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Constitution of the Republic of the Maldives

h

Functional Translation of the

Constitution
of the
Republic of Maldives
2008

Done By
Ms. Dheena Hussain
LLB. (Hons), (Birmingham), LLM. (London), Barrister-at-Law (Lincoln’s Inn)

At the Request of
Ministry of Legal Reform, Information and Arts

i
INDEX

Article Page No

CHAPTER I
STATE, SOVEREIGNTY AND CITIZENS

1. Constitution …………………………………………………………………………………. 1
2. Republic of the Maldives ……………………………………………………………… 1
3. Territory of the Maldives ……………………………………………………………… 1
4. Powers of the citizens …………………………………………………………………… 1
5. Legislative power …………………………………………………………………………. 1
6. Executive power …………………………………………………………………………… 1
7. Judicial power ……………………………………………………………………………… 1
8. Supremacy of Constitution ………………………………………………………….. 2
9. Citizens ………………………………………………………………………………………… 2
10. State Religion …………………………………………………………………………….. 2
11. National Language …………………………………………………………………….. 2
12. National Flag ……………………………………………………………………………… 2
13. Currency of the Maldives……………………………………………………………. 3
14. Capital ……………………………………………………………………………………….. 3
15. National Day ……………………………………………………………………………… 3

CHAPTER II
FUNDAMENTAL RIGHTS AND FREEDOMS

16. Guarantee of Rights …………………………………………………………………… 3
17. Non-discrimination ……………………………………………………………………. 5
18. Duty of the State ………………………………………………………………………… 5
19. Freedom from restraint ……………………………………………………………… 5
20. Equality ……………………………………………………………………………………… 5
21. Right to life ………………………………………………………………………………… 5
22. Protection of the environment …………………………………………………… 5
23. Economic and social rights ………………………………………………………… 6
24. Privacy ……………………………………………………………………………………….. 6
25. No slavery or forced labour ………………………………………………………… 7
26. Right to vote and run for public office ………………………………………… 7
27. Freedom of expression ………………………………………………………………. 7
28. Freedom of the media ………………………………………………………………… 7
29. Freedom of acquiring and imparting knowledge ………………………… 7
30. Freedom to form political parties, associations and societies …….. 8
31.
Right to strike …………………………………………………………………………….. 8

ii 32. Freedom of assembly …………………………………………………………………. 8
33. Right to protect reputation and name ………………………………………… 8
34. Right to marry and establishment of the family …………………………. 8
35. Special protection to children, young, elderly and
_…..disadvantaged people…………………………………………………………………. 8
36. Right to education ……………………………………………………………………… 9
37. Right to work ……………………………………………………………………………… 9
38. Right of pension ……………………………………………………………………….. 10
39. Right to participate in cultural life ……………………………………………. 10
40. Right to acquire and hold property …………………………………………… 10
41. Freedom of movement and establishment ……………………………….. 11
42. Fair and transparent hearings ………………………………………………….. 11
43. Fair administrative action ………………………………………………………… 12
44. Personal liability ………………………………………………………………………. 12
45. No unlawful arrest or detention ……………………………………………….. 12
46. Power of arrest and detention ………………………………………………….. 12
47. Search and seizure ……………………………………………………………………. 13
48. Rights on arrest and detention …………………………………………………. 13
49. Release of accused ……………………………………………………………………. 13
50. Prompt investigation and prosecution ……………………………………… 14
51. Rights of the accused ……………………………………………………………….. 14
52. Confessions and illegal evidence ………………………………………………. 15
53. Assistance of legal counsel ……………………………………………………….. 15
54. No degrading treatment or torture …………………………………………… 15
55. No imprisonment for non-fulfilment of contractual
__…obligation ………………………………………………………………………………… 15
56. Right to appeal …………………………………………………………………………. 15
57. Humane treatment of arrested or detained persons …………………. 15
58. Compensation ………………………………………………………………………….. 16
59. Retrospective legislation ………………………………………………………….. 16
60. Prohibition of double jeopardy …………………………………………………. 16
61. Publication of acts and regulations …………………………………………… 16
62. Retention of other rights ………………………………………………………….. 17
63. Voidance of laws inconsistent with fundamental rights
……………. 17
64. Non-compliance with unlawful orders ……………………………………… 17
65. Application to court to obtain a remedy …………………………………… 17
66. Voidance of laws inconsistent with rights and freedoms ………….. 18
67. Responsibilities and duties ………………………………………………………. 18
68. Interpretation…………………………………………………………………………… 19
69. Non-destructive interpretation of Constitution ………………………… 19

iii CHAPTER III
THE PEOPLE’S MAJLIS

70. Legislative authority…………………………………………………………………. 19
71. Determination of the composition of the People’s Majlis …………. 20
72. Election of members ………………………………………………………………… 21
73. Qualifications of members ……………………………………………………….. 22
74. Court jurisdiction …………………………………………………………………….. 24
75. Function of members ……………………………………………………………….. 24
76. Declaration of assets ………………………………………………………………… 24
77. Resignation ………………………………………………………………………………. 24
78. Filling vacancy …………………………………………………………………………. 24
79. Term of the People’s Majlis ………………………………………………………. 24
80. Extension of term of the People’s Majlis …………………………………… 25
81. Oath of office of members of the People’s Majlis ………………………. 25
82. Speaker and Deputy Speaker of the People’s Majlis …………………. 25
83. Sittings of the People’s Majlis …………………………………………………… 27
84. Presidential address …………………………………………………………………. 27
85. Proceedings open to the public ………………………………………………… 27
86. Quorum ……………………………………………………………………………………. 27
87. Voting ………………………………………………………………………………………. 27
88. Regulation of procedure …………………………………………………………… 28
89. Publication of proceedings of the People’s Majlis …………………….. 29
90. Privilege …………………………………………………………………………………… 29
91. Presidential assent or return for reconsideration ……………………… 29
92. Publication of laws in the Government Gazette ………………………… 30
93. Treaties ……………………………………………………………………………………. 30
94. Delegation of power to make regulations and orders with
_…..lawful authority ………………………………………………………………………… 30
95. Reference to Supreme Court …………………………………………………….. 31
96. Annual budget ………………………………………………………………………….. 31
97. Taxation and expenditures ……………………………………………………….. 31
98. Questioning of Ministers and members of the Government ……… 32
99. Summoning persons ………………………………………………………………… 33
100. Removal of President or Vice President ………………………………….. 33
101. Vote of no confidence in a member of the Cabinet ………………….. 34
102. Salary and allowances …………………………………………………………….. 35
103. Improper benefit ……………………………………………………………………. 35
104. Secretary General …………………………………………………………………… 35
105. Security ………………………………………………………………………………….. 35

iv CHAPTER IV
THE PRESIDENT

106. Executive power ……………………………………………………………………… 36
107. Term of office …………………………………………………………………………. 36
108. Manner of Presidential election ……………………………………………… 36
109. Qualifications for election as President …………………………………… 36
110. Election ………………………………………………………………………………….. 37
111. Presidential election ……………………………………………………………….. 37
112. Vice President ………………………………………………………………………… 38
113. Jurisdiction of the Supreme Court ………………………………………….. 38
114. Oath of office of the President and Vice President ………………….. 39
115. Powers and responsibilities of the President ………………………….. 39
116. Government Ministries …………………………………………………………… 41
117. Responsibilities of the Vice President …………………………………….. 42
118. Salary and allowances …………………………………………………………….. 42
119. Restrictions ……………………………………………………………………………. 42
120. Declaration of assets ………………………………………………………………. 42
121. Resignation …………………………………………………………………………….. 42
122. Vacancy of office of Vice President …………………………………………. 43
123. Temporary inability of the President to perform his
____responsibilities ………………………………………………………………………. 43
124. Temporary incapacity to carry out duties ……………………………….. 44
125. Presidential elections on the vacancy of the office of
___..President and Vice President ………………………………………………….. 44
126. Oath of office by persons temporarily discharging the
___..duties of the office of President and Vice President ………………… 45
127. Criminal accountability ………………………………………………………….. 45
128. Immunity to a person who has served as the President ………….. 45

CHAPTER V
THE CABINET OF MINISTERS

129. Cabinet of Ministers ……………………………………………………………….. 46
130. Qualifications of Ministers ……………………………………………………… 46
131. Oath of office ………………………………………………………………………….. 47
132. Responsibilities of the Cabinet ……………………………………………….. 47
133. Attorney General
……………………………………………………………………. 48
134. Accountability and responsibility of the Cabinet …………………….. 49
135. Salary and allowances …………………………………………………………….. 50
136. Restrictions ……………………………………………………………………………. 50
137. Dismissal………………………………………………………………………………… 50
138. Declaration of assets ………………………………………………………………. 50

v 139. Resignation …………………………………………………………………………….. 50
140. A minister to be responsible for each government
____authority ………………………………………………………………………………… 50

CHAPTER VI
THE JUDICIARY

141. Judiciary ………………………………………………………………………………… 51
142. Compliance with Law ……………………………………………………………… 52
143. Jurisdiction of the courts ……………………………………………………….. 52
144. Powers in constitutional matters ……………………………………………. 52
145. Supreme Court ……………………………………………………………………….. 53
146. High Court ……………………………………………………………………………… 54
147. Appointment of the Chief Justice ……………………………………………. 54
148. Appointment of Judges ………………………………………………………….. 54
149. Qualifications of Judges …………………………………………………………. 55
150. Oath of office of Judges ………………………………………………………….. 55
151. Full time performance ……………………………………………………………. 56
152. Salary and allowances …………………………………………………………….. 56
153. Declaration of assets ………………………………………………………………. 56
154. Tenure and removal ……………………………………………………………….. 56
155. Power to determine the jurisdiction of courts and to enact
____administrative laws relating to the courts ………………………………. 56
156. Administration of the courts …………………………………………………… 56

CHAPTER VII
INDEPENDENT COMMISSIONS AND OFFICES

JUDICIAL SERVICE COMMISSION

157. Judicial Service Commission ………………………………………………….. 57
158. Composition of the Judicial Service Commission …………………… 57
159. Responsibilities and powers …………………………………………………… 58
160. Constituting the Judicial Service Commission ……………………….. 59
161. Term of office of members of the Judicial Service
____Commission …………………………………………………………………………… 59
162. Resignation from membership of the Judicial Service
____Commission …………………………………………………………………………… 60
163. Quorum and voting ………………………………………………………………… 60
164.
Salary and allowances …………………………………………………………….. 60
165. Removal from office ……………………………………………………………….. 60
166. Oath of office ………………………………………………………………………….. 60

vi ELECTIONS COMMISSION

167. Elections Commission ……………………………………………………………. 61
168. Appointment and composition of the Elections
____Commission …………………………………………………………………………… 61
169. Qualifications …………………………………………………………………………. 61
170. Responsibilities and powers …………………………………………………… 62
171. Voting and recording of results ………………………………………………. 63
172. Elections petitions ………………………………………………………………….. 63
173. Term of office of members of the Elections Commission ………… 63
174. Resignation from membership of the Elections
____Commission …………………………………………………………………………… 63
175. Quorum and voting ………………………………………………………………… 64
176. Salary and allowances …………………………………………………………….. 64
177. Removal from office ……………………………………………………………….. 64
178. Oath of office ………………………………………………………………………….. 64

CIVIL SERVICE COMMISSION

179. Civil Service Commission ……………………………………………………….. 65
180. Appointment and composition of the Civil Service
____Commission …………………………………………………………………………… 65
181. Qualifications …………………………………………………………………………. 65
182. Responsibilities and powers …………………………………………………… 66
183. Term of office of members of the Civil Service Commission …… 68
184. Resignation from membership of the Civil Service
____Commission …………………………………………………………………………… 68
185. Quorum and voting ………………………………………………………………… 68
186. Salary and allowances …………………………………………………………….. 68
187. Removal from office ……………………………………………………………….. 68
188. Oath of office ………………………………………………………………………….. 69

HUMAN RIGHTS COMMISSION

189. Human Rights Commission ……………………………………………………. 69
190. Appointment and composition of the Human Rights
____Commission …………………………………………………………………………… 69
191. Qualifications …………………………………………………………………………. 70
192.
Responsibilities and powers …………………………………………………… 70
193. Term of office of members of the Human Rights
____Commission …………………………………………………………………………… 71

vii 194. Resignation from membership of the Human Rights
____Commission …………………………………………………………………………… 71
195. Quorum and voting ………………………………………………………………… 71
196. Salary and allowances …………………………………………………………….. 71
197. Removal from office ……………………………………………………………….. 71
198. Oath of office ………………………………………………………………………….. 72

ANTI-CORRUPTION COMMISSION

199. Anti-Corruption Commission …………………………………………………. 72
200. Appointment and composition of the Anti-Corruption
____Commission …………………………………………………………………………… 72
201. Qualifications …………………………………………………………………………. 73
202. Responsibilities and powers …………………………………………………… 73
203. Term of office of members of the Anti-Corruption
____Commission …………………………………………………………………………… 74
204. Resignation from the Anti-Corruption Commission ……………….. 74
205. Quorum and voting ………………………………………………………………… 74
206. Salary and allowances …………………………………………………………….. 74
207. Removal from office ……………………………………………………………….. 74
208. Oath of office ………………………………………………………………………….. 75

AUDITOR GENERAL

209. Auditor General ……………………………………………………………………… 75
210. Appointment of Auditor General ……………………………………………. 75
211. Qualifications of Auditor General …………………………………………… 75
212. Responsibilities and powers …………………………………………………… 75
213. Reporting ……………………………………………………………………………….. 77
214. Audit of the Auditor General’s office ………………………………………. 77
215. Term of office of the Auditor General ……………………………………… 77
216. Resignation of Auditor General ………………………………………………. 77
217. Salary and allowances …………………………………………………………….. 77
218. Removal from office ……………………………………………………………….. 77
219. Oath of office ………………………………………………………………………….. 77

PROSECUTOR GENERAL

220. Prosecutor General …………………………………………………………………. 78
221. Appointment of Prosecutor General ……………………………………….. 78

viii 222. Qualifications of Prosecutor General ………………………………………. 78
223. Responsibilities and powers of the Prosecutor General ………….. 79
224. Acting through agents …………………………………………………………….. 80
225. Term of office of the Prosecutor General ………………………………… 80
226. Resignation of Prosecutor General …………………………………………. 80
227. Salary and allowances …………………………………………………………….. 80
228. Removal from office ……………………………………………………………….. 80
229. Oath of office ………………………………………………………………………….. 81

CHAPTER VIII
DECENTRALISED ADMINISTRATION

230. Decentralised administration …………………………………………………. 81
231. Election of Councils ……………………………………………………………….. 82
232. Responsibilities ………………………………………………………………………. 82
233. Authority to enact subordinate legislation ……………………………… 83
234. Finance …………………………………………………………………………………… 83
235. Ownership of property and liability for debts …………………………. 83

CHAPTER IX
SECURITY SERVICES

236. Security services …………………………………………………………………….. 83
237. Responsibilities and duties …………………………………………………….. 83
238. Constitutional limitations ………………………………………………………. 83
239. Authority of the People’s Majlis over the security services ……… 84
240. Separate services ……………………………………………………………………. 84
241. Multiparty committee of the People’s Majlis …………………………… 84
242. Ministerial Responsibility ………………………………………………………. 84
243. Military Service ………………………………………………………………………. 84
244. Police Service …………………………………………………………………………. 84
245. Illegal orders and non-compliance …………………………………………. 85
246. Equal treatment ……………………………………………………………………… 85

CHAPTER X
PROPERTY, LIABILITIES AND LEGAL ACTIONS OF THE STATE

247. Property and assets owned and acquired by the State …………….. 85
248. Land, sea and naturally occurring valuable resources …………….. 86
249. Ownerless property ………………………………………………………………… 86
250. Transactions relating to State property …………………………………… 86

ix 251. Prohibition of foreign ownership and foreign military
___…purposes ………………………………………………………………………………… 87
252. Legal actions in the name of the State …………………………………….. 87

CHAPTER XI
STATE OF EMERGENCY

253. Declaration of a state of emergency ………………………………………… 87
254. Content of the declaration ………………………………………………………. 88
255. Limitations of the declaration ………………………………………………… 88
256. Publication……………………………………………………………………………… 90
257. Submission of declaration to the Peoples Majlis …………………….. 90
258. Determination of disputes relating to the declaration …………….. 90
259. Expiry or revocation of declaration ………………………………………… 90
260. Public announcement of expiry of state of emergency ……………. 91

CHAPTER XII
AMENDMENT OF THE CONSTITUTION

261. Amendment of the Constitution ……………………………………………… 91
262. Assent of President …………………………………………………………………. 91
263. Publication in Government Gazette ………………………………………… 92
264. Non-assent by President and national referendum ………………… 92
265. Defeat of Bill …………………………………………………………………………… 92
266. Provisions included in Bill ……………………………………………………… 93
267.
No amendment during emergency …………………………………………. 93

