Afghanistan, like Iraq and many other countries, has had numerous constitutions. Following independence from UK, a new constitution was written, then the communist coup and Soviet invasion in the late 1970's made it obsolete. After that, the Taliban created their own version of government, defining it as an "Islamic emirate." The Taliban government fell in late 2001, and various groups in Afghanistan came together under US, UK, and international assistance to create a new government.

There were various issues at stake as the document was created. Afghanistan has numerous ethnic groups, and several languages. Also at issue was whether Islam would be A source of legislation or THE source. The final document states in Article 3 that no law may contradict Islam, but we shall see whether that is obeyed over the next few years. Other issues included whether former Taliban members would be excluded from government, and the powers given to provinces versus a central government.

The following is an Unofficial Translation of Afghanistan's constitution, approved by a Constitutional convention held in Kabul. Official copies of the Constitution are available in Pashtu and Dari, both containing the same language. This document contained many english translation errors (I cleaned it up somewhat), so please do not use it as a legal document et. al. Any amendments have not been added to this page, look elsewhere.

Useful vocabulary words: Wolesi Jirga (the House of People) and Meshrano Jirga (House of Elders).

Source: Afghanistan Ministry of Foreign Affairs: http://www.af/constitution/index.html


The Constitution of Afghanistan
Year 1382 A.H.
In the Name of God, the Merciful, the Compassionate

Contents:
Preamble
Chapter one: The State (21 Articles)
Chapter two: The Fundamental Rights and Duties of Citizens (37 Articles)
Chapter three: The President (11 Articles)
Chapter four: The Government (10 Articles)
Chapter five: The National Assembly (29 Articles)
Chapter six: The Loya Jirga (6 Articles)
Chapter seven: The Judiciary (20 Articles)
Chapter eight: The Administrative Division (7 Articles)
Chapter nine: The State of Emergency (6 Articles)
Chapter ten: Amendments (2 Articles)
Chapter eleven: The Miscellaneous Provisions (5 Articles)
Chapter twelve: The Transitional Provisions (4 Articles)


In the name of God, the Merciful, the Compassionate

Preamble
We the people of Afghanistan:

  1. With firm faith in God Almighty and relying on His Mercy, and Believing in the Sacred religion of Islam,
  2. Observing the United Nations Charter and respecting the Universal Declaration of Human Rights,
  3. Realizing the injustice and shortcoming of the past, and the numerous troubles imposed on our country,
  4. While acknowledging the sacrifices and the historic struggles, rightful Jihad and resistance of the Nation, and respecting the high position of the martyrs for the freedom of Afghanistan,
  5. Understanding the fact that Afghanistan is a single and united country and belongs to all ethnicity residing in this country,
  6. For consolidating, national unity, safeguarding independence, national sovereignty, and territorial integrity of the country,
  7. For establishing a government based on people's will and democracy,
  8. For creation of a civil society free of oppression, atrocity, discrimination, and violence, based on rule of law, social justice, protection of human rights, and dignity, and ensuring fundamental rights and freedoms of the people,
  9. For strengthening of political, social, economic, and defensive institutions of the country,
  10. For ensuring a prosperous life, and sound environment for all those residing in this land,
  11. And finally for regaining Afghanistan’s deserving place in the international community,
Have adopted this Constitution in compliance with historical, cultural, and social requirements of the era, through our elected representatives in the Loya Jirga dated 1382 AH in the city of Kabul.

Chapter One
The State

Article One Chapter 1. Article 1
Afghanistan is an Islamic Republic, independent, unitary and indivisible state.

Article Two Ch. 1, Art. 2
The religion of Afghanistan is the sacred religion of Islam. Followers of other religions are free to perform their religious ceremonies within the limits of the provisions of law.

Article Three Ch. 1, Art. 3
In Afghanistan, no law can be contrary to the sacred religion of Islam and the values of this Constitution.

Article Four Ch. 1, Art. 4
National sovereignty in Afghanistan belongs to the nation that exercises it directly or through its representatives.
The nation of Afghanistan consists of all individuals who are the citizen of Afghanistan. The word Afghan applies to every citizen of Afghanistan. None of the citizens of the nation shall be deprived of his Afghan citizenship. Affairs related to the citizenship and asylum are regulated by law.

