Supreme Court decides to hear case on loss of Majlis seats for floor-crossing
The Supreme Court has decided to proceed with the case regarding the floor-crossing amendment to the Constitution, rejecting the Attorney General's submission to determine it cannot be nullified
A hearing at the Supreme Court
The Supreme Court has decided to proceed with the case regarding the constitutional amendment that results in the loss of parliamentary membership when members switch parties, rejecting the Attorney General's Office's submission to dismiss the case.
The case was filed by former Member of Parliament and lawyer Ali Hussain.
The state had argued that the constitutional amendment, which causes members to lose their seats when they switch parties or are expelled from their parties, cannot be reviewed by the Supreme Court as a constitutional matter. However, both the petitioner and the main opposition Maldivian Democratic Party (MDP), which has intervened in the case, believe that the Supreme Court can review this case.
The Supreme Court judges' bench has deliberated on this procedural point. They have decided to include their opinion on whether the court can hear this case in the final judgment.
The state has requested 10 days to respond to the case. The court has decided to grant this opportunity.
The hearing of the case filed with the Supreme Court regarding the sixth amendment to the constitution began on Monday.
The case lawyer Ali Hussain refers to is regarding the Law No. 25/2024 (Law on the 6th Amendment to the Constitution) ratified by the President on 20 November 2024. This amendment to Article 73 of the Constitution of the Republic of Maldives stipulates that if a member of parliament switches political parties or is expelled from their party, they will lose their membership. The petitioner seeks to nullify this article, arguing that these changes are contrary to the basic structure of the Constitution.
