Concerning the Constitutional (Amendment) Bill 2014, the biggest flaw in The Constitution of T&T is the fact that the Government has constitutionally found a way to allow one senator–or in this particular case, three independent senators–to call the shots in changing the electoral face of T&T, supposedly because of a promise made in its election manifesto.
The Senate, as constituted, consists of 31 senators, "nine (of whom) shall be appointed by the President in his discretion from outstanding persons from economic or social or community organisations and other major fields of endeavor."Of the other 22, all of whom are appointed by the President, 16 are recommended by the PM and six by the Leader of the Opposition.Senators appointed by both the Government and the Opposition will be expected to tow their party lines.
What about the non-elected, independent senators selected by the President, himself being a selected head of state? Is one to assume that these senators are sufficiently independent thinkers that they do not tow a presidential line, if such a line exists? The President, coming from a judicial background or not, exercises his right to vote in a general election. Isn't this the ultimate expression of political bias? With whom do the independent senators consult?
In the instance of the Constitutional (Amendment) Bill 2014, three selected independent senators, themselves having been appointed by a selected President, have been able to convince the Senate that the bill should be returned to the Lower House for a third reading and subsequently for the assent into law by the selected President who, according to former Chief Justice Satnarine Sharma's interpretation of the Constitution, cannot stultify the will of elected representatives, he has to assent.
A president should assent, otherwise resign. Another former chief justice, Michael de la Bastide, opines that the President must act in accordance with Sec (80) of the Constitution which states that all of the President's powers are exercised on the advice of Cabinet.Debate on the Constitutional (Amendment) Bill–to date–has exposed the fact that the Constitution of T&T vests too much power in the hands of non-elected independent senators appointed by a selected president.
John Henry
Petit Valley