STATE, SOVEREIGNTY AND CITIZENS · The religion of the State of the Maldives shall be Islam. 8. The...

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CHAPTER I

STATE, SOVEREIGNTY AND CITIZENS

1. The Maldives shall be a sovereign, independent,democratic republic based on the principles of Islam,and shall be a unitary State, to be known as theRepublic of Maldives. In this Constitution, theRepublic of Maldives shall hereinafter be referred toas “the Maldives”.

2. The territory of the Maldives shall comprise theland, air space, sea and seabed within the archipelagicbaselines of the Maldives drawn in accordance withthe law, and shall include the territorial waters, theseabed and air space thereof beyond the said baselines.

3. The State of the Maldives shall, in accordancewith this Constitution, be the territory of the Maldives,the citizens of the Maldives and the powers of the Stateas a composite whole.

4.—(1) The powers of the State of the Maldives shallbe vested in the citizens. The said powers, for purposesof governing the State, shall comprise the following:

(a) the Executive;(b) the Legislature; and(c) the Administration of Justice.

(2) In accordance with this Constitution theexecutive power shall be vested in the President andthe Cabinet of Ministers, the legislative power shallbe vested in the People’s Majlis and the People’sSpecial Majlis and the power of administering justiceshall be vested in the President and the courts of theMaldives.

Republic ofMaldives

Territory of theMaldives

The State

Powers of theState

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5. Persons mentioned herein below shall becitizens of the Maldives:

(a) every person who is a citizen of the Maldivesat the commencement of this Constitution;

(b) every child born to a citizen of the Maldives;and

(c) every foreigner who, in accordance with thelaw, becomes a citizen of the Maldives.

6. The Government of the Maldives shall be theauthorities exercising the powers of the State inaccordance with this Constitution.

7. The religion of the State of the Maldives shallbe Islam.

8. The national language of the Maldives shall beDhivehi.

9. The national day of the Maldives shall be the1st day of the month of Rabeeu al-Awwal.

10. The capital of the Maldives shall be the islandof Male´.

11. The unit of currency of the Maldives shallbe Rufiyaa, which shall be divided into one hundredLaari.

12.—(1) Any person who, by the threat or use offorce or in violation of the Constitution, abrogates orattempts to abrogate the Constitution or attempts toundermine the Constitution or conspires to commitany of the said acts shall be guilty of high treason.

(2) Any person who aids and abets or is anaccomplice in the commission of any act mentionedin clause (1) of this Article or any person who hasknowledge of the commission of such act and has

Citizens of theMaldives

Government ofthe Maldives

State religion

Nationallanguage

National day

Capital

Currency of theMaldives

High treason

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failed to report the same shall also be guilty of hightreason.

CHAPTER II

FUNDAMENTAL RIGHTS AND DUTIES OFCITIZENS

13. Maldivian citizens are equal before andunder the law and are entitled to the equal protectionof the law.

14.—(1) No Maldivian shall be deprived ofcitizenship except as may be provided by law.

(2) Any person wishing to renounce the right toMaldivian citizenship may do so as provided by law.

15.—(1)(a) The right to protection under the law,the guarantee thereof, and treatment in accordancewith the law shall be an inalienable right of everyMaldivian citizen, irrespective of where he may be, andof every person while in the Maldives.

(b) No person shall be arrested or detained exceptas provided by law. No person shall be detained for aperiod exceeding twenty-four hours without beinginformed of the grounds of arrest or detention.

(c) No act detrimental to the life, liberty, body,name, reputation or property of a person shall becommitted except as provided by law.

(d) No person charged with an offence shall bekept in detention for a period exceeding seven daysexcept as provided by law.

(2) Any Maldivian citizen subjected to oppressivetreatment shall have the right to appeal against such

Equality ofcitizens beforethe law

Revocation andrenunciation ofcitizenship

Right to betreated inaccordance withlaw and theright to appealagainstoppressivetreatment

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treatment to the concerned authorities and to thePresident of the Republic.

16.—(1) Every person shall be presumed innocentuntil proven guilty.

(2) Every person who is charged with an offenceshall have the right to defend himself in accordancewith Shari’ah. To this effect, such a person shall beallowed to obtain the assistance of a lawyer wheneversuch assistance is required.

17.—(1) No law shall authorise the punishment ofa person for an act or omission that did not constitutea criminal offence at the time of the act or omission.

(2) No law shall authorise the punishment of aperson for an offence by a penalty greater than, or of akind different from the penalty prescribed by law forthat offence at the time that offence was committed.

(3) No person shall be punished for the same offencemore than once.

18. Residential dwellings and the premisesthereof shall be inviolable. Such dwellings andpremises shall not be entered except as provided bylaw.

19. Persons shall be free to acquire knowledgeand to impart knowledge provided that suchacquisition and imparting of knowledge does notcontravene law.

20. Letters, messages, telephonic conversationsand such other means of communication shall beinviolable. Such letters, messages, telephonicconversations and other means of communicationshall not be intercepted, read, listened to or divulgedexcept as expressly provided by law.

Presumption ofinnocence andthe right of theaccused todefend himself

Prohibition ofpunishmentunderretrospectivelegislation

Inviolability ofresidentialdwellings andpremises

Freedom ofeducation

Inviolability ofletters,messages andother means ofcommunication

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21. Every Maldivian citizen shall have the rightto return to the Maldives irrespective of where he maybe and, unless prohibited by law, to leave the Maldivesand to travel within the Maldives.

22. Every citizen shall have the right to acquire,hold and dispose of property in accordance with law.

23.—(1) Property of persons shall be inviolable. Noperson shall be deprived of his property except asprovided by law or Shari’ah.

(2) No property of a person shall be compulsorilyacquired by the State except in the instances specifiedin law and except for public benefit and unless fairand just compensation in accordance with law is madefor such property.

(3) Property of a person shall not be forfeited insubstitution for any offence.

(4) Nothing in this Article shall affect the makingof or operation of the following laws:

(a) any law authorising the State tocompulsorily acquire or take possession of,without compensation, any property that maybe injurious to life or property or health ofthe people;

(b) any law authorising the State to forfeitproperty proven in court to have been illegallyand wrongfully acquired; and

(c) any law authorising the State to forfeit enemyproperty and to dispose of such property.

24. Every citizen shall have the right to practiseany occupation provided that such occupation is notprohibited by law.

Freedom ofmovement

Right to acquireand holdproperty

Protection ofproperty rights

Right to work

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25. Every citizen shall have the freedom toexpress his conscience and thoughts orally or in writingor by other means, unless prohibited by law in theinterest of protecting the sovereignty of the Maldives,of maintaining public order and of protecting the basictenets of Islam.

26. Persons shall be free to assemble peaceablyand in a manner that does not contravene the law.

27. Persons shall be free to form societies andassociations, unless prohibited by law in the interestof the protection of sovereignty of the Maldives andthe maintenance of public order.

28. Every Maldivian citizen engaged inemployment shall have the right of pension inaccordance with law.

29. Loyalty to the State and obedience to theConstitution and to the law of the Maldives shall bethe duty of every Maldivian citizen, irrespective of wherehe may be.

30. It shall be the duty of every Maldivian citizento protect and uphold the Constitution and the lawsof the Maldives and to honour the freedoms and rightsof others.

31.—(1) Where any law, regulation or any principlehaving the force of law is inconsistent with thefundamental rights stipulated in this Chapter, suchlaw, regulation or principle shall, to the extent of suchinconsistency, be void.

(2) The fundamental rights stipulated in thisChapter shall not, temporarily or otherwise, be deniedsave in accordance with this Constitution.

Freedom ofassembly

Freedom ofassociation

Right ofpension

Protection of theConstitution,upholding the lawand honouring therights of others

Loyalty to theState andobedience to theConstitutionand the law

Voidance of laws,regulations andprinciplesinconsistent withfundamentalrights

Freedom ofexpression

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CHAPTER III

THE EXECUTIVE (1)

THE PRESIDENT

32. There shall be a President of the Maldiveselected in accordance with the Constitution and thelaw.

33. The President shall be the Head of State,Head of Government and the Commander-in-Chief ofthe Armed Forces and of the Police of the Maldives.

34. A person shall be qualified to be elected asPresident if he —

(a) is a Muslim of Sunni following;(b) is a citizen of the Maldives whose parents

and grandparents are Maldivian citizens;(c) is a male who has attained thirty-five years

of age;(d) is of sound mind;(e) is capable of discharging the duties and

responsibilities of the office of President;(f) has not been convicted of an offence for

which a hadd is prescribed in Islam or ofcriminal breach of trust and thereby broughtinto disrepute;

(g) is not a citizen of a foreign country; and(h) is not married to a national of a foreign

country.

