The full text of the constitutions of Afghnistan which includes ten versions of Afghanistan constitutions form 1301 to 1382 (1922 to 2003) is now printed.
This book was published in spring 1394 (2015), by Ebn-e-Sina Publication and is currently available for those interested to read about fundamental rights and constitutions of the country.
Points form preamble of the book
The concept of today’s constitution, writing, legislating and regulating has not long history.
In contemporaneous world, the oldest written constitution is the United States Constitution which ratified on 1779 and the federal constitution of the United States was ratified on 1787. The French Constitution has been written on 1791.
In the 19th century the constitutionalize movement has been expanded in the world and in the 20th century in particular after WWI and WWII simultaneous with independence of colonized countries of Asia, Africa and Europe. Ratifying (constitution writing) changed its scenario as fundament and main organ for existence of the countries and even it was recognized as independency indicators. But in Afghanistan constitutionalizing, ratifying (constitution writing) and establishing of the political systems based on constitution, has been started before 9 decades, from the initial years for the country’s independence, which historically we can account up to ten versions of the constitutions for Afghanistan. Brief chronologies of the ten constitutions are as the follows;
The 1st and 2nd constitutions of Afghanistan
The codes and laws ratification (regulation) in Afghanistan has been started from 1301 (1922). The first Afghanistan constitution scheme by the name of “Nizam Nama-e- Dowlat Alliyeh Afghanistan” was prepared in Kingdome period of the Amanullah Khan and by winter of the same year 10 Hoot 1301 (1922) was approved by all participants (782) member of the Jalal Abad’s Loya Jirga. This constitution was reviewed, moderated and approved by a few changes in Paghman Loya Jirga on 20/04/1303 to 9/05/1303 1/07/1924 to 19/07/1924. In fact the mentioned constitution could be accounted as the second constitution of Afghanistan. In Pghman Loya Jirga 1052 members were participated including Army officers, Ulama and clergies, elders and representatives of tribes. This great assembly was held in Zi-al Hijia and contemporary with Eid-ul-Aldha in Paghman district of Kabul and continued for two weeks and on this assembly along the constitution “Nizam Nama-e- Assasi” and other codes and a verity of legal, political and social issues were ratified and regulated.
The 3rd, constitution of Afghanistan
The third scheme of Afghanistan constitution was purposed in Nader Shah period through the sunbola month of 1309 (September, 1930) Loya Jirga where 525 members participated. According to late Mr. Farhang “First Nader Shah had held the Loya Jirga in Mizan 1309 (September 1930) by participation of the tribal leaders and patriarchs of urban region of Kabul city whom were selected by him. This assembly approved his absolute regime, furthermore, King Nader khan ordered they assembly to select 105 members team among them to ratify and approval of Afghanistan constitution.
The mentioned team was called National Assembly (Shura-e-Milli) on 8th Aqrab 1310 (September 1931) the new constitution was ratified and approved with 110 articles by the name “Osol-e-Assasi Dowlat-e-Allia-e- Afghanistan”.
The 4th constitution of Afghanistan
The fourth constitution of Afghanistan was written during King Zahir Shah Regime. At first on 28 March, 1963 a 7 member committee under supervision of the Justice minister Mr. Shamsuddin Majrooh established by the name of the Afghanistan Constitution committee to draft the constitution. The committee worked on drafting for a year and after completion of the draft. The “Constitution Commission” was established with 28 members’ for review and finalize. This commission reviewed and proposed draft constitution articles for one moth (from 1st, May to first May 1964) and by 18 Sunbola 1343 (September, 1964) the constitution Approval Loya Jirga was held while, 545 members were participated. By the end 29 Sunbola, 1343 the constitution version in 11 chapter and 128 articles were singed by Loya Jirga members on 9 Mizan 1343 (Middle-September, 1964) and after ten days on October, 1964 the new constitutions was signed by The King Zahir Shah and Mr. Nader Khan regimes’ constitution was announce to be abolished.
