Islamic Republic of Afghanistan
Adopted by Grand Council on: 4 Jan 2004
Became Effective Since: 4 Jan 2004
In the name of God, the Merciful, the Compassionate
We the people of Afghanistan:cralaw
1. With firm faith in God Almighty and relying on His lawful mercy, and Believing in the Sacred religion of Islam,
2. Realizing the injustice and shortcoming of the past, and the numerous troubles imposed on our country,
3. While acknowledging
the sacrifices and the historic struggles, rightful Jehad and just
resistance of all people of Afghanistan, and respecting the high
position of the martyrs for the freedom of Afghanistan,
4. Understanding the
fact that Afghanistan is a single and united country and belongs to all
ethnicities residing in this country,
5. Observing the United Nations Charter and respecting the Universal Declaration of Human Rights,
6. For consolidating national unity, safeguarding independence, national sovereignty, and territorial integrity of the country,
7. For establishing a government based on people's will and democracy,
8. For creation of a
civil society free of oppression, atrocity, discrimination, and
violence and based on the rule of law, social justice, protection of
human rights, and dignity, and ensuring the fundamental rights and
freedoms of the people,
9. For strengthening of political, social, economic, and defensive institutions of the country,
10. For ensuring a prosperous life, and sound environment for all those residing in this land,
11. And finally for regaining Afghanistan's deserving place in the international community,
Have adopted this
constitution in compliance with historical, cultural, and social
requirements of the era, through our elected representatives in the
Grand Council Loya Jirga dated 14 Jaddi 1382 in the city of Kabul.
Afghanistan is an Islamic Republic, independent, unitary and indivisible state.
(1) The religion of the state of the Islamic Republic of Afghanistan is the sacred religion of Islam State Religion.
(2) Followers of other
religions are free to exercise their faith and perform their religious
rites within the limits of the provisions of law.
Law and Religion
In Afghanistan, no law can be contrary to the beliefs and provisions of the sacred religion of Islam.
Sovereignty, Ethnic Groups, Citizenship
(1) National sovereignty in Afghanistan belongs to the nation that exercises it directly or through its representatives.
(2) The nation of Afghanistan consists of all individuals who are the citizen of Afghanistan.
(3) The nation of
Afghanistan is comprised of the following ethnic groups: Pashtun,
Tajik, Hazara, Uzbak, Turkman, Baluch, Pashai, Nuristani, Aymaq, Arab,
Qirghiz, Qizilbash, Gujur, Brahwui and others.
(4) The word Afghan applies to every citizen of Afghanistan.
(5) No member of the nation can be deprived of his citizenship of Afghanistan.
(6) Affairs related to the citizenship and asylum are regulated by law.
Implementation of the
provisions of this constitution and other laws, defending independence,
national sovereignty, territorial integrity, and ensuring the security
and defense capability of the country, are the basic duties of the
The state is obliged to
create a prosperous and progressive society based on social justice,
protection of human dignity, protection of human rights, realization of
democracy, and to ensure national unity and equality among all ethnic
groups and tribes and to provide for balanced development in all areas
of the country.
(1) The state shall
abide by the UN charter, international treaties, international
conventions that Afghanistan has signed, and the Universal Declaration
of Human Rights.
(2) The state prevents
all types of terrorist activities, production and consumption of
intoxicants (muskirat), production and smuggling of narcotics.
The state regulates the
policy of the country on the basis of preserving the independence,
national interests, territorial integrity, non-aggression, good
neighborliness, mutual respect, and equal rights.
(1) Mines, underground resources are properties of the state.
(2) Protection, use, management, and mode of utilization of the public properties shall be regulated by law.
The State encourages and
protects private capital investments and enterprises based on the
market economy and guarantees their protection in accordance with the
provisions of law.
Affairs related to the
domestic and external trade shall be regulated by law in accordance
with the needs of the national economy and public interests.
(1) Da Afghanistan Bank is the central and independent bank of the state.
(2) Issuance of
currency, and formulation and implementation of monetary policy of the
country are the mandates of the central bank in accordance with law.
(3) The central bank
shall consult with the economic committee of the House of
Representatives Wolesi Jirga in matters related to the printing of
(4) Structure and operation of this bank shall be regulated by law.
The state shall
formulate and implement effective programs for development of
industries, growth of production, increasing of public living
standards, and support to craftsmanship.
(1) The state shall
design and implement within its financial resources effective programs
for development of agriculture and animal husbandry, improving the
economic, social and living conditions of farmers, herders, settlement
and living conditions of nomads.
(2) The state adopts
necessary measures for housing and distribution of public estates to
deserving citizens in accordance within its financial resources and the
The state is obliged to adopt necessary measures for safeguarding forests and the environment.
(1) From among the
languages of Pashtu, Dari, Uzbeki, Turkmani, Baluchi, Pashai,
Nuristani, Pamiri (alsana), Arab and other languages spoken in the
country, Pashtu and Dari are the official languages of the state.
(2) The Turkic languages
(Uzbaki and Turkmen), Baluchi, Pashai, Nuristani and Pamiri (alsana)
are -- in addition to Pashto and Dari -- the third official language in
areas where the majority speaks them. The practical modalities for
implementation of this provision shall be specified by law.
(3) The state adopts and implements effective plans for strengthening, and developing all languages of Afghanistan.
(4) Publications and radio and television broadcasting are allowed in all languages spoken in the country.
The state shall adopt
necessary measures for promotion of education in all levels,
development of religious education, organizing and improving the
conditions of mosques, madrasas and religious centers.
(1) The calendar of the country shall be based on the flight of the Prophet (PBUH).
(2) The basis of work for state offices is the solar calendar.
(3) Fridays and the 28 Asad and the 8 Sawr are public holidays. Other holidays shall be regulated by law.
Flag, Insignia, Emblem
(1) The Afghan flag is
made up of three equal parts, with black, red and green colors
juxtaposed from left to right perpendicularly.
(2) The width of every colored piece is equal to half of its length. The national insignia is located in the center of the flag.
(3) The national insignia of the state of Afghanistan is composed of Mehrab and pulpit in white color.
(4) Two flags are
located on its two sides. In the upper-middle part of the insignia the
sacred phrase of "There is no God but Allah and Mohammad is his
prophet, and Allah is Great" is placed, along with a rising sun. The
word "Afghanistan" and year 1298 (solar calendar) is located in the
lower part of the insignia. The insignia is encircled with two branches
(5) The law shall regulate the use of national flag and emblem.
The National Anthem of
Afghanistan shall be in Pashtu and mention "Allahu Akbar" and the names
of the ethnic groups of Afghanistan.
The capital of Afghanistan is the city of Kabul.
Fundamental Rights and Duties of Citizens
(1) Any kind of discrimination and privilege between the citizens of Afghanistan are prohibited.
