Maldives is a small tropical archipelago nation located in South Asia out in the Indian Ocean, and although the islands themselves are small they do stretch over a fairly wide area of ocean, it includes a chain of 26 atolls that stretch from Ivahandhippolhu Atoll in the North to Addu Atoll in the South, over the Equator. Maldives is one of the most geographically dispersed sovereign states in the world.
Nearby countries include Sri Lanka, India, and Seychelles. The British Indian Ocean Territory is also nearby. Many of the islands lie within the Laccadive Sea. The capital city Male is located on the Southern edge of North Male Atoll and is one of the most densely populated cities in the world, also referred to as the King’s Island as ancient royal dynasties ruled from it as their central location.
Early settlers to the Maldives are believed to be Gujaratis who had reached and settled Sri Lanka by around 500 BC. Methods of boat-building and silver punch-marked coins give evidence of cultural influence from North India. A book written in the 17th Century in Arabic called On the Ancient Ruins of Meedhoo by Allama Ahmed Shihabuddine of Meedhoo in Addu Atoll says that the first settlers of the Maldives were peoples called Dheyvis.
Maldives ancient history is told by copper plates, as well as ancient scripts found carved on coral artifacts, and also traditions, languages, and the different ethnicities of the Maldives today.
The Dheyvis came from Kalibanga in India. Shihabuddine’s story compares quite well with the recorded history of South Asia and the copperplate document of the Maldives called the Loamaafaanu. The Maapanansa copper plates recorded the history of the first Kings of the Maldives from the Solar Dynasty, but unfortunately these copper plates were lost.
Studies of oral, linguistic, and cultural traditions in the Maldives have helped to confirm that the first settlers of the atolls were people from the Southern shores of the neighboring Indian subcontinent, which include the Giraavaru people, who are mentioned in ancient legend and folklore on establishment of the capital Male and of the rule of Kings.
Layers of Dravidian and North Indian cultures survives in the Maldives, including influence of Elu in the language. The Sinhalese, Malabar, Pandya, and Tamils also settled the islands.
There was a Buddhist period that lasted for at least 1,400 years, and was a time when the culture of the Maldives was influenced and developed. During the Buddhist Kingdom the language, early scripts, architecture, ruling institutions, customs, and manners developed. Buddhism is believed to have spread to the Maldives during the expansion of the Maurya Dynasty under Emperor Ahsoka and became its dominant religion until the 12th Century AD.
Next came the Islamist Period from the 12th Century onwards, with Arab traders a possible explanation for why the last Buddhist King of the Maldives, Dhovemi, converted to Islam in 1153 or 1193, he adopted the title Sultan Muhammad al-Adil, and begun the first of what would be six Islamic dysnasties that would last until 1932.
Tradition credits the Somali Muslim scholar and traveler Abu al-Barakat Yusuf al-Barbari, also called Aw Barkhadle, for the conversion, although it cannot be fully proven.
Eventually the Europeans, as ever they do, would find the Maldives, first being the Portuguese in 1558 who established a small garrison with an overseer of a trading post there, who administered it from the Portuguese colony of Goa. The Portuguese soon attempted to impose Christianity on the peoples which led to a revolt that drove the Portuguese from the islands after 15-years. This event today is seen as a National Holiday.
Over in Ceylon (Sri Lanka) in the mid-17th Century, the Dutch had taken over dominance from the Portuguese and also established hegemony over affairs of the Maldives, but did not involve themselves directly in local matters, which remained governed by centuries-old Islamic customs.
In 1796 the British expelled the Dutch from Ceylon and also included the Maldives as a British Protectorate, this was officially recorded in 1887 in an agreement which the Sultan accepted British influence over the Maldives external relations and defense while being allowed to retain a degree of home rule, regulated by Muslim traditional institutions, in exchange for an annual tribute to the British Governor of Ceylon.
The British eventually established a Chief Minister who took most of the Sultan’s powers. Britain attempted to influence the development of a Constitutional Monarchy, with the first Constitution being proclaimed in 1932. The new arrangements did not favour either the Sultan or Chief Minister, but instead some young British-educated reformists. As a result, angry mobs publicly tore up the Constitution.
