Skip to main content

Constitution

Islamic Republic of Afghanistan

The Constitution of Afghanistan

(Ratified) January 26, 2004

The Constitution of the Islamic Republic of Afghanis tan
The present Constitution of the Islamic Republic of Afghanistan was agreed upon by more than
500 delegates representing Afghan men and women from across the country at the
Constitutional Loya Jirga (December 13, 2003 – January 4, 2004). The Constitution was
formally ratified by President Hamid Karzai at a ceremo ny in Kabul on January 26, 2004.
The full text of the Constitution may be found belo w. Note: this is an unofficial English
translation of the Constitution. In any conflict b etween this and the original Dari / Pashto
Constitution, the Dari / Pashto version shall take pre cedence.

Islamic Republic of Afghanistan The Constitution
2

In the name of Allah, the Most Beneficent, the Most Merciful

Contents
Preamble
Chapter One: State (21 articles)
Chapter Two: Fundamental Rights and Duties of Citizens (38 arti cles)
Chapter Three: The President (11 articles)
Chapter Four: Government (10 articles)
Chapter Five: National Assembly (29 articles)
Chapter Six: Loya Jirga (6 articles)
Chapter Seven: The Judiciary (20 articles)
Chapter Eight: Administration (7 articles)
Chapter Nine: State of Emergency (6 articles)
Chapter Ten: Amendments (2 articles)
Chapter Eleven: Miscellaneous Provisions (7 articles)
Chapter Twelve: Transitional Provisions (5 articles)

Islamic Republic of Afghanistan The Constitution
3

Preamble
In the name of Allah, the Most Beneficent, the Most Merciful
Praise be to Allah, the Cherisher and Sustainer of Worlds; and Praise and Peace be upon
Mohammad,
His Last Messenger and his disciples and followers .

We the people of Afghanistan:
 Believing firmly in Almighty God, relying on His divi ne will and adhering to the
Holy religion of Islam;
 Realizing the previous injustices, miseries and innu merable disasters which have
befallen our country;
 Appreciating the sacrifices, historical struggles, jih ad and just resistance of all the
peoples of Afghanistan, admiring the supreme position of the martyr’s of the
country’s freedom;
 Comprehending that a united, indivisible Afghanistan belongs to all its tribes and
peoples;
 Observing the United Nations Charter as well as the U niversal Declaration of
Human Rights;
And in order to:

Islamic Republic of Afghanistan The Constitution
4

Strengthen national unity, safeguard independence, na tional sovereignty and
territorial integrity of the country;
 Establish an order based on the peoples’ will and de mocracy;
 Form a civil society void of oppression, atrocity, dis crimination as well as
violence, based on rule of law, social justice, prote cting integrity and human
rights, and attaining peoples’ freedoms and fundament al rights;
 Strengthen political, social, economic as well as de fense institutions;
 Attain a prosperous life and sound living environment for all inhabitants of this
land;
 And, eventually, regain Afghanistan’s appropriate pl ace in the international
family;
Have, herein, approved this constitution in accordance with the historical, cultural and social
realities as well as requirements of time through our elected representatives in the Loya Jirga,
dated January 3, 2004, held in the city of Kabul.

Islamic Republic of Afghanistan The Constitution
5

Chapter One:
State
Article One
Afghanistan shall be an Islamic Republic, independe nt, unitary and indivisible state.
Article Two
The sacred religion of Islam is the religion of the I slamic Republic of Afghanistan. Followers of
other faiths shall be free within the bounds of law i n the exercise and performance of their
religious rituals.
Article Three
No law shall contravene the tenets and provisions of the holy religion of Islam in Afghanistan.
Article Four
National sovereignty in Afghanistan shall belong to the nation, manifested directly and through
its elected representatives. The nation of Afghanist an is composed of all individuals who
possess the citizenship of Afghanistan. The nation of Afghanistan shall be comprised of
Pashtun, Tajik, Hazara, Uzbek, Turkman, Baluch, Pacha ie, Nuristani, Aymaq, Arab, Qirghiz,
Qizilbash, Gujur, Brahwui and other tribes. The word Afghan shall apply to every citizen of
Afghanistan. No individual of the nation of Afghan istan shall be deprived of citizenship. The
citizenship and asylum related matters shall be regul ated by law.
Article Five

Islamic Republic of Afghanistan The Constitution
6

Implementing the provisions of this constitution and
other laws, defending independence,
national sovereignty, territorial integrity and attain ing the security and defense capability of the
country shall be the fundamental duties of the stat e.
Article Six
The state shall be obligated to create a prosperous an d progressive society based on social
justice, preservation of human dignity, protection of human rights, realization of democracy,
attainment of national unity as well as equality be tween all peoples and tribes and balance
development of all areas of the country.
Article Seven
The state shall observe the United Nations Charter, inter-state agreements, as well as
international treaties to which Afghanistan has joine d, and the Universal Declaration of Human
Rights. The state shall prevent all kinds of terroris t activities, cultivation and smuggling of
narcotics, and production and use of intoxicants.
Article Eight
The state shall regulate the foreign policy of the c ountry on the basis of preserving the
independence, national interests and territorial integri ty as well as non-interference, good
neighborliness, mutual respect and equality of rights .
Article Nine
Mines and other subterranean resources as well as histo rical relics shall be the property of the
state. Protection, management and proper utilization of public properties as well as natural
resources shall be regulated by law.
Article Ten
The state shall encourage, protect as well as ensure t he safety of capital investment and private
enterprises in accordance with the provisions of the l aw and market economy.
Article Eleven
Matters related to domestic as well as foreign trade sh all be regulated by law in accordance with
the economic requirements of the country and public interests.
Article Twelve
Da Afghanistan Bank shall be independent and the ce ntral bank of the state. Currency issuance
as well as formulating and implementing the monetary policy of the country shall be, according
to provisions of the law, the authority of the central bank. The central bank shall consult the
economic committee of the House of People about prin ting of money. The organization and
operation method of Central Bank shall be regulated by law.

Islamic Republic of Afghanistan The Constitution
7
Article Thirteen

The state shall design and implement effective progra ms for developing industries, expanding
production as well as protecting activities of craftsm en to raise the standard of living of the
people.
Article Fourteen
The state, within its financial means, shall design and implement effective programs to develop
agriculture and animal husbandry, improve economic, so cial and living conditions of farmers,
herders and settlers as well as the nomads’ livelihood . The state shall adopt necessary measures
for provision of housing and distribution of public es tates to deserving citizens in accordance
with the provisions of law and within financial poss ibilities.
Article Fifteen
The state shall be obligated to adopt necessary mea sures to protect and improve forests as well
as the living environment.
Article Sixteen
From amongst Pashto, Dari, Uzbeki, Turkmani, Baluchi , Pachaie, Nuristani, Pamiri and other
current languages in the country, Pashto and Dari shal l be the official languages of the state. In
areas where the majority of the people speak in any o ne of Uzbeki, Turkmani, Pachaie,
Nuristani, Baluchi or Pamiri languages, any of the afo rementioned language, in addition to
Pashto and Dari, shall be the third official language , the usage of which shall be regulated by
law. The state shall design and apply effective pro grams to foster and develop all languages of
Afghanistan. Usage of all current languages in the c ountry shall be free in press publications
and mass media. Academic and national administrativ e terminology and usage in the country
shall be preserved.
Article Seventeen
The state shall adopt necessary measures to foster ed ucation at all levels, develop religious
teachings, regulate and improve the conditions of mos ques, religious schools as well as religious
centers.
Article Eighteen
The source for the calendar year of the country shall be based upon the migration of The
Prophet (PBUH). The basis for state offices shall be the solar calendar. Fridays, as well as the
28 th
of Asad and 8 th
of Saur, shall be public holidays. Other holidays shall be regulated by law.

