قوانین اساسی افغانستان

By the name of Allah THE CONSTITUTION OF AFGHANISTAN APRIL 9, 1923 NIZAMNAMAH-YE-ASASI-E-DAULAT-E-ALIYAH-E-AFGHANISTAN, 20 HAMAL 1302 FROM THE PERSIAN TEXT, WHICH IS A TRANSLATION FROM THE ORIGINAL PASHTU TRANSLATED BY M.A. ANSARI UNDER THE SUPERVISION OF LEON B. POULLADA WITH CORRECTIONS AND VERIFICATION BY FARUQ FARHANG. ARTICLE 1 AFGHANISTAN IS COMPLETELY FREE AND INDEPENDENT IN THE ADMINISTRATION OF ITS DOMESTIC AND FOREIGN AFFAIRS. ALL PARTS AND AREAS OF THE COUNTRY ARE UNDER THE AUTHORITY OF HIS MAJESTY THE KING AND ARE TO BE TREATED AS A SINGLE UNIT WITHOUT DISCRIMINATION BETWEEN DIFFERENT PARTS OF THE COUNTRY. ARTICLE 2 THE RELIGION OF AFGHANISTAN IS THE SACRED RELIGION OF ISLAM. FOLLOWERS OF OTHER RELIGIONS SUCH AS JEWS AND HINDUS RESIDING IN AFGHANISTAN ARE ENTITLED TO THE FULL PROTECTION OF THE STATE PROVIDED THEY DO NOR DISTURB THE PUBLIC PEACE. (SEE APPENDIX B) ARTICLE 3 KABUL IS THE CAPITAL OF AFGHANISTAN BUT ALL THE PEOPLE OF AFGHANISTAN ARE ENTITLED TO RECEIVE EQUAL TREATMENT FROM THE GOVERNMENT AND THE PEOPLE OF KABUL ARE NOT ENTITLED TO ANY SPECIAL PRIVILEGES NOT EXTENDED TO THE PEOPLE OF OTHER CITIES AND VILLAGES OF THE COUNTRY. ARTICLE 4 IN VIEW OF THE EXTRAORDINARY SERVICES RENDERED TO THE CAUSE OF PROGRESS AND INDEPENDENCE OF THE AFGHAN NATION BY HIS MAJESTY THE KING, THE NOBLE NATION OF AFGHANISTAN PLEDGES ITSELF TO THE ROYAL SUCCESSION OF HIS LINE ON THE PRINCIPLE OF MALE INHERITANCE THROUGH SELECTION TO HE MADE HIS MAJESTY AND BY THE PEOPLE OF AFGHANISTAN. HIS MAJESTY THE KING ON ASCENDING THE THRONE WILL PLEDGE TO THE NOBLES AND TO THE PEOPLE THAT HE WILL RULE IN ACCORDANCE WITH THE PRINCIPLES ENUNCIATED IN THE SHARIA AND IN THIS CONSTITUTION AND THAT HE WILL PROTECT THE INDEPENDENCE OF THE COUNTRY AND REMAIN FAITHFUL TO HIS NATION. ARTICLE 5 HIS MAJESTY THE KING IS THE SERVANT AND THE PROTECTOR OF THE TRUE RELIGION OF ISLAM AND HE IS THE RULER AND KING OF ALL THE SUBJECTS OF AFGHANISTAN. ARTICLE 6 THE AFFAIRS OF THE COUNTRY ARE ADMINISTERED BY THE MINISTERS OF THE GOVERNMENT WHO ARE SELECTED AND APPOINTED BY THE KING. EACH MINISTER IS RESPONSIBLE FOR HIS MINISTRY; THEREFORE THE KING IS NOT RESPONSIBLE. ARTICLE 7 MENTION OF THE KING'S NAME IN THE KHUTBA (FRIDAY PRAYERS); MINTING OF COINS IN THE KING'S NAME; DETERMINATION OF THE RANK OF OFFICIALS IN ACCORDANCE WITH APPROPRIATE LAWS; AWARDING OF MEDALS AND DECORATIONS; SELECTION AND APPOINTMENT, DISMISSAL AND TRANSFER OF THE PRIME MINISTER AND OTHER MINISTERS; RATIFICATION OF PUBLIC LAWS, PROMULGATION AND PROTECTION OF PUBLIC LAWS AND OF THE SHARIA; BEING COMMANDER IN CHIEF OF ALL THE ARMED FORCES OF AFGHANISTAN; PROMULGATION AND PROTECTION OF MILITARY RULES AND REGULATIONS; DECLARING WAR, MAKING PEACE AND OTHER TREATIES; GRANTING AMNESTY, PARDONING AND COMMUTING LEGAL PUNISHMENTS; ARE AMONG THE RIGHTS OF HIS MAJESTY THE KING. GENERAL RIGHTS OF THE SUBJECTS OF AFGHANISTAN ARTICLE 8 ALL PERSONS RESIDING IN THE KINGDOM OF AFGHANISTAN, WITHOUT RESPECT TO RELIGIOUS OR SECTARIAN DIFFERENCES, ARE CONSIDERED TO BE SUBJECTS OF AFGHANISTAN. AFGHAN CITIZENSHIP MAY BE OBTAINED OR LOST IN ACCORDANCE WITH THE PROVISIONS OF THE APPROPRIATE LAW. ARTICLE 9 ALL SUBJECTS OF AFGHANISTAN ARE ENDOWED WITH PERSONAL LIBERTY AND ARE PROHIBITED FROM ENCROACHING ON THE LIBERTY OF OTHERS. (SEE APPENDIX B) ARTICLE 10 PERSONAL FREEDOM IS IMMUNE FROM AL FORMS OF VIOLATION OR ENCROACHMENT. NO PERSON MAY BE ARRESTED OR PUNISHED OTHER THAN PURSUANT TO AN ORDER ISSUED BY A SHARIA COURT OR IN ACCORDANCE WITH THE PROVISION OF APPROPRIATE LAWS. THE PRINCIPLE OF SLAVERY IS COMPLETELY ABOLISHED. NO MAN OR WOMAN CAN EMPLOY OTHERS AS SLAVES. ARTICLE 11 THE PRESS AND THE PUBLICATION OF DOMESTIC NEWSPAPERS IS FREE IN ACCORDANCE WITH THE APPROPRIATE PRESS LAW. THE RIGHT TO PUBLISH NEWSPAPERS IS RESERVED TO THE GOVERNMENT AND TO CITIZENS OF AFGHANISTAN. FOREIGN PUBLICATION MAY BE REGULATED OR RESTRICTED BY THE GOVERNMENT. ARTICLE 12 SUBJECTS OF AFGHANISTAN SHALL HAVE THE RIGHT TO ORGANIZE PRIVATE COMPANIES FOR PURPOSES OF COMMERCE, INDUSTRY AND AGRICULTURE, IN ACCORDANCE WITH THE PROVISIONS OF THE RESPECTIVE LAWS. ARTICLE 13 SUBJECTS OF AFGHANISTAN SHALL HAVE THE RIGHT TO SUBMIT INDIVIDUAL OF COLLECTIVE PETITIONS TO GOVERNMENT OFFICIALS FOR THE REDRESS OF ACTS COMMITTED BY OFFICIAL OR OTHERS AGAINST THE SHARIA OR OTHER LAWS OF THE COUNTRY. IN APPROPRIATE CASES IF SUCH PETITIONS ARE NOT HEEDED CITIZENS MAY APPEAL SUCCESSIVELY TO HIGHER AUTHORITIES AND IN CASE THEY STILL FEEL AGGRIEVED THEY MAY APPEAL DIRECTLY TO THE KING. ARTICLE 14 EVERY SUBJECT OF AFGHANISTAN HAS THE RIGHT TO AN EDUCATION AT NO COST AND IN ACCORDANCE WITH THE APPROPRIATE CURRICULUM. FOREIGNERS ARE NOT PERMITTED TO OPERATE SCHOOLS IN AFGHANISTAN BUT ARE NOT BARRED FROM BEING EMPLOYED AS TEACHERS. ARTICLE 15 ALL SCHOOLS IN AFGHANISTAN ARE UNDER THE CONTROL, SUPERVISION, AND INSPECTION OF THE GOVERNMENT WHICH IS CHARGED WIT DEVELOPING THE SCIENTIFIC AND NATIONAL EDUCATION OF ALL CITIZENS ON THE BASIS OF UNITY AND DISCIPLINE BUT THE METHODS AND TEACHING OF THE BELIEFS AND RELIGIONS OF PROTECTED AND REFUGEE SUBJECTS (HINDUS AND JEWS) SHALL NOT BE INTERFERED WITH. ARTICLE 16 ALL SUBJECTS OF AFGHANISTAN HAVE EQUAL RIGHTS AND DUTIES TO THE COUNTRY IN ACCORDANCE WITH SHARIA AND THE LAW'S OF THE STATE. ARTICLE 17 ALL SUBJECTS OF AFGHANISTAN SHALL BE ELIGIBLE FOR EMPLOYMENT IN THE CIVIL SERVICE IN ACCORDANCE WITH THEIR QUALIFICATIONS AND ABILITIES AND WITH THE NEEDS OF THE GOVERNMENT. ARTICLE 18 ALL DETERMINED FORMS OF TAXATION ARE TO BE COLLECTED IN ACCORDANCE WITH APPROPRIATE LAWS AND IN PROPORTION TO THE WEALTH AND POWER OF THE CITIZEN. ARTICLE 19 IN AFGHANISTAN EVERYONE'S REAL AND PERSONAL PROPERTY IN HIS POSSESSION IS PROTECTED. IF REAL PROPERTY IS REQUIRED BY THE GOVERNMENT FOR A PUBLIC PURPOSE THEN IN ACCORDANCE WITH THE PROVISIONS OF A SPECIAL LAW, FIRST THE PRICE OF THE PROPERTY SHALL BE PAID AND THEN IT MAY BE EXPROPRIATED. ARTICLE 20 THE DWELLINGS AND HOMES OF ALL AFGHAN SUBJECTS ARE SACROSANCT AND NEITHER GOVERNMENT OFFICIALS NOR OTHERS MAY VIOLATE A SUBJECT'S HOME WITHOUT HIS PERMISSION OR DUE PROCESS OF LAW. ARTICLE 21 IN THE COURTS OF JUSTICE ALL DISPUTES AND CASES WILL BE DECIDED IN ACCORDANCE WITH THE PRINCIPLES OF SHARIA AND OF GENERAL CIVIL AND CRIMINAL LAWS, ARTICLE 22 CONFISCATION AND FORCED LABOR IS ABSOLUTELY PROHIBITED EXCEPT THAT DURING TIME OF WAR, LABOR SERVICES MAY HE REQUIRED IN ACCORDANCE WITH THE PROVISIONS OF APPROPRIATE LAWS. ARTICLE 23 EXCEPT AS PROVIDED IN THE LAWS OF THE STATE (NIZAMNAMAH) NOTHING WILL BE REQUISITIONED FROM ANYONE. ARTICLE 24 ALL TYPES OF TORTURE ARE HEREBY PROHIBITED. NO PUNISHMENT MAY BE IMPOSED ON ANY PERSON EXCEPT AS PROVIDED IN THE GENERAL PENAL CODE AND THE MILITARY PENAL CODE. (SEE APPENDIX B) MINISTERS ARTICLE 25 THE RESPONSIBILITY FOR THE ADMINISTRATION OF THE GOVERNMENT IS VESTED IN THE COUNCIL OF MINISTERS AND INDEPENDENT DEPARTMENTS (IDARAH-YE-MUSTAQEL). THE CHAIRMAN OF THE COUNCIL OF MINISTERS IS HIS MAJESTY THE KING. IN HIS ABSENCE THE ACTING CHAIRMAN WILL BE THE PRIME MINISTER OR IN HIS ABSENCE THE MINISTER HEADING THE RANKING MINISTRY. (SEE APPENDIX B) ARTICLE 26 WHEN AN ACTING MINISTER IS APPOINTED IN THE ABSENCE OF A MINISTER, THE ACTING MINISTER WILL HAVE ALL THE AUTHORITY AND RIGHTS OF THE MINISTER. ARTICLE 27 A SPECIAL HIGH ASSEMBLY (DARBAR-E-ALI) WILL BE CONVENED EACH YEAR BEFORE THE INDEPENDENCE CELEBRATIONS ON A DAY TO BE DETERMINED BY HIS MAJESTY THE KING. THIS ASSEMBLY WILL BE UNDER THE CHAIRMANSHIP OF HIS MAJESTY THE KING AND WILL BE COMPOSED OF THE HIGH OFFICIALS OF THE GOVERNMENT, THE ELDERS OF THE PEOPLE, THE NOBLES AND OTHERS SELECTED SPECIALLY BY THE KING. IN THIS ASSEMBLY EVERY MINISTER AND THE HEADS OF INDEPENDENT DEPARTMENTS WILL REPORT IN OPEN SESSION ON THE ACHIEVEMENTS AND SERVICES RENDERED DURING THE PAST YEAR. ARTICLE 28 HIS MAJESTY THE KING WILL SELECT AND APPOINT THE PRIME MINISTER AND OTHER MINISTERS. ARTICLE 29 THE COUNCIL OF MINISTERS WILL FORMULATE THE FOREIGN AND DOMESTIC POLICIES OF THE GOVERNMENT. DECISIONS OF THE COUNCIL OF MINISTERS, TREATIES, AGREEMENTS AND OTHER MATTERS THAT MAY REQUIRE RATIFICATION BY HIS MAJESTY THE KING WILL BECOME EFFECTIVE ONLY AFTER SUCH RATIFICATION. ARTICLE 30 EVERY MINISTER WILL EXECUTE THE DUTIES APPROPRIATE TO HIS MINISTRY TO THE FULL EXTENT OF HIS AUTHORITY. MATTERS APPROPRIATE FOR DECISION BY THE KING WILL BE REFERRED TO HIM AND MATTERS GOVERNED BY THE REGULATIONS OF THE COUNCIL OF MINISTERS WILL BE REFERRED TO IT. THE COUNCIL OF MINISTERS WILL DISCUSS THE MATTERS REFERRED TO IT IN ACCORDANCE WITH ITS SPECIAL LAW AND SIGN THE DECISION AND VIEWS EXPRESSED BY THE COUNCIL. ARTICLE 31 ALL MINISTERS ARE RESPONSIBLE TO HIS MAJESTY THE KING BOTH REGARDING THE GENERAL POLICY OF THE GOVERNMENT AS A WHOLE AND THE INDIVIDUAL RESPONSIBILITIES OF THE MINISTER HIMSELF. ARTICLE 32 ORAL COMMUNICATIONS AND COMMANDS FROM HIS MAJESTY THE KING TO MINISTERS SHOULD BE REDUCED TO WRITING AND SIGNED BY THE KING. ARTICLE 33 TRIALS FOR OFFICIAL MISCONDUCT OF MINISTERS WILL TAKE PLACE BEFORE THE HIGH COURT (DIWAN-E-ALI) IN ACCORDANCE WITH THE SPECIAL LAW ON THIS MATTER. TRIALS FOR PERSONAL MISCONDUCT OUTSIDE THE PURVIEW OF THEIR OFFICIAL DUTIES WILL TAKE PLACE IN THE COURTS OF JUSTICE AS FOR ORDINARY CITIZENS. ARTICLE 34 A MINISTER WHO IS ACCUSED BEFORE THE HIGH COURT WILL BE SUSPENDED FROM HIS OFFICIAL DUTIES PENDING THE OUTCOME OF HIS TRIAL. ARTICLE 35 THE SIZE AND ORGANIZATION OF THE VARIOUS MINISTRIES AND THEIR OFFICES AND DUTIES ARE PRESCRIBED IN THE LAW ENTITLED BASIC ORGANIZATION OF THE GOVERNMENT OF AFGHANISTAN (NIZAMNAMAH-YE-TASHKILAT-E-ASASIYAH -E-AFGHANISTAN) GOVERNMENT OFFICIALS ARTICLE 36 OFFICIALS WILL BE APPOINTED ON THE BASIS OF COMPETENCE AND IN ACCORDANCE WITH THE APPROPRIATE LAW'S. NO OFFICIAL CAN BE DISMISSED UNLESS HE RESIGNS OR FOR MISCONDUCT OR FOR THE BEST INTEREST OF THE GOVERNMENT. OFFICIALS WHO MAINTAIN GOOD PERFORMANCE RECORDS WILL BE CONSIDERED WORTHY OF PROMOTION AND EVENTUAL PENSION. ARTICLE 37 DUTIES OF OFFICIALS HAVE BEEN DESCRIBED IN APPROPRIATE LEGISLATION. EVERY OFFICIAL WILL BE RESPONSIBLE FOR THE PERFORMANCE OF HIS DUTIES IN ACCORDANCE WITH SUCH LEGISLATION. ARTICLE 38 ALL OFFICIALS ARE REQUIRED TO OBEY THE LAWFUL ORDERS OF THEIR SUPERIORS. IF AN ORDER IS DEEMED BY AN OFFICIAL TO BE WITHOUT SANCTION OF LAW IT IS HIS DUTY TO REFER THE MATTER TO THE CENTRAL AUTHORITIES OF THE MINISTRY. IF HE EXECUTES SUCH AN ILLEGAL ORDER WITHOUT FIRST HAVING REFERRED IT TO THE CENTRAL AUTHORITY OF HIS MINISTRY, HE WILL BE CONSIDERED TO BE EQUALLY RESPONSIBLE WITH THE OFFICIAL WHO GAVE THE ORDER. PROVINCIAL COUNCILS AND THE STATE COUNCIL ARTICLE 39 THERE IS HEREBY ESTABLISHED A STATE COUNCIL IN THE CAPITAL OF THE KINGDOM AND LOCAL COUNCILS IN THE PROVINCES AND DISTRICT CENTERS, THESE COUNCILS TO ACT AS ADVISORY BODIES. (TRANSLATOR'S NOTE: DISTRICT CENTERS CONSISTED OF FIVE DIFFERENT LEVELS LESS IMPORTANT THAN A PROVINCE. THESE WERE: 1) HUQUMAT-E-ALA, OR HIGH GOVERNORSHIP, WHICH WAS EQUIVALENT TO A PROVINCE BUT SMALLER OR LESS IMPORTANT. 2) HUQUMATI OF 1ST, 2ND, OR 3RD DEGREES WHICH DEPENDED FROM THE PROVINCIAL OR HUQUMATI-E-ALA GOVERNMENTS; AND 3) ALAQADRI OR DISTRICTS WHICH DEPENDED FROM THE HUQUMATI.) ARTICLE 40 MEMBERSHIP IN THE STATE AND LOCAL ADVISORY COUNCILS CONSISTS OF BOTH APPOINTED AND ELECTED MEMBER. ARTICLE 41 APPOINTED MEMBERS OF THE ADVISORY COUNCILS ARE THOSE OFFICIALS ENUMERATED IN THE LAW ON THE BASIC ORGANIZATION OF THE GOVERNMENT OF AFGHANISTAN. THE APPOINTED MEMBERS OF THE STATE COUNCIL ARE DIRECTLY SELECTED AND APPOINTED BY THE KING. THE NUMBER OF APPOINTED MEMBERS WILL BE EQUAL TO THE NUMBER OF ELECTED MEMBERS. THE ELECTED MEMBERS WILL BE SELECTED AND APPOINTED BY THE PEOPLE. SEPARATE ARTICLES IN THE LAW ON THE BASIC ORGANIZATION OF THE GOVERNMENT OF AFGHANISTAN PRESCRIBE THE ELECTION PROCEDURES FOR THESE MEMBERS. ARTICLE 42 THE STATE AND LOCAL COUNCILS IN ADDITION TO THOSE DUTIES PRESCRIBED IN THE BASIC ORGANIZATION LAW WILL: A) MAKE SUGGESTIONS TO THE GOVERNMENT FOR THE IMPROVEMENT OF INDUSTRY, COMMERCE, AGRICULTURE, AND EDUCATION. B) PETITION THE GOVERNMENT REGARDING ANY IRREGULARITIES IN MATTERS OF TAXATION OR GENERAL GOVERNMENT ADMINISTRATION WITH A VIEW TO DEMANDING REMEDIAL ACTION (SEE APPENDIX B) C) COMPLAIN TO THE GOVERNMENT REGARDING ANY VIOLATIONS OF THE BASIC RIGHTS CONFERRED UPON THE PEOPLE BY THIS CONSTITUTION. ARTICLE 43 SUGGESTIONS, PETITIONS, OR COMPLAINTS BY THE ADVISORY COUNCILS WILL BE PRESENTED IN THE FIRST INSTANCE TO THE GOVERNOR OR EXECUTIVE OFFICIAL OF THE DISTRICT PERTAINING TO THE COUNCIL. SUCH GOVERNOR OR OTHER LOCAL OFFICIAL WILL TAKE APPROPRIATE MEASURES WITHIN THE SCOPE OF HIS AUTHORITY. IF SUCH MEASURES WOULD GO BEYOND THE SCOPE OF HIS AUTHORITY HE WILL FORWARD THE MATTER TO THE APPROPRIATE MINISTRY WHICH IN TURN WILL TAKE THE NECESSARY ACTION OR IN APPROPRIATE CASES WILL PROCEED IN ACCORDANCE WITH ARTICLE 30 HEREOF OR IF THE MATTER BE ONE OF LEGAL NATURE THEN IN ACCORDANCE WITH ARTICLE 46 HEREOF. ARTICLE 44 IF WITHIN A MONTH AFTER PRESENTING A PETITION, SUGGESTION, OR COMPLAINT TO THE GOVERNOR OR OTHER LOCAL OFFICIAL, THE ADVISORY COUNCIL HAS NOT RECEIVED A REPLY, IT MAY ON ITS OWN INITIATIVE FORWARD THE MATTER DIRECTLY TO THE STATE COUNCIL. ARTICLE 45 THE STATE COUNCIL WILL THEREUPON PREPARE AN OPINION ON THE CASE AND FORWARD IT TO THE APPROPRIATE MINISTRY. IF THE MINISTRY DELAYS ACTION OF THE CASE THE STATE COUNCIL SHALL FORWARD IT DIRECTLY TO HIS MAJESTY THE KING. ARTICLE 46 LEGISLATION PREPARED AND PROPOSED BY THE GOVERNMENT WILL BE SCRUTINIZED BY THE STATE COUNCIL AND THEN PASSED TO THE COUNCIL OF MINISTERS FOR FURTHER EXAMINATION. IF APPROVED IN BOTH BODIES THEY MAY THEN FORWARD IT TO HIS MAJESTY THE KING FOR RATIFICATION, AFTER WHICH SUCH LEGISLATION BECOMES THE LAW OF THE LAND. ARTICLE 47 IN ADDITION TO THE PERMANENT APPOINTED MEMBERS OF THE STATE COUNCIL, CERTAIN HIGH RANKING CIVIL SERVANTS AND MILITARY OFFICIALS ABOVE THE RANK OF DISTRICT AND PROVINCIAL GOVERNORS AND GOVERNORS GENERAL AND FROM THE MILITARY RANK OF LEWA MISHR (BRIGADIER GENERAL) RESPECTIVELY, MAY BE APPOINTED AS TEMPORARY MEMBERS OF THE STATE COUNCIL UNTIL THEIR APPOINTMENT TO A NEW POST, PROVIDED THEY HAVE NOT BEEN RELIEVED FROM DUTY AWAITING TRIAL. ARTICLE 48 THE STATE COUNCIL WILL REVIEW THE YEARLY BUDGET PREPARED BY THE MINISTRY OF FINANCE IN THE MANNER PRESCRIBED IN THE GENERAL LAW OF THE BUDGET (NIZAMNAMAH-YE-BUJET). ARTICLE 49 THE STATE COUNCIL WILL REVIEW ALL CONTRACTS AND TREATIES AND AGREEMENTS MADE BETWEEN THE GOVERNMENT AND FOREIGNERS. THE COURTS ARTICLE 50 ALL TRIALS IN COURTS OF JUSTICE WILL BE PUBLIC PROVIDED THAT FOR CERTAIN SPECIAL MATTERS ENUMERATED IN THE GENERAL LAW ON COURTS (NIZAMNAMAH -YE-MOHAKAM), THE JUDGE MAY PRESCRIBE A CLOSED TRIAL. ARTICLE 51 EVERY CITIZEN OR PERSON APPEARING BEFORE A COURT OF JUSTICE MAY USE ANY LEGITIMATE MEANS TO INSURE PROTECTION OF HIS RIGHTS. ARTICLE 52 COURTS OF JUSTICE WILL NOT DELAY THE HEARING AND SETTLING OF CASES WHICH IT IS THEIR DUTY TO HEAR. ARTICLE 53 ALL COURTS OF JUSTICE ARE FREE FROM ALL TYPES OF INTERFERENCE AND INTERVENTION. ARTICLE 54 THE VARIOUS TYPES AND HIERARCHY OF COURTS ARE SET FORTH IN THE LAW ON THE BASIC ORGANIZATION OF THE GOVERNMENT OF AFGHANISTAN. ARTICLE 55 NO SPECIAL COURT TO HEAR AND ADJUDICATE A SPECIAL CASE OR ISSUE MAY BE ESTABLISHED OUTSIDE THE FRAMEWORK OF THE REGULAR JUDICIARY. THE HIGH COURT ARTICLE 56 A HIGH COURT WILL BE ESTABLISHED ON A TEMPORARY BASIS FROM TIME TO TIME FOR THE SPECIAL PURPOSE OF TRIALS OF MINISTERS. AFTER COMPLETING ITS TASK IT WILL BE DISSOLVED. ARTICLE 57 THE ORGANIZATION AND PROCEDURES OF THE HIGH COURT WILL BE PRESCRIBED IN A SPECIAL LAW. FINANCIAL AFFAIRS ARTICLE 58 COLLECTION OF ALL STATE TAXES WILL BE IN ACCORDANCE WITH GENERAL LAWS ON TAXATION. ARTICLE 59 A YEARLY BUDGET DETAILING THE INCOME AND EXPENDITURES OF THE GOVERNMENT WILL BE PREPARED AND ALL REVENUES AND EXPENDITURES OF THE GOVERNMENT WILL BE IN ACCORDANCE WITH THE BUDGET. ARTICLE 60 AT THE END OF EACH YEAR A FINANCIAL REPORT WILL HE PREPARED RELATING ACCRUAL REVENUES AND EXPENDITURES OF THE PREVIOUS YEAR TO THOSE DETAILED IN THE BUDGET. ARTICLE 61 IN ACCORDANCE WITH A SPECIAL LAW PASSED FOR THIS PURPOSE, AN AUDITING OFFICE WILL BE ESTABLISHED. THE PRINCIPAL FUNCTION OF THE AUDITING OFFICE WILL BE TO INQUIRE AND REPORT WHETHER THE REVENUES AND EXPENDITURES OF THE GOVERNMENT HAVE ACTUALLY COINCIDED WITH THOSE PRESCRIBED IN THE BUDGET. ARTICLE 62 THE ORGANIZATION AND IMPLEMENTATION OF THE FINANCIAL REPORT AND OF THE BUDGET IS PRESCRIBED IN A SPECIAL LAW PASSED FOR THIS PURPOSE. THE ADMINISTRATION OF PROVINCES ARTICLE 63 PROVINCIAL ADMINISTRATION IS BASED ON THREE BASIC PRINCIPLES: 1) DECENTRALIZATION OF AUTHORITY; 2) CLEAR DELINEATION OF DUTIES; 3) CLEAR DETERMINATION OF RESPONSIBILITIES. ALL THE DUTIES OF PROVINCIAL OFFICIALS HAVE BEEN DETERMINED ON THE BASIS OF THE ABOVE PRINCIPLES AND IN ACCORDANCE WITH THE PERTINENT LAWS. THE AUTHORITY OF THESE OFFICIALS IS LIKEWISE LIMITED BY THESE PRINCIPLES AND LAWS AND EVERY OFFICIAL IS RESPONSIBLE TO HIS SUPERIOR ON THE SAME BASIS. ARTICLE 64 BRANCH OFFICES OF THE MINISTRIES ARE ESTABLISHED IN THE PROVINCES, AND CITIZENS, DEPENDING ON THE SUBJECT MATTER, SHOULD INITIALLY HAVE RECOURSE TO THESE BRANCH OFFICES FOR HELP IN SOLVING THEIR PROBLEMS. ARTICLE 65 IF THE SOLUTION OF THE PROBLEMS OF THE CITIZENS CANNOT BE FOUND BY THE OFFICIALS OF THESE MINISTRY BRANCHES, OR IF THESE OFFICIALS DO NOT DISPOSE OF THE CASE IN ACCORDANCE WITH THE LAWS, THE AGGRIEVED CITIZEN MAY HAVE RECOURSE TO THE SUPERIOR OFFICIALS OF THE MINISTRY BRANCHES OR IF NECESSARY TO THE DISTRICT AND PROVINCIAL GOVERNORS OR GOVERNORS GENERAL. ARTICLE 66 THE ORGANIZATION, FUNCTIONS, AND DUTIES OF MUNICIPALITIES HAVE BEEN SET FORTH IN THE SPECIAL LAW ON MUNICIPALITIES (NIZAMNAMAH-YE-BALADIYAH). ARTICLE 67 MILITARY GOVERNMENT AND MILITARY ADMINISTRATION MAY BE PROCLAIMED BY THE GOVERNMENT IN ANY PART OF THE COUNTRY IN WHICH SIGNS OF DISOBEDIENCE AND REBELLION ARE SUCH AS TO DISTURB THE PUBLIC SECURITY. MISCELLANEOUS ARTICLES ARTICLE 68 ELEMENTARY EDUCATION IS COMPULSORY FOR ALL CITIZENS OF AFGHANISTAN. THE VARIOUS CURRICULA AND BRANCHES OF KNOWLEDGE ARE DETAILED IN A SPECIAL LAW AND THEY WILL BE IMPLEMENTED. ARTICLE 69 NONE OF THE ARTICLES OF THIS CONSTITUTION MAY BE CANCELED OR SUSPENDED FOR WHATEVER REASON OR CAUSE. ARTICLE 70 THIS CONSTITUTION MAY BE AMENDED IN CASE OF NECESSITY UPON PROPOSAL OF TWO THIRDS OF THE MEMBERS OF THE STATE COUNCIL FOLLOWED BY APPROVAL OF THE COUNCIL OF MINISTERS AND RATIFICATION BY HIS MAJESTY THE KING. ARTICLE 71 IF NECESSARY ANY CLARIFICATION OR INTERPRETATION OF ANY ARTICLE OF THIS CONSTITUTION OR OTHER LAWS OF THE STATE MUST BE REFERRED TO THE COUNCIL OF STATE AND FOLLOWING CORRECTION AND EXPLANATION BY THE COUNCIL OF STATE AND APPROVAL BY THE COUNCIL OF MINISTERS IT WILL BE PRINTED AND PUBLISHED. ARTICLE 72 IN THE PROCESS OF LEGISLATION THE ACTUAL LIVING CONDITIONS OF THE PEOPLE, THE EXIGENCIES OF THE TIME AND PARTICULARLY THE REQUIREMENTS OF THE LAW'S OF SHARIA WILL BE GIVEN CAREFUL CONSIDERATION. ARTICLE 73 SECURITY OF PERSONAL CORRESPONDENCE IS ONE OF THE RIGHTS OF ALL CITIZENS AND ALL COMMUNICATIONS HANDLED BY THE POST OFFICE WILL BE SECURE FROM SEARCH AND INSPECTION AND WILL BE DELIVERED TO THE ADDRESSEE IN THE SAME CONDITION THEY WERE RECEIVED UNLESS A COURT ORDER HAS BEEN ISSUED PERMITTING INSPECTION. THE ARTICLES OF THIS CONSTITUTION HAVE BEEN APPROVED UNANIMOUSLY BY THE MINISTERS OF THE GOVERNMENT AND BY ALL THE REPRESENTATIVES OF THE NATION GATHERED IN A GRAND COUNCIL (LOYA JIRGA) IN THE EASTERN PROVINCE (MASHRIQI) AND 872 MEMBERS OF THAT GRAND COUNCIL HAVE SIGNED AND SEALED THIS DOCUMENT FOR THE SUCCESSFUL FOUNDATION OF THE EXALTED STATE OF AFGHANISTAN. IT IS OUR WILL AND COMMAND THAT THIS CONSTITUTION BE INCLUDED AMONG THE OTHER LAW'S OF THE GOVERNMENT AND THAT ALL ITS ARTICLES BE IMPLEMENTED. (SEAL OF KING AMANULLAH) APPENDIX B ANNOTATED AMENDMENTS OF JANUARY 28, 1925 (8 DALW 1303) THE CONSTITUTION OF 20 HAMAL 1302 (APRIL 9, 1923) WAS AMENDED BY THE LOYA JIRGA WHICH MET IN PAGHMAN IN 1924. THE AMENDED TEXT BECAME EFFECTIVE ON 8 DALW 1303 (JANUARY 28, 1925). THE AMENDMENTS WERE A DIRECT RESULT OF THE REBELLION OF THE MANGAL TRIBE IN 1924. THIS REBELLION WAS GIVEN A RELIGIOUS FLAVOR BY CERTAIN RELIGIOUS LEADERS WHO SIDED WITH THE REBELS. KING AMANULLAH IN ORDER TO EXPOSE THIS OFFERED TO SEND A DELEGATION OF RELIGIOUS SCHOLARS FROM KABUL TO DISCUSS THE OBJECTIONS OF THE MANGAL MULLAHS AND PROMISED TO MAKE ANY CHANGES AGREED UPON. THE DISCUSSION TOOK PLACE BUT NO AGREEMENT WAS REACHED IT BECOMING EVIDENT THAT THE TRIBAL MULLAHS SIMPLY WANTED PRETEXTS TO JUSTIFY THE REBELLION. NEVERTHELESS AMANULLAH'S DELEGATES ON RETURNING TO KABUL RECOMMENDED THAT CERTAIN PROVISIONS OF THE CONSTITUTION AND OF SOME LAWS BE CHANGED SO AS TO REMOVE ALL PRETEXT FOR OPPOSITION. THE KING THEN SUMMONED A LOYA JIRGA WHICH MET IN PAGHMAN AT THE END OF 1924 AND RECOMMENDED CERTAIN AMENDMENTS AND CHANGES. THE AMENDED CONSTITUTION WAS THEN REISSUED WITH THE FOLLOWING IMPRIMATUR BY THE KING: THE ARTICLES OF THIS CONSTITUTION WHICH WERE APPROVED UNANIMOUSLY BY THE MINISTERS OF THE GOVERNMENT AND THE REPRESENTATIVES OF THE GRAND COUNCIL WHICH MET IN THE EASTERN PROVINCE FOR THE FOUNDATION OF THE EXALTED STATE OF AFGHANISTAN, HAVE ALSO BEEN PRESENTED TO THE GRAND COUNCIL OF PAGHMAN AND IN ACCORDANCE WITH THE VOTES OF THE MINISTERS OF THE GOVERNMENT AND ALL THE REPRESENTATIVES OF THE NATION INCLUDING SCHOLARS, SADATS AND OTHER RELIGIOUS LEADERS, THESE ARTICLES HAVE BEEN APPROVED. DALW 8, 1303. (SEAL OF KING AMANULLAH) FOLLOWING ARE THE SUBSTANTIVE DIFFERENCES BETWEEN THE ORIGINAL AND AMENDED VERSION OF THE CONSTITUTION: ARTICLE 2 WAS AMENDED BY ADDING TO THE PROVISION THAT THE 'RELIGION OF AFGHANISTAN IS THE SACRED RELIGION OF ISLAM' THE FOLLOWING 'AND ITS OFFICIAL RELIGIOUS RITE IS THE SUBLIME HANAFITE RITE.' ALSO ADDED AT THE END OF THE ARTICLE IS THE PROVISION THAT 'HINDUS AND JEWS MUST PAY THE SPECIAL TAX AND WEAR DISTINCTIVE CLOTHING.' ARTICLE 9 WAS AMENDED BY ADDING THE FOLLOWING: 'AFGHAN SUBJECTS ARE BOUND BY THE RELIGIOUS RITE AND POLITICAL INSTITUTIONS OF AFGHANISTAN.' THE INTENT OF THE ORIGINAL VERSION WAS CLEARLY TO ELIMINATE INVIDIOUS DISCRIMINATION ON THE BASIS OF RELIGION OR OTHER SIMILAR DISTINCTIONS. THE AMENDMENT IN EFFECT PLACES A RELIGIOUS LIMIT ON THE FREEDOM OF THE CITIZEN. MOREOVER IT IS AMBIGUOUS, SINCE IT COULD BE INTERPRETED TO MEAN THAT ALL CITIZENS MUST BE MUSLIMS OF THE HANAFITE RITE. THIS APPARENTLY WAS NOT INTENDED, ONLY MEANING, JUDGING FROM SUBSEQUENT PRACTICE, BEING THAT ALL CITIZENS OF WHATEVER CREED MUST RESPECT THE FACT THAT THE STATE RELIGION WAS THE HANAFITE AND SUNNI. ARTICLE 24 WAS AMENDED BY ADDING AS THE END OF THE ARTICLE THE FOLLOWING: 'EXCEPT THOSE PUNISHMENTS WHICH ARE IN ACCORDANCE WITH THE RULES OF THE SHARIA AND WHICH ARE IN ACCORD WITH OTHER PUBLIC LAWS WHICH ARE THEMSELVES CODIFIED ACCORDING TO THE RULES OF SHARIA.' ARTICLE 25 WAS AMENDED BY REMOVING THE WORD 'ACTING' BEFORE THE WORD 'CHAIRMAN' WHEN REFERRING TO THE PRIME MINISTER IN HIS CAPACITY IN THE ABSENCE OF THE KING. THE REASON FOR THIS AMENDMENT IS OBSCURE AND SEEMS TO BE BASED ON CONSIDERATIONS OF PERSONAL RELATIONS BETWEEN THE KING AND THE PRIME MINISTER AT THE TIME. ARTICLE 42 (B) WAS AMENDED BY ADDING THE WORD 'STATE' BEFORE THE WORD 'TAXATION.' ACCORDING TO SOME SOURCES, THE PURPOSE WAS TO SPARE THE CENTRAL GOVERNMENT FROM COMPLAINTS ABOUT LOCAL TAXES. ACCORDING TO OTHER SOURCES THE PURPOSE WAS TO CLARIFY THE POSITION THAT THE TAXING POWER WAS VESTED ONLY IN THE STATE AND WAS NOT TO BE USED BY LOCAL OFFICIALS OR LOCAL CHIEFS. USSOLE ASSASI (THE MAIN PRINCIPLES) GOVERNMENT OF AFGHANISTAN By the name of Allah PUBLISHED 3 JADI 1311(13-Dec- 1932) 2 BY THE NAME OF ALLAH THE MOST COMPASSIONATE, MOST MERCIFUL THE MAIN PRINCIPLES OF AFGHANISTAN GOVERNMENT 3 GENERAL PRINCIPLES Article 1. Islam is the sacred religion of Afghanistan and the religious rites performed by the state shall be according to the provisions of the Hanafi doctrine. The King of Afghanistan should be from Hanafi sect, other religious followers (Hindus, Jewish……) can live in Afghanistan and their rights will be protected as a citizen unless they harm and interrupt society. Article 2. The Afghanistan government independently manages all internal and external governmental affairs and all organizations in all over Afghanistan function according to the instructions and guidance of the Afghanistan government as one nation. Article 3. Kabul is the capital of Afghanistan and all citizens of Afghanistan have equal rights and there will be no extra privileges for Kabul citizens than those in any other provinces in Afghanistan. Article 4. The Afghanistan flag is tri color (Black, Red and Green), having in the middle the insignia of the Mehrab (an arch in a mosque where the praying congregation stands, facing the Kaba in Mecca) and the Member (a many tiered pulp placed to the right of the Mehrab in a mosque from which messages are delivered) in white flanked by two flags and ensconced in two sheaves of wheat. 4 Privileges and Rights of the King Article 5. To appreciate the patriotism, devotion and performances of his Majesty and patriot Muhammad Nadir Shah has given Afghanistan on independence and survival and overthrowing the foundation of brutality in Afghanistan, the nation of Afghanistan considers him a meritorious and deserving King and also because his Excellency is committed to act according to the Islamic Shariea and Hanafi sect as well as main principles of the Afghanistan government and will consider the independence of Afghanistan as one of his top priorities and will be honest to the Afghanistan nation, Afghanistan is committed in transferring the Kingdom of Afghanistan to the family of this patriot King in accordance to the selection of his Excellency and the nation of Afghanistan. Description. The King’s family will be considered successor and should be his Excellency’s son or brother and must be 18 years or older. Article 6. The King of Afghanistan should take the following oath in National Assembly in presence of the National Assembly members. “In the name of Allah, the great, I swear to be conscientious of his omnipresence in all my actions, that I shall protect the sacred principles of the religion of Islam, shall guard the Constitution, shall protect the independence and territorial integrity of the country as well as the laws of the state and the rights of the people; and, invoking divine assistance, shall reign in accordance with the provisions of the Constitution of Afghanistan and devote my efforts to the well being and progress of the Afghan nation.” Article 7. The name of the King is mentioned in khutbas (the khutba is an address delivered as a religious rite on occasions specified in the Islamic religion). Coins shall be minted in the name of the King, His majesty the King appoints the prime Minister, approves the appointing of Ministers, declares war and armistice, approves the principles drafted by the National Assembly and remits and pardons sentences according to the holy Shariea. Article 8. The royal expenditures shall be fixed in the state budget according to the law of the royal expenses. 5 The Basic Rights of the People of Afghanistan Article 9. The people of Afghanistan, without any discrimination or preference, have equal rights. Article 10. All Afghanistan citizens are obligated to obey all state principles and laws on religious and political affairs. Liberty is the natural right of the human being. This right has no limitations except the liberty of others and public interests as defined by the law. Article 11. Liberty is the natural right of the human being. No one may be punished except by the order of a competent court. No one may be detained except on order of a competent court. Article 12. Trade, Industry and Agriculture is the right and privilege of every Afghan in accordance with the provisions of the law. Article 13. The people of Afghanistan have the equal right against the Islamic Shariea and religious related principles. Article 14. The citizens of Afghanistan are admitted to the service of the state on the basis of their qualifications and in accordance with the provisions of the law. Article 15. Property is inviolable. No one’s property can be confiscated except in accordance with the provision of the law. Expropriation is allowed only for securing the public interest. Article 16. A person’s residence is inviolable. No one, including the state, can enter or search a residence without the permission of the resident or the orders of a competent court and in accordance with the conditions and procedures specified by the law. 6 Article 17. No one’s property can be confiscated except for those persons who live in a foreign country and act against the Afghanistan government. Article 18. Forced labor, even for the benefit of the state, is not permissible but labor and service during war is an exceptional factor. Article 19. Punishments and other kinds of insults are prohibited. No one may be punished except by the order of the Shariea and Islamic Constitution of Afghanistan. Article 20. Primary education is compulsory for all children in Afghanistan. Article 21. Every Afghan can teach Islamic education. Every Afghan citizen is allowed to teach Islamic studies. Foreigners are not allowed to establish and manage madrasas (Islamic schools) except for those instructors who are in Afghanistan to teach language literature, arts and industrial techniques. Article 22. In order to make sure that all educational institutions conduct their programs in accordance with Islamic principles, all educational institutions shall be monitored and inspected by the Afghanistan Islamic government. Article 23. Internal medias and publications which function in accordance with the rules and policies developed for medias and publications and all external publications which do not harm the Afghanistan religion, politics and culture have the permission to operate. Article 24. Resolving personal conflicts is a responsibility of the Ministry of Justice related courts and if the conflict is not resolved in court the case shall be sent to the related Ministry and if the case is not resolved at the Ministry level then it should go to the Prime Minister’s office and if the case holder is not satisfied, the case should go to the Kings office. 7 Article 25. The rate of tax and duty as well as the method of payment shall be determined by law with consideration for social justice. Article 26. No duty or tax of any kind shall be levied without the provisions of the law. The Shura (National Assembly) Article 27. The Shura (National Assembly) in Afghanistan manifests the will of the people and represents the whole of the nation. The Shura was established by his Majesty Hamayooni and was approved by the 1309th Jerga session in Kabul (Capital of Afghanistan).1 Article 28. The people of Afghanistan participate through the Shura in the political life of the country. Although elected from a particular constituency, each member of the Shura shall at the time of expressing his opinion take the general interest of the whole of Afghanistan as the basis for his judgment. Article 29. The Shura shall consist of the elected representatives of Kabul and all Afghanistan provinces. The National Assembly will meet in Kabul. Article 30. The number of people who shall participate in the National Assembly is determined in approved election regulations. 1 For this English translation, the term “National Assembly” was used based on the writings of Mir Gholan Mohammad Ghobar in his book “Afghanistan in the Course of History, Volume Two” published by All Prints Inc., Herndon, VA 20170, February 2001. See Page 82, “Domest ic Policy.” The term “Shura” is used interchangeably with the phrase “National Assembly” and no attempt was made to alter the original writings unless necessary for clarity in English, which was done sparingly. 8 Article 31. The work period for elected National Assembly members is 3 years. The period starts from the date of establishment of the National Assembly and every 3 years an election will take place to reelect the National Assembly members. The electoral (the people of Afghanistan) are authorized to elect their favorite candidate even if the candidate is a former National Assembly member. Article 32. Leave times and the restarting of the Shura will be specified in internal plans and policies of the National Assembly. If during their time off the state of Afghanistan requires a law or policy, the state is authorized to develop a temporary policy and implement it in accordance with the Kings directions. Article 34. Emergency National Assembly meetings can take place while National Assembly members are on leave and if the situation is really urgent and the National Assembly cannot wait for provincial representatives, the meeting can take place with the presence of the representatives from the capital and neighboring provinces. Article 35. After the opening ceremony of the National Assembly, each member of the National Assembly shall take an oath in the presence of his Majesty the King. Article 36. Each member of the National Assembly shall take the following oath and also sign the sworn statement of oath. Sworn Statement of Oath Article 37. “In the name of Allah, the great, because of the Afghanistan people’s trust, I swear to be honest and loyal to the people and the government of Afghanistan.” Article 38. No legal proceedings can be brought against a member of the Shura for expressing an opinion or idea while performing his duty inside or outside of the Shura. 9 Missions Article 40. The National Assembly shall conduct its internal functions (election of the first and second chiefs, recording officer and other principles) in accordance with the internal rules and regulations of the National Assembly. Article 41. All rules and regulations which are effective in accelerating the betterment of the current conditions and for the betterment of the government shall be approved by the National Assembly. Article 42. Approval of financial affairs, acceptance or rejection of new rules and regulations are National Assembly authorities. Article 43. The state budget shall be evaluated and approved by the National Assembly after it is developed and recommended by the Ministry of Finance. Article 44. Applying, revising and terminating new rules and regulations, whether they are recommended by the National Assembly or Ministers, will take place after they are approved by National Assembly. Article 45. All privileges, organizational structures of companies, and any other companies shall be approved by National Assembly. Article 46. Conclusion of agreements, commitments (trade, industrial, etc.) both internal and external shall be approved by National Assembly. 10 Article 47. Receiving governmental loans, whether they are internal or external and for any reason, shall take place only after approval by the National Assembly. Article 48. The extension of rail roads or highways using the state budget or internal or external companies can occur only after approval by the National Assembly. Article 49. The National Assembly can request to meet his majesty the King but the delegation should contain 6 National Assembly members from different sections. Article 50. The Ministers are authorized to participate in National Assembly meetings and are also authorized to, if required, give explanations regarding specific issues. The subject shall be pre-specified to the Ministers. Article 51. All new laws which are required by state will be prepared and signed by the related Ministry, shall be taken to National Assembly by Ministers or Prime Ministers and after approval of National Assembly shall be presented for the King’s signature and shall be implemented. Article 52. The head of the National Assembly is authorized to hold secret meetings (if necessary) by his own decision or they shall be recommended by ten (10) members of the National Assembly or by a Minister. The secret meeting shall be held without the presence of the media and reporters. The content of the meeting shall be uncovered or revealed when the issue is discussed with three quarters (3/4) of the National Assembly members and is accepted by the majority of the three quarters (3/4), and if it is not accepted the issue shall not be uncovered and shall not be mentioned to any other members of the National Assembly. Article 53. Whenever a secret session is requested by the head of the Shura, any member is authorized to release the information to the public; but if the secret session is requested by a Minister then the Minister shall be authorized to release the information to the public (if reasonable). 11 Article 54. Whenever an idea which is raised by a Minister is not accepted by the Shura the Minister shall update the idea and the idea shall be presented to the Shura when the Minister accepts or rejects the comments made by the Shura members. Presentation of an issue by Shura (National Assembly) Members Article 55. Whenever, an issue is raised by Shura members it shall be negotiated when it is approved by at least a quarter of the Shura members. The written issue shall be presented to the head of the Shura and the issue shall be discussed and investigated by the Investigation Committee. Article 56. The number of Shura members who are selected by the Shura and approved by head of the Shura shall be called the Investigation Committee. Article 57. Whenever, an idea is raised by a Shura member (Article 55) and it relates to a Minister then the Minister shall be informed and shall be asked for his/her or his/her deputy presence. Article 58. If the Minister does not agree with the ideas raised by a Shura member he/she shall present the facts and reasons to satisfy the Shura member. Article 59. Whenever, a Minister is asked for more clarification of an issue, the Minister must prepare and provide additional clarification to the Shura members unless prohibited by reasonable fact. 12 Article 60. All citizens shall resolve their problems through the related ministries and departments and whenever the problem is not resolved, the issue (problem) shall be sent to the Shura through the provincial council members and if necessary, it shall be sent to the Prime Ministers office. Article 61. In case of death of the King, if the Shura is not in session it shall hold back and holding of Shura shall not be delayed more than 20 days after the King’s death. Article 62. If the Shura member period is over before the death of the King and by death of the King new National Assembly members are not assigned, the Shura shall be held by current members of the Shura. Article 63. All rules, regulations and laws approved by the Shura should not be in conflict with Islamic religion and state internal policies. Article 64. All regulations, laws and decisions approved by the Shura shall be implemented after they are signed by his majesty the King. Elders Council Article 65. The Elder’s Council consists of experienced and qualified individuals who shall be elected and appointed by his majesty the King. All Elders Council meetings shall be held in Kabul. Article 66. Approval of related regulations is the responsibility of both the National and Elder’s Councils and all the recommendations raised by Ministers shall be discussed in the Elder’s Council and shall be sent to the National Council session for approval and vise versa all regulations for the National Council shall be reviewed and shall be approved by the Elder’s Council. 