(2) The citizens of Afghanistan -- whether man or woman -- have equal rights and duties before the law.
Life is a gift of God
and a natural right of human beings. No one shall be deprived of this
right except by the provision of law.
Liberty, Human Dignity
(1) Liberty is the
natural right of human beings. This right has no limits unless
affecting the rights of others or public interests, which are regulated
(2) Liberty and dignity of human beings are inviolable.
(3) The state has the duty to respect and protect the liberty and dignity of human beings.
Presumption of Innocence
(1) Innocence is the original state.
(2) An accused is considered innocent until convicted by a final decision of an authorized court.
(1) Crime is a personal action.
(2) The prosecution, arrest, and detention of an accused and the execution of penalty can not affect another person.
(1) No act is considered a crime, unless determined by a law adopted prior to the date the offense is committed.
(2) No person can be pursued, arrested or detained but in accordance with provisions of law.
(3) No person can be
punished but in accordance with the decision of an authorized court and
in conformity with the law adopted before the date of offense.
(1) No citizen of
Afghanistan accused of a crime can be extradited to a foreign state
unless according mutual agreement and international conventions that
Afghanistan has joined.
(2) No Afghan would be sentenced to deprivation of citizenship or to exile inside the country or abroad.
(1) Torture of human beings is prohibited.
(2) No person, even with
the intention of discovering the truth, can resort to torture or order
the torture of another person who may be under prosecution, arrest, or
imprisoned, or convicted to punishment.
(3) Punishment contrary to human integrity is prohibited.
(1) Any statement, testimony, or confession obtained from an accused or of another person by means of compulsion, are invalid.
(2) Confession to a crime is: a voluntary confession before an authorized court by an accused in a sound state of mind.
(1) Every person upon
arrest can seek an advocate to defend his rights or to defend his case
for which he is accused under the law.
(2) The accused upon
arrest has the right to be informed of the attributed accusation and to
be summoned to the court within the limits determined by law.
(3) In criminal cases, the state shall appoint an advocate for a destitute.
(4) The confidentiality
of oral, written or telephonic communications between an advocate and
his accused client are immune from invasion.
(5) The duties and authorities of advocates shall be regulated by law.
(1) Being in debt does not limit a person's freedom or deprive him of his liberties.
(2) The mode and means of recovering a debt shall be regulated by law.
(1) The citizens of Afghanistan have the right to elect and be elected.
(2) Law regulates the conditions and means to exercise this right.
Expression, Press, Media
(1) Freedom of expression is inviolable.
(2) Every Afghan has the
right to express his thought through speech, writing, or illustration
or other means, by observing the provisions stated in this Constitution.
(3) Every Afghan has the
right to print or publish topics without prior submission to the state
authorities in accordance with the law.
(4) Directives related to printing house, radio, television, press, and other mass media, will be regulated by the law.
(1) The citizens of
Afghanistan have the right to form social organizations for the purpose
of securing material or spiritual aims in accordance with the
provisions of the law.
(2) The citizens of
Afghanistan have the right to form political parties in accordance with
the provisions of the law, provided that:
-- The program and
charter of the party are not contrary to the principles of sacred
religion of Islam, and the provisions and values of this Constitution.
-- The organizational structure, and financial sources of the party are made public.
-- The party does not have military or paramilitary aims and structures.
-- The party should have no affiliation to a foreign political party or sources.
(3) Formation and
functioning of a party based on ethnicity, language, Islamic school of
thought (mazhab-i fiqhi) and region is not permissible.
(4) A party set up in
accordance with provisions of the law shall not be dissolved without
lawful reasons and the decision of an authorized court.
The citizens of Afghanistan have the right to un-armed demonstrations, for legitimate peaceful purposes.
Confidentiality of Communication
(1) Confidentiality and
freedom of correspondence and communication whether in the form of
letters or through telephone, telegraph and other means, are immune
(2) The state does not
have the right to inspect personal correspondence and communication
unless authorized by the provisions of law.
Residence, Home, Search
(1) A person's residence is immune from invasion.
(2) Other than the
situations and methods indicated in the law, no one, including the
state, are allowed to enter or inspect a private residence without
prior permission of the resident or holding a court order.
(3) In case of an
evident crime, an official in-charge of the situation can enter or
conduct a house search prior to the permission of the court.
(4) The official
involved in the situation is required to obtain a subsequent court
order for the house search within the period indicated by law.
Movement, Settlement, Travel
(1) Every Afghan has the right to travel or settle in any part of the country except in the regions forbidden by law.
(2) Every Afghan has the right to travel abroad and return home in accordance with the provisions of law.
(3) The state shall protect the rights of the citizens of Afghanistan abroad.
(1) Property is immune from invasion.
(2) No person shall be forbidden from acquiring and making use of a property except within the limits of law.
(3) Nobody's property shall be confiscated without the provisions of law and the order of an authorized court.
(4) Acquisition of a
person's property, in return for a prior and just compensation within
the bounds of law, is permitted only for securing public interests in
accordance with the provisions of law.
(5) Inspection and disclosure of a private property are carried out only in accordance with the provisions of law.
Property of Foreigners
(1) Foreign individuals do not have the right to own immovable property in Afghanistan.
(2) Lease of immovable property for the purpose of investment is permissible in accord with law.
(3) The sale of estates
to diplomatic missions of foreign countries and to those international
agencies, of which Afghanistan is a member, is permissible in
accordance with the provisions of law.
(1) Every Afghan is obligated to pay taxes and duties to the government in accordance with the provisions of law.
(2) No taxes and duties are enforced without provisions of law.
(3) The rate of taxes and duties and the method of payment are determined by law on the basis of observing social justice.
(4) This provision is also applied to foreign individuals and agencies.
(5) Every kind of tax, duties, and incomes collected, shall be delivered to the State account.
(1) Education is the
right of all citizens of Afghanistan, which shall be provided up to the
level of the B.A. (lisâns), free of charge by the state.
(2) The state is obliged
to devise and implement effective programs for a balanced expansion of
education all over Afghanistan, and to provide compulsory intermediate
(3) The state is also required to provide the opportunity to teach native languages in the areas where they are spoken.
Education for Women and Nomads, Illiteracy
The state shall devise
and implement effective programs for balancing and promoting of
education for women, improving of education of nomads and elimination
of illiteracy in the country.
Unified Educational Curriculum
The state shall devise
and implement a unified educational curriculum based on the provisions
of the sacred religion of Islam, national culture, and in accordance
with academic principles, and develops the curriculum of religious
subjects on the basis of the Islamic sects existing in Afghanistan.
Higher Education, Schools
(1) Establishing and operating of higher, general and vocational education are the duties of the state.
