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The Constitution of Papua New Guinea
Adopted by the Constituent Assembly on 15 August 1975 and in force since Independence Day, 16 September 1975. It is the supreme law: every Act, every government decision and every exercise of public power has to answer to it. Below, 76 questions and answers covering the whole document, Part by Part.
Papua New Guinea’s Constitution was not handed down by a departing administration. It was produced by a Constitutional Planning Committee that travelled the country taking submissions, and adopted by the Constituent Assembly. That origin explains features that surprise readers used to other constitutions: it is long and detailed, it opens with a statement of the kind of development the country commits itself to, and it treats custom as a source of law rather than as folklore.
It is also amended often — the current consolidation runs to Constitutional Amendment No 44. Every article below names the sections it deals with so you can read them yourself.
It is public, and written in comparatively plain English — one of the few primary legal documents a non-lawyer can read directly with real benefit. Start with the Preamble and the National Goals, then Part III on the Basic Rights.
Jump to a Part
The series follows the structure of the Constitution itself.
- Preamble, National Goals and Basic Social Obligations — 3 questions
- Part I — Introductory — 2 questions
- Part II — The National Legal System — 6 questions
- Part III, Division 2 — The Leadership Code — 4 questions
- Part III, Division 3 — The Basic Rights — 20 questions
- Part III, Division 4 — Natural Justice — 1 question
- Part IV — Citizenship — 5 questions
- Part V — The Head of State — 2 questions
- Part VI, Division 2 — The National Parliament — 5 questions
- Part VI, Division 4 — The National Executive — 4 questions
- Part VI, Division 5 — The Administration of Justice — 7 questions
- Part VIA — Provincial and Local-level Governments — 2 questions
- Part VII — The State Services — 3 questions
- Part VIII — Supervision and Control — 5 questions
- Part IX — Constitutional Office-holders — 1 question
- Part X — Emergency Powers — 3 questions
- Parts XI to XIII — Review and Transition — 1 question
- Part XIV — Bougainville — 2 questions
Preamble, National Goals and Basic Social Obligations
The opening pages of the Constitution are substantive law, not ceremony. What they contain, and how much of it a court can enforce.
Does the Preamble to the PNG Constitution Have Legal Force?
The Preamble to the Papua New Guinea Constitution explained: what it contains, why the National Goals are non-justiciable under section 25, and where it still binds government.
Read the answer → No. 2What Are the Five National Goals and Directive Principles?
The five National Goals and Directive Principles in the PNG Constitution explained in plain language, with what each one actually calls for and what legal weight it carries.
Read the answer → No. 4What Are the Basic Social Obligations in the PNG Constitution?
The Basic Social Obligations declared in the Preamble to the PNG Constitution, what each one requires, and whether they can be enforced in a court.
Read the answer →Part I — Introductory
The State, its territory, its absolute sovereignty over natural resources, the National Capital District, provinces, and the oaths.
What Does the Constitution Say About PNG's Territory and Sovereignty?
Sections 1 to 5 of the PNG Constitution explained: the Independent State, the area of the country, absolute sovereignty over natural resources, the National Capital District and provinces.
Read the answer → No. 6What Are PNG's National Symbols, and Who Protects Them?
Section 3 of the PNG Constitution on national symbols, the National Seal Act, protection of the country's name, and what the law does about misuse of national symbols.
Read the answer →Part II — The National Legal System
Where the law comes from, what supreme law means, Organic Laws, how the Constitution is amended, who interprets it, and the underlying law.
What Are the Laws of Papua New Guinea?
Section 9 of the PNG Constitution lists the sources of Papua New Guinean law. What each source is, how they rank, and why the closed list matters.
Read the answer → No. 9What Does It Mean That the Constitution Is the Supreme Law?
Section 11 of the PNG Constitution explained: supreme law, invalidity to the extent of inconsistency, self-executing provisions, and how a law is struck down.
Read the answer → No. 10What Is an Organic Law, and How Is It Different From an Act?
Section 12 of the PNG Constitution on Organic Laws: the three requirements, why they rank as supreme law, how they are amended, and a list of PNG's Organic Laws.
Read the answer → No. 11How Is the PNG Constitution Amended?
