Title Constitution of the Republic of Turkey
Publisher National Legislative Bodies
Country Turkey
Publication
Date 7 November 1982
Reference
TUR-010
Cite as Constitution of the Republic of Turkey [Turkey], 7 November
1982, available at:
https://www.unhcr.org/refworld/docid/3ae6b5be0.html [accessed
15 January 2010] Comments This is the official consolidated translation. The Constitution was
published as Law No. 2709 dated 7 November 1982. Th e
Amendment included is: Law No. 3361 dated 17 May 19 87.

Constitution of the Republic of Turkey
PREAMBLE
Following the operation carried out on 12 September 1980 by the Turkish
Armed Forces in response to a call from the Turkish Nation, of which they
form an inseparable part, at a time when the approa ch of a separatist,
destructive and bloody civil war unprecedented in the Republican era
threatened the integrity of the eternal Turkish Nation and motherland and
the existence of the sacred Turkish State.
This CONSTITUTION was prepared by the Consultative Assembly, given final
form by the Council of National Security, which are the legitimate
representatives of the Turkish Nation, and adopted, approved and directly
enacted by the Turkish Nation,
And is entrusted for safekeeping by the Turkish Nation to the patriotism of
its democracy-loving sons and daughters, in order that it may be understood
to embody the IDEAS, BELIEFS and RESOLUTIONS set fo rth below and be
interpreted and implemented accordingly, commanding respect for, and
absolute loyalty to, its letter and spirit:
The direction of the concept of nationalism as outlined by Ataturk, the
founder of the Republic of Turkey, its immortal leader and unrivalled hero;
and in line with the reforms and principles introduced by him;

The determination to safeguard the everlasting existence, prosperity and
material and spiritual well-being of the Republic of Turkey, and to ensure
that it attains the standards of contemporary civilisation, as a full and
honourable member of the world family of nations;
Recognition of the absolute supremacy of the will of the nation, and of the
fact that sovereignty is vested fully and unconditionally in the Turkish
Nation and that no individual or body empowered to exercise it on behalf of
the nation shall deviate from democracy based on freedom, as set forth in
the Constitution and the rule of law instituted according to its requirements;
The understanding that separation of powers does n ot imply an order of
precedence among the organs of State, but reflects a civilised division of
labour and mode of cooperation restricted to the exercise of specific State
powers, and that supremacy is vested solely in the Constitution and the laws;
The determination that no protection shall be affo rded to thoughts or
opinions contrary to Turkish National interests, the principle of the
existence of Turkey as an indivisible entity with its State and territory,
Turkish historical and moral values, or the nationa lism, principles, reforms
and modernism of Ataturk, and that as required by t he principle of
secularism, there shall be no interference whatsoever of sacred religious
feelings in State affairs and politics;
The understanding that it is the birthright of every Turkish citizen to lead
an honourable life and develop his material and spi ritual resources under
the aegis of national culture, civilisation and the rule of law, through the
exercise of the fundamental rights and freedoms set forth in this
Constitution, in conformity with the requirements of equality and social
justice;
The recognition that all Turkish citizens are united in national honour and
pride, in national joy and grief, in their rights and duties towards their
existence as a nation, in blessings and in burdens, and in every
manifestation of national life, and that they have the right to demand a
peaceful life based on absolute respect for one ano ther’s rights and
freedoms, mutual love and fellowship, and the desir e for, and belief, in
“Peace at home, peace in the world.”
PART ONE GENERAL PRINCIPLES
I.Form of the State
ARTICLE 1.

The Turkish State is a Republic.
II.Characteristics of the Republic
ARTICLE 2.
The Republic of Turkey is a democratic, secular and social State governed
by the rule of law; bearing in mind the concepts of public peace, national
solidarity and justice; respecting human rights; loyal to the nationalism of
Ataturk, and based on the fundamental tenets set fo rth in the Preamble.
III.Integrity of the State, Official Language, Flag, National Anthem, and
Capital
ARTICLE 3.
The Turkish State, with its territory and nation, in an indivisible entity. Its
language is Turkish.
Its flag, the form of which is prescribed by the re levant law, is composed of
a white crescent and star on a red background.
Its national anthem is the “Independence March.”
Its capital is Ankara.
IV.Irrevocable Provisions
ARTICLE 4.
The provision of Article 1 of the Constitution esta blishing the form of the
State as a Republic, the provisions in Article 2 on the characteristics of the
Republic, and the provision of Article 3 shall not be amended, nor shall their
amendment be proposed.
V.Fundamental Aims and Duties of the State
ARTICLE 5.
The fundamental aims and duties of the State are: t o safeguard the
independence and integrity of the Turkish Nation, the indivisibility of the
country, the Republic and democracy; to ensure the welfare, peace, and
happiness of the individual and society; to strive for the removal of political,
social and economic obstacles which restrict the fu ndamental rights and
freedoms of the individual in a manner incompatible with the principles of
justice and of the social State governed by the rule of law; and to provide

the conditions required for the development of the individual’s material and
spiritual existence.
VI.Sovereignty
ARTICLE 6.
Sovereignty is vested in the nation without reservation or condition.
The Turkish Nation shall exercise its sovereignty through the authorised
organs as prescribed by the principles laid down in the Constitution.
The right to exercise sovereignty shall not be delegated to any individual,
group or class. No person or agency shall exercise any State authority which
does not emanate from the Constitution.
VII.Legislative Power
ARTICLE 7.
Legislative power is vested in the Turkish Grand Na tional Assembly on behalf
of the Turkish Nation. This power cannot be delegat ed.
VIII.Executive Power and Function
ARTICLE 8.
Executive power and function shall be exercised and carried out by the
President of the Republic and the Council of Ministers in conformity with the
Constitution and the laws.
IX.Judicial Power
ARTICLE 9.
Judicial power shall be exercised by independent co urts on behalf of the
Turkish Nation.
X.Equality before Law
ARTICLE 10.
All individuals are equal without any discrimination before the law,
irrespective of language, race, colour, sex, political opinion, philosophical
belief, religion and sect, or any such consideratio ns.
No privilege shall be granted to any individual, family, group or class.

State organs and administrative authorities shall act in compliance with the
principle of equality before the law in all their proceedings.
XI.Supremacy and Binding Force of the Constitution
ARTICLE 11.
The provisions of the Constitution are fundamental legal rules binding upon
legislative, executive and judicial organs, and administrative authorities and
other agencies and individuals.
Laws shall not be in conflict with the Constitution.
PART TWO FUNDAMENTAL RIGHTS AND DUTIES
CHAPTER ONE GENERAL PROVISIONS
I.Nature of Fundamental Rights and Freedoms
ARTICLE 12.
Everyone possesses inherent fundamental rights and freedoms which are
inviolable and inalienable.
The fundamental rights and freedoms also include th e duties and
responsibilities of the individual towards society, his family, and other
individuals.
II.Restriction of Fundamental Rights and Freedoms
ARTICLE 13.
Fundamental rights and freedoms may be restricted b y law, in conformity
with the letter and spirit of the Constitution, with the aim of safeguarding
the indivisible integrity of the State with its territory and nation, national
sovereignty, the Republic, national security, publi c order, general peace,
the public interest, public morals and public healt h, and also for specific
reasons set forth in the relevant articles of the Constitution.
General and specific grounds for restrictions of fu ndamental rights and
freedoms shall not conflict with the requirements o f the democratic order
of society and shall not be imposed for any purpose other than those for
which they are prescribed.
The general grounds for restriction set forth in this article shall apply for all
fundamental rights and freedoms.
III.Prohibition of Abuse of Fundamental Rights and Free doms

ARTICLE 14.
None of the rights and freedoms embodied in the Constitution shall be
exercised with the aim of violating the indivisible integrity of the State with
its territory and nation, of endangering the existe nce of the Turkish State
and Republic, of destroying fundamental rights and freedoms, of placing the
government of the State under the control of an ind ividual or a group of
people, or establishing the hegemony of one social class over others, or
creating discrimination on the basis of language, race, religion or sect, or of
establishing by any other means a system of governm ent based on these
concepts and ideas.
The sanctions to be applied against those who violate these prohibitions,
and those who incite and provoke others to the same end shall be
determined by law.
No provision of this Constitution shall be interpreted in a manner that would
grant the right of destroying the rights and freedo ms embodied in the
Constitution.
IV.Suspension of the Exercise of Fundamental Rights and Freedoms
ARTICLE 15.
In times of war, mobilisation, martial law, or state of emergency the
exercise of fundamental rights and freedoms can be partially or entirely
suspended, or measures may be taken, to the extent required by the
exigencies of the situation, which derogate the guarantees embodied in the
Constitution, provided that obligations under international law are not
violated.
Even under the circumstances indicated in the first paragraph, the
individual’s right to life, and the integrity of his material and spiritual entity
shall be inviolable except where death occurs throu gh lawful acts of warfare
and execution of death sentences; no one may be com pelled to reveal his
religion, conscience, thought or opinion, nor be accused on account of them;
offences and penalties may not be made retroactive, nor may anyone be
held guilty until so proven by a court judgement.
V.Status of Aliens
ARTICLE 16.
The fundamental rights and freedoms of aliens may b e restricted by law in a
manner consistent with international law.

CHAPTER TWO THE RIGHTS AND DUTIES OF THE INDIVIDUAL
I.Personal Inviolability, Material and Spiritual Entity of the Individual
ARTICLE 17.
Everyone has the right to life and the right to protect and develop his
material and spiritual entity.
The physical integrity of the individual shall not be violated except under
medical necessity and in cases prescribed by law; h e shall not be subject to
scientific or medical experiments without his consent.
No one shall be subjected to torture or ill-treatment; no one shall be
subjected to penalty or treatment incompatible with human dignity.
The cases of carrying out of death penalties under court sentences, the act
of killing in self-defense, the occurrences of death as a result of the use of a
weapon permitted by law as a necessary measure in c ases of: apprehension,
or the execution of warrants of arrest, the prevention of escape of lawfully
arrested or convicted persons, the quelling of a riot or insurrection, the
execution of the orders of authorized bodies during martial law or state of
emergency are outside of the provision of paragraph 1.
II.Prohibition of Forced Labour
ARTICLE 18.
No one shall be required to perform forced labour. Unpaid compulsory work
is prohibited.
The term forced labour does not include work requir ed of an individual
while serving a court sentence or under detention services required from
citizens during a state of emergency, and physical or intellectual work
necessitated by the requirements of the country as a civic obligation,
provided that the form and conditions of such labou r are prescribed by law.
III.Personal Liberty and Security
ARTICLE 19.
Everyone has the right to liberty and security of person.
No one shall be deprived of his liberty except in the following cases where
procedure and conditions are prescribed by law: exe cution of sentences
restricting liberty and the implementation of security measures decided by
courts, apprehension or detention of a person as a result of a court order or

as a result of an obligation upon him designated by law; execution of an
order for the purpose of the educational supervision of a minor or for
bringing him before the competent authority; execut ion of measures taken
in conformity with the relevant legal provision for the treatment, education
or correction in institutions of a person of unsound mind, an alcoholic or
drug addict or vagrant or a person spreading contag ious diseases, when such
persons constitute a danger to the public; apprehen sion or detention of a
person who enters or attempts to enter illegally into the country or
concerning whom a deportation or extradition order has been issued.
Individuals against whom there are strong indications of having committed
an offence can be arrested by decision of judge solely for the purposes of
preventing escape, or preventing the destruction or alteration of evidence
as well as in similar other circumstances which necessitate detention and
are prescribed by law. Apprehension of a person wit hout a decision by a
judge shall be resorted to only in cases when a person is caught in the act of
committing an offence or in cases where delay is likely to thwart justice;
the conditions for such apprehension shall be defin ed by law.
Individuals arrested or detained shall be promptly notified, and in all cases
in writing, or orally, when the former is not possible, of the grounds for
their arrest or detention and the charges against t hem; in cases of offences
committed collectively this notification shall be m ade, at the latest, before
the individual is brought before the judge.
The person arrested or detained shall be brought be fore a judge within
fourty-eight hours and within fifteen days in the case of offences committed
collectively, excluding the time taken to send him to the court nearest to
the place of seizure. No one can be deprived of his liberty without the
decision of a judge after the expiry of the above specified periods. These
periods may be extended during a state of emergency , under martial law or
in time of war.
Notification of the situation of the person arrested or detained shall be
made to the next of kin, except in cases of definit e necessities pertaining to
the risks of revealing the scope and subject of the investigation compelling
otherwise.
Persons under detention shall have the right to req uest to be tried with a
reasonable time or to be released during investigat ion or prosecution.
Release may be made conditional on the presentation of an appropriate

guarantee with a view to securing the presence of the person at the trial
proceedings and the execution of the court sentence .
Persons deprived of their liberty under any circumstances are entitled to
apply to the appropriate judicial authority for speedy conclusion of
proceedings regarding their situation and for their release if the restriction
placed upon them is not lawful.
Damages suffered by persons subjected to treatment contrary to the above
provisions shall be compensated for according to law, by the State.
IV.Privacy and Protection of Private Life
A.Privacy of the Individual’s Life
ARTICLE 20.
Everyone has the right to demand respect for his pr ivate and family life.
Privacy of individual and family life cannot be violated. Exceptions
necessitated by judiciary investigation and prosecu tion are reserved.
Unless there exists a decision duly passed by a judge in cases explicitly
defined by law, and unless there exists an order of an agency authorised by
law in cases where delay is deemed prejudicial, nei ther the person nor the
private papers, nor belongings of an individual shall be searched nor shall
they be seized.
B.Inviolability of Domicile
ARTICLE 21.
The domicile of an individual shall not be violated. Unless there exists a
decision duly passed by a judge in cases explicitly defined by law, and
unless there exists an order of an agency authorise d by law in cases where
delay is deemed prejudicial, no domicile may be ent ered or searched, or
the property therein seized.
C.Freedom of Communication
ARTICLE 22.
Everyone has the right to freedom of communication.
Secrecy of communication is fundamental.
Communication shall not be impeded nor its secrecy be violated, unless
there exists a decision duly passed by a judge in cases explicitly defined by

law, and unless there exists an order of an agency authorised by law in
cases where delay is deemed prejudicial.
Public establishments or institutions where excepti ons to the above may be
applied will be defined by law.
V.Freedom of Residence and Movement
ARTICLE 23.
Everyone has the right to freedom of residence and movement.
Freedom of residence may be restricted by law for t he purpose of
preventing offences, promoting social and economic development, ensuring
sound and orderly urban growth, and protecting public property; freedom of
movement may be restricted by law for the purpose o f investigation and
prosecution of an offence, and prevention of offences. A citizen’s freedom
to leave the country may be restricted on account o f the national economic
situation, civic obligations, or criminal investigation or prosecution.
Citizens may not be deported, or deprived of their right of entry into their
homeland.
VI.Freedom of Religion and Conscience
ARTICLE 24.
Everyone has the right to freedom of conscience, re ligious belief and
conviction.
Acts of worship, religious services, and ceremonies shall be conducted freely,
provided that they do not violate the provisions of Article 14.
No one shall be compelled to worship, or to partici pate in religious
ceremonies and rites, to reveal religious beliefs and convictions, or be
blamed or accused because of his religious beliefs and convictions.
Education and instruction in religion and ethics shall be conducted under
State supervision and control. Instruction in religious culture and moral
education shall be compulsory in the curricula of p rimary and secondary
schools. Other religious education and instruction shall be subjected to the
individual’s own desire, and in the case of minors, to the request of their
legal representatives.

No one shall be allowed to exploit or abuse religion or religious feelings, or
things held sacred by religion, in any manner whats oever, for the purpose of
personal or political influence, or for even partially basing the fundamental,
social, economic, political, and legal order of the State on religious tenets.
VII.Freedom of Thought and Opinion
ARTICLE 25.
Everyone has the right to freedom of thought and op inion.
No one shall be compelled to reveal his thoughts and opinions for any reason
or purpose; nor shall any one be blamed or accused on account of his
thought and opinions.
VIII.Freedom of Expression and Dissemination of Thought
ARTICLE 26.
Everyone has the right to express and disseminate his thought and opinion
by speech, in writing or in pictures or through other media, individually or
collectively. This right includes the freedom to receive and impart
information and ideas without interference from off icial authorities. This
provision shall not preclude subjecting transmission by radio, television,
cinema, and similar means to a system of licencing.
The exercise of these freedoms may be restricted fo r the purposes of
preventing crime, punishing offenders, withholding information duly
classified as a State secret, protecting the reputation and rights and the
private and family life of others, or protecting professional secrets as
prescribed by law, or ensuring the proper functioni ng of the judiciary.
No language prohibited by law shall be used in the expression and
dissemination of thought. Any written or printed do cuments, phonograph
records, magnetic or video tapes, and other means o f expression used in
contravention of this provision shall be seized by a duly issued decision of a
judge or, in cases where delay is deemed prejudicia l, by the competent
authority designated by law. The authority issuing the seizure order shall
notify the competent judge of its decision within twenty-four hours. The
judge shall decide on the matter within three days.
Provisions regulating the use of means of disseminating information and
ideas shall not be interpreted as a restriction of the freedom of expression
and dissemination unless they prevent the dissemina tion of information and
thoughts.

IX.Freedom of Science and Arts
ARTICLE 27.
Everyone has the right to study and teach freely, explain, and disseminate
science and arts and to carry out research in these fields.
The right to disseminate shall not be exercised for the purpose of changing
the provisions of Articles 1, 2 and 3 of this Constitution.
The provisions of this article shall not preclude r egulation by law of the
entry and distribution of foreign publications in t he country.
X.Provisions Relating to the Press and Publication
A.Freedom of the Press
ARTICLE 28.
The press is free, and shall not be censored. The e stablishment of a printing
house shall not be subject to prior permission and to the deposit of a
financial guarantee.
Publication shall not be made in any language prohi bited by law.
The State shall take the necessary measures to ensu re the freedom of the
press and freedom of information.
In the limitation of freedom of the press, Articles 26 and 27 of the
Constitution are applicable.
Anyone who writes or prints any news or articles wh ich threaten the internal
or external security of the State or the indivisible integrity of the State with
its territory and nation, which tend to incite offe nce, riot or insurrection, or
which refer to classified State secrets and anyone who prints or transmits
such news or articles to others for the above purpo ses, shall be held
responsible under the law relevant to these offence s. Distribution may be
suspended as a preventive measure by a decision of judge, or in the event
delay is deemed prejudicial, by the competent autho rity designated by law.
The authority suspending distribution shall notify the competent judge of its
decision within twenty-four hours at the latest. Th e order suspending
distribution shall become null and void unless uphe ld by the competent
judge within forty-eight hours at the latest.

