Maldives 2008 Subsequently amended

1. Constitution

2. Republic of the Maldives

3. Territory of the Maldives

4. Powers of the citizens

5. Legislative power

6. Executive power

7. Judicial power

8. Supremacy of Constitution

9. Citizens

1. Requirements for birthright citizenship
   The following persons are citizens of the Maldives:
   1. citizens of the Maldives at the commencement of this Constitution;
   2. children born to a citizen of the Maldives; and
   3. foreigners who, in accordance with the law, become citizens of the Maldives.
2. Conditions for revoking citizenship
   No citizen of the Maldives may be deprived of citizenship.
3. Right to renounce citizenship
   Any person who wishes to relinquish his citizenship may do so in accordance with law.
4. Restrictions on rights of groups, Requirements for naturalization
   Despite the provisions of article (a) a non-Muslim may not become a citizen of the Maldives.

10. State Religion

1. Official religion
   The religion of the State of the Maldives is Islam. Islam shall be the one of the basis of all the laws of the Maldives
2. No law contrary to any tenet of Islam shall be enacted in the Maldives

11. National Language

12. National Flag

1. The national flag of the Maldives consists of a white crescent in the centre of a green rectangle surrounded by a red border.
2. The dimensions and colour code of the national flag and the placing of the crescent on the national flag shall be as specified in Schedule 3 of this Constitution.

13. Currency of the Maldives

14. Capital

15. National Day

16. Guarantee of Rights

1. This Constitution guarantees to all persons, in a manner that is not contrary to any tenet of Islam, the rights and freedoms contained within this Chapter, subject only to such reasonable limits prescribed by a law enacted by the People's Majlis in a manner that is not contrary to this Constitution. Any such law enacted by the People's Majlis can limit the rights and freedoms to any extent only if demonstrably justified in a free and democratic society.
2. The limitation of a right or freedom specified in this Chapter by a law enacted by the People's Majlis as provided for in this Constitution, and in order to protect and maintain the tenets of Islam, shall not be contrary to article (a).
3. In deciding whether a right or freedom in this Chapter, has been limited in accordance with article (a) and (b), a court must be fully cognisant of and make reference to all the facts, including:
   1. the nature and character of the right or freedom;
   2. the purpose and importance of limiting the right or freedom;
   3. the extent and manner of limiting the right or freedom;
   4. the relationship between the limitation of the right or freedom and the importance of the right or freedom;
   5. the extent to which the objective for which the right or freedom has been limited could have been achieved by limiting the right or freedom to a lesser degree;
   6. the extent to which the right or freedom must be limited in order to protect the tenets of Islam, where the right or freedom has been limited pursuant to article (b).
4. The onus of establishing that the limitation to any extent, of a right or freedom included in this Chapter is within the reasonable limitations prescribed in this Constitution is on the State or the person asserting the limitation of the right or freedom.

17. Non-discrimination

1. Equality regardless of age, Equality for persons with disabilities, Equality regardless of creed or belief, Equality regardless of political party, Equality regardless of race, Equality regardless of parentage, Equality regardless of social status, Equality regardless of gender, Equality regardless of skin color, Equality regardless of origin, Equality regardless of financial status
   Everyone is entitled to the rights and freedoms included in this Chapter without discrimination of any kind, including race, national origin, colour, sex, age, mental or physical disability, political or other opinion, property, birth or other status, or native island.
2. Special assistance or protection to disadvantaged individuals or groups, or to groups requiring special social assistance, as provided in law shall not be deemed to be discrimination, as provided for in article (a).

18. Duty of the State

19. Freedom from restraint

20. Equality

21. Right to life

22. Protection of the environment

23. Economic and social rights

24. Privacy

25. No slavery or forced labour

1. Prohibition of slavery
   No one shall be held in slavery or servitude, or be required to perform forced labour.
2. Duty to serve in the military
   Compulsory military service, service required in cases of emergency or calamity threatening the life or well-being of the community, or service required pursuant to a court order shall not be deemed to be contrary to article (a).

26. Right to vote and run for public office

27. Freedom of expression

28. Freedom of the media

29. Freedom of acquiring and imparting knowledge

30. Freedom to form political parties, associations and societies

1. Right to form political parties
   Every citizen has the right to establish and to participate in the activities of political parties.
2. Freedom of association
   Everyone has the freedom to form associations and societies, including the following:
   1. the right to establish and participate in any association or society for economic, social, educational or cultural or purposes;
   2. Right to join trade unions
      the right to form trade unions, to participate or not participate in their activities.

31. Right to strike

32. Freedom of assembly

33. Right to protect reputation and name

34. Right to marry and establishment of the family

1. Right to found a family, Regulation of marriage
   Every person of marriageable age as determined by law has the right to marry, and to establish a family as specified in law. The family, being the natural and fundamental unit of society, is entitled to special protection by society and the State.
2. Rights of children
   Children must be afforded special protection as specified in law in the event of a marital breakdown of the parents.

