An opposition aligned member of the parliament on Wednesday has said the bills approved by parliament on Tuesday may not get ratification from president Abdulla Yameen Abdul Gayoom.
Both the anti-defection law and amendments to judges act were approved by an all pro-government presence in the parliament on Tuesday. Judges Act amendment was approved with 38 votes while the anti-defection law was approved with 36 votes in favor.
President Abdulla Yameen had not officially made announcement of ratifying both bills so far.
The Maldives Democratic Party (MDP) affiliated lawmaker Mariya Didi said that while the parliament had rubber-stamped both bills through regime-loyalist members it violates the existing Constitution. She speculated the president would not move ahead in ratifying the bills due to this.
The opposition has requested from Maldives top-court to repeal the two bills because it violates the Maldives Constitution and several legal procedures while many of the articles present on the bills contradicted the constitution itself, according to Maldives Democratic Party's (MDP) parliamentary group leader Ibrahim Mohamed Solih.
"We acknowledge the fast pace at which the apex court operates, the Election Commission presented case as well as the prosecutor general presented case and even the case of determining the legitimacy of the state of emergency extension, were concluded efficiently and fast," the main opposition party's PG leader noted.
He had also added the opposition is hopeful the Maldives apex court would conclude their case without ado.
The amendment said a judge convicted of a criminal offence would be removed with immediate effect after the sentence. The amendment was also designed to bypass the constitutional article on removal of judges arguing that it does not relate to the conduct of judges.
The amendment said the judicial service commission (JSC) must suspend the judge with pay following his or her arrest. However, once the judge is formally charged he or she would cease to receive pay while he or she would be immediately removed from office if convicted.
The ruling party in its amendment has also limited the time for appeal. A convicted judge must file the first appeal within 10 days while first appellate court is given 30 days to arrive at a sentence. The same time frame has been afforded to the Supreme Court as the last stage of appeal.
"The reason for proposing such an amendment is to ensure such an incident does not occur and those responsible are held properly accountable for their actions," Abdul-Raheem said adding, "while the top court judges were in association of former presidents and others to overthrow the government we cannot take legal action against them under the current law."
The draft law on anti-defection was submitted in the wake of a top court stay order the relevant institutions to hold off on the reinstatement of a dozen opposition lawmakers disqualified over an earlier anti-defection ruling.
The island nation has been embroiled in fresh political turmoil after the Supreme Court on February 1 ordered the immediate release of jailed political leaders including self-exiled former president Mohamed Nasheed.
The court had also annulled its anti-defection ruling and ordered the country's electoral watchdog to re-instate the dozen rebel government lawmakers disqualified over the ruling. The Supreme Court said the anti-defection ruling was issued as a temporary solution to the constitutional dispute case filed by the state but insisted that the relevant authorities have failed to bring to effect an anti-defection law specified in the ruling.
After the government controlled parliament earlier Monday voted to accept the draft law, the parliamentary committee had revised it to make it effective from July 13, 2017 - the same day the top court had issued its original anti-defection ruling.
According to the draft law, lawmakers elected on party tickets would lose their respective seats if they quit, change or are dismissed from the party. However, the law would not apply to independent members if they sign for a particular party.
The law also does not apply to lawmakers for violating party whip-lines or are penalized by a party for disciplinary violations.
