Organisation of Authorities

Organisation of Authorities

Organisation of Authorities

Organisation of Authorities

- Constitution of Qatar

Chapter 4 - Organisation of Authorities

Part 1 - General Provisions:

Article 59 People are the source of authority and shall practice it according to the provisions of this Constitution.

Article 60 The system of governance shall be based on the separation of authority with cooperation in accordance with the way stipulated by this Constitution.

Article 61 The legislative authority shall be handled by the Advisory Council as stipulated in this Constitution.

Article 62 The executive authority shall be handled by the Emir to be assisted by the Cabinet as stipulated in this Constitution.

Article 63 The judicial authority shall be handled by the courts of law as stipulated in this Constitution. All verdicts shall be issued under the name of the Emir.

Part 2 - The Emir

Article 64 The Emir is the Head of the State. His person is secure and should be respected.

Article 65 The Emir is the Supreme Commander of the Armed Forces, has the right to supervise them, to be assisted by the Defence Council under his direct supervision. The formation of the Defence Council and the definition of its authority shall be as per an Emiri Decision.

Article 66 The Emir shall represent the State within the country and in all international relations.

Article 67 The Emir shall have the following powers: 1. Formulating the general policy of the State with the assistance of the Cabinet.

2. Endorsing and issuing laws. No law shall be issued unless endorsed by the Emir.

3. Convening meetings of the Council of Ministers, whenever public interest so requires. He shall chair all sessions he attends.

4. Appointing civil and military personnel and terminating their services according to the law.

5. Accepting the credentials of diplomatic and consular missions.

6. Pardoning convicts or reducing punishments in accordance with the law.

7. Bestowing civil and military honours in accordance with the law.

8. Establishing and organising ministries and other government agencies and defining their authorities.

9. Establishing and organising agencies to give him opinions and consultation to guide the policies of the State, to supervise these agencies and to define their authority.

10. Any other powers in accordance with this Constitution and the law.

Article 68 The Emir shall sign conventions and agreements by issuing a Decree and putting them before the Advisory Council along with relevant descriptions. The conventions or the agreements shall have the power of law after being endorsed and published in the official gazette. While the treaties and other such pacts related to the territories of the State or the rights of sovereignty or general or special rights of the citizens or those that include amendments of the law, shall not be valid unless being issued by a law. In any case, treaties shall not include secret conditions contrary to those made public.

Article 69 The Emir may announce through a Decree a national emergency in the State under exceptional circumstances stipulated by the law. He has the right to take all the necessary urgent measures to confront any danger threatening the safety of the State or its territorial integrity or security and interests of its people or impeding the institutions of the State from performing their duties. The Decree shall include the nature of such exceptional circumstances for which the state of emergency has been declared and describe the measures being taken to confront the emergency. The Advisory Council shall be notified within 15 days following the issuance of the Decree. In case of the absence of the council for any reason, it should be notified about the Decree in its first meeting. The declaration of the emergency provisions shall have a limited period of validity and shall not be extendable unless approved by the Advisory Council.

Article 70 The Emir has the right in the exceptional circumstances that require urgent measures and issuance of laws and if the Advisory Council is not in session, to issue relevant Decrees having the power of law. These Decree-Laws shall be put before the Advisory Council in its first meeting. The council has the right, within 40 days and by two-thirds majority, to reject any of these or ask for amendments for a specific period of time. The effect of these Decree-Laws shall be cancelled from the date of the council’s rejection or after the expiry of the period specified for their amendment.

Article 71 A war of defence shall be declared as per an Emiri Order. Offence is prohibited.

Article 72 The Emir shall appoint the Prime Minister and accept his resignation and relieve him from his post with an Emiri Order. The acceptance of the resignation or the dismissal of the Prime Minister will amount to dissolution of the entire Council of Ministers. In case of acceptance of the resignation or dismissal from the post the ministries shall continue to perform urgent functions until fresh appointments are made.

Article 73 The Emir shall appoint ministers according to an Emiri Order, as per nominations made by the Prime Minister, and accept their resignation or dismiss them with the same tool. In case of acceptance of the resignation of the minister, the Emir may ask him to perform urgent functions until the appointment of his successor.

