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Egypt on democratic track

Thursday, 23 October 2014 - 6:24 AM Cairo
Home >> Miscellaneous >> Text of 1971 constitution

Constitution of the Arab Republic of Egypt 1971

Proclamation:

We, the people of Egypt, who have been toiling on this great land since the dawn of history and the beginning of civilization:

We, the people working in Egypt’s villages, cities, plants, centers of education, industry and in each and every field of work which contributes to the making of life on its soil or shares in the honour of defending this land;

We, the people who believe in our immortal and spiritual heritage, and who are confident in our profound faith, and cherish the honour of man and of humanity; We, the people, who in addition to shouldering the trust of history, carry the responsibility of great present and future objectives deeply rooted in the long and arduous struggle, where flags of freedom, socialism and unity were hoisted along the path of the great march of the Arab nation.

We, the Egyptian people, in the name of Allah and with His assistance, pledge indefinitely and unconditionally to exert every effort to realise:

First: Peace for our world:

Being determined that peace should be based on justice, and that the political and social progress of all peoples can only be realised through the freedom of these peoples and their independent will, and that any civilisation is not worthy of its name unless it is free from exploitation whatever its form.

Second: Unity: The hope for our Arab Nation:

Being convinced that Arab unity is a call of history and of the future, and a demand of destiny; and that unity can materialise only under the protection of an Arab nation capable of warding off any threat, under whatever pretexts.

Third: Sustained Development of life in our country:

Being convinced that the real challenge to nations is to make progress and that such progress does not occur automatically, or through slogans; but that the driving force behind it is to unleash the potentials of creativity and inspiration in our people, who have asserted at all times their contribution to civilization and to humanity through work alone.

Our people have passed through successive experiences, during which they offered and were guided by national and international experiences, which ultimately took shape in the July 23 Revolution of 1952.

This Revolution was brought about by the alliance of the working forces of our perseverant people who were able, through profound and refined consciousness, to retain their original character, continually rectifying their course and realising an integration between science and faith, between political and social freedom, between national independence and social affiliation; between the universality of struggle for the liberation of man, on the political, economic, cultural and ideological levels, and the struggle against forces of regression, hegemony and exploitation.

Fourth: Freedom and Humanity of Egyptians:

Realising that man’s humanity and dignity are the beams of light that guide and direct the course of the great development of mankind for the realisation of its supreme ideal.

Man’s dignity is a natural reflection of the nation’s dignity, now that the individual is the cornerstone in the edifice of the homeland, the land that derives its strength and prestige from the value of man and his education.

The rule of law is not only a guarantee for the freedom of individual alone, but is also at the same time the sole basis for legitimacy of authority.

The formula of alliance of active popular powers is not a means for social strife towards historical evolution, but is, under the current climate and means of this modern age, indeed a safety valve that protects the unity of working powers in the country and eliminates, internal contradictions in the cause of democratic interaction.

We, the people of Egypt, out of determination, confidence and faith in all national and international responsibilities, and in acknowledgment of Allah’s right and His Heavenly Messages, and in the right of the country and nation, as well as of the principle and responsibility of mankind, and in the name of the Almighty and His assistance, declare on the 11 Th. of September, 1971 that we accept and grant to ourselves this Constitution, affirming our determination to defend and protect it, and asserting our respect for it in letter and spirit.

 

  The Arab Republic of Egypt is a democratic state based on citizenship. The Egyptian people are part of the Arab nation and work for the realization of its comprehensive unity.

Article 2

Islam is the religion of the state and Arabic its official language. Principles of Islamic law ( Shari’a) are the principal source of legislation.

Article 3

Sovereignty is for the people alone and they are the source of authority. The people shall exercise and protect this sovereignty, and safeguard national unity in the manner specified in the Constitution.

Article 4

Economy in the Arab Republic of Egypt is based on the development of economic activity, social justice, guarantee of different forms of property and the preservation of laborers’ rights.

Article 5

The political system of the Arab Republic of Egypt is a multiparty system, within the framework of the basic elements and principles of the Egyptian society as stipulated in the Constitution. Political parties are regulated by law.

Citizens have the right to establish political parties according to the law and no political activity shall be exercised nor political parties established on a religious referential authority, on a religious basis or on discrimination on grounds of gender or origin.

Article 6

Egyptian nationality is defined by the law.

 

  Article 8

The State shall guarantee equality of opportunity to all citizens.

Article 9

The family is the basis of the society and is founded on religion, morality and patriotism. The State is keen to preserve the genuine character of the Egyptian family-together with the values and traditions it embodies-while affirming and developing this character in the relations within the Egyptian society.

Article 10

The State shall guarantee the protection of motherhood and childhood, take care of children and youth and provide suitable conditions for the development of their talents.

Article 11

The State shall guarantee harmonization between the duties of woman towards the family and her work in the society, ensuring her equality status with man in fields of political, social, cultural and economic life without violation of the rules of Islamic jurisprudence.

Article 12

Society shall be committed to safeguarding and protecting morals, promoting genuine Egyptian traditions. It shall give due consideration, within the limits of law, to high standards of religious education, moral and national values, historical heritage of the people, scientific facts and public morality.

The State is committed to abiding by these principles and promoting them.

Article 13

Work is a right, a duty and an honour guaranteed by the State.

Excellent-performing workers are subject of appreciation by the State and the society. No work shall be enforced on the citizens, except by virtue of law and for the performance of a public service and in return for a fair remuneration.

Article 14

Public offices are the right of all citizens and an assignment for their incumbents in the service of the people.

The State guarantees for incumbents protection and performance of their duties in promoting the interests of the people.

They may not be dismissed by other than disciplinary action, save for cases specified by the law.

Article 15

War veterans, those injured in or because of war and wives and children of martyrs killed in action shall have priority in work opportunities according to the law.

Article 16

The State shall guarantee cultural, social and health services, and work to ensure them particularly for villages in an easy and regular manner in order to raise their standard.

Article 17

The State- shall guarantee social and health insurance services and all citizens have the right in accordance with the law to pension in cases of incapacity, unemployment and old age.

Article 18

Education is a right guaranteed by the State. It is obligatory in the primary stage and the State shall work to extend obligation to other stages.

The State shall supervise all branches of education and shall guarantee the independence of universities and scientific research centers, with a view to linking all this with society and production requirements.

Article 19

Religious education shall be a principal topic of general education curricula.

Article 20

 

 Article 21

Combating illiteracy shall be a national duty for which all the people’s energies should be mobilized.

Article 22

The institution of civil titles shall be prohibited.

 

Article 23 

National economy shall be organised in accordance with a comprehensive development plan, which ensures increase of national income, fair distribution, enhancement of standard of living, elimination of unemployment, increase of work opportunities, correlation of wages with production, guarantee of minimum and maximum wages limits in such a way as to bridge income.

Article 24

The State shall sponsor national production and shall work for realizing social and economic development.

Article 25

Every citizen shall have a share in national revenue to be defined by the law in consideration for his work or his unexploitative ownership.

