Law on Independent Commission for Overseeing the Implementation of the Constitution
This Law is enacted in accordance with article One Hundred Fifty-Seven of the Constitution of Afghanistan, for the purpose of organizing affairs related to structure, authority, duties and working procedures of the Independent Commission for Overseeing the Implementation of the Constitution.
The Independent Commission for Overseeing the Implementation of the Constitution is formed within the framework of the State of Islamic Republic of Afghanistan and is entirely independent in its proceedings.
The Independent Commission for Overseeing the Implementation of the Constitution is hereinafter called the Commission.
Structure of the Commission
Structure of the commission
- The Commission, including its chairperson, consist of seven members, including women and men, who are appointed by the president, after receiving vote of confidence from the parliament, for a four-year term.
- The Commission has a Deputy and a Secretary, who are elected through secret ballot of majority votes of the members of the Commission. The Chairperson is elected for four years, while the Deputy and Secretary are elected for one year each. The Deputy and Secretary can be nominated for subsequent election.
- The Deputy and Secretary can be dismissed from their duties, through majority votes of commission members, in the following circumstances:
- Lack of competency and ability to perform duties.
- Lack of timely execution of duties.
- Limits on duties and authorities of the Chairperson, Deputy and Secretary are determined in the internal rules of procedure of the Commission.
Conditions for Membership
A member of the Commission shall full the following requirements:
- Having the Citizenship of Afghanistan.
- Having higher education, Master’s level degree or equivalent, in law or jurisprudence.
- Having at least 5-years work experience.
- Having good reputation.
- Completion of 35 years of age.
- Shall not have been convicted for felony or deprivation of civil rights
- Shall not be member of political parties or organizations while holding office.
Conditions for suspension of membership
Member of the Commission shall lose membership in the following situations:
- Incurable and chronic illness, impeding performance of duty, or deprivation of civil rights.
- Written resignation and its approval by the President.
- Engagement in other jobs while in tenure as member of the Commission (teaching in institution of higher education is an exception to this provision).
- Violation of any condition set forth article (5) of this law.
- Misuse of the official position and lack of adherence to the duty, or continuous hindrance to performance of duties, in accordance with the internal rules of procedure.
Proposal for Termination of Membership
Article Seven …………………..
Duties and authorities
of the Commission
Duties and Authorities
The Commission, in order to better oversee the implementation of the provisions of the Constitution shall have the Following duties and authorities:
- Overseeing observance and implementation of the provisions of the Constitution by the president, Government, National Assembly, Judiciary, administrative units, governmental and non-governmental organizations.
- Providing legal advice to the President and Parliament regarding issues arising from the Constitution.
- Providing specific recommendations to the President and National Assembly, in order to take necessary measures for development of legislative affairs, in the areas stipulated by the Constitution.
- Presenting report to the President, in case of observing violations and infringements of provisions of the Constitution.
- Approval of relevant rules and procedures.
The following high officials have the authority to refer cases, arising from the provisions of the Constitution, to the Commission, for expressing legal opinions:
- The President
- House of National Assembly
- The Supreme Court
- Independent Human Rights Commission, Independent Election Commission, Administrative Reform and Civil Services Commission.
Meetings of the Commission
- Quorum for the meetings of the Commissions shall be completed by the presence of five members.
- Decisions in the meetings shall be taken with majority votes of the present members. In case of even votes, the side with the chairman of the session’s votes, shall be regarded as majority.
- Regular meeting of the Commission shall be convened once a week.
- Extraordinary meetings shall be called at the request of the President, National Assembly, determination of the chairman of the Commission or at the request of three members of the Commission.
Immunity from Prosecution
Article Eleven ………..
Members of the Commission, except in cases set forth in article 6 of this law, shall not be removed from their duties until the end of their tenure.
Invitation to the Meetings
The Commission can invite governmental and non-governmental officials to their meetings in order to discuss relevant issues.
The invitees have the right to express opinions and provide advice.
- The Commission shall have a secretariat for execution of administrative affairs.
- The Secretariat is headed by a Secretary General.
- The Secretariat shall carry out its duties in accordance with the provisions of law and rules of procedures approved by the Commission.
- The Secretary General, Directors, and other staff of the Secretariat shall be recruited in accordance with the provisions of law.
- Administrative structure and budget of the Commission shall be recommended by the Commission as a part of the state budget, and shall be implemented, after completion of legal procedures and approval of the president, by the Chairperson of the Commission.
Salary and Privileges
Members of the Commission are among the high ranking government officials of the state and their salaries and privileges shall be processed.
Publishing opinions of the Commission
Article Fifteen ……………………
The Commission shall have a special seal.
This law shall be enforced from the date of its assent (by the president) and published in the Official Gazette.