The Parliament’s vote this Tuesday - which declared Supreme Court’s ruling that any decision by a State institution against the stay order on the suspension of Supreme Court Justice Abdulla Didi as invalid, as an unconstitutional ruling – was an unconstitutional move, says Department of Judicial Administration (DJA).
The Judicial Committee of the Parliament presented its report based on information collected by questioning members of the Judicial Service Commission (JSC) this Tuesday morning.
In the report, the committee recommended that the Parliament ascertain the legality of JSC’s decision to suspend Supreme Court Justice Abdulla Didi, and urge Supreme Court not to interfere in the work of other State institutions.
West Henveyru MP Hassan Latheef proposed making a revision to the report to add the recommendation that the Parliament declare the ruling issued by Supreme Court on Monday as unconstitutional.
The report, along with the revision, was passed with the majority vote of 64 parliamentarians this Tuesday afternoon.
DJA held a press conference shortly after the Parliament passed the report. When asked whether the Parliament had jurisdiction to make such a declaration, Chancellor of Judicial Academy, Ahmed Majid referred to Article 145 (c) of the Constitution, and to Article 266 of the Constitution.
Article 145 (c): Supreme Court’s decision regarding the interpretation of the Constitution and other judicial matters is the last and final word.
Article 266: All laws in Maldives must be made as stated in this Constitution. Everything made compulsory under this Constitution must be fulfilled. All laws and/or a clause of a law which violates this Constitution is null and void. Such a law or clause of a law will not have any legal power. Any act which violates this Constitution is null and void.
“An article of the Constitution clearly shows what the constitutional legal system is as envisioned by the Constitution. The two articles I mentioned clearly states how the branches of the State are separated as per the Constitution,” said Majid.
“Any action which violates an article of the Constitution, whoever the perpetrator may be, will be null and void,” he added.
Speaking separately to ‘Sun’, DJA said that the Parliament’s declaration was unconstitutional.
Judicial Committee, in its report which was passed by the Parliament this Tuesday, also recommended that the Parliament ascertain the legality of JSC’s decision to suspend Supreme Court Justice Abdulla Didi, and urge Supreme Court not to interfere in the work of other State institutions.