Seat loss law blocks MPs from representing public, dissenting opinion says
She stated that fear of losing parliamentary seats discourages members from speaking for voters and leads them to place party interests above public interest.
Supreme Court Justice Aisha Shujoon Mohamed Wednesday stated in her dissenting opinion that the constitutional amendment which allows Members of Parliament to lose their seats upon expulsion from a political party prevents them from carrying out their constitutional duties.
A bench of seven Supreme Court judges delivered its ruling, with six judges upholding the constitutional amendment passed by the PNC’s parliamentary majority within a single day. Justice Shujoon issued a dissenting opinion.
Justice Shujoon said the amendment removes the responsibility and right of Members of Parliament to act in the national interest and for the welfare of the public.
She stated that fear of losing parliamentary seats discourages members from speaking for voters and leads them to place party interests above public interest.
She further said that the duty of Members of Parliament to serve the public is linked to the rights to vote, to contest elections, and to freedom of expression. According to him, the amendment places an indirect restriction on these rights.
“I insist that the amendment is a matter linked to the power of the people and the right to representation, without detail and without regard to the nature and purpose of the right,” she said.
Justice Shujoon also noted that the right to representation is affected when political parties intervene in the constitutional relationship between voters and Members of Parliament. She said yielding to party influence is not consistent with the Constitution.
“It is clear to me from the interpretation of the Constitution that Members of Parliament should not promote or protect the interests of any party outside the national interest and the welfare of the people,” she said.
Justice Shujoon’s opinion further stated:
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Where the Constitution refers to a law in cases of expulsion, it must be specified whether it refers to a future law; otherwise, the existing law, in this case the Political Parties Act, applies.
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The power of the people is limited through party rules governing admission and expulsion under the Political Parties Act.
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The power to amend the Constitution is not limited to Parliament alone through prescribed procedure; the court has authority to review amendments introduced outside those procedures.
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The conditions under which Members of Parliament may lose their seats did not exist before the election; extending such conditions during the term violates the social covenant between the people and their representatives.
