Islamic Republic of Afghanistan
The Constitution of Afghanistan
(Ratified)
January 26, 2004
The
Constitution of the Islamic Republic of Afghanistan
The present
Constitution of the Islamic Republic of Afghanistan was agreed upon by more
than
500 delegates
representing Afghan men and women from across the country at the
Constitutional
Loya Jirga (December 13, 2003 - January 4, 2004). The Constitution was
formally
ratified by President Hamid Karzai at a ceremony in Kabul on January 26, 2004.
The full text
of the Constitution may be found below. Note: this is an unofficial English
translation of
the Constitution. In any conflict between this and the original Dari / Pashto
Constitution,
the Dari / Pashto version shall take precedence.
Islamic
Republic of Afghanistan the Constitution
In the name of
Allah, the Most Beneficent, the Most Merciful
Contents
Preamble
Chapter One: State
(21 articles)
Chapter Two: Fundamental
Rights and Duties of Citizens (38 articles)
Chapter Three: The
President (11 articles)
Chapter Four: Government
(10 articles)
Chapter Five: National
Assembly (29 articles)
Chapter Six: Loya
Jirga (6 articles)
Chapter Seven: The
Judiciary (20 articles)
Chapter Eight: Administration
(7 articles)
Chapter Nine: State
of Emergency (6 articles)
Chapter Ten: Amendments
(2 articles)
Chapter Eleven:
Miscellaneous Provisions (7 articles)
Chapter Twelve:
Transitional Provisions (5 articles)
Islamic
Republic of Afghanistan The Constitution
Preamble
In the name of
Allah, the Most Beneficent, the Most Merciful
Praise be to
Allah, the Cherisher and Sustainer of Worlds; and Praise and Peace be upon
Mohammad,
His Last
Messenger and his disciples and followers.
We the people
of Afghanistan:
• Believing
firmly in Almighty God, relying on His divine will and adhering to the
Holy religion
of Islam;
• Realizing the
previous injustices, miseries and innumerable disasters which have
befallen our
country;
• Appreciating
the sacrifices, historical struggles, jihad and just resistance of all the
peoples of
Afghanistan, admiring the supreme position of the martyr’s of the
country’s
freedom;
• Comprehending
that a united, indivisible Afghanistan belongs to all its tribes and
peoples;
• Observing the
United Nations Charter as well as the Universal Declaration of
Human Rights;
And in order
to:
Islamic
Republic of Afghanistan The Constitution
• Strengthen
national unity, safeguard independence, national sovereignty and
territorial
integrity of the country;
• Establish an
order based on the peoples’ will and democracy;
• Form a civil
society void of oppression, atrocity, discrimination as well as
violence, based
on rule of law, social justice, protecting integrity and human
rights, and
attaining peoples’ freedoms and fundamental rights;
• Strengthen
political, social, economic as well as defense institutions;
• Attain a
prosperous life and sound living environment for all inhabitants of this
land;
• And,
eventually, regain Afghanistan’s appropriate place in the international
family;
Have, herein,
approved this constitution in accordance with the historical, cultural and
social
realities as
well as requirements of time through our elected representatives in the Loya
Jirga,
dated January
3, 2004, held in the city of Kabul.
Islamic
Republic of Afghanistan The Constitution
Chapter One: State
Article
One
Afghanistan
shall be an Islamic Republic, independent, unitary and indivisible state.
Article
Two
The sacred
religion of Islam is the religion of the Islamic Republic of Afghanistan.
Followers of
other faiths
shall be free within the bounds of law in the exercise and performance of their
religious
rituals.
Article
Three
No law shall
contravene the tenets and provisions of the holy religion of Islam in
Afghanistan.
Article
Four
National
sovereignty in Afghanistan shall belong to the nation, manifested directly and
through
its elected
representatives. The nation of Afghanistan is composed of all individuals who
possess the
citizenship of Afghanistan. The nation of Afghanistan shall be comprised of
Pashtun, Tajik,
Hazara, Uzbek, Turkman, Baluch, Pachaie, Nuristani, Aymaq, Arab, Qirghiz,
Qizilbash,
Gujur, Brahwui and other tribes. The word Afghan shall apply to every citizen
of
Afghanistan. No
individual of the nation of Afghanistan shall be deprived of citizenship. The
citizenship and
asylum related matters shall be regulated by law.
Article
Five
Implementing
the provisions of this constitution and other laws, defending independence,
national
sovereignty, territorial integrity and attaining the security and defense
capability of the
country shall
be the fundamental duties of the state.
Article
Six
The state shall
be obligated to create a prosperous and progressive society based on social
justice,
preservation of human dignity, protection of human rights, realization of
democracy,
attainment of
national unity as well as equality between all peoples and tribes and balance
development of
all areas of the country.
Article
Seven
The state shall
observe the United Nations Charter, inter-state agreements, as well as
international
treaties to which Afghanistan has joined, and the Universal Declaration of
Human
Rights. The
state shall prevent all kinds of terrorist activities, cultivation and
smuggling of
narcotics, and
production and use of intoxicants.
Article
Eight
The state shall
regulate the foreign policy of the country on the basis of preserving the
independence,
national interests and territorial integrity as well as non-interference, good
neighborliness,
mutual respect and equality of rights.
Article
Nine
Mines and other
subterranean resources as well as historical relics shall be the property of
the
state.
Protection, management and proper utilization of public properties as well as
natural
resources shall
be regulated by law.
Article
Ten
The state shall
encourage, protect as well as ensure the safety of capital investment and
private
enterprises in
accordance with the provisions of the law and market economy.
Article
Eleven
Matters related
to domestic as well as foreign trade shall be regulated by law in accordance
with
the economic
requirements of the country and public interests.
Article
Twelve
Da Afghanistan
Bank shall be independent and the central bank of the state. Currency issuance
as well as
formulating and implementing the monetary policy of the country shall be,
according
to provisions
of the law, the authority of the central bank. The central bank shall consult
the
economic
committee of the House of People about printing of money. The organization and
operation
method of Central Bank shall be regulated by law.
Article
Thirteen
The state shall
design and implement effective programs for developing industries, expanding
production as
well as protecting activities of craftsmen to raise the standard of living of
the
people.
Article
Fourteen
The state,
within its financial means, shall design and implement effective programs to
develop
agriculture and
animal husbandry, improve economic, social and living conditions of farmers,
herders and
settlers as well as the nomads’ livelihood. The state shall adopt necessary
measures
for provision
of housing and distribution of public estates to deserving citizens in
accordance
with the
provisions of law and within financial possibilities.
Article
Fifteen
The state shall
be obligated to adopt necessary measures to protect and improve forests as well
as the living
environment.
Article
Sixteen
From amongst
Pashto, Dari, Uzbeki, Turkmani, Baluchi, Pachaie, Nuristani, Pamiri and other
current
languages in the country, Pashto and Dari shall be the official languages of
the state. In
areas where the
majority of the people speak in any one of Uzbeki, Turkmani, Pachaie,
Nuristani,
Baluchi or Pamiri languages, any of the aforementioned language, in addition to
Pashto and
Dari, shall be the third official language, the usage of which shall be
regulated by
law. The state
shall design and apply effective programs to foster and develop all languages
of
Afghanistan.
