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Back to: Constitutions
Bahrain
Adopted on: 14 Feb 2002
Official Title: Constitution of the Kingdom of Bahrain
[Preamble] Foreword to the Constitution
In the
name of God on high, and with His blessing, and with His help, we
Hamad bin Isa Al Khalifa, Sovereign of the Kingdom of Bahrain, in
line with our determination, certainty, faith, and awareness of our
national, pan-Arab and international responsibilities; and in
acknowledgment of our obligations to God, our obligations to the
homeland and the citizens, and our commitment to fundamental
principles and our responsibility to Mankind,
And in
implementation of the popular will expressed in the principles
enshrined in the National Action Charter; pursuant to the authority
entrusted to us by our great people to amend the Constitution; out
of our desire to complete the requirements of the democratic system
of government for our beloved nation; striving for a better future
in which the homeland and the citizen will enjoy greater welfare,
progress, development, stability and prosperity through earnest and
constructive cooperation between government and citizens which will
remove the obstacles to progress; and out of a conviction that the
future and working for the future is what all of us seek in the
coming stage; and in view of our belief that such an objective
requires the exertion of efforts; and in order to complete the
march, we have amended the existing Constitution.
This
amendment has taken account of all the lofty values and the great
human principles enshrined in the National Action Charter. These
values and principles confirm that the people of Bahrain surge ahead
in their triumphant march towards a bright future, God willing, a
future in which the efforts of all parties and individuals unite,
and the authorities in their new garb devote themselves to achieve
the hopes and aspirations under his tolerant rule, declaring their
adherence to Islam as a faith, a code of laws and a way of life,
with their affiliation to the great Arab nation, and their
association with the Gulf Cooperation Council now and in the future,
and their striving for everything that will achieve justice, good
and peace for the whole of Mankind.
The
amendments to the Constitution proceed from the premise that the
noble people of Bahrain believe that Islam brings salvation in this
world and the next, and that Islam means neither inertness nor
fanaticism but explicitly states that wisdom is the goal of the
believer wherever he finds it he should take it, and that the Qur'an
has been remiss in nothing.
In
order to achieve this goal, it is essential that we listen and look
to the whole of the human heritage in both East and West, adopting
that which we consider to be beneficial and suitable and consistent
with our religion, values and traditions and is appropriate to our
circumstances, in the conviction that social and human systems are
not inflexible tools and instruments which can be moved unchanged
from place to place, but are messages conveyed to the mind, spirit
and conscience of Man and are influenced by his reactions and the
circumstances of his society.
Thus
these constitutional amendments are representative of the advanced
cultural thought of our beloved nation. They base our political
system on a constitutional monarchy founded on counsel [shura],
which in Islam is the highest model for governance, and on the
people's participation in the exercise of power, which is the
foundation of modern political thought. The Ruler, with his
perspicacity, chooses certain experienced people to constitute the
Consultative Council (Majlis al-Shura), and the aware, free and
loyal people choose through elections those who make up the Chamber
of Deputies (Majlis al-Nuwwab), and thus the two chambers together
achieve the popular will represented by the National Assembly (Al-Majlis
al-Watani).
These
constitutional amendments undoubtedly reflect the joint will of the
King and the people, and achieve for everyone the lofty ideals and
the great humanitarian principles contained in the National Action
Charter, and ensure that the people will advance to the high
position for which their ability and preparedness qualify them, and
which accords with the greatness of their history, and allows them
to occupy their appropriate place among the civilised nations of the
world.
This constitution that we have promulgated contains the amendments
that have been carried out in accordance with the provisions of the
National Action Charter and that complement all the unamended texts.
We have
attached an explanation memorandum which will be used to explain its
judgement.
Chapter I The State
Article 1 [Sovereignty, Constitutional Monarchy]
a. The Kingdom of Bahrain is a fully sovereign, independent Islamic
Arab State whose population is part of the Arab nation and whose
territory is part of the great Arab homeland. Its sovereignty may
not be assigned or any of its territory abandoned.
b. The regime of the Kingdom of Bahrain is that of a hereditary
constitutional monarchy, which has been handed down by the late
Sheikh Isa bin Salman Al Khalifa to his eldest son Sheikh Hamad bin
Isa Al Khalifa, the King. Thenceforward it will pass to his eldest
son, one generation after another, unless the King in his lifetime
appoints a son other than his eldest son as successor, in accordance
with the provisions of the Decree on inheritance stated in the
following clause.
c. All provisions governing inheritance are regulated by a special
Royal Decree that will have a constitutional character, and which
can only be amended under the provisions of Article 120 of the
Constitution.
d. The system of government in the Kingdom of Bahrain is democratic,
sovereignty being in the hands of the people, the source of all
powers. Sovereignty shall be exercised in the manner stated in this
Constitution.
e. Citizens, both men and women, are entitled to participate in
public affairs and may enjoy political rights, including the right
to vote and to stand for elections, in accordance with this
Constitution and the conditions and principles laid down by law. No
citizen can be deprived of the right to vote or to nominate oneself
for elections except by law.
f. This Constitution may be amended only partly, and in the manner
provided herein.
Article 2 [State Religion, Shari'a, Official Language]
The religion of the State is Islam. The Islamic Shari'a is a
principal source for legislation. The official language is Arabic.
Article 3 [Flag]
The State flag, emblem, logos, honours and national anthem are laid
down by law.
Chapter II Basic Constituents of Society
Article 4 [State Principles]
Justice is the basis of government. Cooperation and mutual respect
provide a firm bond between citizens. Freedom, equality, security,
trust, knowledge, social solidarity and equality of opportunity for
citizens are pillars of society guaranteed by the State.
Article 5 [Family]
a. The family is the basis of society, deriving its strength from
religion, morality and love of the homeland. The law preserves its
lawful entity, strengthens its bonds and values, under its aegis
extends protection to mothers and children, tends the young and
protects them from exploitation and safeguards them against moral,
bodily and spiritual neglect. The State cares in particular for the
physical, moral and intellectual development of the young.
b. The State guarantees reconciling the duties of women towards the
family with their work in society, and their equality with men in
political, social, cultural, and economic spheres without breaching
the provisions of Islamic canon law (Shari'a).
c. The State guarantees the requisite social security for its
citizens in old age, sickness, disability, orphanhood, widowhood or
unemployment, and also provides them with social insurance and
healthcare services. It strives to safeguard them against ignorance,
fear and poverty.
d. Inheritance is a guaranteed right governed by the Islamic Shari'a.
Article 6 [Arab and Islamic Heritage]
The State safeguards the Arab and Islamic heritage. It contributes
to the advancement of human civilization and strives to strengthen
the bonds between the Islamic countries, and to achieve the
aspirations of the Arab nation for unity and progress.