35. The President shall be elected by a generalpublic vote in a secret ballot in accordance with theprocedure provided herein below:

(a) The Commissioner of Elections shall, fromamong those who have in accordance with law appliedto become candidates for the office of President,determine in accordance with law, those qualifying

President of theRepublic

Head of State

Qualificationsfor election asPresident

Procedure forelection ofPresident

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under Article 34 of this Constitution and shall notifythe same to the Speaker of the People’s Majlis as soonas expedient and shall make a public announcementof the same.

(1) The Speaker of the People’s Majlis shall, withinthree days of the public announcement of thecandidates for the office of President made pursuantto clause (a) of this Article, convene a meeting of thePeople’s Majlis and shall announce to the Majlis,names of the said candidates.

(2) The People’s Majlis shall, at the meeting heldpursuant to subclause (a)(1) of this Article, vote in asecret ballot to select a person from among thecandidates for the office of President announced tothe Majlis by the Speaker of the Majlis at the saidmeeting to be nominated for the general public vote toelect the President. In the said ballot every membershall vote for one candidate of his choice. The personwho obtains the majority of the Majlis in the said ballotshall win the ballot. The said ballot shall be heldnotwithstanding the fact that a single candidatequalifies under Article 34 of this Constitution to becomea candidate for the office of President.

(3) Where no candidate obtains a majority of theMajlis in the ballot held pursuant to subclause (a)(2)of this Article, the Majlis shall, without adjournmentof the said meeting, continue to ballot among thecandidates who obtained the two highest numbers ofvotes until one candidate obtains the majority of theMajlis. In the event of repeated ballots, voting shall beamong the candidates who obtained the two highestnumbers of votes in the preceding ballot.

(4) In the event of only one person who qualifiesunder Article 34 of this Constitution applying tobecome a candidate for the office of President, andwhere such candidate fails to obtain the majority ofthe Majlis in the ballot held pursuant to clause (a) of

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this Article, the process of applying in accordance withlaw to become a candidate for the office of Presidentshall be deemed to have recommenced.

(5) Where none of the persons who applied tobecome a candidate for the office of President qualifiesunder Article 34 of this Constitution, theCommissioner of Elections shall, as soon as expedient,notify the Speaker of the People’s Majlis of the same.When the Speaker of the Majlis, within three days ofsuch notification, convenes a meeting of the Majlisand informs the Majlis of the same, the process ofapplying in accordance with law to become a candidatefor the office of President shall be deemed to haverecommenced.

(b)(1) The Speaker of the Majlis shall notify thecandidate who obtains the majority of the Majlis inthe ballot held pursuant to clause (a) of this Articlethat he has obtained the majority of the Majlis andsuch candidate having accepted the same, a generalpublic vote by secret ballot shall be held to elect suchperson to the office of President.

(2) In the event that the candidate selected by theMajlis obtains the majority of the votes cast in thegeneral public vote held to elect him in accordancewith subclause (b)(1) of this Article, such candidateshall be elected to the office of President.

(3) Where the candidate selected by the Majlis failsto obtain the majority of the votes cast in the generalpublic vote held to elect him in accordance withsubclause (b)(1) of this Article, the process of applyingin accordance with law to become a candidate for theoffice of President shall be deemed to haverecommenced.

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(c) Any matter not provided for in the Constitutionand the law concerning the election of President, shallbe decided by a two-thirds majority of the People’sMajlis.

36. The person elected to the office of Presidentshall assume office upon taking, before the People’sMajlis, the oath set out in paragraph (a) of the Scheduleto this Constitution.

37. The term of office of President shall be fiveyears from the date on which he assumes office. ThePresident shall, notwithstanding the expiration of histerm of office, continue to hold office until a Presidentelected in accordance with this Constitution assumesoffice.

38. The President shall be the supreme authorityto propagate the tenets of Islam in the Maldives.

39. The President shall be the highest authorityof administering justice in the Maldives.

40. The power to grant pardon to personsconvicted of offences and to commute sentences of suchpersons shall be vested in the President.

41. Honours, medals and titles of honour of theState of the Maldives shall be awarded by thePresident.

42. In addition to the powers and functionsexpressly conferred on or assigned to the President bythe Constitution and law, the President shall have thepower to execute the following:

(a) Appointment to and removal from office inaccordance with the Constitution, of the Vice-President, Chief Justice, Speaker andDeputy Speaker of the People’s Majlis,Ministers, Attorney-General, representatives

Assumption ofthe office ofPresident

Term of office ofPresident

Propagation of thetenets of Islam

Administrationof justice

Grant of pardon

Honours, medalsand titles ofhonour

Powers andduties of thePresident

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sent abroad with special privileges on behalfof the State of the Maldives, Atoll Chiefs,judges, Auditor-General and Commissionerof Elections.

(b) Appointment and dissolution of the Cabinetof Ministers.

(c) Presiding over meetings of the Cabinet ofMinisters and appointment of the Vice-President or a member of the Cabinet topreside over the meetings of the Cabinet ofMinisters in the event that the President isunable to attend such meeting.

(d) Making a statement declaring the policiesof the government at the opening session ofthe People’s Majlis every year.

(e) Promulgating decrees, directives andregulations, as may be required from time totime for the purposes of ensuring proprietyof the affairs of the government andcompliance with the provisions of theConstitution and law.

(f) Holding public referendums on major issuesconcerning which the President requires toobtain public opinion.

(g) Declaration of war and peace.

(h) Receiving and recognising on behalf of theMaldives, ambassadors of foreign statesaccredited to the Maldives andrepresentatives sent with special privilegesby foreign states.

(i) Discharging all such acts and functions thatthe President may be required to dischargeunder international law, customs and usage

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Immunity of thePresident fromsuit

which are not inconsistent with the provisionsof the Constitution and written laws.

43. The powers of the President shall beexercised subject to Shari’ah and the Constitution.Nothing shall be done in violation of Shari’ah or theConstitution.

44.—(1) A person holding the office of Presidentshall enjoy special protection under the law. No actdetrimental to his person shall be committed byanyone. While any person holds office as President,no proceedings shall be instituted or continued againsthim in any court or tribunal in respect of anythingdone or omitted to be done by him either in his officialor private capacity.

(2) After a person has vacated the office ofPresident, no proceedings shall be instituted againsthim in any court or tribunal in respect of anythingdone or omitted to be done by him in his officialcapacity without contravening the law.

(3) After a person has vacated the office of President,no proceedings may be instituted against such personalleging that anything done or omitted to be done byhim during his term of office was in violation of lawunless such matter is duly submitted to the People’sMajlis and is passed by a two-thirds majority of thesaid Majlis.

45.—(1) A person holding the office of Presidentshall not engage in any private business or be in theemployment of any commercial enterprise or hold anyoffice of profit.

(2) Nothing in this Article shall restrict transactionsthat do not amount to any form of business activityby a person holding the office of President, in respectof property owned by him.

Executiveauthority of thePresident

President not toengage in anycommercialenterprise

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Removal fromoffice ofPresident

46. The President may, by writing to theSpeaker of the People’s Majlis specifying the reasonsthereof, resign from the office of President. However,the President shall continue to hold office until suchtime the Speaker of the People’s Majlis submits withinthree days, the said letter of resignation to the Majlisand notifies the President in writing of the acceptanceby the People’s Majlis of the said resignation.

47.—(1) The President may be removed from officewhere any of the following matters has been allegedagainst him and has been dealt with in accordancewith subclauses (2)(a) and (2)(b) of this Article and thePeople’s Majlis having deliberated on the reportsubmitted pursuant to subclause (2)(d) of this Articleby the Committee of Investigation on its findings,resolves by a two-thirds majority that sufficientevidence exists to accept the allegations against thePresident and hence the President be removed fromoffice.

(a) The President becomes disqualified underthe provisions of the Constitution for the office ofPresident.

(b) The President becomes permanentlyincapacitated to discharge the functions of his officeby reason of mental or physical infirmity.

(c) Intentional violation of the Constitution.

(d) Commission of an offence for which a haddis prescribed in Islam.

(2)(a) A motion to remove the President from officemay be considered in the People’s Majlis only whenone-third of the members of the People’s Majlis writeunder their hand addressed to the Speaker of theMajlis alleging any of the matters mentioned in

Resignation ofthe President

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subclauses (1)(a), (1)(b), (1)(c) and (1)(d) of this Article,specifying the reasons thereof, and if the Majlis, uponsuch matter being submitted to the Majlis, resolvesby a two-thirds majority to consider such motion.

