Siddarth Nandan [Photo: Supplied]

Fiji Labour Party’s intervener in the Constitution interpretation matter says they can only know if the constitutional amendment can get a 75 percent support in a referendum if the correct process is followed.

Siddarth Nandan was responding to a question by Justice William Young during his submission on behalf of the FLP in Veiuto, Suva, this morning.

Nandan says the correct process is to pass the legislation in Parliament and then hold a referendum.

He adds that this attempt was made only once by parliament, and then the matter was brought to the Supreme Court for their interpretation.

Nandan also clarified a key point about the 75% threshold, stating it applies to the people who actually vote in the referendum, not all registered voters.

“I am prepared to engage my Lord, how do we know it is possible? And the way you do it is you try and pass the legislation through the Parliament and then you try and do a referendum and see what the results of it are. There has only been one attempt at that so far. Let the State do the work first and then test whether the results of that work is constitutional and lawful or not. So they have put the cart before the horse and come here to this court. That is what I am saying.”

Nandan adds that by trying to weaken the amendment process, the state is also weakening the protection of fundamental rights.

He submitted that the liberal aspect of a democracy – the entrenchment of human and minority rights is the most crucial part.

He also pointed out internal contradictions within the 2013 Constitution itself, such as providing rights without the means to effectively enforce them.

Ultimately, Nandan argues against making it easier for the state to amend the constitution, saying this could lead to the “unraveling” of these rights.

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