Alternate Dispute Resolution, Exams of Law

Download Alternate Dispute Resolution and more Exams Law in PDF only on Docsity! h i INDEX Article Page No CHAPTER I STATE, SOVEREIGNTY AND CITIZENS 1. Constitution .............................................................................................. 1 2. Republic of the Maldives ........................................................................ 1 3. Territory of the Maldives ........................................................................ 1 4. Powers of the citizens .............................................................................. 1 5. Legislative power ..................................................................................... 1 6. Executive power ....................................................................................... 1 7. Judicial power .......................................................................................... 1 8. Supremacy of Constitution .................................................................... 2 9. Citizens ...................................................................................................... 2 10. State Religion ......................................................................................... 2 11. National Language ................................................................................ 2 12. National Flag .......................................................................................... 2 13. Currency of the Maldives...................................................................... 3 14. Capital ..................................................................................................... 3 15. National Day .......................................................................................... 3 CHAPTER II FUNDAMENTAL RIGHTS AND FREEDOMS 16. Guarantee of Rights .............................................................................. 3 17. Non-discrimination ............................................................................... 5 18. Duty of the State .................................................................................... 5 19. Freedom from restraint ........................................................................ 5 20. Equality ................................................................................................... 5 21. Right to life ............................................................................................. 5 22. Protection of the environment ............................................................ 5 23. Economic and social rights .................................................................. 6 24. Privacy ..................................................................................................... 6 25. No slavery or forced labour .................................................................. 7 26. Right to vote and run for public office ................................................ 7 27. Freedom of expression ......................................................................... 7 28. Freedom of the media ........................................................................... 7 29. Freedom of acquiring and imparting knowledge .............................. 7 30. Freedom to form political parties, associations and societies ........ 8 31. Right to strike ......................................................................................... 8 ii 32. Freedom of assembly ............................................................................ 8 33. Right to protect reputation and name ................................................ 8 34. Right to marry and establishment of the family ............................... 8 35. Special protection to children, young, elderly and _.....disadvantaged people............................................................................ 8 36. Right to education ................................................................................. 9 37. Right to work .......................................................................................... 9 38. Right of pension ................................................................................... 10 39. Right to participate in cultural life .................................................... 10 40. Right to acquire and hold property ................................................... 10 41. Freedom of movement and establishment ...................................... 11 42. Fair and transparent hearings ........................................................... 11 43. Fair administrative action .................................................................. 12 44. Personal liability .................................................................................. 12 45. No unlawful arrest or detention ........................................................ 12 46. Power of arrest and detention ........................................................... 12 47. Search and seizure ............................................................................... 13 48. Rights on arrest and detention .......................................................... 13 49. Release of accused ............................................................................... 13 50. Prompt investigation and prosecution ............................................. 14 51. Rights of the accused .......................................................................... 14 52. Confessions and illegal evidence ....................................................... 15 53. Assistance of legal counsel ................................................................. 15 54. No degrading treatment or torture ................................................... 15 55. No imprisonment for non-fulfilment of contractual __...obligation ............................................................................................. 15 56. Right to appeal ..................................................................................... 15 57. Humane treatment of arrested or detained persons ...................... 15 58. Compensation ...................................................................................... 16 59. Retrospective legislation .................................................................... 16 60. Prohibition of double jeopardy .......................................................... 16 61. Publication of acts and regulations ................................................... 16 62. Retention of other rights .................................................................... 17 63. Voidance of laws inconsistent with fundamental rights ................ 17 64. Non-compliance with unlawful orders ............................................. 17 65. Application to court to obtain a remedy .......................................... 17 66. Voidance of laws inconsistent with rights and freedoms .............. 18 67. Responsibilities and duties ................................................................ 18 68. Interpretation....................................................................................... 19 69. Non-destructive interpretation of Constitution .............................. 19 iii CHAPTER III THE PEOPLE’S MAJLIS 70. Legislative authority............................................................................ 19 71. Determination of the composition of the People’s Majlis ............. 