THE NATURE AND LIMITS OF

DECENTRALIZED JURISDICTION OF
LOCAL COUNCILS IN MALDIVES

Mariyam Shufaa, Ahmed Haneef ,

[Date] Bachelors of Sharia’ and Law
Aminath Jiyam , Fathumath Shudoona
Contents
Introduction ......................................................................................................................................................................... 3
Distinct between Federal and Unitary System .......................................................................................................... 4
A brief History of Maldives Decentralization ............................................................................................................... 5
Issues ................................................................................................................................ Error! Bookmark not defined.
Local Government............................................................................................................................................................... 6
Local Government authority ............................................................................................................................................. 6
Island Councils and Women Development Committees .............................................................................................. 6
Legislative Provisions.......................................................................................................................................................... 6
Conclusion ............................................................................................................................................................................. 6
“Article 2 of the Constitution of Republic of Maldives states that
Maldives is a Unitary State, and a Unitary State is a state
whose all intranational and international policies are represented by a
single government or a political power.”
Maldives Constitution 2008
Introduction
In Maldives Constitution “Article 2 of the
Constitution of Republic of Maldives
states that Maldives is Unitary States and
a Unitary State is a State Whose all
international and International Policies
are represented by a single government
or a political power”. Since Maldives
consists of islands more than 1192 which
is group into 26 atoll chains located in the
Indian ocean and its is one of the world’s most dispersed countries. The country has its long history even
though it gains independence in 26th July 1965 from Great Britain. Even during pre-colonization’s days
country has been ruled as unitary system for many years. Even though the country didn’t have much
bloodshed over, its road to democracy, still country is learning and adapting to its new nature. Over the
years the country has experiences many Constitutions and some of the constitution have been tear down by
the people for better one. Many great leaders have given their dedication over these constitution, which
was needed to protect the rights and the powers in people. Since Maldives is dispersed country which has
small island and these islands are grouped has atolls, these island and atoll had established an administrative
role for its people needs which was controlled by Capital authority.
Distinct between Federal and Unitary System
When we look at the difference between A unitary system and Federal System the power is most important
thing which is controlled. In Today’s environment and history has proved that no modern country can be
governed from a single location. The local governments within the rural area must be left for each individual
area. Mostly we can find that every country has two level of governments central and local. Some of the
countries do have a third level of government, which is responsible of less or more regions. The powers
among these different levels of governments is very important aspect which is reflected in the country’s
constitution. Such as British Constitution main charactertics consist of respect to its local govemenet. But
when we look at the France through history even they have a very much control over there local authorities.
Those countries which has third level of government have distribution of powers over central and
intermediate governments which varies. States which are independently formed usually maintain an
intermediate level with legislative and executive and judicial such as United States, Argentina, Switzerland
etc.

So, depending on the how constitution give power to between the central and subnational govemnets are
said to be unitary and federal System. In a Unitary System the only level of governed beside the government
is local or municipal governments. In this system it central government has all the authority and the central
movement will determine which powers to be given and which powers to with draw or resolve. In Federal
systems the states or provincial authorities share their sovereignty with the central govement and have its
last and final wording when comes to broad range of policy area.
A brief History of Maldives Decentralization
Maldives has a long history following to a unitary system in which all island are administered through
central government and a layer to the island as local municipal authority over each island to execute the
central policies. The constitution in Maldives clearly mentioned in Article 2 that it is Unitary State. The
country’s legislative history Maldives did not have its written constitution until 1932 which led the
parliament (peoples Majlis) to make law, where its first legislative piece of law enacted was called (public
Administrative act (Ahkaam Aamma). The main purpose of this act was to create various government
departments and provide their mandate.

Over the years several constitution has been developed and currently Maldives has ratified and following
its the 5th Constitution that has emerged on 2008 , where it has taken significant set up governances changes
between 2008 and 2013. These reform roots took during 1999 which led and interving event on 2004 for
special parliament for drafting the new constition. The new constitution was ratified by President maummon
abul gayoom which led multiparty system was introduced to the country. The new election took during
2008 was taken by coalition gorvement where Mr Mohamed Nasheed became the president.

During President Moahmed era, he has created seven provincial administration and had assigned head for
each by president . He also has created under his creed Seven health corporations and seven utilities. These
corporations were given ownership of all assets required to perform there functions. the health assets which
were given to corporation was over years a responsibilities and assets of Ministry of health. Some of the
assets that’s took were earlier belong to island development committees .

On May /2011 under current constitution president has declared a change for law 7/2010 under article 56
B for article 42 in that law, which states that about the power vested in the city councils and the services
that would be rendered to public under law which was amended for the third time.
Limits of decentralized jurisdiction of local councils

Local Government
Local Government authority
Island Councils and Women Development Committees
Legislative Provisions

Conclusion

Refernces