(b) The allegation made against the Presidentshall be investigated by a Committee of Investigationcomprising five persons of which two persons shallbe nominated by the People’s Majlis, two personsappointed by the President and one person acceptableto both the People’s Majlis and the President. Noperson serving in the said Committee of Investigationshall be a member of the People’s Majlis. And each ofthe said persons shall have the ability and competenceto investigate such a matter. In the event the People’sMajlis and the President cannot agree upon a personto be appointed with their concurrence, such personshall be chosen by a two-thirds majority of thePeople’s Majlis. The said Committee of Investigationshall be presided over by a member of the Committeeupon whom both the People’s Majlis and the Presidentagree. In the event that the People’s Majlis and thePresident cannot agree on such a member, a memberchosen by a two-thirds majority of the People’s Majlisshall preside over the said Committee.

(c) During the investigation referred to insubclause (2)(b) of this Article, the President shall havethe right to appear and be heard in the said Committeein person or by a lawyer.

(d) The Committee of Investigation mentionedin subclause (2)(b) of this Article shall, within thirtydays from the date of submission to the Committee ofthe said matter, submit a report containing itsfindings on the matter at issue to the People’s Majlis.

(3) In the event that the People’s Majlis resolves toremove the President from office in accordance withclause (1) of this Article, the President shall be deemed

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removed from office with immediate effect uponnotification of the same to the President by theSpeaker of the Majlis.

48.—(1) In the event that the office of Presidentbecomes vacant by reason of death or resignation orremoval from office, the Speaker of the People’s Majlisshall discharge the functions as Acting President fromthe time of occurrence of such vacancy. He shallcontinue to discharge the functions as ActingPresident until a Council to administer the State iselected in accordance with clause (2) of this Articleand such Council assumes administration of the State.

(2) Upon commencement of the discharge offunctions as Acting President by the Speaker of thePeople’s Majlis in accordance with clause (1) of thisArticle or, in the absence of the Speaker, uponassumption of the said function by a person as providedin clause (4) of this Article, the People’s Majlis shall beconvened within 72 hours and, to temporarilydischarge the functions of the office of President untila President is elected in accordance with Article 35 ofthe Constitution and assumes the office of President,a Council comprising three persons to administer theState shall be elected by a secret ballot of the People’sMajlis, and the administration of the State shall beconferred upon the said Council. Each member of theCouncil shall have the qualifications required for theoffice of a member of the Cabinet of Ministers. Thesaid Council shall assume the administration of theState upon its members taking, before the People’sMajlis, the oath set out in paragraph (b) of theSchedule to this Constitution.

(3) In the event that the President is unable,temporarily, to discharge the functions of the office ofPresident, the Vice-President, if any, shall on behalfof the President discharge the functions of the said

Discharging offunctions of theoffice ofPresidentduring casualvacancies in theoffice

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office. In the absence of a Vice-President, a memberof the Cabinet of Ministers nominated by the Presidentshall discharge the same.

(4) Where the office of Speaker of the People’s Majlisis vacant when due to a reason specified in clause (1)of this Article the office of President becomes vacantor where the office of Vice-President is vacant and thePresident is unable to nominate a member of theCabinet of Ministers to discharge the functions of theoffice of President on behalf of the President when thePresident is temporarily disabled to discharge hisfunctions as specified in clause (3) of this Article, thelongest serving member of the Cabinet of Ministersshall assume and discharge the functions of the officeof President. In the first situation specified in thisclause, such person shall continue to discharge thefunctions assumed until the Council to administerthe State is elected in accordance with clause (2) ofthis Article and assumes the administration of theState. In the latter situation, such person shallcontinue to discharge the functions assumed untilthe President resumes the responsibilities of the officeof President.

(5) The Speaker of the People’s Majlis, Vice-President or a member of the Cabinet of Ministersmay temporarily assume the administration of theState in accordance with this Article, upon takingbefore the Chief Justice or a Judge of the High Court,the oath set out in paragraph (b) of the Schedule tothis Constitution.

49.—(1) Upon commencement of the last sixty daysof the term of the office of President, a person shallbe elected to the office of President for a new term inaccordance with Article 35 of this Constitution and allmatters pertaining thereto shall be concluded sevendays prior to the expiration of the term of office.

Election of aperson to theoffice ofPresident priorto expiration ofterm or in theevent of vacancy

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(2) In the event that the office of President becomesvacant by reason of death or resignation or removalfrom office of the President, a person shall be electedto the office of President in accordance with Article35 of this Constitution not later than sixty days fromthe date of such vacancy.

50. If a person holding the office of Presidentleaves office in accordance with the law without beingfound guilty of any offence, such person shall beentitled to protection, financial benefits and otheremoluments deemed appropriate for the honour andthe dignity of a person who has held the highest officeof the State. The protection and emoluments to be sogranted shall be specified in law.

51. The President shall have the right to appointat his discretion, a Vice-President to discharge theduties and responsibilities assigned by the President.The Vice-President shall assume office upon taking,before the President, the oath set out in paragraph(c) of the Schedule to this Constitution.

52. A person appointed by the President as Vice-President shall have the qualifications required forthe office of President in accordance with thisConstitution.

53.—(1) The President may, at his discretion,remove the Vice-President from office by writing underhis hand addressed to the Vice-President.

(2) The Vice-President may resign from office bywriting under his hand addressed to the President.However, the Vice-President shall continue to holdoffice until such time the President notifies him ofthe acceptance of the said resignation.

Protection andemolumentsdue to a personwho has servedas President

Vice-President

Qualificationsfor appointmentas Vice-President

Resignation andremoval of Vice-President

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CHAPTER IV

THE EXECUTIVE (2)

THE CABINET OF MINISTERS

54. There shall be a Cabinet of Ministersappointed by the President, and the Cabinet shall bepresided over by the President.

55.—(1) The Cabinet of Ministers shall consist ofthe Vice-President, if any, Ministers charged withresponsibility for Ministries and the Attorney-General.

(2) Nothing in this Article shall restrict thePresident from directly taking charge of a Ministry orthe Attorney-General’s Office, as he deems fit, withoutappointing a Minister or an Attorney-General.

56. A person shall be qualified to be appointedas a Minister or the Attorney-General if he —

(a) is a Muslim of Sunni following;(b) is a citizen of the Maldives;(c) has attained thirty years of age;(d) is of sound mind;(e) is capable of discharging the functions

assigned to him;(f) has not during the past five years been

convicted of an offence for which a hadd isprescribed in Islam or of criminal breach oftrust and thereby brought into disrepute;and

(g) is not a citizen of a foreign country.

57. Every Minister and the Attorney-Generalshall assume office upon taking, before the President,the oath set out in paragraph (d) of the Schedule tothis Constitution.

Cabinet ofMinisters

Members of theCabinet ofMinisters

Qualificationsfor appointmentas Ministers oras the Attorney-General

Assumption ofoffice byMinisters andthe Attorney-General

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58. The Cabinet of Ministers shall discharge thefunctions assigned to it by the President. The followingshall be included in the said functions:

(a) to assist the President in formulatinggovernment policy on important national andinternational matters and issues;

(b) to advise the President on developing theMaldives economically and socially;

(c) to assist the President in the formulation ofthe annual budget of the State andGovernment Bills to be submitted to thePeople’s Majlis; and

(d) to advise the President on the ratification ofinternational treaties and agreements signedby the Government of the Maldives withforeign governments which require ratificationby the State.

59. Every Minister shall discharge the duties ofhis office with loyalty and to the best of his ability.Every Minister shall be responsible for the functionsassigned to him and shall be accountable to thePresident. Any Minister whose negligence causes lossor damage to the State shall accept the responsibilitythereof.

60.—(1) There shall be an Attorney-General of the Maldives appointed by the President.

(2) The Attorney-General shall discharge thefunctions assigned to him by the President with loyaltyand to the best of his ability. He shall be responsiblefor the functions assigned to him and shall beaccountable to the President. And when required bythe President he shall give legal advice.

(3) The State shall be represented in all courts andtribunals by the Attorney-General or by a persondeputed by him.

DischargingMinisterialfunctions andresponsibilitiesand Ministerialaccountabilityto the President

Functions of theCabinet ofMinisters

The Attorney-General

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61.—(1) The President may at his discretionremove any Minister or the Attorney-General fromoffice by writing under his hand addressed to suchMinister or the Attorney-General.

(2) A Minister or the Attorney-General may resignfrom office by writing under his hand addressed tothe President. However, such Minister or theAttorney-General shall continue to hold office untilsuch time that the President notifies him of theacceptance of the said resignation.

