Shura Council and Parliament Law of 2002 (Bahrain)

From Wikisource

This work may need to be standardized using Wikisource's style guidelines. If you'd like to help, please review the help pages.

The Law of The Shura Council and The Parliament

Issued by Law By Decree No. 14 for the year 2002

[edit] I: Shoura (Consultative) Council

Article 1

The shoura Council comprises of 40 members appointed and dismissed by a Royal Order.

Article 2

The tenure of the ShouraCouncil wil be 4 years beginning from the first meeting of the Council, and members whose tenure has expired can be re appointed.

Article 3

The folowing conditions applyto the members of the Council with out contradicting the principles of the Law ofpolitical rights:

1- the candidate should be a bahraini citizen enjoying ful political and civil rights

2- the candidates name should be on the list of nominations

3- the person’s ageon the day of his appointment should not be less than 30 years

4- the selected person must either be experienced and (or) one of those who have performed distinguished service(s) to the Country in one of the folowing fields:

-Members of the ruling Family

-Former minister

-Those who have worked at the post of ambasadors and ministers pleni- potentiary

-Former Members of the judicial bodies

-Retired security oficials

-Former Senior Government oficials

-Senior Scholars, business men and profesionals

-Former members of the Parliament

-Those who have exceptional popular trust and support

Article 4

His Majesty the King appoints the chairman of the council for the term of the council and the council then elects thedeputies to the chairman for every session

Article 5

Any member of thecouncil wil loose his membership if he fails to meet the conditions of the membership or looses the trust and eminence or fails to perform his duties.

In this case a vote should be held to nulify his membership with a 2/3rd majority of the members of the council and the resolution wil be forwarded to the King for his approval (endorsment).

Article 6

Any member of theShoura Council can ask to be relieved of this membership with a request forwarded to the Chairman of the council who in return forwards it to the King. The members tenure does not end until the day the king accepts his request.

Article 7

If the seat of eny member is vacant for any reason what so ever befor the end of his tenure another wil be appointed bya Royal Order with in a month from the date of vacancy announced by thecouncil.

The term of the new member wil be til the end of his predecessor’s term.

II: The Parliament

Part 1 Composition and Term of the parliament

Article 8

The Parliament comprises 40 members elected in a direct and secret General Election in accordance with the law by decree 14 for the year 2002 with regards to Exercising Political Rights.

Article 9

The election ofthemembers of the parliament wil comply with the regulations of the idividual candidate elections.

Article 10

The duration of theParliament is 4 years from the day of its first meeting, during the last 4 months of the session of parliament the elections for the next parliament are to be held in line with article 64 of the constitution, and it is permited to elect a former member of parliament whose tenure has ended.

And it is for the King to decide on extending the legislative period of the parliament by not more than 2 years by a Royal Order.

Part 2 (Conditions for nominations to the Parliament )

Article 11

Without contradictingthe principles of the law on exercizing political rights the folowing conditions apply to the candidates for the parliament:

-the candidate should be a bahraini enjoying full civil and political rights

-the candidate’s namemust be on the list of nominees for the constituency the nominee represents

-the candidates age must not beles than 30 years on the dayof election

-the candidate should be able to read and write arabic

-The candidate must not havebeen removed from a position on theshoura council or the parliament by the order ofthe the bodyhe/she was a member of due to los of trust or credibility or due to negligence of his duties as a member.

However the person who was removed can nominate himself if the statutory term during which he was removed ends or if the council he was a member of isues a cancelation of the cause of the candidate’s removal onlyafter the end of the term of the council during which the removal was pased.

Article 12

Any person nominating himself to the parliament must apply in writing on a special form to thesuprvisorycommitee for verification of pols and elections according to the article 7 of The Law ByDecree no.14 for the year 2002 with regards to The Law On Excercizing Political Rights. He/she has to mention in this appication the constituency he wil represent, the form must not contain anyirelevant information otherwise it wil be negated

The application form must be accompanied by a reciept for a cash deposit from the treasury of The Minsitry Of JusticeAnd Islamic Afairs :

-which is non refundable

-must be 200 Bahraini dinars which wil be used to fund social activities the Ministry of Justice and Islamic afairs patronizes

-the applications wil be processed by date of isue in a special register

Article 13

A list wil be issued to be displayed in the electoral districts with the names of the candidtates. This wil be for a period of 3 days folowingthe close of the nomination period.

Who ever has nominated himself and does not find his name on the list of candidates can request the above mentioned commitee to add his /her name on the list or if he orshe has anyobjections to any other candidate on the list to do so with in the 3 days of the display of thelist.

