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(Unofficial Translation)
(Please refer to official Pashtu and Dari texts for accuracy)
The Constitution of Afghanistan
Year 1382
In the Name of God, the Merciful, the Compassionate
Contents
Preamble
In the name of God, the Merciful, the Compassionate
Preamb
We the people of Afghanistan:
- With firm faith in God Almighty and relying on His mercy, and Believing
in the
Sacred religion of Islam,
- Observing the United Nations Charter and respecting the Universal
Declaration of Human Rights,
- Realizing the injustice and shortcoming of the past, and the numerous
troubles imposed on our country,
- While acknowledging the sacrifices and the historic struggles, rightful
Jehad and resistance of the Nation, and respecting the high position
of the martyrs for the freedom of Afghanistan,
- Understanding the fact that Afghanistan is a single and united country
and belongs to all ethnicity residing in this country,
- For consolidating, national unity, safeguarding independence, national
sovereignty, and territorial integrity of the country,
- For establishing a government based on people's will and democracy,
- For creation of a civil society free of oppression, atrocity, discrimination,
and violence, based on rule of law, social justice, protection of human
rights, and dignity, and ensuring fundamental rights and freedoms of
the people,
- For strengthening of political, social, economic, and defensive institutions
of the country,
- For ensuring a prosperous life, and sound environment for all those
residing in this land,
- And finally for regaining Afghanistan's deserving place in the international
community,
Have adopted this constitution in compliance with historical, cultural,
and social requirements of the era, through our elected representatives
in the Loya Jirga dated / /1382 in the city of Kabul.
Chapter One
The State
Article One - - Ch. 1. Art. 1
Afghanistan is an Islamic Republic, independent, unitary and indivisible
state.
Article Two - - Ch. 1, Art. 2
The religion of Afghanistan is the sacred religion of Islam.
Followers of other religions are free to perform their religious ceremonies
within the limits of the provisions of law.
Article Three - - Ch. 1, Art. 3
In Afghanistan, no law can be contrary to the sacred religion of Islam
and the values of this Constitution.
Article Four - - Ch. 1, Art. 4
National sovereignty in Afghanistan belongs to the nation that exercises
it directly or through its representatives.
The nation of Afghanistan consists of all individuals who are the citizen
of Afghanistan.
The word Afghan applies to every citizen of Afghanistan.
None of the citizens of the nation shall be deprived of his Afghan citizenship.
Affairs related to the citizenship and asylum are regulated by law.
Article Five - - Ch. 1, Art. 5
Implementation of the provisions of this constitution and other laws,
defending independence, national sovereignty, territorial integrity, and
ensuring the security and defense capability of the country, are the basic
duties of the state.
Article Six - - Ch. 1, Art. 6
The state is obliged to create a prosperous and progressive society based
on social justice, protection of human dignity, protection of human rights,
realization of democracy, and to ensure national unity and equality among
all ethnic groups and tribes and to provide for balanced development in
all areas of the country.
Article Seven - - Ch. 1, Art. 7
The state shall abide by the UN charter, international treaties, international
conventions that Afghanistan has signed, and the Universal Declaration
of Human Rights.
The state prevents all types of terrorist activities , production and
smuggling of narcotics.
Article Eight - - Ch. 1, Art. 8
The state regulates the foreign policy of the country on the basis of
preserving the independence, national interests, territorial integrity,
non-aggression, good neighborliness, mutual respect, and equal rights.
Article Nine
- - Ch. 1, Art. 9
Mines, underground resources are properties of the state.
Protection, use, management, and mode of utilization of the public properties
shall be regulated by law.
Article Ten - - Ch. 1, Art. 10
The State encourages and protects private capital investments and enterprises
based on the market economy and guarantee their protection in accordance
with the provisions of law.
Article Eleven - - Ch. 1, Art. 11
Affairs related to the domestic and external trade shall be regulated
by law in accordance with the needs of the national economy and public
interests.
Article Twelve - - Ch. 1, Art. 12
De Afghanistan Bank is the central and independent bank of the state.
Issuance of currency, and formulation and implementation of monetary
policy of the country are the mandates of the central bank in accordance
with law.
Structure and operation of this bank shall be regulated by law.
Article Thirteen - - Ch. 1, Art. 13
The state shall formulate and implement effective programs for development
of industries, growth of production, increasing of public living standards,
and support to craftsmanship.
Article Fourteen - - Ch. 1, Art. 14
The state shall design and implement within its financial resources effective
programs for development of agriculture and animal husbandry, improving
the economic, social and living conditions of farmers, herders, settlement
and living conditions of nomads.
The state adopts necessary measures for housing and distribution of public
estates to deserving citizens in accordance within its financial resources
and the law.
Article Fifteen - - Ch.1. Art. 15
The archeological artifacts are the state property.
The state is obliged to adopt necessary measures for safeguarding archeological
artifacts, proper exploitation of natural resources, and improvement of
ecological conditions.
Article Sixteen - - Ch. 1, Art. 16
From among the languages of Pashto, Dari, Uzbeki, Turkmani, Baluchi,
Pashaei, Nuristani, and other languages spoken in the country, Pashto
and Dari are the official languages of the state.
The state adopts and implements effective plans for strengthening, and
developing all languages of Afghanistan.
Publications and radio and television broadcasting are free in all other
languages spoken in the country.
Article Seventeen - - Ch. 1, Art. 17
The state shall adopt necessary measures for promotion of education in
all levels, development of religious education, organizing and improving
the conditions of mosques, madrasas and religious centers.
Article Eighteen - - Ch. 1, Art. 18
The calendar of the country shall be based on the pilgrimage of the Prophet
(PBUH).
The basis of work for state offices is the solar calendar.
Friday is a public holiday.
Article Nineteen - - Ch. 1, Art. 19
The Afghan flag is made up of three equal parts, with black, red and
green colors juxtaposed from left to right perpendicularly.
The width of every colored piece is equal to half of its length. The
national insignia is located in the center of the flag.
The national insignia of the state of Afghanistan is composed of Mehrab
and pulpit in white color.
Two flags are located on its two sides. In the upper-middle part of the
insignia the sacred phrase of "There is no God but Allah and Mohammad
is his prophet, and Allah is Great" is placed, along with a rising
sun. The word "Afghanistan" and year 1298 (solar calendar) is
located in the lower part of the insignia. The insignia is encircled with
two branches of wheat.
The law shall regulate the use of national flag and emblem.
Article Twenty - - Ch.1. Art. 20
The National Anthem of Afghanistan shall be in Pashtu.
Article Twenty-One - - Ch. 1, Art. 21
The capital of Afghanistan is the city of Kabul.
Chapter Two
Fundamental Rights and Duties of Citizens
Article Twenty-tow - - Ch. 2, Art. 1
Any kind of discrimination and privilege between the citizens of Afghanistan
are prohibited.
The citizens of Afghanistan have equal rights and duties before the law
Article Twenty-Three - - Ch. 2, Art. 2
Life is a gift of God and a natural right of human beings. No one shall
be deprived of this right except by the provision of law.
