CONSTITUTION OF CYPRUS

(July 1960)

 

Presented to Parliament by the Secretary of State for the Colonies, the Secretary of State for Foreign Affairs and the Minister of Defence by Command of Her Majesty July 1960  

 

ARTICLE 31

Every citizen has, subject to the provisions of this Constitution and any electoral law of the Republic or of the relevant Communal Chamber made thereunder, the right to vote in any election held under this Constitution or any such law.

 

ARTICLE 39

1. The election of the President and the Vice­President of the Republic shall be direct,  by universal suffrage and secret ballot, and shall, except in the case of a by­election, take place on the same day but separately:

Provided that in either case if there is only one candidate for election that candidate shall be declared as elected.

2. The candidate who receives more than fifty per centum of the votes validly cast shall be elected. If none of the candidates attains the required majority the election shall be repeated on the corresponding day of the week next following between the two candidates who received the greater number of the votes validly cast and the candidate who receives at such repeated election the greatest number of the votes validly cast shall be deemed to be elected.

3. If the election cannot take place on the date fixed under this Constitution owing to extraordinary and unforeseen circumstances such as earthquake, floods, general epidemic and the like, then such election shall take place on the corresponding day of the week next following.

 

ARTICLE 40

A person shall be qualified to be a candidate for election as President Vice­President of the Republic if at the time of election such person-

(a) is a citizen of the Republic;

(b) has attained the age of thirty­five years;

(c) has not been, on or after the date of the coming into operation of this] Constitution, convicted of an offence involving dishonesty or moral turpitude or is not under any disqualification imposed by a competent court for any electoral offence;

(d) is not suffering from a mental disease incapacitating such person from acting as President or Vice­President of the Republic.

 

ARTICLE 62

1. The number of Representatives shall be fifty:

Provided that such number may be altered by a resolution of the House of Representatives carried by a majority comprising two­thirds of the
Representatives elected by the Greek Community and two­thirds of the Representatives elected by the Turkish Community.

2. Out of the number of Representatives provided in paragraph 1 of this Article seventy per centum shall be elected by the Greek Community and thirty per centum by the Turkish Community separately from amongst their members respectively,

and in the case of a contested election, by universal suffrage and by direct and secret ballot held on the same day.

The proportion of Representatives stated in this paragraph shall be independent of any statistical data.

 

ARTICLE 63

1. Subject to paragraph 2 of this Article every citizen of the Republic who has attained the age of twenty­one years and has such residential qualifications as may be prescribed by the Electoral Law shall have the right to be registered as an elector in either the Greek or the Turkish electoral list:

Provided that the members of the Greek Community shall only be registered in the Greek electoral list and the members of the Turkish Community shall only be registered in the Turkish electoral list.

2. No person shall be qualified to be registered as an elector who is disqualified for such registration by virtue of the Electoral Law.

 

ARTICLE 64

A person shall be qualified to be a candidate for election as a Representative if at the time of the election that person-

(a) is a citizen of the Republic;

(b) has attained the age of twenty­five years;

(c) has not been, on or after the date of the coming into operation of this Constitution, convicted of an offence involving dishonesty or moral turpitude or is not under any disqualification imposed by a competent court for any electoral offence;

(d) is not suffering from a mental disease incapacitating such person from acting as a Representative.
 

ARTICLE 65

1. The term of office of the House of Representatives shall be for a period of five years.

The term of office of the first House of Representatives shall commence on the date of the coming into operation of this Constitution.

2. The outgoing House shall continue in office until the newly­elected House assumes office under paragraph I of this Article.

 

 

 

ARTICLE 66

1. A general election for the House of Representatives shall be held on the second Sunday of the month immediately preceding the month in which the term of office of the outgoing House expires.

2. When a vacancy occurs in the seat of a Representative such vacancy shall be filled by a by­election to be held within a period not exceeding forty­five days of the occurrence of such vacancy on a date to be fixed by the House of Representatives.

3. If an election under paragraph 1 or 2 of this Article cannot take place on the date fixed by or under this Constitution owing to extraordinary and unforeseen circumstances such as earthquake, floods, general epidemic and the like, then such election shall take place on the corresponding day of the week next following.

