The People’s Majlis Secretariat has asked the Supreme Court to review its 2017 ruling on impeachment, says Secretary-General Fathimath Niusha.
The unanimous ruling two years ago gives the Supreme Court the final say in dismissing cabinet members, stating that such an official voted out of office by parliament will only be subject to dismissal after the court reviews the case.
General-Secretary Niusha refuted reports that the Majlis is seeking the apex court’s opinion on a recent amendment to the parliament’s procedural code.
At the sitting held on 18th March, Majlis Speaker Qasim Ibrahim said that the procedural amendment will be forwarded to the Supreme Court, for 'opinion'.
The amendment was put through by the Majlis’s general purposes committee gives the house final say in ousting cabinet ministers, court judges, and members of independent institutions.
This amendment was proposed while a no-confidence motion against Defence Minister Mariya Ahmed Didi is underway, over comments she made in an interview about Maldives’ vulnerability.
Article 101 of the Constitution of the Republic of Maldives states that a member of cabinet against whom a motion of no-confidence passes ‘shall cease to hold office’.
As per Article 154, judges can also be removed through parliamentary vote, but with the approval of the Judicial Services Commission.
Members aligned with the government coalition’s Maldivian Democratic Party have contested the validity of the amendment, noting that it violates said Supreme Court ruling in 2017.
As per the procedural change, a no-confidence motion must be put forth to the parliament floor, and the official in question must be notified within a day.
If parliamentarians vote to accept the motion, it will be forwarded to a seven-member review committee, without additional deliberation.
The committee shall summon the official, who is allowed to legal representatives to speak in their defence. People’s Majlis asks apex court to review impeachment ruling