Maldives 2008 Constitution

CHAPTER XII. AMENDMENT OF THE CONSTITUTION

261. Amendment of the Constitution

The Constitution may be amended by a Bill passed by a three quarters majority of the total membership of the People’s Majlis.

262. Assent of President

1. The Bill amending the Constitution passed by the People’s Majlis shall come into force upon obtaining the written assent of the President.
2. 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);
   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.

263. Publication in Government Gazette

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.

264. Non-assent by President and national referendum

1. 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.
2. 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
3. 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.

265. Defeat of Bill

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.

266. Provisions included in Bill

The Bill amending the Constitution may not include provisions other than constitutional amendments and matters connected with the amendment.

267. No amendment during emergency

No amendment shall be made to any provision of the Constitution during the existence of a state of emergency.