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Constitution Review 2026

What the Bill would change, and how to have your say

Parliament is considering the Constitution (Amendment) Bill 2026, which would replace the 2013 Constitution with a new one, keeping only its immunity provisions. A Special Committee is taking written submissions from the public, and anyone can send one. Below, you can read all three documents, compare 18 of the main changes side by side, and follow simple steps to send your submission.

Written submissions close

4pm, Friday 23 October 2026

Make a submission

The three documents

Read them in full. The Bill is the document Parliament is deciding on; the Commission report explains the reasoning behind it; the 2013 Constitution is what is in force today.

What the Bill would change

Each row sets out the position under the 2013 Constitution and under the Bill, with the clause reference.

Now — 2013 Constitution

An amendment needs three-quarters of all members of Parliament, and then a referendum in which three-quarters of every registered voter votes in favour.

Section 160

Proposed — Bill No. 32 of 2026

The Bill repeals every provision of the 2013 Constitution except Chapter 10, and substitutes a new Constitution of the Republic of Fiji 2026. Under the new text an amendment needs two-thirds of the members of each House, or three-quarters for entrenched provisions. There is no referendum requirement.

Sections 2 and 3 of the amending Act; clause 209

Now — 2013 Constitution

One chamber. Parliament consisted of 50 members at the first election under the 2013 Constitution, with the Electoral Commission reviewing the number before each later election.

Sections 53 and 54

Proposed — Bill No. 32 of 2026

Two chambers. Parliament consists of the President, a House of Representatives and a Senate.

Clauses 55 and 64

Now — 2013 Constitution

A multi-member open list system of proportional representation. Each voter has one vote, of equal value, on a single national electoral roll. A party must reach 5% of the total votes cast to win a seat.

Section 53

Proposed — Bill No. 32 of 2026

A mixed system. 33 constituency members, including 5 maritime constituencies, are elected first-past-the-post. 22 party list members are allocated in proportion to each party's total constituency votes. The 5% threshold stays. Constituency seats won are deducted from a party's proportional entitlement and the balance filled from its list. Independents may contest constituency seats.

Clause 64

Now — 2013 Constitution

The 2013 Constitution has no Senate.

No equivalent

Proposed — Bill No. 32 of 2026

A Senate of 23 members: 14 appointed on the advice of the Bose Levu Vakaturaga, 6 on the advice of the Prime Minister, 2 on the advice of the Leader of the Opposition, and 1 on the advice of the Rotuma Island Council. Advice from the Prime Minister and the Leader of the Opposition must reflect the diversity of Fiji, including descendants of Girmitiyas and other minority groups.

Clause 76

Now — 2013 Constitution

Four years. Parliament may not be dissolved until 3 years and 6 months have passed.

Section 58

Proposed — Bill No. 32 of 2026

Five years. Parliament may not be dissolved until 4 years and 6 months have passed. Early dissolution requires a two-thirds resolution, may be moved only by the Leader of the Opposition, and only after a motion of no confidence in the Prime Minister has first been rejected.

Clauses 66 and 67

Now — 2013 Constitution

The 2013 Constitution makes no provision for a caretaker government.

No equivalent

Proposed — Bill No. 32 of 2026

From the day the election writ is issued, the Government continues in a caretaker capacity. It must follow established caretaker conventions and avoid major policy decisions, significant commitments, or actions binding an incoming Government, except where required in the public interest.

Clause 115

Now — 2013 Constitution

The 2013 Constitution has no constituencies, so no boundaries body.

No equivalent

Proposed — Bill No. 32 of 2026

A Constituency Boundaries Commission. The chairperson is appointed on the advice of the Prime Minister and one member on the advice of the Leader of the Opposition, both after consultation with the Electoral Commission, alongside four ex officio public officials. Members must not have held office in a political party or stood as a candidate in the previous 8 years.

Clause 94

Now — 2013 Constitution

Rights may be limited by limitations expressly prescribed in relation to a particular right, by other provisions of the Constitution, or by limitations which are not expressly set out but which are necessary and are prescribed or authorised by a law.

Section 6

Proposed — Bill No. 32 of 2026

A right may be limited only by law, and only so far as the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom. The State must demonstrate to the court that the test is met. A proposed law limiting a right must come with explanatory material setting out the limitation and the reasons for it.

Clause 8

Now — 2013 Constitution

It is the overall responsibility of the Republic of Fiji Military Forces to ensure at all times the security, defence and well-being of Fiji and all Fijians.

Section 131

Proposed — Bill No. 32 of 2026

The Forces are responsible for defence and protection of sovereignty and territorial integrity from external threat. They may support a civilian authority only for limited periods and specified purposes prescribed by law, and may assist in a natural disaster or emergency only on the request of the appropriate civilian authority. In exercising military executive command the Commander is subject to the direction of Cabinet through the responsible Minister.

Clause 151

Now — 2013 Constitution

The 2013 Constitution does not establish a Military Court.

