{"id":46138,"date":"2026-06-08T12:56:57","date_gmt":"2026-06-08T08:56:57","guid":{"rendered":"https:\/\/www.mauritiustimes.com\/mt\/?p=46138"},"modified":"2026-06-08T12:56:57","modified_gmt":"2026-06-08T08:56:57","slug":"shaping-the-future-why-citizens-not-just-the-elite-must-drive-the-constitutional-debate","status":"publish","type":"post","link":"https:\/\/www.mauritiustimes.com\/mt\/shaping-the-future-why-citizens-not-just-the-elite-must-drive-the-constitutional-debate\/","title":{"rendered":"Shaping the Future: Why Citizens, not just the Elite, must drive the Constitutional debate"},"content":{"rendered":"

Opinion<\/span><\/u><\/span><\/p>\n

By <\/strong>Sheetal Sheena Sookrajowa & Sada Reddi<\/strong><\/span><\/p>\n

Recent experience demonstrates that democracies are fragile institutions, and even nations with deep-rooted democratic traditions can drift toward autocracy under severe stress. Our own experience in the last decade suggests that our democratic institutions must be further consolidated, and this is one major reason for welcoming the introduction of the Bill setting up a Constitutional Review Commission.<\/span><\/p>\n

The participation of 28 parliamentarians in the debate, capped by the Prime Minister\u2019s summing up, raises high hopes that 2028 will mark not merely the 60th anniversary of our 1968 Constitution but its creative, pragmatic adaptation to modern Mauritius.<\/span><\/p>\n

The wide range of issues to be addressed by the Commission, together with the extensive consultations with the nation at large envisaged in the Bill, could prove to be a game changer in the process of strengthening and consolidating our democratic fabric. Inevitably, this process will require considerable time and effort. It will involve not only examining constitutional precedents and best practices from other countries, but also identifying issues within our current framework that experience has shown need to be addressed.<\/span><\/p>\n

The flexibility of our Constitution has already allowed more than 30 amendments to be incorporated, most of them driven by political considerations and with mixed consequences for our democracy. One hopes that, by the time the electorate goes to the polls in 2029, many well-considered reforms will have been incorporated into our democratic framework. Some of these may require a two-thirds or three-quarters majority in Parliament, while others may necessitate a referendum. Certain specific issues may also warrant a free vote by Members of Parliament.<\/span><\/p>\n

It is well known that many of the proposed reforms have already been debated by politicians, the media, civil society, and even through court proceedings. This time, however, the population is being invited to participate fully and actively in the process. It is an opportunity that the nation should seize — not only to make its views known, but also to campaign vigorously for its proposals and secure a meaningful seat at the table during the deliberations.<\/span><\/p>\n

One should not underestimate the capacity of Mauritian citizens to make thoughtful, informed, and constructive contributions to this national debate. Most importantly, the younger generation — and students in particular — should be encouraged to engage actively with these issues. Schools, colleges, and universities should organisze debates and discussions on the various reform proposals, examining them critically and in depth. After all, constitutional reform is ultimately about shaping the future, and it concerns future generations more than anybody else.<\/span><\/p>\n

Given the time frame within which the Commission is expected to complete its work, it is apposite to remind ourselves that our Independence Constitution is the product of a long and gradual evolution. In its modern form, its origins can be traced back at least to 1947. However, the process that ultimately led to full internal self-government and, eventually, to the present Constitution began in earnest in 1962, following the Constitutional Review of 1961.<\/span><\/p>\n

That year marked the start of extensive consultations involving the Colonial Office, the Governor, and the Chief Justice of Mauritius. Constitutional development was not left solely to politicians; key institutional actors also played an important role in shaping the framework that emerged. For example, it was the Chief Justice, Sir Rampersad Neerunjun, who suggested that Mauritius adopt a constitutional provision similar to Section 1 of Chapter I of the 1962 Constitution of Trinidad and Tobago. That section declared:<\/span><\/p>\n

\u201cIt is hereby recognized and declared that in Trinidad and Tobago there have existed and shall continue to exist, without discrimination by reason of race, origin, colour, religion or sex, the following fundamental human rights and freedoms\u2026\u201d<\/em><\/span><\/p>\n

His proposal was accepted and adapted for the Mauritian constitutional framework.<\/span><\/p>\n

Following these initial consultations, officials from the Colonial Office, the Secretary of State for the Colonies, and the constitutional adviser, Professor Stanley de Smith, engaged in intensive discussions with major stakeholders, including members of political parties and extra-parliamentary groups, such as the Tamil United Party and the Muslim United Party of Ajum Dahal.<\/span><\/p>\n

