Madagascar court sets a parliamentary threshold for a constitutional referendum
Madagascar’s High Constitutional Court said a constitutional referendum may precede the presidential election. The proposal initiated by Michael Randrianirina’s transitional administration must receive approval from three quarters of National Assembly members before the public vote. The ruling distinguishes adopting an entirely new constitution from revising the existing text during the presidential vacancy.
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Court permits referendum before presidential election
Madagascar’s High Constitutional Court, the institution responsible for interpreting the constitution, said a referendum on a new constitution could precede the presidential election. It issued its opinion on 4 November after an application from Colonel Michael Randrianirina, who heads the transitional administration. The court said that holding the referendum first was compatible with constitutional provisions. The presidential election calendar has not yet been set.[1], [2]
Randrianirina’s administration promised elections within 24 months after Andry Rajoelina was ousted in October 2025, following weeks of protests. The government that emerged from the military coup has not announced a date for a constitutional referendum.[1]
Three quarters of lawmakers must approve the draft
The court said transitional president Michael Randrianirina may initiate a new constitution while acting in the Council of Ministers. The resulting draft must be approved by three quarters of the members of the National Assembly, Madagascar’s parliament. Only after that vote may the president put it to a mandatory referendum. The opinion retains these formal steps of the constitutional revision process for the adoption of a new constitution.[2]
Its reasoning distinguishes replacing the whole constitution from amending provisions of the existing constitution. Revision of the current text is prohibited during the interval between recognition of the presidential vacancy and the new president taking office. The court said this prohibition covers constitutional revision, while establishing an entirely new constitution falls outside the scope of the constitution being replaced.[2]
New constitution would govern the next election
The court nevertheless kept a qualified parliamentary majority and a popular vote in the procedure. It said the new constitution would govern the subsequent presidential election after its adoption and the proclamation of referendum results. That sequence places the constitutional choice before the vote for a new president.[2]
Constitutional options discussed have included a federal state and a strongly decentralised state. A federal model has drawn support among younger people involved in the protests that brought down Rajoelina. The current constitution was approved by referendum in 2010 following the overthrow of President Marc Ravalomanana after protests led by Rajoelina.[1]
