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Back to: Constitutions
Qatar
Approved by public referendum on: 29 April 2003
Official long name: Permanent Constitution of the State of Qatar
In force: [day after promulgation by the Emir]
Part One The State and the Bases of the Rule
Article 1 []
Qatar is an independent sovereign Arab State. Its religion is Islam
and Shari'a law shall be a main source of its legislations. Its
political system is democratic. The Arabic Language shall be its
official language. The people of Qatar are a part of the Arab
nation.
Article 2 []
The capital of the State is Doha City; and it may be transferred to
any other place by a law. The State shall exercise its sovereignty
on its territory and it may not relinquish its sovereignty neither
may it cede any part of its territory.
Article 3 []
The law shall specify the flag of the State, the emblem,
decorations, badges, and the National Anthem.
Article 4 []
The law shall determine the financial and banking system of the
State, and specify its official currency.
Article 5 []
The State shall preserve its independence, sovereignty, territorial
safety and integrity, security and stability, and defend itself
against aggression.
Article 6 []
The State shall respect the international charters and conventions,
and strive to implement all international agreements, charters, and
conventions it is party thereof.
Article 7 []
The foreign policy of the State is based on the principle of
strengthening international peace and security by means of
encouraging peaceful resolution of international disputes; and shall
support the right of peoples to self-determination; and shall not
interfere in the domestic affairs of states; and shall cooperate
with peace-loving nations.
Article 8 []
The rule of the State is hereditary in the family of Al Thani and in
the line of the male descendants of Hamad Bin Khalifa Bin Hamad Bin
Abdullah Bin Jassim. The rule shall be inherited by the son named as
Heir Apparent by the Emir. In the case that there is no such son,
the prerogatives of rule shall pass to the member of the family
named by the Emir as Heir Apparent. In this case, his male
descendants shall inherit the rule. The provisions of the rule of
the State and accession shall be determined by a special law that
shall be issued within a year commencing as from the date of coming
into force of this Constitution. This law shall have the power of
the Constitution.
Article 9 []
The Emir shall, by an Emiri Order, appoint an Heir Apparent after
consultation with the members of the Ruling Family and the people of
wisdom (Ahal Alhal wal agd) in the State. The Heir Apparent must be
a Muslim of a Qatari Muslim Mother.
Article 10 []
The Heir Apparent, on his appointment, shall take the following of
oath:
( I swear by Almighty God to respect Sharia law, the Constitution
and the law, maintain the independence of the State and safeguard
its territorial integrity, defend the freedom and interests of its
people, and be loyal to the State and the Emir).
Article 11 []
The Heir Apparent shall assume the powers and discharge the
functions of the Emir on his behalf during his absence outside the
country, or in the event of temporary compelling circumstances).
Article 12 []
The Emir may, by an Emiri Order, confer upon the Heir Apparent the
exercise of some of his powers and the discharge of some of his
functions. The Heir Apparent shall preside over the sessions of the
Council of Ministers whenever he is in attendance.
Article 13 []
Without prejudice to the provisions of the two preceding articles,
and where it is not possible to delegate powers to the Heir
Apparent, the Emir may, by an Emiri Order, designate a deputy from
the Ruling Family to discharge some of his powers and functions; and
where the person who has been so designated holds a post or performs
a function in any institution, the same person shall cease to
discharge the duties of that post or function during his deputation
of the Emir; and the Deputy Emir shall, as soon as he is so
designated, take, before the Emir, the same oath as taken by the
Heir Apparent.
Article 14 []
There shall be established a Council by an Emiri Resolution named
"The Council of the Ruling Family". The Emir shall appoint the
Members of such Council from amongst the members of the Ruling
Family.
Article 15 []
The Council of the Ruling Family shall determine the vacancy of the
position of the Emir in the event of his demise or when he becomes
totally incapacitated to discharge his functions. Following this,
the Council of Ministers and Al-Shoura Council shall after a secret
joint session announce the vacancy and declare the Heir Apparent as
the Emir of the State.
Article 16 []
Where the Heir Apparent, at the time he is named Emir of the State,
is less than 18 years of age according to the Gregorian calendar,
the reins of Government shall be conferred upon a Regency Council to
be appointed by the Council of the Ruling Family. The Regency
Council shall be composed of a Chairman and not less than three or
more than five Members; and the Chairman and the majority of Members
shall be from amongst the Ruling Family.
Article 17 []
The financial emoluments of the Emir as well as the funds allocated
for gifts and assistance shall be determined by a resolution issued
annually by the Emir.
