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Constitution

In the name of God, the Merciful, the Compassionate

Preamble
We the people of Afghanistan:
1. With firm faith in God Almighty and relying on His lawful mercy, and Believing
in the Sacred religion of Islam,
2. Realizing the injustice and shortcomi ng 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 Af ghanistan, and respecting the high position
of the martyrs for the freedom of Afghanistan,
4. Understanding the fact that Afghanistan is a si ngle 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 t he city of Kabul.

Chapter I The State

Article 1 [Islamic Republic] Afghanistan is an Islamic Republic, indepen dent, unitary and indivisible state.

Article 2 [Religions] (1) The religion of the state of the Isla mic Republic of Afghanistan is the sacred
religion of Islam .
(2) Followers of other religions are free to exercise their faith and perform their
religious rites within the limits of the provisions of law.

Article 3 [Law and Religion] In Afghanistan, no law can be contrary to t he beliefs and provisions of the sacred
religion of Islam.

Article 4 [Sovereignty, Ethnic Groups, Citizenship] (1) National sovereignty in Afghanistan bel ongs 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 compri sed of the following ethnic groups:
Pashtun, Tajik, Hazara, Uzbak, Turkm an, 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 citizens hip and asylum are regulated by law.

Article 5 [Territorial Integrity] Implementation of the provisions of th is constitution and other laws, defending
independence, national sovereig nty, territorial integrity, and ensuring the security
and defense capability of the country, are the basic duties of the state.

Article 6 [Purposes] The state is obliged to create a prosperous and progressive society based on
social justice, protection of human digni ty, protection of human rights, realization
of democracy, and to ensur e national unity and equality among all ethnic groups
and tribes and to provide for balanced dev elopment in all areas of the country.

Article 7 [International Law] (1) The state shall abide by the UN charter, international treat ies, international
conventions that Afghanistan has signed, and the Universal Declaration of
Human Rights.
(2) The state prevents all types of terro rist activities, production and consumption
of intoxicants (muskirat), pr oduction and smuggling of narcotics.

Article 8 [State Policy] The state regulates the policy of the country on the basis of preserving the
independence, national interests, terri torial integrity, non-aggression, good
neighborliness, mutual re spect, and equal rights.

Article 9 [Natural Resources] (1) Mines, underground resources ar e properties of the state.
(2) Protection, use, management, and mode of utilization of the public properties
shall be regulated by law.

Article 10 [Pri vate Investments]

The State encourages and protects private capital investments and enterprises
based on the market economy and guarantees their protection in accordance
with the provisio ns of law.

Article 11 [Trade] Affairs related to the domestic and exte rnal trade shall be regulated by law in
accordance with the needs of the nati onal economy and public interests.

Article 12 [Bank] (1) Da Afghanistan Bank is the cent ral and independent bank of the state.
(2) Issuance of currency, and formulation and implementation of monetary policy
of the country are the m andates 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 money.
(4) Structure and operation of this bank shall be regulated by law.

Article 13 [Economy] The state shall formulate and implement effective programs for development of
industries, growth of production, in creasing of public living standards, and
support to craftsmanship.

Article 14 [Farming, Housing] (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
law.

Article 15 [Environment] The state is obliged to adopt necessary measures for safeguarding forests and
the environment.

Article 16 [Languages] (1) From among the languages of Pashtu , Dari, Uzbeki, Turkmani, Baluchi,
Pashai, Nuristani, Pamiri (alsana), Ar ab and other languages spoken in the
country, Pashtu and Dari are the o fficial languages of the state.
(2) The Turkic languages (Uzbaki and Turk men), Baluchi, Pashai, Nuristani and
Pamiri (alsana) are — in addition to Pash to and Dari — the third official language
in areas where the majority speaks them. The practical modalities for
implementation of this provisi on shall be specified by law.
(3) The state adopts and implements effective plans for strengthening, and
developing all languag es of Afghanistan.
(4) Publications and radio and television broadcasting are allowed in
all
languages spoken in the country.

Article 17 [Education] The state shall adopt necessary measures for promotion of education in all
levels, development of religious educ ation, organizing and improving the
conditions of mosques, madrasas and religious centers.

Article 18 [Calendar] (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.

