THE CONSTITUTION OF AFGHANISTAN
1976
THE CONSTITUTION OF THE REPUBLICAN STATE OFAFGHANISTAN
PROMULGATION BY THE PRESIDENT OF THE REPUBLIC OF AFGHANISTAN IN THE NAME OFALMIGHTY GOD, DESIROUS OF THE PROSPERITY OF THE NOBLE PEOPLE OF AFGHANISTAN; IMOHAMMAD DAUD, THE FIRST PRESIDENT OF THE REPUBLIC OF AFGHANISTAN, PURSUANT TOTHE MANDATE UNANIMOUSLY CONFERRED UPON ME BY THE REPRESENTATIVES OF THE FIRSTLOYA JIRGA OF THE REPUBLICAN STATE ON THE BASIS OF ITS DECISION OF DALW 25TH,1355 AH, THIS DAY, THURSDAY, HOOT 5, 1355, IN KABUL, CAPITAL OF AFGHANISTAN,SIGN THIS CONSTITUTION AND PROCLAIM ITS ENFORCEMENT.
MOHAMMAD DAUD
FIRST PRESIDENT OF THE REPUBLICAN STATE OF AFGHANISTAN
HOOT 5TH 1355 AH
IN THE NAME OF ALLAH THE COMPASSIONATE, THE MERCIFUL
PREAMBLE
WHEREAS NATIONS AND SOCIETIES IN THE COURSE OF HISTORY ARE IN A STATE OFCONSTANT TRANSFORMATION AND EVOLUTION; AND, WHEREAS THIS REALITY HAS BEENEVIDENT THROUGHOUT THE COURSE OF OUR HISTORY AS A PART OF THE HUMAN SOCIETY,THEREFORE: TO SECURE AN HONORABLE EXISTENCE FOUNDED ON THE FIRM PILLARS OFJUSTICE AND COMPETENCE AND ABOUNDING IN PROSPERITY, WELFARE AND CONFIDENCE; TOSECURE THE, SACRED NATIONAL, SOCIAL, ECONOMIC, POLITICAL AND CULTURALASPIRATION OF THE REVOLUTION OF SARATAN 26, OF THE YEAR 1352; TO STRENGTHEN ANDCONSOLIDATE, EVER INCREASINGLY, NATIONAL UNITY, SECURITY, AND SOLIDARITY AND TOENSURE SOCIAL JUSTICE AND TO ELIMINATE CONTRADICTIONS IN A POSITIVE ANDPROGRESSIVE MANNER, IN ACCORDANCE WITH THE REALITIES OF HISTORY, NATIONALCULTURE, AND THE OBJECTIVE AND SUBJECTIVE CONDITIONS PREVAILING IN OUR SOCIETY;TO RESPECT PROFOUNDLY THE GLORIOUS HISTORY AND THE PAST GRANDEUR OF THE PEOPLEOF OUR COUNTRY, AND THEIR PERSISTENT STRUGGLE FOR THE PRESERVATION OF NATIONALIDENTITY, THE COUNTRIES'S INDEPENDENCE, AND TO FULFILL THEIR HISTORIC AND HUMANMISSION: WITH TRUST IN ALMIGHTY GOD, AND ADHERING TO THE BASIC PRINCIPLES OFTHE SACRED RELIGION OF ISLAM, AND ULTIMATELY IN ORDER TO ACHIEVE ALL THESE AIMSAND OBJECTIVES, WE THE PEOPLE OF AFGHANISTAN, REALIZING THE CONDITIONS ANDREQUIREMENTS OF TIME, HAVE RESOLVED TO CONSOLIDATE OUR NATIONAL LIFE ON THEBASIS OF LIBERTY, PROGRESS, TRUTH, JUSTICE AND PEACE BASED ON THE PRINCIPLES OFBROTHERHOOD AND EQUALITY, AND TO FOUND THE PHILOSOPHY OF LIFE AND THE DESTINYOF THE PRESENT AND FUTURE GENERATIONS OF THE COUNTRY IN ACCORDANCE WITH THEFUNDAMENTAL AND ECONOMIC OBJECTIVES OF AFGHANISTAN'S NATIONAL AND PROGRESSIVEREVOLUTION OF SARATAN 26, OF THE YEAR 1352.
WITH THE REALIZATION OF THESE FACTS, WE HAVE ENACTED THIS NATIONAL DOCUMENTAS THE CONSTITUTION OF OUR REPUBLICAN STATE IN ORDER TO SECURE THE PROSPERITY,THE WELFARE AND THE SPIRITUAL AND MATERIAL ADVANCEMENT OF THE NOBLE PEOPLE OFAFGHANISTAN, FOR OURSELVES AND FOR THE GUIDANCE OF FUTURE GENERATIONS.
IN THE NAME OF ALLAH, THE COMPASSIONATE, THE MERCIFUL
CHAPTER ONE
FUNDAMENTAL OBJECTIVES
ARTICLE ONE: THE DEFENSE OF INDEPENDENCE, NATIONAL SOVEREIGNTY ANDTERRITORIAL INTEGRITY.
ARTICLE TWO: THE EXERCISE OF POWER BY THE PEOPLE, THE MAJORITY OF WHOMCONSISTS OF FARMERS, WORKERS, THE ENLIGHTENED PEOPLE AND THE YOUTH.
ARTICLE THREE: TO STRENGTHEN UNITY OF THOUGHT AND ACTION FOR THE FULLPARTICIPATION OF THE PEOPLE IN THE CONSTRUCTION, AND MATERIAL AND SPIRITUALDEVELOPMENT, OF THE COUNTRY.
ARTICLE FOUR: TO SECURE DEMOCRACY BASED ON SOCIAL JUSTICE AND THE INTERESTSOF THE PEOPLE.
ARTICLE FIVE: TO RESPECT HUMAN LIBERTY AND DIGNITY AND TO ELIMINATE ALLFORMS OF TORTURE AND DISCRIMINATION.
ARTICLE SIX: TO EVER INCREASE THE STABILITY AND CONSOLIDATION OF THEREPUBLICAN ORDER.
ARTICLE SEVEN: TO INSTITUTE CONSTANT, PROFOUND AND BASIC ECONOMIC AND SOCIALCHANGES BASED ON THE PRINCIPLES AND VALUE LARGEINDUSTRIES, COMMUNICATIONS, IMPORTANT AIR AND SURFACE TRANSPORT ESTABLISHMENTS,PORTS, BANKS, INSURANCE IMPORTANT FOOD PROCUREMENT ESTABLISHMENTS, ANDARCHAEOLOGICAL AND HISTORICAL OBJECTS ARE PART OF THE NATIONAL PROPERTY ANDTHEIR ADMINISTRATION SHALL BELONG TO THE STATE, IN ACCORDANCE WITH THEPROVISIONS OF THE LAW.
ARTICLE FOURTEEN: LIMITS ON AGRICULTURAL PROPERTY SHALL BE DETERMINED ANDFIXED BY THE LAND REFORM LAW.
ARTICLE FIFTEEN: PRIVATE PROPERTY AND ENTERPRISES, BASED ON THE PRINCIPLESOF NON EXPLOITATION SHALL BE REGULATED BY LAW.
ARTICLE SIXTEEN: COOPERATIVES, AND PRODUCTION AND CONSUMPTION COOPERATIVECOMPANIES, WITH THE PARTICIPATION OF THE PEOPLE THEREIN, SHALL BE ENCOURAGED,PROTECTED AND GUIDED BY THE GOVERNMENT IN ACCORDANCE WITH THE PROVISIONS OF THELAW, TO ENSURE THE INTERESTS OF THE MAJORITY OF THE PEOPLE.
ARTICLE SEVENTEEN: PRIVATE INVESTMENTS AND ENTERPRISES IN THE FIELD OFINTERMEDIATE, SMALL AND COTTAGE INDUSTRIES SHALL BE ENCOURAGED, PROTECTED ANDGUIDED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.
ARTICLE EIGHTEEN: THE TRADE OF THE COUNTRY, BASED ON THE PRINCIPLE OF GUIDEDTRADE, SHALL BE REGULATED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW IN THEINTEREST OF THE MAJORITY OF THE PEOPLE.
