Fiji’s Cabinet has confirmed it will seek the Supreme Court’s opinion on the interpretation and application of the 2013 Constitution’s amendment provisions, following the recent failure of a Bill aimed at easing those very rules.
The Constitution (Amendment) Bill 2025, which proposed lowering the parliamentary threshold for constitutional amendments from 75% to 66% and removing the requirement for a national referendum, fell short by one vote in Parliament in March. The defeat was a significant setback for the Coalition Government, which had made constitutional reform a key election promise.
The Government has now moved to file a Supreme Court reference under Section 91(5) of the Constitution, aiming to clarify the legal pathways available for constitutional change. It has also appointed leading Australian barrister Bret Walker SC to represent it in the case.
Attorney-General officials previously cited concerns about the stringent amendment process and called for more flexible rules to allow democratic reform. However, critics warned against bypassing public input. Prime Minister Sitiveni Rabuka has insisted the Government remains committed to a consultative process.
The Supreme Court’s opinion, while non-binding, is expected to guide the Fiji Coalition Government’s next steps.
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