In the Name of God, the Merciful, the Compassionate
Contents
Preamble
Chapter one The State (21 Articles)
Chapter two The Fundamental Rights and Duties of
Citizens (37 Articles)
Chapter three The President (11 Articles)
Chapter four The Government (10 Articles)
Chapter five The National Assembly (29 Articles)
Chapter six The Loya Jirga (6 Articles)
Chapter seven The Judiciary (20 Articles)
Chapter eight The Administrative Division (7 Articles)
Chapter nine The State of Emergency (6 Articles)
Chapter ten Amendments (2 Articles)
Chapter eleven The Miscellaneous Provisions (5 Articles)
Chapter twelve The Transitional Provisions (4 Articles)
In the name of God, the Merciful, the Compassionate
Preamble
We the people of Afghanistan:
1. With firm faith in God Almighty and relying on His 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 One Ch. 1. Art. 1
Afghanistan is an Islamic Republic, independent, unitary and
indivisible state.
Article Two Ch. 1, Art. 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 Three Ch. 1, Art. 3
In Afghanistan, no law can be contrary to the sacred religion
of Islam and the values of this Constitution.
Article Four Ch. 1, Art. 4
National sovereignty in Afghanistan belongs to the nation that
exercises it directly or through its representatives.
The nation of Afghanistan consists of all individuals who are
the citizen of Afghanistan.
The 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 Five Ch. 1, Art. 5
Implementation of the provisions of this constitution and
other laws, defending independence, national sovereignty,
territorial integrity, and ensuring the security and defense
capability of the country, are the basic duties of the state.
Article Six Ch. 1, Art. 6
The state is obliged to create a prosperous and progressive
society based on social justice, protection of human dignity,
protection of human rights, realization of democracy, and to
ensure national unity and equality among all ethnic groups and
tribes and to provide for balanced development in all areas of
the country.
Article Seven Ch. 1, Art. 7
The state shall abide by the UN charter, international
treaties, international conventions that Afghanistan has
signed, and the Universal Declaration of Human Rights.
The state prevents all types of terrorist activities ,
production and smuggling of narcotics.
Article Eight Ch. 1, Art. 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 Nine Ch. 1, Art. 9
Mines, underground resources are properties of the state.
Protection, use, management, and mode of utilization of the
public properties shall be regulated by law.
Article Ten Ch. 1, Art. 10
The State encourages and protects private capital investments
and enterprises based on the market economy and guarantees
their protection in accordance with the provisions of law.
Article Eleven Ch. 1, Art. 11
Affairs related to the domestic and external trade shall be
regulated by law in accordance with the needs of the national
economy and public interests.
Article Twelve Ch. 1, Art. 12
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 Thirteen Ch. 1, Art. 13
The state shall formulate and implement effective programs for
development of industries, growth of production, increasing of
public living standards, and support to craftsmanship.
Article Fourteen Ch. 1, Art. 14
The state shall design and implement within its financial
resources effective programs for development of agriculture
and animal husbandry, improving the economic, social and
living conditions of farmers, herders, settlement and living
conditions of nomads.
The state adopts necessary measures for housing and
distribution of public estates to deserving citizens in
accordance within its financial resources and the law.
Article Fifteen Ch.1. Art. 15
The 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 Sixteen Ch. 1, Art. 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 Seventeen Ch. 1, Art. 17
The state shall adopt necessary measures for promotion of
education in all levels, development of religious education,
organizing and improving the conditions of mosques, madrasas
and religious centers.
Article Eighteen Ch. 1, Art. 18
The calendar of the country shall be based on the pilgrimage
of the Prophet (PBUH).
The basis of work for state offices is the solar calendar.
Friday is a public holiday.
Article Nineteen Ch. 1, Art. 19
The Afghan flag is made up of three equal parts, with black,
red and green colors juxtaposed from left to right
perpendicularly.
The width of every colored piece is equal to half of its
length. The national insignia is located in the center of the
flag.
The national insignia of the state of Afghanistan is composed
of Mehrab and pulpit in white color.
Two flags are located on its two sides. In the upper-middle
part of the insignia the sacred phrase of “There is no God but
Allah and Mohammad is his prophet, and Allah is Great” is
placed, along with a rising sun. The word “Afghanistan” and
year 1298 (solar calendar) is located in the lower part of the
insignia. The insignia is encircled with two branches of
wheat.
The law shall regulate the use of national flag and emblem.
Article Twenty Ch.1. Art. 20
The National Anthem of Afghanistan shall be in Pashtu.
Article Twenty-One Ch. 1, Art. 21
The capital of Afghanistan is the city of Kabul.
Chapter Two
Fundamental Rights and Duties of Citizens
Article Twenty-tow Ch. 2, Art. 1
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 Twenty-Three Ch. 2, Art. 2
Life is a gift of God and a natural right of human beings. No
one shall be deprived of this right except by the provision of
law.
Article Twenty-Four Ch. 2, Art. 3
Liberty is the natural right of human beings. This right has
no limits unless affecting the rights of others or public
interests, which are regulated by law.
Liberty and dignity of human beings are inviolable.
The state has the duty to respect and protect the liberty and
dignity of human beings.
Article Twenty-Five Ch. 2, Art. 4
Innocence is the original state.
An accused is considered innocent until convicted by a final
decision of an authorized court.
Article Twenty-Six Ch.2. Art. 5
Crime is a personal action.
The prosecution, arrest, and detention of an accused and the
execution of penalty can not affect another person.
Article Twenty-Seven Ch. 2, Art. 6
No act is considered a crime, unless determined by a law
adopted prior to the date the offense is committed.
