Constitution Bill passes second reading with required 35 votes

Constitution Bill passes second reading with required 35 votes

The Constitution Amendment Bill 2026 has passed its second reading in Parliament after the Government secured the required 35 votes.

A total of 38 MPs voted in favour of the Bill, five voted against it, nine abstained and one did not vote.

The Bill will now proceed to its third reading.

A Joint Parliamentary Select Committee led by Prime Minister Rabuka, and Deputy Prime Minister Viliame Gavoka, National Federation Party Leader and MP Professor Biman Prasad, Acting Attorney General Siromi Turaga, Minister for Lands Filimoni Vosarogo, Minister for Information Lynda Tabuya, Minister for Rural and Maritime Development Mosese Bulitavu, Leader of the Opposition Inia Seruiratu and 3 members of the Opposition nominated by the Opposition Leader will have consultations with the people of Fiji over the next 30 days.

The Special Committee will report back to Parliament on 2nd November.

If the 66 percent vote is achieved in the third reading, the Fijian Elections Office would then have to conduct a referendum, and the Constitution will only be amended after the approval by a majority of voters, voting in that referendum.

The referendum period will be between 30 and 45 days after the writ is issued by the President to allow time for voter education, overseas voting arrangements and electoral preparations.

Voters will be able to tick, cross or circle either Yes or No on the ballot paper, and multiple referendum questions may be included on a single ballot paper.

The Supervisor of Elections will prepare national referendum results, which will be endorsed by the Electoral Commission before it is sent to the President for the final declaration.

Rabuka says what Parliament discussed today is not just a Bill, but a framework by which people will live, work, raise their families, practise their faith, protect their communities and determine the future of the country.

He says the Constitution must serve the people and respond to the realities they face today and in the future.

Meanwhile, a total of 12 speakers from both the Government and the Opposition spoke on the Bill during the debate.

Opposition Leader, Inia Seruiratu says any new constitutional framework must serve Fiji fairly and democratically for generations and should not be shaped around the interests of the government, opposition or institutions of today.

Seruiratu says constitutional reviews provide an opportunity to change the direction of the country, but there must be a clear understanding of why change is necessary, what needs to change and the implications and benefits of those changes.

He says the process must be guided by good governance, including public participation, consensus, inclusivity, accountability and transparency.

Seruiratu stresses that the Bill is not an ordinary piece of legislation, as it proposes to repeal provisions of the 2013 Constitution, with the exception of Chapter 10, and replace them with a new constitutional framework contained in the schedule to the Bill.

He says this places an enormous responsibility on Parliament.

Seruiratu says governments come and go, Prime Ministers and Opposition Leaders change, political parties rise and fall, and every Member of Parliament will eventually leave public office, but a constitution is intended to endure beyond the political circumstances of the day.

He says Parliament must therefore consider whether the proposed constitutional system will serve Fiji fairly and democratically for generations to come.

The Opposition Leader also says constitutional legitimacy cannot simply be measured by whether consultations were held or submissions received.

He says there is an important distinction between consultation and genuine public ownership, and the key question is whether the final document sufficiently reflects the aspirations, concerns and expectations of the wider population.

Seruiratu says constitutional recognition must also go beyond words in a preamble, with institutions established under the Constitution giving every community confidence that they have a place, a voice and an equal stake in Fiji's future.

He says constitutional reform should never become a contest where recognition of one community is perceived as coming at the expense of another.

Seruiratu also stressed the importance of retaining a common national identity.

He says the strength of a constitution cannot be measured only by the promises contained in its text, but also by whether the institutions it establishes are capable of upholding those promises when they come under pressure.

Acting Attorney-General Siromi Turaga says amending the 2013 Constitution would bring Fiji's constitutional framework more closely in line with international human rights standards and reflect the belief that human dignity, equality and justice are rights that must be respected and protected.

He says the Bill proposes to remove the Fiji Independent Commission Against Corruption of Fiji.

The Acting AG says the Bill restores the arrangement by returning investigations to the police and the prosecution to the Director of Public Prosecutions.

Turaga says the retirement age should apply equally to all judges, regardless of their citizenship status.

He says the Bill removes the disparity whereby local judges must retire at 70 years.

Turaga says it provides a strong safeguard for every citizen, unlike the 2013 Constitution.

Deputy Prime Minister and Minister for Trade Manoa Kamikamica says the proposed Constitution Amendment Bill represents more than constitutional reform and could help lay a stronger foundation for Fiji's economic growth, investor confidence and business development.

While speaking in support of the Bill in Parliament, Kamikamica says the Bill aims to unify the people of Fiji and address issues including common identity, equal citizenry, religious freedom, security of land tenure and the Bill of Rights.

He says the Government will go to elections before February 2027 as required under the 2013 Constitution, and rejected claims that elections could be delayed.

The Deputy Prime Minister says if the Bill passes today vote, it will be taken around the country for 30 days to allow people to give their views before returning to Parliament for another vote and, if it passes the required parliamentary vote, it will be put to the people of Fiji in a referendum.

Deputy Prime Minister Viliame Gavoka says people should know who represents their community in Parliament and who they can turn to when they have concerns about roads, schools and other essential services.

Gavoka says the proposed return of constituency-based representation would create a more direct connection between communities and their elected representatives, giving people an identifiable MP who understands the issues affecting their community.

The proposed changes would also establish five specific maritime constituencies for Rotuma, Yasawa, Kadavu, Lomaiviti and Lau.

