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.
