person or authority he shall exercise
that function in accordance
with such recommendation:
Provided that -
(a) before he acts in
accordance therewith he may once
refer that recommendation back for
reconsideration by
the person or authority concerned;
and
(b) if that person or
authority, having reconsidered the
original recommendation under the
preceding
paragraph, substitutes therefor a
different
recommendation, the provisions of
this sub-article
shall apply to that different
recommendation as they
apply to the original recommendation.
(2) Where by this Constitution the
Prime Minister is required
to perform any function after
consultation with any person or
authority, he shall not be obliged to
perform that function in
accordance with the advice of that
person or authority.
(3) Where by this Constitution the
Prime Minister is required
to perform any function in accordance
with the recommendation of,
or after consultation with, any
person or authority, the question
whether he has in any case received,
or acted in accordance with
such recommendation or whether he has
consulted with such person
or authority shall not be enquired
into in any court.
The President to be
informed
concerning matters
of government.
Substituted by:
LVIII. 1974.39.
87.
The Prime Minister shall keep the
President fully informed
concerning the general conduct of the
Government of Malta and
shall furnish the President with such
information as he may request
with respect to any particular matter
relating to the Government of
Malta.
Parliamentary
Secretaries.
Amended by:
LVIII. 1974.40.
88.
(1) The President, acting in
accordance with the advice of
the Prime Minister, may appoint
Parliamentary Secretaries from
among the members of the House of
Representatives to assist
Ministers in the performance of their
duties:
Provided that if occasion arises for
making an appointment while
Parliament is dissolved, a person who
immediately before the
dissolution was a member of the House
of Representatives may be
appointed as a Parliamentary
Secretary as if he were still a member
of that House, but any person so
appointed shall vacate office at the
beginning of the next session of
Parliament if he is not then a
CONSTITUTION OF MALTA
49
member thereof.
(2) The provisions of sub-article (3)
of article 81 of this
Constitution shall apply to
Parliamentary Secretaries as they apply
to Ministers.
Oath to be taken by
Ministers.
Substituted by:
LVIII. 1974.41.
89.
A Minister or a Parliamentary
Secretary shall not enter
upon the duties of his office unless
he has taken and subscribed the
oath of allegiance and the oath of
office set out in the Third and in
the Second Schedule to this
Constitution.
Leader of the
Opposition.
Amended by:
LVIII. 1974.42.
90.
(1) There shall be a Leader of the
Opposition who shall be
appointed by the President.
(2) Whenever there shall be occasion
for the appointment of a
Leader of the Opposition, the
President shall appoint -
(a) if there is one opposition
party whose numerical
strength in the House of
Representatives is greater
than the strength of any other
opposition party, the
member of the House of
Representatives who is the
Leader of that party; or
(b) if, by reason of an
equality in the numerical strength of
the opposition parties in the House
or by reason that
there is no opposition party, no
person is qualified for
appointment under paragraph (a)
of this sub-article,
the member of the House who, in the
judgment of the
President, commands the support of
the largest single
group of members of the House in
opposition to the
Government who are prepared to
support one leader.
(3) The office of Leader of the
Opposition shall become
vacant -
(a) if after any dissolution
of Parliament, he is informed
by the President that the President
is about to appoint
another person as Leader of the
Opposition;
(b) if he ceases to be a
member of the House of
Representatives otherwise than by a
dissolution of
Parliament;
(c) if, under the provisions
of sub-article (2) of article 55
of this Constitution, he is required
to cease to perform
his functions as a member of the
House of
Representatives; or
(d) if his appointment is
revoked under the provisions of
sub-article (4) of this article.
(4) If, in the judgment of the
President, a member of the House
of Representatives other than the
Leader of the Opposition, has
become the Leader in the House of the
opposition party having the
greatest numerical strength in the
House or, as the case may be, the
Leader of the Opposition has ceased
to command the support of the
largest single group of members in
opposition to the Government,
the President shall revoke the
appointment of the Leader of the
Opposition.
(5) Sub-article (4) of this article
shall not have effect while
50 CONSTITUTION OF MALTA
Parliament is dissolved.
Attorney General.
Amended by:
LVIII. 1974.43.
91.
(1) There shall be an Attorney
General whose office shall
be a public office and who shall be
appointed by the President
acting in accordance with the advice
of the Prime Minister.
(2) A person shall not be qualified
to hold office as Attorney
General unless he is qualified for
appointment as a judge of the
Superior Courts.
(3) In the exercise of his powers to
institute, undertake and
discontinue criminal proceedings and
of any other powers
conferred on him by any law in terms
which authorise him to
exercise that power in his individual
judgment the Attorney
General shall not be subject to the
direction or control of any other
person or authority.
(4) Subject to the provisions of
sub-article (5) of this article,
the Attorney General shall vacate his
office when he attains the age
of sixty years.
(5) Sub-articles (2) and (3) of
article 97 of this Constitution
shall apply to the Attorney General.
Permanent
Secretaries and
heads of
government
departments.
Amended by:
LVIII. 1974.44.
92.
(1) Where any Minister has been
charged with
responsibility for any department of
government, he shall exercise
general direction and control over
that department; and, subject to
such direction and control, the
department may be under the
supervision of a Permanent Secretary:
Provided that two or more departments
of government may be
placed under the supervision of one
Permanent Secretary.
(2) The Prime Minister shall be
responsible for assigning
departments of government to
Permanent Secretaries.
(3) Power to appoint public officers
to hold or act in the office
of Permanent Secretary and to remove
from office persons holding
or acting in such office shall vest
in the President acting in
accordance with the advice of the
Prime Minister given after the
Prime Minister has consulted with the
Public Service Commission.
(4) Heads of departments of
government other than those
whose manner of appointment is
specifically provided for in this
Constitution shall be appointed from
amongst senior public officers
by the Prime Minister acting after
consultation with the Public
Service Commission.
Prerogative of
mercy.
Amended by:
LVIII.1974.45.
93.
(1) The President shall have power to
-
(a) grant to any person
concerned in or convicted of any
offence a pardon, either free or
subject to lawful
conditions;
(b) grant to any person a
respite, either indefinite or for a
specified period, of the execution of
any sentence
passed on that person for any
offence;
(c) substitute a less severe
form of punishment for any
punishment imposed on any person for
any offence; or
CONSTITUTION OF MALTA
51
(d) remit the whole or part of
any sentence passed on any
person for an offence or for any
penalty or forfeiture
otherwise due to the State on account
of any offence.
(2) (a) Where any person has
been sentenced to death by any
court in Malta, the President shall
cause a written report of the case
from the trial judge, or, in the case
of a court-martial the person
presiding, and such other information
derived from the record of
the case or elsewhere as the
President may require, to be sent to the
Minister responsible for justice.
(b) The said Minister shall
send such written report and
information (if any) to the Cabinet,
and the Cabinet shall advise the
President whether he should grant the
offender a pardon or respite
in the exercise of the powers
conferred on him by this article.
Secretary to the
Cabinet.
94.
(1) There shall be a Secretary to the
Cabinet who shall be
a public officer designated in that
behalf by the Prime Minister.
(2) The Secretary to the Cabinet
shall be responsible, in
accordance with such instructions as
may be given to him by the
Prime Minister, for arranging the
business for, and keeping the
minutes of, the meetings of the
Cabinet and for conveying the
decisions of the Cabinet to the
appropriate person or authority, and
shall have such other functions as
the Prime Minister may from
time to time direct.
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Index of the Constitution of Malta
See also:
Constitution of Malta Act, 1964