(2) The citizens of
Afghanistan also can establish higher, general, and vocational private
educational institutions and literacy courses with the permission of
(3) The state can also
permit foreign persons to set up higher, general and vocational
educational private institutes in accordance with the law.
(4) The conditions for admission to state higher education institutions and other related matters to be regulated by the law.
Science, Culture, Literature, Arts
(1) The state shall devise effective programs for the promotion of science, culture, literature and the arts.
(2) The state guarantees
the rights of authors, inventors, and discoverers, and encourages and
supports scientific researches in all areas, and publicizes the
effective use of their results in accordance with the law.
(1) Work is the right of every Afghan.
(2) Working hours, paid holidays, right of employment and employee, and other related affairs are regulated by law.
(3) Choice of occupation and craft is free within the limits of law.
(1) Forced labor is forbidden.
participation, in times of war, calamity, and other situations
threatening lives and public welfare is one of the primary duties of
(3) Children shall not be subjected to forced labor.
Public Administration, Offices, Information
(1) The state is obliged
to adopt necessary measures for creation of a strong and sound
administration and realization of reforms in the administration system
of the country after authorisation by the National Assembly.
(2) Government offices are bound to carry their work with full neutrality and incompliance with the provisions of law.
(3) The citizens of
Afghanistan have the right of access to the information from the
government offices in accordance with the provisions of law.
(4) This right has no limits, unless violation of the rights of the others.
(5) The citizens of
Afghanistan are employed for state services on the basis of
qualification without any kind of discrimination and in accordance with
(1) Any person suffering undue harm by government action is entitled to compensation, which he can claim by appealing to court.
(2) With the exception
of situation stated in the law, the state cannot claim its right
without the order of an authorized court.
Health Care, Hospitals, Physical Education, Sports
(1) The state is obliged
to provide free means of preventive health care and medical treatment,
and proper health facilities to all citizens of Afghanistan in
accordance with the law.
(2) The state encourages
and protects the establishment and expansion of private medical
services and health centers in accordance with law.
(3) The state in order to promote physical education and improve national and local sports adopts necessary measures.
(1) The state takes
necessary measures for regulating medical services and financial
support to descendants of those who were martyred or are missing, to
disabled or handicapped, and their active participation and
re-integration into society in accordance with the law.
(2) The state guarantees
the rights and privileges of pensioners and disabled and handicapped
individuals and as well renders necessary assistance to needy elders,
women without caretakers, and needy orphans in accordance with the law.
(1) Family is a fundamental unit of society and is supported by the state.
(2) The state adopts
necessary measures to ensure physical and psychological well being of
family, especially of child and mother, upbringing of children and the
elimination of traditions contrary to the principles of sacred religion
Defense, Military Service
(1) The defense of the country is the responsibility of all citizens of Afghanistan.
(2) The conditions for military services are regulated by law.
Obeying the Law
(1) Observing the
provisions of the Constitution, obeying the laws, adhering to public
law and order are the duties of all people of Afghanistan.
(2) Ignorance about the provisions of law is not considered an excuse.
Rights of Foreigners
(1) The state guarantees the rights and liberties of the foreign citizens residing in Afghanistan in accordance with the law.
(2) These people are obliged to observe the laws of the state of Afghanistan in accordance with the International Law.
Human Rights Commission
(1) The State, for the
purpose of monitoring the observation of human rights in Afghanistan,
to promote their advancement (behbud) and protection, shall establish
the Independent Human Rights Commission of Afghanistan.
(2) Any person, whose fundamental rights have been violated can file complaint to the Commission.
(3) The Commission can
refer cases of violation of human rights to the legal authorities, and
assist in defending the rights of the complainant.
(4) The structure, and functions of this Commission shall be regulated by law.
Misuse of Rights
No one can misuse the
rights and freedoms under this Constitution against the independence,
territorial integrity, sovereignty and national unity.
Head of State, Vice Presidents
(1) The President is the
head of state of the Islamic Republic of Afghanistan, and conducts his
authorities in executive, legislative, and judiciary branches in
accordance with the provisions of this Constitution.
(2) The President shall have two Vice Presidents, one first and one second.
(3) The candidate to the Presidency on his or her candidacy shall declare the name of the Vice Presidents to the nation.
(4) The Vice President
in the absence, resignation, and or death of the President, acts in
accordance with the provisions of this constitution.
(1) The President is elected by receiving more than 50% of the votes cast through free, general, secret, and direct voting.
(2) The presidential term is expired at the first of Jawza of the fifth years after the elections.
(3) Elections for the new president are held within thirty, to sixty days before the end of the presidential term.
(4) If none of the
candidates succeeds to receive more than 50% of the votes in the first
round, a run-off election shall be held within two weeks.
(5) In this round, only two candidates with the highest number of votes will participate.
(6) In the run-off, the candidate who gets the majority of the votes shall be elected as the President.
(7) In case of death of
one of the candidates during the first or second round, after the
elections or prior to the announcement of the results of elections, new
elections shall be held in accordance with the provisions of law.
(8) The elections for
the post of president shall be held under the supervision of the
Independent Commission supervising of the Elections.
(9) This Commission
shall be established to supervise all elections and referendums in the
country, in accordance with the provisions of law.
(1) Presidential candidates should posses the following qualification:cralaw
-- Should be citizen of Afghanistan, Muslim and born of Afghan parents, and should not have citizenship of another country.
-- On the day of becoming a candidate, his age should not be less than forty years.
-- Should not have been convicted of crimes against humanity, criminal act, or deprivation of the civil rights by a court.
(2) No one can be elected as president for more than two terms.
(3) The provision of this ARTICLE is applied to the Vice Presidents as well.
Oath of Allegiance
prior to resumption of his/her duties, performs the following oath of
allegiance in the presence of members of the National Assembly and the
"In the name Allah, the Merciful, the Compassionate
In the name God
Almighty, in the presence of you representatives of the nation of
Afghanistan, I swear to obey and safeguard the provisions of the sacred
religion of Islam, to observe the Constitution and other laws of
Afghanistan and supervise their implementation; to safeguard the
independence, national sovereignty, and the territorial integrity of
Afghanistan and the fundamental rights and interests of the people of
Afghanistan, and with the assistance of God and the support of the
nation, to make great and sincere efforts for the happiness and
progress of the people of Afghanistan."
Powers and Duties
The powers and duties of the President are as follows:
-- Supervising the implementation of the Constitution.
-- Determining the fundamental policies of the state with the approval of the National Assembly.
-- Being the Command-in-Chief of the armed forces of Afghanistan.
-- Declaration of war and ceasefire with the approval of the National Assembly.
-- Taking the required decision during defending of territorial integrity and protecting of the independence.
-- Sending contingents of the armed forces to foreign countries with the approval of the National Assembly.
