BASSETERRE, St. Kitts – IT is more than possible that within the coming months or weeks, the electoral boundaries with which elections within the Federation of St. Christopher and Nevis have been held for the past 30 years could be shifted.
SKNVibes understands that the Electoral Boundaries Commission has begun its work with regard to making recommendations for or against the repositioning of the current boundaries.
This article serves to highlight the Parliamentary procedure by which the boundaries – should a change be recommended – are to be effected.
Section 50 of the Constitution of St. Christopher and Nevis, which falls under the heading “Review of Constituency Boundaries”, outlines the process by which changes are to be made to the boundaries, if any.
According to the Section, the Constituency Boundaries Commission – having the understanding of that Section (50) shall review the number of constituencies of the Federation and shall submit its report for or against boundary changes to the Governor General.
It clearly states in Section 50(1)(a) however, that any recommendations given for changes must correspond with or must “give effect to the rules set out in schedule two”. (Please see end of article for Schedule 2)
One of the main requisites of that schedule is that there cannot be less than eight constituencies on St. Kitts and no less than three on Nevis, but should the total number of constituencies increase beyond 11, the number of constituencies in Nevis shall be no less than one-third of the whole.
After the Commission would have completed its report and is submitted to the Governor General, his draft proclamation is to be laid before the Parliament “for its approval”. The Proclamation would be for “giving effect, whether with or without modifications, to the recommendations contained in the report, and that draft proclamation may make provisions for any matters that appear to the Prime Minister to be incidental to or consequential upon the other provisions of the draft”.
Section 50(4) declares that if there are modifications to the Commission’s recommendations, “the Prime Minister shall lay before the Assembly together with the draft of a statement for the reason of the modifications”.
The legislative body is required to give its stamp of approval on the draft proclamation. However, if for some reason it rejects it or if the draft proclamation is withdrawn “by leave of the Assembly”, the Prime Minister would be required to present it to the Parliament again, after amendments would have been made.
From the draft proclamation laid before the National Assembly under Section 50(3) and (5), the Governor General would prepare a proclamation which “shall come into force upon the next dissolution of parliament after it is made”. However, this step does not take place until after the draft proclamation is approved by the National Assembly “by way of resolution”.
While the Constitution does not speak to the possibility of legal action which could be taken prior to the passage of the draft proclamation, it does however indicate that after particular processes have been completed, an enquiry in Court may not be launched. And if launched, it has to be on a specific ground.
Section 50(7) declares that “The question of the validity of any proclamation by the Governor-General purporting to be made under subsection (6) and reciting that a draft thereof has been approved by resolution of the National Assembly shall not be enquired into in any court of law except upon the ground that the proclamation does not give effect to rule 1 in schedule 2.”
In 2009, following the completion of the Electoral Boundaries Commission, a Court case was initiated by members of the People’s Action Movement (PAM), which was not in agreement with the recommendations that were outlined in the report. And it was initiated prior to the laying of the report in Parliament.
To see Section 50 of the Constitution of St. Christopher and Nevis in its entirety, please select this link http://www.sknvibes.com/politics/constitution.cfm?Sz=3&Csz=50
Schedule 2 of the Constitution of St. Christopher and Nevis reads as follows:
RULES FOR DELIMITATION OF CONSTITUENCIES
1. There shall be not less than eight constituencies in the island of Saint Christopher and not less than three constituencies in the island of Nevis and if the number of constituencies is increased beyond eleven, not less than one-third of their number shall be in the island of Nevis.
2. All constituencies shall contain as nearly equal numbers of inhabitants as appears to the Constituency Boundaries Commission to be reasonably practicable but the Commission may depart from this rule to such extent as it considers expedient to take account of the following factors, that is to say-
(a) the requirements of rule 1 and the differences in the density of the populations in the respective islands of Saint Christopher and Nevis;
(b) the need to ensure adequate representation of sparsely populated rural areas;
(c) the means of communication;
(d) geographical features; and
(e) existing administrative boundaries.
