Supreme Court accepts case to nullify constitutional amendments

The Supreme Court has accepted a constitutional case filed to declare the amendments brought to the Constitution by the People's Majlis as null and void.

The Maldivian Democratic Party (MDP) and 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.

The government's sudden amendments to the constitution were passed by parliament in approximately nine hours.

Former Chief Justice of the Maldives Dr. Abdulla Didi has stated that the newly established provisions in the constitution related to "anti-defection" are designed in a way that undermines the "people's power" or "people's sovereignty" guaranteed in Article 4 of the Constitution of the Republic of Maldives.

He further said that with the establishment of "anti-defection" principles in the constitutional amendment as stated, there is a very high possibility that the People's Majlis will cease to be a power that fully exercises the jurisdictions entrusted to it by the Constitution and will become a "dysfunctional" power.

11 civil society organizations, including Transparency Maldives, have also strongly condemned the rushed passage of the constitutional amendment bill in the parliament and its equally rapid ratification by President Dr. Mohamed Muizzu.

The statement released by the organizations stressed that this was done without any transparency in the constitutional amendment process, disregarding the procedures and principles followed in making laws hastily, and in a manner that restricts fundamental democratic principles.

The statement goes on to read that the constitutional amendment process went against Article 4 of the Constitution which states that "all the powers of the State of the Maldives are derived from, and remain with, the citizens."

The statement reads that introducing the bill at an unofficial time at night, passing it the next day and ratifying it is an obstruction to the members of parliament to study the bill, have an intellectual debate about it, and fully satisfy their responsibilities.

The organizations have also expressed deep concern over the amendment that adds an article to the constitution giving the president sole power to formulate national development policies and plans and notes that the Local Government Act mandates the role of councils in formulating plans, with the intention of decentralized development decision-making with wide public participation and consultation.

The organizations particularly highlighted as concerning, the amendment that states a member of parliament will lose their seat if they resign or are expelled from the political party they were elected under, and that an independent member will lose their seat if they join a political party.

The sixth amendment to the constitution, which was submitted, debated, accepted, committee work completed, presented to the parliament, passed by the parliament, and ratified by President Muizzu on Wednesday, has brought five main changes to the constitution.

The constitutional amendments from the government were proposed by MP for Hulhudhoo constituency, Mohamed Shahid, who represents the main-ruling People’s National Congress (PNC).