Fiji Supreme Court eases path for constitutional reform while keeping the 2013 framework intact
The Fiji Supreme Court has issued an advisory opinion that the 2013 Constitution remains legally effective, while the amendment provisions themselves are not an insurmountable barrier to change. The court laid out a practical two-step process for constitutional amendments: a two-thirds majority in Parliament at the readings, followed by a referendum in which a simple majority of those who vote would bind the changes. The 1997 Constitution was reaffirmed as no longer applicable under Fiji’s current legal order.
The ruling responds to a Cabinet reference under Section 91(5) and focuses on Sections 159 and 160, which had long been described as highly restrictive. By moving away from the rigid 75 percent double super-majority in both Parliament and the electorate, the court seeks to preserve governance stability while enabling meaningful reform through greater public participation.
Reacting to the decision, FLP Leader Mahendra Chaudhry voiced concerns that lowering the threshold could jeopardize the rights of minority communities. He pointed to the Indian community’s historical vulnerability and emphasized the need for inclusive political negotiations rather than rushed or unilateral constitutional changes. Chaudhry reaffirmed the FLP’s stance that reforms should be pursued through broad consensus and negotiated processes to ensure political stability and broad backing.
This moment is seen by many as part of a broader debate about how Fiji should approach constitutional change: keep robust protections, broaden public involvement, or streamline procedures to accelerate reform. Several observers and political actors have signaled that a national dialogue or a Constitution Review Commission could play a central role in shaping future amendments, ensuring voices across society are heard and respected.
Key thresholds and what they mean
– Parliament: Amendments require two-thirds support at the second and third readings.
– Referendum: For changes to take legal effect, a simple majority of participating voters must approve.
– The 2013 Constitution remains the operating framework; the 1997 Constitution is no longer applicable.
What happens next
– Cabinet will study the ruling and determine the government’s next steps, with an emphasis on a transparent, inclusive reform process.
– Lawmakers will need to draft and consider amendment bills that meet the two-thirds readings threshold, while planning referendum campaigns to secure public buy-in.
– There is renewed momentum for public consultation mechanisms, including discussions about establishing a Constitution Review Commission.
Value-added context
– The advisory offers a framework that balances legal stability with democratic legitimacy, potentially making constitutional changes more feasible without discarding essential safeguards.
– The decision could pave the way for nationwide dialogue on Fiji’s constitutional direction, including possible revival or reconciliation with elements of earlier constitutions through structured, participatory processes.
– Public trust and governance accountability are likely to be focal points as reform debates move from theory to legislative and civic engagement.
Summary of implications
– The 2013 Constitution remains the valid framework; the 1997 Constitution is not applicable.
– Amendments require two-thirds in Parliament and a simple majority of referendum voters to bind changes.
– The reform path emphasizes transparency, public participation, and stability, signaling a more inclusive and workable approach to Fiji’s constitutional evolution.
Commentary and outlook
Analysts view the ruling as a constructive step toward a more transparent and participatory reform process. By providing clear thresholds that couple parliamentary consensus with citizen involvement, Fiji can pursue meaningful constitutional changes while upholding the rule of law. If implemented through broad consultation and careful legislative action, the reform pathway could strengthen democratic legitimacy and public confidence in Fiji’s governance, offering a hopeful trajectory for the country’s constitutional future.
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