Wed, 23 Apr 2025

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DHIVEHI

Supreme Court proceeds with Anti-Defection Act case

18 Feb 2025

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Adha Nashid

Photo: Atoll Times

The Supreme Court proceedings are underway on a plea challenging a constitutional amendment (Anti-Defection) that allows Members of Parliament to lose their seats if they defect, are expelled from their party, or if they were elected as independents and subsequently join a political party.

The petition was filed by Ali Hussain, a former Member of Parliament from the Kendhoo constituency, who seeks to overturn the provision.

As hearings commenced yesterday, the state raised a procedural objection, arguing that the Supreme Court does not have the jurisdiction to address the matter. According to the state's position, if an amendment is legally passed by Parliament without procedural irregularities, it cannot be subject to review by the Supreme Court.

The Attorney General's Office, representing the state, contends that the court's jurisdiction is limited to constitutional matters related to interpretation, as well as reviewing laws, rules, or state agency decisions that may violate the Constitution.

During today's proceedings, the full bench of the Supreme Court took note of the procedural objection and decided to address it alongside the main issue. Following this, the state sought clarification on whether the judges could be informed about the objection beforehand. However, the judges have not yet ruled on this request.

Both parties continue to present their legal arguments as the hearings progress. The Supreme Court judges are actively engaging in questioning both sides on the legal and constitutional implications of the amendment.

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