Updated: Friday March 29, 2013/AlJumaa
Jamada El Oula 18, 1434/Sukravara
Chaitra 08, 1935, at 07:56:33 AM
The Constitution of
11th Nov. 1962
In the name of
Allah, the Beneficent, the Merciful, We, Abdullah al-Salim al-Sabah, Amir of
the State of Kuwait, desiring to use the means of democratic rule for our dear
Country; and, having faith in the role of this Country in furthering Arab
nationalism and the promotion of world peace and human civilisation; 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 nation 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 Goverument during the period of
transition; and, upon the resolution of the Constituent Assembly;
do hereby approve this Constitution and promulgate it.
Part I
The State and System of Government
Article
1 [Sovereignty, Territorial Integrity]
The religion of the State is Islem, and the Islamic Sharia shall be a main source of legislation.
The official language of the State is Arabic.
(1)
(2) The Heir Apparent shall be designated within one year, at the latest, from the date of accession of the Amir.
(3) 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 majarity vote of its members in a special sitting.
(4) 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.
(5) The Heir Apparent shall have attained his majority, be of sound mind, and a legitimate son of Muslim parents.
(6) 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 Amirate. 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.
The flag, emblem, badges, decorations, and the National Anthem of the State shall be specified by law.
The System of
Government in
Part II
Fundamental Constituents of Kuwaiti Society
Justice,
Article
8 [
The State safeguards the pillars of Society and ensures security, tranquility, and equal opportunities for citizens.
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 support motherhood and childhood.
The State cares for the young and protects them from exploitation and from moral, physical, and spiritual neglect.
Article
11 [Old Age Protection]
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 [Arab Heritage]
The State safeguards the heritage of Islam and of the Arabs and contributes to
the furtherance of human civilisation.
Education is a fundamental requisite for the progress of society, assured and promoted by the State.
The State shall promote science, letters, and the arts and encourage scientific research therein.
The State cares for public health and for means of prevention and treatment of diseases and epidemics.
Property, capital, and work are fundamental constituents of the social structure of the State and of the national wealth. All of them are individual rights with a social function as regulated by law.
Article
17 [Public Property]
Public property is inviolable and its protection is the duty of every citizen.
Article
18 [Private Property, Inheritance]
(1) Private property is inviolable. No one shall be prevented from disposing of
his property except within the limits of the law. No property shall be
expropriated except for the public benefit under the circumstances and in the
manner specified by law, and on condition that just compensation is paid.
(2) Inheritance is a right governed by the Islamic Sharia.
Article
19 [Confiscation]
General confiscation of the property of any person shall be prohibited.
Confiscation of particular property as a penalty may not be inflicted except by
court judgment in the circumstances specified by law.
Article
20 [National Economy]
The national economy shall be basod 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 the law.
Article
21 [Natural Resources]
Natural resources and all revenues therefrom 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 [Employment, Tenements]
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 [Banking]
The State shall encourage both co-operative activities and savings, and supervise
the system of credit.
Article
24 [Taxation]
Social justice shall be the basis of taxes and public imposts.
Article
25 [State Burdens]
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]
(1) 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.
(2) Aliens may not hold public offices except in the cases specified by law.
Part III
Public Rights and Duties
Article
27 [Nationality]
Kuwaiti nationality is defined by law. No deprivation or withdrawal of
nationality may be effected except within the limits prescribed by law.
Article
28 [Deportation, Return]
No Kuwaiti may be deported from
Article
29 [Equality, Human Dignity, Personal
(1) All people are equals in human dignity and in public rights and duties
before the law, without distinction to race, origin, language, or religion.
(2) Personal liberty is guaranteed.
Article 31
[Arrest, Move, No Torture]
(1) 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 the law.
(2) No person shall be subjected to torture or to degrading treatment.
Article
32 [Nulla Poena Sine Lege, Personal Penalty]
(1) 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.
(2) Penalty is personal.
Article
34 [Presumption of Innocence, Right to Trial]
(1) An accused person is presumed innocent until proved guilty in a legal trial
at which the necessary guarantees for the exercise of the right of defence are
secured.
(2) The infliction of physical or moral injury on an accused person is
prohibited.
