Article 129

1. The establishment and administration of broadcasting and television established by law and their organs shall be elected by them and from amongst their members.
2. The elected organs of these organizations shall not be removed, either permanently or temporarily, from office without a court order.
3. The rules and the administration and functions of professional organizations shall not be contrary to democratic principles.

Article 130

1. The establishment and administration of broadcasting and television stations shall be regulated by law.
2. All radio and television broadcasts shall be made in accordance with the principles of impartiality.
3. The principles of compliance with the requirements of a democratic, secular and social State under the rule of law based on human rights and on the exigencies of national security and public orals, in the selection and transmission of news and programmes and in the carrying out of the duty for the furtherance of culture and education and in securing the correctness of news; and the election of the executive organs, their powers, duties and responsibilities shall be regulated by law.
4. News agencies established by the State or receiving financial assistance from the State shall comply with the above provisions.
5. The right of politica1 parties to benefit from radio, television, news, agencies and other similar State authorities shall be regulated by law.
6. Facilities for propaganda and election speeches over the radio and television by political parties, taking part in the elections or in a referendum, shall be regulated by law.

Article l31

1. The institution of Vakf and the Fundamental Evcaf Rules (Ahkâmul Evkaf) are recognised by this Constitution.
2. All matters relating to or in any way affecting the institution or foundation of Vakf or any Vakf properties, including properties belonging to mosques and any other Moslem Religious institutions, shall be subject exclusively to the Fundamental Evcaf Rules (Ahkâmül Evkaf); the legislation in force and the laws to be enacted by the Assembly of the Republic after the coming into force of this Constitution.
3. Vakfs, the income of which belongs to the Evkaf Administration, shall be exempted from any form of taxation.
4. The establishment and functioning of the Vakfs Organisation and the Religious Affairs Office shall be regulated by law and they shall carry out the duties prescribed by law.
5. The State shall help the Evkaf in the execution of religious services·and in meeting the expenses of such services.

Chapter VI

ECONOMIC AND FINANCIAL PROVISIONS

Article 132

1. The Court of Audit, which is an organ of financial control, shall audit pub1ic revenue and expenditure and shall inform the Assembly and the Council of Ministers of the Republic of the result. It shall assist the Assembly and the Council of Ministers on financial matters.
2. The appointment of the President and members of the Court of Audit and its establishment and functions shall be regulated by law.

Article 133

The control of the income and expenditure of public utility companies shall be regulated by law.

Article 134

1. Economic, social and cultural development shall be based on a plan and shall be carried out according to such plan.
2. The establishment and duties of the organisation concerned with planning, the principles to be observed in the preparation, execution, application and change of the plan and measures to guard against amendments tending to impair the unity of the plan, shall be regulated by legislation.

Article 135

Unless express power is given by law, the State shall not, directly or indirectly, be put under any financial obligation and no fund shall the constituted unless established by law.

PART V. - THE JUDICIARY

Chapter I

GENERAL PROVISIONS

Article 136

1. Judges shall be independent in their duties and they shall judge in accordance with the Constitution, the laws, legal principles and the opinion dictated by their conscience.
2. No organ, office, authority or person can give orders or instructions: send circulars or make recommendations or suggestions to courts and judges in the exercise of their judicial powers.
3. No questions can be asked, no debate can be held and no statement can be made in the Assembly of the Republic relating to the exercise of judicial power in a case which is under trial. The Legislative and Executive organs and the administrative authorities of the State shall comply with Court decisions; such organs and authorities cannot in any way change court decisions or delay their execution.

Article l37

1. Judges cannot be dismissed; they cannot be retired before the age provided by the Constitution, unless they so desire, and they cannot be deprived of their acquired rights even in the event of the abolition of a court or a post.
2. The exceptions provided by law concerning judges who are convicted of an offence entailing dismissal from office; concerning judges whose incapability to discharge their duties for reasons of ill health has been definitely established; concerning judges who do work incompatible with their profession; and concerning judges who have been pronounced unsuitable to remain in their profession, shall be reserved.
3. No action shall be brought against judges in respect of words spoken or any act done in the execution of their judicial duties.

Article 138

1. The qualifications, appointments, rights and duties, salaries and allowances and promotions of judges, the temporary or permanent charge of their duties or of their places of duty, the commencement of disciplinary proceedings against them and the imposition of disciplinary penalties, decision to hold an enquiry and to institute legal proceedings against them for offences connected with their duties, instances of in capacity and conviction of an offence which entail dismissal from the profession and other personnel matters shall be regulated by law in accordance with the principle of the independence of courts.
2. The President and members of the Supreme Court shall hold office until they attain the age of sixty-five and other judges until they attain the age of sixty.
3. Judges shall not undertake any general or special duty other than the duties specified by law. They shall not do any work other than their official duties and they shall not undertake, directly or indirectly, any business engagement of the State or public bodies.

