Gasim defends constitutional amendment, says SC will decide

Jumhooree Party (JP) Leader and Maamigili MP Gasim Ibrahim on Thursday defended the recent constitutional amendment passed by parliament, stating that if there are any legal concerns, the Supreme Court will determine the outcome.

Speaking at a press conference held at the parliament building, Gasim addressed the amendment, which was passed in November to define circumstances under which members of parliament could lose their seats. He stated that party switching by MPs has been a long-standing issue since the 2009 parliamentary elections.

"In the 2009 elections, the Maldivian Democratic Party (MDP) won 26 seats. Over time, its number of MPs increased as members elected under other parties joined them," Gasim said. "The same happened in the 2013 elections when President [Abdulla] Yameen’s government contested under the JP ticket and brought members into the PPM. President Ibrahim Mohamed Solih’s government also took members from the 19th parliament into the MDP."

Gasim criticised the MDP for previously passing a law requiring MPs to resign if they changed parties, calling it unconstitutional. He stated that the MDP was unable to amend the constitution because it lacked the required parliamentary majority, which is why it had enacted the rule through legislation instead.

He further claimed that the recent amendment was introduced by the government for the stability of President Mohamed Muizzu’s administration.

"This time, the government took this step because there were claims that President Muizzu would face expulsion and a no-confidence vote within three months of taking office," he said. "Every government takes steps necessary for its security."

Gasim argued that the amendment was not a criminal act and that the Supreme Court’s ruling on the matter would be final.

"If it is wrong, the Supreme Court will look into it. That is what the constitution states," he said. "It is not a criminal act by a leader or by the MPs who voted for it. They acted according to their judgment."

Gasim also stated that parliamentary groups should not issue a party whip to force MPs to vote in a certain way, arguing that such practices were unconstitutional. However, he acknowledged that parties in Parliament continue to implement whip lines.

The opposition MDP has argued that the amendment is unconstitutional. One of the main concerns is that it allows a party to remove an MP from their seat through a party action committee, even if they were elected by the public.

When asked whether he believed the amendment was against the spirit of the constitution, Gasim declined to comment, stating that the matter was already before the Supreme Court.

"A case submitted to the court cannot be debated outside the framework of the constitution," he said.

The petition challenging the amendment was filed by lawyer and former Kendhoo MP Ali Hussain. Gasim stated that he was not consulted before the case was submitted.