$Unique_ID{bob00380} $Pretitle{} $Title{Kuwait Constitution. Part 4} $Subtitle{} $Author{Abdullah Al-Salim Al-Subah} $Affiliation{Emir of Kuwait} $Subject{assembly article national amir law members minister session within constitution} $Date{1989} $Log{} Title: Kuwait Book: The Constitution of the State of Kuwait Author: Abdullah Al-Salim Al-Subah Affiliation: Emir of Kuwait Date: 1989 Constitution. Part 4 PART IV POWERS Chapter I - General Provisions Article 50 The system of Government is based on the principle of separation of powers functioning in co-operation with each other in accordance with the provisions of the Constitution. None of these powers may relinquish all or part of its competence specified in this Constitution. Article 51 Legislative power shall be vested in the Amir and National Assembly in accordance with the Constitution. Article 52 Executive power shall be vested in the Amir, the Cabinet and the Ministers, in the manner specified by the Constitution. Article 53 Judicial power shall be vested in the Courts, which shall exercise it in the name of the Amir within the limits of the Constitution. Chapter II - The Head of State Article 54 The Amir is the head of the State. His person shall be immune and inviolable. Article 55 The Amir shall exercise his powers through his Ministers. Article 56 The Amir shall, after the traditional consultations, appoint the Prime Minister and relieve him of office. The Amir shall also appoint Ministers and relieve them of office upon the recommendation of the Prime Minister. Ministers shall be appointed from amongst the members of the National Assembly and from others. The number of Ministers in all shall not exceed one-third of the number of the members of the National Assembly. Article 57 The Cabinet shall be re-constituted in the manner specified in the preceding Article at the beginning of every legislative term of the National Assembly. Article 58 The Prime Minister and the Ministers shall be collectively responsible to the Amir for the general policy of the State. Every Minister shall also be individually responsible to the Amir for the affairs of his ministry. Article 59 The Law referred to in Article 4 of this Constitution shall specify the conditions under which the Amir shall exercise his constitutional powers. Article 60 Before assuming his powers the Amir shall take the following oath at a special sitting of the National Assembly: "I swear by Almighty God to respect the Constitution and the laws of the State, to defend the liberties, interests and properties of the people and to safeguard the independence and territorial integrity of the Country" Article 61 In the event of his absence outside the Country and the inability of the Heir Apparent to act as Deputy for him, the Amir shall appoint, by an Amiri Order, a Deputy who shall exercise his powers during his absence. The said Amiri Order may include a specified arrangement for the exercise of the said powers on behalf of the Amir, or a limitation of their scope. Article 62 The Amir's Deputy shall satisfy the qualifications laid down in Article 82 of this Constitution. If he is a Minister or a member of the National Assembly he shall not take part in the ministerial functions or in the work of the Assembly during the period he is acting as Deputy for the Amir. Article 63 Before assuming his powers the Amir's Deputy shall, at a special sitting of the National Assembly, take the oath mentioned in Article 60 of this Constitution with the following phrase added thereto: "and be loyal to the Amir" In case the National Assembly is not in session, the Oath shall be taken before the Amir. Article 64 The provisions of Article 131 of this Constitution shall apply to the Amir's Deputy. Article 65 The Amir shall have the right to initiate, sanction and promulgate laws. Promulgation of laws shall take place within thirty days from the date of their submission by the National Assembly to the Amir. This period shall be reduced to seven days in case of urgency. Such urgency shall be decided upon by a majority vote of the members constituting the National Assembly. Official holidays shall not be counted in computing the promulgation period. In the period of promulgation expires without the Head of State demanding reconsideration, the bill shall be considered as having been sanctioned and shall be promulgated. Article 66 Reference of a bill for reconsideration shall be by a decree stating the grounds therefor. If the National Assembly confirms the bill by a two-thirds majority vote of its members the Amir shall sanction and promulgate the bill within thirty days from its submission to him. If the bill does not receive the said majority, it shall not be reconsidered during the same session. If the National Assembly, in another session, confirms the same bill by a majority vote of its members, the Amir shall sanction and promulgate the bill as law within thirty days from its submission to him. Article 67 The Amir is the Supreme Commander of the Armed Forces. He appoints and dismisses officers in accordance with law. Article 