MDP, Democrats intervene in anti-defection constitutional amendment
The power to formulate the national development plan has also been explicitly assigned to the President.
The opposition Maldivian Democratic Party (MDP) and The Democrats have filed petitions in the Supreme Court seeking to intervene in a case that aims to overturn recent constitutional amendments passed by Parliament.
The amendments, which were enacted swiftly and with minimal debate, include provisions leading to the loss of parliamentary seats under specific circumstances related to party affiliation.
The case was filed by lawyer and former MP Ali Hussain, with both opposition parties announcing their decision to intervene in support of the petition.
The controversial amendments, ratified by President Mohamed Muizzu shortly after their passage on Wednesday, have drawn sharp criticism from the opposition and civil society for their potential impact on democracy and governance in the Maldives.
The newly ratified amendments specify four circumstances under which an MP loses their seat in Parliament:
-
1-
Resigning from the political party on whose ticket they were elected.
-
2-
Joining another political party while serving as an MP.
-
3-
Being expelled from their party in accordance with the law.
-
4-
An independent MP joining a political party during their term.
Additionally, the amendments introduce measures such as requiring parliamentary approval for the presence of foreign troops and the designation of Economic Special Zones within Maldivian waters. The power to formulate the national development plan has also been explicitly assigned to the President.
The main opposition party, MDP, strongly criticized the amendments as unconstitutional and a direct attack on democratic principles. In their statement, the MDP argued:
-
The amendment undermines the people’s right to elect representatives who can serve freely and independently.
-
It contradicts the fundamental principles of democracy and the established rules of lawmaking in Parliament.
-
The changes infringe upon Article 73 of the Constitution, which safeguards the independence of MPs.
“The amendment deprives the people of their right to elect a representative to represent them in Parliament,” the MDP emphasized, expressing full support for the Supreme Court petition.
While The Democrats expressed support in principle for anti-defection measures, they highlighted several serious concerns regarding the manner and substance of the amendments:
-
The amendments were rushed through Parliament, undermining due process and the integrity of legislative oversight.
-
They disrupt the separation of powers by granting disproportionate control to the executive branch, particularly the President.
-
The changes undermine the constitutional privileges of MPs, including their ability to function independently and without undue influence.
The Democrats also warned of potential political and legal crises stemming from the amendments, particularly if a party leadership manipulates its parliamentary majority to consolidate power.
“This amendment abolished the separation of powers, violates the foundational principle that state power derives from and remains with the people, and creates room for widespread misinterpretation,” the party stated.
The constitutional changes were passed with unprecedented speed on Wednesday. After a first reading and brief debate in the morning, the committee of the whole Parliament passed the bill in the afternoon. By evening, it had cleared a final vote and received presidential approval.
This expedited process has drawn criticism for failing to allow adequate scrutiny or public consultation, raising concerns about the transparency and legitimacy of the amendments.