ARTICLE NINETEEN: TAXES SHALL BE COLLECTED ON THE BASIS OF SOCIAL JUSTICE INACCORDANCE WITH THE PROVISIONS OF THE LAW.
CHAPTER THREE
THE STATE
ARTICLE TWENTY: AFGHANISTAN IS A REPUBLICAN, DEMOCRATIC, INDEPENDENT,UNITARY AND INDIVISIBLE STATE.
ARTICLE TWENTY ONE: NATIONAL SOVEREIGNTY IN AFGHANISTAN BELONGS TO THEPEOPLE. THE NATION OF AFGHANISTAN CONSISTS OF ALL THOSE INDIVIDUALS WHO HOLDTHE CITIZENSHIP OF THE STATE OF AFGHANISTAN IN ACCORDANCE WITH THE PROVISIONSOF THE LAW. THE WORD AFGHAN SHALL APPLY TO EACH AND EVERY INDIVIDUAL OF THENATION OF AFGHANISTAN.
ARTICLE TWENTY TWO: THE RELIGION OF AFGHANISTAN IS THE SACRED RELIGION OFISLAM. THOSE CITIZENS WHO ARE NOT FOLLOWERS OF ISLAM SHALL BE FREE TO PERFORMTHEIR RELIGIOUS RITES WITHIN THE LIMITS DETERMINED BY THE LAWS RELATING TOPUBLIC DECENCY AND PUBLIC PEACE.
ARTICLE TWENTY THREE: FROM AMONGST THE LANGUAGES OF AFGHANISTAN, PASHTU ANDDARI SHALL BE THE OFFICIAL LANGUAGES.
ARTICLE TWENTY THREE: THE FLAG OF AFGHANISTAN CONSISTS OF BLACK, RED ANDGREEN COLORS ARRANGED HORIZONTALLY IN FIXED PROPORTIONS FROM TOP DOWNWARDS WITHTHE NATIONAL EMBLEM OF THE STATE AFFIXED IN ITS UPPER LEFT PORTION. THEDEFINITION AND THE PROPORTIONS FROM THE TOP DOWNWARDS WITH THE NATIONAL EMBLEMSHALL BE REGULATED BY LAW.
ARTICLE TWENTY FOUR: THE ARMED FORCES OF THE REPUBLICAN STATE OFAFGHANISTAN, LOYAL TO THE OBJECTIVES OF THE NATIONAL REVOLUTION AND ABIDING TOTHE NATIONAL TRADITIONS, SHALL BE AT THE SERVICE OF THE PEOPLE UNDER THE ORDERSOF THE GOVERNMENT. IT IS THE DUTY OF THE ARMED FORCES TO DEFEND THE TERRITORYOF AFGHANISTAN AND THEY SHALL PARTICIPATE IN NATIONAL ACTIVITIES THROUGH THEHIGH COUNCIL OF THE ARMED FORCES.
ARTICLE TWENTY SIX: THE ADMINISTRATION OF AFGHANISTAN IS BASED UPON THEPRINCIPLE OF CENTRALIZATION IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THECAPITAL OF AFGHANISTAN IS THE CITY OF KABUL.
CHAPTER FOUR
RIGHTS AND OBLIGATIONS OF THE PEOPLE
ARTICLE TWENTY SEVEN: ALL THE PEOPLE OF AFGHANISTAN, BOTH WOMEN AND MEN,WITHOUT DISCRIMINATION AND PRIVILEGE, HAVE EQUAL RIGHTS AND OBLIGATIONS BEFORETHE LAW.
ARTICLE TWENTY EIGHT: LIBERTY IS THE NATURAL RIGHT OF HUMAN BEINGS, UNLESSIT HARMS OR DAMAGES THE LIBERTY AND DIGNITY OF OTHERS, OR THE BENEFIT ANDSECURITY OF THE PUBLIC AND THE NATIONAL INTERESTS. THIS RIGHT SHALL BEREGULATED BY LAW.
ARTICLE TWENTY NINE: EVERY AFGHAN WHO ATTAINS THE AGE OF EIGHTEEN HAS THERIGHT TO VOTE IN ACCORDANCE WITH THE PROVISION OF THE LAW.
ARTICLE THIRTY: INNOCENCE IS THE ORIGINAL STATE. THE ACCUSED IS RECOGNIZEDTO BE INNOCENT UNLESS FOUND GUILTY BY A FINAL JUDGMENT OF A COMPETENT COURT. NOONE CAN BE PUNISHED EXCEPT BY THE PROVISIONS OF THE LAW IN FORCE FOUR: NO AFGHAN CAN BE SENTENCED TO EXILE WITHIN, OR OUTSIDEOF AFGHANISTAN. NO PERSON SHALL BE SENTENCED SO AS TO FORBID HIM FROM RESIDINGAT A GIVEN PLACE, OR FROM MOVING THEREFROM, EXCEPT IN CIRCUMSTANCES PERMITTEDBY LAW FOR ENSURING PUBLIC SECURITY AND INTERESTS. NO AFGHAN ACCUSED OF A CRIMESHALL BE EXTRADITED TO A FOREIGN STATE.
ARTICLE THIRTY FIVE: THE RESIDENCE OF A PERSON IS INVIOLABLE. NO PERSON,INCLUDING TO STATE, CAN ENTER OR SEARCH A RESIDENCE OF A PERSON WITHOUT THEPERMISSION OF THE RESIDENT, OR A WARRANT OF A COMPETENT COURT, AND EXCEPT INTHE CIRCUMSTANCES AND PROCEDURES SPECIFIED BY THE LAW. IN THE CASE OF AWITNESSED CRIME, THE RESPONSIBLE OFFICIAL CAN ON HIS OWN RESPONSIBILITY, ENTEROR SEARCH A RESIDENCE OF A PERSON WITHOUT THE PERMISSION OF THE RESIDENT OR THEPRIOR PERMISSION OF THE COURT. THE OFFICIAL IS BOUND TO OBTAIN THE ORDER OF THECOURT AFTER SUCH ENTRY OR SEARCH, WITHIN THE TIME THE LAW DETERMINES.
ARTICLE THIRTY SIX: PROPERTY IS INVIOLABLE. NO PERSON'S PROPERTY SHALL BECONFISCATED WITHOUT THE PROVISION OF THE LAW AND THE DECISION OF A COMPETENTCOURT. THE EXPROPRIATION OF PRIVATE PROPERTY IS PERMITTED ONLY BY VIRTUE OF THELAW FOR THE PURPOSE OF ENSURING THE INTERESTS OF THE PUBLIC AND IN EXCHANGE FORJUST COMPENSATION. NO PERSON SHALL BE PROHIBITED FROM ACQUIRING PROPERTY ANDEXERCISING THE RIGHT OF OWNERSHIP THEREIN, EXCEPT WITHIN THE LIMITS OF THE LAW.THE WAYS OF UTILIZING PROPERTY SHALL BE REGULATED AND GUIDED BY THE LAWS FORTHE PURPOSE OF ENSURING THE INTERESTS OF THE PUBLIC.
ARTICLE THIRTY SEVEN: FREEDOM AND SECRECY OF COMMUNICATIONS OF PERSONS,WHETHER IN WRITTEN FORM OR BY TELEPHONE AND TELEGRAPH, OR OTHER MEANS, AREINVIOLABLE. THE STATE DOES NOT HAVE THE RIGHT TO SEARCH COMMUNICATIONS OFPERSONS, EXCEPT BY VIRTUE OF THE PROVISIONS OF THE LAW. IN URGENT CASES WHICHSHALL BE DEFINED BY LAW, THE RESPONSIBLE OFFICIAL, WITHOUT PRIOR PERMISSION OFTHE COURT, CAN SEARCH COMMUNICATIONS ON HIS OWN RESPONSIBILITY. THE OFFICIAL ISBOUND TO OBTAIN THE ORDER OF THE COURT, AFTER CARRYING OUT SUCH A SEARCH,WITHIN THE TIME THE LAW DETERMINES.