Article 19 [Flag, Insignia, Emblem] (1) The Afghan flag is made up of thr ee 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 “Ther e is no God but Allah and Mohammad is his prophet,
and Allah is Great” is plac ed, along with a rising sun. The word “Afghanistan” and
year 1298 (solar calendar) is located in t he lower part of the insignia. The insignia
is encircled with two branches of wheat.
(5) The law shall regulate the use of national flag and emblem.

Article 20 [Anthem] The National Anthem of Afghanistan sha ll be in Pashtu and mention “Allahu
Akbar” and the names of the ethnic groups of Afghanistan.

Article 21 [Capital] The capital of Afghanistan is the city of Kabul.

Chapter II Fundamental Rights and Duties of Citizens

Article 22 [Equality] (1) Any kind of discrimination and priv ilege between the citizens of Afghanistan
are prohibited.
(2) The citizens of Afghanistan — whether man or woman — have equal rights and
duties before the law.

Article 23 [Life] 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.

Article 24 [Liberty, Human Dignity] (1) Liberty is the natural right of hum an beings. This right has no limits unless
affecting the rights of other s or public interests, which are regulated by law.
(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.

Article 25 [Presu mption of Innocence] (1) Innocence is the original state.
(2) An accused is considered innocent until convicted by a final decision of an
authorized court.

Article 26 [Criminal Responsibility] (1) Crime is a personal action.
(2) The prosecution, arrest, and detenti on of an accused and the execution of
penalty can not affect another person.

Article 27 [Punishment] (1) No act is considered a crime, unle ss 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.

Article 28 [Extradition] (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 deprivati on of citizenship or to exile inside
the country or abroad.

Article 29 [Torture] (1) Torture of human bei ngs is prohibited.
(2) No person, even with the intention of discovering the truth, can resort to
torture or order the tort ure of another person who may be under prosecution,
arrest, or imprisoned, or convicted to punishment.
(3) Punishment contrary to human integrity is prohibited.

Article 30 [Com pulsion, Confession] (1) Any statement, testimony, or confe ssion obtained from an accused or of
another person by means of compulsion, are invalid.
(2) Confession to a crime is: a voluntar y confession before an authorized court by

an accused in a sound state of mind.

Article 31 [Defence] (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 ri ght 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 sh all appoint an advocate for a destitute.
(4) The confidentiality of oral, writt en 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.

Article 32 [Debt Relief] (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.

Article 33 [El ectoral Rights] (1) The citizens of Afghanistan have the right to elect and be elected.
(2) Law regulates the conditions and means to exercise this right.

Article 34 [Expr ession, Press, Media] (1) Freedom of expression is inviolable.
(2) Every Afghan has the right to express his thought through spee ch, 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, r adio, television, press, and other mass
media, will be regulated by the law.

Article 35 [Organizations, Parties] (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 fi nancial 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 dec ision of an authorized court.

Article 36 [Demonstration] The citizens of Afghanistan have the ri ght to un-armed demonstrations, for
legitimate peaceful purposes.

Article 37 [Confidenti ality of Communication] (1) Confidentiality and freedom of co rrespondence and communication whether
in the form of letters or through te lephone, telegraph and other means, are
immune from invasion.
(2) The state does not have the right to inspect personal corresponden
ce and
communication unless authorized by the provisions of law.

Article 38 [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 in spect a private residence without prior
permission of the resident or holding a court order.
(3) In case of an evident cr ime, 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 situati on is required to obtain a subsequent court
order for the house search within the period indicated by law.

Article 39 [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 provisio ns of law.
(3) The state shall protect the rights of the citizens of Afghanistan abroad.

Article 40 [Private Property] (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 confiscat ed 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 priv ate property are carried out only in
accordance with the provisions of law.

Article 41 [Property of Foreigners] (1) Foreign individuals do not have the ri ght to own immovable property in
Afghanistan.
(2) Lease of immovable property for the pur pose 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.

Article 42 [Taxes, Duties] (1) Every Afghan is obligated to pay ta xes 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 t he 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 inco mes collected, shall be delivered to the
State account.

Article 43 [Education] (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 level education.
(3) The state is also required to provi de the opportunity to teach native languages
in the areas where they are spoken.

Article 44 [Education for Women and Nomads, Illiteracy] The state shall devise and implement effective programs for balancing and
promoting of education for women, im proving of education of nomads and
elimination of illiter acy in the country.

