The Supreme Court of Maldives has decided that State of Emergency was approved accordingly by the Parliament.
The Parliament of Maldives requested the Supreme Court to issue the opinion in relation to questions raised regarding the quorum necessary when it convened at its Second Special Session on 20 February, to approve and extend the declaration of a State of Emergency issued on February 5 and its subsequent amendments. The Parliament is empowered to seek such advisory opinions by Article 95 of the Constitution of Maldives.
In the Advisory Opinion issued, the Supreme Court decided the Parliamentary quorum needed at the sitting in question was 25 percent of the total membership of Parliament, as per Article 86 of the Constitution, though Article 87(b) creates an exception to this rule for matters requiring compliance by citizens, the Supreme Court decided that Article 87(b) did not apply.
The Supreme Court decided the question raised, in light of Section 38 of the Parliamentary Rules of Procedure, which elaborates on Article 87 (b) and defines matters requiring compliance by the citizens when, voting on a Bill that obliges the citizens to obey in a certain manner; Voting on a Bill that imposes the citizens to act upon in a particular manner or not; Voting on a Bill that requires citizens to spend any money; Voting on a Bill that imposes taxes on citizens; Voting on a Bill that holds a citizen liable depending on the commission of an act or not; or when Voting on a Bill regarding personal liability of citizens.
Hence, the Supreme Court reaffirmed that Article 87(b) of the Constitution was not applicable, and that it is not constitutionally necessary for more than half of the total membership of the Parliament to be present at the sitting.
Therefore, the Supreme Court ruled the Quorum stated in Article 86 of the Constitution was met during the Special Session of the Parliament, the Decision made on the Special Session held on February 20, assenting the Decree declaring State of Emergency and extending the Decree by 30 days was valid.