20 72. Election of members ........................................................................... 21 73. Qualifications of members ................................................................. 22 74. Court jurisdiction ................................................................................ 24 75. Function of members .......................................................................... 24 76. Declaration of assets ........................................................................... 24 77. Resignation ........................................................................................... 24 78. Filling vacancy ..................................................................................... 24 79. Term of the People’s Majlis ................................................................ 24 80. Extension of term of the People’s Majlis .......................................... 25 81. Oath of office of members of the People’s Majlis ............................ 25 82. Speaker and Deputy Speaker of the People’s Majlis ...................... 25 83. Sittings of the People’s Majlis ............................................................ 27 84. Presidential address ............................................................................ 27 85. Proceedings open to the public ......................................................... 27 86. Quorum ................................................................................................. 27 87. Voting .................................................................................................... 27 88. Regulation of procedure ..................................................................... 28 89. Publication of proceedings of the People’s Majlis .......................... 29 90. Privilege ................................................................................................ 29 91. Presidential assent or return for reconsideration ........................... 29 92. Publication of laws in the Government Gazette .............................. 30 93. Treaties ................................................................................................. 30 94. Delegation of power to make regulations and orders with _.....lawful authority .................................................................................... 30 95. Reference to Supreme Court .............................................................. 31 96. Annual budget ...................................................................................... 31 97. Taxation and expenditures ................................................................. 31 98. Questioning of Ministers and members of the Government ......... 32 99. Summoning persons ........................................................................... 33 100. Removal of President or Vice President ......................................... 33 101. Vote of no confidence in a member of the Cabinet ....................... 34 102. Salary and allowances ....................................................................... 35 103. Improper benefit ............................................................................... 35 104. Secretary General .............................................................................. 35 105. Security ............................................................................................... 35 vi ELECTIONS COMMISSION 167. Elections Commission ...................................................................... 61 168. Appointment and composition of the Elections ____Commission ....................................................................................... 61 169. Qualifications ..................................................................................... 61 170. Responsibilities and powers ............................................................ 62 171. Voting and recording of results ....................................................... 63 172. Elections petitions ............................................................................. 63 173. Term of office of members of the Elections Commission ............ 63 174. Resignation from membership of the Elections ____Commission ....................................................................................... 63 175. Quorum and voting ........................................................................... 64 176. Salary and allowances ....................................................................... 64 177. Removal from office .......................................................................... 64 178. Oath of office ...................................................................................... 64 CIVIL SERVICE COMMISSION 179. Civil Service Commission ................................................................. 65 180. Appointment and composition of the Civil Service ____Commission ....................................................................................... 65 181. Qualifications ..................................................................................... 65 182. Responsibilities and powers ............................................................ 66 183. Term of office of members of the Civil Service Commission ...... 68 184. Resignation from membership of the Civil Service ____Commission ....................................................................................... 68 185. Quorum and voting ........................................................................... 68 186. Salary and allowances ....................................................................... 68 187. Removal from office .......................................................................... 68 188. Oath of office ...................................................................................... 69 HUMAN RIGHTS COMMISSION 189. Human Rights Commission ............................................................. 69 190. Appointment and composition of the Human Rights ____Commission ....................................................................................... 69 191. Qualifications ..................................................................................... 70 192. Responsibilities and powers ............................................................ 70 193. Term of office of members of the Human Rights ____Commission ....................................................................................... 71 vii 194. Resignation from membership of the Human Rights ____Commission ....................................................................................... 71 195. Quorum and voting ........................................................................... 71 196. Salary and allowances ....................................................................... 71 197. Removal from office .......................................................................... 71 198. Oath of office ...................................................................................... 72 ANTI-CORRUPTION COMMISSION 199. Anti-Corruption Commission .......................................................... 72 200. Appointment and composition of the Anti-Corruption ____Commission ....................................................................................... 