1931 Constitution of Afghanistan

1931 Constitution of Afghanistan
Overview
Original titlePersian: اصول اساسی دولت علیۀ افغانستان
JurisdictionAfghanistan
Date effective31 October 1931 (1931-10-31)
SystemConstitutional monarchy
Government structure
Branches3
ChambersBicameral (National Council and House of Nobles)
ExecutiveKing; prime minister
JudiciaryDiwan'i'Ala (Supreme Court); Courts of Justice
Federalismbicameral
History
Repealed19 September 1964
Amendments1 (2 articles amended)
SignatoriesMohammad Nadir Shah; 105 delegates of the Loya jirga
Supersedes1923 Constitution
Superseded by1964 Constitution

The 1931 Constitution of Afghanistan[a] was the second written constitution of Afghanistan, signed on 31 October 1931 under King Mohammad Nadir Shah.[1] 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.[2]

The 1931 Constitution was substantially based on the 1923 constitution but differed from it in important respects.[1] 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.[3]

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.[2] Amanullah's rapid reform programme, including restrictions on purdah and the secularization of law, provoked a backlash among tribal and religious conservatives.[4] 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.[4]

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.[3] 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.[4] 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.[3]

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.[5] The draft constitution was primarily based on the 1923 document, though it departed from it in significant ways.[6]

The constitution was formally adopted by a Loya Jirga that also recognized Nadir Shah and his descendants as the legitimate rulers of Afghanistan.[4] The document came into effect on 31 October 1931, after which parliamentary elections were held.[7]

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.[8]

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.[9]

Article 2 declared Afghanistan fully independent in domestic and foreign affairs and affirmed the territorial unity of the kingdom under the King.[10]

Article 3 designated Kabul as the capital and declared all inhabitants equal before the government regardless of region.[11]

Article 4 defined the national flag of Afghanistan as a black, red and green tricolour bearing a central emblem.[12]

Rights of the king

Article 5 recognised Mohammad Nadir Shah as King and established hereditary succession within the royal family.[13]

Article 6 required the King to swear an oath to govern according to Sharia and the constitution before accession.[14]

Article 7 enumerated the powers of the monarch, including command of the armed forces, appointment of ministers, assent to laws and treaty-making authority.[15]

Article 8 provided for state funding of the monarch and royal household.[16]

General Rights of Afghans

Article 9 defined all inhabitants of the kingdom as Afghan subjects regardless of religion.[17]

Article 10 affirmed that Afghan subjects were entitled to rights recognised under Sharia while remaining subject to state authority.[18]

Article 11 protected personal liberty, prohibited unlawful punishment and formally abolished slavery.[19]

Article 12 recognised freedom of trade, agriculture and industry within the limits of the law.[20]

Article 13 declared all Afghan subjects equal before Sharia and state law.[21]

Article 14 provided that appointments to government service were to be based on merit and capability.[22]

Article 15 protected private property and required compensation for property acquired for public purposes.[23]

Article 16 guaranteed the inviolability of private residences except under lawful authority.[24]

Article 17 prohibited confiscation of property except in cases involving activities against the state.[25]

Article 18 prohibited forced labour and extraordinary levies except during wartime.[26]

Article 19 abolished torture and prohibited punishments not authorised by law or Sharia.[27]

Article 20 made primary education compulsory for Afghan children.[28]

Article 21 permitted Islamic education while restricting the establishment of schools by foreigners.[29]

Article 22 placed public education under government supervision and required instruction to conform with Islamic principles.[30]

Article 23 recognised limited freedom of the press subject to religious and legal restrictions.[31]

Article 24 assigned judicial disputes to the courts and recognised rights of appeal.[32]

Article 25 provided that taxation and revenue collection were regulated by law.[33]

Article 26 prohibited the collection of taxes or payments beyond those authorised by law.[34]

National council

Formation of the body

Article 27 established the National Council with the approval of a jirga convened in Kabul.[35]

Article 28 defined the National Council as a representative body concerned with the affairs of the state.[36]

Article 29 provided for the election of representatives from Kabul and the provinces.[37]

Article 30 stated that the number of representatives would be determined by electoral regulations.[38]

Article 31 fixed parliamentary terms at three years and permitted re-election of members.[39]

Article 32 regulated parliamentary sessions and the approval of regulations adopted during recesses.[40]

Article 33 authorised extraordinary sessions of the National Council when necessary.[41]

