1931 Constitution of Afghanistan

Supreme law of Afghanistan from 1931 to 1964 1931 Constitution of Afghanistan fa fa اصول اساسی دولت علیۀ افغانستان Afghanistan 1931 10 31 y Constitutional monarchy 3 Bicameral (National Council and House of Nobles) King; prime minister Diwan'i'Ala (Supreme Court); Courts of Justice bicameral 1 (2 articles amended) Mohammad Nadir Shah; 105 delegates of the Loya jirga 1923 Constitution 1964 Constitution 19 September 1964 The 1931 Constitution of AfghanistanOfficially known in fa اصول اساسی دولت علیۀ افغانستان Uṣūl-i asāsī-yi dawlat-i ʻalīyah-yi Afghānistān (Fundamental Principles of the Supreme State of Afghanistan); also referred to in fa قانون اساسی افغانستان ۱۹۳۱ Qānūn-i asāsī-yi Afghānistān 1931 (1931 Constitution of Afghanistan) was the second written constitution of Afghanistan, signed on 31 October 1931 under King Mohammad Nadir Shah.قادری علی قوانین اساسی از دوره امان الله خان تا امروز روزنامه افغانستان http://www.dailyafghanistan.com/opinion_detail.php?post_id=126681 fa 2026-05-29 Adopted by a Loya Jirga, it established Afghanistan as a constitutional monarchy with a bicameral parliament and a judicial system based on Islamic law. Remaining in force until 1964 constitution was adopted, the 1931 constitution lasted for more than three decades, making it the longest-lived constitution in Afghan history.Pasarlay Shamshad Rethinking Afghanistan's Longest-Lived Constitution: The 1931 Constitution through the Lens of Constitutional Endurance and Performance Literature Search eLibrary 2018-02-12 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3555960 2026-05-28 The 1931 Constitution was substantially based on the 1923 constitution but differed from it in important respects. Whereas the 1923 document had carried secular aspirations, the 1931 Constitution strengthened the power of the religious establishment and mandated that laws align with Hanafite sharia. It accommodated the interests of the religious elite and tribal notables who had challenged previous Afghan governments, balancing incremental reform against conservative religious interests and statism against decentralization. Background Preceding constitutional order Afghanistan's first written constitution, drafted in 1923 under King Amanullah Khan, suggested the king's ambitions for modernization and carried secular aspirations. Amanullah's rapid reform programme, including restrictions on purdah and the secularization of law, provoked a backlash among tribal and religious conservatives.Constitutional History of Afghanistan Encyclopaedia Iranica 2026-04-30 https://www.iranicaonline.org/articles/constitutional-history-of-afghanistan/ 2026-05-28 After a nine-month civil war, the Tajik rebel leader Habibullah Kalakani briefly seized Kabul, before being defeated by Mohammad Nadir Khan, a general and former member of the anti-British war party of 1919. Accession of Nadir Shah Following the collapse of Habibullah Kalakani's rule in 1929, Mohammad Nadir Khan was placed on the throne by a Loya Jirga.Lessons from the 1931 Constitution of Nadir Khan: Religious Inclusion and Reform https://www.usip.org/sites/default/files/Afghanistan-Peace-Process_Religious-Inclusion-and-Reform.pdf United States Institute of Peace 2026-05-28 2024-11-26 https://web.archive.org/web/20241126195355/https://www.usip.org/sites/default/files/Afghanistan-Peace-Process_Religious-Inclusion-and-Reform.pdf dead Though Nadir Shah had a record of Afghan nationalism, many constitutionalists and supporters of the deposed King Amanullah regarded him as pro-British and objected to his having installed himself on the throne rather than restoring Amanullah. During the first year of his reign, Nadir Shah carefully avoided offending his subjects' religious and tribal sensibilities; he rescinded the reforms that had angered the population, including the suppression of purdah and the secularization of law, and allowed the influence of the mullahs to be restored, creating a tribunal of ulemas in Kabul to interpret sharia. Drafting Nadir Shah regarded constitutional reform as central to his programme of governance. His reform manifesto (ḵaṭṭ-maši) called for a constitutional monarchy with a bicameral parliament and the separation of powers.MOḤAMMAD NĀDER SHAH Encyclopaedia Iranica 2026-04-30 https://www.iranicaonline.org/articles/mohammad-nader-shah-king-of-afghanistan/ 2026-05-28 The draft constitution was primarily based on the 1923 document, though it departed from it in significant ways. Afghanistan: Country Study https://tile.loc.gov/storage-services/service/ll/llglrd/2019669455/2019669455.pdf Library of Congress 2026-05-28 The constitution was formally adopted by a Loya Jirga that also recognized Nadir Shah and his descendants as the legitimate rulers of Afghanistan. The document came into effect on 31 October 1931, after which parliamentary elections were held. Print Constitution of 1931 https://www.arlo.online/track-download/127/1/en/legislation/03constitution_1931_NadirShah_Eng.pdf Afghanistan Rule of Law Observatory 2026-05-29 Articles The 1931 constitution consisted of 110 articles and was approved by a 105-member council chosen from among the 525 participants of the Loya Jirga, including selected tribal leaders, ethnic representatives, and urban elders.