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THE CONSTITUTION OF AFGHANISTAN 1964
GOVERNMENT OF AFGHANISTAN
IN THE NAME OF GOD, THE ALMIGHTY AND THE JUST TO REORGANIZE THE
NATIONAL LIFE OF AFGHANISTAN ACCORDING TO THE REQUIREMENTS OF THE TIMES
AND ON THE BASIS OF THE REALITIES OF NATIONAL HISTORY AND CULTURE; TO ACHIEVE
JUSTICE AND EQUALITY; TO ESTABLISH POLITICAL, ECONOMIC AND SOCIAL DEMOCRACY;
TO ORGANIZE THE FUNCTIONS OF THE STATE AND ITS BRANCHES TO ENSURE LIBERTY
AND WELFARE OF THE INDIVIDUAL AND THE MAINTENANCE OF THE GENERAL ORDER;
TO ACHIEVE A BALANCED DEVELOPMENT OF ALL PHASES OF LIFE IN AFGHANISTAN;
AND TO FORM, ULTIMATELY, A PROSPEROUS AND PROGRESSIVE SOCIETY BASED ON
SOCIAL COOPERATION AND PRESERVATION OF HUMAN DIGNITY; WE, THE PEOPLE OF
AFGHANISTAN, CONSCIOUS OF THE HISTORICAL CHANGES WHICH HAVE OCCURRED IN
OUR LIFE AS A NATION AND AS A PART OF HUMAN SOCIETY, WHILE CONSIDERING
THE ABOVE MENTIONED VALUES TO BE THE RIGHT OF ALL HUMAN SOCIETIES, HAVE,
UNDER THE LEADERSHIP OF HIS MAJESTY MOHAMMED ZAHIR SHAH, THE KING OF AFGHANISTAN
AND THE LEADER OF ITS NATIONAL LIFE, FRAMED THIS CONSTITUTION FOR OURSELVES
AND THE GENERATIONS TO COME.
TITLE ONE
THE STATE
ARTICLE 1
AFGHANISTAN IS A CONSTITUTIONAL MONARCHY; AN INDEPENDENT, UNITARY
AND INDIVISIBLE STATE. SOVEREIGNTY IN AFGHANISTAN BELONGS TO THE NATION.
THE AFGHAN NATION IS COMPOSED OF ALL THOSE INDIVIDUALS WHO POSSESS THE
CITIZENSHIP OF THE STATE OF AFGHANISTAN IN ACCORDANCE WITH THE PROVISIONS
OF THE LAW. THE WORD AFGHAN SHALL APPLY TO EACH SUCH INDIVIDUAL.
ARTICLE 2
ISLAM IS THE SACRED RELIGION OF AFGHANISTAN. RELIGIOUS RITES PERFORMED
BY THE STATE SHALL BE ACCORDING TO THE PROVISIONS OF THE HANAFI DOCTRINE.
NON MUSLIM CITIZENS SHALL BE FREE TO PERFORM THEIR RITUALS WITHIN THE LIMITS
DETERMINED BY LAWS FOR PUBLIC DECENCY AND PUBLIC PEACE.
ARTICLE 3
FROM AMONGST THE LANGUAGES OF AFGHANISTAN, PASHTU AND DARI SHALL
BE THE OFFICIAL LANGUAGES.
ARTICLE 4
THE FLAG OF AFGHANISTAN IS TRI COLOR (BLACK, RED AND GREEN) ALL
PIECES JOINED TOGETHER VERTICALLY FROM LEFT TO RIGHT IN EQUAL PROPORTIONS;
THE BREADTH OF EACH STRIP EQUALLING HALF OF ITS LENGTH, HAVING IN THE MIDDLE
THE INSIGNIA OF THE MEHRAB (AN ARCH IN A MOSQUE WHERE THE PRAYING CONGREGATION
STANDS, FACING THE KAABA IN MECCA) AND THE MENDER (A MANY TIERED PULPIT
PLACED TO THE RIGHT OF THE METHRAB IN A MOSQUE, FROM WHICH ADDRESSES ARE
DELIVERED) IN WHITE, FLANKED BY TWO FLAGS AND ENSCONCED IN TWO SHEAVES
OF WHEAT.
ARTICLE 5
THE CAPITAL OF AFGHANISTAN IS THE CITY OF KABUL.
TITLE TWO
THE KING
ARTICLE 6
IN AFGHANISTAN THE KING PERSONIFIES THE SOVEREIGNTY.
ARTICLE 7
THE KING IS THE PROTECTOR OF THE BASIC PRINCIPLES OF THE SACRED
RELIGION OF ISLAM, THE GUARDIAN OF AFGHANISTAN'S INDEPENDENCE AND TERRITORIAL
INTEGRITY, THE CUSTODIAN OF ITS CONSTITUTION ARE THE CENTER OF ITS NATIONAL
UNITY.
ARTICLE 8
THE KING SHALL BE AN AFGHAN NATIONAL, A MUSLIM AND A FOLLOWER OF
THE HANAFI DOCTRINE.
ARTICLE 9
THE KING HAS THE FOLLOWING RIGHTS AND DUTIES:
1) HOLDS SUPREME COMMAND OF THE ARMED FORCES OF AFGHANISTAN.
2) DECLARES WAR AND ARMISTICE.
3) SUMMONS AND INAUGURATES THE LOYA JIRGA (GREAT COUNCIL).
4) INAUGURATES THE ORDINARY SESSION OF THE SHURA (PARLIAMENT),
5) SUMMONS AND INAUGURATES THE EXTRAORDINARY SESSIONS OF THE SHURA (PARLIAMENT).
6) DISSOLVES THE SHURA (PARLIAMENT) AND DECREES NEW ELECTIONS, WHICH SHALL
BE HELD WITHIN THREE MONTHS FROM THE DATE OF THE DISSOLUTION OF THE SHURA
(PARLIAMENT),
7) SIGNS LAWS AND PROCLAIMS THEIR ENFORCEMENT.
8) ISSUES ORDINANCES,
9) GRANTS CREDENTIALS FOR CONCLUSION OF INTERNATIONAL TREATIES, IN ACCORDANCE
WITH THE PROVISIONS OF THE LAW.
10) SIGNS INTERNATIONAL TREATIES,
11) APPOINTS THE PRIME MINISTER AND ACCEPTS HIS RESIGNATION. APPOINTS MINISTERS
ON THE RECOMMENDATION OF THE PRIME MINISTER AND ACCEPTS THEIR RESIGNATIONS.
12) APPOINTS THE NON ELECTED MEMBERS OF THE MESHRANO JIRGA (HOUSE OF THE
ELDERS) AND APPOINTS ITS PRESIDENT FROM AMONGST ITS MEMBERS.
13) APPOINTS THE CHIEF JUSTICE AND JUSTICES OF THE SUPREME COURT.
14) APPOINTS JUDGES AND HIGH RANKING CIVIL AND MILITARY OFFICIALS AND GRANTS
THEM RETIREMENT IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.
15) ACCREDITS THE HEADS OF AFGHANISTAN'S DIPLOMATIC MISSIONS TO FOREIGN
STATES; APPOINTS PERMANENT REPRESENTATIVES OF AFGHANISTAN TO INTERNATIONAL
ORGANIZATIONS AND ACCEPTS THE CREDENTIALS OF FOREIGN DIPLOMATIC REPRESENTATIVES.
16) PROCLAIMS AND ENDS THE STATE OF EMERGENCY.
17) REMITS AND PARDONS SENTENCES.
ARTICLE 10
COIN IS MINTED IN THE NAME OF THE KING.
ARTICLE 11
THE NAME OF THE KING IS MENTIONED IN KHUTBAS (THE KHUTBA IS AN ADDRESS
DELIVERED AS A RELIGIOUS RITE ON OCCASIONS SPECIFIED IN THE ISLAMIC RELIGION.)
ARTICLE 12
MEDALS ARE AWARDED BY THE KING IN ACCORDANCE WITH THE TERMS OF THE
LAW. THE AWARD OF MEDALS SHALL NOT CARRY ANY MATERIAL BENEFIT.
ARTICLE 13
THE ROYAL EXPENDITURES SHALL BE FIXED IN THE STATE BUDGET ACCORDING
TO THE LAW OF THE ROYAL EXPENSES.
ARTICLE 14
THE EXERCISE OF RIGHTS AND DUTIES DESCRIBED UNDER THIS TITLE SHALL
BE SUBJECT TO THE LIMITS PRESCRIBED BY THE PROVISIONS OF THIS CONSTITUTION.
ARTICLE 15
THE KING IS NOT ACCOUNTABLE AND SHALL BE RESPECTED BY ALL. HE TAKES
THE FOLLOWING OATH, IN THE PRESENCE OF THE MEMBERS OF THE ROYAL FAMILY,
THE MEMBERS OF THE GOVERNMENT AND THE JUSTICES OF THE SUPREME COURT, IN
A JOINT SITTING OF BOTH HOUSES OF THE SHURA (PARLIAMENT). 'IN THE NAME
OF GOD, THE GREAT, I SWEAR TO BE CONSCIOUS OF HIS OMNIPRESENCE IN ALL MY
ACTIONS, THAT I SHALL PROTECT THE SACRED PRINCIPLES OF THE RELIGION OF
ISLAM, SHALL GUARD THE CONSTITUTION, SHALL PROTECT THE INDEPENDENCE AND
TERRITORIAL INTEGRITY OF THE COUNTRY AS WELL AS THE LAWS OF THE STATE AND
THE RIGHTS OF THE PEOPLE; AND, INVOKING DIVINE ASSISTANCE, SHALL REIGN
IN ACCORDANCE WITH THE PROVISIONS OF THE CONSTITUTION OF AFGHANISTAN AND
DEVOTE MY EFFORTS TO THE WELL BEING AND PROGRESS OF THE AFGHAN NATION.'
ARTICLE 16
THE SUCCESSION TO THE THRONE OF AFGHANISTAN SHALL CONTINUE IN THE
HOUSE OF HIS MAJESTY MOHAMMED NADIR SHAH, THE MARTYR, IN ACCORDANCE WITH
THE PROVISIONS OF THIS CONSTITUTION.
ARTICLE 17
SHOULD THE KING RESOLVE TO ABDICATE, HE SHALL INFORM A COUNCIL CONSISTING
OF THE PRESIDENT OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE), THE PRESIDENT
OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS), THE PRIME MINISTER, THE CHIEF
JUSTICE AND THE MINISTER OF THE ROYAL COURT AND, THEREAFTER, CONVENE A
MEETING OF THE LOYA JIRGA (GRAND COUNCIL) WITHIN A PERIOD OF SEVEN DAYS
AND ANNOUNCE THEREIN HIS ABDICATION IN PERSON OR THROUGH THE MINISTER OF
COURT. IF THE LOYA JIRGA (GREAT COUNCIL) ATTESTS THAT THE ABDICATION HAS
STEMMED FROM THE DATE OF THE ATTESTATION.
ARTICLE 18
ON THE KING'S ABDICATION OR DEATH, THE THRONE SHALL PASS ON TO HIS
ELDEST SON. IF THE ELDEST SON OF THE KING LACKS THE QUALIFICATIONS SET
FORTH IN THIS CONSTITUTION, THE THRONE SHALL PASS ON TO HIS SECOND SON
AND SO ON.
ARTICLE 19
WHENEVER THE KING ABDICATES OR DIES WITHOUT A SON POSSESSING THE
QUALIFICATIONS TO BECOME THE KING, THE THRONE SHALL PASS ON TO THE OLDEST
OF THE KING'S BROTHERS. IN CASE THE OLDEST OF THE KING'S BROTHERS LACKS
THE QUALIFICATIONS NEEDED, THE THRONE SHALL PASS ON TO THE SECOND BROTHER
IN LINE AND SO ON. IF THE KING DOES NOT HAVE A BROTHER POSSESSING THE QUALIFICATIONS
REQUIRED FOR THE KING, HIS SUCCESSOR SHALL BE ELECTED FROM AMONGST THE
MALE LINEAL DESCENDANTS OF HIS MAJESTY MOHAMMED NADIR SHAH, THE MARTYR.