68 The Amir shall declare defensive war by decree. Offensive war is prohibited. Article 69 The Amir shall proclaim Martial Law in the cases of necessity determined by law and in accordance with the procedure specified therein. The proclamation of Martial Law shall be by decree. Such decree shall be referred to the National Assembly within the fifteen days following its issue, for a decision on the future of Martial Law. If the proclamation takes place during the period the National Assembly is dissolved it shall be referred to the new Assembly at its first sitting. Martial Law may not continue unless a decision to that effect is made by a majority vote of the members constituting the Assembly. In all cases the matter shall be referred to the National Assembly in accordance with the foregoing procedure, every three months. Article 70 The Amir shall conclude treaties by decree and shall transmit them immediately to the National Assembly with the appropriate statement. A treaty shall have the force of law after it is signed, ratified and published in the Official Gazette. However, treaties of peace and alliance; treaties concerning the territory of the State, its natural resources or sovereign rights, or public or private rights of citizens; treaties of commerce, navigation and residence; and treaties which entail additional expenditure not provided for in the budget, or which involve amendment of the laws of Kuwait; shall come into force only when made by a law. In no case may treaties include secret provisions contradicting those declared. Article 71 Should necessity arise for urgent measures to be taken while the National Assembly is not in session or is dissolved, the Amir may issue decrees in respect thereof which shall have the force of law, provided that they shall not be contrary to the Constitution or to the appropriations included in the budget law. Such decrees shall be referred to the National Assembly within the fifteen days following their issue if the Assembly is in being. If it is dissolved or its legislative term has expired such decrees shall be referred to the next Assembly at its first sitting. If they are not thus referred they shall retrospectively cease to have the force of law, without the necessity of any decision to that effect. If they are referred and the Assembly does not confirm them, they shall retrospectively cease to have the force of law, unless the Assembly approves their validity for the preceding period or settles in some other way the effects arising therefrom. Article 72 The Amir shall, by decree, issue the regulations necessary for the execution of laws without amending or suspending such laws or making any exemption from their execution. A law may prescribe less formal instrument than a decree for the issue of the regulations necessary for its execution. Article 73 The Amir shall, by decree, issue sanctions and regulations necessary for the organization of public services and administration, not conflicting with any law. Article 74 The Amir shall appoint and dismiss civil and military officials and diplomatic representatives to foreign countries in accordance with law. He shall also accept credentials of the representatives of foreign countries. Article 75 The Amir may, by decree, grant a pardon or commute a sentence. However, general amnesty shall not be granted except by a law and then only in respect of offences committed prior to the proposal of the amnesty. Article 76 The Amir shall confer Orders of Honour in accordance with law. Article 77 Coins shall be minted in the name of the Amir in accordance with law. Article 78 Upon the accession of the Head of State his annual emoluments shall be fixed by a law for the duration of his reign. Chapter III - Legislative Power Article 79 No law may be promulgated unless it has been passed by the National Assembly and sanctioned by the Amir. Article 80 The National Assembly shall be composed of fifty members elected directly by universal suffrage and secret ballot in accordance with the provisions prescribed by the electoral law. Ministers who are not elected members of the National Assembly shall be considered ex-officio members thereof. Article 81 Electoral constituencies shall be determined by law. Article 82 A member of the National Assembly shall: (a) be a Kuwaiti by origin in accordance with law. (b) be qualified as an elector in accordance with the electoral law. (c) be not less than thirty calendar years of age on the day of election. (d) be able to read and write Arabic well. Article 83 The term of the National Assembly shall be four calendar years commencing with the day of its first sitting. Elections for the new Assembly shall take place within the sixty days preceding the expiry of the said term, due regard being given to the provisions of Article 107. Members whose term of office expires may be re-elected. The term of the Assembly may not be extended except for necessity in time of war and by a law. Article 84 If, for any reason, a seat in the National Assembly becomes vacant before the end of the term, the vacancy shall be