Part One The State
Article 1
(a) Bahrain is an Arab Islamic State, independent and fully sovereign, and
its people are part of the Arab nation. Neither its sovereignty nor any part of
its territory shall be relinquished.
(b) The rule of Bahrain shall be hereditary, the succession to which shall be
transmitted from His Highness Shaikh Isa bin Salman Al Khalifa to his eldest son
and then to the eldest son of this eldest son and so forth, generation after
generation, unless during his lifetime, the Amir appoints one of his sons other
than the eldest as his successor, in accordance with the provisions of the
Decree of Succession provided for in the next clause.
(c) All rules of succession shall be regulated by a special Amiri decree which
shall be of a constitutional nature and thus shall not be amended except in
accordance with Article (104) of this Constitution.
(d) The system of government in Bahrain is democratic, under which sovereignty
lies with the people, the source of all powers. Sovereignty shall be exercised
in the manner specified in this Constitution.
(e) The citizens shall have the right to participate in the public affairs of
the State and enjoy political rights, beginning with the right to vote, in
accordance with this Constitution and the conditions and procedures set forth in
the law.
(f) This Constitution shall not be amended except in part and in the manner
provided for therein, and no amendment thereto shall be proposed before the
expiry of five years from the effective date of its commencement.
Article 2
Islam shall be the religion of the State; Islamic Sharia (Islamic Law) a main
source of legislation; and Arabic the official language.
Article 3
The law shall specify the State's flag, emblem, insignia, medals, orders and
national anthem.
Part Two Fundamental Constituents of Society
Article 4
Justice underlies the system of government. Co-operation and mutual
understanding are firm bonds among citizens. liberty, equality, security,
tranquillity, education, social solidarity and equal opportunities for citizens
are the pillars of society guaranteed by the State.
Article 5
(a) The family is the corner-stone of society and its strength lies in religion,
morality and patriotism. The law shall preserve its legal integrity and
strengthen its bonds and values, and shall protect motherhood and childhood
within the family. The law shall also protect the young and defend them against
exploitation and moral, physical and spiritual neglect. The State shall take
particular care of the physical, mental and moral growth of youth.
(b) The State shall ensure the accomplishment of necessary social security for
citizens in old age, sickness, inability to work, orphanhood, widowhood or
unemployment. The State shall also provide them with services of social
insurance and medical care, and strive to protect them from ignorance, fear and
poverty.
Article 6
The State shall preserve the Arab and Islamic heritage, it shall participate in
the furtherance of human civilisation, and it shall strive to strengthen ties
with the Muslim countries and to bring to fruition the aspirations of the Arab
Nation for unity and advancement.
Article 7
(a) The State shall patronise the sciences, literature and the arts, and shall
encourage research. It shall ensure educational and cultural services of
citizens. Primary education shall be compulsory and free in accordance with the
law. The law shall lay down the necessary plan to eliminate illiteracy.
(b) The law shall regulate the various aspects of religious education and
attention also be given to the strengthening of the citizen's personality and
pride in his Arab Nationalism.
(c) Individuals and bodies may establish private schools under the supervision
of the State and in accordance with the law.
(d) Inviolability of the educational institutions shall be guaranteed by the
State.
Article 8
(a) Every citizen shall have the right to health welfare. The State shall care
for public health and ensure means of prevention and treatment by establishing
various kinds of hospitals and provide medical facilities.
(b) Individuals and bodies may establish hospitals, clinics or infirmaries under
the supervision of the State and in accordance with the law.
Article 9
(a) Property, capital and work, in accordance with the principles of Islamic
justice, shall be fundamental constituents of the social structure of the State
and the national wealth. They are all individual rights with a social function
regulated by the law.
(b) Public property shall be inviolable and its protection shall be the duty of
every citizen.
(c) Private property shall be well protected. No one shall be prevented from
disposing of his property except within the limits of the law. No property shall
be expropriated except in the public interest, in accordance with the law and
provided that just compensation is paid.
(d) General confiscation of property shall be prohibited. Confiscation of
private property as a penalty may not be inflicted except by a court judgement
and in the circumstances specified by the law.
(e) The law shall regulate, on an economic basis with due regard being given to
social justice, the relationship between landlords and tenants.
(f) The State shall strive to provide housing for citizens with limited income.
(g) The State shall make the necessary arrangements to ensure the utilisation of
arable land in a productive manner, and shall endeavour to raise the standard of
farmers. The law shall specify the means whereby assistance and ownership of
land are granted to small farmers.
Article 10
(a) The national economy shall be based on social justice. It shall be founded
on fair co-operation between public and private sectors. Its aim shall be
economic development within a well conceived plan and achievement of prosperity
for citizens, all within the limits of law.
(b) The State shall strive for the attainment of Arab economic unity.
Article 11
All natural resources shall be the property of the state. It shall ensure their
preservation and proper utilisation, due regard being given to the requirements
of the State's security and national economy.
