Constitutionof theState of Bahrain
Adopted on May
26,
1973
Effectivity:
December 6, 1973
PART IThe State
ARTICLE 1
(a) Bahrain is an Arab Islamic
State, independent and fully sovereign, and its people are PART of the
Arab nation. Neither its sovereignty nor any PART of its territory
shall
be relinquished.
(b) The rule of Bahrain
shall be hereditary, the succession to which shall be transmitted from
His Highness Shaikh Isa bin Salman Al Khalifa to his eldest son and
then
to the eldest son of this eldest son and so forth, generation after
generation,
unless during his lifetime, the Amir appoints one of his sons other
than
the eldest as his successor, in accordance with the provisions of the
Decree
of Succession provided for in the next clause.
(c) All rules of succession
shall be regulated by a special Amiri decree which shall be of a
constitutional
nature and thus shall not be amended except in accordance with ARTICLE
104 of this Constitution.
(d) The system of
government
in Bahrain is democratic, under which sovereignty lies with the people,
the source of all powers. Sovereignty shall be exercised in the manner
specified in this Constitution.
(e) The citizens shall
have
the right to PARTicipate in the public affairs of the State and enjoy
political
rights, beginning with the right to vote, in accordance with this
Constitution
and the conditions and procedures set forth in the law.
(f) This Constitution
shall
not be amended except in PART and in the manner provided for therein,
and
no amendment thereto shall be proposed before the expiry of five years
from the effective date of its commencement.
ARTICLE 2Islam shall be the
religion
of the State; Islamic Sharia (Islamic Law) a main source of
legislation;
and Arabic the official language.ARTICLE 3The law shall specify the
State's
flag, emblem, insignia, medals, orders and national anthem.PART IIFundamental
Constituents
of SocietyARTICLE 4Justice underlies the
system
of government. Co-operation and mutual understanding are firm bonds
among
citizens. liberty, equality, security, tranquillity, education, social
solidarity and equal opportunities for citizens are the pillars of
society
guaranteed by the State.
ARTICLE 5(a) The family is the
corner-stone
of society and its strength lies in religion, morality and patriotism.
The law shall preserve its legal integrity and strengthen its bonds and
values, and shall protect motherhood and childhood within the family.
The
law shall also protect the young and defend them against exploitation
and
moral, physical and spiritual neglect. The State shall take PARTicular
care of the physical, mental and moral growth of youth.
(b) The State shall ensure
the accomplishment of necessary social security for citizens in old
age,
sickness, inability to work, orphanhood, widowhood or unemployment. The
State shall also provide them with services of social insurance and
medical
care, and strive to protect them from ignorance, fear and poverty.
ARTICLE 6The State shall preserve
the
Arab and Islamic heritage, it shall PARTicipate in the furtherance of
human
civilisation, and it shall strive to strengthen ties with the Muslim
countries
and to bring to fruition the aspirations of the Arab Nation for unity
and
advancement.
ARTICLE 7(a) The State shall
patronise
the sciences, literature and the arts, and shall encourage research. It
shall ensure educational and cultural services of citizens. Primary
education
shall be compulsory and free in accordance with the law. The law shall
lay down the necessary plan to eliminate illiteracy.
(b) The law shall regulate
the various aspects of religious education and attention also be given
to the strengthening of the citizen's personality and pride in his Arab
Nationalism.
(c) Individuals and bodies
may establish private schools under the supervision of the State and in
accordance with the law.
(d) Inviolability of the
educational institutions shall be guaranteed by the State.ARTICLE 8(a) Every citizen shall
have
the right to health welfare. The State shall care for public health and
ensure means of prevention and treatment by establishing various kinds
of hospitals and provide medical facilities.
(b) Individuals and bodies
may establish hospitals, clinics or infirmaries under the supervision
of
the State and in accordance with the law.
ARTICLE 9(a) Property, capital and
work,
in accordance with the principles of Islamic justice, shall be
fundamental
constituents of the social structure of the State and the national
wealth.
They are all individual rights with a social function regulated by the
law.
(b) Public property shall
be inviolable and its protection shall be the duty of every citizen.
(c) Private property shall
be well protected. No one shall be prevented from disposing of his
property
except within the limits of the law. No property shall be expropriated
except in the public interest, in accordance with the law and provided
that just compensation is paid.cralaw:red
(d) General confiscation
of property shall be prohibited. Confiscation of private property as a
penalty may not be inflicted except by a court judgement and in the
circumstances
specified by the law.cralaw:red
(e) The law shall regulate,
on an economic basis with due regard being given to social justice, the
relationship between landlords and tenants.cralaw:red
(f) The State shall strive
to provide housing for citizens with limited income.cralaw:red
(g) The State shall make
the necessary arrangements to ensure the utilisation of arable land in
a productive manner, and shall endeavour to raise the standard of
farmers.
The law shall specify the means whereby assistance and ownership of
land
are granted to small farmers.
ARTICLE 10(a) The national economy
shall
be based on social justice. It shall be founded on fair co-operation
between
public and private sectors. Its aim shall be economic development
within
a well conceived plan and achievement of prosperity for citizens, all
within
the limits of law.
(b) The State shall strive
for the attainment of Arab economic unity.
