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No obstructions in amending the constitution: Supreme Court

The Supreme Court of the Maldives has stated there are no legal obstructions in amending the Constitution of the Maldives amid the State of Public Health Emergency.

The apex court made the statement after the Parliament of the Maldives submitted a request seeking the counsel of the court regarding the proposed amendment to the constitution to extend the current term of local councils until new councillors can be elected. While the current term of local councils is set to expire on June 3, the parliament has passed a special bill on local council elections, allowing the elections to be postponed until January 2021 due to the COVID-19 pandemic.

In response to the question from the parliament whether the constitution can be amended during a State of Public Health Emergency, the Supreme Court stated constitutional amendments are prohibited during a State of Emergency declared by the president under Clause 253 of the constitution. The court stated the current emergency is not the State of Emergency stated under this clause, and hence there are no legal obstructions in amending the constitution at this time.

Furthermore, the Supreme Court stated the only way to keep incumbent councillors in office until new elections is amending the constitution. However, the court stated the amendment must be brought to Clause 231 of the constitution, which states the process of electing councillors. The court stated local council terms cannot be extended through the Act on the Fifth Amendment to the Constitution, as proposed by the government. The court also advised to add an interim clause to the constitution to extend the term of incumbent councillors.

The Supreme Court counsel was signed by all five sitting judges at the court. The parliament has stated a decision will be made on the constitutional amendment based on the counsel from the Supreme Court.