Title IX. State of Emergency
Article 113
Whenever the preservation of independence and the continuance of national life become impossible through the channels provided for in this Constitution due to war, danger of war, serious disturbances, or similar conditions which endanger the country, a state of emergency shall be declared by the King.
Should a state of emergency continue for more than three months, the concurrence of the Loya Jirgah (Great Council) is imperative for its extension.
Article 114
In a state of emergency, the King may transfer all or part of the powers of Shura (Parliament) to the Government.
Article 115
In a state of emergency, the Government, after obtaining the concurrence of the Supreme Court, may, by ordinances, suspend or impose restrictions upon the following provisions of this Constitution:
- Section one of Article 28.
- Section three of Article 29.
- Section two of Article 30.
- Section one of Article 32.
- Section one of Article 33.
Article 116
The King may, in a state of emergency, transfer the capital temporarily from the city of Kabul to another place.
Article 117
Should the legislative term of the Wolesi Jirgah (House of the People) or the term of office of a part of the members of the Meshrano Jirgah (House of the Elders) come to an end during the state of emergency, the king may postpone the holding of new elections and extend the legislative term of the Wolesi Jirgah (House of the People) or the term of office of the said members of the Meshrano Jirgah (House of the elders), until the state of emergency comes to an end. Elections shall be held immediately after the termination of the State of emergency.
Article 118
The Constitution shall not be amended during a state of emergency.
Article 119
At the end of a state of emergency, the measures adopted under Article 115 become immediately invalid.
Measures adopted by the government in accordance with the provisions of Article 114 shall be submitted to the Shura (Parliament) within one month from the date of its first meeting following the end of the state of emergency. These measures become null and void if the Shura (Parliament) rejects them.
Whenever during a state of emergency a Government has been formed which has not obtained a vote of confidence from the Wolesi Jirgah (House of the people) under the provision of Article 114, a motion for a vote of confidence shall be put immediately before the Wolesi Jirgah (House of the people) after the end of the state of emergency, for debate and decision thereon.
