12 MPs stand to lose seats following Supreme Court ruling
The ruling was made on Tuesday, 24th April
Supreme Court of the Maldives
12 opposition parliamentarians stand to lose their seats after the Supreme Court on Tuesday ruled that the anti-defection law is ‘not unconstitutional’.
Maldives top court has ruled against the case filed by the opposition, seeking to nullify the recently ratified law.
At the ruling issued on Tuesday, the Supreme Court stated that the bill was approved ‘as per Supreme Court guidelines’, which was determined in a floor-crossing ruling issued by the court on 13th July 2017.
While the opposition had noted that the law ‘retrospectively applies the anti-defection punishment starting from July 13, 2017’, the court declared that it is ‘not an issue’. It said that this is because ‘as it is the day the Supreme Court issued the floor-crossing ruling, in order to find a solution to the matter’. Hence, it said that if a lawmaker changes parties or is dismissed from a party, they will stand to lose their parliament seats.
Hence, the court declared ‘no issues’ with the law, approved on 13th April 2018, taking effect from 13th July 2017.
The opposition also challenged the legality of the law, as the Constitution notes that more than half of the 85-member house must be present on ‘voting on any matter requiring compliance by citizens’. Only 39 out of the required 43 MPs were present at the sitting in which the bill was approved.
Furthermore, while the Court noted that the constitutionally required quorum was not present, that the ‘doctrine of necessity’ overrule the need to follow the requirement.
While it has been nearly a year since the lawmakers were banned from taking part in parliament sessions, important bills have been passed without them. The Joint Opposition notes that rights of over 60,000 citizens have been violated due to the MPs’ removal from parliament.