No ban shall be placed on the reporting of events, except by a decision of
judge issued to ensure proper functioning of the ju diciary, within the limits
to be specified by law.
Periodical and nonperiodical publications may be se ized by a decision of
judge in cases of ongoing investigation or prosecution of offences prescribed
by law; and, in situations where delay could endang er the indivisible
integrity of the State with its territory and nation, national security, public
order or public morals and for the prevention of of fence by order of the
competent authority designated by law. The authorit y issuing the seizure
order shall notify the competent judge of its decision within twenty-four
hours at the latest. The seizure order shall become null and void unless
upheld by the competent court within forty-eights h ours at the latest.
The general common provisions shall apply when seiz ure and confiscation of
periodicals and nonperiodicals for reasons of criminal investigation and
prosecution take place.
Periodicals published in Turkey may be temporarily suspended by court
sentence if found guilty of publishing material which contravenes the
indivisible integrity of the state with its territory and nation, the
fundamental principles of the Republic, national se curity and public morals.
Any publication which clearly bears the characteristics of being the
continuation of the suspended periodical is prohibited; and shall be seized
by a decision of judge.
B.Right to Publish Periodicals and Nonperiodicals
ARTICLE 29.
Publication of periodicals or nonperiodicals shall not be subject to prior
authorisation or to the deposit of a financial guar antee.
To publish a periodical it shall suffice to submit the information and
documents prescribed by law to the competent author ity designated by law.
If the information and documents submitted are found to be in
contravention of law, the competent authority shall apply to the
appropriate court for suspension of publication.
The publication of periodicals, the conditions of publication, the financial
resources and rules relevant to the profession of journalism shall be
regulated by law. The law shall not impose any poli tical, economic,
financial, and technical conditions obstructing or making difficult the free
dissemination of news, thought, or beliefs.

Periodicals shall have equal access to the means and facilities of the State,
other public corporate bodies, and their agencies.
C. Protection of Printing Facilities
ARTICLE 30.
A printing press or its annexes duly established as a publishing house under
law shall not be seized, confiscated, or barred fro m operation on the
grounds of being an instrument of crime, except in cases where it is
convicted of offences against the indivisible integrity of the State with its
territory and nation, against the fundamental princ iples of the Republic or
against national security.
D.Right to Use Mass Media Other Than the Press Which Are Owned by
Public Corporations
ARTICLE 31.
Individuals and political parties have the right to use mass media and means
of communication other than the press owned by publ ic corporations. The
conditions and procedures for such use shall be regulated by law.
The law shall not impose restrictions preventing the public from receiving
information or forming ideas and opinions through t hese media, or
preventing public opinion from being freely formed, on grounds other than
the general restrictions set forth in Article 13.
E.Right of Rectification and Reply
ARTICLE 32.
The right of rectification and reply shall be accorded only in cases where
personal reputation and honour is attacked or in ca ses of unfounded
allegation and shall be regulated by law.
If a rectification or reply is not published, the judge will decide, within
seven days of appeal by the individual involved, wh ether this publication is
required.
XI. Rights and Freedoms of Assembly
A.Freedom of Association
ARTICLE 33.
Everyone has the right to form associations without prior permission.

Submitting the information and documents stipulated by law to the
competent authority designated by law shall suffice to enable an association
to be formed. If the information and documents subm itted are found to
contravene the law, the competent authority shall apply to the appropriate
court for the suspension of activities or dissolution of the association
involved.
No one shall be compelled to become or remain a mem ber of an association.
The formalities, conditions, and procedures governing the exercise of
freedom of association shall be prescribed by law.
Associations shall not contravene the general grounds of restriction in
Article 13, nor shall they pursue political aims, engage in political activities,
receive support from or give support to political p arties, or take joint action
with labour unions, with public professional organi sations or with
foundations.
Associations deviating from their original aims or conditions of
establishment, or failing to fulfill the obligations stipulated by law shall be
considered dissolved.
Associations may be dissolved by decision of judge in cases prescribed by
law. They may be suspended from activity by the com petent authority
designated by law pending a court decision in cases where delay endangers
the indivisible integrity of the State with its territory and nation, national
security or sovereignty, public order, the protecti on of the rights and
freedoms of others, or the prevention of crime.
Provisions of the first paragraph of this article shall not prevent imposition
of restrictions on the rights of Armed Forces and S ecurity Forces officials
and civil servants to form associations, or the prohibition of the exercise of
this right.
This article shall apply equally to foundations and other organisations of the
same nature.
B.Right to Hold Meetings and Demonstration Marches
ARTICLE 34.
Everyone has the right to hold unarmed and peaceful meetings and
demonstration marches without prior permission.

The competent administrative authority may determine a site and route for
the demonstration march in order to prevent disruption of order in urban
life.
The formalities, conditions, and procedures governing the exercise of the
right to hold meetings and demonstration marches sh all be prescribed by
law.
The competent authority designated by law may prohi bit a particular
meeting and demonstration march, or postpone it for not more than two
months in situations where there is a strong possibility that disturbances
may arise which would seriously upset public order, where the requirement
of national security may be violated, or where acts aimed at destroying the
fundamental characteristics of the Republic may be committed. In cases
where the law forbids all meetings or demonstration marches in districts of
a province for the same reasons, the postponement m ay not exceed three
months.
Associations, foundations, labour unions, and public professional
organisations shall not hold meetings or demonstrat ion marches exceeding
their own scope and aims.
XII.Right of Property
ARTICLE 35.
Everyone has the right to own and inherit property.
These rights may be limited by law only in view of public interest.
The exercise of the right to own property shall not be in contravention of
the public interest.
XIII.Provisions Relating to the Protection of Rights
A.Freedom to Claim Rights
ARTICLE 36.
Everyone has the right of litigation either as plaintiff or defendant before
the courts through lawful means and procedure.
No court shall refuse to hear a case within its jur isdiction.
B.Guarantee of Lawful Judge
ARTICLE 37.

No one may be tried by any judicial authority other than the legally
designated court.
Extraordinary tribunals with jurisdiction that would in effect remove a
person from the jurisdiction of his legally designated court shall not be
established.
C.Principles Relating to Offences and Penalties
ARTICLE 38.
No one shall be punished for any act which did not constitute a criminal
offence under the law in force at the time it was committed; no one shall
be given a heavier penalty for an offence than the penalty applicable at the
time when the offence was committed.
The provisions of the above paragraph shall also ap ply to the statute of
limitations on offences and penalties and on the results of conviction.
Penalties, and security measures in lieu of penalties, shall be prescribed
only by law.
No one shall be held guilty until proven guilty in a court of law.
No one shall be compelled to make a statement that would incriminate
himself or his legal next of kin, or to present such incriminating evidence.
Criminal responsibility shall be personal.
General confiscation shall not be imposed as penalt y.
The Administration shall not impose any sanction re sulting in restriction of
personal liberty. Exceptions to this provision may be introduced by law
regarding internal order of the Armed Forces.
No citizen shall be extradited to a foreign country on account of an offence.
XIV.Right to Prove an Allegation
ARTICLE 39.
In libel and defamation suits involving allegations against persons in the
public service in connection with their functions o r services, the defendant
has the right to prove the allegations. A plea for presenting proof shall not
be granted in any other case unless proof would ser ve the public interest or
unless the plaintiff consents.

XV.Protection of Fundamental Rights and Freedoms
ARTICLE 40.
Everyone whose constitutional rights and freedoms are violated has the right
to request prompt access to the competent authoriti es.
Damages incurred by any person through unlawful tre atment by holders of
public office shall be compensated by the State. The State reserves the
right of recourse to the official responsible.
CHAPTER THREE SOCIAL AND ECONOMIC RIGHTS AND DUTIES
I.Protection of the Family
ARTICLE 41.
The family is the foundation of Turkish society.
The State shall take the necessary measures and establish the necessary
organisation to ensure the peace and welfare of the family, especially the
protection of the mother and children, and for family planning education
and application.
II.Right and Duty of Training and Education
ARTICLE 42.
No one shall be deprived of the right of learning and education.
The scope of the right to education shall be define d and regulated by law.
Training and education shall be conducted along the lines of the principles
and reforms of Ataturk, on the basis of contemporary science and education
methods, under the supervision and control of the State. Institutions of
training and education contravening these provisions shall not be
established.
The freedom of training and education does not reli eve the individual from
loyalty to the Constitution.
Primary education is compulsory for all citizens of both sexes and is free of
charge in state schools.
The principles governing the functioning of private primary and secondary
schools shall be regulated by law in keeping with the standards set for state
schools.

The State shall provide scholarships and other means of assistance to enable
students of merit lacking financial means to continue their education. The
State shall take necessary measures to rehabilitate those in need of special
training so as to render such people useful to society.
Training, education, research, and study are the on ly activities that shall be
pursued at institutions of training and education. These activities shall not
be obstructed in any way.
No language other than Turkish shall be taught as m other tongue to Turkish
citizens at any institutions of training or education. Foreign languages to be
taught in institutions of training and education an d the rules to be followed
by schools conducting training and education in a f oreign language shall be
determined by law. The provisions of international treaties are reserved.
III.Public Interest
A.Utilization of the Coasts
ARTICLE 43.
The coasts are under the sovereignty and at the disposal of the State.
In the utilisation of the sea coast, lake shores or river banks, and of the
coastal strip along the sea and lakes, public inter est shall be taken into
consideration with priority.
The width of coasts, and coastal strips to be deter mined according to the
purpose of utilization, and the conditions and poss ibilities of such utilization
by individuals shall be determined by law.
B. Land Ownership
ARTICLE 44.
The State shall take the necessary measures to main tain and develop
efficient land cultivation, to prevent its loss through erosion, and to provide
land to farmers with insufficient land of their own , or no land. For this
purpose, the law may define the size of appropriate land units, according to
different agricultural regions and types of farming. Providing of land to
farmers with no or insufficient land shall not lead to a fall in production, or
to the depletion of forests and other land and unde rground resources.
Lands distributed for this purpose shall neither be divided nor be transferred
to others, except through inheritance, and shall be cultivated only by
farmers, to whom they have been distributed, and th eir heirs. The

principles relating to the recovery by the State of the land thus distributed
in the event of loss of these conditions shall be prescribed by law.
C.Protection of Agriculture, Animal Husbandry, and Pers ons Engaged in
These Activities
ARTICLE 45.
The State shall assist farmers and livestock breeders in acquiring machinery,
equipment and other inputs in order to prevent impr oper use and
destruction of agricultural land, meadows and pastures and to increase crop
and livestock production in accordance with the principles of agricultural
planning.
The State shall take necessary measures to promote the values of crop and
livestock products, and to enable producers to be paid their real value.
D.Expropriation
ARTICLE 46.
The State and public corporations shall be entitled, where the public
interest requires it, to expropriate privately owned real estate wholly or in
part or impose administrative servitude on it in ac cordance with the
principles and procedures prescribed by law, provid ed that compensation is
paid in advance.
The method and procedure for calculating compensati on for expropriation
shall be prescribed by law. In determining the compensation, the law shall
take into account tax declarations, current value established by official
assessment at the time of expropriation, unit price s and construction costs
for real estate, and other objective criteria.
The procedure for taxing and difference between the sum due in
compensation and the value declared in the tax declaration shall be
prescribed by law.
Compensation shall be paid in cash and in advance. However, the procedure
to be applied in paying compensation for land expro priated in order to carry
out land reform, major energy and irrigation projects, and housing and
resettlement schemes and afforestation, and to prot ect the coasts and to
build tourist facilities shall be regulated by law. In the previous cases where
the law may allow payment in installments, the paym ent period shall not
exceed five years; whence payment shall be made in equal installments and

an interest rate equivalent to the highest interest paid on the public debt
shall be paid for the remainder of installments.
Compensation for land expropriated from the small f armer who cultivates
his own land shall in all cases be paid in advance.
E.Nationalisation
ARTICLE 47.
Private enterprises performing public service may b e nationalised when this
is required by the exigencies of public interest.
Nationalisation shall be carried out on the basis of real value. The methods
and procedures for calculating real value shall be prescribed by law.
IV.Freedom to Work and Conclude Contracts
ARTICLE 48.
Everyone has the freedom to work and conclude contr acts in the field of his
choice. The establishment of private enterprises is free.
The State shall take measures to ensure that privat e enterprises operate in
accordance with national economic requirements and social objectives and
in conditions of security and stability.
V. Provisions Relating to Labour
A. Right and Duty to Work
ARTICLE 49.
Everyone has the right and duty to work.
The State shall take the necessary measures to raise the standard of living
of workers, to protect them in order to improve the general conditions of
labour, to promote labour, and to create suitable economic conditions for
prevention of unemployment.
The State shall take facilitating and protecting measures in order to secure
labour peace in worker-employer relations.
B.Working Conditions and Right to Rest and Leisure
ARTICLE 50.
No one shall be required to perform work unsuited t o his age, sex, and
capacity.

Minors, women, and persons with physical or mental disabilities shall enjoy
special protection with regard to working conditions.
All workers have the right to rest and leisure.
Rights and conditions relating to paid weekends and holidays, together with
paid annual leave, shall be regulated by law.
C.Right to Organise Labour Unions
ARTICLE 51.
Workers and employers have the right to form labour unions and employers’
associations and higher organisations, without prior permission, in order to
safeguard and develop their economic and social rig ht and the interests of
their members in their labour relations.
In order to form unions and their higher bodies, it shall suffice to submit the
information and documents prescribed by law to the competent authority
designated by law. If this information and documentation is not in
conformity with law, the competent authority shall apply to the appropriate
court for the suspension of activities or the dissolution of the union or the
higher body.
Everyone shall be free to become a member of or wit hdraw from
membership in a union.
No one shall be compelled to become a member, remai n a member, or
withdraw from membership of a union.
Workers and employers cannot hold concurrent member ship in more than
one labour union or employers’ association.
Employment in a given workplace shall not be made conditional on being, or
not being, a member of a labour union.
To become an executive in a labour union or in higher organisations of them
it is a prerequisite condition that the workers should have held the status of
a labourer for at least ten years.
The status, the administration, and the functioning of the labour unions and
their higher bodies should not be inconsistent with the characteristics of the
Republic as defined in the Constitution, or with democratic principles.

D. Activities of Labour Unions
ARTICLE 52.
Labour unions, in addition to being under the general restrictions set forth
in Article 13, also shall not pursue a political cause, engage in political
activity, receive support from political parties or give support to them, and
shall not act jointly for these purposes with assoc iations, public professional
organisations, and foundations.
The fact of engaging in labour union activities in a workplace shall not
justify failure to perform one’s work.
The administrative and financial supervision of lab our unions by the State,
and their revenues and expenditures, and the method of payment of
membership dues to the labour union, shall be regulated by law.
Labour unions shall not use their revenues beyond the scope of their
professional aims, and shall keep all their funds in State banks.
VI.Collective Bargaining, Right to Strike, and Lockout
A.Right of Collective Bargaining
ARTICLE 53.
Workers and employers have the right to conclude collective bargaining
agreements in order to regulate reciprocally their economic and social
position and conditions of work.
The procedure to be followed in concluding collecti ve bargaining
agreements shall be regulated by law.
More than one collective bargaining agreement at th e same place of work
for the same period shall not be concluded or put into effect.
B.Right to Strike, and Lockout
ARTICLE 54.
Workers have the right to strike if a dispute arises during the collective
bargaining process. The procedures and conditions g overning the exercise of
this right and the employer’s recourse to a lockout, the scope of both
actions, and the exceptions to which they are subje ct shall be regulated by
law.

The right to strike, and lockout shall not be exercised in a manner contrary
to the principle of goodwill to the detriment of so ciety, and in a manner
damaging national wealth.
During a strike, the labour union is liable for any material damage caused in
a workplace where the strike is being held, as a re sult of deliberate
negligent behaviour by the workers and the labour u nion.
The circumstances and places in which strikes and lockouts may be
prohibited or postponed shall be regulated by law.
In cases where a strike or a lockout is prohibited or postponed, the dispute
shall be settled by the Supreme Arbitration Board a t the end of the period
of postponement. The disputing parties may apply to the Supreme
Arbitration Board by mutual agreement at any stage of the dispute.
The decisions of the Supreme Arbitration Board shall be final and have the
force of collective bargaining agreement.
The organisation and functions of the Supreme Arbit ration Board shall be
regulated by law.
Politically motivated strikes and lockouts, solidarity strikes and lockouts,
occupation of work premises, labour go-slows, produ ction decreasing, and
other forms of obstruction are prohibited.
Those who refuse to go on strike shall in no way be barred from working at
their workplace by strikers.
VII. Guarantee of Fair Wage
ARTICLE 55.
Wages shall be paid in return for work.
The State shall take the necessary measures to ensu re that workers earn a
fair wage suitable for the work they perform and that they enjoy other
social benefits.
In determining the minimum wage, the economic and s ocial conditions of
the country shall be taken into account.
VIII.Health, the Environment, and Housing
A.Health Services and Conservation of the Environment

ARTICLE 56.
Everyone has the right to live in a healthy, balanced environment.
It is the duty of the State and the citizens to improve the natural
environment, and to prevent environmental pollution .
To ensure that everyone lead their lives in conditions of physical and mental
health and to secure cooperation in terms of human and material resources
through economy and increased productivity, the Sta te shall regulate
central planning and functioning of the health services.
The State shall fulfill this task by utilizing and supervising the health and
social assistance institutions, in both the public and private sectors.
In order to establish widespread health services ge neral health insurance
may be introduced by law.
B.Right to Housing
ARTICLE 57.
The State shall take measures to meet the needs for housing, within the
framework of a plan which takes into account the ch aracteristics of cities
and environmental conditions and supports community housing projects.
IX.Youth and Sports
A.Protection of Youth
ARTICLE 58.
The State shall take measures to ensure the training and development of
youth into whose keeping our State, independence, a nd our Republic are
entrusted, in the light of contemporary science, in line with the principles
and reforms of Ataturk, and in opposition to ideas aiming at the destruction
of the indivisible integrity of the State with its territory and nation.
The State shall take necessary measures to protect youth from addiction to
alcohol, drug addiction, crime, gambling, and similar vices, and ignorance.
B.Development of Sports
ARTICLE 59.