 

ARTICLE 67

1. The House of Representatives may dissolve itself only by its own decision carried by an absolute majority including at least one third of the Representatives elected by the Turkish Community.

2. Any such decision shall, notwithstanding anything contained in paragraph 1 of Article 65 and paragraph I of Article 66, provide for the date of the holding of the general election, which shall not be less than thirty days and not more than forty days from the date of such decision, and also for the date of the first meeting of the newly elected House which shall not be later than fifteen days after such general election and until such date the outgoing House shall continue to be in office.

3. Notwithstanding anything in paragraph I of Article 65 contained, the term of office of the House of Representatives to be elected after dissolution shall be for the unexpired period of the term of office of the dissolved House. IQ case of dissolution within the last year of the five years' term of office, a general election for the House of Representatives shall take place both for the unexpired part of the term of office of the dissolved House, during which any session of the newly elected House shall be considered to be an extraordinary session, and for the subsequent five years' term of office.
 

ARTICLE 68

Whenever a House of Representatives continues to be in office until the assumption of office by a newly elected House under either paragraph 2 of Article 65 or paragraph 2 of Article 67, such House shall not have power to make any laws or to take any decisions on any matter except only in case of urgent and exceptional unforeseen circumstances to be specifically stated in the relevant law or decision.  

 

ARTICLE 72

1. The President of the House of Representatives shall be a Greek, and shall be elected by the Representatives elected by the Greek Community, and the Vice­President shall be a Turk and shall be elected by the Representatives elected by the Turkish Community. Each shall be elected separately as above at the same meeting at the beginning and for the whole period of the term of office of the House of Representatives.

2. In case of any vacancy in either of the offices provided in paragraph 1 of this Article, an election as provided in such paragraph shall take place with all due speed and at an extraordinary session if necessary in order to fill such vacancy.

3. In case of temporary absence or pending the filling of a vacancy as provided in paragraph 2 of this Article in either of the offices of the President or the Vice­President of the House, their functions shall be performed by the eldest Representative of the respective Community unless the Representatives of such Community should otherwise decide.

4. In addition to the President and the Vice­President of the House there shall be appointed from amongst the Representatives and by the President and the Vice­President of the House respectively two Greek and one Turkish

Clerks of the House and two Greek and one Turkish Administrative Clerks of the House who shall be attached respectively to the office of the President and the Vice­President of the House.

 

ARTICLE 85

Any question with regard to the qualifications of candidates for election and election petitions shall be finally adjudicated by the Supreme Constitutional Court.

 

ARTICLE 93

The elections for both the Communal Chambers shall be by universal suffrage and by direct and secret ballot.


ARTICLE 94

1. Subject to paragraph 2 of this Article every citizen of the Republic who has attained the age of twenty­one years and has such residential qualifications as may be prescribed by the respective communal electoral law shall have the right to be registered as an elector in the respective communal electoral list:

Provided that the members of the Greek Community shall only be registered in the Greek communal electoral list and the members of the Turkish Community shall only­be registered in the Turkish communal electoral list.

2. No person shall be qualified to be registered as an elector who is disqualified for such registration by virtue of the respective communal electoral law.

 

ARTICLE 95

A person shall be qualified to be a candidate for election as a member of a Communal Chamber if at the time of the election that person-
 

(a) is a citizen of the Republic and is registered in the respective communal electoral list;

(b) has attained the age of twenty­five years,

(c) has not been, on or after the date of the coming into operation of this Constitution, convicted of an oflence involving dishonesty or moral turpitude or is not under any disqualification imposed by a competent court for an electoral offence,

(d) is not suffering from a mental disease incapacitating such person from acting as a member of a Communal Chamber.

 

ARTICLE 97

1. A communal general election for a Communal Chamber shall be held at least thirty days before the expiration of the term of office of the outgoing Chamber.

2. When a vacancy occurs in the seat of a member of a Communal Chamber such vacancy shall be filled by a by­election to be held within a period not exceeding forty­five days of the occurrence of such vacancy.

3. If an election under paragraph 1 or 2 of this Article cannot take place on the date fixed by or under this Constitution owing to extraordinary and unforeseen circumstances such as earthquake, floods, general epidemic and the like, then such election shall take place on the corresponding day of the week next following.