ู
ูุฏู
ุฉ
ุจุณู
ุงููู ุงูุฑุญู
ู ุงูุฑุญูู
ูุญู ุนุจุฏุงููู ุงูุณุงูู
ุงูุตุจุงุญ โ ุฃู
ูุฑ ุฏููุฉ ุงููููุช
ุฑุบุจุฉ ูู ุงุณุชูู
ุงู ุฃุณุจุงุจ ุงูุญูู
ุงูุฏูู
ูุฑุงุทู ููุทููุง ุงูุนุฒูุฒ. ูุงูู
ุงูุง ุจุฏูุฑ ูุฐุง ุงููุทู ูู ุฑูุจ ุงูููู
ูุฉ ุงูุนุฑุจูุฉ ูุฎุฏู
ุฉ ุงูุณูุงู
ุงูุนุงูู
ู ูุงูุญุถุงุฑุฉ ุงูุฅูุณุงููุฉ. ูุณุนูุง ูุญู ู
ุณุชูุจู ุงูุถู ููุนู
ููู ุงููุทู ุจู
ุฒูุฏ ู
ู ุงูุฑูุงููุฉ ูุงูู
ูุงูุฉ ุงูุฏูููุฉุ ููููุก ุนูู ุงูู
ูุงุทููู ู
ุฒูุฏุงู ูุฐูู ู
ู ุงูุญุฑูุฉ ุงูุณูุงุณุฉุ ูุงูู
ุณุงูุงุฉุ ูุงูุนุฏุงูุฉ ุงูุงุฌุชู
ุงุนูุฉุ ููุฑุณู ุฏุนุงุฆู
ู
ุง ุฌุจูุช ุนููู ุงูููุณ ุงูุนุฑุจูุฉ ู
ู ุงุนุชุฒุงุฒ ุจูุฑุงู
ุฉ ุงููุฑุฏุ ูุญุฑุต ุนูู ุตุงูุญ ุงูู
ุฌู
ูุนุ ูุดูุฑู ูู ุงูุญูู
ู
ุน ุงูุญูุงุธ ุนูู ูุญุฏุฉ ุงููุทู ูุงุณุชูุฑุงุฑู.
ูุจุนุฏ ุงูุงุทูุงุน ุนูู ุงููุงููู ุฑูู
1 ูุณูุฉ 1962 ุงูุฎุงุต ุจุงููุธุงู
ุงูุฃุณุงุณู ููุญูู
ูู ูุชุฑุฉ ุงูุงูุชูุงู. ูุจูุงุก ุนูู ู
ุง ูุฑุฑู ุงูู
ุฌูุณ ุงูุชุฃุณูุณู.
Non-official Translation
Constitution of Kuwait (1962)
In the name of Allah, the Most Gracious, the Most Merciful,
We, Abdullah Al-Salem Al-Sabah – Emir of the State of Kuwait, desire to complete the causes of democratic rule for our dear homeland.
Believing in the role of this country in the ranks of Arab nationalism and the service of world peace and human civilization. In pursuit of a better future in which the nation enjoys greater prosperity and international standing, and grants citizens greater political freedom, equality, and social justice, and lays the foundations for the pride in the dignity of the individual, concern for the good of the whole, and consultation in governance while preserving the Arab psyche.
Homeland unity and stability.
After reviewing Law No. 1 of 1962 regarding the basic system of government during the transitional period. Based on what was decided by the Constituent Assembly.
We ratified and issued this Constitution:
PART ONE: THE STATE AND THE SYSTEM OF GOVERNMENT
Article 1
Kuwait is an independent Arab state with full sovereignty, and it is not permissible to surrender its sovereignty or give up any part of its territory.ย And the people of Kuwait is part of the Arab Nation.
Article 2
The state religion is Islam, and Islamic law is the main source of legislation.
Article 3
The state’s official language is Arabic
Article 4
Kuwait is a hereditary emirate in the descendants of the late Mubarak Al-Sabah.ย The Crown Prince shall be appointed within a maximum of one year of the Emirโs accession, and his appointment shall be by Emiri order based on the Emirโs recommendation and the pledge of allegiance from the National Assembly, which takes place in a special session, with the approval of the majority of the members who make up the Council.ย In the event that the appointment is not made in the previous manner, the Emir shall recommend at least three of the aforementioned descendants to the throne, and the Council shall pledge allegiance to one of them as Crown Prince.ย The Crown Prince is required to be of sound mind and a legitimate son of Muslim parents.ย All provisions relating to the inheritance of the Emirate shall be regulated by a special law issued within one year from the date of implementation of this Constitution. It shall have a constitutional character and may not be amended except in the manner prescribed for amending the Constitution.
Article 5
The law specifies the stateโs flag, emblem, insignia, decorations, and national anthem
Article 6
The system of government in Kuwait is democratic, in which sovereignty belongs to the nation, the source of all powers, and sovereignty is exercised in the manner set forth in this Constitution.