Article
35 [Freedom of Religion and Belief]
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 Expression]
Freedom of opinion and of scientific research is guaranteed. Every person has
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]
Freedom of the press, printing, and publishing is guaranteed in accordance with
the conditions and manner specified by law.
Article
38 [Home]
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 and Secrecy of Communication]
Freedom of communication by post, telegraph, and telephone and the secrecy
thereof is guaranteed; accordingly, censorship of communications and disclosure
of their contents are not permitted except in the circumstances and manner
specified by law.
Article
40 [Compulsory and Free Education]
(1) Education is a right for Kuwaitis, guaranteed by the State in accordance
with law and within the limits of public policy and morals. Edueation in its
preliminary stages is compulsory and free in accordance with the law.
(2) The law lays down the necessary plan to eliminate illiteracy.
(3) The State devotes particular care to the physical, moral, and mental
development of the youth.
Article
41 [Right and Duty to Work]
(1) Every Kuwaiti has the right to work and to choose the type of his work.
(2) Work is a duty of every citizen necessitated by personal dignity and public
good. The State shall endeavour to make it available to citizens and to make
its terms equitable.
Article
42 [No Forced Labor]
There is no forced labor except in the cases specified by law for national
emergency and with just remuneration.
Article
43 [Association]
Freedom to form associations and unions on a national basis and by peaceful
means is guaranteed in accordance with the conditions and manner specified by
law. No one may be compelled to join any association or union.
Article
44 [Assembly]
(1) Individuals have the right of private assembly without permission or prior
notification, and the police may not attend such private meetings.
(2) Public meetings, demonstrations, and gatherings are 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 [Petition]
Every individual has the right to address the public authorities in writing
over his siguature. Only duly constituted organizations and bodies corporate
have the right to address the authorities collectively.
Article
46 [Asylum]
Extradition of political refugees is prohibited.
Article
47 [National Defence, Military Service]
National defence is a sacred daty, and military service is an honor for
citizens which shall be regulated by law.
Article
48 [Taxation, Minimum Standard of Living]
Payment of taxes and public imposts is a duty in accordance with the law which
regulates exemption of small incomes from taxes in such a way as to maintain
the minimum standard of living.
Article
49 [Public Order, Public Morals]
Observance of public order and respect for public morals are a duty incumbent
upon all inhabitants of
Part IV
Powers
General Provisions
Article
50 [Separation and Constitutionality of Powers]
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]
The legislative power is vested in the Amir and the National Assembly in
accordance with the Constitution.
Article
52 [Executive Power]
The executive power is vested in the Amir, the Cabinet, and the Ministers, in
the manner specified by the Constitution.
Article
53 [Judicial Power]
The judicial power is vested in the Courts, which exercise it in the name of
the Amir within the limits of the Constitution.
Cbapter II The Head of State
Article
54 [Head of State, Immunity, Inviolability]
The Amir is the Head of the State. His person is immune and inviolable.
Article
55 [Government]
The Amir exercises his powers through his Ministers.
Article
56 [Prime Minister]
(1) The Amir, after the traditional consultations, appoints the Prime Minister
and relieves him of office. The Amir also appoints Ministers and relieves them
of office upon the recommendation of the Prime Minister.
(2) Ministers are appointed from amongst the members of the National Assembly
and from others.
(3) The number of Ministers in all shall not exceed one-third of the number of
the members of the National Assembly.
Article
57 [New Government]
The Cabinet is re-constituted in the manner specified in the preceding Article
at the beginning of every legislative term of the National Assembly.
Article
58 [Responsibility]
The Prime Minister and the Ministers are collectively responsible to the Amir
for the general policy of the State. Every Minister also is individually
responsible to the Amir for the affairs of his ministry.
Article
59 [Powers of the Amir Specified by Law]
The Law referred to in Article 4 specifies the conditions under which the Amir
exercises his constitutional powers.
Article
60 [Oath of the Amir's Office]
Before assuming his powers, the Amir takes 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 [Deputy Amir]
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 [Qualification of Deputy Amir]
The Deputy Amir has to satesfy the qualifications laid down in Artide 82. If he
is a Minister or a member of the National Assembly, he may 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 [Oath of the Deputy Amir's Office]
(1) Before assuming his powers the Deputy Amir, at a spacial sitting of the
National Assembly, takes the oath mentioned in Articie 60 with the following
phrase added thereto:
"and be loyal to the Amir."