Usage of all current languages in the country shall be free in press
publications
and mass media.
Academic and national administrative terminology and usage in the country
shall be
preserved.
Article
Seventeen
The state shall
adopt necessary measures to foster education at all levels, develop religious
teachings,
regulate and improve the conditions of mosques, religious schools as well as
religious
centers.
Article
Eighteen
The source for
the calendar year of the country shall be based upon the migration of The
Prophet (PBUH).
The basis for state offices shall be the solar calendar. Fridays, as well as
the
28th of Asad
and 8th of Saur, shall be public holidays. Other holidays shall be regulated by
law.
Islamic
Republic of Afghanistan The Constitution
Article
Nineteen
The flag of
Afghanistan shall be made up of three equal parts, with black, red and green
colors
juxtaposed from
left to right vertically. The width of every color shall be half of its length,
and at
the center of
which the national insignia shall be located. The national insignia of
Afghanistan
shall be
comprised of an emblem and a pulpit in white color—at the two corners of which
are
two flags,
inscribed in the top middle the holy phrase “There is no God but Allah and
Mohammad is his
Prophet, and Allah is Great.” This shall be inscribed and superseded on rays
of a rising
sun, and in its lower part, the year 1919 in the solar calendar, and the word
“Afghanistan”
encircled on two sides by sheaves of wheat shall be inscribed. The law shall
regulate the
use of the flag and insignia.
Article
Twenty
The national
anthem of Afghanistan shall be in Pashto with the mention of “God is Great” as
well as the
names of the tribes of Afghanistan.
Article
Twenty-One
The capital of
Afghanistan shall be the city of Kabul.
Chapter Two: Fundamental Rights and
Duties of Citizens
Article
Twenty-Two
Any kind of
discrimination and distinction between citizens of Afghanistan shall be
forbidden.
The citizens of
Afghanistan, man and woman, have equal rights and duties before the law.
Article
Twenty-Three
Life is the
gift of God as well as the natural right of human beings. No one shall be
deprived of
this except by
legal provision.
Article
Twenty-Four
Liberty is the
natural right of human beings. This right has no limits unless affecting others
freedoms as
well as the public interest, which shall be regulated by law. Liberty and human
dignity are
inviolable. The state shall respect and protect liberty as well as human
dignity.
Article
Twenty-Five
Innocence is
the original state. The accused shall be innocent until proven guilty by the
order of
an
authoritative court.
Article
Twenty-Six
Crime is a
personal act. Investigation, arrest and detention of an accused as well as
penalty
execution shall
not incriminate another person.
Article
Twenty-Seven
No deed shall
be considered a crime unless ruled by a law promulgated prior to commitment of
the offense. No
one shall be pursued, arrested, or detained without due process of law. No one
shall be
punished without the decision of an authoritative court taken in accordance
with the
provisions of
the law, promulgated prior to commitment of the offense.
Article
Twenty-Eight
No citizen of
Afghanistan accused of a crime shall be extradited to a foreign state without
reciprocal
arrangements as well as international treaties to which Afghanistan has joined.
No
Afghan shall be
deprived of citizenship or sentenced to domestic or foreign exile.
Article
Twenty-Nine
Persecution of
human beings shall be forbidden. No one shall be allowed to or order torture,
even for discovering
the truth from another individual who is under investigation, arrest,
detention or
has been convicted to be punished. Punishment contrary to human dignity shall
be
prohibited.
Article
Thirty
A statement,
confession or testimony obtained from an accused or of another individual by
means of
compulsion shall be invalid. Confession to a crime is a voluntary admission
before an
authorized
court by an accused in a sound state of mind.
Article
Thirty-One
Upon arrest, or
to prove truth, every individual can appoint a defense attorney. Immediately
upon arrest,
the accused shall have the right to be informed of the nature of the
accusation, and
appear before
the court within the time limit specified by law. In criminal cases, the state
shall
appoint a
defense attorney for the indigent. Confidentiality of conversations,
correspondence,
and
communications between the accused and their attorney shall be secure from any
kind of
violation. The
duties and powers of defense attorneys shall be regulated by law.
Article
Thirty-Two
Debt shall not
curtail or deprive the freedom of the individual. The method and means of
recovering debt
shall be regulated by law.
Article
Thirty-Three
The citizens of
Afghanistan shall have the right to elect and be elected. The conditions of
exercising this
right shall be regulated by law.
Article
Thirty-Four
Freedom of
expression shall be inviolable. Every Afghan shall have the right to express
thoughts
through speech,
writing, illustrations as well as other means in accordance with provisions of
this
constitution. Every Afghan shall have the right, according to provisions of
law, to print and
publish on
subjects without prior submission to state authorities. Directives related to
the
press, radio
and television as well as publications and other mass media shall be regulated
by
law.
Article
Thirty-Five
To attain moral
and material goals, the citizens of Afghanistan shall have the right to form
associations in
accordance with provisions of the law. The people of Afghanistan shall have the
right, in
accordance with provisions of the law, to form political parties, provided
that:
1. Their
manifesto and charter shall not contravene the Holy religion of Islam and
principles and
values enshrined in this constitution;
2. Their
organizations and financial resources shall be transparent;
3. They shall
not have military or quasi-military aims and organizations; and
4. They shall
not be affiliated with foreign political parties or other sources.
Formation and
operation of a party on the basis of tribalism, parochialism, language, as well
as
religious
sectarianism shall not be permitted. A party or association formed according to
provisions of
the law shall not be dissolved without legal causes and the order of an
authoritative
court.
Article
Thirty-Six
The people of
Afghanistan shall have the right to gather and hold unarmed demonstrations, in
accordance with
the law, for attaining legitimate and peaceful purposes.
Article
Thirty-Seven
Freedom and
confidentiality of correspondence, as well as communications of individuals,
whether in the
form of a letter or via telephone, telegraph, as well as other means, shall be
secure from
intrusion. The state shall not have the right to inspect personal
correspondence and
communications,
unless authorized by provisions of the law.
Article
Thirty-Eight
Personal
residences shall be immune from trespassing. No one, including the state, shall
have
the right to
enter a personal residence or search it without the owners permission or by
order of
an
authoritative court, except in situations and methods delineated by law. In
case of an evident
crime, the
responsible official shall enter or search a personal residence without prior
court
Islamic
Republic of Afghanistan The Constitution
order. The
aforementioned official, shall, after entrance or completion of search, obtain
a court
order within
the time limit set by law.
Article
Thirty-Nine
Every Afghan
shall have the right to travel and settle in any part of the country, except in
areas
forbidden by
law. Every Afghan shall have the right to travel outside Afghanistan and
return,
according to
the provisions of the law. The state shall protect the rights of the citizens
of
Afghanistan
outside the country.
Article
Forty
Property shall
be safe from violation. No one shall be forbidden from owning property and
acquiring it,
unless limited by the provisions of law. No one’s property shall be confiscated
without the
order of the law and decision of an authoritative court. Acquisition of private
property shall
be legally permitted only for the sake of public interests, and in exchange for
prior
and just
compensation. Search and disclosure of private property shall be carried out in
accordance with
provisions of the law.
Article
Forty-One
Foreign
individuals shall not have the right to own immovable property in Afghanistan.