35. Special protection to children, young, elderly and disadvantaged people

1. Rights of children, Limits on employment of children, State support for children
   Children and young people are entitled to special protection and special assistance from the family, the community and the State. Children and young people shall not be harmed, sexually abused, or discriminated against in any manner and shall be free from unsuited social and economic exploitation. No person shall obtain undue benefit from their labour.
2. State support for the elderly
   Elderly and disadvantaged persons are entitled to protection and special assistance from the family, the community and the State.

36. Right to education

1. Everyone has the right to education without discrimination of any kind.
2. Compulsory education, Access to higher education, Free education
   Primary and secondary education shall be freely provided by the State. It is imperative on parents and the State to provide children with primary and secondary education. Opportunity for higher education shall be generally accessible to all citizens.
3. Education shall strive to inculcate obedience to Islam, instil love for Islam, foster respect for human rights, and promote understanding, tolerance and friendship among all people.

37. Right to work

1. Right to choose occupation
   Every citizen has the right to engage in any employment or occupation.
2. Right to safe work environment, Right to just remuneration
   Everyone is entitled to just and safe conditions of work, fair wages, equal remuneration for work of equal value, and equal opportunity for promotion.
3. Right to rest and leisure
   Everyone has the right to rest and leisure, including limits on hours of work and periodic holidays with pay.
4. Right to rest and leisure
   Everyone has the right to spend time at rest and leisure. In order to provide this right to each employed person, the maximum number of working hours have to be determined as well as the length of paid holidays.

38. Right of pension

39. Right to participate in cultural life

1. Reference to art
   Everyone has the right to participate in the cultural life of the nation, and to benefit from literary and artistic endeavours.
2. Right to culture
   The State shall promote education, culture, literature and the arts, within the limits of its resources.

40. Right to acquire and hold property

1. Right to own property, Right to transfer property
   Every citizen has the right to acquire, own, inherit, transfer or otherwise transact of such property.
2. Protection from expropriation
   Private property shall be inviolable, and may only be compulsorily acquired by the State for the public good, as expressly prescribed by law, and as authorised by order of the court. Fair and adequate compensation shall be paid in all cases, as determined by the court.
3. Nothing in this Article prevents any law authorising a court to order the forfeiture(without the giving of any compensation) of illegally acquired or possessed property, or enemy property.
4. Property of a person shall not be forfeited in substitution for any offence.

41. Freedom of movement and establishment

1. Freedom of movement
   Every citizen has the freedom to enter, remain in and leave the Maldives, and to travel within the Maldives.
2. Every citizen has the right to move to, and take up residence on, any inhabited island of the Maldives.
3. Every citizen shall have equal access to the receipt of rights and benefits from any island where he has established residency.

42. Fair and transparent hearings

1. Judicial independence, Right to speedy trial, Right to fair trial
   In the determination of one's civil rights and obligations or of any criminal charge, everyone is entitled to a fair and public hearing within a reasonable time by an independent court or tribunal established by law.
2. All judicial proceedings in the Maldives shall be conducted with justice, transparency and impartiality.
3. Right to public trial
   Trials of any matter shall be held publicly, but the presiding judge may exclude the public from all or part of a trial in accordance with democratic norms:
   1. in the interests of public morals, public order or national security;
   2. Protection of victim's rights, Privileges for juveniles in criminal process
      where the interest of juveniles or the victims of a crime so require; or
   3. in other special circumstances where publicity would prejudice the interests of justice.
4. Publication of deliberations, Supreme court opinions
   All judgements or orders of a Court shall be pronounced publicly, unless the Court specifically orders otherwise for the reasons stipulated in article (c). All publicly pronounced judgements or orders shall be available to the public.

43. Fair administrative action

1. Ultra-vires administrative actions
   Everyone has the right to administrative action that is lawful, procedurally fair, and expeditious.
2. Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons.
3. Where the rights of a person, a group or community has been adversely affected by administrative action, every such person, group or every person who may be directly affected by such action has the right to submit the matter to court.

44. Personal liability

45. No unlawful arrest or detention

46. Power of arrest and detention

47. Search and seizure

1. Regulation of evidence collection
   No person shall be subject to search or seizure unless there is reasonable cause.
2. Residential property shall be inviolable, and shall not be entered without the consent of the resident, except to prevent immediate and serious harm to life or property, or under the express authorisation of an order of the Court.

48. Rights on arrest or detention

49. Release of accused

50. Prompt investigation and prosecution

51. Rights of the accused

52. Confessions and illegal evidence

53. Assistance of legal counsel

1. Right to counsel
   Everyone has the right to retain legal counsel at any instance assistance is required.
2. Right to counsel
   In serious criminal cases, the State a lawyer for an accused person and instruct where legal shall provide who cannot afford to engage one.

54. No degrading treatment or torture

55. No imprisonment for non-fulfilment of contractual obligation

56. Right to appeal

57. Humane treatment of arrested or detained persons

58. Compensation

59. Retrospective legislation

1. Protection from ex post facto laws
   No person shall be found guilty of any act or omission which did not constitute an offence under Islamic Shari'ah or law at the time committed. Nor shall a more severe penalty be imposed than the one applicable at the time the offence was committed. If the punishment for an offence has been reduced between the time of commission and the time of sentencing, the accused is entitled to the benefit of the lesser punishment.
2. International law
   This Article shall not prejudice the trial and punishment of any person for any act which was criminal according to international law.

