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Constitution:
In the name of Allah, the Beneficent,
the Merciful, We, ABDULLAH AL-SALIM AL-SABAH AMIR of the State of Kuwait, Being
desirous of consummating the means of democratic rule for our dear Country; and,
Having faith in the role of this Country in the furtherance of Arab nationalism
and the promotion of world peace and human civilization; and, Striving towards a
better future in which the Country enjoys greater prosperity and higher
international standing, and in which also the citizens are provided with more
political freedom, equality and social justice; a future which upholds the
traditions inherent in the Arab nature by enhancing the dignity of the
individual, safeguarding public interest, and applying consultative rule yet
maintaining the unity and stability of the Country; and, Having considered Law
Number I of 1962 concerning the system of Government during the period of
transition ; and, Upon the resolution of the Constituent Assembly :
Do hereby approve this Constitution and promulgate it.
Article 1
Kuwait is an independent sovereign Arab State. Neither its sovereignty nor any
part of its territory may be relinquished. The people of Kuwait are a part of
the Arab Nation.
Article 2
The religion of the State is Islam, and the Islamic Sharia shall be a main
source of legislation.
Article 3
The official language of the State is Arabic.
Article 4
Kuwait is a hereditary Emirate, the succession to which shall be in the
descendants of the late Mubarak Al-Sabah. The Heir Apparent shall be designated
within one year, at the latest, from the date of accession of the Amir. His
designation shall be effected by an Amiri Order upon the nomination of the Amir
and the approval of the National Assembly which shall be signified by a majority
vote of its members in a special sitting. In case no designation is achieved in
accordance with the foregoing procedure, the Amir shall nominate at least three
of the descendants of the late Mubarak al-Sabah of whom the National Assembly
shall pledge allegiance to one as Heir Apparent. The Heir Apparent shall have
attained his majority, be of sound mind and a legitimate son of Muslim
parents. A special law promulgated within one year from the date of coming into
force of this Constitution shall lay down the other rules of succession in the
Emirate. The said law shall be of a constitutional nature and therefore shall be
capable of amendment only by the procedure prescribed for amendment of the
Constitution.
 
Article 5
The flag, emblem, badges, decorations and National Anthem of the State shall be
specified by law.
Article 6
The System of Government in Kuwait shall be democratic, under which sovereignty
resides in the people, the source of all powers. Sovereignty shall be exercised
in the manner specified in this Constitution.
Article 7
Justice, Liberty and Equality are the pillars of Society; co-operation and
mutual help are the firmest bonds between citizens.
Article 8
The State safeguards the pillars of Society and ensures security, tranquility
and equal opportunities for citizens.
Article 9
The family is the corner-stone of Society. It is founded on religion, morality
and patriotism. Law shall preserve the integrity of the family, strengthen its
ties and protect under its auspices motherhood and childhood.
Article 10
The State cares for the young and protects them from exploitation and from
moral, physical and spiritual neglect.
Article 11
The State ensures aid for citizens in old age, sickness or inability to work. It
also provides them with services of social security, social aid and medical
care.
Article 12
The State safeguards the heritage of Islam and of the Arabs and contributes to
the furtherance of human civilization.
Article 13
Education is a fundamental requisite for the progress of society, assured and
promoted by the State.
Article 14
The State shall promote science, letters and the arts and encourage scientific
research therein.
Article 15
The State cares for Public health and for means of prevention and treatment of
diseases and epidemics.
Article 16
Property, capital and work are fundamental constituents of the social structure
of the State and of the national wealth. They are all individual rights with a
social function as regulated by law.
Article 17
Public property is inviolable and its protection is the duty of every citizen.
Article 18
Private property is inviolable. No one shall be prevented from disposing of his
property except within the limits of law. No property shall be expropriated
except for the public benefit in the circumstances and manner specified by law,
and on condition that just compensation is paid. Inheritance is a right governed
by the Islamic Sharia.
Article 19
General confiscation of the property of any person shall be
prohibited.Confiscation of particular property as a penalty may not be inflicted
except by a court judgment in the circumstances specified by law.
