THE CONSTITUTION OF AFGHANISTAN APRIL 9, 1923
NIZAMNAMAH-YE-ASASI-E-DAULAT-E-ALIYAH-E-AFGHANISTAN, 20 HAMAL 1302
FROM THE PERSIAN TEXT, WHICH IS A TRANSLATION FROM THE ORIGINAL
PASHTU TRANSLATED BY M.A. ANSARI UNDER THE SUPERVISION OF LEON B. POULLADA
WITH CORRECTIONS AND VERIFICATION BY FARUQ FARHANG.
ARTICLE 1
AFGHANISTAN IS COMPLETELY FREE AND INDEPENDENT IN THE ADMINISTRATION
OF ITS DOMESTIC AND FOREIGN AFFAIRS. ALL PARTS AND AREAS OF THE COUNTRY
ARE UNDER THE AUTHORITY OF HIS MAJESTY THE KING AND ARE TO BE TREATED AS
A SINGLE UNIT WITHOUT DISCRIMINATION BETWEEN DIFFERENT PARTS OF THE COUNTRY.
ARTICLE 2
THE RELIGION OF AFGHANISTAN IS THE SACRED RELIGION OF ISLAM. FOLLOWERS
OF OTHER RELIGIONS SUCH AS JEWS AND HINDUS RESIDING IN AFGHANISTAN ARE
ENTITLED TO THE FULL PROTECTION OF THE STATE PROVIDED THEY DO NOR DISTURB
THE PUBLIC PEACE. (SEE APPENDIX B)
ARTICLE 3
KABUL IS THE CAPITAL OF AFGHANISTAN BUT ALL THE PEOPLE OF AFGHANISTAN
ARE ENTITLED TO RECEIVE EQUAL TREATMENT FROM THE GOVERNMENT AND THE PEOPLE
OF KABUL ARE NOT ENTITLED TO ANY SPECIAL PRIVILEGES NOT EXTENDED TO THE
PEOPLE OF OTHER CITIES AND VILLAGES OF THE COUNTRY.
ARTICLE 4
IN VIEW OF THE EXTRAORDINARY SERVICES RENDERED TO THE CAUSE OF PROGRESS
AND INDEPENDENCE OF THE AFGHAN NATION BY HIS MAJESTY THE KING, THE NOBLE
NATION OF AFGHANISTAN PLEDGES ITSELF TO THE ROYAL SUCCESSION OF HIS LINE
ON THE PRINCIPLE OF MALE INHERITANCE THROUGH SELECTION TO HE MADE HIS MAJESTY
AND BY THE PEOPLE OF AFGHANISTAN. HIS MAJESTY THE KING ON ASCENDING THE
THRONE WILL PLEDGE TO THE NOBLES AND TO THE PEOPLE THAT HE WILL RULE IN
ACCORDANCE WITH THE PRINCIPLES ENUNCIATED IN THE SHARIA AND IN THIS CONSTITUTION
AND THAT HE WILL PROTECT THE INDEPENDENCE OF THE COUNTRY AND REMAIN FAITHFUL
TO HIS NATION.
ARTICLE 5
HIS MAJESTY THE KING IS THE SERVANT AND THE PROTECTOR OF THE TRUE
RELIGION OF ISLAM AND HE IS THE RULER AND KING OF ALL THE SUBJECTS OF AFGHANISTAN.
ARTICLE 6
THE AFFAIRS OF THE COUNTRY ARE ADMINISTERED BY THE MINISTERS OF
THE GOVERNMENT WHO ARE SELECTED AND APPOINTED BY THE KING. EACH MINISTER
IS RESPONSIBLE FOR HIS MINISTRY; THEREFORE THE KING IS NOT RESPONSIBLE.
ARTICLE 7
MENTION OF THE KING'S NAME IN THE KHUTBA (FRIDAY PRAYERS); MINTING
OF COINS IN THE KING'S NAME; DETERMINATION OF THE RANK OF OFFICIALS IN
ACCORDANCE WITH APPROPRIATE LAWS; AWARDING OF MEDALS AND DECORATIONS; SELECTION
AND APPOINTMENT, DISMISSAL AND TRANSFER OF THE PRIME MINISTER AND OTHER
MINISTERS; RATIFICATION OF PUBLIC LAWS, PROMULGATION AND PROTECTION OF
PUBLIC LAWS AND OF THE SHARIA; BEING COMMANDER IN CHIEF OF ALL THE ARMED
FORCES OF AFGHANISTAN; PROMULGATION AND PROTECTION OF MILITARY RULES AND
REGULATIONS; DECLARING WAR, MAKING PEACE AND OTHER TREATIES; GRANTING AMNESTY,
PARDONING AND COMMUTING LEGAL PUNISHMENTS; ARE AMONG THE RIGHTS OF HIS
MAJESTY THE KING. GENERAL RIGHTS OF THE SUBJECTS OF AFGHANISTAN
ARTICLE 8
ALL PERSONS RESIDING IN THE KINGDOM OF AFGHANISTAN, WITHOUT RESPECT
TO RELIGIOUS OR SECTARIAN DIFFERENCES, ARE CONSIDERED TO BE SUBJECTS OF
AFGHANISTAN. AFGHAN CITIZENSHIP MAY BE OBTAINED OR LOST IN ACCORDANCE WITH
THE PROVISIONS OF THE APPROPRIATE LAW.