امینی امین الله سیرتاریخی شکل‌گیری قانون اساسی در کشور روزنامه افغانستان http://dailyafghanistan.com/opinion_detail.php?post_id=151364 fa 2026-05-29 Preamble Article 1 established Islam and the Hanafi school as the religious foundation of the Afghan state while extending protection to non-Muslim minorities residing in the kingdom.Constitution of Afghanistan 1931 art. 1 Article 2 declared Afghanistan fully independent in domestic and foreign affairs and affirmed the territorial unity of the kingdom under the King.Constitution of Afghanistan 1931 art. 2 Article 3 designated Kabul as the capital and declared all inhabitants equal before the government regardless of region.Constitution of Afghanistan 1931 art. 3 Article 4 defined the national flag of Afghanistan as a black, red and green tricolour bearing a central emblem.Constitution of Afghanistan 1931 art. 4 Rights of the king Article 5 recognised Mohammad Nadir Shah as King and established hereditary succession within the royal family.Constitution of Afghanistan 1931 art. 5 Article 6 required the King to swear an oath to govern according to Sharia and the constitution before accession.Constitution of Afghanistan 1931 art. 6 Article 7 enumerated the powers of the monarch, including command of the armed forces, appointment of ministers, assent to laws and treaty-making authority.Constitution of Afghanistan 1931 art. 7 Article 8 provided for state funding of the monarch and royal household.Constitution of Afghanistan 1931 art. 8 General Rights of Afghans Article 9 defined all inhabitants of the kingdom as Afghan subjects regardless of religion.Constitution of Afghanistan 1931 art. 9 Article 10 affirmed that Afghan subjects were entitled to rights recognised under Sharia while remaining subject to state authority.Constitution of Afghanistan 1931 art. 10 Article 11 protected personal liberty, prohibited unlawful punishment and formally abolished slavery.Constitution of Afghanistan 1931 art. 11 Article 12 recognised freedom of trade, agriculture and industry within the limits of the law.Constitution of Afghanistan 1931 art. 12 Article 13 declared all Afghan subjects equal before Sharia and state law.Constitution of Afghanistan 1931 art. 13 Article 14 provided that appointments to government service were to be based on merit and capability.Constitution of Afghanistan 1931 art. 14 Article 15 protected private property and required compensation for property acquired for public purposes.Constitution of Afghanistan 1931 art. 15 Article 16 guaranteed the inviolability of private residences except under lawful authority.Constitution of Afghanistan 1931 art. 16 Article 17 prohibited confiscation of property except in cases involving activities against the state.Constitution of Afghanistan 1931 art. 17 Article 18 prohibited forced labour and extraordinary levies except during wartime.Constitution of Afghanistan 1931 art. 18 Article 19 abolished torture and prohibited punishments not authorised by law or Sharia.Constitution of Afghanistan 1931 art. 19 Article 20 made primary education compulsory for Afghan children.Constitution of Afghanistan 1931 art. 20 Article 21 permitted Islamic education while restricting the establishment of schools by foreigners.Constitution of Afghanistan 1931 art. 21 Article 22 placed public education under government supervision and required instruction to conform with Islamic principles.Constitution of Afghanistan 1931 art. 22 Article 23 recognised limited freedom of the press subject to religious and legal restrictions.Constitution of Afghanistan 1931 art. 23 Article 24 assigned judicial disputes to the courts and recognised rights of appeal.Constitution of Afghanistan 1931 art. 24 Article 25 provided that taxation and revenue collection were regulated by law.Constitution of Afghanistan 1931 art. 25 Article 26 prohibited the collection of taxes or payments beyond those authorised by law.Constitution of Afghanistan 1931 art. 26 National council Formation of the body Article 27 established the National Council with the approval of a jirga convened in Kabul.Constitution of Afghanistan 1931 art. 27 Article 28 defined the National Council as a representative body concerned with the affairs of the state.Constitution of Afghanistan 1931 art. 28 Article 29 provided for the election of representatives