Lease
of immovable
property for the purpose of capital investment shall be permitted in accordance
with the
provisions of the law. The sale of estates to diplomatic missions of foreign
countries as
well as
international organization’s to which Afghanistan is a member, shall be allowed
in
accordance with
the provisions of the law.
Article
Forty-Two
Every Afghan
shall pay taxes and duties to the state in accordance with the provisions of
the
law. No taxes
or duties shall be levied without legal representation. Tax rates and duties as
well
as the method
of payment shall be determined, with due respect to social justice, by law.
This
provision shall
also apply to foreign individuals and organizations. Every kind of tax, duty as
well as paid
incomes shall be deposited to a single state account.
Article
Forty-Three
Education is
the right of all citizens of Afghanistan, which shall be offered up to the B.A.
level in
the state
educational institutes free of charge by the state. To expand balanced
education as well
as to provide
mandatory intermediate education throughout Afghanistan, the state shall design
and implement
effective programs and prepare the ground for teaching mother tongues in areas
where they are
spoken.
Article
Forty-Four
The state shall
devise and implement effective programs to create and foster balanced education
for women,
improve education of nomads as well as eliminate illiteracy in the country.
Article
Forty-Five
The state shall
devise and implement a unified educational curricula based on the tenets of the
sacred religion
of Islam, national culture as well as academic principles, and develop
religious
subjects
curricula for schools on the basis of existing Islamic sects in Afghanistan.
Article
Forty-Six
Establishing
and administering higher, general and specialized educational institutions
shall be
the duty of the
state. The citizens of Afghanistan shall establish higher, general and
specialized
educational as
well as literacy institutions with permission of the state. The state shall
permit
foreign
individuals to establish higher, general and specialized institutions in
accordance with
the provisions
of the law. Admission terms to higher educational institutes of the state and
other related
matters shall be regulated by law.
Article
Forty-Seven
The state shall
devise effective programs for fostering knowledge, culture, literature and
arts.
The state shall
guarantee the copyrights of authors, inventors and discoverers, and, shall
encourage and
protect scientific research in all fields, publicizing their results for
effective use in
accordance with
the provisions of the law.
Article
Forty-Eight
Work is the
right of every Afghan. Working hours, paid holidays, employment and employee
rights and
related matters shall be regulated by the law. Choice of occupation and craft
shall be
free within the
bounds of law.
Article
Forty-Nine
Forced labor
shall be forbidden. Active participation in times of war, disaster, and other
situations that
threaten public life and comfort shall be among the national duties of every
Afghan. Forced
labor on children shall not be allowed.
Article
Fifty
The state shall
adopt necessary measures to create a healthy administration and realize reforms
in the
administrative system of the country. The administration shall perform its
duties with
complete
neutrality and in compliance with the provisions of the laws. The citizens of
Afghanistan
shall have the right of access to information from state departments in
accordance
with the
provisions of the law. This right shall have no limit except when harming
rights of
others as well
as public security. The citizens of Afghanistan shall be recruited by the state
on
the basis of
ability, without any discrimination, according to the provisions of the law.
Islamic
Republic of Afghanistan The Constitution
Article
Fifty-One
Any individual
suffering damage without due cause from the administration shall deserve
compensation,
and shall appeal to a court for acquisition. Except in conditions stipulated by
law, the state
shall not, without the order of an authoritative court, claim its rights.
Article
Fifty-Two
The state shall
provide free preventative healthcare and treatment of diseases as well as
medical
facilities to
all citizens in accordance with the provisions the law. Establishment and
expansion
of private
medical services as well as health centers shall be encouraged and protected by
the
state in
accordance with the provisions of the law. The state shall adopt necessary
measures to
foster healthy
physical education and development of the national as well as local sports.
Articles
Fifty-Three
The state shall
adopt necessary measures to regulate medical services as well as financial aid
to
survivors of
martyrs and missing persons, and for reintegration of the disabled and
handicapped
and their
active participation in society, s in accordance with provisions of the law.
The state
shall guarantee
the rights of retirees, and shall render necessary aid to the elderly, women
without
caretaker, disabled and handicapped as well as poor orphans, in accordance with
provisions of
the law.
Article
Fifty-Four
Family is the
fundamental pillar of the society, and shall be protected by the state. The
state
shall adopt
necessary measures to attain the physical and spiritual health of the family,
especially of
the child and mother, upbringing of children, as well as the elimination of
related
traditions
contrary to the principles of the sacred religion of Islam.
Article
Fifty-Five
Defending the
country shall be the duty of all citizens of Afghanistan. Conditions for
compulsory
military service shall be regulated by law.
Article
Fifty-Six
Observance of
the provisions of the constitution, obedience of laws and respect of public
order
and security
shall be the duty of all citizens of Afghanistan. Ignorance of the laws shall
not be
considered an
excuse.
Article
Fifty-Seven
The state shall
guarantee the rights and liberties of foreign citizens in Afghanistan in
accordance
with the law.
These people shall be obliged to respect the laws of the state of Afghanistan
within
the limits of
the provisions of international law.
Article
Fifty-Eight
To monitor
respect for human rights in Afghanistan as well as to foster and protect it,
the state
shall establish
the Independent Human Rights Commission of Afghanistan. Every individual
shall complain
to this Commission about the violation of personal human rights. The
Commission
shall refer human rights violations of individuals to legal authorities and
assist
them in defense
of their rights. Organization and method of operation of the Commission shall
be regulated by
law.
Article
Fifty-Nine
No individual
shall be allowed to manipulate the rights and liberties enshrined in this
Constitution
and act against independence, territorial integrity, sovereignty as well as
national
unity.
Chapter Three: The President
Article
Sixty
The President
shall be the head of state of the Islamic Republic of Afghanistan, executing
his
authorities in
the executive, legislative and judiciary fields in accordance with the
provisions of
this
Constitution. The President shall have two Vice-Presidents, first and second.
The
Presidential
candidate shall declare to the nation names of both vice presidential running
mates.
In case of
absence, resignation or death of the President, the first Vice-President shall
act in
accordance with
the provisions of this Constitution. In the absence of the first
Vice-President,
the second
Vice-President shall act in accordance with the provisions of this
Constitution.
Article
Sixty-One
The President
shall be elected by receiving more than fifty percent of votes cast by voters
through free,
general, secret and direct voting. The presidential term shall expire on 1st of
Jawza
of the fifth
year after elections. Elections for the new President shall be held within
thirty to
sixty days
prior to the end of the presidential term. If in the first round none of the
candidates
gets more than
fifty percent of the votes, elections for the second round shall be held within
two
weeks from the
date election results are proclaimed, and, in this round, only two candidates
who
have received
the highest number of votes in the first round shall participate. In case one
of the
presidential
candidates dies during the first or second round of voting or after elections,
but
prior to the
declaration of results, re-election shall be held according to provisions of
the law.
Article
Sixty-Two
The individual
who becomes a presidential candidate shall have the following qualifications:
1. Shall be a
citizen of Afghanistan, Muslim, born of Afghan parents and shall not be
a citizen of
another country;
2. Shall not be
less than forty years old the day of candidacy;
3. Shall not
have been convicted of crimes against humanity, a criminal act or
deprivation of
civil rights by court.