ARTICLE 9
ALL SUBJECTS OF AFGHANISTAN ARE ENDOWED WITH PERSONAL LIBERTY AND
ARE PROHIBITED FROM ENCROACHING ON THE LIBERTY OF OTHERS. (SEE APPENDIX
B)
ARTICLE 10
PERSONAL FREEDOM IS IMMUNE FROM AL FORMS OF VIOLATION OR ENCROACHMENT.
NO PERSON MAY BE ARRESTED OR PUNISHED OTHER THAN PURSUANT TO AN ORDER ISSUED
BY A SHARIA COURT OR IN ACCORDANCE WITH THE PROVISION OF APPROPRIATE LAWS.
THE PRINCIPLE OF SLAVERY IS COMPLETELY ABOLISHED. NO MAN OR WOMAN CAN EMPLOY
OTHERS AS SLAVES.
ARTICLE 11
THE PRESS AND THE PUBLICATION OF DOMESTIC NEWSPAPERS IS FREE IN
ACCORDANCE WITH THE APPROPRIATE PRESS LAW. THE RIGHT TO PUBLISH NEWSPAPERS
IS RESERVED TO THE GOVERNMENT AND TO CITIZENS OF AFGHANISTAN. FOREIGN PUBLICATION
MAY BE REGULATED OR RESTRICTED BY THE GOVERNMENT.
ARTICLE 12
SUBJECTS OF AFGHANISTAN SHALL HAVE THE RIGHT TO ORGANIZE PRIVATE
COMPANIES FOR PURPOSES OF COMMERCE, INDUSTRY AND AGRICULTURE, IN ACCORDANCE
WITH THE PROVISIONS OF THE RESPECTIVE LAWS.
ARTICLE 13
SUBJECTS OF AFGHANISTAN SHALL HAVE THE RIGHT TO SUBMIT INDIVIDUAL
OF COLLECTIVE PETITIONS TO GOVERNMENT OFFICIALS FOR THE REDRESS OF ACTS
COMMITTED BY OFFICIAL OR OTHERS AGAINST THE SHARIA OR OTHER LAWS OF THE
COUNTRY. IN APPROPRIATE CASES IF SUCH PETITIONS ARE NOT HEEDED CITIZENS
MAY APPEAL SUCCESSIVELY TO HIGHER AUTHORITIES AND IN CASE THEY STILL FEEL
AGGRIEVED THEY MAY APPEAL DIRECTLY TO THE KING.
ARTICLE 14
EVERY SUBJECT OF AFGHANISTAN HAS THE RIGHT TO AN EDUCATION AT NO
COST AND IN ACCORDANCE WITH THE APPROPRIATE CURRICULUM. FOREIGNERS ARE
NOT PERMITTED TO OPERATE SCHOOLS IN AFGHANISTAN BUT ARE NOT BARRED FROM
BEING EMPLOYED AS TEACHERS.
ARTICLE 15
ALL SCHOOLS IN AFGHANISTAN ARE UNDER THE CONTROL, SUPERVISION, AND
INSPECTION OF THE GOVERNMENT WHICH IS CHARGED WIT DEVELOPING THE SCIENTIFIC
AND NATIONAL EDUCATION OF ALL CITIZENS ON THE BASIS OF UNITY AND DISCIPLINE
BUT THE METHODS AND TEACHING OF THE BELIEFS AND RELIGIONS OF PROTECTED
AND REFUGEE SUBJECTS (HINDUS AND JEWS) SHALL NOT BE INTERFERED WITH.
ARTICLE 16
ALL SUBJECTS OF AFGHANISTAN HAVE EQUAL RIGHTS AND DUTIES TO THE
COUNTRY IN ACCORDANCE WITH SHARIA AND THE LAW'S OF THE STATE.
ARTICLE 17
ALL SUBJECTS OF AFGHANISTAN SHALL BE ELIGIBLE FOR EMPLOYMENT IN
THE CIVIL SERVICE IN ACCORDANCE WITH THEIR QUALIFICATIONS AND ABILITIES
AND WITH THE NEEDS OF THE GOVERNMENT.
ARTICLE 18
ALL DETERMINED FORMS OF TAXATION ARE TO BE COLLECTED IN ACCORDANCE
WITH APPROPRIATE LAWS AND IN PROPORTION TO THE WEALTH AND POWER OF THE
CITIZEN.
ARTICLE 19
IN AFGHANISTAN EVERYONE'S REAL AND PERSONAL PROPERTY IN HIS POSSESSION
IS PROTECTED. IF REAL PROPERTY IS REQUIRED BY THE GOVERNMENT FOR A PUBLIC
PURPOSE THEN IN ACCORDANCE WITH THE PROVISIONS OF A SPECIAL LAW, FIRST
THE PRICE OF THE PROPERTY SHALL BE PAID AND THEN IT MAY BE EXPROPRIATED.