No person can be pursued, arrested or detained but in
accordance with provisions of law.
No person can be punished but in accordance with the decision
of an authorized court and in conformity with the law adopted
before the date of offense.
Article Twenty-Eight Ch. 2, Art. 7
No citizen of Afghanistan accused of a crime can be extradited
to a foreign state unless according mutual agreement and
international conventions that Afghanistan has joined.
No Afghan would be sentenced to deprivation of citizenship or
to exile inside the country or abroad.
Article Twenty-Nine Ch. 2, Art. 8
Torture of human beings is prohibited.
No person, even with the intention of discovering the truth,
can resort to torture or order the torture of another person
who may be under prosecution, arrest, or imprisoned, or
convicted to punishment.
Punishment contrary to human integrity is prohibited.
Article Thirty Ch. 2, Art. 9
Any statement, testimony, or confession obtained from an
accused or of another person by means of compulsion, are
invalid.
Confession to a crime is: a voluntary confession before an
authorized court by an accused in a sound state of mind.
Article Thirty-One Ch. 2, Art. 10
Every person upon arrest can seek an advocate to defend his
rights or to defend his case for which he is accused under the
law.
The accused upon arrest has the right to be informed of the
attributed accusation and to be summoned to the court within
the limits determined by law.
In criminal cases, the state shall appoint an advocate for a
destitute.
The duties and authorities of advocates shall be regulated by
law.
Article Thirty- Two Ch. 2, Art. 11
Being in debt does not limit a person’s freedom or deprive him
of his liberties.
The mode and means of recovering a debt shall be regulated by
law.
Article Thirty-Three Ch. 2, Art. 12
The citizens of Afghanistan have the right to elect and be
elected.
Law regulates the conditions and means to exercise this
right.
Article Thirty- Four Ch. 2, Art. 13
Freedom of expression is inviolable.
Every Afghan has the right to express his thought through
speech, writing, or illustration or other means, by observing
the provisions stated in this Constitution.
Every Afghan has the right to print or publish topics without
prior submission to the state authorities in accordance with
the law.
Directives related to printing house, radio, television,
press, and other mass media, will be regulated by the law.
Article Thirty-Five Ch. 2, Art. 14
The citizens of Afghanistan have the right to form social
organizations for the purpose of securing material or
spiritual aims in accordance with the provisions of the law.
The citizens of Afghanistan have the right to form political
parties in accordance with the provisions of the law, provided
that:
The program and charter of the party are not contrary to the
principles of sacred religion of Islam, and the provisions and
values of this Constitution.
The organizational structure and financial sources of the
party are made public.
The party does not have military or paramilitary aims and
structures.
Should have no affiliation to a foreign political party or
sources
Formation and functioning of a party based on ethnicity,
language, 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 Thirty-Six Ch. 2, Art. 15
The citizens of Afghanistan have the right to un-armed
demonstrations, for legitimate peaceful purposes.
Article Thirty-Seven Ch. 2, Art. 16
Confidentiality and freedom of correspondence and
communication whether in the form of letters or through
telephone, telegraph and other means, are immune from
invasion.
The state does not have the right to inspect personal
correspondence and communication unless authorized by the
provisions of law.
Article Thirty-Eight Ch. 2, Art. 17
A person’s residence is immune from invasion.
Other than the situations and methods indicated in the law, no
one, including the state, are allowed to enter or inspect a
private residence without prior permission of the resident or
holding a court order.
In case of an evident crime, an official in-charge of the
situation can enter or conduct a house search prior to the
permission of the court.
The official involved in the situation is required to obtain a
subsequent court order for the house search within the period
indicated by law.
Article Thirty-Nine Ch. 2, Article 18
Every Afghan has the right to travel or settle in any part of
the country except in the regions forbidden by law.
Every Afghan has the right to travel abroad and return home in
accordance with the provisions of law.
The state shall protect the rights of the citizens of
Afghanistan abroad.
Article Forty Ch. 2, Art. 19
Property is immune from invasion.
No person shall be forbidden from acquiring and making use of
a property except within the limits of law.
No body’s property shall be confiscated without the provisions
of law and the order of an authorized court.
Acquisition of a person’s property, in return for a prior and
just compensation within the bounds of law, is permitted only
for securing public interests in accordance with the
provisions of law.
Inspection and disclosure of a private property are carried
out only in accordance with the provisions of law.
Article Forty-one Ch. 2, Art. 20
Foreign individuals do not have the right to own immovable
property in Afghanistan.
Lease of immovable property for the purpose of investment is
permissible in accord with law.
The sale of estates to diplomatic missions of foreign
countries and to those international agencies, of which
Afghanistan is a member, is permissible in accordance with the
provisions of law.
Article Forty-Two Ch. 2, Art. 21
Every Afghan is obligated to pay taxes and duties to the
government in accordance with the provisions of law.
No taxes and duties are enforced without provisions of law.
The rate of taxes and duties and the method of payment are
determined by law on the basis of observing social justice.
This provision is also applied to foreign individuals and
agencies.
Every kind of tax, duties, and incomes collected, shall be
delivered to the State account.
Article Forty-Three Ch. 2, Art. 22
Education is the right of all citizens of Afghanistan, which
shall be provided up to 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 Forty-Four Ch. 2, Art. 23
The state shall devise and implement effective programs for
balancing and promoting of education for women, improving of
education of nomads and elimination of illiteracy in the
country.
Article Forty-Five
The state shall devise and implement a unified educational
curriculum based on the provisions of the sacred religion of
Islam, national culture, and in accordance with academic
principles, and develops the curriculum of religious subjects
on the basis of the Islamic sects existing in Afghanistan.
