As Grenada completed its 50th anniversary of Independence, Citizens for Constitution Reform (CCR) introduced a proposal to amend the Oath of Allegiance, to begin a process of the gradual reform of Grenada’s Constitution.
Over the years since, Grenada has been addressing Constitution Reform, I have learnt that the DETAILS matter. Notwithstanding the noble title of the bill, one MUST pay attention to the details of the Bills proposed and possible consequences.
I have not yet seen those Bills that have been finalised by the Attorney-General’s Office. I thank Dr. Alexis, Chair of the CCR for sharing the proposal of the CCR. re Patriating the Oath of Allegiance.
The following is written in my personal and individual capacity.
- Oath of Allegiance
- Oath of Allegiance: The Oath of Allegiance is found in Schedule 3 of the Constitution. This Oath “bears allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, according to law”. That would now be His Majesty King Charles the Third, his Heirs and Successors.
- Section 111, Interpretation: According to Section 111, the oath of allegiance means the oath of allegiance as set out in Schedule 3 to the Constitution.
- Amendment: The amendment proposes that “bears allegiance to Grenada” replaces “bears to allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors”. • Referendum: According to Section 39(5) of the Constitution, changes to the Constitution Order require:-
* 2/3 Parliamentary Majority: That the Bill is passed by 2/3 of the members of Parliament; then
* 2/3 Electorate Votes Cast: The Bill is taken to Referendum and supported by 2/3 of the vote cast;
* Assent by the Governor-General
- Schedule 1: Schedule 1 of the Constitution Order identifies which parts of the Constitution Order requires a referendum to effect change/amendments.
- Schedule 3: According to the Citizens for Constitutional Reform, a referendum is not required to amend the Oath of Allegiance given that Schedule 3 is not listed under Schedule 1.
- Bill 1: Constitution (Oath of Allegiance) Amendment Bill (No.1, 2025) This Bill proposes the following changes:-
- Amendment to Oath of Allegiance: The amendment proposes that “Grenada” replaces “Her Majesty Queen Elizabeth the Second, Her Heirs and Successors”.
- Schedule 3: The following sections of the Constitution would be impacted: o Section 20: the Governor-General taking the Oath;
* Section 40: Members of the Houses of Parliament taking the Oath;
* Section 65: Ministers or Parliamentary Secretaries taking the Oath;
* Section 95(1): Citizen by marriage taking Oath;
* Section 98: Citizen by marriage taking Oath;
- Schedule 1 of the West Indies Associated States Supreme Court Courts Order1 would also be amended. Section 7 of the West Indies Associated States Supreme Court Order requires that “every person appointed to be a judge of the Court of Appeal or the High Court shall, before entering upon his functions as such, take the oaths set out in schedule 1 to this Order.”
- Schedule 1: Schedule 1 is the Oath of Allegiance of the Court Order (the same as in Schedule 3 of the Constitution Order).
2.1.Consequential Amendments to Every Written Law other than the Constitution and the Court Order
In every written law, other than the Constitution and the Court Order, wherever there are provisions for taking an Oath or prescribing an Oath, any reference to the words, His Majesty King Charles the Third, his Heirs and Successors, shall be replaced: –
- By Grenada in the First Schedule of the Oaths Act, Chapter 217 of the 2010 Revised Laws of Grenada;
- By Grenada in the Judicial Oath, First Schedule of the Oaths Act, Chapter 217 of the 2010 Revised Laws of Grenada;
- By people of Grenada in Sections 20, 23, 28 and 29 of the Oaths Act, Chapter 217 of the 2010 Revised Laws of Grenada;
- Bill 2: Constitution (Oath of Allegiance) Amendment Bill (No.2, 2025) • Referendum Entrenched Provisions: Bill 2 reminds that referendum entrenched provisions are listed in Schedule 1 of the Constitution Order and require the 2/3 Parliamentary approval as well as approval via referendum.
- Amendment to Schedule 3, Oath of Allegiance: Bill No. 2, 2025, Oath of Allegiance, provides for the same amendment made to Schedule 3, provided for in Bill 1. Bill 2 will affect the following Sections of the Constitution: –
* Section 21(2): Acting Governor -General – an individual assuming the office and functions of Governor-General (where the post is vacant of the Governor General is absent from the state) shall make the oath “as directed by Section 20 to be made by the Governor- General” , i.e. that persons shall take the oath of allegiance.
* Section 35(3): Supervisor of Elections: Before an individual can take up duties as the Supervisor of Elections, the individual is required to subscribe and take the oath of allegiance and oath of office.
* Section 83(11): Public Service Commission: provides for amendment of the oath of allegiance to be taken by members of the Public Service Commission.
3.1. Provisions in Bill Are in a Section on That List:
- The Bill notes that “Provisions in Bill Are in a Section on That List”, i.e. the referenced sections are in Schedule 1, Part I of the Constitution Order.
* Schedule 1: Provisions of the Constitution Referred to in Section 39(5) which require a referendum in order for changes to be made to the Constitution and the Supreme Court Order.
* Among the sections identified in Schedule 1, are: – Section 21; Section 35; Chapter VI which includes Section 83.
▪ Referendum or Not: Any changes to these Sections WOULD require a referendum.
- Oaths of Allegiance/Oaths of Office: Bill 2 also notes that Sections 21(2), Section 35(3) and 83 (11) make reference to the oath of allegiance and oath of office. Thus the oath of allegiance to which these sections refer would be the amended Oath of Allegiance. There will not be any changes to the sections.
- 2 Bills: Why are there two Bills, Bill No. 1 and Bill No. 2 ?
- Referendum: Is a referendum required to amend the Oath of Allegiance?
Sandra Ferguson