-- Convening Grand Council Loya Jirga except in a situation stated in ARTICLE 68 of this Constitution.
-- Declaring the state of emergency and ending it with the approval of the National Assembly.
-- Inaugurating the National Assembly and the Grand Council Loya Jirga.
-- Accepting resignation of the Vice President.
-- Appointing of
Ministers, the Attorney General, the Director of the Central Bank, Head
of the National Security Directorate and the President of the Afghan
Red Crescent Society with the approval of the House of Representatives
Wolesi Jirga, and acceptance of their dismissal and resignation.
-- Appointing the head and members of the Supreme Court with the approval of the House of Representatives Wolesi Jirga.
retirement and acceptance of resignation and dismissal of judges,
officers of the armed forces, police, national security, and
high-ranking officials in accordance with the law.
-- Appointment of heads of diplomatic missions of Afghanistan in foreign countries and international organizations.
-- Accepting the credentials of diplomatic missions in Afghanistan.
-- Signing of laws and legislative decrees.
-- Issuing credential
letter for the conclusion of bi-lateral and international treaties in
accordance with the provisions of law.
-- Reducing and pardoning penalties in accordance with law.
-- Issuing medals, and honorary titles in accordance with the provision of law.
-- The establishment of commissions for the improvement of the administrative condition of the country, in accordance with law.
-- Exercising other authorities in accordance with the provisions of this Constitution.
Call for Referendum
(1) The President can call for a referendum on important national, political, social or economic issues.
(2) Call for referendum shall not be contrary to the provisions of this constitution or for the amendment of it.
(1) The President takes
into consideration the supreme interests of the people of Afghanistan
while enforcing the powers stated in this Constitution.
(2) The President cannot sell or bestow state properties without the provisions of the law.
(3) The President cannot
act based on linguistic, ethnic, religious, political, and regional
considerations during his term in office.
(1) In case of
resignation, impeachment, or death of the President, or of a serious
illness that could hinder the performance of duties, the First Vice
President undertakes his duties and authorities.
(2) The President declares his resignation personally to the National Assembly.
(3) The serious illness shall be proved by an authorized medical committee appointed by the Supreme Court.
(4) In this case,
election for the new President shall be held within the period of three
months in accordance with the ARTICLE 61 of this constitution.
(5) During the time when the First Vice President fills in as the interim President, he cannot perform the following:
-- Amendment of the constitution
-- Dismissal of ministers.
-- Call for a referendum.
(6) During this period
the Vice Presidents can nominate themselves as candidates for the post
of President in accordance with the provisions of this constitution.
(7) In the absence of the President, the duties of the First Vice President shall be determined by the President.
(1) In case of
resignation and or death of one of the Vice President, another person
shall replace him by the proposal of the President and approval of the
House of Representatives Wolesi Jirga.
(2) In case of
simultaneously death of the President and First Vice President, his
duties shall be implemented in turn by the Second Vice President, by
the Chair of the Senate Meshrano Jirga and in the absence of the
chair of the Senate Meshrano Jirga, Chair of the House of
Representatives Wolesi Jirga, and in the absence of the Chair of the
House of Representatives Wolesi Jirga, the Foreign Minister shall
take the duties of the President in accordance with the ARTICLE 67 of
(1) The President is responsible to the nation and the House of Representatives Wolesi Jirga in accordance with this ARTICLE.
(2) Accusations of crime
against humanity, national treason or crime can be leveled against the
President by one third of the members of the House of Representatives Wolesi Jirga.
(3) If two third of the
House of Representatives Wolesi Jirga votes for charges to be brought
forth, the House of Representatives Wolesi Jirga shall convene a
Grand Council Loya Jirga within one month.
(4) If the Grand Council Loya Jirga approve the accusation by a two-thirds majority of votes
the President is then dismissed, and the case is referred to a special
(5) The special court is
composed of three members of the House of Representatives Wolesi
Jirga, and three members of the Supreme Court appointed by the Grand
Council Loya Jirga and the Chair of the Senate Meshrano Jirga.
(6) The lawsuit is conducted by a person appointed by the Grand Council Loya Jirga.
(7) In this situation, the provisions of ARTICLE 67 of this Constitution are applied.
(1) The salary and expenditures of the President are regulated by law.
(2) After expiration of
his term, the President is entitled to financial benefits of the
presidency for the rest of his life in accordance with the law except
in the case of dismissal.
(1) The government consists of the ministers who work under the Chairmanship of the President.
(2) Ministers are appointed by the President and shall be introduced for approval to the National Assembly.
The person who is appointed as the Minister, should have the following qualifications:
-- Must have only the
citizenship of Afghanistan. Should a nominee for a ministerial post
also hold the citizenship of another country, the House of
Representatives Wolesi Jirga shall have the right to confirm or
reject his or her nomination.
-- Should have higher education, work experience and, good reputation.
-- His age should not be less than thirty-five.
-- Should not have been convicted of crimes against humanity, criminal act, or deprivation of civil rights by a court.
(1) The Ministers can be appointed from within and without the National Assembly.
(2) If a member of the
National Assembly is appointed as a minister, he loses his membership
in the National Assembly, and is replaced by another person in
accordance with the provisions of law.
Oath of Office
Prior to taking office, the minister perform the following oath in the presence of the President:cralaw
"In the name of Allah, the merciful and compassionate:
I swear in the name of
God Almighty to support the provisions of the sacred religion of Islam,
follow the Constitution and other laws of Afghanistan, protect the
rights of citizens, and safeguard the independence, territorial
integrity and national unity of Afghanistan, and consider God Almighty
present in performing all my responsibilities, and honestly perform the
duties assigned to me."
Duties of the Government
The government has the following duties.
-- Execute the provision of this Constitution, other laws, and final orders of the courts.
-- Protect the
independence, defend the territorial integrity, and safeguard the
interests and dignity of Afghanistan in the international community.
-- Maintenance of public law and order and elimination of administrative corruption.
-- Prepare the budget, regulate financial affairs, and protect public wealth.
-- Devise and implement programs for social, cultural, economic, and technological progress.
-- Report to the
National Assembly at the end of the fiscal year about the tasks
accomplished and about the main plans for the new fiscal year.
-- Perform other duties as recognized by this Constitution and other laws to be duties of the government.
(1) In order to
implement the main policies of the country, and regulation of its
duties, the government shall devise and approve regulations.
(2) These regulations should not be contradictory to the text and spirit of any law.
Heads of Administrative Units
(1) As heads of
administrative units and members of the government, the ministers
perform their duties within the limits determined by this Constitution
and other laws.
(2) The Ministers are responsible to the President and the House of Representatives Wolesi Jirga for their particular duties.
If a Minister is accused
of crime against humanity, national treason or criminal act of a crime,
the case shall be referred to a special court in accordance with the ARTICLE 134 of this constitution.