filled by election within two months from the date on which the Assembly declares the vacancy. The mandate of the new member shall last until the end of that of his predecessor. If the vacancy occurs within six months prior to the expiry of the legislative term of the Assembly no successor shall be elected. Article 85 The National Assembly shall have an annual session of not less than eight months. The said session may not be prorogued before the budget is approved. Article 86 The Assembly shall start its ordinary session during the month of October of every year upon a convocation by the Amir. If the decree of convocation is not issued before the first of the said month, the time for the meeting shall be deemed to be 9 a.m. on the third Saturday of that month. If such day happens to be an official holiday, the Assembly shall meet on the morning of the first day thereafter. Article 87 Notwithstanding the provisions of the preceding two articles the Amir shall summon the National Assembly to hold its first meeting within two weeks of the end of the general election. If the decree of convocation is not issued within the said period, the Assembly shall be deemed to have been convoked for the morning of the day following these two weeks, due regard being given to the relevant provision of the preceding Article. If the date of the meeting of the Assembly falls after the annual date mentioned in Article 86 of the Constitution, the term of the session specified in Article 85 shall be reduced by the difference between the said two dates. Article 88 The National Assembly shall, by decree, be called to an extra-ordinary session if the Amir deems it necessary, or upon the demand of the majority of the members of the Assembly. In an extraordinary session the Assembly may not consider matters other than those for which it has been convened except with the consent of the Cabinet. Article 89 The Amir shall announce the prorogation of ordinary and extra-ordinary sessions. Article 90 Every meeting held by the Assembly at a time or place other than that assigned for its meeting shall be invalid, and resolutions passed thereat shall, by virtue of law, be void. Article 91 Before assuming his duties in the Assembly or in its committees, a member of the National Assembly shall take the following oath before the Assembly in a public sitting: "I swear by Almighty God to be faithful to the Country and to the Amir, to respect the Constitution and the laws of the State, to defend the liberties, interests and properties of the people and to discharge my duties honestly and truthfully." Article 92 The National Assembly shall elect at its first sitting and for the duration of its term a Speaker and Deputy Speaker from amongst its members. If either office becomes vacant the Assembly shall elect a successor for the remainder of its terms. In all cases election shall be by an absolute majority vote of the members present. If this majority vote is not attained in the first ballot, another election shall be held between the two candidates receiving the highest number of votes. If more than one candidate receives an equal number of votes in the second place, all such candidates shall participate in the second ballot. In this case the candidate who receives the greatest number of votes shall be elected. If there is a tie in this last ballot, the choice shall be by lot. The oldest member shall preside over the first sitting until the President is elected. Article 93 The Assembly shall form, within the first week of its annual session, the committees necessary for its functions. These committees may discharge their duties during the recess of the Assembly with a view to submitting their recommendations to it when it meets. Article 94 Sittings of the National Assembly shall be public, though they may be held in secret upon the request of the Government, the National Assembly Speaker, the Assembly or ten of its members. The debate on such request shall be held in secret. Article 95 The National Assembly shall decide upon the validity of the election of its members. No election may be declared invalid except by a majority vote of the members constituting the Assembly. This jurisdiction may, by law, be entrusted to a judicial body. Article 96 The National Assembly shall be the competent authority to accept resignation of its members. Article 97 For a meeting of the National Assembly to be valid more than half of its members must be present. Resolutions shall be passed by an absolute majority vote of the members present, except in cases where a special majority is required. When votes are equally divided, the motion shall be deemed to be rejected. Article 98 Immediately upon its formation, every Cabinet shall present its programme to the National Assembly. The Assembly may make comments with regard to such a programme. Article 99 Every member of the National Assembly may put to the Prime Minister and to Ministers questions with a view to clarifying matters falling within their competence. The questioner alone shall have the right to comment once upon the