Maldives 2008 Constitution - Page 7 of 17

Table of Contents

CHAPTER VII. INDEPENDENT COMMISSIONS AND OFFICES

Part 1. JUDICIAL SERVICE COMMISSION

157. Judicial Service Commission

There shall be a Judicial Service Commission of the Maldives.
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.
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.

158. Composition of the Judicial Service Commission

The Judicial Service Commission shall consist of:

the Speaker of the People’s Majlis;
a Judge of the Supreme Court other than the Chief Justice, elected by the Judges of the Supreme Court;
a Judge of the High Court, elected by the Judges of the High Court;
a Judge of the Trial Courts, elected by the Judges of the Trial Court;
a member of the People’s Majlis appointed by it;
a member of the general public appointed by the People’s Majlis;
the Chair of the Civil Service Commission;
a person appointed by the President;
the Attorney General;
a lawyer elected from among the lawyers licensed to practise in the Maldives by themselves.

159. Responsibilities and powers

The Judicial Service Commission is entrusted with the responsibility and power:

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;
to investigate complaints about the Judiciary, and to take disciplinary action against them, including recommendations for dismissal;
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;
to advise the President and the People’s Majlis on any other matter relating to the Judiciary or the administration of justice;
to exercise such additional powers and functions prescribed by this Constitution or by law.

160. Constituting the Judicial Service Commission

The President as Head of the State shall constitute the Judicial Service Judicial Service Commission as specified in this Chapter.

161. Term of office of members of the Judicial Service Commission

A member of the Judicial Service Commission:

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;
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.

162. Resignation from membership of the Judicial Service Commission

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.

163. Quorum and voting

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.

164. Salary and allowances

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.

165. Removal from office

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 appoint or. 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.

166. Oath of office

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.

Part 2. ELECTIONS COMMISSION

167. Elections Commission

There shall be an Elections Commission of the Maldives.
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.
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.

168. Appointment and composition of the Elections Commission

The Elections Commission shall comprise of at least five members including the Chairman of the Commission.
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.

169. Qualifications

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.

170. Responsibilities and powers

The Elections Commission’s responsibilities and powers include the following:

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;
to prepare, maintain, and update electoral rolls, and to make all arrangements for holding elections and public referendums;
to hold and declare the results of those elections and public referendums within periods prescribed by law;
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;
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;
to register political parties, and to perform those actions relating to political parties as specified by law;
to educate and create awareness among the general public on the electoral process and its purpose;
to perform such additional functions as may be prescribed by law.

171. Voting and recording of results

Voting in all public elections or public referendums conducted by the Elections Commission, shall be by secret ballot.
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.

172. Elections petitions

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.
The manner for dealing with any challenge submitted pursuant to article (a) shall be provided for in a statute on elections.

173. Term of office of members of the Elections Commission

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.

174. Resignation from membership of the Elections Commission

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.

175. Quorum and voting

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.

176. Salary and allowances

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

177. Removal from office

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):

on the ground of misconduct, incapacity or incompetence; and
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.

178. Oath of office

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.

Part 3. CIVIL SERVICE COMMISSION

179. Civil Service Commission

There shall be a Civil Service Commission of the Maldives.
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.
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.

180. Appointment and composition of the Civil Service Commission

The Civil Service Commission shall comprise of at least five members including the Chairman of the Commission.
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.

181. Qualifications

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 shall not engage in any other employment.

182. Responsibilities and powers

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 bylaw.
In carrying out its powers and functions, the Civil Service Commission shall be governed by democratic values and principles, including the 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;
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.

183. Term of office of members of the Civil Service Commission

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.

184. Resignation from membership of the Civil Service Commission

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.

185. Quorum and voting

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.

186. Salary and allowances

The members of the Civil Service Commission shall be paid such salary and allowances as may be determined by the People’s Majlis.

187. Removal from office

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):

on the ground of misconduct, incapacity or incompetence; and
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.

188. Oath of office

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.

Part 4. HUMAN RIGHTS COMMISSION

189. Human Rights Commission

There shall be a Human Rights Commission of the Maldives.
The Human Rights Commission is an independent and impartial institution. It shall promote respect for human rights impartially without favour and prejudice.
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.

190. Appointment and composition of the Human Rights Commission

The Human Rights Commission shall comprise of at least five members including the Chairman of the Commission.
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.

191. Qualifications

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.

192. Responsibilities and powers

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.
The Human Rights Commission shall have the following functions and powers, as regulated bylaw:
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;
3. to carry out research, and to educate the public;
4. to exercise such additional powers and functions prescribed by law.

193. Term of office of members of the Human Rights Commission

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.

194. Resignation from membership of the Human Rights Commission

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.

