The Supreme Court of Maldives has declared that a no confidence vote can be taken in parliament only with probable cause and that even if such a motion is passed, the Supreme Court would have the last word on the matter.
The ruling comes in the wake of an appeal by the state, requesting the Supreme Court to declare that no confidence motions cannot be passed by the parliament without probable cause. The appeal was filed with the intention of putting an end to the practice of submitting no confidence motions against members of the cabinet, solely for political purposes, without any probable cause.
In the appeal, the Attorney General's Office noted that in a presidential system of governance where the three powers of the state are separated, it is a duty of the president to appoint and dismiss cabinet ministers. The appeal said that although the parliament is mandated to endorse these appointments, the role of the parliament is to be a watchdog that monitors the other powers of the state.
Article 101, subsection (a) of the Maldivian Constitution states that a motion expressing want of confidence in a member of the Cabinet may be moved in the Parliament, under the hand of at least ten members, specifying the reasons.