The Government

Chapter Four The Government

Article 71
The government consists of the ministers who work under the Chairmanship of the President.
Ministers are appointed by the President and shall be introduced for approval to the National Assembly.

Article 72
The person, who is appointed as the Minister, should have the following qualifications:
1. Should be the citizen of Afghanistan.
2. Should have higher education, work experience and, good reputation.
3. His age should not be less than thirty-five.
4. Should not have been convicted of crimes against humanity, criminal act, or deprivation of the civil rights by a court.

Article 73
The Ministers can be appointed from within and without the National Assembly.
If a member of the National Assembly is appointed as a minister, he loses his membership in the National Assembly, and is replaced by another person in accordance with the provisions of law.

Article 74
Prior to taking office, the minister perform the following oath in the presence of the President:
In the name of Allah, the merciful and compassionate:
"I swear in the name of God Almighty to support the provisions of the sacred religion of Islam, follow the Constitution and other laws of Afghanistan, protect the rights of citizens, and safeguard the independence, territorial integrity and national unity of Afghanistan, and consider God Almighty present in performing all my responsibilities, and honestly perform the duties assigned to me."

Article 75
The government has the following duties.
1. Execute the provision of this Constitution, other laws, and final orders of the courts.
2. Protect the independence, defend the territorial integrity, and safeguard the interests and dignity of Afghanistan in the international community.
3. Maintenance of public law and order and elimination of administrative corruption.
4. Prepare the budget, regulate financial affairs, and protect public wealth.
5. Devise and implement programs for social, cultural, economic, and technological progress.
6. Report to the National Assembly at the end of the fiscal year about the tasks accomplished and about the main plans for the new fiscal year.
7. Perform other duties as recognized by this Constitution and other laws to be duties of the government.

Article 76
In order to implement the main policies of the country, and regulation of its duties, the government shall devise and approve regulations.
These regulations should not be contradictory to the text and spirit of any law.

Article 77
As heads of administrative units and members of the government, the ministers perform their duties within the limits determined by this Constitution and other laws.
The Ministers are responsible to the President and the Wolesi Jirga for their particular duties.

Article 78
If a Minister is accused of crime against humanity, national treason or criminal act of a crime, the case shall be referred to a special court in accordance with the article 134 of this constitution.

Article 79
In cases of recess of the Wolesi Jirga, the government can adopt legislation in an emergency situation on matters other than those related to budget and financial affairs.
The legislative decrees become laws after they are signed by the President.
The legislative decrees should be submitted to the National Assembly in the course of thirty days beginning from the first session of the National Assembly.
In case of rejection by the National Assembly, the legislations become void.

Article 80
The Minister during the course of their work cannot use their posts for linguistic, regional, ethnic, religion and partisan purposes.