The Maldives continued to be a British Protectorate until 1953 where the Sultanate was suspended and the first Republic was declared under a short-lived presidency of Muhammad Amin Didi, he had been Prime Minister in the 1940s where he nationalized the fish export industry. During his presidency he reformed education and promoted women’s rights. Conservatives eventually ousted him and his government from power and Didi was beaten to death during a riot over food shortages.
The 1950s largely saw the Maldives politics largely influenced by British military presence. The sultanate was restored in 1954 and in 1956 the British obtained permission to reestablish the wartime RAF Gan airfield in Addu Atoll, bringing hundreds of jobs to the locals. But this was challenged in 1957 by the new Prime Minister Ibrahim Nasir who called a review into the agreement, which led to a local successionist movement in 1959 in the three southernmost atolls which had benefitted economically from the British presence in Gan.
The group eventually cut ties with the Maldives government and formed a short-lived independent state called the United Suvadive Republic under President Abdullah Afif, but it collapsed after a year when Prime Minister Nasir sent over gunboats with government police, causing Afif to go into exile. The British presence was allowed to continue and lasted for three more decades in exchange for aiding Maldives economic development. The British base was then closed in 1976 a part of a larger British withdrawal of forces that were stationed permanently East of Suez.
In the face of the dwindling ability to maintain hold over its colonial possessions in Asia, an agreement was signed in 1965 which formally ended British authority on the defense and external affairs of the Maldives, giving the nation its independence. The Sultanate would last for three more years under Sir Muhammad Fareed Didi. In 1967 the Maldives Parliament voted in favour of abolising the Sultanate and establishing a Republic, which was overwhelmingly adopted via a subsequent referendum in 1968, with a Republic being established eight months after that vote, bringing an end to the over eight centuries old monarchy.
Prime Minister Ibrahim Nasir became the first President of this newly established Republic, but other than the establishment of a presidency, little else really changed as the monarchy had largely been ceremonial in the years since British colonialism, and held relatively little power. From the 1970s the Maldives begun taking advantage of its tropical environment, beaches, seas, and weather by opening up to tourism, which would go on to become a major part of its economy.
But the 1970s would also be a time of hardship for the nation with political infighting between Nasir and opposition figures leading to the 1975 arrest and exile of Prime Minister Ahmed Zaki to a remote atoll. There was also economic decline, triggered in large part by the closure of the British airfield at Gan and also the collapse of the dried fish market which had been an important export. This economic downturn soured support for Nasir’s administration, who decided to flee to Singapore in 1978 having stolen millions from the nation’s treasury.
After this was the three-decade long rule of Maumoon Abdul Gayoom, bringing political stability and economic development with a priority on developing poorer islands, tourism also grew and increasing foreign contact also helped development. But Maumoon was also criticized for acting autocratic, accused of limiting freedoms and of political favourtism to quell dissent against him.
There were also several attempted coups launched by supporters of the exiled Nasir and for business interests with the most significant being in 1988 where Indian forces had to intervene, named Operation Cactus, to restore order and prevent Maumoon’s administration from collapsing.
Since this time the Maldives were devastated by the 2004 Tsunami causing renewed economic issues. Political pressure also grew against Maumoon’s rule as well as that of his ruling party, which successfully pressured for gradual political reforms and a new constitution was adopted in 2008, allowing the first direct presidential elections that same year where Maumoon failed to get re-elected.
There have been periods of political unrest and also corruption in government since but in general democracy has been maintained but there is the possibility that such could be disrupted and so remains fragile. The 2018 election has brought some hope in strengthening the Maldives democracy as well as the jailing of former President Abdulla Yameen for money laundering.
The country’s official language is Dhivehi (also called Maldivian), while English is a recognised language. Sunni Islam is the largest religion in the Maldives and also the official state religion. The official currency is the Maldivian rufiyaa, US Dollars can also be used in Maldivian resort islands. The country’s population is over 553,900.
Government Type
The Maldives is a Presidential Representative Democratic Republic where the President is both Head of State and Head of Government. The legislative government includes the unicameral parliament known as the People’s Majlis. Multiple parties are allowed but the dominant party remains the Maldivian Democratic Party which was the first political party founded in the Maldives when it became a multi-party democracy (but was not the first ever political party in the country).
