Maldives

Constitution of the Republic of Maldives (1998, last amended 2008)

Updated: June 2015

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Article 4 states:

All the powers of the State of the Maldives are derived from, and remain with, the citizens.

 

Article 26 states:

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.

 

Article 108 states:

The President shall be elected directly by the people by universal and secret suffrage.

 

Excerpts from the Constitution of the Republic of Maldives (1998, last amended 2008)

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Article 73 states:

(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.

 

Article 100 states:

(a) The People’s Majlis, by a resolution, may remove the President or the Vice President from office only on the grounds of:

(1) direct violation of a tenet of Islam, the Constitution or law;

(2) serious misconduct unsuited to the office of the President or Vice President; or

(3) inability to perform the responsibilities of office of President or Vice President.

 

Article 109 states:

A person elected as President shall have the following qualifications:

(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...

 

Article 122 states:

If the office of Vice President becomes vacant by reason of death, resignation, removal from office, permanent incapacity, or succession to the office of the President, the President shall appoint a new Vice President to serve the remainder of the term. The appointment shall be approved by the People’s Majlis.

 

Article 124 states:

(a) In the event of the absence or temporary incapacity of both the President and the Vice President to carry out the duties of office of the President, the duties shall be carried out, in order of priority, by the Speaker of the People’s Majlis, or by the Deputy Speaker of the People’s Majlis, or by a member of the People’s Majlis elected by a resolution of the People’s Majlis, until the President or Vice President are able to resume the duties of office.

(b) In the event of the permanent incapacity, resignation, removal or death of both the President or the Vice President, and both offices becoming vacant at the same time, leading to an incapacity to carry out the duties of the President, until such time as a President and a Vice President shall be elected, the duties of both offices shall temporarily be carried out, in order of priority, by the Speaker of the People’s Majlis, or by the Deputy Speaker of the People’s Majlis, or by a member of the People’s Majlis elected by a resolution of the People’s Majlis, until successors in office are chosen.

(c) The qualifications of office for any person temporarily assuming the office of the President shall be the same as those for the President.

 

Article 130, subsection (a) states:

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.

 

Article 149, subsection (b) states:

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.

 

Excerpts from the Constitution of the Republic of Maldives (1998, last amended 2008)

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Article 17 states:

(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).

 

Article 20 states:

Every individual is equal before and under the law, and has the right to the equal protection and equal benefit of the law.

 

Excerpts from the Constitution of the Republic of Maldives (1998, last amended 2008)

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Article 73 states:

(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.

 

Article 100 states:

(a) The People’s Majlis, by a resolution, may remove the President or the Vice President from office only on the grounds of:

(1) direct violation of a tenet of Islam, the Constitution or law;

(2) serious misconduct unsuited to the office of the President or Vice President; or

(3) inability to perform the responsibilities of office of President or Vice President.

 

Article 109 states:

A person elected as President shall have the following qualifications:

(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...

 

Article 122 states:

If the office of Vice President becomes vacant by reason of death, resignation, removal from office, permanent incapacity, or succession to the office of the President, the President shall appoint a new Vice President to serve the remainder of the term. The appointment shall be approved by the People’s Majlis.

 

Article 123 states:

(a) In the event the President believes himself temporarily unable to perform the duties and responsibilities of office, he shall inform the Speaker of the People’s Majlis in writing specifying the reasons thereof and shall handover the duties and responsibilities of his office to the Vice President. The President shall resume the responsibilities of his office after informing the Speaker of the People’s Majlis in writing.

(b) In the event the President is temporarily unable to perform the duties and responsibilities of office, and is not able to inform the Speaker of the People’s Majlis in writing due to the nature of the inability, the Vice President shall with the approval of the majority of the Cabinet do so. In the event of such an occurrence, and until such time as the President is able to assume office, the responsibilities of the office of the President shall temporarily be assumed by the Vice President. The President shall resume the responsibilities of his office after informing the Speaker of the People’s Majlis in writing.

 

Article 124 states:

(a) In the event of the absence or temporary incapacity of both the President and the Vice President to carry out the duties of office of the President, the duties shall be carried out, in order of priority, by the Speaker of the People’s Majlis, or by the Deputy Speaker of the People’s Majlis, or by a member of the People’s Majlis elected by a resolution of the People’s Majlis, until the President or Vice President are able to resume the duties of office.

(b) In the event of the permanent incapacity, resignation, removal or death of both the President or the Vice President, and both offices becoming vacant at the same time, leading to an incapacity to carry out the duties of the President, until such time as a President and a Vice President shall be elected, the duties of both offices shall temporarily be carried out, in order of priority, by the Speaker of the People’s Majlis, or by the Deputy Speaker of the People’s Majlis, or by a member of the People’s Majlis elected by a resolution of the People’s Majlis, until successors in office are chosen.

(c) The qualifications of office for any person temporarily assuming the office of the President shall be the same as those for the President.

 

Article 130, subsection (a) states:

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.

 

Article 149, subsection (b) states:

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.

 

Excerpts from the Constitution of the Republic of Maldives (1998, last amended 2008)