Article 20
The national economy shall be based on social justice. It is founded on fair
co-operation between public and private activities. Its aim shall be economic
development, increase of productivity, improvement of the standard of living and
achievement of prosperity for citizens, all within the limits of law.
Article 21
Natural resources and all revenues therefore are the property of the State. It
shall ensure their preservation and proper exploitation due regard being given
to the requirements of State security and the national economy.
Article 22
Relations between employers and employees and between landlords and tenants
shall be regulated by law on economic principles, due regard being given to the
rules of social justice.
Article 23
The State shall encourage both co-operative activities and savings, and
supervise the system of credit.
Article 24
Social justice shall be the basis of taxes and public imposts.
Article 25
The State shall ensure the solidarity of society in shouldering burdens
resulting from public disasters and calamities and provide compensation for war
damages or injuries received by any person as a result of the discharge of his
military duties.
Article 26
Public office is a national service entrusted to those who hold it. Public
officials, in the exercise of their duties, shall aim at the public
interest.Aliens may not hold public offices except in the cases specified by
law.
Article 27
Kuwaiti nationality shall be defined by law. No deprivation or withdrawal of
nationality may be effected except within the limits prescribed by law.
Article 28
No Kuwaiti may be deported from Kuwait or prevented from returning thereto.
Article 29
All people are equal in human dignity, and in public rights and duties before
the law, without distinction as to race, origin, language or religion.
Article 30
Personal liberty is guaranteed.
Article 31
No person shall be arrested, detained, searched or compelled to reside in a
specified place, nor shall the residence of any person or his liberty to choose
his place of residence or his liberty of movement be restricted, except in
accordance with the provisions of law.No person shall be subjected to torture or
to degrading treatment.
Article 32
No crime and no penalty may be established except by virtue of law, and no
penalty may be imposed except for offences committed after the relevant law has
come into force.
Article 33
Penalty is personal.
Article 34
An accused person is presumed innocent until proven guilty in a legal trial at
which the necessary guarantees for the exercise of the right of defense are
secured. The infliction of physical or moral injury on an accused person is
prohibited.
Article 35
Freedom of belief is absolute. The State protects the freedom of Practicing
religion in accordance with established customs, provided that it does not
conflict with public policy or morals.
Article 36
Freedom of opinion and of scientific research shall be guaranteed. Every person
shall have the right to express and propagate his opinion verbally, in writing
or otherwise, in accordance with the conditions and procedures specified by law.
Article 37
Freedom of the press, printing and publishing shall be guaranteed in accordance
with the conditions and manner specified by law.
Article 38
Places of residence shall be inviolable. They may not be entered without the
permission of their occupants except in the circumstances and manner specified
by law.
Article 39
Freedom of communication by post, telegraph and telephone and the secrecy
thereof shall be guaranteed; accordingly censorship of communications and
disclosure of their contents shall not be permitted except in the circumstances
and manner specified by law.
Article 40
Education is a right for Kuwaitis, guaranteed by the State in accordance with
law and within the limits of public policy and morals. Education in its
preliminary stages shall be compulsory and free in accordance with law.
Law shall lay down the necessary plan to eliminate
illiteracy.
The State shall devote particular care to the physical, moral
and mental development of youth.
Article 41
Every Kuwaiti has the right to work and to choose the type of his work.
Work is a duty of every citizen necessitated by personal
dignity and public good. The State shall endeavor to make it available to
citizens and to make its terms equitable.
Article 42
There shall be no forced labour except in the cases specified by law for
national emergency and with just remuneration.
Article 43
Freedom to form associations and unions on a national basis and by peaceful
means shall be guaranteed in accordance with the conditions and manner specified
by law. No one may be compelled to join any association or union.
Article 44
Individuals shall have the right of private assembly without permission or prior
notification, and the police may not attend such private meetings.
Public meetings, processions and gatherings shall be
permitted in accordance with the conditions and manner specified by law,
provided that their purpose and means are peaceful and not contrary to morals.
Article 45
Every individual shall have the right to address the public authorities in
writing over his signature. Only constituted organizations and bodies corporate
shall have the right to address the authorities collectively.
Article 46
Extradition of political refugees is prohibited.