ARTICLE THIRTY EIGHT: FREEDOM OF THOUGHT AND EXPRESSION ARE INVIOLABLE.EVERY AFGHAN HAS THE RIGHT TO EXPRESS HIS THOUGHT THROUGH SPEECH, WRITING,PICTURES, OR SIMILAR MEANS, IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.PERMISSION AND THE RIGHT TO ESTABLISH PRINTING HOUSES, AND ISSUE PUBLICATIONS,SHALL BE GRANTED ONLY TO CITIZENS OF AFGHANISTAN IN ACCORDANCE WITH THEPROVISIONS OF THE LAW. THE ESTABLISHMENT OF LARGE PRINTING HOUSES AND THEESTABLISHMENT AND OPERATION OF PUBLIC RADIO AND TELEVISION TRANSMITTERS ARE THEEXCLUSIVE RIGHT OF THE STATE.
ARTICLE THIRTY NINE: THE CITIZENS OF AFGHANISTAN HAVE THE RIGHT A ASSEMBLEFOR SECURING PERMISSIBLE AND PEACEFUL OBJECTIVES, WITHOUT CARRYING WEAPONS, INACCORDANCE WITH THE PROVISIONS OF THE LAW.
ARTICLE FORTY: FOR THE REFLECTION OF SOCIAL DEMANDS AND FOR THE POLITICALEDUCATION OF THE PEOPLE OF AFGHANISTAN, UNTIL SUCH TIME AS THIS ASPIRATION ISREALIZED AND ATTAINS ITS NATURAL MATURITY, THE ONE PARTY SYSTEM LED BY THEHEZB-E-ENQELAB-E-MELI (NATIONAL REVOLUTION PARTY), WHICH IS THE FOUNDER ANDVANGUARD OF THE POPULAR AND PROGRESSIVE REVOLUTION OF SARATAN 26, OF THE YEAR1352 OF THE PEOPLE OF AFGHANISTAN, WILL PREVAIL IN THE COUNTRY.
ARTICLE FORTY ONE: WORK IS THE RIGHT, HONOR, AND DUTY OF EVERY AFGHAN WHOHAS THE CAPABILITY OF DOING IT. THE MAJOR PURPOSE OF THE LAWS THAT SHALL BEPROMULGATED TO REGULATE WORK IS TO REACH THE STAGE IN WHICH THE RIGHTS ANDINTERESTS OF ALL TOILERS, FARMERS, WORKERS, AND TRADES ARE PROTECTED, SUITABLEWORKING CONDITIONS PROVIDED, AND IN WHICH RELATIONS BETWEEN THE WORKER AND THEEMPLOYER ARE REGULATED ON A JUST AND PROGRESSIVE BASIS. THE CHOICE OF WORK ANDVOCATION IS FREE, WITHIN THE TERMS DETERMINED BY LAW.
ARTICLE FORTY TWO: CITIZENS OF AFGHANISTAN, SHALL BE ADMITTED TO THE SERVICEOF THE STATE ON THE BASIS OF MERIT, AND BY VIRTUE OF THE PROVISIONS OF THE LAW.
ARTICLE FORTY THREE: THE IMPOSITION OF FORCED LABOR IS NOT PERMISSIBLE, EVENFOR THE STATE. THE PROHIBITION AFGHANISTAN.
ARTICLE FORTY SEVEN: NO ONE CAN HARM NATIONAL INDEPENDENCE, TERRITORIALINTEGRITY, NATIONAL UNITY, AND THE DICTATES OF THE INTERESTS OF THE MAJORITY OFTHE PEOPLE, OR THE OBJECTIVES OF THE REVOLUTION OF SARATAN 26, OF THE YEAR1352, BY THE EXERCISE OF THE RIGHTS AND FREEDOMS EMBODIED IN THIS CONSTITUTION.
CHAPTER FIVE
THE MELI JIRGA
ARTICLE FORTY EIGHT: THE MELI JIRGA OF AFGHANISTAN IS WHERE THE WILL OF THEPEOPLE IS MANIFESTED AND IT REPRESENTS THE WHOLE OF THE NATION.
ARTICLE FORTY NINE: MEMBERS OF THE MELI JIRGA, 50 % OF WHOM SHALL BECOMPOSED OF FARMERS AND WORKERS, ARE NOMINATED BY THE PARTY AND SHALL BEELECTED BY THE PEOPLE IN ACCORDANCE WITH THE PROVISIONS OF THE LAW FOR A PERIODOF FOUR YEARS THROUGH FREE UNIVERSAL, SECRET AND DIRECT ELECTIONS. FOR THISPURPOSE, AFGHANISTAN SHALL BE DIVIDED INTO ELECTORAL CONSTITUENCIES. THE NUMBERAND THE SIZE OF THE CONSTITUENCIES SHALL BE DETERMINED BY LAW.
ARTICLE FIFTY: THE PROCEDURE AND CONDITIONS OF THE ELECTION OF THE DEPUTIESOF THE MELI JIRGA AND THEIR DUTIES SHALL BE REGULATED IN ACCORDANCE WITH THEPROVISIONS OF THE LAW. THE METHOD OF VERIFICATION OF THE AUTHENTICITY OF THEMEMBERSHIP DOCUMENTS AND ... TIONS TO THE LEGALITY OF THE ELECTION OF A DEPUTYSHALL TAKE PLACE IN ACCORDANCE WITH THE RULES OF PROCEDURE OF THE MELI JIRGA.
ARTICLE FIFTY ONE: THE MEMBERSHIP PRIVILEGE OF A DEPUTY SHALL ONLY BEWITHDRAWN BY AGREEMENT OF TWO THIRDS OF THE MEMBERS OF THE MELI JIRGA.
ARTICLE FIFTY TWO: THE QUALIFICATIONS FOR VOTERS SHALL BE DETERMINED BY THEELECTORAL LAW. TO BE ELECTED TO MEMBERSHIP IN THE MELI JIRGA, IN ADDITION TOTHE QUALIFICATIONS FOR VOTERS, A PERSON MUST MEET THE FOLLOWING QUALIFICATIONS:
1) HAVE ACQUIRED THE CITIZENSHIP OF THE STATE OF AFGHANISTAN AT LEAST TENYEARS PRIOR TO THE DATE OF ELECTION.
2) NOT HAVE BEEN PUNISHED BY A COURT WITH DEPRIVATION OF POLITICAL RIGHTS.
3) HAVE ATTAINED THE AGE OF TWENTY FIVE AT THE TIME OF ELECTION.
ARTICLE FIFTY THREE: EVERY MEMBER OF THE MELI JIRGA HAS THE RIGHT TO EXPRESSHIS VIEWS WITHIN THE JIRGA ON ANY SUBJECT UNDER DISCUSSION IN ACCORDANCE WITHITS RULE OF PROCEDURE.
ARTICLE FIFTY FOUR: NO MEMBER OF THE MELI JIRGA SHALL BE SUBJECT TO LEGALPROCEEDINGS FOR EXPRESSING ANY VIEW OR OPINION WHILE DISCHARGING HIS DUTIES.WHENEVER A MEMBER OF THE MELI JIRGA IS ACCUSED OF AN OFFENSE, THE RESPONSIBLEOFFICIAL SHALL NOTIFY THE MELI JIRGA AND AFTER THE MELI JIRGA GRANTS PERMISSIONBY A MAJORITY VOTE, LEGAL PROCEEDINGS SHALL BE BROUGHT AGAINST THE ACCUSED. INTHE CASE OF A WITNESSED CRIME, THE RESPONSIBLE OFFICIAL CAN BRING LEGALPROCEEDINGS AGAINST THE ACCUSED AND ARREST HIM WITHOUT THE PERMISSION OF THEJIRGA. WHENEVER LEGAL PROCEEDINGS REQUIRE DETENTION ACCORDING TO THE LAW, THERESPONSIBLE OFFICIAL IS BOUND TO NOTIFY IMMEDIATELY THE JIRGA OF THE MATTER,AND WHEN THE JIRGA IS IN RECESS, TO INFORM THE ADMINISTRATIVE BOARD OF THEJIRGA. THE ADMINISTRATIVE BOARD IS BOUND TO NOTIFY THE MELI JIRGA OF THE MATTERAT ITS FIRST SESSION AFTER THE RECESS.