13 Article 67. The National Council opening shall not be delayed if the Elder’s Council is not held but it shall be approved by his majesty the King. Article 68. The issues which are approved by Elder’s Council shall be sent to the National Council session and if it is not acceptable for the National Council a different combined session consisting of the National Council members and Elders Council members will be developed. The members of the combined session (20 people) will be selected equally from both sides (National Council and Elders Council) and if the issue is not resolved it shall be presented to his majesty the King. Provincial Council Sessions Article 69. In all the major provinces one provincial council shall be established. Article 70. A special regulation shall be developed for election, number of members and mission of provincial councils. Ministers Rights and Missions Article 71. All executive affairs shall be conducted by state Ministers who shall be selected by the Prime Minister and shall be approved by his majesty the King. Article 72. The prime Minister is the head of Ministers’ delegation and in his absence the authority shall be delegated to one of the Ministers to act as a head of the delegation. Article 73. No one can occupy a Ministerial position unless he/she is a Muslim and an Afghan citizen. 14 Article 74. All the Ministers are collectively responsible to the national council for the general policy of the state and individually for their prescribed duties. Article 75. All their responsibilities and policies shall be specified in a specific regulation. Article 76. All Ministers can execute their rights and missions in accordance with their delegated authorities and all the performances which are beyond their authority shall be presented to the prime Minister and his majesty the King. Article 77. Whenever there is a suspicion about a Minister’s official activities he/she will be sent to the Supreme Court for trial. On personal or unofficial matters the Minister shall be sent to the Court of Justice. Article 78. If a Minister is found accused, he/she shall be suspended until the final verdict by the court. Article 79. In the absence of the Minister, the Deputy Minister or any appointed Acting Minister shall have the full authority of the Minister. Article 80. To inspect and evaluate the general situation of all ministries, an inspection delegation shall be selected and assigned by the National Assembly and a special position description shall be developed for that delegation. Article 81. The number of ministries, their organizational structure and position descriptions shall be mentioned in the regulation of fundamental organizational structures. 15 Soldiers Article 82. Recruiting soldiers shall take place in accordance with special principles and all military rights and promotions will be in accordance with specific principles. Article 83. Rights and ranks of the soldiers shall be never taken away unless there is a reasonable fact or reason to do so. Article 84. Foreigners shall not be accepted as soldiers in Afghanistan, except, medical officers and operations advisors and mentors. Financial Affairs Article 85. All governmental taxes shall be charged in accordance with specified regulations. Article 86. A governmental budget for expenditures and imported items shall be developed in accordance with article 43. This particular budget shall be used for governmental expenditures and imported items and all expenditures shall be accounted for in accordance with this budget. Article 87. After implementation and execution of an annual budget, a final calculation shall take place for the exact amount of imported items and annual expenditures. Article 88. For better management of a budget and expenditures and also for better implementation a specific 16 Article 89. Any kind of financial discount and exempt shall take place in accordance with the specified regulation. Miscellaneous Principles Article 90. Postal and document security is a responsibility of the Post Office and until there is a court order for searching such documents and posted materials no one can open them and they shall be delivered to the addressee in a secure manner. Article 91. Whenever, there is a verbal order given by his majesty the King or the Prime Minister to a Minister or any other state employee the signature of his majesty the King or Prime Minister shall be taken as a written order. Implementation and execution of this Main Principle is ordered. Written 8 Aqrab 1310/ 19 Jamadi ulsani / 28 Sep 1931 By the name of Allah USSOLE ASSASI (MAIN PRINCIPLES) GOVERNMENT OF AFGHANISTAN ------------------------------ PUBLISHED Dalwa 1330 (January 1952) BY THE NAME OF ALLAH THE MOST COMPASSIONATE, MOST MERCIFUL THE MAIN PRINCIPLES OF AFGHANISTAN GOVERNMENT GENERAL PRINCIPLES. Article 1. Islam is the sacred religion of Afghanistan and the religious rites performed by the state shall be according to the provisions of the Hanafi doctrine. The King of Afghanistan should be from Hanafi sect, other religion followers ( Hindus, Jewish……) can live in Afghanistan and their rights will be protected as a citizen unless they harm and interrupt society. Article 2. The Afghanistan government independently manages all internal and external governmental affairs and all organizations in all over Afghanistan function according to the instructions and guidance of the Afghanistan government as one nation. Article 3. Kabul is the capital of Afghanistan and all citizens of Afghanistan have equal rights and there will be no extra privileges for Kabul citizens than the any other provinces in Afghanistan. Article 4. Afghanistan flag is tri-color (Black, Red and Green) having in the middle the insignia of the Mehrab (an arch in a mosque where the praying congregation stands, facing the Kaaba in Mecca) and the Member (a many tiered pulpit placed to the right of the Mehrab in a mosque, from which messages are delivered) in white, flanked by two flags and ensconced in two sheaves of wheat. Privileges and Rights of the King Article 5. To appreciate the patriotism and devotion and performances of his Majesty and patriot, Muhammad Nadir Shah has given Afghanistan on independence and survival and overthrowing the foundation of brutality in Afghanistan, the nation of Afghanistan considers him a meritorious and deserving King and also because his Excellency is committed to act according to the Islamic Sharia and Hanafi sect, as well as maintain the principles of the Afghanistan government and will consider the independence of Afghanistan of one of his top priorities and will be honest to the Afghanistan nation, the Afghanistan nation is committed in transferring the Kingdom of Afghanistan to the family of this patriot King in accordance to the selection of his Excellency and the nation of Afghanistan. Description. The King’s family will be considered successor and the successor should be his Excellency’s son or brother and must be 18 years or older. Article 6. The King of Afghanistan should take the following oath in the National Assembly in the presence of National Assembly members: “In the name of Allah, the great, I swear to be conscientious of his omnipresence in all my actions, that I shall protect the sacred principles of the religion of Islam, shall guard the Constitution, shall protect the independence and territorial integrity of the country as well as the laws of the state and the rights of the people; and, invoking divine assistance, shall reign in accordance with the provisions of the Constitution of Afghanistan and devote my efforts to the well being and progress of the Afghan nation.” Article 7. The name of the King is mentioned in Khutbas (The Khutba is an address delivered as a religious rite on occasions specified in the Islamic religion). Coins shall be minted in the name of the King, His majesty the King appoints the Prime Minister, approves the appointing of Ministers, declares war and armistice, approves the principles drafted by the National Assembly, remits and pardons sentences according to the holy Sharia. Article 8. The royal expenditure shall be fixed in the state budget according to the law of the royal expenses. The Basic Right of the People of Afghanistan Article 9. The people of Afghanistan, without any discrimination or preference, have equal rights. Article 10. All Afghanistan citizens are obliged to obey all state principles and laws on religious and political affairs. Liberty is the natural right of the human being. This right has no limitations except the liberty of others and public interests as defined by the law. Article 11. Liberty is the natural right of the human being. No one may be punished except by the order of a competent court. No one may be detained except on order of a competent court. Article 12. Trade, Industry, Agriculture is the right and privilege of every Afghan in accordance with the provisions of the law. Article 13. The people of Afghanistan have the equal right against the Islamic Sharia and religious related principles. Article 14. The citizens of Afghanistan are admitted to the service of the state on the basis of their qualifications and in accordance with the provisions of the law. Article 15. Property is inviolable. No one’s property can be confiscated except in accordance with the provision of the law. Expropriation is allowed only for securing the public interest. Article 16. A person’s residence is inviolable. No one, including the state, can enter or search a residence without the permission of the resident or the orders of a competent court and in accordance with the conditions and procedures specified by the law. Article 17. No one’s property can be confiscated except for those persons who live in foreign country and act against Afghanistan government. Article 18. Forced labor, even for the benefit of the state, is not permissible but labor and service during war is an exceptional factor. Article 19. Punishments and other kinds of insults are prohibited. No one may be punished except by the order of the Sharia and Islamic Constitution of Afghanistan. Article 20. Primary education is compulsory for all children in Afghanistan. Article 21. Every Afghan can teach Islamic education. Every Afghan citizen is allowed to teach Islamic studies. Foreigners are not allowed to establish and manage madrassas (Islamic schools) except those instructors who are in Afghanistan to teach language literature, arts and industrial techniques. Article 22. In order to make sure that all educational institutions conduct their programs in accordance with the Islamic principles, all educational institutions shall be monitored and inspected by Afghanistan Islamic government. Article 23. Internal medias and publications which function in accordance with the rules and policies developed for medias and publications and all external publication which do not harm Afghanistan religion, politics and culture have the permission to operate. Article 24. Resolving personal conflicts is a responsibility of Ministry of Justice related courts and if the conflict is not resolved in court the case shall be sent to the related Ministry and if the case is not resolved in the Ministry level, then it should go to Prime Minister’s office and if the case holder is not satisfied, the case should go to the Kings office. Article 25. The rate of tax and duty as well as the method of payment shall be determined by law with consideration for social justice. Article 26. No duty or tax of any kind shall be levied without the provisions of the law. The Shura (National Assembly) Article 27. The Shura (National Assembly) in Afghanistan manifests the will of the people and represents the whole of the nation. The Shura was established by his Majesty Hamayooni and was approved on 1309th Jerga in Kabul (Capital of Afghanistan). Article 28. The people of Afghanistan participate through the Shura in the political life of the country. Although elected from a particular constituency, each member of the Shura shall at the time of expressing his opinion take the general interest of the whole of Afghanistan as the basis for his judgment. Article 29. The Shura shall consist of the elected representatives of Kabul and all Afghanistan provinces. The National Assembly will meet in Kabul. Article 30. The number of people who shall participate in the National Assembly is determined in approved election regulations. Article 31. The work period for the elected National Assembly members is 3 years. The period starts from the date of establishment of the National Assembly and every 3 years an election will take place to reelect the National Assembly members. The electoral (people of Afghanistan) are authorized to elect their favorite candidate even if the candidate is one of the former National Assembly members. Article 32. Leave times and the restarting of the Shura will be specified in internal plans and policies of the National Assembly. If during their time off the state of Afghanistan requires a law or policy, the state is authorized to develop a temporary policy and implement it in accordance with the Kings directions. Article 34. Emergency National Assembly meetings can take place while National Assembly members are on leave and if the situation is really urgent and the National Assembly cannot wait for provincial representatives, the meeting can take place with the presence of the representatives from the capital and neighboring provinces. Article 35. After the opening ceremony of the National Assembly, each member of the National Assembly shall take an oath in presence of his Majesty the King. Article 36. Each member of the National Assembly shall take the following oath and also sign the sworn statement of oath. Sworn Statement of Oath Article 37. “In the name of Allah, the great, because of the Afghanistan people’s trust, I swear to be honest and loyal to the people and the government of Afghanistan.” Article 38. No legal proceedings can be brought against a member of the Shura for expressing an opinion or idea while performing his duty inside and outside of the Shura. Missions Article 40. The National Assembly shall conduct its internal functions (electing of the first and second chiefs, recording officer and other principles) in accordance with the internal rules and regulations of the National Assembly. Article 41. All rules and regulations which are effective in accelerating the betterment of current conditions and for the betterment of the government shall be approved by the National Assembly. Article 42. Approval of financial affairs and acceptance or rejection of new rules and regulations are the National Assembly’s authorities. Article 43. The state budget shall be evaluated and approved by the National Assembly, after it is developed and recommended by the Ministry of Finance. Article 44. Applying, revising and terminating new rules and regulations, whether they are recommended by the National Assembly or Ministers, will take place after they are approved by the National Assembly. Article 45. All privileges, organizational structures of companies and any other companies shall be approved by the National Assembly. Article 46. Conclusion of agreements, commitments (trade, industrial, etc) both internal and external shall be approved by the National Assembly. Article 47. Receiving governmental loans, whether they are internal or external and for any reason, shall take place after approval of the National Assembly. Article 48. The extension of rail roads or highways using the state budget or internal or external companies can take place after approval of the National Assembly. Article 49. The National Assembly can request to meet his majesty the King but the delegation should contain 6 National Assembly members from different sections. Article 50. The Ministers are authorized to participate in National Assembly meetings and also are authorized to, if required, give explanations regarding specific issues. The subject shall be pre-specified to the Ministers. Article 51. All new laws which are required by state will be prepared and signed by the related Ministry, shall be taken to National Assembly by Ministers or Prime Ministers and after approval of the National Assembly shall be presented for the King’s signature and shall be implemented. Article 52. The head of the National Assembly is authorized to hold a secret meeting (if necessary) by his own decision or they shall be recommended by ten (10) members of the National Assembly or a Minister. The secret meeting shall be held without the presence of the media and reporters. The content of the meeting shall be uncovered or revealed when the issue is discussed with three quarters of the National Assembly members and is accepted by the majority of the three quarters, and if it is not accepted the issue shall not be uncovered and shall be not mentioned to any members of the National Assembly. Article 53. Whenever, a secret session is requested by the head of the Shura, he or she is authorized to release the information to the public, but if the secret session is requested by a Minister, then the Minister shall be authorized to release the information to the public(if reasonable). Article 54. Ministers are authorized to reject or ignore other stated comments, but if the comment was made in accordance with the Council members, than it requires the agreement of Council members. Article 55. Whenever, an idea that is raised by a Minister is not accepted by the Shura, the Minister shall update the idea and the idea shall be submitted to the Shura when the Minister accepts or rejects the comments made by the Shura members. Article 56. All issues shall be voted on by Council members as accepted or rejected. No one can stop them or threaten them for accepting or rejecting an issue. Rejecting or accepting ideas shall be done by using black and white papers. Presentation of an issue by Shura (National Assembly) Members Article 57. Whenever, an issue is raised by Shura members, the issue shall be negotiated when it is approved by at least a quarter of the Shura members. The written issue shall be presented to the head of the Shura and the issue shall be discussed and investigated. Article 58. The number of Shura members who are selected by Shura members and approved by the head of Shura shall be called the Investigation Committee. Article 59. Whenever an idea is raised by a Shura member(Article 55) and it relates to a Minister, the Minister shall be informed and shall be asked for his/her or his/her deputy presence. Article 60. If the Minister is not convinced with the ideas raised by Shura members, he/she shall present the facts and reasons to convince the Shura members. Article 61. Whenever, a Minister is asked for more clarification of an issue, the Minister must prepare and give the clarification to the Shura members unless there is a factual reason not to. Article 62. All citizens shall resolve their problems through the related Ministries and departments and whenever the problem is not resolved, the issue or problem shall be sent to the Shura through the provincial Council members and if necessary, it shall be sent to the Prime Minister’s office. Article 63. In case of death of the King, if the Shura is not in session and cannot meet, the holding of a Shura session shall not be delayed more then 20 days after the King’s death. Article 64. If the Shura member period expires before the death of the King and by death of the King new National Assembly members are not assigned, the Shura shall be held by current members of the Shura. Article 65. All rules, regulations and laws approved by National Assembly should not be in conflict with Islamic religion and state internal policies. Article 66. All regulations, laws and decisions approved by National Assembly shall be implemented after they are signed by his majesty the King. Elders Council Article 67. The Elder’s Council consists of experienced and qualified individuals who shall be elected and appointed by his majesty the King. The meeting place for the Elder’s Council shall be in Kabul. Article 68. Approval of related regulations is a responsibility of both the National and Elder’s Council, all the recommendations raised by Ministers shall be discussed in this Council and shall be sent to National Council session for approval and vise versa and all regulations for the National Council shall be reviewed and shall be approved by the Elder’s Council. Article 69. The opening of the National Council shall not be delayed if the Elder’s Council is not held yet, but it shall be approved by his majesty the King. Article 70. The issues which are approved by Elder’s Council shall be sent to National Council session, and if they are not acceptable for the National Council, a different combined session of National Council members and Elders Council members will be developed. The members of the combined session of 20 people will be selected equally from both sides (the National Council and Elder’s Council) and if the issue is not resolved, it shall be presented to his majesty the King. Provincial Council Sessions Article 71. In all the major provinces one Provincial Council shall be established. Article 72. A special regulation shall be developed for the election, number of members and mission of the provincial Councils. Ministers Rights and Missions Article 73. All executive affairs shall be conducted by state Ministers who shall be selected by the Prime Minister and shall be approved by his majesty the King. Article 74. The Prime Minister is the head of Ministers’ delegation and in his absence the authority shall be delegated to one of the Ministers to act as a head of the delegation. Article 75. No one can occupy a Ministerial position, unless he/she is a Muslim and an Afghan citizen. Article 76. All Ministers are collectively responsible to the National Council for the general policy of the state and individually for there prescribed duties. Article 77. All the responsibilities and policies for Ministers shall be specified in a specific regulation. Article 78. All Ministers can execute their duties in accordance with their delegated authorities, and all the performances which are beyond their authority shall be presented to the Prime Minister and his majesty the King. Article 79. Whenever there is a suspicion about Minister’s official activities, he/she will be sent to the Supreme Court for trial. On personal issues, the Minister shall be sent to the Court of Justice. Article 80. If a Minister is accused, he/she shall be suspended until the final clarification by the court. Article 81. In the absence of the Minister, the deputy Minister or any appointed individual as the acting Minister shall have the full authority of the Minster. Article 82. To inspect and evaluate the general situation of all Ministries, an inspection delegation shall be selected and assigned by the National Assembly and a special position description shall be developed for that delegation. Article 83. The number of Ministries, their organizational structure, and position descriptions shall be mentioned in the regulation of the fundamental organizational structure. Government Employee Rights Article 84. All government employees shall be assigned base on their proficiency and eligibility and in accordance with the special rules and principles. None of the employees shall be fired or replaced without a reason and the good discipline and qualified employees shall get promotions and rewards for their efforts in accordance with the special regulation for promotions and rewards. Article 85. All government employees are obligated to obey the orders which are given to them by their superiors in accordance with the issue related regulations and no one can take an action which is in conflict with that specific regulation. Whenever a subordinate employee is forced to act against the specific regulation, the subordinate employees shall report the situation to their related Ministry or to the Prime Minister’s office. Article 86. All position descriptions shall be published in separate regulations for each Ministry so employees can be held responsible for their assigned position and mission. Courts Article 87. All justice courts shall be used as the public forum. Article 88. In all justice and Sharia courts all the decisions shall be made in accordance with the rules and regulations of the Hanafi sect. Article 89. All courts shall be free from any kind of influence. Article 90. All forums shall take place in a public forum except for those cases which are ordered to take place in secret. Article 91. Anyone who has a forum in the court can recommend any kind of legal possibilities to defend his/her case. Article 92. Justice courts can not delay or postpone any cases except when there is a legal reason for that specific case to be postponed. Article 93. No one can carry out an exceptional court outside of the justice court. This rule applies on any kind of forum. Article 94. Classifications and the levels of authorities of each court shall be published as a special courts regulation. Supreme Court Article 95. The Supreme Court shall be in session temporarily and only when there is a case at the Ministerial level and after the forum is completed, the Supreme Court session shall be out of session. Article 96. A specific regulation shall be published for conducting cases in the Supreme Court as well as conducting the internal procedures and principles of the Supreme Court. Financial Affairs Article 97. All governmental taxes shall be charged in accordance with specified regulations. Article 98. A governmental budget for expenditure and imported items shall be developed in accordance with the article 43. This particular budget shall be used for governmental expenditures and imported items and all expenditures shall be accounted for in accordance with this budget. Article 99. After implementation and execution of the annual budget, a final calculation shall take place for the exact amount of imported items and annual expenditures. Article 100. A specific regulation shall be used for better management, spending and implementation of budgets. Article 101. Any kind of financial discount and exemption shall take place in accordance with specific regulations. Governing the Provinces Article 102. There shall be three main principles for governing the provinces; Developing subordinate relationships, Division of work and Assigning Responsibilities. All responsibilities for provincial employees shall be assigned in accordance with the above mentioned principles and also all subordinates shall be held accountable for their superiors. Article 103. All provinces shall have separate departments which shall represent different Ministries and all the provincial Afghan citizens shall refer to those departments whenever they have a problem to solve. Article 104. Whenever there is an insurgency or revolution against the government of Afghanistan, the Afghanistan government is authorized to react against those insurgencies and revolutions and maintain the peace. Article 105. A provincial municipality’s departmental structure, as well as its responsibilities, shall be developed in accordance with specified regulations. Soldier Article 106. Recruiting soldiers shall take place in accordance with the special principles and also all military rights and promotions will be in accordance with specific principles. Article 107. Rights and ranks of the soldiers shall be never taken away unless there is a reasonable fact or reason to do so. Article 108. Foreign citizens shall not be accepted as soldiers in Afghanistan except medical officers and operations advisors/mentors. Miscellaneous Principles Article 109. Postal and document security is a responsibility of the Post Office and until there is not a court order for searching the documents and posted materials, no one can open them and they shall be delivered to the receiver securely. Article 110. Whenever, there is a verbal order given by his majesty the King or the Prime Minister to a Minister or any other state employee, the signature of his majesty the King or Prime Minister shall be taken as a written order. Implementation and execution of this Main Principle is ordered. Written in Dalwa 1331/January 1952 THE CONSTITUTION OF AFGHANISTAN 1964 GOVERNMENT OF AFGHANISTAN IN THE NAME OF GOD, THE ALMIGHTY AND THE JUST TO REORGANIZE THE NATIONAL LIFE OF AFGHANISTAN ACCORDING TO THE REQUIREMENTS OF THE TIMES AND ON THE BASIS OF THE REALITIES OF NATIONAL HISTORY AND CULTURE; TO ACHIEVE JUSTICE AND EQUALITY; TO ESTABLISH POLITICAL, ECONOMIC AND SOCIAL DEMOCRACY; TO ORGANIZE THE FUNCTIONS OF THE STATE AND ITS BRANCHES TO ENSURE LIBERTY AND WELFARE OF THE INDIVIDUAL AND THE MAINTENANCE OF THE GENERAL ORDER; TO ACHIEVE A BALANCED DEVELOPMENT OF ALL PHASES OF LIFE IN AFGHANISTAN; AND TO FORM, ULTIMATELY, A PROSPEROUS AND PROGRESSIVE SOCIETY BASED ON SOCIAL COOPERATION AND PRESERVATION OF HUMAN DIGNITY; WE, THE PEOPLE OF AFGHANISTAN, CONSCIOUS OF THE HISTORICAL CHANGES WHICH HAVE OCCURRED IN OUR LIFE AS A NATION AND AS A PART OF HUMAN SOCIETY, WHILE CONSIDERING THE ABOVE MENTIONED VALUES TO BE THE RIGHT OF ALL HUMAN SOCIETIES, HAVE, UNDER THE LEADERSHIP OF HIS MAJESTY MOHAMMED ZAHIR SHAH, THE KING OF AFGHANISTAN AND THE LEADER OF ITS NATIONAL LIFE, FRAMED THIS CONSTITUTION FOR OURSELVES AND THE GENERATIONS TO COME. TITLE ONE THE STATE ARTICLE AFGHANISTAN IS A CONSTITUTIONAL MONARCHY; AN INDEPENDENT, UNITARY AND INDIVISIBLE STATE. SOVEREIGNTY IN AFGHANISTAN BELONGS TO THE NATION. THE AFGHAN NATION IS COMPOSED OF ALL THOSE INDIVIDUALS WHO POSSESS THE CITIZENSHIP OF THE STATE OF AFGHANISTAN IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE WORD AFGHAN SHALL APPLY TO EACH SUCH INDIVIDUAL. ARTICLE 2 ISLAM IS THE SACRED RELIGION OF AFGHANISTAN. RELIGIOUS RITES PERFORMED BY THE STATE SHALL BE ACCORDING TO THE PROVISIONS OF THE HANAFI DOCTRINE. NON MUSLIM CITIZENS SHALL BE FREE TO PERFORM THEIR RITUALS WITHIN THE LIMITS DETERMINED BY LAWS FOR PUBLIC DECENCY AND PUBLIC PEACE. ARTICLE 3 FROM AMONGST THE LANGUAGES OF AFGHANISTAN, PASHTU AND DARI SHALL BE THE OFFICIAL LANGUAGES. ARTICLE 4 THE FLAG OF AFGHANISTAN IS TRI COLOR (BLACK, RED AND GREEN) ALL PIECES JOINED TOGETHER VERTICALLY FROM LEFT TO RIGHT IN EQUAL PROPORTIONS; THE BREADTH OF EACH STRIP EQUALLING HALF OF ITS LENGTH, HAVING IN THE MIDDLE THE INSIGNIA OF THE MEHRAB (AN ARCH IN A MOSQUE WHERE THE PRAYING CONGREGATION STANDS, FACING THE KAABA IN MECCA) AND THE MENDER (A MANY TIERED PULPIT PLACED TO THE RIGHT OF THE METHRAB IN A MOSQUE, FROM WHICH ADDRESSES ARE DELIVERED) IN WHITE, FLANKED BY TWO FLAGS AND ENSCONCED IN TWO SHEAVES OF WHEAT. ARTICLE 5 THE CAPITAL OF AFGHANISTAN IS THE CITY OF KABUL. TITLE TWO THE KING ARTICLE 6 IN AFGHANISTAN THE KING PERSONIFIES THE SOVEREIGNTY. ARTICLE 7 THE KING IS THE PROTECTOR OF THE BASIC PRINCIPLES OF THE SACRED RELIGION OF ISLAM, THE GUARDIAN OF AFGHANISTAN'S INDEPENDENCE AND TERRITORIAL INTEGRITY, THE CUSTODIAN OF ITS CONSTITUTION ARE THE CENTER OF ITS NATIONAL UNITY. ARTICLE 8 THE KING SHALL BE AN AFGHAN NATIONAL, A MUSLIM AND A FOLLOWER OF THE HANAFI DOCTRINE. ARTICLE 9 THE KING HAS THE FOLLOWING RIGHTS AND DUTIES: 1) HOLDS SUPREME COMMAND OF THE ARMED FORCES OF AFGHANISTAN. 2) DECLARES WAR AND ARMISTICE. 3) SUMMONS AND INAUGURATES THE LOYA JIRGA (GREAT COUNCIL). 4) INAUGURATES THE ORDINARY SESSION OF THE SHURA (PARLIAMENT), 5) SUMMONS AND INAUGURATES THE EXTRAORDINARY SESSIONS OF THE SHURA (PARLIAMENT). 6) DISSOLVES THE SHURA (PARLIAMENT) AND DECREES NEW ELECTIONS, WHICH SHALL BE HELD WITHIN THREE MONTHS FROM THE DATE OF THE DISSOLUTION OF THE SHURA (PARLIAMENT), 7) SIGNS LAWS AND PROCLAIMS THEIR ENFORCEMENT. 8) ISSUES ORDINANCES, 9) GRANTS CREDENTIALS FOR CONCLUSION OF INTERNATIONAL TREATIES, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. 10) SIGNS INTERNATIONAL TREATIES, 11) APPOINTS THE PRIME MINISTER AND ACCEPTS HIS RESIGNATION. APPOINTS MINISTERS ON THE RECOMMENDATION OF THE PRIME MINISTER AND ACCEPTS THEIR RESIGNATIONS. 12) APPOINTS THE NON ELECTED MEMBERS OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS) AND APPOINTS ITS PRESIDENT FROM AMONGST ITS MEMBERS. 13) APPOINTS THE CHIEF JUSTICE AND JUSTICES OF THE SUPREME COURT. 14) APPOINTS JUDGES AND HIGH RANKING CIVIL AND MILITARY OFFICIALS AND GRANTS THEM RETIREMENT IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. 15) ACCREDITS THE HEADS OF AFGHANISTAN'S DIPLOMATIC MISSIONS TO FOREIGN STATES; APPOINTS PERMANENT REPRESENTATIVES OF AFGHANISTAN TO INTERNATIONAL ORGANIZATIONS AND ACCEPTS THE CREDENTIALS OF FOREIGN DIPLOMATIC REPRESENTATIVES. 16) PROCLAIMS AND ENDS THE STATE OF EMERGENCY. 17) REMITS AND PARDONS SENTENCES. ARTICLE 10 COIN IS MINTED IN THE NAME OF THE KING. ARTICLE 11 THE NAME OF THE KING IS MENTIONED IN KHUTBAS (THE KHUTBA IS AN ADDRESS DELIVERED AS A RELIGIOUS RITE ON OCCASIONS SPECIFIED IN THE ISLAMIC RELIGION.) ARTICLE 12 MEDALS ARE AWARDED BY THE KING IN ACCORDANCE WITH THE TERMS OF THE LAW. THE AWARD OF MEDALS SHALL NOT CARRY ANY MATERIAL BENEFIT. ARTICLE 13 THE ROYAL EXPENDITURES SHALL BE FIXED IN THE STATE BUDGET ACCORDING TO THE LAW OF THE ROYAL EXPENSES. ARTICLE 14 THE EXERCISE OF RIGHTS AND DUTIES DESCRIBED UNDER THIS TITLE SHALL BE SUBJECT TO THE LIMITS PRESCRIBED BY THE PROVISIONS OF THIS CONSTITUTION. ARTICLE 15 THE KING IS NOT ACCOUNTABLE AND SHALL BE RESPECTED BY ALL. HE TAKES THE FOLLOWING OATH, IN THE PRESENCE OF THE MEMBERS OF THE ROYAL FAMILY, THE MEMBERS OF THE GOVERNMENT AND THE JUSTICES OF THE SUPREME COURT, IN A JOINT SITTING OF BOTH HOUSES OF THE SHURA (PARLIAMENT). 'IN THE NAME OF GOD, THE GREAT, I SWEAR TO BE CONSCIOUS OF HIS OMNIPRESENCE IN ALL MY ACTIONS, THAT I SHALL PROTECT THE SACRED PRINCIPLES OF THE RELIGION OF ISLAM, SHALL GUARD THE CONSTITUTION, SHALL PROTECT THE INDEPENDENCE AND TERRITORIAL INTEGRITY OF THE COUNTRY AS WELL AS THE LAWS OF THE STATE AND THE RIGHTS OF THE PEOPLE; AND, INVOKING DIVINE ASSISTANCE, SHALL REIGN IN ACCORDANCE WITH THE PROVISIONS OF THE CONSTITUTION OF AFGHANISTAN AND DEVOTE MY EFFORTS TO THE WELL BEING AND PROGRESS OF THE AFGHAN NATION.' ARTICLE 16 THE SUCCESSION TO THE THRONE OF AFGHANISTAN SHALL CONTINUE IN THE HOUSE OF HIS MAJESTY MOHAMMED NADIR SHAH, THE MARTYR, IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION. ARTICLE 17 SHOULD THE KING RESOLVE TO ABDICATE, HE SHALL INFORM A COUNCIL CONSISTING OF THE PRESIDENT OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE), THE PRESIDENT OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS), THE PRIME MINISTER, THE CHIEF JUSTICE AND THE MINISTER OF THE ROYAL COURT AND, THEREAFTER, CONVENE A MEETING OF THE LOYA JIRGA (GRAND COUNCIL) WITHIN A PERIOD OF SEVEN DAYS AND ANNOUNCE THEREIN HIS ABDICATION IN PERSON OR THROUGH THE MINISTER OF COURT. IF THE LOYA JIRGA (GREAT COUNCIL) ATTESTS THAT THE ABDICATION HAS STEMMED FROM THE DATE OF THE ATTESTATION. ARTICLE 18 ON THE KING'S ABDICATION OR DEATH, THE THRONE SHALL PASS ON TO HIS ELDEST SON. IF THE ELDEST SON OF THE KING LACKS THE QUALIFICATIONS SET FORTH IN THIS CONSTITUTION, THE THRONE SHALL PASS ON TO HIS SECOND SON AND SO ON. ARTICLE 19 WHENEVER THE KING ABDICATES OR DIES WITHOUT A SON POSSESSING THE QUALIFICATIONS TO BECOME THE KING, THE THRONE SHALL PASS ON TO THE OLDEST OF THE KING'S BROTHERS. IN CASE THE OLDEST OF THE KING'S BROTHERS LACKS THE QUALIFICATIONS NEEDED, THE THRONE SHALL PASS ON TO THE SECOND BROTHER IN LINE AND SO ON. IF THE KING DOES NOT HAVE A BROTHER POSSESSING THE QUALIFICATIONS REQUIRED FOR THE KING, HIS SUCCESSOR SHALL BE ELECTED FROM AMONGST THE MALE LINEAL DESCENDANTS OF HIS MAJESTY MOHAMMED NADIR SHAH, THE MARTYR. IN THIS CASE THE KING SHALL BE ELECTED BY AN ELECTORAL COLLEGE CONSISTING OF THE LOYA JIRGA (GREAT COUNCIL), THE GOVERNMENT, AND THE JUSTICES OF THE SUPREME COURT. THIS ELECTORAL COLLEGE SHALL BE SUMMONED BY THE PRIME MINISTER, IN THE CASE OF THE DEATH OF THE KING WITHIN FIFTEEN DAYS FROM THE DATE OF THE DEMISE AND IN THE CASE OF ABDICATION WITHIN SEVEN DAYS FROM THE DATE WHEN THE KING'S ABDICATION BECOMES EFFECTIVE. THE DECISION OF THIS ELECTORAL COLLEGE SHALL BE BY A MAJORITY OF VOTES OF THE MEMBERS PRESENT AND SHALL BE CONSIDERED EFFECTIVE UPON THE CONSENT OF THE PERSON CHOSEN AS THE KING. THE MINISTER OF COURT SHALL ACT AS REGENT FROM THE TIME OF THE DEATH OF THE KING OR THE VALIDATION OF HIS ABDICATION UNTIL THE ELECTION OF HIS SUCCESSOR. ARTICLE 20 THE KING SHALL, WHEN HE DECIDES TO TRAVEL OUT OF THE COUNTRY, APPOINT ONE OR MORE PERSONS TO ACT AS HIS REGENT OR REGENTS. THIS PERSON OR PERSONS SHALL, DURING THE ABSENCE OF THE KING AND ON HIS BEHALF, DISCHARGE THE ROYAL FUNCTIONS IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION AND WITHIN THE LIMITS OF THE AUTHORITY DELEGATED TO HIM OR THEM BY THE KING. THE FOLLOWING PERSONS SHALL NOT BE APPOINTED AS REGENT: 1) THE PRIME MINISTER 2) THE PRESIDENT OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) 3) THE PRESIDENT OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS) 4) THE CHIEF JUSTICE ARTICLE 21 IN CASE THE KING DIES BEFORE HIS SUCCESSOR HAS COMPLETED TWENTY YEARS OF LIFE, THE QUEEN SHALL ACT AS REGENT UNTIL HIS SUCCESSOR REACHES THE STIPULATED AGE. IN CASE THE QUEEN BE NOT LIVING, THE ELECTORAL COLLEGE, PROVIDED UNDER ARTICLE 19 OF THIS CONSTITUTION, SHALL ELECT SOMEONE FROM AMONGST THE MALE LINEAL DESCENDANTS OF HIS MAJESTY MOHAMMED NADIR SHAH, THE MARTYR, TO ACT AS REGENT. ARTICLE 22 WHENEVER THE KING ABDICATES AND HIS SUCCESSOR HAS NOT COMPLETED TWENTY YEARS OF LIFE, THE ELECTORAL COLLEGE, PROVIDED UNDER ARTICLE 19 SHALL ELECT SOMEONE FROM AMONGST THE MALE LINEAL DESCENDANTS OF HIS MAJESTY MOHAMMED NADIR SHAH, THE MARTYR, TO ACT AS REGENT UNTIL THE SUCCESSOR REACHES THE STIPULATED AGE. ARTICLE 23 THE REGENT OF THE KING MUST POSSESS THE QUALIFICATIONS SPECIFIED IN ARTICLE 8. THE REGENT SHALL PERFORM THE ROYAL FUNCTIONS IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION. IN THE CASE OF THE QUEEN ACTING AS REGENT, THE EXERCISE OF THE AUTHORITY DESCRIBED IN SECTION TWO OF ARTICLE 9, SHALL TAKE PLACE WITH THE ADVICE OF THE GOVERNMENT. THE REGENT, DURING THE TENURE OF HIS OFFICE, CANNOT ENGAGE IN ANY OTHER PROFESSION. THE PERSON ELECTED AS REGENT BE VIRTUE OF ARTICLES 21 AND 22 OF THIS CONSTITUTION SHALL NEVER BE ELECTED AS THE KING OF AFGHANISTAN. DURING THE PERIOD OF REGENCY, THE PROVISIONS RELATING TO SUCCESSION UNDER THE TITLE 'KING' OF THIS CONSTITUTION SHALL NOT BE AMENDED. ARTICLE 24 THE ROYAL HOUSE IS COMPOSED OF THE SONS, THE DAUGHTERS, THE BROTHERS AND THE SISTERS OF THE KING AND THEIR HUSBANDS, WIVES, SONS AND DAUGHTERS; AND THE PATERNAL UNCLES AND THE SONS OF THE PATERNAL UNCLES OF THE KING. IN THE OFFICIAL PROTOCOL OF THE SATE, THE ROYAL HOUSE COMES AFTER THE KING AND THE QUEEN. THE EXPENDITURE OF THE ROYAL HOUSE SHALL BE FIXED IN THE BUDGET OF THE ROYAL EXPENSES. TITLES OF NOBILITY ARE EXCLUSIVELY CONFINED TO THE ROYAL HOUSE AND SHALL BE ASSIGNED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. MEMBERS OF THE ROYAL HOUSE SHALL NOT PARTICIPATE IN POLITICAL PARTIES, AND SHALL NOT HOLD THE FOLLOWING OFFICES: 1) PRIME MINISTER OR MINISTER 2) MEMBER OF THE SHURA (PARLIAMENT) 3) JUSTICE OF THE SUPREME COURT MEMBERS OF THE ROYAL HOUSE SHALL MAINTAIN THEIR STATUS AS MEMBERS OF THE ROYAL HOUSE AS LONG AS THEY LIVE. TITLE THREE THE BASIC RIGHTS AND DUTIES OF THE PEOPLE ARTICLE 25 THE PEOPLE OF AFGHANISTAN, WITHOUT ANY DISCRIMINATION OR PREFERENCE, HAVE EQUAL RIGHTS AND OBLIGATIONS BEFORE THE LAW. ARTICLE 26 LIBERTY IS THE NATURAL RIGHT OF THE HUMAN BEING. THIS RIGHT HAS NO LIMITATIONS EXCEPT THE LIBERTY OF OTHERS AND PUBLIC INTEREST AS DEFINED BY THE LAW. THE LIBERTY AND DIGNITY OF THE HUMAN BEING ARE INVIOLABLE AND INALIENABLE. THE STATE HAS THE DUTY TO RESPECT AND PROTECT THE LIBERTY AND DIGNITY OF THE INDIVIDUAL. NO DEED IS CONSIDERED A CRIME EXCEPT BY VIRTUE OF A LAW IN FORCE BEFORE ITS COMMISSION. NO ONE MAY BE PUNISHED EXCEPT BY THE ORDER OF A COMPETENT COURT RENDERED AFTER AN OPEN TRIAL HELD IN THE PRESENCE OF THE ACCUSED. NO ONE MAY BE PUNISHED EXCEPT UNDER THE PROVISIONS OF A LAW THAT HAS COME INTO EFFECT BEFORE THE COMMISSION OF THE OFFENSE WITH WHICH THE ACCUSED IS CHARGED. NO ONE MAY BE PURSUED OR ARRESTED EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. NO ONE MAY BE DETAINED EXCEPT ON ORDER OF A COMPETENT COURT, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. INNOCENCE IS THE ORIGINAL STATE; THE ACCUSED IS CONSIDERED TO BE INNOCENT UNLESS FOUND GUILTY BY A FINAL JUDGMENT OF A COURT OF LAW. CRIME IS A PERSONAL DEED. PURSUIT, ARREST OR DETENTION OF THE ACCUSED AND THE EXECUTION OF SENTENCE AGAINST HIM DOES NOT AFFECT ANY OTHER PERSON. TORTURING A HUMAN BEING IS NOT PERMISSIBLE. NO ONE CAN TORTURE OR ISSUE ORDERS TO TORTURE A PERSON EVEN FOR THE SAKE OF DISCOVERING FACTS, EVEN IF THE PERSON INVOLVED IS UNDER PURSUIT, ARREST OR DETENTION OR IS CONDEMNED TO A SENTENCE. IMPOSING PUNISHMENT INCOMPATIBLE WITH HUMAN DIGNITY IS NOT PERMISSIBLE. A STATEMENT OBTAINED FROM AN ACCUSED OR ANY OTHER PERSON BY COMPULSION IS NOT VALID. CONFESSION OF A CRIME MEANS THE ADMISSION MADE BY AN ACCUSED WILLINGLY AND IN FULL POSSESSION OF HIS SENSES BEFORE A COMPETENT COURT WITH REGARD TO THE COMMISSION OF A CRIME LEGALLY ATTRIBUTED TO HIM. EVERY PERSON HAS THE RIGHT TO APPOINT DEFENSE COUNSEL FOR THE REMOVAL OF A CHARGE LEGALLY ATTRIBUTED TO HIM. INDEBTEDNESS OF ONE TO ANOTHER CANNOT CAUSE DEPRIVATION OR CURTAILMENT OF THE LIBERTY OF THE DEBTOR. THE WAYS AND MEANS OF RECOVERING DEBT SHALL BE SPECIFIED IN THE LAW. EVERY AFGHAN IS ENTITLED TO TRAVEL WITHIN THE TERRITORY OF THE STATE AND SETTLE ANYWHERE EXCEPT IN AREAS PROHIBITED BY THE LAW. SIMILARLY, EVERY AFGHAN HAS A RIGHT TO TRAVEL OUTSIDE OF AFGHANISTAN AND RETURN TO AFGHANISTAN ACCORDING TO THE PROVISIONS OF THE LAW. NO AFGHAN SHALL BE SENTENCED TO BANISHMENT FROM AFGHANISTAN OR WITHIN ITS TERRITORY. ARTICLE 27 NO AFGHAN ACCUSED OF A CRIME CAN BE EXTRADITED TO A FOREIGN STATE. ARTICLE 28 A PERSON'S RESIDENCE IS INVIOLABLE. NO ONE, INCLUDING THE STATE CAN ENTER OR SEARCH A RESIDENCE WITHOUT THE PERMISSION OF THE RESIDENT OR THE ORDERS OF A COMPETENT COURT AND IN ACCORDANCE WITH THE CONDITIONS AND PROCEDURE SPECIFIED BY THE LAW. IN CASES OF WITNESSED CRIMES THE RESPONSIBLE OFFICER CAN ENTER OR SEARCH THE RESIDENCE OF A PERSON WITHOUT THE PERMISSION OF THE RESIDENT OR THE PRIOR WRIT OF THE COURT ON HIS PERSONAL RESPONSIBILITY. THE OFFICER IS BOUND TO GET THE ORDER OF THE COURT WITHIN THE TIME LIMIT SET BY THE LAW AFTER HIS ENTRY INTO THE HOUSE OR ITS SEARCH. ARTICLE 29 PROPERTY IS INVIOLABLE. NO ONE'S PROPERTY CAN BE CONFISCATED EXCEPT IN ACCORDANCE WITH THE PROVISION OF THE LAW AND THE DECISION OF A COMPETENT COURT. EXPROPRIATION IS ALLOWED ONLY FOR SECURING PUBLIC INTEREST, AGAINST AN ADVANCE EQUITABLE COMPENSATION, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. NO ONE SHALL BE PROHIBITED FROM ACQUIRING PROPERTY AND EXERCISING THE RIGHT OF OWNERSHIP OF THE SAME, WITHIN THE LIMITATIONS OF THE LAW. THE WAYS OF UTILIZING PROPERTY SHALL BE REGULATED AND GUIDED BY THE LAW, FOR SECURING THE PUBLIC INTEREST. INVESTIGATIONS AND DECLARATIONS OF A PERSON'S PROPERTY CAN BE MADE ONLY IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. FOREIGN STATES AND NATIONALS ARE NOT ENTITLED TO OWN IMMOVABLE PROPERTY IN AFGHANISTAN. SUBJECT TO THE APPROVAL OF THE GOVERNMENT, IMMOVABLE PROPERTY MAY BE SOLD TO THE DIPLOMATIC MISSIONS OF FOREIGN STATES ON A RECIPROCAL BASIS AND ALSO TO THOSE INTERNATIONAL ORGANIZATIONS TO WHICH THE STATE OF AFGHANISTAN IS A MEMBER. ARTICLE 30 THE FREEDOM AND SECRECY OF PEOPLE'S COMMUNICATIONS, WHETHER BY WRITING, TELEPHONE, TELEGRAPH OR OTHER MEDIUM, ARE INVIOLABLE. THE STATE HAS NO RIGHT TO SEARCH PERSONAL COMMUNICATIONS EXCEPT BY THE ORDER OF A COMPETENT COURT AND IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. IN URGENT CASES, DEFINED BY THE LAW, THE OFFICIAL RESPONSIBLE CAN SEARCH COMMUNICATIONS ON HIS RESPONSIBILITIES, WITHOUT THE PRIOR PERMISSION OF THE COURT. THE OFFICIAL CONCURRENTLY IS BOUND TO OBTAIN, AFTER THE SEARCH, THE DECISION OF THE COURT WITHIN THE TIME LIMIT SET UNDER THE LAW. ARTICLE 31 FREEDOM OF THOUGHT AND EXPRESSION IS INVIOLABLE. EVERY AFGHAN HAS THE RIGHT TO EXPRESS HIS THOUGHTS IN SPEECH, IN WRITING, IN PICTURES AND BY OTHER MEANS, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. EVERY AFGHAN HAS THE RIGHT TO PRINT AND PUBLISH IDEAS IN ACCORDANCE WITH THE PROVISIONS OF THE LAW, WITHOUT SUBMISSION IN ADVANCE TO THE AUTHORITIES OF THE STATE. THE PERMISSION TO ESTABLISH AND OWN PUBLIC PRINTING HOUSES AND TO ISSUE PUBLICATIONS IS GRANTED ONLY TO THE CITIZENS AND THE STATE OF AFGHANISTAN, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE ESTABLISHMENT AND OPERATION OF PUBLIC RADIO TRANSMISSION AND TELECASTING IS THE EXCLUSIVE RIGHT OF THE STATE. ARTICLE 32 AFGHAN CITIZENS HAVE THE RIGHT TO ASSEMBLE UNARMED, WITHOUT PRIOR PERMISSION OF THE STATE, FOR THE ACHIEVEMENT OF LEGITIMATE AND PEACEFUL PURPOSES, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. AFGHAN CITIZENS HAVE THE RIGHT TO ESTABLISH, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW, ASSOCIATIONS FOR THE REALIZATION OF MATERIAL OR SPIRITUAL PURPOSES. AFGHAN CITIZENS HAVE THE RIGHT TO FORM POLITICAL PARTIES, IN ACCORDANCE WITH THE TERMS OF THE LAW, PROVIDED THAT: 1) THE AIMS AND ACTIVITIES OF THE PARTY AND THE IDEAS OF WHICH THE ORGANIZATION OF THE PARTY IS BASED ARE NOT OPPOSED TO THE VALUES EMBODIED IN THIS CONSTITUTION. 