Article 99

1. The President of the Republic shall be elected for a period of five year. The candidates for the office of the President of the Republic must passes the following qualifications :

1. they must be qualified for election as a deputy ;
2. they must have had higher education ;
3. they must have completed the age of thirty five years ;
4. they must have been born of a Turkish father and mother and must be a citizen of the Turkish Republic of Northern Cyprus: and
5. they must have been ordinarily resident in Cyprus for a minimum period of five years immediately preceding the election.

2. A candidate in order to be elected as President of the Republic must obtain the absolute majority of the total number of valid votes cast. If no candidate thus obtains the absolute majority, the election shall be repeated after seven days between the two candidates who obtained the greater number of valid votes cast and the candidate who gets a such repeated election the highest number of valid votes cast shall be elected as President of the Republic.
3. The President of the Republic cannot do any work other than his official duties. He cannot undertake, directly or indirectly, any business engagements of the State or of public bodies.
4. The salary, representation and cost of living allowances and travelling expenses of the President of the Republic shall be regulated by law.

Article 100

The President of the Republic shall take the following oath on his investiture:

I do swear upon my honour and dignity that I shall preserve the existence and independence of the State, the indivisibility of the homeland and its people and the unconditional sovereignty of the people; that I shall be bound by the principle of the supremacy of law and by the principles of a democratic, secular and social State under the rule of law and the principles of Atatürk; that I shall work for the welfare and happiness of my people; that I shall not depart from the ideal that every citizen must benefit from human rights and fundamental rights and liberties and that I shall remain loyal to the Constitution and laws ; and that I shall do all in my power to exalt the Turkish Republic of Northern Cyprus and to perform impartially the duties I have undertaken.”

Article 101

In the event of the President of the Republic being a member of a political party he shall not be bound by the decisions of his party and he shall act independently. A person cannot at the same time be the President of the Republic and the Chairman of a Party.

Article 102

1. The President of the Republic shall be the Head of the State. In this capacity he shall represent the unity and integrity of the State and the community.
2. The President of the Republic shall ensure respect for the Constitution of the Republic, the carrying out of public affairs in an uninterrupted and orderly manner and the continuity of the State.
3. The President of the Republic shall represent, on behalf of the Assembly of the Republic, the office of the Commander-in-Chief of the Armed Forces of the Republic.
4. The President of the Republic shall exercise any other powers and perform impartially any other duties entrusted to him by this Constitution and laws.

Article l03

1. The President of the Republic shall not be responsible for acts committed in the execution of his duties. The Prime Minister and the Minister concerned, whose signatures appear thereon, shall be responsible for appointment orders jointly signed together with the President of the Republic.
2. The Assembly of the Republic may accuse the President of the Republic for high treason by a decision taken by at least a two-third majority of the total number of its members.
3. The President of the Republic shall be tried before the Council of State (Yüce Divan). If the Council of State considers the accusation justified, the term of office of the President shall be terminated, if he is not found guilty he shall resume his duties as President of the Republic.
4. Upon the decision of the Assembly of the Republic to level such an accusation, the President of the Republic cannot continue his duties. In such cases, the provisions of Article 105 of this Constitution shall be applied.
5. The formal personality of the Office of the President cannot be insulted.

Article 104

1. The Office of the President of the Republic shall become vacant upon his death, upon his absence from, work other than temporary absence, and upon his written resignation sent to the President of the Supreme Court.
2. If due to health reasons the President of the Republic shall become permanently incapable of performing his duties, the Council of Ministers shall inform the President of the Supreme Court of the situation. If the Supreme Court sitting as the Constitutional Court decides that the President of the Republic is permanently incapacitated for performing his duties, the Office of the President of the Republic shall he deemed to have become vacant.
3. In the event of the Office of the President of the Republic becoming vacant, the vacancy shall be filled by an election to be held within a period not exceeding forty five days of the occurrence of such vacancy.

Article 105

1. In the event of the President of the Republic being temporarily absent from his office for reasons such as of illness or travel abroad, or in the event of the Office of the President of the Republic becoming vacant, for any reason, the President of the Assembly shall act as President of the Republic until the President of the Republic resumes his duties or until a new President of the Republic is elected, as the case may be.
2. The President of the Assembly of the Republic cannot exercise the powers enumerated in Article 88 of this Constitution, while acting as President of the Republic.

