MDP to Intervene in Supreme Court Challenge to Constitutional Amendment

The main opposition party in the Maldives, the Maldivian Democratic Party (MDP), has announced its decision to intervene in a Supreme Court case challenging the constitutional amendment that introduced anti-defection clauses.

The sixth amendment to the Maldives Constitution was submitted by the government and swiftly approved by parliament last Wednesday, with President Dr Mohamed Muizzu ratifying it the same evening. The amendment came into effect immediately after ratification.

advertisement

The amendment was formally challenged in the Supreme Court on Sunday by former Kendhoo MP and advocate Ali Hussain. He argued that the amendment contravened several articles of the Constitution, including Articles 4, 8, 26, 75, and 90, which collectively emphasise the democratic principles of state power, representation, and adherence to constitutional law.

In a statement, the MDP criticised the amendment, arguing that it undermines democratic principles and parliamentary norms. The party claimed that the change dilutes the Constitution’s authority and violates Article 4, which guarantees that state powers originate from and remain with the people. The statement also argued that the amendment impinges on Article 26, which protects the right of citizens to elect their parliamentary representatives.

The constitutional amendment, which primarily focuses on anti-defection measures, stipulates that members of parliament will lose their seats if they change the political party under whose ticket they were elected or if they are dismissed from their party. Other changes include requiring parliamentary approval for territorial changes and the presence of foreign military personnel in the Maldives.

Former Attorney General Fathimath Dhiyana Saeed has also called for the amendment to be challenged, while former Chief Justice Ahmed Abdulla Didi has advocated for the introduction of a “recall referendum” to allow voters to hold MPs accountable.

Despite the opposition’s criticism, the ruling People’s National Congress (PNC) has defended the amendment. Parliament Speaker Abdul Raheem Abdulla stated that party committees would not have unilateral authority to dismiss members. Instead, a new law will outline the procedures for member dismissals.

As the Supreme Court considers the legal challenge, the debate over the amendment underscores deep divisions in Maldivian politics, with significant implications for the country’s constitutional framework and democratic principles.