Maldives 2008 Constitution - Page 4 of 17

Table of Contents

CHAPTER IV. THE PRESIDENT

106. Executive power

The executive power is vested in the President as provided for in the Constitution and the law.
The President shall be the Head of State, the Head of Government, and the Commander in Chief of the Armed Forces.
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.
The President shall exercise Executive authority as provided for in the Constitution and law.

107. Term of office

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.
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.

108. Manner of Presidential election

The President shall be elected directly by the people by universal and secret suffrage.

109. Qualifications for election as President

A person elected as President shall have the following qualifications:

be a Maldivian citizen born to parents who are Maldivian citizens, and who is not also a citizen of a foreign country;
be a Muslim and a follower of a Sunni school of Islam;
be at least thirty-five years of age;
be of sound mind;
not have an undischarged decreed debt;
not have been convicted of a criminal offence and sentenced to a term of more than twelvemonths, unless a period of three years has elapsed since his release, or pardon for the offence for which he was sentenced; and
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.

110. Election

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.

111. Presidential election

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 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.
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.
The People’s Majlis shall enact a statute governing the conduct of presidential elections.

112. Vice President

There shall be a Vice President of the Maldives who shall assist the President in the discharge of his duties and responsibilities.
Every candidate for President shall publicly declare the name of the Vice President who will serve with him.
The qualifications of office for the Vice President shall be the same as those for the President.
If the office of the President becomes vacant for any reason, the Vice President shall succeed to the office of the President.

113. Jurisdiction of the Supreme Court

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.

114. Oath of office of the President and Vice President

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 1of this Constitution.

115. Powers and responsibilities of the President

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:

to faithfully implement the provisions of this Constitution and the law, and to promote compliance by organs of the State and by the people;
to supervise the efficient and harmonious functioning of all departments of Government;
to promote the rule of law, and to protect the rights and freedoms of all people;
to guarantee the independence and territorial integrity of the Maldives, and to promote respect for national sovereignty in the international community;
to formulate fundamental policies of the State, and to submit policies and recommendations to the appropriate agencies and institutions of Government;
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;
to preside over the Cabinet of Ministers;
to issue declarations of war and peace, and to immediately submit such declarations to the People’s Majlis for approval;
to declare states of emergency, in accordance with the provisions of the Constitution;
to determine, conduct and oversee the foreign policy of the country, and to conduct political relations with foreign nations and international organizations;
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;
to appoint members of diplomatic missions to foreign countries and international organizations in consultation with the People’s Majlis;
to recall and remove from office members of diplomatic missions to foreign countries and international organizations;
to receive and recognize the credentials of diplomatic and consular representatives of foreign countries and other parties and to accept their letters of recall;
to appoint temporary commissions to advise the President on national issues and conduct investigations;
to hold public referendums on issues of national importance;
to declare national and government holidays;
to issue awards, medals and honorary titles, as provided by law;
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;
to ensure that the security services comply with their obligations as provided in this Constitution;
to perform all other duties specifically authorized by this Constitution and by law.

116. Government Ministries

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.
The People’s Majlis may give to the President such opinions and views it has on the ministries and their areas of jurisdiction established in accordance with article (a).

117. Responsibilities of the Vice President

The Vice President shall exercise such responsibilities and powers of the President as are delegated to him by the President.
The Vice President shall perform the responsibilities of the President if the President is absent or temporarily unable to perform the responsibilities of office.

118. Salary and allowances

The President and Vice President shall be paid such salary and allowances as determined by the People’s Majlis.

119. Restrictions

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.
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.

120. Declaration of assets

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.

121. Resignation

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 Speaker.
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.

122. Vacancy of office of Vice President

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.

123. Temporary inability of the President to perform his responsibilities

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.
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.

a. Temporary incapacity to carry out duties

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.

b. Permanent incapacity to carry out duties

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.

c. Qualifications of person temporarily assuming office of President

The qualifications of office for any person temporarily assuming the office of the President shall be the same as those for the President.

125. Presidential elections on the vacancy of the office of President and Vice President

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.
In the event of the occurrence of any permanent incapacity preventing the assumption of the office of President by the President elect and 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.
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.

126. Oath of office by persons temporarily discharging the duties of the office of President and Vice President

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.

127. Criminal accountability

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.

128. Immunity to a person who has served as the President

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.