Constitution of the Czechoslovak Socialist Republic

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Constitution of the Czechoslovak Socialist Republic (1960)
National Assembly of Czechoslovakia

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From Constitutional and Parliamentary Information published by the Inter-Parliamentary Union, 1961. Errors corrected. Significant sections were subsequently repealed by the Constitutional Act on the Czechoslovak Federation.

4381155Constitution of the Czechoslovak Socialist Republic1960National Assembly of Czechoslovakia

Preamble

I

We, the working people of Czechoslovakia, solemnly declare that:

The social system for which whole generations of our workers and other working people have fought and which, since the victory of the Great October Revolution, they have had as an example before their eyes, has now under the leadership of the Czechoslovakia Communist Party also come into being in this country.

Socialism has become victorious in our homeland.

We have entered a new era in our history and we are resolved to march on towards new and still higher goals. In completing Socialist construction, we are moving on to the construction of an advanced Socialist society and we are gathering our forces for the transition to Communism.

On this road we shall march hand in hand with our great ally, the fraternal Union of Soviet Socialist Republics, and with all the other friendly countries of the world Socialist system, of which our Republic is a firm link.

We want to live in peace and friendship with all nations of the world, to contribute to peaceful coexistence and good relations between States with different social systems. By a consistent peace policy and by the general advancement of our country we shall help all nations to realise the advantages of Socialism, which is the only road to the welfare of all humanity.

II

Fifteen years ago, in the year 1945, our working people, liberated by the heroic Soviet Army from the chains of the Fascist occupation, decided, in view of their experience with the bourgeois Republic, to organisme their liberated country as a People's Democracy, the mission of which was to ensure peaceful development towards Socialism. The Czechoslovak Communist Party, the well-tried vanguard of the working class, which had been tempered in struggles during the bourgeois Republic and the occupation took up its place at the head of the Republic. The last large-scale attempt by international and internal reaction to thwart this development was warded off by the resolute action of the working people in February 1948.

Thus our working people first rid themselves of alien rule and then also of capitalist exploitation and became masters in their own land. During these fifteen years they have succeeded in achieving through their work and their consistent efforts successes of a kind which were unthinkable under capitalism. The advantages of the Socialist system have manifested themselves in this country quite clearly and convincingly.

The appearance of the whole country has been basically changed. Our national economy is developing and strengthening as never before. Production is growing year after year, and the living standard of all working people is constantly improving. There are no longer any exploiting classes in this country of ours, the exploitation of man by man has been eliminated forever. There are no economic crises, there is no unemployment. Education and culture are becoming the common property of all working people.

Both nations, the Czechs and the Slovaks, who established the Czechoslovak Republic, are living in fraternal harmony. The joint construction of Socialism has enabled Slovakia rapidly to overcome her former backwardness and advance to a high level in industry and agriculture.

The Czechoslovak State, in which the working people headed by the working class organised themselves, has become a people's organisation in the most genuine sense of the word — a Socialist State.

In our country all fundamental tasks of the transition from a capitalist society to a Socialist society have already been fulfilled. Human labour, set free, has become the fundamental factor in the whole of our community. It is now not only a duty, but also a matter of honour for every citizen. Now the principle of Socialism is being put into effect:—

« From each according to his abilities, to each according to his work. »

People's Democracy — as the road to Socialism — has fully justified itself: it has brought us to the victory of Socialism.

III

All our efforts are directed towards the creation of the material and spiritual conditions for the transition of our society to Communism.

By developing Socialist statehood we shall continue to improve our Socialist democracy, to expand the participation of our working people in State administration and economic management, to consolidate the political and moral unity of our society, to safeguard the defence of the country, to guard the revolutionary achievements of the people, and to create conditions for the development of all their creative abilities.

In the course of the further development when work will become the primary necessity of men, we intend to achieve a development of production forces and an augmentation of the richness of the society which would make it possible to satisfy all the increasing demands of the community and the general advancement of its members. It will then be possible to pass on to the accomplishment of the highest principal of distribution the Communist principle:—

« From each according to his abilities, to each according to his needs. »

To reaffirm all the present results of the struggles and work of our people and at the same time to manifest our determined will to attain still higher aims, we today enact this Socialist Constitution of our Republic.

CHAPTER I Social System

Article 1.

The Czechoslovak Socialist Republic is a Socialist State based on the firm alliance of workers, peasants and the intelligentsia, headed by the working class.
The Czechoslovak Socialist Republic is a unitary single State of two fraternal nations possessing equal rights, the Czechs and the Slovaks.
The Czechoslovak Socialist Republic belongs to the world Socialist system, it strives for friendly relations with all nations and for the safeguarding of lasting peace throughout the world.

Article 2.

All power in the Czechoslovak Socialist Republic shall vest in the working people.
The public authority shall be exercised by the working people through their representative bodies, which shall be elected and controlled by, and be responsible to, them.
The representative bodies of the working people in the Czechoslovak Socialist Republic shall be the National Assembly, the Slovak National Council, and the National Committees. The powers of the other State organs shall derive from them.
The representative bodies and all the other State organs shall be assisted by the creative initiative and the direct participation in their work by the working people and their organisations.

Article 3.

The franchise in elections to all the representative bodies shall be universal, equal and direct and by secret ballot. Every citizen shall have the right to vote on reaching the age of eighteen. Every citizen may be elected on reaching the age of twenty-one.
Members of the representative bodies shall be in permanent contact with their voters, pay attention to the voters' suggestions, account to them for their actions, and submit to them reports on the work of the body of which they are members.
A member of any representative body may be dismissed if his electors so decide.

