Chapter III - Legislative Power Article 79 No law may be promulgated unless it has been passed by the National Assembly and sanctioned by the Amir. Article 80 The National Assembly shall be composed of fifty members elected directly by universal suffrage and secret ballot in accordance with the provisions prescribed by the electoral law. Ministers who are not elected members of the National Assembly shall be considered ex-officio members thereof. Article 81 Electoral constituencies shall be determined by law. Article 82 A member of the National Assembly shall: be a Kuwaiti by origin in accordance with law. be qualified as an elector in accordance with the electoral law. be not less than thirty calendar years of age on the day of election. be able to read and write Arabic well. Article 83 The term of the National Assembly shall be four calendar years commencing with the day of its first sitting. Elections for the new Assembly shall take place within the sixty days preceding the expiry of the said term, due regard being given to the provision of Article 107. Members whose term of office expires may be re-elected. The term of the Assembly may not be extended except for necessity in time of war and by a law. Article 84 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 mandate of the new member shall last until the end of that of his predecessor. If the vacancy occurs within six months prior to the expiry of the legislative term of the Assembly, no successor shall be elected. Article 85 The National Assembly shall have an annual session of not less than eight months. The said session may not be prorogued before the budget is approved. Article 86 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 to be 9 a.m. on the third Saturday of that month. If such day happens to be an official holiday, the Assembly shall meet on the morning of the first day thereafter. Article 87 Notwithstanding the provisions of the preceding two Articles, the Amir shall summon the National Assembly to hold its first meeting within two weeks of 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 following these two weeks, due regard being given to the relevant provision of the preceding Article. If the date of the meeting of the Assembly falls after the annual date mentioned in Article 86 of the Constitution, the term of the session specified in Article 85 shall be reduced by the difference between the said two dates. Article 88 The National Assembly shall, by decree, be called to an extraordinary session if the Amir deems it necessary, or upon the demand 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 Cabinet. Article 89 The Amir shall announce the prorogation of ordinary and extraordinary sessions. Article 90 Every meeting held by the Assembly at a time or place other than that assigned for its meeting shall be invalid, and resolutions passed thereat shall, by virtue of law, be void. Article 91 Before assuming his duties in the Assembly or in its committees, a member of the National Assembly shall take the following oath before the Assembly 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 92 The National Assembly shall elect at its first sitting and for the duration of its term a President and a Deputy President from amongst its members. If either 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 oldest member shall preside over the first sitting until the President is elected. Article 93 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 94 Sittings of the National Assembly shall be public, though they may be held in secret upon the request of the Government, the President of the Assembly, or ten of its members. The debate on such request shall be held in secret. Article 95 The National Assembly shall decide upon the validity of the election of its members. No election may be declared invalid except by a majority vote of the members constituting the Assembly. This jurisdiction may, by law, be entrusted to a judicial body. Article 96 The National Assembly shall be the competent authority to accept resignation of its members. Article 97 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 vote of the members present, except in cases where a special majority is required. When votes are equally divided, the motion shall be deemed to be rejected. Article 98 Immediately upon its formation, every Cabinet shall present its programme to the National Assembly. The Assembly may make comments with regard to such a programme. Article 99 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 upon the answer. Article 100 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 an interpellation shall not take place until at least eight days have elapsed after its presentation, except in case of urgency and with the consent of the Minister concerned. Subject to the provisions of Articles 101 and 102 of the Constitution, an interpellation may lead to the question of no-confidence being put to the Assembly. Article 101 Every Minister shall be responsible to the National Assembly for the affairs of his ministry. 