JSC composition must be determined through expert debate and aligned with Maldivian legal system: Former Chief Justice

Former Chief Justice Dr. Ahmed Abdulla Didi has stated that the composition of the Judicial Service Commission (JSC) should be determined through deliberations among local experts to ensure it aligns with the Maldives' legal system.

Speaking during RaajjeTV’s special Independence Day coverage, Dr. Ahmed Abdulla Didi stated that the Judicial Service Commission is an independent institution. Highlighting that the judiciary is a distinct branch of power defined by law, Dr. Didi emphasized that judicial independence must be sustained from within the judiciary itself.

Dr. Didi stated that the Judicial Service Commission (JSC) had previously undermined the judiciary by assuming powers through unconstitutional amendments to the Judicial Service Commission Act. As a specific example, Dr. Didi highlighted the restructuring that brought the Department of Judicial Administration and the Judicial Academy under the direct control of the JSC.

Dr. Didi stated that the only way to prevent government influence is to reconstitute the Judicial Service Commission (JSC) through legislation, without strictly following the models of specific foreign nations. He further noted that the composition of the Maldives' JSC should be determined through deliberations by local experts to ensure it is tailored to the country's unique environment.

Is there an absolute necessity for an independent institution appointed by the executive and the legislature? Judicial councils could potentially be established within the Judicial Service Commission itself. There are numerous countries across the globe to look to; we should not limit our examples solely to Kenya, South Africa, or Canada, but rather examine all available models.

Dr. Ahmed Abdulla Didi

Furthermore, Didi stated that existing laws are structured in a way that allows for undue influence, emphasizing the urgent need for legislative and regulatory reforms.