Article 7 [Education]
a. The State sponsors the sciences, humanities and the arts, and
encourages scientific research. The State also guarantees
educational and cultural services to its citizens. Education is
compulsory and free in the early stages as specified and provided by
law. The necessary plan to combat illiteracy is laid down by law.
b. The law regulates care for religious and national instruction in
the various stages and forms of education, and at all stages is
concerned to develop the citizen's personality and his pride in his
Arabism.
c. Individuals and bodies may establish private schools and
universities under the supervision of the State and in accordance
with the law.
d. The State guarantees the inviolability of the places of learning.
Article 8 [Health Care]
a. Every citizen is entitled to health care. The State cares for
public health and the State ensures the means of prevention and
treatment by establishing a variety of hospitals and healthcare
institutions.
b. Individuals and bodies may establish private hospitals, clinics
or treatment centres under the supervision of the State and in
accordance with the law.
Article 9 [Property]
a. Ownership, capital and work -- in accordance with the principles
of Islamic justice -- are basic constituents of the social entity of
the State and the national wealth, and are all individual rights
with a social function regulated by law.
b. Public funds are inviolate, and it is the duty of every citizen
to protect them.
c. Private ownership is protected. No one shall be prevented from
disposing of his property within the limits of the law. No one shall
be dispossessed of his property except for the public good in the
cases specified and the manner stated by law and provided that he is
fairly compensated.
d. Public expropriation of funds is prohibited, and private
expropriation shall be a penalty only by judicial ruling in the
cases prescribed by law.
e. The relationship between the owners of land and real estate and
their tenants shall be regulated by law on economic principles while
observing social justice.
f. The State shall endeavour to provide housing for citizens with
limited income.
g. The State shall make the necessary arrangements to ensure the
exploitation of land suitable for productive farming, and shall
strive to raise the standards of farmers. The law lays down how
small farmers are to be helped and how they can own their land.
h. The State shall take the necessary measures for the protection of
the environment and the conservation of wildlife.
Article 10 [Economy]
a. The national economy is based on social justice, and it is
strengthened by fair cooperation between public and private
business. Its objective, within the limits of the law, is economic
development according to a well-ordered plan and achievement of
prosperity for the citizens, all within the bounds of the law.
b. The State endeavours to achieve the economic union of the Gulf
Cooperation Council states and the states of the Arab League, and
everything that leads to rapprochement, cooperation, coordination
and mutual assistance among them.
Article 11 [Natural Resources]
All natural wealth and resources are State property. The State shall
safeguard them and exploit them properly, while observing the
requirements of the security of the State and of the national
economy.
Article 12 [Compensation]
The State guarantees the common liability of society in bearing the
burdens arising from public disasters and ordeals, and for
compensating those affected by war damage or as a result of
performing their military duties.
Article 13 [Work]
a. Work is the duty of every citizen, is required by personal
dignity and is dictated by the public good. Every citizen has the
right to work and to choose the type of work within the bounds of
public order and decency.
b. The State guarantees the provision of job opportunities for its
citizens and the fairness of work conditions.
c. Compulsory work cannot be imposed on any person except in the
cases specified by law for national exigency and for a fair
consideration, or pursuant to a judicial ruling.
d. The law regulates the relationship between employees and
employers on economic basis while observing social justice.
Article 14 [Savings, Credit]
The State encourages cooperation and saving, and supervises the
regulation of credit.
Article 15 [Taxes]
a. Taxes and public costs are based on social justice, and their
payment is a duty under the law.
b. The law regulates exemption of low incomes from taxes in order to
ensure that a minimum standard of living is safeguarded.
Article 16 [Public Jobs]
a. Public jobs are a national service entrusted to their incumbents,
and State employees shall have the public interest in mind when
performing their jobs. Foreigners shall not be entrusted with public
posts except in those cases specified by law.
b. Citizens are equal in the assumption of public posts in
accordance with the conditions specified by law.
Chapter III Public Rights and Duties
Article 17 [Citizenship]
a. Bahraini nationality shall be determined by law. A person
inherently enjoying his Bahraini nationality cannot be stripped of
his nationality except in case of treason, and such other cases as
prescribed by law.
b. It is prohibited to banish a citizen from Bahrain or prevent him
from returning to it.
Article 18 [Human Dignity, Equality]
People are equal in human dignity, and citizens are equal before the
law in public rights and duties. There shall be no discrimination
among them on the basis of sex, origin, language, religion or creed.
Article 19 [Personal Freedom]
a. Personal freedom is guaranteed under the law.
b. A person cannot be arrested, detained , imprisoned or searched,
or his place of residence specified or his freedom of residence or
movement restricted, except under the provisions of the law and
under judicial supervision.
c. A person cannot be detained or imprisoned in locations other than
those designated in the prison regulations covered by health and
social care and subject to control by the judicial authority.
d. No person shall be subjected to physical or mental torture, or
inducement, or undignified treatment, and the penalty for so doing
shall be specified by law. Any statement or confession proved to
have been made under torture, inducement, or such treatment, or the
threat thereof, shall be null and void.
Article 20 [Criminal Trials]
a. There shall be no crime and no punishment except under a law, and
punishment only for acts committed subsequent to the effective date
of the law providing for the same.
b. Punishment is personal.
c. An accused person is innocent until proved guilty in a legal
trial in which he is assured of the necessary guarantees to exercise
the right of defence at all stages of the investigation and trial in
accordance with the law.
d. It is forbidden to harm an accused person physically or mentally.
e. Every person accused of an offence must have a lawyer to defend
him with his consent.
f. The right to litigate is guaranteed under the law.
Article 21 [Asylum]
The extradition of political refugees is prohibited.
Article 22 [Conscience, Religion]
Freedom of conscience is absolute. The State guarantees the
inviolability of worship, and the freedom to perform religious rites
and hold religious parades and meetings in accordance with the
customs observed in the country.
Article 23 [Expression]
Freedom of opinion and scientific research is guaranteed. Everyone
has the right to express his opinion and publish it by word of
mouth, in writing or otherwise under the rules and conditions laid
down by law, provided that the fundamental beliefs of Islamic
doctrine are not infringed, the unity of the people is not
prejudiced, and discord or sectarianism is not aroused.
Article 24 [Press]
With due regard for the provisions of the preceding Article, the
freedom of the press, printing and publishing is guaranteed under
the rules and conditions laid down by law.
Article 25 [Home]
Dwellings are inviolate. They cannot be entered or searched without
the permission of their occupants exception in cases of maximum
necessity as laid down and in the manner provided by law.
Article 26 [Communication]
The freedom of postal, telegraphic, telephonic and electronic
communication is safeguarded and its confidentiality is guaranteed.
Communications shall not be censored or their confidentiality
breached except in exigencies specified by law and in accordance
with procedures and under guarantees prescribed by law.
