In the name of Allah, the Beneficent, the Merciful,
We, ABDULLA Al-SALEM Al-SABAH,
AMIR of the State of Kuwait,

Being desirous of consummating the means of democratic rule for our dear Country; and,

Having faith in the role of this Country in the furtherance of Arab nationalism and the promotion of world peace and human civilization.

Striving towards a better future in which the Country enjoys greater prosperity and higher international standing, and in which also the citizens are provided with more political freedom, equality and social justice; a future which upholds the traditions inherent in the Arab nature by enhancing the dignity of the individual, safeguarding public interest, and applying consultative rule yet maintaining the unity and stability of the Country; and

Having considered Law Number I of 1962 concerning the system of Government during the period of transition; and,

Upon the resolution of the Constituent Assembly;

Do hereby approve this Constitution and promulgate it

 

 

PART I
THE STATE AND THE SYSTEM OF GOVERNMENT

Article 1
Kuwait is an independent sovereign Arab State. Neither its sovereignty nor any part of its territory may be relinquished. The people of Kuwait is a part of the Arab Nation.

Article 2
The religion of the State is Islam, and the Islamic Sharia shall be a main source of legislation.

Article 3
The official language of the State is Arabic.

Article 4
Kuwait is a hereditary Amirate, the succession to which shall be in the descendants of the late Mubarak Al-Subah. The Heir Apparent shall be designated within one year, at the latest, from the date of accession of the Amir. His designation shall be effected by an Amiri Order upon the nomination of the Amir and the approval of the National Assembly, which shall be signified by a majority vote of its members in a special sitting.
In case no designation is achieved in accordance with the foregoing procedure, the Amir shall nominate at least three of the descendants of the late Mubarak al-Subah of whom the National Assembly shall pledge allegiance to one as Heir Apparent. The Heir Apparent shall have attained his majority, be of sound mind and a legitimate son of Muslim parents.
A special law promulgated within one year from the date of coming into force of this Constitution shall lay down the other rules of succession in the Amirate. The said law shall be of a constitutional nature and therefore shall be capable of amendment only by the procedure prescribed for amendment of the Constitution.

Article 5
The flag, emblem, badges, decorations and National Anthem of the State shall be specified by law.

Article 6
The System of Government in Kuwait shall be democratic, under which sovereignty resides in the people, the source of all powers. Sovereignty shall be exercised in the manner specified in this Constitution

 

PART II
FUNDAMENTAL CONSTITUENTS OF THE KUWAITI SOCIETY

Article 7
Justice, Liberty and Equality are the pillars of Society, co-operation and mutual help are the firmest bonds between citizens.

Article 8
The State safeguards the pillars of Society and ensures security, tranquility and equal opportunities for citizens.

Article 9
The family is the corner-stone of Society. It is founded on religion, morality and patriotism. Law shall preserve the integrity of the family, strengthen its ties and protect under its auspices motherhood and childhood.

Article 10
The State cares for the young and protects them from exploitation and from moral, physical and spiritual neglect.

Article 11
The State ensures aid for citizens in old age, sickness or inability to work. It also provides them with services of social security, social aid and medical care.

Article 12
The State safeguards the heritage of Islam and of the Arabs and contributes to the furtherance of human civilization.

Article 13
Education is a fundamental requisite for the progress of society, assured and promoted by the State.

Article 14
The State shall promote science, letters and the arts and encourage scientific research therein.

Article 15
The State cares for Public health and for means of prevention and treatment of diseases and epidemics.

Article 16
Property, capital and work are fundamental constituents of the social structure of the State and of the national wealth. They are all individual rights with a social function as regulated by law.

Article 17
Public property is inviolable and its protection is the duty of every citizen.

Article 18
Private property is inviolable. No one shall be prevented from disposing of his property except within the limits of law. No property shall be expropriated except for the public benefit in the circumstances and manner specified by law, and on condition that just compensation is paid.
Inheritance is a right governed by the Islamic Sharia.

Article 19
General confiscation of the property of any person shall be prohibited. Confiscation of particular property as a penalty may not be inflicted except by a court judgment in the circumstances specified by law.

Article 20
The national economy shall be based on social justice. It is founded on fair co-operation between public and private activities. Its aim shall be economic development, increase of productivity, improvement of the standard of living and achievement of prosperity for citizens, all within the limits of law.

Article 21
Natural resources and all revenues there from are the property of the State. It shall ensure their preservation and proper exploitation due regard being given to the requirements of State security and the national economy.

Article 22
Relations between employers and employees and between landlords and tenants shall be regulated by law on economic principles, due regard being given to the rules of social justice.

Article 23
The State shall encourage both co-operative activities and savings, and supervise the system of credit.

Article 24
Social justice shall be the basis of taxes and public imposts.

Article 25
The State shall ensure the solidarity of society in shouldering burdens resulting from public disasters and calamities and provide compensation for war damages or injuries received by any person as a result of the discharge of his military duties.

Article 26
Public office is a national service entrusted to those who hold it. Public officials, in the exercise of their duties, shall aim at the public interest.
Aliens may not hold public offices except in the cases specified by law

 

 

 

PART Ill
PUBLIC RIGHRS AND DUTIES

Article 27
Kuwaiti nationality shall be defined by law. No deprivation or withdrawal of nationality may be effected except within the limits prescribed by law.

Article 28
No Kuwaiti may be deported from Kuwait or prevented from returning thereto.

Article 29
All people are equal in human dignity, and in public rights and duties before the law, without distinction as to race, origin, language or religion.

Article 30
Personal liberty is guaranteed.