Article 47
National defence is a sacred duty, and military service is an honour for
citizens which shall be regulated by law.
Article 48
Payment of taxes and public imposts is a duty in accordance with law which shall
regulate exemption of small incomes from taxes in such a way as to maintain the
minimum standard of living.
Article 49
Observance of public order and respect for public morals are a duty incumbent
upon all inhabitants of Kuwait.
Chapter I - General Provisions
Article 50
The system of Government is based on the principle of separation of powers
functioning in co-operation with each other in accordance with the provisions of
the Constitution. None of these powers may relinquish all or part of its
competence specified in this Constitution.
Article 51
Legislative power shall be vested in the Amir and the National Assembly in
accordance with the Constitution.
Article 52
Executive power shall be vested in the Amir, the Cabinet and the Ministers, in
the manner specified by the Constitution.
Article 53
Judicial power shall be vested in the Courts, which shall exercise it in the
name of the Amir within the limits of the Constitution.
Chapter II - The Head of State
Article 54
The Amir is the head of the State. His person shall be immune and inviolable.
Article 55
The Amir shall exercise his powers through his Ministers.
Article 56
The Amir shall, after the traditional consultations, appoint the Prime Minister
and relieve him of office. The Amir shall also appoint Ministers and relieve
them of office upon the recommendation of the Prime Minister.
Ministers shall be appointed from amongst the members of the
National Assembly and from others.
The number of Ministers in all shall not exceed one-third of
the number of the members of the National Assembly.
Article 57
The Cabinet shall be re-constituted in the manner specified in the preceding
Article at the beginning of every legislative term of the National Assembly.
Article 58
The Prime Minister and the Ministers shall be collectively responsible to the
Amir for the general policy of the State. Every Minister shall also be
individually responsible to the Amir for the affairs of his ministry.
Article 59
The Law referred to in Article 4 of this Constitution shall specify the
conditions under which the Amir shall exercise his constitutional powers.
Article 60
Before assuming his powers the Amir shall take the following oath at a special
sitting of the National Assembly:
"I swear by Almighty God to respect the Constitution and the
laws of the State, to defend the liberties, interests and properties of the
people and to safeguard the independence and territorial integrity of the
Country"
Article 61
In the event of his absence outside the Country and the inability of the Heir
Apparent to act as Deputy for him, the Amir shall appoint, by an Amiri Order, a
Deputy who shall exercise his powers during his absence. The said Amiri Order
may include a specified arrangement for the exercise of the said powers on
behalf of the Amir, or a limitation of their scope.
Article 62
The Amir’s Deputy shall satisfy the qualifications laid down in Article 82 of
this Constitution. If he is a Minister or a member of the National Assembly he
shall not take part in the ministerial functions or in the work of the Assembly
during the period he is acting as Deputy for the Amir.
Article 63
Before assuming his powers the Amir’s Deputy shall, at a special sitting of the
National Assembly, take the oath mentioned in Article 60 of this Constitution
with the following phrase added thereto:
"and be loyal to the Amir."
In case the National Assembly is not in session, the Oath
shall be taken before the Amir.
Article 64
The provisions of Article 131 of this Constitution shall apply to the Amir’s
Deputy.
Article 65
The Amir shall have the right to initiate, sanction and promulgate laws.
Promulgation of laws shall take place within thirty days from
the date of their submission by the National Assembly to the Amir. This period
shall be reduced to seven days in case of urgency. Such urgency shall be decided
upon by a majority vote of the members constituting the National Assembly.
Official holidays shall not be counted in computing the
promulgation period.
If the period of promulgation expires without the Head of
State demanding reconsideration, the bill shall be considered as having been
sanctioned and shall be promulgated.
Article 66
Reference of a bill for reconsideration shall be by a decree stating the grounds
therefore. If the National Assembly confirms the bill by a two-thirds majority
vote of its members the Amir shall sanction and promulgate the bill within
thirty days from its submission to him. If the bill does not receive the said
majority, it shall not be reconsidered during the same session. If the National
Assembly, in another session, confirms the same bill by a majority vote of its
members, the Amir shall sanction and promulgate the bill as law within thirty
days from its submission to him.
