Chapter 3. THE MAJLISI OLI
Article 48
The Majlisi Oli – the Parliament of the Republic of Tajikistan – is the highest representative and legislative organ of the Republic of Tajikistan.
The Majlisi Oli consists of two Majlisis (assemblies) – the Majlisi Milli and the Majlisi Namoyandagon.
The term of the Majlisi Milli and the Majlisi Namoyandagon is five years. The powers of the Majlisi Milli and the Majlisi Namoyandagon are terminated on the day on which the activity of the Majlisi Milli and the Majlisi Namoyandagon of the new convocation begins.
The organization and activity of the Majlisi Oli are determined by a constitutional law.
Article 49
The Majlisi Namoyandagon is elected on the basis of universal, equal, and direct suffrage by secret ballot. The Majlisi Namoyandagon functions on a constant and professional basis. Only a person not younger than 30 years old, having only the citizenship of the Republic of Tajikistan and a University Degree shall be elected as a deputy of Majlisi Namoyandagon.
Three quarters of the members of the Majlisi Milli are elected indirectly by way of secret ballot at joint assemblies of people’s deputies of the Gorno-Badakhshan Autonomous Oblast and its cities and rayons, oblasts and their cities and rayons, the city of Dushanbe and its rayons, cities and rayons of republican subordination (jointly). In the Majlisi Milli, the Gorno-Badakhshan Autonomous Oblast, oblasts, the city of Dushanbe, [and] cities and rayons of republican subordination have an equal number of representatives.
One quarter of the members of the Majlisi Milli is appointed by the President of the Republic of Tajikistan.
The Majlisi Milli functions on a convocational basis.
A person not younger than 30 years old, having only the citizenship of the Republic of Tajikistan and a University Degree shall be elected as a member of Majlisi Milli.
Every former President of the Republic of Tajikistan is a lifetime member of the Majlisi Milli unless he declines to exercise this right.
A member of Majlisi Milli and a deputy of Majlisi Namoyandagon after being appointed or elected takes an oath before the people of Tajikistan at a session of Majlisi Milli and Majlisi Namoyandagon.
The number of members of Majlisi Milli and deputies of Majlisi Namoyandagon, the procedure of their election or appointment shall be determined by the constitutional law.
Article 50
Members of the Government, judges, officers of law enforcement organs, military personnel and other persons provided by a constitutional law may not become members of the Majlisi Milli.
A citizen may not simultaneously be a member of the Majlisi Milli and a deputy of the Majlisi Namoyandagon. A member of the Majlisi Milli may not be a deputy in more than two representative organs.
A deputy of the Majlisi Namoyandagon may not be a deputy of another representative organ, hold another office, [or] engage in entrepreneurial activity except for scientific, creative, and educational [activity].
Article 51
A member of the Majlisi Milli and a deputy of the Majlisi Namoyandagon are independent of the will of the electorate [and] have the right to freely express their opinion and to vote according to their conviction.
A member of the Majlisi Milli and a deputy of the Majlisi Namoyandagon have the right to immunity; he may not be arrested, detained, taken into custody, [and] searched, except in cases of detainment at a scene of a crime.
A member of the Majlisi Milli and a deputy of the Majlisi Namoyandagon may not be subjected to a personal search except in cases provided for by law in order to ensure safety of other people. Issues regarding the deprivation of a member of the Majlisi Milli and a deputy of the Majlisi Namoyandagon of their immunity are resolved by the corresponding Majlisi upon a presentation of the General Procurator. The powers of a member of the Majlisi Milli and a deputy of the Majlisi Namoyandagon are terminated in case of their death, submission of resignation, pronouncement of legal incapacity by a court, entry into legal force of a guilty court verdict, loss of citizenship, acquiring the citizenship of another country, leave to permanently reside outside the borders of the Republic, occupation of a post incompatible with the status of a member of the Majlisi Milli, [and] the dissolution of the Majlisi Milli and the Majlisi Namoyandagon.
The legal status of a member of the Majlisi Milli and a deputy of the Majlisi Namoyandagon is determined by constitutional law.
Article 52
The first session of the Majlisi Milli and the Majlisi Namoyandagon is convened by the President of the Republic of Tajikistan within one month of elections.
The first session of the Majlisi Milli and the Majlisi Namoyandagon is opened a by the eldest member or deputy, and [he] leads [the session] until the election of the Chairmen of the Majlisis.