ARTICLE 11All natural resources
shall
be the property of the state. It shall ensure their preservation and
proper
utilisation, due regard being given to the requirements of the State's
security and national economy.
ARTICLE 12The State shall ensure the
solidarity
of society in shouldering burdens resulting from disasters and natural
calamities, and shall provide compensation for damages or injuries
suffered
by people as a result of a war or as a result of performing their
military
duties.ARTICLE 13(a) Work shall be the duty
of
every citizen necessitated by personal dignity and public good. Every
citizen
shall have the right to work and to choose his type of work in
accordance
with public order and moral standards.
(b) The State shall ensure
that work is made available to the citizens and that its terms are
equitable.cralaw:red
(c) No forced labour shall
be imposed on anyone except in circumstances specified by the law for
national
emergency and with just remuneration, or as an implementation of a
judicial
decision.cralaw:red
(d) Relations between employers
and employees shall be regulated by the law on an economic basis, due
regard
being given to the principles of social justice.
ARTICLE 14The State shall encourage
co-operation
and saving, and supervise the regulation of credit.ARTICLE 15(a) Taxes and public
imports
shall be based on the principles of social justice, and the payment
thereof
shall be duty in accordance with the law.
(b) Citizens shall have equal
opportunities to hold public offices in accordance with the conditions
specified by the law.
PART IIIPublic Rights and
DutiesARTICLE 17(a) Citizenship shall be
defined
by the law, and no person enjoying citizenship by origin may be
deprived
of it except in cases of high treason and dual nationality and in
accordance
with the conditions specified by the law.
(b) Citizenship may not
be withdrawn from a naturalised citizen except within the limits of the
law.
(c) No citizen shall be
deported from Bahrain, nor shall he be denied re-entry.ARTICLE 18People are equal in human
dignity,
and citizens shall be equal in public rights and duties before the law,
without discrimination as to race, origin, language, religion or belief.ARTICLE 19(a) Personal liberty is
guaranteed
in accordance with the law.
(b) No person shall be arrested,
detained, imprisoned, searched or compelled to reside in a specified
place,
nor shall the residence of any person or his liberty to choose his
place
of residence or his liberty of movement be restricted, except in
accordance
with the law and under the supervision of the judicial authorities.
(c) No detention or
imprisonment
shall be imposed in places other than those specified in prison laws.
In
these places health and social welfare shall be observed, and they
shall
be subject to the supervision of the judicial authorities.cralaw:red
(d) No person shall be subjected
to physical or mental torture, enticement or degrading treatment, and
the
law shall provide the penalty for these acts.
Any statement or
confession
shall be null and void if it is proved to have been made under duress
or
enticement or degrading treatment of threat thereof.
ARTICLE 20(a) No crime or penalty
may
be established except by virtue of law, and no penalty may be imposed
except
for offences committed after the relevant law has come
(b) Penalty is personal.
(c) An accused person
shall
be presumed innocent until proved guilty in a legal trial in which the
necessary guarantees for the exercise of his right of defence in all
the
stages of investigation and trial are ensured in accordance with the
law.cralaw:red
(d) No physical or moral
injury shall be inflicted on an accused person.
(e) A council for the
defence
of any person accused of a felony shall be appointed with the approval
of the accused.
(f) The right to trial
shall
be guaranteed in accordance with the law.
ARTICLE 21Extradition or political
refugees
is prohibited.ARTICLE 22Freedom of conscience is
absolute.
The State shall guarantee the inviolability of places of worship and
the
freedom to perform religious rites and to hold religious processions
and
meetings in accordance with the customs observed in the country.ARTICLE 23Freedom of speech and
freedom
to carry out scientific research shall be guaranteed. Every person
shall
have the right to express and propagate his opinion in words or in
writing
or by any other means, in accordance with the conditions and procedures
specified by the law.
ARTICLE 24Freedom of the press,
printing
and publication shall be guaranteed in accordance with the conditions
and
procedure specified by the law.ARTICLE 25Places of residence shall
be
inviolable. They may not be entered or searched without the permission
of their occupants except in the circumstances and manner specified by
the law.ARTICLE 26Freedom of postal,
telegraphic
and telephonic communications and the secrecy thereof shall be
guaranteed.
No communications shall be censored nor the contents thereof revealed
except
in cases of necessity prescribed by the law and in accordance with the
procedures and guarantees stated therein.ARTICLE 27Freedom to form
associations
and trade unions on a national basis and for lawful objectives and by
peaceful
means shall be guaranteed in accordance with the conditions and
procedures
prescribed by the law. No one shall be compelled to join or remain in
any
association or union.ARTICLE 28(a) Individuals shall have
the
right of private assembly without permission or prior notification, and
no member of the security forces may attend such private meetings.
(b) Public meetings,
processions
and gatherings shall be permitted in accordance with the conditions and
procedures prescribed by the law, provided that their purpose and means
are peaceful and not contrary to morale.ARTICLE 29Any individual can address
the
public authorities in writing and with his signature. Only duly
constituted
organisations and corporate bodies shall have the right to address the
public authorities collectively.
ARTICLE 30(a) Peace shall be the
objective
of the State, and the safety of the country shall be PART of the safety
of the Great Arab Homeland, and defending it shall be the duty of every
citizen. Military service is an honour for the citizens and regulated
by
law.