(2) In case the National Assembly is not in session, the Oath shall be taken
before the Amir.
Article
64 [Incompatibilities of the Deputy Amir]
The provisions of Article 131 apply to the Deputy Amir.
Article
65 [Promulgation of Laws, Initiative of the Amir]
(1) The Amir has the right to initiate, sanction, and promulgate laws.
Promulgation of laws takes place within thirty days from the date of their
submission by the National Assembly to the Amir. This period is reduced to
seven days in case of urgency. Such urgency is decided upon by a majority vote
of the members constituting the National Assembly.
(2) Official holidays are not counted in computing the promulgation.
(3) If the period of promulgation expires without the Head of State demanding
reconsideration, the bill is considered as having been sanctioned and is
promulgated.
Article
66 [Bills]
Reference of a bill for reconsideration is 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 sanctions and promulgates the bill within thirty
days from its submission to him. If the bill does not receive the said
majarity, it may not be reconsidered during the same session. If the National
Assembly, in another session, considers the same bill by a majority vote of its
members, the Amir sanctions and promulgates the bill as law within thirty days
from its submission to him.
Article
67 [Chief-of-Command]
The Amir is the Supreme Commander of the Armed Forees. He appoints and
dismisses officers in accordance with the law.
Article
68 [War]
The Amir declares defensive war by decree. Offensive war is prohibited.
Article
69 [Martial Law]
(1) The Amir proclaims 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 is 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 is be referred to the new Assembly at its
first sitting.
(2) Martial Law may not continue unless a decision to that effect is made by a
majority vote of the members constituting the Assembly.
(3) In all cases, the matter is referred to the National Assembly in accordance
with the foregoing procedure, every three months.
Article
70 [Treaties]
(1) The Amir conclades treaties by decree and transmits them immediately to the
National Assembly with the appropriate statement. A treaty has the force of law
after it is signed, ratified, and publishod in the Official Gazette.
(2) 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 entailing additional expenditure not provided for in the badget, or
involving amendment of the laws of Kuwait; shall come into force only when made
by a law.
(3) In no case may treaties include secret provisions contradicting those declared.
Article
71 [Emergency Decrees]
(1) 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 have the force of law, provided that they are
not contrary to the Constitution or to the appropriations included in the
budget law.
(2) Such decrees are referred to the National Assembly within the fifteen days
following their issue if the Assembly is in session. If it is dissolved or its
legislative term has expired, such decrees are referred to tbe next Assembly at
its first sitting. If they are not thus referred, they 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 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 [Execution of Laws]
The Amir issues, by decree, 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 a less formal instrument than a decree for the
issue of the regulations necessary for its execution.
Article
73 [Regulations]
The Amir issues, by decree, regulations for public order and health, and
regulations necessary for the organization of public services and
administration, not conflicting with any law.
Article
74 [Diplomacy]
(1) The Amir appoints and dismisses civil and military officials and dipiomatic
representatives to foreign conntries in accordance with the law.
(2) He also accepts credentials of the representatives of foreign countries.
Article
75 [Pardon, Amnesty]
(1) The Amir may, by deeree, grant a pardon or commute a sentence.
(2) However, general amnesty shall not be granted except by a law and then only
in respect of offences committed prior to the proposal of the amnesty.
Article
76 [Orders of Honor]
The Amir confers Orders of Honor in accordance with the law.
Article
77 [Minting Coins]
Coins are minted in the name of the Amir in accordance with the law.
Article
78 [Remuneration of the Amir]
Upon the accession of the Head of State, his annual emoluments are fixed by a
law for the duration of his reign.
Chapter III
The National Assembly
Article
79 [Exclusive Legislation]
No law may be promulgated unless it has been passed by the National Assembly
and sanctioned by the Amir.
Article
80 [Election, Ministerial Members]
(1) The National Assembly is composed of fifty members elected directly by
universal suffrage and secret ballot in accordance with the provisions
prescribed by the electoral law.
(2) Ministers who are not elected members of the National Assembly are
considered ex-officio members thereof.
