Home
Afghanistan constitution PDF Print E-mail
Written by Administrator   
Thursday, 26 August 2010 07:25

Preamble

In the name of God, the Merciful, the Compassionate, We the people of Afghanistan:
With firm faith in God Almighty and relying on His mercy, and Believing in the Sacred religion of Islam,

Observing the United Nations Charter and respecting the Universal Declaration of Human Rights,

Realizing the injustice and shortcoming of the past, and the numerous troubles imposed on our country,

While
acknowledging the sacrifices and the historic struggles, rightful Jehad
and resistance of the Nation, and respecting the high position of the
martyrs for the freedom of Afghanistan,

Understanding the fact that Afghanistan is a single and united country and belongs to all ethnicity residing in this country,

For consolidating, national unity, safeguarding independence, national sovereignty, and territorial integrity of the country,

For establishing a government based on people's will and democracy,

For
creation of a civil society free of oppression, atrocity,
discrimination, and violence, based on rule of law, social justice,
protection of human rights, and dignity, and ensuring fundamental
rights and freedoms of the people,

For strengthening of political, social, economic, and defensive institutions of the country,

For ensuring a prosperous life, and sound environment for all those residing in this land,

And finally for regaining Afghanistan's deserving place in the international community,
Have
adopted this constitution in compliance with historical, cultural, and
social requirements of the era, through our elected representatives in
the Loya Jirga dated / /1382 in the city of Kabul.

Chapter One The State

Article 1
Afghanistan is an Islamic Republic, independent, unitary and indivisible state.

Article 2
The religion of Afghanistan is the sacred religion of Islam.
Followers of other religions are free to perform their religious ceremonies within the limits of the provisions of law.

Article 3
In Afghanistan, no law can be contrary to the sacred religion of Islam and the values of this Constitution.

Article 4
National sovereignty in Afghanistan belongs to the nation that exercises it directly or through its representatives.
The nation of Afghanistan consists of all individuals who are the citizen of Afghanistan.
The word Afghan applies to every citizen of Afghanistan.
None of the citizens of the nation shall be deprived of his Afghan citizenship.
Affairs related to the citizenship and asylum are regulated by law.

Article 5
Implementation
of the provisions of this constitution and other laws, defending
independence, national sovereignty, territorial integrity, and ensuring
the security and defense capability of the country, are the basic
duties of the state.

Article 6
The state is obliged to create
a prosperous and progressive society based on social justice,
protection of human dignity, protection of human rights, realization of
democracy, and to ensure national unity and equality among all ethnic
groups and tribes and to provide for balanced development in all areas
of the country.

Article 7
The state shall abide by the United
Nations charter, international treaties, international conventions that
Afghanistan has signed, and the Universal Declaration of Human Rights.
The state prevents all types of terrorist activities, production and smuggling of narcotics.

Article 8
The
state regulates the foreign policy of the country on the basis of
preserving the independence, national interests, territorial integrity,
non-aggression, good neighborliness, mutual respect, and equal rights.

Article 9
Mines, underground resources are properties of the state.
Law shall regulate protection, use, management, and mode of utilization of the public properties.

Article 10
The
State encourages and protects private capital investments and
enterprises based on the market economy and guarantee their protection
in accordance with the provisions of law.

Article 11
Affairs
related to the domestic and external trade shall be regulated by law,
in accordance with the needs of the national economy and public
interests.

Article 12
De Afghanistan Bank is the central and independent bank of the state.
Issuance
of currency, and formulation and implementation of monetary policy of
the country are the mandates of the central bank in accordance with law.
Structure and operation of this bank shall be regulated by law.

Article 13
The
state shall formulate and implement effective programs for development
of industries, growth of production, increasing of public living
standards, and support to craftsmanship.

Article 14
The state
shall design and implement within its financial resources effective
programs for development of agriculture and animal husbandry, improving
the economic, social and living conditions of farmers, herders,
settlement and living conditions of nomads.
The state adopts
necessary measures for housing and distribution of public estates to
deserving citizens in accordance within its financial resources and the
law.

Article 15
The archeological artifacts are the state property.
The
state is obliged to adopt necessary measures for safeguarding
archeological artifacts, proper exploitation of natural resources, and
improvement of ecological conditions.

Article 16
From among
the languages of Pashto, Dari, Uzbeki, Turkmani, Baluchi, Pashaei,
Nuristani, and other languages spoken in the country, Pashto and Dari
are the official languages of the state.
The state adopts and implements effective plans for strengthening, and developing all languages of Afghanistan.
Publications and radio and television broadcasting are free in all other languages spoken in the country.

Article 17
The
state shall adopt necessary measures for promotion of education in all
levels, development of religious education, organizing and improving
the conditions of mosques, madrasas and religious centers.

Article 18
The calendar of the country shall be based on the pilgrimage of the Prophet (PBUH).
The basis of work for state offices is the solar calendar.
Friday is a public holiday.
Other holidays shall be regulated by law.

Article 19
The Afghan flag is made up of three equal parts, with black, red and green colors bordering from left to right perpendicularly.

The width of every colored piece is equal to half of its length. The national insignia is located in the center of the flag.

The national insignia of the state of Afghanistan is composed of Mehrab and pulpit in white color.

Two
flags are located on its two sides. In the upper-middle part of the
insignia the sacred phrase of "There is no God but Allah and Mohammad
is his prophet, and Allah is Great" is placed, along with a rising sun.
The word "Afghanistan" and year 1298 (solar calendar) is located in the
lower part of the insignia. The insignia is encircled with two branches
of wheat.

The law shall regulate the use of national flag and emblem.

Article 20
The National Anthem of Afghanistan shall be in Pashtu.

Article 21
The capital of Afghanistan is the city of Kabul.

Chapter Two Fundamental Rights and Duties of Citizens

Article 22
Any kind of discrimination and privilege between the citizens of Afghanistan are prohibited.
The citizens of Afghanistan have equal rights and duties before the law

Article 23
Life
is a gift of God and a natural right of human beings. No one shall be
deprived of this right except by the provision of law.

