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Afghanistan's Constitutions

World Constitutions

____________

DRAFT CONSTITUTION
FOR THE TRANSITIONAL PERIOD

REPUBLIC OF AFGHANISTAN


The Draft Constitution for the Transitional Period in Afghanistan has been posted on our website, 11AA.com on October 17th 2001. An Afghan American lawyer, Mohamad Salim Modjaz PhD. has prepared this Draft. Dr. Mohamad Salim Modjaz is a former Deputy Minister of Justice of Afghanistan, former Vice President of Lawyers Association of Afghanistan, Secretary of the Drafting Committee of the Constitution of 1987 of Afghanistan and former member of the Constitutional Council of Afghanistan.

The following concerns of Afghans have been reflected in this Draft Constitution:

A- Concerns about the stability of Afghanistan.

1- After more than 20 years of war, the stability politic is one of the main concerns of this Draft. In Afghanistan coalitions have been and are always very fragile. If a broad based coalition breaks in the future, The Government should not be affected, that is why in this Draft the coalition is built at the level of the Salvation Front not at the level of Government. The main logic of the formation of the Salvation Front during the Transitional Period is to ensure the formation of an effective and stable broad based coalition.

2-Acourding to this Draft, the Government shall not be dissolved during the Transitional Period.

3-The National Assembly shall not vote the (No Confidence) to the Government during the Transitional Period.

B- Concerns about the neutrality of the Interim Government, during the elections.

The Transitional Government conducts the country towards the elections; therefore, it shall be neutral before and during the elections. That is why:

1-The members of political parties shall not be appointed as members of the Government, and as judges of the Supreme Court.

2-The President shall not be elected for a second term, otherwise he would intervene into the pre election preparations in favor of his reelection.

C- Concerns about the multi ethnic conflicts in Afghanistan.

1- Article 200 and Chapter nine of this Draft, without damaging the unitary and indivisibility of Afghanistan, ensure the gradual self-administration of the local bodies.

2- Diversity of the composition of the Senate is another guarantee in this field.

D- Concerns about the implementations of promises given to the people of Afghanistan during the Transitional Period.

Chapter twelve, ensures and guarantees these promises, during the Transitional Period.

E- Concerns about the implementation of the Constitution.

The followings dispositions are strong guarantees in this field:

1- Swear of the President in article 320

2- The Formation of Constitutional Guardian Council.

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CHAPTER ONE

FOUNDATIONS OF THE POLITICAL SYSTEM


ARTICLE 100:

THE REPUBLIC OF AFGHANISTAN IS AN INDEPENDENT, UNITARY, INDIVISIBLE AND ISLAMIC STATE, HAVING SOVEREIGNTY OVER THE WHOLE OF ITS TERRITORY.
NATIONAL SOVEREIGNTY IN THE REPUBLIC OF AFGHANISTAN BELONGS TO THE PEOPLE. THE PEOPLE EXERCISE NATIONAL SOVEREIGNTY THROUGH LOYA JIRGA AND NATIONAL ASSEMBLY.

ARTICLE 110:

THE SACRED RELIGION OF ISLAM IS THE RELIGION OF AFGHANISTAN. IN THE REPUBLIC OF AFGHANISTAN NO LAW SHALL RUN COUNTER TO THE PRINCIPLES OF THE SACRED RELIGION OF ISLAM AND OTHER VALUES ENSHRINED IN THIS CONSTITUTION.

ARTICLE 120:

THE REPUBLIC OF AFGHANISTAN IS A NONALIGNED COUNTRY WHICH DOES NOT JOIN ANY MILITARY BLOC AND DOES NOT ALLOW THE ESTABLISHMENT OF FOREIGN MILITARY BASES ON ITS TERRITORY.
STATE IN ORDER TO PROMOTE THE INTERNATIONAL PRESTIGE OF AFGHANISTAN, AND TO GIVE ASSURANCE TO THE NEIGHBORING COUNTRIES SHALL TAKE THE APPROPRIATE MEASURES TO GET THE INTERNATIONAL GUARANTIES FOR THE NEUTRALITY AND THE DEMILITARIZATION OF AFGHANISTAN.


ARTICLE 130:

IN THE REPUBLIC OF AFGHANISTAN THE SALVATION FRONT OF AFGHANISTAN IS THE SUPREME LEADING AUTHORITY OF THE SOCIETY AND THE STATE AND THE HIGHEST BODY OF COALITION BETWEEN POLITICAL PARTIES, TANZIMS, ORGANIZATIONS DEFENDING THE INTERESTS OF NATIONALITIES, CLANS AND TRIBES AND SOCIAL ORGANIZATIONS AND IS IN ACTIVITY UNTIL THE END OF THE TRANSITIONAL PERIOD.

ARTICLE 140:

THE SOLVATION FRONT OF AFGHANISTAN AS A TRANSITIONAL BODY HAS THE FOLLOWING STRUCTURE:
1- THE CENTRAL COUNCIL WHICH ITS MEMBERS SHALL BE DESIGNATED PROPORTIONAL TO THE POPULARITY OF POLITICAL PARTIES, TANZIMS AND POLITICAL FORCES OBTAINED BY PUBLIC OPINION POLLS AND PROPORTIONAL TO THE APPROXIMATE PERCENTAGES OF POPULATION OF NATIONALITIES, TRIBES AND CLANS OF AFGHANISTAN .
2-THE EXECUTIVE COMMITTEE OF THE SALVATION FRONT OF AFGHANISTAN CONSIST OF 10 MEMBERS, ELECTED BY SECRET BALLOT AMONG THE MEMBERS OF CENTRAL COUNCIL OF THE SALVATION FRONT OF AFGHANISTAN.

ARTICLE 150:

1)THE PRESIDENT WHO IS ELECTED BY LOYA JIRGA LEADS THE SALVATION FRONT OF AFGHANISTAN TOO. WITH THE MEMBERSHIP OF PRESIDENT THE TOTAL NUMBERS OF EXECUTIVE COMMITTEE IS ELEVEN.
2) THE EXECUTIVE COMMITTEE SHALL ELECT THE VICE PRESIDENTS, AND SECRETARY OF THE SALVATION FRONT OF AFGHANISTAN AMONG ITS MEMBERS BY SECRET BALLOT.

ARTICLE 160:
THE SALVATION FRONT OF AFGHANISTAN ENJOYS THE FOLLOWING POWERS:
1) TO APPROVE THE BASIC LINES OF SOCIOECONOMIC SYSTEM OF THE REPUBLIC OF AFGHANISTAN.
2) TO APPROVE THE FOREIGN POLICY OF AFGHANISTAN DURING THE TRANSITIONAL PERIOD.
3) TO APPROVE MEMBERSHIP OF HOUSE OF REPRESENTATIVES PROPORTIONAL TO THE POPULARITY OF POLITICAL PARTIES, TANZIMS AND POLITICAL FORCES OBTAINED BY PUBLIC OPINION POLLS.
TO APPROVE MEMBERSHIP OF SENATE PROPORTIONAL TO THE APPROXIMATE PERCENTAGES OF POPULATION OF NATIONALITIES, TRIBES AND CLANS OF AFGHANISTAN .
4) TO APPOINT THE PRIME MINISTER DESIGNATE TO FORM THE GOVERNMENT
5) TO APPROVE THE APPOINTMENT, PROMOTION AND PENSION OF JUDGES, HIGH RANKING OFFICIALS AND OFFICERS OF THE ARMED FORCES IN ACCORDANCE TO THE PROVISIONS OF THE LAW
6) TO APPROVE THE NATIONAL ANTHEM OF THE REPUBLIC OF AFGHANISTAN.
7) TO UNDERTAKE APPROPRIATE MEASURES FOR THE FORMATION OF A NATIONAL CENTRAL ARMY.
8) TO UNDERTAKE APPROPRIATE MEASURES FOR RECONSTRUCTION OF AFGHANISTAN AND TO SEEK FOREIGN FINANCIAL CONTRIBUTIONS IN THIS FIELD.

ARTICLE 170:

PASHTU AND DARI ARE OFFICIAL LANGUAGES AMONG THE NATIONAL LANGUAGES OF THE COUNTRY.

