Maldives enacts Sixth Amendment introducing anti-defection law

The Maldives has enacted the Sixth Amendment to its Constitution, introducing an anti-defection law for members of parliament (MPs). The amendment, passed 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. The amendment has been met with criticism from the Maldivian public and non-governmental organizations (NGOs).

Legislative Process

The bill was sponsored by Mohamed Shahid, a member of the ruling People's National Congress (PNC). It was passed with an overwhelming majority of 78–13 and was signed into law by President Mohamed Muizzu on the same day.

Amendment Provisions

• Article 73(e): Introduces provisions for the loss of parliamentary seats if MPs defect from their political party, join another party after being elected as an independent candidate, or are expelled from their party.
• Article 262(b): Requires a public referendum to confirm popular support for laws that change the country's territory or for constitutional amendments passed by the parliament.
• Articles 3(a) and 3(b): Stipulate that any modification of the territory of the Maldives must be enacted through a law passed by three-fourths of all members of the parliament.

Criticism and Legal Challenges

The amendment has faced criticism for potentially undermining democratic principles and the independence of MPs. Lawyer and former MP Ali Hussain filed a case with the Supreme Court challenging the constitutionality of the amendment, arguing that it violates multiple articles of the Constitution. The case is currently ongoing.

Implications

The enactment of the Sixth Amendment has significant implications for the political landscape of the Maldives, potentially affecting party dynamics and the autonomy of elected representatives. The ongoing legal challenge may further influence the interpretation and application of the amendment.