This is an unofficial translation and in the event of any conflict or discrepancy between the English text and the Arabic text, the Arabic text shall prevail.
In the name of Allah, the most gracious the most merciful
The Constitution of the Kingdom of Bahrain
In the name of Allah, and with his blessings and support, we, Hamad bin Isa Al Khalifa, King of the Kingdom of Bahrain, stemming from our determination, certainty, faith, and awareness of our national, Arab, and international responsibilities; and in acknowledgment of our obligations towards Allah, the country, its citizens, and of principles, and humanity.
And in implementation of the popular will that approved the principles embodied in our National Action Charter; fulfilling what our great people entrusted to us with regards to amending the constitution; completing the requirements of democratic rule for our beloved nation; striving for a better future where the country and citizens shall enjoy greater welfare, progress, development, stability, and prosperity through earnest and constructive cooperation between the government and citizens to defeat obstacles to progress; and with conviction that the future, and working towards it, is what all of us seek in the next stage; believing that such an objective requires the exertion of efforts; and aiming to complete this advancement, we have amended the existing Constitution.
This amendment has absorbed all the lofty values and great human principles enshrined in the National Action Charter. These values and principles confirm that the people of Bahrain surge ahead in their triumphant quest towards a bright future, God willing, a future in which the efforts of all parties and individuals unite, and where the authorities in their new form devote themselves to realize the hopes and aspirations in a reign overshadowed by forgiveness, declaring its adherence to Islam as a creed, code, and a way of life, with its affiliation to the great Arab nation, and its association with the Gulf Cooperation Council now and in the future, and its striving for everything that will achieve justice, good and peace for humanity.
The amendments to the Constitution stem from the premise that the great people of Bahrain believe that Islam brings salvation in this world and the next, and that Islam means neither inertness nor fanaticism, but explicitly states that wisdom is the goal of the believer wherever he finds it he should take it, and that the Holy Quran has been remiss in nothing.
In order to fulfil this goal, it was essential that we listen to and observe the heritage of humanity from the East to the West, adopting that which we consider beneficial, suitable, and consistent with our religion, values, and traditions and is appropriate to our circumstances, while in complete conviction that social and human systems are not inflexible tools or instruments which can be moved unchanged from place to place, but are messages conveyed to the mind, spirit and conscience of man and are influenced by his reactions and societal circumstances.
Thus, these constitutional amendments are representative of the advanced cultural thought of our beloved nation. They base our political system on a constitutional monarchy founded on counsel [shura], which in Islam is the highest model for governance, and on the people’s participation in the exercise of power, which is the foundation of modern political thought.
The sovereign, with his perspicacity, chooses certain experienced people to constitute the Shura Council (Majlis al-Shura), and the aware, free and loyal people choose through elections those who constitute the Council of Representatives (Majlis al-Nuwwab), and thus the two chambers together achieve the popular will represented by the National Assembly (Al-Majlis Al-Watani).
These constitutional amendments undoubtedly reflect the joint will of the sovereign and the people and achieve for everyone the high values and the great humanitarian principles contained in the National Action Charter and ensure that the people shall advance to the elevated status for which their ability and preparedness qualify them, and which accords with the greatness of their history, and allows them to occupy their appropriate place among the civilized nations of the world.
This Constitution that we have promulgated contains the amendments that have been carried out in accordance with the provisions of the National Action Charter and that complement all the unamended texts.
We have attached an explanatory memorandum which will be used to explain its provisions.
Chapter I:
The State
Article 1
a. The Kingdom of Bahrain is a fully sovereign, independent Islamic Arab State, its population is part of the Arab nation and its territory is one of an integral part of the great Arab nation. Its sovereignty shall not be ceded or any of its territory abandoned.
b. The - Government of the Kingdom of Bahrain is a hereditary constitutional monarchy, which has been descended from the late Shaikh Isa bin Salman Al Khalifa to his eldest son Shaikh Hamad bin Isa Al Khalifa, the King, and thereafter passes down to his eldest son, one generation after another, unless the King in his lifetime nominates a son other than his eldest son as a successor, in accordance with the provisions of the Decree of Succession stated in the following paragraph.
c. The provisions of succession shall be organized by a special Royal Decree which shall have a constitutional nature and shall be amended only under the provisions of Article (120) of the Constitution.
d. The system of governance in the Kingdom of Bahrain is democratic, where the people are the source of all powers. Sovereignty shall be exercised in the manner stated in this Constitution.
e. Citizens, both men and women, shall have the right to participate in public affairs and may enjoy political rights, including the electoral franchise right and stand for elections, in accordance with this Constitution, the conditions and principles laid down by law. No citizen shall be deprived of his right to vote or stand for elections except by law.
f. This Constitution shall not be amended except partly, and in the manner provided herein.