No equivalent

Proposed — Bill No. 32 of 2026

A Military Court is established. It consists of the Military Judge, who is a Judge of the High Court, and has unlimited original jurisdiction over criminal proceedings triable under military law.

Clause 123

Now — 2013 Constitution

The 2013 Constitution establishes an Accountability and Transparency Commission. There is no Ombudsman.

Section 121

Proposed — Bill No. 32 of 2026

The office of the Ombudsman is established, appointed by the President on the advice of the Constitutional Offices Commission after consultation with the Public Service Commission, with functions prescribed by written law.

Clause 196

Now — 2013 Constitution

The 2013 Constitution has no standing commission setting salaries across offices of the State.

No standing commission

Proposed — Bill No. 32 of 2026

A Salaries and Benefits Commission is established as an Independent Commission, chaired by the Vice-President, with four other members appointed two on the advice of the Prime Minister and two on the advice of the Leader of the Opposition. It convenes every four years to set the framework and upper limits of pay for officers of the State.

Clause 173

Now — 2013 Constitution

The Bose Levu Vakaturaga does not appear in the 2013 Constitution.

No equivalent

Proposed — Bill No. 32 of 2026

A dedicated chapter. The BLV continues in existence under the iTaukei Affairs Act 1944 and takes constitutional functions, including advising on the appointment of 14 Senators. Amending the chapter, or the provisions on those Senate seats and on the appointment and removal of the President, requires the prior approval of at least 9 of those 14 Senators.

Clauses 152 and 153

Now — 2013 Constitution

The 2013 Constitution has no dedicated chapter on Rotuma.

No equivalent

Proposed — Bill No. 32 of 2026

A dedicated chapter. Rotuma is recognised as a sovereign indigenous entity within the Republic and the Rotuman people as a sovereign indigenous people. The Rotuma Island Council is vested with powers of internal government, including making laws on peace, order and good governance, internal revenue, land and waters and their resources, and Rotuman language and culture. The chapter also provides a right to initiate an external self-determination process.

Clauses 154 to 157

Now — 2013 Constitution

Chapter 10 of the 2013 Constitution grants absolute and unconditional immunity for participation or involvement in the Government from 5 December 2006 to the first sitting of the first Parliament elected under that Constitution, with carve-outs for listed Crimes Act offences.

Chapter 10

Proposed — Bill No. 32 of 2026

Chapter 10 of the 2013 Constitution is the only part the Bill does not repeal. The new text re-enacts immunity at clauses 204 to 207: the 1990 Constitution immunity continues, the immunity under the Limitation of Liability for Prescribed Political Events Act 2010 continues and that Act may not be reviewed, amended, repealed or revoked by Parliament, and absolute immunity runs to the first sitting of the first Parliament elected after the new Constitution commences. These are the only provisions entrenched at the three-quarters threshold.

Clauses 204 to 207, and section 2(a) of the amending Act

Now — 2013 Constitution

The 2013 Constitution protects iTaukei, Rotuman and Banaban land and the rights of lessees and tenants within its Bill of Rights chapter.

Sections 27 to 30

Proposed — Bill No. 32 of 2026

A separate chapter on Land and Environment and Group Rights. It covers principles of land use and environmental protection, a duty to consult, environmental rights, ownership of minerals, iTaukei, Rotuman and Banaban land, freehold and the rights of lessees and tenants, entrenchment of statutes on land and natural resources, recognition of customary law, and the languages, heritage and cultures of Fiji's communities.

Clauses 43 to 54

Now — 2013 Constitution

The 2013 Constitution is written in English, with translations in the iTaukei and Hindi languages to be made available; where the versions differ, English prevails. iTaukei and Fiji Hindi are taught as compulsory subjects in all primary schools.

Section 3(3) and (4), section 31(3)

Proposed — Bill No. 32 of 2026

iTaukei and Rotuman are named as indigenous languages, and all State bodies must respect, protect and promote the use of indigenous languages. All other languages used in Fiji must be recognised and respected.

Clause 52

Now — 2013 Constitution

The 2013 Constitution is in force now.

—

Proposed — Bill No. 32 of 2026

If passed, the Act comes into force on 31 March 2028.

Section 1(2) of the amending Act

Fiji Sun coverage

Reporting on the Bill from the Fiji Sun newsroom.

Make a submission

Submissions go to the Special Committee on the Review of the Constitution Amendment Bill 2026. Parliament asks that your submission clearly identifies you, your organisation, institution or group, and comments on the relevant provisions of the Bill.

Write your submission. Say who you are and which clauses you are commenting on.
Email it to all three addresses below.
Send it before 4pm on Friday 23 October 2026.

sakiusa.rakai@legislature.gov.fj
jackson_cakacaka@yahoo.com
susana.korovou@legislature.gov.fj

Writing a submission

There is no required format. A letter is enough.
Name the clause or chapter you are writing about, so the Committee can place your point.
Say what you want kept, changed or removed, and why.
You may write as an individual, or on behalf of an organisation, institution or group.
Write in the language you are most comfortable in.