Abdul Sattar Mohamed, the lawmaker representing Holhudhoo, has submitted an amendment bill to the Parliament seeking to reduce the number of justices on the Supreme Court from seven to five. This proposal, which aims to align with the Constitutional Assembly's deliberations, is designed to ensure that the Constitution serves the best interests of the people.
MP Mohamed articulated in the bill that reverting to a five-member Supreme Court, as was the practice during the transitional period following the enactment of the current Constitution, would better achieve these objectives. Initially, the Supreme Court bench comprised five justices, a number which was increased to seven upon the establishment of the permanent Supreme Court in 2010. This figure was later reduced to five in 2014 under former President Abdulla Yameen's administration, before being increased to seven again during former President Ibrahim Mohamed Solih's tenure.
The newly proposed amendment mandates that the Supreme Court bench consist of five justices, including the Chief Justice. It outlines the procedure and timeframe for this reduction. Under the bill, the Judicial Services Commission (JSC) is tasked with recommending the removal of any justice deemed unfit for their role, with such recommendations submitted to Parliament. A two-thirds majority vote in Parliament is required to remove a justice.
Additionally, the bill stipulates that the JSC must propose the names of the justices it seeks to dismiss within five days of the bill's ratification. Parliament is then required to make a decision on the removal within seven days of receiving the proposal. The remaining justices will continue in their positions. The bill specifies that this process includes weekends and public holidays and grants both the JSC and Parliament the authority to exempt specific dates and technicalities mandated by laws and guidelines to ensure proper implementation.
The current Supreme Court bench comprises Chief Justice Ahmed Muthasim Adnan, Justice Dr Azmiralda Zahir, Justice Aisha Shujune Muhammad, Justice Mahaz Ali Zahir, Justice Husnu Al Suood, Justice Ali Rasheed Hussain, and Justice Dr Mohamed Ibrahim.