Article 24
Liberty
is the natural right of human beings. This right has no limits unless
affecting the rights of others or public interests, which are regulated
by law.
Liberty and dignity of human beings are inviolable.
The state has the duty to respect and protect the liberty and dignity of human beings.

Article 25
Purity of heart is the original state.
An accused is considered innocent until convicted by a final decision of an authorized court.

Article 26
Crime is a personal action.
The prosecution, arrest, and detention of an accused and the execution of penalty can not affect another person.

Article 27
No act is considered a crime, unless determined by a law adopted prior to the date on which the offense is committed.
No person can be pursued, arrested or detained but in accordance with provisions of law.
No
person can be punished but in accordance with the decision of an
authorized court and in conformity with the law adopted before the date
of offense.

Article 28
No citizen of Afghanistan accused of a
crime can be extradited to a foreign state unless according mutual
agreement and international conventions that Afghanistan has joined.
No Afghan would be sentenced to deprivation of citizenship or to exile inside the country or abroad.

Article 29
Torture of human beings is prohibited.
No
person, even with the intention of discovering the truth, can resort to
torture or order the torture of another person who may be under
prosecution, arrest, or imprisoned or convicted to punishment.
Punishment contrary to human integrity is prohibited.

Article 30
Any statement, testimony, or confession obtained from an accused or of another person by means of compulsion are invalid.
Confession to a crime is: a voluntary confession before an authorized court by an accused in a sound state of mind.

Article 31
Every person upon arrest can seek an advocate to defend his rights or to defend his case for which he is accused under the law.
The
accused upon arrest has the right to be informed of the attributed
accusation and to be summoned to the court within the limits determined
by law.
In criminal cases, the state shall appoint an advocate for a destitute.
The duties and authorities of advocates shall be regulated by law.

Article 32
Being in debt does not limit a person's freedom or deprive him of his liberties.
The mode and means of recovering a debt shall be regulated by law.

Article 33
The citizens of Afghanistan have the right to elect and be elected.
Law regulates the conditions and means to exercise this right.

Article 34
Freedom of expression is inviolable.
Every
Afghan has the right to express his thought through speech, writing, or
illustration or other means, by observing the provisions stated in this
Constitution.
Every Afghan has the right to print or publish topics
without prior submission to the state authorities in accordance with
the law.

The law will regulate directives related to printing house, radio, television, press, and other mass media.

Article 35
The
citizens of Afghanistan have the right to form social organizations for
the purpose of securing material or spiritual aims in accordance with
the provisions of the law.
The citizens of Afghanistan have the
right to form political parties in accordance with the provisions of
the law, provided that:
1. The program and charter of the party are
not contrary to the principles of sacred religion of Islam, and the
provisions and values of this Constitution. 2. The organizational
structure and financial sources of the party are made public. 3. The
party does not have military or paramilitary aims and structures. 4.
Should have no affiliation to a foreign political party or sources.

Formation and functioning of a party based on ethnicity, language, religion and region is not permissible.
A
party set up in accordance with provisions of the law shall not be
dissolved without lawful reasons and the decision of an authorized
court.

Article 36
The citizens of Afghanistan have the right to un-armed demonstrations, for legitimate peaceful purposes.

Article 37
Confidentiality
and freedom of correspondence and communication whether in the form of
letters or through telephone, telegraph and other means, are immune
from invasion.
The state does not have the right to inspect personal
correspondence and communication unless authorized by the provisions of
law.

Article 38
A person's residence is immune from invasion.
Other
than the situations and methods indicated in the law, no one, including
the state, are allowed to enter or inspect a private residence without
prior permission of the resident or holding a court order.
In case
of an evident crime, an official in-charge of the situation can enter
or conduct a house search prior to the permission of the court.
The
official involved in the situation is required to obtain a subsequent
court order for the house search within the period indicated by law.

Article 39
Every Afghan has the right to travel or settle in any part of the country except in the regions forbidden by law.
Every Afghan has the right to travel abroad and return home in accordance with the provisions of law.
The state shall protect the rights of the citizens of Afghanistan abroad.

Article 40
Property is immune from invasion.
No person shall be forbidden from acquiring and making use of a property except within the limits of law.
No body's property shall be confiscated without the provisions of law and the order of an authorized court.
Acquisition
of a person's property, in return for a prior and just compensation
within the bounds of law, is permitted only for securing public
interests in accordance with the provisions of law.
Inspection and disclosure of a private property are carried out only in accordance with the provisions of law.

Article 41
Foreign individuals do not have the right to own immovable property in Afghanistan.
Lease of immovable property for the purpose of investment is permissible in accord with law.
The
sale of estates to diplomatic missions of foreign countries and to
those international agencies, of which Afghanistan is a member, is
permissible in accordance with the provisions of law.

Article 42
Every Afghan is obligated to pay taxes and duties to the government in accordance with the provisions of law.
No taxes and duties are enforced without provisions of law.
The rate of taxes and duties and the method of payment are determined by law on the basis of observing social justice.
This provision is also applied to foreign individuals and agencies.
Every kind of tax, duties, and incomes collected, shall be delivered to the State account.

Article 43
Education
is the right of all citizens of Afghanistan, which shall be provided up
to secondary level, free of charge by the state.

The state is
obliged to devise and implement effective programs for a balanced
expansion of education all over Afghanistan, and to provide compulsory
intermediate level education.
The state is also required to provide the opportunity to teach native languages in the areas where they are spoken.

Article 44
The
state shall devise and implement effective programs for balancing and
promoting of education for women, improving of education of nomads and
elimination of illiteracy in the country.

Article 45
The
state shall devise and implement a unified educational curriculum based
on the provisions of the sacred religion of Islam, national culture,
and in accordance with academic principles, and develops the curriculum
of religious subjects on the basis of the Islamic sects existing in
Afghanistan.

