The government has proposed a bill to remove two members from the Supreme Court bench and change the court's composition to five justices as the top court hears a petition to quash the constitutional amendment that disqualifies MPs for defection or expulsion from a political party.
The amendment bill was proposed by Holhudhoo MP Abdul Sattar Mohamed on behalf of the government.
According to the bill, the Judicial Service Commission (JSC) should determine the two judges to be removed from the court.
The JSC must send the names of the judges to parliament within five days of the law coming into force.
The People's Majlis must decide on the removal of the judges within seven days. Judges can be removed by a two-thirds majority of the parliament.
The bill states that JSC does not have to look at the periods given by other laws and regulations to determine the two judges to be removed.
Meanwhile, the President's member on the JSC was changed on Sunday. Yazmeed Mohamed was appointed to the post to replace lawyer Mohamed Sameer.
In November last year, a subsection (e) was added to Article 73 of the Constitution, specifying new conditions for the removal of MPs.
With the new amendment, MPs will lose their seat if they defect from the political party under whose ticket they were elected, join a political party after being elected as an independent candidate, or voluntarily leave or are expelled from their political party while in office.
Former Kendhoo MP Ali Hussain argued that the amendment was unconstitutional as they contravened the basic principles in Articles 4, 8, 5, 26, 75 and 90 of the Constitution and petitioned the Supreme Court to quash it.
On Tuesday, the Supreme Court decided to accept the case. Speaking during the hearings, 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.
