Kulhudhuffushi-South MP Mohamed Nasheed has said it is not appropriate for the the powers of the president to be transferred to the Speaker of the Parliament, or a MP elected by the parliament, without amending the constitution.
Speaking at today’s session of the parliament, MP Nasheed said it is against the morale of the constitution for the parliament to declare, through a law or declaration, for the Speaker or a MP to take over presidential powers.
“I would like to say that the powers of the president cannot be handed over to the Speaker of the Parliament or a member of the parliament without amending the constitution. Our problem arises between the end of the current presidential term and the beginning of the next term. We are trying to figure out a way to act if the country fails to election a president by the end of the term. I do not believe that this can be achieved through a law or declaration passed by the parliament, without amending the constitution,” MP Nasheed said.
He said the Maldives constitution is based on the constitution of the United States of America and that the U.S. has also faced the same predicament in its history.
He said that, as the constitution states that all powers of the State are derived from, and remain with the citizens, the morale of the constitution points to the parliament as the most appropriate institution to find a solution for the current problem.
MP Nasheed said it is likely for the Supreme Court to annul any decision by the parliament to transfer the powers of the president without amending the constitution. He called on the three major parties to come to consensus.
The current presidential term ends on 11 November 2013.