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AG Office says referendum question on constitutional amendment meets all requirements

Attorney General, Ahmed Usham made these remarks at the press briefing held by the government on Sunday afternoon, August 25, 2024. (Photo: President's Office)

The Attorney General’s Office said on Tuesday that the question proposed for the upcoming referendum on holding presidential and parliamentary elections together, and on shortening the current parliamentary term, meets all constitutional requirements.

The statement follows remarks by former Supreme Court Justice Husnu Al‑Suood, who argued on Monday that the question formulated for the visible vote does not comply with the Constitution. Suood said the proposal contradicts Article 262, which governs constitutional amendments, and fails to properly address the provision that determines the “age” or term of Parliament.

In its response, the AG’s Office said it had observed “misleading information” being circulated regarding the referendum and the legal procedures governing it.

According to the Office, the Eighth Amendment Bill seeks to achieve two objectives:  

  1. To hold parliamentary elections simultaneously with the presidential election; and  

  2. To shorten the current parliamentary term to five years by shifting the start date of the term to December 1, enabling administrative alignment of both elections.

The AG’s Office noted that certain constitutional amendments require public approval through a referendum. Under Article 262(a) and (b), a constitutional amendment passed by Parliament becomes law only after presidential approval and, where required, a public referendum in which a majority votes in favour.

One of the provisions that triggers a referendum under Article 262(b) is Article 79(a), which outlines how parliamentary terms are counted. Because the Eighth Amendment proposes changes to this provision, a referendum is mandatory, the Office said.

The Office added that the President must issue a decree specifying the full wording of the question, the reason for the referendum, and the timeframe in which it will be held, as required under the General Referendum of the People Act.

The question for referendum proposed in the President’s resolution asks:  

“Do you agree for the President to approve the Eighth Amendment to the Constitution to hold the presidential and parliamentary elections together and to define the rule of counting the age of Parliament?”

According to the AG’s Office, this wording fully complies with Article 262(b) and the Referendum Act, and accurately reflects the amendment’s purpose. “Interpreting this in any other way would be contrary to legal and constitutional principles,” the statement said.

The AG’s Office concluded that the government has acted in full accordance with constitutional and legal procedures in submitting the Eighth Amendment Bill and initiating the referendum.

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