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THE CONSTITUTION OF AFGHANISTAN 1987
CONTENTS
DECREE OF THE PRESIDENT OF THE REPUBLIC OF AFGHANISTAN
1 - PREAMBLE
2 - CHAPTER ONE: FOUNDATIONS OF THE POLITICAL SYSTEM
3 - CHAPTER TWO: FOUNDATIONS OF THE SOCIOECONOMIC SYSTEM
4 - CHAPTER THREE: CITIZENSHIP, BASIC RIGHTS FREEDOMS AND OBLIGATIONSOF
THE CITIZENS
5 - CHAPTER FOUR: LOYA JIRGA
6 - CHAPTER FIVE: THE PRESIDENT
7 - CHAPTER SIX: THE NATIONAL ASSEMBLY
8 - CHAPTER SEVEN: THE COUNCIL OF MINISTERS
9 - CHAPTER EIGHT: THE JUDICIARY
10 - CHAPTER NINE: THE ATTORNEY'S OFFICE
11 - CHAPTER TEN: THE CONSTITUTION COUNCIL
12 - CHAPTER ELEVEN: THE LOCAL COUNCILS
13 - CHAPTER TWELVE: THE FOREIGN POLICY
14 - CHAPTER THIRTEEN: MISCELLANEOUS PROVISIONS
DECREE OF THE PRESIDENT OF THE REPUBLIC OF AFGHANISTAN NUMBER
KABUL CITY
DATE (UNDATED)
DECREE ON THE SIGNING AND PROCLAMATION OF THE CONSTITUTION OF THE
REPUBLIC OF AFGHANISTAN.
THE LOYA JIRGA (GRAND ASSEMBLY) OF 8 AND 9 QAUS 1366 (29/30 NOVEMBER
1987) WHICH WAS HELD IN THE CITY OF KABUL ADOPTED THE CONSTITUTION OF THE
REPUBLIC OF AFGHANISTAN AS THE MOST SIGNIFICANT NATIONAL LEGAL INSTRUMENT
IN THIRTEEN CHAPTERS AND ONE HUNDRED FORTY NINE ARTICLES. IN CONFORMITY
WITH THE AUTHORITY BESTOWED UPON THE CONSTITUTION OF THE REPUBLIC OF AFGHANISTAN
WHICH HAS ENTERED INTO FORCE ON THE DAY OF ADOPTION, I HEREBY SIGN AND
PROCLAIM THE CONSTITUTION OF THE REPUBLIC OF AFGHANISTAN FOR ENSURING PEACE
AND TRANQUILITY, FULL IMPLEMENTATION OF THE POLICY OF NATIONAL RECONCILIATION,
PROSPERITY OF THE PEOPLE AND PROGRESS OF BELOVED AFGHANISTAN.
DR NAJIBULLAH, PRESIDENT OF THE REPUBLIC OF AFGHANISTAN
IN THE NAME OF ALLAH, THE BENEFICENT, THE MERCIFUL
OUR BELOVED HOMELAND AFGHANISTAN HAS A PRIDEFUL HISTORY ENRICHED
WITH THE HEROIC STRUGGLES OF OUR COURAGEOUS PEOPLE FOR FREEDOM, INDEPENDENCE,
NATIONAL SOVEREIGNTY, DEMOCRACY AND SOCIAL PROGRESS. THE DEVELOPMENTS WHICH
HAVE TAKEN PLACE IN THE COURSE OF RECENT YEARS HAVE PROVIDED FAVORABLE
CONDITIONS FOR ATTAINING THE LOFTY OBJECTIVES OF THE PROGRESS OF THE HOMELAND
AND PROSPERITY OF THE PEOPLE. IN THE PRESENT STAGE, THE PEOPLE'S DEMOCRATIC
PARTY OF AFGHANISTAN, AS THE INITIATOR AND COORDINATOR OF THE POLICY OF
NATIONAL RECONCILIATION, ACTIVELY CARRIES FORWARD TOGETHER WITH OTHER POLITICAL,
NATIONAL AND DEMOCRATIC FORCES THIS HUMANITARIAN POLICY.
THEREFORE, IN ORDER TO: CONSOLIDATE THE INDEPENDENCE, NATIONAL SOVEREIGNTY
AND DEFEND THE TERRITORIAL INTEGRITY OF THE COUNTRY; ACHIEVE RECONCILIATION
AND STRENGTHEN NATIONAL UNITY KEEPING IN VIEW THE OBJECTIVE REALITIES,
THE BEST TRADITIONS AND CUSTOMS OF THE PEOPLE; ENSURE SOCIAL JUSTICE AND
EQUALITY; DEVELOP NATIONAL ECONOMY AND RAISE THE LIVING STANDARDS OF THE
PEOPLE; RAISE THE ROLE AND PRESTIGE OF OUR BELOVED HOMELAND AFGHANISTAN
IN THE INTERNATIONAL ARENA;
WE, THE REPRESENTATIVES OF THE PEOPLE OF AFGHANISTAN IN THE LOYA
JIRGA, CONSCIOUS OF THE HISTORIC CHANGES THAT HAVE TAKEN PLACE IN OUR HOMELAND
AND IN THE CONTEMPORARY WORLD, FOLLOWING THE TENETS OF THE SACRED RELIGION
OF ISLAM, PRESERVING AND ENRICHING THE HERITAGE OF THE CONSTITUTIONAL MOVEMENT
OF THE COUNTRY, RESPECTING THE UNITED NATIONS' CHARTER AND THE UNIVERSAL
DECLARATION OF HUMAN RIGHTS, ENDORSE THIS CONSTITUTION AS THE MOST IMPORTANT
NATIONAL LEGAL INSTRUMENT ON 9.9.66 (29/30 NOVEMBER 1987) IN 13 CHAPTERS
AND 149 ARTICLES.
CHAPTER ONE
FOUNDATIONS OF THE POLITICAL SYSTEM
ARTICLE ONE:
THE REPUBLIC OF AFGHANISTAN IS AN INDEPENDENT UNITARY AND INDIVISIBLE
STATE HAVING SOVEREIGNTY OVER THE WHOLE OF ITS TERRITORY. THE NATIONAL
SOVEREIGNTY IN THE REPUBLIC OF AFGHANISTAN RESTS WITH THE PEOPLE. THE PEOPLE
EXERCISE NATIONAL SOVEREIGNTY THROUGH LOYA JIRGA, NATIONAL ASSEMBLY AND
LOCAL COUNCILS.
ARTICLE TWO:
THE SACRED RELIGION OF ISLAM IS THE RELIGION OF AFGHANISTAN. IN
THE REPUBLIC OF AFGHANISTAN NO LAW SHALL RUN COUNTER TO THE PRINCIPLES
OF THE SACRED RELIGION OF ISLAM AND OTHER VALUES ENSHRINED IN THIS CONSTITUTION.
ARTICLE THREE:
THE REPUBLIC OF AFGHANISTAN IS A NONALIGNED COUNTRY WHICH DOES NOT
JOIN ANY MILITARY BLOC AND DOES NOT ALLOW ESTABLISHMENT OF FOREIGN MILITARY
BASES ON ITS TERRITORY.
ARTICLE FOUR:
THE DEFENSE OF INDEPENDENCE, NATIONAL SOVEREIGNTY AND TERRITORIAL
INTEGRITY IS ONE OF THE FUNDAMENTAL DUTIES OF THE STATE. THE STATE ENSURES
THE SECURITY AND DEFENSE CAPABILITY OF THE COUNTRY AND EQUIPS THE ARMED
FORCES.
ARTICLE FIVE: IN THE REPUBLIC OF AFGHANISTAN, POLITICAL PARTIES
ARE ALLOWED TO BE FORMED, PROVIDED THEIR PROGRAMS, RULES AND ACTIVITIES
ARE NOT OPPOSED TO THE PROVISIONS OF THIS CONSTITUTION AND THE LAWS OF
THE COUNTRY. A PARTY FORMED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW
CANNOT BE DISSOLVED WITHOUT LEGAL CAUSE.
ARTICLE SIX:
THE NATIONAL FRONT OF THE REPUBLIC OF AFGHANISTAN, AS THE BROADEST,
SOCIOPOLITICAL ORGANIZATION, UNITES POLITICAL PARTIES, SOCIAL ORGANIZATIONS
AND INDIVIDUAL MEMBERS ENROLLED IN THEIR RANKS FOR ENSURING THEIR ACTIVE
PARTICIPATION IN THE SOCIAL, POLITICAL AND CIVIC SPHERES ON THE BASIS OF
A COMMON PROGRAM.
ARTICLE SEVEN:
TRADE UNIONS AND SOCIAL ORGANIZATIONS ARE ALLOWED TO BE FORMED IN
THE REPUBLIC OF AFGHANISTAN IN ACCORDANCE WITH THE LAW. THE STATE ASSISTS
IN PROMOTING THE ROLE OF TRADE UNIONS, PEASANTS' COOPERATIVES, YOUTH, WOMEN'S
AND OTHER SOCIAL ORGANIZATIONS IN ALL SPHERES OF SOCIAL, POLITICAL, ECONOMIC
AND CULTURAL LIFE OF THE COUNTRY AND ENSURES THE COOPERATION AND MUTUAL
RELATIONS OF STATE ORGANS WITH THEM.
ARTICLE EIGHT:
PASHTU AND DARI ARE OFFICIAL LANGUAGES AMONG THE NATIONAL LANGUAGES
OF THE COUNTRY.
ARTICLE NINE:
THE STATE EMBLEM OF THE REPUBLIC OF AFGHANISTAN CONSISTS OF A RISING
SUN, ADYTUM AND PULPIT WITH A GREEN BACKGROUND, ENSCONCED IN TWO SHEAVES
OF WHEAT, A WHEEL AND WITH A TRICOLOR RIBBON IN BLACK, RED AND GREEN.
ARTICLE TEN:
THE STATE FLAG OF THE REPUBLIC OF AFGHANISTAN IS A TRICOLOR DIVIDED
INTO THREE HORIZONTAL EQUAL PARTS IN BLACK, RED AND GREEN STRIPES; THE
EMBLEM SHALL BE, PLACED ON BOTH SIDES OF THE UPPER QUARTER OF THE FLAG
CLOSE TO THE MAST. THE LENGTH OF THE FLAG SHALL BE DOUBLE ITS WIDTH.
ARTICLE ELEVEN:
THE CAPITAL OF THE REPUBLIC OF AFGHANISTAN IS KABUL.
ARTICLE TWELVE:
THE NATIONAL ANTHEM OF THE REPUBLIC OF AFGHANISTAN SHALL BE APPROVED
BY THE HOUSE OF REPRESENTATIVES.
CHAPTER TWO
FOUNDATIONS OF THE SOCIOECONOMIC SYSTEM
ARTICLE THIRTEEN:
THE REPUBLIC OF AFGHANISTAN IS A MULTI-NATIONAL COUNTRY. THE STATE
SHALL FOLLOW THE POLICY OF ALL ROUND GROWTH, UNDERSTANDING, FRIENDSHIP
AND COOPERATION BETWEEN ALL NATIONALITIES, CLANS AND TRIBES OF THE COUNTRY
FOR ENSURING POLITICAL, ECONOMIC, SOCIAL AND CULTURAL EQUALITY AND RAPID
GROWTH AND DEVELOPMENT OF REGIONS WHICH ARE SOCIALLY, ECONOMICALLY AND
CULTURALLY BACKWARD. THE STATE SHALL GRADUALLY PREPARE THE GROUNDS FOR
THE CREATION OF ADMINISTRATIVE UNITS BASED ON NATIONAL CHARACTERISTICS.