Article Five Ch. 1, Art. 5
Implementation of the provisions of this Constitution and other laws, defending independence, national sovereignty, territorial integrity, and ensuring the security and defense capability of the country, are the basic duties of the state.

Article Six Ch. 1, Art. 6
The state is obliged to create a prosperous and progressive society based on social justice, protection of human dignity, protection of human rights, realization of democracy, and to ensure national unity and equality among all ethnic groups and tribes and to provide for balanced development in all areas of the country.

Article Seven Ch. 1, Art. 7
The state shall abide by the UN charter, international treaties, international conventions that Afghanistan has signed, and the Universal Declaration of Human Rights. The state prevents all types of terrorist activities , production and smuggling of narcotics.

Article Eight Ch. 1, Art. 8
The state regulates the foreign policy of the country on the basis of preserving the independence, national interests, territorial integrity, non-aggression, good neighborliness, mutual respect, and equal rights.

Article Nine Ch. 1, Art. 9
Mines, underground resources are properties of the state. Protection, use, management, and mode of utilization of the public properties shall be regulated by law.

Article Ten Ch. 1, Art. 10
The State encourages and protects private capital investments and enterprises based on the market economy and guarantee their protection in accordance with the provisions of law.

Article Eleven Ch. 1, Art. 11
Affairs related to the domestic and external trade shall be regulated by law in accordance with the needs of the national economy and public interests.

Article Twelve Ch. 1, Art. 12
The Afghanistan Bank is the central and independent bank of the state. Issuance of currency, and formulation and implementation of monetary policy of the country are the mandates of the central bank in accordance with law.
Structure and operation of this bank shall be regulated by law.

Article Thirteen Ch. 1, Art. 13
The state shall formulate and implement effective programs for development of industries, growth of production, increasing of public living standards, and support to craftsmanship.

Article Fourteen Ch. 1, Art. 14
The state shall design and implement within its financial resources effective programs for development of agriculture and animal husbandry, improving the economic, social and living conditions of farmers, herders, settlement and living conditions of nomads. The state adopts necessary measures for housing and distribution of public estates to deserving citizens in accordance within its financial resources and the law.

Article Fifteen Ch.1. Art. 15
The archeological artifacts are the state property. The state is obliged to adopt necessary measures for safeguarding archeological artifacts, proper exploitation of natural resources, and improvement of ecological conditions.

Article Sixteen Ch. 1, Art. 16
From among the languages of Pashto, Dari, Uzbeki, Turkmani, Baluchi, Pashaei, Nuristani, and other languages spoken in the country, Pashto and Dari are the official languages of the state.
The state adopts and implements effective plans for strengthening, and developing all languages of Afghanistan.
Publications and radio and television broadcasting are free in all other languages spoken in the country.

Article Seventeen Ch. 1, Art. 17
The state shall adopt necessary measures for promotion of education in all levels, development of religious education, organizing and improving the conditions of mosques, schools and religious centers.

Article Eighteen Ch. 1, Art. 18
The calendar of the country shall be based on the pilgrimage of the Prophet (PBUH). [Hijri calendar] The basis of work for state offices is the solar calendar.
Friday is a public holiday.
Other holidays shall be regulated by law.

Article Nineteen Ch. 1, Art. 19
The Afghan flag is made up of three equal parts, with black, red and green colors juxtaposed from left to right perpendicularly.
The width of every colored piece is equal to half of its length. The national insignia is located in the center of the flag.
The national insignia of the state of Afghanistan is composed of Mihrab and minbar(pulpit) in white color.
Two flags are located on its two sides. In the upper-middle part of the insignia the sacred phrase of “There is no god but Allah and Mohammad is His prophet, and Allahu Akbar” is placed, along with a rising sun. The word “Afghanistan” and year 1298 (solar calendar) is located in the lower part of the insignia. The insignia is encircled with two branches of wheat.
The law shall regulate the use of national flag and emblem.

Article Twenty Ch.1. Art. 20
The National Anthem of Afghanistan shall be in Pashtu.

Article Twenty-One Ch. 1, Art. 21
The capital of Afghanistan is the city of Kabul.

