Afghanistan 2004 Constitution - Page 5 of 13

Table of Contents

Chapter IV. Government

Article 71

The Government shall be comprised of Ministers who work under the chairmanship of the President. The number of Ministers as well as their duties shall be regulated by law.

Article 72

The individual appointed as Minister shall have the following qualifications:

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;
Shall have higher education, work experience as well as a good reputation;
Shall not be less than thirty 5 years of age;
Shall not have been convicted of crimes against humanity, a criminal act or deprivation of civil rights by a court.

Article 73

The Ministers shall be appointed from amongst members of the National Assembly or outside. If a member of the National Assembly is appointed as Minister, that individual loses membership in the National Assembly and instead, another individual shall be appointed in accordance with the provisions of the law.

Article 74

Before assuming office, the Ministers shall take the following oath in the presence of the President:

“In the name of God, Most Gracious, Most Merciful, I swear in the name of God Almighty that I shall protect the Holy religion of Islam, respect the Constitution and other laws of Afghanistan, safeguard the rights of citizens as well as independence, territorial integrity and the national unity of the people of Afghanistan, and, in all my deeds consider the Almighty’s presence, performing the entrusted duties honestly.”

Article 75

The Government shall have the following duties:

Execute the provisions of this Constitution, other laws, as well as the final decisions of the courts;
Preserve the independence, defend the territorial integrity and safeguard the interests and prestige of Afghanistan in the international community;
Maintain public law and order and eliminate every kind of administrative corruption;
Prepare the budget, regulate financial conditions of the state as well as protect public wealth;
Devise and implement social, cultural, economic and technological development programs;
Report to the National Assembly, at the end of the fiscal year, about the tasks achieved as well as important programs for the new fiscal year;
Perform other duties that, in accordance with this Constitution and other laws, fall within the Government responsibilities.

Article 76

To implement the fundamental lines of the policy of the country and regulate its duties, the government shall devise as well as approve regulations, which shall not be contrary to the body or spirit of any law.

Article 77

The Ministers shall perform their duties as heads of administrative units within the framework of this Constitution as well as other laws prescribe. The Ministers shall be responsible to the President and House of Representatives for their specified duties.

Article 78

If a Minister is accused of crimes against humanity, national treason or other crimes, the case, in accordance with Article 134 of this Constitution, shall be submitted to a special court.

Article 79

During the recess of the House of Representatives, the Government shall, in case of an immediate need, issue legislative decrees, except in matters related to budget and financial affairs. Legislative decrees, after endorsement by the President, shall acquire the force of law. Legislative decrees shall be presented to the National Assembly within thirty days of convening its first session, and if rejected by the National Assembly, they become void.