|
THE CONSTITUTION
OF AFGHANISTAN 1963/4
GOVERNMENT OF AFGHANISTAN
THE STATE
THE KING
THE BASIC RIGHTS AND DUTIES OF THE
PEOPLE
THE SHURA (PARLIAMENT)
THE LOYA JIRGA (GREAT COUNCIL)
THE GOVERNMENT
THE JUDICIARY
THE ADMINISTRATION
STATE OF EMERGENCY
AMENDMENT
TRANSITIONAL PROVISIONS
GOVERNMENT OF
AFGHANISTAN
IN THE NAME OF GOD, THE
ALMIGHTY AND THE JUST TO REORGANIZE THE NATIONAL LIFE OF
AFGHANISTAN ACCORDING TO THE REQUIREMENTS OF THE TIMES AND
ON THE BASIS OF THE REALITIES OF NATIONAL HISTORY AND
CULTURE; TO ACHIEVE JUSTICE AND EQUALITY; TO ESTABLISH
POLITICAL, ECONOMIC AND SOCIAL DEMOCRACY; TO ORGANIZE THE
FUNCTIONS OF THE STATE AND ITS BRANCHES TO ENSURE LIBERTY
AND WELFARE OF THE INDIVIDUAL AND THE MAINTENANCE OF THE
GENERAL ORDER; TO ACHIEVE A BALANCED DEVELOPMENT OF ALL
PHASES OF LIFE IN AFGHANISTAN; AND TO FORM, ULTIMATELY, A
PROSPEROUS AND PROGRESSIVE SOCIETY BASED ON SOCIAL
COOPERATION AND PRESERVATION OF HUMAN DIGNITY; WE, THE
PEOPLE OF AFGHANISTAN, CONSCIOUS OF THE HISTORICAL CHANGES
WHICH HAVE OCCURRED IN OUR LIFE AS A NATION AND AS A PART OF
HUMAN SOCIETY, WHILE CONSIDERING THE ABOVE MENTIONED VALUES
TO BE THE RIGHT OF ALL HUMAN SOCIETIES, HAVE, UNDER THE
LEADERSHIP OF HIS MAJESTY MOHAMMED ZAHIR SHAH, THE KING OF
AFGHANISTAN AND THE LEADER OF ITS NATIONAL LIFE, FRAMED THIS
CONSTITUTION FOR OURSELVES AND THE GENERATIONS TO COME.
TITLE ONE
THE STATE
ARTICLE 1
AFGHANISTAN IS A
CONSTITUTIONAL MONARCHY; AN INDEPENDENT, UNITARY AND
INDIVISIBLE STATE. SOVEREIGNTY IN AFGHANISTAN BELONGS TO THE
NATION. THE AFGHAN NATION IS COMPOSED OF ALL THOSE
INDIVIDUALS WHO POSSESS THE CITIZENSHIP OF THE STATE OF
AFGHANISTAN IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.
THE WORD AFGHAN SHALL APPLY TO EACH SUCH INDIVIDUAL.
ARTICLE 2
ISLAM IS THE SACRED
RELIGION OF AFGHANISTAN. RELIGIOUS RITES PERFORMED BY THE
STATE SHALL BE ACCORDING TO THE PROVISIONS OF THE HANAFI
DOCTRINE. NON MUSLIM CITIZENS SHALL BE FREE TO PERFORM THEIR
RITUALS WITHIN THE LIMITS DETERMINED BY LAWS FOR PUBLIC
DECENCY AND PUBLIC PEACE.
ARTICLE 3
FROM AMONGST THE
LANGUAGES OF AFGHANISTAN, PASHTU AND DARI SHALL BE THE
OFFICIAL LANGUAGES.
ARTICLE 4
THE FLAG OF AFGHANISTAN
IS TRI COLOR (BLACK, RED AND GREEN) ALL PIECES JOINED
TOGETHER VERTICALLY FROM LEFT TO RIGHT IN EQUAL PROPORTIONS;
THE BREADTH OF EACH STRIP EQUALLING HALF OF ITS LENGTH,
HAVING IN THE MIDDLE THE INSIGNIA OF THE MEHRAB (AN ARCH IN
A MOSQUE WHERE THE PRAYING CONGREGATION STANDS, FACING THE
KAABA IN MECCA) AND THE MENDER (A MANY TIERED PULPIT PLACED
TO THE RIGHT OF THE METHRAB IN A MOSQUE, FROM WHICH
ADDRESSES ARE DELIVERED) IN WHITE, FLANKED BY TWO FLAGS AND
ENSCONCED IN TWO SHEAVES OF WHEAT.
ARTICLE 5
THE CAPITAL OF
AFGHANISTAN IS THE CITY OF KABUL.
TITLE TWO
THE KING
ARTICLE 6
IN AFGHANISTAN THE KING
PERSONIFIES THE SOVEREIGNTY.
ARTICLE 7
THE KING IS THE PROTECTOR
OF THE BASIC PRINCIPLES OF THE SACRED RELIGION OF ISLAM, THE
GUARDIAN OF AFGHANISTAN'S INDEPENDENCE AND TERRITORIAL
INTEGRITY, THE CUSTODIAN OF ITS CONSTITUTION ARE THE CENTER
OF ITS NATIONAL UNITY.
ARTICLE 8
THE KING SHALL BE AN
AFGHAN NATIONAL, A MUSLIM AND A FOLLOWER OF THE HANAFI
DOCTRINE.
ARTICLE 9
THE KING HAS THE
FOLLOWING RIGHTS AND DUTIES:
1) HOLDS SUPREME COMMAND
OF THE ARMED FORCES OF AFGHANISTAN.
2) DECLARES WAR AND ARMISTICE.
3) SUMMONS AND INAUGURATES THE LOYA JIRGA (GREAT COUNCIL).
4) INAUGURATES THE ORDINARY SESSION OF THE SHURA
(PARLIAMENT),
5) SUMMONS AND INAUGURATES THE EXTRAORDINARY SESSIONS OF THE
SHURA (PARLIAMENT).
6) DISSOLVES THE SHURA (PARLIAMENT) AND DECREES NEW
ELECTIONS, WHICH SHALL BE HELD WITHIN THREE MONTHS FROM THE
DATE OF THE DISSOLUTION OF THE SHURA (PARLIAMENT),
7) SIGNS LAWS AND PROCLAIMS THEIR ENFORCEMENT.
8) ISSUES ORDINANCES,
9) GRANTS CREDENTIALS FOR CONCLUSION OF INTERNATIONAL
TREATIES, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.
10) SIGNS INTERNATIONAL TREATIES,
11) APPOINTS THE PRIME MINISTER AND ACCEPTS HIS RESIGNATION.
APPOINTS MINISTERS ON THE RECOMMENDATION OF THE PRIME
MINISTER AND ACCEPTS THEIR RESIGNATIONS.
12) APPOINTS THE NON ELECTED MEMBERS OF THE MESHRANO JIRGA
(HOUSE OF THE ELDERS) AND APPOINTS ITS PRESIDENT FROM
AMONGST ITS MEMBERS.
13) APPOINTS THE CHIEF JUSTICE AND JUSTICES OF THE SUPREME
COURT.
14) APPOINTS JUDGES AND HIGH RANKING CIVIL AND MILITARY
OFFICIALS AND GRANTS THEM RETIREMENT IN ACCORDANCE WITH THE
PROVISIONS OF THE LAW.
15) ACCREDITS THE HEADS OF AFGHANISTAN'S DIPLOMATIC MISSIONS
TO FOREIGN STATES; APPOINTS PERMANENT REPRESENTATIVES OF
AFGHANISTAN TO INTERNATIONAL ORGANIZATIONS AND ACCEPTS THE
CREDENTIALS OF FOREIGN DIPLOMATIC REPRESENTATIVES.
16) PROCLAIMS AND ENDS THE STATE OF EMERGENCY.
17) REMITS AND PARDONS SENTENCES.
ARTICLE 10
COIN IS MINTED IN THE
NAME OF THE KING.
ARTICLE 11
THE NAME OF THE KING IS
MENTIONED IN KHUTBAS (THE KHUTBA IS AN ADDRESS DELIVERED AS
A RELIGIOUS RITE ON OCCASIONS SPECIFIED IN THE ISLAMIC
RELIGION.)
ARTICLE 12
MEDALS ARE AWARDED BY THE
KING IN ACCORDANCE WITH THE TERMS OF THE LAW. THE AWARD OF
MEDALS SHALL NOT CARRY ANY MATERIAL BENEFIT.
ARTICLE 13
THE ROYAL EXPENDITURES
SHALL BE FIXED IN THE STATE BUDGET ACCORDING TO THE LAW OF
THE ROYAL EXPENSES.
ARTICLE 14
THE EXERCISE OF RIGHTS
AND DUTIES DESCRIBED UNDER THIS TITLE SHALL BE SUBJECT TO
THE LIMITS PRESCRIBED BY THE PROVISIONS OF THIS
CONSTITUTION.
ARTICLE 15
THE KING IS NOT
ACCOUNTABLE AND SHALL BE RESPECTED BY ALL. HE TAKES THE
FOLLOWING OATH, IN THE PRESENCE OF THE MEMBERS OF THE ROYAL
FAMILY, THE MEMBERS OF THE GOVERNMENT AND THE JUSTICES OF
THE SUPREME COURT, IN A JOINT SITTING OF BOTH HOUSES OF THE
SHURA (PARLIAMENT). 'IN THE NAME OF GOD, THE GREAT, I SWEAR
TO BE CONSCIOUS OF HIS OMNIPRESENCE IN ALL MY ACTIONS, THAT
I SHALL PROTECT THE SACRED PRINCIPLES OF THE RELIGION OF
ISLAM, SHALL GUARD THE CONSTITUTION, SHALL PROTECT THE
INDEPENDENCE AND TERRITORIAL INTEGRITY OF THE COUNTRY AS
WELL AS THE LAWS OF THE STATE AND THE RIGHTS OF THE PEOPLE;
AND, INVOKING DIVINE ASSISTANCE, SHALL REIGN IN ACCORDANCE
WITH THE PROVISIONS OF THE CONSTITUTION OF AFGHANISTAN AND
DEVOTE MY EFFORTS TO THE WELL BEING AND PROGRESS OF THE
AFGHAN NATION.'
ARTICLE 16
THE SUCCESSION TO THE
THRONE OF AFGHANISTAN SHALL CONTINUE IN THE HOUSE OF HIS
MAJESTY MOHAMMED NADIR SHAH, THE MARTYR, IN ACCORDANCE WITH
THE PROVISIONS OF THIS CONSTITUTION.
ARTICLE 17
SHOULD THE KING RESOLVE
TO ABDICATE, HE SHALL INFORM A COUNCIL CONSISTING OF THE
PRESIDENT OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE), THE
PRESIDENT OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS), THE
PRIME MINISTER, THE CHIEF JUSTICE AND THE MINISTER OF THE
ROYAL COURT AND, THEREAFTER, CONVENE A MEETING OF THE LOYA
JIRGA (GRAND COUNCIL) WITHIN A PERIOD OF SEVEN DAYS AND
ANNOUNCE THEREIN HIS ABDICATION IN PERSON OR THROUGH THE
MINISTER OF COURT. IF THE LOYA JIRGA (GREAT COUNCIL) ATTESTS
THAT THE ABDICATION HAS STEMMED FROM THE DATE OF THE
ATTESTATION.
ARTICLE 18
ON THE KING'S ABDICATION
OR DEATH, THE THRONE SHALL PASS ON TO HIS ELDEST SON. IF THE
ELDEST SON OF THE KING LACKS THE QUALIFICATIONS SET FORTH IN
THIS CONSTITUTION, THE THRONE SHALL PASS ON TO HIS SECOND
SON AND SO ON.