Article 12
The State shall ensure the solidarity of society in shouldering burdens
resulting from disasters and natural calamities, and shall provide compensation
for damages or injuries suffered by people as a result of a war or as a result
of performing their military duties.
Article 13
(a) Work shall be the duty of every citizen necessitated by personal dignity and
public good. Every citizen shall have the right to work and to choose his type
of work in accordance with public order and moral standards.
(b) The State shall ensure that work is made available to the citizens and that
its terms are equitable.
(c) No forced labour shall be imposed on anyone except in circumstances
specified by the law for national emergency and with just remuneration, or as an
implementation of a judicial decision.
(d) Relations between employers and employees shall be regulated by the law on
an economic basis, due regard being given to the principles of social justice.
Article 14
The State shall encourage co-operation and saving, and supervise the regulation
of credit.
Article 15
(a) Taxes and public imports shall be based on the principles of social justice,
and the payment thereof shall be duty in accordance with the law.
(b) Citizens shall have equal opportunities to hold public offices in accordance
with the conditions specified by the law.
Part Three Public Rights and Duties
Article 17
(a) Citizenship shall be defined by the law, and no person enjoying citizenship
by origin may be deprived of it except in cases of high treason and dual
nationality and in accordance with the conditions specified by the law.
(b) Citizenship may not be withdrawn from a naturalised citizen except within
the limits of the law.
(c) No citizen shall be deported from Bahrain, nor shall he be denied re-entry.
Article 18
People are equal in human dignity, and citizens shall be equal in public rights
and duties before the law, without discrimination as to race, origin, language,
religion or belief.
Article 19
(a) Personal liberty is guaranteed in accordance with the law.
(b) No person shall be arrested, detained, imprisoned, searched or compelled to
reside in a specified place, nor shall the residence of any person or his
liberty to choose his place of residence or his liberty of movement be
restricted, except in accordance with the law and under the supervision of the
judicial authorities.
(c) No detention or imprisonment shall be imposed in places other than those
specified in prison laws. In these places health and social welfare shall be
observed, and they shall be subject to the supervision of the judicial
authorities.
(d) No person shall be subjected to physical or mental torture, enticement or
degrading treatment, and the law shall provide the penalty for these acts.
Any statement or confession shall be null and void if it is proved to have been
made under duress or enticement or degrading treatment of threat thereof.
Article 20
(a) No crime or penalty may be established except by virtue of law, and no
penalty may be imposed except for offences committed after the relevant law has
come (b) Penalty is personal.
(c) An accused person shall be presumed innocent until proved guilty in a legal
trial in which the necessary guarantees for the exercise of his right of defence
in all the stages of investigation and trial are ensured in accordance with the
law.
(d) No physical or moral injury shall be inflicted on an accused person.
(e) A council for the defence of any person accused of a felony shall be
appointed with the approval of the accused.
(f) The right to trial shall be guaranteed in accordance with the law.
Article 21
Extradition or political refugees is prohibited.
Article 22
Freedom of conscience is absolute. The State shall guarantee the inviolability
of places of worship and the freedom to perform religious rites and to hold
religious processions and meetings in accordance with the customs observed in
the country.
Article 23
Freedom of speech and freedom to carry out scientific research shall be
guaranteed. Every person shall have the right to express and propagate his
opinion in words or in writing or by any other means, in accordance with the
conditions and procedures specified by the law.
Article 24
Freedom of the press, printing and publication shall be guaranteed in accordance
with the conditions and procedure specified by the law.
Article 25
Places of residence shall be inviolable. They may not be entered or searched
without the permission of their occupants except in the circumstances and manner
specified by the law.
Article 26
Freedom of postal, telegraphic and telephonic communications and the secrecy
thereof shall be guaranteed. No communications shall be censored nor the
contents thereof revealed except in cases of necessity prescribed by the law and
in accordance with the procedures and guarantees stated therein.
Article 27
Freedom to form associations and trade unions on a national basis and for lawful
objectives and by peaceful means shall be guaranteed in accordance with the
conditions and procedures prescribed by the law. No one shall be compelled to
join or remain in any association or union.
Article 28
(a) Individuals shall have the right of private assembly without permission or
prior notification, and no member of the security forces may attend such private
meetings.
(b) Public meetings, processions and gatherings shall be permitted in accordance
with the conditions and procedures prescribed by the law, provided that their
purpose and means are peaceful and not contrary to morale.
Article 29
Any individual can address the public authorities in writing and with his
signature. Only duly constituted organisations and corporate bodies shall have
the right to address the public authorities collectively.
Article 30
(a) Peace shall be the objective of the State, and the safety of the country
shall be part of the safety of the Great Arab Homeland, and defending it shall
be the duty of every citizen. Military service is an honour for the citizens and
regulated by law.
(b) The State alone shall establish armed forces and public security bodies.
Duties of this kind shall be entrusted only to citizens except in cases of dire
necessity and in the manner regulated by the law.
