Section 57: Prorogation and dissolution of Parliament

57. Prorogation and dissolution of Parliament (1) The President, acting in accordance with the advice of the Prime Minister, may at any time prorogue or dissolve Parliament: Provided that— (a) where the Assembly passes a resolution that it has no confidence in the Government and— (i) the Prime Minister does not within 3 days either resign from his office or advise the President to dissolve Parliament within 7 days or at such later time as the President, acting in his own deliberate judgment, may consider reasonable, the President, acting in his own deliberate judgment, may dissolve Parliament; or (ii) the Prime Minister resigns from his office and, before resigning, advises the President to dissolve Parliament, the President may, where he has reason to believe that another person is capable of forming a Government with the confidence of a majority in the Assembly, and acting in his own deliberate judgment, decline to act on the advice of the Prime Minister and may invite that other person to form a Government; [Issue 1] CON – 44 Revised Laws of Mauritius (b) where the office of Prime Minister is vacant and the President considers that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the support of a majority of the members of the Assembly, the President, acting in his own deliberate judgment, may dissolve Parliament. (2) Parliament, unless sooner dissolved, shall continue for 5 years from the date of the first sitting of the Assembly after any general election and shall then stand dissolved. (3) At any time when Mauritius is at war, Parliament may from time to time extend the period of 5 years specified in subsection (2) by not more than 12 months at a time: Provided that the life of Parliament shall not be extended under this subsection for more than 5 years. (4) At any time when there is in force a Proclamation by the President declaring, for the purposes of section 19 (7) (b), that a state of public emergency exists, Parliament may from time to time extend the period of 5 years specified in subsection (2) by not more than 6 months at a time: Provided that the life of Parliament shall not be extended under this subsection for more than one year. (5) Where, after a dissolution and before the holding of the election of members of the Assembly, the Prime Minister advises the President that, owing to the existence of a state of war or of a state of emergency in Mauritius or any part thereof, it is necessary to recall Parliament, the President shall summon the Parliament that has been dissolved to meet. (6) Unless the life of Parliament is extended under subsection (3) or subsection (4), the election of members of the Assembly shall proceed, notwithstanding the summoning of Parliament under subsection (5) and the Parliament that has been recalled shall, if not sooner dissolved, again stand dissolved on the day before the day prescribed for polling at that election. [S. 57 amended by Act 2 of 1982; Act 48 of 1991; s. 4 of Act 28 of 2003 w.e.f. 15 September 2003.] CHAPTER VI – THE EXECUTIVE