Title VI. The Government
Article 85
The Government of Afghanistan consists of the Prime Minister and the Ministers. The Prime Minister is the Head and the Ministers are the members of the government. The number of Ministers and their functions shall be regulated by law.
Article 86
Any person who, in accordance with the provisions of this Constitution, is eligible for election to the Wolesi Jirgah (House of the People) may be appointed as the Head or member of the Government.
The Head of the Government shall be an Afghan by birth. The Head and members of the Government may be appointed from the members of the Shura (Parliament) or outside of it. Any member of the Shura (Parliament) appointed as the Head or a member of the Government shall cease to be a member of the Shura (Parliament).
Article 87
The Prime Minister and the Ministers cannot engage in any other profession during their tenure of office.
Article 88
Suitable salaries shall be fixed by law for the Head and members of the Government.
Article 89
The Government shall be formed by the person designated as Prime Minister by the King. The members and policy of the Government are presented by the Prime Minister to the Wolesi Jirgah (House of the People), which, after debate, resolves on a vote of confidence in the Government. When the vote of confidence is given, the King issues a Royal decree appointing the Head and members of the Government.
Afterwards the Prime Minister acquaints the Meshrano Jirgah (House of the Elders) with the policy of the Government.
Article 90
Whenever a Government falls because of the death or resignation of the Prime Minister during the dissolution of the Shura (Parliament), a new Government shall be appointed by a Royal decree. The Prime Minister shall introduce the members of the government and its policy to the Wolesi Jirgah (House of the People) at the opening of the new term of Shura (Parliament) and shall ask for a vote of confidence.
Article 91
The Government falls in the following circumstances
- On the Prime Minister’s resignation or death.
- On a vote of no-confidence against the Government by the Wolesi Jirgah (House of the People).
- On the charge of high treason against the Head or all members of the Government, as stipulated in Article 93.
- On the dissolution of the Shura (Parliament).
- On the termination of the legislative term.
In the last two cases, the Government shall cease to exist with the first meeting of the new Wolesi Jirgah (House of the People).
In the case of resignation of the Prime Minister, the Government ceases to exist after the acceptance of the resignation by the King.
In the event of the Prime Minister’s death, one of the Ministers, on orders from the King, discharges the duties of Prime Minister until a new Government is formed.
When the Government falls due to the allegation of high treason, under the provision of Article 93, the person appointed by the King as the Prime Minister can continue his duties without receiving a vote of confidence until the first meeting of the Wolesi Jirgah (House of the People) following the decision of the Loya Jirgah (Great Council) on the allegation.
In all other cases the outgoing government shall continue in office until a new Government is formed.
Article 92
The vote of no-confidence against the Government shall be specific and direct. In the two legislative terms following the promulgation of this Constitution, a vote of no-confidence against the Government shall be by a two-thirds majority of the Wolesi Jirgah (House of the People) and for governments after that period, by a majority vote of the members.
Article 93
When more than one-third of the members of the Wolesi Jirgah (House of the people) demand the impeachment of the Prime Minster or of a majority of the members of the Government on a charge of the high treason, and the Wolesi Jirgah (House of the People) approves this demand by a two-thirds majority of the members, the Government falls and a meeting of the Loya Jirgah (Great Council) is called to appoint an Enquiry Commission. If after studying the report of the Commission, the Loya Jirgah (Great Council) decides by a two-thirds majority vote of the members that prosecution is necessary, it commissions a member of the Wolesi Jirgah (House of the People) to file a suit against the accused in the Supreme Court.
The above provision shall also apply to one or a few Ministers numbering less than half who are accused of high treason. As a result of the accusation, the accused shall be relieved of his duties but the government shall not fall.
Article 94
Implementation of the provisions of this Constitution and all the laws, enforcement of the final judgements of the courts, adoption of necessary measures for the maintenance of public order and security, regulation of financial affairs of the State, protection of public property, development of the social, cultural and economic condition of the people, preservation of independence, defence of territorial integrity and protection of the interests and prestige of Afghanistan in the international community are the duties of the government.
To regulate its functions, the government shall make Regulations based on laws. No Regulation shall be repugnant to the letter or spirit of any law.
Article 95
The Council of Ministers lays down the basic lines of the policy of the government and approves those regulations which are within the competence of the government.
The Prime Minister presides over the Council of Ministers, directs and guides the activities of the Government and secures coordination in its work.
The Prime Minister is also responsible for maintaining liaison between the Government, on the one side, and the King and the Shura (Parliament) on the other side.
The Ministers discharge their duties, as heads of the administrative units, and as members of the Government, under the order and guidance of the Prime Minister within the limitations established by this Constitution and the laws.
Article 96
The Prime Minister and the Ministers are collectively responsible to the Wolesi Jirgah (House of the People) for the general policy of the Government, and individually for their prescribed duties.
The Prime Minister and the Ministers are also responsible for those actions of the Government concerning which they obtain a Royal decree, in accordance with the provisions of this Constitution.
