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