IN THIS CASE THE KING SHALL BE ELECTED BY AN ELECTORAL COLLEGE CONSISTING
OF THE LOYA JIRGA (GREAT COUNCIL), THE GOVERNMENT, AND THE JUSTICES OF
THE SUPREME COURT. THIS ELECTORAL COLLEGE SHALL BE SUMMONED BY THE PRIME
MINISTER, IN THE CASE OF THE DEATH OF THE KING WITHIN FIFTEEN DAYS FROM
THE DATE OF THE DEMISE AND IN THE CASE OF ABDICATION WITHIN SEVEN DAYS
FROM THE DATE WHEN THE KING'S ABDICATION BECOMES EFFECTIVE. THE DECISION
OF THIS ELECTORAL COLLEGE SHALL BE BY A MAJORITY OF VOTES OF THE MEMBERS
PRESENT AND SHALL BE CONSIDERED EFFECTIVE UPON THE CONSENT OF THE PERSON
CHOSEN AS THE KING. THE MINISTER OF COURT SHALL ACT AS REGENT FROM THE
TIME OF THE DEATH OF THE KING OR THE VALIDATION OF HIS ABDICATION UNTIL
THE ELECTION OF HIS SUCCESSOR.
ARTICLE 20
THE KING SHALL, WHEN HE DECIDES TO TRAVEL OUT OF THE COUNTRY, APPOINT
ONE OR MORE PERSONS TO ACT AS HIS REGENT OR REGENTS. THIS PERSON OR PERSONS
SHALL, DURING THE ABSENCE OF THE KING AND ON HIS BEHALF, DISCHARGE THE
ROYAL FUNCTIONS IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION
AND WITHIN THE LIMITS OF THE AUTHORITY DELEGATED TO HIM OR THEM BY THE
KING. THE FOLLOWING PERSONS SHALL NOT BE APPOINTED AS REGENT:
1) THE PRIME MINISTER
2) THE PRESIDENT OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE)
3) THE PRESIDENT OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS)
4) THE CHIEF JUSTICE
ARTICLE 21
IN CASE THE KING DIES BEFORE HIS SUCCESSOR HAS COMPLETED TWENTY
YEARS OF LIFE, THE QUEEN SHALL ACT AS REGENT UNTIL HIS SUCCESSOR REACHES
THE STIPULATED AGE. IN CASE THE QUEEN BE NOT LIVING, THE ELECTORAL COLLEGE,
PROVIDED UNDER ARTICLE 19 OF THIS CONSTITUTION, SHALL ELECT SOMEONE FROM
AMONGST THE MALE LINEAL DESCENDANTS OF HIS MAJESTY MOHAMMED NADIR SHAH,
THE MARTYR, TO ACT AS REGENT.
ARTICLE 22
WHENEVER THE KING ABDICATES AND HIS SUCCESSOR HAS NOT COMPLETED
TWENTY YEARS OF LIFE, THE ELECTORAL COLLEGE, PROVIDED UNDER ARTICLE 19
SHALL ELECT SOMEONE FROM AMONGST THE MALE LINEAL DESCENDANTS OF HIS MAJESTY
MOHAMMED NADIR SHAH, THE MARTYR, TO ACT AS REGENT UNTIL THE SUCCESSOR REACHES
THE STIPULATED AGE.
ARTICLE 23
THE REGENT OF THE KING MUST POSSESS THE QUALIFICATIONS SPECIFIED
IN ARTICLE 8. THE REGENT SHALL PERFORM THE ROYAL FUNCTIONS IN ACCORDANCE
WITH THE PROVISIONS OF THIS CONSTITUTION. IN THE CASE OF THE QUEEN ACTING
AS REGENT, THE EXERCISE OF THE AUTHORITY DESCRIBED IN SECTION TWO OF ARTICLE
9, SHALL TAKE PLACE WITH THE ADVICE OF THE GOVERNMENT. THE REGENT, DURING
THE TENURE OF HIS OFFICE, CANNOT ENGAGE IN ANY OTHER PROFESSION. THE PERSON
ELECTED AS REGENT BE VIRTUE OF ARTICLES 21 AND 22 OF THIS CONSTITUTION
SHALL NEVER BE ELECTED AS THE KING OF AFGHANISTAN. DURING THE PERIOD OF
REGENCY, THE PROVISIONS RELATING TO SUCCESSION UNDER THE TITLE 'KING' OF
THIS CONSTITUTION SHALL NOT BE AMENDED.
ARTICLE 24
THE ROYAL HOUSE IS COMPOSED OF THE SONS, THE DAUGHTERS, THE BROTHERS
AND THE SISTERS OF THE KING AND THEIR HUSBANDS, WIVES, SONS AND DAUGHTERS;
AND THE PATERNAL UNCLES AND THE SONS OF THE PATERNAL UNCLES OF THE KING.
IN THE OFFICIAL PROTOCOL OF THE SATE, THE ROYAL HOUSE COMES AFTER THE KING
AND THE QUEEN. THE EXPENDITURE OF THE ROYAL HOUSE SHALL BE FIXED IN THE
BUDGET OF THE ROYAL EXPENSES. TITLES OF NOBILITY ARE EXCLUSIVELY CONFINED
TO THE ROYAL HOUSE AND SHALL BE ASSIGNED IN ACCORDANCE WITH THE PROVISIONS
OF THE LAW. MEMBERS OF THE ROYAL HOUSE SHALL NOT PARTICIPATE IN POLITICAL
PARTIES, AND SHALL NOT HOLD THE FOLLOWING OFFICES:
1) PRIME MINISTER OR MINISTER
2) MEMBER OF THE SHURA (PARLIAMENT)
3) JUSTICE OF THE SUPREME COURT
MEMBERS OF THE ROYAL HOUSE SHALL MAINTAIN THEIR STATUS AS MEMBERS
OF THE ROYAL HOUSE AS LONG AS THEY LIVE.
TITLE THREE
THE BASIC RIGHTS AND DUTIES OF THE PEOPLE
ARTICLE 25
THE PEOPLE OF AFGHANISTAN, WITHOUT ANY DISCRIMINATION OR PREFERENCE,
HAVE EQUAL RIGHTS AND OBLIGATIONS BEFORE THE LAW.
ARTICLE 26
LIBERTY IS THE NATURAL RIGHT OF THE HUMAN BEING. THIS RIGHT HAS
NO LIMITATIONS EXCEPT THE LIBERTY OF OTHERS AND PUBLIC INTEREST AS DEFINED
BY THE LAW. THE LIBERTY AND DIGNITY OF THE HUMAN BEING ARE INVIOLABLE AND
INALIENABLE. THE STATE HAS THE DUTY TO RESPECT AND PROTECT THE LIBERTY
AND DIGNITY OF THE INDIVIDUAL. NO DEED IS CONSIDERED A CRIME EXCEPT BY
VIRTUE OF A LAW IN FORCE BEFORE ITS COMMISSION. NO ONE MAY BE PUNISHED
EXCEPT BY THE ORDER OF A COMPETENT COURT RENDERED AFTER AN OPEN TRIAL HELD
IN THE PRESENCE OF THE ACCUSED. NO ONE MAY BE PUNISHED EXCEPT UNDER THE
PROVISIONS OF A LAW THAT HAS COME INTO EFFECT BEFORE THE COMMISSION OF
THE OFFENSE WITH WHICH THE ACCUSED IS CHARGED. NO ONE MAY BE PURSUED OR
ARRESTED EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. NO ONE MAY
BE DETAINED EXCEPT ON ORDER OF A COMPETENT COURT, IN ACCORDANCE WITH THE
PROVISIONS OF THE LAW. INNOCENCE IS THE ORIGINAL STATE; THE ACCUSED IS
CONSIDERED TO BE INNOCENT UNLESS FOUND GUILTY BY A FINAL JUDGMENT OF A
COURT OF LAW. CRIME IS A PERSONAL DEED. PURSUIT, ARREST OR DETENTION OF
THE ACCUSED AND THE EXECUTION OF SENTENCE AGAINST HIM DOES NOT AFFECT ANY
OTHER PERSON. TORTURING A HUMAN BEING IS NOT PERMISSIBLE. NO ONE CAN TORTURE
OR ISSUE ORDERS TO TORTURE A PERSON EVEN FOR THE SAKE OF DISCOVERING FACTS,
EVEN IF THE PERSON INVOLVED IS UNDER PURSUIT, ARREST OR DETENTION OR IS
CONDEMNED TO A SENTENCE. IMPOSING PUNISHMENT INCOMPATIBLE WITH HUMAN DIGNITY
IS NOT PERMISSIBLE. A STATEMENT OBTAINED FROM AN ACCUSED OR ANY OTHER PERSON
BY COMPULSION IS NOT VALID. CONFESSION OF A CRIME MEANS THE ADMISSION MADE
BY AN ACCUSED WILLINGLY AND IN FULL POSSESSION OF HIS SENSES BEFORE A COMPETENT
COURT WITH REGARD TO THE COMMISSION OF A CRIME LEGALLY ATTRIBUTED TO HIM.
EVERY PERSON HAS THE RIGHT TO APPOINT DEFENSE COUNSEL FOR THE REMOVAL OF
A CHARGE LEGALLY ATTRIBUTED TO HIM. INDEBTEDNESS OF ONE TO ANOTHER CANNOT
CAUSE DEPRIVATION OR CURTAILMENT OF THE LIBERTY OF THE DEBTOR. THE WAYS
AND MEANS OF RECOVERING DEBT SHALL BE SPECIFIED IN THE LAW. EVERY AFGHAN
IS ENTITLED TO TRAVEL WITHIN THE TERRITORY OF THE STATE AND SETTLE ANYWHERE
EXCEPT IN AREAS PROHIBITED BY THE LAW. SIMILARLY, EVERY AFGHAN HAS A RIGHT
TO TRAVEL OUTSIDE OF AFGHANISTAN AND RETURN TO AFGHANISTAN ACCORDING TO
THE PROVISIONS OF THE LAW. NO AFGHAN SHALL BE SENTENCED TO BANISHMENT FROM
AFGHANISTAN OR WITHIN ITS TERRITORY.
ARTICLE 27
NO AFGHAN ACCUSED OF A CRIME CAN BE EXTRADITED TO A FOREIGN STATE.
ARTICLE 28
A PERSON'S RESIDENCE IS INVIOLABLE. NO ONE, INCLUDING THE STATE
CAN ENTER OR SEARCH A RESIDENCE WITHOUT THE PERMISSION OF THE RESIDENT
OR THE ORDERS OF A COMPETENT COURT AND IN ACCORDANCE WITH THE CONDITIONS
AND PROCEDURE SPECIFIED BY THE LAW. IN CASES OF WITNESSED CRIMES THE RESPONSIBLE
OFFICER CAN ENTER OR SEARCH THE RESIDENCE OF A PERSON WITHOUT THE PERMISSION
OF THE RESIDENT OR THE PRIOR WRIT OF THE COURT ON HIS PERSONAL RESPONSIBILITY.
THE OFFICER IS BOUND TO GET THE ORDER OF THE COURT WITHIN THE TIME LIMIT
SET BY THE LAW AFTER HIS ENTRY INTO THE HOUSE OR ITS SEARCH.
ARTICLE 29
PROPERTY IS INVIOLABLE. NO ONE'S PROPERTY CAN BE CONFISCATED EXCEPT
IN ACCORDANCE WITH THE PROVISION OF THE LAW AND THE DECISION OF A COMPETENT
COURT. EXPROPRIATION IS ALLOWED ONLY FOR SECURING PUBLIC INTEREST, AGAINST
AN ADVANCE EQUITABLE COMPENSATION, IN ACCORDANCE WITH THE PROVISIONS OF
THE LAW. NO ONE SHALL BE PROHIBITED FROM ACQUIRING PROPERTY AND EXERCISING
THE RIGHT OF OWNERSHIP OF THE SAME, WITHIN THE LIMITATIONS OF THE LAW.