Article Twenty-Four - - Ch. 2, Art. 3
Liberty is the natural right of human beings. This right has no limits
unless affecting the rights of others or public interests, which are regulated
by law.
Liberty and dignity of human beings are inviolable.
The state has the duty to respect and protect the liberty and dignity
of human beings.
Article Twenty-Five - - Ch. 2, Art. 4
Innocence is the original state.
An accused is considered innocent until convicted by a final decision
of an authorized court.
Article Twenty-Six - - Ch.2. Art. 5
Crime is a personal action.
The prosecution, arrest, and detention of an accused and the execution
of penalty can not affect another person.
Article Twenty-Seven - - Ch. 2, Art. 6
No act is considered a crime, unless determined by a law adopted prior
to the date the offense is committed.
No person can be pursued, arrested or detained but in accordance with
provisions of law.
No person can be punished but in accordance with the decision of an authorized
court and in conformity with the law adopted before the date of offense.
Article Twenty-Eight - - Ch. 2, Art. 7
No citizen of Afghanistan accused of a crime can be extradited to a foreign
state unless according mutual agreement and international conventions
that Afghanistan has joined.
No Afghan would be sentenced to deprivation of citizenship or to exile
inside the country or abroad.
Article Twenty-Nine - - Ch. 2, Art. 8
Torture of human beings is prohibited.
No person, even with the intention of discovering the truth, can resort
to torture or order the torture of another person who may be under prosecution,
arrest, or imprisoned, or convicted to punishment.
Punishment contrary to human integrity is prohibited.
Article Thirty - - Ch. 2, Art. 9
Any statement, testimony, or confession obtained from an accused or of
another person by means of compulsion, are invalid.
Confession to a crime is: a voluntary confession before an authorized
court by an accused in a sound state of mind.
Article Thirty-One - - Ch. 2, Art. 10
Every person upon arrest can seek an advocate to defend his rights or
to defend his case for which he is accused under the law.
The accused upon arrest has the right to be informed of the attributed
accusation and to be summoned to the court within the limits determined
by law.
In criminal cases, the state shall appoint an advocate for a destitute.
The duties and authorities of advocates shall be regulated by law.
Article Thirty- Two - - Ch. 2, Art. 11
Being in debt does not limit a person's freedom or deprive him of his
liberties.
The mode and means of recovering a debt shall be regulated by law.
Article Thirty-Three - - Ch. 2, Art. 12
The citizens of Afghanistan have the right to elect and be elected.
Law regulates the conditions and means to exercise this right.
Article Thirty- Four - - Ch. 2, Art. 13
Freedom of expression is inviolable.
Every Afghan has the right to express his thought through speech, writing,
or illustration or other means, by observing the provisions stated in
this Constitution.
Every Afghan has the right to print or publish topics without prior submission
to the state authorities in accordance with the law.
Directives related to printing house, radio, television, press, and other
mass media, will be regulated by the law.
Article Thirty-Five - - Ch. 2, Art. 14
The citizens of Afghanistan have the right to form social organizations
for the purpose of securing material or spiritual aims in accordance with
the provisions of the law.
The citizens of Afghanistan have the right to form political parties in
accordance with the provisions of the law, provided that:
- The program and charter of the party are not contrary to the principles
of sacred religion of Islam, and the provisions and values of this Constitution.
- The organizational structure, and financial sources of the party
are made public.
- The party does not have military or paramilitary aims and structures.
- Should have no affiliation to a foreign political party or sources.
Formation and functioning of a party based on ethnicity, language, religion
and region is not permissible.
A party set up in accordance with provisions of the law shall not be dissolved
without lawful reasons and the decision of an authorized court.
Article Thirty-Six - - Ch. 2, Art. 15
The citizens of Afghanistan have the right to un-armed demonstrations,
for legitimate peaceful purposes.
Article Thirty-Seven - - Ch. 2, Art. 16
Confidentiality and freedom of correspondence and communication whether
in the form of letters or through telephone, telegraph and other means,
are immune from invasion.
The state does not have the right to inspect personal correspondence
and communication unless authorized by the provisions of law.
Article Thirty-Eight - - Ch. 2, Art. 17
A person's residence is immune from invasion.
Other than the situations and methods indicated in the law, no one, including
the state, are allowed to enter or inspect a private residence without
prior permission of the resident or holding a court order.
In case of an evident crime, an official in-charge of the situation can
enter or conduct a house search prior to the permission of the court.
The official involved in the situation is required to obtain a subsequent
court order for the house search within the period indicated by law.
Article Thirty-Nine - - Ch. 2, Article 18
Every Afghan has the right to travel or settle in any part of the country
except in the regions forbidden by law.
Every Afghan has the right to travel abroad and return home in accordance
with the provisions of law.
The state shall protect the rights of the citizens of Afghanistan abroad.
Article Forty - - Ch. 2, Art. 19
Property is immune from invasion.
No person shall be forbidden from acquiring and making use of a property
except within the limits of law.
No body's property shall be confiscated without the provisions of law
and the order of an authorized court.
Acquisition of a person's property, in return for a prior and just compensation
within the bounds of law, is permitted only for securing public interests
in accordance with the provisions of law.
Inspection and disclosure of a private property are carried out only
in accordance with the provisions of law.
Article Forty-one - - Ch. 2, Art. 20
Foreign individuals do not have the right to own immovable property in
Afghanistan.
Lease of immovable property for the purpose of investment is permissible
in accord with law.
The sale of estates to diplomatic missions of foreign countries and to
those international agencies, of which Afghanistan is a member, is permissible
in accordance with the provisions of law.
Article Forty-Two - - Ch. 2, Art. 21
Every Afghan is obligated to pay taxes and duties to the government in
accordance with the provisions of law.
No taxes and duties are enforced without provisions of law.
The rate of taxes and duties and the method of payment are determined
by law on the basis of observing social justice.
This provision is also applied to foreign individuals and agencies.
Every kind of tax, duties, and incomes collected, shall be delivered
to the State account.
Article Forty-Three - - Ch. 2, Art. 22
Education is the right of all citizens of Afghanistan, which shall be
provided up to secondary level, free of charge by the state.
The state is obliged to devise and implement effective programs for a
balanced expansion of education all over Afghanistan, and to provide compulsory
intermediate level education.
The state is also required to provide the opportunity to teach native
languages in the areas where they are spoken.
Article Forty-Four - - Ch. 2, Art. 23
The state shall devise and implement effective programs for balancing
and promoting of education for women, improving of education of nomads
and elimination of illiteracy in the country.
Article Forty-Five
The state shall devise and implement a unified educational curriculum
based on the provisions of the sacred religion of Islam, national culture,
and in accordance with academic principles, and develops the curriculum
of religious subjects on the basis of the Islamic sects existing in Afghanistan.
Article Forty-Six - - Ch.2, Art. 24
Establishing and operating of higher, general and vocational education
are the duties of the state.
