(Unofficial
Translation)
The Constitution
of
Year 1382
In the Name of God, the Merciful, the Compassionate
Contents
Preamble
Chapter
one-------------The State (21 Articles)
Chapter
two------------The Fundamental Rights and Duties of Citizens (38 Articles)
Chapter
three-----------The President (11 Articles)
Chapter
four------------The Government (10 Articles)
Chapter five
-----------The National Assembly (29 Articles)
Chapter
six-------------The Loya Jirga (6 Articles)
Chapter seven---------
The Judiciary (20 Articles)
Chapter eight---------- The Administrative Division (7 Articles)
Chapter nine----------- The State of Emergency (6 Articles)
Chapter ten------------ Amendments (2 Articles)
Chapter eleven ------ The Miscellaneous Provisions (7 Articles)
Chapter twelve-------- The Transitional Provisions (5 Articles)
In the name of God, the Merciful, the Compassionate
(A verse of the Holy
Koran)
Preamble
We the people of
1. With firm
faith in God Almighty and relying on His lawful mercy, and
believing in the sacred religion of Islam,
2.
Realizing
the injustice and shortcoming of the past, and the numerous troubles imposed on
our country,
3.
While
acknowledging the sacrifices and the historic struggles, rightful Jehad and
just resistance of all people of
4.
With the
understanding that
5.
Observing
the United Nations Charter and respecting the Universal Declaration of Human
Rights,
6.
For
strengthening national unity, safeguarding independence, national sovereignty,
and territorial integrity of the country,
7.
For
establishing a government based on people's will and democracy,
8.
For
creation of a civil society free of oppression, atrocity, discrimination, and
violence and based on the rule of law, social justice, protection of human
rights, and dignity and ensuring the fundamental rights and freedoms of the
people,
9.
For
strengthening the political, social, economic, and defensive institutions of
the country,
10.
For
ensuring a prosperous life and sound environment for all those residing in this
land,
11.
Finally for
regaining
have adopted this constitution in accordance with
historical, cultural, and social requirements of the era, through our elected
representatives in the Loya Jirga dated 14 Jaddi 1382 in the city of
Chapter One
The State
Article One
Article Two
The religion of the
state of the Islamic Republic of Afghanistan is the sacred religion of Islam.
Followers of other
religions are free to exercise their faith and perform their religious rites
within the limits of the provisions of law.
Article Three
In
Article Four
National sovereignty in
The nation of
The nation of
The word Afghan
applies to every citizen of
No member of the nation
can be deprived of his/her citizenship of
Affairs related to
the citizenship and asylum are regulated by law.
Article Five
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
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
The state shall
observe Charter of the United Nations, international treaties, international
conventions that
The state prevents
all types of terrorist activities, cultivation and smuggling of narcotic drugs
and production and consumption of intoxicants (muskirat).
Article Eight
The state regulates
the foreign policy of the country on the basis of preserving the independence,
national interests, territorial integrity, non- interference, good
neighborliness, mutual respect, and equal rights.
Article Nine
Mines and other
underground resources and cultural heritages are the properties of the state.
Protection,
management and mode of proper utilization of the public properties shall be
regulated by law.
Article Ten
The state encourages
and protects private investments and enterprises based on the
market economy and guarantees their protection in accordance with the
provisions of law.
Article Eleven
Affairs related to the
domestic and external trade shall be regulated by law in accordance with the
needs of the national economy and the public interest.
Article Twelve
Da 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 the law.
The central bank
shall consult the economic commission of the Wolesi Jirga in matters related to
printing of currency.
Structure and operation
of this bank shall be regulated by law.
Article Thirteen
The state shall
formulate and implement effective programs for the development of industries,
growth of production, increasing of public living standards and support to
craftsmanship.
Article Fourteen
The state shall
design and implement within its financial resources effective programs for the
development of agriculture and animal husbandry, improving the economic, social
and living conditions of farmers, herders, settlement and living conditions of
the 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
The state is obliged to
adopt necessary measures for safeguarding and improving forests and the environment.
