Democrats to intervene in Supreme Court case to invalidate constitutional amendment stripping MP seats for floor crossing

The Democrats have decided to intervene in the constitutional case submitted to the Supreme Court of Maldives seeking to invalidate the sixth Amendment to the Constitution of the Republic of Maldives, which was passed in violation of the Constitution.

The case to invalidate the amendment to the Constitution, which was passed last week and results in the loss of membership even if members of parliament cross the floor or are expelled from their party, was submitted to the Supreme Court by former MP for Kendhoo constituency and lawyer Ali Hussain.

Such a case has been filed at a time the public, members, and legal experts are expressing great concern regarding the constitutional amendment. The bill passed by the People’s Majlis on Wednesday was ratified by President Dr. Mohamed Muizzu the same day and has since been published in the government gazette and come into effect.

In a statement announcing their intervention in the case, the Democrats said that while they principally support anti-defection or the loss of a parliamentary seat when a member changes parties, the sixth Amendment to the Constitution of the Republic of Maldives which was hastily passed within about four hours after being submitted to the People's Majlis by the government, undermines the power and purpose of the People's Majlis.

They also stated that it goes against numerous concepts of the Constitution and especially violates the basic structure doctrine which protects the fundamental features and framework of the Constitution. Therefore, the Democrats have decided to intervene in the constitutional case submitted to the Supreme Court of Maldives by Ali Hussain seeking to invalidate the law.

The Democrats have revealed the main reasons why they believe the amendment was passed in violation of the Constitution of the Republic of Maldives.

The Democrats noted that in addition to these three reasons, and the fact that the possibility of a political party being able to remove a member's seat was not an open option when members were elected for the current term of the People's Majlis, and that this amendment also lacks a clear statement regarding the current term's MPs leaving room for general interpretation, as well as several other issues that conflict with and alter the basic features and structure of the Constitution, their legal team is working on the necessary steps to intervene in the constitutional case now submitted to the Supreme Court regarding the matter.