(c) Full or partial mobilisation of forces shall be regulated by the law.
Article 31
Public rights and liberties laid down in this Constitution shall neither be
regulated nor defined except by a law, or in accordance therewith. Such
regulation or definition shall not affect the essence of the right or liberty.
Part Four Powers
[Chapter 0 General Provision]
Article 32 [System of Government]
(a) The system of government shall be based on the principle of separation of
the legislative, executive and judicial powers, functioning in co-operation with
each other in accordance with the provisions of this Constitution. None of the
three powers may relinquish all or part of its competence prescribed in this
Constitution. However, legislative authorisation, limited for a certain period
and in respect of a specified matter or matters, may be made, and shall be
practised in accordance with the law of authorisation and the condition thereof.
(b) Legislative power shall be vested in the Amir and the National Assembly in
accordance with the Constitution; and the Executive power shall be vested in the
Amir, the Cabinet and the Ministers. Judicial decrees shall be passed in the
name of the Amir, all in accordance with the provisions of the Constitution.
Chapter I The Amir
Article 33
(a) The Amir is the Head of the State, his person shall be immune and
inviolable, and he shall exercise his powers through his Ministers who shall
collectively report to him on the general policy of the Government, and each
Minister shall be responsible for the affairs of his Ministry.
(b) The Amir shall, after the traditional consultations, appoint the Prime
Minister or relieve him of office by an Amiri decree. The Amir shall also
appoint Ministers or relieve them of office by an Amiri decree, upon the
recommendations of the Prime Minister.
(c) Ministers shall not be appointed from amongst the members of the National
Assembly in the first legislative term, but they may be appointed from amongst
the members of the National Assembly or others with effect from the second
legislative term. Ministers appointed from amongst outsiders shall become ex
officio members of the National Assembly. The total number of ministers shall
not exceed 14.
(d) The Cabinet shall be reconstituted in the manner set out in this article at
the beginning of every legislative term of the National Assembly.
(e) The Amir shall be the Supreme Commander of the Defence Force.
(f) The Amir shall confer Orders of Honour in accordance with the law.
(g) Currency shall be minted in the name of the Amir in accordance with the law.
(h) The Amir shall protect the legality of the government and the supremacy of
law, and shall take the following oath at a special sitting of the National
Assembly: "I swear by Almighty God to respect the Constitution and the laws
of the State, to defend the liberties, interests and properties of the people,
and to safeguard the independence and territorial integrity of the
country".
(i) The Amir shall have an annual privy purse to be determined by a special
Amiri decree. The privy purse may not be revised throughout the reign of the
Amir, and shall thereafter be fixed by the law.
Article 34
(a) In the event of his absence outside the country and the inability of the
Heir Apparent to act as deputy for him, the Amir shall appoint by an Amiri Order
a deputy who shall exercise his powers during his absence. The said Amiri Order
may include a specified arrangement for the exercise of powers on behalf of the
Amir, or a limitation on their scope.
(b) The provisions of item (b) of Article (86) of this
Constitution shall apply to the Amir's deputy. If the Amir's deputy is a
Minister or a member of the National Assembly he shall not take part in the
functions of his Ministry or the National Assembly during the period he is
acting as deputy for the Amir.
(c) Before assuming his powers, the Amir's deputy shall take the oath set forth
in the previous article, with the following phrase added thereto: "and be
loyal to the Amir". The oath shall be taken in the National Assembly if it
is in session, otherwise it shall be taken before the Amir. The oath by the Heir
Apparent shall be taken only once even if he acts as a deputy for the Amir more
than once.
Article 35
(a) The Amir shall have the right to initiate laws, and he alone shall ratify
and promulgate the laws.
(b) A bill shall be considered to have been ratified and shall be promulgated by
the Amir if a period of thirty days from the date of its submission by the
National Assembly to the Amir has expired without the Amir returning it to the
National Assembly for re-consideration.
(c) If, within the period prescribed in the preceding clause the Amir returns
the bill, by a decree stating the grounds therefor, to the National Assembly for
re- consideration, then it shall be decided whether such re-consideration should
take place during the same or the next session.
(d) If the Assembly re-confirms the bill by a majority vote of its members, the
Amir shall ratify and promulgate the bill within one month from the date of the
re- confirmation.
Article 36
(a) Offensive war is unlawful. The declaration of defensive war shall be made by
an Amiri decree which shall be referred to the National Assembly immediately
after the declaration has been made, for decision.
(b) Martial law shall be proclaimed only by law, unless otherwise dictated by
urgent necessity to be by a decree giving the justification therefor, provided
that the matter shall be referred to the National Assembly within two weeks for
decision. In all cases the period of martial law shall not exceed three months,
but this period may be renewed in whole or in part once or more, provided that
approval by a majority vote of the members constituting the National Assembly
has been obtained. If the proclamation or renewal of martial law takes place
during the period in which the National Assembly is dissolved, the matter shall
be referred to the new Assembly at its first meeting.