(3) In the event of a vote of no confidence by thePeople’s Majlis in a member of the Cabinet of Ministersbeing passed in accordance with Article 82 of thisConstitution, such member shall resign from office,informing the President of the same.

62. The President may dissolve the Cabinet ofMinisters if, in his opinion, the Cabinet of Ministersis unable to effectively discharge the functionsassigned to the Cabinet. Upon dissolution of theCabinet of Ministers, the President shall inform thePeople’s Majlis of the fact, specifying the reasonsthereof, and shall appoint a new Cabinet of Ministersas soon as expedient.

CHAPTER V

THE LEGISLATURE (1)

THE PEOPLE’S MAJLIS

Resignation andremoval ofMinisters andthe Attorney-General

Dissolution ofthe Cabinet ofMinisters

The People’sMajlis

63. There shall be a People’s Majlis of theMaldives elected in accordance with the Constitutionand law. The legislative power, except the enactmentof the Constitution, shall be vested in the People’sMajlis.

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64. The People’s Majlis shall consist of fiftymembers of which eight members shall be appointedby the President, two members elected from Male´ andtwo members elected from each Atoll of the Maldives.

65. The duration of the People’s Majlis shall befive years from the date on which the first meeting ofthe People’s Majlis is held after its election. Theexpiration of the said duration of five years shalloperate as the dissolution of the Majlis. Upondissolution of the People’s Majlis on the expirationof its duration, the first meeting of the newly electedPeople’s Majlis shall be held.

66. A person shall be qualified to be a memberof the People’s Majlis if he —

(a) is a Muslim;(b) is a citizen of the Maldives;(c) has attained twenty-five years of age;(d) is of sound mind;(e) is capable of reading and writing Arabic and

Dhivehi script and numerals;(f) has not, during the past five years, been

convicted of an offence for which a hadd isprescribed in Islam or of criminal breach oftrust; and


67. A person elected or appointed as a memberof the People’s Majlis shall assume membership ofthe said Majlis upon taking, before the President, theoath set out in paragraph (e) of the Schedule to thisConstitution.

68.—(1) The Speaker of the People’s Majlis shallbe appointed to and removed from office by thePresident.

Composition ofthe People’sMajlis

Duration of thePeople’s Majlis

Qualificationsfor membershipof the People’sMajlis

Assumption ofoffice bymembers of thePeople’s Majlis

Speaker of thePeople’s Majlis

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(2) A Speaker shall be appointed to the People’sMajlis seven days prior to the date on which the firstmeeting of the newly elected People’s Majlis is to beheld in accordance with Article 65 of this Constitutionor in the event of any vacancy, within seven days ofsuch vacancy.

(3) The Speaker of the People’s Majlis shall not bea member of the People’s Majlis. He shall have thequalifications required for the office of a Minister andshall, in the opinion of the President, have thecompetence to discharge the functions of the office ofSpeaker.

(4) The Speaker of the People’s Majlis shall assumeoffice upon taking, before the President, the oath setout in paragraph (f) of the Schedule to thisConstitution.

69.—(1) The Speaker shall administer all affairsof the People’s Majlis, preside over the sittings of theregular sessions of the Majlis held in accordance withArticle 72 of this Constitution and the extraordinarysittings of the Majlis convened when directed by thePresident and submit to the President all matterspassed by the People’s Majlis.

(2) The Speaker of the People’s Majlis shall inthe event stipulated in clause (1) of Article 48 of thisConstitution, discharge the functions as ActingPresident and summon in accordance with clause (2)of the said Article, the People’s Majlis and carry outall matters relating to the election of the Council toadminister the State and assign the administrationof the State to the said Council.

70.—(1) The Deputy Speaker of the People’s Majlisshall be appointed to and removed from office by thePresident.

Functions ofthe Speaker ofthe People’sMajlis

Deputy Speakerof the People’sMajlis

23

(2) A Deputy Speaker shall be appointed to thePeople’s Majlis seven days prior to the date on whichthe first meeting of the newly elected People’s Majlis isto be held in accordance with Article 65 of thisConstitution or in the event of any vacancy, withinseven days of such vacancy.

(3) The Deputy Speaker of the People’s Majlis shallbe appointed from among the members of the People’sMajlis. He shall, in the opinion of the President, havethe competence to discharge the duties of the saidoffice.

(4) The Deputy Speaker of the People’s Majlis shallassume office upon taking, before the President, theoath set out in paragraph (f) of the Schedule to thisConstitution.

71. The Deputy Speaker of the People’s Majlisshall assist the Speaker of the People’s Majlis in thedischarge of functions conferred upon him. In theevent of any vacancy in the office of the Speaker orwhere the Speaker is unable to perform the functionsof his office, unless otherwise stipulated in thisConstitution, the Deputy Speaker shall temporarilydischarge the functions of the Speaker.

72.—(1) There shall be three regular sessions ofthe People’s Majlis every year. The dates for thecommencement and conclusion of these sessions shallbe determined by the Speaker of the People’s Majlis.The Speaker shall inform the President beforeconvening and upon conclusion of each session of thePeople’s Majlis. In addition to the sittings of theregular sessions of the People’s Majlis, anextraordinary sitting of the Majlis shall only be heldwhen directed by the President.

(2) Any sitting of the People’s Majlis except thesittings mentioned in clause (1) of this Article and

Duties of theDeputy Speaker

Sittings of thePeople’s Majlis

24

the sittings convened pursuant to clause (2) of Article48 of this Constitution, shall be void and any resolutionpassed in such sitting shall also be void.

73.—(1) No sitting of the People’s Majlis shall beheld unless a quorum is present. The quorum of asitting of the People’s Majlis shall be a majority of themembers of the People’s Majlis.

(2) If at any time during a sitting of the People’sMajlis there is no quorum, such a sitting shall eitherbe adjourned or suspended until there is a quorum.

74. Save the matters which in accordance withthe Constitution require a two-thirds majority forpassage in the People’s Majlis, all matters proposedfor passage in the People’s Majlis shall be passed by amajority of the Majlis. Twenty-six votes shall bedeemed to constitute a simple majority and thirty-four votes shall be deemed to constitute a two-thirdsmajority.

75. The President and every member of theCabinet of Ministers shall have the right to attendand address the People’s Majlis. However, membersof the People’s Majlis alone shall be entitled to vote inthe Majlis.

76. No taxation may be levied except bylegislation passed by the People’s Majlis.

77.—(1) No foreign person or party shall own orbe given ownership of any part of the territory of theMaldives.

(2) No part of the territory of the Maldives shall beleased or otherwise given possession of to a foreignperson or party for a period exceeding twenty-five yearswithout the approval of the People’s Majlis.

Quorum

Requisitemajorities

Right of thePresident andthe Members ofthe Cabinet ofMinisters toattend andaddress thePeople’s Majlis

No taxationwithoutlegislation

Prohibition offoreignownership ofany part ofMaldivianterritory

25

(3) No part of the territory of the Maldives shall begiven to a foreign person or party for a military purposefor any period without the approval of the People’sMajlis.

(4) No foreign person or party shall be givenpermission to exploit for economic purposes any partof the Exclusive Economic Zone of the Maldives exceptas prescribed by law.

78.—(1) Prior to the commencement of everyfinancial year, the Minister of Finance shall submitto the People’s Majlis the estimated expenditure andincome of the State for the year, and the expenditureand the income of the State for the preceding yearand the budget so proposed shall be passed by thePeople’s Majlis.

(2) No supplementary or excess funds shall beadded to an already passed budget unless it has beensubmitted to and passed by the People’s Majlis.

79.—(1) A Bill passed by the People’sMajlis shall be presented to the President within sevendays from the date of its passing, and the Presidentshall, within thirty days of receipt of the same, assentto such Bill or return such Bill within the said periodto the People’s Majlis for reconsideration of the Bill orfor consideration of any amendment to such Billrecommended by the President.

(2) Any Bill returned to the People’s Majlis forreconsideration in accordance with clause (1) of thisArticle shall be assented to by the President if suchBill, after reconsideration, is passed by a two-thirdsmajority of the People’s Majlis. In the event thatsuch Bill is not passed by a two-thirds majority of thePeople’s Majlis, it shall become void.

(3) Where the President within a period of thirty

Annual budget

Assent to Billsand return ofBills forreconsiderationwithout assent

26

days does not assent to or return for reconsiderationa Bill passed by the People’s Majlis and presented tohim for assent, such Bill shall be deemed to havereceived the assent of the President.

80. A Bill passed by the People’s Majlis shallbecome law and enter into force upon being assentedto by the President and when such law is publishedin the Government Gazette.