ARTICLE 20
THE DWELLINGS AND HOMES OF ALL AFGHAN SUBJECTS ARE SACROSANCT AND
NEITHER GOVERNMENT OFFICIALS NOR OTHERS MAY VIOLATE A SUBJECT'S HOME WITHOUT
HIS PERMISSION OR DUE PROCESS OF LAW.
ARTICLE 21
IN THE COURTS OF JUSTICE ALL DISPUTES AND CASES WILL BE DECIDED
IN ACCORDANCE WITH THE PRINCIPLES OF SHARIA AND OF GENERAL CIVIL AND CRIMINAL
LAWS,
ARTICLE 22
CONFISCATION AND FORCED LABOR IS ABSOLUTELY PROHIBITED EXCEPT THAT
DURING TIME OF WAR, LABOR SERVICES MAY HE REQUIRED IN ACCORDANCE WITH THE
PROVISIONS OF APPROPRIATE LAWS.
ARTICLE 23
EXCEPT AS PROVIDED IN THE LAWS OF THE STATE (NIZAMNAMAH) NOTHING
WILL BE REQUISITIONED FROM ANYONE.
ARTICLE 24
ALL TYPES OF TORTURE ARE HEREBY PROHIBITED. NO PUNISHMENT MAY BE
IMPOSED ON ANY PERSON EXCEPT AS PROVIDED IN THE GENERAL PENAL CODE AND
THE MILITARY PENAL CODE. (SEE APPENDIX B)
MINISTERS
ARTICLE 25
THE RESPONSIBILITY FOR THE ADMINISTRATION OF THE GOVERNMENT IS VESTED
IN THE COUNCIL OF MINISTERS AND INDEPENDENT DEPARTMENTS (IDARAH-YE-MUSTAQEL).
THE CHAIRMAN OF THE COUNCIL OF MINISTERS IS HIS MAJESTY THE KING.
IN HIS ABSENCE THE ACTING CHAIRMAN WILL BE THE PRIME MINISTER OR IN HIS
ABSENCE THE MINISTER HEADING THE RANKING MINISTRY. (SEE APPENDIX B)
ARTICLE 26
WHEN AN ACTING MINISTER IS APPOINTED IN THE ABSENCE OF A MINISTER,
THE ACTING MINISTER WILL HAVE ALL THE AUTHORITY AND RIGHTS OF THE MINISTER.
ARTICLE 27
A SPECIAL HIGH ASSEMBLY (DARBAR-E-ALI) WILL BE CONVENED EACH YEAR
BEFORE THE INDEPENDENCE CELEBRATIONS ON A DAY TO BE DETERMINED BY HIS MAJESTY
THE KING. THIS ASSEMBLY WILL BE UNDER THE CHAIRMANSHIP OF HIS MAJESTY THE
KING AND WILL BE COMPOSED OF THE HIGH OFFICIALS OF THE GOVERNMENT, THE
ELDERS OF THE PEOPLE, THE NOBLES AND OTHERS SELECTED SPECIALLY BY THE KING.
IN THIS ASSEMBLY EVERY MINISTER AND THE HEADS OF INDEPENDENT DEPARTMENTS
WILL REPORT IN OPEN SESSION ON THE ACHIEVEMENTS AND SERVICES RENDERED DURING
THE PAST YEAR.
ARTICLE 28
HIS MAJESTY THE KING WILL SELECT AND APPOINT THE PRIME MINISTER
AND OTHER MINISTERS.
ARTICLE 29
THE COUNCIL OF MINISTERS WILL FORMULATE THE FOREIGN AND DOMESTIC
POLICIES OF THE GOVERNMENT. DECISIONS OF THE COUNCIL OF MINISTERS, TREATIES,
AGREEMENTS AND OTHER MATTERS THAT MAY REQUIRE RATIFICATION BY HIS MAJESTY
THE KING WILL BECOME EFFECTIVE ONLY AFTER SUCH RATIFICATION.
ARTICLE 30
EVERY MINISTER WILL EXECUTE THE DUTIES APPROPRIATE TO HIS MINISTRY
TO THE FULL EXTENT OF HIS AUTHORITY. MATTERS APPROPRIATE FOR DECISION BY
THE KING WILL BE REFERRED TO HIM AND MATTERS GOVERNED BY THE REGULATIONS
OF THE COUNCIL OF MINISTERS WILL BE REFERRED TO IT. THE COUNCIL OF MINISTERS
WILL DISCUSS THE MATTERS REFERRED TO IT IN ACCORDANCE WITH ITS SPECIAL
LAW AND SIGN THE DECISION AND VIEWS EXPRESSED BY THE COUNCIL.
ARTICLE 31
ALL MINISTERS ARE RESPONSIBLE TO HIS MAJESTY THE KING BOTH REGARDING
THE GENERAL POLICY OF THE GOVERNMENT AS A WHOLE AND THE INDIVIDUAL RESPONSIBILITIES
OF THE MINISTER HIMSELF.