Emergency Legislation by Decree
(1) In cases of recess
of the House of Representatives Wolesi Jirga, the government can
adopt legislation in an emergency situation on matters other than those
related to budget and financial affairs.
(2) The legislative decrees become laws after they are signed by the President.
(3) The legislative
decrees should be submitted to the National Assembly in the course of
thirty days beginning from the first session of the National Assembly.
(4) In case of rejection by the National Assembly, the legislations become void.
The Minister during the
course of their work cannot use their posts for linguistic, regional,
ethnic, religion and partisan purposes.
The National Assembly
(1) The National
Assembly of the Islamic Republic of Afghanistan as the highest
legislative organ is the manifestation of the will of its people and
represents the whole nation.
(2) Every member of the
National Assembly takes into judgment the general welfare and supreme
interests of all people of Afghanistan at the time of casting their
(1) The National
Assembly consists of two houses: House of Representatives Wolesi
Jirga (the House of People) and Senate Meshrano Jirga. (House of
(2) No one can become member of both houses simultaneously.
House of Representatives
(1) Members of the House
of Representatives Wolesi Jirga are elected by the people through
free, general, secret, and direct elections.
(2) Their mandate ends on the 1st of Saratan of the fifth year after the elections, and the new assembly starts its work.
(3) The election of the
members of the House of Representatives Wolesi Jirga shall be held
within 30 to 60 days before the expiry of the term of the House of
Representatives Wolesi Jirga.
(4) The number of
members of the House of Representatives Wolesi Jirga, proportionate
to the population of each region, shall be not more than two hundred
(5) Electoral constituency and other related issues shall be determined by election laws.
(6) In the election law
measures should be adopted for so the election system shall provide
general and just representation for all the people of the country, and
at least two female delegate should be elected from each province.
(1) Members of the Senate Meshrano Jirga are elected and appointed as follows:cralaw
(2) From among the members of each provincial council, the respective council elects one person for a period of four years.
(3) From among the district councils of each province, the respective councils elect one person for a period of three years.
(4) The President from
among experts and experienced personalities -- including two
representatives from the disabled and impaired and two representatives
from the Kochis -- appoints the remaining one-third of the members for
a period of five years.
(5) The president appoints 50% of these people from among women.
(6) A person, who is
appointed as a member of the Senate Meshrano Jirga, shall relinquish
his membership in the respective council, and another person replaces
him in accordance with the law.
(1) A person who is
nominated or appointed as a member of the National Assembly should have
the following qualifications in addition to those considered by voters.
(2) Should be the
citizen of Afghanistan, or has obtained the citizenship of the state of
Afghanistan at least ten years before becoming a candidate.
(3) Should not have been
convicted by a court for committing a crime against humanity, a crime,
or sentenced of deprivation of his civil rights
(4) Members of House of
Representatives Wolesi Jirga should be Twenty Five years old at the
date of candidacy, and members of the Senate Meshrano Jirga should be
Thirty Five years old at the date of candidacy or appointment.
Independent Electoral Commission
Credentials of members of the National Assembly are reviewed by the Independent Electoral Commission in accordance with law.
(1) In the beginning of
the legislative period, each one of the two houses elects one of its
members as the Chairperson, and two people as the first and second Vice
Chairperson, and two people as the secretary and assistant secretary
for a period of one year.
(2) These individuals constitute the administrative board in their respective houses.
(3) The duties of the administrative boards are determined in the regulations pertaining to the internal duties of each house.
Each house of the
National Assembly sets up commissions to study the topics under
discussion in accordance with its internal regulations.
Special Commission for Inquiry
(1) The House of
Representatives Wolesi Jirga has the authority to set up a special
commission if one-third of its members put forward a proposal to
inquire about and study government actions.
(2) The composition and
procedure of this commission shall be specified by the internal
regulations of the House of Representatives Wolesi Jirga.
Powers of then National Assembly
The National Assembly has the following powers:cralaw
-- Ratification, modification, or abrogation of laws and or legislative decrees.
-- Approval of plans for economic, social, cultural, and technological development.
-- Approval of state budget, permission for obtaining, and granting loans.
-- Creation, modification of administrative units.
-- Ratification of international treaties and agreements, or abrogation of the membership of Afghanistan to them.
-- Other authorities specified in this Constitution.
Powers of the House of Representatives
House of Representatives Wolesi Jirga has the following special powers:cralaw
-- Deciding on interpellation of each of the ministers in accordance with the provisions of ARTICLE 92 of this constitution.
-- Taking the final
decision about the state's development programs and state budget, in
case of a disagreement between the House of Representatives Wolesi
Jirga and the Senate Meshrano Jirga.
-- Approval of the appointments according to the provisions of this constitution.
Interpellation, Vote of No Confidence
(1) House of
Representatives Wolesi Jirga, based on a proposal by one-tenth of all
members, can interpellate each of the Ministers.
(2) If the responses
given are not satisfactory, House of Representatives Wolesi Jirga
shall consider the issue of vote of no confidence.
(3) Vote of no confidence on a Minister should be explicit, direct, and on the basis of well founded reasons.
(4) This vote should be approved by a majority of all members of the House of Representatives Wolesi Jirga.
(1) Any commission of both Houses of the National Assembly can question each of the Ministers about specific topics.
(2) The person questioned can provide verbal or written response.
Legislation, Veto, Qualified Vote
(1) Law is what both
Houses of the National Assembly approve and the President endorses
unless this Constitution states otherwise.
(2) In case the
President does not agree to what the National Assembly approves, he or
she can send the document back with justifiable reasons to the House of
Representatives Wolesi Jirga within fifteen days of its submission.
(3) With the passage of
this period or in case the House of Representatives Wolesi Jirga
approves a particular case again with a majority of two-thirds votes,
the bill is considered endorsed and enforced.
Proposal for the
promulgation of a law can be initiated by the government, or members of
the National Assembly, and in the domain of regulating the judicial
affairs through the Supreme Court by the government.
Proposal for budget and financial affairs are initiated only by the government.
Form and Procedure
(1) Proposals for
promulgation of law initiated by the government are submitted first to
the House of Representatives Wolesi Jirga.
(2) If a proposal for
the promulgation of law includes imposition of new taxes or reduction
in state incomes, it is included in the working agenda on condition
that an alternative source is also envisioned.
(3) The House of
Representatives Wolesi Jirga approves or rejects the proposal of the
promulgation of law including budget and financial affairs and the
proposal of taking or giving loan after discussion as a whole.
(4) The House of Representatives Wolesi Jirga cannot delay the proposal more than one month.
(5) The proposed draft
of law is submitted to the Senate Meshrano Jirga, after its approval
by the House of Representatives Wolesi Jirga.