Chapter Two: Fundamental Rights and Duties of Citizens

Article Twenty-two Ch. 2, Art. 1
Any kind of discrimination and privilege between the citizens of Afghanistan are prohibited.
The citizens of Afghanistan have equal rights and duties before the law

Article Twenty-Three Ch. 2, Art. 2
Life is a gift of God and a natural right of human beings. No one shall be deprived of this right except by the provision of law.

Article Twenty-Four Ch. 2, Art. 3
Liberty is the natural right of human beings. This right has no limits unless affecting the rights of others or public interests, which are regulated by law.
Liberty and dignity of human beings are inviolable.
The state has the duty to respect and protect the liberty and dignity of human beings.

Article Twenty-Five Ch. 2, Art. 4
Innocence is the original state.
An accused is considered innocent until convicted by a final decision of an authorized court.

Article Twenty-Six Ch.2. Art. 5
Crime is a personal action.
The prosecution, arrest, and detention of an accused and the execution of penalty can not affect another person.

Article Twenty-Seven Ch. 2, Art. 6
No act is considered a crime, unless determined by a law adopted prior to the date the offense is committed.
No person can be pursued, arrested or detained but in accordance with provisions of law.
No person can be punished but in accordance with the decision of an authorized court and in conformity with the law adopted before the date of offense.

Article Twenty-Eight Ch. 2, Art. 7
No citizen of Afghanistan accused of a crime can be extradited to a foreign state unless according mutual agreement and international conventions that Afghanistan has joined. No Afghan would be sentenced to deprivation of citizenship or to exile inside the country or abroad.

Article Twenty-Nine Ch. 2, Art. 8
Torture of human beings is prohibited.
No person, even with the intention of discovering the truth, can resort to torture or order the torture of another person who may be under prosecution, arrest, or imprisoned, or convicted to punishment.
Punishment contrary to human integrity is prohibited.

Article Thirty Ch. 2, Art. 9
Any statement, testimony, or confession obtained from an accused or of another person by means of compulsion, are invalid.
Confession to a crime is: a voluntary confession before an authorized court by an accused in a sound state of mind.

Article Thirty-One Ch. 2, Art. 10
Every person upon arrest can seek an advocate to defend his rights or to defend his case for which he is accused under the law.
The accused upon arrest has the right to be informed of the attributed accusation and to be summoned to the court within the limits determined by law.
In criminal cases, the state shall appoint an advocate for a destitute. The duties and authorities of advocates shall be regulated by law.

Article Thirty- Two Ch. 2, Art. 11
Being in debt does not limit a person’s freedom or deprive him of his liberties.
The mode and means of recovering a debt shall be regulated by law.

Article Thirty-Three Ch. 2, Art. 12
The citizens of Afghanistan have the right to elect and be elected.
Law regulates the conditions and means to exercise this right.

Article Thirty- Four Ch. 2, Art. 13
Freedom of expression is inviolable.
Every Afghan has the right to express his thought through speech, writing, or illustration or other means, by observing the provisions stated in this Constitution.
Every Afghan has the right to print or publish topics without prior submission to the state authorities in accordance with the law.
Directives related to printing house, radio, television, press, and other mass media, will be regulated by the law.

Article Thirty-Five Ch. 2, Art. 14
The citizens of Afghanistan have the right to form social organizations for the purpose of securing material or spiritual aims in accordance with the provisions of the law.
The citizens of Afghanistan have the right to form political parties in accordance with the provisions of the law, provided that:
1. The program and charter of the party are not contrary to the principles of sacred religion of Islam, and the provisions and values of this Constitution.
2. The organizational structure, and financial sources of the party are made public.
3. The party does not have military or paramilitary aims and structures.
4. Should have no affiliation to a foreign political party or sources.
Formation and functioning of a party based on ethnicity, language, religion and region is not permissible.
A party set up in accordance with provisions of the law shall not be dissolved without lawful reasons and the decision of an authorized court.

Article Thirty-Six Ch. 2, Art. 15
The citizens of Afghanistan have the right to unarmed demonstrations, for legitimate peaceful purposes.

Article Thirty-Seven Ch. 2, Art. 16
Confidentiality and freedom of correspondence and communication whether in the form of letters or through telephone, telegraph and other means, are immune from invasion. The state does not have the right to inspect personal correspondence and communication unless authorized by the provisions of law.