CHAPTER XIII
APPLICATION AND CONSTRUCTION OF THE
CONSTITUTION

268. Supremacy of the Constitution ……………………………………………….. 93
269. Continuance of laws in force …………………………………………………… 93
270. Continued effect of repealed laws …………………………………………… 93
271. Regulations enacted under authority of Statute ……………………… 93
272. Ascertainment of time ……………………………………………………………. 94
273. Headings ………………………………………………………………………………… 94
274. Definitions ……………………………………………………………………………… 94

x CHAPTER XIV
TRANSITIONAL MATTERS

275. Application of this Chapter …………………………………………………….. 97
276. Elections Commission ……………………………………………………………. 97
277. Vacancy in Elections Commission ………………………………………….. 99
278. Qualifications of members of the Elections Commission ………… 99
279. Responsibilities of the Elections Commission ………………………… 99
280. Term of Elections Commission ………………………………………………. 99
281. Judicial Service Commission ………………………………………………….. 99
282. Supreme Court ……………………………………………………………………… 100
283. Appointment of Judges to the Supreme Court………………………. 102
284. Term of Supreme Court ………………………………………………………… 102
285. Continuation of Judges …………………………………………………………. 102
286. Other courts………………………………………………………………………….. 103
287. Jurisdiction of the courts ……………………………………………………… 103
288. Prosecutor General ……………………………………………………………….. 103
289. Anti-Corruption Commission ……………………………………………….. 104
290. Independent Commissions …………………………………………………… 104
291. Continuance of laws ……………………………………………………………… 104
292. No amendment to the Constitution ………………………………………. 104
293. Commencement of this Constitution …………………………………….. 104
294. Continuance of the People’s Majlis ……………………………………….. 105
295. Responsibilities and powers of the People’s Majlis ……………….. 105
296. Election of the People’s Majlis ………………………………………………. 106
297. Continuance of other posts and institutions …………………………. 106
298. Decentralised administration ……………………………………………….. 107
299. Obedience to the Constitution ………………………………………………. 107
300. Continuation in office of the President and the Cabinet of
……….Ministers ……………………………………………………………………………… 108
301. Presidential election ……………………………………………………………… 109

SCHEDULE 1
OATHS OF OFFICE

1. OATH OF OFFICE OF PRESIDENT ………………………………………… 110
2.
OATH OF OFFICE OF VICE PRESIDENT ……………………………….. 110
3. OATH OF OFFICE OF MEMBERS OF THE CABINET …………….. 110
4. OATH OF OFFICE OF MEMBERS OF THE PEOPLE’S
……MAJLIS ……………………………………………………………………………………. 111
5. OATH OF OFFICE OF CHIEF JUSTICE AND JUDGES …………… 111
6. OATH OF OFFICE OF MEMBERS OF INDEPENDENT
……COMMISSIONS AND INDEPENDENT OFFICES …………………… 111

xi
SCHEDULE 2
ADMINISTRATIVE DIVISIONS

………………………………………………………………………………………………………. 112

SCHEDULE 3
NATIONAL FLAG

National flag ………………………………………………………………………………….. 113
Composition of national flag ………………………………………………………….. 113
Dimensions ……………………………………………………………………………………. 113
Colours ………………………………………………………………………………………….. 114

1
CHAPTER I
STATE, SOVEREIGNTY AND CITIZENS

Constitution 1. This is the “Constitution of the Republic of the
Maldives”. Any reference to the “Constitution” herein is
a reference to the Constitution of the Republic of the
Maldives.
Republic of the
Maldives 2. The Maldives is a sovereign, independent, democratic
Republic based on the principles of Islam, and is a
unitary State, to be known as the Republic of the
Maldives. Any reference to “the Maldives” is a reference
to the Republic of the Maldives.
Territor y of the
Maldives 3. The territory of the Maldives encompasses the land, air
space, sea and seabed within the archipelagic baselines
of the Maldives drawn in accordance with the law, and
includes the territorial waters, the seabed and air space
thereof beyond the said baselines. Any changes to the
territory of the Maldives may only be made pursuant to
a law enacted by at least a two-third majority of the
total membership of the People’s Majlis.
Powers of the citizens 4. All the powers of the State of the Maldives are derived
from, and remain with, the citizens.
Legislative power 5. All legislative power in the Maldives is vested in the
People’s Majlis.
Executive power 6. As provided for in this Constitution the executive
power is vested in the President.
Judicial power 7. The judicial power is vested in the courts of the
Maldives.

2
Supremacy of
Constitution 8. The powers of the State shall be exercised in
accordance with this Constitution.
Citizens 9. (a) The following persons are citizens of the
Maldives:
1. citizens of the Maldives at the
commencement of this Constitution;
2. children born to a citizen of the Maldives;
and
3. foreigners who, in accordance with the
law, become citizens of the Maldives.
(b) No citizen of the Maldives may be deprived of
citizenship.
(c) Any person who wishes to relinquish his
citizenship may do so in accordance with law.
(d) Despite the provisions of article (a) a non-
Muslim may not become a citizen of the
Maldives.
State Religion 10. (a) The religion of the State of the Maldives is Islam.
Islam shall be the one of the basis of all the laws
of the Maldives
(b) No law contrary to any tenet of Islam shall be
enacted in the Maldives
National Language 11. The national language of the Maldives is Dhivehi.
National Flag 12. (a) The national flag of the Maldives consists of a
white crescent in the centre of a green rectangle

3 surrounded by a red border.
(b) The dimensions and colour code of the national
flag and the placing of the crescent on the
national flag shall be as specified in Schedule 3
of this Constitution.
Currency of the
Maldives 13. The unit of currency of the Maldives is the Rufiyaa,
divided into one hundred Laari.

Capital 14. The capital of the Maldives is the island of Male’.
National Da y 15. The national day of the Maldives is the first day of the
month of Rabeeu al-Awwal.

CHAPTER II
FUNDAMENTAL RIGHTS AND FREEDOMS

Guarantee of Rights 16. (a) This Constitution guarantees to all persons, in a
manner that is not contrary to any tenet of
Islam, the rights and freedoms contained within
this Chapter, subject only to such reasonable
limits prescribed by a law enacted by the
People’s Majlis in a manner that is not contrary
to this Constitution. Any such law enacted by the
People’s Majlis can limit the rights and freedoms
to any extent only if demonstrably justified in a
free and democratic society.
(b) The limitation of a right or freedom specified in
this Chapter by a law enacted by the People’s
Majlis as provided for in this Constitution, and

4 in order to protect and maintain the tenets of
Islam, shall not be contrary to article (a).
(c) In deciding whether a right or freedom in this
Chapter, has been limited in accordance with
article (a) and (b), a court must be fully
cognisant of and make reference to all the facts,
including:
1. the nature and character of the right or
freedom;
2. the purpose and importance of limiting the
right or freedom;
3. the extent and manner of limiting the right
or freedom;
4. the relationship between the limitation of
the right or freedom and the importance of
the right or freedom;
5. the extent to which the objective for which
the right or freedom has been limited could
have been achieved by limiting the right or
freedom to a lesser degree;
6. the extent to which the right or freedom
must be limited in order to protect the
tenets of Islam, where the right or freedom
has been limited pursuant to article (b).
(d) The onus of establishing that the limitation to
any extent, of a right or freedom included in this
Chapter is within the reasonable limitations
prescribed in this Constitution is on the State or
the person asserting the limitation of the right or
freedom.

5
Non-discrimination 17. (a) Everyone is entitled to the rights and freedoms
included in this Chapter without discrimination
of any kind, including race, national origin,
colour, sex, age, mental or physical disability,
political or other opinion, property, birth or
other status, or native island.
(b) Special assistance or protection to
disadvantaged individuals or groups, or to
groups requiring special social assistance, as
provided in law shall not be deemed to be
discrimination, as provided for in article (a).
Duty of the State 18. It is the duty of the State to follow the provisions of this
Constitution, and to protect and promote the rights and
freedoms provided in this Chapter.
Freedom from
restraint 19. A citizen is free to engage in any conduct or activity
that is not expressly prohibited by Islamic Shari’ah or
by law. No control or restraint may be exercised
against any person unless it is expressly authorised by
law.
Equalit y 20. Every individual is equal before and under the law, and
has the right to the equal protection and equal benefit
of the law.
Right to life 21. Everyone has the right to life, liberty and security of the
person, and the right not be deprived thereof to any
extent except pursuant to a law made in accordance
with Article 16 of this Constitution.
Protection of the
environment 22. The State has a fundamental duty to protect and
preserve the natural environment, biodiversity,
resources and beauty of the country for the benefit of
present and future generations. The State shall
undertake and promote desirable economic and social
goals through ecologically balanced sustainable
development and shall take measures necessary to

6 foster conservation, prevent pollution, the extinction of
any species and ecological degradation from any such
goals.
Economic and social
rights 23. Every citizen the following rights pursuant to this
Constitution, and the State undertakes to achieve the
progressive realisation of these rights by reasonable
measures within its ability and resources:
(a) adequate and nutritious food and clean water;
(b) clothing and housing;
(c) good standards of health care, physical and
mental;
(d) a healthy and ecologically balanced
environment;
(e) equal access to means of communication, the
State media, transportation facilities, and the
natural resources of the country;
(f) the establishment of a sewage system of a
reasonably adequate standard on every
inhabited island;
(g) the establishment of an electricity system of a
reasonably adequate standard on every
inhabited island that is commensurate to that
island.
Privac y 24. Everyone has the right to respect for his private and
family life, his home and his private communications.
Every person must respect these rights with respect to
others.

7
No slaver y or forced
labour 25. (a) No one shall be held in slavery or servitude, or
be required to perform forced labour.
(b) Compulsory military service, service required in
cases of emergency or calamity threatening the
life or well-being of the community, or service
required pursuant to a court order shall not be
deemed to be contrary to article (a).
Right to vote and
run for public office 26. Unless otherwise provided in this Constitution, every
citizen of the Maldives eighteen years of age or older
has the right:
(a) to vote in elections, and in public referendums,
which shall be held by secret ballot;
(b) to run for public office;
(c) to take part in the conduct of public affairs,
directly or through freely chosen
representatives.
Freedom of
expression 27. Everyone has the right to freedom of thought and the
freedom to communicate opinions and expression in a
manner that is not contrary to any tenet of Islam.
Freedom of the
media 28. Everyone has the right to freedom of the press, and
other means of communication, including the right to
espouse, disseminate and publish news, information,
views and ideas. No person shall be compelled to
disclose the source of any information that is espoused,
disseminated or published by that person.
Freedom of
acquiring and
imparting
knowledge 29. Everyone has the freedom to acquire and impart
knowledge, information and learning.

8
Freedom to form
political parties,
associations and
societies 30. (a) Every citizen has the right to establish and to
participate in the activities of political parties.
(b) Everyone has the freedom to form associations
and societies, including the following:

1. the right to establish and participate in
any association or society for economic,
social, educational or cultural or
purposes;

2. the right to form trade unions, to
participate or not participate in their
activities.
Right to strike 31. Every person employed in the Maldives and all other
workers have the freedom to stop work and to strike in
order to protest.
Freedom of
assembly 32. Everyone has the right to freedom of peaceful assembly
without prior permission of the State.
Right to protect
reputation and name 33. Everyone has the right to protect one’s reputation and
good name.
Right to marry and
establishment of the
family 34. (a) Every person of marriageable age as determined
by law has the right to marry, and to establish a
family as specified in law. The family, being the
natural and fundamental unit of society, is
entitled to special protection by society and the
State.
(b) Children must be afforded special protection as
specified in law in the event of a marital
breakdown of the parents.
Special protection to
children, young,
elderly and 35. (a) Children and young people are entitled to
special protection and special assistance from

9
disadvantaged
people the family, the community and the State.
Children and young people shall not be harmed,
sexually abused, or discriminated against in any
manner and shall be free from unsuited social
and economic exploitation. No person shall
obtain undue benefit from their labour.
(b) Elderly and disadvantaged persons are entitled
to protection and special assistance from the
family, the community and the State.
Right to education 36. (a) Everyone has the right to education without
discrimination of any kind.
(b) Primary and secondary education shall be freely
provided by the State. It is imperative on parents
and the State to provide children with primary
and secondary education. Opportunity for
higher education shall be generally accessible to
all citizens.
(c) Education shall strive to inculcate obedience to
Islam, instil love for Islam, foster respect for
human rights, and promote understanding,
tolerance and friendship among all people.
Right to wor k 37. (a) Every citizen has the right to engage in any
employment or occupation.
(b) Everyone is entitled to just and safe conditions
of work, fair wages, equal remuneration for work
of equal value, and equal opportunity for
promotion.
(c) Everyone has the right to rest and leisure,
including limits on hours of work and periodic
holidays with pay.

10
(d) Everyone has the right to spend time at rest and
leisure. In order to provide this right to each
employed person, the maximum number of
working hours have to be determined as well as
the length of paid holidays.
Right of pension 38. Every one engaged in employment with the State shall
have the right of pension as provided by law.
Right to participate
in cultural life 39. (a) Everyone has the right to participate in the
cultural life of the nation, and to benefit from
literary and artistic endeavours.
(b) The State shall promote education, culture,
literature and the arts, within the limits of its
resources.
Right to acquire and
hold property 40. (a) Every citizen has the right to acquire, own,
inherit, transfer or otherwise transact of such
property.
(b) Private property shall be inviolable, and may
only be compulsorily acquired by the State for
the public good, as expressly prescribed by law,
and as authorised by order of the court. Fair and
adequate compensation shall be paid in all
cases, as determined by the court.
(c) Nothing in this Article prevents any law
authorising a court to order the forfeiture
(without the giving of any compensation) of
illegally acquired or possessed property, or
enemy property.
(d) Property of a person shall not be forfeited in
substitution for any offence.

11
Freedom of
movement and
establishment 41. (a) Every citizen has the freedom to enter, remain in
and leave the Maldives, and to travel within the
Maldives.
(b) Every citizen has the right to move to, and take
up residence on, any inhabited island of the
Maldives.
(c) Every citizen shall have equal access to the
receipt of rights and benefits from any island
where he has established residency.
Fair and transparent
hearings 42. (a) In the determination of one’s civil rights and
obligations or of any criminal charge, everyone
is entitled to a fair and public hearing within a
reasonable time by an independent court or
tribunal established by law.
(b) All judicial proceedings in the Maldives shall
be conducted with justice, transparency and
impartiality.
(c) Trials of any matter shall be held publicly, but
the presiding judge may exclude the public from
all or part of a trial in accordance with
democratic norms:

1. in the interests of public morals, public
order or national security;

2. where the interest of juveniles or the
victims of a crime so require; or

3. in other special circumstances where
publicity would prejudice the interests of
justice.

12
(d) All judgements or orders of a Court shall be
pronounced publicly, unless the Court
specifically orders otherwise for the reasons
stipulated in article (c). All publicly
pronounced judgements or orders shall be
available to the public.
Fair administrative
action 43. (a) Everyone has the right to administrative action
that is lawful, procedurally fair, and
expeditious.
(b) Everyone whose rights have been adversely
affected by administrative action has the right
to be given written reasons.
(c) Where the rights of a person, a group or
community has been adversely affected by
administrative action, every such person, group
or every person who may be directly affected by
such action has the right to submit the matter to
court.
Personal liabilit y 44. The application of the criminal law or criminal
procedure, including the conduct of investigations,
criminal proceedings and enforcement of sentences as
provided by law, shall extend to the accused person
only and shall not affect the legal rights or obligations
of any other person.
No unlawful arrest
or detention 45. Everyone has the right not to be arbitrarily detained,
arrested or imprisoned except as provided by law
enacted by the People’s Majlis in accordance with
Article 16 of this Constitution.
Power of arrest and
detention 46. No person shall be arrested or detained for an offence
unless the arresting officer observes the offence being
committed, or has reasonable and probable grounds or
evidence to believe the person has committed an
offence or is about to commit an offence, or under the

13 authority of an arrest warrant issued by the court.
Search and seizure 47. (a) No person shall be subject to search or seizure
unless there is reasonable cause.
(b) Residential property shall be inviolable, and
shall not be entered without the consent of the
resident, except to prevent immediate and
serious harm to life or property, or under the
express authorisation of an order of the Court.
Rights on arrest or
detention 48. Everyone has the right on arrest or detention:
(a) to be informed immediately of the reasons
therefore, and in writing within at least twenty
four hours;
(b) to retain and instruct legal counsel without delay
and to be informed of this right, and to have
access to legal counsel facilitated until the
conclusion of the matter for which he is under
arrest or detention;
(c) to remain silent, except to establish identity, and
to be informed of this right;
(d) to be brought within twenty four hours before a
Judge, who has power to determine the validity
of the detention, to release the person with or
without conditions, or to order the continued
detention of the accused.
Release of accused 49. No person shall be detained in custody prior to
sentencing, unless the danger of the accused
absconding or not appearing at trial, the protection of
the public, or potential interference with witnesses or

14 evidence dictate otherwise. The release may be subject
to conditions of bail or other assurances to appear as
required by the court.
Prompt investigation
and prosecution 50. After notice of an alleged offence has been brought to
the attention of the investigating authorities, the
matter shall be investigated promptly, and where
warranted, the Prosecutor General shall lay charges as
quickly as possible.
Rights of the accused 51. Everyone charged with an offence has the right:
(a) to be informed without delay of the specific
offence in a language understood by the
accused;
(b) to be tried within a reasonable time;
(c) not to be compelled to testify;
(d) to an interpreter to be provided by the State
where he does not speak the language in which
the proceedings are conducted, or is deaf or
mute;
(e) to have adequate time and facilities for the
preparation of his defence and to communicate
with and instruct legal counsel of his own
choosing;
(f) to be tried in person, and to defend himself
through legal counsel of his own choosing;
(g) to examine the witnesses against him and to
obtain the attendance and examination of

15 witnesses;
(h) to be presumed innocent until proven guilty
beyond a reasonable doubt.
Confessions and
illegal evidence
52. No confession shall be admissible in evidence unless
made in court by an accused who is in a sound state of
mind. No statement or evidence must be obtained from
any source by compulsion or by unlawful means and
such statement or evidence is inadmissible in evidence.
Assistance of legal
counsel 53. (a) Everyone has the right to retain and instruct
legal counsel at any instance where legal
assistance is required.
(b) In serious criminal cases, the State shall provide
a lawyer for an accused person who cannot
afford to engage one.
No degrading
treatment or torture 54. No person shall be subjected to cruel, inhumane or
degrading treatment or punishment, or to torture.
No imprisonment
for non-fulfilment of
contractual
obligation 55. No person shall be imprisoned on the ground of non-
fulfilment of a contractual obligation.
Right to appeal 56. Everyone related to a matter has the right to appeal a
conviction and sentence, or judgement or order in a
criminal or civil matter.
Humane treatment
of arrested or
detained persons 57. Everyone deprived of liberty through arrest or
detention as provided by law, pursuant to an order of
the court, or being held in State care for social reasons,
shall be treated with humanity and with respect for the
inherent dignity of the human person. A person may be
deprived of the rights or freedoms specified in this
Chapter only to the extent required for the purpose for
which he is deprived of his liberty.