ARTICLE FIFTY FIVE: THE GOVERNMENT MAY ATTEND THE MEETINGS OF THE MELIJIRGA. THE MELI JIRGA MAY DEMAND THE PRESENCE OF THE MEMBERS OF THE GOVERNMENTAT ITS MEETINGS AND PUT QUESTIONS TO THEM. DISCUSSIONS AT THE MEETINGS OF THEMELI JIRGA SHALL BE OPEN, UNLESS: THE PRESIDENT OF THE REPUBLIC DECLARES THEMEETING TO BE A CLOSED SESSION; OR THE PRESIDENT OF THE MELI JIRGA, ANY MEMBEROF THE GOVERNMENT OR AT LEAST TEN MEMBERS OF THE MELI JIRGA REQUEST A CLOSEDMEETING, PROVIDED THIS REQUEST IS APPROVED BY THE JIRGA. NO ONE SHALL FORCIBLYENTER THE MEETING PLACE OF THE MELI JIRGA. VIOLATIONS SHALL BE PUNISHEDACCORDING TO THE PROVISIONS OF THE LAW.
ARTICLE FIFTY SIX: EXCEPT IN CASES EXPLICITLY PROVIDED IN THIS CONSTITUTION,DECISIONS BY THE MELI JIRGA SHALL BE MADE BY A MAJORITY VOTE OF THE MEMBERSPRESENT.
ARTICLE FIFTY SEVEN: THE MELI JIRGA SHALL HOLD ONE ORDINARY SESSION EVERYYEAR FOR FOUR CONSECUTIVE MONTHS BEGINNING ON THE FIRST OF QAUS.
ARTICLE FIFTY EIGHT: THE MELI JIR ADOPT NECESSARY DECISIONS THEREON. THE ADOPTION OF DECISIONS ON THEBUDGET, THE RATIFICATION OF INTERNATIONAL TREATIES, AND THE DISPATCH OFDETACHMENTS OF THE ARMED FORCES OF THE REPUBLICAN STATE OF AFGHANISTAN ABROADARE WITHIN THE COMPETENCE OF THE MELI JIRGA. DURING RECESS OR THE DISSOLUTIONOF THE MELI JIRGA, THE GOVERNMENT MAY DRAFT AND PREPARE ORDINANCES FORREGULATING URGENT MATTERS. THESE ORDINANCES SHALL COME INTO FORCE AFTERSIGNATURE AND PROCLAMATION BY THE PRESIDENT OF THE REPUBLIC. THESE ORDINANCESSHALL BE SUBMITTED TO THE MELI JIRGA FOR A DECISION WITHIN THIRTY DAYS FROM ITSFIRST MEETING.
ARTICLE SIXTY THREE: A LAW IS A RESOLUTION ENACTED BY THE MELI JIRGA ANDSIGNED BY THE PRESIDENT OF THE REPUBLIC.
ARTICLE SIXTY FOUR: THERE CAN BE NO LAW REPUGNANT TO THE BASIC PRINCIPLES OFTHE SACRED RELIGION OF ISLAM, THE REPUBLICAN ORDER, AND OTHER VALUES EMBODIEDIN THE CONSTITUTION.
CHAPTER SIX
THE LOYA JIRGA
ARTICLE SIXTY FIVE: IN AFGHANISTAN, THE LOYA JIRGA IS THE SUPREMEMANIFESTATION OF THE POWER AND WILL OF ITS PEOPLE.
THE LOYA JIRGA IS COMPOSED OF:
THE MEMBERS OF THE MELI JIRGA;
THE MEMBERS OF THE CENTRAL COUNCIL OF THE PARTY;
THE MEMBERS OF THE GOVERNMENT AND THE HIGH COUNCIL OF THE ARMED FORCES;
THE MEMBERS OF THE SUPREME COURT;
FIVE TO EIGHT REPRESENTATIVES FROM EACH PROVINCE, AND,
THIRTY MEMBERS WHO SHALL BE APPOINTED THROUGH A DECREE OF THE PRESIDENT OFTHE REPUBLIC.
ARTICLE SIXTY SIX: THE LOYA JIRGA SHALL BE CONVENED IN ACCORDANCE WITH THEPROVISIONS OF THIS CONSTITUTION THROUGH A DECREE OF THE PRESIDENT OF THEREPUBLIC. THE PRESIDENT OF THE REPUBLIC IS THE CHAIRMAN OF THE LOYA JIRGA. INTHE CASE OF THE DEATH OR RESIGNATION OF THE PRESIDENT OF THE REPUBLIC, THEOFFICE OF THE PRESIDENCY SHALL CONVENE THE LOYA JIRGA WITHIN TWENTY DAYS OF THEDATE OF DEMISE OR RESIGNATION OF THE PRESIDENT.
ARTICLE SIXTY SEVEN: THE LOYA JIRGA SHALL BE CONVENED UNDER THE CHAIRMANSHIPOF THE PRESIDENT OF THE REPUBLIC, OR THE VICE CHAIRMAN OF THE LOYA JIRGA, INTHE FOLLOWING CIRCUMSTANCE:
1) THE AMENDMENT OF THE CONSTITUTION.
2) THE ELECTION AND ACCEPTANCE OF THE RESIGNATION OF THE PRESIDENT OF
THEREPUBLIC.
3) THE APPROVAL OF DECLARATION OF WART AND ARMISTICE
4) ANY OTHER IMPORTANT EVENT WHICH MAY REQUIRE THE APPROVAL OF THE LOYA JIRGA.
ARTICLE SIXTY EIGHT: DURING THE SESSION OF THE LOYA JIRGA, THE PROVISIONS OFARTICLE FIFTY FOUR OF THIS CONSTITUTION SHALL BE APPLICABLE TO ITS MEMBERS.
ARTICLE SIXTY NINE: THE DELIBERATIONS OF THE LOYA JIRGA SHALL BE OPEN UNLESSMORE THAN TWO THIRDS OF THE MEMBERS OF THE GOVERNMENT, OR THE CENTRAL COUNCILOF THE PARTY, OR THIRTY OF MEMBERS OF THE JIRGA, REQUEST THEIR SECRECY AND THELOYA JIRGA APPROVES THIS REQUEST.
ARTICLE SEVENTY: THE LOYA JIRGA, IN ITS FIRST SITTING AFTER INAUGURATION;SHALL ELECT FROM AMONGST ITS MEMBERS A VICE CHAIRMAN AND TWO SECRETARIES BY AMAJORITY VOTE OF ITS MEMBERS.
ARTICLE SEVENTY ONE: EXCEPT IN CASES EXPLICITLY PROVIDED IN THISCONSTITUTION, DECISIONS OF THE LOYA JIRGA SHALL BE ADOPTED BY A MAJORITY VOTEOF THE MEMBERS PRESENT.
ARTICLE SEVENTY TWO: THE PROCEDURE OF THE LOYA JIRGA SHALL BE REGULATED BYLAW, SUBJECT TO THE PROVISIONS OF THIS CONSTITUTION.
ARTICLE SEVENTY THREE: THE LOYA JIRGA SHALL HAVE SUCH POWERS AS AREDETERMINED IN THIS CONSTITUTION.
ARTICLE SEVENTY FOUR: IN THE CASE OF THE DISSOLUTION OF THE MELI JIRGA, ITSMEMBERS SHALL RETAIN THEIR STATUS AS MEMBERS OF THE LOYA JIRGA UNTIL A NEW MELIJIRGA IS CONVENED. WHEN THE LOYA JIRGA IS IN SESSION, ALL ITS MEMBERS SHALLENJOY EQUAL RIGHTS REGARDLESS OF OFFICE, RANK OR DUTY.
CHAPTER SEVEN
THE PRESIDENT OF THE REPUBLIC
ARTICLE SEVENTY FIVE: THE PRESIDENT OF THE REPUBLIC, IS THE HEAD OF THESTATE OF AFGHANISTAN AND SHALL ADMINISTER AND GUIDE, THROUGH THE ORGANSCONCERNED, THOSE FUNCTIONS OF THE EXECUTIVE AND THE PARTY WHICH HAVE BEENDIRECTLY ENTRUSTED TO HIM IN ACCORDANCE WITH THE PROVISIONS OF THIS MELI JIRGA AND CONVENING ANDINAUGURATING ITS EXTRAORDINARY SESSIONS.