Article Thirty-Eight Ch. 2, Art. 17
A person’s residence is immune from invasion.
Other than the situations and methods indicated in the law, no one, including the state, are allowed to enter or inspect a private residence without prior permission of the resident or holding a court order.
In case of an evident crime, an official in-charge of the situation can enter or conduct a house search prior to the permission of the court.
The official involved in the situation is required to obtain a subsequent court order for the house search within the period indicated by law.

Article Thirty-Nine Ch. 2, Article 18
Every Afghan has the right to travel or settle in any part of the country except in the regions forbidden by law.
Every Afghan has the right to travel abroad and return home in accordance with the provisions of law.
The state shall protect the rights of the citizens of Afghanistan abroad.

Article Forty Ch. 2, Art. 19
Property is immune from invasion.
No person shall be forbidden from acquiring and making use of a property except within the limits of law.
No body’s property shall be confiscated without the provisions of law and the order of an authorized court.
Acquisition of a person’s property, in return for a prior and just compensation within the bounds of law, is permitted only for securing public interests in accordance with the provisions of law.
Inspection and disclosure of a private property are carried out only in accordance with the provisions of law.

Article Forty-one Ch. 2, Art. 20
Foreign individuals do not have the right to own immovable property in Afghanistan. Lease of immovable property for the purpose of investment is permissible in accord with law.
The sale of estates to diplomatic missions of foreign countries and to those international agencies, of which Afghanistan is a member, is permissible in accordance with the provisions of law.

Article Forty-Two Ch. 2, Art. 21
Every Afghan is obligated to pay taxes and duties to the government in accordance with the provisions of law.
No taxes and duties are enforced without provisions of law.
The rate of taxes and duties and the method of payment are determined by law on the basis of observing social justice.
This provision is also applied to foreign individuals and agencies.
v Every kind of tax, duties, and incomes collected, shall be delivered to the State account.

Article Forty-Three Ch. 2, Art. 22
Education is the right of all citizens of Afghanistan, which shall be provided up to secondary level, free of charge by the state.
The state is obliged to devise and implement effective programs for a balanced expansion of education all over Afghanistan, and to provide compulsory intermediate level education.
The state is also required to provide the opportunity to teach native languages in the areas where they are spoken.

Article Forty-Four Ch. 2, Art. 23
The state shall devise and implement effective programs for balancing and promoting of education for women, improving of education of nomads and elimination of illiteracy in the country.

Article Forty-Five
The state shall devise and implement a unified educational curriculum based on the provisions of the sacred religion of Islam, national culture, and in accordance with academic principles, and develops the curriculum of religious subjects on the basis of the Islamic sects existing in Afghanistan.

Article Forty-Six Ch.2, Art. 24
Establishing and operating of higher, general and vocational education are the duties of the state.
The citizens of Afghanistan also can establish higher, general, and vocational private educational institutions and literacy courses with the permission of the state. The state can also permit foreign persons to set up higher, general and vocational educational private institutes in accordance with the law.
The conditions for admission to state higher education institutions and other related matters to be regulated by the law.

Article Forty-Seven Ch. 2, Art. 25
The state shall devise effective programs for the promotion of science, culture, literature and the arts.
The state guarantees the rights of authors, inventors, and discoverers, and encourages and supports scientific researches in all areas, and publicizes the effective use of their results in accordance with the law.

Article Forty-Eight Ch. 2, Art. 26
Work is the right of every Afghan.
Working hours, paid holidays, right of employment and employee, and other related affairs are regulated by law.
Choice of occupation and craft is free within the limits of law.

Article Forty-Nine Ch. 2, Art. 27
Forced labor is forbidden.
Forced labor, in times of war, calamity, and other situations threatening lives and public welfare are exceptions to this rule.
Children shall not be subjected to the force labor.

Article Fifty Ch. 2. Art. 28
The state is obliged to adopt necessary measures for creation of a strong and sound administration and realization of reforms in the administration system of the country. Government offices are bound to carry their work with full neutrality and in compliance with the provisions of law.
The citizens of Afghanistan have the right of access to the information from the government offices in accordance with the provisions of law.
This rights has no limits, unless violation of the rights of the others.
The citizens of Afghanistan are employed for state services on the basis of qualification without any kind of discrimination and in accordance with law.