16
Compensation 58. Everyone who has been arrested or detained without
legal authority or justification has the right to be
compensated.
Retrospective
legislation 59. (a) No person shall be found guilty of any act or
omission which did not constitute an offence
under Islamic Shari’ah or law at the time
committed. Nor shall a more severe penalty be
imposed than the one applicable at the time the
offence was committed. If the punishment for an
offence has been reduced between the time of
commission and the time of sentencing, the
accused is entitled to the benefit of the lesser
punishment.
(b) This Article shall not prejudice the trial and
punishment of any person for any act which was
criminal according to international law.
Prohibition of
double jeopardy 60. (a) If an accused is acquitted of an offence by a
court, he shall not be tried again for the same or
substantially the same offence. If an accused is
found guilty and punished for an offence he shall
not be tried or punished again for the same or
substantially the same offence.
(b) The principle stated in article (a) does not apply
to appeals relating to the offence.
Publication of acts
and regulations 61. (a) All statutes, regulations, government orders
requiring compliance by citizens and
government policies shall be published and
made available to the public.
(b) No person may be subjected to any punishment
except pursuant to a statute or pursuant to a
regulation made under authority of a statute,
which has been made available to the public and
which defines the criminal offence and the

17 punishment for commission of the offence.
(c) All information concerning government
decisions and actions shall be made public,
except information that is declared to be State
secrets by a law enacted by the People’s Majlis.
(d) Every citizen has the right to obtain all
information possessed by the Government about
that person.
Retention of other
rights 62. (a) The enumeration of rights and freedoms in this
Chapter are guaranteed equally to female and
male persons.
(b) The enumeration of rights and freedoms
individually in this Chapter shall not be
construed to deny or negate other rights
retained by the people which are not specified in
this Chapter.
Voidance of laws
inconsistent with
fundamental rights 63. Any law or part of any law contrary to the fundamental
rights or freedoms guaranteed by this Chapter shall be
void or void to the extent of such inconsistency.
Non-compliance
with unlawful orders 64. No employee of the State shall impose any orders on a
person except under authority of a law. Everyone has
the right not to obey an unlawful order.
Application to court
to obtain a remedy 65. Anyone whose rights or freedoms, as guaranteed by
this Chapter, have been infringed or denied may apply
to a court to obtain a just remedy.
Voidance of laws
inconsistent with
rights and freedoms 66. All existing statutes, regulations, decrees and notices
inconsistent with the fundamental rights and freedoms
provisions in this Chapter shall, to the extent of the
inconsistency, become void on the commencement of
this Constitution.

18
Responsibilities and
duties 67. The exercise and enjoyment of fundamental rights and
freedoms is inseparable from the performance of
responsibilities and duties, and it is the responsibility
of every citizen:
(a) to respect and protect the rights and freedoms of
others;
(b) to foster tolerance, mutual respect, and
friendship among all people and groups;
(c) to contribute to the well-being and advancement
of the community;
(d) to promote the sovereignty, unity, security,
integrity and dignity of the Maldives;
(e) to respect the Constitution and the rule of law;
(f) to promote democratic values and practices in a
manner that is not inconsistent with any tenet
of Islam;
(g) to preserve and protect the State religion of
Islam, culture, language and heritage of the
country;
(h) to preserve and protect the natural environment,
biodiversity, resources and beauty of the country
and to abstain from all forms of pollution and
ecological degradation;
(i) to respect the national flag, state emblem and
the national anthem.
Every person in the Maldives must also respect these

19
CHAPTER III
THE PEOPLE’S MAJLIS

Legislative authorit y 70. (a) The legislative authority of the Maldives shall be
vested in the People’s Majlis.
(b) The law making powers of the People’s Majlis
pursuant to article (a), includes the following
powers:
1. the amendment of this Constitution, in
accordance with the terms provided
herein;
2. the enactment of legislation with regard
to any matter, or the amendment or
repeal of any law, which is not
inconsistent with any tenet of Islam; duties.
Interpretation 68. When interpreting and applying the rights and
freedoms contained within this Chapter, a court or
tribunal shall promote the values that underlie an open
and democratic society based on human dignity,
equality and freedom, and shall consider international
treaties to which the Maldives is a party.
Non-destructive
interpretation of
Constitution 69. No provision of the Constitution shall be interpreted or
translated in a manner that would grant to the State or
any group or person the right to engage in any activity
or perform any act aimed at the destruction of the
rights and freedoms set out in this Constitution.

20
3. the supervision of the exercise of
executive authority and ensuring the
executive authority is accountable for the
exercise of its powers, and taking the
steps required for ensuring the same;
4. the approval of the annual budget and
any supplementary budget;
5. the determination of matters relating to
Independent Commissions and
Independent Offices in accordance with
law;
6. the holding of public referendums on
issues of public importance;
7. the performance of all duties otherwise
expressly required by this Constitution
and by law.
(c) The People’s Majlis shall not pass any law that
contravenes any tenet of Islam.
(d) Any matter submitted to the People’s Majlis for
approval includes the power of the People’s
Majlis to accept, reject, revoke or amend the
disposition of the matter.
(e) Any appointment or dismissal submitted to the
People’s Majlis for approval includes the power
of the People’s Majlis to accept or reject the
appointment or dismissal.
Determination of the
composition of the
People’s Majlis 71. (a) The membership of the People’s Majlis shall be
determined in accordance with the following
principles:

21
1. two members for the first five thousand
residents registered for each administrative
division or two members for administrative
divisions with less than five thousand
residents; and
2. where the residents registered to an
administrative division exceed five
thousand residents, one additional member
for each group of five thousand residents in
excess of the first five thousand.
(b) The administrative divisions at the time this
Constitution comes into force, referred to in this
Article shall be the twenty administrative Atolls
plus Male’, for a total of twenty one. The details
of the administrative divisions are specified in
Schedule 2 of this Constitution.
Election of members 72. (a) Each administrative division shall establish
separate electoral constituencies in accordance
with the principles specified in Article 71 of this
Constitution. All members shall be elected from a
separate electoral constituency.
(b) The person elected from amongst those standing
for election in each separate electoral
constituency shall be the person receiving the
greatest number of votes by secret ballot.
(c) A law shall specify the manner of determining the
number of electoral constituencies in each
administrative division and the boundaries of
each electoral constituency. Such law shall specify
the principles pursuant to which the population
on each administrative division shall be divided
into the separate electoral constituencies such
that there is an approximately equal division of
the population.

22
Qualifications of
members 73. (a) A person elected to be a member of the People’s
Majlis shall be so qualified if he:
1. is a citizen of the Maldives;
2. is not a citizen of a foreign country;
3. is a Muslim and a follower of a Sunni
school of Islam;
4. has attained the age of eighteen years; and
5. is of sound mind.
(b) A person who has acquired Maldivian citizenship
is qualified to be a member of the People’s Majlis
five years after the acquisition of citizenship and is
domiciled in the Maldives.
(c) A person shall be disqualified from election as, a
member of the People’s Majlis, or a a member of
the People’s Majlis immediately becomes
disqualified, if he:
1. has a decreed debt which is not being paid
as provided in the judgement;
2. has been convicted of a criminal offence
and is serving a sentence of more than
twelve months;
3. has been convicted of a criminal offence
and sentenced to a term of more than
twelve months, unless a period of three

23 years has elapsed since his release, or
pardon for the offence for which he was
sentenced;
4. is a member of the Judiciary.
(d) Unless otherwise specifically provided in the
Constitution, a member of the People’s Majlis
shall not continue to hold office in:
1. the Cabinet of Ministers;
2. the office of State Minister, Deputy
Minister, or other State office of an
equivalent level;
3. an Independent Commission or an
Independent Office;
4. the Civil Service;
5. a corporation wholly or partly owned or
managed by the Government;
6. the Armed Forces;
7. the Police;
8. any other office of the State except an office
held by virtue of being a member of the
People’s Majlis.

24
Court jurisdiction 74. Any question concerning the qualifications or removal,
or vacating of seats, of a member of the People’s Majlis
shall be determined by the Supreme Court.
Function of
members 75. Members of the People’s Majlis should be guided in
their actions by considerations of national interest and
public welfare foremost, and should not exploit their
official positions in any way for their own benefit or for
the benefit of those with whom they have special
relations. They shall represent not only their
constituencies but the country as a whole.
Declaration of assets 76. Every member shall anually submit to the Secretary
General of the People’s Majlis a statement of all
property and monies owned by him, business interests
and liabilities. Such declarations shall include the
details of any other employment and obligations of
such employment.
Resignation 77. A member of the People’s Majlis may resign his seat by
writing under his hand addressed to the Speaker, and
the seat shall become vacant when the resignation is
received by the Speaker.
Filling vacanc y 78. Whenever there is a vacancy among the members of
the People’s Majlis, an election shall be held within
sixty days from the date of the vacancy. A by-election
shall not be held within six months prior to a general
election.
Term of the People’s
Majlis 79. (a) The People’s Majlis shall continue for five years
from the date of its first sitting, and shall then
stand dissolved. The first sitting of the newly
elected People’s Majlis shall be held immediately
after the dissolution of the previous People’s
Majlis.

25
(b) Election of members to the new People’s Majlis
and all matters pertaining thereto shall be
concluded thirty days prior to the expiration of
the existing People’s Majlis.
Extension of term of
the People’s Majlis 80. In the event of a declaration of a state of emergency,
making it difficult to hold a general election, the term
of the People’s Majlis may be extended by a resolution
enacted by the People’s Majlis for a period not
exceeding one year if such resolution is supported by
two-thirds of the total membership of the People’s
Majlis. When the declaration of the state of emergency
expires or is revoked during an extended term, the
People’s Majlis shall not continue for a period longer
than sixty days, and all matters relating to the election
of a new People’s Majlis shall be completed within that
time.
Oath of office of
members of the
People’s Majlis 81. A person elected as a member of the People’s Majlis
shall assume membership in the People’s Majlis upon
taking and subscribing, before the Chief Justice or his
designate, the oath of office of members of the People’s
Majlis set out in Schedule 1 of this Constitution.
Speaker and Deputy
Speaker of the
People’s Majlis 82. (a) The People’s Majlis shall at the first sitting after
the general election elect a Speaker and a
Deputy Speaker from its members by secret
ballot. Until such time as a Speaker and a
Deputy Speaker is elected the People’s Majlis
shall be presided over by the consecutively
longest serving member from among those
present. Where there are a number of members
who have consecutively served the longest then
the Majlis shall be presided over by the member
most senior by age of those having served
consecutively the longest.

26
(b) The Speaker, or in his absence the Deputy
Speaker, shall preside over sittings of the
People’s Majlis, and if neither is present, a
person to preside over the sitting shall be
determined as provided in the Regulations
governing the Proceedings of People’s Majlis.
(c) The Speaker may resign from his post by writing
under his hand addressed to the Deputy
Speaker, and the post shall become vacant when
the resignation is received by the Deputy
Speaker. The Deputy Speaker may resign from
his post by writing under his hand addressed to
the Speaker, and the post shall become vacant
when the resignation is received by the Speaker.
(d) The Speaker or the Deputy Speaker shall vacate
his office:
1. if he ceases to be a member of the
People’s Majlis; or
2. if the People’s Majlis at any time so
resolves.
(e) No such resolution shall be moved unless
fourteen days notice has been given to the
People’s Majlis of the intention to move the
resolution.
(f) The Speaker shall not preside over the debate
concerning his removal. The Deputy Speaker
shall also not preside over any debate
concerning his removal.
(g) The Speaker and the Deputy Speaker have the
right to take part and defend themselves in any
debate concerning their removal. However they
may not take part in any vote concerning their

27 removal.
Sittings of the
People’s Majlis 83. There shall be at least three sessions of the People’s
Majlis every year. The dates for the commencement
and conclusion of the sessions must be specified in the
Regulations governing the Proceedings of People’s
Majlis. The sessions shall generally be held at the
House of the People’s Majlis.
Presidential address 84. At the beginning of the first session of each year at the
first sitting, the President shall address the People’s
Majlis on the state of the country, and may present
proposals for improving the state of the country to the
People’s Majlis.
Proceedings open to
the public 85. (a) Subject to article (b), meetings of the People’s
Majlis and its committees shall be open to the
public.
(b) A majority of those present and voting of the
members of the People’s Majlis or of a
committee may decide to exclude the public and
the press from all or any part of the proceedings
if there is a compelling need to do so in the
interests of public order or national security.
(c) Article (b) does not prevent the People’s Majlis
from specifying additional reasons for excluding
the public from all or any part of a committee
meeting of the People’s Majlis.
Quorum 86. The presence of at least twenty five percent of the
members, shall constitute a quorum of the People’s
Majlis.
Voting 87. (a) Unless otherwise provided in this Constitution,
all decisions of the People’s Majlis shall be
decided by a majority of votes of the members

28 present and voting.
(b) Despite the provisions of Article 86 of this
Constitution, voting on any matter requiring
compliance by citizens shall only be undertaken
when more than half of the total membership of
the People’s Majlis are present at the sitting at
which the matter is voted upon.
(c) The Speaker or other person presiding over
sittings of the People’s Majlis shall not vote on
any question, but in the event of an equality of
votes, he shall have and exercise a casting vote.
(d) The Speaker or other person presiding over
sittings of the People’s Majlis may vote when a
question must be decided by a two-thirds or
three-quarters majority of the members.
Regulation of
procedure 88. (a) Subject to the provisions of this Constitution,
the People’s Majlis shall:
1. determine and control its administrative
arrangements, hiring and firing of
employees, determination of salaries of
employees, and manage all matters
concerning the sittings of the People’s
Majlis. The People’s Majlis shall make
regulations concerning these matters;
2. make regulations and principles
concerning its business, with due regard to
representative and participatory
democracy, accountability, transparency
and public involvement. Such regulations
may include rules of decorum and
attendance requirements, and, subject to
the consent of two-thirds of the members,
may provide for non-payment of salary

29 and allowances.
(b) Unless otherwise specified in this Constitution,
the validity of any proceedings in the People’s
Majlis shall not be questioned in any court of
law.
Publication of
proceedings of the
People’s Majlis 89. All proceedings of the People’s Majlis shall be
published in the minutes of the People’s Majlis and
available to the public.
Privilege 90. (a) No member or other person shall be liable to
any proceedings in any court, and no person
shall be subject to any inquiry, arrest, detention
or prosecution, with respect to anything said in,
produced before, or submitted to the People’s
Majlis or any of its committees, or with respect
to any vote given if the same is not contrary to
any tenet of Islam.
(b) No person or newspaper or journal shall be
liable in respect of any report or proceedings
made or published under the authority of the
People’s Majlis, or in respect of any fair and
accurate report of the proceedings of the
People’s Majlis or any of its committees, where
this is done in accordance with principles
specified by the People’s Majlis.
Presidential assent
or return for
reconsideration 91. (a) Every Bill passed by the People’s Majlis shall be
presented for assent by the President within
seven days from the date of its passing, and the
President shall, within fifteen days of receipt,
assent to the Bill or return the Bill for
reconsideration of the Bill or of any amendment
proposed by the President.