Article 27 [Associations, Trade Unions]
The freedom to form associations and unions on national principles,
for lawful objectives and by peaceful means is guaranteed under the
rules and conditions laid down by law, provided that the
fundamentals of the religion and public order are not infringed. No
one can be forced to join any association or union or to continue as
a member.
Article 28 [Assembly]
a. Individuals are entitled to assemble privately without a need for
permission or prior notice, and no member of the security forces may
attend their private meetings.
b. Public meetings, parades and assemblies are permitted under the
rules and conditions laid down by law, but the purposes and means of
the meeting must be peaceful and must not be prejudicial to public
decency.
Article 29 [Petition]
Any individual may address the public authorities in writing over
his signature. Group approaches to the authorities may only be made
by statutory bodies and corporate persons.
Article 30 [Military Service]
a. Peace is the objective of the State. The safety of the nation is
part of the safety of the Arab homeland as a whole, and its defence
is a sacred duty of every citizen. Performance of military service
is an honour for citizens and is regulated by law.
b. Only the State may establish the Defence Force, National Guard,
and Public Security services. Non-citizens are assigned such tasks
only in case of maximum necessity and in the manner prescribed by
c. General or partial mobilisation shall be regulated by law.
Article 31 [Restrictions]
The public rights and freedoms stated in this Constitution may only
be regulated or limited by or in accordance with the law, and such
regulation or limitation may not prejudice the essence of the right
or freedom.
Chapter IV Public Authorities General Provisions
[Section 0 General Provision]
Article 32 [Separation of Powers]
a. The system of government rests on a separation of the
legislative, executive and judicial authorities while maintaining
cooperation between them in accordance with the provisions of this
Constitution. None of the three authorities may assign all or part
of its powers stated in this Constitution. However, limited
legislative delegation for a particular period and specific
subject(s) is permissible, whereupon the powers shall be exercised
in accordance with the provisions of the Delegation Law.
b. Legislative authority is vested in the King and the National
Assembly in accordance with the Constitution. Executive authority is
vested in the King together with the Council of Ministers and
Ministers, and judicial rulings are issued in his name, the whole
being in accordance with the provisions of the Constitution.
Section 1 The King
Article 33 [Head of State, Powers]
a. The King is Head of State, and its nominal representative, and
his person is inviolate. He is the loyal protector of the religion
and the homeland, and the symbol of national unity.
b. The King safeguards the legitimacy of the government and the
supremacy of the constitution and the law, and cares for the rights
and freedoms of individuals and organisations.
c. The King exercises his powers directly and through his Ministers.
Ministers are jointly answerable to him for general government
policy, and each Minister is answerable for the business of his
Ministry.
d. The King appoints and dismisses the Prime Minister by Royal
Order, and appoints and dismisses Ministers by Royal Decree as
proposed by the Prime Minister.
e. The Cabinet shall be re-formed as aforesaid in this article at
the start of each legislative season of the National Assembly.
f. The King appoints and dismisses members of the Consultative
Council by Royal Order.
g. The King is the Supreme Commander of the Defence Force. He
commands it and charges it with national tasks within the homeland
and outside it. The Defence Force is directly linked to the King,
and maintains the necessary secrecy in its affairs.
h. The King chairs the Higher Judicial Council. The King appoints
judges by Royal Orders, as proposed by the Higher Judicial Council.
i. The King awards honours and decorations in accordance with the
law.
j. The King establishes, grants and withdraws civilian and military
ranks and other honourary titles by Royal Order, and can delegate
others to carry out these functions on his behalf.
k. The currency is issued in the name of the King in accordance with
the law.
1. On ascending the throne, the King takes the following oath at a
special meeting of the National Assembly:
"I swear by Almighty God that I shall respect the Constitution and
the laws of the State, that I shall defend the freedoms, interests
and assets of the people, and that I shall safeguard the
independence of the nation and the integrity of its territories."
m. The Royal Court is attached to the King. A Royal Order shall be
issued to regulate it. Its budget and the rules for the budget's
control are set by a special Royal Decree.
Article 34 [Deputy Head of State]
a. In the event of his absence abroad and the inability of the Crown
Prince to act for him, the King shall appoint a Deputy by Royal
Order to exercise his powers during his period of absence. This
Order may include a special regulation for the exercise of these
powers on his behalf or may limit their scope.
b. The conditions and provisions of Clause (b) of Article 48 of this
Constitution shall apply to the King's Deputy. If he is a Minister
or a member of the Consultative Council or the Chamber of Deputies,
he shall not participate in ministerial or parliamentary business
during the period he deputises for the King.
c. Before exercising his powers, the King's Deputy shall take the
oath prescribed in the preceding Article, including the phrase :
"and I shall be loyal to the King". The oath shall be taken in the
National Assembly if in session, and if not it shall be taken before
the King. The Crown Prince shall take this oath once, even if he
deputises for the King a number of times.
Article 35 [Legislative Powers]
a. The King may amend the Constitution, propose laws, and is the
authority for their ratification and promulgation.
b. A law shall be deemed ratified and the King shall promulgate it
if six months have elapsed from the date on which it was submitted
to him by the Consultative Council and Chamber of Deputies without
it being returned to these Chambers for reconsideration.
c. With due regard for the provisions pertaining to amendment of the
Constitution, if within the interval prescribed in the preceding
clause the King returns to the Consultative Council and the Chamber
of Deputies for reconsideration the draft of any law by way of a
Decree in justification, he shall state whether it should be
reconsidered in that same session or the next.
d. If the Consultative Council and the Chamber of Deputies, or the
National Assembly, re-approve the draft by a majority of two-thirds
of their members, the King shall ratify it, and shall promulgate it
within one month of its approval for the second time.
Article 36 [Declaration of War]
a. Aggressive war is forbidden. A defensive war is declared by a
Decree which shall be presented to the National Assembly immediately
upon its declaration, for a decision on the conduct of the war.
b. A state of national safety or martial law shall be proclaimed
only by Decree. In all cases, martial law cannot be proclaimed for a
period exceeding three months. This period may not be renewed except
with the consent of the majority of the members of the National
Assembly present.
Article 37 [Treaties]
(1) The King shall conclude treaties by Decree, and shall
communicate them to the Consultative Council and the Chamber of
Deputies forthwith accompanied by the appropriate statement. A
treaty shall have the force of law once it has been concluded and
ratified and published in the Official Gazette.
(2) However, peace treaties and treaties of alliance, treaties
relating to State territory, natural resources, rights of
sovereignty, the public and private rights of citizens, treaties
pertaining to commerce, shipping and residence, and treaties which
involve the State Exchequer in non-budget expenditure or which
entail amendment of the laws of Bahrain, must be promulgated by law
to be valid.
(3) Under no circumstances may a treaty include secret clauses which
conflict with those openly declared.
