In the Name of God, the Merciful, the Compassionate
(Unofficial Translation, Please refer to
Pashto and Dari version for accuracy)
State (21 Articles)
Fundamental Rights and Duties of Citizens (37 Articles)
Chapter Three-----------The President (11
Chapter Four------------The Government (10
Chapter Five -----------The National Assembly (29
Chapter Six-------------The Loya Jirga (6
Chapter Seven--------- The Judiciary (20
Chapter Eight---------- The Administrative
Division (7 Articles)
Chapter Nine----------- The State of Emergency (6
Chapter Ten------------ Amendments (2 Articles)
Chapter Eleven ------ The Miscellaneous
Provisions (7 Articles)
Chapter Twelve-------- The Transitional
Provisions (5 Articles)
In the name of God, the Merciful, the Compassionate
We the people of Afghanistan:
1. With firm faith in God Almighty and relying on His lawful
mercy, and Believing in the Sacred religion of Islam,
2. Realizing the injustice and shortcoming of the past, and the
numerous troubles imposed on our country,
3. While acknowledging the sacrifices and the historic
struggles, rightful Jihad and just resistance of all people of Afghanistan, and
respecting the high position of the martyrs for the freedom of Afghanistan,
4. Understanding the fact that Afghanistan is a single and
united country and belongs to all ethnicities residing in this country,
5. Observing the United Nations Charter and respecting the
Universal Declaration of Human Rights,
6. For consolidating national unity, safeguarding independence,
national sovereignty, and territorial integrity of the country,
7. For establishing a government based on people's will and
8. For creation of a civil society free of oppression, atrocity,
discrimination, and violence and based on the rule of law, social justice,
protection of human rights, and dignity, and ensuring the fundamental rights and
freedoms of the people,
9. For strengthening of political, social, economic, and
defensive institutions of the country,
10. For ensuring a prosperous life, and sound environment for
all those residing in this land,
11. And finally for regaining Afghanistan’s deserving place in
the international community,
Have adopted this constitution in compliance with historical,
cultural, and social requirements of the era, through our elected
representatives in the Loya Jirga dated 14 Jaddi 1382 in the city of Kabul.
Ch. 1. Art. 1
Afghanistan is an Islamic Republic, independent, unitary and
Ch. 1, Art. 2
The religion of the state of the Islamic Republic of Afghanistan
is the sacred religion of Islam.
Followers of other religions are free to exercise their faith
and perform their religious rites within the limits of the provisions of law.
Ch. 1, Art. 3
In Afghanistan, no law can be contrary to the beliefs and
provisions of the sacred religion of Islam.
Ch. 1, Art. 4
National sovereignty in Afghanistan belongs to the nation that
exercises it directly or through its representatives.
The nation of Afghanistan
consists of all individuals who are the citizen of Afghanistan.
The nation of
Afghanistan is comprised of the following ethnic groups: Pashtun, Tajik, Hazara,
Uzbak, Turkman, Baluch, Pashai, Nuristani, Aymaq, Arab, Qirghiz, Qizilbash,
Gujur, Brahwui and others.
The word Afghan applies to every citizen of Afghanistan.
No member of the nation can be deprived of his citizenship of
Afghanistan. Affairs related to the citizenship and asylum are regulated by law.
Ch. 1, Art. 5
Implementation of the provisions of this constitution and other
laws, defending independence, national sovereignty, territorial integrity, and
ensuring the security and defense capability of the country, are the basic
duties of the state.
Ch. 1, Art. 6
The state is obliged to create a prosperous and progressive
society based on social justice, protection of human dignity, protection of
human rights, realization of democracy, and to ensure national unity and
equality among all ethnic groups and tribes and to provide for balanced
development in all areas of the country.
Ch. 1, Art. 7
The state shall abide by the UN charter, international treaties,
international conventions that Afghanistan has signed, and the Universal
Declaration of Human Rights.
The state prevents all types of terrorist
activities, production and consumption of intoxicants (muskirat), production and
smuggling of narcotics.
Ch. 1, Art. 8
The state regulates the policy of the country on the basis of
preserving the independence, national interests, territorial integrity,
non-aggression, good neighborliness, mutual respect, and equal rights.
Ch. 1, Art. 9
Mines, underground resources are properties of the state.
Protection, use, management, and mode of utilization of the
public properties shall be regulated by law.
Ch. 1, Art. 10
The State encourages and protects private capital investments
and enterprises based on the market economy and guarantees their protection in
accordance with the provisions of law.
Ch. 1, Art. 11
Affairs related to the domestic and external trade shall be
regulated by law in accordance with the needs of the national economy and public
Ch. 1, Art. 12
Da Afghanistan Bank is the central and independent bank of the
state. Issuance of currency, and formulation and implementation of monetary
policy of the country are the mandates of the central bank in accordance with
The central bank shall consult with the economic committee of the Wulesi
Jirga in matters related to the printing of money.
Structure and operation of this bank shall be regulated by law.
Ch. 1, Art. 13
The state shall formulate and implement effective programs for
development of industries, growth of production, increasing of public living
standards, and support to craftsmanship.
Ch. 1, Art. 14
The state shall design and implement within its financial
resources effective programs for development of agriculture and animal
husbandry, improving the economic, social and living conditions of farmers,
herders, settlement and living conditions of nomads. The state adopts necessary
measures for housing and distribution of public estates to deserving citizens in
accordance within its financial resources and the law.
Ch.1. Art. 15
The state is obliged to adopt necessary measures for
safeguarding forests and the environment.
Ch. 1, Art. 16
From among the languages of Pashto, Dari, Uzbeki, Turkmani,
Baluchi, Pashai, Nuristani, Pamiri (alsana), Arab and other languages spoken in
the country, Pashto and Dari are the official languages of the state.
languages (Uzbaki and Turkmen), Baluchi, Pashai, Nuristani and Pamiri (alsana)
are – in addition to Pashto and Dari – the third official language in areas
where the majority speaks them. The practical modalities for implementation of
this provision shall be specified by law.
The state adopts and implements effective plans for
strengthening, and developing all languages of Afghanistan.
Publications and radio and television broadcasting are allowed
in all languages spoken in the country.
Ch. 1, Art. 17
The state shall adopt necessary measures for promotion of
education in all levels, development of religious education, organizing and
improving the conditions of mosques, madrasas and religious centers.
Ch. 1, Art. 18
The calendar of the country shall be based on the flight of the
Prophet (PBUH). The basis of work for state offices is the solar calendar.
Fridays and the 28 Asad and the 8 Sawr are public holidays.
Other holidays shall be regulated by law.
Ch. 1, Art. 19
The Afghan flag is made up of three equal parts, with black, red
and green colors juxtaposed from left to right perpendicularly.
The width of every colored piece is equal to half of its length.
The national insignia is located in the center of the flag.
The national insignia of the state of
Afghanistan is composed of Mehrab and pulpit in white color.