Although foreigners are able to become citizens within the Maldives in accordance with the law, they must also be Muslim otherwise they are constitutionally barred from becoming a citizen. Islam is the state religion of the Maldives and Islam is the basis of all laws in the Maldives.
The Executive Government
The elected President is the Head of State and Head of Government. Therefore, the President has many duties and responsibilities on them and many powers at their disposal. The President guarantees and is guided by the Constitution and laws. The legislative People’s Majlis supervise the actions of the President within his/her executive capacity, and also the actions of the executive government under the President. The President is also the Commander-in-Chief of the country’s armed forces.
The executive power and authority are vested in the President as provided for in the Constitution and law. The President must promote the unity of the State.
There is also a Vice-President who assists the President in their duties. The Vice-President is elected on the same ticket as the President, whom the President chose as their running mate and which had been publicly declared before the election. If the office of President becomes vacant for whatever reason, then the Vice-President shall act as President until their return or take over the Presidency for the remainder of the term if the vacancy is permanent.
If the Vice-President’s office becomes permanently vacant or the Vice-President has succeeded to the office of President then the President will appoint a new Vice-President which will be approved by the People’s Majlis.
If both offices become vacant at the same time the order of succession is Speaker > Deputy Speaker > and then someone elected by resolution of the People’s Majlis from among themselves, who will remain in place until either the President or Vice-President return or until a permanent replacement is chosen via a new Presidential Election held within 60-days, those elected will serve the remainder of the term.
Powers, Duties, and Responsibilities
The President must faithfully implement the provisions of the Constitution and the law, and promote compliance by Organs of the State and by the people. The President must promote the rule of law and protect the rights and freedoms of all peoples. The President must guarantee independence and the territorial integrity of the country, and also promote respect for national sovereignty in the international community.
The President supervises the efficient and cohesive functioning of all the departments of the Government. The President also formulates the fundamental policies of the State and submits and recommends them to the appropriate agencies and institutions of the Government.
The President appoints, dismisses, and accepts the resignations of the members of the governing Cabinet, and such other officials necessary for the proper functioning of the duties of the President’s office. Note that members of Cabinet appointed and dismissed by the President will only have affect if approved by vote of the People’s Majlis (Parliament). The President also presides over the Cabinet.
The President determines, oversees and conducts the country’s foreign policy, and conducts political relations with foreign nations and international organisations. The President appoints members of diplomatic missions to foreign countries and international organisations in consultation with the People’s Majlis. The President also recalls and removes from office members of such diplomatic missions.
The President receives the credentials of diplomatic and consular representatives of foreign countries and other parties and to accept their letters of recall.
The President can appoint temporary commissions for advice on national issues and to conduct investigations.
The President holds referendums on issues of national importance.
The President when entering into general treaties and agreements with foreign states and international organisations must first get the approval of the People’s Majlis if such treaties/agreements impose obligations on citizens.
The President issues declarations of war and peace, and immediately submits such declarations to the People’s Majlis for approval.
The President has the ability to declare a State of Emergency under the provisions of the Constitution.
The President gives an annual address to the People’s Majlis at the first sitting of the first session of that year. The President gives an address on the state of the country, and may also present proposals for improving the state of the country to the People’s Majlis.
Gives assent to bills passed by the People’s Majlis or considers returning them for a second opinion for possible changes or amendment. You can read more on this in the next section on The Legislative Government.
The President has the power to pardon and reduce sentences as provided for by law, to persons convicted of a criminal offence with further right of appeal.
The President ensures the security services comply with their obligations as provided for by the Constitution.
The President appoints the Chief Justice when there is a vacancy, they are part of the Supreme Court which is the highest court in the Maldives. The President must first consult with the Judicial Service Commission on the appointment and the appointment when chosen must be confirmed by vote of the People’s Majlis.
The President appoints all other judges of the Supreme Court after consulting with the Judicial Service Commission and all those appointed must be confirmed by vote of the People’s Majlis. Judges for other courts, including the High Court, are solely appointed by the Judicial Service Commission without involvement of the President.