Article 38 [Decrees]
(1) If between the convening of both the Consultative Council and
the Chamber of Deputies sessions, or during the period in which the
National Assembly is in recess, any event should occur that requires
expediting the adoption of measures that brook no delay, the King
may issue relevant Decrees that have the force of law, provided they
do not contravene the Constitution.
(2) Such Decrees must be referred to both the Consultative Council
and the Chamber of Deputies within one month from their promulgation
if the two chambers are in session, or within a month of the first
meeting of each of the two new chambers in the event of dissolution
or if the legislative term had ended. If the Decrees are not so
referred, their legal force shall abate retrospectively without a
need to issue a relevant ruling. If they are referred to the two
chambers but are not confirmed by them their legal force shall also
abate retrospectively.
Article 39 [Administrative Decrees]
a. The King shall lay down the regulations for implementation of the
laws, by Decrees which shall not include amendment or suspension of
those laws or exemption from their implementation. The law may
prescribe a lower instrument than a Decree for promulgation of the
regulations necessary for their implementation.
b. The King shall lay down the control regulations and the
regulations necessary for the organization of public directorates
and departments, by Decrees in a manner which does not conflict with
the laws.
Article 40 [Officers]
The King shall appoint and dismiss civil servants, military
personnel, and political representatives in foreign States and with
international organizations, within the bounds and on the conditions
prescribed by law, and shall accredit the representatives of foreign
States and organizations.
Article 41 [Pardon, Amnesty]
The King may abate or commute a sentence by Decree. A total amnesty
may be granted only by law, and shall apply to offences committed
before the amnesty was proposed.
Article 42 [Electoral Orders]
a. The King shall issue the Orders for elections to the Chamber of
Deputies in accordance with the provisions of the law.
b. The King shall invite the National Assembly to convene by Royal
Order, and shall open its proceedings and bring them to a close in
accordance with the provisions of the Constitution.
c. The King is entitled to dissolve the Chamber of Deputies by a
Decree that states the reasons for the dissolution. The Chamber
cannot be dissolved for the same reasons once again.
Article 43 [Popular Referendum]
The King may conduct a popular referendum on important laws and
issues connected with the interests of the State. The issue on which
the referendum has been held is considered to have been agreed upon
if approved by a majority of those who cast their votes. The result
of the referendum shall be binding on all and effective from the
date it is declared, and it shall be published in the Official
Gazette.
Section 2 The Executive Authority
Article 44 [Composition]
The Council of Ministers shall consist of the Prime Minister and a
number of Ministers.
Article 45 [Eligibility]
a. The incumbent of a Ministry must be a Bahraini, aged not less
than 30 years by the Gregorian Calendar and must enjoy full
political and civil rights. Unless otherwise provided, the
provisions pertaining to Ministers apply also to the Prime Minister.
b. The salaries of the Prime Minister and Ministers shall be laid
down by law.
Article 46 [Oath of Office]
Before exercising their powers, the Prime Minister and Ministers
shall take the oath prescribed in Article 78 of this Constitution
before the King.
Article 47 [Powers]
a. The Council of Ministers shall oversee State interests, lay down
and follow through the implementation of general government policy,
and supervise the course of business in the Government apparatus.
b. The King shall chair those meetings of the Council of Ministers
which he attends.
c. The Prime Minister shall supervise performance of the tasks of
the Council of Ministers and the course of its business, implement
its decisions and coordinate between the various Ministries and
integrate their business.
d. Relinquishment by the Prime Minister of his position for any
reason shall entail removal of all Ministers from their posts.
e. The deliberations of the Council of Ministers shall be
confidential. Its decisions shall be adopted when a majority of its
members attend and there is a majority of those attending in favour.
In the event of a tied vote, the side on which the Prime Minister's
vote is cast shall prevail. The minority shall abide by the opinion
of the majority unless they resign. Council decisions shall be
submitted to the King for approval in cases where issue of a
relevant Decree is required.
Article 48 [Departments, Incompatibilities]
a. Each minister shall supervise the affairs of his Ministry and
implement the general government policy in that Ministry. He shall
also decide the orientation of the Ministry and supervise the
putting of it into practice.
b. While in charge of his Ministry, a Minister may not assume any
other public office, nor may he even indirectly practise a
profession or conduct industrial, commercial or financial business,
nor may he participate in contracts concluded by the Government or
public institutions, or combine his ministerial position with the
membership of the board of directors of any company except as a
non-remunerated Government representative. Also during this period
the Minister may not purchase or rent a State asset even by way of
public auction, nor may he lease, sell, or barter any of his assets
to the State.
Article 49 [Succession]
If the Prime Minister or the Minister relinquishes his position for
any reason, he shall continue to discharge urgent business of his
function until a successor is appointed.
Article 50 [Supervision of Self-Government]
a. The law shall regulate public institutions and municipal
departmental bodies so as to ensure their independence under State
direction and supervision. The law shall ensure the municipal
departmental bodies can administer and oversee the services that
have a local character and are within their area.
b. The State shall direct public welfare institutions for the public
good in a manner consistent with general State policy and the
interest of its citizens.
Section 3 The Legislative Authority National Assembly
[Part 0 General Provision]
Article 51 [Chambers]
The National Assembly consists of two Chambers: the Consultative
Council and the Chamber of Deputies.
Part 1 The Consultative Council
Article 52 [Composition]
The Consultative Council is composed of forty members appointed by
Royal Order.
Article 53 [Eligibility]
A member of the Consultative Council must be a Bahraini, enjoy full
political and civil rights, be on an electoral list, must not be
less than a full thirty five years of age by the Gregorian Calendar
on the day of appointment, and must be experienced or have rendered
distinguished services to the Nation.
Article 54 [Term]
a. The term of membership of the Consultative Council is four years,
and members may be reappointed when their term has expired.
b. If for any reason the place of a member of the Consultative
Council becomes vacant before his term is due to expire, the King
shall appoint a replacement to serve until the end of the term of
his predecessor.
c. Any member of the Consultative Council may ask to be exempted
from membership of the Council by applying to the President of the
Council, and the President is to submit the request to the King.
Membership shall not terminate until the date on which the King
accedes to the request.
d. The King shall appoint the President of the Consultative Council
for the same period as the Council, and the Council shall elect two
Vice-Presidents for each convening period.
Article 55 [Sessions]
a. The Consultative Council shall meet when the Chamber of Deputies
meets, and the convening period for both Chambers shall be the same.
b. If the Chamber of Deputies is dissolved, sessions of the
Consultative Council shall be halted.
Part 2 The Chamber of Deputies
Article 56 [Composition]
The Chamber of Deputies comprises forty members elected by direct,
secret general ballot in accordance with the provisions of the law.