Part Two The Guiding Principles of the Society
Article 18 []
The Qatari society is based on the values of justice, benevolence,
freedom, equality, and high morals.
Article 19 []
The State shall maintain the pillars of the society and ensure
security, stability, and equal opportunities for all citizens.
Article 20 []
The State shall strive to strengthen the spirit of national unity,
cooperation, and fraternity among all citizens.
Article 21 []
The family is the basis of the society. A Qatari family is founded
on religion, ethics, and patriotism. The law shall regulate adequate
means to protect the family, support its structure, strengthen its
ties, and protect maternity, childhood, and old age.
Article 22 []
The State shall provide care for the young, and protect the same
from corruption, exploitation, evils of physical, mental and
spiritual neglect. The State shall also create conducive
circumstances for developing their capabilities in all fields based
on sound education.
Article 23 []
The State shall foster public health; provide means of prevention
from diseases and epidemics and their cure in accordance with the
law.
Article 24 []
The State shall foster, preserve and help disseminate sciences,
arts, cultural and national heritage, and encourage scientific
research.
Article 25 []
Education is one of the basic pillars of social progress. The state
shall ensure, foster, and endeavor to spread it.
Article 26 []
Ownership, capital and labour constitute the foundation of the
social structure of the State; and the same are individual rights
with a social function and which shall be regulated by the law.
Article 27 []
Private property is inviolable; and no one shall be deprived of his
property save by reason of public benefit and in the cases
prescribed by the law and in the manner stated therein provided that
the person concerned is fairly compensated.
Article 28 []
The State shall guarantee freedom of economic enterprise on the
basis of social justice and balanced cooperation between private and
public activity in order to achieve socio-economic development,
increase in production, achieve public welfare, raise standard of
living, and provide job opportunities in accordance with the
provisions of the law.
Article 29 []
Natural wealth and its resources are the property of the State; and
the State shall preserve and exploit the same in the best manner in
accordance with the provisions of the law.
Article 30 []
The employee- employer relationship shall be based on the ideals of
social justice and shall be regulated by law.
Article 31 []
The State shall encourage investment and shall provide the necessary
guarantees and facilities for it.
Article 32 []
The law shall regulate State loans.
Article 33 []
The State shall preserve the environment and its natural balance in
order to achieve comprehensive and sustainable development for all
generations.
Part Three Public Rights and Duties
Article 34 []
The Citizens of Qatar shall be equal in public rights and duties.
Article 35 []
All persons are equal before the law and there shall be no
discrimination whatsoever on grounds of sex, race, language, or
religion.
Article 36 []
Personal freedom shall be guaranteed and no person may be arrested,
detained, searched, neither may his freedom of residence and
mobility be restricted save under the provisions of the law; and no
person may be subjected to torture, or any degrading treatment; and
torture shall be considered a crime punishable by law.
Article 37 []
The sanctity of human privacy shall be inviolable, and therefore
interference into privacy of a person, family affairs, home of
residence, correspondence, or any other act of interference that may
demean or defame a person may not be allowed save as limited by the
provisions of the law stipulated therein.
Article 38 []
No citizen shall be banished neither shall he be denied re-entry to
his country.
Article 39 []
An accused person is presumed innocent until his conviction is
proved before a count of law wherein the necessary guarantees of the
right of self-defense are secured.
Article 40 []
No crime and no punishment save as prescribed by the law and no
penalty save on the acts committed subsequent to the enforcement of
that law; and punishment is personal. The provisions of the laws
shall have no effect save on the acts committed from the date of the
enforcement of the said laws. These provisions shall have no effect
on the acts which occurred prior to the enforcement of the said
laws; however, it may be stipulated otherwise by a majority of two-
thirds of Al-Shoura Council in case of non-criminal provisions.
Article 41 []
The Qatari nationality and the rules governing it shall be
prescribed by law, and the same shall have the similar power as that
of the constitution.
Article 42 []
The State shall ensure the right of citizens to elect and be elected
in accordance with the law.
Article 43 []
Taxes shall be founded on social justice and henceforth may not be
levied save by a law.
Article 44 []
The right of the citizens to assemble is guaranteed in accordance
with the provisions of the law.
Article 45 []
The right of citizens to establish association is guaranteed in
accordance with the conditions and circumstances set forth in the
law.
Article 46 []
Individuals have the right to address public authorities.
Article 47 []
Freedom of expression of opinion and scientific research is
guaranteed in accordance with the conditions and circumstances set
forth in the law.