Two flags are located on its two sides. In the upper-middle part
of the insignia the sacred phrase of “There is no God but Allah and Mohammad is
his prophet, and Allah is Great” is placed, along with a rising sun. The word
“Afghanistan” and year 1298 (solar calendar) is located in the lower part of the
insignia. The insignia is encircled with two branches of wheat.
The law shall regulate the use of national flag and emblem.
Ch.1. Art. 20
The National Anthem of Afghanistan shall be in Pashtu and
mention “Allahu Akbar” and the names of the ethnic groups of Afghanistan.
Ch. 1, Art. 21
The capital of Afghanistan is the city of Kabul.
Fundamental Rights and Duties of Citizens
Ch. 2, Art. 1
Any kind of discrimination and privilege between the citizens of
Afghanistan are prohibited.
The citizens of Afghanistan – whether man or woman – have equal
rights and duties before the law
Ch. 2, Art. 2
Life is a gift of God and a natural right of human beings. No
one shall be deprived of this right except by the provision of law.
Ch. 2, Art. 3
Liberty is the natural right of human beings. This right has no
limits unless affecting the rights of others or public interests, which are
regulated by law.
Liberty and dignity of human beings are inviolable.
The state has the duty to respect and protect the liberty and
dignity of human beings.
Ch. 2, Art. 4
Innocence is the original state.
An accused is considered innocent until convicted by a final
decision of an authorized court.
Ch.2. Art. 5
Crime is a personal action.
The prosecution, arrest, and detention of an accused and the
execution of penalty can not affect another person.
Ch. 2, Art. 6
No act is considered a crime, unless determined by a law adopted
prior to the date the offense is committed.
No person can be pursued, arrested or detained but in accordance
with provisions of law.
No person can be punished but in accordance with the decision of
an authorized court and in conformity with the law adopted before the date of
Ch. 2, Art. 7
No citizen of Afghanistan accused of a crime can be extradited
to a foreign state unless according mutual agreement and international
conventions that Afghanistan has joined.
No Afghan would be sentenced to deprivation of citizenship or to
exile inside the country or abroad.
Ch. 2, Art. 8
Torture of human beings is prohibited.
No person, even with the intention of discovering the truth, can
resort to torture or order the torture of another person who may be under
prosecution, arrest, or imprisoned, or convicted to punishment.
Punishment contrary to human integrity is prohibited.
Ch. 2, Art. 9
Any statement, testimony, or confession obtained from an accused
or of another person by means of compulsion, are invalid.
Confession to a crime is: a voluntary confession before an
authorized court by an accused in a sound state of mind.
Ch. 2, Art. 10
Every person upon arrest can seek an advocate to defend his
rights or to defend his case for which he is accused under the law.
The accused upon arrest has the right to be informed of the
attributed accusation and to be summoned to the court within the limits
determined by law.
In criminal cases, the state shall appoint an advocate for a
The confidentiality of oral, written or telephonic
communications between an advocate and his accused client are immune from
The duties and authorities of advocates shall be regulated by
Article Thirty- Two
Ch. 2, Art. 11
Being in debt does not limit a person’s freedom or deprive him
of his liberties.
The mode and means of recovering a debt shall be regulated by
Ch. 2, Art. 12
The citizens of Afghanistan have the right to elect and be
Law regulates the conditions and means to exercise this right.
Article Thirty- Four
Ch. 2, Art. 13
Freedom of expression is inviolable.
Every Afghan has the right to express his thought through
speech, writing, or illustration or other means, by observing the provisions
stated in this Constitution.
Every Afghan has the right to print or publish topics without
prior submission to the state authorities in accordance with the law.
Directives related to printing house, radio, television, press,
and other mass media, will be regulated by the law.
Ch. 2, Art. 14
The citizens of Afghanistan have the right to form social
organizations for the purpose of securing material or spiritual aims in
accordance with the provisions of the law.
The citizens of Afghanistan have the right to form political
parties in accordance with the provisions of the law, provided that:
The program and charter of the party are not contrary to the
principles of sacred religion of Islam, and the provisions and values of this
The organizational structure, and financial sources of the party
are made public.
The party does not have military or paramilitary aims and
Should have no affiliation to a foreign political party or
Formation and functioning of a party based on ethnicity, language,
Islamic school of thought (mazhab-i fiqhi) and region is not permissible.
A party set up in accordance with provisions of the law shall
not be dissolved without lawful reasons and the decision of an authorized court.
Ch. 2, Art. 15
The citizens of Afghanistan have the right to un-armed
demonstrations, for legitimate peaceful purposes.
Ch. 2, Art. 16
Confidentiality and freedom of correspondence and communication
whether in the form of letters or through telephone, telegraph and other means,
are immune from invasion.
The state does not have the right to inspect personal
correspondence and communication unless authorized by the provisions of law.
Ch. 2, Art. 17
A person’s residence is immune from invasion.
Other than the situations and methods indicated in the law, no
one, including the state, are allowed to enter or inspect a private residence
without prior permission of the resident or holding a court order.
In case of an evident crime, an official in-charge of the
situation can enter or conduct a house search prior to the permission of the
The official involved in the situation is required to obtain a
subsequent court order for the house search within the period indicated by law.
Ch. 2, Article 18
Every Afghan has the right to travel or settle in any part of
the country except in the regions forbidden by law.
Every Afghan has the right to travel abroad and return home in
accordance with the provisions of law.
The state shall protect the rights of the citizens of
Ch. 2, Art. 19
Property is immune from invasion.
No person shall be forbidden from acquiring and making use of a
property except within the limits of law.
No body’s property shall be confiscated without the provisions
of law and the order of an authorized court.
Acquisition of a person’s property, in return for a prior and
just compensation within the bounds of law, is permitted only for securing
public interests in accordance with the provisions of law.
Inspection and disclosure of a private property are carried out
only in accordance with the provisions of law.
Ch. 2, Art. 20
Foreign individuals do not have the right to own immovable
property in Afghanistan.
Lease of immovable property for the purpose of investment is
permissible in accord with law.
The sale of estates to diplomatic missions of foreign countries
and to those international agencies, of which Afghanistan is a member, is
permissible in accordance with the provisions of law.
Ch. 2, Art. 21
Every Afghan is obligated to pay taxes and duties to the
government in accordance with the provisions of law.
No taxes and duties are enforced without provisions of law.
The rate of taxes and duties and the method of payment are
determined by law on the basis of observing social justice.
This provision is also applied to foreign individuals and
Every kind of tax, duties, and incomes collected, shall be
delivered to the State account.
Ch. 2, Art. 22
Education is the right of all citizens of Afghanistan, which
shall be provided up to the level of the B.A. (lisâns), free of charge by
The state is obliged to devise and implement effective programs
for a balanced expansion of education all over Afghanistan, and to provide
compulsory intermediate level education.
The state is also required to provide the opportunity to teach
native languages in the areas where they are spoken.
