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The Maldives Constitution

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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 the
Republic of Maldives. In this Constitution, the
Republic of Maldives shall hereinafter be referred to
as “the Maldives”.
2. The territory of the Maldives shall comprise the
land, air space, sea and seabed within the archipelagic
baselines of the Maldives drawn in accordance with
the law, and shall include the territorial waters, the
seabed and air space thereof beyond the said baselines.
3. The State of the Maldives shall, in accordance
with this Constitution, be the territory of the Maldives,
the citizens of the Maldives and the powers of the State
as a composite whole.
4.—(1) The powers of the State of the Maldives shall
be vested in the citizens. The said powers, for purposes
of 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 the
executive power shall be vested in the President and
the Cabinet of Ministers, the legislative power shall
be vested in the People’s Majlis and the People’s
Special Majlis and the power of administering justice
shall be vested in the President and the courts of the
Maldives.
Republic of
Maldives
Territory of the
Maldives
The State
Powers of the
State
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5. Persons mentioned herein below shall be
citizens of the Maldives:
(a) every person who is a citizen of the Maldives
at the commencement of this Constitution;
(b) every child born to a citizen of the Maldives;
and
(c) every foreigner who, in accordance with the
law, becomes a citizen of the Maldives.
6. The Government of the Maldives shall be the
authorities exercising the powers of the State in
accordance with this Constitution.
7. The religion of the State of the Maldives shall
be Islam.
8. The national language of the Maldives shall be
Dhivehi.
9. The national day of the Maldives shall be the
1st day of the month of Rabeeu al-Awwal.
10. The capital of the Maldives shall be the island
of Male´.
11. The unit of currency of the Maldives shall
be Rufiyaa, which shall be divided into one hundred
Laari.
12.—(1) Any person who, by the threat or use of
force or in violation of the Constitution, abrogates or
attempts to abrogate the Constitution or attempts to
undermine the Constitution or conspires to commit
any of the said acts shall be guilty of high treason.
(2) Any person who aids and abets or is an
accomplice in the commission of any act mentioned
in clause (1) of this Article or any person who has
knowledge of the commission of such act and has
Citizens of the
Maldives
Government of
the Maldives
State religion
National
language
National day
Capital
Currency of the
Maldives
High treason
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failed to report the same shall also be guilty of high
treason.
CHAPTER II
FUNDAMENTAL RIGHTS AND DUTIES OF
CITIZENS
13. Maldivian citizens are equal before and
under the law and are entitled to the equal protection
of the law.
14.—(1) No Maldivian shall be deprived of
citizenship except as may be provided by law.
(2) Any person wishing to renounce the right to
Maldivian citizenship may do so as provided by law.
15.—(1)(a) The right to protection under the law,
the guarantee thereof, and treatment in accordance
with the law shall be an inalienable right of every
Maldivian citizen, irrespective of where he may be, and
of every person while in the Maldives.
(b) No person shall be arrested or detained except
as provided by law. No person shall be detained for a
period exceeding twenty-four hours without being
informed of the grounds of arrest or detention.
(c) No act detrimental to the life, liberty, body,
name, reputation or property of a person shall be
committed except as provided by law.
(d) No person charged with an offence shall be
kept in detention for a period exceeding seven days
except as provided by law.
(2) Any Maldivian citizen subjected to oppressive
treatment shall have the right to appeal against such
Equality of
citizens before
the law
Revocation and
renunciation of
citizenship
Right to be
treated in
accordance with
law and the
right to appeal
against
oppressive
treatment
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treatment to the concerned authorities and to the
President of the Republic.
16.—(1) Every person shall be presumed innocent
until proven guilty.
(2) Every person who is charged with an offence
shall have the right to defend himself in accordance
with Shari’ah. To this effect, such a person shall be
allowed to obtain the assistance of a lawyer whenever
such assistance is required.
17.—(1) No law shall authorise the punishment of
a person for an act or omission that did not constitute
a criminal offence at the time of the act or omission.
(2) No law shall authorise the punishment of a
person for an offence by a penalty greater than, or of a
kind different from the penalty prescribed by law for
that offence at the time that offence was committed.
(3) No person shall be punished for the same offence
more than once.
18. Residential dwellings and the premises
thereof shall be inviolable. Such dwellings and
premises shall not be entered except as provided by
law.
19. Persons shall be free to acquire knowledge
and to impart knowledge provided that such
acquisition and imparting of knowledge does not
contravene law.
20. Letters, messages, telephonic conversations
and such other means of communication shall be
inviolable. Such letters, messages, telephonic
conversations and other means of communication
shall not be intercepted, read, listened to or divulged
except as expressly provided by law.
Presumption of
innocence and
the right of the
accused to
defend himself
Prohibition of
punishment
under
retrospective
legislation
Inviolability of
residential
dwellings and
premises
Freedom of
education
Inviolability of
letters,
messages and
other means of
communication
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21. Every Maldivian citizen shall have the right
to return to the Maldives irrespective of where he may
be and, unless prohibited by law, to leave the Maldives
and 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. No
person shall be deprived of his property except as
provided by law or Shari’ah.
(2) No property of a person shall be compulsorily
acquired by the State except in the instances specified
in law and except for public benefit and unless fair
and just compensation in accordance with law is made
for such property.
(3) Property of a person shall not be forfeited in
substitution for any offence.
(4) Nothing in this Article shall affect the making
of or operation of the following laws:
(a) any law authorising the State to
compulsorily acquire or take possession of,
without compensation, any property that may
be injurious to life or property or health of
the people;
(b) any law authorising the State to forfeit
property proven in court to have been illegally
and wrongfully acquired; and
(c) any law authorising the State to forfeit enemy
property and to dispose of such property.
24. Every citizen shall have the right to practise
any occupation provided that such occupation is not
prohibited by law.
Freedom of
movement
Right to acquire
and hold
property
Protection of
property rights
Right to work
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25. Every citizen shall have the freedom to
express his conscience and thoughts orally or in writing
or by other means, unless prohibited by law in the
interest of protecting the sovereignty of the Maldives,
of maintaining public order and of protecting the basic
tenets of Islam.
26. Persons shall be free to assemble peaceably
and in a manner that does not contravene the law.
27. Persons shall be free to form societies and
associations, unless prohibited by law in the interest
of the protection of sovereignty of the Maldives and
the maintenance of public order.
28. Every Maldivian citizen engaged in
employment shall have the right of pension in
accordance with law.
29. Loyalty to the State and obedience to the
Constitution and to the law of the Maldives shall be
the duty of every Maldivian citizen, irrespective of where
he may be.
30. It shall be the duty of every Maldivian citizen
to protect and uphold the Constitution and the laws
of the Maldives and to honour the freedoms and rights
of others.
31.—(1) Where any law, regulation or any principle
having the force of law is inconsistent with the
fundamental rights stipulated in this Chapter, such
law, regulation or principle shall, to the extent of such
inconsistency, be void.
(2) The fundamental rights stipulated in this
Chapter shall not, temporarily or otherwise, be denied
save in accordance with this Constitution.
Freedom of
assembly
Freedom of
association
Right of
pension
Protection of the
Constitution,
upholding the law
and honouring the
rights of others
Loyalty to the
State and
obedience to the
Constitution
and the law
Voidance of laws,
regulations and
principles
inconsistent with
fundamental
rights
Freedom of
expression
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CHAPTER III
THE EXECUTIVE (1)
THE PRESIDENT
32. There shall be a President of the Maldives
elected in accordance with the Constitution and the
law.
33. The President shall be the Head of State,
Head of Government and the Commander-in-Chief of
the Armed Forces and of the Police of the Maldives.
34. A person shall be qualified to be elected as
President 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 of
criminal breach of trust and thereby brought
into 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 general
public vote in a secret ballot in accordance with the
procedure provided herein below:
(a) The Commissioner of Elections shall, from
among those who have in accordance with law applied
to become candidates for the office of President,
determine in accordance with law, those qualifying
President of the
Republic
Head of State
Qualifications
for election as
President
Procedure for
election of
President
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under Article 34 of this Constitution and shall notify
the same to the Speaker of the People’s Majlis as soon
as expedient and shall make a public announcement
of the same.