How the Papua New Guinea Constitution is amended: sections 13 to 17, the double-debate requirement, Gazette publication, the Speaker's certificate and the self-evident error shortcut.
Read the answer → No. 14What Is a Section 19 Special Reference?
Section 19 of the PNG Constitution: who can make a special reference to the Supreme Court, what questions can be asked, and why the opinion binds like any other decision.
Read the answer → No. 15What Is the Underlying Law, and Where Does Custom Fit?
Schedule 2 of the PNG Constitution and the Underlying Law Act 2000 explained: how custom is recognised, how English common law was adopted, and how courts must develop an indigenous jurisprudence.
Read the answer →Part III, Division 2 — The Leadership Code
Who counts as a leader, what the Code requires of them in public and private life, how to complain, and what a tribunal can do.
Who Is Subject to the Leadership Code?
Section 26 of the PNG Constitution: the full list of leaders subject to the Leadership Code, how the list can be extended, and who decides doubtful cases.
Read the answer → No. 17What Duties Does the Leadership Code Impose?
Section 27 of the PNG Constitution explained: the four duties of leadership, the ban on using office for personal gain, responsibility for family and associates, and what makes conduct misconduct in office.
Read the answer → No. 18What Is a Conflict of Interest Under the Leadership Code?
Conflict of interest under section 27 of the PNG Constitution: what counts, the “could have” test, contracts with governmental bodies, and how a leader should manage a conflict.
Read the answer → No. 20What Happens at a Leadership Tribunal?
Leadership tribunals in PNG explained: how they are established under section 28, the natural justice requirement, the mandatory dismissal recommendation and the section 28(1A) exception.
Read the answer →Part III, Division 3 — The Basic Rights
Sections 32 to 58: who holds the rights, which are absolute and which are qualified, each right in turn, and how to enforce one.
Who Has Basic Rights in Papua New Guinea?
Who the Basic Rights in Part III Division 3 of the PNG Constitution protect: all persons, citizens only, and non-dual citizens only, plus how section 34 applies rights between individuals.
Read the answer → No. 23What Is the Difference Between an Absolute and a Qualified Right?
Absolute versus qualified rights in the PNG Constitution: Subdivision B, Subdivision C, the section 38 test, and what “reasonably justifiable in a democratic society” means under section 39.
Read the answer → No. 24What Is the Right to Freedom Under Section 32?
Section 32 of the PNG Constitution explained: freedom based on law, the least-restriction principle, and how the right to freedom works alongside custom and social obligations.
Read the answer → No. 25What Is the Right to Life Under Section 35?
Section 35 of the PNG Constitution explained: the right to life, the permitted exceptions, the reasonableness requirement on the use of force, and the preservation of criminal and civil liability.
Read the answer → No. 26What Is Freedom From Inhuman Treatment Under Section 36?
Section 36 of the PNG Constitution explained: the absolute prohibition on torture and inhuman treatment, what it covers, and how it is enforced under sections 57 and 58.
Read the answer → No. 27What Is “The Protection of the Law” Under Section 37?
Section 37 of the PNG Constitution explained subsection by subsection: fair hearing, no offence without written law, no double jeopardy, no retrospective crime, appeal rights and treatment in custody.
Read the answer → No. 28What Is the Presumption of Innocence in PNG?
The presumption of innocence under section 37(4)(a) of the PNG Constitution: what it means, the reverse-onus exception, and how it works with bail and the right to silence.
Read the answer → No. 30What Does Section 41 Do About Acts That Are Harsh or Oppressive?
Section 41 of the PNG Constitution explained: proscribed acts, the three limbs, the balance of probabilities standard, and how section 41 interacts with damages under section 58.
Read the answer → No. 31What Rights Do I Have When I Am Arrested?
Section 42 of the PNG Constitution explained: the grounds for lawful detention, the rights on arrest, the duty to bring a person before a court without delay, the section 42(5) complaint and the right to bail.
Read the answer → No. 33What Is Freedom From Arbitrary Search and Entry Under Section 44?
Section 44 of the PNG Constitution explained: search warrants, court orders, inspection powers, and how section 44 works with the Search Act and section 49 privacy.
Read the answer → No. 34What Is Freedom of Conscience, Thought and Religion?
Section 45 of the PNG Constitution explained: freedom of religion and conscience, protection from compelled religious observance, the ban on forcing religion on others, and traditional beliefs.
