Constitution of the Republic of Mauritius 1968, as amended to 2011


Affirmative Action (Broadly)

1. Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.

3. In this section, 'discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, caste, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.

4. Subsection (1) shall not apply to any law so far as that law makes provision – …
aa. for a minimum number of candidates for election to local authorities to be of a particular sex, with a view to ensuring adequate representation of each sex on a local authority;
… (Sec. 16)

Citizenship and Nationality

1. Every person who, having been born in Mauritius, was on 11 March 1968 a citizen of the United Kingdom and Colonies became a citizen of Mauritius on 12 March 1968.
2. Every person who, on 11 March 1968, was a citizen of the United Kingdom and Colonies—
a. having become such a citizen under the British Nationality Act 1948, by virtue of his having been naturalised by the Governor of the former Colony of Mauritius as a British subject before that Act came into force; or
b. having become such a citizen by virtue of his having been naturalised or registered by the Governor of the former Colony of Mauritius under that Act,
became a citizen of Mauritius on 12 March 1968.
3. Every person who, having been born outside Mauritius, was on 11 March 1968 a citizen of the United Kingdom and Colonies, if either of his parents became, or would but for his death have become, a citizen of Mauritius by virtue of subsection (1) or subsection (2), became a citizen of Mauritius on 12 March 1968.
4. For the purposes of this section, a person shall be regarded as having been born in Mauritius if he was born in the territories which were comprised in the former Colony of Mauritius immediately before 8 November 1965 but were not so comprised immediately before 12 March 1968 unless either of his parents was born in the territories which were comprised in the Colony of Seychelles immediately before 8 November 1965. (Sec. 20)

Citizenship and Nationality

1. Any person who, on 12 March 1968, was or had been married to another person-
a.who became a citizen of Mauritius by virtue of section 20; or
b.who, having died before 12 March 1968 would, but for his death, have become a citizen of Mauritius by virtue of section 20,
shall be entitled, upon making application and, if he is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Mauritius:
Provided that, in the case of any person who, on 12 March 1968 was not a citizen of the United Kingdom and Colonies, the right to be registered as a citizen of Mauritius under this section shall be subject to such exceptions or qualifications as may be prescribed in the interest of national security or public policy.
2. Any application for registration under this section shall be made in such manner as may be prescribed as respects that application. (Sec. 21)

Citizenship and Nationality

Every person born in Mauritius after 11 March 1968 shall become a citizen of Mauritius at the date of his birth:
Provided that a person shall not become a citizen of Mauritius by virtue of this section if at the time of his birth
a.neither of his parents is a citizen of Mauritius; or
b.either of his parents is an enemy alien and the birth occurs in a place then under occupation by the enemy. (Sec. 22)

Citizenship and Nationality

A person born outside Mauritius after 11 March 1968 shall become a citizen of Mauritius at the date of his birth if at that date either of his parents is a citizen of Mauritius otherwise than by virtue of this section or section 20(3). (Sec. 23)

Citizenship and Nationality

Any person who, after 11 March 1968, marries another person who is or becomes a citizen of Mauritius shall be entitled, up on making application in such manner as may be prescribed and, if he is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Mauritius:
Provided that the right to be registered as a citizen of Mauritius under this section shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy. (Sec. 24)

Citizenship and Nationality

1. Parliament may make provision
a.for the acquisition of citizenship of Mauritius by persons who are not eligible or who are no longer eligible to become citizens of Mauritius by virtue of this Chapter;
b.for depriving of his citizenship of Mauritius any person who is a citizen of Mauritius otherwise than by virtue of section 20, 22 or 23;
c.for the renunciation by any person of his citizenship of Mauritius; or
d.for the maintenance of a register of citizens of Mauritius who are also citizens of other countries. (Sec. 26)

Jurisdiction and Access

1. An appeal shall lie from decisions of the Court of Appeal or the Supreme Court to the Judicial Committee as of right in the following cases
a.final decisions, in any civil or criminal proceedings, on questions as to the interpretation of this Constitution;
… (Sec. 81)

