By P.K.Balachandran
Colombo, November 28: Maldivian President Mohamad Muizzu recently took a couple of critical steps to bring about stability in politics and in the handling of finances, as part of his efforts to reform and tone up the Maldivian system.
Recently, he got parliament to amend Article 73 of the Constitution, to make MPs lose their seats if they defected to another party or were expelled from their party. Previously, they were only expected to resign. But there was no word about what would happen if they refused to resign.
The Maldivian parliament also passed the State’s Debt Bill and the Fiscal Responsibility Bill, in line with the recommendations of the legislature’s Public Accounts Committee.
The proposed Fiscal Responsibility Bill seeks to ensure that all fiscal affairs of the State are conducted in a transparent and responsible manner, thereby ensuring fiscal discipline.
According to the website of Maldives Republic, the Fiscal Responsibility Bill aims to; prescribe the rules, objectives, and principles related to the sustainable, transparent, and responsible operation of the State’s fiscal system; prescribe the principles related to ensuring that the state’s fiscal policy is implemented in a sustainable manner to establish intergenerational equity; prescribe the principles related to the formulation and implementation of the State’s medium-term fiscal strategy; facilitate parliamentary scrutiny of the functioning of the fiscal policy of the State and prescribe the principles of the accountability of the government in relation to the fiscal affairs of the State.
Justifying these steps, President Muizzu saidL “These amendments are critical decisions made for the sake of the people in order to safeguard the country’s independence, sovereignty, development and stability. These decisions were made by the honourable members of the People’s Majlis with patriotic fervour and in the national interest.”
Opposition Goes to Court
The Maldives opposition cried foul as the Muizzu government amended the constitution to deter defections. It has moved the Supreme Court on the matter and the court agreed to hear the case.
On November 24, former member of parliament Ali Hussain petitioned the Supreme Court to strike down the anti-defection rules as unconstitutional. The amendments conflict with constitutional provisions on fundamental rights and the functions and privileges of lawmakers, the lawyer argued.
The MDP and The Democrats have since joined the case as third parties. The amendments erode constitutional supremacy, deprive the people of their right to elect representatives, and violate basic democratic principles and legislative precedents, the MDP declared.
Objections
According to The Diplomat, the anti-defection rules allow parties to enforce their “whip” with the threat of expulsion from the parliament seat.
The measures were also passed in a frightful hurry. On November 20, Muizzu’s People’s National Congress (PNC) used its 75-seat supermajority in the 93-member Majlis to insert the new provisions into the constitution.
As per the new conditions, MPs elected on a political party ticket will lose their seat upon switching parties or following their resignation or their expulsion from their party. Independent members will also forfeit their seat by joining a political party.
Equally importantly, a new clause was also proposed to grant the authority to formulate national development plans solely to the President.
The government-sponsored legislation was submitted late on November 19, taken up by parliament the following morning and pushed through in less than nine hours. President Muizzu ratified the bill on the same day.
Local rights groups led by anti-corruption NGO Transparency Maldives expressed grave concern over “a marked absence of transparency in the unprecedented amendment process, inadequate procedural safeguard mechanisms, and the potential erosion of fundamental democratic principles.”
The rights groups condemned “the lack of proper review, informed debate and public consultation in the rushed legislative process. “ They further said: “The anti-defection provisions undermine the foundational democratic principle of representative choice and constrain the political independence of parliamentarians.”
To avoid losing their seats, lawmakers would be compelled to vote as instructed by their parties regardless of personal objections or the interests of constituents, the joint statement explained.
“Such centralization of control would weaken internal party democracy and effectively subordinate the autonomy of elected representatives,” it added.
Rights activists also said that vesting the power to formulate national development policies solely with the President “undercuts the mandate of local councils to make development plans in close consultation with the public.”
Dilution of Devolution
“This consolidation of authority within the executive branch contradicts fundamental democratic principles regarding separation of powers and represents a significant departure from established decentralization laws and efforts put in place by several administrations that have been instrumental in the nation’s emerging democratic development,” the NGOs’ statement read.
The NGOs urged respect for democratic norms, “particularly when it involves changes to the nation’s supreme legal document.”
Debate on the constitutional amendments took place amid protests by supporters of the main opposition Maldivian Democratic Party (MDP) outside parliament.
Proposals by the MDP to conduct a consultation process and to hold public referendums on dismissing lawmakers were flatly rejected.
According to local media outlet Adhadhu, the sudden changes followed “rumours that some MPs from PNC were planning to leave the party after the High Court was petitioned to quash part of the Anti-Defection Act that requires MPs to resign for floor crossing.”
The Diplomat pointed out that the ruling PNC moved to dismiss five members from the Elections Commission and Anti-Corruption Commission, all of whom had been appointed during the preceding MDP government. Legal changes were also approved for the President to directly appoint the heads of both independent bodies.
However, there was a silver lining: The constitutional amendments included prior parliamentary approval for the use of Maldivian territory by foreign nationals for military purposes.
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