30
(b) Any Bill returned to the People’s Majlis for
reconsideration shall be assented to by the
President and published in the Government
Gazette if the Bill, after reconsideration, is
passed without any amendments, by a majority
of the total membership of the People’s Majlis.
(c) Any Bill not returned for reconsideration or
amendment or assented to by the President
within the specified time shall be deemed to
have been assented to by the President and shall
be published in the Government Gazette.
Publication of laws
in the Government
Gazette 92. A Bill passed by the People’s Majlis shall become law
when assented to by the President. Every Bill assented
to by the President shall be published in the
Government Gazette on the day of assent. Such law
shall come into force when it is published in the
Government Gazette, or on such later date following
publication stipulated in the statute.
Treaties 93. (a) Treaties entered into by the Executive in the
name of the State with foreign states and
international organizations shall be approved by
the People’s Majlis, and shall come into force
only in accordance with the decision of the
People’s Majlis.
(b) Despite the provisions of article (a), citizens
shall only be required to act in compliance with
treaties ratified by the State as provided for in a
law enacted by the People’s Majlis.
Delegation of power
to make regulations
and orders with
lawful authority 94. The People’s Majlis may, pursuant to law and for
prescribed purposes, delegate to any person or body
power to make orders, and regulations, or other
instruments having legislative effect, including the
power to:

31
(a) determine a date on which any law shall come
into or cease to have effect;
(b) make any law or part thereof applicable to any
area or to any class of persons.
Reference to
Supreme Court 95. The People’s Majlis may by resolution refer to the
Supreme Court for hearing and consideration
important questions of law concerning any matter,
including the interpretation of the Constitution and the
constitutional validity of any statute. The Supreme
Court shall answer the questions so referred and shall
provide the answers to the People’s Majlis, giving
reasons for its answers. The opinion shall be
pronounced in like manner as in the case of a judgment
on appeal to the Supreme Court.
Annual budget 96. (a) Prior to the commencement of each financial
year, the Minister of Finance shall submit for
approval to the People’s Majlis a budget
containing the projected revenue and
expenditures for the year, and a statement of
actual revenue and expenditures for the
preceding year.
(b) The People’s Majlis may approve or amend the
budget submitted by the Minister of Finance as
in its discretion it deems fit.
(c) No supplementary expenditures shall be added
to an approved budget without further approval
by the People’s Majlis. Expenditures included in
the budget shall be applied solely for the
specified purpose.
Taxation and
expenditures 97. The Executive shall not:

32
(a)spend any public money or property;
(b)levy any taxation;
(c) obtain or receive any money or property by loan
or otherwise;
(d) provide any sovereign guarantees;

except pursuant to a law enacted by the People’s
Majlis.
Questioning of
Ministers and
members of the
Government 98. (a) The People’s Majlis may require the presence of
any member of the Cabinet or member of the
Government to attend proceedings of the
People’s Majlis, and to respond under oath
truthfully to questions put to them and to
produce documents, required by the People’s
Majlis relating to the due performance of the
obligations and responsibilities of such person.
(b) Every member of the People’s Majlis has the
right to question, in the manner specified by the
People’s Majlis and either orally or in writing, a
member of the Cabinet or head of a Government
office, concerning the performance of his duties.
(c) Any member of the Cabinet or member of the
Government office to whom a question is
addressed as provided for in article (b) shall
answer to the best of his knowledge and ability.
(d) The questions and answers given as provided for
in this Article, whether orally or in writing, shall
be published in the same manner as the
proceedings of the People’s Majlis.

33
Summoning persons 99. The People’s Majlis or any of its committees has the
power to:
(a) summon any person to appear before it to give
evidence under oath, or to produce documents.
Any person who is questioned by the People’s
Majlis as provided for in this Article shall
answer to the best of his knowledge and ability;
(b) require any person or institution to report to it;
(c) receive petitions, representations or
submissions from interested persons or
institutions.
Removal of
President or Vice
President 100. (a) The People’s Majlis, by a resolution, may
remove the President or the Vice President from
office only on the grounds of:
1. direct violation of a tenet of Islam, the
Constitution or law;
2. serious misconduct unsuited to the office of
the President or Vice President; or
3. inability to perform the responsibilities of
office of President or Vice President.
(b) A resolution as provided for in article (a), must
be submitted to the People’s Majlis, under the
hand of at least one third of the members,
specifying the reasons.
(c) The People’s Majlis may establish a committee
to investigate the matters specified in the
resolution calling for removal of the President or
Vice President.

34
(d) At least fourteen days notice of the debate in the
People’s Majlis concerning such a resolution
shall be given to the President or Vice President,
and the President or the Vice President shall
have the right to defend himself in the sittings of
the People’s Majlis, both orally and in writing,
and has the right to legal counsel.
(e) A resolution to remove the President or Vice
President from office as specified in article (a)
shall only be passed if it receives a two-thirds
majority of the total membership of the People’s
Majlis, and in such event the President or Vice
President shall cease to hold office.
(f) The Regulations governing the functioning of
the People’s Majlis shall specify the principles
and procedures concerning a resolution to
remove the President or Vice President from
office as provided in this Constitution.
Vote of no
confidence in a
member of the
Cabinet 101. (a) A motion expressing want of confidence in a
member of the Cabinet may be moved in the
People’s Majlis, under the hand of at least ten
members, specifying the reasons.
(b) At least fourteen days notice of the debate in the
People’s Majlis concerning a motion under
article (a) shall be given to the concerned
member of the Cabinet, and he shall have the
right to defend himself in the sittings of the
People’s Majlis, both orally and in writing.
(c) A motion of want of confidence concerning a
member of the Cabinet shall be passed by a
majority of the total membership of the People’s
Majlis.

35
(d) A member of Cabinet against whom a motion of
want of confidence has been passed by the
People’s Majlis shall cease to hold office.
Salary and
allowances 102. The President, Vice President, members of the Cabinet,
members of the People’s Majlis, including the Speaker
and Deputy Speaker, members of the Judiciary, and
members of the Independent Commissions and
Independent Offices shall be paid such salary and
allowances as determined by the People’s Majlis.
Improper benefit 103. The members of the People’s Majlis and persons
appointed or employed by them shall not use their
position or any information entrusted to them to
improperly benefit themselves or any other person.
Secretary General 104. The People’s Majlis shall, as provided for in its
regulations, appoint a Secretary General to establish
and manage the secretariat, to arrange for the sittings
and documentation of the People’s Majlis, and
generally to assist the Speaker and the members.
Securit y 105. (a) The security of the House of the People’s Majlis,
all property attached thereto and all offices and
facilities where its work is conducted shall be
protected by the security services of the State
(b) The security services of the State shall ensure
the protection and safety of all members of the
People’s Majlis.

36
CHAPTER IV
THE PRESIDENT
Exe cutive power 106. (a) The executive power is vested in the President as
provided for in the Constitution and the law.
(b) The President shall be the Head of State, the
Head of Government, and the Commander in
Chief of the Armed Forces.
(c) The principles of governance of the State being
determined by this Constitution, the President
shall uphold, defend and respect the
Constitution, and shall promote the unity of the
State.
(d) The President shall exercise Executive authority
as provided for in the Constitution and law.
Term of office 107. (a) The President shall hold office for a term of five
years and no person elected as President
pursuant to this Constitution shall serve for
more than two terms in office, whether
consecutive or otherwise.
(b) A vacancy in the office of President leading to
the Vice President succeeding to the presidency
shall only be considered as a term in office
within the meaning of article (a) if there are at
least two years remaining in that term of office.
Manner of
Presidential election 108. The President shall be elected directly by the people by
universal and secret suffrage.
Qualifications for
election as President 109. A person elected as President shall have the following
qualifications:

37
(a) be a Maldivian citizen born to parents who are
Maldivian citizens, and who is not also a citizen
of a foreign country;
(b) be a Muslim and a follower of a Sunni school of
Islam;
(c) be at least thirty-five years of age;
(d) be of sound mind;
(e) not have an undischarged decreed debt;
(f) not have been convicted of a criminal offence
and sentenced to a term of more than twelve
months, unless a period of three years has
elapsed since his release, or pardon for the
offence for which he was sentenced; and
(g) despite the provisions of article (f), not have
been convicted of an offence for which a hadd is
prescribed in Islam or of fraud, deception or
criminal breach of trust.

Election 110. Elections for the office of President shall be held within
one hundred and twenty days to thirty days prior to the
expiry of the existing presidential term.
Presidential election 111. (a) The President shall be elected by over fifty
percent of the votes. If no candidate obtains
such majority, a run-off election must be held
within twenty one days after the first election.
The run-off election shall be contested only by
the two candidates receiving the highest number
of votes in the first election. If the two

38 candidates receiving the highest number of votes
in the first election have an equal number of
votes, only those two candidates shall compete
in the run-off election. If there are two
candidates in second position with an equal
number of votes, then the run-off election shall
be held among the top three candidates.
(b) If any of the two candidates withdraws from the
run-off election, the candidate receiving the
third highest number of votes in the first
election may stand for election in the run-off
election.
(c) The People’s Majlis shall enact a statute
governing the conduct of presidential elections.
Vice President 112. (a) There shall be a Vice President of the Maldives
who shall assist the President in the discharge of
his duties and responsibilities.
(b) Every candidate for President shall publicly
declare the name of the Vice President who will
serve with him.
(c) The qualifications of office for the Vice President
shall be the same as those for the President.
(d) If the office of the President becomes vacant for
any reason, the Vice President shall succeed to
the office of the President.
Jurisdiction of the
Supreme Court 113. The Supreme Court, sitting together in session, shall
have sole and final jurisdiction to determine all
disputes concerning the qualification or
disqualification, election, status, of a presidential
candidate or running mate or removal of the President
by the People’s Majlis.

39
Oath of office of the
President and Vice
President 114. An incoming President or Vice President shall assume
office upon taking and subscribing, before the Chief
Justice or his designate, at a sitting of the People’s
Majlis, the relevant oath of office set out in Schedule 1
of this Constitution.
Powers and
responsibilities of
the President 115. In addition to the duties and powers otherwise
expressly conferred on the President by this
Constitution and the law, the President is entrusted
pursuant to this Constitution with carrying out the
duties specified herein and shall have the following
powers to do so:
(a) to faithfully implement the provisions of this
Constitution and the law, and to promote
compliance by organs of the State and by the
people;
(b) to supervise the efficient and harmonious
functioning of all departments of Government;
(c) to promote the rule of law, and to protect the
rights and freedoms of all people;
(d) to guarantee the independence and territorial
integrity of the Maldives, and to promote respect
for national sovereignty in the international
community;
(e) to formulate fundamental policies of the State,
and to submit policies and recommendations to
the appropriate agencies and institutions of
Government;
(f) to appoint, dismiss and accept the resignation of
members of the Cabinet, and such officials
necessary for the proper functioning of the
duties of his office;

40
(g) to preside over the Cabinet of Ministers;
(h) to issue declarations of war and peace, and to
immediately submit such declarations to the
People’s Majlis for approval;
(i) to declare states of emergency, in accordance
with the provisions of the Constitution;
(j) to determine, conduct and oversee the foreign
policy of the country, and to conduct political
relations with foreign nations and international
organizations;
(k)
1. to enter into general treaties and
agreements with foreign states and
international organizations, which do not
impose any obligations on citizens;
2. to enter into and ratify, with the approval
of the People’s Majlis, treaties and
agreements with foreign states and
international organizations, which
impose obligations on citizens;
(l) to appoint members of diplomatic missions to
foreign countries and international
organizations in consultation with the People’s
Majlis;
(m) to recall and remove from office members of
diplomatic missions to foreign countries and
international organizations;
(n) to receive and recognize the credentials of

41 diplomatic and consular representatives of
foreign countries and other parties and to accept
their letters of recall;
(o) to appoint temporary commissions to advise the
President on national issues and conduct
investigations;
(p) to hold public referendums on issues of national
importance;
(q) to declare national and government holidays;
(r) to issue awards, medals and honorary titles, as
provided by law;
(s) to grant pardons or reductions of sentence as
provided by law, to persons convicted of a
criminal offence who have no further right of
appeal;
(t) to ensure that the security services comply with
their obligations as provided in this
Constitution;
(u) to perform all other duties specifically
authorized by this Constitution and by law.
Government
Ministries 116. (a) The President has discretion to establish all
ministries required within the Government, and
shall determine their areas of jurisdiction. The
President shall submit all information relating to
the ministries and their areas of jurisdiction to
the People’s Majlis for approval.
(b) The People’s Majlis may give to the President
such opinions and views it has on the ministries

42 and their areas of jurisdiction established in
accordance with article (a).
Responsibilities of
the Vice President 117. (a) The Vice President shall exercise such
responsibilities and powers of the President as
are delegated to him by the President.
(b) The Vice President shall perform the
responsibilities of the President if the President
is absent or temporarily unable to perform the
responsibilities of office.
Salary and
allowances 118. The President and Vice President shall be paid such
salary and allowances as determined by the People’s
Majlis.
Restrictions 119. (a) The President and Vice President shall not hold
any other public office or office of profit, actively
engage in a business or in the practice of any
profession, or any other income generating
employment, be employed by any person, buy or
lease any property belonging to the State, or
have a financial interest in any transaction
between the State and any other party.
(b) The President, or any person appointed or
employed by him, and the Vice President, shall
not use his position or any information
entrusted to him by virtue of his office to
improperly benefit himself or any other person.
Declaration of assets 120. Every year, the President shall submit to the Auditor
General a statement of all property and monies owned
by him, business interests and all assets and liabilities.
Resignation 121. (a) The President may resign from office by writing
under his hand submitted to the Speaker of the
People’s Majlis, and the office shall become
vacant when the resignation is received by the

43 Speaker.
(b) The Vice President may resign from office by
writing under his hand submitted to the
President, and the office shall become vacant
when the resignation is received by the
President.
Vacancy of office of
Vice President 122. If the office of Vice President becomes vacant by reason
of death, resignation, removal from office, permanent
incapacity, or succession to the office of the President,
the President shall appoint a new Vice President to
serve the remainder of the term. The appointment shall
be approved by the People’s Majlis.
Temporary inability
of the President to
perform his
responsibilities 123. (a) In the event the President believes himself
temporarily unable to perform the duties and
responsibilities of office, he shall inform the
Speaker of the People’s Majlis in writing
specifying the reasons thereof and shall
handover the duties and responsibilities of his
office to the Vice President. The President shall
resume the responsibilities of his office after
informing the Speaker of the People’s Majlis in
writing.
(b) In the event the President is temporarily unable
to perform the duties and responsibilities of
office, and is not able to inform the Speaker of
the People’s Majlis in writing due to the nature
of the inability, the Vice President shall with the
approval of the majority of the Cabinet do so. In
the event of such an occurrence, and until such
time as the President is able to assume office,
the responsibilities of the office of the President
shall temporarily be assumed by the Vice
President. The President shall resume the
responsibilities of his office after informing the
Speaker of the People’s Majlis in writing.

44
Temporary
incapacity to carry
out duties 124. (a) In the event of the absence or temporary
incapacity of both the President and the Vice
President to carry out the duties of office of the
President, the duties shall be carried out, in
order of priority, by the Speaker of the People’s
Majlis, or by the Deputy Speaker of the People’s
Majlis, or by a member of the People’s Majlis
elected by a resolution of the People’s Majlis,
until the President or Vice President are able to
resume the duties of office.
Permanent
incapacity to carry
out duties (b) In the event of the permanent incapacity,
resignation, removal or death of both the
President or the Vice President, and both offices
becoming vacant at the same time, leading to an
incapacity to carry out the duties of the
President, until such time as a President and a
Vice President shall be elected, the duties of
both offices shall temporarily be carried out, in
order of priority, by the Speaker of the People’s
Majlis, or by the Deputy Speaker of the People’s
Majlis, or by a member of the People’s Majlis
elected by a resolution of the People’s Majlis,
until successors in office are chosen.
Qualifications of
person temporarily
assuming office of
President (c) The qualifications of office for any person
temporarily assuming the office of the President
shall be the same as those for the President.
Presidential
elections on the
vacancy of the office
of President and
Vice President 125. (a) If any of the instances specified in Article 124 (b)
of this Constitution occur and both the office of
the President and the Vice President become
vacant at the same time, a Presidential election
shall be held within sixty days of both offices
becoming vacant and appointments shall be
made to both offices.
(b) In the event of the occurrence of any permanent
incapacity preventing the assumption of the
office of President by the President elect and

45 Vice President elect in the presidential elections,
presidential elections shall be held within sixty
days of such occurrence and appointments shall
be made to both offices.
(c) Where fresh presidential elections have to be
held for any reason during the currency of an
ongoing presidential term, persons elected to the
office of the President or the Vice President shall
only continue in office for the remainder of the
ongoing presidential term. For the purposes of
Article 107 of this Constitution they shall be
dealt with as specified in article (c) of the said
Article.
Oath of office by
persons temporarily
discharging the
duties of the office of
President and Vice
President 126. Any person temporarily discharging the duties of the
office of the President or Vice President shall take and
subscribe before the Chief Justice or his designate, the
relevant oath of office set out in Schedule 1 of this
Constitution.
Criminal
accountability 127. The President and the Vice President shall be
answerable in law for any alleged criminal offence,
whether committed before or during his term of office.
However, if any criminal proceedings are instituted
against the President, the People’s Majlis may if it so
sees fit, by resolution provide that such proceedings
shall not be continued until after the expiration of the
term of office.
Immunity to a
person who has
served as the
President 128. A person who has served in the office of President,
serving his term of office lawfully without committing
any offence, shall be entitled to the highest honour,
dignity, protection, financial privileges and other
privileges entitled to a person who has served in the
highest office of the land. Such protection and
privileges shall be specified in law.

46
CHAPTER V
THE CABINET OF MINISTERS

Cabinet of Ministers 129. (a) There shall be a Cabinet of Ministers appointed
by the President, with responsibility for the
duties and functions assigned to them by the
President, this Constitution and the law.
(b) The Cabinet shall consist of the Vice President,
the Ministers given responsibility for the
different Ministries, and the Attorney General.
(c) Except for the Vice President, the President
must receive the approval of the People’s Majlis
for all appointments to the Cabinet.
(d) The President shall submit to the People’s
Majlis, within seven days of making
appointments to the Cabinet the names of the
appointees to the Cabinet for approval of the
People’s Majlis.
Qualifications of
Ministers 130. (a) A person shall be qualified to be a member of the
Cabinet if he:
1. is a citizen of the Maldives;
2.is not a citizen of a foreign country;
3. is a Muslim and a follower of a Sunni
school of Islam;
4. has attained the age of twenty-five years;
5.is of sound mind.