Ch. 2, Art. 23
The state shall devise and implement effective programs for
balancing and promoting of education for women, improving of education of nomads
and elimination of illiteracy in the country.
Ch.2, Art. 24
The state shall devise and implement a unified educational
curriculum based on the provisions of the sacred religion of Islam, national
culture, and in accordance with academic principles, and develops the curriculum
of religious subjects on the basis of the Islamic sects existing in Afghanistan.
Ch.2, Art. 25
Establishing and operating of higher, general and vocational
education are the duties of the state.
The citizens of Afghanistan also can establish higher, general,
and vocational private educational institutions and literacy courses with the
permission of the state.
The state can also permit foreign persons to set up higher,
general and vocational educational private institutes in accordance with the
The conditions for admission to state higher education
institutions and other related matters to be regulated by the law.
Ch. 2, Art. 26
The state shall devise effective programs for the promotion of
science, culture, literature and the arts.
The state guarantees the rights of authors, inventors, and
discoverers, and encourages and supports scientific researches in all areas, and
publicizes the effective use of their results in accordance with the law.
Ch. 2, Art. 27
Work is the right of every Afghan.
Working hours, paid holidays, right of employment and employee,
and other related affairs are regulated by law.
Choice of occupation and craft is free within the limits of law.
Ch. 2, Art. 28
Forced labor is forbidden.
Active participation, in times of war, calamity, and other
situations threatening lives and public welfare is one of the primary duties of
Children shall not be subjected to forced labor.
Ch. 2. Art. 29
The state is obliged to adopt necessary measures for creation of
a strong and sound administration and realization of reforms in the
administration system of the country after authorization by the National
Government offices are bound to carry their work with full
neutrality and incompliance with the provisions of law.
The citizens of Afghanistan have the right of access to the
information from the government offices in accordance with the provisions of
This right has no limits, unless violation of the rights of the
The citizens of Afghanistan are employed for state services on
the basis of qualification without any kind of discrimination and in accordance
Ch. 2, Art. 30
Any person suffering undue harm by government action is entitled
to compensation, which he can claim by appealing to court.
With the exception of situation stated in the law, the state
cannot claim its right without the order of an authorized court.
Ch. 2, Art. 31
The state is obliged to provide free means of preventive health
care and medical treatment, and proper health facilities to all citizens of
Afghanistan in accordance with the law.
The state encourages and protects the establishment and
expansion of private medical services and health centers in accordance with law.
The state in order to promote physical education and improve
national and local sports adopts necessary measures.
Article Fifty- Three
Ch. 2. Art. 32
The state takes necessary measures for regulating medical
services and financial support to descendants of those who were martyred or are
missing, to disabled or handicapped, and their active participation and
re-integration into society in accordance with the law.
The state guarantees the
rights and privileges of pensioners and disabled and handicapped individuals and
as well renders necessary assistance to needy elders, women without caretakers,
and needy orphans in accordance with the law.
Article Fifty- Four
Ch.2, Art. 33
Family is a fundamental unit of society and is supported by the
The state adopts necessary measures to ensure physical and
psychological well being of family, especially of child and mother, upbringing
of children and the elimination of traditions contrary to the principles of
sacred religion of Islam.
Ch. 2, Art. 34
The defense of the country is the responsibility of all citizens
The conditions for military services are regulated by law.
Ch. 2, Art. 35
Observing the provisions of the Constitution, obeying the laws,
adhering to public law and order are the duties of all people of Afghanistan.
Ignorance about the provisions of law is not considered an
Ch. 2. Art. 36
The state guarantees the rights and liberties of the foreign
citizens residing in Afghanistan in accordance with the law.
These people are obliged to observe the laws of the state of
Afghanistan in accordance with the International Law.
Ch. 2. Art. 37
The State, for the purpose of monitoring the observation of
human rights in Afghanistan, to promote their advancement (behbud) and
protection, shall establish the Independent Human Rights Commission of
Any person, whose fundamental rights have been violated can file
complaint to the Commission.
The Commission can refer cases of violation of human rights to
the legal authorities, and assist in defending the rights of the complainant.
The structure, and functions of this Commission shall be
regulated by law.
Ch. 2. Art. 38
No one can misuse the rights and freedoms under this
Constitution against the independence, territorial integrity, sovereignty and
Ch. 3, Art. 1
The President is the head of state of the Islamic Republic of
Afghanistan, and conducts his authorities in executive, legislative, and
judiciary branches in accordance with the provisions of this Constitution.
The President shall have two Vice Presidents, one first and one
The candidate to the Presidency on his or her candidacy shall
declare the name of the Vice Presidents to the nation.
The Vice President in the absence, resignation, and or death of
the President, acts in accordance with the provisions of this constitution.
Ch. 3, Art. 2
The President is elected by receiving more than 50% of the votes
cast through free, general, secret, and direct voting.
The presidential term is
expired at the first of Jawza of the fifth years after the elections.
Elections for the new president are held within thirty, to sixty
days before the end of the presidential term.
If none of the candidates succeeds to receive more than 50% of
the votes in the first round, a run-off election shall be held within two weeks.
In this round, only two candidates with the highest number of
votes will participate.
In the run-off, the candidate who gets the majority of the votes
shall be elected as the President.
In case of death of one of the candidates during the first or
second round, after the elections or prior to the announcement of the results of
elections, new elections shall be held in accordance with the provisions of law.
The elections for the post of president shall be held under the
supervision of the Independent Commission supervising of the Elections.
This Commission shall be established to supervise all elections
and referendums in the country, in accordance with the provisions of law.
Ch. 3, Art. 3
Presidential candidates should posses the following
Should be citizen of Afghanistan, Muslim and born of Afghan
parents, and should not have citizenship of another country.
On the day of becoming a candidate, his age should not be less
than forty years.
Should not have been convicted of crimes against humanity,
criminal act, or deprivation of the civil rights by a court.
No one can be elected as president for more than two terms.
The provision of this article is applied to the Vice Presidents
Ch. 3, Art. 4
The President-elect, prior to resumption of his/her duties,
performs the following oath of allegiance in the presence of members of the
National Assembly and the chief justice:
“In the name Allah, the Merciful, the Compassionate In the
name God Almighty, in the presence of you representatives of the nation of
Afghanistan, I swear to obey and safeguard the provisions of the sacred religion
of Islam, to observe the Constitution and other laws of Afghanistan and
supervise their implementation; to safeguard the independence, national
sovereignty, and the territorial integrity of Afghanistan and the fundamental
rights and interests of the people of Afghanistan, and with the assistance of
God and the support of the nation, to make great and sincere efforts for the
happiness and progress of the people of Afghanistan.”
Ch. 3, Art. 5
The power and duties of the President are as follows:
Supervising the implementation of the Constitution.
Determining the fundamental policies of the state with the
approval of the National Assembly.
Being the Command-in-Chief of the armed forces of Afghanistan.