The commitee wil then issue its response to the request and the objections with in 3 days from the date of request and in case there is no response from the commitee it wil be considered a rejection . In this case the person in question can appeal the rejection in Civil Appelate High Court with in 3 days and with in 7 days form the date ofappeal the court wil give a ruling that cannot be appealed against .

Folowing which afinal list of candidates wil be issued in every constituency and 

these names wil be publisehed in local media .

Article 14

After the publishing of the final list of candidates Every Candidate has the right to obtain 1 oficial copyof the table/list of candidates form his constituency .

Article 15

The candidate can withdraw his nomination by informing the commitee mentioned in article 12 of this law in writing. This should be done atleast 10 days before the election day and his withdrawal wil be put with his name on the list of candidates of his constituency. This decision wil also be announced on the day of elections at the doorof the the poling station of his constituency. The withdrawal wil also be published by the ministry of Justice and Islamic afairs in any of the local media atleast 3 days before the day of the elections.

Article 16

Every employee who has nominated for the parliament wil be granted leave without pay : -if theperson does not have enough leave in due -beginningfrom the day after theclosing of nominations upto the end of the election process , and the person is not alowed during this period to practice any activity related to his general occupation.

Article 17

The nomination of ministers, judges and public prosecuters to the parliament wil not be accepted unless theyresign from their posts pior to the nomination.

Article 18

In the case of Bahrain Defence Force, The Public Security and the National Guard members right to stand for elections to the parliament the rules, regulations and directives from their own service apply to them.

Article 19

If in a particular constituency the number of candidates for the parliamentary elections does not exceed the alowed number of nominees, for what ever reasons, then the Minister of Justice and Islamic Afairs wil declare them members to the parliament without the need to hold elections in that constituency.

Article 20

The candidate with the outright majorityof votes wil be elected as member of parliament . If this Majorityis not achieved by any of the candidates in the constituency then an person with equal number of votes he wil also stand in the re- run. In this case the person taking the most votes in the re- run wil be the winner. In case two candidates get equal number of votes then the head of the election commitee for the constituencywil draw by lots between the two candidates. In any casethe Head of the commitee wil register the winners name in the election journal/ report and the number of votes each candidate received in the constituency and announce the result. The Head of the the commitee and the general secretary wil then sign the journal and seal the balot boxes.

Article 21

Every candidate in an electorate has the right to contest in cassation court the results ofthe elections in his constituency with in 15 days from the date of announcement of the final election results. And ifit was proven to the court then

-The court wil review the documents and hear the statements of both the plaintif and the accused and any one else it sees fit to hear from.

-If the appeal is prooven right then the member ship of the accused candidate is negated in this case the court has the right to appoint the person who had actualywon the election that is if the cause of the appeal or the complaint cal for a re run .

-the case between the plaintif and the accused wil not interferein the duties and resposibilities of the accused in the parliament during the trial until the court passes a judgment on the appeal. The judgement wil render the membership of the accused void from hence forth but wil not efect his actions before the judgement.

Part 3 Election Campaign

Article 22

The election campaign is free as per the rules contained in this law. Any candidate can campaign from the date the nominations are accepted as per the folowing :

The candidate is bound by the folowing during his election campaign:

1-to abide by the principles of the constitution and respect the rule of law .

2-to respect the freedom ofopinion of others

3-to maintain theNational Unity , and national securtiy and to avoid any action that wil cause disunity or create factions between citizens.

4-not to caryout any campaigning in Government Ministries and their adminsistrative bodies & general organisations.

5-not to interfere in the cmpaign of other candidates personaly or byother intermediaries. Federations, societies, workers unions are prohibited in carying out or participatingin any campaign for any candidate.

6-it is prohibited to organize and hold meetings for campaigns or to give speeches in places of worship, universities, educational institutes Government orprivateschools, public places roads or streets or buildings used by the ministries or thier afliates likegeneral organisations and corporations.

Article 23

-Each municipality wil decide on the special locations where campaign posters, pictures and slogans are to be placed with each candidate given equal space .

-each candidate has to print posters, slogans .etc containing his/her aims, objectives and working agenda in the specialized places appointed for the purpose . The publicatiosn must have the ful name of the candidate. These publications do not need permision and are free of any tax.

-it is prohibited to putup any notice or campaign statement including posters, pictures drawings or writings in places other than the authorised places,the head of the municipalityhas the right to order the removal of such items on the expense of the person without anynotice.

It is prohibited to hold gatherings or festivals near the elections and balot countingcenters.

The use fo the national emblem is not alowed at anygathering or meeting, campaign slogans pictures posters etc… the use of loud speakers and amplifiers is banned out side hals and on vehicles.