Article 46
Establishing and operating of higher, general and vocational education are the duties of the state.
The
citizens of Afghanistan also can establish higher, general, and
vocational private educational institutions and literacy courses with
the permission of the state.
The state can also permit foreign
persons to set up higher, general and vocational educational private
institutes in accordance with the law.
The conditions for admission to state higher education institutions and other related matters to be regulated by the law.

Article 47
The state shall devise effective programs for the promotion of science, culture, literature and the arts.
The
state guarantees the rights of authors, inventors, and discoverers, and
encourages and supports scientific researches in all areas, and
publicizes the effective use of their results in accordance with the
law.

Article 48
Work is the right of every Afghan.
Working hours, paid holidays, right of employment and employee, and other related affairs are regulated by law.
Choice of occupation and craft is free within the limits of law.

Article 49
Forced labor is forbidden.

Forced labor, in times of war, calamity, and other situations threatening lives and public welfare are exceptions to this rule.
Children shall not be subjected to the force labor.

Article 50
The
state is obliged to adopt necessary measures for creation of a strong
and sound administration and realization of reforms in the
administration system of the country.
Government offices are bound to carry their work with full neutrality and incompliance with the provisions of law.
The
citizens of Afghanistan have the right of access to the information
from the government offices in accordance with the provisions of law.
This rights has no limits, unless violation of the rights of the others.
The
citizens of Afghanistan are employed for state services on the basis of
qualification without any kind of discrimination and in accordance with
law.

Article 51
Any person suffering undue harm by government action is entitled to compensation, which he can claim by appealing to court.
With the exception of situation stated in the law, the state cannot claim its right without the order of an authorized court.

Article 52

The
state is obliged to provide the means of preventive health care and
medical treatment, and proper health facilities to all citizens of
Afghanistan in accordance with.
The state encourages and protects
the establishment and expansion of private medical services and health
centers in accordance with law.
The state in order to promote physical education and improve national and local sports adopts necessary measures.

Article 53
The
state takes necessary measures for regulating medical services and
financial support to descendants of martyred, lost or disabled and
handicapped individuals in accordance with Law.
The state guarantees
the rights of pensioners and renders necessary assistance to needy
elders, women without caretakers, and needy orphans in accordance with
the law.

Article 54
Family is a fundamental unit of society and is supported by the state.
The
state adopts necessary measures to ensure physical and psychological
well being of family, especially of child and mother, upbringing of
children and the elimination of traditions contrary to the principles
of sacred religion of Islam.

Article 55
The defense of the country is the responsibility of all citizens of Afghanistan.
The conditions for military services are regulated by law.

Article 56
Observing
the provisions of the Constitution, obeying the laws, adhering to
public law and order are the duties of all people of Afghanistan.
Ignorance about the provisions of law is not considered an excuse.

Article 57
The state guarantees the rights and liberties of the foreign citizens residing in Afghanistan in accordance with the law.
Theses people are obliged to observe the laws of the state of Afghanistan in accordance with the International Law.

Article 58
The
State, for the purpose of monitoring, observation of human rights in
Afghanistan their protection, shall establish the Independent Human
Rights Commission of Afghanistan.
Everyone in case of violation of his fundamental rights can launch complaint to this Commission.
The
commission can refer the cases of violation of the fundamental rights
of the persons to the legal authorities, and assist them defending
their rights.
Structure and mode of function of this Commission will be regulated by law.

Article 59
No
one can misuse the rights and freedoms under this Constitution against
independence, territorial integrity, national unity, sovereignty and
national unity.

Chapter Three The President

Article 60
The
President is the head of the state of the Islamic Republic of
Afghanistan, and conducts his authorities in executive, legislative,
and judiciary branches in accordance with the provisions of this
Constitution.
The President is responsible to the nation.
The President shall have one Vice President.
The President on his candidacy shall declare the name of the Vice President to the nation.
The
Vice President in the absence, resignation, and or death of the
President, acts in accordance with the provisions of this constitution.

Article 61
The President is elected by receiving more than 50% of the votes cast through free, general, secret, and direct voting.
The presidential term is expired at the first of (Jawza) of the fifth years after the elections.
Elections for the new president are held within thirty, to sixty days before the end of the presidential term.
If
none of the candidates succeeds to receive more than 50% of the votes
in the first round, a run-off election shall be held within two weeks.
In this round, only two candidates with the highest number of votes will participate.
In the run-off, the candidate who gets the majority of the votes shall be elected as the President.
In
case of death of one of the candidates before the first or second
round, or prior to the announcement of the results of elections, new
elections shall be held in accordance with the provisions of law.
The elections for the post of president shall be held under the supervision of the
Independent Commission supervising of the Elections.
This
commission shall be established to supervise all kinds of elections and
referendums in the country, in accordance with the provisions of law.

Article 62
Presidential candidates should posses the following qualifications:
1.
Should be citizen of Afghanistan, Muslim and born of Afghan parents,
and should not have citizenship of another country. 2. On the day of
becoming a candidate, his age should not be less than forty years. 3.
Should not have been convicted of crimes against humanity, criminal
act, or deprivation of the civil rights by a court.

No one can be elected as president for more than two terms.
The provision of this article is applied to the Vice President as well.

Article 63

The
President-elect, prior to resumption of his/her duties, performs the
following oath of allegiance in the presence of members of the National
Assembly and the chief justice:
"In the name Allah, the Merciful, the Compassionate
In
the name Allah Almighty, in the presence of you representatives of the
nation of Afghanistan, I swear to obey and safeguard the provisions of
the sacred religion of Islam, to observe the Constitution and other
laws of Afghanistan and supervise their implementation; to safeguard
the independence, national sovereignty, and the territorial integrity
of Afghanistan and the fundamental rights and interests of the people
of Afghanistan, and with the assistance of God and the support of the
nation, to make great and sincere efforts for the happiness and
progress of the people of Afghanistan."

