Subchapter I: The Ministry
Article 123 The
Council of Ministers shall dominate the interests of the State, formulate the general policy of the Government, monitor its implementation and supervise the functioning of government departments.
The salaries of the Prime Minister and the Ministers shall be determined by law.
Unless otherwise specified, the provisions of the Ministers shall apply to the Prime Minister.
Whoever undertakes the ministry shall meet the conditions stipulated in Article 82 of this Constitution.
Before the Prime Minister and the Ministers assume their powers, they shall take before the Emir the oath stipulated in Article 91 of this Constitution.
The Prime Minister shall preside over the meetings of the Council and supervise the coordination of work between the various ministries.
The deliberations of the Council of Ministers shall be confidential, and its decisions shall be issued in the presence of the majority of its members, and with the approval of the majority of those present.
The minority is committed to the opinion of the majority unless it is independent.
The decisions of the Council shall be submitted to the Emir for ratification in cases where a decree is required.
Article 129 The
resignation or dismissal of the Prime Minister shall include the resignation or dismissal of other Ministers.
Each Minister shall supervise the affairs of his Ministry and shall implement the general policy of the Government therein.
While in office, the Minister may not pursue any other public office or engage, even indirectly, in a free profession or in industrial, commercial or financial work. It may not contribute to commitments made by the government or public institutions, or combine the ministry with membership in the board of directors of any company.
During that period, he may not buy or rent any of the State’s funds, even by public auction, or lease, sell or barter any of his property.
A special law shall determine the crimes committed by the Ministers in the performance of their functions and specify the procedures of their indictment and trial and the competent authority in this trial, without prejudice to the application of other laws in respect of their acts or ordinary crimes, and the civil liability resulting from their actions.
The law shall regulate public institutions and municipal administration bodies to ensure their independence under the guidance and supervision of the State.
SECTION II: FINANCIAL AFFAIRS
Establishment, amendment and abolition of public taxes shall be effected only by law. No one shall be exempted from all or part of its performance in cases other than those prescribed by law. No one may be charged with the payment of other taxes, fees and costs except within the limits of the law.
Article 135 The
law shall determine the provisions concerning the collection of public funds and the procedures for their disbursement.
Public loans shall be concluded by law. The State may lend or guarantee a loan by law or within the limits of the appropriations prescribed for this purpose by the Budget Law.
Public institutions and local public legal entities may lend or guarantee a loan in accordance with the law.
The law shall specify the provisions concerning the preservation and management of state property and the conditions for its disposal, and the limits within which such property may be relinquished.
The fiscal year shall be determined by law.
The State shall prepare and submit to the National Assembly at least two months before the end of the fiscal year the draft comprehensive annual budget of the State’s revenues and expenses for examination and approval.
The budget shall be discussed in the National Assembly by section. No revenue from public revenues may be allocated to a particular aspect of expenditure except by a law.
The law may provide for the allocation of certain amounts for more than one year, if the nature of the bank so requires, to include in the successive budgets the appropriations for each of them, or set an extraordinary budget for more than one fiscal year.
The budget law shall not include any provision that would create a new tax, increase in an existing tax, amend an existing law or avoid the issuance of a special law in order that this Constitution stipulates that a law should be issued in this regard.
The general budget shall be issued by law.
If the budget law is not issued before the beginning of the fiscal year, the old budget shall be applied until it is issued. Revenues and expenses shall be collected in accordance with the laws in force at the end of the said year. If the National Assembly has approved some sections of the new budget, those sections shall be applied.
All expenses not included in the budget or in excess of the estimates contained therein shall be by law, as well as the transfer of any amount from one section of the budget.
The maximum expenditure estimates contained in the budget law and the amending laws may not be exceeded.
Article 148 The
general and independent budgets shall be prescribed by law. The provisions concerning the state budget shall apply.
The final account of the State’s financial administration for the past year shall be submitted to the National Assembly within four months following the end of the fiscal year for consideration and approval.
The Government shall submit to the Council of Nation a statement on the financial situation of the State at least once during each of its ordinary sessions.
A Financial Supervision Bureau shall be established by law. The law shall guarantee its independence.
Any obligation to invest a natural resources resource or a public utility shall be limited only by law and for a limited period of time.
Any monopoly shall be granted only by law and to a specific time.
Article 154 The
law shall regulate cash and banks, and shall determine standards, measures and scales.
Article 155 The
law shall regulate the affairs of salaries, pensions, compensation, subsidies and remuneration which are decided on the treasury of the State.
The law shall make provisions for the budgets and final accounts of local institutions and bodies of public moral character.
