The late Amir Sheikh Abdullah Al-Salem Al-Sabah declared on the 11th of November, 1962, the new constitution which contains 183 items in five parts:
- The state and the system of government
- The basic rights of the Kuwaiti Society
- Civil rights and obligations
- The powers of the State
- General and transitional provisions.
According to Article 1, Kuwait is an Arab,
independent, and sovereign state. Neither its sovereignty nor any part
of its territory shall be ceded. The people of Kuwait are a part of the
Arab nation and the official language is Arabic (Article 3).
Articles
Article 1
Kuwait is an independent sovereign Arab State. Neither its
sovereignty nor any part of its territory may be relinquished. The
people of Kuwait are a part of the Arab Nation.
Article 2
The religion of the State is Islam, and the Islamic Sharia shall be a main source of legislation.
Article 3
The official language of the State is Arabic.
Article 4
Kuwait is a hereditary Emirate, the succession to which shall be in
the descendants of the late Mubarak Al-Sabah. The Heir Apparent shall be
designated within one year, at the latest, from the date of accession
of the Amir. His designation shall be effected by an Amiri Order upon
the nomination of the Amir and the approval of the National Assembly
which shall be signified by a majority vote of its members in a special
sitting. In case no designation is achieved in accordance with the
foregoing procedure, the Amir shall nominate at least three of the
descendants of the late Mubarak al-Sabah of whom the National Assembly
shall pledge allegiance to one as Heir Apparent. The Heir Apparent shall
have attained his majority, be of sound mind and a legitimate son of
Muslim parents. A special law promulgated within one year from the date
of coming into force of this Constitution shall lay down the other rules
of succession in the Emirate. The said law shall be of a constitutional
nature and therefore shall be capable of amendment only by the
procedure prescribed for amendment of the Constitution.
Article 5
The flag, emblem, badges, decorations and National Anthem of the State shall be specified by law.
Article 6
The System of Government in Kuwait shall be democratic, under which
sovereignty resides in the people, the source of all powers. Sovereignty
shall be exercised in the manner specified in this Constitution.
Article 7
Justice, Liberty and Equality are the pillars of Society; co-operation and mutual help are the firmest bonds between citizens.
Article 8
The State safeguards the pillars of Society and ensures security, tranquility and equal opportunities for citizens.
Article 9
The family is the corner-stone of Society. It is founded on religion,
morality and patriotism. Law shall preserve the integrity of the
family, strengthen its ties and protect under its auspices motherhood
and childhood.
Article 10
The State cares for the young and protects them from exploitation and from moral, physical and spiritual neglect.
Article 11
The State ensures aid for citizens in old age, sickness or inability
to work. It also provides them with services of social security, social
aid and medical care.
Article 12
The State safeguards the heritage of Islam and of the Arabs and contributes to the furtherance of human civilization.
Article 13
Education is a fundamental requisite for the progress of society, assured and promoted by the State.
Article 14
The State shall promote science, letters and the arts and encourage scientific research therein.
Article 15
The State cares for Public health and for means of prevention and treatment of diseases and epidemics.
Article 16
Property, capital and work are fundamental constituents of the social
structure of the State and of the national wealth. They are all
individual rights with a social function as regulated by law.
Article 17
Public property is inviolable and its protection is the duty of every citizen.
Article 18
Private property is inviolable. No one shall be prevented from
disposing of his property except within the limits of law. No property
shall be expropriated except for the public benefit in the circumstances
and manner specified by law, and on condition that just compensation is
paid. Inheritance is a right governed by the Islamic Sharia.
Article 19
General confiscation of the property of any person shall be
prohibited.Confiscation of particular property as a penalty may not be
inflicted except by a court judgment in the circumstances specified by
law.
Article 20
The national economy shall be based on social justice. It is founded
on fair co-operation between public and private activities. Its aim
shall be economic development, increase of productivity, improvement of
the standard of living and achievement of prosperity for citizens, all
within the limits of law.
Article 21
Natural resources and all revenues therefore are the property of the
State. It shall ensure their preservation and proper exploitation due
regard being given to the requirements of State security and the
national economy.
Article 22
Relations between employers and employees and between landlords and
tenants shall be regulated by law on economic principles, due regard
being given to the rules of social justice.
Article 23
The State shall encourage both co-operative activities and savings, and supervise the system of credit.
Article 24
Social justice shall be the basis of taxes and public imposts.
Article 25
The State shall ensure the solidarity of society in shouldering burdens
resulting from public disasters and calamities and provide compensation
for war damages or injuries received by any person as a result of the
discharge of his military duties.
