In a landmark verdict with profound implications for the nation's political landscape, the Supreme Court has ruled that the constitutional amendment stripping Members of Parliament of their seats if they defect from or are expelled by their political party is not unconstitutional.
The ruling was delivered in response to a petition filed by former MP Ali Hussain, who sought to have the anti-defection amendment declared invalid. Ali Hussain had argued that the provision was contrary to Articles 26, 75, and 90 of the Constitution and would disrupt the country's three-party presidential system. The main opposition party, the Maldivian Democratic Party (MDP), also intervened in the case.
Delivering the majority opinion of the full bench, Chief Justice Abdul Ghanee Mohamed firmly rejected these arguments. He stated that Parliament possesses the sovereign power to amend the Constitution and found that such an amendment is consistent with the rule of law and aligns with the norms of independent democracies worldwide.
The Supreme Court ruled that Parliament has the power to amend the Constitution and the court believes that such an amendment is not against the rule of law in accordance with the norms of independent democracies. There is no rule to declare the amendment to the Constitution invalid without constitutional authority, the Chief Justice stated.
In his detailed opinion, the Chief Justice referenced court decisions on anti-defection laws from a variety of governing systems, including presidential and parliamentary models. He also noted that a similar law had been passed in the Maldives in 2017 and was previously upheld as valid by the Supreme Court. He concluded that the amendment would apply to the current 20th Parliament.
The Chief Justice's opinion was supported by six other judges on the bench. However, the ruling was not unanimous. In a dissenting opinion, Justice Aisha Shujune Muhammad argued that the amendment should be repealed. Justice Shujune found that MPs are elected based on their individual merit and should be empowered to prioritise the interests of their constituents above all else, even if it means leaving their party.