Article 2
Islam is the religion of the State. The Islamic Sharia is a principal source of legislation, and Arabic is its official language.
Article 3
The flag of the Kingdom of Bahrain, and its emblem, logos, honors and national anthem shall be specified by law.
Chapter II
The Fundamental Rights of the Society
Article 4
Justice is the basis of governance. Cooperation and mutual respect provide a firm bond between citizens. Liberty, equality, security, tranquility, knowledge, social solidarity and equal opportunity for all citizens are pillars of society which shall be guaranteed by the State.
Article 5
a. The family is the cornerstone of society, deriving its strength from religion, morality and patriotism. The law preserves its lawful entity, strengthens its bonds and values, and extends protection of motherhood and childhood, tends to the young and protects them from exploitation and safeguards them against moral, bodily and spiritual neglect. The State cares in particular for the physical, moral and intellectual development of the youth.
b. The State guarantees reconciling between the duties of women towards the family and their work in society, and their equality with men in political, social, cultural, and economic fields without violating the provisions of the Islamic Sharia.
c. The State guarantees the requisite social security for its citizens in old age, sickness, disability, orphanhood, widowhood, or unemployment, and also provides them with social insurance and healthcare services. It strives to safeguard them against ignorance, fear, and poverty.
d. Inheritance is a right governed by the Islamic Sharia.
Article 6
The State safeguards the Arab and Islamic heritage. It contributes to the advancement of human civilization and strives to strengthen the bonds between Islamic countries and achieve the aspirations of the Arab nation for unity and progress.
Article 7
a. The State sponsors sciences, ethics, arts, and encourages scientific research. The State also sponsors educational and cultural services to its citizens. Education is compulsory and free basic education as specified and provided by law. The necessary plan to combat illiteracy is laid down by law.
b. The law regulates care for religious and patriotic education in the various stages and forms of education and is concerned with developing the citizen’s personality and his pride in his Arabian identity.
c. Individuals and bodies may establish private schools and universities under the supervision of the State and in accordance with the law.
d. The State guarantees the inviolability of the places of learning.
Article 8
a. Every citizen is entitled to health care. The State cares for public health and ensures the means of prevention and treatment by establishing a variety of hospitals and health care institutions.
b. Individuals and bodies may establish private hospitals, clinics or treatment centers under the supervision of the State in accordance with the law.
Article 9
a. Ownership, capital and work, in accordance with the principles of Islamic justice, are basic constituents of the social entity of the State and national wealth and are all individual rights with a social function regulated by law.
b. Public funds are inviolable, and it is the duty of every citizen to protect it.
c. Private ownership is protected. No one shall be prevented from disposing of his property within the limits of the law. No one shall be dispossessed of his property except for the public good in the cases and the manner specified by law and provided that he is fairly compensated.
d. Public expropriation of funds shall be prohibited, and private expropriation shall be a penalty only by judicial ruling in the cases prescribed by law.
e. The relationship between the owners of land and real estate and their tenants shall be regulated by law on economic principles while adhering to social justice.
f. The State shall undertake to provide housing for citizens with limited income.
g. The State shall make the necessary arrangements to ensure the exploitation of land suitable for productive farming and shall strive to raise the standards of farmers. The law lays down how small farmers are to be helped and how they can own their land.
h. The State shall take the necessary measures for the protection of the environment and wildlife conservation.
Article 10
a. The national economy is based on social justice, and it is strengthened by fair cooperation between public and private business sectors. Its objective, within the limits of the law, is economic development according to a well-ordered plan and achievement of prosperity for the citizens, all within the bounds of law.
b. The State shall endeavor to achieve the economic unity between the Cooperation Council for the Arab states of the Gulf and the states of the Arab League, and everything that leads to rapprochement, cooperation, coordination and mutual assistance among them.