Article 26
Public office is a national service entrusted to those who hold it.
Public officials, in the exercise of their duties, shall aim at the
public interest.Aliens may not hold public offices except in the cases
specified by law.
Article 27
Kuwaiti nationality shall be defined by law. No deprivation or
withdrawal of nationality may be effected except within the limits
prescribed by law.
Article 28
No Kuwaiti may be deported from Kuwait or prevented from returning thereto.
Article 29
All people are equal in human dignity, and in public rights and
duties before the law, without distinction as to race, origin, language
or religion.
Article 30
Personal liberty is guaranteed.
Article 31
No person shall be arrested, detained, searched or compelled to
reside in a specified place, nor shall the residence of any person or
his liberty to choose his place of residence or his liberty of movement
be restricted, except in accordance with the provisions of law.No person
shall be subjected to torture or to degrading treatment.
Article 32
No crime and no penalty may be established except by virtue of law,
and no penalty may be imposed except for offences committed after the
relevant law has come into force.
Article 33
Penalty is personal.
Article 34
An accused person is presumed innocent until proven guilty in a legal
trial at which the necessary guarantees for the exercise of the right
of defense are secured. The infliction of physical or moral injury on an
accused person is prohibited.
Article 35
Freedom of belief is absolute. The State protects the freedom of
Practicing religion in accordance with established customs, provided
that it does not conflict with public policy or morals.
Article 36
Freedom of opinion and of scientific research shall be guaranteed.
Every person shall have the right to express and propagate his opinion
verbally, in writing or otherwise, in accordance with the conditions and
procedures specified by law.
Article 37
Freedom of the press, printing and publishing shall be guaranteed in accordance with the conditions and manner specified by law.
Article 38
Places of residence shall be inviolable. They may not be entered
without the permission of their occupants except in the circumstances
and manner specified by law.
Article 39
Freedom of communication by post, telegraph and telephone and the
secrecy thereof shall be guaranteed; accordingly censorship of
communications and disclosure of their contents shall not be permitted
except in the circumstances and manner specified by law.
Article 40
Education is a right for Kuwaitis, guaranteed by the State in
accordance with law and within the limits of public policy and morals.
Education in its preliminary stages shall be compulsory and free in
accordance with law.
Law shall lay down the necessary plan to eliminate illiteracy.
The State shall devote particular care to the physical, moral and mental development of youth.
Article 41
Every Kuwaiti has the right to work and to choose the type of his work.
Work is a duty of every citizen necessitated by personal dignity and
public good. The State shall endeavor to make it available to citizens
and to make its terms equitable.
Article 42
There shall be no forced labour except in the cases specified by law for national emergency and with just remuneration.
Article 43
Freedom to form associations and unions on a national basis and by
peaceful means shall be guaranteed in accordance with the conditions and
manner specified by law. No one may be compelled to join any
association or union.
Article 44
Individuals shall have the right of private assembly without
permission or prior notification, and the police may not attend such
private meetings.
Public meetings, processions and gatherings shall be permitted in
accordance with the conditions and manner specified by law, provided
that their purpose and means are peaceful and not contrary to morals.
Article 45
Every individual shall have the right to address the public
authorities in writing over his signature. Only constituted
organizations and bodies corporate shall have the right to address the
authorities collectively.
Article 46
Extradition of political refugees is prohibited.
Article 47
National defence is a sacred duty, and military service is an honour for citizens which shall be regulated by law.
Article 48
Payment of taxes and public imposts is a duty in accordance with law
which shall regulate exemption of small incomes from taxes in such a way
as to maintain the minimum standard of living.
Article 49
Observance of public order and respect for public morals are a duty incumbent upon all inhabitants of Kuwait.
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 the 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.
If 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 therefore. 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 lin 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: The National Assembly
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 whole 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. & #129 , 94”
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 the remainder of its term.
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 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 flagrant delicto, no measures of inquiry, search,
arrest, detention or any other penal measure may be taken against a
member while 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.
Article 112
Upon a request signed by five members, any subject of general
interest may be put to the National Assembly for discussion with a view
to Securing Clarification of the Government’s policy and to exchanging
views thereon.
All other members shall also have the right to participate in the discussion.
Article 113
The National Assembly may express to the Government wishes regarding
public matters. If the Government cannot comply with these wishes, it
shall state to the Assembly the reasons thereof. The Assembly may
comment once on the Government’s statement.
