Fiji’s proposed 2026 Draft Constitution would require a state of emergency declared by Cabinet to receive majority support from the House of Representatives, while also giving the High Court power to terminate an emergency declaration.
Under the proposal, Cabinet could declare a state of emergency for all or part of Fiji on the recommendation of the National Security Council where there are reasonable grounds to believe security and safety are threatened and an emergency is necessary to address the circumstances.
If the House of Representatives is sitting, the Prime Minister would have to refer the declaration to the House for confirmation within 24 hours.
If Parliament is not sitting, the Speaker would have 48 hours to seek confirmation from House members using necessary means of communication.
A declaration confirmed by a majority of MPs would remain in force for one month and could subsequently be renewed through another vote in the House.
Significantly, if a majority does not confirm the declaration, the Draft Constitution states that the emergency declaration “and any actions taken under the declaration shall be deemed to be of no effect.”
The House would also have continuing authority to terminate an emergency declaration or amend or disallow regulations introduced under it.
The proposed Constitution provides a further judicial safeguard, allowing any person to apply to the High Court to challenge a state of emergency. The court could terminate the declaration if the circumstances did not, or no longer, justify it and could issue orders necessary to restore government under the Constitution.
The draft also provides for emergencies occurring after Parliament has been dissolved. In such circumstances, the President would be required to recall members of the dissolved House, who could exercise the House’s emergency powers.
However, the scheduled general election would still have to proceed, with the recalled House again dissolved immediately before polling day.
Where the parliamentary term is due to expire while an emergency remains in force, the President, acting on Cabinet’s advice, could extend the term. Such extensions could not exceed a total of 12 months.
The provisions form part of the 2026 Draft Constitution released with the Constitution Review Report and remain proposals rather than current law.
