Lawyer representing the Inia Seruiratu group in Parliament has passionately defended the legitimacy and authority of the 2013 Constitution, urging the Supreme Court to uphold it as the supreme law of the land.
Kunal Singh said the 2013 Constitutions acceptance as the governing law is indisputable.
“The preamble itself makes it clear that we the people recognize this Constitution as the supreme law of our country,” he said.
Mr Singh further argued that the Constitution provides clear pathways for amendments, and partial compliance is neither feasible nor lawful.
“There are clear paths in the Constitution, and the path laid down towards amendment following, with open eyes the question, the suggestion of partial compliance is nonsensical and would cause mayhem and complete this forum in relief of the state section three directed that any interpreting or applying the Constitution must do so in a way that promotes its built purpose and object,” he said.
He called on the court to defend the rule of law.
“With the greatest respect, if this Court were to withhold recognition of a provision or treat a conditional clause, would be acting in contrary to a solemn oath.”
“The duty is to uphold the Constitution as a whole and not in part.”
He also spoke on the question of whether the court could dilute constitutional requirements due to their difficulty.
“The court cannot reduce or dilute a constitutional requirement simply because it’s difficult to achieve.”
Mr Singh concluded by cautioning against allowing political motives to influence the legal framework.
“We cannot and must not allow our legal system and framework to be manipulated by political motives.”
“The Constitution must be upheld in its entirety, anything less risk throwing the court into a political spin.’
He said any amendment must ultimately meet the test of people’s referendum and the three quarter requirements.