Senior Counsel Israel Khan has written to President Anthony Carmona indicating that “a grave constitutional crisis” exists in the country becaus
In a new issue cropping up in the legal profession yesterday, Khan sent a letter to the President telling him the JLSC “is unconstitutional and thus all purported judicial appointments under the commission are void and thus illegal.”
The current members of the commission are Chief Justice Ivor Archie (chairman), Public Service Commission chair Maureen Manchouk and retired Justices Roger Hamel Smith and Humphrey Stollmeyer.
But Khan said section 110 of the Constitution makes it clear that “the Judicial and Legal Service Commission must be comprised of five members and at present there are only four.”
According to the Constitution , the JLSC should comprise the Chief Justice as chairman, the Public Service Commission chairman, other members to be appointed by the President after consultation with the Prime Minister and Leader of the Opposition, one from among persons who hold or have held office as a judge of a court and two from among persons with legal qualifications, at least one of whom is not in active practice.
In light of this, Khan told the President, “If I am correct, in my legal opinion vis a vis the illegality of the Judicial and Legal Service Commission, a grave constitutional crisis exists in the Republic and I respectfully urge you to bring this to the attention of the Honourable Prime Minister under the purview of section 81 of the Constitution.”
This section states: “The Prime Minister shall keep the President fully informed concerning the general conduct of the government of T&T and shall furnish the President with such information as he may request with respect to any particular matter relating to the government of Trinidad and Tobago.”
Khan told Carmona that given the doctrine of the separation of powers, “the onus falls upon you to initiate such discussion immediately, as it is the President acting under section 102 of the Constitution who appoints the Chief Justice of the Republic of Trinidad and Tobago and the Judicial and Legal Service Commission under section 110 of the Constitution.”
Efforts to get a response from President’s House on the legal opinion offered by Khan were unsuccessful yesterday.
But a former Chief Justice told the T&T Guardian that although the Constitution details the requirements for the composition of the commission, as long as there is a quorum the commission can operate. Asked what is the quantum of the quorum required, the Guardian was told four.
