ARTICLE 171

February 4, 201, By KNews, Filed Under Features/Columnists, Peeping Tom, Source

I did not plan to revisit the issue of the Chief Justice’s ruling in the Budget cut case.  You learn that in this country that no matter how incontestable are your arguments, you will never change some persons’ minds because political interests often supersede legal reasoning.

However, an accidental deletion of some words in one of the paragraphs in yesterday’s column has prompted this follow-up. I will use this opportunity to make the correction and also to address some of the confusion that has arisen over Article 171 of our Constitution.

But first let me deal with the correction to yesterday’s column where it was stated: “The essence of the CJ’s decision is that if the National Assembly is allowed to approve the Estimates, this would amount to it preparing its own estimates and then approving it (sic).”

This particular line should have read: The essence of the CJ’s decision is that if the National Assembly is allowed to amend the Estimates, this would amount to it preparing its own Estimates and then having to approve them.”

One of the arguments made in support of the contention that the opposition parties had a right to amend the Estimates concerned Article 171 of the Constitution. Even though the Chief Justice has done a thorough job in dissecting this Article and explaining its purpose and lack of relevance to the issue of the Estimates, it still seems as if some persons are of the view that the right to reduce the Estimates of Expenditure is provided by this Article of Guyana’s Constitution.

For the layman’s benefit, I will try to simplify the Article and point out only the most salient features that relate to the controversy over the right to cut the Estimates.

Article 171 has two parts. The first part asserts the right of any member of the National Assembly to:
1)    introduce any Bill,
2)    propose a motion for debate,
3)    present a petition to the Assembly.

The second part of Article 171 is more relevant to the discourse about the Budget cuts. It essentially provides that in respect to certain Bills and motions, the consent of the Cabinet is required.

What are these Bills and motions that require the consent of Cabinet? They concern financial matters and particularly those that impose or increase a tax as well as those that impose a charge on the Consolidated Fund or amend a charge already imposed on the Consolidated Fund.

The purpose of this subsection of Article 171 is obvious. When it comes to financial matters of the country, this is the preserve of the administration and therefore no Bill or motion can impose new tax or increase a new tax without the consent of Cabinet.

No member can therefore introduce certain Bills and motions without the Consent of the Cabinet.

The said Article 171 prohibits either by motion or by a Bill the introduction of any measure that imposes a charge on the Consolidated Fund, without the consent of Cabinet. But it does allow, by Bill alone, for a reduction of a charge which has been imposed on the Consolidated Fund.

This however does not mean that the Assembly can by a Bill reduce the Estimates without the consent of Cabinet. It cannot do so because Article 171 only allows for a reduction of a charge already imposed on the Consolidated Fund and this is totally different from cutting the Estimates.

The Chief Justice held and, I believe rightly so, that the power to reduce a charge already imposed on the Consolidated Fund has nothing to do with the reduction of the Estimates.

The Estimates do not constitute a charge imposed on the Consolidated Fund. They are for consideration by the Committee of Supply. It is only after the Assembly has approved of the Estimates and the relevant Appropriations Bill has been prepared is a charge imposed on the Consolidated Fund.

Once this is understood it will clear up the confusion over whether the National Assembly can reduce by Bill the Estimates. It cannot. It can by Bill reduce a charge already imposed by some other Bill or by the Constitution on the Consolidated Fund.