Article 4.: The vanguard of the working class, the Czechoslovak Communist Party, which is a voluntary and militant union of the most active and politically mature citizens from the ranks of the workers, peasants, and intelligentsia, shall be the governing influence in the community and in the State.
Article 5.: For the purpose of common work, of universal and active participation in the life of the community and the State, and the exercise of their rights, the working people shall associate in voluntary social organisations, in particular the Revolutionary Trade Union Movement, as well as cooperative, Youth Union, cultural, physical-training and other organisations. Certain duties of the State organs are being gradually transferred to the social organisations.
Article 6.: The National Front of Czechs and Slovaks, which incorporates the social organisations, shall be the political expression of the unity of the working people of the towns and villages, led by the Czechoslovak Communist Party.
Article 7.

The Socialist economic system, which precludes any form of exploitation of man by man, shall be the economic basis of the Czechoslovak Socialist Republic.
The Socialist economic system, in which the means of production are socialised and the entire national economy managed according to plan, ensures by the conscientious cooperation of all citizens the great development of production and the constant improvement of the living standards of the working people.
In a Socialist society all work shall be for the benefit of the community and at the same time for the benefit of every individual worker.

Article 8.

Collective Socialist ownership shall have two fundamental forms: State ownership, which is exercised by all the people (of national property), and cooperative ownership (of the property of people's cooperatives).
National property shall include in particular mineral resources and the main sources of power; the principal areas of forests, waterways, and natural health resources; the means of industrial production, large-scale transport and communications; financial and insurance institutes; broadcasting, television and the film industry, as well as the most important social establishments, such as health establishments, schools and scientific institutes.
The lands, which has been amalgamated for common cooperative farming, shall be jointly used by the united agricultural cooperatives.

Article 9.: Within the Socialist economic system, small-scale private enterprise based on personal work and excluding the exploitation of the labour of another shall be permissible.
Article 10.

A Citizen's personal ownership of consumer goods, in particular of goods for personal and domestic consumption, family houses and savings acquired by work, shall be inviolable.
The right to inherit personal property shall be guaranteed.

Article 11.

The State shall establish economic organisations, in particular national enterprises to which it shall entrust, as to independent legal entities, parts of the national property for administration.
United agricultural cooperatives are voluntary associations of working farmers for collective Socialist agricultural production. The State shall give every possible support to their development and render effective assistance to cooperative farmers in the development of Socialist agricultural large-scale production by means of progressive science and techniques. In accordance with the interest of the society, the State shall also support the development of other cooperatives.
The economic activities of State enterprises and other Socialist economic organisations shall be carried on in mutual harmony and be directed in accordance with the principles of democratic centralism. At the same time the participation and the creative initiative of the working people and their social organisations, particularly the Revolutionary Trade Union Movement, shall find systematic and extensive expression at all levels of management.

Article 12.

The national economy shall be governed by the State Plan for the Development of the National Economy, prepared and carried out with the widest active participation of the working people.
The plan for the development of the national economy, which is as a rule worked out for a period of five years, shall be embodied in a law and for that period shall represent the binding framework within which the planning of the individual State organs and economic organisations takes place.
In accordance with the State Plan for the Development of the National Economy, the State Budget shall be compiled annually and promulgated in the form of a law.

Article 13.

All organisations and all citizens who are charged with any task in the fulfilment of the State Plan for the Development of the National Economy, shall exert the maximum effort to accomplish that task in the best way.
All economic organisations shall in accordance with the long-term plans for the development of the national economy, systematically create material, technical, and organisational conditions for their work so that they may reach their planned objectives.

Article 14.

The State shall direct its entire policy, particularly in economic affairs so as to ensure, through the universal development of production on the basis of constant progress in science and technique and through increased productivity, the full development of the Socialist society, and to establish conditions for the gradual transition to Communism, and in particular to remove the fundamental differences between physical and mental work and between towns and villages.
The accomplishment of these goals is made possible by the comradely cooperation of the Czechoslovak Socialist Republic with the Union of Soviet Socialist Republics and the other countries of the world Socialist system. This cooperation, which is based on mutual help and the deepening of the international Socialist division of labour, is being systematically developed and consolidated by the Czechoslovak Socialist Republic.

Article 15.

The State shall carry out an economic, health, social and cultural policy, which, together with the growth of production, the betterment of the living standard of the population, and the gradual shortening of working hours, will constantly improve the physical and mental abilities of all people.
The State shall be responsible for the improvement and general conservation of nature and for the preservation of the natural beauties of the country, so that it may create ever richer sources of the welfare of the people, and an environment, which might be suitably beneficial to the health of the working people and provide them with recreation.

Article 16.

The cultural policy in Czechoslovakia, the development of education, instruction and training shall be conducted in the spirit of the scientific world outlook, Marxism-Leninism, and in close relation to the life and work of the people.
The State, together with social organisations, shall support in every possible way creative activity in science and art. It shall strive for better education of the working people and their active participation in scientific and artistic work, in order that the results of this work may serve all the people.
The State and social organisations shall systematically strive to eliminate the residues of the exploiting society from the minds of the people.

Article 17.

All citizens and all State and social organisations shall be guided in their work by the rule of law of the Socialist State, and shall strive for the full application of Socialist legality in the life of the society.
In fulfilling their mission, social organisations shall induce citizens to observe the law and to observe discipline in work and the rules of Socialist co existence, and strive to prevent and frustrate their violation.

Article 18.

The central control of the community and the State shall, according to the principle of democratic centralism, be combined with wide powers and responsibilities in lower organs, with the active participation of the working people and the application of their creative initiative.
In a community of the working people, the achievements of science shall be fully applied to the management of society and the planning its future.

