Main Constitutional amendments President Gayoom intends to propose
Thursday, 10 June 2004
MALE, June 10 -- Following is a list of the main Constitutional amendments President Maumoon Abdul Gayoom intends to propose, the President’s Office said in a press release:
1. THE PRESIDENT:
1.1 To change the manner in which a President is elected as follows:
EITHER:
(a) To elect a President directly by the people without any role of the People’s
Majlis (parliament) in the election
OR:
(b) To put to a public vote more than one candidate chosen by the People’s
Majlis
1.2 To divest the President of any role in the judiciary
1.3 To provide for gender equality in contesting for the office of President
1.4 To stipulate a limit on the number of terms any one person can hold the
office of the Presidency (e.g. two terms of five years)
2. THE PRIME MINISTER:
2.1 To create the office of Prime Minister and to enumerate the functions of
the President and the Prime Minister separately
2.2 To stipulate a set tenure for a Prime Minister and to provide that the President
will appoint and dismiss a Prime Minister on the advice of the People’s
Majlis
3. THE LEGISLATURE:
3.1 To abolish the category of appointed members in the People’s Majlis
3.2 To provide that the Speaker and the Deputy Speaker of the Majlis shall be
elected by the Majlis amongst its members
3.3 To increase the number of members returned to the Majlis in order to represent
each constituency in a suitably proportional manner
4. FUNDAMENTAL RIGHTS
4.1 To provide for the right to form and carry out the activities of political
parties in accordance with the law
4.2 To stipulate that there should be a National Human Rights Commission, to
provide for the manner in which members of the Commission are to be appointed,
and to enumerate the powers of the Commission.
5. THE JUDICIARY:
5.1 To stipulate that the power of administering justice is vested in the Chief
Justice and the courts.
5.2 To stipulate that the President shall appoint and dismiss the Chief Justice
on the advice of the People's Majlis.
5.3 To provide that there shall be a Supreme Court in the Maldives, and to stipulate
the manner in which the Court shall be constituted and to identify its jurisdiction.
5.4 To stipulate that the President shall appoint and dismiss the Justices of
the Supreme Court on the advice of the People's Majlis.
5.5 To provide that there shall be a Supreme Judicial Council and to stipulate
the powers of the Council and the manner in which its members shall be appointed
and dismissed.
5.6 The Justices of the High Court and the judges of the courts shall be appointed
and dismissed by the Chief Justice on the advice of the Supreme Judicial Council.
5.7 To stipulate that justices and judges shall determine cases before them
in accordance with Islamic Sharia and the laws of the Maldives and further that
no one should seek to influence the independence of judges and justices.
6. THE AUDITOR GENERAL AND THE COMMISSIONER OF ELECTIONS:
6.1 To provide that the Auditor-General and the Commissioner of Elections shall
be appointed and dismissed by the President on the advice of the People's Majlis.
7. AMENDING THE CONSTITUTION:
7.1 To facilitate a mechanism of revising the Constitution that is both simple
and that requires a direct endorsement of the public.
(a) One option may be to provide that amending the Constitution will require
the majority support of a joint session of a bicameral legislature, followed
by endorsement in a public referendum prior to ratification by the President.
(b) Another option may be for the Constitution to be amended when such amendments
are passed by a two-thirds majority and are endorsed in a public referendum
prior to ratification by the President.