ARTICLE FOURTEEN:
THE STATE SHALL ADOPT NECESSARY MEASURES FOR THE GROWTH OF CULTURE,
LANGUAGE AND LITERATURE OF THE PEOPLE OF AFGHANISTAN AS WELL AS PRESERVE
AND DEVELOP THE WORTHY CULTURAL, TRADITIONAL, LINGUISTIC, LITERARY AND
FOLKLORIC LEGACY OF ALL NATIONALITIES, CLANS AND TRIBES.
ARTICLE FIFTEEN:
IN THE REPUBLIC OF AFGHANISTAN FAMILY CONSTITUTES THE BASIC UNIT
OF THE SOCIETY. THE STATE SHALL ADOPT NECESSARY MEASURES FOR ENSURING THE
HEALTH OF MOTHER AND CHILD AND FOR THE UPBRINGING OF CHILDREN.
ARTICLE SIXTEEN:
THE STATE PERMANENTLY TAKES CARE OF THE YOUNG GENERATION AND PROVIDES
NECESSARY OPPORTUNITIES FOR THEIR EDUCATION, EMPLOYMENT, RECREATION, REST,
SPIRITUAL AND PHYSICAL GROWTH AND SHALL HELP THE BLOSSOMING OF THE TALENTS
OF THE YOUTH.
ARTICLE SEVENTEEN:
THE STATE SHALL PROMOTE CONSTRUCTION TO PROVIDE STATE AND COOPERATIVE
HOUSING AND HELP IN THE CONSTRUCTION OF PRIVATE HOUSES.
ARTICLE EIGHTEEN:
THE STATE SHALL IMPLEMENT THE ECONOMIC POLICY AIMED AT MOBILIZATION
AND UTILIZATION OF THE COUNTRY'S RESOURCES FOR REMOVING BACKWARDNESS, RAISING
THE LIVING STANDARDS OF THE PEOPLE AND DEVELOPMENT OF SOCIOECONOMIC STRUCTURE
OF THE SOCIETY. TOWARDS THIS END, THE STATE SHALL FORMULATE AND PUT INTO
PRACTICE SOCIOECONOMIC DEVELOPMENT PLANS.
ARTICLE NINETEEN:
IN THE REPUBLIC OF AFGHANISTAN, STATE, MIXED, COOPERATIVE, RELIGIOUS
TRUST, AND PRIVATE PROPERTY AS WELL AS PROPERTIES OF POLITICAL AND SOCIAL
ORGANIZATIONS EXIST. THE STATE PROTECTS ALL FORMS OF LAWFUL PROPERTIES.
ARTICLE TWENTY:
MINERAL RESOURCES, FORESTS, PASTURES AND OTHER NATIONAL WEALTH,
BASIC ENERGY RESOURCES, HISTORIC RELICS, BANKS, INSURANCE INSTITUTIONS,
MEANS OF COMMUNICATION, RADIO. TELEVISION, MAJOR DAMS, PORTS, MAIN MEANS
OF PRODUCTION IN HEAVY INDUSTRY, TRANSPORT WAYS AND AIR TRANSPORT SHALL
BE STATE PROPERTY. THE STATE SHALL DEVELOP AND STRENGTHEN THE STATE SECTOR
OF THE ECONOMY.
ARTICLE TWENTY ONE:
THE STATE SHALL ASSIST STRENGTHENING AND EXPANSION OF COOPERATIVES
AND SHALL ENCOURAGE THE VOLUNTARY PARTICIPATION OF THE PEOPLE TO THIS END.
ARTICLE TWENTY TWO:
THE STATE ENCOURAGES AND PROTECTS THE ACTIVITY OF INDIVIDUAL CRAFTSMEN
AND THEIR VOLUNTARY PARTICIPATION IN TRADE UNIONS AND COOPERATIVES AND
RENDERS AROUND ASSISTANCE FOR UPGRADING THEIR PROFESSIONAL SKILL, ENSURING
MEANS OF LABOR AND THE SUPPLY OF RAW MATERIALS TO THEM AND SALE OF THEIR
OUTPUT.
ARTICLE TWENTY THREE:
THE STATE GUARANTEES THE RIGHT OF OWNERSHIP OF LAND OF THE PEASANTS
AND OTHER LAND OWNERS IN ACCORDANCE WITH THE LAW. THE STATE SHALL ADOPT
NECESSARY MEASURES FOR THE REALIZATION OF DEMOCRATIC CHANGES IN AGRICULTURE
KEEPING IN VIEW THE INTERESTS OF PEASANTS AND OTHER LAND OWNERS. THE STATE
ENCOURAGES THE ESTABLISHMENT OF BIG AGRICULTURAL AND MECHANIZED STATE,
MIXED AND PRIVATE FARMS AND HELPS THE RECLAMATION OF VIRGIN LANDS:
ARTICLE TWENTY FOUR:
THE STATE GUARANTEES BY LAW THE USE OF PASTURES BY NOMADS AND LIVESTOCK
BREEDERS. THE STATE SHALL ASSIST IN THE CREATION OF FAVORABLE CONDITIONS
FOR THE GROWTH OF ANIMAL HUSBANDRY, SALE OF LIVESTOCK PRODUCTS AND IMPROVEMENT
OF ECONOMIC, SOCIAL AND LIVING STANDARDS OF NOMADS AND LIVESTOCK BREEDERS.
ARTICLE TWENTY FIVE:
THE STATE SHALL GUARANTEE THE SECURITY OF PRIVATE INVESTMENT FOR
THE GROWTH OF NATIONAL ECONOMY AND PROTECT AND ENCOURAGE THE PARTICIPATION
OF NATIONAL CAPITAL HOLDERS IN THE DEVELOPMENT OF INDUSTRY, COMMERCE, CONSTRUCTION,
TRANSPORT AGRICULTURE AND SERVICES IN ACCORDANCE WITH THE LAW. THE STATE
SHALL EXPAND AROUND AND BENEFICIAL RELATIONS WITH PRIVATE ENTREPRENEURS
AND PROTECT THE PRIVATE SECTOR AGAINST THE COMPETITION OF FOREIGN CAPITAL.
THE STATE SHALL TAKE INTO ACCOUNT THE INTERESTS OF PRIVATE SECTOR, IN ACCORDANCE
WITH LAW, WHILE WORKING OUT THE FINANCIAL, CREDIT, CUSTOMS AND PRICE POLICIES.
ARTICLE TWENTYSIX:
IN THE REPUBLIC OF AFGHANISTAN DOMESTIC AND FOREIGN TRADE ARE REGULATED
BY THE STATE, OBSERVING THE PEOPLE'S INTERESTS. TOWARDS THIS END, THE STATE
ENCOURAGES THE ACTIVITY OF NATIONAL CAPITAL HOLDERS IN THE EXPANSION OF
EXPORT AND IMPORT OF GOODS AND DEVELOPMENT OF WHOLESALE AND RETAIL TRADE,
AND, UNDERTAKES THE FIXING AND CONTROLLING OF PRICES. THE STATE SHALL ENCOURAGE
THE AUGMENTATION OF PRODUCTION AND RAISING OF THE QUALITY OF EXPORT GOODS
AND PROTECTS THEM AGAINST THE COMPETITION OF FOREIGN CAPITAL AND MONOPOLIES.
ARTICLE TWENTY SEVEN:
FOR THE GROWTH OF THE NATIONAL ECONOMY, THE STATE PERMITS FOREIGN
INVESTMENT IN THE REPUBLIC OF AFGHANISTAN AND REGULATES IT IN ACCORDANCE
WITH THE LAW.
ARTICLE TWENTY EIGHT:
IN THE REPUBLIC OF AFGHANISTAN, NO FOREIGN CITIZEN SHALL ENJOY THE
RIGHT TO OWN REAL ESTATE SUBJECT TO THE APPROVAL OF THE GOVERNMENT, REAL
ESTATE MAY BE SOLD TO DIPLOMATIC MISSIONS AND FOREIGN GOVERNMENTS ON A
RECIPROCAL BASIS AND ALSO TO INTERNATIONAL ORGANIZATIONS IN WHICH THE REPUBLIC
OF AFGHANISTAN IS A MEMBER.
ARTICLE TWENTY NINE:
THE HEREDITARY RIGHT TO PROPERTY SHALL BE GUARANTEED BY LAW ON THE
BASIS OF ISLAMIC SHARIAT.
ARTICLE THIRTY:
EXPROPRIATION IS ALLOWED ONLY IN PUBLIC INTEREST AND AGAINST JUST
AND PRIOR COMPENSATION IN ACCORDANCE WITH THE LAW. CONFISCATION OF PROPERTY
IS NOT ALLOWED WITHOUT THE SANCTION OF THE LAW AND THE RULING OF A COURT.
ARTICLE THIRTY ONE: IN THE REPUBLIC OF AFGHANISTAN, THE CRITERIA,
RATES AND TYPES OF TAXES AND DUTIES SHALL BE DETERMINED ON THE BASIS OF
LAW AND SOCIAL JUSTICE.
ARTICLE THIRTY TWO:
THE STATE SHALL ADOPT AND IMPLEMENT NECESSARY MEASURES FOR THE PROTECTION
OF NATURE, NATURAL WEALTH AND REASONABLE UTILIZATION OF NATURAL RESOURCES,
IMPROVEMENT OF LIVING ENVIRONMENT, PREVENTION OF POLLUTION OF WATER AND
AIR, AND CONSERVATION AND SURVIVAL OF ANIMALS AND PLANTS.
CHAPTER THREE
CITIZENSHIP, BASIC RIGHTS, FREEDOMS AND
DUTIES OF CITIZENS
ARTICLE THIRTY THREE:
THE CITIZENSHIP OF THE REPUBLIC OF AFGHANISTAN IS EQUAL AND UNIFORM
TO ALL CITIZENS. ACQUISITION AND LOSS OF CITIZENSHIP AND OTHER MATTERS
RELATED TO IT ARE REGULATED BY LAW. EVERY INDIVIDUAL HAVING CITIZENSHIP
OF THE REPUBLIC OF AFGHANISTAN IN ACCORDANCE WITH THE LAW SHALL HE CALLED
AN AFGHAN.
ARTICLE THIRTY FOUR:
NO CITIZENS OF THE REPUBLIC OF AFGHANISTAN SHALL BE EXILED INSIDE
OR OUTSIDE THE COUNTRY.
ARTICLE THIRTY FIVE:
NO CITIZEN OF THE REPUBLIC OF AFGHANISTAN SHALL BE EXTRADITED, TO
A FOREIGN STATE.
ARTICLE THIRTY SIX:
THE CITIZENS OF THE REPUBLIC OF AFGHANISTAN LIVING ABROAD ENJOY
THE PROTECTION OF THE STATE. THE STATE SHALL DEFEND THEIR RIGHTS AND LEGAL
INTERESTS, STRENGTHEN THE RELATIONS OF AFGHANS LIVING ABROAD WITH THE COUNTRY,
AND HELP THEIR RETURN TO THE HOMELAND.
ARTICLE THIRTY SEVEN:
THE REPUBLIC OF AFGHANISTAN GUARANTEES, ACCORDING TO THE LAW, THE
RIGHTS AND FREEDOMS OF FOREIGN CITIZENS AND INDIVIDUALS RESIDING IN AFGHANISTAN
WITHOUT CITIZENSHIP. THEY ARE BOUND TO OBEY THE CONSTITUTION AND OTHER
LAWS OF THE REPUBLIC OF AFGHANISTAN.