Jurisdiction and Access

1. Subject to sections 41 (5), 64 (5) and 101 (1), where any person alleges that any provision of this Constitution (other than Chapter II) has been contravened and that his interests are being or are likely to be affected by such contravention, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the Supreme Court for a declaration and for relief under this section.
2. The Supreme Court shall have jurisdiction, in any application made by any person in pursuance of subsection (1) or in any other proceedings lawfully brought before the court, to determine whether any provision of this Constitution (other than Chapter II) has been contravened and to make a declaration accordingly:
Provided that the Supreme Court shall, not make a declaration in pursuance of the jurisdiction conferred by this subsection unless it is satisfied that the interests of the person by whom the application under subsection (1) is made or, in the case of other proceedings before the court, a party to these proceedings, are being or are likely to be affected.
3. Where the Supreme Court makes a declaration in pursuance of subsection (2) that any provision of the Constitution has been contravened and the person by whom the application under subsection (1) was made or, in the case of other proceedings before the court, the party in those proceedings in respect of whom declaration is made, seeks relief, the Supreme Court may grant to that person such remedy, being a remedy available against any person in any proceedings in the Supreme Court under any law for the time being in force in Mauritius, as the court considers appropriate.
4. The Chief Justice may make rules with respect to the practice and procedure of the Supreme Court in relation to the jurisdiction and powers conferred on it by this section (including rules with respect to the time within which applications shall be made under subsection (1)).
5. Nothing in this section shall confer jurisdiction on the Supreme Court to hear or determine any such question as is referred to in section 37 or paragraph 2(5), 3(2) or 4(4) of the First Schedule otherwise than upon an application made in accordance with that section or that paragraph, as the case may be. (Sec. 83)

Jurisdiction and Access

1. Where any question as to the interpretation of this Constitution arises in any court of law established for Mauritius (other than the Court of Appeal, the Supreme Court or a court martial) and the court is of opinion that the question involves a substantial question of law, the court shall refer the question to the Supreme Court.
… (Sec. 84)

Equality and Non-Discrimination

It is hereby recognised and declared that in Mauritius there have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, each and all of the following human rights and fundamental freedoms
a.the right of the individual to life, liberty, security of the person and the protection of the law;
… (Sec. 3)

Equality and Non-Discrimination

1. Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.
2. Subject to subsections (6), (7) and (8), no person shall be treated in a discriminatory manner by any person acting in the performance of any public function conferred by any law or otherwise in the performance of the functions of any public office or any public authority.
3. In this section, 'discriminatory' means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, caste, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.
4. Subsection (1) shall not apply to any law so far as that law makes provision –

aa. for a minimum number of candidates for election to local authorities to be of a particular sex, with a view to ensuring adequate representation of each sex on a local authority;

c. for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description.
5. Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, caste, place of origin, political opinions, colour, creed or sex) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, any office in the service of a local authority or any office in a body corporate established directly by any law for public purposes.
6. Subsection (2) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or (5).
7. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 11, 12, 13, 14 and 15, being such a restriction as is authorised by section 9(2), 11(5), 12(2), 13(2), 14(2) or 15(3), as the case may be.
8. Subsection (2) shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law. (Sec. 16)

Obligations of the State

It is hereby recognised and declared that in Mauritius there have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, each and all of the following human rights and fundamental freedoms
a.the right of the individual to life, liberty, security of the person and the protection of the law;
b.freedom of conscience, of expression, of assembly and association and freedom to establish schools, and
c.the right of the individual to protection for the privacy of his home and other property and from deprivation of property without compensation,
and the provisions of this Chapter2 shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Sec. 3)

Obligations of Private Parties

It is hereby recognised and declared that in Mauritius there have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, each and all of the following human rights and fundamental freedoms
a.the right of the individual to life, liberty, security of the person and the protection of the law;
b.freedom of conscience, of expression, of assembly and association and freedom to establish schools, and
c.the right of the individual to protection for the privacy of his home and other property and from deprivation of property without compensation,
and the provisions of this Chapter3 shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Sec. 3)

