Opposition files case in SC, citing budget must be passed as per Constitution
Vote must be taken with two-thirds of whole Parliament present
Supreme Court of the Maldives; opposition parties have filed motion in Court over budget
Joint Opposition parties have filed case in Supreme Court, stating that state budget for 2018 must be passed constitutionally, as per clause 87 (c) of the Constitution.
Clause 87 (c) of the Constitution states that any law that must be followed by citizens can only be passed with two-thirds of Parliament present and voting in the session.
The case was filed by the opposition parties and former President Maumoon Abdul Gayoom, citing public interest. The motion asks Supreme Court to declare that voting on state budgets is part of these laws that must be followed by citizens. As such, the clause concerns aspects like public expenditure, taxation and involves individual responsibility. Therefore, the case filed argued that annual state budget and supplementary budgets fall into this spectrum.
Additionally, the case cited that clause 97 of the Constitution specifies that budget is the law on earnings and expenditures for the state. Therefore, the case argued that when the Parliament passed the budget it was akin to passing a law.
The case had also requested for a stay order on the vote for budget, until Supreme Court reaches a verdict on the issue.
Vote on budget is on agenda for Wednesday. Parliament Committee to review the budget had passed the budget as proposed by Finance Ministry without any changes. Next year, the state budget is set at MVR 27.9 billion.