(1) The Speaker of the People’s Majlis shall, within
three days of the public announcement of the
candidates for the office of President made pursuant
to clause (a) of this Article, convene a meeting of the
People’s Majlis and shall announce to the Majlis,
names of the said candidates.
(2) The People’s Majlis shall, at the meeting held
pursuant to subclause (a)(1) of this Article, vote in a
secret ballot to select a person from among the
candidates for the office of President announced to
the Majlis by the Speaker of the Majlis at the said
meeting to be nominated for the general public vote to
elect the President. In the said ballot every member
shall vote for one candidate of his choice. The person
who obtains the majority of the Majlis in the said ballot
shall win the ballot. The said ballot shall be held
notwithstanding the fact that a single candidate
qualifies under Article 34 of this Constitution to become
a candidate for the office of President.
(3) Where no candidate obtains a majority of the
Majlis in the ballot held pursuant to subclause (a)(2)
of this Article, the Majlis shall, without adjournment
of the said meeting, continue to ballot among the
candidates who obtained the two highest numbers of
votes until one candidate obtains the majority of the
Majlis. In the event of repeated ballots, voting shall be
among the candidates who obtained the two highest
numbers of votes in the preceding ballot.
(4) In the event of only one person who qualifies
under Article 34 of this Constitution applying to
become a candidate for the office of President, and
where such candidate fails to obtain the majority of
the Majlis in the ballot held pursuant to clause (a) of
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this Article, the process of applying in accordance with
law to become a candidate for the office of President
shall be deemed to have recommenced.
(5) Where none of the persons who applied to
become a candidate for the office of President qualifies
under Article 34 of this Constitution, the
Commissioner 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 of
such notification, convenes a meeting of the Majlis
and informs the Majlis of the same, the process of
applying in accordance with law to become a candidate
for the office of President shall be deemed to have
recommenced.
(b)(1) The Speaker of the Majlis shall notify the
candidate who obtains the majority of the Majlis in
the ballot held pursuant to clause (a) of this Article
that he has obtained the majority of the Majlis and
such candidate having accepted the same, a general
public vote by secret ballot shall be held to elect such
person to the office of President.
(2) In the event that the candidate selected by the
Majlis obtains the majority of the votes cast in the
general public vote held to elect him in accordance
with subclause (b)(1) of this Article, such candidate
shall be elected to the office of President.
(3) Where the candidate selected by the Majlis fails
to obtain the majority of the votes cast in the general
public vote held to elect him in accordance with
subclause (b)(1) of this Article, the process of applying
in accordance with law to become a candidate for the
office of President shall be deemed to have
recommenced.
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(c) Any matter not provided for in the Constitution
and the law concerning the election of President, shall
be decided by a two-thirds majority of the People’s
Majlis.
36. The person elected to the office of President
shall assume office upon taking, before the People’s
Majlis, the oath set out in paragraph (a) of the Schedule
to this Constitution.
37. The term of office of President shall be five
years from the date on which he assumes office. The
President shall, notwithstanding the expiration of his
term of office, continue to hold office until a President
elected in accordance with this Constitution assumes
office.
38. The President shall be the supreme authority
to propagate the tenets of Islam in the Maldives.
39. The President shall be the highest authority
of administering justice in the Maldives.
40. The power to grant pardon to persons
convicted of offences and to commute sentences of such
persons shall be vested in the President.
41. Honours, medals and titles of honour of the
State of the Maldives shall be awarded by the
President.
42. In addition to the powers and functions
expressly conferred on or assigned to the President by
the Constitution and law, the President shall have the
power to execute the following:
(a) Appointment to and removal from office in
accordance with the Constitution, of the Vice-
President, Chief Justice, Speaker and
Deputy Speaker of the People’s Majlis,
Ministers, Attorney-General, representatives
Assumption of
the office of
President
Term of office of
President
Propagation of the
tenets of Islam
Administration
of justice
Grant of pardon
Honours, medals
and titles of
honour
Powers and
duties of the
President
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sent abroad with special privileges on behalf
of the State of the Maldives, Atoll Chiefs,
judges, Auditor-General and Commissioner
of Elections.
(b) Appointment and dissolution of the Cabinet
of Ministers.
(c) Presiding over meetings of the Cabinet of
Ministers and appointment of the Vice-
President or a member of the Cabinet to
preside over the meetings of the Cabinet of
Ministers in the event that the President is
unable to attend such meeting.
(d) Making a statement declaring the policies
of the government at the opening session of
the People’s Majlis every year.
(e) Promulgating decrees, directives and
regulations, as may be required from time to
time for the purposes of ensuring propriety
of the affairs of the government and
compliance with the provisions of the
Constitution and law.
(f) Holding public referendums on major issues
concerning which the President requires to
obtain public opinion.
(g) Declaration of war and peace.
(h) Receiving and recognising on behalf of the
Maldives, ambassadors of foreign states
accredited to the Maldives and
representatives sent with special privileges
by foreign states.
(i) Discharging all such acts and functions that
the President may be required to discharge
under international law, customs and usage
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Immunity of the
President from
suit
which are not inconsistent with the provisions
of the Constitution and written laws.
43. The powers of the President shall be
exercised subject to Shari’ah and the Constitution.
Nothing shall be done in violation of Shari’ah or the
Constitution.
44.—(1) A person holding the office of President
shall enjoy special protection under the law. No act
detrimental to his person shall be committed by
anyone. While any person holds office as President,
no proceedings shall be instituted or continued against
him in any court or tribunal in respect of anything
done or omitted to be done by him either in his official
or private capacity.
(2) After a person has vacated the office of
President, no proceedings shall be instituted against
him in any court or tribunal in respect of anything
done or omitted to be done by him in his official
capacity without contravening the law.
(3) After a person has vacated the office of President,
no proceedings may be instituted against such person
alleging that anything done or omitted to be done by
him during his term of office was in violation of law
unless such matter is duly submitted to the People’s
Majlis and is passed by a two-thirds majority of the
said Majlis.
45.—(1) A person holding the office of President
shall not engage in any private business or be in the
employment of any commercial enterprise or hold any
office of profit.
(2) Nothing in this Article shall restrict transactions
that do not amount to any form of business activity
by a person holding the office of President, in respect
of property owned by him.
Executive
authority of the
President
President not to
engage in any
commercial
enterprise
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Removal from
office of
President
46. The President may, by writing to the
Speaker of the People’s Majlis specifying the reasons
thereof, resign from the office of President. However,
the President shall continue to hold office until such
time the Speaker of the People’s Majlis submits within
three days, the said letter of resignation to the Majlis
and notifies the President in writing of the acceptance
by the People’s Majlis of the said resignation.
47.—(1) The President may be removed from office
where any of the following matters has been alleged
against him and has been dealt with in accordance
with subclauses (2)(a) and (2)(b) of this Article and the
People’s Majlis having deliberated on the report
submitted pursuant to subclause (2)(d) of this Article
by the Committee of Investigation on its findings,
resolves by a two-thirds majority that sufficient
evidence exists to accept the allegations against the
President and hence the President be removed from
office.
(a) The President becomes disqualified under
the provisions of the Constitution for the office of
President.
(b) The President becomes permanently
incapacitated to discharge the functions of his office
by reason of mental or physical infirmity.
(c) Intentional violation of the Constitution.
(d) Commission of an offence for which a hadd
is prescribed in Islam.
(2)(a) A motion to remove the President from office
may be considered in the People’s Majlis only when
one-third of the members of the People’s Majlis write
under their hand addressed to the Speaker of the
Majlis alleging any of the matters mentioned in
Resignation of
the 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, upon
such matter being submitted to the Majlis, resolves
by a two-thirds majority to consider such motion.
(b) The allegation made against the President
shall be investigated by a Committee of Investigation
comprising five persons of which two persons shall
be nominated by the People’s Majlis, two persons
appointed by the President and one person acceptable
to both the People’s Majlis and the President. No
person serving in the said Committee of Investigation
shall be a member of the People’s Majlis. And each of
the said persons shall have the ability and competence
to investigate such a matter. In the event the People’s
Majlis and the President cannot agree upon a person
to be appointed with their concurrence, such person
shall be chosen by a two-thirds majority of the
People’s Majlis. The said Committee of Investigation
shall be presided over by a member of the Committee
upon whom both the People’s Majlis and the President
agree. In the event that the People’s Majlis and the
President cannot agree on such a member, a member
chosen by a two-thirds majority of the People’s Majlis
shall preside over the said Committee.
