PNC issues green whip to vote in favor of accepting bill to reduce Supreme Court justices

The Parliamentary Group of the main ruling People’s National Congress (PNC) has issued a green whip to vote in favor of the government's bill to reduce the number of Supreme Court justices.

While a constitutional case was ongoing, a bill was included in Monday's agenda to reduce the number of Supreme Court justices and pave the way for removing two justices from the bench.

After the bill's debate was held on Tuesday, the PNC Parliamentary Group issued a green whip line for its members to vote in favor of the bill before it was put to vote. Voting was held at 1:30pm.

The stated purpose of the bill independently proposed by MP for Holhudhoo constituency Abdul Sattar Mohamed, who belongs to the ruling PNC party in the People's Majlis, is that since the Constitution is a document that Maldivians obtained with great hope, and because the number of Supreme Court justices in Law No. 2010/22 (Maldives Courts Act) was discussed in previous special assemblies, and believing that the sweetest hope Maldivians have from the Constitution is the improvement of people's general condition, this change can be most appropriately achieved for the people by modifying the composition of the Maldives Supreme Court to its previous state.

The bill submitted to the parliament proposing 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 that court.

The bill states that if the Judicial Service Commission (JSC) believes that a judge appointed to the Supreme Court is incompetent, they can submit a proposal to the People's Majlis to remove that justice from office. Further, if such a proposal is passed by a two-thirds majority of the members present and voting at the parliamentary session, they shall be removed from their position.

After dismissing the member appointed by the former president, the current president, Dr. Mohamed Muizzu has appointed Yazmeed Mohamed of Vaijeheyge from Villingili island of Gaaf Alif atoll as an appointed member on Sunday. The law also states that the Judicial Service Commission (JSC) must submit to the parliament, within five days of the law coming into effect, the names of Supreme Court justices whom the JSC recommends for dismissal from their positions.

It has also been stated that the parliament must make a decision regarding the removal of said justices from their positions within a minimum of seven days after their names are submitted to the parliament.

The bill suddenly proposed by the government to change the Supreme Court bench is a direct attempt to influence the ongoing constitutional case at the court. With the recent sudden changes made to the Constitution by the incumbent administration, if a member elected to the parliament is dismissed from their party or voluntarily resigns from it, they will lose their parliamentary seat.

Therefore, a case has been filed with the Supreme Court to determine that this amendment is contrary to the framework of the entire constitution and is an invalid amendment. As the hearings of the case have already begun, Ali Hussain, the lawyer and former MP who filed the case at the Supreme Court, has also stated that attempting to dismiss some of the justices presiding over the case amounts to influencing the case.