SECTION III: MILITARY AFFAIRS
Peace shall be the goal of the State.
Military service shall be regulated by law.
Only the State shall establish armed forces and public security bodies in accordance with the law.
Mobilization, general or partial, shall be regulated by law.
Article 161 A
Supreme Defense Council shall be established to assume the affairs of defense, preserve the integrity of the country and supervise the armed forces in accordance with the law.
Chapter V: Judicial Authority
The honor of the judiciary, the impartiality of the judges and their justice, are the basis of the King and the guarantee of rights and freedoms.
No one shall have authority over the judge in his judiciary. In the event of interference in the administration of justice, the law shall guarantee the independence of the judiciary and shall specify the guarantees and judgments of judges and the conditions of their impunity.
Article 164 The
law shall arrange the courts of all types and degrees, and shall specify their functions and competences.
Court hearings shall be public, except in exceptional cases specified by law.
Article 166 The
right of litigation shall be guaranteed to the people. The law shall determine the procedures and conditions necessary for the exercise of this right.
The Public Prosecution undertakes public action in the name of the community, supervises judicial control affairs, monitors the application of criminal laws, prosecutes offenders and executes sentences. The law shall regulate this body, regulate its competencies and specify the conditions and guarantees for those who carry out its functions.
A law may be entrusted to the public security authorities to take public action in misdemeanors as an exception, in accordance with the conditions prescribed by the law.
The judiciary shall have a higher council, which shall be regulated by law and shall specify its powers.
Article 169 The
law shall regulate the settlement of administrative discounts by means of a special chamber or court, the law shall specify its rules and how it exercises the administrative judiciary, including the mandate of cancellation and the mandate of compensation in respect of administrative decisions contrary to the law.
The law shall arrange for the body that expresses the legal opinion of the ministries and public departments, drafting laws and regulations, and arranging the representation of the state and other public bodies before the judicial authorities.
Article 171 The
law of the establishment of a Council of State, which shall be responsible for the functions of the administrative judiciary, advisory opinion and drafting provided for in the two preceding articles, may be established by law.
Article 172 The
law shall regulate the method of determining the dispute over jurisdiction between the judicial authorities and the conflict of judgments.
The law shall determine the judicial authority which is competent to settle disputes related to the constitutionality of laws and regulations, and shall specify its powers and procedures.
The law guarantees the right of both the government and the concerned parties to challenge the constitutionality of laws and regulations. In the case of the aforementioned authority, the law or regulation is unconstitutional.
General Provisions and Provisional Provisions
Article 174 The
Amir and one third of the members of the National Assembly shall have the right to propose revision of this Constitution by amending or deleting one or more of its provisions or by adding new provisions to it.
If the Emir and the majority of the members of the National Assembly agree on the principle and subject of the revision, the Assembly shall discuss the proposed draft article by article, and shall require the approval of two thirds of the members comprising the Assembly. 65 and 66 of this Constitution.
If the proposal for revision is rejected in principle or on the subject of the revision, it may not be submitted again before one year has elapsed. The amendment of this Constitution may not be proposed until five years have elapsed.
The provisions relating to the Emiri system of Kuwait and the principles of freedom and equality stipulated in this Constitution shall not be proposed for revision, unless the revision is specific to the title of the Emirate or to further guarantees of freedom and equality.
Article 176 The
powers of the Amir set forth in the Constitution may not be proposed for revision during the period of his behalf.
Article 177 The
application of this Constitution shall not prejudice the treaties and agreements entered into by Kuwait with the States and international bodies.
Laws shall be published in the Official Gazette within two weeks from the date of their promulgation. They shall come into force one month after the date of their publication. This date may be extended or shortened by a special provision in the law.
The provisions of the laws shall apply only to the date of their entry into force, and shall have no effect on what occurred before that date. Except in penal matters, the law may otherwise be provided for by the approval of a majority of the members of the National Assembly.
All the provisions of laws, regulations, decrees, orders and decisions in force in the implementation of this Constitution shall remain in force unless amended or repealed in accordance with the rules prescribed in this Constitution, provided that they do not conflict with any of its provisions.
No provision of this Constitution may be suspended except during the establishment of martial law within the limits prescribed by law. In no case may the convening of the National Assembly be suspended in the meantime or the immunity of its members be affected.
This Constitution shall be published in the Official Gazette and shall come into force from the date of the meeting of the Council of Nation, provided that such meeting shall not be delayed from January 1963.
Law No. 1 of 1962 on the Basic Law of Governance shall continue in force during the transitional period.
Amir of the State of Kuwait