Declaration of war and ceasefire with the approval of the
Taking the required decision during defending of territorial
integrity and protecting of the independence.
Sending contingents of the armed forces to foreign countries
with the approval of the National Assembly.
Convening Loya Jirga except in a situation stated in Article
Sixty-eight f this Constitution.
Declaring the state of emergency and ending it with the approval
of the National Assembly.
Inaugurating the National Assembly and the Loya Jirga.
Accepting resignation of the Vice President.
Appointing of Ministers, the Attorney General, the Director of
the Central Bank, Head of the National Security Directorate and the President of
the Afghan Red Crescent Society with the approval of the Wolesi Jirga, and
acceptance of their dismissal and resignation.
Appointing the head and members of the Supreme Court with the
approval of the Wolesi Jirga.
Appointment, retirement and acceptance of resignation and
dismissal of judges, officers of the armed forces, police, national security,
and high ranking officials in accordance with the law.
Appointment of heads of diplomatic missions of Afghanistan in
foreign countries and international organizations.
Accepting the credentials of diplomatic missions in Afghanistan.
Signing of laws and legislative decrees.
Issuing credential letter for the conclusion of bi-lateral and
international treaties in accordance with the provisions of law.
Reducing and pardoning penalties in accordance with law.
Issuing medals, and honorary titles in accordance with the
provision of law.
The establishment of commissions for the improvement of the
administrative condition of the country, in accordance with law.
Exercising other authorities in accordance with the provisions
of this Constitution.
Ch. 3, Art. 6
The President can call for a referendum on important national,
political, social or economic issues.
Call for referendum shall not be contrary to the provisions of
this constitution or for the amendment of it.
Ch. 3, Art. 7
The President takes into consideration the supreme interests of
the people of Afghanistan while enforcing the powers stated in this
The President cannot sell or bestow state properties without the
provisions of the law.
The President cannot act based on linguistic, ethnic, religious,
political, and regional considerations during his term in office.
Ch. 3, Art. 8
In case of resignation, impeachment ,or death of the President,
or of a serious illness that could hinder the performance of duties, the First
Vice President undertakes his duties and authorities.
The President declares his resignation personally to the
The serious illness shall be proved by an authorized medical
committee appointed by the Supreme Court.
In this case, election for the new President shall be held
within the period of three months in accordance with the article 61 of this
During the time when the First Vice President fills in as the
interim President, he cannot perform the following:
Amendment of the constitution
Dismissal of ministers
Call for a referendum
During this period the Vice Presidents can nominate themselves
as candidates for the post of President in accordance with the provisions of
In the absence of the President, the duties of the First Vice
President shall be determined by the President.
Ch. 3, Art. 10
In case of resignation and or death of one of the Vice
President, another person shall replace him by the proposal of the President and
approval of the Wolesi Jirga.
In case of simultaneously death of the President and First Vice
President, his duties shall be implemented in turn by the Second Vice President,
by the Chair of the Meshrano Jirga and in the absence of the chair of the
Meshrano Jirga, Chair of the Wolesi Jirga, and in the absence of the Chair of
the Wolesi Jirga, the Foreign Minister shall take the duties of the President in
accordance with the article 67 of this constitution.
Ch 3, Art 11
The President is responsible to the nation and the Wolesi Jirga
in accordance with this article.
Accusations of crime against humanity, national treason or crime
can be leveled against the President by one third of the members of the Wolesi
If two third of the Wolesi Jirga votes for charges to be brought
forth, the Wolesi Jirga shall convene a Loya Jirga within one month.
If the Loya Jirga approve the accusation by a two-thirds
majority of votes the President is then dismissed, and the case is referred to a
The special court is composed of three members of the Wolesi
Jirga, and three members of the Supreme Court appointed by the Loya Jirga and
the Chair of the Meshrano Jirga.
The lawsuit is conducted by a person appointed by the Loya
Jirga. In this situation, the provisions of Article 67 of this Constitution are
Ch. 3. Art. 12
The salary and expenditures of the President are regulated by
After expiration of his term, the President is entitled to
financial benefits of the presidency for the rest of his life in accordance with
the law except in the case of dismissal.
Article Seventy one
Ch. 4, Art. 1
The government consists of the ministers who work under the
Chairmanship of the President.
Ministers are appointed by the President and shall be introduced
for approval to the National Assembly.
Ch. 4, Art. 2
The person who is appointed as the Minister, should have the
Must have only the citizenship of Afghanistan. Should a nominee
for a ministerial post also hold the citizenship of another country, the Wolesi
Jirga shall have the right to confirm or reject his or her nomination.
Should have higher education, work experience and, good
His age should not be less than thirty-five.
Should not have been convicted of crimes against humanity,
criminal act, or deprivation of civil rights by a court.
Ch. 4. Art. 3
The Ministers can be appointed from within and without the
If a member of the National Assembly is appointed as a minister,
he loses his membership in the National Assembly, and is replaced by another
person in accordance with the provisions of law.
Ch. 4. Art. 4
Prior to taking office, the minister perform the following oath
in the presence of the President:
In the name of Allah, the merciful and compassionate: “ I
swear in the name of God Almighty to support the provisions of the sacred
religion of Islam, follow the Constitution and other laws of Afghanistan,
protect the rights of citizens, and safeguard the independence, territorial
integrity and national unity of Afghanistan, and consider God Almighty present
in performing all my responsibilities, and honestly perform the duties assigned
Ch. 4. Art. 5
The government has the following duties:
Execute the provision of this Constitution, other laws, and
final orders of the courts.
Protect the independence, defend the territorial integrity, and
safeguard the interests and dignity of Afghanistan in the international
Maintenance of public law and order and elimination of
Prepare the budget, regulate financial affairs, and protect
Devise and implement programs for social, cultural, economic,
and technological progress.
Report to the National Assembly at the end of the fiscal year
about the tasks accomplished and about the main plans for the new fiscal year.
Perform other duties as recognized by this Constitution and
other laws to be duties of the government.
Ch. 4, Art.6
In order to implement the main policies of the country, and
regulation of its duties, the government shall devise and approve regulations.
These regulations should not be contradictory to the text and
spirit of any law.
Article Seventy- seven
Ch. 4, Art. 7
As heads of administrative units and members of the government,
the ministers perform their duties within the limits determined by this
Constitution and other laws.
The Ministers are responsible to the President and the Wolesi
Jirga for their particular duties.
Ch. 4. Art. 8
If a Minister is accused of crime against humanity, national
treason or criminal act of a crime, the case shall be referred to a special
court in accordance with the article 134 of this constitution.
Ch. 4, Art. 9
In cases of recess of the Wolesi Jirga, the government can adopt
legislation in an emergency situation on matters other than those related to
budget and financial affairs.
