Supreme Court upholds referendum question as constitutional
The referendum is scheduled for Saturday under a decree issued by President Mohamed Muizzu on 16 February.
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The Supreme Court on Tuesday ruled that the question set for the upcoming public referendum on a constitutional amendment is valid under the Constitution.
The amendment seeks to hold presidential and parliamentary elections on the same date and to change the term of the current People’s Majlis.
The case was filed by Ahmed Aik Easa and Ibrahim Shiyam, members of the Maldivian Democratic Party’s legal team. They argued that the question was unconstitutional as it did not state that the proposed amendment would shorten the current parliamentary term by five months and 27 days.
The question to be presented in the referendum asks whether voters support the President ratifying the bill on the 8th Amendment to the Constitution, passed by Parliament, to hold presidential and parliamentary elections together and to define the principles for determining the term of the People’s Majlis.
The petitioners argued that, as the Constitution requires a public referendum for any change to the parliamentary term, the question should directly ask voters whether they agree to reduce the term.
Delivering the ruling, Chief Justice Ahmed Abdulla Didi stated that Article 262 of the Constitution does not set a specific format or procedure for referendum questions.
He said such matters are governed by the General Act on Referendums. Under Section 7(c) of the Act, more than one issue may be included in a single question.
The Chief Justice said it is permissible for questions on constitutional amendments to include related matters and noted that parliamentary debates indicate the main purpose of the amendment is to hold the two elections together.
He also stated that Parliament approved the amendment to allow a change to the current term with majority support.
The ruling was supported by Justice Hussain Shaheed, Justice Abdulla Hameed, Justice Ali Rasheed Hussain and Justice Dr Mohamed Ibrahim.
The amendment, passed by the People’s National Congress majority in Parliament, sets a provision for presidential and parliamentary elections to be held together and fixes the end of the current parliamentary term as 1 December 2028.
Under the Constitution, any amendment affecting the parliamentary term must be approved through a public referendum.
The referendum is scheduled for Saturday under a decree issued by President Mohamed Muizzu on 16 February. The vote will be held alongside local council by-elections and Women’s Development Committee elections.