Islamic Republic of Afghanistan The Constitution
8
Article Nineteen

The flag of Afghanistan shall be made up of three eq ual parts, with black, red and green colors
juxtaposed from left to right vertically. The width o f every color shall be half of its length, and at
the center of which the national insignia shall be l ocated. The national insignia of Afghanistan
shall be comprised of an emblem and a pulpit in whi te color—at the two corners of which are
two flags, inscribed in the top middle the holy phras e “There is no God but Allah and
Mohammad is his Prophet, and Allah is Great.” This shall be inscribed and superseded on rays
of a rising sun, and in its lower part, the year 1919 i n the solar calendar, and the word
“Afghanistan” encircled on two sides by sheaves of w heat shall be inscribed. The law shall
regulate the use of the flag and insignia.
Article Twenty
The national anthem of Afghanistan shall be in Pash to with the mention of “God is Great” as
well as the names of the tribes of Afghanistan.
Article Twenty-One
The capital of Afghanistan shall be the city of Kab ul.

Islamic Republic of Afghanistan The Constitution
9

Chapter Two:
Fundamental Rights and
Duties of Citizens
Article Twenty-Two
Any kind of discrimination and distinction between citizens of Afghanistan shall be forbidden.
The citizens of Afghanistan, man and woman, have eq ual rights and duties before the law.
Article Twenty-Three
Life is the gift of God as well as the natural right of human beings. No one shall be deprived of
this except by legal provision.
Article Twenty-Four
Liberty is the natural right of human beings. This ri ght has no limits unless affecting others
freedoms as well as the public interest, which shall be regulated by law. Liberty and human
dignity are inviolable. The state shall respect and protect liberty as well as human dignity.
Article Twenty-Five
Innocence is the original state. The accused shall be innocent until proven guilty by the order of
an authoritative court.
Article Twenty-Six
Crime is a personal act. Investigation, arrest and det ention of an accused as well as penalty
execution shall not incriminate another person.

Islamic Republic of Afghanistan The Constitution
10
Article Twenty-Seven

No deed shall be considered a crime unless ruled by a law promulgated prior to commitment of
the offense. No one shall be pursued, arrested, or det ained without due process of law. No one
shall be punished without the decision of an author itative court taken in accordance with the
provisions of the law, promulgated prior to commitment of the offense.
Article Twenty-Eight
No citizen of Afghanistan accused of a crime shall b e extradited to a foreign state without
reciprocal arrangements as well as international treatie s to which Afghanistan has joined. No
Afghan shall be deprived of citizenship or sentenced to domestic or foreign exile.
Article Twenty-Nine
Persecution of human beings shall be forbidden. No one shall be allowed to or order torture,
even for discovering the truth from another individual who is under investigation, arrest,
detention or has been convicted to be punished. Pun ishment contrary to human dignity shall be
prohibited.
Article Thirty
A statement, confession or testimony obtained from an accused or of another individual by
means of compulsion shall be invalid. Confession t o a crime is a voluntary admission before an
authorized court by an accused in a sound state of mi nd.
Article Thirty-One
Upon arrest, or to prove truth, every individual can app oint a defense attorney. Immediately
upon arrest, the accused shall have the right to be in formed of the nature of the accusation, and
appear before the court within the time limit specifie d by law. In criminal cases, the state shall
appoint a defense attorney for the indigent. Confide ntiality of conversations, correspondence,
and communications between the accused and their att orney shall be secure from any kind of
violation. The duties and powers of defense attorney s shall be regulated by law.
Article Thirty-Two
Debt shall not curtail or deprive the freedom of the in dividual. The method and means of
recovering debt shall be regulated by law.
Article Thirty-Three
The citizens of Afghanistan shall have the right to elect and be elected. The conditions of
exercising this right shall be regulated by law.

Islamic Republic of Afghanistan The Constitution
11
Article Thirty-Four
Freedom of expression shall be inviolable. Every Af ghan shall have the right to express thoughts
through speech, writing, illustrations as well as othe r means in accordance with provisions of
this constitution. Every Afghan shall have the rig ht, according to provisions of law, to print and
publish on subjects without prior submission to stat e authorities. Directives related to the
press, radio and television as well as publications a nd other mass media shall be regulated by
law.
Article Thirty-Five
To attain moral and material goals, the citizens of A fghanistan shall have the right to form
associations in accordance with provisions of the law . The people of Afghanistan shall have the
right, in accordance with provisions of the law, to f orm political parties, provided that:
1. Their manifesto and charter shall not contravene the Ho ly religion of Islam and
principles and values enshrined in this constitution ;
2. Their organizations and financial resources shall be t ransparent;
3. They shall not have military or quasi-military aims and organizations; and
4. They shall not be affiliated with foreign political parties or other sources.
Formation and operation of a party on the basis of trib alism, parochialism, language, as well as
religious sectarianism shall not be permitted. A party or association formed according to
provisions of the law shall not be dissolved without legal causes and the order of an
authoritative court.
Article Thirty-Six
The people of Afghanistan shall have the right to g ather and hold unarmed demonstrations, in
accordance with the law, for attaining legitimate and peaceful purposes.
Article Thirty-Seven
Freedom and confidentiality of correspondence, as well as communications of individuals,
whether in the form of a letter or via telephone, teleg raph, as well as other means, shall be
secure from intrusion. The state shall not have the r ight to inspect personal correspondence and
communications, unless authorized by provisions of th e law.
Article Thirty-Eight
Personal residences shall be immune from trespassing. No one, including the state, shall have
the right to enter a personal residence or search it with out the owners permission or by order of
an authoritative court, except in situations and meth ods delineated by law. In case of an evident
crime, the responsible official shall enter or search a personal residence without prior court

Islamic Republic of Afghanistan The Constitution
12

order. The aforementioned official, shall, after ent
rance or completion of search, obtain a court
order within the time limit set by law.
Article Thirty-Nine
Every Afghan shall have the right to travel and settl e in any part of the country, except in areas
forbidden by law. Every Afghan shall have the righ t to travel outside Afghanistan and return,
according to the provisions of the law. The state sh all protect the rights of the citizens of
Afghanistan outside the country.
Article Forty
Property shall be safe from violation. No one shall b e forbidden from owning property and
acquiring it, unless limited by the provisions of law . No one’s property shall be confiscated
without the order of the law and decision of an autho ritative court. Acquisition of private
property shall be legally permitted only for the sake of public interests, and in exchange for prior
and just compensation. Search and disclosure of priva te property shall be carried out in
accordance with provisions of the law.
Article Forty-One
Foreign individuals shall not have the right to own i mmovable property in Afghanistan. Lease
of immovable property for the purpose of capital inves tment shall be permitted in accordance
with the provisions of the law. The sale of estates to diplomatic missions of foreign countries as
well as international organization’s to which Afghan istan is a member, shall be allowed in
accordance with the provisions of the law.
Article Forty-Two
Every Afghan shall pay taxes and duties to the stat e in accordance with the provisions of the
law. No taxes or duties shall be levied without leg al representation. Tax rates and duties as well
as the method of payment shall be determined, with due respect to social justice, by law. This
provision shall also apply to foreign individuals and organizations. Every kind of tax, duty as
well as paid incomes shall be deposited to a single state account.
Article Forty-Three
Education is the right of all citizens of Afghanista n, which shall be offered up to the B.A. level in
the state educational institutes free of charge by t he state. To expand balanced education as well
as to provide mandatory intermediate education through out Afghanistan, the state shall design
and implement effective programs and prepare the groun d for teaching mother tongues in areas
where they are spoken.
Article Forty-Four
The state shall devise and implement effective progra ms to create and foster balanced education
for women, improve education of nomads as well as eli minate illiteracy in the country.