72 201. Qualifications ..................................................................................... 73 202. Responsibilities and powers ............................................................ 73 203. Term of office of members of the Anti-Corruption ____Commission ....................................................................................... 74 204. Resignation from the Anti-Corruption Commission .................... 74 205. Quorum and voting ........................................................................... 74 206. Salary and allowances ....................................................................... 74 207. Removal from office .......................................................................... 74 208. Oath of office ...................................................................................... 75 AUDITOR GENERAL 209. Auditor General ................................................................................. 75 210. Appointment of Auditor General .................................................... 75 211. Qualifications of Auditor General ................................................... 75 212. Responsibilities and powers ............................................................ 75 213. Reporting ............................................................................................ 77 214. Audit of the Auditor General’s office .............................................. 77 215. Term of office of the Auditor General ............................................. 77 216. Resignation of Auditor General ....................................................... 77 217. Salary and allowances ....................................................................... 77 218. Removal from office .......................................................................... 77 219. Oath of office ...................................................................................... 77 PROSECUTOR GENERAL 220. Prosecutor General ............................................................................ 78 221. Appointment of Prosecutor General ............................................... 78 viii 222. Qualifications of Prosecutor General .............................................. 78 223. Responsibilities and powers of the Prosecutor General .............. 79 224. Acting through agents ....................................................................... 80 225. Term of office of the Prosecutor General ....................................... 80 226. Resignation of Prosecutor General ................................................. 80 227. Salary and allowances ....................................................................... 80 228. Removal from office .......................................................................... 80 229. Oath of office ...................................................................................... 81 CHAPTER VIII DECENTRALISED ADMINISTRATION 230. Decentralised administration .......................................................... 81 231. Election of Councils .......................................................................... 82 232. Responsibilities .................................................................................. 82 233. Authority to enact subordinate legislation .................................... 83 234. Finance ................................................................................................ 83 235. Ownership of property and liability for debts ............................... 83 CHAPTER IX SECURITY SERVICES 236. Security services ................................................................................ 83 237. Responsibilities and duties .............................................................. 83 238. Constitutional limitations ................................................................ 83 239. Authority of the People’s Majlis over the security services ......... 84 240. Separate services ............................................................................... 84 241. Multiparty committee of the People’s Majlis ................................. 84 242. Ministerial Responsibility ................................................................ 84 243. Military Service .................................................................................. 84 244. Police Service ..................................................................................... 84 245. Illegal orders and non-compliance ................................................. 85 246. Equal treatment ................................................................................. 85 CHAPTER X PROPERTY, LIABILITIES AND LEGAL ACTIONS OF THE STATE 247. Property and assets owned and acquired by the State ................. 85 248. Land, sea and naturally occurring valuable resources ................. 86 249. Ownerless property ........................................................................... 86 250. Transactions relating to State property .......................................... 86 xi SCHEDULE 2 ADMINISTRATIVE DIVISIONS ...................................................................................................................... 112 SCHEDULE 3 NATIONAL FLAG National flag ............................................................................................... 113 Composition of national flag .................................................................... 113 Dimensions ................................................................................................. 113 Colours ........................................................................................................ 114 1 CHAPTER I STATE, SOVEREIGNTY AND CITIZENS Constitution 1. 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. Republic of the Maldives 2. 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. Territory of the Maldives 3. The territory of the Maldives encompasses the land, air space, 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. Powers of the citizens 4. All the powers of the State of the Maldives are derived from, and remain with, the citizens. Legislative power 5. All legislative power in the Maldives is vested in the People’s Majlis. Executive power 6. As provided for in this Constitution the executive power is vested in the President. Judicial power 7. The judicial power is vested in the courts of the Maldives. 2 Supremacy of Constitution 8. The powers of the State shall be exercised in accordance with this Constitution. Citizens 9. (a) 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. (b) No citizen of the Maldives may be deprived of citizenship. (c) Any person who wishes to relinquish his citizenship may do so in accordance with law. (d) Despite the provisions of article (a) a non- Muslim may not become a citizen of the Maldives. State Religion 10. (a) 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 (b) No law contrary to any tenet of Islam shall be enacted in the Maldives National Language 11. The national language of the Maldives is Dhivehi. National Flag 12. (a) The national flag of the Maldives consists of a white crescent in the centre of a green rectangle 5 Non-discrimination 17. (a) 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. (b) 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). Duty of the State 18. 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. Freedom from restraint 19. 