60. Prohibition of double jeopardy

1. Prohibition of double jeopardy
   If an accused is acquitted of an offence by a court, he shall not be tried again for the same or substantially the same offence. If an accused is found guilty and punished for an offence he shall not be tried or punished again for the same or substantially the same offence.
2. The principle stated in article (a) does not apply to appeals relating to the offence.

61. Publication of acts and regulations

1. All statutes, regulations, government orders requiring compliance by citizens and government policies shall be published and made available to the public.
2. Principle of no punishment without law
   No person may be subjected to any punishment except pursuant to a statute or pursuant to a regulation made under authority of a statute, which has been made available to the public and which defines the criminal offence and the punishment for commission of the offence.
3. Right to information
   All information concerning government decisions and actions shall be made public, except information that is declared to be State secrets by a law enacted by the People's Majlis.
4. Right to information
   Every citizen has the right to obtain all information possessed by the Government about that person.

62. Retention of other rights

1. Equality regardless of gender
   The enumeration of rights and freedoms in this Chapter are guaranteed equally to female and male persons.
2. The enumeration of rights and freedoms individually in this Chapter shall not be construed to deny or negate other rights retained by the people which are not specified in this Chapter.

63. Voidance of laws inconsistent with fundamental rights

64. Non-compliance with unlawful orders

65. Application to court to obtain a remedy

66. Voidance of laws inconsistent with rights and freedoms

67. Responsibilities and duties

68. Interpretation

69. Non-destructive interpretation of Constitution

70. Legislative authority

1. Structure of legislative chamber(s)
   The legislative authority of the Maldives shall be vested in the People's Majlis.
2. First chamber reserved policy areas
   The law making powers of the People's Majlis pursuant to article (a), includes the following powers:
   1. Constitution amendment procedure
      the amendment of this Constitution, in accordance with the terms provided herein;
   2. Status of religious law
      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. Budget bills
      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. Referenda
      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. Status of religious law
   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. Size of first chamber
   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. First chamber selection
   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. Secret ballot, First chamber selection
   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. Electoral districts
   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. Eligibility for first chamber
   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. Minimum age for first chamber
      has attained the age of eighteen years; and
   5. is of sound mind.
2. Eligibility for first chamber
   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. Eligibility for first chamber
   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. Outside professions of legislators
   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

75. Function of members

76. Declaration of assets

77. Resignation

78. Filling vacancy

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. Scheduling of elections
   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

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

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

1. Leader of first chamber
   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. Leader of first chamber
   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

84. Presidential address

85. Proceedings open to the public

1. Legislative committees
   Subject to article (b), meetings of the People's Majlis and its committees shall be open to the public.
2. Public or private sessions
   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

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. Quorum for legislative sessions
   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. Leader of first chamber
   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. Leader of first chamber
   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

90. Privilege

1. Immunity of legislators
   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. Approval or veto of general legislation
   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. Veto override procedure
   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

93. Treaties

1. International organizations, Treaty ratification
   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. Legal status of treaties
   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

95. Reference to Supreme Court

96. Annual budget

1. Budget bills
   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

98. Questioning of Ministers and members of the Government

1. Establishment of cabinet/ministers, Legislative oversight of the executive
   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

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. Legislative committees
   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

103. Improper benefit

104. Secretary General

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.

106. Executive power

1. Name/structure of executive(s)
   The executive power is vested in the President as provided for in the Constitution and the law.
2. Designation of commander in chief
   The President shall be the Head of State, the Head of Government, and the Commander in Chief of the Armed Forces.
3. Duty to obey the constitution
   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.
4. The President shall exercise Executive authority as provided for in the Constitution and law.

107. Term of office

1. Head of state term limits, Head of state term length
   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.
2. Head of state replacement
   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

109. Qualifications for election as President

110. Election

111. Presidential election

1. 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.
2. 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.
3. The People's Majlis shall enact a statute governing the conduct of presidential elections.

112. Vice President

1. There shall be a Vice President of the Maldives who shall assist the President in the discharge of his duties and responsibilities.
2. Every candidate for President shall publicly declare the name of the Vice President who will serve with him.
3. The qualifications of office for the Vice President shall be the same as those for the President.
4. Head of state replacement
   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

114. Oath of office of the President and Vice President

115. Powers and responsibilities of the President

116. Government Ministries

1. Head of state powers
   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.
2. 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

1. The Vice President shall exercise such responsibilities and powers of the President as are delegated to him by the President.
2. 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

119. Restrictions

1. 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.
2. 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

121. Resignation

1. Head of state removal
   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.
2. 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

123. Temporary inability of the President to perform his responsibilities

1. 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.
2. 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.