Article 34 established quorum and voting requirements for parliamentary decisions.[42]

Article 35 required the National Council to present an address to the King at the opening of each session.[43]

Article 36 required newly elected members to take an oath before assuming office.[44]

Article 37 prescribed the oath of allegiance to the nation and government for members of the National Council.[45]

Article 38 guaranteed freedom of speech for members within parliamentary proceedings.[46]

Article 39 provided that parliamentary debates were generally open to the public and the press.[47]

Duties

Article 40 authorised the National Council to regulate its internal administration and procedures.[48]

Article 41 empowered the National Council to pass laws and regulations concerning state administration.[49]

Article 42 required parliamentary approval for taxation, revenues and financial proposals.[50]

Article 43 assigned the National Council responsibility for examining and approving the state budget.[51]

Article 44 provided procedures for the enactment, amendment and repeal of laws.[52]

Article 45 required parliamentary approval for concessions and the establishment of companies.[53]

Article 46 subjected domestic and foreign contracts and concessions to parliamentary approval.[54]

Article 47 required the approval of the National Council for government loans.[55]

Article 48 required parliamentary consent for railway construction and expansion of public highways.[56]

Article 49 granted the National Council the right to petition the King through an official delegation.[57]

Article 50 allowed ministers to attend parliamentary debates and explain government policies.[58]

Article 51 established the procedure for introducing and approving government legislation.[59]

Article 52 authorised secret parliamentary meetings and committees under specified conditions.[60]

Article 53 regulated the publication of proceedings from secret parliamentary meetings.[61]

Article 54 permitted ministers to withdraw legislative proposals under certain circumstances.[62]

Article 55 established procedures for reconsidering bills rejected by the National Council.[63]

Article 56 required members to vote openly and prohibited intimidation or coercion in parliamentary proceedings.[64]

Introduction of measures by the council

Article 57 allowed members of the National Council to introduce legislative proposals with sufficient support.[65]

Article 58 established committees to examine proposed legislation before debate.[66]

Article 59 required relevant ministers to be informed before debate on legislative proposals affecting their departments.[67]

Article 60 required ministers opposing proposed legislation to explain their objections before the Council.[68]

Article 61 required ministers to answer parliamentary inquiries except in matters considered secret in the national interest.[69]

Article 62 permitted constituents to submit petitions to the National Council through their representatives.[70]

Article 63 required the National Council to convene within twenty days following the death of the King.[71]

Article 64 provided that former members would continue temporarily if elections had not been completed before the monarch's death.[72]

Article 65 prohibited legislation contrary to Islam or the policy of the state.[73]

Article 66 provided that laws generally entered into force following royal assent.[74]

The house of nobles

Article 67 established the House of Nobles as an upper chamber appointed directly by the King.[75]

Article 68 required legislation to be approved by both the National Council and the House of Nobles before enactment.[76]

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.[77]

Article 70 established a joint committee of both chambers to settle legislative disputes, with unresolved matters referred to the King.[78]

Provincial advisory committee

Article 71 required advisory committees to be established in provincial capitals.[79]

Article 72 provided that the composition and authority of provincial advisory committees were regulated by law.[80]

Duties and rights of ministers

Article 73 provided that ministers were appointed by the Prime Minister with the approval of the King.[81]

Article 74 designated the Prime Minister as head of the cabinet.[82]

Article 75 restricted ministerial office to Muslim Afghan subjects.[83]

Article 76 made ministers responsible to the National Council for government policy, while the monarch remained politically exempt from responsibility.[84]

Article 77 stated that ministerial responsibilities would be further defined by regulation.[85]

Article 78 authorised ministers to administer affairs within their jurisdiction while referring major matters to the Prime Minister or King.[86]

Article 79 required ministers accused of official misconduct to be tried before the Diwan-i-Ala (Supreme Court).[87]

Article 80 suspended ministers from office during criminal proceedings.[88]

Article 81 authorised deputies to exercise ministerial authority during a minister's absence.[89]

Article 82 permitted investigative committees to examine the conduct of ministers and civil servants with royal approval.[90]

Article 83 provided that the number and functions of ministries were determined by law.[91]

Rights of civil servants

Article 84 provided that civil servants were appointed according to merit and entitled to promotion and pensions under the law.[92]

Article 85 required civil servants to obey lawful orders while permitting objections to unlawful instructions.[93]