Read the answer → No. 35What Is Freedom of Expression Under Section 46?
Section 46 of the PNG Constitution explained: freedom of expression and publication, freedom of the press, the three permitted restrictions, and access to mass communications media.
Read the answer → No. 36What Are Freedom of Assembly and Association Under Section 47?
Section 47 of the PNG Constitution explained: peaceful assembly, freedom of association, the right not to join, registration of associations, and public order restrictions.
Read the answer → No. 37What Are Freedom of Employment and Freedom of Movement?
Sections 48 and 52 of the PNG Constitution explained: freedom of choice of employment, industrial organisation membership, freedom of movement, and the ban on expelling citizens.
Read the answer → No. 38What Is the Right to Privacy Under Section 49?
Section 49 of the PNG Constitution explained: reasonable privacy of private and family life, communications and papers, the biometric exception, and how privacy works with section 44.
Read the answer → No. 39What Is the Right to Vote and Stand for Public Office?
Section 50 of the PNG Constitution explained: who has the right to vote and stand, the three disqualifications, the reasonable-opportunity requirement, and how elections are regulated.
Read the answer → No. 40Do I Have a Right to See Government Documents?
Section 51 of the PNG Constitution explained: the right of reasonable access to official documents, the ten exceptions, the duty to establish access procedures, and the protection of Parliament's access.
Read the answer → No. 41Can the Government Take My Property?
Section 53 of the PNG Constitution explained: compulsory acquisition, the public purpose requirement, just compensation on just terms, the six exclusions, and customary land under section 54.
Read the answer → No. 42What Is Equality of Citizens Under Section 55?
Section 55 of the PNG Constitution explained: the equality guarantee, the listed grounds, affirmative action under section 55(2), and the pre-Independence law exception.
Read the answer → No. 43How Do I Enforce a Basic Right?
Section 57 and section 58 of the PNG Constitution explained: who can apply to enforce a Basic Right, what orders a court can make, anticipatory relief, and damages including exemplary damages.
Read the answer →Part III, Division 4 — Natural Justice
The constitutional duty to act fairly and to be seen to act fairly, and when you are entitled to reasons for a decision.
Part IV — Citizenship
Automatic citizenship, descent, marriage, naturalisation, dual citizenship, loss and regaining, and the position of non-citizens.
Who Is an Automatic Citizen of Papua New Guinea?
Section 65 of the PNG Constitution explained: automatic citizenship on Independence Day, the two-grandparent rule, what counts as an adjacent area, and the exclusions.
Read the answer → No. 47How Do I Apply for Citizenship by Naturalisation?
Citizenship by naturalisation under section 67 of the PNG Constitution: the eight-year residence rule, the seven criteria, children, the sport and investment route, and the Citizenship Advisory Committee.
Read the answer → No. 48What Is Citizenship by Descent and by Marriage?
Section 66 of the PNG Constitution explained: citizenship by descent for children and grandchildren, citizenship by marriage, the residence and character requirements, and adoption.
Read the answer → No. 50How Can PNG Citizenship Be Lost or Regained?
Sections 70 to 74 of the PNG Constitution: automatic loss of citizenship, acts done under compulsion of foreign law, renunciation, regaining citizenship, and children.
Read the answer → No. 51What Rights Do Non-Citizens Have in Papua New Guinea?
The constitutional position of non-citizens in PNG: which Basic Rights apply, where restrictions are permitted, property under section 53(7), and detention under section 42.
Read the answer →Part V — The Head of State
The Sovereign as Head of State, how the Governor-General is chosen and removed, and what the office can actually decide.
Who Is Papua New Guinea's Head of State?
Part V of the PNG Constitution: the Head of State, the Queen's successors, precedence, the Royal Style and Titles, and how the Head of State's functions are exercised.
Read the answer → No. 53How Is the Governor-General Chosen and Removed?
Sections 87 to 95 of the PNG Constitution: qualifications for Governor-General, the exhaustive secret ballot, term of office, resignation, dismissal, removal for incapacity and suspension.
Read the answer →Part VI, Division 2 — The National Parliament
How Parliament is made up, elections and terms, disqualification, privilege, how a Bill becomes law, and the committee system.