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

1. 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.
2. 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.
3. 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

127. Criminal accountability

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

129. Cabinet of Ministers

1. Establishment of cabinet/ministers, Cabinet selection
   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. Attorney general, Deputy executive
   The Cabinet shall consist of the Vice President, the Ministers given responsibility for the different Ministries, and the Attorney General.
3. Cabinet selection
   Except for the Vice President, the President must receive the approval of the People's Majlis for all appointments to the Cabinet.
4. Cabinet selection
   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. Eligibility for cabinet
   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. Restrictions on rights of groups
      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. Eligibility for cabinet
   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

132. Responsibilities of the Cabinet

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. Legislative oversight of the executive
   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

136. Restrictions

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

138. Declaration of assets

139. Resignation

140. A minister to be responsible for each government authority

141. Judiciary

1. Structure of the courts
   The judicial power is vested in the Supreme Court, the High Court, and such Trial Courts as established by law.
2. The Supreme Court shall be the highest authority for the administration of justice in the Maldives. The Chief Justice shall be the highest authority on the Supreme Court. All matters adjudicated before the Supreme Court shall be decided upon by a majority of the judges sitting together in session.
3. No officials performing public functions, or any other persons, shall interfere with and influence the functions of the courts.
4. Judicial independence
   Persons or bodies performing public functions, through legislative and other measures, must assist and protect the courts to ensure the independence, eminence, dignity, impartiality, accessibility and effectiveness of the courts.

142. Compliance with law

143. Jurisdiction of the courts

1. Constitutionality of legislation
   The Supreme Court and the High Court shall have jurisdiction to enquire into and rule on the constitutional validity of any statute or part thereof enacted by the People's Majlis.
2. Constitutional interpretation
   In any matter before them, all courts have jurisdiction to determine matters concerning the interpretation and application of any provision of the Constitution, and this shall not be deemed contrary to article (a).
3. Every court has jurisdiction to overturn the decision of a lower court.
4. Judicial precedence
   Lower courts shall follow the decisions of a higher court.

144. Powers in constitutional matters

145. Supreme Court

1. Number of supreme court judges
   The Supreme Court shall consist of the Chief Justice and such number of Judges as provided by law. The Supreme Court shall consist of an uneven number of Judges.
2. Matters shall be disposed of in the Supreme Court by an uneven number of Judges sitting together in session.
3. Constitutional interpretation, Judicial precedence
   The Supreme Court shall be the final authority on the interpretation of the Constitution, the law, or any other matter dealt with by a court of law.

146. High Court

1. The High Court shall consist of such number of Judges as provided by law.
2. Matters shall be disposed of in the High Court by an uneven number of Judges sitting together in session.

147. Appointment of the Chief Justice

148. Appointment of Judges

1. Supreme court selection, Establishment of judicial council
   The President as the Head of State shall appoint the Judges of the Supreme Court, after consulting the Judicial Service Commission and confirmation of the appointees by a majority of the members of the People's Majlis present and voting.
2. Ordinary court selection, Establishment of judicial council
   All other Judges shall be appointed by the Judicial Service Commission, to be established in accordance with the provisions of this Constitution.
3. Ordinary court term length, Mandatory retirement age for judges, Supreme court term length
   Judges shall be appointed without term, but shall retire at the age of seventy years.
4. Supreme court term length
   Notwithstanding article (c), for a period of fifteen years from the commencement of the Constitution, Judges may be appointed for a fixed term of not more than five years, as specified in the terms of their appointment.

149. Qualifications of Judges

1. Eligibility for ordinary court judges
   A person appointed as a Judge in accordance with law, must possess the educational qualifications, experience and recognized competence necessary to discharge the duties and responsibilities of a Judge, and must be of high moral character.
2. Eligibility for ordinary court judges
   In addition to the qualifications specified in article (a), a Judge shall possess the following qualifications:-
   1. Restrictions on rights of groups
      be a Muslim and a follower of a Sunni school of Islam;
   2. Minimum age of ordinary court judges
      be twenty-five years of age;
   3. has not been convicted of an offence for which a hadd is prescribed in Islam, criminal breach of trust, or bribery;
   4. be of sound mind.
3. Eligibility for supreme court judges, Minimum age of supreme court judges
   A person appointed to be a Judge of the Supreme Court, shall be at least thirty years of age; possess at least seven years experience as a Judge or practicing lawyer or both as a Judge and a practicing lawyer, and must be educated in Islamic Shari'ah or law.
4. The People's Majlis shall pass a statute relating to Judges.

150. Oath of office of Judges

151. Full time performance

152. Salary and allowances

153. Declaration of assets

154. Tenure and removal

1. A Judge shall not be removed from office during good behavior and compliance with judicial ethics.
2. Establishment of judicial council, Supreme/ordinary court judge removal
   A Judge may be removed from office only if the Judicial Service Commission finds that the person is grossly incompetent, or that the Judge is guilty of gross misconduct, and submits to the People's Majlis a resolution supporting the removal of the Judge, which is passed by a two-thirds majority of the members of the People's Majlis present and voting.

155. Power to determine the jurisdiction of courts and to enact administrative laws relating to the courts

156. Administration of the courts

Part 1. JUDICIAL SERVICE COMMISSION

Part 2. ELECTIONS COMMISSION

Part 3. CIVIL SERVICE COMMISSION

Part 4. HUMAN RIGHTS COMMISSION

Part 5. ANTI-CORRUPTION COMMISSION

Part 6. AUDITOR GENERAL

Part 7. PROSECUTOR GENERAL

230. Decentralised administration

1. The administrative divisions of the Maldives shall be administered decentrally.
2. Head of state powers, Municipal government
   In order to provide for decentralised administration, the President has the power, as provided in law, to create constituencies, posts, island councils, atoll councils and city councils.
3. The jurisdiction and characteristics of constituencies, posts and councils created to provide for decentralised administration shall be specified in law.

