Supreme Court allows opposition to intervene in constitutional amendment case
The amendments include provisions that result in the loss of a parliamentary seat due to defection or expulsion from a political party.
Supreme Court has granted permission for the opposition Maldivian Democratic Party (MDP) and the Democrats to intervene in a petition challenging recent amendments to the constitution.
Former Member of Parliament and lawyer Ali Hussain filed the petition against the amendments, which were passed by the ruling People's National Congress (PNC) with its parliamentary majority. The MDP and the Democrats requested to intervene in the case, which was filed in November.
The court has allowed both parties to intervene and submit documents. However, the documents have not yet been submitted.
The case will be heard by a full bench of seven judges, presided over by Chief Justice Ahmed Muthasim Adnan. A date for the first hearing has not been scheduled, as some judges are currently on leave.
Ali Hussain's petition argues that the constitutional amendments violate several provisions of the constitution, including:
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Article 4: All powers of the Maldivian state originate from and remain with the people.
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Article 8: All powers of the Maldivian state must be exercised in accordance with the constitution.
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Article 26: The right to vote and stand for election.
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Article 75: Members of parliament must prioritise national and public interest over personal interest.
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Article 90: No action shall be taken against a member of parliament for statements made or votes cast in the House or its committees.
The constitutional amendments were introduced in parliament on November 20 by Kurendhoo MP Mohamed Shahid on behalf of the government. The bill underwent its first reading and preliminary debate in the morning, was passed by the committee of the whole parliament in the afternoon, and was approved in a separate session in the evening. President Mohamed Muizzu ratified the amendments the same day.
The amendments define four circumstances under which a parliamentary seat is lost:
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1-
If an elected member withdraws from the political party under whose ticket they were elected.
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2-
If an elected member joins a different political party.
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If an elected member is expelled from their political party under the party’s internal regulations.
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4-
If an independent member joins a political party during their term in office.
Additional amendments include:
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Foreign military presence in the Maldives requires approval from a majority of all members of parliament.
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Foreign troops cannot operate in the Maldives for military purposes without parliamentary approval.
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Amendments to the Economic Special Zone regulations require a three-fourths majority of all members of parliament.
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The formulation of the national development plan is included under the president’s executive powers.