Article 37
The Amir shall conclude treaties by decree and shall transmit them immediately
to the National Assembly with the appropriate statement. A treaty shall have the
force of law after it has been signed, ratified and published in the Official
Gazette.
However, treaties of peace and alliance; treaties concerning the territory of
the State, its natural resources or sovereign rights or public or private rights
of citizens; treaties of commerce, navigation and residence; and treaties which
entail additional expenditure not provided for in the budget of the State, or
which involve amendment to the laws of Bahrain, shall come into effect only when
made by a law.
In no case may treaties include secret provisions contradicting those declared.
Article 38
Should necessity arise for urgent measures to be taken while the National
Assembly is not in session or is dissolved, the Amir may issue decrees in
respect thereof which shall have the force of law, provided that they shall not
be contrary to the Constitution or the appropriations included in the budget
law.
Such decrees shall be referred to the National Assembly within fifteen days
following their issue if the Assembly is in session. If it is dissolved or its
legislative term has expired such decrees shall be referred to the next Assembly
at its first meeting. If they are not thus referred they shall retroactively
cease to have the force of a law without the necessity of any decision to that
effect. If they are referred and the Assembly does not confirm them, they shall
also retroactively cease to have the force of law, unless the Assembly approves
their validity for the preceding period or settles in some other way the effects
arising therefrom.
Article 39
(a) The Amir shall by decrees, issue the regulations necessary for the execution
of laws without amending or suspending such laws or making any exemption from
their execution. A law may describe a less formal instrument than a decree for
the issue of the regulations necessary for its execution.
(b) The Amir shall, by decrees, issue regulations for public order and health,
and regulations necessary for the organisation of public services and
administration, not conflicting with any law.
Article 40
The Amir shall appoint and remove civil and military officials and diplomatic
representatives to foreign countries and international organisations in
accordance with the law and in the manner prescribed therein. He shall also
accept credentials of the representatives of foreign countries and organisations.
Article 41
The Amir may, by decree grant a pardon or commute a sentence. However, amnesty
shall not be granted except by a law and then only in respect of offences
committed prior to the proposal of the amnesty.
Chapter II Legislative Power
Article 42
No law may be promulgated unless it has been passed by the National Assembly and
ratified by the Amir.
Article 43
The National Assembly shall be composed of:
(a) Thirty members elected directly by universal suffrage and secret ballot, in
accordance with the provisions of the electoral law. The number of these members
shall be increased to forty with effect from the elections for the second
legislative term. Electoral constituencies shall be determined by the law.
(b) The Ministers by virtue of their portfolios.
Article 44
A member of the National Assembly must:
(a) have been registered in one of the electoral rolls, not be suspended from
exercising his right to vote, and be a Bahraini citizen by origin.
(b) be not less than thirty-full calendar years of age on the day of election.
(c) be able to read and write Arabic well.
Article 45
The term of the National Assembly shall be four calendar years commencing from
the date of its first meeting. Elections for the new Assembly shall take place
within two months preceding the expiry of the said term, due regard being given
to the provisions of Article (65) of this Constitution.
Members whose term of office expires may be re-elected. The term of the National
Assembly may not be extended except for necessity in time of war and by a law
passed by two-third majority of the members constituting the Assembly.
Article 46
If, for any reason, a seat in the National Assembly becomes vacant before the
end of the term, the vacancy shall be filled by election within two months from
the date on which the Assembly declares the vacancy. The term of the new member
shall last until the end of that of his predecessor. If the vacancy occurs
within six months immediately prior to the expiry of the legislative term of the
Assembly no successor shall be elected.
Article 47
The National Assembly shall have an annual session of not less than eight
months. The said session may not be prorogued before the budget has been
approved.
Article 48
The Assembly shall start its ordinary session during the month of October of
every year upon a convocation by the Amir. If the decree of convocation is not
issued before the first of the said month, the time for the meeting shall be
deemed 9 a.m. on the third Saturday of that month. If such a day happens to be
an official holiday, the Assembly shall meet in the morning of the first day
following the holiday.
Article 49
Notwithstanding the provisions of the preceding two Articles, the Amir shall
summon the National Assembly to hold its first meeting within two weeks from the
end of the general election. If the decree of convocation is not issued within
the said period, the Assembly shall be deemed to have been convoked for the
morning of the day immediately following these two weeks, due regard being given
to the provision of the second paragraph of the preceding Article. If the date
of the meeting of the Assembly falls after the annual date mentioned in Article
(48)
of the Constitution, the duration of the session specified in Article (47)
herein shall be reduced by the difference between the said two dates.
Article 50
The National Assembly shall, by decree, be called to an extraordinary session if
the Amir deems it necessary, or upon the request of the majority of the members
of the Assembly.
In an extraordinary session, the Assembly may not consider matters other than
those for which it has been convened except with the consent of the Government.