Article 26

Workers shall have a share of management and profits of enterprises. They are committed to the development of production and the implementation of the plan in their production units, in accordance with the law. Protecting the means of production is a national duty.

Workers shall be represented on the boards of directors of the public sector units by at least 50% of the number of members of these boards. The law shall guarantee for small farmers and small craftsmen 80% of the membership on the boards of directors of the agricultural co-operatives and industrial cooperatives.

Article 27

Beneficiaries shall participate in the management of service enterprises of public interest and their supervision in accordance with the law.

Article 28

The State shall look after co-operative establishments of all forms and encourage handicrafts with a view to developing production and income levels.

The State shall endeavor to reinforce agricultural cooperatives according to modern scientific bases.

Article 29

Ownership shall be under the supervision of the people and the protection of the State. There are three kinds of ownership: public, cooperative and private.

Article 30

Public ownership is the ownership of the people as represented in the ownership of the State and public legal persons.

Article 31

Co-operative ownership is the ownership of the co-operative societies. The law guarantees its protection and self-management.

Article 32

Private ownership shall be represented by the unexploitative capital. The law organises the performance of its social function in the service of national economy within the framework of the development plan without deviation or exploitation. It may not be in conflict, in ways of its use, with the general welfare of the people.

Article 33

Public ownership shall have its sanctity, and its protection and reinforcement are the duty of every citizen in accordance with the law.

Article 34

Private ownership shall be safeguarded and may not be put under sequestration except in the cases specified in the law and under a court judgment. It may not be expropriated save for the public benefit and against a fair compensation in accordance with the law. The right of inheritance to it is guaranteed.

Article 35

Nationalisation shall not be allowed except for considerations of the public interest, in accordance with a law and against compensation.

Article 36

Public sequestration of property shall be prohibited. Private sequestration shall not be allowed except under a count judgment.

Article 37

The law shall determine the maximum limit of agricultural ownership and shall guarantee protection for peasants and agricultural workers against exploitation.

Article 38

The tax system shall be based on social justice.

Article 39

Saving is a national duty protected, encouraged and organised by the State.

PART THREE: PUBLIC FREEDOMS, RIGHTS AND DUTIES

Article 40

All citizens are equal before the law.

They have equal public rights and duties without discrimination on grounds of race, ethnic origin, language, religion or creed.

Article 41

Individual freedom is a natural right and safeguarded and inviolable. Save for the case of being caught red-handed, no person may be arrested, inspected, detained or his freedom restricted or prevented from free movement except under an order necessitated by investigations and preservation of the security of the society.

Such order shall be given by the competent judge or the Public Prosecution in accordance with the provisions of the law.

The law shall determine the period of custody.

Article 42

Any person arrested, detained or his freedom restricted shall be treated in such a manner that preserves his human dignity.

No physical or moral harm shall be inflicted upon him.

He may not be detained or imprisoned in places other than those defined by laws regulating prisons.

Any statement proved to have been made by a person under any of the aforementioned forms of duress or coercion or under the threat thereof, shall be considered invalid and futile.

Article 43

No person may be subjected to any medical or scientific experiment without his free consent.

Article 44

Homes shall have their own sanctity and they may not be entered or inspected except by a causal judicial warrant prescribed by the law.

Article 45

The law shall protect the inviolability of the private life of citizens.

Correspondence, wires, telephone calls and other means of communication shall have their own sanctity and secrecy and may not be confiscated or monitored except by a causal judicial warrant and for a definite period according to the provisions of the law.

Article 46

The State shall guarantee the freedom of belief and the freedom of practice of religious rites.

Article 47

Freedom of opinion is guaranteed.

Every individual has the right to express his opinion and to disseminate it verbally, in writing, illustration or by other means within the limits of the law. Self-criticism and constructive criticism is a guarantee for the safety of the national structure.

Article 48

Freedom of the press, printing, publication and mass media shall be guaranteed. Censorship on newspapers is forbidden. Warning, suspension or abolition of newspapers by administrative means are prohibited. However, in case of declared state of emergency or in time of war, limited censorship may be imposed on newspapers, publications and mass media in matters related to public safety or for purposes of national security in accordance with the law.

Article 49

The State shall guarantee the freedom of scientific research and literary, artistic and cultural creativity and provide necessary encouraging means for its realisation.

Article 50

No citizen may be reside in place nor forced to reside in a particular place, except in the cases defined by the law.

Article 51

No citizen may be deported from or prevented from returning to the country.

Article 52

Citizens shall have the right to permanent or temporary immigration. The law shall regulate this right and the measures and conditions for immigration and leaving the country.

Article 53

The right to political asylum shall be granted by the State for every foreigner persecuted for defending the peoples’ interests, human rights, peace or justice. Extradition of political refugees is prohibited.

Article 54

Citizens shall have the right to peaceable and unarmed private assembly, without the need for prior notice.

Security men shall not attend such private meetings.

Public meetings, processions and gatherings are allowed within the limits of the law.

Article 55

Citizens shall have the right to association as defined in the law.

It is prohibited to establish societies whose activities are hostile to the social system, clandestine or have a military character is prohibited.

Article 56

The establishment of syndicates and unions on a democratic basis is a right guaranteed by law, and shall be deemed legal persons.

The law shall regulate the participation of syndicates and unions in implementing social programs and plans, raising the standard of productivity among their members, and safeguarding their assets.

Article 57

Any encroachment upon individual freedom or the inviolability of private life of citizens and any other public rights and freedoms guaranteed by the Constitution and the law shall be considered a crime, for which criminal and civil lawsuit shall not be forfeited by prescription.

The State shall grant a fair compensation to the victim of such encroachment.

Article 58

Defense of the motherland and its soil is a sacred duty, and conscription is obligatory in accordance with the law.

Article 59

Environmental protection is a national duty and the law shall regulate measures necessary to maintain good environment.

Article 60

Protection of national unity and maintenance of State secrets is the duty of every citizen.

Article 61

Payment of taxes and public charges is a duty, in accordance with the law.

Article 62

Citizens shall have the right to vote and express their opinions in referendums according to the provisions of the law. Their participation in public life is a national duty. The law shall regulate the right of candidacy to the People’s Assembly and the Shura Council according to the electoral system it specifies. The law may adopt a system that combines between the individual and the party- list systems at such ratio as may be specified by the law. Such system may also include a minimum limit for the women’s participation in both councils.

Article 63

Every individual has the right to address public authorities in writing and under his own signature.

Addressing public authorities should not be in the name of groups, with the exception of statutory bodies and juridical persons.

PART FOUR: SOVEREIGNTY OF LAW

Article 64

Sovereignty of the law shall be the basis of rule in the State.

Article 65

The State shall be subject to law.

The independence and immunity of the judiciary are two basic guarantees to safeguard rights and freedoms.

Article 66

Penalty shall be personalized.

There shall be no crime or penalty except by virtue of the law.

No penalty shall be inflicted except by a judicial sentence.

Penalty shall be inflicted only for acts committed subsequent to the promulgation of the law prescribing it.

Article 67

A defendant is innocent until proved guilty in legal trial, in which he is granted the right to defend himself.

