In August 2008 Maldivians got a state of art 21^st century constitution. It contained a wonderful chapter on fundamental rights. Built iron walls separating executive, legislative and judicial arms of the State. As an additional safeguard it build numerous independent institutions such as Anti-corruption Commission, Human Rights Commission, Election Commission, and Civil Service Commission with fat salaries, security of tenure and big offices.

Constitution said anyone who had served for ten years (two terms) as the President should not be eligible to contest presidential election. But President Gayyoon did. He ruled for 30 years and yet was found eligible to contest! Chief Justice Abdullah Saeed gave the green light. MDP cried foul!

The Blue Book, they call, said no one convicted of theft should be eligible to contest presidential election. President Nasheed was charged, prosecuted, convicted, lodged appeal, lost the appeal and served his sentence. Yet he was found eligible! He is now the President. Again Chief Justice Abdullah Saeed gave the green light. MDP hailed it as a symbol of judicial independence.

The supreme law of the country said that first Parliamentary election should be held before 15^th February 2009. Chief Justice Abdullah Saeed said the deadline must be met at any cost. MDP supporters ran amok. Ridiculed and abused him. Election wasn’t held until May 9, 2009. Some lawyers cried foul but not many cared.

The sacred document commanded to hold local election before the end of June 2010. Dead line passed. And election is not likely for several months. No one noticed.

The supreme law gave two year transition period to appoint a permanent Chief Justice, Justices of the Supreme Court and the High Court and lower court judges. Only lower court judges have been confirmed (that too against government will). Within the transition period Constitution also mandates to enact some 80 laws and to confirm members to independent institutions.  Two year deadline ends next week. No task will be accomplished. But no one will lose sleep over it!

Sacrosanct book allows president to nominate his cabinet ministers. Parliament then assents or rejects the nominations. Only then ministers take oath of office and assume official responsibility. On 29^th June 2010 the entire cabinet resigned and 9 days later (on 7^th July 2010) they all took oath of office and assume responsibility! They are traveling as ministers, entering into agreements, contracts, signing treaties, representing the government, buying and selling state assets, issuing sovereign guarantees. Parliament is yet to give confirmation! But who cares?

Constitution says ministers are answerable to Parliament on what they do. Parliament can impeach or discipline them. But since there are no ministers Parliament has confirmed no minister can be impeached or disciplined!

Constitution says that Chief Justice and Justices of the Superior courts should be confirmed by Parliament. Some two months back the justices announced that they don’t require such confirmation! They have announced their lifetime tenure! It barely made to local newspapers!

So what is the big deal if the?

• President publically declares that he will bypass the Constitution
• President sends armed forces with tanks to arrest MPs (by law members of armed forces cannot undertake arrests)
• holds citizens without a charge, court warrant as long as he pleases (constitutionally within 24 hours detainees must be brought before a judge).
• President refuses to release people court orders to be released.
• President disregards court orders.
• President’s Deputy Home Minister publically declares that he will defy court orders.
• President’s Commissioner of Police refuses to comply with court order and appear before the court.
• MPs belonging to the President’s ruling MDP refuses to appear before the Court.
• President, Vice President, cabinet Ministers and Parliamentarians refuse/fail to disclose their assets as required by the constitution.
• President disregards parliamentary appointee to the Anti-Corruption Commission.
• President declares that he will disregard Pubic Broadcasting Act which he himself has assented to in order to facilitate independence of state media.
• President ignores Parliamentary advice and subsequent passage of law to prevent sale of enterprises.

These actions are certainly illegal and unconstitutional. But in a nation with an unconstitutionally constituted Parliament (elected after constitutionally set deadline), an unconstitutional government (cabinet not approved by the Parliament as required by the Constitution) and an unconstitutional Chief Justice and a Supreme Court (self-appointed) everything is justifiable. But then does anyone need a justification! Or is there a need to give any justification!

Does it stink? Probably it does. But when you live in shit it doesn’t smell that bad after all!

Welcome to the Maldivian style of rule of law.

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