Article 57 [Eligibility]
A member of the Chamber of Deputies must meet the following
requirements:
a. He must be a Bahraini enjoying his full civil and political
rights, and his name must be on an electoral list.
b. On the day of his election he must be not less than thirty years
of age by the Gregorian Calendar.
c. He must read and write Arabic fluently.
d. His membership of the Consultative Council or the Chamber of
Deputies must not have been abrogated by decision of the Chamber to
which he belonged due to loss of confidence and esteem or for being
in breach of duties of membership. However, a person whose
membership has been abrogated may put himself forward as a candidate
if the legislative season during which the decision to abrogate his
membership was taken has elapsed, or if the chamber of which he was
a member adopts a decision to cancel the impediment to candidature
entailed by abrogation of membership upon expiry of the convening
period during which the decision to abrogate his membership was
taken.
Article 58 [Term]
(1) The term of the Chamber of Deputies is four years by the
Gregorian Calendar from the date of its first session. Elections for
a new Chamber of Deputies shall be held during the last four months
of that term, while observing the provisions of Article 64 of the
Constitution. A person whose period of membership has ended may be
re-elected.
(2) The King may, when necessary, extend the legislative season of
the Chamber of Deputies by Royal Order for a period not exceeding
two years.
Article 59 [Vacancies]
(1) If for any reason the place of a member of the Chamber of
Deputies becomes vacant before his term is due to expire, his
replacement shall be elected within two months from the date of
announcement of the vacancy by the Chamber, and the new member shall
serve until the end of term of his predecessor.
(2) If the vacancy occurs within the six months that precede the end
of the legislative season of the Chamber, there shall be no election
of a replacement member.
Article 60 [Presidency]
(1) At its first session the Chamber of Deputies shall choose from
among its members a President and two Vice Presidents for the same
duration as the Chamber's term. If the place of any of them falls
vacant, the Chamber shall choose a replacement to serve out his
term.
(2) In all cases election shall be by an absolute majority of those
present. If there is no such majority on the first ballot, the
election shall be conducted again between the two who secured the
most votes. If a third party tied with the second of the two, he
shall participate with them both in the election in the second
ballot, and in this case the election shall be by proportional
majority. If this proportional majority results in a tie, the
Chamber shall choose by lot.
(3) The first session shall be chaired by the eldest member until
such time as a President of the Chamber of Deputies is elected.
Article 61 [Committees]
The Chamber shall form the committees necessary for its business
during the first week of its annual assembly. These committees may
exercise their powers while the chamber is in recess.
Article 62 [Electoral Jurisdiction]
The Court of Cassation shall have jurisdiction to rule on challenges
relating to elections to the Chamber of Deputies, in accordance with
the relevant law.
Article 63 [Resignation]
The Chamber of Deputies is the authority competent to accept a
resignation from its membership. The resignation shall be deemed
final only from when the Chamber decides to accept it, and the place
shall become vacant from the date ofthat acceptance.
Article 64 [Dissolution]
a. If the Chamber of Deputies is dissolved, elections for a new
Chamber of Deputies must be held not later than four months from the
date of dissolution. If elections are not held during that period
the dissolved Chamber of Deputies shall regain its full
constitutional powers, and meets immediately as though the
dissolution never occurred, and shall continue its business until a
new Chamber is elected.
b. Notwithstanding the preceding clause, the King may defer election
of the Chamber of Deputies if there are compelling circumstances
whereby the Council of Ministers considers holding elections is not
possible.
c. If the compelling circumstances mentioned in the preceding clause
continue, the King, taking the opinion of the Council of Ministers,
may restore the dissolved Chamber of Deputies and invite it to
convene. This Chamber of Deputies shall be regarded as extant from
the date of promulgation of the Royal Decree restoring it. It shall
exercise its full constitutional powers. The provisions of this
Constitution shall apply to it including those pertaining to
completion of the Chamber's term and dissolution. The session the
Chamber holds in such a case shall be regarded as its first session
irrespective of the date of its commencement.
Article 65 [Interpellation]
(1) Upon an application signed by at least five members of the
Chamber of Deputies, any Minister may be questioned on matters
coming within his sphere of competence.
(2) The question must not pertain to a private interest of the
questioner or his relatives to the fourth degree, or be made by his
proxy.
(3) The question shall not be debated until at least eight days
after the day on which the question was posed, unless the Minister
agrees to bring the debate forward.
(4) The question may lead to the matter of confidence in the
Minister being put to the Chamber of Deputies under the provisions
of Article 66 of this Constitution.
Article 66 [Responsibility, Vote of No-Confidence]
a. Each Minister shall be responsible to the Chamber of Deputies for
the business of his Ministry.
b. A question of confidence in a Minister may be put forward only at
his own wish or upon an application signed by at least ten members
of the Chamber of Deputies following the debate of the question put
to him, and the Chamber may not give its decision on the application
until seven days after its submission.
c. If the Chamber of Deputies decides by a majority of two-thirds of
its members to give a vote of no-confidence in a Minister, he shall
be regarded as having withdrawn from the Ministry from the date of
the no-confidence vote, and he shall submit his resignation
forthwith.
Article 67 [Limitations]
a. The subject of confidence in the Prime Minister shall not be
raised in the Chamber of Deputies.
b. If, two-thirds of members of the Chamber of Deputies consider it
not possible to cooperate with the Prime Minister, the matter will
be referred to the National Assembly to consider it.
c. The National Assembly cannot issue its decision on the lack of
possibility of cooperating with the Prime Minister prior to seven
days from the date the matter was referred to it.
d. If the National Assembly decides by a majority of two thirds of
its members that it is not possible to cooperate with the Prime
Minister, the matter is submitted to the King for a decision, either
by relieving the Prime Minister of his post and appointing a new
Government, or by dissolving the Chamber of Deputies.
Article 68 [Wishes]
The Chamber of Deputies may express its wishes in writing to the
Government on public matters. If the Government finds itself unable
to meet these wishes, it must give its reasons in writing to the
Chamber.
Article 69 [Commissions of Inquiry]
(1) The Chamber of Deputies may at any time form commissions of
inquiry or delegate one or more of its members to investigate any
matter coming within the powers of the Chamber stated in the
Constitution, and the commission or member is to present the
findings of the inquiry not later than four months from the date of
commencement of the inquiry.
(2) Ministers and all State employees are to provide such testimony,
documents and statements as are asked of them.
Part 3 Provisions Common to Both Chambers
Article 70 [Legislation]
No law shall be promulgated unless approved by both the Consultative
Council and the Chamber of Deputies, or the National Assembly as the
situation demands, and ratified by the King.
Article 71 [Sessions]
The National Assembly shall convene on the second Saturday in the
month of October unless the King decides to invite it to convene
before this date. If that day is an official holiday, it shall
convene on the first working day following that holiday.