(b) The State alone shall
establish armed forces and public security bodies. Duties of this kind
shall be entrusted only to citizens except in cases of dire necessity
and
in the manner regulated by the law.
(c) Full or PARTial
mobilisation
of forces shall be regulated by the law.
ARTICLE 31Public rights and
liberties
laid down in this Constitution shall neither be regulated nor defined
except
by a law, or in accordance therewith. Such regulation or definition
shall
not affect the essence of the right or liberty.
PART IVPowersCHAPTER 0General ProvisionARTICLE 32System of
Government(a) The system of
government
shall be based on the principle of separation of the legislative,
executive
and judicial powers, functioning in co-operation with each other in
accordance
with the provisions of this Constitution. None of the three powers may
relinquish all or PART of its competence prescribed in this
Constitution.
However, legislative authorisation, limited for a certain period and in
respect of a specified matter or matters, may be made, and shall be
practised
in accordance with the law of authorisation and the condition thereof.
(b) Legislative power shall
be vested in the Amir and the National Assembly in accordance with the
Constitution; and the Executive power shall be vested in the Amir, the
Cabinet and the Ministers. Judicial decrees shall be passed in the name
of the Amir, all in accordance with the provisions of the Constitution.
CHAPTER IThe AmirARTICLE 33(a) The Amir is the Head
of
the State, his person shall be immune and inviolable, and he shall
exercise
his powers through his Ministers who shall collectively report to him
on
the general policy of the Government, and each Minister shall be
responsible
for the affairs of his Ministry.
(b) The Amir shall, after
the traditional consultations, appoint the Prime Minister or relieve
him
of office by an Amiri decree. The Amir shall also appoint Ministers or
relieve them of office by an Amiri decree, upon the recommendations of
the Prime Minister.cralaw:red
(c) Ministers shall not be
appointed from amongst the members of the National Assembly in the
first
legislative term, but they may be appointed from amongst the members of
the National Assembly or others with effect from the second legislative
term. Ministers appointed from amongst outsiders shall become ex
officio
members of the National Assembly. The total number of ministers shall
not
exceed 14.
(d) The Cabinet shall be
reconstituted in the manner set out in this ARTICLE at the beginning of
every legislative term of the National Assembly.
(e) The Amir shall be the
Supreme Commander of the Defence Force.cralaw:red
(f) The Amir shall confer
Orders of Honour in accordance with the law.
(g) Currency shall be
minted
in the name of the Amir in accordance with the law.
(h) The Amir shall protect
the legality of the government and the supremacy of law, and shall take
the following oath at a special sitting of the National Assembly: "I
swear
by Almighty God to respect the Constitution and the laws of the State,
to defend the liberties, interests and properties of the people, and to
safeguard the independence and territorial integrity of the country".
(i) The Amir shall have
an annual privy purse to be determined by a special Amiri decree. The
privy
purse may not be revised throughout the reign of the Amir, and shall
thereafter
be fixed by the law.
ARTICLE 34(a) In the event of his
absence
outside the country and the inability of the Heir Apparent to act as
deputy
for him, the Amir shall appoint by an Amiri Order a deputy who shall
exercise
his powers during his absence. The said Amiri Order may include a
specified
arrangement for the exercise of powers on behalf of the Amir, or a
limitation
on their scope.
(b) The provisions of item
(b) of ARTICLE 86 of this Constitution shall apply to the Amir's
deputy.
If the Amir's deputy is a Minister or a member of the National Assembly
he shall not take PART in the functions of his Ministry or the National
Assembly during the period he is acting as deputy for the Amir.
(c) Before assuming his
powers, the Amir's deputy shall take the oath set forth in the previous
ARTICLE, with the following phrase added thereto: "and be loyal to the
Amir". The oath shall be taken in the National Assembly if it is in
session,
otherwise it shall be taken before the Amir. The oath by the Heir
Apparent
shall be taken only once even if he acts as a deputy for the Amir more
than once.ARTICLE 35(a) The Amir shall have
the
right to initiate laws, and he alone shall ratify and promulgate the
laws.
(b) A bill shall be
considered
to have been ratified and shall be promulgated by the Amir if a period
of thirty days from the date of its submission by the National Assembly
to the Amir has expired without the Amir returning it to the National
Assembly
for re-consideration.
(c) If, within the period
prescribed in the preceding clause the Amir returns the bill, by a
decree
stating the grounds therefor, to the National Assembly for re-
consideration,
then it shall be decided whether such re-consideration should take
place
during the same or the next session.
(d) If the Assembly
re-confirms
the bill by a majority vote of its members, the Amir shall ratify and
promulgate
the bill within one month from the date of the re- confirmation.ARTICLE 36(a) Offensive war is
unlawful.
The declaration of defensive war shall be made by an Amiri decree which
shall be referred to the National Assembly immediately after the
declaration
has been made, for decision.
(b) Martial law shall be
proclaimed only by law, unless otherwise dictated by urgent necessity
to
be by a decree giving the justification therefor, provided that the
matter
shall be referred to the National Assembly within two weeks for
decision.
In all cases the period of martial law shall not exceed three months,
but
this period may be renewed in whole or in PART once or more, provided
that
approval by a majority vote of the members constituting the National
Assembly
has been obtained. If the proclamation or renewal of martial law takes
place during the period in which the National Assembly is dissolved,
the
matter shall be referred to the new Assembly at its first meeting.
