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Chapter Four Powers Chapter Four: The Executive Authority The Kuwaiti Constitution

 Chapter IV


the authorities


Chapter Four: The Executive Authority




The first branch: the ministry



 Article 123


The Council of Ministers controls the interests of the state, draws the general policy of the government, monitors its implementation, and supervises the progress of work in government departments.



 Article 124


The law shall determine the salaries of the prime minister and ministers.


All provisions relating to ministers shall apply to the Prime Minister, unless otherwise stipulated.



 Article 125


Whoever takes over the ministry shall stipulate the conditions stipulated in Article 82 of this Constitution.



 Article 126


Before the Prime Minister and the ministers assume their powers, they take before the Emir the oath stipulated in Article 91 of this constitution.



 Article 127


The Prime Minister presides over the Council sessions and oversees the coordination of work between the various ministries.



 Article 128


The deliberations of the Council of Ministers are confidential, and its decisions are issued in the presence of the majority of its members, and with the approval of the majority of those present.


The minority is bound by the opinion of the majority unless it is independent.


Council decisions are submitted to the Emir for approval in cases where a decree is required.



 Article 129


The resignation of the Prime Minister or his removal from office includes the resignation or removal of all ministers from their posts.



 Article 130


Each minister supervises the affairs of his ministry and implements the general policy of the government in it. He also draws the direction of the ministry and oversees its implementation.



 Article 131


It is not permissible for the Minister, during his tenure of the Ministry to assume any other public position, or to practice, even indirectly, a free profession or an industrial, commercial, or financial work. It is also not permissible for him to contribute to commitments made by the government or public institutions, or to combine the ministry with membership in the board of directors of any company.


It is not permissible for him, during that period, to buy or rent money from the state’s funds, even by public auction, or to rent or sell any of his money or barter for it.



 Article 132


A special law defines the crimes committed by the ministers in the performance of their duties and specifies the procedures for accusing them and trying them and the competent authority for this trial, without prejudice to the application of other laws regarding the ordinary acts or crimes committed by them, and the civil liability arising from their actions.



 Article 133


The law organizes public institutions and municipal administration bodies in a way that guarantees their independence under the direction and control of the state.



The second branch: financial affairs



 Article 134


The creation, amendment and abolition of public taxes shall only be effected by law. No one is exempt from paying all or part of it in cases other than those specified by law. It is not permissible to assign anyone to pay other taxes, fees and costs except within the limits of the law.



 Article 135


The law defines the provisions relating to the collection of public funds and the procedures for their disbursement.



 Article 136


Public loans are concluded by law, and the state may lend or guarantee a loan by law, or within the limits of the appropriations established for this purpose in the budget law.



 Article 137


Public institutions and local public legal persons may lend or guarantee a loan in accordance with the law.



 Article 138


The law defines the provisions for the preservation and management of state property, the conditions for disposing of it, and the limits within which a part of this property may be relinquished.



 Article 139


The fiscal year is determined by law.



 Article 140


The state shall prepare the comprehensive annual budget proposal for the state’s revenues and expenditures and submit it to the National Assembly at least two months before the end of the fiscal year, for examination and approval.



 Article 141


Discussing the budget in the National Assembly shall be a chapter, and it is not permissible to allocate any revenue from public revenues to a specific aspect of spending except by law.


Article 142


The law may provide for the allocation of certain amounts for more than one year, if the nature of the bank so requires, provided that the funds for each of them are included in successive budgets, or an exceptional budget is drawn up for them for more than one fiscal year.



 Article 143


The budget law may not include any text that would create a new tax, increase an existing tax, amend an existing law, or avoid issuing a special law in a matter that this constitution stipulates that a law must be issued in this regard.



 Article 144


The general budget is issued by law.



 Article 145


If the budget law is not issued before the beginning of the fiscal year, the old budget shall be applied until its issuance. The revenues are collected and the expenditures are spent according to the laws in force at the end of the mentioned year.

If the National Assembly has approved some of the chapters of the new budget, those chapters shall be applied.



 Article 146


Every expense not included in the budget or in excess of the estimates included in it must be made by law, as well as transferring any amount from one chapter to another of the budget chapters.



 Article 147


Under no circumstances may the maximum spending estimates included in the Budget Law and the laws amending it be exceeded.



 Article 148


The law defines the independent and supplementary public budgets, and the provisions related to the state budget shall apply to them.



 Article 149


The final account of the state’s financial administration for the past year is submitted to the National Assembly within four months following the end of the fiscal year for consideration and reading.



 Article 150


The government submits to the National Assembly a statement on the state’s financial situation at least once during each of its ordinary sessions.



 Article 151


A Financial Supervision Bureau shall be established by law, which guarantees its independence, and is attached to the National Assembly, and it assists the government and the National Assembly in monitoring the collection of state revenues and spending its expenditures within the budgetary limits. The Bureau submits to both the government and the National Assembly an annual report on its activities and observations.



 Article 152


Every obligation to invest a resource of natural wealth or a public utility facility shall be by virtue of a law and for a limited time, and the preliminary procedures shall ensure the facilitation of research and disclosure, and the achievement of openness and competition.



 Article 153


Every monopoly can only be granted by law and for a specific time.



 Article 154


The law regulates currency and banking, and sets standards, weights and measures.



 Article 155


The law shall regulate the affairs of salaries, pensions, compensation, subsidies, and bonuses that are imposed on the state treasury.



 Article 156


The law shall lay down the provisions for the budgets of local institutions and bodies with public legal personality and their final accounts.



The third branch: military affairs



 Article 157


Peace is the goal of the state, and the safety of the homeland is a trust for every citizen, and it is part of the safety of the great Arab nation.



 Article 158


Military service is regulated by law.



 Article 159


Only the state establishes the armed forces and public security agencies in accordance with the law.



 Article 160


Mobilization, general or partial, is regulated by law.



 Article 161


A Higher Defense Council shall be established to undertake defense affairs, maintain the integrity of the homeland, and supervise the armed forces in accordance with the law.



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