(6) The Senate Meshrano Jirga decides on the draft within a period of fifteen days
(7) The National
Assembly shall give priority to the promulgation of laws, treaties, and
development plans of the government that require argent consideration
and decision as per the request of the government.
(8) If a proposal for
promulgation of law is initiated by ten members of one of the two
Houses and then approved by one fifth members of the respective houses,
it can be admitted to the agenda of the respective houses.
(1) The state budget and
development plan of the government is submitted through the Senate
Meshrano Jirga along with an advisory comments to the House of
Representatives Wolesi Jirga.
(2) The decision of the
House of Representatives Wolesi Jirga, irrespective of the consent of
the Senate Meshrano Jirga, is enforceable after it is signed by the
(3) If for some reasons
the budget is not approved before the beginning of the new fiscal year,
the budget of the year before is applied until the approval of the new
(4) The government is
obligated to give to the House of Representatives Wolesi Jirga the
budget of the new fiscal year and a brief account of the current year's
budget within the forth quarter of the fiscal year.
(5) The definite account
of the previous fiscal year shall be submitted by the government to the
House of Representatives Wolesi Jirga within six months of the new
year, in accordance with the provisions of law
(6) House of
Representatives Wolesi Jirga cannot delay the approval of the budget
for more than one month or permission to give or take loan for more
than a 15 days.
(7) If during this
period House of Representatives Wolesi Jirga does not take any
decision with regards to taking or giving loan, the proposal will be
considered as approved.
If, during a session of
the National Assembly, the annual budget or a developmental plan or an
issue related to public security, territorial integrity, and the
country's independence is under discussion, the session of the assembly
cannot end before the approval of the matter.
(1) In case the decision
of one house is rejected by another house, a combined committee
composed of equal members of each house is formed to resolve the
(2) The decision of the committee is enforced after its approval by the President.
(3) In case the combined
committee cannot solve the disagreement, the defeated resolution is
considered void. And, if the resolution is approved by the House of
Representatives Wolesi Jirga, it can be approved in the next session
of the House of Representatives Wolesi Jirga by the majority of its
(4) This approval is
assumed as enforceable, after it is signed by the President, without
submission to the Senate Meshrano Jirga.
(5) In case the
disagreement between the two houses is over legislations involving
financial affairs, and the combined committee is not able to resolve
it, the House of Representatives Wolesi Jirga can approve the draft
by the majority vote of its members.
(6) This draft is assumed as enforceable without submission to the Senate Meshrano Jirga after it is signed by the President.
No member of the National Assembly is legally prosecuted due to expressing his views while performing his duty.
(1) When a member of the
National Assembly is accused of a crime, the law enforcement authority
informs the house, of which the accused is member, about the case, and
the accused member can be prosecuted.
(2) In case of an
evident crime, the law enforcement authority can legally pursue and
arrest the accused without the permission of the house, which the
accused is a member of.
(3) In both cases, when
legal prosecution requires detention of the accused, law enforcement
authorities are obligated to inform the respective house, about the
(4) If the accusation
takes place when the assembly is in recess, the permission of arrest is
obtained from the administrative board of the respective house and the
decision of this board is presented to the first session of the
aforementioned house for a decision.
(1) The ministers can participate in the sessions of each one of the two houses of the National Assembly.
(2) Each house of the National Assembly can demand the participation of Ministers to take part in its session.
(1) Both houses of the National Assembly hold their sessions separately at the same time.
(2) Under the following circumstances, both houses can hold joint sessions:
-- When the legislative session, or the annual session is inaugurated by the President.
-- When it is deemed necessary by the President.
(3) In this case the head of the House of Representatives Wolesi Jirga, chairs the joint session of the National Assembly.
(1) The sessions of the
National Assembly are open unless the Chairman of the assembly, or at
least ten members of the National Assembly request their secrecy and
the assembly accepts this request.
(2) No one shall enter the building of the National Assembly by force.
The quorum for sessions
of each house of the National Assembly is a majority of its members,
and its decisions are taken by majority of the members present, unless
this Constitution states otherwise.
Ordinary and Extraordinary Sessions
(1) The National Assembly convenes two ordinary sessions each year.
(2) The term of the National Assembly in each year is nine months.
(3) When necessary, the assembly can extend this period.
(4) Extraordinary sessions of the assembly during recess can take place by the order of the President.
Death, Resignation, Dismissal
(1) In cases of death,
resignation or dismissal of a member of the House of Representatives Wolesi Jirga, and/or disability or handicap, which prevents
performance of duties permanently, election in the related constituency
is held for a new representative for the rest of the legislative
period, in accordance with the law.
(2) In the
above-mentioned situations, a new member of the Senate Meshrano Jirga
shall be appointed in accordance with ARTICLE 87 of this Constitution.
(3) Matters involving the presence or absence of members of the National Assembly are regulated according to internal rules.
Amendments of the Electoral Law
Proposals for amendments
of the electoral law cannot be included in the working agenda of the
assembly during the last year of the legislative period.
Grand Council Loya Jirga
(1) Grand Council Loya Jirga is the highest manifestation of the people of Afghanistan.
(2) Grand Council Loya Jirga consists of the following:
-- Members of the National Assembly.
-- Chairpersons of the provincial, and district councils.
(3) The ministers, Chief
Justice and members of the Supreme Court, can participate in the
sessions of the Grand Council Loya Jirga without the right to vote.
Grand Council Loya Jirga is convened in the following situations:cralaw
-- To take decision on
the issues related to independence, national sovereignty, territorial
integrity, and supreme interests of the country.
-- To amend the provisions of this Constitution.
-- To prosecute the President in accordance with the provisions of ARTICLE 69 of this Constitution.
The Grand Council Loya
Jirga in its first session elects from among its members a
chairperson, a deputy-chair, and a secretary and an assistant secretary.
(1) The quorum of the Grand Council Loya Jirga for voting is completed by the majority of members.
(2) The decisions of the
Grand Council Loya Jirga are taken by a majority of the present
members except in cases as explicitly stated in this Constitution.
Discussions of the Grand
Council Loya Jirga are open except when one--fourth of its members
demand their secrecy, and the Grand Council Loya Jirga accepts this
Indemnity and Immunity
During the session of a
Grand Council Loya Jirga, the provision of ARTICLEs 101 and 102 of
this Constitution are applied on its members.
(1) The judicial branch is an independent organ of the state of the Islamic Republic of Afghanistan.
(2) The judicial branch
consists of the Supreme Court (Stera Mahkama), High Courts, Appeal
Courts. Structure of authorities of which are determined by law.
(3) The Supreme Court as the highest judicial organ, heads the judiciary organ of the Islamic Republic of Afghanistan.
