Ministers of Government May Be Appointed During Period When Parliament Is Dissolved

By Demion McTair. Updated 9:38 p.m., Thursday, October 30, 2025, Atlantic Standard Time (GMT-4).

The period between the dissolution of Parliament and election day often prompts debate regarding the legitimacy of the executive arm of government.

A common question arises: can holders of ministerial portfolios legitimately retain their positions after Parliament has been dissolved and before a general election has taken place?

Some believe that ministers no longer hold their positions, others maintain they do, and some seek clarification.

The truth, as enshrined in the Constitution, is that the dissolution of Parliament does not remove ministers and senators from their positions or powers.

Indeed, according to section 51(5) of the Constitution of St. Vincent and the Grenadines, ministers may even be appointed after the dissolution of Parliament, provided they were senators or representatives immediately before the dissolution.

Section 51(5) states, “If occasion arises for making an appointment to the office of Prime Minister or any other Minister while Parliament is dissolved, then, notwithstanding the provisions of subsections (2) and (4) of this section, a person who was a Representative immediately before the dissolution may be appointed Prime Minister and a person who was a Senator immediately before the dissolution may be appointed as any Minister other than Prime Minister…”

These ministers retain their portfolios until a new government is sworn in, ensuring that the country is never left to operate unattended.

Section 51(8), subsections (a) and (c), further support this provision. Section 51(8) states: “The office of any Minister shall become vacant (a) if the holder of the office ceases to be a member of the House otherwise than by reason of the dissolution of Parliament; and (c) in the case of any other Minister, if when the House first meets after the dissolution of Parliament, he is not then a member of the House.”

All of this is consistent with the Doctrine of the Separation of Powers.

This doctrine was principally developed by the French political philosopher Charles-Louis de Secondat, Baron de Montesquieu, commonly known as Montesquieu. His theory was most fully articulated in his seminal work, The Spirit of the Laws, published in 1748. Montesquieu argued that government power should be divided into three branches—legislative, executive, and judicial—to prevent any one person or group from gaining tyrannical control. He emphasised that each branch should exercise only its own functions and serve as a check on the others to safeguard liberty and prevent abuses of power.

Thus, although the Executive Branch derives its powers from the legislative branch, it continues to function after Parliament has been dissolved, while the judicial branch can oversee and limit any overreach.

What are your thoughts on this?