PART TWO: THE BASIC COMPONENTS OF KUWAITI SOCIETY
Article 7
Justice, freedom and equality are the pillars of society, cooperation and compassion are the strongest links between citizens.
Article 8
The state safeguards the foundations of society and guarantees security, tranquility, and equal opportunities for citizens.
Article 9
The family is the foundation of society, and its foundation is religion, morals, and patriotism. The law preserves its entity, strengthens its bonds, and protects motherhood and childhood.
Article 10
The state cares for young people, protects them from exploitation, and protects them from moral, physical, and spiritual neglect.
Article 11
The state guarantees aid to citizens in the event of old age, illness, or inability to work. It also provides them with social insurance, social aid, and health care services.
Article 12
The state preserves the Islamic and Arab heritage and contributes to the advancement of human civilization
Article 13
Education is an essential pillar for the progress of society, guaranteed and sponsored by the state.
Article 14
The state sponsors sciences, literature, and arts and encourages scientific research.
Article 15
The state is concerned with public health and means of prevention and treatment of diseases and epidemics.
Article 16
Property, capital, and labor are basic components of the stateโs social entity and national wealth. They are all individual rights with a social function regulated by law.
Article 17
Public funds are inviolable, and protecting them is the duty of every citizen.
Article 18
Private property is protected. No one is prevented from disposing of his property except within the limits of the law, and no one is deprived of his property except for public benefit in the circumstances specified in the law, in the manner stipulated therein, and on the condition that he is compensated fairly for it. . Inheritance is a right governed by Islamic law .
Article 19
General confiscation of funds is prohibited, and the penalty for private confiscation shall only be imposed by a judicial ruling, in the circumstances specified by law.
Article 20
The national economy is based on social justice, and its foundation is fair cooperation between public activity and private activity. Its goal is to achieve economic development, increase production, raise the standard of living, and achieve prosperity for citizens, all within the limits of the law.
Article 21
All natural wealth and all its resources are the property of the state. It is based on their preservation and proper exploitation, taking into account the requirements of the stateโs security and national economy.
Article 22
The law regulates, on economic grounds and taking into account the rules of social justice, the relationship between workers and employers, and the relationship of real estate owners with their tenants.
Article 23
The state encourages cooperation and saving, and supervises credit regulation.
Article 24
Social justice is the basis of taxes and public costs
Article 25
The state guarantees community solidarity in bearing the burdens resulting from disasters and public tribulations, and compensating those injured by war damage or due to the performance of their military duties.
Article 26
Public jobs are a national service entrusted to those who perform them, and state employees, in performing their jobs, aim for the public interest.ย Foreigners shall not assume public positions except in the circumstances specified by law.
CHAPTER THREE: RIGHTS AND DUTIES
Article 27
Kuwaiti nationality is determined by law. Citizenship may not be revoked or withdrawn except within the limits of the law.
Article 28
It is not permissible for a Kuwaiti to be deported from Kuwait or prevented from returning to it
Article 29
People are equal in human dignity, and they are equal before the law in public rights and duties, without discrimination between them on the basis of gender, origin, language or religion.
Article 30
Personal freedom is guaranteed
Article 31
It is not permissible to arrest, imprison, search, restrict a personโs residence, or restrict his freedom of residence or movement except in accordance with the provisions of the law. No one shall be subjected to torture or degrading treatment.
Article 32
There is no crime or punishment except based on a law, and there is no punishment except for actions subsequent to the implementation of the law that stipulates them.
Article 33
The punishment is personal
Article 34
The accused is innocent until proven guilty in a legal trial in which he is guaranteed the necessary guarantees to exercise the right of defence. It is prohibited to harm the accused physically or mentally.
Article 35
Freedom of belief is absolute, and the state protects the freedom to perform religious rituals in accordance with established customs, provided that this does not disturb public order or contradict morals.
Article 36
Freedom of opinion and scientific research is guaranteed, and every person has the right to express his opinion and publish it verbally, in writing, or otherwise, in accordance with the terms and conditions stipulated by the law.
Article 37
Freedom of the press, printing and publishing is guaranteed in accordance with the terms and conditions stipulated by the law.
Article 38
Dwellings are inviolable, and it is not permissible to enter them without the permission of their residents, except in the circumstances specified by the law and in the manner stipulated therein.
Article 39
The freedom of postal, telegraphic and telephone correspondence is protected, and its confidentiality is guaranteed. It is not permissible to monitor messages or divulge their confidentiality except in the circumstances specified in the law and in the procedures stipulated therein.
Article 40
Education is a right for Kuwaitis, guaranteed by the state in accordance with the law and within the limits of public order and morals. Education is compulsory and free in its early stages in accordance with the law. The law lays down the necessary plan to eliminate illiteracy . State and private care for the physical, moral and mental development of young people .
