A NEW government following the next general election will not be legally obliged to continue the proposed amendments to the 2013 Constitution, says prominent Suva lawyer Richard Naidu.
Mr Naidu said the incoming government could abandon the constitutional amendment process altogether, regardless of how far the current Government had progressed with the proposed changes.
He said if the Constitution (Amendment) Bill 2026 failed to pass its third reading before Parliament was dissolved, it would automatically lapse.
Asked whether the incoming government would be required to continue the process, Mr Naidu’s answer was blunt: “No.”
He also said that the incoming government could choose not to pursue any constitutional amendments or replacement legislation.
“The new Government would not have to do anything,” Mr Naidu said.
“It could choose to do nothing about amending or replacing the Constitution.
“If it chose to go forward with the Constitution (Amendment) Bill or some other legislation it would be up to the new Government what process it would follow, as long as it complied with the requirements of the Constitution and the Standing Orders of Parliament at all times.”
Mr Naidu also confirmed that an incoming government could abandon the proposed amendments even if the current Parliament had completed the consultation and parliamentary committee stages.
“Yes,” he said when asked whether the new government could abandon the amendments altogether.
The political uncertainty surrounding the Bill is heightened by the positions taken by coalition partners, with the National Federation Party having already decided not to support it at the third reading.
The Social Democratic Liberal Party also said earlier it wanted the 2013 Constitution completely removed.
This week it indicated it would only support the Bill if all its requests were included in the proposed amendments.