The citizens of Afghanistan also can establish higher, general, and vocational
private educational institutions and literacy courses with the permission
of the state.
The state can also permit foreign persons to set up higher, general and
vocational educational private institutes in accordance with the law.
The conditions for admission to state higher education institutions and
other related matters to be regulated by the law.
Article Forty-Seven - - Ch. 2, Art. 25
The state shall devise effective programs for the promotion of science,
culture, literature and the arts.
The state guarantees the rights of authors, inventors, and discoverers,
and encourages and supports scientific researches in all areas, and publicizes
the effective use of their results in accordance with the law.
Article Forty-Eight - - Ch. 2, Art. 26
Work is the right of every Afghan.
Working hours, paid holidays, right of employment and employee, and other
related affairs are regulated by law.
Choice of occupation and craft is free within the limits of law.
Article Forty-Nine - - Ch. 2, Art. 27
Forced labor is forbidden.
Forced labor, in times of war, calamity, and other situations threatening
lives and public welfare are exceptions to this rule.
Children shall not be subjected to the force labor.
Article Fifty - - Ch. 2. Art. 28
The state is obliged to adopt necessary measures for creation of a strong
and sound administration and realization of reforms in the administration
system of the country.
Government offices are bound to carry their work with full neutrality
and incompliance with the provisions of law.
The citizens of Afghanistan have the right of access to the information
from the government offices in accordance with the provisions of law.
This rights has no limits, unless violation of the rights of the others.
The citizens of Afghanistan are employed for state services on the basis
of qualification without any kind of discrimination and in accordance
with law.
Article Fifty-one - - Ch. 2, Art. 29
Any person suffering undue harm by government action is entitled to compensation,
which he can claim by appealing to court.
With the exception of situation stated in the law, the state cannot claim
its right without the order of an authorized court.
Article Fifty-two - - Ch. 2, Art. 30
The state is obliged to provide the means of preventive health care and
medical treatment, and proper health facilities to all citizens of Afghanistan
in accordance with.
The state encourages and protects the establishment and expansion of
private medical services and health centers in accordance with law.
The state in order to promote physical education and improve national
and local sports adopts necessary measures.
Article Fifty- Three - - Ch. 2. Art. 31
The state takes necessary measures for regulating medical services and
financial support to descendants of martyred, lost or disabled and handicapped
individuals in accordance with Law.
The state guarantees the rights of pensioners and renders necessary assistance
to needy elders, women without caretakers, and needy orphans in accordance
with the law.
Article Fifty- Four - - Ch.2, Art. 32
Family is a fundamental unit of society and is supported by the state.
The state adopts necessary measures to ensure physical and psychological
well being of family, especially of child and mother, upbringing of children
and the elimination of traditions contrary to the principles of sacred
religion of Islam.
Article Fifty-Five - - Ch. 2, Art. 33
The defense of the country is the responsibility of all citizens of Afghanistan.
The conditions for military services are regulated by law.
Article Fifty-Six - - Ch. 2, Art. 34
Observing the provisions of the Constitution, obeying the laws, adhering
to public law and order are the duties of all people of Afghanistan.
Ignorance about the provisions of law is not considered an excuse.
Article Fifty-Seven - Ch. 2. Art. 35
The state guarantees the rights and liberties of the foreign citizens
residing in Afghanistan in accordance with the law.
Theses people are obliged to observe the laws of the state of Afghanistan
in accordance with the International Law.
Article Fifty-Eight. - Ch. 2. Art. 36
The State, for the purpose of monitoring, observation of human rights
in Afghanistan their protection, shall establish the Independent Human
Rights Commission of Afghanistan.
Everyone in case of violation of his fundamental rights can launch complaint
to this Commission.
The commission can refer the cases of violation of the fundamental rights
of the persons to the legal authorities, and assist them defending their
rights.
Structure, and mode of function of this Commission will be regulated
by law.
Article Fifty-Nine - Ch. 2. Art. 37
No one can misuse the rights and freedoms under this Constitution against
independence, territorial integrity, national unity, sovereignty and national
unity.
Chapter Three
The President
Article Sixty - Ch. 3, Art. 1
The President is the head of the state of the Islamic Republic of Afghanistan,
and conducts his authorities in executive, legislative, and judiciary
branches in accordance with the provisions of this Constitution.
The President is responsible to the nation.
The President shall have one Vice President.
The President on his candidacy shall declare the name of the Vice President
to the nation.
The Vice President in the absence, resignation, and or death of the
President, acts in accordance with the provisions of this constitution.
Article Sixty-One - Ch. 3, Art. 2
The President is elected by receiving more than 50% of the votes cast
through free, general, secret, and direct voting.
The presidential term is expired at the first of (Jawza) of the fifth
years after the elections.
Elections for the new president are held within thirty, to sixty days
before the end of the presidential term.
If none of the candidates succeeds to receive more than 50% of the votes
in the first round, a run-off election shall be held within two weeks.
In this round, only two candidates with the highest number of votes will
participate.
In the run-off, the candidate who gets the majority of the votes shall
be elected as the President.
In case of death of one of the candidates before the first or second
round, or prior to the announcement of the results of elections, new elections
shall be held in accordance with the provisions of law.
The elections for the post of president shall be held under the supervision
of the Independent Commission supervising of the Elections.
This commission shall be established to supervise all kinds of elections
and referendums in the country, in accordance with the provisions of law.
Article Sixty-Two - Ch. 3, Art. 3
Presidential candidates should posses the following qualifications:
- Should be citizen of Afghanistan, Muslim and born of Afghan parents,
and should not have citizenship of another country.
- On the day of becoming a candidate, his age should not be less than
forty years.
- Should not have been convicted of crimes against humanity, criminal
act, or deprivation of the civil rights by a court.
No one can be elected as president for more than two terms.
The provision of this article is applied to the Vice President as well.
Article Sixty-three - Ch. 3, Art. 4
The President-elect, prior to resumption of his/her duties, performs
the following oath of allegiance in the presence of members of the National
Assembly and the chief justice:
"In the name Allah, the Merciful, the Compassionate
In the name Allah Almighty, in the presence of you representatives of
the nation of Afghanistan, I swear to obey and safeguard the provisions
of the sacred religion of Islam, to observe the Constitution and other
laws of Afghanistan and supervise their implementation; to safeguard the
independence, national sovereignty, and the territorial integrity of Afghanistan
and the fundamental rights and interests of the people of Afghanistan,
and with the assistance of God and the support of the nation, to make
great and sincere efforts for the happiness and progress of the people
of Afghanistan."
Article Sixty-Four - Ch. 3, Art. 5
The power and duties of the President are as follows:
- Supervising the implementation of the Constitution.
- Determining the fundamental policies of the state.
- Being the Commander-in-Chief of the armed forces of Afghanistan.
- Declaration of war and ceasefire with the approval of the National
Assembly.
- Taking the required decision during defending of territorial integrity
and protecting of the independence.
- Sending contingents of the armed forces to foreign countries with
the approval of the National Assembly.