ARTICLE 180:

THE FLAG OF AFGHANISTAN IS TRI COLOR (BLACK, RED AND GREEN) ALL PIECES JOINED TOGETHER VERTICALLY FROM LEFT TO RIGHT IN EQUAL PROPORTIONS; THE BREADTH OF EACH STRIP EQUALING HALF OF ITS LENGTH, HAVING IN THE MIDDLE THE INSIGNIA OF THE MEHRAB (AN ARCH IN A MOSQUE WHERE THE PRAYING CONGREGATION STANDS, FACING THE KAABA IN MECCA) AND THE MENDER (A MANY TIERED PULPIT PLACED TO THE RIGHT OF THE METHRAB IN A MOSQUE, FROM WHICH ADDRESSES ARE DELIVERED) IN WHITE, FLANKED BY TWO FLAGS AND ENSCONCED IN TWO SHEAVES OF WHEAT.

ARTICLE 190:

THE CAPITAL OF THE REPUBLIC OF AFGHANISTAN IS KABUL.

ARTICLE 200:

THE REPUBLIC OF AFGHANISTAN IS A MULTI-NATIONAL COUNTRY.
1)THE STATE SHALL ENSURE BALANCED PARTICIPATION OF ALL NATIONALITIES, TRIBES AND CLANS OF THE COUNTRY IN ALL CIVIL AND MILITARY STATE BODIES.
2) THE STATE SHALL FOLLOW THE POLICY OF ALL ROUND GROWTH, UNDERSTANDING, FRIENDSHIP AND COOPERATION BETWEEN ALL NATIONALITIES, CLANS AND TRIBES OF THE COUNTRY FOR ENSURING POLITICAL, ECONOMIC, SOCIAL AND CULTURAL EQUALITY.
3) THE STATE SHALL CREATE SUITABLE ENVIRONMENT FOR RAPID GROWTH AND DEVELOPMENT OF REGIONS WHICH ARE SOCIALLY, ECONOMICALLY AND CULTURALLY BACKWARD.
4)THE STATE SHALL GRADUALLY PREPARE THE GROUNDS FOR THE CREATION OF ADMINISTRATIVE UNITS BASED ON NATIONAL CHARACTERISTICS AND LOCAL SELF-ADMINISTRATION.
5)THE STATE SHALL ADOPT NECESSARY MEASURES FOR THE GROWTH OF CULTURE, LANGUAGE AND LITERATURE OF THE PEOPLE OF AFGHANISTAN AS WELL AS PRESERVE AND DEVELOP THE WORTHY CULTURAL, TRADITIONAL, LINGUISTIC, LITERARY AND FOLKLORIC LEGACY OF ALL NATIONALITIES, CLANS AND TRIBES.

ARTICLE 210:

CITIZENS OF THE REPUBLIC OF AFGHANISTAN, BOTH MEN AND WOMEN HAVE EQUAL RIGHTS AND DUTIES BEFORE THE LAW, IRRESPECTIVE OF THEIR NATIONAL, RACIAL, LINGUISTIC, TRIBAL EDUCATIONAL AND SOCIAL STATUS, RELIGIOUS CREED POLITICAL CONVICTION, OCCUPATION, KINSHIP, WEALTH, AND RESIDENCE. DESIGNATION OF ANY ILLEGAL PRIVILEGE OR DISCRIMINATION AGAINST RIGHTS AND DUTIES OF CITIZENS ARE FORBIDDEN

ARTICLE 220:

THE STATE SHALL GUARANTEE THE RIGHTS OF WOMEN IN ALL RESPECTS, BY OBSERVING THE PRINCIPLES OF ISLAM, AND SHALL CARRY OUT THE FOLLOWINGS:

1) TO CREATE SUITABLE ENVIRONMENT FOR THE EDUCATION OF GIRLS AS WELL AS BOYS.
2) TO ASSURE THE RIGHT FOR WOMEN TO WORK WITHOUT DISCRIMINATION.
3) TO PROTECT MOTHERS, PARTICULARLY DURING THE PERIOD OF PREGNANCY AND CUSTODY OF CHILDREN.
4) TO PROTECT THE WOMEN AND MOTHERS WHO'S HUSBANDS OR CHILDREN ARE KILLED HANDICAPPED OR DISABLED.

CHAPTER TWO

BASIC RIGHTS, FREEDOMS AND DUTIES OF CITIZENS AND
LOYA JIRGA

ARTICLE 230:
SUBJECT TO THE UNIVERSAL DECLARATION OF HUMAN RIGHTS, THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, AND THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, ARTICLES 25 TO 39 OF CHAPTER THREE OF THE CONSTITUTION OF 1963, SHALL BE INDIVISIBLE PARTS OF THIS CHAPTER OF THE TRANSITIONAL CONSTITUTION.

ARTICLE 240:
THE LOYA JIRGA WHICH IS THE HIGHEST MANIFESTATION OF THE WILL OF THE PEOPLE OF AFGHANISTAN IN ACCORDANCE WITH NATIONAL AND HISTORICAL TRADITIONS SHALL CONVENE AS:
1) THE EMERGENCY LOYA JIRGA.
2) THE CONSTITUENT ASSEMBLY.

ARTICLE 250:
THE EMERGENCY LOYA JIRGA WHICH APPROVED THIS TRANSITIONAL CONSTITUTION MAY BE CONVENED IN EMERGENCY CIRCUMSTANCES ACCORDING AFGHANISTAN’S TRADITIONS.

ARTICLE 260:
THE CONSTITUENT ASSEMBLY CONSIST OF:
1) MEMBERS OF CENTRAL COUNCIL OF THE SALVATION FRONT OF AFGHANISTAN;
2) MEMBERS OF BOTH HOUSES OF THE NATIONAL ASSEMBLY;
3) VICE PRESIDENTS;
4) CHAIRMEN OF THE COUNCILS OF THE PROVINCES AND MAYOR OF KABUL;
5) 10 ELECTED REPRESENTATIVES FROM EACH PROVINCE;
6) PRIME MINISTER AND MEMBERS OF THE COUNCIL OF MINISTERS;
7) CHIEF JUSTICE AND MEMBERS OF SUPREME COURT;
8) CHAIRMAN AND MEMBERS OF THE CONSTITUTIONAL GUARDIAN COUNCIL;
9) A MAXIMUM OF SIXTY PERSONS FROM AMONG PROMINENT POLITICAL, SCIENTIFIC, SOCIAL AND RELIGIOUS FIGURES TO BE APPOINTED BY THE PRESIDENT FROM A LIST PROPOSED BY THE CENTRAL COUNCIL OF THE SALVATION FRONT;

ARTICLE 270:

THE CONSTITUENT ASSEMBLY ENJOYS THE FOLLOWING POWERS:

1) TO APPROVE AND AMEND THE CONSTITUTION.
2) TO ELECT THE PRESIDENT AND TO ACCEPT THE PRESIDENT'S RESIGNATION.
3) TO CONSENT TO THE DECLARATION OF WAR AND ARMISTICE.
4) TO ADOPT DECISIONS ON THE MOST IMPORTANT QUESTIONS REGARDING THE DESTINY OF THE COUNTRY.

ARTICLE 280:

1)SAVE IN CASES OTHERWISE DEFINED IN THIS CONSTITUTION, THE LOYA JIRGA SHALL BE SUMMONED AND OPENED BY THE PRESIDENT AND ITS SESSIONS SHALL BE HELD UNDER THE CHAIRMANSHIP OF THE PRESIDENT OR ANY OTHER PERSON APPOINTED BY THE PRESIDENT AS HIS REGENT.
2)THE QUORUM FOR THE LOYA JIRGA SHALL BE TWO THIRD OF ITS MEMBERS PRESENT.
3)SAVE IN CASES OTHERWISE DEFINED IN THIS CONSTITUTION, THE DECISIONS OF THE LOYA JIRGA SHALL BE ADOPTED BY A MAJORITY VOTE OF ITS MEMBERS.

ARTICLE 290:

ELECTIONS TO LOYA JIRGA SHALL BE REGULATED BY LAW AND ITS RULES OF PROCEDURE LAID DOWN BY THE LOYA JIRGA ITSELF.


CHAPTER THREE

THE PRESIDENT


ARTICLE 300:

THE PRESIDENT IS THE HEAD OF THE STATE AND SHALL EXERCISE HIS POWERS IN LEGISLATIVE, EXECUTIVE AND JUDICIAL SPHERES IN ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION AND THE LAWS OF THE REPUBLIC OF AFGHANISTAN.