CHAPTER II Rights and Duties of Citizens

Article 19.

In a community of working people where exploitation of man by man is eliminated, the development and interests of every citizen harmonise with the development and interests of the society as a whole. The rights, liberties and obligations of the citizens therefore serve the free and universal development and the fulfilment of the citizen's personality, and at the same time the consolidation and development of the Socialist society; they continue to expand and deepen as the society advances.
In a community of working people the individual can attain the fullest development of his abilities and the realisation of his justified interests only through active participation in the development of the whole community, in particular by taking part in collective work. For this reason work done for the benefit of the community is the foremost duty, and the right to work is the foremost right of every citizen.

Article 20.

All citizens shall have equal rights and equal duties.
The equality of all citizens regardless of their nationality and race, shall be guaranteed.
Men and women are equal within the family, at work, and in public activities.
The community of working people shall ensure the equality of citizens by creating equal possibilities and equal opportunities in all fields of the life of the community.

Article 21.

All citizens shall have the right to work and to a reward for their work according to its quantity, quality, and social significance.
The right to work and to a reward for work shall be protected by the Socialist economic system, which is free of economic crises and unemployment and guarantees the permanent growth of the real value of the reward for work.
The State shall direct its policy so that, together with the development of production and the growth of productivity, the gradual shortening of working hours is accomplished without any wage reductions.

Article 22.

All citizens shall have the right to leisure after work.
This right shall be ensured by the legal adjustment of working hours and paid holidays and by the attention given by the State and the social organisations to the fullest utilisation of the leisure time of the working people for their recreation and cultural life.

Article 23.

All working people shall have the right to the protection of their health and to medical care and to material provision for old age and incapacity for work.
These rights shall be ensured by the attention paid by the State and the social organisations to prophylactic care, by the organisation of the health service, by the network of health and social establishments, by the expanding free medical care, by the organised care for safety at work, by health insurance and social security.

Article 24.

All citizens shall have the right to education.
This right shall be ensured by the attendance at school of all young people, which shall be obligatory and free up to the age of 15, and by a system of free schools, which to an increasing extent offer complete secondary education, general or specialised, and university education. Standards of education shall be further improved by the organisation of extra-mural studies for working people without interruption of their employment and of free specialised courses in factories and united agricultural cooperatives and by the cultural and public educational activities of the State and social organisations.
All education and instruction shall be based on a scientific world outlook and on the close ties between the schools and the life and work of the people.

Article 25.: The State shall guarantee to the citizens of Hungarian, Ukrainian and Polish nationalities the opportunities and means for education in their mother tongue and for their cultural development.
Article 26.

Motherhood, marriage and the family shall be protected by the State.
The State and society shall ensure that the family provides a sound basis for the upbringing of youth. Families with many children shall be given special allowances and bonuses by the State.
Society shall guarantee to children and young people opportunities for the full development of their physical and mental faculties. This development shall be ensured by the care of the family, the State and social organisations and by a special adjustment of working conditions for juveniles.

Article 27.: The equal status of the woman in the family, at work and in public activities shall be protected by a special adjustment of working conditions and by special health care in pregnancy and motherhood, and by establishments and facilities which make it possible for women to play a full part in the life of the community.
Article 28.

In harmony with the interests of the working people, freedom of expression in all fields of the life of the society, in particular also the freedom of speech and the press, shall be guaranteed to all citizens. This freedom shall be used by citizens both to develop their personalities, and in their creative efforts and their active participation in State administration and the economic and cultural life of the country. The freedom of assembly and the freedom of street processions and demonstrations shall be guaranteed for the same purpose.
These freedoms shall be ensured by the provision for the working people and their organisations of publishing houses and printing enterprises, public buildings, halls, outdoor space, radio, television, and other means.

Article 29.: Citizens and organisations shall have the right to submit proposals, recommendations, and complaints to representative and other public bodies. Such bodies shall accord them attention in a responsible manner and in good time.
Article 30.

Personal integrity shall be guaranteed. Nobody may be prosecuted and charged for other than for legal reasons and in a manner laid down by the law. Nobody may be taken into custody except in cases provided for by the law or on the basis of a ruling by a court or the magistracy.
Sentences may be imposed only in accordance with the law.

Article 31.: The inviolability of the home, the privacy of mail and all other communications and the freedom of domicile shall be guaranteed.
Article 32.

Freedom of religion shall be guaranteed. Any person may profess any religious creed, or be without religious affiliation, and perform religious rites, as long as this is not contrary to the law.
Religious belief or conviction shall not exempt any person from the performance of civic duties which he is enjoined to discharge by law.

Article 33.: The Czechoslovak Socialist Republic shall grant the right of asylum to foreign nationals persecuted for advocating the interests of the working people, for the participation in the struggle for national liberation, for scientific and artistic work, or for activities in defence of peace.
Article 34.: Citizens shall observe the Constitution and other laws and in all their actions bear in mind the interests of the Socialist State and the community of the working people.
Article 35.: Citizens shall protect and consolidate Socialist property as the inviolable basis of the Socialist system and the source of the well-being of the working people and of the wealth and strength of the country.
Article 36.: Citizens shall carry out conscientiously and honestly the public functions to which they have been called by the working people and regard their fulfilment to the benefit of the community as a matter of honour.
Article 37.

The defence of the country and its Socialist system shall be the supreme duty and a matter of honour for every citizen.
Citizens shall serve in the armed forces in accordance with the Law.

Article 38.: Respect for the rights of fellow citizens, and the conscientious observance of the rules of Socialist co-existence shall form an inseparable part of a citizen's duties.

CHAPTER III The National Assembly

Article 39.