from Kabul and the provinces.Constitution of Afghanistan 1931 art. 29 Article 30 stated that the number of representatives would be determined by electoral regulations.Constitution of Afghanistan 1931 art. 30 Article 31 fixed parliamentary terms at three years and permitted re-election of members.Constitution of Afghanistan 1931 art. 31 Article 32 regulated parliamentary sessions and the approval of regulations adopted during recesses.Constitution of Afghanistan 1931 art. 32 Article 33 authorised extraordinary sessions of the National Council when necessary.Constitution of Afghanistan 1931 art. 33 Article 34 established quorum and voting requirements for parliamentary decisions.Constitution of Afghanistan 1931 art. 34 Article 35 required the National Council to present an address to the King at the opening of each session.Constitution of Afghanistan 1931 art. 35 Article 36 required newly elected members to take an oath before assuming office.Constitution of Afghanistan 1931 art. 36 Article 37 prescribed the oath of allegiance to the nation and government for members of the National Council.Constitution of Afghanistan 1931 art. 37 Article 38 guaranteed freedom of speech for members within parliamentary proceedings.Constitution of Afghanistan 1931 art. 38 Article 39 provided that parliamentary debates were generally open to the public and the press.Constitution of Afghanistan 1931 art. 39 Duties Article 40 authorised the National Council to regulate its internal administration and procedures.Constitution of Afghanistan 1931 art. 40 Article 41 empowered the National Council to pass laws and regulations concerning state administration.Constitution of Afghanistan 1931 art. 41 Article 42 required parliamentary approval for taxation, revenues and financial proposals.Constitution of Afghanistan 1931 art. 42 Article 43 assigned the National Council responsibility for examining and approving the state budget.Constitution of Afghanistan 1931 art. 43 Article 44 provided procedures for the enactment, amendment and repeal of laws.Constitution of Afghanistan 1931 art. 44 Article 45 required parliamentary approval for concessions and the establishment of companies.Constitution of Afghanistan 1931 art. 45 Article 46 subjected domestic and foreign contracts and concessions to parliamentary approval.Constitution of Afghanistan 1931 art. 46 Article 47 required the approval of the National Council for government loans.Constitution of Afghanistan 1931 art. 47 Article 48 required parliamentary consent for railway construction and expansion of public highways.Constitution of Afghanistan 1931 art. 48 Article 49 granted the National Council the right to petition the King through an official delegation.Constitution of Afghanistan 1931 art. 49 Article 50 allowed ministers to attend parliamentary debates and explain government policies.Constitution of Afghanistan 1931 art. 50 Article 51 established the procedure for introducing and approving government legislation.Constitution of Afghanistan 1931 art. 51 Article 52 authorised secret parliamentary meetings and committees under specified conditions.Constitution of Afghanistan 1931 art. 52 Article 53 regulated the publication of proceedings from secret parliamentary meetings.Constitution of Afghanistan 1931 art. 53 Article 54 permitted ministers to withdraw legislative proposals under certain circumstances.Constitution of Afghanistan 1931 art. 54 Article 55 established procedures for reconsidering bills rejected by the National Council.Constitution of Afghanistan 1931 art. 55 Article 56 required members to vote openly and prohibited intimidation or coercion in parliamentary proceedings.Constitution of Afghanistan 1931 art. 56 Introduction of measures by the council Article 57 allowed members of the National Council to introduce legislative proposals with sufficient support.Constitution of Afghanistan 1931 art. 57 Article 58 established committees to examine proposed legislation before debate.Constitution of Afghanistan 1931 art. 58 Article 59 required relevant ministers to be informed before debate on legislative proposals affecting their departments.Constitution of Afghanistan 1931 art. 59 Article 60 required ministers opposing proposed legislation to explain their objections before the Council.Constitution of Afghanistan 1931 art. 60 Article 61 required ministers to answer parliamentary inquiries except in matters considered secret in the national interest.Constitution of Afghanistan 1931 art. 61 Article 62 permitted constituents to submit petitions to the National Council through their representatives.Constitution of Afghanistan 1931 art. 62 Article 63 required the National Council to convene within twenty days following the death of the King.Constitution of Afghanistan 1931 art. 63 Article 64 provided that former