231. Election of Councils

1. Secret ballot
   All members of councils created for decentralised administration shall be democratically elected by their respective communities by secret ballot.
2. The President and the Vice President of the councils elected to administer the administrative divisions shall be elected from among the members of each council by secret ballot of the members.
3. The term of councils elected to administer the constituencies shall not exceed three years.
4. The People's Majlis shall enact a statute governing the election of members of councils created for decentralised administration.
5. The elections of councils created for decentralised administration shall be conducted by the Elections Commission.

232. Responsibilities

233. Authority to enact subordinate legislation

234. Finance

235. Ownership of property and liability for debts

236. Security services

237. Responsibilities and duties

238. Constitutional limitations

239. Authority of the People’s Majlis over the security services

1. The People's Majlis shall enact a statute on the organization of and the principles pursuant to which each security service shall operate.
2. The security services shall be subject to the authority of the People's Majlis.

240. Separate services

241. Multiparty committee of the People’s Majlis

242. Ministerial Responsibility

243. Military Service

1. The primary object of the Military Service is to defend and protect the Republic, its territorial integrity, its Exclusive Economic Zone and the people.
2. If the President, as Commander in Chief, authorizes or orders the employment of the Military Service in defence of the Republic or as part of an international undertaking, the President shall without delay submit the authorization to the People's Majlis. the People's Majlis may at any time approve the authorization, or revoke the authorization.

244. Police Service

245. Illegal orders and non-compliance

246. Equal treatment

1. Members of the security services shall treat all persons and groups equally without any discrimination, and with humanity and dignity in accordance with the decorous principles of Islam.
2. Restrictions on the armed forces
   Members of the security services shall not engage in partisan political activity of any nature, and shall not affiliate themselves with any trade union or political party.

247. Property and assets owned and acquired by the State

1. All property, assets and monies which at the commencement of this Constitution were vested in the State shall continue to vest in the State.
2. All property, assets and monies acquired for, or received by the State shall vest in the State.

248. Land, sea and naturally occurring valuable resources

1. The land, sea, and seabed, including all fish within the territory of the Maldives, and all naturally occurring resources, including metallic ores, petroleum and gas, shall vest in the State.
2. All living, non-living and naturally occurring resources of value within the Exclusive Economic Zone and the seabed of the Maldives shall vest in the State.

249. Ownerless property

1. Any property found within the territory of the Maldives and any property occurring in the seabed or found drifting in the sea, save those naturally occurring or formed in the sea, without a rightful owner, shall vest in the State.
2. All property such as gold, silver, other precious metals, jewelry, money and items of historical interest, excavated within the territory of the Maldives without a rightful owner, shall vest in the State.

250. Transactions relating to State property

1. Any transfer, sale, lease, release, mortgage (to any person) or destruction of, any property or assets owned by the State, and any such other agreement, shall only be entered into in accordance with law.
2. Supermajority required for legislation
   Money, property or any other thing kept as a reserve in the State Treasury shall be used only after approval by a resolution passed by a two-thirds majority of the total membership of the People's Majlis.

251. Prohibition of foreign ownership and foreign military purposes

1. Secession of territory
   No foreign party, shall own or be given ownership of any part of the territory of the Maldives.
2. A foreign party shall not receive a lease of, or be given in any other way, any part of the territory of the Maldives for a period exceeding ninety nine years.
3. No part of the territory of the Maldives shall be used for foreign military purposes without the approval of the majority of the total membership of the People's Majlis.

252. Legal actions in the name of the State

253. Declaration of a state of emergency

254. Content of the declaration

255. Limitations of the declaration

1. Measures adopted in an emergency shall not contravene this Article.
2. Measures adopted in an emergency shall not restrict the following rights and freedoms contained in the following Articles of this Constitution:
   1. Article 21 (right to life);
   2. Article 25 (no slavery or forced labour);
   3. Article 27 (freedom of expression);
   4. Article 28 (freedom of the media);
   5. Article 42 (fair and transparent hearings);
   6. Article 48 (b) (rights on arrest or detention);
   7. Article 51 (rights of the accused);
   8. Article 52 (confessions and illegal evidence);
   9. Article 53 (assistance of legal counsel);
   10. Article 54 (no degrading treatment or torture);
   11. Article 55 (no imprisonment for non-fulfillment of contractual obligation);
   12. Article 57 (humane treatment of arrested or detained persons);
   13. Article 59 (retrospective legislation);
   14. Article 60 (prohibition of double jeopardy);
   15. Article 62 (retention of other rights);
   16. Article 64 (non-compliance with unlawful orders).
3. Any infringement of rights and freedoms under this Constitution and the law shall be only to the extent strictly required by the emergency.
4. Measures adopted in an emergency shall be consistent with the obligations of the Maldives under international law applicable to states of emergency.