The National Assembly shall be the Supreme organ of State authority in the Czechoslovak Socialist Republic, and the sole national legislative body.
The National Assembly shall have 300 members who shall be elected by the people and be responsible to the people, and who may be dismissed by the people.
The National Assembly shall be elected for a period of four years.
The conditions governing the right to vote in elections to the National Assembly and the manner in which elections are conducted, and members dismissed shall be laid down by Law.

Powers of the National Assembly

Article 40.

The National Assembly shall debate and make decisions on the fundamental problems of internal and foreign policy of the State.
The National Assembly, through its own work and the work of its members and subsidiary bodies, shall actively assist the fulfilment of tasks facing the Socialist State.

Article 41.

The National Assembly shall enact the Constitution and other Laws and keep under review their execution. In particular, it shall approve long-term plans for the development of the national economy and the State Budget; it shall examine their implementation and debate Government reports on the completion of annual plans and on the public accounts.
The National Assembly shall ensure that the Constitution is observed. It may rescind laws passed by the Slovak National Council, decrees or decisions made by the Government and general ordinances of the Regional National Committees if they conflict with the Constitution or another Law.

Article 42.: International political treaties, economic treaties of a general nature and those agreements whose terms must be confirmed by Law shall be submitted to the National Assembly for approval.
Article 43.

The National Assembly shall elect the President of the Republic. The President of the Republic shall be responsible to the National Assembly for the exercise of his functions.
The President of the Republic shall have the right to address the National Assembly whenever he so desires.

Article 44.

Having been appointed by the President of the Republic, the Government shall submit itself to the National Assembly and seek approval for its programme.
The National Assembly shall keep under review and control the work of the Government and its members. Ministers shall collectively and separately be responsible to the National Assembly for the exercise of their functions. The National Assembly shall debate statements and reports of the Government.
The National Assembly may submit a motion to the President of the Republic calling for the resignation of the Government or its individual members.

Article 45.

The National Assembly shall have the right to put questions to the Prime Minister and other Ministers in matters falling within their competence. The Prime Minister and other Ministers must answer questions put by Members.
A Minister shall personally attend a meeting of the National Assembly, its Praesidium or a Committee if requested to do so by any of those bodies.
The Prime Minister and other Ministers shall have the right to take part in the meetings of the National Assembly, its Praesidium or Assembly Committees, and they may speak whenever they ask to do so.

Article 46.

The National Assembly shall elect and dismiss judges of the Supreme Court.
The Procurator-General shall be responsible to the National Assembly for the exercise of his functions. The National Assembly may submit a motion to the President of the Republic calling for the dismissal of the Procurator-General from his post.
The National Assembly shall debate the reports of the Supreme Court and the Procurator-General on the state of Socialist legislation.

Article 47.: The National Assembly shall set up by Law Ministries and the other central organs of Government.
Article 48.: The National Assembly, as the supreme representative body of the Republic, shall review proposals made by the National Committees, discuss their work, make use of their experience and take steps to improve their organisation and work.
Article 49.: The National Assembly shall decide on the declaration of war if the Czechoslovak Socialist Republic is attacked or if it is necessary to comply with international agreements on joint defence against attack.

Sessions of the National Assembly

Article 50.

The National Assembly shall be convened by the President of the Republic at least twice a year. A session must be held if requested by at least one-third of the Members.
Sessions of the National Assembly shall be closed by the President of the Republic.

Article 51.

The National Assembly may not take a decision unless a majority of its Members are present.
A decision shall be valid if agreed to by a majority of Members present.
The enactment or amendment of the Constitution, a declaration of war, alterations to the State frontiers, and the election of the President of the Republic shall require a majority of three-fifths of the Members of the Assembly.
Meetings of the National Assembly shall in principle be held in public.
The organisation of the work of the National Assembly shall be laid down in a law governing the rules of procedure and business of the Assembly.

Legislation

Article 52.

Bills may be introduced by Members of the National Assembly, by its Committees and Praesidium, by the President of the Republic, by the Government and by the Slovak National Council.
Laws shall be signed by the President of the Republic, the President of the National Assembly and the Prime Minister.
A Law shall come into force after it has been promulgated in the manner laid down by Law. Laws shall be promulgated by the Praesidium of the National Assembly within fourteen days of the date on which they are passed.

Committees of the National Assembly

Article 53.

The National Assembly shall set up Committees for the main branches of public business. Such Committees may initiate the consideration of matters within their allotted field of public business.
The National Assembly shall select the chairmen and other Members of Committees and may alter the membership at any time.
Assembly Committees shall review and debate the implementation of economic and cultural projects and give impetus to the work of public bodies.

Article 54.

Committees of the National Assembly shall be assisted in their work by the co-operation of working people and their organisations.
Committees shall have the right to invite to their meetings Ministers and representatives of other public bodies and ask them for information and reports.
Committees may invite scientists, reformers, technicians and other leading workers in the economic and cultural field to take part in their work.

Members of the National Assembly

Article 55.: The National Assembly shall be responsible for the validity of the election of its Members. It shall appoint a committee on elections to give advice on such matters.
Article 56.: A Member of the National Assembly shall take the following oath at the first meeting of the National Assembly which he attends: « I hereby declare upon my honour and conscience that I shall be loyal to the Czechoslovak Socialist Republic and the cause of Socialism. I shall respect the will and interests of the people, uphold the Constitution and the other laws of the Republic and work to ensure that their provisions are carried into effect ».
Article 57.

A Member of the National Assembly must visit his constituency, be in permanent contact with his electors, consider their proposals and account to them regularly for his actions. He shall co-operate with the National Committees in his constituency and help them to carry out their functions.
A Member of the National Assembly shall play an active part in the work of the National Assembly. Every Member shall in principle belong to one of the Assembly Committees.