ARTICLE 310:

1) THE PRESIDENT SHALL BE ELECTED BY A MAJORITY VOTE OF THE EMERGENCY LOYA JIRGA
FOR THE TERM OF TRANSITIONAL PERIOD.
2) DURING THE TRANSITIONAL PERIOD THE PRESIDENT ENJOYS THE POWER OF PRESIDENCY OF THE SALVATION FRONT OF AFGHANISTAN TOO.
3)AT THE END OF TRANSITIONAL PERIOD THE PRESIDENT SHALL NOT BE ELECTED FOR A SECOND TERM.

ARTICLE 320:

THE PRESIDENT, AFTER BEING ELECTED, SHALL TAKE THE FOLLOWING OATH: 'I SWEAR IN THE NAME OF ALLAH, THE ALMIGHTY, TO PROTECT THE PRINCIPLES OF SACRED RELIGION OF ISLAM, OBSERVE THE CONSTITUTION OF THE REPUBLIC OF AFGHANISTAN AND SUPERVISE ITS IMPLEMENTATION, SAFEGUARD THE INDEPENDENCE, NATIONAL SOVEREIGNTY AND TERRITORIAL INTEGRITY OF AFGHANISTAN, PRESERVE THE BASIC RIGHTS AND FREEDOMS OF THE CITIZENS AND EXERT ALL MY EFFORTS TO ENSURE SOCIAL JUSTICE, PEOPLE'S PROSPERITY, STRENGTHENING OF PEACE AND PROGRESS IN THE COUNTRY'.

ARTICLE 330:
THE PRESIDENT SHALL ENJOY THE FOLLOWING POWERS IN ADDITION TO THOSE ENTRUSTED TO HIM BY OTHER PROVISIONS OF THE CONSTITUTION:

1) SUPREME COMMAND OF THE ARMED FORCES.
2) TO PROMULGATE LAWS AND RESOLUTIONS OF THE NATIONAL ASSEMBLY.
3) TO APPROVE THE HEAD AND MEMBERS OF THE GOVERNMENT AFTER THEY HAVE RECEIVED THE VOTE OF CONFIDENCE OF THE NATIONAL ASSEMBLY AND TO ACCEPT THEIR RESIGNATIONS.
4) PARDON AND REMIT SENTENCES.
5) ACCREDIT THE HEADS OF DIPLOMATIC MISSIONS OF THE REPUBLIC OF AFGHANISTAN TO FOREIGN COUNTRIES AND INTERNATIONAL ORGANIZATIONS.
6) ACCEPT THE CREDENTIALS OF THE HEADS OF DIPLOMATIC MISSIONS OF FOREIGN STATES TO THE REPUBLIC OF AFGHANISTAN.
7) AUTHORIZE THE ISSUE OF MONEY.
8) GRANT CITIZENSHIP AND ASYLUM IN ACCORDANCE WITH THE LAW.
9) EXERCISE OTHER POWERS IN ACCORDANCE WITH THE LAW.

ARTICLE 340:

THE PRESIDENT SHALL CONTINUE IN OFFICE TILL THE END OF HIS TERM EXCEPT IN THE EVENT OF PROTRACTED AND IRREVERSIBLE ILLNESS AND OR RESIGNATION. IN ALL CASES WHEN THE PRESIDENT IS UNABLE TO DISCHARGE HIS DUTIES, THE PRESIDENTIAL FUNCTIONS SHALL BE ENTRUSTED TO THE FIRST VICE PRESIDENT.
DURING THE PERIOD THE PRESIDENTIAL FUNCTIONS, ARE ENTRUSTED TO THE VICE PRESIDENT, THE CONSTITUTION SHALL NOT BE SUBJECT TO AMENDMENT.


CHAPTER FOUR

THE NATIONAL ASSEMBLY


ARTICLE 350:

THE SHURA (NATIONAL ASSEMBLY) IN AFGHANISTAN MANIFESTS THE WILL OF THE PEOPLE AND REPRESENTS THE WHOLE OF THE NATION. THE PEOPLE OF AFGHANISTAN PARTICIPATE THROUGH THE SHURA (NATIONAL ASSEMBLY) IN THE POLITICAL LIFE OF THE COUNTRY.
ALTHOUGH ELECTED FROM A PARTICULAR CONSTITUENCY EACH MEMBER OF THE SHURA (NATIONAL ASSEMBLY) SHALL AT THE TIME OF EXPRESSING HIS OPINION, TAKE THE GENERAL INTEREST OF THE WHOLE OF AFGHANISTAN AS THE BASIS FOR HIS JUDGMENT.

ARTICLE 360:
THE NATIONAL ASSEMBLY CONSISTS OF TWO HOUSES:
THE HOUSE OF REPRESENTATIVES AND THE SENATE.

ARTICLE 370:
SUBJECT TO THE PARAGRAPH 3 OF ARTICLE 160 OF THIS CONSTITUTION, DURING THE TRANSITIONAL PERIOD MEMBERS OF HOUSE OF REPRESENTATIVES AND SENATE SHALL BE APPOINTED BY THE SALVATION FRONT OF AFGHANISTAN.

ARTICLE 380:
IN ADDITION TO OTHER POWERS PRESCRIBED IN THIS CONSTITUTION, THE NATIONAL ASSEMBLY SHALL ENJOY THE FOLLOWING POWERS:

1) TO APPROVE, AMEND AND REPEAL LAWS AND LEGISLATION, DECREES AND TO PRESENT THEM TO THE PRESIDENT FOR SIGNATURE.
2) TO INTERPRET LAWS.
3) TO RATIFY AN ANNUL INTERNATIONAL TREATIES.
4) TO APPROVE SOCIOECONOMIC DEVELOPMENT PLANS AND ENDORSE THE GOVERNMENT'S REPORT ON THEIR EXECUTION.
5) TO APPROVE THE STATE BUDGET AND EVALUATE THE REPORT ON ITS EXECUTION.
6) TO ESTABLISH ADMINISTRATIVE UNITS AND MAKE CHANGES IN THEM.
7) TO ESTABLISH AND ABOLISH MINISTRIES AND CENTRAL ORGANS EQUIVALENT TO THEM.
8) TO DECIDE ON THE APPOINTMENT AND REMOVAL OF VICE PRESIDENTS ON THE BASIS OF RECOMMENDATION AND REQUEST OF THE PRESIDENT.
9) TO AUTHORIZE THE STATE TO RECEIVE LOANS AND GRANT PRIVILEGES OF SUBSTANTIAL IMPORTANCE IN NATIONAL ECONOMY, INCLUDING MONOPOLY.
10) EXERCISE OTHER POWERS IN ACCORDANCE WITH THE LAW.

ARTICLE 390:

THE HOUSE OF REPRESENTATIVES ELECTS AT ITS FIRST SESSION FROM AMONG ITS MEMBERS AN EXECUTIVE COMMITTEE COMPOSED OF A CHAIRMAN, TWO DEPUTY CHAIRMEN AND TWO SECRETARIES FOR THE WHOLE TERM OF THE LEGISLATURE. THE SENATE ELECTS FROM AMONG ITS MEMBERS AN EXECUTIVE COMMITTEE COMPOSED OF A CHAIRMAN FOR A TERM OF FIVE YEARS, TWO DEPUTY CHAIRMEN AND TWO SECRETARIES FOR A TERM OF ONE YEAR. THE CHAIRMAN OF EACH HOUSE OF THE NATIONAL ASSEMBLY SHALL CONDUCT AND MAINTAIN ORDER IN THE RESPECTIVE SESSIONS OF THE HOUSES. IN THE ABSENCE OF THE CHAIRMAN ONE OF THE DEPUTY CHAIRMEN SHALL DISCHARGE HIS DUTIES.

