The Supreme Court has upheld the constitutionality of the recent amendment to the Constitution, which mandates that a Member of Parliament will lose their seat if they defect from or are expelled from the political party they represented during their election. In its judgment on the constitutional challenge—which argued that the amendment was unconstitutional—the Court ruled that the Parliament possesses the legal authority to amend the Constitution and that such provisions do not conflict with democratic principles.
Under the amendment, which came into effect last November, an MP will vacate their seat in circumstances involving voluntary resignation from their party, expulsion by the party, switching to another party, or an independent member joining a political party. The majority ruling by the five-judge bench noted that anti-defection principles are constitutionally valid and are practiced in various other democratic jurisdictions worldwide.
This landmark decision is expected to bring significant stability to the Maldivian political system and put an end to the unethical culture of political “horse-trading.” The ruling party and many members of the public view this as a crucial step toward respecting the people’s mandate and curbing corruption within the legislature.
