President Decrees Interim Administrative Body to Ensure Continuation of Supreme Court Administration

President Nasheed issued a decree at 12am Sunday to ensure the administrative functions of the Supreme Court continue. The decree follows the People’s Majlis’ failure to pass legislation necessary for the court to continue after the end of the interim period of the Constitution.

Chapter 14 of the Constitution established a number of temporary, interim institutions, including the creation of an interim Supreme Court, and stipulated that the People’s Majlis must pass a necessary act to make the institutions permanent. The interim period of the Constitution ended on 7 August.

The Majlis, in which opposition parties hold a majority of seats, failed to pass the necessary legislation, threatening to leave the country without a legitimate Supreme Court as of Sunday.

“The Majlis failed to get its work done on time. This left the President with two options: allow the country to have no Supreme Court at all; or issue a decree so at least the administrative functions of the Supreme Court can continue. The President chose the latter option,” said Press Secretary Mohamed Zuhair.

“We hope Majlis members will hurry up and pass the required legislation so the court can function as envisaged under the Constitution,” he added.

The Presidential decree appoints four legal practitioners of high repute to continue the day to day administrative functions of the Supreme Court.

The four-person interim administrative panel will not rule on cases or act as de facto judges. Their powers will be limited to running the overall administration of the Supreme Court and the Department of Judicial Administration, which sits under the Supreme Court. The government has asked the Commonwealth to advise the interim administrative panel.

“We are waiting on the Majlis to pass an Act that establishes a permanent Supreme Court. This Act must determine things such as how many Supreme Court justices will sit on the bench,” the Press Secretary said.

Zuhair noted that on 22nd July, in line with the Constitution, the President sent his nomination for Chief Justice of the permanent Supreme Court to parliament, after consulting with the Judicial Services Commission.

“The Majlis left the confirmation of the Chief Justice until the very last moment, which was Saturday. On Saturday, the Majlis Speaker cancelled the parliamentary session. So we are also waiting on the Majlis to confirm the Chief Justice,” said Zuhair.