ARTICLE 37The Amir shall conclude
treaties
by decree and shall transmit them immediately to the National Assembly
with the appropriate statement. A treaty shall have the force of law
after
it has been signed, ratified and published in the Official Gazette.
However, treaties of peace
and alliance; treaties concerning the territory of the State, its
natural
resources or sovereign rights or public or private rights of citizens;
treaties of commerce, navigation and residence; and treaties which
entail
additional expenditure not provided for in the budget of the State, or
which involve amendment to the laws of Bahrain, shall come into effect
only when made by a law.
In no case may treaties
include secret provisions contradicting those declared.ARTICLE 38Should necessity arise for
urgent
measures to be taken while the National Assembly is not in session or
is
dissolved, the Amir may issue decrees in respect thereof which shall
have
the force of law, provided that they shall not be contrary to the
Constitution
or the appropriations included in the budget law.
Such decrees shall be
referred
to the National Assembly within fifteen days following their issue if
the
Assembly is in session. If it is dissolved or its legislative term has
expired such decrees shall be referred to the next Assembly at its
first
meeting. If they are not thus referred they shall retroactively cease
to
have the force of a law without the necessity of any decision to that
effect.
If they are referred and the Assembly does not confirm them, they shall
also retroactively cease to have the force of law, unless the Assembly
approves their validity for the preceding period or settles in some
other
way the effects arising therefrom.ARTICLE 39(a) The Amir shall by
decrees,
issue the regulations necessary for the execution of laws without
amending
or suspending such laws or making any exemption from their execution. A
law may describe a less formal instrument than a decree for the issue
of
the regulations necessary for its execution.
(b) The Amir shall, by decrees,
issue regulations for public order and health, and regulations
necessary
for the organisation of public services and administration, not
conflicting
with any law.
ARTICLE 40The Amir shall appoint and
remove
civil and military officials and diplomatic representatives to foreign
countries and international organisations in accordance with the law
and
in the manner prescribed therein. He shall also accept credentials of
the
representatives of foreign countries and organisations.ARTICLE 41The Amir may, by decree
grant
a pardon or commute a sentence. However, amnesty shall not be granted
except
by a law and then only in respect of offences committed prior to the
proposal
of the amnesty.CHAPTER IILegislative PowerARTICLE 42No law may be promulgated
unless
it has been passed by the National Assembly and ratified by the Amir.ARTICLE 43The National Assembly
shall
be composed of:
(a) Thirty members elected
directly by universal suffrage and secret ballot, in accordance with
the
provisions of the electoral law. The number of these members shall be
increased
to forty with effect from the elections for the second legislative
term.
Electoral constituencies shall be determined by the law.
(b) The Ministers by
virtue
of their portfolios.ARTICLE 44
A member of the National
Assembly must:
(a) have been registered
in one of the electoral rolls, not be suspended from exercising his
right
to vote, and be a Bahraini citizen by origin.cralaw:red
(b) be not less than thirty-full
calendar years of age on the day of election.
(c) be able to read and
write Arabic well.
ARTICLE 45The term of the National
Assembly
shall be four calendar years commencing from the date of its first
meeting.
Elections for the new Assembly shall take place within two months
preceding
the expiry of the said term, due regard being given to the provisions
of ARTICLE 65 of this Constitution. Members whose term of office expires
may
be re-elected. The term of the National Assembly may not be extended
except
for necessity in time of war and by a law passed by two-third majority
of the members constituting the Assembly.ARTICLE 46If, for any reason, a seat
in
the National Assembly becomes vacant before the end of the term, the
vacancy
shall be filled by election within two months from the date on which
the
Assembly declares the vacancy. The term of the new member shall last
until
the end of that of his predecessor. If the vacancy occurs within six
months
immediately prior to the expiry of the legislative term of the Assembly
no successor shall be elected.ARTICLE 47The National Assembly
shall
have an annual session of not less than eight months. The said session
may not be prorogued before the budget has been approved.
ARTICLE 48The Assembly shall start
its
ordinary session during the month of October of every year upon a
convocation
by the Amir. If the decree of convocation is not issued before the
first
of the said month, the time for the meeting shall be deemed 9 a.m. on
the
third Saturday of that month. If such a day happens to be an official
holiday,
the Assembly shall meet in the morning of the first day following the
holiday.ARTICLE 49Notwithstanding the
provisions
of the preceding two ARTICLEs, the Amir shall summon the National
Assembly
to hold its first meeting within two weeks from the end of the general
election. If the decree of convocation is not issued within the said
period,
the Assembly shall be deemed to have been convoked for the morning of
the
day immediately following these two weeks, due regard being given to
the
provision of the second paragraph of the preceding ARTICLE. If the date
of the meeting of the Assembly falls after the annual date mentioned in
ARTICLE 48 of the Constitution, the duration of the session specified
in ARTICLE 47 herein shall be reduced by the difference between the
said
two
dates.ARTICLE 50The National Assembly
shall,
by decree, be called to an extraordinary session if the Amir deems it
necessary,
or upon the request of the majority of the members of the Assembly.
In an extraordinary session,
the Assembly may not consider matters other than those for which it has
been convened except with the consent of the Government.
