POLITICAL STRUCTURE

Introduction:-

Politics in Afghanistan has historically consisted of power struggles, bloody coups and unstable transfers of power. With the exception of a military junta, the country has been governed by every system of government over the past century, including a monarchy, republic, capitalism, theocracy, dictatorship, socialism and a pro-communist state. The country's first constitution was adopted in 1923 when the reformist king, Amanullah, declared independence from Britain. In 1933, King Nadir Shah gave the country another constitution, only to be replaced by a more democratic one in the reign of his son, Muhammad Zahir Shah, in 1964.
             The constitution ratified by the 2003 Loya jirga restructured the government as an Islamic republic consisting of three branches of power (executive, legislative, and judiciary) overseen by checks and balances.

Process:-

The Bonn Agreement on Afghanistan's political future in December 2001 envisaged the formulation of a new constitution in two years time. In December 2001, a number of prominent Afghans met under UN auspices in Germany, to decide on a plan for governing the country; as a result, the Afghan Interim Authority (AIA) - made up of 30 members, headed by a chairman - was inaugurated on December 22, 2001, with a six-month mandate to be followed by a two-year Transitional Authority (TA), after which elections were to be held. Some provisions in the agreement have expired, due to the creation of the constitution. Still, the agreement paved the way for the creation of a democratic Afghanistan.

Approval by the Loya Jirga:-

The structure of the Transitional Authority was announced on June 10, 2002, when the Loya Jirga (Grand Assembly) convened establishing the Transitional Islamic State of Afghanistan (TISA), which had 18 months to hold a constitutional Loya Jirga to adopt a constitution and 24 months to hold nationwide elections. The Loya Jirga was replaced by the National Assembly

Constitution of Afghanistan:-

The Constitution of Afghanistan became the official law of Afghanistan when the 2003 Loya jirga approved it by the consensus on January 4, 2004. It evolved out of the Afghan Constitution Commission mandated by the Bonn Agreement. The constitution provides for an elected President and National Assembly. The transitional government of interim President Hamid Karzai was put in place in June 2002. Presidential elections took place on October 9, 2004, and Karzai was elected to a five-year term. Elections for the National Assembly were delayed until September 2005. The Constitution consists of 160 articles. The document was officially signed by interim President Hamid Karzai on January 26, 2005.

   Executive Branch:-

   Legislative Branch:-

   Afghanistan's legislative body is a parliament consisting of two houses: the Wolesi Jirga, the House of the People, and the Meshrano Jirga, House of Elders.

     The National Assembly:

     The Constitution establishes a bicameral National Assembly, consisting of two houses: the Wolesi Jirga (House of People) and the Meshrano Jirga (House of Elders). The National Assembly is the highestlegislative body of Afghanistan and through the electoral process represents the will of the Afghan people. The main role of the National Assembly is to draft and approve laws and to exercise oversight over theexecutive. According to the Constitution, the main powers of the National Assembly are:
Ratification, modification, and abrogation of laws or legislative decrees
Approval of economic, social, and cultural development plans
Creation, modification and/or abrogation of administrative units
Approval of the state's budget.
Ratification of international treaties and agreements.

     Wolesi Jirga (the House of the People):-

     The House of the People, also known natively as the Jaargah Mardumi is the lower house of the bicameral National Assembly of Afghanistan.
The House of the People is the chamber that bears the greater burden of law making in the country, as with the House of Commons in the Westminster model. It consists of 249 delegates directly elected by single non-transferable vote (SNTV). Members are elected by district and serve for five years. At least 64 delegates (two from each province) must be women; they are appointed by the president who also nominates two representatives of the physically disabled, and two Kuchi nomads. It has the primary responsibility for making and ratifying laws and approving the actions of the president. The first elections in decades were held only in September 2005, four years after the fall of the Muslim fundamentalist Taliban regime, still under international (mainly UN and NATO) supervision. The duties of Wolesi Jirga are:

     Meshrano Jirga (House of Elders):-

     The House of Elders, also natively known as the Jaargah e Buzurgan is the upper house of the bicameral National Assembly of Afghanistan. It has 102 members. One-third of it (34) are elected by district councils (one per province) for 3-year terms, one-third (34) by provincial councils (one per province) for 4-year terms, and one-third (34) are nominated by the president for 5-year terms. However, elections for the district councils were not held in the 2005 parliamentary elections. As such, each provincial council also selected one of its elected members to temporarily hold seats in the house until district council elections are held. Half of the presidential nominees have to be women, two representatives from the disabled and impaired and two from the Kochis. (Article 84 of the constitution). This house forms more of an advisory role rather than a maker of law. Still, the house has some veto power.   

     Provincial Councils:-

     District Councils:-

        Due to delineation problems these are not functioning as yet.

Judicial Branch:-

The republic's top court is the Stera Mahkama (Supreme Court). The Stera Mahkama is made up of nine judges appointed by the president to a ten-year term, with approval of the parliament. Judges must be at least forty years of age, have a degree in law or Islamic jurisprudence, and stand free of any affiliation to a political party. The appeals courts and lower district courts are also vital to the country's judicial system.
The judicial system theoretically is quite effective however corruption still hampers quick dispensation of justice and the poorer sections of the society are still vulnerable to injustice and oppression because of the rich, the powerful and armed groups having considerable influence on the police and the judicial system.

Cabinet:-

Ministers that hold multiple citizenships must gain approval of the parliament. The cabinet that is nominated by the president (approved by the parliament) is directly responsible to the president. Cabinet members cannot remain members of parliament.
President: Hamid Karzai, first ever democratically elected head of state in Afghanistan
First Vice President:Ahmed Zia Massoud
Second Vice President: Mohammad Karim Khalili

     Ministers:-

 Updated on 8 November 2008