Supreme Court Upholds Anti-Defection Law to Prevent Parliamentary Seat Forfeiture

The Maldives Supreme Court has upheld the validity of a constitutional amendment that requires members of Parliament to forfeit their seats if they switch political parties. The ruling confirms that anti-defection measures are constitutional, aiming to bring greater stability to the legislative process. The judicial decision follows a challenge brought by Ali Hussain, the former Member of Parliament for Kendhoo. Hussain had petitioned the court to strike down the amendment, arguing that penalizing lawmakers with the loss of their seats for leaving or being expelled from their political factions was a breach of constitutional rights. However, the court dismissed these arguments, ruling that the provision aligns with the nation's overall constitutional architecture. The decision ensures that lawmakers remain accountable to the parties under which they were elected, preventing frequent party-hopping that can destabilize government majorities. Commenting on the verdict during the PSM News programme 'Raajje Miadhu', former Attorney General and legal scholar Aishath Azima Shakoor described the move as a pivotal development. She stated that the ruling was highly appropriate and resolved critical questions regarding the legal structure of the state. Shakoor further noted that while Parliament holds significant power, there are certain attributes of the state that remain immune to legislative modification, regardless of the size of the governing majority. She emphasized that the ruling does not alter the fundamental framework of the Constitution. According to Shakoor, the majority opinion delivered by the Chief Justice establishes that the Parliament is powerless to amend intrinsic national characteristics. These protected elements include the sovereignty of the citizens, the Islamic faith, national identity, and the country's independent autonomy.