Article 58.: Without the consent of the National Assembly, no member may be subject to criminal or disciplinary prosecution nor be taken into custody.

Praesidium of the National Assembly

Article 59.

The National Assembly shall elect from among its Members a Praesidium of thirty Members. The Praesidium shall comprise the President of the National Assembly, the Vice-Presidents, the Chairmen of Committees and other Members.
The Praesidium shall be elected for the whole period of office of the National Assembly. It shall remain in office even after that period of office has expired until a new National Assembly has elected its Praesidium.
The Praesidium of the National Assembly shall be responsible to the National Assembly. The National Assembly can dismiss the Praesidium or alter membership at any time.
The Praesidium of the National Assembly shall take decisions by a majority of its membership.

Article 60.

The Praesidium of the National Assembly shall direct the work of the National Assembly.
When the National Assembly is not sitting either because its session has been closed or because its period of office has expired, the Praesidium shall carry out the duties of the National Assembly. It may not, however, elect the President of the Republic or enact constitutional Laws. It may decide on a declaration of war only if a sitting of the National Assembly is made impossible by the emergency; and for such a decision the consent of three-fifths of the Members of the Praesidium is required. Measures adopted by the Praesidium in the course of exercising the duties of the National Assembly must be approved at the next session of the National Assembly, or they become invalid. Those measures which would normally be promulgated by law shall be adopted by the Praesidium in the form of Regulations carrying the force of law signed by the President of the Republic, the President of the National Assembly and the Prime Minister. The Regulations carrying the force of Law shall be promulgated in the same manner as laws.
When the Government is exercising the functions of the President of the Republic, the Praesidium of the National Assembly shall appoint and dismiss the Government and Ministers, and make appointments to the headships of other public bodies.
The Praesidium of the National Assembly shall declare the result of elections to the National Assembly and to other representative bodies.

CHAPTER IV The President of the Republic

Article 61.

The President of the Republic shall be the Head of State. He shall be elected by the National Assembly as the representative of the State.
The President shall be responsible to the National Assembly for the exercise of his functions.

Article 62.

The President of the Republic shall
(a) represent the State vis-a-vis countries, and negotiate and ratify international treaties. The negotiation of treaties and agreements not requiring the approval of the National Assembly may be delegated by the President of the Republic to the Government or, with its approval, to its individual members;
(b) receive and appoint Envoys;
(c) convene the sessions of the National Assembly and declare its sessions closed; (d) sign Laws passed by the National Assembly and regulations carrying the force of law passed by its Praesidium;
(e) have the right to submit to the National Assembly reports on the State of the Republic and on important political problems, to present to it proposals for necessary legislation, and to attend sittings of the National Assembly;
(f) appoint and dismiss the Prime Minister and Ministers, and entrust them with the direction of Ministries and other central authorities;
(g) have the right to attend and preside over meetings of Ministers, to ask for reports from the Government and its individual Ministers and to discuss with the Government or its Members questions which must be settled;
(h) appoint high-ranking State officials in cases provided for by Law; appoint and promote generals;
(i) confer decorations, unless he delegates this function;
(j) have the right to grant amnesty, to grant pardons or to mitigate penalties imposed by criminal courts, and to order that criminal proceedings should not be instituted or should be suspended;
(k) be the commander-in-chief of the armed forces;
(l) on the initiative of the Government, proclaim a state of war and, following a decision of the National Assembly, declare war if Czechoslovakia is attacked or if it is necessary to fulfil international treaty obligations concerning joint defence against aggression.
The President of the Republic stall be entitled to exercise powers not explicitly provided for in the Constitution, if they are provided for by a Law.

Article 63.

Any citizen who is eligible as a Member of the National Assembly, may be elected as President of the Republic. The candidate for whom at least three-fifths of the Members of the National Assembly cast their votes shall be elected.
The President of the Republic shall be elected for a period of five years. He shall assume office upon taking the oath.
The President of the Republic may not at the same time be a Member of the National Assembly, of the Slovak National Council, or of a National Committee, or of the Government.
If a Member or a Minister is elected President of the Republic, he shall relinquish his office as from the day of his election. His parliamentary mandate or membership of the Government shall terminate on the day on which he takes the Presidential oath.

Article 64.: The President of the Republic shall take the following oath before the National Assembly: « I promise on my honour and conscience that I shall be loyal to the Czechoslovak Socialist Republic and the cause of Socialism. I shall exercise my duties in accordance with the will of the people and in the interests of the people. I shall maintain and uphold the welfare of the Republic, and observe the Constitution and other laws of the Socialist State. »
Article 65.: If the office of the President of the Republic is vacated and a new President is not yet elected or has not yet been sworn in, or if the President is unable for serious reasons to perform his duties, those duties shall be performed by the Government. In that event the Government may entrust the Prime Minister with some of the duties of the President of the Republic. The supreme command of the armed forces shall be held by the Prime Minister during that period.

CHAPTER V The Government

Article 66.

The Government shall be the supreme executive authority in the Czechoslovak Socialist Republic.
The Government and its Ministers shall be responsible to the National Assembly for the exercise of their functions.