ARTICLE THIRTY EIGHT:
CITIZENS OF THE REPUBLIC OF AFGHANISTAN, BOTH MEN AND WOMEN HAVE
EQUAL RIGHTS AND DUTIES BEFORE THE LAW, IRRESPECTIVE OF THEIR NATIONAL,
RACIAL, LINGUISTIC, TRIBAL EDUCATIONAL AND SOCIAL STATUS, RELIGIOUS CREED
POLITICAL CONVICTION, OCCUPATION, KINSHIP, WEALTH, AND RESIDENCE. DESIGNATION
OF ANY ILLEGAL PRIVILEGE OR DISCRIMINATION AGAINST RIGHTS AND DUTIES OF
CITIZENS ARE FORBIDDEN.
ARTICLE THIRTY NINE:
THE RIGHT TO LIFE IS THE NATURAL RIGHT OF EVERY HUMAN BEING. NO
PERSON SHALL BE DEPRIVED OF THIS RIGHT UNLESS BY LAW.
ARTICLE FORTY:
IN THE REPUBLIC OF AFGHANISTAN, THE FREEDOM TO PERFORM RELIGIOUS
RITES IS GUARANTEED TO ALL MUSLIMS. FOLLOWERS OF OTHER RELIGIONS ARE FREE
TO PERFORM THEIR RELIGIOUS RITES. NO INDIVIDUAL HAS THE RIGHT TO ABUSE
RELIGION FOR ANTI-NATIONAL AND ANTI-PEOPLE PROPAGANDA PURPOSES CREATION
OF ENMITY AND COMMISSION OF OTHER DEEDS CONTRARY TO THE INTERESTS OF THE
REPUBLIC OF AFGHANISTAN.
ARTICLE FORTY ONE:
LIBERTY IS THE NATURAL RIGHT OF EVERY HUMAN BEING. THIS RIGHT IS
UNLIMITED, EXCEPT IN SO FAR AS IT HARMS THE FREEDOM OF OTHERS AND PUBLIC
INTERESTS AS DEFINED BY LAW. LIBERTY AND HUMAN DIGNITY ARE INVIOLABLE AND
THE STATE RESPECTS AND PROTECTS THEM. INNOCENCE IS THE ORIGINAL STATE AND
THE ACCUSED IS PRESUMED INNOCENT UNLESS FOUND GUILTY BY A FINAL VERDICT
OF A COURT OF LAW. NO ACT IS CONSIDERED A CRIME, EXCEPT AS PRESCRIBED BY
LAW. NO PERSON SHALL BE ACCUSED OF COMMITTING A CRIME UNLESS IN ACCORDANCE
WITH THE PROVISIONS OF THE LAW. NO PERSON CAN BE ARRESTED OR DETAINED,
EXCEPT IN ACCORDANCE WITH THE LAW. NO PERSON CAN BE PUNISHED UNLESS BY
A VERDICT OF A COURT IN ACCORDANCE WITH THE PROVISIONS OF LAW AND IN PROPORTION
TO THE CRIME COMMITTED. CRIME IS A PERSONAL DEED; NO OTHER PERSON SHALL
BE PUNISHED FOR ITS COMMISSION. THE ACCUSED HAS THE RIGHT TO DEFEND HIMSELF
PERSONALLY OR THROUGH AN ADVOCATE.
ARTICLE FORTY TWO:
IN THE REPUBLIC OF AFGHANISTAN PUNISHMENT INCOMPATIBLE WITH HUMAN
DIGNITY; TORTURE AND EXCRUCIATION ARE PROHIBITED. OBTAINING CONFESSION,
TESTIMONY OR STATEMENT FROM AN ACCUSED OR ANY OTHER PERSON BY COMPULSION
OR THREAT IS PROHIBITED. STATEMENTS OR TESTIMONY TAKEN FROM AN ACCUSED
OR OTHER PERSON BY MEANS OF COMPULSION SHALL NOT BE VALID. A PUBLIC SERVANT
WHO TORTURES AN ACCUSED OR ANY OTHER PERSON FOR OBTAINING STATEMENTS, TESTIMONY
OR CONFESSION, OR WHO ISSUES ORDERS FOR TORTURE, SHALL BE PUNISHED IN ACCORDANCE
WITH THE LAW. ACTING ON THE ORDERS OF SUPERIORS IN THE COMMISSION OF UNLAWFUL
DEEDS CANNOT BE THE GROUND FOR THE PLEA OF INNOCENCE.
ARTICLE FORTY THREE:
INDEBTEDNESS CANNOT BE THE CAUSE OF DEPRIVATION OF A PERSON'S LIBERTY.
THE WAYS AND MEANS OF RECOVERING DEBTS SHALL BE REGULATED BY THE LAW.
ARTICLE FORTY FOUR:
IN THE REPUBLIC OF AFGHANISTAN, THE INVIOLABILITY OF RESIDENCE IS
GUARANTEED. NO PERSON, INCLUDING A STATE REPRESENTATIVE CAN ENTER OR SEARCH
A RESIDENCE WITHOUT THE PERMISSION OF THE RESIDENT AND EXCEPT IN CIRCUMSTANCES
AND UNDER PROCEDURES PRESCRIBED BY THE LAW.
ARTICLE FORTY FIVE:
IN THE REPUBLIC OF AFGHANISTAN, CONFIDENTIALITY OF CORRESPONDENCE,
TELEPHONE CONVERSATIONS, TELEGRAMS AND OTHER COMMUNICATIONS IS GUARANTEED.
NO ONE, INCLUDING A STATE REPRESENTATIVE, SHALL INTERCEPT TELEPHONE CONVERSATIONS,
TELEGRAPHIC COMMUNICATIONS AND OTHER COMMUNICATIONS EXCEPT UNDER THE PROVISIONS
OF THE LAW.
ARTICLE FORTY SIX:
CITIZENS OF THE REPUBLIC OF AFGHANISTAN WHO SUFFER IN THE PERFORMANCE
OF THEIR DUTIES UNLAWFUL DAMAGE BY STATE ORGANS, SOCIAL ORGANIZATIONS AND
RESPONSIBLE OFFICIALS ARE ENTITLED TO COMPENSATION, CONDITIONS AND PROCEDURES
OF WHICH SHALL BE REGULATED BY LAW.
ARTICLE FORTY SEVEN:
CITIZENS OF THE REPUBLIC OF AFGHANISTAN ARE ENTITLED TO TAKE PART
IN SOCIOPOLITICAL LIFE AND THE ADMINISTRATION OF THE STATE, DIRECTLY OR
THROUGH THEIR REPRESENTATIVES.
ARTICLE FORTY EIGHT:
CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO ELECT
OR BE ELECTED. CONDITIONS AND PROCEDURES OF EXERCISING THIS RIGHT SHALL
BE REGULATED BY LAW.
ARTICLE FORTY NINE:
CITIZENS OF THE REPUBLIC OF AFGHANISTAN ENJOY THE RIGHT OF FREEDOM
OF THOUGHT AND EXPRESSION. CITIZENS CAN EXERCISE THIS RIGHT OPENLY, IN
SPEECH AND IN WRITING, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. PRE
CENSORSHIP OF THE PRESS IS NOT ALLOWED.
ARTICLE FIFTY:
CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO ASSEMBLY,
PEACEFUL DEMONSTRATION AND STRIKE, IN ACCORDANCE WITH THE PROVISIONS OF
THE LAW.
ARTICLE FIFTY ONE:
CITIZENS OF THE REPUBLIC OF AFGHANISTAN ENJOY THE RIGHT TO PETITION,
CRITICIZE AND MAKE SUGGESTIONS, EITHER INDIVIDUALLY OR COLLECTIVELY. STATE
ORGANS, SOCIAL ORGANIZATIONS AND RESPONSIBLE OFFICIALS ARE BOUND TO CONSIDER
THE PETITIONS, CRITICISMS AND PROPOSALS AND TAKE NECESSARY ACTIONS IN REGARD
TO THEM WITHIN THE TIME PRESCRIBED BY LAW. PROSECUTION FOR CRITICISM IS
FORBIDDEN.
ARTICLE FIFTY TWO:
CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO WORK AND
ARE ENTITLED TO EQUAL PAY FOR EQUAL WORK. THE STATE, THROUGH ENACTMENT
AND APPLICATION OF JUST AND PROGRESSIVE LABOR LAWS, SHALL PROVIDE NECESSARY
CONDITIONS FOR THE CITIZENS TO ENJOY THIS RIGHT.
ARTICLE FIFTY THREE:
IMPOSITION OF FORCED LABOR IS FORBIDDEN. PERFORMANCE OF COMPULSORY
LABOR IN WAR TIME, NATURAL CALAMITY AND OTHER STATES OF EMERGENCY WHICH
THREATEN PUBLIC LIFE AND WELFARE SHALL BE EXCLUDED FROM THIS.
ARTICLE FIFTY FOUR:
CITIZENS OF THE REPUBLIC OF AFGHANISTAN, SUBJECT TO THE NEEDS OF
THE SOCIETY AND ON THE BASIS OF THE FIELD OF EXPERTISE, HAVE THE RIGHT
TO HOLD STATE POSTS AND CHOOSE THEIR OCCUPATION.
ARTICLE FIFTY FIVE:
CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO REST.
THE STATE DEFINES THE WORKING HOURS AND THE PERIODIC HOLIDAYS WITH SALARY
AND THE SPECIFICATIONS OF WORK DURING HOLIDAYS, FESTIVALS, EIDS AND SHALL
PROVIDE CONDITIONS FOR REST, GROWTH OF CULTURAL, ARTISTIC ESTABLISHMENTS,
PHYSICAL TRAINING, SPORTS AND HEALTHY RECREATION.
ARTICLE FIFTY SIX:
CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO FREE EDUCATION.
THE STATE SHALL ADOPT NECESSARY MEASURES FOR ERADICATION OF ILLITERACY,
GENERALIZATION OF BALANCED EDUCATION, IN MOTHER TONGUE, ENSURING COMPULSORY
PRIMARY EDUCATION, GRADUAL EXPANSION OF GENERAL, INTERMEDIATE, TECHNICAL
AND VOCATIONAL EDUCATION, AND GROWTH OF THE SYSTEM OF HIGHER EDUCATION
FOR TRAINING NATIONAL CADRES. IN THE REPUBLIC OF AFGHANISTAN FOREIGN NATIONALS
ARE ALLOWED TO ESTABLISH SCHOOLS IN ACCORDANCE WITH THE PROVISIONS OF THE
LAW. THESE SCHOOLS SHALL BE BASED OF THE FOREIGNERS ONLY.
ARTICLE FIFTY SEVEN:
CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO HEALTH
AND SOCIAL SECURITY. THE STATE SHALL ADOPT NECESSARY MEASURES FOR EXPANSION
OF ALL-ROUND, BALANCED AND NATION WIDE MEDICAL SERVICES, EXPANSION OF HOSPITALS,
HEALTH CENTERS, TRAINING OF DOCTORS AND PERSONNEL FOR MEDICAL SERVICES,
UNIVERSAL PREVENTION OF DISEASES, EXPANSION OF FREE HEALTH SERVICES, ARRANGEMENT
AND ENCOURAGEMENT OF PRIVATE MEDICAL SERVICES, IMPROVEMENT OF MATERIAL
WELFARE OF THE ELDERLY, WAR AND WORK DISABLED AND DEPENDENTS OF MARTYRS.
