Emergency motion on SC bench change, rejected

The emergency motion submitted by MP for south Galolhu constituency Meekail Naseem representing the Maldivian Democratic Party (MDP), to the People’s Majlis regarding the sudden amendment proposed to change the number of Supreme Court justices has been rejected without being given the opportunity for debate.

The amendment to the number of Supreme Court justices in Law No. 2010/22 (Courts of Maldives Act) was proposed by the ruling Progressive National Congress (PNC).

MP for Holhudhoo constituency, Abdul Sattar Mohamed, proposed the amendment on 23 February 2025.

The 8th Amendment to the Courts Act of the Maldives states that the Supreme Court of the Maldives consists of a total of five justices, including the Chief Justice, who are appointed to the court. Regarding the amendment, MDP’s lawmaker for Meekail in his emergency motion stated that the amendment was proposed to influence the Supreme Court justices at such a crucial time.

Concerns were raised about introducing such an amendment while Supreme Court hearings were ongoing regarding the case filed to nullify the constitutional amendment that terminates membership upon changing parties or being expelled from a party.

Speaker of Parliament Abdul Raheem Abdulla rejected and dismissed the emergency motion after revealing that he would not allow the case to be submitted.

The speaker said that the opportunity to submit the matter was not given because the conditions specified in the parliament's regulations were not met in the urgent matter submitted by MP Meekail. With this, the speaker stated that the matter cannot be presented to the sitting.

He also noted that there would not be an opportunity to submit an urgent motion regarding an issue related to a subject of debate on a bill submitted to the People's Majlis. The bill proposing amendments to the Courts Act of Maldives states that a Supreme Court Justice can only be removed from office if the Judicial Service Commission (JSC) determines that the judge is unfit for the position, and submits the matter to the People's Majlis where it must be passed by a two-thirds majority of members present and voting at the sitting.

It has also been stated that JSC must submit to the People's Majlis, within a maximum of five days from the commencement of the law, the names of Supreme Court justices whom JSC recommends for removal from their positions.

It has also been stated that the People's Majlis must decide on the dismissal of those judges within a minimum of seven days after their names are submitted to the People's Majlis.