The 5th, Constitution of Afghanistan
The 5th, constitution of Afghanistan was ratified and approved in Dawood Khans; Regime. Dawood Khan after collapsing absolute system abolished the former constitution and National Assembly (Shura-e-Millli). He assigned a 41 member team to write and draft the republican constitution. The team completed the republican constitution on 26 Hoot 1354 (April, 1976), later then, on 29 Hoot same year (1354 (3th, April, 1976) another 21 member team was formed to re-review and revise the draft constitution and finally on 10 Dalw 1355 a Loya Jirga was held on (March, 1977). The Loya Jirga started its work with 325 members after 15 days work, this Loya Jirga ratified the new republican constitution on 25 Dalw 1355 in (14, April, 1977) in 13 chapter and 136 articles the Loya Jirga members have selected Mr. Dawood Khan as Afghanistan President of Republic of Afghanistan. Mr. Dawood Khan had Oath in the presence of the Loya Jirga Members on 26 Dalw, 1355 (15, April 1977) and on 5 Hoot 1355 the new constitution of Afghanistan was approved and announced to be applied.
The 6th, constitution law of Afghanistan
The 6th constitution of Afghanistan “Main principles of Democratic Republic of Afghanistan” was ratified by “the revolutionary council of the Democratic Republic of Afghanistan” on 25 Hamal 1359 (April, 1979), was applied as provisional constitution in 68 articles from first Sawor 1359 (May, 1979). The above mentioned principles were approved during the first year of Afghanistan invasion by Soviet Russian Army and at presidency of Babrak Karmal in Afghanistan. The mentioned principles were showing the thoughts and objectives of Parchams’ communist party.
The 7th and 8th constitution of Afghanistan
The seventh constitution of Afghanistan was approved in 7 and 8 Qows 1366 (December, 1987) Loya Jirga in 13 chapter and 149 articles, during the presidency of Dr. Najibullah the latest president of Khalq Party of communist regime in Afghanistan. Dr.Najibullah as Afghanistan president has singed and approved this constitution on 09/09/1366 (December 1987) and by signing of this constitution the “main principals of Democratic Republic of Afghanistan” was abolished. The seventh constitution of Afghanistan was revised and reviewed by Loya Jirga having 772 members were held on 08/03/1369 (November, 1989) which could be accounted as the 8th constitution of Afghanistan.
The 9th, constitution of Afghanistan
The 9th constitution of Afghanistan called “main principals of Islamic government of Afghanistan” was not signed and approved. This constitution was purposed by a team of about 50 selected members by the government, led by Mr. Burhanuddin Rabbani on 01/07/1372 (October, 1993). This team ratified and approved 114 articles for Afghanistan constitution; as far as this constitution was rejected by political parities and it was criticized by a verity of different layers of the society. That is why this constitution was not signed and approved by Mr. Burhanuddin Rabbani.
The 10th constitution of Afghanistan
The 10th constitution of Afghanistan was approved by Constitutional Loya Jirga on 14 Jaddi, 1382 in (February, 2003) at the Loya Jirga tent located in the polytechnic university of Kabul. Based on the decree of interim president a commission was established with nine members (including Mr. Sarwar Danesh, the author of this book) on 13 Mizan 1381 (September, 2002) to draft the constitution. The commission finalized the draft by the end of the year and on 3 Sawor 1382 another commission with 35 members was established to review the draft constitution under the decree of interim president. Finally the constitutional Loya Jirga with 502 selected and elected representatives started it work on 22 Qows to 14 Jaddi 1382 (January and February of 2003) to discuss and ratify the constitution and it was approved and announced to be applied by interim president of Islamic Republic of Afghanistan on 6 Dalw 1382 (February, 2003).
Our country during past ninety years chronologically have passed ten constitutions including the current one which is considered one of the best constitutions of the country but still there are some points that need to be revised.
As far as the constitution contents shows the legal principals and formation of legal, political, cultural and ad- ministerial systems, it could arise as a live official document as well as one of the most reliable official documents to be used by all researchers in the following fields; politic, history, economy, culture, administration and even the literature and governed political and faith thoughts. It shows the importance of the country’s constitution.
Studying of 10th constitution of Afghanistan illustrates that we’ve experienced different types of political systems in Afghanistan from Absolutism, and condiationalisime, parliamentary and Presidential basis democratic systems, to Absolute Democratic Republic as well from the Islamic Republic, Islamic Emarat and finally Islamic Republic based on Simi-presidential democratic system along experimenting of above mentioned political systems; we had different legal, economical, Ad-ministerial, cultural and social systems as well.