No individual
shall be elected for more than two terms as President. The provision of this
article
shall also
apply to Vice-Presidents.
Article
Sixty-Three
Before assuming
office, the President shall take, in accordance with special procedures set by
law, the
following oath of allegiance:
“In the name of
God, Most Gracious, Most Merciful, I swear by the name of God Almighty that I
shall obey and
protect the Holy religion of Islam, respect and supervise the implementation of
the
Constitution as well as other laws, safeguard the independence, national
sovereignty and
territorial
integrity of Afghanistan, and, in seeking God Almighty’s help and support of
the
nation, shall
exert my efforts towards the prosperity and progress of the people of
Afghanistan.”
Article
Sixty-Four
The President
shall have the following authorities and duties:
1. Supervise
the implementation of the Constitution;
2. Determine
the fundamental lines of the policy of the country with the approval of
the National
Assembly;
3. Being the
Commander in Chief of the armed forces of Afghanistan;
4. Declare war
and peace with the endorsement of the National Assembly;
5. Take
necessary decisions to defend territorial integrity and preserve
independence;
6. Dispatch
armed forces units outside of Afghanistan with the endorsement of the
National
Assembly;
7. Convene the
Loya Jirga except in the situation prescribed in Article 69 of this
Constitution;
8. Proclaim as
well as terminate the state of emergency with the endorsement of the
National
Assembly;
9. Inaugurate
the sessions of National Assembly and Loya Jirga.
10. Accept the
resignations of vice-presidents of the Republic;
Islamic
Republic of Afghanistan The Constitution
11. Appoint the
Ministers, the Attorney General, the Head of the Central Bank, the
National
Security Director as well as the Head of the Red Cross with the
endorsement of
the House of People, and their dismissal and acceptance of
resignation;
12. Appoint the
Justice of the Supreme Court as well as justices of the Supreme Court
with the
endorsement of the House of People;
13. Appointing,
retiring and accepting the resignation and dismissal of judges,
officers of the
armed forces, police, national security as well as high ranking
officials
according to the provisions of law;
14. Appoint
heads of political representatives of Afghanistan to foreign states as well
as
international organizations;
15. Accept
credentials of foreign political representatives in Afghanistan;
16. Endorse
laws as well as judicial decrees;
17. Issue
credential letter for conclusion of international treaties in accordance with
the provisions
of the law;
18. Reduce and
pardon penalties in accordance with the provisions of the law;
19. Bestow
medals, insignias as well as honorary titles in accordance with the
provisions of
the law;
20. Establish
commissions to improve the administration of the country in
accordance with
the provisions of the law;
21. Perform
other authorities and duties enshrined in this Constitution.
Article
Sixty-Five
On important
national, political, social as well as economic issues the President can call
for a
referendum of
the people of Afghanistan. The referendum shall not be contrary to the
provisions of
this Constitution or require its amendment.
Article
Sixty-Six
The President
shall take into consideration the supreme interests of the people of
Afghanistan to
enforce the
authorities enshrined in this Constitution. The President shall not sell or
bestow
state properties
without the provision of the law. During the term of office, the Presidential
position shall
not be used for linguistic, sectarian, tribal, and religious as well as party
considerations.
Article
Sixty-Seven
In case of
resignation, impeachment or death of the President, as well as an incurable
illness
impeding
performance of duty, the First Vice-President shall assume authorities and
duties of
the President.
The President shall personally tender resignation to the National Assembly.
Affirmation of
an incurable illness shall be verified by an authoritative medical team
assigned
by the Supreme
Court. In such cases, elections for the new President shall be held within
three
months in
accordance with Article Sixty-One of the Constitution. The First
Vice-President, in
acting as
interim President, shall not perform the following duties:
1. Amend the
Constitution;
2. Dismiss
ministers;
3. Call a
referendum.
The
Vice-Presidents can according to the provisions of this Constitution, nominate
themselves
as presidential
candidates. In the absence of the President, the duties of the First
Vice-President
shall be
determined by the President.
Article
Sixty-Eight
In case any of
the Vice-Presidents resign or die, another person shall be appointed by the
President with
the endorsement of the House of the People. In case of simultaneous death of
the President
and the First Vice-President, the Second Vice-President, the President of the
House of
Elders, the President of the House of Representatives and the Foreign Minister
shall
succeed
respectively and, in that order, and, according to Article Sixty-Seven of this
Constitution,
shall assume the duties of the President.
Article
Sixty-Nine
The President
shall be responsible to the nation as well as the House of People in accordance
with the
provisions of this Article. Accusations of crimes against humanity, national
treason as
well as a crime
against the President shall be demanded by one third of all members of the
House of
People. If this demand is approved by two thirds of the House of People, the
House of
People shall
convene the Loya Jirga within one month.
If the Loya
Jirga, by two-thirds majority, approves the accusation, the President shall be
released from
duty and the issue shall be referred to a special court, which shall be
comprised of
the President
of the House of Elders, three members of the House of People, and three members
of the Supreme
Court appointed by the Loya Jirga. The case shall be presented by the
individual
appointed by
the Loya Jirga. In such a situation the provisions of Article Sixty-Seven of
this
Constitution
shall be applied.
Article
Seventy
The salary and
expenses of the President shall be regulated by law. The President, after
completion of
his term of service, except when dismissed, shall be entitled to financial
benefits
of the
presidency for the rest of his life in accordance with the law.
Chapter Four: Government
Article
Seventy-One
The Government
shall be comprised of Ministers who work under the chairmanship of the
President. The
number of Ministers as well as their duties shall be regulated by law.
Article
Seventy-Two
The individual
appointed as Minister shall have the following qualifications:
1. Shall have
only the citizenship of Afghanistan; if the ministerial candidate has the
citizenship of
another country as well, the House of People shall have the right to
approve or
reject the nomination;
2. Shall have
higher education, work experience as well as a good reputation;
3. Shall not be
less than thirty five years of age;
4. Shall not
have been convicted of crimes against humanity, a criminal act or
deprivation of
civil rights by a court.
Article
Seventy-Three
The Ministers
shall be appointed from amongst members of the National Assembly or outside.
If a member of
the National Assembly is appointed as Minister, that individual loses
membership in
the National Assembly and instead, another individual shall be appointed in
accordance with
the provisions of the law.
Article
Seventy-Four
Before assuming
office, the Ministers shall take the following oath in the presence of the
President:
“In the name of
God, Most Gracious, Most Merciful, I swear in the name of God Almighty that I
shall protect
the Holy religion of Islam, respect the Constitution and other laws of
Afghanistan,
safeguard the
rights of citizens as well as independence, territorial integrity and the
national
unity of the
people of Afghanistan, and, in all my deeds consider the Almighty’s presence,
performing the
entrusted duties honestly.”
Article
Seventy-Five
The Government
shall have the following duties:
1. Execute the
provisions of this Constitution, other laws, as well as the final
decisions of
the courts;
2. Preserve the
independence, defend the territorial integrity and safeguard the
interests and
prestige of Afghanistan in the international community;
3. Maintain
public law and order and eliminate every kind of administrative
corruption;
4. Prepare the
budget, regulate financial conditions of the state as well as protect
public wealth;
5. Devise and
implement social, cultural, economic and technological development
programs;
6. Report to
the National Assembly, at the end of the fiscal year, about the tasks
achieved as
well as important programs for the new fiscal year;
7. Perform
other duties that, in accordance with this Constitution and other laws,
fall within the
Government responsibilities.