(1) The Supreme Court is
composed of nine members who are appointed by the President for a
period of ten years with the approval of the House of Representatives
Wolesi Jirga with observance of the provisions of last paragraph of
the ARTICLE 50 and ARTICLE 118 of this Constitution. In the beginning
the appointment will be as such:cralaw
(2) Three members are
appointed for a period of four years, three members for seven years and
three members for ten years. Later appointments will be for a period of
(3) The appointment of the members for the second term is not permissible.
(4) The President appoints one of its members as the Head of the Supreme Court.
(5) Members in no way
can be dismissed from their service until the end of their term, except
circumstances stated in ARTICLE 127 of this Constitution.
Qualifications for the Supreme Court
A member of the Supreme Court shall have the following qualifications:
-- The age of the Head of the Supreme Court and its members should not be lower than forty at the time of appointment
-- Shall be a citizen of Afghanistan.
-- Shall have a higher
education in law or in Islamic jurisprudence, and shall have sufficient
expertise and experience in the judicial system of Afghanistan.
-- Shall have high ethical standards and a reputation of good deeds.
-- Shall not have been
convicted of crimes against humanity, crimes, and sentenced of
deprivation of his civil rights by a court.
-- Shall not be a member of any political party during the term of official duty.
Oath of Office for the Supreme Court
Members of the Supreme Court take the following oath in the presence of the President before occupying the post:cralaw
"In the name Allah, the Merciful and the Compassionate
I swear in the name of
God Almighty to support justice and righteousness in accord with the
provisions of the sacred religion of Islam and the provisions of this
Constitution and other laws of Afghanistan, and to execute the duty of
being a judge with utmost honesty, righteousness and nonpartisanship."
Duty to Decide
The authority of the
judicial organ is to attend to all lawsuits in which real individuals
or incorporeal including the state stand before it as plaintiff or
defendant and in its presence is expressed in accord with provisions of
The Supreme Court upon
request of the Government or the Courts can review compliance with the
Constitution of laws, legislative decrees, international treaties, and
international conventions, and interpret them, in accordance with the
(1) No law, under any
circumstance, can transfer a case from the jurisdiction of the judicial
branch to another organ as has been determined in this Constitution.
(2) This provision does
not apply to establishing special Courts stated in ARTICLEs 69, 78 and
127 of this Constitution and military courts in matters relating to
(3) The structure and authority of these courts are regulated by law.
With observance of the
provisions of this Constitution, the rules related to the structure,
authority, and performances of the courts, and the duties of judges are
regulated by law.
Other officials and
administrative personnel of the judicial branch are subject to the
provisions of the laws related to the officials and other
administrative personnel of the state, but their appointment,
dismissal, promotion, pension, rewards and punishments are regulated by
the Supreme Court in accordance with the law.
(1) The budget of the
judicial branch is arranged in consultation with the government by the
Supreme Court and presented to the National Assembly by the government
as part of the state budget.
(2) Implementation of the budget of the judicial branch is the authority of the Supreme Court.
Remuneration of the Supreme Court
Members of the Supreme
Court enjoy official financial benefits for the rest of their lives
provided they do not occupy state and political positions.
(1) When more than
one-third of the members of the House of Representatives Wolesi Jirga
demand the trial of the Chief Justice, or a member of the Supreme Court
due to a crime committed during the performance of duty, and the House
of Representatives Wolesi Jirga approves of this demand by a majority
of two-thirds votes, the accused is dismissed from his post and the
case is referred to a special court.
(2) The setting up of the court and the procedures of trial are regulated by law.
Publicity of Courts
(1) In the courts of Afghanistan, trials are open and everyone is entitled to attend trials within the bounds of law.
(2) The court, in
situations which are stated in the law or in situations in which the
secrecy of the trial is deemed necessary, can conduct the trial behind
closed doors, but the announcement of the court decision should be open
in all instances.
Legal Reasoning, Capital Punishment
(1) The court is obliged to state the reasons for the decision it issues.
(2) All specific
decisions of the courts are enforceable, except for capital punishment,
which is conditional upon approval of the President.
(1) While processing the cases, the courts apply the provisions of this Constitution and other laws.
(2) When there is no
provision in the Constitution or other laws regarding ruling on an
issue, the courts' decisions shall be within the limits of this
Constitution in accord with the Hanafi jurisprudence and in a way to
serve justice in the best possible manner.
Shia Law for Shia Followers
(1) Courts shall apply
Shia school of law in cases dealing with personal matters involving the
followers of Shia Sect in accordance with the provisions of law.
(2) In other cases if no
clarification by this constitution and other laws exist and both sides
of the case are followers of the Shia Sect, courts will resolve the
matter according to laws of this Sect.
Appointment of Judges
(1) Judges are appointed with the recommendation of the Supreme Court and approval of the President.
(2) The appointment,
transfer, promotion, punishment, and proposals to retire judges are
within the authority of the Supreme Court in accordance with the law.
(3) The Supreme Court
shall establish the General Administration Office of the Judicial Power
for the purpose of better arrangement of the administration and
judicial affairs and insuring the required improvements.
Prosecution of Judges
(1) When a judge is
accused of having committed a crime, the Supreme Court shall inquire
about the case involving the judge in accordance with the law.
(2) After listening to
his defense, when the Supreme Court regards the accusation to be valid,
it shall present a proposal about the judge's dismissal to the
(3) After the
Presidential approval, the accused judge is dismissed from duty, and
punished in accordance with the provisions of the law.
(1) Discovery of crimes
is the duty of the police and investigation and prosecution are
conducted by the Attorney's Office in accordance with the provisions of
(2) The Attorney's Office is part the Executive branch, and is independent in its performances.
(3) The structure, authority, and activities of the Attorney's Office are regulated by law.
(4) Discovery and investigation of crimes related to the armed forces are regulated by a special law.
If parties involved in a
case do not know the language in which the trial is conducted, they
have the right to understand the material and documents related to the
case through an interpreter and the right to speak in their mother
language in the court.
(1) The Administration
of Islamic Republic of Afghanistan shall be based on central and local
administrative units in accordance with the law.
(2) The central administration is divided into a number of administrative units, each of which shall be headed by a minister.
(3) The local administrative unit is a province.
(4) The number, area,
parts, and structures of the provinces and the related administrations
are regulated by law on the basis of population, social and economic
conditions, and geographic location.
The government, while
preserving the principle of centralism, shall -- in accordance with the
law -- delegate certain authorities to local administration units for
the purpose of expediting and promoting economic, social, and cultural
affairs, and increasing the participation of people in the development
of the nation.
(1) In every province a provincial council is to be formed.
(2) Members of the
provincial council are elected in proportion to the population by free,
direct, secret ballot, and general elections by the residents of the
province for a period of four years in accordance with the law.
