PNC Proposes Reducing Supreme Court Judges in Courts Act Amendment

A proposed amendment to the Courts Act seeks to reduce the number of judges in the Supreme Court from seven to five. 

The amendment, introduced by ruling People’s National Congress (PNC) MP Abdul Sattar Mohamed, aims to alter the composition of the court. This bill was submitted independently by the MP.

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The amendment, which pertains to Article 5 of the Courts Act, suggests that the Supreme Court should comprise five judges, including the Chief Justice. Currently, the court consists of seven judges.

This development follows a recent statement by Attorney General Ahmed Usham, who had confirmed that no Supreme Court judges would be replaced. However, the Attorney General has encountered a legal challenge in the Supreme Court.

In November, the PNC’s parliamentary supermajority passed an amendment to the constitution stipulating that Members of Parliament (MPs) would lose their seats if they left or changed their political party. Former Kendhoo MP and lawyer Ali Hussain has since contested the amendment, arguing that it is unconstitutional. While the Attorney General maintained that the case should not be heard by the Supreme Court, the judges decided to allow the case to proceed to hearings.

The bill, which is set to have its first reading today, outlines several key provisions:

• The Supreme Court would be reduced to five judges, including the Chief Justice.
• Judges may only be removed from office if the Judicial Service Commission (JSC) determines their unfitness and refers the matter to Parliament, where a two-thirds majority of members present must approve the removal.
• The JSC must submit the names of any judges recommended for removal within five days of the law coming into effect.
• Parliament must act on these recommendations within seven days of receiving the names.
• State authorities are required to complete the necessary procedures within seven days following the judges’ dismissal.
• Judges not recommended for removal will remain in office.
• The allowances and privileges of dismissed judges will be determined by the JSC.

This proposed amendment is now subject to further parliamentary consideration.

PNC Calls for Resolutions to Remove Supreme Court Judges, but MPs Resist

The parliamentary group of the People’s National Congress (PNC) has called on its members to submit resolutions in parliament for the removal of Supreme Court judges. However, a majority of MPs have declined to proceed with the request.

The matter was discussed during a parliamentary group meeting held yesterday, attended by party leaders and vice-chairpersons of parliamentary committees. During the meeting, parliamentary group leader Ibrahim Falah proposed a resolution to review cases involving Supreme Court judges. However, no decision was reached, as many MPs opposed the proposal.

Some MPs suggested that the government intends to pass resolutions for the removal of judges before the Supreme Court delivers its ruling on a pending case concerning constitutional amendments. They also argued that resolutions should be submitted, and the Judicial Service Commission (JSC) should be requested to investigate the judges.

However, several MPs contended that parliamentary rules do not allow such action without the involvement of the JSC. They maintained that the JSC should conduct the necessary inquiries before the matter is considered by parliament.

The meeting concluded with an agreement to discuss the issue with President Mohamed Muizzu. However, this discussion did not take place as a cabinet meeting was ongoing at the time.

According to the constitution, a judge can only be removed if the JSC refers the case to parliament and a vote is taken in the House. MPs have been asked to submit the matter as a resolution in parliament while a case remains pending before the Supreme Court. The case challenges constitutional amendments that could result in MPs losing their seats if they leave or are dismissed from their elected parties.

The Attorney General has argued that the case cannot be heard in court, but Supreme Court judges have ruled otherwise. A full bench of seven Supreme Court judges is currently hearing the case, which was filed by lawyer and former parliamentarian Ali Hussain.

The opposition Maldivian Democratic Party (MDP) has accused the government of attempting to remove three Supreme Court judges and replace them with individuals holding political positions. Ali Hussain has sought an interim order to halt proceedings against the judges until a decision is reached in the case.