(c) During the investigation referred to in
subclause (2)(b) of this Article, the President shall have
the right to appear and be heard in the said Committee
in person or by a lawyer.
(d) The Committee of Investigation mentioned
in subclause (2)(b) of this Article shall, within thirty
days from the date of submission to the Committee of
the said matter, submit a report containing its
findings on the matter at issue to the People’s Majlis.
(3) In the event that the People’s Majlis resolves to
remove the President from office in accordance with
clause (1) of this Article, the President shall be deemed
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removed from office with immediate effect upon
notification of the same to the President by the
Speaker of the Majlis.
48.—(1) In the event that the office of President
becomes vacant by reason of death or resignation or
removal from office, the Speaker of the People’s Majlis
shall discharge the functions as Acting President from
the time of occurrence of such vacancy. He shall
continue to discharge the functions as Acting
President until a Council to administer the State is
elected in accordance with clause (2) of this Article
and such Council assumes administration of the State.
(2) Upon commencement of the discharge of
functions as Acting President by the Speaker of the
People’s Majlis in accordance with clause (1) of this
Article or, in the absence of the Speaker, upon
assumption of the said function by a person as provided
in clause (4) of this Article, the People’s Majlis shall be
convened within 72 hours and, to temporarily
discharge the functions of the office of President until
a President is elected in accordance with Article 35 of
the Constitution and assumes the office of President,
a Council comprising three persons to administer the
State shall be elected by a secret ballot of the People’s
Majlis, and the administration of the State shall be
conferred upon the said Council. Each member of the
Council shall have the qualifications required for the
office of a member of the Cabinet of Ministers. The
said Council shall assume the administration of the
State upon its members taking, before the People’s
Majlis, the oath set out in paragraph (b) of the
Schedule to this Constitution.
(3) In the event that the President is unable,
temporarily, to discharge the functions of the office of
President, the Vice-President, if any, shall on behalf
of the President discharge the functions of the said
Discharging of
functions of the
office of
President
during casual
vacancies in the
office
16
office. In the absence of a Vice-President, a member
of the Cabinet of Ministers nominated by the President
shall discharge the same.
(4) Where the office of Speaker of the People’s Majlis
is vacant when due to a reason specified in clause (1)
of this Article the office of President becomes vacant
or where the office of Vice-President is vacant and the
President is unable to nominate a member of the
Cabinet of Ministers to discharge the functions of the
office of President on behalf of the President when the
President is temporarily disabled to discharge his
functions as specified in clause (3) of this Article, the
longest serving member of the Cabinet of Ministers
shall assume and discharge the functions of the office
of President. In the first situation specified in this
clause, such person shall continue to discharge the
functions assumed until the Council to administer
the State is elected in accordance with clause (2) of
this Article and assumes the administration of the
State. In the latter situation, such person shall
continue to discharge the functions assumed until
the President resumes the responsibilities of the office
of President.
(5) The Speaker of the People’s Majlis, Vice-
President or a member of the Cabinet of Ministers
may temporarily assume the administration of the
State in accordance with this Article, upon taking
before the Chief Justice or a Judge of the High Court,
the oath set out in paragraph (b) of the Schedule to
this Constitution.
49.—(1) Upon commencement of the last sixty days
of the term of the office of President, a person shall
be elected to the office of President for a new term in
accordance with Article 35 of this Constitution and all
matters pertaining thereto shall be concluded seven
days prior to the expiration of the term of office.
Election of a
person to the
office of
President prior
to expiration of
term or in the
event of vacancy
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(2) In the event that the office of President becomes
vacant by reason of death or resignation or removal
from office of the President, a person shall be elected
to the office of President in accordance with Article
35 of this Constitution not later than sixty days from
the date of such vacancy.
50. If a person holding the office of President
leaves office in accordance with the law without being
found guilty of any offence, such person shall be
entitled to protection, financial benefits and other
emoluments deemed appropriate for the honour and
the dignity of a person who has held the highest office
of the State. The protection and emoluments to be so
granted shall be specified in law.
51. The President shall have the right to appoint
at his discretion, a Vice-President to discharge the
duties 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 for
the office of President in accordance with this
Constitution.
53.—(1) The President may, at his discretion,
remove the Vice-President from office by writing under
his hand addressed to the Vice-President.
(2) The Vice-President may resign from office by
writing under his hand addressed to the President.
However, the Vice-President shall continue to hold
office until such time the President notifies him of
the acceptance of the said resignation.
Protection and
emoluments
due to a person
who has served
as President
Vice-President
Qualifications
for appointment
as Vice-
President
Resignation and
removal of Vice-
President
18
CHAPTER IV
THE EXECUTIVE (2)
THE CABINET OF MINISTERS
54. There shall be a Cabinet of Ministers
appointed by the President, and the Cabinet shall be
presided over by the President.
55.—(1) The Cabinet of Ministers shall consist of
the Vice-President, if any, Ministers charged with
responsibility for Ministries and the Attorney-General.
(2) Nothing in this Article shall restrict the
President from directly taking charge of a Ministry or
the Attorney-General’s Office, as he deems fit, without
appointing a Minister or an Attorney-General.
56. A person shall be qualified to be appointed
as 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 is
prescribed in Islam or of criminal breach of
trust and thereby brought into disrepute;
and
(g) is not a citizen of a foreign country.
57. Every Minister and the Attorney-General
shall assume office upon taking, before the President,
the oath set out in paragraph (d) of the Schedule to
this Constitution.
Cabinet of
Ministers
Members of the
Cabinet of
Ministers
Qualifications
for appointment
as Ministers or
as the Attorney-
General
Assumption of
office by
Ministers and
the Attorney-
General
19
58. The Cabinet of Ministers shall discharge the
functions assigned to it by the President. The following
shall be included in the said functions:
(a) to assist the President in formulating
government policy on important national and
international matters and issues;
(b) to advise the President on developing the
Maldives economically and socially;
(c) to assist the President in the formulation of
the annual budget of the State and
Government Bills to be submitted to the
People’s Majlis; and
(d) to advise the President on the ratification of
international treaties and agreements signed
by the Government of the Maldives with
foreign governments which require ratification
by the State.
59. Every Minister shall discharge the duties of
his office with loyalty and to the best of his ability.
Every Minister shall be responsible for the functions
assigned to him and shall be accountable to the
President. Any Minister whose negligence causes loss
or damage to the State shall accept the responsibility
thereof.
60.—(1) There shall be an Attorney-
General of the Maldives appointed by the President.
(2) The Attorney-General shall discharge the
functions assigned to him by the President with loyalty
and to the best of his ability. He shall be responsible
for the functions assigned to him and shall be
accountable to the President. And when required by
the President he shall give legal advice.
(3) The State shall be represented in all courts and
tribunals by the Attorney-General or by a person
deputed by him.
Discharging
Ministerial
functions and
responsibilities
and Ministerial
accountability
to the President
Functions of the
Cabinet of
Ministers
The Attorney-
General
20
61.—(1) The President may at his discretion
remove any Minister or the Attorney-General from
office by writing under his hand addressed to such
Minister or the Attorney-General.
(2) A Minister or the Attorney-General may resign
from office by writing under his hand addressed to
the President. However, such Minister or the
Attorney-General shall continue to hold office until
such time that the President notifies him of the
acceptance of the said resignation.
(3) In the event of a vote of no confidence by the
People’s Majlis in a member of the Cabinet of Ministers
being passed in accordance with Article 82 of this
Constitution, such member shall resign from office,
informing the President of the same.
62. The President may dissolve the Cabinet of
Ministers if, in his opinion, the Cabinet of Ministers
is unable to effectively discharge the functions
assigned to the Cabinet. Upon dissolution of the
Cabinet of Ministers, the President shall inform the
People’s Majlis of the fact, specifying the reasons
thereof, and shall appoint a new Cabinet of Ministers
as soon as expedient.