Article
81 [Constituencies]
Electoral constituencies are determined by law.
Article
82 [Qualifications]
A member of the National Assembly shall:
(a) be a Kuwaiti by origin in accordance with law;
(b) be qualified as an elector in acoordance 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 [Term, Re-election]
(1) The term of the National Assembly is four calendar years commencing with
the day of its first sitting. Elections for the new Assembly take place within
the sixty days preceding the expiry of the said term, due regard being given to
the provisions of Article 107.
(2) Members whose term of office expires may be re-elected.
(3) The term of the Assembly may not be extended except for necessity in time
of war and by a law.
Article
84 [Vacancy]
(1) If, for any reason, a seat in the National Assembly becomes vacent before
the end of the term, the vacancy is filled by election within two months from
the date on which the Assembly declares the vacency. The mandate of the new
member lasts until the end of that of his predecessor.
(2) If the vacency occurs within six months prior to the expiry of the legislative
term of the Assembly, no successor is elected.
Article
85 [Annual Ordinary Session]
The National Assembly has an annual session of not less than eight months. The
said session may not be prorogued before the budget is approved.
Article
86 [Start of Ordinary Session]
The Assembly starts 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 is deemed to be 9 a.m.
on the third Saturday of that month. If such day happens to be an official
holiday, the Assembly meets on the morning of the first day thereafter.
Article
87 [First Session]
(1) Notwithstanding the provisions of the preceding two Articles, the Amir summons
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 is 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.
(2) If the date of the meeting of the Assembly falls after the annual date mentioned in Article 86, the term of the session specified in Article 85 is reduced by the difference between the said two dates.
Article
88 [Extraordinary Sessions]
(1) The National Assembly is called by decree to an extraordinary session if
the Amir deems it necessary, or upon the demand of the majority of the members
of the Assembly.
(2) 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 [Prorogation of Sessions]
The Amir announces the prorogation of ordinary and extraordinary sessions.
Article
90 [Place of Meeting]
Every meeting held by the Assembly at a time or place other than that assigned
for its meeting is invalid, and resolutions passed thereat are void by virtue
of law.
Article
91 [Oath of Members]
Before assuming his duties in the Assembly or in its committees, a member of
the National Assembly must 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 poople, and to discharge my duties honestly
and truthfully."
Article
92 [President of Assembly]
(1) The National Assembly elects at its first sitting and for the duration of
its term a President and a Deputy President from amongst its members. If either
office becomes vacant, the Assembly elects a successor for the remainder of its
term.
(2) In all cases, election is by an absolute majority vote of the members
present. If this majority vote is not attained in the first ballot, another
election is 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 cendidate who receives the greatest number of votes is elected.
If there is a tie in this last ballot, the choice is by lot.
(3) The oldest member presides over the first sitting until the President is
elected.
Article
93 [Committees]
The Assembly forms, within the first week of its annual session, the committees
necessary for its functions. These committees may discharge their duties during
the recess of the Assembly with a view to submitting their recommendations to
it when it meets.
Article
94 [Publicity]
Sittings of the National Assembly are public, though they may be held in secret
upon the request of the Government, the President of the Assembly, or of ten of
its members. The debate on such request is held in secret.
Article
95 [Validation of Election]
The National Assembly decides 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 [Resignation of Members]
The National Assembly is the competent authority to accept resignation of its
members.
Article
97 [Quorum, Majority]
For a meeting of the National Assembly to be valid, more than half of its
members must be present. Resolutions are passed by an ahsolute majority vote of
the members present, except in cases where a special majority is required. When
votes are equally divided, the motion is rejected.
Article
98 [Government Program]
Immediately upon its formation, every Cabinet presents its program to the
National Assembly. The Assembly may make comments with regard to such a
program.
Article
99 [Questioning Government]
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 has the right to comment once upon the answer.
Article
100 [Interpellations]
(1) Every member of the National Assembly may address to the Prime Minister and
to Ministers interpellations with regard to matters falling within their
competence.
(2) 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.
(3) Subject to the provisions of Articles 101 and 102, an
interpellation may lead to the question of no-confidence being put to the
Assembly.
Article
101 [Vote of No-Confidence]
(1) Every Minister is responsible to the National Assembly for the affairs of
his ministry. If the Assembly passes a vote of no-confidence against a
Minister, he is 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.