THE WAYS OF UTILIZING PROPERTY SHALL BE REGULATED AND GUIDED BY THE LAW,
FOR SECURING THE PUBLIC INTEREST. INVESTIGATIONS AND DECLARATIONS OF A
PERSON'S PROPERTY CAN BE MADE ONLY IN ACCORDANCE WITH THE PROVISIONS OF
THE LAW. FOREIGN STATES AND NATIONALS ARE NOT ENTITLED TO OWN IMMOVABLE
PROPERTY IN AFGHANISTAN. SUBJECT TO THE APPROVAL OF THE GOVERNMENT, IMMOVABLE
PROPERTY MAY BE SOLD TO THE DIPLOMATIC MISSIONS OF FOREIGN STATES ON A
RECIPROCAL BASIS AND ALSO TO THOSE INTERNATIONAL ORGANIZATIONS TO WHICH
THE STATE OF AFGHANISTAN IS A MEMBER.
ARTICLE 30
THE FREEDOM AND SECRECY OF PEOPLE'S COMMUNICATIONS, WHETHER BY WRITING,
TELEPHONE, TELEGRAPH OR OTHER MEDIUM, ARE INVIOLABLE. THE STATE HAS NO
RIGHT TO SEARCH PERSONAL COMMUNICATIONS EXCEPT BY THE ORDER OF A COMPETENT
COURT AND IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. IN URGENT CASES,
DEFINED BY THE LAW, THE OFFICIAL RESPONSIBLE CAN SEARCH COMMUNICATIONS
ON HIS RESPONSIBILITIES, WITHOUT THE PRIOR PERMISSION OF THE COURT. THE
OFFICIAL CONCURRENTLY IS BOUND TO OBTAIN, AFTER THE SEARCH, THE DECISION
OF THE COURT WITHIN THE TIME LIMIT SET UNDER THE LAW.
ARTICLE 31
FREEDOM OF THOUGHT AND EXPRESSION IS INVIOLABLE. EVERY AFGHAN HAS
THE RIGHT TO EXPRESS HIS THOUGHTS IN SPEECH, IN WRITING, IN PICTURES AND
BY OTHER MEANS, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. EVERY AFGHAN
HAS THE RIGHT TO PRINT AND PUBLISH IDEAS IN ACCORDANCE WITH THE PROVISIONS
OF THE LAW, WITHOUT SUBMISSION IN ADVANCE TO THE AUTHORITIES OF THE STATE.
THE PERMISSION TO ESTABLISH AND OWN PUBLIC PRINTING HOUSES AND TO ISSUE
PUBLICATIONS IS GRANTED ONLY TO THE CITIZENS AND THE STATE OF AFGHANISTAN,
IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE ESTABLISHMENT AND OPERATION
OF PUBLIC RADIO TRANSMISSION AND TELECASTING IS THE EXCLUSIVE RIGHT OF
THE STATE.
ARTICLE 32
AFGHAN CITIZENS HAVE THE RIGHT TO ASSEMBLE UNARMED, WITHOUT PRIOR
PERMISSION OF THE STATE, FOR THE ACHIEVEMENT OF LEGITIMATE AND PEACEFUL
PURPOSES, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. AFGHAN CITIZENS
HAVE THE RIGHT TO ESTABLISH, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW,
ASSOCIATIONS FOR THE REALIZATION OF MATERIAL OR SPIRITUAL PURPOSES.
AFGHAN CITIZENS HAVE THE RIGHT TO FORM POLITICAL PARTIES, IN ACCORDANCE
WITH THE TERMS OF THE LAW, PROVIDED THAT:
1) THE AIMS AND ACTIVITIES OF THE PARTY AND THE IDEAS OF WHICH THE
ORGANIZATION OF THE PARTY IS BASED ARE NOT OPPOSED TO THE VALUES EMBODIED
IN THIS CONSTITUTION.
2) THE ORGANIZATION AND FINANCIAL RESOURCES OF THE PARTY ARE OPEN.
A PARTY FORMED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW CANNOT BE DISSOLVED
WITHOUT DUE PROCESS OF THE LAW AND THE ORDER OF THE SUPREME COURT.
ARTICLE 33
ANYONE WHO, WITHOUT DUE CAUSE, SUFFERS DAMAGE FROM THE ADMINISTRATION
IS ENTITLED TO COMPENSATION AND MAY FILE A SUIT IN A COURT FOR ITS RECOVERY.
THE STATE CANNOT, EXCEPT IN CASES SPECIFIED BY THE LAW, RESORT TO THE RECOVERY
OF ITS DUES WITHOUT THE ORDER OF A COMPETENT COURT.
ARTICLE 34
EDUCATION IS THE RIGHT OF EVERY AFGHAN AND SHALL BE PROVIDED FREE
OF CHARGE BY THE STATE AND CITIZENS OF AFGHANISTAN. THE AIM OF THE STATE
IS TO REACH A STAGE WHERE SUITABLE FACILITIES FOR EDUCATION WILL BE MADE
AVAILABLE TO ALL AFGHANS, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.
THE GOVERNMENT IS OBLIGED TO PREPARE AND IMPLEMENT A PROGRAM FOR BALANCED
AND UNIVERSAL EDUCATION IN AFGHANISTAN. IT IS THE DUTY OF THE STATE TO
GUIDE AND SUPERVISE EDUCATION. PRIMARY EDUCATION IS COMPULSORY FOR ALL
CHILDREN IN AREAS WHERE FACILITIES FOR THIS PURPOSE ARE PROVIDED BY THE
STATE. THE STATE ALONE HAS THE RIGHT AND DUTY TO ESTABLISH AND ADMINISTER
THE INSTITUTIONS OF PUBLIC AND HIGHER LEARNING. OUTSIDE THIS SPHERE, AFGHAN
NATIONALS ARE ENTITLED TO ESTABLISH TECHNICAL AND LITERACY SCHOOLS. CONDITIONS
FOR THE ESTABLISHMENT OF SUCH SCHOOLS, THEIR CURRICULA AND THE CONDITIONS
OF LEARNING IN SUCH SCHOOLS ARE TO BE DETERMINED BY LAW. THE GOVERNMENT
MAY GRANT PERMISSION, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW, TO
FOREIGN PERSONS TO ESTABLISH PRIVATE SCHOOLS FOR THE EXCLUSIVE USE OF FOREIGNERS.
ARTICLE 35
IT IS THE DUTY OF THE STATE TO PREPARE AND IMPLEMENT AN EFFECTIVE
PROGRAM FOR THE DEVELOPMENT AND STRENGTHENING OF THE NATIONAL LANGUAGE,
PASHTU.
ARTICLE 36
IT IS THE DUTY OF THE STATE TO PROVIDE, WITHIN THE LIMITS OF ITS
MEANS, BALANCED FACILITIES FOR THE PREVENTION AND TREATMENT OF DISEASES
FOR ALL AFGHANS. THE WILL OF THE STATE IN THIS REGARD IS TO REACH A STAGE
WHERE SUITABLE MEDICAL FACILITIES WILL BE MADE AVAILABLE TO ALL AFGHANS.
ARTICLE 37
WORK IS THE RIGHT AND PRECEPT OF EVERY AFGHAN WHO THE CAPABILITY
TO DO IT. THE MAIN PURPOSE OF LAWS DESIGNED TO SYSTEMATIZE LABOR IS TO
REACH A STAGE WHERE THE RIGHTS AND INTERESTS OF ALL CATEGORIES OF LABORERS
ARE PROTECTED, SUITABLE CONDITIONS OF WORK ARE PROVIDED AND THE RELATIONS
BETWEEN THE WORKERS AND EMPLOYERS ARE ORGANIZED ON A JUST AND PROGRESSIVE
BASIS. THE CITIZENS OF AFGHANISTAN ARE ADMITTED TO THE SERVICE OF THE STATE
ON THE BASIS OF THEIR QUALIFICATIONS AND IN ACCORDANCE WITH THE PROVISIONS
OF THE LAW. WORK AND TRADE MAY BE FREELY CHOSEN, WITHIN THE CONDITIONS
DETERMINED BY THE LAW. FORCED LABOR EVEN FOR THE BENEFIT OF THE STATE IS
NOT PERMISSIBLE. THE PROHIBITION OF FORCED LABOR SHALL NOT BE SO CONSTRUED
AS TO AFFECT THE IMPLEMENTATION OF THE LAWS GOVERNING THE ORGANIZATION
OF COLLECTIVE WORK FOR THE PUBLIC INTEREST.
ARTICLE 38
EVERY AFGHAN IS BOUND TO PAY TAX AND DUTY TO THE STATE. NO DUTY
OR TAX OF ANY KIND SHALL BE LEVIED WITHOUT THE PROVISIONS OF THE LAW. THE
RATE OF TAX AND DUTY AS WELL AS THE METHOD OF PAYMENT SHALL BE DETERMINED
BY LAW WITH CONSIDERATION FOR SOCIAL JUSTICE. THE PROVISIONS OF THIS ARTICLE
ARE APPLICABLE TO FOREIGN PERSONS AS WELL.
ARTICLE 39
IT IS THE SACRED DUTY OF ALL CITIZENS OF AFGHANISTAN TO DEFEND THEIR
COUNTRY. ALL CITIZENS OF AFGHANISTAN ARE BOUND TO PERFORM MILITARY SERVICE
IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.
ARTICLE 40
IT IS THE DUTY OF ALL THE PEOPLE OF AFGHANISTAN TO FOLLOW THE PROVISIONS
OF THE CONSTITUTION; TO BEAR LOYALTY TO THE KING AND RESPECT HIM; TO OBEY
LAWS; TO HAVE DUE CONSIDERATION FOR PUBLIC ORDER AND PIECE; TO PROTECT
THE INTERESTS OF THE HOMELAND AND TO PARTICIPATE IN THE NATIONS LIFE.
TITLE FOUR
THE SHURA (PARLIAMENT)
ARTICLE 41
THE SHURA (PARLIAMENT) IN AFGHANISTAN MANIFESTS THE WILL OF THE
PEOPLE AND REPRESENTS THE WHOLE OF THE NATION. THE PEOPLE OF AFGHANISTAN
PARTICIPATE THROUGH THE SHURA (PARLIAMENT) IN THE POLITICAL LIFE OF THE
COUNTRY. ALTHOUGH ELECTED FROM A PARTICULAR CONSTITUENCY EACH MEMBER OF
THE SHURA (PARLIAMENT) SHALL AT THE TIME OF EXPRESSING HIS OPINION, TAKE
THE GENERAL INTEREST OF THE WHOLE OF AFGHANISTAN AS THE BASIS FOR HIS JUDGMENT.
ARTICLE 42
THE SHURA (PARLIAMENT) CONSISTS OF TWO HOUSES:
1) WOLESI JIRGA (HOUSE OF THE PEOPLE)
2) MESHRANO JIRGA (HOUSE OF THE ELDERS)
ARTICLE 43
MEMBERS OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) SHALL BE ELECTED
BY THE PEOPLE OF AFGHANISTAN IN A FREE, UNIVERSAL, SECRET AND DIRECT ELECTION,
IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. FOR THIS PURPOSE AFGHANISTAN
SHALL BE DIVIDED INTO ELECTORAL CONSTITUENCIES, THE NUMBER AND LIMITS OF
WHICH ARE FIXED BY THE LAW. EACH CONSTITUENCY SHALL RETURN ONE MEMBER.
THE CANDIDATE WHO OBTAINS THE LARGEST NUMBER OF VOTES CAST IN HIS CONSTITUENCY,
IN ACCORDANCE WITH THE PROVISIONS OF THE LAW, SHALL BE RECOGNIZED AS THE
REPRESENTATIVE OF THAT CONSTITUENCY.
ARTICLE 44
MEMBERS OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) SHALL BE ELECTED
FOR A PERIOD OF FOUR YEARS, WHICH IS ONE TERM OF THE LEGISLATURE. WHENEVER
THE SHURA (PARLIAMENT) IS DISSOLVED, IN ACCORDANCE WITH THE PROVISIONS
OF THE CONSTITUTION, A NEW WOLESI JIRGA (HOUSE OF THE PEOPLE) SHALL BE
ELECTED FOR ANOTHER LEGISLATIVE TERM. HOWEVER, THE TERMINATION DATE OF
THE OUTGOING HOUSE IS SO REGULATED THAT THE ENSUING SESSION OF THE WOLESI
JIRGA (HOUSE OF THE PEOPLE) COMMENCES ON THE DATE STIPULATED IN ARTICLE
59.