Article 72 [Length of Sessions]
The normal convening period for both the Consultative Council and
the Chamber of Deputies shall last for at least seven months, and
this convening period may not be closed before the budget is
approved.
Article 73 [Convening Period]
(1) As an exception to the provisions of the two foregoing Articles,
the National Assembly shall convene on the day following the expiry
of one month from the date of appointment of the Consultative
Council or election of the Chamber of Deputies whichever occurs
later, unless the King decides to invite it to convene before that
date.
(2) If the date of convening the National Assembly in that period is
later than the annual date prescribed in Article 71 of the
Constitution, the convening period prescribed in Article 72 of the
Constitution shall be reduced by the amount of the difference
between the two aforesaid dates.
Article 74 [King's Address and Reply]
The King shall inaugurate the ordinary convening period of the
National Assembly with a royal address. He may delegate the Crown
Prince or whomever he decides to inaugurate the convening period and
deliver the royal address on his behalf. Each of the two chambers
shall choose a committee from among its members to prepare the draft
reply to the address, and each chamber shall submit its reply to the
King after it is approved.
Article 75 [Extraordinary Sessions]
(1) Both the Consultative Council and the Chamber of Deputies shall
be called, by Royal Decree, to meet in extraordinary session if the
King deems it necessary, or if so requested by a majority of members
of either chamber.
(2) When in extraordinary session the two chambers may not consider
matters other than those for which it has been called to convene.
Article 76 [Closing of Sessions]
The King shall declare ordinary and extraordinary convening periods
closed by Royal Order.
Article 77 [Place and Time]
Any meeting of the Consultative Council or the Chamber of Deputies
which is not held at the prescribed time and place shall be null and
void and decisions taken thereat shall be invalid.
Article 78 [Oath of Office]
Every member of the Consultative Council or the Chamber of Deputies
shall take the following oath in public session, prior to pursuing
their work in the Chamber or its committees:
"I swear by Almighty God that I shall be loyal to the country and
the King, shall respect the Constitution and the laws of the State,
shall defend the freedoms, interests and assets of the people, and
shall perform my work honestly and sincerely."
Article 79 [Publicity]
Sessions of the Consultative Council and the Chamber of Deputies
shall be open to the public. They may be held in secret at the
request of the Government, the President of the Chamber, or ten
members, and the request shall be debated in secret session.
Article 80 [Quorum]
(1) For a meeting of both the Consultative Council or the Chamber of
Deputies to be valid, a quorum of more than half the members of each
chamber must be present. Decisions shall be taken on an absolute
majority of members present, except in cases where a special
majority is stipulated. In the event of a tied vote, the matter
shall be decided in favour of the side that includes the President
of the chamber. If the voting relates to the Constitution, voting
shall be conducted by calling upon members by name.
(2) If there is a lack of quorum for either chamber to convene on
two successive occasions, the meeting of the chamber shall be deemed
valid provided that the number of members attending is not less than
one quarter of the chamber's members.
Article 81 [Initiative]
The Prime Minister shall present bills to the Chamber of Deputies,
which is entitled to pass, amend or reject the bill. In all cases
the bill shall be referred to the Consultative Council, which is
entitled to pass, amend or reject the bill or to accept any
amendments which the Chamber of Deputies had introduced to the bill,
or had rejected or amended them. However, priority of debate shall
always be given to bills and proposals put forward by the
Government.
Article 82 [Reconsideration]
If the Consultative Council does not approve a bill passed by the
Chamber of Deputies, whether the Consultative Council's decision
involves rejection, amendment, deletion or addition, the President
of the Council shall return it to the Chamber of Deputies for
reconsideration.
Article 83 [Submission]
If the Chamber of Deputies accepts the bill as it receives it from
the Consultative Council, the President of the Consultative Council
shall refer it to the Prime Minister who will submit it to the King.
Article 84 [Amendments]
The Chamber of Deputies may reject any amendment made to a bill by
the Consultative Council, and may insist on its previous decision
without introducing any new amendments to the bill. In such a case
the bill shall be returned to the Consultative Council for
reconsideration. The Consultative Council may accept the decision of
the Chamber of Deputies or insist on its previous decision.
Article 85 [Disputes, Joint Session]
If the two Chambers differ twice over any bill, the National
Assembly shall convene in joint session under the chairmanship of
the President of the Consultative Council to discuss those clauses
in dispute. For the bill to be accepted, the decision of the
National Assembly must be taken on a majority of members present,
and when the bill is rejected in this manner it shall not be
presented to the National Assembly again in the same convening
period.
Article 86 [Approved Bill]
In all cases in which a bill is approved, the President of the
Consultative Council shall refer the approved bill to the Prime
Minister so that he submits it to the King.
Article 87 [Budget]
Every bill that regulates economic or financial matters, and the
Government requests its urgent consideration, shall first be
submitted to the Chamber of Deputies so that it takes a decision on
it within fifteen days. When that period elapses, the bill is
presented to the Consultative Council with the opinion of the
Chamber of Deputies if there is such an opinion, so that the
Consultative Council decides on it within a further period of
fifteen days. If the two Chambers should disagree on the bill in
question, the matter is referred to the National Assembly for a vote
on it within fifteen days. If the National Assembly does not reach a
decision on it within that period, the King may issue the bill as a
Decree that has the force of a law.
Article 88 [Governmental Program]
As soon as it is formed, each Government shall submit its program to
the National Assembly which may put forward any observations it
deems appropriate regarding the program.
Article 89 [Representation, Immunity]
(1) a. A member of either the Consultative Council or the Chamber of
Deputies represents the people and cares for public interest. He
shall not come under the sway of any authority in his work in the
either chamber or its committees.
b. No member of the Consultative Council or the Chamber of Deputies
shall be called to account for expressing his opinions or ideas in
the Council or its committees unless the opinion expressed is
prejudicial to the fundamentals of the religion or the unity of the
nation, or the mandatory respect for the King, or is defamatory of
the personal life of any person.
c. Other than in a case of flagrante delicto, it shall be
impermissible during the convening period for any detention,
investigation, search, arrest or custodial procedures or any other
penal action to be taken against a member except with the permission
of the chamber of which he is a member. Outside the convening
period, permission must be sought from the President of the relevant
chamber.
(2) The non-issue of a decision by the chamber or its President on
the permission which is being sought within one month from the date
of receipt of the request shall be regarded as permission.
(3) The chamber must be informed of any measures which may be taken
under the preceding paragraph while it is convened, and it must
invariably be informed at its first session of any action taken
against a member during the chamber's annual recess.
Article 90 [Postponement]
The King may by Royal Order postpone the convening of the National
Assembly for not more than two months, and such postponement shall
not be repeated more than once in any one convening period. The
period of postponement shall not be counted within the convening
period provided by Article 72 of this Constitution.