Islamic Republic of Afghanistan The Constitution
13
Article Forty-Five

The state shall devise and implement a unified educ ational curricula based on the tenets of the
sacred religion of Islam, national culture as well as academic principles, and develop religious
subjects curricula for schools on the basis of existin g Islamic sects in Afghanistan.
Article Forty-Six
Establishing and administering higher, general and spe cialized educational institutions shall be
the duty of the state. The citizens of Afghanistan shall establish higher, general and specialized
educational as well as literacy institutions with pe rmission of the state. The state shall permit
foreign individuals to establish higher, general and s pecialized institutions in accordance with
the provisions of the law. Admission terms to higher educational institutes of the state and
other related matters shall be regulated by law.
Article Forty-Seven
The state shall devise effective programs for fostering knowledge, culture, literature and arts.
The state shall guarantee the copyrights of authors, inventors and discoverers, and, shall
encourage and protect scientific research in all fields , publicizing their results for effective use in
accordance with the provisions of the law.
Article Forty-Eight
Work is the right of every Afghan. Working hours, pai d holidays, employment and employee
rights and related matters shall be regulated by the la w. Choice of occupation and craft shall be
free within the bounds of law.
Article Forty-Nine
Forced labor shall be forbidden. Active participation in times of war, disaster, and other
situations that threaten public life and comfort shal l be among the national duties of every
Afghan. Forced labor on children shall not be allowed .
Article Fifty
The state shall adopt necessary measures to create a healthy administration and realize reforms
in the administrative system of the country. The ad ministration shall perform its duties with
complete neutrality and in compliance with the provis ions of the laws. The citizens of
Afghanistan shall have the right of access to informa tion from state departments in accordance
with the provisions of the law. This right shall have no limit except when harming rights of
others as well as public security. The citizens of A fghanistan shall be recruited by the state on
the basis of ability, without any discrimination, ac cording to the provisions of the law.

Islamic Republic of Afghanistan The Constitution
14
Article Fifty-One

Any individual suffering damage without due cause fro m the administration shall deserve
compensation, and shall appeal to a court for acquisi tion. Except in conditions stipulated by
law, the state shall not, without the order of an aut horitative court, claim its rights.
Article Fifty-Two
The state shall provide free preventative healthcare and treatment of diseases as well as medical
facilities to all citizens in accordance with the pro visions the law. Establishment and expansion
of private medical services as well as health centers shall be encouraged and protected by the
state in accordance with the provisions of the law. The state shall adopt necessary measures to
foster healthy physical education and development of the national as well as local sports.
Articles Fifty-Three
The state shall adopt necessary measures to regulate medical services as well as financial aid to
survivors of martyrs and missing persons, and for reinte gration of the disabled and handicapped
and their active participation in society, s in acco rdance with provisions of the law. The state
shall guarantee the rights of retirees, and shall render necessary aid to the elderly, women
without caretaker, disabled and handicapped as well a s poor orphans, in accordance with
provisions of the law.
Article Fifty-Four
Family is the fundamental pillar of the society, and shall be protected by the state. The state
shall adopt necessary measures to attain the physica l and spiritual health of the family,
especially of the child and mother, upbringing of ch ildren, as well as the elimination of related
traditions contrary to the principles of the sacred reli gion of Islam.
Article Fifty-Five
Defending the country shall be the duty of all citi zens of Afghanistan. Conditions for
compulsory military service shall be regulated by la w.
Article Fifty-Six
Observance of the provisions of the constitution, ob edience of laws and respect of public order
and security shall be the duty of all citizens of Af ghanistan. Ignorance of the laws shall not be
considered an excuse.
Article Fifty-Seven
The state shall guarantee the rights and liberties of foreign citizens in Afghanistan in accordance
with the law. These people shall be obliged to resp ect the laws of the state of Afghanistan within
the limits of the provisions of international law.

Islamic Republic of Afghanistan The Constitution
15
Article Fifty-Eight

To monitor respect for human rights in Afghanistan as w ell as to foster and protect it, the state
shall establish the Independent Human Rights Commis sion of Afghanistan. Every individual
shall complain to this Commission about the violati on of personal human rights. The
Commission shall refer human rights violations of i ndividuals to legal authorities and assist
them in defense of their rights. Organization and me thod of operation of the Commission shall
be regulated by law.
Article Fifty-Nine
No individual shall be allowed to manipulate the rig hts and liberties enshrined in this
Constitution and act against independence, territorial integrity, sovereignty as well as national
unity.

Islamic Republic of Afghanistan The Constitution
16

Chapter Three:
The President
Article Sixty
The President shall be the head of state of the Isla mic Republic of Afghanistan, executing his
authorities in the executive, legislative and judici ary fields in accordance with the provisions of
this Constitution. The President shall have two Vic e-Presidents, first and second. The
Presidential candidate shall declare to the nation na mes of both vice presidential running mates.
In case of absence, resignation or death of the Presi dent, the first Vice-President shall act in
accordance with the provisions of this Constitution. In the absence of the first Vice-President,
the second Vice-President shall act in accordance wit h the provisions of this Constitution.
Article Sixty-One
The President shall be elected by receiving more than fifty percent of votes cast by voters
through free, general, secret and direct voting. The presidential term shall expire on 1st
of Jawza
of the fifth year after elections. Elections for the new President shall be held within thirty to
sixty days prior to the end of the presidential term. If in the first round none of the candidates
gets more than fifty percent of the votes, elections for the second round shall be held within two
weeks from the date election results are proclaimed, an d, in this round, only two candidates who
have received the highest number of votes in the firs t round shall participate. In case one of the
presidential candidates dies during the first or second round of voting or after elections, but
prior to the declaration of results, re-election shall be held according to provisions of the law.
Article Sixty-Two
The individual who becomes a presidential candidate shall have the following qualifications:
1. Shall be a citizen of Afghanistan, Muslim, born of A fghan parents and shall not be
a citizen of another country;

