Maldivas
The Supreme Court of the Maldives has commenced hearings in the case of Ali Hussain v. State, a constitutional challenge to the Sixth Amendment, which introduces an anti-defection law for members of parliament (MPs). The case, filed by lawyer and former MP Ali Hussain in November 2024, argues that the amendment violates multiple articles of the Constitution.
The Sixth Amendment, enacted on November 20, 2024, stipulates that MPs will lose their seats if they leave or are expelled from the political party under which they were elected. Hussain contends that the amendment was passed without proper consultation and scrutiny, contravening Articles 4, 8, 26, 75, and 90 of the Constitution.
Following the Supreme Court's decision to hear the case, reports emerged that President Mohamed Muizzu called for an emergency cabinet meeting. However, the President's Office's Spokesperson Heena Waleed denied these reports. Additionally, the government proposed an amendment to the Judicature Act to reduce the Supreme Court bench from seven to five justices, a move perceived by some as an attempt to influence the court's composition during the proceedings.
Shortly after the court scheduled hearings, the Judicial Service Commission (JSC) suspended three Supreme Court justices—Dr. Azmiralda Zahir, Mahaz Ali Zahir, and Husnu Al Suood—citing allegations of corruption. Suood later resigned in protest, alleging intimidation and influence exerted by President Muizzu and Attorney General Ahmed Usham.
The United Nations has requested the Maldivian government to respond to the suspension of the justices, expressing concerns over judicial independence. Human Rights Watch has also called for the immediate reinstatement of the suspended justices, highlighting the potential undermining of the judiciary's independence.
The case has significant implications for the separation of powers and the independence of the judiciary in the Maldives. The outcome may influence the balance between the legislative and judicial branches and set a precedent for future constitutional amendments and their judicial review.
