The Democrats’ President, Imthiyaz Fahmy has asserted that only Parliament has the authority to amend the Constitution, following a legal dispute over the constitutional amendment mandating MPs to lose their seats if they switch parties or are expelled.
The Democrats’ President, Imthiyaz Fahmy (Inthi), has said that only Parliament has the authority to amend the Constitution.
His comments come after the Attorney General’s Office told the Supreme Court that it does not have jurisdiction to hear a petition challenging the amendment, which mandates MPs to lose their seats if they switch parties or are expelled.
In a post on X, Imthiyaz referred to the U.S. Constitution’s 18th Amendment, which banned alcohol, noting that despite opposition, it remained in effect until repealed by another constitutional amendment.
"This means that only the legislative power has the authority to make and amend the Constitution," he said.
However, not all members of The Democrats share this view. While the party has officially opposed the amendment and supports legal efforts to overturn it, they did not attend the Supreme Court hearing yesterday.
Some party members said that a previous decision under former party president Hassan Latheef to intervene in the case remains unchanged.
At the hearing, the Supreme Court bench announced that only the opposition Maldivian Democratic Party (MDP) had intervened in the case.
Attorney General’s Office legal counsel Fathimath Haleem said that constitutional amendments should not be treated as laws and that the Supreme Court lacks jurisdiction over such cases.
She said that amendments follow a special legislative process and cannot be categorized as laws, warning of procedural issues if they were treated as such.
When Supreme Court Justice Aisha Shujoon asked which court would have jurisdiction over constitutional amendment cases, Fathimath responded that she did not believe any court could rule on amendments passed in accordance with legislative procedures.
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