Article 64
The power and duties of the President are as follows:
1.
Supervising the implementation of the Constitution. 2. Determining the
fundamental policies of the state. 3. Being the Command-in-Chief of the
armed forces of Afghanistan. 4. Declaration of war and ceasefire with
the approval of the National Assembly. 5. Taking the required decision
during defending of territorial integrity and protecting of the
independence. 6. Sending contingents of the armed forces to foreign
countries with the approval of the National Assembly. 7. Convening Loya
Jirga except in a situation stated in Article Sixty-eight of this
Constitution. 8. Declaring the state of emergency and ending it with
the approval of the National Assembly. 9. Inaugurating the National
Assembly and the Loya Jirga. 10. Accepting resignation of the Vice
President.
10. Appointing of Ministers and the Attorney General with
the approval of the Wolesi Jirga, and acceptance of their dismissal and
resignation. 11. Appointing the head and members of the Supreme Court
with the approval of the Wolesi Jirga. 12. Appointment, retirement and
acceptance of resignation and dismissal of judges, officers of the
armed forces, police, national security, and high-ranking officials in
accordance with the law. 13. Appointment of heads of diplomatic
missions of Afghanistan in foreign countries and international
organizations. 14. Accepting the credentials of diplomatic missions in
Afghanistan. 15. Signing of laws and legislative decrees. 16. Issuing
credential letter for the conclusion of bi-lateral and international
treaties in accordance with the provisions of law. 17. Reducing and
pardoning penalties in accordance with law. 18. Issuing medals and
honorary titles in accordance with the provision of law. 19.
Appointment of the Governor of De Afghanistan Central Bank with the
approval of the Wolesi Jirga. 20. The establishment of commissions for
the improvement of the administrative condition of the country, in
accordance with law. 21. Exercising other authorities in accordance
with the provisions of this Constitution.

Article 65
The President can call for a referendum on important national, political, social or economic issues.
Call for referendum shall not be contrary to the provisions of this constitution or for the amendment of it.

Article 66
The
President takes into consideration the supreme interests of the people
of Afghanistan while enforcing the powers stated in this Constitution.
The President cannot sell or bestow state properties without the provisions of the law.
The
President cannot act based on linguistic, ethnic, religious, political,
and regional considerations during his term in office.

Article 67
In
case of resignation, impeachment, or death of the President, or of a
serious illness that could hinder the performance of duties, the Vice
President undertakes his duties and authorities.
The President declares his resignation personally to the National Assembly.
The serious illness shall be proved by an authorized medical committee appointed by the Supreme Court.
In
this case, election for the new President shall be held within the
period of three months in accordance with the article 61 of this
constitution.
During the time when the Vice President fills in as the interim President, he cannot perform the following:
1. Amendment of the constitution 2. Dismissal of ministers. 3. Call for a referendum.
During
this period the Vice President can nominate himself as a candidate for
the post of President in accordance with the provisions of this
constitution.
In the absence of the President, the duties of the Vice President shall be determined by the President.

Article 68
In
case of resignation and or death of the Vice President, another person
shall replace him by the proposal of the President and approval of the
Wolesi Jirga.
In case of simultaneously death of the President and
Vice President, his duties shall be implemented by the Chair of the
Meshrano Jirga and in the absence of the chair of the Meshrano Jirga,
Chair of the Wolesi Jirga, and in the absence of the Chair of the
Wolesi Jirga, the Foreign Minister shall take the duties of the
President in accordance with the article 67 of this constitution.

Article 69
Accusations
of crime against humanity, national treason or crime can be leveled
against the President by one third of the members of the Wolesi Jirga.
If
two third of the Wolesi Jirga votes for charges to be brought forth,
the Wolesi Jirga shall convene a Loya Jirga within one month.
If the
Loya Jirga approve the accusation by a two-thirds majority of votes the
President is then dismissed, and the case is referred to a special
court.
The special court is composed of three members of the Wolesi
Jirga, and three members of the Supreme Court appointed by the Loya
Jirga and the Chair of the Meshrano Jirga.
The lawsuit is conducted by a person appointed by the Loya Jirga.
In this situation, the provisions of Article 67 of this Constitution are applied.

Article 70
The salary and expenditures of the President are regulated by law.
After
expiration of his term, the President is entitled to financial benefits
of the presidency for the rest of his life in accordance with the law
except in the case of dismissal.

Chapter Four The Government

Article 71
The government consists of the ministers who work under the Chairmanship of the President.
Ministers are appointed by the President and shall be introduced for approval to the National Assembly.

Article 72
The person, who is appointed as the Minister, should have the following qualifications:
1.
Should be the citizen of Afghanistan. 2. Should have higher education,
work experience and, good reputation. 3. His age should not be less
than thirty-five. 4. Should not have been convicted of crimes against
humanity, criminal act, or deprivation of the civil rights by a court.

Article 73
The Ministers can be appointed from within and without the National Assembly.
If
a member of the National Assembly is appointed as a minister, he loses
his membership in the National Assembly, and is replaced by another
person in accordance with the provisions of law.

Article 74
Prior to taking office, the minister perform the following oath in the presence of the President:
In the name of Allah, the merciful and compassionate:
"I
swear in the name of God Almighty to support the provisions of the
sacred religion of Islam, follow the Constitution and other laws of
Afghanistan, protect the rights of citizens, and safeguard the
independence, territorial integrity and national unity of Afghanistan,
and consider God Almighty present in performing all my
responsibilities, and honestly perform the duties assigned to me."

Article 75
The government has the following duties.
1.
Execute the provision of this Constitution, other laws, and final
orders of the courts. 2. Protect the independence, defend the
territorial integrity, and safeguard the interests and dignity of
Afghanistan in the international community. 3. Maintenance of public
law and order and elimination of administrative corruption. 4. Prepare
the budget, regulate financial affairs, and protect public wealth. 5.
Devise and implement programs for social, cultural, economic, and
technological progress. 6. Report to the National Assembly at the end
of the fiscal year about the tasks accomplished and about the main
plans for the new fiscal year. 7. Perform other duties as recognized by
this Constitution and other laws to be duties of the government.

