Anti-defection law applies to 20th Parliament, Supreme Court rules
The Supreme Court has ruled by a majority that the constitutional amendment mandating the loss of parliamentary seats for floor-crossing applies to the current 20th People’s Majlis, dismissing a legal challenge seeking to exempt sitting members. In the majority opinion, the Chief Justice noted that there is no absolute legal principle preventing civil laws from being applied retroactively, concluding that the 6th Amendment to the Constitution is legally binding upon all current members of parliament.
A case has been filed with the Supreme Court seeking to nullify the constitutional amendment outlining the circumstances under which Members of Parliament lose their seats. | Raajje MV
The Supreme Court of the Maldives has ruled that the constitutional amendment mandating that members of parliament lose their seats for switching parties will apply to the current 20th People’s Majlis.
The Supreme Court reached this decision by a majority vote of the presiding judges.
Two primary opinions were issued in this case: that of the Chief Justice and that of Justice Aisha Shujune Mohamed. All remaining justices concurred with the opinion of the Chief Justice.
The petition submitted by Ali Hussain seeks a ruling declaring that the recently ratified constitutional amendment cannot be applied to the 20th People’s Majlis.
On that point, the Chief Justice stated that, according to the principles set out in the Interpretation Act, laws and regulations passed by Parliament are generally enacted to apply prospectively from the date of their inception. The Chief Justice further noted that civil laws are not subject to the same stringent principles as criminal laws, which strictly prohibit retroactive application.
Consequently, the Chief Justice noted that the sixth amendment to the Constitution would also apply to the current session of Parliament.