Article 91 [Questions]
(1) Any member of the Consultative Council or the Chamber of
Deputies may direct written questions at Ministers to clarify
matters coming within their sphere of competence, and only the
questioner may comment once on the reply. If the Minister adds
anything new, the member shall be further entitled to comment.
(2) The question may not relate to an interest of the questioner or
his relatives to the fourth degree, or be made by proxy.
Article 92 [Initiatives]
a. Fifteen members of the Consultative Council or the Chamber of
Deputies are entitled to request proposing an amendment to the
Constitution. Any member of the two chambers is entitled to propose
laws. Each proposal shall be referred to the relevant committee in
the chamber in which the proposal was made for an opinion. If the
chamber sees fit to accept the proposal, it shall refer it to the
Government to formulate it as a draft amendment of the Constitution
or as a draft law and present it to the Chamber of Deputies during
the same or succeeding period.
b. Any proposal for a law which has been presented in accordance
with the preceding paragraph and rejected by the chamber to which it
was presented may not be re-represented during the same convening
period.
Article 93 [Ministerial Right to Speak, Duty to Attend]
(1) The Prime Minister and Ministers may attend sessions of the
Consultative Council and Chamber of Deputies, and both chambers
shall listen to the Prime Minister and Ministers whenever they ask
to speak. They may co-opt such senior officials or their deputies as
they may wish.
(2) A chamber may require the competent Minister to attend when a
matter relating to his Ministry is being debated.
Article 94 [Regulations]
a. The regulations for the course of business in both the
Consultative Council and the Chamber of Deputies and their
committees, and the principles governing debate, voting,
questioning, cross-examination and all the powers prescribed in the
Constitution shall be prescribed by law, and similarly the penalties
for a member being in breach of the regulations or failing to attend
chamber or committee sessions without acceptable excuse.
b. Each chamber may add to the law that regulates it such
supplementary provisions as it sees fit.
Article 95 [Order]
(1) Maintenance of order within the Consultative Council and Chamber
of Deputies is a matter for its President. Guards shall be allocated
to each chamber and they will receive their orders from the
chamber's President.
(2) No armed force may enter either chamber of the National Assembly
or remain in the vicinity of its doors unless so requested by its
President.
Article 96 [Remuneration]
The remuneration of members of the Consultative Council and Chamber
of Deputies shall be laid down by law. If this remuneration is
amended, such amendment shall not take effect until the start of the
next legislative season.
Article 97 [Incompatibilities]
Membership of the Consultative Council and Chamber of Deputies may
not be combined, nor may membership of either chamber be combined
with the assumption of public office.
Other cases of non-combination shall be prescribed by law.
Article 98 [Economic Incompatibilities]
(1) During his period of membership a member of the Consultative
Council or the Chamber of Deputies may not be appointed to the board
of directors of a company or participate in contracts concluded by
the Government or public institutions except in those cases
prescribed by law.
(2) Nor during that period may he purchase or rent a State asset, or
lease, sell or barter any of his assets to the State, unless by way
of public auction or invitation to tender or application of the
regulations governing expropriation in the public interest.
Article 99 [Incompetence]
If a state of incompetence arises with respect to a member of
Consultative Council and Chamber of Deputies during his membership,
his membership shall be abrogated, and his place become vacant on a
decision taken by two-thirds of the members of the chamber of which
he is a member. The membership of a member of the Consultative
Council or Chamber of Deputies may also be abrogated for loss of
confidence or esteem or for being in breach of the duties of
membership. A decision to abrogate membership must secure a
two-thirds majority of the members of the chamber of which he is a
member. If taken by the Consultative Council, the decision shall be
submitted to the King for approval.
Article 100 [Decorations]
Members of the Consultative Council and Chamber of Deputies shall
not be awarded medals or decorations during their term of
membership.
Part 4 Provisions on the Convening of the National Assembly
Article 101 [Sessions]
In addition to the occasions when both chambers of Consultative
Council and Chamber of Deputies, that is the National Assembly,
convene as a congress under the Constitution, the King may call such
a meeting of his own initiative or at the request of the Prime
Minister.
Article 102 [Chairmanship]
The joint National Assembly meeting shall be chaired respectively by
the President of the Consultative Council, or in his absence by the
President of the Chamber of Deputies, followed by the First
Vice-President of the Consultative Council, followed by the First
Vice-President of the Chamber of Deputies.
Article 103 [Quorum]
In the cases other than those in which the Constitution requires a
special majority, joint sessions of the two chambers of the National
Assembly shall not be deemed legally valid unless they are attended
by the majority of the members of each individual chamber. Decisions
shall be taken by a majority of the votes of members present with
the exception of the President, who is to cast the decisive vote in
the event of a tie.
Section 4 The Judicial Authority
Article 104 [Independence, Public Prosecutor]
a. The honour of the judiciary, and the probity and impartiality of
judges, is the basis of government and the guarantee of rights and
freedoms.
b. No authority shall prevail over the judgment of a judge, and
under no circumstances may the course of justice be interfered with.
The law guarantees the independence of the judiciary, and the law
shall lay down the guarantees of judges and the provisions
pertaining to them.
c. The law shall lay down the provisions pertaining to the Public
Prosecution Office, the tasks of the office for delivery of formal
legal opinions, the preparation of legislation, State representation
before the law, and personnel employed on such matters.
d. The provisions governing advocacy shall be regulated by law.
Article 105 [Courts]
a. The various types and degrees of the courts shall be regulated by
law, and the law shall state their functions and jurisdiction.
b. The jurisdiction of military courts shall be confined to military
offences committed by members of the Defence Force, the National
Guard, and the Security Forces. It does not extend to other persons
except when martial law is declared and within the bounds prescribed
by law.
c. Court hearings shall be held in public except in exceptional
cases prescribed by law.
d. A Higher Judicial Council shall be established by law to
supervise the smooth running of work in the courts and their
supporting organs. The powers of the Higher Judicial Council in the
functional affairs of judicial personnel and the Public Prosecution
Office shall be prescribed by law.
Article 106 [Constitutional Court]
(1) A Constitutional Court shall be established, and shall comprise
a President and six members, all of whom are appointed by a Royal
Order for a period specified by the law. The court's area of
competence is to watch over the constitutionality of laws and
statutes.
(2) The law shall state the regulations that ensure that the members
of the Court are not liable to dismissal, and specifies the
procedures that are followed before the Court. The law shall
guarantee the right of the Government, Consultative Council, the
Chamber of Deputies and notable individuals and others to challenge
before the Court the constitutionality of laws and statutes. A
ruling by the Court that a text in a law or a statute is
unconstitutional shall have a direct effect, unless the Court
specifies a subsequent date for the purpose. Thus if the Court's
rule on unconstitutionality is related to a text in the penal code
then the convictions made on the basis of such a text are deemed
null and void.
