Supreme Court Clarification: A Path Forward for Constitutional Change?

Attorney General Graham Leung has emphasized that seeking clarification from the Supreme Court regarding constitutional amendments remains a valid option following the recent rejection of the Constitution Amendment Bill 2025. This setback has prompted the government to reconsider its next steps moving forward.

Leung pointed out that the Constitution allows the government to request an advisory opinion from the Supreme Court. He acknowledged that the proposed amendment would have led to significant changes, particularly aimed at addressing what he perceives as an excessive concentration of power within the Attorney General’s office. Leung expressed concerns over certain constitutional provisions governing elections, describing them as undemocratic and unfair, particularly criticizing the five percent threshold for parliamentary qualifications, which disproportionately affects smaller parties and independent candidates.

Finance Minister Professor Biman Prasad voiced his disappointment over the Opposition’s majority vote against the bill, suggesting they missed an important opportunity for constitutional review, despite acknowledging the need for amendments. The Deputy Prime Minister highlighted that the amendment process was procedural and aligned with the objective of pursuing a serious constitutional review.

Conversely, Opposition Leader Inia Seruiratu has alleged that lobbying influenced the bill’s debate. Nevertheless, he expressed satisfaction with the outcome of the vote, which was favorable to the Opposition.

This ongoing discourse on constitutional amendments reflects previous statements made by Attorney General Leung, who affirmed the necessity for the Constitution to evolve in tandem with societal changes. He has advocated for careful deliberation and collaboration among various political factions and civil society organizations in the reform process.

This current scenario fosters an optimistic dialogue around governance, showing potential for constructive change. The government appears dedicated to engaging with diverse viewpoints and addressing public sentiment, indicating a strong commitment to align the Constitution with the evolving aspirations of the populace. Through continued discussions and consultations, there may be a pathway leading to a more democratic and representative governance system.