Beruflich Dokumente
Kultur Dokumente
Powers of the 4.—(1) The powers of the State of the Maldives shall
State
be vested in the citizens. The said powers, for purposes
of governing the State, shall comprise the following:
(a) the Executive;
(b) the Legislature; and
(c) the Administration of Justice.
1
Citizens of the 5. Persons mentioned herein below shall be
Maldives
citizens of the Maldives:
(a) every person who is a citizen of the Maldives
at the commencement of this Constitution;
(b) every child born to a citizen of the Maldives;
and
(c) every foreigner who, in accordance with the
law, becomes a citizen of the Maldives.
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failed to report the same shall also be guilty of high
treason.
CHAPTER II
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treatment to the concerned authorities and to the
President of the Republic.
4
Freedom of 21. Every Maldivian citizen shall have the right
movement
to return to the Maldives irrespective of where he may
be and, unless prohibited by law, to leave the Maldives
and to travel within the Maldives.
Right to acquire 22. Every citizen shall have the right to acquire,
and hold
property
hold and dispose of property in accordance with law.
Right to work 24. Every citizen shall have the right to practise
any occupation provided that such occupation is not
prohibited by law.
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Freedom of 25. Every citizen shall have the freedom to
expression
express his conscience and thoughts orally or in writing
or by other means, unless prohibited by law in the
interest of protecting the sovereignty of the Maldives,
of maintaining public order and of protecting the basic
tenets of Islam.
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CHAPTER III
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under Article 34 of this Constitution and shall notify
the same to the Speaker of the People’s Majlis as soon
as expedient and shall make a public announcement
of the same.
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this Article, the process of applying in accordance with
law to become a candidate for the office of President
shall be deemed to have recommenced.
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(c) Any matter not provided for in the Constitution
and the law concerning the election of President, shall
be decided by a two-thirds majority of the People’s
Majlis.
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sent abroad with special privileges on behalf
of the State of the Maldives, Atoll Chiefs,
judges, Auditor-General and Commissioner
of Elections.
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which are not inconsistent with the provisions
of the Constitution and written laws.
12
Resignation of 46. The President may, by writing to the
the President
Speaker of the People’s Majlis specifying the reasons
thereof, resign from the office of President. However,
the President shall continue to hold office until such
time the Speaker of the People’s Majlis submits within
three days, the said letter of resignation to the Majlis
and notifies the President in writing of the acceptance
by the People’s Majlis of the said resignation.
13
subclauses (1)(a), (1)(b), (1)(c) and (1)(d) of this Article,
specifying the reasons thereof, and if the Majlis, upon
such matter being submitted to the Majlis, resolves
by a two-thirds majority to consider such motion.
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removed from office with immediate effect upon
notification of the same to the President by the
Speaker of the Majlis.
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office. In the absence of a Vice-President, a member
of the Cabinet of Ministers nominated by the President
shall discharge the same.
16
(2) In the event that the office of President becomes
vacant by reason of death or resignation or removal
from office of the President, a person shall be elected
to the office of President in accordance with Article
35 of this Constitution not later than sixty days from
the date of such vacancy.
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CHAPTER IV
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Functions of the 58. The Cabinet of Ministers shall discharge the
Cabinet of
Ministers
functions assigned to it by the President. The following
shall be included in the said functions:
(a) to assist the President in formulating
government policy on important national and
international matters and issues;
(b) to advise the President on developing the
Maldives economically and socially;
(c) to assist the President in the formulation of
the annual budget of the State and
Government Bills to be submitted to the
People’s Majlis; and
(d) to advise the President on the ratification of
international treaties and agreements signed
by the Government of the Maldives with
foreign governments which require ratification
by the State.
19
Resignation and 61.—(1) The President may at his discretion
removal of
Ministers and
remove any Minister or the Attorney-General from
the Attorney- office by writing under his hand addressed to such
General Minister or the Attorney-General.
CHAPTER V
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Composition of 64. The People’s Majlis shall consist of fifty
the People’s
Majlis
members of which eight members shall be appointed
by the President, two members elected from Male´ and
two members elected from each Atoll of the Maldives.
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(2) A Speaker shall be appointed to the People’s
Majlis seven days prior to the date on which the first
meeting of the newly elected People’s Majlis is to be
held in accordance with Article 65 of this Constitution
or in the event of any vacancy, within seven days of
such vacancy.
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(2) A Deputy Speaker shall be appointed to the
People’s Majlis seven days prior to the date on which
the first meeting of the newly elected People’s Majlis is
to be held in accordance with Article 65 of this
Constitution or in the event of any vacancy, within
seven days of such vacancy.
23
the sittings convened pursuant to clause (2) of Article
48 of this Constitution, shall be void and any resolution
passed in such sitting shall also be void.
24
(3) No part of the territory of the Maldives shall be
given to a foreign person or party for a military purpose
for any period without the approval of the People’s
Majlis.
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days does not assent to or return for reconsideration
a Bill passed by the People’s Majlis and presented to
him for assent, such Bill shall be deemed to have
received the assent of the President.
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thereof. Such a motion shall be debated in the
People’s Majlis upon submission of such matter to
the Majlis together with a written statement from the
concerned member of the Cabinet, having given such
member of the Cabinet a notice of fourteen days
concerning the said motion. Such member of the
Cabinet of Ministers shall be deemed to be in want of
confidence if the motion expressing want of confidence
in him is passed by a two-thirds majority of the Majlis.