81.—(1) Every member of the Cabinet of Ministersand every Minister may be questioned in the People’sMajlis concerning any act done or committed in hisofficial capacity.

(2) Members of the People’s Majlis may question amember of the Cabinet of Ministers or a Ministerconcerning any act done or committed by him in hisprivate capacity if such act is alleged to be in violationof law or if such act could cause loss or damage to thegovernment or the citizens.

(3) A member of the Cabinet of Ministers or aMinister may be questioned by the members of thePeople’s Majlis through the Speaker of the People’sMajlis, having given fourteen days’ written notice ofsuch question and in a sitting of the People’s Majlis.The members of the People’s Majlis may, concerningsuch matter, ask as provided in law, oralsupplementary questions in a sitting of the Majlis.

(4) A person questioned by members of the People’sMajlis in accordance with this Article shall, as providedin law, answer questions addressed to him.

82. A motion expressing want of confidence in amember of the Cabinet of Ministers may be moved inthe People’s Majlis by addressing to the Speaker ofthe People’s Majlis under the hand of at least tenmembers of the People’s Majlis, specifying the reasons

Publication oflaws in theGovernmentGazette andentry into forceof laws

Questions toMinisters bymembers of thePeople’s Majlis

Vote of noconfidence in amember of theCabinet ofMinisters

27

thereof. Such a motion shall be debated in thePeople’s Majlis upon submission of such matter tothe Majlis together with a written statement from theconcerned member of the Cabinet, having given suchmember of the Cabinet a notice of fourteen daysconcerning the said motion. Such member of theCabinet of Ministers shall be deemed to be in want ofconfidence if the motion expressing want of confidencein him is passed by a two-thirds majority of the Majlis.The concerned member of the Cabinet of Ministersshall have the right to defend himself in the sitting ofthe Majlis in which the motion expressing the wantof confidence in him is debated.

83. The validity of a decision of the People’sMajlis on any matter which is not inconsistent withthe provisions of this Constitution, shall not bequestioned by any court or tribunal or any other suchauthority.

84. No member of the People’s Majlis shall beheld liable in respect of any thought expressed oranything said without contradicting the basic tenetsof Islam or any vote given by him in a duly constitutedsitting of the People’s Majlis or any committee thereof.

85.—(1) The Speaker of the People’s Majlis mayresign from office by writing under his hand addressedto the President. However, the Speaker of the People’sMajlis shall continue to hold office until such timethat the President notifies him of the acceptance ofthe said resignation.

(2) The Deputy Speaker of the People’s Majlis mayresign from office by writing under his hand addressedto the President. However, the Deputy Speaker of thePeople’s Majlis shall continue to hold office until suchtime that the President notifies him of the acceptanceof the said resignation.

Validity ofdecisions of thePeople’s Majlis

Immunity of themembers of thePeople’s Majlis

Resignation ofthe Speaker andthe DeputySpeaker

28

86.—(1) A member of the People’s Majlis mayresign by writing under his hand addressed to theSpeaker of the People’s Majlis. The seat of suchmember shall be deemed vacated upon tendering ofthe said resignation.

(2)(a) Where a member of the People’s Majlis isabsent without leave of the Speaker for two consecutivesessions, the seat of such member shall be deemedvacated.

(b) Where a member of the People’s Majlis isheld in custody pursuant to a sentence of a court fora period whereby such member is rendered unableto attend two consecutive sessions of the People’sMajlis and where the High Court has upheld suchsentence on appeal or the period for appeal againstsuch sentence has lapsed, the seat of such membershall be deemed vacated.

(c) Where a member of the People’s Majlis isdetained, except in pursuance to a sentence of a court,the seat of such member shall not be deemed vacated.

(3)(a) In the event that a member of the People’sMajlis becomes disqualified for membership of theMajlis, or in the event of the death of a member, theseat of such member shall be deemed vacated.

(b) A member of the People’s Majlis shall bedeemed disqualified for membership of the Majlis ifthe High Court so decides upon application by theState.

(4) Where a member appointed by the President isremoved from the Majlis by the President, the seat ofsuch member shall be vacated.

Vacation of seat

29

87. Where a seat in the People’s Majlis is vacatedprior to the expiration of the duration of the People’sMajlis, a new member shall, in accordance with law,be elected to the seat so vacated within sixty daysfrom the date of such vacancy. Where the seat vacatedis a seat of a member appointed by the President, anew member shall be appointed to fill such vacancywithin sixty days of such vacancy.

88. Election of members to the new People’sMajlis and all matters pertaining thereto shall beconcluded in accordance with law thirty days prior tothe expiration of the existing Majlis.

89. The President shall, in the event thatelection of a new People’s Majlis is not possible beforethe expiration of the duration of the existing People’sMajlis by reason of a Proclamation of Emergency asprovided in Article 144 being in operation, have theauthority to extend the duration of the said Majlis fora determined period by an instrument executed underhis hand and sent to the existing People’s Majlis.The period of extension shall be specified in theinstrument sent to the People’s Majlis. Such periodof extension shall be for a maximum period of oneyear. Notwithstanding the extension of the durationof the Majlis, where the Proclamation of Emergencyhas ceased to be in operation, a new People’s Majlisshall be elected, in accordance with this Constitution,within a maximum of sixty days from the date theProclamation of Emergency ceased to be in operation.

90.—(1) If, at a time when the People’s Majlis isnot in session a matter arises, for which, in the opinionof the President, expedient legislation is required, thePresident shall have the power to decree and execute,without contravening the Constitution, such matterby a Special Order as a provisional law.

(2) Any Special Order decreed by the President asherein provided shall be laid before the People’s Majlis

Filling of seatsvacated in thePeople’s Majlis

Extension ofduration of thePeople’s Majlis

Power ofPresident topromulgate lawduring recess ofthe People’sMajlis

Election of newMajlis prior tothe expiration ofthe duration ofthe People’sMajlis

30

at its first sitting held after such Special Order. Inthe event that the People’s Majlis does not pass aresolution to approve the said Special Order, suchOrder shall cease to have effect upon the expirationof sixty days from the date of such Order. In theevent that a resolution of the People’s Majlis is passeddisapproving the said Order prior to the expiration ofthe said sixty days, such Order shall immediatelycease to have effect.

(3) Any Special Order decreed by the President inaccordance with this Article may be withdrawn at anytime by the President.

91. A Secretary-General of the People’s Majlisshall be appointed and a secretariat thereof shall beestablished by the President. The Secretary-Generalof the People’s Majlis shall, as may be directed by theSpeaker of the People’s Majlis, organise all the sittingsand all the documentation of the Majlis. Where thePeople’s Special Majlis is convened, all such mattersof the said Majlis shall also be undertaken by thesaid Secretary-General.

Secretary-General of thePeople’s Majlis

The People’sSpecial Majlis

Composition ofthe People’sSpecial Majlis

CHAPTER VI

THE LEGISLATURE (2)

THE PEOPLE’S SPECIAL MAJLIS

92. The power to make and amend theConstitution of the Maldives shall be vested in thePeople’s Special Majlis.

93. The People’s Special Majlis shall consist of:

(a) members of the Cabinet of Ministers;(b) members of the People’s Majlis;(c) members elected from Male´ and the Atolls

in accordance with law. Members elected

31

from each constituency shall be equal innumber to the members elected to thePeople’s Majlis from each constituency; and

(d) eight members appointed by the President.

94. Where the President deems it necessary toconvene the People’s Special Majlis or where thePeople’s Majlis resolves to convene the People’s SpecialMajlis, the President shall direct the People’s SpecialMajlis to be constituted. The People’s Special Majlisshall convene at a time appointed by the Presidentand upon conclusion of the business of the Agendathe said Majlis shall be dissolved by writing underthe hand of the President addressed to the said Majlis.

95. The qualifications for membership of thePeople’s Special Majlis shall be the same qualificationsrequired for membership of the People’s Majlis underthis Constitution.

96. Every member of the People’s Special Majlisshall assume membership of the said Majlis upontaking, before the President, the oath set out inparagraph (g) of the Schedule to this Constitution.

97.—(1) A President and a Vice-President of thePeople’s Special Majlis shall be elected from amongits members at the first sitting of the said Majlis.Where the office of President or that of Vice-Presidentof the said Majlis becomes vacant prior to thedissolution of the People’s Special Majlis, a newmember shall be elected to fill such vacancy.

(2) The Speaker of the People’s Majlis shall presideover the first sitting of the People’s Special Majlisuntil a President of the People’s Special Majlis iselected pursuant to clause (1) of this Article. Uponelection of the President of the People’s Special Majlis,the Speaker of the People’s Majlis shall cease to presideover the sitting.

