SC questions clarity of referendum question on parliament term
During Thursday’s hearing, Justice Husain Shaheed questioned whether information about the bill was being withheld from the public.
Top Stories
A Supreme Court Justice has raised questions over the clarity of a proposed referendum question related to holding presidential and parliamentary elections simultaneously.
The case was filed by Ahmed Aik Easa and Ibrahim Shiyam, members of the Maldivian Democratic Party’s legal team, who argue that the question is unconstitutional.
The proposed question asks whether voters support the President ratifying a bill passed by Parliament for the 8th Amendment to the Constitution, which includes provisions to hold elections together and define the method for determining the term of the People’s Majlis.
The petitioners argue that as the amendment affects the term of Parliament, the referendum question should state whether the public agrees to shorten the current term.
During Thursday’s hearing, Justice Husain Shaheed questioned whether information about the bill was being withheld from the public. He noted that the bill, passed on February 10, is available on the Parliament’s website.
“If the bill is not a secret, and the question refers to a document that is publicly accessible, what is being concealed from the public?” the Justice asked.
Responding to the court, lawyer Shiyam said that citizens would need to calculate the impact of the amendment to understand the reduction in the current term, which is set to end on December 1, 2028.
“If the election is held earlier than that date, citizens must determine for themselves how the current term is affected,” he said.
Shiyam argued that Article 262 of the Constitution requires public approval for any change to the term of Parliament and said the effect of the amendment should be stated in the referendum question.
“Citizens should not be required to refer to the bill to understand the outcome. When voting, the ballot paper does not state the duration being reduced,” he said.
He added that the question should state that approximately six months would be deducted from the current parliamentary term.
Chief Justice Ahmed Abdulla Didi, who presided over the hearing, said that further proceedings will be scheduled only if additional clarification is required. Otherwise, the court will proceed to deliver its judgment.
