Questions are arising regarding the appointment of President's Members to the People's Majlis. For example, should appointed members continue in the transitional Majlis? Can the members appointed by the outgoing President be replaced by the incoming President?
On the first question, some are of the opinion that appointed members must not have a place in the Majlis anymore. The opposite view is that the Constitution requires the existing Majlis to continue till elections could be held under the new Constitution. According to this view, continuation of the current Majlis implies continuation of its existing structure –which includes appointed members. Article 294 (a) of the Constitution reads:
"The People's Majlis in existence at the commencement of this Constitution shall continue until such time as the first elections of the People's Majlis under this Constitution are held, and election of members and assumption of office by the members."
Now we come to the next question. Can members appointed by Gayoom be replaced by Anni? Those who argue against it say that the same members sitting now will have to continue unchanged. However, there is a counter argument against that. When an elected
seat falls vacant there is a provision to fill the vacancy. So it is quite certain that the Constitution does not preclude replacing current members. Here is the relevant article of the Constitution:
Article 294 (c): "Whenever there is a vacancy among the members of the People's Majlis, and there is a period of six months between the date of the vacancy and the first sitting of the first elected People's Majlis, an election shall be held to elect a member to the vacancy."