Article
Seventy-Six
To implement
the fundamental lines of the policy of the country and regulate its duties, the
government
shall devise as well as approve regulations, which shall not be contrary to the
body
or spirit of
any law.
Article
Seventy-Seven
The Ministers
shall perform their duties as heads of administrative units within the
framework
of this
Constitution as well as other laws prescribe. The Ministers shall be
responsible to the
President and
House of Representatives for their specified duties.
Article
Seventy-Eight
If a Minister
is accused of crimes against humanity, national treason or other crimes, the
case,
in accordance
with Article One Hundred Thirty Four of this Constitution, shall be submitted
to a
special court.
Article
Seventy-Nine
During the
recess of the House of Representatives, the Government shall, in case of an
immediate need,
issue legislative decrees, except in matters related to budget and financial
affairs.
Legislative decrees, after endorsement by the President, shall acquire the
force of law.
Legislative
decrees shall be presented to the National Assembly within thirty days of
convening
its first
session, and if rejected by the National Assembly, they become void.
Article
Eighty
During their
tour of duty, the Ministers shall not use their positions for linguistic,
sectarian,
tribal,
religious or partisan purposes.
Chapter Five: National Assembly
Article
Eighty-One
The National
Assembly of the Islamic Republic of Afghanistan, as the highest legislative
organ,
shall manifest
the will of its people as well as represent the entire nation.
Every member of
the Assembly, when voting, shall judge according to the general interests as
well as the
supreme benefits of the people of Afghanistan.
Article
Eighty-Two
The National
Assembly consists of two houses: House of People and House of Elders.
No individual
shall be a member of both houses at the same time.
Article
Eighty-Three
Members of the
House of People shall be elected by the people through free, general, secret
and
direct
balloting. The work period of the House of People shall terminate, after the
disclosure of
the results of
the elections, on the 1st of Saratan of the fifth year and the new parliament
shall
commence work.
The elections for members of the House of People shall be held 30-60 days
prior to the
expiration of the term of the House of People.
The number of
the members of the House of People shall be proportionate to the population of
each
constituency, not exceeding the maximum of two hundred fifty individuals.
Electoral
constituencies
as well as other related issues shall be determined by the elections law. The
elections law
shall adopt measures to attain, through the electorate system, general and fair
representation
for all the people of the country, and proportionate to the population of every
province, on
average, at least two females shall be the elected members of the House of
People
from each
province.
Article
Eighty-Four
Members of the
House of Elders shall be elected and appointed as follows:
1. From amongst
each provincial council members, one individual shall be elected
by the
respective council for a four year term;
2. From amongst
district councils of each province, one individual, elected by the
respective
councils, for a three year term;
3. The
remaining one third of the members shall be appointed by the President, for a
five year term,
from amongst experts and experienced personalities, including two
members from amongst
the impaired and handicapped, as well as two from
nomads.
The President
shall appoint fifty percent of these individuals from amongst women. The
individual
selected as a member of the House of Elders shall lose membership to the
related
Council, and,
another individual shall be appointed in accordance with the provisions of the
law.
Article
Eighty-Five
The individual
who becomes a candidate or appointed to the membership of the National
Assembly, in
addition to the completion of the conditions of the election, shall have the
following
qualifications:
1. Shall be a
citizen of Afghanistan or shall have obtained citizenship of the state of
Afghanistan at
least ten years prior to candidacy date or appointment;
2. Shall not
have been convicted of crimes against humanity, as well as a crime or
deprivation
from civil rights by a court;
3. Shall have
completed twenty-five years of age on candidacy day for the House of
People, and
thirty-five years on candidacy day or appointment for the House of
Elders.
Article
Eighty-Six
Elections
credentials of members of the National Assembly shall be reviewed by the
Independent
Elections Commission in accordance with the provisions of the law.
Article
Eighty-Seven
Each of the two
houses of the National Assembly, at the commencement of their work period,
shall elect one
member as president for the term of the legislature, and two members as first
and
second deputies
and two members as secretary and assistant secretary for a period of one year.
These
individuals shall form the administrative teams of the House of People as well
as House of
Elders. Duties
of the administrative teams shall be determined by the Regulations on Internal
Duties of each
house.
Article
Eighty-Eight
Each of the two
houses of the National Assembly shall form commissions to study issues under
discussion in
accordance with the Regulations of Internal Duties.
Article
Eighty-Nine
The House of
People shall have the authority to establish a special commission, on the
proposal
of one third of
its members, to review as well as investigate the actions of the Government.
The
composition and
method of operation of the aforementioned commission shall be determined
by the
Regulations on Internal Duties.
Article
Ninety
The National
Assembly shall have the following duties:
1.
Ratification, modification or abrogation of laws or legislative decrees;
2. Approval of
social, cultural, economic as well as technological development
programs;
3. Approval of
the state budget as well as permission to obtain or grant loans;
4. Creation,
modification and or abrogation of administrative units;
5. Ratification
of international treaties and agreements, or abrogation of
membership of
Afghanistan in them;
6. Other authorities
enshrined in this Constitution.
Article
Ninety-One
The House of
People shall have the following special authorities:
1. Decide about
elucidation session from each Minister in accordance with Article
Ninety-Two of
this Constitution;
2. Decide on
the development programs as well as the state budget;
3. Approve or
reject appointments according to provisions of this Constitution.
Article
Ninety-Two
The House of
People, on the proposal of twenty percent of all its members, shall make
inquiries
from each
Minister. If the explanations given are not satisfactory, the House of People
shall
consider the
issue of a no- confidence vote. The no- confidence vote on a Minister shall be
explicit, direct,
as well as based on convincing reasons. The vote shall be approved by the
majority of all
members of the House of People.
Article
Ninety-Three
Any commission
of both houses of the parliament can question any Minister about special
issues. The
individual questioned shall provide an oral or written response.
Article
Ninety-Four
Law shall be
what both houses of the National Assembly approve and the President endorses,
unless this
Constitution states otherwise. In case the President rejects what the National
Assembly has
approved, the President shall send it back, within fifteen days from the date
it was
presented, to
the House of People mentioning the reasons for rejection, and, with expiration
of
the period or
if the House of People re-approves it with two thirds of all the votes, the
draft shall
be considered
endorsed and enforceable.
Article
Ninety-Five
The proposal
for drafting laws shall be made by the Government or members of the National
Assembly or, in
the domain of regulating the judiciary, by the Supreme Court, through the
Government.
Proposals for drafting the budget and financial affairs laws shall be made only
by
the Government.
Article
Ninety-Six
If the proposal
for drafting a law includes imposition of new taxes or reduction of state
incomes,
it shall be
included in the work agenda of the National Assembly on condition the
compensation
source shall
also be forecasted in the text of the proposal.
Article
Ninety-Seven
Proposals for
drafting laws shall be first submitted to the House of People by the
government.
