Parliament Can not  Remove President:

Supreme Court has the final jurisdiction concerning removal of President- MP Nasheed

Kulhudhufushi constituency MP, Mohamed Nasheed has said that the constitution of the Maldives states that the Supreme Court shall have sole and final jurisdiction to determine all disputes concerning the removal of the President by the People’s Majlis.

MP Nasheed said that the Peoples’ Majlis does not have the final jurisdiction to determine the removal of the President no matter how many votes are secured in a motion of no confidence to impeach the President.

“Removal of the President is not an easy process. It is not the Majlis that has the final jurisdiction to determine the matter. Rather the Supreme Court has the sole and final jurisdiction on that. It is the Supreme Court which will determine whether the President has opposed the constitution or any of the fundamental values of the Islamic Shariah. So no matter how much a people wants it the removal of the President is not an easy matter,” he said.

MP Nasheed said that the vote of no confidence taken in the Majlis against the President cannot be considered as the final decision to remove the President. He said that the constitution is very clear on that.

Meanwhile, the Peoples’Majlis recently passed vote to approve on the amendments to the Standing Orders of the People’s Majlis to conduct no-confidence motions on President and Members of the Cabinet through secret vote.

Proposed amendments to the Standing Orders of the People’s Majlis were made with the approval of 41 MPs, while 34 MPs voted against the motion. There were 0 abstentions.

Article 167(a) of the revised Standing Orders stipulates that an open vote shall be held under all circumstances with the exception of circumstances prescribed in the Constitution or in the Standing Orders which imposes the conduction of secret vote. Addition to Article 173 states pursuant to Articles 172 and 173 of the Standing Orders, where circumstances require, voting will be conducted by secret ballot in Majlis committees. Approved amendments to Article 177 now establish votes taken pursuant to Articles 172 and Article 173 as Secret Votes.

Despite the Majlis passing to conduct no-confidence motions on President and Members of the Cabinet through secret vote, the Supreme Court on Wednesday issued a temporary injunction to withhold no confidence motions in the Peoples’ Majlis until the court decides on the case filed at the Supreme Court by the council member of Progressive Party of Maldives (PPM), Mohamed Waheed.
In the temporary stay order issued yesterday, the Supreme Court stated that the Majlis should withhold all no-confidence motions until the legitimacy of the matter is concluded.

Government Coalition partner PPM filed the case in the Supreme Court  seeking the court’s ruling on the decision taken by the People’s Majlis to follow a secret vote procedure in impeachment motions on the President or Vice President and on no confidence votes on ministers.