Article 45 [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.

Article 46 [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 c an establish higher, general, and vocational
private educational institutions and liter acy courses with the permission of the
state.
(3) The state can also permit foreign persons to set up higher, general and
vocational educational private institut es in accordance with the law.
(4) The conditions for admission to stat e higher education institutions and other
related matters to be regulated by the law.

Article 47 [Science, Culture, Literature, Arts] (1) The state shall devise effective pr ograms 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.

Article 48 [Work] (1) Work is the ri ght 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.

Article 49 [Forced Labor] (1) Forced labor is forbidden.
(2) Active participation, in times of war, calamity, and other situations threatening
lives and public welfare is one of t he primary duties of every Afghan.
(3) Children shall not be subjected to forced labor.

Article 50 [Public Administ ration, Offices, Information] (1) The state is obliged to adopt necessary measures for creation of a strong and
sound administration and realiz ation of reforms in the administration system of
the country after authorisation by the National Assembly.
(2) Government offices are bound to ca rry their work with full neutrality and
incompliance with the provisions of law.
(3) The citizens of Afghanistan have the ri ght of access to the information from
the government offices in accordance with the provisions of law.
(4) This right has no limits, unless vi olation of the rights of the others.
(5) The citizens of Afghanistan are employed for state services on the basis of
qualification without any ki nd of discrimination and in accordance with law.

Article 51 [Compensation] (1) Any person suffering undue harm by government action is entitled to
compensation, which he can claim by appealing to court.
(2) With the exceptio n of situation stated in the la w, the state cannot claim its
right without the order of an authorized court.

Article 52 [Health Care, Hospital s, Physical Education, Sports] (1) The state is obliged to provide free means of preventive health care and
medical treatment, and proper health facilit ies 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 physi cal education and improve national and
local sports adopts necessary measures.

Article 53 [Handicapped] (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 pr ivileges of pensioners and disabled and
handicapped individuals and as well renders necessary assistance to needy
elders, women without caretakers, and needy orphans in accordance with the
law.

Article 54 [Family] (1) Family is a fundamental unit of so ciety 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 cont rary to the principles of sacred religion of Islam.

Article 55 [Defense, Military Service] (1) The defense of the country is the res ponsibility of all citizens of Afghanistan.
(2) The conditions for military services are regulated by law.

Article 56 [Obeying the Law] (1) Observing the provisions of the C onstitution, obeying the laws, adhering to
public law and order ar e the duties of all people of Afghanistan.
(2) Ignorance about the provisions of law is not considered an excuse.

Article 57 [Right s 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 Afgha
nistan in
accordance with the International Law.

Article 58 [Human Rights Commission] (1) The State, for the pur pose of monitoring the obser vation 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 right s have been violated can file complaint
to the Commission.
(3) The Commission can refer cases of vi olation 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.

Article 59 [Misuse of Rights] No one can misuse the rights and freedoms under this Constitution against the
independence, territorial integrit y, sovereignty and national unity.

Chapter III The President

Article 60 [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, re signation, and or death of the President,
acts in accordance with the provisions of this constitution.

Article 61 [Direct Election] (1) The President is elected by receiv ing more than 50% of the votes cast
through free, general, secret, and direct voting.
(2) The presidential term is ex pired at the first of Jawza of the fifth years after the
elections.
(3) Elections for the new president are hel d 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 electi on 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 get s 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 announc ement 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 an
d
referendums in the country, in accor dance with the provisions of law.

Article 62 [Qualifications] (1) Presidential candidates should posses the following qualification:
— Should be citizen of Afghanistan, Mu slim 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 civ il rights by a court.
(2) No one can be elected as pres ident for more than two terms.
(3) The provision of this article is applied to the Vice Presidents as well.

Article 63 [Oat h of Allegiance] The President-elect, prior to resumption of his/her duties, performs the following
oath of allegiance in the presence of me mbers of the National Assembly and the

chief justice:
“In the name Allah, the Merciful, the Compassionate
In the name God Almighty, in the presence of you representatives of the nation of
Afghanistan, I swear to obey and safeguard the provisions of the sacred religion
of Islam, to observe the Constitution and other laws of Afghanistan and supervise
their implementation; to safeguard the independence, national sovereignty, and
the territorial integrity of Afghanistan and the fundamental rights and interests of
the people of Afghanistan, and with the assistance of God and the support of the
nation, to make great and sincere effo rts for the happiness and progress of the
people of Afghanistan.”