Article Forty-Six Ch.2, Art. 24
Establishing and operating of higher, general and vocational
education are the duties of the state.
The citizens of Afghanistan also can establish higher,
general, and vocational private educational institutions and
literacy courses with the permission of the state.
The state can also permit foreign persons to set up higher,
general and vocational educational private institutes in
accordance with the law.
The conditions for admission to state higher education
institutions and other related matters to be regulated by the
law
Article Forty-Seven Ch. 2, Art. 25
The state shall devise effective programs for the promotion of
science, culture, literature and the arts.
The state guarantees the rights of authors, inventors, and
discoverers, and encourages and supports scientific researches
in all areas, and publicizes the effective use of their
results in accordance with the law.
Article Forty-Eight Ch. 2, Art. 26
Work is the right of every Afghan.
Working hours, paid holidays, right of employment and
employee, and other related affairs are regulated by law.
Choice of occupation and craft is free within the limits of
law.
Article Forty-Nine Ch. 2, Art. 27
Forced labor is forbidden.
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 Fifty Ch. 2. Art. 28
The state is obliged to adopt necessary measures for creation
of a strong and sound administration and realization of
reforms in the administration system of the country.
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 Fifty-one Ch. 2, Art. 29
Any person suffering undue harm by government action is
entitled to compensation, which he can claim by appealing to
court.
With the exception of situation stated in the law, the state
cannot claim its right without the order of an authorized
court.
Article Fifty-two Ch. 2, Art. 30
The state is obliged to provide 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 Fifty- Three Ch. 2. Art. 31
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 Fifty- Four Ch.2, Art. 32
Family is a fundamental unit of society and is supported by
the state.
The state adopts necessary measures to ensure physical and
psychological well being of family, especially of child and
mother, upbringing of children and the elimination of
traditions contrary to the principles of sacred religion of
Islam.
Article Fifty-Five Ch. 2, Art. 33
The defense of the country is the responsibility of all
citizens of Afghanistan.
The conditions for military services are regulated by law.
Article Fifty-Six Ch. 2, Art. 34
Observing the provisions of the Constitution, obeying the
laws, adhering to public law and order are the duties of all
people of Afghanistan.
Ignorance about the provisions of law is not considered an
excuse.
Article Fifty-Seven Ch. 2. Art. 35
The state guarantees the rights and liberties of the foreign
citizens residing in Afghanistan in accordance with the law.
Theses people are obliged to observe the laws of the state of
Afghanistan in accordance with the International Law.
Article Fifty-Eight. Ch. 2. Art. 36
The State, for the purpose of monitoring, 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 Fifty-Nine Ch. 2. Art. 37
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 Sixty Ch. 3, Art. 1
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 Sixty-One Ch. 3, Art. 2
The President is elected by receiving more than 50% of the
votes cast through free, general, secret, and direct voting.
The presidential term is expired at the first of (Jawza) (May
21) 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 Sixty-Two Ch. 3, Art. 3
Presidential candidates should posses the following
qualifications:
Should be citizen of Afghanistan, Muslim and born of Afghan
parents, and should not have citizenship of another country.
On the day of becoming a candidate, his age should not be less
than forty years.
Should not have been convicted of crimes against humanity,
criminal act, or deprivation of the civil rights by a court.
No one can be elected as president for more than two terms.
The provision of this article is applied to the Vice President
as well.
Article Sixty-three Ch. 3, Art. 4
The President-elect, prior to resumption of his/her duties,
performs the following oath of allegiance in the presence of
members of the National Assembly and the chief justice:
“In the name Allah, the Merciful, the Compassionate
In the name 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 Sixty-Four Ch. 3, Art. 5
The power and duties of the President are as follows:
Supervising the implementation of the Constitution.
Determining the fundamental policies of the state.
Being the Command-in-Chief of the armed forces of Afghanistan.
Declaration of war and ceasefire with the approval of the
National Assembly.
Taking the required decision during defending of territorial
integrity and protecting of the independence.
Sending contingents of the armed forces to foreign countries
with the approval of the National Assembly.
Convening Loya Jirga except in a situation stated in Article
Sixty-eight f this Constitution.
Declaring the state of emergency and ending it with the
approval of the National Assembly.
Inaugurating the National Assembly and the Loya Jirga.
Accepting resignation of the Vice President.
Appointing of Ministers and the Attorney General with the
approval of the Wolesi Jirga (the House of People) , and
acceptance of their dismissal and resignation.
Appointing the head and members of the Supreme Court with the
approval of the Wolesi Jirga (the House of People) .
Appointment, retirement and acceptance of resignation and
dismissal of judges, officers of the armed forces, police,
national security, and high-ranking officials in accordance
with the law.
Appointment of heads of diplomatic missions of Afghanistan in
foreign countries and international organizations.
Accepting the credentials of diplomatic missions in
Afghanistan.
Signing of laws and legislative decrees.
Issuing credential letter for the conclusion of bi-lateral and
international treaties in accordance with the provisions of
law.
Reducing and pardoning penalties in accordance with law.
Issuing medals, and honorary titles in accordance with the
provision of law.
Appointment of the Governor of De Afghanistan Central Bank
with the approval of the Wolesi Jirga (the House of People) .
The establishment of commissions for the improvement of the
administrative condition of the country, in accordance with
law.
Exercising other authorities in accordance with the provisions
of this Constitution.
Article Sixty-Five Ch. 3, Art. 6
The President can call for a referendum on important national,
political, social or economic issues.
Call for referendum shall not be contrary to the provisions of
this constitution or for the amendment of it.
