Maldives 2008 Constitution

CHAPTER V. THE CABINET OF MINISTERS

129. Cabinet of Ministers

1. 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.
2. The Cabinet shall consist of the Vice President, the Ministers given responsibility for the different Ministries, and the Attorney General.
3. Except for the Vice President, the President must receive the approval of the People’s Majlis for all appointments to the Cabinet.
4. 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.

130. Qualifications of Ministers

1. 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.
2. 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.

131. Oath of office

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 1of this Constitution.

132. Responsibilities of the Cabinet

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:

1. 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;
2. to advise and recommend draft bills and proposals to the President, to be prepared for submission to the People’s Majlis;
3. to direct, review and coordinate the work of the Government;
4. to ensure good relations and smooth functioning between the Government and other organs of the State in their areas of responsibility;
5. to prudently and carefully manage the assets of the State within their areas of responsibility;
6. 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;
7. to promote, protect and uphold the rule of law, and defend public safety and the public interest;
8. to perform all other duties specifically authorized by the Constitution and by law.

133. Attorney General

1. 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.
2. 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.
3. 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 responsibility of the Prosecutor General in this Constitution.
4. 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.
5. 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.
6. 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.
7. The Attorney General shall have power to issue general directives to the Prosecutor General on the conduct of criminal proceedings.

134. Accountability and responsibility of the Cabinet

1. 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.
2. 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.

135. Salary and allowances

The members of the Cabinet shall be paid such salary and allowances as determined by the People’s Majlis.

136. Restrictions

1. 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.
2. 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.

137. Dismissal

1. The President may at his discretion remove any member of the Cabinet from office by writing under his hand addressed to such member.
2. Despite the provisions of article (a), the President does not have the discretion to remove the Vice President from office.

138. Declaration of assets

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.

139. Resignation

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.

140. A minister to be responsible for each government authority

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 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.