Judicial Protection

1. Where any person alleges that any of sections 3 to 16 has been, is being or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to the same matter that is lawfully available, that person may apply to the Supreme Court for redress.
2. The Supreme Court shall have original jurisdiction to hear and determine any application made by any person in pursuance of subsection (1), and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing, or securing the enforcement of, any of sections 3 to 16 to the protection of which the person concerned is entitled:
Provided that the Supreme Court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.
3. The Supreme Court shall have such powers in addition to those conferred by this section as may be prescribed for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.
4. The Chief Justice may make rules with respect to the practice and procedure of the Supreme Court, in relation to the jurisdiction and powers conferred upon it by or under this section (including rules with respect to the time within which applications to that court may be made). (Sec. 17)

National Human Rights Bodies

1. There shall bear an ombudsman, whose office shall be a public office.
… (Sec. 96)

National Human Rights Bodies

1. Subject to this section, the Ombudsman may investigate any action taken by any officer or authority to which this section applies in the exercise of administrative functions of that officer or authority, in any case in which a member of, the public claims, or appears to the Ombudsman, to have sustained injustice in consequence of maladministration in connection with the action so taken and in which
a. a complaint under this section is made;
b. he is invited to do so by any Minister or other member of the Assembly; or
c. he considers it desirable to do so of his own motion.
… (Sec. 97)

Limitations and/or Derogations

It is hereby recognised and declared that in Mauritius there have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, each and all of the following human rights and fundamental freedoms
a.the right of the individual to life, liberty, security of the person and the protection of the law;
b.freedom of conscience, of expression, of assembly and association and freedom to establish schools, and
c.the right of the individual to protection for the privacy of his home and other property and from deprivation of property without compensation,
and the provisions of this Chapter4 shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Sec. 3)

Limitations and/or Derogations

1. Nothing contained in or done under the authority of a law shall be held to be inconsistent with or in contravention of section 5 or section 16 to the extent that the law authorises the taking during any period of public emergency of measures that are reasonably justifiable for dealing with the situation that exists in Mauritius during that period:
Provided that no law, to the extent that it authorises the taking during a period of public emergency, other than a period during which Mauritius is at war, of measures that would be inconsistent with or in contravention of section 5 or section 16 if taken otherwise than during a period of public emergency, shall have effect unless there is in force a Proclamation of the President declaring that, because of the situation existing at the time, the measures authorised by the law are required in the interests of peace, order and good government.
… (Sec. 18)

Marriage and Family Life

1. Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.

3. In this section, 'discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, caste, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.
4. Subsection (1) shall not apply to any law so far as that law makes provision

c.for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description.
… (Sec. 16)

Participation in Public Life and Institutions

1. Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.

3. In this section, 'discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, caste, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.

5. Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, caste, place of origin, political opinions, colour, creed or sex) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, any office in the service of a local authority or any office in a body corporate established directly by any law for public purposes.
… (Sec. 16)

Political Rights and Association

It is hereby recognised and declared that in Mauritius there have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, each and all of the following human rights and fundamental freedoms

b.freedom of conscience, of expression, of assembly and association … (Sec. 3)

Political Rights and Association

1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and, in particular, to form or belong to, trade unions or other associations for the protection of his interests.
… (Sec. 13)

Political Rights and Association

1. Subject to section 43, a person shall be entitled to be registered as an elector if, and shall not be so entitled unless
a. he is a Commonwealth citizen of not less than the age of 18 years; and
b. either he has resided in Mauritius for a period of not less immediately before such date as may be prescribed by Parliament domiciled in Mauritius and is resident, there on the prescribed date.
… (Sec. 42)

Electoral Bodies

1. The Electoral Supervisory Commission shall have general responsibility for and shall supervise, the registration of electors for the election of members of the Assembly and the conduct of elections of such members and the Commission shall have such powers and other functions relating to such registration and such elections as may be prescribed.
2. The Electoral Commissioner shall have such powers and other functions relating to such registration and elections as may be prescribed, and he shall keep the Electoral Supervisory Commission fully informed concerning the exercise of his functions and shall have the right to attend meetings of the Commission and to refer to the Commission for their advice or decision any question relating to his functions.
… (Sec. 41)

Head of State

1. There shall be a President who shall-
a.be the Head of State and Commander-in-Chief of the Republic of Mauritius;

2. a. The President shall
i.be elected by the Assembly on a motion made by the Prime Minister and supported by the votes of a majority of all the members of the Assembly;

3. No person shall be eligible for election to the office of President unless he is a citizen of Mauritius who is not less than 40 years of age and has resided in Mauritius for a period of not less than 5 years immediately preceding the election.
… (Sec. 28)

