The Supreme Court has concluded its hearing over the case filed by the opposition contesting the parliament passing the amendment of the Judges Act.
The court accepted the case, filed by the Maldivian Democratic Party, the Adhaalath Party, the Jumhooree Party, and one faction of the Progressive Party of Maldives, on Thursday, 15th March.
It had also contested the anti-defection bill, passed along side said amendment.
Speaking at a press conference after filing the cases, MP Ibrahim Mohamed Solih said that laws passed with less than half of the 85-seat house, cannot be accepted. He said this especially applies to laws that are in conflict with the Constitution and existing statutes. He also said that the anti-defection act undermines the political parties act and the amendment to the law on judges violates Article 154 of the Constitution.
Ali Hussein said that obstruction to Article 154 – which deals with the independence of judges – obstructs the democratic principle of separating powers. Article 156 states that a Judge shall not be removed from office during good behavior and compliance with judicial ethics, with its second clause stating that judges may only be removed for incompetence and misconduct.
While the anti-defection act will come into effect from July 2017 onwards, Anara Naeem said that no law must affect a date before its passing.
The anti-defection bill was proposed by the ruling party’s parliamentary group leader 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.
The amendment to the Judges Act was proposed 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.
