In a decisive ruling reinforcing the authority of Parliament and the stability of the country’s democratic framework, the Supreme Court has upheld the constitutionality of the anti-defection amendment, confirming that Members of Parliament may lose their seats if they are expelled from or choose to leave their political parties.
The case was brought before the court by former MP Ali Hussain, who challenged the amendment on the grounds that it violated Articles 26, 75, and 90 of the Constitution and could disrupt the Maldives’ political system. The Maldivian Democratic Party (MDP) also intervened in the proceedings.
Delivering the majority judgment, Chief Justice Abdul Ghanee Mohamed firmly rejected the challenge, underscoring that Parliament holds sovereign constitutional authority to enact amendments. He stated that the anti-defection provision is fully consistent with the rule of law and reflects widely accepted democratic practices aimed at ensuring political stability and accountability.
The Chief Justice further clarified that there are no constitutional grounds to invalidate such an amendment, emphasizing that similar legal frameworks exist in established democracies. He also noted that a comparable law introduced in 2017 had previously been upheld by the Supreme Court, reinforcing the legitimacy and continuity of such measures. The ruling confirms that the amendment will apply to the current 20th Parliament.
The judgment was supported by six other justices, forming a clear majority and signaling strong judicial backing for Parliament’s legislative authority.
While Justice Aisha Shujune Muhammad issued a dissenting opinion suggesting repeal, the majority ruling affirms the importance of party integrity and coherence within the parliamentary system, ensuring that elected representatives remain aligned with the mandates under which they were elected.