Article Sixty-Six Ch. 3, Art. 7
The President takes into consideration the supreme interests
of the people of Afghanistan while enforcing the powers stated
in this Constitution.
The President cannot sell or bestow state properties without
the provisions of the law.
The President cannot act based on linguistic, ethnic,
religious, political, and regional considerations during his
term in office.
Article Sixty-Seven Ch. 3, Art. 8
In case of resignation, impeachment, or death of the
President, or of a serious illness that could hinder the
performance of duties, the 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:
Amendment of the constitution
Dismissal of ministers.
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 Sixty-Eight Ch. 3, Art. 10
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 (the House of
People) .
In case of simultaneously death of the President and Vice
President, his duties shall be implemented by the Chair of the
Meshrano Jirga (House of Elders) and in the absence of the
chair of the Meshrano Jirga (House of Elders), Chair of the
Wolesi Jirga (the House of People) , and in the absence of the
Chair of the Wolesi Jirga (the House of People) , the Foreign
Minister shall take the duties of the President in accordance
with the article 67 of this constitution.
Article Sixty-Nine Ch 3, Art 11
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 (the House of People) .
If two third of the Wolesi Jirga (the House of People) votes
for charges to be brought forth, the Wolesi Jirga (the House
of People) 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 (the House of People) , and three members of the Supreme
Court appointed by the Loya Jirga and the Chair of the
Meshrano Jirga (House of Elders).
The lawsuit is conducted by a person appointed by the Loya
Jirga.
In this situation, the provisions of Article 67 of this
Constitution are applied.
Article Seventy Ch. 3. Art. 12
The salary and expenditures of the President are regulated by
law.
After expiration of his term, the President is entitled to
financial benefits of the presidency for the rest of his life
in accordance with the law except in the case of dismissal.
Chapter Four
The Government
Article Seventy one Ch. 4, Art. 1
The government consists of the ministers who work under the
Chairmanship of the President.
Ministers are appointed by the President and shall be
introduced for approval to the National Assembly.
Article Seventy-two Ch. 4, Art. 2
The person who is appointed as the Minister, should have the
following qualifications:
Should be the citizen of Afghanistan.
Should have higher education, work experience and, good
reputation.
His age should not be less than thirty-five.
Should not have been convicted of crimes against humanity,
criminal act, or deprivation of the civil rights by a court.
Article Seventy-three Ch. 4. Art. 3
The Ministers can be appointed from within and without the
National Assembly.
If a member of the National Assembly is appointed as a
minister, he loses his membership in the National Assembly,
and is replaced by another person in accordance with the
provisions of law.
Article Seventy-four Ch. 4. Art. 4
Prior to taking office, the ministers perform the following
oath in the presence of the President:
In the name of Allah, the merciful and compassionate:
“ I swear in the name of God Almighty to support the
provisions of the sacred religion of Islam, follow the
Constitution and other laws of Afghanistan, protect the rights
of citizens, and safeguard the independence, territorial
integrity and national unity of Afghanistan, and consider God
Almighty present in performing all my responsibilities, and
honestly perform the duties assigned to me.”
Article Seventy-five Ch. 4. Art. 5
The government has the following duties.
Execute the provision of this Constitution, other laws, and
final orders of the courts.
Protect the independence, defend the territorial integrity,
and safeguard the interests and dignity of Afghanistan in the
international community.
Maintenance of public law and order and elimination of
administrative corruption.
Prepare the budget, regulate financial affairs, and protect
public wealth.
Devise and implement programs for social, cultural, economic,
and technological progress.
Report to the National Assembly at the end of the fiscal year
about the tasks accomplished and about the main plans for the
new fiscal year.
Perform other duties as recognized by this Constitution and
other laws to be duties of the government.
Article Seventy-six Ch. 4, Art.6
In order to implement the main policies of the country, and
regulation of its duties, the government shall devise and
approve regulations.
These regulations should not be contradictory to the text and
spirit of any law.
Article Seventy- seven Ch. 4, Art. 7
As heads of administrative units and members of the
government, the ministers perform their duties within the
limits determined by this Constitution and other laws.
The Ministers are responsible to the President and the Wolesi
Jirga (the House of People) for their particular duties.
Article Seventy-eight Ch. 4. Art. 8
If a Minister is accused of crime against humanity, national
treason or criminal act of a crime, the case shall be referred
to a special court in accordance with the article 134 of this
constitution.
Article Seventy-nine Ch. 4, Art. 9
In cases of recess of the Wolesi Jirga (the House of People) ,
the government can adopt legislation in an emergency situation
on matters other than those related to budget and financial
affairs.
The legislative decrees become laws after they are signed by
the President.
The legislative decrees should be submitted to the National
Assembly in the course of thirty days beginning from the first
session of the National Assembly.
In case of rejection by the National Assembly, the
legislations become void.
Article Eighty Ch. 4, Art. 10
The Minister during the course of their work cannot use their
posts for linguistic, regional, ethnic, religion and partisan
purposes.
Chapter Five
The National Assembly
Article Eighty one Ch. 5. Art. 1
The National Assembly of the Islamic Republic of Afghanistan
as the highest legislative organ is the manifestation of the
will of its people and represents the whole nation.
Every member of the National Assembly takes into judgment the
general welfare and supreme interests of all people of
Afghanistan at the time of casting their vote.
Article Eighty-two Ch. 5, Art. 2
The National Assembly consists of two houses: Wolesi Jirga
(the House of People) and Meshrano Jirga (House of Elders).
No one can become member of both houses simultaneously.
Article Eighty-three Ch. 5, Art. 3
Members of the Wolesi Jirga (the House of People) are elected
by the people through free, general, secret, and direct
elections.