Article 64 [Powers and Duties] The powers and duties of the President are as follows:
— Supervising the implementat ion 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 def ending 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 A ssembly and the Grand Council [ Loya Jirga].
— Accepting resignation of the Vice President.
— Appointing of Ministers, the Attorney General, the Dir ector of the Central Bank,
Head of the National Security Director ate 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 mem bers of the Supreme Court with the approval of
the House of Representatives [ Wolesi Jirga].
— Appointment, retirement and acceptance of resignation and dismissal of
judges, officers of the armed forces, police, national security, and high-ranking
officials in accordance with the law.
— Appointment of heads of diplomat ic missions of Afghanistan in foreign
countries and international organizations.
— Accepting the credentials of di plomatic 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 penaltie s in accordance with law.
— Issuing medals, and honorary titles in accordance with the provision of law.
— The establishment of commissions for t he improvement of the administrative

condition of the country, in accordance with law.
— Exercising other authorities in accordance with the provisions of this
Constitution.

Article 65 [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.

Article 66 [Restrictions] (1) The President takes into considerati on the supreme interests of the people of
Afghanistan while enforcing the power s stated in this Constitution.
(2) The President cannot sell or bestow st ate properties without the provisions of
the law.
(3) The President cannot act based on li nguistic, ethnic, religious, political, and
regional considerations during his term in office.

Article 67 [Resignation] (1) In case of resignation, impeachment, or death of the President, or of a serious
illness that could hinder t he performance of duties, the First Vice President
undertakes his duties and authorities.
(2) The President declares his resignatio n 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 sha ll be held within the period of
three months in acco rdance with the Article
61 of this constitution.
(5) During the time when the First Vice Pres ident 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 Pres idents 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 dut ies of the First Vice President shall be
determined by the President.

Article 68 [Replacement] (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 this constitution.

Article 69 [Impeachment] (1) The President is responsible to t he nation and the House of Representatives
[ Wolesi Jirga ] in accordance with this article.
(2) Accusations of crime against humani ty, national treason or crime can be
leveled against the President by one th ird of the members of the House of
Representatives [ Wolesi Jirga].
(3) If two third of the H ouse 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 court.
(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.

Article 70 [Salary] (1) The salary and expenditures of t he President are regulated by law.
(2) After expiration of his term, the President is entit led to financial benefits of the
presidency for the rest of his life in accordance with the law exc ept in the case of
dismissal.

Chapter IV The Government

Article 71 [Ministers] (1) The government consists of the mi nisters who work under the Chairmanship
of the President.
(2) Ministers are appointed by the Presi dent and shall be introduced for approval
to the National Assembly.

Article 72 [Qualifications] 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 citizens hip of another country, the House of
Representatives [ Wolesi Jirga] shall have the right to conf irm 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.

Article 73 [Incompatibility] (1) The Ministers can be appointed fr om within and without the National
Assembly.
(2) If a member of the Na tional 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.

Article 74 [Oath of Office] Prior to taking office, the minister perfo rm the following oath in the presence of
the President:
“In the name of Allah, the merciful and compassionate:
I swear in the name of God Almighty to support the provisions of the sacred
religion of Islam, follow the Constitution and other laws of Afghanistan, protect
the rights of citizens, and safeguard the independence, territorial integrity and
national unity of Afghanistan, and consider God Almighty present in performing
all my responsibilities, and honestly perform the duties assigned to me.”

Article 75 [Duties of the Government] The government has the following duties.
— Execute the provision of this Constitu tion, 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 A ssembly 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.

Article 76 [Regulations] (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 contradict ory to the text and spirit of any law.

Article 77 [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.

Article 78 [Impeachment] If a Minister is accused of crime against humanity, national treason or criminal
act of a crime, the case s hall be referred to a special court in accordance with the
Article
134 of this constitution.

Article 79 [Emergency Legislation by Decree] (1) In cases of recess of t he House of Representatives [Wolesi Jirga ], the
government can adopt legisl ation 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 subm itted to the National Assembly in the
course of thirty days beginning from t he first session of the National Assembly.
(4) In case of rejection by the National Assembly, the legislations become void.