Article 41
Every Kuwaiti has the right to work and to choose its type. Work is a duty for every citizen. It is required by dignity and required by the public good, and the state is based on providing it to citizens and on the fairness of its conditions.
Article 42
Compulsory labor may not be imposed on anyone except in the circumstances specified by law for national necessity and in return for fair compensation.
Article 43
The freedom to form associations and unions on national grounds and by sound means is guaranteed in accordance with the terms and conditions stipulated by the law. No one may be forced to join an association or union.
Article 44
Individuals have the right to meet without the need for prior permission or notification, and no member of the security forces may attend their private meetings. Public meetings, processions, and gatherings are permissible in accordance with the terms and conditions stipulated by the law, provided that the purposes and means of the meeting are peaceful and do not contradict morals.
Article 45
Every individual may address the public authorities in writing and with his signature. Addressing the authorities in the name of groups may only be for statutory bodies and legal persons.
Article 46
The extradition of political refugees is prohibited.
Article 47
Defending the homeland is a sacred duty, and performing military service is an honor for citizens, regulated by law.
Article 48
Paying taxes and public costs is a duty according to the law. The law regulates the exemption of small incomes from taxes in a way that ensures that the minimum necessary for living is not affected.
Article 49
Observance of public order and respect for public morals is a duty for all residents of Kuwait.
CHAPTER FOUR: AUTHORITIES
CHAPTER ONE: GENERAL PROVISIONS
Article 50
The system of government is based on the separation of powers and their cooperation in accordance with the provisions of the Constitution. It is not permissible for any of them to waive all or part of its jurisdiction stipulated in this Constitution.
Article 51
Legislative authority is vested in the Emir and the National Assembly in accordance with the Constitution
Article 52
Executive authority is vested in the Emir, the Council of Ministers, and the ministers, as set forth in the Constitution.
Article 53
Judicial authority is exercised by the courts in the name of the Emir within the limits of the Constitution.
CHAPTER TWO: HEAD OF STATE
Article 54
The Emir is the head of state, and his person is inviolable
Article 55
The Prince exercises his powers through his ministers
Article 56
The Emir appoints the Prime Minister, after traditional consultations, and relieves him of his position. He also appoints ministers and dismisses them from their positions based on the nomination of the Prime Minister. Ministers are appointed from members of the National Assembly and others. The number of all ministers does not exceed one-third of the members of the National Assembly.
Article 57
The Ministry shall be reconstituted as set forth in the previous article at the beginning of each legislative term of the National Assembly.
Article 58
The Prime Minister and the ministers are jointly responsible before the Emir for the general policy of the state, and every minister is also responsible before him about the work of his ministry.
Article 59
The law referred to in Article Four determines the conditions necessary for the Emir to exercise his constitutional powers.
Article 60
Before exercising his powers in a special session of the National Assembly, the Emir shall take the following oath: I swear by Almighty God to respect the constitution and the laws of the state, to defend the peopleโs freedoms, interests and money, and to safeguard the independence of the nation and the integrity of its lands.
Article 61
In the event that the Emir is absent outside the Emirate and the Crown Prince is unable to act on his behalf, the Emir shall appoint a deputy who shall exercise his powers during his absence, by an Emiri order. This order may include a special regulation for exercising these powers on his behalf or specifying their scope.
Article 62
The conditions stipulated in Article 82 of this Constitution are required for the Deputy Emir, and if he is a minister or a member of the National Assembly, he shall not participate in the work of the Ministry or the Council for the period of his representation of the Emir.
Article 63
Before assuming his powers, the Deputy Emir shall take, in a special session of the National Assembly, the oath stipulated in Article 60, accompanied by the phrase โand to be loyal to the Emir.โ If the Council is not in session, the aforementioned oath shall be taken before the Emir.
Article 64
The provisions stipulated in Article 131 of this Constitution apply to the Deputy Emir
Article 65
The Emir has the right to propose laws and the right to ratify and issue them. The issuance shall be made within thirty days from the date it is submitted to it by the National Assembly. This period is reduced to seven days in the case of urgency, and the urgent status shall be determined by a decision of the National Assembly by a majority of the members of which it is composed. Official holidays are not counted from the issuance period. The law is considered ratified and issued if the period specified for issuance passes without the President of the State requesting it to be reconsidered.
Article 66
The request to reconsider the draft law shall be made by a reasoned decree. If the National Assembly approves it again with the approval of two-thirds of the members comprising the Council, the Emir shall ratify and issue it within thirty days of its being notified to him. If this majority is not achieved, it will not be considered in the same session. If the National Assembly returns in another session to approve that draft by a majority of the members who make up the Assembly, the Emir will ratify it and issue it within thirty days of its being notified to him.
Article 67
The Emir is the Supreme Commander of the Armed Forces and is the one who appoints and dismisses officers in accordance with the law.
