Ex-AG calls to challenge Constitutional amendment

According to the former Attorney General Fathimath Dhiyana Saeed, the constitutional amendments passed by the parliament on Wednesday strips the rights of the citizens.

She called to challenge this change through a judicial review.

The parliament on Wednesday passed the sixth amendment to the Maldives Constitution, which introduces anti-defection clauses barring sitting MPs from switching their political parties under whose ticket they were elected to their respective constituencies.

Additionally, the amendments also amend clauses regarding the decisions made about the Maldives territory and the presence of foreign military, both which mandates parliamentary approval.

As per the Constitution, any constitutional amendments require a minimum of three-fourths of the parliament majority for approval; which at the 20^th Parliament is an approval vote from 70 members.

With the ruling People’s National Congress (PNC) holding super-majority of the current parliament, the amendment bill was approved at Wednesday’s sitting with a total of 78 votes.

Shortly after, President Dr. Mohamed Muizzu ratified the sixth amendment to the Constitution, which has now come to effect.

In response to the abrupt move, Dhiyana said the constitution must not be subject knee-jerk decisions without proper procedure. She said the changes approved at the parliament both infringed and narrowed the rights of the citizens.

“I call for the Bar Council of the Maldives to challenge this at court, and to ensure maintaining rule of law,” she said.

She further noted the issues that could be highlighted in a judicial review, which are:

1 – The parliament standing orders stipulate for the submission of bills for constitutional amendments, and these bills require adequate time between debate and review

2 – Article 2 of the Constitution confirms the Republic of Maldives is a democratic state

3 – Article 4 of the Constitution confirms that all the powers of the state are derived from, and remain with, the citizens

4 – Article 27 guarantees freedom of expression, and guaranteeing this right is a responsibility of the State. Failure to, or limiting this right is unconstitutional.

5 – The constitution is the primary legal framework governing all aspects of the citizens and the protection of their rights and liberties, any changes made to the constitution without the citizens’ approval is unconstitutional and unacceptable.