6) DISSOLVING THE MELI JIRGA AND DECREEING NEW ELECTIONS. NEW ELECTIONSSHALL BE HELD WITHIN THREE MONTHS FROM THE DATE OF THE DISSOLUTION OF THE MELIJIRGA.
7) CONSOLIDATING NATIONAL UNITY AND UPHOLDING THE INTERESTS OF THE PEOPLE OFAFGHANISTAN.
8) GUIDING AND HARMONIZING THE COUNTRY'S DOMESTIC AND FOREIGN POLICY INACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION.
9) COMMUTING AND THE PARDON OF SENTENCES.
10) AWARDING MEDAL IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.
11) APPOINTING THE VICE PRESIDENT OF THE REPUBLIC FROM AMONGST THE MEMBERSOF THE PARTY AND ALSO APPOINTING THE MINISTERS FROM WITHIN AND WITHOUT THEPARTY, AND DISMISSING THEM AND ACCEPTING THEIR RESIGNATION.
12) APPOINTING THE JUSTICES OF THE SUPREME COURT AND THE CHIEF JUSTICE.
13) APPOINTING, RETIRING, ACCEPTING THEIR RESIGNATION, AND DISMISSINGJUDGES, OFFICERS OF THE ARMED FORCES AND HIGH RANKING OFFICIALS IN ACCORDANCEWITH THE PROVISIONS OF THE LAW.
14) ACCREDITING HEADS OF AFGHANISTAN'S DIPLOMATIC MISSIONS IN FOREIGNSTATES, APPOINTING AFGHANISTAN'S PERMANENT REPRESENTATIVES TO INTERNATIONALORGANS AND ACCEPTING THE LETTERS OF CREDENCE OF FOREIGN DIPLOMATICREPRESENTATIVES.
15) SIGNING LAWS AND ORDINANCES AND PROCLAIMING THEIR ENFORCEMENT: GRANTINGCREDENTIALS FOR THE CONCLUSION OF INTERNATIONAL TREATIES IN ACCORDANCE WITH THEPROVISIONS OF THE LAW AND SIGNING INTERNATIONAL TREATIES.
ARTICLE SEVENTY NINE: THE PRESIDENT OF THE REPUBLIC MAY HAVE RECOURSE TO AGENERAL VOTE OF THE PEOPLE OF AFGHANISTAN ON IMPORTANT NATIONAL MATTERS.
ARTICLE EIGHTY: THE PRESIDENT OF THE REPUBLIC, PRIOR TO ASSUMING OFFICE,SHALL TAKE THE FOLLOWING OATH IN THE PRESENCE OF THE MEMBERS OF THE LOYA JIRGA:
'IN THE PRESENCE OF YOU, THE REPRESENTATIVES OF THE NATION OF AFGHANISTAN, I.............. SWEAR IN THE NAME OF GOD THE ALMIGHTY THAT I WILL PROTECT THEBASIC PRINCIPLES OF THE SACRED RELIGION OF ISLAM AND RESPECT THE CONSTITUTIONAND OTHER LAWS OF AFGHANISTAN AND ABIDE BY THEM, WILL PRESERVE NATIONALINDEPENDENCE, AND TERRITORIAL INTEGRITY, AND WILL DEVOTE ALL MY ENERGY TO THEDEFENSE OF THE RIGHTS AND INTERESTS OF THE PEOPLE AND THE OBJECTIVES OF THEREVOLUTION OF SARATAN 26, OF THE YEAR 1352, AND THE REPUBLIC OFAFGHANISTAN."
ARTICLE EIGHTY ONE: EXCEPT IN CASES DEFINED IN ARTICLE THIRTY SIX OF THISCONSTITUTION, DURING THE TENURE OF HIS OFFICE THE PRESIDENT OF THE REPUBLICSHALL NOT CONDUCT ANY TRANSACTION.
ARTICLE EIGHTY TWO: THE PRESIDENT OF THE REPUBLIC, IN THE EVENT OF HISILLNESS OR WHEN TRAVELING, SHALL DEPUTIZE THE VICE PRESIDENT OR VICE PRESIDENTSTO ACT IN HIS STEAD IN ACCORDANCE WITH THE INSTRUCTIONS HE ISSUES. ARTICLEEIGHTY THREE: THE SALARY AND EXPENDITURE OF THE PRESIDENT OF THE REPUBLIC SHALLBE FIXED BY LAW.
ARTICLE EIGHTY FOUR: FOR THE ELECTION OF THE PRESIDENT OF THE REPUBLIC,NECESSARY MEASURES MUST BE ADOPTED FORTY FIVE DAYS BEFORE THE END OF THE TERMOF THE PRESIDENCY IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, ANDTHE CHARTER OF THE PARTY.
ARTICLE EIGHTY FIVE: SHOULD THE PRESIDENT OF THE REPUBLIC DECIDE TO RESIGN,HE SHALL CONVENE THE LOYA JIRGA AND SUBMIT HIS RESIGNATION DIRECTLY TO THE LOYAJIRGA. IN CASE THE LOYA JIRGA ACCEPTS THE RESIGNATION, THE ELECTION OF THE NEWPRESIDENT OF THE REPUBLIC SHALL TAKE PLACE IN ACCORDANCE WITH ARTICLE EIGHTYEIGHT OF THIS CONSTITUTION.
ARTICLE EIGHTY SIX: IN THE EVENT THE PRESIDENT OF THE REPUBLIC DIES ORRESIGNS, THE PRESIDENTIAL FUNCTIONS SHALL BE ENTRUSTED TEMPORARILY TO THEPRESIDENT OF THE MELI JIRGA. IN SUCH CASES, THE PRESIDENT OF THE MELI JIRGACANNOT BE NOMINATED AS A CANDIDATE FOR ELECTION TO THE OFFICE OF PRESIDENT.DURING THE TENURE OF OFFICE BY THE PRESIDENT OF THE MELI JIRGA AS ACTINGPRESIDENT OF THE REPUBLIC, THIS CONSTITUTION CANNOT BE AMENDED.
THE NEW PRESIDENT OF THE REPUBLIC MUST BE ELECTED WITHIN THIRTY DAYS OF THEDATE THE OFFICE OF THE PRESIDENT BECOMES VACANT, IN ACCORDANCE WITH THEPROVISIONS OF THIS CONSTITUTION. THE ACTI PROCEDURE SHALL BE REGULATED BY A SPECIAL LAW. IN THIS CASE THEPRESIDENTIAL FUNCTIONS SHALL BE ENTRUSTED TEMPORARILY TO THE PRESIDENT OF THEMELI JIRGA. THE ACTING PRESIDENT OF THE REPUBLIC IS SUBJECT TO THE PROVISIONSOF ARTICLE EIGHTY SIX OF THIS CONSTITUTION.
CHAPTER EIGHT
THE GOVERNMENT
ARTICLE EIGHTY EIGHT: THE GOVERNMENT IS THE SUPREME EXECUTIVE ANDADMINISTRATIVE ORGAN OF THE STATE AND CONSISTS OF THE VICE PRESIDENT OR VICEPRESIDENTS OF THE REPUBLIC AND THE MINISTERS, WHO SHALL PERFORM THEIR DUTIESUNDER THE LEADERSHIP OF THE PRESIDENT OF THE REPUBLIC.
ARTICLE EIGHTY NINE: THE VICE PRESIDENT OR VICE PRESIDENTS OF THE REPUBLICAND THE MINISTERS MUST BE CITIZENS OF AFGHANISTAN, MUST ENJOY ALL THEIR CIVILAND POLITICAL RIGHTS, AND THEY AND THEIR SPOUSE MUST BE BORN OF AFGHAN PARENTS.