Article 51
The Amir shall announce the prorogation or ordinary and extraordinary sessions,
by a decree.
Article 52
Every meeting held by the National Assembly at a time or place other than that
assigned for its meeting shall be invalid, and resolutions passed thereat shall
be null and void.
Article 53
Before assuming their duties in the Assembly or its committees, members of the
National Assembly, including the Ministers, shall take the following oath in a
public sitting:
"I swear by Almighty God to be faithful to the Country and to the Amir,
to respect the Constitution and the laws of the State, to defend the liberties,
interests and properties of the people and to discharge my duties honestly and
truthfully".
Article 54
The National Assembly shall elect at its first sitting and for the duration of
its term a speaker, Deputy Speaker and a Secretary from amongst its members. If
any office becomes vacant the Assembly shall elect a successor for the remainder
of its term.
In all cases election shall be by an absolute majority vote of the members
present. If this majority vote is not attained in the first ballot, another
election shall be held between the two candidates receiving the highest number
of votes. If more than one candidate receives an equal number of votes in the
second place, all such candidates shall participate in the second ballot. In
this case the candidate who receives the greatest number of votes shall be
elected. If there is a tie in this last ballot, the choice shall be by lot.
The Prime Minister shall preside over the first sitting until the Speaker has
been elected.
Article 55
The Assembly shall form, within the first week of its annual session, the
committees necessary for its functions. These committees may discharge their
duties during the recess of the Assembly with a view to submitting their
recommendations to it when it meets.
Article 56
Sittings of the National Assembly shall be public. However, they may be held in
camera upon the request of the Government, the Speaker of the Assembly or ten of
its members. The debate on such request shall be held in camera.
Article 57
The Supreme Civil Court of Appeal shall be the competent authority to deal with
election disputes of the National Assembly, but this competence may be
transferred to any higher court which may be set up by law.
Article 58
The National Assembly shall be the competent authority to accept resignation of
its members, and no resignation shall be considered final except from the time
the Assembly has decided to accept it.
Article 59
For a meeting of the National Assembly to be valid, more than half of its
members must be present. Resolutions shall be passed by an absolute majority of
the members present, except in cases where a special majority is required.
When the votes are equally divided, the motion shall be deemed rejected.
Article 60
Immediately upon its formation, every Cabinet shall present its programme to the
National Assembly, and the Assembly may make comments with regard to such a
programme.
Article 61
The Amir shall open the annual session of the National Assembly whereupon he
shall deliver an Amiri Speech reviewing the state of affairs of the country and
the most important public matters which happened during the preceding year, and
outlining the projects and reforms the Government plans to undertake during the
coming year.
The Amir may depute the Prime Minister to open the Assembly or to deliver the
Amiri Speech.
Article 62
The National Assembly shall choose, from amongst its members, a committee to
draft the reply to the Amiri Speech which will embody the comments and wishes of
the Assembly. After the reply has been approved by the Assembly, it shall be
submitted to the Amir.
Article 63
(a) A member of the National Assembly represents the entire people. He shall
safeguard the public interest and shall not be subject to any authority in the
discharge of his duties in the Assembly or in its committees.
(b) A member of the National Assembly shall be free to express any views or
opinions in the Assembly or in its committees, and under no circumstances shall
he be held liable in respect thereof.
(c) Except in cases of flagrante delicto, no measures of detention,
investigation, search, arrest, imprisonment or any other penal measure may be
taken against a member while the Assembly is in session without the
authorisation of the Assembly. If the National Assembly is not in session,
authorisation shall be obtained from the Speaker of the Assembly.
If the Assembly does not give a decision regarding a request for authorisation
within one month from the date of its receipt, permission shall be deemed to
have been granted.
The Assembly shall be notified of any measure that may be taken during its
session in accordance with the foregoing paragraph. The Assembly shall always,
at its first meeting, be notified of any measure taken against any of its
members during its annual recess.
Article 64
The Amir may, by a decree, adjourn the meeting of the National Assembly for a
period not exceeding one month. Adjournment may be repeated during the same
session with the consent of the Assembly, and then once only. The period of
adjournment shall not be counted in computing the duration of the session
provided for in Article (47) of this Constitution.
Article 65
The Amir may dissolve the National Assembly by a decree in which the reasons for
dissolution shall be indicated.
However, dissolutions of the Assembly may not be repeated for the same reason.
In the event of dissolution, elections for the new Assembly shall be held within
a period not exceeding two months from the date of dissolution.
If the elections are not held within the said period, the dissolved Assembly
shall be restored to its full constitutional authority and shall meet
immediately as if the dissolution had not taken place. The Assembly shall then
continue functioning until a new Assembly is elected.
Article 66
Every member of the National Assembly may put to the Prime Minister and to
Ministers, questions with a view to clarifying matters falling within their
competence. The questioner alone shall have the right to comment once on the
answer, and if the Minister adds something new then the right of the member
shall be renewed.