Every person accused of a crime shall be provided with counsel for his defense.

Article 68

The right to litigation is inalienable and guaranteed for all, and every citizen has the right to have access to his natural judge.

The State shall guarantee accessibility of judicature for litigants, and rapid decision on cases. Any provision in the law stipulating immunity of any act or administrative decision from the control of the judicature is prohibited.

Article 69

The right of defense in person or by proxy is guaranteed.

The Law shall secure, for financially incapable citizens, means to resort to justice and to defend their rights.

Article 70

No criminal action shall be made except under an order from a judiciary body, save for cases defined by the law.

Article 71

Any person arrested or detained should be informed forthwith of the reasons for his arrest or detention.

He shall have the right to communicate, with whoever he deems fit to inform, and ask for his help in the manner regulated by the law.

He shall be promptly faced with the charges levelled against him. Any person may lodge an appeal to the courts against any measure taken to restrict his individual freedom.

The law shall regulate the right of appeal in a manner ensuring decision within a definite period; otherwise release is imperative.

Article 72

Sentences shall be issued and enforced in the name of the people.

Likewise, abstention from or obstruction of enforcing such sentences on the part of the concerned civil servants is considered a crime punishable by law.

In such case, a person issued a sentence in his favour of, shall have the right to lodge a direct criminal action before the competent court.

PART FIVE: SYSTEM OF GOVERNMENT

Chapter I: The Head of State

Article 73

The Head of State is the President of the Republic. He shall ensure sovereignty of the people, respect for the Constitution and rule of law, protection of national unity and the social justice and shall tend to the boundaries between authorities in such way as to ensure that each shall perform its role in national action.

Article 74

Should there emerge an instant and brave risk that threatens national unity or safety of the motherland or obstructs the performance by State institutions of their constitutional role, the President shall take urgent measures to confront such risk after soliciting the opinion of the Prime Minister and the Speakers of the People’s Assembly and the Shura Council and deliver a statement to the people. A referendum on these measures taken thereby shall be conducted within sixty days of the date of adopting such measures. The People’s Assembly and the Shura Council may not be dissolved during the time of exercising these authorities.

Article 75

The person to be elected President of the Republic should be an Egyptian citizen born to Egyptian parents and should enjoy civil and political rights.

His age must not be less than 40 Gregorian years.

Article 76

The President shall be elected by direct, public, secret ballot. For an applicant to be accepted as a candidate to presidency, he shall be supported by at least 250 elected members of the People’s Assembly, the Shura Council and local popular councils on governorate level, provided that those shall include at least 65 members of the People’s Assembly, 25 of the Shura Council and ten of every local council in at least 14 governorates.

The number of members of the People’s Assembly, the Shura Council and local popular councils on governorate level supporting candidature shall be raised in pro rata to any increase in the number of any of these councils. In all cases, support may not be given to more than one candidate.

Procedures related to this process shall be regulated by the law.

Political parties, founded at least five consecutive years before the starting date of candidature and have been operating uninterruptedly for this period, and whose members have obtained at least 3% of the elected members of both the People’s Assembly and the Shura Council in the latest election or an equivalent percentage of such total in one of the two assemblies, may each nominate for presidency a member of their respective higher board, according to their own by-laws, provided he has been a member of such board for at least one consecutive year. As an exception to the provisions of the afore-mentioned paragraph, the afore-mentioned political parties whose members obtained at least one seat in any of the People’s Assembly or the Shura Council in the latest election may nominate in any presidential elections to be held within ten years starting from May 1, 2007, any member of its higher board, according to their own by-laws, provided he has been a member of such board for at least one consecutive year.

Candidature applications shall be submitted to an independent committee, named the Presidential Election Committee. The committee shall be composed of the head of the Supreme Constitutional Court as a chairman and the head of the Cairo Court of Appeal, the most senior deputy of the head of the Supreme Constitutional Court, the most senior deputy of the head of the Court of Cassation, the most senior deputy of the State Council and five public figures, recognized for impartiality. Three of the fore-mentioned public figures shall be selected by the People’s Assembly and the other two by the Shura Council upon a recommendation of the bureaus of both houses for a period of five years.

The law shall determine who will act on behalf of the chairman or any member of the committee, should there be some reason for their absence.

This committee shall exclusively have the following competences:

1- to declare the initiation of candidature and supervise procedures for declaring the final list of candidates;

2- to generally supervise balloting and vote-counting procedures;

3- to announce elections results;

4- to decide on all appeals, challenges and all matters related to its competences, including conflict of jurisdiction;

5- to draw up by-laws regulating its modus operandi and method of practicing its competences.

The committee’s resolutions shall be passed with a majority of at least seven members. Its resolutions shall be final, self-enforcing and incontestable by any means or before any authority whatsoever.

Its resolutions may not be challenged through construing or stay of execution. The law regulating presidential elections shall determine other competences for the committee. The law shall also determine regulating rules governing the nomination of a candidate to replace another one who has vacated his seat for some reasons other than assignment within the period between the starting date of candidature and before the termination of voting.

Voting shall be conducted in one single day. The Presidential Election Committee shall establish committees to administer stages of the voting and ballot-counting process. The committee shall establish main committees to be composed of members of the judiciary to supervise the process in accordance with such rules and regulations as may be decided by the committee.

Election of the president shall be declared when candidates have obtained an absolute majority of the number of valid votes.

In the event that none of the candidates has obtained such majority, election shall be repeated, at least after seven days, between the two candidates who have obtained the largest number of votes. Should another candidate obtain a number of valid votes equal to those of the second, he shall take part in the re-election. In this case, the candidate who has obtained the largest number of votes will be declared winner.

Voting for electing the president shall be effected, even though one single candidate has applied or even if he was the only candidate remaining due to assignment of the rest of candidates or due to failure to field another candidate in lieu of the one vacating his seat. In this case, the candidate who has obtained the absolute majority of the number of valid votes shall be declared winner. The law shall regulate procedures to be followed in the event the candidate has failed to obtain this majority.

The President shall submit the draft law regulating the presidential election to the Supreme Constitutional Court following endorsement by the People’s Assembly and before promulgation, to determine compliance with the Constitution. The Court shall return its ruling in this connection within fifteen days from date of submission thereto. Should the court decide that one or more provisions of the draft law are unconstitutional, the President shall return it to the People’s Assembly to put this ruling into effect. In all cases, the court’s ruling shall be binding to all parties and all state authorities. The law shall be published in the Official Gazette within three days from date of issuance.

Article 77

The term of the Presidency is six Gregorian years starting from the date of the announcement of the result of referendum.

The President of the Republic may be re-elected for other successive terms.

Article 78

Procedures for the choice of a new President of the Republic shall begin sixty days before the expiration of the term of the President in office.

The new President shall be selected at least one week before the expiration of the term. Should the election of the new president be announced before the end of the term of his predecessor, his presidential term shall start from the second day following the end of such a term. Should this term expire without the choice of the new President being made for any reason whatsoever, the former President shall continue to exercise his functions until his successor has been elected.

