Supreme Court Justice Aisha Shujune Muhammad stated today that the constitutional amendment—which mandates that MPs lose their seats for floor-crossing or switching political parties—was enacted like changing the rules in the middle of a game.
In the sole dissenting opinion against the Supreme Court’s majority ruling, which upheld the amendment, Shujune argued that the changes should be nullified. She maintained that the amendment was passed in violation of the Constitution.
Shujune used a sporting analogy to illustrate her point, noting that the rules of a game governed by established regulations were altered without any consultation or notice while the public was already playing.
She further argued that when viewing the distribution of state powers as a whole, the amendment contradicts the fundamental principles established by the Constitution.
"I believe that applying this amendment retroactively is inconsistent with the constitutional framework, its structure, and the rights and responsibilities it guarantees," she stated.
The Supreme Court reached its decision to uphold the constitutional amendment today with a 6-1 majority among the seven-member bench.
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.
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.
