Former Kendhoo MP and lawyer Ali Hussain has argued that the Sixth Amendment to the Constitution was not brought in accordance with the prescribed procedure.
Speaking at today’s Supreme Court hearing on the amendment, Ali Hussain said the amendment—passed to disqualify MPs who switch parties or are expelled—was rushed through Parliament without due consultation.
He noted that while Parliament appeared to have followed Chapter 12 of the Constitution, the process lacked the necessary time for deliberation. “If you propose an amendment, conduct all three readings, and pass it within about nine hours, there is no room to say that procedures were properly followed,” he stated.
Ali Hussain further argued that the independence of MPs is a fundamental feature of a presidential system and that the Supreme Court should review the case as the amendment threatens this principle.
However, state lawyers maintained that the amendment was passed in full compliance with constitutional procedures.
The amendment, which strips MPs of their seats upon switching parties, was passed by Parliament on November 20 last year and ratified by President Dr. Mohamed Muizzu the same day.
The Supreme Court is hearing the case with a full bench, presided over by Chief Justice Dr. Muthasim Adnan, along with Justices Azmiralda Zahir, Aisha Shujoon Mohamed, Mahaz Ali Zahir, Husnu Al Suood, Ali Rasheed Hussain, and Dr. Mohamed Ibrahim.
Speaking at today’s Supreme Court hearing on the amendment, Ali Hussain said the amendment—passed to disqualify MPs who switch parties or are expelled—was rushed through Parliament without due consultation.
He noted that while Parliament appeared to have followed Chapter 12 of the Constitution, the process lacked the necessary time for deliberation. “If you propose an amendment, conduct all three readings, and pass it within about nine hours, there is no room to say that procedures were properly followed,” he stated.
Ali Hussain further argued that the independence of MPs is a fundamental feature of a presidential system and that the Supreme Court should review the case as the amendment threatens this principle.
However, state lawyers maintained that the amendment was passed in full compliance with constitutional procedures.
The amendment, which strips MPs of their seats upon switching parties, was passed by Parliament on November 20 last year and ratified by President Dr. Mohamed Muizzu the same day.
The Supreme Court is hearing the case with a full bench, presided over by Chief Justice Dr. Muthasim Adnan, along with Justices Azmiralda Zahir, Aisha Shujoon Mohamed, Mahaz Ali Zahir, Husnu Al Suood, Ali Rasheed Hussain, and Dr. Mohamed Ibrahim.