Article 48 []
Freedom of press, printing and publication shall be guaranteed in
accordance with law.
Article 49 []
All citizens have the right to education; and the State shall
endeavor to make general education compulsory and free of charge in
accordance with the applicable laws and regulations of the State.
Article 50 []
Freedom to practice religious rites shall be guaranteed to all
persons in accordance with the law and the requirements of the
maintenance of public order and morality.
Article 51 []
The right of inheritance shall be maintained and governed by Shari'a
law.
Article 52 []
Every person who is a legal resident of the State shall enjoy
protection to his person and property in accordance with the
provisions of the law.
Article 53 []
Defending the country is a duty of every citizen.
Article 54 []
The public post is a national service; and a public employee shall
make public interest his only objective when performing the duties
of his post.
Article 55 []
Public funds are inviolable and its protection is a duty of everyone
in accordance with the law.
Article 56 []
General confiscation of property is prohibited. The penalty of
confiscation of private property shall only be imposed by a court
judgment and in cases specified by the law.
Article 57 []
The respect of the Constitution, compliance with the laws issued by
Public Authority, abiding by public order and morality, observing
national traditions and established customs is a duty of all who
reside in the State of Qatar or enter its territory.
Article 58 []
Extradition of political refugees is prohibited; and the law shall
determine conditions of granting political asylum.
Part Four Organization of Powers
Chapter One General Provisions
Article 59 []
The people are the source of power, and they shall exercise the same
in accordance with the provisions of this Constitution.
Article 60 []
The system of Government is based on the separation of powers and
shall be exercised in collaboration with the manner specified in
this Constitution.
Article 61 []
The Legislative Authority shall be vested in Al-Shoura Council as
prescribed in this Constitution.
Article 62 []
The Executive Authority shall be vested in the Emir and he shall be
assisted by the Council of Ministers as specified in this
Constitution.
Article 63 []
The Judicial Authority shall be vested in courts of law as
prescribed in this Constitution; and court judgments shall be
pronounced in the name of the Emir.
Chapter Two The Emir
Article 64 []
The Emir is the head of State. His person shall be inviolable and he
must be respected by all.
Article 65 []
The Emir is the Commander-in- Chief of the armed forces. He shall
supervise the same with the assistance of Defence Council under his
direct authority. The said Council shall be constituted by an Emiri
Resolution, which will also determine the functions thereof.
Article 66 []
The Emir shall represent the State internally and externally and in
all international relations.
Article 67 []
The Emir shall discharge the following functions:
1. Drawing up the general policy of the State with the assistance of
the Council of Ministers;
2. Ratification and promulgation of laws; and no such law may be
issued unless it is ratified by the Emir;
3. Summoning the Council of Ministers to convene at any time deemed
necessary for public interest; and the Emir shall preside over the
meetings of the Council of Ministers that he attends;
4. Appointment of civil servants and military personnel and
terminating their service in accordance with the law;
5. Accrediting diplomatic and consular missions;
6. Granting pardon or commuting penalty in accordance with the law;
7. Conferring civilian and military orders and badges of honour in
accordance with the law;
8. Establishment and organization of ministries and other Government
bodies and specifying their functions;
9. Establishment and organization of such consultative bodies to
assist him in directing, supervising, and specifying the functions
of the high policies of the State;
10. Any other functions vested upon him by this Constitution or the
law.
Article 68 []
The Emir shall conclude treaties and agreements by a decree and
refer them to Al-Shoura Council accompanied with appropriate
explanatory notes. The treaty or agreement shall have the power of
law after ratification and publication in the official Gazette;
however, reconciliation treaties and treaties pertaining to the
territory of the State or those relating to the right of sovereignty
or public or private rights of the citizens, or those that involve
an amendment of the laws of the State shall come into force when the
same are issued as a law. Under no case may a treaty include secret
conditions contradicting its publicized conditions.
Article 69 []
The Emir may, be a decree, declare Martial Laws in the country in
the event of exceptional cases specified by the law; and in such
cases, he may take all urgent necessary measures to counter any
threat that undermine the safety of the State, the integrity of its
territories or the security of its people and interests or obstruct
the organs of the State from performing their duties. However, the
decree must specify the nature of such exceptional cases for which
the martial laws have been declared and clarify the measures taken
to address this situation. Al-Shoura Council shall be notified of
this decree within the fifteen days following its issue; and in the
event that the Council is not in session for any reason whatsoever,
the Council shall be notified of the decree at its first convening.