ARTICLE 51The Amir shall announce
the
prorogation or ordinary and extraordinary sessions, by a decree.
ARTICLE 52Every meeting held by the
National
Assembly at a time or place other than that assigned for its meeting
shall
be invalid, and resolutions passed thereat shall be null and void.
ARTICLE 53Before assuming their
duties
in the Assembly or its committees, members of the National Assembly,
including
the Ministers, shall take the following oath in a public sitting:
"I swear by
Almighty
God to be faithful to the Countryand to the
Amir,
to respect the Constitution andthe laws of
the State,
to defend the liberties,interests
and properties
of the peopleand to
discharge
my duties honestly and truthfully".
ARTICLE 54The National Assembly
shall
elect at its first sitting and for the duration of its term a speaker,
Deputy Speaker and a Secretary from amongst its members. If any office
becomes vacant the Assembly shall elect a successor for the remainder
of
its term.In all cases election
shall
be by an absolute majority vote of the members present. If this
majority
vote is not attained in the first ballot, another election shall be
held
between the two candidates receiving the highest number of votes. If
more
than one candidate receives an equal number of votes in the second
place,
all such candidates shall PARTicipate in the second ballot. In this
case
the candidate who receives the greatest number of votes shall be
elected.
If there is a tie in this last ballot, the choice shall be by lot.
The Prime Minister shall
preside over the first sitting until the Speaker has been elected.ARTICLE 55The Assembly shall form,
within
the first week of its annual session, the committees necessary for its
functions. These committees may discharge their duties during the
recess
of the Assembly with a view to submitting their recommendations to it
when
it meets.ARTICLE 56Sittings of the National
Assembly
shall be public. However, they may be held in camera upon the request
of
the Government, the Speaker of the Assembly or ten of its members. The
debate on such request shall be held in camera.ARTICLE 57The Supreme Civil Court of
Appeal
shall be the competent authority to deal with election disputes of the
National Assembly, but this competence may be transferred to any higher
court which may be set up by law.ARTICLE 58The National Assembly
shall
be the competent authority to accept resignation of its members, and no
resignation shall be considered final except from the time the Assembly
has decided to accept it.ARTICLE 59For a meeting of the
National
Assembly to be valid, more than half of its members must be present.
Resolutions
shall be passed by an absolute majority of the members present, except
in cases where a special majority is required.
When the votes are equally
divided, the motion shall be deemed rejected.
ARTICLE 60Immediately upon its
formation,
every Cabinet shall present its programme to the National Assembly, and
the Assembly may make comments with regard to such a programme.ARTICLE 61The Amir shall open the
annual
session of the National Assembly whereupon he shall deliver an Amiri
Speech
reviewing the state of affairs of the country and the most important
public
matters which happened during the preceding year, and outlining the
projects
and reforms the Government plans to undertake during the coming year.
The Amir may
depute
the Prime Minister to open the Assembly or to deliver the Amiri Speech. ARTICLE 62The National Assembly
shall
choose, from amongst its members, a committee to draft the reply to the
Amiri Speech which will embody the comments and wishes of the Assembly.
After the reply has been approved by the Assembly, it shall be
submitted
to the Amir.ARTICLE 63(a) A member of the
National
Assembly represents the entire people. He shall safeguard the public
interest
and shall not be subject to any authority in the discharge of his
duties
in the Assembly or in its committees.
(b) A member of the National
Assembly shall be free to express any views or opinions in the Assembly
or in its committees, and under no circumstances shall he be held
liable
in respect thereof.cralaw:red
(c) Except in cases of flagrante
delicto, no measures of detention, investigation, search, arrest,
imprisonment
or any other penal measure may be taken against a member while the
Assembly
is in session without the authorisation of the Assembly. If the
National
Assembly is not in session, authorisation shall be obtained from the
Speaker
of the Assembly.
If the Assembly does not
give a decision regarding a request for authorisation within one month
from the date of its receipt, permission shall be deemed to have been
granted.
The Assembly shall be
notified
of any measure that may be taken during its session in accordance with
the foregoing paragraph. The Assembly shall always, at its first
meeting,
be notified of any measure taken against any of its members during its
annual recess.
ARTICLE 64The Amir may, by a decree,
adjourn
the meeting of the National Assembly for a period not exceeding one
month.
Adjournment may be repeated during the same session with the consent of
the Assembly, and then once only. The period of adjournment shall not
be
counted in computing the duration of the session provided for in ARTICLE
47 of this Constitution.ARTICLE 65The Amir may dissolve the
National
Assembly by a decree in which the reasons for dissolution shall be
indicated.
However, dissolutions of the Assembly may not be repeated for the same
reason.
In the event of
dissolution,
elections for the new Assembly shall be held within a period not
exceeding
two months from the date of dissolution.
If the elections are not
held within the said period, the dissolved Assembly shall be restored
to
its full constitutional authority and shall meet immediately as if the
dissolution had not taken place. The Assembly shall then continue
functioning
until a new Assembly is elected.ARTICLE 66Every member of the
National
Assembly may put to the Prime Minister and to Ministers, questions with
a view to clarifying matters falling within their competence. The
questioner
alone shall have the right to comment once on the answer, and if the
Minister
adds something new then the right of the member shall be renewed.ARTICLE 67Every member of the
National
Assembly may address to the Prime Minister and to Ministers
interpellations
with regard to matters falling within their competence.