Article 86 stated that the responsibilities of civil servants were governed by official regulations.[94]

Courts

Article 87 assigned legal disputes under Sharia to the ordinary courts.[95]

Article 88 required courts applying Sharia to follow the principles of the Hanafi school.[96]

Article 89 declared the judiciary independent from outside interference.[97]

Article 90 provided that court proceedings were generally public unless otherwise ordered by a judge.[98]

Article 91 recognised the right of individuals to invoke Sharia in defence of their legal rights.[99]

Article 92 prohibited unnecessary delays in judicial proceedings.[100]

Article 93 prohibited the creation of extraordinary tribunals outside the regular court system.[101]

Article 94 provided that the structure and jurisdiction of the courts were regulated by law.[102]

Supreme Court

Article 95 established a temporary Supreme Court to hear cases involving government ministers.[103]

Article 96 provided that the procedures of the Supreme Court were regulated by a separate code.[104]

Financial matters

Article 97 required taxes to be collected according to statutory regulations.[105]

Article 98 required the preparation of an annual state budget governing public revenue and expenditure.[106]

Article 99 required annual financial accounts recording state income and expenditure.[107]

Article 100 provided that budgeting and auditing procedures were regulated by law.[108]

Article 101 regulated tax reductions and exemptions through a separate code.[109]

Administration of provinces

Article 102 organised provincial administration around delegated authority, division of duties and administrative accountability.[110]

Article 103 provided that ministries administered provincial affairs through their respective departments.[111]

Article 104 authorised the government to suppress rebellion and restore public order when necessary.[112]

Article 105 provided that municipalities and their functions were governed by law.[113]

Army

Article 106 provided that military recruitment, duties and service conditions were regulated by law.[114]

Article 107 protected members of the armed forces from loss of rank or salary except under military regulations.[115]

Article 108 prohibited the employment of foreigners in the military except as doctors or military instructors.[116]

Miscellaneous principles

Article 109 protected the privacy of correspondence except where searches were authorised by judicial order.[117]

Article 110 required verbal orders issued by the King or Prime Minister to be confirmed in writing.[118]

Addendum

Article 1 of the Addendum prohibited Foreign Ministry officials, military officers and state-sponsored students abroad from marrying foreign nationals.[119]

Article 2 of the Addendum prohibited foreign nationals from owning land in Afghanistan, subject to reciprocal arrangements for foreign diplomatic missions.[120]

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.[121][122] 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.[123][124]

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.[3]

Notes

  1. ↑ Officially known in Persian: اصول اساسی دولت علیۀ افغانستان, romanized: Uṣūl-i asāsī-yi dawlat-i ʻalīyah-yi Afghānistān (transl. Fundamental Principles of the Supreme State of Afghanistan); also referred to in Persian: قانون اساسی افغانستان ۱۹۳۱, romanized: Qānūn-i asāsī-yi Afghānistān 1931 (transl. 1931 Constitution of Afghanistan)

Sources

  • "The Constitution of Afghanistan" (PDF) (print). Afghanistan Rule of Law Observatory. 23 January 1958.