Chapter II

COUNCIL OF MINISTER

Article 106

1. The Council of Ministers of the Turkish Republic of Northern Cyprus shall be composed of the Prime Minister and the Ministers. The Prime Minister shall be appointed by the President of the Republic from amongst the deputies in accordance with the provisions of this Article.
2. The President of the Republic shall entrust the duty of the formation of the Council of Ministers to the President of a group or to a deputy who is likely to obtain a vote of confidence.

   Every deputy who is given a mandate to form the Council of Ministers shall be bound to complete the mandate or return it within fifteen days, at the latest.

3. The President of the Republic shall appoint the Prime Minister and on the proposal of the Prime Minister, the Ministers in accordance with the provisions of paragraph (2) above. The President shall terminate the appointment of any Minister at the request of the Prime Minister.
4. The Ministers may be appointed from amongst persons who are not deputies; provided that such persons shall possess the qualifications required of a Person to be elected as a deputy.
5. The Prime Minister and the deputies who have been appointed as Ministers shall not lose their membership of the Assembly of the Republic. The Ministers appointed to the Council of Ministers from outside the Assembly shall benefit from immunity in the same way as deputies but shall not vote in the Assembly of the Republic.
6. The existing Council of Ministers shall continue in office until the new Council of Ministers is appointed by the President of the Republic.

Article 107

1. The Prime Minister shall ensure interministerial co-operation, the application of the general policy of the Council of Ministers and the application of laws.
2. The Prime Minister shall be responsible for ensuring that the Ministers perform their duties in accordance with the Constitution and laws, for securing the orderly functioning and discipline of the Council of Ministers and for taking the necessary corrective measures.
3. The Prime Minister shall be responsible to the Assembly of the Republic for the programme of the Council of Ministers and for its application or for any important political move.
4. The Prime Minister shall preside over the Council of Ministers. The President of the Republic may preside over the Council of Ministers in cases where he considers it necessary or at the request of the Prime Minister. The President of the Republic shall not have the right to vote.
5. The Prime Minister cannot do any work other than his official duties. He cannot undertake, directly or indirectly, any business engagement of the State and of public bodies.

   The salary, representation and cost of living allowances and the travelling expenses of the Prime Minister shall be regulated by law.

6. The Prime Minister shall exercise any other powers and perform any other duties conferred on him by the Constitution and laws.

Article 108

1. The Ministries shall be established and abolished in accordance with the number and principles provided by the Constitution, on the proposal of the Prime Minister and approval of the President of the Republic, by an order published in the Official Gazette.

   Provided that such order shall come into operation only if the Prime Minister concerned receives a vote of confidence.

2. The number of ministries shall in no case exceed ten. The central organisation of each Ministry and which departments and services shall be attached to it shall be regulated by regulations to be made in accordance with the principles laid down by law.
3. In Ministries where the office of the Minister is vacant or where a Minister is on leave or temporarily incapacitated to perform the duties of his office, another Minister may act for him temporarily. Provided that a Minister shall not act for more than one Minister.
4. A Minister against whom a charge is preferred before the Council of State (Yüce Divan) by a decision of the Assembly of the Republic, shall forfeit the office of Minister. In the event of the Prime Minister being so changed before the Council of State (Yüce Divan), the Council of Ministers shall be deemed to have resigned.
5. In the event of a vacancy occurring in the office of Minister for any reason, such vacancy shall be filled within ten days, at the latest.

Article 109

1. The complete list of the Council of Ministers appointed by the President of the Republic shall be submitted to the Assembly of the Republic. If the Assembly of the Republic is in recess, it shall be convened immediately. The programme of the Council of Ministers shall be read by the Prime Minister or by a Minister within a week of its appointment at the latest.
2. After the programme is read before the Assembly of the Republic, recourse shall be had to a vote of confidence. The debate on the vote of confidence shall begin after the lapse of two full days from the reading of the programme and the vote of confidence shall be held after the lapse of one full day from the end of such debate. No motion for a vote of no confidence shall be tabled against a Council of Ministers, which has obtained a vote of confidence, before the lapse of three months from the date of the vote of confidence.
3. A motion for a vote of no confidence against the Prime Minister may be tabled by at least nine deputies. Another motion of no confidence cannot be made before the lapse of three months from the date of the refusal of the previous motion of no confidence.

