This is the "Constitution of the Republic of the Maldives". Any reference to the "Constitution" herein is a reference to the Constitution of the Republic of the Maldives.
This is the "Constitution of the Republic of the Maldives". Any reference to the "Constitution" herein is a reference to the Constitution of the Republic of the Maldives.
The Maldives is a sovereign, independent, democratic Republic based on the principles of Islam, and is a unitary State, to be known as the Republic of the Maldives. Any reference to "the Maldives" is a reference to the Republic of the Maldives.
The territory of the Maldives encompasses the land, airspace, sea and seabed within the archipelagic baselines of the Maldives drawn in accordance with the law, and includes the territorial waters, the seabed and air space thereof beyond the said baselines. Any changes to the territory of the Maldives may only be made pursuant to a law enacted by at least a two-third majority of the total membership of the People's Majlis.
All the powers of the State of the Maldives are derived from, and remain with, the citizens.
All legislative power in the Maldives is vested in the People's Majlis.
As provided for in this Constitution the executive power is vested in the President.
The judicial power is vested in the courts of the Maldives.
The powers of the State shall be exercised in accordance with this Constitution.
The national language of the Maldives is Dhivehi.
The unit of currency of the Maldives is the Rufiyaa, divided into one hundred Laari.
The capital of the Maldives is the island of Male'.
The national day of the Maldives is the first day of the month of Rabeeu al-Awwal.
It is the duty of the State to follow the provisions of this Constitution, and to protect and promote the rights and freedoms provided in this Chapter.
A citizen is free to engage in any conduct or activity that is not expressly prohibited by Islamic Shari'ah or by law. No control or restraint may be exercised against any person unless it is expressly authorised bylaw.
Every individual is equal before and under the law, and has the right to the equal protection and equal benefit of the law.
Everyone has the right to life, liberty and security of the person, and the right not be deprived thereof to any extent except pursuant to a law made in accordance with Article 16 of this Constitution.
The State has a fundamental duty to protect and preserve the natural environment, biodiversity, resources and beauty of the country for the benefit of present and future generations. The State shall undertake and promote desirable economic and social goals through ecologically balanced sustainable development and shall take measures necessary to foster conservation, prevent pollution, the extinction of any species and ecological degradation from any such goals.
Every citizen the following rights pursuant to this Constitution, and the State undertakes to achieve the progressive realisation of these rights by reasonable measures within its ability and resources:
Everyone has the right to respect for his private and family life, his home and his private communications. Every person must respect these rights with respect to others.
Unless otherwise provided in this Constitution, every citizen of the Maldives eighteen years of age or older has the right:
Everyone has the right to freedom of thought and the freedom to communicate opinions and expression in a manner that is not contrary to any tenet of Islam.
Everyone has the right to freedom of the press, and other means of communication, including the right to espouse, disseminate and publish news, information, views and ideas. No person shall be compelled to disclose the source of any information that is espoused, disseminated or published by that person.
Everyone has the freedom to acquire and impart knowledge, information and learning.
Every person employed in the Maldives and all other workers have the freedom to stop work and to strike in order to protest.
Everyone has the right to freedom of peaceful assembly without prior permission of the State.
Everyone has the right to protect one's reputation and good name.
Every one engaged in employment with the State shall have the right of pension as provided by law.
The application of the criminal law or criminal procedure, including the conduct of investigations, criminal proceedings and enforcement of sentences as provided by law, shall extend to the accused person only and shall not affect the legal rights or obligations of any other person.
Everyone has the right not to be arbitrarily detained, arrested or imprisoned except as provided by law enacted by the People's Majlis in accordance with Article 16 of this Constitution.
No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.
Everyone has the right on arrest or detention:
No person shall be detained in custody prior to sentencing, unless the danger of the accused absconding or not appearing at trial, the protection of the public, or potential interference with witnesses or evidence dictate otherwise. The release may be subject to conditions of bail or other assurances to appear as required by the court.
After notice of an alleged offence has been brought to the attention of the investigating authorities, the matter shall be investigated promptly, and where warranted, the Prosecutor General shall lay charges as quickly as possible.
Everyone charged with an offence has the right:
No confession shall be admissible in evidence unless made in court by an accused who is in a sound state of mind. No statement or evidence must be obtained from any source by compulsion or by unlawful means and such statement or evidence is inadmissible in evidence.
