
Power to change constitution lies with people, Nasheed says
Nasheed asserted that the power to change the constitution should rest directly with the people, not with Parliament.
Former President and former Parliament Speaker Mohamed Nasheed on Wednesday asserted that the power to change the constitution should rest directly with the people, not with Parliament.
Nasheed made this statement in light of the ongoing Supreme Court case concerning the latest amendment to the Constitution.
In a post on 'X', Nasheed emphasised that the constitution explicitly states that any changes to it require a "public vote," which, according to him, means the people should have the ultimate say in constitutional amendments. He argued that this aligns with the spirit of the constitution, which entrusts the people with the power to determine its changes.
Nasheed also drew a contrast between the power to amend the constitution and the responsibility of Parliament. While the constitution’s amendment process grants power to the people, he contended, the function of reform itself belongs to Parliament.
The case at hand was filed by former Member of Parliament Ali Hussain in the Supreme Court. Hussain sought a ruling on whether the latest constitutional amendment applies to incumbent MPs.
The Attorney General's Office, in its defence, argued that no court should have jurisdiction over constitutional amendments once the proper procedures are followed. Despite this, seven justices of the Supreme Court ruled that the case would proceed.