How Is the National Parliament Made Up?
Section 99 to 102 of the PNG Constitution: the three arms of government, the composition of the National Parliament, open and provincial electorates, nominated members and women's electorates.
Read the answer → No. 56How Long Does a Parliament Last, and When Are Elections Held?
Sections 104 to 106 of the PNG Constitution: the term of a member, when a seat becomes vacant, when general elections must be held, and the rules on by-elections.
Read the answer → No. 58What Is Parliamentary Privilege?
Section 115 of the PNG Constitution: parliamentary privilege, freedom of speech in Parliament, immunity from proceedings, freedom from arrest for civil debt, and the Leadership Code exception.
Read the answer → No. 59How Does a Bill Become an Act of Parliament?
How a Bill becomes law in Papua New Guinea: sections 109 to 116 of the Constitution, the Speaker's certificate, commencement, recommittal, and disallowance of subordinate legislation.
Read the answer → No. 61What Do Parliamentary Committees Do?
The committee system in the PNG Parliament: section 118, the Public Accounts Committee, permanent parliamentary committees, the summons power, and protection for witnesses.
Read the answer →Part VI, Division 4 — The National Executive
The National Executive Council, the Prime Minister, votes of no confidence, Ministers, and the power of mercy.
What Is the National Executive Council?
Sections 138 to 150 of the PNG Constitution: the executive power, the National Executive Council, the Ministry, collective responsibility and the Secretary to the Council.
Read the answer → No. 63How Is the Prime Minister Appointed?
Section 142 of the PNG Constitution: the appointment of the Prime Minister, the first-item rule, dismissal, removal for incapacity, suspension, and the Acting Prime Minister.
Read the answer → No. 64How Does a Vote of No Confidence Work?
Section 145 of the PNG Constitution: motions of no confidence in the Prime Minister, the Ministry or a Minister, the notice requirement, the grace period and the nomination rule.
Read the answer → No. 65How Are Ministers Appointed and Dismissed?
Section 144 of the PNG Constitution: the number of Ministers, appointment on the Prime Minister's advice, dismissal, suspension, portfolios and resignation.
Read the answer →Part VI, Division 5 — The Administration of Justice
The courts, the Supreme and National Courts, section 155(4), judicial appointment and independence, and the two Law Officers.
What Courts Make Up the National Judicial System?
Sections 154 to 159 and 172 to 175 of the PNG Constitution: the National Judicial System, the National Justice Administration, the Magisterial Service, and courts applying custom.
Read the answer → No. 68What Does the Supreme Court of PNG Do?
The Supreme Court of Papua New Guinea: composition, the three-judge rule, appellate and constitutional jurisdiction, section 155(2), and how a case reaches it.
Read the answer → No. 70What Is Section 155(4), and Why Do Lawyers Cite It Constantly?
Section 155(4) of the PNG Constitution explained: prerogative orders, the power to do justice in a particular case, the primary-rights limit, and section 155(5) review.
Read the answer → No. 71How Are Judges Appointed, and Can They Be Removed?
Sections 168 to 183 of the PNG Constitution: appointment of the Chief Justice and other judges, the three grounds of removal, removal tribunals, and suspension on full pay.
Read the answer → No. 72What Protects Judicial Independence in PNG?
Section 157 of the PNG Constitution and the wider architecture of judicial independence: the ban on directions, security of tenure, appointment by commission, and remuneration by Organic Law.
Read the answer → No. 73What Does the Public Prosecutor Do?
Sections 176 and 177 of the PNG Constitution: the Public Prosecutor's functions, independence from direction, the national-security exception, and the tabling requirement.
Read the answer → No. 74What Does the Public Solicitor Do, and Can I Get a Free Lawyer?
Section 177 of the PNG Constitution: the Public Solicitor's functions, the two-year rule, how “need” is assessed, court directions to provide aid, and applying for help.
Read the answer →Part VIA — Provincial and Local-level Governments
The provincial and local-level system, who does what between the three levels, and when a government can be suspended.
What Is the Provincial and Local-level Government System?
Part VIA of the PNG Constitution: the provincial and local-level government system, the Organic Law, funding and taxation, devolution of powers, and the National Economic and Fiscal Commission.
Read the answer → No. 76Who Does What — National, Provincial or Local Government?