Article 24

Government oficials, employees of public organizations, corporations and heads of the municipal councils and members are prohibited from campaigning for any candidate in their work places.

Article 25

Candidates are prohibited during theirelection campaign to present gifts, donations orany financial or complementary aid in person or through someone else to any ordinary person or one holding a rank . It is prohibited to ask for such gifts or donations in return for votes.

Candidates are also banned from taking or receiving any funds for their elections campaign from who so ever it be.

Article 26

The mass media is required to treat al candidates equaly .

Article 27

Al election campaigning has to stop al over the kingdom 24 hours before the date of elections.

Part 4 End of membership and Vacancy

Article 28

The membership of any member of theParliament is canceled if the person does not meet one or any of the conditions of membership, or looses the trust or confidence, orneglects his/her duty. Also if it is proved that the candidate did not meet the requirements at thetime of elections. An order is to be isued canceling the membership with a 2/3rd majority of the members of parliament ,in this case the vote wil be taken bycaling each member byname.

Article 29

Any member of the parliament can resign in writing forwarded to the chairman of the parliament. The resignation wil be valid from the date the parliament accepts it. The members seat wil then be vacant from that day onwards. The member has the right to withdraw his resignation before the parliamnet isues its acceptance.

Article 30

If the seat of a member of parliament is vacant for what ever reason , then a supplementary vote wil beheld to choosea replacement within one month of the announcement of vacancy. The new member wil continue the term of his predecessor. If the vacancy occurs 6 month beforethe end of the term of the parliament then there wil be no election for replacement.

Part 5Penalties

Article 31

With out violating any penal law or other law a person violating articles 22,23,24,25,26,27, of this law wil be jailed for a period of not more than 6 months and fined not more than 500 dinars or any one of the above penalties.

Aricle 32

It is not alowed to discontinue theabove penalties mentioned in article 31.

Article 33

The criminal suite wil be passed over and a civil suite wil not be heard in the crimes mentioned above in article 31 after 6 months from the issuance of the election results or from the last date of judicial procedures in this mater

III : Common Rules For Both The Parliament And The Shura Council

Article 34

It is not alowed to have joint membership of the Shura council and the Parliament as it also not alowed to have join membership of any ofthe 2 councils and the municipal council or hold an government job.

Aricle 35

The person elected to the Parliament or chosen to the Shura council wil automaticaly be disqualified from his other position and his government job as soon as he asumes his duties in either of the councils

Article 36

A member of either the Shura council or the Prliament wil be considered resigned if he accepts a job or a position that he is bared from holdingsimuultaneouslywith his membership. His position wil be vacant with the decision of that respected council but in the case of the Shura Council the position is not considered vacant until a Royal Order is issued.

Article 37

Any member of either the Shura Council or the Parliament is banned from being 

appointed to the board of directors of any company or participatein the activities of the Government or public establishments except under conditions stated in a law. And it is prohibited for a member during his tenureto buy or lease state assets or to rent or sel to the state oo to exchange it, unless it is through a public tender or open bidding or through the system of appropriation for public interest.

Article 38

The chairman or the Shura Council and the chairman of the Parliamnet, are 

prohibited from practising a commercial or non commercial occupation, from the moment he is chosen as the chairman.

Article 39

Members of the Shura and the Parliament are not awarded medals during their tenures.

Article 40

The Members of the Shura and the Parliament earn a monthlysalary of 1000 bahraini dinars from the daythey begin the membership.

Article 41

The Chairmen of theShura and the Parliament earn a salaryequivelent to aMinister’s salary beginning form the dayof they are chosen.

Article 42

The vice chairmen of the Shura and the Parliament earn a salary or 2500 dinars startingfrom the day they are elected.

Article 43

The Shura Council and the Parliament are each financialyindependent and their alocated funds are on top of the National budget . Each of the councils has its own internal regulations on how to work out a balance its budget and keeps its accounts and make and approve a balance sheet at the end of the year with out the being restricted bythe governmets rules and regulations.

Article 44

Each of the councils wil create its own organizational framework for its staf affairs abidingby, if there is no exception in the frame work, the rules of the civil service regulations. Until the framework mentioned above is implemented the staf are governed by the rules of the Civil Service .

Article 45

Scrutiny of each the ShuraCouncil and the Parliament is limited to the the work and actions of the members of The Executive Authorityfrom thedate of first session of the councils in the first legislative term. They are not accountable for any work or actions before that date .

Article 46

The chairman of the Shura Council takes over the al administrative and financial afairs during the dissolution of theParliament .

Article 47

Al statements contravening this law are hitherto void .

Article 48

The Prime Minister and concerned ministers have to execute thislaw from the day it is publsihed in the oficial Gazete