Article 76
In
order to implement the main policies of the country, and regulation of
its duties, the government shall devise and approve regulations.
These regulations should not be contradictory to the text and spirit of any law.

Article 77
As
heads of administrative units and members of the government, the
ministers perform their duties within the limits determined by this
Constitution and other laws.
The Ministers are responsible to the President and the Wolesi Jirga for their particular duties.

Article 78
If
a Minister is accused of crime against humanity, national treason or
criminal act of a crime, the case shall be referred to a special court
in accordance with the article 134 of this constitution.

Article 79
In
cases of recess of the Wolesi Jirga, the government can adopt
legislation in an emergency situation on matters other than those
related to budget and financial affairs.
The legislative decrees become laws after they are signed by the President.
The
legislative decrees should be submitted to the National Assembly in the
course of thirty days beginning from the first session of the National
Assembly.
In case of rejection by the National Assembly, the legislations become void.

Article 80
The
Minister during the course of their work cannot use their posts for
linguistic, regional, ethnic, religion and partisan purposes.

Chapter Five The National Assembly

Article 81
The
National Assembly of the Islamic Republic of Afghanistan as the highest
legislative organ is the manifestation of the will of its people and
represents the whole nation.
Every member of the National Assembly
takes into judgment the general welfare and supreme interests of all
people of Afghanistan at the time of casting their vote.

Article 82
The National Assembly consists of two houses: Wolesi Jirga (the House of People) and Meshrano Jirga. (House of Elders)
No one can become member of both houses simultaneously.

Article 83
Members of the Wolesi Jirga are elected by the people through free, general, secret, and direct elections.
Their mandate ends on the 1st of Saratan of the fifth year after the elections, and the new assembly starts its work.
The
election of the members of the Wolesi Jirga shall be held within 30 to
60 days before the expiry of the term of the Wolesi Jirga.
The
number of members of the Wolesi Jirga, proportionate to the population
of each region, shall be between two hundred and twenty, and two
hundred and fifty.
Electoral constituency and other related issues shall be determined by election laws.
In
the election law measures should be adopted for so the election system
shall provide general and just representation for all the people of the
country, and at least one female delegate should be elected from each
province.

Article 84
Members of the Meshrano Jirga are elected and appointed as follows:

1.
From among the members of each provincial council, the respective
council elects one person for a period of four years. 2. From among the
district councils of each province, the respective councils elect one
person for a period of three years. 3. The President from among experts
and experienced personalities appoints the remaining one-third of the
members for a period of five years.

The president appoints 50% of these people from among women.
A
person, who is appointed as a member of the Meshrano Jirga, shall
relinquish his membership in the respective council, and another person
replaces him in accordance with the law.

Article 85
A person
who is nominated or appointed as a member of the National Assembly
should have the following qualifications in addition to those
considered by voters.
1. Should be the citizen of Afghanistan, or
has obtained the citizenship of the state of Afghanistan at least ten
years before becoming a candidate. 2. Should not have been convicted by
a court for committing a crime against humanity, a crime, or sentenced
of deprivation of his civil rights. 3. Members of Wolesi Jirga should
be Twenty Five years old at the date of candidacy, and members of the
Meshrano Jirga should be Thirty Five years old at the date of candidacy
or appointment.

Article 86
Credentials of members of the
National Assembly are reviewed by independent commission for
supervision of the elections in accordance with law.

Article 87
In
the beginning of the legislative period, each one of the two houses
elects one of its members as the Chairperson, and two people as the
first and second Vice Chairperson, and two people as the secretary and
assistant secretary for a period of one year.
These individuals constitute the administrative board in their respective houses.
The duties of the administrative boards are determined in the regulations pertaining to the internal duties of each house.

Article 88
Each
house of the National Assembly sets up commissions to study the topics
under discussion in accordance with its internal regulations.

Article 89
The
Wolesi Jirga has the authority to set up a special commission if
one-third of its members put forward a proposal to inquire about and
study government actions.
The composition and procedure of this commission is specified in the internal regulations of Wolesi Jirga.

Article 90s
The National Assembly has the following authorities:
1.
Ratification, modification, or abrogation of laws and or legislative
decrees. 2. Approval of plans for economic, social, cultural, and
technological development. 3. Approval of state budget, permission for
obtaining, and granting loans. 4. Creation, modification of
administrative units. 5. Ratification of international treaties and
agreements, or abrogation of the membership of Afghanistan to them. 6.
Other authorities specified in this Constitution.

Article 91

Wolesi Jirga has the following special authorities:
1.
Deciding on interpellation of each of the ministers in accordance with
the provisions of article 92 of this constitution. 2. Taking the final
decision about the state's development programs and state budget, in
case of a disagreement between the Wolesi Jirga and the Meshrano Jirga.
3. Approval of the appointments according to the provisions of this
constitution.

Article 92
Wolesi Jirga, based on a proposal by one-tenth of all members, can interpellate each of the Ministers.
If the responses given are not satisfactory, Wolesi Jirga shall consider the issue of vote of no confidence.
Vote of no confidence on a Minister should be explicit, direct, and on the basis of well founded reasons.
This vote should be approved by a majority of all members of the Wolesi Jirga.

Article 93
Any commission of both Houses of the National Assembly can question each of the Ministers about specific topics.
The person questioned can provide verbal or written response.

Article 94
Law is what both Houses of the National Assembly approve and the President endorses unless this Constitution states otherwise.
In
case the President does not agree to what the National Assembly
approves, he can send the document back with justifiable reasons to the
Wolesi Jirga within fifteen days of its submission.
With the passage
of this period or in case the Wolesi Jirga approves a particular case
again with a majority of two-thirds votes, the bill is considered
endorsed and enforced.

Article 95
Proposal for the
promulgation of a law can be initiated by the government, or members of
the National Assembly, and in the domain of regulating the judicial
affairs through the Supreme Court by the government.

Article 96
Proposal for budget and financial affairs are initiated only by the government.