Article 74 The Emir, before practising his power in a special session for the Advisory Council, shall take the following oath: “I swear by the Almighty Allah to respect the Islamic Shariah, the Constitution, and the Law, and to protect the independence of the State and maintain its territorial security and to protect its people’s freedom and interests.”

Article 75 The Emir may ask for a citizen’s referendum on crucial issues related to national interests. The referendum issue shall be accepted if approved the majority of voters. The result of the referendum shall be valid and binding from the date of its announcement and shall be published in the official gazette.

Part 3 - The Legislative Authority

Article 76 The Advisory Council shall handle the legislative authority, approve the general State budget and monitor the executive authority, in a manner stipulated by this Constitution.

Article 77 The Advisory Council shall consist of 45 members. Thirty of them shall be elected directly by secret ballot, while the remaining 15 shall be appointed by the Emir from among ministers or others. The membership of the appointed members shall be terminated with their resignation or dismissal.

Article 78 The election system should be laid out by a law, defining the terms and conditions of nomination and election.

Article 79 The electoral districts, that the State will be divided into, shall be defined by an Emiri Decree.

Article 80 The conditions for eligibility to the Advisory Council membership are:

1. Should be of Qatari origin.

2. Age on the closing date of nomination should not be less than 30 years according to Gregorian calendar.

3. Should be fluent in reading and writing Arabic language.

4. Should not have been convicted of a crime related to dishonesty or violating honour, unless otherwise rehabilitated later, in accordance with the law.

5. Should satisfy all conditions stipulated in the election laws.

Article 81 The Advisory Council shall have a four-year tenure from the date of its first meeting. The election of the new council shall be conducted ninety days before the end of the tenure of the previous one. Members may be re-elected. If the elections cannot be held or are delayed, for any reason, at the end of the previous council’s tenure it will continue to be in office until the election. The term shall not be extended unless when necessary and shall be done by a Decree.

Article 82 The law shall define the concerned judicial authority for deciding the legality of the election of the members of the Advisory Council.

Article 83 If a post of an elected member falls vacant at least six months before the end of its term, for any reason, a successor should be elected from the date of the vacancy being created. If a post of an appointed member falls vacant, a replacement shall be appointed. In both cases, the new member shall complete the term of his predecessor.

Article 84 The Advisory Council will work for at least eight months in a year. The sessions shall not be adjourned before the approval of the State Budget.

Article 85 The Advisory Council shall hold its annual ordinary session according to an invitation from the Emir, during the month of October every year.

Article 86 With the exception of the previous two Articles, the Emir may call the Advisory Council to the first meeting following the election within one month of the election. In case of a delay in holding this session, the period of the delay in this annual session, as stipulated in the previous Article, shall be suitably deducted.

Article 87 The Emir or his deputy shall open the annual session of the council and shall deliver a comprehensive speech tackling all the issues faced by a country.

Article 88 The Emir shall call the Advisory Council to an extraordinary meeting, if necessary, or as per a request of the majority of the council. In the extraordinary session, the council has no right to discuss matters except those for which the session was called.

Article 89 Invitation for the Advisory Council meeting in its ordinary or extraordinary sessions and its adjournment shall be as per a Decree.

Article 90 The Emir has the right to put off an Advisory Council meeting by a Decree for a period not exceeding one month. This postponement shall not be repeated in one session unless with the approval of the council. The period of postponement shall not be calculated as part of the period of the session.

Article 91 The council shall hold its meetings at its location in Doha. The Emir has the right to call the meeting at any other place.

Article 92 Members of the Advisory Council shall take the following oath before assuming their duties in an open session: “I swear by Almight Allah to be loyal to the country and the Emir; to respect the Islamic Shariah, the Constitution and the Law; to uphold the people’s interests and to perform my task honestly and faithfully.”

