"Amendment on MPs disqualification was passed against procedures, must hear the case to see if it holds water"

Feb 18, 2025, 5:50 AM
Former Kendhoo MP Ali Hussain.

Former Kendhoo MP Ali Hussain.

Former Kendhoo MP Ali Hussain, who filed a petition in the Supreme Court to quash the constitutional amendment that disqualifies MPs for defection or expulsion from a political party, told the court today that the case must be heard to determine its validity.

The state believes that the Supreme Court does not have the power to determine the validity of an amendment to the Constitution. The Attorney General's (AG) Office also believes that the court does not have the power to quash an article of the Constitution.

Responding to these claims, Ali Hussain said the constitutional amendment is a law in itself and such cases can be heard by the court.

Chief Justice Muthasim Adnan questioned whether there was any procedural issue in passing the amendment. Ali Hussain responded that procedural issues were there even though it does not appear so.

“We believe that if an amendment to the Constitution is proposed on the same day, three readings are conducted in the People's Majlis on the same day, passed by People's Majlis on the same day and ratified within about nine hours so when we look at the constitutional provisions... [we cannot believe it was passed as per the procedures], he said.

He further added that the petition's strength can be determined by conducting the hearings.

“Whether this case hold water or not will be determined by looking at it,” he said.

At today's hearing, the two sides responded to questions from the judges. State attorney Fathimath Haleem said not every constitutional case should be brought to the Supreme Court.

“This court, itself, has also ruled that not every constitutional case should come to this court,” she said.

Responding to the claim that the constitutional amendment that disqualifies MPs undermines the power of the people, Fathimath said the People's Majlis is a state power to raise the people's voice.

“Of the three powers, the People's Majlis is the power that speaks the people's voice,” she said.

She added that the Supreme Court has also ruled that the People's Majlis has the most powers out of the three powers of the state.

“The Supreme Court has also ruled that the People's Majlis has more powers than the other two,” she said.

The case is being heard by the full bench of the Supreme Court. The hearing was adjourned this morning after the judges' questions.

Speaking at the first hearing on Monday, Ali Hussain's lawyer Mahfooz Saeed said the amendment is not only unconstitutional but also not a feature of the presidential system.

"The Constitution places the utmost importance on the fundamental rights of the people and the existence of all powers of the state as originating and continuing from the people. The people will represent this power through their elected members," he stated.

Comments

Read More

Latest News

Priority should be sale of assets to generate immediate liquidity

Former President Mohamed Nasheed urged the Maldives to prioritize selling assets for immediate liquidity rather than long-term projects like the $20 billion Rasmalé development. He argued the UAE-backed waterfront deal will not provide the urgent cash flow needed to resolve the nation's current financial crisis.

Police seek charges against six men for assaulting officers

Maldives Police are seeking charges against six men for assaulting officers during a drug search in Maafushi. Five suspects remain in custody, while one was released by the court. Authorities have also appealed the release of a seventh individual involved in the August incident.

No tax concessions for UAE developer in Rasmale' project

The Maldives government awarded the $20 billion Rasmalé project to UAE developer Eagle Hills without tax concessions or exemptions. All business activities will follow national tax laws, with payments processed through local banks. The state expects over $11 billion in revenue from sales fees and commercial revenue sharing.

No details on size and value of land given to Dubai company

The Maldives government signed a $20 billion deal with Dubai’s Eagle Hills to develop a massive integrated zone in Rasmalé. While the project promises 54,000 jobs and housing, officials have withheld specific details regarding the land size, valuation, and lease terms. The area is expected to operate as a special economic township.

Rasmale' investor to build 5,000 housing units in Hulhumale'

The Maldivian government has partnered with UAE-based Eagle Hills to build 5,000 housing units in Hulhumalé using a contractor financing model. This agreement follows a massive $20 billion deal for the firm to develop Rasmalé. The project will feature luxury residences and a world-class marina without impacting existing housing plans.

AMFA concludes first Junior Lifeguard Program

The Australia Maldives Friendship Association successfully completed its first Junior Lifeguard Program pilot in Thulusdhoo and Fuvahmulah. The initiative trained youth in water safety and rescue skills to enhance maritime security. AMFA plans to expand the program across the Maldives by 2027 through partnerships with local councils.

Project to build international bowling arena in Hulhumale'

A private company has been awarded a MVR 20 million project to build the Maldives' first international-standard bowling arena in Hulhumale'. The two-story facility aims to host global competitions, though the direct award process lacks an official statement. This project is part of a broader plan to develop world-class sports infrastructure.

Newsletter

Get the latest news delivered straight to your inbox