Request to expedite hearings on MPs’ dismissal case

The Supreme Court has been requested to expedite the ongoing trial concerning the petition to nullify the constitutional amendment that allows for the disqualification of parliamentarians’ seats.

The constitutional amendment that mandates parliamentarians to lose their seats upon switching political parties was challenged at the Supreme Court by former Member of Parliament for Kendhoo constituency and lawyer Ali Hussain.

In a letter addressed to Supreme Court Chief Justice Ahmed Muthasim Adnan on Tuesday, Ali Hussain stated that during the hearing held on 18 February 2025, regarding the case to nullify the constitutional amendment that mandates the loss of parliamentary seats when members switch political parties, the court had decided to proceed with the substantive hearing of the case and had given the Attorney General's Office (State) a 10-day period to respond to the substantive matters of the case.

Further, since the matter is related to a decision of the People's Majlis, due to the current way the parliament is handling it, it appears there is potential for the matter to be negatively impacted. Hence, Ali Hussain has requested to schedule a hearing of the case at the earliest possible opportunity.

In addition to this, Ali Hussein has also requested a temporary order from the Supreme Court to prevent the dismissal of members while the case regarding members' dismissal is ongoing.

The Supreme Court has determined that it will review the constitutional amendment that requires Members of Parliament to lose their seats upon switching political parties. Along with this, a bill has been submitted to the parliament to amend the Courts Act in a way that would pave the way for reducing the number of Supreme Court justices and removing two judges from the bench, enabling government influence over the judiciary.

The bill to amend the number of Supreme Court bench justices was submitted to the Parliament by MP for Holhudhoo constituency Abdul Sattar Mohamed, who belongs to the ruling People’s National Congress (PNC). The bill submitted to the parliament on Monday was accepted, and it was debated during Tuesday's sitting.

The 8th Amendment to the Courts Act of Maldives states that the Supreme Court of Maldives consists of a total of five justices, including the Chief Justice, who are appointed to the court.

The bill proposed to amend 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 person is unqualified for the position of justice, and submits the dismissal 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 parliament the names of justices recommended for dismissal from the Supreme Court within a maximum of five days after this law comes into effect.

It has also been stated that parliament must make a decision regarding the dismissal of the justices within a minimum of seven days after their names are submitted. Many have criticized the incumbent administration, stating that its efforts to change the number of justices while a constitutional case is ongoing in court is an attempt to influence the court. President Dr. Mohamed Muizzu has previously stated several times that his administration would not interfere with the courts.