Opposition parties condemn government's move to alter Supreme Court bench amid constitutional case

Feb 24, 2025, 7:43 AM
Adhadhu File Photo

Adhadhu File Photo

Opposition parties have expressed concern as the government moves to remove two members from the Supreme Court bench amid a constitutional case on MP disqualification.

The main opposition Maldivian Democratic Party (MDP) said in a statement that it condemns President Dr. Mohamed Muizzu's actions to dismantle the "constitutionally guaranteed separation of powers."

"These actions represent a blatant attempt to undermine judicial independence and consolidate power," the statement read.

The party called on the international community to "stand vigilant against these blatant attacks on our democratic institutions."

MDP Chairperson Fayyaz Ismail said "this is a major step backwards" for the country's democracy and judicial independence.

"I appeal on MPs not to participate in this cowardly and disgraceful act by the government and I call on the entire judiciary to stand up to protest against this," he said in a post on X.

Meanwhile, the opposition-aligned Democrats called on the government to immediately withdraw the proposed amendment bill.

"This is a clear attempt to erode judicial autonomy, thereby weakening our constitutionally guaranteed checks and balances," the party said in a statement.

The Democrats noted that the legislation contradicts the government's previous assurances that they would not alter the composition of the Supreme Court.

"The timing is also particularly concerning as it coincides with the court's deliberation of a critical constitutional amendment case," the party stated.

The amendment bill to change the composition of the Supreme Court bench from seven members to five members 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.

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