195. Quorum and voting

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.

196. Salary and allowances

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

197. Removal from office

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):

on the ground of misconduct, incapacity or incompetence; and
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.

198. Oath of office

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.

Part 5. ANTI-CORRUPTION COMMISSION

199. Anti-Corruption Commission

There shall be an Anti-Corruption Commission of the Maldives.
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.
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.
The statute governing the Anti-Corruption Commission shall provide a definition of corruption.

200. Appointment and composition of the Anti-Corruption Commission

The Anti-Corruption Commission shall comprise of at least five members including the Chairman of the Commission.
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.

201. Qualifications

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.

202. Responsibilities and powers

The Anti-Corruption Commission’s responsibilities and powers include the following:

to inquire into and investigate all allegations of corruption; any complaints, information, or suspicion of corruption must be investigated;
to recommend further inquiries and investigations by other investigatory bodies, and to recommend prosecution of alleged offences to the Prosecutor General, where warranted;
to carry out research on the prevention of corruption and to submit recommendations for improvement to relevant authorities regarding actions to be taken;
to promote the values of honesty and integrity in the operations of the State, and to promote public awareness of the dangers of corruption;
to perform any additional duties or functions specifically provided by law for the prevention of corruption.

203. Term of office of members of the Anti-Corruption Commission

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.

204. Resignation from the Anti-Corruption Commission

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.

205. Quorum and voting

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.

206. Salary and allowances

The members of the Anti-Corruption Commission shall be paid such salary and allowances as determined by the People’s Majlis.

207. Removal from office

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):

on the ground of misconduct, incapacity or incompetence; and
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.

208. Oath of office

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 Schedule1of this Constitution before assuming office.

Part 6. AUDITOR GENERAL

209. Auditor General

There shall be an independent and impartial Auditor General of the Maldives.
The Auditor General shall carry out his responsibilities and duties in accordance with the Constitution and any laws passed by the People’s Majlis.

210. Appointment of Auditor General

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.

211. Qualifications of Auditor General

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.
A statute shall specify the responsibilities, powers, mandate, qualifications, and ethical standards of the Auditor General.

212. Responsibilities and powers

The Auditor General’s responsibilities and powers include the following: –

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;
in addition to the institutions specified in article(a) any other institution or organisation required by law to be audited by the Auditor General.
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.

213. Reporting

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.

214. Audit of the Auditor General’s office

The office of the Auditor General shall be audited as specified in law.

215. Term of office of the Auditor General

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.

216. Resignation of Auditor General

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.

217. Salary and allowances

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

218. Removal from office

The Auditor General shall be removed from office only for the reasons specified in article (a) and in the manner specified in article (b):

on the ground of misconduct, incapacity or incompetence; and
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.

219. Oath of office

The Auditor General shall take and subscribe the oath of office of the Auditor General set out in Schedule 1 of this Constitution before assuming office.

Part 7. PROSECUTOR GENERAL

220. Prosecutor General

There shall be an independent and impartial Prosecutor General of the Maldives.
The Prosecutor General shall carry out his responsibilities and duties in accordance with the Constitution and any laws passed by the People’s Majlis.
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.

221. Appointment of Prosecutor General

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.

222. Qualifications of Prosecutor General

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.

223. Responsibilities and powers of the Prosecutor General

The Prosecutor General’s responsibilities and powers include the following: –

to supervise the prosecution of all criminal offences in the Maldives;
to consider and assess evidence presented by investigating bodies to determine whether charges should be pursued;
to institute and conduct criminal proceedings against any person before any court in respect of any alleged offence;
to oversee the legality of preliminary inquiries and investigations into alleged criminal activity;
to monitor and review the circumstances and conditions under which any person is arrested, detained or otherwise deprived of freedom prior to trial;
to order any investigation that he deems desirable into complaints of criminal activity or into any other criminal activity of which he becomes aware;
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;
to review or revert any decision to prosecute or not to prosecute any alleged offender, or to discontinue any prosecution;
to appeal any judgment, verdict or decision in a criminal matter;
to issue policy directives which shall be observed in the entire prosecutorial process;
to uphold the constitutional order, the law, and the rights and freedoms of all citizens.

224. Acting through agents

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.

225. Term of office of the Prosecutor General

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.

226. Resignation of Prosecutor General

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.

227. Salary and allowances

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

228. Removal from office

The Prosecutor General shall be removed from office only for the reasons specified in article (a) and in the manner specified in article (b):

on the ground of misconduct, incapacity or incompetence; and
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.

229. Oath of office

The Prosecutor General shall take and subscribe the oath of office of the Prosecutor General set out in Schedule 1of this Constitution before assuming office.