ARTICLE NINETY: THE VICE PRESIDENT OR VICE PRESIDENTS OF THE REPUBLIC ANDTHE MINISTERS, PRIOR TO ASSUMING OFFICE, SHALL TAKE THE FOLLOWING OATH IN THEPRESENCE OF THE PRESIDENT OF THE REPUBLIC: 'IN THE NAME OF GOD, THE ALMIGHTY, ISWEAR TO REPRESENT THE CONSTITUTION AND OTHER LAWS OF AFGHANISTAN AND TO ABIDEBY THEM AND TO DEVOTE ALL MY ENERGY TO THE DEFENSE OF NATIONAL RIGHTS ANDINTERESTS AND TO PROTECT THE OBJECTIVES OF THE REVOLUTION OF SARATAN 26, 1352,AND THE REPUBLIC OF AFGHANISTAN.
ARTICLE NINETY ONE: THE GOVERNMENT SHALL HAVE THE FOLLOWING DUTIES ANDPOWERS:
1) IMPLEMENTING THE COUNTRY'S DOMESTIC AND FOREIGN POLICY IN ACCORDANCE WITHTHE PROVISIONS OF THE LAW AND THE BASIC PRINCIPLES OF THE PARTY.
2) ADMINISTERING, COORDINATING AND SUPERVISING THE AFFAIRS OF THE MINISTRIESAND OTHER DEPARTMENTS AND PUBLIC INSTITUTIONS.
3) RENDERING EXECUTIVE AND ADMINISTRATIVE DECISIONS IN ACCORDANCE WITH LAWSAND DECREES ISSUED AND SUPERVISING THEIR IMPLEMENTATION.
4) DRAFTING LAWS AND FORMULATING REGULATIONS.
5) PREPARING THE STATE BUDGET AND ADOPTING MEASURES TO STRENGTHEN THEECONOMY AND THE MONETARY AND FINANCIAL SYSTEM.
6) DRAFTING THE DEVELOPMENT PLANS OF THE STATE AND ADOPTING MEASURES FORTHEIR IMPLEMENTATION AND EXECUTION.
7) DISCUSSING AND NEGOTIATING FOR THE PURPOSE OF OBTAINING OR GRANTINGDOMESTIC OR FOREIGN LOANS.
8) ADOPTING MEASURES TO ENSURE PUBLIC ORDER AND SECURITY.
9) ADOPTING NECESSARY AND EFFECTIVE MEASURES TO ERADICATE ALL FORMS OFADMINISTRATIVE CORRUPTION IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.
10) CONCLUDING AGREEMENTS WITH FOREIGN COUNTRIES AND ORGANIZATIONS INACCORDANCE WITH THE PROVISIONS OF THE LAW.
11) PERFORMING THE DUTIES ENTRUSTED TO THE GOVERNMENT BY THIS CONSTITUTION.
ARTICLE NINETY TWO: THE GOVERNMENT SHALL PROMULGATE REGULATIONS TO ORGANIZEITS AFFAIRS ON THE BASIS OF THE LAW. THESE REGULATIONS CANNOT BE REPUGNANT TOTHE LETTER OR THE SPIRIT OF THE LAW.
ARTICLE NINETY THREE: EXCEPT IN CASES DEFINED IN ARTICLE THIRTY SIX OF THISCONSTITUTION, THE, VICE PRESIDENT OR VICE PRESIDENTS OF THE REPUBLIC AND THEMINISTERS, DURING THEIR TENURE, SHALL NOT CONDUCT ANY TRANSACTION FOR PROFITWITH THE STATE.
ARTICLE NINETY FOUR: THE VICE PRESIDENT OR VICE PRESIDENT OF THE REPUBLICSHALL BE RESPONSIBLE TO THE PRESIDENT OF THE REPUBLIC, THE CENTRAL COUNCIL OFTHE PARTY AND THE MELI JIRGA IN RESPECT TO THE PERFORMANCE OF THEIR DUTIES.
ARTICLE NINETY FIVE: AN ACCUSATION OF OFFENSE AGAINST THE VICE PRESIDENT ORVICE PRESIDENTS OR AGAINST ANY OF THE MINISTERS CAN BE REQUESTED BY ONE THIRDOF THE MEMBERS OF THE MELI JIRGA. SUCH A REQUEST CAN BE APPROVED ONLY BY A TWOTHIRDS MAJORITY VOTE OF THE MEMBERS OF THE MELI JIRGA. THE ACCUSED SHALL BEREMOVED FROM OFFICE AFTER SUCH AN APPROVAL. THE TRIAL OF THE ACCUSED SHALL BECONDUCTED BEFORE A SPECIAL COURT. THE COMPOSITION OF THE COURT AND ITS TRIALPROCEDURE AND THE PUNISHMENT SHALL BE REGULATE SEPARATELY BY A SPECIAL LAW.
CHAPTER NINE
THE JUDICIARY
ARTICLE NINETY SIX: THE JUDICIAL POWER IS AN ORGAN OF THE STATE AND CONSISTSOF THE SUPREME COURT AND OTHER COURTS THE NUMBER OF WHICH THE LAWS OF THE STATE. WHENEVERNO PROVISION EXISTS IN THE CONSTITUTION OR IN THE LAWS OF THE STATE FOR A CASEOR CASES UNDER CONSIDERATION, THE COURTS, BY FOLLOWING THE BASIC PRINCIPLES OFTHE HANAFI JURISPRUDENCE OR THE SHARIAT OF ISLAM AND WITHIN THE LIMITATIONS SETFORTH IN THIS CONSTITUTION, SHALL RENDER A JUDGMENT THAT IN THEIR OPINIONSECURES JUSTICE IN THE BEST POSSIBLE WAY.
ARTICLE ONE HUNDRED: THE JUDGES SHALL BE APPOINTED BY THE PRESIDENT OF THEREPUBLIC UPON THE RECOMMENDATION OF THE CHIEF JUSTICE.
ARTICLE ONE HUNDRED AND ONE: THE DISMISSAL OF JUDGES ON THE GROUND OFCOMMITTING AN OFFENSE SHALL BE DONE WITH THE APPROVAL OF THE PRESIDENT OF THEREPUBLIC UPON RECOMMENDATION OF THE SUPREME COURT. WHENEVER A JUDGE IS ACCUSEDOF COMMITTING AN OFFENSE, THE SUPREME COURT SHALL CONSIDER THE CASE OF THEJUDGE ACCORDING TO THE PROVISIONS OF THE LAW AND AFTER HEARING HIS DEFENSE,SHOULD THE SUPREME COURT FIND THE ACCUSATION TO BE SUSTAINED, IT WILL RECOMMENDHIS DISMISSAL TO THE PRESIDENT OF THE REPUBLIC; WITH ITS APPROVAL BY THEPRESIDENT OF THE REPUBLIC, THE JUDGE SHALL BE DISMISSED FROM OFFICE AND BEPUNISHED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.
ARTICLE ONE HUNDRED AND TWO: THE TRANSFER, PROMOTION, RETIREMENT, ACCEPTANCEOF THE RESIGNATION AND THE CALLING TO ACCOUNT OF THE JUDGES SHALL BE DONE BYTHE SUPREME COURT IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.
ARTICLE ONE HUNDRED AND THREE: APPROPRIATE SALARIES FOR THE JUDGES SHALL BEFIXED BY LAW.
ARTICLE ONE HUNDRED AND FOUR: EXCEPT IN CASES DEFINED IN ARTICLE THIRTYSEVEN OF THIS CONSTITUTION, DURING THE TENURE OF THEIR OFFICE, THE MEMBERS OFTHE SUPREME COURT AND THE CHIEF JUSTICE CANNOT CONDUCT ANY TRANSACTION FORPROFIT WITH THE STATE.
ARTICLE ONE HUNDRED AND FIVE: IN THE COURTS OF AFGHANISTAN TRIALS SHALL BEHELD OPENLY, AND EVERYONE HAS THE RIGHT TO ATTEND IN ACCORDANCE WITH THEPROVISIONS OF THE LAW. THE ENFORCEMENT OF FINAL DECISIONS OF THE COURTS ISOBLIGATORY, EXCEPT IN THE CASE OF DEATH SENTENCE IN WHICH INSTANCE THEEXECUTIVE OF THE JUDGMENT OF THE HIGHEST COURT SHALL BE SUBJECT TO THEENDORSEMENT OF THE PRESIDENT OF THE REPUBLIC. THE COURTS ARE BOUND TO STATE THEREASONS FOR THEIR DECISIONS IN THE JUDGMENTS THAT THEY PASS.