The debate on such interpellations
shall not take place until at least eight days have elapsed after its
presentation,
unless the Minister concerned agrees to hold the debate earlier.
An interpellation may lead
to the vote of confidence being put to the Assembly in accordance with
the provisions of ARTICLEs (68) and (69) of this Constitution.
ARTICLE 68(a) Every Minister shall
report
to the National Assembly on the affairs of his Ministry.
(b) The question of confidence
in a Minister may not be raised except upon his request or upon demand
signed by ten members following a debate on an interpellation addressed
to him. The Assembly may not make its decision upon such a request
before
the lapse of seven days from the presentation thereof.
(c) If the Assembly passes
a vote of no confidence against a Minister he shall be considered to
have
resigned his office as from the date of the vote of no confidence and
shall
submit his formal resignation immediately.
Withdrawal of confidence
from a Minister shall be by a majority vote of the members constituting
the National Assembly excluding Ministers.
In all cases, Ministers
shall not PARTicipate in the vote of confidence.
ARTICLE 69(a) The question of
confidence
in the Prime Minister shall not be raised before the National Assembly,
unless out of necessity, he holds a portfolio with the premierships,
and
then he may be questioned about the affairs of such portfolio like any
other minister.
(b) If two-thirds of the
members of the National Assembly decide, in the manner specified in ARTICLE
(68) of this Constitution, that they cannot co-operate with the Prime
Minister,
the matter shall be submitted to the Amir for settlement. The Amir may
either relieve the Prime Minister of office and appoint a new Cabinet
or
dissolve the National Assembly. If the Assembly is dissolved and the
office
of the said Prime Minister is renewed but the new Assembly decide by a
majority vote of the members constituting the National Assembly that it
cannot co-operate with the said Prime Minister, he shall be considered
to have resigned his office as from the date of the decision of the
Assembly
in this respect and a new Cabinet shall be formed.
ARTICLE 70If, for any reason, the
Prime
Minister vacates his office he shall continue to discharge the urgent
business
thereof until his successor is appointed.
ARTICLE 71A member of the National
Assembly
shall have the right to initiate bills. A bill initiated by a member
and
rejected by the Assembly may not be re-introduced during the same
session
except with the approval of the Government.
ARTICLE 72Upon a request signed by
at
least five members, any subject of general interest may be put to the
National
Assembly for discussion with a view to securing clarification of the
Government's
policy and to exchange views thereon.
All other members shall also
have the right to PARTicipate in the discussion.
ARTICLE 73The National Assembly
shall
express its wishes to the Government regarding public matters. If the
Government
cannot comply with these wishes, it shall state to the Assembly the
reasons
therefor. The Assembly may comment once on the Government's statement.ARTICLE 74The National Assembly
shall
at all times have the right to set up committees of enquiry or to
depute
one or more of its members to investigate any matter within the
assembly's
competence as prescribed in the Constitution. Ministers and all
Government
officials must produce testimonials, documents and statements requested
from them.
ARTICLE 75The Assembly shall set up,
among
its annual standing committees, a special committee to deal with
petitions
and complaints submitted to the Assembly by citizens. The committee
shall
seek explanation thereon from the competent authorities and shall
inform
the person concerned of the result.
A member of the National
Assembly shall not interfere with the work of either the Judicial or
the
Executive Power.
ARTICLE 76The Prime Minister and
Ministers
shall be given the floor whenever they ask for it. They may call for
assistance
upon any senior officials or depute them to speak on their behalf. The
Assembly may ask for a Minister to be present whenever a matter
relating
to his Minister is under discussion. The Cabinet shall be represented
in
the sittings of the Assembly by the Prime Minister and by some
Ministers.ARTICLE 77(a) The law shall
prescribe
the procedure of the National Assembly and its committees and the rules
pertaining to discussion, voting, questions, interpellation and all
other
functions prescribed in the Constitution. The law shall also prescribe
the sanctions to be imposed on any member who violates order or absents
himself from the meetings of the Assembly or the committees without
good
cause or legitimate reason.
(b) The National Assembly
may make necessary regulations complementary to the law referred to in
the preceding clause.
ARTICLE 78The maintenance of order
in
the National Assembly shall be the responsibility of its Speaker. The
Assembly
shall have a special guard under the authority of the Speaker of the
Assembly.
No other armed force may enter the Assembly or be stationed close to
its
gate unless so required by the Speaker.ARTICLE 79Remuneration of the
members
of the National Assembly shall be fixed by a law. In the event of a
revision
of the said remuneration, such revision shall not take effect until the
next legislative term.ARTICLE 80Membership of the National
Assembly
shall be incompatible with public office except in the case of
Ministers.
In such cases, the right to the remuneration for membership and the
right
to the salary of the portfolio shall not be combined.
The law shall specify
other
cases of incompatibility.ARTICLE 81During his term, a member
of
the National Assembly shall not be appointed to the board of directors
of a company, nor shall he PARTicipate in concessions granted by the
Government
for by public bodies, except in those cases prescribed by the law.