Article 80 [Restrictions] The Minister during the course of their work cannot use their posts for linguistic,
regional, ethnic, religion and partisan purposes.

Chapter V The National Assembly

Article 81 [National Assembly] (1) The National Assembly of the Isla mic Republic of Afghanistan as the highest
legislative organ is the mani festation 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 interest s of all people of Afghanistan at the time of casting
their vote.

Article 82 [Two Houses] (1) The National Assembly consists of two houses: House of Representatives
[ Wolesi Jirga ] (the House of People) and Senate [ Meshrano Jirga]. (House of
Elders).
(2) No one can become member of both houses simultaneously.

Article 83 [House of Representatives] (1) Members of the Hous e of Representatives [Wolesi Jirga ] are elected by the
people through free, general, secr et, 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 th e term of the House of
Representatives [ Wolesi Jirga].
(4) The number of members of th e House of Representatives [Wolesi Jirga],
proportionate to the populat ion of each region, shall be not more than two
hundred and fifty.
(5) Electoral constituency and other related issues shall be determine
d by
election laws.
(6) In the election law measures s hould 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.

Article 84 [Senate] (1) Members of the Senate [ Meshrano Jirga] are elected and appointed as
follows:
(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 an d impaired and two representatives from
the Kochis — appoints the remaining one-thir d 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.

Article 85 [Qualifications] (1) A person who is nominated or appoi nted as a member of the National
Assembly should have the following qualificat ions 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.

Article 86 [Independent Electoral Commission] Credentials of members of the National Assembly are reviewed by the
Independent Electoral Commission in accordance with law.

Article 87 [Chairperson] (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 se cretary and assistant secretary for a
period of one year.
(2) These individuals constitute the adm inistrative 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.

Article 88 [Commissions] Each house of the National Assembly se ts up commissions to study the topics
under discussion in accordance with its internal regulations.

Article 89 [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 memb ers put forward a proposal to inquire
about and study government actions.
(2) The composition and pr ocedure of this commission shall be specified by the
internal regulations of the House of Representatives [ Wolesi Jirga].

Article 90 [Powers of then National Assembly] The National Assembly has the following powers:
— Ratification, modification, or abrogati on 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 treati es and agreements, or abrogation of the
membership of Afghanistan to them.
— Other authorities specifi ed in this Constitution.

Article 91 [Powers of th e House of Representatives] House of Representatives [Wolesi Jirga ] has the following special powers:
— 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 st ate’s development programs and state
budget, in case of a disagreement bet ween the House of Representatives
[ Wolesi Jirga ] and the Senate [ Meshrano Jirga].
— Approval of the appointments according to the provisions of this constitution.

Article 92 [Inter pellation, Vote of No Confidence] (1) House of Representatives [ Wolesi Jirga], based on a proposal by one-tenth of
all members, can interpella te each of the Ministers.
(2) If the responses given are not sati sfactory, 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].

Article 93 [Questioning] (1) Any commission of both Houses of t he National Assembly can question each
of the Ministers about specific topics.
(2) The person questioned can provide verbal or written response.

Article 94 [Legislation, Veto, Qualified Vote] (1) Law is what both Houses of the Na tional 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 wi th a majority of two-thirds
votes, the bill is cons idered endorsed and enforced.

Article 95 [Initiatives] Proposal for the promulgation of a law c an 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.

Article 96 [Financial Affairs] Proposal for budget and financial affairs ar e initiated only by the government.

Article 97 [Form and Procedure] (1) Proposals for promulgation of law initiated by the governm ent 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 incl uded 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 th
e 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 wit hin a period of fifteen
days
(7) The National Assembly shall give priori ty to the promulgation of laws, treaties,
and development plans of t he government that require argent consideration and
decision as per the r equest 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 me mbers of the respective houses, it

can be admitted to the agenda of the respective houses.

Article 98 [Budget] (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 President.
(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 budget.
(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 quarte r 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 gi ving loan, the proposal will be considered
as approved.

Article 99 [Budget Debate] If, during a session of the Nationa l Assembly, the annual budget or a
developmental plan or an issue related to public security, territo rial integrity, and
the country’s independence is under discu ssion, the session of the assembly
cannot end before the appr oval of the matter.