   The decision whether a motion of no confidence shall be included on the agenda or not, shall be taken at the second meeting following its submission. A vote of no confidence cannot be taken before the lapse of one full day after the close of the general debate on the motion of no confidence.

4. The Prime Minister may, if he considers it necessary, ask for a vote of confidence from the Assembly of the Republic, at any time, after discussing the matter at the Council of Ministers. The request for a vote of confidence cannot be debated until after the lapse of one full day from the making of the request to the Assembly of the Republic and the requests cannot be put to vote until after the lapse of one full day from the end of the debate. The vote of confidence sought in this manner can be rejected only by an absolute majority of the total number of the members of the Assembly of the Republic.
5. In the event of the majority of the members of the Council of Ministers being replaced within a period of thirty days, the Prime Minister shall ask for a vote of confidence.
6. The Prime Minister who fails to obtain a vote of confidence, or whose request for a vote of confidence shall be rejected or a motion for a vote of no confidence against him is carried by an absolute majority of the total number of members of the Assembly of the Republic, shall submit his resignation to the President of the Republic.

Article 110

1. Each Minister, apart from being responsible to the Prime Minister shall also be responsible for matters coming under his authority and for the actions of those working under him.
2. Each Minister shall be the chief hierarchic officer of his Ministry's central organisation and of the Departments and service units attached to his Ministry.
3. The executive duties of each Minister shall include the following :

1. to apply the laws concerning his Ministry and to administer all matters and affairs which normally come within the authority of his Ministry ;
2. to prepare the orders, rules and regulations concerning his Ministry for submission to the Prime Minister and the Council of Ministers;
3. to publish directions; circulars and similar texts for the application of any law concerning his Ministry and of any rules and regulations issued thereunder ;
4. to prepare that part of the Republic's budget which concerns his Ministry for submission to the Council of Ministers and to apply such budget.

1. The Ministers cannot engage in any work other than their official duties. They cannot undertake, a directly or indirectly, any business engagement of the State and of public bodies.

   The salaries the representation and cost of living allowances and the travelling expenses of the Ministers shall be regulated by law.

2. The Ministers shall exercise any other powers and shall perform any other duties conferred on them by the legislation in force, by the Prime Minister and by the Council of Ministers.

Article 111

1. The Republic’s Security Council shall, be composed of the President of the Assembly, the Prime Minister, the Ministers of Interior, Foreign Affairs and Defence, the Commander of the Armed Forces and the, Commander of Police, under the Chairmanship of the President of the Republic.

   Other interested Ministers and persons may be invited and their views obtained, at the request of the Prime Minister, according to the nature of the agenda. Secretarial work of the Security Council shall be carried out by the Office of the Prime Minister.

2. The Republic’s Security Council shall furnish its views to the Council of Ministers on the taking of the decisions relating to the determination and implementation of the State's and country's security policy and on securing the necessary co-ordination. Decisions relating to measures considered necessary by the Security Council for the protection of the existence and independence of the State, of territorial integrity and indivisibility of the country and of the peace and security of the community shall receive priority consideration by the Council of Ministers.

Article 112

1. The Council of Ministers may, in cases of urgency issue orders having the force of law in economic matters. An order having the force of law shall come into force on its publication in the Official Gazette and it shall be submitted to the Assembly of the Republic, together with its objects and reasons, on the same day.
2. Orders having the force of law submitted to the Assembly of the Republic shall be debated and decided upon in the Committees and the General Assembly with priority and urgency before any other matter, in accordance with the provisions of the standing orders relating to the debate of Laws.
3. The Assembly shall give its decision on these matters within ninety days.
4. New economic burdens cannot be imposed and personal and political rights and 1iberties cannot be restricted by means of orders envisaged by this Article.