Article 97
Proposals for promulgation of law initiated by the government are submitted first to the Wolesi Jirga.
If
a proposal for the promulgation of law includes imposition of new taxes
or reduction in state incomes, it is included in the working agenda on
condition that an alternative source is also envisioned.
The Wolesi
Jirga approves or rejects the proposal of the promulgation of law
including budget and financial affairs and the proposal of taking or
giving loan after discussion as a whole.
The Wolesi Jirga cannot delay the proposal more than one month.
The proposed draft of law is submitted to the Meshrano Jirga, after its approval by the Wolesi Jirga.
The Meshrano Jirga decides on the draft within a period of fifteen days
The
National Assembly shall give priority to the promulgation of laws,
treaties, and development plans of the government that require argent
consideration and decision as per the request of the government.
If
a proposal for promulgation of law is initiated by ten members of one
of the two Houses and then approved by one fifth members of the
respective houses, it can be admitted to the agenda of the respective
houses.

Article 98
The state budget and development plan of
the government is submitted through the Meshrano Jirga along with an
advisory comments to the Wolesi Jirga.
The decision of the Wolesi
Jirga, irrespective of the consent of the Meshrano Jirga, is
enforceable after it is signed by the President.
If for some reasons
the budget is not approved before the beginning of the new fiscal year,
the budget of the year before is applied until the approval of the new
budget.
The government is obligated to give to the Wolesi Jirga the
budget of the new fiscal year and a brief account of the current year's
budget within the forth quarter of the fiscal year.
The definite
account of the previous fiscal year shall be submitted by the
government to the Wolesi Jirga within six months of the new year, in
accordance with the provisions of law.
Wolesi Jirga cannot delay the
approval of the budget for more than one month or permission to give or
take loan for more than a 15 days.
If during this period Wolesi
Jirga does not take any decision with regards to taking or giving loan,
the proposal will be considered as approved.

Article 99
If,
during a session of the National Assembly, the annual budget or a
developmental plan or an issue related to public security, territorial
integrity, and the country's independence is under discussion, the
session of the assembly cannot end before the approval of the matter.

Article 100
In
case the decision of one house is rejected by another house, a combined
committee composed of equal members of each house is formed to resolve
the disagreement.
The decision of the committee is enforced after its approval by the President.
In
case the combined committee cannot solve the disagreement, the defeated
resolution is considered void. And, if the resolution is approved by
the Wolesi Jirga, it can be approved in the next session of the Wolesi
Jirga by the majority of its members.
This approval is assumed as enforceable, after it is signed by the President, without submission to the Meshrano Jirga.
In
case the disagreement between the two houses is over legislations
involving financial affairs, and the combined committee is not able to
resolve it, the Wolesi Jirga can approve the draft by the majority vote
of its members.
This draft is assumed as enforceable without submission to the Meshrano Jirga after it is signed by the President.

Article 101
No member of the National Assembly is legally prosecuted due to expressing his views while performing his duty.

Article 102
When
a member of the National Assembly is accused of a crime, the law
enforcement authority informs the house, of which the accused is
member, about the case, and the accused member can be prosecuted.
In
case of an evident crime, the law enforcement authority can legally
pursue and arrest the accused without the permission of the house,
which the accused is a member of.
In both cases, when legal
prosecution requires detention of the accused, law enforcement
authorities are obligated to inform the respective house, about the
case immediately.
If the accusation takes place when the assembly is
in recess, the permission of arrest is obtained from the administrative
board of the respective house and the decision of this board is
presented to the first session of the aforementioned house for a
decision.

Article 103
The ministers can participate in the sessions of each one of the two houses of the National Assembly.
Each house of the National Assembly can demand the participation of Ministers to take part in its session.

Article 104
Both houses of the National Assembly hold their sessions separately at the same time.
Under the following circumstances, both houses can hold joint sessions:
1.
When the legislative session, or the annual session is inaugurated by
the President. 2. When it is deemed necessary by the President.
In this case the head of the Wolesi Jirga, chairs the joint session of the National Assembly.

Article 105
The
sessions of the National Assembly are open unless the Chairman of the
assembly, or at least ten members of the National Assembly request
their secrecy and the assembly accepts this request.
No one shall enter the building of the National Assembly by force.

Article 106
The
quorum of the sessions of each house of the National Assembly for
voting is complete with the presence of the majority of the members,
and its decisions are taken with the majority of the members present,
unless this Constitution states otherwise.

Article 107
The National Assembly convenes two ordinary sessions each year.
The term of the National Assembly in each year is nine months.
When necessary, the assembly can extend this period.
Extraordinary sessions of the assembly during recess can take place by the order of the President.

Article 108
In
cases of death, resignation and dismissal of a member of the Wolesi
Jirga, and/or disability or handicap, which prevents performance of
duties permanently, election in the related constituency is held for a
new representative for the rest of the legislative period, in
accordance with the law.
In the above-mentioned situations, a new
member of the Meshrano Jirga shall be appointed in accordance with
Article 87 of this Constitution.
Matters involving the presence or absence of members of the National Assembly are regulated according to internal rules.

Article 109
Proposals
for amendments of the electoral law cannot be included in the working
agenda of the assembly during the last year of the legislative period.

Chapter Six Loya Jirga

Article 110
Loya Jirga is the highest manifestation of the people of Afghanistan.
Loya Jirga consists of the following:
1. Members of the National Assembly. 2. Chairpersons of the provincial and district councils.
The
ministers, Chief Justice and members of the Supreme Court, can
participate in the sessions of the Loya Jirga without the right to vote.

Article 111
Loya Jirga is convened in the following situations:
1.
To take decision on the issues related to independence, national
sovereignty, territorial integrity, and supreme interests of the
country. 2. To amend the provisions of this Constitution. 3. To
prosecute the President in accordance with the provisions of Article 69
of this Constitution.

Article 112
The Loya Jirga in its first
session elects from among its members a chairperson, a deputy-chair,
and a secretary and an assistant secretary.