Article 79

Before exercising his powers, the President shall take the following oath before the People’s Assembly.

"I swear by Almighty Allah to uphold the republican system with loyality, to respect the Constitution and the law, to look after the interests of the people fully and to safeguard the independence and territorial integrity of the motherland".

Article 80

The salary of the President of the Republic shall be fixed by law. Any amendment to the salary shall not come into force during the Presidential term in which it is decided upon. The President of the Republic may not receive any other salary or remuneration.

Article 81

During his term, the President of the Republic may not exercise any self-employed profession or undertake any commercial, financial or industrial business. Nor may he acquire or take on lease any State property, sell to or exchange with the State any property of his whatsoever.

Article 82

If on account of any temporary obstacle, the President is rendered unable to carry out his functions, he shall delegate his powers to the vice-president or the Prime Minister if there is no vice-president or, if available, he is unable to act in such capacity. The one who shall act on behalf of the President may not request any amendment to the Constitution or dissolve the People’s Assembly or the Shura Council or to relieve the cabinet.

Article 83

In case of resignation, the President shall address the letter of resignation to the People’s Assembly.

Article 84

In case vacancy of the Presidential office or the permanent disability of the President of the Republic, the Speaker of the People’s Assembly shall temporarily assume the Presidency; and, if at that time, the People’s Assembly is already dissolved, the President of the Supreme Constitutional Court shall take over the Presidency, provided, however, that neither shall nominate himself for the Presidency, subject to abidance by the ban stipulated in paragraph 2 of Article 82.

The People’s Assembly shall then proclaim the vacancy of the office of President. The President of the Republic shall be chosen within a maximum period of sixty days from the day the Presidential office becomes vacant.

Article 85

The President shall cease to exercise his function as soon as an impeachment decision has been issued. The vice-president or, if there is no vice-president or, if available, he is unable to act in such capacity, the Prime Minister shall temporarily assume the Presidency, until a decision has been made on the impeachment, subject to abidance by the ban stipulated in paragraph 2 of Article 82 the ban stipulated in paragraph 2 of Article 82 . The President of the Republic shall be tried before an ad-hoc court, the composition, prosecution procedure and penalty of which shall be regulated by the law. Should he be convicted, the president shall be relieved of his post, without prejudice to other penalties.

Chapter II: The Legislature

Article 86

The People’s Assembly shall exercise the legislative power and approve the overall policy of the State, the public plan of economic and social development and the overall budget of the State. It shall exercise control over the work of the executive authority in the manner prescribed by the Constitution.

Article 87

The law shall determine the constituencies into which the State shall be divided and the number of elected members of the People’s Assembly must be at least 350 persons, of whom at least one half shall be workers and peasants elected by direct secret public balloting. The definition of worker and peasant shall be provided by law. The President of the Republic may appoint a number of members not exceeding ten.

Article 88

The conditions to be satisfied by members of the People’s Assembly and provisions for election and referendum shall be defined by law.

Balloting shall be conducted on one single day. An independent and impartial higher committee shall supervise elections in the manner regulated by the law. The law shall set out the functions, method of formation and guarantees for the committee, which shall have among its members current and former members of judicial bodies. This committee shall form general committees to supervise elections in constituencies as well as committees to administer the balloting process and vote tallying and sorting committees. The general committees shall be composed of members of judicial bodies and vote tallying and sorting shall be made under the supervision of the general committees in accordance with the rules and procedures stipulated by the law.

Article 89

Employees of the State and of the public sector may run for membership in the People’s Assembly.

The member of the People’s Assembly shall devote himself on a full time basis to membership of the Assembly except in cases specified by the law.

His post or work shall be held over for him in accordance with the provisions of the law.

Article 90

The member of the People’s Assembly shall take the following oath before the Assembly before entering upon his duties:

"I swear by Allah Almighty, to preserve the safety of the nation and the Republican regime, attend to the interests of the people and shall respect the Constitution and the law".

Article 91

Members of the People’s Assembly shall receive a remuneration determined by the law.

Article 92

The duration of the People’s Assembly term is five Gregorian years from the date of its first meeting.

Elections for renewal of the Assembly shall take place within the sixty days preceding the termination of the term.

Article 93

The People’s Assembly shall be the only authority competent to decide upon the validity of membership of its members.

The Court of Cassation shall be competent to scrutinize the validity of challenges submitted to the Assembly, upon referral thereto it by the Speaker of the Assembly.

Challenges shall be referred to the Court of Cassation within fifteen days from the date of coming to the knowledge of the Assembly. Scrutiny shall be completed within ninety days from the date of referral of challenge to the Court of Cassation.

The result of the scrutiny and the decision reached by the Court shall be submitted to the Assembly to decide upon the validity of the challenge within sixty days from the date of submission of the result of scrutiny to the Assembly.

Membership shall be deemed invalid only upon a decision taken by a majority of two-thirds of the Assembly members.

Article 94

If the seat of a member becomes vacant before the end of his term, the vacant position shall be filled in accordance with the law within sixty days from the date of notification to the Assembly of the occurrence of vacancy. The term of the new member shall be complementary to that of his predecessor.

Article 95

No member of the People’s Assembly shall, during his tenure, purchase or rent any State property; lease or sell to or barter with the State any part of his property, or conclude a contract with the State in his capacity as vendor, supplier or contractor.

Article 96

Membership of the People’s Assembly may not be revoked only if he has lost confidence, consideration, any of the membership requirement or his status as a worker or peasant based on which he was elected or if he has violated the duties of his membership.

Decision on revoking membership shall be issued by a majority of two-thirds of the Assembly members.

Article 97

The People’s Assembly alone may accept the resignation of its members.

Article 98

Members of the People’s Assembly shall not be held to account for any opinions or thoughts expressed by them during the performance of their tasks in the Assembly or its committees.

Article 99

Excluding case of being caught red-handed in a crime, no member of the People’s Assembly may be subject to criminal procedures without prior permission by the Assembly. If the Assembly is not in session, permission by the Speaker of the Assembly shall be taken. The Assembly shall be notified of the measures taken in its first subsequent session.

Article 100

The seat of the People’s Assembly shall be Cairo.

However, in exceptional circumstances, at the request of the President of the Republic or the majority of the Assembly members it may meet another city.

Any meeting of the Assembly in other than its designated seat shall be deemed illegitimate and the resolutions passed therein shall be considered invalid.

Article 101

The President of the Republic shall convoke the People’s Assembly for its ordinary annual session before the second Thursday of November.

If not convoked, the Assembly shall meet, by virtue of the Constitution, on the said day. The ordinary meeting session shall continue for at least seven months.

Article 102

The President of the Republic may call the People’s Assembly to an extraordinary meeting, in case of necessity, or upon a request signed by a majority of the Assembly members. The President of the Republic shall announce the dismissal of the extraordinary meeting.

Article 103

The People’s Assembly shall elect, in the first meeting of its ordinary annual session, a speaker and two deputy speakers for the term of the session.

