THE PRESIDENT OF AFGHANISTAN

THE PRESIDENT OF AFGHANISTAN

The President shall be the head of state of the Islamic Republic of Afghanistan, executing his authorities in the executive, legislative and judiciary fields in accordance with the provisions of this Constitution.  The President shall have two Vice-Presidents:

i.                    The 1^st Vice President

ii.                  The 2^nd Vice President

The Presidential candidate shall declare to the nation names of both vice presidential running mates

In case of absence, resignation or death of the President, the first Vice-President shall act in accordance with the provisions of this Constitution.  In the absence of the first Vice-President, the second Vice-President shall act in accordance with the provisions of this Constitution.

Election:

The President shall be elected by receiving more than fifty percent of votes cast by voters through free, general, secret and direct voting.

Elections for the new President shall be held within thirty to sixty days prior to the end of the presidential term.  If in the first round none of the candidates gets more than fifty percent of the votes, elections for the second round shall be held within two weeks from the date election results are proclaimed, and, in this round, only two candidates who have received the highest number of votes in the first round shall participate.  In case one of the presidential candidates dies during the first or second round of voting or after elections, but prior to the declaration of results, re-election shall be held according to provisions of the law. 

Tenure:

The President shall be elected for 5 years and can be re-elected once consecutively. The provision of this article shall also apply to Vice-Presidents.

Qualifications:

i.        Shall be a citizen of Afghanistan,

ii.      Muslim,

iii.     Born of Afghan parents and shall not be a citizen of another country; 

iv.     Shall not be less than forty years old the day of candidacy; 

v.      Shall not have been convicted of crimes against humanity, a criminal act or deprivation of civil rights by court. 

Impeachment:

The President shall be responsible to the nation as well as the House of People in accordance with the provisions of the constitution. Accusations of crimes against humanity, national treason as well as a crime against the President shall be demanded by one third of all members of the House of People. If this demand is approved by two thirds of the House of People, the House of People shall convene the Loya Jirga within one month. If the Loya Jirga, by two-thirds majority, approves the accusation, the President shall be released from duty.

The Vice Presidents:

In case of resignation, impeachment or death of the President, as well as an incurable illness impeding performance of duty, the First Vice-President shall assume authorities and duties of the President. The President shall personally tender resignation to the National Assembly. In such cases, elections for the new President shall be held within three months. The First Vice-President, in acting as interim President, shall not perform the following duties:

i.        Amend the Constitution; 

ii.      Dismiss ministers; 

iii.    Call a referendum.

The Vice-Presidents can according to the provisions of this Constitution, nominate themselves as presidential candidates.  In the absence of the President, the duties of the First Vice-President shall be determined by the President.  

President and his Ministers:

The Government shall be comprised of Ministers who work under the chairmanship of the President.  The number of Ministers as well as their duties shall be regulated by law.

The individual appointed as Minister shall have the following qualifications:

i.        Shall have only the citizenship of Afghanistan; if the ministerial candidate has the citizenship of another country as well, the House of People shall have the right to approve or reject the nomination;  

ii.      Shall have higher education, work experience as well as a good reputation; 

iii.    Shall not be less than thirty five years of age; 

iv.    Shall not have been convicted of crimes against humanity, a criminal act or deprivation of civil rights by a court.

v.      The Ministers shall be appointed from amongst members of the National Assembly or outside.  If a member of the National Assembly is appointed as Minister, that individual loses membership in the National Assembly.

The Government shall have the following duties:

i.        Execute the provisions of this Constitution, other laws, as well as the final decisions of the courts

ii.      Preserve the independence, defend the territorial integrity and safeguard the interests and prestige of Afghanistan in the international community

iii.    Maintain public law and order and eliminate every kind of administrative corruption

iv.    Prepare the budget, regulate financial conditions of the state as well as protect public wealth

v.      Devise and implement social, cultural, economic and technological development programs

vi.    Report to the National Assembly, at the end of the fiscal year, about the tasks achieved as well as important programs for the new fiscal year

vii.  Perform other duties that, in accordance with this Constitution and other laws, fall within the Government responsibilities.

Removal of the Ministers:

The Ministers shall perform their duties as heads of administrative units within the framework of this Constitution as well as other laws prescribe.  The Ministers shall be responsible to the President and House of Representatives for their specified duties. If a Minister is accused of crimes against humanity, national treason or other crimes, the case, in accordance with Article One Hundred Thirty Four of this Constitution, shall be submitted to a special court

Powers and Functions of the Afghanistan's President:

The President shall have the following authorities and duties:

Legislative Functions:

i.        Supervise the implementation of the Constitution; 

ii.      Determine the fundamental lines of the policy of the country with the approval of the National Assembly; 

iii.    Proclaim as well as terminate the state of emergency with the endorsement of the National Assembly; 

iv.    Inaugurate the sessions of National Assembly and Loya Jirga. 

v.      Endorse laws as well as judicial decrees 

vi.    Convene the Loya Jirga

vii.  (President Veto) the President can 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. 

Executive Functions:

i.                 The Commander in Chief of the armed forces of Afghanistan;

ii.                  Declare war and peace with the endorsement of the National Assembly

iii.   Take necessary decisions to defend territorial integrity and preserve independence; 

iv.             Dispatch armed forces units outside of Afghanistan with the endorsement of the National Assembly; 

v.                  Accept the resignations of vice-presidents of the Republic; 

vi.                Appoint the Ministers, the Attorney General, the Head of the Central Bank, the National Security Director as well as the Head of the Red Cross with the endorsement of the House of People, and their dismissal and acceptance of resignation; 

vii.          Appoint heads of political representatives of Afghanistan to foreign states as well as international organizations; 

viii.            Accept credentials of foreign political representatives in Afghanistan; 

ix.                Issue credential letter for conclusion of international treaties in accordance with the provisions of the law; 

x.     Establish commissions to improve the administration of the country in accordance with the provisions of the law; 

Judicial Functions:

i.                   Appoint the Justice of the Supreme Court as well as justices of the Supreme Court with the endorsement of the House of People; 

ii.         Appointing, retiring and accepting the resignation and dismissal of judges, officers of the armed forces, police, national security as well as high ranking officials according to the provisions of law; 

iii.              Reduce and pardon penalties in accordance with the provisions of the law; 

iv.          Bestow medals, insignias as well as honorary titles in accordance with the provisions of the law; 

v.                  Perform other authorities and duties enshrined in this Constitution.