Seven months with no VP: constitutional vaccum?

Clause 122 of the Constitution of the Maldives says as follows: "If the office of Vice President becomes vacant by reason of death, resignation, removal from office, permanent incapacity, or succession to the office of the President, the President shall appoint a new Vice President to serve the remainder of the term. The appointment shall be approved by the People’s Majlis."

Seven months before, the then Vice President Ahmed Adeeb was removed from his position due to serious allegations made against him. The Parliament had voted to depose him, with an overwhelming majority. Even though the Constitution had specifically said that an individual had to be appointed at the soonest, so far no individual had either been appointed or contested for the position. But can that position be kept vacant? Is it prudent to keep that position vacant?

Legal experts say that based on the current form of Government, the position of Vice President is a vital cog in the Government. Lawyer, Ali Hussain said the position of Vice President is listed in the Constitution to function a smooth flow to the Government and prevent a power vacuum in the event the President is unable to fulfill the responsibilities and duties of the office. He said if the position of Vice President remained vacant, and if the President unable to fill the responsibilities of the office, then the question of leadership would surface, plunging the country into possible chaos. Ali Hussain added that it was unconstitutional to keep the position vacant for such an extended period of time.

"The instruction is clearly spelled out in the Constitution. The President cannot go without appointing an individual to the position. As per the Constitution, an individual has to be appointed to the position as soon as the predecessor leaves the position. This had been observed in the past. When Jameel was removed from power, the President had submitted a new nominee the very next day. Therefore, there is no law or legal precedent not to follow this," Ali Hussain.

He said the Supreme Court had previously issued a ruling to this effect. During the tenure of President Mohamed Nasheed, the Government had attempted to delay the vetting process for the cabinet members. In this case, Supreme Court had decreed that even though a time frame for the process had not been granted in the Constitution, those cases must be expedited, unless the situation was beyond human control. Ali Hussain said the same principle applied to the Vice President appointment, noting such a situation was not in question for the President.

However, the opinions of members of ruling PPM differed on the matter. PPM Deputy Leader and Fonadhoo Constituency MP Abdu Raheem Abdullah said the power to appoint a Vice President is solely at the discretion of the President and therefore, the President must be given time and leniency to appoint the nation's second in command. He said he did not believe that neither the Party nor PPM MPs had the room to pressure the President into appointing a certain individual or an appointee to the position.

"Commenting on the issue is not an easy thing. That is a privilege granted to the President. No one, not even we have pressured the President into appointing a person. We cannot say that is an illegal move by the President when no time frame is set in the Constitution," he said.

When President Yameen returned back to the country after his first state visit to Malaysia, journalists posed the question of the vacant position of Vice President. At the time, the President had said the actions of the Vice President is closely tied with the stability of the nation. As such, he said the individual who is appointed to the position next will have to be an individual who is extremely loyal and exemplary in character. The President said that he needed time to appoint a Vice President.

"That decision rests with me. I need time to think about the position. Peace of the entire nation is tied to the characteristics of the Vice President, public definitely understand this aspect. Four, five Vice Presidents in one term is not conducive to the public. So the decision has to be deeply thought out, the appointee has to be an exemplary individual. I have to work to find someone like that and I have to be given the opportunity to do so," this was the President's justification then.

The history of Vice Presidents in the country has been tarnished by power grabs, by the way of deposing the incumbent President. For the first time in the nation's history, a no confidence motion was passed on the Vice President due to the various underhand dealings Dr. Jameel had committed in a bid to grab power were revealed. Adeeb was similarly deposed after multiple plans to depose the President and the botched assassination attempt.

When we look into the past, President Ameen's Government was toppled by then Vice President Velaanaage Ibrahim Mohamed Didi. Even though he was not technically a Vice President, President Ibrahim Naseer had to remove his Prime Minister Ahmed Zaki due to such issues.

Perhaps these were the circumstances that needed to be reviewed prior to appointing a Vice President. This is the core of the debate that argues that Maldives did not need a Vice President. PPM PG Leader Ahmed Nihan said based on the past experiences, the issue of a Vice President warranted deep consideration. Nihan said based on the previous experiences, Maldives was not fit for such a system.

"We have a serious grounds to believe that the Vice President position is not a fit for the democratic system followed in the country. The issue of Vice President has become a taboo subject in the nation. We have to bring in a serious change to the position and role of the position in the Constitution," Nihan said.

What Nihan has alluded to is a serious issue. Clause 117 (a) clearly states that "The Vice President shall exercise such responsibilities and powers of the President as are delegated to him by the President." Therefore, the Vice President's duties are set by the President. However, none of the Vice Presidents had acted in this manner; their agendas were bigger than that of the President's.

Ali Hussain said if the President did not wish to appoint a deputy, then the law has to be changed. He said there was no constitutional or legal excuse or precedent either the President or the ruling party can show in order to delay the appointment. Ali Hussain, a sitting Member of the Parliament, said no case or motion had been submitted to the Parliament for consideration into the matter, to that effect.

"There may be issues in practicing this aspect. But we have to follow the law. We cannot delay this based on past experience. A legal solution has to be found but is being delayed. The procedure is clearly laid out in the Constitution. So by not appointing [a Vice President] they are flaunting the Constitution," he said.

The question of a Vice President has now become a major question. The Constitution demands a Vice President. But the nation had gone without a Vice President for seven months. This had fueled the rumors and the debate that the country and the country's democratic process is not fit for a Vice President. Based on past experiences appointing a Vice President is a hard decision for the President. If the situation is to proceed as now, a legal solution has to be sought out. Unless that is carried out, the question of a Vice President will keep on rising.