References

  1. 1 2 قادری, علی. "قوانین اساسی از دوره امان الله خان تا امروز". روزنامه افغانستان (in Persian). Retrieved 2026-05-29.
  2. 1 2 Pasarlay, Shamshad (2018-02-12). "Rethinking Afghanistan's Longest-Lived Constitution: The 1931 Constitution through the Lens of Constitutional Endurance and Performance Literature". Search eLibrary. Retrieved 2026-05-28.
  3. 1 2 3 4 "Lessons from the 1931 Constitution of Nadir Khan: Religious Inclusion and Reform" (PDF). United States Institute of Peace. Archived from the original (PDF) on 2024-11-26. Retrieved 2026-05-28.
  4. 1 2 3 4 "Constitutional History of Afghanistan". Encyclopaedia Iranica. 2026-04-30. Retrieved 2026-05-28.
  5. ↑ "MOḤAMMAD NĀDER SHAH". Encyclopaedia Iranica. 2026-04-30. Retrieved 2026-05-28.
  6. ↑ "Afghanistan: Country Study" (PDF). Library of Congress. Retrieved 2026-05-28.
  7. ↑ "Print Constitution of 1931" (PDF). Afghanistan Rule of Law Observatory. Retrieved 2026-05-29.
  8. ↑ امینی, امین الله. "سیرتاریخی شکل‌گیری قانون اساسی در کشور". روزنامه افغانستان (in Persian). Retrieved 2026-05-29.
  9. ↑ Constitution of Afghanistan 1931, art. 1.
  10. ↑ Constitution of Afghanistan 1931, art. 2.
  11. ↑ Constitution of Afghanistan 1931, art. 3.
  12. ↑ Constitution of Afghanistan 1931, art. 4.
  13. ↑ Constitution of Afghanistan 1931, art. 5.
  14. ↑ Constitution of Afghanistan 1931, art. 6.
  15. ↑ Constitution of Afghanistan 1931, art. 7.
  16. ↑ Constitution of Afghanistan 1931, art. 8.
  17. ↑ Constitution of Afghanistan 1931, art. 9.
  18. ↑ Constitution of Afghanistan 1931, art. 10.
  19. ↑ Constitution of Afghanistan 1931, art. 11.
  20. ↑ Constitution of Afghanistan 1931, art. 12.
  21. ↑ Constitution of Afghanistan 1931, art. 13.
  22. ↑ Constitution of Afghanistan 1931, art. 14.
  23. ↑ Constitution of Afghanistan 1931, art. 15.
  24. ↑ Constitution of Afghanistan 1931, art. 16.
  25. ↑ Constitution of Afghanistan 1931, art. 17.
  26. ↑ Constitution of Afghanistan 1931, art. 18.
  27. ↑ Constitution of Afghanistan 1931, art. 19.
  28. ↑ Constitution of Afghanistan 1931, art. 20.
  29. ↑ Constitution of Afghanistan 1931, art. 21.
  30. ↑ Constitution of Afghanistan 1931, art. 22.
  31. ↑ Constitution of Afghanistan 1931, art. 23.
  32. ↑ Constitution of Afghanistan 1931, art. 24.
  33. ↑ Constitution of Afghanistan 1931, art. 25.
  34. ↑ Constitution of Afghanistan 1931, art. 26.
  35. ↑ Constitution of Afghanistan 1931, art. 27.
  36. ↑ Constitution of Afghanistan 1931, art. 28.
  37. ↑ Constitution of Afghanistan 1931, art. 29.
  38. ↑ Constitution of Afghanistan 1931, art. 30.
  39. ↑ Constitution of Afghanistan 1931, art. 31.
  40. ↑ Constitution of Afghanistan 1931, art. 32.
  41. ↑ Constitution of Afghanistan 1931, art. 33.
  42. ↑ Constitution of Afghanistan 1931, art. 34.
  43. ↑ Constitution of Afghanistan 1931, art. 35.
  44. ↑ Constitution of Afghanistan 1931, art. 36.
  45. ↑ Constitution of Afghanistan 1931, art. 37.
  46. ↑ Constitution of Afghanistan 1931, art. 38.
  47. ↑ Constitution of Afghanistan 1931, art. 39.
  48. ↑ Constitution of Afghanistan 1931, art. 40.
  49. ↑ Constitution of Afghanistan 1931, art. 41.
  50. ↑ Constitution of Afghanistan 1931, art. 42.
  51. ↑ Constitution of Afghanistan 1931, art. 43.
  52. ↑ Constitution of Afghanistan 1931, art. 44.
  53. ↑ Constitution of Afghanistan 1931, art. 45.
  54. ↑ Constitution of Afghanistan 1931, art. 46.
  55. ↑ Constitution of Afghanistan 1931, art. 47.
  56. ↑ Constitution of Afghanistan 1931, art. 48.
  57. ↑ Constitution of Afghanistan 1931, art. 49.
  58. ↑ Constitution of Afghanistan 1931, art. 50.
  59. ↑ Constitution of Afghanistan 1931, art. 51.
  60. ↑ Constitution of Afghanistan 1931, art. 52.
  61. ↑ Constitution of Afghanistan 1931, art. 53.