ARTICLE 400:

1)THE ORDINARY SESSIONS OF THE NATIONAL ASSEMBLY ARE HELD TWICE A YEAR, IN THE FIRST WEEK OF THE MONTH OF SUNBOLA AND THE FIRST WEEK OF THE MONTH OF HOOT.
2) EACH REGULAR SESSION OF THE NATIONAL ASSEMBLY, SHALL NOT EXTEND TO MORE THAN THREE MONTHS. IF THE NATIONAL ASSEMBLY IS DISCUSSING THE ANNUAL BUDGET OR THE DEVELOPMENT PLAN, ITS SESSION SHALL NOT BE WOUND UP BEFORE THEIR ENDORSEMENT.
3) IF THE BUDGET IS NOT ENDORSED BEFORE THE BEGINNING OF THE FISCAL YEAR, THE BUDGET OF THE PREVIOUS YEAR SHALL APPLY TILL THE ENDORSEMENT OF THE NEW ANNUAL BUDGET.
4) AN EXTRAORDINARY SESSION OF THE NATIONAL ASSEMBLY CAN BE HELD ON THE DECISION OF THE PRESIDENT, REQUEST OF CHAIRMAN OF EITHER HOUSE OR OF ONE FIFTH OF MEMBERS OF EACH HOUSE.

ARTICLE 410:

THE HOUSES OF NATIONAL ASSEMBLY SHALL HOLD SEPARATE OR JOINT SESSIONS. THE JOINT SESSIONS OF THE NATIONAL ASSEMBLY ARE CHAIRED ALTERNATELY BY THEIR CHAIRMEN. THE PRESIDENT INAUGURATES AND CONCLUDES THE SESSION OF THE NATIONAL ASSEMBLY. THE FIRST SESSION OF NATIONAL ASSEMBLY SHALL BE SUMMONED BY THE PRESIDENT, FIFTEEN DAYS AFTER THE SESSION OF THE EMERGENCY LOYA JIRGA.

ARTICLE 420:

DEBATES IN BOTH HOUSES ARE OPEN EXCEPT WHEN THE GOVERNMENT, THE PRESIDENT OF THE HOUSE OR AT LEAST TEN MEMBERS REQUEST A SECRET SESSION, AND THE HOUSE GRANTS ITS APPROVAL. THE HOUSE CAN, WITH A TWO THIRDS MAJORITY OF THE MEMBERS, CONVENE SECRET PROCEEDINGS INTO OPEN DEBATE. THE PROCEEDINGS OF BOTH HOUSES OF SHURA (NATIONAL ASSEMBLY) ARE RECORDED. NOBODY MAY ENTER THE MEETING PLACE OF THE SHURA (NATIONAL ASSEMBLY) BY FORCE. VIOLATORS SHALL BE PUNISHED ACCORDING TO THE LAW.

ARTICLE 430:

THE QUORUM FOR BOTH HOUSES OF THE NATIONAL ASSEMBLY SHALL BE COMPLETED WHEN TWO THIRD OF THE MEMBERS OF EACH HOUSE ARE PRESENT. THE DECISION OF EACH HOUSE IS PASSED BY A MAJORITY VOTE OF ITS TOTAL MEMBERSHIP.

ARTICLE 440:

EACH HOUSE OF THE NATIONAL ASSEMBLY SHALL ELECT FROM AMONG ITS MEMBERS STANDING COMMISSIONS FOR THE PRELIMINARY CONSIDERATION AND ARRANGEMENT OF THE ISSUES WITHIN ITS COMPETENCE AND THE SUPERVISION OF THE IMPLEMENTATION OF LAWS AND DECISIONS OF THE HOUSE.

ARTICLE 450:

EACH HOUSE OF THE NATIONAL ASSEMBLY IS EMPOWERED TO CONSTITUTE INVESTIGATION, AUDITING AND OTHER TEMPORARY COMMISSIONS AS MAY BE REQUIRED. THE TASKS AND PROCEDURES OF THE INVESTIGATION AND AUDITING COMMISSIONS SHALL BE REGULATED BY THE RESPECTIVE HOUSES OF THE NATIONAL ASSEMBLY.

ARTICLE 460:

MEMBERS OF THE SHURA (NATIONAL ASSEMBLY) CANNOT UNDERTAKE ANY OTHER PROFESSION. THIS RULE DOES NOT APPLY TO AGRICULTURE AND OTHER FREE ENTERPRISES.
SUITABLE SALARIES SHALL BE FIXED IN ACCORDANCE WITH THE LAW FOR MEMBERS OF SHURA (NATIONAL ASSEMBLY).

ARTICLE 470:

THE TWO HOUSES MEET SEPARATELY BUT AT THE SAME TIME. THE MESHRANO JIRGA (SENATE) CAN HOLD EXTRAORDINARY SESSIONS TO STUDY THE BUDGET PROPOSALS OF THE STATE DURING THE TIME WHEN THE WOLESI JIRGA (SENATE) IS ADJOURNED.

ARTICLE 480:

THE MEMBERS OF THE WOLESI JIRGA (HOUSE OF REPRESENTATIVES) MAY PUT QUESTIONS TO THE GOVERNMENT. DEBATE ON THE GOVERNMENT EXPLANATION DEPENDS UPON THE DECISION OF THE HOUSE.
DURING THE TRANSITIONAL PERIOD THE GOVERNMENT SHALL NOT BE SUBJECT TO THE VOTE OF NO CONFIDENCE.

ARTICLE 490:

THE MEMBERS OF THE SHURA (NATIONAL ASSEMBLY) MAY ASK QUESTIONS FROM THE PRIME MINISTER OR THE MINISTERS ABOUT SPECIFIC SUBJECTS. PERSONS THUS ASKED ARE BOUND TO FURNISH A VERBAL OR WRITTEN ANSWER. THIS ANSWER SHALL NOT BE MADE SUBJECT OF DEBATE.

ARTICLE 500:

1- MEMBERS OF THE NATIONAL ASSEMBLY HAVE THE RIGHT TO VOTE AND EXPRESS THEIR VIEWS IN SEPARATE AND JOINT SESSIONS.
2- NO MEMBER OF THE NATIONAL ASSEMBLY SHALL BE SUBJECTED TO LEGAL PROSECUTION FOR A VOTE OR VIEWS EXPRESSED INSIDE OR OUTSIDE THE NATIONAL ASSEMBLY.
3- SAVE IN CASES OF PRIMA FACIE EVIDENCE OF CRIMES, NO MEMBER OF THE NATIONAL ASSEMBLY CAN BE ARRESTED, DETAINED OR SUBJECTED TO JUDICIAL SURVEILLANCE WITHOUT THE CONSENT OF THE HOUSE CONCERNED OR WITHOUT THE CONSENT OF ITS EXECUTIVE COMMITTEE DURING THE INTERVAL BETWEEN TWO SESSIONS OF THE NATIONAL ASSEMBLY.
4- IF A MEMBER OF THE NATIONAL ASSEMBLY IS ARRESTED ON A PRIMA FACIE CASE, THE EXECUTIVE COMMITTEE OF THE HOUSE CONCERNED SHALL BE INFORMED.

ARTICLE 510:

WHEN A BILL IS PLACED ON THE AGENDA OF EITHER OF THE TWO HOUSES, IT IS FIRST REFERRED TO THE COMMITTEE CONCERNED, AND AFTER IT HAS BEEN VOTED ON EACH ARTICLE AND COMMENTED UPON BY THE COMMITTEE, THE BILL IS READ IN THE HOUSE ALONG WITH THE COMMENTS OF THE COMMITTEE, AND DEBATED UPON.
DURING THE TRANSITIONAL PERIOD THE BILL SHALL NOT BE VOTED ON EACH ARTICLE BY THE HOUSE. THE BILL IS APPROVED OR REJECTED AS A WHOLE

ARTICLE 520:

SAVE IN CASES DEFINED OTHERWISE IN THIS CONSTITUTION, THE DECISIONS OF ONE OF THE HOUSES RELATING TO POWERS DESCRIBED UNDER ARTICLE 380 SHALL BE DELIVERED TO THE OTHER HOUSE. IF THE DECISION OF ONE HOUSE IS REJECTED BY THE OTHER, A JOINT COMMITTEE CONSISTING OF AN EQUAL NUMBER OF MEMBERS OF BOTH HOUSES SHALL BE SET UP. THE DECISION OF THE JOINT COMMITTEE SHALL COME INTO FORCE AFTER IT IS SIGNED BY THE PRESIDENT. IF THE JOINT COMMITTEE FAILS TO RESOLVE DIFFERENCES, THE MATTER SHALL BE DISCUSSED IN THE JOINT SESSION OF THE NATIONAL ASSEMBLY AND DECISION TAKEN BY A MAJORITY VOTE OF THE JOINT SESSION.
WHEN THE DIFFERENCES BETWEEN THE TWO HOUSES OF THE SHURA (NATIONAL ASSEMBLY) RELATE TO FINANCIAL BILLS AND ARE NOT RESOLVED BY THE JOINT COMMITTEE, THE WOLESI JIRGA (HOUSE OF REPRESENTATIVE) MAY MOVE THE BILL AGAIN IN THE FOLLOWING SESSION AND APPROVE IT BY A MAJORITY VOTE. THIS ENACTMENT, WITHOUT REFERENCE TO THE MESHRANO JIRGA (SENATE), BECOMES LAW AFTER IT IS SIGNED BY THE PRESIDENT.

