The President is no rubber stamp of the National Assembly, which is a fundamental constitution reality which must be recognized by the legislative. This view was expressed by central committee member of the People’s Progressive Party Anil Nandlall during a news conference at the party’s head quarters on Monday.
The combined opposition has described President Donald Ramotar’s decision to withhold his assent to two bills passed in the house by the opposition as unconstitutional and unreasonable. However, central committee member of the PPP and Attorney General Anil Nandlall said such belief of the opposition is rooted in fantasy rather than in reality.
He sighted clauses in article 51 and 171 of the constitution which shows that the president acted within the constitutionally prescribed parameters.
“The President has a constitutionally endowed jurisdictional freedom to withhold his assent to bills if he believes them to be misconceived and wrong in principle that is a presidential prerogative which cannot be whittled away at the altar of political expedience.”
Nandlall reminds that the National Assembly is not Parliament, since Parliament is made up of the Assembly and the President. He deems as flawed, some statements by commentators that it is the court to decide the constitutionality of legislation and not the President.
“This is patently an irrational assumption its irrationality can vividly illustrated by examining the converse situation which is the President assenting to the bills can it then in that circumstance be intelligently argued that the President has determined the constitutionality of the bill and therefore has effectively ousted the court’s jurisdiction from ever entertaining a challenge”
President Donald Ramotar on Tuesday last wrote to Speaker of the National Assembly, Raphael trotman, advising that he withholds his assent to the Fiscal Management and Accountability (Amendment) Bill and the Former President’s (Benefits and other facilities) Amendment Bill, which were passed by Parliament.
The president in his letter to Trotman chronicled the reasons behind withholding his assent and highlighted that both bills were in collision with the constitution.