No person shall be subjected to cruel, inhumane or degrading treatment or punishment, or to torture.
No person shall be imprisoned on the ground of non-fulfillment of a contractual obligation.
Everyone related to a matter has the right to appeal a conviction and sentence, or judgement or order in a criminal or civil matter.
Everyone deprived of liberty through arrest or detention as provided by law, pursuant to an order of the court, or being held in State care for social reasons, shall be treated with humanity and with respect for the inherent dignity of the human person. A person may be deprived of the rights or freedoms specified in this Chapter only to the extent required for the purpose for which he is deprived of his liberty.
Everyone who has been arrested or detained without legal authority or justification has the right to be compensated.
Any law or part of any law contrary to the fundamental rights or freedoms guaranteed by this Chapter shall be void or void to the extent of such inconsistency.
No employee of the State shall impose any orders on a person except under authority of a law. Everyone has the right not to obey an unlawful order.
Anyone whose rights or freedoms, as guaranteed by this Chapter, have been infringed or denied may apply to a court to obtain a just remedy.
All existing statutes, regulations, decrees and notices inconsistent with the fundamental rights and freedoms provisions in this Chapter shall, to the extent of the inconsistency, become void on the commencement of this Constitution.
The exercise and enjoyment of fundamental rights and freedoms is inseparable from the performance of responsibilities and duties, and it is the responsibility of every citizen:
Every person in the Maldives must also respect these duties.
When interpreting and applying the rights and freedoms contained within this Chapter, a court or tribunal shall promote the values that underlie an open and democratic society based on human dignity, equality and freedom, and shall consider international treaties to which the Maldives is a party.
No provision of the Constitution shall be interpreted or translated in a manner that would grant to the State or any group or person the right to engage in any activity or perform any act aimed at the destruction of the rights and freedoms set out in this Constitution.
Any question concerning the qualifications or removal, or vacating of seats, of a member of the People's Majlis shall be determined by the Supreme Court.
Members of the People's Majlis should be guided in their actions by considerations of national interest and public welfare foremost, and should not exploit their official positions in any way for their own benefit or for the benefit of those with whom they have special relations. They shall represent not only their constituencies but the country as a whole.
Every member shall annually submit to the Secretary General of the People's Majlis a statement of all property and monies owned by him, business interests and liabilities. Such declarations shall include the details of any other employment and obligations of such employment.
A member of the People's Majlis may resign his seat by writing under his hand addressed to the Speaker, and the seat shall become vacant when the resignation is received by the Speaker.
Whenever there is a vacancy among the members of the People's Majlis, an election shall be held within sixty days from the date of the vacancy. A by-election shall not be held within six months prior to a general election.
In the event of a declaration of a state of emergency, making it difficult to hold a general election, the term of the People's Majlis may be extended by a resolution enacted by the People's Majlis for a period not exceeding one year if such resolution is supported by two-thirds of the total membership of the People's Majlis. When the declaration of the state of emergency expires or is revoked during an extended term, the People's Majlis shall not continue for a period longer than sixty days, and all matters relating to the election of a new People's Majlis shall be completed within that time.
A person elected as a member of the People's Majlis shall assume membership in the People's Majlis upon taking and subscribing, before the Chief Justice or his designate, the oath of office of members of the People's Majlis set out in Schedule 1of this Constitution.
There shall be at least three sessions of the People's Majlis every year. The dates for the commencement and conclusion of the sessions must be specified in the Regulations governing the Proceedings of People's Majlis. The sessions shall generally be held at the House of the People's Majlis.
At the beginning of the first session of each year at the first sitting, the President shall address the People's Majlis on the state of the country, and may present proposals for improving the state of the country to the People's Majlis.
The presence of at least twenty five percent of the members, shall constitute a quorum of the People's Majlis.
All proceedings of the People's Majlis shall be published in the minutes of the People's Majlis and available to the public.
A Bill passed by the People's Majlis shall become law when assented to by the President. Every Bill assented to by the President shall be published in the Government Gazette on the day of assent. Such law shall come into force when it is published in the Government Gazette, or on such later date following publication stipulated in the statute.