If the seat of either becomes vacant, the Assembly shall elect a replacement, whose term will last until the end of his predecessor’s.

Article 104

The People’s Assembly shall lay down its own by-laws regulating its manner of practicing its functions.

Article 105

The People’s Assembly shall exclusively keep order inside it.

The President of the Assembly shall be entrusted with this task.

 

Article 106

The meetings of the People’s Assembly shall be in public.

However, a meeting in camera may be held at the request of the President of the Republic, the Prime Minister, or at least twenty of its members.

The Assembly shall then decide whether the debate on the question submitted thereto shall take place in a public meeting or in a meeting in camera.

Article 107

The meeting of the Assembly shall be not considered valid unless attended by the majority of its members.

In cases other than those requiring a majority, the Assembly shall adopt its resolution by an absolute majority of the members present.

Voting on draft laws shall be made on an article-by-article basis.

In case of a tie vote, the question on which the debate had taken place shall be rejected.

Article 108

The President of the Republic shall have the right, in case of necessity and under exceptional circumstances and, based on the authorization of the People’s Assembly upon the approval of a majority of two thirds of its members, to issue resolutions having the force of law. The authorization shall be made for a limited period of time and shall define subjects of resolutions and the grounds upon which they are based.

The resolutions shall be submitted to the People’s Assembly in the first meeting after the end of the authorization period.

If they are not submitted or if submitted but not approved by the Assembly, they shall cease to have the force of law.

Article 109

The President of the Republic and every member of the People’s Assembly shall have the right to propose laws.

Article 110

Every draft law shall be referred to a committee of the Assembly which shall study and submit a report concerning it.

Draft laws presented by members of the People’s Assembly shall not be referred to that committee unless first referred to a special committee which will study and give an opinion on the admissibility of their consideration by the Assembly and after the Assembly has decided to consider them.

Article 111

A draft law proposed by a member but rejected by the Assembly may not be presented again in the course of the same session.

Article 112

The President of the Republic shall have the right to promulgate or veto laws.

Article 113

Should the President of the Republic veto a draft law ratified by the People’s Assembly, he shall refer it back to the Assembly within thirty days from notification thereto by the Assembly.

If the draft law is not referred back within this period, it shall be considered a law and shall be promulgated.

If it is referred back to the Assembly on the said date and approved once again by a majority of two- thirds of the members, it shall be considered a law and shall be promulgated.

Article 114

The People’s Assembly shall approve the public economic and social development plan. The manner of the preparation of the plan and of its submission to the people’s Assembly shall be determined by the law.

Article 115

The draft public budget shall be submitted to the People’s Assembly at least three months before the beginning of the fiscal year. It shall not be considered in effect unless approved thereby. The draft budget shall be put to vote on a chapter-by-chapter basis. The People’s Assembly may modify the expenditures contained in the draft budget, excluding those proposed to honour a specific liability on the State. Should the modification result in an increase in total expenditure, the People’s Assembly shall agree with the government on means to secure resources of revenues so as to re-balance between revenues and expenditures. The budget shall be issued by a law, which may include modification in any existing law to the extent necessary to realize such balance. If the new budget is not be approved before the beginning of the new fiscal year, the earlier budget shall remain in effect until the new budget has been approved.

The law shall define the method of budget preparation as well as the fiscal year.

Article 116

The approval of the People’s Assembly shall be considered necessary for the transfer of any funds from one chapter of the budget to another, as well as for any expenditure not included therein or in excess of its estimates, and this shall be issued by a law.

Article 117

The provisions regulating the budgets and accounts of public enterprises and authorities shall be prescribed by law.

Article 118

The final account of the State budget shall be submitted to the People’s Assembly within a period not exceeding six months from the end of the fiscal year.

It shall be put to vote on a chapter-by-chapter basis and shall be issued by a law.

The annual report of the Central Auditing Authority and its observations shall be submitted to the People’s Assembly. The Assembly has the right to request the Central Auditing Organization for any data or other pertinent reports.

Article 119

The imposition, modification or abolition of public taxes cannot be effected except in the cases decreed by law.

No one may be exempted from their payment except in the cases specified by the law.

No one may be required to pay additional taxes or imposts except in the cases specified by law.

Article l20

The basic rules for collection of public funds and the procedure for their disbursement shall be regulated by the law.

Article l21

The Executive Authority shall not contract a loan or commit itself to a project entailing expenditure of funds from the State Treasury in the course of a subsequent period, unless approved by the People’s Assembly.

Article 122

The law shall determine rules governing the granting of salaries, pensions, indemnities, subside and bonuses from the State Treasury. It shall also regulate cases for exception from such rules, and the authorities in charge of application.

Article 123

The law shall determine rules and procedures for granting concessions relating to the exploitation of the natural wealth resources and public utilities. It shall define cases for disposal, free of charge, of state-owned real estate properties or the assignment of moveable properties of the State as well as the rules and procedures relating thereto.

Article 124

Every member of the People’s Assembly shall be entitled to address questions to the Prime Minister or any of his deputies or the ministers or their deputies concerning matters within their respective jurisdiction.

The Prime Minister, his deputies, the ministers and persons delegated by them shall answer the questions put to them by members.

The member may withdraw his question at any time and this same question may not be transformed into an interpellation in the same session.

Article 125

Every member of the People’s Assembly shall be entitled to address interpellations to the Prime Minister or his deputies or the Ministers or their deputies concerning matters within their respective jurisdiction.

Debate on an interpellation shall take place at least seven days after its submission, except in the cases of urgency as decided by the Assembly and with the government’s consent.

Article 126

The Ministers shall be responsible collectively for the general policy of the State before the People’s Assembly; also every Minister shall be responsible for the acts of his Ministry.

The People’s Assembly may decide to withdraw its confidence from any of the Prime Minister’s deputies or from many of the Ministers or their deputies.

A motion of no confidence shall not be submitted except after an interpellation.

Such a motion should be proposed by one-tenth of the Assembly’s members.

The Assembly should not decide on such a motion until after at least three days from the date of its presentation.

Withdrawal of confidence shall be made by the majority of the members of the Assembly.

Article 127

The People’s Assembly may, at the request one- tenth of its members, hold the Prime Minister accountable. Such a decision should be taken by the majority of members of the Assembly. It may be taken only subject to an interpellation addressed to the government, and after at least three days from the date of its presentation.

If such accountability is determined, the Assembly shall submit a report to the President, including the elements of the subject, the conclusions reached on the matter and the underlying reasons.

The President may accept the resignation of the government or return such a report to the Assembly within ten days. Should the Assembly, by a majority of two thirds of its members, once again endorse its decision, the President shall accept the resignation of the government. If the Assembly rejects a proposal for holding the Prime Minister accountable, withdrawal of confidence may not be further requested in a matter that had been decided upon by the Assembly in the same session.

Article 128

If the Assembly withdraws confidence from any of the Prim Minister’s deputies or of the Ministers or of their deputies, they shall resign their office. The Prime Minister shall submit his resignation to the President of the Republic if he is found accountable before the People’s Assembly.

