Faisal: JSC composition must be changed and the system reformed to prevent presidential influence over the judiciary

Former Vice President Faisal Naseem has stated that under the Constitution of the Maldives, the judiciary is a completely independent branch of power and that the President should have no role within it.

Speaking on RaajjeTV’s "Fala Surukhee" program, Faisal stated that the Maldives operates under a system of separation of powers, a principle clearly enshrined in the Constitution. However, regarding the judiciary, he noted that the President currently appoints two members to the Judicial Service Commission (JSC) and emphasized that this practice must be changed.

Faisal stated that the President should have no role within the judiciary, noting that the public does not accept such interference. He further emphasized the need for independent members to be appointed to the Judicial Service Commission (JSC).

This is how the Judicial Service Commission (JSC) is currently structured—it is filled with politicians. The judiciary is supposed to be a completely independent branch of power, as clearly defined in the Constitution under the separation of powers. If that is the case, there should be no room for the President to interfere in the judicial branch. The composition of the JSC must be reformed; it must consist of independent individuals. While a certain number could be appointed through Parliament, there must be specific qualifications to ensure that capable individuals from the public are selected. We need qualified, upright people for these roles. How can the public have any confidence when the commission includes the Speaker of Parliament, the President of the Civil Service Commission, the Attorney General, and various other members appointed directly by the President?

Former Vice President Faisal Naseem

Emphasizing that justice is not a privilege reserved for specific individuals, Faisal stated that fairness and equity must be established within the nation. He further noted that the current administration has the capacity to implement such reforms through the People’s Majlis.

Furthermore, Faisal stated that the People's Majlis must also be composed of members who are widely accepted by the public.

With the current composition of Parliament, the government has the power to implement these changes if they wish to do so. I believe the number of parliamentary seats should be reduced to around 60, or to a specific figure agreed upon through inter-party consultations. Additionally, we should return to the previous system where members are elected by the entire atoll. This would ensure we get more capable representatives. Furthermore, those entering Parliament should be individuals who command broad public support, and this system would significantly increase that likelihood. When a larger constituency votes, they are more likely to elect the right candidates. Under the current system, if a large number of candidates contest a seat, a member can be elected to represent the people with as few as 300 votes. Therefore, since the ruling party currently holds the necessary majority in Parliament to bring about these reforms and amendments, I believe they should proceed with them. If the opportunity is there, why not take action?

Former Vice President Faisal Naseem

Furthermore, Faisal noted that if the nation’s affairs are conducted within a system where the three branches of power are truly separated, it would lead to effective solutions for existing issues and ensure national stability.