The People's Majlis may, pursuant to law and for prescribed purposes, delegate to any person or body power to make orders, and regulations, or other instruments having legislative effect, including the power to:
The People's Majlis may by resolution refer to the Supreme Court for hearing and consideration important questions of law concerning any matter, including the interpretation of the Constitution and the constitutional validity of any statute. The Supreme Court shall answer the questions so referred and shall provide the answers to the People's Majlis, giving reasons for its answers. The opinion shall be pronounced in like manner as in the case of a judgment on appeal to the Supreme Court.
The Executive shall not:
except pursuant to a law enacted by the People's Majlis.
The People's Majlis or any of its committees has the power to:
The President, Vice President, members of the Cabinet, members of the People's Majlis, including the Speaker and Deputy Speaker, members of the Judiciary, and members of the Independent Commissions and Independent Offices shall be paid such salary and allowances as determined by the People's Majlis.
The members of the People's Majlis and persons appointed or employed by them shall not use their position or any information entrusted to them to improperly benefit themselves or any other person.
The People's Majlis shall, as provided for in its regulations, appoint a Secretary General to establish and manage the secretariat, to arrange for the sittings and documentation of the People's Majlis, and generally to assist the Speaker and the members.
The President shall be elected directly by the people by universal and secret suffrage.
A person elected as President shall have the following qualifications:
Elections for the office of President shall be held within one hundred and twenty days to thirty days prior to the expiry of the existing presidential term.
The Supreme Court, sitting together in session, shall have sole and final jurisdiction to determine all disputes concerning the qualification or disqualification, election, status, of a presidential candidate or running mate or removal of the President by the People's Majlis.
An incoming President or Vice President shall assume office upon taking and subscribing, before the Chief Justice or his designate, at a sitting of the People's Majlis, the relevant oath of office set out in Schedule 1of this Constitution.
In addition to the duties and powers otherwise expressly conferred on the President by this Constitution and the law, the President is entrusted pursuant to this Constitution with carrying out the duties specified herein and shall have the following powers to do so:
The President and Vice President shall be paid such salary and allowances as determined by the People's Majlis.
Every year, the President shall submit to the Auditor General a statement of all property and monies owned by him, business interests and all assets and liabilities.
If the office of Vice President becomes vacant by reason of death, resignation, removal from office, permanent incapacity, or succession to the office of the President, the President shall appoint a new Vice President to serve the remainder of the term. The appointment shall be approved by the People's Majlis.
In the event of the absence or temporary incapacity of both the President and the Vice President to carry out the duties of office of the President, the duties shall be carried out, in order of priority, by the Speaker of the People's Majlis, or by the Deputy Speaker of the People's Majlis, or by a member of the People's Majlis elected by a resolution of the People's Majlis, until the President or Vice President are able to resume the duties of office.
In the event of the permanent incapacity, resignation, removal or death of both the President or the Vice President, and both offices becoming vacant at the same time, leading to an incapacity to carry out the duties of the President, until such time as a President and a Vice President shall be elected, the duties of both offices shall temporarily be carried out, in order of priority, by the Speaker of the People's Majlis, or by the Deputy Speaker of the People's Majlis, or by a member of the People's Majlis elected by a resolution of the People's Majlis, until successors in office are chosen.
The qualifications of office for any person temporarily assuming the office of the President shall be the same as those for the President.
Any person temporarily discharging the duties of the office of the President or Vice President shall take and subscribe before the Chief Justice or his designate, the relevant oath of office set out in Schedule 1 of this Constitution.
The President and the Vice President shall be answerable in law for any alleged criminal offence, whether committed before or during his term of office. However, if any criminal proceedings are instituted against the President, the People's Majlis may if it so sees fit, by resolution provide that such proceedings shall not be continued until after the expiration of the term of office.
A person who has served in the office of President, serving his term of office lawfully without committing any offence, shall be entitled to the highest honour, dignity, protection, financial privileges and other privileges entitled to a person who has served in the highest office of the land. Such protection and privileges shall be specified in law.
A member of the Cabinet shall assume office upon taking and subscribing, before the Chief Justice or his designate, the oath of office of members of the Cabinet set out in Schedule 1of this Constitution.
The members of the Cabinet shall comply with all the provisions of the Constitution and the law, and shall faithfully discharge the responsibilities assigned to them by the President, including the following:
The members of the Cabinet shall be paid such salary and allowances as determined by the People's Majlis.
