CONSTITUTION OF THE ISLAMIC REPUBLIC
OF AFGHANISTAN, 2004
PREAMBLE
In the name of Allah, the Most Beneficent, 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 martyrs 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
I
STATE
ARTICLE
1
Afghanistan shall be an Islamic Republic, independent,
unitary and indivisible state.
ARTICLE
2
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
3
No law shall contravene the tenets and provisions of
the holy religion of Islam in Afghanistan.
ARTICLE
4
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
5
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
6
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
7
The state shall observe the United Nations Charter,
interstate 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
8
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
9
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
10
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
11
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
12
The 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
13
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
14
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
15
The state shall be obligated to adopt necessary
measures to protect and improve forests as well as the living environment.
ARTICLE
16
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
17
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
18
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
19
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
20
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
21
The capital of Afghanistan shall be the city of Kabul.
CHAPTER
II
FUNDAMENTAL
RIGHTS AND DUTIES OF CITIZENS
ARTICLE
22
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
23
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
24
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
25
Innocence is the original state. The accused shall be
innocent until proven guilty by the order of an authoritative court.
ARTICLE
26
Crime is a personal act. Investigation, arrest and
detention of an accused as well as penalty execution shall not incriminate
another person.
ARTICLE
27
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
28
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
29
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
30
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
31
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
32
Debt shall not curtail or deprive the freedom of the
individual. The method and means of recovering debt shall be regulated by law.
ARTICLE
33
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
34
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
35
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:
1.Their
manifesto and charter shall not contravene the Holy religion of Islam and
principles and values enshrined in this constitution;
2.Their
organizations and financial resources shall be transparent;
3.They
shall not have military or quasi-military aims and organizations; and
4.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
36
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
37
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
38
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 owner's 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
39
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
40
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
41
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 organizations to which Afghanistan is a member, shall be
allowed in accordance with the provisions of the law.
ARTICLE
42
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
43
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
44
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
45
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
46
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
47
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
48
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
49
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
50
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
51
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
52
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.
ARTICLE
53
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
54
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
55
Defending the country shall be the duty of all
citizens of Afghanistan. Conditions for compulsory military service shall be
regulated by law.
ARTICLE
56
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
57
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
58
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
59
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
III
THE
PRESIDENT
ARTICLE
60
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 2 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
61
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
62
The individual who becomes a presidential candidate
shall have the following qualifications:
1.Shall
be a citizen of Afghanistan, Muslim, born of Afghan parents and shall not be a
citizen of another country;
2.Shall
not be less than forty years old the day of candidacy;
3.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 2 terms
as President. The provision of this Article shall also apply to
Vice-Presidents.
ARTICLE
63
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
64
The President shall have the following authorities and
duties:
1.Supervise
the implementation of the Constitution;
2.Determine
the fundamental lines of the policy of the country with the approval of the
National Assembly;
3.Being
the Commander in Chief of the armed forces of Afghanistan;
4.Declare
war and peace with the endorsement of the National Assembly;
5.Take
necessary decisions to defend territorial integrity and preserve independence;
6.Dispatch
armed forces units outside of Afghanistan with the endorsement of the National
Assembly;
7.Convene
the Loya Jirga except in the situation prescribed in Article 69 of this
Constitution;
8.Proclaim
as well as terminate the state of emergency with the endorsement of the
National Assembly;
9.Inaugurate
the sessions of National Assembly and Loya Jirga.
10.Accept
the resignations of vice-presidents of the Republic;
11.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;
12.Appoint
the Justice of the Supreme Court as well as justices of the Supreme Court with
the endorsement of the House of People;
13.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;
14.Appoint
heads of political representatives of Afghanistan to foreign states as well as
international organizations;
15.Accept
credentials of foreign political representatives in Afghanistan;
16.Endorse
laws as well as judicial decrees;
17.Issue
credential letter for conclusion of international treaties in accordance with
the provisions of the law;
18.Reduce
and pardon penalties in accordance with the provisions of the law;
19.Bestow
medals, insignias as well as honorary titles in accordance with the provisions
of the law;
20.Establish
commissions to improve the administration of the country in accordance with the
provisions of the law;
21.Perform
other authorities and duties enshrined in this Constitution.