Article 139

1. Subject to the provisions of Article l7 (3) of this Constitution sittings of the courts shall be public.
2. All, kinds of judgments given by all courts shall be reasoned judgments in writing.

Article 140

Special provisions may be made by law on matters relating to the trial of juveniles and to the execution of judgments concerning juveniles.

Article 141

1. The Supreme Council of Judicature shall consist of the following members :

1. President and Judges of the Supreme Court ;
2. One member to be appointed by the President of the Republic ;
3. One member to be appointed by the Assembly of the Republic ;
4. The Attorney-General of the Republic ;
5. One member to be elected by the Bar Association.

1. The President of the Supreme Court shall be the chairman of the Supreme Council of Judicature; he shall ensure the implementation of the decisions of the Council of Judicature.
2. The Supreme Council of Judicature shall the general functioning and

1. take the necessary measures for the general functioning and orderly working of the judiciary, for the regular attendance to their duties of the judges and of the public servants working in the Courts, for the running of the affairs in a proficient manner and for the training of the judges and the safeguarding by them of the dignity and honour of the profession ; and
2. at the end of each financial year submit a report to the President of the Republic, the Assembly of the Republic and the Council of Ministers on the situation of judicial affairs and the defects in running them and the reasons, if any, of such defects and advise on measures which it considers necessary to remedy them.

3. Subject to the provisions of Article 138 of this Constitution, the Supreme Council of Judicature shall: be competent to determine all matters relating to the appointment, promotion, the temporary or permanent change of the duties or place of appointment, the termination of appointment and discipline of judges.
4. The duties, powers and working procedure of the Supreme Council of Judicature shall be regulated by law.
5. The appointment of the President and judges of the Supreme Court shall be approved by the President of the Republic.

Article 142

The Supreme Court or any other court shall have power to punish a person who does not obey any of its decisions or orders with imprisonment until he complies with such decision or order but the period of such imprisonment shall not in any case exceed the period of one year.

Chapter II

SUPREME COURT

Article 143

1. The Supreme Court of the Turkish Republic of Northern Cyprus shall be composed of a President and seven judges. In the absence of the President the most senior judge shall act in his place.
2. The Supreme Court shall carry out the duties of the Constitutional Court, the Council of State (Yüce Divan), the Court of Appeal and the High Administrative Court.
3. The Supreme Court shall have jurisdiction to act as the Constitutions Court with the President and for members attending the sitting. The two last appointed judges of the Supreme Court shall act as the reserve judges. In case the President is not present at the sitting, the most senior judge shall preside.

   Where a case is referred to the Constitutional Court under Article 148 of this Constitution, a judge or judges who took part in the decision to refer, shall not sit at the trial of the case referred or take part in the judgmet to be given there.

4. The Supreme Court sitting with the President and two judges or just three judges shall have jurisdiction to act as the Court of Appeal or as the High Administrative Court. The judgments given within the framework of such jurisdiction shall be final. In cases where the President is not present at the sitting the most senior judge shall preside.

   Provided that recourses made directly to the Supreme Court, acting as High Administrative Court, other than those recourses specified by law, shall be examined and determined by a single judge nominated for such duty at the High Administrative Court.

   Judgments given by a single judge are liable to appeal to the High Administrative Court consisting of three judges.

5. Judges of the Supreme Court who shall perform duties at the Court of Appeal or the High Administrative Court, shall, before the beginning of each judicial year, be nominated for that judicial year by the Supreme Court and that judge shall perform duty at the Court of Appeal or the High Administrative Court for one judicial year.

PART III. - DUTIES AND POWERS OF THE CONSTITUTIONAL COURT

Article 144

1. The Supreme Court shall have exclusive jurisdiction to adjudicate finally on all matters prescribed by the provisions of this Constitution, the laws and the Rules of Court.
2. The Constitutional Court, sitting as the Council of State (Yüce Divan), shall within the framework of legislation in force have jurisdiction to try the President of the Republic, the Prime Minister and the Ministers, for any offence committed by them. The duties of the Prosecuting Officer at the Council of State (Yüce Divan) shall be performed by the Attorney-General or the Deputy Attorney-General. The judgments of the Council of State (Yüce Divan) shall be final.