Article 100 [Combined Committee] (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
disagreement.
(2) The decision of the committee is enfor ced after its approval by the President.
(3) In case the combined committee cannot solve the disagreement, the defeated
resolution is considered void. And, if t he 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 members.
(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.

Article 101 [Indemnity] No member of the National Assembly is legally prosecuted due to expressing his
views while performing his duty.

Article 102 [Immunity] (1) When a member of the National Assemb ly 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 prosecuti on requires detention of the accused, law
enforcement authorities are obligated to inform the respective house, about the
case immediately.
(4) If the accusation takes place when t he assembly is in recess, the permission
of arrest is obtained from the administrative board of the respective house and
the decision of this board is presented to the first session of the aforementioned
house for a decision.

Article 103 [Ministerial Participation] (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 Assemb ly can demand the participation of
Ministers to take part in its session.

Article 104 [Sessions] (1) Both houses of the National Assemb ly hold their sessions separately at the
same time.
(2) Under the following circumstance s, 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.

Article 105 [Publicity] (1) The sessions of the National Asse mbly 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.

Article 106 [Quorum] The quorum for sessions of each house of the National Assembly is a majo
rity of

its members, and its decisions are taken by majority of the members present,
unless this Constitution states otherwise.

Article 107 [Ordinary and Extraordinary Sessions] (1) The National Assembly convenes two ordinary sessions each year.
(2) The term of the National Assemb ly 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.

Article 108 [Death, Resignation, Dismissal] (1) In cases of death, resignation or di smissal 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 re st of the legislative period, in accordance with the
law.
(2) In the above-mentioned situati ons, a new member of the Senate [ Meshrano
Jirga ] shall be appointed in accordance with Article
87 of this Constitution.
(3) Matters involving th e presence or absence of members of the National
Assembly are regulated according to internal rules.

Article 109 [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 legi slative period.

Chapter VI Grand Council [ Loya Jirga]

Article 110 [Composition, Participation] (1) Grand Council [ Loya Jirga] is the highest manifestat ion 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.

Article 111 [Powers] Grand Council [ Loya Jirga] is convened in the following situations:
— To take decision on the issues relat ed to independence, national sovereignty,
territorial integrity, and supr eme interests of the country.
— To amend the provisions of this Constitution.
— To prosecute the President in acco rdance with the provisions of Article
69 of
this Constitution.

Article 112 [Chairperson] 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.

Article 113 [Quorum] (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 ex plicitly stated in this Constitution.

Article 114 [Publicity] Discussions of the Grand Council [ Loya Jirga] are open except when one–fourth
of its members demand their se crecy, and the Grand Council [Loya Jirga] accepts this demand.

Article 115 [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.

Chapter VII The Judiciary

Article 116 [Indpendence] (1) The judicial branch is an independent organ of the state of the Islamic
Republic of Afghanistan.
(2) The judicial branch consis ts of the Supreme Court (Stera Mahkama), High
Courts, Appeal Courts. Stru cture of authorities of which are determined by law.
(3) The Supreme Court as the highest judi cial organ, heads the judiciary organ of
the Islamic Republic of Afghanistan.

Article 117 [Supreme Court] (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:
(2) Three members are appointed for a peri od of four years, three members for
seven years and three members for ten years. Later appointments will be for a
period of ten years.
(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 fr om their service until the end of their
term, except circumstances stated in Article
127 of this Constitution.

Article 118 [Qualifications for the Supreme Court] A member of the Suprem e 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 standar ds and a reputation of good deeds.
— Shall not have been convicted of crim es 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.

Article 119 [Oath of Offi ce for the Supreme Court] Members of the Supreme Court take t he following oath in the presence of the
President before occupying the post:
“In the name Allah, the Merciful and the Compassionate
I swear in the name of God Almighty to support justice and righteousness in
accord with the provisions of the sacred religion of Islam and the provisions of
this Constitution and other laws of Af ghanistan, and to execute the duty of being
a judge with utmost honesty, righteousness and nonpartisanship.”

Article 120 [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 law.

Article 121 [Judi cial Review] The Supreme Court upon request of the Government or the Courts can review
compliance with the Constitution of laws , legislative decrees, international
treaties, and international conventions , and interpret them, in accordance with
the law.