The State shall take measures to develop the physical and mental health of
Turkish citizens of all ages, and encourage the spread of sports among the
masses.
The State shall protect successful athletes.
X.Social Security Rights
A.Right to Social Security
ARTICLE 60.
Everyone has the right to social security.
The State shall take the necessary measures and est ablish the organisation
for the provision of social security.
B.Persons Requiring Special Protection in the Field of Social Security
ARTICLE 61.
The State shall protect the widows and orphans of those killed in war and in
the line of duty, together with the disabled and war veterans, and ensure
that they enjoy a decent standard of living.
The State shall take measures to protect the disabled and secure their
integration into community life.
The aged shall be protected by the State. State ass istance to the aged, and
other rights and benefits shall be regulated by law.
The State shall take all kinds of measures for social resettlement of children
in need of protection.
To achieve these aims the State shall establish the necessary organisations
or facilities, or arrange for their establishment by other bodies.
C.Turkish Nationals Working Abroad
ARTICLE 62.
The State shall take the necessary measure to ensur e the family unity, the
education of the children, the cultural needs, and the social security of
Turkish Nationals working abroad, and shall take th e necessary measures to
safeguard their ties with the country and to help them on their return home.
XI.Conservation of Historical, Cultural, and Natural Wealth
ARTICLE 63.

The State shall ensure the conservation of the historical, cultural and
natural assets and wealth, and shall take supportin g and promoting
measures towards this end.
Any limitations to be imposed on such assets and we alth which are privately
owned and the compensation and exemptions to be acc orded to the owners
of such, as a results of these limitations, shall be regulated by law.
XII.Protection of Arts and Artists
ARTICLE 64.
The State shall protect artistic activities and art ists. The State shall take
the necessary measures to protect, promote, and sup port works of art and
artists, and encourage the spread of art appreciation.
XIII.The Extent of Social and Economic Rights
ARTICLE 65.
The State shall fulfill its duties as laid down in the Constitution in the social
and economic fields within the limits of its financ ial resources, taking into
consideration the maintenance of economic stability .
CHAPTER FOUR POLITICAL RIGHTS AND DUTIES
I.Turkish Citizenship
ARTICLE 66.
Everyone bound to the Turkish State through the bon d of citizenship is a
Turk.
The child of a Turkish father or a Turkish mother is a Turk. The citizenship
of a child of a foreign father and a Turkish mother shall be defined by law.
Citizenship can be acquired under the conditions st ipulated by law, and
shall be forfeited only in cases determined by law.
No Turk shall be deprived of citizenship, unless he commits an act
incompatible with loyalty to the motherland.
Recourse to the courts, against the decisions and p roceedings related to the
deprivation of citizenship, shall not be denied.
II.Right to Vote, to Be Elected, and to Engage in Poli tical Activity
ARTICLE 67.

In conformity with the conditions set forth in the law, citizens have the
right to vote, to be elected, and to engage in poli tical activities
independently or in a political party, and to take part in a referendum.
Elections and referendums shall be held under the d irection and supervision
of the judiciary, according to the principles of free, equal, secret, direct,
universal suffrage, and public counting of the vote s.
All Turkish citizens entering the age of 20 in the year of election and
referendum shall have the right to vote in election s and take part in a
referendum, the months and days of the age not take n into account.
The exercise of these rights shall be regulated by law.
Conscripts serving in the Armed Services, students in military schools, and
detainees and convicts in prisons cannot vote.
III.Provisions Relating to Political Parties
A.Forming Parties, Membership and Withdrawal from Mem bership in a
Party
ARTICLE 68.
Citizens have the right to form political parties, and to join and withdraw
from them in accordance with the established proced ure. To become a
member of a party one must be over 21 years of age.
Political parties are indispensable elements of the democratic political
system.
Political parties shall be founded without prior permission and shall pursue
their activities in accordance with the provisions set forth in the
Constitution and law.
The statutes and programmes of political parties sh all not be in conflict with
the indivisible integrity of the State with its territory and nation, human
rights, national sovereignty, and the principles of the democratic and
secular Republic.
Political parties whose aim is to support and to se t up the domination of a
class or group, or any kind of dictatorship, cannot be formed.

Political parties shall not organise and function abroad, shall not form
discriminative auxiliary bodies such as women’s or youth branches, nor shall
they establish foundations.
Judges and prosecutors, members of higher judicial organs, members of the
teaching staff at institutions of higher education, members of the Higher
Education Council, civil servants in public organis ations and corporations,
and other public servants who are not considered to be labourers by virtue
of the services they perform, students, and members of the Armed Forces,
shall not become members of political parties.
B.Principles to be Observed by Political Parties
ARTICLE 69.
Political parties shall not engage in activities outside the lines of their
statutes and programmes, and shall not contravene t he restrictions set forth
in Article 14 of the Constitution; those that contravene them shall be
dissolved permanently.
Political parties shall not have political ties and engage in political
cooperation with associations, unions, foundations, cooperatives, and public
professional organisations and their higher bodies in order to implement and
strengthen their party policies, nor shall they receive material assistance
from these bodies.
The internal functioning and the decisions of polit ical parties shall not be
contrary to the principles of democracy.
The auditing of political parties shall be carried out by the Constitutional
Court.
The Office of the Chief Public Prosecutor shall exa mine, with priority, the
conformity of the status and programmes of new part ies and of the status of
their founders in view of the Constitution and the law; and shall also follow
their activities.
The dissolution of political parties shall be decided by the Constitutional
Court after the filing of a suit by the Office of the Chief Public Prosecutor of
the Republic.
The founding members and administrators at every le vel of a political party
which has been permanently dissolved shall not become founding members,
administrators, or comptrollers of a new political party; nor shall any new

political party be founded, the majority of whose members are former
members of a political party previously dissolved.
Political parties shall not receive assistance in kind or cash from foreign
states, international organisations, associations, and groups in foreign
countries, nor shall they take orders from these bo dies, or participate in
their decisions and activities which are prejudicial to the independence and
territorial integrity of Turkey. Political parties contravening the provisions
of this paragraph shall also be dissolved permanent ly.
The formulation and activities, supervision, and dissolution of political
parties shall be regulated by law within the above mentioned provisions.
IV.Right to Enter the Public Service
A.Entry into the Public Service
ARTICLE 70.
Every Turk has the right to enter the public service.
No criteria other than the qualifications for the office concerned shall be
taken into consideration for recruitment into the p ublic service.
B.Declaration of Assets
ARTICLE 71.
Declaration of assets by persons entering public service, and the frequency
of such declaration, shall be determined by law. Th ose serving in the
legislative and executive organs shall not be exempted from this
requirement.
V.National Service
ARTICLE 72.
National service is the right and duty of every Turk. The manner in which
this service shall be performed, or considered as p erformed, either in the
Armed Forces or in the public service, shall be regulated by law.
VI.Obligation to Pay Taxes
ARTICLE 73.
Everyone is under the obligation to pay taxes accor ding to his financial
resources, in order to meet public expenditures.

An equitable and balanced distribution of the tax burden is the social
objective of fiscal policy.
Taxes, fees, duties, and other such financial impositions shall be imposed,
amended, or revoked by law.
The Council of Ministers may be empowered to amend the percentages of
exemption, exceptions, and reductions in taxes, fees, duties, and other such
financial impositions within the minimum and maximu m limits prescribed by
law.
VII. Right of Petition
ARTICLE 74.
Citizens have the right to apply in writing to the competent authorities and
to the Turkish Grand National Assembly with regard to requests and
complaints concerning themselves or the public.
The result of the application concerning himself shall be made known to the
petitioner in writing.
The way of exercising this right shall be determined by law.
PART THREE FUNDAMENTAL ORGANS OF THE REPUBLIC
CHAPTER ONE LEGISLATIVE POWER
I.The Turkish Grand National Assembly
A.Composition
ARTICLE 75.
The Turkish Grand National Assembly shall be compos ed of four-hundred and
fifty deputies elected by universal suffrage by the nation.
B.Eligibility to be a Deputy
ARTICLE 76.
Every Turk over the age of 30 is eligible to be a deputy.
Persons who have not completed their primary educat ion, who have been
deprived of legal capacity, who have failed to perform compulsory military
service, who are banned from public service, who ha ve been sentenced to a
prison term totalling one year or more excluding involuntary offences, or to
a heavy imprisonment; those who have been convicted for dishonourable
offences such as embezzlement, corruption, bribery, theft, fraud, forgery,

breach of trust, fraudulent bankruptcy; and persons convicted of smuggling,
conspiracy in official bidding tender, or purchases, of offences related to
the disclosure of State secrets, of involvement in ideological and anarchistic
activities, and incitement and encouragement of suc h activities, shall not be
elected deputies, even if they have been pardoned.
Judges and prosecutors, members of the higher judic ial organs, members of
the teaching staff at institutions of higher education, members of the Higher
Education Council, employees of public institutions and agencies who have
the status of civil servants, other public employees not regarded as
labourers on account of the duties they perform, an d members of the Armed
Forces shall not stand for election or be eligible to be a deputy unless they
resign from office.
C.Election Term of the Turkish Grand National Assembly
ARTICLE 77.
Elections for the Turkish Grand National Assembly shall be held every five
years.
The Assembly may decide to hold new elections befor e the termination of
this period, and new elections may also be decided upon according to a
decision, taken in accordance with the conditions set forth in the
Constitution, by the President of the Republic. A deputy whose term of
office expires may be eligible for reelection.
In the event of a decision to hold new elections, the powers of the Assembly
shall continue until the election of a new Assembly .
D.Deferment of Elections to the Turkish Grand National Assembly, and
By-elections
ARTICLE 78.
If the holding of new elections is found impossible because of war, the
Turkish Grand National Assembly may decide to defer elections for a year.
If the grounds for deferment do not disappear this measure may be repeated
under the procedure for deferment.
By-elections shall be held when vacancies arise in the membership of the
Turkish Grand National Assembly. By-elections shall be held once in every
election term and cannot be held until 30 months ha ve elapsed from the
date of the previous general elections. However, in cases where the number

of vacant seats reaches five percent of the total number of seats, by-
elections shall be held within three months.
By-elections shall not be held within one year befo re general elections.
E.General Administration and Supervision of the Elections
ARTICLE 79.
Elections shall be held under the general administration and supervision of
the judicial organs.
The Supreme Election Council shall execute all the functions to ensure the
fair and orderly conduct of the elections from the beginning to the end of
polling, carry out investigations and take final decisions on all irregularities,
complaints, and objections concerning the elections during and after the
polling, and verify the election returns of the members of the Turkish Grand
National Assembly. No appeal shall be made to any a uthority against the
decisions of the Supreme Election Council.
The functions and powers of the Supreme Election Co uncil and other
election councils shall be determined by law.
The Supreme Election Council shall be composed of seven regular members
and four substitutes. Six of the members shall be elected by the Plenary
Assembly of the High Court of Appeals, and five mem bers shall be elected
by the Plenary Assembly of the Council of State from amongst its own
members, by secret ballot and by an absolute majori ty of the total number
of members. These members shall elect a Chairman an d a Vice-Chairman
from amongst themselves, by absolute majority and secret ballot.
Amongst the members elected to the Supreme Election Council by the High
Court of Appeals and by the Council of State, two members from each group
shall be designated, by lot, as substitute members. The Chairman and Vice-
Chairman of the Supreme Election Council shall not take part in this
procedure.
The general conduct and supervision of a referendum on legislation
amending the Constitution shall be subject to the same provisions as those
relating to the election of deputies.
F. Provisions Relating to Membership
ARTICLE 80.

Members of the Turkish Grand National Assembly represent, not merely
their own constituencies or constituents, but the Nation as a whole.
2.Oath-taking
ARTICLE 81.
Members of the Turkish Grand National Assembly, on assuming office, shall
take the following oath:
“I swear upon my honour and integrity, before the great Turkish nation, to
safeguard the existence and independence of the Sta te, the indivisible
integrity of the country and the Nation, and the absolute sovereignty of the
Nation; to remain loyal to the supremacy of law, to the democratic and
secular Republic, and to Ataturk’s principles and reforms; not to deviate
from the ideal according to which everyone is entit led to enjoy human rights
and fundamental freedoms under peace and prosperity in society, national
solidarity and justice, and loyalty to the Constitution.”
3.Activities Incompatible with Membership
ARTICLE 82.
Members of the Turkish Grand National Assembly shal l not hold office in
State departments and other public corporate bodies and their subsidiaries;
in corporations and enterprises affiliated with the State and other public
corporate bodies; in the executive or supervisory o rgans of enterprises and
corporations where there is direct or indirect participation of the State and
public corporate bodies; in the executive and super visory organs of public
benefit associations, whose special resources of revenue and privileges are
provided by law; in the executive and supervisory o rgans of foundations
which enjoy tax exemption and receive financial sub sidies from the state;
and in the executive and supervisory organs of labour unions and public
professional organisations, and in the enterprises and corporations in which
the above-mentioned unions and associations or thei r higher bodies have a
share; nor can they be appointed as representatives of the above-mentioned
bodies or be part to a business contract, directly or indirectly, and be
arbitrators of representatives in their business transactions.
Members of the Turkish Grand National Assembly shal l not be entrusted with
any official or private duties involving recommendation, appointment, or
approval by the executive organ. Acceptance by a de puty of a temporary
assignment given by the Council of Ministers on a specific matter, and not
exceeding a period of six months, is subject to the approval of the Assembly.

Other functions and activities incompatible with membership in the Turkish
Grand National Assembly shall be regulated by law.
4.Parliamentary Immunity
ARTICLE 83.
Members of the Turkish Grand National Assembly shal l not be liable for their
votes and statements concerning parliamentary functions, for the views
they express before the Assembly, or unless the Assembly decides otherwise
on the proposal of the Bureau for that sitting, for repeating or revealing
these outside the Assembly.
A deputy who is alleged to have committed an offenc e before or after the
election shall not be arrested, interrogated, detained, or tried unless the
Assembly decides otherwise. This provision shall no t apply in cases where a
member is caught in the act of committing a crime p unishable by a heavy
penalty and in cases subject to Article 14 of the Constitution if an
investigation has been initiated before the electio n. However, in such
situations the competent authority shall notify the Turkish Grand National
Assembly immediately and directly.
The execution of a criminal sentence imposed on a m ember of the Turkish
Grand National Assembly either before or after his election shall be
suspended until he ceases to be a member; the statu te of limitations does
not apply during the term of membership.
Investigation and prosecution of a reelected deputy shall be subject to the
renewed waiver of immunity by the Assembly.
Political party groups in the Turkish Grand National Assembly shall not hold
discussions or take decisions regarding parliamenta ry immunity.
5.Loss of Membership
ARTICLE 84.
The loss of membership by deputies shall be decided by an absolute
majority of the total number of members in respect of deputies who resign,
who are convicted of an offence precluding election to the Turkish Grand
National Assembly, who are deprived of their legal capacity, who resign
from their party in order to join another party, or take up a ministerial post
in the Council of Ministers other than a provisiona l ministerial post during
the election period who assume a function incompati ble with membership,

or who failed to attend without excuse, five meetings in a period of one
month.
A deputy who resigns from his party shall not be nominated as a candidate
in the following elections by the central organs of any party existing at the
time of his resignation.
The membership of a deputy, whose acts and statemen ts are cited in a
judgement of the Constitutional Court as having caused the dissolution of a
political party and that of other deputies who belonged to the party on the
date when the action for dissolution was brought, s hall end when the
Presidency of the Turkish Grand National Assembly i s notified of the
dissolution order.
6.Application for Annulment
ARTICLE 85.
If the Turkish Grand National Assembly decides to w aive the parliamentary
immunity of a member or disqualify him from members hip, the member
concerned or any member of the Turkish Grand National Assembly may,
within a week of the decision, appeal to the Constitutional Court for the
decision to be annulled on the grounds that it is contrary to the Constitution
or to the Rules of Procedure of the Assembly. The C onstitutional Court shall
decide on the appeal within fifteen days.
7.Salaries and Allowances
ARTICLE 86.
The salaries and allowances of the members of the T urkish Grand National
Assembly shall be regulated by law. The monthly amo unt of the salary shall
not exceed the salary of the most senior civil servant; the travel allowance
shall not exceed half of that salary.
The salaries and allowances paid to the members of the Turkish Grand
National Assembly shall not necessitate the suspension of payments of
pensions and similar benefits by social security agencies.
A maximum of three months’ salaries and allowances may be paid in
advance.
II.Functions and Power of the Turkish Grand National Ass embly
A.General Provisions
ARTICLE 87.

