Speaker rejects allegations govt weaponizing PNC supermajority with push to downsize Supreme Court bench

Speaker Abdul Raheem Abdulla – the chairman of the ruling People’s National Congress (PNC) - insisted on Monday that the move to submit legislature to reduce the Supreme Court bench from seven to five justices does not mean the government is using the ruling party’s absolute majority in the Parliament as a weapon, adding that he finds claims stating otherwise “unacceptable.”

Abdul Raheem made the remarks in response to comments made by South Galolhu MP Meekail Ahmed Naseem – a politician from the main opposition Maldivian Democratic Party (MDP) - during a debate on a report presented by the Public Accounts Committee regarding the government’s two-year fiscal reform agenda.

The amendment to the Judicature Act was submitted on Sunday by Holhudhoo MP Abdul Sattar Mohamed. Meekail, who had an emergency motion he submitted over legislature rejected earlier on Monday morning, said that the current parliamentary assembly is functioning very differently from previously assemblies, with the presidency frequently interjecting itself into debates.

Meekail was repeatedly interrupted by Abdul Raheem as he spoke about the bill to downsize the Supreme Court bench instead of the committee’s report.

Meekail alleged that the bill to remove two Supreme Court justices is a preplanned move by the PNC so that President Dr. Mohamed Muizzu can directly influence both the Parliament and the country’s highest judicial authority

“Honorable Speaker, the People’s Majlis is being used as a weapon at a time when the Maldives’ highest judicial authority is hearing the biggest constitutional case of this country…” said Meekail, before he had his mic cut off.

“This does not constitute to undermining the powers of the People’s Majlis. The Parliament has the unfettered authority to change the Constitution and laws, to make new laws and to amend existing ones. It is unacceptable to portray the submission of a bill as this Parliament being used as a weapon,” responded Abdul Raheem.

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 downsize 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.

Both the MDP and the Democrats have accused the government of attempting subvert judicial independence with the move to downsize the top court's bench, and have demanded the immediate withdrawal of the bill.

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.