(2) Withdrawal of confidence from a Minister is by a majority vote of the
members constituting the Assembly excluding Ministers. Ministers do not
participate in the vote of confidence.
Article
102 [No-Confidence in Prime Minister]
(1) The Prime Minister does not hold any portfolio; nor shall the question of
confidence in him be raised before the National Assembly.
(2) 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 is 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.
(3) In the event of dissolution, if the new Assembly decides by the
abovementioned majarity 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 [Continuation of Government]
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 [Amiri Speech]
(1) The Amir opens the annual session of the National Asxmbly whereupon he delivers
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.
(2) The Amir may depute the Prime Minister to open the Assembly or to deliver
the Amiri Speech.
Article
105 [Response to Amiri Speech]
The National Assembly chooses, 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 is
submitted to the Amir.
Article
106 [Adjournment]
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 only once. A period of
adjournment is not counted in computing the duration of the session.
Article
107 [Dissolution]
(1) The Amir may dissolve the National Assembly by a decree in which the
reasons for dissolution is indicated. However, dissolution of the Assembly may
not be repeated for the same reasons.
(2) In the event of dissolution, elections for the new Assembly are held within
a period not exceeding two months from the date of dissolution.
(3) If the elections are not held within the said period, the dissolved
Assembly is restored to its full constitutional authority and meets immediately
as if the dissolution had not taken place. The Assembly then continues to function
until the new Assembly is elected.
(4) A member of the Assembly represents the whole nation. He safeguards the
public interest and is not subject to any authority in the discharge of his
duties in the Assembly or in its committees.
Article
109 [Member Bills]
(1) A member of the Assembly has the right to initiate bills.
(2) No bill initiated by a member and rejected by the National Assembly may be
re-introduced during the same session.
Article
110 [Indemnity]
A member of the National Assembly is free to express any views or opinions in
the Assembly or in its committees. Under no circumstances can he be held liable
in respect thereof.
Article
111 [Immunity]
Except in cases of flagrante delicto, no measures of inquiry, search, arrest,
detention, or any other penal measure may be taken against a member while the
Assembly is in session, except with the authorisation of the Assembly. The
Assembly must be notified of any penal measrue that may be taken during its
session in acoordance with the foregoing provision. The Assembly, at its first
meeting, is always 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 is deemed to have been given.
Article
112 [Assembly Discussions]
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 thereof. All
other members also have
the right to participate in the discussion.
Article
113 [Assembly Requests]
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 therefore. The Assembly may comment once on the
Government's statement.
Article
114 [Committees of Inquiry]
The National Assembly at all times has 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 [Petition Committee]
(1) The Assembly sets up, among its annual standing committees, a special
committee to deal with petitions and complaints submitted to the Assembly by
citizens. The committee seeks explanation thereon from the competent authorities
and informs the person concerned of the result.
(2) A member of the National Assembly may not interfere with the work of either
the Judicial or the Executive Power.
Article
116 [Governmental Right to Speek]
The Prime Minister and Ministers are 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 must be
represented in the sittings of the Assembly by the Prime Minister or by some
Ministers.
Article
117 [Standing Orders, Duty to Presence]
The National Assembly determines its standing orders which 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 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 [Order in the Assembly, No Presence of Forces]
(1) Maintaining order in the National Assembly is the responsibility of its
President. The Assembly has a special guard under the authority of the
President of the Assembly.
(2) No armed forces may enter the Assembly or be stationed close to its gates
unless so requested by the President.
Article
119 [Remuneration]
The remuneration of the President of the National Assembly, the Deputy
President, and the Members are fixed by law. In the event of a modification of
the said remuneration, such modification may not take effect until the next
legislative term.
Article
120 [Incompatibilities]
(1) Membership of the National Assembly is 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 may not be cumulated.
(2) The law specifies other cases of incompatibility.
Article
121 [Economic Incompatibility]
(1) During his mandate, a member of the National Assembly may not be appointed
on the board of directors of a company, nor may he participate in concessions
granted by the Government or by public bodies.