Article 145

1. The Constitutional Court shall have jurisdiction to adjudicate finally on a recourse made in connection with any matter relating to any conflict or contest of power or competence arising between State organs.
2. Where in any matter a question arises which falls within the jurisdiction of the Constitutional Court, such question shall be determined finally by the Constitutional Court.
3. In accordance with paragraph (1) of this Article :

1. the President of the Republic ; or
2. the Assembly of the Republic ; or
3. any other organ of the State,

4. Such recourse shall be made within thirty days of the date when such power or competence is contested.
5. Upon such a recourse the Constitutional Court may declare that the law or the decision or the act which is the subject matter of the recourse is void, either from the time when the conflict or contest arose or ab initio and without any legal effect whatsoever, either in whole or in part, on the ground that such law or decision or act was made or taken or done without power or competence and in either case the Constitutional Court may give directions as to the effect of anything done or left undone under such law, decision or act.
6. Any decision of the Constitutional Court upon such recourse, shall forthwith be notified in writing to the parties concerned and to the President of the Republic who shall cause its publication in the Official Gazette.
7. Upon a recourse under this Article the Constitutional Court may order that the operation of the law or decision or act, which is the subject matter of such recourse, shall be suspended until the determination of the recourse; such order shall be published forthwith in the Official Gazette.

Article 146

1. The President of the Republic may, at any time prior to the promulgation of .any law or of any specified provision thereof or of any decision of the Assembly of the Republic, refer it to the Constitutional Court for its opinion as to whether such law or any specified provision thereof or decision is repugnant to or inconsistent with any provision of the Constitution.
2. The Constitutional Court shall consider every question referred to it under paragraph (1) of this Article and having heard the arguments made on behalf of the President of the Republic and of the Assembly of the Republic shall give its opinion on such question within forty five days at the latest and notify the President of the Republic in writing accordingly.
3. In case the Constitutional Court is of the opinion that such law or decision or any provision thereof is repugnant to or inconsistent with any provision of this Constitution, such law or decision or provision shall not be promulgated by the President of the Republic but it shall be returned to the Assembly of the Republic together with reasons therefor.
4. The provisions of Article 94 relating to the return of laws or decisions or provisions thereof to the Assembly shall not apply to any law, decision or provision so returned.

Article 147

1. The President of the Republic, political parties represented in the Assembly of the Republic, political groups and at least nine deputies or other associations, institutions or trade unions on matters concerning their existence and duties, may directly initiate an annulment suit at the Constitutional Court on the ground that a law, order, rules, Standing Orders of the Assembly of the Republic, decision of the Assembly of the Republic and its regulations, or any of the provisions thereof, is repugnant to or inconsistent with any provision of the Constitution.
2. The right to institute an annulment suit directly in the Constitutional Court, shall lapse after ninety days from the date of the publication in the Official Gazette of the law, order, rules, standing orders of the Assembly of the Republic, decision of the Assembly of the Republic and its regulations, or any of the provisions thereof, the annulment of which is desired.

Article 148

1. A party to any judicial proceedings, including proceedings on appeal, may, at any stage thereof, raise the question of the unconstitutionality of any law or decision or any provision thereof which is material for the determination of any matter at issue in such proceedings and thereupon the Court shall reserve the question for the decision of the Constitutional Court, and stay further proceedings until such question is determined by the Constitutional Court.

   Provided that where a decision has been previously given by the Constitutional Court on the same or similar question regarding the unconstitutionality of any law or decision or any provision thereof the Court may refuse to reserve the question for the decision of the Constitutional Court.

2. The Constitutional Court shall, after hearing the parties, consider and determine the question so reserved for its decision and transmit its decision thereon to the Court by which such question has been reserved.
3. Any decision of the Constitutional Court under paragraph (2) of this Article shall be binding on the Court by which the question has been reserved and on the parties to the proceedings. In case such decision is to the effect that the law or decision or any provision thereof is unconstitutional, such decision shall not, unless the Constitutional Court decides to the contrary, so operate as to make such law or decision or any provision thereof applicable to such proceedings only.

Article 149

The Constitutional Court shall have exclusive jurisdiction to interpret any provision of this Constitution. In the exercise of this jurisdiction it may avail itself of the committee reports concerning the Constitution and of the minutes of the Assembly.