ARTICLE FIFTY EIGHT:
CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO SCIENTIFIC,
TECHNICAL AND ARTISTIC ACTIVITIES. THE STATE ENSURES SYSTEMATIC PROGRESS
OF SCIENCE AND TRAINING OF SCIENTIFIC CADRES, PROTECTS THE RIGHTS OF AUTHORS
AND INVENTORS, ENCOURAGES AND PROTECTS SCIENTIFIC RESEARCH IN ALL SPHERES
AND GENERALIZES THE EFFECTIVE USE OF THE RESULTS OF SCIENTIFIC RESEARCH.
ARTICLE FIFTY NINE:
CITIZENS OF THE REPUBLIC OF AFGHANISTAN HAVE THE RIGHT TO TRAVEL
AND FREE CHOICE OF DOMICILE AND RESIDENCE IN THE COUNTRY. THE STATE IS
AUTHORIZED TO BAN TEMPORARILY TRAVEL, SETTLEMENT AND RESIDENCE IN PARTICULAR
AREAS OF THE COUNTRY FOR THE PURPOSES OF MAINTAINING SECURITY AND PUBLIC
ORDER, PREVENTION OF EPIDEMIC DISEASES AND PROTECTION OF THE RIGHTS AND
LIBERTIES OF INDIVIDUALS.
ARTICLE SIXTY:
CITIZENS OF THE REPUBLIC OF AFGHANISTAN ENJOY ACCORDING TO LAW THE
RIGHT TO TRAVEL ABROAD AND RETURN HOME.
ARTICLE SIXTY ONE:
EVERY CITIZEN OF THE REPUBLIC OF AFGHANISTAN IS BOUND TO OBSERVE
THE CONSTITUTION AND THE LAWS OF THE REPUBLIC OF AFGHANISTAN. IGNORANCE
OF PROVISIONS OF LAW IS NO EXCUSE.
ARTICLE SIXTY TWO:
CITIZENS OF THE REPUBLIC OF AFGHANISTAN AND FOREIGNERS ARE BOUND
TO PAY TAXES AND DUTIES TO THE STATE IN ACCORDANCE WITH THE PROVISIONS
OF THE LAW.
ARTICLE SIXTY THREE:
THE DEFENSE OF HOMELAND, INDEPENDENCE, NATIONAL SOVEREIGNTY AND
TERRITORIAL INTEGRITY OF THE COUNTRY IS THE PRIDEFUL DUTY OF THE CITIZENS
OF THE REPUBLIC OF AFGHANISTAN. CONDITIONS OF SERVICE IN THE ARMED FORCES
SHALL BE REGULATED BY LAW.
ARTICLE SIXTY FOUR:
THE STATE SHALL PROVIDE NECESSARY CONDITIONS FOR THE CITIZENS TO
EXERCISE THEIR FUNDAMENTAL RIGHTS AND FREEDOMS AND DISCHARGE THEIR DUTIES.
NO PERSON HAS THE RIGHT TO EXERCISE THE RIGHTS AND FREEDOMS ENSHRINED IN
THE LAW AGAINST PUBLIC INTEREST AND TO THE DETRIMENT OF THE RIGHTS AND
FREEDOMS OF OTHER CITIZENS.
CHAPTER FOUR
LOYA JIRGA (GRAND ASSEMBLY)
ARTICLE SIXTY FIVE:
THE LOYA JIRGA IS THE HIGHEST MANIFESTATION OF THE WILL OF THE PEOPLE
OF AFGHANISTAN IN ACCORDANCE WITH NATIONAL HISTORICAL TRADITIONS.
ARTICLE SIXTY SIX:
THE LOYA JIRGA CONSISTS OF:
1) TEN MEMBERS OF THE NATIONAL ASSEMBLY.
2) THE PEOPLE'S DEPUTIES FROM EACH PROVINCE AND ITS EQUIVALENT.
3) GOVERNORS OF PROVINCES AND MAJOR OF KABUL.
4) PRIME MINISTER, DEPUTY PRIME MINISTERS AND MEMBERS OF THE COUNCIL OF
MINISTERS,
5) CHIEF JUSTICE, DEPUTY CHIEF JUSTICES AND JUDGES OF THE SUPREME COURT.
6) ATTORNEY GENERAL AND HIS DEPUTIES.
7) CHAIRMAN AND MEMBERS OF THE CONSTITUTIONAL COUNCIL.
8) MEMBERS OF THE EXECUTIVE BOARD OF THE NATIONAL FRONT.
9) A MAXIMUM OF FIFTY PERSONS FROM AMONG PROMINENT POLITICAL, SCIENTIFIC,
SOCIAL AND SPIRITUAL FIGURES TO BE APPOINTED BY THE PRESIDENT ON THE BASIS
OF THE RECOMMENDATION OF THE SECRETARIAT OF THE NATIONAL FRONT.
ARTICLE SIXTY SEVEN:
THE LOYA JIRGA ENJOYS THE FOLLOWING POWERS:
1) TO APPROVE AND AMEND THE CONSTITUTION.
2) TO ELECT THE PRESIDENT AND TO ACCEPT THE PRESIDENT'S RESIGNATION.
3) TO CONSENT TO THE DECLARATION OF WAR AND ARMISTICE.
4) TO ADOPT DECISIONS ON THE MOST IMPORTANT QUESTIONS REGARDING THE DESTINY
OF THE COUNTRY.
ARTICLE SIXTY EIGHT:
SAVE IN CASES OTHERWISE DEFINED IN THIS CONSTITUTION, THE LOYA JIRGA
SHALL BE SUMMONED AND OPENED BY THE PRESIDENT AND ITS SESSIONS SHALL BE
HELD UNDER THE CHAIRMANSHIP OF THE PRESIDENT OR ANY OTHER PERSON APPOINTED
BY THE PRESIDENT AS HIS REGENT. THE QUORUM FOR THE LOYA JIRGA SHALL BE
TWO THIRD OF ITS MEMBERS PRESENT. SAVE IN CASES OTHERWISE DEFINED IN THIS
CONSTITUTION, THE DECISIONS OF THE LOYA JIRGA SHALL BE ADOPTED BY A MAJORITY
VOTE OF ITS MEMBERS.
ARTICLE SIXTY NINE:
DURING THE TIME WHEN THE HOUSE OF REPRESENTATIVES REMAINS DISSOLVED,
ITS MEMBERS SHALL RETAIN THEIR MEMBERSHIP OF THE LOYA JIRGA TILL A NEW
HOUSE IS ELECTED.
ARTICLE SEVENTY:
ELECTIONS TO LOYA JIRGA SHALL BE REGULATED BY LAW AND ITS PROCEDURE
LAID DOWN BY THE LOYA JIRGA ITSELF.
CHAPTER FIVE
THE PRESIDENT
ARTICLE SEVENTY ONE:
THE PRESIDENT IS THE HEAD OF THE STATE AND SHALL EXERCISE HIS POWERS
IN LEGISLATIVE, EXECUTIVE AND JUDICIAL SPHERES IN ACCORDANCE WITH THE PROVISIONS
OF THIS CONSTITUTION AND THE LAWS OF THE REPUBLIC OF AFGHANISTAN.
ARTICLE SEVENTY TWO:
THE PRESIDENT SHALL BE ELECTED BY A MAJORITY VOTE OF THE MEMBERS
OF THE LOYA JIRGA FOR A TERM OF SEVEN YEARS. NO PERSON CAN BE ELECTED AS
PRESIDENT FOR MORE THAN TWO TERMS. THE PRESIDENT IS ACCOUNTABLE AND SHALL
REPORT TO LOYA JIRGA. THE LOYA JIRGA SHALL BE CALLED TO ELECT A NEW PRESIDENT
THIRTY DAYS BEFORE THE END OF THE TERM OF OFFICE OF THE OUTGOING PRESIDENT.
ARTICLE SEVENTY THREE:
ANY MUSLIM CITIZEN OF THE REPUBLIC OF AFGHANISTAN WHO HAS COMPLETED
THE AGE OF FORTY AND WHO AND WHOSE WIFE ARE BORN OF AFGHAN PARENTS AND
ENJOYS CIVIL AND POLITICAL RIGHT CAN BE ELECTED PRESIDENT.
ARTICLE SEVENTY FOUR:
THE PRESIDENT, AFTER BEING ELECTED, SHALL TAKE THE FOLLOWING OATH:
'I SWEAR IN THE NAME OF ALLAH, THE ALMIGHTY, TO PROTECT THE PRINCIPLES
OF SACRED RELIGION OF ISLAM, OBSERVE THE CONSTITUTION OF THE REPUBLIC OF
AFGHANISTAN AND SUPERVISE ITS IMPLEMENTATION, SAFEGUARD THE INDEPENDENCE,
NATIONAL SOVEREIGNTY AND TERRITORIAL INTEGRITY OF AFGHANISTAN, PRESERVE
THE BASIC RIGHTS AND FREEDOMS OF THE CITIZENS AND EXERT ALL MY EFFORTS
TO ENSURE SOCIAL JUSTICE, PEOPLE'S PROSPERITY, STRENGTHENING OF PEACE AND
PROGRESS IN THE COUNTRY'.
ARTICLE SEVENTY FIVE:
THE PRESIDENT SHALL ENJOY THE FOLLOWING POWERS IN ADDITION TO THOSE
ENTRUSTED TO HIM BY OTHER PROVISIONS OF THE CONSTITUTION:
1) SUPREME COMMAND OF THE ARMED FORCES.
2) TO SIGN LAWS AND RESOLUTIONS OF THE NATIONAL ASSEMBLY.
3) TO APPOINT THE PRIME MINISTER DESIGNATE TO FORM THE GOVERNMENT.
4) TO APPROVE THE HEAD AND MEMBERS OF THE GOVERNMENT AFTER THEY
HAVE RECEIVED THE VOTE OF CONFIDENCE OF THE NATIONAL ASSEMBLY AND TO ACCEPT
THEIR RESIGNATIONS.
5) TO CONVENE AND PRESIDE OVER THE COUNCIL OF MINISTERS WHEN NECESSARY.
6) TO APPROVE THE APPOINTMENT, PROMOTION AND PENSION OF JUDGES,
HIGH RANKING OFFICIALS AND OFFICERS OF THE ARMED FORCES, ACCORDING TO THE
PROVISIONS OF THE LAW.
7) TAKE DECISIONS ON ASCERTAINING PUBLIC OPINION OR HOLDING REFERENDUM
ON MAJOR POLITICAL, SOCIAL AND ECONOMIC ISSUES.
8) PARDON AND REMIT SENTENCES.
9) ACCREDIT THE HEADS OF DIPLOMATIC MISSIONS OF THE REPUBLIC OF
AFGHANISTAN TO FOREIGN COUNTRIES AND INTERNATIONAL ORGANISATIONS.
10) ACCEPT THE CREDENTIALS OF THE HEADS OF DIPLOMATIC MISSIONS OF
FOREIGN STATES TO THE REPUBLIC OF AFGHANISTAN. 11) PROCLAIM A STATE OF
EMERGENCY, GENERAL AND PARTIAL MOBILIZATION AND THEIR TERMINATION. 12)
DECLARE WAR AND ARMISTICE WITH THE CONSENT OF LOYA JIRGA. 13) AUTHORIZE
THE ISSUE OF MONEY. 14) GRANT CITIZENSHIP AND ASYLUM IN ACCORDANCE WITH
THE LAW. 15) GRANT HONOURARY ORDERS, MEDALS AND TITLES AS PER THE LAW.
16) EXERCISE OTHER POWERS IN ACCORDANCE WITH THE LAW.