ARTICLE
65
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
66
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
67
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 3 months in accordance with Article 61 of
the Constitution. The First Vice-President, in acting as interim President,
shall not perform the following duties:
1.Amend
the Constitution;
2.Dismiss
ministers;
3.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
68
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 67 of
this Constitution, shall assume the duties of the President.
ARTICLE
69
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 1 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 67 of this Constitution shall be applied.
ARTICLE
70
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 IV
GOVERNMENT
ARTICLE
71
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
72
The individual appointed as Minister shall have the
following qualifications:
1.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;
2.Shall
have higher education, work experience as well as a good reputation;
3.Shall
not be less than thirty 5 years of age;
4.Shall
not have been convicted of crimes against humanity, a criminal act or
deprivation of civil rights by a court.
ARTICLE
73
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
74
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
75
The Government shall have the following duties:
1.Execute
the provisions of this Constitution, other laws, as well as the final decisions
of the courts;
2.Preserve
the independence, defend the territorial integrity and safeguard the interests
and prestige of Afghanistan in the international community;
3.Maintain
public law and order and eliminate every kind of administrative corruption;
4.Prepare
the budget, regulate financial conditions of the state as well as protect
public wealth;
5.Devise
and implement social, cultural, economic and technological development
programs;
6.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;
7.Perform
other duties that, in accordance with this Constitution and other laws, fall
within the Government responsibilities.
ARTICLE
76
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
77
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
78
If a Minister is accused of crimes against humanity,
national treason or other crimes, the case, in accordance with Article 134 of
this Constitution, shall be submitted to a special court.
ARTICLE
79
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
80
During their tour of duty, the Ministers shall not use
their positions for linguistic, sectarian, tribal, religious or partisan
purposes.
CHAPTER
V
NATIONAL
ASSEMBLY
ARTICLE
81
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
82
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
83
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 250 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
84
Members of the House of Elders shall be elected and
appointed as follows:
1.From
amongst each provincial council members, one individual shall be elected by the
respective council for a four year term;
2.From
amongst district councils of each province, one individual, elected by the
respective councils, for a three year term;
3.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
85
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:
1.Shall
be a citizen of Afghanistan or shall have obtained citizenship of the state of
Afghanistan at least 10 years prior to candidacy date or appointment;
2.Shall
not have been convicted of crimes against humanity, as well as a crime or
deprivation from civil rights by a court;
3.Shall
have completed twenty-5 years of age on candidacy day for the House of People,
and 35 years on candidacy day or appointment for the House of Elders.
ARTICLE
86
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
87
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
88
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
89
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
90
The National Assembly shall have the following duties:
1.Ratification,
modification or abrogation of laws or legislative decrees;
2.Approval
of social, cultural, economic as well as technological development programs;
3.Approval
of the state budget as well as permission to obtain or grant loans;
4.Creation,
modification and or abrogation of administrative units;
5.Ratification
of international treaties and agreements, or abrogation of membership of
Afghanistan in them;
6.Other
authorities enshrined in this Constitution.
ARTICLE
91
The House of People shall have the following special
authorities:
1.Decide
about elucidation session from each Minister in accordance with Article 92 of
this Constitution;
2.Decide
on the development programs as well as the state budget;
3.Approve
or reject appointments according to provisions of this Constitution.
ARTICLE
92
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
93
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
94
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 15 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 2 thirds of all the
votes, the draft shall be considered endorsed and enforceable.
ARTICLE
95
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
96
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
97
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 15 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
98
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 6 months according to the provisions of
the law. The House of People shall not delay approval of the budget for more
than 1 month after receiving it and give permission to obtain or grant loans
not included in the budget, for more than 15 days.
If the House of People during this period does not
decide on obtaining or granting loans, the proposal shall be considered
approved.
ARTICLE
99
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
100
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
101
No member of the National Assembly shall be legally
prosecuted for reasons of voting or views expressed during performance of duty.
