Former MP and lawyer Ali Hussain has filed a petition with the Supreme Court seeking to invalidate the recent constitutional amendment to Article 73, which he alleges contravenes several provisions of the Constitution. The petition was submitted on Sunday.
The amendment, enacted last Wednesday by the administration of President Mohamed Muizzu, includes provisions mandating the loss of parliamentary seats for members who defect, are expelled from their parties, or join a party mid-term. The changes have drawn widespread criticism for their alleged centralisation of power and the rushed legislative process that led to their passage.
Ali Hussain argues the amendment conflicts with Articles 4, 5, and 8 of the Constitution, which establish that all state powers are derived from the citizens, legislative power rests with the People’s Majlis, and all state powers must be exercised in accordance with the Constitution.
In his petition, Ali Hussain also points to potential violations of Articles 26, 75, and 90. These articles protect the rights of citizens to run for office and participate in governance, require Majlis members to act in the national interest, and guarantee parliamentary immunity in their proceedings.
“The amendment disrupts the separation of powers inherent to the presidential system of governance,” the petition alleges, noting the potential erosion of legislative independence and the constitutional framework.
Ali Hussain has urged the Supreme Court to declare the amendment invalid. If the Court rules otherwise, he requests that the amendments not apply to current members of the 20th Parliament, as they were elected before the changes were enacted.
The amendment’s passage through the People’s Majlis was met with significant controversy. Critics, including the opposition Maldivian Democratic Party (MDP), condemned the expedited process, which saw the legislation introduced, debated, and approved in less than 24 hours. Public protests erupted outside Parliament during the vote, reflecting broader discontent over the changes.
The Supreme Court is yet to announce whether it will hear the case.
