Dear Editor,
Reference a letter from Mr. Vishnu Bisram published in the newspaper 17th October 2024 captioned “Announce that the 1980 constitution was born out of fraud thus making it illegal” apparently it was in reference to an editorial by SN “Ramkarran and CRC” (Sep 22) which was also in reference to an earlier letter from Ralph Ramkarran. Unfortunately, that boat has already sailed, according to Sir Fenton Ramsahoye.
Years ago, I had asked him if it were not possible to get a court to declare the 1980 constitution unlawful since it was clearly based on a rigged referendum, Fenton’s legal opinion was that if Dr. Jagan had gone to Parliament in 1992, and by a simple majority vote got the parliament to rule that the referendum was rigged, thereby making the 1980 constitution null and void, his opinion was that by embracing the Constitution as he did in 1992 when the PPP entered parliament, Dr. Jagan forever denied any legal challenge to it, since that act by him, told the world that the PPP and the PNC accepted it. So the 2/3 majority of Parliament will now be required to change the offending articles.
But change it we must, too many of the basic concepts contained in that constitution are now constantly being violated with impunity, since whatever we may be now, we certainly are not a society in transition to a socialist state, e.g. the Regional/National Democratic Organs being controlled by the state through a Minister of Local Government, which the constitution does not visualize, the NCLDO not in place etc. Our local constitutional lawyers would be able to identify many more violations, I’m sure.
Only constant litigation by the main political parties when in opposition, through continuous challenges to any violation of the 1980 constitution taken by the government which offends the transition to socialism concept, can force the party in power to agree to make the necessary changes. Of course, we as a nation can, on an ongoing basis, demand a new referendum on the matter, but it is quite conceivable that it will be rigged again.
Sincerely,
Tony Vieira
