Title IV. The Shura (Parliament)
Article 41
The Shura (Parliament) in Afghanistan manifests the will of the people and represents the whole of the nation.
The People of Afghanistan participate through the Shura (Parliament) in the political life of the country. Although elected from a particular constituency each member of the Shura (Parliament) shall at the time of expressing his opinion, take the general interest of the whole of Afghanistan as the basis for his judgement.
Article 42
The Shura (Parliament) consists of two houses:
- Wolesi Jirgah (House of the People).
Meshrano Jirgah (House of the Elders).
Article 43
Members of the Wolesi Jirgah (House of the People) shall be elected by the people of Afghanistan in a free, universal, secret and direct election, in accordance with the provisions of the law. For this purpose Afghanistan shall be divided into electoral constituencies, the number and limits of which are fixed by the law. Each Constituency shall return one member. The candidate who obtains the largest number of votes cast in his constituency, in accordance with the provisions of the law, shall be recognized as the representative of that constituency.
Article 44
Members of the Wolesi Jirgah (House of the People) shall be elected for a period of four years, which is one term of the legislature. Whenever the Shura (Parliament) is dissolved, in accordance with the provision of this constitution, a new Wolesi Jirgah (House of the People) shall be elected for another legislative term. However, the termination date of the outgoing House is so regulated that the ensuing session of the Wolesi Jirgah (House of the People) commences on the date stipulated in Article 59.
Article 45
Members of the Meshrano Jirgah (House of the Elders) shall be nominated and elected as follows:
- One-third of the members shall be appointed by the King for a period of five years from amongst well-informed and experienced persons.
- The remaining two-thirds of the members shall be elected as follows:
- Each Provincial Council shall elect one of its members to the Meshrano Jirgah (House of the elders) for a period of three years.
- The residents of each province shall elect one person for a period of four years by a free, universal, secret and direct election.
Article 46
Qualifications for voters shall be specified in the electoral law. Persons appointed or elected for membership in the Shura (Parliament) must meet the following requirements in addition to their qualifications as voters:
- Must have acquired Afghan nationality at least ten years prior to the date of nomination or election.
- Must not have been punished by a court with deprivation of political rights after the promulgation of this constitution.
- Must be able to read and write.
- Members of the Wolesi Jirgah (House of the People) must have completed the age of 25 at the time of the election and those of the Meshrano Jirgah (House of the Elders) the age of 30 at the time of their nomination or election.
Article 47
The Head and members of the government, Judges, officers and members of the armed forces, officials and other personnel of the administration cannot be appointed or elected to the Shura (Parliament) while they are in service.
Article 48
No person can be a member of both Houses simultaneously.
Article 49
Elections shall be governed by the electoral law subject to the provisions of this Constitution. No bill to amend the electoral law may be entertained on the agenda of either house of the Shura (Parliament) during the last two years of the legislative term of the Wolesi Jirgah (House of the People).
Article 50
Documents of membership are authenticated in each House by the House itself. The procedure of authentication shall be specified in the rules of procedure of the House concerned.
Article 51
No legal proceedings can be brought against a member of the Shura (Parliament) for expressing an opinion or idea while performing his duty inside or outside the Shura (Parliament).
Whenever a member of the Shura (Parliament) is accused of an offence, the official responsible shall communicate the matter to the House of which the accused is a member. The legal proceedings against the accused shall be initiated when the House votes its approval by a two-thirds majority of its members. The House can also rescind its permission by a two-thirds majority vote of its members.
In the case of a witnessed crime the official responsible can start legal proceedings and arrest a member of the Shura (Parliament) without the permission of the House to which he belongs.
Whenever legal proceedings demand the detention of the accused in accordance with the provisions of the law, the official responsible is bound to communicate the matter immediately to the House concerned, and with its permission may detain the accused. In case the accusation occurs during the period when the House is not in session, permission for detention shall be obtained from the Executive Council of the House. The decision of the Executive Council shall be placed before the House at its next session for appropriate action.
Article 52
Members of the Shura (Parliament) cannot undertake any other profession. This rule does not apply to agriculture and other free enterprises.