Article 67
The Amir is the Supreme Commander of the Armed Forces. He appoints and dismisses
officers in accordance with law.
Article 68
The Amir shall declare defensive war by decree. Offensive war is prohibited.
Article 69
The Amir shall proclaim Martial Law in the cases of necessity determined by law
and in accordance with the procedure specified therein. The proclamation of
Martial Law shall be by decree. Such decree shall be referred to the National
Assembly within the fifteen days following its issue, for a decision on the
future of Martial Law. If the proclamation takes place during the period the
National Assembly is dissolved it shall be referred to
the new Assembly at its first sitting.
Martial Law may not continue unless a decision to that effect
is made by a majority vote of the members constituting the Assembly.
In all cases the matter shall be referred to the National
Assembly in accordance with the foregoing procedure, every three months.
Article 70
The Amir shall conclude treaties by decree and shall transmit them immediately
to the National Assembly with the appropriate statement. a treaty shall have the
force of law after it is signed, ratified and published in the Official Gazette.
However, treaties of peace and alliance; treaties concerning
the territory of the State, its natural resources or sovereign rights, or public
or private rights of citizens; treaties of commerce, navigation and residence;
and treaties which entail additional expenditure not provided for in the budget,
or which involve amendment of the laws of Kuwait; shall come into force only
when made by a law.
In no case may treaties include secret provisions
contradicting those declared.
Article 71
Should necessity arise for urgent measures to be taken while the National
Assembly is not in session or is dissolved, the Amir may issue decrees in
respect thereof which shall have the force of law, provided that they shall not
be contrary to the Constitution or to the appropriations included in the budget
law.
Such decrees shall be referred to the National Assembly
within the fifteen days following their issue if the Assembly is in being. If it
is dissolved or its legislative term has expired such decrees shall be referred
to the next Assembly at its first sitting. If they are not thus referred they
shall retrospectively cease to have the force of law, without the necessity of
any decision to that effect. If they are referred and the Assembly does not
confirm them, they shall retrospectively cease to have the force of law, unless
the Assembly approves their validity for the preceding period or settles in some
other way the effects arising therefrom.
Article 72
The Amir shall, by decree, issue the regulations necessary for the execution of
laws without amending or suspending such laws or making any exemption from their
execution. a law may prescribe less formal instrument than a decree for the
issue of the regulations necessary for its execution.
Article 73
The Amir shall, by decree, issue sanctions and regulations necessary for the
organization of public services and administration, not conflicting with any
law.
Article 74
The Amir shall appoint and dismiss civil and military officials and diplomatic
representatives to foreign countries in accordance with law. He shall also
accept credentials of the representatives of foreign countries.
Article 75
The Amir may, by decree, grant a pardon or commute a sentence. However, general
amnesty shall not be granted except by a law and then only lin respect of
offences committed prior to the proposal of the amnesty.
Article 76
The Amir shall confer Orders of Honour in accordance with law.
Article 77
Coins shall be minted in the name of the Amir in accordance with law.
Article 78
Upon the accession of the Head of State his annual emoluments shall be fixed by
a law for the duration of his reign.
Chapter III - Legislative Power
Article 79
No law may be promulgated unless it has been passed by the National Assembly and
sanctioned by the Amir.
Article 80
The National Assembly shall be composed of fifty members elected directly by
universal suffrage and secret ballot in accordance with the provisions
prescribed by the electoral law.
Ministers who are not elected members of the National
Assembly shall be considered ex-officio members thereof.
Article 81
Electoral constituencies shall be determined by law.
Article 82
A member of the National Assembly shall:
(a) be a Kuwaiti by origin in accordance with law.
(b) be qualified as an elector in accordance with the
electoral law.
(c) be not less than thirty calendar years of age on the day
of election.
(d) be able to read and write Arabic well.
Article 83
The term of the National Assembly shall be four calendar years commencing with
the day of its first sitting. Elections for the new Assembly shall take place
within the sixty days preceding the expiry of the said term, due regard being
given to the provisions of Article 107.
Members whole term of office expires may be re-elected.
The term of the Assembly may not be extended except for
necessity in time of war and by a law.