ARTICLE 19
WHENEVER THE KING
ABDICATES OR DIES WITHOUT A SON POSSESSING THE
QUALIFICATIONS TO BECOME THE KING, THE THRONE SHALL PASS ON
TO THE OLDEST OF THE KING'S BROTHERS. IN CASE THE OLDEST OF
THE KING'S BROTHERS LACKS THE QUALIFICATIONS NEEDED, THE
THRONE SHALL PASS ON TO THE SECOND BROTHER IN LINE AND SO
ON. IF THE KING DOES NOT HAVE A BROTHER POSSESSING THE
QUALIFICATIONS REQUIRED FOR THE KING, HIS SUCCESSOR SHALL BE
ELECTED FROM AMONGST THE MALE LINEAL DESCENDANTS OF HIS
MAJESTY MOHAMMED NADIR SHAH, THE MARTYR. IN THIS CASE THE
KING SHALL BE ELECTED BY AN ELECTORAL COLLEGE CONSISTING OF
THE LOYA JIRGA (GREAT COUNCIL), THE GOVERNMENT, AND THE
JUSTICES OF THE SUPREME COURT. THIS ELECTORAL COLLEGE SHALL
BE SUMMONED BY THE PRIME MINISTER, IN THE CASE OF THE DEATH
OF THE KING WITHIN FIFTEEN DAYS FROM THE DATE OF THE DEMISE
AND IN THE CASE OF ABDICATION WITHIN SEVEN DAYS FROM THE
DATE WHEN THE KING'S ABDICATION BECOMES EFFECTIVE. THE
DECISION OF THIS ELECTORAL COLLEGE SHALL BE BY A MAJORITY OF
VOTES OF THE MEMBERS PRESENT AND SHALL BE CONSIDERED
EFFECTIVE UPON THE CONSENT OF THE PERSON CHOSEN AS THE KING.
THE MINISTER OF COURT SHALL ACT AS REGENT FROM THE TIME OF
THE DEATH OF THE KING OR THE VALIDATION OF HIS ABDICATION
UNTIL THE ELECTION OF HIS SUCCESSOR.
ARTICLE 20
THE KING SHALL, WHEN HE
DECIDES TO TRAVEL OUT OF THE COUNTRY, APPOINT ONE OR MORE
PERSONS TO ACT AS HIS REGENT OR REGENTS. THIS PERSON OR
PERSONS SHALL, DURING THE ABSENCE OF THE KING AND ON HIS
BEHALF, DISCHARGE THE ROYAL FUNCTIONS IN ACCORDANCE WITH THE
PROVISIONS OF THIS CONSTITUTION AND WITHIN THE LIMITS OF THE
AUTHORITY DELEGATED TO HIM OR THEM BY THE KING. THE
FOLLOWING PERSONS SHALL NOT BE APPOINTED AS REGENT:
1) THE PRIME MINISTER
2) THE PRESIDENT OF THE
WOLESI JIRGA (HOUSE OF THE PEOPLE)
3) THE PRESIDENT OF THE
MESHRANO JIRGA (HOUSE OF THE ELDERS)
4) THE CHIEF JUSTICE
ARTICLE 21
IN CASE THE KING DIES
BEFORE HIS SUCCESSOR HAS COMPLETED TWENTY YEARS OF LIFE, THE
QUEEN SHALL ACT AS REGENT UNTIL HIS SUCCESSOR REACHES THE
STIPULATED AGE. IN CASE THE QUEEN BE NOT LIVING, THE
ELECTORAL COLLEGE, PROVIDED UNDER ARTICLE 19 OF THIS
CONSTITUTION, SHALL ELECT SOMEONE FROM AMONGST THE MALE
LINEAL DESCENDANTS OF HIS MAJESTY MOHAMMED NADIR SHAH, THE
MARTYR, TO ACT AS REGENT.
ARTICLE 22
WHENEVER THE KING
ABDICATES AND HIS SUCCESSOR HAS NOT COMPLETED TWENTY YEARS
OF LIFE, THE ELECTORAL COLLEGE, PROVIDED UNDER ARTICLE 19
SHALL ELECT SOMEONE FROM AMONGST THE MALE LINEAL DESCENDANTS
OF HIS MAJESTY MOHAMMED NADIR SHAH, THE MARTYR, TO ACT AS
REGENT UNTIL THE SUCCESSOR REACHES THE STIPULATED AGE.
ARTICLE 23
THE REGENT OF THE KING
MUST POSSESS THE QUALIFICATIONS SPECIFIED IN ARTICLE 8. THE
REGENT SHALL PERFORM THE ROYAL FUNCTIONS IN ACCORDANCE WITH
THE PROVISIONS OF THIS CONSTITUTION. IN THE CASE OF THE
QUEEN ACTING AS REGENT, THE EXERCISE OF THE AUTHORITY
DESCRIBED IN SECTION TWO OF ARTICLE 9, SHALL TAKE PLACE WITH
THE ADVICE OF THE GOVERNMENT. THE REGENT, DURING THE TENURE
OF HIS OFFICE, CANNOT ENGAGE IN ANY OTHER PROFESSION. THE
PERSON ELECTED AS REGENT BE VIRTUE OF ARTICLES 21 AND 22 OF
THIS CONSTITUTION SHALL NEVER BE ELECTED AS THE KING OF
AFGHANISTAN. DURING THE PERIOD OF REGENCY, THE PROVISIONS
RELATING TO SUCCESSION UNDER THE TITLE 'KING' OF THIS
CONSTITUTION SHALL NOT BE AMENDED.
ARTICLE 24
THE ROYAL HOUSE IS
COMPOSED OF THE SONS, THE DAUGHTERS, THE BROTHERS AND THE
SISTERS OF THE KING AND THEIR HUSBANDS, WIVES, SONS AND
DAUGHTERS; AND THE PATERNAL UNCLES AND THE SONS OF THE
PATERNAL UNCLES OF THE KING. IN THE OFFICIAL PROTOCOL OF THE
SATE, THE ROYAL HOUSE COMES AFTER THE KING AND THE QUEEN.
THE EXPENDITURE OF THE ROYAL HOUSE SHALL BE FIXED IN THE
BUDGET OF THE ROYAL EXPENSES. TITLES OF NOBILITY ARE
EXCLUSIVELY CONFINED TO THE ROYAL HOUSE AND SHALL BE
ASSIGNED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.
MEMBERS OF THE ROYAL HOUSE SHALL NOT PARTICIPATE IN
POLITICAL PARTIES, AND SHALL NOT HOLD THE FOLLOWING OFFICES:
1) PRIME MINISTER OR
MINISTER
2) MEMBER OF THE SHURA (PARLIAMENT)
3) JUSTICE OF THE SUPREME COURT
MEMBERS OF THE ROYAL
HOUSE SHALL MAINTAIN THEIR STATUS AS MEMBERS OF THE ROYAL
HOUSE AS LONG AS THEY LIVE.
TITLE THREE
THE
BASIC RIGHTS AND DUTIES OF THE PEOPLE
ARTICLE 25
THE PEOPLE OF
AFGHANISTAN, WITHOUT ANY DISCRIMINATION OR PREFERENCE, HAVE
EQUAL RIGHTS AND OBLIGATIONS BEFORE THE LAW.
ARTICLE 26
LIBERTY IS THE NATURAL
RIGHT OF THE HUMAN BEING. THIS RIGHT HAS NO LIMITATIONS
EXCEPT THE LIBERTY OF OTHERS AND PUBLIC INTEREST AS DEFINED
BY THE LAW. THE LIBERTY AND DIGNITY OF THE HUMAN BEING ARE
INVIOLABLE AND INALIENABLE. THE STATE HAS THE DUTY TO
RESPECT AND PROTECT THE LIBERTY AND DIGNITY OF THE
INDIVIDUAL. NO DEED IS CONSIDERED A CRIME EXCEPT BY VIRTUE
OF A LAW IN FORCE BEFORE ITS COMMISSION. NO ONE MAY BE
PUNISHED EXCEPT BY THE ORDER OF A COMPETENT COURT RENDERED
AFTER AN OPEN TRIAL HELD IN THE PRESENCE OF THE ACCUSED. NO
ONE MAY BE PUNISHED EXCEPT UNDER THE PROVISIONS OF A LAW
THAT HAS COME INTO EFFECT BEFORE THE COMMISSION OF THE
OFFENSE WITH WHICH THE ACCUSED IS CHARGED. NO ONE MAY BE
PURSUED OR ARRESTED EXCEPT IN ACCORDANCE WITH THE PROVISIONS
OF THE LAW. NO ONE MAY BE DETAINED EXCEPT ON ORDER OF A
COMPETENT COURT, IN ACCORDANCE WITH THE PROVISIONS OF THE
LAW. INNOCENCE IS THE ORIGINAL STATE; THE ACCUSED IS
CONSIDERED TO BE INNOCENT UNLESS FOUND GUILTY BY A FINAL
JUDGMENT OF A COURT OF LAW. CRIME IS A PERSONAL DEED.
PURSUIT, ARREST OR DETENTION OF THE ACCUSED AND THE
EXECUTION OF SENTENCE AGAINST HIM DOES NOT AFFECT ANY OTHER
PERSON. TORTURING A HUMAN BEING IS NOT PERMISSIBLE. NO ONE
CAN TORTURE OR ISSUE ORDERS TO TORTURE A PERSON EVEN FOR THE
SAKE OF DISCOVERING FACTS, EVEN IF THE PERSON INVOLVED IS
UNDER PURSUIT, ARREST OR DETENTION OR IS CONDEMNED TO A
SENTENCE. IMPOSING PUNISHMENT INCOMPATIBLE WITH HUMAN
DIGNITY IS NOT PERMISSIBLE. A STATEMENT OBTAINED FROM AN
ACCUSED OR ANY OTHER PERSON BY COMPULSION IS NOT VALID.
CONFESSION OF A CRIME MEANS THE ADMISSION MADE BY AN ACCUSED
WILLINGLY AND IN FULL POSSESSION OF HIS SENSES BEFORE A
COMPETENT COURT WITH REGARD TO THE COMMISSION OF A CRIME
LEGALLY ATTRIBUTED TO HIM. EVERY PERSON HAS THE RIGHT TO
APPOINT DEFENSE COUNSEL FOR THE REMOVAL OF A CHARGE LEGALLY
ATTRIBUTED TO HIM. INDEBTEDNESS OF ONE TO ANOTHER CANNOT
CAUSE DEPRIVATION OR CURTAILMENT OF THE LIBERTY OF THE
DEBTOR. THE WAYS AND MEANS OF RECOVERING DEBT SHALL BE
SPECIFIED IN THE LAW. EVERY AFGHAN IS ENTITLED TO TRAVEL
WITHIN THE TERRITORY OF THE STATE AND SETTLE ANYWHERE EXCEPT
IN AREAS PROHIBITED BY THE LAW. SIMILARLY, EVERY AFGHAN HAS
A RIGHT TO TRAVEL OUTSIDE OF AFGHANISTAN AND RETURN TO
AFGHANISTAN ACCORDING TO THE PROVISIONS OF THE LAW. NO
AFGHAN SHALL BE SENTENCED TO BANISHMENT FROM AFGHANISTAN OR
WITHIN ITS TERRITORY.
ARTICLE 27
NO AFGHAN ACCUSED OF A
CRIME CAN BE EXTRADITED TO A FOREIGN STATE.
ARTICLE 28
A PERSON'S RESIDENCE IS
INVIOLABLE. NO ONE, INCLUDING THE STATE CAN ENTER OR SEARCH
A RESIDENCE WITHOUT THE PERMISSION OF THE RESIDENT OR THE
ORDERS OF A COMPETENT COURT AND IN ACCORDANCE WITH THE
CONDITIONS AND PROCEDURE SPECIFIED BY THE LAW. IN CASES OF
WITNESSED CRIMES THE RESPONSIBLE OFFICER CAN ENTER OR SEARCH
THE RESIDENCE OF A PERSON WITHOUT THE PERMISSION OF THE
RESIDENT OR THE PRIOR WRIT OF THE COURT ON HIS PERSONAL
RESPONSIBILITY. THE OFFICER IS BOUND TO GET THE ORDER OF THE
COURT WITHIN THE TIME LIMIT SET BY THE LAW AFTER HIS ENTRY
INTO THE HOUSE OR ITS SEARCH.
ARTICLE 29
PROPERTY IS INVIOLABLE.
NO ONE'S PROPERTY CAN BE CONFISCATED EXCEPT IN ACCORDANCE
WITH THE PROVISION OF THE LAW AND THE DECISION OF A
COMPETENT COURT. EXPROPRIATION IS ALLOWED ONLY FOR SECURING
PUBLIC INTEREST, AGAINST AN ADVANCE EQUITABLE COMPENSATION,
IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. NO ONE SHALL
BE PROHIBITED FROM ACQUIRING PROPERTY AND EXERCISING THE
RIGHT OF OWNERSHIP OF THE SAME, WITHIN THE LIMITATIONS OF
THE LAW. THE WAYS OF UTILIZING PROPERTY SHALL BE REGULATED
AND GUIDED BY THE LAW, FOR SECURING THE PUBLIC INTEREST.