ARTICLE 530:

THE DECISIONS OF THE NATIONAL ASSEMBLY ARE ENFORCED AFTER PROMULGATION BY THE PRESIDENT. IN CASE THE PRESIDENT DOES NOT AGREE WITH THE DECISIONS OF THE NATIONAL ASSEMBLY, HE CAN RETURN THEM TO THE NATIONAL ASSEMBLY WITHIN 30 DAYS FROM THE DATE OF RECEIPT ALONG WITH HIS REASONS. AFTER THE ELAPSE OF THIS PERIOD, AND ALSO IF THE NATIONAL ASSEMBLY ENDORSES THE DECISION IN ITS NEXT SESSION WITH TWO THIRDS VOTES OF ITS MEMBERS, THE DECISION SHALL BECOME EFFECTIVE AND THE PRESIDENT SHALL SIGN IT.
ARTICLE 540:
DURING THE TRANSITIONAL PERIOD THE HOUSE OF REPRESENTATIVES SHALL NOT BE DISSOLVED.

ARTICLE 450:

THE LAWS AND RESOLUTIONS OF THE NATIONAL ASSEMBLY SHALL BE PUBLISHED IN PASHTU AND DARI LANGUAGES AND CAN BE PUBLISHED IN THE LANGUAGES OF OTHER NATIONALITIES OF THE COUNTRY AS WELL.

ARTICLE 560:

THE RULES OF PROCEDURE OF THE NATIONAL ASSEMBLY AND ITS STANDING COMMISSIONS SHALL BE REGULATED BY THE NATIONAL ASSEMBLY.


CHAPTER FIVE

THE COUNCIL OF MINISTERS

ARTICLE 570:

THE COUNCIL OF MINISTERS (GOVERNMENT) IS COMPOSED OF:
1) PRIME MINISTER
2) DEPUTY PRIME MINISTERS
3) MINISTERS AND PRESIDENTS OF CENTRAL ORGANS EQUIVALENT TO MINISTRIES.

ARTICLE 580:
IN ORDER TO ASSURE THE NEUTRALITY OF GOVERNMENT DURING THE TRANSITIONAL PERIOD, MEMBERS OF POLITICAL PARTIES SHALL NOT BE APPOINTED AS MEMBERS OF THE COUNCIL OF MINISTERS,

ARTICLE 590:

THE DESIGNATE GOVERNMENT SHALL PRESENT TO THE FIRST SESSION OF THE HOUSE OF REPRESENTATIVES THE HOME AND FOREIGN POLICY LINE OF THE GOVERNMENT AND THE COMPOSITION OF HIS GOVERNMENT FOR SEEKING THE VOTE OF CONFIDENCE OF THE HOUSE.
AFTER RECEIVING THE VOTE OF CONFIDENCE AND APPROVAL OF THE PRESIDENT, THE PRIME MINISTER SHALL PRESENT THE DOMESTIC AND FOREIGN POLICY LINE AND INTRODUCE MEMBERS OF THE GOVERNMENT TO THE SENATE.

ARTICLE 600:

THE COUNCIL OF MINISTERS ENJOYS THE FOLLOWING DUTIES AND POWERS:

1) FORMULATE AND IMPLEMENT THE DOMESTIC AND FOREIGN POLICIES.
2) ENSURE THE EXECUTION OF MATTERS RELATING TO NATIONAL ECONOMY; FORMULATE THE SOCIOECONOMIC DEVELOPMENT PLANS, PREPARE THE STATE BUDGET, IMPLEMENT PLANS AND BUDGET AND REPORT TO THE NATIONAL ASSEMBLY ON THEIR EXECUTION
3) TAKE MEASURES FOR DEFENDING PUBLIC INTERESTS, PROTECT ALL FORMS OF LEGAL PROPERTIES, ENSURE PUBLIC ORDER AND SECURITY AND SAFEGUARD THE RIGHTS, AND FREEDOMS OF THE CITIZENS.
4) OVERALL GUIDANCE OF FOREIGN RELATIONS, ESTABLISHMENT OF DIPLOMATIC TIES AND CONCLUSION OF AGREEMENTS WITH FOREIGN STATES AND INTERNATIONAL ORGANIZATIONS ACCORDING TO LAW.
5) CREATE OFFICES AND ORGANS RELATED TO THE COUNCIL OF MINISTERS.
6) OTHER POWERS ACCORDING TO PROVISIONS OF LAW.

ARTICLE 601:

THE COUNCIL OF MINISTERS OF THE REPUBLIC OF AFGHANISTAN APPROVES REGULATIONS, RULES AND OTHER LEGAL DOCUMENTS IN THE JURISDICTION OF ITS POWERS.

ARTICLE 610:

IN THE INTERVAL BETWEEN SESSIONS OF THE NATIONAL ASSEMBLY, AND IN THE EVENT OF DISSOLUTION OF THE HOUSE OF REPRESENTATIVES, THE COUNCIL OF MINISTERS MAY, IF URGENTLY REQUIRED, ISSUE LEGISLATIVE ORDINANCES ON MATTERS WITHIN THE POWERS OF THE NATIONAL ASSEMBLY, EXCLUDING MATTERS RELATING TO BUDGET AND FINANCIAL AFFAIRS. THESE LEGISLATIVE ORDINANCES SHALL COME INTO FORCE AFTER SIGNATURE BY THE PRESIDENT. THE COUNCIL OF MINISTERS SHALL SUBMIT TO THE FIRST PERIODIC SESSION OF THE NATIONAL ASSEMBLY FOR APPROVAL THE LEGISLATIVE ORDINANCES WHICH ARE PROMULGATED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. IF THE ORDINANCES ARE REJECTED BY THE NATIONAL ASSEMBLY, THEY BECOME VOID FROM THAT DATE. IN THE INTERVAL BETWEEN TWO SESSIONS OF THE NATIONAL ASSEMBLY OR IN THE PERIOD OF DISSOLUTION OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT MAY, ON THE RECOMMENDATION OF THE PRIME MINISTER, APPOINT OR DISMISS ANY MEMBER OF THE GOVERNMENT. THE MATTER SHALL THEN BE SUBMITTED TO THE FIRST SESSION OF THE HOUSE OF REPRESENTATIVES TO DECIDE UPON.

ARTICLE 620:
THE TERM OF GOVERNMENT EXPIRES AT THE END OF THE TRANSITIONAL PERIOD. THE INTERIM GOVERNMENT CARRY ON ITS ACTIVITIES TILL A NEW GOVERNMENT IS FORMED.

ARTICLE 630:
THE ORGANIZATION, COMPOSITION, AND ACTIVITIES OF THE COUNCIL OF MINISTERS SHALL BE REGULATED BY LAW.


CHAPTER SIX

JUDICIARY

ARTICLE 640:

THE JUDICIARY IS AN INDEPENDENT ORGAN OF THE STATE AND DISCHARGES ITS DUTIES SIDE BY SIDE WITH THE LEGISLATIVE AND EXECUTIVE BODIES.

ARTICLE 650:

1)THE JUDICIARY CONSISTS OF A SUPREME COURT AND OTHER COURTS, THE NUMBER OF WHICH SHALL BE DETERMINED BY LAW. IT IS WITHIN THE JURISDICTION OF THE JUDICIARY TO ADJUDICATE IN ALL LITIGATION BROUGHT BEFORE IT ACCORDING TO THE RULES OF LAW, IN WHICH REAL OR LEGAL PERSONS, INCLUDING THE STATE, ARE INVOLVED EITHER AS PLAINTIFF OR DEFENDANT.
2)UNDER NO CIRCUMSTANCES SHALL A LAW EXCLUDE FROM THE JURISDICTION OF THE JUDICIARY, AS DEFINED IN THIS TITLE, A CASE OR SPHERE, AND ASSIGN IT TO OTHER AUTHORITIES. THIS PROVISION DOES NOT PREVENT THE ESTABLISHMENT OF MILITARY COURTS; BUT THE JURISDICTION OF THESE COURTS IS CONFINED TO OFFENSES RELATED TO THE ARMED FORCES OF AFGHANISTAN. THE ORGANIZATION AND JURISDICTION OF THE MILITARY COURTS SHALL BE DETERMINED BY LAW.
4) EXCEPTIONAL COURTS MAY BE ESTABLISHED ACCORDING TO THE DISPOSITIONS OF LAW IF THE CIRCUMSTANCES REQUIRES.