ARTICLE 32
ORAL COMMUNICATIONS AND COMMANDS FROM HIS MAJESTY THE KING TO MINISTERS
SHOULD BE REDUCED TO WRITING AND SIGNED BY THE KING.
ARTICLE 33
TRIALS FOR OFFICIAL MISCONDUCT OF MINISTERS WILL TAKE PLACE BEFORE
THE HIGH COURT (DIWAN-E-ALI) IN ACCORDANCE WITH THE SPECIAL LAW ON THIS
MATTER. TRIALS FOR PERSONAL MISCONDUCT OUTSIDE THE PURVIEW OF THEIR OFFICIAL
DUTIES WILL TAKE PLACE IN THE COURTS OF JUSTICE AS FOR ORDINARY CITIZENS.
ARTICLE 34
A MINISTER WHO IS ACCUSED BEFORE THE HIGH COURT WILL BE SUSPENDED
FROM HIS OFFICIAL DUTIES PENDING THE OUTCOME OF HIS TRIAL.
ARTICLE 35
THE SIZE AND ORGANIZATION OF THE VARIOUS MINISTRIES AND THEIR OFFICES
AND DUTIES ARE PRESCRIBED IN THE LAW ENTITLED BASIC ORGANIZATION OF THE
GOVERNMENT OF AFGHANISTAN (NIZAMNAMAH-YE-TASHKILAT-E-ASASIYAH -E-AFGHANISTAN)
GOVERNMENT OFFICIALS
ARTICLE 36
OFFICIALS WILL BE APPOINTED ON THE BASIS OF COMPETENCE AND IN ACCORDANCE
WITH THE APPROPRIATE LAW'S. NO OFFICIAL CAN BE DISMISSED UNLESS HE RESIGNS
OR FOR MISCONDUCT OR FOR THE BEST INTEREST OF THE GOVERNMENT. OFFICIALS
WHO MAINTAIN GOOD PERFORMANCE RECORDS WILL BE CONSIDERED WORTHY OF PROMOTION
AND EVENTUAL PENSION.
ARTICLE 37
DUTIES OF OFFICIALS HAVE BEEN DESCRIBED IN APPROPRIATE LEGISLATION.
EVERY OFFICIAL WILL BE RESPONSIBLE FOR THE PERFORMANCE OF HIS DUTIES IN
ACCORDANCE WITH SUCH LEGISLATION.
ARTICLE 38
ALL OFFICIALS ARE REQUIRED TO OBEY THE LAWFUL ORDERS OF THEIR SUPERIORS.
IF AN ORDER IS DEEMED BY AN OFFICIAL TO BE WITHOUT SANCTION OF LAW IT IS
HIS DUTY TO REFER THE MATTER TO THE CENTRAL AUTHORITIES OF THE MINISTRY.
IF HE EXECUTES SUCH AN ILLEGAL ORDER WITHOUT FIRST HAVING REFERRED IT TO
THE CENTRAL AUTHORITY OF HIS MINISTRY, HE WILL BE CONSIDERED TO BE EQUALLY
RESPONSIBLE WITH THE OFFICIAL WHO GAVE THE ORDER.
PROVINCIAL COUNCILS AND THE STATE COUNCIL
ARTICLE 39
THERE IS HEREBY ESTABLISHED A STATE COUNCIL IN THE CAPITAL OF THE
KINGDOM AND LOCAL COUNCILS IN THE PROVINCES AND DISTRICT CENTERS, THESE
COUNCILS TO ACT AS ADVISORY BODIES. (TRANSLATOR'S NOTE: DISTRICT CENTERS
CONSISTED OF FIVE DIFFERENT LEVELS LESS IMPORTANT THAN A PROVINCE. THESE
WERE:
1) HUQUMAT-E-ALA, OR HIGH GOVERNORSHIP, WHICH WAS EQUIVALENT TO
A PROVINCE BUT SMALLER OR LESS IMPORTANT.
2) HUQUMATI OF 1ST, 2ND, OR 3RD DEGREES WHICH DEPENDED FROM THE
PROVINCIAL OR HUQUMATI-E-ALA GOVERNMENTS; AND
3) ALAQADRI OR DISTRICTS WHICH DEPENDED FROM THE HUQUMATI.)
ARTICLE 40
MEMBERSHIP IN THE STATE AND LOCAL ADVISORY COUNCILS CONSISTS OF
BOTH APPOINTED AND ELECTED MEMBER.
ARTICLE 41
APPOINTED MEMBERS OF THE ADVISORY COUNCILS ARE THOSE OFFICIALS ENUMERATED
IN THE LAW ON THE BASIC ORGANIZATION OF THE GOVERNMENT OF AFGHANISTAN.
THE APPOINTED MEMBERS OF THE STATE COUNCIL ARE DIRECTLY SELECTED AND APPOINTED
BY THE KING. THE NUMBER OF APPOINTED MEMBERS WILL BE EQUAL TO THE NUMBER
OF ELECTED MEMBERS. THE ELECTED MEMBERS WILL BE SELECTED AND APPOINTED
BY THE PEOPLE. SEPARATE ARTICLES IN THE LAW ON THE BASIC ORGANIZATION OF
THE GOVERNMENT OF AFGHANISTAN PRESCRIBE THE ELECTION PROCEDURES FOR THESE
MEMBERS.