Article Sixteen
From among the
languages of Pashtu, Dari, Uzbeki, Turkmani, Baluchi, Pashai, Nuristani, Pamiri
and other languages spoken in the country, Pashtu and Dari are the official
languages of the state.
In areas where the
majority of people speak one of the Uzbeki, Turkmani, Baluchi, Pashai,
Nuristani and Pamiri languages, that language shall be recognized as third
official language in addition to Pashtu and Dari, the modality of its
implementation shall be regulated by law.
The state adopts and
implements effective plans for strengthening and developing all languages of
Publications and mass media are allowed in all
languages spoken in the country.
The existing national academic and administrative terminology of the country shall be preserved.
Article Seventeen
The state shall adopt
necessary measures for promotion of education in all levels, development of
religious education and organizing and improving the conditions of mosques, madrasas and religious centers.
Article Eighteen
The calendar of the
country shall be based on the migration of the Prophet (PBUH).
The basis of work for
state offices shall be the solar calendar.
Fridays and the 28th
of Asad and the 8th of Sawr are public holidays.
Other holidays shall be
regulated by law.
Article Nineteen
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
The law shall regulate
the use of national flag and emblem.
Article Twenty
The National Anthem
of Afghanistan shall be in Pashtu and mention “Allahu Akbar” and the names of
the ethnic groups of
Article Twenty-One
The capital of
Article Twenty-two
Any kind of
discrimination and privilege between the citizens of
The citizens of
Article Twenty-Three
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
The state has the duty
to respect and protect the liberty and dignity of human beings.
Article Twenty-Five
Innocence is the
original state.
An accused is
considered innocent until convicted by a final decision of an authorized court.
Article Twenty-Six
Crime is a personal
action.
The prosecution,
arrest, and detention of an accused and the execution of penalty cannot affect
another person.
Article Twenty-Seven
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 the 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 the offense.
Article Twenty-Eight
No citizen of
No Afghan would be
sentenced to deprivation of citizenship or to exile inside the country or
abroad.
Article Twenty-Nine
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, detention or
convicted to be punished.
Punishment contrary to
human integrity is prohibited.
Article Thirty
Any statement,
confession or testimony obtained from an accused or of another person by means
of compulsion, are invalid.
Confession to a crime
is a voluntary admission before an authorized court by an accused in a sound
state of mind.
Article Thirty-One
Every person upon
arrest can seek an advocate to defend his/her rights or to defend his/her case
for which he/she 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 confidentiality
of oral, written or telephonic communications between an advocate and his/her
accused client are immune from invasion.
The duties and
authorities of advocates shall be regulated by law.
Article Thirty- Two
Being in debt does not
limit a person’s freedom or deprive him/her of liberty.
The mode and means of
recovering a debt shall be regulated by law.
Article Thirty-Three
The citizens of
Law regulates the
conditions and means to exercise this right.
Article Thirty- Four
Freedom of expression
is inviolable.
Every Afghan has the
right to express thoughts through speech, writing, or illustration or other
means by observing the provisions of 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, shall be
regulated by law.
Article Thirty-Five
The citizens of
The citizens of
1.
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.
2.
The
organizational structure, and financial sources of the
party are made public.
3.
The party
does not have military or paramilitary aims and structures.
4.
Should have
no affiliation to a foreign political party or sources.
Formation and
functioning of a party based on ethnicity, language, religious sect 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
The citizens of
Article Thirty-Seven
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
A person’s residence is
immune from invasion.
Other than the
situations and methods indicated in the law, no one, including the state, is 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
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
Article Forty
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 person’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
Foreign individuals do
not have the right to own immovable property in
Lease of immovable
property for the purpose of investment is permissible in accordance with the
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
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 the law.
The rate of taxes and
duties and the method of payments 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,
duty and income collected shall be delivered to the State account.
Article Forty-Three
Education is the right
of all citizens of
The state is obliged to
devise and implement effective programs for a balanced expansion of education
all over
The state is also
required to provide the opportunity to teach native languages in the areas
where they are spoken.