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 immediately submit his formal resignation. The question of confidence in a Minister may not be raised except upon his request or upon a 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. Withdrawal of confidence from a Minister shall be by a majority vote of the members constituting the Assembly excluding Ministers. Ministers shall not participate in the vote of confidence. Article 102 The Prime Minister shall not hold any portfolio; nor shall the question of confidence in him be raised before the National Assembly. Nevertheless, if the National Assembly decides, in the manner specified in the preceding Article, that it cannot co-operate with the Prime Minister, the matter shall be submitted to the Head of State. In such a case, the Amir may either relieve the Prime Minister of office and appoint a new Cabinet or dissolve the National Assembly. In the event of dissolution, if the new Assembly decides by the above-mentioned majority vote that it cannot co-operate with the said Prime Minister, he shall be considered to have resigned as from the date of the decision of the Assembly in this respect, and a new Cabinet shall be formed. Article 103 If, for any reason, the Prime Minister or a Minister vacates his office, he shall continue to discharge the urgent business thereof until his successor is appointed. Article 104 The Amir shall open the annual session of the National Assembly whereupon he shall deliver an Amiri Speech reviewing the situation of the country and the 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 105 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 said reply has been approved by the Assembly, it shall be submitted to the Amir. Article 106 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 only once. A period of adjournment shall not be counted in computing the duration of the session. Article 107 The Amir may dissolve the National Assembly by a decree in which the reasons for dissolution shall be indicated. However, dissolution of the Assembly may not be repeated for the same reasons. 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 meet immediately as if the dissolution had not taken place. The Assembly shall then continue to function until the new Assembly is elected. Article 108 A member of the Assembly represents the whole nation. He shall safeguard the public interest and shall not subject to any authority in the discharge of his duties in the Assembly or in its committees. Article 109 A member of the Assembly shall have the right to initiate bills. No bill initiated by a member and rejected by the National Assembly may be re-introduced during the same session. Article 110 A member of the National Assembly shall be free to express any views or opinions in the Assembly or in its committees. Under no circumstances shall he be held liable in respect thereof. Article 111 Except in cases of flagrante delicto, no measures of inquiry, search, arrest, detention, or any other penal measure may be taken against a member while the Assembly is in session, except with the authorization of the Assembly. The Assembly shall be notified of any penal measure that may be taken during its session in accordance with the foregoing provision. The Assembly shall always at its first meeting be notified of any such measure taken against any of its members while it was not sitting. In all cases, if the Assembly does not give a decision regarding a request for authorization within one month from the date of its receipt, permission shall be deemed to have been given. Article 112 Upon a request signed by 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 exchanging views thereof. All other members shall also have the right to participate in the discussion. Article 113 The National Assembly may express to the Government wishes regarding public matters. If the Government cannot comply with these wishes, it shall state to the Assembly the reasons therefore. The Assembly may comment once on the Government's statement. Article 114 The National Assembly shall at all times have the right to set up committees of inquiry or to delegate one or more of its members to investigate any matter within its competence. Ministers and all Government officials must produce testimonials, documents, and statements requested from them. Article 115 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 may not interfere with the work of either the Judicial or the Executive Power. Article 116 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 ministry is under discussion. The Cabinet shall be represented in the sittings of the Assembly by the Prime Minister or by some Ministers. Article 117 The National Assembly shall lay down its standing orders which shall include the procedure of the Assembly and its committees and the rules pertaining to discussion, voting, questions, interpellation, and all other functions prescribed in the Constitution. The standing orders shall 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 a legitimate excuse. Article 118 The maintenance of order in the National Assembly shall be the responsibility of its President. The Assembly shall have a special guard under the authority of the President of the Assembly. No armed forces may enter the Assembly or be stationed close to its gates unless so requested by the President. Article 119 The remuneration of the President of the National Assembly, the Deputy President and the Members shall be fixed by law. In the event of a modification of the said remuneration, such modification shall not take effect until the next legislative term. Article 120 Membership of the National Assembly shall be incompatible with public office except in the cases where compatibility is permitted in accordance with the Constitution. In such cases, the right to the remuneration for membership and the right to the salary of the public office shall not be cumulated. The law shall specify other cases of incompatibility. Article 121 During his mandate, a member of the National Assembly shall not be appointed on the board of directors of a company, nor shall he participate in concessions granted by the Government or by public bodies. Further, during the said mandate, he shall not buy or rent any property of the State, nor shall he let, sell or barter any of his property to the Government, except by public auction or tender, or in compliance with the system of compulsory acquisition. Article 122 During their mandate, members of the National Assembly with the exception of those occupying a public office not incompatible with the membership of the National Assembly, may not be awarded decorations.                   Back to Main