Dear Editor,
In his haste to impart important constitutional principles to those of us less knowledgeable, Mr Anil Nandlall (‘PM sitting in Parliament while performing as President…’SN, August 31) appears not to have bothered with the main thrust of Mr Ralph Ramkarran’s article (Sunday Stabroek, August 30) to which he responds.
I understood Mr Ramkarran to be saying (and despite our familiarity with each other, the first time I knew what the topic was or saw the article was when I read Sunday Stabroek and we have neither spoken about the article nor this letter) that there is a President of Guyana, whether he is in or out of the country, and that person is not the Prime Minister.
So, the all-important Article 51 of the Constitution, drawn to our attention by the eagle-eyed Mr Nandlall, really has nothing to do with anything in this context. Parliament continues to consist of the President (at this time President Granger, whether he is in Georgetown, Port of Spain or New York) and the National Assembly.
When the President leaves Guyana he does not mysteriously morph into something else. He remains the President of Guyana. Any person performing any of his functions which are required to be performed in Guyana does them on his behalf and not of their own accord. Surely Mr Nandlall is familiar with the concept of a power of attorney. If I do something on his behalf with his permission, I will not – regrettably, because of his enviable erudition – become him. The act remains his act whether I do it with his permission or he does it.
The case of the Chief Justice performing the functions of the Chancellor does not apply here. In that situation there was no Chancellor. In the situation under discussion, there is a President. If, in the unlikely event, the Prime Minister performs the minor administrative function of placing his signature on a bill passed by the National Assembly indicating the President’s assent, it is exactly that, the assent of the President who remains a different person from the Prime Minister. No consequences, dire or minor, will occur if that were to happen (save that Mr Nandlall may gnash his teeth, dash off a few letters to the press, hold a press conference and file a case).
Yours faithfully,
Kamal Ramkarran