Vice-President

3. No person shall be eligible for election to the office of President unless he is a citizen of Mauritius who is not less than 40 years of age and has resided in Mauritius for a period of not less than 5 years immediately preceding the election.
… (Sec. 28)

Vice-President

1. Subject to subsection (7), there shall be a Vice-President of the Republic of Mauritius.
2. The Vice-President shall
a.be elected in the manner specified in section 28(2)(a)(i) and, subject to this section and section 30, hold office for a term of 5 years and shall be eligible for re-election;
b.perform such functions as may be assigned to him by the President.
3. No person shall be eligible for election to the office of Vice-President unless he satisfies the conditions specified in section 28 (3).
… (Sec. 29)

Government

1. There shall be a Prime Minister and a Deputy Prime Minister who shall be appointed by the President.
2. There shall be, in addition to the offices of Prime Minister, Deputy Prime Minister and Attorney-General, such other offices of Minister of the Government as may be prescribed by Parliament or, subject to any law, established by the President, acting in accordance with the advice of the Prime Minister:
Provided that the number of offices of Minister, other than the Prime Minister, shall not be more than 24.
3. The President, acting in his own deliberate judgment shall appoint as Prime Minister the member of the Assembly who appears to him best able to command the support of the majority of the members of the Assembly, and shall, acting in accordance with the advice of the Prime Minister, appoint the Deputy Prime Minister, the Attorney-General and the other Ministers from among the members of the Assembly. … (Sec. 59)

Government

1. There shall be a Cabinet for Mauritius consisting of the Prime Minister and the other Ministers.
… (Sec. 61)

Legislature

1. There shall be a Parliament for Mauritius, which shall consist of the President and a National Assembly.
2. The Assembly shall consist of persons elected in accordance with the First Schedule, which makes provision for the election of 70 members. (Sec. 31)

Legislature

Subject to section 34, a person shall be qualified to be elected as a member of the Assembly if, and shall not be so qualified unless, he
a.is a Commonwealth citizen of not less than the age of 18 years;
b.has resided in Mauritius for a period of, or periods amounting in the aggregate to, not less than 2 years before the date of his nomination for election;
c.has resided in Mauritius for a period of not less, than 6 months immediately before that date; and
d.is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the Assembly. (Sec. 33)

Property, Inheritance and Land Tenure

It is hereby recognised and declared that in Mauritius there have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, each and all of the following human rights and fundamental freedoms—

c. the right of the individual to protection his home and other property … (Sec. 3)

Property, Inheritance and Land Tenure

1. Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.

3. In this section, 'discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, caste, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.
4. Subsection (1) shall not apply to any law so far as that law makes provision

c. for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description.
… (Sec. 16)

Protection from Violence

It is hereby recognised and declared that in Mauritius there have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, each and all of the following human rights and fundamental freedoms
a. the right of the individual to life, liberty, security of the person and the protection of the law;
… (Sec. 3)

Protection from Violence

1. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced labour.
… (Sec. 6)

Protection from Violence

1. No person shall be subjected to torture or to inhuman or degrading punishment or other such treatment.
… (Sec. 7)

Public Institutions and Services

1. The law to be applied with respect to any pensions benefits that were granted to any person before 12 March 1968 shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person.

5. In this section, "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers or for the widows, children, dependents or personal representatives of such persons in respect of such service.
… (Sec. 94)

Public Institutions and Services

1. Where under any law any person or authority has a discretion
a.to decide whether or not any pensions benefits shall be granted; or
b.to withhold, reduce in amount or suspend any such benefits that have been granted,
those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the appropriate Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them.

6. In this section, "pensions benefits' means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers or for the widows, children, dependents or personal representatives of such persons in respect of such service. (Sec. 95)

Status of the Constitution

This Constitution is the supreme law of Mauritius and if any other law is inconsistent with this Constitution, that other law shall, to the extent of the inconsistency, be void. (Sec. 2)

Affirmative Action (Broadly)

English

1. Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.

3. In this section, 'discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, caste, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.

