Decision on the Constitutional Matter Submitted by the Attorney General’s Office

 

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Supreme Court Judgment Number:  2017/SC-C/11

Decision on the Constitutional Matter Submitted by the Attorney General’s Office

The reasons being stated thus, and when it is evident from Articles 5, 6, 7 and 8 of the Constitution that the Republic of Maldives is a country wherein the three powers of the state videlicet the Executive, the Legislature and the Judiciary, have their jurisdictions and spheres of influence demarcated whereby none may exert influence over the other or interfere with the powers and responsibilities of the other, and when it is evident that within the constitutional system of the Maldives the principle of “check and balances” in which the powers of the state, within the boundaries of the Constitution and the laws, have some measure of influence over the other, apply to the “presidential system”,

Whereas, in implementing the procedure in Article 101 of the Constitution of the Maldives which allows for a member of the Cabinet to be removed from office by a motion of no-confidence passed by a majority of the total membership of the People’s Majlis, and the procedures in Article 100, Article 154 (b), Article 177, Article 187, Article 197, Article 207, Article 218 and Article 228 which allow for those specified therein to be removed from office with a motion passed either by a special majority of the total membership of the People’s Majlis or by a majority of those present and voting or by a special majority of those present and voting, the People’s Majlis is required to follow the rules of impeachment in accordance with the principles governing the aforementioned “due process” whereby the powers, responsibilities and discretions of the Executive and the Judiciary are not obstructed, in that the three powers of the state in executing their duties and responsibilities are guaranteed autonomy, free from influence   and interference with their respective jurisdictions and intrusion into constitutional boundaries, and that from today, 22 May 2017, the validity of every decision taken by the People’s Majlis under the aforementioned Articles of the Constitution shall be decided by the Supreme Court of the Maldives as the custodian of the Constitution and the laws of the Maldives and that henceforth, under every circumstance, and for any purpose, the judgments proclaimed herein shall be enforced within the territory of the Republic of Maldives and pertaining to Article 144 and Article 145 (c) of the Constitution and as the custodian of the Constitution and the laws of the Maldives, it is thus decreed to the People’s Majlis, the institutions and authorities of the state in a unanimous decision and order of the Justices of the Supreme Court of the Maldives.