ARTICLE 45
MEMBERS OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS) SHALL BE NOMINATED
AND ELECTED AS FOLLOWS:
1) ONE THIRD OF THE MEMBERS SHALL BE APPOINTED BY THE KING FOR A
PERIOD OF FIVE YEARS FROM AMONGST WELL INFORMED AND EXPERIENCED PERSONS.
2) THE REMAINING TWO THIRDS OF THE MEMBERS SHALL BE ELECTED AS FOLLOWS:
A) EACH PROVINCIAL COUNCIL SHALL ELECT ONE OF ITS MEMBERS TO THE MESHRANO
JIRGA (HOUSE OF THE ELDERS) FOR A PERIOD OF THREE YEARS. B) THE RESIDENTS
OF EACH PROVINCE SHALL ELECT ONE PERSON FOR A PERIOD OF FOUR YEARS BY A
FREE, UNIVERSAL, SECRET AND DIRECT ELECTION.
ARTICLE 46
QUALIFICATIONS FOR VOTERS SHALL BE SPECIFIED IN THE ELECTORAL LAW.
PERSONS APPOINTED OR ELECTED FOR MEMBERSHIP IN THE SHURA (PARLIAMENT) MUST
MEET THE FOLLOWING REQUIREMENTS IN ADDITION TO THEIR QUALIFICATIONS AS
VOTERS:
1) MUST HAVE ACQUIRED AFGHAN NATIONALITY AT LEAST TEN YEARS PRIOR
TO THE DATE OF NOMINATION OR ELECTION.
2) MUST NOT HAVE BEEN PUNISHED BY A COURT WITH DEPRIVATION OF POLITICAL
RIGHTS AFTER THE PROMULGATION OF THIS CONSTITUTION.
3) MUST BE ABLE TO READ AND WRITE.
4) MEMBERS OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) MUST HAVE COMPLETED
THE AGE OF 25 AT THE TIME OF THE ELECTION AND THOSE OF THE MESHRANO JIRGA
(HOUSE OF THE ELDERS) THE AGE OF 30 AT THE TIME OF THEIR NOMINATION OR
ELECTION.
ARTICLE 47
THE HEAD AND MEMBERS OF THE GOVERNMENT, JUDGES, OFFICERS AND MEMBERS
OF THE ARMED FORCES, OFFICIALS AND OTHER PERSONNEL OF THE ADMINISTRATION
CANNOT BE APPOINTED OR ELECTED TO THE SHURA (PARLIAMENT) WHILE THEY ARE
IN SERVICE.
ARTICLE 48
NO PERSON CAN BE A MEMBER OF BOTH HOUSES SIMULTANEOUSLY.
ARTICLE 49
ELECTIONS SHALL BE GOVERNED BY THE ELECTORAL LAW SUBJECT TO THE
PROVISIONS OF THE CONSTITUTION. NO BILL TO AMEND THE ELECTORAL LAW MAY
BE ENTERTAINED ON THE AGENDA OF EITHER HOUSE OF THE SHURA (PARLIAMENT)
DURING THE LAST TWO YEARS OF THE LEGISLATIVE TERM OF THE WOLESI JIRGA (HOUSE
OF THE PEOPLE).
ARTICLE 50
DOCUMENTS OF MEMBERSHIP ARE AUTHENTICATED IN EACH HOUSE BY THE HOUSE
ITSELF. THE PROCEDURE OF AUTHENTICATION SHALL BE SPECIFIED IN THE RULES
OF PROCEDURE OF THE HOUSE CONCERNED.
ARTICLE 51
NO LEGAL PROCEEDINGS CAN BE BROUGHT AGAINST A MEMBER OF THE SHURA
(PARLIAMENT) FOR EXPRESSING AN OPINION OR IDEA WHILE PERFORMING HIS DUTY
INSIDE OR OUTSIDE THE SHURA (PARLIAMENT). WHENEVER A MEMBER OF THE SHURA
(PARLIAMENT) IS ACCUSED OF AN OFFENSE, THE OFFICIAL RESPONSIBLE SHALL COMMUNICATE
THE MATTER TO THE HOUSE OF WHICH THE ACCUSED IS A MEMBER. THE LEGAL PROCEEDINGS
AGAINST THE ACCUSED SHALL BE INITIATED WHEN THE HOUSE VOTES ITS APPROVAL
BY A TWO THIRDS MAJORITY OF ITS MEMBERS. THE HOUSE CAN ALSO RESCIND ITS
PERMISSION BY A TWO THIRDS MAJORITY VOTE OF ITS MEMBERS. IN THE CASE OF
A WITNESSED CRIME THE OFFICIAL RESPONSIBLE CAN START LEGAL PROCEEDINGS
AND ARREST A MEMBER OF THE SHURA (PARLIAMENT) WITHOUT THE PERMISSION OF
THE HOUSE TO WHICH HE BELONGS. WHENEVER LEGAL PROCEEDINGS DEMAND THE DETENTION
OF THE ACCUSED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW, THE OFFICIAL
RESPONSIBLE IS BOUND TO COMMUNICATE THE MATTER IMMEDIATELY TO THE HOUSE
CONCERNED, AND WITH ITS PERMISSION MAY DETAIN THE ACCUSED. IN CASE THE
ACCUSATION OCCURS DURING THE PERIOD WHERE THE HOUSE IS NOT IN SESSION,
PERMISSION FOR DETENTION SHALL BE OBTAINED FROM THE EXECUTIVE COUNCIL OF
THE HOUSE. THE DECISION OF THE EXECUTIVE COUNCIL SHALL BE PLACED BEFORE
THE HOUSE AT ITS NEXT SESSION FOR APPROPRIATE ACTION.
ARTICLE 52
MEMBERS OF THE SHURA (PARLIAMENT) CANNOT UNDERTAKE ANY OTHER PROFESSION.
THIS RULE DOES NOT APPLY TO AGRICULTURE AND OTHER FREE ENTERPRISES.
ARTICLE 53
SUITABLE SALARIES SHALL BE FIXED IN ACCORDANCE WITH THE LAW FOR
MEMBERS OF SHURA (PARLIAMENT).
ARTICLE 54
EVERY MEMBER OF SHURA (PARLIAMENT) IS ENTITLED TO EXPRESS HIS VIEWS
ON THE SUBJECT OF DEBATE IN HIS HOUSE, IN ACCORDANCE WITH THE RULES OF
PROCEDURE.
ARTICLE 55
THE TWO HOUSES MEET SEPARATELY BUT AT THE SAME TIME. THE MESHRANO
JIRGA (HOUSE OF THE ELDERS) CAN HOLD EXTRAORDINARY SESSIONS TO STUDY THE
BUDGET PROPOSALS OF THE STATE DURING THE TIME WHEN THE WOLESI JIRGA (HOUSE
OF THE PEOPLE) IS ADJOURNED. A JOINT SESSION OF THE TWO HOUSES OF SHURA
(PARLIAMENT) IS HELD WHEN THE KING INAUGURATES THE NEW SHURA (PARLIAMENT)
OR ADDRESSES THE ANNUAL SESSION OF THE SHURA (PARLIAMENT).
ARTICLE 56
THE MEMBERS OF THE GOVERNMENT MAY ATTEND THE MEETINGS OF BOTH HOUSES
OF SHURA (PARLIAMENT). EACH HOUSE MAY DEMAND THE PRESENCE OF THE HEAD OR
MEMBERS OF THE GOVERNMENT AT ITS MEETINGS.
ARTICLE 57
DEBATES IN BOTH HOUSES ARE OPEN EXCEPT WHEN THE GOVERNMENT, THE
PRESIDENT OF THE HOUSE OR AT LEAST TEN MEMBERS REQUEST A SECRET SESSION,
AND THE HOUSE GRANTS ITS APPROVAL. THE HOUSE CAN, WITH A TWO THIRDS MAJORITY
OF THE MEMBERS, CONVENE SECRET PROCEEDINGS INTO OPEN DEBATE. THE PROCEEDINGS
OF BOTH HOUSES OF SHURA (PARLIAMENT) ARE RECORDED. NOBODY MAY ENTER THE
MEETING PLACE OF THE SHURA (PARLIAMENT) BY FORCE. VIOLATORS SHALL BE PUNISHED
ACCORDING TO THE LAW.
ARTICLE 58
EXCEPT IN CASES CLEARLY DEFINED IN THIS CONSTITUTION, DECISIONS
IN EACH HOUSE SHALL BE MADE BY A MAJORITY VOTE OF THE MEMBERS PRESENT.
ARTICLE 59
EACH HOUSE OF SHURA (PARLIAMENT) HOLDS ONE ORDINARY SESSION PER
YEAR, WHICH OPENS ON THE 22ND OF MEEZAN. THE NUMBER OF ANNUAL SESSIONS
CAN BE INCREASED BY LAW. IN SUCH CASES THE LAW SHALL REGULATE THE OPENING
DATE OF THE SESSION AND ITS DURATION. THE WORKING PERIOD OF EACH HOUSE
OF SHURA (PARLIAMENT) IS SEVEN MONTHS PER YEAR. THIS PERIOD MAY BE EXTENDED
BY EACH HOUSE ACCORDING TO THE REQUIREMENTS OF ITS BUSINESS. DURING THE
RECESS PERIOD, AN EXTRAORDINARY SESSION OF SHURA (PARLIAMENT) MAY BE SUMMONED
BY THE KING; OR ON A REQUEST BY THE GOVERNMENT, THE PRESIDENT OF ONE OF
THE HOUSES, OR BY ONE FIFTH OF ITS MEMBERS. THE EXTRAORDINARY SESSION OF
SHURA (PARLIAMENT) ENDS BY A ROYAL DECREE ISSUED AFTER CONSULTATION WITH
THE PRESIDENTS OF BOTH HOUSES.
ARTICLE 60
THE PRESIDENT OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS) IS APPOINTED
FROM AMONGST ITS MEMBERS BY THE KING. THE WOLESI JIRGA (HOUSE OF THE PEOPLE)
ELECTS ONE OF ITS MEMBERS AS PRESIDENT OF THE HOUSE. EACH HOUSE ELECTS
FROM AMONGST ITS MEMBERS ONE FIRST DEPUTY PRESIDENT, ONE SECOND DEPUTY
PRESIDENT, ONE SECRETARY AND ONE DEPUTY SECRETARY. THE ABOVE MENTIONED
PERSONS CONSTITUTE THE EXECUTIVE COUNCIL OF THE HOUSE. THE EXECUTIVE COUNCIL
OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) IS ELECTED AT THE OPENING OF
THE LEGISLATIVE TERM WHILE THE VICE PRESIDENTS, SECRETARY AND DEPUTY SECRETARY
OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS) ARE ELECTED FOR ONE YEAR AT
THE BEGINNING OF EACH ANNUAL SESSION. THE PRESIDENT OF EACH HOUSE CONDUCTS
DEBATES IN THE HOUSE CONCERNED AND ADOPTS NECESSARY MEASURES FOR THE MAINTENANCE
OF LAW AND ORDER ON THE PREMISES OF THE HOUSE. OTHER DUTIES OF THE PRESIDENT
ARE DEFINED IN THE RULES OF PROCEDURE FOR THE HOUSE. IN THE ABSENCE OF
THE PRESIDENT, THE FIRST DEPUTY PRESIDENT, AND IN THE ABSENCE OF THE FIRST
DEPUTY PRESIDENT, THE SECOND DEPUTY PRESIDENT OFFICIATES AS PRESIDENT.
THE SECRETARY OF THE HOUSE RECORDS THE PROCEEDINGS OF THE HOUSE AND SUPERVISES
THE FUNCTIONS OF ITS SECRETARIAT. IN THE ABSENCE OF THE SECRETARY THE DEPUTY
SECRETARY DISCHARGES THE DUTIES OF THE SECRETARY.
ARTICLE 61
EACH HOUSE APPOINTS, IN ACCORDANCE WITH ITS RULES OF PROCEDURE,
COMMITTEES FOR MAKING THOROUGH AND DETAILED STUDY OF THE SUBJECTS UNDER
CONSIDERATION.