ARTICLE 660:

1) THE CHIEF JUSTICE, THE DEPUTY CHIEF JUSTICE AND JUDGES OF THE SUPREME COURT SHALL BE APPOINTED BY THE EXECUTIVE COMMITTEE OF THE SALVATION FRONT OF AFGHANISTAN, FOR THE TERM OF TRANSITIONAL PERIOD.
2) PROPORTIONALITY OF NATIONALITIES, TRIBES AND CLANS OF AFGHANISTAN, AS WELL AS HONESTY, CAPABILITY AND COMPETENCE SHALL BE CONSIDERED INTO THE COMPOSITION OF THE SUPREME COURT, PROVIDED THEY DO NOT AFFECT THE INDEPENDENCE OF THE JUDICIARY.
3) MEMBERS OF POLITICAL PARTIES SHALL NOT BE APPOINTED AS CHIEF JUSTICE AND JUDGES OF THE SUPREME COURT, DURING THE TRANSITIONAL PERIOD.

ARTICLE 670:

IN THE COURTS OF AFGHANISTAN TRIALS ARE HELD OPENLY AND EVERYONE MAY ATTEND IN ACCORDANCE WITH THE PROVISIONS OF THE LAW. THE COURT MAY IN EXCEPTIONAL CASES SPECIFIED IN THE LAW HOLD CLOSED TRIALS. HOWEVER, THE JUDGMENT SHALL ALWAYS BE OPENLY PROCLAIMED. THE COURTS ARE BOUND TO STATE IN THEIR JUDGMENTS THE REASONS FOR THEIR VERDICTS.

ARTICLE 680:

THE ENFORCEMENT OF ALL FINAL JUDGMENTS OF THE COURTS IS OBLIGATORY EXCEPT IN THE CASE OF A DEATH SENTENCE WHERE THE EXECUTION OF THE COURT DECISION IS SUBJECT TO THE PRESIDENT'S SIGNATURE.

ARTICLE 690:

THE JUDGES SHALL APPLY THE PROVISIONS OF THE CONSTITUTION AND THE LAWS OF THE REPUBLIC OF AFGHANISTAN IN THE CASES UNDER THEIR CONSIDERATION. WHEN NO EXPLICIT PROVISION EXISTS IN THE LAW, THE COURT SHALL, FOLLOWING THE PROVISIONS OF THE SHARIAT OF ISLAM, RENDER A DECISION THAT SECURES JUSTICE IN THE BEST POSSIBLE WAY.

ARTICLE 700:

THE ORGANIZATION, COMPOSITION, POWERS AND THE RULE OF PROCEDURE OF THE COURTS SHALL BE REGULATED BY LAW.

CHAPTER SEVEN

THE ATTORNEY OFFICE


ARTICLE 710:

THE ATTORNEY OFFICE OF THE REPUBLIC OF AFGHANISTAN IS AN INDIVISIBLE PART OF THE EXECUTIVE POWER AND CONSISTS OF:
ATTORNEY GENERAL, PROVINCIALS, DIVISIONALS, DISTRICTS, SUB DISTRICTS AND CITIES.
STATE MAY SET UP THE ATTORNEY OFFICE OF THE ARMED FORCES AND SPECIAL(EXCEPTIONAL) ATTORNEY IF CIRCUMSTANCES REQUIRE.

ARTICLE 720:
MINISTER OF JUSTICE SHALL EXECUTE THE FUNCTIONS OF ATTORNEY GENERAL TOO.

ARTICLE 730:
SUPERVISION OVER THE IMPLEMENTATION AND OBSERVANCE OF LAWS SHALL BE UNDERTAKEN BY THE ATTORNEY GENERAL AND THE ATTORNEY GENERAL'S SUBORDINATES IN ACCORDANCE WITH THE LAW.

ARTICLE 740:
THE ORGANIZATION, COMPOSITION, POWERS AND THE RULES OF PROCEDURE OF THE ATTORNEY OFFICE SHALL BE REGULATED BY LAW.

CHAPTER EIGHT

CONSTITUTIONAL GUARDIAN COUNCIL

ARTICLE 750:

THE CONSTITUTIONAL GUARDIAN COUNCIL OF THE REPUBLIC OF AFGHANISTAN SHALL BE FORMED TO ENSURE THE CONFORMITY OF LAWS, OTHER LEGISLATIVE DOCUMENTS AND INTERNATIONAL TREATIES WITH THE CONSTITUTION AND WITH THE RULES OF SACRED RELIGION OF ISLAM.

ARTICLE 760

THE CONSTITUTION GUARDIAN COUNCIL SHALL EXERCISE THE FOLLOWING POWERS:

1) TO EVALUATE THE UNIFORMITY OF LAWS, LEGISLATIVE DECREES AND INTERNATIONAL TREATIES WITH THE CONSTITUTION AND THE RULES OF SACRED RELIGION OF ISLAM.
2) TO GIVE LEGAL AND JUDICIAL ADVICE TO THE PRESIDENT ON CONSTITUTIONAL MATTERS.
3) TO INTERPRET THE CONSTITUTION.
3) TO EVALUATE THE EVENTUAL CONFLICTS OF ARTICLES 25 TO 39 OF THE CONSTITUTION OF 1963 WHICH HAS BEEN DECLARED AS INDIVISIBLE PART OF THE CONSTITUTION WITH OTHER PROVISIONS OF THIS CONSTITUTION.

ARTICLE 770

THE CONSTITUTIONAL GUARDIAN COUNCIL CONSIST OF A PRESIDENT AND EIGHT MEMBERS AND SHALL BE ESTABLISHED IN THE FOLLOWING MANNER:
1) THE PRESIDENT OF THE CONSTITUTIONAL GUARDIAN COUNCIL SHALL BE APPOINTED BY THE EXECUTIVE COMMITTEE OF THE SALVATION FRONT OF AFGHANISTAN.
2) FOUR FAQIHS, JUST AND ACQUAINTED WITH THE NEEDS OF THE TIME AND ISSUE OF THE DAY PRESENTED BY PRESIDENT AND APPROVED BY WOLOSI JIRGA.
3) FOUR EXPERIENCED JURISTS PRESENTED BY CHIEF JUSTICE AND APPOINTED BY PRESIDENT.

ARTICLE 780

MEMBERSHIP OF THE CONSTITUTIONAL GUARDIAN COUNCIL IS INCOMPATIBLE WITH GOVERNMENTAL FUNCTIONS OR MEMBERSHIP OF NATIONAL ASSEMBLY.

ARTICLE 790
BEFORE THE PRESIDENT'S SIGNATURE ALL LEGISLATION PASSED BY THE NATIONAL ASSEMBLY SHALL BE SEND TO THE CONSTITUTIONAL GUARDIAN COUNCIL.
THE CONSTITUTIONAL GUARDIAN COUNCIL WITHIN A MAXIMUM PERIOD OF 15 DAYS FROM THE DATE OF ITS RECEIPT, EXPRESS OPINION ON THEIR CONFORMITY WITH THE CONSTITUTION AND SACRED RELIGION OF ISLAM
IF THE CONSTITUTIONAL GUARDIAN COUNCIL FIND ANY INCONSISTENCY IN THE LEGISLATION IT SHALL NOT BE SIGNED BY THE PRESIDENT AND SHALL NOT COME INTO FORCE.

THE ORGANIZATION AND RULES OF PROCEDURE OF THE CONSTITUTIONAL GUARDIAN COUNCIL SHALL BE REGULATED BY LAW.


CHAPTER NINE

THE LOCAL COUNCILS


ARTICLE :800

FOR THE PURPOSE OF LOCAL ADMINISTRATION THE REPUBLIC OF AFGHANISTAN IS DIVIDED INTO PROVINCES, DIVISIONS, DISTRICTS, CITIES, SUBDISTRICTS, PRECINCTS AND VILLAGES.