CHAPTER V
THE LEGISLATURE (1)
THE PEOPLE’S MAJLIS
Resignation and
removal of
Ministers and
the Attorney-
General
Dissolution of
the Cabinet of
Ministers
The People’s
Majlis
63. There shall be a People’s Majlis of the
Maldives elected in accordance with the Constitution
and law. The legislative power, except the enactment
of the Constitution, shall be vested in the People’s
Majlis.
21
64. The People’s Majlis shall consist of fifty
members of which eight members shall be appointed
by the President, two members elected from Male´ and
two members elected from each Atoll of the Maldives.
65. The duration of the People’s Majlis shall be
five years from the date on which the first meeting of
the People’s Majlis is held after its election. The
expiration of the said duration of five years shall
operate as the dissolution of the Majlis. Upon
dissolution of the People’s Majlis on the expiration
of its duration, the first meeting of the newly elected
People’s Majlis shall be held.
66. A person shall be qualified to be a member
of 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 is
prescribed in Islam or of criminal breach of
trust; and
(g) is not a citizen of a foreign country.
67. A person elected or appointed as a member
of the People’s Majlis shall assume membership of
the said Majlis upon taking, before the President, the
oath set out in paragraph (e) of the Schedule to this
Constitution.
68.—(1) The Speaker of the People’s Majlis shall
be appointed to and removed from office by the
President.
Composition of
the People’s
Majlis
Duration of the
People’s Majlis
Qualifications
for membership
of the People’s
Majlis
Assumption of
office by
members of the
People’s Majlis
Speaker of the
People’s Majlis
22
(2) A Speaker shall be appointed to the People’s
Majlis seven days prior to the date on which the first
meeting of the newly elected People’s Majlis is to be
held in accordance with Article 65 of this Constitution
or in the event of any vacancy, within seven days of
such vacancy.
(3) The Speaker of the People’s Majlis shall not be
a member of the People’s Majlis. He shall have the
qualifications required for the office of a Minister and
shall, in the opinion of the President, have the
competence to discharge the functions of the office of
Speaker.
(4) The Speaker of the People’s Majlis shall assume
office upon taking, before the President, the oath set
out in paragraph (f) of the Schedule to this
Constitution.
69.—(1) The Speaker shall administer all affairs
of the People’s Majlis, preside over the sittings of the
regular sessions of the Majlis held in accordance with
Article 72 of this Constitution and the extraordinary
sittings of the Majlis convened when directed by the
President and submit to the President all matters
passed by the People’s Majlis.
(2) The Speaker of the People’s Majlis shall in
the event stipulated in clause (1) of Article 48 of this
Constitution, discharge the functions as Acting
President and summon in accordance with clause (2)
of the said Article, the People’s Majlis and carry out
all matters relating to the election of the Council to
administer the State and assign the administration
of the State to the said Council.
70.—(1) The Deputy Speaker of the People’s Majlis
shall be appointed to and removed from office by the
President.
Functions of
the Speaker of
the People’s
Majlis
Deputy Speaker
of the People’s
Majlis
23
(2) A Deputy Speaker shall be appointed to the
People’s Majlis seven days prior to the date on which
the first meeting of the newly elected People’s Majlis is
to be held in accordance with Article 65 of this
Constitution or in the event of any vacancy, within
seven days of such vacancy.
(3) The Deputy Speaker of the People’s Majlis shall
be appointed from among the members of the People’s
Majlis. He shall, in the opinion of the President, have
the competence to discharge the duties of the said
office.
(4) The Deputy Speaker of the People’s Majlis shall
assume office upon taking, before the President, the
oath set out in paragraph (f) of the Schedule to this
Constitution.
71. The Deputy Speaker of the People’s Majlis
shall assist the Speaker of the People’s Majlis in the
discharge of functions conferred upon him. In the
event of any vacancy in the office of the Speaker or
where the Speaker is unable to perform the functions
of his office, unless otherwise stipulated in this
Constitution, the Deputy Speaker shall temporarily
discharge the functions of the Speaker.
72.—(1) There shall be three regular sessions of
the People’s Majlis every year. The dates for the
commencement and conclusion of these sessions shall
be determined by the Speaker of the People’s Majlis.
The Speaker shall inform the President before
convening and upon conclusion of each session of the
People’s Majlis. In addition to the sittings of the
regular sessions of the People’s Majlis, an
extraordinary sitting of the Majlis shall only be held
when directed by the President.
(2) Any sitting of the People’s Majlis except the
sittings mentioned in clause (1) of this Article and
Duties of the
Deputy Speaker
Sittings of the
People’s Majlis
24
the sittings convened pursuant to clause (2) of Article
48 of this Constitution, shall be void and any resolution
passed in such sitting shall also be void.
73.—(1) No sitting of the People’s Majlis shall be
held unless a quorum is present. The quorum of a
sitting of the People’s Majlis shall be a majority of the
members of the People’s Majlis.
(2) If at any time during a sitting of the People’s
Majlis there is no quorum, such a sitting shall either
be adjourned or suspended until there is a quorum.
74. Save the matters which in accordance with
the Constitution require a two-thirds majority for
passage in the People’s Majlis, all matters proposed
for passage in the People’s Majlis shall be passed by a
majority of the Majlis. Twenty-six votes shall be
deemed to constitute a simple majority and thirtyfour
votes shall be deemed to constitute a two-thirds
majority.
75. The President and every member of the
Cabinet of Ministers shall have the right to attend
and address the People’s Majlis. However, members
of the People’s Majlis alone shall be entitled to vote in
the Majlis.
76. No taxation may be levied except by
legislation passed by the People’s Majlis.
77.—(1) No foreign person or party shall own or
be given ownership of any part of the territory of the
Maldives.
(2) No part of the territory of the Maldives shall be
leased or otherwise given possession of to a foreign
person or party for a period exceeding twenty-five years
without the approval of the People’s Majlis.
Quorum
Requisite
majorities
Right of the
President and
the Members of
the Cabinet of
Ministers to
attend and
address the
People’s Majlis
No taxation
without
legislation
Prohibition of
foreign
ownership of
any part of
Maldivian
territory
25
(3) No part of the territory of the Maldives shall be
given to a foreign person or party for a military purpose
for any period without the approval of the People’s
Majlis.
(4) No foreign person or party shall be given
permission to exploit for economic purposes any part
of the Exclusive Economic Zone of the Maldives except
as prescribed by law.
78.—(1) Prior to the commencement of every
financial year, the Minister of Finance shall submit
to the People’s Majlis the estimated expenditure and
income of the State for the year, and the expenditure
and the income of the State for the preceding year
and the budget so proposed shall be passed by the
People’s Majlis.
(2) No supplementary or excess funds shall be
added to an already passed budget unless it has been
submitted to and passed by the People’s Majlis.
79.—(1) A Bill passed by the People’s
Majlis shall be presented to the President within seven
days from the date of its passing, and the President
shall, within thirty days of receipt of the same, assent
to such Bill or return such Bill within the said period
to the People’s Majlis for reconsideration of the Bill or
for consideration of any amendment to such Bill
recommended by the President.
(2) Any Bill returned to the People’s Majlis for
reconsideration in accordance with clause (1) of this
Article shall be assented to by the President if such
Bill, after reconsideration, is passed by a two-thirds
majority of the People’s Majlis. In the event that
such Bill is not passed by a two-thirds majority of the
People’s Majlis, it shall become void.
(3) Where the President within a period of thirty
Annual budget
Assent to Bills
and return of
Bills for
reconsideration
without assent
26
days does not assent to or return for reconsideration
a Bill passed by the People’s Majlis and presented to
him for assent, such Bill shall be deemed to have
received the assent of the President.
80. A Bill passed by the People’s Majlis shall
become law and enter into force upon being assented
to by the President and when such law is published
in the Government Gazette.
81.—(1) Every member of the Cabinet of Ministers
and every Minister may be questioned in the People’s
Majlis concerning any act done or committed in his
official capacity.
(2) Members of the People’s Majlis may question a
member of the Cabinet of Ministers or a Minister
concerning any act done or committed by him in his
private capacity if such act is alleged to be in violation
of law or if such act could cause loss or damage to the
government or the citizens.