47
(b) A person is disqualified from being a member of
the Cabinet, or a member of the Cabinet
immediately becomes disqualified, if he:
1. has a decreed debt which is not being
paid as provided in the judgment; or
2. has been convicted of a criminal offence
and sentenced to a term of more than
twelve months, unless a period of three
years has elapsed since his release, or
pardon for the offence for which he was
sentenced.
Oath of office 131. A member of the Cabinet shall assume office upon
taking and subscribing, before the Chief Justice or his
designate, the oath of office of members of the Cabinet
set out in Schedule 1 of this Constitution.
Responsibilities of
the Cabinet 132. The members of the Cabinet shall comply with all the
provisions of the Constitution and the law, and shall
faithfully discharge the responsibilities assigned to
them by the President, including the following:
(a) to recommend to and assist the President in
determining the general policies of the State,
and to supervise and implement those policies in
all areas of government activity, in accordance
with the Constitution and the law;
(b) to advise and recommend draft bills and
proposals to the President, to be prepared for
submission to the People’s Majlis;
(c) to direct, review and coordinate the work of the
Government;
(d)to ensure good relations and smooth functioning

48 between the Government and other organs of
the State in their areas of responsibility;
(e) to prudently and carefully manage the assets of
the State within their areas of responsibility;
(f) to recommend to and assist the President in
formulating the general policies of the State in
relation to national and international matters,
and to direct, review and coordinate the
political, economic and social development of
the Maldives;
(g) to promote, protect and uphold the rule of law,
and defend public safety and the public interest;
(h) to perform all other duties specifically
authorized by the Constitution and by law.

Attorney General 133. (a) The President shall appoint a person with
distinguished education and experience in the
legal field, who is also qualified to be a member
of the Cabinet, as Attorney General. He shall be
the legal advisor to the Government.
(b) It is the duty of the Attorney General to advise
the Government on all legal matters affecting
the State. The Attorney General’s duties include
performance of all legal duties pertaining to his
office, and discharge of all responsibilities
required to be discharged by the Attorney
General, by the Constitution and by law.
(c) The Attorney General has the right of audience
in all courts of the Maldives, and the State shall
be represented in all courts by the Attorney
General or by a person delegated by him, except
for those matters deemed to be the

49 responsibility of the Prosecutor General in this
Constitution.
(d) The Attorney General shall have authority, with
the leave of the court, to appear as a friend of the
court in any civil proceedings to which the
Government is not a party, where in the opinion
of the Attorney General the interests of the State
or the public interest dictate.
(e) The Attorney General shall promote, protect,
uphold and defend the rule of law, the public
safety, the freedoms of the public and the public
interest.
(f) In the exercise of his powers, the Attorney
General shall be subject only to the Constitution
and the law and shall not be subject to the
control or direction of any person or authority.
(g) The Attorney General shall have power to issue
general directives to the Prosecutor General on
the conduct of criminal proceedings.
Accountability and
responsibility of the
Cabinet 134. (a) Members of the Cabinet are responsible
individually and collectively to the President and
also to the People’s Majlis in the manner
specified by the Constitution for the proper
exercise of the responsibilities and duties
assigned to them.
(b) Members of the Cabinet shall regularly and
fairly report to the President on all matters
under their jurisdiction, and shall provide to the
People’s Majlis information about matters under
their jurisdiction when requested to do so.

50
Salary and
allowances 135. The members of the Cabinet shall be paid such salary
and allowances as determined by the People’s Majlis.
Restrictions 136. (a) A member of the Cabinet shall not hold any
other public office or office of profit, actively
engage in a business or in the practice of any
profession, or any other income generating
employment, be employed by any person, buy or
lease any property belonging to the State, or
have a financial interest in any transaction
between the State and another party.
(b) A member of the Cabinet shall not use his
position or any information entrusted to him by
virtue of his office to improperly benefit himself
or any other person.
Dismissal 137. (a) The President may at his discretion remove any
member of the Cabinet from office by writing
under his hand addressed to such member.
(b) Despite the provisions of article (a), the
President does not have the discretion to remove
the Vice President from office.
Declaration of assets 138. Every member of the Cabinet shall annually submit to
the Auditor General a statement of all property and
monies owned by him, business interests and all assets
and liabilities.
Resignation 139. A member of the Cabinet may resign from office by
writing under his hand submitted to the President, and
the office shall become vacant when the resignation is
received by the President.
A minister to be
responsible for each
government
authority 140. A member of the Cabinet shall be given responsibility
for each authority or institute established by the
Government or the People’s Majlis, except for
independent institutions specified in this Constitution

51 or established pursuant to law. Such member of the
Cabinet must take responsibility for the operation of
such authority or institution and must be accountable
for it.

CHAPTER VI
THE JUDICIARY

Judiciar y 141. (a) The judicial power is vested in the Supreme
Court, the High Court, and such Trial Courts as
established by law.
(b) The Supreme Court shall be the highest authority
for the administration of justice in the Maldives.
The Chief Justice shall be the highest authority
on the Supreme Court. All matters adjudicated
before the Supreme Court shall be decided upon
by a majority of the judges sitting together in
session.
(c) No officials performing public functions, or any
other persons, shall interfere with and influence
the functions of the courts.
(d) Persons or bodies performing public functions,
through legislative and other measures, must
assist and protect the courts to ensure the
independence, eminence, dignity, impartiality,
accessibility and effectiveness of the courts.

52
Compliance with la w 142. The Judges are independent, and subject only to the
Constitution and the law. When deciding matters on
which the Constitution or the law is silent, Judges must
consider Islamic Shari’ah. In the performance of their
judicial functions, Judges must apply the Constitution
and the law impartially and without fear, favour or
prejudice.
Jurisdiction of the
courts 143. (a) The Supreme Court and the High Court shall
have jurisdiction to enquire into and rule on the
constitutional validity of any statute or part
thereof enacted by the People’s Majlis.
(b) In any matter before them, all courts have
jurisdiction to determine matters concerning the
interpretation and application of any provision of
the Constitution, and this shall not be deemed
contrary to article (a).
(c) Every court has jurisdiction to overturn the
decision of a lower court.
(d) Lower courts shall follow the decisions of a
higher court.
Powers in
constitutional matters 144. When deciding a constitutional matter within its
jurisdiction, a court:
(a) may declare that any statute, regulation or part
thereof, order, decision or action of any person
or body performing a public function that is
inconsistent with the Constitution is invalid to
the extent of the inconsistency; and
(b) may in connection with a declaration pursuant
to article (b) make any order that is just and
equitable, including:

53
1. an order providing just compensation for
any damage sustained by any person or
group of persons due to any statute,
regulation or action that is inconsistent
with the Constitution; or
2. an order suspending the declaration of
invalidity (of a statute, regulation or
action due to inconsistency with the
Constitution) for any period and on any
conditions, to allow the competent
authority to correct the defect:
(c) may make an order limiting the retrospective
effect of a declaration of invalidity of a statute,
regulation or part thereof, order, decision or
action of any person or body performing a public
function that is inconsistent with the
Constitution.
Supreme Court 145. (a) The Supreme Court shall consist of the Chief
Justice and such number of Judges as provided
by law. The Supreme Court shall consist of an
uneven number of Judges.
(b) Matters shall be disposed of in the Supreme
Court by an uneven number of Judges sitting
together in session.

54
(c) The Supreme Court shall be the final authority
on the interpretation of the Constitution, the
law, or any other matter dealt with by a court of
law.
High Court 146. (a) The High Court shall consist of such number of
Judges as provided by law.
(b) Matters shall be disposed of in the High Court
by an uneven number of Judges sitting together
in session.
Appointment of the
Chief Justice 147. There shall be a Chief Justice of the Maldives. The
President as the Head of State shall appoint the Chief
Justice, after consulting the Judicial Service
Commission and confirmation of the appointee by a
majority of the members of the People’s Majlis present
and voting.
Appointment of
Judges 148. (a) The President as the Head of State shall appoint
the Judges of the Supreme Court, after
consulting the Judicial Service Commission and
confirmation of the appointees by a majority of
the members of the People’s Majlis present and
voting.
(b) All other Judges shall be appointed by the
Judicial Service Commission, to be established
in accordance with the provisions of this
Constitution.
(c) Judges shall be appointed without term, but
shall retire at the age of seventy years.
(d) Notwithstanding article (c), for a period of
fifteen years from the commencement of the
Constitution, Judges may be appointed for a
fixed term of not more than five years, as
specified in the terms of their appointment.

55
Qualifications of
Judges 149. (a) A person appointed as a Judge in accordance
with law, must possess the educational
qualifications, experience and recognized
competence necessary to discharge the duties
and responsibilities of a Judge, and must be of
high moral character.
(b) In addition to the qualifications specified in
article (a), a Judge shall possess the following
qualifications:-
1. be a Muslim and a follower of a Sunni
school of Islam;
2. be twenty-five years of age;
3. has not been convicted of an offence for
which a hadd is prescribed in Islam,
criminal breach of trust, or bribery;
4. be of sound mind.
(c) A person appointed to be a Judge of the
Supreme Court, shall be at least thirty years of
age; possess at least seven years experience as a
Judge or practicing lawyer or both as a Judge
and a practicing lawyer, and must be educated in
Islamic Shari’ah or law.
(d) The People’s Majlis shall pass a statute relating
to Judges.
Oath of office of
Judges 150. Every Judge shall take and subscribe the oath of office
of Judges set out in Schedule 1 of this Constitution
before assuming office.

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Full time
performance 151. Every Judge shall devote his full time to the
performance of the responsibilities of a Judge. A Judge
shall perform other work only in accordance with and
as specified by the statute relating to Judges.
Salary and allowances 152. Judges shall be paid such salary and allowances in
keeping with the stature of their office as determined
by the People’s Majlis.
Declaration of assets 153. Every Judge shall annually submit to the Judicial
Service Commission a statement of all property and
monies owned by him, business interests and all assets
and liabilities.
Tenure and removal 154. (a) A Judge shall not be removed from office during
good behavior and compliance with judicial
ethics.
(b) A Judge may be removed from office only if the
Judicial Service Commission finds that the
person is grossly incompetent, or that the Judge
is guilty of gross misconduct, and submits to the
People’s Majlis a resolution supporting the
removal of the Judge, which is passed by a two-
thirds majority of the members of the People’s
Majlis present and voting.
Power to determine
the jurisdiction of
courts and to enact
administrative laws
relating to the courts 155. The People’s Majlis shall have authority to pass laws
concerning the administration of the courts, the trial
and appellate jurisdiction of the courts and trial
procedures.
Administration of the
courts 156. The courts have the inherent power to protect and
regulate their own process, in accordance with law and
the interests of justice.

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CHAPTER VII
INDEPENDENT COMMISSIONS AND OFFICES
JUDICIAL SERVICE COMMISSION

Judicial Service
Commission 157. (a) There shall be a Judicial Service Commission of
the Maldives.
(b) The Judicial Service Commission is an
independent and impartial institution. It shall
perform its duties and responsibilities in
accordance with the Constitution and any laws
enacted by the People’s Majlis. The jurisdiction
of the Judicial Service Commission shall extend
to all members of the Judiciary and such other
persons as designated by the People’s Majlis.
(c) The Judicial Service Commission shall function
as provided by the statute governing the Judicial
Service Commission. Such statute shall specify
the responsibilities, powers, mandate,
qualifications, and ethical standards of
members.
Composition of the
Judicial Service
Commission 158. The Judicial Service Commission shall consist of:
(a) the Speaker of the People’s Majlis;
(b) a Judge of the Supreme Court other than the
Chief Justice, elected by the Judges of the
Supreme Court;

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(c) a Judge of the High Court, elected by the Judges
of the High Court;
(d) a Judge of the Trial Courts, elected by the
Judges of the Trial Court;
(e) a member of the People’s Majlis appointed by it;
(f) a member of the general public appointed by the
People’s Majlis;
(g) the Chair of the Civil Service Commission;
(h) a person appointed by the President;
(i) the Attorney General;
(j) a lawyer elected from among the lawyers
licensed to practise in the Maldives by
themselves.
Responsibilities and
powers 159. The Judicial Service Commission is entrusted with the
responsibility and power:
(a) to appoint, promote and transfer Judges other
than the Chief Justice and Judges of the
Supreme Court, and to make recommendations
to the President on the appointment of the Chief
Justice and Judges of the Supreme Court;
(b) to investigate complaints about the Judiciary,
and to take disciplinary action against them,
including recommendations for dismissal;

59
(c) to make rules:

1. regarding schemes for recruitment and
procedures for the appointment of
Judges;

2. ethical standards of Judges;

3. providing for such matters as are
necessary or expedient for the exercise,
performance and discharge of the
duties and responsibilities of the
Commission;
(d) to advise the President and the People’s Majlis
on any other matter relating to the Judiciary or
the administration of justice;
(e) to exercise such additional powers and functions
prescribed by this Constitution or by law.
Constituting the
Judicial Service
Commission 160. The President as Head of the State shall constitute the
Judicial Service Commission as specified in this
Chapter.
Term of office of
members of the
Judicial Service
Commission 161. A member of the Judicial Service Commission:
(a) appointed pursuant to Article 158 (b), (c), (d), (e),
(f), (h) or (j), holds office for a term of five years
and is not eligible for reappointment;
(b) appointed by virtue of the office he held pursuant
to Article 158 (a), (g), or (i) remains a member of
the Judicial Service Commission only as long as
that office is held.

60
Resignation from
membership of the
Judicial Service
Commission 162. A member of the Judicial Service Commission may
resign from office by writing under his hand addressed
to the President, and the office shall become vacant
when the resignation is received by the President. A
member appointed under Articles 158 (a), (g), or (i)
may not resign pursuant to this Article.
Quorum and voting 163. A majority of the members shall constitute a quorum at
a meeting of the Judicial Service Commission, and any
decision of the Judicial Service Commission shall be
taken by a majority of votes of the members present
and voting.
Salary and allowances 164. A member of the Judicial Service Commission who is
not a member of the Executive, the Judiciary, or the
People’s Majlis shall be paid such salary and allowances
as may be determined by the People’s Majlis.
Removal from offi ce 165. A member of the Judicial Service Commission
appointed pursuant to Article 158 (b), (c), (d), (e), (f),
(h) or (j), may be removed from office by the appointor.
Members of the Judicial Service Commission
appointed by virtue of the office held pursuant to
Articles 158 (a), (g), or (i) shall be removed from
membership of the Judicial Service Commission upon
vacation of the office he holds.
Oath of office 166. Every member of the Judicial Service Commission shall
take and subscribe the oath of office of members of the
Judicial Service Commission set out in Schedule 1 of
this Constitution before assuming office.

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ELECTIONS COMMISSION

Elections
Commission 167. (a) There shall be an Elections Commission of the
Maldives.
(b) The Elections Commission is an independent
and impartial institution. It shall exercise its
duties and responsibilities in accordance with
the Constitution and laws enacted by the
People’s Majlis.
(c) The Elections Commission shall function as
provided by the statute governing the Elections
Commission. Such statute shall specify the
responsibilities, powers, mandate,
qualifications, and ethical standards of
members.
Appointment and
composition of the
Elections
Commission 168. (a) The Elections Commission shall comprise of at
least five members including the Chairman of
the Commission.
(b) The President shall appoint to the Elections
Commission those persons approved by a
majority of the People’s Majlis from the names
submitted to the People’s Majlis as provided for
in the statute governing the Elections
Commission.
Qualifications 169. To be qualified for appointment to the Elections
Commission, a person shall possess the educational
qualifications, experience and recognized competence
necessary to discharge the functions of the Elections
Commission. Members of the Elections Commission
shall not engage in any other employment.

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Responsibilities and
powers 170. The Elections Commission’s responsibilities and
powers include the following:
(a) to conduct, manage, supervise, and facilitate all
elections and public referendums, to ensure the
proper exercise of the right to vote, and to
ensure that all elections and public referendums
are conducted freely and fairly, without
intimidation, aggression, undue influence or
corruption;
(b) to prepare, maintain, and update electoral rolls,
and to make all arrangements for holding
elections and public referendums;
(c) to hold and declare the results of those elections
and public referendums within periods
prescribed by law;
(d) to compile the register of voters in each
constituency, to revise it at such periods as shall
be determined by law and to provide for
publication of the register in the Government
Gazette;
(e) to fix, vary, demarcate and continuously review
the boundaries and names of constituencies or
voting units in all elections in accordance with
principles specified by law and to provide for
publication of any amendments in the
Government Gazette;
(f) to register political parties, and to perform those
actions relating to political parties as specified
by law;
(g) to educate and create awareness among the
general public on the electoral process and its
purpose;

63
(h) to perform such additional functions as may be
prescribed by law.
Voting and recording
of results 171. (a) Voting in all public elections or public
referendums conducted by the Elections
Commission, shall be by secret ballot.
(b) Immediately after the close of the polls, the
presiding officer who is appointed by the
Elections Commission shall, in the presence of
such candidates or their representatives if
present, and any other persons authorized by
law to be present, count at that polling station
the ballot papers of that station, and record and
publicly declare the votes cast in favour of each
candidate or question in a public referendum.
Elections petitions 172. (a) A person may challenge a decision of the
Elections Commission concerning an election or
a public referendum, or may challenge the
results of an election, or contest the legality of
any other matter related to an election, by
means of an election petition presented to the
High Court.
(b) The manner for dealing with any challenge
submitted pursuant to article (a) shall be
provided for in a statute on elections.
Term of office of
members of the
Elections
Commission 173. A member of the Elections Commission shall be
appointed for one term of five years. The People’s
Majlis can approve the renewal of the appointment for
an additional term of not more than five years.
Resignation from
membership of the
Elections
Commission 174. A member of the Elections Commission may resign
from office by writing under his hand addressed to the
President, and the office shall become vacant when the
resignation is received by the President.