Article 11
All-natural wealth and resources are the property of the State. The State shall preserve and exploit them properly, while adhering to the requirements of the national security and national economy.
Article 12
The State guarantees the community solidarity to bear the burdens arising from public disasters and ordeals, and for compensating those affected by war damage or as a result of serving their military duties.
Article 13
a. Work is the duty of every citizen; it is required by dignity and is dictated by the public good. Every citizen has the right to work and to choose the type of work within the bounds of public policy and decency.
b. The State guarantees the provision of job opportunities for its citizens and the fairness of work conditions.
c. Forced labor shall not be imposed on any person except in the cases specified by law for national emergency and for a fair reward, or pursuant to a judicial ruling.
d. The law regulates the relationship between employees and employers on an economic basis while adhering to social justice.
Article 14
The State shall encourage cooperation, saving and supervising the regulation of credit.
Article 15
a. Taxes and public expenditures are based on social justice, and their payment is a duty under the law.
b. The law regulates exemption of low income from taxes to ensure a minimum standard of living is safeguarded.
Article 16
a. Public posts are a national service entrusted to their incumbents, and State officials shall have the public interest in mind while performing their jobs. Foreigners shall not be entrusted with public posts except in those cases specified by law.
b. Citizens are equal in the assumption of public posts in accordance with the conditions specified by law.
Chapter III
Public Rights and Duties
Article 17
a. The Bahraini nationality shall be determined by law. A person inherently enjoying his Bahraini nationality cannot be stripped of his nationality except in case of high treason, and such other cases as prescribed by law.
b. It is prohibited to banish a citizen from Bahrain or prevent the citizen from returning to it.
Article 18
People are equal in human dignity, and citizens are equal before the law in rights and public duties. There shall be no discrimination among them on the basis of sex, origin, language, religion or creed.
Article 19
a. Personal freedom is guaranteed under the law.
b. A person may not be arrested, detained, imprisoned, searched or confined to his place of residence specified or his freedom of residence or movement restricted, except in accordance with the provisions of the law and under judicial supervision.
c. A person may not be detained or imprisoned in locations other than those designated in the prison regulations covered by health and social care and subject to control by the judicial authority.
d. No person shall be subjected to physical or mental torture, or inducement, or undignified treatment, and the punishment for doing so shall be specified by law. Any statement or confession proved to have been made under torture, inducement, or such treatment, or the threat thereof, shall be null and void.
Article 20
a. There shall be no crime nor punishment except under law, and punishment is only for offences committed subsequent to the effective date of the law providing for the same.
b. Punishment is personal.
c. An accused person is innocent until proven guilty in a legal trial in which he is afforded the necessary legal aid to exercise the right of defense at all stages of the investigation and trial in accordance with the law.
d. It is forbidden to harm a defendant physically or mentally.
e. Every person accused of an offence shall have a lawyer to defend him with his consent.
f. The right to litigate is guaranteed under the law.
Article 21
The extradition of political refugees is prohibited.
Article 22
Freedom of conscience is absolute. The State guarantees the inviolability of the places of worship, the freedom to perform religious rites, hold religious processions and meetings in accordance with the customary practices in the country.
Article 23
Freedom of opinion and scientific research is guaranteed. Everyone has the right to express their opinion and publish it verbally, in writing, or otherwise under the rules and conditions laid down by law, provided that the fundamental beliefs of the Islamic doctrine are not infringed, the unity of the people is not prejudiced and discord or sectarianism are not provoked
Article 24
Subject to the provisions of the preceding Article, the freedom of the press, printing and publishing is guaranteed under the rules and conditions laid down by law.
Article 25
Dwellings are inviolable places and shall not be entered or searched without the permission of their occupants, except in urgent cases laid down and provided for by law.
Article 26
The freedom of postal, telegraphic, telephonic and electronic communication is safeguarded and its confidentiality is guaranteed. Communications shall not be monitored or their confidentiality breached except in exigencies specified by law and in accordance with procedures and guarantees prescribed by law.