Article 84
If, for any reason, a seat in the National Assembly becomes vacant before the
end of the term, the vacancy shall be filled by election within two months from
the date on which the Assembly declares the vacancy. The mandate of the new
member shall last until the end of that of his predecessor.
If the vacancy occurs within six months prior to the expiry
of the legislative term of the Assembly no successor shall be elected.
Article 85
The National Assembly shall have an annual session of not less than eight
months. The said session may not be prorogued before the budget is approved.
Article 86
The Assembly shall start its ordinary session during the month of October of
every year upon a convocation by the Amir. If the decree of convocation is not
issued before the first of the said month, the time for the meeting shall be
deemed to be 9 a.m. on the third Saturday of that month. If such day happens to
be an official holiday, the Assembly shall meet on the morning of the first day
thereafter.
Article 87
Notwithstanding the provisions of the preceding two articles the Amir shall
summon the National Assembly to hold its first meeting within two weeks of the
end of the general election. If the decree of convocation is not issued within
the said period, the Assembly shall be deemed to have been convoked for the
morning of the day following these two weeks, due regard being given to the
relevant provision of the preceding Article.
If the date of the meeting of the Assembly falls after the
annual date mentioned in Article 86 of the Constitution, the term of the session
specified in Article 85 shall be reduced by the difference between the said two
dates.
Article 88
The National Assembly shall, by decree, be called to an extra-ordinary session
if the Amir deems it necessary, or upon the demand of the majority of the
members of the Assembly.
In an extraordinary session the Assembly may not consider
matters other than those for which it has been convened except with the consent
of the Cabinet.
Article 89
The Amir shall announce the prorogation of ordinary and extra-ordinary sessions.
Article 90
Every meeting held by the Assembly at a time or place other than that assigned
for its meeting shall be invalid, and resolutions passed thereat shall, by
virtue of law, be void.
Article 91
Before assuming his duties in the Assembly or in its committees, a member of the
National Assembly shall take the following oath before the Assembly in a public
sitting:
"I swear by Almighty God to be faithful to the Country and to
the Amir, to respect the Constitution and the laws of the State, to defend the
liberties, interests and properties of the people and to discharge my duties
honestly and truthfully. & #129 , 94"
Article 92
The National Assembly shall elect at its first sitting and for the duration of
its term a Speaker and Deputy Speaker from amongst its members. If either office
becomes vacant the Assembly shall elect a successor the remainder of its term.
In all cases election shall be by an absolute majority vote
of the members present. If this majority vote is not attained in the first
ballot, another election shall be held between the two candidates receiving the
highest number of votes. If more than one candidate receives an equal number of
votes in the second place, all such candidates shall participate in the second
ballot. In this case the candidate who receives the greatest number of votes
shall be elected. If there is a tie in this last ballot, the choice shall be by
lot.
The oldest member shall preside over the first sitting until
the President is elected.
Article 93
The Assembly shall form, within the first week of its annual session, the
committees necessary for its functions. These committees may discharge their
duties the recess of the Assembly with a view to submitting their
recommendations to it when it meets.
Article 94
Sittings of the National Assembly shall be public, though they may be held in
secret upon the request of the Government, the National Assembly Speaker, the
Assembly or ten of its members. The debate on such request shall be held in
secret.
Article 95
The National Assembly shall decide upon the validity of the election of its
members. No election may be declared invalid except by a majority vote of the
members constituting the Assembly. This jurisdiction may, by law, be entrusted
to a judicial body.
Article 96
The National Assembly shall be the competent authority to accept resignation of
its members.
Article 97
For a meeting of the National Assembly to be valid more than half of its members
must be present. Resolutions shall be passed by an absolute majority vote of the
members present, except in cases where a special majority is required. When
votes are equally divided, the motion shall be deemed to be rejected.
Article 98
Immediately upon its formation, every Cabinet shall present its programme to the
National Assembly. The Assembly may make comments with regard to such a
programme.
Article 99
Every member of the National Assembly may put to the Prime Minister and to
Ministers questions with a view to clarifying matters falling within their
competence. The questioner alone shall have the right to comment once upon the
answer.
