Public vote required to dismiss MPs now: former AG

According to the former Attorney General Dr. Ahmed Abdulla Didi, removal of parliament members must be achieved through public voting.

The parliament on Wednesday submitted key amendments to the Maldives Constitution, which included introducing anti-defection clauses. The bill was passed at the legislative body during Wednesday’s sitting and subsequently received ratification from President Dr. Mohamed Muizzu on the same day.

According to the former AG, the inclusion of anti-defection clauses in the Constitution strips the rights of the citizens prescribed in Article 4. He said the anti-defection clauses remove the citizens’ powers and their authority.

Describing this as an infringement of the fundamental rights of the citizens, and calling it unconstitutional the former AG said such changes are unacceptable.

He further said the introduction of anti-defection in a multi-party democratic system was not welcomed in other democratic states. While highlighting anti-defection is primarily applicable in parliamentary or semi-parliamentary states, Dr. Ahmed said the reason for this was to restrict loss of ruling party majority in such states.

Unlike the parliamentary system, Maldives has a presidential system, which the former AG noted while adding the government in such governance originates from the people, there is no constitutional link between the parliament majority and the existence of the government.

“With these anti-defection clauses enacted in the constitutional amendment, the parliament’s authority as a state power as prescribed by the Constitution has come to an end, and there is possibility the legislative body will become ‘dysfunctional’ in the future,” the former AG’s post on X read.

Dr. Ahmed further pointed out to the abrupt nature in which the amendment was passed and enacted, and noted such unconventional procedures were not traits of a maturing state.

“In passing the constitutional amendment at the parliament on Wednesday, the failure to adhere to the parliament’s best practice by producing the bill, debating on it, and passing it on the same day cannot be described as anything besides undue influence,” he added.

He urged to introduce ‘recall referendum’ to empower the citizens and to improve the Maldives sovereignty as a ‘direct democracy’.

People’s National Congress (PNC), the ruling party and which holds parliament super-majority introduced the bill at Wednesday’s sitting, and was approved by the Whole House Committee during the afternoon, after which it was passed. The amendments include:

Adding subsection (e) to Article 73 specifying conditions for the removal of MPs who will lose their seat if they defect from the political party under whose ticket they were elected, or join a political party after being elected as an independent candidate, or voluntarily leave or are expelled from their political party while in office

Changes to Articles 3(a) and 3(b) establish that any modification to the Maldives territory must be enacted through a law passed by at least three-fourths of all parliament members

Article 115(e) expand the president’s powers, granting authority to determine key national policies, provide advice and guidance to state agencies, and formulate national development plans and strategic visions

Article 251 (c) now regulates the use of Maldivian territory for military purposes by non-nationals, which must be allowed only through agreements or arrangements approved by a parliamentary majority, with the exception of military exercises conducted under contractual terms

Due to the abrupt steps taken by the ruling party in passing the amendment, several people have raised concerns about the move including opposition Maldivian Democratic Party (MDP).

MDP alleged the amendments contravened the fundamentals of the Constitution while the former Attorney General Dhiyana Saeed called to challenge it at the Supreme Court.

Former President Maumoon Abdul Gayoom also questioned if the bills passing at Wednesday’s sitting was done at record speed or not.

President Muizzu however, claimed these changes were crucial in protecting the Maldives’ independence, sovereignty, and stability. He also thanked the parliamentarians for their prompt action in passing the bill.

Dr. Ahmed Abdulla Didi was appointed as the Maldives Attorney General in 2018 by former President Abdulla Yameen Abdul Gayoom. Prior to this, he was a sitting Supreme Court Justice from 2010 until June 27, 2018 before he was appointed as the Attorney General.