In the name of God, the Merciful, the Compassionate, We the people of Afghanistan:
With firm faith in God Almighty and relying on His mercy, and Believing in the Sacred religion of Islam,
Observing the United Nations Charter and respecting the Universal Declaration of Human Rights,
Realizing the injustice and shortcoming of the past, and the numerous troubles imposed on our country,
While acknowledging the sacrifices and the historic struggles, rightful Jehad and resistance of the Nation, and respecting the high position of the martyrs for the freedom of Afghanistan,
Understanding the fact that Afghanistan is a single and united country and belongs to all ethnicity residing in this country,
For consolidating, national unity, safeguarding independence, national sovereignty, and territorial integrity of the country,
For establishing a government based on people’s will and democracy,
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,
For strengthening of political, social, economic, and defensive institutions of the country,
For ensuring a prosperous life, and sound environment for all those residing in this land,
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 in the city of Kabul.
Chapter One The State
Afghanistan is an Islamic Republic, independent, unitary and indivisible state.
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.
In Afghanistan, no law can be contrary to the sacred religion of Islam and the values of this Constitution.
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.
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.
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.
The state shall abide by the United Nations 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.
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.
Mines, underground resources are properties of the state.
Law shall regulate protection, use, management, and mode of utilization of the public properties.
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.
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.
De 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.
The state shall formulate and implement effective programs for development of industries, growth of production, increasing of public living standards, and support to craftsmanship.
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.
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.
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.
The state shall adopt necessary measures for promotion of education in all levels, development of religious education, organizing and improving the conditions of mosques, madrasas and religious centers.
The calendar of the country shall be based on the pilgrimage of the Prophet (PBUH).
The basis of work for state offices is the solar calendar.
Friday is a public holiday.
Other holidays shall be regulated by law.
The Afghan flag is made up of three equal parts, with black, red and green colors bordering 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 Mehrab and 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 Allah is Great” 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.
The National Anthem of Afghanistan shall be in Pashtu.
The capital of Afghanistan is the city of Kabul.
Chapter Two Fundamental Rights and Duties of Citizens
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
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.
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.
Purity of heart is the original state.
An accused is considered innocent until convicted by a final decision of an authorized court.
Crime is a personal action.
The prosecution, arrest, and detention of an accused and the execution of penalty can not affect another person.
No act is considered a crime, unless determined by a law adopted prior to the date on which 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.
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.
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.
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.
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.
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.
The citizens of Afghanistan have the right to elect and be elected.
Law regulates the conditions and means to exercise this right.
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.
The law will regulate directives related to printing house, radio, television, press, and other mass media.
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.
The citizens of Afghanistan have the right to un-armed demonstrations, for legitimate peaceful purposes.
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.
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.
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.
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.
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.
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.
Every kind of tax, duties, and incomes collected, shall be delivered to the State account.
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.
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.
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.
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.
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.
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.
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.
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 incompliance 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.
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.
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.
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.
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.
The defense of the country is the responsibility of all citizens of Afghanistan.
The conditions for military services are regulated by law.
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.
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.
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.
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
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.
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.
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.
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 Allah, the Merciful, the Compassionate
In the name Allah 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.”
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 Command-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.
10. Appointing of Ministers and the Attorney General with the approval of the Wolesi Jirga, and acceptance of their dismissal and resignation. 11. Appointing the head and members of the Supreme Court with the approval of the Wolesi Jirga. 12. 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. 13. Appointment of heads of diplomatic missions of Afghanistan in foreign countries and international organizations. 14. Accepting the credentials of diplomatic missions in Afghanistan. 15. Signing of laws and legislative decrees. 16. Issuing credential letter for the conclusion of bi-lateral and international treaties in accordance with the provisions of law. 17. Reducing and pardoning penalties in accordance with law. 18. Issuing medals and honorary titles in accordance with the provision of law. 19. Appointment of the Governor of De Afghanistan Central Bank with the approval of the Wolesi Jirga. 20. The establishment of commissions for the improvement of the administrative condition of the country, in accordance with law. 21. Exercising other authorities in accordance with the provisions of this Constitution.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.”
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.
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.
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.
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.
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.
The Minister during the course of their work cannot use their posts for linguistic, regional, ethnic, religion and partisan purposes.
Chapter Five The National Assembly
The National Assembly of the Islamic Republic of Afghanistan as the highest legislative organ is the manifestation of the will of its people and represents the whole nation.
Every member of the National Assembly takes into judgment the general welfare and supreme interests of all people of Afghanistan at the time of casting their vote.
The National Assembly consists of two houses: Wolesi Jirga (the House of People) and Meshrano Jirga. (House of Elders)
No one can become member of both houses simultaneously.
Members of the Wolesi Jirga are elected by the people through free, general, secret, and direct elections.
Their mandate ends on the 1st of Saratan of the fifth year after the elections, and the new assembly starts its work.
The election of the members of the Wolesi Jirga shall be held within 30 to 60 days before the expiry of the term of the Wolesi Jirga.
The number of members of the Wolesi Jirga, proportionate to the population of each region, shall be between two hundred and twenty, and two hundred and fifty.
Electoral constituency and other related issues shall be determined by election laws.
In the election law measures should be adopted for so the election system shall provide general and just representation for all the people of the country, and at least one female delegate should be elected from each province.
Members of the Meshrano Jirga are elected and appointed as follows:
1. From among the members of each provincial council, the respective council elects one person for a period of four years. 2. From among the district councils of each province, the respective councils elect one person for a period of three years. 3. The President from among experts and experienced personalities appoints the remaining one-third of the members for a period of five years.