(2) Further, during the said mandate, he may not buy or rent any proporty of
the State, nor let, 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 [No Decorations]
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
The Cabinet
Article
123 [Council of Ministers]
The Council of Ministers has control over the departments of the State. It
formulates the general policy of the Government, pursues its execution, and
supervises the conduct of work in Government departments.
Article
124 [Remuneration of Government]
(1) A law determines the remuneration of the Prime Minister and the Ministers.
(2) All other provisions regarding Ministers apply to the Prime Minister unless
otherwise stated.
Article
125 [Qualifications of Ministers]
A Minister has to satisfy the qualifications laid down in Article 82.
Article
126 [Oath of Ministers]
Before assuming office, the Prime Minister and Ministers, before the Amir, take
the Oath specified in Article 91.
Article
127 [Supervision by Prime Minister]
The Prime Minister presides over the meetings of the Council of Ministers and
supervises the co-ordination of work among the various ministries.
Article
128 [Secrecy, Quorum, Majority, Co-operation, Submission]
(1) Deliberations of the Council of Ministers are secret. Resolutions are
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, that
side prevails on which the Prime Minister has voted.
(2) Unless they resign, the minority has to abide by the opinion of the
majority.
(3) Resolutions of the Council of Ministers are submitted to the Amir for
approval in cases where the issue of a decree is required.
Article
129 [Government Follows Prime Minister]
The resignation of the Prime Minister or his removal from office involve the
resignation or removal of all other Ministers.
Article
130 [Ministries, Directives]
Every Minister supervises the affairs of his ministry and exccutes therein the
general policy of the Government. He also formulates directives for the
ministry and supervises their execution.
Article
131 [Immunities of Ministers]
(1) While in office, a Minister may not hold any other public office or
practice, even indirectly, any profession, or undertake any industrial,
commercial, or financial business. Furthermore, he may not participate in any
concession granted by the Government or by public bodies or cumulate the ministerial
post with membership of the board of directors of any company.
(2) In addition, during the said period, a Minister may not buy or otherwise
acquire any property of the State even by public auction, nor may he let, sell,
or switch any of his property to the Government.
Article
132 [Ministerial Offences and Indictment]
A special law defines the offences which may be committed by Ministers in the
performance of their duties, and specifies the procedure for their indictment
and trial and the competent authority for the said trial, without affecting the
application of other laws to their ordinary acts or offences and to the civil
liability arising therefrom.
Article
133 [Self-Government]
The law regulates general and municipal self-governing bodies in such a way as
to ensure their independence under the direction and supervision of the
Government.
Section II
Financial Affairs
Article
134 [Establishing Taxes]
No general tax may be established, amended, or abolished except by a law. No
one may be exempted, wholly or partially, from the duty to pay such taxes
except in the cases specified by law. No one may be required to pay any other
tax, fee, or imposition except within the limits of law.
Article
135 [Funds]
The law prescribes rules for the collection of public funds and the procedure
for their expenditure.
Article
136 [Public Loans]
Public loans are concluded by a law. The Governmemt may grant or guarantee a
loan by a law, or within the limits of the funds appropriated for the said
purpose in the budget.
Article
137 [Loans of Self-Governing Bodies]
General and local self-governing bodies may grant or guarantee loans according
to law.
Article
138 [State Properties]
The law lays down the rules for the protection of State properties, their
administration, the conditions of their disposal, and the limits within which
any of these properties may be relinquished.
Article
139 [Financial Year]
The financial year is fixed by law.
Article
140 [Annual Budget]
The Government draws up the annual budget, comprising the revenue and
expenditure of the State, and submits it to the National Assembly for
examination and approval at least two months hefore the end of each current
financial year.
Article
141 [Budget Discussion, Purpose]
(1) The budget shall be discussed in the National Assembly part by part.
(2) None of the public revenues may be allocated for a specific purpose except
by law.
Article
142 [Specific Funds]
Specific funds may be appropriated by law for more than one year if the nature
of the expenditure so requires, provided that each budget shall include the
funds allocated for that year, or alternatively, an extraordinary budget
covering more than one financial year shall be drawn up.
Article
143 [No Tax Inclusion]
The budget law may not include any provisions establishing a new tax,
increasing an existing tax, amending an existing law, or evading the issue of a
special law on a matter in respect of which the Constitution provides that a
law should be issued.
