Afghanistan

Constitution of the Islamic Republic of Afghanistan (2004)

Updated: June 2015

Table of Contents:




Back to Top

 

Article 33 states:

The citizens of Afghanistan shall have the right to elect and be elected. The conditions of exercising this right shall be regulated by law.

 

Article 83 states:

Members of the House of People shall be elected by the people through free, general, secret and direct balloting. The work period of the House of People shall terminate, after the disclosure of the results of the elections, on the 1st of Saratan of the fifth year and the new parliament shall commence work. The elections for members of the House of People shall be held 30-60 days prior to the expiration of the term of the House of People...

 

Excerpts from the Constitution of the Islamic Republic of Afghanistan (2004)

 


Back to Top

Article 62 states:

The individual who becomes a presidential candidate shall have the following qualifications:

(1) Shall be a citizen of Afghanistan, Muslim, born of Afghan parents and shall not be a citizen of another country;

(2) Shall not be less than forty years old the day of candidacy;

(3) Shall not have been convicted of crimes against humanity, a criminal act or deprivation of civil rights by court.No individual shall be elected for more than two terms as President. The provision of this article shall also apply to Vice-Presidents.

 

Article 67 states:

In case of resignation, impeachment or death of the President, as well as an incurable illness impeding performance of duty, the First Vice-President shall assume authorities and duties of the President. The President shall personally tender resignation to the National Assembly. Affirmation of an incurable illness shall be verified by an authoritative medical team assigned by the Supreme Court. In such cases, elections for the new President shall be held within three months in accordance with Article Sixty-One of the Constitution...

 

Article 72 states:

The individual appointed as Minister shall have the following qualifications:

(1) Shall have only the citizenship of Afghanistan; if the ministerial candidate has the citizenship of another country as well, the House of People shall have the right to approve or reject the nomination;

(2) Shall have higher education, work experience as well as a good reputation;

(3) Shall not be less than thirty five years of age; 4. Shall not have been convicted of crimes against humanity, a criminal act or deprivation of civil rights by a court.

 

Article 85 states:

The individual who becomes a candidate or appointed to the membership of the National Assembly, in addition to the completion of the conditions of the election, shall have the following qualifications:

(1) Shall be a citizen of Afghanistan or shall have obtained citizenship of the state of Afghanistan at least ten years prior to candidacy date or appointment;

(2) Shall not have been convicted of crimes against humanity, as well as a crime or deprivation from civil rights by a court;

(3) Shall have completed twenty-five years of age on candidacy day for the House of People, and thirty-five years on candidacy day or appointment for the House of Elders.

 

Article 108 states:

In cases of death, resignation, and dismissal of a member of the National Assembly or disability or handicap, which impedes permanent performance of duty, the placement of the new representative for the remaining period of the legislative term shall be in accordance with provisions of the law. Matters related to the presence and absence of members of the National Assembly shall be regulated by the Internal Duties Statute.

 

Article 118 states:

Supreme Court members shall have the following qualifications:

(1) At time of appointment the age of the Chief Justice of the Supreme Court and its members shall not be less than forty year.

(2) Shall be a citizen of Afghanistan.

(3) Shall have higher education in legal studies or Islamic jurisprudence as well as expertise and adequate experience in the judicial system of Afghanistan.

(4) Shall have good character as well as good reputation.

(5) Shall not have been convicted, by a court, for crimes against humanity, crimes, or deprivation of civil rights.

(6) Shall not be a member of any political party during his term of duty.

 

Excerpts from the Constitution of the Islamic Republic of Afghanistan (2004)

Back to Top

Article 6 states:

The state shall be obligated to create a prosperous and progressive society based on social justice, preservation of human dignity, protection of human rights, realization of democracy, attainment of national unity as well as equality between all peoples and tribes and balance development of all areas of the country.

 

Article 7 states:

The state shall observe the United Nations Charter, inter-state agreements, as well as international treaties to which Afghanistan has joined, and the Universal Declaration of Human Rights. The state shall prevent all kinds of terrorist activities, cultivation and smuggling of narcotics, and production and use of intoxicants.

 

Article 22 states:

Any kind of discrimination and distinction between citizens of Afghanistan shall be forbidden. The citizens of Afghanistan, man and woman, have equal rights and duties before the law.

 

Article 53 states:

The state shall adopt necessary measures to regulate medical services as well as financial aid to survivors of martyrs and missing persons, and for reintegration of the disabled and handicapped and their active participation in society, s in accordance with provisions of the law. The state shall guarantee the rights of retirees, and shall render necessary aid to the elderly, women without caretaker, disabled and handicapped as well as poor orphans, in accordance with provisions of the law.

 

Excerpts from the Constitution of the Islamic Republic of Afghanistan (2004)

Back to Top

Article 62 states:

The individual who becomes a presidential candidate shall have the following qualifications:

(1) Shall be a citizen of Afghanistan, Muslim, born of Afghan parents and shall not be a citizen of another country;

(2) Shall not be less than forty years old the day of candidacy;

(3) Shall not have been convicted of crimes against humanity, a criminal act or deprivation of civil rights by court. No individual shall be elected for more than two terms as President. The provision of this article shall also apply to Vice-Presidents.

 

Article 67 states:

In case of resignation, impeachment or death of the President, as well as an incurable illness impeding performance of duty, the First Vice-President shall assume authorities and duties of the President. The President shall personally tender resignation to the National Assembly. Affirmation of an incurable illness shall be verified by an authoritative medical team assigned by the Supreme Court. In such cases, elections for the new President shall be held within three months in accordance with Article Sixty-One of the Constitution...

 

Article 72 states:

The individual appointed as Minister shall have the following qualifications:

(1) Shall have only the citizenship of Afghanistan; if the ministerial candidate has the citizenship of another country as well, the House of People shall have the right to approve or reject the nomination;

(2) Shall have higher education, work experience as well as a good reputation;

(3) Shall not be less than thirty five years of age;

(4) Shall not have been convicted of crimes against humanity, a criminal act or deprivation of civil rights by a court.

 

Article 85 states:

The individual who becomes a candidate or appointed to the membership of the National Assembly, in addition to the completion of the conditions of the election, shall have the following qualifications:

(1) Shall be a citizen of Afghanistan or shall have obtained citizenship of the state of Afghanistan at least ten years prior to candidacy date or appointment;

(2) Shall not have been convicted of crimes against humanity, as well as a crime or deprivation from civil rights by a court;

(3) Shall have completed twenty-five years of age on candidacy day for the House of People, and thirty-five years on candidacy day or appointment for the House of Elders.

 

Article 108 states:

In cases of death, resignation, and dismissal of a member of the National Assembly or disability or handicap, which impedes permanent performance of duty, the placement of the new representative for the remaining period of the legislative term shall be in accordance with provisions of the law. Matters related to the presence and absence of members of the National Assembly shall be regulated by the Internal Duties Statute.

 

Article 118 states:

Supreme Court members shall have the following qualifications:

(1) At time of appointment the age of the Chief Justice of the Supreme Court and its members shall not be less than forty year.

(2) Shall be a citizen of Afghanistan.

(3) Shall have higher education in legal studies or Islamic jurisprudence as well as expertise and adequate experience in the judicial system of Afghanistan.

(4) Shall have good character as well as good reputation.

(5) Shall not have been convicted, by a court, for crimes against humanity, crimes, or deprivation of civil rights.

(6) Shall not be a member of any political party during his term of duty.

 

Excerpts from the Constitution of the Islamic Republic of  Afghanistan (2004)