The functions and powers of the Turkish Grand National Assembly comprise
the enactment, amendment, and repeal of laws; the s upervision of the
Council of Ministers and the ministers; authorisation of the Council of
Ministers to issue governmental decrees having forc e of law on certain
matters; debating and approval of the budget draft and the draft law of the
final accounts; making decisions regarding printing of currency and
declaration of war; ratifying international agreeme nts, deciding on the
proclamation of amnesties and pardons, excluding th ose who have been
convicted for activities set out in Article 14 of the Constitution; confirming
death sentences passed by the courts; and exercisin g the powers and
executing the functions envisaged in the other articles of the Constitution.
B.Introduction and Debate of the Laws
ARTICLE 88.
The Council of Ministers and deputies are empowered to introduce laws.
The procedure and principles relating to the debating of draft bills and
proposals of law in the Turkish Grand National Assembly shall be regulated
by the Rules of Procedure.
C.Promulgation of Laws by the President of the Republ ic
ARTICLE 89.
The President of the Republic shall promulgate the laws adopted by the
Turkish Grand National Assembly within fifteen days .
He shall, within the same period, refer to the Turkish Grand National
Assembly for further consideration laws which he de ems unsuitable for
promulgation, together with a statement of his reasons. Budget laws shall
not be subject to this provision.
If the Turkish Grand National Assembly adopts in its unchanged form the law
referred back, the President of the Republic shall promulgate it; if the
Assembly amends the law which was referred back, th e President of the
Republic may again refer back the amended law to the Assembly.
Provisions relating to Constitutional amendments are reserved.
D. Ratification of International Treaties
ARTICLE 90.

The ratification of treaties concluded with foreign states and international
organisations on behalf of the Republic of Turkey, shall be subject to
adoption by the Turkish Grand National Assembly by a law approving the
ratification.
Agreements regulating economic, commercial, and tec hnical relations, and
covering a period of no more than one year, may be put into effect through
promulgation, provided they do not entail any financial commitment by the
state, and provided they do not infringe upon the status of individuals or
upon the property rights of Turkish citizens abroad. In such cases, these
agreements must be brought to the knowledge of the Turkish Grand National
Assembly within two months of their promulgation.
Agreements in connection with the implementation of an international
treaty, and economic, commercial, technical, or administrative agreements
which are concluded depending on an authorisation given by law shall not
require approval by the Turkish Grand National Assembly. However,
agreements concluded under the provision of this pa ragraph and affecting
the economic, or commercial relations and private rights of individuals shall
not be put into effect unless promulgated.
Agreements resulting in amendments to Turkish laws shall be subject to the
provisions of the first paragraph.
International agreements duly put into effect carry the force of law. No
appeal to the Constitutional Court can be made with regard to these
agreements, on the ground that they are unconstitut ional.
E.Authorisation to Enact Decrees Having Force of Law
ARTICLE 91.
The Turkish Grand National Assembly may empower the Council of Ministers
to issue decrees having force of law. However, the fundamental rights,
individual rights, and duties included in the First and Second Chapter of the
Second Part of the Constitution and the political r ights and duties listed in
the Fourth Chapter cannot be regulated by decrees h aving force of law
except during periods of martial law and states of emergency.
The empowering law shall define the purpose, scope, principles, and
operative period of the decree having force of law, and whether more than
one decree will be issued within the same period.

Resignation or fall of the Council of Ministers or expiration of the legislative
term shall not cause the termination of the power c onferred for the given
period.
When approving a decree having force of law before the end of the
prescribed period, the Turkish Grand National Assembly shall also state
whether the power has terminated or will continue u ntil the expiry of the
said period.
Provisions relating to the decrees having force of law issued by the Council
of Ministers meeting under the chairmanship of the President of the
Republic, in time of martial law or states of emergency, are reserved.
Decrees having force of law shall come into force o n the day of their
publication in the Official Gazette. However, a later date may be indicated
in the decree as the date of entry into force.
Decrees are submitted to the Turkish Grand National Assembly on the day of
their publication in the Official Gazette.
Laws of empowering and decrees having force of law which are based on
these shall be discussed in the committees and in the plenary session of the
Turkish Grand National Assembly with priority and u rgency.
Decrees not submitted to the Turkish Grand National Assembly on the day of
their publication shall cease to have effect on that day and decrees
rejected by the Turkish Grand National Assembly sha ll cease to have effect
on the day of the publication of the decision in the Official Gazette. The
amended provisions of the decrees which are approve d as amended shall go
into force on the day of their publication in the Official Gazette.
F.Declaration of State of War and Authorisation to Per mit the Use of
Armed Forces
ARTICLE 92.
The power to authorise the declaration of the state of war in cases deemed
legitimate by international law, and, except where required by
international treaties to which Turkey is a party or by the rules of
international courtesy, to send Turkish Armed Force s to foreign countries,
and to allow foreign armed forces to be stationed in Turkey is vested in the
Turkish Grand National Assembly.

If the country is subjected, while the Turkish Grand National Assembly is
adjourned or in recess, to sudden armed aggression and it thus becomes
imperative to decide immediately on the use of arme d forces, the President
of the Republic can decide on the use of the Turkish Armed Forces.
III.Provision Relating to the Activities of the Turki sh Grand National
Assembly
A.Convening and Adjournment
ARTICLE 93.
The Turkish Grand National Assembly shall convene o f its own accord on the
first day of September each year.
The Assembly may be in recess for a maximum of thre e months in the course
of a legislative year. During an adjournment and recess it may be summoned
by the President of the Republic either on his own initiative or at the
request of the Council of Ministers.
The President of the Assembly may also summon the A ssembly either on his
own initiative or at the written request of one-fifth of the members.
If the Turkish Grand National Assembly is convened during an adjournment
or recess, it shall not adjourn or go into recess again before having given
priority consideration to the matter requiring the summons.
B.Bureau of the Assembly
ARTICLE 94.
The Bureau of the Assembly of the Turkish Grand Nat ional Assembly shall be
composed of the President, the Deputy Presidents, Secretary Members, and
Administrative Members elected from among the Assem bly members.
The Bureau of the Assembly shall be so composed as to ensure proportionate
representation to the number of members of each pol itical party group in
the Assembly. Political party groups shall not nominate candidates for the
Presidency.
Two elections to the Bureau of the Turkish Grand Na tional Assembly shall be
held in the course of one legislative term. The term of office of those
elected in the first round is two years and the term of office of those
elected in the second round is three years.

The candidates from among the members of the Assembly for the President
of the Turkish Grand National Assembly shall be announced, within ten days
of convening of the Assembly, to the Bureau of the Assembly. Election of
the President shall be held by secret ballot. In the first two ballots, a two-
thirds majority of the total number of members, and in the third ballot an
absolute majority of the total number of members is required. If the
absolute majority cannot be obtained in the third ballot a fourth ballot shall
be held between the two candidates who have receive d the greatest
number of votes in the third ballot; the member who receives the greatest
number of votes in the fourth ballot shall be elected President. The election
of the President, shall be completed within ten day s of the expiry of the
period for the nomination of candidates.
The quorum required for election, the number of bal lots and its procedure,
the number of Deputy Presidents, Secretary Members, and Administrative
Members, shall be stipulated by the Rules of Procedure of the Assembly.
The President and Deputy Presidents of the Turkish Grand National Assembly
cannot participate in the activities of the political party or party group of
which they are a member nor in debates, within or o utside the Assembly,
except in cases required by their functions; the President and the Deputy
President who is presiding over the session shall not vote.
C.Rules of Procedure, Political Party Security Affa irs
ARTICLE 95.
The Grand National Assembly of Turkey shall carry o ut its activities in
accordance with the provisions of the Rules of Procedure drawn up by itself.
The provisions of the Rules of Procedure shall be drawn up in such a way as
to ensure the participation of each political party group in all the activities
of the Assembly in proportion to its number of memb ers. Political party
groups shall only be constituted if they have at least twenty members.
All security and administrative services of the Tur kish Grand National
Assembly regarding all buildings, installations, annexes, and its grounds shall
be organised and directed by the Office of the Pres ident of the Assembly.
Sufficient forces to ensure security and other such services shall be
allocated to the Office of the President of the Assembly by the relevant
authorities.
D.Quorums Required for Sessions and Decisions

ARTICLE 96.
Unless otherwise stipulated in the Constitution, the Turkish Grand National
Assembly shall convene with at least one-third of t he total number of
members and shall take decisions by an absolute maj ority of those present;
however, the quorum for decisions can, under no circumstances, be less
than a quarter plus one of the total number of memb ers.
Members of the Council of Ministers may delegate a minister to vote on their
behalf in sessions of the Turkish Grand National Assembly which they are
unable to attend. However, a minister shall not cas t more than two votes
including his own.
E.Publicity and Publication of Debates
ARTICLE 97.
Debates held in the Plenary session of the Turkish Grand National Assembly
shall be public and shall be published verbatim in the Journal of Records.
The Turkish Grand National Assembly may hold closed sessions in accordance
with the provisions of its Rules of Procedure; the publication of debates of
such sessions shall be subject to the decision of the Turkish Grand National
Assembly.
Public proceedings of the Assembly may be freely pu blished through all
means, unless a decision to the contrary is adopted by the Assembly upon a
proposal of the Bureau of the Assembly.
IV.Ways of collecting Information and Supervision by the Turkish Grand
National Assembly
A.General Provisions
ARTICLE 98.
The Turkish Grand National Assembly shall exercise its supervisory power by
means of questions, Parliamentary inquiries, genera l debates, interpellation,
and Parliamentary investigations.
A question is a request for information addressed to the Prime Minister or
ministers to be answered orally or in writing on behalf of the Council of
Ministers.
A Parliamentary inquiry is an examination conducted to obtain information
on a specific subject.

A general debate is the consideration of a specific subject relating to the
community and the activities of the State at the pl enary sessions of the
Turkish Grand National Assembly.
The form of presentation, content, and scope of the motions concerning
questions, Parliamentary inquiries, and general debates, and the procedures
for answering, debating, and investigating them sha ll be regulated by the
Rules of Procedure.
B.Interpellation
ARTICLE 99.
A motion for interpellation may be tabled either on behalf of a political
party group, or by the signature of at least twenty deputies.
The motion for interpellation shall be circulated in printed form to the
members within three days of its being tabled; incl usion of a motion of
interpellation in the agenda shall be debated within ten days of its
circulation. In this debate, only one of the signatories to the motion, one
deputy from each political party group, and the Pri me Minister or one
minister on behalf of the Council of Ministers, may take the floor.
Together with the decision to include the motion of interpellation on the
agenda, the date for debating it will also be decided; however, the debate
shall not take place less than two days after the decision to place it on the
agenda and shall not be deferred more than seven da ys.
In the course of the debate on the motion of interpellation, a motion of no-
confidence with a statement of reasons tabled by de puties or party groups,
or the request for a vote of confidence by the Council of Ministers, shall be
put to vote only after a full day has elapsed.
In order to unseat the Council of Ministers or a minister, an absolute
majority of the total number of members shall be re quired in the voting, in
which only the votes of no-confidence shall be counted.
Other provisions concerning interpellations, provided that they are
consistent with the smooth functioning of the Assem bly, and with the
above-mentioned principles shall be designed by the Rules of Procedure.
C.Parliamentary Investigation
ARTICLE 100.

Parliamentary investigation concerning the Prime Minister or other ministers
may be requested with a motion tabled by at least o ne-tenth of the total
number of members of the Turkish Grand National Ass embly. The Assembly
shall consider and decide on this request within one month at the latest.
In the event of a decision to initiate an investigation, this investigation shall
be conducted by a commission of fifteen members cho sen by lot on behalf
of each party from among three times the number of members the party is
entitled to have on the commission, representation being proportional to
the parliamentary membership of the party. The comm ission shall submit its
report on the result of the investigation to the Assembly within two months.
If the investigation is not completed within the time allotted, the
commission shall be granted a further and final per iod of two months.
The Assembly shall debate the report with priority and, if found necessary,
may decide to bring the person involved before the Supreme Court. The
decision to bring a person before the Supreme Court shall be taken only by
an absolute majority of the total number of members .
Political party groups in the Assembly shall not hold discussions or take
decisions regarding Parliamentary investigations.
CHAPTER TWO EXECUTIVE
I.President of the Republic
A.Qualifications and Impartiality
ARTICLE 101.
The President of the Republic shall be elected for a term of office of seven
years by the Turkish Grand National Assembly from a mong its own members
who are over 40 years of age and who have completed their higher
education or from among Turkish citizens who fulfill these requirements and
are eligible to be deputies.
The nomination of a candidate for the Presidency of the Republic from
outside the Turkish Grand National Assembly shall require a written proposal
by at least one-fifth of the total number of member s of the Assembly.
The President of the Republic cannot be elected for a second time.
The President-elect, if a member of a party, shall sever his relations with
his party and his status as a member of the Turkish Grand National Assembly
shall cease.

B.Election
ARTICLE 102.
The President of the Republic shall be elected by a two-thirds majority of
the total number of members of the Turkish Grand Na tional Assembly and by
secret ballot. If the Turkish Grand National Assembly is not in session, it
shall be summoned immediately to meet.
The election of the President of the Republic shall begin thirty days before
the term of office of the incumbent President of th e Republic expires or ten
days after the Presidency falls vacant, and shall be completed within thirty
days of the beginning of the election. Candidates s hall be declared to the
Bureau of the Assembly within the first ten days of this period, and
elections shall be completed within the remaining t wenty days.
If a two-thirds majority of the total number of mem bers cannot be obtained
in the first two ballots, between which there shall be at least a three-day
interval, a third ballot shall be held and the candidate who receives the
absolute majority of votes of the total number of m embers shall be elected
President of the Republic. If an absolute majority of votes of the total
number of members is not obtained in the third ball ot, a fourth ballot will
be held between the two candidates who receive the greatest number of
votes in the third ballot; if the President of the Republic cannot be elected
by an absolute majority of the total number of memb ers in this ballot, new
general elections for the Turkish Grand National Assembly shall be held
immediately.
The term of office of the incumbent President of th e Republic shall continue
until the President-elect takes office.
C.Oath
ARTICLE 103.
On assuming office, the President of the Republic shall take the following
oath before the Turkish Grand National Assembly:
“In my capacity as President of the Republic I swear upon my honour and
integrity before the Turkish Grand National Assembl y and before history to
safeguard the existence and independence of the Sta te, the indivisible
integrity of the country and the nation and the absolute sovereignty of the
nation, to abide by the Constitution, the rule of law, democracy, the
principles and reforms of Ataturk and the principle s of the secular Republic,
not to deviate from the ideal according to which ev eryone is entitled to

enjoy human rights and fundamental freedoms under conditions of national
peace and prosperity and in a spirit of national solidarity and justice, and to
do my utmost to preserve and exalt the glory and ho nour of the Republic of
Turkey and perform without bias the functions that I have assumed.”
D.Duties and Powers
ARTICLE 104.
The President of the Republic is the Head of the State. In this capacity he
shall represent the Republic of Turkey and the unit y of the Turkish Nation;
he shall ensure the implementation of the Constitut ion, and the regular and
harmonious functioning of the organs of State.
To this end, the duties he shall perform, and the powers he shall exercise,
in accordance with the conditions stipulated in the relevant articles of the
Constitution are as follows:
a)Those relating to legislation:
To deliver, if he deems it necessary, the opening address of the Turkish
Grand National Assembly on the first day of the leg islative year,
To summon the Turkish Grand National Assembly to me et, when necessary,
To promulgate laws,
To return laws to the Turkish Grand National Assembly to be reconsidered,
To submit to referendum, if he deems it necessary, legislation regarding the
amendment of the Constitution,
To appeal to the Constitutional Court for the annulment in part or entirety
of certain provisions of laws, decrees having force of law, and the Rules of
Procedures of the Turkish Grand National Assembly o n the grounds that they
are unconstitutional in form or in content,
To call new elections for the Turkish Grand National Assembly.
b)Those relating to the executive functions:
To appoint the Prime Minister and to accept his resignation,
To appoint and dismiss ministers on the proposal of the Prime Minister,

To preside over the Council of Ministers or to call the Council of Ministers to
meet under his chairmanship whenever he deems it ne cessary,
To accredit representatives of the Turkish State to foreign states and to
receive the representatives of foreign states to the Republic of Turkey,
To ratify and promulgate international treaties,
To represent the Office of the Commander-in-Chief o f the Turkish Armed
Forces on behalf of the Turkish Grand National Assembly,
To appoint the Chief of the General Staff,
To call the National Security Council to meet,
To preside over the National Security Council,
To proclaim martial law or state of emergency, and to issue decrees having
force of law, in accordance with the decisions of the Council of Ministers
under his chairmanship,
To sign decrees,
To remit, on grounds of chronic illness, disability, or old age, all or part of
the sentences imposed on certain individuals,
To appoint the members and the chairman of the Stat e Supervisory Council,
To instruct the State Supervisory Council to carry out enquiries,
investigations, and inspections,
To appoint the members of the Higher Education Coun cil,
To appoint rectors of universities.
c)Those relating to the judiciary:
To appoint the members of the Constitutional Court, one-fourth of the
members of the Council of State, the Chief Public Prosecutor and the
Deputy Chief Public Prosecutor of the High Court of Appeals, the members
of the Military High Court of Appeals, the members of the Supreme Military
Administrative Court, and the members of the Suprem e Council of Judges
and Public Prosecutors.

The President of the Republic shall also exercise powers of election and
appointment, and perform the other duties conferred on him by the
Constitution and laws.
E. Presidential Accountability and Nonaccountability
ARTICLE 105.
All Presidential decrees except those which the President of the Republic is
empowered to enact by himself without the signature s of the Prime Minister
and the minister concerned, in accordance with the provisions of the
Constitution and other laws, shall be signed by the Prime Minister, and the
ministers concerned. The Prime Minister and the min isters concerned shall
be accountable for these decrees.
No appeal shall be made to any legal authority, including the Constitutional
Court, against the decisions and orders signed by the President of the
Republic on his own initiative.
The President of the Republic may be impeached for high treason on the
proposal of at least one-third of the total number of members of the Turkish
Grand National Assembly, and by the decision of at least three-quarters of
the total number of members.
F.Deputation for the President of the Republic
ARTICLE 106.
In the event of a temporary absence of the Presiden t of the Republic on
account of illness, travel abroad, or similar circumstances, the President of
the Turkish Grand National Assembly shall serve as Acting President of the
Republic and exercise the powers of the President o f the Republic until the
President of the Republic resumes his functions, and in the event that the
Presidency falls vacant as a result of death or resignation or for any other
reason, until the election of a new President of th e Republic.
G.General Secretariat of the President of the Republi c
ARTICLE 107.
The establishment, the principles of organisation and functioning, and the
appointment of personnel of the General Secretariat of the President of the
Republic shall be regulated by Presidential decrees.
H.State Supervisory Council
ARTICLE 108.

