It shall be the function of the Council to advise and make

37I. It shall be the function of the Council to advise and make recommendations to the President on any matter referred to the Council by the President under this Constitution. [28/2016] President’s general duty to consult Council 37IA.—(1) The President must consult the Council before exercising any discretionary power conferred on him by this Constitution, except the discretionary powers mentioned in clause (2). [28/2016] (2) The President may (but need not) consult the Council before exercising — (a) the President’s discretionary powers under Articles 22G, (b) the President’s discretionary powers under this Part; or (c) the following discretionary powers: (i) the President’s discretion under Article 22J in relation to his personal staff and the use of the Civil List; (ia) the President’s discretion under Article 22Q(1)(c); [Act 35 of 2023 wef 14/09/2023] (ii) appointing the Prime Minister in accordance with Article 25(1); (iii) declaring under Article 26(1)(b) that the office of Prime Minister is vacant; (iv) authorising a Minister to exercise the Prime Minister’s functions under Article 26(4)(c); (v) dissolving Parliament under Article 26(1)(b) or 65(2) or (3); (vi) granting leave of absence to the Chief Justice under Article 98(10). [28/2016] President to immediately refer to Council certain cases concerning veto powers 37IB. Without limiting Article 37IA, the President must immediately refer to the Council for its recommendation — (a) any case where the President’s assent, concurrence or approval is sought and which the President is required to consult the Council under Article 37IA(1); and (b) any proposed transaction that the President is informed of under Article 22B(6), 22D(5) or 148G(1). [28/2016] Referred cases — time limit for Council to make recommendation 37IC.—(1) Subject to clauses (2) and (3), the Council must give its recommendation in a case referred to it under Article 37IB — (a) if the President is required by Article 21A(2)(a) to signify his decision in the case within 30 days, within 15 days after the case is referred to the Council; and (b) if the President is required by Article 21A(2)(b) to signify his decision in the case within 6 weeks, within 3 weeks after the case is referred to the Council. [28/2016] (2) If the Prime Minister issues a certificate of urgency to the President under Article 21A(3)(a) for any case referred to the Council under Article 37IB — (a) the President must immediately inform the Council of the certificate; and (b) the Council must give its recommendation to the President by whichever of the following time limits ends earlier: (i) the time limit in clause (1), including any extension under clause (3); (ii) at least 5 days before the date on which the President is required by the certificate to signify his decision. [28/2016] (3) The President may, acting in his discretion, extend the time limit in clause (1) for any case referred to the Council under Article 37IB, but any extension does not have effect, or if granted ceases to have effect, to the extent that it allows the Council to give its recommendation less than 5 days before the date on which the President is required to signify his decision under Article 21A. [28/2016] (4) If in any case the Council fails to give its recommendation within the time limit in this Article, the Council is deemed to have recommended that the President — (a) give the assent, concurrence or approval that was sought; or (b) not disapprove the proposed transaction under Article 22B(7), 22D(6) or 148G(2), as the case may be. [28/2016] Referred cases — matters to be stated in Council’s recommendation, etc. 37ID. In a case referred to the Council under Article 37IB, the Council’s recommendation to the President must state — (a) whether the Council’s recommendation is unanimous and if not, the number of votes for and against the recommendation; and (b) the grounds for the Council’s recommendation. [28/2016] Referred cases — Prime Minister to receive President’s grounds and Council’s recommendation if President exercises veto, etc. 37IE.—(1) This Article applies if, in a case referred to the Council under Article 37IB, the President acts in his discretion to — (a) refuse to give the assent, concurrence or approval that was sought; or (b) disapprove a proposed transaction under Article 22B(7), 22D(6) or 148G(2). [28/2016] (2) If this Article applies — (a) the President must certify the grounds for his decision to the Prime Minister and send the Council’s recommendation to the Prime Minister; (b) in a case where the President withholds his assent to a Supply Bill, Supplementary Supply Bill or Final Supply Bill — (i) the President must publish in the Gazette the grounds certified under paragraph (a); and (ii) the President must send the recommendation of the Council in relation to the Bill to the Speaker, who must present the recommendation to Parliament; and (c) in a case where the President disapproves the budget, supplementary budget or revised budget of, or a proposed transaction by, an entity specified in the Fifth Schedule, the President must send the grounds certified under paragraph (a) and the recommendation of the Council to — (i) in the case of a statutory board, the chairman of the statutory board; and (ii) in the case of a Government company, the chairman of the board of directors of the company. [28/2016] Referred cases — Parliament may overrule Presidential veto exercised contrary to Council’s recommendation 37IF.—(1) Parliament may, by resolution, overrule the President, if — (a) in a case referred to the Council under Article 37IB, the President acts in his discretion to — (i) refuse to give the assent, concurrence or approval that was sought; or (ii) disapprove a proposed transaction under Article 22B(7), 22D(6) or 148G(2); and (b) the President’s decision was made contrary to the Council’s recommendation. [28/2016] (2) A resolution under clause (1) — (a) may only be passed on a motion for which notice has been given by a Minister; (b) except where the resolution seeks to overrule the President’s withholding of assent to a Supply Bill, Supplementary Supply Bill or Final Supply Bill, may only be moved after the Government — (i) causes the President’s grounds for the decision sought to be overruled, as certified under Article 37IE(2)(a), to be published in the Gazette; and (ii) sends the recommendation of the Council in relation to that decision to the Speaker, who must present the recommendation to Parliament; and (c) must be passed by no less than two‑thirds of the total number of Members of Parliament (excluding nominated Members). [28/2016] (3) Despite clause (1) — (a) a refusal by the President to approve a budget, revised budget or supplementary budget of an entity specified in (b) a decision by the President to disapprove under Article 22B(7) or 22D(6) a proposed transaction by an entity specified in the Fifth Schedule, cannot be overruled unless the chairman of the entity or the chairman of the board of directors of the entity (as the case may be) has made a request to the Cabinet for a resolution under clause (1) to be moved with respect to the refusal or the decision. [28/2016] (4) If Parliament overrules the President under clause (1), the President is deemed — (a) to have, on the date the overruling resolution was passed, given the assent, concurrence or approval that was sought; or (b) never to have disapproved of the proposed transaction under Article 22B(7), 22D(6) or 148G(2), as the case may be. [28/2016] (5) This Article does not apply to the President’s discretionary powers under Articles 5A, 5B, 5C and 22H. [28/2016] Quorum and voting 37IG.—(1) The Council must not transact any business unless a quorum of 5 members, including the Chairman or the member appointed under Article 37B(5)(a) to act as the Chairman, is present. [28/2016] (2) Any recommendation or decision of the Council must be made by a majority of members present and voting. [28/2016] (3) If on any question before the Council the members are equally divided, the Chairman has a casting vote in addition to his original vote. [28/2016] Proceedings of Council