State of Emergency
The President can declare a State of Emergency in some or all of the country due to a natural disaster, dangerous epidemic disease, war, threat to national security, or threatened foreign aggression. The State of Emergency cannot exceed 30-days.
For both the State of Emergency and any extensions to it the President must seek the approval of the People’s Majlis who can vote to approve the declaration in whole or part; extend the operation of a declaration for periods that do not exceed 30-days at a time; revoke the declaration (either rejecting a declaration or ending an existing State of Emergency and restoring the status quo).
When a State of Emergency expires or is revoked, all laws promulgated pursuant to the declaration cease to have effect. The Constitution cannot be amended during a State of Emergency.
A State of Emergency will include measures to deal with the emergency, including the possible suspension of certain laws and rights for a temporary period of time. A number of rights cannot be suspended by a State of Emergency under any circumstance, these includes…
- Right to life
- No slavery or forced labour.
- Freedom of expression
- Freedom of the media
- Fair and transparent hearings
- Rights on arrest or detention
- Rights of the accused
- Confessions or illegal evidence
- Assistance of legal counsel
- No degrading treatment or torture
- No imprisonment for non-fulfillment of contractual obligation
- Humane treatment of arrested or detained persons.
- Retrospective legislation
- Prohibition of double jeopardy
- Retention of other rights.
- Non-compliance with unlawful orders
- Any disputes with a State of Emergency are handled by the Supreme Court.
Independent Commissions and Offices
There is a Judicial Service Commission
The Judicial Service Commission includes the Speaker of the People’s Majlis; a judge of the Supreme Court other than the Chief Justice, elected by judges of that court; a Judge of the High Court, elected by the judges of that court; a judge of the Trial Courts, elected by judges of those courts; a member of the People’s Majlis, appointed by its members; a member of the general public, appointed by the People’s Majlis; the Chair of the Civil Service Commission; a person appointed by the President; the Attorney General; and finally, a lawyer elected from among lawyers licensed to practice in the Maldives by themselves.
All members, excluding the Attorney General, Chair of the Civil Service Commission, and the Speaker of the People’s Majlis are fixed to 5-year terms and cannot be reappointed again – the other three members mentioned serve by virtue of their office and so are members of the Judicial Service Commission as long as they exist in their office.
- Appoints, promotes, and transfers Judges other than those of the Chief Justice and Supreme Court.
- Makes recommendations to the President on appointment of the Chief Justice and Judges of the Supreme Court.
- Investigates complaints about the judiciary, takes disciplinary actions, including recommendations for dismissals.
- Makes rules on schemes for recruitment and procedures for appointment of Judges; ethical standards for Judges; and providing for such matters as are necessary and expedient for the exercise, performance and discharge of the duties and responsibilities of the Commission.
- Advises President and/or People’s Majlis on any matter relating to the Judiciary or administration of Justice.
There is an Elections Commission
The Elections Commission is comprised of at least 5-members which includes its Chairman. The President appoints those persons approved by a majority of the People’s Majlis from the names submitted to the People’s Majlis as provided for by the statute governing the Elections Commissions. Members serve 5-year terms and may be renewed by vote of the People’s Majlis for not longer than 5-years. Members can be removed on grounds of misconduct, incapacity, or incompetence, following the investigation of a Committee of the People’s Majlis and a vote on the matter.
- Conducts, manages, supervises, and facilitates all elections and public referendums, ensures proper exercise of the right to vote, ensures all elections and public referendums are conducted freely and fairly, without intimidation, aggression, undue influence or corruption.
- Prepares, maintains, and updates electoral rolls, and makes all arrangements for holding of elections and public referendums.
- Hold and declare the results of elections and public referendums within periods prescribed by law.
- Compiles the register of voters in each constituency, revises it at such periods as determined by law and provide for publication of the register in the Government Gazette.
- Fixes, varies, demarcates, and continuously reviews the boundaries and names of constituencies or voting units in all elections in accordance with principles specified by law and provide for publication of any amendments in the Government Gazette.
- Registers political parties.
- Educates and creates awareness among the general public on the electoral process and its purpose.
- The Elections Commission can be challenged concerning an election or public referendum, challenge results of elections, and contest legality of any other matter related to an election, with an election petition provided to the High Court.
