THE AFGHANISTAN NATIONAL ASSEMBLY

THE AFGHANISTAN (MILLI SHURA ملی شورا) NATIONAL ASSEMBLY

The National Assembly of the Islamic Republic of Afghanistan, as the highest legislative organ, manifest the will of its people as well as represent the entire nation. Every member of the Assembly, when voting, shall judge according to the general interests as well as the supreme benefits of the people of Afghanistan.

Composition:

The National Assembly consists of two houses:

·                     House of People (Wolesi Jirga ولسي جرګه‎)

·                     House of Elders (Meshrano Jirga مشرانوجرګه‎)

No individual shall be a member of both houses at the same time.

Strength:

The House of People consist of 249 delegates.

The House of Elders has 102 members

Tenure:

The House of People elected for five years, while The House of Elders adopts a different method for different member’s retirement.

Elections:

Members of the House of People shall be elected by the people through free, general, secret and direct balloting.  The elections for members of the House of People shall be held 30-60 days prior to the expiration of the term of the House of People.

The number of the members of the House of People shall be proportionate to the population of each constituency, not exceeding the maximum of two hundred fifty individuals on average, at least two females shall be the elected members of the House of People from each province. 

Members of the House of Elders shall be elected and appointed as follows:

·         From amongst each provincial council members, one individual shall be elected by the respective council for a four year term; 

·         From amongst district councils of each province, one individual, elected by the respective councils, for a three year term; 

·         The remaining one third of the members shall be appointed by the President, for a five year term, from amongst experts and experienced personalities, including two members from amongst the impaired and handicapped, as well as two from nomads.

The President shall appoint fifty percent of these individuals from amongst women.  The individual selected as a member of the House of Elders shall lose membership to the related Council.

Qualifications:

In addition to the completion of the conditions of the election, shall have the following qualifications:

·         Shall be a citizen of Afghanistan or shall have obtained citizenship of the state of Afghanistan at least ten years prior to candidacy date or appointment; 

·         Shall not have been convicted of crimes against humanity, as well as a crime or deprivation from civil rights by a court; 

·         Shall have completed twenty-five years of age on candidacy day for the House of People, and thirty-five years on candidacy day or appointment for the House of Elders.

Presiding Officer:

Each of the two houses of the National Assembly, at the commencement of their work period, shall elect one member as president for the term of the legislature, and two members as first and second deputies and two members as secretary and assistant secretary for a period of one year. 

Session:

The National Assembly shall hold two regular sessions annually.  The term of both regular sessions shall be nine months every year, and when needed, the Assembly shall extend its term.  Extraordinary sessions of the Assembly during recess shall be convened by Presidential order. 

Both Houses of the National Assembly shall convene their sessions concurrently, but separately.  Sessions of the two Houses shall be held jointly under the following circumstances:

·         When the legislative term or annual sessions are inaugurated by the President; 

·         When deemed necessary by the President.

The President of the House of People shall preside over the joint sessions of the National Assembly. 

The sessions of the National Assembly shall be open unless the President of the Assembly or at least ten members of the National Assembly request their secrecy and the Assembly grants their request. 

Quorum:

The quorum for voting of each House of the National Assembly shall be complete with the majority presence of members and decisions shall be taken with the majority of votes of members present, unless this Constitution states otherwise. 

Powers and Functions of the Afghanistan National Assembly:

Each of the two houses of the National Assembly shall form commissions to study issues under discussion in accordance with the Regulations of Internal Duties.

The House of People shall have the authority to establish a special commission, on the proposal of one third of its members, to review as well as investigate the actions of the Government.  The composition and method of operation of the aforementioned commission shall be determined by the Regulations on Internal Duties.

The National Assembly shall have the following duties:

• ·         Formulate new laws
• ·         Ratification, modification or abrogation of laws
• ·         Approval of social, cultural, economic as well as technological development programs; 
• ·         Approval of the state budget as well as permission to obtain or grant loans; 
• ·         Creation, modification and or abrogation of administrative units; 
• ·         Ratification of international treaties and agreements, or abrogation of membership of Afghanistan in them;
• ·         Any commission of both houses of the parliament can question any Minister about special issues.  The individual questioned shall provide an oral or written response.
• ·         Law shall be what both houses of the National Assembly approve and the President endorses, unless this Constitution states otherwise.  In case the President rejects what the National Assembly has approved, the President shall send it back, within fifteen days from the date it was presented, to the House of People mentioning the reasons for rejection, and, with expiration of the period or if the House of People re-approves it with two thirds of all the votes, the draft shall be considered endorsed and enforceable. 
• ·         Proposals for drafting laws shall be first submitted to the House of People by the government.  The House of People shall consider the draft laws, including budgetary and financial affairs as well as the proposal for obtaining or granting loans, and, after debate, either approve or reject as a whole.  The House of People shall not delay more than one month the draft proposal.  The House of People, after approving the proposed draft, shall send it to the House of the Elders.  The House of Elders shall decide on it within fifteen days.
• ·         The state budget and development program of the government shall be submitted, through the House of Elders to the House of People along with its advisory views.  The decision of the House of People shall be implemented without presentation to the House of Elders, after endorsement by the President.  If for some reasons the budget is not approved before the beginning of the new fiscal year, the budget of the year before shall be applied pending the passage of the new budget.  The House of People shall not delay approval of the budget for more than one month after receiving it and give permission to obtain or grant loans not included in the budget, for more than fifteen days. If the House of People during this period does not decide on obtaining or granting loans, the proposal shall be considered approved.  If, during the sessions of the National Assembly, the annual budget, or development program, or issues related to national security, territorial integrity and independence of the country is under discussion, the sessions of the Assembly shall not end pending decision of the matter

The House of People shall have the following special authorities:

• ·         Decide about explanation session from each Minister
• ·         Decide on the development programs as well as the state budget; 
• ·         Approve or reject appointments according to provisions of this Constitution. 
• ·         The House of People, on the proposal of twenty percent of all its members, shall make inquiries from each Minister.  If the explanations given are not satisfactory, the House of People shall consider the issue of a no- confidence vote.  The no- confidence vote on a Minister shall be explicit, direct, as well as based on convincing reasons. The vote shall be approved by the majority of all members of the House of People.

In Situation of Deadlock between the two Houses:

If one House rejects decisions of the other, a joint commission comprised of an equal number of members from each House shall be formed to solve the difference.  The decision of the commission, after endorsement by the President, shall be enforced. If the joint commission does not solve the difference, the decision shall be considered rejected.  In such situation, the House of People shall pass it with two-thirds majority in its next session.  This decision, without submission to the House of Elders, shall be promulgated once endorsement by the President.