- Convening Loya Jirga except in a situation stated in Article Sixty-eight
f this Constitution.
- Declaring the state of emergency and ending it with the approval
of the National Assembly.
- Inaugurating the National Assembly and the Loya Jirga.
- Accepting resignation of the Vice President.
- Appointing of Ministers and the Attorney General with the approval
of the Wolesi Jirga, and acceptance of their dismissal and resignation.
- Appointing the head and members of the Supreme Court with the approval
of the Wolesi Jirga.
- Appointment, retirement and acceptance of resignation and dismissal
of judges, officers of the armed forces, police, national security,
and high-ranking officials in accordance with the law.
- Appointment of heads of diplomatic missions of Afghanistan in foreign
countries and international organizations.
- Accepting the credentials of diplomatic missions in Afghanistan.
- Signing of laws and legislative decrees.
- Issuing credential letter for the conclusion of bi-lateral and international
treaties in accordance with the provisions of law.
- Reducing and pardoning penalties in accordance with law.
- Issuing medals, and honorary titles in accordance with the provision
of law.
- Appointment of the Governor of De Afghanistan Central Bank with the
approval of the Wolesi Jirga.
- The establishment of commissions for the improvement of the administrative
condition of the country, in accordance with law.
- Exercising other authorities in accordance with the provisions of
this Constitution.
Article Sixty-Five - Ch. 3, Art. 6
The President can call for a referendum on important national, political,
social or economic issues.
Call for referendum shall not be contrary to the provisions of this constitution
or for the amendment of it.
Article Sixty-Six - Ch. 3, Art. 7
The President takes into consideration the supreme interests of the people
of Afghanistan while enforcing the powers stated in this Constitution.
The President cannot sell or bestow state properties without the provisions
of the law.
The President cannot act based on linguistic, ethnic, religious, political,
and regional considerations during his term in office.
Article Sixty-Seven - Ch. 3, Art. 8
In case of resignation, impeachment ,or death of the President, or of
a serious illness that could hinder the performance of duties, the Vice
President undertakes his duties and authorities.
The President declares his resignation personally to the National Assembly.
The serious illness shall be proved by an authorized medical committee
appointed by the Supreme Court.
In this case, election for the new President shall be held within the
period of three months in accordance with the article 61 of this constitution.
During the time when the Vice President fills in as the interim President,
he cannot perform the following:
- Amendment of the constitution
- Dismissal of ministers.
- Call for a referendum.
During this period the Vice President can nominate himself as a candidate
for the post of President in accordance with the provisions of this constitution.
In the absence of the President, the duties of the Vice President shall
be determined by the President.
Article Sixty-Eight - Ch. 3, Art. 10
In case of resignation and or death of the Vice President, another person
shall replace him by the proposal of the President and approval of the
Wolesi Jirga.
In case of simultaneously death of the President and Vice President,
his duties shall be implemented by the Chair of the Meshrano Jirga and
in the absence of the chair of the Meshrano Jirga, Chair of the Wolesi
Jirga, and in the absence of the Chair of the Wolesi Jirga, the Foreign
Minister shall take the duties of the President in accordance with the
article 67 of this constitution.
Article Sixty-Nine Ch 3, Art 11
Accusations of crime against humanity, national treason or crime can be
leveled against the President by one third of the members of the Wolesi
Jirga.
If two third of the Wolesi Jirga votes for charges to be brought forth,
the Wolesi jirga shall convene a Loya Jirga within one month.
If the Loya Jirga approve the accusation by a two-thirds majority of
votes the President is then dismissed, and the case is referred to a special
court.
The special court is composed of three members of the Wolesi Jirga, and
three members of the Supreme Court appointed by the Loya Jirga and the
Chair of the Meshrano Jirga.
The lawsuit is conducted by a person appointed by the Loya Jirga.
In this situation, the provisions of Article 67 of this Constitution
are applied.
Article Seventy - Ch. 3. Art. 12
The salary and expenditures of the President are regulated by law.
After expiration of his term, the President is entitled to financial
benefits of the presidency for the rest of his life in accordance with
the law except in the case of dismissal.
Chapter Four
The Government
Article Seventy one - Ch. 4, Art. 1
The government consists of the ministers who work under the Chairmanship
of the President.
Ministers are appointed by the President and shall be introduced for
approval to the National Assembly.
Article Seventy-two - Ch. 4, Art. 2
The person who is appointed as the Minister, should have the following
qualifications:
- Should be the citizen of Afghanistan.
- Should have higher education, work experience and, good reputation.
- His age should not be less than thirty-five.
- Should not have been convicted of crimes against humanity, criminal
act, or deprivation of the civil rights by a court.
Article Seventy-three - Ch. 4. Art. 3
The Ministers can be appointed from within and without the National Assembly.
If a member of the National Assembly is appointed as a minister, he loses
his membership in the National Assembly, and is replaced by another person
in accordance with the provisions of law.
Article Seventy-four - Ch. 4. Art. 4
Prior to taking office, the minister perform the following oath in the
presence of the President:
In the name of Allah, the merciful and compassionate:
" I swear in the name of God Almighty to support the provisions of
the sacred religion of Islam, follow the Constitution and other laws of
Afghanistan, protect the rights of citizens, and safeguard the independence,
territorial integrity and national unity of Afghanistan, and consider
God Almighty present in performing all my responsibilities, and honestly
perform the duties assigned to me."
Article Seventy-five - Ch. 4. Art. 5
The government has the following duties.
- Execute the provision of this Constitution, other laws, and final
orders of the courts.
- Protect the independence, defend the territorial integrity, and safeguard
the interests and dignity of Afghanistan in the international community.
- Maintenance of public law and order and elimination of administrative
corruption.
- Prepare the budget, regulate financial affairs, and protect public
wealth.
- Devise and implement programs for social, cultural, economic, and
technological progress.
- Report to the National Assembly at the end of the fiscal year about
the tasks accomplished and about the main plans for the new fiscal year.
- Perform other duties as recognized by this Constitution and other
laws to be duties of the government.
Article Seventy-six - Ch. 4, Art.6
In order to implement the main policies of the country, and regulation
of its duties, the government shall devise and approve regulations.
These regulations should not be contradictory to the text and spirit
of any law.
Article Seventy- seven - Ch. 4, Art. 7
As heads of administrative units and members of the government, the ministers
perform their duties within the limits determined by this Constitution
and other laws.
The Ministers are responsible to the President and the Wolesi Jirga for
their particular duties.
Article Seventy-eight - Ch. 4. Art. 8
If a Minister is accused of crime against humanity, national treason
or criminal act of a crime, the case shall be referred to a special court
in accordance with the article 134 of this constitution.
Article Seventy-nine - Ch. 4, Art. 9
In cases of recess of the Wolesi Jirga, the government can adopt legislation
in an emergency situation on matters other than those related to budget
and financial affairs.
The legislative decrees become laws after they are signed by the President.
The legislative decrees should be submitted to the National Assembly
in the course of thirty days beginning from the first session of the National
Assembly.