ARTICLE 42
THE STATE AND LOCAL COUNCILS IN ADDITION TO THOSE DUTIES PRESCRIBED
IN THE BASIC ORGANIZATION LAW WILL:
A) MAKE SUGGESTIONS TO THE GOVERNMENT FOR THE IMPROVEMENT OF INDUSTRY,
COMMERCE, AGRICULTURE, AND EDUCATION.
B) PETITION THE GOVERNMENT REGARDING ANY IRREGULARITIES IN MATTERS
OF TAXATION OR GENERAL GOVERNMENT ADMINISTRATION WITH A VIEW TO DEMANDING
REMEDIAL ACTION (SEE APPENDIX B)
C) COMPLAIN TO THE GOVERNMENT REGARDING ANY VIOLATIONS OF THE BASIC
RIGHTS CONFERRED UPON THE PEOPLE BY THIS CONSTITUTION.
ARTICLE 43
SUGGESTIONS, PETITIONS, OR COMPLAINTS BY THE ADVISORY COUNCILS WILL
BE PRESENTED IN THE FIRST INSTANCE TO THE GOVERNOR OR EXECUTIVE OFFICIAL
OF THE DISTRICT PERTAINING TO THE COUNCIL. SUCH GOVERNOR OR OTHER LOCAL
OFFICIAL WILL TAKE APPROPRIATE MEASURES WITHIN THE SCOPE OF HIS AUTHORITY.
IF SUCH MEASURES WOULD GO BEYOND THE SCOPE OF HIS AUTHORITY HE WILL FORWARD
THE MATTER TO THE APPROPRIATE MINISTRY WHICH IN TURN WILL TAKE THE NECESSARY
ACTION OR IN APPROPRIATE CASES WILL PROCEED IN ACCORDANCE WITH ARTICLE
30 HEREOF OR IF THE MATTER BE ONE OF LEGAL NATURE THEN IN ACCORDANCE WITH
ARTICLE 46 HEREOF.
ARTICLE 44
IF WITHIN A MONTH AFTER PRESENTING A PETITION, SUGGESTION, OR COMPLAINT
TO THE GOVERNOR OR OTHER LOCAL OFFICIAL, THE ADVISORY COUNCIL HAS NOT RECEIVED
A REPLY, IT MAY ON ITS OWN INITIATIVE FORWARD THE MATTER DIRECTLY TO THE
STATE COUNCIL.
ARTICLE 45
THE STATE COUNCIL WILL THEREUPON PREPARE AN OPINION ON THE CASE
AND FORWARD IT TO THE APPROPRIATE MINISTRY. IF THE MINISTRY DELAYS ACTION
OF THE CASE THE STATE COUNCIL SHALL FORWARD IT DIRECTLY TO HIS MAJESTY
THE KING.
ARTICLE 46
LEGISLATION PREPARED AND PROPOSED BY THE GOVERNMENT WILL BE SCRUTINIZED
BY THE STATE COUNCIL AND THEN PASSED TO THE COUNCIL OF MINISTERS FOR FURTHER
EXAMINATION. IF APPROVED IN BOTH BODIES THEY MAY THEN FORWARD IT TO HIS
MAJESTY THE KING FOR RATIFICATION, AFTER WHICH SUCH LEGISLATION BECOMES
THE LAW OF THE LAND.
ARTICLE 47
IN ADDITION TO THE PERMANENT APPOINTED MEMBERS OF THE STATE COUNCIL,
CERTAIN HIGH RANKING CIVIL SERVANTS AND MILITARY OFFICIALS ABOVE THE RANK
OF DISTRICT AND PROVINCIAL GOVERNORS AND GOVERNORS GENERAL AND FROM THE
MILITARY RANK OF LEWA MISHR (BRIGADIER GENERAL) RESPECTIVELY, MAY BE APPOINTED
AS TEMPORARY MEMBERS OF THE STATE COUNCIL UNTIL THEIR APPOINTMENT TO A
NEW POST, PROVIDED THEY HAVE NOT BEEN RELIEVED FROM DUTY AWAITING TRIAL.
ARTICLE 48
THE STATE COUNCIL WILL REVIEW THE YEARLY BUDGET PREPARED BY THE
MINISTRY OF FINANCE IN THE MANNER PRESCRIBED IN THE GENERAL LAW OF THE
BUDGET (NIZAMNAMAH-YE-BUJET).
ARTICLE 49
THE STATE COUNCIL WILL REVIEW ALL CONTRACTS AND TREATIES AND AGREEMENTS
MADE BETWEEN THE GOVERNMENT AND FOREIGNERS.
THE COURTS
ARTICLE 50
ALL TRIALS IN COURTS OF JUSTICE WILL BE PUBLIC PROVIDED THAT FOR
CERTAIN SPECIAL MATTERS ENUMERATED IN THE GENERAL LAW ON COURTS (NIZAMNAMAH
-YE-MOHAKAM), THE JUDGE MAY PRESCRIBE A CLOSED TRIAL.