INVESTIGATIONS AND DECLARATIONS OF A PERSON'S PROPERTY CAN
BE MADE ONLY IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.
FOREIGN STATES AND NATIONALS ARE NOT ENTITLED TO OWN
IMMOVABLE PROPERTY IN AFGHANISTAN. SUBJECT TO THE APPROVAL
OF THE GOVERNMENT, IMMOVABLE PROPERTY MAY BE SOLD TO THE
DIPLOMATIC MISSIONS OF FOREIGN STATES ON A RECIPROCAL BASIS
AND ALSO TO THOSE INTERNATIONAL ORGANIZATIONS TO WHICH THE
STATE OF AFGHANISTAN IS A MEMBER.
ARTICLE 30
THE FREEDOM AND SECRECY
OF PEOPLE'S COMMUNICATIONS, WHETHER BY WRITING, TELEPHONE,
TELEGRAPH OR OTHER MEDIUM, ARE INVIOLABLE. THE STATE HAS NO
RIGHT TO SEARCH PERSONAL COMMUNICATIONS EXCEPT BY THE ORDER
OF A COMPETENT COURT AND IN ACCORDANCE WITH THE PROVISIONS
OF THE LAW. IN URGENT CASES, DEFINED BY THE LAW, THE
OFFICIAL RESPONSIBLE CAN SEARCH COMMUNICATIONS ON HIS
RESPONSIBILITIES, WITHOUT THE PRIOR PERMISSION OF THE COURT.
THE OFFICIAL CONCURRENTLY IS BOUND TO OBTAIN, AFTER THE
SEARCH, THE DECISION OF THE COURT WITHIN THE TIME LIMIT SET
UNDER THE LAW.
ARTICLE 31
FREEDOM OF THOUGHT AND
EXPRESSION IS INVIOLABLE. EVERY AFGHAN HAS THE RIGHT TO
EXPRESS HIS THOUGHTS IN SPEECH, IN WRITING, IN PICTURES AND
BY OTHER MEANS, IN ACCORDANCE WITH THE PROVISIONS OF THE
LAW. EVERY AFGHAN HAS THE RIGHT TO PRINT AND PUBLISH IDEAS
IN ACCORDANCE WITH THE PROVISIONS OF THE LAW, WITHOUT
SUBMISSION IN ADVANCE TO THE AUTHORITIES OF THE STATE. THE
PERMISSION TO ESTABLISH AND OWN PUBLIC PRINTING HOUSES AND
TO ISSUE PUBLICATIONS IS GRANTED ONLY TO THE CITIZENS AND
THE STATE OF AFGHANISTAN, IN ACCORDANCE WITH THE PROVISIONS
OF THE LAW. THE ESTABLISHMENT AND OPERATION OF PUBLIC RADIO
TRANSMISSION AND TELECASTING IS THE EXCLUSIVE RIGHT OF THE
STATE.
ARTICLE 32
AFGHAN CITIZENS HAVE THE
RIGHT TO ASSEMBLE UNARMED, WITHOUT PRIOR PERMISSION OF THE
STATE, FOR THE ACHIEVEMENT OF LEGITIMATE AND PEACEFUL
PURPOSES, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.
AFGHAN CITIZENS HAVE THE RIGHT TO ESTABLISH, IN ACCORDANCE
WITH THE PROVISIONS OF THE LAW, ASSOCIATIONS FOR THE
REALIZATION OF MATERIAL OR SPIRITUAL PURPOSES.
AFGHAN CITIZENS HAVE THE
RIGHT TO FORM POLITICAL PARTIES, IN ACCORDANCE WITH THE
TERMS OF THE LAW, PROVIDED THAT:
1) THE AIMS AND
ACTIVITIES OF THE PARTY AND THE IDEAS OF WHICH THE
ORGANIZATION OF THE PARTY IS BASED ARE NOT OPPOSED TO THE
VALUES EMBODIED IN THIS CONSTITUTION.
2) THE ORGANIZATION AND
FINANCIAL RESOURCES OF THE PARTY ARE OPEN. A PARTY FORMED IN
ACCORDANCE WITH THE PROVISIONS OF THE LAW CANNOT BE
DISSOLVED WITHOUT DUE PROCESS OF THE LAW AND THE ORDER OF
THE SUPREME COURT.
ARTICLE 33
ANYONE WHO, WITHOUT DUE
CAUSE, SUFFERS DAMAGE FROM THE ADMINISTRATION IS ENTITLED TO
COMPENSATION AND MAY FILE A SUIT IN A COURT FOR ITS
RECOVERY. THE STATE CANNOT, EXCEPT IN CASES SPECIFIED BY THE
LAW, RESORT TO THE RECOVERY OF ITS DUES WITHOUT THE ORDER OF
A COMPETENT COURT.
ARTICLE 34
EDUCATION IS THE RIGHT OF
EVERY AFGHAN AND SHALL BE PROVIDED FREE OF CHARGE BY THE
STATE AND CITIZENS OF AFGHANISTAN. THE AIM OF THE STATE IS
TO REACH A STAGE WHERE SUITABLE FACILITIES FOR EDUCATION
WILL BE MADE AVAILABLE TO ALL AFGHANS, IN ACCORDANCE WITH
THE PROVISIONS OF THE LAW. THE GOVERNMENT IS OBLIGED TO
PREPARE AND IMPLEMENT A PROGRAM FOR BALANCED AND UNIVERSAL
EDUCATION IN AFGHANISTAN. IT IS THE DUTY OF THE STATE TO
GUIDE AND SUPERVISE EDUCATION. PRIMARY EDUCATION IS
COMPULSORY FOR ALL CHILDREN IN AREAS WHERE FACILITIES FOR
THIS PURPOSE ARE PROVIDED BY THE STATE. THE STATE ALONE HAS
THE RIGHT AND DUTY TO ESTABLISH AND ADMINISTER THE
INSTITUTIONS OF PUBLIC AND HIGHER LEARNING. OUTSIDE THIS
SPHERE, AFGHAN NATIONALS ARE ENTITLED TO ESTABLISH TECHNICAL
AND LITERACY SCHOOLS. CONDITIONS FOR THE ESTABLISHMENT OF
SUCH SCHOOLS, THEIR CURRICULA AND THE CONDITIONS OF LEARNING
IN SUCH SCHOOLS ARE TO BE DETERMINED BY LAW. THE GOVERNMENT
MAY GRANT PERMISSION, IN ACCORDANCE WITH THE PROVISIONS OF
THE LAW, TO FOREIGN PERSONS TO ESTABLISH PRIVATE SCHOOLS FOR
THE EXCLUSIVE USE OF FOREIGNERS.
ARTICLE 35
IT IS THE DUTY OF THE
STATE TO PREPARE AND IMPLEMENT AN EFFECTIVE PROGRAM FOR THE
DEVELOPMENT AND STRENGTHENING OF THE NATIONAL LANGUAGE,
PASHTU.
ARTICLE 36
IT IS THE DUTY OF THE
STATE TO PROVIDE, WITHIN THE LIMITS OF ITS MEANS, BALANCED
FACILITIES FOR THE PREVENTION AND TREATMENT OF DISEASES FOR
ALL AFGHANS. THE WILL OF THE STATE IN THIS REGARD IS TO
REACH A STAGE WHERE SUITABLE MEDICAL FACILITIES WILL BE MADE
AVAILABLE TO ALL AFGHANS.
ARTICLE 37
WORK IS THE RIGHT AND
PRECEPT OF EVERY AFGHAN WHO THE CAPABILITY TO DO IT. THE
MAIN PURPOSE OF LAWS DESIGNED TO SYSTEMATIZE LABOR IS TO
REACH A STAGE WHERE THE RIGHTS AND INTERESTS OF ALL
CATEGORIES OF LABORERS ARE PROTECTED, SUITABLE CONDITIONS OF
WORK ARE PROVIDED AND THE RELATIONS BETWEEN THE WORKERS AND
EMPLOYERS ARE ORGANIZED ON A JUST AND PROGRESSIVE BASIS. THE
CITIZENS OF AFGHANISTAN ARE ADMITTED TO THE SERVICE OF THE
STATE ON THE BASIS OF THEIR QUALIFICATIONS AND IN ACCORDANCE
WITH THE PROVISIONS OF THE LAW. WORK AND TRADE MAY BE FREELY
CHOSEN, WITHIN THE CONDITIONS DETERMINED BY THE LAW. FORCED
LABOR EVEN FOR THE BENEFIT OF THE STATE IS NOT PERMISSIBLE.
THE PROHIBITION OF FORCED LABOR SHALL NOT BE SO CONSTRUED AS
TO AFFECT THE IMPLEMENTATION OF THE LAWS GOVERNING THE
ORGANIZATION OF COLLECTIVE WORK FOR THE PUBLIC INTEREST.
ARTICLE 38
EVERY AFGHAN IS BOUND TO
PAY TAX AND DUTY TO THE STATE. NO DUTY OR TAX OF ANY KIND
SHALL BE LEVIED WITHOUT THE PROVISIONS OF THE LAW. THE RATE
OF TAX AND DUTY AS WELL AS THE METHOD OF PAYMENT SHALL BE
DETERMINED BY LAW WITH CONSIDERATION FOR SOCIAL JUSTICE. THE
PROVISIONS OF THIS ARTICLE ARE APPLICABLE TO FOREIGN PERSONS
AS WELL.
ARTICLE 39
IT IS THE SACRED DUTY OF
ALL CITIZENS OF AFGHANISTAN TO DEFEND THEIR COUNTRY. ALL
CITIZENS OF AFGHANISTAN ARE BOUND TO PERFORM MILITARY
SERVICE IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.
ARTICLE 40
IT IS THE DUTY OF ALL THE
PEOPLE OF AFGHANISTAN TO FOLLOW THE PROVISIONS OF THE
CONSTITUTION; TO BEAR LOYALTY TO THE KING AND RESPECT HIM;
TO OBEY LAWS; TO HAVE DUE CONSIDERATION FOR PUBLIC ORDER AND
PIECE; TO PROTECT THE INTERESTS OF THE HOMELAND AND TO
PARTICIPATE IN THE NATIONS LIFE.
TITLE FOUR
THE SHURA
(PARLIAMENT)
ARTICLE 41
THE SHURA (PARLIAMENT) IN
AFGHANISTAN MANIFESTS THE WILL OF THE PEOPLE AND REPRESENTS
THE WHOLE OF THE NATION. THE PEOPLE OF AFGHANISTAN
PARTICIPATE THROUGH THE SHURA (PARLIAMENT) IN THE POLITICAL
LIFE OF THE COUNTRY. ALTHOUGH ELECTED FROM A PARTICULAR
CONSTITUENCY EACH MEMBER OF THE SHURA (PARLIAMENT) SHALL AT
THE TIME OF EXPRESSING HIS OPINION, TAKE THE GENERAL
INTEREST OF THE WHOLE OF AFGHANISTAN AS THE BASIS FOR HIS
JUDGMENT.
ARTICLE 42
THE SHURA (PARLIAMENT)
CONSISTS OF TWO HOUSES:
1) WOLESI JIRGA (HOUSE OF
THE PEOPLE)
2) MESHRANO JIRGA (HOUSE OF THE ELDERS)
ARTICLE 43
MEMBERS OF THE WOLESI
JIRGA (HOUSE OF THE PEOPLE) SHALL BE ELECTED BY THE PEOPLE
OF AFGHANISTAN IN A FREE, UNIVERSAL, SECRET AND DIRECT
ELECTION, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. FOR
THIS PURPOSE AFGHANISTAN SHALL BE DIVIDED INTO ELECTORAL
CONSTITUENCIES, THE NUMBER AND LIMITS OF WHICH ARE FIXED BY
THE LAW. EACH CONSTITUENCY SHALL RETURN ONE MEMBER. THE
CANDIDATE WHO OBTAINS THE LARGEST NUMBER OF VOTES CAST IN
HIS CONSTITUENCY, IN ACCORDANCE WITH THE PROVISIONS OF THE
LAW, SHALL BE RECOGNIZED AS THE REPRESENTATIVE OF THAT
CONSTITUENCY.
ARTICLE 44
MEMBERS OF THE WOLESI
JIRGA (HOUSE OF THE PEOPLE) SHALL BE ELECTED FOR A PERIOD OF
FOUR YEARS, WHICH IS ONE TERM OF THE LEGISLATURE. WHENEVER
THE SHURA (PARLIAMENT) IS DISSOLVED, IN ACCORDANCE WITH THE
PROVISIONS OF THE CONSTITUTION, A NEW WOLESI JIRGA (HOUSE OF
THE PEOPLE) SHALL BE ELECTED FOR ANOTHER LEGISLATIVE TERM.
