MDP to intervene anti-defection case at Supreme Court

The main opposition Maldivian Democratic Party (MDP) has decided to intervene the case submitted to Supreme Court challenging the recent constitutional amendment that introduced the anti-defection clauses.

The amendment to the Maldives Constitution was submitted from the government last Wednesday, and was approved by the parliament on the same day. Later on, Wednesday evening, President Dr. Mohamed Muizzu ratified the amendment which came to full effect.

The amendment was challenged, and subsequently submitted to the Supreme Court on Sunday by former Kendhoo MP and advocate, Ali Hussain.

In response to this, MDP released a statement claiming the sixth amendment to the Constitution defied the democratic principles, and previous parliamentary conduct in cases of constitutional amendments. The party further said this recent amendment stripped the Constitution’s authority as well.

While highlighting Article 4 of the Constitution guarantees that the state powers originate from, and will remain with the people, this recent amendment was brought forward without considering the said article.

“… and [this amendment was brought forward] in a manner that would strip the right of the people to be represented by a member of the parliament elected by them according to Article 26 of the Constitution,” the statement read.

The opposition party welcomed the decision to challenge the amendment to Article 73 of the Constitution, and said it has decided to intervene into the case at Supreme Court.

In a post on X, Ali Hussain said the sixth amendment to the Constitution was made in violation of Articles 4, 8, 26, 75, and 90.

Article 8 of the Constitution states that all the powers of the state must be exercised according to the Constitution.

The primary amendments made to the Constitution include:

• Introduction of anti-defection clauses under which members would lose their parliamentary seat if they change the political party under whose ticket they were elected, or if they are dismissed from the party
• Any changes to the territory of the Maldives can be made with parliamentary approval
• Presence of military non-nationals must be approved by the parliament

Former Attorney General Fathimath Dhiyana Saeed had called out to challenge the constitutional amendments, while former Chief Justice Ahmed Abdulla Didi had called for the introduction of the “recall referendum”.

The ruling People’s National Congress (PNC) however, has been defending this recent change to the Constitution.

According to the Parliament Speaker, Abdul Raheem Abdulla, party committees will not be given authority to dismiss party members and added that a new legislation will be enacted stipulating dismissal procedures of party members.