Gov’t Proposes Amendment Linking Party Expulsion to Constituency Referendum
The bill is submitted by Baarashu MP Ibrahim Shujau on behalf of the government. | Photo: People’s Majlis
The government has submitted a proposal to the Parliament seeking to amend the constitutional clause that requires a Member of Parliament (MP) to forfeit their seat upon expulsion from their political party.
The amendment, submitted by Baarashu MP Ibrahim Shujau on behalf of the government, would allow constituents to decide whether an expelled MP from a political party should retain their seat through a referendum. The bill was introduced in today’s sitting.
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The new proposed amendment states that if a member is expelled from their political party and a majority of voters in the constituency support their removal, they will lose their seat in Parliament. However, if the public votes against their removal in a constituency referendum, the member will continue to serve in the People’s Majlis as an independent MP.
The ruling party MP stated that the purpose of the bill is to set procedures for removing a member of a political party if they are disqualified from parliament.
Under the existing Constitution, Article 73 states that MPs automatically lose their seats if they are dismissed from the party under which they were elected. Last year, Parliament—led by the ruling party—passed a constitutional amendment reinforcing this clause, ensuring that members expelled from their political parties must immediately forfeit their seats.
However, the revised clause has since been challenged. A case was filed with the Supreme Court by former Kendhoo MP Ali Hussain seeking to nullify the article, triggering significant developments within the judiciary. While the case was ongoing, the Judicial Service Commission suspended three Supreme Court justices ahead of scheduled hearings. In May this year, Justices Dr Azmiralda Zahir and Mahaz Ali Zahir were removed from their positions following an investigation, while the third suspended judge Husnu Sood resigned shortly afterwards.
Although new justices have since been appointed, the case remains pending before the Supreme Court. The government’s proposed amendment would introduce a new mechanism in which voters, rather than political parties or automatic constitutional provisions, determine whether an expelled MP continues to serve.