Article 67
Every member of the National Assembly may address to the Prime Minister and to
Ministers interpellations with regard to matters falling within their
competence.
The debate on such interpellations shall not take place until at least eight
days have elapsed after its presentation, unless the Minister concerned agrees
to hold the debate earlier.
An interpellation may lead to the vote of confidence being put to the Assembly
in accordance with the provisions of Articles (68) and (69) of this
Constitution.
Article 68
(a) Every Minister shall report to the National Assembly on the affairs of his
Ministry.
(b) The question of confidence in a Minister may not be raised except upon his
request or upon demand signed by ten members following a debate on an
interpellation addressed to him. The Assembly may not make its decision upon
such a request before the lapse of seven days from the presentation thereof.
(c) If the Assembly passes a vote of no confidence against a Minister he shall
be considered to have resigned his office as from the date of the vote of no
confidence and shall submit his formal resignation immediately.
Withdrawal of confidence from a Minister shall be by a majority vote of the
members constituting the National Assembly excluding Ministers.
In all cases Ministers shall not participate in the vote of confidence.
Article 69
(a) The question of confidence in the Prime Minister shall not be raised before
the National Assembly, unless out of necessity, he holds a portfolio with the
premierships, and then he may be questioned about the affairs of such portfolio
like any other minister.
(b) If two-thirds of the members of the National Assembly decide, in the manner
specified in article (68) of this Constitution, that they cannot co- operate
with the Prime Minister, the matter shall be submitted to the Amir for
settlement. The Amir may either relieve the Prime Minister of office and appoint
a new Cabinet or dissolve the National Assembly. If the Assembly is dissolved
and the office of the said Prime Minister is renewed but the new Assembly decide
by a majority vote of the members constituting the National Assembly that it
cannot co-operate with the said Prime Minister, he shall be considered to have
resigned his office as from the date of the decision of the Assembly in this
respect and a new Cabinet shall be formed.
Article 70
If, for any reason, the Prime Minister vacates his office he shall continue to
discharge the urgent business thereof until his successor is appointed.
Article 71
A member of the National Assembly shall have the right to initiate bills. A bill
initiated by a member and rejected by the Assembly may not be re-introduced
during the same session except with the approval of the Government.
Article 72
Upon a request signed by at least five members, any subject of general interest
may be put to the National Assembly for discussion with a view to securing
clarification of the Government's policy and to exchange views thereon.
All other members shall also have the right to participate in the discussion.
Article 73
The National Assembly shall express its wishes to the Government regarding
public matters. If the Government cannot comply with these wishes, it shall
state to the Assembly the reasons therefor. The Assembly may comment once on the
Government's statement.
Article 74
The National Assembly shall at all times have the right to set up committees of
enquiry or to depute one or more of its members to investigate any matter within
the assembly's competence as prescribed in the Constitution. Ministers and all
Government officials must produce testimonials, documents and statements
requested from them.
Article 75
The Assembly shall set up, among its annual standing committees, a special
committee to deal with petitions and complaints submitted to the Assembly by
citizens. The committee shall seek explanation thereon from the competent
authorities and shall inform the person concerned of the result.
A member of the National Assembly shall not interfere with the work of either
the Judicial or the Executive Power.
Article 76
The Prime Minister and Ministers shall be given the floor whenever they ask for
it. They may call for assistance upon any senior officials or depute them to
speak on their behalf. The Assembly may ask for a Minister to be present
whenever a matter relating to his Minister is under discussion. The Cabinet
shall be represented in the sittings of the Assembly by the Prime Minister and
by some Ministers.
Article 77
(a) The law shall prescribe the procedure of the National Assembly and its
committees and the rules pertaining to discussion, voting, questions,
interpellation and all other functions prescribed in the Constitution. The law
shall also prescribe the sanctions to be imposed on any member who violates
order or absents himself from the meetings of the Assembly or the committees
without good cause or legitimate reason.
(b) The National Assembly may make necessary regulations complementary to the
law referred to in the preceding clause.
Article 78
The maintenance of order in the National Assembly shall be the responsibility of
its Speaker. The Assembly shall have a special guard under the authority of the
Speaker of the Assembly. No other armed force may enter the Assembly or be
stationed close to its gate unless so required by the Speaker.
Article 79
Remuneration of the members of the National Assembly shall be fixed by a law. In
the event of a revision of the said remuneration, such revision shall not take
effect until the next legislative term.
Article 80
Membership of the National Assembly shall be incompatible with public office
except in the case of Ministers. In such cases, the right to the remuneration
for membership and the right to the salary of the portfolio shall not be
combined.
The law shall specify other cases of incompatibility.
Article 81
During his term, a member of the National Assembly shall not be appointed to the
board of directors of a company, nor shall he participate in concessions granted
by the Government for by public bodies, except in those cases prescribed by the
law.
Further, during the said term he shall not buy or rent any property of the State
nor shall he let, sell or barter any of his property to the State, except by
public auction or tender, or in compliance with the system of compulsory
acquisition.