Article 114
The National Assembly shall at all times have the right to set up
committees of inquiry or to delegate one or more of its members to
investigate any matter within its competence. Ministers and all
Government officials must produce testimonials, documents and statements
requested from them.
Article 115
The Assembly shall set up, among its annual standing committees, a
special committee to deal with petitions and complaints submitted to the
Assembly by citizens. The committee shall seek explanation thereon from
the competent authorities and shall inform the person concerned of the
result.
A member of the National Assembly may not interfere with the work of either the Judicial or the Executive Power.
Article 116
The Prime Minister and Ministers shall be given the floor whenever
they ask for it. They may call for assistance upon any senior officials
or depute them to speak on their behalf. The Assembly may ask for a
Minister to be present whenever a matter relating to his ministry is
under discussion. The Cabinet shall be represented in the sittings of
the Assembly by the Prime Minister or by some Ministers.
Article 117
The National Assembly shall lay down its standing orders which shall
include the procedure of the Assembly and its committees, and the rules
pertaining to discussion, voting, questions, interpellation and all
other functions prescribed in the Constitution. The standing orders
shall prescribe the sanctions to be imposed on any member who violates
order or absents himself from the meetings of the Assembly or the
committees without a legitimate excuse.
Article 118
The maintenance of order in the National Assembly shall be the
responsibility of its President. The Assembly shall have a special guard
under the authority of the President of the Assembly.
No armed forces may enter the Assembly or be stationed close to its gates unless so requested by the President.
Article 119
The remuneration of the President of the National Assembly, the
Deputy President and the Members shall be fixed by law. In the event of a
modification of the said remuneration, such modification shall not take
effect until the next legislation term.
Article 120
Membership of the National Assembly shall be incompatible with public
office except in the cases where compatibility is permitted in
accordance with the Constitution. In such cases the right to the
remuneration for membership and the right to the salary of the public
office shall not be cumulated.
The law shall specify other cases of incompatibility.
Article 121
During his mandate a member of the National Assembly shall not be
appointed on the board of directors of a company, nor shall he
participate in concessions granted by the Government or by public
bodies.
Further, during the said mandate, he shall not buy or rent any
property of the State, nor shall he bet, sell or barter any of his
property to the Government, except by public auction or tender, or in
compliance with the system of compulsory acquisition.
Article 122
During their mandate, members of the National Assembly with the
exception of those occupying a public office not incompatible with the
membership of the National Assembly, may not be awarded decorations.
Chapter IV The Executive Power
Article 123
The Council of Ministers shall have control over the departments of
the State. It shall formulate the general policy of the Government,
pursue its execution and supervise the conduct of work in Government
departments.
Article 124
A law shall determine the remuneration of the Prime Minister and the Ministers.
All other provisions regarding Ministers shall apply to the Prime Minister unless otherwise stated.
Article 125
A Minister shall satisfy the qualifications laid down in Article 82 of this Constitution.
Article 126
Before assuming office the Prime Minister and Ministers shall take
before the Amir the Oath specified in Article 91 of this Constitution.
Article 127
The Prime Minister shall preside over the meetings of the Council of
Ministers and supervise the co-ordination of work among the various
ministries.
Article 128
Deliberations of the Council of Ministers shall be secret.
Resolutions shall be passed only when the majority of its members are
present and with the approval of the majority of those present. In case
of an equal division of votes the side on which the Prime Minister has
voted shall prevail.
Unless they resign, the minority shall abide by the opinion of the majority.
Resolutions of the Council of Ministers shall be submitted to the
Amir for approval in cases where the issue of a decree is required.
Article 129
The resignation of the Prime Minister or his removal from office
shall involve the resignation or removal of all other Ministers.
Article 130
Every Minister supervises the affairs of his ministry and executes
therein the general policy of the Government. He also formulates
directives for the ministry and supervises their execution.
Article 131
(1) While in office, a Minister may not hold any other public office
or practice, even indirectly, any profession, or undertake any
industrial, commercial, or financial business. Furthermore, he may not
participate in any concession granted by the Government or by public
bodies or cumulate the ministerial post with membership of the board of
directors of any company.
(2) In addition, during the said period, a Minister may not buy or
otherwise acquire any property of the State even by public auction, nor
may he let, sell, or switch any of his property to the Government.
Article 132
A special law defines the offences which may be committed by
Ministers in the performance of their duties, and specifies the
procedure for their indictment and trial and the competent authority for
the said trial, without affecting the application of other laws to
their ordinary acts or offences and to the civil liability arising there
from.