There is a Civil Service Commission
It has at least 5 members and is appointed in the same way as the Elections Commission. Removal of members procedure is also the same.
It has a number of democratic principles and values to follow as it carries out its powers and functions. High standard of professional ethics to be maintained; efficient, economic, and effective use of resources; impartial, fair, and equitable services without prejudice; respond to needs of the public, and encourage public participation in policy-making; be accountable to all branches of the State and public; to be transparent to the public with timely, accessible and accurate information; good HR management and career-development practices to maximize human potential; Employment and personnel management based on ability, analysis of determined principles, and fairness; no member to be favoured or prejudiced due to support for or opposition to particular political party or cause; and no members to use their position or any information entrusted to improperly benefit themselves or anyone else.
- Recruits, appoints, promotes, and transfers and dismisses members of the Civil Service, as defined by law.
- Establishes uniform standards of organisation and administration within the Civil Service.
- Formulates measures to ensure effective and efficient performance within the Civil Service.
- Establishes personnel procedures relating to recruitment, appointments, transfers, promotions, and dismissals.
- Reports to the Executive and the People’s Majlis on its activities and performance of its functions, including personnel policies, findings, directions and advice it may give, and evaluation to the extent of which they comply with laid down principles and values.
There is a Human Rights Commission
It has at least 5-members appointed in the same way as Elections and Civil Service Commissions. Removal of members procedure also the same.
- Promotes respect for human rights
- Promotes the protection, development, and attainment of human rights.
- Monitors and assesses the observance of human rights, investigate and report on such.
- Take steps to secure appropriate redress where human rights have been violated.
- Carry out research, and educate the public.
There is an Anti-Corruption Commission
It includes at least 5-members, they are appointed in the same way as the Elections, Civil Service, and Human Rights Commissions. Removal of members procedure also the same.
- Inquires into and investigates all allegations of corruption.
- Any complaints, information, or suspicion of corruption must be investigated.
- Recommends further inquiries and investigations by other investigatory bodies, recommends prosecution of alleged offenses to the Prosecutor-General, where warranted.
- Carries out research on prevention of corruption and submits recommendations for improvement to relevant authorities regarding actions to take.
- Promotes values of honesty and integrity in operations of the State, and promote public awareness of the dangers of corruption.
The Office of the Auditor-General is an independent one.
The Auditor-General is appointed by the President who shall be the person who received the most votes from the People’s Majlis from a list of names submitted to it. They serve a term of 7-years and by majority vote of the People’s Majlis can serve another term but of no more than 5-years. Same procedure of removal as members of the last four commissions.
The Auditor-General audits, the accounts, financial statements, and financial management and prepares and publishes reports on all Government ministries; departments operating under Government ministries; other Government agencies and offices; all offices and organisations operating under the legislative authority; Independent Commissions and Independent Offices, and all offices operating under them; all offices and organisation operating under the judicial authority.
- Also audits any other institutions or organisations as required by law.
- Subject to law, the Auditor-General may audit, report on and publish the accounts, financial statements and financial management of any institution primarily funded by the State; any business entity, in which shares are owned by the State.
- Audit reports and annual reports are submitted to the President and the People’s Majlis, and to any other authority prescribed by law.
- The Auditor-General’s own office is audited in a different way as specified by a law.
The Office of the Prosecutor-General is an independent office.
They are appointed in the same way as the Auditor-General and the removal procedure is the same. All terms are 5-years.
- Supervises the prosecutions of all criminal offenses in the Maldives.
- Considers and assesses evidence presented by investigating bodies to determine if charges should be pursued.
- Institutes and conducts criminal proceedings against any other person before any court in respect of any alleged offence.
- Oversees legality of preliminary inquiries and investigations into alleged criminal activity.
- Monitors and reviews circumstances and conditions under which any person is arrested, detained, or otherwise deprived of freedom prior to trial.
- Orders any investigation deemed desirable into complaints of criminal activity or any other criminal activity they become aware of.
- Takes over, reviews and continues any criminal proceedings instituted by any prosecuting body authorized to initiate prosecutions pursuant to a law enacted by the People’s Majlis, and to discontinue any criminal proceedings at any stage prior to judgement, at their own discretion.
