Supreme Court Rules Anti-Defection Law Applies to Sitting MPs
The Supreme Court of Maldives has ruled that the constitutional amendment requiring Members of Parliament to vacate their seats upon leaving or being expelled from their political party applies to sitting members of the current Parliament.
The decision clarifies that the provision, introduced under the Sixth Amendment to the Constitution, is enforceable for members of the 20th People’s Majlis.
Challenge to Amendment Dismissed
The case was brought before the court by former Kendhoo MP Ali Hussain, who argued that the amendment undermined the basic structure of the Constitution and should not apply to those already elected.
He sought a ruling declaring the provision unconstitutional, particularly its application to current MPs. However, the court rejected the challenge.
Court Says Law Is Not Retroactive
Delivering the judgment, Chief Justice Abdul Ghanee Mohamed, who led a full bench of seven justices, said the amendment does not constitute retroactive legislation.
The court explained that the law applies only to actions taken after its ratification, rather than to the circumstances under which MPs were originally elected.
The key factor, the court noted, is the timing of a member’s decision to leave, join, or be removed from a party—not the date of their election.
Clear Conditions for Losing a Seat
Under the ruling, MPs will lose their seats if any of the following occur after the amendment came into force:
- An independent MP joins a political party
- A member switches from the party under which they were elected
- A member resigns from their party
- A member is expelled by their party
However, MPs who had already left their parties prior to the amendment’s ratification will not be affected.
Amendment Passed in 2024
The Sixth Amendment was passed by Parliament on November 20, 2024, and ratified the same day by President Mohamed Muizzu.
The court noted that laws aimed at addressing specific governance issues can apply to ongoing situations, provided they regulate future actions.
Broader Constitutional Changes
In addition to the anti-defection provision, the amendment introduced two other key reforms:
- Any presence of foreign military personnel in the Maldives now requires approval from a majority of Parliament
- Changes affecting the country’s Exclusive Economic Zone (EEZ) must be approved through a public referendum
It also reinforced that any future constitutional provisions requiring referendums must themselves be subject to public approval.
Legal Clarity for Parliament
The ruling is expected to have significant implications for parliamentary dynamics, particularly in relation to party discipline and political alignment.
By confirming that the amendment applies to current MPs, the court has effectively tightened restrictions on party switching during a parliamentary term.
