The Supreme Court has scheduled a hearing in the constitutional case seeking to invalidate the sixth Amendment to the Constitution of the Republic of Maldives, which was passed in violation of the Constitution.

The case to invalidate the amendment to the Constitution, which was passed in mid-November 2024 and results in the loss of membership even if members of parliament cross the floor or are expelled from their party, was submitted to the Supreme Court by former MP for Kendhoo constituency and lawyer Ali Hussain.

The hearing is scheduled for 17 February 2025.

The Maldivian Democratic Party (MDP), the largest opposition party in the country, and The Democrats have also intervened in the case filed by Ali Hussain.

Such a case has been filed at a time the public, members, and legal experts are expressing great concern regarding the constitutional amendment. The bill passed by the People’s Majlis in November 2024 was ratified by President Dr. Mohamed Muizzu the same day and was published in the government gazette.

After filing the case, Ali Hussain stated that the amendment causing loss of seats due to party switching was brought to the constitution in violation of Articles 4, 8, 26, 75, and 90 of the Constitution. He also said that this change was made directly against the framework of the Constitution.

The amendment that causes members of parliament to lose their seats when expelled from or changing their political party was proposed to the People's Majlis by President Muizzu's government on 20 November 2024.

The amendment was passed by sending it to the Committee of the Whole House, contrary to the usual procedure, without even giving an opportunity for debate, on the same day. On the day the amendment was passed, President Dr. Mohamed Muizzu ratified it and it came into effect.

The bill was passed by the parliament on the evening of 20 November 2024 with the votes of 78 government members. 13 members voted against the bill.

The amendment that causes members to lose their seats when leaving or being expelled from a party is the seventh amendment to the "Green Constitution" that came into effect in 2007.

The constitutional amendment states that if a member elected to parliament on behalf of a specific political party voluntarily leaves the party they represent, or is expelled from that political party's membership as per the law, or becomes a member of a political party other than the one they represent during their elected term in the People's Majlis, that person will be removed from their membership in the People's Majlis. It also states that if a member elected as an independent candidate joins a political party during their elected term, they will lose their membership.

In a statement announcing their intervention in the case, the Democrats earlier said that while they principally support anti-defection or the loss of a parliamentary seat when a member changes parties, the sixth Amendment to the Constitution of the Republic of Maldives which was hastily passed within about four hours after being submitted to the People's Majlis by the government, undermines the power and purpose of the People's Majlis.

They also stated that it goes against numerous concepts of the Constitution and especially violates the basic structure doctrine which protects the fundamental features and framework of the Constitution. Therefore, the Democrats have decided to intervene in the constitutional case submitted to the Supreme Court of Maldives by Ali Hussain seeking to invalidate the law.

The Democrats noted that in addition to these three reasons, and the fact that the possibility of a political party being able to remove a member's seat was not an open option when members were elected for the current term of the People's Majlis, and that this amendment also lacks a clear statement regarding the current term's MPs leaving room for general interpretation, as well as several other issues that conflict with and alter the basic features and structure of the Constitution, their legal team is working on the necessary steps to intervene in the constitutional case now submitted to the Supreme Court regarding the matter.