Article 133
The law regulates general and municipal self-governing bodies in such
a way as to ensure their independence under the direction and
supervision of the Government.
Article 134
No general tax may be established, amended, or abolished except by a
law. No one may be exempted, wholly or partially, from the duty to pay
such taxes except in the cases specified by law. No one may be required
to pay any other tax, fee, or imposition except within the limits of
law.
Article 135
The law prescribes rules for the collection of public funds and the procedure for their expenditure.
Article 136
Public loans are concluded by a law. The Government may grant or
guarantee a loan by a law, or within the limits of the funds
appropriated for the said purpose in the budget.
Article 137
General and local self-governing bodies may grant or guarantee loans according to law.
Article 138
The law lays down the rules for the protection of State properties,
their administration, the conditions of their disposal, and the limits
within which any of these properties may be relinquished.
Article 139
The financial year is fixed by law.
Article 140
The Government draws up the annual budget, comprising the revenue and
expenditure of the State, and submits it to the National Assembly for
examination and approval at least two months before the end of each
current financial year.
Article 141
(1) The budget shall be discussed in the National Assembly part by part.
(2) None of the public revenues may be allocated for a specific purpose except by law.
Article 142
Specific funds may be appropriated by law for more than one year if
the nature of the expenditure so requires, provided that each budget
shall include the funds allocated for that year, or alternatively, an
extraordinary budget covering more than one financial year shall be
drawn up.
Article 143
The budget law may not include any provisions establishing a new tax,
increasing an existing tax, amending an existing law, or evading the
issue of a special law on a matter in respect of which the Constitution
provides that a law should be issued.
Article 144
The budget shall be issued by a law.
Article 145
(1) If the budget law has not been promulgated before the beginning
of the financial year, the preceding budget applies until the new one is
issued and revenues are collected and disbursements made in accordance
with laws in force at the end of the preceding year.
(2) However, if the National Assembly has approved one or more parts of the new budget, they are put into effect.
Article 146
Any expenditure not included in the budget, or in excess of the
budget appropriations, as well as the transfer of any fund from one part
of the budget to another, must be effected by law.
Article 147
In no case may the maximum estimate of expenditure, included in the budget law or the laws amending it, be exceeded.
Article 148
The general budgets, both independent and annexed, must be specified
by law to which the provisions regarding the budget of the State apply.
Article 149
The final accounts of the financial administration of the State for
the preceding year are submitted, within four months following the end
of the said year, to the National Assembly for consideration and
approval.
Article 150
The government submits to the National Assembly, at least once during
each ordinary session, a statement upon the financial position of the
State.
Article 151
A financial control and audit commission is established by a law,
which ensures its independence. The commission is attached to the
National Assembly and assists the government and the National Assembly
in controlling the collection of the State revenues and the disbursement
of its expenditures within the limits of the budget. The commission
submits to both the Government and the National Assembly an annual
report on its activities and its observations.
Article 152
No concession for exploitation of either a natural resource or a
public service may be granted except by a law and for a limited period.
In this respect, the preparatory measures facilitate the operations of
prospecting and exploration and ensure publicity and competition.
Article 153
No monopoly may be granted except by a law and for a limited period.
Article 154
Currency and banking as well as standards, weights, and measures are regulated by law.
Article 155
Law regulates salaries, pensions, compensation, subsidies, and gratuities, which are a charge on the State treasury.
Article 156
Provisions relating to the budgets and the final accounts of local
bodies and authorities which have a public legal personality are
determined by law.
Article 157
Peace is the aim of the State, and the safeguard of the integrity of
the Country, which is part of the integrity of the Greater Arab World,
is a trust devolving upon every citizen.
Article 158
Military service is regulated by law.
Article 159
The State alone may establish armed forces and public security bodies and that in accordance with law.
Article 160
Mobilization, general or partial, are regulated by law.
Article 161
A Supreme Defense Council is set up to conduct affairs relating to
defense, to the safeguard of the integrity of the Country, and to the
supervision of the armed forces, in accordance with law.
—————————–Chapter V: The Judicial Power
Article 162
The honor of the Judiciary and the integrity and impartiality of
judges are the bases of rule and a guarantee of rights and liberties.
Article 163
In administering justice, judges are not subject to any authority. No
interference whatsoever is allowed with the conduct of justice. Law
guarantees the independence of the Judiciary and states the guarantees
and provisions relating to judges and the conditions of their
irrevocability.
Article 164
Law regulates the Courts of various kinds and degrees and specifies
their functions and jurisdiction. Except when Martial Law is in force,
Military Courts have jurisdiction only over military offences committed
by members of the armed and security forces within the limits specified
by law.
