The main opposition Maldivian Democratic Party (MDP) Chairperson Fayyaz Ismail has proposed to amend the Constitution to require the people's decision in the removal of Supreme Court justices.
In a column published on Adhadhu today, Fayyaz wrote that the removal of Supreme Court justices should not be an easy process and only a reason supported by the majority of people should allow their dismissal.
"The justices faced action as soon as the Supreme Court decided to proceed with a case against the government's request. That was a big warning to the other judges. The newly appointed justices to fill their vacancies will also be forced to act as per the President's wishes," he wrote.
Fayyaz stated that it is not difficult to remove justices by making false allegations through the parliament, Judicial Service Commission (JSC) and Anti-Corruption Commission (ACC) controlled by the President under the current system.
Recently, two Supreme Court justices were sacked after the JSC conducted an inquiry without following due process. The government's super-majority parliament dismissed the justices without allowing them to respond.
Based on this experience, Fayyaz said it is not wise to leave the fate of the justices only to the parliament. He believes the solution to this lies with the people.
"I think we can limit the power of parliament to remove judges. When parliament passes the removal of a justice, we can require a public vote on the decision. If the people support the decision of parliament, the justice will be dismissed. If not, the justice will remain on the Supreme Court bench."
He said such a vote would offer protection for justices from political attacks. The heads of one of the powers mentioned in the Constitution should not be changed without the consent of the people, he added.
Fayyaz also expressed the idea of introducing a “recall” vote of Supreme Court justices initiated by the people through a specific mechanism, in case the justice becomes a partner in a dictatorship.
He noted that the social and financial damage caused to the people and the country due to the lack of such a system outweighs the cost of conducting a referendum or recall vote.
The public and international parties expressed concern over the government's recent dismissal of justices.
The Supreme Court bench consists of seven justices. Three of them were appointed by President Dr. Mohamed Muizzu. Former High Court Chief Justice Hussain Shaheed was appointed to the bench following the resignation of Justice Husnu Suood.
Since Chief Justice Muthasim Adnan plans to retire, Muizzu will also appoint a person to fill his vacancy. This means the majority of the bench will be appointed under Muizzu.