Convening anddissolution ofthe People’sSpecial Majlis

Qualificationsfor membershipof the People’sSpecial Majlis

Assumption ofmembership ofthe People’sSpecial Majlis

President andVice-Presidentof the People’sSpecial Majlis

32

98. The President and the Vice-President ofthe People’s Special Majlis shall assume office upontaking, before the President, the oath set out inparagraph (h) of the Schedule to this Constitution.

99. The President of the People’s Special Majlisshall administer all affairs of the Majlis, convenesittings of the Majlis for discharging the dutiesassigned to the Majlis, and preside over such sittingsand submit to the President all matters passed by theMajlis within seven days of their passage.

100. The Vice-President of the People’s SpecialMajlis shall assist the President of the People’s SpecialMajlis in the discharge of functions conferred uponhim. In the event of any vacancy of the office of thePresident of the People’s Special Majlis or where thePresident of the People’s Special Majlis is unable toperform the functions of his office, the Vice-Presidentshall temporarily discharge the functions of thePresident.

101. Any article or provision of this Constitutionmay be amended only by a law passed by a majorityof votes in the People’s Special Majlis and assented toby the President.

102.—(1) Any matter referred to in Article 101 ofthis Constitution passed by the People’s SpecialMajlis shall be presented to the President within sevendays from the date of its passing and the Presidentshall, within ninety days of receipt of the same, assentto such Bill or return such Bill within the said periodto the People’s Special Majlis for reconsideration ofthe Bill or for consideration of any amendment to suchBill recommended by the President.

(2) Any Bill returned to the People’s Special Majlisfor reconsideration in accordance with clause (1) of

Assumption ofoffice by thePresident and theVice-President ofthe People’sSpecial Majlis

Functions ofthe President ofthe People’sSpecial Majlis

Duties of theVice-Presidentof the People’sSpecial Majlis

Laws passed bythe People’sSpecial Majlis

Assent to Billsand return ofBills forreconsiderationwithout assent

33

this Article shall be assented to by the President ifsuch Bill after reconsideration is passed by a two-thirds majority of the People’s Special Majlis. In theevent such Bill is not passed by a two-thirds majorityof the People’s Special Majlis such Bill shall becomevoid.

(3) Where the President within a period of ninetydays does not assent to or return for reconsiderationa Bill passed by the People’s Special Majlis andpresented to him for assent, such Bill shall be deemedto have received assent of the President.

(4) A Bill passed by the People’s Special Majlis shallbecome law and enter into force upon being assentedto by the President and when such law is publishedin the Government Gazette.

103. The validity of a decision of the People’sSpecial Majlis, on any matter taken in accordance withthe provisions of this Constitution, shall not bequestioned by any court or tribunal or any other suchauthority.

104. No member of the People’s Special Majlisshall be held liable in respect of any thought expressedor anything said without contradicting the basic tenetsof Islam or any vote given by him in a duly constitutedsitting of the People’s Special Majlis or any committeethereof.

105.—(1) A seat in the People’s Special Majlis shallbecome vacant prior to the dissolution of the Majlisupon the death of a member or where a member ofthe said Majlis by writing under his hand addressedto the President of the said Majlis resigns or where aperson who is a member of the People’s Special Majlis,by reason of being a member of the Cabinet ofMinisters or the People’s Majlis as the case may be,has ceased to be a member of the Cabinet or the

Validity ofdecisions of thePeople’s SpecialMajlis

Immunity of themembers ofPeople’s SpecialMajlis

Vacation andfilling of seatsin the People’sSpecial Majlis

34

People’s Majlis or where a member becomesdisqualified for membership of the People’s SpecialMajlis.

(2) A member of the People’s Special Majlis shallbe deemed disqualified for membership of the Majlis ifthe High Court so decides upon application by theState.

(3) Where a member appointed by the President isremoved from the People’s Special Majlis by thePresident, the seat of such member shall be vacated.

(4) In the event of a vacation of a seat in the People’sSpecial Majlis, where the seat vacated is a seat of amember appointed by the President, a new membershall be appointed to fill such vacancy, and where theseat vacated is a seat of a member elected to thePeople’s Special Majlis, a new member shall be electedto fill such vacancy. However, such vacancy shall befilled if, in the opinion of the President of the People’sSpecial Majlis, the Majlis will remain withoutdissolution for a period sufficient for members whoare so elected or appointed to attend the sittings ofthe Majlis.

Atoll Chiefs

Qualificationsfor appointmentas an AtollChief

CHAPTER VII

ATOLL CHIEFS

106. There shall be an Atoll Chief appointed bythe President for each Atoll of the Maldives.

107. A person shall be qualified to be appointedas an Atoll Chief if he —

(a) is a Muslim;(b) is a citizen of the Maldives;

35

(c) is a person who has attained thirty years ofage;

(d) is of sound mind;(e) is a person who in the opinion of the

President has the competence to dischargethe duties and responsibilities of the officeof Atoll Chief;

(f) has not been convicted of an offence duringthe past five years for which a hadd isprescribed in Islam or of criminal breach oftrust; and


108. Every Atoll Chief shall assume office upontaking, before the President, the oath set out inparagraph (i) of the Schedule to this Constitution.

109. Every Atoll shall be administered, as maybe decreed and directed by the President, by the AtollChief appointed for the Atoll. The President may issuedirections to the Atoll Chief through Ministers.

110. An Atoll Chief may resign from office bywriting under his hand addressed to the President.However, such Atoll Chief shall continue to hold officeuntil such time that the President notifies him of theacceptance of the said resignation.

111. The President may, at his discretion, removean Atoll Chief from office.

Assumption ofoffice by AtollChiefs

Administrationof the Atoll

Resignation ofAtoll Chiefs

Removal of AtollChiefs

The High Courtof the Maldives

CHAPTER VIII

THE JUDICIARY (1)

THE HIGH COURT

112.—(1) There shall be a High Court of theMaldives. The High Court shall consist of the Chief

36

Justice and such number of Judges as may bedetermined by the President.

(2) The Chief Justice and the Judges of the HighCourt shall be appointed by the President.

113. A person shall be qualified to be appointedas the Chief Justice or as a Judge of the High Court ifhe —

(a) is a Muslim;(b) is a citizen of the Maldives;(c) is a person who has attained thirty years of

age;(d) is of sound mind;(e) is a person who in the opinion of the

President has the necessary educationalqualifications and competence to dischargethe duties and responsibilities of the ChiefJustice or of a Judge of the High Court;

(f) has not been convicted of an offence forwhich a hadd is prescribed in Islam or ofcriminal breach of trust or of bribery; and


114. The Chief Justice or a Judge of the HighCourt shall assume office upon taking, before thePresident, the oath set out in paragraph (j) of theSchedule to this Constitution.

115.—(1) All appeals from the courts of theMaldives shall, in accordance with regulationspromulgated by the President, be heard by the HighCourt.

(2) The High Court shall hear cases determinedby the President to be filed with the High Court fromamong the proceedings instituted by the State.

Qualificationsfor appointmentas Chief Justiceand Judges ofthe High Court

Jurisdiction ofthe High Court

Assumption ofoffice by theChief Justiceand Judges ofthe High Court

37

116. The Chief Justice or a Judge of the HighCourt may resign from office by writing under hishand addressed to the President. However, the ChiefJustice or such Judge of the High Court shall continueto hold office until such time that the President notifieshim of the acceptance of the said resignation.

117. Where, in the opinion of the President, theChief Justice or a Judge of the High Court fails tosatisfactorily discharge his duties and responsibilitiesor in the event such a person becomes disqualifiedunder Article 113, the President may remove suchperson from office.

Removal of theChief Justiceand Judges ofthe High Court

Courts

Qualificationsfor appointmentas judges of thecourts

Resignation ofthe ChiefJustice andJudges of theHigh Court

CHAPTER IX

THE JUDICIARY (2)

THE COURTS

118.—(1) There shall be in the Maldives suchnumber of courts at such places as may be determinedby the President.

(2) The judges of the courts shall be appointed bythe President.

119. A person shall be qualified to be appointedas a judge of a court if he —

(a) is a Muslim;(b) is a citizen of the Maldives;(c) is a person who has attained twenty-five

years of age;(d) is of sound mind;(e) is a person who has the necessary

educational qualifications and competenceto discharge the duties and responsibilitiesof a judge;

38

(f) has not been convicted of an offence forwhich a hadd is prescribed in Islam or ofcriminal breach of trust or of bribery; and


120. A judge of a court shall assume office upontaking, before the President or before a personnominated by the President, the oath set out inparagraph (j) of the Schedule to this Constitution.