The president appoints 50% of these people from among women.
A person, who is appointed as a member of the Meshrano Jirga, shall relinquish his membership in the respective council, and another person replaces him in accordance with the law.
A person who is nominated or appointed as a member of the National Assembly should have the following qualifications in addition to those considered by voters.
1. Should be the citizen of Afghanistan, or has obtained the citizenship of the state of Afghanistan at least ten years before becoming a candidate. 2. Should not have been convicted by a court for committing a crime against humanity, a crime, or sentenced of deprivation of his civil rights. 3. Members of Wolesi Jirga should be Twenty Five years old at the date of candidacy, and members of the Meshrano Jirga should be Thirty Five years old at the date of candidacy or appointment.
Credentials of members of the National Assembly are reviewed by independent commission for supervision of the elections in accordance with law.
In the beginning of the legislative period, each one of the two houses elects one of its members as the Chairperson, and two people as the first and second Vice Chairperson, and two people as the secretary and assistant secretary for a period of one year.
These individuals constitute the administrative board in their respective houses.
The duties of the administrative boards are determined in the regulations pertaining to the internal duties of each house.
Each house of the National Assembly sets up commissions to study the topics under discussion in accordance with its internal regulations.
The Wolesi Jirga has the authority to set up a special commission if one-third of its members put forward a proposal to inquire about and study government actions.
The composition and procedure of this commission is specified in the internal regulations of Wolesi Jirga.
The National Assembly has the following authorities:
1. Ratification, modification, or abrogation of laws and or legislative decrees. 2. Approval of plans for economic, social, cultural, and technological development. 3. Approval of state budget, permission for obtaining, and granting loans. 4. Creation, modification of administrative units. 5. Ratification of international treaties and agreements, or abrogation of the membership of Afghanistan to them. 6. Other authorities specified in this Constitution.
Wolesi Jirga has the following special authorities:
1. Deciding on interpellation of each of the ministers in accordance with the provisions of article 92 of this constitution. 2. Taking the final decision about the state’s development programs and state budget, in case of a disagreement between the Wolesi Jirga and the Meshrano Jirga. 3. Approval of the appointments according to the provisions of this constitution.
Wolesi Jirga, based on a proposal by one-tenth of all members, can interpellate each of the Ministers.
If the responses given are not satisfactory, Wolesi Jirga shall consider the issue of vote of no confidence.
Vote of no confidence on a Minister should be explicit, direct, and on the basis of well founded reasons.
This vote should be approved by a majority of all members of the Wolesi Jirga.
Any commission of both Houses of the National Assembly can question each of the Ministers about specific topics.
The person questioned can provide verbal or written response.
Law is what both Houses of the National Assembly approve and the President endorses unless this Constitution states otherwise.
In case the President does not agree to what the National Assembly approves, he can send the document back with justifiable reasons to the Wolesi Jirga within fifteen days of its submission.
With the passage of this period or in case the Wolesi Jirga approves a particular case again with a majority of two-thirds votes, the bill is considered endorsed and enforced.
Proposal for the promulgation of a law can be initiated by the government, or members of the National Assembly, and in the domain of regulating the judicial affairs through the Supreme Court by the government.
Proposal for budget and financial affairs are initiated only by the government.
Proposals for promulgation of law initiated by the government are submitted first to the Wolesi Jirga.
If a proposal for the promulgation of law includes imposition of new taxes or reduction in state incomes, it is included in the working agenda on condition that an alternative source is also envisioned.
The Wolesi Jirga approves or rejects the proposal of the promulgation of law including budget and financial affairs and the proposal of taking or giving loan after discussion as a whole.
The Wolesi Jirga cannot delay the proposal more than one month.
The proposed draft of law is submitted to the Meshrano Jirga, after its approval by the Wolesi Jirga.
The Meshrano Jirga decides on the draft within a period of fifteen days
The National Assembly shall give priority to the promulgation of laws, treaties, and development plans of the government that require argent consideration and decision as per the request of the government.
If a proposal for promulgation of law is initiated by ten members of one of the two Houses and then approved by one fifth members of the respective houses, it can be admitted to the agenda of the respective houses.
The state budget and development plan of the government is submitted through the Meshrano Jirga along with an advisory comments to the Wolesi Jirga.
The decision of the Wolesi Jirga, irrespective of the consent of the Meshrano Jirga, is enforceable after it is signed by the President.
If for some reasons the budget is not approved before the beginning of the new fiscal year, the budget of the year before is applied until the approval of the new budget.
The government is obligated to give to the Wolesi Jirga the budget of the new fiscal year and a brief account of the current year’s budget within the forth quarter of the fiscal year.
The definite account of the previous fiscal year shall be submitted by the government to the Wolesi Jirga within six months of the new year, in accordance with the provisions of law.
Wolesi Jirga cannot delay the approval of the budget for more than one month or permission to give or take loan for more than a 15 days.
If during this period Wolesi Jirga does not take any decision with regards to taking or giving loan, the proposal will be considered as approved.
If, during a session of the National Assembly, the annual budget or a developmental plan or an issue related to public security, territorial integrity, and the country’s independence is under discussion, the session of the assembly cannot end before the approval of the matter.
In case the decision of one house is rejected by another house, a combined committee composed of equal members of each house is formed to resolve the disagreement.
The decision of the committee is enforced after its approval by the President.
In case the combined committee cannot solve the disagreement, the defeated resolution is considered void. And, if the resolution is