The legislative decrees become laws after they are signed by the
The legislative decrees should be submitted to the National
Assembly in the course of thirty days beginning from the first session of the
In case of rejection by the National Assembly, the legislations
Ch. 4, Art. 10
The Minister during the course of their work cannot use their
posts for linguistic, regional, ethnic, religion and partisan purposes.
The National Assembly
Article Eighty one
Ch. 5. Art. 1
The National Assembly of the Islamic Republic of Afghanistan as
the highest legislative organ is the manifestation of the will of its people and
represents the whole nation.
Every member of the National Assembly takes into judgment the
general welfare and supreme interests of all people of Afghanistan at the time
of casting their vote.
Ch. 5, Art. 2
The National Assembly consists of two houses: Wolesi Jirga (the
House of People) and Meshrano Jirga. (House of Elders).
No one can become member of both houses simultaneously.
Ch. 5, Art. 3
Members of the Wolesi Jirga are elected by the people through
free, general, secret, and direct elections.
Their mandate ends on the 1st of Saratan of the fifth year after
the elections, and the new assembly starts its work.
The election of the members of the Wolesi Jirga shall be
held within 30 to 60 days before the expiry of the term of the Wolesi Jirga.
The number of members of the Wolesi Jirga, proportionate to the
population of each region, shall be not more than two hundred and fifty.
Electoral constituency and other related issues shall be
determined by election laws.
In the election law measures should be adopted for so the
election system shall provide general and just representation for all the people
of the country, and at least two female delegate should be elected from each
Ch. 5, Art. 4
Members of the Meshrano Jirga are elected and appointed as
From among the members of each provincial council, the
respective council elects one person for a period of four years.
From among the district councils of each province, the
respective councils elect one person for a period of three years.
The President from among experts and experienced personalities –
including two representatives from the disabled and impaired and two
representatives from the Kochis – appoints the remaining one-third of the
members for a period of five years.
The president appoints 50% of these people from among women.
A person, who is appointed as a member of the Meshrano Jirga,
shall relinquish his membership in the respective council, and another person
replaces him in accordance with the law.
Ch. 5, Art. 5
A person who is nominated or appointed as a member of the
National Assembly should have the following qualifications in addition to those
considered by voters.
Should be the citizen of Afghanistan, or has obtained the
citizenship of the state of Afghanistan at least ten years before becoming a
Should not have been convicted by a court for committing a crime
against humanity, a crime, or sentenced of deprivation of his civil rights .
Members of Wolesi Jirga should be Twenty Five years old at the
date of candidacy, and members of the Meshrano Jirga should be Thirty Five years
old at the date of candidacy or appointment.
Ch. 5, Art. 6
Credentials of members of the National Assembly are reviewed by
the Independent Electoral Commission in accordance with law.
Ch. 5. Art.7
In the beginning of the legislative period, each one of the two
houses elects one of its members as the Chairperson, and two people as the first
and second Vice Chairperson, and two people as the secretary and assistant
secretary for a period of one year.
These individuals constitute the administrative board in their
The duties of the administrative boards are determined in the
regulations pertaining to the internal duties of each house.
Ch. 5. Art. 8
Each house of the National Assembly sets up commissions to study
the topics under discussion in accordance with its internal regulations.
Ch. 5, Art. 9
The Wolesi Jirga has the authority to set up a special
commission if one-third of its members put forward a proposal to inquire about
and study government actions.
The composition and procedure of this commission shall be
specified by the internal regulations of the Wolesi Jirga.
Ch. 5, Art. 10
The National Assembly has the following powers:
Ratification, modification, or abrogation of laws and or
Approval of plans for economic, social, cultural, and
Approval of state budget, permission for obtaining, and granting
Creation, modification of administrative units.
Ratification of international treaties and agreements, or
abrogation of the membership of Afghanistan to them.
Other authorities specified in this Constitution.
Ch. 5, Art. 11
Wolesi Jirga has the following special powers:
1. Deciding on interpellation of each of the ministers in
accordance with the provisions of article 92 of this constitution.
2. Taking the final decision about the state’s development
programs and state budget, in case of a disagreement between the Wolesi Jirga
and the Meshrano Jirga.
3. Approval of the appointments according to the provisions of
Article Ninety- two
Ch. 5, Art. 12
Wolesi Jirga, based on a proposal by one-tenth of all members,
can interpolate each of the Ministers.
If the responses given are not satisfactory, Wolesi Jirga shall
consider the issue of vote of no confidence.
Vote of no confidence on a Minister should be explicit, direct,
and on the basis of well founded reasons.
This vote should be approved by a majority of all members of the
Ch. 5. Art. 13
Any commission of both Houses of the National Assembly can
question each of the Ministers about specific topics.
The person questioned can provide verbal or written response.
Ch. 5. Art. 14
Law is what both Houses of the National Assembly approve and the
President endorses unless this Constitution states otherwise.
In case the President does not agree to what the National
Assembly approves, he or she can send the document back with justifiable reasons
to the Wolesi Jirga within fifteen days of its submission.
With the passage of this period or in case the Wolesi Jirga
approves a particular case again with a majority of two-thirds votes, the bill
is considered endorsed and enforced.
Ch. 5. Art. 15
Proposal for the promulgation of a law can be initiated by the
government, or members of the National Assembly, and in the domain of regulating
the judicial affairs through the Supreme Court by the government.
Ch. 5 Art. 16
Proposal for budget and financial affairs are initiated only by
Ch. 5, Art. 17
Proposals for promulgation of law initiated by the government
are submitted first to the Wolesi Jirga.
If a proposal for the promulgation of law includes imposition of
new taxes or reduction in state incomes, it is included in the working agenda on
condition that an alternative source is also envisioned.
The Wolesi Jirga approves or rejects the proposal of the
promulgation of law including budget and financial affairs and the proposal of
taking or giving loan after discussion as a whole.
The Wolesi Jirga cannot delay the proposal more than one month.
The proposed draft of law is submitted to the Meshrano Jirga,
after its approval by the Wolesi Jirga.
The Meshrano Jirga decides on the draft within a period of
The National Assembly shall give priority to the promulgation of
laws, treaties, and development plans of the government that require argent
consideration and decision as per the request of the government.
If a proposal for promulgation of law is initiated by ten
members of one of the two Houses and then approved by one fifth members of the
respective houses, it can be admitted to the agenda of the respective houses.
Ch. 5, Art. 18
The state budget and development plan of the government is
submitted through the Meshrano Jirga along with an advisory comments to the
The decision of the Wolesi Jirga, irrespective of the consent of
the Meshrano Jirga, is enforceable after it is signed by the President.
If for some reasons the budget is not approved before the
beginning of the new fiscal year, the budget of the year before is applied until
the approval of the new budget.
The government is obligated to give to the Wolesi Jirga the
budget of the new fiscal year and a brief account of the current year’s budget
within the forth quarter of the fiscal year.
The definite account of the previous fiscal year shall be
submitted by the government to the Wolesi Jirga within six months of the new
year, in accordance with the provisions of law.