Article 67.: The Government shall consist of the Prime Minister, Deputy Prime Ministers, and Ministers.
Article 68.: The Government shall organise and ensure the fulfilment of the tasks of the Socialist State in the sphere of economic and cultural construction and in the improvement of the standard of living of the working people. It shall consolidate the security of the country and develop a peaceful foreign policy.
For this purpose it shall in particular:—
(a) unify, direct and control the work of Ministries and other central authorities of the State.
(b) direct and control the work of the National Committees;
(c) prepare long-term plans for the development of the national economy and the State budget and ensure and control their implementation. In carrying out long-term plans for the development of the national economy, it shall prepare annual plans and submit reports to the National Assembly on their fulfilment;
(d) ensure the application of the Law, the observance of public discipline, the protection of the rights of citizens and the interests of the State;
(e) make decisions and decrees in pursuance of the Law and ensure its application;
(f) have the right to present bills for enactment by the National Assembly and draft regulations to its Praesidium;
(g) appoint public officials and heads of economic organisations in pursuance of the Law, and nominate officials who are appointed by the President of the Republic.
Article 69.: Ministers shall be sworn in by the President of the Republic. The text of their oath shall be as follows: « I promise on my honour and conscience to be loyal to the Czechoslovak Socialist Republic and the cause of Socialism. I shall fulfil my duties according to the will of the people and in the interests of the people. I shall observe the Constitution and other laws and work to ensure that their provisions are carried into effect. »
Article 70.

The National Assembly may resolve that the President of the Republic should dismiss the Government or any Minister. In that case the President of the Republic shall comply with the resolution of the National Assembly.
The Government and Ministers shall carry out their duties in close cooperation with the National Assembly and its subsidiary bodies.

Article 71.: On being appointed by the President of the Republic, the Government shall submit a statement of its policy to the National Assembly and seek its approval.
Article 72.: The Ministries and other central public bodies may make regulations with binding force, in pursuance of Laws and Government decrees and with a view to their application.

CHAPTER VI The Slovak National Council

Article 73.

The Slovak National Council shall be the national administrative authority in Slovakia.
The Slovak National Council shall consist of members elected by the people in Slovakia, responsible to the people, and capable of being dismissed by the people.
The Slovak National Council shall by elected for a period of four years.
The number of members of the Slovak National Council, the conditions governing the right to vote in elections to the Slovak National Council, and the method of electing and dismissing members shall be laid down by a law of the Slovak National Council.
The Slovak National Council shall have its headquarters in Bratislava.

Powers of Slovak National Council

Article 74.: The Slovak National Council shall have power, interalia:—
(a) to enact, in harmony with national legislation — Slovak National Council laws in matters of national or regional nature, so far as special adjustments are necessary for the economic and cultural development of Slovakia;
(b) to pass Slovak National Council laws wherever the Council is empowered by a law passed by the National Assembly to do so;
(c) to take part in preparing the State Plan for the Development of the National Economy and within its framework to discuss the overall trend of the national economy and culture in Slovakia;
(d) to discuss and approve the Budget of the Slovak National Council, its organs, and the institutions in Slovakia directly subordinated to it;
(e) to submit Bills for enactment by the National Assembly;
(f) to exercise controls within its own jurisdiction;
(g) in the spirit of equality, to ensure favourable conditions for improving the welfare of citizens of Hungarian and Ukrainian nationality;
(h) to elect the Praesidium of the Slovak National Council and from among its members the Commissioners of the Slovak National Council;
(i) to discuss reports from the Praesidium, commissions, and Commissioners of the Slovak National Council.

Sessions of the Slovak National Council

Article 75.

The Praesidium of the Slovak National Council shall convene at least two sessions of the Slovak National Council in a year. A session shall be convened when requested by at least one-third of the members of the Slovak National Council.
The Praesidium of the Slovak National Council shall declare the sessions of the Council closed.

Article 76.

The Slovak National Council may take a decision when a majority of its members are present. A decision shall be valid if adopted by a majority of members present.
Meetings of the Slovak National Council shall in principle be held in public.
The organisation of the work of the Slovak National Council shall be laid down in a law of the Slovak National Council governing the rules of procedure and business of the Slovak National Council.

Laws of the Slovak National Council

Article 77.

Bills may be introduced by members, commissions, and the Praesidium of the Slovak National Council.
The Laws of the Slovak National Council shall be signed by the President of the Slovak National Council.
A Law of the Slovak National Council shall come into force when promulgated in a form stipulated by a law of the Slovak National Council. A Law of the Slovak National Council shall be published by the Praesidium of the Slovak National Council within fourteen days of the date on which it is passed.

Commissions of the Slovak National Council

Article 78.

The Slovak National Council shall set up commissions for various fields of its business. These commissions may initiate the consideration of matters within their own field of business and act as the controlling and executive organs of the Slovak National Council.
Commissions of the Slovak National Council shall review and discuss specific projects relating to the economic and cultural development of Slovakia in order to assist with their implementation; and shall report their resolutions and recommendations to the Slovak National Council and its Praesidium.
Commissions of the Slovak National Council shall be assisted in their work by co-operation of the working people and their organisations.
Members of the commissions of the Slovak National Council shall be selected by the Slovak National Council from among its members and from political, economic, cultural and other workers in Slovakia. As a rule the Slovak National Council shall designate one of its own members as the chairman of a committee.

Members of the Slovak National Council

Article 79.: The Slovak National Council shall be responsible for the validity of the election of its members. It shall appoint a committee on elections to give advice on such matters.
Article 80.: A member of the Slovak National Council shall take the following oath at the first meeting of the Slovak National Council which he attends: « I promise on my honour and conscience that I shall be loyal to the Czechoslovak Socialist Republic, to the cause of Socialism, and to the heritage of the Slovak National Rising. I shall respect the will and interests of the people, I shall be guided by the Constitution and the other laws of the Republic, and I shall work to ensure that their provisions are carried into effect. »
Article 81.