64
Quorum and voting 175. A majority of the members of the Elections
Commission shall constitute a quorum at a meeting of
the Elections Commission, and any decision of the
Elections Commission shall be taken by a majority of
votes of the members present and voting.
Salary and
allowances 176. The members of the Elections Commission shall be
paid such salary and allowances as determined by the
People’s Majlis.
Removal from office 177. A member of the Elections Commission shall be
removed from office only for the reasons specified in
article (a), and in the manner specified in article (b):
(a) on the ground of misconduct, incapacity or
incompetence; and
(b) a finding to that effect by a committee of the
People’s Majlis pursuant to article (a), and upon
the approval of such finding by the People’s
Majlis by a majority of those present and voting,
calling for the member’s removal from office,
such member shall be deemed removed from
office.
Oath of office
178. Every member of the Elections Commission shall take
and subscribe the oath of office of members of the
Elections Commission set out in Schedule 1 of this
Constitution before assuming office.

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CIVIL SERVICE COMMISSION
Civil Service
Commission 179. (a) There shall be a Civil Service Commission of the
Maldives.
(b) The Civil Service Commission is an independent
and impartial institution. It shall perform its
duties and responsibilities in accordance with
the Constitution and any laws enacted by the
People’s Majlis. The Civil Service Commission
shall strive to achieve and maintain an effective
and efficient civil service with high standards of
professional ethics.
(c) The Civil Service Commission shall function as
provided by the statute governing the Civil
Service Commission. Such statute shall specify
the responsibilities, powers, mandate,
qualifications, and ethical standards of
members.
Appointment and
composition of the
Civil Service
Commission 180. (a) The Civil Service Commission shall comprise of
at least five members including the Chairman of
the Commission.
(b) The President shall appoint to the Civil Service
Commission those persons approved by a
majority of the members of the People’s Majlis
present and voting, from the names submitted
to the People’s Majlis as provided for in the
statute governing the Civil Service Commission.
Qualifications 181. To be qualified for appointment to the Civil Service
Commission, a person shall possess the educational
qualifications, experience and recognized competence
necessary to discharge the functions of the Civil Service
Commission. Members of the Civil Service Commission

66 shall not engage in any other employment.
Responsibilities and
powers 182. (a) The Civil Service Commission’s responsibilities
and powers include the following:
1. to recruit, appoint, promote, transfer and
dismiss the members of the Civil Service, as
defined by law;
2. to establish uniform standards of
organization and administration within the
Civil Service;
3. to formulate measures to ensure effective
and efficient performance within the Civil
Service;
4. to establish personnel procedures relating to
recruitment, appointments, transfers,
promotions and dismissals;
5. to report to the Executive and to the
People’s Majlis on its activities and the
performance of its functions, including
personnel policies, findings, directions and
advice it may give, and an evaluation of the
extent to which the values and principles set
out in article (b) are complied with;
6. to exercise or perform such additional
powers and responsibilities prescribed by
law.
(b) In carrying out its powers and functions, the Civil
Service Commission shall be governed by
democratic values and principles, including the

67 following:
1. a high standard of professional ethics shall be
promoted and maintained;
2. efficient, economic and effective use of
resources shall be promoted;
3. services shall be provided impartially, fairly,
equitably and without prejudice;
4. the needs of the public shall be responded to,
and the public shall be encouraged to
participate in policy-making;
5. the accountability of the Civil Service to all
branches of the State and to the public;
6. transparency shall be fostered by providing
the public with timely, accessible and
accurate information;
7. good human-resource management and
career-development practices to maximise
human potential shall be cultivated;
8. employment and personnel management
practices shall be based on ability, analysis of
determined principles and fairness;
9. no member of the Civil Service may be
favoured or prejudiced only because of
support for or opposition to a particular
political party or cause;

68
10. no member of the Civil Service shall use his
position or any information entrusted to him
to improperly benefit himself or any other
person.
Term of office of
members of the Civil
Service Commission 183. A member of the Civil Service Commission shall be
appointed for one term of five years. The People’s
Majlis can approve the renewal of the appointment for
an additional term of not more than five years.

Resignation from
membership of the
Civil Service
Commission 184. A member of the Civil Service Commission may resign
from office by writing under his hand addressed to the
President, and the office shall become vacant when the
resignation is received by the President.
Quorum and voting 185. A majority of the members of the Civil Service
Commission shall constitute a quorum at a meeting of
the Civil Service Commission, and any decision of the
Civil Service Commission shall be taken by a majority
of votes of the members present and voting.
Salary and
allowances 186. The members of the Civil Service Commission shall be
paid such salary and allowances as may be determined
by the People’s Majlis.
Removal from office 187. A member of the Civil Service Commission shall be
removed from office only for the reasons specified in
article (a), and in the manner specified in article (b):
(a) on the ground of misconduct, incapacity or
incompetence; and

69

HUMAN RIGHTS COMMISSION

Human Rights
Commission

189. (a) There shall be a Human Rights Commission of
the Maldives.
(b) The Human Rights Commission is an
independent and impartial institution. It shall
promote respect for human rights impartially
without favour and prejudice.
(c) The Human Rights Commission shall function
as provided by the statute governing the Human
Rights Commission. Such statute shall specify
the responsibilities, powers, mandate,
qualifications, and ethical standards of
members.
Appointment and
composition of the
Human Rights
Commission 190. (a) The Human Rights Commission shall comprise
of at least five members including the Chairman
of the Commission.
(b) a finding to that effect by a committee of the
People’s Majlis pursuant to article (a), and upon the
approval of such finding by the People’s Majlis by a
majority of those present and voting, calling for the
member’s removal from office, such member shall
be deemed removed from office.
Oath of office
188. Every member of the Civil Service Commission shall
take and subscribe the oath of office of members of the
Civil Service Commission set out in Schedule 1 before
assuming office.

70
(b) The President shall appoint to the Human
Rights Commission those persons approved by a
majority of the members of the People’s Majlis
from the names submitted to the People’s Majlis
as provided for in the statute governing the
Human Rights Commission.
Qualifications 191. To be qualified for appointment to the Human Rights
Commission, a person shall possess the educational
qualifications, experience and recognized competence
necessary to discharge the functions of the Human
Rights Commission. Members of the Elections
Commission shall not engage in any other employment.
Responsibilities and
powers 192. (a) The Human Rights Commission’s
responsibilities and powers shall include the
following:
1. to promote respect for human rights;
2. to promote the protection, development
and attainment of human rights;
3. to monitor and assess the observance of
human rights.
(b) The Human Rights Commission shall have the
following functions and powers, as regulated by
law:
1. to investigate and to report on the
observance of human rights;
2. to take steps to secure appropriate redress
where human rights have been violated;

71
3. to carry out research, and to educate the
public;
4. to exercise such additional powers and
functions prescribed by law.
Term of office of
members of the
Human Rights
Commission 193. A member of the Human Rights Commission shall be
appointed for one term of five years. The People’s
Majlis can approve the renewal of the appointment for
an additional term of not more than five years.
Resignation from
membership of the
Human Rights
Commission 194. A member of the Human Rights Commission may
resign from office by writing under his hand addressed
to the President, and the office shall become vacant
when the resignation is received by the President.
Quorum and voting 195. A majority of the members of the Human Rights
Commission shall constitute a quorum at a meeting of
the Human Rights Commission, and any decision of
the Human Rights Commission shall be taken by a
majority of votes of the members present and voting.
Salary and
allowances 196. The members of the Human Rights Commission shall
be paid such salary and allowances as determined by
the People’s Majlis.
Removal from office 197. A member of the Human Rights Commission shall be
removed from office only for the reasons specified in
article (a) and in the manner specified in article (b):
(a) on the ground of misconduct, incapacity or
incompetence; and
(b) a finding to that effect by a committee of the
People’s Majlis pursuant to article (a), and
upon the approval of such finding by the
People’s Majlis by a majority of those present
and voting, calling for the member’s removal

72 from office, such member shall be deemed
removed from office.
Oath of office 198. Every member of the Human Rights Commission shall
take and subscribe the oath of office of members of the
Human Rights Commission set out in Schedule 1 of this
Constitution before assuming office.

ANTI-CORRUPTION COMMISSION

Anti-Corruption
Commission 199. (a) There shall be an Anti-Corruption Commission
of the Maldives.
(b) The Anti-Corruption Commission is an
independent and impartial institution. It shall
perform its duties and responsibilities in
accordance with the Constitution and any laws
enacted by the People’s Majlis. The Anti-
Corruption Commission shall work to prevent
and combat corruption within all activities of the
State without fear.
(c) The Anti-Corruption Commission shall function
as provided for by the statute governing the
Anti-Corruption Commission. Such statute shall
specify the responsibilities, powers, mandate,
qualifications, and ethical standards of
members.
(d) The statute governing the Anti-Corruption
Commission shall provide a definition of
corruption.
Appointment and
composition of the
Anti-Corruption
Commission 200. (a) The Anti-Corruption Commission shall comprise
of at least five members including the Chairman
of the Commission.

73
(b) The President shall appoint to the Anti-
Corruption Commission those persons approved
by a majority of the members of the People’s
Majlis present and voting, from the names
submitted to the People’s Majlis as provided for
in the statute governing the Anti-Corruption
Commission.
Qualifications 201. To be qualified for appointment to the Anti-Corruption
Commission, a person shall possess the educational
qualifications, experience and recognized competence
necessary to discharge the functions of the Anti-
Corruption Commission. Members of the Anti-
Corruption Commission shall not engage in any other
employment.
Responsibilities and
powers 202. The Anti-Corruption Commission’s responsibilities and
powers include the following:
(a) to inquire into and investigate all allegations of
corruption; any complaints, information, or
suspicion of corruption must be investigated;
(b) to recommend further inquiries and
investigations by other investigatory bodies, and
to recommend prosecution of alleged offences to
the Prosecutor General, where warranted;
(c) to carry out research on the prevention of
corruption and to submit recommendations for
improvement to relevant authorities regarding
actions to be taken;
(d) to promote the values of honesty and integrity in
the operations of the State, and to promote
public awareness of the dangers of corruption;

74
(e) to perform any additional duties or functions
specifically provided by law for the prevention of
corruption.
Term of office of
members of the
Anti-Corruption
Commission 203. A member of the Anti-Corruption Commission shall be
appointed for one term of five years. The People’s
Majlis can approve the renewal of the appointment for
an additional term of not more than five years.

Resignation from the
Anti-Corruption
Commission 204. A member of the Anti-Corruption Commission may
resign from office by writing under his hand addressed
to the President, and the office shall become vacant
when the resignation is received by the President.
Quorum and voting 205. A majority of the members of the Anti-Corruption
Commission shall constitute a quorum at a meeting of
the Anti-Corruption Commission, and any decision of
the Anti-Corruption Commission shall be taken by a
majority of votes of the members present and voting.
Salary and
allowances 206. The members of the Anti-Corruption Commission shall
be paid such salary and allowances as determined by
the People’s Majlis.
Removal from office 207. A member of the Anti-Corruption Commission shall be
removed from office only for the reasons specified in
article (a) and in the manner specified in article (b):
(a) on the ground of misconduct, incapacity or
incompetence; and
(b) a finding to that effect by a committee of the
People’s Majlis pursuant to article (a), and upon
the approval of such finding by the People’s
Majlis by a majority of those present and voting,
calling for the member’s removal from office,
such member shall be deemed removed from
office.

75
Oath of office 208. Every member of the Anti-Corruption Commission
shall take and subscribe the oath of office of members
of the Anti-Corruption Commission set out in Schedule
1 of this Constitution before assuming office.
Auditor General 209. (a) There shall be an independent and impartial
Auditor General of the Maldives.
(b) The Auditor General shall carry out his
responsibilities and duties in accordance with
the Constitution and any laws passed by the
People’s Majlis.
Appointment of
Auditor General
210. The President shall appoint as Auditor General a
person approved by a majority of the total membership
of the People’s Majlis from the names submitted to the
People’s Majlis as provided for in law.
Qualifications of
Auditor General 211. (a) To be qualified for appointment as Auditor
General, a person shall possess the educational
qualifications, experience and recognized
competence necessary to discharge the
responsibilities of the Auditor General. The
Auditor General shall not engage in any other
employment.
(b) A statute shall specify the responsibilities,
powers, mandate, qualifications, and ethical
standards of the Auditor General.
Responsibilities and
powers 212. The Auditor General’s responsibilities and powers
include the following:-
A UDITOR GENERAL

76
(a) audit, the accounts, financial statements and
financial management and prepare and publish
reports on:
1.all Government ministries;
2. departments operating under Government
ministries;
3.other government agencies and offices;
4. all offices and organisations operating under
the legislative authority;
5. Independent Commissions and Independent
Offices established in accordance with the
Constitution and law, and all offices
operating under the same;
6. all offices and organisations operating under
the judicial authority;
(b) in addition to the institutions specified in article
(a) any other institution or organisation
required by law to be audited by the Auditor
General.
(c) Subject to law, the Auditor General may audit,
report on and publish the accounts, financial
statements and financial management of:
1. any institution primarily funded by the State;
2. any business entity, in which shares are
owned by the State.

77
Reporting 213. The Auditor General shall submit audit reports and an
annual report to the President and the People’s Majlis,
and to any other authority prescribed by law.
Audit of the Auditor
General’s office 214. The office of the Auditor General shall be audited as
specified in law.
Term of office of the
Auditor General 215. The Auditor General shall be appointed for one term of
seven years. The appointment may be renewed for an
additional term of not more than five years in
accordance with the statute relating to the Auditor
General, by a resolution passed by a majority of the
total membership of the People’s Majlis.
Resignation of
Auditor General 216. The Auditor General may resign from office by writing
under his hand addressed to the President, and the
office shall become vacant when the resignation is
received by the President.
Salary and
allowances 217. The Auditor General shall be paid such salary and
allowances as determined by the People’s Majlis.
Removal from office 218. The Auditor General shall be removed from office only
for the reasons specified in article (a) and in the
manner specified in article (b):
(a) on the ground of misconduct, incapacity or
incompetence; and
(b) a finding to that effect by a committee of the
People’s Majlis, pursuant to article (a) and upon
the approval of such finding by the People’s
Majlis by a majority of those present and voting,
calling for the Auditor General’s removal from
office, the Auditor General shall be deemed
removed from office.
Oath of office 219. The Auditor General shall take and subscribe the oath

78
PROSECUTOR GENERAL

Prosecutor General 220. (a) There shall be an independent and impartial
Prosecutor General of the Maldives.
(b) The Prosecutor General shall carry out his
responsibilities and duties in accordance with
the Constitution and any laws passed by the
People’s Majlis.
(c) The Prosecutor General is independent and
impartial, and he shall not be under the
direction or control of any person or authority in
carrying out his responsibilities and the exercise
of his powers. He shall carry out his
responsibilities and exercise his powers without
fear, favour or prejudice, subject only to the
general policy directives of the Attorney General,
and on the basis of fairness, transparency, and
accountability.
Appointment of
Prosecutor General
221. The President shall appoint as Prosecutor General a
person approved by a majority of the total membership
of the People’s Majlis from the names submitted to the
People’s Majlis as provided for in law.
Qualifications of
Prosecutor General 222. To be qualified for appointment as Prosecutor General,
a person shall possess the educational qualifications,
experience and recognized competence necessary to
discharge the responsibilities of the Prosecutor
General. The Prosecutor General shall not engage in
any other employment. of office of the Auditor General set out in Schedule 1 of
this Constitution before assuming office.

79
Responsibilities and
powers of the
Prosecutor General 223. The Prosecutor General’s responsibilities and powers
include the following:-
(a) to supervise the prosecution of all criminal
offences in the Maldives;
(b) to consider and assess evidence presented by
investigating bodies to determine whether
charges should be pursued;
(c) to institute and conduct criminal proceedings
against any person before any court in respect of
any alleged offence;
(d) to oversee the legality of preliminary inquiries
and investigations into alleged criminal activity;
(e) to monitor and review the circumstances and
conditions under which any person is arrested,
detained or otherwise deprived of freedom prior
to trial;
(f) to order any investigation that he deems
desirable into complaints of criminal activity or
into any other criminal activity of which he
becomes aware;
(g) to take over, review and continue any criminal
proceedings instituted by any prosecuting body
authorized to initiate prosecutions pursuant to a
law enacted by the People’s Majlis, and at his
discretion to discontinue any criminal
proceedings at any stage prior to judgment;
(h) to review or revert any decision to prosecute or
not to prosecute any alleged offender, or to
discontinue any prosecution;

80
(i) to appeal any judgment, verdict or decision in a
criminal matter;
(j) to issue policy directives which shall be observed
in the entire prosecutorial process;
(k) to uphold the constitutional order, the law, and
the rights and freedoms of all citizens.
Acting through
agents 224. The responsibilities and powers of the Prosecutor
General may be assigned with his express instructions,
to any person working under his mandate or to any
other person.
Term of office of the
Prosecutor General 225. The Prosecutor General shall be appointed for one term
of five years. The People’s Majlis can approve the
renewal of the appointment for an additional term of
not more than five years in accordance with the statute
relating to the Prosecutor General.
Resignation of
Prosecutor General 226. The Prosecutor General may resign from office by
writing under his hand addressed to the President, and
the office shall become vacant when the resignation is
received by the President.
Salary and
allowances 227. The Prosecutor General shall be paid such salary and
allowances as determined by the People’s Majlis.
Removal from office 228. The Prosecutor General shall be removed from office
only for the reasons specified in article (a) and in the
manner specified in article (b):
(a) on the ground of misconduct, incapacity or
incompetence; and

81
(b) a finding to that effect by a committee of the
People’s Majlis, pursuant to article (a) and upon
the approval of such finding by the People’s
Majlis by a majority of those present and voting,
calling for the Prosecutor General’s removal
from office, the Prosecutor General shall be
deemed removed from office.
Oath of office 229. The Prosecutor General shall take and subscribe the
oath of office of the Prosecutor General set out in
Schedule 1 of this Constitution before assuming office.

