Nilesh Lal, the executive director of Dialogue Fiji, expressed his belief that the 2013 Constitution does not require a complete overhaul. In an interview on The Fiji Times’ online platform, The Lens@177, he remarked, “I don’t think it needs an overhaul to be honest.” He acknowledged that while there are many commendable provisions within the Constitution, his primary concern lies with the excessive power it grants to the executive branch of government. This concentration of power allows the executive to divide the arms of the State, thereby giving it the ability to impose laws that limit the rights enshrined in the Constitution.
Lal noted that this situation undermines the protection of individual rights, which he identified as a significant shortcoming of the document. Nevertheless, he highlighted several positive aspects of the Constitution, such as the promotion of equal citizenship and the establishment of a secular state, which align with modern democratic values. He praised the move from a bicameral legislature, with unelected members under the 1997 Constitution, to a unicameral Parliament made up entirely of elected representatives.
He also appreciated the reduction of the parliamentary term to four years and the lowering of the voting age to 18, calling these changes very positive compared to the previous Constitution. Furthermore, he applauded the absence of a race-based electoral system and the shift to a proportional representation electoral system as significant improvements.
However, he pointed out the need to address certain issues, particularly regarding the concentration of power in the hands of the Prime Minister, who has control over ambassador appointments and chairs the Constitutional Offices Commission. Lal also raised concerns about the ambiguous role of the military in the Constitution, suggesting that its potential for political intervention requires clarification.