(3) A member of the Cabinet of Ministers or a
Minister may be questioned by the members of the
People’s Majlis through the Speaker of the People’s
Majlis, having given fourteen days’ written notice of
such question and in a sitting of the People’s Majlis.
The members of the People’s Majlis may, concerning
such matter, ask as provided in law, oral
supplementary questions in a sitting of the Majlis.
(4) A person questioned by members of the People’s
Majlis in accordance with this Article shall, as provided
in law, answer questions addressed to him.
82. A motion expressing want of confidence in a
member of the Cabinet of Ministers may be moved in
the People’s Majlis by addressing to the Speaker of
the People’s Majlis under the hand of at least ten
members of the People’s Majlis, specifying the reasons
Publication of
laws in the
Government
Gazette and
entry into force
of laws
Questions to
Ministers by
members of the
People’s Majlis
Vote of no
confidence in a
member of the
Cabinet of
Ministers
27
thereof. Such a motion shall be debated in the
People’s Majlis upon submission of such matter to
the Majlis together with a written statement from the
concerned member of the Cabinet, having given such
member of the Cabinet a notice of fourteen days
concerning the said motion. Such member of the
Cabinet of Ministers shall be deemed to be in want of
confidence if the motion expressing want of confidence
in him is passed by a two-thirds majority of the Majlis.
The concerned member of the Cabinet of Ministers
shall have the right to defend himself in the sitting of
the Majlis in which the motion expressing the want
of confidence in him is debated.
83. The validity of a decision of the People’s
Majlis on any matter which is not inconsistent with
the provisions of this Constitution, shall not be
questioned by any court or tribunal or any other such
authority.
84. No member of the People’s Majlis shall be
held liable in respect of any thought expressed or
anything said without contradicting the basic tenets
of Islam or any vote given by him in a duly constituted
sitting of the People’s Majlis or any committee thereof.
85.—(1) The Speaker of the People’s Majlis may
resign from office by writing under his hand addressed
to the President. However, the Speaker of the People’s
Majlis shall continue to hold office until such time
that the President notifies him of the acceptance of
the said resignation.
(2) The Deputy Speaker of the People’s Majlis may
resign from office by writing under his hand addressed
to the President. However, the Deputy Speaker of the
People’s Majlis shall continue to hold office until such
time that the President notifies him of the acceptance
of the said resignation.
Validity of
decisions of the
People’s Majlis
Immunity of the
members of the
People’s Majlis
Resignation of
the Speaker and
the Deputy
Speaker
28
86.—(1) A member of the People’s Majlis may
resign by writing under his hand addressed to the
Speaker of the People’s Majlis. The seat of such
member shall be deemed vacated upon tendering of
the said resignation.
(2)(a) Where a member of the People’s Majlis is
absent without leave of the Speaker for two consecutive
sessions, the seat of such member shall be deemed
vacated.
(b) Where a member of the People’s Majlis is
held in custody pursuant to a sentence of a court for
a period whereby such member is rendered unable
to attend two consecutive sessions of the People’s
Majlis and where the High Court has upheld such
sentence on appeal or the period for appeal against
such sentence has lapsed, the seat of such member
shall be deemed vacated.
(c) Where a member of the People’s Majlis is
detained, 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’s
Majlis becomes disqualified for membership of the
Majlis, or in the event of the death of a member, the
seat of such member shall be deemed vacated.
(b) A member of the People’s Majlis shall be
deemed disqualified for membership of the Majlis if
the High Court so decides upon application by the
State.
(4) Where a member appointed by the President is
removed from the Majlis by the President, the seat of
such member shall be vacated.
Vacation of seat
29
87. Where a seat in the People’s Majlis is vacated
prior to the expiration of the duration of the People’s
Majlis, a new member shall, in accordance with law,
be elected to the seat so vacated within sixty days
from the date of such vacancy. Where the seat vacated
is a seat of a member appointed by the President, a
new member shall be appointed to fill such vacancy
within sixty days of such vacancy.
88. Election of members to the new People’s
Majlis and all matters pertaining thereto shall be
concluded in accordance with law thirty days prior to
the expiration of the existing Majlis.
89. The President shall, in the event that
election of a new People’s Majlis is not possible before
the expiration of the duration of the existing People’s
Majlis by reason of a Proclamation of Emergency as
provided in Article 144 being in operation, have the
authority to extend the duration of the said Majlis for
a determined period by an instrument executed under
his hand and sent to the existing People’s Majlis.
The period of extension shall be specified in the
instrument sent to the People’s Majlis. Such period
of extension shall be for a maximum period of one
year. Notwithstanding the extension of the duration
of the Majlis, where the Proclamation of Emergency
has ceased to be in operation, a new People’s Majlis
shall be elected, in accordance with this Constitution,
within a maximum of sixty days from the date the
Proclamation of Emergency ceased to be in operation.
90.—(1) If, at a time when the People’s Majlis is
not in session a matter arises, for which, in the opinion
of the President, expedient legislation is required, the
President shall have the power to decree and execute,
without contravening the Constitution, such matter
by a Special Order as a provisional law.
(2) Any Special Order decreed by the President as
herein provided shall be laid before the People’s Majlis
Filling of seats
vacated in the
People’s Majlis
Extension of
duration of the
People’s Majlis
Power of
President to
promulgate law
during recess of
the People’s
Majlis
Election of new
Majlis prior to
the expiration of
the duration of
the People’s
Majlis
30
at its first sitting held after such Special Order. In
the event that the People’s Majlis does not pass a
resolution to approve the said Special Order, such
Order shall cease to have effect upon the expiration
of sixty days from the date of such Order. In the
event that a resolution of the People’s Majlis is passed
disapproving the said Order prior to the expiration of
the said sixty days, such Order shall immediately
cease to have effect.
(3) Any Special Order decreed by the President in
accordance with this Article may be withdrawn at any
time by the President.
91. A Secretary-General of the People’s Majlis
shall be appointed and a secretariat thereof shall be
established by the President. The Secretary-General
of the People’s Majlis shall, as may be directed by the
Speaker of the People’s Majlis, organise all the sittings
and all the documentation of the Majlis. Where the
People’s Special Majlis is convened, all such matters
of the said Majlis shall also be undertaken by the
said Secretary-General.
Secretary-
General of the
People’s Majlis
The People’s
Special Majlis
Composition of
the People’s
Special Majlis
CHAPTER VI
THE LEGISLATURE (2)
THE PEOPLE’S SPECIAL MAJLIS
92. The power to make and amend the
Constitution of the Maldives shall be vested in the
People’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 in
number to the members elected to the
People’s Majlis from each constituency; and
(d) eight members appointed by the President.
94. Where the President deems it necessary to
convene the People’s Special Majlis or where the
People’s Majlis resolves to convene the People’s Special
Majlis, the President shall direct the People’s Special
Majlis to be constituted. The People’s Special Majlis
shall convene at a time appointed by the President
and upon conclusion of the business of the Agenda
the said Majlis shall be dissolved by writing under
the hand of the President addressed to the said Majlis.
95. The qualifications for membership of the
People’s Special Majlis shall be the same qualifications
required for membership of the People’s Majlis under
this Constitution.
96. Every member of the People’s Special Majlis
shall assume membership of the said Majlis upon
taking, before the President, the oath set out in
paragraph (g) of the Schedule to this Constitution.
97.—(1) A President and a Vice-President of the
People’s Special Majlis shall be elected from among
its members at the first sitting of the said Majlis.
Where the office of President or that of Vice-President
of the said Majlis becomes vacant prior to the
dissolution of the People’s Special Majlis, a new
member shall be elected to fill such vacancy.
(2) The Speaker of the People’s Majlis shall preside
over the first sitting of the People’s Special Majlis
until a President of the People’s Special Majlis is
elected pursuant to clause (1) of this Article. Upon
election of the President of the People’s Special Majlis,
the Speaker of the People’s Majlis shall cease to preside
over the sitting.