(3) The provincial council elects one of its members as Chairman.
(1) The provincial
council takes part in securing the developmental targets of the state
and improving its affairs in a way stated in the law, and gives advice
on important issues falling within the domain of the province.
(2) Provincial councils perform their duties in cooperation with the provincial administration.
District and Village Councils
(1) In order to organize
activities involving people and provide them with the opportunity to
actively participate in the local administration, councils are set up
in districts and villages in accordance with the provisions of the law.
(2) Members of these
councils are elected by the local people through, free, general, secret
and direct elections for a period of three years.
(3) The participation of nomads in these councils is regulated by law.
(1) Municipalities shall be set up in order to administer city affairs.
(2) The mayor and members of the municipal councils are elected by free, general, secret, and direct elections.
(3) The affairs related to municipalities are regulated by law.
For the purpose of the
implementation of the provisions, and ensuring the values of this
constitution, the state shall establish the required departments.
The State of Emergency
(1) If due to war,
threat of war, serious rebellion, natural disasters, or situations
similar to these protecting the independence or nation's survival
becomes impossible by following the provision of this Constitution, the
President in confirmation of National Assembly shall declare a state of
emergency in some or all parts of the country.
(2) If the state of
emergency continues for more than two months, the agreement of National
Assembly is required for its extension.
During the state of
emergency, the President, with the consultations of heads of the
National Assembly, and Chief Justice can transfer some authorities of
the National Assembly to the government.
During the state of
emergency, the President with the consent of the heads of the National
Assembly and the Supreme Court, can suspend the validity of the
following ARTICLEs or can place restrictions on them:cralaw
1. Paragraph two of ARTICLE 27.
2. ARTICLE 36.
3. Paragraph two of ARTICLE 37.
4. Paragraph two of ARTICLE 38.
Prohibition of Constitutional Amendments
During the State of Emergency, the Constitution cannot be amended.
Extended Terms of Office
(1) If the Presidential
term of office, and or the legislative period expire during a state of
emergency, the new elections shall be postponed, and the presidency,
and the legislative period shall be extended for up to four months.
(2) If the state of
emergency continues for more than four months, a Grand Council Loya
Jirga shall be called by the President for further decisions.
(3) Following the termination of state of emergency, election would be held within two months
Invalidation of Emergency Measures
After the end of the
state of emergency, the measures adopted on the basis of ARTICLEs 144
and 145 of this Constitution shall be considered invalid immediately.
Islam, Fundamental Rights
(1) The provisions of
adherence to the fundamentals of the sacred religion of Islam and the
regime of the Islamic Republic cannot be amended.
(2) The amendment of the fundamental rights of the people are permitted only in order to make them more effective.
(3) Considering new
experiences and requirements of the time, other contents of this
Constitution can be amended by the proposal of the President or by the
majority of the National Assembly in accordance with the provisions of ARTICLE 67 and 146 of this constitution.
Drafting Commission, Grand Council
(1) In order to
implement proposals regarding the amendment of the Constitution, a
Commission composed of members of the Government, National Assembly,
and the Supreme Court, shall be established by a Presidential decree,
and the commission shall prepare a draft of the amendments.
(2) For approval of the
amendments, a Grand Council Loya Jirga shall be convened by the
decree of the President in accordance with the provisions of the CHAPTER on the Loy Jirga.
(3) When the Grand
Council Loya Jirga approves an amendment by a majority of two-thirds
of its members, it shall be enforced after endorsement by the President.
(1) The President, Vice
Presidents, Ministers, Head and members of the Supreme Court, Head of
the Central Bank, National Security Directorate, Governors and Mayors
cannot engage in any profitable business contracts with the government
or individuals during their term of office.
(2) Contracts for the purpose of fulfilling personal needs are exception to this provision.
The President, Vice
President, ministers, heads and members of the National Assembly, the
Supreme Court, and judges, cannot undertake other jobs during their
terms of office.
Judges, Attorneys, and
Officers of the Armed Forces and Police, and members of the National
Security, cannot be members of political parties during their terms of
Property of the
President, Vice Presidents, ministers, members of the Supreme Court and
the Attorney General before and after their term of office would be
registered and monitored by an organ to be set by law.
Salaries and Remuneration
For the ministers,
members of the National Assembly, the Supreme Court, Attorney General
and judges, appropriate salaries shall be paid in accordance with the
provisions of law.
Election and Referendum
Electoral Commission will be established to organise and supervise any
election and to hold a referendum within the country based on the
provisions of the law.
Implementation of the Constitution
Commission for the Supervision of the Implementation of the
Constitution will be established by law. Members of this Commission
will be appointed by the President.
Father of the Nation
The Title of the Father
of the Nation and the privileges granted by the Emergency Grand Council
Loya Jirga of 1381 (2002) to His Majesty Mohammad Zahir Former King
of Afghanistan are preserved for him during his lifetime, in accordance
with the provisions of this constitution.
(1) The period,
following the adoption of this Constitution, until the date of
inauguration of the National Assembly, is deemed as a transitional
(2) During the transitional period, the Islamic Transitional State of Afghanistan shall carry out the following tasks:
-- Issue decrees related to the election of the President, National Assembly and local councils within six months.
-- Issue decrees regarding the structure and authorities of the courts and basic administration structures within one year.
-- Establish an Independent Electoral Commission.
-- Implement the reform of the executive and judiciary.
-- Adopt necessary measures for preparing the ground for enforcement of the provisions of this Constitution.
(1) The first elected
President takes up his or her duties within thirty days after the
result of the election has been proclaimed, in accordance with this
(2) Every effort shall be made to hold the first presidential election and the parliamentary election at the same time.
(3) Until the
establishment of the National Assembly, the powers of the National
Assemby outlined in this constitution shall be held by the Government.
The interim Supreme Court shall be established by Presidential Decree.
(1) The National Assembly shall exercise its powers immediately after its establishment in accordance with this constitution.
(2) The Government, and
the Supreme Court shall be established within thirty days after the
first session of the House of Representatives Wolesi Jirga is taken
(3) The President of the
Transitional Islamic State of Afghanistan shall continue his duties
until the elected President has taken up office.
(4) The executive and
judicial organs of the State in accordance with provisions of paragraph
3 of ARTICLE 157 of this constitution shall continue their duties,
until the formation of the Government and the Supreme Court.
(5) The decrees enforced
from the beginning of the interim period, shall be submitted to the
first session of the National Assembly. These decrees are enforceable
until annulment by the National Assembly.
Entry Into Force
(1) This constitution
enters into force upon its approval by the Grand Council Loya Jirga,
and will be signed and proclaimed by the President of the Transitional
Islamic State of Afghanistan.
(2) Upon its enforcement, laws and decrees contrary to the provisions of this constitution are void.