ARTICLE SEVENTY SIX:
THE PRESIDENT SHALL CONTINUE IN OFFICE TILL THE END OF HIS TERM
EXCEPT IN THE EVENT OF PROTRACTED AND IRREVERSIBLE ILLNESS AND OR RESIGNATION.
IN ALL CASES WHEN THE PRESIDENT IS UNABLE TO DISCHARGE HIS DUTIES, THE
PRESIDENTIAL FUNCTIONS SHALL BE ENTRUSTED TO THE FIRST VICE PRESIDENT.
IN CASE OF PERMANENT LOSS OF ABILITY TO WORK, DEATH OR RESIGNATION OF THE
PRESIDENT, THE FIRST VICE PRESIDENT SHALL INVITE THE LOYA JIRGA WITHIN
ONE MONTH TO ELECT A NEW PRESIDENT. IN THE EVENT OF RESIGNATION, THE PRESIDENT
SHALL SUBMIT HIS RESIGNATION DIRECTLY TO THE LOYA JIRGA.
CHAPTER SIX
THE NATIONAL ASSEMBLY
ARTICLE SEVENTY SEVEN:
THE NATIONAL ASSEMBLY IS THE HIGHEST LEGISLATIVE ORGAN OF THE REPUBLIC
OF AFGHANISTAN.
ARTICLE SEVENTY EIGHT:
THE NATIONAL ASSEMBLY CONSISTS OF TWO HOUSES: THE HOUSE OF REPRESENTATIVES
AND THE SENATE.
ARTICLE SEVENTY NINE:
THE MEMBERS OF THE HOUSE OF REPRESENTATIVES SHALL BE ELECTED FROM
ELECTORAL CONSTITUENCIES HAVING EQUAL POPULATION, FOR A LEGISLATIVE TERM
OF FIVE YEARS. MEMBERS OF THE SENATE (SENATORS) ARE ELECTED AND APPOINTED
IN THE FOLLOWING MANNER:
1) TWO PERSONS FROM EACH PROVINCE AND EQUIVALENT UNITS FOR A PERIOD
OF FIVE YEARS.
2) TWO PERSONS FROM AMONG THE MEMBERS OF EACH PROVINCIAL COUNCIL
AND ITS EQUIVALENT ELECTED BY THE COUNCIL FOR A TERM OF THREE YEARS.
3) THE REMAINING ONE THIRD OF THE MEMBERS SHALL BE APPOINTED FOR
A PERIOD OF THREE YEARS BY THE PRESIDENT FROM AMONGST WELL INFORMED, SCHOLARLY,
PRESTIGIOUS AND NATIONAL FIGURES.
ARTICLE EIGHTY:
THE NUMBER, CONDITIONS, PROCEDURE OF ELECTION AND APPOINTMENT OF
THE MEMBERS OF THE NATIONAL ASSEMBLY SHALL BE REGULATED BY LAW.
ARTICLE EIGHTY ONE:
IN ADDITION TO OTHER POWERS PRESCRIBED IN THIS CONSTITUTION, THE
NATIONAL ASSEMBLY SHALL ENJOY THE FOLLOWING POWERS:
1) TO APPROVE, AMEND AND REPEAL LAWS AND LEGISLATION DECREES AND
TO PRESENT THEM TO THE PRESIDENT FOR SIGNATURE.
2) TO INTERPRET LAWS.
3) TO RATIFY AN ANNUL INTERNATIONAL TREATIES.
4) TO APPROVE SOCIO-ECONOMIC DEVELOPMENT PLANS AND ENDORSE THE GOVERNMENT'S
REPORT ON THEIR EXECUTION.
5) TO APPROVE THE STATE BUDGET AND EVALUATE THE REPORT ON ITS EXECUTION.
6) TO ESTABLISH ADMINISTRATIVE UNITS AND MAKE CHANGES IN THEM.
7) TO ESTABLISH AND ABOLISH MINISTRIES AND CENTRAL ORGANS EQUIVALENT
TO THEM.
8) TO DECIDE ON THE APPOINTMENT AND REMOVAL OF VICE PRESIDENTS ON
THE BASIS OF RECOMMENDATION AND REQUEST OF THE PRESIDENT.
9) TO AUTHORIZE THE STATE TO RECEIVE LOANS AND GRANT PRIVILEGES
OF SUBSTANTIAL IMPORTANCE IN NATIONAL ECONOMY, INCLUDING MONOPOLY.
10) TO INSTITUTE BY LAW HONOURARY ORDERS, MEDALS AND TITLES.
11) TO ENDORSE ESTABLISHMENT OF RELATIONS WITH FOREIGN COUNTRIES
AND INTERNATIONAL ORGANISATIONS.
12) TO ELICIT REPLIES FROM THE PRIME MINISTER AND OTHER MEMBERS
OF GOVERNMENT CONCERNING PERFORMANCE RELATING TO THEIR AUTHORITY DURING
INTERPELLATIONS SESSION.
ARTICLE EIGHTY TWO:
THE HOUSE OF REPRESENTATIVES SHALL HAVE THE FOLLOWING EXCLUSIVE
POWERS:
1) TO PASS A VOTE OF CONFIDENCE OR NO CONFIDENCE IN THE COUNCIL
OF MINISTERS OR ONE OF ITS MEMBERS.
2) TO TAKE FINAL DECISION ON THE DRAFT PLANS FOR ECONOMIC AND SOCIAL
DEVELOPMENT AND THE STATE BUDGET IN THE EVENT OF DISAGREEMENT BETWEEN THE
HOUSE OF REPRESENTATIVES AND THE SENATE.
ARTICLE EIGHTY THREE:
EACH HOUSE OF THE NATIONAL ASSEMBLY SHALL APPOINT AT ITS FIRST SESSION,
A COMMISSION FROM AMONG ITS MEMBERS TO AUTHENTICATE THE CREDENTIALS. THE
COMMISSION SHALL REPORT THE RESULTS OF ITS FINDINGS TO THE HOUSE CONCERNED.
THE HOUSE SHALL CONFIRM THE CREDENTIALS OF THE DEPUTIES OF THE NATIONAL
ASSEMBLY ON THE BASIS OF THE REPORT AND IN CASE OF VIOLATION OF THE ELECTORAL
LAW, THE HOUSE SHALL DECLARE THE CREDENTIALS OF THE MEMBER CONCERNED AS
INVALID.
ARTICLE EIGHTY FOUR:
THE HOUSE OF REPRESENTATIVES ELECTS AT ITS FIRST SESSION FROM AMONG
ITS MEMBERS AN EXECUTIVE COMMITTEE COMPOSED OF A CHAIRMAN, TWO DEPUTY CHAIRMEN
AND TWO SECRETARIES FOR THE WHOLE TERM OF THE LEGISLATURE. THE SENATE ELECTS
FROM AMONG ITS MEMBERS AN EXECUTIVE COMMITTEE COMPOSED OF A CHAIRMAN FOR
A TERM OF FIVE YEARS, TWO DEPUTY CHAIRMEN AND TWO SECRETARIES FOR A TERM
OF ONE YEAR. THE CHAIRMAN OF EACH HOUSE OF THE NATIONAL ASSEMBLY SHALL
CONDUCT AND MAINTAIN ORDER IN THE RESPECTIVE SESSIONS OF THE HOUSES. IN
THE ABSENCE OF THE CHAIRMAN ONE OF THE DEPUTY CHAIRMEN SHALL DISCHARGE
HIS DUTIES.
ARTICLE EIGHTY FIVE:
THE ORDINARY SESSIONS OF THE NATIONAL ASSEMBLY ARE HELD TWICE A
YEAR, IN THE FIRST WEEK OF THE MONTH OF SUNBOLA AND THE FIRST WEEK OF THE
MONTH OF HOOT. EACH REGULAR SESSION OF THE NATIONAL ASSEMBLY, SHALL NOT
EXTEND TO MORE THAN THREE MONTHS. IF THE NATIONAL ASSEMBLY IS DISCUSSING
THE ANNUAL BUDGET OR THE DEVELOPMENT PLAN, ITS SESSION SHALL NOT BE WOUND
UP BEFORE THEIR ENDORSEMENT. IF THE BUDGET IS NOT ENDORSED BEFORE THE BEGINNING
OF THE FISCAL YEAR, THE BUDGET OF THE PREVIOUS YEAR SHALL APPLY TILL THE
ENDORSEMENT OF THE NEW ANNUAL BUDGET. AN EXTRAORDINARY SESSION OF THE NATIONAL
ASSEMBLY CAN BE HELD ON THE DECISION OF THE PRESIDENT, REQUEST OF CHAIRMAN
OF EITHER HOUSE OR OF ONE FIFTH OF MEMBERS OF EACH HOUSE.
ARTICLE EIGHTY SIX:
THE HOUSES OF NATIONAL ASSEMBLY SHALL HOLD SEPARATE OR JOINT SESSIONS.
THE JOINT SESSIONS OF THE NATIONAL ASSEMBLY ARE CHAIRED ALTERNATELY BY
THEIR CHAIRMEN. THE PRESIDENT INAUGURATES AND CONCLUDES THE SESSION OF
THE NATIONAL ASSEMBLY. THE FIRST SESSION OF NATIONAL ASSEMBLY SHALL BE
SUMMONED BY THE PRESIDENT, THIRTY DAYS AFTER THE CONCLUSION OF THE ELECTIONS
TO THE HOUSE OF REPRESENTATIVES.
ARTICLE EIGHTY SEVEN:
THE QUORUM FOR BOTH HOUSES OF THE NATIONAL ASSEMBLY SHALL BE COMPLETED
WHEN TWO THIRD OF THE MEMBERS OF EACH HOUSE ARE PRESENT. THE DECISION OF
EACH HOUSE IS PASSED BY A MAJORITY VOTE OF ITS TOTAL MEMBERSHIP.
ARTICLE EIGHTY EIGHT:
THE SEPARATE AND JOINT SESSIONS OF THE HOUSES OF NATIONAL ASSEMBLY
SHALL BE OPEN, UNLESS THE HOUSES DECIDE TO MEET IN CLOSED SESSIONS. THE
PROCEEDINGS OF THE DEBATES OF BOTH THE HOUSES SHALL BE RECORDED.
ARTICLE EIGHTYNINE: EACH HOUSE OF THE NATIONAL ASSEMBLY SHALL ELECT
FROM AMONG ITS MEMBERS STANDING COMMISSIONS FOR THE PRELIMINARY CONSIDERATION
AND ARRANGEMENT OF THE ISSUES WITHIN ITS COMPETENCE AND THE SUPERVISION
OF THE IMPLEMENTATION OF LAWS AND DECISIONS OF THE HOUSE.
ARTICLE NINETY:
EACH HOUSE OF THE NATIONAL ASSEMBLY IS EMPOWERED TO CONSTITUTE INVESTIGATION,
AUDITING AND OTHER TEMPORARY COMMISSIONS AS MAY BE REQUIRED. THE TASKS
AND PROCEDURES OF THE INVESTIGATION AND AUDITING COMMISSIONS SHALL BE REGULATED
BY THE RESPECTIVE HOUSES OF THE NATIONAL ASSEMBLY.
ARTICLE NINTY ONE:
MEMBER OF THE HOUSE OF REPRESENTATIVES HAVE THE RIGHT TO PUT QUESTIONS
TO THE PRIME MINISTER OR ANY MEMBER OF THE GOVERNMENT IN THE INTERPELLATIONS
SESSION. ANSWERS TO THE QUESTIONS SHALL BE PRESENTED IN WRITING OR ORALLY.
