The Parliament has passed an amendment to the Judicature Act, seeking to reduce the composition of the Supreme Court from seven to five justices. This legislative change, according to the bill, seeks to align the judiciary more closely with the nation's constitutional principles and ensure it serves the best interests of the people.
As the highest judicial authority in the Maldives, the Supreme Court wields considerable influence over the nation's legal framework. The amendment bill, introduced by Abdul Sattar Mohamed, the representative for Holhudhoo, garnered robust support during Wednesday's parliamentary session, with 68 lawmakers endorsing the proposal through a roll call vote. Speaker of Parliament Abdul Raheem Abdulla explained that the roll call vote was necessitated by a technical issue with the electronic voting system.
MP Mohamed articulated in the bill that it aims to reflect the deliberations of the earlier Constitutional Assembly. According to the bill, a five-member Supreme Court, as practised during the transitional period following the current Constitution's enactment, would better achieve these objectives.
The composition of the Supreme Court has fluctuated over the years. Initially, the bench comprised five justices. This number increased to seven upon the establishment of the permanent Supreme Court in 2010. The count was reduced back to five in 2014 under former President Abdulla Yameen's administration, only to be increased to seven again during former President Ibrahim Mohamed Solih's tenure.
The newly passed amendment mandates that the Supreme Court bench consist of five justices, including the Chief Justice. Additionally, the Judicial Services Commission (JSC) is now tasked with recommending the removal of any justice deemed unfit for their role, with such recommendations submitted to parliament. A two-thirds majority vote in parliament is required to remove a justice.
According to the amendment, the JSC must propose the names of the justices it seeks to dismiss within five days of the bill's ratification. Parliament is then required to reach a decision on the removal within seven days of receiving the proposal. The remaining justices will continue in their positions.
This legislative process, according to the bill, is comprehensive, including weekends and public holidays. The bill also gives the JSC and parliament the authority to exempt specific dates and technicalities mandated by laws and guidelines to ensure proper implementation.
The current Supreme Court bench comprises Chief Justice Ahmed Muthasim Adnan, Justice Dr Azmiralda Zahir, Justice Aisha Shujune Muhammad, Justice Mahaz Ali Zahir, Justice Husnu Al Suood, Justice Ali Rasheed Hussain, and Justice Dr Mohamed Ibrahim.
The passage of the amendment bill coincides with the suspension of Justice Dr Azmiralda Zahir, Justice Mahaz Ali Zahir, and Justice Husnu Al Suood by the JSC, citing an ongoing criminal investigation by the Anti-Corruption Commission (ACC).