Islamic Republic of Afghanistan The Constitution
17
2.
Shall not be less than forty years old the day of can didacy;
3. Shall not have been convicted of crimes against huma nity, a criminal act or
deprivation of civil rights by court.
No individual shall be elected for more than two term s as President. The provision of this article
shall also apply to Vice-Presidents.
Article Sixty-Three
Before assuming office, the President shall take, in accordance with special procedures set by
law, the following oath of allegiance:
“In the name of God, Most Gracious, Most Merciful, I swear by the name of God Almighty that I
shall obey and protect the Holy religion of Islam, res pect and supervise the implementation of
the Constitution as well as other laws, safeguard the independence, national sovereignty and
territorial integrity of Afghanistan, and, in seeking G od Almighty’s help and support of the
nation, shall exert my efforts towards the prosperity an d progress of the people of Afghanistan.”
Article Sixty-Four
The President shall have the following authorities a nd duties:
1. Supervise the implementation of the Constitution;
2. Determine the fundamental lines of the policy of the country with the approval of
the National Assembly;
3. Being the Commander in Chief of the armed forces of Afghanistan;
4. Declare war and peace with the endorsement of the Nati onal Assembly;
5. Take necessary decisions to defend territorial integrit y and preserve
independence;
6. Dispatch armed forces units outside of Afghanistan wi th the endorsement of the
National Assembly;
7. Convene the Loya Jirga except in the situation presc ribed in Article 69 of this
Constitution;
8. Proclaim as well as terminate the state of emergency with the endorsement of the
National Assembly;
9. Inaugurate the sessions of National Assembly and Loy a Jirga.
10. Accept the resignations of vice-presidents of the Re public;

Islamic Republic of Afghanistan The Constitution
18
11.
Appoint the Ministers, the Attorney General, the Head of the Central Bank, the
National Security Director as well as the Head of the Red Cross with the
endorsement of the House of People, and their dismiss al and acceptance of
resignation;
12. Appoint the Justice of the Supreme Court as well as j ustices of the Supreme Court
with the endorsement of the House of People;
13. Appointing, retiring and accepting the resignation and dismissal of judges,
officers of the armed forces, police, national security as well as high ranking
officials according to the provisions of law;
14. Appoint heads of political representatives of Afghani stan to foreign states as well
as international organizations;
15. Accept credentials of foreign political representati ves in Afghanistan;
16. Endorse laws as well as judicial decrees;
17. Issue credential letter for conclusion of international treaties in accordance with
the provisions of the law;
18. Reduce and pardon penalties in accordance with the pro visions of the law;
19. Bestow medals, insignias as well as honorary titles in accordance with the
provisions of the law;
20. Establish commissions to improve the administration o f the country in
accordance with the provisions of the law;
21. Perform other authorities and duties enshrined in this C onstitution.
Article Sixty-Five
On important national, political, social as well as economic issues the President can call for a
referendum of the people of Afghanistan. The referend um shall not be contrary to the
provisions of this Constitution or require its amendmen t.
Article Sixty-Six
The President shall take into consideration the suprem e interests of the people of Afghanistan to
enforce the authorities enshrined in this Constitutio n. The President shall not sell or bestow
state properties without the provision of the law. Du ring the term of office, the Presidential
position shall not be used for linguistic, sectarian, tribal, and religious as well as party
considerations.

Islamic Republic of Afghanistan The Constitution
19
Article Sixty-Seven

In case of resignation, impeachment or death of the P resident, as well as an incurable illness
impeding performance of duty, the First Vice-Presiden t shall assume authorities and duties of
the President. The President shall personally tender re signation to the National Assembly.
Affirmation of an incurable illness shall be verified by an authoritative medical team assigned
by the Supreme Court. In such cases, elections for th e new President shall be held within three
months in accordance with Article Sixty-One of the Co nstitution. The First Vice-President, in
acting as interim President, shall not perform the fol lowing duties:
1. Amend the Constitution;
2. Dismiss ministers;
3. Call a referendum.
The Vice-Presidents can according to the provisions o f this Constitution, nominate themselves
as presidential candidates. In the absence of the P resident, the duties of the First Vice-President
shall be determined by the President.
Article Sixty-Eight
In case any of the Vice-Presidents resign or die, anot her person shall be appointed by the
President with the endorsement of the House of the P eople. In case of simultaneous death of
the President and the First Vice-President, the Secon d Vice-President, the President of the
House of Elders, the President of the House of Represe ntatives and the Foreign Minister shall
succeed respectively and, in that order, and, according to Article Sixty-Seven of this
Constitution, shall assume the duties of the Preside nt.
Article Sixty-Nine
The President shall be responsible to the nation as well as the House of People in accordance
with the provisions of this Article. Accusations of crimes against humanity, national treason as
well as a crime against the President shall be demand ed by one third of all members of the
House of People. If this demand is approved by two t hirds of the House of People, the House of
People shall convene the Loya Jirga within one month .
If the Loya Jirga, by two-thirds majority, approves the accusation, the President shall be
released from duty and the issue shall be referred to a special court, which shall be comprised of
the President of the House of Elders, three members of the House of People, and three members
of the Supreme Court appointed by the Loya Jirga. The case shall be presented by the individual
appointed by the Loya Jirga. In such a situation th e provisions of Article Sixty-Seven of this
Constitution shall be applied.

Islamic Republic of Afghanistan The Constitution
20
Article Seventy

The salary and expenses of the President shall be reg ulated by law. The President, after
completion of his term of service, except when dismi ssed, shall be entitled to financial benefits
of the presidency for the rest of his life in accordanc e with the law.

Islamic Republic of Afghanistan The Constitution
21

Chapter Four:
Government
Article Seventy-One
The Government shall be comprised of Ministers who wo rk under the chairmanship of the
President. The number of Ministers as well as their du ties shall be regulated by law.
Article Seventy-Two
The individual appointed as Minister shall have the following qualifications:
1. Shall have only the citizenship of Afghanistan; if the ministerial candidate has the
citizenship of another country as well, the House of People shall have the right to
approve or reject the nomination;
2. Shall have higher education, work experience as well as a good reputation;
3. Shall not be less than thirty five years of age;
4. Shall not have been convicted of crimes against huma nity, a criminal act or
deprivation of civil rights by a court.
Article Seventy-Three
The Ministers shall be appointed from amongst members of the National Assembly or outside.
If a member of the National Assembly is appointed as Minister, that individual loses
membership in the National Assembly and instead, ano ther individual shall be appointed in
accordance with the provisions of the law.

Islamic Republic of Afghanistan The Constitution
22
Article Seventy-Four

Before assuming office, the Ministers shall take the following oath in the presence of the
President:
“In the name of God, Most Gracious, Most Merciful, I swear in the name of God Almighty that I
shall protect the Holy religion of Islam, respect the Constitution and other laws of Afghanistan,
safeguard the rights of citizens as well as independ ence, territorial integrity and the national
unity of the people of Afghanistan, and, in all my deeds consider the Almighty’s presence,
performing the entrusted duties honestly.”
Article Seventy-Five
The Government shall have the following duties: 1. Execute the provisions of this Constitution, other la ws, as well as the final
decisions of the courts;
2. Preserve the independence, defend the territorial inte grity and safeguard the
interests and prestige of Afghanistan in the internati onal community;
3. Maintain public law and order and eliminate every kin d of administrative
corruption;
4. Prepare the budget, regulate financial conditions of t he state as well as protect
public wealth;
5. Devise and implement social, cultural, economic and technological development
programs;
6. Report to the National Assembly, at the end of the f iscal year, about the tasks
achieved as well as important programs for the new fisc al year;
7. Perform other duties that, in accordance with this Cons titution and other laws,
fall within the Government responsibilities.
Article Seventy-Six
To implement the fundamental lines of the policy of the country and regulate its duties, the
government shall devise as well as approve regulations , which shall not be contrary to the body
or spirit of any law.
Article Seventy-Seven
The Ministers shall perform their duties as heads of a dministrative units within the framework
of this Constitution as well as other laws prescribe. The Ministers shall be responsible to the
President and House of Representatives for their speci fied duties.