HOWEVER, THE TERMINATION DATE OF THE OUTGOING HOUSE IS SO
REGULATED THAT THE ENSUING SESSION OF THE WOLESI JIRGA
(HOUSE OF THE PEOPLE) COMMENCES ON THE DATE STIPULATED IN
ARTICLE 59.
ARTICLE 45
MEMBERS OF THE MESHRANO
JIRGA (HOUSE OF THE ELDERS) SHALL BE NOMINATED AND ELECTED
AS FOLLOWS:
1) ONE THIRD OF THE
MEMBERS SHALL BE APPOINTED BY THE KING FOR A PERIOD OF FIVE
YEARS FROM AMONGST WELL INFORMED AND EXPERIENCED PERSONS.
2) THE REMAINING TWO
THIRDS OF THE MEMBERS SHALL BE ELECTED AS FOLLOWS: A) EACH
PROVINCIAL COUNCIL SHALL ELECT ONE OF ITS MEMBERS TO THE
MESHRANO JIRGA (HOUSE OF THE ELDERS) FOR A PERIOD OF THREE
YEARS. B) THE RESIDENTS OF EACH PROVINCE SHALL ELECT ONE
PERSON FOR A PERIOD OF FOUR YEARS BY A FREE, UNIVERSAL,
SECRET AND DIRECT ELECTION.
ARTICLE 46
QUALIFICATIONS FOR VOTERS
SHALL BE SPECIFIED IN THE ELECTORAL LAW. PERSONS APPOINTED
OR ELECTED FOR MEMBERSHIP IN THE SHURA (PARLIAMENT) MUST
MEET THE FOLLOWING REQUIREMENTS IN ADDITION TO THEIR
QUALIFICATIONS AS VOTERS:
1) MUST HAVE ACQUIRED
AFGHAN NATIONALITY AT LEAST TEN YEARS PRIOR TO THE DATE OF
NOMINATION OR ELECTION.
2) MUST NOT HAVE BEEN PUNISHED BY A COURT WITH DEPRIVATION
OF POLITICAL RIGHTS AFTER THE PROMULGATION OF THIS
CONSTITUTION.
3) MUST BE ABLE TO READ AND WRITE.
4) MEMBERS OF THE WOLESI
JIRGA (HOUSE OF THE PEOPLE) MUST HAVE COMPLETED THE AGE OF
25 AT THE TIME OF THE ELECTION AND THOSE OF THE MESHRANO
JIRGA (HOUSE OF THE ELDERS) THE AGE OF 30 AT THE TIME OF
THEIR NOMINATION OR ELECTION.
ARTICLE 47
THE HEAD AND MEMBERS OF
THE GOVERNMENT, JUDGES, OFFICERS AND MEMBERS OF THE ARMED
FORCES, OFFICIALS AND OTHER PERSONNEL OF THE ADMINISTRATION
CANNOT BE APPOINTED OR ELECTED TO THE SHURA (PARLIAMENT)
WHILE THEY ARE IN SERVICE.
ARTICLE 48
NO PERSON CAN BE A MEMBER
OF BOTH HOUSES SIMULTANEOUSLY.
ARTICLE 49
ELECTIONS SHALL BE
GOVERNED BY THE ELECTORAL LAW SUBJECT TO THE PROVISIONS OF
THE CONSTITUTION. NO BILL TO AMEND THE ELECTORAL LAW MAY BE
ENTERTAINED ON THE AGENDA OF EITHER HOUSE OF THE SHURA
(PARLIAMENT) DURING THE LAST TWO YEARS OF THE LEGISLATIVE
TERM OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE).
ARTICLE 50
DOCUMENTS OF MEMBERSHIP
ARE AUTHENTICATED IN EACH HOUSE BY THE HOUSE ITSELF. THE
PROCEDURE OF AUTHENTICATION SHALL BE SPECIFIED IN THE RULES
OF PROCEDURE OF THE HOUSE CONCERNED.
ARTICLE 51
NO LEGAL PROCEEDINGS CAN
BE BROUGHT AGAINST A MEMBER OF THE SHURA (PARLIAMENT) FOR
EXPRESSING AN OPINION OR IDEA WHILE PERFORMING HIS DUTY
INSIDE OR OUTSIDE THE SHURA (PARLIAMENT). WHENEVER A MEMBER
OF THE SHURA (PARLIAMENT) IS ACCUSED OF AN OFFENSE, THE
OFFICIAL RESPONSIBLE SHALL COMMUNICATE THE MATTER TO THE
HOUSE OF WHICH THE ACCUSED IS A MEMBER. THE LEGAL
PROCEEDINGS AGAINST THE ACCUSED SHALL BE INITIATED WHEN THE
HOUSE VOTES ITS APPROVAL BY A TWO THIRDS MAJORITY OF ITS
MEMBERS. THE HOUSE CAN ALSO RESCIND ITS PERMISSION BY A TWO
THIRDS MAJORITY VOTE OF ITS MEMBERS. IN THE CASE OF A
WITNESSED CRIME THE OFFICIAL RESPONSIBLE CAN START LEGAL
PROCEEDINGS AND ARREST A MEMBER OF THE SHURA (PARLIAMENT)
WITHOUT THE PERMISSION OF THE HOUSE TO WHICH HE BELONGS.
WHENEVER LEGAL PROCEEDINGS DEMAND THE DETENTION OF THE
ACCUSED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW, THE
OFFICIAL RESPONSIBLE IS BOUND TO COMMUNICATE THE MATTER
IMMEDIATELY TO THE HOUSE CONCERNED, AND WITH ITS PERMISSION
MAY DETAIN THE ACCUSED. IN CASE THE ACCUSATION OCCURS DURING
THE PERIOD WHERE THE HOUSE IS NOT IN SESSION, PERMISSION FOR
DETENTION SHALL BE OBTAINED FROM THE EXECUTIVE COUNCIL OF
THE HOUSE. THE DECISION OF THE EXECUTIVE COUNCIL SHALL BE
PLACED BEFORE THE HOUSE AT ITS NEXT SESSION FOR APPROPRIATE
ACTION.
ARTICLE 52
MEMBERS OF THE SHURA
(PARLIAMENT) CANNOT UNDERTAKE ANY OTHER PROFESSION. THIS
RULE DOES NOT APPLY TO AGRICULTURE AND OTHER FREE
ENTERPRISES.
ARTICLE 53
SUITABLE SALARIES SHALL
BE FIXED IN ACCORDANCE WITH THE LAW FOR MEMBERS OF SHURA
(PARLIAMENT).
ARTICLE 54
EVERY MEMBER OF SHURA
(PARLIAMENT) IS ENTITLED TO EXPRESS HIS VIEWS ON THE SUBJECT
OF DEBATE IN HIS HOUSE, IN ACCORDANCE WITH THE RULES OF
PROCEDURE.
ARTICLE 55
THE TWO HOUSES MEET
SEPARATELY BUT AT THE SAME TIME. THE MESHRANO JIRGA (HOUSE
OF THE ELDERS) CAN HOLD EXTRAORDINARY SESSIONS TO STUDY THE
BUDGET PROPOSALS OF THE STATE DURING THE TIME WHEN THE
WOLESI JIRGA (HOUSE OF THE PEOPLE) IS ADJOURNED. A JOINT
SESSION OF THE TWO HOUSES OF SHURA (PARLIAMENT) IS HELD WHEN
THE KING INAUGURATES THE NEW SHURA (PARLIAMENT) OR ADDRESSES
THE ANNUAL SESSION OF THE SHURA (PARLIAMENT).
ARTICLE 56
THE MEMBERS OF THE
GOVERNMENT MAY ATTEND THE MEETINGS OF BOTH HOUSES OF SHURA
(PARLIAMENT). EACH HOUSE MAY DEMAND THE PRESENCE OF THE HEAD
OR MEMBERS OF THE GOVERNMENT AT ITS MEETINGS.
ARTICLE 57
DEBATES IN BOTH HOUSES
ARE OPEN EXCEPT WHEN THE GOVERNMENT, THE PRESIDENT OF THE
HOUSE OR AT LEAST TEN MEMBERS REQUEST A SECRET SESSION, AND
THE HOUSE GRANTS ITS APPROVAL. THE HOUSE CAN, WITH A TWO
THIRDS MAJORITY OF THE MEMBERS, CONVENE SECRET PROCEEDINGS
INTO OPEN DEBATE. THE PROCEEDINGS OF BOTH HOUSES OF SHURA
(PARLIAMENT) ARE RECORDED. NOBODY MAY ENTER THE MEETING
PLACE OF THE SHURA (PARLIAMENT) BY FORCE. VIOLATORS SHALL BE
PUNISHED ACCORDING TO THE LAW.
ARTICLE 58
EXCEPT IN CASES CLEARLY
DEFINED IN THIS CONSTITUTION, DECISIONS IN EACH HOUSE SHALL
BE MADE BY A MAJORITY VOTE OF THE MEMBERS PRESENT.
ARTICLE 59
EACH HOUSE OF SHURA
(PARLIAMENT) HOLDS ONE ORDINARY SESSION PER YEAR, WHICH
OPENS ON THE 22ND OF MEEZAN. THE NUMBER OF ANNUAL SESSIONS
CAN BE INCREASED BY LAW. IN SUCH CASES THE LAW SHALL
REGULATE THE OPENING DATE OF THE SESSION AND ITS DURATION.
THE WORKING PERIOD OF EACH HOUSE OF SHURA (PARLIAMENT) IS
SEVEN MONTHS PER YEAR. THIS PERIOD MAY BE EXTENDED BY EACH
HOUSE ACCORDING TO THE REQUIREMENTS OF ITS BUSINESS. DURING
THE RECESS PERIOD, AN EXTRAORDINARY SESSION OF SHURA
(PARLIAMENT) MAY BE SUMMONED BY THE KING; OR ON A REQUEST BY
THE GOVERNMENT, THE PRESIDENT OF ONE OF THE HOUSES, OR BY
ONE FIFTH OF ITS MEMBERS. THE EXTRAORDINARY SESSION OF SHURA
(PARLIAMENT) ENDS BY A ROYAL DECREE ISSUED AFTER
CONSULTATION WITH THE PRESIDENTS OF BOTH HOUSES.
ARTICLE 60
THE PRESIDENT OF THE
MESHRANO JIRGA (HOUSE OF THE ELDERS) IS APPOINTED FROM
AMONGST ITS MEMBERS BY THE KING. THE WOLESI JIRGA (HOUSE OF
THE PEOPLE) ELECTS ONE OF ITS MEMBERS AS PRESIDENT OF THE
HOUSE. EACH HOUSE ELECTS FROM AMONGST ITS MEMBERS ONE FIRST
DEPUTY PRESIDENT, ONE SECOND DEPUTY PRESIDENT, ONE SECRETARY
AND ONE DEPUTY SECRETARY. THE ABOVE MENTIONED PERSONS
CONSTITUTE THE EXECUTIVE COUNCIL OF THE HOUSE. THE EXECUTIVE
COUNCIL OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) IS ELECTED
AT THE OPENING OF THE LEGISLATIVE TERM WHILE THE VICE
PRESIDENTS, SECRETARY AND DEPUTY SECRETARY OF THE MESHRANO
JIRGA (HOUSE OF THE ELDERS) ARE ELECTED FOR ONE YEAR AT THE
BEGINNING OF EACH ANNUAL SESSION. THE PRESIDENT OF EACH
HOUSE CONDUCTS DEBATES IN THE HOUSE CONCERNED AND ADOPTS
NECESSARY MEASURES FOR THE MAINTENANCE OF LAW AND ORDER ON
THE PREMISES OF THE HOUSE. OTHER DUTIES OF THE PRESIDENT ARE
DEFINED IN THE RULES OF PROCEDURE FOR THE HOUSE. IN THE
ABSENCE OF THE PRESIDENT, THE FIRST DEPUTY PRESIDENT, AND IN
THE ABSENCE OF THE FIRST DEPUTY PRESIDENT, THE SECOND DEPUTY
PRESIDENT OFFICIATES AS PRESIDENT. THE SECRETARY OF THE
HOUSE RECORDS THE PROCEEDINGS OF THE HOUSE AND SUPERVISES
THE FUNCTIONS OF ITS SECRETARIAT. IN THE ABSENCE OF THE
SECRETARY THE DEPUTY SECRETARY DISCHARGES THE DUTIES OF THE
SECRETARY.