ACCORDING TO THE INSTRUCTIONS OF THE KORAN, "... AND WHOSE AFFAIRS GO BY COUNCIL AMONGST THEMSELVES ..." AND "... TAKE COUNCIL WITH THEM IN THE AFFAIRS ..." THE BODIES OF STATE POWER IN THE ADMINISTRATIVE UNITS ARE THEIR LOCAL COUNCILS.

ARTICLE 810

1) THE MEMBERS OF LOCAL COUNCILS SHALL BE ELECTED IN A FREE, UNIVERSAL, SECRET AND DIRECT ELECTION.

2)THE LEADING BODIES OF THE LOCAL COUNCILS ARE THE EXECUTIVE COMMITTEE ELECTED BY THE LOCAL COUNCILS BY SECRET BALLOT.
3) THE EXECUTIVE COMMITTEE OF LOCAL COUNCILS ARE LED BY GOVERNORS OF PROVINCES, DIVISIONS AND DISTRICTS RESPECTIVELY AS WELL AS SUBDISTRICT ADMINISTRATORS, VILLAGE CHIEFS, MAYORS AND HEADS OF PRECINCTS ELECTED BY SECRET BALLOT.

ARTICLE 820

1)LOCAL COUNCILS AND THEIR EXECUTIVE COMMITTEES SHALL DEAL WITH ALL PROBLEMS RELATING TO LOCAL ADMINISTRATION, KEEPING IN VIEW THE PUBLIC INTEREST.
2) ALL LOCAL INSTITUTIONS, ORGANIZATIONS AND OFFICES ARE DUTY BOUND TO IMPLEMENT THE DECISIONS OF THE LOCAL COUNCILS AND THEIR EXECUTIVE COMMITTEES.

ARTICLE 830

1) THE BUDGET OF LOCAL COUNCILS SHALL BE REGULATED BY LAW IN A MANNER TO MAINTAIN NECESSARY BALANCE BETWEEN THE SUBORDINATION OF LOCAL BODIES TO THE CENTER AND SELF ADMINISTRATION OF LOCAL AUTHORITIES.

2) LOCAL BODIES IN ACCORDANCE TO THE PROVISIONS OF LAW CAN COLLECT LOCAL TAX FOR LOCAL ECONOMIC DEVELOPMENTS.


ARTICLE 840

1)MUNICIPALITIES SHALL BE ORGANIZED TO ADMINISTER THE AFFAIRS OF THE CITIES.
2)MUNICIPAL COUNCILS SHALL BE ESTABLISHED BY FREE, UNIVERSAL, DIRECT AND SECRET ELECTION.
3)SUBJECT TO THE PROVISIONS OF THIS TITLE, MATTERS RELATING TO THE MUNICIPALITIES SHALL BE REGULATED BY LAW.
ARTICLE 850

1)THE TERM OF OFFICE OF LOCAL COUNCILS IS THREE YEARS.
2)THE SALARIES OF MEMBERS OF LOCAL COUNCILS AND MUNICIPAL COUNCILS SHALL BE REGULATED BY LAW.

ARTICLE 860

THE ORGANIZATION, DUTIES, POWERS, ELECTION PROCEDURE AND ACTIVITIES OF LOCAL COUNCILS SHALL BE REGULATED BY LAW IN A MANNER TO MAINTAIN NECESSARY BALANCE BETWEEN THE SUBORDINATION OF LOCAL BODIES TO THE UNITARY AND INDIVISIBLE STATE OF AFGHANISTAN AND SELF ADMINISTRATION OF LOCAL AUTHORITIES.

CHAPTER TEN
AMENDMENT

ARTICLE 870

1) ADHERENCE TO THE BASIC PRINCIPLES OF ISLAM AND THE REPUBLIC SYSTEM OF GOVERNMENT SHALL NOT BE SUBJECT TO AMENDMENT.
2)AMENDMENTS TO THE OTHER PROVISIONS OF THE CONSTITUTION SHALL BE MADE BY THE LOA JIRGA.
3)DECISION ON INTRODUCING AMENDMENTS TO THE CONSTITUTION SHALL BE ON THE PROPOSAL OF THE PRESIDENT OR PROPOSAL OF ONE THIRD AND APPROVAL OF TWO THIRD OF THE MEMBERS OF THE NATIONAL ASSEMBLY OR ON THE PROPOSAL OF CONSTITUTIONAL GUARDIAN COUNCIL
4) THE PRESIDENT CONVENES THE LOA JIRGA.

ARTICLE 880

1) IF THE LOA JIRGA FINDS THE PROPOSAL QUALIFIED, IT SHALL APPOINT A COMMITTEE FROM ITS MEMBERS. THE COMMITTEE SHALL SEEK THE ADVICES OF CONSTITUTIONAL GUARDIAN COUNCIL AND PREPARE DRAFT OF THE AMENDMENT
2) IF THE LOA JIRGA APPROVES THE PROPOSAL WITH A TWO THIRDS MAJORITY, THE AMENDMENTS SHALL BE INTRODUCED TO THE CONSTITUTION, OTHERWISE IT SHALL REJECT THE PROPOSAL.



CHAPTER ELEVEN

STATE OF EMERGENCY

ARTICLE 890:

WHENEVER THE PRESERVATION OF THE INDEPENDENCE, NATIONAL SOVEREIGNTY, TERRITORIAL INTEGRITY AND INTERNAL SECURITY BECOMES IMPOSSIBLE THROUGH THE CHANNELS PROVIDED FOR IN THIS CONSTITUTION DUE TO WAR, DANGER OF WAR, DISTURBANCE OR SIMILAR CONDITIONS, A STATE OF EMERGENCY MAY BE PROCLAIMED BY THE PRESIDENT AFTER CONSULTATION WITH THE PRESIDENT OF CONSTITUTIONAL GUARDIAN COUNCIL AND CHIEF JUSTICE .
THE STATE OF EMERGENCY MAY BE EXTENDED BEYOND THREE MONTHS ONLY WITH THE CONSENT OF THE LOYA JIRGA.
ARTICLE 900
THE PRESIDENT SHALL ENJOY THE FOLLOWING POWERS IN A STATE OF EMERGENCY:
1) DELEGATION OF POWERS OF THE NATIONAL ASSEMBLY IN ITS ENTIRETY OR IN PART TO THE COUNCIL OF MINISTERS.
3) DELEGATION OF POWERS OF COURTS IN PART TO SPECIAL(OR EXCEPTIONAL) COURTS AND MILITARY COURTS.
4) AFTER CONSULTATION WITH THE PRESIDENT OF CONSTITUTIONAL GUARDIAN COUNCIL SUSPENSION OR LIMITATION OF THE FOLLOWING ARTICLES OF THE CONSTITUTION OF 1963 :
A)PARAGRAPH 1 OF ARTICLE 28
B)PARAGRAPH 3 OF ARTICLE 29
C)PARAGRAPH 2 OF ARTICLE 31
D)PARAGRAPH 1 OF ARTICLE 32
E)PARAGRAPH 1 OF ARTICLE 33

ARTICLE 910:

THE CONSTITUTION SHALL NOT BE AMENDED DURING THE STATE OF EMERGENCY.

ARTICLE 920:

IF THE EXTENSION OF THE TRANSITIONAL PERIOD BECOMES NECESSARY DURING A STATE OF EMERGENCY LOYA JIRGA SHALL CONVENE .LOYA JIRGA MAY EXTEND THE TRANSITIONAL PERIOD ONLY FOR ONE YEAR.

CHAPTER TWELVE

TRANSITIONAL PROVISIONS

ARTICLE 930:

1)SUBJECT TO THE PROVISIONS OF THIS TITLE, THIS CONSTITUTION SHALL COME INTO FORCE FROM THE DATE IT IS SIGNED AND PROCLAIMED BY THE PRESIDENT.
2)AFTER THE PRESIDENT PROCLAIMS THIS CONSTITUTION, ALL STATE BODIES NOT REGULATED BY THIS CONSTITUTION SUBJECT TO THE FOLLOWING PROVISIONS ARE CONSIDERED TO BE DISSOLVED.

ARTICLE 940:

THE CONSTITUENT ASSEMBLY SHALL BE CONVENED ON ( .................. )TO APPROVE THE FUTURE CONSTITUTION AND TO ELECT THE FUTURE PRESIDENT AFTER TWO YEARS FROM THE DATE OF PROCLAMATION OF THIS CONSTITUTION.

