date_range
Monday 24 Feb 2025
LOCAL EDITION
close
LOCAL EDITION
Supreme Court. (File Photo/Supreme Court)
Opposition parties Maldivian Democratic Party (MDP) and the Democrats have slammed the move by the government to submit legislature to reduce the Supreme Court bench from seven to five as 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.
It comes as the court hears a case challenging a contentious amendment to add anti-defection provisions to the Constitution. The 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.
Both the main opposition MDP and the Democrats have issued statements condemning the move as well as its timing.
In a statement on Sunday night, the MDP accused President Dr. Mohamed Muizzu of attempting to dismantle Maldives’ constitutionally guaranteed separation of powers.
“These actions represent a blatant attempt to undermine judicial independence and consolidate power,” said the party.
The MDP it finds the timing of the attempt to downsize the Supreme Court bench as well as the move by President Muizzu to appoint Yazmeed Mohamed to the Judicial Service Commission (JSC) – both of which took place on Sunday – highly suspicious.
“The timing and nature of this appointment is deeply concerning especially as Yazmeed has no experience in the legal field, and appears downright unqualified for this crucial role,” said the MDP. “Additionally, the ruling party has submitted an amendment to the Court’s Act to reduce the number of Supreme Court justices while court proceedings have commenced for a case of significant importance.”
The MDP said that given the JSC’s mandate to investigate judicial conduct and its authority appoint and remove judges, the party sees President Muizzu’s recent change to the membership of the JSC as “a clear attempt to threaten and subvert the country’s highest judicial authority during a highly sensitive constitutional case.”
The Democrats expressed similar sentiments in a statement on Monday morning, slamming it as “a clear attempt to erode judicial autonomy, thereby weaking our constitutionally guaranteed checks and balances.”
The party said that the proposed bill is a clear instance of “court packing” – a strategy employed by governments seeking to exert political control over courts.
“Such measures are traditionally used in instances of judicial overreach, but also serve to subvert democratic foundations. In this instance, this legislation fundamentally compromises the separation of powers,” said the party.
The Democrats said that democratic stability and public interest are best preserved when each branch of the state functions independently within its constitutional boundaries.
“This separation of power is essential for maintaining the pillars of democracy and the rule of law. This proposal by the Muizzu administration represents a direct threat to the autonomy of courts,” said the party.
Both the MDP and the Democrats called on the government and the ruling PNC to immediately withdraw the bill, and refrain from exploiting its absolute majority at the Parliament to compromise constitutional integrity and Maldives’ hard-won democratic traditions.
The proposed 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:
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 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.
