Constitution of the Maldives
Encyclopedia
The Constitution of the Maldives is the supreme law
of the country of Maldives
. It provides the legal foundation for the existence of the Republic of Maldives, sets out the rights and duties of the citizens of Maldives, and defines the structure of the Government of the Maldives. The current Constitution of Maldives was ratified by President
Maumoon Abdul Gayyoom on 07 August 2008, , and came into effect immediately, replacing and repealing the Constitution of 1998.
The current constitution is known by its short title
, Constitution of the Republic of Maldives, 2008.
. This constitution was largely based on customs, conventions and other traditional administrative practices that had been followed for many centuries. This constitution was written on the advice on the then acting Governor of Ceylon, Bernard H. Bourdill in 1930.
Soon afterwards in 1934, a second constitution was written and brought into effect. In that same year, Sultan Muhammad Shamsuddeen III
was deposed for violating his own constitution.
Under the rule of Sultan Hassan Nooraddeen II, a third constitution was written and brought into effect. on 30th January 1940, the constitutional system was deemed unnecessary and was abolished; only to be reinitiated in 1942. (5th constitution) After another constitution change in 1951, the Maldives was declared a republic in 1954.
Under the rule of President
Mohamed Ameen Didi, a new constitution (7th) was brought into effect. This constitution lasted only 8 months, when the republic was abolished and the country went back to a sultanate, under the rule of Sultan Muhammad Fareed Didi
. This change introduced yet another constitution brought to effect on 7th March 1954. This was followed by a 9th constitution in 1964 and another in 1967.
Ibrahim Nasir
ratified a new constitution on 11 November 1968. This constitution was amended thrice, in 1970, 1972 and 1975 respectively.
Under the rule of president
Maumoon Abdul Gayyoom, a 12th constitution was introduced in 1998. The government proclaimed that this change was brought to encourage the people of the country to live in friendship, amity and co-operation, and to encourage good deeds and respect among one another and being just, and to live in equality and fraternity.
In June 2008, an assembly, called the "Special Majlis
", competed a new constitution. It was ratified by the president on 7 August 2008. This constitution was written over a period of 4 years, started in 2003 when President Gayyoom promised a new 'modern, multi-party and democratic system' in the country following the 2003 Maldives civil unrest
and others that followed.
This new constitution includes a judiciary run by an independent commission, and independent commissions to oversee elections and fight corruption. It also reduces the executive powers vested under the president and strengthens the parliament. Among other changes, it states that "a non-Muslim may not become a citizen of the Maldives" and therefore it removed citizenship from around 3,000 Maldivians (0.85% of the population).
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
of the country of Maldives
Maldives
The Maldives , , officially Republic of Maldives , also referred to as the Maldive Islands, is an island nation in the Indian Ocean formed by a double chain of twenty-six atolls oriented north-south off India's Lakshadweep islands, between Minicoy Island and...
. It provides the legal foundation for the existence of the Republic of Maldives, sets out the rights and duties of the citizens of Maldives, and defines the structure of the Government of the Maldives. The current Constitution of Maldives was ratified by President
President of the Maldives
The President of the Maldives is the Head of State and Head of Government and first citizen of the Republic of Maldives and the Supreme Commander of the Maldivian armed forces.The current President of the Republic of Maldives is Mohamed Nasheed....
Maumoon Abdul Gayyoom on 07 August 2008, , and came into effect immediately, replacing and repealing the Constitution of 1998.
The current constitution is known by its short title
Short title
The short title is the formal name by which a piece of primary legislation may by law be cited in the United Kingdom and other Westminster-influenced jurisdictions , as well as the United States. It contrasts with the long title which, while usually being more fully descriptive of the...
, Constitution of the Republic of Maldives, 2008.
Sultanate and First Republic
The first written constitution of the Maldives was brought to effect in 1932 ,by Sultan Muhammad Shamsuddeen IIIMuhammad Shamsuddeen III
Sultan Muhammad Shamsuddeen Iskander III, CMG, son of Ibrahim Nooraddeen and Kakaage Don Goma, was the Sultan of the Maldives first from May 7, 1893 and then again from 1902....
. This constitution was largely based on customs, conventions and other traditional administrative practices that had been followed for many centuries. This constitution was written on the advice on the then acting Governor of Ceylon, Bernard H. Bourdill in 1930.
Soon afterwards in 1934, a second constitution was written and brought into effect. In that same year, Sultan Muhammad Shamsuddeen III
Muhammad Shamsuddeen III
Sultan Muhammad Shamsuddeen Iskander III, CMG, son of Ibrahim Nooraddeen and Kakaage Don Goma, was the Sultan of the Maldives first from May 7, 1893 and then again from 1902....
was deposed for violating his own constitution.