Islamic Republic of Afghanistan The Constitution
23
Article Seventy-Eight

If a Minister is accused of crimes against humanity, national treason or other crimes, the case,
in accordance with Article One Hundred Thirty Four of th is Constitution, shall be submitted to a
special court.
Article Seventy-Nine
During the recess of the House of Representatives, th e Government shall, in case of an
immediate need, issue legislative decrees, except i n matters related to budget and financial
affairs. Legislative decrees, after endorsement by the President, shall acquire the force of law.
Legislative decrees shall be presented to the Nationa l Assembly within thirty days of convening
its first session, and if rejected by the National A ssembly, they become void.
Article Eighty
During their tour of duty, the Ministers shall not use their positions for linguistic, sectarian,
tribal, religious or partisan purposes.

Islamic Republic of Afghanistan The Constitution
24

Chapter Five:
National Assembly
Article Eighty-One
The National Assembly of the Islamic Republic of Af ghanistan, as the highest legislative organ,
shall manifest the will of its people as well as rep resent the entire nation.
Every member of the Assembly, when voting, shall jud ge according to the general interests as
well as the supreme benefits of the people of Afghan istan.
Article Eighty-Two
The National Assembly consists of two houses: House of People and House of Elders.
No individual shall be a member of both houses at th e same time.
Article Eighty-Three
Members of the House of People shall be elected by t he people through free, general, secret and
direct balloting. The work period of the House of Peo ple shall terminate, after the disclosure of
the results of the elections, on the 1 st
of Saratan of the fifth year and the new parliament s hall
commence work. The elections for members of the Hous e of People shall be held 30-60 days
prior to the expiration of the term of the House of Peo ple.
The number of the members of the House of People sha ll be proportionate to the population of
each constituency, not exceeding the maximum of two hundred fifty individuals. Electoral
constituencies as well as other related issues shall be determined by the elections law. The
elections law shall adopt measures to attain, through the electorate system, general and fair
representation for all the people of the country, and proportionate to the population of every

Islamic Republic of Afghanistan The Constitution
25

province, on average, at least two females shall be t
he elected members of the House of People
from each province.
Article Eighty-Four
Members of the House of Elders shall be elected and a ppointed as follows:
1. From amongst each provincial council members, one indi vidual shall be elected
by the respective council for a four year term;
2. From amongst district councils of each province, one i ndividual, elected by the
respective councils, for a three year term;
3. The remaining one third of the members shall be appoin ted by the President, for a
five year term, from amongst experts and experienced pe rsonalities, including two
members from amongst the impaired and handicapped, as well as two from
nomads.
The President shall appoint fifty percent of these i ndividuals from amongst women. The
individual selected as a member of the House of Elde rs shall lose membership to the related
Council, and, another individual shall be appointed in accordance with the provisions of the law.
Article Eighty-Five
The individual who becomes a candidate or appointed to the membership of the National
Assembly, in addition to the completion of the cond itions of the election, shall have the
following qualifications:
1. Shall be a citizen of Afghanistan or shall have obta ined citizenship of the state of
Afghanistan at least ten years prior to candidacy dat e or appointment;
2. Shall not have been convicted of crimes against huma nity, as well as a crime or
deprivation from civil rights by a court;
3. Shall have completed twenty-five years of age on can didacy day for the House of
People, and thirty-five years on candidacy day or app ointment for the House of
Elders.
Article Eighty-Six
Elections credentials of members of the National Asse mbly shall be reviewed by the
Independent Elections Commission in accordance with the provisions of the law.
Article Eighty-Seven
Each of the two houses of the National Assembly, at the commencement of their work period,
shall elect one member as president for the term of th e legislature, and two members as first and
second deputies and two members as secretary and assi stant secretary for a period of one year.

Islamic Republic of Afghanistan The Constitution
26

These individuals shall form the administrative team
s of the House of People as well as House of
Elders. Duties of the administrative teams shall be determined by the Regulations on Internal
Duties of each house.
Article Eighty-Eight
Each of the two houses of the National Assembly sha ll form commissions to study issues under
discussion in accordance with the Regulations of Int ernal Duties.
Article Eighty-Nine
The House of People shall have the authority to esta blish a special commission, on the proposal
of one third of its members, to review as well as inve stigate the actions of the Government. The
composition and method of operation of the aforementi oned commission shall be determined
by the Regulations on Internal Duties.
Article Ninety
The National Assembly shall have the following duti es:
1. Ratification, modification or abrogation of laws or l egislative decrees;
2. Approval of social, cultural, economic as well as te chnological development
programs;
3. Approval of the state budget as well as permission to obtain or grant loans;
4. Creation, modification and or abrogation of administrat ive units;
5. Ratification of international treaties and agreements, or abrogation of
membership of Afghanistan in them;
6. Other authorities enshrined in this Constitution.
Article Ninety-One
The House of People shall have the following specia l authorities:
1. Decide about elucidation session from each Minister i n accordance with Article
Ninety-Two of this Constitution;
2. Decide on the development programs as well as the sta te budget;
3. Approve or reject appointments according to provisions of this Constitution.

Islamic Republic of Afghanistan The Constitution
27
Article Ninety-Two

The House of People, on the proposal of twenty percen t of all its members, shall make inquiries
from each Minister. If the explanations given are not satisfactory, the House of People shall
consider the issue of a no- confidence vote. The no – confidence vote on a Minister shall be
explicit, direct, as well as based on convincing re asons. The vote shall be approved by the
majority of all members of the House of People.
Article Ninety-Three
Any commission of both houses of the parliament can question any Minister about special
issues. The individual questioned shall provide an oral or written response.
Article Ninety-Four
Law shall be what both houses of the National Assem bly approve and the President endorses,
unless this Constitution states otherwise. In case the President rejects what the National
Assembly has approved, the President shall send it ba ck, within fifteen days from the date it was
presented, to the House of People mentioning the reas ons for rejection, and, with expiration of
the period or if the House of People re-approves it wi th two thirds of all the votes, the draft shall
be considered endorsed and enforceable.
Article Ninety-Five
The proposal for drafting laws shall be made by the Go vernment or members of the National
Assembly or, in the domain of regulating the judici ary, by the Supreme Court, through the
Government. Proposals for drafting the budget and fin ancial affairs laws shall be made only by
the Government.
Article Ninety-Six
If the proposal for drafting a law includes imposition of new taxes or reduction of state incomes,
it shall be included in the work agenda of the Natio nal Assembly on condition the compensation
source shall also be forecasted in the text of the pro posal.
Article Ninety-Seven
Proposals for drafting laws shall be first submitted to the House of People by the government.
The House of People shall consider the draft laws, in cluding budgetary and financial affairs as
well as the proposal for obtaining or granting loans, and, after debate, either approve or reject as
a whole. The House of People shall not delay more t han one month the draft proposal. The
House of People, after approving the proposed draft, sh all send it to the House of the Elders.
The House of Elders shall decide on it within fifte en days. In deciding about the proposed laws,
the National Assembly shall give priority to treaties and development programs of the state that,
according to the proposal of the government, require u rgent consideration. If the proposal for
drafting a law is made by ten members of either of the two houses, it shall be, after approval of
one fifth of the House where it was initiated, incl uded in the work agenda of that House.

