Opposition seeks to reverse ‘unlawful’ anti-defection bill and judges act amendment

The allied opposition parties, who refer to themselves as the joint opposition, has filed a case with the Supreme Court seeking to reverse the parliament’s passing of two bills they deem ‘unlawful’.

The parliament on Tuesday passed the government proposed amendments to the Judges Act, and a landmark bill on floor-crossing, the anti-defection law.

Parliamentarians aligned with the opposition parties held a press conference on Tuesday night, highlighting concerns about the aforesaid bill and amendment’s passing.

The Maldivian Democratic Party’s parliamentary group leader Ibrahim Mohamed Solih said at the conference that laws passed with 39 lawmakers, less than half of the 85-seat house, cannot be accepted.

Solih said this especially applies to laws that discord with the constitution and existing statutes, naming the anti-defection bill to undermine the political parties act and the amendment to the law on judges to violate Article 154 of the constitution.

MP Ali Hussein said, while speaking at Tuesday night’s conference, that said obstruction to Article 154 – which stipulates on the independence of judges – obstructs the democratic principle of separating powers.

“A Judge shall not be removed from office during good behavior and compliance with judicial ethics” the article says, with its second clause stating that judges may only be removed for incompetence and misconduct.

Further, the parliamentarian also said that a law on anti-defection is exceptionally important in nations with a parliamentary form of government but is not entirely appropriate for the Maldives.

MP Anaara Naeem, of the religiously conservative Adhaalath Party, said highlighted the importance Islamic teachings put on the independence of adjudicators. She also noted that no law must be said to impact dates before its passing.

The anti-defection bill was proposed by the ruling party’s parliamentary group leader MP Ahmed Nihan last week. The bill stipulates that lawmakers who are found to have floor-crossed since 13th July last year will potentially be unseated. It passed on Tuesday with 36 votes.

The amendment to the Judges Act was proposed last week by MP Abdul Raheem Abdulla, the deputy leader of the ruling party and a strong supporter of the government. The amendment will disqualify judges convicted of a criminal offense. The amendment passed with 38 votes.