The main opposition Maldivian Democratic Party accused President Dr Mohamed Muizzu of attempting to “threaten and subvert the country's highest judicial authority” as the Supreme Court considers a legal challenge to anti-defection rules inserted into the constitution.

A bill proposed by a ruling People’s National Congress lawmaker to reduce the Supreme Court bench from seven to five justices, the sudden replacement of the president’s representative on the judicial watchdog, and alleged instructions for PNC MPs to submit complaints against justices “represent a blatant attempt to undermine judicial independence and consolidate power,” the MDP contended.

But most PNC MPs were opposed to impeaching Supreme Court justices, according to media reports about a parliamentary group meeting on Monday afternoon. Only five PNC MPs, including Majority Leader Ibrahim Falah and Baarah MP Ibrahim Shuja, the deputy parliamentary group leader, spoke in favour.

"Falah worked very hard to convince members that this bill needs to be passed. However, almost all members who spoke were against it," an anonymous PNC MP told Dhauru. Unnamed PNC MPs corroborated the information to other media. Citing anonymous lawmakers, Sun and Adhadhu listed MPs who voiced opposition: 

But close to midnight, news broke about instructions from the majority leader for PNC MPs to vote in favour of the bill. The PNC leadership has endorsed the legislation, Falah reportedly wrote on a WhatsApp group. 

Preliminary debate on the bill is on the agenda for today’s sitting of parliament. 

According to the amendments proposed to the Judicature Act by PNC MP for Holhudhoo Abdul Sattar Mohamed and introduced to the floor on Monday morning, the Judicial Service Commission must recommend the dismissal of two Supreme Court justices within five days of ratification, after which parliament must make a decision within seven days. 

The proposed law grants the discretion for the JSC and parliament to expedite procedures and streamline legally mandated periods to comply with the 12-day timeframe. The dismissed justices would also be entitled to benefits and privileges, a separate clause stated.

The second clause of the bill restates the constitutional provision on impeachment: a judge can be removed if the JSC finds that he or she is grossly incompetent or guilty of gross misconduct. A resolution submitted to the effect must be approved by a two-thirds majority of MPs present and voting.

The PNC has a supermajority of 75 seats in the 93-member house. 

The JSC is a 10-member oversight body tasked with investigating complaints and taking disciplinary action against judges. The watchdog is composed of three representatives each from the executive, legislature and judiciary along with a lawyer elected to represent the legal profession.

On Sunday, President Muizzu replaced his JSC representative Mohamed Sameer, a lawyer, with Yazmeed Mohamed, a PNC candidate in last year’s parliamentary elections and a former member of the Anti-Corruption Commission.

“The timing and nature of this appointment is deeply concerning especially as Yazmeed has no experience in the legal field, and appears downright unqualified for this crucial role,” the MDP said. 

The minority opposition Democrats echoed the MDP’s condemnation, calling the proposed bench reduction “a clear attempt to erode judicial autonomy, thereby weakening our constitutionally guaranteed checks and balances.”

MP Sattar’s bill “contradicts the government's previous explicit assurances that they would not alter the Supreme Court's composition,” the party said, referring to remarks by Attorney General Ahmed Usham. “The timing is also particularly concerning, as it coincides with the court's deliberation of a critical constitutional amendment case.”

History would repeat itself if the PNC supermajority does fall in line. The bill’s passage would mirror parliament’s reduction of the Supreme Court bench and removal of two justices in December 2014.