Electoral & Democracy · In force

Constitution (Fifth Alteration) Acts 2023

Suite of 16 constitutional amendments — including financial autonomy for state legislatures + judiciary, and devolution of railway + electricity to concurrent list.

Signed
2023-03-17
Assented by
Status
In force
01 Background

The Fifth Alteration was a suite of 16 separate Acts amending the 1999 Constitution, signed together in March 2023. Two amendments stand out: (1) financial autonomy for state legislatures and state judiciaries — they now receive their funds directly from the Consolidated Revenue Fund rather than through the executive; (2) devolution of railway and electricity from the exclusive legislative list to the concurrent list, which legally enabled the Electricity Act 2023 and state-led rail projects.

02 Key provisions · 6
§ 01
Financial autonomy for state legislatures and judiciaries
§ 02
Railway moved from exclusive to concurrent list
§ 03
Electricity moved from exclusive to concurrent list (key enabler for Electricity Act 2023)
§ 04
Local government financial autonomy strengthened
§ 05
Streamlined process for ministerial appointment confirmations
§ 06
Pre-action notice requirements relaxed for FG litigation
03 What changed in practice
→
Electricity Act 2023 became possible because of the concurrent-list devolution
→
State houses of assembly received direct CRF allocation from 2024
→
Local government autonomy strengthened (later expanded by Supreme Court 2024 ruling)
04 Who it affects
State governmentsState legislaturesState judiciariesLocal governments
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