Article 129

Any twenty members, at least, of the People’s Assembly may ask for the discussion of a public question to obtain clarification on the government’s policy regarding such a question.

Article 130

The members of the People’s Assembly shall be entitled to express their interest in public questions before the Prime Minister or any of his deputies or of the Ministers.

Article 131

The People’s Assembly shall form an ad hoc committee or entrust any of its committees with the scrutiny of the activities of any of administrative department or the public corporation or any administrative or executive organ or any public enterprise, for the purpose of finding facts and informing the Assembly as to the actual financial or administrative or economic position or for conducting investigations into a subject related to one of the said activities. In the course of its work, such a committee shall be entitled to collect whatever evidence it deems necessary and to summon whom it deems necessary to them. All executive and administrative bodies shall respond to demands by the committee and put under its disposal all the documents and evidence it asks for this purpose.

Article 132

At the inaugural meeting of the ordinary session of the People’s Assembly, the President of the Republic shall give a statement of the general policy of the State. He shall also give other statements before the Assembly. The Assembly is entitled to discuss the statement of the President of the Republic.

Article 133

The Prime Minister shall submit to the People’s Assembly his cabinet programme within sixty days of the date of its formation or in its First meeting should it not be in session. If the Assembly does approve this programme by the majority of its members, the President may accept the resignation of the cabinet. Should the Assembly not approve the program of the new cabinet, the President of the Republic may dissolve the Assembly or accept the resignation of the Cabinet. The Prime Minister and the ministers and other members of the government may deliver statements before the People’s Assembly or any of its committees as regards a subject matter within its competency. The Assembly or the committee shall discuss this statement and express any remarks regarding it.

Article 134

The Prime Minister, his deputies, the Ministers and their deputies may become members of the People’s Assembly. Those who are not members may attend the sessions and committees of the Assembly.

Article 135

The Prime Minister and Ministers shall be heard in the People’s Assembly and its committees whenever they request to speak.

They may be assisted by high-ranking officials.

A Minister shall have no counted vote when votes are taken, unless he is a member.

Article 136

The President of the Republic may not dissolve the People’s Assembly unless it is necessary.

Should the Assembly be dissolved over a certain matter, the new Assembly may not be dissolved on the same matter.

The decision shall include a call to voters for new elections of the People’s Assembly latest within sixty days from the date of issuing the decision of dissolution. The new Assembly shall convene within the ten days following the completion of elections.

Chapter III: The Executive

The President of the Republic

Article 137

The President of the Republic shall assume executive power and shall exercise it in the manner stipulated in the Constitution.

Article 138

The President of the Republic, in conjunction with the government, shall lay down the general policy of the State and supervise its implementation in the manner prescribed in the Constitution.

The President of the Republic shall exercise the competencies stipulated in Articles 144, 145, 146, 147 subject to approval by the Cabinet and the competencies stipulated in articles 108, 148, 151 (second paragraph) after taking its opinion.

Article 139

The President may appoint one or more vice-presidents, define their mandates and relieve them of their posts.

The rules relating to the calling into account of the President of the Republic shall be applicable to vice-presidents.

Article 140

Before exercising his functions, the Vice-President shall take the following oath before the President of the Republic:

"I swear by Almighty Allah to uphold the Republican system with loyalty, to respect the Constitution and the law, to look after the interests of the people fully and to safeguard the independence and territorial integrity of the motherland".

Article 141

The President shall appoint and remove from office the Prime Minister. Appointment and removal from office of deputy-prime ministers, ministers and deputy-ministers and relieving them of their posts shall be made by a presidential decree subject to consultation with the Prime Minister.

Article 142

The President of the Republic shall have the right to call a meeting of the Council of Ministers and to attend its meeting.

He shall also preside over the meetings he attends.

He shall be entitled to demand reports from the Ministers.

Article 143

The President of the Republic shall appoint civil and military officials and diplomatic representatives, and dismiss them in the manner prescribed by the law.

He shall also accredit the diplomatic representatives of foreign states.

Article 144

The President of the Republic shall issue necessary regulations for the enforcement of laws, in such a manner that would not involve any modification, disruption, or exemption from enforcement.

He shall have the right to vest others with authority to issue them. The law may designate whoever issues decisions the necessary for implementation.

Article 145

The President of the Republic shall issue regulations of discipline.

 Article 146

The President of Republic shall issue the decisions necessary for the creation and organization of public services and interests.

Article 147

In case it becomes necessary, when the People’s Assembly is not in session, to take undelayable measures, the President of the Republic shall issue decrees in their respect, which shall have the force of law.

Such decisions shall be submitted to the People’s Assembly within fifteen days from their date of issuance if the Assembly is standing.

In case of dissolution or suspension of the Assembly, they shall be submitted at its first meeting.

Should they not be submitted, decrees having the force of laws shall retroactively cease to have legal effect without need to issue a resolution in this respect.

Should they be submitted but not ratified they shall retroactively cease to have legal effect, unless the Assembly has considered them as valid and effective for the preceding period or has otherwise resolved their resulting effects.

Article 148

The President of the Republic shall proclaim a state of emergency in the manner prescribed by the law.

Such proclamation must be submitted to the People’s Assembly within the following fifteen days so that the Assembly may take a decision thereon. In case of the dissolution of the People’s Assembly, the matter shall be submitted to the new Assembly at its first meeting.

In all cases, the proclamation of the state of emergency shall be for a limited period, which may not be extended unless by approval of the Assembly.

Article 149

The President of Republic shall have the right of to grant amnesty or commute a sentence. As for universal amnesty, it shall be granted only by virtue of a law.

Article 150

The President of Republic shall be the Supreme Commander of the Armed Forces. He shall be the authority to declare war, subject to approval by the People’s Assembly.

Article 151

The President of Republic shall conclude treaties and communicate them to the People’s Assembly, accompanied with a suitable clarification.

They shall have the force of law upon being concluded, ratified and published according to established procedure.

However, peace treaties, alliance pacts, commercial and maritime and all treaties resulting on modifications in the State territory, related to sovereignty rights, or change State Treasury with certain charges nor provided for in the budget, shall require approval by the People’s Assembly.

Article 152

The President of the Republic may call the people for referendum on important matters affecting the supreme interests of the country.

Section II: The Government

Article 153

The government shall be the supreme executive and administrative authority of the State. It shall consist of the Prime Minister, his deputies, the Ministers and their deputies. The Prime Minister shall supervise the work of the government.

Article 154

An appointed Minister or deputy-Minister should be an Egyptian, not less than 35 Gregorian years of age, and should enjoy full civil and political rights.

Article 155

Before exercising the functions of their posts, the members of the Cabinet shall take the following oath before the President of the Republic:

"I swear by Almighty Allah to uphold the Republican system with loyalty, to respect the Constitution and the law, to look after the interests of the people fully, and to safeguard the independence and territorial integrity of the motherland".