The activity of the Majlisi Milli is conducted in the form of sessions. A session of the Majlisi Milli is convened by the Chairman of the Majlisi Milli at least four times a year.
The activity of the Majlisi Namoyandagon is conducted in the form of sessions. Regular session of the Majlisi Namoyandagon is held once a year from the first working day of October until the last working day of June.
During the period between the sessions of the Majlisi Milli and the Majlisi Namoyandagon, the President of the Republic of Tajikistan may convene extraordinary sessions if necessary. At these sessions, only issues that were the basis for the convocation of these sessions are considered.
Article 53
The Majlisi Milli and the Majlisi Namoyandagon elect from among their members and deputies the Chairmen of the Majlisis, their first deputies, and deputies. One of the Deputy Chairmen of the Majlisi Milli is elected from among the representatives of the Gorno-Badakhshan Autonomous Oblast.
The Chairman of the Majlisi Milli and the Chairman of the Majlisi Namoyandagon are elected by secret ballot by a majority of all their members or deputies. The procedures for electing the Deputy Chairmen of the Majlisi Milli and the Majlisi Namoyandagon are determined by the Rules of Procedure of the Majlisis.
The Chairmen of the Majlisi Milli and the Majlisi Namoyandagon are accountable to the corresponding Majlisis and may be recalled from office by two thirds of the votes of all the members or deputies.
The Chairmen of the Majlisi Milli and the Majlisi Namoyandagon, their first deputies, and deputies lead the sessions and resolve over corresponding issues.
The Majlisi Milli and the Majlisi Namoyandagon independently form their coordinating and working organs as well as create appropriate committees and commissions [and] hold parliamentary hearings on issues within their competence.
Coordinating organs of the Majlisi Milli and the Majlisi Namoyandagon conduct separate sessions.
The Majlisi Milli and the Majlisi Namoyandagon adopt their own Rules of Work.
Article 54
The Majlisi Milli and the Majlisi Namoyandagon conduct sessions separately.
Sessions of the Majlisi Milli and the Majlisi Namoyandagon are empowered when no less than two thirds of all their members or deputies are present. Sessions of the Majlisi Milli and the Majlisi Namoyandagon are public. In cases provided by law and the Rules of Procedure of the Majlisi Milli and the Majlisi Namoyandagon, closed sessions may also be held.
The Majlisi Milli and the Majlisi Namoyandagon conduct joint sessions in cases provided by the Constitution.
Article 55
Powers of the Majlisi Milli and the Majlisi Namoyandagon while conducting joint sessions:
- Approval of presidential decrees on appointment and dismissal of the Prime Minster and other members of the Government;
- Approval of the presidential decree on declaration of martial law and state of emergency;
- Consent to using the Armed Forces of the Republic of Tajikistan outside its borders in order to fulfill international obligations of Tajikistan;
- Calling presidential elections;
- Acceptance of the President’s resignation;
- Awarding the President with State prizes and conferring on him high military titles;
- Consideration of the issue of the immunity of the President.
The Majlisi Milli and the Majlisi Namoyandagon in joint sessions adopt resolutions regarding the [above] indicated issues. A joint resolution of the Majlisi Milli and the Majlisi Namoyandagon is adopted by a majority of votes of all the members of the Majlisi Milli and deputies of the Majlisi Namoyandagon, voting separately in each Majlisi unless a different procedure for adopting resolutions is established by the Constitution.
At a joint session of the Majlisi Milli and the Majlisi Namoyandagon, the President takes an oath and in his message determines the basic directions of the interior and foreign policy of the Republic.
Article 56
Powers of the Majlisi Milli:
- Creation, abolition and modification of administrative-territorial units;
- Election and recall of the Chairman, Deputy Chairmen, and judges of the Constitutional Court, the Supreme Court, and the Highest Economic Court upon the presentation of the President;
- Decision on the issue of immunity deprivation of the Chairman, Deputy Chairmen, and judges of the Constitutional Court, Supreme Court and Highest Economic Court;
- Giving consent to the appointment and dismissal of the General Procurator and his deputies;
- Exercising other powers determined by the Constitution and law.
The Majlisi Milli adopts resolutions regarding the [above] indicated issues within the limits of its powers. Resolutions of the Majlisi Milli are adopted by a majority vote of all its members unless a different procedure for adopting resolutions is established by the Constitution.