ARTICLE 61
EACH HOUSE APPOINTS, IN
ACCORDANCE WITH ITS RULES OF PROCEDURE, COMMITTEES FOR
MAKING THOROUGH AND DETAILED STUDY OF THE SUBJECTS UNDER
CONSIDERATION.
ARTICLE 62
EACH HOUSE FORMULATES ITS
OWN RULES OF PROCEDURE.
ARTICLE 63
THE SHURA (PARLIAMENT)
MAY BE DISSOLVED BY ORDER OF THE KING. THE DISSOLUTION OF
THE SHURA (PARLIAMENT) IS IMPERATIVE UNDER THE CONDITIONS
DESCRIBED IN ARTICLE 121. THE DISSOLUTION OF THE SHURA
(PARLIAMENT) ENCOMPASSES THE NON ELECTED MEMBERS OF THE
MESHRANO JIRGA (HOUSE OF THE ELDERS).
ARTICLE 64
THE SHURA (PARLIAMENT)
LEGISLATES FOR ORGANIZING THE AFFAIRS OF THE COUNTRY IN
ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION. THERE
SHALL BE NO LAW REPUGNANT TO THE BASIC PRINCIPLES OF THE
SACRED RELIGION OF ISLAM AND THE OTHER VALUES EMBODIED IN
THIS CONSTITUTION. THE RATIFICATION OF INTERNATIONAL
TREATIES, THE DISPATCH ABROAD OF DETACHMENTS OF AFGHAN ARMED
FORCES, THE GRANT OF CONCESSIONS IMPORTANT TO THE NATIONAL
ECONOMY INCLUDING MONOPOLIES, AND THE AUTHORIZATION TO ISSUE
MONEY AND OBTAIN LOANS ARE WITHIN THE COMPETENCE OF THE
SHURA (PARLIAMENT). CONCESSIONS WHICH ARE TO BE RATIFIED BY
THE SHURA (PARLIAMENT) SHALL BE DEFINED BY THE LAW.
ARTICLE 65
THE GOVERNMENT IS
RESPONSIBLE TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE).
ARTICLE 66
THE MEMBERS OF THE WOLESI
JIRGA (HOUSE OF THE PEOPLE) MAY PUT QUESTIONS TO THE
GOVERNMENT. DEBATE ON THE GOVERNMENT EXPLANATION DEPENDS
UPON THE DECISION OF THE HOUSE.
ARTICLE 67
THE MEMBERS OF THE SHURA
(PARLIAMENT) MAY ASK QUESTIONS FROM THE PRIME MINISTER OR
THE MINISTERS ABOUT SPECIFIC SUBJECTS. PERSONS THUS ASKED
ARE BOUND TO FURNISH A VERBAL OR WRITTEN ANSWER. THIS ANSWER
SHALL NOT BE MADE SUBJECT OF DEBATE.
ARTICLE 68
THE WOLESI JIRGA (HOUSE
OF THE PEOPLE) IS COMPETENT TO APPOINT, ON PROPOSAL FROM ONE
THIRD OF ITS MEMBERS, AN ENQUIRY COMMISSION TO INVESTIGATE
AND STUDY THE CONDUCT OF THE GOVERNMENT AND THE ACTIONS OF
THE ADMINISTRATION. THE COMPOSITION OF THE ENQUIRY
COMMISSION AND ITS METHOD OF FUNCTIONING SHALL BE DEFINED IN
THE RULES OF PROCEDURE OF THE HOUSE.
ARTICLE 69
EXCEPTING THE CONDITIONS
FOR WHICH SPECIFIC PROVISIONS HAVE BEEN MADE IN THIS
CONSTITUTION, A LAW IS A RESOLUTION PASSED BY BOTH HOUSES,
AND SIGNED BY THE KING. IN THE AREA WHERE NO SUCH LAW
EXISTS, THE PROVISIONS OF THE HANAFI JURISPRUDENCE OF THE
SHARIAAT OF ISLAM SHALL BE CONSIDERED AS LAW.
ARTICLE 70
A LEGISLATIVE BILL MAY BE
INTRODUCED TO THE SHURA (PARLIAMENT) BY THE GOVERNMENT OR
THE MEMBERS OF THE SHURA (PARLIAMENT). BILLS RELATING TO
JUDICIAL ADMINISTRATION MAY ALSO BE INTRODUCED BY THE
SUPREME COURT. BILLS RELATING TO BUDGETARY AND FINANCIAL
LEGISLATION MAY ONLY ORIGINATE FROM THE GOVERNMENT.
ARTICLE 71
A LEGISLATIVE BILL MAY TO
INTRODUCED TO EITHER OF THE TWO HOUSES BY THE GOVERNMENT OR
THE SUPREME COURT.
ARTICLE 72
WHEN A BILL IS INTRODUCED
BY MEMBERS OF ONE OF THE TWO HOUSES, IT IS PLACED ON THE
AGENDA OF THE HOUSE ONLY AFTER IT IS SUPPORTED BY AT LEAST
TEN MEMBERS OF THE HOUSE CONCERNED. A BILL WHICH INVOLVES
NEW FINANCIAL COMMITMENTS OR A REDUCTION IN STATE REVENUE
MAY BE PLACED ON THE AGENDA OF EITHER HOUSE ON CONDITION
THAT THE BILL PROVIDES FOR THE SOURCES OF FINANCING FOR THE
COMPENSATION OF THE LOSS. THIS PROVISION DOES NOT APPLY TO
BILLS INTRODUCED BY THE SUPREME COURT.
ARTICLE 73
WHEN A BILL IS PLACED ON
THE AGENDA OF EITHER OF THE TWO HOUSES, IT IS FIRST REFERRED
TO THE COMMITTEE CONCERNED, AND AFTER IT HAS BEEN COMMENTED
UPON BY THE COMMITTEE, THE BILL IS READ IN THE HOUSE ALONG
WITH THE COMMENTS OF THE COMMITTEE, AND DEBATED UPON,
FOLLOWED BY VOTING ON EACH ARTICLE. AFTER THIS THE DRAFT IS
READ FOR THE SECOND TIME AND PUT BEFORE THE HOUSE FOR
REJECTION OR APPROVAL AS A WHOLE.
ARTICLE 74
WHEN AN ENACTMENT OF ONE
HOUSE IS REJECTED BY THE OTHER, A JOINT COMMITTEE CONSISTING
OF AN EQUAL NUMBER OF MEMBERS FROM BOTH HOUSES IS SET UP, IN
ACCORDANCE WITH THE PROVISIONS OF THE LAW, TO SETTLE THE
DIFFERENCES. THE VERDICT OF THE COMMITTEE BECOMES EFFECTIVE
AFTER IT RECEIVES THE ROYAL ASSENT. WHEN THE JOINT COMMITTEE
FAILS TO RESOLVE THE DIFFERENCES, THE ENACTMENT IS
CONSIDERED INVALID. IF THE ENACTMENT IS FROM THE WOLESI
JIRGA (HOUSE OF THE PEOPLE), IT MAY BE APPROVED AGAIN BY A
MAJORITY OF VOTES DURING THE NEXT TERM OF LEGISLATION. THE
ENACTMENT, WITHOUT REFERENCE TO THE MESHRANO JIRGA (HOUSE OF
THE ELDERS), THEN BECOMES LAW AFTER IT IS SIGNED BY THE
KING. WHEN THE DIFFERENCES BETWEEN THE TWO HOUSES OF THE
SHURA (PARLIAMENT) RELATE TO FINANCIAL BILLS AND ARE NOT
RESOLVED BY THE JOINT COMMITTEE, THE WOLESI JIRGA (HOUSE OF
THE PEOPLE) MAY MOVE THE BILL AGAIN IN THE FOLLOWING SESSION
AND APPROVE IT BY A MAJORITY VOTE. THIS ENACTMENT, WITHOUT
REFERENCE TO THE MESHRANO JIRGA (HOUSE OF THE ELDERS),
BECOMES LAW AFTER IT IS SIGNED BY THE KING.
ARTICLE 75
THE STATE BUDGET IS
PRESENTED TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE) THROUGH
THE MESHRANO JIRGA (HOUSE OF THE ELDERS) TOGETHER WITH THEIR
ADVISORY COMMENTS. THE PRESIDENT OF THE WOLESI JIRGA (HOUSE
OF THE PEOPLE) REFERS THE BUDGET PROPOSAL, ALONG WITH THE
COMMENTS OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS), TO THE
COMMITTEE CONCERNED. AFTERWARDS, THE BUDGET PROPOSAL,
TOGETHER WITH THE COMMENTS OF THE MESHRANO JIRGA (HOUSE OF
THE ELDERS) AND OF THE COMMITTEE CONCERNED, ARE PRESENTED TO
THE HOUSE FOR CONSIDERATION AND DECISION. THIS DECISION IS
NOT SUBMITTED TO THE MESHRANO JIRGA (HOUSE OF THE ELDERS)
AND BECOMES EFFECTIVE AFTER IT IS SIGNED BY THE KING. THIS
PROVISION ALSO APPLIES TO DISCUSSIONS ON THE DEVELOPMENT
PLANS OF THE GOVERNMENT IN THE WOLESI JIRGA (HOUSE OF THE
PEOPLE). WHENEVER FOR ANY REASON THE PASSAGE OF THE BUDGET
DOES NOT MATERIALIZE BEFORE THE BEGINNING OF THE NEW FISCAL
YEAR, THE BUDGET OF THE PREVIOUS YEAR IS APPLICABLE UNTIL
THE NEW BUDGET IS ADOPTED. THE GOVERNMENT IS BOUND TO SUBMIT
TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE) FINAL ACCOUNTS OF
THE BUDGET OF THE PREVIOUS YEAR AT LEAST ONE MONTH BEFORE
THE SUBMISSION OF THE NEW BUDGET.
ARTICLE 76
WHEN THE MESHRANO JIRGA
(HOUSE OF THE ELDERS) DOES NOT GIVE ITS DECISION ON AN
ENACTMENT REFERRED TO IT BY THE WOLESI JIRGA (HOUSE OF THE
PEOPLE) WITHIN SIX MONTHS FROM THE DATE OF ITS RECEIPT, THE
ENACTMENT IS CONSIDERED TO HAVE BEEN ADOPTED. IN CALCULATING
THIS TIME, THE PERIOD OF ADJOURNMENT IS NOT TAKEN INTO
ACCOUNT.
ARTICLE 77
DURING ADJOURNMENT OR
DISSOLUTION OF THE SHURA (PARLIAMENT) THE GOVERNMENT MAY
FORMULATE ORDNANCES FOR REGULATING URGENT MATTERS IN RESPECT
TO PARAGRAPH ONE OF ARTICLE 64. THESE ORDINANCES SHALL
BECOME LAW AFTER BEING SIGNED BY THE KING. THE ORDINANCES
SHALL BE SUBMITTED TO THE SHURA (PARLIAMENT) WITHIN THIRTY
DAYS OF THE FIRST MEETING OF THE SHURA (PARLIAMENT). IF
REJECTED THE ORDINANCES SHALL BECOME INVALID.
TITLE FIVE
THE LOYA JIRGA
(GREAT COUNCIL)
ARTICLE 78
THE LOYA JIRGA (GREAT
COUNCIL) CONSISTS OF MEMBERS OF THE SHURA (PARLIAMENT) AND
THE CHAIRMAN OF THE PROVINCIAL COUNCILS. IN THE EVENT OF THE
DISSOLUTION OF THE SHURA (PARLIAMENT) ITS MEMBERS RETAIN
THEIR POSITION AS MEMBERS OF THE LOYA JIRGA (GREAT COUNCIL)
UNTIL A NEW SHURA (PARLIAMENT) COMES INTO BEING.
ARTICLE 79
SUBJECT TO THE PROVISIONS
OF ARTICLES 19, 21 AND 22 OF THIS CONSTITUTION, THE LOYA
JIRGA (GREAT COUNCIL) IS SUMMONED BY A ROYAL PROCLAMATION.
ARTICLE 80
WHEN THE LOYA JIRGA
(GREAT COUNCIL) IS IN SESSION, THE PROVISIONS OF ARTICLE 51
ARE APPLICABLE TO ITS MEMBERS.