2) THE ORGANIZATION AND FINANCIAL RESOURCES OF THE PARTY ARE OPEN. A PARTY FORMED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW CANNOT BE DISSOLVED WITHOUT DUE PROCESS OF THE LAW AND THE ORDER OF THE SUPREME COURT. ARTICLE 33 ANYONE WHO, WITHOUT DUE CAUSE, SUFFERS DAMAGE FROM THE ADMINISTRATION IS ENTITLED TO COMPENSATION AND MAY FILE A SUIT IN A COURT FOR ITS RECOVERY. THE STATE CANNOT, EXCEPT IN CASES SPECIFIED BY THE LAW, RESORT TO THE RECOVERY OF ITS DUES WITHOUT THE ORDER OF A COMPETENT COURT. ARTICLE 34 EDUCATION IS THE RIGHT OF EVERY AFGHAN AND SHALL BE PROVIDED FREE OF CHARGE BY THE STATE AND CITIZENS OF AFGHANISTAN. THE AIM OF THE STATE IS TO REACH A STAGE WHERE SUITABLE FACILITIES FOR EDUCATION WILL BE MADE AVAILABLE TO ALL AFGHANS, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE GOVERNMENT IS OBLIGED TO PREPARE AND IMPLEMENT A PROGRAM FOR BALANCED AND UNIVERSAL EDUCATION IN AFGHANISTAN. IT IS THE DUTY OF THE STATE TO GUIDE AND SUPERVISE EDUCATION. PRIMARY EDUCATION IS COMPULSORY FOR ALL CHILDREN IN AREAS WHERE FACILITIES FOR THIS PURPOSE ARE PROVIDED BY THE STATE. THE STATE ALONE HAS THE RIGHT AND DUTY TO ESTABLISH AND ADMINISTER THE INSTITUTIONS OF PUBLIC AND HIGHER LEARNING. OUTSIDE THIS SPHERE, AFGHAN NATIONALS ARE ENTITLED TO ESTABLISH TECHNICAL AND LITERACY SCHOOLS. CONDITIONS FOR THE ESTABLISHMENT OF SUCH SCHOOLS, THEIR CURRICULA AND THE CONDITIONS OF LEARNING IN SUCH SCHOOLS ARE TO BE DETERMINED BY LAW. THE GOVERNMENT MAY GRANT PERMISSION, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW, TO FOREIGN PERSONS TO ESTABLISH PRIVATE SCHOOLS FOR THE EXCLUSIVE USE OF FOREIGNERS. ARTICLE 35 IT IS THE DUTY OF THE STATE TO PREPARE AND IMPLEMENT AN EFFECTIVE PROGRAM FOR THE DEVELOPMENT AND STRENGTHENING OF THE NATIONAL LANGUAGE, PASHTU. ARTICLE 36 IT IS THE DUTY OF THE STATE TO PROVIDE, WITHIN THE LIMITS OF ITS MEANS, BALANCED FACILITIES FOR THE PREVENTION AND TREATMENT OF DISEASES FOR ALL AFGHANS. THE WILL OF THE STATE IN THIS REGARD IS TO REACH A STAGE WHERE SUITABLE MEDICAL FACILITIES WILL BE MADE AVAILABLE TO ALL AFGHANS. ARTICLE 37 WORK IS THE RIGHT AND PRECEPT OF EVERY AFGHAN WHO THE CAPABILITY TO DO IT. THE MAIN PURPOSE OF LAWS DESIGNED TO SYSTEMATIZE LABOR IS TO REACH A STAGE WHERE THE RIGHTS AND INTERESTS OF ALL CATEGORIES OF LABORERS ARE PROTECTED, SUITABLE CONDITIONS OF WORK ARE PROVIDED AND THE RELATIONS BETWEEN THE WORKERS AND EMPLOYERS ARE ORGANIZED ON A JUST AND PROGRESSIVE BASIS. THE CITIZENS OF AFGHANISTAN ARE ADMITTED TO THE SERVICE OF THE STATE ON THE BASIS OF THEIR QUALIFICATIONS AND IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. WORK AND TRADE MAY BE FREELY CHOSEN, WITHIN THE CONDITIONS DETERMINED BY THE LAW. FORCED LABOR EVEN FOR THE BENEFIT OF THE STATE IS NOT PERMISSIBLE. THE PROHIBITION OF FORCED LABOR SHALL NOT BE SO CONSTRUED AS TO AFFECT THE IMPLEMENTATION OF THE LAWS GOVERNING THE ORGANIZATION OF COLLECTIVE WORK FOR THE PUBLIC INTEREST. ARTICLE 38 EVERY AFGHAN IS BOUND TO PAY TAX AND DUTY TO THE STATE. NO DUTY OR TAX OF ANY KIND SHALL BE LEVIED WITHOUT THE PROVISIONS OF THE LAW. THE RATE OF TAX AND DUTY AS WELL AS THE METHOD OF PAYMENT SHALL BE DETERMINED BY LAW WITH CONSIDERATION FOR SOCIAL JUSTICE. THE PROVISIONS OF THIS ARTICLE ARE APPLICABLE TO FOREIGN PERSONS AS WELL. ARTICLE 39 IT IS THE SACRED DUTY OF ALL CITIZENS OF AFGHANISTAN TO DEFEND THEIR COUNTRY. ALL CITIZENS OF AFGHANISTAN ARE BOUND TO PERFORM MILITARY SERVICE IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE 40 IT IS THE DUTY OF ALL THE PEOPLE OF AFGHANISTAN TO FOLLOW THE PROVISIONS OF THE CONSTITUTION; TO BEAR LOYALTY TO THE KING AND RESPECT HIM; TO OBEY LAWS; TO HAVE DUE CONSIDERATION FOR PUBLIC ORDER AND PIECE; TO PROTECT THE INTERESTS OF THE HOMELAND AND TO PARTICIPATE IN THE NATIONS LIFE. TITLE FOUR THE SHURA (PARLIAMENT) ARTICLE 41 THE SHURA (PARLIAMENT) IN AFGHANISTAN MANIFESTS THE WILL OF THE PEOPLE AND REPRESENTS THE WHOLE OF THE NATION. THE PEOPLE OF AFGHANISTAN PARTICIPATE THROUGH THE SHURA (PARLIAMENT) IN THE POLITICAL LIFE OF THE COUNTRY. ALTHOUGH ELECTED FROM A PARTICULAR CONSTITUENCY EACH MEMBER OF THE SHURA (PARLIAMENT) SHALL AT THE TIME OF EXPRESSING HIS OPINION, TAKE THE GENERAL INTEREST OF THE WHOLE OF AFGHANISTAN AS THE BASIS FOR HIS JUDGMENT. ARTICLE 42 THE SHURA (PARLIAMENT) CONSISTS OF TWO HOUSES: 1) WOLESI JIRGA (HOUSE OF THE PEOPLE) 2) MESHRANO JIRGA (HOUSE OF THE ELDERS) ARTICLE 43 MEMBERS OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) SHALL BE ELECTED BY THE PEOPLE OF AFGHANISTAN IN A FREE, UNIVERSAL, SECRET AND DIRECT ELECTION, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. FOR THIS PURPOSE AFGHANISTAN SHALL BE DIVIDED INTO ELECTORAL CONSTITUENCIES, THE NUMBER AND LIMITS OF WHICH ARE FIXED BY THE LAW. EACH CONSTITUENCY SHALL RETURN ONE MEMBER. THE CANDIDATE WHO OBTAINS THE LARGEST NUMBER OF VOTES CAST IN HIS CONSTITUENCY, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW, SHALL BE RECOGNIZED AS THE REPRESENTATIVE OF THAT CONSTITUENCY. ARTICLE 44 MEMBERS OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) SHALL BE ELECTED FOR A PERIOD OF FOUR YEARS, WHICH IS ONE TERM OF THE LEGISLATURE. WHENEVER THE SHURA (PARLIAMENT) IS DISSOLVED, IN ACCORDANCE WITH THE PROVISIONS OF THE CONSTITUTION, A NEW WOLESI JIRGA (HOUSE OF THE PEOPLE) SHALL BE ELECTED FOR ANOTHER LEGISLATIVE TERM. HOWEVER, THE TERMINATION DATE OF THE OUTGOING HOUSE IS SO REGULATED THAT THE ENSUING SESSION OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) COMMENCES ON THE DATE STIPULATED IN ARTICLE 59. ARTICLE 45 MEMBERS OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS) SHALL BE NOMINATED AND ELECTED AS FOLLOWS: 1) ONE THIRD OF THE MEMBERS SHALL BE APPOINTED BY THE KING FOR A PERIOD OF FIVE YEARS FROM AMONGST WELL INFORMED AND EXPERIENCED PERSONS. 2) THE REMAINING TWO THIRDS OF THE MEMBERS SHALL BE ELECTED AS FOLLOWS: A) EACH PROVINCIAL COUNCIL SHALL ELECT ONE OF ITS MEMBERS TO THE MESHRANO JIRGA (HOUSE OF THE ELDERS) FOR A PERIOD OF THREE YEARS. B) THE RESIDENTS OF EACH PROVINCE SHALL ELECT ONE PERSON FOR A PERIOD OF FOUR YEARS BY A FREE, UNIVERSAL, SECRET AND DIRECT ELECTION. ARTICLE 46 QUALIFICATIONS FOR VOTERS SHALL BE SPECIFIED IN THE ELECTORAL LAW. PERSONS APPOINTED OR ELECTED FOR MEMBERSHIP IN THE SHURA (PARLIAMENT) MUST MEET THE FOLLOWING REQUIREMENTS IN ADDITION TO THEIR QUALIFICATIONS AS VOTERS: 1) MUST HAVE ACQUIRED AFGHAN NATIONALITY AT LEAST TEN YEARS PRIOR TO THE DATE OF NOMINATION OR ELECTION. 2) MUST NOT HAVE BEEN PUNISHED BY A COURT WITH DEPRIVATION OF POLITICAL RIGHTS AFTER THE PROMULGATION OF THIS CONSTITUTION. 3) MUST BE ABLE TO READ AND WRITE. 4) MEMBERS OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) MUST HAVE COMPLETED THE AGE OF 25 AT THE TIME OF THE ELECTION AND THOSE OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS) THE AGE OF 30 AT THE TIME OF THEIR NOMINATION OR ELECTION. ARTICLE 47 THE HEAD AND MEMBERS OF THE GOVERNMENT, JUDGES, OFFICERS AND MEMBERS OF THE ARMED FORCES, OFFICIALS AND OTHER PERSONNEL OF THE ADMINISTRATION CANNOT BE APPOINTED OR ELECTED TO THE SHURA (PARLIAMENT) WHILE THEY ARE IN SERVICE. ARTICLE 48 NO PERSON CAN BE A MEMBER OF BOTH HOUSES SIMULTANEOUSLY. ARTICLE 49 ELECTIONS SHALL BE GOVERNED BY THE ELECTORAL LAW SUBJECT TO THE PROVISIONS OF THE CONSTITUTION. NO BILL TO AMEND THE ELECTORAL LAW MAY BE ENTERTAINED ON THE AGENDA OF EITHER HOUSE OF THE SHURA (PARLIAMENT) DURING THE LAST TWO YEARS OF THE LEGISLATIVE TERM OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE). ARTICLE 50 DOCUMENTS OF MEMBERSHIP ARE AUTHENTICATED IN EACH HOUSE BY THE HOUSE ITSELF. THE PROCEDURE OF AUTHENTICATION SHALL BE SPECIFIED IN THE RULES OF PROCEDURE OF THE HOUSE CONCERNED. ARTICLE 51 NO LEGAL PROCEEDINGS CAN BE BROUGHT AGAINST A MEMBER OF THE SHURA (PARLIAMENT) FOR EXPRESSING AN OPINION OR IDEA WHILE PERFORMING HIS DUTY INSIDE OR OUTSIDE THE SHURA (PARLIAMENT). WHENEVER A MEMBER OF THE SHURA (PARLIAMENT) IS ACCUSED OF AN OFFENSE, THE OFFICIAL RESPONSIBLE SHALL COMMUNICATE THE MATTER TO THE HOUSE OF WHICH THE ACCUSED IS A MEMBER. THE LEGAL PROCEEDINGS AGAINST THE ACCUSED SHALL BE INITIATED WHEN THE HOUSE VOTES ITS APPROVAL BY A TWO THIRDS MAJORITY OF ITS MEMBERS. THE HOUSE CAN ALSO RESCIND ITS PERMISSION BY A TWO THIRDS MAJORITY VOTE OF ITS MEMBERS. IN THE CASE OF A WITNESSED CRIME THE OFFICIAL RESPONSIBLE CAN START LEGAL PROCEEDINGS AND ARREST A MEMBER OF THE SHURA (PARLIAMENT) WITHOUT THE PERMISSION OF THE HOUSE TO WHICH HE BELONGS. WHENEVER LEGAL PROCEEDINGS DEMAND THE DETENTION OF THE ACCUSED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW, THE OFFICIAL RESPONSIBLE IS BOUND TO COMMUNICATE THE MATTER IMMEDIATELY TO THE HOUSE CONCERNED, AND WITH ITS PERMISSION MAY DETAIN THE ACCUSED. IN CASE THE ACCUSATION OCCURS DURING THE PERIOD WHERE THE HOUSE IS NOT IN SESSION, PERMISSION FOR DETENTION SHALL BE OBTAINED FROM THE EXECUTIVE COUNCIL OF THE HOUSE. THE DECISION OF THE EXECUTIVE COUNCIL SHALL BE PLACED BEFORE THE HOUSE AT ITS NEXT SESSION FOR APPROPRIATE ACTION. ARTICLE 52 MEMBERS OF THE SHURA (PARLIAMENT) CANNOT UNDERTAKE ANY OTHER PROFESSION. THIS RULE DOES NOT APPLY TO AGRICULTURE AND OTHER FREE ENTERPRISES. ARTICLE 53 SUITABLE SALARIES SHALL BE FIXED IN ACCORDANCE WITH THE LAW FOR MEMBERS OF SHURA (PARLIAMENT). ARTICLE 54 EVERY MEMBER OF SHURA (PARLIAMENT) IS ENTITLED TO EXPRESS HIS VIEWS ON THE SUBJECT OF DEBATE IN HIS HOUSE, IN ACCORDANCE WITH THE RULES OF PROCEDURE. ARTICLE 55 THE TWO HOUSES MEET SEPARATELY BUT AT THE SAME TIME. THE MESHRANO JIRGA (HOUSE OF THE ELDERS) CAN HOLD EXTRAORDINARY SESSIONS TO STUDY THE BUDGET PROPOSALS OF THE STATE DURING THE TIME WHEN THE WOLESI JIRGA (HOUSE OF THE PEOPLE) IS ADJOURNED. A JOINT SESSION OF THE TWO HOUSES OF SHURA (PARLIAMENT) IS HELD WHEN THE KING INAUGURATES THE NEW SHURA (PARLIAMENT) OR ADDRESSES THE ANNUAL SESSION OF THE SHURA (PARLIAMENT). ARTICLE 56 THE MEMBERS OF THE GOVERNMENT MAY ATTEND THE MEETINGS OF BOTH HOUSES OF SHURA (PARLIAMENT). EACH HOUSE MAY DEMAND THE PRESENCE OF THE HEAD OR MEMBERS OF THE GOVERNMENT AT ITS MEETINGS. ARTICLE 57 DEBATES IN BOTH HOUSES ARE OPEN EXCEPT WHEN THE GOVERNMENT, THE PRESIDENT OF THE HOUSE OR AT LEAST TEN MEMBERS REQUEST A SECRET SESSION, AND THE HOUSE GRANTS ITS APPROVAL. THE HOUSE CAN, WITH A TWO THIRDS MAJORITY OF THE MEMBERS, CONVENE SECRET PROCEEDINGS INTO OPEN DEBATE. THE PROCEEDINGS OF BOTH HOUSES OF SHURA (PARLIAMENT) ARE RECORDED. NOBODY MAY ENTER THE MEETING PLACE OF THE SHURA (PARLIAMENT) BY FORCE. VIOLATORS SHALL BE PUNISHED ACCORDING TO THE LAW. ARTICLE 58 EXCEPT IN CASES CLEARLY DEFINED IN THIS CONSTITUTION, DECISIONS IN EACH HOUSE SHALL BE MADE BY A MAJORITY VOTE OF THE MEMBERS PRESENT. ARTICLE 59 EACH HOUSE OF SHURA (PARLIAMENT) HOLDS ONE ORDINARY SESSION PER YEAR, WHICH OPENS ON THE 22ND OF MEEZAN. THE NUMBER OF ANNUAL SESSIONS CAN BE INCREASED BY LAW. IN SUCH CASES THE LAW SHALL REGULATE THE OPENING DATE OF THE SESSION AND ITS DURATION. THE WORKING PERIOD OF EACH HOUSE OF SHURA (PARLIAMENT) IS SEVEN MONTHS PER YEAR. THIS PERIOD MAY BE EXTENDED BY EACH HOUSE ACCORDING TO THE REQUIREMENTS OF ITS BUSINESS. DURING THE RECESS PERIOD, AN EXTRAORDINARY SESSION OF SHURA (PARLIAMENT) MAY BE SUMMONED BY THE KING; OR ON A REQUEST BY THE GOVERNMENT, THE PRESIDENT OF ONE OF THE HOUSES, OR BY ONE FIFTH OF ITS MEMBERS. THE EXTRAORDINARY SESSION OF SHURA (PARLIAMENT) ENDS BY A ROYAL DECREE ISSUED AFTER CONSULTATION WITH THE PRESIDENTS OF BOTH HOUSES. ARTICLE 60 THE PRESIDENT OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS) IS APPOINTED FROM AMONGST ITS MEMBERS BY THE KING. THE WOLESI JIRGA (HOUSE OF THE PEOPLE) ELECTS ONE OF ITS MEMBERS AS PRESIDENT OF THE HOUSE. EACH HOUSE ELECTS FROM AMONGST ITS MEMBERS ONE FIRST DEPUTY PRESIDENT, ONE SECOND DEPUTY PRESIDENT, ONE SECRETARY AND ONE DEPUTY SECRETARY. THE ABOVE MENTIONED PERSONS CONSTITUTE THE EXECUTIVE COUNCIL OF THE HOUSE. THE EXECUTIVE COUNCIL OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) IS ELECTED AT THE OPENING OF THE LEGISLATIVE TERM WHILE THE VICE PRESIDENTS, SECRETARY AND DEPUTY SECRETARY OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS) ARE ELECTED FOR ONE YEAR AT THE BEGINNING OF EACH ANNUAL SESSION. THE PRESIDENT OF EACH HOUSE CONDUCTS DEBATES IN THE HOUSE CONCERNED AND ADOPTS NECESSARY MEASURES FOR THE MAINTENANCE OF LAW AND ORDER ON THE PREMISES OF THE HOUSE. OTHER DUTIES OF THE PRESIDENT ARE DEFINED IN THE RULES OF PROCEDURE FOR THE HOUSE. IN THE ABSENCE OF THE PRESIDENT, THE FIRST DEPUTY PRESIDENT, AND IN THE ABSENCE OF THE FIRST DEPUTY PRESIDENT, THE SECOND DEPUTY PRESIDENT OFFICIATES AS PRESIDENT. THE SECRETARY OF THE HOUSE RECORDS THE PROCEEDINGS OF THE HOUSE AND SUPERVISES THE FUNCTIONS OF ITS SECRETARIAT. IN THE ABSENCE OF THE SECRETARY THE DEPUTY SECRETARY DISCHARGES THE DUTIES OF THE SECRETARY. ARTICLE 61 EACH HOUSE APPOINTS, IN ACCORDANCE WITH ITS RULES OF PROCEDURE, COMMITTEES FOR MAKING THOROUGH AND DETAILED STUDY OF THE SUBJECTS UNDER CONSIDERATION. ARTICLE 62 EACH HOUSE FORMULATES ITS OWN RULES OF PROCEDURE. ARTICLE 63 THE SHURA (PARLIAMENT) MAY BE DISSOLVED BY ORDER OF THE KING. THE DISSOLUTION OF THE SHURA (PARLIAMENT) IS IMPERATIVE UNDER THE CONDITIONS DESCRIBED IN ARTICLE 121. THE DISSOLUTION OF THE SHURA (PARLIAMENT) ENCOMPASSES THE NON ELECTED MEMBERS OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS). ARTICLE 64 THE SHURA (PARLIAMENT) LEGISLATES FOR ORGANIZING THE AFFAIRS OF THE COUNTRY IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION. THERE SHALL BE NO LAW REPUGNANT TO THE BASIC PRINCIPLES OF THE SACRED RELIGION OF ISLAM AND THE OTHER VALUES EMBODIED IN THIS CONSTITUTION. THE RATIFICATION OF INTERNATIONAL TREATIES, THE DISPATCH ABROAD OF DETACHMENTS OF AFGHAN ARMED FORCES, THE GRANT OF CONCESSIONS IMPORTANT TO THE NATIONAL ECONOMY INCLUDING MONOPOLIES, AND THE AUTHORIZATION TO ISSUE MONEY AND OBTAIN LOANS ARE WITHIN THE COMPETENCE OF THE SHURA (PARLIAMENT). CONCESSIONS WHICH ARE TO BE RATIFIED BY THE SHURA (PARLIAMENT) SHALL BE DEFINED BY THE LAW. ARTICLE 65 THE GOVERNMENT IS RESPONSIBLE TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE). ARTICLE 66 THE MEMBERS OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) MAY PUT QUESTIONS TO THE GOVERNMENT. DEBATE ON THE GOVERNMENT EXPLANATION DEPENDS UPON THE DECISION OF THE HOUSE. ARTICLE 67 THE MEMBERS OF THE SHURA (PARLIAMENT) MAY ASK QUESTIONS FROM THE PRIME MINISTER OR THE MINISTERS ABOUT SPECIFIC SUBJECTS. PERSONS THUS ASKED ARE BOUND TO FURNISH A VERBAL OR WRITTEN ANSWER. THIS ANSWER SHALL NOT BE MADE SUBJECT OF DEBATE. ARTICLE 68 THE WOLESI JIRGA (HOUSE OF THE PEOPLE) IS COMPETENT TO APPOINT, ON PROPOSAL FROM ONE THIRD OF ITS MEMBERS, AN ENQUIRY COMMISSION TO INVESTIGATE AND STUDY THE CONDUCT OF THE GOVERNMENT AND THE ACTIONS OF THE ADMINISTRATION. THE COMPOSITION OF THE ENQUIRY COMMISSION AND ITS METHOD OF FUNCTIONING SHALL BE DEFINED IN THE RULES OF PROCEDURE OF THE HOUSE. ARTICLE 69 EXCEPTING THE CONDITIONS FOR WHICH SPECIFIC PROVISIONS HAVE BEEN MADE IN THIS CONSTITUTION, A LAW IS A RESOLUTION PASSED BY BOTH HOUSES, AND SIGNED BY THE KING. IN THE AREA WHERE NO SUCH LAW EXISTS, THE PROVISIONS OF THE HANAFI JURISPRUDENCE OF THE SHARIAAT OF ISLAM SHALL BE CONSIDERED AS LAW. ARTICLE 70 A LEGISLATIVE BILL MAY BE INTRODUCED TO THE SHURA (PARLIAMENT) BY THE GOVERNMENT OR THE MEMBERS OF THE SHURA (PARLIAMENT). BILLS RELATING TO JUDICIAL ADMINISTRATION MAY ALSO BE INTRODUCED BY THE SUPREME COURT. BILLS RELATING TO BUDGETARY AND FINANCIAL LEGISLATION MAY ONLY ORIGINATE FROM THE GOVERNMENT. ARTICLE 71 A LEGISLATIVE BILL MAY TO INTRODUCED TO EITHER OF THE TWO HOUSES BY THE GOVERNMENT OR THE SUPREME COURT. ARTICLE 72 WHEN A BILL IS INTRODUCED BY MEMBERS OF ONE OF THE TWO HOUSES, IT IS PLACED ON THE AGENDA OF THE HOUSE ONLY AFTER IT IS SUPPORTED BY AT LEAST TEN MEMBERS OF THE HOUSE CONCERNED. A BILL WHICH INVOLVES NEW FINANCIAL COMMITMENTS OR A REDUCTION IN STATE REVENUE MAY BE PLACED ON THE AGENDA OF EITHER HOUSE ON CONDITION THAT THE BILL PROVIDES FOR THE SOURCES OF FINANCING FOR THE COMPENSATION OF THE LOSS. THIS PROVISION DOES NOT APPLY TO BILLS INTRODUCED BY THE SUPREME COURT. ARTICLE 73 WHEN A BILL IS PLACED ON THE AGENDA OF EITHER OF THE TWO HOUSES, IT IS FIRST REFERRED TO THE COMMITTEE CONCERNED, AND AFTER IT HAS BEEN COMMENTED UPON BY THE COMMITTEE, THE BILL IS READ IN THE HOUSE ALONG WITH THE COMMENTS OF THE COMMITTEE, AND DEBATED UPON, FOLLOWED BY VOTING ON EACH ARTICLE. AFTER THIS THE DRAFT IS READ FOR THE SECOND TIME AND PUT BEFORE THE HOUSE FOR REJECTION OR APPROVAL AS A WHOLE. ARTICLE 74 WHEN AN ENACTMENT OF ONE HOUSE IS REJECTED BY THE OTHER, A JOINT COMMITTEE CONSISTING OF AN EQUAL NUMBER OF MEMBERS FROM BOTH HOUSES IS SET UP, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW, TO SETTLE THE DIFFERENCES. THE VERDICT OF THE COMMITTEE BECOMES EFFECTIVE AFTER IT RECEIVES THE ROYAL ASSENT. WHEN THE JOINT COMMITTEE FAILS TO RESOLVE THE DIFFERENCES, THE ENACTMENT IS CONSIDERED INVALID. IF THE ENACTMENT IS FROM THE WOLESI JIRGA (HOUSE OF THE PEOPLE), IT MAY BE APPROVED AGAIN BY A MAJORITY OF VOTES DURING THE NEXT TERM OF LEGISLATION. THE ENACTMENT, WITHOUT REFERENCE TO THE MESHRANO JIRGA (HOUSE OF THE ELDERS), THEN BECOMES LAW AFTER IT IS SIGNED BY THE KING. WHEN THE DIFFERENCES BETWEEN THE TWO HOUSES OF THE SHURA (PARLIAMENT) RELATE TO FINANCIAL BILLS AND ARE NOT RESOLVED BY THE JOINT COMMITTEE, THE WOLESI JIRGA (HOUSE OF THE PEOPLE) MAY MOVE THE BILL AGAIN IN THE FOLLOWING SESSION AND APPROVE IT BY A MAJORITY VOTE. THIS ENACTMENT, WITHOUT REFERENCE TO THE MESHRANO JIRGA (HOUSE OF THE ELDERS), BECOMES LAW AFTER IT IS SIGNED BY THE KING. ARTICLE 75 THE STATE BUDGET IS PRESENTED TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE) THROUGH THE MESHRANO JIRGA (HOUSE OF THE ELDERS) TOGETHER WITH THEIR ADVISORY COMMENTS. THE PRESIDENT OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) REFERS THE BUDGET PROPOSAL, ALONG WITH THE COMMENTS OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS), TO THE COMMITTEE CONCERNED. AFTERWARDS, THE BUDGET PROPOSAL, TOGETHER WITH THE COMMENTS OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS) AND OF THE COMMITTEE CONCERNED, ARE PRESENTED TO THE HOUSE FOR CONSIDERATION AND DECISION. THIS DECISION IS NOT SUBMITTED TO THE MESHRANO JIRGA (HOUSE OF THE ELDERS) AND BECOMES EFFECTIVE AFTER IT IS SIGNED BY THE KING. THIS PROVISION ALSO APPLIES TO DISCUSSIONS ON THE DEVELOPMENT PLANS OF THE GOVERNMENT IN THE WOLESI JIRGA (HOUSE OF THE PEOPLE). WHENEVER FOR ANY REASON THE PASSAGE OF THE BUDGET DOES NOT MATERIALIZE BEFORE THE BEGINNING OF THE NEW FISCAL YEAR, THE BUDGET OF THE PREVIOUS YEAR IS APPLICABLE UNTIL THE NEW BUDGET IS ADOPTED. THE GOVERNMENT IS BOUND TO SUBMIT TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE) FINAL ACCOUNTS OF THE BUDGET OF THE PREVIOUS YEAR AT LEAST ONE MONTH BEFORE THE SUBMISSION OF THE NEW BUDGET. ARTICLE 76 WHEN THE MESHRANO JIRGA (HOUSE OF THE ELDERS) DOES NOT GIVE ITS DECISION ON AN ENACTMENT REFERRED TO IT BY THE WOLESI JIRGA (HOUSE OF THE PEOPLE) WITHIN SIX MONTHS FROM THE DATE OF ITS RECEIPT, THE ENACTMENT IS CONSIDERED TO HAVE BEEN ADOPTED. IN CALCULATING THIS TIME, THE PERIOD OF ADJOURNMENT IS NOT TAKEN INTO ACCOUNT. ARTICLE 77 DURING ADJOURNMENT OR DISSOLUTION OF THE SHURA (PARLIAMENT) THE GOVERNMENT MAY FORMULATE ORDNANCES FOR REGULATING URGENT MATTERS IN RESPECT TO PARAGRAPH ONE OF ARTICLE 64. THESE ORDINANCES SHALL BECOME LAW AFTER BEING SIGNED BY THE KING. THE ORDINANCES SHALL BE SUBMITTED TO THE SHURA (PARLIAMENT) WITHIN THIRTY DAYS OF THE FIRST MEETING OF THE SHURA (PARLIAMENT). IF REJECTED THE ORDINANCES SHALL BECOME INVALID. TITLE FIVE THE LOYA JIRGA (GREAT COUNCIL) ARTICLE 78 THE LOYA JIRGA (GREAT COUNCIL) CONSISTS OF MEMBERS OF THE SHURA (PARLIAMENT) AND THE CHAIRMAN OF THE PROVINCIAL COUNCILS. IN THE EVENT OF THE DISSOLUTION OF THE SHURA (PARLIAMENT) ITS MEMBERS RETAIN THEIR POSITION AS MEMBERS OF THE LOYA JIRGA (GREAT COUNCIL) UNTIL A NEW SHURA (PARLIAMENT) COMES INTO BEING. ARTICLE 79 SUBJECT TO THE PROVISIONS OF ARTICLES 19, 21 AND 22 OF THIS CONSTITUTION, THE LOYA JIRGA (GREAT COUNCIL) IS SUMMONED BY A ROYAL PROCLAMATION. ARTICLE 80 WHEN THE LOYA JIRGA (GREAT COUNCIL) IS IN SESSION, THE PROVISIONS OF ARTICLE 51 ARE APPLICABLE TO ITS MEMBERS. ARTICLE 81 THE DELIBERATIONS OF THE LOYA JIRGA (GREAT COUNCIL) ARE OPEN UNLESS THE GOVERNMENT OR AT LEAST TWENTY MEMBERS OF THE LOYA JIRGA (GREAT COUNCIL) REQUEST A SECRET SESSION AND THE LOYA JIRGA (GREAT COUNCIL) APPROVES THIS REQUEST. ARTICLE 82 THE PRESIDENT OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE), AND IN HIS ABSENCE, THE PRESIDENT OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS) PRESIDES OVER THE LOYA JIRGA (GREAT COUNCIL). THE LOYA JIRGA (GREAT COUNCIL), AT ITS FIRST MEETING, ELECTS ONE OF ITS MEMBERS AS SECRETARY. ARTICLE 83 EXCEPT IN CASES CLEARLY DEFINED IN THIS CONSTITUTION, THE DECISIONS OF THE LOYA JIRGA (GREAT COUNCIL) SHALL BE BY A MAJORITY OF THE VOTES OF ITS MEMBERS PRESENT. THE PROCEDURE OF THE LOYA JIRGA (GREAT COUNCIL) SHALL BE REGULATED BY LAW, SUBJECT TO THE PROVISIONS OF THIS CONSTITUTION. ARTICLE 84 THE LOYA JIRGA (GREAT COUNCIL) ENJOYS THE POWERS DEFINED IN THIS CONSTITUTION. TITLE SIX THE GOVERNMENT ARTICLE 85 THE GOVERNMENT OF AFGHANISTAN CONSISTS OF THE PRIME MINISTER AND THE MINISTERS. THE PRIME MINISTER IS THE HEAD AND THE MINISTERS ARE THE MEMBERS OF THE GOVERNMENT. THE NUMBER OF MINISTERS AND THEIR FUNCTIONS SHALL BE REGULATED BY LAW. ARTICLE 86 ANY PERSON WHO, IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, IS ELIGIBLE FOR ELECTION TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE) MAY BE APPOINTED AS THE HEAD OR MEMBER OF THE GOVERNMENT. THE HEAD OF THE GOVERNMENT SHALL BE AN AFGHAN BY BIRTH. THE HEAD AND MEMBERS OF THE GOVERNMENT MAY BE APPOINTED FROM THE MEMBERS OF THE SHURA (PARLIAMENT) OR OUTSIDE OF IT. ANY MEMBER OF THE SHURA (PARLIAMENT) APPOINTED AS THE HEAD OR A MEMBER OF THE GOVERNMENT SHALL CEASE TO BE A MEMBER OF THE SHURA (PARLIAMENT). ARTICLE 87 THE PRIME MINISTER AND THE MINISTERS CANNOT ENGAGE IN ANY OTHER PROFESSION DURING THEIR TENURE OF OFFICE. ARTICLE 88 SUITABLE SALARIES SHALL BE FIXED BY LAW FOR THE HEAD AND MEMBERS OF THE GOVERNMENT. ARTICLE 89 THE GOVERNMENT SHALL BE FORMED BY THE PERSON DESIGNATED AS PRIME MINISTER BY THE KING. THE MEMBERS AND POLICY OF THE GOVERNMENT ARE PRESENTED BY THE PRIME MINISTER TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE), WHICH, AFTER DEBATE, RESOLVES ON A VOTE OF CONFIDENCE IN THE GOVERNMENT. WHEN THE VOTE OF CONFIDENCE IS GIVEN, THE KING ISSUES A ROYAL DECREE APPOINTING THE HEAD AND MEMBERS OF THE GOVERNMENT. AFTERWARDS THE PRIME MINISTER ACQUAINTS THE MESHRANO JIRGA (HOUSE OF THE ELDERS) WITH THE POLICY OF THE GOVERNMENT. ARTICLE 90 WHENEVER A GOVERNMENT FALLS BECAUSE OF THE DEATH OR RESIGNATION OF THE PRIME MINISTER DURING THE DISSOLUTION OF THE SHURA (PARLIAMENT), A NEW GOVERNMENT SHALL BE APPOINTED BY A ROYAL DECREE. THE PRIME MINISTER SHALL INTRODUCE THE MEMBERS OF THE GOVERNMENT AND ITS POLICY TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE) AT THE OPENING OF THE NEW TERM OF SHURA (PARLIAMENT) AND SHALL ASK FOR A VOTE OF CONFIDENCE. ARTICLE 91 THE GOVERNMENT FALLS IN THE FOLLOWING CIRCUMSTANCES: 1) ON THE PRIME MINISTER'S RESIGNATION OR DEATH. 2) ON A VOTE OF NO CONFIDENCE AGAINST THE GOVERNMENT BY THE WOLESI JIRGA (HOUSE OF THE PEOPLE). 3) ON THE CHARGE OF HIGH TREASON AGAINST THE HEAD OR ALL MEMBERS OF THE GOVERNMENT, AS STIPULATED IN ARTICLE 93. 4) ON THE DISSOLUTION OF THE SHURA (PARLIAMENT). 5) ON THE TERMINATION OF THE LEGISLATIVE TERM. IN THE LAST TWO CASES, THE GOVERNMENT SHALL CEASE TO EXIST WITH THE FIRST MEETING OF THE NEW WOLESI JIRGA (HOUSE OF THE PEOPLE). IN THE CASE OF RESIGNATION OF THE PRIME MINISTER, THE GOVERNMENT CEASES TO EXIST AFTER THE ACCEPTANCE OF THE RESIGNATION BY THE KING. IN THE EVENT OF THE PRIME MINISTER'S DEATH, ONE OF THE MINISTERS, ON ORDERS FROM THE KING, DISCHARGES THE DUTIES OF PRIME MINISTER UNTIL A NEW GOVERNMENT IS FORMED. WHEN THE GOVERNMENT FALLS DUE TO THE ALLEGATION OF HIGH TREASON, UNDER THE PROVISION OF ARTICLE 93, THE PERSON APPOINTED BY THE KING AS THE PRIME MINISTER CAN CONTINUE HIS DUTIES WITHOUT RECEIVING A VOTE OF CONFIDENCE UNTIL THE FIRST MEETING OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) FOLLOWING THE DECISION OF THE LOYA JIRGA (GREAT COUNCIL) ON THE ALLEGATION. IN ALL OTHER CASES THE OUTGOING GOVERNMENT SHALL CONTINUE IN OFFICE UNTIL A NEW GOVERNMENT IS FORMED. ARTICLE 92 THE VOTE OF NO CONFIDENCE AGAINST THE GOVERNMENT SHALL BE SPECIFIC AND DIRECT. IN THE TWO LEGISLATIVE TERMS FOLLOWING THE PROMULGATION OF THIS CONSTITUTION, A VOTE OF NO CONFIDENCE AGAINST THE GOVERNMENT SHALL BE BY A TWO THIRDS MAJORITY OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) AND FOR GOVERNMENTS AFTER THAT PERIOD, BY A MAJORITY VOTE OF THE MEMBERS. ARTICLE 93 WHEN MORE THAN ONE THIRD OF THE MEMBERS OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) DEMAND THE IMPEACHMENT OF THE PRIME MINISTER OR OF A MAJORITY OF THE MEMBERS OF THE GOVERNMENT ON A CHARGE OF HIGH TREASON, AND THE WOLESI JIRGA (HOUSE OF THE PEOPLE) APPROVES THIS DEMAND BY A TWO THIRDS MAJORITY OF THE MEMBERS, THE GOVERNMENT FALLS AND A MEETING OF THE LOYA JIRGA (GREAT COUNCIL) IS CALLED TO APPOINT AN ENQUIRY COMMISSION. IF AFTER STUDYING THE REPORT OF THE COMMISSION, THE LOYA JIRGA (GREAT COUNCIL) DECIDES BY A TWO THIRDS MAJORITY VOTE OF THE MEMBERS THAT PROSECUTION IS NECESSARY, IT COMMISSIONS A MEMBER OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) TO FILE A SUIT AGAINST THE ACCUSED IN THE SUPREME COURT. THE ABOVE PROVISION SHALL ALSO APPLY TO ONE OR A FEW MINISTERS NUMBERING LESS THAN HALF WHO ARE ACCUSED OF HIGH TREASON. AS A RESULT OF THE ACCUSATION, THE ACCUSED SHALL BE RELIEVED OF HIS DUTIES BUT THE GOVERNMENT SHALL NOT FAIL. ARTICLE 94 IMPLEMENTATION OF THE PROVISIONS OF THIS CONSTITUTION AND ALL THE LAWS, ENFORCEMENT OF THE FINAL JUDGMENTS OF THE COURTS, ADOPTION OF NECESSARY MEASURES FOR THE MAINTENANCE OF PUBLIC ORDER AND SECURITY, REGULATION OF FINANCIAL AFFAIRS OF THE STATE, PROTECTION OF PUBLIC PROPERTY, DEVELOPMENT OF THE SOCIAL, CULTURAL AND ECONOMIC CONDITION OF THE PEOPLE, PRESERVATION OF INDEPENDENCE, DEFENSE OF TERRITORIAL INTEGRITY AND PROTECTION OF THE INTERESTS AND PRESTIGE OF AFGHANISTAN IN THE INTERNATIONAL COMMUNITY ARE THE DUTIES OF THE GOVERNMENT. TO REGULATE ITS FUNCTIONS, THE GOVERNMENT SHALL MAKE REGULATIONS BASED ON LAWS. NO REGULATION SHALL BE REPUGNANT TO THE LETTER OR SPIRIT OF ANY LAW. ARTICLE 95 THE COUNCIL OF MINISTERS LAYS DOWN THE BASIC LINES OF THE POLICY OF THE GOVERNMENT AND APPROVES THOSE REGULATIONS WHICH ARE WITHIN THE COMPETENCE OF THE GOVERNMENT. THE PRIME MINISTER PRESIDES OVER THE COUNCIL OF MINISTERS, DIRECTS AND GUIDES THE ACTIVITIES OF THE GOVERNMENT AND SECURES COORDINATION IN ITS WORK. THE PRIME MINISTER IS ALSO RESPONSIBLE FOR MAINTAINING LIAISON BETWEEN THE GOVERNMENT, ON THE ONE SIDE, AND THE KING AND THE SHURA (PARLIAMENT) ON THE OTHER SIDE. THE MINISTERS DISCHARGE THEIR DUTIES, AS HEADS OF THE ADMINISTRATIVE UNITS, AND AS MEMBERS OF THE GOVERNMENT, UNDER THE ORDER AND GUIDANCE OF THE PRIME MINISTER WITHIN THE LIMITATIONS ESTABLISHED BY THIS CONSTITUTION AND THE LAWS. ARTICLE 96 THE PRIME MINISTER AND THE MINISTERS ARE COLLECTIVELY RESPONSIBLE TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE) FOR THE GENERAL POLICY OF THE GOVERNMENT, AND INDIVIDUALLY FOR THEIR PRESCRIBED DUTIES. THE PRIME MINISTER AND THE MINISTERS ARE ALSO RESPONSIBLE FOR THOSE ACTIONS OF THE GOVERNMENT CONCERNING WHICH THEY OBTAIN A ROYAL DECREE, IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION. TITLE SEVEN THE JUDICIARY ARTICLE 97 THE JUDICIARY IS ALL INDEPENDENT ORGAN OF THE STATE AND DISCHARGES ITS DUTIES SIDE BY SIDE WITH THE LEGISLATIVE AND EXECUTIVE ORGANS. ARTICLE 98 THE JUDICIARY CONSISTS OF A SUPREME COURT AND OTHER COURTS, THE NUMBER OF WHICH SHALL BE DETERMINED BY LAW. IT IS WITHIN THE JURISDICTION OF THE JUDICIARY TO ADJUDICATE IN ALL LITIGATION BROUGHT BEFORE IT ACCORDING TO THE RULES OF LAW, IN WHICH REAL OR LEGAL PERSONS, INCLUDING THE STATE, ARE INVOLVED EITHER AS PLAINTIFF OR DEFENDANT. UNDER NO CIRCUMSTANCES SHALL A LAW EXCLUDE FROM THE JURISDICTION OF THE JUDICIARY, AS DEFINED IN THIS TITLE, A CASE OR SPHERE, AND ASSIGN IT TO OTHER AUTHORITIES. THIS PROVISION DOES NOT PREVENT THE ESTABLISHMENT OF MILITARY COURTS; BUT THE JURISDICTION OF THESE COURTS IS CONFINED TO OFFENSES RELATED TO THE ARMED FORCES OF AFGHANISTAN. THE ORGANIZATION AND JURISDICTION OF THE MILITARY COURTS SHALL BE DETERMINED BY LAW. ARTICLE 99 THE JUDGES ARE APPOINTED BY THE KING ON THE RECOMMENDATION OF THE CHIEF JUSTICE. WHENEVER A JUDGE COMMITS AN OFFENSE, THE SUPREME COURT CONSIDERS THE CASE OF THE JUDGE, AND AFTER HEARING THE DEFENSE OF THE JUDGE CAN RECOMMEND HIS DISMISSAL TO THE KING. IN CASE THE RECOMMENDATION IS APPROVED BY THE KING, THE JUDGE IS DISMISSED FROM OFFICE. TRANSFERS, PROMOTIONS, CALLING TO ACCOUNT, AND RECOMMENDATIONS FOR RETIREMENT OF THE JUDGES ARE WITHIN THE COMPETENCE OF THE SUPREME COURT, IN ACCORDANCE WITH THE PROVISION OF THE LAW. SUITABLE SALARIES FOR THE JUDGES ARE FIXED BY LAW. JUDGES CANNOT ENGAGE IN OTHER OCCUPATIONS DURING THEIR TENURE OF OFFICE. ARTICLE 100 IN THE COURTS OF AFGHANISTAN TRIALS ARE HELD OPENLY AND EVERYONE MAY ATTEND IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE COURT MAY IN EXCEPTIONAL CASES SPECIFIED IN THE LAW HOLD CLOSED TRIALS. HOWEVER, THE JUDGMENT SHALL ALWAYS BE OPENLY PROCLAIMED. THE COURTS ARE BOUND TO STATE IN THEIR JUDGMENTS THE REASONS FOR THEIR VERDICTS. ARTICLE 101 THE ENFORCEMENT OF ALL FINAL JUDGMENTS OF THE COURTS IS OBLIGATORY EXCEPT IN THE CASE OF A DEATH SENTENCE WHERE THE EXECUTION OF THE COURT DECISION IS SUBJECT TO THE KING'S SIGNATURE. ARTICLE 102 THE COURTS IN THE CASES UNDER THEIR CONSIDERATION SHALL APPLY THE PROVISIONS OF THIS CONSTITUTION AND THE LAWS OF THE STATE. WHENEVER NO PROVISION EXISTS IN THE CONSTITUTION OR THE LAWS FOR A CASE UNDER CONSIDERATION, THE COURT SHALL, BY FOLLOWING THE BASIC PRINCIPLES OF THE HANAFI JURISPRUDENCE OF THE SHARIAAT OF ISLAM AND WITHIN THE PROVISIONS SET FORTH IN THIS CONSTITUTION, RENDER A DECISION THAT IN THEIR OPINION SECURES JUSTICE IN THE BEST POSSIBLE WAY. ARTICLE 103 INVESTIGATION OF CRIMES SHALL BE CONDUCTED, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW, BY THE ATTORNEY GENERAL, WHO IS A PART OF THE EXECUTIVE ORGAN OF THE STATE. ARTICLE 104 SUBJECT TO THE PROVISIONS OF THIS CONSTITUTION, RULES RELATING TO THE ORGANIZATION AND THE FUNCTION OF THE COURTS, AND MATTERS CONCERNING JUDGES SHALL BE REGULATED BY LAW. THE PRINCIPAL AIM OF THESE LAWS SHALL BE THE ESTABLISHMENT OF UNIFORMITY IN JUDICIAL PRACTICE, ORGANIZATION, JURISDICTION, AND PROCEDURES OF THE COURTS. ARTICLE 105 THE SUPREME COURT CONSISTS OF NINE JUDGES APPOINTED BY THE KING. THE KING SHALL APPOINT THE MEMBERS OF THE SUPREME COURT FROM AMONGST PERSONS WHO SHALL: 1) HAVE COMPLETED 35 YEARS. 2) BE ELIGIBLE FOR ELECTION TO THE SHURA (PARLIAMENT) IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 46. 