The Supreme Court has ruled that a constitutional amendment requiring Members of Parliament (MPs) to vacate their seats if they resign from or are dismissed by their political party is valid.
The case was brought by former Kendhoo MP Ali Hussain, who sought to invalidate the amendment or, alternatively, prevent it from applying to the current parliamentary term. The court rejected both arguments.
Delivering the judgment, Chief Justice Abdul Ghanee Mohamed stated that parliament has the authority to amend the constitution, and such provisions are consistent with practices in other democratic systems. He noted that similar rules exist in presidential and hybrid governance systems to prevent political manipulation.
The court also ruled that the amendment applies immediately, including to current MPs, and does not violate constitutional principles. Addressing concerns about the “basic structure doctrine,” the Chief Justice said that while it safeguards constitutional integrity, parliament may determine its scope.
The ruling was passed by a six-judge majority. Justice Aisha Shujune Mohamed dissented, arguing that MPs are elected as individuals and the amendment could restrict their ability to serve the public independently.
The decision reinforces existing legal frameworks aimed at maintaining party discipline and political stability.
Economy
News
Business