President returns second amendment to Civil Service Act to Parliament

Sunday, July 11th, 2010

In his weekly radio address, President Mohamed Nasheed has said the second amendment bill to the Civil Service Act, which was passed on 22 June, unduly constrains the role of the President in making senior appointments for administration of the Executive branch.

On Thursday, the President returned the bill to the Parliament for reconsideration of articles 13 and 17
Article 13 of the Civil Service Act states that the President, on recommendation of the parliament, shall appoint members to the commission by nominating people selected from among applicants.

However, the amendment mandates the Majlis to receive applications for Civil Service Commission (CSC) membership and endorse candidates after a committee review.

Article 17 of the Act gives the President the authority to appoint the Commissioner and Vice Commissioner with the advice of the Majlis, while the amendment gives that authority to the Majlis.

Discussing the reasons for vetoing the bill, he said:

“Seeking members to independent institutions and determining their qualifications and competence must be done by the Executive.

The role of the Parliament must be to oversee how the process takes place, to ensure accountability, and to accept or reject the names submitted to the Parliament.”

He continued, Article 180 (b) and articles elsewhere in the Constitution and conventions, clearly showed it was President’s prerogative to seek nominations to the CSC and submit nominations to the Parliament.

Article 180 (b) states “the President shall appoint to the Civil Service Commission those persons approved by a majority of the members of the People’s Majlis present and voting, from the names submitted to the People’s Majlis as provided for in the statute governing the Civil Service Commission”.

He emphasised the phrase “from the names submitted to the People’s Majlis” clearly showed making nominations to the Civil Service Commission was not the prerogative of the People’s Majlis.

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