Amendment to the constitution, Judicature Act and risks of state capture in the Maldives

Developments that have unfolded in the Maldives since the end of 2024 have been profoundly troubling. Quickly passed laws have eroded democracy and undermined judicial independence in the country. These decisions are unconstitutional, made for political gain and undue influence, while eroding the rule of law, democratic principles, and the public interest.

The hasty amendment to the constitution in November 2024 has permitted members of parliament to potentially be forced to vote along party lines, undermining their independence. This change risks centralising power within political parties, weakening internal democracy, and eroding public trust. The speed at which the amendment was made was especially problematic, brought in less than 24 hours with little deliberation among MP’s and no public consultation.

In February 2025, an amendment to the Judicature Act included reducing the supreme court from 7 to 5 members and allowing for Justices to be removed through a two thirds majority vote in Parliament, again rushed with little deliberation and without any regard to concerns from the legal community including the Counsel General of the Parliament. These changes reflect a clear compromise of judicial independence, enabling greater political interference. They have the potential to lead to state capture, where the ruling party consolidates power by weakening institutional checks.

Another disturbing development has been the suspension of three supreme court judges amid an ongoing investigation by the Anti-Corruption Commission. The suspensions have widely been seen as politically motivated to influence the ongoing court hearings on the constitutionality of the amendments passed in November 2024, which is now halted as constitutional case requires a bench of at least five judges. There are also concerns of risks to the integrity of the Anti-Corruption Commission, which could be turned into a tool for political purposes.

Transparency International joins our national chapter in urgently calling on the government of the Maldives to reconsider and reverse these amendments to protect the integrity of the democratic system. Since its transition to multi-party democracy in 2008, the Maldives has encountered its fair share of instability and setbacks. However, democracy and its institutions have endured over the long-term despite significant challenges, illustrating the country's capacity to implement effective democratic reform. The latest democratic backsliding has the potential to jeopardise years of progress in the Maldives. The government must act to reverse these damaging policy changes for the sake of the country’s democratic future.