Their mandate ends on the (1st of Saratan) (June 21) of the
fifth year after the elections, and the new assembly starts
its work.
The election of the members of the Wolesi Jirga (the House of
People) shall be held within 30 to 60 days before the expiry
of the term of the Wolesi Jirga (the House of People).
The number of members of the Wolesi Jirga (the House of
People), 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 Eighty-four Ch. 5, Art. 4
Members of the Meshrano Jirga (House of Elders) are elected
and appointed as follows:
From among the members of each provincial council, the
respective council elects one person for a period of four
years.
From among the district councils of each province, the
respective councils elect one person for a period of three
years.
The President from among experts and experienced personalities
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
(House of Elders), shall relinquish his membership in the
respective council, and another person replaces him in
accordance with the law.
Article Eighty-five Ch. 5, Art. 5
A person who is nominated or appointed as a member of the
National Assembly should have the following qualifications in
addition to those considered by voters.
Should be the citizen of Afghanistan, or has obtained the
citizenship of the state of Afghanistan at least ten years
before becoming a candidate.
Should not have been convicted by a court for committing a
crime against humanity, a crime, or sentenced of deprivation
of his civil rights.
Members of Wolesi Jirga (the House of People) should be Twenty
Five years old at the date of candidacy, and members of the
Meshrano Jirga (House of Elders) should be Thirty Five years
old at the date of candidacy or appointment.
Article Eighty-six Ch. 5, Art. 6
Credentials of members of the National Assembly are reviewed
by independent commission for supervision of the elections in
accordance with law.
Article Eighty-seven Ch. 5. Art.7
In the beginning of the legislative period, each one of the
two houses elects one of its members as the Chairperson, and
two people as the first and second Vice Chairperson, and two
people as the secretary and assistant secretary for a period
of one year.
These individuals constitute the administrative board in their
respective houses.
The duties of the administrative boards are determined in the
regulations pertaining to the internal duties of each house.
Article Eighty-eight Ch. 5. Art. 8
Each house of the National Assembly sets up commissions to
study the topics under discussion in accordance with its
internal regulations.
Article Eighty-nine Ch. 5, Art. 9
The Wolesi Jirga (the House of People) 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 (the House of
People).
Article Ninety Ch. 5, Art. 10
The National Assembly has the following authorities:
Ratification, modification, or abrogation of laws and or
legislative decrees.
Approval of plans for economic, social, cultural, and
technological development.
Approval of state budget, permission for obtaining, and
granting loans.
Creation, modification of administrative units.
Ratification of international treaties and agreements, or
abrogation of the membership of Afghanistan to them.
Other authorities specified in this Constitution.
Article Ninety-one Ch. 5, Art. 11
Wolesi Jirga (the House of People) has the following special
authorities:
Deciding on interpellation of each of the ministers in
accordance with the provisions of article 92 of this
constitution.
Taking the final decision about the state’s development
programs and state budget, in case of a disagreement between
the Wolesi Jirga (the House of People) and the Meshrano Jirga
(House of Elders).
Approval of the appointments according to the provisions of
this constitution.
Article Ninety- two Ch. 5, Art. 12
Wolesi Jirga (the House of People), 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 (the
House of People) 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 (the House of People).
Article Ninety-three Ch. 5. Art. 13
Any commission of both Houses of the National Assembly can
question each of the Ministers about specific topics.
The person questioned can provide verbal or written response.
Article Ninety-four Ch. 5. Art. 14
Law is what both Houses of the National Assembly approve and
the President endorses unless this Constitution states
otherwise.
In case the President does not agree to what the National
Assembly approves, he can send the document back with
justifiable reasons to the Wolesi Jirga (the House of People)
within fifteen days of its submission.
With the passage of this period or in case the Wolesi Jirga
(the House of People) approves a particular case again with a
majority of two-thirds votes, the bill is considered endorsed
and enforced.
Article Ninety-five Ch. 5. Art. 15
Proposal for the promulgation of a law can be initiated by the
government, or members of the National Assembly, and in the
domain of regulating the judicial affairs through the Supreme
Court by the government.
Article Ninety-six Ch. 5 Art. 16
Proposal for budget and financial affairs are initiated only
by the government.
Article Ninety-seven Ch. 5, Art. 17
Proposals for promulgation of law initiated by the government
are submitted first to the Wolesi Jirga (the House of People).
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 (the House of People) 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 (the House of People) cannot delay the
proposal more than one month.
The proposed draft of law is submitted to the Meshrano Jirga
(House of Elders), after its approval by the Wolesi Jirga (the
House of People).
The Meshrano Jirga (House of Elders) 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 requires argent consideration and decision as per the
request of the government.
If a proposal for promulgation of law is initiated by ten
members of one of the two Houses and then approved by one
fifth members of the respective houses, it can be admitted to
the agenda of the respective houses.
Article Ninety-eight Ch. 5, Art. 18
The state budget and development plan of the government is
submitted through the Meshrano Jirga (House of Elders) along
with an advisory comment to the Wolesi Jirga (the House of
People).
The decision of the Wolesi Jirga (the House of People) ,
irrespective of the consent of the Meshrano Jirga (House of
Elders), 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
House of People) 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 (the House of
People) within six months of the new year, in accordance with
the provisions of law
Wolesi Jirga (the House of People) 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 (the House of People) does
not take any decision with regards to taking or giving loan,
the proposal will be considered as approved.
Article Ninety-nine Ch. 5, Art. 19
If, during a session of the National Assembly, the annual
budget or a developmental plan or an issue related to public
security, territorial integrity, and the country’s
independence is under discussion, the session of the assembly
cannot end before the approval of the matter.