members would continue temporarily if elections had not been completed before the monarch's death.Constitution of Afghanistan 1931 art. 64 Article 65 prohibited legislation contrary to Islam or the policy of the state.Constitution of Afghanistan 1931 art. 65 Article 66 provided that laws generally entered into force following royal assent.Constitution of Afghanistan 1931 art. 66 The house of nobles Article 67 established the House of Nobles as an upper chamber appointed directly by the King.Constitution of Afghanistan 1931 art. 67 Article 68 required legislation to be approved by both the National Council and the House of Nobles before enactment.Constitution of Afghanistan 1931 art. 68 Article 69 provided that laws passed by the National Council could take effect with royal assent even when the House of Nobles was not in session.Constitution of Afghanistan 1931 art. 69 Article 70 established a joint committee of both chambers to settle legislative disputes, with unresolved matters referred to the King.Constitution of Afghanistan 1931 art. 70 Provincial advisory committee Article 71 required advisory committees to be established in provincial capitals.Constitution of Afghanistan 1931 art. 71 Article 72 provided that the composition and authority of provincial advisory committees were regulated by law.Constitution of Afghanistan 1931 art. 72 Duties and rights of ministers Article 73 provided that ministers were appointed by the Prime Minister with the approval of the King.Constitution of Afghanistan 1931 art. 73 Article 74 designated the Prime Minister as head of the cabinet.Constitution of Afghanistan 1931 art. 74 Article 75 restricted ministerial office to Muslim Afghan subjects.Constitution of Afghanistan 1931 art. 75 Article 76 made ministers responsible to the National Council for government policy, while the monarch remained politically exempt from responsibility.Constitution of Afghanistan 1931 art. 76 Article 77 stated that ministerial responsibilities would be further defined by regulation.Constitution of Afghanistan 1931 art. 77 Article 78 authorised ministers to administer affairs within their jurisdiction while referring major matters to the Prime Minister or King.Constitution of Afghanistan 1931 art. 78 Article 79 required ministers accused of official misconduct to be tried before the Diwan-i-Ala (Supreme Court).Constitution of Afghanistan 1931 art. 79 Article 80 suspended ministers from office during criminal proceedings.Constitution of Afghanistan 1931 art. 80 Article 81 authorised deputies to exercise ministerial authority during a minister's absence.Constitution of Afghanistan 1931 art. 81 Article 82 permitted investigative committees to examine the conduct of ministers and civil servants with royal approval.Constitution of Afghanistan 1931 art. 82 Article 83 provided that the number and functions of ministries were determined by law.Constitution of Afghanistan 1931 art. 83 Rights of civil servants Article 84 provided that civil servants were appointed according to merit and entitled to promotion and pensions under the law.Constitution of Afghanistan 1931 art. 84 Article 85 required civil servants to obey lawful orders while permitting objections to unlawful instructions.Constitution of Afghanistan 1931 art. 85 Article 86 stated that the responsibilities of civil servants were governed by official regulations.Constitution of Afghanistan 1931 art. 86 Courts Article 87 assigned legal disputes under Sharia to the ordinary courts.Constitution of Afghanistan 1931 art. 87 Article 88 required courts applying Sharia to follow the principles of the Hanafi school.Constitution of Afghanistan 1931 art. 88 Article 89 declared the judiciary independent from outside interference.Constitution of Afghanistan 1931 art. 89 Article 90 provided that court proceedings were generally public unless otherwise ordered by a judge.Constitution of Afghanistan 1931 art. 90 Article 91 recognised the right of individuals to invoke Sharia in defence of their legal rights.Constitution of Afghanistan 1931 art. 91 Article 92 prohibited unnecessary delays in judicial proceedings.Constitution of Afghanistan 1931 art. 92 Article 93 prohibited the creation of extraordinary tribunals outside the regular court system.Constitution of Afghanistan 1931 art. 93 Article 94 provided that the structure and jurisdiction of the courts were regulated by law.Constitution of Afghanistan 1931 art. 94 Supreme Court Article 95 established a temporary Supreme Court to hear cases involving government ministers.Constitution of Afghanistan 1931 art. 95 Article 96 provided that the procedures of the Supreme Court were regulated by a separate code.Constitution of Afghanistan 1931 art. 96 Financial matters Article 97 required taxes to be collected according to statutory