THE HOUSE OF REPRESENTATIVES CAN CONSIDER ON THE BASIS OF THE ANSWERS PRESENTED
THE MOTION OF VOTE OF CONFIDENCE IN THE GOVERNMENT. A GOVERNMENT WHICH
FAILS TO RECEIVE THE VOTE OF CONFIDENCE SHALL CONTINUE IN OFFICE TILL A
NEW GOVERNMENT IS FORMED.
ARTICLE NINETY TWO:
MEMBERS OF THE COUNCIL OF MINISTERS, HAVING CONSULTATIVE VOTE MAY
ATTEND THE MEETINGS OF THE NATIONAL ASSEMBLY.
ARTICLE NINETY THREE:
MEMBERS OF THE NATIONAL ASSEMBLY HAVE THE RIGHT TO VOTE AND EXPRESS
THEIR VIEWS IN SEPARATE AND JOINT SESSIONS. NO MEMBER OF THE NATIONAL ASSEMBLY
SHALL BE SUBJECTED TO LEGAL PROSECUTION FOR A VOTE OR VIEWS EXPRESSED INSIDE
OR OUTSIDE THE NATIONAL ASSEMBLY. SAVE IN CASES OF PRIMA FACIE EVIDENCE
OF CRIMES, NO MEMBER OF THE NATIONAL ASSEMBLY CAN BE ARRESTED, DETAINED
OR SUBJECTED TO JUDICIAL SURVEILLANCE WITHOUT THE CONSENT OF THE HOUSE
CONCERNED OR WITHOUT THE CONSENT OF ITS EXECUTIVE COMMITTEE DURING THE
INTERVAL BETWEEN TWO SESSIONS OF THE NATIONAL ASSEMBLY. IF A MEMBER OF
THE NATIONAL ASSEMBLY IS ARRESTED ON A PRIMA FACIE CASE, THE EXECUTIVE
COMMITTEE OF THE HOUSE CONCERNED SHALL BE INFORMED.
ARTICLE NINETY FOUR:
THE FOLLOWING AUTHORITIES HAVE THE RIGHT TO PROPOSE INTRODUCTION,
AMENDMENT AND REPEAL OF LAW IN EACH HOUSE OF THE NATIONAL ASSEMBLY:
1) THE PRESIDENT.
2) THE STANDING COMMISSIONS OF THE NATIONAL ASSEMBLY.
3) AT LEAST ONE TENTH OF MEMBERSHIP OF EACH HOUSE.
4) THE COUNCIL OF MINISTERS.
5) THE SUPREME COURT.
6) THE ATTORNEY GENERAL.
7) THE EXECUTIVE BOARD OF THE NATIONAL FRONT.
8) COUNCIL OF ULEMA AND CLERGYMEN.
ARTICLE NINETY FIVE:
SAVE IN CASES DEFINED OTHERWISE IN THIS CONSTITUTION, THE DECISIONS
OF ONE OF THE HOUSES RELATING TO POWERS DESCRIBED UNDER ARTICLE EIGHTYONE
SHALL BE DELIVERED TO THE OTHER HOUSE. IF THE DECISION OF ONE HOUSE IS
REJECTED BY THE OTHER, A JOINT COMMITTEE CONSISTING OF AN EQUAL NUMBER
OF MEMBERS OF BOTH HOUSES SHALL BE SET UP. THE DECISION OF THE JOINT COMMITTEE
SHALL COME INTO FORCE AFTER IT IS SIGNED BY THE PRESIDENT. IF THE JOINT
COMMITTEE FAILS TO RESOLVE DIFFERENCES, THE MATTER SHALL BE DISCUSSED IN
THE JOINT SESSION OF THE NATIONAL ASSEMBLY AND DECISION TAKEN BY A MAJORITY
VOTE OF THE JOINT SESSION.
ARTICLE NINETY SIX:
THE DECISIONS OF THE NATIONAL ASSEMBLY ARE ENFORCED AFTER SIGNATURE
BY THE PRESIDENT. IN CASE THE PRESIDENT DOES NOT AGREE WITH THE DECISIONS
OF THE NATIONAL ASSEMBLY, HE CAN RETURN THEM TO THE NATIONAL ASSEMBLY WITHIN
30 DAYS FROM THE DATE OF RECEIPT ALONG WITH HIS REASONS. AFTER THE ELAPSE
OF THIS PERIOD, AND ALSO IF THE NATIONAL ASSEMBLY ENDORSES THE DECISION
IN ITS NEXT SESSION WITH TWO THIRDS VOTES OF ITS MEMBERS, THE DECISION
SHALL BECOME EFFECTIVE AND THE PRESIDENT SHALL SIGN IT.
ARTICLE NINETY SEVEN:
IN CONSULTATION WITH THE CHAIRMEN OF THE HOUSE OF REPRESENTATIVES
AND THE SENATE, THE PRIME MINISTER AND THE CHIEF JUSTICE, THE PRESIDENT
CAN DECLARE THE DISSOLUTION OF THE HOUSE OF REPRESENTATIVES STATING THE
REASONS OF JUSTIFICATION. REELECTIONS SHALL BE HELD WITHIN THIRTY DAYS
AFTER THE DISSOLUTION OF THE HOUSE OF REPRESENTATIVE. THE NEW HOUSE OF
REPRESENTATIVES CANNOT BE DISSOLVED TILL ONE YEAR AFTER REELECTIONS. THE
HOUSE OF REPRESENTATIVES CANNOT BE DISSOLVED DURING THE LAST SIX MONTHS
OF OFFICE OF THE PRESIDENT.
ARTICLE NINETY EIGHT:
THE LAWS AND RESOLUTIONS OF THE NATIONAL ASSEMBLY SHALL BE PUBLISHED
IN PASHTU AND DARI LANGUAGES AND CAN BE PUBLISHED IN THE LANGUAGES OF OTHER
NATIONALITIES OF THE COUNTRY AS WELL.
ARTICLE NINETY NINE:
THE PROCEDURE OF FUNCTIONING OF THE NATIONAL ASSEMBLY AND ITS STANDING
COMMISSIONS SHALL BE REGULATED BY THE NATIONAL ASSEMBLY.
CHAPTER SEVEN
THE COUNCIL OF MINISTERS
ARTICLE ONE HUNDRED:
THE COUNCIL OF MINISTERS (GOVERNMENT) IS THE HIGHEST EXECUTIVE AND
ADMINISTRATIVE ORGAN OF STATE POWER IN THE REPUBLIC OF AFGHANISTAN. THE
COUNCIL OF MINISTERS IS COMPOSED OF:
- PRIME MINISTER
- DEPUTY PRIME MINISTERS
- MINISTERS, PRESIDENTS OF CENTRAL ORGANS EQUIVALENT
TO MINISTRIES.
ARTICLE ONE HUNDRED AND ONE:
THE PRIME MINISTER DESIGNATE SHALL PRESENT TO THE FIRST SESSION
OF THE HOUSE OF REPRESENTATIVES THE HOME AND FOREIGN POLICY LINE OF THE
GOVERNMENT AND THE COMPOSITION OF HIS GOVERNMENT FOR SEEKING THE VOTE OF
CONFIDENCE OF THE HOUSE. AFTER RECEIVING THE VOTE OF CONFIDENCE AND APPROVAL
OF THE PRESIDENT, THE PRIME MINISTER SHALL PRESENT THE DOMESTIC AND FOREIGN
POLICY LINE AND INTRODUCE MEMBERS OF THE GOVERNMENT TO THE SENATE.
ARTICLE ONE HUNDRED AND TWO:
THE COUNCIL OF MINISTERS IS RESPONSIBLE TO THE HOUSE OF REPRESENTATIVES
AND THE PRESIDENT AND SHALL SUBMIT REPORTS TO THEM.
ARTICLE ONE HUNDRED AND THREE:
THE COUNCIL OF MINISTERS HAS THE FOLLOWING DUTIES AND POWERS:
1) FORMULATE AND IMPLEMENT THE DOMESTIC AND FOREIGN POLICIES.
2) ENSURE THE EXECUTION OF MATTERS RELATING TO NATIONAL ECONOMY;
FORMULATE THE SOCIOECONOMIC DEVELOPMENT PLANS, PREPARE THE STATE BUDGET,
IMPLEMENT PLANS AND BUDGET AND REPORT TO THE NATIONAL ASSEMBLY ON THEIR
EXECUTION
3) TAKE MEASURES FOR DEFENDING THE INTERESTS OF THE STATE, PROTECT
ALL FORMS OF LEGAL PROPERTIES, ENSURE PUBLIC ORDER AND SECURITY AND SAFEGUARD
THE RIGHTS, AND FREEDOMS OF THE CITIZENS.
4) OVERALL GUIDANCE OF FOREIGN RELATIONS, ESTABLISHMENT OF DIPLOMATIC
TIES AND CONCLUSION OF AGREEMENTS WITH FOREIGN STATES AND INTERNATIONAL
ORGANISATIONS ACCORDING TO LAW.
5) CREATE OFFICES AND ORGANS RELATED TO THE COUNCIL OF MINISTERS.
6) OTHER POWERS ACCORDING TO PROVISIONS OF LAW. THE COUNCIL OF MINISTERS
OF THE REPUBLIC OF AFGHANISTAN APPROVES REGULATIONS, RULES AND OTHER LEGAL
DOCUMENTS IN THE JURISDICTION OF ITS POWERS.
ARTICLE ONE HUNDRED AND FOUR:
IN THE INTERVAL BETWEEN SESSIONS OF THE NATIONAL ASSEMBLY, AND IN
THE EVENT OF DISSOLUTION OF THE HOUSE OF REPRESENTATIVES, THE COUNCIL OF
MINISTERS MAY, IF URGENTLY REQUIRED, ISSUE LEGISLATIVE ORDINANCES ON MATTERS
WITHIN THE POWERS OF THE NATIONAL ASSEMBLY, EXCLUDING MATTERS RELATING
TO BUDGET AND FINANCIAL AFFAIRS. THESE LEGISLATIVE ORDINANCES SHALL COME
INTO FORCE AFTER SIGNATURE BY THE PRESIDENT. THE COUNCIL OF MINISTERS SHALL
SUBMIT TO THE FIRST PERIODIC SESSION OF THE NATIONAL ASSEMBLY FOR APPROVAL
THE LEGISLATIVE ORDINANCES WHICH ARE PROMULGATED IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE. IF THE ORDINANCES ARE REJECTED BY THE NATIONAL
ASSEMBLY, THEY BECOME VOID FROM THAT DATE. IN THE INTERVAL BETWEEN TWO
SESSIONS OF THE NATIONAL ASSEMBLY OR IN THE PERIOD OF DISSOLUTION OF THE
HOUSE OF REPRESENTATIVES, THE PRESIDENT MAY, ON THE RECOMMENDATION OF THE
PRIME MINISTER, APPOINT OR DISMISS ANY MEMBER OF THE GOVERNMENT. THE MATTER
SHALL THEN BE SUBMITTED TO THE FIRST SESSION OF THE HOUSE OF REPRESENTATIVES
TO DECIDE UPON.
ARTICLE ONE HUNDRED AND FIVE:
THE TERM OF THE COUNCIL OF MINISTER SHALL EXPIRE AT THE END OF THE
LEGISLATIVE TERM OF THE HOUSE OF REPRESENTATIVES. THE COUNCIL OF MINISTERS
SHALL CARRY ON ITS ACTIVITIES TILL A NEW GOVERNMENT IS FORMED. ARTICLE
ONE HUNDRED AND SIX: THE ORGANIZATION, COMPOSITION, AND ACTIVITIES OF THE
COUNCIL OF MINISTERS SHALL BE REGULATED BY LAW.