Article 150

1. The decisions of the Constitutional Court shall be final. Such decisions shall not be pronounced unless the reasons therefor are expressed in writing.
2. Any law, order, rules, Standing Orders of the Assembly of the Republic, decision of the Assembly of the Republic, internal regulations or any provisions thereof, the annulment of which has been decided upon by the Constitutional Court, for being inconsistent with the Constitution, shall be null and void as from the date of publication in the Official Gazette of the reasoned judgment.
3. Where necessary, the Constitutional Court may also decide on the date when the annulment decision shall come into farce. This data shall be a date within the period of one year from the date of publication of the judgment in the Official Gazette.
4. The annulment decision shall not be retrospective.

PART IV. - DUTIES AND POWERS OF THE SUPREME COURT

SITTING AS THE COURT OF APPEAL

Article 151

1. The Court of Appeal shall be the highest appellate court in the State; it shall have jurisdiction to hear and determine, subject to the provisions of this Constitution and of any laws and Rules of Court made thereunder, all appeals from a decision of any court.
2. Subject to paragraph (3) of this Article the Court of, Appeal, shall have such original and revisional jurisdiction as is provided by this Constitution or any law.

   Provided that where original jurisdiction is so conferred, such jurisdiction shall be exercised by such judge or judges as the Supreme, Court shall determine. There shall be a right of appeal to the Court of Appeal against decisions so given.

3. The Supreme Court, sitting as the Court of appeal shall have exclusive jurisdiction to issue orders in the nature of " habaes corpus ", to effect release from unlawful detention; " mandamus, to secure the exercise, of powers; " prohibition ", to prohibit the effects of a wrong decision of any Court or of any authority exercising power of a judicial nature; " quo warranto ", to inquire .as to upon what authority an office; being held; and " certiorari ", to quash a decision of any court or an authority exercising quasi-judicial powers.

Chapter V

DUTIES AND POWERS OF THE SUPREME COURT SITTING AS THE

HIGH ADMINISTRATIVE COURT

Article 152

1. The High Administrative Court, shall have exclusive jurisdiction to adjudicate finally on a recourse made to it on a complaint that a decision, an act or omission of any organ, authority or person exercising any executive or administrative authority is contrary to any of the provisions of this Constitution, or of any law or of and·subsidiary legislation made thereunder, or is made in excess or in abuse of powers vested in such organ or authority or person.
2. Such a recourse may be made by a person whose legitimate interest is adversely and directly affected by such decision or act or omission.
3. Such a recourse shall be made within seventy-five days of the date when the decision or act was published or, if not published or in the case of an omission, when it came to the knowledge of the person making the recourse.
4. Upon such a recourse the High Administrative Court may, by its decision -

1. confirm either in whole or in part, such decision or act or omission ; or
2. declare, either in whole or in part, such decision or act to be null and·void and of no effect whatsoever ; or
3. declare that such omission, either in whole or in part, ought not to have been made and that whatever has been omitted should have been performed.

5. Any decision given under paragraph (4) of this Article shall be binding on all courts and all organs or authorities in the State and shall be given effect to and acted upon by the organ or authority or persons concerned.
6. Any person aggrieved by any decision or act declared to be void under paragraph (4) of this Article or by any omission declared thereunder; that it ought not have been made, shall be entitled, if his claim is not met to his satisfaction by the organ, authority or person concerned, to institute legal proceeding for damages or for being granted other remedy and to recover just and equitable compensation to be determined by the court or to be granted such other just and equitable compensation as such court is empowered to grant.

Chapter VI

OTHER DUTIES AND POWERS OF THE SUPREME COURT

Article 153

Subject to the provisions of this Constitution, the establishment, constitution, functions, duties and powers of the Supreme Court shall be regulated by law.

Article 154

1. The Supreme Court shall make Rules of Court under the provisions of this Constitution and of the laws, for regulating the practice and procedure of itself and of any other Court.
2. Without prejudice to the generality of paragraph (1 ) of this Article the Supreme Court may make Rules of Court for the following purposes :-

1. for regulating the court sittings and allocating duties to judges for any purpose ;
2. for the determination by summary proceedings of any appeal or other proceedings which appear to the Supreme Court or such other court before which such proceedings are pending to be frivolous or vexatious or to have been instituted for the purpose of delaying the curse of justice ;
3. for prescribing forms and fees in respect of proceedings in the courts and regulating the cost of, and incidental to, any such proceedings ;
4. for prescribing and regulating the composition of the registries of the courts and the powers and duties or the public servants working in the courts ;
5. for prescribing the time within which any requirement of the Rules of Court is to be complied with.