Martial laws shall be declared for a limited period and the same
shall not be extended unless approved by Al-Shoura Council.
Article 70 []
The Emir may, in the event of exceptional cases that require
measures of utmost urgency which necessitate the issue of special
laws and in case that Al-Shoura Council is not in session, issue
pertinent decrees that have the power of law. Such decree-laws shall
be submitted to Al-Shoura Council at its first meeting; and the
Council may within a maximum period of forty days from the date of
submission and with a two-thirds majority of its Members reject any
of these decree-laws or request amendment thereof to be effected
within a specified period of time; such decree-laws shall cease to
have the power of law from the date of their rejection by the
Council or where the period for effecting the amendments have
expired.
Article 71 []
Defensive war shall be declared by an Emiri decree and aggressive
war is prohibited.
Article 72 []
The Emir shall appoint the Prime Minister, accept his resignation
and remove him from office by an Emiri order; and the resignation of
the Prime Minister or his removal from office shall entail all
Ministers. In the event of acceptance or resignation or removal from
the office, the same Council shall continue to run urgent matters
until such time the new Council is appointed.
Article 73 []
The Emir shall appoint Ministers by an Emiri Order upon nomination
by the Prime Minister; and he shall accept resignations of Ministers
and relieve them from office in a like manner. Where a resignation
of a minister has been accepted, the Minister may be entrusted with
running urgent matters until his successor is appointed.
Article 74 []
The Emir shall take the following oath prior to the discharge of his
functions in a special session convened by Al-Shoura Council:
The Emir shall take the following oath prior to the discharge of his
functions in a special session convened by Al-Shoura Council:
(I swear by Almighty God to respect Sharia law, the Constitution and
the law, protect the independence of the State, safeguard its
territorial integrity, and defend the freedom and interests of its
people).
Article 75 []
The Emir shall seek public opinion on important issues pertaining to
the interests of the State in a referendum. The subject of such
referendum shall be deemed acceptable if acknowledged by the
majority of voters; and the results of the referendum shall be
binding and effective from the date of its announcement. The results
shall be published in the official Gazette.
Chapter Three The Legislative Authority
Article 76 []
Al-Shoura Council shall assume the legislative authority, approve
the general policy of the Government, the budget, and it shall
exercise control over the executive authority as specified in this
Constitution.
Article 77 []
Al-Shoura Council shall consist of forty-five Members thirty of whom
shall be elected by direct, general secret ballot; and the Emir
shall appoint the remaining fifteen Members from amongst the
Ministers or any other persons. The term of service of the appointed
Members in Al-Shoura Council shall expire when these Members resign
their seats or are relieved from their posts.
Article 78 []
The system of election shall be determined by law in which the
conditions and procedure of nomination and election are specified.
Article 79 []
The electoral constituencies into which the State is divided and the
districts thereof shall be determined by a decree.
Article 80 []
The member of Al-Shoura council should fulfill the following
conditions:
1. To be a holder of an original Qatari nationality;
2. His age shall not be less than thirty calendar years at the
closing date of nomination;
3. To be good in reading and writing Arabic;
4. Not to have been convicted by a competent court of law for an
offense involving moral turpitude or dishonesty unless rehabilitated
in accordance with the law; and
5. Eligible to vote as determined in the elections law.
Article 81 []
The term of Al-Shoura Council shall be four calendar years
commencing from the date of the first meeting; and the elections of
the new Council shall be conducted during the last ninety days of
the aforementioned term. The Member whose term of service expires
may be re-elected; and where the elections are not held at the
expiry of the term of the Council or delayed for any reason
whatsoever, the term of the Council shall remain intact until a new
Council is elected. The legislative term shall not be extended save
for necessity and by decree provided that the said extension shall
not exceed the period of one legislative term.
Article 82 []
The law shall determine the competent Judicial Authority that shall
decide on the validity of the Members' election of Al-Shoura
Council.
Article 83 []
Where for any reason a seat of one of the elected Members of Al-Shoura
Council falls vacant at least six months before the term of the
Council expires, a successor shall be elected within two months from
the date of notification of such vacancy. Where, on the other hand,
a seat of an appointed Member falls vacant, a new Member shall be
appointed to fill the vacancy. In both cases, the new Member shall
complete the term of his predecessor.
Article 84 []
The annual term of session of the Council shall at least be eight
months and the Council may not be allowed to adjourn the session
until the budget of the State is approved.
Article 85 []
Al-Shoura Council shall commence its annual ordinary session upon
convocation by the Emir within the month of October every year.