Article Forty-Four
The state shall devise
and implement effective programs for balancing and promoting education for
women, improving of education of the 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
Article Forty-Six
Establishing and
operating of higher, general and vocational education are the duties of the
state.
The citizens of
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
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
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
Forced labor is
forbidden.
Active participation in
times of war, calamity, and other situations threatening lives and public welfare
is a national duty of every Afghan.
Children shall not be
subjected to forced labor.
Article Fifty
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
This right has no
limits, unless violation of the rights of the others.
The citizens of
Article Fifty-One
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
The state is obliged
to provide free means of preventive health care and medical treatment, and
proper health facilities to all citizens of
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
The state takes
necessary measures for regulating medical services and financial support to descendants of martyred and lost, re-integration of the disabled and
handicapped individuals and their active participation in the society in
accordance with the law.
The state guarantees
the rights of pensioners and renders necessary assistance to needy elders,
women without caretakers, disabled and handicapped individuals and needy
orphans in accordance with the law.
Article Fifty- Four
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
The defense of the
country is the responsibility of all citizens of
The conditions for
military services are regulated by law.
Article Fifty-Six
Observing the
provisions of the Constitution, obeying the laws, adhering to public law and
order are the duties of all people of
Ignorance about the
provisions of law is not considered an excuse.
Article Fifty-Seven
The state guarantees
the rights and liberties of the foreign citizens residing in
These people are
obliged to observe the laws of the state of
Article Fifty-Eight.
The State, for the
purpose of monitoring the observation of human rights in
Everyone in case of
violation of his/her rights can report complaint to this Commission.
The Commission can
refer the cases of violation of the human rights of the persons to the legal
authorities, and assist them in defending their rights.
Structure and mode of
function of this Commission will be regulated by law.
Article Fifty-Nine
No one can misuse the
rights and freedoms under this Constitution against independence, territorial
integrity, sovereignty and national unity.
Article Sixty
The President is the
head of 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 shall
have first and second Vice Presidents.
The candidate to the
Presidency on his or her candidacy shall also declare the names of the Vice
Presidents to the nation.
The First Vice
President in the absence, resignation, and or death of the President, acts in
accordance with the provisions of this Constitution.
In the absence of the
first Vice President, the second Vice President shall act in accordance with
the provisions of this Constitution.
Article Sixty-One
The President is
elected by receiving more than 50% of the votes cast through free, general,
secret, and direct voting.
The presidential term
expires on the first of Jawza of the fifth year 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 during the first or second round, after the elections or
prior to the announcement of the results of elections, new elections shall be
held in accordance with the provisions of law.
Article Sixty-Two
Presidential candidates
should posses the following qualification
1-
Should be
citizen of
2-
On the day
of becoming a candidate, his age should not be less than forty years.
3-
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 applies to the Vice Presidents as well.
Article Sixty-three
The President-elect,
prior to resumption of his/her duties, performs the following oath in
accordance with the rules of procedures prescribed by law:
In the name God 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
The power and duties of
the President are as follows:
1-
Supervising
the implementation of the Constitution.
2-
Determining
the fundamental policies of the state with the approval of the National
Assembly.
3-
Being the
Command-in-Chief of the armed forces of
4-
Declaration
of war and ceasefire with the confirmation of the National Assembly.
5-
Taking the
required decision to defend the territorial integrity and protect the independence.
6-
Sending
contingents of the armed forces to foreign countries with the confirmation of
the National Assembly.
7-
Convening Loya Jirga except in the situation
stated in Article Sixty-eight of this Constitution.
8-
Declaring
the state of emergency and ending it with the confirmation of the National
Assembly.
9- Inaugurating the National Assembly and the Loya Jirga.
10- Accepting
resignation of the Vice Presidents.
11- Appointing Ministers, the Attorney General, the
Governor of the Central Bank, Head of the National Security Directorate and the
President of the Afghan Red Crescent Society with the confirmation of the
Wolesi Jirga, dismissing them and accepting their resignations.
12- Appointing the head and members of the Supreme
Court with the confirmation of the Wolesi Jirga.