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 by law. Equality 20. Every individual is equal before and under the law, and has the right to the equal protection and equal benefit of the law. Right to life 21. 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. Protection of the environment 22. 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 6 foster conservation, prevent pollution, the extinction of any species and ecological degradation from any such goals. Economic and social rights 23. 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: (a) adequate and nutritious food and clean water; (b) clothing and housing; (c) good standards of health care, physical and mental; (d) a healthy and ecologically balanced environment; (e) equal access to means of communication, the State media, transportation facilities, and the natural resources of the country; (f) the establishment of a sewage system of a reasonably adequate standard on every inhabited island; (g) the establishment of an electricity system of a reasonably adequate standard on every inhabited island that is commensurate to that island. Privacy 24. 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. 7 No slavery or forced labour 25. (a) No one shall be held in slavery or servitude, or be required to perform forced labour. (b) 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). Right to vote and run for public office 26. Unless otherwise provided in this Constitution, every citizen of the Maldives eighteen years of age or older has the right: (a) to vote in elections, and in public referendums, which shall be held by secret ballot; (b) to run for public office; (c) to take part in the conduct of public affairs, directly or through freely chosen representatives. Freedom of expression 27. 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. Freedom of the media 28. 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. Freedom of acquiring and imparting knowledge 29. Everyone has the freedom to acquire and impart knowledge, information and learning. 10 (d) 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. Right of pension 38. Every one engaged in employment with the State shall have the right of pension as provided by law. Right to participate in cultural life 39. (a) Everyone has the right to participate in the cultural life of the nation, and to benefit from literary and artistic endeavours. (b) The State shall promote education, culture, literature and the arts, within the limits of its resources. Right to acquire and hold property 40. (a) Every citizen has the right to acquire, own, inherit, transfer or otherwise transact of such property. (b) 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. (c) 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. (d) Property of a person shall not be forfeited in substitution for any offence. 11 Freedom of movement and establishment 41. (a) Every citizen has the freedom to enter, remain in and leave the Maldives, and to travel within the Maldives. (b) Every citizen has the right to move to, and take up residence on, any inhabited island of the Maldives. (c) Every citizen shall have equal access to the receipt of rights and benefits from any island where he has established residency. Fair and transparent hearings 42. (a) 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. (b) All judicial proceedings in the Maldives shall be conducted with justice, transparency and impartiality. (c) 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. 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. 12 (d) 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. Fair administrative action 43. (a) Everyone has the right to administrative action that is lawful, procedurally fair, and expeditious. (b) Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons. (c) 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. Personal liability 44. 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. No unlawful arrest or detention 45. 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. Power of arrest and detention 46. 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 15 witnesses; (h) to be presumed innocent until proven guilty beyond a reasonable doubt. Confessions and illegal evidence 52. 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. Assistance of legal counsel 53. (a) Everyone has the right to retain and instruct legal counsel at any instance where legal assistance is required. (b) In serious criminal cases, the State shall provide a lawyer for an accused person who cannot afford to engage one. No degrading treatment or torture 54. No person shall be subjected to cruel, inhumane or degrading treatment or punishment, or to torture. No imprisonment for non-fulfilment of contractual obligation 55. No person shall be imprisoned on the ground of non- fulfilment of a contractual obligation. Right to appeal 56. Everyone related to a matter has the right to appeal a conviction and sentence, or judgement or order in a criminal or civil matter. Humane treatment of arrested or detained persons 57. 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. 16 Compensation 58. Everyone who has been arrested or detained without legal authority or justification has the right to be compensated. Retrospective legislation 59. (a) 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. (b) This Article shall not prejudice the trial and punishment of any person for any act which was criminal according to international law. Prohibition of double jeopardy 60. (a) 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. (b) The principle stated in article (a) does not apply to appeals relating to the offence. Publication of acts and regulations 61. (a) All statutes, regulations, government orders requiring compliance by citizens and government policies shall be published and made available to the public. (b) 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 17 punishment for commission of the offence. (c) 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. (d) Every citizen has the right to obtain all information possessed by the Government about that person. Retention of other rights 62. (a) The enumeration of rights and freedoms in this Chapter are guaranteed equally to female and male persons. (b) 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. Voidance of laws inconsistent with fundamental rights 63. 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. Non-compliance with unlawful orders 64. 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. Application to court to obtain a remedy 65. 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. Voidance of laws inconsistent with rights and freedoms 66. 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. 20 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. 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. 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. (c) The People’s Majlis shall not pass any law that contravenes any tenet of Islam. (d) 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. (e) 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. Determination of the composition of the People’s Majlis 71. (a) The membership of the People’s Majlis shall be determined in accordance with the following principles: 21 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. (b) 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. Election of members 72. (a) 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. (b) 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. (c) 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. 