A Member of the Slovak National Council must visit his constituency, be in constant contact with his electors, consider their suggestions and account to them regularly for his actions. He shall co-operate with the National Committees in his constituency and help them to carry out their functions.
A Member of the Slovak National Council shall play an active part in the work of the Slovak National Council and of its subsidiary bodies. Every Member shall as a rule belong in one of the commissions of the Slovak National Council.
A Member of the Slovak National Council may at the same time be a Member of the National Assembly.

Article 82.: Without the consent of the Slovak National Council, no Member may be subject to criminal or disciplinary prosecution nor be taken into custody.

Praesidium of the Slovak National Council

Article 83.

The Praesidium of the Slovak National Council shall consist of 16 members, namely, the Praesidium of the Slovak National Council, the Vice-Presidents, and other members of the Praesidium.
The Praesidium shall be elected by the Slovak National Council from among its members for the whole period of office of the Council. It shall remain in office after that period until a new Slovak National Council has elected its Praesidium.
The Praesidium of the Slovak National Council and its members shall be responsible to the Slovak National Council for the exercise of their duties. The Slovak National Council may at any time dismiss the Praesidium or alter its membership.
A member of the Praesidium of the Slovak National Council may at the same time be a member of the Government.

Article 84.

The Praesidium of the Slovak National Council shall be the executive organ of the Slovak National Council within the scope of its jurisdiction. It shall ensure that the laws are applied and that the projects set out in the State Plan in Slovakia are realised steadily and in full harmony with the Plan.
The Praesidium of the Slovak National Council shall direct and co-ordinate the work of the commissions and of the Commissioners of the Slovak National Council, discuss their reports, and draft proposals for plenary sessions of the Slovak National Council.
The Praesidium of the Slovak National Council may make ordinances and regulations in pursuance of laws of the Slovak National Council to secure their execution.
The Praesidium of the Slovak National Council shall appoint and propose State officials in Slovakia within limits laid down by the Government.

Article 85.

The Slovak National Council shall elect Commissioners of the Slovak National Council from among the members of the Praesidium of the Slovak National Council. It may dismiss a Commissioner of the Slovak National Council at any time.
The Commissioners of the Slovak National Council shall carry out their duties in the fields of State administration laid down by the law.
In carrying out their duties the Commissioners of the Slovak National Council shall not exceed the limits of the powers of the Slovak National Council. They shall carry out other duties relating to the economic and cultural life of Slovakia within limits determined by the Government.

CHAPTER VII National Committees

Article 86.

The organs of public authority and administration in Regions, Districts and communities shall be the National Committees, as the largest organisations of the working people.
National Committees shall consist of members elected by the people, responsible to the people and dismissible by the people.
National Committees shall be elected for a period of four years.
The conditions governing the exercise of the right to vote in elections to National Committees and the manner in which elections are conducted and members dismissed shall be laid down by law.

Article 87.

National Committees shall carry out their functions with the permanent and active participation of the working people of their areas. Thus they link the working people with public administration as much as possible, utilise the people's experience, and learn from them.
National Committees shall work in close co-operation with the other organisations of the working people. They shall be assisted by these organisations and help them to carry out their functions.

Article 88.

National Committees and their members shall be responsible to their electors for their actions.
A Member of a National Committee must visit his constituency, be in constant contact with his electors, discuss and consider their suggestions, account to them for his actions, and inform them regularly about the work of the National Committee.
A member of the National Committee shall take an active part in the work of the National Committee and belong to commissions.
A Member of the National Committee shall take the following oath at the first meeting of the National Committee which he attends: « I promise on my honour and conscience that I shall be loyal to the Czechoslovak Socialist Republic and to the cause of Socialism. I shall respect the will and interests of the people, I shall be guided by the Constitution and the other laws of the Republic, and I shall work to ensure that their provisions are carried into effect. »

Article 89.

National Committees, with the participation of the citizens of their area, shall direct, organise and facilitate, in accordance with the plan, the economic, cultural, welfare and social activities in their areas. Among their foremost tasks shall be the responsibility for meeting, to an ever greater extent, the material and cultural needs of the working people. For this purpose they shall establish economic organisations and cultural, health and social establishments, and control their work.
National Committees shall ensure the protection of Socialist property, the achievements of the working people in the Socialist community. They shall ensure that the rules of Socialist co-existence are observed and that the defensive capacity of the Republic strengthened.
National Committees shall ensure that the Law is respected and enforced and that the rights and the proper interests of the working people and the Socialist organisations are protected.

Article 90.

The National Committees shall operate within the State Plan for the Development of the National Economy. They shall take part in its elaboration and execution. In accordance with the plan and on its basis, they work out the plan for the development of their areas.
National Committees may provide themselves with all the necessary material and financial assistance to enable them to assess whether objectives are being attained.
National Committees shall prepare their own budgets which shall be part of the State Budget.

Article 91.: National Committees shall be appointed for Regions, Districts, and, in the Communes, Municipalities or Localities. In Prague there shall be a National Committee for the Capital of Prague. In the boroughs of Prague and some other cities there shall be Borough National Committees.
Article 92.: The powers and responsibilities of the National Committees at their respective levels shall be determined so that the National Committee may, with the extensive participation of the working people, most effectively safeguard the economic and cultural development and the general needs of the citizens in its area.
Article 93.

National Committees shall harmonise the fulfilment of national projects with the special needs of their areas, and the interests of citizens.
National Committees shall be guided by the principle that the interests of all the people of the Czechoslovak Republic are superior to partial and local interests; and they shall educate citizens to the conscientious and voluntary fulfilment of their duties towards the community and the State.

Article 94.: In order to discharge their functions, National Committees may make binding regulations of a general character for their areas.
Article 95.