ARTICLE 51
EVERY CITIZEN OR PERSON APPEARING BEFORE A COURT OF JUSTICE MAY
USE ANY LEGITIMATE MEANS TO INSURE PROTECTION OF HIS RIGHTS. ARTICLE 52
COURTS OF JUSTICE WILL NOT DELAY THE HEARING AND SETTLING OF CASES
WHICH IT IS THEIR DUTY TO HEAR.
ARTICLE 53
ALL COURTS OF JUSTICE ARE FREE FROM ALL TYPES OF INTERFERENCE AND
INTERVENTION.
ARTICLE 54
THE VARIOUS TYPES AND HIERARCHY OF COURTS ARE SET FORTH IN THE LAW
ON THE BASIC ORGANIZATION OF THE GOVERNMENT OF AFGHANISTAN.
ARTICLE 55
NO SPECIAL COURT TO HEAR AND ADJUDICATE A SPECIAL CASE OR ISSUE
MAY BE ESTABLISHED OUTSIDE THE FRAMEWORK OF THE REGULAR JUDICIARY.
THE HIGH COURT
ARTICLE 56
A HIGH COURT WILL BE ESTABLISHED ON A TEMPORARY BASIS FROM TIME
TO TIME FOR THE SPECIAL PURPOSE OF TRIALS OF MINISTERS. AFTER COMPLETING
ITS TASK IT WILL BE DISSOLVED.
ARTICLE 57
THE ORGANIZATION AND PROCEDURES OF THE HIGH COURT WILL BE PRESCRIBED
IN A SPECIAL LAW.
FINANCIAL AFFAIRS
ARTICLE 58
COLLECTION OF ALL STATE TAXES WILL BE IN ACCORDANCE WITH GENERAL
LAWS ON TAXATION.
ARTICLE 59
A YEARLY BUDGET DETAILING THE INCOME AND EXPENDITURES OF THE GOVERNMENT
WILL BE PREPARED AND ALL REVENUES AND EXPENDITURES OF THE GOVERNMENT WILL
BE IN ACCORDANCE WITH THE BUDGET.
ARTICLE 60
AT THE END OF EACH YEAR A FINANCIAL REPORT WILL HE PREPARED RELATING
ACCRUAL REVENUES AND EXPENDITURES OF THE PREVIOUS YEAR TO THOSE DETAILED
IN THE BUDGET.
ARTICLE 61
IN ACCORDANCE WITH A SPECIAL LAW PASSED FOR THIS PURPOSE, AN AUDITING
OFFICE WILL BE ESTABLISHED. THE PRINCIPAL FUNCTION OF THE AUDITING OFFICE
WILL BE TO INQUIRE AND REPORT WHETHER THE REVENUES AND EXPENDITURES OF
THE GOVERNMENT HAVE ACTUALLY COINCIDED WITH THOSE PRESCRIBED IN THE BUDGET.
ARTICLE 62
THE ORGANIZATION AND IMPLEMENTATION OF THE FINANCIAL REPORT AND
OF THE BUDGET IS PRESCRIBED IN A SPECIAL LAW PASSED FOR THIS PURPOSE. THE
ADMINISTRATION OF PROVINCES
ARTICLE 63
PROVINCIAL ADMINISTRATION IS BASED ON THREE BASIC PRINCIPLES:
1) DECENTRALIZATION OF AUTHORITY;
2) CLEAR DELINEATION OF DUTIES;
3) CLEAR DETERMINATION OF RESPONSIBILITIES.
ALL THE DUTIES OF PROVINCIAL OFFICIALS HAVE BEEN DETERMINED ON THE
BASIS OF THE ABOVE PRINCIPLES AND IN ACCORDANCE WITH THE PERTINENT LAWS.
THE AUTHORITY OF THESE OFFICIALS IS LIKEWISE LIMITED BY THESE PRINCIPLES
AND LAWS AND EVERY OFFICIAL IS RESPONSIBLE TO HIS SUPERIOR ON THE SAME
BASIS.
ARTICLE 64
BRANCH OFFICES OF THE MINISTRIES ARE ESTABLISHED IN THE PROVINCES,
AND CITIZENS, DEPENDING ON THE SUBJECT MATTER, SHOULD INITIALLY HAVE RECOURSE
TO THESE BRANCH OFFICES FOR HELP IN SOLVING THEIR PROBLEMS.
ARTICLE 65
IF THE SOLUTION OF THE PROBLEMS OF THE CITIZENS CANNOT BE FOUND
BY THE OFFICIALS OF THESE MINISTRY BRANCHES, OR IF THESE OFFICIALS DO NOT
DISPOSE OF THE CASE IN ACCORDANCE WITH THE LAWS, THE AGGRIEVED CITIZEN
MAY HAVE RECOURSE TO THE SUPERIOR OFFICIALS OF THE MINISTRY BRANCHES OR
IF NECESSARY TO THE DISTRICT AND PROVINCIAL GOVERNORS OR GOVERNORS GENERAL.