Former Deputy Prime Minister Professor Biman Prasad stressed that the National Federation Party supports taking the draft through a genuine process of parliamentary scrutiny, negotiation and consultation. However, he made clear that this support does not mean the NFP accepts every provision in the draft.

He says the committee must listen to concerns from all communities, particularly people who may feel anxious or uncertain about constitutional change.

He urged citizens to ask questions, disagree with proposals where necessary, and tell their elected representatives what they believe should be changed.

He also appealed to both government and opposition MPs to participate constructively in the committee process.

Opposition MP Jone Usamate says the amended Constitution should address issues such as democracy and unity and must never embed principles that lead to divisiveness.

Usamate says the Constitution is the most important law, and the mother of all laws of the country.

He says the tenor of the Constitution becomes the tenor of the nation, with all the good and bad that it brings.

Speaking about the idea of democracy and what it means, the Opposition MP says democracy is where people take the lead by giving ideas and leaders listen.

Usamate asks how well the Constitution manages the nexus between individual rights, liberal democracy and traditional power structures, such as the iTaukei structures of Tokatoka, Mataqali, Yavusa and Vanua.

He says there is a need to maintain and preserve traditional structures while at the same time seeing Fiji as a democracy where democratic rights and individual rights are cherished and protected under the Bill of Rights.

Usamate says another issue that needs to be reflected in the Constitution is the idea of unity.

Opposition MP Premila Kumar has raised concerns over proposed changes to Fiji's Constitution, saying any new constitutional framework must protect equal citizenship, religious neutrality, childrens' rights and the peoples' role in determining future constitutional changes.

Kumar raised concerns about the proposed Constitution introducing Christianity and family values as part of the foundational values of the State and provisions allowing the proposed Constitution to come into effect earlier than the stated date of 31st March 2028 through a notice by the President in the Gazette.

She has questioned a provision that permits lawful and moderate chastisement for the correction of children, the proposed return of a 23-member Senate and the constitutional role proposed for the Bose Levu Vakaturaga. 

She also questioned the removal of the requirement for a national referendum for future constitutional amendments.

However, she did not state whether she supports the Bill or not, but stressed that democratic renewal should mean more participation, transparency, accountability and stronger safeguards against the concentration of power.

Meanwhile, Opposition MP Praveen Bala says they have reservations about certain clauses in the Bill that require further discussion.

Bala says the Government should provide a side-by-side comparison of the Constitution Review Commission's draft and the Bill currently before Parliament, including the reasons for each change.

Opposition MP Ketan Lal says the Constitution is not an ordinary piece of legislation and therefore any changes to it must be guided by fundamental principles.

Lal says questions must be asked about whether the proposed changes protect citizens and hold the government accountable.

The Opposition MP says constitutional reform should pass the democratic test and any change must be justified.

He says changes to the Constitution should not be made to suit the government or because it does not like the Opposition.

Speaker of Parliament Filimone Jitoko reminded Lal that the second reading debate should focus on the principles and merits of the Bill, rather than general criticism.

Lal concluded by saying he does not support the Constitution Amendment Bill.

Opposition MP Faiyaz Koya says any constitutional reform must strengthen democracy, protect equal citizenship and ensure those exercising political power remain accountable.

Koya questioned whether the consultation process had been broad enough, and said that people must be given enough time to obtain and read the Bill and understand the proposed changes.

He says constitutional reform should be judged by whether the change is necessary, strengthens democracy, restrains power, protects equality and gives people greater confidence and control over those who govern.

He says the ultimate test comes down to three questions, which is where does the power sit, who exercises it, and who holds that person or institution accountable?

Koya concluded by saying that he does not support the Constitution Amendment Bill.

During his contribution, Deputy Prime Minister Manoa Kamikamica raised a point of order, saying Koya had made very little mention of the merits or demerits of the Bill and was instead discussing issues such as the timing of the process.

The Speaker also reminded Koya that criticism could be raised during the third reading and that the second reading was largely procedural in nature.

Minister for Immigration Viliame Naupoto says the Constitution before Parliament, in his view, projects and protects the spirit of what a good constitution should be.

He says it is founded on the values of democracy, justice, equality, accountability, and respect for the rights and dignity of the people.

While contributing to the debate on the Constitutional Amendment Bill, Naupoto says a constitution does not exist for its own sake, but to serve the people, protect their freedoms, strengthen democratic institutions and ensure that the sovereign will of the people remains at the heart of the constitutional order.

He adds that the people must be heard, and the people must decide.

Naupoto says if Members vote in favour of the Bill and it passes the second reading, it will proceed to a parliamentary committee, where members of the public will have the opportunity to express their views.

The Minister calls on those who strongly support the 2013 Constitution to have confidence in taking it to the people, while those who believe it should be changed should equally be prepared to make their case.

Naupoto says if the people believe the existing provisions are better than the proposed amendments, then they should say so.

He says they should reject the proposals and affirm through their democratic voice that they prefer the Constitution as it stands.

Minister for Lands and Mineral Resources Filimoni Vosarogo says the Bill dedicates a separate chapter to land to protect biodiversity.

He says it also provides equal rights for all and recognises and respects all languages used in Fiji.

Click here for full Constitution Amendment Bill coverage: https://www.fijivillage.com/indepth/2026-constitution-amendment-bill-tabled-in-parliament-9d3431/

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