Prime Minister Sitiveni Rabuka has tabled the Constitution Amendment Bill in Parliament, with the debate to take place on Friday.
Prior to tabling the Bill, the Parliament, following a debate, suspended Parliamentary Standing Orders 6(5) and 92.
Standing Order 6(5) says suspending Standing Orders cannot override the Constitution or any other law, while Standing Order 92 prevents Parliament from introducing Bills that breach specified constitutional provisions or unlawfully affect certain laws.
While opposing the suspension, Opposition MP Jone Usamate says removing a parliamentary rule does not remove restrictions already contained in the Constitution.
Usamate says Standing Order 92 recognises and reinforces constitutional restrictions rather than creating them.
He says replacing the entire Constitution remains a constitutional amendment and must follow the procedures prescribed in Chapter 11.
Usamate says Parliament is subject to the Constitution, which remains the supreme law of Fiji, and believes the proposed procedure seeks to circumvent specific constitutional provisions.
Opposition MP Faiyaz Koya also opposed the suspension, and questioned whether the Government had complied with the requirement to publish notice of the Bill, together with a copy, in the Gazette at least two days before its introduction.
He says the Government should have sought further judicial interpretation or guidance on the constitutional provisions restricting the amendments it intends to make.
Koya says while the Supreme Court lowered the amendment threshold, it also affirmed that the 2013 Constitution is lawful and valid.
He says the Opposition will debate the proposed changes once it has the Bill, but does not support the procedure used to introduce it.
Leader of the Opposition Inia Seruiratu says the Opposition is not seeking to prevent Parliament from discharging its responsibilities, but wants the Government to operate within existing laws.
Seruiratu says the Standing Orders and the Constitution must be read together because the provisions being suspended are linked to the constitutional amendment process.
He urges Parliament to approach constitutional reform with wisdom and caution, stressing that having the numbers should not replace the need to build trust.
Seruiratu says MPs must lead by example by operating within the law and strengthening relationships both inside and outside Parliament.
While supporting the motion, Minister for Lands Filimoni Vosarogo says seeking the suspension of Standing Orders 6(5), and 92 will enable the introduction of the consideration of the Constitution Amendment Bill 2026 and its significance extends beyond just procedure.
He says it concerns the ability of Parliament to perform one of its most fundamental constitutional functions, namely, consider, debate, and determine proposed legislation before Parliament.
Vosarogo says the Supreme Court provided legal clarity regarding the origins of the 2013 Constitution, affirming that it was not founded on the draft constitutional bill submitted by the Constitutional Review Commission, led by Professor Yash Ghai, but was instead developed through a different process involving a select group of individuals by the previous government.
He adds that the Supreme Court ruled that the 2013 Constitution had a democratic deficit, apart from those select groups of individuals, the absence of all others.
The Minister says that finding is significant because it provides an important context to the constitutional reform and it recognizes that while many people participated in the consultative process undertaken by the Ghai Commission, the constitutional instrument that ultimately came into force followed a different course.
Vosarogo says it is therefore appropriate that Parliament should now have the opportunity to consider proposed reforms arising from the constitutional review process that has been undertaken and once again engaged directly with the people of Fiji.
He adds the Constitutional Review Commission undertook extensive consultation throughout the country, receiving submissions from citizens, community leaders, civil society organizations, faith-based groups, professional bodies and other stakeholders.
The Minister says constitutional legitimacy is at its strongest when constitutional reform is informed by the people, guided by the rule of law and undertaken through transparent and democratic institutions.
He says in his view, his provides a sound, credible and legitimate basis upon which Parliament can now discharge its constitutional responsibility by considering the proposed amendment through this parliamentary process and it is also important to reflect on the fundamental constitutional role of Parliament as Parliament is the supreme legislative institution of the State, and is vested with the authority to make, amend and repeal laws on behalf of the people of Fiji.
The Minister says the motion before them does not predetermine the outcome of the bill, but rather, it seeks to enable Parliament to perform its constitutional function by allowing the bill to be introduced, debated, scrutinized and ultimately voted upon.
The motion was put to a vote where 36 MPs voted for, 30 MPs voted no and three did not vote.