ARTICLE 66
THE ORGANIZATION, FUNCTIONS, AND DUTIES OF MUNICIPALITIES HAVE BEEN
SET FORTH IN THE SPECIAL LAW ON MUNICIPALITIES (NIZAMNAMAH-YE-BALADIYAH).
ARTICLE 67
MILITARY GOVERNMENT AND MILITARY ADMINISTRATION MAY BE PROCLAIMED
BY THE GOVERNMENT IN ANY PART OF THE COUNTRY IN WHICH SIGNS OF DISOBEDIENCE
AND REBELLION ARE SUCH AS TO DISTURB THE PUBLIC SECURITY.
MISCELLANEOUS ARTICLES
ARTICLE 68
ELEMENTARY EDUCATION IS COMPULSORY FOR ALL CITIZENS OF AFGHANISTAN.
THE VARIOUS CURRICULA AND BRANCHES OF KNOWLEDGE ARE DETAILED IN A SPECIAL
LAW AND THEY WILL BE IMPLEMENTED.
ARTICLE 69
NONE OF THE ARTICLES OF THIS CONSTITUTION MAY BE CANCELED OR SUSPENDED
FOR WHATEVER REASON OR CAUSE.
ARTICLE 70
THIS CONSTITUTION MAY BE AMENDED IN CASE OF NECESSITY UPON PROPOSAL
OF TWO THIRDS OF THE MEMBERS OF THE STATE COUNCIL FOLLOWED BY APPROVAL
OF THE COUNCIL OF MINISTERS AND RATIFICATION BY HIS MAJESTY THE KING.
ARTICLE 71
IF NECESSARY ANY CLARIFICATION OR INTERPRETATION OF ANY ARTICLE
OF THIS CONSTITUTION OR OTHER LAWS OF THE STATE MUST BE REFERRED TO THE
COUNCIL OF STATE AND FOLLOWING CORRECTION AND EXPLANATION BY THE COUNCIL
OF STATE AND APPROVAL BY THE COUNCIL OF MINISTERS IT WILL BE PRINTED AND
PUBLISHED.
ARTICLE 72
IN THE PROCESS OF LEGISLATION THE ACTUAL LIVING CONDITIONS OF THE
PEOPLE, THE EXIGENCIES OF THE TIME AND PARTICULARLY THE REQUIREMENTS OF
THE LAW'S OF SHARIA WILL BE GIVEN CAREFUL CONSIDERATION.
ARTICLE 73
SECURITY OF PERSONAL CORRESPONDENCE IS ONE OF THE RIGHTS OF ALL
CITIZENS AND ALL COMMUNICATIONS HANDLED BY THE POST OFFICE WILL BE SECURE
FROM SEARCH AND INSPECTION AND WILL BE DELIVERED TO THE ADDRESSEE IN THE
SAME CONDITION THEY WERE RECEIVED UNLESS A COURT ORDER HAS BEEN ISSUED
PERMITTING INSPECTION.
THE ARTICLES OF THIS CONSTITUTION HAVE BEEN APPROVED UNANIMOUSLY
BY THE MINISTERS OF THE GOVERNMENT AND BY ALL THE REPRESENTATIVES OF THE
NATION GATHERED IN A GRAND COUNCIL (LOYA JIRGA) IN THE EASTERN PROVINCE
(MASHRIQI) AND 872 MEMBERS OF THAT GRAND COUNCIL HAVE SIGNED AND SEALED
THIS DOCUMENT FOR THE SUCCESSFUL FOUNDATION OF THE EXALTED STATE OF AFGHANISTAN.
IT IS OUR WILL AND COMMAND THAT THIS CONSTITUTION BE INCLUDED AMONG THE
OTHER LAW'S OF THE GOVERNMENT AND THAT ALL ITS ARTICLES BE IMPLEMENTED.
(SEAL OF KING AMANULLAH)
APPENDIX B ANNOTATED AMENDMENTS OF JANUARY 28, 1925 (8 DALW 1303)
THE CONSTITUTION OF 20 HAMAL 1302 (APRIL 9, 1923) WAS AMENDED BY
THE LOYA JIRGA WHICH MET IN PAGHMAN IN 1924. THE AMENDED TEXT BECAME EFFECTIVE
ON 8 DALW 1303 (JANUARY 28, 1925).
THE AMENDMENTS WERE A DIRECT RESULT OF THE REBELLION OF THE MANGAL
TRIBE IN 1924. THIS REBELLION WAS GIVEN A RELIGIOUS FLAVOR BY CERTAIN RELIGIOUS
LEADERS WHO SIDED WITH THE REBELS. KING AMANULLAH IN ORDER TO EXPOSE THIS
OFFERED TO SEND A DELEGATION OF RELIGIOUS SCHOLARS FROM KABUL TO DISCUSS
THE OBJECTIONS OF THE MANGAL MULLAHS AND PROMISED TO MAKE ANY CHANGES AGREED
UPON. THE DISCUSSION TOOK PLACE BUT NO AGREEMENT WAS REACHED IT BECOMING
EVIDENT THAT THE TRIBAL MULLAHS SIMPLY WANTED PRETEXTS TO JUSTIFY THE REBELLION.