ARTICLE 62
EACH HOUSE FORMULATES ITS OWN RULES OF PROCEDURE.
ARTICLE 63
THE SHURA (PARLIAMENT) MAY BE DISSOLVED BY ORDER OF THE KING. THE
DISSOLUTION OF THE SHURA (PARLIAMENT) IS IMPERATIVE UNDER THE CONDITIONS
DESCRIBED IN ARTICLE 121. THE DISSOLUTION OF THE SHURA (PARLIAMENT) ENCOMPASSES
THE NON ELECTED MEMBERS OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS).
ARTICLE 64
THE SHURA (PARLIAMENT) LEGISLATES FOR ORGANIZING THE AFFAIRS OF
THE COUNTRY IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION. THERE
SHALL BE NO LAW REPUGNANT TO THE BASIC PRINCIPLES OF THE SACRED RELIGION
OF ISLAM AND THE OTHER VALUES EMBODIED IN THIS CONSTITUTION. THE RATIFICATION
OF INTERNATIONAL TREATIES, THE DISPATCH ABROAD OF DETACHMENTS OF AFGHAN
ARMED FORCES, THE GRANT OF CONCESSIONS IMPORTANT TO THE NATIONAL ECONOMY
INCLUDING MONOPOLIES, AND THE AUTHORIZATION TO ISSUE MONEY AND OBTAIN LOANS
ARE WITHIN THE COMPETENCE OF THE SHURA (PARLIAMENT). CONCESSIONS WHICH
ARE TO BE RATIFIED BY THE SHURA (PARLIAMENT) SHALL BE DEFINED BY THE LAW.
ARTICLE 65
THE GOVERNMENT IS RESPONSIBLE TO THE WOLESI JIRGA (HOUSE OF THE
PEOPLE).
ARTICLE 66
THE MEMBERS OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) MAY PUT QUESTIONS
TO THE GOVERNMENT. DEBATE ON THE GOVERNMENT EXPLANATION DEPENDS UPON THE
DECISION OF THE HOUSE.
ARTICLE 67
THE MEMBERS OF THE SHURA (PARLIAMENT) MAY ASK QUESTIONS FROM THE
PRIME MINISTER OR THE MINISTERS ABOUT SPECIFIC SUBJECTS. PERSONS THUS ASKED
ARE BOUND TO FURNISH A VERBAL OR WRITTEN ANSWER. THIS ANSWER SHALL NOT
BE MADE SUBJECT OF DEBATE.
ARTICLE 68
THE WOLESI JIRGA (HOUSE OF THE PEOPLE) IS COMPETENT TO APPOINT,
ON PROPOSAL FROM ONE THIRD OF ITS MEMBERS, AN ENQUIRY COMMISSION TO INVESTIGATE
AND STUDY THE CONDUCT OF THE GOVERNMENT AND THE ACTIONS OF THE ADMINISTRATION.
THE COMPOSITION OF THE ENQUIRY COMMISSION AND ITS METHOD OF FUNCTIONING
SHALL BE DEFINED IN THE RULES OF PROCEDURE OF THE HOUSE.
ARTICLE 69
EXCEPTING THE CONDITIONS FOR WHICH SPECIFIC PROVISIONS HAVE BEEN
MADE IN THIS CONSTITUTION, A LAW IS A RESOLUTION PASSED BY BOTH HOUSES,
AND SIGNED BY THE KING. IN THE AREA WHERE NO SUCH LAW EXISTS, THE PROVISIONS
OF THE HANAFI JURISPRUDENCE OF THE SHARIAAT OF ISLAM SHALL BE CONSIDERED
AS LAW.
ARTICLE 70
A LEGISLATIVE BILL MAY BE INTRODUCED TO THE SHURA (PARLIAMENT) BY
THE GOVERNMENT OR THE MEMBERS OF THE SHURA (PARLIAMENT). BILLS RELATING
TO JUDICIAL ADMINISTRATION MAY ALSO BE INTRODUCED BY THE SUPREME COURT.
BILLS RELATING TO BUDGETARY AND FINANCIAL LEGISLATION MAY ONLY ORIGINATE
FROM THE GOVERNMENT.
ARTICLE 71
A LEGISLATIVE BILL MAY TO INTRODUCED TO EITHER OF THE TWO HOUSES
BY THE GOVERNMENT OR THE SUPREME COURT.
ARTICLE 72
WHEN A BILL IS INTRODUCED BY MEMBERS OF ONE OF THE TWO HOUSES, IT
IS PLACED ON THE AGENDA OF THE HOUSE ONLY AFTER IT IS SUPPORTED BY AT LEAST
TEN MEMBERS OF THE HOUSE CONCERNED. A BILL WHICH INVOLVES NEW FINANCIAL
COMMITMENTS OR A REDUCTION IN STATE REVENUE MAY BE PLACED ON THE AGENDA
OF EITHER HOUSE ON CONDITION THAT THE BILL PROVIDES FOR THE SOURCES OF
FINANCING FOR THE COMPENSATION OF THE LOSS. THIS PROVISION DOES NOT APPLY
TO BILLS INTRODUCED BY THE SUPREME COURT.
ARTICLE 73
WHEN A BILL IS PLACED ON THE AGENDA OF EITHER OF THE TWO HOUSES,
IT IS FIRST REFERRED TO THE COMMITTEE CONCERNED, AND AFTER IT HAS BEEN
COMMENTED UPON BY THE COMMITTEE, THE BILL IS READ IN THE HOUSE ALONG WITH
THE COMMENTS OF THE COMMITTEE, AND DEBATED UPON, FOLLOWED BY VOTING ON
EACH ARTICLE. AFTER THIS THE DRAFT IS READ FOR THE SECOND TIME AND PUT
BEFORE THE HOUSE FOR REJECTION OR APPROVAL AS A WHOLE.
ARTICLE 74
WHEN AN ENACTMENT OF ONE HOUSE IS REJECTED BY THE OTHER, A JOINT
COMMITTEE CONSISTING OF AN EQUAL NUMBER OF MEMBERS FROM BOTH HOUSES IS
SET UP, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW, TO SETTLE THE DIFFERENCES.
THE VERDICT OF THE COMMITTEE BECOMES EFFECTIVE AFTER IT RECEIVES THE ROYAL
ASSENT. WHEN THE JOINT COMMITTEE FAILS TO RESOLVE THE DIFFERENCES, THE
ENACTMENT IS CONSIDERED INVALID. IF THE ENACTMENT IS FROM THE WOLESI JIRGA
(HOUSE OF THE PEOPLE), IT MAY BE APPROVED AGAIN BY A MAJORITY OF VOTES
DURING THE NEXT TERM OF LEGISLATION. THE ENACTMENT, WITHOUT REFERENCE TO
THE MESHRANO JIRGA (HOUSE OF THE ELDERS), THEN BECOMES LAW AFTER IT IS
SIGNED BY THE KING. WHEN THE DIFFERENCES BETWEEN THE TWO HOUSES OF THE
SHURA (PARLIAMENT) RELATE TO FINANCIAL BILLS AND ARE NOT RESOLVED BY THE
JOINT COMMITTEE, THE WOLESI JIRGA (HOUSE OF THE PEOPLE) MAY MOVE THE BILL
AGAIN IN THE FOLLOWING SESSION AND APPROVE IT BY A MAJORITY VOTE. THIS
ENACTMENT, WITHOUT REFERENCE TO THE MESHRANO JIRGA (HOUSE OF THE ELDERS),
BECOMES LAW AFTER IT IS SIGNED BY THE KING.
ARTICLE 75
THE STATE BUDGET IS PRESENTED TO THE WOLESI JIRGA (HOUSE OF THE
PEOPLE) THROUGH THE MESHRANO JIRGA (HOUSE OF THE ELDERS) TOGETHER WITH
THEIR ADVISORY COMMENTS. THE PRESIDENT OF THE WOLESI JIRGA (HOUSE OF THE
PEOPLE) REFERS THE BUDGET PROPOSAL, ALONG WITH THE COMMENTS OF THE MESHRANO
JIRGA (HOUSE OF THE ELDERS), TO THE COMMITTEE CONCERNED. AFTERWARDS, THE
BUDGET PROPOSAL, TOGETHER WITH THE COMMENTS OF THE MESHRANO JIRGA (HOUSE
OF THE ELDERS) AND OF THE COMMITTEE CONCERNED, ARE PRESENTED TO THE HOUSE
FOR CONSIDERATION AND DECISION. THIS DECISION IS NOT SUBMITTED TO THE MESHRANO
JIRGA (HOUSE OF THE ELDERS) AND BECOMES EFFECTIVE AFTER IT IS SIGNED BY
THE KING. THIS PROVISION ALSO APPLIES TO DISCUSSIONS ON THE DEVELOPMENT
PLANS OF THE GOVERNMENT IN THE WOLESI JIRGA (HOUSE OF THE PEOPLE). WHENEVER
FOR ANY REASON THE PASSAGE OF THE BUDGET DOES NOT MATERIALIZE BEFORE THE
BEGINNING OF THE NEW FISCAL YEAR, THE BUDGET OF THE PREVIOUS YEAR IS APPLICABLE
UNTIL THE NEW BUDGET IS ADOPTED. THE GOVERNMENT IS BOUND TO SUBMIT TO THE
WOLESI JIRGA (HOUSE OF THE PEOPLE) FINAL ACCOUNTS OF THE BUDGET OF THE
PREVIOUS YEAR AT LEAST ONE MONTH BEFORE THE SUBMISSION OF THE NEW BUDGET.
ARTICLE 76
WHEN THE MESHRANO JIRGA (HOUSE OF THE ELDERS) DOES NOT GIVE ITS
DECISION ON AN ENACTMENT REFERRED TO IT BY THE WOLESI JIRGA (HOUSE OF THE
PEOPLE) WITHIN SIX MONTHS FROM THE DATE OF ITS RECEIPT, THE ENACTMENT IS
CONSIDERED TO HAVE BEEN ADOPTED. IN CALCULATING THIS TIME, THE PERIOD OF
ADJOURNMENT IS NOT TAKEN INTO ACCOUNT.
ARTICLE 77
DURING ADJOURNMENT OR DISSOLUTION OF THE SHURA (PARLIAMENT) THE
GOVERNMENT MAY FORMULATE ORDNANCES FOR REGULATING URGENT MATTERS IN RESPECT
TO PARAGRAPH ONE OF ARTICLE 64. THESE ORDINANCES SHALL BECOME LAW AFTER
BEING SIGNED BY THE KING. THE ORDINANCES SHALL BE SUBMITTED TO THE SHURA
(PARLIAMENT) WITHIN THIRTY DAYS OF THE FIRST MEETING OF THE SHURA (PARLIAMENT).
IF REJECTED THE ORDINANCES SHALL BECOME INVALID.
TITLE FIVE
THE LOYA JIRGA (GREAT COUNCIL)
ARTICLE 78
THE LOYA JIRGA (GREAT COUNCIL) CONSISTS OF MEMBERS OF THE SHURA
(PARLIAMENT) AND THE CHAIRMAN OF THE PROVINCIAL COUNCILS. IN THE EVENT
OF THE DISSOLUTION OF THE SHURA (PARLIAMENT) ITS MEMBERS RETAIN THEIR POSITION
AS MEMBERS OF THE LOYA JIRGA (GREAT COUNCIL) UNTIL A NEW SHURA (PARLIAMENT)
COMES INTO BEING.
ARTICLE 79
SUBJECT TO THE PROVISIONS OF ARTICLES 19, 21 AND 22 OF THIS CONSTITUTION,
THE LOYA JIRGA (GREAT COUNCIL) IS SUMMONED BY A ROYAL PROCLAMATION.
ARTICLE 80
WHEN THE LOYA JIRGA (GREAT COUNCIL) IS IN SESSION, THE PROVISIONS
OF ARTICLE 51 ARE APPLICABLE TO ITS MEMBERS.
ARTICLE 81
THE DELIBERATIONS OF THE LOYA JIRGA (GREAT COUNCIL) ARE OPEN UNLESS
THE GOVERNMENT OR AT LEAST TWENTY MEMBERS OF THE LOYA JIRGA (GREAT COUNCIL)
REQUEST A SECRET SESSION AND THE LOYA JIRGA (GREAT COUNCIL) APPROVES THIS
REQUEST.
