Parliament of Maldives has passed to increase the age of qualification to apply for membership of Judicial Service Commission (JSC) and to shift Department of Judicial Administration (DJA) under JSC. The amendments to Judicial Service Commission Act were passed unanimously with votes from 63 parliamentarians.
The amendments by the administration submitted by Parliamentarian Moosa Siraj proposed individuals seeking membership from JSC must be at least 30 years. The current law in effect says an individual must be 25 years to seek membership from JSC. Although a proposition was made seeking to amend the clause which states the post of membership at JSC will be vacant if a member contest for a political position to vacant the post once being elected, the committee decided against amending the clause.
Moreover, another notable amendment stated DJA will be shifted under JSC, making the highest authority of DJA the Judicial Service Administrator. The Judicial Service Administrator will be appointed by JSC, according to the amendment. The ratification of the amendment by President Ibrahim Mohamed Solih will vacant the position of Judicial Administrator which is currently filled by Dr. Abdulla Nazeer.
Furthermore, amendments were made to the procedures to be followed when investigating cases against judges. In this regard, the clause which states a period of 3 days must be given to the defendant to appoint a lawyer was amended to a period of minimum of 24 hours. In addition, amendments were brought to the actions taken against judges, including removing the clause which states the judges must be warned or advised and stating the maximum period a judge can be suspended with or without salary as 3 months.
The new amendments also include providing 10 days to contest a decision or an action made by JSC against a judge, which excludes dismissal, instead of the 30 days mentioned previously and stating a decision to remove a judge cannot be appealed in any court of law.