NEVERTHELESS AMANULLAH'S DELEGATES ON RETURNING TO KABUL RECOMMENDED THAT
CERTAIN PROVISIONS OF THE CONSTITUTION AND OF SOME LAWS BE CHANGED SO AS
TO REMOVE ALL PRETEXT FOR OPPOSITION. THE KING THEN SUMMONED A LOYA JIRGA
WHICH MET IN PAGHMAN AT THE END OF 1924 AND RECOMMENDED CERTAIN AMENDMENTS
AND CHANGES. THE AMENDED CONSTITUTION WAS THEN REISSUED WITH THE FOLLOWING
IMPRIMATUR BY THE KING:
THE ARTICLES OF THIS CONSTITUTION WHICH WERE APPROVED UNANIMOUSLY
BY THE MINISTERS OF THE GOVERNMENT AND THE REPRESENTATIVES OF THE GRAND
COUNCIL WHICH MET IN THE EASTERN PROVINCE FOR THE FOUNDATION OF THE EXALTED
STATE OF AFGHANISTAN, HAVE ALSO BEEN PRESENTED TO THE GRAND COUNCIL OF
PAGHMAN AND IN ACCORDANCE WITH THE VOTES OF THE MINISTERS OF THE GOVERNMENT
AND ALL THE REPRESENTATIVES OF THE NATION INCLUDING SCHOLARS, SADATS AND
OTHER RELIGIOUS LEADERS, THESE ARTICLES HAVE BEEN APPROVED. DALW 8, 1303.
(SEAL OF KING AMANULLAH)
FOLLOWING ARE THE SUBSTANTIVE DIFFERENCES BETWEEN THE ORIGINAL AND
AMENDED VERSION OF THE CONSTITUTION:
ARTICLE 2 WAS AMENDED BY ADDING TO THE PROVISION THAT THE 'RELIGION
OF AFGHANISTAN IS THE SACRED RELIGION OF ISLAM' THE FOLLOWING 'AND ITS
OFFICIAL RELIGIOUS RITE IS THE SUBLIME HANAFITE RITE.' ALSO ADDED AT THE
END OF THE ARTICLE IS THE PROVISION THAT 'HINDUS AND JEWS MUST PAY THE
SPECIAL TAX AND WEAR DISTINCTIVE CLOTHING.'
ARTICLE 9 WAS AMENDED BY ADDING THE FOLLOWING: 'AFGHAN SUBJECTS
ARE BOUND BY THE RELIGIOUS RITE AND POLITICAL INSTITUTIONS OF AFGHANISTAN.'
THE INTENT OF THE ORIGINAL VERSION WAS CLEARLY TO ELIMINATE INVIDIOUS DISCRIMINATION
ON THE BASIS OF RELIGION OR OTHER SIMILAR DISTINCTIONS. THE AMENDMENT IN
EFFECT PLACES A RELIGIOUS LIMIT ON THE FREEDOM OF THE CITIZEN. MOREOVER
IT IS AMBIGUOUS, SINCE IT COULD BE INTERPRETED TO MEAN THAT ALL CITIZENS
MUST BE MUSLIMS OF THE HANAFITE RITE. THIS APPARENTLY WAS NOT INTENDED,
ONLY MEANING, JUDGING FROM SUBSEQUENT PRACTICE, BEING THAT ALL CITIZENS
OF WHATEVER CREED MUST RESPECT THE FACT THAT THE STATE RELIGION WAS THE
HANAFITE AND SUNNI.
ARTICLE 24 WAS AMENDED BY ADDING AS THE END OF THE ARTICLE THE FOLLOWING:
'EXCEPT THOSE PUNISHMENTS WHICH ARE IN ACCORDANCE WITH THE RULES OF THE
SHARIA AND WHICH ARE IN ACCORD WITH OTHER PUBLIC LAWS WHICH ARE THEMSELVES
CODIFIED ACCORDING TO THE RULES OF SHARIA.'
ARTICLE 25 WAS AMENDED BY REMOVING THE WORD 'ACTING' BEFORE THE
WORD 'CHAIRMAN' WHEN REFERRING TO THE PRIME MINISTER IN HIS CAPACITY IN
THE ABSENCE OF THE KING. THE REASON FOR THIS AMENDMENT IS OBSCURE AND SEEMS
TO BE BASED ON CONSIDERATIONS OF PERSONAL RELATIONS BETWEEN THE KING AND
THE PRIME MINISTER AT THE TIME.
ARTICLE 42 (B) WAS AMENDED BY ADDING THE WORD 'STATE' BEFORE THE
WORD 'TAXATION.' ACCORDING TO SOME SOURCES, THE PURPOSE WAS TO SPARE THE
CENTRAL GOVERNMENT FROM COMPLAINTS ABOUT LOCAL TAXES. ACCORDING TO OTHER
SOURCES THE PURPOSE WAS TO CLARIFY THE POSITION THAT THE TAXING POWER WAS
VESTED ONLY IN THE STATE AND WAS NOT TO BE USED BY LOCAL OFFICIALS OR LOCAL
CHIEFS.
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