Article 156

The Cabinet shall exercise the following functions in particular:

a) Lay down the public policy of the State, control its implementation in collaboration with the President of the Republic in accordance with laws and Presidential decrees.

b) Direct, coordinate and follow up the works of the ministries, their affiliated organs, and the public organizations and corporations.

c) Issue administrative and executive decisions in accordance with the laws and decrees, and supervise their implementation.

d) Prepare the draft laws and decrees.

e) Prepare the draft general budget of the State.

f) Prepare the overall plan.

g) Contract and grant loans in accordance with the rules of the Constitution.

h) Supervise the implementation of laws, maintain State security and protect the rights of the citizens and the interests of the State.

Article 157

The Minister shall be the administrative supreme chief of his ministry. He shall draw up and implement his ministry’s policy in the framework of the State’s public policy.

 

Article 158

During the term of his office, the Minister shall not practice a self- employed or any commercial, financial or industrial enterprise, nor buy or rent any State property, or lease or sell to or barter with the State any of his own property.

Article 159

The President of the Republic and the People’s Assembly shall have the right to bring a minister to count for crimes committed thereby during the performance, or because of, the duties of his post.

The decision of the People’s Assembly to charge a minister shall be adopted upon a proposal submitted by at least one-fifth of its members.

Indictment shall be issued only by a majority of two- thirds of the members of the Assembly.

Article 160

Any minister indicted shall cease to function until his case has been decided. The termination of his services shall not preclude legal action being taken or pursued against him.

Trial of a minister, procedures and guarantees of trial and indictment shall be made in the manner prescribed by the law.

These rules shall apply to the deputy-Ministers.

 

The Arab Republic of Egypt shall be divided into administrative units that are considered as judicial persons, including governorates, cities and villages.

Other administrative units that are judicial persons may be established whenever required for public interest.

The law guarantees support for decentralization and regulates means of empowering administrative units, including the provision, promotion and good administration of local services and utilities.

Article 162

Local People’s Councils shall be gradually devolution, on the level of administrative units, by direct election, providing that at last half of their members shall be workers and peasants.

The law shall define for the gradual devolution of authority to them.

Heads and deputy-heads, of the Councils shall be selected from among their members by means of election.

Article 163

The law shall define method of formation, competencies, financial resources, guarantees for members, relations with the People’s Assembly and the government, and the role of the Local People’s Councils, in preparing and implementing the development plan and in controlling various activities.

 

 

 Specialized Councils shall be established on the national level to assist in laying down the public policy of the State in all fields of national endeavour.

These councils are to be affiliated to the President of the Republic.

A Presidential decree shall determine the formation and functions of each council.

Chapter IV: The Judiciary Authority

Article 165

The Judiciary Authority shall be independent.

It shall be exercised by courts of justice of different kinds and classes, which shall issue their judgments in accordance with the law.

Article 166

Judges shall be independent, subject to no other authority but the law.

No authority may intervene in cases or in justice affairs.

Article 167

The law shall determine judiciary authorities and their functions, organize the way of their formation, define conditions and procedures for the appointment and transfer of their members.

Article 168

Judges shall not be removed from office.

The law shall regulate disciplinary actions with regard to them.

Article 169

Sessions of courts shall be made in public, unless a court decides to hold them in camera, for considerations of public order or morality.

In all cases, judgments shall be pronounced in public sessions.

Article 170

The people shall contribute in administering justice, in accordance with the manner and the limits prescribed by the law.

Article 171

The law shall regulate the organization of the State Security Courts, and define their competencies and requirement to be satisfied by those who occupy the office judge in them.

Article 172

The State Council shall be an independent judiciary body and shall have the competence to decide in administrative disputes, and disciplinary actions.

The law shall determine its other competencies.

Article 173

Every judicial body shall administer its own affairs. A council, comprising chiefs of judicial bodies and chaired by the President, shall be formed to administer their common affairs. The law shall define its composition, competencies, and working modalities.

Chapter V: Supreme Constitutional Court

Article 174

The Supreme Constitutional Court shall be an independent, self-standing judiciary body, in the Arab Republic of Egypt, seated in Cairo.

Article 175

The Supreme Constitutional Court shall exclusively undertake the judicial control of the constitutionality of the laws and regulations, and shall undertake in the manner prescribed by the law the interpretation of legislative texts.

The law shall determine the other competencies of the court, and regulate the procedure to be followed before it.

Article 176

The law shall regulate the manner of the formation of the Supreme Constitutional Court, and define requirements to be satisfied by its members, rights and immunities.

Article 177

Members of the Supreme Constitutional Court shall not be removed from office.

The Court shall call to account its members, in the manner prescribed by the law.

Article 178

The judgment issued by the Supreme Constitutional Court in constitutional cases and its decisions on the interpretation of legislative texts, shall be published in the Official Gazette.

The law shall regulate the effects resulting from a decision on the unconstitutionality of a legislative text.

Chapter VI: Combating Terror

Article 179

The State shall seek to safeguard public security to counter dangers of terror. The law shall, under the supervision of the judiciary, regulate special provisions related to evidence and investigation procedures required to counter those dangers . The procedure stipulated in paragraph 1 of Articles 41 and 44 and paragraph 2 of Article 45 of the Constitution shall in no way preclude such conter-terror action.

The President may refer any terror crime to any judiciary body stipulated in the Constitution or the law.

Chapter VII: Armed Forces and the National Defense Council

Article 180

The State alone shall establish the Armed Forces which shall belong to the people. Their duty shall be to protect the country, its territorial integrity and security. No organization or group may establish military or para-military formations.

Article 181

Public mobilization shall be organized in accordance with the law.

Article 182

A council shall be established, the National Defense Council, to be presided by the President of the Republic, which shall undertake the examination of the matter pertaining to the methods of ensuring the safety and security of the country.

The law shall prescribe its other competences.

Article 183

The law shall regulate the military judiciary, and define their competences in the framework of the principles in the Constitution.

Chapter VIII: The Police

Article 184

Police Authority shall be a statutory civil body.

Its Supreme Chief shall be the President of the Republic.

The Police Authority shall perform its duty in service of the people, maintain peace and security for citizens, maintain order, public security and morality, and undertake the implementation of the duties imposed upon it by laws and regulations, in the manner prescribed by the law.

PART VI: General and Transitional Provisions

Article 185

The city of Cairo shall be the capital of the Arab Republic of Egypt.

Article 186

The law shall prescribe the national flag and the provisions relating thereto, as well as the State emblem and the provisions relating thereto.

Article 187

Provisions of the laws shall apply only from the date of their entry into force, and shall have no retroactive effect.

However, provisions to the contrary may be made, in other than criminal matters, with the approval of the majority of the members of the People’s Assembly.

Article 188

All laws shall be published in the Official Gazette within two weeks from the date of their issuance.

They shall be put in force after a month following the date of their publication unless another date is fixed for that.

Article 189

The President of the Republic, as well as the People’s Assembly, may request the amendment of one or more of the Constitution articles.

The articles to be revised and the reasons justifying such amendment shall be specified in the request for amendment.

In case the request emanates from the People’s Assembly, it should be signed by at least one third of the Assembly members.

In all cases, the Assembly shall discuss the amendment in principle, and the decision in this respect shall be taken by the majority of its members.