The House of
People shall consider the draft laws, including budgetary and financial affairs
as
well as the
proposal for obtaining or granting loans, and, after debate, either approve or
reject as
a whole. The
House of People shall not delay more than one month the draft proposal. The
House of
People, after approving the proposed draft, shall send it to the House of the
Elders.
The House of
Elders shall decide on it within fifteen days. In deciding about the proposed
laws,
the National
Assembly shall give priority to treaties and development programs of the state
that,
according to
the proposal of the government, require urgent consideration. If the proposal
for
drafting a law
is made by ten members of either of the two houses, it shall be, after approval
of
one fifth of
the House where it was initiated, included in the work agenda of that House.
Article
Ninety-Eight
The state
budget and development program of the government shall be submitted, through
the
House of Elders
to the House of People along with its advisory views.
The decision of
the House of People shall be implemented without presentation to the House of
Elders, after
endorsement by the President. If for some reasons the budget is not approved
before the
beginning of the new fiscal year, the budget of the year before shall be
applied
pending the
passage of the new budget. The Government shall present during the fourth
quarter of the
financial year the budget for the next year, with the brief account of the
current
year budget, to
the National Assembly. The precise account of the previous year financial
budget shall be
presented to the National Assembly during the next six months according to the
provisions of
the law. The House of People shall not delay approval of the budget for more
than
one month after
receiving it and give permission to obtain or grant loans not included in the
budget, for
more than fifteen days.
If the House of
People during this period does not decide on obtaining or granting loans, the
proposal shall
be considered approved.
Article
Ninety-Nine
If, during the
sessions of the National Assembly, the annual budget, or development program,
or
issues related
to national security, territorial integrity and independence of the country is
under
discussion, the
sessions of the Assembly shall not end pending decision of the matter.
Article
One Hundred
If one House
rejects decisions of the other, a joint commission comprised of an equal number
of
members from
each House shall be formed to solve the difference. The decision of the
commission,
after endorsement by the President, shall be enforced. If the joint commission
does
not solve the
difference, the decision shall be considered rejected. In such situation, the
House
of People shall
pass it with two-thirds majority in its next session. This decision, without
submission to
the House of Elders, shall be promulgated once endorsement by the President.
Article
One Hundred One
No member of
the National Assembly shall be legally prosecuted for reasons of voting or
views
expressed
during performance of duty.
Article
One Hundred Two
If a member of
the National Assembly is accused of a crime, the responsible official shall
inform
the House of
which the accused is a member, and the accused shall be legally prosecuted. In
case of an
evident crime, the responsible official shall legally pursue and arrest the
accused
without the
permission of the House of which the accused is a member.
In both cases,
if the legal prosecution requires detention, the responsible official shall
immediately
inform the respective House and obtain its approval. If the accusation takes
place
during an
Assembly recess, the permission for arrest or detention shall be obtained from
the
administrative
board of the respective House, and the issue shall be referred to the first
session
of the
aforementioned House for decision.
Article
One Hundred Three
The Ministers
can participate in the sessions of either House of the National Assembly.
Either
House of the
National Assembly can demand the participation of the Ministers in its session.
Article
One Hundred Four
Both Houses of
the National Assembly shall convene their sessions concurrently, but
separately.
Sessions of the two Houses shall be held jointly under the following
circumstances:
1. When the
legislative term or annual sessions are inaugurated by the President;
2. When deemed
necessary by the President.
The President
of the House of People shall preside over the joint sessions of the National
Assembly.
Article
One Hundred Five
The sessions of
the National Assembly shall be open unless the President of the Assembly or at
least ten
members of the National Assembly request their secrecy and the Assembly grants
their
request. No one
shall enter the National Assembly building by force.
Article
One Hundred Six
The quorum for
voting of each House of the National Assembly shall be complete with the
majority presence
of members and decisions shall be taken with the majority of votes of
members
present, unless this Constitution states otherwise.
Article
One Hundred Seven
The National
Assembly shall hold two regular sessions annually. The term of both regular
sessions shall
be nine months every year, and when needed, the Assembly shall extend its term.
Extraordinary
sessions of the Assembly during recess shall be convened by Presidential order.
Article
One Hundred Eight
In cases of
death, resignation, and dismissal of a member of the National Assembly or
disability
or handicap,
which impedes permanent performance of duty, the placement of the new
representative
for the remaining period of the legislative term shall be in accordance with
provisions of
the law. Matters related to the presence and absence of members of the National
Assembly shall
be regulated by the Internal Duties Statute.
Article
One Hundred Nine
Proposals for
amending elections law shall not be included in the work agenda of the National
Assembly during
the last year of the legislative term.
Chapter Six: Loya Jirga
Article
One Hundred Ten
The Loya Jirga
is the highest manifestation of the will of the people of Afghanistan. The Loya
Jirga consists
of:
1. Members of
the National Assembly;
2. Presidents
of the provincial as well as district assemblies.
Ministers,
Chief Justice and members of the Supreme Court as well as the attorney general
shall
participate in
the Loya Jirga sessions without voting rights.
Article One
Hundred Eleven
The Loya Jirga
shall convene in the following situations:
1. To decide on
issues related to independence, national sovereignty, territorial
integrity as
well as supreme national interests;
2. Amend
provisions of this Constitution;
3. Impeach the
President in accordance with the provisions of Article Sixty Nine of
the
Constitution.
Article
One Hundred Twelve
In its first
session, the Loya Jirga shall elect, from amongst its members, a Chairperson, a
Deputy-Chair,
and a Secretary and an Assistant Secretary.
Article One
Hundred Thirteen
The quorum of
the Loya Jirga shall be complete for voting with the presence of the majority
of
members. The
decision of the Loya Jirga, except in situations explicitly stated in this
Constitution,
shall be adopted by a majority of members present.
Article One Hundred
Fourteen
Sessions of the
Loya Jirga shall be open unless one fourth of its membership demand secrecy,
and the Loya
Jirga accept this demand.
Article One
Hundred Fifteen
During the
sessions of the Loya Jirga, provisions of Articles One Hundred One and One
Hundred Two of
this Constitution shall be applied to its members.
Islamic
Republic of Afghanistan The Constitution
Chapter Seven: The Judiciary
Article
One Hundred Sixteen
The judiciary
shall be an independent organ of the state of the Islamic Republic of
Afghanistan.
The judiciary
shall be comprised of one Supreme Court, Courts of Appeal as well as Primary
Courts whose
organization and authority shall be regulated by law. The Supreme Court shall
be
the highest
judicial organ, heading the judicial power of the Islamic Republic of
Afghanistan.
Article One
Hundred Seventeen
The Supreme
Court shall be comprised of nine members, appointed by the President and with
the endorsement
of the House of People, and in observance of the provisions of clause three of
Article Fifty
as well as Article One Hundred Eighteen of this Constitution, shall be
initially
appointed in
the following manner:
Three members
for a period of four years, three members for seven years, and three members
for ten years.
Later appointments shall be for period of ten years. Appointment of members for
a
second term
shall not be permitted.
The President
shall appoint one of its members as Chief Justice of the Supreme Court.
Members of the
Supreme Court, except under circumstances stated in Article One Hundred
Twenty Seven of
this Constitution, shall not be dismissed till the end of their term.
Article
One Hundred Eighteen
Supreme Court
members shall have the following qualifications:
1. At time of
appointment the age of the Chief Justice of the Supreme Court and its
members shall
not be less than forty year.
