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Constitution of Afghanistan – 4: Government

Chapter Four: 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 five 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 One Hundred Thirty Four 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.

Article 80
During their tour of duty, the Ministers shall not use their positions for linguistic, sectarian, tribal, religious or partisan purposes.

 

Next: Chapter 5- National Assembly

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