Chapter Three The President
The President is the head of the state of the Islamic Republic of Afghanistan, and conducts his authorities in executive, legislative, and judiciary branches in accordance with the provisions of this Constitution.
The President is responsible to the nation.
The President shall have one Vice President.
The President on his candidacy shall declare the name of the Vice President to the nation.
The Vice President in the absence, resignation, and or death of the President, acts in accordance with the provisions of this constitution.
The President is elected by receiving more than 50% of the votes cast through free, general, secret, and direct voting.
The presidential term is expired at the first of (Jawza) of the fifth years after the elections.
Elections for the new president are held within thirty, to sixty days before the end of the presidential term.
If none of the candidates succeeds to receive more than 50% of the votes in the first round, a run-off election shall be held within two weeks.
In this round, only two candidates with the highest number of votes will participate.
In the run-off, the candidate who gets the majority of the votes shall be elected as the President.
In case of death of one of the candidates before the first or second round, or prior to the announcement of the results of elections, new elections shall be held in accordance with the provisions of law.
The elections for the post of president shall be held under the supervision of the Independent Commission supervising of the Elections.
This commission shall be established to supervise all kinds of elections and referendums in the country, in accordance with the provisions of law.
Presidential candidates should posses the following qualifications:
1. Should be citizen of Afghanistan, Muslim and born of Afghan parents, and should not have citizenship of another country.
2. On the day of becoming a candidate, his age should not be less than forty years.
3. Should not have been convicted of crimes against humanity, criminal act, or deprivation of the civil rights by a court.
No one can be elected as president for more than two terms.
The provision of this article is applied to the Vice President as well.
The President-elect, prior to resumption of his/her duties, performs the following oath of allegiance in the presence of members of the National Assembly and the chief justice:
"In the name Allah, the Merciful, the Compassionate
In the name Allah Almighty, in the presence of you representatives of the nation of Afghanistan, I swear to obey and safeguard the provisions of the sacred religion of Islam, to observe the Constitution and other laws of Afghanistan and supervise their implementation; to safeguard the independence, national sovereignty, and the territorial integrity of Afghanistan and the fundamental rights and interests of the people of Afghanistan, and with the assistance of God and the support of the nation, to make great and sincere efforts for the happiness and progress of the people of Afghanistan."
The power and duties of the President are as follows:
1. Supervising the implementation of the Constitution.
2. Determining the fundamental policies of the state.
3. Being the Command-in-Chief of the armed forces of Afghanistan.
4. Declaration of war and ceasefire with the approval of the National Assembly.
5. Taking the required decision during defending of territorial integrity and protecting of the independence.
6. Sending contingents of the armed forces to foreign countries with the approval of the National Assembly.
7. Convening Loya Jirga except in a situation stated in Article Sixty-eight of this Constitution.
8. Declaring the state of emergency and ending it with the approval of the National Assembly.
9. Inaugurating the National Assembly and the Loya Jirga.
10. Accepting resignation of the Vice President.
11. Appointing of Ministers and the Attorney General with the approval of the Wolesi Jirga, and acceptance of their dismissal and resignation.
12. Appointing the head and members of the Supreme Court with the approval of the Wolesi Jirga.
13. Appointment, retirement and acceptance of resignation and dismissal of judges, officers of the armed forces, police, national security, and high-ranking officials in accordance with the law.
14. Appointment of heads of diplomatic missions of Afghanistan in foreign countries and international organizations.
15. Accepting the credentials of diplomatic missions in Afghanistan.
16. Signing of laws and legislative decrees.
17. Issuing credential letter for the conclusion of bi-lateral and international treaties in accordance with the provisions of law.
18. Reducing and pardoning penalties in accordance with law.
19. Issuing medals and honorary titles in accordance with the provision of law.
20. Appointment of the Governor of De Afghanistan Central Bank with the approval of the Wolesi Jirga.
21. The establishment of commissions for the improvement of the administrative condition of the country, in accordance with law.
22. Exercising other authorities in accordance with the provisions of this Constitution.
The President can call for a referendum on important national, political, social or economic issues.
Call for referendum shall not be contrary to the provisions of this constitution or for the amendment of it.
The President takes into consideration the supreme interests of the people of Afghanistan while enforcing the powers stated in this Constitution.
The President cannot sell or bestow state properties without the provisions of the law.
The President cannot act based on linguistic, ethnic, religious, political, and regional considerations during his term in office.
In case of resignation, impeachment, or death of the President, or of a serious illness that could hinder the performance of duties, the Vice President undertakes his duties and authorities.
The President declares his resignation personally to the National Assembly.
The serious illness shall be proved by an authorized medical committee appointed by the Supreme Court.
In this case, election for the new President shall be held within the period of three months in accordance with the article 61 of this constitution.
During the time when the Vice President fills in as the interim President, he cannot perform the following:
1. Amendment of the constitution
2. Dismissal of ministers.
3. Call for a referendum.
During this period the Vice President can nominate himself as a candidate for the post of President in accordance with the provisions of this constitution.
In the absence of the President, the duties of the Vice President shall be determined by the President.
In case of resignation and or death of the Vice President, another person shall replace him by the proposal of the President and approval of the Wolesi Jirga.
In case of simultaneously death of the President and Vice President, his duties shall be implemented by the Chair of the Meshrano Jirga and in the absence of the chair of the Meshrano Jirga, Chair of the Wolesi Jirga, and in the absence of the Chair of the Wolesi Jirga, the Foreign Minister shall take the duties of the President in accordance with the article 67 of this constitution.
Accusations of crime against humanity, national treason or crime can be leveled against the President by one third of the members of the Wolesi Jirga.
If two third of the Wolesi Jirga votes for charges to be brought forth, the Wolesi Jirga shall convene a Loya Jirga within one month.
If the Loya Jirga approve the accusation by a two-thirds majority of votes the President is then dismissed, and the case is referred to a special court.
The special court is composed of three members of the Wolesi Jirga, and three members of the Supreme Court appointed by the Loya Jirga and the Chair of the Meshrano Jirga.
The lawsuit is conducted by a person appointed by the Loya Jirga.
In this situation, the provisions of Article 67 of this Constitution are applied.
The salary and expenditures of the President are regulated by law.
After expiration of his term, the President is entitled to financial benefits of the presidency for the rest of his life in accordance with the law except in the case of dismissal.