Wolesi Jirga cannot delay the approval of the budget for more
than one month or permission to give or take loan for more than a 15 days.
If during this period Wolesi Jirga does not take any decision
with regards to taking or giving loan, the proposal will be considered as
Ch. 5, Art. 19
If, during a session of the National Assembly, the annual budget
or a developmental plan or an issue related to public security, territorial
integrity, and the country’s independence is under discussion, the session of
the assembly cannot end before the approval of the matter.
Article One hundred
Ch. 5, Art. 20
In case the decision of one house is rejected by another house,
a combined committee composed of equal members of each house is formed to
resolve the disagreement.
The decision of the committee is enforced after its approval by
In case the combined committee cannot solve the disagreement,
the defeated resolution is considered void. And, if the resolution is approved
by the Wolesi Jirga, it can be approved in the next session of the Wolesi Jirga
by the majority of its members.
This approval is assumed as enforceable, after it is signed by
the President, without submission to the Meshrano Jirga.
In case the disagreement between the two houses is over
legislations involving financial affairs, and the combined committee is not able
to resolve it, the Wolesi Jirga can approve the draft by the majority vote of
This draft is assumed as enforceable without submission to the
Meshrano Jirga after it is signed by the President.
Article One hundred-one
Ch. 5, Art. 21
No member of the National Assembly is legally prosecuted due to
expressing his views while performing his duty.
Article One hundred-two
Ch. 5, Art. 22
When a member of the National Assembly is accused of a crime,
the law enforcement authority informs the house, of which the accused is member,
about the case, and the accused member can be prosecuted.
In case of an evident crime, the law enforcement authority can
legally pursue and arrest the accused without the permission of the house, which
the accused is a member of.
In both cases, when legal prosecution requires detention of the
accused, law enforcement authorities are obligated to inform the respective
house, about the case immediately.
If the accusation takes place when the assembly is in recess,
the permission of arrest is obtained from the administrative board of the
respective house and the decision of this board is presented to the first
session of the aforementioned house for a decision.
Article One Hundred three
Ch. 5, Art. 23
The ministers can participate in the sessions of each one of the two houses of
the National Assembly.
Each house of the National Assembly can demand the participation
of Ministers to take part in its session.
Article One Hundred and four
Ch. 5, Art. 24
Both houses of the National Assembly hold their sessions
separately at the same time.
Under the following circumstances, both houses can hold joint
When the legislative session, or the annual session is
inaugurated by the President.
When it is deemed necessary by the President.
In this case the head of the Wolesi Jirga, chairs the joint
session of the National Assembly.
Article One Hundred and
Ch. 5, Art. 25
The sessions of the National Assembly are open unless the
Chairman of the assembly, or at least ten members of the National Assembly
request their secrecy and the assembly accepts this request.
No one shall enter the building of the National Assembly by
Article One Hundred and six
Ch. 5, Art. 26
The quorum for sessions of each house of the National Assembly
is a majority of its members, and its decisions are taken by majority of the
members present, unless this Constitution states otherwise.
Article One Hundred and seven
Ch. 5, Art. 27
The National Assembly convenes two ordinary sessions each year.
The term of the National Assembly in each year is nine months.
When necessary, the assembly can extend this period.
Extraordinary sessions of the assembly during recess can take
place by the order of the President.
Article One Hundred and eight
Ch. 5, Art. 28
In cases of death, resignation or dismissal of a member of the
Wolesi Jirga, and/or disability or handicap, which prevents performance of
duties permanently, election in the related constituency is held for a new
representative for the rest of the legislative period, in accordance with the
In the above-mentioned situations, a new member of the Meshrano
Jirga shall be appointed in accordance with Article 87 of this Constitution.
Matters involving the presence or absence of members of the
National Assembly are regulated according to internal rules.
Article One Hundred and nine
Ch. 5, Art. 29
Proposals for amendments of the electoral law cannot be included
in the working agenda of the assembly during the last year of the legislative
Article One Hundred and ten
Ch. 6. Art. 1
Loya Jirga is the highest manifestation of the people of
Loya Jirga consists of the following:
Members of the National Assembly.
Chairpersons of the provincial, and district councils.
The ministers, Chief Justice and members of the Supreme Court,
can participate in the sessions of the Loya Jirga without the right to vote.
Article One Hundred and eleven
Ch. 6. Art. 2
Loya Jirga is convened in the following situations:
To take decision on the issues related to independence, national
sovereignty, territorial integrity, and supreme interests of the country.
To amend the provisions of this Constitution.
To prosecute the President in accordance with the provisions of
Article 69 of this Constitution.
Article One Hundred and twelve
Ch. 6. Art. 3
The Loya Jirga in its first session elects from among its
members a chairperson, a deputy-chair, and a secretary and an assistant
Article One Hundred and thirteen
Ch. 6. Art. 4
The quorum of the Loya Jirga for voting is completed by the
majority of members.
The decisions of the Loya Jirga are taken by a majority of the
present members except in cases as explicitly stated in this Constitution.
Article One Hundred and fourteen
Ch. 6. Art.56
Discussions of the Loya Jirga are open except when one –fourth
of its members demand their secrecy, and the Loya Jirga accepts this demand.
Article One Hundred and fifteen
Ch. 6. Art. 7
During the session of a Loya Jirga, the provision of Articles
101 and 102 of this Constitution are applied on its members.
Article One Hundred and sixteen
Ch. 7. Art. 1
The judicial branch is an independent organ of the state of the
Islamic Republic of Afghanistan.
The judicial branch consists of the Supreme
Court (Stera Mahkama), High Courts, Appeal Courts. Structure of authorities of
which are determined by law.
The Supreme Court as the highest judicial organ, heads the
judiciary organ of the Islamic Republic of Afghanistan.
Article One Hundred and seventeen
Ch. 7. Art. 2
The Supreme Court is composed of nine members who are appointed
by the President for a period of ten years with the approval of the Wolesi Jirga
with observance of the provisions of last paragraph of the Article 50 and
article 118 of this Constitution. In the beginning the appointment will be as
Three members are appointed for a period of four years, three
members for seven years and three members for ten years. Later appointments will
be for a period of ten years.
The appointment of the members for the second term is not
The President appoints one of its members as the Head of the
Members in no way can be dismissed from their service until the
end of their term, except circumstances stated in Article 127 of this
Article One Hundred and eighteen
Ch. 7. Art. 3
A member of the Supreme Court shall have the following
The age of the Head of the Supreme Court and its members should
not be lower than forty at the time of appointment
Shall be a citizen of Afghanistan.
Shall have a higher education in law or in Islamic
jurisprudence, and shall have sufficient expertise and experience in the
judicial system of Afghanistan.
Shall have high ethical standards and a reputation of good
Shall not have been convicted of crimes against humanity,
crimes, and sentenced of deprivation of his civil rights by a court.