If the request is rejected, the amendment of the same particular articles may not be requested again before the expiration of one year from the date of such rejection.

If the People’s Assembly approves the principle of revision, the articles requested to be mended shall be discussed after two months from the date of the said approval.

If the modification is approved by two-thirds of the members of the Assembly, it shall be referred to the people for a plebiscite.

If the amendment is approved, it shall be considered in force from the date of the announcement of the result of the plebiscite.

Article 190

The term of the present President of the Republic shall be terminated at the end of six years from the date of announcing his election as President of the Arab Republic of Egypt.

Article 191

All the provisions of the laws and regulations prior to the proclamation of this Constitution shall remain valid and in force.

However, they may be repealed or amended in this Constitution.

Article 192

Wherever occurring in the Constitution with regard to the election of the President, the word "elections" shall replace the world "referendum".

Article 193

This Constitution shall be in force as from the date of announcing the approval of the people, in this respect, in the plebiscite.

PART SEVEN: New Rulings

Chapter I: The Shura Council 

Article 194

The Shura Council shall have the competence to make such studies and proposals as it may deem necessary promote national unity and social peace and to protect the basic constituents and supreme values of society, public rights, freedoms and duties.

Approval by the Councel shall be required for the following:

1- Proposals of amending one or more articles of the Constitution provided that the discussion and approval of amendment therein shall be subject to the provisions of Article 189. 2- Draft laws complementary to the Constitution stipulated in Articles 5, 6,48, 62, 76, 85, 87, 88, 89, 91, 160, 163, 167, 168, 170, 171, 172, 173, 175, 176, 177, 178, 179, 183, 196, 197, 198, 206, 207, 208, 209, 210 and 211 of the Constitution.

3- Treaties of peace and alliance and all treaties conducive to changes in State territory or related to sovereignty rights.

Should dispute arise between the People’s Assembly and the Shura Council over these subjects, the Speaker of the People’s Assembly shall submit the matter to a joint committee to be formed comprising the speakers of both councils and seven members of each council to be selected by its respective general committee in order to propose a text for provisions subject of dispute.

The final text agreed upon by the committee shall be reviewed by both assemblies. Should the text be disapproved by either council, the matter shall be submitted to both councils in a joint meeting under the chairmanship of the People’s Assembly Speaker to be held at the venue specified thereby and attended by at least the majority of members of both councils. If the committee does not reach a unified text, the two assemblies may, in their joint meeting, approve the text approved by either council.

Subject to the special majority as required by the Constitution, decision in each of both councils as well as in their joint meeting, shall be be made by the majority of members present. In all cases, voting shall be made without discussion.

Article 195

The Shura Council shall be consulted in the following:

1- draft public plan for social and economic development.

2- draft laws referred thereto by the President, and

3- matters related to public State policy or Arab or foreign affairs policy referred to the Council by the President, and

The Assembly shall communicate its opinion such matters to the President and the People’s Assembly.

Article 196

The Shura Council  shall be composed of a number of members defined by the law, not less than 132 members.

Two thirds of the members shall be elected by direct secret public balloting, half of whom at least must be workers and farmers.

The President of the Republic shall appoint the other third.

Article 197

The law shall determine the electoral constituencies of the Shoura Assembly, the number of members in every constituency, and the necessary conditions stipulated in the elected or appointed members of the Shoura Assembly.

Article 198

The term of membership of the Shura Council  is six years, whereas renewed election and appointment of 50% of the total number of members, whether elected or appointed, is every three years as defined by law.

It is always possible to re-elect or re-appoint those membership has expired.

Article 199

The Shura Council  shall elect a speaker and two deputy-speakers at its first ordinary annual session for a period of three years.

If one of these offices becomes vacant, the Assembly shall elect a successor for the rest of the term.

Article 200

No member may hold office in both People’s Assembly and the Shura Council  at one and the same time.

Article 201

The Prime Minister and his deputies, the ministers and government officials shall not be held accountable to the Shura Council .

Article 202

The President of the Republic has the right to make a statement upon the general policy of the State or upon any other matter before a joint meeting of the People’s Assembly and the Shura  Council , headed by the Speaker of the People’s Assembly.

The President of the Republic has the right to make whatever statements he wishes before the Shura Assembly.

Article 203

The Prime Minister and the ministers and other government officials may make statements before the Shura Assembly or before one of its committees upon a subject that comes within his competence.

The Prime Minister and his deputies and other government officials shall be heard by the Shura Assembly and its committees upon their request, and they may seek the assistance of any government official, as they see fit.

However, the vote of the minister or government official shall not be held as upon any count of votes unless he is a member.

Article 204

The President of the Republic may not dissolve the Shura Assembly except when necessary, while such a decision should comprise a call to hold new elections for the Shura Assembly within a period of sixty days from the date of its dissolution.

The Assembly shall hold its first meeting ten days from the date of its election.

Article 205

The provisions of the following articles of the Constitution shall apply to the Shura Council: 62, 88/ paragraph 2, 89, 90, 91, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 104, 105, 106, 107, 129, 130, 134), insofar as they do conflict with the stipulations cited in this part. The Shura Council and its Speaker shall exercise the competencies specified in the afore-mentioned articles.

Chapter II: The Press

Article 206

The Press is a popular, independent authority exercising its mission in accordance with the stipulations of the Constitution and the law.

Article 207

The Press shall exercise its true mission freely and independently in the service of society through all means of expression.

It shall thus express trends of public opinion, while contributing to its formation and orientation within the framework of the basic components of society, the safeguard of the liberties, rights and public duties and respect of the sanctity of the private lives of citizens, as stipulated in the Constitution and defined by law.

Article 208

The freedom of the press is guaranteed and press censorship is forbidden. Also forbidden is to threaten, suppress, or foreclose a newspaper through administrative measures, as stipulated in the Constitution and defined by law.

Article 209

The freedom to issue newspapers and their ownership by public or private or political judicial persons or by political parties is safeguarded in accordance with the law.

The financing and ownership of newspapers are subject to the supervision of the people, as stipulated in the Constitution and defined by law.

Article 210

Journalists have the right to obtain news and information according to the regulations set by law.

Their activities are not subject to any authority other than the law.

Article 211

The Supreme Council of the Press shall deal with matters concerning the press.

The law shall define its composition, competencies and its relationship with the State authorities.

The Supreme Press Council shall exercise its competencies with a view to consolidating the freedom and independence of the press, to uphold the basic foundations of society, and to guarantee sound of national unity and social peace as stipulated in the constitution and defined by law.

 

 

 

Section IV: The National Specialized Councils

Article 164

Section III: The Local Administration

Article 161

Chapter II: Economic Constituents

Education in the State educational institutions shall be free of charge at its various stages.

PART TWO: BASIC FOUNDATIONS OF SOCIETY
Chapter I: Social and Moral Constituents:

 

Article 7

Social solidarity is the basis of the society.

Constitution of The Arab Republic of Egypt
PART ONE: THE STATE

Article 1

Date of publication:Monday, 20 July 2009