answer. Article 100 Every member of the National Assembly may address to the Prime Minister and to Ministers interpellations with regard to matters falling within their competence. The debate on such an interpellation shall not take place until at least eight days have elapsed after its presentation, except in case of urgency and with the consent of the Minister concerned. Subject to the provisions of Articles 101 and 102 of the Constitution, an interpellation may lead to the question of no-confidence being put to the Assembly. Article 101 Every Minister shall be responsible to the National Assembly for the affairs of his ministry. If the Assembly passes a vote of no-confidence against a Minister, he shall be considered to have resigned his office as from the date of the vote of no-confidence and shall immediately submit his formal resignation. The question of confidence in a Minister may not be raised except upon his request or upon a demand signed by ten members, following a debate on an interpellation addressed to him. The Assembly may not make its decision upon such a request before the lapse of seven days from the presentation thereof. Withdrawal of confidence from a Minister shall be by a majority vote of the members constituting the Assembly excluding Ministers. Ministers shall not participate in the vote of confidence. Article 102 The Prime Minister shall not hold any portfolio; nor shall the question of confidence in him be raised before the National Assembly. Nevertheless, if the National Assembly decides, in the manner specified in the preceding Article, that it cannot co-operate with the Prime Minister, the matter shall be submitted to the Head of State In such a case the Amir may either relieve the Prime Minister of office and appoint a new Cabinet or dissolve the National Assembly. In the event of dissolution, if the new Assembly decides by the above-mentioned majority vote that it cannot co-operate with the said Prime Minister, he shall be considered to have resigned as from the date of the decision of the Assembly in this respect, and a new Cabinet shall be formed. Article 103 If, for any reason, the Prime Minister or a Minister vacates his office, he shall continue to discharge the urgent business thereof until his successor is appointed. Article 104 The Amir shall open the annual session of the National Assembly whereupon he shall deliver an Amiri Speech reviewing the situation of the country and the important public matters which happened during the preceding year, and outlining the projects and reforms the Government plans to undertake during the coming year. The Amir may depute the Prime Minister to open the Assembly or to deliver the Amiri Speech. Article 105 The National Assembly shall choose, from amongst its members, a committee to draft the reply to the Amiri Speech which will embody the comments and wishes of the Assembly. After the said reply has been approved by the Assembly, it shall be submitted to the Amir. Article 106 The Amir may, by a decree, adjourn the meeting of the National Assembly for a period not exceeding one month. Adjournment may be repeated during the same session with the consent of the Assembly and then once only. A period of adjournment shall not be counted in computing the duration of the session. Article 107 The Amir may dissolve the National Assembly by a decree in which the reasons for dissolution shall be indicated. However, dissolution of the Assembly may not be repeated for the same reasons. In the event of dissolution, elections for the new Assembly shall be held within a period not exceeding two months from the date of dissolution. If the elections are not held within the said period the dissolved Assembly shall be restored to its full constitutional authority and shall meet immediately as if the dissolution had not taken place. The Assembly shall then continue functioning until the new Assembly is elected. Article 108 A member of the Assembly represents the whole nation. He shall safeguard the public interest and shall not be subject to any authority in the discharge of his duties in the Assembly or in its committees. Article 109 A member of the Assembly shall have the right to initiate bills. No bill initiated by, a member and rejected by the National Assembly may be re-introduced during the same session. Article 110 A member of the National Assembly shall be free to express any views or opinions in the Assembly or in its committees. Under no circumstances shall he be held liable in respect thereof. Article 111 Except in cases of 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 authorization of the Assembly. The Assembly shall be notified of any penal measure that may be taken during its session in accordance with the foregoing provision. The Assembly shall always at its first meeting be notified of any such measure taken against any of its members while it was not sitting. In all cases, if the Assembly does not give a decision regarding a request for authorization within one month from the date of its receipt, permission shall be deemed to have been given.