Article 82
During their term, members of the National Assembly with the exception of
Ministers may not be awarded decorations.
Chapter III Executive Power
Section I The Cabinet
Article 83
(a) A Minister shall satisfy the qualifications laid down in Article (44)
of this Constitution. All Provisions regarding Ministers shall apply to the
Prime Minister unless otherwise stated.
(b) Remuneration of the Prime Minister and Ministers shall be determined by law.
Article 84
Before assuming office, the Prime Minister and Ministers shall take before the
Amir the oath specified in Article (53) of this Constitution.
Article 85
(a) The Cabinet shall have control over the departments of the State. It shall
formulate the general policy of the Government, pursue its execution and
supervise the functioning of the Government departments.
(b) The Amir shall preside over the meetings of the Cabinet which he attends.
(c) The Prime Minister shall supervise the functions and procedures of the
Cabinet. He shall be responsible for the implementation of the Cabinet's
decisions and the co-ordination among the various ministries, and to ensure that
their functions are integrated.
(d) The relinquishment of the position of the Prime Minister for any reason
shall involve the relinquishment of all ministerial positions by the Ministers.
(e) Deliberations of the Cabinet shall be secret. Resolutions shall be passed
only when the majority of its members are present and with the approval of the
majority of those present. In case of an equal division of votes, the side on
which the Prime Minister has voted shall prevail. Unless they resign, the
minority shall abide by the opinion of the majority. Resolutions of the Cabinet
shall be submitted to the Amir for ratification in cases where the issue of a
decree is required.
Article 86
(a) Every Minister shall supervise the affairs of his Ministry and shall execute
therein the general policy of the Government. He shall also formulate directives
for the Ministry and supervise their execution.
(b) While in office, a Minister shall not hold any other public office or
practice, even indirectly, any extragovernmental profession or undertake any
industrial, commercial or financial business. He shall not participate in any
concession granted by the Government or by public bodies or emulate the
ministerial post with membership of the board of directors of any company,
except as a representative of the Government and without remuneration. Further,
during the same period, a Minister shall not buy or take on hire any property of
the State even by public auction, nor shall he let, sell or barter any of his
property to the State.
Article 87
(a) The law shall regulate general and municipal self-
government bodies in such a way as to ensure their independence under the
direction and supervision of the State.
(b) The State shall direct bodies of public interest in such a way that they
conform to the general policy of the State and the benefit of the citizens.
Section II Financial Affairs
Article 88
(a) No general tax may be established, amended or abolished except by law.
No-one may be exempted, wholly or partially, from the payment of such taxes
except in the cases specified by the law. No-one may be required to pay any
other tax, fee or imposition except within the limits of the law.
(b) The law shall prescribe rules for the collection of taxes, fees and other
forms of public funds and the procedure for their expenditure.
(c) The law shall lay down rules for the protection of State properties, their
administration, the conditions of their disposal, and the limits within which
any of these properties may be relinquished.
Article 89
(a) Public loans shall be contracted by law. The State may grant or guarantee a
loan by a law, or within the limits of the funds appropriated for this purpose
in the budget.
(b) Local bodies such as municipalities or public bodies may grant, borrow or
guarantee loans in accordance with their own regulations.
Article 90
(a) The fiscal year shall be fixed by a law.
(b) The Government shall draw up the annual budget, comprising the revenue and
expenditure of the State, and submit it to the National Assembly for examination
and approval, at least two months before the end of each current fiscal year.
(c) The budget shall be discussed in the National Assembly part by part. None of
the public revenues may be allocated for a specific purpose except by a law.
(d) The budget shall be issued by a law.
(e) If the budget law has not been promulgated before the beginning of the
fiscal year, the preceding budget shall be applied until the new one is issued,
and revenues shall be collected and disbursements made in accordance with the
law in force at the end of the preceding year.
However, if the National Assembly has approved one or more parts of the new
budget, they shall be put into effect.
(f) In no case shall the maximum estimates of expenditure, included in the
budget law or the laws amending it, be exceeded.
Article 91
Any expenditure not included in the budget, or in excess of the budget
appropriations, as well as the transfer of any funds from one part of the budget
to another, shall be effected by a law.
Article 92
(a) Funds for more than one fiscal year may be appropriated by a law if the
nature of the expenditure so requires. In this case, each annual successive
budget shall include the funds allocated for that year in the way established by
the said law.
(b) An extraordinary budget valid for more than one fiscal year may be drawn up
separately for the expenditure referred to in the preceding item.
Article 93
The budget law may not include any provision for establishing a new tax,
increasing an existing law, or evading the issue of a law on a matter in respect
of which this Constitution provides that its regulation shall be by a law.
Article 94
The final account of the financial affairs of the State for the preceding year
shall be submitted to the National Assembly within the five months following the
end of the fiscal year. The ratification of the final account shall be by a
decision of the National Assembly, together with its comments.