In case of rejection by the National Assembly, the legislations become
void.
Article Eighty - Ch. 4, Art. 10
The Minister during the course of their work cannot use their posts for
linguistic, regional, ethnic, religion and partisan purposes.
Chapter Five
The National Assembly
Article Eighty one - Ch. 5. Art. 1
The National Assembly of the Islamic Republic of Afghanistan as the highest
legislative organ is the manifestation of the will of its people and represents
the whole nation.
Every member of the National Assembly takes into judgment the general
welfare and supreme interests of all people of Afghanistan at the time
of casting their vote.
Article Eighty-two - Ch. 5, Art. 2
The National Assembly consists of two houses: Wolesi Jirga (the House
of People) and Meshrano Jirga. (House of Elders).
No one can become member of both houses simultaneously.
Article Eighty-three - Ch. 5, Art. 3
Members of the Wolesi Jirga are elected by the people through free, general,
secret, and direct elections.
Their mandate ends on the 1st of Saratan of the fifth year after the
elections, and the new assembly starts its work.
The election of the members of the Wolesi Jirga shall be held within
30 to 60 days before the expiry of the term of the Wolesi Jirga.
The number of members of the Wolesi Jirga, proportionate to the population
of each region, shall be between two hundred and twenty, and two hundred
and fifty.
Electoral constituency and other related issues shall be determined by
election laws.
In the election law measures should be adopted for so the election system
shall provide general and just representation for all the people of the
country, and at least one female delegate should be elected from each
province.
Article Eighty-four - Ch. 5, Art. 4
Members of the Meshrano Jirga are elected and appointed as follows:
- From among the members of each provincial council, the respective
council elects one person for a period of four years.
- From among the district councils of each province, the respective
councils elect one person for a period of three years.
- The President from among experts and experienced personalities appoints
the remaining one-third of the members for a period of five years.
The president appoints 50% of these people from among women.
A person, who is appointed as a member of the Meshrano Jirga, shall relinquish
his membership in the respective council, and another person replaces
him in accordance with the law.
Article Eighty-five - Ch. 5, Art. 5
A person who is nominated or appointed as a member of the National Assembly
should have the following qualifications in addition to those considered
by voters.
- Should be the citizen of Afghanistan, or has obtained the citizenship
of the state of Afghanistan at least ten years before becoming a candidate.
- Should not have been convicted by a court for committing a crime
against humanity, a crime, or sentenced of deprivation of his civil
rights .
- Members of Wolesi Jirga should be Twenty Five years old at the date
of candidacy, and members of the Meshrano Jirga should be Thirty Five
years old at the date of candidacy or appointment.
Article Eighty-six - Ch. 5, Art. 6
Credentials of members of the National Assembly are reviewed by independent
commission for supervision of the elections in accordance with law.
Article Eighty-seven - Ch. 5. Art.7
In the beginning of the legislative period, each one of the two houses
elects one of its members as the Chairperson, and two people as the first
and second Vice Chairperson, and two people as the secretary and assistant
secretary for a period of one year.
These individuals constitute the administrative board in their respective
houses.
The duties of the administrative boards are determined in the regulations
pertaining to the internal duties of each house.
Article Eighty-eight - Ch. 5. Art. 8
Each house of the National Assembly sets up commissions to study the
topics under discussion in accordance with its internal regulations.
Article Eighty-nine - Ch. 5, Art. 9
The Wolesi Jirga has the authority to set up a special commission if
one-third of its members put forward a proposal to inquire about and study
government actions.
The composition and procedure of this commission is specified in the
internal regulations of Wolesi Jirga.
Article Ninety - Ch. 5, Art. 10
The National Assembly has the following authorities:
- Ratification, modification, or abrogation of laws and or legislative
decrees.
- Approval of plans for economic, social, cultural, and technological
development.
- Approval of state budget, permission for obtaining, and granting
loans.
- Creation, modification of administrative units.
- Ratification of international treaties and agreements, or abrogation
of the membership of Afghanistan to them.
- Other authorities specified in this Constitution.
Article Ninety-one - Ch. 5, Art. 11
Wolesi Jirga has the following special authorities:
- Deciding on interpellation of each of the ministers in accordance
with the provisions of article 92 of this constitution.
- Taking the final decision about the state's development programs
and state budget, in case of a disagreement between the Wolesi Jirga
and the Meshrano Jirga.
- Approval of the appointments according to the provisions of this
constitution.
Article Ninety- two - Ch. 5, Art. 12
Wolesi Jirga, based on a proposal by one-tenth of all members, can interpellate
each of the Ministers.
If the responses given are not satisfactory, Wolesi Jirga shall consider
the issue of vote of no confidence.
Vote of no confidence on a Minister should be explicit, direct, and on
the basis of well founded reasons.
This vote should be approved by a majority of all members of the Wolesi
Jirga.
Article Ninety-three - Ch. 5. Art. 13
Any commission of both Houses of the National Assembly can question each
of the Ministers about specific topics.
The person questioned can provide verbal or written response.
Article Ninety-four - Ch. 5. Art. 14
Law is what both Houses of the National Assembly approve and the President
endorses unless this Constitution states otherwise.
In case the President does not agree to what the National Assembly approves,
he can send the document back with justifiable reasons to the Wolesi Jirga
within fifteen days of its submission.
With the passage of this period or in case the Wolesi Jirga approves
a particular case again with a majority of two-thirds votes, the bill
is considered endorsed and enforced.
Article Ninety-five - Ch. 5. Art. 15
Proposal for the promulgation of a law can be initiated by the government,
or members of the National Assembly, and in the domain of regulating the
judicial affairs through the Supreme Court by the government.
Article Ninety-six - Ch. 5 Art. 16
Proposal for budget and financial affairs are initiated only by the government.
Article Ninety-seven - Ch. 5, Art. 17
Proposals for promulgation of law initiated by the government are submitted
first to the Wolesi Jirga.
If a proposal for the promulgation of law includes imposition of new taxes
or reduction in state incomes, it is included in the working agenda on
condition that an alternative source is also envisioned.
The Wolesi Jirga approves or rejects the proposal of the promulgation
of law including budget and financial affairs and the proposal of taking
or giving loan after discussion as a whole.
The Wolesi Jirga cannot delay the proposal more than one month.
The proposed draft of law is submitted to the Meshrano Jirga, after its
approval by the Wolesi Jirga.
The Meshrano Jirga decides on the draft within a period of fifteen days
The National Assembly shall give priority to the promulgation of laws,
treaties, and development plans of the government that require argent
consideration and decision as per the request of the government.
If a proposal for promulgation of law is initiated by ten members of
one of the two Houses and then approved by one fifth members of the respective
houses, it can be admitted to the agenda of the respective houses.
Article Ninety-eight - Ch. 5, Art. 18
The state budget and development plan of the government is submitted
through the Meshrano Jirga along with an advisory comments to the Wolesi
Jirga.