The concerned member of the Cabinet of Ministers
shall have the right to defend himself in the sitting of
the Majlis in which the motion expressing the want
of confidence in him is debated.
27
Vacation of seat 86.—(1) A member of the People’s Majlis may
resign by writing under his hand addressed to the
Speaker of the People’s Majlis. The seat of such
member shall be deemed vacated upon tendering of
the said resignation.
28
Filling of seats 87. Where a seat in the People’s Majlis is vacated
vacated in the
People’s Majlis
prior to the expiration of the duration of the People’s
Majlis, a new member shall, in accordance with law,
be elected to the seat so vacated within sixty days
from the date of such vacancy. Where the seat vacated
is a seat of a member appointed by the President, a
new member shall be appointed to fill such vacancy
within sixty days of such vacancy.
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at its first sitting held after such Special Order. In
the event that the People’s Majlis does not pass a
resolution to approve the said Special Order, such
Order shall cease to have effect upon the expiration
of sixty days from the date of such Order. In the
event that a resolution of the People’s Majlis is passed
disapproving the said Order prior to the expiration of
the said sixty days, such Order shall immediately
cease to have effect.
CHAPTER VI
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from each constituency shall be equal in
number to the members elected to the
People’s Majlis from each constituency; and
(d) eight members appointed by the President.
31
Assumption of 98. The President and the Vice-President of
office by the
President and the
the People’s Special Majlis shall assume office upon
Vice-President of taking, before the President, the oath set out in
the People’s paragraph (h) of the Schedule to this Constitution.
Special Majlis
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this Article shall be assented to by the President if
such Bill after reconsideration is passed by a two-
thirds majority of the People’s Special Majlis. In the
event such Bill is not passed by a two-thirds majority
of the People’s Special Majlis such Bill shall become
void.
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People’s Majlis or where a member becomes
disqualified for membership of the People’s Special
Majlis.
CHAPTER VII
ATOLL CHIEFS
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(c) is a person who has attained thirty years of
age;
(d) is of sound mind;
(e) is a person who in the opinion of the
President has the competence to discharge
the duties and responsibilities of the office
of Atoll Chief;
(f) has not been convicted of an offence during
the past five years for which a hadd is
prescribed in Islam or of criminal breach of
trust; and
(g) is not a citizen of a foreign country.
CHAPTER VIII
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Justice and such number of Judges as may be
determined by the President.
36
Resignation of 116. The Chief Justice or a Judge of the High
the Chief
Justice and
Court may resign from office by writing under his
Judges of the hand addressed to the President. However, the Chief
High Court Justice or such Judge of the High Court shall continue
to hold office until such time that the President notifies
him of the acceptance of the said resignation.
CHAPTER IX
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(f) has not been convicted of an offence for
which a hadd is prescribed in Islam or of
criminal breach of trust or of bribery; and
(g) is not a citizen of a foreign country.
CHAPTER X
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Assumption of 125. The Auditor-General shall assume office
office by the
Auditor-General
upon taking, before the President, the oath set out in
paragraph (k) of the Schedule to this Constitution.
CHAPTER XI
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Assumption of 131. The Commissioner of Elections shall assume
office by the
Commissioner
office upon taking, before the President, the oath set
of Elections out in paragraph (k) of the Schedule to this
Constitution.
40
Removal of the 137. The President may remove the
Commissioner
of Elections
Commissioner of Elections from office if in the opinion
of the President the Commissioner of Elections has
failed to perform satisfactorily the duties of his office.
CHAPTER XII
Land, sea and 139.—(1) All land, sea and the fish therein, and
natural
resources
the seabed within the territory of the Maldives and
naturally occurring resources, including metallic ores,
oil, gas and other things of value thereof shall vest in
the State.
41
Authority for 141. The President shall have the authority, in
transactions
involving property
accordance with law, to give, sell, lease, and mortgage
and assets of the any property or assets of the State, if such transaction
State is needed for the State.
Authority to sue 143. The government shall have the right to sue
on behalf of the
on behalf of the State and to defend any action against
State and to
defend action the State in any court of the Maldives, or in any foreign
against the court or in any such other place.
State
CHAPTER XIII
PROCLAMATION OF EMERGENCY
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Proclamation of Emergency should be extended for a
period exceeding three months, such matter shall be
laid before the People’s Majlis prior to the expiration
of the three months and the Proclamation of
Emergency may be extended, if passed by the People’s
Majlis, for a period determined by the Majlis. Where
the period of Proclamation of Emergency is not
extended as mentioned herein, upon expiration of the
said three months such Proclamation of Emergency
shall lapse.
CHAPTER XIV
GENERAL PROVISIONS
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(2) Where any part of a proposed Bill or existing
law is contrary to the provisions of this Constitution,
such part shall be void.
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Manner of 152. Terms, periods of time and dates in this
ascertaining
period and date
Constitution shall be ascertained in accordance with
the Gregorian Calendar.
CHAPTER XV
COMMENCEMENT OF THIS
CONSTITUTION AND
REPEAL OF THE CONSTITUTION OF
1968
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CHAPTER XVI
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Enemy means any foreign party that commits an act
against the sovereignty or independence of the
Maldives and any Maldivian accomplice in the
commission of such act.
Tax means all taxes and duties except any fee or rent
charged for a service rendered or for work done.
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SCHEDULE
OATHS OF OFFICE
(a)
(b)
48
(c)
(d)
(e)
49
(f)
(g)
(h)
50
(i)
(j)
(k)
51