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Maldives Supreme Court to Review Constitutional Case on Anti-Defection Amendment During Recess

Mariyam Milzam MasoodMariyam Milzam Masood

01 December 2024 - 05:38

The Supreme Court of the Maldives has entered a one-month recess, delaying a decision on a significant constitutional case seeking to annul a controversial amendment that introduced new anti-defection provisions to the Maldivian Constitution.

The amendment, which was swiftly submitted, passed, and ratified on November 18, adds new circumstances under which parliamentarians would lose their seats. These include situations where a parliamentarian:

  • Resigns from or is dismissed or expelled from the party they were elected under,
  • Switches parties, or is dismissed or expelled from a party,
  • An independent parliamentarian joins a political party.

Former Kendhoo MP Ali Hussain, an attorney-at-law, filed the case with the Supreme Court on November 24, arguing that the new provisions violate several key articles of the Maldivian Constitution, including those outlining the rights of citizens, the supremacy of the Constitution, the right to vote and run for office, and the privileges of parliamentarians.

However, the court has announced that it will be in recess from December 1 to January 1, during which it will not hold hearings except for matters that are constitutionally or legally required to be addressed within a specific timeframe. Despite the recess, the court will continue its administrative functions, including registering new cases.

The amendment has raised concerns within both the opposition and the legal community, with critics arguing that it infringes on the rights of parliamentarians and undermines the democratic process. The outcome of this case could have significant implications for the future of Maldivian politics.

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