ARTICLE 81
THE DELIBERATIONS OF THE
LOYA JIRGA (GREAT COUNCIL) ARE OPEN UNLESS THE GOVERNMENT OR
AT LEAST TWENTY MEMBERS OF THE LOYA JIRGA (GREAT COUNCIL)
REQUEST A SECRET SESSION AND THE LOYA JIRGA (GREAT COUNCIL)
APPROVES THIS REQUEST.
ARTICLE 82
THE PRESIDENT OF THE
WOLESI JIRGA (HOUSE OF THE PEOPLE), AND IN HIS ABSENCE, THE
PRESIDENT OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS)
PRESIDES OVER THE LOYA JIRGA (GREAT COUNCIL). THE LOYA JIRGA
(GREAT COUNCIL), AT ITS FIRST MEETING, ELECTS ONE OF ITS
MEMBERS AS SECRETARY.
ARTICLE 83
EXCEPT IN CASES CLEARLY
DEFINED IN THIS CONSTITUTION, THE DECISIONS OF THE LOYA
JIRGA (GREAT COUNCIL) SHALL BE BY A MAJORITY OF THE VOTES OF
ITS MEMBERS PRESENT. THE PROCEDURE OF THE LOYA JIRGA (GREAT
COUNCIL) SHALL BE REGULATED BY LAW, SUBJECT TO THE
PROVISIONS OF THIS CONSTITUTION.
ARTICLE 84
THE LOYA JIRGA (GREAT
COUNCIL) ENJOYS THE POWERS DEFINED IN THIS CONSTITUTION.
TITLE SIX
THE GOVERNMENT
ARTICLE 85
THE GOVERNMENT OF
AFGHANISTAN CONSISTS OF THE PRIME MINISTER AND THE
MINISTERS. THE PRIME MINISTER IS THE HEAD AND THE MINISTERS
ARE THE MEMBERS OF THE GOVERNMENT. THE NUMBER OF MINISTERS
AND THEIR FUNCTIONS SHALL BE REGULATED BY LAW.
ARTICLE 86
ANY PERSON WHO, IN
ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, IS
ELIGIBLE FOR ELECTION TO THE WOLESI JIRGA (HOUSE OF THE
PEOPLE) MAY BE APPOINTED AS THE HEAD OR MEMBER OF THE
GOVERNMENT. THE HEAD OF THE GOVERNMENT SHALL BE AN AFGHAN BY
BIRTH. THE HEAD AND MEMBERS OF THE GOVERNMENT MAY BE
APPOINTED FROM THE MEMBERS OF THE SHURA (PARLIAMENT) OR
OUTSIDE OF IT. ANY MEMBER OF THE SHURA (PARLIAMENT)
APPOINTED AS THE HEAD OR A MEMBER OF THE GOVERNMENT SHALL
CEASE TO BE A MEMBER OF THE SHURA (PARLIAMENT).
ARTICLE 87
THE PRIME MINISTER AND
THE MINISTERS CANNOT ENGAGE IN ANY OTHER PROFESSION DURING
THEIR TENURE OF OFFICE.
ARTICLE 88
SUITABLE SALARIES SHALL
BE FIXED BY LAW FOR THE HEAD AND MEMBERS OF THE GOVERNMENT.
ARTICLE 89
THE GOVERNMENT SHALL BE
FORMED BY THE PERSON DESIGNATED AS PRIME MINISTER BY THE
KING. THE MEMBERS AND POLICY OF THE GOVERNMENT ARE PRESENTED
BY THE PRIME MINISTER TO THE WOLESI JIRGA (HOUSE OF THE
PEOPLE), WHICH, AFTER DEBATE, RESOLVES ON A VOTE OF
CONFIDENCE IN THE GOVERNMENT. WHEN THE VOTE OF CONFIDENCE IS
GIVEN, THE KING ISSUES A ROYAL DECREE APPOINTING THE HEAD
AND MEMBERS OF THE GOVERNMENT. AFTERWARDS THE PRIME MINISTER
ACQUAINTS THE MESHRANO JIRGA (HOUSE OF THE ELDERS) WITH THE
POLICY OF THE GOVERNMENT.
ARTICLE 90
WHENEVER A GOVERNMENT
FALLS BECAUSE OF THE DEATH OR RESIGNATION OF THE PRIME
MINISTER DURING THE DISSOLUTION OF THE SHURA (PARLIAMENT), A
NEW GOVERNMENT SHALL BE APPOINTED BY A ROYAL DECREE. THE
PRIME MINISTER SHALL INTRODUCE THE MEMBERS OF THE GOVERNMENT
AND ITS POLICY TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE) AT
THE OPENING OF THE NEW TERM OF SHURA (PARLIAMENT) AND SHALL
ASK FOR A VOTE OF CONFIDENCE.
ARTICLE 91
THE GOVERNMENT FALLS IN
THE FOLLOWING CIRCUMSTANCES:
1) ON THE PRIME
MINISTER'S RESIGNATION OR DEATH.
2) ON A VOTE OF NO CONFIDENCE AGAINST THE GOVERNMENT BY THE
WOLESI JIRGA (HOUSE OF THE PEOPLE).
3) ON THE CHARGE OF HIGH TREASON AGAINST THE HEAD OR ALL
MEMBERS OF THE GOVERNMENT, AS STIPULATED IN ARTICLE 93.
4) ON THE DISSOLUTION OF THE SHURA (PARLIAMENT). 5) ON THE
TERMINATION OF THE LEGISLATIVE TERM.
IN THE LAST TWO CASES,
THE GOVERNMENT SHALL CEASE TO EXIST WITH THE FIRST MEETING
OF THE NEW WOLESI JIRGA (HOUSE OF THE PEOPLE). IN THE CASE
OF RESIGNATION OF THE PRIME MINISTER, THE GOVERNMENT CEASES
TO EXIST AFTER THE ACCEPTANCE OF THE RESIGNATION BY THE
KING. IN THE EVENT OF THE PRIME MINISTER'S DEATH, ONE OF THE
MINISTERS, ON ORDERS FROM THE KING, DISCHARGES THE DUTIES OF
PRIME MINISTER UNTIL A NEW GOVERNMENT IS FORMED. WHEN THE
GOVERNMENT FALLS DUE TO THE ALLEGATION OF HIGH TREASON,
UNDER THE PROVISION OF ARTICLE 93, THE PERSON APPOINTED BY
THE KING AS THE PRIME MINISTER CAN CONTINUE HIS DUTIES
WITHOUT RECEIVING A VOTE OF CONFIDENCE UNTIL THE FIRST
MEETING OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) FOLLOWING
THE DECISION OF THE LOYA JIRGA (GREAT COUNCIL) ON THE
ALLEGATION. IN ALL OTHER CASES THE OUTGOING GOVERNMENT SHALL
CONTINUE IN OFFICE UNTIL A NEW GOVERNMENT IS FORMED.
ARTICLE 92
THE VOTE OF NO CONFIDENCE
AGAINST THE GOVERNMENT SHALL BE SPECIFIC AND DIRECT. IN THE
TWO LEGISLATIVE TERMS FOLLOWING THE PROMULGATION OF THIS
CONSTITUTION, A VOTE OF NO CONFIDENCE AGAINST THE GOVERNMENT
SHALL BE BY A TWO THIRDS MAJORITY OF THE WOLESI JIRGA (HOUSE
OF THE PEOPLE) AND FOR GOVERNMENTS AFTER THAT PERIOD, BY A
MAJORITY VOTE OF THE MEMBERS.
ARTICLE 93
WHEN MORE THAN ONE THIRD
OF THE MEMBERS OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE)
DEMAND THE IMPEACHMENT OF THE PRIME MINISTER OR OF A
MAJORITY OF THE MEMBERS OF THE GOVERNMENT ON A CHARGE OF
HIGH TREASON, AND THE WOLESI JIRGA (HOUSE OF THE PEOPLE)
APPROVES THIS DEMAND BY A TWO THIRDS MAJORITY OF THE
MEMBERS, THE GOVERNMENT FALLS AND A MEETING OF THE LOYA
JIRGA (GREAT COUNCIL) IS CALLED TO APPOINT AN ENQUIRY
COMMISSION. IF AFTER STUDYING THE REPORT OF THE COMMISSION,
THE LOYA JIRGA (GREAT COUNCIL) DECIDES BY A TWO THIRDS
MAJORITY VOTE OF THE MEMBERS THAT PROSECUTION IS NECESSARY,
IT COMMISSIONS A MEMBER OF THE WOLESI JIRGA (HOUSE OF THE
PEOPLE) TO FILE A SUIT AGAINST THE ACCUSED IN THE SUPREME
COURT. THE ABOVE PROVISION SHALL ALSO APPLY TO ONE OR A FEW
MINISTERS NUMBERING LESS THAN HALF WHO ARE ACCUSED OF HIGH
TREASON. AS A RESULT OF THE ACCUSATION, THE ACCUSED SHALL BE
RELIEVED OF HIS DUTIES BUT THE GOVERNMENT SHALL NOT FAIL.
ARTICLE 94
IMPLEMENTATION OF THE
PROVISIONS OF THIS CONSTITUTION AND ALL THE LAWS,
ENFORCEMENT OF THE FINAL JUDGMENTS OF THE COURTS, ADOPTION
OF NECESSARY MEASURES FOR THE MAINTENANCE OF PUBLIC ORDER
AND SECURITY, REGULATION OF FINANCIAL AFFAIRS OF THE STATE,
PROTECTION OF PUBLIC PROPERTY, DEVELOPMENT OF THE SOCIAL,
CULTURAL AND ECONOMIC CONDITION OF THE PEOPLE, PRESERVATION
OF INDEPENDENCE, DEFENSE OF TERRITORIAL INTEGRITY AND
PROTECTION OF THE INTERESTS AND PRESTIGE OF AFGHANISTAN IN
THE INTERNATIONAL COMMUNITY ARE THE DUTIES OF THE
GOVERNMENT. TO REGULATE ITS FUNCTIONS, THE GOVERNMENT SHALL
MAKE REGULATIONS BASED ON LAWS. NO REGULATION SHALL BE
REPUGNANT TO THE LETTER OR SPIRIT OF ANY LAW.
ARTICLE 95
THE COUNCIL OF MINISTERS
LAYS DOWN THE BASIC LINES OF THE POLICY OF THE GOVERNMENT
AND APPROVES THOSE REGULATIONS WHICH ARE WITHIN THE
COMPETENCE OF THE GOVERNMENT. THE PRIME MINISTER PRESIDES
OVER THE COUNCIL OF MINISTERS, DIRECTS AND GUIDES THE
ACTIVITIES OF THE GOVERNMENT AND SECURES COORDINATION IN ITS
WORK. THE PRIME MINISTER IS ALSO RESPONSIBLE FOR MAINTAINING
LIAISON BETWEEN THE GOVERNMENT, ON THE ONE SIDE, AND THE
KING AND THE SHURA (PARLIAMENT) ON THE OTHER SIDE. THE
MINISTERS DISCHARGE THEIR DUTIES, AS HEADS OF THE
ADMINISTRATIVE UNITS, AND AS MEMBERS OF THE GOVERNMENT,
UNDER THE ORDER AND GUIDANCE OF THE PRIME MINISTER WITHIN
THE LIMITATIONS ESTABLISHED BY THIS CONSTITUTION AND THE
LAWS.
ARTICLE 96
THE PRIME MINISTER AND
THE MINISTERS ARE COLLECTIVELY RESPONSIBLE TO THE WOLESI
JIRGA (HOUSE OF THE PEOPLE) FOR THE GENERAL POLICY OF THE
GOVERNMENT, AND INDIVIDUALLY FOR THEIR PRESCRIBED DUTIES.
THE PRIME MINISTER AND THE MINISTERS ARE ALSO RESPONSIBLE
FOR THOSE ACTIONS OF THE GOVERNMENT CONCERNING WHICH THEY
OBTAIN A ROYAL DECREE, IN ACCORDANCE WITH THE PROVISIONS OF
THIS CONSTITUTION.
TITLE SEVEN
THE JUDICIARY
ARTICLE 97
THE JUDICIARY IS ALL
INDEPENDENT ORGAN OF THE STATE AND DISCHARGES ITS DUTIES
SIDE BY SIDE WITH THE LEGISLATIVE AND EXECUTIVE ORGANS.