Further, during the said
term he shall not buy or rent any property of the State nor shall he
let,
sell or barter any of his property to the State, except by public
auction
or tender, or in compliance with the system of compulsory acquisition.ARTICLE 82During their term, members
of
the National Assembly with the exception of Ministers may not be
awarded
decorations.CHAPTER IIIExecutive PowerSECTION IThe CabinetARTICLE 83(a) A Minister shall
satisfy
the qualifications laid down in ARTICLE 44 of this Constitution. All
Provisions
regarding Ministers shall apply to the Prime Minister unless otherwise
stated.
(b) Remuneration of the
Prime Minister and Ministers shall be determined by law.ARTICLE 84Before assuming office,
the
Prime Minister and Ministers shall take before the Amir the oath
specified
in ARTICLE 53 of this Constitution.
ARTICLE 85(a) The Cabinet shall have
control
over the dePARTments of the State. It shall formulate the general
policy
of the Government, pursue its execution and supervise the functioning
of
the Government dePARTments.
(b) The Amir shall preside
over the meetings of the Cabinet which he attends.cralaw:red
(c) The Prime Minister shall
supervise the functions and procedures of the Cabinet. He shall be
responsible
for the implementation of the Cabinet's decisions and the co-ordination
among the various ministries, and to ensure that their functions are
integrated.
(d) The relinquishment of
the position of the Prime Minister for any reason shall involve the
relinquishment
of all ministerial positions by the Ministers.
(e) Deliberations of the
Cabinet shall be secret. Resolutions shall be passed only when the
majority
of its members are present and with the approval of the majority of
those
present. In case of an equal division of votes, the side on which the
Prime
Minister has voted shall prevail. Unless they resign, the minority
shall
abide by the opinion of the majority. Resolutions of the Cabinet shall
be submitted to the Amir for ratification in cases where the issue of a
decree is required.
ARTICLE 86(a) Every Minister shall
supervise
the affairs of his Ministry and shall execute therein the general
policy
of the Government. He shall also formulate directives for the Ministry
and supervise their execution.
(b) While in office, a Minister
shall not hold any other public office or practice, even indirectly,
any
extragovernmental profession or undertake any industrial, commercial or
financial business. He shall not PARTicipate in any concession granted
by the Government or by public bodies or emulate the ministerial post
with
membership of the board of directors of any company, except as a
representative
of the Government and without remuneration. Further, during the same
period,
a Minister shall not buy or take on hire any property of the State even
by public auction, nor shall he let, sell or barter any of his property
to the State.
ARTICLE 87(a) The law shall regulate
general
and municipal self-government bodies in such a way as to ensure their
independence
under the direction and supervision of the State.
(b) The State shall direct
bodies of public interest in such a way that they conform to the
general
policy of the State and the benefit of the citizens.
SECTION IIFinancial AffairsARTICLE 88(a) No general tax may be
established,
amended or abolished except by law. No-one may be exempted, wholly or PARTially,
from the payment of such taxes except in the cases specified by the
law.
No-one may be required to pay any other tax, fee or imposition except
within
the limits of the law.
(b) The law shall
prescribe
rules for the collection of taxes, fees and other forms of public funds
and the procedure for their expenditure.
(c) The law shall lay down
rules for the protection of State properties, their administration, the
conditions of their disposal, and the limits within which any of these
properties may be relinquished.ARTICLE 89(a) Public loans shall be
contracted
by law. The State may grant or guarantee a loan by a law, or within the
limits of the funds appropriated for this purpose in the budget.
(b) Local bodies such as
municipalities or public bodies may grant, borrow or guarantee loans in
accordance with their own regulations.ARTICLE 90(a) The fiscal year shall
be
fixed by a law.
(b) The Government shall
draw up the annual budget, comprising the revenue and expenditure of
the
State, and submit it to the National Assembly for examination and
approval,
at least two months before the end of each current fiscal year.
(c) The budget shall be discussed
in the National Assembly PART by PART. None of the public revenues may
be allocated for a specific purpose except by a law.cralaw:red
(d) The budget shall be issued
by a law.
(e) If the budget law has
not been promulgated before the beginning of the fiscal year, the
preceding
budget shall be applied until the new one is issued, and revenues shall
be collected and disbursements made in accordance with the law in force
at the end of the preceding year.
However, if the National
Assembly has approved one or more PARTs of the new budget, they shall
be
put into effect.
(f) In no case shall the
maximum estimates of expenditure, included in the budget law or the
laws
amending it, be exceeded.
ARTICLE 91Any expenditure not
included
in the budget, or in excess of the budget appropriations, as well as
the
transfer of any funds from one PART of the budget to another, shall be
effected by a law.ARTICLE 92(a) Funds for more than
one
fiscal year may be appropriated by a law if the nature of the
expenditure
so requires. In this case, each annual successive budget shall include
the funds allocated for that year in the way established by the said
law.
(b) An extraordinary
budget
valid for more than one fiscal year may be drawn up separately for the
expenditure referred to in the preceding item.ARTICLE 93The budget law may not
include
any provision for establishing a new tax, increasing an existing law,
or
evading the issue of a law on a matter in respect of which this
Constitution
provides that its regulation shall be by a law.
ARTICLE 94The final account of the
financial
affairs of the State for the preceding year shall be submitted to the
National
Assembly within the five months following the end of the fiscal year.