Article 57
Powers of the Majlisi Namoyandagon:
- Creation of the Central Commission for Elections and Referenda of the Republic Tajikistan, election and recall of the Chairman, Deputy Chairman, and members of the commission upon the presentation of the President;
- Submission of bills and other important State and public issues for nation-wide debate;
- Approval of socio-economic programs;
- Authorization of disbursement and receipt of State credit;
- Ratification and denouncement of international treaties;
- Calling of a referendum;
- Creation of courts;
- Approval of State symbols;
- Approval of State awards;
- Approval of Presidential decrees on appointment and dismissal of the Chairman of the National Bank and his deputies;
- Establishing of military titles, diplomatic ranks, and other special ranks and titles;
- Establishing of the President’s salary;
- Exercising other powers determined by the Constitution and law.
The Majlisi Namoyandagon adopts resolutions on considered issues within the limits of its powers. Resolutions of the Majlisi Namoyandagon are adopted by a majority vote of all its deputies unless a different procedure for adopting resolutions is established by the Constitution.
Leaders of foreign countries may address a session of the Majlisi Namoyandagon.
Article 58
The right of legislative initiative belongs to a member of the Majlisi Milli, deputy of the Majlisi Namoyandagon, the President of the Republic of Tajikistan, the Government of Tajikistan, [and] the Majlisi of People’s Deputies of the Gorno-Badakhshan Autonomous Oblast.
Article 59
Bills are introduced to the Majlisi Namoyandagon.
Amnesty bills are introduced to the Majlisi Namoyandagon by the President of the Republic of Tajikistan.
Budget bills and bills establishing and abolishing taxes are introduced to the Majlisi Namoyandagon by the Government of the Republic of Tajikistan.
Article 60
Laws are adopted by the Majlisi Namoyandagon. A law is adopted by a majority vote of all the deputies unless a different procedure is provided by the Constitution.
Laws adopted by the Majlisi Namoyandagon, except for the laws on the State budget and amnesty , are presented to the Majlisi Milli.
A law is considered approved by the Majlisi Milli if a majority of all its members voted in favor of it. In case of rejection of a law by the Majlisi Milli, the law is subject to reconsideration by the Majlisi Namoyandagon.
In case of disagreement of the Majlisi Namoyandagon with the decision of the Majlisi Milli, a law is considered adopted if no less than two thirds of all the deputies of the Majlisi Namoyandagon voted for it a second time.
The laws on the State budget and amnesty are adopted only by the Majlisi Namoyandagon. The Majlisi Namoyandagon exercises control over the execution of the State budget.
Article 61
Constitutional laws are adopted concerning matters provided by the Constitution. Constitutional laws are adopted by no less than two thirds of the votes of all the deputies of the Majlisi Namoyandagon and approved by no less than two thirds of the votes of all the members of the Majlisi Milli.
In case of disagreement of the Majlisi Namoyandagon with the decision of the Majlisi Milli, a constitutional law is considered adopted if no less than two thirds of all the deputies of the Majlisi Namoyandagon voted for it a second time.
In accordance with the indicated procedure constitutional interpretation shall be adopted and approved in the form of constitutional law by Majlisi Namoyandagon.
Article 62
Laws are presented to the President of the Republic of Tajikistan for signature and promulgation. If the President does not agree with a law or its part, he returns it within fifteen days to the Majlisi Namoyandagon with his objections. The Majlisi Milli and the Majlisi Namoyandagon reconsider the given law according to the procedure established by the Constitution. If during the reconsideration the law is approved in the earlier adopted wording by a majority of no less than two thirds of all the members of the Majlisi Milli and the deputies of the Majlisi Namoyandagon, the President shall sign the law and promulgate it within 10 days.
During reconsideration of a law returned by the President previously adopted by the Majlisi Namoyandagon by two thirds of the votes, the Majlisi Milli and the Majlisi Namoyandagon approve the law again by a majority of no less than two thirds of the votes.
If the President returns a constitutional law, the Majlisi Namoyandagon and the Majlisi Milli reconsider the given law according to the procedure established by the Constitution. If during the reconsideration the constitutional law is approved in the earlier adopted wording by a majority of no less than two thirds of all the members of the Majlisi Milli and deputies of the Majlisi Namoyandagon, the President shall sign the law and promulgate it within 10 days.
Article 63
The Majlisi Milli and the Majlisi Namoyandagon in a joint session may dissolve themselves prematurely with the support of no less than two thirds of the members of the Majlisi Milli and deputies of the Majlisi Namoyandagon.
The Majlisi Milli and the Majlisi Namoyandagon may not be dissolved during the state of emergency and martial law.
