Attorney General and Minister of Legal Affairs, Anil Nandlall, along with other Government Members of Parliament (MPs), on Thursday stood firm against amendments that were proposed in the National Assembly regarding the Local Government Commission Act.
For readers who are not aware, the Local Government Commission holds significant authority in regulating and staffing local government organs, including matters of employment, dismissal, and dispute resolution.
Opposition MP, Ganesh Mahipaul pushed for amendments that would require the commission to first receive recommendations from local government councillors before taking action. However, Minister Nandlall challenged the notion that such amendments would enhance the democratic functioning of local government bodies, asserting that they would, in fact, contradict the Constitution.
“The Constitution itself reinforces at Article 226 that one can’t…derogate from the independence which constitutional bodies are endowed with,” he asserted. Further citing Article 226 (1) of the Constitution, the Attorney General emphasized the independence of constitutional bodies, stating that they should not be subjected to the direction or control of any other entity. He further pointed out Section Three of the Local Government Commission Act, which aligns with the constitutional principle of independence.
Minister Nandlall also reminded the assembly that the Act in question was passed in 2013 with the support of the then-majority opposition. He highlighted the opposition’s previous stance, emphasizing their insistence on preserving the commission’s autonomy and independence. Citing its hypocrisy now, he criticized the current attempt to interfere with and weaken this independence.
He said the bill had gone to a select committee with provisions to broaden its discretion. “…And you know what the policy position of the opposition was? The commission’s autonomy and independence must not be interfered with at all. Today, they come to interfere with and dilute the very independence they fought for,” the minister reminded, adding that it is a crying shame to witness such actions.
