Parliamentary Committee Drops Recall Vote Clause from Constitutional Amendment

The Committee of the Whole House has removed a key government-backed proposal that sought to introduce a recall mechanism allowing voters to decide whether Members of Parliament (MPs) expelled from their political parties should retain their seats.

The amendment—submitted by Baarashu MP Ibrahim Shujau on behalf of the government—proposed that if an MP is dismissed from the party under which they were elected, a constituency referendum would determine whether they should remain in office. A majority vote in favour of removal would result in the MP losing their seat, while a vote to retain them would allow the member to continue serving as an independent.

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During yesterday’s committee session, Funadhoo MP Mohamed Mamdhooh moved to omit the contentious clause. His proposal passed with the support of 50 MPs, including Shujau himself, while 10 voted against and two abstained.

Under the current Constitution, Article 73 stipulates that MPs automatically forfeit their seats if expelled from the party they represented at the time of election. Parliament—then controlled by the ruling party—reinforced this rule last year through an amendment mandating immediate removal.

Debate surrounding the latest amendment exposed divisions within the ruling PNC, with members split on whether to support the government’s plan to shift the power of removal from political parties to voters.

Although the recall clause was discarded, another component of the constitutional amendment package progressed. The Committee of the Whole House endorsed provisions to abolish Atoll councils and reduce the number of councillors nationwide. That section of the bill was approved by 52 votes to 10 and will now be forwarded to the parliamentary floor for further debate.

The controversy over Article 73 has also played out in the courts. Former Kendhoo MP Ali Hussain filed a case at the Supreme Court seeking to nullify the constitutional provision, prompting significant upheaval within the judiciary. While the case was pending, the Judicial Service Commission suspended three Supreme Court justices ahead of scheduled hearings.

In May, Justices Dr Azmiralda Zahir and Mahaz Ali Zahir were removed from office following an investigation, while the third suspended justice, Husnu Sood, resigned shortly afterwards. Although new justices have since been appointed to the bench, the case remains unresolved.