It would be a fishing expedition to contend that Article 147 creates or implies a right to candidacy to elected office
Apr 21, 2025
Dear Editor,
I am not aware of the specific grounds or legal arguments that have been or will be advanced to claim a right to seek elective office as an independent candidate in elections in Guyana As such, I cannot comment on the case that is purportedly being filed in this respect.
What I can say is that, in my opinion, it would be a remarkable stretch of constitutional interpretation to argue that the right to seek elective office in Guyana flows directly from the right to freedom of association, as guaranteed under Article 147 of the Constitution. While Article 147 enshrines the right of individuals to join and form associations, including political parties, this should not be conflated with the distinct and separate right to be a candidate for public office. In my humble opinion, it would be a fishing expedition to contend that Article 147 creates or implies a right to candidacy to elected office.
Freedom of association is a foundational right in any democracy. It guarantees that citizens can freely organize, join political movements, and express collective interests such as through strikes. However, the act of standing for elections—of putting oneself forward for public office—is not an associative act protected by Article 147.
It is constitutionally improper to interpret a general freedom in such a way as to say that it creates a substantive right to seek elected office. Nowhere in Article 147 does the Constitution state or imply that this freedom extends to a right to contest elections. That right, if it exists, must be grounded in explicit provisions of the Representation of the People Act, which outline the qualifications and disqualifications for electoral participation.
In law, not everything that is desirable is necessarily permissible. The right to seek office must be grounded in law, not stretched from it.
Yours faithfully
Rupnauth Hardyal
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