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Supreme Court to hear constitutional change petition on Feb 17
Lawyer and former MP Ali Hussain filed the petition on November 24.
Supreme Court has scheduled the first hearing of a petition challenging recent constitutional amendments for next month.
The amendments include provisions that would result in the loss of a parliamentary seat if a member leaves their party or is expelled.
Lawyer and former MP Ali Hussain filed the petition on November 24, arguing that the amendments violate multiple articles of the constitution. The first hearing is set for the 17th of next month.
A full bench of seven judges, presided over by Chief Justice Ahmed Muthasim Adnan, will hear the case. The opposition Maldivian Democratic Party (MDP) and the Democrats have been allowed to intervene.
Ali Hussain's petition argues that the amendments contravene Articles 4, 8, 26, 75, and 90 of the constitution, which include provisions on the origin of state power, the exercise of state powers in accordance with the constitution, voting and election rights, parliamentary responsibilities, and parliamentary immunity.
The amendments introduce the following provisions regarding parliamentary membership:
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A member will lose their seat if they leave the political party they were elected under.
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A member will lose their seat if they join another political party.
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A member will lose their seat if they are expelled from their party as per the law.
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An independent MP will lose their seat if they join a political party during their term.
The amendments also include provisions stating that:
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Foreign military presence in the Maldives requires approval by a majority of the total number of parliament members.
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Foreign troops cannot operate in any military capacity without majority approval from parliament.
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Amendments to the Economic Special Zone Act require a three-fourths majority in parliament.
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The formulation of the national development plan falls under the powers of the president.