Professor de Smith also issued a public communiqu\u00e9 inviting all Mauritians to submit their views. In response, he received around 40 submissions. He subsequently produced his report in November 1964, following approximately two months of work in Mauritius. This report, which was widely circulated and publicly disseminated, became the basis for the Lancaster House Conference, where every clause of the proposed constitutional framework was scrutinised by Mauritian delegations. The drafting process continued up to 1966.<\/span><\/p>\n

In all, the constitutional negotiations spanned roughly two to four years. However, electoral reform was treated separately, later addressed by the Banwell Commission and subsequently modified in significant respects by the Stonehouse Commission.<\/span><\/p>\n

One should not underestimate the task ahead over the next two years, nor assume that the process of constitutional amendment will proceed in a smooth manner. Certain proposals are likely to command broad consensus, such as the introduction of a requirement that at least one-third of Members of the National Assembly be women. This objective could be achieved through various mechanisms, for instance by providing that, in a three-member constituency — or, in the case of Rodrigues, a two-member constituency — at least one elected representative be a woman. Several constitutional experts have already articulated alternative models to achieve the same outcome.<\/span><\/p>\n

At the same time, other issues are likely to prove more contentious. These include, in particular, mechanisms designed to safeguard a strict separation of powers and to prevent institutional conflicts between the executive and the judiciary, such as situations in which a Chief Justice might be drawn into the formal validation of legislation that has been rejected by the President and his Deputy.<\/span><\/p>\n

Careful attention will also need to be paid to maintaining a delicate balance in the appointment of certain high constitutional office holders. On the one hand, there is a legitimate need to ensure meaningful consultation with the Prime Minister and to preserve the principle of responsible government; on the other, there is an equally important requirement to safeguard institutional independence and avoid excessive concentration of executive influence. These tensions were already examined by Professor de Smith in his 1964 work on Commonwealth constitutions, which remains highly relevant to the present debate.<\/span><\/p>\n

Transforming negative rights into positive constitutional obligations would be a demanding undertaking, one that many developed countries have approached with caution for practical and institutional reasons.<\/span><\/p>\n

For instance, the recognition of rights of nature is a highly progressive and forward-looking idea. It could imply granting constitutional protection not only to individuals, but also to ecosystems such as trees, rivers, forests, wetlands, lagoons, and beaches. It may even entail placing limits on the conversion of agricultural land in order to safeguard long-term food security.<\/span><\/p>\n

However, translating such principles into fully justiciable rights raises significant challenges in terms of definition, enforcement, and implementation. Even in Ecuador, the first country to enshrine the rights of nature in its Constitution, practical outcomes have remained relatively modest.<\/span><\/p>\n

Nevertheless, despite these difficulties, there is a strong argument for including such principles in any forward-looking constitutional framework. They can serve as a blueprint for the future — guiding gradual and sustained policy development over time, with the aim of ensuring that future generations inherit a country that is environmentally sustainable.<\/span><\/p>\n

As for electoral reform, it may be wise to treat it separately from the work of the Commission, as it is likely to prove the most contentious issue. The public has already submitted a range of proposals, many of which have been widely debated in the press. Linking this sensitive matter too closely with the broader constitutional review risks undermining consensus on the other reforms.<\/span><\/p>\n

Indeed, even during the Lancaster House Conference, discussions on elections and electoral reform came close to breaking down. Dr Seewoosagur Ramgoolam and Abdool Razack Mohamed temporarily left the conference in protest, followed subsequently by the Parti Mauricien Social D\u00e9mocrate (PMSD) delegation walking out.<\/span><\/p>\n

The conference was ultimately salvaged only after a commitment was made to establish a commission on electoral reform under Harold Banwell. However, this too generated strong opposition, and John Stonehouse was later sent to seek a workable compromise. According to Veerasamy Ringadoo, the outcome was ultimately disappointing for the leadership of the CAM.<\/span><\/p>\n

At this stage, one can only hope that the constitutional reforms will reflect the wishes and aspirations of the nation for a more vigorous democracy, capable of ushering in a new model of sustainable society and development for generations to come.<\/span><\/p>\n

The Independence Constitution has served the country well for nearly six decades. It provides a solid foundation upon which further improvements can be built, drawing on accumulated experience and taking into account evolving needs and future challenges.<\/span><\/p>\n

However, the most important consideration is that citizens must play a meaningful role in this process. Constitutional reform should not be left solely in the hands of an elite or political class to determine the nation\u2019s future. It must be a genuinely participatory exercise, in which the people themselves should play a meaningful role.<\/span><\/p>\n

\n

Mauritius Times ePaper Friday 5 June 2026<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

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