Article 113
The quorum of the Loya Jirga for voting is completed by the majority of members.
The
decisions of the Loya Jirga are taken by a majority of the present
members except in cases as explicitly stated in this Constitution.

Article 114
Discussions
of the Loya Jirga are open except when one -fourth of its members
demand their secrecy, and the Loya Jirga accepts this demand.

Article 115
During the session of a Loya Jirga, the provision of Articles 101 and 102 of this Constitution are applied on its members.

Chapter Seven - The Judiciary

Article 116
The judicial branch is an independent organ of the state of the Islamic Republic of Afghanistan.
The
judicial branch consists of the Supreme Court (Stera Mahkama), High
Courts, Appeal Courts. Structure of authorities of which are determined
by law.
The Supreme Court as the highest judicial organ, heads the judiciary organ of the Islamic Republic of Afghanistan.

Article 117
The
Supreme Court is composed of nine members who are appointed by the
President for a period of ten years with the approval of the Wolesi
Jirga with observance of the provisions of last paragraph of the
Article 50 and article 118 of this Constitution.
The appointment of the members for the second term is not permissible.
The President appoints one of its members as the Head of the Supreme Court.
Members
in no way can be dismissed from their service until the end of their
term, except circumstances stated in Article 127 of this Constitution.

Article 118
A member of the Supreme Court should have the following qualifications:
1.
The age of the Head of the Supreme Court and its members should not be
lower than forty at the time of appointment. 2. Should be citizen of
Afghanistan. 3. Should have higher education in law or in Islamic
jurisprudence, and should have enough expertise and experience in the
judicial system of Afghanistan. 4. Should enjoy high ethics and
reputation of good deeds. 5. Should not have been convicted of crimes
against humanity, crimes, and sentenced of deprivation of his civil
rights by a court. 6. Should not be a member of any political party
during the term of official duty.

Article 119
Members of the Supreme Court take the following oath in the presence of the President before occupying the post:
"In the name Allah, the Merciful and the Compassionate
I
swear in the name of God Almighty to support justice and righteousness
in accord with the provisions of the sacred religion of Islam and the
provisions of this Constitution and other laws of Afghanistan, and to
execute the duty of being a judge with utmost honesty, righteousness
and nonpartisanship."

Article 120
The authority of the
judicial organ is to attend to all lawsuits in which real individuals
or incorporeal including the state stand before it as plaintiff or
defendant and in its presence is expressed in accord with provisions of
the law.

Article 121
The Supreme Court on only by request of
the Government and or the Courts can review the laws, legislative
decrees, international treaties, and international conventions, for
their compliance with the Constitution.
The Supreme Court shall have the authority of the interpretation of the Constitution, laws, and legislative decrees.

Article 122
No
law, under any circumstance, can transfer a case from the jurisdiction
of the judicial branch to another organ as has been determined in this
Constitution.
This provision does not apply to establishing special
Courts stated in Articles 69 and 78 and 127 of this Constitution and
military courts.
The structure and authority of these courts are regulated by law.

Article 123
With
observance of the provisions of this Constitution, the rules related to
the structure, authority, and performances of the courts and the duties
of judges are regulated by law.

Article 124
Other officials
and administrative personnel of the judicial branch are subject to the
provisions of the laws related to the officials and other
administrative personnel of the state, but their appointment,
dismissal, promotion, pension, rewards and punishments are regulated by
the Supreme Court in accordance with the law.

Article 125
The
budget of the judicial branch is arranged in consultation with the
government by the Supreme Court and presented to the National Assembly
by the government as part of the state budget.
Implementation of the budget of the judicial branch is the authority of the Supreme Court.

Article 126
Members
of the Supreme Court enjoy official financial benefits for the rest of
their lives provided they do not occupy state and political positions.

Article 127
When
more than one-third of the members of the Wolesi Jirga demand the trial
of the Chief Justice, or a member of the Supreme Court due to a crime
committed during the performance of duty, and the Wolesi Jirga approves
of this demand by a majority of two-thirds votes, the accused is
dismissed from his post and the case is referred to a special court.

The setting up of the court and the procedures of trial are regulated by law.

Article 128
In the courts of Afghanistan, trials are open and everyone is entitled to attend trials within the bounds of law.
The
court, in situations which are stated in the law or in situations in
which the secrecy of the trial is deemed necessary, can conduct the
trial behind closed doors, but the announcement of the court decision
should be open in all instances.

Article 129
The court is obliged to state the reasons for the decision it issues.
All
specific decisions of the courts are enforceable, except for capital
punishment, which is conditional upon approval of the President.

Article 130
While processing the cases, the courts apply the provisions of this Constitution and other laws.
When
there is no provision in the Constitution or other laws regarding
ruling on an issue, the courts' decisions shall be within the limits of
this Constitution in accord with the Hanafi jurisprudence and in a way
to serve justice in the best possible manner.

Article 131
Courts
will apply Shia school of law in cases dealing with personal matters
involving the followers of Shia Sect in accordance with the provisions
of law.
In other cases if no clarification by this constitution and
other laws exist and both sides of the case are followers of the Shia
Sect, courts will resolve the matter according to laws of this Sect.

Article 132
Judges are appointed with the recommendation of the Supreme Court and approval of the President.
The
appointment, transfer, promotion, punishment, and proposals to retire
judges are within the authority of the Supreme Court in accordance with
the law.
The Supreme Court shall establish the General
Administration Office of the Judicial Power for the purpose of better
arrangement of the administration and judicial affairs and insuring the
required improvements.

Article 133
When a judge is accused of
having committed a crime, the Supreme Court shall inquire about the
case involving the judge in accordance with the law.
After listening
to his defense, when the Supreme Court regards the accusation to be
valid, it shall present a proposal about the judge's dismissal to the
President.
After the Presidential approval, the accused judge is
dismissed from duty, and punished in accordance with the provisions of
the law.

Article 134
Discovery of crimes is the duty of the
police and investigation and prosecution are conducted by the
Attorney's Office in accordance with the provisions of the law.
The Attorney's Office is part the Executive branch, and is independent in its performances.
The structure, authority, and activities of the Attorney's Office are regulated by law.
Discovery and investigation of crimes related to the armed forces are regulated by a special law.