Article 53
Suitable salaries shall be fixed in accordance with the law for members of Shura (Parliament).
Article 54
Every member of Shura (Parliament) is entitled to express his views on the subject of debate in his House, in accordance with the Rules of Procedure.
Article 55
The two Houses meet separately but at the same time. The Meshrano Jirgah (House of the Elders) can hold extraordinary sessions to study the budget proposals of the State during the time when the Wolesi Jirgah (House of the People) is adjourned. A joint session of the two Houses of Shura (Parliament) is held when the King inaugurates the new Shura (Parliament) or addresses the annual sessions of the Shura (Parliament).
Article 56
The members of the Government may attend the meetings of both Houses of Shura (Parliament). Each House may demand the presence of the Head or members of the Government at its meetings.
Article 57
Debates in both Houses are open except when the Government, the President of the House or at least ten members request a secret session, and the House grants its approval. The House can, with a two-thirds majority of the members, convert secret proceedings into open debate.
The proceedings of both Houses of Shura (Parliament) are recorded.
Nobody may enter the meeting place of the Shura (Parliament) by force. Violators shall be punished according to the law.
Article 58
Except in cases clearly defined in this Constitution decisions in each House shall be made by a majority vote of the members present.
Article 59
Each House of Shura (Parliament) holds one ordinary session per year, which opens on the 22nd of Meezan. The number of annual sessions can be increased by law. In such cases the law shall regulate the opening date of the session and its duration.
The working period of each House of Shura (Parliament) is seven months per year. This period may be extended by each House according to the requirements of its business.
During the recess period, an extraordinary session of Shura (Parliament) may be summoned by the King; or on a request by the government, the President of one of the Houses, or by one-fifth of its members.
The extraordinary session of Shura (Parliament) ends by a Royal Decree issued after consultation with the Presidents of both Houses.
Article 60
The President of the Meshrano Jirgah (House of the Elders) is appointed from amongst its members by the King.
Wolesi Jirgah (House of the People) elects one of its members as President of the House.
Each House elects from amongst its members one First Deputy President, one Second Deputy President, one Secretary and one Deputy Secretary. The above mentioned persons constitute the Executive Council of the house.
The Executive Council of the Wolesi Jirgah (House of the People) is elected at the opening of the legislative term while the VicePresidents, Secretary and Deputy Secretary of the Meshrano Jirgah (House of the Elders) are elected for one year at the beginning of each annual session.
The President of each House conducts debates in the House concerned and adopts necessary measures for the maintenance of law and order on the premises of the House. Other duties of the President are defined in the Rules of Procedure for the House. In the absence of the President, the First Deputy President, and in the absence of the First Deputy President, the Second Deputy President officiates as President.
The Secretary of the House records the proceedings of the House and supervises the functions of its Secretariat. In the absence of the Secretary the Deputy Secretary discharges the duties of the Secretary.
Article 61
Each House appoints, in accordance with its Rules of Procedure, committees for making thorough and detailed study of the subjects under consideration.
Article 62
Each House formulates its own Rules of Procedure.
Article 63
The Shura (Parliament) may be dissolved by order of the King. The dissolution of the Shura (Parliament) is imperative under the conditions described in Article 121.
Article 64
The Shura (Parliament) legislates for organizing the affairs of the country in accordance with the provisions of this constitution.
There shall be no law repugnant to the basic principles of the sacred religion of Islam and the other values embodied in this Constitution.
The ratification of international treaties, the dispatch abroad of detachments of Afghan armed forces, the grant of concessions important to the national economy including monopolies, and the authorization to issue money and obtain loans are within the competence of the Shura (Parliament). Concessions which are to be ratified by the Shura (Parliament) shall be defined by the law.
Article 65
The Government is responsible to the Wolesi Jirgah (House of the People).
Article 66
The members of the Wolesi Jirgah (House of the People) may put questions to the Government. Debate on the Government explanation depends upon the decision of the House.
Article 67
The members’ of the Shura (Parliament) may ask questions from the Prime Minister or the Ministers about specific subjects.