Article 68
The Emir declares defensive war by decree, while offensive war is forbidden
Article 69
The Emir declares martial law in cases of necessity determined by the law and in the procedures stipulated therein. Martial law shall be declared by decree, and this decree shall be presented to the National Assembly within the fifteen days following it to decide on the fate of martial law. If this happens during the dissolution period, the matter must be presented to the new Council at its first meeting. For the continuation of martial law, a decision must be issued by the Council by a majority of the members it consists of. In all cases, the matter must be re-presented to the National Assembly, in accordance with the previous conditions, every three months.
Article 70
The Emir shall conclude treaties by decree and notify them immediately to the National Assembly, accompanied by an appropriate statement. The treaty shall have the force of law after its conclusion, ratification, and publication in the Official Gazette. However, treaties of peace and alliance, treaties related to the stateโs lands or natural resources, sovereign rights, or the public and private rights of citizens, treaties of trade, navigation, and residence, and treaties that charge the state treasury some expenditures not included in the budget or include an amendment to the laws of Kuwait, must be issued by law to enter into force. . In no case may a treaty contain secret terms that contradict its public terms.
Article 71
If, between sessions of the National Assembly or during its dissolution, something occurs that necessitates the rapid adoption of measures that cannot tolerate delay, the Emir may issue decrees in this regard that have the force of law, provided that they do not violate the Constitution or the financial estimates contained in the Budget Law. These decrees must be presented to the National Assembly within fifteen days from the date of their issuance, if the Assembly is existing, and at its first meeting in the event of dissolution or the end of the legislative term. If they are not presented, the force of law they had will retroactively cease without the need to issue a decision to that effect. . However, if it was presented and not approved by the Council, its force of law would be lost retroactively, unless the Council decided to approve its implementation in the previous period or settle its effects in another way.
Article 72
The Emir shall establish, by decree, the necessary regulations to implement the laws without amending them, suspending them, or exempting them from their implementation. The law may specify a tool lower than the decree to issue the necessary regulations for its implementation.
Article 73
The Emir shall establish, by decrees, the necessary regulations and regulations for arranging public services and tools in a manner that does not conflict with the laws.
Article 74
The Emir appoints civil and military employees and political representatives to foreign countries, dismisses them in accordance with the law, and accepts representatives of foreign countries to him.
Article 75
The Emir may pardon or reduce the penalty by decree, but a comprehensive pardon can only be granted by law for crimes committed before the pardon was proposed.
Article 76
The prince or badge of honor is granted in accordance with the law.
Article 77
Currency is minted in the name of the Emir in accordance with the law
Article 78
Upon the assumption of office by the President of the State, his annual allocations shall be determined by law for the duration of his rule.
CHAPTER THREE: LEGISLATIVE AUTHORITY
Article 79
No law shall be issued unless it is approved by the National Assembly and ratified by the Emir.
Article 80
The National Assembly consists of fifty members elected by direct secret general election, in accordance with the provisions set forth in the Election Law. Ministers who are not elected to the National Assembly are considered members of this Council by virtue of their positions.
Article 81
Electoral districts are determined by law.
Article 82
It is required for a member of the National Assembly: 1- To be of original Kuwaiti nationality in accordance with the law 2- To meet the conditions of being a voter in accordance with the election law 3- To be not less than thirty years of age on the day of the election 4- To be proficient in reading and writing the Arabic language.
Article 83
The term of the National Assembly is four Gregorian years from the date of its first meeting, and renewal takes place within the sixty days preceding the end of that term, taking into account the provisions of Article 107. Members whose term expires may be re-elected. The legislative term may not be extended except for necessity in the event of war, and this extension shall be by law.
Article 84
If the position of a member of the National Assembly becomes vacant before the end of his term, for any reason, a replacement shall be elected within two months from the date of the Council announcing this vacancy, and the term of the new member shall be for the end of the term of his predecessor. If the vacancy occurs within the six months preceding the end of the legislative term of the Council, a replacement member shall not be elected.
Article 85
The National Assembly has an annual session of no less than eight months, and this session may not be adjourned before the budget is approved.
Article 86
The Council holds its regular session at the invitation of the Emir during the month of October of each year. If the convocation decree is not issued before the beginning of the aforementioned month, the meeting time shall be deemed to be nine oโclock in the morning on the third Saturday of that month. If this day falls on an official holiday, the Council shall meet on the morning of the first day following that holiday.
Article 87
As an exception to the provisions of the previous two articles, the Emir shall call the National Assembly to its first meeting following the general elections of the Council within two weeks of the end of those elections. If the convocation decree is not issued within that period, the Council shall be considered invited to meet on the morning of the day following the aforementioned two weeks, taking into account the provisions of the previous article. If the date of the Councilโs meeting in this session is later than the annual period stipulated in Article 86 of the Constitution, the session period stipulated in Article 85 shall be reduced by the amount of the difference between the two mentioned dates.