Chapter III

THE ADMINISTRATIVE PROVISIONS

Article 113

1. The State administration is a whole with its structure and duties and shall be regulated by law.
2. The structure and duties of the State administration shall be based upon the principles of central and local government.
3. A public corporate body can only be established by law or on the authority expressly given by law.

Article 114

1. An ombudsman shall be appointed by the President of the Republic with the approval of the Assembly to control whether any service or act of the administration has been carried out in accordance with the legislation in force and court decisions or to control any service or act done by or on behalf of any executive or administrative unit or officer and to carry out enquiries and submit reports on such services and acts and to perform any other duties specified, in the law.
2. The qualifications, powers and duties of the Ombudsman shall be regulated by law.

   The conditions for the dismissal of the ombudsman shall be the same as those applied to a member of the Supreme Court.

3. Matters connected with judicial organs, foreign policy and the defence of the country are not included in the duties of the ombudsman.

Article 115

The establishment, duties and powers of the Government Departments and service units shall be regulated by law.

Article 116

The Turkish Republic of Northern Cyprus shall, from the point of view of the organisation of central administration, be divided into divisions prescribed by law according to geographical situation, economic conditions and exigencies of the public services.

Article 118

1. The establishment, duties, powers and responsibilities of the Police Organization shall be regulated by law.
2. The police are charged with performing their duties within the framework of the Constitution and laws with due respect to the principles of a democratic State under the rule of law and to the fundamental rights of citizens.

Article 119

1. Local authorities are public corporate bodies established for meeting the local common requirements of the people of a district, municipality, village or quarter, the principles governing the establishment of which are specified by law and the decision-making organs of which are constituted by elections.
2. The establishment, duties and powers of local authorities shall be regulated by law in accordance with the principle of local administration.
3. Elections for the organs of local authorities shall be held once in every four years in accordance with the provisions of Article 68.

Article 120

1. The substantive and continuous duties necessitated by the public services which the State is obliged to provide in accordance with the principles of general administration, shall be carried out by public servants.
2. The substantive and continuous duties necessitated by the public services which the public utility enterprises and other public corporate bodies are obliged to provide in accordance with the principles of general administration, shall be carried out by other public personnel.

Article 121

1. The qualifications, appointments, duties and powers, rights and responsibilities, salaries and allowances and other personal matters of public servants shall be regulated by law.
2. Impartial and independent organ or organs shall be established to exercise power with regard to the appointment, confirmation, emplacement on the permanent and pensionable establishment, promotion, transfer, retirement of public officers and any disciplinary proceedings against them including dismissal and removal from office but excluding disciplinary proceedings necessitating the punishment of warning or reprimand. The establishment and functions of such organ or organs shall be so regulated by law as to render possible the making of separate arrangements in respect of a particular section of public officers having regard to the particular nature of the services rendered by them.

   Provisions relating to judges, law officers, members of the armed forces and the police and the other provisions of the Constitution in the respect shall be reserved.

3. The qualifications, appointments, duties and powers, rights and responsibilities, salaries and allowances and other personal matters of the public personnel shall be regulated by law in accordance with the particular nature of the services run by the bodies employing such personnel.
4. Where it is intended to take disciplinary action against public servants and other public personnel, the person concerned shall be notified expressly and in writing of the accusation against him, he shall be asked to make his written defence and he shall be given a fixed period for making his defence. No disciplinary action shall be taken unless the above provisions are complied with and disciplinary decisions shall not be left outside the jurisdiction of courts of justice.

   The provisions of this Constitution relating to judges and law officers shall be reserved.

5. Public servants carrying out the duties of a high ranking administrator shall be appointed by an order under the signatures of the Minister concerned, the Prime Minister and the Head of State. Provisions in this respect shall be regulated by law.
6. With the exception of the employment of labourers, no appointments shall be made to the public service, public bodies and public utility enterprises from the date of the publication in the Official Gazette of the election date of the Assembly of the Republic until the date when the new Council of Ministers shall assume duties after the election; promotions, transfers and revision of salary scales shall be suspended completely during the said period.

The manner and the conditions under which these provisions shall be applied, shall be regulated by law.

Article 122

Unless the Constitution or a law gives express power no organ of the State shall make rules and put them into operation. Regulations shall be made and put into force only in accordance with the rules.