Article
144 [Budget by Law]
The budget shall be issued by a law.
Article
145 [Continuing Budget]
(1) If the budget law has not been promulgated before the beginning of the
financial year, the preceding budget applies until the new one is issued and
revenues are collected and disbursements made in accordance with laws in force
at the end of the preceding year.
(2) However, if the National Assembly has approved one or more parts of the new
budget, they are put into effect.
Article
146 [Changes of Budget]
Any expenditure not included in the budget, or in excess of the budget
appropriations, as well as the transfer of any fund from one part of the budget
to another, must be effected by law.
Article
147 [Maximum Expenditure]
In no case may the maximum estimate of expenditure, included in the budget law
or the laws amending it, be exceeded.
Article
148 [General Budgets]
The general budgets, both independent and annexed, must be specified by law to
which the provisions regarding the budget of the State apply.
Article
149 [Final Accounts]
The final accounts of the financial administration of the State for the
preceding year are submitted, within four months following the end of the said
year, to the National Assembly for consideration and approval.
Article
150 [Statement of Government]
The government submits to the National Assembly, at least once during each
ordinary session, a statement upon the financial position of the State.
Article
151 [Audit Commission]
A financial control and audit commission is established by a law, which ensures
its independence. The commission is attached to the National Assembly and
assists the government and the National Assembly in controlling the collection
of the State revenues and the disbursement of its expenditures within the
limits of the budget. The commission submits to both the Government and the
National Assembly an annual report on its activities and its observations.
Article
152 [Natural Resources]
No concession for exploitation of either a natural resource or a public service
may be granted except by a law and for a limited
period. In this respect, the preparatory measures facilitate the operations of
prospecting and explorating and ensure publicity and competition.
Article
153 [Monopoly]
No monopoly may be granted except by a law and for a limited period.
Article
154 [Currency, Banking, Standards]
Currency and banking as well as standards, weights, and measures are regulated
by law.
Article
155 [Pensions]
Law regulates salaries, pensions, compensation, subsidies, and gratuities which
are a charge on the State treasury.
Article
156 [Local Budgets]
Provisions relating to the budgets and the final accounts of local bodies and
authorities which have a public legal personality are determined by law.
Section III
Military Affairs
Article
157 [Peace, State Integrity]
Peace is the aim of the State, and the safeguard of the integrity of the
Country, which is part of the integrity of the Greater Arab World, is a trust
devolving upon every citizen.
Article
158 [Military Service]
Military service is regolated by law.
Article
159 [Establishment of Armed Forces]
The State alone may establish armed forces and public security bodies and that
in accordance with law.
Article
160 [Mobilization]
Mobilization, general or partial, are regulated by law.
Article
161 [Supreme Defence Council]
A Supreme Defence Council is set up to conduct affairs relating to defence, to
the safeguard of the integrity of the Country, and to the supervision of the
armed forces, in accordance with law.
Chapter V
The Judicial Power
Article
162 [Impartiality of Judges]
The honor of the Judiciary and the integrity and impartiality of judges are the
bases of rule and a guarantee of rights and liberties.
Article
163 [
In administering justice, judges are not subject to any authority. No
interference whatsoever is allowed with the conduct of justice. Law guarantees
the independence of the Judiciary and states the guarantees and provisions
relating to judges and the conditions of their irremovability.
Article
164 [Court System, Military Courts]
Law regulates the Courts of various kinds and degrees and specifies their
functions and jurisdiction. Except when Martial Law is in force, Military
Courts have jurisdiction only over military offences committed by members of
the armed and security forces within the limits specified by law.
Article
165 [Publicity of Trials]
Sittings of the Courts are to be public, except for the cases
prescribed otherwise by law.
Article
166 [Recourse to the Courts]
The right of recourse to the Courts is guaranteed to all people. Law prescribes
the procedure and manner necessary for the exercise of this right.
Article
167 [Public Prosecution]
(1) The Public Prosecution Office conducts penal charges on behalf of society.
It supervises the affairs of judicial police, the enforcement of penal laws,
the pursuit of offenders, and the execution of judgments. Law regulates this
body, lays down its duties, and defines the conditions and guarantees for those
who assume its functions.