Article 122 [Guaranteed Jurisdiction] (1) No law, under any circumstance, can tr ansfer 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 estab lishing special Courts stated in Articles
69 , 78 and 127 of this Constitution and military courts in matters relating to them.
(3) The structure and authority of t hese courts are regulated by law.

Article 123 [Judiciary] With observance of the provisions of this Constitution, the rules related to the
structure, authority, and performances of the courts, and the duties of judges are
regulated by law.

Article 124 [Judici al Administration]

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, dismissa l, promotion, pension,
rewards and punishments are regulated by the Supreme Court in accordance
with the law.

Article 125 [Judicial Budget] (1) The budget of the judicial branch is arranged in consultation with the
government by the Suprem e Court and presented to the National Assembly by
the government as part of the state budget.
(2) Implementation of the budget of the judicial branc h is the authority of the
Supreme Court.

Article 126 [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.

Article 127 [Judici al Impeachment] (1) When more than one-third of the memb ers 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 t he 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 fr om his post and the case is referred to a
special court.
(2) The setting up of the court and the pr ocedures of trial are regulated by law.

Article 128 [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.

Article 129 [Legal Reasoning, Capital Punishment] (1) The court is obliged to state th e 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.

Article 130 [Judi cial Discretion] (1) While processing the cases, the c ourts apply the provisions of this
Constitution and other laws.
(2) When there is no provision in the Cons titution or other laws regarding ruling
on an issue, the courts’ decisions shall be wi thin the limits of this Constitution in
accord with the Hanafi jurisprudence and in a way to serve justice in the best
possible manner.

Article 131 [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.

Article 132 [Appointment of Judges] (1) Judges are appointed with the reco mmendation of the Supreme Court and
approval of the President.
(2) The appointment, transfer, promoti on, punishment, and proposals to retire
judges are within the authorit y 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 bette r arrangement of the administration and
judicial affairs and insuring the required improvements.

Article 133 [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 President.
(3) After the Presidential approval, the a ccused judge is dismissed from duty, and
punished in accordance with the provisions of the law.

Article 134 [Attorney’s Office] (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 the
law.
(2) The Attorney’s Office is part the Ex ecutive 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.

Article 135 [Trial Language] If parties involved in a case do not k now the language in which the trial is
conducted, they have the ri ght to understand the materi al and documents related
to the case through an interpreter and the ri ght to speak in their mother language
in the court.

Chapter VIII The Administration

Article 136 [Principles] (1) The Administration of Islamic Republic of Afghanistan shall be based on
central and local administrative uni ts 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 structur es of the provinces and the related
administrations are regulated by law on the basis of population, social and
economic conditions, and geographic location.

Article 137 [Decentralization] The government, while preserving the prin ciple of centralism, shall — in
accordance with the law — delegate certain authorities to local administration
units for the purpose of expediting and prom oting economic, social, and cultural
affairs, and increasing the participati on of people in the development of the
nation.

Article 138 [Provincial Council] (1) In every province a provincial council is to be formed.
(2) Members of the provinci al 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 y ears in accordance with the law.
(3) The provincial council elects one of its members as Chairman.

Article 139 [Development Targets] (1) The provincial council takes part in securing the developmental targets of the
state and improving its affa irs 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 dut ies in cooperation with the provincial
administration.

Article 140 [District and Village Councils] (1) In order to organize activities in volving people and provide them with the
opportunity to actively participate in the local administration, councils are set up
in districts and villages in accordanc e with the provisions of the law.
(2) Members of these councils are elec ted 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.

Article 141 [Municipalities] (1) Municipalities shall be set up in or der 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 muni cipalities are regulated by law.

Article 142 [Administrative Departments] For the purpose of the implementation of the provisions, and ensuring the values
of this constitution, the state s hall establish the required departments.

Chapter IX The State of Emergency

Article 143 [Declaration] (1) If due to war, threat of war, serious rebellion, natural disasters, or situations
similar to these protecting the ind ependence or nation’s survival becomes
impossible by following the provision of this Constitution, the President in
confirmation of National Assembly shall dec lare a state of emergency in some or
all parts of the country.
(2) If the state of emer gency continues for more t han two months, the agreement
of National Assembly is r equired for its extension.

Article 144 [Government Authority] During the state of emergency, the President, with the consultations of heads of
the National Assembly, and Chief Justice can transfer some authorities of the
National Assembly to the government.