256. Publication

257. Submission of declaration to the Peoples Majlis

1. The declaration of a state of emergency shall be submitted to the People's Majlis within forty eight hours. If the People's Majlis is not in session at the time of the declaration, it shall be re-called within fourteen days, inclusive of holidays, and the declaration of a state of emergency submitted to the People's Majlis for approval.
2. The People's Majlis may at any time:
   1. approve the declaration in whole or in part;
   2. extend the operation of the declaration for periods not exceeding thirty days at a time; or
   3. revoke the declaration.
3. Where the President deems it necessary to extend the length of the state of emergency, he shall submit the extension to the People's Majlis prior to the expiry of the state of emergency, and obtain the approval of the People's Majlis for such extension.

258. Determination of disputes relating to the declaration

259. Expiry or revocation of declaration

260. Public announcement of expiry of state of emergency

261. Amendment of the Constitution

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. Referenda
   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

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. Referenda
   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

266. Provisions included in Bill

267. No amendment during emergency

268. Supremacy of the Constitution

269. Continuance of laws in force

270. Continued effect of repealed laws

271. Regulations enacted under authority of Statute

272. Ascertainment of time

273. Headings

274. Definitions

1. In this Constitution, unless the context otherwise requires, the following words and phrases shall have the following meanings:
   • "present and voting" means, of those members participating in the meeting at which the voting occurs, being present at the time of voting and voting either in favour of, or against, the motion being voted upon. In determining the majority of those members present and voting, members who did not vote either for or against the motion shall not be counted;

     "a citizen" means, any person specified as a citizen of the Maldives in Article 9 of this Constitution;

     "court" means, each and every place established by the Constitution, or by a law enacted by the People's Majlis, for the purpose of conducting a trial by a judge or bench of judges;

     "jurisdiction" means, the area and matters over which an authority has power to exercise influence;

     "election" means, those elections in which, pursuant to the law to govern administrative districts under the principles of decentralized governance, citizens vote to select members of various councils, as well as general elections held to select persons as members of the People's Majlis and presidential elections held to select a person to fill the post of President of the Republic. By-elections held to elect a person to any of the seats falling vacant comes within the meaning of elections;

     "tenet of Islam" means, the Holy Qur'an and those principles of Shari'ah whose provenance is not in dispute from among those found in the Sunna of the Noble Prophet, and those principles derived from these two foundations;

     "Islamic Shari'ah" means, the Holy Qur'an and the ways preferred by the learned people within the community and followers of the Sunnah in relation to criminal, civil, personal and other matters found in the Sunna;

     "person" or "persons" shall include natural and legal personalities;

     "have a financial interest" means, doing anything in a manner that could increase his property or wealth, or safeguard his property or wealth from loss;

     "judge" means, those persons appointed in accordance with this Constitution to conduct trials in the Supreme Court, High Court or Trial Courts;

     "constitutional matter" means, proceedings where the determination of the meaning of an Article of the Constitution or any part thereof is required, or proceedings requiring a determination whether a law or any part thereof, or a regulation or any part thereof, or an order issued by a State authority, or an act committed, or a decision taken, by an official of that authority contravenes the Constitution;

     "enemy" means, those foreign nationals who commit acts detrimental to the independence and sovereignty of the Maldives. Citizens are not included in the meaning of "enemies";

     "law" means, those statutes enacted by the People's Majlis and assented to by the President, and those regulations which are authorized by, and which fall within the ambit of, those statutes;

     Terrorism

     "threat to national security" means a threat to the independence and sovereignty of the Maldives, or a threat of major damage to people's lives, limbs or property. This includes terrorist attacks and acts of aggression committed using weapons. This, however, does not include the exercise by citizens of their legal rights to conduct peaceful activities in support of, or against various matters without contravening the law;

     "territorial integrity" means, the security of all persons, places and things within the territory of the Maldives or any part thereof and the Exclusive Economic Zone of the Maldives, and the retention of the entirety of the territory of the Maldives under the control of the Maldivian State;

     "tribunal" means any institution not constituting a court, authorized by law to adjudicate cases where a dispute arises between two or more parties and to which an application is made for adjudication thereto;

     "tax" or "a tax" means, all monies levied by the government from an individual or organization or other legal entity for the purpose of raising revenue for the State, and excluding any charge, fee or rent levied in accordance with law for the provision of a service.

2. In this Constitution, words denoted in the singular tense include the plural tense and vice versa.

275. Application of this Chapter

276. Elections Commission

1. A five member Elections Commission shall in the manner specified in this Chapter, be appointed within thirty days of the commencement of this Constitution.
2. The members of the Elections Commission shall be appointed as follows:-
   1. each of the political parties shall submit to the People's Majlis one nomination for appointment to the Elections Commission;
   2. the People's Majlis shall by resolution passed by a two-thirds majority of those present and voting confirm the appointment of five members to the Elections Commission from the nominations received from the political parties;
   3. where five members are not confirmed as provided for in article (b) (2), the political party or parties whose nominations were unsuccessful shall be given the opportunity to submit further nominations in numbers equal to the membership positions unfilled;
   4. where the nominations submitted by the political parties as provided for in article (a) falls short of five names; the political parties shall be afforded the opportunity to submit further names;
   5. the members of the Elections Commission shall appoint a Chairman of the Elections Commission from amongst themselves;
   6. for the purposes of this Chapter apolitical party shall mean a party which has held its elections and post bearers appointed to its posts.