Article 100
Every member of the National Assembly may address to the Prime Minister and to
Ministers interpellations with regard to matters falling within their
competence.
The debate on such an interpellation shall not take place
until at least eight days have elapsed after its presentation, except in case of
urgency and with the consent of the Minister concerned.
Subject to the provisions of Articles 101 and 102 of the
Constitution, an interpellation may lead to the question of no-confidence being
put to the Assembly.
Article 101
Every Minister shall be responsible to the National Assembly for the affairs of
his ministry. If the Assembly passes a vote of no-confidence against a Minister,
he shall be considered to have resigned his office as from the date of the vote
of no-confidence and shall immediately submit his formal resignation. The
question of confidence in a Minister may not be raised except upon his request
or upon a demand signed by ten members, following a debate on an interpellation
addressed to him. The Assembly may not make its decision upon such a request
before the lapse of seven days from the
presentation thereof.
Withdrawal of confidence from a Minister shall be by a
majority vote of the members constituting the Assembly excluding Ministers.
Ministers shall not participate in the vote of confidence.
Article 102
The Prime Minister shall not hold any portfolio: nor shall the question of
confidence in him be raised before the National Assembly.
Nevertheless, if the National Assembly decides, in the manner
specified in the preceding Article, that it cannot co-operate with the Prime
Minister, the matter shall be submitted to the Head of State. In such a case the
Amir may either relieve the Prime Minister of office and appoint a new Cabinet
or dissolve the National Assembly.
In the event of dissolution, if the new Assembly decides by
the above-mentioned majority vote that it cannot co-operate with the said Prime
Minister, he shall be considered to have resigned as from the date of the
decision of the Assembly in this respect, and a new Cabinet shall be formed.
Article 103
If, for any reason, the Prime Minister or a Minister vacates his office, he
shall continue to discharge the urgent business thereof until his successor is
appointed.
Article 104
The Amir shall open the annual session of the National Assembly whereupon he
shall deliver an Amiri Speech reviewing the situation of the country and the
important public matters which happened during the preceding year, and outlining
the projects and reforms the Government plans to undertake during the coming
year.
The Amir may depute the Prime Minister to open the Assembly
or to deliver the Amiri Speech.
Article 105
The National Assembly shall choose, from amongst its members, a committee to
draft the reply to the Amiri Speech which will embody the comments and wishes of
the Assembly. After the said reply has been approved by the Assembly, it shall
be submitted to the Amir.
Article 106
The Amir may, by a decree, adjourn the meeting of the National Assembly for a
period not exceeding one month. Adjournment may be repeated during the same
session with the consent of the Assembly and then once only. a period of
adjournment shall not be counted in computing the duration of the session.
Article 107
The Amir may dissolve the National Assembly by a decree in which the reasons for
dissolution shall be indicated. However, dissolution of the Assembly may not be
repeated for the same reasons.
In the event of dissolution, elections for the new Assembly
shall be held within a period not exceeding two months from the date of
dissolution.
If the elections are not held within the said period the
dissolved Assembly shall be restored to its full constitutional authority and
shall meet immediately as if the dissolution had not taken place. The Assembly
shall then continue functioning until the new Assembly is elected.
Article 108
a member of the Assembly represents the whole nation. He shall safeguard the
public interest and shall not be subject to any authority in the discharge of
his duties in the Assembly or in its committees.
Article 109
A member of the Assembly shall have the right to initiate bills.
No bill initiated by, a member and rejected by the National
Assembly may be re-introduced during the same session.
Article 110
a member of the National Assembly shall be free to express any views or opinions
in the Assembly or in its committees. Under no circumstances shall he be held
liable in respect thereof.
Article 111
Except in cases of flagrant delicto, no measures of inquiry, search, arrest,
detention or any other penal measure may be taken against a member while the
Assembly shall be notified of any penal measure that may be taken during its
session in accordance with the foregoing provision. The Assembly shall always at
its first meeting be notified of any such measure taken against any of its
members while it was not sitting. In all cases, if the Assembly does not give a
decision regarding a request for authorization within one month from the date of
its receipt, permission shall be deemed to have been given.