Article 86 []
Notwithstanding the preceding two articles, the Emir shall call the
Council for the first meeting following the general elections of the
Council within one month of the end of election. Where the convening
of the Council is delayed during this term from the date prescribed
by the preceding article, then the duration of the term of the
Council shall be reduced by the time difference between the two
fore-mentioned dates.
Article 87 []
The Emir or his nominated representative shall open the annual term
of the session of Al-Shoura Council and give a comprehensive speech
in which he addresses the affairs of the State.
Article 88 []
In the case of necessity, the Emir shall, by a decree, or upon a
request by a majority of the Members of the Council call Al-Shoura
Council to an extraordinary meeting. In case of an extraordinary
session, the Council shall not look into matters other than those
for which the Council is convoked.
Article 89 []
Summoning and adjourning the ordinary and extraordinary sessions of
the Council shall be by decree.
Article 90 []
The Emir may by a decree postpone the meeting of Al-Shoura Council
for a period of time not exceeding one month; and the postponement
of the meeting of Al-Shoura Council shall not be repeated during one
term save by the approval of the Council and for one period and such
period shall not be considered as part of the term of the session.
Article 91 []
The Council shall hold its meetings in its seat in Doha City;
however, the Emir may call the Council to convene in any other
place.
Article 92 []
Prior to the discharge of their duties before Al-Shoura Council and
in an open session, the Members shall take the following oath:
(I swear by the Almighty God to be loyal to the country and to the
Emir, respect Sharia law, the Constitution and the law, and
safeguard the interests of the people and perform my duties with
honesty and integrity).
Article 93 []
The Council shall in its first convening and for the duration of its
term of session elect a Speaker and Deputy Speaker from amongst the
Members. In the event of vacancy of office of either of them, the
Council shall elect to replace either of them for the rest of the
duration of the term of Council. The election shall be by secret
ballot and by absolute majority of the votes of attending Members;
and should such majority not be attained on the first vote, a second
vote shall be taken between the two Members who obtained the highest
number of votes of attending Members. Where there is a tie between
the second of the two who obtained the most votes and another
candidate, this other candidate shall run for the second voting and
in such case the election shall be determined by relative majority.
In the event that more than one candidate obtains equal votes, a lot
is cast.The session shall be chaired by the most senior Member until
the Speaker is elected.
Article 94 []
The Council shall set up from amongst its Members, within two weeks
from the commencement of its annual term of session, committees as
may be necessary for the performance of its functions. Such
committees may discharge their functions during the recess of the
Council in preparation for submission of the outcomes of their work
to the Council at the beginning of the following term of session.
Article 95 []
The Council shall have a bureau consisting of the Speaker, his
deputy and chairs of committees, and it shall have a general
secretariat to assist the Council in the discharge of its functions.
Article 96 []
Maintaining order in the Council shall be the function of the
Speaker.
Article 97 []
Al-Shoura Council shall make its internal regulations comprising its
internal order and the conduct of its business, the work of
committees, organization of sessions, rules of proceedings, voting
and all functions stipulated in this Constitution. The regulations
shall determine the disciplinary penalties for the Members'
violation of order or failure to attend sessions of the Council or
committees without acceptable reason; and the aforementioned
regulations shall be issued by law.
Article 98 []
Sittings of the Council shall be public, and they may also be held
in camera upon a request of one third of the Members of the Council
or upon a request from the Council of Ministers.
Article 99 []
For the sessions of the Council to be quorum, the majority of the
Members must be present provided that the Speaker or his Deputy is
present. In the event that quorum is not attained, the session shall
be adjourned to the next sitting.
Article 100 []
The resolutions of the Council shall be passed by absolute majority
of the attending Members save in cases that require special
majority; and in case the votes are equal, the Speaker shall have
casting vote.
Article 101 []
The membership of the Council expires by reason of:
1. Death or total disability;
2. Expiration of term of membership;
3. Resignation;
4. Removal from office;
5. Dissolution of the Council.
Article 102 []
The resignation of a Member shall be made in writing to the Speaker.
The Speaker shall submit the resignation to the Council to decide
its acceptance or refusal. The internal regulations shall specify
the rules pertaining to this matter.
Article 103 []
No member may be removed from the Council unless he loses confidence
and esteem, or becomes disqualified for lacking one of conditions of
the membership on the basis of which he was elected, or is in breach
of the duties of membership. The resolution of removal from the
Council shall be taken by a two-thirds majority of the Members of
the Council.