Islamic Republic of Afghanistan The Constitution
28
Article Ninety-Eight

The state budget and development program of the govern ment shall be submitted, through the
House of Elders to the House of People along with it s advisory views.
The decision of the House of People shall be implem ented without presentation to the House of
Elders, after endorsement by the President. If for some reasons the budget is not approved
before the beginning of the new fiscal year, the bud get of the year before shall be applied
pending the passage of the new budget. The Governme nt shall present during the fourth
quarter of the financial year the budget for the next y ear, with the brief account of the current
year budget, to the National Assembly. The precise a ccount of the previous year financial
budget shall be presented to the National Assembly during the next six months according to the
provisions of the law. The House of People shall no t delay approval of the budget for more than
one month after receiving it and give permission to o btain or grant loans not included in the
budget, for more than fifteen days.
If the House of People during this period does not d ecide on obtaining or granting loans, the
proposal shall be considered approved.
Article Ninety-Nine
If, during the sessions of the National Assembly, t he annual budget, or development program, or
issues related to national security, territorial integ rity and independence of the country is under
discussion, the sessions of the Assembly shall not end pending decision of the matter.
Article One Hundred
If one House rejects decisions of the other, a joint commission comprised of an equal number of
members from each House shall be formed to solve the d ifference. The decision of the
commission, after endorsement by the President, shall be enforced. If the joint commission does
not solve the difference, the decision shall be cons idered rejected. In such situation, the House
of People shall pass it with two-thirds majority in i ts next session. This decision, without
submission to the House of Elders, shall be promulgat ed once endorsement by the President.
Article One Hundred One
No member of the National Assembly shall be legally prosecuted for reasons of voting or views
expressed during performance of duty.
Article One Hundred Two
If a member of the National Assembly is accused of a crime, the responsible official shall inform
the House of which the accused is a member, and the accused shall be legally prosecuted. In
case of an evident crime, the responsible official s hall legally pursue and arrest the accused
without the permission of the House of which the acc used is a member.

Islamic Republic of Afghanistan The Constitution
29

In both cases, if the legal prosecution requires deten
tion, the responsible official shall
immediately inform the respective House and obtain i ts approval. If the accusation takes place
during an Assembly recess, the permission for arrest or d etention shall be obtained from the
administrative board of the respective House, and the issue shall be referred to the first session
of the aforementioned House for decision.
Article One Hundred Three
The Ministers can participate in the sessions of eith er House of the National Assembly. Either
House of the National Assembly can demand the partic ipation of the Ministers in its session.
Article One Hundred Four
Both Houses of the National Assembly shall convene their sessions concurrently, but
separately. Sessions of the two Houses shall be hel d jointly under the following circumstances:
1. When the legislative term or annual sessions are inau gurated by the President;
2. When deemed necessary by the President.
The President of the House of People shall preside ov er the joint sessions of the National
Assembly.
Article One Hundred Five
The sessions of the National Assembly shall be open unless the President of the Assembly or at
least ten members of the National Assembly request th eir secrecy and the Assembly grants their
request. No one shall enter the National Assembly b uilding by force.
Article One Hundred Six
The quorum for voting of each House of the National A ssembly shall be complete with the
majority presence of members and decisions shall be t aken with the majority of votes of
members present, unless this Constitution states othe rwise.
Article One Hundred Seven
The National Assembly shall hold two regular sessions annually. The term of both regular
sessions shall be nine months every year, and when n eeded, the Assembly shall extend its term.
Extraordinary sessions of the Assembly during recess shall be convened by Presidential order.
Article One Hundred Eight
In cases of death, resignation, and dismissal of a m ember of the National Assembly or disability
or handicap, which impedes permanent performance of du ty, the placement of the new
representative for the remaining period of the legisla tive term shall be in accordance with

Islamic Republic of Afghanistan The Constitution
30

provisions of the law. Matters related to the presence
and absence of members of the National
Assembly shall be regulated by the Internal Duties S tatute.
Article One Hundred Nine
Proposals for amending elections law shall not be inc luded in the work agenda of the National
Assembly during the last year of the legislative term .

Islamic Republic of Afghanistan The Constitution
31

Chapter Six:
Loya Jirga
Article One Hundred Ten
The Loya Jirga is the highest manifestation of the w ill of the people of Afghanistan. The Loya
Jirga consists of:
1. Members of the National Assembly;
2. Presidents of the provincial as well as district assem blies.
Ministers, Chief Justice and members of the Supreme Co urt as well as the attorney general shall
participate in the Loya Jirga sessions without votin g rights.
Article One Hundred Eleven
The Loya Jirga shall convene in the following situa tions:
1. To decide on issues related to independence, nationa l sovereignty, territorial
integrity as well as supreme national interests;
2. Amend provisions of this Constitution;
3. Impeach the President in accordance with the provisio ns of Article Sixty Nine of
the Constitution.

Islamic Republic of Afghanistan The Constitution
32
Article One Hundred Twelve

In its first session, the Loya Jirga shall elect, from amongst its members, a Chairperson, a
Deputy-Chair, and a Secretary and an Assistant Secreta ry.
Article One Hundred Thirteen
The quorum of the Loya Jirga shall be complete for vot ing with the presence of the majority of
members. The decision of the Loya Jirga, except in s ituations explicitly stated in this
Constitution, shall be adopted by a majority of memb ers present.
Article One Hundred Fourteen
Sessions of the Loya Jirga shall be open unless one fourth of its membership demand secrecy,
and the Loya Jirga accept this demand.
Article One Hundred Fifteen
During the sessions of the Loya Jirga, provisions of Articles One Hundred One and One
Hundred Two of this Constitution shall be applied to its members.

Islamic Republic of Afghanistan The Constitution
33

Chapter Seven:
The Judiciary
Article One Hundred Sixteen
The judiciary shall be an independent organ of the s tate of the Islamic Republic of Afghanistan.
The judiciary shall be comprised of one Supreme Court, Courts of Appeal as well as Primary
Courts whose organization and authority shall be regu lated by law. The Supreme Court shall be
the highest judicial organ, heading the judicial pow er of the Islamic Republic of Afghanistan.
Article One Hundred Seventeen
The Supreme Court shall be comprised of nine members, appointed by the President and with
the endorsement of the House of People, and in obser vance of the provisions of clause three of
Article Fifty as well as Article One Hundred Eightee n of this Constitution, shall be initially
appointed in the following manner:
Three members for a period of four years, three members for seven years, and three members
for ten years. Later appointments shall be for period of ten years. Appointment of members for a
second term shall not be permitted.
The President shall appoint one of its members as Chi ef Justice of the Supreme Court.
Members of the Supreme Court, except under circumstance s stated in Article One Hundred
Twenty Seven of this Constitution, shall not be dis missed till the end of their term.
Article One Hundred Eighteen
Supreme Court members shall have the following qualifi cations:

Islamic Republic of Afghanistan The Constitution
34
1.
At time of appointment the age of the Chief Justice of the Supreme Court and its
members shall not be less than forty year.
2. Shall be a citizen of Afghanistan.
3. Shall have higher education in legal studies or Isl amic jurisprudence as well as
expertise and adequate experience in the judicial sys tem of Afghanistan.
4. Shall have good character as well as good reputation.
5. Shall not have been convicted, by a court, for crimes against humanity, crimes, or
deprivation of civil rights.
6. Shall not be a member of any political party during h is term of duty.
Article One Hundred Nineteen
Members of the Supreme Court shall take the following oath of office in the presence of the
President:
“In the of God, Most Gracious, Most Merciful, I swear in the name of God Almighty to attain
justice and righteousness in accordance with tenets o f the Holy religion of Islam, provisions of
this Constitution as well as other laws of Afghanist an, and to execute the judicial duty with
utmost honesty, righteousness and impartiality.”
Article One Hundred Twenty
The authority of the judicial organ shall include co nsideration of all cases filed by real or
incorporeal persons, including the state, as plaintif fs or defendants, before the court in
accordance with the provisions of the law.
Article One Hundred Twenty-One
At the request of the Government, or courts, the Supre me Court shall review the laws, legislative
decrees, international treaties as well as internationa l covenants for their compliance with the
Constitution and their interpretation in accordance wi th the law.
Article One Hundred Twenty-Two
No law shall, under any circumstances, exclude any ca se or area from the jurisdiction of the
judicial organ as defined in this chapter and submit it to another authority. This provision shall
not prevent formation of special courts stipulated in Articles Sixty- Nine, Seventy-Eight and One
Hundred Twenty Seven of this Constitution, as well a s cases related to military courts. The
organization and authority of these courts shall be re gulated by law.

Islamic Republic of Afghanistan The Constitution
35
Article One Hundred Twenty-Three

With respect to the provisions of this Constitution, statutes related to the formation, authority,
as well as proceedings of courts and matters related to judges, shall be regulated by law.
Article One Hundred Twenty-Four
Provision of Laws related to civil servants as well a s other administrative staff of the state shall
also apply to the officials and the administrative p ersonnel of the judiciary; but the Supreme
Court in accordance with the law shall regulate their a ppointment, dismissal, promotion,
retirement, rewards and punishments.
Article One Hundred Twenty-Five
The budget of the judiciary shall be prepared by the Supreme Court in consultation with the
Government, and shall be presented to the National As sembly as part of the national budget.
The Supreme Court shall implement the budget of the j udiciary.
Article One Hundred and Twenty-Six
Supreme Court judges shall receive lifetime pensions a t the end of their term of service provided
they do not hold state and political offices.
Article One Hundred Twenty-Seven
If more than one third of the members of the House of People demand the trial of the Chief
Justice of the Supreme Court or any of its members accu sed of a crime related to job
performance or committing a crime, and, the House of P eople approves this demand by two
thirds majority of all members, the accused shall be d ismissed and the issue referred to a special
court. The formation of the court and procedure of the trial shall be regulated by law.
Article One Hundred Twenty-Eight
In the courts in Afghanistan, trials shall be held op enly and every individual shall have the right
to attend in accordance with the law. In situations clarified by law, the court shall hold secret
trials when it considers necessary, but pronouncement of its decision shall be open in all cases.
Article One Hundred Twenty-Nine
In issuing decision, the court is obligated to state the reason for its verdict. All final decisions of
the courts shall be enforced, except for capital punis hment, which shall require Presidential
approval.
Article One Hundred Thirty
In cases under consideration, the courts shall apply p rovisions of this Constitution as well as
other laws. If there is no provision in the Constitut ion or other laws about a case, the courts

Islamic Republic of Afghanistan The Constitution
36

shall, in pursuance of Hanafi jurisprudence, and, wit
hin the limits set by this Constitution, rule
in a way that attains justice in the best manner.
Article One Hundred Thirty-One
The courts shall apply the Shia jurisprudence in cases involving personal matters of followers of
the Shia sect in accordance with the provisions of th e law. In other cases, if no clarification in
this Constitution and other laws exist, the courts sh all rule according to laws of this sect.
Article One Hundred Thirty-Two
Judges are appointed at the proposal of the Supreme Co urt and approval of the President.
Appointment, transfer, promotion, punishment and propo sals for retirement of judges, carried
out according to provisions of the laws, shall be wit hin the authority of the Supreme Court. To
better regulate judicial as well as judicial adminis trative matters and attain necessary reforms,
the Supreme Court shall establish the Office of Genera l Administration of the Judiciary.
Article One Hundred Thirty-Three
When a judge is accused of a crime, the Supreme Court shall, in accordance with the provisions
of the law, consider the case. After hearing the def ense, if the Supreme Court considers the
accusation valid, it shall present a proposal to the President for dismissal of the judge. After
Presidential approval, the accused judge shall be dis missed and punished according to the
provisions of the law.
Article One Hundred Thirty-Four
Discovery of crimes shall be the duty of police, an d investigation and filing the case against the
accused in the court shall be the responsibility of t he Attorney’s Office, in accordance with the
provisions of the law. The Attorney’s Office shall b e part of the Executive organ and shall be
independent in its performance. The organization, aut hority as well as method of work of the
Attorney’s Office shall be regulated by law. Special law shall regulate discovery and
investigation of crimes of duty by the armed forces, police and officials of national security.
Article One Hundred Thirty-Five
If a party in lawsuit does not know the language, th e right to know the materials and documents
of the case as well as conversation in the court, sha ll be provided in the party’s mother tongue
through a translator appointed by the court.

Islamic Republic of Afghanistan The Constitution
37

Chapter Eight:
Administration
Article One Hundred Thirty-Six
The administration of the Islamic Republic of Afghan istan, based on the units of the central
government and local offices, shall be regulated acco rding to the law. The central
administration shall be divided into several administ rative units, each headed by a Minister.
The local administrative unit shall be a province. The number, area, divisions and related
provincial organizations as well as number of offices shall be regulated on the basis of
population, social and economic conditions, as well as geographical location.
Article One Hundred Thirty-Seven
The government, in preserving the principles of central ism, shall transfer necessary powers, in
accordance with the law, to local administrations in order to accelerate and improve economic,
social as well as cultural matters, and foster peoples ’ participation in developing national life.
Article One Hundred Thirty-Eight
There shall be a provincial council in every province . Members of the provincial councils
according to law, shall be elected for four years by th e residents of the province, proportionate to
the population, through free, general, secret as well a s direct elections. The provincial council
shall elect one of its members as President.
Article One Hundred Thirty-Nine
The provincial council shall participate in the attai nment of the development objectives of the
state and improvement of the affairs of the province i n the manner prescribe by laws, and shall

Islamic Republic of Afghanistan The Constitution
38

advise the provincial administrations on related issu
es. The provincial assembly council shall
perform its duties with the cooperation of the provinc ial administration.
Article One Hundred Forty
Councils shall be established to organize activities as well as attain active participation of the
people in provincial administrations in districts and in villages, in accordance with the
provisions of the law. Local residents shall elect m embers of these councils for three years
through free, general, secret as well as direct electi ons. Participation of nomads in these local
councils shall be regulated in accordance with the pro visions of the law.
Article One Hundred Forty-One
To administer city affairs, municipalities shall be e stablished. The mayor and members of
municipal councils shall be elected through free, gen eral, secret and direct elections. Matters
related to municipalities shall be regulated by law.
Article One Hundred Forty-Two
To implement the provisions as well as attain values enshrined in this Constitution, the state
shall establish necessary offices.

