Opposition Member of Parliament (MP) Ganesh Mahipaul and a number of other persons have filed an application against the Attorney General (AG), the Minister of Finance, the Judicial Service Commission (JSC) and other constitutional agencies; seeking a declaration from the court that the agencies be allowed to function independently, impartially and free of the exercise of any control by the Executive or any other entity.
Specifically, Mahipaul is asking the Supreme Court of Judicature to declare that it is entitled to operate and function free of the exercise of any control by the Executive or any other entity by virtue of Article 122 of the Constitution.
He also wants the court to declare that the inclusion of the constitutional agencies as budget agencies in the Schedule to and under the Fiscal Management and Accountability Act (FMAA) is inconsistent with the independence assured to those constitutional agencies.