Article 165
Sittings of the Courts are to be public, except for the cases prescribed otherwise by law.
Article 166
The right of recourse to the Courts is guaranteed to all people. Law
prescribes the procedure and manner necessary for the exercise of this
right.
Article 167
(1) The Public Prosecution Office conducts penal charges on behalf of
society. It supervises the affairs of judicial police, the enforcement
of penal laws, the pursuit of offenders, and the execution of judgments.
Law regulates this body, lays down its duties, and defines the
conditions and guarantees for those who assume its functions.
(2) As an exception, law may entrust to the public security
authorities the conduct of prosecutions in misdemeanors in accordance
with the manner prescribed by law.
Article 168
The Judiciary has a Supreme Council which is regulated, and its duties defined, by law.
Article 169
The law regulates the settlement of administrative suits by means of a
special Chamber or Court, and prescribes its organization and the
manner of assuming administrative jurisdiction including the power of
both nullification and compensation in respect of administrative acts
contrary to law.
Article 170
The law organizes the body which renders legal advice to ministries
and public departments and drafts bills and regulations. Law also
regulates the representation of the State and other public bodies before
the Courts.
Article 171
A Council of State may be established by a law to assume the
functions of administrative jurisdiction, rendering legal advice, and
drafting bills and regulations, mentioned in the preceding two Articles.
Article 172
The method of resolving conflicts of jurisdiction or of judgments between the various kinds of Courts are prescribed by law.
Article 173
(1) The law specifies the judicial body competent to deciding
disputes relating to the constitutionality of laws and regulations and
determines its jurisdiction and procedure.
(2) The law ensures the right of both the Government and the
interested parties to challenge the constitutionality of laws and
regulations before the said body.
(3) If the said body decides that a law or a regulation is unconstitutional, it is considered null and void.
Article 174
1. The Amir or one-third of the members of the National Assembly have the right.
2. To propose a revision of the Constitution by amending or deleting one or more of its provisions or by adding new provisions.
3. If the Amir and the majority of the members constituting the
National Assembly approve the principle of revision and its subject
matter, the Assembly debates the bill article by article. Approval by a
two-thirds majority vote of the members constituting the Assembly is
required for the bill to be passed. The revision comes into force only
after being sanctioned and promulgated by the Amir regardless of the
provisions of Articles 65 and 66.
4. If the principle of revision or its subject matter is rejected, it
may not be presented again before the lapse of one year from the
rejection.
5. No amendment to this Constitution may be proposed before the lapse of five years from its coming into force.
Article 175
The provisions relating to the Amiri System in Kuwait and the
principles of liberty and equality, provided for in this Constitution,
may not be proposed for revision except in relation to the title of the
Emirate or to increase the guarantees of liberty and equality.
Article 176
The powers of the Amir, specified in this Constitution, may not be proposed for revision when a Deputy Amir is acting for him.
Article 177
The application of this Constitution does not affect treaties and
conventions previously concluded by Kuwait with other States and
international organizations.
Article 178
Laws are published in the Official Gazette within two weeks of their
promulgation and come into force one month after their publication. The
latter period may be extended or reduced for any law by a special
provision included in it.
Article 179
The laws are applicable to that which takes place after the date of
their coming into force, and thus have no effect in respect of what has
taken place before such date. However, in other than penal matters, a
law may, with the approval of a majority vote of the members
constituting the National Assembly, prescribe otherwise.
Article 180
All provisions of laws, regulations, decrees, orders, and decisions,
in effect upon the coming into force of this Constitution, continue to
be applicable unless amended or repealed in accordance with the
procedure prescribed in this Constitution, provided that they are not
contrary to any of its provisions.
Article 181
No provision of this Constitution may be suspended except when
Martial Law is in force and within the limits specified by the law.
Under no circumstances may the meetings of the National Assembly be
suspended, nor shall the immunities of its members be interfered with
during such period.
Article 182
This Constitution shall be published in the Official Gazette and
comes into force on the date of the meeting of the National Assembly,
which shall not be later than January 1963.
Article 183
Law Number I of 1962 concerning the system of Government during the
period of transition continues to be in force, and the present members
of the Constituent Assembly continue in the exercise of their duties
specified in the said law, until the meeting of the National Assembly.
Abdullah Al-Salim AI-Subah
Amir of the State of Kuwait
Issued at the Seif Palace on the: 14th of Jumada al-Thani, 1382,
Corresponding to the: 11th of November, 1962