13- Appointing, retiring and accepting the
resignation of and dismissing judges, officers of the armed forces, police,
national security, and high-ranking officials in accordance with the law.
14- Appointing heads of the diplomatic missions of
15- Accepting the credentials of diplomatic missions
in
16- Signing
laws and legislative decrees.
17- Issuing credential letter for the conclusion of
bi-lateral and international treaties in accordance with the provisions of law.
18- Reducing and pardoning penalties in accordance
with the law.
19- Issuing medals and honorary titles in accordance
with the provision of law.
20- Establishing commissions for the improvement of
the administrative condition of the country, in accordance with the law.
21- Exercising other authorities in accordance
with the provisions of this Constitution.
Article Sixty-Five
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 amending
it.
Article Sixty-Six
The President takes
into consideration the supreme interests of the people of
The President cannot
sell or bestow state properties without the provisions of law.
The President cannot
act based on linguistic, ethnic, religious, political, and regional
considerations during his term in office.
Article Sixty-Seven
In case of resignation,
impeachment, or death of the President, or of a serious illness that could
hinder the performance of duties, the First Vice President undertakes his/her
duties and authorities.
The President submits
his/her 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 First Vice President acts as the interim President, he/she cannot perform
the following:
1.
Amendment
of the constitution
2.
Dismissal
of ministers.
3.
Call for a
referendum.
During this period
the Vice Presidents can nominate themselves as candidates for the post of
President in accordance with the provisions of this constitution.
In the absence of the
President, the duties of the First Vice President shall be determined by the
President.
Article Sixty-Eight
In case of
resignation and or death of one of the Vice Presidents, 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 the First Vice President, in turn the
Second Vice President, the Chair of the Meshrano Jirga and in the absence of
the chair of the Meshrano Jirga, the Chair of the Wolesi Jirga, and in the
absence of the Chair of the Wolesi Jirga, the Foreign Minister shall perform
the duties of the President in accordance with the article 67 of this Constitution.
Article Sixty-Nine
The President is
responsible to the nation and the Wolesi Jirga according to this Article.
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 shall be 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
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.
Article Seventy-one
The government
consists of the ministers who work under the Chairmanship of the President.
Number of the
Ministers and their duties shall be regulated by law.
Article Seventy-two
The person who is appointed as the Minister, should have the following qualifications:
1-
Must have
only the citizenship of
2-
Should have
higher education, work experience and good reputation.
3-
His/her age
should not be less than thirty-five.
4-
Should not
have been convicted of crimes against humanity, criminal act, or deprivation of
civil rights by a court.
Article Seventy-three
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/she loses his/her membership
in the National Assembly, and is replaced by another person in accordance with
the provisions of law.
Article Seventy-four
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
Article Seventy-five
The government shall
have the following duties.
Article Seventy-six
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
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
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
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
Ministers 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
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
Article Eighty-two
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
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
not more than 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 based on the
population, from each province on average at least two female delegates shall
have membership to the Wolesi Jirga.
Article Eighty-four
Members of the Meshrano
Jirga are elected and appointed as follows:
1-
From among
the members of each provincial council, the respective council elects one
person for a period of four years.
2-
From among
the district councils of each province, the respective councils elect one
person for a period of three years.
3-
The President
from among experts and experienced personalities – including two
representatives of the disabled and impaired and two representatives from the
Nomads -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
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:
Article Eighty-six
Credentials of
members of the National Assembly are reviewed by the Independent Election
Commission in accordance with the law.
Article Eighty-seven
In the beginning of the legislative period, each one of the two houses elects one of its members as the Chairperson for one legislative period, 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 Bureau in their respective houses.
The duties of the
Bureau are determined in the regulations pertaining to the internal duties of
each house.
Article Eighty-eight
Each house of the
National Assembly sets up commissions to study the topics under discussion in
accordance with its internal regulations.
Article Eighty-nine
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
The National Assembly
has the following authorities:
1-
Ratification,
modification, or abrogation of laws and or legislative decrees.