ARTICLE 82
THE PRESIDENT OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE), AND IN
HIS ABSENCE, THE PRESIDENT OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS)
PRESIDES OVER THE LOYA JIRGA (GREAT COUNCIL). THE LOYA JIRGA (GREAT COUNCIL),
AT ITS FIRST MEETING, ELECTS ONE OF ITS MEMBERS AS SECRETARY.
ARTICLE 83
EXCEPT IN CASES CLEARLY DEFINED IN THIS CONSTITUTION, THE DECISIONS
OF THE LOYA JIRGA (GREAT COUNCIL) SHALL BE BY A MAJORITY OF THE VOTES OF
ITS MEMBERS PRESENT. THE PROCEDURE OF THE LOYA JIRGA (GREAT COUNCIL) SHALL
BE REGULATED BY LAW, SUBJECT TO THE PROVISIONS OF THIS CONSTITUTION.
ARTICLE 84
THE LOYA JIRGA (GREAT COUNCIL) ENJOYS THE POWERS DEFINED IN THIS
CONSTITUTION.
TITLE SIX
THE GOVERNMENT
ARTICLE 85
THE GOVERNMENT OF AFGHANISTAN CONSISTS OF THE PRIME MINISTER AND
THE MINISTERS. THE PRIME MINISTER IS THE HEAD AND THE MINISTERS ARE THE
MEMBERS OF THE GOVERNMENT. THE NUMBER OF MINISTERS AND THEIR FUNCTIONS
SHALL BE REGULATED BY LAW.
ARTICLE 86
ANY PERSON WHO, IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION,
IS ELIGIBLE FOR ELECTION TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE) MAY
BE APPOINTED AS THE HEAD OR MEMBER OF THE GOVERNMENT. THE HEAD OF THE GOVERNMENT
SHALL BE AN AFGHAN BY BIRTH. THE HEAD AND MEMBERS OF THE GOVERNMENT MAY
BE APPOINTED FROM THE MEMBERS OF THE SHURA (PARLIAMENT) OR OUTSIDE OF IT.
ANY MEMBER OF THE SHURA (PARLIAMENT) APPOINTED AS THE HEAD OR A MEMBER
OF THE GOVERNMENT SHALL CEASE TO BE A MEMBER OF THE SHURA (PARLIAMENT).
ARTICLE 87
THE PRIME MINISTER AND THE MINISTERS CANNOT ENGAGE IN ANY OTHER
PROFESSION DURING THEIR TENURE OF OFFICE.
ARTICLE 88
SUITABLE SALARIES SHALL BE FIXED BY LAW FOR THE HEAD AND MEMBERS
OF THE GOVERNMENT.
ARTICLE 89
THE GOVERNMENT SHALL BE FORMED BY THE PERSON DESIGNATED AS PRIME
MINISTER BY THE KING. THE MEMBERS AND POLICY OF THE GOVERNMENT ARE PRESENTED
BY THE PRIME MINISTER TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE), WHICH,
AFTER DEBATE, RESOLVES ON A VOTE OF CONFIDENCE IN THE GOVERNMENT. WHEN
THE VOTE OF CONFIDENCE IS GIVEN, THE KING ISSUES A ROYAL DECREE APPOINTING
THE HEAD AND MEMBERS OF THE GOVERNMENT. AFTERWARDS THE PRIME MINISTER ACQUAINTS
THE MESHRANO JIRGA (HOUSE OF THE ELDERS) WITH THE POLICY OF THE GOVERNMENT.
ARTICLE 90
WHENEVER A GOVERNMENT FALLS BECAUSE OF THE DEATH OR RESIGNATION
OF THE PRIME MINISTER DURING THE DISSOLUTION OF THE SHURA (PARLIAMENT),
A NEW GOVERNMENT SHALL BE APPOINTED BY A ROYAL DECREE. THE PRIME MINISTER
SHALL INTRODUCE THE MEMBERS OF THE GOVERNMENT AND ITS POLICY TO THE WOLESI
JIRGA (HOUSE OF THE PEOPLE) AT THE OPENING OF THE NEW TERM OF SHURA (PARLIAMENT)
AND SHALL ASK FOR A VOTE OF CONFIDENCE.
ARTICLE 91
THE GOVERNMENT FALLS IN THE FOLLOWING CIRCUMSTANCES:
1) ON THE PRIME MINISTER'S RESIGNATION OR DEATH.
2) ON A VOTE OF NO CONFIDENCE AGAINST THE GOVERNMENT BY THE WOLESI JIRGA
(HOUSE OF THE PEOPLE).
3) ON THE CHARGE OF HIGH TREASON AGAINST THE HEAD OR ALL MEMBERS OF THE
GOVERNMENT, AS STIPULATED IN ARTICLE 93.
4) ON THE DISSOLUTION OF THE SHURA (PARLIAMENT). 5) ON THE TERMINATION
OF THE LEGISLATIVE TERM.
IN THE LAST TWO CASES, THE GOVERNMENT SHALL CEASE TO EXIST WITH
THE FIRST MEETING OF THE NEW WOLESI JIRGA (HOUSE OF THE PEOPLE). IN THE
CASE OF RESIGNATION OF THE PRIME MINISTER, THE GOVERNMENT CEASES TO EXIST
AFTER THE ACCEPTANCE OF THE RESIGNATION BY THE KING. IN THE EVENT OF THE
PRIME MINISTER'S DEATH, ONE OF THE MINISTERS, ON ORDERS FROM THE KING,
DISCHARGES THE DUTIES OF PRIME MINISTER UNTIL A NEW GOVERNMENT IS FORMED.
WHEN THE GOVERNMENT FALLS DUE TO THE ALLEGATION OF HIGH TREASON, UNDER
THE PROVISION OF ARTICLE 93, THE PERSON APPOINTED BY THE KING AS THE PRIME
MINISTER CAN CONTINUE HIS DUTIES WITHOUT RECEIVING A VOTE OF CONFIDENCE
UNTIL THE FIRST MEETING OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) FOLLOWING
THE DECISION OF THE LOYA JIRGA (GREAT COUNCIL) ON THE ALLEGATION. IN ALL
OTHER CASES THE OUTGOING GOVERNMENT SHALL CONTINUE IN OFFICE UNTIL A NEW
GOVERNMENT IS FORMED.
ARTICLE 92
THE VOTE OF NO CONFIDENCE AGAINST THE GOVERNMENT SHALL BE SPECIFIC
AND DIRECT. IN THE TWO LEGISLATIVE TERMS FOLLOWING THE PROMULGATION OF
THIS CONSTITUTION, A VOTE OF NO CONFIDENCE AGAINST THE GOVERNMENT SHALL
BE BY A TWO THIRDS MAJORITY OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) AND
FOR GOVERNMENTS AFTER THAT PERIOD, BY A MAJORITY VOTE OF THE MEMBERS.
ARTICLE 93
WHEN MORE THAN ONE THIRD OF THE MEMBERS OF THE WOLESI JIRGA (HOUSE
OF THE PEOPLE) DEMAND THE IMPEACHMENT OF THE PRIME MINISTER OR OF A MAJORITY
OF THE MEMBERS OF THE GOVERNMENT ON A CHARGE OF HIGH TREASON, AND THE WOLESI
JIRGA (HOUSE OF THE PEOPLE) APPROVES THIS DEMAND BY A TWO THIRDS MAJORITY
OF THE MEMBERS, THE GOVERNMENT FALLS AND A MEETING OF THE LOYA JIRGA (GREAT
COUNCIL) IS CALLED TO APPOINT AN ENQUIRY COMMISSION. IF AFTER STUDYING
THE REPORT OF THE COMMISSION, THE LOYA JIRGA (GREAT COUNCIL) DECIDES BY
A TWO THIRDS MAJORITY VOTE OF THE MEMBERS THAT PROSECUTION IS NECESSARY,
IT COMMISSIONS A MEMBER OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) TO FILE
A SUIT AGAINST THE ACCUSED IN THE SUPREME COURT. THE ABOVE PROVISION SHALL
ALSO APPLY TO ONE OR A FEW MINISTERS NUMBERING LESS THAN HALF WHO ARE ACCUSED
OF HIGH TREASON. AS A RESULT OF THE ACCUSATION, THE ACCUSED SHALL BE RELIEVED
OF HIS DUTIES BUT THE GOVERNMENT SHALL NOT FAIL.
ARTICLE 94
IMPLEMENTATION OF THE PROVISIONS OF THIS CONSTITUTION AND ALL THE
LAWS, ENFORCEMENT OF THE FINAL JUDGMENTS OF THE COURTS, ADOPTION OF NECESSARY
MEASURES FOR THE MAINTENANCE OF PUBLIC ORDER AND SECURITY, REGULATION OF
FINANCIAL AFFAIRS OF THE STATE, PROTECTION OF PUBLIC PROPERTY, DEVELOPMENT
OF THE SOCIAL, CULTURAL AND ECONOMIC CONDITION OF THE PEOPLE, PRESERVATION
OF INDEPENDENCE, DEFENSE OF TERRITORIAL INTEGRITY AND PROTECTION OF THE
INTERESTS AND PRESTIGE OF AFGHANISTAN IN THE INTERNATIONAL COMMUNITY ARE
THE DUTIES OF THE GOVERNMENT. TO REGULATE ITS FUNCTIONS, THE GOVERNMENT
SHALL MAKE REGULATIONS BASED ON LAWS. NO REGULATION SHALL BE REPUGNANT
TO THE LETTER OR SPIRIT OF ANY LAW.
ARTICLE 95
THE COUNCIL OF MINISTERS LAYS DOWN THE BASIC LINES OF THE POLICY
OF THE GOVERNMENT AND APPROVES THOSE REGULATIONS WHICH ARE WITHIN THE COMPETENCE
OF THE GOVERNMENT. THE PRIME MINISTER PRESIDES OVER THE COUNCIL OF MINISTERS,
DIRECTS AND GUIDES THE ACTIVITIES OF THE GOVERNMENT AND SECURES COORDINATION
IN ITS WORK. THE PRIME MINISTER IS ALSO RESPONSIBLE FOR MAINTAINING LIAISON
BETWEEN THE GOVERNMENT, ON THE ONE SIDE, AND THE KING AND THE SHURA (PARLIAMENT)
ON THE OTHER SIDE. THE MINISTERS DISCHARGE THEIR DUTIES, AS HEADS OF THE
ADMINISTRATIVE UNITS, AND AS MEMBERS OF THE GOVERNMENT, UNDER THE ORDER
AND GUIDANCE OF THE PRIME MINISTER WITHIN THE LIMITATIONS ESTABLISHED BY
THIS CONSTITUTION AND THE LAWS.
ARTICLE 96
THE PRIME MINISTER AND THE MINISTERS ARE COLLECTIVELY RESPONSIBLE
TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE) FOR THE GENERAL POLICY OF THE
GOVERNMENT, AND INDIVIDUALLY FOR THEIR PRESCRIBED DUTIES. THE PRIME MINISTER
AND THE MINISTERS ARE ALSO RESPONSIBLE FOR THOSE ACTIONS OF THE GOVERNMENT
CONCERNING WHICH THEY OBTAIN A ROYAL DECREE, IN ACCORDANCE WITH THE PROVISIONS
OF THIS CONSTITUTION.
TITLE SEVEN
THE JUDICIARY
ARTICLE 97
THE JUDICIARY IS ALL INDEPENDENT ORGAN OF THE STATE AND DISCHARGES
ITS DUTIES SIDE BY SIDE WITH THE LEGISLATIVE AND EXECUTIVE ORGANS.