3) HAVE SUFFICIENT KNOWLEDGE OF JURISPRUDENCE, THE NATIONAL OBJECTIVES, AND THE LAWS AND LEGAL SYSTEM IN AFGHANISTAN. THE KING APPOINTS ONE OF THE JUDGES OF THE SUPREME COURT, WHOSE AGE IS NOT LESS THAN 40 AND NOT OVER 60 YEARS, AS THE CHIEF JUSTICE. THE KING CAN REVIEW THE APPOINTMENT OF THE CHIEF JUSTICE AND THE JUDGES OF THE SUPREME COURT AFTER THE LAPSE OF TEN YEARS FROM THE DATE OF THEIR APPOINTMENT TO THE SAID OFFICES. SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND OF ARTICLE 106, THE CHIEF JUSTICE AND JUDGES OF THE SUPREME COURT SHALL NOT BE REMOVED FROM THEIR OFFICES BY ANY OTHER MEANS. EXCEPT IN THE CASE MENTIONED IN ARTICLE 106, THE CHIEF JUSTICE AND JUDGES OF THE SUPREME COURT SHALL, AFTER THEIR TENURE IN OFFICE, ENJOY FOR THE REST OF THEIR LIVES ALL THE FINANCIAL PRIVILEGES PERTAINING TO THE TERM OF THEIR SERVICES. THE CHIEF JUSTICE AND JUDGES OF THE SUPREME COURT SHALL NOT, AFTER THE TERMINATION OF THEIR SERVICES, BECOME PRIME MINISTER OR MEMBERS OF THE GOVERNMENT, MEMBERS OF THE SHURA (PARLIAMENT) OR GOVERNMENT OFFICIALS. THE CHIEF JUSTICE AND MEMBERS OF THE SUPREME COURT SHALL NOT PARTICIPATE IN POLITICAL PARTIES DURING OR AFTER THEIR TENURE OF OFFICE. ARTICLE 106 SHOULD MORE THAN ONE THIRD OF THE MEMBERS OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) DEMAND THE IMPEACHMENT OF THE CHIEF JUSTICE OR ONE OR MORE JUDGES OF THE SUPREME COURT ON A CHARGE OF A CRIME STEMMING FROM THE PERFORMANCE OF THEIR DUTIES, AND THE WOLESI JIRGA (HOUSE OF THE PEOPLE) APPROVE THIS DEMAND BY A MAJORITY OF TWO THIRDS OF ITS MEMBERS, THE ACCUSED IS SUSPENDED FROM OFFICE AND A MEETING OF THE LOYA JIRGA (GREAT COUNCIL) IS CALLED TO APPOINT A COMMISSION OF ENQUIRY. IF THE LOYA JIRGA (GREAT COUNCIL), AFTER STUDYING THE REPORT OF THE COMMISSION, DECIDES BY A TWO THIRDS MAJORITY OF ITS MEMBERS THAT THE PROSECUTION OF THE ACCUSED IS NECESSARY, IT SHALL APPOINT ONE OF ITS MEMBERS TO FILE A SUIT AND SHALL APPOINT A PANEL OF EIGHT PERSONS TO ACT AS A TRIBUNAL. THE TRIBUNAL, PRESIDED OVER BY THE PRESIDENT OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS), SHALL TRY THE ACCUSED IN ACCORDANCE WITH THE CRIMINAL PROCEDURES OF THE SUPREME COURT. THE ACCUSED, IF PROVED GUILTY, SHALL BE DISMISSED FROM OFFICE AND PUNISHED. ARTICLE 107 THE SUPREME COURT IS THE HIGHEST JUDICIAL AUTHORITY IN AFGHANISTAN. THE SUPREME COURT REGULATES THE ORGANIZATION AND FUNCTIONS OF THE COURTS AND THE JUDICIAL AFFAIRS OF THE STATE IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION AND THE LAW. THE SUPREME COURT ADOPTS NECESSARY MEASURES TO ORGANIZE THE ADMINISTRATIVE AFFAIRS OF THE COURTS. THE BUDGET OF THE JUDICIARY IS PREPARED BY THE CHIEF JUSTICE IN CONSULTATION WITH THE GOVERNMENT AND, AFTER THE APPROVAL OF THE SUPREME COURT, IS PRESENTED BY THE GOVERNMENT TO THE SHURA (PARLIAMENT) AS A PART OF THE STATE BUDGET. THE SUPREME COURT ADMINISTERS THE BUDGET OF THE JUDICIARY. THE PROVISIONS OF THE LAW RELATING TO CIVIL SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES OF THE STATE ARE APPLICABLE TO THE CIVIL SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES OF THE JUDICIARY. HOWEVER, THEIR APPOINTMENT, PROMOTION, DISMISSAL, RETIREMENT, AND CALLING TO ACCOUNT SHALL BE WITHIN THE COMPETENCE OF THE SUPREME COURT, IN ACCORDANCE WITH THE LAW. TITLE EIGHT THE ADMINISTRATION ARTICLE 108 THE ADMINISTRATION OF AFGHANISTAN IS BASED UPON THE PRINCIPAL OF CENTRALIZATION, IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. THE CENTRAL ADMINISTRATION SHALL BE DIVIDED INTO A NUMBER OF ADMINISTRATIVE UNITS EACH HEADED BY A MINISTER, AS PROVIDED IN THE LAW. THE UNIT OF LOCAL ADMINISTRATION IS THE PROVINCE. THE NUMBER, AREA, SUBDIVISIONS AND ORGANIZATION OF THE PROVINCES SHALL BE FIXED BY LAW. ARTICLE 109 IN EACH PROVINCE A PROVINCIAL COUNCIL SHALL BE FORMED. THE MEMBERS OF THE PROVINCIAL COUNCIL SHALL BE ELECTED BY THE RESIDENTS OF THE PROVINCE IN A FREE, UNIVERSAL, DIRECT AND SECRET ELECTION. THE PROVINCIAL COUNCIL SHALL ELECT ONE OF ITS MEMBERS AS CHAIRMAN. THE PROVINCIAL COUNCILS SHALL TAKE PART IN THE REALIZATION OF THE DEVELOPMENT TARGETS OF THE STATE IN THE MANNER SPECIFIED BY LAW. SIMILARLY, THE PROVINCIAL COUNCILS SHALL ADVISE THE PROVINCIAL GOVERNMENT ON MATTERS PERTAINING TO THE BETTERMENT OF THE CONDITION AND THE GENERAL DEVELOPMENT OF THE PROVINCE. THE PROVINCIAL COUNCIL SHALL DISCHARGE ITS DUTIES IN COOPERATION WITH THE PROVINCIAL GOVERNMENT. SUITABLE SALARIES FOR THE MEMBERS OF THE PROVINCIAL COUNCILS SHALL BE FIXED BY LAW. ARTICLE 110 LAWS SHALL BE FRAMED IN ACCORDANCE WITH THE PRINCIPLES OF THIS TITLE TO ORGANIZE THE WORK OF THE LOCAL ADMINISTRATION. ONE OF THE OBJECTIVES OF THESE LAWS SHALL BE THE EXTENSION OF THE COUNCILS TO THE VILLAGE LEVEL AND THEIR EVER INCREASING PARTICIPATION IN THE LOCAL ADMINISTRATION. ARTICLE 111 MUNICIPALITIES SHALL BE ORGANIZED TO ADMINISTER THE AFFAIRS OF THE CITIES. MUNICIPAL COUNCILS SHALL BE ESTABLISHED BY FREE, UNIVERSAL, DIRECT AND SECRET ELECTION. SUBJECT TO THE PROVISIONS OF THIS TITLE, MATTERS RELATING TO THE MUNICIPALITIES SHALL BE REGULATED BY LAW. ARTICLE 112 THE FUNCTIONS OF THE ADMINISTRATION SHALL BE CARRIED OUT BY THE CIVIL SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES. SUITABLE SALARIES SHALL BE FIXED BY LAW FOR THE CIVIL SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES. THE RIGHTS AND DUTIES OF THE CIVIL SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES SHALL BE REGULATED BY LAW. TITLE NINE STATE OF EMERGENCY ARTICLE 113 WHENEVER THE PRESERVATION OF INDEPENDENCE AND THE CONTINUANCE OF NATIONAL LIFE BECOME IMPOSSIBLE THROUGH THE CHANNELS PROVIDED FOR IN THIS CONSTITUTION DUE TO WAR, DANGER OF WAR, SERIOUS DISTURBANCES, OR SIMILAR CONDITIONS WHICH ENDANGER THE COUNTRY, A STATE OF EMERGENCY SHALL BE DECLARED BY THE KING. SHOULD A STATE OF EMERGENCY CONTINUE FOR MORE THAN THREE MONTHS, THE CONCURRENCE OF THE LOYA JIRGA (GREAT COUNCIL) IS IMPERATIVE FOR ITS EXTENSION. ARTICLE 114 IN A STATE OF EMERGENCY, THE KING MAY TRANSFER ALL OR PART OF THE POWERS OF THE SHURA (PARLIAMENT) TO THE GOVERNMENT. ARTICLE 115 IN A STATE OF EMERGENCY, THE GOVERNMENT, AFTER OBTAINING THE CONCURRENCE OF THE SUPREME COURT, MAY, BY ORDINANCES, SUSPEND OR IMPOSE RESTRICTIONS UPON THE FOLLOWING PROVISIONS OF THIS CONSTITUTION: 1) SECTION ONE OF ARTICLE 28. 2) SECTION THREE OF ARTICLE 29. 3) SECTION TWO OF ARTICLE 30. 4) SECTION ONE OF ARTICLE 32. 5) SECTION ONE OF ARTICLE 33. ARTICLE 116 THE KING MAY, IN A STATE OF EMERGENCY, TRANSFER THE CAPITAL TEMPORARILY FROM THE CITY (KABUL) TO ANOTHER PLACE. ARTICLE 117 SHOULD THE LEGISLATIVE TERM OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) OR THE TERM OF OFFICE OF A PART OF THE MEMBERS OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS) COME TO AN END DURING THE STATE OF EMERGENCY, THE KING MAY POSTPONE THE HOLDING OF NEW ELECTIONS AND EXTEND THE LEGISLATIVE TERM OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) OR THE TERM OF OFFICE OF THE SAID MEMBERS OF THE MESHRANO JIRGA (HOUSE OF THE ELDERS), UNTIL THE STATE OF EMERGENCY COMES TO AN END. ELECTIONS SHALL BE HELD IMMEDIATELY AFTER THE TERMINATION OF THE STATE OF EMERGENCY. ARTICLE 118 THE CONSTITUTION SHALL NOT BE AMENDED DURING A STATE OF EMERGENCY. ARTICLE 119 AT THE END OF A STATE OF EMERGENCY, THE MEASURES ADOPTED UNDER ARTICLE 115 BECOME IMMEDIATELY INVALID. MEASURES ADOPTED BY THE GOVERNMENT IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 114 SHALL BE SUBMITTED TO THE SHURA (PARLIAMENT) WITHIN ONE MONTH FROM THE DATE OF ITS FIRST MEETING FOLLOWING THE END OF THE STATE OF EMERGENCY. THESE MEASURES BECOME NULL AND VOID IF THE SHURA (PARLIAMENT) REJECTS THEM. WHENEVER DURING A STATE OF EMERGENCY A GOVERNMENT HAS BEEN FORMED WHICH HAS NOT OBTAINED A VOTE OF CONFIDENCE FROM THE WOLESI JIRGA (HOUSE OF THE PEOPLE) UNDER THE PROVISION OF ARTICLE 114, A MOTION FOR A VOTE OF CONFIDENCE SHALL BE PUT IMMEDIATELY BEFORE THE WOLESI JIRGA (HOUSE OF THE PEOPLE) AFTER THE END OF THE STATE OF EMERGENCY, FOR DEBATE AND DECISION THEREON. TITLE TEN AMENDMENT ARTICLE 120 ADHERENCE TO THE BASIC PRINCIPLES OF ISLAM, CONSTITUTIONAL MONARCH IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, AND THE VALUES EMBODIED IN ARTICLE 8 SHALL NOT BE SUBJECT TO AMENDMENT. AMENDMENTS TO OTHER PROVISIONS OF THE CONSTITUTION MAY BE INITIATED BY THE COUNCIL OF MINISTERS OR ONE THIRD OF THE MEMBERS OF THE WOLESI JIRGA (HOUSE OF THE PEOPLE) OR THE MESHRANO JIRGA (HOUSE OF THE ELDERS), IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. ARTICLE 121 THE PROPOSAL FOR AMENDMENT IS DISCUSSED BY THE LOYA JIRGA (GREAT COUNCIL), AND IN CASE A MAJORITY OF THE MEMBERS APPROVES ITS NECESSITY, A COMMITTEE FROM AMONGST ITS MEMBERS SHALL BE APPOINTED TO FORMULATE THE AMENDMENT. THE COMMITTEE SHALL FORMULATE THE AMENDMENT WITH THE ADVICE OF THE COUNCIL OF MINISTERS AND THE SUPREME COURT, FOR SUBMISSION TO THE LOYA JIRGA (GREAT COUNCIL). IN CASE THE LOYA JIRGA (GREAT COUNCIL) APPROVES THE DRAFT AMENDMENT WITH A MAJORITY VOTE OF ITS MEMBERS, IT IS SUBMITTED TO THE KING. THE KING SHALL DISSOLVE THE SHURA (PARLIAMENT), CIRCULATE THE DRAFT AMENDMENT TO THE PUBLIC AND PROCLAIM THE DATE OF THE NEW ELECTIONS. THE NEW ELECTIONS SHALL TAKE PLACE WITHIN FOUR MONTHS FROM THE DISSOLUTION OF THE SHURA (PARLIAMENT). ARTICLE 122 FOLLOWING THE OPENING OF THE SHURA (PARLIAMENT) AND THE FORMATION OF THE GOVERNMENT THE KING SUMMONS THE LOYA JIRGA (GREAT COUNCIL), WHICH, AFTER CONSIDERATION, APPROVES OR REJECTS THE TEXT OF THE DRAFT AMENDMENT. THE DECISION OF THE LOYA JIRGA (GREAT COUNCIL) IN THIS RESPECT SHALL BE BY A TWO THIRDS MAJORITY VOTE OF ITS MEMBERS AND SHALL BE ENFORCED AFTER IT HAS BEEN SIGNED BY THE KING. TITLE ELEVEN TRANSITIONAL PROVISIONS ARTICLE 123 SUBJECT TO THE PROVISIONS OF THIS TITLE, THIS CONSTITUTION SHALL COME INTO FORCE FROM THE DATE IT IS SIGNED AND PROCLAIMED BY THE KING. ARTICLE 124 AFTER THE KING PROCLAIMS THIS CONSTITUTION, THE NATIONAL ASSEMBLY AND THE SENATE ARE CONSIDERED TO BE DISSOLVED. ARTICLE 125 THE NEW SHURA (PARLIAMENT) SHALL BE INAUGURATED ON MEEZAN 22, 1344, A. H. THE PERIOD BETWEEN THE PROCLAMATION OF THIS CONSTITUTION AND THE INAUGURATION OF THE NEW SHURA (PARLIAMENT) SHALL BE CONSIDERED THE INTERIM PERIOD. DURING THE INTERIM PERIOD, THE POWERS OF THE SHURA (PARLIAMENT) ARE TRANSFERRED TO THE GOVERNMENT. ORDINANCES ISSUED DURING THE INTERIM PERIOD, UNDER THE PROVISIONS OF THIS TITLE, SHALL BE SUBMITTED TO THE WOLESI JIRGA (HOUSE OF THE PEOPLE) IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 77. IF DURING THE INTERIM PERIOD A SITUATION ARISES, WHICH, IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, NECESSITATES THE CONVENING OF THE LOYA JIRGA (GREAT COUNCIL), THE DISSOLVED NATIONAL ASSEMBLY AND THE SENATE SHALL BE SUMMONED AND THE LOYA JIRGA (GREAT COUNCIL) CONSTITUTED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 78. IF THE PROVINCIAL COUNCILS ARE NOT IN EXISTENCE WHEN ONE OF THE ABOVE MENTIONED SITUATIONS ARISES, THE LOYA JIRGA (GREAT COUNCIL) SHALL BE CONSTITUTED WITHOUT THE CHAIRMEN OF THE PROVINCIAL COUNCILS. ARTICLE 126 THE FOLLOWING SHALL BE AMONG THE DUTIES OF THE GOVERNMENT DURING THE INTERIM PERIOD: 1) TO PREPARE ORDINANCES RELATING TO ELECTIONS, BASIC ORGANIZATION OF THE STATE, THE PRESS, AND JUDICIAL ORGANIZATION AND JURISDICTION, AND TO SUBMIT THE SAME TO THE KING FOR HIS SIGNATURE. 2) TO PREPARE DRAFTS OF BILLS RELATING TO POLITICAL PARTIES AND PROVINCIAL COUNCILS, AND TO SUBMIT THEM TO THE SHURA (PARLIAMENT), CONVENED AFTER THE INTERIM PERIOD. 3) TO ADOPT NECESSARY MEASURES AND PREPARE THE GROUND FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS CONSTITUTION. ARTICLE 127 THE SUPREME COURT SHALL COME INTO EXISTENCE ON THE 22ND DAY OF MEEZAN, 1346 A.H. IF IN THE INTERIM THE APPLICATION OF THE PROVISIONS OF ARTICLES 15, 17, 19, 21, 22, AND 115 OF THIS CONSTITUTION IS CALLED FOR, THE PROVISIONS OF THE SAID ARTICLES SHALL BE ENFORCED WITHOUT THE PARTICIPATION OF THE SUPREME COURT OR THE CHIEF JUSTICE. DURING THE TIME BETWEEN THE PROCLAMATION OF THIS CONSTITUTION AND THE ESTABLISHMENT OF THE SUPREME COURT, THE KING HAS THE AUTHORITY TO TAKE NECESSARY MEASURES FOR SECURING THE PERFORMANCE OF THE FUNCTIONS OF THE SUPREME COURT. ARTICLE 128 LAWS, ISSUED PRIOR TO THE PROCLAMATION OF THIS CONSTITUTION SHALL BE CONSIDERED EFFECTIVE PROVIDED THEY ARE NOT REPUGNANT TO THE PROVISIONS OF THIS CONSTITUTION AND ARE NOT NULLIFIED BY NEW LAWS. THE CONSTITUTION OF AFGHANISTAN 1977 THE CONSTITUTION OF THE REPUBLICAN STATE OF AFGHANISTAN PROMULGATION BY THE PRESIDENT OF THE REPUBLIC OF AFGHANISTAN IN THE NAME OF ALMIGHTY GOD, DESIROUS OF THE PROSPERITY OF THE NOBLE PEOPLE OF AFGHANISTAN; I MOHAMMAD DAUD, THE FIRST PRESIDENT OF THE REPUBLIC OF AFGHANISTAN, PURSUANT TO THE MANDATE UNANIMOUSLY CONFERRED UPON ME BY THE REPRESENTATIVES OF THE FIRST LOYA JIRGA OF THE REPUBLICAN STATE ON THE BASIS OF ITS DECISION OF DALW 25TH, 1355 AH, THIS DAY, THURSDAY, HOOT 5, 1355, IN KABUL, CAPITAL OF AFGHANISTAN, SIGN THIS CONSTITUTION AND PROCLAIM ITS ENFORCEMENT. MOHAMMAD DAUD FIRST PRESIDENT OF THE REPUBLICAN STATE OF AFGHANISTAN HOOT 5TH 1355 AH IN THE NAME OF ALLAH THE COMPASSIONATE, THE MERCIFUL PREAMBLE WHEREAS NATIONS AND SOCIETIES IN THE COURSE OF HISTORY ARE IN A STATE OF CONSTANT TRANSFORMATION AND EVOLUTION; AND, WHEREAS THIS REALITY HAS BEEN EVIDENT THROUGHOUT THE COURSE OF OUR HISTORY AS A PART OF THE HUMAN SOCIETY, THEREFORE: TO SECURE AN HONORABLE EXISTENCE FOUNDED ON THE FIRM PILLARS OF JUSTICE AND COMPETENCE AND ABOUNDING IN PROSPERITY, WELFARE AND CONFIDENCE; TO SECURE THE, SACRED NATIONAL, SOCIAL, ECONOMIC, POLITICAL AND CULTURAL ASPIRATION OF THE REVOLUTION OF SARATAN 26, OF THE YEAR 1352; TO STRENGTHEN AND CONSOLIDATE, EVER INCREASINGLY, NATIONAL UNITY, SECURITY, AND SOLIDARITY AND TO ENSURE SOCIAL JUSTICE AND TO ELIMINATE CONTRADICTIONS IN A POSITIVE AND PROGRESSIVE MANNER, IN ACCORDANCE WITH THE REALITIES OF HISTORY, NATIONAL CULTURE, AND THE OBJECTIVE AND SUBJECTIVE CONDITIONS PREVAILING IN OUR SOCIETY; TO RESPECT PROFOUNDLY THE GLORIOUS HISTORY AND THE PAST GRANDEUR OF THE PEOPLE OF OUR COUNTRY, AND THEIR PERSISTENT STRUGGLE FOR THE PRESERVATION OF NATIONAL IDENTITY, THE COUNTRIES'S INDEPENDENCE, AND TO FULFILL THEIR HISTORIC AND HUMAN MISSION: WITH TRUST IN ALMIGHTY GOD, AND ADHERING TO THE BASIC PRINCIPLES OF THE SACRED RELIGION OF ISLAM, AND ULTIMATELY IN ORDER TO ACHIEVE ALL THESE AIMS AND OBJECTIVES, WE THE PEOPLE OF AFGHANISTAN, REALIZING THE CONDITIONS AND REQUIREMENTS OF TIME, HAVE RESOLVED TO CONSOLIDATE OUR NATIONAL LIFE ON THE BASIS OF LIBERTY, PROGRESS, TRUTH, JUSTICE AND PEACE BASED ON THE PRINCIPLES OF BROTHERHOOD AND EQUALITY, AND TO FOUND THE PHILOSOPHY OF LIFE AND THE DESTINY OF THE PRESENT AND FUTURE GENERATIONS OF THE COUNTRY IN ACCORDANCE WITH THE FUNDAMENTAL AND ECONOMIC OBJECTIVES OF AFGHANISTAN'S NATIONAL AND PROGRESSIVE REVOLUTION OF SARATAN 26, OF THE YEAR 1352. WITH THE REALIZATION OF THESE FACTS, WE HAVE ENACTED THIS NATIONAL DOCUMENT AS THE CONSTITUTION OF OUR REPUBLICAN STATE IN ORDER TO SECURE THE PROSPERITY, THE WELFARE AND THE SPIRITUAL AND MATERIAL ADVANCEMENT OF THE NOBLE PEOPLE OF AFGHANISTAN, FOR OURSELVES AND FOR THE GUIDANCE OF FUTURE GENERATIONS. IN THE NAME OF ALLAH, THE COMPASSIONATE, THE MERCIFUL CHAPTER ONE FUNDAMENTAL OBJECTIVES ARTICLE ONE: THE DEFENSE OF INDEPENDENCE, NATIONAL SOVEREIGNTY AND TERRITORIAL INTEGRITY. ARTICLE TWO: THE EXERCISE OF POWER BY THE PEOPLE, THE MAJORITY OF WHOM CONSISTS OF FARMERS, WORKERS, THE ENLIGHTENED PEOPLE AND THE YOUTH. ARTICLE THREE: TO STRENGTHEN UNITY OF THOUGHT AND ACTION FOR THE FULL PARTICIPATION OF THE PEOPLE IN THE CONSTRUCTION, AND MATERIAL AND SPIRITUAL DEVELOPMENT, OF THE COUNTRY. ARTICLE FOUR: TO SECURE DEMOCRACY BASED ON SOCIAL JUSTICE AND THE INTERESTS OF THE PEOPLE. ARTICLE FIVE: TO RESPECT HUMAN LIBERTY AND DIGNITY AND TO ELIMINATE ALL FORMS OF TORTURE AND DISCRIMINATION. ARTICLE SIX: TO EVER INCREASE THE STABILITY AND CONSOLIDATION OF THE REPUBLICAN ORDER. ARTICLE SEVEN: TO INSTITUTE CONSTANT, PROFOUND AND BASIC ECONOMIC AND SOCIAL CHANGES BASED ON THE PRINCIPLES AND VALUES ENSHRINED IN THIS CONSTITUTION TO SECURE THE INTERESTS OF THE MAJORITY OF THE PEOPLE OF AFGHANISTAN. ARTICLE EIGHT: THE ELIMINATION OF EXPLOITATION IN ALL ITS FORMS AND MANIFESTATIONS. ARTICLE NINE: TO ENSURE THE RIGHT TO WORK. ARTICLE TEN: TO ENSURE AND TO GENERALIZE COMPULSORY PRIMARY EDUCATION, TO EXPAND AND DEVELOP GENERAL AND VOCATIONAL SECONDARY EDUCATION AND HIGHER EDUCATION, FREE OF CHARGE, IN ORDER TO TRAIN AND FORM ACADEMIC AND TECHNICAL CADRES TO SERVE THE PEOPLE. ARTICLE ELEVEN: TO EXPAND AND BROADEN PREVENTATIVE AND CURATIVE MEDICINE FOR THE PRESERVATION AND IMPROVEMENT OF PUBLIC HEALTH. ARTICLE TWELVE: TO RESPECT THE PRINCIPLES OF THE CHARTER OF THE UNITED NATIONS, THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND TO SUPPORT JUST PEACE. ULTIMATELY, THE FORMATION OF A PROSPEROUS AND PROGRESSIVE SOCIETY ON THE BASIS OF BROTHERHOOD, EQUALITY, COOPERATION, AND THE PRESERVATION OF HUMAN DIGNITY. CHAPTER TWO ECONOMIC PRINCIPLES ARTICLE THIRTEEN: RESOURCES SUCH AS MINE, FORESTS AND ENERGY, LARGE INDUSTRIES, COMMUNICATIONS, IMPORTANT AIR AND SURFACE TRANSPORT ESTABLISHMENTS, PORTS, BANKS, INSURANCE IMPORTANT FOOD PROCUREMENT ESTABLISHMENTS, AND ARCHAEOLOGICAL AND HISTORICAL OBJECTS ARE PART OF THE NATIONAL PROPERTY AND THEIR ADMINISTRATION SHALL BELONG TO THE STATE, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE FOURTEEN: LIMITS ON AGRICULTURAL PROPERTY SHALL BE DETERMINED AND FIXED BY THE LAND REFORM LAW. ARTICLE FIFTEEN: PRIVATE PROPERTY AND ENTERPRISES, BASED ON THE PRINCIPLES OF NON EXPLOITATION SHALL BE REGULATED BY LAW. ARTICLE SIXTEEN: COOPERATIVES, AND PRODUCTION AND CONSUMPTION COOPERATIVE COMPANIES, WITH THE PARTICIPATION OF THE PEOPLE THEREIN, SHALL BE ENCOURAGED, PROTECTED AND GUIDED BY THE GOVERNMENT IN ACCORDANCE WITH THE PROVISIONS OF THE LAW, TO ENSURE THE INTERESTS OF THE MAJORITY OF THE PEOPLE. ARTICLE SEVENTEEN: PRIVATE INVESTMENTS AND ENTERPRISES IN THE FIELD OF INTERMEDIATE, SMALL AND COTTAGE INDUSTRIES SHALL BE ENCOURAGED, PROTECTED AND GUIDED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE EIGHTEEN: THE TRADE OF THE COUNTRY, BASED ON THE PRINCIPLE OF GUIDED TRADE, SHALL BE REGULATED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW IN THE INTEREST OF THE MAJORITY OF THE PEOPLE. ARTICLE NINETEEN: TAXES SHALL BE COLLECTED ON THE BASIS OF SOCIAL JUSTICE IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. CHAPTER THREE THE STATE ARTICLE TWENTY: AFGHANISTAN IS A REPUBLICAN, DEMOCRATIC, INDEPENDENT, UNITARY AND INDIVISIBLE STATE. ARTICLE TWENTY ONE: NATIONAL SOVEREIGNTY IN AFGHANISTAN BELONGS TO THE PEOPLE. THE NATION OF AFGHANISTAN CONSISTS OF ALL THOSE INDIVIDUALS WHO HOLD THE CITIZENSHIP OF THE STATE OF AFGHANISTAN IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE WORD AFGHAN SHALL APPLY TO EACH AND EVERY INDIVIDUAL OF THE NATION OF AFGHANISTAN. ARTICLE TWENTY TWO: THE RELIGION OF AFGHANISTAN IS THE SACRED RELIGION OF ISLAM. THOSE CITIZENS WHO ARE NOT FOLLOWERS OF ISLAM SHALL BE FREE TO PERFORM THEIR RELIGIOUS RITES WITHIN THE LIMITS DETERMINED BY THE LAWS RELATING TO PUBLIC DECENCY AND PUBLIC PEACE. ARTICLE TWENTY THREE: FROM AMONGST THE LANGUAGES OF AFGHANISTAN, PASHTU AND DARI SHALL BE THE OFFICIAL LANGUAGES. ARTICLE TWENTY THREE: THE FLAG OF AFGHANISTAN CONSISTS OF BLACK, RED AND GREEN COLORS ARRANGED HORIZONTALLY IN FIXED PROPORTIONS FROM TOP DOWNWARDS WITH THE NATIONAL EMBLEM OF THE STATE AFFIXED IN ITS UPPER LEFT PORTION. THE DEFINITION AND THE PROPORTIONS FROM THE TOP DOWNWARDS WITH THE NATIONAL EMBLEM SHALL BE REGULATED BY LAW. ARTICLE TWENTY FOUR: THE ARMED FORCES OF THE REPUBLICAN STATE OF AFGHANISTAN, LOYAL TO THE OBJECTIVES OF THE NATIONAL REVOLUTION AND ABIDING TO THE NATIONAL TRADITIONS, SHALL BE AT THE SERVICE OF THE PEOPLE UNDER THE ORDERS OF THE GOVERNMENT. IT IS THE DUTY OF THE ARMED FORCES TO DEFEND THE TERRITORY OF AFGHANISTAN AND THEY SHALL PARTICIPATE IN NATIONAL ACTIVITIES THROUGH THE HIGH COUNCIL OF THE ARMED FORCES. ARTICLE TWENTY SIX: THE ADMINISTRATION OF AFGHANISTAN IS BASED UPON THE PRINCIPLE OF CENTRALIZATION IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE CAPITAL OF AFGHANISTAN IS THE CITY OF KABUL. CHAPTER FOUR RIGHTS AND OBLIGATIONS OF THE PEOPLE ARTICLE TWENTY SEVEN: ALL THE PEOPLE OF AFGHANISTAN, BOTH WOMEN AND MEN, WITHOUT DISCRIMINATION AND PRIVILEGE, HAVE EQUAL RIGHTS AND OBLIGATIONS BEFORE THE LAW. ARTICLE TWENTY EIGHT: LIBERTY IS THE NATURAL RIGHT OF HUMAN BEINGS, UNLESS IT HARMS OR DAMAGES THE LIBERTY AND DIGNITY OF OTHERS, OR THE BENEFIT AND SECURITY OF THE PUBLIC AND THE NATIONAL INTERESTS. THIS RIGHT SHALL BE REGULATED BY LAW. ARTICLE TWENTY NINE: EVERY AFGHAN WHO ATTAINS THE AGE OF EIGHTEEN HAS THE RIGHT TO VOTE IN ACCORDANCE WITH THE PROVISION OF THE LAW. ARTICLE THIRTY: INNOCENCE IS THE ORIGINAL STATE. THE ACCUSED IS RECOGNIZED TO BE INNOCENT UNLESS FOUND GUILTY BY A FINAL JUDGMENT OF A COMPETENT COURT. NO ONE CAN BE PUNISHED EXCEPT BY THE PROVISIONS OF THE LAW IN FORCE PRIOR TO THE COMMISSION OF THE ACT WITH WHICH THE ACCUSED IS CHARGED. NO ONE CAN BE PURSUED, ARRESTED OR DETAINED EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE THIRTY ONE: CRIME IS A PERSONAL DEED. THE PURSUIT, ARREST OR DETENTION OF THE ACCUSED, AND THE EXECUTION OF A SENTENCE AGAINST HIM, SHALL NOT AFFECT ANY OTHER PERSON. TORTURING, AND IMPOSING PUNISHMENT INCOMPATIBLE WITH HUMAN DIGNITY IS NOT PERMISSIBLE. EVERY PERSON HAS THE RIGHT TO APPOINT DEFENSE COUNSEL FOR THE DEFENSE OF A CHARGE LEGALLY BROUGHT AGAINST HIM. ARTICLE THIRTY TWO: THE INDEBTEDNESS OF ONE PERSON TO ANOTHER PERSON CANNOT CAUSE THE DEPRIVATION, OR LIMITATION, OF THE LIBERTY OF THE DEBTOR. THE METHOD AND MEANS OF RECOVERING DEBTS SHALL BE REGULATED BY LAW. ARTICLE THIRTY THREE: EVERY AFGHAN HAS THE RIGHT TO TRAVEL AND SETTLE ANYWHERE WITHIN THE TERRITORY OF THE COUNTRY, EXCEPT IN AREAS PROHIBITED BY THE LAW. EVERY AFGHAN ALSO HAS THE RIGHT TO TRAVEL ABROAD AND RETURN TO HIS HOMELAND IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE THIRTY FOUR: NO AFGHAN CAN BE SENTENCED TO EXILE WITHIN, OR OUTSIDE OF AFGHANISTAN. NO PERSON SHALL BE SENTENCED SO AS TO FORBID HIM FROM RESIDING AT A GIVEN PLACE, OR FROM MOVING THEREFROM, EXCEPT IN CIRCUMSTANCES PERMITTED BY LAW FOR ENSURING PUBLIC SECURITY AND INTERESTS. NO AFGHAN ACCUSED OF A CRIME SHALL BE EXTRADITED TO A FOREIGN STATE. ARTICLE THIRTY FIVE: THE RESIDENCE OF A PERSON IS INVIOLABLE. NO PERSON, INCLUDING TO STATE, CAN ENTER OR SEARCH A RESIDENCE OF A PERSON WITHOUT THE PERMISSION OF THE RESIDENT, OR A WARRANT OF A COMPETENT COURT, AND EXCEPT IN THE CIRCUMSTANCES AND PROCEDURES SPECIFIED BY THE LAW. IN THE CASE OF A WITNESSED CRIME, THE RESPONSIBLE OFFICIAL CAN ON HIS OWN RESPONSIBILITY, ENTER OR SEARCH A RESIDENCE OF A PERSON WITHOUT THE PERMISSION OF THE RESIDENT OR THE PRIOR PERMISSION OF THE COURT. THE OFFICIAL IS BOUND TO OBTAIN THE ORDER OF THE COURT AFTER SUCH ENTRY OR SEARCH, WITHIN THE TIME THE LAW DETERMINES. ARTICLE THIRTY SIX: PROPERTY IS INVIOLABLE. NO PERSON'S PROPERTY SHALL BE CONFISCATED WITHOUT THE PROVISION OF THE LAW AND THE DECISION OF A COMPETENT COURT. THE EXPROPRIATION OF PRIVATE PROPERTY IS PERMITTED ONLY BY VIRTUE OF THE LAW FOR THE PURPOSE OF ENSURING THE INTERESTS OF THE PUBLIC AND IN EXCHANGE FOR JUST COMPENSATION. NO PERSON SHALL BE PROHIBITED FROM ACQUIRING PROPERTY AND EXERCISING THE RIGHT OF OWNERSHIP THEREIN, EXCEPT WITHIN THE LIMITS OF THE LAW. THE WAYS OF UTILIZING PROPERTY SHALL BE REGULATED AND GUIDED BY THE LAWS FOR THE PURPOSE OF ENSURING THE INTERESTS OF THE PUBLIC. ARTICLE THIRTY SEVEN: FREEDOM AND SECRECY OF COMMUNICATIONS OF PERSONS, WHETHER IN WRITTEN FORM OR BY TELEPHONE AND TELEGRAPH, OR OTHER MEANS, ARE INVIOLABLE. THE STATE DOES NOT HAVE THE RIGHT TO SEARCH COMMUNICATIONS OF PERSONS, EXCEPT BY VIRTUE OF THE PROVISIONS OF THE LAW. IN URGENT CASES WHICH SHALL BE DEFINED BY LAW, THE RESPONSIBLE OFFICIAL, WITHOUT PRIOR PERMISSION OF THE COURT, CAN SEARCH COMMUNICATIONS ON HIS OWN RESPONSIBILITY. THE OFFICIAL IS BOUND TO OBTAIN THE ORDER OF THE COURT, AFTER CARRYING OUT SUCH A SEARCH, WITHIN THE TIME THE LAW DETERMINES. ARTICLE THIRTY EIGHT: FREEDOM OF THOUGHT AND EXPRESSION ARE INVIOLABLE. EVERY AFGHAN HAS THE RIGHT TO EXPRESS HIS THOUGHT THROUGH SPEECH, WRITING, PICTURES, OR SIMILAR MEANS, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. PERMISSION AND THE RIGHT TO ESTABLISH PRINTING HOUSES, AND ISSUE PUBLICATIONS, SHALL BE GRANTED ONLY TO CITIZENS OF AFGHANISTAN IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE ESTABLISHMENT OF LARGE PRINTING HOUSES AND THE ESTABLISHMENT AND OPERATION OF PUBLIC RADIO AND TELEVISION TRANSMITTERS ARE THE EXCLUSIVE RIGHT OF THE STATE. ARTICLE THIRTY NINE: THE CITIZENS OF AFGHANISTAN HAVE THE RIGHT A ASSEMBLE FOR SECURING PERMISSIBLE AND PEACEFUL OBJECTIVES, WITHOUT CARRYING WEAPONS, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE FORTY: FOR THE REFLECTION OF SOCIAL DEMANDS AND FOR THE POLITICAL EDUCATION OF THE PEOPLE OF AFGHANISTAN, UNTIL SUCH TIME AS THIS ASPIRATION IS REALIZED AND ATTAINS ITS NATURAL MATURITY, THE ONE PARTY SYSTEM LED BY THE HEZB-E-ENQELAB-E-MELI (NATIONAL REVOLUTION PARTY), WHICH IS THE FOUNDER AND VANGUARD OF THE POPULAR AND PROGRESSIVE REVOLUTION OF SARATAN 26, OF THE YEAR 1352 OF THE PEOPLE OF AFGHANISTAN, WILL PREVAIL IN THE COUNTRY. ARTICLE FORTY ONE: WORK IS THE RIGHT, HONOR, AND DUTY OF EVERY AFGHAN WHO HAS THE CAPABILITY OF DOING IT. THE MAJOR PURPOSE OF THE LAWS THAT SHALL BE PROMULGATED TO REGULATE WORK IS TO REACH THE STAGE IN WHICH THE RIGHTS AND INTERESTS OF ALL TOILERS, FARMERS, WORKERS, AND TRADES ARE PROTECTED, SUITABLE WORKING CONDITIONS PROVIDED, AND IN WHICH RELATIONS BETWEEN THE WORKER AND THE EMPLOYER ARE REGULATED ON A JUST AND PROGRESSIVE BASIS. THE CHOICE OF WORK AND VOCATION IS FREE, WITHIN THE TERMS DETERMINED BY LAW. ARTICLE FORTY TWO: CITIZENS OF AFGHANISTAN, SHALL BE ADMITTED TO THE SERVICE OF THE STATE ON THE BASIS OF MERIT, AND BY VIRTUE OF THE PROVISIONS OF THE LAW. ARTICLE FORTY THREE: THE IMPOSITION OF FORCED LABOR IS NOT PERMISSIBLE, EVEN FOR THE STATE. THE PROHIBITION OF FORCED LABOR SHALL NOT BAR THE APPLICATION OF THE LAWS THAT SHALL BE PROMULGATED FOR THE REGULATION OF COLLECTIVE ACTIVITY TO SECURE THE PUBLIC INTEREST. ARTICLE FORTY FOUR: EVERY AFGHAN IS BOUND TO PAY TAX AND DUTY TO THE STATE. NO TAX OR DUTY SHALL BE LEVIED WITHOUT THE PROVISION OF THE LAW. THE AMOUNT OF TAX AND DUTY, AND THE METHOD OF THEIR PAYMENT, SHALL BE DETERMINED BY LAW, WITH CONSIDERATION TO SOCIAL JUSTICE. THIS PROVISION SHALL ALSO APPLY TO FOREIGN PERSONS. ARTICLE FORTY FIVE: THE DEFENSE OF THE HOME LAND IS THE SACRED DUTY OF ALL CITIZENS OF AFGHANISTAN. ALL THE CITIZENS OF AFGHANISTAN ARE BOUND TO SERVE UNDER THE FLAG IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE FORTY SIX: ADHERENCE TO THE PROVISIONS OF THE CONSTITUTION, LOYALTY TO THE OBJECTIVES OF THE REVOLUTION OF SARATAN 26, OF THE YEAR 1352 AND TO THE REPUBLICAN ORDER, RESPECT FOR THE PRESIDENT OF THE REPUBLIC, OBEDIENCE TO THE LAWS, OBSERVANCE OF PUBLIC ORDER AND SECURITY, PROTECTION OF THE INTERESTS OF THE HOMELAND, AND PARTICIPATION IN THE NATIONAL LIFE IS THE DUTY OF ALL PEOPLE OF AFGHANISTAN. ARTICLE FORTY SEVEN: NO ONE CAN HARM NATIONAL INDEPENDENCE, TERRITORIAL INTEGRITY, NATIONAL UNITY, AND THE DICTATES OF THE INTERESTS OF THE MAJORITY OF THE PEOPLE, OR THE OBJECTIVES OF THE REVOLUTION OF SARATAN 26, OF THE YEAR 1352, BY THE EXERCISE OF THE RIGHTS AND FREEDOMS EMBODIED IN THIS CONSTITUTION. CHAPTER FIVE THE MELI JIRGA ARTICLE FORTY EIGHT: THE MELI JIRGA OF AFGHANISTAN IS WHERE THE WILL OF THE PEOPLE IS MANIFESTED AND IT REPRESENTS THE WHOLE OF THE NATION. ARTICLE FORTY NINE: MEMBERS OF THE MELI JIRGA, 50 % OF WHOM SHALL BE COMPOSED OF FARMERS AND WORKERS, ARE NOMINATED BY THE PARTY AND SHALL BE ELECTED BY THE PEOPLE IN ACCORDANCE WITH THE PROVISIONS OF THE LAW FOR A PERIOD OF FOUR YEARS THROUGH FREE UNIVERSAL, SECRET AND DIRECT ELECTIONS. FOR THIS PURPOSE, AFGHANISTAN SHALL BE DIVIDED INTO ELECTORAL CONSTITUENCIES. THE NUMBER AND THE SIZE OF THE CONSTITUENCIES SHALL BE DETERMINED BY LAW. ARTICLE FIFTY: THE PROCEDURE AND CONDITIONS OF THE ELECTION OF THE DEPUTIES OF THE MELI JIRGA AND THEIR DUTIES SHALL BE REGULATED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE METHOD OF VERIFICATION OF THE AUTHENTICITY OF THE MEMBERSHIP DOCUMENTS AND ... TIONS TO THE LEGALITY OF THE ELECTION OF A DEPUTY SHALL TAKE PLACE IN ACCORDANCE WITH THE RULES OF PROCEDURE OF THE MELI JIRGA. ARTICLE FIFTY ONE: THE MEMBERSHIP PRIVILEGE OF A DEPUTY SHALL ONLY BE WITHDRAWN BY AGREEMENT OF TWO THIRDS OF THE MEMBERS OF THE MELI JIRGA. ARTICLE FIFTY TWO: THE QUALIFICATIONS FOR VOTERS SHALL BE DETERMINED BY THE ELECTORAL LAW. TO BE ELECTED TO MEMBERSHIP IN THE MELI JIRGA, IN ADDITION TO THE QUALIFICATIONS FOR VOTERS, A PERSON MUST MEET THE FOLLOWING QUALIFICATIONS: 1) HAVE ACQUIRED THE CITIZENSHIP OF THE STATE OF AFGHANISTAN AT LEAST TEN YEARS PRIOR TO THE DATE OF ELECTION. 2) NOT HAVE BEEN PUNISHED BY A COURT WITH DEPRIVATION OF POLITICAL RIGHTS. 3) HAVE ATTAINED THE AGE OF TWENTY FIVE AT THE TIME OF ELECTION. ARTICLE FIFTY THREE: EVERY MEMBER OF THE MELI JIRGA HAS THE RIGHT TO EXPRESS HIS VIEWS WITHIN THE JIRGA ON ANY SUBJECT UNDER DISCUSSION IN ACCORDANCE WITH ITS RULE OF PROCEDURE. ARTICLE FIFTY FOUR: NO MEMBER OF THE MELI JIRGA SHALL BE SUBJECT TO LEGAL PROCEEDINGS FOR EXPRESSING ANY VIEW OR OPINION WHILE DISCHARGING HIS DUTIES. WHENEVER A MEMBER OF THE MELI JIRGA IS ACCUSED OF AN OFFENSE, THE RESPONSIBLE OFFICIAL SHALL NOTIFY THE MELI JIRGA AND AFTER THE MELI JIRGA GRANTS PERMISSION BY A MAJORITY VOTE, LEGAL PROCEEDINGS SHALL BE BROUGHT AGAINST THE ACCUSED. IN THE CASE OF A WITNESSED CRIME, THE RESPONSIBLE OFFICIAL CAN BRING LEGAL PROCEEDINGS AGAINST THE ACCUSED AND ARREST HIM WITHOUT THE PERMISSION OF THE JIRGA. WHENEVER LEGAL PROCEEDINGS REQUIRE DETENTION ACCORDING TO THE LAW, THE RESPONSIBLE OFFICIAL IS BOUND TO NOTIFY IMMEDIATELY THE JIRGA OF THE MATTER, AND WHEN THE JIRGA IS IN RECESS, TO INFORM THE ADMINISTRATIVE BOARD OF THE JIRGA. THE ADMINISTRATIVE BOARD IS BOUND TO NOTIFY THE MELI JIRGA OF THE MATTER AT ITS FIRST SESSION AFTER THE RECESS. ARTICLE FIFTY FIVE: THE GOVERNMENT MAY ATTEND THE MEETINGS OF THE MELI JIRGA. THE MELI JIRGA MAY DEMAND THE PRESENCE OF THE MEMBERS OF THE GOVERNMENT AT ITS MEETINGS AND PUT QUESTIONS TO THEM. DISCUSSIONS AT THE MEETINGS OF THE MELI JIRGA SHALL BE OPEN, UNLESS: THE PRESIDENT OF THE REPUBLIC DECLARES THE MEETING TO BE A CLOSED SESSION; OR THE PRESIDENT OF THE MELI JIRGA, ANY MEMBER OF THE GOVERNMENT OR AT LEAST TEN MEMBERS OF THE MELI JIRGA REQUEST A CLOSED MEETING, PROVIDED THIS REQUEST IS APPROVED BY THE JIRGA. NO ONE SHALL FORCIBLY ENTER THE MEETING PLACE OF THE MELI JIRGA. VIOLATIONS SHALL BE PUNISHED ACCORDING TO THE PROVISIONS OF THE LAW. ARTICLE FIFTY SIX: EXCEPT IN CASES EXPLICITLY PROVIDED IN THIS CONSTITUTION, DECISIONS BY THE MELI JIRGA SHALL BE MADE BY A MAJORITY VOTE OF THE MEMBERS PRESENT. ARTICLE FIFTY SEVEN: THE MELI JIRGA SHALL HOLD ONE ORDINARY SESSION EVERY YEAR FOR FOUR CONSECUTIVE MONTHS BEGINNING ON THE FIRST OF QAUS. ARTICLE FIFTY EIGHT: THE MELI JIRGA, AT THE BEGINNING OF THE LEGISLATIVE TERM, SHALL ELECT ONE OF ITS MEMBERS AS PRESIDENT. THE JIRGA, AT THE BEGINNING OF ITS ANNUAL SESSION, SHALL ELECT FROM AMONGST ITS MEMBERS TWO PERSONS AS FIRST AND SECOND VICE PRESIDENTS AND TWO OTHER PERSONS AS SECRETARY AND ASSISTANT SECRETARY, FOR A PERIOD OF ONE YEAR. THE ABOVE MENTIONED PERSONS SHALL CONSTITUTE THE ADMINISTRATIVE BOARD OF THE MELI JIRGA AND SHOULD BE ELECTED WITHIN A MAXIMUM PERIOD OF FIFTEEN DAYS FROM THE BEGINNING OF THE SESSION. ARTICLE FIFTY NINE: THE MELI JIRGA, IN ACCORDANCE WITH IT RULES OF PROCEDURE, SHALL APPOINT COMMITTEES TO UNDERTAKE DETAILED AND THOROUGH STUDY OF THE SUBJECTS UNDER CONSIDERATION. ARTICLE SIXTY: THE MELI JIRGA SHALL FORMULATE ITS OWN RULES OF PROCEDURE. ARTICLE SIXTY ONE: APPROPRIATE SALARIES SHALL BE FIXED FOR THE MEMBERS OF THE MELI JIRGA IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE SIXTY TWO: TO ORGANIZE THE AFFAIRS OF LIFE OF AFGHANISTAN, THE MELI JIRGA, IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, AFTER STUDYING AND CONSIDERING DRAFT LAWS PROPOSED BY THE GOVERNMENT AND THE JUDICIAL ORGAN, SHALL ADOPT NECESSARY DECISIONS THEREON. THE ADOPTION OF DECISIONS ON THE BUDGET, THE RATIFICATION OF INTERNATIONAL TREATIES, AND THE DISPATCH OF DETACHMENTS OF THE ARMED FORCES OF THE REPUBLICAN STATE OF AFGHANISTAN ABROAD ARE WITHIN THE COMPETENCE OF THE MELI JIRGA. DURING RECESS OR THE DISSOLUTION OF THE MELI JIRGA, THE GOVERNMENT MAY DRAFT AND PREPARE ORDINANCES FOR REGULATING URGENT MATTERS. THESE ORDINANCES SHALL COME INTO FORCE AFTER SIGNATURE AND PROCLAMATION BY THE PRESIDENT OF THE REPUBLIC. THESE ORDINANCES SHALL BE SUBMITTED TO THE MELI JIRGA FOR A DECISION WITHIN THIRTY DAYS FROM ITS FIRST MEETING. ARTICLE SIXTY THREE: A LAW IS A RESOLUTION ENACTED BY THE MELI JIRGA AND SIGNED BY THE PRESIDENT OF THE REPUBLIC. ARTICLE SIXTY FOUR: THERE CAN BE NO LAW REPUGNANT TO THE BASIC PRINCIPLES OF THE SACRED RELIGION OF ISLAM, THE REPUBLICAN ORDER, AND OTHER VALUES EMBODIED IN THE CONSTITUTION. CHAPTER SIX THE LOYA JIRGA ARTICLE SIXTY FIVE: IN AFGHANISTAN, THE LOYA JIRGA IS THE SUPREME MANIFESTATION OF THE POWER AND WILL OF ITS PEOPLE. THE LOYA JIRGA IS COMPOSED OF: THE MEMBERS OF THE MELI JIRGA; THE MEMBERS OF THE CENTRAL COUNCIL OF THE PARTY; THE MEMBERS OF THE GOVERNMENT AND THE HIGH COUNCIL OF THE ARMED FORCES; THE MEMBERS OF THE SUPREME COURT; FIVE TO EIGHT REPRESENTATIVES FROM EACH PROVINCE, AND, THIRTY MEMBERS WHO SHALL BE APPOINTED THROUGH A DECREE OF THE PRESIDENT OF THE REPUBLIC. ARTICLE SIXTY SIX: THE LOYA JIRGA SHALL BE CONVENED IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION THROUGH A DECREE OF THE PRESIDENT OF THE REPUBLIC. THE PRESIDENT OF THE REPUBLIC IS THE CHAIRMAN OF THE LOYA JIRGA. IN THE CASE OF THE DEATH OR RESIGNATION OF THE PRESIDENT OF THE REPUBLIC, THE OFFICE OF THE PRESIDENCY SHALL CONVENE THE LOYA JIRGA WITHIN TWENTY DAYS OF THE DATE OF DEMISE OR RESIGNATION OF THE PRESIDENT. ARTICLE SIXTY SEVEN: THE LOYA JIRGA SHALL BE CONVENED UNDER THE CHAIRMANSHIP OF THE PRESIDENT OF THE REPUBLIC, OR THE VICE CHAIRMAN OF THE LOYA JIRGA, IN THE FOLLOWING CIRCUMSTANCE: 1) THE AMENDMENT OF THE CONSTITUTION. 2) THE ELECTION AND ACCEPTANCE OF THE RESIGNATION OF THE PRESIDENT OF THE REPUBLIC. 3) THE APPROVAL OF DECLARATION OF WART AND ARMISTICE 4) ANY OTHER IMPORTANT EVENT WHICH MAY REQUIRE THE APPROVAL OF THE LOYA JIRGA. ARTICLE SIXTY EIGHT: DURING THE SESSION OF THE LOYA JIRGA, THE PROVISIONS OF ARTICLE FIFTY FOUR OF THIS CONSTITUTION SHALL BE APPLICABLE TO ITS MEMBERS. ARTICLE SIXTY NINE: THE DELIBERATIONS OF THE LOYA JIRGA SHALL BE OPEN UNLESS MORE THAN TWO THIRDS OF THE MEMBERS OF THE GOVERNMENT, OR THE CENTRAL COUNCIL OF THE PARTY, OR THIRTY OF MEMBERS OF THE JIRGA, REQUEST THEIR SECRECY AND THE LOYA JIRGA APPROVES THIS REQUEST. ARTICLE SEVENTY: THE LOYA JIRGA, IN ITS FIRST SITTING AFTER INAUGURATION; SHALL ELECT FROM AMONGST ITS MEMBERS A VICE CHAIRMAN AND TWO SECRETARIES BY A MAJORITY VOTE OF ITS MEMBERS. ARTICLE SEVENTY ONE: EXCEPT IN CASES EXPLICITLY PROVIDED IN THIS CONSTITUTION, DECISIONS OF THE LOYA JIRGA SHALL BE ADOPTED BY A MAJORITY VOTE OF THE MEMBERS PRESENT. ARTICLE SEVENTY TWO: THE PROCEDURE OF THE LOYA JIRGA SHALL BE REGULATED BY LAW, SUBJECT TO THE PROVISIONS OF THIS CONSTITUTION. ARTICLE SEVENTY THREE: THE LOYA JIRGA SHALL HAVE SUCH POWERS AS ARE DETERMINED IN THIS CONSTITUTION. ARTICLE SEVENTY FOUR: IN THE CASE OF THE DISSOLUTION OF THE MELI JIRGA, ITS MEMBERS SHALL RETAIN THEIR STATUS AS MEMBERS OF THE LOYA JIRGA UNTIL A NEW MELI JIRGA IS CONVENED. WHEN THE LOYA JIRGA IS IN SESSION, ALL ITS MEMBERS SHALL ENJOY EQUAL RIGHTS REGARDLESS OF OFFICE, RANK OR DUTY. CHAPTER SEVEN THE PRESIDENT OF THE REPUBLIC ARTICLE SEVENTY FIVE: THE PRESIDENT OF THE REPUBLIC, IS THE HEAD OF THE STATE OF AFGHANISTAN AND SHALL ADMINISTER AND GUIDE, THROUGH THE ORGANS CONCERNED, THOSE FUNCTIONS OF THE EXECUTIVE AND THE PARTY WHICH HAVE BEEN DIRECTLY ENTRUSTED TO HIM IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION AND THE CHARTER OF THE PARTY. ARTICLE SEVENTY SIX: THE PRESIDENT OF THE REPUBLIC, AFTER NOMINATION BY THE PARTY, SHALL BE ELECTED BY THE LOYA JIRGA WITH A TWO THIRDS MAJORITY VOTE OF ITS MEMBERS FOR A TERM OF SIX YEARS. ARTICLE SEVENTY SEVEN: THE PRESIDENT OF THE REPUBLIC MUST BE A CITIZEN OF AFGHANISTAN AND A MUSLIM AND BOTH THE PRESIDENT AND HIS SPOUSE MUST BE BORN OF AFGHAN PARENTS. THE PRESIDENT MUST ENJOY CIVIL AND POLITICAL RIGHTS AND MUST NOT BE UNDER FORTY YEARS OF AGE. ARTICLE SEVENTY EIGHT: THE PRESIDENT OF THE REPUBLIC SHALL HAVE THE FOLLOWING DUTIES: 1) SUPREME COMMAND OF THE ARMED FORCES OF THE COUNTRY. 2) DECLARING WAR AND ARMISTICE WITH THE ADVICE OF THE LOYA JIRGA. IN THE CASE IN WHICH AN IMMEDIATE AND OPEN DANGER THREATENS INDEPENDENCE AND TERRITORIAL INTEGRITY, OR IN OTHER URGENT CIRCUMSTANCES THE PRESIDENT OF THE REPUBLIC MAY ADOPT EXCEPTIONAL DECISIONS, AND CONVENE THE LOYA JIRGA. 3) DECLARING A STATE OF EMERGENCY AND ITS TERMINATION. 4) CONVENING AND INAUGURATING THE LOYA JIRGA. 5) INAUGURATING THE ORDINARY SESSION OF THE MELI JIRGA AND CONVENING AND INAUGURATING ITS EXTRAORDINARY SESSIONS. 6) DISSOLVING THE MELI JIRGA AND DECREEING NEW ELECTIONS. NEW ELECTIONS SHALL BE HELD WITHIN THREE MONTHS FROM THE DATE OF THE DISSOLUTION OF THE MELI JIRGA. 7) CONSOLIDATING NATIONAL UNITY AND UPHOLDING THE INTERESTS OF THE PEOPLE OF AFGHANISTAN. 8) GUIDING AND HARMONIZING THE COUNTRY'S DOMESTIC AND FOREIGN POLICY IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION. 9) COMMUTING AND THE PARDON OF SENTENCES. 10) AWARDING MEDAL IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. 11) APPOINTING THE VICE PRESIDENT OF THE REPUBLIC FROM AMONGST THE MEMBERS OF THE PARTY AND ALSO APPOINTING THE MINISTERS FROM WITHIN AND WITHOUT THE PARTY, AND DISMISSING THEM AND ACCEPTING THEIR RESIGNATION. 12) APPOINTING THE JUSTICES OF THE SUPREME COURT AND THE CHIEF JUSTICE. 13) APPOINTING, RETIRING, ACCEPTING THEIR RESIGNATION, AND DISMISSING JUDGES, OFFICERS OF THE ARMED FORCES AND HIGH RANKING OFFICIALS IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. 14) ACCREDITING HEADS OF AFGHANISTAN'S DIPLOMATIC MISSIONS IN FOREIGN STATES, APPOINTING AFGHANISTAN'S PERMANENT REPRESENTATIVES TO INTERNATIONAL ORGANS AND ACCEPTING THE LETTERS OF CREDENCE OF FOREIGN DIPLOMATIC REPRESENTATIVES. 15) SIGNING LAWS AND ORDINANCES AND PROCLAIMING THEIR ENFORCEMENT: GRANTING CREDENTIALS FOR THE CONCLUSION OF INTERNATIONAL TREATIES IN ACCORDANCE WITH THE PROVISIONS OF THE LAW AND SIGNING INTERNATIONAL TREATIES. ARTICLE SEVENTY NINE: THE PRESIDENT OF THE REPUBLIC MAY HAVE RECOURSE TO A GENERAL VOTE OF THE PEOPLE OF AFGHANISTAN ON IMPORTANT NATIONAL MATTERS. ARTICLE EIGHTY: THE PRESIDENT OF THE REPUBLIC, PRIOR TO ASSUMING OFFICE, SHALL TAKE THE FOLLOWING OATH IN THE PRESENCE OF THE MEMBERS OF THE LOYA JIRGA: 'IN THE PRESENCE OF YOU, THE REPRESENTATIVES OF THE NATION OF AFGHANISTAN, I .............. SWEAR IN THE NAME OF GOD THE ALMIGHTY THAT I WILL PROTECT THE BASIC PRINCIPLES OF THE SACRED RELIGION OF ISLAM AND RESPECT THE CONSTITUTION AND OTHER LAWS OF AFGHANISTAN AND ABIDE BY THEM, WILL PRESERVE NATIONAL INDEPENDENCE, AND TERRITORIAL INTEGRITY, AND WILL DEVOTE ALL MY ENERGY TO THE DEFENSE OF THE RIGHTS AND INTERESTS OF THE PEOPLE AND THE OBJECTIVES OF THE REVOLUTION OF SARATAN 26, OF THE YEAR 1352, AND THE REPUBLIC OF AFGHANISTAN." ARTICLE EIGHTY ONE: EXCEPT IN CASES DEFINED IN ARTICLE THIRTY SIX OF THIS CONSTITUTION, DURING THE TENURE OF HIS OFFICE THE PRESIDENT OF THE REPUBLIC SHALL NOT CONDUCT ANY TRANSACTION. ARTICLE EIGHTY TWO: THE PRESIDENT OF THE REPUBLIC, IN THE EVENT OF HIS ILLNESS OR WHEN TRAVELING, SHALL DEPUTIZE THE VICE PRESIDENT OR VICE PRESIDENTS TO ACT IN HIS STEAD IN ACCORDANCE WITH THE INSTRUCTIONS HE ISSUES. ARTICLE EIGHTY THREE: THE SALARY AND EXPENDITURE OF THE PRESIDENT OF THE REPUBLIC SHALL BE FIXED BY LAW. ARTICLE EIGHTY FOUR: FOR THE ELECTION OF THE PRESIDENT OF THE REPUBLIC, NECESSARY MEASURES MUST BE ADOPTED FORTY FIVE DAYS BEFORE THE END OF THE TERM OF THE PRESIDENCY IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, AND THE CHARTER OF THE PARTY. ARTICLE EIGHTY FIVE: SHOULD THE PRESIDENT OF THE REPUBLIC DECIDE TO RESIGN, HE SHALL CONVENE THE LOYA JIRGA AND SUBMIT HIS RESIGNATION DIRECTLY TO THE LOYA JIRGA. IN CASE THE LOYA JIRGA ACCEPTS THE RESIGNATION, THE ELECTION OF THE NEW PRESIDENT OF THE REPUBLIC SHALL TAKE PLACE IN ACCORDANCE WITH ARTICLE EIGHTY EIGHT OF THIS CONSTITUTION. ARTICLE EIGHTY SIX: IN THE EVENT THE PRESIDENT OF THE REPUBLIC DIES OR RESIGNS, THE PRESIDENTIAL FUNCTIONS SHALL BE ENTRUSTED TEMPORARILY TO THE PRESIDENT OF THE MELI JIRGA. IN SUCH CASES, THE PRESIDENT OF THE MELI JIRGA CANNOT BE NOMINATED AS A CANDIDATE FOR ELECTION TO THE OFFICE OF PRESIDENT. DURING THE TENURE OF OFFICE BY THE PRESIDENT OF THE MELI JIRGA AS ACTING PRESIDENT OF THE REPUBLIC, THIS CONSTITUTION CANNOT BE AMENDED. THE NEW PRESIDENT OF THE REPUBLIC MUST BE ELECTED WITHIN THIRTY DAYS OF THE DATE THE OFFICE OF THE PRESIDENT BECOMES VACANT, IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION. THE ACTING PRESIDENT OF THE REPUBLIC, SUBJECT TO THE PROVISIONS OF THIS ARTICLE, WITH THE AGREEMENT OF THE MEMBERS OF THE GOVERNMENT AND THE CENTRAL COUNCIL OF THE PARTY, MAY UTILIZE THE POWERS EMBODIED IN ARTICLE SEVENTY EIGHT OF THIS CONSTITUTION SHOULD THE OCCURRENCE OF URGENT AND IMPORTANT NATIONAL EVENTS COMPEL TO ACTING PRESIDENT OF THE REPUBLIC TO EXERCISE THE POWERS STIPULATED IN ARTICLE SEVENTY EIGHT OF THIS CONSTITUTION. ARTICLE EIGHTY SEVEN: AN ACCUSATION OF HIGH TREASON AGAINST THE PRESIDENT OF THE REPUBLIC CAN BE REQUESTED BY TWO THIRDS OF THE MEMBERS OF THE MELI JIRGA. AFTER THE AGREEMENT OF THE MEMBERS OF THE CENTRAL COUNCIL OF THE PARTY BY A TWO THIRDS VOTE, SUCH A REQUEST SHALL BE SUBMITTED TO THE LOYA JIRGA. IN THIS CASE THE PRESIDENT OF THE REPUBLIC IS BOUND TO CONVENE THE LOYA JIRGA. THE PRESIDENT OF THE MELI JIRGA SHALL PRESIDE OVER THE MEETING OF THE LOYA JIRGA. SHOULD THE LOYA JIRGA APPROVE THE ASCRIBED ACCUSATION, WITH THE EVIDENCE SUBMITTED THEREON, BY A TWO THIRDS MAJORITY VOTE OF ITS MEMBERS, THE PRESIDENT OF THE REPUBLIC SHALL BE RELIEVED OF HIS OFFICE. THE COMPOSITION OF THE COURT AND THE TRIAL PROCEDURE SHALL BE REGULATED BY A SPECIAL LAW. IN THIS CASE THE PRESIDENTIAL FUNCTIONS SHALL BE ENTRUSTED TEMPORARILY TO THE PRESIDENT OF THE MELI JIRGA. THE ACTING PRESIDENT OF THE REPUBLIC IS SUBJECT TO THE PROVISIONS OF ARTICLE EIGHTY SIX OF THIS CONSTITUTION. CHAPTER EIGHT THE GOVERNMENT ARTICLE EIGHTY EIGHT: THE GOVERNMENT IS THE SUPREME EXECUTIVE AND ADMINISTRATIVE ORGAN OF THE STATE AND CONSISTS OF THE VICE PRESIDENT OR VICE PRESIDENTS OF THE REPUBLIC AND THE MINISTERS, WHO SHALL PERFORM THEIR DUTIES UNDER THE LEADERSHIP OF THE PRESIDENT OF THE REPUBLIC. ARTICLE EIGHTY NINE: THE VICE PRESIDENT OR VICE PRESIDENTS OF THE REPUBLIC AND THE MINISTERS MUST BE CITIZENS OF AFGHANISTAN, MUST ENJOY ALL THEIR CIVIL AND POLITICAL RIGHTS, AND THEY AND THEIR SPOUSE MUST BE BORN OF AFGHAN PARENTS. ARTICLE NINETY: THE VICE PRESIDENT OR VICE PRESIDENTS OF THE REPUBLIC AND THE MINISTERS, PRIOR TO ASSUMING OFFICE, SHALL TAKE THE FOLLOWING OATH IN THE PRESENCE OF THE PRESIDENT OF THE REPUBLIC: 'IN THE NAME OF GOD, THE ALMIGHTY, I SWEAR TO REPRESENT THE CONSTITUTION AND OTHER LAWS OF AFGHANISTAN AND TO ABIDE BY THEM AND TO DEVOTE ALL MY ENERGY TO THE DEFENSE OF NATIONAL RIGHTS AND INTERESTS AND TO PROTECT THE OBJECTIVES OF THE REVOLUTION OF SARATAN 26, 1352, AND THE REPUBLIC OF AFGHANISTAN. ARTICLE NINETY ONE: THE GOVERNMENT SHALL HAVE THE FOLLOWING DUTIES AND POWERS: 1) IMPLEMENTING THE COUNTRY'S DOMESTIC AND FOREIGN POLICY IN ACCORDANCE WITH THE PROVISIONS OF THE LAW AND THE BASIC PRINCIPLES OF THE PARTY. 