ARTICLE
102
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
103
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
104
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:
1.When
the legislative term or annual sessions are inaugurated by the President;
2.When
deemed necessary by the President.
The President of the House of People shall preside
over the joint sessions of the National Assembly.
ARTICLE
105
The sessions of the National Assembly shall be open
unless the President of the Assembly or at least 10 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
106
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
107
The National Assembly shall hold 2 regular sessions
annually. The term of both regular sessions shall be 9 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
108
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
109
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
VI
LOYA
JIRGA
ARTICLE
110
The Loya Jirga is the highest manifestation of the
will of the people of Afghanistan. The Loya Jirga consists of:
1.Members
of the National Assembly;
2.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
111
The Loya Jirga shall convene in the following
situations:
1.To
decide on issues related to independence, national sovereignty, territorial
integrity as well as supreme national interests;
2.Amend
provisions of this Constitution;
3.Impeach
the President in accordance with the provisions of Article 69 of the
Constitution.
ARTICLE
112
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
113
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
114
Sessions of the Loya Jirga shall be open unless one-fourth
of its membership demand secrecy, and the Loya Jirga accept this demand.
ARTICLE
115
During the sessions of the Loya Jirga, provisions of
Articles 111 and 112 of this Constitution shall be applied to its members.
CHAPTER
VII
THE
JUDICIARY
ARTICLE
116
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
117
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 50 as well as
Article 118 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 127 of this Constitution, shall not be
dismissed till the end of their term.
ARTICLE
118
Supreme Court members shall have the following
qualifications:
1.At
time of appointment the age of the Chief Justice of the Supreme Court and its
members shall not be less than forty years.
2.Shall
be a citizen of Afghanistan.
3.Shall
have higher education in legal studies or Islamic jurisprudence as well as
expertise and adequate experience in the judicial system of Afghanistan.
4.Shall
have good character as well as good reputation.
5.Shall
not have been convicted, by a court, for crimes against humanity, crimes, or
deprivation of civil rights.
6.Shall
not be a member of any political party during his term of duty.
ARTICLE
119
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
120
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
121
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
122
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 69, 78 and 127 of this
Constitution, as well as cases related to military courts. The organization and
authority of these courts shall be regulated by law.
ARTICLE
123
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
124
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
125
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
126
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
127
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
128
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
129
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
130
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
131
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
132
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
133
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
134
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
135
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
VIII
ADMINISTRATION
ARTICLE
136
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
137
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
138
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
139
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
140
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 3 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
141
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
142
To implement the provisions as well as attain values
enshrined in this Constitution, the state shall establish necessary offices.
CHAPTER
IX
STATE
OF EMERGENCY
ARTICLE
143
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
144
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
145
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:
1.Clause
two of Article 27;
2.Article
36;
3.Clause
two of Article 37;
4.Clause
two of Article 38.
ARTICLE
146
The Constitution shall not be amended during the state
of emergency.
ARTICLE
147
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 4 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
148
At the termination of the state of emergency, measures
adopted under Article 144 and 145 of this Constitution shall be void
immediately.
CHAPTER
X
AMENDMENTS
ARTICLE
149
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 67
and 146 of this Constitution, shall become effective with the proposal of the President
and approval of the majority of National Assembly members.
ARTICLE
150
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
XI
MISCELLANEOUS
PROVISIONS
ARTICLE
151
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
152
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
153
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
154
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
155
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
156
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
157
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 XII
TRANSITIONAL PROVISIONS
ARTICLE
158
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 1381 (HS), (2002), with due respect to
provisions of this Constitution, shall be preserved during his lifetime.
ARTICLE
159
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:
1.Issuing
legislative decrees related to elections of the President, National Assembly as
well as local councils within six months;
2.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;
3.Establishing
the Independent Elections Commission;
4.Completing
necessary reforms to better regulate executive as well as judicial affairs;
5.Adopting
necessary measures to prepare the ground for implementing provisions of the
Constitution.
ARTICLE
160
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
161
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 159 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
162
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.
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