The Supreme Court on Wednesday accepted a constitutional case seeking to quash recent amendments to Article 73 of the Constitution, which mandate the loss of parliamentary seats for MPs who defect, are expelled, or join another party mid-term.
The opposition Maldivian Democratic Party (MDP) and Democrats announced their intention to join the case, amplifying opposition to the controversial changes enacted by the administration of President Mohamed Muizzu last week.
The amendment has drawn significant criticism, with opponents alleging it centralises power and undermines democratic principles. The legislation’s swift passage through the People’s Majlis—taking less than 24 hours—faced public protests and condemnation from political parties and civil society organisations.
The petition challenging the amendment was filed by former MP and lawyer Ali Hussain on Sunday. He argues the changes violate several constitutional provisions, including Articles 4, 5, and 8, which establish that all state powers derive from citizens, legislative authority resides with the People’s Majlis, and all powers must adhere to the Constitution.
Ali Hussain also contends the amendment contravenes Articles 26, 75, and 90, which protect the rights of citizens to run for office, require MPs to act in the national interest, and guarantee parliamentary immunity.
In his petition, he urged the Supreme Court to declare the amendment invalid or, alternatively, to rule that the changes not apply to current MPs elected before its enactment.
Critics claim the amendment disrupts the separation of powers within the presidential system and could erode legislative independence. The rushed legislative process has further fuelled discontent, with the MDP branding it a dangerous precedent for constitutional amendments.