(3) The King may refer to the Court any draft laws before they are
adopted to determine the extent of their agreement with the
Constitution. The Court's determination is binding on all State
authorities and on everyone.
Chapter V Financial Affairs
Article 107 [Taxes]
a. Public taxes shall only be established, amended and abolished by
law, and persons shall only be exempted from paying them wholly or
in part in those cases prescribed by law. A person may only be
instructed to pay other taxes, duties and costs within the bounds of
the law.
b. The provisions governing the collection of taxes, duties and
other public monies, and the procedures for their disbursement,
shall be prescribed by law.
c. The provisions governing the maintenance and management and the
terms for the disposition of State property, and the limits within
which any part of such property may be assigned, shall be prescribed
by law.
Article 108 [Public Loans]
a. Public loans shall be contracted by law. The State may lend or
guarantee a loan by law within the credit limits prescribed for the
purpose in the Budget Law.
b. Local bodies such as municipalities or public institutions may
lend, borrow or guarantee a loan in accordance with the laws
relevant to them.
Article 109 [Budget]
a. The financial year shall be prescribed by law.
b. The Government shall prepare the draft overall annual budget of
State revenue and expenditure and present it to the Chamber of
Deputies at least two months before the end of the financial year,
for debate and referral to the Consultative Council to consider it
in accordance with the provisions of the Constitution. Any amendment
can be introduced into the budget with the agreement of the
Government.
c. The budget shall be debated on the basis of the classification of
its contents. The budget may be prepared for more than one financial
year. No public revenue may be allocated for a particular
expenditure except by law.
d. The State general budget shall be promulgated by law.
e. If the Budget Law is not promulgated before the beginning of the
financial year, the previous budget shall be adhered to until the
law's promulgation, and revenue shall be collected and expenditure
disbursed in accordance with the laws in force at the end ofthat
year.
f. Under no circumstances may the maximum estimates of expenditure
stated in the Budget Law and laws in amendment thereof be exceeded.
Article 110 [Ex-Budgetary Disbursement]
Any disbursement which is ex-budget or in excess of the budget
estimates must be made by operation of law.
Article 111 [Funds]
a. Particular sums of money may be allocated to more than one
financial year by law if the nature of the disbursement so requires.
The approbations for each, as decided by the aforesaid law, shall be
tabled in the successive annual budgets of the State.
b. An exceptional budget running for more than one financial year
may also be allocated for the disbursement referred to in the
preceding clause.
Article 112 [Budget Law]
The Budget Law may not contain any wording establishing a new tax,
increasing an existing tax, or amending an existing law, or avoiding
the promulgation of a law on a matter for which the Constitution
provides that it shall be regulated by law.
Article 113 [Final Account]
The final account of the financial affairs of the State for the year
elapsed shall be submitted firstly to the Chamber of Deputies during
the five months following the end of the financial year. It shall be
approved by a decision rendered by both the Consultative Council and
Chamber of Deputies, accompanied by their observations, and shall be
published in the Official Gazette.
Article 114 [Accounting Procedures]
The provisions pertaining to independent public budgets, their
appendices, and their final accounts, shall be laid down by law, and
they shall be subject to the provisions governing the State budget
and its final account. The provisions governing the budgets and
final accounts of municipalities and local public institutions shall
also be laid down by law.
Article 115 [Budget Bill]
Together with the draft annual budget the Government shall present
the Chamber of Deputies with a statement on the financial and
economic condition of the State, the measures taken to implement the
budget approbations in force, and the effect of the whole thereof on
the new draft budget.
Article 116 [Financial Control Office]
A Financial Control Office shall be established by law, and the law
shall guarantee its independence. It shall assist the Government and
the Chamber of Deputies in controlling the collection of State
revenues and the disbursement of its expenditure within the budget
limits. The Office shall submit an annual report on its business,
with its observations, to both the Government and the Chamber of
Deputies.
Article 117 [Concessions, Monopolies]
a. Any commitment to exploit a natural resource or a public utility
shall be only by operation of law and for a limited time. The
preliminary procedures shall ensure that the search and exploration
work are facilitated and that openness and competition are realized.
b. Any monopoly shall only be awarded by law and for a limited time.
Article 118 [Currency, Banking, Standards]
The law shall regulate cash and the banks, and shall regulate
weight, measures and standards.
Article 119 [Public Salaries]
The law shall regulate emoluments, pensions, compensation, relief
and remuneration being a charge on the State Treasury.
Chapter VI General and Final Provisions
Article 120 [Constitutional Amendments]
a. Exceptionally to clauses b, c and d of Article 35 of this
Constitution, for any provision of this Constitution to be amended
the amendment must be approved by a two-thirds majority of the
members of whom both the Consultative Council and Chamber of
Deputies are composed, and the amendment must be approved by the
King.
b. If an amendment to the Constitution is refused, it may not be
re-submitted earlier than one year from that refusal.
c. It is not permissible to propose an amendment to Article 2 of
this Constitution, and it is not permissible under any circumstances
to propose the amendment of the constitutional monarchy and the
principle of inherited rule in Bahrain, as well as the bi-cameral
system and the principles of freedom and equality established in
this Constitution.
d. The powers of the King stated in this Constitution may not be
proposed for amendment in an interval during which another person is
acting for him.
Article 121 [Former Treaties and Laws]
a. The application of this Constitution does not breach the treaties
and agreements which Bahrain has concluded with states and
international organisations.
b. Exceptionally to the provision of the second clause of Article 38
of this Constitution, all laws, laws by Decree, Decrees, statutes,
orders, edicts and circulars that have been issued and are in force
prior to the first meeting convened by the National Assembly remain
proper and valid, unless amended or rescinded in accordance with the
regulations prescribed in this Constitution.
Article 122 [Promulgation of Laws]
Laws are published in the Official Gazette within two weeks of their
issue, and are enforced one month after the date of their
publication, and this period may be shortened or prolonged if the
law specifically prescribed it.
Article 123 [Martial Law]
It is impermissible to suspend any provision of this Constitution
except during the proclamation of martial law, and within the limits
prescribed by the law. It is not permissible under any circumstances
to suspend the convening of the Consultative Council or the Chamber
of Deputies during that period or to infringe upon the immunity of
their members, or during the proclamation of a state of national
safety.
Article 124 [Coming Into Force]
The provisions of the laws apply only to what occurs from the date
the laws came into force, and have no retroactive effect. The law
may state, in articles other than those pertaining to the penal
code, that its provisions have a retroactive effect, with the
agreement of the majority of the members of both the Consultative
Council and the Chamber of Deputies, or if circumstances require it,
the National Assembly.
Article 125 [Promulgation of this Constitution]
This amended Constitution shall be published in the Official
Gazette, and shall be effective from the date of its publication.
{ Signed by: Hamad bin Isa Al Khalifa } |