ARTICLE 98
THE JUDICIARY CONSISTS OF
A SUPREME COURT AND OTHER COURTS, THE NUMBER OF WHICH SHALL
BE DETERMINED BY LAW. IT IS WITHIN THE JURISDICTION OF THE
JUDICIARY TO ADJUDICATE IN ALL LITIGATION BROUGHT BEFORE IT
ACCORDING TO THE RULES OF LAW, IN WHICH REAL OR LEGAL
PERSONS, INCLUDING THE STATE, ARE INVOLVED EITHER AS
PLAINTIFF OR DEFENDANT. UNDER NO CIRCUMSTANCES SHALL A LAW
EXCLUDE FROM THE JURISDICTION OF THE JUDICIARY, AS DEFINED
IN THIS TITLE, A CASE OR SPHERE, AND ASSIGN IT TO OTHER
AUTHORITIES. THIS PROVISION DOES NOT PREVENT THE
ESTABLISHMENT OF MILITARY COURTS; BUT THE JURISDICTION OF
THESE COURTS IS CONFINED TO OFFENSES RELATED TO THE ARMED
FORCES OF AFGHANISTAN. THE ORGANIZATION AND JURISDICTION OF
THE MILITARY COURTS SHALL BE DETERMINED BY LAW.
ARTICLE 99
THE JUDGES ARE APPOINTED
BY THE KING ON THE RECOMMENDATION OF THE CHIEF JUSTICE.
WHENEVER A JUDGE COMMITS AN OFFENSE, THE SUPREME COURT
CONSIDERS THE CASE OF THE JUDGE, AND AFTER HEARING THE
DEFENSE OF THE JUDGE CAN RECOMMEND HIS DISMISSAL TO THE
KING. IN CASE THE RECOMMENDATION IS APPROVED BY THE KING,
THE JUDGE IS DISMISSED FROM OFFICE. TRANSFERS, PROMOTIONS,
CALLING TO ACCOUNT, AND RECOMMENDATIONS FOR RETIREMENT OF
THE JUDGES ARE WITHIN THE COMPETENCE OF THE SUPREME COURT,
IN ACCORDANCE WITH THE PROVISION OF THE LAW. SUITABLE
SALARIES FOR THE JUDGES ARE FIXED BY LAW. JUDGES CANNOT
ENGAGE IN OTHER OCCUPATIONS DURING THEIR TENURE OF OFFICE.
ARTICLE 100
IN THE COURTS OF
AFGHANISTAN TRIALS ARE HELD OPENLY AND EVERYONE MAY ATTEND
IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE COURT MAY
IN EXCEPTIONAL CASES SPECIFIED IN THE LAW HOLD CLOSED
TRIALS. HOWEVER, THE JUDGMENT SHALL ALWAYS BE OPENLY
PROCLAIMED. THE COURTS ARE BOUND TO STATE IN THEIR JUDGMENTS
THE REASONS FOR THEIR VERDICTS.
ARTICLE 101
THE ENFORCEMENT OF ALL
FINAL JUDGMENTS OF THE COURTS IS OBLIGATORY EXCEPT IN THE
CASE OF A DEATH SENTENCE WHERE THE EXECUTION OF THE COURT
DECISION IS SUBJECT TO THE KING'S SIGNATURE.
ARTICLE 102
THE COURTS IN THE CASES
UNDER THEIR CONSIDERATION SHALL APPLY THE PROVISIONS OF THIS
CONSTITUTION AND THE LAWS OF THE STATE. WHENEVER NO
PROVISION EXISTS IN THE CONSTITUTION OR THE LAWS FOR A CASE
UNDER CONSIDERATION, THE COURT SHALL, BY FOLLOWING THE BASIC
PRINCIPLES OF THE HANAFI JURISPRUDENCE OF THE SHARIAAT OF
ISLAM AND WITHIN THE PROVISIONS SET FORTH IN THIS
CONSTITUTION, RENDER A DECISION THAT IN THEIR OPINION
SECURES JUSTICE IN THE BEST POSSIBLE WAY.
ARTICLE 103
INVESTIGATION OF CRIMES
SHALL BE CONDUCTED, IN ACCORDANCE WITH THE PROVISIONS OF THE
LAW, BY THE ATTORNEY GENERAL, WHO IS A PART OF THE EXECUTIVE
ORGAN OF THE STATE.
ARTICLE 104
SUBJECT TO THE PROVISIONS
OF THIS CONSTITUTION, RULES RELATING TO THE ORGANIZATION AND
THE FUNCTION OF THE COURTS, AND MATTERS CONCERNING JUDGES
SHALL BE REGULATED BY LAW. THE PRINCIPAL AIM OF THESE LAWS
SHALL BE THE ESTABLISHMENT OF UNIFORMITY IN JUDICIAL
PRACTICE, ORGANIZATION, JURISDICTION, AND PROCEDURES OF THE
COURTS.
ARTICLE 105
THE SUPREME COURT
CONSISTS OF NINE JUDGES APPOINTED BY THE KING. THE KING
SHALL APPOINT THE MEMBERS OF THE SUPREME COURT FROM AMONGST
PERSONS WHO SHALL:
1) HAVE COMPLETED 35
YEARS.
2) BE ELIGIBLE FOR
ELECTION TO THE SHURA (PARLIAMENT) IN ACCORDANCE WITH THE
PROVISIONS OF ARTICLE 46.
3) HAVE SUFFICIENT
KNOWLEDGE OF JURISPRUDENCE, THE NATIONAL OBJECTIVES, AND THE
LAWS AND LEGAL SYSTEM IN AFGHANISTAN. THE KING APPOINTS ONE
OF THE JUDGES OF THE SUPREME COURT, WHOSE AGE IS NOT LESS
THAN 40 AND NOT OVER 60 YEARS, AS THE CHIEF JUSTICE. THE
KING CAN REVIEW THE APPOINTMENT OF THE CHIEF JUSTICE AND THE
JUDGES OF THE SUPREME COURT AFTER THE LAPSE OF TEN YEARS
FROM THE DATE OF THEIR APPOINTMENT TO THE SAID OFFICES.
SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND OF ARTICLE
106, THE CHIEF JUSTICE AND JUDGES OF THE SUPREME COURT SHALL
NOT BE REMOVED FROM THEIR OFFICES BY ANY OTHER MEANS. EXCEPT
IN THE CASE MENTIONED IN ARTICLE 106, THE CHIEF JUSTICE AND
JUDGES OF THE SUPREME COURT SHALL, AFTER THEIR TENURE IN
OFFICE, ENJOY FOR THE REST OF THEIR LIVES ALL THE FINANCIAL
PRIVILEGES PERTAINING TO THE TERM OF THEIR SERVICES. THE
CHIEF JUSTICE AND JUDGES OF THE SUPREME COURT SHALL NOT,
AFTER THE TERMINATION OF THEIR SERVICES, BECOME PRIME
MINISTER OR MEMBERS OF THE GOVERNMENT, MEMBERS OF THE SHURA
(PARLIAMENT) OR GOVERNMENT OFFICIALS. THE CHIEF JUSTICE AND
MEMBERS OF THE SUPREME COURT SHALL NOT PARTICIPATE IN
POLITICAL PARTIES DURING OR AFTER THEIR TENURE OF OFFICE.
ARTICLE 106
SHOULD MORE THAN ONE
THIRD OF THE MEMBERS OF THE WOLESI JIRGA (HOUSE OF THE
PEOPLE) DEMAND THE IMPEACHMENT OF THE CHIEF JUSTICE OR ONE
OR MORE JUDGES OF THE SUPREME COURT ON A CHARGE OF A CRIME
STEMMING FROM THE PERFORMANCE OF THEIR DUTIES, AND THE
WOLESI JIRGA (HOUSE OF THE PEOPLE) APPROVE THIS DEMAND BY A
MAJORITY OF TWO THIRDS OF ITS MEMBERS, THE ACCUSED IS
SUSPENDED FROM OFFICE AND A MEETING OF THE LOYA JIRGA (GREAT
COUNCIL) IS CALLED TO APPOINT A COMMISSION OF ENQUIRY. IF
THE LOYA JIRGA (GREAT COUNCIL), AFTER STUDYING THE REPORT OF
THE COMMISSION, DECIDES BY A TWO THIRDS MAJORITY OF ITS
MEMBERS THAT THE PROSECUTION OF THE ACCUSED IS NECESSARY, IT
SHALL APPOINT ONE OF ITS MEMBERS TO FILE A SUIT AND SHALL
APPOINT A PANEL OF EIGHT PERSONS TO ACT AS A TRIBUNAL. THE
TRIBUNAL, PRESIDED OVER BY THE PRESIDENT OF THE MESHRANO
JIRGA (HOUSE OF THE ELDERS), SHALL TRY THE ACCUSED IN
ACCORDANCE WITH THE CRIMINAL PROCEDURES OF THE SUPREME
COURT. THE ACCUSED, IF PROVED GUILTY, SHALL BE DISMISSED
FROM OFFICE AND PUNISHED.
ARTICLE 107
THE SUPREME COURT IS THE
HIGHEST JUDICIAL AUTHORITY IN AFGHANISTAN. THE SUPREME COURT
REGULATES THE ORGANIZATION AND FUNCTIONS OF THE COURTS AND
THE JUDICIAL AFFAIRS OF THE STATE IN ACCORDANCE WITH THE
PROVISIONS OF THIS CONSTITUTION AND THE LAW. THE SUPREME
COURT ADOPTS NECESSARY MEASURES TO ORGANIZE THE
ADMINISTRATIVE AFFAIRS OF THE COURTS. THE BUDGET OF THE
JUDICIARY IS PREPARED BY THE CHIEF JUSTICE IN CONSULTATION
WITH THE GOVERNMENT AND, AFTER THE APPROVAL OF THE SUPREME
COURT, IS PRESENTED BY THE GOVERNMENT TO THE SHURA
(PARLIAMENT) AS A PART OF THE STATE BUDGET. THE SUPREME
COURT ADMINISTERS THE BUDGET OF THE JUDICIARY. THE
PROVISIONS OF THE LAW RELATING TO CIVIL SERVANTS AND OTHER
ADMINISTRATIVE EMPLOYEES OF THE STATE ARE APPLICABLE TO THE
CIVIL SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES OF THE
JUDICIARY. HOWEVER, THEIR APPOINTMENT, PROMOTION, DISMISSAL,
RETIREMENT, AND CALLING TO ACCOUNT SHALL BE WITHIN THE
COMPETENCE OF THE SUPREME COURT, IN ACCORDANCE WITH THE LAW.
TITLE EIGHT
THE
ADMINISTRATION
ARTICLE 108
THE ADMINISTRATION OF
AFGHANISTAN IS BASED UPON THE PRINCIPAL OF CENTRALIZATION,
IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. THE CENTRAL
ADMINISTRATION SHALL BE DIVIDED INTO A NUMBER OF
ADMINISTRATIVE UNITS EACH HEADED BY A MINISTER, AS PROVIDED
IN THE LAW. THE UNIT OF LOCAL ADMINISTRATION IS THE
PROVINCE. THE NUMBER, AREA, SUBDIVISIONS AND ORGANIZATION OF
THE PROVINCES SHALL BE FIXED BY LAW.
ARTICLE 109
IN EACH PROVINCE A
PROVINCIAL COUNCIL SHALL BE FORMED. THE MEMBERS OF THE
PROVINCIAL COUNCIL SHALL BE ELECTED BY THE RESIDENTS OF THE
PROVINCE IN A FREE, UNIVERSAL, DIRECT AND SECRET ELECTION.
THE PROVINCIAL COUNCIL SHALL ELECT ONE OF ITS MEMBERS AS
CHAIRMAN. THE PROVINCIAL COUNCILS SHALL TAKE PART IN THE
REALIZATION OF THE DEVELOPMENT TARGETS OF THE STATE IN THE
MANNER SPECIFIED BY LAW. SIMILARLY, THE PROVINCIAL COUNCILS
SHALL ADVISE THE PROVINCIAL GOVERNMENT ON MATTERS PERTAINING
TO THE BETTERMENT OF THE CONDITION AND THE GENERAL
DEVELOPMENT OF THE PROVINCE. THE PROVINCIAL COUNCIL SHALL
DISCHARGE ITS DUTIES IN COOPERATION WITH THE PROVINCIAL
GOVERNMENT. SUITABLE SALARIES FOR THE MEMBERS OF THE
PROVINCIAL COUNCILS SHALL BE FIXED BY LAW.
ARTICLE 110
LAWS SHALL BE FRAMED IN
ACCORDANCE WITH THE PRINCIPLES OF THIS TITLE TO ORGANIZE THE
WORK OF THE LOCAL ADMINISTRATION. ONE OF THE OBJECTIVES OF
THESE LAWS SHALL BE THE EXTENSION OF THE COUNCILS TO THE
VILLAGE LEVEL AND THEIR EVER INCREASING PARTICIPATION IN THE
LOCAL ADMINISTRATION.