2) ADMINISTERING, COORDINATING AND SUPERVISING THE AFFAIRS OF THE MINISTRIES AND OTHER DEPARTMENTS AND PUBLIC INSTITUTIONS. 3) RENDERING EXECUTIVE AND ADMINISTRATIVE DECISIONS IN ACCORDANCE WITH LAWS AND DECREES ISSUED AND SUPERVISING THEIR IMPLEMENTATION. 4) DRAFTING LAWS AND FORMULATING REGULATIONS. 5) PREPARING THE STATE BUDGET AND ADOPTING MEASURES TO STRENGTHEN THE ECONOMY AND THE MONETARY AND FINANCIAL SYSTEM. 6) DRAFTING THE DEVELOPMENT PLANS OF THE STATE AND ADOPTING MEASURES FOR THEIR IMPLEMENTATION AND EXECUTION. 7) DISCUSSING AND NEGOTIATING FOR THE PURPOSE OF OBTAINING OR GRANTING DOMESTIC OR FOREIGN LOANS. 8) ADOPTING MEASURES TO ENSURE PUBLIC ORDER AND SECURITY. 9) ADOPTING NECESSARY AND EFFECTIVE MEASURES TO ERADICATE ALL FORMS OF ADMINISTRATIVE CORRUPTION IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. 10) CONCLUDING AGREEMENTS WITH FOREIGN COUNTRIES AND ORGANIZATIONS IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. 11) PERFORMING THE DUTIES ENTRUSTED TO THE GOVERNMENT BY THIS CONSTITUTION. ARTICLE NINETY TWO: THE GOVERNMENT SHALL PROMULGATE REGULATIONS TO ORGANIZE ITS AFFAIRS ON THE BASIS OF THE LAW. THESE REGULATIONS CANNOT BE REPUGNANT TO THE LETTER OR THE SPIRIT OF THE LAW. ARTICLE NINETY THREE: EXCEPT IN CASES DEFINED IN ARTICLE THIRTY SIX OF THIS CONSTITUTION, THE, VICE PRESIDENT OR VICE PRESIDENTS OF THE REPUBLIC AND THE MINISTERS, DURING THEIR TENURE, SHALL NOT CONDUCT ANY TRANSACTION FOR PROFIT WITH THE STATE. ARTICLE NINETY FOUR: THE VICE PRESIDENT OR VICE PRESIDENT OF THE REPUBLIC SHALL BE RESPONSIBLE TO THE PRESIDENT OF THE REPUBLIC, THE CENTRAL COUNCIL OF THE PARTY AND THE MELI JIRGA IN RESPECT TO THE PERFORMANCE OF THEIR DUTIES. ARTICLE NINETY FIVE: AN ACCUSATION OF OFFENSE AGAINST THE VICE PRESIDENT OR VICE PRESIDENTS OR AGAINST ANY OF THE MINISTERS CAN BE REQUESTED BY ONE THIRD OF THE MEMBERS OF THE MELI JIRGA. SUCH A REQUEST CAN BE APPROVED ONLY BY A TWO THIRDS MAJORITY VOTE OF THE MEMBERS OF THE MELI JIRGA. THE ACCUSED SHALL BE REMOVED FROM OFFICE AFTER SUCH AN APPROVAL. THE TRIAL OF THE ACCUSED SHALL BE CONDUCTED BEFORE A SPECIAL COURT. THE COMPOSITION OF THE COURT AND ITS TRIAL PROCEDURE AND THE PUNISHMENT SHALL BE REGULATE SEPARATELY BY A SPECIAL LAW. CHAPTER NINE THE JUDICIARY ARTICLE NINETY SIX: THE JUDICIAL POWER IS AN ORGAN OF THE STATE AND CONSISTS OF THE SUPREME COURT AND OTHER COURTS THE NUMBER OF WHICH SHALL BE DETERMINED BY LAW. THE MAIN OBJECTIVE OF THE LAWS SHALL BE THE UNIFORMITY OF JUDICIAL PRACTICE AND THE REGULATION OF THE ORGANIZATION AND JURISDICTION OF THE COURTS AND TRIAL PROCEDURE. ARTICLE NINETY SEVEN: IT IS WITHIN THE JURISDICTION OF THE JUDICIARY TO ADJUDICATE IN ALL LITIGATIONS WHICH ARE BROUGHT BEFORE IT IN ACCORDING TO THE PROVISIONS OF THE LAW, AND IN WHICH REAL OR LEGAL PERSONS, INCLUDING THE STATE, ARE INVOLVED EITHER AS PLAINTIFF OR DEFENDANT. ARTICLE NINETY EIGHT: UNDER NO CIRCUMSTANCES EXCEPT WAR SHALL A CASE OR SPHERE OF COMPETENCE BE EXCLUDED FROM THE JURISDICTION OF THE JUDICIAL POWER OF THE STATE, AS DEFINED IN THIS CHAPTER, AND BE ASSIGNED TO OTHER AUTHORITIES. THIS PROVISION SHALL NOT PREVENT THE ESTABLISHMENT OF MILITARY COURTS; BUT THE JURISDICTION OF THESE COURTS SHALL BE CONFINED TO OFFENSES RELATING TO THE ARMED FORCES OF AFGHANISTAN. THE ORGANIZATION AND JURISDICTION OF THE MILITARY COURTS SHALL BE REGULATED BY LAW. ARTICLE NINETY NINE: THE COURTS, IN CASES UNDER THEIR CONSIDERATION, SHALL APPLY THE PROVISIONS OF THIS CONSTITUTION AND THE LAWS OF THE STATE. WHENEVER NO PROVISION EXISTS IN THE CONSTITUTION OR IN THE LAWS OF THE STATE FOR A CASE OR CASES UNDER CONSIDERATION, THE COURTS, BY FOLLOWING THE BASIC PRINCIPLES OF THE HANAFI JURISPRUDENCE OR THE SHARIAT OF ISLAM AND WITHIN THE LIMITATIONS SET FORTH IN THIS CONSTITUTION, SHALL RENDER A JUDGMENT THAT IN THEIR OPINION SECURES JUSTICE IN THE BEST POSSIBLE WAY. ARTICLE ONE HUNDRED: THE JUDGES SHALL BE APPOINTED BY THE PRESIDENT OF THE REPUBLIC UPON THE RECOMMENDATION OF THE CHIEF JUSTICE. ARTICLE ONE HUNDRED AND ONE: THE DISMISSAL OF JUDGES ON THE GROUND OF COMMITTING AN OFFENSE SHALL BE DONE WITH THE APPROVAL OF THE PRESIDENT OF THE REPUBLIC UPON RECOMMENDATION OF THE SUPREME COURT. WHENEVER A JUDGE IS ACCUSED OF COMMITTING AN OFFENSE, THE SUPREME COURT SHALL CONSIDER THE CASE OF THE JUDGE ACCORDING TO THE PROVISIONS OF THE LAW AND AFTER HEARING HIS DEFENSE, SHOULD THE SUPREME COURT FIND THE ACCUSATION TO BE SUSTAINED, IT WILL RECOMMEND HIS DISMISSAL TO THE PRESIDENT OF THE REPUBLIC; WITH ITS APPROVAL BY THE PRESIDENT OF THE REPUBLIC, THE JUDGE SHALL BE DISMISSED FROM OFFICE AND BE PUNISHED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE ONE HUNDRED AND TWO: THE TRANSFER, PROMOTION, RETIREMENT, ACCEPTANCE OF THE RESIGNATION AND THE CALLING TO ACCOUNT OF THE JUDGES SHALL BE DONE BY THE SUPREME COURT IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE ONE HUNDRED AND THREE: APPROPRIATE SALARIES FOR THE JUDGES SHALL BE FIXED BY LAW. ARTICLE ONE HUNDRED AND FOUR: EXCEPT IN CASES DEFINED IN ARTICLE THIRTY SEVEN OF THIS CONSTITUTION, DURING THE TENURE OF THEIR OFFICE, THE MEMBERS OF THE SUPREME COURT AND THE CHIEF JUSTICE CANNOT CONDUCT ANY TRANSACTION FOR PROFIT WITH THE STATE. ARTICLE ONE HUNDRED AND FIVE: IN THE COURTS OF AFGHANISTAN TRIALS SHALL BE HELD OPENLY, AND EVERYONE HAS THE RIGHT TO ATTEND IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE ENFORCEMENT OF FINAL DECISIONS OF THE COURTS IS OBLIGATORY, EXCEPT IN THE CASE OF DEATH SENTENCE IN WHICH INSTANCE THE EXECUTIVE OF THE JUDGMENT OF THE HIGHEST COURT SHALL BE SUBJECT TO THE ENDORSEMENT OF THE PRESIDENT OF THE REPUBLIC. THE COURTS ARE BOUND TO STATE THE REASONS FOR THEIR DECISIONS IN THE JUDGMENTS THAT THEY PASS. ARTICLE ONE HUNDRED AND SIX: THE DETECTION OF CRIMES BY THE POLICE, AND THE INVESTIGATION, PURSUIT, AND PROSECUTION THEREOF BY THE ATTORNEY GENERAL,WHO ARE PART OF THE EXECUTIVE ORGAN, SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE DETECTION AND INVESTIGATION OF CRIMES RELATING TO THE ARMED FORCES OF AFGHANISTAN SHALL BE REGULATED BY SPECIAL LAW. ARTICLE ONE HUNDRED AND SEVEN: THE SUPREME COURT IS COMPOSED OF NINE JUSTICES WHO SHALL BE APPOINTED BY THE PRESIDENT OF THE REPUBLIC. A MEMBER OF THE SUPREME COURT MUST POSSESS THE FOLLOWING QUALIFICATIONS: 1) HAVE ATTAINED THE AGE OF THIRTY FIVE. 2) HAVE ACQUIRED THE CITIZENSHIP OF THE STATE OF AFGHANISTAN AT LEAST TEN YEARS PRIOR TO THE DATE OF APPOINTMENT. 3) NOT HAVE BEEN SENTENCED BY A COURT WITH DEPRIVATION OF POLITICAL RIGHTS. 4) HAVE SUFFICIENT KNOWLEDGE OF NATIONAL OBJECTIVES, LEGAL SCIENCE AND THE LEGAL SYSTEM OF AFGHANISTAN. THE PRESIDENT OF THE REPUBLIC SHALL APPOINT ONE OF THE MEMBERS OF THE SUPREME COURT, WHO MUST NOT BE UNDER FORTY YEARS OF AGE, AS THE CHIEF JUSTICE. THE PRESIDENT OF THE REPUBLIC CAN REVIEW THE APPOINTMENT OF THE MEMBERS OF THE SUPREME COURT AND THE CHIEF JUSTICE AFTER FIVE YEARS OF THEIR APPOINTMENT TO THE SAID OFFICES. SUBJECT TO THIS PROVISION, THE MEMBERS OF THE SUPREME COURT AND THE CHIEF JUSTICE SHALL NOT BE REMOVED FROM THEIR OFFICES BY ANY OTHER MEANS EXCEPT IN THE CASE OF ARTICLE ONE HUNDRED AND ELEVEN OF THIS CONSTITUTION. ARTICLE ONE HUNDRED AND EIGHT: THE MEMBERS OF THE SUPREME COURT AND THE CHIEF JUSTICE, BEFORE ASSUMING OFFICE, SHALL TAKE THE FOLLOWING OATH IN THE PRESENCE OF THE PRESIDENT OF THE REPUBLIC: 'IN THE NAME OF GOD, THE ALMIGHTY, I SWEAR TO DISCHARGE MY JUDICIAL DUTIES WITH UTMOST HONESTY AND INTEGRITY; TO SECURE TRUTH AND JUSTICE WITH REGARD FOR THE BASIC PRINCIPLES OF THE SACRED RELIGION OF ISLAM, AND OTHER PROVISIONS AND VALUES EMBODIED IN THE CONSTITUTION OF THE REPUBLIC OF AFGHANISTAN; TO BE CONSCIOUS OF THE OMNIPRESENCE OF THE ALMIGHTY IN THE PERFORMANCE OF ALL MY DUTIES AND TO PROTECT THE RIGHTS OF THE PEOPLE AND THE HOMELAND IN THE INTEREST OF JUSTICE.' ARTICLE ONE HUNDRED AND NINE: EXCEPT IN THE CASE DEFINED IN ARTICLE ONE HUNDRED ELEVEN OF THIS CONSTITUTION, THE MEMBERS OF THE SUPREME COURT AND THE CHIEF JUSTICE, AFTER THEIR TERM OF SERVICE, LEGALLY EXPIRES, SHALL ENJOY FOR THE REST OF THEIR LIVES ALL THE FINANCIAL PRIVILEGES OF THEIR TERM OF SERVICE. ARTICLE ONE HUNDRED AND TEN: EVERY MEMBER OF THE SUPREME COURT AND THE CHIEF JUSTICE MAY RESIGN ACCORDING TO THE PROVISIONS OF THE LAW. THE RESIGNATION OF THE MEMBERS OF THE SUPREME COURT AND THE CHIEF JUSTICE SHALL BECOME EFFECTIVE FROM THE DATE OF ITS APPROVAL BY THE PRESIDENT OF THE REPUBLIC. THE CHIEF JUSTICE OR THE MEMBER OF THE SUPREME COURT WHO HAS RESIGNED, CANNOT BENEFIT FROM THE FINANCIAL PRIVILEGE EMBODIED IN ARTICLE ONE HUNDRED AND NINE OF THIS CONSTITUTION. THE RESTRICTIONS MENTIONED IN THE LAST SECTION OF ARTICLE ONE HUNDRED AND NINE SHALL BE APPLICABLE TO THE MEMBER OF THE SUPREME COURT OR THE CHIEF JUSTICE WHO HAS RESIGNED. ARTICLE ONE HUNDRED AND ELEVEN: SHOULD ONE THIRD OF THE MEMBERS OF THE MELI JIRGA REQUEST THE IMPEACHMENT OF THE CHIEF JUSTICE OR OF ONE OR MORE OF THE MEMBERS OF THE SUPREME COURT ON A CHARGE OF AN OFFENSE ARISING FROM THE PERFORMANCE OF HIS DUTIES, AND SHOULD THE MELI JIRGA APPROVE THIS REQUEST BY A MAJORITY OF TWO THIRDS OF ITS MEMBERS, THE ACCUSED SHALL BE RELIEVED OF HIS OFFICE. THE MELI JIRGA SHALL APPOINT ONE OF ITS MEMBERS TO FILE A SUIT AND SHALL APPOINT A PANEL OF EIGHT PERSONS TO ACT AS TRIBUNAL. THIS PANEL, PRESIDED OVER BY THE PRESIDENT OF THE MELI JIRGA, SHALL TRY THE ACCUSED IN ACCORDANCE WITH THE PROCEDURE OF A CRIMINAL COURT AND, IF PROVED GUILTY, THE ACCUSED SHALL BE DISMISSED FROM OFFICE AND SENTENCED TO PUNISHMENT. ARTICLE ONE HUNDRED AND TWELVE: THE SUPREME COURT SHALL REGULATE THE ORGANIZATION AND FUNCTIONS OF THE COURTS AND THE JUDICIAL AFFAIRS OF THE STATE IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION AND THE LAWS. EXCEPT IN CASES DEFINED IN THIS CONSTITUTION, THE JUDICIAL AND ADMINISTRATIVE JURISDICTION OF THE SUPREME COURT SHALL BE REGULATED BY LAW. THE SUPREME COURT SHALL ADOPT NECESSARY MEASURES TO ORGANIZE THE ADMINISTRATIVE AFFAIRS OF THE COURTS. THE BUDGET OF THE JUDICIAL ORGAN SHALL BE PREPARED BY THE CHIEF JUSTICE IN CONSULTATION WITH THE GOVERNMENT AND SHALL BE SUBMITTED BY THE GOVERNMENT TO THE MELI JIRGA AS A PART OF THE STATE BUDGET. THE IMPLEMENTATION OF THE JUDICIARY BUDGET SHALL BE WITHIN THE JURISDICTION OF THE SUPREME COURT. THE SUPREME COURT MAY DRAFT LAWS IN THE SPHERE OF ORGANIZING THE JUDICIAL AFFAIRS AND SUBMIT THEM TO THE MELI JIRGA IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE SIXTY TWO OF THIS CONSTITUTION. ARTICLE ONE HUNDRED AND THIRTEEN: THE PROVISIONS OF THE LAWS CONCERNING CIVIL SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES OF THE STATE SHALL BE APPLICABLE TO THE CIVIL SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES OF THE JUDICIARY ORGAN; BUT THEIR APPOINTMENT, PROMOTION, THE ACCEPTANCE OF THEIR RESIGNATIONS, THEIR CALLING TO ACCOUNT AND RETIREMENT SHALL BE ADMINISTERED BY THE SUPREME COURT. CHAPTER TEN EMERGENCY ARTICLE ONE HUNDRED AND FOURTEEN: WHENEVER WAR, THE DANGER OF WAR, REBELLION OR ANY SIMILAR SITUATION WHICH MAY THREATEN THE COUNTRY, DISRUPTS THE PRESERVATION OF INDEPENDENCE, NATIONAL LIFE, OR SECURITY IN SUCH A WAY AS TO RENDER THEM IMPOSSIBLE TO SECURE THROUGH THE CHANNEL PROVIDED FOR IN THIS CONSTITUTION, A STATE OF EMERGENCY SHALL BE DECLARED BY THE PRESIDENT OF THE REPUBLIC. SHOULD THE STATE OF EMERGENCY CONTINUE FOR MORE THAN FOUR MONTH, THE AGREEMENT OF THE MELI JIRGA IS IMPERATIVE FOR ITS EXTENSION. ARTICLE ONE HUNDRED AND FIFTEEN: IN A STATE OF EMERGENCY, THE PRESIDENT OF THE REPUBLIC MAY TRANSFER ALL OR PART OF THE POWERS OF THE MELI JIRGA TO THE GOVERNMENT. ARTICLE ONE HUNDRED AND SIXTEEN: IN A STATE OF EMERGENCY THE PRESIDENT OF THE REPUBLIC, SUBJECT TO THE PROVISIONS OF ARTICLE NINETY EIGHT OF THIS CONSTITUTION, MAY TRANSFER A PART OF THE JURISDICTION OF THE JUDICIARY TO MILITARY COURTS. ARTICLE ONE HUNDRED AND SEVENTEEN: IN A STATE OF EMERGENCY THE GOVERNMENT, WITH THE AGREEMENT OF THE SUPREME COURT MAY, BY PRESIDENTIAL DECREE, SUSPEND OR IMPOSE RESTRICTION UPON THE FOLLOWING PROVISIONS OF THE CONSTITUTION: 1) THE PROVISIONS OF SECTION FIVE OF ARTICLE THIRTY; 2) THE PROVISIONS OF SECTION ONE OF ARTICLE THIRTY FIVE; 3) THE PROVISIONS OF SECTIONS THREE AND FOUR OF ARTICLE THIRTY SIX; 4) THE PROVISIONS OF SECTION TWO OF ARTICLE THIRTY SEVEN; AND, 5) THE PROVISIONS OF ARTICLE THIRTY NINE. ARTICLE ONE HUNDRED AND EIGHTEEN: IN A STATE OF EMERGENCY THE PRESIDENT OF THE REPUBLIC MAY TRANSFER THE CAPITAL OF AFGHANISTAN TO A PLACE OTHER THAN THE CITY OF KABUL. ARTICLE ONE HUNDRED AND NINETEEN: SHOULD THE TERM OF OFFICE OF THE MEMBERS OF THE MELI JIRGA COME TO AN END DURING A STATE OF EMERGENCY, THE PRESIDENT OF THE REPUBLIC MAY POSTPONE THE HOLDING OF NEW ELECTIONS AND EXTEND THE TERM OF OFFICE OF THE MEMBERS OF THE MELI JIRGA UNTIL THE STATE OF EMERGENCY IS OVER. ELECTIONS SHALL BE HELD IMMEDIATELY AFTER THE TERMINATION OF THE STATE OF EMERGENCY. ARTICLE ONE HUNDRED AND TWENTY: IN A STATE OF EMERGENCY THE CONSTITUTION SHALL NOT BE AMENDED. CHAPTER ELEVEN AMENDMENT ARTICLE ONE HUNDRED AND TWENTY ONE: THE PRINCIPLE OF ADHERENCE TO THE BASIC PRINCIPLES OF ISLAM, AND THE REPUBLICAN ORDER, IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, SHALL NOT BE AMENDED. AMENDING OTHER PROVISIONS OF THE CONSTITUTION, IN VIEW OF EXPERIENCE AND THE REQUIREMENTS OF THE TIME, SHALL TAKE PLACE IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER ON THE PROPOSAL OF THE GOVERNMENT, OR OF THE CENTRAL COUNCIL OF THE PARTY, OR OF ONE THIRD OF THE MELI JIRGA. ARTICLE ONE HUNDRED AND TWENTY TWO: THE PROPOSAL FOR AMENDMENT SHALL BE CONSIDERED BY THE LOYA JIRGA AND SHOULD A MAJORITY OF ITS MEMBERS APPROVE THE NECESSITY OF AMENDMENT, THE JIRGA SHALL APPOINT FROM AMONGST ITS MEMBERS A COMMITTEE TO PREPARE THE DRAFT AMENDMENT. THIS COMMITTEE SHALL DRAFT THE AMENDMENT IN CONSULTATION WITH THE GOVERNMENT AND THE SUPREME COURT AND SUBMIT IT TO THE LOYA JIRGA. SHOULD THE DRAFT AMENDMENT BE APPROVED BY A MAJORITY OF THE MEMBERS OF THE LOYA JIRGA, IT SHALL COME INTO FORCE AFTER SIGNATURE AND PROCLAMATION BY THE PRESIDENT OF THE REPUBLIC. CHAPTER TWELVE TRANSITIONAL PROVISIONS ARTICLE ONE HUNDRED AND TWENTY THREE: WITH THE ENFORCEMENT OF THE CONSTITUTION THE PRESIDENT OF THE REPUBLIC SHALL ISSUE A DECREE THEREBY DISSOLVING THE GOVERNMENT AND HE SHALL FORM A NEW GOVERNMENT IN CONFORMITY WITH THE SPIRIT OF THIS CONSTITUTION OF THE REPUBLICAN STATE. ARTICLE ONE HUNDRED AND TWENTY FOUR: THE PRESIDENT OF THE REPUBLIC SHALL CONVENE THE MELI JIRGA, I ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, ON THE FIRST OF QAWS, 1358, AH. THE PERIOD BETWEEN THE ENFORCEMENT OF THIS CONSTITUTION AND THE INAUGURATION OF THE MELI JIRGA SHALL BE CONSIDERED THE TRANSITIONAL PERIOD. DURING THE TRANSITIONAL PERIOD THE POWERS OF THE MELI JIRGA SHALL BELONG TO THE GOVERNMENT. ARTICLE ONE HUNDRED AND TWENTY FIVE: WHENEVER DURING THE TRANSITIONAL PERIOD ANY SITUATION SHOULD ARISE WHICH, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE SIXTY SEVEN OF THIS CONSTITUTION, REQUIRES THE CONVENING OF THE LOYA JIRGA, THE PRESIDENT OF THE REPUBLIC SHALL ISSUE A PROCLAMATION CONVENING THE LOYA JIRGA. IN THESE CIRCUMSTANCES THE RESIDENT OF THE REPUBLIC SHALL HAVE ALL THE POWERS OF THE LOYA JIRGA UNTIL IT IS CONVENED. IMMEDIATELY AFTER THE INAUGURATION OF THE LOYA JIRGA, THE PRESIDENT OF THE REPUBLIC SHALL INFORM THE LOYA JIRGA OF THE ACTIONS TAKEN IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, AND THE LOYA JIRGA SHALL ADOPT DECISIONS THEREON. IF DURING THE OCCURRENCE OF ANY OF THE ABOVE MENTIONED CIRCUMSTANCES, THE CENTRAL COUNCIL OF THE PARTY OR THE HIGH COUNCIL OF THE ARMED FORCES OR THE SUPREME COURT IS NOT CONSTITUTED IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, THE LOYA JIRGA SHALL BE CONVENED IN THE TRADITIONAL MANNER. ARTICLE ONE HUNDRED AND TWENTY SIX: THE PRESIDENT OF THE REPUBLIC, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE ONE HUNDRED AND SEVEN OF THIS CONSTITUTION, SHALL PROCLAIM THE ESTABLISHMENT OF THE SUPREME COURT ON THE FIRST OF SARATAN, 1357 AH. DURING THE PERIOD BETWEEN THE ENFORCEMENT OF THIS CONSTITUTION AND THE ESTABLISHMENT OF THE SUPREME COURT, THE PRESIDENT OF THE REPUBLIC SHALL ADOPT NECESSARY MEASURES TO ENSURE THE PERFORMANCE OF THE FUNCTIONS OF THE SUPREME COURT. ARTICLE ONE HUNDRED AND TWENTY SEVEN: ORDINANCES ENFORCED DURING THE TRANSITIONAL PERIOD SHALL BE PRESENTED FOR DECISION TO THE FIRST SESSION OF THE MELI JIRGA WITHIN THIRTY DAYS OF ITS CONVENING. ARTICLE ONE HUNDRED AND TWENTY EIGHT: DURING THE TRANSITIONAL PERIOD THE GOVERNMENT HAS THE DUTY TO PREPARE ORDINANCES RELATING TO THE MELI JIRGA ELECTIONS, THE PRESS, ASSEMBLY AND THE BASIC ORGANIZATION OF THE STATE, AND TO SUBMIT THEM FOR SIGNATURE BY THE PRESIDENT OF THE REPUBLIC. ARTICLE ONE HUNDRED AND TWENTY NINE: DURING THE TRANSITIONAL PERIOD THE GOVERNMENT SHALL ADOPT NECESSARY MEASURES TO COORDINATE THE PERFORMANCE, AND THE IMPLEMENTATION AND EXECUTION OF THE PROGRAM OF THE STATE IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION. ARTICLE ONE HUNDRED AND THIRTY: DURING THE TRANSITIONAL PERIOD THE PRESIDENT OF THE REPUBLIC SHALL ENFORCE AND PROCLAIM IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE FORTY OF THIS CONSTITUTION THE CHARTER OF HEZB-E-ENQELAB-E-MELI, WHICH IS THE FOUNDER AND VANGUARD OF THE NATIONAL AND PROGRESSIVE REVOLUTION OF SARATAN 26, OF THE YEAR 1352 OF THE PEOPLE OF AFGHANISTAN, AS THE FIRST PARTY. ARTICLE ONE HUNDRED AND THIRTY ONE: DURING THE TRANSITION PERIOD THE PRESIDENT OF THE REPUBLIC SHALL ESTABLISH AND PROCLAIM THE HIGH COUNCIL OF THE ARMED FORCES. ARTICLE ONE HUNDRED AND THIRTY TWO: DURING THE TRANSITIONAL PERIOD, THE PRESIDENT OF THE REPUBLIC HAS THE POWER TO ANTICIPATE BY DECREE, THE FORMATION OF AN INTERIM COUNCIL OF THE OFFICE OF THE PRESIDENCY, FOR THE PERFORMANCE OF THE FUNCTIONS OF THE PRESIDENT IN THE EVENT OF HIS DEATH. THE INTERIM COUNCIL OF THE OFFICE OF THE PRESIDENCY IS BOUND TO CONVENE THE LOYA JIRGA IN THE TRADITIONAL MANNER, FOR THE ELECTION OF THE NEW PRESIDENT OF THE REPUBLIC WITHIN TEN DAYS FROM THE DATE OF DEMISE. CHAPTER THIRTEEN GENERAL PROVISIONS ARTICLE ONE HUNDRED AND THIRTY THREE: THE FIRST LOYA JIRGA TO BE CONVENED UNDER THE REPUBLICAN ORDER ON THE 10TH OF DALW 1355 AH IN KABUL, THE CAPITAL OF AFGHANISTAN, SHALL ELECT WITH A TWO THIRDS MAJORITY VOTE OF ITS MEMBERS THE FIRST PRESIDENT OF THE REPUBLIC OF AFGHANISTAN FOR A TERM OF SIX YEARS. ARTICLE ONE HUNDRED AND THIRTY FOUR: OFFERS OF THE ARMED FORCES, THE POLICE, AND THE OFFICIALS OF THE MINISTRY FOR FOREIGN AFFAIRS, THEMSELVES AND THEIR SPOUSES MUST BE BORN OF AFGHAN PARENTS. ARTICLE ONE HUNDRED AND THIRTY FIVE: THE COMPETENT AUTHORITY FOR THE INTERPRETATION OF THIS CONSTITUTION SHALL BE THE SUPREME CURT. ARTICLE ONE HUNDRED AND THIRTY SIX: WITH THE ENFORCEMENT OF THIS CONSTITUTION, THE FORMER CONSTITUTION AND REPUBLICAN DECREES NUMBER ONE, TWO AND THREE, DATED ASSAD 4, 1352 SHALL BE ABROGATED, THE PROVISIONS OF THE LAWS ISSUED PRIOR TO THE ENFORCEMENT OF THIS CONSTITUTION SHALL BE EFFECTIVE PROVIDED THEY ARE NOT REPUGNANT TO THE PROVISIONS AND VALUES OF THIS CONSTITUTION. THE CONSTITUTION OF AFGHANISTAN 1977 THE CONSTITUTION OF THE REPUBLICAN STATE OF AFGHANISTAN PROMULGATION BY THE PRESIDENT OF THE REPUBLIC OF AFGHANISTAN IN THE NAME OF ALMIGHTY GOD, DESIROUS OF THE PROSPERITY OF THE NOBLE PEOPLE OF AFGHANISTAN; I MOHAMMAD DAUD, THE FIRST PRESIDENT OF THE REPUBLIC OF AFGHANISTAN, PURSUANT TO THE MANDATE UNANIMOUSLY CONFERRED UPON ME BY THE REPRESENTATIVES OF THE FIRST LOYA JIRGA OF THE REPUBLICAN STATE ON THE BASIS OF ITS DECISION OF DALW 25TH, 1355 AH, THIS DAY, THURSDAY, HOOT 5, 1355, IN KABUL, CAPITAL OF AFGHANISTAN, SIGN THIS CONSTITUTION AND PROCLAIM ITS ENFORCEMENT. MOHAMMAD DAUD FIRST PRESIDENT OF THE REPUBLICAN STATE OF AFGHANISTAN HOOT 5TH 1355 AH IN THE NAME OF ALLAH THE COMPASSIONATE, THE MERCIFUL PREAMBLE WHEREAS NATIONS AND SOCIETIES IN THE COURSE OF HISTORY ARE IN A STATE OF CONSTANT TRANSFORMATION AND EVOLUTION; AND, WHEREAS THIS REALITY HAS BEEN EVIDENT THROUGHOUT THE COURSE OF OUR HISTORY AS A PART OF THE HUMAN SOCIETY, THEREFORE: TO SECURE AN HONORABLE EXISTENCE FOUNDED ON THE FIRM PILLARS OF JUSTICE AND COMPETENCE AND ABOUNDING IN PROSPERITY, WELFARE AND CONFIDENCE; TO SECURE THE, SACRED NATIONAL, SOCIAL, ECONOMIC, POLITICAL AND CULTURAL ASPIRATION OF THE REVOLUTION OF SARATAN 26, OF THE YEAR 1352; TO STRENGTHEN AND CONSOLIDATE, EVER INCREASINGLY, NATIONAL UNITY, SECURITY, AND SOLIDARITY AND TO ENSURE SOCIAL JUSTICE AND TO ELIMINATE CONTRADICTIONS IN A POSITIVE AND PROGRESSIVE MANNER, IN ACCORDANCE WITH THE REALITIES OF HISTORY, NATIONAL CULTURE, AND THE OBJECTIVE AND SUBJECTIVE CONDITIONS PREVAILING IN OUR SOCIETY; TO RESPECT PROFOUNDLY THE GLORIOUS HISTORY AND THE PAST GRANDEUR OF THE PEOPLE OF OUR COUNTRY, AND THEIR PERSISTENT STRUGGLE FOR THE PRESERVATION OF NATIONAL IDENTITY, THE COUNTRIES'S INDEPENDENCE, AND TO FULFILL THEIR HISTORIC AND HUMAN MISSION: WITH TRUST IN ALMIGHTY GOD, AND ADHERING TO THE BASIC PRINCIPLES OF THE SACRED RELIGION OF ISLAM, AND ULTIMATELY IN ORDER TO ACHIEVE ALL THESE AIMS AND OBJECTIVES, WE THE PEOPLE OF AFGHANISTAN, REALIZING THE CONDITIONS AND REQUIREMENTS OF TIME, HAVE RESOLVED TO CONSOLIDATE OUR NATIONAL LIFE ON THE BASIS OF LIBERTY, PROGRESS, TRUTH, JUSTICE AND PEACE BASED ON THE PRINCIPLES OF BROTHERHOOD AND EQUALITY, AND TO FOUND THE PHILOSOPHY OF LIFE AND THE DESTINY OF THE PRESENT AND FUTURE GENERATIONS OF THE COUNTRY IN ACCORDANCE WITH THE FUNDAMENTAL AND ECONOMIC OBJECTIVES OF AFGHANISTAN'S NATIONAL AND PROGRESSIVE REVOLUTION OF SARATAN 26, OF THE YEAR 1352. WITH THE REALIZATION OF THESE FACTS, WE HAVE ENACTED THIS NATIONAL DOCUMENT AS THE CONSTITUTION OF OUR REPUBLICAN STATE IN ORDER TO SECURE THE PROSPERITY, THE WELFARE AND THE SPIRITUAL AND MATERIAL ADVANCEMENT OF THE NOBLE PEOPLE OF AFGHANISTAN, FOR OURSELVES AND FOR THE GUIDANCE OF FUTURE GENERATIONS. IN THE NAME OF ALLAH, THE COMPASSIONATE, THE MERCIFUL CHAPTER ONE FUNDAMENTAL OBJECTIVES ARTICLE ONE: THE DEFENSE OF INDEPENDENCE, NATIONAL SOVEREIGNTY AND TERRITORIAL INTEGRITY. ARTICLE TWO: THE EXERCISE OF POWER BY THE PEOPLE, THE MAJORITY OF WHOM CONSISTS OF FARMERS, WORKERS, THE ENLIGHTENED PEOPLE AND THE YOUTH. ARTICLE THREE: TO STRENGTHEN UNITY OF THOUGHT AND ACTION FOR THE FULL PARTICIPATION OF THE PEOPLE IN THE CONSTRUCTION, AND MATERIAL AND SPIRITUAL DEVELOPMENT, OF THE COUNTRY. ARTICLE FOUR: TO SECURE DEMOCRACY BASED ON SOCIAL JUSTICE AND THE INTERESTS OF THE PEOPLE. ARTICLE FIVE: TO RESPECT HUMAN LIBERTY AND DIGNITY AND TO ELIMINATE ALL FORMS OF TORTURE AND DISCRIMINATION. ARTICLE SIX: TO EVER INCREASE THE STABILITY AND CONSOLIDATION OF THE REPUBLICAN ORDER. ARTICLE SEVEN: TO INSTITUTE CONSTANT, PROFOUND AND BASIC ECONOMIC AND SOCIAL CHANGES BASED ON THE PRINCIPLES AND VALUES ENSHRINED IN THIS CONSTITUTION TO SECURE THE INTERESTS OF THE MAJORITY OF THE PEOPLE OF AFGHANISTAN. ARTICLE EIGHT: THE ELIMINATION OF EXPLOITATION IN ALL ITS FORMS AND MANIFESTATIONS. ARTICLE NINE: TO ENSURE THE RIGHT TO WORK. ARTICLE TEN: TO ENSURE AND TO GENERALIZE COMPULSORY PRIMARY EDUCATION, TO EXPAND AND DEVELOP GENERAL AND VOCATIONAL SECONDARY EDUCATION AND HIGHER EDUCATION, FREE OF CHARGE, IN ORDER TO TRAIN AND FORM ACADEMIC AND TECHNICAL CADRES TO SERVE THE PEOPLE. ARTICLE ELEVEN: TO EXPAND AND BROADEN PREVENTATIVE AND CURATIVE MEDICINE FOR THE PRESERVATION AND IMPROVEMENT OF PUBLIC HEALTH. ARTICLE TWELVE: TO RESPECT THE PRINCIPLES OF THE CHARTER OF THE UNITED NATIONS, THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND TO SUPPORT JUST PEACE. ULTIMATELY, THE FORMATION OF A PROSPEROUS AND PROGRESSIVE SOCIETY ON THE BASIS OF BROTHERHOOD, EQUALITY, COOPERATION, AND THE PRESERVATION OF HUMAN DIGNITY. CHAPTER TWO ECONOMIC PRINCIPLES ARTICLE THIRTEEN: RESOURCES SUCH AS MINE, FORESTS AND ENERGY, LARGE INDUSTRIES, COMMUNICATIONS, IMPORTANT AIR AND SURFACE TRANSPORT ESTABLISHMENTS, PORTS, BANKS, INSURANCE IMPORTANT FOOD PROCUREMENT ESTABLISHMENTS, AND ARCHAEOLOGICAL AND HISTORICAL OBJECTS ARE PART OF THE NATIONAL PROPERTY AND THEIR ADMINISTRATION SHALL BELONG TO THE STATE, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE FOURTEEN: LIMITS ON AGRICULTURAL PROPERTY SHALL BE DETERMINED AND FIXED BY THE LAND REFORM LAW. ARTICLE FIFTEEN: PRIVATE PROPERTY AND ENTERPRISES, BASED ON THE PRINCIPLES OF NON EXPLOITATION SHALL BE REGULATED BY LAW. ARTICLE SIXTEEN: COOPERATIVES, AND PRODUCTION AND CONSUMPTION COOPERATIVE COMPANIES, WITH THE PARTICIPATION OF THE PEOPLE THEREIN, SHALL BE ENCOURAGED, PROTECTED AND GUIDED BY THE GOVERNMENT IN ACCORDANCE WITH THE PROVISIONS OF THE LAW, TO ENSURE THE INTERESTS OF THE MAJORITY OF THE PEOPLE. ARTICLE SEVENTEEN: PRIVATE INVESTMENTS AND ENTERPRISES IN THE FIELD OF INTERMEDIATE, SMALL AND COTTAGE INDUSTRIES SHALL BE ENCOURAGED, PROTECTED AND GUIDED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE EIGHTEEN: THE TRADE OF THE COUNTRY, BASED ON THE PRINCIPLE OF GUIDED TRADE, SHALL BE REGULATED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW IN THE INTEREST OF THE MAJORITY OF THE PEOPLE. ARTICLE NINETEEN: TAXES SHALL BE COLLECTED ON THE BASIS OF SOCIAL JUSTICE IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. CHAPTER THREE THE STATE ARTICLE TWENTY: AFGHANISTAN IS A REPUBLICAN, DEMOCRATIC, INDEPENDENT, UNITARY AND INDIVISIBLE STATE. ARTICLE TWENTY ONE: NATIONAL SOVEREIGNTY IN AFGHANISTAN BELONGS TO THE PEOPLE. THE NATION OF AFGHANISTAN CONSISTS OF ALL THOSE INDIVIDUALS WHO HOLD THE CITIZENSHIP OF THE STATE OF AFGHANISTAN IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE WORD AFGHAN SHALL APPLY TO EACH AND EVERY INDIVIDUAL OF THE NATION OF AFGHANISTAN. ARTICLE TWENTY TWO: THE RELIGION OF AFGHANISTAN IS THE SACRED RELIGION OF ISLAM. THOSE CITIZENS WHO ARE NOT FOLLOWERS OF ISLAM SHALL BE FREE TO PERFORM THEIR RELIGIOUS RITES WITHIN THE LIMITS DETERMINED BY THE LAWS RELATING TO PUBLIC DECENCY AND PUBLIC PEACE. ARTICLE TWENTY THREE: FROM AMONGST THE LANGUAGES OF AFGHANISTAN, PASHTU AND DARI SHALL BE THE OFFICIAL LANGUAGES. ARTICLE TWENTY THREE: THE FLAG OF AFGHANISTAN CONSISTS OF BLACK, RED AND GREEN COLORS ARRANGED HORIZONTALLY IN FIXED PROPORTIONS FROM TOP DOWNWARDS WITH THE NATIONAL EMBLEM OF THE STATE AFFIXED IN ITS UPPER LEFT PORTION. THE DEFINITION AND THE PROPORTIONS FROM THE TOP DOWNWARDS WITH THE NATIONAL EMBLEM SHALL BE REGULATED BY LAW. ARTICLE TWENTY FOUR: THE ARMED FORCES OF THE REPUBLICAN STATE OF AFGHANISTAN, LOYAL TO THE OBJECTIVES OF THE NATIONAL REVOLUTION AND ABIDING TO THE NATIONAL TRADITIONS, SHALL BE AT THE SERVICE OF THE PEOPLE UNDER THE ORDERS OF THE GOVERNMENT. IT IS THE DUTY OF THE ARMED FORCES TO DEFEND THE TERRITORY OF AFGHANISTAN AND THEY SHALL PARTICIPATE IN NATIONAL ACTIVITIES THROUGH THE HIGH COUNCIL OF THE ARMED FORCES. ARTICLE TWENTY SIX: THE ADMINISTRATION OF AFGHANISTAN IS BASED UPON THE PRINCIPLE OF CENTRALIZATION IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE CAPITAL OF AFGHANISTAN IS THE CITY OF KABUL. CHAPTER FOUR RIGHTS AND OBLIGATIONS OF THE PEOPLE ARTICLE TWENTY SEVEN: ALL THE PEOPLE OF AFGHANISTAN, BOTH WOMEN AND MEN, WITHOUT DISCRIMINATION AND PRIVILEGE, HAVE EQUAL RIGHTS AND OBLIGATIONS BEFORE THE LAW. ARTICLE TWENTY EIGHT: LIBERTY IS THE NATURAL RIGHT OF HUMAN BEINGS, UNLESS IT HARMS OR DAMAGES THE LIBERTY AND DIGNITY OF OTHERS, OR THE BENEFIT AND SECURITY OF THE PUBLIC AND THE NATIONAL INTERESTS. THIS RIGHT SHALL BE REGULATED BY LAW. ARTICLE TWENTY NINE: EVERY AFGHAN WHO ATTAINS THE AGE OF EIGHTEEN HAS THE RIGHT TO VOTE IN ACCORDANCE WITH THE PROVISION OF THE LAW. ARTICLE THIRTY: INNOCENCE IS THE ORIGINAL STATE. THE ACCUSED IS RECOGNIZED TO BE INNOCENT UNLESS FOUND GUILTY BY A FINAL JUDGMENT OF A COMPETENT COURT. NO ONE CAN BE PUNISHED EXCEPT BY THE PROVISIONS OF THE LAW IN FORCE PRIOR TO THE COMMISSION OF THE ACT WITH WHICH THE ACCUSED IS CHARGED. NO ONE CAN BE PURSUED, ARRESTED OR DETAINED EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE THIRTY ONE: CRIME IS A PERSONAL DEED. THE PURSUIT, ARREST OR DETENTION OF THE ACCUSED, AND THE EXECUTION OF A SENTENCE AGAINST HIM, SHALL NOT AFFECT ANY OTHER PERSON. TORTURING, AND IMPOSING PUNISHMENT INCOMPATIBLE WITH HUMAN DIGNITY IS NOT PERMISSIBLE. EVERY PERSON HAS THE RIGHT TO APPOINT DEFENSE COUNSEL FOR THE DEFENSE OF A CHARGE LEGALLY BROUGHT AGAINST HIM. ARTICLE THIRTY TWO: THE INDEBTEDNESS OF ONE PERSON TO ANOTHER PERSON CANNOT CAUSE THE DEPRIVATION, OR LIMITATION, OF THE LIBERTY OF THE DEBTOR. THE METHOD AND MEANS OF RECOVERING DEBTS SHALL BE REGULATED BY LAW. ARTICLE THIRTY THREE: EVERY AFGHAN HAS THE RIGHT TO TRAVEL AND SETTLE ANYWHERE WITHIN THE TERRITORY OF THE COUNTRY, EXCEPT IN AREAS PROHIBITED BY THE LAW. EVERY AFGHAN ALSO HAS THE RIGHT TO TRAVEL ABROAD AND RETURN TO HIS HOMELAND IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE THIRTY FOUR: NO AFGHAN CAN BE SENTENCED TO EXILE WITHIN, OR OUTSIDE OF AFGHANISTAN. NO PERSON SHALL BE SENTENCED SO AS TO FORBID HIM FROM RESIDING AT A GIVEN PLACE, OR FROM MOVING THEREFROM, EXCEPT IN CIRCUMSTANCES PERMITTED BY LAW FOR ENSURING PUBLIC SECURITY AND INTERESTS. NO AFGHAN ACCUSED OF A CRIME SHALL BE EXTRADITED TO A FOREIGN STATE. ARTICLE THIRTY FIVE: THE RESIDENCE OF A PERSON IS INVIOLABLE. NO PERSON, INCLUDING TO STATE, CAN ENTER OR SEARCH A RESIDENCE OF A PERSON WITHOUT THE PERMISSION OF THE RESIDENT, OR A WARRANT OF A COMPETENT COURT, AND EXCEPT IN THE CIRCUMSTANCES AND PROCEDURES SPECIFIED BY THE LAW. IN THE CASE OF A WITNESSED CRIME, THE RESPONSIBLE OFFICIAL CAN ON HIS OWN RESPONSIBILITY, ENTER OR SEARCH A RESIDENCE OF A PERSON WITHOUT THE PERMISSION OF THE RESIDENT OR THE PRIOR PERMISSION OF THE COURT. THE OFFICIAL IS BOUND TO OBTAIN THE ORDER OF THE COURT AFTER SUCH ENTRY OR SEARCH, WITHIN THE TIME THE LAW DETERMINES. ARTICLE THIRTY SIX: PROPERTY IS INVIOLABLE. NO PERSON'S PROPERTY SHALL BE CONFISCATED WITHOUT THE PROVISION OF THE LAW AND THE DECISION OF A COMPETENT COURT. THE EXPROPRIATION OF PRIVATE PROPERTY IS PERMITTED ONLY BY VIRTUE OF THE LAW FOR THE PURPOSE OF ENSURING THE INTERESTS OF THE PUBLIC AND IN EXCHANGE FOR JUST COMPENSATION. NO PERSON SHALL BE PROHIBITED FROM ACQUIRING PROPERTY AND EXERCISING THE RIGHT OF OWNERSHIP THEREIN, EXCEPT WITHIN THE LIMITS OF THE LAW. THE WAYS OF UTILIZING PROPERTY SHALL BE REGULATED AND GUIDED BY THE LAWS FOR THE PURPOSE OF ENSURING THE INTERESTS OF THE PUBLIC. ARTICLE THIRTY SEVEN: FREEDOM AND SECRECY OF COMMUNICATIONS OF PERSONS, WHETHER IN WRITTEN FORM OR BY TELEPHONE AND TELEGRAPH, OR OTHER MEANS, ARE INVIOLABLE. THE STATE DOES NOT HAVE THE RIGHT TO SEARCH COMMUNICATIONS OF PERSONS, EXCEPT BY VIRTUE OF THE PROVISIONS OF THE LAW. IN URGENT CASES WHICH SHALL BE DEFINED BY LAW, THE RESPONSIBLE OFFICIAL, WITHOUT PRIOR PERMISSION OF THE COURT, CAN SEARCH COMMUNICATIONS ON HIS OWN RESPONSIBILITY. THE OFFICIAL IS BOUND TO OBTAIN THE ORDER OF THE COURT, AFTER CARRYING OUT SUCH A SEARCH, WITHIN THE TIME THE LAW DETERMINES. ARTICLE THIRTY EIGHT: FREEDOM OF THOUGHT AND EXPRESSION ARE INVIOLABLE. EVERY AFGHAN HAS THE RIGHT TO EXPRESS HIS THOUGHT THROUGH SPEECH, WRITING, PICTURES, OR SIMILAR MEANS, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. PERMISSION AND THE RIGHT TO ESTABLISH PRINTING HOUSES, AND ISSUE PUBLICATIONS, SHALL BE GRANTED ONLY TO CITIZENS OF AFGHANISTAN IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE ESTABLISHMENT OF LARGE PRINTING HOUSES AND THE ESTABLISHMENT AND OPERATION OF PUBLIC RADIO AND TELEVISION TRANSMITTERS ARE THE EXCLUSIVE RIGHT OF THE STATE. ARTICLE THIRTY NINE: THE CITIZENS OF AFGHANISTAN HAVE THE RIGHT A ASSEMBLE FOR SECURING PERMISSIBLE AND PEACEFUL OBJECTIVES, WITHOUT CARRYING WEAPONS, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE FORTY: FOR THE REFLECTION OF SOCIAL DEMANDS AND FOR THE POLITICAL EDUCATION OF THE PEOPLE OF AFGHANISTAN, UNTIL SUCH TIME AS THIS ASPIRATION IS REALIZED AND ATTAINS ITS NATURAL MATURITY, THE ONE PARTY SYSTEM LED BY THE HEZB-E-ENQELAB-E-MELI (NATIONAL REVOLUTION PARTY), WHICH IS THE FOUNDER AND VANGUARD OF THE POPULAR AND PROGRESSIVE REVOLUTION OF SARATAN 26, OF THE YEAR 1352 OF THE PEOPLE OF AFGHANISTAN, WILL PREVAIL IN THE COUNTRY. ARTICLE FORTY ONE: WORK IS THE RIGHT, HONOR, AND DUTY OF EVERY AFGHAN WHO HAS THE CAPABILITY OF DOING IT. THE MAJOR PURPOSE OF THE LAWS THAT SHALL BE PROMULGATED TO REGULATE WORK IS TO REACH THE STAGE IN WHICH THE RIGHTS AND INTERESTS OF ALL TOILERS, FARMERS, WORKERS, AND TRADES ARE PROTECTED, SUITABLE WORKING CONDITIONS PROVIDED, AND IN WHICH RELATIONS BETWEEN THE WORKER AND THE EMPLOYER ARE REGULATED ON A JUST AND PROGRESSIVE BASIS. THE CHOICE OF WORK AND VOCATION IS FREE, WITHIN THE TERMS DETERMINED BY LAW. ARTICLE FORTY TWO: CITIZENS OF AFGHANISTAN, SHALL BE ADMITTED TO THE SERVICE OF THE STATE ON THE BASIS OF MERIT, AND BY VIRTUE OF THE PROVISIONS OF THE LAW. ARTICLE FORTY THREE: THE IMPOSITION OF FORCED LABOR IS NOT PERMISSIBLE, EVEN FOR THE STATE. THE PROHIBITION OF FORCED LABOR SHALL NOT BAR THE APPLICATION OF THE LAWS THAT SHALL BE PROMULGATED FOR THE REGULATION OF COLLECTIVE ACTIVITY TO SECURE THE PUBLIC INTEREST. ARTICLE FORTY FOUR: EVERY AFGHAN IS BOUND TO PAY TAX AND DUTY TO THE STATE. NO TAX OR DUTY SHALL BE LEVIED WITHOUT THE PROVISION OF THE LAW. THE AMOUNT OF TAX AND DUTY, AND THE METHOD OF THEIR PAYMENT, SHALL BE DETERMINED BY LAW, WITH CONSIDERATION TO SOCIAL JUSTICE. THIS PROVISION SHALL ALSO APPLY TO FOREIGN PERSONS. ARTICLE FORTY FIVE: THE DEFENSE OF THE HOME LAND IS THE SACRED DUTY OF ALL CITIZENS OF AFGHANISTAN. ALL THE CITIZENS OF AFGHANISTAN ARE BOUND TO SERVE UNDER THE FLAG IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE FORTY SIX: ADHERENCE TO THE PROVISIONS OF THE CONSTITUTION, LOYALTY TO THE OBJECTIVES OF THE REVOLUTION OF SARATAN 26, OF THE YEAR 1352 AND TO THE REPUBLICAN ORDER, RESPECT FOR THE PRESIDENT OF THE REPUBLIC, OBEDIENCE TO THE LAWS, OBSERVANCE OF PUBLIC ORDER AND SECURITY, PROTECTION OF THE INTERESTS OF THE HOMELAND, AND PARTICIPATION IN THE NATIONAL LIFE IS THE DUTY OF ALL PEOPLE OF AFGHANISTAN. ARTICLE FORTY SEVEN: NO ONE CAN HARM NATIONAL INDEPENDENCE, TERRITORIAL INTEGRITY, NATIONAL UNITY, AND THE DICTATES OF THE INTERESTS OF THE MAJORITY OF THE PEOPLE, OR THE OBJECTIVES OF THE REVOLUTION OF SARATAN 26, OF THE YEAR 1352, BY THE EXERCISE OF THE RIGHTS AND FREEDOMS EMBODIED IN THIS CONSTITUTION. CHAPTER FIVE THE MELI JIRGA ARTICLE FORTY EIGHT: THE MELI JIRGA OF AFGHANISTAN IS WHERE THE WILL OF THE PEOPLE IS MANIFESTED AND IT REPRESENTS THE WHOLE OF THE NATION. ARTICLE FORTY NINE: MEMBERS OF THE MELI JIRGA, 50 % OF WHOM SHALL BE COMPOSED OF FARMERS AND WORKERS, ARE NOMINATED BY THE PARTY AND SHALL BE ELECTED BY THE PEOPLE IN ACCORDANCE WITH THE PROVISIONS OF THE LAW FOR A PERIOD OF FOUR YEARS THROUGH FREE UNIVERSAL, SECRET AND DIRECT ELECTIONS. FOR THIS PURPOSE, AFGHANISTAN SHALL BE DIVIDED INTO ELECTORAL CONSTITUENCIES. THE NUMBER AND THE SIZE OF THE CONSTITUENCIES SHALL BE DETERMINED BY LAW. ARTICLE FIFTY: THE PROCEDURE AND CONDITIONS OF THE ELECTION OF THE DEPUTIES OF THE MELI JIRGA AND THEIR DUTIES SHALL BE REGULATED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE METHOD OF VERIFICATION OF THE AUTHENTICITY OF THE MEMBERSHIP DOCUMENTS AND ... TIONS TO THE LEGALITY OF THE ELECTION OF A DEPUTY SHALL TAKE PLACE IN ACCORDANCE WITH THE RULES OF PROCEDURE OF THE MELI JIRGA. ARTICLE FIFTY ONE: THE MEMBERSHIP PRIVILEGE OF A DEPUTY SHALL ONLY BE WITHDRAWN BY AGREEMENT OF TWO THIRDS OF THE MEMBERS OF THE MELI JIRGA. ARTICLE FIFTY TWO: THE QUALIFICATIONS FOR VOTERS SHALL BE DETERMINED BY THE ELECTORAL LAW. TO BE ELECTED TO MEMBERSHIP IN THE MELI JIRGA, IN ADDITION TO THE QUALIFICATIONS FOR VOTERS, A PERSON MUST MEET THE FOLLOWING QUALIFICATIONS: 1) HAVE ACQUIRED THE CITIZENSHIP OF THE STATE OF AFGHANISTAN AT LEAST TEN YEARS PRIOR TO THE DATE OF ELECTION. 2) NOT HAVE BEEN PUNISHED BY A COURT WITH DEPRIVATION OF POLITICAL RIGHTS. 