22 Qualifications of members 73. (a) 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. has attained the age of eighteen years; and 5. is of sound mind. (b) 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. (c) A person shall be disqualified from election as, a member of the People’s Majlis, or a 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 25 (b) 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. Extension of term of the People’s Majlis 80. 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. Oath of office of members of the People’s Majlis 81. 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 1 of this Constitution. Speaker and Deputy Speaker of the People’s Majlis 82. (a) 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. 26 (b) 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. (c) 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. (d) 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. (e) 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. (f) The Speaker shall not preside over the debate concerning his removal. The Deputy Speaker shall also not preside over any debate concerning his removal. (g) 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 27 removal. Sittings of the People’s Majlis 83. 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. Presidential address 84. 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. Proceedings open to the public 85. (a) Subject to article (b), meetings of the People’s Majlis and its committees shall be open to the public. (b) 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. (c) 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. Quorum 86. The presence of at least twenty five percent of the members, shall constitute a quorum of the People’s Majlis. Voting 87. (a) Unless otherwise provided in this Constitution, all decisions of the People’s Majlis shall be decided by a majority of votes of the members 30 (b) 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. (c) 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. Publication of laws in the Government Gazette 92. 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. Treaties 93. (a) 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. (b) 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. Delegation of power to make regulations and orders with lawful authority 94. 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: 31 (a) determine a date on which any law shall come into or cease to have effect; (b) make any law or part thereof applicable to any area or to any class of persons. Reference to Supreme Court 95. 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. Annual budget 96. (a) 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. (b) The People’s Majlis may approve or amend the budget submitted by the Minister of Finance as in its discretion it deems fit. (c) 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. Taxation and expenditures 97. The Executive shall not: 32 (a) spend any public money or property; (b) levy any taxation; (c) obtain or receive any money or property by loan or otherwise; (d) provide any sovereign guarantees; except pursuant to a law enacted by the People’s Majlis. Questioning of Ministers and members of the Government 98. (a) 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. (b) 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. (c) 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. (d) 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. 35 (d) 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. Salary and allowances 102. 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. Improper benefit 103. 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. Secretary General 104. 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. Security 105. (a) 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 (b) The security services of the State shall ensure the protection and safety of all members of the People’s Majlis. 36 CHAPTER IV THE PRESIDENT Executive power 106. (a) The executive power is vested in the President as provided for in the Constitution and the law. (b) The President shall be the Head of State, the Head of Government, and the Commander in Chief of the Armed Forces. (c) 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. (d) The President shall exercise Executive authority as provided for in the Constitution and law. Term of office 107. (a) 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. (b) 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. Manner of Presidential election 108. The President shall be elected directly by the people by universal and secret suffrage. Qualifications for election as President 109. A person elected as President shall have the following qualifications: 37 (a) be a Maldivian citizen born to parents who are Maldivian citizens, and who is not also a citizen of a foreign country; (b) be a Muslim and a follower of a Sunni school of Islam; (c) be at least thirty-five years of age; (d) be of sound mind; (e) not have an undischarged decreed debt; (f) not have 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; and (g) despite the provisions of article (f), not have been convicted of an offence for which a hadd is prescribed in Islam or of fraud, deception or criminal breach of trust. Election 110. 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. Presidential election 111. (a) 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 40 (g) to preside over the Cabinet of Ministers; (h) to issue declarations of war and peace, and to immediately submit such declarations to the People’s Majlis for approval; (i) to declare states of emergency, in accordance with the provisions of the Constitution; (j) to determine, conduct and oversee the foreign policy of the country, and to conduct political relations with foreign nations and international organizations; (k) 1. to enter into general treaties and agreements with foreign states and international organizations, which do not impose any obligations on citizens; 2. to enter into and ratify, with the approval of the People’s Majlis, treaties and agreements with foreign states and international organizations, which impose obligations on citizens; (l) to appoint members of diplomatic missions to foreign countries and international organizations in consultation with the People’s Majlis; (m) to recall and remove from office members of diplomatic missions to foreign countries and international organizations; (n) to receive and recognize the credentials of 41 diplomatic and consular representatives of foreign countries and other parties and to accept their letters of recall; (o) to appoint temporary commissions to advise the President on national issues and conduct investigations; (p) to hold public referendums on issues of national importance; (q) to declare national and government holidays; (r) to issue awards, medals and honorary titles, as provided by law; (s) to grant pardons or reductions of sentence as provided by law, to persons convicted of a criminal offence who have no further right of appeal; (t) to ensure that the security services comply with their obligations as provided in this Constitution; (u) to perform all other duties specifically authorized by this Constitution and by law. Government Ministries 116. (a) 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. (b) The People’s Majlis may give to the President such opinions and views it has on the ministries 42 and their areas of jurisdiction established in accordance with article (a). Responsibilities of the Vice President 117. (a) The Vice President shall exercise such responsibilities and powers of the President as are delegated to him by the President. (b) The Vice President shall perform the responsibilities of the President if the President is absent or temporarily unable to perform the responsibilities of office. Salary and allowances 118. The President and Vice President shall be paid such salary and allowances as determined by the People’s Majlis. Restrictions 119. (a) 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. (b) 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. Declaration of assets 120. 