In order to establish the first parliament under the August 2007 ratified constitution, parliamentary election shall be held before 15th February 2009, and newly elected parliament shall be convened before 1st March 2009 according to article 296 (a) and 296 (b) respectively.
Article 296 (a) of the constitution “The first election of members to the People’s Majlis to be held under this Constitution shall be held before 15 February 2009.”
Article 296 (b) of the constitution “The People’s Majlis elected in accordance with article (a) shall after taking and subscribing the oath of office and assumption of office, hold the first meeting of the first People’s Majlis elected under this Constitution, before 1 March 2009.
Article 296 (b) is referring to the first meeting of the parliament elected in accordance with article 296 (a), that is before 15th February 2009. So if Parliamentary election is not held before 15th February 2009, first meeting of the newly elected parliament need not be held before 1st March 2009.
Nobody can legally convince me that the new/first parliament elected after 15th February 2009, convened after 1st March 2009 will be illegitimate. Constitution clearly indicates that nothing is illegal unless it is forbidden by constitution or laws. Constitution does not forbid electing the new/first parliament after 15 the February 2008 or 1st March 2009.
According to article 294 (a) of the constitution, current transitional parliament will continue until a new/first parliament is established.
Article 294 (a) of the constitution “The People’s Majlis in existence at the commencement of this Constitution shall continue until such time as the first elections of the People’s Majlis under this Constitution are held, and election of members and assumption of office by the members.”
Maldives will not face a constitutional hollowness even if parliamentary elections are not held before 15th February 2009 or 1st March 2009. Nonetheless, if President cross his constitutional boundaries, a coup is probable.
BUT it is not reasonable to delay the parliamentary election by saying that there is no constitutional hollowness.
According to article 295 (a) of the constitution, one of the four main responsibilities of Parliament at the transitional period is to do all things necessary to facilitate the elections specified in the(transitional) Chapter in the manner provided herein (transitional chapter).
Parliament on 25th December 2008, decided to go to recess, while two vital bills have been tabled for debate. Parliamentary elections bill and Electoral Constituencies bill is required to conduct parliamentary elections before 15th February 2009. Article 295 (a) clearly indicates that its parliament’s responsibility to facilitate necessary laws to conduct the elections specified in the transitional chapter.
The one and only constitutional hollowness we face is that the constitution does not give anyone or any institution any legal right to deal with any possible constitutional hollowness.
Our utmost legal obligation is to defend and respect the constitution. It is parliament’s legal obligation to facilitate the laws to conduct the election. I believe they will fulfill their duty. It is candidate’s legal obligation to campaign now, instead of waiting to bargain for time at the eleventh hour. So better launch the parliament campaign and avoid the political hollowness.
good works...keep up
ReplyDeleteI think you have a legal point there. All candidates must begin their campaigns now. It is very apparant that election Commissioner must hold elections. Its his duty to hold elections or he should quit his job. He has all the rules and dates given to him. The Majlis members do not have to supervise the election. All the best to you Moosa Anwar
ReplyDeletekaley ge thauleemee fenvarakee koba??
ReplyDeletea very enlighting article...i read it with great interest.
ReplyDeleteyou are on reight tack to become prominent politition. it is important to study law and commerce and plitics, with this three you can be capable enought to lead people of Maldives one day if you deserve.
ReplyDeleteWhat if the partliament decides to vote themselves to elect the members themselves instead of the election by the public. Who will overule it, when the laws are bent. What if the parliament decides to amend laws, as has happneded , for total sale of Maldives.
ReplyDeleteThe point is whether partliament, president, or judiciary, harmonious functioning is possible only when crooks are not involved. When crooks are involved, regardless of the laws and constitution, they will find a way to manipulate the system or the institution or the constitution. Look at judiciary. Rich and the powerful will dupe the legal system to run with impunity because the so called judges are a maketable commodity, without integrity and fear. They are devoid of sound mind and greed runs riot in their life like an unquenchable thirst.That is why there is divine way for good life in this life and the hereafter. YOu test with science, people who are devoid of spirituality are socially and psychologically injured and can be easily tested for their facade of kindness or whatever ethical standards will crumble to light.
That is why preaching for good life is more important in Islam than being obsessed with good materials. Good human being will practise good rules - so wecreat good human beings emphasis for law-abiding , only will leads to a law-abiding soceity - not just laws. Preaching is fundamental for practice to be alive. Good life will be alive by preaching good and not by preaching evil. to curb drugs - do not preach negatives of drugs but ( which is a reminder to abuse) but acts needed for a good life which brings to life good deeds. hope sense will prevail.