Article Fifty-one Ch. 2, Art. 29
Any person suffering undue harm by government action is entitled to compensation, which he can claim by appealing to court.
With the exception of situation stated in the law, the state cannot claim its right without the order of an authorized court.

Article Fifty-two Ch. 2, Art. 30
The state is obliged to provide the means of preventive health care and medical treatment, and proper health facilities to all citizens of Afghanistan in accordance with.
The state encourages and protects the establishment and expansion of private medical services and health centers in accordance with law.
The state in order to promote physical education and improve national and local sports adopts necessary measures.

Article Fifty- Three Ch. 2. Art. 31
The state takes necessary measures for regulating medical services and financial support to descendants of martyred, lost or disabled and handicapped individuals in accordance with Law.
The state guarantees the rights of pensioners and renders necessary assistance to needy elders, women without caretakers, and needy orphans in accordance with the law.

Article Fifty- Four Ch.2, Art. 32
Family is a fundamental unit of society and is supported by the state.
The state adopts necessary measures to ensure physical and psychological well being of family, especially of child and mother, upbringing of children and the elimination of traditions contrary to the principles of sacred religion of Islam.

Article Fifty-Five Ch. 2, Art. 33
The defense of the country is the responsibility of all citizens of Afghanistan. The conditions for military services are regulated by law.

Article Fifty-Six Ch. 2, Art. 34
Observing the provisions of the Constitution, obeying the laws, adhering to public law and order are the duties of all people of Afghanistan.
Ignorance about the provisions of law is not considered an excuse.

Article Fifty-Seven Ch. 2. Art. 35
The state guarantees the rights and liberties of the foreign citizens residing in Afghanistan in accordance with the law.
Theses people are obliged to observe the laws of the state of Afghanistan in accordance with the International Law.

Article Fifty-Eight. Ch. 2. Art. 36
The State, for the purpose of monitoring, observation of human rights in Afghanistan their protection, shall establish the Independent Human Rights Commission of Afghanistan.
Everyone in case of violation of his fundamental rights can launch complaint to this Commission.
The commission can refer the cases of violation of the fundamental rights of the persons to the legal authorities, and assist them defending their rights.
Structure, and mode of function of this Commission will be regulated by law.

Article Fifty-Nine Ch. 2. Art. 37
No one can misuse the rights and freedoms under this Constitution against independence, territorial integrity, national unity, sovereignty and national unity.

Chapter Three: The President

Article Sixty Ch. 3, Art. 1
The President is the head of the state of the Islamic Republic of Afghanistan, and conducts his authorities in executive, legislative, and judiciary branches in accordance with the provisions of this Constitution.
The President is responsible to the nation.
The President shall have one Vice President.
The President on his candidacy shall declare the name of the Vice President to the nation. The Vice President in the absence, resignation, and or death of the President, acts in accordance with the provisions of this constitution.

Article Sixty-One Ch. 3, Art. 2
The President is elected by receiving more than 50% of the votes cast through free, general, secret, and direct voting.
The presidential term is expired at the first of (Jawza) of the fifth years after the elections. Elections for the new president are held within thirty, to sixty days before the end of the presidential term.
If none of the candidates succeeds to receive more than 50% of the votes in the first round, a run-off election shall be held within two weeks.
In this round, only two candidates with the highest number of votes will participate. In the run-off, the candidate who gets the majority of the votes shall be elected as the President.
In case of death of one of the candidates before the first or second round, or prior to the announcement of the results of elections, new elections shall be held in accordance with the provisions of law.
The elections for the post of president shall be held under the supervision of the Independent Commission supervising of the Elections.
This commission shall be established to supervise all kinds of elections and referendums in the country, in accordance with the provisions of law.

Article Sixty-Two Ch. 3, Art. 3
Presidential candidates should posses the following qualifications:

  1. Should be citizen of Afghanistan, Muslim and born of Afghan parents, and should not have citizenship of another country.
  2. On the day of becoming a candidate, his age should not be less than forty years.
  3. Should not have been convicted of crimes against humanity, criminal act, or deprivation of the civil rights by a court.
No one can be elected as president for more than two terms. The provision of this article is applied to the Vice President as well.