Article 88
The National Assembly shall be called, by decree, to an extraordinary meeting if the Emir deems it necessary or upon the request of the majority of the members of the Assembly. During an extraordinary session, the Council may not consider matters other than those for which it was called, except with the approval of the Ministry.
Article 89
The Emir announces the adjournment of the ordinary and extraordinary sessions of the meeting.
Article 90
Every meeting held by the Council at a time and place other than those specified for its meeting shall be invalid, and the decisions issued therein shall be invalid by law.
Article 91
Before a member of the National Assembly assumes his duties in the Assembly or its committees, he shall take the following oath before the Assembly in a public session: โI swear by God Almighty to be loyal to the homeland and to the Emir, to respect the Constitution and the laws of the state, to defend the peopleโs freedoms, interests, and money, and to perform my duties with honesty and honesty.โ
Article 92
The National Assembly shall choose, in its first session, for the duration of its term, a president and a vice-president from among its members. If the place of either of them becomes vacant, the Council shall choose someone to replace him until the end of his term. In all cases, the election shall be by an absolute majority of those present. If this majority is not achieved the first time, the election shall be repeated between the two who have the most votes. If the second one is equal in number of votes, he shall participate with them in the election the second time. In this case, the election shall be by relative majority. If more than one person is equal in obtaining the relative majority, a choice will be made between them by lottery. The first session is chaired by the oldest member until the president is elected.
Article 93
During the first week of its annual meeting, the Council shall form the necessary committees for its work. These committees may exercise their powers during the Councilโs recess in preparation for presenting them to it at its meeting.
Article 94
Sessions of the National Assembly are public and may be held in secret upon the request of the government, the Speaker of the Assembly, or ten members, and the request will be discussed in a secret session.
Article 95
The National Assembly shall decide on the validity of the election of its members, and the election shall not be considered invalid except by a majority of the members who comprise the Assembly. This jurisdiction may be entrusted by law to a judicial body.
Article 96
The National Assembly is competent to accept resignation from its membership.
Article 97
For a meeting of the National Assembly to be valid, the presence of more than half of its members is required, and decisions are issued by an absolute majority of the members present, except in cases where a special majority is required. When the votes are equal, the matter that was discussed is considered rejected.
Article 98
Immediately after its formation, each ministry submits its program to the National Assembly, and the Assembly may express whatever comments it deems appropriate regarding this program.
Article 99
Every member of the National Assembly may address the Prime Minister and the Ministers with questions to clarify matters within their jurisdiction. Only the questioner has the right to comment once on the answer.
Article 100
Every member of the National Assembly has the right to direct inquiries to the Prime Minister and to the ministers about matters falling within their jurisdiction. Discussion of the interrogation shall not take place until at least eight days after the day of its submission, except in cases of urgency and with the approval of the Minister. Taking into account the provisions of Articles 101 and 102 of the Constitution, the interrogation may lead to raising the issue of confidence before the Council.
Article 101
Every minister is responsible to the National Assembly for the work of his ministry. If the Assembly decides to have no confidence in one of the ministers, he will be considered to have resigned from the ministry from the date of the no-confidence decision and shall submit his resignation immediately. The issue of confidence in the Minister may not be raised except based on his desire or a request signed by ten members following discussion of an interrogation directed at him, and the Council may not issue its decision on the request before seven days of its submission. Withdrawal of confidence from a minister shall be by a majority of the members who make up the Council, with the exception of ministers. Ministers do not participate in the vote of confidence.
Article 102
The Prime Minister does not assume any ministry, and the issue of confidence in him is not raised in the National Assembly. However, if the National Assembly finds, in the manner stipulated in the previous article, that it is not possible to cooperate with the Prime Minister, it shall refer the matter to the President of the State. In this case, the Emir may relieve the Prime Minister and appoint a new ministry, or replace the National Assembly. In the event of dissolution, if the new council decides by the same majority not to cooperate with the aforementioned Prime Minister, he will be considered to have resigned his position from the date of the councilโs decision in this regard, and a new ministry will be formed.
Article 103
If the Prime Minister or Minister relinquishes his position for any reason, he shall continue to carry out the urgent affairs of his position until his successor is appointed.
Article 104
The Emir opens the annual session of the National Assembly and delivers an Amiri speech that includes a statement of the countryโs conditions, the most important public affairs that took place during the past year, and the projects and reforms that the government intends to implement during the new year. The Emir may act on his behalf at the opening or in delivering the Emiri speech, the Prime Minister.
Article 105
The National Assembly chooses a committee from among its members to prepare a draft response to the Emirโs speech, including the Councilโs observations and wishes, and after its approval by the Council, it is submitted to the Emir.
Article 106
The Emir may postpone, by decree, the meeting of the National Assembly for a period not exceeding one month. The postponement may not be repeated in one session except with the approval of the Council and for a single period, and the period of postponement is not counted within the session period.