277. Vacancy in Elections Commission

278. Qualifications of members of the Elections Commission

1. The members of the Elections Commission established pursuant to this Chapter shall possess the qualifications specified in Article 169 of this Constitution.
2. A member of the Elections Commission shall not be a member of any political party.

279. Responsibilities of the Elections Commission

280. Term of Elections Commission

281. Judicial Service Commission

1. A Judicial Service Commission composed of the following persons, shall be appointed within thirty days of the commencement of this Constitution:
   1. a Judge of the Supreme Court other than the Chief Justice, elected by the Judges of the Supreme Court;
   2. a Judge of the High Court, elected by the Judges of the High Court;
   3. a Judge of the Trial Courts, elected by the Judges of the Trial Courts;
   4. a member of the People's Majlis appointed by it;
   5. a member of the general public appointed by the People's Majlis;
   6. the Chair of the Civil Service Commission;
   7. a person appointed by the President;
   8. a lawyer elected from among the lawyers licensed to practise in the Maldives by themselves.
2. Despite the provisions of article (a), a Judge from the Supreme Court shall only be appointed to the Judicial Service Commission after appointment of Judges to the Supreme Court as specified in this Chapter.
3. The Judicial Service Commission appointed as provided in this Chapter shall continue until constitution by the next elected People's Majlis, of a Judicial Service Commission as specified in this Constitution.

282. Supreme Court

1. A Supreme Court comprising of five Judges, shall within forty five days of the commencement of this Constitution, be appointed to deal with all legal disputes arising under this Constitution and all matters coming to it on appeal from the High Court.
2. Until the establishment of the Supreme Court as provided for in this Chapter and appointment of a person to carry out the responsibilities of the Chief Justice as specified in article (c), the highest authority for the administration of justice in the Maldives shall be a Judge of the High Court chosen from among themselves.
3. Until such time as the new People's Majlis upon the recommendation of the Judicial Service Commission constituted as specified for in this Constitution, appoints a Chief Justice as provided for in Article 147, the responsibilities of that office shall be administered by a Judge chosen from within themselves by the Judges appointed to the Supreme Court in the manner specified in this Chapter.
4. All matters pending on appeal to the President at the commencement of this Constitution shall henceforth be dealt with and deemed to be pending before the Supreme Court. There shall be no further recourse of appeal from the High Court to the President from then onwards.
5. The Supreme Court established as provided for in this Chapter, in formulating the principles applicable to the appeal process shall ensure that the following cases have the opportunity of appeal:
   1. those cases disposed of by the High Court where the right of appeal has been lost between the commencement of this Constitution and establishment of the Supreme Court pursuant to this Chapter;
   2. those cases disposed of by the High Court between the commencement of this Constitution and establishment of the Supreme Court pursuant to this Chapter;

283. Appointment of Judges to the Supreme Court

1. The President as Head of the State shall appoint Judges to the Supreme Court established as specified in this Chapter. The appointments shall be determined after consulting the Judicial Service Commission and confirmation of the appointments by a two-thirds majority of the members of the People's Majlis present and voting.
2. The Judges of the Supreme Court appointed pursuant to this Chapter shall possess the qualifications specified in Article 149 of this Constitution.

284. Term of Supreme Court

285. Continuation of Judges

1. All Judges in office at the commencement of this Constitution except for the Chief Justice shall continue in office until such time as a determination pursuant to this Article.
2. The Judicial Service Commission established pursuant to Article 157 of this Constitution, shall within two years of the commencement of this Constitution determine whether or not the Judges in office at the said time, possess the qualification of Judges specified in Article 149.
3. Where it is determined as provided in article (b) that a Judge does not possess a qualification or the qualifications specified in Article 149, such Judge shall cease to hold office.
4. Where it is determined as provided in article (b) that a Judge possesses the qualifications specified in Article 149, such Judge shall be appointed as a Judge under this Constitution.
5. Except as provided in article (c), Judges may only be removed from office as specified in Article 154 of this Constitution.

286. Other courts

287. Jurisdiction of the courts

288. Prosecutor General

1. The Prosecutor General shall be appointed in the manner specified in this Chapter within thirty days of the commencement of this Constitution.
2. Until such time as the Prosecutor General is appointed and assumes office, the responsibilities of the Prosecutor General shall be carried out the by the Attorney General. However the Attorney General shall only carry out the responsibilities of the Prosecutor General for a maximum period of thirty days.
3. The President as Head of the State shall appoint the Prosecutor General as provided in article (a). The appointment shall be made by submission of a nomination to the People's Majlis within fifteen days of the commencement of this Constitution, and confirmation of the appointment by a two-thirds majority of the members of the People's Majlis present and voting.