The
ratification of the final account shall be by a decision of the
National
Assembly, together with its comments.ARTICLE 95The law shall prescribe
the
provisions of both the independent and the supplementary general
budgets
and the final accounts thereof to which the provisions regarding the
budget
of the State and the final account thereof shall be applied. The law
shall
also prescribe the provisions of the budget and the final accounts
thereof
of the municipalities and the public bodies.ARTICLE 96Together with the draft
annual
budget, the Government shall submit to the National Assembly a
statement
on the financial and economic position of the State and arrangements
made
to implement the appropriation of the budget in effect and the effect
thereof
on the new draft budget.
ARTICLE 97A financial control and
audit
commission shall be established by a law, which shall ensure its
independence.
The commission shall be attached to the National Assembly and shall
assist
the Government and the National Assembly in controlling the collection
of the State revenues and the disbursement of its expenditures within
the
limits of the budget. The commission shall submit to both the
Government
and the National Assembly an annual report on its activities and its
observations.ARTICLE 98(a) No concession for
exploitation
of either a natural resource or a public service may be granted except
by a law and for a limited period. In this respect the preparatory
measures
shall facilitate the operations of prospecting and exploration and
ensure
publicity and competition.
(b) No monopoly shall be
granted except by a law for a limited period.
ARTICLE 99The law shall regulate
currency
and banking and determine standards, weights and measures.ARTICLE 100The law shall regulate
salaries,
pensions, compensation, subsidies and gratuities which are a charge on
the State treasury.CHAPTER IVJudicial PowerARTICLE 101(a) The honour of the
judiciary
and the integrity and imPARTiality of judges are the bases of rule and
a guarantee of rights and liberties.
(b) In the administration
of justice judges shall not be subject to any authority. No
interference
whatsoever shall be allowed in the conduct of justice. The law shall
guarantee
the independence of the judiciary and shall state the guarantees and
provisions
relating to the judges.cralaw:red
(c) The law shall specify
the rules for public prosecution, rendering of legal opinions, drafting
of legislation and representation of the State before the courts and
before
those who are engaged in these matters.cralaw:red
(d) The law shall regulate
the legal profession.
ARTICLE 102(a) The law shall regulate
the
various kinds and degrees of courts and specify their functions and
jurisdictions.
(b) The jurisdiction of courts
martial shall be restricted to military crimes committed by members of
the armed and security forces and shall not extend to others except
during
the time of martial law and within the limits determined by law.cralaw:red
(c) Sittings of the courts
shall be public save in exceptional cases prescribed by the law.cralaw:red
(d) A Supreme Council of
the judiciary shall be formed by a law which shall supervise the
functions
of the Courts and the offices relating thereto.
The law shall specify the
jurisdiction of the said Council over the functional affairs of both
the
judiciary and the public prosecution.
ARTICLE 103The law shall specify the
judicial
body competent to decide upon disputes relating to the
constitutionality
of laws and regulations and shall determine its jurisdiction and
procedure.
The law shall ensure the
right of both the Government and interested PARTies to challenge the
constitutionality
of laws and regulations before the said body.
If the said body decides
that a law or a regulation is unconstitutional it shall be considered
null
and void.
PART VGeneral and Final
ProvisionsARTICLE 104(a) Notwithstanding the
provision
of ARTICLE 35 of this Constitution, for an amendment to be made to any
provision of this Constitution, it is stipulated that it shall be
passed
by a majority vote of two-thirds of the members constituting the
Assembly
and ratified by the Amir.
(b) If a proposed amendment
to the Constitution is rejected, it shall not be put forward again
before
the lapse of one year from the time of its rejection.
(c) Under no circumstances
shall the principle of the hereditary rule of Bahrain, the principle of
liberty and equality set forth in this Constitution, as well as ARTICLE
2 thereof, be proposed for amendment.
(d) The powers of the
Amir,
specified in this Constitution, may not be proposed for amendment when
a Deputy Amir is acting for him.
ARTICLE 105(a) The application of
this
Constitution shall not affect treaties and conventions previously
concluded
by Bahrain with other States and international organisations.
(b) All provisions of laws,
decrees, regulations, orders and decision in effect upon the coming of
this Constitution into force, shall continue to be applicable unless
amended
or repealed in accordance with the procedure prescribed in this
Constitution,
provided that they are not contrary to any of its provisions.
ARTICLE 106Laws shall be published in
the
Official Gazette within two weeks of their promulgation and shall come
into effect one month after their publication. The latter period may be
extended or reduced for any law by a special provision included in it.ARTICLE 107Laws shall apply to that
which
takes place after the date of their coming into force, and thus shall
have
no effect in respect of that which has taken place before such date.
However,
in other penal matters, a law may, with the approval of a majority vote
of the members constituting the National Assembly, prescribe otherwise.ARTICLE 108No provision of this
Constitution
may be suspended except when martial law is in force and within the
limits
specified by the law. Under no circumstances shall the meetings of the
National Assembly be suspended, nor shall the immunities of its members
be interfered with, during such period.
ARTICLE 109This Constitution shall be
published
in the Official Gazette and shall come into force as from the date of
the
meeting of the National Assembly which shall be not later than the
Sixteenth
Day of December, 1973.
Signed by:
ISA BIN SALMAN AL
KHALIFAAmir of the
State
of Bahrain |