2-
Approval of
plans for economic, social, cultural, and technological development.
3-
Approval of
state budget, permission for obtaining, and granting loans.
4-
Creation,
modification, and or abrogation of administrative units.
5-
Ratification
of international treaties and agreements, or abrogation of the membership of
6-
Other
authorities specified in this Constitution.
The Wolesi Jirga has
the following special authorities:
1.
Deciding on
interpellation of each of the ministers in accordance with the provisions of
article 92 of this Constitution.
2.
Taking
decisions about the state’s development programs and the state budget.
3.
Approval or
rejection of the appointments according to the provisions of this
Constitution.
Article Ninety- two
The Wolesi Jirga,
based on a proposal by twenty percent of its 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.
The vote of no
confidence on a minister shall 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
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
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
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
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
Article
Ninety-seven
Proposals for
promulgation of law initiated by the government are submitted first to the
Wolesi Jirga.
The Wolesi Jirga
approves or rejects as a whole the proposal for promulgation of law including
budget and financial affairs and the proposal of taking or giving loan after
discussion.
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
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.
The 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
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
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.
In this case the Wolesi
Jirga, can approve it in the next session of the Wolesi
Jirga by the two third majority vote of
its all members.
This approval is
assumed as enforceable, after it is signed by the President, without submission
to the Meshrano Jirga.
Article One hundred-one
No member of the
National Assembly is legally prosecuted due to expressing his views while
performing his duty.
Article One hundred-two
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
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
Both houses of the
National Assembly hold their sessions separately at the same time.
Under the following
circumstances, both houses can hold joint sessions:
In this case, the head of the Wolesi Jirga, chairs the joint session of the National Assembly.
Article One Hundred and
five
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
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
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
In cases of death,
resignation and dismissal of a member of the National Assembly, 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.
Matters involving the
presence or absence of members of the National Assembly are regulated according
to internal rules.
Article One Hundred and
nine
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.
Article One Hundred and
ten
Loya Jirga is the
highest manifestation of the people of
Loya Jirga consists of
the following:
1-
Members of
the National Assembly.
2-
Chairpersons
of the provincial, and district councils.
The ministers, Chief
Justice and members of the Supreme Court and the Attorney General can
participate in the sessions of the Loya Jirga without the right to vote.
Article One Hundred and
eleven
Loya Jirga shall be
convened in the following situations:
1-
To take
decision on the issues related to independence, national sovereignty,
territorial integrity, and supreme interests of the country.
2-
To amend
the provisions of this Constitution.
3-
To
prosecute the President in accordance with the provisions of Article 69 of this
Constitution.
Article One Hundred and
twelve
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
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
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
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
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),
and Primary Courts, structure and authorities of which are determined by law.
Article One Hundred and
seventeen
The Supreme Court is
composed of nine members who are appointed by the President for a period of ten
years with the confirmation of the Wolesi Jirga with observance of the
provisions of last paragraph of the Article 50 and article 118 of this
Constitution. In the beginning the appointment will be as such:
Three members are appointed for a period of four years,
three members for seven years and three members for ten years.
Later appointments
will be for a period of ten years.
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
A member of the Supreme
Court should have the following qualifications:
1-
The age of
the Head of the Supreme Court and its members should not be lower than forty at
the time of appointment.
2-
Should be
citizen of
3-
Should have higher education in law or in
Islamic jurisprudence, and should have
enough expertise and experience in the judicial system of
4-
Should
enjoy high ethics and good reputation.
5-
Should not
have been convicted of crimes against humanity, crimes, and sentenced of
deprivation of his civil rights by a court.
6-
Should not be a member of any political party
during the term of official duty.
Article One Hundred and
nineteen
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
Article One Hundred and
twenty
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
The Supreme Court on
the request of the Government or the Courts shall review the laws, legislative
decrees, international treaties and international covenants for their
compliance with the Constitution and provide their interpretation in accordance
with the law.
Article One Hundred and
twenty two
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 in matters relating to them.
The structure and
authority of these courts are regulated by law.