289. Anti-Corruption Commission

290. Independent Commissions

291. Continuance of laws

292. No amendment to the Constitution

293. Commencement of this Constitution

1. This Constitution shall come into force, after approval of the Special Majlis, assent by the President and publication in the Government Gazette.
2. Upon the commencement of this Constitution, the "Constitution of the Republic of the Maldives" which came into force on 1 January 1998 shall be repealed.
3. Despite the provisions of article (a), until such time as the election of the President and the People's Majlis, the specific provisions of this Chapter shall apply to the matters specified herein.

294. Continuance of the People’s Majlis

1. The People's Majlis in existence at the commencement of this Constitution shall continue until such time as the first elections of the People's Majlis under this Constitution are held, and election of members and assumption of office by the members.
2. The People's Majlis shall at the first sitting after the ratification of this Constitution, 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.
3. Whenever there is a vacancy among the members of the People's Majlis, and there is a period of six months between the date of the vacancy and the first sitting of the first elected People's Majlis, an election shall be held to elect a member to the vacancy.

295. Responsibilities and powers of the People’s Majlis

1. The People's Majlis shall carry out the following:
   1. to do all things necessary to facilitate the elections specified in this Chapter in the manner provided herein;
   2. to determine what laws are contrary to the Constitution and to do all things necessary for the repeal or amendment of such laws;
   3. to enact legislation required under this Constitution;
   4. to deal with all routine legislative matters necessary for the functioning of the Executive and the Judiciary, and for the proper functioning and good governance of the Maldives.
2. The People's Majlis shall continue to consider Bills submitted prior to the commencement of this Constitution, and not yet enacted, and any other matters if they are not contrary to the Constitution.

296. Election of the People’s Majlis

1. The first election of members to the People's Majlis to be held under this Constitution shall be held before 15 February 2009.
2. The People's Majlis elected in accordance with article (a) shall after taking and subscribing the oath of office and assumption of office, hold the first meeting of the first People's Majlis elected under this Constitution, before 1 March 2009.

297. Continuance of other posts and institutions

1. Within two years of the commencement of this Constitution, excepting matters specifically provided herein, elections or appointments to posts shall be finalised in accordance with the provisions of this Constitution, and institutions specified in the Constitution shall also be created or established.
2. Until such time as elections or appointments to posts specified in this Constitution in the manner provided in this Chapter or this Constitution are finalised, persons elected or appointed at the commencement of this Constitution shall continue in office.
3. Until such time as creation of institutions specified in this Constitution in the manner provided in this Chapter or this Constitution, institutions created or established at the commencement of this Constitution shall continue.

298. Decentralised administration

299. Obedience to the Constitution

1. Duty to obey the constitution
   The Executive, the People's Majlis, the Judiciary, the Independent Commissions and persons in Independent Offices, all State institutions, all persons in any State post and all citizens shall comply with the provisions of the Constitution upon its commencement. The non-existence of a law shall not be an excuse for the infringement of any fundamental right or freedom under the Constitution.
2. Despite the provisions of article (a):-
   1. the People's Majlis shall identify laws inconsistent with the Constitution at its commencement and approve a course of action until such inconsistent laws or parts thereof can be amended or repealed. The Executive shall within thirty days of the commencement of this Constitution draw up a list of such laws or part thereof and submit it to the People's Majlis. Within ninety days of the commencement of this Constitution, the People's Majlis shall draw up and approve a schedule for amending or revoking such laws.
   2. the People's Majlis shall until the enactment and commencement of laws required to give effect to this Constitution, approve a course of action in relation to these matters. The Executive shall within thirty days of the commencement of this Constitution draw up a list of such laws and submit it to the People's Majlis. Within ninety days of the commencement of this Constitution, the People's Majlis shall draw up and approve a schedule for enactment and commencement of such laws.

300. Continuation in office of the President and the Cabinet of Ministers

1. Until such time as the first Presidential elections under this Constitution are held and a person elected to and assumes the post of President, the person holding the post of President at the commencement of this Constitution shall continue in office.
2. Until such time as the first Presidential elections under this Constitution are held and a person elected to and assumes the post of President, the Cabinet of Ministers appointed by the person holding the post of President at the commencement of this Constitution shall continue in office. The President has the discretion to make changes to the Cabinet of Ministers.
3. The Cabinet of Ministers appointed after the first Presidential elections held pursuant to this Constitution shall not contain any members of the People's Majlis.

301. Presidential election

1. The first presidential elections to be held under this Constitution shall be held before 10 October 2008.
2. The President elected in accordance with article (a) shall take and subscribe the oath of and assume office on 11 November 2008.

1. OATH OF OFFICE OF PRESIDENT

2. OATH OF OFFICE OF VICE PRESIDENT

3. OATH OF OFFICE OF MEMBERS OF THE CABINET

4. OATH OF OFFICE OF MEMBERS OF THE PEOPLE'S MAJLIS

5. OATH OF OFFICE OF CHIEF JUSTICE AND JUDGES

6. OATH OF OFFICE OF MEMBERS OF INDEPENDENT COMMISSIONS AND INDEPENDENT OFFICES

1. National Flag

2. Composition of national flag

3. Dimensions

4. Colours