Shall not be a member of any political party during the term of
Article One Hundred and nineteen
Ch. 7. Art. 4
Members of the Supreme Court take the following oath in the
presence of the President before occupying the post:
“In the name Allah, the Merciful and the Compassionate I
swear in the name of God Almighty to support justice and righteousness in accord
with the provisions of the sacred religion of Islam and the provisions of this
Constitution and other laws of Afghanistan, and to execute the duty of being a
judge with utmost honesty, righteousness and nonpartisanship.”
Article One Hundred and twenty
Ch. 7. Art. 5
The authority of the judicial organ is to attend to all lawsuits
in which real individuals or incorporeal including the state stand before it as
plaintiff or defendant and in its presence is expressed in accord with
provisions of the law.
Article One Hundred and twenty one
Ch. 7. Art. 6
The Supreme Court upon request of the Government or the Courts
can review compliance with the Constitution of laws, legislative decrees,
international treaties, and international conventions, and interpret them, in
accordance with the law.
Article One Hundred and twenty two
Ch. 7. Art. 7
No law, under any circumstance, can transfer a case from the
jurisdiction of the judicial branch to another organ as has been determined in
this Constitution. This provision does not apply to establishing special Courts
stated in Articles 69 and 78 and 127 of this Constitution and military courts in
matters relating to them.
The structure and authority of these courts are regulated by
Article One Hundred twenty three
Ch. 7. Art. 8
With observance of the provisions of this Constitution, the
rules related to the structure, authority, and performances of the courts, and
the duties of judges are regulated by law.
Article One Hundred and twenty four
Ch. 7. Art. 9
Other officials and administrative personnel of the judicial
branch are subject to the provisions of the laws related to the officials and
other administrative personnel of the state, but their appointment, dismissal,
promotion, pension, rewards and punishments are regulated by the Supreme Court
in accordance with the law.
Article One Hundred and twenty five
Ch. 7, Art. 10
The budget of the judicial branch is arranged in consultation
with the government by the Supreme Court and presented to the National Assembly
by the government as part of the state budget.
Implementation of the budget of the judicial branch is the
authority of the Supreme Court.
Article One Hundred and twenty six
Ch. 7. Art. 11
Members of the Supreme Court enjoy official financial benefits
for the rest of their lives provided they do not occupy state and political
Article One Hundred and twenty seven
Ch. 7. Art. 12
When more than one - third of the members of the Wolesi Jirga
demand the trial of the Chief Justice, or a member of the Supreme Court due to a
crime committed during the performance of duty, and the Wolesi Jirga approves of
this demand by a majority of two-thirds votes, the accused is dismissed from his
post and the case is referred to a special court.
The setting up of the court and the procedures of trial are
regulated by law.
Article One Hundred and twenty eight
Ch. 7. Art. 13
In the courts of Afghanistan, trials are open and everyone is
entitled to attend trials within the bounds of law.
The court, in situations which are stated in the law or in
situations in which the secrecy of the trial is deemed necessary, can conduct
the trial behind closed doors, but the announcement of the court decision should
be open in all instances.
Article One Hundred and twenty nine
Ch. 7. Art. 14
The court is obliged to state the reasons for the decision it
All specific decisions of the courts are enforceable, except for
capital punishment, which is conditional upon approval of the President.
Article One Hundred and thirty
Ch. 7. Art. 15
While processing the cases, the courts apply the provisions of
this Constitution and other laws.
When there is no provision in the Constitution
or other laws regarding ruling on an issue, the courts’ decisions shall be
within the limits of this Constitution in accord with the Hanafi jurisprudence
and in a way to serve justice in the best possible manner.
Article One Hundred and thirty one
Ch. 7. Art. 16
Courts shall apply Shia school of law in cases dealing with
personal matters involving the followers of Shia Sect in accordance with the
provisions of law.
In other cases if no clarification by this constitution and
other laws exist and both sides of the case are followers of the Shia Sect,
courts will resolve the matter according to laws of this Sect.
Article One Hundred and thirty two
Ch. 7. Art. 17
Judges are appointed with the recommendation of the Supreme
Court and approval of the President.
The appointment, transfer, promotion, punishment, and proposals
to retire judges are within the authority of the Supreme Court in accordance
with the law.
The Supreme Court shall establish the General Administration
Office of the Judicial Power for the purpose of better arrangement of the
administration and judicial affairs and insuring the required improvements.
Article One Hundred and thirty three
Ch. 7. Art. 18
When a judge is accused of having committed a crime, the Supreme
Court shall inquire about the case involving the judge in accordance with the
After listening to his defense, when the Supreme Court regards
the accusation to be valid, it shall present a proposal about the judge’s
dismissal to the President.
After the Presidential approval, the accused judge is dismissed
from duty, and punished in accordance with the provisions of the law.
Article One Hundred and thirty four
Ch. 7. Art. 19
Discovery of crimes is the duty of the police and investigation
and prosecution are conducted by the Attorney’s Office in accordance with the
provisions of the law. The Attorney’s Office is part the Executive branch, and
is independent in its performances.
The structure, authority, and activities of the Attorney’s
Office are regulated by law. Discovery and investigation of crimes related to
the armed forces are regulated by a special law.
Article One Hundred and thirty five
Ch. 7. Art. 20
If parties involved in a case do not know the language in which
the trial is conducted, they have the right to understand the material and
documents related to the case through an interpreter and the right to speak in
their mother language in the court.
Article One Hundred and thirty six
Ch. 8. Art. 1
The Administration of Islamic Republic of Afghanistan shall be
based on central and local administrative units in accordance with the law.
The central administration is divided into a number of
administrative units, each of which shall be headed by a minister.
The local administrative unit is a province.
The number, area, parts, and structures of the provinces and the
related administrations are regulated by law on the basis of population, social
and economic conditions, and geographic location.
Article One Hundred and thirty seven
Ch. 8. Art. 2
The government, while preserving the principle of centralism,
shall – in accordance with the law – delegate certain authorities to local
administration units for the purpose of expediting and promoting economic,
social, and cultural affairs, and increasing the participation of people in the
development of the nation.
Article One Hundred and thirty eight
Ch. 8. Art. 3
In every province a provincial council is to be formed.
Members of the provincial council are elected in proportion to
the population by free, direct, secret ballot, and general elections by the
residents of the province for a period of four years in accordance with the law.
The provincial council elects one of its members as Chairman.
Article One Hundred and thirty nine
Ch. 8. Art. 4
The provincial council takes part in securing the developmental
targets of the state and improving its affairs in a way stated in the law, and
gives advice on important issues falling within the domain of the province.
Provincial councils perform their duties in cooperation with the
Article One Hundred and forty
Ch. 8. Art. 5
In order to organize activities involving people and provide
them with the opportunity to actively participate in the local administration,
councils are set up in districts and villages in accordance with the provisions
of the law.
Members of these councils are elected by the local people
through, free, general, secret and direct elections for a period of three years.