Article 93 The council in its first meeting shall elect a chairman and a deputy chairman from amongst its members for the entire term. If any one of these posts falls vacant, the council shall elect a replacement until the end of its term. Elections shall be conducted through secret ballot. If a majority in favour of a candidate is not achieved, there would be repolling for the members whose tallies are tied. If the tie cannot be broken by polling, a winner shall be decided by drawing lots. The session shall be chaired by the oldest member, until the chairman is elected.

Article 94 The council shall form the required committees of members within two weeks of its first annual session. These committees may work when the council is not in session and present the result of their activities at the council’s sessions.

Article 95 The council shall have a board consisting of the chairman, his deputy, heads of committees and the general secretariat assisting the council in performing its duties.

Article 96 Maintaing order in the council is the duty of the chairman.

Article 97 The council shall establish its internal regulations and systems for its functioning, for the functioning of committees, organising sessions, rules of discussions, voting, and other powers and duties as stipulated by this Constitution. The regulation should define penalties to be given to members violating them or being absent from the council’s or committees’ meetings without any justifiable reason. These regulations should be issued through a law.

Article 98 Sessions of the Advisory Council shall be public. They may be held in- camera as per a request of a third of its members or by a request from the Cabinet.

Article 99 For a session to be valid, it should be attended by a majority of the members, including the chairman or the deputy chairman. The session shall be postponed to the next date in the lack of a quorum.

Article 100 Decisions of the council should be issued by a vast majority of the members in attendance, in cases not requiring a special majority. In case of a tie, the chairman shall have a casting vote.

Article 101 Membership of the council shall expire for any one of the following reasons:

1. Death or disability

2. Expiry of the term

3. Resignation

4. Dismissal

5. Dissolution of the council

Article 102 Resignation from the membership of the council shall be in writing to the chairman. The chairman shall put the resignation before the council for a decision. The internal regulation shall organise the related provisions.

Article 103 Membership of any of the council member shall not be revoked unless he is untrustworthy or any one of the eligibility conditions is violated, or is case of negligence of duties as a member. A decision on dropping a member shall be taken by a two-thirds majority of the council.

Article 104 The Emir has the right to dissolve the Advisory Council with a Decree, explaining the reasons for the dissolution. It is not permissible for the council to be dissolved for the same reason twice. If the council is dissolved, election for a new body shall be conducted not later than six months from the date of the dissolution. Until the new council takes over, the Emir shall handle the legislative powers with the assistance of the Cabinet.

Article 105 1. Every member of the Advisory Council has the right of proposing laws. Every proposal shall be referred to the concerned committee in the council for further study and placing it before the council. If the council accepts the proposal, it shall be referred to the government after putting in the form of a draft law along with the council’s opinions. After consideration by the government it shall be returned to the council in the same or the next session.

2. A proposed law rejected by the council shall not be submitted again in the same session.

Article 106 1. Every draft of law approved by the Advisory Council shall be submitted to the Emir for endorsement. 2. If the Emir does not approve the draft, he shall return it to the council within three months from the date of submission, along with reasons for such an action.

3. If the draft of law is returned to the council within the stipulated period and the council approves it once again with a two-thirds majority, the Emir shall approve it and issue the law. The Emir has the right, when absolutely necessary, to issue orders to stop the implementation of such a law for a period for which he believes it may achieve the greater interests of the country. However, if the draft does not get a two-third vote of the council, it shall not be reviewed during the same session.

Article 107 The general State Budget proposals should be referred to the Advisory Council at least two months before the beginning of the fiscal year. The budget shall not be valid unless approved by the council. The council has the right to amend the State Budget proposals after the approval of the government. If the new budget is not approved before the beginning of the fiscal year, the previous budget provisions shall continue until the approval of the new one. The law shall stipulate the manner in which the budget is prepared as well as the fiscal year.

Article 108 The Advisory Council has the right of expressing opinions to the government in general matters, and if the government is not able to accept these opinions it should explain the reasons to the council. The council has the right to respond once to this explanation.

Article 109 Every member of the council has the right to seek explanations from the Prime Minister or any of the ministers in matters related to their areas of jurisdiction. Only the member seeking explanation has the right to comment once on the explanation.