The decision of the Wolesi Jirga, irrespective of the consent of the
Meshrano Jirga, is enforceable after it is signed 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 is applied until the
approval of the new budget.
The government is obligated to give to the Wolesi Jirga the budget of
the new fiscal year and a brief account of the current year's budget within
the forth quarter of the fiscal year.
The definite account of the previous fiscal year shall be submitted by
the government to the Wolesi Jirga within six months of the new year,
in accordance with the provisions of law
Wolesi Jirga cannot delay the approval of the budget for more than one
month or permission to give or take loan for more than a 15 days.
If during this period Wolesi Jirga does not take any decision with regards
to taking or giving loan, the proposal will be considered as approved.
Article Ninety-nine - Ch. 5, Art. 19
If, during a session of the National Assembly, the annual budget or a
developmental plan or an issue related to public security, territorial
integrity, and the country's independence is under discussion, the session
of the assembly cannot end before the approval of the matter.
Article One hundred - Ch. 5, Art. 20
In case the decision of one house is rejected by another house, a combined
committee composed of equal members of each house is formed to resolve
the disagreement.
The decision of the committee is enforced after its approval by the President.
In case the combined committee cannot solve the disagreement, the defeated
resolution is considered void. And, if the resolution is approved by the
Wolesi Jirga, it can be approved in the next session of the Wolesi Jirga
by the majority of its members.
This approval is assumed as enforceable, after it is signed by the President,
without submission to the Meshrano Jirga.
In case the disagreement between the two houses is over legislations
involving financial affairs, and the combined committee is not able to
resolve it, the Wolesi Jirga can approve the draft by the majority vote
of its members.
This draft is assumed as enforceable without submission to the Meshrano
Jirga after it is signed by the President.
Article One hundred-one - Ch. 5, Art. 21
No member of the National Assembly is legally prosecuted due to expressing
his views while performing his duty.
Article One hundred-two - Ch. 5, Art. 22
When a member of the National Assembly is accused of a crime, the law
enforcement authority informs the house, of which the accused is member,
about the case, and the accused member can be prosecuted.
In case of an evident crime, the law enforcement authority can legally
pursue and arrest the accused without the permission of the house, which
the accused is a member of.
In both cases, when legal prosecution requires detention of the accused,
law enforcement authorities are obligated to inform the respective house,
about the case immediately.
If the accusation takes place when the assembly is in recess, the permission
of arrest is obtained from the administrative board of the respective
house and the decision of this board is presented to the first session
of the aforementioned house for a decision.
Article One Hundred three - Ch. 5, Art. 23
The ministers can participate in the sessions of each one of the two
houses of the National Assembly.
Each house of the National Assembly can demand the participation of Ministers
to take part in its session.
Article One Hundred and four - Ch. 5, Art. 24
Both houses of the National Assembly hold their sessions separately at
the same time.
Under the following circumstances, both houses can hold joint sessions:
- When the legislative session, or the annual session is inaugurated
by the President.
- When it is deemed necessary by the President.
In this case the head of the Wolesi Jirga, chairs the joint session
of the National Assembly.
Article One Hundred and five - Ch. 5, Art. 25
The sessions of the National Assembly are open unless the Chairman of
the assembly, or at least ten members of the National Assembly request
their secrecy and the assembly accepts this request.
No one shall enter the building of the National Assembly by force.
Article One Hundred and six - Ch. 5, Art. 26
The quorum of the sessions of each house of the National Assembly for
voting is complete with the presence of the majority of the members, and
its decisions are taken with the majority of the members present, unless
this Constitution states otherwise.
Article One Hundred and seven - Ch. 5, Art. 27
The National Assembly convenes two ordinary sessions each year.
The term of the National Assembly in each year is nine months.
When necessary, the assembly can extend this period.
Extraordinary sessions of the assembly during recess can take place by
the order of the
President.
Article One Hundred and eight - Ch. 5, Art. 28
In cases of death, resignation and dismissal of a member of the Wolesi
Jirga, and/or disability or handicap, which prevents performance of duties
permanently, election in the related constituency is held for a new representative
for the rest of the legislative period, in accordance with the law.
In the above-mentioned situations, a new member of the Meshrano Jirga
shall be appointed in accordance with Article 87 of this Constitution.
Matters involving the presence or absence of members of the National Assembly
are regulated according to internal rules.
Article One Hundred and nine - Ch. 5, Art. 29
Proposals for amendments of the electoral law cannot be included in the
working agenda of the assembly during the last year of the legislative
period.
Chapter Six
Loya Jirga
Article One Hundred and ten - Ch. 6. Art. 1
Loya Jirga is the highest manifestation of the people of Afghanistan.
Loya Jirga consists of the following:
- Members of the National Assembly.
- Chairpersons of the provincial, and district councils.
The ministers, Chief Justice and members of the Supreme Court, can participate
in the sessions of the Loya Jirga without the right to vote.
Article One Hundred and eleven - Ch. 6. Art. 2
Loya Jirga is convened in the following situations:
- To take decision on the issues related to independence, national
sovereignty, territorial integrity, and supreme interests of the country.
- To amend the provisions of this Constitution.
- To prosecute the President in accordance with the provisions of Article
69 of this Constitution.
Article One Hundred and twelve - Ch. 6. Art. 3
The Loya Jirga in its first session elects from among its members a chairperson,
a deputy-chair, and a secretary and an assistant secretary.
Article One Hundred and thirteen - Ch. 6. Art. 4
The quorum of the Loya Jirga for voting is completed by the majority
of members.
The decisions of the Loya Jirga are taken by a majority of the present
members except in cases as explicitly stated in this Constitution.
Article One Hundred and fourteen - Ch. 6. Art.56
Discussions of the Loya Jirga are open except when one -fourth of its
members demand their secrecy, and the Loya Jirga accepts this demand.
Article One Hundred and fifteen - Ch. 6. Art. 7
During the session of a Loya Jirga, the provision of Articles 101 and
102 of this Constitution are applied on its members.
Chapter Seven
The Judiciary
Article One Hundred and sixteen - Ch. 7. Art. 1
The judicial branch is an independent organ of the state of the Islamic
Republic of Afghanistan.
The judicial branch consists of the Supreme Court (Stera Mahkama), High
Courts, Appeal Courts. Structure of authorities of which are determined
by law.
The Supreme Court as the highest judicial organ, heads the judiciary
organ of the Islamic Republic of Afghanistan.
Article One Hundred and seventeen - Ch. 7. Art. 2
The Supreme Court is composed of nine members who are appointed by the
President for a period of ten years with the approval of the Wolesi Jirga
with observance of the provisions of last paragraph of the Article 50
and article 118 of this Constitution.
The appointment of the members for the second term is not permissible.
The President appoints one of its members as the Head of the Supreme
Court.
Members in no way can be dismissed from their service until the end of
their term, except circumstances stated in Article 127 of this Constitution.
Article One Hundred and eighteen - Ch. 7. Art. 3
A member of the Supreme Court should have the following qualifications:
- The age of the Head of the Supreme Court and its members should not
be lower than forty at the time of appointment.
