The Supreme Court ruled today that the constitutional amendment mandating that MPs lose their seats for floor-crossing or switching political parties is valid and does not need to be annulled.
The apex court reached its decision with a majority of six out of the seven presiding justices. Justice Aisha Shujune Muhammad was the sole dissenting voice in the ruling.
Delivering the verdict today, Chief Justice Ahmed Muthasim Adnan stated there are no legal grounds to invalidate the amendment brought to the Constitution by the current administration.
"There is no basis to determine that the amendment brought to Article 73 of the Constitution is a void amendment lacking constitutional authority," the Chief Justice stated.
Furthermore, the court addressed the claimant's argument that the constitutional amendment should not apply to the current MPs of the People's Majlis. The Supreme Court ruled that the amendment is enforceable against the sitting MPs.
"I find there is no basis to determine that the amendment to Article 73 of the Constitution cannot be applied to the MPs elected to the 20th People's Majlis," Chief Justice Muthasim Adnan said.
In her dissenting opinion, Justice Shujune stated that the amendment to the Constitution should be nullified. Delivering her judgment, she asserted that the change was enacted in violation of the Constitution.
"This is a situation where the rules are changed in the middle of a game being played by the citizens, without any prior notice, consultation, or deliberation," she remarked.
The provision stating that MPs will lose their seat if they resign from or change the political party they represent was incorporated into the Constitution in 2024.
The matter was later submitted to the Supreme Court. However, while the case was under review, three justices were suspended. Two of those suspended were later removed from office, while the third justice resigned.
The Supreme Court reached its decision today with a bench that included three justices appointed by the current administration of President Mohamed Muizzu.