Article One hundred Ch. 5, Art. 20
In case the decision of one house is rejected by another
house, a combined committee composed of equal members of each
house is formed to resolve the disagreement.
The decision of the committee is enforced after its approval
by the President.
In case the combined committee cannot solve the disagreement,
the defeated resolution is considered void. And, if the
resolution is approved by the Wolesi Jirga (the House of
People) , it can be approved in the next session of the Wolesi
Jirga (the House of People) 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 (House
of Elders).
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 (the
House of People) can approve the draft by the majority vote of
its members.
This draft is assumed as enforceable without submission to the
Meshrano Jirga (House of Elders) after it is signed by the
President.
Article One hundred-one Ch. 5, Art. 21
No member of the National Assembly is legally prosecuted due
to expressing his views while performing his duty.
Article One hundred-two Ch. 5, Art. 22
When a member of the National Assembly is accused of a crime,
the law enforcement authority informs the house, of which the
accused is member, about the case, and the accused member can
be prosecuted.
In case of an evident crime, the law enforcement authority can
legally pursue and arrest the accused without the permission
of the house, which the accused is a member of.
In both cases, when legal prosecution requires detention of
the accused, law enforcement authorities are obligated to
inform the respective house, about the case immediately.
If the accusation takes place when the assembly is in recess,
the permission of arrest is obtained from the administrative
board of the respective house and the decision of this board
is presented to the first session of the aforementioned house
for a decision.
Article One Hundred three Ch. 5, Art. 23
The ministers can participate in the sessions of each one of
the two houses of the National Assembly.
Each house of the National Assembly can demand the
participation of Ministers to take part in its session.
Article One Hundred and four Ch. 5, Art. 24
Both houses of the National Assembly hold their sessions
separately at the same time.
Under the following circumstances, both houses can hold joint
sessions:
When the legislative session, or the annual session is
inaugurated by the President.
When it is deemed necessary by the President.
In this case the head of the Wolesi Jirga (the House of
People) , chairs the joint session of the National Assembly.
Article One Hundred and five Ch. 5, Art. 25
The sessions of the National Assembly are open unless the
Chairman of the assembly, or at least ten members of the
National Assembly request their secrecy and the assembly
accepts this request.
No one shall enter the building of the National Assembly by
force.
Article One Hundred and six Ch. 5, Art. 26
The quorum of the sessions of each house of the National
Assembly for voting is complete with the presence of the
majority of the members, and its decisions are taken with the
majority of the members present, unless this Constitution
states otherwise.
Article One Hundred and seven Ch. 5, Art. 27
The National Assembly convenes two ordinary sessions each
year.
The term of the National Assembly in each year is nine
months.
When necessary, the assembly can extend this period.
Extraordinary sessions of the assembly during recess can take
place by the order of the President.
Article One Hundred and eight Ch. 5, Art. 28
In cases of death, resignation and dismissal of a member of
the Wolesi Jirga (the House of People), 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 (House of Elders) shall be appointed in
accordance with Article 87 of this Constitution.
Matters involving the presence or absence of members of the
National Assembly are regulated according to internal rules.
Article One Hundred and nine Ch. 5, Art. 29
Proposals for amendments of the electoral law cannot be
included in the working agenda of the assembly during the last
year of the legislative period.
Chapter Six
Loya Jirga
Article One Hundred and ten Ch. 6. Art. 1
Loya Jirga is the highest manifestation of the people of
Afghanistan.
Loya Jirga consists of the following:
Members of the National Assembly.
Chairpersons of the provincial and district councils.
The ministers, Chief Justice and members of the Supreme Court,
can participate in the sessions of the Loya Jirga without the
right to vote.
Article One Hundred and eleven Ch. 6. Art. 2
Loya Jirga is convened in the following situations:
To take decision on the issues related to independence,
national sovereignty, territorial integrity, and supreme
interests of the country.
To amend the provisions of this Constitution.
To prosecute the President in accordance with the provisions
of Article 69 of this Constitution.
Article One Hundred and twelve Ch. 6. Art. 3
The Loya Jirga in its first session elects from among its
members a chairperson, a deputy-chair, and a secretary and an
assistant secretary.
Article One Hundred and thirteen Ch. 6. Art. 4
The quorum of the Loya Jirga for voting is completed by the
majority of members.
The decisions of the Loya Jirga are taken by a majority of the
present members except in cases as explicitly stated in this
Constitution.
Article One Hundred and fourteen Ch. 6. Art.56
Discussions of the Loya Jirga are open except when one –fourth
of its members demand their secrecy, and the Loya Jirga
accepts this demand.
Article One Hundred and fifteen Ch. 6. Art. 7
During the session of a Loya Jirga, the provision of Articles
101 and 102 of this Constitution are applied on its members.
Chapter Seven
The Judiciary
Article One Hundred and sixteen Ch. 7. Art. 1
The judicial branch is an independent organ of the state of
the Islamic Republic of Afghanistan.
The judicial branch consists of the Supreme Court (Stera
Mahkama), High Courts, Appeal Courts. Structure of authorities
of which are determined by law.
The Supreme Court as the highest judicial organ, heads the
judiciary organ of the Islamic Republic of Afghanistan.
Article One Hundred and seventeen Ch. 7. Art. 2
The Supreme Court is composed of nine members who are
appointed by the President for a period of ten years with the
approval of the Wolesi Jirga (the House of People) 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 One Hundred and eighteen Ch. 7. Art. 3
A member of the Supreme Court should have the following
qualifications:
The age of the Head of the Supreme Court and its members
should not be lower than forty at the time of appointment.