Article 27
The freedom to form associations and unions on national principles, for lawful objectives, and by peaceful means is guaranteed under the rules and conditions laid down by law, provided that the fundamentals of the religion and public order are not infringed. No one can be forced to join any association or union or to continue as a member.
Article 28
a. Individuals are entitled to assemble privately without a need for permission or prior notice, and no member of the public security forces may attend their private meetings.
b. Public meetings, processions and assemblies are permitted under the rules and conditions laid down by law, provided that the purposes and means of the congregation are peaceful not prejudicial to public decency.
Article 29
Any individual may address the public authorities in writing by his signature. Group addresses to the authorities may only be made by statutory bodies and corporate persons.
Article 30
a. Peace is the objective of the State. The safety of the nation is part of the safety of the Arab nation as a whole, and its defense is a sacred duty of every citizen and serving the military service is an honor for every citizen that is regulated by law.
b. Only the State may establish the Defense Force, National Guard, and Public Security services. Non-citizens may not be assigned such tasks except in the case of maximum necessity and in the manner prescribed by law.
c. General or partial mobilization shall be regulated by law.
Article 31
The public rights and freedoms stated in this Constitution may only be regulated or limited by or in accordance with the law, and such regulation or limitation may not prejudice the essence of the right or freedom.
Chapter IV
Public Authorities
General Provisions
Article 32
a. The system of Government rests on a separation of the legislative, executive and judicial authorities while maintaining cooperation between them in accordance with the provisions of this Constitution. None of the three authorities may assign all or part of their powers stated in this Constitution. However, limited legislative delegation for a particular period and specific subject(s) is permissible, whereupon the powers shall be exercised in accordance with the provisions of the Delegation Law.
b. The legislative authority is vested in the King and the National Assembly in accordance with the Constitution. The executive authority is vested in the King along with the Council of Ministers and Ministers, and judicial judgement are issued in his name, in accordance with the provisions of the Constitution.
Section 1
The King
Article 33
a. The King is the Head of State, and its supreme representative, and his person is inviolate. He is the loyal protector of the religion, the nation and the symbol of national unity.
b. The King safeguards the legitimacy of the government and the supremacy of the Constitution and the law fosters the rights and freedom of individuals and organizations.
c. The King exercises his powers directly and through his Ministers. Ministers are jointly answerable to him for general government policy, and each Minister is answerable to the affairs of his Ministry.
d. The King appoints and dismisses the Prime Minister by Royal Order and appoints and dismisses Ministers by Royal Decree as proposed by the Prime Minister.
e. The Cabinet Shall be re-formed as aforementioned in this Article at the start of each legislative session of the National Assembly.
f. The King appoints and dismisses members of the Shura Council by Royal Order.
g. The King is the Supreme Commander of the Defence Force. He commands it and charges it with national tasks within the homeland and beyond it. The Defence Force is directly linked to the King and maintains the necessary secrecy in its affairs.
h. The King chairs the Supreme Judicial Council. The King appoints judges by Royal Orders, as proposed by the Supreme Judicial Council.
i. The King awards medals of honor in accordance with the law.
j. The King establishes, grants, and withdraws civilian and military ranks and other honorary titles by Royal Order, and can delegate others to carry out these functions on his behalf.
k. The currency is issued in the name of the King and in accordance with the law.
l. On ascending the throne, the King takes the following oath at a special meeting of the National Assembly: “I swear by Almighty God that I shall respect the Constitution and the laws of the State, I shall defend the freedoms, interests and assets of the people, and I shall safeguard the independence of the nation and the integrity of its territories.”
m. The Royal Court is attached to the King. A Royal Order shall be issued to regulate it. Its budget and the rules for the budget’s control are set by a special Royal Decree.
Article 34
a. In the event of his absence abroad and the inability of the Crown Prince to deputize him, the King shall appoint a Deputy by Royal Order to exercise his powers during his period of absence. This Order may include a special regulation for the exercise of these powers on his behalf or may limit their scope.
b. The conditions and provisions of Paragraph (b) of Article (48) of this Constitution shall apply to the King’s Deputy. If he is a Minister or a member of the Shura Council or the Council of Representatives, he shall not participate in ministerial or parliamentary business during the period he deputizes for the King.
c. Before exercising his powers, the King’s Deputy shall take the oath prescribed in the preceding Article, including the phrase: “and I shall be loyal to the King.” The oath shall be taken in the National Assembly if it was held, else it shall be taken before the King. The Crown Prince shall take this oath once, even if he deputizes for the King a number of times.
