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Constitution of Afghanistan – 12: Transitional Provisions

Chapter Twelve: Transitional Provisions

Article 158
The title of the Father of the Nation and privileges bestowed upon His Majesty Mohammad Zahir Shah, the former King of Afghanistan, by the Emergency Loya Jirga of one thousand three hundred and eighty one (HS), (2002), with due respect to provisions of this Constitution, shall be preserved during his lifetime.

Article 159
The interim period between the adoption of the Constitution and the inauguration of the National Assembly shall be considered the transition period.

The Islamic Transitional Government of Afghanistan, during the transitional period, shall perform the following duties:

  • Issuing legislative decrees related to elections of the President, National Assembly as well as local councils within six months;
  • Issuing decrees regarding the organization and authority of courts as well as the commencement of work on fundamental organizations law in less than one year;
  • Establishing the Independent Elections Commission;
  • Completing necessary reforms to better regulate executive as well as judicial affairs;
  • Adopting necessary measures to prepare the ground for implementing provisions of the Constitution.

Article 160
The first President-Elect shall, according to provisions of this Constitution, commence work thirty days after election results are declared. Multilateral efforts shall be made to hold presidential as well as National Assembly elections concurrently and simultaneously. Pending the establishment of the National Assembly, its powers, enshrined in this Constitution, shall be submitted to the government, and the interim Supreme Court shall be established by presidential decree.

Article 161
Immediately after inauguration, the National Assembly shall exercise its powers in accordance with the provisions of this Constitution. After inauguration of the first session of the National Assembly, within thirty days, the government as well as the Supreme Court shall be inaugurated in accordance with the provisions of the Constitution. The President of the Islamic Transitional Government of Afghanistan shall perform his duties until the inauguration of the President-Elect. The executive and judicial organs of the state, in accordance with Clause Four of Article One Hundred Fifty-Nine of this Constitution, shall continue with their duties pending the formation of the government as well as the Supreme Court. Legislative decrees enforced from the beginning of the interim period shall be referred to the first session of the National Assembly. These decrees shall be enforceable unless annulled by the National Assembly.

Article 162
This Constitution shall be enforced from the date of approval by the Loya Jirga, and endorsed and proclaimed by the President of the Islamic Transitional Government of Afghanistan. Upon the enforcement of this Constitution, laws and legislative decrees contrary to its provisions shall be invalid.

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