Article 31
No person shall be arrested, detained, 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 provisions of law.
No person shall be subjected to torture or to degrading treatment.

Article 32
No crime and no 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 into force.

Article 33
Penalty is personal.

Article 34
An accused person is presumed innocent until proven guilty in a legal trial at which the necessary guarantees for the exercise of the right of defense are secured. The infliction of physical or moral injury on an accused person is prohibited.

Article 35
Freedom of belief is absolute. The State protects the freedom of Practicing religion in accordance with established customs, provided that it does not conflict with public policy or morals.

Article 36
Freedom of opinion and of scientific research shall be guaranteed. Every person shall have the right to express and propagate his opinion verbally, in writing or otherwise, in accordance with the conditions and procedures specified by law.

Article 37
Freedom of the press, printing and publishing shall be guaranteed in accordance with the conditions and manner specified by law.

Article 38
Places of residence shall be inviolable. They may not be entered without the permission of their occupants except in the circumstances and manner specified by law.

Article 39
Freedom of communication by post, telegraph and telephone and the secrecy thereof shall be guaranteed; accordingly censorship of communications and disclosure of their contents shall not be permitted except in the circumstances and manner specified by law.

Article 40
Education is a right for Kuwaitis, guaranteed by the State in accordance with law and within the limits of public policy and morals. Education in its preliminary stages shall be compulsory and free in accordance with law. Law shall lay down the necessary plan to eliminate illiteracy. The State shall devote particular care to the physical, moral and mental development of youth.

Article 41
Every Kuwaiti has the right to work and to choose the type of his work. Work is a duty of every citizen necessitated by personal dignity and public good. The State shall endeavour to make it available to citizens and to make its terms equitable.

Article 42
There shall be no forced labour except in the cases specified by law for national emergency and with just remuneration.

Article 43
Freedom to form associations and unions on a national basis and by peaceful means shall be guaranteed in accordance with the conditions and manner specified by law. No one may be compelled to join any association or union.

Article 44
Individuals shall have the right of private assembly without permission or prior notification, and the police may not attend such private meetings. Public meetings, processions and gatherings shall be permitted in accordance with the conditions and manner specified by law, provided that their purpose and means are peaceful and not contrary to morals.

Article 45
Every individual shall have the right to address the public authorities in writing over his signature. Only constituted organizations and bodies corporate shall have the right to address the authorities collectively.

Article 46
Extradition of political refugees is prohibited.

Article 47
National defence is a sacred duty, and military service is an honor for citizens which shall be regulated by law.

Article 48
Payment of taxes and public imposts is a duty in accordance with law which shall regulate exemption of small incomes from taxes in such a way as to maintain the minimum standard of living

Article 49
Observance of public order and respect for public morals are a duty incumbent upon all inhabitants of Kuwait

 

 

PART IV
POWERS

 

Chapter I - General Provisions

Article 50
The system of Government is based on the principle of separation of powers functioning in co-operation with each other in accordance with the provisions of the Constitution. None of these powers may relinquish all or part of its competence specified in this Constitution.

Article 51
Legislative power shall be vested in the Amir and the National Assembly in accordance with the Constitution.

Article 52
Executive power shall be vested in the Amir, the Cabinet and the Ministers, in the manner specified by the Constitution.

Article 53
Judicial power shall be vested in the Courts, which shall exercise it in the name of the Amir within the limits of the Constitution.

Part V
GENERAL AND TRANSITIONAL PROVISIONS

Article 174
Either the Amir or one-third of the members of the National Assembly shall have the right to propose the revision of this Constitution by amending or deleting one or more of its provisions or by adding new provisions. If the Amir and the majority of the members constituting the National Assembly approve the principle of revision and its subject matter, the Assembly shall debate the bill article by article. Approval by a two-thirds majority vote of the members constituting the Assembly shall be required for the bill to be passed. The revision shall come into force only after being sanctioned and promulgated by the Amir regardless of the provisions of Articles 65 and 66 of this Constitution.
If the principle of revision or its subject matter is rejected, it shall not be presented again before the lapse of one year from the rejection.
No amendment to this Constitution may be proposed before the lapse of five years from its coming into force.

Article 175
The provisions relating to the Amiri System in Kuwait and the principles of liberty and equality.
provided for in this Constitution, may not be proposed for revision except in relation to the title of the Emirate or to increase the guarantees of liberty and equality.

Article 176
The powers of the Amir, specified in this Constitution, may not be proposed for revision when a Deputy Amir is acting for him.

Article 177
The application of this Constitution shall not affect treaties and conventions previously concluded by Kuwait with other States and international organizations.

Article 178
Laws shall be published in the Official Gazette within two weeks of their promulgation and shall come into force one month after their publication. The latter period may be extended or reduced for any law by a special provision included in it.

Article 179
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 than penal matters, a law may, with the approval of a majority vote of the members constituting the National Assembly, prescribe otherwise.

Article 180
All provisions of laws, regulations, decrees, orders and decisions, 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 181
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 182
This Constitution shall be published in the Official Gazette and shall come into force on the date of the meeting of the National Assembly which shall not be later than January 1963.

Article 183
Law Number 1 of 1962 concerning the system of Government during the period of transition shall continue to be in force, and the present members of the Constituent Assembly shall continue in the exercise of their duties specified in the said law, until the meeting of the National Assembly.

Abdullah At-Salim AI-Subah
AMIR OF THE STATE OF KUWAIT
Issued at the Seif Palace on the 14th of Jumada al-Thani, 1382, corresponding to
the 11 the of November, 1962.