regulations.Constitution of Afghanistan 1931 art. 97 Article 98 required the preparation of an annual state budget governing public revenue and expenditure.Constitution of Afghanistan 1931 art. 98 Article 99 required annual financial accounts recording state income and expenditure.Constitution of Afghanistan 1931 art. 99 Article 100 provided that budgeting and auditing procedures were regulated by law.Constitution of Afghanistan 1931 art. 100 Article 101 regulated tax reductions and exemptions through a separate code.Constitution of Afghanistan 1931 art. 101 Administration of provinces Article 102 organised provincial administration around delegated authority, division of duties and administrative accountability.Constitution of Afghanistan 1931 art. 102 Article 103 provided that ministries administered provincial affairs through their respective departments.Constitution of Afghanistan 1931 art. 103 Article 104 authorised the government to suppress rebellion and restore public order when necessary.Constitution of Afghanistan 1931 art. 104 Article 105 provided that municipalities and their functions were governed by law.Constitution of Afghanistan 1931 art. 105 Army Article 106 provided that military recruitment, duties and service conditions were regulated by law.Constitution of Afghanistan 1931 art. 106 Article 107 protected members of the armed forces from loss of rank or salary except under military regulations.Constitution of Afghanistan 1931 art. 107 Article 108 prohibited the employment of foreigners in the military except as doctors or military instructors.Constitution of Afghanistan 1931 art. 108 Miscellaneous principles Article 109 protected the privacy of correspondence except where searches were authorised by judicial order.Constitution of Afghanistan 1931 art. 109 Article 110 required verbal orders issued by the King or Prime Minister to be confirmed in writing.Constitution of Afghanistan 1931 art. 110 Addendum Article 1 of the Addendum prohibited Foreign Ministry officials, military officers and state-sponsored students abroad from marrying foreign nationals.Constitution of Afghanistan 1931 Addendum, art. 1 Article 2 of the Addendum prohibited foreign nationals from owning land in Afghanistan, subject to reciprocal arrangements for foreign diplomatic missions.Constitution of Afghanistan 1931 Addendum, art. 2 Replacement In the early 1960s, prime minister Daoud Khan (1953–1963) advised King Zahir Shah to replace the 1931 constitution, complaining that the monarch exercised too much power under it and that a new constitution should move Afghanistan towards a "constitutional monarchy" or a "parliamentary democracy. The Making and Breaking of Constitution in Afghanistan http://arizonajournal.org/wp-content/uploads/2023/09/Pasarlay-40.1-Final.pdf Arizona Journal of International and Comparative Law 2026-05-29The Myth of a Constitution's 'Goodness': What We Get Wrong about Afghanistan's 1964 Constitution www.iconnectblog.com 2022-01-26 https://www.iconnectblog.com/the-myth-of-a-constitutions-goodness-what-we-get-wrong-about-afghanistans-1964-constitution/ 2026-05-28 Zahir Shah declined this advice, forced Daoud to resign, and appointed a committee that drafted the 1964 constitution. The 1964 Loya Jirga that ratified the new document convened on 9 September 1964, the anniversary of the proclamation of the 1931 constitution.The Saur Revolution: Prelude to the Soviet Invasion of Afghanistan – Association for Diplomatic Studies & Training Association for Diplomatic Studies & Training – Capturing 1978-04-27 https://adst.org/2016/04/the-saur-revolution-prelude-to-the-soviet-invasion-of-afghanistan/ 2026-05-29Constitutional Developments in Afghanistan https://drakelawreview.org/wp-content/uploads/2015/07/lrvol53-4_arjomand.pdf Drake Law Review 2026-05-28 The 1931 constitution was consequently superseded by the 1964 Constitution, which established a more liberal constitutional monarchy. The constitutional language originating in the 1931 constitution regarding Islam and minority rights was largely maintained in subsequent constitutions until 1979. Notes Sources The Constitution of Afghanistan 23 January 1958 https://www.arlo.online/track-download/127/1/en/legislation/03constitution_1931_NadirShah_Eng.pdf Afghanistan Rule of Law Observatory print Constitution of Afghanistan 1931 References Further reading Pasarlay Shamshad 2018 Rethinking Afghanistan's Longest-Lived Constitution: The 1931 Constitution through the Lens of Constitutional Endurance and Performance Literature https://eloncdn.blob.core.windows.net/eu3/sites/996/2019/07/283-308_crop.pdf Elon Law Review 10 1 Category:Law of Afghanistan Category:Government documents of Afghanistan Category:Defunct constitutions Category:1931 documents Category:1931 in Afghanistan Category:1931 in law