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. Resignation 121. (a) 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 45 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. (c) 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. Oath of office by persons temporarily discharging the duties of the office of President and Vice President 126. 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. Criminal accountability 127. 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. Immunity to a person who has served as the President 128. 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. 46 CHAPTER V THE CABINET OF MINISTERS Cabinet of Ministers 129. (a) 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. (b) The Cabinet shall consist of the Vice President, the Ministers given responsibility for the different Ministries, and the Attorney General. (c) Except for the Vice President, the President must receive the approval of the People’s Majlis for all appointments to the Cabinet. (d) 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. Qualifications of Ministers 130. (a) A person shall be qualified to be a member of the Cabinet if he: 1. is a citizen of the Maldives; 2. is not a citizen of a foreign country; 3. is a Muslim and a follower of a Sunni school of Islam; 4. has attained the age of twenty-five years; 5. is of sound mind. 47 (b) 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. Oath of office 131. 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 1 of this Constitution. Responsibilities of the Cabinet 132. 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: (a) to recommend to and assist the President in determining the general policies of the State, and to supervise and implement those policies in all areas of government activity, in accordance with the Constitution and the law; (b) to advise and recommend draft bills and proposals to the President, to be prepared for submission to the People’s Majlis; (c) to direct, review and coordinate the work of the Government; (d) to ensure good relations and smooth functioning 50 Salary and allowances 135. The members of the Cabinet shall be paid such salary and allowances as determined by the People’s Majlis. Restrictions 136. (a) 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. (b) 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. Dismissal 137. (a) The President may at his discretion remove any member of the Cabinet from office by writing under his hand addressed to such member. (b) Despite the provisions of article (a), the President does not have the discretion to remove the Vice President from office. Declaration of assets 138. 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. Resignation 139. 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 minister to be responsible for each government authority 140. 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 51 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. CHAPTER VI THE JUDICIARY Judiciary 141. (a) The judicial power is vested in the Supreme Court, the High Court, and such Trial Courts as established by law. (b) 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. (c) No officials performing public functions, or any other persons, shall interfere with and influence the functions of the courts. (d) 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. 52 Compliance with law 142. 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. Jurisdiction of the courts 143. (a) 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. (b) 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). (c) Every court has jurisdiction to overturn the decision of a lower court. (d) Lower courts shall follow the decisions of a higher court. Powers in constitutional matters 144. When deciding a constitutional matter within its jurisdiction, a court: (a) may declare that any statute, regulation or part thereof, order, decision or action of any person or body performing a public function that is inconsistent with the Constitution is invalid to the extent of the inconsistency; and (b) may in connection with a declaration pursuant to article (b) make any order that is just and equitable, including: 55 Qualifications of Judges 149. (a) 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. (b) In addition to the qualifications specified in article (a), a Judge shall possess the following qualifications:- 1. be a Muslim and a follower of a Sunni school of Islam; 2. 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. (c) 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. (d) The People’s Majlis shall pass a statute relating to Judges. Oath of office of Judges 150. Every Judge shall take and subscribe the oath of office of Judges set out in Schedule 1 of this Constitution before assuming office. 56 Full time performance 151. 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. Salary and allowances 152. Judges shall be paid such salary and allowances in keeping with the stature of their office as determined by the People’s Majlis. Declaration of assets 153. 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. Tenure and removal 154. (a) A Judge shall not be removed from office during good behavior and compliance with judicial ethics. (b) 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. Power to determine the jurisdiction of courts and to enact administrative laws relating to the courts 155. 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. Administration of the courts 156. The courts have the inherent power to protect and regulate their own process, in accordance with law and the interests of justice. 57 CHAPTER VII INDEPENDENT COMMISSIONS AND OFFICES JUDICIAL SERVICE COMMISSION Judicial Service Commission 157. (a) There shall be a Judicial Service Commission of the Maldives. (b) The Judicial Service Commission is an independent and impartial institution. It shall perform its duties and responsibilities in accordance with the Constitution and any laws enacted by the People’s Majlis. The jurisdiction of the Judicial Service Commission shall extend to all members of the Judiciary and such other persons as designated by the People’s Majlis. (c) The Judicial Service Commission shall function as provided by the statute governing the Judicial Service Commission. Such statute shall specify the responsibilities, powers, mandate, qualifications, and ethical standards of members. Composition of the Judicial Service Commission 158. The Judicial Service Commission shall consist of: (a) the Speaker of the People’s Majlis; (b) a Judge of the Supreme Court other than the Chief Justice, elected by the Judges of the Supreme Court; 60 Resignation from membership of the Judicial Service Commission 162. 