ARTICLE 950:

THE PERIOD BETWEEN THE PROCLAMATION OF THIS CONSTITUTION AND THE INAUGURATION OF THE CONSTITUENT ASSEMBLY SHALL BE CONSIDERED THE TRANSITIONAL PERIOD.

ARTICLE 960:

THE EXECUTIVE COMMITTEE OF THE SALVATION FRONT OF AFGHANISTAN FROM THE DATE OF PROCLAMATION OF THIS CONSTITUTION WITHIN ONE WEEK IS SHALL PERFORM THE FOLLOWING DUTIES:

1) TO APPROVE MEMBERSHIP OF HOUSE OF REPRESENTATIVE AND SENATE PREFERABLY FROM MEMBERS OF THE EMERGENCY LOYA JIRGA.
2) TO APPOINT THE CHIEF JUSTICE AND JUDGES OF THE SUPREME COURT.
3) TO APPOINT THE PRESIDENT OF CONSTITUTIONAL GUARDIAN COUNCIL.
4) TO APPROVE THE BASIC LINES OF SOCIOECONOMIC SYSTEM OF THE REPUBLIC OF AFGHANISTAN DURING THE TRANSITIONAL PERIOD.
5)TO APPOINT THE PRIME MINISTER DESIGNATE TO FORM THE GOVERNMENT.
6)TO APPROVE THE NATIONAL ANTHEM OF THE REPUBLIC OF AFGHANISTAN.

ARTICLE 970

1) SUBJECT TO THE ARTICLE 410 OF THIS CONSTITUTION, THE PRESIDENT INAUGURATES THE NATIONAL ASSEMBLY ON.....................................
2) THE PRIME MINISTER DESIGNATE PRESENTS HIS CABINET TO THE HOUSE OF REPRESENTATIVES
FOR VOTE OF CONFIDENCE ON....................................

ARTICLE 980:

THE NEW GOVERNMENT FROM THE DATE OF VOTE OF CONFIDENCE WITHIN SIX MONTHS IS BOUND TO DO THE FOLLOWING DUTIES:
1) TO PREPARE AND ISSUE ORDINANCES RELATING TO ELECTIONS OF NATIONAL ASSEMBLY, LOCAL COUNCILS, THE PRESS, POLITICAL PARTIES, JUDICIAL ORGANIZATION AND JURISDICTION AND ELECTIONS OF LOYA JIRGA.
2) TO SUBMIT ALL THE ABOVE TO THE PRESIDENT FOR HIS SIGNATURE.

ARTICLE 990:

1) WITHIN ONE YEAR FROM THE DATE OF PROCLAMATION OF THIS CONSTITUTION, THE COMMISSION OF THE FUTURE DRAFT CONSTITUTION OF AFGHANISTAN COMPLETES THE FIRST DRAFT AND SHALL SUBMIT IT TO THE MASS MEDIA FOR PUBLIC SURVEY.
2) THE DRAFT CONSTITUTION TO BE PRESENTED TO THE CONSTITUENT ASSEMBLY SHALL BE COMPLETED ON ............................
3) SUBJECT TO THE ARTICLE 940 OF THIS CONSTITUTION THE CONSTITUENT ASSEMBLY (LOYA JIRGA) SHALL BE CONVENED ON.......................

ARTICLE 1000:

WITHIN THREE MONTHS FROM THE DATE OF PROCLAMATION OF THIS CONSTITUTION THE PRESIDENT IS BOND TO DO THE FOLLOWING DUTIES:
1) REORGANIZE JUDICIARY AND THE ATTORNEY OFFICE IN ACCORDANCE WITH THE DISPOSITIONS OF THIS CONSTITUTION.
2) FORM THE CONSTITUTIONAL GUARDIAN COUNCIL IN ACCORDANCE WITH THE DISPOSITIONS OF THIS CONSTITUTION.

ARTICLE 1010:

1)THE TERM OF THE NATIONAL ASSEMBLY EXPIRES AT THE END OF TRANSITIONAL PERIOD.
2)THE TERM OF THE COUNCIL OF MINISTER SHALL EXPIRE AT THE END OF TRANSITIONAL PERIOD. THE COUNCIL OF MINISTERS SHALL CARRY ON ITS ACTIVITIES TILL A NEW GOVERNMENT IS FORMED.
3) WITHIN 18 MONTHS FROM THE DATE OF PROCLAMATION OF THIS CONSTITUTION , THE EXECUTIVE COMMITTEE OF THE SALVATION FRONT OF AFGHANISTAN SHALL PREPARE A PROPOSAL ON THE DATE OF ELECTIONS OF THE NATIONAL ASSEMBLY AND THE ELECTIONS OF LOCAL COUNCILS. THE PROPOSAL SHALL BE PREPARED AFTER CONSULTATION WITH THE PRESIDENT, PRIME MINISTER, AND THE PRESIDENT OF CONSTITUTIONAL GUARDIAN COUNCIL. THIS PROPOSAL SHALL BE PRESENTED TO THE CONSTITUENT ASSEMBLY( LOYA JIRGA)

CHAPTER THIRTEEN

FINAL PROVISIONS


ARTICLE 1020:

1)THE LAWS AND OTHER LEGISLATIVE DOCUMENTS ADOPTED PRIOR TO THE ENACTMENT OF THIS CONSTITUTION SHALL REMAIN VALID, PROVIDED THEY ARE NOT REPUGNANT TO THE PROVISIONS OF THIS CONSTITUTION.
2) REPUGNANCE OF THE PROVISIONS OF LAWS ADOPTED PRIOR TO THIS CONSTITUTION WITH THE RULES OF SACRED RELIGION OF ISLAM SHALL BE EXAMINED BY THE CONSTITUTIONAL GUARDIAN COUNCIL .
3) REPUGNANCE OR NON REPUGNANCE OF THE PROVISIONS OF LAWS ADOPTED PRIOR TO THIS CONSTITUTION WITH THE RULES OF SACRED RELIGION OF ISLAM SHALL BE EXAMINED BY THE CONSTITUTIONAL GUARDIAN COUNCIL AFTER COMPLAINT OF CITIZEN.

ARTICLE 1030:

INTERNATIONAL TREATIES PREVIOUSLY ENTERED INTO BY THE REPUBLIC OF AFGHANISTAN AND CONVENTIONS JOINED BY IT, IF FOUND REPUGNANT TO THE PROVISIONS OF THE LAWS OF THE REPUBLIC OF AFGHANISTAN, SHALL HAVE ASCENDANCY.

ARTICLE 1040:

SALARIES OF THE PRESIDENT, VICE PRESIDENTS. MEMBERS OF THE NATIONAL ASSEMBLY, PRIME MINISTER, MEMBERS OF THE GOVERNMENT, CHIEF JUSTICE, JUDGES OF THE SUPREME COURT, MEMBERS OF THE CONSTITUTIONAL GUARDIAN COUNCIL, ATTORNEY GENERAL AND HIS DEPUTIES SHALL BE FIXED BY LAW.

ARTICLE 1050:

EXCEPT IN CASES DEFINED IN THIS CONSTITUTION, THE, PRESIDENT, VICE PRESIDENTS, PRIME MINISTER, DEPUTY PRIME MINISTERS, CHIEF JUSTICE, JUDGES OF SUPREME COURT, MEMBERS OF NATIONAL ASSEMBLY, PRESIDENT AND MEMBERS OF CONSTITUTIONAL GUARDIAN COUNCIL, DURING THEIR TENURE, SHALL NOT CONDUCT ANY TRANSACTION FOR PROFIT WITH THE STATE.


ARTICLE 1060:

AN ACCUSATION OF OFFENSE AGAINST THE PRESIDENT, VICE PRESIDENTS, PRIME MINISTER, DEPUTY PRIME MINISTERS, CHIEF JUSTICE, JUDGES OF SUPREME COURT, MEMBERS OF NATIONAL ASSEMBLY, ATTORNEY GENERAL, DEPUTY ATTORNEY GENERAL, PRESIDENT AND MEMBERS OF CONSTITUTIONAL GUARDIAN COUNCIL, CAN BE REGULATED BY SPECIAL LAW.


Proposed by, Mohamad Salim Modjaz PhD.
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