Article 35
a. The King may propose the amendment of the Constitution, propose laws, and is the authority their ratification and promulgation of the laws.
b. A law shall be deemed ratified and the King shall promulgate it if six months have elapsed from the date on which it was submitted to him by the Shura Council and the Council of Representatives without it being returned to these Councils for reconsideration.
c. Subject to the provisions pertaining to amending the Constitution, if, within the interval prescribed in the preceding paragraph, the King returns the draft of any law to the Shura Council and the Council of Representatives for reconsideration by way of justified Decree, he shall state whether it should be reconsidered in that same session or the next.
d. If the Shura Council and the Council of Representatives, or the National Assembly, re-approve the draft by a majority of two-thirds of their members, the King shall ratify it, and shall promulgate it within one month of its approval for the second time.
Article 36
a. Offensive war is forbidden. A defensive war is declared by a Decree which shall be presented to the National Assembly immediately upon its declaration for a decision on it.
b. A state of national safety or martial law shall be proclaimed only by Decree. In all cases, martial law cannot be proclaimed for a period exceeding three months. This period may not be renewed except with the consent of the majority of the members of the National Assembly present.
Article 37
The King shall conclude treaties by Decree and shall communicate them to the Shura Council and the Council of Representatives forthwith accompanied by the appropriate statement. A treaty shall have the force of law once it has been concluded, ratified and published in the Official Gazette.
However, peace treaties, treaties of alliance and treaties relating to State territory or natural resources, rights of sovereignty, the public and private rights of citizens, treaties pertaining to commerce, shipping and residence, and treaties which involve the State budget, non-budget expenditure or which entail amendment of the laws of Bahrain, shall be promulgated by law to be valid.
Under no circumstances may a treaty contain secret clauses which conflict with those openly declared.
Article 38
If between the convening of both Shura Council and the Council of Representatives sessions, or during the period in which the National Assembly is in recess, if an event should occur that requires expediting the adoption of measures that tolerate no delay, the King may issue relevant Decrees that have the force of law, provided they do not contravene the Constitution.
Such Decrees shall be referred to both Shura Council and the Council of Representatives within one month from their promulgation if the two chambers are in session, or within a month of the first meeting of each of the two new Councils in the event of dissolution or if the legislative term had ended. If the Decrees are not so referred, their legal force shall diminish retrospectively without a need to issue a relevant ruling. If they are referred to the two Councils but are not approved by them, their legal force shall also diminish retrospectively.
Article 39
a. The King shall lay down the regulations for implementation of the laws, by Decrees which shall not include amendment or suspension of those laws or exception from their implementation. The law may prescribe a lower instrument than a Decree for the promulgation of the regulations necessary for their implementation.
b. The King shall lay down the control regulations and the regulations necessary for the organization of public directorates and departments, by Decrees in a manner which does not conflict with the laws.
Article 40
The King shall appoint civil servants, military personnel, and political representatives in foreign States and international organizations, and relieve them of their positions within the bounds and on the conditions prescribed by law and shall accredit the representatives of foreign States and organizations.
Article 41
The King may grant a pardon of punishment or commute a sentence by a Decree. A general amnesty may be granted only by law and shall apply to offences committed before the amnesty was proposed.
Article 42
a. The King shall issue the Orders for elections to the Council of Representatives in accordance with the provisions of the law.
b. The King shall invite the National Assembly to convene by Royal Order and shall open its proceedings and bring them a close in accordance with the provisions of the Constitution.
c. The King may dissolve the Council of Representatives by decree stating the reasons for dissolution, after consulting the presidents of the Shura Council, the Council of Representatives, and the Constitutional Court. The Council may not be dissolved for the same reasons again .
Article 43
The King may conduct a popular referendum on important laws and issues connected with the interests of the State. The issue on which the referendum has been held is considered to have been agreed upon if approved by a majority of those who cast their votes. The result of the referendum shall be binding on all and effective from the date it is declared and it shall be published in the Official Gazette.