Under the rule of Sultan Hassan Nooraddeen II, a third constitution was written and brought into effect. on 30th January 1940, the constitutional system was deemed unnecessary and was abolished; only to be reinitiated in 1942. (5th constitution) After another constitution change in 1951, the Maldives was declared a republic in 1954.
Under the rule of President
President of the Maldives
The President of the Maldives is the Head of State and Head of Government and first citizen of the Republic of Maldives and the Supreme Commander of the Maldivian armed forces.The current President of the Republic of Maldives is Mohamed Nasheed....
Mohamed Ameen Didi, a new constitution (7th) was brought into effect. This constitution lasted only 8 months, when the republic was abolished and the country went back to a sultanate, under the rule of Sultan Muhammad Fareed Didi
Muhammad Fareed Didi
King Muhammad Fareed Didi , the son of the Sultan Prince Abdul Majeed Didi . Muhammed Fareed Didi was the last Sultan of Maldives and the first Maldivian Monarch to assume the title of "King" with the style of "Your Majesty". He was the Sultan of Maldives from March 7, 1954 until November 11, 1968...
. This change introduced yet another constitution brought to effect on 7th March 1954. This was followed by a 9th constitution in 1964 and another in 1967.
Second Republic
After the second republic was declared, new presidentPresident of the Maldives
The President of the Maldives is the Head of State and Head of Government and first citizen of the Republic of Maldives and the Supreme Commander of the Maldivian armed forces.The current President of the Republic of Maldives is Mohamed Nasheed....
Ibrahim Nasir
Ibrahim Nasir
Ibrahim Nasir Rannabandeyri Kilegefan , KCMG, NGIV was a Maldivian politician who served as Prime Minister of the Maldives under Sultan Muhammad Fareed Didi from 1957 to 1968 and succeeded him to become the first President of the Second Republic from...
ratified a new constitution on 11 November 1968. This constitution was amended thrice, in 1970, 1972 and 1975 respectively.
Under the rule of president
President of the Maldives
The President of the Maldives is the Head of State and Head of Government and first citizen of the Republic of Maldives and the Supreme Commander of the Maldivian armed forces.The current President of the Republic of Maldives is Mohamed Nasheed....
Maumoon Abdul Gayyoom, a 12th constitution was introduced in 1998. The government proclaimed that this change was brought to encourage the people of the country to live in friendship, amity and co-operation, and to encourage good deeds and respect among one another and being just, and to live in equality and fraternity.
In June 2008, an assembly, called the "Special Majlis
Majlis
' , is an Arabic term meaning "a place of sitting", used in the context of "council", to describe various types of special gatherings among common interest groups be it administrative, social or religious in countries with linguistic or cultural connections to Islamic countries...
", competed a new constitution. It was ratified by the president on 7 August 2008. This constitution was written over a period of 4 years, started in 2003 when President Gayyoom promised a new 'modern, multi-party and democratic system' in the country following the 2003 Maldives civil unrest
2003 Maldives civil unrest
On Saturday September 20, 2003 civil unrest broke out in Malé, the capital city of the Maldives. This unrest was provoked by the death of Hassan Evan Naseem at Maafushi Prison - located on a separate inhabited island - and the subsequent shooting at the same prison, that killed 3 and injured 17...
and others that followed.
This new constitution includes a judiciary run by an independent commission, and independent commissions to oversee elections and fight corruption. It also reduces the executive powers vested under the president and strengthens the parliament. Among other changes, it states that "a non-Muslim may not become a citizen of the Maldives" and therefore it removed citizenship from around 3,000 Maldivians (0.85% of the population).
