The Constitution of Afghanistan 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 (37
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
In the name of God, the Merciful, the Compassionate
Preamble
We the people of Afghanistan:
1. With firm faith in God Almighty and relying on His lawful mercy,
and Believing in the Sacred religion of Islam,
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 Jihad and just resistance of all people of Afghanistan, 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 ethnicities residing in this country,
Observing the United Nations Charter and respecting the Universal
Declaration of Human Rights,
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 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,
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 14 Jaddi 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 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 Ch. 1, Art. 3
In Afghanistan, no law can be contrary to the beliefs and provisions
of the sacred religion of Islam.
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 nation of Afghanistan is comprised of the following ethnic
groups: Pashtun, Tajik, Hazara, Uzbak, Turkman, Baluch, Pashai,
Nuristani, Aymaq, Arab, Qirghiz, Qizilbash, Gujur, Brahwui and
others.
The word Afghan applies to every citizen of Afghanistan.
No member of the nation can be deprived of his citizenship of
Afghanistan.
Affairs related to the citizenship and asylums 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
consumption of intoxicants, production and smuggling of narcotics.
Article Eight Ch. 1, Art. 8
The state regulates the 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 guarantees 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
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 law.
The central bank shall consult with the economic committee of the
Wulesi Jirga in matters related to the printing of money.
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 state is obliged to adopt necessary measures for safeguarding
forests and the environment.
Article Sixteen Ch. 1, Art. 16
From among the languages of Pashto, Dari, Uzbeki, Turkmani, Baluchi,
Pashai, Nuristani, Pamiri (alsana), Arab and other languages spoken
in the country, Pashto and Dari are the official languages of the
state.
The Turkic languages (Uzbaki and Turkmen), Baluchi, Pashai,
Nuristani and Pamiri are in addition to Pashto and Dari the
third official language in areas where the majority speaks them. The
practical modalities for implementation of this provision shall be
specified by law.
The state adopts and implements effective plans for strengthening,
and developing all languages of Afghanistan.
Publications and radio and television broadcasting are allowed in
all 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 flight of the
Prophet (PBUH).
The basis of work for state offices is the solar calendar.
Fridays and the 28 Asad and the 8 Sawr are public holidays. Other
holidays shall be regulated by law.
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 and mention "Allahu
Akbar" and the names of the ethnic groups of Afghanistan.
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-two Ch. 2, Art. 1
Any kind of discrimination and privilege between the citizens of
Afghanistan are prohibited.
The citizens of Afghanistan whether man or woman 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 cannot 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 confidentiality of oral, written or telephonic communications
between an advocate and his accused client are immune from invasion.
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,
Islamic school of thought 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 the level of the B.A. (license), 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.
Active participation, in times of war, calamity, and other
situations threatening lives and public welfare is one of the
primary duties of every Afghan.
Children shall not be subjected to forced 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 after authorization by the
National Assembly.
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 right 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 free means of preventive health care
and medical treatment, and proper health facilities to all citizens
of Afghanistan in accordance with the law.
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 those who were martyred or
are missing, to disabled or handicapped, and their active
participation and re-integration into society in accordance with the
law.
The state guarantees the rights and privileges of pensioners and
disabled and handicapped individuals and as well 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.
These 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 the observation of human
rights in Afghanistan, to promote their advancement and protection,
shall establish the Independent Human Rights Commission of
Afghanistan.
Any person, whose fundamental rights have been violated, can file
complaint to the Commission.
The Commission can refer cases of violation of human rights to the
legal authorities, and assist in defending the rights of the
complainant.
The structure, and functions of this Commission shall be regulated
by law.
Article Fifty-Nine Ch. 2. Art. 37
No one can misuse the rights and freedoms under this Constitution
against the independence, territorial integrity, sovereignty and
national unity.
Chapter Three
The President
Article Sixty Ch. 3, Art. 1
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 two Vice Presidents, one first and one
second.
The candidate to the Presidency on his or her candidacy shall
declare the name of the Vice Presidents 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 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.
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 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 qualification
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 Presidents 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 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 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 with the approval
of the National Assembly.
Being the Command-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, the Attorney General, the Director of the
Central Bank, Head of the National Security Directorate and the
President of the Afghan Red Crescent Society 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.