Article 145 [Suspended Provisions] During the state of emergency, the President with the consent of the heads of the
National Assembly and the Supreme C ourt, can suspend the validity of the
following Articles or can pl ace restrictions on them:
1. Paragraph two of Article
27 .
2. Article
36 .
3. Paragraph two of Article
37 .
4. Paragraph two of Article
38 .

Article 146 [Prohibition of Constitutional Amendments] During the state of emergency, th e Constitution cannot be amended.

Article 147 [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 emer gency 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

Article 148 [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.

Chapter X Amendments

Article 149 [Islam, Fundamental Rights] (1) The provisions of adherence to the fundamentals of the sacred religion of
Islam and the regime of the Is lamic Republic cannot be amended.
(2) The amendment of the fundamental right s of the people are permitted only in
order to make them more effective.
(3) Considering new experiences and require ments 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 a ccordance with the provisions of Article
67
and
146 of this constitution.

Article 150 [Drafting Commission, Grand Council] (1) In order to implement proposals regar ding the amendment of the Constitution,
a Commission composed of members of the Government, National Assembly,
and the Supreme Court, shall be establis hed by a Presidential decree, and the
commission shall prepare a draft of the amendments.
(2) For approval of the am endments, 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 me mbers, it shall be enforc ed after endorsement by the
President.

Chapter XI Miscellaneous Provisions

Article 151 [Economic Incompatibility] (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 fulfilli ng personal needs are exception to this
provision.

Article 152 [Official Incompatibility] The President, Vice President, minist ers, heads and members of the National
Assembly, the Supreme Court, and judges , cannot undertake other jobs during
their terms of office.

Article 153 [Party Incompatibility]

Judges, Attorneys, and Officers of the Armed Forces and Police, and members
of the National Security, cannot be members of political parties during their terms
of office.

Article 154 [Economic Transparency] Property of the President, Vice President s, ministers, members of the Supreme
Court and the Attorney General before and after their term of office would be
registered and monitored by an organ to be set by law.

Article 155 [Salaries and Remuneration] For the ministers, mem bers of the National Asse mbly, the Supreme Court,
Attorney General and judges, appropriate salaries shall be paid in accordance
with the provisio ns of law.

Article 156 [Election and Referendum] The Independent Electoral Commission wi ll be established to organise and
supervise any election and to hold a refe rendum within the country based on the
provisions of the law.

Article 157 [Implementat ion of the Constitution] The Independent Commission for the Supervi sion of the Implementation of the
Constitution will be established by law. Members of this Commission will be
appointed by the President.

Chapter XII Transitional Provisions

Article 158 [Father of the Nation] The Title of the Father of the Nation and the privile ges 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.

Article 159 [Transitional Period] (1) The period, following the adoption of this Constitution, until the date of
inauguration of the Nati onal Assembly, is deemed as a transitional period.
(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 t he structure and authorities of the courts and basic
administration structur es within one year.
— Establish an Independent Electoral Commission.
— Implement the reform of t he executive and judiciary.
— Adopt necessary measur es for preparing the ground for enforcement of the

provisions of this Constitution.

Article 160 [Presidential Election] (1) The first elected President takes up hi s or her duties within thirty days after
the result of the election has been proclaimed, in accordance with this
constitution.
(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 Nati onal 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.

Article 161 [Establishing Institutions] (1) The National Assembly shall exerci se its powers immediately after its
establishment in accordance with this constitution.
(2) The Government, and the Supreme Cour t shall be established within thirty
days after the first session of the House of Representatives [Wolesi Jirga ] is
taken place.
(3) The President of the Transitional Is lamic 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 Govern ment and the Supreme Court.
(5) The decrees enforced fr om the beginning of the interim period, shall be
submitted to the first session of the National Assembly. These decrees are
enforceable until annulment by the National Assembly.

Article 162 [Entry Into Force] (1) This constitution enters into forc e upon its approval by the Grand Council
[ Loya Jirga ], and will be signed and proclaimed by the President of the
Transitional Islamic St ate of Afghanistan.
(2) Upon its enforcement, laws and decrees contrary to the provisions of this
constitution are void.
© 1994 – 17. Feb. 2004 / For corrections please contact A. Tschentscher .