Legal expert says election proposal could affect constitutional structure

Constitutional and legal expert Dr Shamsul Falah has stated that changes to the method of electing the People’s Majlis could affect the system of separation of powers and the structure of the Constitution.

He made the remarks on Saturday during a forum organised by the Bar Council ahead of the public referendum scheduled for the 4th of next month. The referendum will seek public opinion on aligning presidential and parliamentary elections.

The forum included legal professionals involved in drafting the Constitution. Discussions focused on whether the proposed amendment would result in structural changes to the Constitution. Dr Falah stated that the proposal would lead to such a change.

Participating online, he said the People’s Majlis is a central institution in the constitutional framework and that changes to how it is elected would affect the balance between branches of government.

“If the manner in which Parliament is elected is changed, it will affect the system of checks and balances. This impacts the separation of powers,” he said.

Dr Falah said that such changes relate to the structure of the Constitution and referred to Article 60, which requires a referendum for certain amendments.

He added that while amendments can be made through established procedures, there are limits to the authority of Parliament in making changes to the Constitution.

He also referred to Supreme Court rulings from 2012, which stated that constitutional principles form the basis of the state and that changes should not weaken these principles. The rulings emphasised the importance of maintaining separation of powers and protecting rights.

Dr Falah said the Constitution should be interpreted as a whole to maintain its structure.

He also expressed concern about the timeline for the proposed amendment and said there should be time for consultation and public discussion.

He added that a sitting Parliament should not determine its own constitutional term.