CHAPTER EIGHT
JUDICIARY
ARTICLE ONE HUNDRED AND SEVEN:
JUDICIARY IS AN INDEPENDENT COMPONENT OF THE STATE.
ARTICLE ONE HUNDRED AND EIGHT:
JUDGMENT IN THE REPUBLIC OF AFGHANISTAN SHALL BE DELIVERED ONLY
BY A COURT IN ACCORDANCE WITH THE PROVISIONS OF LAW. COURTS IN THE REPUBLIC
OF AFGHANISTAN INCLUDE: SUPREME COURT, PROVINCIAL COURTS, DIVISIONAL COURTS,
DISTRICT COURTS, CITY COURTS, SUBDISTRICT COURTS, PRECINCT COURTS AND,
MILITARY COURTS.
ARTICLE ONE HUNDRED AND NINE:
THE SUPREME COURT, AS THE HIGHEST JUDICIAL ORGAN, HEADS THE UNIFIED
SYSTEM OF JUSTICE IN THE COUNTRY AND IS COMPOSED OF THE CHIEF JUSTICE,
DEPUTY CHIEF JUSTICES AND JUDGES. THE SUPREME COURT SHALL, IN ACCORDANCE
WITH THE PROVISIONS OF LAW, SUPERVISE THE ACTIVITIES OF THE COURTS AND
ENSURE THE UNIFORM APPLICATION OF LAW BY COURTS.
ARTICLE ONE HUNDRED AND TEN:
THE CHIEF JUSTICE, DEPUTY CHIEF JUSTICES AND JUDGES OF SUPREME COURT
SHALL BE APPOINTED BY THE PRESIDENT FOR A TERM OF SIX YEARS. THE SUPREME
COURT IS ACCOUNTABLE TO THE PRESIDENT AND SHALL REPORT TO HIM.
ARTICLE ONE HUNDRED AND ELEVEN:
THE COURT SHALL BE INDEPENDENT IN THEIR JUDGMENT AND SHALL SUBMIT
ONLY TO THE LAW. TRIAL AND VERDICT BY COURTS SHALL BE BASED ON THE PRINCIPLE
OF EQUALITY OF PARTIES BEFORE THE LAW AND THE COURT.
ARTICLE ONE HUNDRED AND TWELVE:
THE JUDGES SHALL APPLY THE PROVISIONS OF THE CONSTITUTION AND THE
LAWS OF THE REPUBLIC OF AFGHANISTAN IN THE CASES UNDER THEIR CONSIDERATION.
WHEN NO EXPLICIT PROVISION EXISTS IN THE LAW, THE COURT SHALL, FOLLOWING
THE PROVISIONS OF THE SHARIAT OF ISLAM, RENDER A DECISION THAT SECURES
JUSTICE IN THE BEST POSSIBLE WAY.
ARTICLE ONE HUNDRED AND THIRTEEN:
TRIAL IN THE COURTS OF THE REPUBLIC OF AFGHANISTAN SHALL BEHELD
OPENLY. THE CONDITIONS UNDER WHICH CASES ARE TO BE CONDUCTED IN CLOSED
TRIALS SHALL BE DETERMINED BY LAW. THE VERDICT OF THE COURT SHALL BE PRONOUNCED
OPENLY IN ALL CIRCUMSTANCES.
ARTICLE ONE HUNDRED AND FOURTEEN:
THE TRIAL AND JUDGMENT BY THE COURTS SHALL BE CONDUCTED IN PASHTU
AND DARI LANGUAGES OR IN THE LANGUAGE OF THE MAJORITY OF THE RESIDENTS
OF THE PLACE. IF A PARTY TO THE CASE DOES NOT UNDERSTAND THE LANGUAGE IN
WHICH THE TRIAL IS CONDUCTED, HE HAS THE RIGHT TO BECOME ACQUAINTED WITH
THE MATERIALS AND DOCUMENTS OF THE CASE THROUGH AN INTERPRETER AND THE
RIGHT TO ADDRESS THE COURT IN HIS MOTHER TONGUE.
ARTICLE ONE HUNDRED AND FIFTEEN:
THE VERDICT BY THE COURT SHALL CONTAIN THE STATEMENT OF REASONS
AND EVIDENCE. THE FINAL VERDICT OF THE COURT IS BINDING, EXCEPT IN THE
CASE OF A DEATH SENTENCE WHICH IS EXECUTED AFTER THE APPROVAL OF THE PRESIDENT.
ARTICLE ONE HUNDRED AND SIXTEEN:
THE ORGANIZATION, COMPOSITION, POWERS AND PROCEDURE OF WORK OF THE
COURTS SHALL BE REGULATED BY LAW.
CHAPTER NINE
THE ATTORNEY OFFICE
ARTICLE ONE HUNDRED AND SEVENTEEN:
THE ATTORNEY OFFICE OF THE REPUBLIC OF AFGHANISTAN IS A UNIFIED
SYSTEM BASED ON THE PRINCIPLE OF CENTRALISM AND SHALL CONSIST OF: OFFICE
OF THE ATTORNEY GENERAL, PROVINCIAL, DIVISIONAL, DISTRICT, SUBDISTRICT,
CITY AND PRECINCT ATTORNEY OFFICES AND THE ATTORNEY OFFICE OF THE ARMED
FORCES. THE STATE CAN SET UP A SPECIAL ATTORNEY OFFICE WITHIN THE UNIFIED
ATTORNEY SYSTEM.
ARTICLE ONE HUNDRED AND EIGHTEEN:
THE ATTORNEY GENERAL SHALL LEAD THE ACTIVITIES OF THE ATTORNEY OFFICES
OF THE COUNTRY. THE ATTORNEY OFFICES ARE INDEPENDENT IN THE PERFORMANCE
OF THEIR DUTIES AND ARE SUBJECT ONLY TO THE LAW AND THE ATTORNEY GENERAL.
ARTICLE ONE HUNDRED AND NINETEEN:
THE ATTORNEY GENERAL AND HIS DEPUTIES ARE APPOINTED BY THE PRESIDENT
FOR A TERM OF SIX YEARS. THE ATTORNEY GENERAL IS ACCOUNTABLE TO THE PRESIDENT
AND SHALL REPORT TO HIM.
ARTICLE ONE HUNDRED AND TWENTY:
HIGH SUPERVISION OVER THE IMPLEMENTATION AND UNIFORM OBSERVANCE
OF LAWS BY THE MINISTRIES AND OTHER CENTRAL ORGANS OF STATE ADMINISTRATION,
EXECUTIVE COMMITTEES OF LOCAL COUNCILS, STATE, MIXED AND PRIVATE INSTITUTIONS,
DEPARTMENTS, COOPERATIVES, POLITICAL PARTIES AND SOCIAL ORGANISATIONS,
OFFICIALS IN CHARGE AND CITIZENS SHALL BE UNDERTAKEN BY THE ATTORNEY GENERAL
AND THE ATTORNEYS SUBORDINATE TO HIM.
ARTICLE ONE HUNDRED AND TWENTY ONE:
THE ORGANIZATION, COMPOSITION, POWERS AND PROCEDURE OF ACTIVITY
OF THE ATTORNEY OFFICE SHALL BE REGULATED BY LAW.
CHAPTER TEN
THE CONSTITUTION COUNCIL
ARTICLE ONE HUNDRED AND TWENTY TWO:
THE CONSTITUTION COUNCIL OF THE REPUBLIC OF AFGHANISTAN SHALL BE
FORMED TO ENSURE THE CONFORMITY OF LAWS, OTHER LEGISLATIVE DOCUMENTS AND
INTERNATIONAL TREATIES WITH THE CONSTITUTION.
ARTICLE ONE HUNDRED AND TWENTY THREE:
THE CONSTITUTION COUNCIL SHALL EXERCISE THE FOLLOWING POWERS:
1) EVALUATE THE UNIFORMITY OF LAWS, LEGISLATIVE DECREES AND INTERNATIONAL
TREATIES WITH THE CONSTITUTION.
2) GIVE LEGAL AND JUDICIAL ADVICE TO THE PRESIDENT ON CONSTITUTIONAL MATTERS.
ARTICLE ONE HUNDRED AND TWENTY FOUR:
IN ORDER TO EXERCISE ITS POWERS THE CONSTITUTION COUNCIL HAS THE
RIGHT TO:
1) SCRUTINIZE THE LEGISLATIVE DOCUMENTS PRESENTED FOR THE PRESIDENT'S
SIGNATURE AND EXPRESS OPINION ON THEIR CONFORMITY WITH THE CONSTITUTION
OF THE REPUBLIC OF AFGHANISTAN.
2) SUBMIT CONCRETE PROPOSALS TO THE PRESIDENT ON MEASURES REGARDING THE
DEVELOPMENT OF LEGISLATIVE AFFAIRS AS REQUIRED BY THE CONSTITUTION.
ARTICLE ONE HUNDRED AND TWENTY FIVE:
THE CONSTITUTION COUNCIL SHALL BE COMPOSED OF A CHAIRMAN AND EIGHT
MEMBERS WHO ARE APPOINTED BY THE PRESIDENT FOR A TERM OF SIX YEARS.
ARTICLE ONE HUNDRED AND TWENTY SIX:
THE CONSTITUTION COUNCIL IS ACCOUNTABLE TO THE PRESIDENT AND SHALL
REPORT TO HIM.
ARTICLE ONE HUNDRED AND TWENTY SEVEN:
THE ORGANIZATION AND PROCEDURE OF ACTIVITY OF THE CONSTITUTION COUNCIL
SHALL BE REGULATED BY LAW.
CHAPTER ELEVEN
THE LOCAL COUNCILS
ARTICLE ONE HUNDRED AND TWENTY EIGHT:
FOR THE PURPOSES OF LOCAL ADMINISTRATION THE REPUBLIC OF AFGHANISTAN
IS DIVIDED INTO PROVINCES, DIVISIONS, DISTRICTS, CITIES, SUBDISTRICTS,
PRECINCTS AND VILLAGES. THE ORGANS OF STATE POWER IN THE ADMINISTRATIVE
UNITS ARE THEIR LOCAL COUNCILS. THE EXECUTIVE ORGANS OF THE LOCAL COUNCILS
ARE THE EXECUTIVE COMMITTEE SELECTED BY THE LOCAL COUNCILS OF PEOPLE'S
DEPUTIES. THE EXECUTIVE COMMITTEE OF LOCAL COUNCILS ARE LED BY GOVERNORS
OF PROVINCES, DIVISIONS AND DISTRICTS RESPECTIVELY AS WELL AS SUBDISTRICT
ADMINISTRATORS, VILLAGE CHIEFS, MAYORS AND HEADS OF PRECINCTS.
ARTICLE ONE HUNDRED AND TWENTY NINE:
LOCAL ORGANS OF STATE POWER AND ADMINISTRATION SHALL DEAL WITH ALL
PROBLEMS RELATING TO LOCAL ADMINISTRATION, KEEPING IN VIEW THE PUBLIC INTEREST.
ALL LOCAL INSTITUTIONS, ORGANISATIONS AND OFFICES ARE DUTY BOUND TO IMPLEMENT
THE DECISIONS OF THE LOCAL COUNCILS AND THEIR EXECUTIVE COMMITTEES.
ARTICLE ONE HUNDRED AND THIRTY:
THE TERM OF OFFICE OF LOCAL COUNCILS IS THREE YEARS.
ARTICLE ONE HUNDRED AND THIRTY ONE:
THE ORGANIZATION, DUTIES, POWERS, ELECTION PROCEDURE AND ACTIVITIES
OF LOCAL COUNCILS SHALL BE REGULATED BY LAW.
