The Supreme Court has today ruled that it would proceed with the case on the amendment brought to the Constitution to include articles about anti-defection for parliamentarians.
The ruling PNC Parliamentarians rushed the amendment to the Constitution which defined three instances in which a sitting MP would lose his/her seat due to defection. These include when the MP resigns, is expelled, or is dismissed from the party through which they were elected to the Parliament, if an MP switches parties, or if an independent MP joins a political party.
Former MP Kendhoo Ali Hussain submitted a case questioning the legitimacy of the amendments brought to the Constitution and is seeking to have the amendment annulled.
Hearings on the case began yesterday but were quickly derailed as the State filed a motion to throw the case on the basis that the Supreme Court does not have the jurisdiction to rule on the validity of constitutional amendment approved by the Parliament.
After a tense hearing yesterday in which the full bench of the Supreme Court grilled the lawyer from the Attorney General's office on the State's argument on jurisdiction, the Court ruled today that it would move on with the case.
It ruled that the State had been unable to successfully justify its argument and that the Court would give its legal findings to back its decision during its final ruling.
The Supreme Court granted the State 10 days to offer a rebuttal on its ruling.