Every member of the Cabinet shall annually submit to the Auditor General a statement of all property and monies owned by him, business interests and all assets and liabilities.
A member of the Cabinet may resign from office by writing under his hand submitted to the President, and the office shall become vacant when the resignation is received by the President.
A member of the Cabinet shall be given responsibility for each authority or institute established by the Government or the People's Majlis, except for independent institutions specified in this Constitution or established pursuant to law. Such member of the Cabinet must take responsibility for the operation of such authority or institution and must be accountable for it.
The Judges are independent, and subject only to the Constitution and the law. When deciding matters on which the Constitution or the law is silent, Judges must consider Islamic Shari'ah. In the performance of their judicial functions, Judges must apply the Constitution and the law impartially and without fear, favour or prejudice.
When deciding a constitutional matter within its jurisdiction, a court:
There shall be a Chief Justice of the Maldives. The President as the Head of State shall appoint the Chief Justice, after consulting the Judicial Service Commission and confirmation of the appointee by a majority of the members of the People's Majlis present and voting.
Every Judge shall take and subscribe the oath of office of Judges set out in Schedule 1 of this Constitution before assuming office.
Every Judge shall devote his full time to the performance of the responsibilities of a Judge. A Judge shall perform other work only in accordance with and as specified by the statute relating to Judges.
Judges shall be paid such salary and allowances in keeping with the stature of their office as determined by the People's Majlis.
Every Judge shall annually submit to the Judicial Service Commission a statement of all property and monies owned by him, business interests and all assets and liabilities.
The People's Majlis shall have authority to pass laws concerning the administration of the courts, the trial and appellate jurisdiction of the courts and trial procedures.
The courts have the inherent power to protect and regulate their own process, in accordance with law and the interests of justice.
The Judicial Service Commission shall consist of:
The Judicial Service Commission is entrusted with the responsibility and power:
The President as Head of the State shall constitute the Judicial Service Judicial Service Commission as specified in this Chapter.
A member 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.
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.
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.
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.
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.
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.
The Elections Commission's responsibilities and powers include the following:
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.
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.
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.
The members of the Elections Commission shall be paid such salary and allowances as determined by the People's Majlis.
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):
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.
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.
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.
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.
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.
The members of the Civil Service Commission shall be paid such salary and allowances as may be determined by the People's Majlis.
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):
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.
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.
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.
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.
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.
The members of the Human Rights Commission shall be paid such salary and allowances as determined by the People's Majlis.
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):
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.
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.
The Anti-Corruption Commission's responsibilities and powers include the following:
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.
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.
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.
The members of the Anti-Corruption Commission shall be paid such salary and allowances as determined by the People's Majlis.
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):
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.
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.
The Auditor General's responsibilities and powers include the following: -
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.
The office of the Auditor General shall be audited as specified in law.
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.
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.
The Auditor General shall be paid such salary and allowances as determined by the People's Majlis.
The Auditor General shall be removed from office only for the reasons specified in article (a) and in the manner specified in article (b):
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.
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.
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.
The Prosecutor General's responsibilities and powers include the following: -
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.
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.
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.
The Prosecutor General shall be paid such salary and allowances as determined by the People's Majlis.
The Prosecutor General shall be removed from office only for the reasons specified in article (a) and in the manner specified in article (b):
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.
The responsibilities of councils elected to provide for decentralised administration shall include:
A bylaw or decision of a local authority shall be subject to Acts or Regulation of the People's Majlis.
Local authorities shall be provided with an annual budget from the Treasury as provided in law, and shall also have authority, in accordance with statute, to raise funds.
Local authorities shall be empowered to own property and to incur liabilities, subject to any limitations prescribed by statute.
The Maldivian security services, consisting of the Military Service and the Police Service, is established to enable all persons in the Maldives to live in peace, security and freedom.
The security services shall protect the nation's sovereignty, maintain its territorial integrity defend the constitution and democratic institutions, maintain and enforce law and order, and render assistance in emergencies.
The actions of the security services must be exercised in accordance with the Constitution and the law, and operate on the basis of accountability. The President shall ensure that these obligations of the security services are complied with.
The security services shall be organized as two separate services, and shall operate independently of each other.
