Top MDP parliamentarian Imthiyaz Fahmy (Inthi), on Wednesday, challenged a three-line whip issued by his party, stating that the situation in the country did not accommodate a constitutional amendment and that he would not vote in favor of the amendment even if the party asked him to.
The constitutional amendment in question was submitted to the Parliament on behalf of the government by Biledhdhoo MP Ahmed Haleem. It, coupled with a sunset law to postpone the local council elections as late as January 6 next year, is designed to remedy the legal vacuum the country will face once the term of its incumbent councilors expires on June 3.
While the sunset bill was passed in late April, opinion over the proposed constitutional amendment is divided.
Following this difference of opinion, the ruling MDP parliamentary group gathered for a vote on issuing a three-line whip to support the constitutional amendment on Tuesday. The decision passed with a majority vote of 41 out of 54 parliamentarians who attended the meeting.
Joining the debate of the amendment at the parliamentary sitting on Wednesday, Imthiyaz Fahmy said he would not vote against his convictions, even if his convictions went against the wishes of his party.
“Can we amend the Constitution in this situation? Does the Constitution allow this? Is this in line with the spirit of the Constitution? At a time when questions are being posed over whether it is indeed against, I will act on my convictions. Not as a party tells me to. And not as the government tells me to,” he said.
Imthiyaz Fahmy said the coronavirus outbreak crisis meant the Parliament could not hold extensive discussions among the people regarding the proposed amendment at this time, and that amendment the Constitution in such a situation would be against the spirit of the Constitution.
A three-line whip means all MDP parliamentarians are required to take part in the vote on the constitutional amendment, and vote in favor of it. MDP has taken action against parliamentarians who have violated the party's whips in the past.
A constitutional amendment requires a majority vote of three-fourth of the Parliament.
Maldives has less than a week left before the term of its incumbent councilors expires.
Attorney General Ibrahim Riffath has stated that a general law cannot be used to override a provision of the Constitution, and that the only solution was to amend the Constitution – an opinion shared by the Parliament’s Counsel General Fathimath Filza.