How Law Is Passed in Maldives Essay

How law is passed in Maldives. In Maldives laws are made in People’s MaJlis. It’s the supreme authority for law- making by the Article 70 of the constitution. Article 70. â€Å"(a) The legislative authority of the Maldives shall be vested in the People’s Mall’s. † In the Maldives there are 2 types of legislation considered by Parliament. These are: 1- Government Bills (Bills that are introduced by the Government) 2- Private Member Bills (Bills that are introduced by the Members whether individual or from a political party ) Government Bills Government Bills symbolize government policy and a Minister presents them. The bulk of Parliament’s stage is taken up with these types of bills. As the present government does not hold such a large parliamentary majority, it is almost uncertain that all Government Bills will be passed into law (though some may be passed along the way). Private Member Bills Individual Member of Parliaments (MPs) from any political party (or a peer) can introduce a Private Members Bill. These hardly have any chance of becoming law as too much of Parliament’s time is occupied up with Government bills. As a consequence of this, Parliament gets little chance to discuss Private Members Bills, et alone vote on them. Each legislative year, the Cabinet has to decide on what it needs to do regarding lawmaking that year. As such it has to arrange what it needs – though it has to be cautious of assurances made to the public at large. A lawmaking session does not last for one calendar year. With extended adjournments, Parliament actually sits for a lot less than twelve months. Lawmaking in Parliament is driven by what is said in the President Speech that usually opens Assembly in February. The government to introduce whatever form of legislation it needs, a possibly difficult process takes lace before the bill becomes law. The first process is one of origination. This is actually deciding what is going to be contained in that bill. Both ministers and civil servants are responsible for actually drafting the government bill. First the bills are sent to the parliament secretariat for getting scheduled to parliament agenda. The secretariat then will do a primary legal review regarding the text; purpose and the content are in accordance with the constitution and laid down parliament rules. After the preliminary review the secretariat will schedule the bill in the parliament agenda ith the approval of the Speaker. Then the bill will be introduced by the sponsored member and he shall explain the need and the contents of the bill. This stage is called â€Å"first reading† of the bill. Then members of the parliament discuss the bill and then vote on it. The First Reading is the first time that a bill goes before the MaJlis itself. The First Reading is, really nothing actually happens other than the fact a bill goes before Assembly. Then the bill goes for a Second Reading. By the time of the Reading that MPs have the chance for a wide-ranging discussion on a bill’s advantages or otherwise. Usually, though not exclusively, a parliamentary day is given over to a Second Reading, which usually corresponds to about three hours of discussion. Usually, a government minister opens a Second Reading. The debate in the MaJlis is controlled by either the Speaker or the Deputy Speaker. From the Second Reading, the bill moves onto to the Committee Stage. The Committee Stage is the most thorough scrutiny of the bill. This scrutiny is done by a Standing Committee that is made up of 12 to 25 MPs. The Committee evaluates and supports each clause ofa bill. It does not discuss the overall purpose of a bill. Each member of a Standing Committee is allowed to propose an amendment to clauses in the bill. The whole committee stage is meant to be a thorough examination of a bill and it is the longest part of the process. Once it has ended, the process moves on to the Report Stage. Report Stage can last from 30 minutes to several days. From here, the bill returns for its Third Reading. The Third Reading is the final part of the debate regarding the bill within the MaJlis. MPs discuss the overall content of the amended bill. After the third reading, the Speaker opens the floor to take vote for the bill. Then he MPs give their vote through electronic machines fixed infront of MPs Table. Then if MPs vote represents the majority of that session the bill will be passed and will be sent to the President for scrutinizing the Assent. And if it is doesnot get the majority it will be disqualified to become a law. Finally when the President receives the bill he has the discretion to give Assent in the first time. So, if he gives the Assent it will be published on the gazette and it will become a law. But, if he does not give Assent he shall sent the bill to MaJlis for review. Then again that bill is scheduled and MPs ebate on the reservations of the President, and if they still need to pass the law as it is, they shall pass that bill with big majority and sent to President for Assent. Then the President must give Assent and shall publish the new law in Gazzette. An act usually has a date or dates in its text as to when it will be implemented (or when parts of it will be implemented if it is a multi-layered act). Some acts have a Commencement Order in them to activate it, or parts of it. The implementation of that act means that it is part of the law of the land from that date. [ 1 ]. Constitution of Maldives 2008. page 48.