The State Supervisory Council which shall be established attached to the
Office of the Presidency of the Republic with the purpose of performing and
furthering the regular and efficient functioning of the administration and its
observance of law, will be empowered to conduct upo n the request of the
President of the Republic all enquiries, investigations, and inspections of all
public bodies and organisations, all enterprises in which those public bodies
and organisations share more than half of the capit al, public professional
organisations, employers’ associations and labour unions at all levels, and
public benefit associations and foundations.
The Armed Forces and all judicial organs are outsid e the jurisdiction of the
State Supervisory Council.
The members and the Chairman to be designated from among the member
of the State Supervisory Council shall be appointed by the President of the
Republic from among those with the qualifications s et forth in the law.
The functioning of the State Supervisory Council, the term of office of its
members, and other matters relating to their status shall be regulated by
law.
II.Council of Ministers
A. Formation
ARTICLE 109.
The Council of Ministers shall consist of the Prime Minister and the ministers.
The Prime Minister shall be appointed by the Presid ent of the Republic from
among the members of the Turkish Grand National Ass embly.
The ministers shall be nominated by the Prime Minister and appointed by
the President of the Republic, from among the membe rs of the Turkish
Grand National Assembly, or from among those eligible for election as
deputies; and they can be dismissed, by the President of the Republic, upon
the proposal of the Prime Minister when deemed nece ssary.
B.Taking Office and Vote of Confidence
ARTICLE 110.
The complete list of members of the Council of Ministers shall be submitted
to the Turkish Grand National Assembly. If the Turkish Grand National
Assembly is in recess, it shall be summoned to meet .

The Government Programme of the Council of Ministers shall be read by the
Prime Minister or by one of the ministers before the Turkish Grand National
Assembly within a week of the formation of the Coun cil of Ministers,
following which a vote of confidence shall be taken. Debate on the vote of
confidence shall begin two full days after the reading of the programme and
the vote shall be taken one full day after the end of debate.
C.Vote of Confidence While in Office
ARTICLE 111.
If the Prime Minister deems it necessary, and after discussing the matter in
the Council of Ministers he may ask for a vote of confidence in the Turkish
Grand National Assembly.
The request for a vote of confidence shall not be d ebated before one full
day has elapsed from the time it was submitted to t he Turkish Grand
National Assembly and shall not be put to vote until one full day has passed
after debate.
A request for a vote of confidence shall be rejected only by an absolute
majority of the total number of members.members.
Actions and Political Responsibilities
ARTICLE 112.
The Prime Minister, as Chairman of the Council of M inisters, shall ensure
cooperation among the ministers, and supervise the implementation of the
government’s general policy. The members of the Cou ncil of Ministers are
jointly responsible for the implementation of this policy.
Each minister shall be responsible to the Prime Min ister and shall also be
responsible for the conduct of affairs under his jurisdiction and for the acts
and activities of his subordinates.
The Prime Minister shall ensure that the ministers exercise their functions in
accordance with the Constitution and the laws and s hall take corrective
measures to this end.
The members of the Council of Ministers who are not deputies shall take
their oath before the Turkish Grand National Assembly as written in Article
81, and during their term of office as ministers they shall abide by the rules
and conditions to which deputies are subject and sh all enjoy Parliamentary

immunity. They receive the same salaries and allowances as members of the
Turkish Grand National Assembly.
E.Formation of Ministries, and Ministers
ARTICLE 113.
The formation, abolition, functions, powers and organisation of the
ministries shall be regulated by law.
A minister may act for another if a ministry is vacant or if the minister is on
leave or absent for a valid reason. However, a mini ster shall not act for
more than one other minister.
A minister who is brought before the Supreme Court by decision of the
Turkish Grand National Assembly, shall lose his ministerial status. If the
Prime Minister is brought before the Supreme Court, the Government shall
be considered to have resigned.
If a ministry falls vacant for any reason, an appointment shall be made to it
within fifteen days.
F.Provisional Council of Ministers During Elections
ARTICLE 114.
The Ministers of Justice, Internal Affairs and Comm unications shall resign
prior to general elections to the Turkish Grand National Assembly.
Three days before the beginning of the elections or in the event of a
decision to hold new elections before the end of the election term, within
five days of this decision, the Prime Minister shall appoint independent
persons from within or outside of the Turkish Grand National Assembly to
these Ministries.
In the event of a decision to hold new elections under Article 116, the
Council of Ministers shall resign and the President of the Republic shall
appoint a Prime Minister to form a Provisional Coun cil of Ministers.
The Provisional Council of Ministers shall be composed of members of the
political party groups in proportion to their parliamentary membership with
the exception of the ministers of Justice, Internal Affairs, and
Communications, who shall be independent persons ap pointed from within
or outside the Turkish Grand National Assembly.

The number of members to be taken from political party groups shall be
determined by the President of the Turkish Grand National Assembly, and
shall be communicated to the Prime Minister. Party members who do not
accept the ministerial posts offered them, or who resign subsequently, shall
be replaced by independent persons from within or o utside of the Grand
National Assembly of Turkey.
The Provisional Council of Ministers shall be formed within five days of the
publication in the Official Gazette of the decision to hold new elections.
The Provisional Council of Ministers shall not be subject to a vote of
confidence.
The Provisional Council of Ministers shall remain i n office for the duration of
the elections, and until the new Assembly convenes.
G.Regulations
ARTICLE 115.
The Council of Ministers may issue regulations governing the mode of
implementation of laws or designating matters order ed by law, provided
that they do not conflict with existing laws and are examined by the Council
of State.
Regulations shall be signed by the President of the Republic and
promulgated in the same manner as laws.
H.Calling Elections for the Turkish Grand National Asse mbly by the
President of the Republic
ARTICLE 116.
In cases where the Council of Ministers fails to receive a vote of confidence
under Article 110 or is compelled to resign by a vo te of no-confidence under
Articles 99 or 111, and if a new Council of Ministers cannot be formed within
forty-five days or the new Council of Ministers fails to receive a vote of
confidence, the President of the Republic, in consu ltation with the
President of the Turkish Grand National Assembly, m ay call new elections.
If a new Council of Ministers cannot be formed within forty-five days of the
resignation of the Prime Minister without being defeated by a vote of
confidence, or also within forty-five days of elections for the Bureau of the
President of the Turkish Grand National Assembly of the newly elected
Turkish Grand National Assembly, the President of the Republic may

likewise, in consultation with the President of the Turkish Grand National
Assembly, call new elections.
The decision to call new elections shall be publish ed in the Official Gazette
and the election shall be held thereafter.
II.National Defence
1.Offices of Commander-in-Chief and Chief of the Gener al Staff
ARTICLE 117.
The Office of Commander-in-Chief is inseparable from the spiritual
existence of the Turkish Grand National Assembly an d is represented by the
President of the Republic.
The Council of Ministers shall be responsible to the Turkish Grand National
Assembly for national security and for the preparat ion of the Armed Forces
for the defence of the country.
The Chief of the General Staff is the commander of the Armed Forces, and,
in time of war exercises the duties of Commander-in -Chief on behalf of the
President of the Republic.
The Chief of the General Staff shall be appointed by the President of the
Republic on the proposal of the Council of Ministers; his duties and powers
shall be regulated by law. The Chief of the General Staff shall be
responsible to the Prime Minister in the exercise of his duties and powers.
The functional relations and the scope of jurisdiction of the Ministry of
National Defence with regard to the Chief of the Ge neral Staff and the
Commanders of the Armed Forces shall be regulated b y law.
2.National Security Council
ARTICLE 118.
The National Security Council shall be composed of the Prime Minister, the
Chief of the General Staff, the Ministers of National Defence, Internal
Affairs, and Foreign Affairs, the Commanders of the Army, Navy, and the Air
Force, and the General Commander of the Gendarmerie , under the
chairmanship of the President of the Republic.
Depending on the particulars of the agenda, Ministers and other persons
concerned may be invited to meetings of the Council and their views be
heard.

The National Security Council shall submit to the Council of Ministers its
views on taking decisions and ensuring necessary co ordination with regard to
the formulation, establishment, and implementation of the national security
policy of the State. The Council of Ministers shall give priority consideration
to the decisions of the National Security Council c oncerning the measures
that it deems necessary for the preservation of the existence and
independence of the State, the integrity and indivisibility of the country,
and the peace and security of society.
The agenda of the National Security Council shall b e drawn up by the
President of the Republic taking into account the p roposals of the Prime
Minister and the Chief of the General Staff.
In the absence of the President of the Republic, the National Security
Council shall meet under the chairmanship of the Pr ime Minister.
The organisation and duties of the General Secretariat of the National
Security Council shall be regulated by law.
III.Procedure Governing Emergency Rule
A.States of Emergency
1.Declaration of a State of Emergency on Account of a N atural Disaster or
Serious Economic Crisis.
ARTICLE 119.
In the event of natural disaster, dangerous epidemic diseases, or a serious
economic crisis, the Council of Ministers, meeting under the chairmanship of
the President of the Republic, may declare a state of emergency in one or
more regions or throughout the country for a period not exceeding six
months.
2.Declaration of a State of Emergency on Account of Wid espread Acts of
Violence and Serious Deterioration of Public Order.
ARTICLE 120.
In the event of the emergence of serious indications of widespread acts of
violence aimed at the destruction of the free democ ratic order established
by the Constitution or of fundamental rights and freedoms, or serious
deterioration of public order because of acts of violence, the Council of
Ministers, meeting under the chairmanship of the Pr esident of the Republic,
after consultation with the National Security Council, may declare a state of
emergency in one or more regions or throughout the country for a period
not exceeding six months.

3.Rules Relating to the States of Emergency
ARTICLE 121.
In the event of a declaration of a state of emergency under the provisions of
Articles 119 and 120 of the Constitution this decision shall be published in
the Official Gazette and shall be submitted immedia tely to the Turkish
Grand National Assembly for approval. If the Turkish Grand National
Assembly is in recess, it shall be summoned immedia tely. The Assembly may
alter the duration of the state of emergency, extend the period for a
maximum of four months each time at the request of the Council of
Ministers, or may lift the state of emergency.
The financial, material, and labour obligations which are to be imposed on
citizens in the event of the declaration of state of emergency under Article
119, and, applicable according to the nature of eac h kind of state of
emergency, the procedures as to how fundamental rig hts and freedoms shall
be restricted or suspended in line with the principles of Article 15, how and
by what means the measures necessitated by the situ ation shall be taken,
what sort of powers shall be conferred on public servants, what kind of
changes shall be made in the status of officials, and the procedure
governing emergency rule shall be regulated by the Law on State of
Emergency.
During the state of emergency, the Council of Ministers meeting under the
chairmanship of the President of the Republic, may issue decrees having
force of law on matters necessitated by the state of emergency. These
decrees shall be published in the Official Gazette, and shall be submitted to
the Turkish Grand National Assembly on the same day for approval; the time
limit and procedure for their approval by the Assembly shall be indicated in
the Rules of Procedure.
B.Martial Law, Mobilisation, and State of War
ARTICLE 122.
The Council of Ministers, under the chairmanship of the President of the
Republic, after consultation with the National Security Council, may declare
martial law in one or more regions or throughout th e country for a period
not exceeding six months, in the event of widesprea d acts of violence which
are more dangerous than the cases necessitating a state of emergency and
which are aimed at the destruction of the free demo cratic order or the
fundamental rights and freedoms embodied in the Con stitution; or in the
event of war, the emergence of a situation necessitating war, an uprising,

or the spread of violent and strong rebellious actions against the motherland
and the Republic, or widespread acts of violence of either internal or
external origin threatening the indivisibility of the country and the nation.
This decision shall be published immediately in the Official Gazette, and
shall be submitted for approval to the Turkish Gran d National Assembly, on
the same day. If the Turkish Grand National Assembl y is in recess, it shall be
summoned immediately. The Turkish Grand National As sembly may, when it
deems necessary, reduce or extend the period of martial law or lift it.
During the period of martial law, the Council of Ministers meeting under the
chairmanship of the President of the Republic may i ssue decrees having
force of law on matters necessitated by the state of martial law.
These decrees shall be published in the Official Gazette and shall be
submitted for approval to the Turkish Grand Nationa l Assembly on the same
day. The time limit and procedures for their approval by the Assembly shall
be indicated in the Rules of Procedure.
Extension of the period of martial law for a maximu m of four months each
time, shall require a decision of the Turkish Grand National Assembly. In the
event of a state of war, the limit of four months does not apply.
In the events of martial law, mobilisation, and state of war, the provisions
to be applied, and conduct of affairs, the relations with the administration,
the manner in which freedoms are to be restricted o r suspended, and the
obligations to be imposed on the citizens in a state of war, or in the event
of emergence of a situation necessitating war, shal l be regulated by law.
The Martial Law Commanders shall exercise their dut ies under the authority
of the Office of the Chief of the General Staff.
IV.Administration
A.Fundamentals of the Administration
1.Integral Unity and Public Legal Personality of the Ad ministration
ARTICLE 123.
The administration forms a whole with regard to its structure and functions,
and shall be regulated by law.
The organisation and functions of the administration are based on the
principles of centralization and local administration.

Public corporate bodies shall be established only by law, or on the authority
expressly granted by law.
ARTICLE 124.
The Prime Ministry, the ministries, and public corp orate bodies may issue
bylaws in order to ensure the application of laws and regulations relating to
their particular fields of operation, provided that they are not contrary to
these laws and regulations. The law shall designate which bylaws are to be
published in the Official Gazette.
B.Recourse to Judicial Review
ARTICLE 125.
Recourse to judicial review shall be open against all actions and acts of the
administration.
The acts of the President of the Republic in his own competence, and the
decisions of the Supreme Military Council are outsi de the scope of judicial
review.
In suits filed against administrative acts, statute of limitations shall start
from the date of written notification.
Judicial power is limited to the verification of th e conformity of the actions
and acts of the administration with law. No judicia l ruling shall be passed
which restricts the exercise of the executive function in accordance with
the forms and principles prescribed by law, which h as the quality of an
administrative action and act, or which removes dis cretionary powers.
If the implementation of an administrative act woul d result in damages
which are difficult or impossible to compensate, and at the same time this
act is clearly unlawful, then a stay of execution may be decided upon,
stating the reasons therefore.
The law may restrict the issuing of stay of execution orders in cases of state
of emergency, martial law, mobilisation, and state of war, and for reasons
of national security, public order, and public health.
The administration shall be liable to compensate fo r damages resulting from
its actions and acts.
C.Organisation of the Administration

1.Central Administration
ARTICLE 126.
In terms of central administrative structure, Turkey is divided into provinces
on the basis of geographical situation and economic conditions, and public
service requirements; provinces are further divided into lower steps of
administrative districts.
The administration of the provinces is based on the principle of devolution
of wide powers.
Central administrative organisations comprising sev eral provinces may be
established to ensure efficiency and coordination of public services. The
functions and powers of this organisation shall be regulated by law.
2. Local Administrations
ARTICLE 127.
Local administrative bodies are public corporate en tities established to
meet the common local needs of the inhabitants of p rovinces, municipal
districts, and villages, whose decision-making organs are elected by the
electorate described in law, and whose principles o f structure are also
determined by law.
The formation, duties, and powers of the local admi nistration shall be
regulated by law in accordance with the principle of local administration.
The elections for local administrative bodies shall be held every five years in
accordance with the principles set forth in Article 67 of the Constitution.
Special administrative arrangements may be introduc ed for larger urban
areas.
The procedures dealing with objections to the acquisition by elected organs
of local government of their status as an organ, and their loss of such status,
shall be resolved by the judiciary. However as a pr ovisional measure, the
Minister of Internal Affairs may remove from office those organs of local
administration or their members against whom invest igation or prosecution
has been initiated on grounds of offences related to their duties, pending
judgement.
The central administration has the power of adminis trative trusteeship over
the local governments in the framework or principles and procedures set
forth by law with the objective of ensuring the functioning of local services

in conformity with the principle of the integral unity of the administration,
securing uniform public service, safeguarding the p ublic interest, and
meeting local needs, in an appropriate manner.
The formation of local administrative bodies into a union with the
permission of the Council of Ministers for the purpose of performing specific
public services; and the functions, powers, financi al and security
arrangements of these unions, and their reciprocal ties and relations with
the central administration, shall be regulated by law. These administrative
bodies shall be allocated financial resources in proportion to their functions.
D.Provisions Relating to Public Servants
1.General Principles
ARTICLE 128.
The fundamental and permanent functions required by the public services
that the State, state economic enterprises, and other public corporate
bodies are assigned to perform, in accordance with principles of general
administration, shall be carried out by public servants and other public
employees.
The qualifications of public servants and other pub lic employees,
procedures governing their appointments, duties and powers, their rights
and responsibilities, salaries and allowances, and other matters related to
their status shall be regulated by law.
The procedure and principles governing the training of senior administrators
shall be specially regulated by law.
2.Duties and Responsibilities, and Guarantees During Dis ciplinary
Proceedings
ARTICLE 129.
Public servants and other public employees are obliged to carry out their
duties within loyalty to the Constitution and the laws.
Public servants, other public employees and members of public professional
organisations or their higher bodies shall not be subjected to disciplinary
penalty without their being granted the right of de fence.
Disciplinary decisions shall be subject to judicial review, with the exception
of warnings and reprimands.

