Judiciary in The Maldives - Constitutional Period (1932-present)

Constitutional Period (1932-present)

The beginning of the constitutional period in the Maldives marked the beginning of a significant era. The first constitution of the Maldives was officially declared in 1932. That constitution divided the powers of the State among four different bodies, which were the King, the Cabinet of Ministers, the Legislature, and the Peoples’ Majlis. Notably, the judiciary is not included as an independent organ of the state. Article 80 of this constitution says that “the officials responsible for administering justice are independent as long as they do not, in the process, violate the law.’’ However, another provision has somewhat a contradictory tone. “The King will not meddle with the judicial operations of the state. However, the administration of justice shall be done in the name of the King and, in accordance with his decrees.”

This was a codification of the system which had been in practice for many centuries. The judicial system of the Maldives had already been a specialized institution, which was under the direct control and supervision of the King. The first constitution brought no changes to the system whatsoever. Yet, the judiciary was under the direct control of the King and, hence, no other organ in the state had any power, or a formal capability, to influence the judiciary. Therefore, it may be said that the judiciary was independent from other organs of the state.

Amendments were brought to the first constitution in later years, until a new constitution was finally declared in 1942. Neither any amendment to the first constitution nor the new constitution declared in 1942 made any changes to the provisions of the first constitution regarding the judicial system of the state.

Amendments were brought to the Constitution of 1942 until it was replaced with a new one in 1953. This Constitution was also in the same position as the previous ones as regards the dividing of the powers of the state. However, unlike the previous constitutions, it gave a more detailed attention to the institution of the judge and other officials under the judge. It provided that there should be a ‘fandiyaaruge’ (a Court) in the Maldives and that the officials of this institution would consist the ‘Uththama fandiyaaru’ (Supreme Judge) and a certain number of Naa’ibs.

The first amendment to the Constitution of 1953 was made in 1954. The latter also gave the same provision on the judicial system. It did not give the judiciary the status of a separate organ, and provided that the King was the highest authority in the administration of justice. This constitution provided that the judge was to be responsible for administering justice in the name of the King and also to uphold the banners of Islam in the country.

No changes were brought to the structure of the judicial system until a new constitution was again declared in 1968. This constitution divided the powers of the state into three organs, namely, the President, the Cabinet of Ministers, and the Peoples’ Majilis. Here again the judiciary was not considered as a separate organ of the state. There was a separate chapter which included provisions regarding the judiciary. The first article in this chapter provided that the administration of justice would be in the hands of special officials appointed by the President. The responsibility of upholding the banners of Islam, imposed by the previous constitutions was lifted from the judiciary by this constitution. That may be a step towards a higher level of specialization of the judicial system. The amendments brought to the Constitution of 1968 did not bring any changes to the pattern of the judiciary.

It is the new Constitution of 1998 which established the judiciary as a separate organ of the state of the Maldives for the first time. This is obviously a major change to the structure of the judicial system of the country. This constitution provided that there shall be a High Court in the Maldives and that the High Court would consist of a Chief Judge and a number of judges appointed by the President. It also provides that there shall be courts of law in the Maldives, the number of which would be decided by the President at his discretion, and that there shall be judges in these courts appointed by the President. This Constitution also gives the President the highest authority in the administration of justice. Based on this provision the judiciary is still under the control of the Head of the State. Therefore, judiciary is not an independent organ of the state in the Maldives. Rather, it is a specialized organ of the state, which deals only with the administration of justice.