CHAPTER VIII
DECENTRALISED ADMINISTRATION

Decentralised
administration 230. (a) The administrative divisions of the Maldives
shall be administered decentrally.
(b) In order to provide for decentralised
administration, the President has the power, as
provided in law, to create constituencies, posts,
island councils, atoll councils and city councils.
(c) The jurisdiction and characteristics of
constituencies, posts and councils created to
provide for decentralised administration shall be
specified in law.

82
Election of Councils 231. (a) All members of councils created for
decentralised administration shall be
democratically elected by secret ballot by their
respective communities.
(b) The President and the Vice President of the
councils elected to administer the administrative
divisions shall be elected from among the
members of each council by secret ballot of the
members.
(c) The term of councils elected to administer the
constituencies shall not exceed three years.
(d) The People’s Majlis shall enact a statute
governing the election of members of councils
created for decentralised administration.
(e) The elections of councils created for
decentralised administration shall be conducted
by the Elections Commission.
Responsibilities 232. The responsibilities of councils elected to provide for
decentralised administration shall include:
(a) to provide democratic and accountable
governance;
(b) to foster the social and economic well-being and
development of the community;
(c) to establish a safe, healthy and ecologically
diverse environment;
(d) to achieve such other objects as prescribed by
law.

83
CHAPTER IX
SECURITY SERVICES
Authority to enact
subordinate
legislation 233. A bylaw or decision of a local authority shall be subject
to Acts or Regulation of the People’s Majlis.
Finance 234. Local authorities shall be provided with an annual
budget from the Treasury as provided in law, and shall
also have authority, in accordance with statute, to raise
funds.
Ownership of
property and liability
for debts 235. Local authorities shall be empowered to own property
and to incur liabilities, subject to any limitations
prescribed by statute.
Security services 236. The Maldivian security services, consisting of the
Military Service and the Police Service, is established to
enable all persons in the Maldives to live in peace,
security and freedom.
Responsibilities and
duties 237. The security services shall protect the nation’s
sovereignty, maintain its territorial integrity defend the
constitution and democratic institutions, maintain and
enforce law and order, and render assistance in
emergencies.
Constitutional
limitations 238. The actions of the security services must be exercised in
accordance with the Constitution and the law, and
operate on the basis of accountability. The President
shall ensure that these obligations of the security
services are complied with.

84
Authority of the
People’s Majlis over
the security services 239. (a) The People’s Majlis shall enact a statute on the
organization of and the principles pursuant to
which each security service shall operate.
(b) The security services shall be subject to the
authority of the People’s Majlis.
Separate services 240. The security services shall be organized as two separate
services, and shall operate independently of each other.
Multiparty
committee of the
People’s Majlis 241. A committee of the People’s Majlis shall be established
to exercise continuing oversight of the operations of the
security services. The committee shall include
representation from all the different political parties
within the People’s Majlis.
Ministerial
Responsibility 242. Each security service shall be under the responsibility
of a Minister, who shall be answerable for its
operations to the President and to the People’s Majlis.
Military Service 243. (a) The primary object of the Military Service is to
defend and protect the Republic, its territorial
integrity, its Exclusive Economic Zone and the
people.
(b) If the President, as Commander in Chief,
authorizes or orders the employment of the
Military Service in defence of the Republic or as
part of an international undertaking, the
President shall without delay submit the
authorization to the People’s Majlis. The
People’s Majlis may at any time approve the
authorization, or revoke the authorization.
Police Service 244. The primary objects of the Police Service are:
(a) to maintain public order and safety;

85
CHAPTER X
PROPERTY, LIABILITIES AND LEGAL ACTIONS OF
THE STATE

Property and assets
owned and acquired
by the State 247. (a) All property, assets and monies which at the
commencement of this Constitution were vested
in the State shall continue to vest in the State.

(b) to protect and secure all people in the Maldives,
and their property;
(c) to investigate crime, conservation of evidence
and prepare cases for disposition by the courts;
and
(d) to uphold the law.
Illegal orders and
non-compliance 245. No person shall give an illegal order to a member of the
security services. Members of the security services shall
not obey a manifestly illegal order.
Equal treatment 246. (a) Members of the security services shall treat all
persons and groups equally without any
discrimination, and with humanity and dignity
in accordance with the decorous principles of
Islam.
(b) Members of the security services shall not
engage in partisan political activity of any
nature, and shall not affiliate themselves with
any trade union or political party.

86
(b) All property, assets and monies acquired for, or
received by the State shall vest in the State.
Land, sea and
naturally occurring
valuable resources 248. (a) The land, sea, and seabed, including all fish
within the territory of the Maldives, and all
naturally occurring resources, including metallic
ores, petroleum and gas, shall vest in the State.
(b) All living, non-living and naturally occurring
resources of value within the Exclusive
Economic Zone of the Maldives and the seabed
shall vest in the State.
Ownerless propert y 249. (a) 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.
(b) All property such as gold, silver, other precious
metals, jewellery, money and items of historical
interest, excavated within the territory of the
Maldives without a rightful owner, shall vest in
the State.
Transactions relating
to State property 250. (a) Any transfer, sale, lease, release, mortgage (to
any person) or destruction of, any property or
assets owned by the State, and any such other
agreement, shall only be entered into in
accordance with law.
(b) Money, property or any other thing kept as a
reserve in the State Treasury shall be used only
after approval by a resolution passed by a two-
thirds majority of the total membership of the
People’s Majlis.

87
Prohibition of foreign
ownership and foreign
military purposes 251. (a) No foreign party, shall own or be given
ownership of any part of the territory of the
Maldives.
(b) A foreign party shall not receive a lease of, or be
given in any other way, any part of the territory
of the Maldives for a period exceeding ninety
nine years.
(c) No part of the territory of the Maldives shall be
used for foreign military purposes without the
approval of the majority of the total membership
of the People’s Majlis.
Legal actions in the
name of the State 252. Except where specified in this Constitution as the
responsibility of another party, the Executive may sue
or be sued on behalf of the State, and may defend any
action against the State, in any court of the Maldives, in
any foreign court, or in any other place.

CHAPTER XI
STATE OF EMERGENCY

Declaration of a state
of emergency 253. In the event of natural disaster, dangerous epidemic
disease, war, threat to national security, or threatened
foreign aggression, the President may declare a state of
emergency in all or part of the country for a period not
exceeding thirty days.

88
Content of the
declaration 254. The declaration of a state of emergency shall specify the
reasons for the declaration of an emergency, and
include measures to deal with the emergency, which
may include the temporary suspension of the operation
of laws and infringement of certain fundamental rights
and freedoms guaranteed by this Constitution in
Chapter 2.
Limitations of the
declaration 255. (a) Measures adopted in an emergency shall not
contravene this Article.
(b) Measures adopted in an emergency shall not
restrict the following rights and freedoms
contained in the following Articles of this
Constitution:
1. Article 21 (right to life);
2. Article 25 (no slavery or forced labour);
3. Article 27 (freedom of expression);
4. Article 28 (freedom of the media);
5. Article 42 (fair and transparent hearings);
6. Article 48 (b) (rights on arrest or
detention);
7. Article 51 (rights of the accused);

89
8. Article 52 (confessions and illegal
evidence);
9. Article 53 (assistance of legal counsel);
10. Article 54 (no degrading treatment or
torture);
11. Article 55 (no imprisonment for non-
fulfilment of contractual obligation);
12. Article 57 (humane treatment of arrested
or detained persons);
13. Article 59 (retrospective legislation);
14. Article 60 (prohibition of double
jeopardy);
15. Article 62 (retention of other rights);
16. Article 64 (non-compliance with unlawful
orders).
(c) Any infringement of rights and freedoms under
this Constitution and the law shall be only to the
extent strictly required by the emergency.
(d) Measures adopted in an emergency shall be
consistent with the obligations of the Maldives
under international law applicable to states of
emergency.

90
Publication 256. The declaration of a state of emergency shall be
published in the Government Gazette within three days
of its issuance.
Submission of
declaration to the
Peoples Majlis 257. (a) The declaration of a state of emergency shall be
submitted to the People’s Majlis within forty
eight hours. If the People’s Majlis is not in
session at the time of the declaration, it shall be
re-called within fourteen days, inclusive of
holidays, and the declaration of a state of
emergency submitted to the People’s Majlis for
approval.
(b) The People’s Majlis may at any time:
1. approve the declaration in whole or in part;
2. extend the operation of the declaration for
periods not exceeding thirty days at a time;
or
3. revoke the declaration.
(c) Where the President deems it necessary to
extend the length of the state of emergency, he
shall submit the extension to the People’s Majlis
prior to the expiry of the state of emergency, and
obtain the approval of the People’s Majlis for
such extension.
Determination of
disputes relating to
the declaration 258. The Supreme Court shall determine any issues with
regard to the validity in whole or part of the declaration
or any law or order made pursuant to the emergency.
Expiry or revocation
of declaration 259. When the declaration of a state of emergency expires or
is revoked by the People’s Majlis, all laws promulgated

91 pursuant to the declaration shall cease to have effect.
Public
announcement of
expiry of state of
emergency 260. The President must publicly announce the expiration of
the declaration of a state of emergency.

CHAPTER XII
AMENDMENT OF THE CONSTITUTION

Amendment of the
Constitution 261. The Constitution may be amended by a Bill passed by a
three quarters majority of the total membership of the
People’s Majlis.
Assent of President 262. (a) The Bill amending the Constitution passed by
the People’s Majlis shall come into force upon
obtaining the written assent of the President.
(b) Despite the provisions of article (a) above, the
President shall give written assent to any
amendments made by the People’s Majlis to the
following provisions of this Constitution only
after a public referendum decides so by a
majority of the votes cast.
1. Any of the provisions contained in Chapter II
(The Maldivian Charter of Rights and
Freedoms) of this Constitution;
2. Article 79(a) (Term of Majlis);

92
3. Article 107 (Term of office), and Article 108
(Presidential election);
where the amendment does not receive a majority
approval in the public referendum, it shall be deemed
to have been defeated.
Publication in
Government Gazette 263. After assent by the President, the Bill amending the
Constitution passed by the People’s Majlis shall come
into force after publication in the Government Gazette
and on a date fixed by the People’s Majlis.
Non-assent by
President and
national referendum 264. (a) If the President does not assent to the Bill
amending the Constitution passed by the
People’s Majlis within fifteen days of receipt, the
President shall inform the People’s Majlis
specifying the reasons thereof. Where the
President does not inform the People’s Majlis of
the reasons thereof within fifteen days of receipt
the President shall be deemed to have assented
to the Bill.
(b) If the President does not assent to the Bill
amending the Constitution passed by the
People’s Majlis and so informs the People’s
Majlis, the People’s Majlis may within a period
determined by the People’s Majlis call for a
public referendum to vote on the adoption or
rejection of the Bill
(c) If the Bill is approved by a majority in the public
referendum specified in article (b), the President
shall assent to the Bill within fifteen days and
publish it in the Government Gazette.
Defeat of Bill 265. Where the Bill amending this Constitution passed by
the People’s Majlis does not receive a majority approval
in the public referendum, it shall be deemed to have
been defeated.

93
CHAPTER XIII

APPLICATION AND CONSTRUCTION OF THE
CONSTITUTION
Provisions included
in Bill 266. The Bill amending the Constitution may not include
provisions other than constitutional amendments and
matters connected with the amendment.
No amendment
during emergency 267. No amendment shall be made to any provision of the
Constitution during the existence of a state of
emergency.
Supremacy of the
Constitution 268. All laws of the Maldives must be enacted in accordance
with this Constitution. Any law or part of any law
inconsistent with this Constitution is, to the extent of
its inconsistency, void and of no force and effect. The
obligations imposed by this Constitution must be
fulfilled. Any conduct contrary to this Constitution
shall be invalid.
Continuance of laws
in force 269. Unless amended by the People’s Majlis, the laws in
force at the time this Constitution comes into force
which are not inconsistent with this Constitution shall
continue to remain in force.
Continued effect of
repealed laws 270. Acts done pursuant to or in accordance with any law
which is repealed upon the commencement of this
Constitution due to its inconsistency with this
Constitution, remain valid, and the repeal of any such
law shall not affect any right or obligation of a person
under such law or any punishment enforced under
such law.
Regulations enacted
under authority of
Statute 271. Regulations derive their authority from laws passed by
the People’s Majlis pursuant to which they are

94 enacted, and are enforceable pursuant to such lawful
authority. Any regulations requiring compliance by
citizens must only be enacted pursuant to authority
granted by a law enacted by the People’s Majlis.
Ascertainment of
time 272. Terms, periods of times and dates in this Constitution
shall be ascertained in accordance with the Gregorian
Calendar.
Headings 273. The table of contents, headings, and marginal notes
are not part of this Constitution but are inserted for
convenience of reference only.
Definitions 274. (a) In this Constitution, unless the context
otherwise requires, the following words and
phrases shall have the following meanings:
“present and voting” means, of those members
participating in the meeting at which the voting
occurs, being present at the time of voting and
voting either in favour of, or against, the motion
being voted upon. In determining the majority
of those members present and voting, members
who did not vote either for or against the
motion shall not be counted;
“a citizen” means, any person specified as a
citizen of the Maldives in Article 9 of this
Constitution;

“court” means, each and every place established
by the Constitution, or by a law enacted by the
People’s Majlis, for the purpose of conducting a
trial by a judge or bench of judges;
“jurisdiction” means, the area and matters over
which an authority has power to exercise
influence;

95
“election” means, those elections in which,
pursuant to the law to govern administrative
districts under the principles of decentralized
governance, citizens vote to select members of
various councils, as well as general elections
held to select persons as members of the
People’s Majlis and presidential elections held
to select a person to fill the post of President of
the Republic. By-elections held to elect a person
to any of the seats falling vacant comes within
the meaning of elections;
“tenet of Islam” means, the Holy Qur’an and
those principles of Shari’ah whose provenance
is not in dispute from among those found in the
Sunna of the Noble Prophet, and those
principles derived from these two foundations;
“Islamic Shari’ah” means, the Holy Qur’an and
the ways preferred by the learned people within
the community and followers of the Sunnah in
relation to criminal, civil, personal and other
matters found in the Sunna;
“person” or “persons” shall include natural and
legal personalities;
“have a financial interest” means, doing
anything in a manner that could increase his
property or wealth, or safeguard his property or
wealth from loss;
“judge” means, those persons appointed in
accordance with this Constitution to conduct
trials in the Supreme Court, High Court or Trial
Courts;
“constitutional matter” means, proceedings
where the determination of the meaning of an

96 Article of the Constitution or any part thereof is
required, or proceedings requiring a
determination whether a law or any part
thereof, or a regulation or any part thereof, or
an order issued by a State authority, or an act
committed, or a decision taken, by an official of
that authority contravenes the Constitution;
“enemy” means, those foreign nationals who
commit acts detrimental to the independence
and sovereignty of the Maldives. Citizens are
not included in the meaning of “enemies”;
“law” means, those statutes enacted by the
People’s Majlis and assented to by the
President, and those regulations which are
authorized by, and which fall within the ambit
of, those statutes;
“threat to national security” means a threat to
the independence and sovereignty of the
Maldives, or a threat of major damage to
people’s lives, limbs or property. This includes
terrorist attacks and acts of aggression
committed using weapons. This, however, does
not include the exercise by citizens of their legal
rights to conduct peaceful activities in support
of, or against various matters without
contravening the law;
“territorial integrity” means, the security of all
persons, places and things within the territory
of the Maldives or any part thereof and the
Exclusive Economic Zone of the Maldives, and
the retention of the entirety of the territory of
the Maldives under the control of the Maldivian
State;
“tribunal” means any institution not
constituting a court, authorized by law to

97
CHAPTER XIV
TRANSITIONAL MATTERS
adjudicate cases where a dispute arises between
two or more parties and to which an application
is made for adjudication thereto;
“tax” or “a tax” means, all monies levied by the
government from an individual or organization
or other legal entity for the purpose of raising
revenue for the State, and excluding any charge,
fee or rent levied in accordance with law for the
provision of a service.
(b) In this Constitution, words denoted in the
singular tense include the plural tense and vice
versa.
Application of this
Chapter 275. Unless otherwise specifically provided in this Chapter:
(a) the provisions set out in this Chapter shall
apply from the commencement of the
Constitution until the election of and
assumption of office by the President and the
People’s Majlis; and
(b) actions during the transitional period shall be
as provided in this Constitution.
Elections
Commission 276. (a) A five member Elections Commission shall in
the manner specified in this Chapter, be
appointed within thirty days of the
commencement of this Constitution.

