Maldives 2008 Constitution

CHAPTER III. THE PEOPLE’S MAJLIS

70. Legislative authority

1. The legislative authority of the Maldives shall be vested in the People’s Majlis.
2. 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;
   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.
3. The People’s Majlis shall not pass any law that contravenes any tenet of Islam.
4. 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.
5. 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.

71. Determination of the composition of the People’s Majlis

1. The membership of the People’s Majlis shall be determined in accordance with the following principles:
   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.
2. 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.

72. Election of members

1. 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.
2. 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.
3. 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.

73. Qualifications of members

1. 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.
2. 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.
3. A person shall be disqualified from election as, a member of the People’s Majlis, or 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 years has elapsed since his release, or pardon for the offence for which he was sentenced;
   4. is a member of the Judiciary.
4. 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.

74. Court jurisdiction

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.

75. Function of members

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.

76. Declaration of assets

Every member shall annually 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.

77. Resignation

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.

78. Filling vacancy

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.

79. Term of the People’s Majlis

1. 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.
2. 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.

80. Extension of term of the People’s Majlis

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.

81. Oath of office of members of the People’s Majlis

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 1of this Constitution.

82. Speaker and Deputy Speaker of the People’s Majlis

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. The Speaker shall not preside over the debate concerning his removal. The Deputy Speaker shall also not preside over any debate concerning his removal.
7. 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 removal.

83. Sittings of the People’s Majlis

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.

84. Presidential address

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.

85. Proceedings open to the public

1. Subject to article (b), meetings of the People’s Majlis and its committees shall be open to the public.
2. 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.
3. 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.

86. Quorum

The presence of at least twenty five percent of the members, shall constitute a quorum of the People’s Majlis.

87. Voting

1. Unless otherwise provided in this Constitution, all decisions of the People’s Majlis shall be decided by a majority of votes of the members present and voting.
2. 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.
3. 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.
4. 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.

88. Regulation of procedure

1. 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 and allowances.
2. 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.

89. Publication of proceedings of the People’s Majlis

All proceedings of the People’s Majlis shall be published in the minutes of the People’s Majlis and available to the public.

90. Privilege

1. 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.
2. 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.

91. Presidential assent or return for reconsideration

1. 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.
2. 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.
3. 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.

92. Publication of laws in the Government Gazette

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.

93. Treaties

1. 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.
2. 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.

94. Delegation of power to make regulations and orders with lawful authority

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:

1. determine a date on which any law shall come into or cease to have effect;
2. make any law or part thereof applicable to any area or to any class of persons.

95. Reference to Supreme Court

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.

96. Annual budget

1. 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.
2. The People’s Majlis may approve or amend the budget submitted by the Minister of Finance as in its discretion it deems fit.
3. 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.

97. Taxation and expenditures

The Executive shall not:

1. spend any public money or property;
2. levy any taxation;
3. obtain or receive any money or property by loan or otherwise;
4. provide any sovereign guarantees;

except pursuant to a law enacted by the People’s Majlis.

98. Questioning of Ministers and members of the Government

1. 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.
2. 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.
3. 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.
4. 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.

99. Summoning persons

The People’s Majlis or any of its committees has the power to:

1. 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;
2. require any person or institution to report to it;
3. receive petitions, representations, or submissions from interested persons or institutions.

100. Removal of President or Vice President

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.

101. Vote of no confidence in a member of the Cabinet

1. 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.
2. 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.
3. 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.
4. 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.

102. Salary and allowances

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.

103. Improper benefit

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.

104. Secretary General

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.

105. Security

1. 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.
2. The security services of the State shall ensure the protection and safety of all members of the People’s Majlis.