Article 107
The Emir may dissolve the National Assembly by a decree stating the reasons for the dissolution, provided that the Assembly may not be dissolved for the same reasons again. If the Council is dissolved, elections must be held for the new Council within a period not exceeding two months from the date of dissolution. If elections are not held during that period, the dissolved council will regain its full constitutional authority and meet immediately as if the solution had never occurred. It will continue its work until the new council is elected
Article 108
A member of the Council represents the entire nation and takes care of the public interest, and no body has any authority over him in his work in the Council or its committees.
Article 109
A member of the National Assembly has the right to propose laws. Any draft law proposed by a member and rejected by the National Assembly may not be presented again during the same session.
Article 110
A member of the National Assembly is free to express his opinions and ideas to the Assembly or its committees, and he may not be held accountable for that under any circumstances.
Article 111
It is not permissible during a session, other than in the case of flagrante delicto, to take investigation, inspection, arrest, imprisonment, or any other penal action against a member except with the permission of the Council, and the Council must be notified of any penal measures that may be taken during its session as previously mentioned. He must also be notified at all times at its first meeting of any action taken in his absence against any of its members. In all cases, if the Council does not issue its decision regarding the request for permission within one month from the date it reaches it, this will be considered as permission.
Article 112
It is permissible to submit a request signed by five members to present a general topic to the National Assembly for discussion in order to clarify the governmentโs policy on it and exchange opinions regarding it, and all other members have the right to participate in the discussion.
Article 113
The National Assembly has the right to express wishes to the government on public matters, and if the government is unable to implement these wishes, it must explain to the Assembly the reasons for doing so, and the Assembly may comment once on the governmentโs statement.
Article 114
The National Assembly has the right at all times to form investigation committees or assign one or more of its members to investigate any matter within the jurisdiction of the Assembly. Ministers and all state employees must submit the certificates, documents, and statements requested of them.
Article 115
The Council forms, within its annual committees, a special committee to examine the petitions and complaints sent by citizens to the Council. The committee seeks clarification of the matter from the competent authorities and informs the concerned party of the result. A member of the National Assembly may not interfere in the work of either the judicial or executive authorities.
Article 116
The Prime Minister and the ministers are heard in the National Assembly whenever they request to speak, and they may seek the assistance of whomever they want from senior officials or deputize them on their behalf. The Council may request the presence of the competent minister when discussing a matter related to his ministry. The Ministry must be represented in Council sessions by its Chairman or some of its members.
Article 117
The National Assembly shall establish its internal regulations, including the system of conduct of work in the Assembly and its committees, the principles of discussion, voting, questioning, interrogation, and other powers stipulated in the Constitution. The internal regulations state the penalties imposed on a member who violates the system or fails to attend council or committee sessions without a legitimate excuse.
Article 118
Maintaining order within the National Assembly is the responsibility of its Speaker, and the Assembly shall have a special guard that obeys the orders of the Speaker of the Assembly. No other armed force may enter the Council or settle near its doors except at the request of its President.
Article 119
The remuneration of the Speaker of the National Assembly, his deputy, and its members shall be determined by law. In the event that these remunerations are amended, this amendment shall not be implemented except in the next legislative term.
Article 120
It is not permissible to combine membership in the National Assembly with assuming public positions, except in cases where the combination is permissible in accordance with the Constitution. In these cases, it is not permissible to combine the membership reward and the job salaries. The law specifies other cases of non-combination.
Article 121
During his term, a member of the National Assembly may not be appointed to the board of directors of a company or participate in commitments undertaken by the government or public institutions. It is also not permissible for him during that period to buy or rent money from the stateโs funds, or to lease or sell any of his money, or to barter with it, unless this is done by public bidding or bidding, or by applying the forced expropriation system.
Article 122
Members of the National Assembly are not awarded medals during their term of membership, with the exception of a member who holds a public position that is not incompatible with membership in the National Assembly.
CHAPTER FOUR: EXECUTIVE AUTHORITY
THE FIRST BRANCH: THE MINISTRY
Article 123
The Council of Ministers controls the stateโs interests, formulates the governmentโs general policy, follows up on its implementation, and supervises the progress of work in government departments.
Article 124
The law determines the salaries of the Prime Minister and the ministers. All provisions relating to ministers apply to the Prime Minister, unless otherwise stated.
Article 125
The conditions stipulated in Article 82 of this Constitution are required for whoever is appointed minister.
Article 126
Before the Prime Minister and the ministers assume their powers, they shall take the oath before the Emir stipulated in Article 91 of this Constitution.
Article 127
The Prime Minister is responsible for chairing the Council’s sessions and supervising the coordination of work between the various ministries.
Article 128
The deliberations of the Council of Ministers are confidential, and its decisions are issued in the presence of the majority of its members, with the approval of the majority of those present, and in the event of a tie in the votes, the side on which the president is in favor shall prevail. The minority is bound by the opinion of the majority unless it becomes independent. The Council’s decisions are submitted to the Emir for approval in cases that require the issuance of a decree in their regard.