4. Subsection (1) shall not apply to any law so far as that law makes provision – …
aa. for a minimum number of candidates for election to local authorities to be of a particular sex, with a view to ensuring adequate representation of each sex on a local authority;
… (Sec. 16)

Citizenship and Nationality

English

1. Every person who, having been born in Mauritius, was on 11 March 1968 a citizen of the United Kingdom and Colonies became a citizen of Mauritius on 12 March 1968.
2. Every person who, on 11 March 1968, was a citizen of the United Kingdom and Colonies—
a. having become such a citizen under the British Nationality Act 1948, by virtue of his having been naturalised by the Governor of the former Colony of Mauritius as a British subject before that Act came into force; or
b. having become such a citizen by virtue of his having been naturalised or registered by the Governor of the former Colony of Mauritius under that Act,
became a citizen of Mauritius on 12 March 1968.
3. Every person who, having been born outside Mauritius, was on 11 March 1968 a citizen of the United Kingdom and Colonies, if either of his parents became, or would but for his death have become, a citizen of Mauritius by virtue of subsection (1) or subsection (2), became a citizen of Mauritius on 12 March 1968.
4. For the purposes of this section, a person shall be regarded as having been born in Mauritius if he was born in the territories which were comprised in the former Colony of Mauritius immediately before 8 November 1965 but were not so comprised immediately before 12 March 1968 unless either of his parents was born in the territories which were comprised in the Colony of Seychelles immediately before 8 November 1965. (Sec. 20)

Citizenship and Nationality

English

1. Any person who, on 12 March 1968, was or had been married to another person-
a.who became a citizen of Mauritius by virtue of section 20; or
b.who, having died before 12 March 1968 would, but for his death, have become a citizen of Mauritius by virtue of section 20,
shall be entitled, upon making application and, if he is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Mauritius:
Provided that, in the case of any person who, on 12 March 1968 was not a citizen of the United Kingdom and Colonies, the right to be registered as a citizen of Mauritius under this section shall be subject to such exceptions or qualifications as may be prescribed in the interest of national security or public policy.
2. Any application for registration under this section shall be made in such manner as may be prescribed as respects that application. (Sec. 21)

Citizenship and Nationality

English

Every person born in Mauritius after 11 March 1968 shall become a citizen of Mauritius at the date of his birth:
Provided that a person shall not become a citizen of Mauritius by virtue of this section if at the time of his birth
a.neither of his parents is a citizen of Mauritius; or
b.either of his parents is an enemy alien and the birth occurs in a place then under occupation by the enemy. (Sec. 22)

Citizenship and Nationality

English

A person born outside Mauritius after 11 March 1968 shall become a citizen of Mauritius at the date of his birth if at that date either of his parents is a citizen of Mauritius otherwise than by virtue of this section or section 20(3). (Sec. 23)

Citizenship and Nationality

English

Any person who, after 11 March 1968, marries another person who is or becomes a citizen of Mauritius shall be entitled, up on making application in such manner as may be prescribed and, if he is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Mauritius:
Provided that the right to be registered as a citizen of Mauritius under this section shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy. (Sec. 24)

Citizenship and Nationality

English

1. Parliament may make provision
a.for the acquisition of citizenship of Mauritius by persons who are not eligible or who are no longer eligible to become citizens of Mauritius by virtue of this Chapter;
b.for depriving of his citizenship of Mauritius any person who is a citizen of Mauritius otherwise than by virtue of section 20, 22 or 23;
c.for the renunciation by any person of his citizenship of Mauritius; or
d.for the maintenance of a register of citizens of Mauritius who are also citizens of other countries. (Sec. 26)

Jurisdiction and Access

English

1. An appeal shall lie from decisions of the Court of Appeal or the Supreme Court to the Judicial Committee as of right in the following cases
a.final decisions, in any civil or criminal proceedings, on questions as to the interpretation of this Constitution;
… (Sec. 81)