Article 123

1. Any person employed in the public service under any capacity whatsoever, shall not obey an order given by his superior, if he considers such order to be contrary to the provisions of any regulations, rules, law or of the Constitution and shall notify the person giving the order of such contrariness. But if the superior insists on his order and repeats it in writing, the order shall be obeyed and in such a case the person obeying the order shall not be held responsible.
2. Any order, the subject matter of which constitutes an offence, shall not be obeyed under any circumstances; any person obeying such an order cannot escape responsibility.
3. Exceptions relating to the execution of military services, and to the safeguarding in urgent situations of public order and public security, as provided by law, shall be reserved.

Chapter IV

STATE OF EMERGENCY

Article 124

The Council of Ministers meeting under the chairmanship of the President of the Republic may, in cases of acts of God, dangerous infectious diseases or serious economic crisis, declare a state of emergency, in one or more areas or in the whole of the country for a period not exceeding three months.

Article 125

The Council of Ministers meeting under the chairmanship of the President of the Republic, may, after consulting the Security Council of the Republic in cases where there are strong signs of widespread acts of violence aimed at the elimination of the liberal and democratic order set up by the Constitution or the fundamental rights and liberties, declare a state of emergency in one or more areas or in the whole of the country, for a period not exceeding three months.

Article 126

1. Where it is decided to declare a state of emergency in accordance with Articles 124 and 125 of the Constitution, the declaration shall be published in the official Gazette and shall immediately be submitted to the approval of the Assembly of the Republic. If the Assembly of the Republic is in recess it shall immediately be convened for the purpose. The Assembly of the Republic may, by a majority of the total number of its members, amend the declaration or the period of the state of emergency, abolish the state of emergency or, at the request of the Council of Ministers, extend it for periods not exceeding two months at a time.
2. On the declaration of a state of emergency, the Articles of the Constitution the operation of which have been suspended, partly or wholly, during the continuation of the state of emergency shall be expressly stated: The Articles of the Constitution to be so suspended shall be limited to those Articles of the Constitution which are necessary for the elimination of the causes which necessitated the declaration of the state of emergency.

Articles 16, 20, 2l, 22, 24, 32, 33, 41(5)(d), 42, 48, 49(3), 53 and 54:

Article 127

1. The Council of Ministers meeting under the chairmanship of the President of the Republic may, after consulting the Security Council of the Republic, proclaim martial law in one or more areas or in the whole of the country, for a period not exceeding three months for reasons such as the spread of violence more serious than that necessitating the declaration of a state of emergency or aimed at the elimination of the liberal and democratic order recognised by the Constitution or of the fundamental rights and liberties ; the existence of a state of war or circumstances necessitating war ; the starting of an insurrection or the spread of a strong and active uprising against the country or the Republic or of acts of violence endangering internally or externally the indivisibility of the country and of the people. Such proclamation shall immediately be published in the Official Gazette and shall, be laid forthwith before the Assembly of the Republic, for approval. If the Assembly of the Republic is not meeting, it shall immediately be convened for the purpose. The Assembly of the Republic may, by an absolute majority of the total number of its members amend the proclamation or martial law, extend or shorten the period of martial law or abolish the martial law if it considers this necessary.
2. The extension of the martial law for a period not exceeding two months at a time is subject to the decision of the Assembly of the Republic. This period may be dispensed with in times of war.
3. Matters such as which provisions shall be applied and how proceedings will be conducted, relations with .the Administration, how liberties will be restricted or suspended and the obligations to be imposed on citizens in the event of war or of a situation necessitating war, shall be regulated by law.

Article 128

1. The Council of Ministers meeting under the chairmanship of the President of the Republic may, while, a state of emergency or martial law is in force, issue orders having the force of law on matters necessitated by the state of emergency or the martial law. Such orders shall be published in the Official Gazette and submitted forthwith to the Assembly of the Republic for approval. Such orders, unless rejected by the absolute majority of the total number of the members of the Assembly of the Republic, shall remain in force for the duration of the state of emergency or martial law.
2. The provisions of Paragraphs (2) and (3) of Article 112 shall also apply to orders having the force of law so submitted.