3) HAVE ATTAINED THE AGE OF TWENTY FIVE AT THE TIME OF ELECTION. ARTICLE FIFTY THREE: EVERY MEMBER OF THE MELI JIRGA HAS THE RIGHT TO EXPRESS HIS VIEWS WITHIN THE JIRGA ON ANY SUBJECT UNDER DISCUSSION IN ACCORDANCE WITH ITS RULE OF PROCEDURE. ARTICLE FIFTY FOUR: NO MEMBER OF THE MELI JIRGA SHALL BE SUBJECT TO LEGAL PROCEEDINGS FOR EXPRESSING ANY VIEW OR OPINION WHILE DISCHARGING HIS DUTIES. WHENEVER A MEMBER OF THE MELI JIRGA IS ACCUSED OF AN OFFENSE, THE RESPONSIBLE OFFICIAL SHALL NOTIFY THE MELI JIRGA AND AFTER THE MELI JIRGA GRANTS PERMISSION BY A MAJORITY VOTE, LEGAL PROCEEDINGS SHALL BE BROUGHT AGAINST THE ACCUSED. IN THE CASE OF A WITNESSED CRIME, THE RESPONSIBLE OFFICIAL CAN BRING LEGAL PROCEEDINGS AGAINST THE ACCUSED AND ARREST HIM WITHOUT THE PERMISSION OF THE JIRGA. WHENEVER LEGAL PROCEEDINGS REQUIRE DETENTION ACCORDING TO THE LAW, THE RESPONSIBLE OFFICIAL IS BOUND TO NOTIFY IMMEDIATELY THE JIRGA OF THE MATTER, AND WHEN THE JIRGA IS IN RECESS, TO INFORM THE ADMINISTRATIVE BOARD OF THE JIRGA. THE ADMINISTRATIVE BOARD IS BOUND TO NOTIFY THE MELI JIRGA OF THE MATTER AT ITS FIRST SESSION AFTER THE RECESS. ARTICLE FIFTY FIVE: THE GOVERNMENT MAY ATTEND THE MEETINGS OF THE MELI JIRGA. THE MELI JIRGA MAY DEMAND THE PRESENCE OF THE MEMBERS OF THE GOVERNMENT AT ITS MEETINGS AND PUT QUESTIONS TO THEM. DISCUSSIONS AT THE MEETINGS OF THE MELI JIRGA SHALL BE OPEN, UNLESS: THE PRESIDENT OF THE REPUBLIC DECLARES THE MEETING TO BE A CLOSED SESSION; OR THE PRESIDENT OF THE MELI JIRGA, ANY MEMBER OF THE GOVERNMENT OR AT LEAST TEN MEMBERS OF THE MELI JIRGA REQUEST A CLOSED MEETING, PROVIDED THIS REQUEST IS APPROVED BY THE JIRGA. NO ONE SHALL FORCIBLY ENTER THE MEETING PLACE OF THE MELI JIRGA. VIOLATIONS SHALL BE PUNISHED ACCORDING TO THE PROVISIONS OF THE LAW. ARTICLE FIFTY SIX: EXCEPT IN CASES EXPLICITLY PROVIDED IN THIS CONSTITUTION, DECISIONS BY THE MELI JIRGA SHALL BE MADE BY A MAJORITY VOTE OF THE MEMBERS PRESENT. ARTICLE FIFTY SEVEN: THE MELI JIRGA SHALL HOLD ONE ORDINARY SESSION EVERY YEAR FOR FOUR CONSECUTIVE MONTHS BEGINNING ON THE FIRST OF QAUS. ARTICLE FIFTY EIGHT: THE MELI JIRGA, AT THE BEGINNING OF THE LEGISLATIVE TERM, SHALL ELECT ONE OF ITS MEMBERS AS PRESIDENT. THE JIRGA, AT THE BEGINNING OF ITS ANNUAL SESSION, SHALL ELECT FROM AMONGST ITS MEMBERS TWO PERSONS AS FIRST AND SECOND VICE PRESIDENTS AND TWO OTHER PERSONS AS SECRETARY AND ASSISTANT SECRETARY, FOR A PERIOD OF ONE YEAR. THE ABOVE MENTIONED PERSONS SHALL CONSTITUTE THE ADMINISTRATIVE BOARD OF THE MELI JIRGA AND SHOULD BE ELECTED WITHIN A MAXIMUM PERIOD OF FIFTEEN DAYS FROM THE BEGINNING OF THE SESSION. ARTICLE FIFTY NINE: THE MELI JIRGA, IN ACCORDANCE WITH IT RULES OF PROCEDURE, SHALL APPOINT COMMITTEES TO UNDERTAKE DETAILED AND THOROUGH STUDY OF THE SUBJECTS UNDER CONSIDERATION. ARTICLE SIXTY: THE MELI JIRGA SHALL FORMULATE ITS OWN RULES OF PROCEDURE. ARTICLE SIXTY ONE: APPROPRIATE SALARIES SHALL BE FIXED FOR THE MEMBERS OF THE MELI JIRGA IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE SIXTY TWO: TO ORGANIZE THE AFFAIRS OF LIFE OF AFGHANISTAN, THE MELI JIRGA, IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, AFTER STUDYING AND CONSIDERING DRAFT LAWS PROPOSED BY THE GOVERNMENT AND THE JUDICIAL ORGAN, SHALL ADOPT NECESSARY DECISIONS THEREON. THE ADOPTION OF DECISIONS ON THE BUDGET, THE RATIFICATION OF INTERNATIONAL TREATIES, AND THE DISPATCH OF DETACHMENTS OF THE ARMED FORCES OF THE REPUBLICAN STATE OF AFGHANISTAN ABROAD ARE WITHIN THE COMPETENCE OF THE MELI JIRGA. DURING RECESS OR THE DISSOLUTION OF THE MELI JIRGA, THE GOVERNMENT MAY DRAFT AND PREPARE ORDINANCES FOR REGULATING URGENT MATTERS. THESE ORDINANCES SHALL COME INTO FORCE AFTER SIGNATURE AND PROCLAMATION BY THE PRESIDENT OF THE REPUBLIC. THESE ORDINANCES SHALL BE SUBMITTED TO THE MELI JIRGA FOR A DECISION WITHIN THIRTY DAYS FROM ITS FIRST MEETING. ARTICLE SIXTY THREE: A LAW IS A RESOLUTION ENACTED BY THE MELI JIRGA AND SIGNED BY THE PRESIDENT OF THE REPUBLIC. ARTICLE SIXTY FOUR: THERE CAN BE NO LAW REPUGNANT TO THE BASIC PRINCIPLES OF THE SACRED RELIGION OF ISLAM, THE REPUBLICAN ORDER, AND OTHER VALUES EMBODIED IN THE CONSTITUTION. CHAPTER SIX THE LOYA JIRGA ARTICLE SIXTY FIVE: IN AFGHANISTAN, THE LOYA JIRGA IS THE SUPREME MANIFESTATION OF THE POWER AND WILL OF ITS PEOPLE. THE LOYA JIRGA IS COMPOSED OF: THE MEMBERS OF THE MELI JIRGA; THE MEMBERS OF THE CENTRAL COUNCIL OF THE PARTY; THE MEMBERS OF THE GOVERNMENT AND THE HIGH COUNCIL OF THE ARMED FORCES; THE MEMBERS OF THE SUPREME COURT; FIVE TO EIGHT REPRESENTATIVES FROM EACH PROVINCE, AND, THIRTY MEMBERS WHO SHALL BE APPOINTED THROUGH A DECREE OF THE PRESIDENT OF THE REPUBLIC. ARTICLE SIXTY SIX: THE LOYA JIRGA SHALL BE CONVENED IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION THROUGH A DECREE OF THE PRESIDENT OF THE REPUBLIC. THE PRESIDENT OF THE REPUBLIC IS THE CHAIRMAN OF THE LOYA JIRGA. IN THE CASE OF THE DEATH OR RESIGNATION OF THE PRESIDENT OF THE REPUBLIC, THE OFFICE OF THE PRESIDENCY SHALL CONVENE THE LOYA JIRGA WITHIN TWENTY DAYS OF THE DATE OF DEMISE OR RESIGNATION OF THE PRESIDENT. ARTICLE SIXTY SEVEN: THE LOYA JIRGA SHALL BE CONVENED UNDER THE CHAIRMANSHIP OF THE PRESIDENT OF THE REPUBLIC, OR THE VICE CHAIRMAN OF THE LOYA JIRGA, IN THE FOLLOWING CIRCUMSTANCE: 1) THE AMENDMENT OF THE CONSTITUTION. 2) THE ELECTION AND ACCEPTANCE OF THE RESIGNATION OF THE PRESIDENT OF THE REPUBLIC. 3) THE APPROVAL OF DECLARATION OF WART AND ARMISTICE 4) ANY OTHER IMPORTANT EVENT WHICH MAY REQUIRE THE APPROVAL OF THE LOYA JIRGA. ARTICLE SIXTY EIGHT: DURING THE SESSION OF THE LOYA JIRGA, THE PROVISIONS OF ARTICLE FIFTY FOUR OF THIS CONSTITUTION SHALL BE APPLICABLE TO ITS MEMBERS. ARTICLE SIXTY NINE: THE DELIBERATIONS OF THE LOYA JIRGA SHALL BE OPEN UNLESS MORE THAN TWO THIRDS OF THE MEMBERS OF THE GOVERNMENT, OR THE CENTRAL COUNCIL OF THE PARTY, OR THIRTY OF MEMBERS OF THE JIRGA, REQUEST THEIR SECRECY AND THE LOYA JIRGA APPROVES THIS REQUEST. ARTICLE SEVENTY: THE LOYA JIRGA, IN ITS FIRST SITTING AFTER INAUGURATION; SHALL ELECT FROM AMONGST ITS MEMBERS A VICE CHAIRMAN AND TWO SECRETARIES BY A MAJORITY VOTE OF ITS MEMBERS. ARTICLE SEVENTY ONE: EXCEPT IN CASES EXPLICITLY PROVIDED IN THIS CONSTITUTION, DECISIONS OF THE LOYA JIRGA SHALL BE ADOPTED BY A MAJORITY VOTE OF THE MEMBERS PRESENT. ARTICLE SEVENTY TWO: THE PROCEDURE OF THE LOYA JIRGA SHALL BE REGULATED BY LAW, SUBJECT TO THE PROVISIONS OF THIS CONSTITUTION. ARTICLE SEVENTY THREE: THE LOYA JIRGA SHALL HAVE SUCH POWERS AS ARE DETERMINED IN THIS CONSTITUTION. ARTICLE SEVENTY FOUR: IN THE CASE OF THE DISSOLUTION OF THE MELI JIRGA, ITS MEMBERS SHALL RETAIN THEIR STATUS AS MEMBERS OF THE LOYA JIRGA UNTIL A NEW MELI JIRGA IS CONVENED. WHEN THE LOYA JIRGA IS IN SESSION, ALL ITS MEMBERS SHALL ENJOY EQUAL RIGHTS REGARDLESS OF OFFICE, RANK OR DUTY. CHAPTER SEVEN THE PRESIDENT OF THE REPUBLIC ARTICLE SEVENTY FIVE: THE PRESIDENT OF THE REPUBLIC, IS THE HEAD OF THE STATE OF AFGHANISTAN AND SHALL ADMINISTER AND GUIDE, THROUGH THE ORGANS CONCERNED, THOSE FUNCTIONS OF THE EXECUTIVE AND THE PARTY WHICH HAVE BEEN DIRECTLY ENTRUSTED TO HIM IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION AND THE CHARTER OF THE PARTY. ARTICLE SEVENTY SIX: THE PRESIDENT OF THE REPUBLIC, AFTER NOMINATION BY THE PARTY, SHALL BE ELECTED BY THE LOYA JIRGA WITH A TWO THIRDS MAJORITY VOTE OF ITS MEMBERS FOR A TERM OF SIX YEARS. ARTICLE SEVENTY SEVEN: THE PRESIDENT OF THE REPUBLIC MUST BE A CITIZEN OF AFGHANISTAN AND A MUSLIM AND BOTH THE PRESIDENT AND HIS SPOUSE MUST BE BORN OF AFGHAN PARENTS. THE PRESIDENT MUST ENJOY CIVIL AND POLITICAL RIGHTS AND MUST NOT BE UNDER FORTY YEARS OF AGE. ARTICLE SEVENTY EIGHT: THE PRESIDENT OF THE REPUBLIC SHALL HAVE THE FOLLOWING DUTIES: 1) SUPREME COMMAND OF THE ARMED FORCES OF THE COUNTRY. 2) DECLARING WAR AND ARMISTICE WITH THE ADVICE OF THE LOYA JIRGA. IN THE CASE IN WHICH AN IMMEDIATE AND OPEN DANGER THREATENS INDEPENDENCE AND TERRITORIAL INTEGRITY, OR IN OTHER URGENT CIRCUMSTANCES THE PRESIDENT OF THE REPUBLIC MAY ADOPT EXCEPTIONAL DECISIONS, AND CONVENE THE LOYA JIRGA. 3) DECLARING A STATE OF EMERGENCY AND ITS TERMINATION. 4) CONVENING AND INAUGURATING THE LOYA JIRGA. 5) INAUGURATING THE ORDINARY SESSION OF THE MELI JIRGA AND CONVENING AND INAUGURATING ITS EXTRAORDINARY SESSIONS. 6) DISSOLVING THE MELI JIRGA AND DECREEING NEW ELECTIONS. NEW ELECTIONS SHALL BE HELD WITHIN THREE MONTHS FROM THE DATE OF THE DISSOLUTION OF THE MELI JIRGA. 7) CONSOLIDATING NATIONAL UNITY AND UPHOLDING THE INTERESTS OF THE PEOPLE OF AFGHANISTAN. 8) GUIDING AND HARMONIZING THE COUNTRY'S DOMESTIC AND FOREIGN POLICY IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION. 9) COMMUTING AND THE PARDON OF SENTENCES. 10) AWARDING MEDAL IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. 11) APPOINTING THE VICE PRESIDENT OF THE REPUBLIC FROM AMONGST THE MEMBERS OF THE PARTY AND ALSO APPOINTING THE MINISTERS FROM WITHIN AND WITHOUT THE PARTY, AND DISMISSING THEM AND ACCEPTING THEIR RESIGNATION. 12) APPOINTING THE JUSTICES OF THE SUPREME COURT AND THE CHIEF JUSTICE. 13) APPOINTING, RETIRING, ACCEPTING THEIR RESIGNATION, AND DISMISSING JUDGES, OFFICERS OF THE ARMED FORCES AND HIGH RANKING OFFICIALS IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. 14) ACCREDITING HEADS OF AFGHANISTAN'S DIPLOMATIC MISSIONS IN FOREIGN STATES, APPOINTING AFGHANISTAN'S PERMANENT REPRESENTATIVES TO INTERNATIONAL ORGANS AND ACCEPTING THE LETTERS OF CREDENCE OF FOREIGN DIPLOMATIC REPRESENTATIVES. 15) SIGNING LAWS AND ORDINANCES AND PROCLAIMING THEIR ENFORCEMENT: GRANTING CREDENTIALS FOR THE CONCLUSION OF INTERNATIONAL TREATIES IN ACCORDANCE WITH THE PROVISIONS OF THE LAW AND SIGNING INTERNATIONAL TREATIES. ARTICLE SEVENTY NINE: THE PRESIDENT OF THE REPUBLIC MAY HAVE RECOURSE TO A GENERAL VOTE OF THE PEOPLE OF AFGHANISTAN ON IMPORTANT NATIONAL MATTERS. ARTICLE EIGHTY: THE PRESIDENT OF THE REPUBLIC, PRIOR TO ASSUMING OFFICE, SHALL TAKE THE FOLLOWING OATH IN THE PRESENCE OF THE MEMBERS OF THE LOYA JIRGA: 'IN THE PRESENCE OF YOU, THE REPRESENTATIVES OF THE NATION OF AFGHANISTAN, I .............. SWEAR IN THE NAME OF GOD THE ALMIGHTY THAT I WILL PROTECT THE BASIC PRINCIPLES OF THE SACRED RELIGION OF ISLAM AND RESPECT THE CONSTITUTION AND OTHER LAWS OF AFGHANISTAN AND ABIDE BY THEM, WILL PRESERVE NATIONAL INDEPENDENCE, AND TERRITORIAL INTEGRITY, AND WILL DEVOTE ALL MY ENERGY TO THE DEFENSE OF THE RIGHTS AND INTERESTS OF THE PEOPLE AND THE OBJECTIVES OF THE REVOLUTION OF SARATAN 26, OF THE YEAR 1352, AND THE REPUBLIC OF AFGHANISTAN." ARTICLE EIGHTY ONE: EXCEPT IN CASES DEFINED IN ARTICLE THIRTY SIX OF THIS CONSTITUTION, DURING THE TENURE OF HIS OFFICE THE PRESIDENT OF THE REPUBLIC SHALL NOT CONDUCT ANY TRANSACTION. ARTICLE EIGHTY TWO: THE PRESIDENT OF THE REPUBLIC, IN THE EVENT OF HIS ILLNESS OR WHEN TRAVELING, SHALL DEPUTIZE THE VICE PRESIDENT OR VICE PRESIDENTS TO ACT IN HIS STEAD IN ACCORDANCE WITH THE INSTRUCTIONS HE ISSUES. ARTICLE EIGHTY THREE: THE SALARY AND EXPENDITURE OF THE PRESIDENT OF THE REPUBLIC SHALL BE FIXED BY LAW. ARTICLE EIGHTY FOUR: FOR THE ELECTION OF THE PRESIDENT OF THE REPUBLIC, NECESSARY MEASURES MUST BE ADOPTED FORTY FIVE DAYS BEFORE THE END OF THE TERM OF THE PRESIDENCY IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, AND THE CHARTER OF THE PARTY. ARTICLE EIGHTY FIVE: SHOULD THE PRESIDENT OF THE REPUBLIC DECIDE TO RESIGN, HE SHALL CONVENE THE LOYA JIRGA AND SUBMIT HIS RESIGNATION DIRECTLY TO THE LOYA JIRGA. IN CASE THE LOYA JIRGA ACCEPTS THE RESIGNATION, THE ELECTION OF THE NEW PRESIDENT OF THE REPUBLIC SHALL TAKE PLACE IN ACCORDANCE WITH ARTICLE EIGHTY EIGHT OF THIS CONSTITUTION. ARTICLE EIGHTY SIX: IN THE EVENT THE PRESIDENT OF THE REPUBLIC DIES OR RESIGNS, THE PRESIDENTIAL FUNCTIONS SHALL BE ENTRUSTED TEMPORARILY TO THE PRESIDENT OF THE MELI JIRGA. IN SUCH CASES, THE PRESIDENT OF THE MELI JIRGA CANNOT BE NOMINATED AS A CANDIDATE FOR ELECTION TO THE OFFICE OF PRESIDENT. DURING THE TENURE OF OFFICE BY THE PRESIDENT OF THE MELI JIRGA AS ACTING PRESIDENT OF THE REPUBLIC, THIS CONSTITUTION CANNOT BE AMENDED. THE NEW PRESIDENT OF THE REPUBLIC MUST BE ELECTED WITHIN THIRTY DAYS OF THE DATE THE OFFICE OF THE PRESIDENT BECOMES VACANT, IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION. THE ACTING PRESIDENT OF THE REPUBLIC, SUBJECT TO THE PROVISIONS OF THIS ARTICLE, WITH THE AGREEMENT OF THE MEMBERS OF THE GOVERNMENT AND THE CENTRAL COUNCIL OF THE PARTY, MAY UTILIZE THE POWERS EMBODIED IN ARTICLE SEVENTY EIGHT OF THIS CONSTITUTION SHOULD THE OCCURRENCE OF URGENT AND IMPORTANT NATIONAL EVENTS COMPEL TO ACTING PRESIDENT OF THE REPUBLIC TO EXERCISE THE POWERS STIPULATED IN ARTICLE SEVENTY EIGHT OF THIS CONSTITUTION. ARTICLE EIGHTY SEVEN: AN ACCUSATION OF HIGH TREASON AGAINST THE PRESIDENT OF THE REPUBLIC CAN BE REQUESTED BY TWO THIRDS OF THE MEMBERS OF THE MELI JIRGA. AFTER THE AGREEMENT OF THE MEMBERS OF THE CENTRAL COUNCIL OF THE PARTY BY A TWO THIRDS VOTE, SUCH A REQUEST SHALL BE SUBMITTED TO THE LOYA JIRGA. IN THIS CASE THE PRESIDENT OF THE REPUBLIC IS BOUND TO CONVENE THE LOYA JIRGA. THE PRESIDENT OF THE MELI JIRGA SHALL PRESIDE OVER THE MEETING OF THE LOYA JIRGA. SHOULD THE LOYA JIRGA APPROVE THE ASCRIBED ACCUSATION, WITH THE EVIDENCE SUBMITTED THEREON, BY A TWO THIRDS MAJORITY VOTE OF ITS MEMBERS, THE PRESIDENT OF THE REPUBLIC SHALL BE RELIEVED OF HIS OFFICE. THE COMPOSITION OF THE COURT AND THE TRIAL PROCEDURE SHALL BE REGULATED BY A SPECIAL LAW. IN THIS CASE THE PRESIDENTIAL FUNCTIONS SHALL BE ENTRUSTED TEMPORARILY TO THE PRESIDENT OF THE MELI JIRGA. THE ACTING PRESIDENT OF THE REPUBLIC IS SUBJECT TO THE PROVISIONS OF ARTICLE EIGHTY SIX OF THIS CONSTITUTION. CHAPTER EIGHT THE GOVERNMENT ARTICLE EIGHTY EIGHT: THE GOVERNMENT IS THE SUPREME EXECUTIVE AND ADMINISTRATIVE ORGAN OF THE STATE AND CONSISTS OF THE VICE PRESIDENT OR VICE PRESIDENTS OF THE REPUBLIC AND THE MINISTERS, WHO SHALL PERFORM THEIR DUTIES UNDER THE LEADERSHIP OF THE PRESIDENT OF THE REPUBLIC. ARTICLE EIGHTY NINE: THE VICE PRESIDENT OR VICE PRESIDENTS OF THE REPUBLIC AND THE MINISTERS MUST BE CITIZENS OF AFGHANISTAN, MUST ENJOY ALL THEIR CIVIL AND POLITICAL RIGHTS, AND THEY AND THEIR SPOUSE MUST BE BORN OF AFGHAN PARENTS. ARTICLE NINETY: THE VICE PRESIDENT OR VICE PRESIDENTS OF THE REPUBLIC AND THE MINISTERS, PRIOR TO ASSUMING OFFICE, SHALL TAKE THE FOLLOWING OATH IN THE PRESENCE OF THE PRESIDENT OF THE REPUBLIC: 'IN THE NAME OF GOD, THE ALMIGHTY, I SWEAR TO REPRESENT THE CONSTITUTION AND OTHER LAWS OF AFGHANISTAN AND TO ABIDE BY THEM AND TO DEVOTE ALL MY ENERGY TO THE DEFENSE OF NATIONAL RIGHTS AND INTERESTS AND TO PROTECT THE OBJECTIVES OF THE REVOLUTION OF SARATAN 26, 1352, AND THE REPUBLIC OF AFGHANISTAN. ARTICLE NINETY ONE: THE GOVERNMENT SHALL HAVE THE FOLLOWING DUTIES AND POWERS: 1) IMPLEMENTING THE COUNTRY'S DOMESTIC AND FOREIGN POLICY IN ACCORDANCE WITH THE PROVISIONS OF THE LAW AND THE BASIC PRINCIPLES OF THE PARTY. 2) ADMINISTERING, COORDINATING AND SUPERVISING THE AFFAIRS OF THE MINISTRIES AND OTHER DEPARTMENTS AND PUBLIC INSTITUTIONS. 3) RENDERING EXECUTIVE AND ADMINISTRATIVE DECISIONS IN ACCORDANCE WITH LAWS AND DECREES ISSUED AND SUPERVISING THEIR IMPLEMENTATION. 4) DRAFTING LAWS AND FORMULATING REGULATIONS. 5) PREPARING THE STATE BUDGET AND ADOPTING MEASURES TO STRENGTHEN THE ECONOMY AND THE MONETARY AND FINANCIAL SYSTEM. 6) DRAFTING THE DEVELOPMENT PLANS OF THE STATE AND ADOPTING MEASURES FOR THEIR IMPLEMENTATION AND EXECUTION. 7) DISCUSSING AND NEGOTIATING FOR THE PURPOSE OF OBTAINING OR GRANTING DOMESTIC OR FOREIGN LOANS. 8) ADOPTING MEASURES TO ENSURE PUBLIC ORDER AND SECURITY. 9) ADOPTING NECESSARY AND EFFECTIVE MEASURES TO ERADICATE ALL FORMS OF ADMINISTRATIVE CORRUPTION IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. 10) CONCLUDING AGREEMENTS WITH FOREIGN COUNTRIES AND ORGANIZATIONS IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. 11) PERFORMING THE DUTIES ENTRUSTED TO THE GOVERNMENT BY THIS CONSTITUTION. ARTICLE NINETY TWO: THE GOVERNMENT SHALL PROMULGATE REGULATIONS TO ORGANIZE ITS AFFAIRS ON THE BASIS OF THE LAW. THESE REGULATIONS CANNOT BE REPUGNANT TO THE LETTER OR THE SPIRIT OF THE LAW. ARTICLE NINETY THREE: EXCEPT IN CASES DEFINED IN ARTICLE THIRTY SIX OF THIS CONSTITUTION, THE, VICE PRESIDENT OR VICE PRESIDENTS OF THE REPUBLIC AND THE MINISTERS, DURING THEIR TENURE, SHALL NOT CONDUCT ANY TRANSACTION FOR PROFIT WITH THE STATE. ARTICLE NINETY FOUR: THE VICE PRESIDENT OR VICE PRESIDENT OF THE REPUBLIC SHALL BE RESPONSIBLE TO THE PRESIDENT OF THE REPUBLIC, THE CENTRAL COUNCIL OF THE PARTY AND THE MELI JIRGA IN RESPECT TO THE PERFORMANCE OF THEIR DUTIES. ARTICLE NINETY FIVE: AN ACCUSATION OF OFFENSE AGAINST THE VICE PRESIDENT OR VICE PRESIDENTS OR AGAINST ANY OF THE MINISTERS CAN BE REQUESTED BY ONE THIRD OF THE MEMBERS OF THE MELI JIRGA. SUCH A REQUEST CAN BE APPROVED ONLY BY A TWO THIRDS MAJORITY VOTE OF THE MEMBERS OF THE MELI JIRGA. THE ACCUSED SHALL BE REMOVED FROM OFFICE AFTER SUCH AN APPROVAL. THE TRIAL OF THE ACCUSED SHALL BE CONDUCTED BEFORE A SPECIAL COURT. THE COMPOSITION OF THE COURT AND ITS TRIAL PROCEDURE AND THE PUNISHMENT SHALL BE REGULATE SEPARATELY BY A SPECIAL LAW. CHAPTER NINE THE JUDICIARY ARTICLE NINETY SIX: THE JUDICIAL POWER IS AN ORGAN OF THE STATE AND CONSISTS OF THE SUPREME COURT AND OTHER COURTS THE NUMBER OF WHICH SHALL BE DETERMINED BY LAW. THE MAIN OBJECTIVE OF THE LAWS SHALL BE THE UNIFORMITY OF JUDICIAL PRACTICE AND THE REGULATION OF THE ORGANIZATION AND JURISDICTION OF THE COURTS AND TRIAL PROCEDURE. ARTICLE NINETY SEVEN: IT IS WITHIN THE JURISDICTION OF THE JUDICIARY TO ADJUDICATE IN ALL LITIGATIONS WHICH ARE BROUGHT BEFORE IT IN ACCORDING TO THE PROVISIONS OF THE LAW, AND IN WHICH REAL OR LEGAL PERSONS, INCLUDING THE STATE, ARE INVOLVED EITHER AS PLAINTIFF OR DEFENDANT. ARTICLE NINETY EIGHT: UNDER NO CIRCUMSTANCES EXCEPT WAR SHALL A CASE OR SPHERE OF COMPETENCE BE EXCLUDED FROM THE JURISDICTION OF THE JUDICIAL POWER OF THE STATE, AS DEFINED IN THIS CHAPTER, AND BE ASSIGNED TO OTHER AUTHORITIES. THIS PROVISION SHALL NOT PREVENT THE ESTABLISHMENT OF MILITARY COURTS; BUT THE JURISDICTION OF THESE COURTS SHALL BE CONFINED TO OFFENSES RELATING TO THE ARMED FORCES OF AFGHANISTAN. THE ORGANIZATION AND JURISDICTION OF THE MILITARY COURTS SHALL BE REGULATED BY LAW. ARTICLE NINETY NINE: THE COURTS, IN CASES UNDER THEIR CONSIDERATION, SHALL APPLY THE PROVISIONS OF THIS CONSTITUTION AND THE LAWS OF THE STATE. WHENEVER NO PROVISION EXISTS IN THE CONSTITUTION OR IN THE LAWS OF THE STATE FOR A CASE OR CASES UNDER CONSIDERATION, THE COURTS, BY FOLLOWING THE BASIC PRINCIPLES OF THE HANAFI JURISPRUDENCE OR THE SHARIAT OF ISLAM AND WITHIN THE LIMITATIONS SET FORTH IN THIS CONSTITUTION, SHALL RENDER A JUDGMENT THAT IN THEIR OPINION SECURES JUSTICE IN THE BEST POSSIBLE WAY. ARTICLE ONE HUNDRED: THE JUDGES SHALL BE APPOINTED BY THE PRESIDENT OF THE REPUBLIC UPON THE RECOMMENDATION OF THE CHIEF JUSTICE. ARTICLE ONE HUNDRED AND ONE: THE DISMISSAL OF JUDGES ON THE GROUND OF COMMITTING AN OFFENSE SHALL BE DONE WITH THE APPROVAL OF THE PRESIDENT OF THE REPUBLIC UPON RECOMMENDATION OF THE SUPREME COURT. WHENEVER A JUDGE IS ACCUSED OF COMMITTING AN OFFENSE, THE SUPREME COURT SHALL CONSIDER THE CASE OF THE JUDGE ACCORDING TO THE PROVISIONS OF THE LAW AND AFTER HEARING HIS DEFENSE, SHOULD THE SUPREME COURT FIND THE ACCUSATION TO BE SUSTAINED, IT WILL RECOMMEND HIS DISMISSAL TO THE PRESIDENT OF THE REPUBLIC; WITH ITS APPROVAL BY THE PRESIDENT OF THE REPUBLIC, THE JUDGE SHALL BE DISMISSED FROM OFFICE AND BE PUNISHED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE ONE HUNDRED AND TWO: THE TRANSFER, PROMOTION, RETIREMENT, ACCEPTANCE OF THE RESIGNATION AND THE CALLING TO ACCOUNT OF THE JUDGES SHALL BE DONE BY THE SUPREME COURT IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. ARTICLE ONE HUNDRED AND THREE: APPROPRIATE SALARIES FOR THE JUDGES SHALL BE FIXED BY LAW. ARTICLE ONE HUNDRED AND FOUR: EXCEPT IN CASES DEFINED IN ARTICLE THIRTY SEVEN OF THIS CONSTITUTION, DURING THE TENURE OF THEIR OFFICE, THE MEMBERS OF THE SUPREME COURT AND THE CHIEF JUSTICE CANNOT CONDUCT ANY TRANSACTION FOR PROFIT WITH THE STATE. ARTICLE ONE HUNDRED AND FIVE: IN THE COURTS OF AFGHANISTAN TRIALS SHALL BE HELD OPENLY, AND EVERYONE HAS THE RIGHT TO ATTEND IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE ENFORCEMENT OF FINAL DECISIONS OF THE COURTS IS OBLIGATORY, EXCEPT IN THE CASE OF DEATH SENTENCE IN WHICH INSTANCE THE EXECUTIVE OF THE JUDGMENT OF THE HIGHEST COURT SHALL BE SUBJECT TO THE ENDORSEMENT OF THE PRESIDENT OF THE REPUBLIC. THE COURTS ARE BOUND TO STATE THE REASONS FOR THEIR DECISIONS IN THE JUDGMENTS THAT THEY PASS. ARTICLE ONE HUNDRED AND SIX: THE DETECTION OF CRIMES BY THE POLICE, AND THE INVESTIGATION, PURSUIT, AND PROSECUTION THEREOF BY THE ATTORNEY GENERAL,WHO ARE PART OF THE EXECUTIVE ORGAN, SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE DETECTION AND INVESTIGATION OF CRIMES RELATING TO THE ARMED FORCES OF AFGHANISTAN SHALL BE REGULATED BY SPECIAL LAW. ARTICLE ONE HUNDRED AND SEVEN: THE SUPREME COURT IS COMPOSED OF NINE JUSTICES WHO SHALL BE APPOINTED BY THE PRESIDENT OF THE REPUBLIC. A MEMBER OF THE SUPREME COURT MUST POSSESS THE FOLLOWING QUALIFICATIONS: 1) HAVE ATTAINED THE AGE OF THIRTY FIVE. 2) HAVE ACQUIRED THE CITIZENSHIP OF THE STATE OF AFGHANISTAN AT LEAST TEN YEARS PRIOR TO THE DATE OF APPOINTMENT. 3) NOT HAVE BEEN SENTENCED BY A COURT WITH DEPRIVATION OF POLITICAL RIGHTS. 4) HAVE SUFFICIENT KNOWLEDGE OF NATIONAL OBJECTIVES, LEGAL SCIENCE AND THE LEGAL SYSTEM OF AFGHANISTAN. THE PRESIDENT OF THE REPUBLIC SHALL APPOINT ONE OF THE MEMBERS OF THE SUPREME COURT, WHO MUST NOT BE UNDER FORTY YEARS OF AGE, AS THE CHIEF JUSTICE. THE PRESIDENT OF THE REPUBLIC CAN REVIEW THE APPOINTMENT OF THE MEMBERS OF THE SUPREME COURT AND THE CHIEF JUSTICE AFTER FIVE YEARS OF THEIR APPOINTMENT TO THE SAID OFFICES. SUBJECT TO THIS PROVISION, THE MEMBERS OF THE SUPREME COURT AND THE CHIEF JUSTICE SHALL NOT BE REMOVED FROM THEIR OFFICES BY ANY OTHER MEANS EXCEPT IN THE CASE OF ARTICLE ONE HUNDRED AND ELEVEN OF THIS CONSTITUTION. ARTICLE ONE HUNDRED AND EIGHT: THE MEMBERS OF THE SUPREME COURT AND THE CHIEF JUSTICE, BEFORE ASSUMING OFFICE, SHALL TAKE THE FOLLOWING OATH IN THE PRESENCE OF THE PRESIDENT OF THE REPUBLIC: 'IN THE NAME OF GOD, THE ALMIGHTY, I SWEAR TO DISCHARGE MY JUDICIAL DUTIES WITH UTMOST HONESTY AND INTEGRITY; TO SECURE TRUTH AND JUSTICE WITH REGARD FOR THE BASIC PRINCIPLES OF THE SACRED RELIGION OF ISLAM, AND OTHER PROVISIONS AND VALUES EMBODIED IN THE CONSTITUTION OF THE REPUBLIC OF AFGHANISTAN; TO BE CONSCIOUS OF THE OMNIPRESENCE OF THE ALMIGHTY IN THE PERFORMANCE OF ALL MY DUTIES AND TO PROTECT THE RIGHTS OF THE PEOPLE AND THE HOMELAND IN THE INTEREST OF JUSTICE.' ARTICLE ONE HUNDRED AND NINE: EXCEPT IN THE CASE DEFINED IN ARTICLE ONE HUNDRED ELEVEN OF THIS CONSTITUTION, THE MEMBERS OF THE SUPREME COURT AND THE CHIEF JUSTICE, AFTER THEIR TERM OF SERVICE, LEGALLY EXPIRES, SHALL ENJOY FOR THE REST OF THEIR LIVES ALL THE FINANCIAL PRIVILEGES OF THEIR TERM OF SERVICE. ARTICLE ONE HUNDRED AND TEN: EVERY MEMBER OF THE SUPREME COURT AND THE CHIEF JUSTICE MAY RESIGN ACCORDING TO THE PROVISIONS OF THE LAW. THE RESIGNATION OF THE MEMBERS OF THE SUPREME COURT AND THE CHIEF JUSTICE SHALL BECOME EFFECTIVE FROM THE DATE OF ITS APPROVAL BY THE PRESIDENT OF THE REPUBLIC. THE CHIEF JUSTICE OR THE MEMBER OF THE SUPREME COURT WHO HAS RESIGNED, CANNOT BENEFIT FROM THE FINANCIAL PRIVILEGE EMBODIED IN ARTICLE ONE HUNDRED AND NINE OF THIS CONSTITUTION. THE RESTRICTIONS MENTIONED IN THE LAST SECTION OF ARTICLE ONE HUNDRED AND NINE SHALL BE APPLICABLE TO THE MEMBER OF THE SUPREME COURT OR THE CHIEF JUSTICE WHO HAS RESIGNED. ARTICLE ONE HUNDRED AND ELEVEN: SHOULD ONE THIRD OF THE MEMBERS OF THE MELI JIRGA REQUEST THE IMPEACHMENT OF THE CHIEF JUSTICE OR OF ONE OR MORE OF THE MEMBERS OF THE SUPREME COURT ON A CHARGE OF AN OFFENSE ARISING FROM THE PERFORMANCE OF HIS DUTIES, AND SHOULD THE MELI JIRGA APPROVE THIS REQUEST BY A MAJORITY OF TWO THIRDS OF ITS MEMBERS, THE ACCUSED SHALL BE RELIEVED OF HIS OFFICE. THE MELI JIRGA SHALL APPOINT ONE OF ITS MEMBERS TO FILE A SUIT AND SHALL APPOINT A PANEL OF EIGHT PERSONS TO ACT AS TRIBUNAL. THIS PANEL, PRESIDED OVER BY THE PRESIDENT OF THE MELI JIRGA, SHALL TRY THE ACCUSED IN ACCORDANCE WITH THE PROCEDURE OF A CRIMINAL COURT AND, IF PROVED GUILTY, THE ACCUSED SHALL BE DISMISSED FROM OFFICE AND SENTENCED TO PUNISHMENT. ARTICLE ONE HUNDRED AND TWELVE: THE SUPREME COURT SHALL REGULATE THE ORGANIZATION AND FUNCTIONS OF THE COURTS AND THE JUDICIAL AFFAIRS OF THE STATE IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION AND THE LAWS. EXCEPT IN CASES DEFINED IN THIS CONSTITUTION, THE JUDICIAL AND ADMINISTRATIVE JURISDICTION OF THE SUPREME COURT SHALL BE REGULATED BY LAW. THE SUPREME COURT SHALL ADOPT NECESSARY MEASURES TO ORGANIZE THE ADMINISTRATIVE AFFAIRS OF THE COURTS. THE BUDGET OF THE JUDICIAL ORGAN SHALL BE PREPARED BY THE CHIEF JUSTICE IN CONSULTATION WITH THE GOVERNMENT AND SHALL BE SUBMITTED BY THE GOVERNMENT TO THE MELI JIRGA AS A PART OF THE STATE BUDGET. THE IMPLEMENTATION OF THE JUDICIARY BUDGET SHALL BE WITHIN THE JURISDICTION OF THE SUPREME COURT. THE SUPREME COURT MAY DRAFT LAWS IN THE SPHERE OF ORGANIZING THE JUDICIAL AFFAIRS AND SUBMIT THEM TO THE MELI JIRGA IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE SIXTY TWO OF THIS CONSTITUTION. ARTICLE ONE HUNDRED AND THIRTEEN: THE PROVISIONS OF THE LAWS CONCERNING CIVIL SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES OF THE STATE SHALL BE APPLICABLE TO THE CIVIL SERVANTS AND OTHER ADMINISTRATIVE EMPLOYEES OF THE JUDICIARY ORGAN; BUT THEIR APPOINTMENT, PROMOTION, THE ACCEPTANCE OF THEIR RESIGNATIONS, THEIR CALLING TO ACCOUNT AND RETIREMENT SHALL BE ADMINISTERED BY THE SUPREME COURT. CHAPTER TEN EMERGENCY ARTICLE ONE HUNDRED AND FOURTEEN: WHENEVER WAR, THE DANGER OF WAR, REBELLION OR ANY SIMILAR SITUATION WHICH MAY THREATEN THE COUNTRY, DISRUPTS THE PRESERVATION OF INDEPENDENCE, NATIONAL LIFE, OR SECURITY IN SUCH A WAY AS TO RENDER THEM IMPOSSIBLE TO SECURE THROUGH THE CHANNEL PROVIDED FOR IN THIS CONSTITUTION, A STATE OF EMERGENCY SHALL BE DECLARED BY THE PRESIDENT OF THE REPUBLIC. SHOULD THE STATE OF EMERGENCY CONTINUE FOR MORE THAN FOUR MONTH, THE AGREEMENT OF THE MELI JIRGA IS IMPERATIVE FOR ITS EXTENSION. ARTICLE ONE HUNDRED AND FIFTEEN: IN A STATE OF EMERGENCY, THE PRESIDENT OF THE REPUBLIC MAY TRANSFER ALL OR PART OF THE POWERS OF THE MELI JIRGA TO THE GOVERNMENT. ARTICLE ONE HUNDRED AND SIXTEEN: IN A STATE OF EMERGENCY THE PRESIDENT OF THE REPUBLIC, SUBJECT TO THE PROVISIONS OF ARTICLE NINETY EIGHT OF THIS CONSTITUTION, MAY TRANSFER A PART OF THE JURISDICTION OF THE JUDICIARY TO MILITARY COURTS. ARTICLE ONE HUNDRED AND SEVENTEEN: IN A STATE OF EMERGENCY THE GOVERNMENT, WITH THE AGREEMENT OF THE SUPREME COURT MAY, BY PRESIDENTIAL DECREE, SUSPEND OR IMPOSE RESTRICTION UPON THE FOLLOWING PROVISIONS OF THE CONSTITUTION: 1) THE PROVISIONS OF SECTION FIVE OF ARTICLE THIRTY; 2) THE PROVISIONS OF SECTION ONE OF ARTICLE THIRTY FIVE; 3) THE PROVISIONS OF SECTIONS THREE AND FOUR OF ARTICLE THIRTY SIX; 4) THE PROVISIONS OF SECTION TWO OF ARTICLE THIRTY SEVEN; AND, 5) THE PROVISIONS OF ARTICLE THIRTY NINE. ARTICLE ONE HUNDRED AND EIGHTEEN: IN A STATE OF EMERGENCY THE PRESIDENT OF THE REPUBLIC MAY TRANSFER THE CAPITAL OF AFGHANISTAN TO A PLACE OTHER THAN THE CITY OF KABUL. ARTICLE ONE HUNDRED AND NINETEEN: SHOULD THE TERM OF OFFICE OF THE MEMBERS OF THE MELI JIRGA COME TO AN END DURING A STATE OF EMERGENCY, THE PRESIDENT OF THE REPUBLIC MAY POSTPONE THE HOLDING OF NEW ELECTIONS AND EXTEND THE TERM OF OFFICE OF THE MEMBERS OF THE MELI JIRGA UNTIL THE STATE OF EMERGENCY IS OVER. ELECTIONS SHALL BE HELD IMMEDIATELY AFTER THE TERMINATION OF THE STATE OF EMERGENCY. ARTICLE ONE HUNDRED AND TWENTY: IN A STATE OF EMERGENCY THE CONSTITUTION SHALL NOT BE AMENDED. CHAPTER ELEVEN AMENDMENT ARTICLE ONE HUNDRED AND TWENTY ONE: THE PRINCIPLE OF ADHERENCE TO THE BASIC PRINCIPLES OF ISLAM, AND THE REPUBLICAN ORDER, IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, SHALL NOT BE AMENDED. AMENDING OTHER PROVISIONS OF THE CONSTITUTION, IN VIEW OF EXPERIENCE AND THE REQUIREMENTS OF THE TIME, SHALL TAKE PLACE IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER ON THE PROPOSAL OF THE GOVERNMENT, OR OF THE CENTRAL COUNCIL OF THE PARTY, OR OF ONE THIRD OF THE MELI JIRGA. ARTICLE ONE HUNDRED AND TWENTY TWO: THE PROPOSAL FOR AMENDMENT SHALL BE CONSIDERED BY THE LOYA JIRGA AND SHOULD A MAJORITY OF ITS MEMBERS APPROVE THE NECESSITY OF AMENDMENT, THE JIRGA SHALL APPOINT FROM AMONGST ITS MEMBERS A COMMITTEE TO PREPARE THE DRAFT AMENDMENT. THIS COMMITTEE SHALL DRAFT THE AMENDMENT IN CONSULTATION WITH THE GOVERNMENT AND THE SUPREME COURT AND SUBMIT IT TO THE LOYA JIRGA. SHOULD THE DRAFT AMENDMENT BE APPROVED BY A MAJORITY OF THE MEMBERS OF THE LOYA JIRGA, IT SHALL COME INTO FORCE AFTER SIGNATURE AND PROCLAMATION BY THE PRESIDENT OF THE REPUBLIC. CHAPTER TWELVE TRANSITIONAL PROVISIONS ARTICLE ONE HUNDRED AND TWENTY THREE: WITH THE ENFORCEMENT OF THE CONSTITUTION THE PRESIDENT OF THE REPUBLIC SHALL ISSUE A DECREE THEREBY DISSOLVING THE GOVERNMENT AND HE SHALL FORM A NEW GOVERNMENT IN CONFORMITY WITH THE SPIRIT OF THIS CONSTITUTION OF THE REPUBLICAN STATE. ARTICLE ONE HUNDRED AND TWENTY FOUR: THE PRESIDENT OF THE REPUBLIC SHALL CONVENE THE MELI JIRGA, I ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, ON THE FIRST OF QAWS, 1358, AH. THE PERIOD BETWEEN THE ENFORCEMENT OF THIS CONSTITUTION AND THE INAUGURATION OF THE MELI JIRGA SHALL BE CONSIDERED THE TRANSITIONAL PERIOD. DURING THE TRANSITIONAL PERIOD THE POWERS OF THE MELI JIRGA SHALL BELONG TO THE GOVERNMENT. ARTICLE ONE HUNDRED AND TWENTY FIVE: WHENEVER DURING THE TRANSITIONAL PERIOD ANY SITUATION SHOULD ARISE WHICH, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE SIXTY SEVEN OF THIS CONSTITUTION, REQUIRES THE CONVENING OF THE LOYA JIRGA, THE PRESIDENT OF THE REPUBLIC SHALL ISSUE A PROCLAMATION CONVENING THE LOYA JIRGA. IN THESE CIRCUMSTANCES THE RESIDENT OF THE REPUBLIC SHALL HAVE ALL THE POWERS OF THE LOYA JIRGA UNTIL IT IS CONVENED. IMMEDIATELY AFTER THE INAUGURATION OF THE LOYA JIRGA, THE PRESIDENT OF THE REPUBLIC SHALL INFORM THE LOYA JIRGA OF THE ACTIONS TAKEN IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, AND THE LOYA JIRGA SHALL ADOPT DECISIONS THEREON. IF DURING THE OCCURRENCE OF ANY OF THE ABOVE MENTIONED CIRCUMSTANCES, THE CENTRAL COUNCIL OF THE PARTY OR THE HIGH COUNCIL OF THE ARMED FORCES OR THE SUPREME COURT IS NOT CONSTITUTED IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, THE LOYA JIRGA SHALL BE CONVENED IN THE TRADITIONAL MANNER. ARTICLE ONE HUNDRED AND TWENTY SIX: THE PRESIDENT OF THE REPUBLIC, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE ONE HUNDRED AND SEVEN OF THIS CONSTITUTION, SHALL PROCLAIM THE ESTABLISHMENT OF THE SUPREME COURT ON THE FIRST OF SARATAN, 1357 AH. DURING THE PERIOD BETWEEN THE ENFORCEMENT OF THIS CONSTITUTION AND THE ESTABLISHMENT OF THE SUPREME COURT, THE PRESIDENT OF THE REPUBLIC SHALL ADOPT NECESSARY MEASURES TO ENSURE THE PERFORMANCE OF THE FUNCTIONS OF THE SUPREME COURT. ARTICLE ONE HUNDRED AND TWENTY SEVEN: ORDINANCES ENFORCED DURING THE TRANSITIONAL PERIOD SHALL BE PRESENTED FOR DECISION TO THE FIRST SESSION OF THE MELI JIRGA WITHIN THIRTY DAYS OF ITS CONVENING. ARTICLE ONE HUNDRED AND TWENTY EIGHT: DURING THE TRANSITIONAL PERIOD THE GOVERNMENT HAS THE DUTY TO PREPARE ORDINANCES RELATING TO THE MELI JIRGA ELECTIONS, THE PRESS, ASSEMBLY AND THE BASIC ORGANIZATION OF THE STATE, AND TO SUBMIT THEM FOR SIGNATURE BY THE PRESIDENT OF THE REPUBLIC. ARTICLE ONE HUNDRED AND TWENTY NINE: DURING THE TRANSITIONAL PERIOD THE GOVERNMENT SHALL ADOPT NECESSARY MEASURES TO COORDINATE THE PERFORMANCE, AND THE IMPLEMENTATION AND EXECUTION OF THE PROGRAM OF THE STATE IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION. ARTICLE ONE HUNDRED AND THIRTY: DURING THE TRANSITIONAL PERIOD THE PRESIDENT OF THE REPUBLIC SHALL ENFORCE AND PROCLAIM IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE FORTY OF THIS CONSTITUTION THE CHARTER OF HEZB-E-ENQELAB-E-MELI, WHICH IS THE FOUNDER AND VANGUARD OF THE NATIONAL AND PROGRESSIVE REVOLUTION OF SARATAN 26, OF THE YEAR 1352 OF THE PEOPLE OF AFGHANISTAN, AS THE FIRST PARTY. ARTICLE ONE HUNDRED AND THIRTY ONE: DURING THE TRANSITION PERIOD THE PRESIDENT OF THE REPUBLIC SHALL ESTABLISH AND PROCLAIM THE HIGH COUNCIL OF THE ARMED FORCES. ARTICLE ONE HUNDRED AND THIRTY TWO: DURING THE TRANSITIONAL PERIOD, THE PRESIDENT OF THE REPUBLIC HAS THE POWER TO ANTICIPATE BY DECREE, THE FORMATION OF AN INTERIM COUNCIL OF THE OFFICE OF THE PRESIDENCY, FOR THE PERFORMANCE OF THE FUNCTIONS OF THE PRESIDENT IN THE EVENT OF HIS DEATH. THE INTERIM COUNCIL OF THE OFFICE OF THE PRESIDENCY IS BOUND TO CONVENE THE LOYA JIRGA IN THE TRADITIONAL MANNER, FOR THE ELECTION OF THE NEW PRESIDENT OF THE REPUBLIC WITHIN TEN DAYS FROM THE DATE OF DEMISE. CHAPTER THIRTEEN GENERAL PROVISIONS ARTICLE ONE HUNDRED AND THIRTY THREE: THE FIRST LOYA JIRGA TO BE CONVENED UNDER THE REPUBLICAN ORDER ON THE 10TH OF DALW 1355 AH IN KABUL, THE CAPITAL OF AFGHANISTAN, SHALL ELECT WITH A TWO THIRDS MAJORITY VOTE OF ITS MEMBERS THE FIRST PRESIDENT OF THE REPUBLIC OF AFGHANISTAN FOR A TERM OF SIX YEARS. ARTICLE ONE HUNDRED AND THIRTY FOUR: OFFERS OF THE ARMED FORCES, THE POLICE, AND THE OFFICIALS OF THE MINISTRY FOR FOREIGN AFFAIRS, THEMSELVES AND THEIR SPOUSES MUST BE BORN OF AFGHAN PARENTS. ARTICLE ONE HUNDRED AND THIRTY FIVE: THE COMPETENT AUTHORITY FOR THE INTERPRETATION OF THIS CONSTITUTION SHALL BE THE SUPREME CURT. ARTICLE ONE HUNDRED AND THIRTY SIX: WITH THE ENFORCEMENT OF THIS CONSTITUTION, THE FORMER CONSTITUTION AND REPUBLICAN DECREES NUMBER ONE, TWO AND THREE, DATED ASSAD 4, 1352 SHALL BE ABROGATED, THE PROVISIONS OF THE LAWS ISSUED PRIOR TO THE ENFORCEMENT OF THIS CONSTITUTION SHALL BE EFFECTIVE PROVIDED THEY ARE NOT REPUGNANT TO THE PROVISIONS AND VALUES OF THIS CONSTITUTION. THE CONSTITUTION OF AFGHANISTAN 1988 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 ANTINATIONAL 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 ALLROUND 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. THE CONSTITUTION OF AFGHANISTAN 1990 IN THE NAME OF ALLAH, THE BENEFICENT, THE MERCIFUL THE PRIDEFUL HISTORY OF OUR BELOVED HOMELAND, AFGHANISTAN IS ENRICHED, WITH THE HEROIC STRUGGLE OF OUR BRAVE PEOPLE FOR INDEPENDENCE, NATIONAL UNITY, DEMOCRACY AND SOCIAL PROGRESS. AT THE PRESENT STAGE THE STATE OF THE REPUBLIC OF AFGHANISTAN IS ACTIVELY CARRYING ON THE POLICY OF NATIONAL RECONCILIATION RELYING ON THE SUPPORT OF NATIONAL, POLITICAL AND PATRIOTIC FORCES. THEREFORE, KEEPING IN MIND THE HISTORIC CHANGES THAT HAVE TAKEN SHAPE IN OUR HOMELAND AND IN OUR CONTEMPORARY WORLD, ADHERING TO THE PRINCIPLES OF THE SACRED RELIGION OF ISLAM, ABIDING BY THE ACCEPTED AFGHAN TRADITIONS AND RITUALS, RELYING UPON THE REALITIES OF THE COUNTRY'S HISTORY AND CULTURE, RESPECTING THE VALUABLE HERITAGES OF THE CONSTITUTIONALIST MOVEMENT AND IN CONFORMITY WITH THE CHARTER OF THE UNITED NATIONS AND THE UNIVERSAL DECLARATION OF HUMAN RIGHTS, AND FOR THE PURPOSE OF: PRESERVING THE INDEPENDENCE, DEFENDING THE TERRITORIAL INTEGRITY AND STRENGTHENING THE NATIONAL SOVEREIGNTY; ACHIEVING COUNTRYWIDE PEACE AND DEEPENING NATIONAL UNITY; SECURING JUSTICE AND DEMOCRACY; SOCIOECONOMIC RECONSTRUCTION AND BALANCED GROWTH AND ENHANCING THE PEOPLE'S LIVING STANDARDS; PROMOTING THE ROLE AND PRESTIGE OF THE COUNTY IN THE INTERNATIONAL ARENA; CREATING FAVOURABLE CONDITIONS FOR DETERMINING THE LEGAL STATUS OF PERMANENT NEUTRALITY OF AFGHANISTAN AND ITS DEMILITARIZATION; WE, THE REPRESENTATIVES OF THE PEOPLE OF AFGHANISTAN TO THE LOYA JIRGA, OF TWENTY EIGHT AND TWENTY NINTH OF MAY, ONE THOUSAND NINE HUNDRED AND NINETY AMENDED AS FOLLOWS THE CONSTITUTION RATIFIED BY THE LOYA JIRGA OF NOVEMBER THIRTY, ONE THOUSAND NINE HUNDRED AND EIGHTY SEVEN WHICH COMPRISED THIRTEEN CHAPTERS AND ONE HUNDRED AND FORTY NINE ARTICLES. CHAPTER ONE FOUNDATIONS OF THE POLITICAL SYSTEM ARTICLE ONE: THE REPUBLIC OF AFGHANISTAN IS AN INDEPENDENT, UNITARY AND INDIVISIBLE AND ISLAMIC STATE, HAVING SOVEREIGNTY OVER THE WHOLE OF ITS TERRITORY. NATIONAL SOVEREIGNTY IN THE REPUBLIC OF AFGHANISTAN BELONGS TO THE PEOPLE. THE PEOPLE EXERCISE NATIONAL SOVEREIGNTY THROUGH LOYA JIRGA AND NATIONAL ASSEMBLY. 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 THE FUNDAMENTAL DUTY OF THE STATE. THE STATE ENSURES THE SECURITY AND DEFENSE CAPABILITY OF THE COUNTRY AND EQUIPS THE ARMED FORCES. ARTICLE FIVE: POLITICAL PLURALISM IS THE BASIS OF THE POLITICAL SYSTEM OF THE REPUBLIC OF AFGHANISTAN. IN THE REPUBLIC OF AFGHANISTAN, POLITICAL PARTIES ARE ALLOWED TO BE FORMED, PROVIDED THEIR PLATFORM, CHARTER AND ACTIVITIES ARE NOT OPPOSED TO THE PROVISIONS OF THIS CONSTITUTION AND THE LAWS OF THE COUNTRY. THE ORGANIZATION AND FINANCIAL RESOURCES OF A POLITICAL PARTY CANNOT BE COVERT. A PARTY FORMED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW CANNOT BE DISSOLVED WITHOUT LEGAL CAUSE. JUDGES AND ATTORNEYS CANNOT BE MEMBERS OF A POLITICAL PARTY DURING THE TERMS OF THEIR OFFICE. ARTICLE SIX: THIS ARTICLE IS ABOLISHED ARTICLE SEVEN: THE FORMATION OF SOCIAL ORGANIZATIONS ARE ALLOWED IN THE REPUBLIC OF AFGHANISTAN IN ACCORDANCE WITH THE LAW. 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, ENCORED IN TWO SHEAVES OF WHEAT 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. CHAPTER TWO FOUNDATIONS OF SOCIO ECONOMIC SYSTEM ARTICLE TWELVE: THIS ARTICLE IS ABOLISHED. 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 THE UPBRINGING OF CHILDREN. ARTICLE SIXTEEN: THE STATE SHALL TAKES PERMANENT 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 SOCIO ECONOMIC STRUCTURE OF THE SOCIETY. TOWARDS THIS END, THE STATE SHALL FORMULATE AND PUT INTO PRACTICE SOCIO ECONOMIC DEVELOPMENTS PLANS. ARTICLE NINETEEN: IN THE REPUBLIC OF AFGHANISTAN, STATE, MIXED, COOPERATIVE, TRUST, PRIVATE AND PERSONAL PROPERTY AS WELL AS PROPERTIES OF POLITICAL AND SOCIAL ORGANIZATIONS EXIST. PROPERTY IS SAFE OF ANY INTRUSION. THE STATE PROTECTS ALL FORMS OF LEGAL PROPERTIES. ARTICLE TWENTY: IN THE REPUBLIC OF AFGHANISTAN, MINERAL RESOURCES, FORESTS, PASTURES AND MINES, BASIC ENERGY RESOURCES, HISTORIC RELICS, RADIO TELEVISION AND COMMUNICATIONS' FACILITIES, MAJOR DAMS, PORTS AND TRANSPORT WAYS, SHALL BE STATE PROPERTY. PRIVATE INVESTMENT IS ALLOWED, IN ACCORDANCE WITH THE LAW, FOR MAKING USE OF FORESTS, PASTURES, ENERGY RESOURCES, MINES, AND PURCHASE AND SALE OF MEANS OF COMMUNICATIONS. IN THE REPUBLIC OF AFGHANISTAN, BESIDES STATE RUN BANKS, INSURANCE INSTITUTIONS AND AIR TRANSPORT, THE FORMATION OF STOCK BONDS, AND MIXED INSURANCE INSTITUTIONS AND AIR TRANSPORT ARE ALLOWED IN ACCORDANCE WITH THE LAW. IN THE REPUBLIC OF AFGHANISTAN, THE FUNCTIONING OF THE AGENCIES OF FOREIGN BANKS AND INSURANCE INSTITUTIONS ARE ALLOWED (IN) ACCORDANCE WITH THE LAW. 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 ALL-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: WITH A VIEW TO REVIVING AND DEVELOPING AGRICULTURE, THE STATES GIVES SUPPLEMENTARY AGRICULTURAL AID TO THE PEASANTS AND LAND HOLDERS AND RENDERS EFFECTIVE ASSISTANCE FOR THE CREATION OF MIXED AND PRIVATE AGRICULTURAL MECHANIZED FARMS AND 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 ALL ROUND 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 TWENTY SIX: THIS ARTICLE IS ABOLISHED. ARTICLE TWENTY SEVEN: FOR THE GROWTH OF NATIONAL ECONOMY, THE STATE ENCOURAGES FOREIGN INVESTMENT IN THE REPUBLIC OF AFGHANISTAN, IN ACCORDANCE WITH THE LAW. ARTICLE TWENTY EIGHT: IN THE REPUBLIC OF AFGHANISTAN, NO FOREIGN CITIZEN SHALL ENJOY THE RIGHT TO OWN IMMOVABLE PROPERTY. SUBJECT TO THE APPROVAL OF THE GOVERNMENT, IMMOVABLE PROPERTY 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 DECISION 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 BE CALLED 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 ARRESTED AND ACCUSED OF COMMITTING A CRIME UNLESS IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. NO PERSON CAN BE ARRESTED OR DETAINED, EXCEPT WITH THE PERMISSION OF THE COURT AND IN ACCORDANCE WITH THE LAW. NO ACT IS CONSIDERED A CRIME, EXCEPT AS PRESCRIBED BY LAW. NO PERSON SHALL BE ARRESTED AND ACCUSED OF COMMITTING A CRIME UNLESS IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. NO PERSON CAN BE DETAINED, EXCEPT WITH THE PERMISSION OF THE COURT AND 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 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 LAW. ARTICLE FORTY FIVE: IN THE REPUBLIC OF AFGHANISTAN, CONFIDENTIALITY OF CORRESPONDENCE, AND TELEPHONIC AND TELEGRAPHIC COMMUNICATIONS IS GUARANTEED. NO ONE, INCLUDING A STATE REPRESENTATIVE, SHALL INTERCEPT TELEPHONIC AND TELEGRAPHIC COMMUNICATIONS AND CONTROL CORRESPONDENCES 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 SOCIO POLITICAL 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. SURVEILLANCE 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 LABOUR LAWS, SHALL PROVIDE NECESSARY CONDITIONS FOR THE CITIZENS TO ENJOY THIS RIGHT. ARTICLE FIFTY THREE: IMPOSITION OF FORCED LABOUR IS FORBIDDEN. PERFORMANCE OF COMPULSORY LABOUR IN WAR TIME, NATURAL CALAMITY AND OTHER STATES OF EMERGENCY WHICH THREATEN PUBLIC LIFE AND ORDER 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 SPECIALIZATION, 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 PAY AND THE SPECIFICATIONS OF WORK DURING HOLIDAYS, FESTIVALS, IDS 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, TECHNICAL, PROFESSIONAL AND VOCATIONAL EDUCATION, AND GROWTH OF THE SYSTEM OF HIGHER EDUCATION FOR TRAINING NATIONAL CADRES. IN THE REPUBLIC OF AFGHANISTAN THE FORMATION OF EDUCATIONAL AND HIGHER EDUCATION INSTITUTIONS BY PRIVATE SECTOR AND FOREIGN PERSONS IS ALLOWED IN ACCORDANCE WITH THE LAW. 