Jurisdiction and Access

English

1. Subject to sections 41 (5), 64 (5) and 101 (1), where any person alleges that any provision of this Constitution (other than Chapter II) has been contravened and that his interests are being or are likely to be affected by such contravention, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the Supreme Court for a declaration and for relief under this section.
2. The Supreme Court shall have jurisdiction, in any application made by any person in pursuance of subsection (1) or in any other proceedings lawfully brought before the court, to determine whether any provision of this Constitution (other than Chapter II) has been contravened and to make a declaration accordingly:
Provided that the Supreme Court shall, not make a declaration in pursuance of the jurisdiction conferred by this subsection unless it is satisfied that the interests of the person by whom the application under subsection (1) is made or, in the case of other proceedings before the court, a party to these proceedings, are being or are likely to be affected.
3. Where the Supreme Court makes a declaration in pursuance of subsection (2) that any provision of the Constitution has been contravened and the person by whom the application under subsection (1) was made or, in the case of other proceedings before the court, the party in those proceedings in respect of whom declaration is made, seeks relief, the Supreme Court may grant to that person such remedy, being a remedy available against any person in any proceedings in the Supreme Court under any law for the time being in force in Mauritius, as the court considers appropriate.
4. The Chief Justice may make rules with respect to the practice and procedure of the Supreme Court in relation to the jurisdiction and powers conferred on it by this section (including rules with respect to the time within which applications shall be made under subsection (1)).
5. Nothing in this section shall confer jurisdiction on the Supreme Court to hear or determine any such question as is referred to in section 37 or paragraph 2(5), 3(2) or 4(4) of the First Schedule otherwise than upon an application made in accordance with that section or that paragraph, as the case may be. (Sec. 83)

Jurisdiction and Access

English

1. Where any question as to the interpretation of this Constitution arises in any court of law established for Mauritius (other than the Court of Appeal, the Supreme Court or a court martial) and the court is of opinion that the question involves a substantial question of law, the court shall refer the question to the Supreme Court.
… (Sec. 84)

Equality and Non-Discrimination

English

It is hereby recognised and declared that in Mauritius there have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, each and all of the following human rights and fundamental freedoms
a.the right of the individual to life, liberty, security of the person and the protection of the law;
… (Sec. 3)

Equality and Non-Discrimination

English

1. Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.
2. Subject to subsections (6), (7) and (8), no person shall be treated in a discriminatory manner by any person acting in the performance of any public function conferred by any law or otherwise in the performance of the functions of any public office or any public authority.
3. In this section, 'discriminatory' means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, caste, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.
4. Subsection (1) shall not apply to any law so far as that law makes provision –

aa. for a minimum number of candidates for election to local authorities to be of a particular sex, with a view to ensuring adequate representation of each sex on a local authority;

c. for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description.
5. Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, caste, place of origin, political opinions, colour, creed or sex) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, any office in the service of a local authority or any office in a body corporate established directly by any law for public purposes.
6. Subsection (2) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or (5).
7. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 11, 12, 13, 14 and 15, being such a restriction as is authorised by section 9(2), 11(5), 12(2), 13(2), 14(2) or 15(3), as the case may be.
8. Subsection (2) shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law. (Sec. 16)

Obligations of the State

English

It is hereby recognised and declared that in Mauritius there have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, each and all of the following human rights and fundamental freedoms
a.the right of the individual to life, liberty, security of the person and the protection of the law;
b.freedom of conscience, of expression, of assembly and association and freedom to establish schools, and
c.the right of the individual to protection for the privacy of his home and other property and from deprivation of property without compensation,
and the provisions of this Chapter2 shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Sec. 3)

Obligations of Private Parties

English

It is hereby recognised and declared that in Mauritius there have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, each and all of the following human rights and fundamental freedoms
a.the right of the individual to life, liberty, security of the person and the protection of the law;
b.freedom of conscience, of expression, of assembly and association and freedom to establish schools, and
c.the right of the individual to protection for the privacy of his home and other property and from deprivation of property without compensation,
and the provisions of this Chapter3 shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Sec. 3)

Judicial Protection

English

1. Where any person alleges that any of sections 3 to 16 has been, is being or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to the same matter that is lawfully available, that person may apply to the Supreme Court for redress.
2. The Supreme Court shall have original jurisdiction to hear and determine any application made by any person in pursuance of subsection (1), and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing, or securing the enforcement of, any of sections 3 to 16 to the protection of which the person concerned is entitled:
Provided that the Supreme Court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.
3. The Supreme Court shall have such powers in addition to those conferred by this section as may be prescribed for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.
4. The Chief Justice may make rules with respect to the practice and procedure of the Supreme Court, in relation to the jurisdiction and powers conferred upon it by or under this section (including rules with respect to the time within which applications to that court may be made). (Sec. 17)