ARTICLE ONE HUNDRED AND SIX: THE DETECTION OF CRIMES BY THE POLICE, AND THEINVESTIGATION, PURSUIT, AND PROSECUTION THEREOF BY THE ATTORNEY GENERAL,WHO AREPART OF THE EXECUTIVE ORGAN, SHALL BE CONDUCTED IN ACCORDANCE WITH THEPROVISIONS OF THE LAW. THE DETECTION AND INVESTIGATION OF CRIMES RELATING TOTHE ARMED FORCES OF AFGHANISTAN SHALL BE REGULATED BY SPECIAL LAW.
ARTICLE ONE HUNDRED AND SEVEN: THE SUPREME COURT IS COMPOSED OF NINEJUSTICES WHO SHALL BE APPOINTED BY THE PRESIDENT OF THE REPUBLIC. A MEMBER OFTHE SUPREME COURT MUST POSSESS THE FOLLOWING QUALIFICATIONS:
1) HAVE ATTAINED THE AGE OF THIRTY FIVE.
2) HAVE ACQUIRED THE CITIZENSHIP OF THE STATE OF AFGHANISTAN AT LEAST TENYEARS PRIOR TO THE DATE OF APPOINTMENT.
3) NOT HAVE BEEN SENTENCED BY A COURT WITH DEPRIVATION OF POLITICAL RIGHTS.
4) HAVE SUFFICIENT KNOWLEDGE OF NATIONAL OBJECTIVES, LEGAL SCIENCE AND THELEGAL SYSTEM OF AFGHANISTAN. THE PRESIDENT OF THE REPUBLIC SHALL APPOINT ONE OFTHE MEMBERS OF THE SUPREME COURT, WHO MUST NOT BE UNDER FORTY YEARS OF AGE, ASTHE CHIEF JUSTICE. THE PRESIDENT OF THE REPUBLIC CAN REVIEW THE APPOINTMENT OFTHE MEMBERS OF THE SUPREME COURT AND THE CHIEF JUSTICE AFTER FIVE YEARS OFTHEIR APPOINTMENT TO THE SAID OFFICES. SUBJECT TO THIS PROVISION, THE MEMBERSOF THE SUPREME COURT AND THE CHIEF JUSTICE SHALL NOT BE REMOVED FROM THEIROFFICES BY ANY OTHER MEANS EXCEPT IN THE CASE OF ARTICLE ONE HUNDRED AND ELEVENOF THIS CONSTITUTION.
ARTICLE ONE HUNDRED AND EIGHT: THE MEMBERS OF THE SUPREME COURT AND THECHIEF JUSTICE, BEFORE ASSUMING OFFICE, SHALL TAKE THE FOLLOWING OATH IN THEPRESENCE OF THE PRESIDENT OF THE REPUBLIC: 'IN THE NAME OF GOD, THE ALMIGHTY, ISWEAR TO DISCHARGE MY JUDICIAL DUTIES WITH UTMOST HONESTY AND INTEGRITY; TOSECURE TRUTH AND JUSTICE WITH REGARD FOR THE BASIC PRINCIPLES OF T RESTRICTIONS MENTIONED IN THE LAST SECTION OF ARTICLE ONEHUNDRED AND NINE SHALL BE APPLICABLE TO THE MEMBER OF THE SUPREME COURT OR THECHIEF JUSTICE WHO HAS RESIGNED.
ARTICLE ONE HUNDRED AND ELEVEN: SHOULD ONE THIRD OF THE MEMBERS OF THE MELIJIRGA REQUEST THE IMPEACHMENT OF THE CHIEF JUSTICE OR OF ONE OR MORE OF THEMEMBERS OF THE SUPREME COURT ON A CHARGE OF AN OFFENSE ARISING FROM THEPERFORMANCE OF HIS DUTIES, AND SHOULD THE MELI JIRGA APPROVE THIS REQUEST BY AMAJORITY OF TWO THIRDS OF ITS MEMBERS, THE ACCUSED SHALL BE RELIEVED OF HISOFFICE. THE MELI JIRGA SHALL APPOINT ONE OF ITS MEMBERS TO FILE A SUIT ANDSHALL APPOINT A PANEL OF EIGHT PERSONS TO ACT AS TRIBUNAL. THIS PANEL, PRESIDEDOVER BY THE PRESIDENT OF THE MELI JIRGA, SHALL TRY THE ACCUSED IN ACCORDANCEWITH THE PROCEDURE OF A CRIMINAL COURT AND, IF PROVED GUILTY, THE ACCUSED SHALLBE DISMISSED FROM OFFICE AND SENTENCED TO PUNISHMENT.
ARTICLE ONE HUNDRED AND TWELVE: THE SUPREME COURT SHALL REGULATE THEORGANIZATION AND FUNCTIONS OF THE COURTS AND THE JUDICIAL AFFAIRS OF THE STATEIN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION AND THE LAWS. EXCEPT INCASES DEFINED IN THIS CONSTITUTION, THE JUDICIAL AND ADMINISTRATIVEJURISDICTION OF THE SUPREME COURT SHALL BE REGULATED BY LAW. THE SUPREME COURTSHALL ADOPT NECESSARY MEASURES TO ORGANIZE THE ADMINISTRATIVE AFFAIRS OF THECOURTS. THE BUDGET OF THE JUDICIAL ORGAN SHALL BE PREPARED BY THE CHIEF JUSTICEIN CONSULTATION WITH THE GOVERNMENT AND SHALL BE SUBMITTED BY THE GOVERNMENT TOTHE MELI JIRGA AS A PART OF THE STATE BUDGET. THE IMPLEMENTATION OF THEJUDICIARY BUDGET SHALL BE WITHIN THE JURISDICTION OF THE SUPREME COURT. THESUPREME COURT MAY DRAFT LAWS IN THE SPHERE OF ORGANIZING THE JUDICIAL AFFAIRSAND SUBMIT THEM TO THE MELI JIRGA IN ACCORDANCE WITH THE PROVISIONS OF ARTICLESIXTY TWO OF THIS CONSTITUTION. ARTICLE ONE HUNDRED AND THIRTEEN: THEPROVISIONS OF THE LAWS CONCERNING CIVIL SERVANTS AND OTHER ADMINISTRATIVEEMPLOYEES OF THE STATE SHALL BE APPLICABLE TO THE CIVIL SERVANTS AND OTHERADMINISTRATIVE EMPLOYEES OF THE JUDICIARY ORGAN; BUT THEIR APPOINTMENT,PROMOTION, THE ACCEPTANCE OF THEIR RESIGNATIONS, THEIR CALLING TO ACCOUNT ANDRETIREMENT SHALL BE ADMINISTERED BY THE SUPREME COURT.
CHAPTER TEN
EMERGENCY
ARTICLE ONE HUNDRED AND FOURTEEN: WHENEVER WAR, THE DANGER OF WAR, REBELLIONOR ANY SIMILAR SITUATION WHICH MAY THREATEN THE COUNTRY, DISRUPTS THEPRESERVATION OF INDEPENDENCE, NATIONAL LIFE, OR SECURITY IN SUCH A WAY AS TORENDER THEM IMPOSSIBLE TO SECURE THROUGH THE CHANNEL PROVIDED FOR IN THISCONSTITUTION, A STATE OF EMERGENCY SHALL BE DECLARED BY THE PRESIDENT OF THEREPUBLIC. SHOULD THE STATE OF EMERGENCY CONTINUE FOR MORE THAN FOUR MONTH, THEAGREEMENT OF THE MELI JIRGA IS IMPERATIVE FOR ITS EXTENSION.
ARTICLE ONE HUNDRED AND FIFTEEN: IN A STATE OF EMERGENCY, THE PRESIDENT OFTHE REPUBLIC MAY TRANSFER ALL OR PART OF THE POWERS OF THE MELI JIRGA TO THEGOVERNMENT.