Article Sixty-three Ch. 3, Art. 4
The President-elect, prior to resumption of his/her duties, performs the following oath of allegiance in the presence of members of the National Assembly and the chief justice:

“In the name of God, the Merciful, the Compassionate In the name of God Almighty, in the presence of you representatives of the nation of Afghanistan, I swear to obey and safeguard the provisions of the sacred religion of Islam, to observe the Constitution and other laws of Afghanistan and supervise their implementation; to safeguard the independence, national sovereignty, and the territorial integrity of Afghanistan and the fundamental rights and interests of the people of Afghanistan, and with the assistance of God and the support of the nation, to make great and sincere efforts for the happiness and progress of the people of Afghanistan.”
Article Sixty-Four Ch. 3, Art. 5
The power and duties of the President are as follows:
  1. Supervising the implementation of the Constitution.
  2. Determining the fundamental policies of the state.
  3. Being the Commander-in-Chief of the armed forces of Afghanistan.
  4. Declaration of war and ceasefire with the approval of the National Assembly.
  5. Taking the required decision during defending of territorial integrity and protecting of the independence.
  6. Sending contingents of the armed forces to foreign countries with the approval of the National Assembly.
  7. Convening Loya Jirga except in a situation stated in Article Sixty-eight of this Constitution.
  8. Declaring the state of emergency and ending it with the approval of the National Assembly.
  9. Inaugurating the National Assembly and the Loya Jirga.
  10. Accepting resignation of the Vice President.
  11. Appointing of Ministers and the Attorney General with the approval of the Wolesi Jirga, and acceptance of their dismissal and resignation.
  12. Appointing the head and members of the Supreme Court with the approval of the Wolesi Jirga.
  13. Appointment, retirement and acceptance of resignation and dismissal of judges, officers of the armed forces, police, national security, and high-ranking officials in accordance with the law.
  14. Appointment of heads of diplomatic missions of Afghanistan in foreign countries and international organizations.
  15. Accepting the credentials of diplomatic missions in Afghanistan.
  16. Signing of laws and legislative decrees.
  17. Issuing credential letter for the conclusion of bilateral and international treaties in accordance with the provisions of law.
  18. Reducing and pardoning penalties in accordance with law.
  19. Issuing medals, and honorary titles in accordance with the provision of law.
  20. Appointment of the Governor of The Afghanistan Central Bank with the approval of the Wolesi Jirga.
  21. The establishment of commissions for the improvement of the administrative condition of the country, in accordance with law.
  22. Exercising other authorities in accordance with the provisions of this Constitution.
Article Sixty-Five Ch. 3, Art. 6
The President can call for a referendum on important national, political, social or economic issues.
Call for referendum shall not be contrary to the provisions of this constitution or for the amendment of it.

Article Sixty-Six Ch. 3, Art. 7
The President takes into consideration the supreme interests of the people of Afghanistan while enforcing the powers stated in this Constitution.
The President cannot sell or bestow state properties without the provisions of the law.
The President cannot act based on linguistic, ethnic, religious, political, and regional considerations during his term in office.

Article Sixty-Seven Ch. 3, Art. 8
In case of resignation, impeachment ,or death of the President, or of a serious illness that could hinder the performance of duties, the Vice President undertakes his duties and authorities.
The President declares his resignation personally to the National Assembly.
The serious illness shall be proved by an authorized medical committee appointed by the Supreme Court.
In this case, election for the new President shall be held within the period of three months in accordance with the article 61 of this Constitution.
During the time when the Vice President fills in as the interim President, he cannot perform the following:

  1. Amendment of the Constitution
  2. Dismissal of ministers.
  3. Call for a referendum.
During this period the Vice President can nominate himself as a candidate for the post of President in accordance with the provisions of this constitution.
In the absence of the President, the duties of the Vice President shall be determined by the President.

Article Sixty-Eight Ch. 3, Art. 10
In case of resignation and or death of the Vice President, another person shall replace him by the proposal of the President and approval of the Wolesi Jirga.
In case of simultaneously death of the President and Vice President, his duties shall be implemented by the Chair of the Meshrano Jirga and in the absence of the chair of the Meshrano Jirga, Chair of the Wolesi Jirga, and in the absence of the Chair of the Wolesi Jirga, the Foreign Minister shall take the duties of the President in accordance with the article 67 of this constitution.