ARTICLE 98
THE JUDICIARY CONSISTS OF A SUPREME COURT AND OTHER COURTS, THE
NUMBER OF WHICH SHALL BE DETERMINED BY LAW. IT IS WITHIN THE JURISDICTION
OF THE JUDICIARY TO ADJUDICATE IN ALL LITIGATION BROUGHT BEFORE IT ACCORDING
TO THE RULES OF LAW, IN WHICH REAL OR LEGAL PERSONS, INCLUDING THE STATE,
ARE INVOLVED EITHER AS PLAINTIFF OR DEFENDANT. UNDER NO CIRCUMSTANCES SHALL
A LAW EXCLUDE FROM THE JURISDICTION OF THE JUDICIARY, AS DEFINED IN THIS
TITLE, A CASE OR SPHERE, AND ASSIGN IT TO OTHER AUTHORITIES. THIS PROVISION
DOES NOT PREVENT THE ESTABLISHMENT OF MILITARY COURTS; BUT THE JURISDICTION
OF THESE COURTS IS CONFINED TO OFFENSES RELATED TO THE ARMED FORCES OF
AFGHANISTAN. THE ORGANIZATION AND JURISDICTION OF THE MILITARY COURTS SHALL
BE DETERMINED BY LAW.
ARTICLE 99
THE JUDGES ARE APPOINTED BY THE KING ON THE RECOMMENDATION OF THE
CHIEF JUSTICE. WHENEVER A JUDGE COMMITS AN OFFENSE, THE SUPREME COURT CONSIDERS
THE CASE OF THE JUDGE, AND AFTER HEARING THE DEFENSE OF THE JUDGE CAN RECOMMEND
HIS DISMISSAL TO THE KING. IN CASE THE RECOMMENDATION IS APPROVED BY THE
KING, THE JUDGE IS DISMISSED FROM OFFICE. TRANSFERS, PROMOTIONS, CALLING
TO ACCOUNT, AND RECOMMENDATIONS FOR RETIREMENT OF THE JUDGES ARE WITHIN
THE COMPETENCE OF THE SUPREME COURT, IN ACCORDANCE WITH THE PROVISION OF
THE LAW. SUITABLE SALARIES FOR THE JUDGES ARE FIXED BY LAW. JUDGES CANNOT
ENGAGE IN OTHER OCCUPATIONS DURING THEIR TENURE OF OFFICE.
ARTICLE 100
IN THE COURTS OF AFGHANISTAN TRIALS ARE HELD OPENLY AND EVERYONE
MAY ATTEND IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE COURT MAY
IN EXCEPTIONAL CASES SPECIFIED IN THE LAW HOLD CLOSED TRIALS. HOWEVER,
THE JUDGMENT SHALL ALWAYS BE OPENLY PROCLAIMED. THE COURTS ARE BOUND TO
STATE IN THEIR JUDGMENTS THE REASONS FOR THEIR VERDICTS.
ARTICLE 101
THE ENFORCEMENT OF ALL FINAL JUDGMENTS OF THE COURTS IS OBLIGATORY
EXCEPT IN THE CASE OF A DEATH SENTENCE WHERE THE EXECUTION OF THE COURT
DECISION IS SUBJECT TO THE KING'S SIGNATURE.
ARTICLE 102
THE COURTS IN THE CASES UNDER THEIR CONSIDERATION SHALL APPLY THE
PROVISIONS OF THIS CONSTITUTION AND THE LAWS OF THE STATE. WHENEVER NO
PROVISION EXISTS IN THE CONSTITUTION OR THE LAWS FOR A CASE UNDER CONSIDERATION,
THE COURT SHALL, BY FOLLOWING THE BASIC PRINCIPLES OF THE HANAFI JURISPRUDENCE
OF THE SHARIAAT OF ISLAM AND WITHIN THE PROVISIONS SET FORTH IN THIS CONSTITUTION,
RENDER A DECISION THAT IN THEIR OPINION SECURES JUSTICE IN THE BEST POSSIBLE
WAY.
ARTICLE 103
INVESTIGATION OF CRIMES SHALL BE CONDUCTED, IN ACCORDANCE WITH THE
PROVISIONS OF THE LAW, BY THE ATTORNEY GENERAL, WHO IS A PART OF THE EXECUTIVE
ORGAN OF THE STATE.
ARTICLE 104
SUBJECT TO THE PROVISIONS OF THIS CONSTITUTION, RULES RELATING TO
THE ORGANIZATION AND THE FUNCTION OF THE COURTS, AND MATTERS CONCERNING
JUDGES SHALL BE REGULATED BY LAW. THE PRINCIPAL AIM OF THESE LAWS SHALL
BE THE ESTABLISHMENT OF UNIFORMITY IN JUDICIAL PRACTICE, ORGANIZATION,
JURISDICTION, AND PROCEDURES OF THE COURTS.
ARTICLE 105
THE SUPREME COURT CONSISTS OF NINE JUDGES APPOINTED BY THE KING.
THE KING SHALL APPOINT THE MEMBERS OF THE SUPREME COURT FROM AMONGST PERSONS
WHO SHALL:
1) HAVE COMPLETED 35 YEARS.
2) BE ELIGIBLE FOR ELECTION TO THE SHURA (PARLIAMENT) IN ACCORDANCE
WITH THE PROVISIONS OF ARTICLE 46.
3) HAVE SUFFICIENT KNOWLEDGE OF JURISPRUDENCE, THE NATIONAL OBJECTIVES,
AND THE LAWS AND LEGAL SYSTEM IN AFGHANISTAN. THE KING APPOINTS ONE OF
THE JUDGES OF THE SUPREME COURT, WHOSE AGE IS NOT LESS THAN 40 AND NOT
OVER 60 YEARS, AS THE CHIEF JUSTICE. THE KING CAN REVIEW THE APPOINTMENT
OF THE CHIEF JUSTICE AND THE JUDGES OF THE SUPREME COURT AFTER THE LAPSE
OF TEN YEARS FROM THE DATE OF THEIR APPOINTMENT TO THE SAID OFFICES. SUBJECT
TO THE PROVISIONS OF THIS ARTICLE AND OF ARTICLE 106, THE CHIEF JUSTICE
AND JUDGES OF THE SUPREME COURT SHALL NOT BE REMOVED FROM THEIR OFFICES
BY ANY OTHER MEANS. EXCEPT IN THE CASE MENTIONED IN ARTICLE 106, THE CHIEF
JUSTICE AND JUDGES OF THE SUPREME COURT SHALL, AFTER THEIR TENURE IN OFFICE,
ENJOY FOR THE REST OF THEIR LIVES ALL THE FINANCIAL PRIVILEGES PERTAINING
TO THE TERM OF THEIR SERVICES. THE CHIEF JUSTICE AND JUDGES OF THE SUPREME
COURT SHALL NOT, AFTER THE TERMINATION OF THEIR SERVICES, BECOME PRIME
MINISTER OR MEMBERS OF THE GOVERNMENT, MEMBERS OF THE SHURA (PARLIAMENT)
OR GOVERNMENT OFFICIALS. THE CHIEF JUSTICE AND MEMBERS OF THE SUPREME COURT
SHALL NOT PARTICIPATE IN POLITICAL PARTIES DURING OR AFTER THEIR TENURE
OF OFFICE.
ARTICLE 106
SHOULD MORE THAN ONE THIRD OF THE MEMBERS OF THE WOLESI JIRGA (HOUSE
OF THE PEOPLE) DEMAND THE IMPEACHMENT OF THE CHIEF JUSTICE OR ONE OR MORE
JUDGES OF THE SUPREME COURT ON A CHARGE OF A CRIME STEMMING FROM THE PERFORMANCE
OF THEIR DUTIES, AND THE WOLESI JIRGA (HOUSE OF THE PEOPLE) APPROVE THIS
DEMAND BY A MAJORITY OF TWO THIRDS OF ITS MEMBERS, THE ACCUSED IS SUSPENDED
FROM OFFICE AND A MEETING OF THE LOYA JIRGA (GREAT COUNCIL) IS CALLED TO
APPOINT A COMMISSION OF ENQUIRY. IF THE LOYA JIRGA (GREAT COUNCIL), AFTER
STUDYING THE REPORT OF THE COMMISSION, DECIDES BY A TWO THIRDS MAJORITY
OF ITS MEMBERS THAT THE PROSECUTION OF THE ACCUSED IS NECESSARY, IT SHALL
APPOINT ONE OF ITS MEMBERS TO FILE A SUIT AND SHALL APPOINT A PANEL OF
EIGHT PERSONS TO ACT AS A TRIBUNAL. THE TRIBUNAL, PRESIDED OVER BY THE
PRESIDENT OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS), SHALL TRY THE ACCUSED
IN ACCORDANCE WITH THE CRIMINAL PROCEDURES OF THE SUPREME COURT. THE ACCUSED,
IF PROVED GUILTY, SHALL BE DISMISSED FROM OFFICE AND PUNISHED.
ARTICLE 107
THE SUPREME COURT IS THE HIGHEST JUDICIAL AUTHORITY IN AFGHANISTAN.
THE SUPREME COURT REGULATES THE ORGANIZATION AND FUNCTIONS OF THE COURTS
AND THE JUDICIAL AFFAIRS OF THE STATE IN ACCORDANCE WITH THE PROVISIONS
OF THIS CONSTITUTION AND THE LAW. THE SUPREME COURT ADOPTS NECESSARY MEASURES
TO ORGANIZE THE ADMINISTRATIVE AFFAIRS OF THE COURTS. THE BUDGET OF THE
JUDICIARY IS PREPARED BY THE CHIEF JUSTICE IN CONSULTATION WITH THE GOVERNMENT
AND, AFTER THE APPROVAL OF THE SUPREME COURT, IS PRESENTED BY THE GOVERNMENT
TO THE SHURA (PARLIAMENT) AS A PART OF THE STATE BUDGET. THE SUPREME COURT
ADMINISTERS THE BUDGET OF THE JUDICIARY. THE PROVISIONS OF THE LAW RELATING
TO CIVIL SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES OF THE STATE ARE APPLICABLE
TO THE CIVIL SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES OF THE JUDICIARY.
HOWEVER, THEIR APPOINTMENT, PROMOTION, DISMISSAL, RETIREMENT, AND CALLING
TO ACCOUNT SHALL BE WITHIN THE COMPETENCE OF THE SUPREME COURT, IN ACCORDANCE
WITH THE LAW.
TITLE EIGHT
THE ADMINISTRATION
ARTICLE 108
THE ADMINISTRATION OF AFGHANISTAN IS BASED UPON THE PRINCIPAL OF
CENTRALIZATION, IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. THE CENTRAL
ADMINISTRATION SHALL BE DIVIDED INTO A NUMBER OF ADMINISTRATIVE UNITS EACH
HEADED BY A MINISTER, AS PROVIDED IN THE LAW. THE UNIT OF LOCAL ADMINISTRATION
IS THE PROVINCE. THE NUMBER, AREA, SUBDIVISIONS AND ORGANIZATION OF THE
PROVINCES SHALL BE FIXED BY LAW.
ARTICLE 109
IN EACH PROVINCE A PROVINCIAL COUNCIL SHALL BE FORMED. THE MEMBERS
OF THE PROVINCIAL COUNCIL SHALL BE ELECTED BY THE RESIDENTS OF THE PROVINCE
IN A FREE, UNIVERSAL, DIRECT AND SECRET ELECTION. THE PROVINCIAL COUNCIL
SHALL ELECT ONE OF ITS MEMBERS AS CHAIRMAN. THE PROVINCIAL COUNCILS SHALL
TAKE PART IN THE REALIZATION OF THE DEVELOPMENT TARGETS OF THE STATE IN
THE MANNER SPECIFIED BY LAW. SIMILARLY, THE PROVINCIAL COUNCILS SHALL ADVISE
THE PROVINCIAL GOVERNMENT ON MATTERS PERTAINING TO THE BETTERMENT OF THE
CONDITION AND THE GENERAL DEVELOPMENT OF THE PROVINCE. THE PROVINCIAL COUNCIL
SHALL DISCHARGE ITS DUTIES IN COOPERATION WITH THE PROVINCIAL GOVERNMENT.
SUITABLE SALARIES FOR THE MEMBERS OF THE PROVINCIAL COUNCILS SHALL BE FIXED
BY LAW.
ARTICLE 110
LAWS SHALL BE FRAMED IN ACCORDANCE WITH THE PRINCIPLES OF THIS TITLE
TO ORGANIZE THE WORK OF THE LOCAL ADMINISTRATION. ONE OF THE OBJECTIVES
OF THESE LAWS SHALL BE THE EXTENSION OF THE COUNCILS TO THE VILLAGE LEVEL
AND THEIR EVER INCREASING PARTICIPATION IN THE LOCAL ADMINISTRATION.