A committee of the People's Majlis shall be established to exercise continuing oversight of the operations of the security services. The committee shall include representation from all the different political parties within the People's Majlis.
Each security service shall be under the responsibility of a Minister, who shall be answerable for its operations to the President and to the People's Majlis.
The primary objects of the Police Service are:
No person shall give an illegal order to a member of the security services. Members of the security services shall not obey a manifestly illegal order.
Except where specified in this Constitution as the responsibility of another party, the Executive may sue or be sued on behalf of the State, and may defend any action against the State, in any court of the Maldives, in any foreign court, or in any other place.
In the event of natural disaster, dangerous epidemic disease, war, threat to national security, or threatened foreign aggression, the President may declare a state of emergency in all or part of the country for a period not exceeding thirty days.
The declaration of a state of emergency shall specify the reasons for the declaration of an emergency, and include measures to deal with the emergency, which may include the temporary suspension of the operation of laws and infringement of certain fundamental rights and freedoms guaranteed by this Constitution in Chapter 2.
The declaration of a state of emergency shall be published in the Government Gazette within three days of its issuance.
The Supreme Court shall determine any issues with regard to the validity in whole or part of the declaration or any law or order made pursuant to the emergency.
When the declaration of a state of emergency expires or is revoked by the People's Majlis, all laws promulgated pursuant to the declaration shall cease to have effect.
The President must publicly announce the expiration of the declaration of a state of emergency.
The Constitution may be amended by a Bill passed by a three quarters majority of the total membership of the People's Majlis.
where the amendment does not receive a majority approval in the public referendum, it shall be deemed to have been defeated.
After assent by the President, the Bill amending the Constitution passed by the People's Majlis shall come into force after publication in the Government Gazette and on a date fixed by the People's Majlis.
Where the Bill amending this Constitution passed by the People's Majlis does not receive a majority approval in the public referendum, it shall be deemed to have been defeated.
The Bill amending the Constitution may not include provisions other than constitutional amendments and matters connected with the amendment.
No amendment shall be made to any provision of the Constitution during the existence of a state of emergency.
All laws of the Maldives must be enacted in accordance with this Constitution. Any law or part of any law inconsistent with this Constitution is, to the extent of its inconsistency, void and of no force and effect. The obligations imposed by this Constitution must be fulfilled. Any conduct contrary to this Constitution shall be invalid.
Unless amended by the People's Majlis, the laws in force at the time this Constitution comes into force which are not inconsistent with this Constitution shall continue to remain in force.
Acts done pursuant to or in accordance with any law which is repealed upon the commencement of this Constitution due to its inconsistency with this Constitution, remain valid, and the repeal of any such law shall not affect any right or obligation of a person under such law or any punishment enforced under such law.
Regulations derive their authority from laws passed by the People's Majlis pursuant to which they are enacted, and are enforceable pursuant to such lawful authority. Any regulations requiring compliance by citizens must only be enacted pursuant to authority granted by a law enacted by the People's Majlis.
Terms, periods of times and dates in this Constitution shall be ascertained in accordance with the Gregorian Calendar.
The table of contents, headings, and marginal notes are not part of this Constitution but are inserted for convenience of reference only.
"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;
"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.
Unless otherwise specifically provided in this Chapter:
Vacancies in the Elections Commission shall be filled in accordance with the provisions of this Chapter on appointments to the Elections Commission.
The responsibilities of the Elections Commission appointed pursuant to this Chapter shall be to do all things necessary to conduct, manage, supervise and declare the results of the elections held pursuant to this Chapter, perform actions relating to political parties, and such additional functions specified in this Constitution to the extent required during the transitional period.
The Elections Commission appointed pursuant to this Chapter shall continue until the appointment, by the People's Majlis elected as specified in the Chapter, "The People's Majlis" (of this Constitution), of a new Elections Commission as specified in the Chapter, "Independent Commissions and Independent Offices" (of this Constitution).
The Supreme Court appointed pursuant to this Chapter shall continue until the establishment of the Supreme Court as provided for in Article 145 of this Constitution.
All Courts in existence at commencement of this Constitution shall continue in existence until such time as new Courts are established in accordance with Article 141 of this Constitution.
All matters pending before the Supreme Court established pursuant to this Chapter and the courts in existence at commencement of this Constitution shall henceforth be deemed to be pending before the courts established under this Constitution.