- Reviews or reverts any decision to prosecute or not to prosecute any alleged offender, or to discontinue any prosecution.
- Appeal any verdict, judgement, or decision in a criminal matter.
- Issues policy directives which should be observed in the entire prosecutorial process.
- Upholds the constitutional order, the law, and the rights and freedoms of citizens.
The Executive
The executive government is headed by the President as Head of Government. The President appoints the Cabinet of Ministers, with approval from the People’s Majlis. The Cabinet is the highest executive decision-making body, consisting of the Vice-President, Ministers responsible for the duties and functions assigned to them as well as the Ministry they are assigned to, and the Attorney General, the government’s top legal advisor. The President has discretion to establish ministries required within Government, and to determine their areas of jurisdiction, which all must be submitted to the People’s Majlis for approval. The President presides over the Cabinet of Ministers.
The Attorney General is a person with a distinguished education and experience in the legal field, who also meets the qualifications of the Cabinet. As legal advisor to the Government the Attorney General has a number of duties and privileges. The Attorney General has the right of audience in all courts in the Maldives, and the state is represented in all courts by the Attorney General or someone appointed by him/her to delegate on his/her behalf, this does not include matters that are solely the responsibility of the Prosecutor-General, but the Attorney General does have the power to issue general directives to the Prosecutor-General on the conduct of criminal proceedings.
The Attorney General has the authority, with leave of the court, to appear as a friend of the court I any civil proceedings to which the Government is not a party, but the Attorney-General has an opinion that the interests of the State or the public interest dictate.
Those appointed to the Cabinet of Ministers must be a citizen of the Maldives and hold no foreign citizenship, must be a Muslim and follower of the Sunni school of Islam, be at least 25-years-old, and be of sound mind. They also cannot have a decreed debt that is not being paid as provided for in the relevant judgement, and they cannot have been convicted of a criminal offence that led to a sentence of more than 12-months, unless a period of 3-years has elapsed since release or they have been pardoned.
The Cabinet recommends to and assists the President in determing the general policies of the State, the Cabinet also supervise and implement these policies in all areas of Government activity. They also advise and recommend draft bills and proposals to the President, to be prepared for submission to the People’s Majlis. The Cabinet must also direct, coordinate and review the work of Government, and will also ensure the good relations and smooth functioning between both the Government and other Organs of the State and the assets of the State in their areas of responsibility. They also promote, protect, and uphold
The annual Budget is organised by the Executive and submitted for approval to the People Majlis by the Minister of Finance. The Budget contains the projected revenues and expenditures of the year, and statement of actual revenues and expenditures for the preceding year. The Budget can be amended by the People’s Majlis as in their discretion deems fit. Any supplementary expenditures added to an approved Budget also require the approval of the People’s Majlis.
The Executive is not allowed to spend any public money or property; cannot levy any taxation; cannot obtain or receive any money or property by loan or otherwise; and cannot provide any sovereign guarantees, unless any of these things are first approved by the People’s Majlis.
Members of Cabinet are individually and collectively responsible to the President and to the People’s Majlis for the proper exercise of responsibilities and duties assigned to them. Members of Cabinet should regularly and fairly report to the President on all matters under their jurisdiction, and provide information to the People’s Majlis about matters under their jurisdiction when told to do so.
The People’s Majlis may require the presence of any member of Cabinet or of the Government. These members can be put under oath to respond to questions asked by members of the People’s Majlis, and they can compel such to produce documents, relating to the due performance of the obligations and responsibilities of such person. All members of the People’s Majlis also have the right to question, either orally or written, the member of the Cabinet or head of a Government office, concerning the performance of their duties.
Presidential Removal and Motion of No Confidence in Cabinet Member
The People’s Majlis is able to remove the President or Vice-President via the adoption of a resolution for such reasons as a direct violation of a tenet of Islam, the Constitution or law; serious misconduct unsuited for the office of President or Vice-President; or the inability to perform the responsibilities of office.
Such a resolution must be supported by at least one-third of the members of the People’s Majlis to introduce it and may only be adopted by at least a two-thirds majority of all members. The President or Vice-President have the right to be notified of the debate on the matter 14-days in advance and have the right to defend themselves within the sittings, both orally or written, and has the right to legal counsel.