Should be citizen of Afghanistan.
Should have higher education in law or in Islamic
jurisprudence, and should have enough expertise and experience
in the judicial system of Afghanistan.
Should enjoy high ethics and reputation of good deeds.
Should not have been convicted of crimes against humanity,
crimes, and sentenced of deprivation of his civil rights by a
court.
Should not be a member of any political party during the term
of official duty.
Article One Hundred and nineteen Ch. 7. Art. 4
Members of the Supreme Court take the following oath in the
presence of the President before occupying the post:
“In the name Allah, the Merciful and the Compassionate
I swear in the name of God Almighty to support justice and
righteousness in accord with the provisions of the sacred
religion of Islam and the provisions of this Constitution and
other laws of Afghanistan, and to execute the duty of being a
judge with utmost honesty, righteousness and
nonpartisanship.”
Article One Hundred and twenty Ch. 7. Art. 5
The authority of the judicial organ is to attend to all
lawsuits in which real individuals or incorporeal including
the state stand before it as plaintiff or defendant and in its
presence is expressed in accord with provisions of the law.
Article One Hundred and twenty one Ch. 7. Art. 6
The Supreme Court 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 One Hundred and twenty two Ch. 7. Art. 7
No law, under any circumstance, can transfer a case from the
jurisdiction of the judicial branch to another organ as has
been determined in this Constitution.
This provision does not apply to establishing special Courts
stated in Articles 69 and 78 and 127 of this Constitution and
military courts.
The structure and authority of these courts are regulated by
law.
Article One Hundred twenty three Ch. 7. Art. 8
With observance of the provisions of this Constitution, the
rules related to the structure, authority, and performances of
the courts and the duties of judges are regulated by law.
Article One Hundred and twenty four Ch. 7. Art. 9
Other officials and administrative personnel of the judicial
branch are subject to the provisions of the laws related to
the officials and other administrative personnel of the state,
but their appointment, dismissal, promotion, pension, rewards
and punishments are regulated by the Supreme Court in
accordance with the law.
Article One Hundred and twenty five Ch. 7, Art. 10
The budget of the judicial branch is arranged in consultation
with the government by the Supreme Court and presented to the
National Assembly by the government as part of the state
budget.
Implementation of the budget of the judicial branch is the
authority of the Supreme Court.
Article One Hundred and twenty six Ch. 7. Art. 11
Members of the Supreme Court enjoy official financial benefits
for the rest of their lives provided they do not occupy state
and political positions.
Article One Hundred and twenty seven Ch. 7. Art. 12
When more than one - third of the members of the Wolesi Jirga
(the House of People) 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 (the
House of People) approves of this demand by a majority of
two-thirds votes, the accused is dismissed from his post and
the case is referred to a special court.
The setting up of the court and the procedures of trial are
regulated by law.
Article One Hundred and twenty eight Ch. 7. Art. 13
In the courts of Afghanistan, trials are open and everyone is
entitled to attend trials within the bounds of law.
The court, in situations which are stated in the law or in
situations in which the secrecy of the trial is deemed
necessary, can conduct the trial behind closed doors, but the
announcement of the court decision should be open in all
instances.
Article One Hundred and twenty nine Ch. 7. Art. 14
The court is obliged to state the reasons for the decision it
issues.
All specific decisions of the courts are enforceable, except
for capital punishment, which is conditional upon approval of
the President.
Article One Hundred and thirty Ch. 7. Art. 15
While processing the cases, the courts apply the provisions of
this Constitution and other laws.
When there is no provision in the Constitution or other laws
regarding ruling on an issue, the courts’ decisions shall be
within the limits of this Constitution in accord with the
Hanafi jurisprudence and in a way to serve justice in the best
possible manner.
Article One Hundred and thirty one Ch. 7. Art. 16
Courts 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 One Hundred and thirty two Ch. 7. Art. 17
Judges are appointed with the recommendation of the Supreme
Court and approval of the President.
The appointment, transfer, promotion, punishment, and
proposals to retire judges are within the authority of the
Supreme Court in accordance with the law.
The Supreme Court shall establish the General Administration
Office of the Judicial Power for the purpose of better
arrangement of the administration and judicial affairs and
insuring the required improvements.
Article One Hundred and thirty three Ch. 7. Art. 18
When a judge is accused of having committed a crime, the
Supreme Court shall inquire about the case involving the judge
in accordance with the law.
After listening to his defense, when the Supreme Court regards
the accusation to be valid, it shall present a proposal about
the judge’s dismissal to the President.
After the Presidential approval, the accused judge is
dismissed from duty, and punished in accordance with the
provisions of the law.
Article One Hundred and thirty four Ch. 7. Art. 19
Discovery of crimes is the duty of the police and
investigation and prosecution are conducted by the Attorney’s
Office in accordance with the provisions of the law.
The Attorney’s Office is part the Executive branch, and is
independent in its performances.
The structure, authority, and activities of the Attorney’s
Office are regulated by law.
Discovery and investigation of crimes related to the armed
forces are regulated by a special law.
Article One Hundred and thirty five Ch. 7. Art. 20
If parties involved in a case do not know the language in
which the trial is conducted, they have the right to
understand the material and documents related to the case
through an interpreter and the right to speak in their mother
language in the court.
Chapter Eight
The Administration
Article One Hundred and thirty six Ch. 8. Art. 1
The Administration of Islamic Republic of Afghanistan shall be
based on central and local administrative units in accordance
with the law.
The central administration is divided into a number of
administrative units, each of which shall be headed by a
minister.
The local administrative unit is a province.