Article 112
Upon a request signed by five members, any subject of general interest may be
put to the National Assembly for discussion with a view to Securing
Clarification of the Government’s policy and to exchanging views thereon.
All other members shall also have the right to participate in the discussion.
Article 113
The National Assembly may express to the Government wishes regarding public
matters. If the Government cannot comply with these wishes, it shall state to
the Assembly the reasons thereof. The Assembly may comment once on the
Government’s statement.
Article 114
The National Assembly shall at all times have the right to set up committees of
inquiry or to delegate one or more of its members to investigate any matter
within its competence. Ministers and all Government officials must produce
testimonials, documents and statements requested from them.
Article 115
The Assembly shall set up, among its annual standing committees, a special
committee to deal with petitions and complaints submitted to the Assembly by
citizens. The committee shall seek explanation thereon from the competent
authorities and shall inform the person concerned of the result.
A member of the National Assembly may not interfere with the work of either the
Judicial or the Executive Power.
Article 116
The Prime Minister and Ministers shall be given the floor whenever they ask for
it. They may call for assistance upon any senior officials or depute them to
speak on their behalf. The Assembly may ask for a Minister to be present
whenever a matter relating to his ministry is under discussion. The Cabinet
shall be represented in the sittings of the Assembly by the Prime Minister or by
some Ministers.
Article 117
The National Assembly shall lay down its standing orders which shall include the
procedure of the Assembly and its committees, and the rules pertaining to
discussion, voting, questions, interpellation and all other functions prescribed
in the Constitution. The standing orders shall prescribe the sanctions to be
imposed on any member who violates order or absents himself from the meetings of
the Assembly or the committees without a legitimate excuse.
Article 118
The maintenance of order in the National Assembly shall be the responsibility of
its President. The Assembly shall have a special guard under the authority of
the President of the Assembly.
No armed forces may enter the Assembly or be stationed close to its gates unless
so requested by the President.
Article 119
The remuneration of the President of the National Assembly, the Deputy President
and the Members shall be fixed by law. In the event of a modification of the
said remuneration, such modification shall not take effect until the next
legislation term.
Article 120
Membership of the National Assembly shall be incompatible with public office
except in the cases where compatibility is permitted in accordance with the
Constitution. In such cases the right to the remuneration for membership and the
right to the salary of the public office shall not be cumulated.
The law shall specify other cases of incompatibility.
Article 121
During his mandate a member of the National Assembly shall not be appointed on
the board of directors of a company, nor shall he participate in concessions
granted by the Government or by public bodies.
Further, during the said mandate, he shall not buy or rent any property of the
State, nor shall he bet, sell or barter any of his property to the Government,
except by public auction or tender, or in compliance with the system of
compulsory acquisition.
Article 122
During their mandate, members of the National Assembly with the exception of
those occupying a public office not incompatible with the membership of the
National Assembly, may not be awarded decorations.
Chapter IV - The Executive Power
Section I - The Cabinet
Article 123
The Council of Ministers shall have control over the departments of the State.
It shall formulate the general policy of the Government, pursue its execution
and supervise the conduct of work in Government departments.
Article 124
A law shall determine the remuneration of the Prime Minister and the Ministers.
All other provisions regarding Ministers shall apply to the Prime Minister
unless otherwise stated.
Article 125
A Minister shall satisfy the qualifications laid down in Article 82 of this
Constitution.
Article 126
Before assuming office the Prime Minister and Ministers shall take before the
Amir the Oath specified in Article 91 of this Constitution.
Article 127
The Prime Minister shall preside over the meetings of the Council of Ministers
and supervise the co-ordination of work among the various ministries.
Article 128
Deliberations of the Council of Ministers shall be secret. Resolutions shall be
passed only when the majority of its members are present and with the approval
of the majority of those present. In case of an equal division of votes the side
on which the Prime Minister has voted shall prevail.
Unless they resign, the minority shall abide by the opinion of the majority.
Resolutions of the Council of Ministers shall be submitted to the Amir for
approval in cases where the issue of a decree is required.
Article 129
The resignation of the Prime Minister or his removal from office shall involve
the resignation or removal of all other Ministers.
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