The State of Emergency

Chapter Nine The State of Emergency


Article 143
If due to war, threat of war, serious rebellion, natural disasters, or situations similar to these protecting the independence or nation's survival becomes impossible by following the provision of this Constitution, the President in confirmation of National Assembly shall declare a state of emergency in some or all parts of the country.
If the state of emergency continues for more than two months, the agreement of National Assembly is required for its extension.

Article 144
During the state of emergency, the President, with the consultations of heads of the National Assembly and Chief Justice can transfer some authorities of the National Assembly to the government.

Article 145
During the state of emergency, the President with the consent of the heads of the National Assembly and the Supreme Court, can suspend the validity of the following Articles or can place restrictions on them:
1. Paragraph two of Article 27
2. Article 36.
3. Paragraph two of Article 37.
4. Paragraph two of Article 38.

Article 146
During the state of emergency, the Constitution cannot be amended.

Article 147
If the Presidential term of office, and or the legislative period expire during a state of emergency, the new elections shall be postponed, and the presidency, and the legislative period shall be extended for up to four months.
If the state of emergency continues for more than four months, a Loya Jirga shall be called by the President for further decisions.
Following the termination of state of emergency, election would be held within two months

Article 148
After the end of the state of emergency, the measures adopted on the basis of Articles 144 and 145 of this Constitution shall be considered invalid immediately.