ARTICLE ONE HUNDRED AND SIXTEEN: IN A STATE OF EMERGENCY THE PRESIDENT OFTHE REPUBLIC, SUBJECT TO THE PROVISIONS OF ARTICLE NINETY EIGHT OF THISCONSTITUTION, MAY TRANSFER A PART OF THE JURISDICTION OF THE JUDICIARY TOMILITARY COURTS.
ARTICLE ONE HUNDRED AND SEVENTEEN: IN A STATE OF EMERGENCY THE GOVERNMENT,WITH THE AGREEMENT OF THE SUPREME COURT MAY, BY PRESIDENTIAL DECREE, SUSPEND ORIMPOSE RESTRICTION UPON THE FOLLOWING PROVISIONS OF THE CONSTITUTION:
1) THE PROVISIONS OF SECTION FIVE OF ARTICLE THIRTY;
2) THE PROVISIONS OF SECTION ONE OF ARTICLE THIRTY FIVE;
3) THE PROVISIONS OF SECTIONS THREE AND FOUR OF ARTICLE THIRTY SIX;
4) THE PROVISIONS OF SECTION TWO OF ARTICLE THIRTY SEVEN; AND,
5) THE PROVISIONS OF ARTICLE THIRTY NINE.
ARTICLE ONE HUNDRED AND EIGHTEEN: IN A STATE OF EMERGENCY THE PRESIDENT OFTHE REPUBLIC MAY TRANSFER THE CAPITAL OF AFGHANISTAN TO A PLACE OTHER THAN THECITY OF KABUL.
ARTICLE ONE HUNDRED AND NINETEEN: SHOULD THE TERM OF OFFICE OF THE MEMBERSOF THE MELI JIRGA COME TO AN END DURING A STATE OF EMERGENCY, THENECESSITY OF AMENDMENT, THE JIRGA SHALL APPOINT FROM AMONGST ITS MEMBERS ACOMMITTEE TO PREPARE THE DRAFT AMENDMENT. THIS COMMITTEE SHALL DRAFT THEAMENDMENT IN CONSULTATION WITH THE GOVERNMENT AND THE SUPREME COURT AND SUBMITIT TO THE LOYA JIRGA. SHOULD THE DRAFT AMENDMENT BE APPROVED BY A MAJORITY OFTHE MEMBERS OF THE LOYA JIRGA, IT SHALL COME INTO FORCE AFTER SIGNATURE ANDPROCLAMATION BY THE PRESIDENT OF THE REPUBLIC.
CHAPTER TWELVE
TRANSITIONAL PROVISIONS
ARTICLE ONE HUNDRED AND TWENTY THREE: WITH THE ENFORCEMENT OF THECONSTITUTION THE PRESIDENT OF THE REPUBLIC SHALL ISSUE A DECREE THEREBYDISSOLVING THE GOVERNMENT AND HE SHALL FORM A NEW GOVERNMENT IN CONFORMITY WITHTHE SPIRIT OF THIS CONSTITUTION OF THE REPUBLICAN STATE.
ARTICLE ONE HUNDRED AND TWENTY FOUR: THE PRESIDENT OF THE REPUBLIC SHALLCONVENE THE MELI JIRGA, I ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION,ON THE FIRST OF QAWS, 1358, AH. THE PERIOD BETWEEN THE ENFORCEMENT OF THISCONSTITUTION AND THE INAUGURATION OF THE MELI JIRGA SHALL BE CONSIDERED THETRANSITIONAL PERIOD. DURING THE TRANSITIONAL PERIOD THE POWERS OF THE MELIJIRGA SHALL BELONG TO THE GOVERNMENT.
ARTICLE ONE HUNDRED AND TWENTY FIVE: WHENEVER DURING THE TRANSITIONAL PERIODANY SITUATION SHOULD ARISE WHICH, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLESIXTY SEVEN OF THIS CONSTITUTION, REQUIRES THE CONVENING OF THE LOYA JIRGA, THEPRESIDENT OF THE REPUBLIC SHALL ISSUE A PROCLAMATION CONVENING THE LOYA JIRGA.IN THESE CIRCUMSTANCES THE RESIDENT OF THE REPUBLIC SHALL HAVE ALL THE POWERSOF THE LOYA JIRGA UNTIL IT IS CONVENED. IMMEDIATELY AFTER THE INAUGURATION OFTHE LOYA JIRGA, THE PRESIDENT OF THE REPUBLIC SHALL INFORM THE LOYA JIRGA OFTHE ACTIONS TAKEN IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, AND THELOYA JIRGA SHALL ADOPT DECISIONS THEREON. IF DURING THE OCCURRENCE OF ANY OFTHE ABOVE MENTIONED CIRCUMSTANCES, THE CENTRAL COUNCIL OF THE PARTY OR THE HIGHCOUNCIL OF THE ARMED FORCES OR THE SUPREME COURT IS NOT CONSTITUTED INACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION, THE LOYA JIRGA SHALL BECONVENED IN THE TRADITIONAL MANNER.
ARTICLE ONE HUNDRED AND TWENTY SIX: THE PRESIDENT OF THE REPUBLIC, INACCORDANCE WITH THE PROVISIONS OF ARTICLE ONE HUNDRED AND SEVEN OF THISCONSTITUTION, SHALL PROCLAIM THE ESTABLISHMENT OF THE SUPREME COURT ON THEFIRST OF SARATAN, 1357 AH. DURING THE PERIOD BETWEEN THE ENFORCEMENT OF THISCONSTITUTION AND THE ESTABLISHMENT OF THE SUPREME COURT, THE PRESIDENT OF THEREPUBLIC SHALL ADOPT NECESSARY MEASURES TO ENSURE THE PERFORMANCE OF THEFUNCTIONS OF THE SUPREME COURT.
ARTICLE ONE HUNDRED AND TWENTY SEVEN: ORDINANCES ENFORCED DURING THETRANSITIONAL PERIOD SHALL BE PRESENTED FOR DECISION TO THE FIRST SESSION OF THEMELI JIRGA WITHIN THIRTY DAYS OF ITS CONVENING.
ARTICLE ONE HUNDRED AND TWENTY EIGHT: DURING THE TRANSITIONAL PERIOD THEGOVERNMENT HAS THE DUTY TO PREPARE ORDINANCES RELATING TO THE MELI JIRGAELECTIONS, THE PRESS, ASSEMBLY AND THE BASIC ORGANIZATION OF THE STATE, AND TOSUBMIT THEM FOR SIGNATURE BY THE PRESIDENT OF THE REPUBLIC.
ARTICLE ONE HUNDRED AND TWENTY NINE: DURING THE TRANSITIONAL PERIOD THEGOVERNMENT SHALL ADOPT NECESSARY MEASURES TO COORDINATE THE PERFORMANCE, ANDTHE IMPLEMENTATION AND EXECUTION OF THE PROGRAM OF THE STATE IN ACCORDANCE WITHTHE PROVISIONS OF THIS CONSTITUTION.
ARTICLE ONE HUNDRED AND THIRTY: DURING THE TRANSITIONAL PERIOD THE PRESIDENTOF THE REPUBLIC SHALL ENFORCE AND PROCLAIM IN ACCORDANCE WITH THE PROVISIONS OFARTICLE FORTY OF THIS CONSTITUTION THE CHARTER OF HEZB-E-ENQELAB-E-MELI, WHICHIS THE FOUNDER AND VANGUARD OF THE NATIONAL AND PROGRESSIVE REVOLUTION OFSARATAN 26, OF THE YEAR 1352 OF THE PEOPLE OF AFGHANISTAN, AS THE FIRST PARTY.
ARTICLE ONE HUNDRED AND THIRTY ONE: DURING THE TRANSITION PERIOD THE PRESIDENT OF THE REPUBLIC SHALL ESTABLISH AND PROCLAIM THE HIGH COUNCIL OF THE ARMED FORCES.
ARTICLE ONE HUNDRED AND THIRTY TWO: DURING THE TRANSITIONAL PERIOD, THE PRESIDENT OF THE REPUBLIC HAS THE POWER TO ANTICIPAT