Judges allowed to resign after 15 years under new Judiciary Act amendment

Judges will be able to resign after 15 years of service under amendments to the Judiciary Act passed by parliament yesterday.

The bill also sets out new rules for judicial transfers, qualifications, security, and conduct aimed at strengthening judicial independence.

The 8th amendment to the Judiciary Act, first enacted in 2010, introduces significant revisions to multiple articles and adds new provisions governing how judges serve and are overseen.

Under the revised Article 13, responsibility for the security of the Chief Justice and other Supreme Court judges has been transferred to the Maldives National Defence Force (MNDF).

Previously, the MNDF only provided protection to the Chief Justice, with security for other judges determined by security agencies. Judges of lower courts will continue to receive police protection as needed.

The amendment raises the minimum qualification for judges of magistrate courts to a degree in Islamic Sharia, law, or both.

Judges currently serving without such a degree must enroll in a degree programme within a year and complete it within five years. Failure to do so without a valid reason will render them ineligible and lead to removal from office. Previously, a diploma in Sharia or law was sufficient to qualify for lower court positions.

The new law allows judges to voluntarily resign after completing 15 years of service. Those who do so will be entitled to a cash allowance and other benefits determined by the Judicial Service Commission (JSC).

However, benefits will not apply to judges who resign while facing parliamentary removal proceedings. Judges who resign or are dismissed are barred from appearing as legal counsel in any court where they previously served for six months following their departure.

A new chapter outlines a detailed code of conduct for judges, covering both professional and personal behaviour.

The law emphasizes that judges must remain free from any direct or indirect influence, stating:

“Judges shall be absolutely immune from the influence of the executive and legislative branches; they shall not have any relationship with either branch or its members that compromises judicial independence.”

The provision extends to any association that “could lead a reasonable person to believe” that a judge’s independence has been compromised.

The amendment replaces the previous provision on the “temporary assignment” of judges with a clause allowing their transfer to other courts of the same level. According to Article 50(A), the JSC may transfer a judge “for the purpose of strengthening the administrative functioning of the courts or the administration of justice.”

Such transfers must be based on a JSC report and carried out under rules established by the commission. Judges must be notified promptly and given an opportunity to respond before a final decision is made.

The revised law strengthens financial transparency requirements, mandating that all judges submit annual statements of assets, liabilities, and income to the JSC.

Judges must file their first statement within three months of assuming office, submit yearly updates within the first three months of each calendar year, and file a final statement within three months of resignation or removal.

The amended Judiciary Act came into force upon its publication in the government gazette yesterday. Regulations and guidelines required under the new law must be drafted and implemented within six months.