98
(b) The members of the Elections Commission shall
be appointed as follows:-
1. each of the political parties shall submit
to the People’s Majlis one nomination for
appointment to the Elections
Commission;
2. the People’s Majlis shall by resolution
passed by a two-thirds majority of those
present and voting confirm the
appointment of five members to the
Elections Commission from the
nominations received from the political
parties;
3. where five members are not confirmed as
provided for in article (b) (2), the
political party or parties whose
nominations were unsuccessful shall be
given the opportunity to submit further
nominations in numbers equal to the
membership positions unfilled;
4. where the nominations submitted by the
political parties as provided for in article
(a) falls short of five names; the political
parties shall be afforded the opportunity
to submit further names;
5. the members of the Elections
Commission shall appoint a Chairman of
the Elections Commission from amongst
themselves;
6. for the purposes of this Chapter a
political party shall mean a party which
has held its elections and post bearers
appointed to its posts.

99
Vacancy in Elections
Commission 277. Vacancies in the Elections Commission shall be filled
in accordance with the provisions of this Chapter on
appointments to the Elections Commission.
Qualifications of
members of the
Elections
Commission 278. (a) The members of the Elections Commission
established pursuant to this Chapter shall
possess the qualifications specified in Article
169 of this Constitution.
(b) A member of the Elections Commission shall
not be a member of any political party.
Responsibilities of the
Elections
Commission 279. The responsibilities of the Elections Commission
appointed pursuant to this Chapter shall be to do all
things necessary to conduct, manage, supervise and
declare the results of the elections held pursuant to
this Chapter, perform actions relating to political
parties, and such additional functions specified in this
Constitution to the extent required during the
transitional period.
Term of Elections
Commission 280. The Elections Commission appointed pursuant to this
Chapter shall continue until the appointment, by the
People’s Majlis elected as specified in the Chapter,
“The People’s Majlis” (of this Constitution), of a new
Elections Commission as specified in the Chapter,
“Independent Commissions and Independent Offices”
(of this Constitution).
Judicial Service
Commission 281. (a) A Judicial Service Commission composed of the
following persons, shall be appointed within
thirty days of the commencement of this
Constitution:
1. a Judge of the Supreme Court other than the
Chief Justice, elected by the Judges of the
Supreme Court;

100
2. a Judge of the High Court, elected by the
Judges of the High Court;
3. a Judge of the Trial Courts, elected by the
Judges of the Trial Courts;
4. a member of the People’s Majlis appointed
by it;
5. a member of the general public appointed by
the People’s Majlis;
6. the Chair of the Civil Service Commission;
7. a person appointed by the President;
8. a lawyer elected from among the lawyers
licensed to practise in the Maldives by
themselves.
(b) Despite the provisions of article (a), a Judge
from the Supreme Court shall only be
appointed to the Judicial Service Commission
after appointment of Judges to the Supreme
Court as specified in this Chapter.
(c) The Judicial Service Commission appointed as
provided in this Chapter shall continue until
constitution by the next elected People’s Majlis,
of a Judicial Service Commission as specified in
this Constitution.
Supreme Court 282. (a) A Supreme Court comprising of five Judges,
shall within forty five days of the
commencement of this Constitution, be
appointed to deal with all legal disputes arising

101 under this Constitution and all matters coming
to it on appeal from the High Court.
(b) Until the establishment of the Supreme Court
as provided for in this Chapter and
appointment of a person to carry out the
responsibilities of the Chief Justice as specified
in article (c), the highest authority for the
administration of justice in the Maldives shall
be a Judge of the High Court chosen from
among themselves.
(c) Until such time as the new People’s Majlis upon
the recommendation of the Judicial Service
Commission constituted as specified for in this
Constitution, appoints a Chief Justice as
provided for in Article 147, the responsibilities
of that office shall be administered by a Judge
chosen from within themselves by the Judges
appointed to the Supreme Court in the manner
specified in this Chapter.
(d) All matters pending on appeal to the President
at the commencement of this Constitution shall
henceforth be dealt with and deemed to be
pending before the Supreme Court. There shall
be no further recourse of appeal from the High
Court to the President from then onwards.
(e) The Supreme Court established as provided for
in this Chapter, in formulating the principles
applicable to the appeal process shall ensure
that the following cases have the opportunity of
appeal:
1. those cases disposed of by the High
Court where the right of appeal has been
lost between the commencement of this
Constitution and establishment of the
Supreme Court pursuant to this Chapter;

102
2. those cases disposed of by the High
Court between the commencement of
this Constitution and establishment of
the Supreme Court pursuant to this
Chapter;
Appointment o f
Judges to the
Supreme Court 283. (a) The President as Head of the State shall appoint
Judges to the Supreme Court established as
specified in this Chapter. The appointments
shall be determined after consulting the
Judicial Service Commission and confirmation
of the appointments by a two-thirds majority of
the members of the People’s Majlis present and
voting.
(b) The Judges of the Supreme Court appointed
pursuant to this Chapter shall possess the
qualifications specified in Article 149 of this
Constitution.
Term of Supreme
Court 284. The Supreme Court appointed pursuant to this
Chapter shall continue until the establishment of the
Supreme Court as provided for in Article 145 of this
Constitution.
Continuation of
Judges 285. (a) All Judges in office at the commencement of
this Constitution except for the Chief Justice
shall continue in office until such time as a
determination pursuant to this Article.
(b) The Judicial Service Commission established
pursuant to Article 157 of this Constitution,
shall within two years of the commencement of
this Constitution determine whether or not the
Judges in office at the said time, possess the
qualification of Judges specified in Article 149.
(c) Where it is determined as provided in article (b)
that a Judge does not possess a qualification or

103 the qualifications specified in Article 149, such
Judge shall cease to hold office.
(d) Where it is determined as provided in article (b)
that a Judge possesses the qualifications
specified in Article 149, such Judge shall be
appointed as a Judge under this Constitution.
(e) Except as provided in article (c), Judges may
only be removed from office as specified in
Article 154 of this Constitution.
Other courts 286. All Courts in existence at commencement of this
Constitution shall continue in existence until such
time as new Courts are established in accordance with
Article 141 of this Constitution.
Jurisdiction of the
courts 287. All matters pending before the Supreme Court
established pursuant to this Chapter and the courts in
existence at commencement of this Constitution shall
henceforth be deemed to be pending before the courts
established under this Constitution.
Prosecutor General 288. (a) The Prosecutor General shall be appointed in
the manner specified in this Chapter within
thirty days of the commencement of this
Constitution.
(b) Until such time as the Prosecutor General is
appointed and assumes office, the
responsibilities of the Prosecutor General shall
be carried out the by the Attorney General.
However the Attorney General shall only carry
out the responsibilities of the Prosecutor
General for a maximum period of thirty days.
(c) The President as Head of the State shall appoint
the Prosecutor General as provided in article
(a). The appointment shall be made by

104 submission of a nomination to the People’s
Majlis within fifteen days of the commencement
of this Constitution, and confirmation of the
appointment by a two-thirds majority of the
members of the People’s Majlis present and
voting.
Anti-Corruption
Commission 289. The Anti-Corruption Commission shall in the manner
specified in this Constitution be appointed within sixty
days of the commencement of this Constitution.
Independent
Commissions 290. The Elections Commission, the Anti-Corruption
Commission and the Prosecutor General shall in
accordance with the provisions of this Constitution, be
appointed within sixty days of the first sitting of the
first People’s Majlis elected under this Constitution.
Continuance of laws 291. All laws in force at the time this Constitution comes
into force which are not inconsistent with this
Constitution shall continue to remain in force.
No amendment to the
Constitution 292. No amendments may be made to the Constitution
until the first election of and assumption of office by
the President and the People’s Majlis under this
Constitution.
Commencement of
this Constitution 293. (a) This Constitution shall come into force, after
approval of the Special Majlis, assent by the
President and publication in the Government
Gazette.
(b) Upon the commencement of this Constitution,
the “Constitution of the Republic of the
Maldives” which came into force on 1 January
1998 shall be repealed.
(c) Despite the provisions of article (a), until such
time as the election of the President and the
People’s Majlis, the specific provisions of this

105 Chapter shall apply to the matters specified
herein.
Continuance of the
People’s Majlis 294. (a) The People’s Majlis in existence at the
commencement of this Constitution shall
continue until such time as the first elections of
the People’s Majlis under this Constitution are
held, and election of members and assumption
of office by the members.
(b) The People’s Majlis shall at the first sitting after
the ratification of this Constitution, elect a
Speaker and a Deputy Speaker from its
members by secret ballot. Until such time as a
Speaker and a Deputy Speaker is elected the
People’s Majlis shall be presided over by the
consecutively longest serving member from
among those present. Where there are a
number of members who have consecutively
served the longest then the Majlis shall be
presided over by the member most senior by
age of those having served consecutively the
longest.
(c) Whenever there is a vacancy among the
members of the People’s Majlis, and there is a
period of six months between the date of the
vacancy and the first sitting of the first elected
People’s Majlis, an election shall be held to elect
a member to the vacancy.
Responsibilities and
powers of the People’s
Majlis 295. (a) The People’s Majlis shall carry out the
following:
1. to do all things necessary to facilitate the
elections specified in this Chapter in the
manner provided herein;

106
2. to determine what laws are contrary to the
Constitution and to do all things necessary
for the repeal or amendment of such laws;
3. to enact legislation required under this
Constitution;
4. to deal with all routine legislative matters
necessary for the functioning of the
Executive and the Judiciary, and for the
proper functioning and good governance of
the Maldives.
(b) The People’s Majlis shall continue to consider
Bills submitted prior to the commencement of
this Constitution, and not yet enacted, and any
other matters if they are not contrary to the
Constitution.
Election of the
People’s Majlis 296. (a) The first election of members to the People’s
Majlis to be held under this Constitution shall
be held before 15 February 2009.
(b) The People’s Majlis elected in accordance with
article (a) shall after taking and subscribing the
oath of office and assumption of office, hold the
first meeting of the first People’s Majlis elected
under this Constitution, before 1 March 2009.
Continuance of other
posts and institutions 297. (a) Within two years of the commencement of this
Constitution, excepting matters specifically
provided herein, elections or appointments to
posts shall be finalised in accordance with the
provisions of this Constitution, and institutions
specified in the Constitution shall also be
created or established.
(b) Until such time as elections or appointments to
posts specified in this Constitution in the

107 manner provided in this Chapter or this
Constitution are finalised, persons elected or
appointed at the commencement of this
Constitution shall continue in office.
(c) Until such time as creation of institutions
specified in this Constitution in the manner
provided in this Chapter or this Constitution,
institutions created or established at the
commencement of this Constitution shall
continue.
Decentralised
administration 298. In order to provide for decentralised administration of
the administrative divisions of the Maldives, elections
to island councils, atoll councils and city councils as
provided for in this Constitution shall be held before 1
July 2009.
Obedience to the
Constitution 299. (a) The Executive, the People’s Majlis, the
Judiciary, the Independent Commissions and
persons in Independent Offices, all State
institutions, all persons in any State post and all
citizens shall comply with the provisions of the
Constitution upon its commencement. The non-
existence of a law shall not be an excuse for the
infringement of any fundamental right or
freedom under the Constitution.
(b) Despite the provisions of article (a):-
1. the People’s Majlis shall identify laws
inconsistent with the Constitution at its
commencement and approve a course of
action until such inconsistent laws or
parts thereof can be amended or
repealed. The Executive shall within
thirty days of the commencement of this
Constitution draw up a list of such laws
or part thereof and submit it to the

108 People’s Majlis. Within ninety days of the
commencement of this Constitution, the
People’s Majlis shall draw up and
approve a schedule for amending or
revoking such laws.
2. the People’s Majlis shall until the
enactment and commencement of laws
required to give effect to this
Constitution, approve a course of action
in relation to these matters. The
Executive shall within thirty days of the
commencement of this Constitution
draw up a list of such laws and submit it
to the People’s Majlis. Within ninety
days of the commencement of this
Constitution, the People’s Majlis shall
draw up and approve a schedule for
enactment and commencement of such
laws.
Continuation in office
of the President and
the Cabinet of
Ministers 300. (a) Until such time as the first Presidential
elections under this Constitution are held and a
person elected to and assumes the post of
President, the person holding the post of
President at the commencement of this
Constitution shall continue in office.
(b) Until such time as the first Presidential
elections under this Constitution are held and a
person elected to and assumes the post of
President, the Cabinet of Ministers appointed
by the person holding the post of President at
the commencement of this Constitution shall
continue in office. The President has the
discretion to make changes to the Cabinet of
Ministers.
(c) The Cabinet of Ministers appointed after the
first Presidential elections held pursuant to this

109
Constitution shall not contain any members of
the People’s Majlis.
Presidential election 301. (a) The first presidential elections to be held under
this Constitution shall be held before 10
October 2008.
(b) The President elected in accordance with article
(a) shall take and subscribe the oath of and
assume office on 11 November 2008.

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SCHEDULE 1
OATHS OF OFFICE

1. OATH OF OFFICE OF PRESIDENT

I, …(name of person)…, do swear in the name of Almighty Allah that I will
respect the religion of Islam, that I will uphold 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 Republic of Maldives, and will
discharge the duties and responsibilities of the office of President honestly
and faithfully in accordance with the Constitution and laws of the Republic of
Maldives.

2. OATH OF OFFICE OF VICE PRESIDENT

I, …(name of person)…, do swear in the name of Almighty Allah that I will
respect the religion of Islam, that I will uphold 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 Republic of Maldives, and will
discharge the duties and responsibilities of the office of Vice President
honestly and faithfully in accordance with the Constitution and laws of the
Republic of Maldives.

3. OATH OF OFFICE OF MEMBERS OF THE CABINET

I, …(name of person)…, do swear in the name of Almighty Allah that I will
respect the religion of Islam, that I will uphold 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 Republic of Maldives, and will
discharge the duties and responsibilities entrusted to me by the President
and my duties and responsibilities as Cabinet Minister/ Attorney General
honestly and faithfully in accordance with the Constitution and laws of the
Republic of Maldives.

111

4. OATH OF OFFICE OF MEMBERS OF THE PEOPLE’S MAJLIS

I, …(name of person)…, do swear in the name of Almighty Allah that I will
respect the religion of Islam, that I will uphold 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 Republic of Maldives, and will
discharge my duties and responsibilities as a member of the People’s Majlis
honestly and faithfully in accordance with the Constitution and the laws of
the Republic of Maldives.

5. OATH OF OFFICE OF CHIEF JUSTICE AND JUDGES

I, …(name of person)…, do swear in the name of Almighty Allah that I will
respect the religion of Islam, that I will uphold the Constitution and the laws
of the Republic of Maldives, that I will uphold the fundamental rights of the
Maldivian citizens and will discharge the duties and responsibilities of Chief
Justice/ Judge honestly and faithfully in accordance with the Constitution
and laws of the Republic of Maldives.

6. OATH OF OFFICE OF MEMBERS OF INDEPENDENT COMMISSIONS AND
INDEPENDENT OFFICES

I, …(name of person)…, do swear in the name of Almighty Allah that I will
respect 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, that I will uphold the fundamental rights of the Maldivian citizens
and will discharge the duties and responsibilities of Auditor General/
Prosecutor General/ membership of the Elections Commission/ membership
of the Judicial Service Commission/ membership of the Human Rights
Commission/ membership of the Civil Service Commission/ membership of
the Anti-Corruption Commission honestly and faithfully in accordance with
the Constitution and laws of the Republic of Maldives.

112
SCHEDULE 2
ADMINISTRATIVE DIVISIONS

Male’ (including Villingilli and Hulhumale’)
HA Thiladhunmathi Uthuruburi
HDh Thiladhunmathi Dhekunuburi
Sh Miladhunmadhulu Uthuruburi
N Miladhunmadhulu Dhekunuburi
R Maalhosmadhulu Uthuruburi
B Maalhosmadhulu Dhekunuburi
Lh Faadhippolhu
K Male’ Atoll
AA Ari Atoll Uthuruburi
ADh Ari Atoll Dhekunuburi
V Felidhe Atoll
M Mulakatoll
F Nilandhe Atholhu Uthuruburi
Dh Nilandhe Atholhu Dhekunuburi
Th Kolhumadulu
L Haddhunmathi
GA Huvadhu Atholhu Uthuruburi
GDh Huvadhu Atholhu Dhekunuburi
Gn Fuvammulah
S Addu Atoll

113
SCHEDULE 3
NATIONAL FLAG

National flag

Composition of
national flag As provided in Article 12 of this Constitution, the
national flag of the Republic of Maldives comprises of a
green rectangle with a white crescent in the centre, the
green rectangle being surrounded by a red border.
Dimensions The width of the national flag is two-thirds of its length.
The width of the red border is one-fourth of the width of
the flag. The radii of both curvatures crescent are one-
third of the width of the green rectangle. They are drawn
from two points on a centre line across the length of the
green rectangle, the first point being nine-sixteenth and
the second at five-eighths of the length, measured from

114

the side nearer to the staff, joining together to form a
crescent. When the flag is hoisted the curvature of the
crescent should face out.

Colours Green- British Admiralty Colour Code No. T 1143 for
nylon worsted bunting and No. T 817 A for other
bunting.
Red- British Admiralty Colour Code No. T 1144 for
nylon worsted bunting and No. T 818 A for other
bunting.
White- British Admiralty Colour Code No. T1145 for
nylon worsted bunting and T 819 A for other bunting.

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