Provisions concerning the members of the Armed Forces, judges, and
prosecutors are reserved.
Actions for damages arising from faults committee by public servants and
other public employees in the exercise of their duties shall be brought only
against the administration in accordance with the p rocedures and conditions
prescribed by law, and subject to recourse to them.
Prosecution of public servants and other public employees for alleged
offences shall be subject, except in cases prescribed by law, to the
permission of the administrative authority designat ed by law.
E.Institutions of Higher Education and their Higher Bod ies
1.Institutions of Higher Education
ARTICLE 130.
For the purpose of training manpower under a system of contemporary
education and training principles and meeting the needs of the nation and
the country, universities comprising several units will be established by the
State and by law as public corporations having auto nomy in teaching,
assigned to educate, train at different levels after secondary education, and
conduct research, to act as consultants, to issue p ublications, and to serve
the country and humanity.
Institutions of higher education, under the supervi sion and control of the
State, can be established by foundations in accorda nce with the procedures
and principles set forth in the law provided they do not pursue lucrative
aims.
The law shall provide for a balanced geographical d istribution of universities
throughout the country.
Universities, members of the teaching staff, and their assistants may freely
engage in all kinds of scientific research and publication. However, this shall
not include the liberty to engage in activities directed against the existence
and independence of the State, and against the inte grity and indivisibility of
the nation and the country.
Universities and units attached to them are under the control and
supervision of the State and their security is ensured by the State.

University rectors shall be appointed by the President of the Republic, and
faculty deans by the Higher Education Council, in a ccordance with the
procedures and provisions of the law.
The administrative and supervisory organs of the un iversities and the
teaching staff may not for any reason whatsoever be removed from their
office by authorities other than those of the competent organs of the
university or by the Higher Education Council.
The budgets drawn up by universities, after being e xamined and approved
by the Higher Education Council shall be presented to the Ministry of
National Education, and shall be put into effect and supervised in
conformity with the principles applied to general a nd subsidiary budgets.
The establishment of institutions of higher education and their organs, their
functioning and elections, their duties, authorities, and responsibilities, the
procedures to be followed by the State in the exerc ise of the right to
supervise and inspect the universities, the duties of the teaching staff, their
titles, appointments, promotions and retirement, th e training of the
teaching staff, the relations of the universities and the teaching staff with
public institutions and other organisations, the le vel and duration of
education, admission of students into institutions of higher education,
attendance requirements and fees, principles relati ng to assistance to be
provided by the State, disciplinary and penalty matters, financial affairs,
personnel rights, conditions to be conformed with b y the teaching staff, the
assignment of the teaching staff in accordance with interuniversity
requirements, the pursuance of training and educati on in freedom and
under guarantee and in accordance with the requirem ents of contemporary
science and technology, and the use of financial resources provided by the
State to the Higher Education Council and the unive rsities, shall be
regulated by law.
Institutions of higher education established by foundations shall be subject
to the provisions set forth in the Constitution for State institutions of higher
education, as regards the academic activities, recr uitment of teaching staff
and security, excepting the financial and administr ative matters.
2.Superior Bodies of Higher Education
ARTICLE 131.
The Higher Education Council shall be established t o plan, organise,
administer, and supervise the education provided by institutions of higher

education, to orient the activities of teaching, education and scientific
research, to ensure the establishment and developme nt of these institutions
in conformity with the objectives and principles set forth by law, to ensure
the effective use of the resources allotted to the universities, and to plan
the training of the teaching staff.
The Higher Education Council is composed of members appointed by the
President of the Republic from among the candidates who are nominated by
the Council of Ministers, the Chief of the General Staff and the universities,
and in accordance with the numbers, qualifications and procedure
prescribed by law, priority being given to those who have served
successfully as faculty members or rectors, and of members directly
appointed by the President of the Republic himself.
The organisation, functions, authority, responsibility and operating
principles of the Council shall be regulated by law .
3.Institutions of Higher Education Subject to Special Provisions
ARTICLE 132.
Institutions of Higher Education attached to the Turkish Armed Forces and
to the security organisation are subject to the provisions of their respective
special laws.
F.Radio and Television Administration and News Agencies w ith State
Connection
ARTICLE 133.
Radio and television stations shall be established only by the State, and shall
be administered by an impartial corporate body.
The law shall provide that broadcasts are made in a manner to safeguard
the existence and independence of the Turkish State , the indivisible
integrity of the country and the nation, the peace of society, public morals,
and the fundamental characteristics of the Republic as outlined in Article 2
of the Constitution; and, it shall observe the principle of impartiality in the
administration and supervision of the Corporation, in the formation of its
administrative organs, and in all radio and television broadcasts.
The principles governing the selection, treatment a nd presentation of news
and programmes, the fulfillment of the task to aid the national culture and
education, and the principles of ensuring the accuracy of the news; and the

election, functions, and responsibilities of the organs shall be regulated by
law.
The provisions of paragraph 2 above shall also appl y to those news agencies
having the character of state economic enterprises and to those receiving
financial aid from the State or other public corporate bodies.
G.The Ataturk High Institution of Culture, Language, and History
ARTICLE 134.
The “Ataturk High Institution of Culture, Language, and History” shall be
established, as a public corporate body, under the moral aegis of Ataturk,
under the supervision and with the support of the P resident of the Republic,
attached to the Office of the Prime Minister, and composed of the Ataturk
Center of Research, the Turkish Language Society, t he Turkish Historical
Society, and the Ataturk Cultural Center, in order to conduct scientific
research, to produce publications and to disseminat e information on the
thought, principles, and reforms of Ataturk, Turkish culture, Turkish history,
and the Turkish language.
The financial income of the Turkish Language Societ y and Turkish Historical
Society, bequeathed to them by Ataturk in his will, are reserved and shall
be allocated to them accordingly.
The establishment, organs, operating procedures, an d personnel matters of
the Ataturk High Institution of Culture, Language, and History, and its
authority over the institutions within it, shall be regulated by law.
H.Public Professional Organisations
ARTICLE 135.
Public professional organisations and their higher organisations are public
corporate bodies established by law, with the objec tives to meet the
common needs of the members of a given profession, to facilitate their
professional activities, to ensure the development of the profession in
keeping with the common interests, to safeguard pro fessional discipline and
ethics in order to ensure integrity and trust in relations among its members
and with the public; their organs shall be elected by secret ballot by their
members in accordance with the procedure set forth in the law, and under
judicial supervision.

Persons regularly employed in public institutions, or in state economic
enterprises, shall not be required to become member of public professional
organisations.
Public professional organisations shall not engage in activities outside the
aims for which they were established, nor shall the y engage in political
activities or take joint action with political parties, labour unions, or
associations.
Political parties, labour unions and their higher b odies shall not nominate
candidates in elections for the organs of public pr ofessional organisations or
their higher bodies, nor shall they engage in activities or propaganda for or
against particular candidates.
Public professional organisations shall be subject to administrative and
financial supervision of the State as prescribed by law.
The responsible organs of public professional organ isations which engage in
activities beyond their objectives or in political activities, shall be dissolved
by a court decision, at the request of the authorit y designated by law; and
new organs shall be elected in their place.
In respect of safeguarding the existence and indepe ndence of the Turkish
State, the indivisible integrity of the country and nation, the peace of
society, and, preventing the activities threatening the fundamental
characteristics of the State as defined in the Constitution, the highest local
administrator may, in the event delay is deemed pre judicial, temporarily
remove these organs from office.
The decision to remove from office shall be communi cated to the court
within ten days. The court shall decide within ten days at the latest whether
the decision of removal from office is justified.
I.Department of Religious Affairs
ARTICLE 136.
The Department of Religious Affairs, which is withi n the general
administration, shall exercise its duties prescribed in its particular law, in
accordance with the principles of secularism, remov ed from all political
views and ideas, and aiming at national solidarity and integrity.
J.Unlawful Orders
ARTICLE 137.

A person employed in public services, irrespective of his position or status
when he finds an order given by his superiors to be contrary to the
provisions of bylaws, regulations, laws, or the Constitution shall not carry it
out, and shall inform the person giving the order o f this inconsistency.
However, if his superior insists on the order and renews it in writing, this
order shall be executed; in this case the person ex ecuting the order shall
not be held responsible.
An order which in itself constitutes an offence shall under no circumstances
be executed; the person who executes such an order shall not evade
responsibility.
Exceptions designated by law relating to the execution of military duties
and the protection of public order or public security in urgent situations are
reserved.
PART THREE JUDICIAL POWER
I.General Provisions
A.Independence of the Courts
ARTICLE 138.
Judges shall be independent in the discharge of the ir duties; they shall give
judgement in accordance with the Constitution, law, and their personal
conviction conforming with the law.
No organ, authority, office, or individual may give orders or instructions to
courts or judges relating to the exercise of judicial power, or send them
circulars, make recommendations or suggestions.
No question shall be asked, debated held, or statem ent made in the
Legislative Assembly relating to the exercise of judicial power concerning a
case under trial.
Legislative and executive organs and the administra tion shall comply with
court decisions; these organs and the administration shall neither alter them
in any respect, nor delay their execution.
B.Security of Tenure of Judge and Public Prosecutors
ARTICLE 139.
Judges and public prosecutors shall not be dismisse d, or retired before the
age prescribed by the Constitution; nor shall they be deprived of their

salaries, allowances or other rights relating to their status, even as a result
of the abolition of court or post.
Exceptions indicated in law relating to those convi cted for an offence
requiring dismissal from the profession, those who are definitely established
as unable to perform their duties on account of ill health, and those
determined unsuitable to remain in the profession, are reserved.
C.Judges and Public Prosecutors
ARTICLE 140.
Judges and public prosecutors shall serve as judges and public prosecutors
of courts of justice and of administrative courts. These duties shall be
carried out by career judges and public prosecutors .
Judges shall discharge their duties in accordance with the principles of the
independence of the courts and the security of tenu re of judges.
The qualifications, appointment, rights and duties, salaries and allowances
of judges and public prosecutors, their promotion, temporary or permanent
change of their duties or posts, the initiation of disciplinary proceedings
against them and the subsequent imposition of disci plinary penalties, the
conduct of investigation concerning them and the su bsequent decision to
prosecute them on account of offences committed in connection with, or in
the course of, their duties; the conviction for offences or instances of
incompetence requiring their dismissal from the pro fession, their in-service
training and other matters relating to their personnel status shall be
regulated by law in accordance with the principles of the independence of
the courts and the security of tenure of judges.
Judges and public prosecutors shall exercise their duties until they complete
the age of sixty-five; the age limit, promotion, and the retirement of
military judges shall be prescribed by law.
Judges and public prosecutors shall not assume offi cial or public functions
other than those prescribed by law.
Judges and public prosecutors shall be attached to the Ministry of Justice
insofar as their administrative functions are concerned.
Those judges and public prosecutors working in admi nistrative posts of the
justice service shall be subject to the same provisions as other judges and
public prosecutors. Their categories and grades sha ll be determined

according to the principles applying to judges and public prosecutors, and
they shall enjoy all the rights accorded to judges and public prosecutors.
D.Publicity of the Hearings and Verdict Justification
ARTICLE 141.
Court hearings shall be open to the public. It may be decided to conduct all
or part of the hearings in closed session only in cases where required
absolutely for reasons of public morality or public security.
Special provisions shall be provided in the law with respect to the trial of
minors.
The decisions of all courts shall be made in writing with a statement of
justification.
It is the duty of the judiciary to conclude trials as quickly as possible and at
the minimum cost.
E.Organisation of Courts
ARTICLE 142.
The organisation, functions and jurisdictions of th e courts, their functioning,
and trial procedures shall be regulated by law.
F.Courts of the Security of the State
ARTICLE 143.
Courts of the Security of the State shall be established to deal with offences
against the indivisible integrity of the State with its territory and nation, the
free democratic order, or against the Republic whos e characteristics are
defined in the Constitution, and offences directly involving the internal and
external security of the State.
The Court of the Security of the State shall consist of a President, two
regular and two substitute members, one public pros ecutor, and a sufficient
number of deputy public prosecutors.
The President, one regular and one substitute membe r and the public
prosecutor from among first category judges and public prosecutors; one
regular and one substitute member from among first category military
judges; and deputy public prosecutors from among pu blic prosecutors of the

Republic and military judges, shall be appointed in accordance with
procedures prescribed by their special laws.
The President, members and substitute members, and public prosecutors
and deputy public prosecutors of the Court of the Security of the State shall
be appointed for four years; those whose term of of fice expires may be
reappointed.
The High Court of Appeals is the competent authorit y to examine appeals
against the verdicts of the Court of the Security of the State.
Other provisions relating to the functioning, the d uties and jurisdiction and
the trial procedures of the Court of the Security o f the State shall be
prescribed by law.
In the event of declaration of martial law within the regions under the
jurisdiction of a Court of the Security of the State, the latter may be
transformed, in accordance with the provisions pres cribed by law, into a
Martial Law Military Tribunal with jurisdiction restricted to these regions.
G.Supervision of Judges and Public Prosecutors
ARTICLE 144.
Supervision of judges and public prosecutors with r egard to the performance
of their duties in accordance with laws, regulations, bylaws and circulars
(administrative circulars, in the case of judges), investigation into whether
they have committed offences in connection with, or in the course of, their
duties, whether their behaviour and attitude are in conformity with their
status and duties and if necessary, inquiry and investigations concerning
them shall be made by judiciary inspectors with the permission of the
Ministry of Justice. The Minister of Justice may request the investigation or
inquiry to be conducted by a judge or public prosec utor who is senior to the
judge or public prosecutor to be investigated.
H.Military Justice
ARTICLE 145.
Military justice shall be exercised by military courts and military disciplinary
courts. These courts shall have jurisdiction to try military personnel for
military offences, for offences committed by them a gainst other military
personnel or in military places, or for offences connected with military
service and duties.

Military courts also have jurisdiction to try nonmilitary persons for military
offences specified in the special law; and for offe nces committed while
performing their duties specified by law, or agains t military personnel on
military places specified by law.
The offences and persons falling within the jurisdiction of military courts in
time of war or under martial law, their organisatio n and the appointment,
where necessary, of judges and public prosecutors f rom courts of justice to
military courts shall be regulated by law.
The organisation of military judicial organs, their functions, matters relating
to the status of military judges, relations between military judges acting as
military prosecutors and the office of commander un der which they serve,
shall be regulated by law in accordance with the principles of the
independence of courts and the security of tenure o f judges and with the
requirements of military service. Relations between military judges and the
office of commander under which they serve, regardi ng the requirements of
military service apart from the judicial functions, shall also be prescribed by
law.
II.Higher Courts
A.The Constitutional Court
1.Organisation
ARTICLE 146.
The Constitutional Court shall be composed of eleve n regular and four
substitute members.
The President of the Republic shall appoint two regular and two substitute
members from the High Court of Appeals, two regular and one substitute
member from the Council of State, and one member ea ch from the Military
High Court of Appeals, the High Military Administrative Court and the Audit
Court, three candidates being nominated for each va cant office by the
Plenary Assemblies of each court from among their respective presidents
and members, by an absolute majority of the total n umber of members; the
President of the Republic shall also appoint one member from a list of three
candidates nominated by the Higher Education Counci l from among
members of the teaching staff of institutions of higher education who are
not members of the Council, and three members and o ne substitute member
from among senior administrative officers and lawyers.

To qualify for appointments as regular or substitute members of the
Constitutional Court, members of the teaching staff of institutions of higher
education, senior administrative officers and lawyers shall be required to be
over the age of forty and to have completed their h igher education, or to
have served at least fifteen years as a member of the teaching staff of
institutions of higher education or to have worked actually at least fifteen
years in public service or to have practiced as a lawyer for at least fifteen
years.
The Constitutional Court shall elect a President an d Deputy President from
among its regular members for a term of four years by secret ballot and by
an absolute majority of the total number of members . They may be
reelected at the end of their term of office.
The members of the Constitutional Courts shall not assume other official
and private functions, besides their main functions.
2. Termination of Membership
ARTICLE 147.
The members of the Constitutional Court shall retir e on reaching the age of
sixty-five.
Membership in the Constitutional Court shall termin ate automatically if a
member is convicted of an offence requiring his dismissal from the judicial
profession; it shall terminate by a decision of an absolute majority of the
total number of members of the Constitutional Court if it is definitely
established that he is unable to perform his duties on account of ill health.
3.Functions and Powers
ARTICLE 148.
The Constitutional Court shall examine the constitu tionality in respect of
both form and substance of laws, decrees having for ce of law, and the Rules
of Procedure of the Turkish Grand National Assembly . Constitutional
amendments shall be examined and verified only with regard to their form.
However, no action shall be brought before the Constitutional Court alleging
the unconstitutionality as to the form or substance of decrees having force
of law, issued during a state of emergency, martial law or in time of war.
The verification of laws as to form shall be restricted to consideration of
whether the requisite majority was obtained in the last ballot; the
verification of constitutional amendments shall be restricted to

consideration of whether the requisite majorities were obtained for the
proposal and in the ballot, and whether the prohibition on debates under
urgent procedure was complied with. Verification as to the form may be
requested by the President of the Republic or by one-fifth of the members
of the Turkish Grand National Assembly. Application s for annulment on the
grounds of defect in form shall not be made more th an ten days after the
date on which the law was promulgated; nor shall ob jection be raised.
The President of the Republic, members of the Counc il of Ministers,
presidents and members of the Constitutional Court, of the High Court of
Appeals, of the Council of State, of the Military High Court of Appeals, of
the High Military Administrative Court of Appeals, their Chief Public
Prosecutors, Deputy Public Prosecutors of the Repub lic, and the presidents
and members of the Supreme Council of Judges and Pu blic Prosecutors, and
of the Audit Court shall be tried for offences relating to their functions by
the Constitutional Court in its capacity as the Sup reme Court.
The Chief Public Prosecutor of the Republic or Depu ty Chief Public
Prosecutor of the Republic shall act as public prosecutor in the Supreme
Court.
The judgements of the Supreme Court shall be final.
The Constitutional Court shall also perform the other functions given to it by
the Constitution.
4.Functioning and Trial Procedure
ARTICLE 149.
The Constitutional Court shall convene with its President and ten members,
and shall take decisions by absolute majority. Decision of annulment of
Constitutional amendments shall be taken by a two-t hirds majority.
The Constitutional Court shall give priority to the consideration of, and to
decisions on, applications for annulment on the gro und of defect in form.
The organisation and trial procedures of the Constitutional Court shall be
determined by law; its method of work and the divis ion of labour among its
members shall be regulated by the Rules of Procedur e made by the Court.
The Constitutional Court shall examine cases on the basis of files, except
where it acts as the Supreme Court. However, when i t deems necessary, it

may call on those concerned and those having knowledge relevant to the
case, to present oral explanations.
5.Annulment Action
ARTICLE 150.
The President of the Republic, Parliamentary groups of the party in power
and of the main opposition party and a minimum of o ne-fifth of the total
number of members of the Turkish Grand National Ass embly shall have the
right to apply for annulment action to the Constitutional Court, based on
the assertion of the unconstitutionality of laws in form and in substance, of
decrees having force of law, of Rules of Procedure of the Turkish Grand
National Assembly or of specific articles or provisions thereof. If more than
one political party is in power, the right of the parties in power to apply for
annulment action shall be exercised by the party ha ving the greatest
number of members.
6.Time Limit for Annulment Action
ARTICLE 151.
The right to apply for annulment directly to the Constitutional Court shall
lapse sixty days after the publication in the Official Gazette of the
contested law, the decree having force of law, or t he Rules of Procedure.
7.Contention of Unconstitutionality before Other Courts
ARTICLE 152.
If a court which is trying a case finds that the law or the decree having force
of law to be applied is unconstitutional, or if it is convinced of the
seriousness of a claim of unconstitutionality submi tted by one of the parties,
it shall postpone the consideration of the case until the Constitutional Court
decides on this issue.
If the court is not convinced of the seriousness of the claim of
unconstitutionality, such a claim together with the main judgement shall be
decided upon by the competent authority of appeal.
The Constitutional Court shall decide on the matter and make public its
judgement within five months of receiving the conte ntion. If no decision is
reached within this period, the trial court shall conclude the case under
existing legal provisions. However, if the decision on the merits of the case
becomes final, the trial court is obliged to comply with it.