Convening and
dissolution of
the People’s
Special Majlis
Qualifications
for membership
of the People’s
Special Majlis
Assumption of
membership of
the People’s
Special Majlis
President and
Vice-President
of the People’s
Special Majlis
32
98. The President and the Vice-President of
the People’s Special Majlis shall assume office upon
taking, before the President, the oath set out in
paragraph (h) of the Schedule to this Constitution.
99. The President of the People’s Special Majlis
shall administer all affairs of the Majlis, convene
sittings of the Majlis for discharging the duties
assigned to the Majlis, and preside over such sittings
and submit to the President all matters passed by the
Majlis within seven days of their passage.
100. The Vice-President of the People’s Special
Majlis shall assist the President of the People’s Special
Majlis in the discharge of functions conferred upon
him. In the event of any vacancy of the office of the
President of the People’s Special Majlis or where the
President of the People’s Special Majlis is unable to
perform the functions of his office, the Vice-President
shall temporarily discharge the functions of the
President.
101. Any article or provision of this Constitution
may be amended only by a law passed by a majority
of votes in the People’s Special Majlis and assented to
by the President.
102.—(1) Any matter referred to in Article 101 of
this Constitution passed by the People’s Special
Majlis shall be presented to the President within seven
days from the date of its passing and the President
shall, within ninety days of receipt of the same, assent
to such Bill or return such Bill within the said period
to the People’s Special Majlis for reconsideration of
the Bill or for consideration of any amendment to such
Bill recommended by the President.
(2) Any Bill returned to the People’s Special Majlis
for reconsideration in accordance with clause (1) of
Assumption of
office by the
President and the
Vice-President of
the People’s
Special Majlis
Functions of
the President of
the People’s
Special Majlis
Duties of the
Vice-President
of the People’s
Special Majlis
Laws passed by
the People’s
Special Majlis
Assent to Bills
and return of
Bills for
reconsideration
without assent
33
this Article shall be assented to by the President if
such Bill after reconsideration is passed by a twothirds
majority of the People’s Special Majlis. In the
event such Bill is not passed by a two-thirds majority
of the People’s Special Majlis such Bill shall become
void.
(3) Where the President within a period of ninety
days does not assent to or return for reconsideration
a Bill passed by the People’s Special Majlis and
presented to him for assent, such Bill shall be deemed
to have received assent of the President.
(4) A Bill passed by the People’s Special Majlis shall
become law and enter into force upon being assented
to by the President and when such law is published
in the Government Gazette.
103. The validity of a decision of the People’s
Special Majlis, on any matter taken in accordance with
the provisions of this Constitution, shall not be
questioned by any court or tribunal or any other such
authority.
104. No member of the People’s Special Majlis
shall be held liable in respect of any thought expressed
or anything said without contradicting the basic tenets
of Islam or any vote given by him in a duly constituted
sitting of the People’s Special Majlis or any committee
thereof.
105.—(1) A seat in the People’s Special Majlis shall
become vacant prior to the dissolution of the Majlis
upon the death of a member or where a member of
the said Majlis by writing under his hand addressed
to the President of the said Majlis resigns or where a
person who is a member of the People’s Special Majlis,
by reason of being a member of the Cabinet of
Ministers or the People’s Majlis as the case may be,
has ceased to be a member of the Cabinet or the
Validity of
decisions of the
People’s Special
Majlis
Immunity of the
members of
People’s Special
Majlis
Vacation and
filling of seats
in the People’s
Special Majlis
34
People’s Majlis or where a member becomes
disqualified for membership of the People’s Special
Majlis.
(2) A member of the People’s Special Majlis shall
be deemed disqualified for membership of the Majlis if
the High Court so decides upon application by the
State.
(3) Where a member appointed by the President is
removed from the People’s Special Majlis by the
President, the seat of such member shall be vacated.
(4) In the event of a vacation of a seat in the People’s
Special Majlis, where the seat vacated is a seat of a
member appointed by the President, a new member
shall be appointed to fill such vacancy, and where the
seat vacated is a seat of a member elected to the
People’s Special Majlis, a new member shall be elected
to fill such vacancy. However, such vacancy shall be
filled if, in the opinion of the President of the People’s
Special Majlis, the Majlis will remain without
dissolution for a period sufficient for members who
are so elected or appointed to attend the sittings of
the Majlis.
Atoll Chiefs
Qualifications
for appointment
as an Atoll
Chief
CHAPTER VII
ATOLL CHIEFS
106. There shall be an Atoll Chief appointed by
the President for each Atoll of the Maldives.
107. A person shall be qualified to be appointed
as 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 of
age;
(d) is of sound mind;
(e) is a person who in the opinion of the
President has the competence to discharge
the duties and responsibilities of the office
of Atoll Chief;
(f) has not been convicted of an offence during
the past five years for which a hadd is
prescribed in Islam or of criminal breach of
trust; and
(g) is not a citizen of a foreign country.
108. Every Atoll Chief shall assume office upon
taking, before the President, the oath set out in
paragraph (i) of the Schedule to this Constitution.
109. Every Atoll shall be administered, as may
be decreed and directed by the President, by the Atoll
Chief appointed for the Atoll. The President may issue
directions to the Atoll Chief through Ministers.
110. An Atoll Chief may resign from office by
writing under his hand addressed to the President.
However, such Atoll Chief shall continue to hold office
until such time that the President notifies him of the
acceptance of the said resignation.
111. The President may, at his discretion, remove
an Atoll Chief from office.
Assumption of
office by Atoll
Chiefs
Administration
of the Atoll
Resignation of
Atoll Chiefs
Removal of Atoll
Chiefs
The High Court
of the Maldives
CHAPTER VIII
THE JUDICIARY (1)
THE HIGH COURT
112.—(1) There shall be a High Court of the
Maldives. The High Court shall consist of the Chief
36
Justice and such number of Judges as may be
determined by the President.
(2) The Chief Justice and the Judges of the High
Court shall be appointed by the President.
113. A person shall be qualified to be appointed
as the Chief Justice or as a Judge of the High Court if
he —
(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 educational
qualifications and competence to discharge
the duties and responsibilities of the Chief
Justice or of a Judge of the High Court;
(f) has not been convicted of an offence for
which a hadd is prescribed in Islam or of
criminal breach of trust or of bribery; and
(g) is not a citizen of a foreign country.
114. The Chief Justice or a Judge of the High
Court shall assume office upon taking, before the
President, the oath set out in paragraph (j) of the
Schedule to this Constitution.
115.—(1) All appeals from the courts of the
Maldives shall, in accordance with regulations
promulgated by the President, be heard by the High
Court.
(2) The High Court shall hear cases determined
by the President to be filed with the High Court from
among the proceedings instituted by the State.
Qualifications
for appointment
as Chief Justice
and Judges of
the High Court
Jurisdiction of
the High Court
Assumption of
office by the
Chief Justice
and Judges of
the High Court
37
116. The Chief Justice or a Judge of the High
Court may resign from office by writing under his
hand addressed to the President. However, the Chief
Justice or such Judge of the High Court shall continue
to hold office until such time that the President notifies
him of the acceptance of the said resignation.
117. Where, in the opinion of the President, the
Chief Justice or a Judge of the High Court fails to
satisfactorily discharge his duties and responsibilities
or in the event such a person becomes disqualified
under Article 113, the President may remove such
person from office.
Removal of the
Chief Justice
and Judges of
the High Court
Courts
Qualifications
for appointment
as judges of the
courts
Resignation of
the Chief
Justice and
Judges of the
High Court
CHAPTER IX
THE JUDICIARY (2)
THE COURTS
118.—(1) There shall be in the Maldives such
number of courts at such places as may be determined
by the President.
(2) The judges of the courts shall be appointed by
the President.
119. A person shall be qualified to be appointed
as 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 competence
to discharge the duties and responsibilities
of a judge;
38
(f) has not been convicted of an offence for
which a hadd is prescribed in Islam or of
criminal breach of trust or of bribery; and
(g) is not a citizen of a foreign country.
120. A judge of a court shall assume office upon
taking, before the President or before a person
nominated by the President, the oath set out in
paragraph (j) of the Schedule to this Constitution.
121. A Minister assigned by the President shall
have the authority to issue directives and orders
concerning the administration of courts and the
conduct of judges.
122. A judge of a court may resign from office by
writing under his hand addressed to the President.