2. Shall be a
citizen of Afghanistan.
3. Shall have
higher education in legal studies or Islamic jurisprudence as well as
expertise and
adequate experience in the judicial system of Afghanistan.
4. Shall have
good character as well as good reputation.
5. Shall not
have been convicted, by a court, for crimes against humanity, crimes, or
deprivation of
civil rights.
6. Shall not be
a member of any political party during his term of duty.
Article
One Hundred Nineteen
Members of the
Supreme Court shall take the following oath of office in the presence of the
President:
“In the of God,
Most Gracious, Most Merciful, I swear in the name of God Almighty to attain
justice and
righteousness in accordance with tenets of the Holy religion of Islam,
provisions of
this
Constitution as well as other laws of Afghanistan, and to execute the judicial
duty with
utmost honesty,
righteousness and impartiality.”
Article
One Hundred Twenty
The authority
of the judicial organ shall include consideration of all cases filed by real or
incorporeal
persons, including the state, as plaintiffs or defendants, before the court in
accordance with
the provisions of the law.
Article
One Hundred Twenty-One
At the request
of the Government, or courts, the Supreme Court shall review the laws,
legislative
decrees,
international treaties as well as international covenants for their compliance
with the
Constitution
and their interpretation in accordance with the law.
Article
One Hundred Twenty-Two
No law shall,
under any circumstances, exclude any case or area from the jurisdiction of the
judicial organ
as defined in this chapter and submit it to another authority. This provision
shall
not prevent
formation of special courts stipulated in Articles Sixty- Nine, Seventy-Eight
and One
Hundred Twenty
Seven of this Constitution, as well as cases related to military courts. The
organization
and authority of these courts shall be regulated by law.
Article
One Hundred Twenty-Three
With respect to
the provisions of this Constitution, statutes related to the formation,
authority,
as well as
proceedings of courts and matters related to judges, shall be regulated by law.
Article
One Hundred Twenty-Four
Provision of
Laws related to civil servants as well as other administrative staff of the
state shall
also apply to
the officials and the administrative personnel of the judiciary; but the
Supreme
Court in
accordance with the law shall regulate their appointment, dismissal, promotion,
retirement,
rewards and punishments.
Article
One Hundred Twenty-Five
The budget of
the judiciary shall be prepared by the Supreme Court in consultation with the
Government, and
shall be presented to the National Assembly as part of the national budget.
The Supreme
Court shall implement the budget of the judiciary.
Article
One Hundred and Twenty-Six
Supreme Court
judges shall receive lifetime pensions at the end of their term of service
provided
they do not
hold state and political offices.
Article
One Hundred Twenty-Seven
If more than
one third of the members of the House of People demand the trial of the Chief
Justice of the
Supreme Court or any of its members accused of a crime related to job
performance or
committing a crime, and, the House of People approves this demand by two
thirds majority
of all members, the accused shall be dismissed and the issue referred to a
special
court. The
formation of the court and procedure of the trial shall be regulated by law.
Article
One Hundred Twenty-Eight
In the courts
in Afghanistan, trials shall be held openly and every individual shall have the
right
to attend in
accordance with the law. In situations clarified by law, the court shall hold
secret
trials when it
considers necessary, but pronouncement of its decision shall be open in all
cases.
Article One
Hundred Twenty-Nine
In issuing
decision, the court is obligated to state the reason for its verdict. All final
decisions of
the courts
shall be enforced, except for capital punishment, which shall require
Presidential
approval.
Article
One Hundred Thirty
In cases under
consideration, the courts shall apply provisions of this Constitution as well
as
other laws. If
there is no provision in the Constitution or other laws about a case, the
courts
shall, in
pursuance of Hanafi jurisprudence, and, within the limits set by this
Constitution, rule
in a way that
attains justice in the best manner.
Article
One Hundred Thirty-One
The courts
shall apply the Shia jurisprudence in cases involving personal matters of
followers of
the Shia sect
in accordance with the provisions of the law. In other cases, if no
clarification in
this
Constitution and other laws exist, the courts shall rule according to laws of
this sect.
Article
One Hundred Thirty-Two
Judges are
appointed at the proposal of the Supreme Court and approval of the President.
Appointment,
transfer, promotion, punishment and proposals for retirement of judges, carried
out according
to provisions of the laws, shall be within the authority of the Supreme Court.
To
better regulate
judicial as well as judicial administrative matters and attain necessary
reforms,
the Supreme
Court shall establish the Office of General Administration of the Judiciary.
Article
One Hundred Thirty-Three
When a judge is
accused of a crime, the Supreme Court shall, in accordance with the provisions
of the law,
consider the case. After hearing the defense, if the Supreme Court considers
the
accusation
valid, it shall present a proposal to the President for dismissal of the judge.
After
Presidential
approval, the accused judge shall be dismissed and punished according to the
provisions of
the law.
Article
One Hundred Thirty-Four
Discovery of
crimes shall be the duty of police, and investigation and filing the case
against the
accused in the
court shall be the responsibility of the Attorney’s Office, in accordance with
the
provisions of
the law. The Attorney’s Office shall be part of the Executive organ and shall
be
independent in
its performance. The organization, authority as well as method of work of the
Attorney’s
Office shall be regulated by law. Special law shall regulate discovery and
investigation
of crimes of duty by the armed forces, police and officials of national
security.
Article
One Hundred Thirty-Five
If a party in
lawsuit does not know the language, the right to know the materials and documents
of the case as
well as conversation in the court, shall be provided in the party’s mother
tongue
through a
translator appointed by the court.
Chapter Eight: Administration
Article
One Hundred Thirty-Six
The
administration of the Islamic Republic of Afghanistan, based on the units of
the central
government and
local offices, shall be regulated according to the law. The central
administration
shall be divided into several administrative units, each headed by a Minister.
The local
administrative unit shall be a province. The number, area, divisions and
related
provincial
organizations as well as number of offices shall be regulated on the basis of
population,
social and economic conditions, as well as geographical location.
Article
One Hundred Thirty-Seven
The government,
in preserving the principles of centralism, shall transfer necessary powers, in
accordance with
the law, to local administrations in order to accelerate and improve economic,
social as well
as cultural matters, and foster peoples’ participation in developing national
life.
Article
One Hundred Thirty-Eight
There shall be
a provincial council in every province. Members of the provincial councils
according to
law, shall be elected for four years by the residents of the province,
proportionate to
the population,
through free, general, secret as well as direct elections. The provincial
council
shall elect one
of its members as President.
Article
One Hundred Thirty-Nine
The provincial
council shall participate in the attainment of the development objectives of
the
state and
improvement of the affairs of the province in the manner prescribe by laws, and
shall
advise the
provincial administrations on related issues. The provincial assembly council
shall
perform its
duties with the cooperation of the provincial administration.
Article
One Hundred Forty
Councils shall
be established to organize activities as well as attain active participation of
the
people in
provincial administrations in districts and in villages, in accordance with the
provisions of
the law. Local residents shall elect members of these councils for three years
through free,
general, secret as well as direct elections. Participation of nomads in these
local
councils shall
be regulated in accordance with the provisions of the law.
