As a Republic the Constitution came into force in 1968 (and amended in 1970, 1972, and 1975) has been repealed and replaced by a another Constitution assented to by the President Gayoom on 27 November 1997. This Constitution came into force on 1 January 1998. All stated that the president was the Head of State, Head of Government and the Commander-in-Chief of the Armed Forces and the Police of the Maldives. Under Intense pressure from the opposition a new Constitution was Ratified, dated 7 August 2008, whereby the power of judiciary was separated from the head of state.
According to the constitution of Maldives, "The judges are independent, and subject only to the constitution and the law. When deciding matters on which the Constitution or the law is silent, judges must consider Islamic Shari’ah."
The independent Judicial Services Commission is the core of the judiciary, who oversee the appointment and dismissal of judges, and act as a 'watchdog' to ensure that Judges uphold their own codes of conduct. Currently in an interim stage, one is appointed by the president other member from the Civil Service Commission, parliament, the public, high court judge, lower court judge and a supreme court member. Contradiction in the commission’s makeup, which requires a Supreme Court member to be present on the commission, even though the Supreme Court must be composed with the advice of the commission.
Their has been raised concerns over the independence of the commission, given that of eight interim members, the President appoints one and all current judges were appointed by President Maumoon Abdul Gayoom under the previous constitution, of them two were appointed to the commission.
The Supreme Court of Maldives is headed by a Chief Justice, who is the head of judiciary. Right now at a interim stage the President appointed 5 judges, who was approved by the Parliament. The interim court will sit until a new permanent Supreme Court is nominated under the constitution. Underneath the Supreme Court a High Court and a Lower Court. The constitution requires an uneven number rulings in the High Court of Maldives, therefore three justice is appointed. Any verdict there must be reached by a majority, but must also include a 'minority report'.
As part of the newly independent judiciary a Prosecutor General is appointed, who is responsible for initiating court proceedings on behalf of the government, will oversee how investigations are being conducted and have a say in criminal prosecutions, duties previously held by the Attorney General. Also has the power to order investigations, monitor detentions, lodge appeals and review existing cases. The Prosecutor General of Maldives is appointed by the President and is approved by the Parliament.