Article One Hundred
twenty three
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
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
The budget of the
judicial branch is prepared by the Supreme Court in consultation with the
government and presented by the government to the National Assembly 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
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
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
In the courts of
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
The court is obliged to
state the reasons for the decision it issues.
All final decisions of
the courts are enforceable, except for capital punishment, which is conditional
upon approval of the President.
Article One Hundred and
thirty
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
The Courts shall 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, courts will resolve
the matter according to laws of this Sect.
Article One Hundred and
thirty two
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
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
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, Police, and National
Security officials are regulated by a special law.
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.
Article One Hundred and
thirty six
The Administration of
the 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
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
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
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
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
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
For the purpose of
the implementation of the provisions, and ensuring the values of this
constitution, the state shall establish the required departments.
Article One Hundred and
forty three
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
During
the state of emergency, the President, with the consultations of heads of the
National Assembly, and the Supreme Court can transfer some authorities of the
National Assembly to the government.
Article One Hundred and forty five
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:
1-Paragraph two of
Article twenty-seven
2- Article
thirty-six.
3- Paragraph two of
Article thirty-seven.
4- Paragraph two of
Article thirty-eight.
Article One Hundred and
forty six
During the state of
emergency, the Constitution cannot be amended.
Article One Hundred and
forty seven
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
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.
Article One Hundred and
forty nine
The provisions
of adherence to the provisions of the sacred religion of Islam and the regime
of Islamic Republic 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 members
of the National Assembly in accordance with the provisions of Article 67, and
146 of this Constitution.
Article One Hundred and
fifty
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.
Article One Hundred and
fifty one
The President, Vice
Presidents, Ministers, Head and members of the Supreme Court, Attorney General,
Head of the Central Bank, National Security Directorate, Governors and Mayors
cannot engage in any profitable business contracts with the government during
their term of office.
Article One Hundred and
fifty two
The President, Vice
Presidents, ministers, heads and members of the National Assembly, the Supreme
Court, Attorney General and judges, cannot undertake other jobs during their
terms of office.
Article One Hundred and
fifty three
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
The wealth of the
President, Vice Presidents, ministers, members of the Supreme Court and the
Attorney General before and after their term of office would be registered and
monitored by an organ to be set by law.
Appropriate salaries
shall be paid to the Vice Presidents, Ministers, Chairs and members of the
National Assembly, the Supreme Court, Attorney General and Judges in accordance
with the provisions of law.
Article One Hundred
and fifty six
The Independent
Electoral Commission shall be set up for the organization and supervision of
any election and for holding a referendum within the country based on the
provisions of the law.
Article One Hundred
fifty seven
The Independent
Commission for the Supervision of the Implementation of the Constitution will
be established by the provisions of the law.
Members of this
Commission shall be appointed by the President with the confirmation of the
Wolesi Jirga.
The Transitional
Provisions
Article One Hundred
fifty eight
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 shah Former King of Afghanistan are
preserved for him during his lifetime, in accordance with the provisions of
this constitution.
Article One Hundred and
fifty nine
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
1-
Issue the
legislative decrees related to the elections of the President, National
Assembly and local councils within six months.
2-
Issue
decrees regarding the structure and authorities of the courts and basic
administration structures within a period of less than one year.
3-
Establish
an Independent Electoral Commission.
4-
Take
necessary measures for reform of executive and judicial affairs
5-
Adopt
necessary measures for preparing the ground for enforcement of the provisions
of this Constitution.
The first elected
President shall take up his/her duties after thirty days of the announcement of
the elections in accordance with this constitution.
Every effort shall be
made to hold the first presidential elections and the parliamentary elections
at the same time.
Until the
establishment of the National Assembly, the powers of this assembly outlined in
this constitution will be held by the government, and the interim Supreme Court
shall be established by Presidential Decree.
Article One Hundred and
sixty one
The National Assembly
will exercise its powers immediately after its establishment in accordance with
this Constitution.
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 4
of article 159 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 two
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
this constitution, laws and decrees contrary to the provisions of it are
invalid.