Section 90 of the Constitution establishes an Elections and Boundary Commission. It consists of a Chairperson, Deputy Chairperson and three other members, all appointed by the King on the advice of the Judicial Service Commission.  In order to qualify for appointment, the Commissioners must possess the qualifications of a judge of the Superior Court, or be persons of high moral character, proven integrity, relevant experience and demonstrable competence in the conducting of public affairs.  Commissioners are appointed for a period not exceeding twelve years.

The independence of the Commission is expressly guaranteed in the Constitution, but it is made accountable to the Minister of Justice. Furthermore, the secretariat of the Commission is to continue to be provided by the Ministry of Justice.

The functions of the Commission are spelt out in the Constitution as:

• To oversee and supervise the registration of voters and ensure fair and free elections;
• To facilitate civic and voter education as may be necessary in between elections;
• To review and determine the boundaries of constituencies for purposes of elections;
• To perform all other functions connected with elections, and
• To produce periodic reports in respect of work done.

The Constitution does not set out how the Commission is to be funded.