Section 2
The Executive Authority
Council of Ministers – Ministers
Article 44
The Council of Ministers shall consist of the Prime Minister and a number of Ministers.
Article 45
a. The incumbent of a Ministry shall be a Bahraini, aged not less than 30 years in accordance with the Gregorian calendar and shall enjoy full political and civil rights. Unless otherwise provided, the provisions pertaining to Ministers apply also to the Prime Minister.
b. The salaries of the Prime Minister and Ministers shall be laid down by law.
Article 46
The Prime Minister and Ministers shall, before assuming their duties, take the oath prescribed in Article (78) of this Constitution before the King.
The Prime Minister shall present the Government Program within thirty days of taking the constitutional oath before the Council of Representatives, or in its first meeting if it is absent. If the Council of Representatives does not approve the program within thirty days by a majority of its members, the Government shall resubmit the program to the Council of Representatives after making the amendments it determines, within twenty-one days from the date of its rejection by the Council of Representatives. If the Council of Representatives rejects it a second time within a period not exceeding twenty-one days through a two-thirds majority of its members, the King shall accept the resignation of the Government. If the Council of Representatives does not approve the Government Program of the new Government, according to the preceding rules and time periods, the King may dissolve the Council of Representatives or accept the resignation of the Government and appoint a new one, and the Council of Representatives shall decide to accept or reject the Government Program within the specified period, and if a decision has not been made within the specified period, the Council of Representatives shall be considered to have approved the Government Program .
Article 47
a. The Council of Ministers shall oversee State interests, lay down and follow through the implementation of general government policy decide the public policy of the government , and supervise the course of business in the Government apparatus.
b. The King shall chair the Council of Ministers’ meetings which he attends.
c. The Prime Minister shall supervise the performing of the tasks of the Council of Ministers and its course of business, implement its decisions and coordinate between the various Ministries and integrate their business.
d. Relinquishment by the Prime Minister of his position for any reason shall entail removal of all Ministers from their posts.
e. The deliberations of the Council of Ministers shall be confidential. Its decisions shall be adopted when a majority of its members attend and there is a majority of those attending in favor. In the event of a tied vote, the side on which the Prime Minister’s vote is cast shall prevail. The minority shall abide by the opinion of the majority unless they resign. Council decisions shall be submitted to the King for approval in cases where issue of a relevant Decree is required.
Article 48
a. Each minister shall supervise the affairs of his Ministry and implement the general government policy in that Ministry. He shall also decide the orientation of the Ministry and supervise implementation of its policies.
b. While in charge of his Ministry, a Minister may not assume any other public office, nor may he even indirectly practice a profession or conduct industrial, commercial or financial business, nor may he participate in contracts concluded by the Government or public institutions or combine his ministerial position with the membership of the board of directors of any company except as a non-remunerated Government representative. Also, during this period, the Minister may not purchase or rent a state asset even by way of public auction, nor may he lease, sell, or barter any of his assets to the State.
Article 49
If the Prime Minister or the Minister relinquishes his position for any reason, he shall continue to conduct urgent business of his position until a successor is appointed.
Article 50
a. The law shall regulate public institutions and municipal departmental bodies so as to ensure their independence under State direction and supervision. The law shall ensure that the municipal departmental bodies shall administer and oversee the services that have a local character and are within their area.
b. The State shall direct public welfare institutions for the public good in a manner consistent with general State policy and the interest of its citizens.
Section 3
The Legislative Authority
The National Assembly
Article 51
The National Assembly consists of two Chambers: The Shura Council and the Council of Representatives.
Part One
The Shura Council
Article 52
The Shura Council consists of forty members appointed by a Royal Order, in accordance with the procedures, conditions and the method defined by the Royal Order.
Article 53
A member of the Shura Council shall be a citizen of Bahrain, and for naturalized citizens at least ten years shall have elapsed since acquiring their citizenship. He shall not be a citizen of another country, with the exception of citizens of the member states the Gulf Cooperation Council, on the condition that his Bahraini citizenship is his original citizenship. He shall enjoy full civil and political rights and shall be enrolled in an electoral register. His age shall not be less than 35 years by the Gregorian calendar on the date of appointment, and he shall have the requisite experience or have performed a valuable service to the nation.