No allegation of unconstitutionality shall be made with regard to the same
legal provision until ten years elapse after the publication in the Official
Gazette of the decision of the Constitutional Court dismissing the
application on its merits.
8.Decisions of the Constitutional Court
ARTICLE 153.
The decisions of the Constitutional Court are final. Decisions of annulment
cannot be made public without a written statement o f reasons.
In the course of annulling the whole or a provision of laws or decrees having
force of law, the Constitutional Court shall not act as a lawmaker and pass
judgement leading to new implementation.
Laws, decrees having force of law, or the Rules of Procedure of the Turkish
Grand National Assembly or provisions thereof, shal l cease to have that
effect from the date of publication in the Official Gazette of the annulment
decision. Where necessary, the Constitutional Court may also decide on the
date on which the annulment decision shall come int o effect. That date
shall not be more than one year from the date of the publication of the
decision in the Official Gazette.
In the event of the postponement of the date on whi ch an annulment
decision is to come into effect, the Turkish Grand National Assembly shall
debate and decide with priority on the draft bill or a law proposal, designed
to fill the legal void arising from the annulment decision.
The annulment decision cannot have retroactive effe ct.
Decisions of the Constitutional Court shall be published immediately in the
Official Gazette, and shall be binding on the legislative, executive, and
judicial organs, on the administrative authorities, and on persons and
corporate bodies.
B.The High Court of Appeals
ARTICLE 154.
The High Court of Appeals is the last instance for reviewing decisions and
judgements given by courts of justice and which are not referred by law to
other judicial authority. It shall also be the first and last instance for
dealing with specific cases prescribed by law.

Members of the High Court of Appeals shall be appointed by the Supreme
Council of Judges and Public Prosecutors from among the first category of
judges and public prosecutors of the Republic of the courts of justice, or
those considered to be members of this profession, by secret ballot and by
an absolute majority of the total number of members .
The First President, first deputy presidents and heads of division shall be
elected by the Plenary Assembly of the High Court o f Appeals from among
its own members, for a term of four years, by secret ballot and by an
absolute majority of the total number of members; t hen may be reelected
at the end of their term of office.
The Chief Public Prosecutor of the Republic and the Deputy Chief Public
Prosecutor of the Republic of the High Court of Appeals shall be appointed
by the President of the Republic for a term of four years from among five
candidates nominate for each office by the Plenary Assembly of the High
Court of Appeals from among its own members by secr et ballot. They may
be reelected at the end of their term of office.
The organisation, the functioning, the qualifications and procedures of
election of the President, deputy presidents, the h eads of division and
members and the Chief Public Prosecutor of the Repu blic and the Deputy
Chief Public Prosecutor of the Republic of the High Court of Appeals shall be
regulated by law in accordance with the principles of the independence of
courts and the security of tenure of judges.
C.Council of State
ARTICLE 155.
The Council of State is the last instance for reviewing decisions and
judgements given by administrative courts and which are not referred by
law to other administrative courts. It shall also be the first and last instance
for dealing with specific cases prescribed by law.
The Council of State shall try administrative cases , give its opinions on draft
legislation submitted by the Prime Minister and the Council of Ministers,
examine draft regulations and the conditions and co ntracts under which
concessions are granted, settle administrative disputes, and discharge other
duties as prescribed by law.
Three-fourths of the members of the Council of Stat e shall be appointed by
the Supreme Council of Judges and Public Prosecutor s from among the first
category administrative judges and public prosecutors, or those considered

to be of this profession; and the remaining one-fourth of the members by
the President of the Republic from among officials meeting the
requirements designated by law.
The President, Chief Public Prosecutor, deputy pres ident, and heads of
division of the Council of State shall be elected by the Plenary Assembly of
the Council of State from among its own members for a term of four years
by secret ballot and by an absolute majority of the total number of
members. They may be reelected at the end of their term of office.
The organisation, the functioning, the qualifications and procedures of
election of the President, the Chief Public Prosecu tor, the deputy presidents
and the heads of division and the members of the Co uncil of State, shall be
regulated by law in accordance with the principles of specific nature of the
administrative jurisdiction, and of the independenc e of the courts and the
security of tenure of judges.
D.Military High Court of Appeals
ARTICLE 156.
The Military High Court of Appeals is the last instance for reviewing
decisions and judgements given by military courts. It shall also be the first
and last instance for dealing with specific cases designated by law
concerning military personnel.
Members of the Military High Court of Appeals shall be appointed by the
President of the Republic from among three candidat es nominated for each
vacant office by the Plenary Assembly of the Military High Court of Appeals
from among military judges of the first category, b y secret ballot and by an
absolute majority of the total number of members.
The President, Chief Public Prosecutor, second pres idents and heads of
division of the Military High Court of Appeals shall be appointed according to
rank and seniority from among the members of the Mi litary High Court of
Appeals.
The organisation, the functioning of the Military High Court of Appeals, and
disciplinary and personnel matters relating to the status of its members
shall be regulated by law in accordance with the pr inciples of the
independence of the courts and the security of tenu re of judges and with
the requirements of military service.
E. High Military Administrative Court of Appeals

ARTICLE 157.
The High Military Administrative Court of Appeals shall be the first and last
instance for the judicial supervision of disputes arising from administrative
acts and actions involving military personnel or re lating to military service,
even if such acts and actions have ben carried out by civilian authorities.
However, in disputes arising from the obligation to perform military service,
there shall be no condition that the person concern ed be a member of the
military body.
Members of the High Military Administrative Court o f Appeals who are
military judges shall be appointed by the President of the Republic from a
list of three candidates nominated for each vacant office by the President
and members of the Court, who are also military jud ges, by secret ballot
and by an absolute majority of the total number of such members, from
among military judges of the first category; member s who are not military
judges shall be appointed by the President of the Republic from a list of
three candidates nominated for each vacant office b y the Chief of the
General Staff from among officers holding the rank and qualifications
prescribed by law.
The term of office of members who are not military judges shall not exceed
four years.
The President, Chief Public Prosecutor and head of division of the Court
shall be appointed from among military judges accor ding to rank and
seniority.
The organisation and functioning of the High Military Administrative Court of
Appeals, its procedure, disciplinary affairs and other matters relating to the
status of its members shall be regulated by law in accordance with the
principles of the independence of the courts and th e security of tenure of
judges with the requirements of military service.
F.Jurisdictional Conflict Court
ARTICLE 158.
The Jurisdictional Conflict Court shall be empowere d to deliver final
judgements in disputes between courts of justice, a nd administrative and
military courts concerning their jurisdiction and decisions.
The organisation of the Jurisdictional Conflict Cou rt, the qualifications of its
members and the procedure for their election, and i ts functioning shall be

regulated by law. The Office of President of this Court shall be held by a
member delegated by the Constitutional Court from a mong its own members.
Decisions of the Constitutional Court shall take precedence in jurisdictional
disputes between the Constitutional Court and other courts.
III.Supreme Council of Judges and Public Prosecutors
ARTICLE 159.
The Supreme Council of Judges and Public Prosecutor s shall be established
and shall exercise its functions in accordance with the principles of the
independence of the courts and the security of tenu re of judges.
The President of the Council is the Minister of Justice. The Undersecretary
to the Minister of Justice shall be an ex-officio member of the Council.
Three regular and three substitute members of the C ouncil shall be
appointed by the President of the Republic for a term of four years from a
list of three candidates nominated for each vacant office by the Plenary
Assembly of the High Court of Appeals from among it s own members and
two regular and two substitute members shall be sim ilarly appointed from a
list of three candidates nominated for each vacant office by the Plenary
Assembly of the Council of State. They may be reele cted at the end of their
term of office. The Council shall elect a deputy president from among its
regular members.
The Supreme Council of Judges and Public Prosecutor s shall deal with the
admission of judges and public prosecutors of courts of justice and of
administrative courts into the profession, appointm ents, transfers to other
posts, the delegation of temporary powers, promotio n, and promotion to
the first category, the allocation of posts, decisions concerning those whose
continuation in the profession is found to be unsui table, the imposition of
disciplinary penalties and removal from office. It shall take final decisions
on proposals by the Ministry of Justice concerning the abolition of a court or
an office of judge or public prosecutor, or changes in the jurisdiction of a
court. It shall also exercise the other functions given to it by the
Constitution and laws.
There shall be no appeal to any judicial instance a gainst the decisions of the
Council.
The functioning of the Council and methods of perfo rming its duties, the
procedure governing election and working methods, t he principles relating

to the examination of objections within the Council shall be regulated by
law.
The Minister of Justice is empowered to appoint jud ges and public
prosecutors with their consent to temporary or perm anent functions in the
central offices of the Ministry of Justice.
The Minister of Justice may, in cases where delay is deemed prejudicial,
confer temporary powers on judges or public prosecu tors to prevent the
disruption of services, subject to the approval of the Supreme Council of
Judges and Public Prosecutors at its first meeting thereafter.
IV.Audit Court
ARTICLE 160.
The Audit Court shall be charged with auditing, on behalf of the Turkish
Grand National Assembly, all the accounts relating to the revenue,
expenditure and property of government departments financed by the
general and subsidiary budgets, with taking final decisions on the acts and
accounts of the responsible officials, and with exercising the functions
required of it by law in matters of inquiry, auditing and judgement. Parties
concerned may file a single request for reconsidera tion of a final decision of
the Audit Court within fifteen days of the date of written notification of the
decision. No applications for judicial review of such decisions shall be filed
in administrative courts.
In the event of a dispute between the Council of St ate and the Audit Court
concerning decisions on matters of taxation or similar financial obligations
and duties, the decision of the Council of State shall take precedence.
The organisation, functioning and auditing procedur e of the Audit Court, the
qualifications, appointment, duties and powers, rights and obligations of its
members, other matters relating to their personnel status, and the security
of tenure of the President and members shall be reg ulated by law. The
procedure for auditing, on behalf of the Turkish Grand National Assembly, of
State property in possession of the Armed Forces sh all be regulated by law
in accordance with the principles of secrecy required by National Defence.
PART FOUR FINANCIAL AND ECONOMIC PROVISIONS
CHAPTER ONE FINANCIAL PROVISIONS
I.Budget
A.Preparation and Implementation of the Budget
ARTICLE 161.

The expenditures of the State and those of public corporations other than
state economic enterprises shall be determined by a nnual budgets.
The beginning of the fiscal year and the preparation and implementation of
the general and subsidiary budgets shall be defined by law.
The law may prescribe special periods and procedure s for investments
relating to development plans, or for business and services expected to last
more than one year.
No provisions other than those pertaining to the bu dget shall be included in
the Budged Act.
B.Debate on the Budget
ARTICLE 162.
The Council of Ministers shall submit the draft of general subsidiary budgets
and the report containing the national budgetary es timates to the Turkish
Grand National Assembly at least seventy-five days before the beginning of
the fiscal year.
The draft budgets and the reports shall be considered by the Budget
Committee, which shall be composed of forty members . In the composition
of this Committee, the proportional representation of the various political
party groups and independent members in the Assembl y, shall be taken into
consideration subject to the allocation of at least twenty-five seats to
members of the party or parties in power.
The draft budget, which shall be adopted by the Bud get Committee within
fifty-five days, shall thereafter be considered by the Assembly and shall be
decided on before the beginning of the fiscal year.
Members of the Turkish Grand National Assembly shal l express their opinions
on ministerial, departmental and subsidiary budgets during the debates held
in Plenary Session on each budget as a whole; the various headings and
motions for amendments shall be read out and put to the vote without
separate debate.
During debates in the plenary session on the draft Budget Act, members of
the Turkish Grand National Assembly shall not make proposals which entail
an increase in expenditure or a decrease in revenue.
C.Principles Governing Budgetary Amendments

ARTICLE 163.
The appropriations granted under the general and subsidiary budgets shall
indicate the limit of expenditure allowed. No provisions shall be included in
the budget to the effect that the limit of expenditure may be exceeded in
pursuance of a decision of the Council of Ministers. The Council of Ministers
shall not be empowered to amend the budget by a dec ree having force of
law. In draft amendments entailing an increase in appropriations under the
budget for the current fiscal year and, in draft laws and law proposals
providing for additional financial commitments in t he budgets for the
current or following year, the financial resources which would meet the
stated expenditure shall be indicated.
D.Final Account
ARTICLE 164.
Draft final accounts shall be submitted to the Turk ish Grand National
Assembly by the Council of Ministers within seven m onths of the end of the
relevant fiscal year, unless a shorter period is prescribed by law. The Audit
Court shall submit its notice of conformity to the Turkish Grand National
Assembly within seventy-five days of the submission of the draft final
accounts in question.
The draft final accounts shall be placed on the agenda of the Budget
Committee together with the Draft Budget Act for th e new fiscal year. The
budget Committee shall submit the draft Budget Act to the Plenary
Assembly in conjunction with the draft final accounts; the Plenary Assembly
shall consider, and decide on, the draft final accounts in conjunction with
the draft Budget Act for the new fiscal year.
The submission of the draft final accounts and the notice of conformity to
the Turkish Grand National Assembly shall not prelu de the auditing of
accounts for the relevant year which have not alrea dy been dealt with by
the Audit Court and shall not indicate that a final decision has been taken
on these accounts.
E.Auditing of State Economic Enterprises
ARTICLE 165.
The principles governing the auditing, by the Turki sh Grand National
Assembly of the accounts of public establishments a nd partnerships in which
more than half of the capital directly or indirectly belongs to the State,
shall be regulated by law.

CHAPTER TWO ECONOMIC President of the RepublicOVISIONS
I. Planning
ARTICLE 166.
The planning of economic, social and cultural development, in particular
the speedy, balanced, and harmonious development of industry and
agriculture throughout the country, and the efficient use of national
resources on the basis of detailed analysis and assessment and the
establishment of the necessary organisation for thi s purpose are the duty of
the State.
Measures to increase national thriftiness and produ ction, to ensure stability
in prices and balance in foreign trade transactions, to promote investment
and employment, shall be included in the plan; in i nvestments, public
benefit and requirements shall be taken into accoun t; the efficient use of
resources shall be aimed at. Development activities shall be realised
according to this plan.
The procedure and principles governing the preparat ion of development
plans, their approval by the Turkish Grand National Assembly, their
implementation and their revision, and of the preve ntion of amendments
liable to affect the unity of the plan shall be regulated by law.
II.Supervision of Markets and Regulation of Foreign Tra de
ARTICLE 167.
The State shall take measures to ensure and promote the sound, orderly
functioning of the money, credit, capital, goods and services markets; and
shall prevent the formation, in practice or by agreement, of monopolies and
cartels in the markets.
In order to regulate foreign trade for the benefit of the economy of the
country, the Council of Ministers may be empowered by law to introduce or
lift additional financial impositions on imports, exports, and other foreign
transactions, in addition to tax and similar imposi tions.
III.Exploration and Exploitation of Natural Resources
ARTICLE 168.
Natural wealth and resources shall be placed under the control and at the
disposal of the State. The right to explore and exploit them belongs to the
State. The State may delegate this right to individuals or public corporations
for specific periods. Of the natural wealth and resources, those to be

explored and exploited by the State in partnership with individuals or public
corporations, and those to be directly explored and exploited by individuals
or public corporations shall be subject to the explicit permission of the law.
The conditions to be observed in such cases by indi viduals and public
corporations, the procedure and principles governin g supervision and control
by the State, and the sanctions to be applied shall be prescribed by law.
IV.Forests and the Inhabitants of Forest Villages
A.Protection and Development of Forests
ARTICLE 169.
The State shall enact the necessary legislation and take the necessary
measures for the protection of forests and the exte nsion of their areas.
Forest areas destroyed by fire shall be reforested; other agricultural and
stock breeding activities shall not be allowed in such areas. All forests shall
be under the care and supervision of the State.
The ownership of State forests shall not be transfe rred to others. State
forests shall be managed and exploited by the State in accordance with the
law. Ownership of these forests cannot be acquired through prescription,
nor shall servitude other than that in the public interest be imposed in
respect of such forests.
Act and actions which might damage forests shall no t be permitted. No
political propaganda which might lead to the destruction of forests shall be
made; no amnesties or pardons to be specifically granted for offences
against forests shall be legislated. Offences committed with the intention of
burning or destroying forests or reducing forest areas shall not be included
within the scope of amnesties or pardons on other o ccasions.
The restraining of forest boundaries shall be prohibited, except in respect of
areas whose preservation as forests is considered t echnically and
scientifically useless, but whose conversion into agricultural land has been
found definitely advantageous, and in respect of fi elds, vineyards, orchards,
olive groves, or similar areas which technically and scientifically ceased to
be forest before 31 December 1981 and whose use for agricultural or stock
breeding purposes has been found advantageous, and in respect of built up
areas in the vicinity of cities, towns, or villages.
B.Protection of the Inhabitants of Forest Villages
ARTICLE 170.