(2) As an exception, law may entrust to the public security authorities the
conduct of prosecutions in misdemeanours in accordance with the manner
prescribed by law.
Article
168 [Supreme Council of Judiciary]
The Judiciary has a Supreme Council which is regulated, and its duties defined,
by law.
Article
169 [Administrative Jurisdiction]
The law regulates the settlement of administrative suits by means of a special
Chamber or Court, and prescribes its organization and the manner of assuming
administrative jurisdiction including the power of both nullification and
compensation in respect of administrative acts contrary to law.
Article
170 [Legal Departments]
The law organizes the body which renders legal advice to ministries and public
departments and drafts bills and regulations. Law also regulates the
representation of the State and other public bodies before the Courts.
Article
171 [Council of State]
A Council of State may be established by a law to assume the functions of
administrative jurisdiction, rendering legal advice, and drafting bills and
regulations, mentioned in the preceding two Articles.
Article
172 [Conflicts of Jurisdiction]
The method of resolving conflicts of jurisdiction or of judgments between the
various kinds of Courts are prescribed by law.
Article
173 [Constitutional Review]
(1) The law specifies the judicial body competent to deciding dispiutes
relating to the constitutionality of laws and regulations and determines its
jurisdiction and procedure.
(2) The law ensures the right of both the Government and the interested parties
to challenge the constitutionality of laws and regulations before the said
body.
(3) If the said body decides that a law or a regulation is unconstitutional, it
is considered null and void.
General and Transitional Provisions
Article
174 [Amendments of the Constitution]
(1) The Amir or one-third of the members of the National Assembly have the
right to propose a revision of the Constitution by amending or deleting one or
more of its provisions or by adding new provisions.
(2) If the Amir and the majority of the members constituting the National
Assembly approve the principle of revision and its subject matter, the Assembly
debates the bill article by article. Approval by a two-thirds majority vote of
the members constituting the Assembly is required for the bill to be passed.
The revision comes into force only after being sanctioned and promulgated by
the Amir regardless of the provisions of Articles 65 and 66.
(3) If the principle of revision or its subiect matter is rejected, it may not
be presented again before the lapse of one year from the rejection.
(4) No amendment to this Constitution may be proposed before the lapse of five
years from its coming into force.
Article
175 [Limits to Constitutional Amendments]
The provisions relating to the Amiri System in Kuwait and the principles of
liberty and equality, provided for in this Constitution, may not be proposed
for revision except in relation to the title of the Amirate or to increase the
guarantees of liberty and equality.
Article
176 [Powers of the Amir]
The powers of the Amir, specified in this Constitution, may not be proposed for
revision when a Deputy Amir is acting for him.
Article
177 [Continuation of Treaties]
The application of this Constitution does not affect treaties and conventions
previously concluded by
Article
178 [Publication of Laws]
Laws are published in the Official Gazette within two weeks of their
promulgation and come into force one month after their publication. The latter
period may be extended or reduced for any law by a special provision included
in it.
Article
179 [Retroactive Laws]
The laws are applicable to that which takes place after the date of their
coming into force, and thus have no effect in respect of what has taken place
before such date. However, in other than penal matters, a law may, with the
approval of a majority vote of the members constituting the National Assembly,
prescribe otherwise.
Article
180 [Continuation of Laws]
All provisions of laws, regulations, decrees, orders, and decisions, in effect
upon the coming into force of this Constitution, continue to be applicable
unless amended or repealed in accordance with the procedure preseribed in this
Constitution, provided that they are not contrary to any of its provisions.
Article
181 [No Suspension of Constitution]
No provision of this Constitution may be suspended except when Martial Law is
in force and within the limits specified by the law. Under no circumstances may
the meetings of the National Assembly be suspended, nor shall the immunities of
its members be interfered with during such period.
Article
182 [Publication, Enforcement]
This Constitution shall be published in the Official Gazette and comes into
force on the date of the meeting of the National Assembly which shall not be
later than January 1963.
Article
183 [Continuing Assembly]
Law Number I of 1962 concerning the system of Government during the period of
transition continues to be in force, and the present members of the Constituent
Assembly continue in the exercis of their duties specified in the said law,
until the
meeting of the National Assembly.
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