Continued from Constitution of Afghanistan: Chapters 5-8
(Back to part 1
: Please consult Official Dari
Constitution texts for accuracy.
Useful vocabulary words: Wolesi Jirga (the House of People) and Meshrano Jirga (House of Elders).
Chapter Nine: The State of Emergency
Article One Hundred and forty three Ch. 9, Art, 1
If due to war, threat of war, serious rebellion, natural disasters, or situations similar to these protecting the independence or nation’s survival becomes impossible by following the provision of this Constitution, the President in confirmation of National Assembly shall declare a state of emergency in some or all parts of the country.
If the state of emergency continues for more than two months, the agreement of National Assembly is required for its extension.
Article One Hundred and forty four Ch. 9, Art. 2
During the state of emergency, the President, with the consultations of heads of the National Assembly, and Chief Justice can transfer some authorities of the National Assembly to the government.
Article One Hundred and forty five Ch. 9, Art. 3
During the state of emergency, the President with the consent of the heads of the National Assembly and the Supreme Court, can suspend the validity of the following Articles or can place restrictions on them:
- Paragraph two of Article twenty-seven
- Article thirty-six.
- Paragraph two of Article thirty-seven.
- Paragraph two of Article thirty-eight.
Article One Hundred and forty six Ch. 9, Art. 4
During the state of emergency, the Constitution cannot be amended.
Article One Hundred and forty seven Ch. 9, Art. 5
If the Presidential term of office, and or the legislative period expire during a state of emergency, the new elections shall be postponed, and the presidency, and the legislative period shall be extended for up to four months. If the state of emergency continues for more than four months, a Loya Jirga shall be called by the President for further decisions. Following the termination of state of emergency, election would be held within two months
Article One Hundred and forty eight Ch. 9, Art. 6
After the end of the state of emergency, the measures adopted on the basis of Articles 144 and 145 of this Constitution shall be considered invalid immediately.
Chapter Ten: Amendments
Article One Hundred and forty nine Ch. 10, Art. 1
The provisions of adherence to the fundamentals of the sacred religion of Islam and the
republican regime cannot be amended. The amendment of the fundamental rights of the people are permitted only in order to make them more effective. Considering new experiences and requirements of the time, other contents of this Constitution can be amended by the proposal of the President or by the majority of the National Assembly in accordance with the provisions of Article 67, and 146 of this
Article One Hundred and fifty Ch. 10, Art. 2
In order to implement proposals regarding amending the Constitution, a commission
composed of members of the government, National Assembly, and the Supreme Court,
would be established by a Presidential decree, and the commission shall prepare a draft of
the amendments. For approval of the amendments, a Loya Jirga shall be convened by the decree of the
President in accordance with the provisions of the Chapter on the Loya Jirga. When the Loya Jirga approves an amendment by a majority of two-thirds of its members, it shall be enforced after endorsement by the President.
Chapter Eleven: The Miscellaneous Provisions
Article One Hundred and fifty one Ch. 11, Art. 1
The President, Vice President, Ministers, Head and members of the Supreme Court,
cannot engage in any profitable business contracts with the government or individuals
during their term of office. Contracts for the purpose of fulfilling personal needs are exception to this provision.
Article One Hundred and fifty two Ch. 11. Art. 2
The President, Vice President, ministers, heads and members of the National Assembly,
the Supreme Court, and judges, cannot undertake other jobs during their terms of office.
Article One Hundred and fifty three Ch. 11. Art. 3
Judges, Attorneys, and Officers of the Armed Forces and Police, and members of the
National Security, cannot be members of political parties during their terms of office.
Article One Hundred and fifty four Ch. 11, Art. 4
Property of the President, Vice President, and ministers and members of the Supreme
Court before and after their term of office would be registered and monitored by an organ
to be set by law.
Article One Hundred and fifty five Ch. 11, Art. 5
For the ministers, members of the National Assembly, the Supreme Court, and judges,
appropriate salaries shall be paid in accordance with the provisions of law.
Chapter Twelve: The Transitional Provisions
Article One Hundred fifty six Ch. 12, Art. 1
The Title of the Father of the Nation and the privileges granted by the Emergency Loya
Jirga of 1381 (2002) to His Majesty Mohammad Zahir Former King of Afghanistan are
preserved for him during his lifetime, in accordance with the provisions of this
Article One Hundred and fifty seven Ch. 12. Art. 2
The period, following the adoption of this Constitution, until the date of inauguration of
the National Assembly, is deemed as transitional period. During the transitional period, the Islamic Transitional State of Afghanistan would carry the following tasks:
- Issue decrees related to the elections of the President, National Assembly and
local councils within six months.
- Issue decrees regarding the structure and authorities of the courts and basic
administration structures within one year.
- Establish an Independent Electoral Commission for Supervising Elections.
- Take necessary measures for reform of executive and judicial affairs
- Adopt necessary measures for preparing the ground for enforcement of the
provisions of this Constitution.
Article One Hundred and fifty eight Ch. 12. Art. 3
The first President elected, takes up his duties after thirty days after the result of his
election has been proclaimed, in accordance with this constitution.
Article One Hundred and fifty nine Ch. 12. Art. 4
Elections of the National Assembly will be held within one year of the Presidential
elections. The powers of the National Assembly under this constitution until the
establishment of the National Assembly is transferred to the Government and the
Supreme Court is formed by the decree of the President.
The Government, and the Supreme Court shall be established within thirty days after the
first session of the Wolesi Jirga is taken place.
The President of the Transitional Islamic State of Afghanistan shall continue his duties
until the elected President has taken has taken the office.
The executive, and judicial organs of the state in accordance with provisions of paragraph
3 of article 157 of this constitution shall continue their duties, until the formation of the
Government and the Supreme Court.
The decrees enforced from the beginning of the interim period, shall be submitted to the
first session of the National Assembly. These decrees are enforceable until they are
annulled by the National Assembly.
Article One Hundred sixty Ch. 12. Art. 5
This constitution is enforced upon its approval by the Loya Jirga, and will be signed and
announced by the President of the Transitional Islamic State of Afghanistan.
Upon the enforcement of it, laws and decrees contrary to the provisions of this
constitution are invalid.