Features
The constitution consists of a preamble, fourteen chapters followed by three schedules. Each chapter and schedule focus on a specific topic. The following is a list of chapters and schedules and the focus of each.Chapters
- Chapter 1 - State, Sovereignty and Citizens
- Chapter 2 - Fundamental Rights and Freedoms
- Chapter 3 - The People's Majlis
- Chapter 4 - The President
- Chapter 5 - The Cabinet of Ministries
- Chapter 6 - The Judiciary
- Chapter 7 - Independent Commissions and Offices
- Chapter 8 - Decentralized Administration
- Chapter 9 - Security Services
- Chapter 10 - Properties, Liabilities and Legal Actions of the State
- Chapter 11 - State of Emergency
- Chapter 12 - Amendment of the Constitution
- Chapter 13 - Application and Construction of the Constitution
- Chapter 14 - Transitional Matters
Schedules
- Schedule 1 - Oaths of Office
- Schedule 2 - Administrative Divisions
- Schedule 3 - National Flag
Previous Constitutions
| No. | Constitution | Date ratified | Date abolished | Ruler | Amendments | Notes |
|---|---|---|---|---|---|---|
| 1 | Constitution of the Maldives, 1932 | 22-03-1932 | 05-07-1934 | Sultan Muhammad Shamsuddeen III Muhammad Shamsuddeen III Sultan Muhammad Shamsuddeen Iskander III, CMG, son of Ibrahim Nooraddeen and Kakaage Don Goma, was the Sultan of the Maldives first from May 7, 1893 and then again from 1902.... |
N/A | First constitution. |
| 2 | Constitution of the Maldives, 1934 | 05-07-1934 | 28-01-1937 | Sultan Muhammad Shamsuddeen III Muhammad Shamsuddeen III Sultan Muhammad Shamsuddeen Iskander III, CMG, son of Ibrahim Nooraddeen and Kakaage Don Goma, was the Sultan of the Maldives first from May 7, 1893 and then again from 1902.... |
16-07-1936 | To meet growing public demands. |
| 3 | Constitution of the Maldives, 1937 | 28-01-1937 | 30-01-1940 | Sultan Hassan Nooraddeen II | - | Amending entire 2nd constitution. |
| 4 | Constitution of the Maldives, 1942 | 23-04-1942 | 31-05-1951 | Sultan Hassan Nooraddeen II | Yes | Reinitiated constitutional system. |
| 5 | Constitution of the Maldives, 1942 | 31-05-1951 | 1953 | Sultan Hassan Nooraddeen II | - | |
| 6 | Constitution of the Republic of Maldives, 1954 | 1953 | 31-01-1954 | President Mohamed Amin Didi Mohamed Amin Didi Al Ameer Mohamed Amin Dhoshimeynaa Kilegefaanu , popularly known as Mohamed Amin Didi was a Maldivian political figure. He served as the first president of the Maldives and as the head of government between January 1, 1953 and August 21, 1953... |
- | |
| 7 | Constitution of the Maldives, 1954 | 07-03-1954 | 14-06-1964 | Sultan Muhammad Fareed Didi Muhammad Fareed Didi King Muhammad Fareed Didi , the son of the Sultan Prince Abdul Majeed Didi . Muhammed Fareed Didi was the last Sultan of Maldives and the first Maldivian Monarch to assume the title of "King" with the style of "Your Majesty". He was the Sultan of Maldives from March 7, 1954 until November 11, 1968... |
- | |
| 8 | Constitution of the Maldives, 1964 | 14-06-1964 | 10-06-1967 | Sultan Muhammad Fareed Didi Muhammad Fareed Didi King Muhammad Fareed Didi , the son of the Sultan Prince Abdul Majeed Didi . Muhammed Fareed Didi was the last Sultan of Maldives and the first Maldivian Monarch to assume the title of "King" with the style of "Your Majesty". He was the Sultan of Maldives from March 7, 1954 until November 11, 1968... |
- | Major amend. |
| 9 | Constitution of the Maldives, 1967 | 10-06-1967 | 11-11-1968 | Sultan Muhammad Fareed Didi Muhammad Fareed Didi King Muhammad Fareed Didi , the son of the Sultan Prince Abdul Majeed Didi . Muhammed Fareed Didi was the last Sultan of Maldives and the first Maldivian Monarch to assume the title of "King" with the style of "Your Majesty". He was the Sultan of Maldives from March 7, 1954 until November 11, 1968... |
- | Major amend. |
| 10 | Constitution of the Republic of Maldives, 1968 | 11-11-1968 | 27-11-1998 | President Ibrahim Nasir Ibrahim Nasir Ibrahim Nasir Rannabandeyri Kilegefan , KCMG, NGIV was a Maldivian politician who served as Prime Minister of the Maldives under Sultan Muhammad Fareed Didi from 1957 to 1968 and succeeded him to become the first President of the Second Republic from... |
23-04-1970 02-02-1972 15-04-1975 |
|
| 11 | Constitution of the Republic of Maldives, 1998 | 27-11-1998 | 07-08-2008 | President Maumoon Abdul Gayyoom | - | |
See also
- Politics of Maldives
- ConstitutionConstitutionA constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
- Constitutional lawConstitutional lawConstitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
- Constitutional economicsConstitutional economicsConstitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...
- ConstitutionalismConstitutionalismConstitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
External links
- English version of Constitution (52 pages)
- New ratified (on 7 August 2008) constitution of Maldives (english translation)
- New ratified (on 7 August 2008) constitution of Maldives (dhivehiDhivehi languageMaldivian is an Indo-Aryan language predominantly spoken by about 350,000 people in the Maldives where it is the national language. It is also the first language of nearly 10,000 people in the island of Minicoy in the Union territory of Lakshadweep, India where the Mahl dialect of the Maldivian...
)