Islamic Republic of Afghanistan The Constitution
39

Chapter Nine:
State of Emergency
Article One Hundred Forty-Three
If because of war, threat of war, serious rebellion, na tural disasters or similar conditions,
protection of independence and national life become impossible through the channels specified
in this Constitution, the state of emergency shall b e proclaimed by the President, throughout the
country or part thereof, with endorsement of the Nation al Assembly. If the state of emergency
continues for more than two months, the consent of th e National Assembly shall be required for
its extension.
Article One Hundred Forty-Four
During the state of emergency, the President can, in c onsultation with the presidents of the
National Assembly as well as the Chief Justice of t he Supreme Court, transfer some powers of
the National Assembly to the government.
Article One Hundred Forty-Five
During the state of emergency, the President can, aft er approval by the presidents of the
National Assembly as well as the Chief Justice of t he Supreme Court, suspend the enforcement
of the following provisions or place restrictions on t hem:
1. Clause Two of Article Twenty-Seven;
2. Article Thirty-Six;
3. Clause Two of Article Thirty-Seven;

Islamic Republic of Afghanistan The Constitution
40
4.
Clause Two of Article Thirty-Eight.
Article One Hundred Forty-Six
The Constitution shall not be amended during the sta te of emergency.
Article One Hundred Forty-Seven
If the presidential term or the legislative term of t he National Assembly expires during the state
of emergency, the new general elections shall be pos tponed, and the presidential as well as
parliamentary terms shall extend up to four months. I f the state of emergency continues for
more than four months, the President shall call the Lo ya Jirga. Within two months after the
termination of the state of emergency, elections shal l be held.
Article One Hundred Forty-Eight
At the termination of the state of emergency, measures adopted under Article One Hundred
Forty-Four and One Hundred Forty-Five of this Constitu tion shall be void immediately.

Islamic Republic of Afghanistan The Constitution
41

Chapter Ten:
Amendments
Article One Hundred Forty-Nine
The principles of adherence to the tenets of the Hol y religion of Islam as well as Islamic
Republicanism shall not be amended. Amending funda mental rights of the people shall be
permitted only to improve them. Amending other article s of this Constitution, with due respect
to new experiences and requirements of the time, as w ell as provisions of Articles Sixty-Seven
and One Hundred Forty-Six of this Constitution, shall become effective with the proposal of the
President and approval of the majority of National Ass embly members.
Article One Hundred Fifty
To process the amendment proposals, a commission comp rised of members of the Government,
National Assembly as well as the Supreme Court shall be formed by presidential decree to
prepare the draft proposal. To approve the amendment, t he Loya Jirga shall be convened by a
Presidential decree in accordance with the provisions o f the Chapter on Loya Jirga. If the Loya
Jirga approves the amendment with the majority of two thirds of its members, the President
shall enforce it after endorsement.

Islamic Republic of Afghanistan The Constitution
42

Chapter Eleven:
Miscellaneous Provisions
Article One Hundred Fifty-One
The President, Vice-Presidents, Ministers, Chief Just ice and members of the Supreme Court, the
Attorney General, Heads of the Central Bank and Nation al Directorate of Security, Governors
and Mayors, during their term of offices, shall not en gage in any profitable business with the
state.
Article One Hundred Fifty-Two
The President, Vice-Presidents, Ministers, Chief Just ice and members of the Supreme Court,
Presidents and members of the National Assembly, the Attorney General and judges shall not
engage in other jobs during their term of office.
Article One Hundred Fifty-Three
Judges, Attorneys, Officers of the Armed Forces, Police and officials of the National Security
shall not become members of political parties during their term of office.
Article One Hundred Fifty-Four
The wealth of the President, Vice-Presidents, Ministe rs, members of the Supreme Court as well
as the Attorney General, shall be registered, reviewed a nd published prior to and after their
term of office by an organ established by law.
Article One Hundred Fifty-Five

Islamic Republic of Afghanistan The Constitution
43

Suitable salaries shall be fixed for Vice-Presidents,
Ministers, Presidents, as well as members of
the National Assembly and Supreme Court, judges, and Attorney General in accordance with the
provisions of the law.
Article One Hundred Fifty-Six
The Independent Elections Commission shall be estab lished to administer and supervise every
kind of elections as well as refer to general public o pinion of the people in accordance with the
provisions of the law.
Article One Hundred Fifty-Seven
The Independent Commission for supervision of the im plementation of the Constitution shall be
established in accordance with the provisions of the law. Members of this Commission shall be
appointed by the President with the endorsement of t he House of People.

Islamic Republic of Afghanistan The Constitution
44

Chapter Twelve:
Transitional Provisions
Article One Hundred Fifty-Eight
The title of the Father of the Nation and privileges bestowed upon His Majesty Mohammad
Zahir Shah, the former King of Afghanistan, by the Emergency Loya Jirga of one thousand three
hundred and eighty one (HS), (2002), with due respect to provisions of this Constitution, shall
be preserved during his lifetime.
Article One Hundred Fifty-Nine
The interim period between the adoption of the Const itution and the inauguration of the
National Assembly shall be considered the transition period.
The Islamic Transitional Government of Afghanistan, d uring the transitional period, shall
perform the following duties:
1. Issuing legislative decrees related to elections of the President, National Assembly
as well as local councils within six months;
2. Issuing decrees regarding the organization and authorit y of courts as well as the
commencement of work on fundamental organizations law in less than one year;
3. Establishing the Independent Elections Commission;
4. Completing necessary reforms to better regulate executi ve as well as judicial
affairs;
5. Adopting necessary measures to prepare the ground for implementing provisions
of the Constitution.

Islamic Republic of Afghanistan The Constitution
45
Article One Hundred Sixty

The first President-Elect shall, according to provision s of this Constitution, commence work
thirty days after election results are declared. Multil ateral efforts shall be made to hold
presidential as well as National Assembly elections concurrently and simultaneously. Pending
the establishment of the National Assembly, its pow ers, enshrined in this Constitution, shall be
submitted to the government, and the interim Supreme Court shall be established by
presidential decree.
Article One Hundred Sixty-One
Immediately after inauguration, the National Assemb ly shall exercise its powers in accordance
with the provisions of this Constitution. After ina uguration of the first session of the National
Assembly, within thirty days, the government as well as the Supreme Court shall be inaugurated
in accordance with the provisions of the Constitution . The President of the Islamic Transitional
Government of Afghanistan shall perform his duties unt il the inauguration of the President-
Elect. The executive and judicial organs of the sta te, in accordance with Clause Four of Article
One Hundred Fifty-Nine of this Constitution, shall c ontinue with their duties pending the
formation of the government as well as the Supreme Cou rt. Legislative decrees enforced from
the beginning of the interim period shall be referred to the first session of the National
Assembly. These decrees shall be enforceable unless annulled by the National Assembly.
Article One Hundred Sixty-Two
This Constitution shall be enforced from the date of approval by the Loya Jirga, and endorsed
and proclaimed by the President of the Islamic Transit ional Government of Afghanistan. Upon
the enforcement of this Constitution, laws and legis lative decrees contrary to its provisions shall
be invalid.

***END***

-->