Artwork: Ismail Imdhad/ Adhadhu
A case has been filed at the Supreme Court today to revoke the amendments to Article 73 of the Constitution.
The case was submitted by lawyer Ali Hussain who previously served as the MP for Kendhoo constituency.
Last week, a subsection (e) was added to Article 73 of the Constitution, specifying new conditions for the removal of MPs.
With the new amendments, 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.
In his case submitted to the top court, Ali Hussain argued that the amendments were unconstitutional as they contravened the basic principles in Articles 4, 8, 5, 26, 75 and 90 of the Constitution.
Article 4 - (Powers of the citizens) All the powers of the State of the Maldives are derived from, and remain with, the citizens. Article 8 - (Supremacy of Constitution) The powers of the State shall be exercised in accordance with this Constitution. Article 5 - (Legislative power) All legislative power in the Maldives is vested in the People’s Majlis. Article 26 - (Right to vote and run for public office) Unless otherwise provided in this Constitution, every citizen of the Maldives eighteen years of age or older has the right: (a) to vote in elections, and in public referendums, which shall be held by secret ballot; (b) to run for public office; (c) to take part in the conduct of public affairs,directly or through freely chosen representatives. Article 75 - (Function of members) Members of the People’s Majlis should be guided in their actions by considerations of national interest and public welfare foremost, and should not exploit their official positions in any way for their own benefit or for the benefit of those with whom they have special relations. They shall represent not only their constituencies but the country as a whole. Article 90 - (Privilege) (a) No member or other person shall be liable to any proceedings in any court, and no person shall be subject to any inquiry, arrest, detention or prosecution, with respect to anything said in, produced before, or submitted to the People’s Majlis or any of its committees, or with respect to any vote given if the same is not contrary to any tenet of Islam. (b) No person or newspaper or journal shall be liable in respect of any report or proceedings made or published under the authority of the People’s Majlis, or in respect of any fair and accurate report of the proceedings of the People’s Majlis or any of its committees, where this is done in accordance with principles specified by the People’s Majlis.
Ali Hussain requested the Supreme Court to declare that the amendments were constitutionally invalid. He also asked the court to decide that it would not apply to the MPs of the current 20th Parliament during its period in force.
Many legal experts and civil society organizations have expressed concern over the amendments rushed through the government-controlled Parliament.
The constitution was changed within a few hours with the votes of 78 MPs. Several political jobs have been announced since the Parliament vote last week.
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