Supreme Court upholds law on MPs losing seats after party dismissal
The ruling was issued by a five-judge majority.
The Supreme Court of the Maldives ruled on Wednesday that the recent constitutional amendment requiring Members of Parliament to lose their seats if expelled from their political party does not violate the basic structure of the Constitution.
The court said there were no grounds to annul the amendment.
The case was filed by former Member of Parliament Ali Hussain, who argued that the amendment conflicted with several constitutional provisions, including Articles 4, 8, 26, 75 and 90.
He submitted that Article 4 states all powers of the State originate from and remain with the people, while Article 26 guarantees the right to vote and contest elections. He also cited Article 75, which requires members to place national interest above personal interest, and Article 90, which grants parliamentary immunity for statements made and votes cast in the Majlis.
The seven-member bench held that the Supreme Court has jurisdiction to review constitutional amendments, but found no legal basis to strike down the provision.
The ruling was issued by a five-judge majority.
The majority opinion was delivered by Chief Justice Abdul Ghani Mohamed and supported by Justice Ali Rasheed Hussain, Justice Hussain Shaheed, Justice Abdulla Hameed and Justice Mohamed Saleem.
Justice Aisha Shujune Mohamed issued a dissenting opinion, stating the amendment should be annulled.
Justice Dr Mohamed Ibrahim held that any constitutional amendment becomes part of the Constitution provided it does not conflict with the tenets of Islam, and also found no basis for annulment.
According to the majority ruling, the Constitution sets out procedures and voting thresholds for amendments, and the seat-loss provision was passed within those procedures.
The court further held that the amendment concerns qualifications for holding and vacating a parliamentary seat and does not conflict with the substance of other constitutional provisions.