National Human Rights Bodies

English

1. There shall bear an ombudsman, whose office shall be a public office.
… (Sec. 96)

National Human Rights Bodies

English

1. Subject to this section, the Ombudsman may investigate any action taken by any officer or authority to which this section applies in the exercise of administrative functions of that officer or authority, in any case in which a member of, the public claims, or appears to the Ombudsman, to have sustained injustice in consequence of maladministration in connection with the action so taken and in which
a. a complaint under this section is made;
b. he is invited to do so by any Minister or other member of the Assembly; or
c. he considers it desirable to do so of his own motion.
… (Sec. 97)

Limitations and/or Derogations

English

It is hereby recognised and declared that in Mauritius there have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, each and all of the following human rights and fundamental freedoms
a.the right of the individual to life, liberty, security of the person and the protection of the law;
b.freedom of conscience, of expression, of assembly and association and freedom to establish schools, and
c.the right of the individual to protection for the privacy of his home and other property and from deprivation of property without compensation,
and the provisions of this Chapter4 shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Sec. 3)

Limitations and/or Derogations

English

1. Nothing contained in or done under the authority of a law shall be held to be inconsistent with or in contravention of section 5 or section 16 to the extent that the law authorises the taking during any period of public emergency of measures that are reasonably justifiable for dealing with the situation that exists in Mauritius during that period:
Provided that no law, to the extent that it authorises the taking during a period of public emergency, other than a period during which Mauritius is at war, of measures that would be inconsistent with or in contravention of section 5 or section 16 if taken otherwise than during a period of public emergency, shall have effect unless there is in force a Proclamation of the President declaring that, because of the situation existing at the time, the measures authorised by the law are required in the interests of peace, order and good government.
… (Sec. 18)

Marriage and Family Life

English

1. Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.

3. In this section, 'discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, caste, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.
4. Subsection (1) shall not apply to any law so far as that law makes provision

c.for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description.
… (Sec. 16)

Participation in Public Life and Institutions

English

1. Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.

3. In this section, 'discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, caste, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.

5. Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, caste, place of origin, political opinions, colour, creed or sex) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, any office in the service of a local authority or any office in a body corporate established directly by any law for public purposes.
… (Sec. 16)

Political Rights and Association

English

It is hereby recognised and declared that in Mauritius there have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, each and all of the following human rights and fundamental freedoms

b.freedom of conscience, of expression, of assembly and association … (Sec. 3)

Political Rights and Association

English

1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and, in particular, to form or belong to, trade unions or other associations for the protection of his interests.
… (Sec. 13)

Political Rights and Association

English

1. Subject to section 43, a person shall be entitled to be registered as an elector if, and shall not be so entitled unless
a. he is a Commonwealth citizen of not less than the age of 18 years; and
b. either he has resided in Mauritius for a period of not less immediately before such date as may be prescribed by Parliament domiciled in Mauritius and is resident, there on the prescribed date.
… (Sec. 42)

Electoral Bodies

English

1. The Electoral Supervisory Commission shall have general responsibility for and shall supervise, the registration of electors for the election of members of the Assembly and the conduct of elections of such members and the Commission shall have such powers and other functions relating to such registration and such elections as may be prescribed.
2. The Electoral Commissioner shall have such powers and other functions relating to such registration and elections as may be prescribed, and he shall keep the Electoral Supervisory Commission fully informed concerning the exercise of his functions and shall have the right to attend meetings of the Commission and to refer to the Commission for their advice or decision any question relating to his functions.
… (Sec. 41)

Head of State

English

1. There shall be a President who shall-
a.be the Head of State and Commander-in-Chief of the Republic of Mauritius;

2. a. The President shall
i.be elected by the Assembly on a motion made by the Prime Minister and supported by the votes of a majority of all the members of the Assembly;

3. No person shall be eligible for election to the office of President unless he is a citizen of Mauritius who is not less than 40 years of age and has resided in Mauritius for a period of not less than 5 years immediately preceding the election.
… (Sec. 28)