Chapter VII

SUBORDINATE COURTS

Article 155

1. The judicial power other than that exercised by the Supreme Court under this Constitution and the laws shall be exercised by such subordinate courts and specialized courts as may, subject to the provisions of this Constitution, be provided by a law made thereunder.
2. The establishment, duties and powers, functions and rules of procedure of subordinate courts and specialized courts exercising judicial power shall be regulated by law.

Chapter VIII

MILITARY JUDICIAL POWER AND MILITARY COURT OF APPEAL

Article 156

1. Judicial power relating to military matters shall be exercised by military courts and disciplinary tribunals.
2. Military courts shall have jurisdiction to try such military offences, as may be specified by a special law, committed by persons who are not members of the Armed Forces. Such courts shall also have jurisdiction to try offences committed by persons who are not members of the Armed Forces in the execution of the duties specified in such special law or offences committed by such persons against members of the Armed Forces in places belonging to the Armed Forces as may be specified in such law.
3. The specific offences and persons over which military courts shall have jurisdiction in cases of war, martial law or state of emergency, shall be regulated by law.
4. The establishment, functions, procedure to be followed in trials, personnel matters of judges of military judical organs and the provisions relating to those performing the duties of a prosecuting officer at military courts shall be regulated by law in accordance with the independence of Courts, the security of tenure of judges and the exigencies of service of the Armed Forces.

Article 157

1. The Military Court of Appeal is the Court of the last instance to review decisions and judgments given by military courts.
2. The establishment, functions, procedure to be followed in trials, disciplinary and personnel matters of its members, shall be regulated by law in accordance with the independence of Courts, the security of tenure of judges and the exigencies of service of the Armed Forces.

PART IX. - THE ATTORNEY - GENERAL'S OFFICE

Article l58

1. The Law Office of the Turkish Republic of Northern Cyprus shall be an independent office and its Head shall be the Attorney-General. The Deputy Attorney-General shall act for the Attorney-General in case of his absence.
2. The Attorney-General shall be appointed from amongst persons qualified for appointment as a judge of the Supreme Court and he shall be a permanent member of the judicial system of the Turkish Republic of Northern Cyprus. The Attorney-General shall hold office under the same terms and conditions as a judge of the Supreme Court and shall not be removed from office exception on the like grounds and in the like manner as a judge of the Supreme Court.
3. The Attorney-General of the Turkish Republic of Northern Cyprus shall be the legal adviser of the State, of the President of the Republic, of the Prime Minister, of the Council of Ministers, of the Ministers and of other State organs. He shall exercise all such other powers and shall perform all such other functions and duties as are conferred or imposed on him by this Constitution or by law.
4. (a) The Attorney-General shall have power in the public interest, to institute, conduct, take over and continue or discontinue any proceedings for an offence, in the courts of the Turkish Republic of Northern Cyprus. In Criminal courts the conduct of prosecutions and responsibility therefor shall vest in the Attorney-General. Such power shall be exercised by him in person or by the Deputy Attorney-General or by the Counsels of the State acting in accordance with his instructions.

2. The Attorney-General may, where he considers it necessary, by an order to be published in the Official Gazette, authorise a member of the, police organisation, whom he considers suitable, to prosecute in courts, under his direction and responsibility, road traffic offences which can be settled without a trial under the law.
3. The Attorney-General may, where he considers it necessary, by a order to be published in the Official Gazette, authorise a lawyer appointed to a Ministry or other public institution and qualified to practise as an advocate, to conduct proceedings in Courts in which the Ministry or other public institution concerned is a party.

5. The Attorny-General shall have power to represent the State or its organs in civil and constitutional proceedings in which the State is a party.
6. The Attorney-General, the Deputy Attorney-General and the Counsels of the State shall have the right of audience before any court, and in the exercise of this right shall take precedence over any other person appearing before the court.
7. The Attorney-General shall, at the end of each calendar year, submit a report to the President of the Republic, the Assembly of the Republic and the Council of Ministers on the defects seen in the general functions and in the execution of the duties of the Law Office and the reasons, if any, for such defects and submit his recommendations on the, measures which he considers necessary to remedy them.
8. Subject to the provisions of this Constitution, the establishment and functions of the Law Office of the Turkish Republic of Northern Cyprus, the qualifications and appointment of the Attorney-General, Deputy Attorney-General and Counsels of the State, their rights and duties, salaries and allowances, promotion, the taking of disciplinary action against, and the imposition of disciplinary penalties on, them and their other personnel matters shall be regulated by law in accordance with the principles governing the independence of courts and the security of tenure of judges.