The participation of nomads in these councils is regulated by
Article One Hundred and forty one
Ch. 8. Art. 6
Municipalities shall be set up in order to administer city
The mayor and members of the municipal councils are elected by
free, general, secret, and direct elections.
The affairs related to municipalities are regulated by law.
Article One Hundred forty two
Ch. 8. Art. 7
For the purpose of the implementation of the provisions, and
ensuring the values of this constitution, the state shall establish the required
The State of Emergency
Article One Hundred and forty three
Ch. 9, Art, 1
If due to war, threat of war, serious rebellion, natural
disasters, or situations similar to these protecting the independence or
nation’s survival becomes impossible by following the provision of this
Constitution, the President in confirmation of National Assembly shall declare a
state of emergency in some or all parts of the country. If the state of
emergency continues for more than two months, the agreement of National Assembly
is required for its extension.
Article One Hundred and forty four
Ch. 9, Art. 2
During the state of emergency, the President, with the
consultations of heads of the National Assembly, and Chief Justice can transfer
some authorities of the National Assembly to the government.
Article One Hundred and forty five
Ch. 9, Art. 3
During the state of emergency, the President with the consent of
the heads of the National Assembly and the Supreme Court, can suspend the
validity of the following Articles or can place restrictions on them:
Paragraph two of Article twenty-seven
Paragraph two of Article thirty-seven.
Paragraph two of Article thirty-eight.
Article One Hundred and forty six
Ch. 9, Art. 4
During the state of emergency, the Constitution cannot be
Article One Hundred and forty seven
Ch. 9, Art. 5
If the Presidential term of office, and or the legislative
period expire during a state of emergency, the new elections shall be postponed,
and the presidency, and the legislative period shall be extended for up to four
If the state of emergency continues for more than four months, a
Loya Jirga shall be called by the President for further decisions.
Following the termination of state of emergency, election would
be held within two months
Article One Hundred and forty eight
Ch. 9, Art. 6
After the end of the state of emergency, the measures adopted on
the basis of Articles 144 and 145 of this Constitution shall be considered
Article One Hundred and forty nine
Ch. 10, Art. 1
The provisions of adherence to the fundamentals of the sacred
religion of Islam and the regime of the Islamic Republic cannot be amended.
The amendment of the fundamental rights of the people are
permitted only in order to make them more effective
Considering new experiences and requirements of the time, other
contents of this Constitution can be amended by the proposal of the President or
by the majority of the National Assembly in accordance with the provisions of
Article 67, and 146 of this constitution.
Article One Hundred and fifty
Ch. 10, Art. 2
In order to implement proposals regarding the amendment of the
Constitution, a Commission composed of members of the Government, National
Assembly, and the Supreme Court, shall be established by a Presidential decree,
and the commission shall prepare a draft of the amendments.
For approval of the amendments, a Loya Jirga shall be convened
by the decree of the President in accordance with the provisions of the Chapter
on the Loy Jirga. When the Loya Jirga approves an amendment by a majority of
two-thirds of its members, it shall be enforced after endorsement by the
The Miscellaneous Provisions
Article One Hundred and fifty one
Ch. 11, Art. 1
The President, Vice Presidents, Ministers, Head and members of
the Supreme Court, Head of the Central Bank, National Security Directorate,
Governors and Mayors cannot engage in any profitable business contracts with the
government or individuals during their term of office.
Contracts for the purpose of fulfilling personal needs are
exception to this provision.
Article One Hundred and fifty two
Ch. 11. Art. 2
The President, Vice President, ministers, heads and members of
the National Assembly, the Supreme Court, and judges, cannot undertake other
jobs during their terms of office.
Article One Hundred and fifty three
Ch. 11. Art. 3
Judges, Attorneys, and Officers of the Armed Forces and Police,
and members of the National Security, cannot be members of political parties
during their terms of office.
Article One Hundred and fifty four
Ch. 11, Art. 4
Property of the President, Vice Presidents, ministers, members
of the Supreme Court and the Attorney General before and after their term of
office would be registered and monitored by an organ to be set by law.
Article One Hundred and fifty five
Ch. 11, Art. 5
For the ministers, members of the National Assembly, the Supreme
Court, Attorney General and judges, appropriate salaries shall be paid in
accordance with the provisions of law.
Article One Hundred and fifty six
Ch. 11, Art. 6
The Independent Electoral Commission will be established to
organize and supervise any election and to hold a referendum within the country
based on the provisions of the law.
Article One Hundred fifty seven
Ch. 11, Art. 7
The Independent Commission for the Supervision of the
Implementation of the Constitution will be established by law. Members of this
Commission will be appointed by the President.
The Transitional Provisions
Article One Hundred fifty eight
Ch. 12, Art. 1
The Title of the Father of the Nation and the privileges granted
by the Emergency Loya Jirga of 1381 (2002) to His Majesty Mohammad Zahir Former
King of Afghanistan are preserved for him during his lifetime, in accordance
with the provisions of this constitution.
Article One Hundred and fifty nine
Ch. 12. Art. 2
The period, following the adoption of this Constitution, until
the date of inauguration of the National Assembly, is deemed as a transitional
During the transitional period, the Islamic Transitional State
of Afghanistan shall carry out the following tasks:
Issue decrees related to the election of the President, National
Assembly and local councils within six months.
Issue decrees regarding the structure and authorities of the
courts and basic administration structures within one year.
Establish an Independent Electoral Commission.
Implement the reform of the executive and judiciary.
Adopt necessary measures for preparing the ground for
enforcement of the provisions of this Constitution.
Article One Hundred and sixty
Ch. 12. Art. 3
The first elected President takes up his or her duties within
thirty days after the result of the election has been proclaimed, in accordance
with this constitution.
Every effort shall be made to hold the first presidential
election and the parliamentary election at the same time.
Until the establishment of the National Assembly, the powers of
the National Assembly outlined in this constitution shall be held by the
Government. The interim Supreme Court shall be established by Presidential
Article One Hundred and sixty one
Ch. 12. Art. 4
The National Assembly shall exercise its powers immediately
after its establishment in accordance with this constitution.
The Government, and the Supreme Court shall be established
within thirty days after the first session of the Wolesi Jirga is taken place.
The President of the Transitional Islamic State of Afghanistan
shall continue his duties until the elected President has taken up office.
The executive and judicial organs of the State in accordance
with provisions of paragraph 3 of article 157 of this constitution shall
continue their duties, until the formation of the Government and the Supreme
The decrees enforced from the beginning of the interim period,
shall be submitted to the first session of the National Assembly. These decrees
are enforceable until annulment by the National Assembly.
Article One Hundred sixty two
Ch. 12. Art. 5
This constitution enters into force upon its approval by the
Loya Jirga, and will be signed and proclaimed by the President of the
Transitional Islamic State of Afghanistan.
Upon its enforcement, laws and decrees contrary to the
provisions of this constitution are invalid.