Chapter II - The Head of State Article 54 The Amir is the Head of the State. His person shall be immune and inviolable. Article 55 The Amir shall exercises his powers through his Ministers. Article 56 The Amir shall, after the traditional consultations, appoint the Prime Minister and relieve him of office. The Amir shall also appoint Ministers and relieve them of office upon the recommendation of the Prime Minister. Ministers shall be appointed from amongst the members of the National Assembly and from others. The number of Ministers in all shall not exceed one-third of the number of the members of the National Assembly. Article 57 The Cabinet shall be re-constituted in the manner specified in the preceding Article at the beginning of every legislative term of the National Assembly. Article 58 The Prime Minister and the Ministers shall be collectively responsible to the Amir for the general policy of the State. Every Minister shall also be individually responsible to the Amir for the affairs of his ministry. Article 59 The Law referred to in Article 4 of this Constitution shall specify the conditions under which the Amir shall exercise his constitutional powers. Article 60 Before assuming his powers, the Amir 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." Article 61 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 the said powers on behalf of the Amir, or a limitation of their scope. Article 62 The Amir's Deputy shall satisfy the qualifications laid down in Article 82 of this Constitution. If he is a Minister or a member of the National Assembly, he shall not take part in the ministerial functions or in the work of the Assembly during the period he is acting as Deputy for the Amir. Article 63 Before assuming his powers the Amir's Deputy shall, at a special sitting of the National Assembly, take the oath mentioned in Article 60 of this constitution with the following phrase added thereto: " and be loyal to the Amir." In case the National Assembly is not in session, the Oath shall be taken before the Amir. Article 64 The provisions of Article 131 of this Constitution shall apply to the Amir's Deputy. Article 65 The Amir shall have the right to initiate, sanction, and promulgate laws. Promulgation of laws shall take place within thirty days from the date of their submission by the National Assembly to the Amir. This period shall be reduced to seven days in case of urgency. Such urgency shall be decided upon by a majority vote of the members constituting the National Assembly. Official holidays shall not be counted in computing the promulgation period. If the period of promulgation expires without the Head of State demanding reconsideration, the bill shall be considered as having been sanctioned and shall be promulgated. Article 66 Reference of a bill for reconsideration shall be by a decree stating the grounds therefore. If the National Assembly confirms the bill by a two-thirds majority vote of its members, the Amir shall sanction and promulgates the bill within thirty days from its submission to him. If the bill does not receive the said majority, it shall not be reconsidered during the same session. If the National Assembly, in another session, confirms the same bill by a majority vote of its members, the Amir shall sanction and promulgate the bill as law within thirty days from its submission to him. Article 67 The Amir is the Supreme Commander of the Armed Forces. He appoints and dismisses officers in accordance with law. Article 68 The Amir shall declare defensive war by decree. Offensive war is prohibited. Article 69 The Amir shall proclaim Martial Law in the cases of necessity determined by law and in accordance with the procedure specified therein. The proclamation of Martial Law shall be by decree. Such decree shall be referred to the National Assembly within the fifteen days following its issue, for a decision on the future of Martial Law. If the proclamation takes place during the period the National Assembly is dissolved, it shall be referred to the new Assembly at its first sitting. Martial Law may not continue unless a decision to that effect is made by a majority vote of the members constituting the Assembly. In all cases, the matter shall be referred to the National Assembly in accordance with the foregoing procedure, every three months. Article 70 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 is 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, or which involve amendment of the laws of Kuwait; shall come into force only when made by a law. In no case may treaties include secret provisions contradicting those declared. Article 71 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 to the appropriations included in the budget law. Such decrees shall be referred to the National Assembly within the fifteen days following their issue if the Assembly is in being. If it is dissolved or its legislative term has expired, such decrees shall be referred to the next Assembly at its first sitting. If they are not thus referred, they retrospectively cease to have the force of law, without the necessity of any decision to that effect. If they are referred and the Assembly does not confirm them, they shall retrospectively 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 there from. Article 72 The Amir shall , by decree, 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 prescribe a less formal instrument than a decree for the issue of the regulations necessary for its execution. Article 73 The Amir shall, by decree, issue regulations for public order and health, and regulations necessary for the organization of public services and administration, not conflicting with any law. Article 74 The Amir shall appoint and dismiss civil and military officials and diplomatic representatives to foreign countries in accordance with the law. He shall also accept credentials of the representatives of foreign countries. Article 75 The Amir may, by decree, grant a pardon or commute a sentence. However, general amnesty shall not be granted except by a law and then only in respect of offences committed prior to the proposal of the amnesty. Article 76 The Amir shall confer Orders of Honor in accordance with law. Article 77 Coins shall be minted in the name of the Amir in accordance with law. Article 78 Upon the accession of the Head of State, his annual emoluments shall be fixed by a law for the duration of his reign. Back to Main