However, such judge shall continue to hold office until
such time that the President notifies him of the
acceptance of the said resignation.
123. The President may at his discretion remove
a judge of any court from office.
Administration
of the courts
Resignation of
judges
Removal of
judges of the
courts
Auditor-General
Assumption of
office by judges
of the courts
CHAPTER X
THE AUDITING AND MAINTENANCE OF
ACCOUNTS OF THE STATE
124.—(1) There shall be an Auditor-General of the
Maldives appointed by the President.
(2) A person appointed to the office of Auditor-
General shall have the qualifications required for
membership of the People’s Majlis and shall, in the
opinion of the President, have the competence to
perform the duties of the said office.
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125. The Auditor-General shall assume office
upon taking, before the President, the oath set out in
paragraph (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 the
State, prepare the reports thereof, and perform other
duties concerning the accounts of the State.
127. The accounts of the State shall be kept and
maintained in such form and manner prescribed by
the Auditor-General on the advice of the President.
128. The Auditor-General may resign from office
by writing under his hand addressed to the President.
However, the Auditor-General shall continue to hold
office until such time that the President notifies him
of the acceptance of the said resignation.
129. The President may remove the Auditor-
General from office if in the opinion of the President
the Auditor-General has failed to satisfactorily perform
the duties of his office.
Assumption of
office by the
Auditor-General
Duties of the
Auditor-General
Maintenance of
accounts of the
State
Resignation of
the Auditor-
General
Removal of the
Auditor-General
CHAPTER XI
ELECTIONS AND PUBLIC VOTES
130.—(1) The President shall appoint a
Commissioner of Elections to organise and conduct
elections in the Maldives.
(2) A person appointed to the office of
Commissioner of Elections shall have the qualifications
required for membership of the People’s Majlis and
shall, in the opinion of the President, have the
competence to perform the duties of the said office.
Commissioner
of Elections
40
131. The Commissioner of Elections shall assume
office upon taking, before the President, the oath set
out in paragraph (k) of the Schedule to this
Constitution.
132. It shall be the duty of the Commissioner of
Elections, in accordance with the Constitution and
law, to organise and conduct the general public vote
to elect the President, elections of the members of
the People’s Majlis and the People’s Special Majlis
and public referendums as may be required by the
President to obtain public opinion.
133. Voting in elections and public referendums
stipulated in the Constitution and the law shall be by
secret ballot.
134. A person shall be qualified to be a voter in
elections and public referendums stipulated in the
Constitution 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 concerning
elections to the People’s Majlis or the People’s Special
Majlis shall be made except by an election petition
presented to a court determined by the President.
136. The Commissioner of Elections may resign
from office by writing under his hand addressed to
the President. However, the Commissioner of Elections
shall continue to hold office until such time that the
President notifies him of the acceptance of the said
resignation.
Assumption of
office by the
Commissioner
of Elections
Duties of the
Commissioner
of Elections
Qualifications
of voters
Elections and
public
referendums by
secret ballot
Election
petitions
Resignation of
the
Commissioner
of Elections
41
137. The President may remove the
Commissioner of Elections from office if in the opinion
of the President the Commissioner of Elections has
failed to perform satisfactorily the duties of his office.
Property and
assets of the
State and
acquired for the
State
Land, sea and
natural
resources
Property
without a
rightful owner
Removal of the
Commissioner
of Elections
CHAPTER XII
PROPERTY, LIABILITIES AND SUITS OF
THE STATE
138.—(1) All property, assets and monies which at
the commencement of this Constitution were vested
in the State shall continue to vest in the State.
(2) All property, assets and monies acquired for
the State shall vest in the State.
139.—(1) All land, sea and the fish therein, and
the seabed within the territory of the Maldives and
naturally occurring resources, including metallic ores,
oil, gas and other things of value thereof shall vest in
the State.
(2) All living and non-living resources of the
Exclusive Economic Zone and the seabed thereof, shall
vest in the State.
140.—(1) Any property found within the territory
of the Maldives and any property occurring in the
seabed or found drifting in the sea, save those
naturally occurring or formed in the sea, without a
rightful owner, shall vest in the State.
(2) All property such as gold, silver, jewellery,
money, household items and items of historical value
found buried in the ground without a rightful owner,
shall vest in the State.
42
141. The President shall have the authority, in
accordance with law, to give, sell, lease, and mortgage
any property or assets of the State, if such transaction
is needed for the State.
142. The State may borrow in accordance with
law such sums of money and for such periods as the
President may determine. And the government may
guarantee repayment of sums so borrowed within such
periods as may be determined by the President.
143. The government shall have the right to sue
on behalf of the State and to defend any action against
the State in any court of the Maldives, or in any foreign
court or in any such other place.
Authority for
transactions
involving property
and assets of the
State
Authority to
borrow on
behalf of the
State
CHAPTER XIII
PROCLAMATION OF EMERGENCY
144. Where the President has determined that
the security of the Maldives or part thereof is
threatened by war or foreign aggression or civil unrest,
the President shall have the right to issue a
Proclamation of Emergency.
145. While the Proclamation of Emergency is in
force, the President shall have the power to take and
order all measures expedient to protect national
security and public order. Such measures may
include the suspension from time to time of
fundamental rights as deemed appropriate by the
President and suspension of laws which in the
opinion of the President impede the maintenance of
national security and public order.
146.—(1) A Proclamation of Emergency shall
initially be valid for a period of three months. In the
event that the President has determined that such
Authority to sue
on behalf of the
State and to
defend action
against the
State
Proclamation of
Emergency
Powers of the
President
during a
Proclamation of
Emergency
Duration and
revocation of a
Proclamation of
Emergency
43
Proclamation of Emergency should be extended for a
period exceeding three months, such matter shall be
laid before the People’s Majlis prior to the expiration
of the three months and the Proclamation of
Emergency may be extended, if passed by the People’s
Majlis, for a period determined by the Majlis. Where
the period of Proclamation of Emergency is not
extended as mentioned herein, upon expiration of the
said three months such Proclamation of Emergency
shall lapse.
(2) The President may revoke the Proclamation of
Emergency while it is in force where to the satisfaction
of the President there exists no circumstance requiring
continuation of the Proclamation of Emergency.
(3) Upon the expiration of the Proclamation of
Emergency, and within one month from such date, a
written report on the emergency that occurred shall
be submitted to the People’s Majlis by the President.
No law to be
contrary to the
Constitution
Signing and
acceptance of
agreements
CHAPTER XIV
GENERAL PROVISIONS
147. No bilateral agreement between the
Government of the Maldives and the government of a
foreign country and no multilateral agreement shall
be signed or accepted by the Government of the
Maldives unless the President has authorised in
writing such signature or acceptance. In the event
that such agreement requires ratification by the
Maldives such agreement shall not come into effect
unless the President has ratified the same on the
advice of the Cabinet of Ministers.
148.—(1) No law shall be made in contravention
of this Constitution or the manner provided herein
by any legislative body or any other body with legislative
competence.
44
(2) Where any part of a proposed Bill or existing
law is contrary to the provisions of this Constitution,
such part shall be void.
149. Unless passed otherwise by the People’s
Majlis or the People’s Special Majlis, the laws in force
at the time this Constitution comes into force which
are not inconsistent with the provisions of this
Constitution shall continue to remain in force.
However, such laws may be amended in accordance
with the procedures laid down in this Constitution
for the enactment of laws.
150.—(1) Where inexpediencies exist or where
further procedures are required to be introduced to
give effect to any provisions of this Constitution, the
President shall have the power to defer giving effect
to such provisions for a maximum period of two years
from the date the Constitution comes into force. Where
any provisions of this Constitution require for their
implementation, amendment of existing practices,
the President shall have the power to defer the
implementation of such provisions with the necessary
amendments to such practices for a maximum period
of two years from the date this Constitution comes
into force.
(2) Matters, the implementation of which is
deferred, and matters the implementation of which is
deferred for implementation with amendments, shall
be determined by a Special Order of the President.
151. Acts done pursuant to or in accordance with
any law which is repealed upon the commencement
of this Constitution due to its inconsistency with the
Constitution shall, unless otherwise provided in this
Constitution, remain valid and the repeal of any such
law shall not affect any right or privilege of a person
under such law or punishment enforced or being
enforced under such law.