The number, area, parts, and structures of the provinces and
the related administrations are regulated by law on the basis
of population, social and economic conditions, and geographic
location.
Article One Hundred and thirty seven Ch. 8. Art. 2
The government, while preserving the principle of centralism,
shall delegate certain authorities to local administration
units for the purpose of expediting and promoting economic,
social, and cultural affairs, and increasing the participation
of people in the development of the nation.
Article One Hundred and thirty eight Ch. 8. Art. 3
In every province a provincial council is to be formed.
Members of the provincial council are elected in proportion to
the population by free, direct, secret ballot and general
elections by the residents of the province for a period of
four years in accordance with the law.
The provincial council elects one of its members as Chairman.
Article One Hundred and thirty nine Ch. 8. Art. 4
The provincial council takes part in securing the
developmental targets of the state and improving its affairs
in a way stated in the law, and gives advice on important
issues falling within the domain of the province.
Provincial councils perform their duties in cooperation with
the provincial administration.
Article One Hundred and forty Ch. 8. Art. 5
In order to organize activities involving people and provide
them with the opportunity to actively participate in the local
administration, councils are set up in districts and villages
in accordance with the provisions of the law.
Members of these councils are elected by the local people
through, free, general, secret and direct elections for a
period of three years.
The participation of nomads in these councils is regulated by
law.
Article One Hundred and forty one Ch. 8. Art. 6
Municipalities shall be set up in order to administer city
affairs.
The mayor and members of the municipal councils are elected by
free, general, secret, and direct elections.
The affairs related to municipalities are regulated by law.
Article One Hundred forty two Ch. 8. Art. 7
For the purpose of the implementation of the provisions, and
ensuring the values of this constitution, the state shall
establish the required departments.
Chapter Nine
The State of Emergency
Article One Hundred and forty three Ch. 9, Art, 1
If due to war, threat of war, serious rebellion, natural
disasters, or situations similar to these protecting the
independence or nation’s survival becomes impossible by
following the provision of this Constitution, the President in
confirmation of National Assembly shall declare a state of
emergency in some or all parts of the country.
If the state of emergency continues for more than two months,
the agreement of National Assembly is required for its
extension.
Article One Hundred and forty four Ch. 9, Art. 2
During the state of emergency, the President, with the
consultations of heads of the National Assembly, and Chief
Justice can transfer some authorities of the National Assembly
to the government.
Article One Hundred and forty five Ch. 9, Art. 3
During the state of emergency, the President with the consent
of the heads of the National Assembly and the Supreme Court,
can suspend the validity of the following Articles or can
place restrictions on them:
1-Paragraph two of Article twenty-seven
2- Article thirty-six.
3- Paragraph two of Article thirty-seven.
4- Paragraph two of Article thirty-eight.
Article One Hundred and forty six Ch. 9, Art. 4
During the state of emergency, the Constitution cannot be
amended.
Article One Hundred and forty seven Ch. 9, Art. 5
If the Presidential term of office, and or the legislative
period expire during a state of emergency, the new elections
shall be postponed, and the presidency, and the legislative
period shall be extended for up to four months.
If the state of emergency continues for more than four months,
a Loya Jirga shall be called by the President for further
decisions.
Following the termination of state of emergency, election
would be held within two months
Article One Hundred and forty eight Ch. 9, Art. 6
After the end of the state of emergency, the measures adopted
on the basis of Articles 144 and 145 of this Constitution
shall be considered invalid immediately.
Chapter Ten
Amendments
Article One Hundred and forty nine Ch. 10, Art. 1
The provisions of adherence to the fundamentals of the sacred
religion of Islam and the 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 One Hundred and fifty Ch. 10, Art. 2
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 Loya Jirga.
When the Loya Jirga approves an amendment by a majority of
two-thirds of its members, it shall be enforced after
endorsement by the President.
Chapter Eleven
The Miscellaneous Provisions
Article One Hundred and fifty one Ch. 11, Art. 1
The President, Vice 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 One Hundred and fifty two Ch. 11. Art. 2
The President, Vice President, ministers, heads and members of
the National Assembly, the Supreme Court, and judges, cannot
undertake other jobs during their terms of office.
Article One Hundred and fifty three Ch. 11. Art. 3
Judges, Attorneys, and Officers of the Armed Forces and
Police, and members of the National Security, cannot be
members of political parties during their terms of office.
Article One Hundred and fifty four Ch. 11, Art. 4
Property of the President, Vice 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 One Hundred and fifty five Ch. 11, Art. 5
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 One Hundred fifty six Ch. 12, Art. 1
The Title of the Father of the Nation and the privileges
granted by the Emergency Loya Jirga of 1381 (2002) to His
Majesty Mohammad Zahir Former King of Afghanistan are
preserved for him during his lifetime, in accordance with the
provisions of this constitution.
Article One Hundred and fifty seven Ch. 12. Art. 2
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:
Issue decrees related to the elections of the President,
National Assembly and local councils within six months.
Issue decrees regarding the structure and authorities of the
courts and basic administration structures within one year.
Establish an Independent Electoral Commission for Supervising
Elections.
Take necessary measures for reform of executive and judicial
affairs Adopt necessary y measures for preparing the ground
for enforcement of the provisions of this Constitution.
Article One Hundred and fifty eight Ch. 12. Art. 3
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 One Hundred and fifty nine Ch. 12. Art. 4
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 are 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
(the House of People) is taken place.
The President of the Transitional Islamic State of Afghanistan
shall continue his duties until the elected President has
taken have 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 One Hundred sixty Ch. 12. Art. 5
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.
Unofficial Translation. Please refer to official Pashtu and
Dari texts for accuracy.