The Parliament is reviewing a draft legislative proposal that seeks to introduce a legal framework for conducting national referendums on matters of public concern and proposed amendments to the Constitution. Submitted under the title 'Public Referendum Bill', the legislation sets out procedural and institutional guidelines for initiating, approving, and administering public votes, an area currently unregulated by statute.
Introduced by Inguraidhoo MP and Parliamentary Majority Leader Ibrahim Falah, the bill seeks to address the absence of statutory clarity surrounding the referendum process. Although referendums are referenced in the Constitution, there remains no codified law detailing how such votes should be organised. The proposed legislation establishes the criteria under which referendums may be convened, assigns responsibilities to the initiating bodies, and outlines operational requirements for the Elections Commission of Maldives.
The bill specifies the roles of parliament and the president in determining the circumstances that warrant a referendum. Matters broadly impacting the people would fall under parliament's jurisdiction, while issues deemed critical to national interest would be initiated at the president's discretion. In all cases, the implementation and oversight of referendums would rest with the Elections Commission.
Among the areas identified for possible amendment through referendum are provisions concerning fundamental rights and freedoms, articles addressing the duration of parliamentary and presidential terms, clauses governing presidential elections and presidential assent, and articles establishing the territorial boundaries of the country. One provision seeks to address scenarios in which the president declines to ratify a constitutional amendment passed by parliament. In such instances, the bill enables a referendum to determine the electorate's position on the proposed measure.
The procedural pathway outlined in the legislation allows parliament to pass a resolution approving a referendum by a simple majority of members present. Following approval, a formal document must be drafted to define the referendum question, along with arguments supporting and opposing the measure. If the initiative originates with the president, the accompanying document must set out the proposed question and supporting rationale, prepared in consultation with the Cabinet.
Following submission to the Elections Commission, the bill requires the vote to be held within a period ranging from 45 to 90 days. The register of eligible voters is to be announced no later than 14 days prior to the scheduled polling date. Campaign activities would proceed in accordance with rules currently applicable to general elections, and all related expenses would be funded by the state's Consolidated Revenue Fund, as stipulated under the Public Accounts Act.
Whether initiated by parliament or the president, a referendum resolution may later be withdrawn, provided the Elections Commission has not announced the official polling date. In such cases, a second resolution must be passed to formally rescind the original decision.