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. Quorum and voting 163. 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. Salary and allowances 164. 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. Removal from office 165. 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 appointor. 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. Oath of office 166. 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. 61 ELECTIONS COMMISSION Elections Commission 167. (a) There shall be an Elections Commission of the Maldives. (b) The Elections Commission is an independent and impartial institution. It shall exercise its duties and responsibilities in accordance with the Constitution and laws enacted by the People’s Majlis. (c) The Elections Commission shall function as provided by the statute governing the Elections Commission. Such statute shall specify the responsibilities, powers, mandate, qualifications, and ethical standards of members. Appointment and composition of the Elections Commission 168. (a) The Elections Commission shall comprise of at least five members including the Chairman of the Commission. (b) The President shall appoint to the Elections Commission those persons approved by a majority of the People’s Majlis from the names submitted to the People’s Majlis as provided for in the statute governing the Elections Commission. Qualifications 169. 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. 62 Responsibilities and powers 170. The Elections Commission’s responsibilities and powers include the following: (a) to conduct, manage, supervise, and facilitate all elections and public referendums, to ensure the proper exercise of the right to vote, and to ensure that all elections and public referendums are conducted freely and fairly, without intimidation, aggression, undue influence or corruption; (b) to prepare, maintain, and update electoral rolls, and to make all arrangements for holding elections and public referendums; (c) to hold and declare the results of those elections and public referendums within periods prescribed by law; (d) to compile the register of voters in each constituency, to revise it at such periods as shall be determined by law and to provide for publication of the register in the Government Gazette; (e) to fix, vary, demarcate and continuously review the boundaries and names of constituencies or voting units in all elections in accordance with principles specified by law and to provide for publication of any amendments in the Government Gazette; (f) to register political parties, and to perform those actions relating to political parties as specified by law; (g) to educate and create awareness among the general public on the electoral process and its purpose; 65 CIVIL SERVICE COMMISSION Civil Service Commission 179. (a) There shall be a Civil Service Commission of the Maldives. (b) The Civil Service Commission is an independent and impartial institution. It shall perform its duties and responsibilities in accordance with the Constitution and any laws enacted by the People’s Majlis. The Civil Service Commission shall strive to achieve and maintain an effective and efficient civil service with high standards of professional ethics. (c) The Civil Service Commission shall function as provided by the statute governing the Civil Service Commission. Such statute shall specify the responsibilities, powers, mandate, qualifications, and ethical standards of members. Appointment and composition of the Civil Service Commission 180. (a) The Civil Service Commission shall comprise of at least five members including the Chairman of the Commission. (b) The President shall appoint to the Civil Service Commission those persons approved by a majority of the members of the People’s Majlis present and voting, from the names submitted to the People’s Majlis as provided for in the statute governing the Civil Service Commission. Qualifications 181. 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 66 shall not engage in any other employment. Responsibilities and powers 182. (a) The Civil Service Commission’s responsibilities and powers include the following: 1. to recruit, appoint, promote, transfer and dismiss the members of the Civil Service, as defined by law; 2. to establish uniform standards of organization and administration within the Civil Service; 3. to formulate measures to ensure effective and efficient performance within the Civil Service; 4. to establish personnel procedures relating to recruitment, appointments, transfers, promotions and dismissals; 5. to report to the Executive and to the People’s Majlis on its activities and the performance of its functions, including personnel policies, findings, directions and advice it may give, and an evaluation of the extent to which the values and principles set out in article (b) are complied with; 6. to exercise or perform such additional powers and responsibilities prescribed by law. (b) In carrying out its powers and functions, the Civil Service Commission shall be governed by democratic values and principles, including the 67 following: 1. a high standard of professional ethics shall be promoted and maintained; 2. efficient, economic and effective use of resources shall be promoted; 3. services shall be provided impartially, fairly, equitably and without prejudice; 4. the needs of the public shall be responded to, and the public shall be encouraged to participate in policy-making; 5. the accountability of the Civil Service to all branches of the State and to the public; 6. transparency shall be fostered by providing the public with timely, accessible and accurate information; 7. good human-resource management and career-development practices to maximise human potential shall be cultivated; 8. employment and personnel management practices shall be based on ability, analysis of determined principles and fairness; 9. no member of the Civil Service may be favoured or prejudiced only because of support for or opposition to a particular political party or cause; 70 (b) The President shall appoint to the Human Rights Commission those persons approved by a majority of the members of the People’s Majlis from the names submitted to the People’s Majlis as provided for in the statute governing the Human Rights Commission. Qualifications 191. 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. Responsibilities and powers 192. (a) The Human Rights Commission’s responsibilities and powers shall include the following: 1. to promote respect for human rights; 2. to promote the protection, development and attainment of human rights; 3. to monitor and assess the observance of human rights. (b) The Human Rights Commission shall have the following functions and powers, as regulated by law: 1. to investigate and to report on the observance of human rights; 2. to take steps to secure appropriate redress where human rights have been violated; 71 3. to carry out research, and to educate the public; 4. to exercise such additional powers and functions prescribed by law. Term of office of members of the Human Rights Commission 193. 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. Resignation from membership of the Human Rights Commission 194. 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. Quorum and voting 195. 