  62. ↑ Constitution of Afghanistan 1931, art. 54.
  63. ↑ Constitution of Afghanistan 1931, art. 55.
  64. ↑ Constitution of Afghanistan 1931, art. 56.
  65. ↑ Constitution of Afghanistan 1931, art. 57.
  66. ↑ Constitution of Afghanistan 1931, art. 58.
  67. ↑ Constitution of Afghanistan 1931, art. 59.
  68. ↑ Constitution of Afghanistan 1931, art. 60.
  69. ↑ Constitution of Afghanistan 1931, art. 61.
  70. ↑ Constitution of Afghanistan 1931, art. 62.
  71. ↑ Constitution of Afghanistan 1931, art. 63.
  72. ↑ Constitution of Afghanistan 1931, art. 64.
  73. ↑ Constitution of Afghanistan 1931, art. 65.
  74. ↑ Constitution of Afghanistan 1931, art. 66.
  75. ↑ Constitution of Afghanistan 1931, art. 67.
  76. ↑ Constitution of Afghanistan 1931, art. 68.
  77. ↑ Constitution of Afghanistan 1931, art. 69.
  78. ↑ Constitution of Afghanistan 1931, art. 70.
  79. ↑ Constitution of Afghanistan 1931, art. 71.
  80. ↑ Constitution of Afghanistan 1931, art. 72.
  81. ↑ Constitution of Afghanistan 1931, art. 73.
  82. ↑ Constitution of Afghanistan 1931, art. 74.
  83. ↑ Constitution of Afghanistan 1931, art. 75.
  84. ↑ Constitution of Afghanistan 1931, art. 76.
  85. ↑ Constitution of Afghanistan 1931, art. 77.
  86. ↑ Constitution of Afghanistan 1931, art. 78.
  87. ↑ Constitution of Afghanistan 1931, art. 79.
  88. ↑ Constitution of Afghanistan 1931, art. 80.
  89. ↑ Constitution of Afghanistan 1931, art. 81.
  90. ↑ Constitution of Afghanistan 1931, art. 82.
  91. ↑ Constitution of Afghanistan 1931, art. 83.
  92. ↑ Constitution of Afghanistan 1931, art. 84.
  93. ↑ Constitution of Afghanistan 1931, art. 85.
  94. ↑ Constitution of Afghanistan 1931, art. 86.
  95. ↑ Constitution of Afghanistan 1931, art. 87.
  96. ↑ Constitution of Afghanistan 1931, art. 88.
  97. ↑ Constitution of Afghanistan 1931, art. 89.
  98. ↑ Constitution of Afghanistan 1931, art. 90.
  99. ↑ Constitution of Afghanistan 1931, art. 91.
  100. ↑ Constitution of Afghanistan 1931, art. 92.
  101. ↑ Constitution of Afghanistan 1931, art. 93.
  102. ↑ Constitution of Afghanistan 1931, art. 94.
  103. ↑ Constitution of Afghanistan 1931, art. 95.
  104. ↑ Constitution of Afghanistan 1931, art. 96.
  105. ↑ Constitution of Afghanistan 1931, art. 97.
  106. ↑ Constitution of Afghanistan 1931, art. 98.
  107. ↑ Constitution of Afghanistan 1931, art. 99.
  108. ↑ Constitution of Afghanistan 1931, art. 100.
  109. ↑ Constitution of Afghanistan 1931, art. 101.
  110. ↑ Constitution of Afghanistan 1931, art. 102.
  111. ↑ Constitution of Afghanistan 1931, art. 103.
  112. ↑ Constitution of Afghanistan 1931, art. 104.
  113. ↑ Constitution of Afghanistan 1931, art. 105.
  114. ↑ Constitution of Afghanistan 1931, art. 106.
  115. ↑ Constitution of Afghanistan 1931, art. 107.
  116. ↑ Constitution of Afghanistan 1931, art. 108.
  117. ↑ Constitution of Afghanistan 1931, art. 109.
  118. ↑ Constitution of Afghanistan 1931, art. 110.
  119. ↑ Constitution of Afghanistan 1931, Addendum, art. 1.
  120. ↑ Constitution of Afghanistan 1931, Addendum, art. 2.
  121. ↑ "The Making and Breaking of Constitution in Afghanistan" (PDF). Arizona Journal of International and Comparative Law. Retrieved 2026-05-29.
  122. ↑ "The Myth of a Constitution's 'Goodness': What We Get Wrong about Afghanistan's 1964 Constitution". www.iconnectblog.com. 2022-01-26. Retrieved 2026-05-28.
  123. ↑ "The Saur Revolution: Prelude to the Soviet Invasion of Afghanistan – Association for Diplomatic Studies & Training". Association for Diplomatic Studies & Training – Capturing. 1978-04-27. Retrieved 2026-05-29.
  124. ↑ "Constitutional Developments in Afghanistan" (PDF). Drake Law Review. Retrieved 2026-05-28.

Further reading

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