Wednesday, November 5, 2008

Can Anni appoint 'nominated MPs'?

One of the most controversial 'features' of the 'old' parliament is the presence of un-elected MPs who are nominated by the President and serve at his/her pleasure. I would not go into the pros and cons of such appointments since the issue is non relevant at this point in time as our new constitution does not allow for such appointments.

There is a lot of talk on the streets on whether or not Anni can appoint his own 'team of MPs' to replace the existing nominated MP's.

Clause 294 of the Constitution provides for the continuance of the People's Majlis 'until such time as the first elections of the People's Majlis under this Constitution' (quote from unofficial English translation) is held.

The interpretation of the clause is that the Majlis in its old composition shall remain till the next elections. It is by no means a 'protection' for the persons currently serving in the Majlis but for their positions and by virtue of the fact that (1) the nominated MPs are part of the old Majlis and (2) they serve at the pleasure of the President (who ever it may be), Anni does have the liberty to appoint his own MPs after taking oath as President of the Maldives.

5 comments:

Anonymous said...

Even though he can appoint the members it is something that surely he doesn't believe in. MDP has always been vocal on this issue and held numerous protests on removing no-elect MP's. This was also an issue that Anni spoke on during his presidential campaign. So even if he can he should not be doing something that's against his philosophy.I'm sure that different legal opinions will be heard on this issue but just because he can doesn't mean he should.

mode said...

no matter what philosophy he believes in, i think, he would appoint MPs from his own party to the parliment. thats how the wind is blowing.
who ever comes to the power, he would uses it as his advantage. thats the way world is and the way it would remain.

Anonymous said...

@leftback
if anni doesnt appoint new members then the members appointed by gayoom will remain in the parliament. is that what u want?

M Shahdy said...

I agree with mode: The Khaasa Majlis has decided that they shall be there during the transitional provision. Thus is it what the constitution says - and it has to be followed to the letter.

The nominated members at this point are a political tool. If Anni can use it to his advantage; there is no reason why he should not in order to push his manifesto which the people have elected him to implement.

muiz said...

Sometimes people do things they dont necessarilty believe in or approve of. Shahdy, you're right. For political reasons Mohamed Nasheed needs to apoint 8 of his members to replace the 8 from DRP that are in the majlis now. And I'm quite sure he will do that soon after being sworn into the post of the President.