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. Salary and allowances 196. The members of the Human Rights Commission shall be paid such salary and allowances as determined by the People’s Majlis. Removal from office 197. 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): (a) on the ground of misconduct, incapacity or incompetence; and (b) a finding to that effect by a committee of the People’s Majlis pursuant to article (a), and upon the approval of such finding by the People’s Majlis by a majority of those present and voting, calling for the member’s removal 72 from office, such member shall be deemed removed from office. Oath of office 198. 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. ANTI-CORRUPTION COMMISSION Anti-Corruption Commission 199. (a) There shall be an Anti-Corruption Commission of the Maldives. (b) The Anti-Corruption Commission is an independent and impartial institution. It shall perform its duties and responsibilities in accordance with the Constitution and any laws enacted by the People’s Majlis. The Anti- Corruption Commission shall work to prevent and combat corruption within all activities of the State without fear. (c) The Anti-Corruption Commission shall function as provided for by the statute governing the Anti-Corruption Commission. Such statute shall specify the responsibilities, powers, mandate, qualifications, and ethical standards of members. (d) The statute governing the Anti-Corruption Commission shall provide a definition of corruption. Appointment and composition of the Anti-Corruption Commission 200. (a) The Anti-Corruption Commission shall comprise of at least five members including the Chairman of the Commission. 75 Oath of office 208. 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 Schedule 1 of this Constitution before assuming office. Auditor General 209. (a) There shall be an independent and impartial Auditor General of the Maldives. (b) The Auditor General shall carry out his responsibilities and duties in accordance with the Constitution and any laws passed by the People’s Majlis. Appointment of Auditor General 210. 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. Qualifications of Auditor General 211. (a) To be qualified for appointment as Auditor General, a person shall possess the educational qualifications, experience and recognized competence necessary to discharge the responsibilities of the Auditor General. The Auditor General shall not engage in any other employment. (b) A statute shall specify the responsibilities, powers, mandate, qualifications, and ethical standards of the Auditor General. Responsibilities and powers 212. The Auditor General’s responsibilities and powers include the following:- AUDITOR GENERAL 76 (a) audit, the accounts, financial statements and financial management and prepare and publish reports on: 1. all Government ministries; 2. departments operating under Government ministries; 3. other government agencies and offices; 4. all offices and organisations operating under the legislative authority; 5. Independent Commissions and Independent Offices established in accordance with the Constitution and law, and all offices operating under the same; 6. all offices and organisations operating under the judicial authority; (b) in addition to the institutions specified in article (a) any other institution or organisation required by law to be audited by the Auditor General. (c) Subject to law, the Auditor General may audit, report on and publish the accounts, financial statements and financial management of: 1. any institution primarily funded by the State; 2. any business entity, in which shares are owned by the State. 77 Reporting 213. 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. Audit of the Auditor General’s office 214. The office of the Auditor General shall be audited as specified in law. Term of office of the Auditor General 215. 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. Resignation of Auditor General 216. 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. Salary and allowances 217. The Auditor General shall be paid such salary and allowances as determined by the People’s Majlis. Removal from office 218. The Auditor General shall be removed from office only for the reasons specified in article (a) and in the manner specified in article (b): (a) on the ground of misconduct, incapacity or incompetence; and (b) a finding to that effect by a committee of the People’s Majlis, pursuant to article (a) and upon the approval of such finding by the People’s Majlis by a majority of those present and voting, calling for the Auditor General’s removal from office, the Auditor General shall be deemed removed from office. Oath of office 219. The Auditor General shall take and subscribe the oath 80 (i) to appeal any judgment, verdict or decision in a criminal matter; (j) to issue policy directives which shall be observed in the entire prosecutorial process; (k) to uphold the constitutional order, the law, and the rights and freedoms of all citizens. Acting through agents 224. 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. Term of office of the Prosecutor General 225. 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. Resignation of Prosecutor General 226. 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. Salary and allowances 227. The Prosecutor General shall be paid such salary and allowances as determined by the People’s Majlis. Removal from office 228. The Prosecutor General shall be removed from office only for the reasons specified in article (a) and in the manner specified in article (b): (a) on the ground of misconduct, incapacity or incompetence; and 81 (b) a finding to that effect by a committee of the People’s Majlis, pursuant to article (a) and upon the approval of such finding by the People’s Majlis by a majority of those present and voting, calling for the Prosecutor General’s removal from office, the Prosecutor General shall be deemed removed from office. Oath of office 229. The Prosecutor General shall take and subscribe the oath of office of the Prosecutor General set out in Schedule 1 of this Constitution before assuming office. CHAPTER VIII DECENTRALISED ADMINISTRATION Decentralised administration 230. (a) The administrative divisions of the Maldives shall be administered decentrally. (b) 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. (c) The jurisdiction and characteristics of constituencies, posts and councils created to provide for decentralised administration shall be specified in law. 82 Election of Councils 231. (a) All members of councils created for decentralised administration shall be democratically elected by secret ballot by their respective communities. (b) 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. (c) The term of councils elected to administer the constituencies shall not exceed three years. (d) The People’s Majlis shall enact a statute governing the election of members of councils created for decentralised administration. (e) The elections of councils created for decentralised administration shall be conducted by the Elections Commission. Responsibilities 232. The responsibilities of councils elected to provide for decentralised administration shall include: (a) to provide democratic and accountable governance; (b) to foster the social and economic well-being and development of the community; (c) to establish a safe, healthy and ecologically diverse environment; (d) to achieve such other objects as prescribed by law.