Supreme Court Deems Parliament’s MP Limit Amendment Unlawful

The Supreme Court of the Maldives has declared the parliament’s amendment to Article 49 of the Parliament’s Regulation, fixing the maximum number of MPs at 80, as ultra vires with the Maldives Constitution.

In its ruling, the apex court stated that since Article 49 has already been repealed, there is no legal recourse available.

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The amendment came after the resignation of seven MPs, prompting the majority party in parliament, MDP, to modify the regulation to exclude these MPs from the total count.

The Attorney General’s Office contested this move, filing a challenge with the Supreme Court to annul the amendment.

In response, the parliament completely repealed the amended article and introduced a new provision.

The Attorney General’s Office urged the top court to deem the parliament’s amendment of Article 49 unconstitutional.

The five-judge bench unanimously deemed the amendments to the regulation unlawful but noted that no legal action could be taken since the amended article had been fully repealed.

Justice Dr. Azmiralda Zahir, presiding over the bench, emphasized that the Constitution safeguards the election of MPs to parliament without compromising the fundamental rights enshrined within.

Dr. Azmiralda also remarked that the resignation of seven MPs from the 19th Parliamentary Assembly, originally comprising 87 MPs, did not disrupt the essential functions of parliament.

Expressing skepticism over the parliament’s decision, Dr. Azmiralda stated, “It is for this reason, I find it difficult to believe the parliament’s decision on the matter was made without malthought.”

She further elaborated that while the quorum for an 87-MP parliament would be 22 members, it reduces to 20 once the total MPs decrease to 80.

The judge noted that any attendance issues arising from 22 out of the 80 MPs not attending parliamentary proceedings could be addressed by amending the disciplinary policies for members.

The Supreme Court bench comprised Dr. Azmiralda, along with Justices Aisha Shujuoon, Husnu-al-Suood, Mahaz Ali Zahir, and Dr. Mohamed Ibrahim, all concurring with Dr. Azmiralda’s opinion.

The court ruled that tallying the total number of MPs by excluding vacant positions violated the constitution. However, legal action on the matter is now precluded following the parliament’s decision to repeal the provision.