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 COUNTRYWIDE MEDICAL SERVICES, EXPANSION OF HOSPITALS, HEALTH CENTRES, TRAINING OF DOCTORS AND PERSONNEL FOR MEDICAL SERVICES, UNIVERSAL PREVENTION OF DISEASES, EXPANSION OF FREE HEALTH SERVICES, ARRANGEMENT OF PRIVATE MEDICAL SERVICES, IMPROVEMENT OF MATERIAL WELFARE OF THE AGED, 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 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 PROUD 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 LIBERTIES 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 SIXTYSIX: THE LOYA JIRGA CONSISTS OF: 1) THE PRESIDENT AND VICE-PRESIDENTS; 2) MEMBERS OF THE NATIONAL ASSEMBLY; 3) PRIME MINISTER, DEPUTY PRIME MINISTERS AND MEMBERS OF THE COUNCIL OF MINISTERS; 4) CHIEF JUSTICE AND DEPUTY CHIEF JUSTICES 5) ATTORNEY GENERAL; 6) CHAIRMAN OF THE CONSTITUTIONAL COUNCIL; 7) CHAIRMAN OF THE COUNCILS OF THE PROVINCES; 8) FROM EACH PROVINCE, EQUIVALENT TO THE NUMBER OF THEIR DEPUTIES TO THE WOLESI JIRGA (HOUSE OF REPRESENTATIVES), ELECTED BY THE PEOPLE THROUGH UNIVERSAL EQUAL, FREE, SECRET AND DIRECT BALLOT; 9) A MAXIMUM OF FIFTY PERSONS FROM AMONG PROMINENT POLITICAL, SCIENTIFIC, SOCIAL AND RELIGIOUS FIGURES TO BE APPOINTED BY THE PRESIDENT. 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 RIGHTS 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 NOMINATE THE PRIME MINISTER DESIGNATE TO FORM THE GOVERNMENT; 4) TO APPROVE THE APPOINTMENT OF PRIME MINISTER, DEPUTY PRIME MINISTER AND MINISTERS AFTER THEY RECEIVE THE VOTE OF CONFIDENCE FROM THE NATIONAL ASSEMBLY AND TO ACCEPT THEIR RESIGNATIONS; 5) TO CONVENE AND PRESIDE OVER THE SESSIONS OF THE COUNCIL OF MINISTERS WHEN NECESSARY; 6) TO DELEGATE THE POWER OF JUDGMENT AND TO ENDORSE THE APPOINTMENT, PROMOTION AND RETIREMENT OF HIGH-RANKING JUDGES, OFFICIALS AND OFFICERS IN ACCORDANCE WITH 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 OTHER COUNTRIES AND INTERNATIONAL ORGANIZATIONS; 10) ACCEPT THE CREDENTIALS OF THE HEADS OF DIPLOMATIC MISSIONS OF OTHER COUNTRIES TO THE REPUBLIC OF AFGHANISTAN; 11) TO PROCLAIM A STATE OF EMERGENCY, GENERAL AND PARTIAL MOBILIZATION AND THEIR TERMINATION; 12) TO DECLARE WAR AND ARMISTICE IN CONSONANCE WITH THE LOYA JIRGA; 13) TO AUTHORIZE THE ISSUE OF MONEY AND MONETARY REFORM, IN ACCORDANCE WITH THE LAW; 14) TO GRANT CITIZENSHIP AND ASYLUM IN ACCORDANCE WITH THE LAW; 15) TO GRANT HONOURARY ORDERS, MEDALS AND TITLES AS PER THE LAW; 16) TO APPROVE THE NATIONAL ANTHEM OF THE REPUBLIC OF AFGHANISTAN; 17) TO CANCEL THE LAWS AND OTHER LEGISLATIVE INSTRUMENTS WHOSE UNCONFORMITY WITH THE CONSTITUTION IS DETERMINED BY CONSTITUTIONAL COUNCIL; 18) TO CREATE THE PRESIDENTIAL ADMINISTRATIVE APPARATUS; 19) TO EXERCISE OTHER POWERS IN ACCORDANCE WITH THE LAW. THE PRESIDENT IS AUTHORIZED TO DELEGATE SOME OF HIS LEGAL POWERS TO THE VICE PRESIDENTS. ARTICLE SEVENTY SIX: THE PRESIDENT SHALL CONTINUE IN OFFICE TILL THE END OF HIS TERM EXCEPT IN THE EVENT OF PROTRACTED AND INCURABLE 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 NATIONAL ASSEMBLY ARTICLE SEVENTY SEVEN: THE NATIONAL ASSEMBLY (PARLIAMENT) IS THE HIGHEST LEGISLATIVE BODY OF THE REPUBLIC OF AFGHANISTAN. ARTICLE SEVENTY EIGHT: THE NATIONAL ASSEMBLY CONSISTS OF TWO HOUSES: HOUSE OF REPRESENTATIVES AND SENATE. ARTICLE SEVENTY NINE: THE PEOPLE'S DEPUTIES TO THE HOUSE OF REPRESENTATIVES SHALL BE ELECTED THROUGH GENERAL, EQUAL, FREE, SECRET AND DIRECT VOTING FOR A LEGISLATIVE TERM OF FIVE YEARS, IN ACCORDANCE WITH THE LAW. MEMBERS OF THE SENATE (SENATORS) ARE ELECTED AND APPOINTED IN THE FOLLOWING MANNER: 1) TWO PERSONS FROM EACH PROVINCE ELECTED BY THE PEOPLE FOR A PERIOD OF FIVE YEARS. 2) TWO PERSONS FROM AMONG THE MEMBERS OF EACH PROVINCIAL COUNCIL FOR A TERM OF THREE YEARS. 3) THE REMAINING ONE THIRD OF THE MEMBERS SHALL BE APPOINTED FOR A PERIOD OF FOUR YEARS BY THE PRESIDENT FROM AMONGST THE NATIONAL, CULTURAL, PERSONALITIES, KNOWLEDGEABLE 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 OR TO APPROVE THE ANNULMENT OF BILATERAL TREATIES AND RATIFY ACCESSION OR WITHDRAWAL FROM 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 THERE TO. 7) TO ESTABLISH AND ABOLISH MINISTRIES. 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 THE ESTABLISHMENT OF RELATIONS WITH OTHER COUNTRIES AND INTERNATIONAL ORGANIZATIONS. 12) TO ELICIT REPLIES FROM THE PRIME MINISTER AND OTHER MEMBERS OF THE GOVERNMENT CONCERNING PERFORMANCES 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 RELATIVE HOUSE. 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 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 HOUSE 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 OPENED, UNLESS THE HOUSES DECIDE TO MEET IN CLOSED SESSIONS. THE PROCEEDINGS OF THE DEBATES OF BOTH THE HOUSES SHALL BE RECORDED. ARTICLE EIGHTY NINE: EACH HOUSE OF THE NATIONAL ASSEMBLY SHALL SELECT FROM AMONG ITS MEMBERS STANDING COMMISSIONS FOR THE PRELIMINARY CONSIDERATION AND ARRANGEMENT OF THE ISSUES WITHIN ITS COMPETENCE. 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 QUESTION 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, AFTER OBTAINING THE PERMISSION OF THE CHAIRMAN OF THE SESSION, CAN ATTEND THE MEETINGS OF THE NATIONAL ASSEMBLY HAVING CONSULTATIVE VOTE.. 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. IN CASE THE INTRODUCTION, AMENDMENT AND THE ABOLITION OF LAW CAUSE INCREASE OF STATE'S SPENDINGS AND DECREASE ITS INCOMES, THE EARLIER AGREEMENT OF THE GOVERNMENT SHALL BE SOUGHT IN THIS RESPECT. ARTICLE NINETY FIVE: EXCEPT 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 DECISIONS OF ONE HOUSE IS REJECTED BY THE OTHER, A JOINT COMMITTEE OF EQUAL NUMBER OF MEMBERS OF EITHER HOUSE SHALL BE SET UP. THE DECISION OF THE JOINT COMMITTEE WHICH HAS BEEN ADOPTED ON THE BASIS OF TWO THIRDS OF VOTES OF THE COMMITTEE MEMBERS SHALL ENTER 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: 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 ENDORSE 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 CHAIRMAN OF THE CONSTITUTION COUNCIL, THE PRESIDENT CAN DECLARE THE DISSOLUTION OF THE HOUSE OF REPRESENTATIVES OR THE NATIONAL ASSEMBLY PRESENTING REASONS OF JUSTIFICATION. REELECTIONS SHALL BE HELD WITHIN THIRTY DAYS AFTER THE DISSOLUTION OF THE HOUSE OF REPRESENTATIVE OR THE NATIONAL ASSEMBLY. THE NEW HOUSE OF REPRESENTATIVES OR NATIONAL ASSEMBLY, CANNOT BE DISSOLVED ONE YEAR AFTER RE-ELECTION. THE HOUSE OF REPRESENTATIVES OR THE NATIONAL ASSEMBLY 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: PROCEDURES FOR FUNCTIONING OF THE SESSIONS OF THE NATIONAL ASSEMBLY AND ITS STANDING COMMISSIONS SHALL BE REGULATED BY THE RELATED SESSION, IN CONFORMITY WITH THE PROVISIONS OF THE ENFORCED LAWS. CHAPTER SEVEN COUNCIL OF MINISTERS ARTICLE ONE HUNDRED: THE COUNCIL OF MINISTERS (GOVERNMENT) IS THE HIGHEST EXECUTIVE BODY OF THE REPUBLIC OF AFGHANISTAN. THE COUNCIL OF MINISTERS IS COMPOSED OF: • PRIME MINISTER • DEPUTY PRIME MINISTER • MINISTERS 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) TO FORMULATE AND IMPLEMENT THE DOMESTIC AND FOREIGN POLICIES. 2) TO ENSURE THE EXECUTION OF MATTERS RELATING TO NATIONAL ECONOMY; TO FORMULATE THE SOCIO ECONOMIC DEVELOPMENT PLANS, PREPARE THE STATE BUDGET, IMPLEMENT PLANS AND BUDGET AND REPORT TO THE NATIONAL ASSEMBLY ON THEIR EXECUTION 3) TO ADOPT MEASURES FOR DEFENDING THE INTERESTS OF THE PUBLIC, TO PROTECT ALL FORMS OF LEGAL PROPERTIES, TO ENSURE PUBLIC ORDER AND SECURITY AND SAFEGUARD THE RIGHTS AND FREEDOMS OF THE CITIZENS. 4) TO GUIDE FOREIGN RELATIONS, ESTABLISHMENT OF DIPLOMATIC TIES AND TO CONCLUDE AGREEMENTS WITH OTHER STATES AND INTERNATIONAL ORGANIZATIONS ACCORDING TO LAW. 5) TO CREATE OFFICES AND ORGANS RELATED TO THE COUNCIL OF MINISTERS WITH THE APPROVAL OF THE PRESIDENT. 6) TO APPROVE REGULATIONS AND RULES WITHIN ITS POWERS ACCORDING TO LAW. 7) TO SUBMIT REGULATIONS, RULES AND RESOLUTIONS OF THE COUNCIL OF MINISTERS TO THE PRESIDENT. 8) TO EXECUTE OTHER POWERS ACCORDING TO LAW. 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 GOVERNMENT IS DISSOLVED UNDER THE FOLLOWING CONDITIONS: 1) RESIGNATION OF THE PRIME MINISTER. 2) INCURABLE AND LONG LASTING SICKNESS OR DEATH OF PRIME MINISTER. 3) WITHDRAWING THE VOTE OF CONFIDENCE BY THE HOUSE OF REPRESENTATIVES OF THE GOVERNMENT. 4) END OF LEGISLATIVE TERM OF THE HOUSE OF REPRESENTATIVES. 5) DISSOLUTION OF THE HOUSE OF REPRESENTATIVES OR NATIONAL ASSEMBLY. IN ALL THOSE CONDITIONS THE DISSOLVED GOVERNMENT SHALL CARRY ON ITS ACTIVITIES UNDER ONE OF THOSE PERSONS MENTIONED IN ARTICLE 100 OF THE CONSTITUTION AND WHO IS APPOINTED BY THE PRESIDENT. 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 LAW. THE JUDICIARY BODY IS COMPOSED OF THE SUPREME COURT AND OTHER COURTS WHICH ARE FORMED IN ACCORDANCE WITH THE LAW. 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 IN ACCORDANCE WITH THE LAW BY THE PRESIDENT. THE CHIEF JUSTICE 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 BE HELD 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. 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 THE OFFICE OF THE ATTORNEY GENERAL AND OFFICES OF OTHER ATTORNEYS WHICH ARE SET UP IN ACCORDANCE WITH THE LAW. CHAPTER NINE ATTORNEY OFFICE 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 DEPUTY ATTORNEY GENERALS ARE APPOINTED BY THE PRESIDENT IN ACCORDANCE WITH THE LAW. THE ATTORNEY GENERAL IS ACCOUNTABLE AND SHALL REPORT TO HIM. ARTICLE ONE HUNDRED AND TWENTY: HIGH SUPERVISION OVER THE IMPLEMENTATION AND UNIFORM OBSERVANCE OF LAWS BY THE MINISTRIES, DEPARTMENTS, STATE, MIXED AND PRIVATE INSTITUTIONS, COOPERATIVES, POLITICAL PARTIES AND SOCIAL ORGANIZATIONS, OFFICIALS IN CHARGE AND CITIZENS SHALL BE UNDERTAKEN BY THE ATTORNEY GENERAL AND THE ATTORNEY 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 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 CONFORMITY OF LAWS, LEGISLATIVE DECREES AND INTERNATIONAL TREATIES WITH THE CONSTITUTION. 2) GIVE LEGAL ADVICES 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, DEPUTY CHAIRMAN, SECRETARY AND EIGHT MEMBERS WHO ARE APPOINTED BY THE PRESIDENT. 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 ADMINISTRATION ARTICLE ONE HUNDRED AND TWENTY EIGHT: THE ADMINISTRATION IN THE REPUBLIC OF AFGHANISTAN IS BASED ON UNITS OF CENTRAL AND LOCAL ADMINISTRATION WHICH ARE REGULATED IN ACCORDANCE WITH THE LAW. THE LOCAL ADMINISTRATION IN THE REPUBLIC OF AFGHANISTAN CONSISTS OF THE ADMINISTRATIVE UNITS OF PROVINCES, DISTRICTS, CITIES AND PRECINCTS. THE UNITS ARE LED BY GOVERNORS, DISTRICT CHIEFS, MAYORS AND HEAD OF PRECINCTS. PROVINCIAL AND DISTRICT COUNCILS SHALL BE SET UP, IN ACCORDANCE WITH THE LAW, IN EVERY PROVINCE AND DISTRICT. THE PROVINCIAL AND DISTRICT COUNCILS EACH SHALL ELECT ONE OF THEIR MEMBERS AS CHAIRMAN AND SECRETARY. ARTICLE ONE HUNDRED AND TWENTY NINE: THE PROVINCIAL AND DISTRICT COUNCILS SHALL TAKE PART, IN ACCORDANCE WITH THE LAW, IN MAINTAINING THE DEVELOPMENT OBJECTIVES OF THE STATE IN THE AREA AND SHALL GIVE RECOMMENDATIONS TO THE ADMINISTRATIONS FOR THE IMPROVEMENT AND DEVELOPMENT OF THE AFFAIRS CONCERNED. MEMBER OF THE PROVINCIAL AND DISTRICT COUNCILS SHALL BE PAID PROPER ATTENDANCE FEES. ARTICLE ONE HUNDRED AND THIRTY: TO MANAGE THE AFFAIRS OF CITIES AND PRECINCTS, SESSIONS OF MUNICIPALITIES AND PRECINCTS ARE HELD IN ACCORDANCE WITH THE LAW. APPROPRIATE ATTENDANCE FEES SHALL BE PAID TO THE PARTICIPANTS OF THE SESSIONS OF MUNICIPALITIES AND PRECINCTS. IN CONNECTION WITH ELECTION OF REPRESENTATIVE TO THE LOYA JIRGA AND WOLESA JIRGA, KABUL CITY AND ITS PRECINCTS ARE EQUAL TO A PROVINCE AND WOLESWALIES, RESPECTIVELY. ARTICLE ONE HUNDRED AND THIRTY ONE: AFFAIRS RELATED TO THE CENTRAL AND LOCAL ADMINISTRATION AS WELL AS JOB SAFETY AND CONSTANCY AND OTHER ISSUES RELATED TO THE EMPLOYEES 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 SOCIO POLITICAL 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 AND 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 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 ORGANIZATION, 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 THE 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, DEPUTY PRIME MINISTERS, CABINET MINISTERS, CHIEF JUSTICE, VICE-PRESIDENTS AND MEMBERS OF THE SUPREME COURT, CHAIRMAN AND SECRETARY OF THE CONSTITUTION COUNCIL, ATTORNEY GENERAL AND DEPUTY ATTORNEY GENERALS SHALL BE FIXED BY LAW. ARTICLE ONE HUNDRED AND FORTY THREE: WHENEVER THE PRESERVATIONS OF THE INDEPENDENCE, NATIONAL SOVEREIGNTY, TERRITORIAL INTEGRITY AND INTERNAL SECURITY BECOME IMPOSSIBLE THROUGH CHANNELS PROVIDED FOR IN THE CONSTITUTION DUE TO WAR, DANGER OF WAR, TURMOIL OR SIMILAR CONDITIONS, STATE OF EMERGENCY MAY BE PROCLAIMED BY THE PRESIDENT IN CONSULTATION WITH THE CHAIRMEN OF THE CHAMBERS OF THE NATIONAL ASSEMBLY, PRIME MINISTER, CHIEF JUSTICE AND CHAIRMAN OF THE CONSTITUTIONAL COUNCIL. IF A STATE OF EMERGENCY SHALL LAST MORE THAN THREE MONTHS, THE CONSENT OF THE LOYA JIRGA IS A CONDITION FOR ITS EXTENSION. 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 AND 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: INVESTIGATION INTO THE ALLEGATIONS LEVELED AGAINST THE PRESIDENT, VICE PRESIDENTS, MEMBERS OF THE ADMINISTRATIVE BODIES OF TWO HOUSES OF NATIONAL ASSEMBLY, PRIME MINISTER, DEPUTY PRIME MINISTERS, MEMBERS OF THE COUNCIL OF MINISTERS, CHIEF JUSTICES, VICE PRESIDENTS AND MEMBERS OF THE SUPREME COURT, ATTORNEY GENERAL AND HIS DEPUTIES AND THE CHAIRMAN OF THE CONSTITUTIONAL COUNCIL AND PROCEDURES FOR THEIR TRIAL SHALL BE REGULATED BY A SPECIAL LAW. ARTICLE ONE HUNDRED AND FORTY SEVEN: IN THE REPUBLIC OF AFGHANISTAN THOSE WHO THEMSELVES OR THEIR WIVES OR HUSBANDS ARE NOT FROM AFGHAN PARENTS, CANNOT BE APPOINTED AS VICE PRESIDENT, PRIME MINISTER, DEPUTY PRIME MINISTER, MINISTER, CHIEF JUSTICE, ATTORNEY GENERAL, HIGH RANKING OFFICER (IN ACCORDANCE WITH THE LAW) AND DIPLOMATIC CIVIL SERVANT. 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 IS PROCLAIMED AFTER THE PRESIDENT'S SIGNATURE. THE AMENDMENT IN THIS CONSTITUTION IS ENFORCED FROM THE DATE OF ITS ENDORSEMENT BY THE LOYA JIRGA AND IS PROCLAIMED AFTER THE PRESIDENT'S SIGNATURE. The Constitution of Afghanistan January 3, 2004 IN THE NAME OF GOD, MOST GRACIOUS, MOST MERCIFUL Contents Number of Articles Title Preamble 21 Articles Chapter 1: State 38 Articles Chapter 2: Fundamental Rights and Duties of Citizens 11 Articles Chapter 3: President 10 Articles Chapter 4: Government 29 Articles Chapter 5: National Assembly 6 Articles Chapter 6: Grand Assembly 20 Articles Chapter 7: Judiciary 7 Articles Chapter 8: Administration 6 Articles Chapter 9: State of Emergency 2 Articles Chapter 10: Amendments 7 Articles Chapter 11: Miscellaneous Provisions 5 Articles Chapter 12: Transitional Provisions THE CONSTITUTION OF AFGHANISTAN In the name of God, Most Gracious, Most Merciful Praise be to Allah, the Cherisher and Sustainer of the Worlds; and Praise and Peace be upon Mohammad, His last Messenger and his disciples and followers. PREAMBLE We the people of Afghanistan: • Believing firmly in Almighty God, relying on His divine will and adhering to the Holy religion of Islam; • Realizing the previous injustices, miseries and innumerable disasters which have befallen our country; • Appreciating the sacrifices, historical struggles, jihad and just resistance of all the peoples of Afghanistan, admiring the supreme position of the martyr's of the country's freedom; • Comprehending that a united, indivisible Afghanistan belongs to all its tribes and peoples; • Observing the United Nations Charter as well as the Universal Declaration of Human Rights; And in order to: Strengthen national unity, safeguard independence, national sovereignty and territorial integrity of the country; Establish an order based on the peoples' will and democracy; Form a civil society void of oppression, atrocity, discrimination as well as violence, based on rule of law, social justice, protecting integrity and human rights, and attaining peoples' freedoms and fundamental rights; Strengthen political, social, economic as well as defense institutions; Attain a prosperous life and sound living environment for all inhabitants of this land; And, eventually, regain Afghanistan's appropriate place in the international family; Have, herein, approved this constitution in accordance with the historical, cultural and social realities as well as requirements of time through our elected representatives in the Loya Jirga, dated January 3, 2004, held in the city of Kabul. Chapter 1 State Article 1 Afghanistan shall be an Islamic Republic, independent, unitary and indivisible state. Article 2 The sacred religion of Islam is the religion of the Islamic Republic of Afghanistan. Followers of other faiths shall be free within the bounds of law in the exercise and performance of their religious rituals. Article 3 No law shall contravene the tenets and provisions of the holy religion of Islam in Afghanistan. Article 4 National sovereignty in Afghanistan shall belong to the nation, manifested directly and through its elected representatives. The nation of Afghanistan is composed of all individuals who possess the citizenship of Afghanistan. The nation of Afghanistan shall be comprised of Pashtun, Tajik, Hazara, Uzbek, Turkman, Baluch, Pachaie, Nuristani, Aymaq, Arab, Qirghiz, Qizilbash, Gujur, Brahwui, and other tribes. The word Afghan shall apply to every citizen of Afghanistan. No individual of the nation of Afghanistan shall be deprived of citizenship. The citizenship and asylum related matters shall be regulated by law. Article 5 Implementing the provisions of this constitution and other laws, defending independence, national sovereignty, territorial integrity and attaining the security and defense capability of the country shall be the fundamental duties of the state. Article 6 The state shall be obligated to create a prosperous and progressive society based on social justice, preservation of human dignity, protection of human rights, realization of democracy, attainment of national unity as well as equality between all peoples and tribes and balance development of all areas of the country. Article 7 The state shall observe the United Nations Charter, inter-state agreements, as well as international treaties to which Afghanistan has joined, and the Universal Declaration of Human Rights. The state shall prevent all kinds of terrorist activities, cultivation and smuggling of narcotics, and production and use of intoxicants. Article 8 The state shall regulate the foreign policy of the country on the basis of preserving the independence, national interests and territorial integrity as well as non-interference, good neighborliness, mutual respect, and equality of rights. Article 9 Mines and other subterranean resources as well as historical relics shall be the property of the state. Protection, management and proper utilization of public properties as well as natural resources shall be regulated by law. Article 10 The state shall encourage, protect as well as ensure the safety of capital investment and private enterprises in accordance with the provisions of the law and market economy. Article 11 Matters related to domestic as well as foreign trade shall be regulated by law in accordance with the economic requirements of the country and public interests. Article 12 Da Afghanistan Bank shall be independent and the central bank of the state. Currency issuance as well as formulating and implementing the monetary policy of the country shall be, according to provisions of the law, the authority of the central bank. The central bank shall consult the economic committee of the House of People about printing of money. The organization and operation method of Central Bank shall be regulated by law. Article 13 The state shall design and implement effective programs for developing industries, expanding production as well as protecting activities of craftsmen to raise the standard of living of the people. Article 14 The state, within its financial means, shall design and implement effective programs to develop agriculture and animal husbandry, improve economic, social, and living conditions of farmers, herders and settlers as well as the nomads' livelihood. The state shall adopt necessary measures for provision of housing and distribution of public estates to deserving citizens in accordance with the provisions of law and within financial possibilities. Article 15 The state shall be obligated to adopt necessary measures to protect and improve forests as well as the living environment. Article 16 From amongst Pashto, Dari, Uzbeki, Turkmani, Baluchi, Pachaie, Nuristani, Pamiri, and other current languages in the country, Pashto and Dari shall be the official languages of the state. In areas where the majority of the people speak in any one of Uzbeki, Turkmani, Pachaie, Nuristani, Baluchi or Pamiri languages, any of the aforementioned language, in addition to Pashto and Dari, shall be the third official language, the usage of which shall be regulated by law. The state shall design and apply effective programs to foster and develop all languages of Afghanistan. Usage of all current languages in the country shall be free in press publications and mass media. Academic and national administrative terminology and usage in the country shall be preserved. Article 17 The state shall adopt necessary measures to foster education at all levels, develop religious teachings, regulate and improve the conditions of mosques, religious schools as well as religious centers. Article 18 The source for the calendar year of the country shall be based upon the migration of The Prophet (PBUH). The basis for state offices shall be the solar calendar. Fridays as well as the 28l of Asad and 8l of Saur shall be public holidays. Other holidays shall be regulated by law. Article 19 The flag of Afghanistan shall be made up of three equal parts, with black, red and green colors juxtaposed from left to right vertically. The width of every color shall be half of its length, and at the center of which the national insignia shall be located. The national insignia of Afghanistan shall be comprised of an emblem and a pulpit in white color—at the two corners of which are two flags, inscribed in the top middle the holy phrase "There is no God but Allah and Mohammad is his Prophet, and Allah is Great." This shall be inscribed and superseded on rays of a rising sun, and in its lower part, the year 1919 in the solar calendar, and the word "Afghanistan" encircled on two sides by sheaves of wheat shall be inscribed. The law shall regulate the use of the flag and insignia. Article 20 The national anthem of Afghanistan shall be in Pashto with the mention of "God is Great" as well as the names of the tribes of Afghanistan. Article 21 The capital of Afghanistan shall be the city of Kabul. Chapter 2 Fundamental Rights and Duties of Citizens Article 22 Any kind of discrimination and distinction between citizens of Afghanistan shall be forbidden. The citizens of Afghanistan, man and woman, have equal rights and duties before the law. Article 23 Life is the gift of God as well as the natural right of human beings. No one shall be deprived of this except by legal provision. Article 24 Liberty is the natural right of human beings. This right has no limits unless affecting others freedoms as well as the public interest, which shall be regulated by law. Liberty and human dignity are inviolable. The state shall respect and protect liberty as well as human dignity. Article 25 Innocence is the original state. The accused shall be innocent until proven guilty by the order of an authoritative court. Article 26 Crime is a personal act. Investigation, arrest and detention of an accused as well as penalty execution shall not incriminate another person. Article 27 No deed shall be considered a crime unless ruled by a law promulgated prior to commitment of the offense. No one shall be pursued, arrested, or detained without due process of law. No one shall be punished without the decision of an authoritative court taken in accordance with the provisions of the law, promulgated prior to commitment of the offense. Article 28 No citizen of Afghanistan accused of a crime shall be extradited to a foreign state without reciprocal arrangements as well as international treaties to which Afghanistan has joined. No Afghan shall be deprived of citizenship or sentenced to domestic or foreign exile. Article 29 Persecution of human beings shall be forbidden. No one shall be allowed to or order torture, even for discovering the truth from another individual who is under investigation, arrest, detention or has been convicted to be punished. Punishment contrary to human dignity shall be prohibited. Article 30 A statement, confession or testimony obtained from an accused or of another individual by means of compulsion shall be invalid. Confession to a crime is a voluntary admission before an authorized court by an accused in a sound state of mind. Article 31 Upon arrest, or to prove truth, every individual can appoint a defense attorney. Immediately upon arrest, the accused shall have the right to be informed of the nature of the accusation, and appear before the court within the time limit specified by law. In criminal cases, the state shall appoint a defense attorney for the indigent. Confidentiality of conversations, correspondence, and communications between the accused and their attorney shall be secure from any kind of violation. The duties and powers of defense attorneys shall be regulated by law. Article 32 Debt shall not curtail or deprive the freedom of the individual. The method and means of recovering debt shall be regulated by law. Article 33 The citizens of Afghanistan shall have the right to elect and be elected. The conditions of exercising this right shall be regulated by law. Article 34 Freedom of expression shall be inviolable. Every Afghan shall have the right to express thoughts through speech, writing, illustrations as well as other means in accordance with provisions of this constitution. Every Afghan shall have the right, according to provisions of law, to print and publish on subjects without prior submission to state authorities. Directives related to the press, radio, and television as well as publications and other mass media shall be regulated by law. Article 35 To attain moral and material goals, the citizens of Afghanistan shall have the right to form associations in accordance with provisions of the law. The people of Afghanistan shall have the right, in accordance with provisions of the law,to form political parties, provided that: 1. Their manifesto and charter shall not contravene the Holy religion of Islam and principles and values enshrined in this constitution; 2. Their organizations and financial resources shall be transparent; 3. They shall not have military or quasi-military aims and organizations; and 4. They shall not be affiliated with foreign political parties or other sources. Formation and operation of a party on the basis of tribalism, parochialism, language, as well as religious sectarianism shall not be permitted. A party or association formed according to provisions of the law shall not be dissolved without legal causes and the order of an authoritative court. Article 36 The people of Afghanistan shall have the right to gather and hold unarmed demonstrations, in accordance with the law, for attaining legitimate and peaceful purposes. Article 37 Freedom and confidentiality of correspondence, as well as communications of individuals, whether in the form of a letter or via telephone, telegraph, as well as other means, shall be secure from intrusion. The state shall not have the right to inspect personal correspondence and communications, unless authorized by provisions of the law. Article 38 Personal residences shall be immune from trespassing. No one, including the state, shall have the right to enter a personal residence or search it without the owner’s permission or by order of an authoritative court, except in situations and methods delineated by law. In case of an evident crime, the responsible official shall enter or search a personal residence without prior court order. The aforementioned official, shall, after entrance or completion of search, obtain a court order within the time limit set by law. Article 39 Every Afghan shall have the right to travel and settle in any part of the country, except in areas forbidden by law. Every Afghan shall have the right to travel outside Afghanistan and return, according to the provisions of the law. The state shall protect the rights of the citizens of Afghanistan outside the country. Article 40 Property shall be safe from violation. No one shall be forbidden from owning property and acquiring it, unless limited by the provisions of law. No one's property shall be confiscated without the order of the law and decision of an authoritative court. Acquisition of private property shall be legally permitted only for the sake of public interests, and in exchange for prior and just compensation. Search and disclosure of private property shall be carried out in accordance with provisions of the law. Article 41 Foreign individuals shall not have the right to own immovable property in Afghanistan. Lease of immovable property for the purpose of capital investment shall be permitted in accordance with the provisions of the law. The sale of estates to diplomatic missions of foreign countries as well as international organization's to which Afghanistan is a member, shall be allowed in accordance with the provisions of the law. Article 42 Every Afghan shall pay taxes and duties to the state in accordance with the provisions of the law. No taxes or duties shall be levied without legal representation. Tax rates and duties as well as the method of payment shall be determined, with due respect to social justice, by law. This provision shall also apply to foreign individuals and organizations. Every kind of tax, duty as well as paid incomes shall be deposited to a single state account. Article 43 Education is the right of all citizens of Afghanistan, which shall be offered up to the B.A. level in the state educational institutes free of charge by the state. To expand balanced education as well as to provide mandatory intermediate education throughout Afghanistan, the state shall design and implement effective programs and prepare the ground for teaching mother tongues in areas where they are spoken. Article 44 The state shall devise and implement effective programs to create and foster balanced education for women, improve education of nomads as well as eliminate illiteracy in the country. Article 45 The state shall devise and implement a unified educational curricula based on the tenets of the sacred religion of Islam, national culture as well as academic principles, and develop religious subjects curricula for schools on the basis of existing Islamic sects in Afghanistan. Article 46 Establishing and administering higher, general and specialized educational institutions shall be the duty of the state. The citizens of Afghanistan shall establish higher, general and specialized educational as well as literacy institutions with permission of the state. The state shall permit foreign individuals to establish higher, general and specialized institutions in accordance with the provisions of the law. Admission terms to higher educational institutes of the state and other related matters shall be regulated by law. Article 47 The state shall devise effective programs for fostering knowledge, culture, literature and arts. The state shall guarantee the copyrights of authors, inventors and discoverers, and, shall encourage and protect scientific research in all fields, publicizing their results for effective use in accordance with the provisions of the law. Article 48 Work is the right of every Afghan. Working hours, paid holidays, employment and employee rights and related matters shall be regulated by the law. Choice of occupation and craft shall be free within the bounds of law. Article 49 Forced labor shall be forbidden. Active participation in times of war, disaster, and other situations that threaten public life and comfort shall be among the national duties of every Afghan. Forced labor on children shall not be allowed. Article 50 The state shall adopt necessary measures to create a healthy administration and realize reforms in the administrative system of the country. The administration shall perform its duties with complete neutrality and in compliance with the provisions of the laws. The citizens of Afghanistan shall have the right of access to information from state departments in accordance with the provisions of the law. This right shall have no limit except when harming rights of others as well as public security. The citizens of Afghanistan shall be recruited by the state on the basis of ability, without any discrimination, according to the provisions of the law. Article 51 Any individual suffering damage without due cause from the administration shall deserve compensation, and shall appeal to a court for acquisition. Except in conditions stipulated by law, the state shall not, without the order of an authoritative court, claim its rights. Article 52 The state shall provide free preventative healthcare and treatment of diseases as well as medical facilities to all citizens in accordance with the provisions the law. Establishment and expansion of private medical services as well as health centers shall be encouraged and protected by the state in accordance with the provisions of the law. The state shall adopt necessary measures to foster healthy physical education and development of the national as well as local sports. Articles 53 The state shall adopt necessary measures to regulate medical services as well as financial aid to survivors of martyrs and missing persons, and for reintegration of the disabled and handicapped and their active participation in society, s in accordance with provisions of the law. The state shall guarantee the rights of retirees, and shall render necessary aid to the elderly, women without caretaker, disabled and handicapped as well as poor orphans, in accordance with provisions of the law. Article 54 Family is the fundamental pillar of the society, and shall be protected by the state. The state shall adopt necessary measures to attain the physical and spiritual health of the family, especially of the child and mother, upbringing of children, as well as the elimination of related traditions contrary to the principles of the sacred religion of Islam. Article 55 Defending the country shall be the duty of all citizens of Afghanistan. Conditions for compulsory military service shall be regulated by law. Article 56 Observance of the provisions of the constitution, obedience of laws and respect of public order and security shall be the duty of all citizens of Afghanistan. Ignorance of the laws shall not be considered an excuse. Article 57 The state shall guarantee the rights and liberties of foreign citizens in Afghanistan in accordance with the law. These people shall be obliged to respect the laws of the state of Afghanistan within the limits of the provisions of international law. Article 58 To monitor respect for human rights in Afghanistan as well as to foster and protect it, the state shall establish the Independent Human Rights Commission of Afghanistan. Every individual shall complain to this Commission about the violation of personal human rights. The Commission shall refer human rights violations of individuals to legal authorities and assist them in defense of their rights. Organization and method of operation of the Commission shall be regulated by law. Article 59 No individual shall be allowed to manipulate the rights and liberties enshrined in this Constitution and act against independence, territorial integrity, sovereignty as well as national unity. Chapter 3 President Article 60 The President shall be the head of state of the Islamic Republic of Afghanistan, executing his authorities in the executive, legislative and judiciary fields in accordance with the provisions of this Constitution. The President shall have two Vice-Presidents, first and second. The Presidential candidate shall declare to the nation names of both vice presidential running mates. In case of absence, resignation or death of the President, the first Vice- President shall act in accordance with the provisions of this Constitution. In the absence of the first Vice-President, the second Vice-President shall act in accordance with the provisions of this Constitution. Article 61 The President shall be elected by receiving more than 50 percent of votes cast by voters through free, general, secret and direct voting. The presidential term shall expire on 1st of Jawza of the 5th year after elections. Elections for the new President shall be held within 30 to 60 days prior to the end of the presidential term. If in the first round none of the candidates gets more than 50 percent of the votes, elections for the second round shall be held within 2 weeks from the date election results are proclaimed, and, in this round, only two candidates who have received the highest number of votes in the first round shall participate. In case one of the presidential candidates dies during the first or second round of voting or after elections, but prior to the declaration of results, re-election shall be held according to provisions of the law. Article 62 The individual who becomes a presidential candidate shall have the following qualifications: 1. Shall be a citizen of Afghanistan, Muslim, born of Afghan parents, and shall not be a citizen of another country; 2. Shall not be less than 40 years old the day of candidacy; 3. Shall not have been convicted of crimes against humanity, a criminal act, or deprivation of civil rights by court. No individual shall be elected for more than two terms as President. The provision of this article shall also apply to Vice-Presidents. Article 63 Before assuming office, the President shall take, in accordance with special procedures set by law, the following oath of allegiance: "In the name of God, Most Gracious, Most Merciful I swear by the name of God Almighty that I shall obey and protect the Holy religion of Islam, respect and supervise the implementation of the Constitution as well as other laws, safeguard the independence, national sovereignty and territorial integrity of Afghanistan, and, in seeking God Almighty's help and support of the nation, shall exert my efforts towards the prosperity and progress of the people of Afghanistan." Article 64 The President shall have the following authorities and duties: 1. Supervise the implementation of the Constitution; 2. Determine the fundamental lines of the policy of the country with the approval of the National Assembly; 3. Being the Commander in Chief of the armed forces of Afghanistan; 4. Declare war and peace with the endorsement of the National Assembly; 5. Take necessary decisions to defend territorial integrity and preserve independence; 6. Dispatch armed forces units outside of Afghanistan with the endorsement of the National Assembly; 7. Convene the Loya Jirga except in the situation prescribed in Article 69 of this Constitution; 8. Proclaim as well as terminate the state of emergency with the endorsement of the National Assembly; 9. Inaugurate the sessions of National Assembly and Loya Jirga. 