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Saturday, August 14, 2004

Constitution of Maldives - Chapter XIII : Proclamation of Emergency

Proclamation of Emergency

144. Where the President has determined that the security of the Maldives or part thereof is threatened by war or foreign aggression or civil unrest, the President shall have the right to issue a Proclamation of Emergency.

Powers of the President during a Proclamation of Emergency

145. While the Proclamation of Emergency is in force, the President shall have the power to take and order all measures expedient to protect national security and public order. Such measures may include the suspension from time to time of fundamental rights as deemed appropriate by the President and suspension of laws which in the opinion of the President impede the maintenance of national security and public order.

Duration and revocation of a Proclamation of Emergency

146.—(1) A Proclamation of Emergency shall initially be valid for a period of three months. In the event that the President has determined that such Proclamation of Emergency should be extended for a period exceeding three months, such matter shall be laid before the People’s Majlis prior to the expiration of the three months and the Proclamation of Emergency may be extended, if passed by the People’s Majlis, for a period determined by the Majlis. Where the period of Proclamation of Emergency is not extended as mentioned herein, upon expiration of the said three months such Proclamation of Emergency shall lapse.

(2) The President may revoke the Proclamation of Emergency while it is in force where to the satisfaction of the President there exists no circumstance requiring continuation of the Proclamation of Emergency.

(3) Upon the expiration of the Proclamation of Emergency, and within one month from such date, a written report on the emergency that occurred shall be submitted to the People’s Majlis by the President.

 

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