His Majesty King Hamad bin Isa Al Khalifa recently issued a new Decree-Law in Bahrain, amending Article (XXVIII) of Decree-Law (15) of 2002 regarding the Shura and Representatives Councils. The amendment, proposed by the Prime Minister and approved by the Cabinet, outlines the process for revoking the membership of a member of the Council of Representatives. According to the updated text, membership can be revoked if a member loses the confidence or respect of the Council, fails to fulfill their duties, or if it is discovered that they lacked the required conditions for election or during their membership. The decision to revoke membership must be made by a two-thirds majority vote of the Council members.
Furthermore, the new law allows official bodies to request the Court of Cassation to rule on the invalidation of a member’s membership in certain cases. If the court rules in favor of invalidation, the member’s membership will be annulled from the date of the ruling. Importantly, the court’s decision will not affect the work done by the member during their time in the Council or any rights they have obtained. Any conflicting text with the provisions of this law will be repealed.
The implementation of the amended law falls on the shoulders of the Prime Minister and the ministers, each in their respective capacity. The law will come into effect from the day following its publication in the Official Gazette. This new Decree-Law is aimed at maintaining the integrity and efficiency of the Council of Representatives by establishing a clear process for revoking membership in cases where a member is no longer fit to serve or has violated the requirements of their position.
The amendment addresses the need for accountability and responsibility among members of the Council of Representatives, ensuring that they uphold the values and duties expected of them. By requiring a two-thirds majority vote for revoking membership, the law emphasizes the importance of collective decision-making and consensus within the Council. This process aims to prevent any arbitrary or unjust revocation of membership and reinforces the principles of democracy and transparency in the governance of Bahrain.
The provision allowing official bodies to request the Court of Cassation to invalidate a member’s membership adds an extra layer of accountability and oversight to ensure that members are held to a high standard of conduct. This mechanism serves as a safeguard against any potential abuse of power or misconduct by members of the Council. The Court of Cassation’s role in determining the validity of a member’s membership provides an impartial and judicially reviewable process for handling cases of misconduct or incompetence.
Overall, the issuance of this Decree-Law reflects the commitment of Bahrain to upholding the principles of good governance, accountability, and transparency in its legislative bodies. By setting clear guidelines for revoking membership in the Council of Representatives, the law aims to maintain the credibility and effectiveness of the Council by ensuring that its members are held to the highest standards of conduct and performance. Through this amendment, Bahrain continues to strengthen its democratic institutions and promote the rule of law in the country.