Article 95
The law shall prescribe the provisions of both the independent and the
supplementary general budgets and the final accounts thereof to which the
provisions regarding the budget of the State and the final account thereof shall
be applied. The law shall also prescribe the provisions of the budget and the
final accounts thereof of the municipalities and the public bodies.
Article 96
Together with the draft annual budget, the Government shall submit to the
National Assembly a statement on the financial and economic position of the
State and arrangements made to implement the appropriation of the budget in
effect and the effect thereof on the new draft budget.
Article 97
A financial control and audit commission shall be established by a law, which
shall ensure its independence. The commission shall be attached to the National
Assembly and shall assist the Government and the National Assembly in
controlling the collection of the State revenues and the disbursement of its
expenditures within the limits of the budget. The commission shall submit to
both the Government and the National Assembly an annual report on its activities
and its observations.
Article 98
(a) No concession for exploitation of either a natural resource or a public
service may be granted except by a law and for a limited period. In this respect
the preparatory measures shall facilitate the operations of prospecting and
exploration and ensure publicity and competition.
(b) No monopoly shall be granted except by a law for a limited period.
Article 99
The law shall regulate currency and banking and determine standards, weights and
measures.
Article 100
The law shall regulate salaries, pensions, compensation, subsidies and
gratuities which are a charge on the State treasury.
Chapter IV Judicial Power
Article 101
(a) The honour of the judiciary and the integrity and impartiality of judges are
the bases of rule and a guarantee of rights and liberties.
(b) In the administration of justice judges shall not be subject to any
authority. No interference whatsoever shall be allowed in the conduct of
justice. The law shall guarantee the independence of the judiciary and shall
state the guarantees and provisions relating to the judges.
(c) The law shall specify the rules for public prosecution, rendering of legal
opinions, drafting of legislation and representation of the State before the
courts and before those who are engaged in these matters.
(d) The law shall regulate the legal profession.
Article 102
(a) The law shall regulate the various kinds and degrees of courts and specify
their functions and jurisdictions.
(b) The jurisdiction of courts martial shall be restricted to military crimes
committed by members of the armed and security forces and shall not extend to
others except during the time of martial law and within the limits determined by
law.
(c) Sittings of the courts shall be public save in exceptional cases prescribed
by the law.
(d) A Supreme Council of the judiciary shall be formed by a law which shall
supervise the functions of the Courts and the offices relating thereto.
The law shall specify the jurisdiction of the said Council over the functional
affairs of both the judiciary and the public prosecution.
Article 103
The law shall specify the judicial body competent to decide upon disputes
relating to the constitutionality of laws and regulations and shall determine
its jurisdiction and procedure.
The law shall ensure the right of both the Government and interested parties to
challenge the constitutionality of laws and regulations before the said body.
If the said body decides that a law or a regulation is unconstitutional it shall
be considered null and void.
[Part Five] General and Final Provisions
Article 104
(a) Notwithstanding the provision of Article (35) of this
Constitution, for an amendment to be made to any provision of this Constitution,
it is stipulated that it shall be passed by a majority vote of two-thirds of the
members constituting the Assembly and ratified by the Amir.
(b) If a proposed amendment to the Constitution is rejected, it shall not be put
forward again before the lapse of one year from the time of its rejection.
(c) Under no circumstances shall the principle of the hereditary rule of
Bahrain, the principle of liberty and equality set forth in this Constitution,
as well as Article (2) thereof, be proposed for amendment.
(d) The powers of the Amir, specified in this Constitution, may not be proposed
for amendment when a Deputy Amir is acting for him.
Article 105
(a) The application of this Constitution shall not affect treaties and
conventions previously concluded by Bahrain with other States and international
organisations.
(b) All provisions of laws, decrees, regulations, orders and decision in effect
upon the coming of this Constitution into force, shall continue to be applicable
unless amended or repealed in accordance with the procedure prescribed in this
Constitution, provided that they are not contrary to any of its provisions.
Article 106
Laws shall be published in the Official Gazette within two weeks of their
promulgation and shall come into effect one month after their publication. The
latter period may be extended or reduced for any law by a special provision
included in it.
Article 107
Laws shall apply to that which takes place after the date of their coming into
force, and thus shall have no effect in respect of that which has taken place
before such date. However, in other penal matters, a law may, with the approval
of a majority vote of the members constituting the National Assembly, prescribe
otherwise.
Article 108
No provision of this Constitution may be suspended except when martial law is in
force and within the limits specified by the law. Under no circumstances shall
the meetings of the National Assembly be suspended, nor shall the immunities of
its members be interfered with, during such period.
Article 109
This Constitution shall be published in the Official Gazette and shall come into
force as from the date of the meeting of the National Assembly which shall be
not later than the Sixteenth Day of December, 1973.
Signed by: Isa Bin Salman Al Khalifa, Amir of the State of Bahrain
Adopted on: 26 May 1973
Effective since: 6 Dec 1973