The Supreme Court has ruled that it has jurisdiction to hear a case challenging the anti-defection constitutional amendment aimed at preventing members of the People’s Majlis from changing political parties.

The case was filed by former Kendhoo constituency MP Ali Hussain. In response, the Government raised a procedural objection, arguing that the Supreme Court does not have the authority to hear the matter.

During a hearing held on Wednesday to deliver the verdict on the case, Chief Justice Uz Abdul Ghanee Mohamed stated that, under the Constitution and the Judicature Act, the Supreme Court has the authority to hear constitutional matters. He explained that such matters include issues that may create a legal vacuum in the country, as well as constitutional questions linked to public interest.

The Chief Justice noted that, based on the criteria used to determine whether a case qualifies as a constitutional matter, the current case falls within the category of matters that the Supreme Court is empowered to hear.

The Government had argued that in reviewing constitutional amendments, the Court’s role is limited to assessing procedural validity rather than examining the substance of the amendment. It also maintained that the Court does not have the authority to review the substantive validity of constitutional amendments under any circumstances.

Addressing this argument, the Chief Justice stated that there is no constitutional or legal provision preventing the Supreme Court from considering questions related to the substantive validity of constitutional amendments. He added that interpreting a constitutional provision, or part of it, cannot be confined solely to procedural review.

Based on these considerations, the Supreme Court concluded that it has jurisdiction to hear the case concerning the anti-defection amendment.