Parliament rejects MDP’s emergency motion against move to reduce Supreme Court bench

The Parliament on Monday rejected an emergency motion submitted by the Maldivian Democratic Party (MDP) condemning legislature pushed by the government to reduce the Supreme Court bench from seven to five justices – a move that the main opposition party accuses of being a blatant attempt to undermine the Constitution and subvert judicial independence.

The amendment to the Judicature Act was submitted on Sunday by Holhudhoo MP Abdul Sattar Mohamed – a member of the ruling People’s National Congress (PNC) – who hold a supermajority at the legislative assembly.

South Galolhu MP Meekail Ahmed Naseem submitted an emergency motion condemning the bill on Monday. However, the motion was rejected by Speaker Abdul Raheem Abdulla, the chairman of PNC, who said that it did not fit the criteria for an emergency motion.

The move to reduce the Supreme Court bench comes as the court hears a case challenging a contentious amendment to add anti-defection provisions to the Constitution.

The constitutional amendment in question was submitted, passed and ratified in quick succession on November 20. It added three more circumstances where parliamentarians will lose their seat, including if they are expelled from their political party.

In his emergency motion, Meekail noted that the move to reduce the Supreme Court bench comes amid allegations that the government is bringing forward various misconduct allegations against the justices in an attempt to intimidate and influence them, and allegations that the government is working to have the justices removed from the bench.

Meekail said that the Constitution clearly states that Supreme Court justices may not be removed unless they engage in misconduct.

The said that the move to change the composition of the bench and have justices removed is a clear attempt to influence the ongoing court case.

He said that the move to reduce the bench will also reduce the speed of cases at the top court.

Meekail said that the removal of justices who are not guilty of any misconduct would be a blatant violation of the Constitution.

He called on the government and the ruling PNC to stop the attempt to pass the bill.

The MDP has also expressed concern over President Dr. Mohamed Muizzu’s decision on Sunday to replace Mohamed Sameer with Yazmeed Mohamed at the Judicial Service Commission (JSC). The party said that Yazmeed lacks any legal expertise and that they find the timing of the appointment suspicious.

The new bill states that the removal of Supreme Court justices will require the JSC to submit a motion for dismissal to the Parliament if they deem a justice to be incompetent, and will require a two-thirds vote of parliamentarians present.

The JSC will be required to submit the names of the justices they want removed to the Parliament within five days the amendment takes effect, and the Parliament must make a decision within seven days once it is submitted.

The Supreme Court bench is currently composed of:

• Chief Justice Ahmed Muthasim Adnan
• Justice Dr. Azmiralda Zahir
• Justice Aisha Shujoon Mohamed
• Justice Mahaz Ali Zahir
• Justice Husnu Al-Suood
• Justice Ali Rasheed Hussain
• Justice Dr. Mohamed Ibrahim

The move to submit a bill to reduce the Supreme Court bench follows weekslong allegations by the MDP  that the government is seeking to dismiss some of the members of the top court’s bench to influence a case challenging a contentious amendment to add anti-defection provisions to the Maldivian Constitution.

The constitutional amendment in question was submitted, passed and ratified in quick succession on November 20. The controversial amendment added three more circumstances where parliamentarians will lose their seat, including if they are expelled from their political party.

Former Kendhoo MP Ali Hussain, an attorney-at-law, filed a constitutional case with the top court on November 24, arguing that the amendment violates key provisions of the Constitution, as well as the basic structure doctrine.

Ali Hussain’s case is a novel one – marking the first time for a petition to be lodged with the Supreme Court seeking to annul an amendment to the Constitution.

Hearings in the case began on February 17 – nearly three months after the case was filed.

The state filed a motion to have the case tossed out, arguing that the Supreme Court does not have the jurisdiction to hear it. But the bench decided on February 18 to proceed with the case, and gave the state 10 days to build their case.

The police are also rumored to be conducting criminal investigations into several Supreme Court justices – allegations that the police have denied.

On Sunday morning, senior parliamentarians from the PNC held a meeting at the Parliament, during which they engaged in discussions regarding conducting parliamentary inquiries into Supreme Court justices.

The number of justices in the Supreme Court bench have been changed twice in the last decade. In 2014, during former President Abdulla Yameen Abdul Gayoom’s administration, the ruling party passed legislature reducing the bench from seven to five justices.

This was reversed in 2019 during former President Ibrahim Mohamed Solih’s administration.