ARTICLE 111
MUNICIPALITIES SHALL BE ORGANIZED TO ADMINISTER THE AFFAIRS OF THE
CITIES. MUNICIPAL COUNCILS SHALL BE ESTABLISHED BY FREE, UNIVERSAL, DIRECT
AND SECRET ELECTION. SUBJECT TO THE PROVISIONS OF THIS TITLE, MATTERS RELATING
TO THE MUNICIPALITIES SHALL BE REGULATED BY LAW.
ARTICLE 112
THE FUNCTIONS OF THE ADMINISTRATION SHALL BE CARRIED OUT BY THE
CIVIL SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES. SUITABLE SALARIES SHALL
BE FIXED BY LAW FOR THE CIVIL SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES.
THE RIGHTS AND DUTIES OF THE CIVIL SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES
SHALL BE REGULATED BY LAW.
TITLE NINE
STATE OF EMERGENCY
ARTICLE 113
WHENEVER THE PRESERVATION OF INDEPENDENCE AND THE CONTINUANCE OF
NATIONAL LIFE BECOME IMPOSSIBLE THROUGH THE CHANNELS PROVIDED FOR IN THIS
CONSTITUTION DUE TO WAR, DANGER OF WAR, SERIOUS DISTURBANCES, OR SIMILAR
CONDITIONS WHICH ENDANGER THE COUNTRY, A STATE OF EMERGENCY SHALL BE DECLARED
BY THE KING. SHOULD A STATE OF EMERGENCY CONTINUE FOR MORE THAN THREE MONTHS,
THE CONCURRENCE OF THE LOYA JIRGA (GREAT COUNCIL) IS IMPERATIVE FOR ITS
EXTENSION.
ARTICLE 114
IN A STATE OF EMERGENCY, THE KING MAY TRANSFER ALL OR PART OF THE
POWERS OF THE SHURA (PARLIAMENT) TO THE GOVERNMENT.
ARTICLE 115
IN A STATE OF EMERGENCY, THE GOVERNMENT, AFTER OBTAINING THE CONCURRENCE
OF THE SUPREME COURT, MAY, BY ORDINANCES, SUSPEND OR IMPOSE RESTRICTIONS
UPON THE FOLLOWING PROVISIONS OF THIS CONSTITUTION:
1) SECTION ONE OF ARTICLE 28.
2) SECTION THREE OF ARTICLE 29.
3) SECTION TWO OF ARTICLE 30.
4) SECTION ONE OF ARTICLE 32.
5) SECTION ONE OF ARTICLE 33.
ARTICLE 116
THE KING MAY, IN A STATE OF EMERGENCY, TRANSFER THE CAPITAL TEMPORARILY
FROM THE CITY (KABUL) TO ANOTHER PLACE.
ARTICLE 117
SHOULD THE LEGISLATIVE TERM OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE)
OR THE TERM OF OFFICE OF A PART OF THE MEMBERS OF THE MESHRANO JIRGA (HOUSE
OF THE ELDERS) COME TO AN END DURING THE STATE OF EMERGENCY, THE KING MAY
POSTPONE THE HOLDING OF NEW ELECTIONS AND EXTEND THE LEGISLATIVE TERM OF
THE WOLESI JIRGA (HOUSE OF THE PEOPLE) OR THE TERM OF OFFICE OF THE SAID
MEMBERS OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS), UNTIL THE STATE OF
EMERGENCY COMES TO AN END. ELECTIONS SHALL BE HELD IMMEDIATELY AFTER THE
TERMINATION OF THE STATE OF EMERGENCY.
ARTICLE 118
THE CONSTITUTION SHALL NOT BE AMENDED DURING A STATE OF EMERGENCY.
ARTICLE 119
AT THE END OF A STATE OF EMERGENCY, THE MEASURES ADOPTED UNDER ARTICLE
115 BECOME IMMEDIATELY INVALID. MEASURES ADOPTED BY THE GOVERNMENT IN ACCORDANCE
WITH THE PROVISIONS OF ARTICLE 114 SHALL BE SUBMITTED TO THE SHURA (PARLIAMENT)
WITHIN ONE MONTH FROM THE DATE OF ITS FIRST MEETING FOLLOWING THE END OF
THE STATE OF EMERGENCY. THESE MEASURES BECOME NULL AND VOID IF THE SHURA
(PARLIAMENT) REJECTS THEM. WHENEVER DURING A STATE OF EMERGENCY A GOVERNMENT
HAS BEEN FORMED WHICH HAS NOT OBTAINED A VOTE OF CONFIDENCE FROM THE WOLESI
JIRGA (HOUSE OF THE PEOPLE) UNDER THE PROVISION OF ARTICLE 114, A MOTION
FOR A VOTE OF CONFIDENCE SHALL BE PUT IMMEDIATELY BEFORE THE WOLESI JIRGA
(HOUSE OF THE PEOPLE) AFTER THE END OF THE STATE OF EMERGENCY, FOR DEBATE
AND DECISION THEREON.
TITLE TEN
AMENDMENT
ARTICLE 120
ADHERENCE TO THE BASIC PRINCIPLES OF ISLAM, CONSTITUTIONAL MONARCH
IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, AND THE VALUES
EMBODIED IN ARTICLE 8 SHALL NOT BE SUBJECT TO AMENDMENT. AMENDMENTS TO
OTHER PROVISIONS OF THE CONSTITUTION MAY BE INITIATED BY THE COUNCIL OF
MINISTERS OR ONE THIRD OF THE MEMBERS OF THE WOLESI JIRGA (HOUSE OF THE
PEOPLE) OR THE MESHRANO JIRGA (HOUSE OF THE ELDERS), IN ACCORDANCE WITH
THE PROVISIONS OF THIS TITLE.
ARTICLE 121
THE PROPOSAL FOR AMENDMENT IS DISCUSSED BY THE LOYA JIRGA (GREAT
COUNCIL), AND IN CASE A MAJORITY OF THE MEMBERS APPROVES ITS NECESSITY,
A COMMITTEE FROM AMONGST ITS MEMBERS SHALL BE APPOINTED TO FORMULATE THE
AMENDMENT. THE COMMITTEE SHALL FORMULATE THE AMENDMENT WITH THE ADVICE
OF THE COUNCIL OF MINISTERS AND THE SUPREME COURT, FOR SUBMISSION TO THE
LOYA JIRGA (GREAT COUNCIL). IN CASE THE LOYA JIRGA (GREAT COUNCIL) APPROVES
THE DRAFT AMENDMENT WITH A MAJORITY VOTE OF ITS MEMBERS, IT IS SUBMITTED
TO THE KING. THE KING SHALL DISSOLVE THE SHURA (PARLIAMENT), CIRCULATE
THE DRAFT AMENDMENT TO THE PUBLIC AND PROCLAIM THE DATE OF THE NEW ELECTIONS.
THE NEW ELECTIONS SHALL TAKE PLACE WITHIN FOUR MONTHS FROM THE DISSOLUTION
OF THE SHURA (PARLIAMENT).
ARTICLE 122
FOLLOWING THE OPENING OF THE SHURA (PARLIAMENT) AND THE FORMATION
OF THE GOVERNMENT THE KING SUMMONS THE LOYA JIRGA (GREAT COUNCIL), WHICH,
AFTER CONSIDERATION, APPROVES OR REJECTS THE TEXT OF THE DRAFT AMENDMENT.
THE DECISION OF THE LOYA JIRGA (GREAT COUNCIL) IN THIS RESPECT SHALL BE
BY A TWO THIRDS MAJORITY VOTE OF ITS MEMBERS AND SHALL BE ENFORCED AFTER
IT HAS BEEN SIGNED BY THE KING.
TITLE ELEVEN
TRANSITIONAL PROVISIONS
ARTICLE 123
SUBJECT TO THE PROVISIONS OF THIS TITLE, THIS CONSTITUTION SHALL
COME INTO FORCE FROM THE DATE IT IS SIGNED AND PROCLAIMED BY THE KING.
ARTICLE 124
AFTER THE KING PROCLAIMS THIS CONSTITUTION, THE NATIONAL ASSEMBLY
AND THE SENATE ARE CONSIDERED TO BE DISSOLVED.
ARTICLE 125
THE NEW SHURA (PARLIAMENT) SHALL BE INAUGURATED ON MEEZAN 22, 1344,
A. H. THE PERIOD BETWEEN THE PROCLAMATION OF THIS CONSTITUTION AND THE
INAUGURATION OF THE NEW SHURA (PARLIAMENT) SHALL BE CONSIDERED THE INTERIM
PERIOD. DURING THE INTERIM PERIOD, THE POWERS OF THE SHURA (PARLIAMENT)
ARE TRANSFERRED TO THE GOVERNMENT. ORDINANCES ISSUED DURING THE INTERIM
PERIOD, UNDER THE PROVISIONS OF THIS TITLE, SHALL BE SUBMITTED TO THE WOLESI
JIRGA (HOUSE OF THE PEOPLE) IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE
77. IF DURING THE INTERIM PERIOD A SITUATION ARISES, WHICH, IN ACCORDANCE
WITH THE PROVISIONS OF THIS CONSTITUTION, NECESSITATES THE CONVENING OF
THE LOYA JIRGA (GREAT COUNCIL), THE DISSOLVED NATIONAL ASSEMBLY AND THE
SENATE SHALL BE SUMMONED AND THE LOYA JIRGA (GREAT COUNCIL) CONSTITUTED
IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 78. IF THE PROVINCIAL COUNCILS
ARE NOT IN EXISTENCE WHEN ONE OF THE ABOVE MENTIONED SITUATIONS ARISES,
THE LOYA JIRGA (GREAT COUNCIL) SHALL BE CONSTITUTED WITHOUT THE CHAIRMEN
OF THE PROVINCIAL COUNCILS.
ARTICLE 126
THE FOLLOWING SHALL BE AMONG THE DUTIES OF THE GOVERNMENT DURING
THE INTERIM PERIOD:
1) TO PREPARE ORDINANCES RELATING TO ELECTIONS, BASIC ORGANIZATION
OF THE STATE, THE PRESS, AND JUDICIAL ORGANIZATION AND JURISDICTION, AND
TO SUBMIT THE SAME TO THE KING FOR HIS SIGNATURE.
2) TO PREPARE DRAFTS OF BILLS RELATING TO POLITICAL PARTIES AND
PROVINCIAL COUNCILS, AND TO SUBMIT THEM TO THE SHURA (PARLIAMENT), CONVENED
AFTER THE INTERIM PERIOD.
3) TO ADOPT NECESSARY MEASURES AND PREPARE THE GROUND FOR THE IMPLEMENTATION
OF THE PROVISIONS OF THIS CONSTITUTION.
ARTICLE 127
THE SUPREME COURT SHALL COME INTO EXISTENCE ON THE 22ND DAY OF MEEZAN,
1346 A.H. IF IN THE INTERIM THE APPLICATION OF THE PROVISIONS OF ARTICLES
15, 17, 19, 21, 22, AND 115 OF THIS CONSTITUTION IS CALLED FOR, THE PROVISIONS
OF THE SAID ARTICLES SHALL BE ENFORCED WITHOUT THE PARTICIPATION OF THE
SUPREME COURT OR THE CHIEF JUSTICE. DURING THE TIME BETWEEN THE PROCLAMATION
OF THIS CONSTITUTION AND THE ESTABLISHMENT OF THE SUPREME COURT, THE KING
HAS THE AUTHORITY TO TAKE NECESSARY MEASURES FOR SECURING THE PERFORMANCE
OF THE FUNCTIONS OF THE SUPREME COURT.
ARTICLE 128
LAWS, ISSUED PRIOR TO THE PROCLAMATION OF THIS CONSTITUTION SHALL
BE CONSIDERED EFFECTIVE PROVIDED THEY ARE NOT REPUGNANT TO THE PROVISIONS
OF THIS CONSTITUTION AND ARE NOT NULLIFIED BY NEW LAWS.
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