New Delhi: The Judicial Service Commission (JSC) of Maldives suspended three Supreme Court judge Wednesday, barely an hour before a critical hearing on a case challenging constitutional amendments that strengthen governmental control over the judiciary.
Before the 11 am hearing, the Maldivian parliament passed the government-backed amendment to the Judicature Act to downsize the Supreme Court bench from seven to five judge, according to local media reports. The Supreme Court later suspended the hearing.
The three judges—Husnu Al-Suood, Dr Azmiralda Zahir, and Mahaz Ali Zahir—were to hear the suspension of controversial anti-defection clauses added to the Maldivian constitution in November 2024.
The government-backed amendment was submitted by Holhudhoo MP Abdul Sattar Mohamed, a member of the ruling Muizzu-led People’s National Congress (PNC), which holds a supermajority in the legislature. The ruling party has 73 of 93 seats in parliament while the opposition Maldivian Democratic Party has 12 seats in the parliament.
The bill was passed with 68 votes in favour and nine against.
The ongoing case before the Supreme Court challenges the legality of the anti-defection clauses, arguing that they violate core provisions of the constitution.
The Opposition has condemned the timing of the JSC suspensions and the proposed amendments as a direct attempt to influence the judiciary and stifle checks on executive power.
The Supreme Court had on 19 February agreed to hear a constitutional challenge against the anti-defection clauses added to the constitution, postponing a decision on the state’s preliminary objections. After deliberations, the full bench decided to proceed with the case.
Chief Justice Muthasim Adnan announced that the judges’ positions on the procedural objections will be considered when making the final ruling.
The court rejected the motion for a ruling on jurisdictional questions and granted the state 10 days to respond to the petitioner’s main argument. The case revolves around controversial constitutional amendments made in under nine hours on November 20. The new clauses stipulate that Members of Parliament elected on a party ticket will lose their seat if they switch parties, resign, or are expelled from their party. Independent members will also be disqualified if they join a political party, Maldives Independent reported.
These amendments have been criticized for concentrating powers within the presidency while restricting Members of Parliament from switching political parties.
Opposition leaders had previously criticized the move, and local rights groups, including the anti-corruption NGO Transparency Maldives, had raised concerns over the lack of transparency in the unprecedented amendment process, insufficient procedural safeguards, and the potential erosion of fundamental democratic principles.
This legal challenge marks the first time the Supreme Court of Maldives has been asked to strike down constitutional amendments on the grounds of being unconstitutional.
Meanwhile, the suspension of judges Wednesday mirrors past political crises in the Maldives, particularly the 2018 crackdown by former President Abdulla Yameen, who arrested Supreme Court judges after they passed rulings against his government.
With three judges removed now, the court’s ability to deliver an impartial verdict is severely compromised.
The Opposition denounced the introduction of the bill to amend the Judicature Act while the case was still ongoing, accusing the government of attempting to influence and intimidate the judiciary.
source : the print