Article Sixty-Nine Ch 3, Art 11
Accusations of crime against humanity, national treason or crime can be leveled against the President by one third of the members of the Wolesi Jirga.
If two third of the Wolesi Jirga votes for charges to be brought forth, the Wolesi jirga shall convene a Loya Jirga within one month.
If the Loya Jirga approve the accusation by a two-thirds majority of votes the President is then dismissed, and the case is referred to a special court.
The special court is composed of three members of the Wolesi Jirga, and three members of the Supreme Court appointed by the Loya Jirga and the Chair of the Meshrano Jirga. The lawsuit is conducted by a person appointed by the Loya Jirga.
In this situation, the provisions of Article 67 of this Constitution are applied.

Article Seventy Ch. 3. Art. 12
The salary and expenditures of the President are regulated by law.
After expiration of his term, the President is entitled to financial benefits of the presidency for the rest of his life in accordance with the law except in the case of dismissal.

Chapter Four: The Government

Article Seventy one Ch. 4, Art. 1
The government consists of the ministers who work under the Chairmanship of the President.
Ministers are appointed by the President and shall be introduced for approval to the National Assembly.

Article Seventy-two Ch. 4, Art. 2
The person who is appointed as the Minister, should have the following qualifications:

  1. Should be the citizen of Afghanistan.
  2. Should have higher education, work experience and, good reputation.
  3. His age should not be less than thirty-five.
  4. Should not have been convicted of crimes against humanity, criminal act, or deprivation of the civil rights by a court.
Article Seventy-three Ch. 4. Art. 3
The Ministers can be appointed from within and without the National Assembly.
If a member of the National Assembly is appointed as a minister, he loses his membership in the National Assembly, and is replaced by another person in accordance with the provisions of law.

Article Seventy-four Ch. 4. Art. 4
Prior to taking office, the minister perform the following oath in the presence of the President:

In the name of Allah, the merciful and compassionate: “ I swear in the name of God Almighty to support the provisions of the sacred religion of Islam, follow the Constitution and other laws of Afghanistan, protect the rights of citizens, and safeguard the independence, territorial integrity and national unity of Afghanistan, and consider God Almighty present in performing all my responsibilities, and honestly perform the duties assigned to me.”
Article Seventy-five Ch. 4. Art. 5
The government has the following duties.
  1. Execute the provision of this Constitution, other laws, and final orders of the courts.
  2. Protect the independence, defend the territorial integrity, and safeguard the interests and dignity of Afghanistan in the international community.
  3. Maintenance of public law and order and elimination of administrative corruption.
  4. Prepare the budget, regulate financial affairs, and protect public wealth.
  5. Devise and implement programs for social, cultural, economic, and technological progress.
  6. Report to the National Assembly at the end of the fiscal year about the tasks accomplished and about the main plans for the new fiscal year.
  7. Perform other duties as recognized by this Constitution and other laws to be duties of the government.
Article Seventy-six Ch. 4, Art.6
In order to implement the main policies of the country, and regulation of its duties, the government shall devise and approve regulations.
These regulations should not be contradictory to the text and spirit of any law.

Article Seventy- seven Ch. 4, Art. 7
As heads of administrative units and members of the government, the ministers perform their duties within the limits determined by this Constitution and other laws. The Ministers are responsible to the President and the Wolesi Jirga for their particular duties.

Article Seventy-eight Ch. 4. Art. 8
If a Minister is accused of crime against humanity, national treason or criminal act of a crime, the case shall be referred to a special court in accordance with the article 134 of this constitution.

Article Seventy-nine Ch. 4, Art. 9
In cases of recess of the Wolesi Jirga, the government can adopt legislation in an emergency situation on matters other than those related to budget and financial affairs.
The legislative decrees become laws after they are signed by the President.
The legislative decrees should be submitted to the National Assembly in the course of thirty days beginning from the first session of the National Assembly.
In case of rejection by the National Assembly, the legislations become void.

Article Eighty Ch. 4, Art. 10
The Minister during the course of their work cannot use their posts for linguistic, regional, ethnic, religious and partisan purposes.


Continued at Constitution of Afghanistan: Chapters 5-8

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