In a comparative study of the 10 constitutions of Afghanistan show that these constitutions explain deferent types of political system. Despite the fact that we can generally classify in three following types;
1- The constitutions of 1301 and 1303 (Nizam Nama –e Assasi) and main principals of the year 1301 (1922 and 1924, 1931) are the first generation of constitutions in Afghanistan that from formalization and contents points of view, there are a lot of similarities among them and had been applied in Afghanistan for 43 continues years despite figuring different types of political systems.
2- The constitutions of 1343, 1355 and 1366 with its trammels on 1369 and 1382 constitutions (1964, 1976 and 1987 with its trammels on 1990 and 2003) are the second and modern generation of Afghanistan constitutions despite being different political systems once gain we can see a lot of similarities among them.
3- The Democratic Main Principals which was applicable from 1359 to 1366 and the Islamic Republic principals in 1372 (from 1980 to 1987 and 1993) are the third generation of Afghanistan constitutions that each and every constitutions were approved for an interim period on behalf of two antonymous political systems and at the same time explaining the two political crisis period of the country. The comparison of the 10 constitutions three mentioned frames shows regulating of constitutional laws in Afghanistan has completed a revolving cycle. The recent Afghanistan constitution despite some defects is the completest, the most comprehensive and modern constitution of the country. This constitution has more successes to balance the “power” and “Freedom” and established harmony between States Authorities and on the other hand, the fundamental rights and Freedom of citizens and has a pluralistic view on the different political, legal, cultural and economical aspects, as well as introducing political system based on democracy and Islamic; national culture after a crisis term of political life of the Afghan people in a prefect and cycled manner. Considering the importance of 10 constitutions of Afghanistan and as far as its initials publication (expect the current constitution) are unavailable and the complete version of them were not available to all. Along my other studies and writings that I had about the fundamental rights and constitutional laws of Afghanistan, I have tried for 20 years to collect, print and deliver the complete version of the Afghanistan constitutional laws. For the first time the complete version of Afghanistan constitutional laws published on spring 1374 (1995) through the “Cultural Center of Afghanistan Authors” in Iran as soon as publishing it became unavailable again. The mentioned collection contains eight chapters including Mr. Rabbanis’ government constitution “main principals of the Islamic Government of Afghanistan” and the federal constitution which was drafted by Martyred Ustad Abdul Ali Mazari. But in first edition this collection of Afghanistan constitutional law the constitution of the year 1369 which is the renewed version of 1366 constitution (1990 constitution which is the renewed version of 1987 constitution was not published due to lack of access). On the other hand “Nizam Nama –e- Assasi” 1301 (1922 constitution) was quoted from an unreliable source that had huge differences at the same time it did not included the renewal of 1303 “Nizm Nama-e-Assasi” (1924 constitution). For the second time, the complete version of Afghanistan constitutional laws have had been republished thought the ministry of Justice (when I was working as minister during winter 1386 (2007)). This edition also included only 8 constitutions with deleting of “main principals of Islamic Government of Afghanistan” and “the draft of federal constitution of Afghanistan” and addition of 1369 (1990) and 1382 (2003) constitutions. But in this edition “Nizm Nama-e-Assasi” was quoted form the renewed version of 1303 (1924 constitution) and “Nizm Nama-e-Assasi” 1301 (1922 constitution) were not included, while in fact; the 1301 (1922 constitution) is the first constitution of Afghanistan but as soon as it was published it was unavailable soon.
Both previous versions are different from this one in covering constitutions and in contents. Furthermore, huge typing and publishing mistakes at the same time the references were not integrated with the main and basic sources. Therefore, both pervious versions had some weak points. But in the third edition version I tried my best to fulfill the mention gaps. So this edition included al 10 constitutions with integration of references to the main sources, correction of typing and publishing mistakes re-edition could be accounted more complete and concrete one available for researchers and legal experts.
I hope re-publishing this edition could be useful for those interested in legal documents, lawyer and political history students and could be accounted as source to add on reliable source to the scientific and legal libraries.
Kabul- Spring 2015