Measures shall be introduced by law to secure cooperation between the
State and the inhabitants of villages located in or near forests in the
supervision and exploitation of forests for the pur pose of ensuring their
conservation and improving the living conditions of their inhabitants; the
law shall also regulate the development of areas wh ich technically and
scientifically ceased to be forests before 31 December 1981, the
identification of areas whose preservation as forest is considered technically
and scientifically useless, their exclusion from forest boundaries, their
improvement by the State for the purpose of settlin g all or some of the
inhabitants of forest villages in them, and their allocation to these villages.
The State shall take measures to facilitate the acq uisition, by these
inhabitants, of farming equipment and other inputs.
The land owned by villager resettled outside a forest shall immediately be
reforested as a state forest.
V.Promotion of Cooperatives
ARTICLE 171.
The State shall take measures, in keeping with nati onal and economic
interests, to promote the development of cooperativ es, which shall be
primarily designed to increase production and protect consumers.
Cooperatives shall be subject in all respects to the supervision and
inspection of the State, and shall not engage in po litical activities and shall
not cooperate with political parties.
VI.Protection of Consumers, Small Traders, and Craftsm en
A.Protection of Consumers
ARTICLE 172.
The State shall take measures to protect and inform consumers; shall
encourage their initiatives to protect themselves.
B.Protection of Small Traders and Craftsmen
ARTICLE 173.
The State shall take measures to protect and suppor t small traders and
craftsmen.
PART FIVE MISCELLANEOUS President of the Republic OV ISIONS
I.Preservation of Reform Laws

ARTICLE 174.
No provision of the Constitution shall be construed or interpreted as
rendering unconstitutional the Reform Laws indicate d below, which aim to
raise Turkish society above the level of contemporary civilisation and to
safeguard the secular character of the Republic, and which were in force on
the date of the adoption by referendum of the Const itution of Turkey.
1. Act No. 430 of 3 March 1340 (1924) on the Unification of the
Educational System;
2. Act No. 671 of 25 November 1341 (1925) o n the Wearing of Hats;
3. Act No. 677 of 30 November 1341 (1925) on the Closure of Dervish
Convents and Tombs, the Abolition of the Office of Keeper of Tombs and the
Abolition and Prohibition of Certain Titles;
4. The principle of civil marriage according to which the marriage act
shall be concluded in the presence of the competent official, adopted with
the Turkish Civil Code No. 743 of 17 February 1926, and Article 110 of the
Code;
5. Act No. 1288 of 20 May 1928 on the Adoption of International
Numerals;
6. Act No. 1353 of 1 November 1928 on the A doption and Application of
the Turkish Alphabet;
7. Act No. 2590 of 26 November 1934 on the Abolition of Titles and
Appellations such as Efendi, Bey or Pasa;
8. Act No. 2596 of 3 December 1934 on the P rohibition of the Wearing
of Certain Garments.
PART SIX PROVISIONAL ARTICLES
PROVISIONAL ARTICLE 1.
On the proclamation, under lawful procedure, of the adoption by
referendum of the Constitution as the Constitution of the Republic of Turkey,
the Chairman of the Council of National Security an d Head of State at the
time of the referendum, shall assume the title of President of the Republic
and shall exercise the constitutional functions and powers of the President
of the Republic for a period of seven years. The oa th he took as Head of

State on 18 September 1980 shall remain valid. At the end of the period of
seven years the election for the Presidency of the Republic shall be held in
accordance with the provisions set forth in the Con stitution.
The President of the Republic shall also hold the chairmanship of the
Council of National Security formed on 12 December 1980 under Act No.
2356, until the convening of the Turkish Grand National Assembly and the
formation of the Bureau of the Assembly following t he first general elections.
If the Presidency of the Republic falls vacant for any reason before the
Turkish Grand National Assembly convenes and assume s its functions at the
end of the first general elections, the most senior member of the Council of
National Security shall act as President of the Rep ublic and shall exercise all
his constitutional functions and powers until the c onvening of the Turkish
Grand National Assembly and its election of a new P resident of the Republic
in accordance with the provisions of the Constitution.
PROVISIONAL ARTICLE 2.
The Council of National Security formed on 12 Decem ber 1980 under Act No.
2356 shall continue to exercise its functions under Act No. 2324 on the
Constitutional Order and Act No. 2485 on the Consti tuent Assembly until the
convening of the Turkish Grand National Assembly an d the formation of the
Bureau of the Assembly following the first general elections held under the
Political Parties Act and the Elections Act prepared in accordance with the
Constitution.
After the adoption of the Constitution, Article 3 of Act No. 2356 relating to
the procedure for filling a seat on the Council of National Security which
falls vacant for any reason, shall cease to apply.
After the Turkish Grand National Assembly has conve ned and assumed its
functions, the Council of National Security shall become the Presidential
Council for a period of six years, and the members of the Council of National
Security shall acquire the title of members of the Presidential Council. The
oath they took on 18 September 1980 as members of t he Council of National
Security shall remain valid. Members of the Presidential Council shall enjoy
the rights and immunity conferred by the Constituti on on members of the
Turkish Grand National Assembly. The legal existenc e of the Presidential
Council shall terminate on the expiry of the period of six years.
The following functions of the Presidential Council shall be as follows:

a.To examine laws adopted by the Turkish Grand National Assembly and
submitted to the President of the Republic concerning: the fundamental
rights and freedoms and duties, the principle of secularism, the
preservation of the reforms of Ataturk, national se curity and public order
set forth in the Constitution, the Turkish Radio and Television Corporation,
International Treaties, the sending of Armed Forces to foreign countries and
the stationing of foreign forces in Turkey, emergency rule, martial law and
the state of war, and other laws deemed necessary b y the President of the
Republic, within the first ten days of the period of fifteen days granted to
the President of the Republic for his consideration ;
b.On the request of the President of the Republic a nd within the period
specific by him:
To consider and give an opinion on matters relating to the holding of new
general elections, the exercise of emergency powers and the measures to be
taken during a state of emergency, the management a nd supervision of the
Turkish Radio and Television Corporation, the training of youth and the
conduct of religious affairs;
c.According to the request of the President of the Republic, to consider and
investigate matters relating to internal or external security and such other
matters as are deemed necessary, and to submit its findings to the President
of the Republic.
PROVISIONAL ARTICLE 3.
With the convening of the Turkish Grand National As sembly and the
formation of the Bureau of the Assembly following the first general elections
held in accordance with the Constitution:
a.Act No. 2324 of 27 October 1980 on the Constitutional Order;
b.Act No. 2356 of 12 December 1980 on the Council o f National Security;
c.Act No. 2485 of 29 June 1981 on the Constituent Assembly, shall cease to
have effect and the legal existence of the Council of National Security and
the Consultative Assembly shall terminate.
PROVISIONAL ARTICLE 4.
Provisional Article 4 of the Constitution of the Republic has been abolished
with a referendum held on 6 September 1987, in acco rdance with Law No:

3361 of 17 May 1987 and Law No: 3376 of 23 May 1987. The results of the
referendum are published in the Official Gazette No: 19532, dated 12
September 1987.
PROVISIONAL ARTICLE 5.
On the tenth day following the proclamation by the Supreme Election
Council of the results of the first general elections, the Turkish Grand
National Assembly shall convene of its own accord a t the premises of the
Turkish Grand National Assembly in Ankara at 15.00 hrs. The eldest deputy
shall take the chair for this session. At this session the deputies shall take
their oaths.
PROVISIONAL ARTICLE 6.
Until the Turkish Grand National Assembly formed in accordance with the
Constitution adopts the Rules of Procedure which shall govern its sessions
and proceedings, those provisions of the Rules of Procedure of the National
Assembly which were in force before 12 September 19 80 and which are not
contrary to the Constitution shall apply.
PROVISIONAL ARTICLE 7.
The present Council of Ministers shall continue in office until the convening
of the Turkish Grand National Assembly and the form ation of the new
Council of Ministers following the first general elections.
PROVISIONAL ARTICLE 8.
Legislation relating to the organisation, duties, p owers, and functioning of
the new organs, institutions, and agencies establis hed under the
Constitution and other legislation whose introducti on or amendment is
provided for in the Constitution, shall be enacted during the period of
Constituent Assembly, starting from the date of the adoption of the
Constitution; legislation which cannot be dealt with during this period shall
be enacted within the year following the first session of the newly elected
Turkish Grand National Assembly.
PROVISIONAL ARTICLE 9.
Within a period of six years following the formatio n of the Bureau of the
Turkish Grand National Assembly which is to convene after the first general
elections, the President of the Republic may refer to the Turkish Grand

National Assembly for further consideration any Constitutional amendments
adopted by the Assembly. In this case the resubmission of the Constitutional
amendment draft in its unchanged form to the Presid ent of the Republic by
the Turkish Grand National Assembly, is only possible with a three-fourths
majority of the votes of the total number of member s.
PROVISIONAL ARTICLE 10.
Local elections shall be held within a year of the first session of the Turkish
Grand National Assembly.
PROVISIONAL ARTICLE 11.
Regular and substitute members of the Constitutiona l Court who were in
office on the date of the adoption by referendum of the Constitution shall
continue to hold office and exercise their functions. Those previously
elected by the Constitutional Court to specific functions shall retain the
status thus acquired.
No election shall be held to fill the vacant seats of the regular members of
the Constitutional Court until the number of these members falls to eleven,
nor shall an election be held to fill the vacant seats of substitute members
until the total number of regular and substitute me mbers falls to fifteen.
Until the Constitutional Court adapts to the new system, the principles and
order of precedence set forth in the Constitution shall be observed in the
elections which are to be held because the number o f regular members has
fallen below eleven, or because the total number of regular and substitute
members has fallen below fifteen.
Until the number of regular members of the Constitu tional Court falls to
eleven, the quorum prescribed by Act No. 44 of 22 April 1962 shall be
observed in all cases and proceedings.
PROVISIONAL ARTICLE 12.
Persons appointed by the Head of State as regular and substitute members
of the Supreme Council of Judges and Public Prosecu tors from among the
members of the High Court of Appeals and the Counci l of State under
Provisional Article 1 of Act No. 2461 of 13 May 1981 on the Supreme Council
of Judges and Public Prosecutors; as Chief Public P rosecutor and Deputy
Chief Public Prosecutor in accordance with the Prov isional Article appended
to Act No. 1730 on the High Court of Appeals under Act No. 2483 of 25 June
1981; and as President, Chief Public Prosecutor, deputy presidents and

heads of division of the Council of State under Provisional Article 14,
paragraph 2 of Act No. 2575 of 6 January 1982 on th e Council of State shall
continue to exercise their functions until the end of the term of office for
which they were elected.
The Provisions of the Provisional Articles of Act No. 2576 of 6 January 1982
which concern the appointment of the presidents and members of
Administrative Courts shall also remain in force.
PROVISIONAL ARTICLE 13.
The elections of one regular and one substitute member to be elected to
the Supreme Council of Judges and Public Prosecutor s from among the
members of the High Court of Appeals shall take place within twenty days of
the entry into force of the Constitution.
Until the assumption of office by the elected membe rs, the quorum for
meetings of the Council shall be met with the participation of substitute
members.
PROVISIONAL ARTICLE 14.
The obligation of the labour unions to deposit their revenues in the State
banks shall be fulfilled within two years of the entry into force of the
Constitution, at the latest.
PROVISIONAL ARTICLE 15.
No allegation of criminal, financial or legal responsibility shall be made, nor
shall an application be filed with a court for this purpose in respect of any
decisions or measures whatsoever taken by: the Coun cil of National Security
formed under Act No. 2356 which will have exercised legislative and
executive power on behalf of the Turkish Nation from 12 September 1980 to
the date of the formation of the Bureau of the Turkish Grand National
Assembly which is to convene following the first general elections; the
governments formed during the term of office of the Council; or the
Consultative Assembly which has exercised its functions under Act No. 2485
on the Constituent Assembly.
The provisions of the above paragraphs shall also apply in respect of persons
who have taken decisions and adopted or implemented measures as part of
the implementation of such decisions and measures by the administration or
by the competent organs, authorities, and officials.

No allegation of unconstitutionality shall be made in respect of decisions or
measures taken under laws or decrees having force o f law enacted during
this period or under Act No. 2324 on the Constitutional Order.
PROVISIONAL ARTICLE 16.
Persons who fail to participate in the referendum o n the Constitution
without valid legal or actual reasons despite being entitled to vote and
being included on the register of electors and the polling station register
compiled for the referendum, shall neither particip ate nor stand for
election in general elections, by-elections, local elections or referendums
for a period of five years following the referendum on the Constitution.
PART SEVEN FINAL PROVISIONS
I.Amendment of the Constitution, Participation in Electio n and
Referendum:
ARTICLE 175.
The constitutional amendment shall be proposed in writing by at least one-
third of the total number of members of the Turkish Grand National
Assembly. Proposals to amend the Constitution shall be debated twice in the
plenary session. The adoption of a proposal for an amendment shall require
a three-fifths majority of the total number of memb ers of the Assembly by a
secret ballot.
The consideration and adopting of proposals for the amendment of the
Constitution shall be subject to the provisions governing the consideration
and adoption of legislation, with the exception of the conditions set forth in
this article.
The President of the Republic may refer the laws re lated to the
Constitutional amendments for further consideration . If the Assembly adopts
the draft law referred by the President by a two-thirds majority, the
President may submit the law to referendum.
If a law is adopted by a three-fifths or less than two-thirds majority of the
total number of votes of the Assembly and is not re ferred by the President
for further consideration, it will be published in the Official Gazette and
shall be submitted to referendum.
A law on the Constitutional amendment adopted by a two-thirds majority of
the total number of members of the Turkish Grand National Assembly
directly or if referred by the President for further consideration, or its

articles as considered necessary may be submitted to a referendum by the
President. Laws or related articles of the Constitutional amendment not
submitted to referendum shall be promulgated in the Official Gazette.
Laws related to Constitutional amendment which are submitted for
referendum shall require the approval of more than half of the valid votes
casted.
The Turkish Grand National Assembly, in adopting th e laws related to the
Constitutional amendment, shall also decide on whic h provisions shall be
submitted to referendum together and which shall be submitted individually.
Every measure including fines shall be taken to secure participation in
referenda, general, by- and local elections.
II.Preamble and Headings of Articles
ARTICLE 176.
The Preamble, which states the basic views and prin ciples underlying the
Constitution, shall form an integral part of the Constitution.
The headings of articles merely indicate the subjec t matter of the articles,
their order, and the connections between them. Thes e headings shall not be
regarded as a part of the text of the Constitution.
III.Entry into Force of the Constitution
ARTICLE 177.
On its adoption by referendum and its publication i n the Official Gazette,
this Constitution shall become the Constitution of the Republic of Turkey
and shall come into force in its entirety, subject to the following exceptions
and the provisions relating to their entry into force:
a.The provisions of Part II, Chapter II relating to personal liberty and
security, the press, publication and the media, and the right and freedom of
assembly,
The provisions of Chapter III, relating to labour, collective agreements, the
right to strike, and lockout.
These provisions shall come into force when the rel evant legislation is
promulgated, or when the existing legislation is amended, and at the latest,
when the Turkish Grand National Assembly assumes it s functions. However

until their entry into force, existing legislation and the decrees and
decisions of the Council of National Security shall apply.
b.The provisions of Part II relating to political parties and the right to
engage in political activities, shall come into for ce on the promulgation of
the new Political Parties Act, which is to be prepa red in accordance with
these provisions;
The right to vote and stand for election shall come into force on the
promulgation of the Elections Act, also to be prepa red in accordance with
these provisions.
c.The provisions of Part III, relating to legislative power:
These provisions shall come into force on the procl amation of the results of
the first general elections. However, the provisions relating to the functions
and powers of the Turkish Grand National Assembly w hich take place in this
section shall be exercised by the Council of National Security until the
Turkish Grand National Assembly assumes its functio ns, the provisions of Act
No. 2485 of 29 June 1981 on the Constituent Assembl y being reserved.
d.The provisions of Part III relating to the functions and powers of the
President of the Republic and to the State Supervis ory Council under the
heading “President of the Republic”; to regulations, National Defence,
procedures governing emergency rule under the headi ng “Council of
Ministers”; to all other provisions under the heading “Administration,” except
local administration, and except the Ataturk High I nstitution of Culture,
Language, and History; and all the provisions relating to the judiciary power,
except the Courts of the Security of the State, shall come into force on the
publication in the Official Gazette of the adoption by referendum of the
Constitution. The provisions relating to the President of the Republic and
the Council of Ministers which do not come into for ce shall come into force
when the Turkish Grand National Assembly assumes it s functions, and the
provisions relating to local administrations and to the Courts of the Security
of the State shall come into force on the promulgat ion of the relevant
legislation.
e.If new legislation, or amendments to existing legislation are required in
connection with the constitutional provisions which are to come into force
on the proclamation of the adoption by referendum o f the Constitution or in
connection with existing or future institutions, organisations and agencies,
the procedure to be followed shall be subject to th ose provisions of existing

laws which are not unconstitutional, or to the provisions of the Constitution,
in accordance with Article 11 of the Constitution.
The second paragraph of Article 164 regulating the procedure for the
consideration of draft final accounts shall come into force in 1984.