Article 104 []
The Emir may dissolve the Council by a decree in which the reasons
for the dissolution shall be stated; however, the Council shall not
be dissolved twice for the same reasons. Where the Council is
dissolved, the elections of the new Council shall take place within
a period not exceeding six months as of the date of dissolution.
Until a new Council is elected, the Emir with the assistance of the
Council of Ministers shall assume the power of legislation.
Article 105 []
1. Every Member of the Council shall have the right to propose
bills; and every proposal shall be referred to the relevant
committee in the Council for study, making recommendation and
submission to the Council. If the Council accepts the proposal, the
same shall be referred in draft form to the Government for study and
opinion. Such a draft shall be returned to the Council during the
same or the following term of session.
2. Any bill rejected by the Council may not be re-introduced during
the same term of session.
Article 106 []
1. Any draft law passed by the Council shall be referred to the Emir
for ratification.
2. If the Emir, declines to approve the draft law, he shall return
it a long with the reasons for such declination to the Council
within a period of three months from the date of referral.
3. In the event that a draft law is returned to the Council within
the period specified in the preceding paragraph and the Council
passes the same once more with a two-thirds majority of all its
Members, the Emir shall ratify and promulgate it. The Emir may in
compelling circumstances order the suspension of this law for the
period that he deems necessary to serve the higher interests of the
country. If, however, the draft law is not passed by a two-thirds
majority, it shall not be reconsidered within the same term of
session.
Article 107 []
The general draft budget shall be submitted to Al-Shoura Council at
least two months from the commencement of the fiscal year and it
shall not be in force unless the Council approves it. Al-Shoura
Council may with the approval of the Government make amendments to
the draft budget; and in case that the draft budget is not passed
before the start of fiscal year, the previous budget continues to be
effective until the new budget is passed. The law shall define the
method of preparing the budget is prepared and specify the fiscal
year.
Article 108 []
Al-Shoura Council shall have the right to express to the Government
its interest in public matters. If the Government is unable to
comply with such interest, it must give to the Council the reasons
for that. The Council may comment but once on the statement of the
Government.
Article 109 []
Every Member of Al-Shoura Council may address a point of
clarification to the Prime Minister and to any of the Ministers
pertaining to matters within their jurisdiction; and only the person
who raised the question has the right to comment but once on the
response.
Article 110 []
Every Member of Al-Shoura Council may address an interpellation to
Ministers on matters within their jurisdiction. An interpellation
may not be made unless it is agreed on by one third of the Members
of the Council. Such interpellation may not be discussed before a
period of at least ten days from the date of submission save in
urgent circumstances and provided the Minister agrees to reduce such
period.
Article 111 []
Every Minister is responsible before Al-Shoura Council for the
performance of his ministry; and the Minister may not be subjected
to a vote of confidence save after an interpellation addressed to
him. The vote of confidence shall be discussed if the Minister so
desires or upon a request signed by fifteen Members. The Council may
not take a resolution in this respect before at least ten days from
the date of the submission of the request or expression of desire;
and the vote of no confidence on the Minister shall be a majority of
two thirds of the Members of the council. The minister shall be
considered to have relinquished his office as of the date of the no
confidence resolution.
Article 112 []
The Minister of the Council shall in no circumstances be accountable
for opinions or statements he makes in respect of matters within the
jurisdiction of the Council.
Article 113 []
1. Save when a Member of Al-Shoura Council is found flagrante
delicto, he shall not be arrested, detained, searched or subject to
investigation without prior permission from the Council. Where the
Council has not issued a resolution on the request for permission
within a period of one month from the date of receipt of the said
request, this shall be virtually considered a permission. The
permission shall be issued by the Speaker of the Council when the
latter is not in session.
2. In case of flagrante delicto, the Council must be notified of the
measures taken against the offending Member; and where the Council
is not in session, such notification should be made at the first
subsequent session.
Article 114 []
Combination of membership of the Council and the assumption of
public posts shall not be permissible save in cases where
combination is permissible in accordance with the Constitution.
Article 115 []
The Members of Al-Shoura Council shall aim in their conduct to serve
the interests of the country and shall not, in any way, use their
official positions for their own interests, nor for the interests of
their own acquaintances. The law shall determine the acts that are
restricted for the Member of Al-Shoura Council.
Article 116 []
The Speaker of the Council, his Deputy and the Members shall be
granted a remuneration to be determined by law. Such remuneration
shall be due as of the date of taking oath before the Council.
