In this case, the DSG Judiciary upheld the Senate’s authority to include clauses in legislation which present minor obstacles to future amendment of the legislation. This ruling holds that, with the Constitution and Senate By-Laws at the time of the decision, Section 5 of the PASH Responsibility Act stating “This statute may only be declared null and void by a statute of the Senate whose explicit, sole purpose is the repeal of this statute” is constitutional and enforceable.
On April 23, 2016, Ms. Wise and Ms. Ganguly filed a challenge to the Chair on the grounds that the PASH Reform Bill did not meet the requirements of Section 5 of the PASH Responsibility Act and therefore was null and void. This challenge was then brought to the Judiciary.
On April 20, 2016 the Senate passed the PASH Responsibility Act amending the previous Budgetary Statute to fund the Peer Advocacy for Sexual Health which allotted $17,252. The PASH Responsibility act added extra definitions and conditions to the funding but did not change the amount. Section 5 stated “This statute may only be declared null and void by a statute of the Senate whose explicit, sole purpose is the repeal of this statute.” On the same day, April 20, 2016, after passing the PASH Responsibility Act, the Senate passed the PASH Reform Bill which reduced PASH funding to $12,762 and added further conditions for funding use.
Does Section 5 of the PASH Responsibility Act constitute entrenchment? Does the PASH Reform Bill supersede the PASH Responsibility Act?
Application of Judicial Power The DSG Judiciary is authorized to rule in this case pursuant to Article V, Section 5, Clause A: “The Judiciary shall decide cases in which the DSG or an officer of the DSG in an official capacity is a party…” because both the petitioners and respondents in this case are DSG Senators in their capacity as Senators.
On Section 5 of the PASH Responsibility Act The requirement set by Section 5 does not constitute entrenchment because the barrier to amendment introduced is only a minor one, forcing a two-step process in which the Senate first explicitly repeals the PASH Responsibility Act and then passes a new bill.
On the PASH Reform Bill It is clear that the PASH Reform Bill has explicit purposes other than the repeal of the PASH Responsibility ACT and therefore fails to fulfill Section 5 of the previously passed PASH Responsibility ACT. The PASH Reform Bill is null and void.
Conclusion Senate legislation can place minor barriers in the way of future amendment so long as the barriers do not violate the Senate By-Law and DSG Constitution. Furthermore, the Judiciary is averse to arguments related to Senate legislation being “unenforceable” as such a decision by the Judiciary would take away such determining power from the proper body, the Senate.