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Constitution of Afghanistan – 9: State of Emergency

Chapter Nine: State of Emergency

Article 143
If because of war, threat of war, serious rebellion, natural disasters or similar conditions, protection of independence and national life become impossible through the channels specified in this Constitution, the state of emergency shall be proclaimed by the President, throughout the country or part thereof, with endorsement of the National Assembly. If the state of emergency continues for more than two months, the consent of the National Assembly shall be required for its extension.

Article 144
During the state of emergency, the President can, in consultation with the presidents of the National Assembly as well as the Chief Justice of the Supreme Court, transfer some powers of the National Assembly to the government.

Article 145
During the state of emergency, the President can, after approval by the presidents of the National Assembly as well as the Chief Justice of the Supreme Court, suspend the enforcement of the following provisions or place restrictions on them:

  • Clause Two of Article Twenty-Seven;
  • Article Thirty-Six;
  • Clause Two of Article Thirty-Seven;
  • Clause Two of Article Thirty-Eight.

Article 146
The Constitution shall not be amended during the state of emergency.

Article 147
If the presidential term or the legislative term of the National Assembly expires during the state of emergency, the new general elections shall be postponed, and the presidential as well as parliamentary terms shall extend up to four months. If the state of emergency continues for more than four months, the President shall call the Loya Jirga. Within two months after the termination of the state of emergency, elections shall be held.

Article 148
At the termination of the state of emergency, measures adopted under Article One Hundred Forty-Four and One Hundred Forty-Five of this Constitution shall be void immediately.

Next: Chapter 10- Amendments

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