Independent senators’ quandary

THE EDITOR: When a new president assumes office the matter of protocol arises for senators appointed by the previous president. For what it’s worth, I offer the following comments.

The situation occurred when president Noor Hassanali assumed office in March 1987 in succession to president Ellis Clarke. Sir Ellis had appointed the senators barely two months before and they pondered whether they should resign, or at least offer their resignations to Hassanali. I was requested to get Hassanali’s thoughts. He saw no reason for the senators appointed by Clarke to resign.

The Constitution provides for three groups of senators, the first group chosen by the Prime Minister, the second chosen by the Opposition Leader, the third by the President.

This last group is called Independents or referred to as “the President’s senators.” The term “independent” however does not appear anywhere in Section 40 of the Constitution, which deals with appointment of senators.

It seems to have evolved only to distinguish senators who are “independent” of any political party. The appointees of the President are thus deemed to be politically independent and beholden to no one, not even to the President.

In his/her deliberate discretion, the President at any time has the authority to remove and replace a senator appointed under Section 40(2)c; but to do so without cause may convey the notion of a “president’s senator,” which terminology in my view is inappropriate.

The Section 40(2) c senators chosen from “economic or social or community organisations and other major fields of endeavour” are nine individuals, independent of each other, and independent of any political grouping.

Senator Dhanayshar Mahabir, I notice, is being referred to as the “coordinator” of the Independents; I am unclear of the coordinator’s role. It would be improper, and in my view unfortunate, if the Independents were to seek consensus on any issue. It’s not the same as reaching identical conclusions independently.

MICHAEL JAY WILLIAMS

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