Former Chief Justice Didi rebuts President’s claim on party-based MP dismissal

Former Chief Justice Dr. Ahmed Abdulla Didi says there is no legal basis for political parties to dismiss members of Parliament elected by the people, responding to recent remarks by President Dr. Mohamed Muizzu.  
The President made the comments during a meeting with residents of Henveiru ward in Male' city on Sunday, where an attendee expressed concern that the Constitution was amended without public consultation. In response, President Muizzu said MPs are elected through political parties that voters support, and the constitutional amendment was made to respect the people’s decision.  
The Sixth Amendment to the Constitution, ratified in November 2024, added Article 73(e), which mandates that MPs lose their seats if they leave the party under which they were elected, are expelled from it, or if an independent member joins a party during their term. The amendment passed with a supermajority in Parliament, but drew criticism from opposition figures and legal experts who argued it places MPs “under lock and key.”  
Members of the 20th parliamentary assembly take their oath on May 28, 2024. (Photo/People's Majlis)
In a post on X on Monday, Didi said the President’s interpretation has no legal weight. He explained that the Maldives uses a single-member district electoral system, where the candidate with the most votes in each constituency is elected.  
“The candidate is not elected on the basis of party,” Didi wrote. “On the contrary, electing members based on party lists is a system not practiced in the Maldives.”  
He argued that voters choose candidates based on individual merit, not party affiliation, and that political parties should not have the power to dismiss elected representatives.  
“Even in advanced democracies, political parties do not have the authority to expel members elected under this second electoral system,” Didi added.  
A petition to nullify the amendment has been filed at the Supreme Court, but the case has not progressed in recent weeks.
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