Chapter Four The Executive Authority
Article 117 []
No one shall assume a Ministerial Post save a person of an original
Qatari nationality.
Article 118 []
The formation of the Council of Ministers shall be by an Emiri Order
on a proposal by the Prime Minister. The Emir may entrust the Prime
Minister or any other Minister with the functions of one or more
ministries; and the law shall specify the powers of Ministers.
Article 119 []
Prior to assuming office, the Prime Minister and the Ministers shall
take before the Emir the following oath:
( I swear by Almighty God to be loyal to the country and to the Emir
, respect Shari'a Law, the Constitution and the law, fully safeguard
the interests of the people, perform my duties faithfully,
conscientiously, and with honour, and fully safeguard the
territorial integrity and safety of the State).
Article 120 []
The Council Of Ministers shall assist the Emir in discharging his
functions and exercising his powers in accordance with this
Constitution and the provisions of the law.
Article 121 []
It shall be conferred upon the Council of Ministers, in its capacity
as the highest executive organ, to administer all the internal and
external affairs falling within its jurisdiction as determined in
this Constitution and the provisions of the law. The Council of
Ministers shall specifically perform the following functions:
1. Proposal of draft laws and decrees and submission of the same to
Al-Shoura Council for debates. If such proposed laws are approved by
the Advisory Council, they shall be referred to the Emir for
ratification and promulgation in accordance with the provisions of
this Constitution;
2. Approval of the regulations and decisions prepared by the
Ministries and other Government organs relevant to their respective
jurisdiction for the implementation of the laws in accordance with
their provisions;
3. Supervision of the implementation of laws, decrees, regulations,
and resolutions;
4. Proposals of establishing and organizing of the Government
departments, public authorities and corporate bodies according to
the law;
5. High control of the financial and administrative system of the
Government;
6. Appointment and dismissal of civil servants in the cases where
such appointment and dismissal do not fall within the jurisdiction
of the Emir or the power of the Ministers as specified by the law;
7. Drawing up the general regulations that adequately ensure the
maintenance of internal security and public order in all parts of
the State in accordance with the law;
8. Administration of the finance of the State and preparation of its
draft budget as determined by this Constitution and the provisions
of the law;
9. Approval of economic project and methods of their implementation;
10. Supervision of the means for preserving the interests of the
State abroad and maintenance of its international relations and
foreign affairs;
11. Preparation of a report at the beginning of every fiscal year
including a detailed survey of the tasks accomplished internally and
abroad. The report shall be accompanied with a plan drawing up the
most adequate ways for achieving comprehensive development of the
State, providing the necessary conditions for its development and
prosperity, and consolidating its security and stability in
accordance with the basic guiding principles of the policy of the
State as stated in this Constitution. The said report shall be
submitted to the Emir for approval;
12. Any other functions vested upon it by this Constitution or the
law.
Article 122 []
The Ministers shall implement the general Government policy, each
within the limits of his jurisdiction .The Emir may request the
Prime Minister and the Ministers to submit reports on any matter of
the State that fall within the scope of their functions.
Article 123 []
The Prime Minister and the Ministers are collectively responsible
before the Emir for the implementation of the general Government
policy; and each one of them is individually responsible before the
Emir for the manner in which he carries out his duties and exercises
his function.
Article 124 []
The law shall determine remunerations for the Prime Minister and the
Ministers; and all provisions pertaining to the Ministers shall
apply to the Prime Minister unless otherwise stipulated.
Article 125 []
The Prime Minister shall, preside over the sessions of the Council,
organize its proceedings and supervise coordination of work among
the various Ministries in order to achieve unity and harmony among
the Governmental organs of the State. The Prime Minister shall sign,
in the name and on behalf of the Council of Ministers, decisions
made by the Council.
He shall also submit to the Emir the decisions of the Council on
matters requiring an Emiri Resolution for approval and issuance in
accordance with the provisions of this Constitution.
Article 126 []
The meetings of the Council of Ministers shall be quorum if a
majority of its Members are present, provided that the Prime
Minister or his Deputy are present. The discussions of the Council
shall be secret; and its decisions shall be made by a majority of
the present Members. When the votes are equal, the Prime Minister
shall have casting vote. The minority shall abide by the opinion of
the majority.
Article 127 []
The Council of Ministers shall set up its internal regulations and
it shall have a general secretariat to assist in the discharge of
its functions.