Article 54
a. The term of membership of the Shura Council is four years, and members may be reappointed when their term has expired.
b. If for any reason the place of a member of the Shura Council becomes vacant before his term is due to expire, the King shall appoint a replacement to serve until the end of the term of his predecessor.
c. Any member of the Shura Council may ask to be exempted from the membership of the Council by applying to the President of the Council, and the President shall submit the request to the King. The membership shall not terminate until the date on which the King accedes to the request.
d. The King shall appoint the President of the Shura Council for the same period as the Council, and the Council shall elect two Vice-Presidents for each convening session.
Article 55
a. The Shura Council shall meet when the Council of Representatives meets, and the convening period for both Chambers shall be the same.
b. The sessions of the Shura Council shall be stopped if the Council of Representatives is dissolved.
Part Two
The Council of Representatives
Article 56
The Council of Representatives comprises of forty members elected by direct, secret general ballot in accordance with the provisions of the law.
Article 57
A member of the Council of Representatives shall meet the following requirements:
a. He shall be a citizen of Bahrain, and for naturalized citizens at least ten years shall have elapsed since acquiring their citizenship. He shall not be a citizen of another country, with the exception of citizens of the member states of the Gulf Cooperation Council, on the condition that his Bahraini citizenship is the original citizenship. He shall enjoy full civil and political rights and shall be enrolled in an electoral register .
b. On the day of his election, he shall be not less than thirty years of age by the Gregorian calendar.
c. He shall read and write Arabic fluently.
d. His membership of the Shura Council or the Council of Representatives shall not have been terminated by decision of the Council to which he belonged due to loss of confidence and esteem or for being in breach of duties of membership. However, a person whose membership has been terminated may put himself forward as a candidate if the legislative session during which the decision to terminate his membership was taken has elapsed, or if the chamber of which he was a member adopts a decision to cancel the impediment to candidature entailed by abrogation of membership upon expiry of the convening period during which the decision to terminate his membership was taken.
Article 58
The term of the Council of Representatives is four years by the Gregorian calendar from the date of its first session. Elections for a new Council of Representatives shall be held during the last four months of that term, while observing the provisions of Article (64) of the Constitution. A person whose period of membership has ended may be re-elected.
The King may, when necessary, extend the legislative session of the Council of Representatives by Royal Order for a period not exceeding two years.
Article 59
Should a seat in the Council of Representatives become vacant prior to the end of its term, for any reason, a replacement shall be elected within two months of the Council's announcement of the vacancy, and the new member's term shall last for the remaining term of his predecessor.
If the vacancy was caused by the resignation of the member, that member may not nominate himself for the membership in the Council during the legislative term in which he presented his resignation.
If the vacancy occurs within the final six months of the term of the Chamber, a replacement shall not be elected.
Article 60
At its first session, the Council of Representatives shall choose from among its members a Speaker and two Vice Speakers for the same duration as the Council’s term. If the place of any of them falls vacant, the Council shall choose a replacement to serve out his term.
In all cases, election shall be by an absolute majority of those present. If there is no such majority on the first run, the election shall be conducted again between the two who secured the most votes. If a third party tied with the second of the two, he shall participate with them both in the election of the second ballot, and in this case, the election shall be by proportional majority. If this proportional majority results in a tie, the Council shall choose by lot.
The first session shall be chaired by the eldest member until such time as a Speaker of the Council of Representatives is elected.
Article 61
The Council shall form the committees necessary for its business during the first week of its annual assembly. These committees may exercise their powers while the chamber is in recess.
Article 62
The Court of Cassation shall have jurisdiction to rule on challenges relating to elections to the Council of Representatives, in accordance with the relevant law.
Article 63
The Council of Representatives is the authority competent to accept a resignation from its membership. The resignation shall be deemed final only from when the Council decides to accept it, and the place shall become vacant from the date of that acceptance.