ARTICLE 111
MUNICIPALITIES SHALL BE
ORGANIZED TO ADMINISTER THE AFFAIRS OF THE CITIES. MUNICIPAL
COUNCILS SHALL BE ESTABLISHED BY FREE, UNIVERSAL, DIRECT AND
SECRET ELECTION. SUBJECT TO THE PROVISIONS OF THIS TITLE,
MATTERS RELATING TO THE MUNICIPALITIES SHALL BE REGULATED BY
LAW.
ARTICLE 112
THE FUNCTIONS OF THE
ADMINISTRATION SHALL BE CARRIED OUT BY THE CIVIL SERVANTS
AND OTHER ADMINISTRATIVE EMPLOYEES. SUITABLE SALARIES SHALL
BE FIXED BY LAW FOR THE CIVIL SERVANTS AND OTHER
ADMINISTRATIVE EMPLOYEES. THE RIGHTS AND DUTIES OF THE CIVIL
SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES SHALL BE
REGULATED BY LAW.
TITLE NINE
STATE OF
EMERGENCY
ARTICLE 113
WHENEVER THE PRESERVATION
OF INDEPENDENCE AND THE CONTINUANCE OF NATIONAL LIFE BECOME
IMPOSSIBLE THROUGH THE CHANNELS PROVIDED FOR IN THIS
CONSTITUTION DUE TO WAR, DANGER OF WAR, SERIOUS
DISTURBANCES, OR SIMILAR CONDITIONS WHICH ENDANGER THE
COUNTRY, A STATE OF EMERGENCY SHALL BE DECLARED BY THE KING.
SHOULD A STATE OF EMERGENCY CONTINUE FOR MORE THAN THREE
MONTHS, THE CONCURRENCE OF THE LOYA JIRGA (GREAT COUNCIL) IS
IMPERATIVE FOR ITS EXTENSION.
ARTICLE 114
IN A STATE OF EMERGENCY,
THE KING MAY TRANSFER ALL OR PART OF THE POWERS OF THE SHURA
(PARLIAMENT) TO THE GOVERNMENT.
ARTICLE 115
IN A STATE OF EMERGENCY,
THE GOVERNMENT, AFTER OBTAINING THE CONCURRENCE OF THE
SUPREME COURT, MAY, BY ORDINANCES, SUSPEND OR IMPOSE
RESTRICTIONS UPON THE FOLLOWING PROVISIONS OF THIS
CONSTITUTION:
1) SECTION ONE OF ARTICLE
28.
2) SECTION THREE OF ARTICLE 29.
3) SECTION TWO OF ARTICLE 30.
4) SECTION ONE OF ARTICLE 32.
5) SECTION ONE OF ARTICLE 33.
ARTICLE 116
THE KING MAY, IN A STATE
OF EMERGENCY, TRANSFER THE CAPITAL TEMPORARILY FROM THE CITY
(KABUL) TO ANOTHER PLACE.
ARTICLE 117
SHOULD THE LEGISLATIVE
TERM OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) OR THE TERM
OF OFFICE OF A PART OF THE MEMBERS OF THE MESHRANO JIRGA
(HOUSE OF THE ELDERS) COME TO AN END DURING THE STATE OF
EMERGENCY, THE KING MAY POSTPONE THE HOLDING OF NEW
ELECTIONS AND EXTEND THE LEGISLATIVE TERM OF THE WOLESI
JIRGA (HOUSE OF THE PEOPLE) OR THE TERM OF OFFICE OF THE
SAID MEMBERS OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS),
UNTIL THE STATE OF EMERGENCY COMES TO AN END. ELECTIONS
SHALL BE HELD IMMEDIATELY AFTER THE TERMINATION OF THE STATE
OF EMERGENCY.
ARTICLE 118
THE CONSTITUTION SHALL
NOT BE AMENDED DURING A STATE OF EMERGENCY.
ARTICLE 119
AT THE END OF A STATE OF
EMERGENCY, THE MEASURES ADOPTED UNDER ARTICLE 115 BECOME
IMMEDIATELY INVALID. MEASURES ADOPTED BY THE GOVERNMENT IN
ACCORDANCE WITH THE PROVISIONS OF ARTICLE 114 SHALL BE
SUBMITTED TO THE SHURA (PARLIAMENT) WITHIN ONE MONTH FROM
THE DATE OF ITS FIRST MEETING FOLLOWING THE END OF THE STATE
OF EMERGENCY. THESE MEASURES BECOME NULL AND VOID IF THE
SHURA (PARLIAMENT) REJECTS THEM. WHENEVER DURING A STATE OF
EMERGENCY A GOVERNMENT HAS BEEN FORMED WHICH HAS NOT
OBTAINED A VOTE OF CONFIDENCE FROM THE WOLESI JIRGA (HOUSE
OF THE PEOPLE) UNDER THE PROVISION OF ARTICLE 114, A MOTION
FOR A VOTE OF CONFIDENCE SHALL BE PUT IMMEDIATELY BEFORE THE
WOLESI JIRGA (HOUSE OF THE PEOPLE) AFTER THE END OF THE
STATE OF EMERGENCY, FOR DEBATE AND DECISION THEREON.
TITLE TEN
AMENDMENT
ARTICLE 120
ADHERENCE TO THE BASIC
PRINCIPLES OF ISLAM, CONSTITUTIONAL MONARCH IN ACCORDANCE
WITH THE PROVISIONS OF THIS CONSTITUTION, AND THE VALUES
EMBODIED IN ARTICLE 8 SHALL NOT BE SUBJECT TO AMENDMENT.
AMENDMENTS TO OTHER PROVISIONS OF THE CONSTITUTION MAY BE
INITIATED BY THE COUNCIL OF MINISTERS OR ONE THIRD OF THE
MEMBERS OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) OR THE
MESHRANO JIRGA (HOUSE OF THE ELDERS), IN ACCORDANCE WITH THE
PROVISIONS OF THIS TITLE.
ARTICLE 121
THE PROPOSAL FOR
AMENDMENT IS DISCUSSED BY THE LOYA JIRGA (GREAT COUNCIL),
AND IN CASE A MAJORITY OF THE MEMBERS APPROVES ITS
NECESSITY, A COMMITTEE FROM AMONGST ITS MEMBERS SHALL BE
APPOINTED TO FORMULATE THE AMENDMENT. THE COMMITTEE SHALL
FORMULATE THE AMENDMENT WITH THE ADVICE OF THE COUNCIL OF
MINISTERS AND THE SUPREME COURT, FOR SUBMISSION TO THE LOYA
JIRGA (GREAT COUNCIL). IN CASE THE LOYA JIRGA (GREAT
COUNCIL) APPROVES THE DRAFT AMENDMENT WITH A MAJORITY VOTE
OF ITS MEMBERS, IT IS SUBMITTED TO THE KING. THE KING SHALL
DISSOLVE THE SHURA (PARLIAMENT), CIRCULATE THE DRAFT
AMENDMENT TO THE PUBLIC AND PROCLAIM THE DATE OF THE NEW
ELECTIONS. THE NEW ELECTIONS SHALL TAKE PLACE WITHIN FOUR
MONTHS FROM THE DISSOLUTION OF THE SHURA (PARLIAMENT).
ARTICLE 122
FOLLOWING THE OPENING OF
THE SHURA (PARLIAMENT) AND THE FORMATION OF THE GOVERNMENT
THE KING SUMMONS THE LOYA JIRGA (GREAT COUNCIL), WHICH,
AFTER CONSIDERATION, APPROVES OR REJECTS THE TEXT OF THE
DRAFT AMENDMENT. THE DECISION OF THE LOYA JIRGA (GREAT
COUNCIL) IN THIS RESPECT SHALL BE BY A TWO THIRDS MAJORITY
VOTE OF ITS MEMBERS AND SHALL BE ENFORCED AFTER IT HAS BEEN
SIGNED BY THE KING.
TITLE ELEVEN
TRANSITIONAL
PROVISIONS
ARTICLE 123
SUBJECT TO THE PROVISIONS
OF THIS TITLE, THIS CONSTITUTION SHALL COME INTO FORCE FROM
THE DATE IT IS SIGNED AND PROCLAIMED BY THE KING.
ARTICLE 124
AFTER THE KING PROCLAIMS
THIS CONSTITUTION, THE NATIONAL ASSEMBLY AND THE SENATE ARE
CONSIDERED TO BE DISSOLVED.
ARTICLE 125
THE NEW SHURA
(PARLIAMENT) SHALL BE INAUGURATED ON MEEZAN 22, 1344, A. H.
THE PERIOD BETWEEN THE PROCLAMATION OF THIS CONSTITUTION AND
THE INAUGURATION OF THE NEW SHURA (PARLIAMENT) SHALL BE
CONSIDERED THE INTERIM PERIOD. DURING THE INTERIM PERIOD,
THE POWERS OF THE SHURA (PARLIAMENT) ARE TRANSFERRED TO THE
GOVERNMENT. ORDINANCES ISSUED DURING THE INTERIM PERIOD,
UNDER THE PROVISIONS OF THIS TITLE, SHALL BE SUBMITTED TO
THE WOLESI JIRGA (HOUSE OF THE PEOPLE) IN ACCORDANCE WITH
THE PROVISIONS OF ARTICLE 77. IF DURING THE INTERIM PERIOD A
SITUATION ARISES, WHICH, IN ACCORDANCE WITH THE PROVISIONS
OF THIS CONSTITUTION, NECESSITATES THE CONVENING OF THE LOYA
JIRGA (GREAT COUNCIL), THE DISSOLVED NATIONAL ASSEMBLY AND
THE SENATE SHALL BE SUMMONED AND THE LOYA JIRGA (GREAT
COUNCIL) CONSTITUTED IN ACCORDANCE WITH THE PROVISIONS OF
ARTICLE 78. IF THE PROVINCIAL COUNCILS ARE NOT IN EXISTENCE
WHEN ONE OF THE ABOVE MENTIONED SITUATIONS ARISES, THE LOYA
JIRGA (GREAT COUNCIL) SHALL BE CONSTITUTED WITHOUT THE
CHAIRMEN OF THE PROVINCIAL COUNCILS.
ARTICLE 126
THE FOLLOWING SHALL BE
AMONG THE DUTIES OF THE GOVERNMENT DURING THE INTERIM
PERIOD:
1) TO PREPARE ORDINANCES
RELATING TO ELECTIONS, BASIC ORGANIZATION OF THE STATE, THE
PRESS, AND JUDICIAL ORGANIZATION AND JURISDICTION, AND TO
SUBMIT THE SAME TO THE KING FOR HIS SIGNATURE.
2) TO PREPARE DRAFTS OF
BILLS RELATING TO POLITICAL PARTIES AND PROVINCIAL COUNCILS,
AND TO SUBMIT THEM TO THE SHURA (PARLIAMENT), CONVENED AFTER
THE INTERIM PERIOD.
3) TO ADOPT NECESSARY
MEASURES AND PREPARE THE GROUND FOR THE IMPLEMENTATION OF
THE PROVISIONS OF THIS CONSTITUTION.
ARTICLE 127
THE SUPREME COURT SHALL
COME INTO EXISTENCE ON THE 22ND DAY OF MEEZAN, 1346 A.H. IF
IN THE INTERIM THE APPLICATION OF THE PROVISIONS OF ARTICLES
15, 17, 19, 21, 22, AND 115 OF THIS CONSTITUTION IS CALLED
FOR, THE PROVISIONS OF THE SAID ARTICLES SHALL BE ENFORCED
WITHOUT THE PARTICIPATION OF THE SUPREME COURT OR THE CHIEF
JUSTICE. DURING THE TIME BETWEEN THE PROCLAMATION OF THIS
CONSTITUTION AND THE ESTABLISHMENT OF THE SUPREME COURT, THE
KING HAS THE AUTHORITY TO TAKE NECESSARY MEASURES FOR
SECURING THE PERFORMANCE OF THE FUNCTIONS OF THE SUPREME
COURT.
ARTICLE 128
LAWS, ISSUED PRIOR TO THE
PROCLAMATION OF THIS CONSTITUTION SHALL BE CONSIDERED
EFFECTIVE PROVIDED THEY ARE NOT REPUGNANT TO THE PROVISIONS
OF THIS CONSTITUTION AND ARE NOT NULLIFIED BY NEW LAWS. |