The People’s Majlis may also establish a committee to investigate the matters specified within the resolution.
The People’s Majlis may introduce a resolution on confidence in a member of the Cabinet, which must be introduced by at least 10-members, with the reasons specified for why. The Cabinet member in question must be given 14-day advanced warning of the debate, they have the right to defend themselves in the sitting, both orally or written. If a majority of the total membership pass the resolution against the Cabinet member then they are deemed to have lost confidence and will cease to hold office.
The Legislative Government
The legislative government includes the People’s Majlis which is the country’s unicameral legislative chamber, which is made up of 87 elected members representing areas of the nation and the nation as a whole. The largest party makes up the governing party but does not influence who is elected as President, it is entirely possible that the President, who is elected separately, is someone who has opposing views and political ambitions to that of the largest party. But the largest grouping of the Parliament does influence the makeup of the Governing Cabinet as the President’s appointments must be approved by the People’s Majlis.
At least 25% of the members of the People’s Majlis must be present to form a quorum, without that the People’s Majlis is largely limited in its actions, more than half of members must be present to vote on anything that requires the compliance of citizens.
The People’s Majlis makes its own rules of procedure, like pretty much every Parliament, which includes things on administrative arrangements, hiring and firing of employees, employee salaries, management of matters concerning sittings of the People’s Majlis, concerning business of the People’s Majlis, with due regard to representative and participatory democracy, accountability, transparency, and public involvement. Rules of decorum… attendance requirements… and so on.
The number of elected members of the People’s Majlis is determined by a population formula and is not fixed to a specific number due to that. There are two members for the first 5,000 residents registered for each administrative division or two members for divisions with less than 5,000 residents. For each further 5,000 residents in a division an additional member is added.
The main legislative authority and powers of the People’s Majlis covers numerous areas including amendment of the constitution; enactment of any legislation with regard to any matter, or the amendment or repeal of any law, which is not inconsistent with any tenet of Islam; the supervision of the executive authority, ensuring accountability for the executive’s exercise of powers; approvement of annual budgets and any other supplementary budgets; determination of matters that relate to Independent Commissions and Independent Offices in accordance with the law; voting to hold referendums on issues of public importance; and any other duties expressed by the constitution or laws.
The People’s Majlis decides on giving approval to treaties entered into by the Executive government with either foreign states or international organisations.
The People’s Majlis is not allowed to pass any law that contravenes any tenet of Islam. The People’s Majlis are able to accept, reject, revoke, or amend the disposition of any matter submitted to it. The Parliament also decides on accepting or rejecting appointments and dismissals submitted to it.
The President gives assent to bills passed by the Parliament so that they go into law. The President receives a passed bill within 7-days and then decides within 15-days whether to give assent or return the bill for a second opinion, which may come with an amendment suggested by the President. If the bill is passed again without any amendment or changes then the President must assent to it. If a bill is not assented to within the 15-day limit then it will be considered automatically assented too.
The People’s Majlis and all of its committees has the power to summon any person before it to give evidence under oath, or to produce documents. They can also require any institution to report to them. They can also receive petitions, representations, or submissions from interested persons or institutions.
The People’s Majlis has an elected Speaker and Deputy Speaker, they are elected at the first sitting after a General Election, they are elected from among the members of the People’s Majlis via a secret ballot. Until the Speaker is elected the longest consecutively serving member will preside over the People’s Majlis, if there is more than one who both have served the longest equal time, then the most senior in age among them will preside.
The Speaker, and in their absence the Deputy Speaker, presides over sittings of the People’s Majlis. They play an impartial role in regulating rules and procedure and enforcing them, and regulating the agenda of the chamber. The Speaker or person presiding may not vote unless it is to break a tie, or under the circumstance that a majority of at least two-thirds or three-quarters is required.
It is possible for members to introduce a resolution to remove the Speaker or Deputy Speaker, if this happens whoever is being considered for removal cannot preside over a sitting of the People’s Majlis, but they do have the right to defend themselves within any debate on their removal, but of course cannot ultimately vote on the resolution.