Persons thus asked are bound to furnish a verbal or written answer. This answer shall not be made subject of debate.
Article 68
The Wolesi Jirgah (House of the People) is competent to appoint, on proposal from one-third of its members, an Enquiry Commission to investigate and study the conduct of the Government and the actions of the administration. The composition of the Enquiry Commission and its method of functioning shall be defined in the Rules of Procedure of the House.
Article 69
Excepting the conditions for which specific provisions have been made in this Constitution, a law is a resolution passed by both Houses, and signed by the King. In the area where no such law exists, the provisions of the Hanafi Jurisprudence of the Shariat of Islam shall be considered as law.
Article 70
A legislative bill may be introduced to the Shura (Parliament) by the government or the members of the Shura (Parliament). Bills relating to Judicial administration may also be introduced by the Supreme Court. Bills relating to budgetary and financial legislation may only originate from the Government.
Article 71
A legislative bill may be introduced to either of the two Houses by the Government or the Supreme Court.
Article 72
When a bill is introduced by members of one of the two Houses, it is placed on the Agenda of the House only after it is supported by at least ten members of the House concerned.
A bill which involves new financial commitments or a reduction in state revenue may be placed on the agenda of either House on condition that the bill provides for the sources of financing for the compensation of the loss.
This provision does not apply to bills introduced by the Supreme Court.
Article 73
When a bill is placed on the agenda of either of the two Houses, it is first referred to the committee concerned, and after it has been commented upon by the committee, the bill is read in the House along with the comments of the committee, and debated upon, followed by voting on each article. After this the draft is read for the second time and put before the house for rejection or approval as a whole.
Article 74
When an enactment of one House is rejected by the other, a joint committee consisting of an equal number of members from both Houses is set up, in accordance with the provisions of the law, to settle the differences. The verdict of the committee becomes effective after it receives the Royal Assent. When the joint committee fails to resolve the differences, the enactment is considered invalid. If the enactment is from the Wolesi Jirgah (House of the People), it may be approved again by a majority of votes during the next term of legislation. The enactment, without reference to the Meshrano Jirgah (House of the Elders) then becomes law after it is signed by the King.
When the differences between the two Houses of the Shura (Parliament) relate to Financial bills and are not resolved by the joint committee, the Wolesi Jirgah (House of the People) may move the bill again in the following session and approve it by a majority vote. This enactment, without reference to the Meshrano Jirgah (House of the Elders), becomes law after it is signed by the King.
Article 75
The State budget is presented to the Wolesi Jirgah (House of the People) through the Meshrano Jirgah (House of the Elders) together with their advisory comments.
The President of the Wolesi Jirgah (House of the People) refers the budget proposal, along with the comments of the Mesharano Jirgah, to the committee concerned. Afterwards, the budget proposal, together with the comments of the Mesharano Jirgah (House of the Elders) and of the committee concerned, are presented to the House for consideration and decision. This decision is not submitted to the Meshrano Jirgah (House of the Elders) and become effective after it is signed by the King. This provision also applies to discussions on the development plans of the Government in the Wolesi Jirgah (House of the People).
Whenever for any reason the passage of the budget does not materialize before the beginning of the new fiscal year, the budget of the previous year is applicable until the new budget is adopted.
The Government is bound to submit to the Wolesi Jirgah (House of the People) final accounts of the budget of the previous year at least one month before the submission of the new budget.
Article 76
When the Meshrano Jirgah (House of the Elders) does not give its decision on an enactment referred to it by the Wolesi Jirgah (House of the People), within six months from the date of its receipt, the enactment is considered to have been adopted. In calculating this time, the period of adjournment is not taken into account.
Article 77
During adjournment or dissolution of the Shura (Parliament) the government may formulate ordinances for regulating urgent matters in respect to paragraph one of Article 64. These ordinances shall become law after being signed by the King. The ordinances shall be submitted to the Shura (Parliament) within thirty days of the first meeting of the Shura (Parliament). If rejected the ordinances shall become invalid.
