The President’s Office has said declination of consent by the People’s Majlis for a cabinet minister does not equal to the minister’s dismissal.
The President’s Office said, while Article 130 of the Constitution states the qualifications of members appointed to the cabinet in accordance with the preceding Articles 129 (c) and (d) that relate to the approval of the cabinet by the parliament, Article 171 (i) of Majlis’ rules of procedures stipulating additional qualifications for those appointed to the cabinet undermines the above mentioned articles of the constitution.
The Supreme Court had also recognized this and ruled against using the Article 171 (i) in endorsing cabinet ministers, said the President’s Office.
Referring to the Supreme Court ruling on the Attorney General’s contestation in the Court over the constitutionality of the Article 171 (i) Majlis’ rules of procedures, the President’s Office said 6 judges of the Supreme Court bench noted that while Article 130 (a) stipulated the qualifications of the members appointed to the cabinet, the following Article of the constitution, Article 130 (b) states the reasons for the disqualification of a member.
The President’s Office also said the judgment of the Supreme Court Judge Ahmed Muthasim Adnan, which was different from the judgments of the other judges, noted that a cabinet can only be removed from office under provisions in Article 137 (a), Article 139, Articles 130 (b)1, Article 130 (b)2, and Article 101 (d) of the constitution.
In light of these, the President did not believe that refusal to endorse a cabinet minister by the People’s Majlis would result in the minister’s dismissal from office, the President’s Office said.