121. A Minister assigned by the President shallhave the authority to issue directives and ordersconcerning the administration of courts and theconduct of judges.

122. A judge of a court may resign from office bywriting under his hand addressed to the President.However, such judge shall continue to hold office untilsuch time that the President notifies him of theacceptance of the said resignation.

123. The President may at his discretion removea judge of any court from office.

Administrationof the courts

Resignation ofjudges

Removal ofjudges of thecourts

Auditor-General

Assumption ofoffice by judgesof the courts

CHAPTER X

THE AUDITING AND MAINTENANCE OFACCOUNTS OF THE STATE

124.—(1) There shall be an Auditor-General of theMaldives appointed by the President.

(2) A person appointed to the office of Auditor-General shall have the qualifications required formembership of the People’s Majlis and shall, in theopinion of the President, have the competence toperform the duties of the said office.

39

125. The Auditor-General shall assume officeupon taking, before the President, the oath set out inparagraph (k) of the Schedule to this Constitution.

126. It shall be the duty of the Auditor-General,in accordance with law, to audit the accounts of theState, prepare the reports thereof, and perform otherduties concerning the accounts of the State.

127. The accounts of the State shall be kept andmaintained in such form and manner prescribed bythe Auditor-General on the advice of the President.

128. The Auditor-General may resign from officeby writing under his hand addressed to the President.However, the Auditor-General shall continue to holdoffice until such time that the President notifies himof the acceptance of the said resignation.

129. The President may remove the Auditor-General from office if in the opinion of the Presidentthe Auditor-General has failed to satisfactorily performthe duties of his office.

Assumption ofoffice by theAuditor-General

Duties of theAuditor-General

Maintenance ofaccounts of theState

Resignation ofthe Auditor-General

Removal of theAuditor-General

CHAPTER XI

ELECTIONS AND PUBLIC VOTES

130.—(1) The President shall appoint aCommissioner of Elections to organise and conductelections in the Maldives.

(2) A person appointed to the office ofCommissioner of Elections shall have the qualificationsrequired for membership of the People’s Majlis andshall, in the opinion of the President, have thecompetence to perform the duties of the said office.

Commissionerof Elections

40

131. The Commissioner of Elections shall assumeoffice upon taking, before the President, the oath setout in paragraph (k) of the Schedule to thisConstitution.

132. It shall be the duty of the Commissioner ofElections, in accordance with the Constitution andlaw, to organise and conduct the general public voteto elect the President, elections of the members ofthe People’s Majlis and the People’s Special Majlisand public referendums as may be required by thePresident to obtain public opinion.

133. Voting in elections and public referendumsstipulated in the Constitution and the law shall be bysecret ballot.

134. A person shall be qualified to be a voter inelections and public referendums stipulated in theConstitution and the law if he —

(a) is a Muslim;(b) is a citizen of the Maldives;(c) is a person who has attained twenty-one years

of age;(d) is of sound mind; and(e) is not serving a sentence passed by a court

or is under lawful detention.

135. No grievances and complaints concerningelections to the People’s Majlis or the People’s SpecialMajlis shall be made except by an election petitionpresented to a court determined by the President.

136. The Commissioner of Elections may resignfrom office by writing under his hand addressed tothe President. However, the Commissioner of Electionsshall continue to hold office until such time that thePresident notifies him of the acceptance of the saidresignation.

Assumption ofoffice by theCommissionerof Elections

Duties of theCommissionerof Elections

Qualificationsof voters

Elections andpublicreferendums bysecret ballot

Electionpetitions

Resignation oftheCommissionerof Elections

41

137. The President may remove theCommissioner of Elections from office if in the opinionof the President the Commissioner of Elections hasfailed to perform satisfactorily the duties of his office.

Property andassets of theState andacquired for theState

Land, sea andnaturalresources

Propertywithout arightful owner

Removal of theCommissionerof Elections

CHAPTER XII

PROPERTY, LIABILITIES AND SUITS OFTHE STATE

138.—(1) All property, assets and monies which atthe commencement of this Constitution were vestedin the State shall continue to vest in the State.

(2) All property, assets and monies acquired forthe State shall vest in the State.

139.—(1) All land, sea and the fish therein, andthe seabed within the territory of the Maldives andnaturally occurring resources, including metallic ores,oil, gas and other things of value thereof shall vest inthe State.

(2) All living and non-living resources of theExclusive Economic Zone and the seabed thereof, shallvest in the State.

140.—(1) Any property found within the territoryof the Maldives and any property occurring in theseabed or found drifting in the sea, save thosenaturally occurring or formed in the sea, without arightful owner, shall vest in the State.

(2) All property such as gold, silver, jewellery,money, household items and items of historical valuefound buried in the ground without a rightful owner,shall vest in the State.

42

141. The President shall have the authority, inaccordance with law, to give, sell, lease, and mortgageany property or assets of the State, if such transactionis needed for the State.

142. The State may borrow in accordance withlaw such sums of money and for such periods as thePresident may determine. And the government mayguarantee repayment of sums so borrowed within suchperiods as may be determined by the President.

143. The government shall have the right to sueon behalf of the State and to defend any action againstthe State in any court of the Maldives, or in any foreigncourt or in any such other place.

Authority fortransactionsinvolving propertyand assets of theState

Authority toborrow onbehalf of theState

CHAPTER XIII

PROCLAMATION OF EMERGENCY

144. Where the President has determined thatthe security of the Maldives or part thereof isthreatened by war or foreign aggression or civil unrest,the President shall have the right to issue aProclamation of Emergency.

145. While the Proclamation of Emergency is inforce, the President shall have the power to take andorder all measures expedient to protect nationalsecurity and public order. Such measures mayinclude the suspension from time to time offundamental rights as deemed appropriate by thePresident and suspension of laws which in theopinion of the President impede the maintenance ofnational security and public order.

146.—(1) A Proclamation of Emergency shallinitially be valid for a period of three months. In theevent that the President has determined that such

Authority to sueon behalf of theState and todefend actionagainst theState

Proclamation ofEmergency

Powers of thePresidentduring aProclamation ofEmergency

Duration andrevocation of aProclamation ofEmergency

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Proclamation of Emergency should be extended for aperiod exceeding three months, such matter shall belaid before the People’s Majlis prior to the expirationof the three months and the Proclamation ofEmergency may be extended, if passed by the People’sMajlis, for a period determined by the Majlis. Wherethe period of Proclamation of Emergency is notextended as mentioned herein, upon expiration of thesaid three months such Proclamation of Emergencyshall lapse.

(2) The President may revoke the Proclamation ofEmergency while it is in force where to the satisfactionof the President there exists no circumstance requiringcontinuation of the Proclamation of Emergency.

(3) Upon the expiration of the Proclamation ofEmergency, and within one month from such date, awritten report on the emergency that occurred shallbe submitted to the People’s Majlis by the President.

No law to becontrary to theConstitution

Signing andacceptance ofagreements

CHAPTER XIV

GENERAL PROVISIONS

147. No bilateral agreement between theGovernment of the Maldives and the government of aforeign country and no multilateral agreement shallbe signed or accepted by the Government of theMaldives unless the President has authorised inwriting such signature or acceptance. In the eventthat such agreement requires ratification by theMaldives such agreement shall not come into effectunless the President has ratified the same on theadvice of the Cabinet of Ministers.

148.—(1) No law shall be made in contraventionof this Constitution or the manner provided hereinby any legislative body or any other body with legislativecompetence.

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(2) Where any part of a proposed Bill or existinglaw is contrary to the provisions of this Constitution,such part shall be void.

149. Unless passed otherwise by the People’sMajlis or the People’s Special Majlis, the laws in forceat the time this Constitution comes into force whichare not inconsistent with the provisions of thisConstitution shall continue to remain in force.However, such laws may be amended in accordancewith the procedures laid down in this Constitutionfor the enactment of laws.

150.—(1) Where inexpediencies exist or wherefurther procedures are required to be introduced togive effect to any provisions of this Constitution, thePresident shall have the power to defer giving effectto such provisions for a maximum period of two yearsfrom the date the Constitution comes into force. Whereany provisions of this Constitution require for theirimplementation, amendment of existing practices,the President shall have the power to defer theimplementation of such provisions with the necessaryamendments to such practices for a maximum periodof two years from the date this Constitution comesinto force.

(2) Matters, the implementation of which isdeferred, and matters the implementation of which isdeferred for implementation with amendments, shallbe determined by a Special Order of the President.