Article 110 Every member of the council has the right to question ministers in matters related to their areas of jurisdiction. Such a question has to be first approved by a third of the council. Discussions on the question shall not be conducted within ten days of putting it, unless in case of an emergency, provided that the concerned minister approves curtailing of this period.

Article 111 Every minister is responsible before the council for the functioning of his ministry. A motion of no-confidence against a minister shall not be moved until after a discussion on the enquiry addressed to him. A non- confidence motion cannot be brought without the minister’s approval, unless an application is signed by 15 members. The council has no right to issue a decision in this matter before at least ten days from the date of submitting the application or expressing the idea. A no- confidence move against a minister shall have to be approved by two- thirds of the members the council consists of. The minister shall be relieved of his charge from the date of the decision on the no- confidence motion.

Article 112 A member of the council shall not be excused for the opnions or views expressed before the council or its committees on issues within the juridiction of the council.

Article 113 1. No member of the Advisory Council shall be arrested, jailed, frisked or questioned unless caught red-handed in an illegal action or without the permission of the council. If the council does not issue a decision on an application within one month from the date of receiving such application, it shall be considered as granting of permission. The permission shall be issued by the chairman of the council in times when the council is not in session.

2. In case of apprehension, the council should be informed about the action taken against the concerned member. In times when the council is not in session, it should be notified in the its first session.

Article 114 It is not allowed for a member of the council to have membership of the council while simultaneously handling public post, except in cases where it is accepted by the Constitution.

Article 115 Members of the council shall work for the interests of the country and shall not use this membership in any way for their own interests or interests of those with whom they have special relations. The law shall define acts that the members shall not indulge in.

Article 116 The chairman of the council, his deputy and members shall be awarded renumeration to be defined by the law, and to be valid from the date of their taking the oath before the council.

Part 4 - Executive Authority

Article 117 No one shall be appointed as minister unless being of Qatari origin.

Article 118 The formation of the Cabinet shall be in accordance with an Emiri Order, as per a proposal from the Prime Minister. The Emir has the right to assign the Prime Minister or any of the minister with one or more portfolios. The law shall define the authority of the ministers.

Article 119 The Prime Minister and ministers shall take the following oath before the Emir: “I swear by Almighty Allah to be loyal to the country and the Emir; to respect the Islamic Shriah, the Constitution, and the Law, and to uphold the people’s interest, and to perform my duties honestly and faithfully, and to fully preseve the country’s territorial integrity.

Article 120 The Cabinet shall assist the Emir in performing his duties and practising his authority, according to this Constitution and the provisions of the law.

Article 121 The Cabinet shall be assigned, in its capacity as supreme executive authority, the managing all internal and external affairs which come within its authority according to the Constitution and the provisions of the law. The Cabinet shall particularly have the following powers:

1. Proposing drafts of laws and decrees. Draft of laws should be referred to the Advisory Council for consideration, and in case of approval, should be submitted to the Emir for endorsement and issuance, according to the provisions of this Constitution.

2. Approving drafts and decisions prepared by ministries and other government agencies, each within its competence, for the implementation of laws and in compliance with its provisions.

3. Supervising implementation of laws, decrees, regulations and decisions.

4. Proposing the establishment and organisation of government departments, agencies, and public institutions, in compliance with the law.

5. Monitoring the financial and administrative processes of the government.

6. Appointing and terminating employees in cases where such action is not within the authority of the Emir or individual ministers, according to the law.

7. Setting the general rules that ensure the stability of the internal security and maintaining order in the country at large, according to the law.

8. Managing the State finances, preparing the general budget proposals, according to the provisions of this Constitution and the law.

9. Approving economic projects and the means of their implementation.

10. Supervising means of promoting the interests of the State abroad and means of promoting international relations and external affairs.

11. Preparing a report in the beginning of every fiscal year, to include a detailed presentation on the significant achievements within and outside the country, along with a plan outlining the best means to achieve comprehensive development of the state. Providing means of development, progress and welfare. Consolidating the country’s security and stability according to the core principles guiding the State policy stipulated in this Constutition. This report shall be submitted to the Emir for approval.