Article 129
The resignation of the Prime Minister or his dismissal from his position includes the resignation of all other ministers or their dismissal from their positions.
Article 130
Each minister supervises the affairs of his ministry and implements the general policy of the government therein. He also sets the direction of the ministry and supervises its implementation.
Article 131
The Minister may not, while holding the Ministry, hold any other public position or practice, even indirectly, a liberal profession or an industrial, commercial or financial work. He is also not permitted to participate in commitments undertaken by the government or public institutions, or to combine the ministry with membership in the board of directors of any company. It is also not permissible for him during that period to buy or rent money from the stateโs funds, even by public auction, or to rent or sell any of his money or barter with it.
Article 132
A special law determines the crimes committed by ministers in the performance of their duties and specifies the procedures for accusing and trying them and the authority responsible for this trial, without prejudice to the application of other laws regarding ordinary acts or crimes committed by them, and the civil liability resulting from their actions.
Article 133
The law regulates public institutions and municipal administration bodies in a way that guarantees their independence under the direction and control of the state.
SECTION TWO: FINANCIAL AFFAIRS
Article 134
Establishing, amending and abolishing public taxes can only be done by law. No one shall be exempted from performing all or some of them in cases other than those specified by law. No one may be required to pay other taxes, fees and costs except within the limits of the law.
Article 135
The law specifies the provisions regarding the collection of public funds and the procedures for disbursing them.
Article 136
Public loans shall be concluded by law, and the state may lend or guarantee a loan by law or within the limits of the appropriations established for this purpose in the budget law.
Article 137
Public institutions and local public legal persons may lend or guarantee a loan in accordance with the law.
Article 138
The law stipulates the provisions for preserving and managing state property, the conditions for disposing of it, and the limits within which it is permissible to transfer any of this property.
Article 139
The fiscal year is determined by law.
Article 140
The state prepares a draft comprehensive annual budget for state revenues and expenditures and submits it to the National Assembly at least two months before the end of the fiscal year, for examination and approval.
Article 141
The budget will be discussed in the National Assembly section by section, and it is not permissible to allocate any revenue from public revenues for a specific purpose of expenditure except by law.
Article 142
The law may stipulate the allocation of certain amounts for more than one year, if the nature of the bank requires this, provided that the allocations for each of them are included in successive budgets, or an exceptional budget is set for it for more than one financial year.
Article 143
The budget law may not include any text that would create a new tax, increase an existing tax, amend an existing law, or avoid issuing a special law in a matter for which this Constitution stipulates that a law must be issued.
Article 144
The general budget is issued by law.
Article 145
If the budget law is not issued before the beginning of the fiscal year, the old budget will be used until it is issued. Revenues will be collected and expenses will be spent in accordance with the laws in force at the end of the aforementioned year. If the National Assembly has approved some sections of the new budget, those sections shall be implemented.
Article 146
Every expenditure not included in the budget or in excess of the estimates contained therein must be covered by law, as should the transfer of any amount from one section of the budget to another.
Article 147
In no case may the maximum spending estimates contained in the Budget Law and its amending laws be exceeded.
Article 148
The law specifies the independent and supplementary general budgets, and the provisions relating to the state budget apply to them.
Article 149
The final account of the state’s financial administration for the past year is presented to the National Assembly within the four months following the end of the fiscal year for consideration and approval.
Article 150
The government shall submit to the National Assembly a statement on the financial situation of the state at least once during each of its regular sessions.
Article 151
A financial control office shall be established by law. The law shall guarantee its independence, and it shall be attached to the National Assembly. It shall assist the government and the National Assembly in monitoring the collection of state revenues and the spending of its expenses within the limits of the budget. The office shall submit to both the government and the National Assembly an annual report on its work and observations.
Article 152
Every commitment to invest in a natural wealth resource or a public facility can only be made by law and for a limited time. The preliminary procedures ensure the facilitation of research and discovery work and the achievement of publicity and competition.
Article 153
Every monopoly is granted only by law and for a limited time.
Article 154
The law regulates currency and banking, and determines standards, measures, and balances.
Article 155
The law regulates the affairs of salaries, pensions, compensation, subsidies, and bonuses allocated to the state treasury.
Article 156
The law establishes provisions for the budgets of institutions and local bodies with public legal personality and their final accounts.
SECTION THREE: MILITARY AFFAIRS
Article 157
Peace is the goal of the state, and the safety of the homeland is a responsibility of every citizen, and it is part of the safety of the great Arab homeland.
Article 158
Military service is regulated by law.
Article 159
Only the state establishes armed forces and public security bodies in accordance with the law.
Article 160
Mobilization, general or partial, is regulated by law.
Article 161
A Supreme Defense Council shall be established to undertake defense affairs, preserve the integrity of the nation, and supervise the armed forces in accordance with the law.