Section 187D of the PNG Constitution and the allocation of powers between the National Government, Provincial Governments and Local-level Governments, and how conflicts are resolved.
Read the answer →Part VII — The State Services
The four State Services, civilian control, the Public Services Commission, the Police Force, the Defence Force and lawful orders.
What Does the Public Services Commission Do?
Sections 190 to 194 of the PNG Constitution: the Public Services Commission, its appointment by a five-member committee, its review functions, independence, and annual report.
Read the answer → No. 80What Does the Constitution Say About the Police Force?
Sections 196 to 199 of the PNG Constitution: control of the Police Force, its primary functions, independence in charging decisions, the Commissioner of Police, and the one-force rule.
Read the answer → No. 81What Does the Constitution Say About the Defence Force?
Sections 200 to 206 of the PNG Constitution: unauthorized forces, control of the Defence Force, its functions, call-out in aid to the civil power, and active service abroad.
Read the answer →Part VIII — Supervision and Control
Parliamentary control of public money, the Budget, the Auditor-General, the Public Accounts Committee, the Ombudsman Commission and ICAC.
What Is the National Budget Process?
Section 209 of the PNG Constitution: the National Budget, the three separate appropriations, estimates from the Speaker and Chief Justice, and consultation with parliamentary committees.
Read the answer → No. 85What Does the Auditor-General Do?
Sections 213 and 214 of the PNG Constitution: the Auditor-General's appointment, independence, audit functions, reach over statutory bodies, and reporting to Parliament.
Read the answer → No. 86What Is the Public Accounts Committee?
Sections 215 and 216 of the PNG Constitution: the Public Accounts Committee, its functions, its reach over Auditor-General reports, and the protection for witnesses who give evidence.
Read the answer → No. 87What Does the Ombudsman Commission Do?
Sections 217 to 220 of the PNG Constitution: the Ombudsman Commission, how it is appointed, what “wrong conduct” means, the limits on its jurisdiction, and its powers of enforcement.
Read the answer → No. 88What Is the Independent Commission Against Corruption?
Division VIII.3 of the PNG Constitution: the Independent Commission Against Corruption, its purposes and functions, independence, oversight committee, and relationship with the Ombudsman Commission.
Read the answer →Part IX — Constitutional Office-holders
Who they are, why their pay and offices are protected, and the commission that appoints and removes judges and law officers.
Part X — Emergency Powers
When an emergency can be declared, what happens to your rights, Emergency Regulations, and the protections that apply to internment.
When Can a National Emergency Be Declared?
Sections 226 to 229 and 239 of the PNG Constitution: what counts as an emergency, who declares it, the 21-day expiry, parliamentary extension and revocation.
Read the answer → No. 92What Happens to My Rights During a Declared Emergency?
Section 233 and section 40 of the PNG Constitution: which Basic Rights an emergency law may alter, the six that are untouchable, and the extra limits on Emergency Regulations.
Read the answer → No. 93What Is an Emergency Regulation, and What Limits Apply?
Sections 230 to 232 of the PNG Constitution: Emergency Acts, Emergency Regulations, the automatic expiry rule, emergency orders and the limits on all of them.
Read the answer →Parts XI to XIII — Review and Transition
How the Constitution is reviewed, why pre-Independence laws still apply, and how to read a constitutional section.
Part XIV — Bougainville
The Autonomous Bougainville Government, the referendum on future political status, and the division of powers.
What Is the Autonomous Bougainville Government?
Part XIV of the PNG Constitution: the Autonomous Bougainville Government, the Bougainville Peace Agreement, the Bougainville Constitution, and the institutions of autonomy.
Read the answer → No. 99What Does the Constitution Say About the Bougainville Referendum?
Sections 338 to 343 of the PNG Constitution: when the Bougainville referendum was to be held, the good-governance and weapons-disposal conditions, the question, and what happens with the results.
Read the answer →Constitutional sections are amended, and figures such as notice periods and majorities have changed more than once. Before relying on anything here, read the current text on PacLII. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a private lawyer in the law firms directory.
Sources
- Constitution of the Independent State of Papua New Guinea — PacLII
- PNG Consolidated Legislation — PacLII index, including the Organic Laws
- Underlying Law Act 2000