Article
One Hundred Forty-One
To administer
city affairs, municipalities shall be established. The mayor and members of
municipal
councils shall be elected through free, general, secret and direct elections.
Matters
related to
municipalities shall be regulated by law.
Article
One Hundred Forty-Two
To implement
the provisions as well as attain values enshrined in this Constitution, the
state
shall establish
necessary offices.
Chapter Nine: State of Emergency
Article
One Hundred Forty-Three
If because of
war, threat of war, serious rebellion, natural disasters or similar conditions,
protection of
independence and national life become impossible through the channels specified
in this
Constitution, the state of emergency shall be proclaimed by the President,
throughout the
country or part
thereof, with endorsement of the National Assembly. If the state of emergency
continues for
more than two months, the consent of the National Assembly shall be required
for
its extension.
Article
One Hundred Forty-Four
During the
state of emergency, the President can, in consultation with the presidents of
the
National
Assembly as well as the Chief Justice of the Supreme Court, transfer some
powers of
the National
Assembly to the government.
Article
One Hundred Forty-Five
During the
state of emergency, the President can, after approval by the presidents of the
National
Assembly as well as the Chief Justice of the Supreme Court, suspend the
enforcement
of the
following provisions or place restrictions on them:
1. Clause Two
of Article Twenty-Seven;
2. Article
Thirty-Six;
3. Clause Two
of Article Thirty-Seven;
4. Clause Two
of Article Thirty-Eight.
Article
One Hundred Forty-Six
The
Constitution shall not be amended during the state of emergency.
Article One
Hundred Forty-Seven
If the
presidential term or the legislative term of the National Assembly expires
during the state
of emergency,
the new general elections shall be postponed, and the presidential as well as
parliamentary
terms shall extend up to four months. If the state of emergency continues for
more than four
months, the President shall call the Loya Jirga. Within two months after the
termination of
the state of emergency, elections shall be held.
Article
One Hundred Forty-Eight
At the
termination of the state of emergency, measures adopted under Article One
Hundred
Forty-Four and
One Hundred Forty-Five of this Constitution shall be void immediately.
Chapter Ten: Amendments
Article
One Hundred Forty-Nine
The principles
of adherence to the tenets of the Holy religion of Islam as well as Islamic
Republicanism
shall not be amended. Amending fundamental rights of the people shall be
permitted only
to improve them. Amending other articles of this Constitution, with due respect
to new
experiences and requirements of the time, as well as provisions of Articles
Sixty-Seven
and One Hundred
Forty-Six of this Constitution, shall become effective with the proposal of the
President and
approval of the majority of National Assembly members.
Article
One Hundred Fifty
To process the
amendment proposals, a commission comprised of members of the Government,
National
Assembly as well as the Supreme Court shall be formed by presidential decree to
prepare the
draft proposal. To approve the amendment, the Loya Jirga shall be convened by a
Presidential
decree in accordance with the provisions of the Chapter on Loya Jirga. If the
Loya
Jirga approves
the amendment with the majority of two thirds of its members, the President
shall enforce
it after endorsement.
Chapter Eleven: Miscellaneous Provisions
Article
One Hundred Fifty-One
The President,
Vice-Presidents, Ministers, Chief Justice and members of the Supreme Court, the
Attorney
General, Heads of the Central Bank and National Directorate of Security,
Governors
and Mayors,
during their term of offices, shall not engage in any profitable business with
the
state.
Article
One Hundred Fifty-Two
The President,
Vice-Presidents, Ministers, Chief Justice and members of the Supreme Court,
Presidents and
members of the National Assembly, the Attorney General and judges shall not
engage in other
jobs during their term of office.
Article
One Hundred Fifty-Three
Judges,
Attorneys, Officers of the Armed Forces, Police and officials of the National
Security
shall not
become members of political parties during their term of office.
Article
One Hundred Fifty-Four
The wealth of
the President, Vice-Presidents, Ministers, members of the Supreme Court as well
as the Attorney
General, shall be registered, reviewed and published prior to and after their
term of office
by an organ established by law.
Article
One Hundred Fifty-Five
Suitable
salaries shall be fixed for Vice-Presidents, Ministers, Presidents, as well as
members of
the National
Assembly and Supreme Court, judges, and Attorney General in accordance with the
provisions of
the law.
Article
One Hundred Fifty-Six
The Independent
Elections Commission shall be established to administer and supervise every
kind of
elections as well as refer to general public opinion of the people in
accordance with the
provisions of
the law.
Article
One Hundred Fifty-Seven
The Independent
Commission for supervision of the implementation of the Constitution shall be
established in
accordance with the provisions of the law. Members of this Commission shall be
appointed by
the President with the endorsement of the House of People.
Chapter Twelve: Transitional Provisions
Article
One Hundred Fifty-Eight
The title of
the Father of the Nation and privileges bestowed upon His Majesty Mohammad
Zahir Shah, the
former King of Afghanistan, by the Emergency Loya Jirga of one thousand three
hundred and
eighty one (HS), (2002), with due respect to provisions of this Constitution,
shall
be preserved
during his lifetime.
Article
One Hundred Fifty-Nine
The interim
period between the adoption of the Constitution and the inauguration of the
National
Assembly shall be considered the transition period.
The Islamic
Transitional Government of Afghanistan, during the transitional period, shall
perform the
following duties:
1. Issuing
legislative decrees related to elections of the President, National Assembly
as well as
local councils within six months;
2. Issuing
decrees regarding the organization and authority of courts as well as the
commencement of
work on fundamental organizations law in less than one year;
3. Establishing
the Independent Elections Commission;
4. Completing
necessary reforms to better regulate executive as well as judicial
affairs;
5. Adopting
necessary measures to prepare the ground for implementing provisions
of the
Constitution.
Article
One Hundred Sixty
The first
President-Elect shall, according to provisions of this Constitution, commence
work
thirty days
after election results are declared. Multilateral efforts shall be made to hold
presidential as
well as National Assembly elections concurrently and simultaneously. Pending
the
establishment of the National Assembly, its powers, enshrined in this
Constitution, shall be
submitted to
the government, and the interim Supreme Court shall be established by
presidential
decree.
Article
One Hundred Sixty-One
Immediately
after inauguration, the National Assembly shall exercise its powers in
accordance
with the
provisions of this Constitution. After inauguration of the first session of the
National
Assembly,
within thirty days, the government as well as the Supreme Court shall be
inaugurated
in accordance
with the provisions of the Constitution. The President of the Islamic Transitional
Government of
Afghanistan shall perform his duties until the inauguration of the President-
Elect. The
executive and judicial organs of the state, in accordance with Clause Four of
Article
One Hundred
Fifty-Nine of this Constitution, shall continue with their duties pending the
formation of
the government as well as the Supreme Court. Legislative decrees enforced from
the beginning
of the interim period shall be referred to the first session of the National
Assembly. These
decrees shall be enforceable unless annulled by the National Assembly.
Article One
Hundred Sixty-Two
This
Constitution shall be enforced from the date of approval by the Loya Jirga, and
endorsed
and proclaimed
by the President of the Islamic Transitional Government of Afghanistan. Upon
the enforcement
of this Constitution, laws and legislative decrees contrary to its provisions
shall
be invalid.
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