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 First 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 First 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 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 Ch. 3, Art. 10
In case of resignation and or death of one 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 First Vice
President, his duties shall be implemented in turn by the Second
Vice President, 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
The President is responsible to the nation and the Wolesi Jirga in
accordance with 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 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:
Must have only the citizenship of Afghanistan. Should a nominee for
a ministerial post also hold the citizenship of another country, the
Wulesi Jirga shall have the right to confirm or reject his or her
nomination. 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 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 the President signs them.
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
The people through free, general, secret, and direct elections elect
members of the Wolesi Jirga.
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 at least two female delegates 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 including two
representatives from the disabled and impaired and two
representatives from the Kochis 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
The Independent Electoral Commission in accordance with law reviews
credentials of members of the National Assembly.
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 shall be specified
by the internal regulations of the Wolesi Jirga.
Article Ninety Ch. 5, Art. 10
The National Assembly has the following powers: 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 powers: 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
interpolate 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 or she 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
The government, or members of the National Assembly, and in the
domain of regulating the judicial affairs through the Supreme Court
by the government can initiate proposal for the promulgation of a
law.
Article Ninety-six Ch. 5. Art. 16
Only the government initiates proposal for budget and financial
affairs.
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 advisory comments to the
Wolesi Jirga.
The decision of the Wolesi Jirga, irrespective of the consent of the
Meshrano Jirga, is enforceable after the President signs it.
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 for sessions of each house of the National Assembly is a
majority of its members, and its decisions are taken by 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 or 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. 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 Ch. 7. Art. 3
A member of the Supreme Court shall 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 Shall be a citizen of
Afghanistan. Shall have a higher education in law or in Islamic
jurisprudence, and shall have sufficient expertise and experience in
the judicial system of Afghanistan. Shall have high ethical
standards and a reputation of good deeds. Shall not have been
convicted of crimes against humanity, crimes, and sentenced of
deprivation of his civil rights by a court. Shall 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 upon request of the Government or the Courts can
review compliance with the Constitution of laws, legislative
decrees, international treaties, and international conventions, and
interpret them, in accordance with the law.
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 in matters relating to them.
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 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 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
in accordance with the law 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:
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 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 regime of the 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 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 the amendment of the
Constitution, a Commission composed of members of the Government,
National Assembly, and the Supreme Court, shall 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 Presidents, Ministers, Head and members of the
Supreme Court, Head of the Central Bank, National Security
Directorate, Governors and Mayors 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 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.
Article One Hundred and fifty five Ch. 11, Art. 5
For the ministers, members of the National Assembly, the Supreme
Court, Attorney General and judges, appropriate salaries shall be
paid in accordance with the provisions of law.
Article One Hundred and fifty six Ch. 11, Art. 6
The Independent Electoral Commission will be established to organize
and supervise any election and to hold a referendum within the
country based on the provisions of the law.
Article One Hundred fifty seven Ch. 11, Art. 7
The Independent Commission for the Supervision of the Implementation
of the Constitution will be established by law. Members of this
Commission will be appointed by the President.
Chapter Twelve
The Transitional Provisions
Article One Hundred fifty eight 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 nine Ch. 12. Art. 2
The period, following the adoption of this Constitution, until the
date of inauguration of the National Assembly, is deemed as a
transitional period.
During the transitional period, the Islamic Transitional State of
Afghanistan shall carry out the following tasks: Issue decrees
related to the election 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. Implement the reform of the executive and judiciary.
Adopt necessary measures for preparing the ground for enforcement of
the provisions of this Constitution.
Article One Hundred and sixty Ch. 12. Art. 3
The first elected President takes up his or her duties within thirty
days after the result of the election has been proclaimed, in
accordance with this constitution.
Every effort shall be made to hold the first presidential election
and the parliamentary election at the same time.
Until the establishment of the National Assembly, the powers of the
National Assembly outlined in this constitution shall be held by the
Government. The interim Supreme Court shall be established by
Presidential Decree.
Article One Hundred and sixty one Ch. 12. Art. 4
The National Assembly shall 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 up 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 annulment by the National Assembly.
Article One Hundred sixty two Ch. 12. Art. 5
This constitution enters into force upon its approval by the Loya
Jirga, and will be signed and proclaimed by the President of the
Transitional Islamic State of Afghanistan.
Upon its enforcement, laws and decrees contrary to the provisions of
this constitution are |