12. Any other functions assigned to it by this Constitution or the law.

Article 122 The ministers shall execute the general policy of the government, within their authority. The Emir has the right to ask the Prime Minister or the ministers to submit reports concerning any of the affairs within their authority.

Article 123 The Prime Minister and the ministers are collectively responsible before the Emir for the implemnetation of the general policy of the government. Every one of them shall hold individual responsibility before the Emir concerning his duties and practising his authority.

Article 124 The law shall determine the remuneration of the Prime Minister and the ministers. The Prime Minister shall be subject to all provisions applying to ministers, unless there is a provision that states otherwise.

Article 125 The Prime Minister shall handle the Cabinet’s sessions and guide and supervise the discussions and the coordination between different ministries to achieve the unity of the government agencies and the integration of its activities. He has the right to sign on behalf of the Cabinet and in the name of the Cabinet, all decisions issued by the Cabinet. He shall submit to the Emir all decisions taken by the Cabinet relating to affairs that an Emiri Decision defines for endorsement and issuance, according to the provisions of this Constitutions.

Article 126 Meetings of the Cabinet shall be considered legal if the majority of its members attend along with the Prime Minister or his deputy. The deliberations of the Cabinet shall be confidential. Its decisions shall be taken only when approved by a majority of the members. In case of a tie, the Prime Minister has a casting vote. The minority shall accept and be committed to the decision of the majority.

Article 127 The Cabinet shall prepare its internal regulation for organising its functioning. It shall have a secretariat general to assist it in performing its tasks.

Article 128 The ministers, when handling their posts, shall uphold the interets of the country. They shall not use or exploit there official posts in any way for their own interests or for the interests of those with whom they have special relations. The law shall define acts prohibited for the ministers and acts that may attract questioning, and also define the manner of this questioning.

Part 5 -Judicial Authority

Article 129 The prevalence of the law is the basis of the rule in the State. The honesty of judiciary and the neutrality of judges and their justice is a guarantee of rights and freedoms.

Article 130 The judicial authority is independent and shall be handled by courts of law in its different types and degrees. It shall issue its verdicts according to the law.

Article 131 Judges are independent. There is no power over them in their judgements except the law. No agency has the right to interfere in the process of justice.

Article 132 The law shall categorise the courts of law in different types and degrees and define their authorities and jurisdictions. The authority of court martialling is restricted in cases of non-emergency professions, on the military crimes committed by personnel of the armed forces and security forces, and within the limits stipulated by the law.

Article 133 Sessions of the courts of justice shall be public, unless the court decides to hold them in-camera. In all cases, the pronouncement of the verdict shall be in a public session.

Article 134 Judges are beyond dismissal, except in cases to be defined by the law. The law shall define the special provisions related to them and organise their disciplinary questioning.

Article 135 Litigation is a right secured and preserved for the people. The law shall define procedures and situations of practising this right.

Article 136 The Attorney General shall handle the general public cases in the name of the society; supervise the affairs of judicial control; be dedicated to the implementation of the criminal law. The law shall set this agency and define its authority and conditions and special guarantees for those appointed in its posts.

Article 137 The judiciary shall have a Supreme Council supervising the proper way of the functioning of courts and supporting agencies. The law shall define the formation of this council, its jurisdiction and authority.

Article 138 The law shall define the concerned agency entitled to settle administrative disputes and its system and its functions.

Article 139 The law shall define the manner of settling disputes on the specialisation between the judicial bodies and in disputes between provisions.

Article 140 The law shall define the judicial agency that is authorised to settle disputes related to constitutional validity of laws and regulations; define its authority, and means of appeal and regulations that should be followed before this agency. The law shall also define the effect of a sentence declaring an act as unconstitutional.


Constitution of Qatar

State and the Bases of the Rule
Basic components of the Society
General Rights and Duties
Organisation of Authorities
General Provisions
Emir
Legislative Authority
Executive Authority
Judicial Authority
Final Provisions
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