Article 135
If
parties involved in a case do not know the language in which the trial
is conducted, they have the right to understand the material and
documents related to the case through an interpreter and the right to
speak in their mother language in the court.

Chapter Nine
The State of Emergency

Article 143
If
due to war, threat of war, serious rebellion, natural disasters, or
situations similar to these protecting the independence or nation's
survival becomes impossible by following the provision of this
Constitution, the President in confirmation of National Assembly shall
declare a state of emergency in some or all parts of the country.
If the state of emergency continues for more than two months, the agreement of National Assembly is required for its extension.

Article 144
During
the state of emergency, the President, with the consultations of heads
of the National Assembly and Chief Justice can transfer some
authorities of the National Assembly to the government.

Article 145
During
the state of emergency, the President with the consent of the heads of
the National Assembly and the Supreme Court, can suspend the validity
of the following Articles or can place restrictions on them:
1. Paragraph two of Article 27 2. Article 36. 3. Paragraph two of Article 37. 4. Paragraph two of Article 38.

Article 146
During the state of emergency, the Constitution cannot be amended.

Article 147
If
the Presidential term of office, and or the legislative period expire
during a state of emergency, the new elections shall be postponed, and
the presidency, and the legislative period shall be extended for up to
four months.
If the state of emergency continues for more than four
months, a Loya Jirga shall be called by the President for further
decisions.
Following the termination of state of emergency, election would be held within two months

Article 148
After
the end of the state of emergency, the measures adopted on the basis of
Articles 144 and 145 of this Constitution shall be considered invalid
immediately.

Chapter Ten
Amendments

Article 149
The provisions of adherence to the fundamentals of the sacred religion of Islam and the republican regime cannot be amended.
The amendment of the fundamental rights of the people are permitted only in order to make them more effective
Considering
new experiences and requirements of the time, other contents of this
Constitution can be amended by the proposal of the President or by the
majority of the National Assembly in accordance with the provisions of
Article 67, and 146 of this constitution.

Article 150
In
order to implement proposals regarding amending the Constitution, a
commission composed of members of the government, National Assembly,
and the Supreme Court, would be established by a Presidential decree,
and the commission shall prepare a draft of the amendments.
For
approval of the amendments, a Loya Jirga shall be convened by the
decree of the President in accordance with the provisions of the
Chapter on the Loy Jirga.
When the Loya Jirga approves an amendment
by a majority of two-thirds of its members, it shall be enforced after
endorsement by the President.

Chapter Eleven
The Miscellaneous Provisions

Article 151
The
President, Vice President, Ministers, Head and members of the Supreme
Court, cannot engage in any profitable business contracts with the
government or individuals during their term of office.
Contracts for the purpose of fulfilling personal needs are exception to this provision.

Article 152
The
President, Vice President, ministers, heads and members of the National
Assembly, the Supreme Court, and judges, cannot undertake other jobs
during their terms of office.

Article 153
Judges, Attorneys,
and Officers of the Armed Forces and Police, and members of the
National Security, cannot be members of political parties during their
terms of office.

Article 154
Property of the President, Vice
President, and ministers and members of the Supreme Court before and
after their term of office would be registered and monitored by an
organ to be set by law.

Article 155
For the ministers,
members of the National Assembly, the Supreme Court, and judges,
appropriate salaries shall be paid in accordance with the provisions of
law.

Chapter Twelve
The Transitional Provisions

Article 156
The
Title of the Father of the Nation and the privileges granted by the
Emergency Loya Jirga of 1381 (2002) to His Majesty Mohammad Zahir
Former King of Afghanistan are preserved for him during his lifetime,
in accordance with the provisions of this constitution.

Article 157
The
period, following the adoption of this Constitution, until the date of
inauguration of the National Assembly, is deemed as transitional period.
During the transitional period, the Islamic Transitional State of Afghanistan would carry the following tasks:
1.
Issue decrees related to the elections of the President, National
Assembly and local councils within six months. 2. Issue decrees
regarding the structure and authorities of the courts and basic
administration structures within one year. 3. Establish an Independent
Electoral Commission for Supervising Elections. 4. Take necessary
measures for reform of executive and judicial affairs 5. Adopt
necessary y measures for preparing the ground for enforcement of the
provisions of this Constitution.

Article 158
The first
President elected, takes up his duties after thirty days after the
result of his election has been proclaimed, in accordance with this
constitution.

Article 159
Elections of the National Assembly
will be held within one year of the Presidential elections. The powers
of the National Assembly under this constitution until the
establishment of the National Assembly is transferred to the Government
and the Supreme Court is formed by the decree of the President.
The
Government and the Supreme Court shall be established within thirty
days after the first session of the Wolesi Jirga is taken place.

The
President of the Transitional Islamic State of Afghanistan shall
continue his duties until the elected President has taken has taken the
office.
The executive and judicial organs of the state in accordance
with provisions of paragraph 3 of article 157 of this constitution
shall continue their duties, until the formation of the Government and
the Supreme Court.
The decrees enforced from the beginning of the
interim period, shall be submitted to the first session of the National
Assembly. These decrees are enforceable until they are annulled by the
National Assembly.

Article 160
This constitution is enforced
upon its approval by the Loya Jirga, and will be signed and announced
by the President of the Transitional Islamic State of Afghanistan.
Upon the enforcement of it, laws and decrees contrary to the provisions of this constitution are invalid

Last Updated on Thursday, 26 August 2010 21:25
 

Newsflash

Joomla! 1.5 - 'Experience the Freedom'!. It has never been easier to create your own dynamic Web site. Manage all your content from the best CMS admin interface and in virtually any language you speak.
Template name : M.E / Template designed by M.eslami July 2010
كليه منابع اين سايت متعلق به موسسه جامعة المصطفي مي باشد و هر گونه كپي بدون ذكر منبع غير مجاز مي باشد