10. Accept the resignations of vice-presidents of the Republic; 11. Appoint the Ministers, the Attorney General, the Head of the Central Bank, the National Security Director as well as the Head of the Red Cross with the endorsement of the House of People, and their dismissal and acceptance of resignation; 12. Appoint the Justice of the Supreme Court as well as justices of the Supreme Court with the endorsement of the House of People; 13. Appointing, retiring and accepting the resignation and dismissal of judges, officers of the armed forces, police, national security as well as high-ranking officials according to the provisions of law; 14. Appoint heads of political representatives of Afghanistan to foreign states as well as international organizations; 15. Accept credentials of foreign political representatives in Afghanistan; 16. Endorse laws as well as judicial decrees; 17. Issue credential letter for conclusion of international treaties in accordance with the provisions of the law; 18. Reduce and pardon penalties in accordance with the provisions of the law; 19. Bestow medals, insignias as well as honorary titles in accordance with the provisions of the law; 20. Establish commissions to improve the administration of the country in accordance with the provisions of the law; 21. Perform other authorities and duties enshrined in this Constitution. Article 65 On important national, political, social as well as economic issues the President can call for a referendum of the people of Afghanistan. The referendum shall not be contrary to the provisions of this Constitution or require its amendment. Article 66 The President shall take into consideration the supreme interests of the people of Afghanistan to enforce the authorities enshrined in this Constitution. The President shall not sell or bestow state properties without the provision of the law. During the term of office, the Presidential position shall not be used for linguistic, sectarian, tribal, and religious as well as party considerations. Article 67 In case of resignation, impeachment or death of the President, as well as an incurable illness impeding performance of duty, the First Vice- President shall assume authorities and duties of the President. The President shall personally tender resignation to the National Assembly. Affirmation of an incurable illness shall be verified by an authoritative medical team assigned by the Supreme Court. In such cases, elections for the new President shall be held within 3 months in accordance with Article 61 of the Constitution. The First Vice-President, in acting as interim President, shall not perform the following duties: 1. Amend the Constitution; 2. Dismiss ministers; 3. Call a referendum. The Vice-Presidents can according to the provisions of this Constitution, nominate themselves as presidential candidates. In the absence of the President, the duties of the First Vice-President shall be determined by the President. Article 68 In case any of the Vice-Presidents resign or die, another person shall be appointed by the President with the endorsement of the House of the People. In case of simultaneous death of the President and the First Vice- President, the Second Vice-President, the President of the House of Elders, the President of the House of Representatives and the Foreign Minister shall succeed respectively and, in that order, and, according to Article 67 of this Constitution, shall assume the duties of the President. Article 69 The President shall be responsible to the nation as well as the House of People in accordance with the provisions of this Article. Accusations of crimes against humanity, national treason, as well as a crime against the President shall be demanded by one-third of all members of the House of People. If this demand is approved by twothirds of the House of People, the House of People shall convene the Loya Jirga within 1 month. If the Loya Jirga, by two-thirds majority, approves the accusation, the President shall be released from duty and the issue shall be referred to a special court, which shall be comprised of the President of the House of Elders, three members of the House of People, and three members of the Supreme Court appointed by the Loya Jirga. The case shall be presented by the individual appointed by the Loya Jirga. In such a situation the provisions of Article 67 of this Constitution shall be applied. Article 70 The salary and expenses of the President shall be regulated by law. The President, after completion of his term of service, except when dismissed, shall be entitled to financial benefits of the presidency for the rest of his life in accordance with the law. Chapter 4 Government Article 71 The Government shall be comprised of Ministers who work under the chairmanship of the President. The number of Ministers as well as their duties shall be regulated by law. Article 72 The individual appointed as Minister shall have the following qualifications: 1. Shall have only the citizenship of Afghanistan; if the ministerial candidate has the citizenship of another country as well, the House of People shall have the right to approve or reject the nomination; 2. Shall have higher education, work experience, as well as a good reputation; 3. Shall not be less than 35 years of age; 4. Shall not have been convicted of crimes against humanity, a criminal act or deprivation of civil rights by a court. Article 73 The Ministers shall be appointed from amongst members of the National Assembly or outside. If a member of the National Assembly is appointed as Minister, that individual loses membership in the National Assembly and instead, another individual shall be appointed in accordance with the provisions of the law. Article 74 Before assuming office, the Ministers shall take the following oath in the presence of the President: "In the name of God, Most Gracious, Most Merciful, I swear in the name of God Almighty that I shall protect the Holy religion of Islam, respect the Constitution and other laws of Afghanistan, safeguard the rights of citizens as well as independence, territorial integrity and the national unity of the people of Afghanistan, and, in all my deeds consider the Almighty's presence, performing the entrusted duties honestly." Article 75 The Government shall have the following duties: 1. Execute the provisions of this Constitution, other laws, as well as the final decisions of the courts; 2. Preserve the independence, defend the territorial integrity and safeguard the interests and prestige of Afghanistan in the international community; 3. Maintain public law and order and eliminate every kind of administrative corruption; 4. Prepare the budget, regulate financial conditions of the state as well as protect public wealth; 5. Devise and implement social, cultural, economic and technological development programs; 6. Report to the National Assembly, at the end of the fiscal year, about the tasks achieved as well as important programs for the new fiscal year; 7. Perform other duties that, in accordance with this Constitution and other laws, fall within the Government responsibilities. Article 76 To implement the fundamental lines of the policy of the country and regulate its duties, the government shall devise as well as approve regulations, which shall not be contrary to the body or spirit of any law. Article 77 The Ministers shall perform their duties as heads of administrative units within the framework of this Constitution as well as other laws prescribe. The Ministers shall be responsible to the President and House of Representatives for their specified duties. Article 78 If a Minister is accused of crimes against humanity, national treason or other crimes, the case, in accordance with Article 134 of this Constitution, shall be submitted to a special court. Article 79 During the recess of the House of Representatives, the Government shall, in case of an immediate need, issue legislative decrees, except in matters related to budget and financial affairs. Legislative decrees, after endorsement by the President, shall acquire the force of law. Legislative decrees shall be presented to the National Assembly within 30 days of convening its first session, and if rejected by the National Assembly, they become void. Article 80 During their tour of duty, the Ministers shall not use their positions for linguistic, sectarian, tribal, religious or partisan purposes. Chapter 5 National Assembly Article 81 The National Assembly of the Islamic Republic of Afghanistan, as the highest legislative organ, shall manifest the will of its people as well as represent the entire nation. Every member of the Assembly, when voting, shall judge according to the general interests as well as the supreme benefits of the people of Afghanistan. Article 82 The National Assembly consists of two houses: House of People and House of Elders. No individual shall be a member of both houses at the same time. Article 83 Members of the House of People shall be elected by the people through free, general, secret, and direct balloting. The work period of the House of People shall terminate, after the disclosure of the results of the elections, on the 1st of Saratan of the 5th year and the new Parliament shall commence work. The elections for members of the House of People shall be held 30 to 60 days prior to the expiration of the term of the House of People. The number of the members of the House of People shall be proportionate to the population of each constituency, not exceeding the maximum of 250 individuals. Electoral constituencies as well as other related issues shall be determined by the elections law. The elections law shall adopt measures to attain, through the electorate system, general and fair representation for all the people of the country, and proportionate to the population of every province, on average, at least two females shall be the elected members of the House of People from each province. Article 84 Members of the House of Elders shall be elected and appointed as follows: 1. From amongst each provincial council members, one individual shall be elected by the respective council for a 4-year term; 2. From amongst district councils of each province, one individual, elected by the respective councils, for a 3-year term; 3. The remaining one third of the members shall be appointed by the President, for a 5-year term, from amongst experts and experienced personalities, including two members from amongst the impaired and handicapped, as well as two from nomads. The President shall appoint 50 percent of these individuals from amongst women. The individual selected as a member of the House of Elders shall lose membership to the related Council, and, another individual shall be appointed in accordance with the provisions of the law. Article 85 The individual who becomes a candidate or appointed to the membership of the National Assembly, in addition to the completion of the conditions of the election, shall have the following qualifications: 1. Shall be a citizen of Afghanistan or shall have obtained citizenship of the state of Afghanistan at least 10 years prior to candidacy date or appointment; 2. Shall not have been convicted of crimes against humanity, as well as a crime or deprivation from civil rights by a court; 3. Shall have completed 25 years of age on candidacy day for the House of People, and 35 years on candidacy day or appointment for the House of Elders. Article 86 Elections credentials of members of the National Assembly shall be reviewed by the Independent Elections Commission in accordance with the provisions of the law. Article 87 Each of the two houses of the National Assembly, at the commencement of their work period, shall elect one member as president for the term of the legislature, and two members as first and second deputies and two members as secretary and assistant secretary for a period of 1 year. These individuals shall form the administrative teams of the House of People as well as House of Elders. Duties of the administrative teams shall be determined by the Regulations on Internal Duties of each house. Article 88 Each of the two houses of the National Assembly shall form commissions to study issues under discussion in accordance with the Regulations of Internal Duties. Article 89 The House of People shall have the authority to establish a special commission, on the proposal of one third of its members, to review as well as investigate the actions of the Government. The composition and method of operation of the aforementioned commission shall be determined by the Regulations on Internal Duties. Article 90 The National Assembly shall have the following duties: 1. Ratification, modification or abrogation of laws or legislative decrees; 2. Approval of social, cultural, economic as well as technological development programs; 3. Approval of the state budget as well as permission to obtain or grant loans; 4. Creation, modification and or abrogation of administrative units; 5. Ratification of international treaties and agreements, or abrogation of membership of Afghanistan in them; 6. Other authorities enshrined in this Constitution. Article 91 The House of People shall have the following special authorities: 1. Decide about elucidation session from each Minister in accordance with Article 92 of this Constitution; 2. Decide on the development programs as well as the state budget; 3. Approve or reject appointments according to provisions of this Constitution. Article 92 The House of People, on the proposal of 20 percent of all its members, shall make inquiries from each Minister. If the explanations given are not satisfactory, the House of People shall consider the issue of a no-confidence vote. The no-confidence vote on a Minister shall be explicit, direct, as well as based on convincing reasons. The vote shall be approved by the majority of all members of the House of People. Article 93 Any commission of both houses of the parliament can question any Minister about special issues. The individual questioned shall provide an oral or written response. Article 94 Law shall be what both houses of the National Assembly approve and the President endorses, unless this Constitution states otherwise. In case the President rejects what the National Assembly has approved, the President shall send it back, within 15 days from the date it was presented, to the House of People mentioning the reasons for rejection, and, with expiration of the period or if the House of People re-approves it with two-thirds of all the votes, the draft shall be considered endorsed and enforceable. Article 95 The proposal for drafting laws shall be made by the Government or members of the National Assembly or, in the domain of regulating the judiciary, by the Supreme Court, through the Government. Proposals for drafting the budget and financial affairs laws shall be made only by the Government. Article 96 If the proposal for drafting a law includes imposition of new taxes or reduction of state incomes, it shall be included in the work agenda of the National Assembly on condition the compensation source shall also be forecasted in the text of the proposal. Article 97 Proposals for drafting laws shall be first submitted to the House of People by the government. The House of People shall consider the draft laws, including budgetary and financial affairs as well as the proposal for obtaining or granting loans, and, after debate, either approve or reject as a whole. The House of People shall not delay more than one month the draft proposal. The House of People, after approving the proposed draft, shall send it to the House of the Elders. The House of Elders shall decide on it within 15 days. In deciding about the proposed laws, the National Assembly shall give priority to treaties and development programs of the state that, according to the proposal of the government, require urgent consideration. If the proposal for drafting a law is made by ten members of either of the two houses, it shall be, after approval of one fifth of the House where it was initiated, included in the work agenda of that House. Article 98 The state budget and development program of the government shall be submitted, through the House of Elders to the House of People along with its advisory views. The decision of the House of People shall be implemented without presentation to the House of Elders, after endorsement 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 shall be applied pending the passage of the new budget. The Government shall present during the fourth quarter of the financial year the budget for the next year, with the brief account of the current year budget, to the National Assembly. The precise account of the previous year financial budget shall be presented to the National Assembly during the next 6 months according to the provisions of the law. The House of People shall not delay approval of the budget for more than 1 month after receiving it and give permission to obtain or grant loans not included in the budget, for more than 15 days. If the House of People during this period does not decide on obtaining or granting loans, the proposal shall be considered approved. Article 99 If, during the sessions of the National Assembly, the annual budget, or development program, or issues related to national security, territorial integrity and independence of the country is under discussion, the sessions of the Assembly shall not end pending decision of the matter. Article 100 If one House rejects decisions of the other, a joint commission comprised of an equal number of members from each House shall be formed to solve the difference. The decision of the commission, after endorsement by the President, shall be enforced. If the joint commission does not solve the difference, the decision shall be considered rejected. In such situation, the House of People shall pass it with two-thirds majority in its next session. This decision, without submission to the House of Elders, shall be promulgated once endorsement by the President. Article 101 No member of the National Assembly shall be legally prosecuted for reasons of voting or views expressed during performance of duty. Article 102 If a member of the National Assembly is accused of a crime, the responsible official shall inform the House of which the accused is a member, and the accused shall be legally prosecuted. In case of an evident crime, the responsible official shall legally pursue and arrest the accused without the permission of the House of which the accused is a member. In both cases, if the legal prosecution requires detention, the responsible official shall immediately inform the respective House and obtain its approval. If the accusation takes place during an Assembly recess, the permission for arrest or detention shall be obtained from the administrative board of the respective House, and the issue shall be referred to the first session of the aforementioned House for decision. Article 103 The Ministers can participate in the sessions of either House of the National Assembly. Either House of the National Assembly can demand the participation of the Ministers in its session. Article 104 Both Houses of the National Assembly shall convene their sessions concurrently, but separately. Sessions of the two Houses shall be held jointly under the following circumstances: 1. When the legislative term or annual sessions are inaugurated by the President; 2. When deemed necessary by the President. The President of the House of People shall preside over the joint sessions of the National Assembly. Article 105 The sessions of the National Assembly shall be open unless the President of the Assembly or at least 10 members of the National Assembly request their secrecy and the Assembly grants their request. No one shall enter the National Assembly building by force. Article 106 The quorum for voting of each House of the National Assembly shall be complete with the majority presence of members and decisions shall be taken with the majority of votes of members present, unless this Constitution states otherwise. Article 107 The National Assembly shall hold two regular sessions annually. The term of both regular sessions shall be 9 months every year, and when needed, the Assembly shall extend its term. Extraordinary sessions of the Assembly during recess shall be convened by Presidential order. Article 108 In cases of death, resignation, and dismissal of a member of the National Assembly or disability or handicap, which impedes permanent performance of duty, the placement of the new representative for the remaining period of the legislative term shall be in accordance with provisions of the law. Matters related to the presence and absence of members of the National Assembly shall be regulated by the Internal Duties Statute. Article 109 Proposals for amending elections law shall not be included in the work agenda of the National Assembly during the last year of the legislative term. Chapter 6 Loya Jirga Article 110 The Loya Jirga is the highest manifestation of the will of the people of Afghanistan. The Loya Jirga consists of: 1. Members of the National Assembly; 2. Presidents of the provincial as well as district assemblies. Ministers, Chief Justice and members of the Supreme Court as well as the attorney general shall participate in the Loya Jirga sessions without voting rights. Article 111 The Loya Jirga shall convene in the following situations: 1. To decide on issues related to independence, national sovereignty, territorial integrity as well as supreme national interests; 2. Amend provisions of this Constitution; 3. Impeach the President in accordance with the provisions of Article 69 of the Constitution. Article 112 In its first session, the Loya Jirga shall elect, from amongst its members, a Chairperson, a Deputy-Chair, and a Secretary and an Assistant Secretary. Article 113 The quorum of the Loya Jirga shall be complete for voting with the presence of the majority of members. The decision of the Loya Jirga, except in situations explicitly stated in this Constitution, shall be adopted by a majority of members present. Article 114 Sessions of the Loya Jirga shall be open unless one fourth of its membership demand secrecy, and the Loya Jirga accept this demand. Article 115 During the sessions of the Loya Jirga, provisions of Articles 101 and 102 of this Constitution shall be applied to its members. Chapter 7 Judiciary Article 116 The judiciary shall be an independent organ of the state of the Islamic Republic of Afghanistan. The judiciary shall be comprised of one Supreme Court, Courts of Appeal as well as Primary Courts whose organization and authority shall be regulated by law. The Supreme Court shall be the highest judicial organ, heading the judicial power of the Islamic Republic of Afghanistan. Article 117 The Supreme Court shall be comprised of nine members, appointed by the President and with the endorsement of the House of People, and in observance of the provisions of clause 3 of Article 50 as well as Article 118 of this Constitution, shall be initially appointed in the following manner: Three members for a period of 4 years, three members for 7 years, and three members for 10 years. Later appointments shall be for period often years. Appointment of members for a second term shall not be permitted. The President shall appoint one of its members as Chief Justice of the Supreme Court. Members of the Supreme Court, except under circumstances stated in Article 127 of this Constitution, shall not be dismissed till the end of their term. Article 118 Supreme Court members shall have the following qualifications: 1. At time of appointment the age of the Chief Justice of the Supreme Court and its members shall not be less than 40 years. 2. Shall be a citizen of Afghanistan. 3. Shall have higher education in legal studies or Islamic jurisprudence as well as expertise and adequate experience in the judicial system of Afghanistan. 4. Shall have good character as well as good reputation. 5. Shall not have been convicted, by a court, for crimes against humanity, crimes, or deprivation of civil rights. 6. Shall not be a member of any political party during his term of duty. Article 119 Members of the Supreme Court shall take the following oath of office in the presence of the President: "In the of God, Most Gracious, Most Merciful I swear in the name of God Almighty to attain justice and righteousness in accordance with tenets of the Holy religion of Islam, provisions of this Constitution as well as other laws of Afghanistan, and to execute the judicial duty with utmost honesty, righteousness and impartiality." Article 120 The authority of the judicial organ shall include consideration of all cases filed by real or incorporeal persons, including the state, as plaintiffs or defendants, before the court in accordance with the provisions of the law. Article 121 At the request of the Government, or courts, the Supreme Court shall review the laws, legislative decrees, international treaties as well as international covenants for their compliance with the Constitution and their interpretation in accordance with the law. Article 122 No law shall, under any circumstances, exclude any case or area from the jurisdiction of the judicial organ as defined in this chapter and submit it to another authority. This provision shall not prevent formation of special courts stipulated in Articles 69, 78, and 127 of this Constitution, as well as cases related to military courts. The organization and authority of these courts shall be regulated by law. Article 123 With respect to the provisions of this Constitution, statutes related to the formation, authority, as well as proceedings of courts and matters related to judges, shall be regulated by law. Article 124 Provision of Laws related to civil servants as well as other administrative staff of the state shall also apply to the officials and the administrative personnel of the judiciary; but the Supreme Court in accordance with the law shall regulate their appointment, dismissal, promotion, retirement, rewards and punishments. Article 125 The budget of the judiciary shall be prepared by the Supreme Court in consultation with the Government, and shall be presented to the National Assembly as part of the national budget. The Supreme Court shall implement the budget of the judiciary. Article 126 Supreme Court judges shall receive lifetime pensions at the end of their term of service provided they do not hold state and political offices. Article 127 If more than one-third of the members of the House of People demand the trial of the Chief Justice of the Supreme Court or any of its members accused of a crime related to job performance or committing a crime, and, the House of People approves this demand by two-thirds majority of all members, the accused shall be dismissed and the issue referred to a special court. The formation of the court and procedure of the trial shall be regulated by law. Article 128 In the courts in Afghanistan, trials shall be held openly and every individual shall have the right to attend in accordance with the law. In situations clarified by law, the court shall hold secret trials when it considers necessary, but pronouncement of its decision shall be open in all cases. Article 129 In issuing decision, the court is obligated to state the reason for its verdict. All final decisions of the courts shall be enforced, except for capital punishment, which shall require Presidential approval. Article 130 In cases under consideration, the courts shall apply provisions of this Constitution as well as other laws. If there is no provision in the Constitution or other laws about a case, the courts shall, in pursuance of Hanafi jurisprudence, and, within the limits set by this Constitution, rule in a way that attains justice in the best manner. Article 131 The courts shall apply the Shia jurisprudence in cases involving personal matters of followers of the Shia sect in accordance with the provisions of the law. In other cases, if no clarification in this Constitution and other laws exist, the courts shall rule according to laws of this sect. Article 132 Judges are appointed at the proposal of the Supreme Court and approval of the President. Appointment, transfer, promotion, punishment and proposals for retirement of judges, carried out according to provisions of the laws, shall be within the authority of the Supreme Court. To better regulate judicial as well as judicial administrative matters and attain necessary reforms, the Supreme Court shall establish the Office of General Administration of the Judiciary. Article 133 When a judge is accused of a crime, the Supreme Court shall, in accordance with the provisions of the law, consider the case. After hearing the defense, if the Supreme Court considers the accusation valid, it shall present a proposal to the President for dismissal of the judge. After Presidential approval, the accused judge shall be dismissed and punished according to the provisions of the law. Article 134 Discovery of crimes shall be the duty of police, and investigation and filing the case against the accused in the court shall be the responsibility of the Attorney's Office, in accordance with the provisions of the law. The Attorney's Office shall be part of the Executive organ and shall be independent in its performance. The organization, authority as well as method of work of the Attorney's Office shall be regulated by law. Special law shall regulate discovery and investigation of crimes of duty by the armed forces, police and officials of national security. Article 135 If a party in lawsuit does not know the language, the right to know the materials and documents of the case as well as conversation in the court, shall be provided in the party's mother tongue through a translator appointed by the court. Chapter 8 Administration Article 136 The administration of the Islamic Republic of Afghanistan, based on the units of the central government and local offices, shall be regulated according to the law. The central administration shall be divided into several administrative units, each headed by a Minister. The local administrative unit shall be a province. The number, area, divisions and related provincial organizations as well as number of offices shall be regulated on the basis of population, social and economic conditions, as well as geographical location. Article 137 The government, in preserving the principles of centralism, shall transfer necessary powers, in accordance with the law, to local administrations in order to accelerate and improve economic, social as well as cultural matters, and foster peoples' participation in developing national life. Article 138 There shall be a provincial council in every province. Members of the provincial councils according to law, shall be elected for four years by the residents of the province, proportionate to the population, through free, general, secret, as well as direct elections. The provincial council shall elect one of its members as President. Article 139 The provincial council shall participate in the attainment of the development objectives of the state and improvement of the affairs of the province in the manner prescribe by laws, and shall advise the provincial administrations on related issues. The provincial assembly council shall perform its duties with the cooperation of the provincial administration. Article 140 Councils shall be established to organize activities as well as attain active participation of the people in provincial administrations in districts and in villages, in accordance with the provisions of the law. Local residents shall elect members of these councils for 3 years through free, general, secret, as well as direct elections. Participation of nomads in these local councils shall be regulated in accordance with the provisions of the law. Article 141 To administer city affairs, municipalities shall be established. The mayor and members of municipal councils shall be elected through free, general, secret and direct elections. Matters related to municipalities shall be regulated by law. Article 142 To implement the provisions as well as attain values enshrined in this Constitution, the state shall establish necessary offices. Chapter 9 The State of Emergency Article 143 If because of war, threat of war, serious rebellion, natural disasters or similar conditions, protection of independence and national life become impossible through the channels specified in this Constitution, the state of emergency shall be proclaimed by the President, throughout the country or part thereof, with endorsement of the National Assembly. If the state of emergency continues for more than two months, the consent of the National Assembly shall be required for its extension. Article 144 During the state of emergency, the President can, in consultation with the presidents of the National Assembly as well as the Chief Justice of the Supreme Court, transfer some powers of the National Assembly to the government. Article 145 During the state of emergency, the President can, after approval by the presidents of the National Assembly as well as the Chief Justice of the Supreme Court, suspend the enforcement of the following provisions or place restrictions on them: 1. Clause 2 of Article 27; 2. Article 36; 3. Clause 2 of Article 37; 4. Clause 2 of Article 38. Article 146 The Constitution shall not be amended during the state of emergency. Article 147 If the presidential term or the legislative term of the National Assembly expires during the state of emergency, the new general elections shall be postponed, and the presidential as well as parliamentary terms shall extend up to 4 months. If the state of emergency continues for more than four months, the President shall call the Loya Jirga. Within 2 months after the termination of the state of emergency, elections shall be held. Article 148 At the termination of the state of emergency, measures adopted under Article 144 and 145 of this Constitution shall be void immediately. Chapter 10 Amendments Article 149 The principles of adherence to the tenets of the Holy religion of Islam as well as Islamic Republicanism shall not be amended. Amending fundamental rights of the people shall be permitted only to improve them. Amending other articles of this Constitution, with due respect to new experiences and requirements of the time, as well as provisions of Articles 67 and 146 of this Constitution, shall become effective with the proposal of the President and approval of the majority of National Assembly members. Article 150 To process the amendment proposals, a commission comprised of members of the Government, National Assembly as well as the Supreme Court shall be formed by presidential decree to prepare the draft proposal. To approve the amendment, the Loya Jirga shall be convened by a Presidential decree in accordance with the provisions of the Chapter on Loya Jirga. If the Loya Jirga approves the amendment with the majority of two-thirds of its members, the President shall enforce it after endorsement. Chapter 11 Miscellaneous Provisions Article 151 The President, Vice-Presidents, Ministers, Chief Justice and members of the Supreme Court, the Attorney General, Heads of the Central Bank and National Directorate of Security, Governors and Mayors, during their term of offices, shall not engage in any profitable business with the state. Article 152 The President, Vice-Presidents, Ministers, Chief Justice and members of the Supreme Court, Presidents and members of the National Assembly, the Attorney General and judges shall not engage in other jobs during their term of office. Article 153 Judges, Attorneys, Officers of the Armed Forces, Police and officials of the National Security shall not become members of political parties during their term of office. Article 154 The wealth of the President, Vice-Presidents, Ministers, members of the Supreme Court as well as the Attorney General, shall be registered, reviewed and published prior to and after their term of office by an organ established by law. Article 155 Suitable salaries shall be fixed for Vice-Presidents, Ministers, Presidents, as well as members of the National Assembly and Supreme Court, judges, and Attorney General in accordance with the provisions of the law. Article 156 The Independent Elections Commission shall be established to administer and supervise every kind of elections as well as refer to general public opinion of the people in accordance with the provisions of the law. Article 157 The Independent Commission for supervision of the implementation of the Constitution shall be established in accordance with the provisions of the law. Members of this Commission shall be appointed by the President with the endorsement of the House of People. Chapter 12 Transitional Provisions Article 158 The title of the Father of the Nation and privileges bestowed upon His Majesty Mohammad Zahir Shah, the former King of Afghanistan, by the Emergency Loya Jirga of 1381 (HS), (2002), with due respect to provisions of this Constitution, shall be preserved during his lifetime. Article 159 The interim period between the adoption of the Constitution and the inauguration of the National Assembly shall be considered the transition period. The Islamic Transitional Government of Afghanistan, during the transitional period, shall perform the following duties: 1. Issuing legislative decrees related to elections of the President, National Assembly as well as local councils within 6 months; 2. Issuing decrees regarding the organization and authority of courts as well as the commencement of work on fundamental organizations law in less than 1 year; 3. Establishing the Independent Elections Commission; 4. Completing necessary reforms to better regulate executive as well as judicial affairs; 5. Adopting necessary measures to prepare the ground for implementing provisions of the Constitution. Article 160 The first President-Elect shall, according to provisions of this Constitution, commence work 30 days after election results are declared. Multilateral efforts shall be made to hold presidential as well as National Assembly elections concurrently and simultaneously. Pending the establishment of the National Assembly, its powers, enshrined in this Constitution, shall be submitted to the government, and the interim Supreme Court shall be established by presidential decree. Article 161 Immediately after inauguration, the National Assembly shall exercise its powers in accordance with the provisions of this Constitution. After inauguration of the first session of the National Assembly, within 30 days, the Government as well as the Supreme Court shall be inaugurated in accordance with the provisions of the Constitution. The President of the Islamic Transitional Government of Afghanistan shall perform his duties until the inauguration of the President-Elect. The executive and judicial organs of the state, in accordance with Clause Four of Article 159 of this Constitution, shall continue with their duties pending the formation of the Government as well as the Supreme Court. Legislative decrees enforced from the beginning of the interim period shall be referred to the first session of the National Assembly. These decrees shall be enforceable unless annulled by the National Assembly. Article 162 This Constitution shall be enforced from the date of approval by the Loya Jirga, and endorsed and proclaimed by the President of the Islamic Transitional Government of Afghanistan. Upon the enforcement of this Constitution, laws and legislative decrees contrary to its provisions shall be invalid. [Translated by Sayed Shafi Rahel for the Secretariat of the Constitutional Commission]