Article 128 []
When assuming their positions, the Ministers shall aim to serve the
interests of the country and shall not, in any way, misuse their
official positions for their own interests, or for the interests of
their own acquaintances. The law shall determine the acts that are
restricted for Ministers and the acts committed during their term of
office that entail accountability; and the said law shall specify
the manner of accountability.
Chapter Five The Judicial Authority
Article 129 []
The supremacy of law is the base of rule in the State. The honour of
the judiciary, its integrity, and impartiality of judges are a
safeguard of rights and liberties.
Article 130 []
The judicial authority shall be independent and it shall be vested
in courts of different types and grades. The courts shall make their
judgments according to the law.
Article 131 []
Judges are independent and they shall not be subject to any power in
the exercise of their judicial functions as provided by the law and
no interference whatsoever shall be permitted with court proceedings
and the course of justice.
Article 132 []
The law shall regulate the categories and divisions of courts and
define their jurisdiction and powers. The jurisdiction of Military
tribunals is restricted, save when martial law is in force, to
military crimes committed by staff of the armed and the security
forces within the limitations specified by the law.
Article 133 []
Court sessions shall be public save when a court decides, for the
interest of public order or morality, to hold them in camera. In all
cases, the pronouncement of judgments shall be made in an open
session.
Article 134 []
Judges shall not be subject to removal from office save in cases
specified by the law. The said law shall also specify the rules and
disciplinary matters applicable to Judges.
Article 135 []
The right of litigation is inviolable and it shall be guaranteed to
all people. The law shall specify the procedures and manner of
exercising this right.
Article 136 []
Public prosecution shall conduct public actions in the name of the
people, supervise the law enforcement, and ensure the enforcement of
criminal laws. The law shall regulate the functions of this body,
specify the condition and guarantees pertaining to the staff
discharging the functions of the same.
Article 137 []
The judiciary shall have a Supreme Council to supervise the proper
functioning of courts of law and their auxiliary organs. The law
shall determine the composition, powers and functions of the said
Council.
Article 138 []
The law shall determine the competent body entrusted with the
settlement of administrative disputes and define its structure and
manner of discharging its functions.
Article 139 []
The law shall regulate the method of settling conflicts of
jurisdiction and also judgments among the judicial bodies.
Article 140 []
The law shall specify the competent judicial body for settling of
disputes pertaining to the constitutionality of laws and
regulations, define its powers and method of challenging and
procedures to be followed before the said body. It shall also
specify the consequences of judgment regarding unconstitutionality.
Part Five Final Provisions
Article 141 []
The Emir shall promulgate this Constitution and it shall come into
force as of the day immediately following the date of its
publication in the official Gazette.
Article 142 []
The laws shall be published in the official Gazette after
ratification and promulgation within two weeks of their issue, and
unless otherwise stated in the laws themselves, such laws shall come
into force a month as of the date of their publication.
Article 143 []
All provisions embodied in laws and regulations in force upon the
entering of this Constitution into force shall continue to be valid
and effective unless they are amended in accordance with it. The
enforcement of this Constitution shall not affect the provisions of
the treaties and international agreements to which the State of
Qatar is a party.
Article 144 []
The Emir or one third of the Members of Al-Shoura Council each shall
have the prerogative to apply for the amendment of one or more of
the articles of this Constitution. If the majority Members of the
Council accept the amendment in principle, the Council may discuss
it article by article. The amendment shall be passed by a two-thirds
majority of the Members of the Council. The said amendment shall not
be into force before the approval of the Emir and its publication in
the official Gazette. If, on the other hand, the proposal for
amendment is rejected in principle or in subject, it may not be
re-introduced before the lapse of one year from the date of its
rejection.
Article 145 []
Provisions pertaining to the rule of the State and its inheritance
thereof may not be subject to application for amendment.
Article 146 []
Provisions pertaining to rights and public liberties may not be
subject to amendment save for the purpose of granting more rights
and guarantees for the interest of the citizen.
Article 147 []
The functions of the Emir set forth in this Constitution may not be
subject to an application for amendment during the term of his
deputation.
Article 148 []
No article of this Constitution may be proposed for amendment before
the lapse of a period of ten years from the date of its coming into
force.
Article 149 []
No provision of this Constitution may be suspended save where
martial laws are in force and within the limits specified by the
law; however, the convening of the session of Al-Shoura Council may
not be suspended neither may the immunity of its Members be violated
during this period.
Article 150 []
The Amended Provisional Constitution, issued on 19th April, 1972, in
force in the State, shall be repealed. The provisions pertaining to
the current Al-Shoura Council shall remain in force until the new
Council is elected.
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