The Electoral Government
Presidential elections are held every 5-years. To be elected in the first-round a candidate requires an absolute majority of the popular vote, otherwise a 2nd round is held between the top two candidates which is won via simple majority popular vote. One person cannot serve more than two terms in office, either consecutively or not.
To be eligible for the presidency one must be a Maldivian born citizen born to Maldivian citizen parents; cannot be a citizen of a foreign country; be at least 30-years-old; be a Muslim that follows the Sunni school of Islam; be of sound mind; not have an undischarged decreed debt; not have been convicted of a crime that gave more than 12-months in prison unless 3-years have since passed or they have since been pardoned; cannot have been convicted of an offence for which a hadd is prescribed in Islam or of fraud, deception or criminal breach of trust.
Neither the President or Vice-President may hold any other public office or office of profit; they cannot actively engage in a business or in the practice of any profession, or any other income-generating employment, cannot be employed by any person; they cannot buy or lease property belonging to the State, or have a financial interest in any transaction between the State and any other party.
The President, or any person appointed or employed by them, and the Vice-President, shall not use their position or any information entrusted to them by virtue of their office to improperly benefit themselves or any other person.
Parliamentary Elections for the People’s Majlis are held every 5-years. Administrative divisions are divided up into single-seat constituencies based on an earlier stated population formula. Members are elected via a simple majority vote under the First-past-the-Post System.
The term of the People’s Majlis can be extended in the event of a declaration of a State of Emergency, where a General Election becomes difficult to hold. Under this circumstance the members of the Parliament may extend their term by adopting a resolution for a period not exceeding 1-year and must be supported by at least two-thirds of all the members. When a State of Emergency either expires or is revoked during an extended term, then the People’s Majlis cannot continue on for longer than 60-days and a new election must be organised within that time.
To become a member of the People’s Majlis one must be a citizen of the Maldives who is at least 18-years-old, is not also a citizen of a foreign country, must also be a Muslim who follows a Sunni school of Islam, and must be of sound mind. Anyone who gains citizenship in the Maldives must wait 5-years after acquiring citizenship and be domiciled in the Maldives to run for election to the People’s Majlis.
Members can be disqualified for having a decreed debt that is not being paid for as provided for in a judgement; convicted of a criminal offense and is serving more than 12-months, unless a period of 3-years has elapsed since released or the individual was pardoned. Those who run cannot be a member of the judiciary.
Members can also not concurrently be a member of Cabinet; cannot hold a State office of State Minister, Deputy Minister, or other equivalent level State office; cannot be on an Independent Commission or hold an Independent Office; cannot be a part of the Civil Service; cannot be a part of a corporation wholly or partly owned or managed by the Government; cannot be a part of the Armed Forces; and cannot be part of the Police. They can also not hold any other office of State except an office held by virtue of being a member of the People’s Majlis.
When members of the People’s Majlis vacate their seat, die, or are removed during the term, a by-election is held in their constituency within 60-days, unless it is 6-months before a Parliamentary Election, whereby the seat will go up for election then along with all others.
To vote in elections or referendums one must be a citizen of the Maldives who is at least 18-years-old. Voting is not mandatory.
Source
The source for this comes from the Maldives Constitution of 2008 from constituteproject.org. It is to be noted that the Constitution has been amended in 2015, 2018, and 2020 but that only the amendment in 2018 is relevant to this post (age limit of 65 scrapped for presidency and those as young as 30 can run for the Presidency down from age of 35) which were included in this post. This post should be as up to date as possible, but as always, I may have missed things, misinterpreted things, and the Constitution may one day be amended again and this post may then become outdated. It is suggested to cross-research if using this seriously.
The Constitution can be amended by a Bill that is passed by at least three-quarters of all the members of the People’s Majlis, it then requires assent from the President to be officially adopted. Amendments that affect or change rights and freedoms, the term of the People’s Majlis, or the presidential term or office or presidential elections must face a binding Public Referendum before adoption.
The President may also choose to veto the Amendment and return it to the People’s Majlis for another consideration, if this happens then the People’s Majlis can only turn to the holding of a binding Public Referendum to reject or adopt the vetoed amendment.
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Next up will be the government system of Mali.