A National Committee shall set up a council, commissions and other subsidiary bodies, and control their work.
Under the leadership of the National Committee, the council shall control and unify the work of the other bodies of the National Committee and their organisation and establishment. It is elected by the National Committee from among its members for the whole of its period of office. The council and its members shall be responsible to the National Committee for their work. The National Committee can dismiss it or alter its membership ay any time.
The commissions may initiate the consideration of matters within their sphere and shall act as the controlling and executive organs of the National Committee for particular fields or sectors of its activity. For this purpose they shall be given the necessary powers. The commissions, which are elected by the National Committee from among its members and from other citizens, promote the systematic participation of working people in the work of the National Committee. They shall be responsible to the National Committee and its council.

Article 96.

National Committees on higher levels shall regulate and direct the work of the National Committees on lower levels, respecting, however, their powers and responsibilities, relying on their initiative and experience and carrying out their own functions in constant co-operation with them.
National Committes shall be subject to the Laws and Government regulations and resolutions and to resolutions and directives of other higher State organs. Decisions of a National Committee on a lower level which conflict with them may be annulled by the National Committee on a higher level or by the Government.

CHAPTER VIII Courts of Law and Office of the Procurator

Article 97.

The courts of law and the office of the procurator shall protect the Socialist State, its social system, and the rights and proper interests of the citizens and of the organisations of the working people.
The courts and the office of the Procurator shall by their actions give an example to the citizens of loyalty of the country and to the cause of Socialism, of respect for the Law and the rules of Socialist co-existence, and of the honourable fulfilment of their obligations towards the State and the community.

Courts of Law

Article 98.

Justice in the Czechoslovak Socialist Republic shall be dispensed by free and independent people's courts.
The judicial system shall consist of: the Supreme Court, Regional and District Courts, military courts and Local People's Courts.

Article 99.

The highest judicial organ shall be the Supreme Court. It shall keep under review the judicial activities of all other courts. Judges of the Supreme Court shall be elected by the National Assembly.
Judges of Regional Courts shall be elected by Regional National Committees.
Judges of District Courts shall be elected by the people in a universal, direct and equal franchise and by secret ballot.
The Supreme Court and Regional and District Courts shall be elected for the period of four years.
Military courts shall be elected according to special regulations.

Article 100.

As a rule a court of law shall reach its verdict as a court.
The Supreme Court and Regional, District and military courts consist both of judges who are judges by profession, and of judges who so act in addition to their own professional activities. In arriving at a verdict, both categories of judge are equal.

Article 101.

Local People's Courts shall be elected in localities and places of work in order to encourage working people to take part in the judicial process.
Local People's Courts shall assist the consolidation of Socialist legality and safeguard public order and the rules of Socialist co-existence.
The jurisdiction of Local People's Courts, the method by which they are set up, their period of office and the principles governing their organisation and proceedings shall be laid down by Law.

Article 102.

Judges shall be independent, subject only to the Law of the Socialist State. They shall be bound by Law and judicial practice and shall interpret them with Socialist juridical propriety.
Judges must report to their electors, or to the representative body which has elected them, on their work and on work of the court of which they are members. Judges may be dismissed by the electors or by the representative body which has elected them. The conditions and method of dismissal shall be laid down by Law.

Article 103.

The courts shall strive in their legal proceedings to ascertain the facts and base their decisions on them.
As a rule all court hearings shall be oral and public; the public may be excluded only in cases laid down by Law.
The accused shall be granted the right to defence.
Verdicts shall be given in the name of the Republic and always in public.

Office of the Procurator

Article 104.: The Office of the Procurator shall supervise the uniform application and observance of laws and other regulations by the Ministries and other organs of the State administration, by the National Committees, by the courts of justice, by economic and other organisations and also by the people. The office of the Procurator shall be in charge of the Procurator-General.
Article 105.

The Procurator-General shall be appointed and dismissed by the President of the Republic.
The Procurator-General shall be responsible to the National Assembly.

Article 106.: Subsidiary offices of the Procurator-General shall be responsible only to the Procurator-General and shall operate independently of local bodies. They shall be assisted in their work by the working people and their organisations.

CHAPTER IX General and Final Provisions

Article 107.

The territory of the Czechoslovak Socialist Republic shall consist of a united and indivisible unit.
The frontiers of the State may be altered only by a Constitutional Law.
The territorial structure of the Czechoslovak Socialist Republic shall be organised so as to take account of the economic, political, social and cultural need of society and so that working people may be enabled to take part in public administration and in the evolution of economic and cultural life.

Article 108.: State citizenship shall be acquired and forfeited under conditions laid down by Law.
Article 109.: The capital city of the Czechoslovak Socialist Republic shall be Prague.
Article 110.

The official emblem of the Czechoslovak Socialist Republic shall consist of a red shield in the shape of the Hussite pavise, with a five-pointed star in the upper part, a white twin-tailed lion bearing on his chest a small red shield, a blue silhouette of the Krivan Mountain and a bonfire in gold. The emblem shall be drawn in gold.
The official flag of the Czechoslovak Socialist Republic shall consist of a red lower and white upper field with a blue wedge between them, extending from the pole to the centre of the flag.
Details of the State emblem and the State flag and their usage shall be laid down by Law.

Article 111.

The Constitution may be amended only by a Constitutional Law.
Laws and other regulations must not conflict with the Constitution. The interpretation and application of all laws and regulations. must be in harmony with the Constitution.

Article 112.

The Constitution shall come into effect on the day of its approval by the National Assembly.
On the same day, the existing Constitution and other Constitutional Laws amending or supplementing it become null and void.