The Anti-Corruption Commission shall in the manner specified in this Constitution be appointed within sixty days of the commencement of this Constitution.
The Elections Commission, the Anti-Corruption Commission and the Prosecutor General shall in accordance with the provisions of this Constitution, be appointed within sixty days of the first sitting of the first People's Majlis elected under this Constitution.
All laws in force at the time this Constitution comes into force which are not inconsistent with this Constitution shall continue to remain in force.
No amendments may be made to the Constitution until the first election of and assumption of office by the President and the People's Majlis under this Constitution.
In order to provide for decentralised administration of the administrative divisions of the Maldives, elections to island councils, atoll councils and city councils as provided for in this Constitution shall be held before 1 July 2009.
I, ...(name of person)..., do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution of the Republic of Maldives and the fundamental rights of the Maldivian citizens, that I will bear true faith and allegiance to the Republic of Maldives, and will discharge the duties and responsibilities of the office of President honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives.
I, ...(name of person)..., do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution of the Republic of Maldives and the fundamental rights of the Maldivian citizens, that I will bear true faith and allegiance to the Republic of Maldives, and will discharge the duties and responsibilities of the office of Vice President honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives.
I, ...(name of person)..., do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution of the Republic of Maldives and the fundamental rights of the Maldivian citizens, that I will bear true faith and allegiance to the Republic of Maldives, and will discharge the duties and responsibilities entrusted to me by the President and my duties and responsibilities as Cabinet Minister/Attorney General honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives.
I, ...(name of person)..., do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution of the Republic of Maldives and the fundamental rights of the Maldivian citizens, that I will bear true faith and allegiance to the Republic of Maldives, and will discharge my duties and responsibilities as a member of the People's Majlis honestly and faithfully in accordance with the Constitution and the laws of the Republic of Maldives.
I, ...(name of person)..., do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution and the laws of the Republic of Maldives, that I will uphold the fundamental rights of the Maldivian citizens and will discharge the duties and responsibilities of Chief Justice/Judge honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives.
I, ...(name of person)..., do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution of the Republic of Maldives, that I will bear true faith and allegiance to the Maldives, that I will uphold the fundamental rights of the Maldivian citizens and will discharge the duties and responsibilities of Auditor General/Prosecutor General/membership of the Elections Commission/membership of the Judicial Service Commission/membership of the Human Rights Commission/membership of the Civil Service Commission/membership of the Anti-Corruption Commission honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives.
Male’ (including Villingilli and Hulhumale’)
HA Thiladhunmathi Uthuruburi
HDh Thiladhunmathi Dhekunuburi
Sh Miladhunmadhulu Uthuruburi
N Miladhunmadhulu Dhekunuburi
R Maalhosmadhulu Uthuruburi
B Maalhosmadhulu Dhekunuburi
Lh Faadhippolhu
K Male’ Atoll
AA Ari Atoll Uthuruburi
ADh Ari Atoll Dhekunuburi
V Felidhe Atoll
M Mulakatoll
F Nilandhe Atholhu Uthuruburi
Dh Nilandhe Atholhu Dhekunuburi
Th Kolhumadulu
L Haddhunmathi
GA Huvadhu Atholhu Uthuruburi
GDh Huvadhu Atholhu Dhekunuburi
Gn Fuvammulah
S Addu Atoll
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As provided in Article 12 of this Constitution, the national flag of the Republic of Maldives comprises of a green rectangle with a white crescent in the centre, the green rectangle being surrounded by a red border.
The width of the national flag is two-thirds of its length. The width of the red border is one-fourth of the width of the flag. The radii of both curvatures crescent are one-third of the width of the green rectangle. They are drawn from two points on a centre line across the length of the green rectangle, the first point being nine-sixteenth and the second at five-eighths of the length, measured from the side nearer to the staff, joining together to form a crescent. When the flag is hoisted the curvature of the crescent should face out.
Green-British Admiralty Colour Code No. T 1143 for nylon worsted bunting and No. T 817 A for other bunting.
Red-British Admiralty Colour Code No. T 1144 for nylon worsted bunting and No. T 818 A for other bunting.
White-British Admiralty Colour Code No. T1145 for nylon worsted bunting and T 819 A for other bunting.