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Supreme Court. (Atoll Times File Photo)

Supreme Court case challenges constitutional amendments

The amendments in question were proposed by the government and introduced to parliament on Wednesday.

3 hours ago

A case has been filed in the Supreme Court seeking to nullify the recent amendments made to the Maldives Constitution.

The case was initiated by lawyer and former MP Ali Hussain, who announced on Sunday via the social media platform X that he filed the case due to alleged violations of Articles 4, 8, 26, 75, and 90 of the constitution, as well as its basic structure. The provisions cited include:

  • Article 4: Establishes that all powers of the Maldivian state originate from and remain with the people.

  • Article 8: Mandates that all state powers be exercised in accordance with the constitution.

  • Article 26: Provides for the right to vote and stand for election.

  • Article 75: Requires members of parliament to prioritise national and indigenous interests over personal interests.

  • Article 90: Grants members of parliament immunity for statements made in the sittings or its committees, as well as for their voting actions.

The amendments in question were proposed by the government and introduced to parliament on Wednesday. Following the first reading and a preliminary debate in the morning, the committee of the whole parliament approved the amendments in the afternoon. A subsequent session passed the bill by evening, and President Mohamed Muizzu ratified it later that day.

The amendments include provisions defining circumstances under which a member of parliament loses their membership. These include:

  • Withdrawal from the political party under which the member was elected.

  • Joining a political party different from the one represented by the member.

  • Expulsion from the political party represented by the member, in accordance with the law.

  • Joining a political party after being elected as an independent candidate.

Other amendments address matters related to national sovereignty and governance. These include:

  • Prohibiting the allocation of Maldivian territory for military purposes to foreign entities without approval by a majority of Parliament members.

  • Restricting the operation of foreign troops for military purposes unless approved by a majority of parliament members.

  • Requiring a three-fourths majority of parliament members to amend regulations related to Economic Special Zones.

  • Including the formulation of the national development plan within the president’s powers.

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