Compliance
with and
amendments to
laws in force
Inexpediencies
at the time this
Constitution
comes into
force
Repeal of laws
contravening the
Constitution
45
152. Terms, periods of time and dates in this
Constitution shall be ascertained in accordance with
the Gregorian Calendar.
153. No heading contained anywhere in this
Constitution shall be a part of this Constitution.
Manner of
ascertaining
period and date
Headings in the
Constitution
Title of the
Constitution
and the date of
coming into
force
Repeal of the
Constitution of
1968
CHAPTER XV
COMMENCEMENT OF THIS
CONSTITUTION AND
REPEAL OF THE CONSTITUTION OF
1968
154.—(1) This Constitution shall be called “The
Constitution of the Republic of Maldives”.
(2) This Constitution having been passed by the
People’s Special Majlis and assented to by the
President, shall come into force on the date appointed
and proclaimed by the President for its
commencement.
155. “The Constitution of the Republic of
Maldives” that came into force on the 11th day of
November 1968 shall stand repealed with effect from
the date this Constitution comes into force.
46
CHAPTER XVI
INTERPRETATION OF WORDS AND
PHRASES
Interpretation
of words and
phrases
156. In this Constitution, unless the context
otherwise requires, the following expressions have the
meanings hereby respectively assigned to them, that
is to say:
Unitary State means a State in which the powers of
the State are vested in one government and where
the said powers are not shared with any territorial
divisions which constitute such State.
Sea includes the sea outside, between and within
atolls, reefs, lagoons and such other waters.
Citizen means any citizen of the Maldives in
accordance with law.
Law means Acts passed by the People’s Majlis and
the People’s Special Majlis and assented to by the
President at any time prior to and after the
commencement of this Constitution and includes the
regulations made under such laws and the practices
of the government. In this Constitution the word ‘law’
also includes the norms and provisions of Shari’ah
established by the Noble Quran and the traditions of
the Noble Prophet, and the rules derived therefrom.
Court means any place where trials are held.
Punishment means the penalty prescribed by law for
an offence defined in the law.
Public order means the preservation and continuance
of the rule of law, public security and the good of all.
47
Enemy means any foreign party that commits an act
against the sovereignty or independence of the
Maldives and any Maldivian accomplice in the
commission of such act.
Fundamental rights means the fundamental rights
stipulated in Chapter II of this Constitution.
Secret ballot means the act of giving or taking votes
in a manner whereby, while voting, no person is aware
of the vote given by another.
Propagation of the tenets of Islam means the
administration of the faith, beliefs and the doctrines
of Islam and the facilitation of the practice of the same.
Agreement means all agreements legally binding on
the Government of the Maldives.
Tax means all taxes and duties except any fee or rent
charged for a service rendered or for work done.
Land means islands, sand-banks and all other such
places drying above the sea.
----------------------------------------
48
SCHEDULE
OATHS OF OFFICE
(a)
OATH OF OFFICE OF PRESIDENT
(Article 36)
I, ...(name of person)..., do swear in the name of Almighty Allah
that I will obey the religion of Islam, that I will protect the
Constitution of the Republic of Maldives and the fundamental rights
of the Maldivian citizens, that I will bear true faith and allegiance
to the Maldives and will discharge the responsibilities and duties
of the office of President honestly and faithfully in accordance
with the Constitution of the Republic of Maldives.
(b)
OATH OF OFFICE OF PERSONS FILLING CASUAL VACANCY
OF THE OFFICE OF PRESIDENT
(Article 48)
I, ...(name of person)..., do swear in the name of Almighty Allah that
I will obey the religion of Islam, that I will protect the Constitution
of the Republic of Maldives and the fundamental rights of the
Maldivian citizens, that I will bear true faith and allegiance to the
Maldives and will on behalf of the President/as Acting President/as
member of the Council to administer the State discharge the
responsibilities and duties of administering the State honestly and
faithfully in accordance with the Constitution of the Republic of
Maldives.
49
(c)
OATH OF OFFICE OF VICE-PRESIDENT
(Article 51)
I, ...(name of person)..., do swear in the name of Almighty Allah that
I will obey the religion of Islam, that I will protect the Constitution of
the Republic of Maldives and the fundamental rights of the Maldivian
citizens, that I will bear true faith and allegiance to the Maldives and
the President and will discharge the responsibilities and duties of
the office of Vice-President honestly and faithfully in accordance
with the Constitution and laws of the Republic of Maldives.
(d)
OATH OF OFFICE OF MINISTERS AND THE
ATTORNEY-GENERAL
(Article 57)
I, ...(name of person)..., do swear in the name of Almighty Allah
that I will obey the religion of Islam, that I will protect the
Constitution of the Republic of Maldives and the fundamental rights
of the Maldivian citizens, that I will bear true faith and allegiance to
the Maldives and the President and will discharge the duties assigned
to me by the President honestly and faithfully in accordance with
the 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 that
I will obey the religion of Islam, that I will protect the Constitution of
the Republic of Maldives and the rights of the Maldivian citizens
and the rights of the Executive, that I will bear true faith and
allegiance to the Maldives and will discharge the duties as a member
of the People’s Majlis honestly and faithfully.
50
(f)
OATH OF OFFICE OF THE SPEAKER AND THE DEPUTY
SPEAKER OF THE PEOPLE’S MAJLIS
(Articles 68 & 70)
I, …(name of person)..., do swear in the name of Almighty Allah that
I will obey the religion of Islam, that I will protect the Constitution of
the Republic of Maldives and the rights of the Maldivian citizens
and the rights of the Executive, that I will bear true faith and
allegiance to the Maldives and the President and will discharge the
responsibilities and duties of the office of Speaker/Deputy Speaker
honestly and faithfully in accordance with the Constitution of the
Republic of Maldives.
(g)
OATH OF OFFICE OF MEMBERS OF THE PEOPLE’S SPECIAL
MAJLIS
(Article 96)
I, …(name of person)..., do swear in the name of Almighty Allah that
I will obey the religion of Islam and the Constitution of the Republic of
Maldives, that I will bear true faith and allegiance to the Maldives, that
I will uphold the rights of the Maldivian citizens and will discharge the
duties as a member of the People’s Special Majlis honestly and faithfully.
(h)
OATH OF OFFICE OF PRESIDENT AND VICE-PRESIDENT OF
THE PEOPLE’S SPECIAL MAJLIS
(Article 98)
I, …(name of person)...,do swear in the name of Almighty Allah that
I will obey the religion of Islam and the Constitution of the Republic
of Maldives, that I will bear true faith and allegiance to the Maldives,
that I will uphold the rights of the Maldivian citizens and will discharge
the duties of the office of President/Vice-President of the People’s
Special Majlis honestly and faithfully.
51
(i)
OATH OF OFFICE OF ATOLL CHIEFS
(Article 108)
I, …(name of person)..., do swear in the name of Almighty Allah that
I will obey the religion of Islam, that I will uphold the Constitution of
the Republic of Maldives, that I will bear true faith and allegiance to
the Maldives and the President, that I will uphold the fundamental
rights of the Maldivian citizens and will discharge as decreed and
directed by the President the affairs of the Atoll assigned to me by
the President and the duties and responsibilities of the office of
Atoll 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 that
I will obey the religion of Islam, that I will protect the Constitution of the
Republic of Maldives, that I will uphold the rights of the Maldivian citizens
and the rights of the Executive and will discharge the responsibilities
and duties of the office of Chief Justice/Judge honestly and faithfully in
accordance with the principles of Shari’ah and the laws of the Maldives.
(k)
OATH OF OFFICE OF COMMISSIONER OF ELECTIONS
AND AUDITOR-GENERAL
(Articles 125 & 131)
I, …(name of person)..., do swear in the name of Almighty Allah that I will
obey the religion of Islam, that I will uphold the Constitution of the
Republic of Maldives, that I will bear true faith and allegiance to the
Maldives and will discharge the responsibilities and duties of the office of
Commissioner of Elections/Auditor-General honestly and faithfully in
accordance with the Constitution and laws of the Republic of Maldives.

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