- Should be citizen of Afghanistan.
- Should have higher education in law or in Islamic jurisprudence,
and should have enough expertise and experience in the judicial system
of Afghanistan.
- Should enjoy high ethics and reputation of good deeds.
- Should not have been convicted of crimes against humanity, crimes,
and sentenced of deprivation of his civil rights by a court.
- Should not be a member of any political party during the term of
official duty.
Article One Hundred and nineteen - Ch. 7. Art. 4
Members of the Supreme Court take the following oath in the presence
of the President before occupying the post:
"In the name Allah, the Merciful and the Compassionate
I swear in the name of God Almighty to support justice and righteousness
in accord with the provisions of the sacred religion of Islam and the
provisions of this Constitution and other laws of Afghanistan, and to
execute the duty of being a judge with utmost honesty, righteousness and
nonpartisanship."
Article One Hundred and twenty - Ch. 7. Art. 5
The authority of the judicial organ is to attend to all lawsuits in which
real individuals or incorporeal including the state stand before it as
plaintiff or defendant and in its presence is expressed in accord with
provisions of the law.
Article One Hundred and twenty one - Ch. 7. Art. 6
The Supreme Court on only by request of the Government and or the Courts
can review the laws, legislative decrees, international treaties, and
international conventions, for their compliance with the Constitution.
The Supreme Court shall have the authority of the interpretation of the
Constitution, laws, and legislative decrees.
Article One Hundred and twenty two - Ch. 7. Art. 7
No law, under any circumstance, can transfer a case from the jurisdiction
of the judicial branch to another organ as has been determined in this
Constitution.
This provision does not apply to establishing special Courts stated in
Articles 69 and 78 and 127 of this Constitution and military courts.
The structure and authority of these courts are regulated by law.
Article One Hundred twenty three - Ch. 7. Art. 8
With observance of the provisions of this Constitution, the rules related
to the structure, authority, and performances of the courts, and the duties
of judges are regulated by law.
Article One Hundred and twenty four - Ch. 7. Art. 9
Other officials and administrative personnel of the judicial branch are
subject to the provisions of the laws related to the officials and other
administrative personnel of the state, but their appointment, dismissal,
promotion, pension, rewards and punishments are regulated by the Supreme
Court in accordance with the law.
Article One Hundred and twenty five - Ch. 7, Art. 10
The budget of the judicial branch is arranged in consultation with the
government by the Supreme Court and presented to the National Assembly
by the government as part of the state budget.
Implementation of the budget of the judicial branch is the authority
of the Supreme Court.
Article One Hundred and twenty six - Ch. 7. Art. 11
Members of the Supreme Court enjoy official financial benefits for the
rest of their lives provided they do not occupy state and political positions.
Article One Hundred and twenty seven - Ch. 7. Art. 12
When more than one - third of the members of the Wolesi Jirga demand
the trial of the Chief Justice, or a member of the Supreme Court due to
a crime committed during the performance of duty, and the Wolesi Jirga
approves of this demand by a majority of two-thirds votes, the accused
is dismissed from his post and the case is referred to a special court.
The setting up of the court and the procedures of trial are regulated
by law.
Article One Hundred and twenty eight - Ch. 7. Art. 13
In the courts of Afghanistan, trials are open and everyone is entitled
to attend trials within the bounds of law.
The court, in situations which are stated in the law or in situations
in which the secrecy of the trial is deemed necessary, can conduct the
trial behind closed doors, but the announcement of the court decision
should be open in all instances.
Article One Hundred and twenty nine - Ch. 7. Art. 14
The court is obliged to state the reasons for the decision it issues.
All specific decisions of the courts are enforceable, except for capital
punishment, which is conditional upon approval of the President.
Article One Hundred and thirty - Ch. 7. Art. 15
While processing the cases, the courts apply the provisions of this Constitution
and other laws.
When there is no provision in the Constitution or other laws regarding
ruling on an issue, the courts' decisions shall be within the limits of
this Constitution in accord with the Hanafi jurisprudence and in a way
to serve justice in the best possible manner.
Article One Hundred and thirty one - Ch. 7. Art. 16
Courts will apply Shia school of law in cases dealing with personal matters
involving the followers of Shia Sect in accordance with the provisions
of law.
In other cases if no clarification by this constitution and other laws
exist and both sides of the case are followers of the Shia Sect, courts
will resolve the matter according to laws of this Sect.
Article One Hundred and thirty two - Ch. 7. Art. 17
Judges are appointed with the recommendation of the Supreme Court and
approval of the President.
The appointment, transfer, promotion, punishment, and proposals to retire
judges are within the authority of the Supreme Court in accordance with
the law.
The Supreme Court shall establish the General Administration Office of
the Judicial Power for the purpose of better arrangement of the administration
and judicial affairs and insuring the required improvements.
Article One Hundred and thirty three - Ch. 7. Art. 18
When a judge is accused of having committed a crime, the Supreme Court
shall inquire about the case involving the judge in accordance with the
law.
After listening to his defense, when the Supreme Court regards the accusation
to be valid, it shall present a proposal about the judge's dismissal to
the President.
After the Presidential approval, the accused judge is dismissed from
duty, and punished in accordance with the provisions of the law.
Article One Hundred and thirty four - Ch. 7. Art. 19
Discovery of crimes is the duty of the police and investigation and prosecution
are conducted by the Attorney's Office in accordance with the provisions
of the law.
The Attorney's Office is part the Executive branch, and is independent
in its performances.
The structure, authority, and activities of the Attorney's Office are
regulated by law.
Discovery and investigation of crimes related to the armed forces are
regulated by a special law.
Article One Hundred and thirty five - Ch. 7. Art. 20
If parties involved in a case do not know the language in which the trial
is conducted, they have the right to understand the material and documents
related to the case through an interpreter and the right to speak in their
mother language in the court.
Chapter Eight
The Administration
Article One Hundred and thirty six - Ch. 8. Art. 1
The Administration of Islamic Republic of Afghanistan shall be based
on central and local administrative units in accordance with the law.
The central administration is divided into a number of administrative
units, each of which shall be headed by a minister.
The local administrative unit is a province.
The number, area, parts, and structures of the provinces and the related
administrations are regulated by law on the basis of population, social
and economic conditions, and geographic location.
Article One Hundred and thirty seven - Ch. 8. Art. 2
The government, while preserving the principle of centralism, shall delegate
certain authorities to local administration units for the purpose of expediting
and promoting economic, social, and cultural affairs, and increasing the
participation of people in the development of the nation.
Article One Hundred and thirty eight - Ch. 8. Art. 3
In every province a provincial council is to be formed.
Members of the provincial council are elected in proportion to the population
by free, direct, secret ballot, and general elections by the residents
of the province for a period of four years in accordance with the law.
The provincial council elects one of its members as Chairman.
Article One Hundred and thirty nine - Ch. 8. Art. 4
The provincial council takes part in securing the developmental targets
of the state and improving its affairs in a way stated in the law, and
gives advice on important issues falling within the domain of the province.
