The High Court in Suva has dismissed independent MP Ketan Lal’s application seeking interim relief to stop the third reading of the Constitution (Amendment) Bill 2026.
The application was heard by Justice Dane Tuiqereqere, with Mr Lal represented by lawyer Mohammed Saneem of Saneem Lawyers.
Mr Lal had sought orders restraining the Speaker of Parliament, Filimone Jitoko, from proceeding with the Bill’s third reading and notifying the President pending the determination of his substantive legal challenge.
The application arose from an originating summons challenging the legal validity of the Constitution (Amendment) Bill 2026 (Bill No. 32 of 2026) and its second reading in Parliament on October 2.
Mr Lal contends that the Bill violates section 159(2) of the 2013 Constitution by seeking to repeal provisions of the existing Constitution, except Chapter 10, including transitional immunities and savings provisions under Part D of Chapter 12.
He also challenges the voting threshold applied during the second reading, arguing that section 160(2)(b) requires a three-quarters majority of all 55 members of Parliament, amounting to 42 votes.
He maintains that even a two-thirds majority calculated against all 55 seats would require at least 37 votes, and disputes the binding effect of the 2025 Supreme Court Opinion relied on by the Speaker.
The Bill received 38 votes in favour, including two virtual votes.
With two vacancies, the Speaker treated the vote as meeting the required two-thirds majority based on 53 occupied seats.
Mr Lal further alleges that MPs were denied a full opportunity to debate the Bill, claiming the 150-page legislation was debated only two days after its introduction and for one day following the suspension of Standing Orders.
His application also sought to prevent the Electoral Commission from conducting a proposed national referendum on the constitutional amendment.