Vice-President

English

3. No person shall be eligible for election to the office of President unless he is a citizen of Mauritius who is not less than 40 years of age and has resided in Mauritius for a period of not less than 5 years immediately preceding the election.
… (Sec. 28)

Vice-President

English

1. Subject to subsection (7), there shall be a Vice-President of the Republic of Mauritius.
2. The Vice-President shall
a.be elected in the manner specified in section 28(2)(a)(i) and, subject to this section and section 30, hold office for a term of 5 years and shall be eligible for re-election;
b.perform such functions as may be assigned to him by the President.
3. No person shall be eligible for election to the office of Vice-President unless he satisfies the conditions specified in section 28 (3).
… (Sec. 29)

Government

English

1. There shall be a Prime Minister and a Deputy Prime Minister who shall be appointed by the President.
2. There shall be, in addition to the offices of Prime Minister, Deputy Prime Minister and Attorney-General, such other offices of Minister of the Government as may be prescribed by Parliament or, subject to any law, established by the President, acting in accordance with the advice of the Prime Minister:
Provided that the number of offices of Minister, other than the Prime Minister, shall not be more than 24.
3. The President, acting in his own deliberate judgment shall appoint as Prime Minister the member of the Assembly who appears to him best able to command the support of the majority of the members of the Assembly, and shall, acting in accordance with the advice of the Prime Minister, appoint the Deputy Prime Minister, the Attorney-General and the other Ministers from among the members of the Assembly. … (Sec. 59)

Government

English

1. There shall be a Cabinet for Mauritius consisting of the Prime Minister and the other Ministers.
… (Sec. 61)

Legislature

English

1. There shall be a Parliament for Mauritius, which shall consist of the President and a National Assembly.
2. The Assembly shall consist of persons elected in accordance with the First Schedule, which makes provision for the election of 70 members. (Sec. 31)

Legislature

English

Subject to section 34, a person shall be qualified to be elected as a member of the Assembly if, and shall not be so qualified unless, he
a.is a Commonwealth citizen of not less than the age of 18 years;
b.has resided in Mauritius for a period of, or periods amounting in the aggregate to, not less than 2 years before the date of his nomination for election;
c.has resided in Mauritius for a period of not less, than 6 months immediately before that date; and
d.is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the Assembly. (Sec. 33)

Property, Inheritance and Land Tenure

English

It is hereby recognised and declared that in Mauritius there have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, each and all of the following human rights and fundamental freedoms—

c. the right of the individual to protection his home and other property … (Sec. 3)

Property, Inheritance and Land Tenure

English

1. Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.

3. In this section, 'discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, caste, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.
4. Subsection (1) shall not apply to any law so far as that law makes provision

c. for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description.
… (Sec. 16)

Protection from Violence

English

It is hereby recognised and declared that in Mauritius there have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, each and all of the following human rights and fundamental freedoms
a. the right of the individual to life, liberty, security of the person and the protection of the law;
… (Sec. 3)

Protection from Violence

English

1. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced labour.
… (Sec. 6)

Protection from Violence

English

1. No person shall be subjected to torture or to inhuman or degrading punishment or other such treatment.
… (Sec. 7)

Public Institutions and Services

English

1. The law to be applied with respect to any pensions benefits that were granted to any person before 12 March 1968 shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person.

5. In this section, "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers or for the widows, children, dependents or personal representatives of such persons in respect of such service.
… (Sec. 94)

Public Institutions and Services

English

1. Where under any law any person or authority has a discretion
a.to decide whether or not any pensions benefits shall be granted; or
b.to withhold, reduce in amount or suspend any such benefits that have been granted,
those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the appropriate Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them.

6. In this section, "pensions benefits' means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers or for the widows, children, dependents or personal representatives of such persons in respect of such service. (Sec. 95)

Status of the Constitution

English

This Constitution is the supreme law of Mauritius and if any other law is inconsistent with this Constitution, that other law shall, to the extent of the inconsistency, be void. (Sec. 2)

1

Links to all sites last visited 2 March 2016

2

Chapter II on Protection Of Fundamental Rights And Freedoms Of The Individual.

3

Chapter II on Protection Of Fundamental Rights And Freedoms Of The Individual.

4

Chapter II on Protection Of Fundamental Rights And Freedoms Of The Individual.