151. Acts done pursuant to or in accordance withany law which is repealed upon the commencementof this Constitution due to its inconsistency with theConstitution shall, unless otherwise provided in thisConstitution, remain valid and the repeal of any suchlaw shall not affect any right or privilege of a personunder such law or punishment enforced or beingenforced under such law.

Compliancewith andamendments tolaws in force

Inexpedienciesat the time thisConstitutioncomes intoforce

Repeal of lawscontravening theConstitution

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152. Terms, periods of time and dates in thisConstitution shall be ascertained in accordance withthe Gregorian Calendar.

153. No heading contained anywhere in thisConstitution shall be a part of this Constitution.

Manner ofascertainingperiod and date

Headings in theConstitution

Title of theConstitutionand the date ofcoming intoforce

Repeal of theConstitution of1968

CHAPTER XV

COMMENCEMENT OF THISCONSTITUTION AND

REPEAL OF THE CONSTITUTION OF1968

154.—(1) This Constitution shall be called “TheConstitution of the Republic of Maldives”.

(2) This Constitution having been passed by thePeople’s Special Majlis and assented to by thePresident, shall come into force on the date appointedand proclaimed by the President for itscommencement.

155. “The Constitution of the Republic ofMaldives” that came into force on the 11th day ofNovember 1968 shall stand repealed with effect fromthe date this Constitution comes into force.

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CHAPTER XVI

INTERPRETATION OF WORDS ANDPHRASES

Interpretationof words andphrases

156. In this Constitution, unless the contextotherwise requires, the following expressions have themeanings hereby respectively assigned to them, thatis to say:

Unitary State means a State in which the powers ofthe State are vested in one government and wherethe said powers are not shared with any territorialdivisions which constitute such State.

Sea includes the sea outside, between and withinatolls, reefs, lagoons and such other waters.

Citizen means any citizen of the Maldives inaccordance with law.

Law means Acts passed by the People’s Majlis andthe People’s Special Majlis and assented to by thePresident at any time prior to and after thecommencement of this Constitution and includes theregulations made under such laws and the practicesof the government. In this Constitution the word ‘law’also includes the norms and provisions of Shari’ahestablished by the Noble Quran and the traditions ofthe Noble Prophet, and the rules derived therefrom.

Court means any place where trials are held.

Punishment means the penalty prescribed by law foran offence defined in the law.

Public order means the preservation and continuanceof the rule of law, public security and the good of all.

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Enemy means any foreign party that commits an actagainst the sovereignty or independence of theMaldives and any Maldivian accomplice in thecommission of such act.

Fundamental rights means the fundamental rightsstipulated in Chapter II of this Constitution.

Secret ballot means the act of giving or taking votesin a manner whereby, while voting, no person is awareof the vote given by another.

Propagation of the tenets of Islam means theadministration of the faith, beliefs and the doctrinesof Islam and the facilitation of the practice of the same.

Agreement means all agreements legally binding onthe Government of the Maldives.

Tax means all taxes and duties except any fee or rentcharged for a service rendered or for work done.

Land means islands, sand-banks and all other suchplaces drying above the sea.

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SCHEDULE

OATHS OF OFFICE

(a)

OATH OF OFFICE OF PRESIDENT(Article 36)

I, ...(name of person)..., do swear in the name of Almighty Allahthat I will obey the religion of Islam, that I will protect theConstitution of the Republic of Maldives and the fundamental rightsof the Maldivian citizens, that I will bear true faith and allegianceto the Maldives and will discharge the responsibilities and dutiesof the office of President honestly and faithfully in accordancewith the Constitution of the Republic of Maldives.

(b)

OATH OF OFFICE OF PERSONS FILLING CASUAL VACANCYOF THE OFFICE OF PRESIDENT

(Article 48)

I, ...(name of person)..., do swear in the name of Almighty Allah thatI will obey the religion of Islam, that I will protect the Constitutionof the Republic of Maldives and the fundamental rights of theMaldivian citizens, that I will bear true faith and allegiance to theMaldives and will on behalf of the President/as Acting President/asmember of the Council to administer the State discharge theresponsibilities and duties of administering the State honestly andfaithfully in accordance with the Constitution of the Republic ofMaldives.

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(c)

OATH OF OFFICE OF VICE-PRESIDENT(Article 51)

I, ...(name of person)..., do swear in the name of Almighty Allah thatI will obey the religion of Islam, that I will protect the Constitution ofthe Republic of Maldives and the fundamental rights of the Maldiviancitizens, that I will bear true faith and allegiance to the Maldives andthe President and will discharge the responsibilities and duties ofthe office of Vice-President honestly and faithfully in accordancewith the Constitution and laws of the Republic of Maldives.

(d)

OATH OF OFFICE OF MINISTERS AND THEATTORNEY-GENERAL

(Article 57)

I, ...(name of person)..., do swear in the name of Almighty Allahthat I will obey the religion of Islam, that I will protect theConstitution of the Republic of Maldives and the fundamental rightsof the Maldivian citizens, that I will bear true faith and allegiance tothe Maldives and the President and will discharge the duties assignedto me by the President honestly and faithfully in accordance withthe Constitution and laws of the Republic of Maldives.

(e)

OATH OF OFFICE OF MEMBERS OF THE PEOPLE’S MAJLIS(Article 67)

I, …(name of person)..., do swear in the name of Almighty Allah thatI will obey the religion of Islam, that I will protect the Constitution ofthe Republic of Maldives and the rights of the Maldivian citizensand the rights of the Executive, that I will bear true faith andallegiance to the Maldives and will discharge the duties as a memberof the People’s Majlis honestly and faithfully.

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(f)

OATH OF OFFICE OF THE SPEAKER AND THE DEPUTYSPEAKER OF THE PEOPLE’S MAJLIS

(Articles 68 & 70)

I, …(name of person)..., do swear in the name of Almighty Allah thatI will obey the religion of Islam, that I will protect the Constitution ofthe Republic of Maldives and the rights of the Maldivian citizensand the rights of the Executive, that I will bear true faith andallegiance to the Maldives and the President and will discharge theresponsibilities and duties of the office of Speaker/Deputy Speakerhonestly and faithfully in accordance with the Constitution of theRepublic of Maldives.

(g)

OATH OF OFFICE OF MEMBERS OF THE PEOPLE’S SPECIALMAJLIS

(Article 96)

I, …(name of person)..., do swear in the name of Almighty Allah thatI will obey the religion of Islam and the Constitution of the Republic ofMaldives, that I will bear true faith and allegiance to the Maldives, thatI will uphold the rights of the Maldivian citizens and will discharge theduties as a member of the People’s Special Majlis honestly and faithfully.

(h)

OATH OF OFFICE OF PRESIDENT AND VICE-PRESIDENT OFTHE PEOPLE’S SPECIAL MAJLIS

(Article 98)

I, …(name of person)...,do swear in the name of Almighty Allah thatI will obey the religion of Islam and the Constitution of the Republicof Maldives, that I will bear true faith and allegiance to the Maldives,that I will uphold the rights of the Maldivian citizens and will dischargethe duties of the office of President/Vice-President of the People’sSpecial Majlis honestly and faithfully.

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(i)

OATH OF OFFICE OF ATOLL CHIEFS(Article 108)

I, …(name of person)..., do swear in the name of Almighty Allah thatI will obey the religion of Islam, that I will uphold the Constitution ofthe Republic of Maldives, that I will bear true faith and allegiance tothe Maldives and the President, that I will uphold the fundamentalrights of the Maldivian citizens and will discharge as decreed anddirected by the President the affairs of the Atoll assigned to me bythe President and the duties and responsibilities of the office ofAtoll Chief honestly and faithfully.

(j)

OATH OF OFFICE OF CHIEF JUSTICE AND JUDGES(Articles 114 & 120)

I, …(name of person)..., do swear in the name of Almighty Allah thatI will obey the religion of Islam, that I will protect the Constitution of theRepublic of Maldives, that I will uphold the rights of the Maldivian citizensand the rights of the Executive and will discharge the responsibilitiesand duties of the office of Chief Justice/Judge honestly and faithfully inaccordance with the principles of Shari’ah and the laws of the Maldives.

(k)

OATH OF OFFICE OF COMMISSIONER OF ELECTIONSAND AUDITOR-GENERAL

(Articles 125 & 131)

I, …(name of person)..., do swear in the name of Almighty Allah that I willobey the religion of Islam, that I will uphold the Constitution of theRepublic of Maldives, that I will bear true faith and allegiance to theMaldives and will discharge the responsibilities and duties of the office ofCommissioner of Elections/Auditor-General honestly and faithfully inaccordance with the Constitution and laws of the Republic of Maldives.

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