Kunal Singh, counsel for Opposition Leader Inia Seruiratu, has urged the Supreme Court to restrict itself to the constitutional limits of its jurisdiction in the ongoing reference brought by Cabinet.
He argued that the Court is not being asked to assess the validity of the 2013 Constitution, but merely to interpret and apply its provisions, specifically sections 159 and 160.
Mr Singh said the questions posed by Cabinet are narrow and procedural in nature.
“The Constitution was introduced by a bill, and that is now the accepted law,” he said.
He warned against attempts to reopen the debate about the legitimacy of the 2013 Constitution within the scope of this reference, suggesting such matters would require a separate legal application.
While other parties and lawyers have argued for a broader interpretation that could potentially revive the 1997 Constitution or invalidate the current one, Singh disagreed.
“The questions do not ask the Court to disapply the Constitution, they only ask whether certain sections apply and how,” he said.
He cautioned that expanding the Court’s role beyond what is outlined in Section 91(5) could risk undermining Fiji’s constitutional order.