CHAPTER FIVE: JUDICIAL AUTHORITY
Article 162
The honor of the judiciary, and the integrity and justice of judges, are the foundation of kingship and a guarantee of rights and freedoms.
Article 163
No party has authority over the judge in his rulings, and it is not permissible under any circumstances to interfere in the course of justice. The law guarantees the independence of the judiciary and stipulates the guarantees for judges, their rulings, and the circumstances of their non-removal.
Article 164
The law organizes courts of all types and degrees, and specifies their functions and jurisdictions. The jurisdiction of military courts, other than in cases of martial law, is limited to military crimes committed by members of the armed forces and security forces, within the limits determined by the law.
Article 165
Court sessions are public except in exceptional cases specified by law.
Article 166
The right to litigation is guaranteed to people, and the law specifies the procedures and conditions necessary to exercise this right.
Article 167
The Public Prosecution undertakes public prosecutions in the name of society, supervises judicial control affairs, and ensures the application of penal laws, the prosecution of offenders, and the execution of judgments. The law organizes this body, regulates its powers, and specifies the conditions and guarantees for those who assume its functions. Public security authorities may be entrusted by law to handle public proceedings in misdemeanors as an exception, and in accordance with the conditions specified by the law.
Article 168
The judiciary shall have a supreme council that shall be regulated by law and whose powers shall be defined.
Article 169
The law regulates the adjudication of administrative disputes by a special chamber or court. The law specifies its system and how it exercises administrative jurisdiction, including the jurisdiction of annulment and the jurisdiction of compensation for administrative decisions that violate the law.
Article 170
The law establishes the body that is responsible for expressing legal opinions to ministries and public departments, formulating draft laws and regulations, and also arranges the representation of the state and other public bodies before the judicial authorities.
Article 171
A state council may be established by law to be responsible for the administrative judiciary, fatwa, and drafting functions stipulated in the previous two articles.
Article 172
The law regulates the method of deciding disputes over jurisdiction between judicial authorities, and conflicts of rulings.
Article 173
The law designates the judicial body responsible for adjudicating disputes related to the constitutionality of laws and regulations, and specifies its powers and the procedures it follows.ย The law guarantees the right of both the government and interested parties to appeal to that authority the constitutionality of laws and regulations.ย In the event that the aforementioned authority decides that a law or regulation is unconstitutional, it shall be considered as if it did not exist.
CHAPTER FIVE: GENERAL PROVISIONS AND TEMPORARY PROVISIONS
Article 174
The Emir and one-third of the members of the National Assembly have the right to propose amending this Constitution by amending or deleting one or more of its provisions, or adding new provisions to it. If the Emir and the majority of the members who make up the National Assembly agree on the principle and subject of the revision, the Council will discuss the proposed project article by article, and for its approval the approval of two-thirds of the members who make up the Council is required. The revision will not be effective after that except after the Emir ratifies it and issues it, in exception to the provisions of the two articles. 65 and 66 of this Constitution. If the revision proposal is rejected in principle or in terms of the subject of the revision, it may not be submitted again before one year has passed since this rejection. It is not permissible to propose an amendment to this Constitution before five years have passed since its implementation.
Article 175
The provisions relating to the princely system of Kuwait and the principles of freedom and equality stipulated in this Constitution may not be proposed for revision, unless the revision is related to the title of the Emirate or to further guarantees of freedom and equality.
Article 176
The powers of the Emir stipulated in the Constitution may not be proposed for revision during his term of office.
Article 177
The application of this Constitution shall not prejudice the treaties and agreements Kuwait has entered into with states and international bodies.
Article 178
Laws shall be published in the Official Gazette within two weeks from the day of their issuance, and shall come into effect one month after the date of their publication. This period may be extended or shortened by a special provision in the law.
Article 179
The provisions of the laws apply only to what occurs from the date of their entry into force, and do not have any effect on what occurred before this date. In matters other than penal matters, the law may stipulate otherwise with the approval of the majority of the members who make up the National Assembly.
Article 180
Everything stipulated by the laws, regulations, decrees, orders and decisions in force when this Constitution comes into effect remains in effect unless it is amended or repealed in accordance with the system established in this Constitution, and provided that it does not conflict with any of its provisions.
Article 181
No provision of this Constitution may be suspended except during martial law, within the limits specified by law. It is not permissible, under any circumstances, to disrupt the session of the National Assembly during that time or to infringe upon the immunity of its members.
Article 182
This Constitution shall be published in the Official Gazette and shall come into effect from the date of the meeting of the National Assembly, provided that this meeting shall not be later than January 1963.
Article 183
Law No. 1 of 1962 regarding the Basic Law of Governance will continue in force during the transitional period, and the current members of the Constituent Assembly will continue to exercise their duties stipulated in the aforementioned law until the date of the National Assembly meeting.