Provincial councils perform their duties in cooperation with the provincial
administration.
Article One Hundred and forty - Ch. 8. Art. 5
In order to organize activities involving people and provide them with
the opportunity to actively participate in the local administration, councils
are set up in districts and villages in accordance with the provisions
of the law.
Members of these councils are elected by the local people through, free,
general, secret and direct elections for a period of three years.
The participation of nomads in these councils is regulated by law.
Article One Hundred and forty one - Ch. 8. Art. 6
Municipalities shall be set up in order to administer city affairs.
The mayor and members of the municipal councils are elected by free,
general, secret, and direct elections.
The affairs related to municipalities are regulated by law.
Article One Hundred forty two - Ch. 8. Art. 7
For the purpose of the implementation of the provisions, and ensuring
the values of this constitution, the state shall establish the required
departments.
Chapter Nine
The State of Emergency
Article One Hundred and forty three - Ch. 9, Art, 1
If due to war, threat of war, serious rebellion, natural disasters, or
situations similar to these protecting the independence or nation's survival
becomes impossible by following the provision of this Constitution, the
President in confirmation of National Assembly shall declare a state of
emergency in some or all parts of the country.
If the state of emergency continues for more than two months, the agreement
of National Assembly is required for its extension.
Article One Hundred and forty four - Ch. 9, Art. 2
During the state of emergency, the President, with the consultations
of heads of the National Assembly, and Chief Justice can transfer some
authorities of the National Assembly to the government.
Article One Hundred and forty five - Ch. 9, Art. 3
During the state of emergency, the President with the consent of the
heads of the National Assembly and the Supreme Court, can suspend the
validity of the following Articles or can place restrictions on them:
- Paragraph two of Article twenty-seven
- Article thirty-six.
- Paragraph two of Article thirty-seven.
- Paragraph two of Article thirty-eight.
Article One Hundred and forty six - Ch. 9, Art. 4
During the state of emergency, the Constitution cannot be amended.
Article One Hundred and forty seven - Ch. 9, Art. 5
If the Presidential term of office, and or the legislative period expire
during a state of emergency, the new elections shall be postponed, and
the presidency, and the legislative period shall be extended for up to
four months.
If the state of emergency continues for more than four months, a Loya
Jirga shall be called by the President for further decisions.
Following the termination of state of emergency, election would be held
within two months
Article One Hundred and forty eight - Ch. 9, Art. 6
After the end of the state of emergency, the measures adopted on the
basis of Articles 144 and 145 of this Constitution shall be considered
invalid immediately.
Chapter Ten
Amendments
Article One Hundred and forty nine - Ch. 10, Art. 1
The provisions of adherence to the fundamentals of the sacred religion
of Islam and the republican regime cannot be amended.
The amendment of the fundamental rights of the people are permitted only
in order to make them more effective
Considering new experiences and requirements of the time, other contents
of this Constitution can be amended by the proposal of the President or
by the majority of the National Assembly in accordance with the provisions
of Article 67, and 146 of this constitution.
Article One Hundred and fifty - Ch. 10, Art. 2
In order to implement proposals regarding amending the Constitution,
a commission composed of members of the government, National Assembly,
and the Supreme Court, would be established by a Presidential decree,
and the commission shall prepare a draft of the amendments.
For approval of the amendments, a Loya Jirga shall be convened by the
decree of the President in accordance with the provisions of the Chapter
on the Loy Jirga.
When the Loya Jirga approves an amendment by a majority of two-thirds
of its members, it shall be enforced after endorsement by the President.
Chapter Eleven
The Miscellaneous Provisions
Article One Hundred and fifty one - Ch. 11, Art. 1
The President, Vice President, Ministers, Head and members of the Supreme
Court, cannot engage in any profitable business contracts with the government
or individuals during their term of office.
Contracts for the purpose of fulfilling personal needs are exception to
this provision.
Article One Hundred and fifty two - Ch. 11. Art. 2
The President, Vice President, ministers, heads and members of the National
Assembly, the Supreme Court, and judges, cannot undertake other jobs during
their terms of office.
Article One Hundred and fifty three - Ch. 11. Art. 3
Judges, Attorneys, and Officers of the Armed Forces and Police, and members
of the National Security, cannot be members of political parties during
their terms of office.
Article One Hundred and fifty four - Ch. 11, Art. 4
Property of the President, Vice President, and ministers and members of
the Supreme Court before and after their term of office would be registered
and monitored by an organ to be set by law.
Article One Hundred and fifty five - Ch. 11, Art. 5
For the ministers, members of the National Assembly, the Supreme Court,
and judges, appropriate salaries shall be paid in accordance with the
provisions of law.
Chapter Twelve
The Transitional Provisions
Article One Hundred fifty six - Ch. 12, Art. 1
The Title of the Father of the Nation and the privileges granted by the
Emergency Loya Jirga of 1381 (2002) to His Majesty Mohammad Zahir Former
King of Afghanistan are preserved for him during his lifetime, in accordance
with the provisions of this constitution.
Article One Hundred and fifty seven - Ch. 12. Art. 2
The period, following the adoption of this Constitution, until the date
of inauguration of the National Assembly, is deemed as transitional period.
During the transitional period, the Islamic Transitional State of Afghanistan
would carry the following tasks:
- Issue decrees related to the elections of the President, National
Assembly and local councils within six months.
- Issue decrees regarding the structure and authorities of the courts
and basic administration structures within one year.
- Establish an Independent Electoral Commission for Supervising Elections.
- Take necessary measures for reform of executive and judicial affairs
- Adopt necessary y measures for preparing the ground for enforcement
of the provisions of this Constitution.
Article One Hundred and fifty eight - Ch. 12. Art. 3
The first President elected, takes up his duties after thirty days after
the result of his election has been proclaimed, in accordance with this
constitution.
Article One Hundred and fifty nine - Ch. 12. Art. 4
Elections of the National Assembly will be held within one year of the
Presidential elections. The powers of the National Assembly under this
constitution until the establishment of the National Assembly is transferred
to the Government and the Supreme Court is formed by the decree of the
President.
The Government, and the Supreme Court shall be established within thirty
days after the first session of the Wolesi Jirga is taken place.
The President of the Transitional Islamic State of Afghanistan shall
continue his duties until the elected President has taken has taken the
office.
The executive, and judicial organs of the state in accordance with provisions
of paragraph 3 of article 157 of this constitution shall continue their
duties, until the formation of the Government and the Supreme Court.
The decrees enforced from the beginning of the interim period, shall
be submitted to the first session of the National Assembly. These decrees
are enforceable until they are annulled by the National Assembly.
Article One Hundred sixty - Ch. 12. Art. 5
This constitution is enforced upon its approval by the Loya Jirga, and
will be signed and announced by the President of the Transitional Islamic
State of Afghanistan.
Upon the enforcement of it, laws and decrees contrary to the provisions
of this constitution are invalid.
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