CHAPTER TWELVE
FOREIGN POLICY
ARTICLE ONE HUNDRED AND THIRTY TWO:
THE FOREIGN POLICY OF THE REPUBLIC OF AFGHANISTAN RESTS ON ENSURING
THE NATIONAL INTERESTS, CONSOLIDATION OF INDEPENDENCE AND NATIONAL SOVEREIGNTY,
TERRITORIAL INTEGRITY OF THE COUNTRY, PRESERVATION OF WORLD PEACE AND SECURITY,
PEACEFUL COEXISTENCE, EQUALITY OF RIGHTS AND ALL-ROUND DEVELOPMENT OF INTERNATIONAL
COOPERATION.
ARTICLE ONE HUNDRED AND THIRTY THREE:
THE REPUBLIC OF AFGHANISTAN RESPECTS AND OBSERVES THE UNITED NATIONS
CHARTER, THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND OTHER ACCEPTED PRINCIPLES
AND NORMS OF INTERNATIONAL LAW.
ARTICLE ONE HUNDRED AND THIRTY FOUR:
THE REPUBLIC OF AFGHANISTAN PURSUES THE POLICY OF NON ALIGNMENT
AS A SIGNIFICANT PRINCIPLE OF THE STATE'S FOREIGN POLICY AND AS ONE OF
THE FOUNDERS OF THE NON-ALIGNED MOVEMENT STRIVES FOR ACHIEVING ITS OBJECTIVES.
ARTICLE ONE HUNDRED AND THIRTY FIVE:
THE REPUBLIC OF AFGHANISTAN IS IN FAVOUR OF ESTABLISHING AND CONSOLIDATION
OF FRIENDLY RELATIONS WITH ALL COUNTRIES, PARTICULARLY THE NEIGHBOURING
AND ISLAMIC ONES IRRESPECTIVE OF THEIR SOCIOPOLITICAL AND ECONOMIC SYSTEMS,
BASED ON THE PRINCIPLES OF EQUALITY OF RIGHTS, MUTUAL RESPECT OF INDEPENDENCE,
NATIONAL SOVEREIGNTY, TERRITORIAL INTEGRITY, NON INTERFERENCE IN EACH OTHER'S
INTERNAL AFFAIRS, NON RESORT TO FORCE OR THREAT OF USE OF FORCE, DENUNCIATION
OF ALL FORMS OF INTERFERENCE AND AGGRESSION AND SINCERE FULFILLMENT OF
INTERNATIONAL COMMITMENTS IN ACCORDANCE WITH THE ACCEPTED PRINCIPLES AND
NORMS OF INTERNATIONAL LAW.
ARTICLE ONE HUNDRED AND THIRTY SIX:
THE REPUBLIC OF AFGHANISTAN SUPPORTS THE STRUGGLE OF THE PEOPLES
AND NATIONS FOR PEACE, NATIONAL INDEPENDENCE, DEMOCRACY, SOCIAL PROGRESS
AND THE RIGHT OF NATIONS TO SELF DETERMINATION AND FIGHTS AGAINST COLONIALISM,
NEOCOLONIALISM, IMPERIALISM, ZIONISM, RACISM APARTHEID AND FASCISM.
ARTICLE ONE HUNDRED AND THIRTY SEVEN:
THE REPUBLIC OF AFGHANISTAN SUPPORTS THE STRUGGLE FOR TOTAL DISARMAMENT
CESSATION OF ARMS RACE ON EARTH AND IN SPACE, NON PROLIFERATION AND ELIMINATION
OF NUCLEAR AND CHEMICAL WEAPONS AND OTHER KINDS OF WEAPONS OF MASS DESTRUCTION,
DISMANTLING OF AGGRESSIVE MILITARY BASES, RELAXATION OF INTERNATIONAL TENSIONS
AND ESTABLISHMENT OF NEW AND JUST INTERNATIONAL ECONOMIC AND INFORMATION
ORDER.
ARTICLE ONE HUNDRED AND THIRTY EIGHT:
WAR PROPAGANDA IS FORBIDDEN IN THE REPUBLIC OF AFGHANISTAN.
CHAPTER THIRTEEN
MISCELLANEOUS PROVISIONS
ARTICLE ONE HUNDRED AND THIRTY NINE:
THE CONSTITUTION OF THE REPUBLIC OF AFGHANISTAN HAS THE HIGHEST
LEGAL CREDIBILITY. LAWS AND OTHER LEGISLATIVE DOCUMENTS SHALL BE FRAMED
IN CONFORMITY WITH IT.
ARTICLE ONE HUNDRED AND FORTY:
THE STATE AND ALL ITS ORGANS SHALL FUNCTION ON THE BASIS OF THIS
CONSTITUTION AND THE LAWS OF THE REPUBLIC OF AFGHANISTAN AND ENSURE LEGAL
ORDER, INTERESTS OF THE SOCIETY, RIGHTS AND LEGAL INTERESTS OF THE CITIZENS.
STATE COOPERATIVE, MIXED AND PRIVATE INSTITUTIONS, POLITICAL PARTIES, SOCIAL
ORGANISATIONS, AND OFFICIALS IN CHARGE AND CITIZENS ARE OBLIGED TO OBSERVE
THE CONSTITUTION AND THE LAWS OF THE REPUBLIC OF AFGHANISTAN.
ARTICLE ONE HUNDRED AND FORTY ONE:
AMENDMENTS TO THE CONSTITUTION SHALL BE MADE BY THE LOYA JIRGA.
DECISION ON INTRODUCING AMENDMENTS TO THE CONSTITUTION SHALL BE ON THE
PROPOSAL OF THE PRESIDENT OR PROPOSAL OF ONE THIRD AND APPROVAL OF TWO
THIRD OF HE MEMBERS OF THE NATIONAL ASSEMBLY. IN THIS CASE, THE PRESIDENT
CONVENES THE LOYA JIRGA. IF THE LOYA JIRGA FINDS THE PROPOSAL QUALIFIED,
IT SHALL INTRODUCE THE AMENDMENTS IN THE CONSTITUTION, OTHERWISE, IT SHALL
REJECT THE PROPOSAL. AMENDMENT OF THE CONSTITUTION IN A STATE OF EMERGENCY
IS NOT ALLOWED.
ARTICLE ONE HUNDRED AND FORTY TWO:
SALARIES OF THE PRESIDENT, VICE PRESIDENTS. MEMBERS OF THE NATIONAL
ASSEMBLY, PRIME MINISTER, MEMBERS OF THE GOVERNMENT, CHIEF JUSTICE, JUDGES
OF THE SUPREME COURT, MEMBERS OF THE CONSTITUTION COUNCIL, ATTORNEY GENERAL
AND HIS DEPUTIES SHALL BE FIXED BY LAW.
ARTICLE ONE HUNDRED AND FORTY THREE:
WHENEVER THE PRESERVATION OF THE INDEPENDENCE, NATIONAL SOVEREIGNTY,
TERRITORIAL INTEGRITY AND INTERNAL SECURITY BECOME IMPOSSIBLE THROUGH THE
CHANNELS PROVIDED FOR IN THIS CONSTITUTION DUE TO WAR, DANGER OF WAR, DISTURBANCE
OR SIMILAR CONDITIONS, A STATE OF EMERGENCY MAY BE PROCLAIMED BY THE PRESIDENT.
A STATE OF EMERGENCY CAN BE EXTENDED BEYOND THREE MONTHS ONLY WITH THE
CONSENT OF THE LOYA JIRGA.
ARTICLE ONE HUNDRED AND FORTY FOUR:
THE PRESIDENT SHALL HAVE THE FOLLOWING POWERS IN A STATE OF EMERGENCY.
1) EXTENSION OF THE TENURE OF THE NATIONAL ASSEMBLY.
2) DELEGATION OF POWERS OF THE NATIONAL ASSEMBLY IN PART TO THE
COUNCIL OF MINISTERS.
3) DELEGATION OF POWERS OF COURTS IN PART TO SPECIAL COURTS AND
MILITARY COURTS.
4) SUSPENSION AND OR LIMITATION OF ARTICLES 30, 44, 45, 46, 49,
50 AND THE LAST ITEM OF ARTICLE 51 AND ARTICLES 53 AND 60 OF THE CONSTITUTION.
5) EXERCISE OF OTHER POWERS IN ACCORDANCE WITH THE LAW.
ARTICLE ONE HUNDRED AND FORTY FIVE
INTERNATIONAL TREATIES PREVIOUSLY ENTERED INTO BY THE REPUBLIC OF
AFGHANISTAN AND CONVENTIONS JOINED BY IT, IF FOUND REPUGNANT TO THE PROVISIONS
OF THE LAWS OF THE REPUBLIC OF AFGHANISTAN, SHALL HAVE ASCENDANCY.
ARTICLE ONE HUNDRED AND FORTY SIX:
ON THE ENACTMENT OF THIS CONSTITUTION AND THE ELECTION OF THE PRESIDENT,
THE PRESIDENT OF THE REVOLUTIONARY COUNCIL SHALL BE DISSOLVED. THE REVOLUTIONARY
COUNCIL SHALL CARRY ON ITS DUTIES TILL THE NATIONAL ASSEMBLY IS CONSTITUTED
AND SHALL ENJOY THE POWERS ENSHRINED IS CHAPTER SIX OF THE CONSTITUTION.
THE NATIONAL ASSEMBLY SHALL BE CONSTITUTED WITHIN SIX MONTHS FOLLOWING
THE ENACTMENT OF THE CONSTITUTION. THE COUNCIL OF MINISTERS ENJOYING THE
POWERS DESCRIBED UNDER CHAPTER SEVEN OF THE CONSTITUTION SHALL CARRY ON
ITS DUTIES TILL A NEW GOVERNMENT IS FORMED AND WINS THE VOTE OF CONFIDENCE
OF THE HOUSE OF REPRESENTATIVES AS PER THE PROVISIONS OF THE CONSTITUTION.
FOLLOWING THE ENACTMENT OF THIS CONSTITUTION, THE PRESIDENT SHALL, WITHIN
A PERIOD OF SIX MONTHS, REORGANIZE THE JUDICIARY AND ATTORNEY ORGANS ON
THE BASIS OF A UNIFIED SYSTEM IN CONFORMITY WITH THE PROVISIONS OF THE
CONSTITUTION AND ESTABLISH THE CONSTITUTION COUNCIL.
ARTICLE ONE HUNDRED AND FORTY SEVEN:
THE FIRST PRESIDENT SHALL BE ELECTED BY THE LOYA JIRGA WHICH SHALL
ENDORSE THIS CONSTITUTION.
ARTICLE ONE HUNDRED AND FORTY EIGHT:
ON THE ENACTMENT OF THIS CONSTITUTION, THE FUNDAMENTAL PRINCIPLES
OF THE DEMOCRATIC REPUBLIC OF AFGHANISTAN SHALL BE ABROGATED. THE LAWS
AND OTHER LEGISLATIVE DOCUMENTS ADOPTED PRIOR TO THE ENACTMENT OF THIS
CONSTITUTION SHALL REMAIN VALID, PROVIDED THEY ARE NOT REPUGNANT TO THE
PROVISIONS OF THIS CONSTITUTION.
ARTICLE ONE HUNDRED AND FORTY NINE:
THIS CONSTITUTION SHALL COME INTO FORCE FROM THE DATE OF ITS ENDORSEMENT
BY THE LOYA JIRGA AND SHALL BE SIGNED AND PROCLAIMED BY THE PRESIDENT.
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