{ Adopted on: 26 May 1973 }
{ Effective since: 6 Dec 1973 }
{ Status: 6 Dec 1973 }
{ Official Title: Constitution of the State of Bahrain }
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.
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.
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.
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.
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.
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.
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 }