Article 64
a. If the Council of Representatives is dissolved, elections for a new Council of Representatives shall be held not later than four months from the date of dissolution. If elections are not held during that period, the dissolved Council of Representatives shall regain its full constitutional powers and shall meet immediately as though the dissolution never occurred and shall continue its business until a new Council is elected.
b. Notwithstanding the preceding paragraph, the King may defer election of the Council of Representatives if there are compelling circumstances whereby the Council of Ministers considers holding elections is not possible.
c. If the compelling circumstances mentioned in the preceding paragraph continue, the King, taking the opinion of the Council of Ministers, may restore the dissolved Council of Representatives and invite it to convene. This Council of Representatives shall be regarded as established from the date of promulgation of the Royal Decree restoring it. It shall exercise its full constitutional powers. The provisions of this Constitution shall apply to it including those pertaining to completion of the Council’s term and dissolution. The session the Council holds in such a case shall be regarded as its first session irrespective of the date of its commencement.
Article 65
Upon a request signed by at least five members of the Council of Representatives, any minister may face interpellation regarding matters within his purview.
The interpellation shall be conducted in accordance with the terms and conditions determined by the rules of procedure of the Council of Representatives.
The interpellation shall be held in the Council, unless a majority of its membership elects to hold it in the committee concerned. This shall occur at least eight days after the date the request was submitted, unless the minister requests the interpellation be expedited.
The interpellation may lead to a vote of confidence in the minister, in accordance with the procedures defined by Article (66) of this constitution.
Article 66
a. Each Minister shall be responsible at the Council of Representatives for the business of his Ministry.
b. A question of confidence in a Minister may be put forward only at his own wish or upon an application signed by at least ten members of the Council of Representatives following the debate of the question put to him, and the Council may not give its decision on the application until seven days after its submission.
c. If the Council of Representatives decides by a majority of two-thirds of its members to give a vote of no-confidence in a Minister, he shall be regarded as having withdrawn from the Ministry from the date of the no-confidence vote, and he shall submit his resignation forthwith.
Article 67
a. The subject of confidence in the Prime Minister shall not be raised in the Council of Representatives.
b. If at least ten members of the Council of Representatives submit a request with cause regarding the inability to cooperate with the Prime Minister, and the majority of the members of the Council approve, then the request shall be forwarded to the Secretariat of the Council for deliberation and then submitting it back to the Council in a period not exceeding two weeks from the date of its receipt.
c. The Council of Representatives may not decide on the matter of cooperation with the Prime Minister before seven days from the date the request was submitted to it by the Secretariat of the Council.
d. If the Council of Representatives approves, by a two-thirds majority vote, the motion of inability to cooperate with the Prime Minister, the matter shall be raised to the King for his verdict on whether the Prime Minister shall be removed from his post and form a new cabinet, or dissolve the Council of Representatives .
Article 68
a. The Council of Representatives may suggest by written requests to the Government on general matters, and the Government shall respond in writing within six months, and if compliance is not possible, to explain the reasons.
b. Upon a request signed by at least five members of the Council of Representatives, a general topic may be submitted for deliberation and to request clarification on Government policy, and for exchanging opinions, according to the rules of procedure of the Council. The Secretariat of the Council shall add the request to the agenda of the first meeting following the receipt of the request for the Council to rule on the matter without deliberation.
Article 69
The Council of Representatives may at any time form commissions of inquiry or delegate one or more of its members to investigate any matter coming within the powers of the Council stated in the Constitution, and the commission or member is to present the findings of the inquiry not later than four months from the date of commencement of the inquiry.
Ministers and all s public servants shall provide the required certificates, documents and all data required of them.
Part Three
Provisions Common to Both Chambers
Article 70
No law shall be promulgated unless approved by both the Shura Council and the Council of Representatives, or the National Assembly as the case may be and ratified by the King.
Article 71
The National Assembly shall convene on the second Saturday of the month of October unless the King decides for it to convene before this date, and if that date is an official holiday, it shall convene on the first working day after that holiday.
Article 72
The normal convening period for both the Shura Council and the Council of Representatives shall last for at least seven months, and this convening period may not be prorogued before the budget is approved.
Article 73
An exception to the provisions of the two foregoing Articles, the National Assembly shall convene on the day following the expiry of one month from the date of appointment of the Shura Council or election of the Council of Representatives, whichever occurs later, unless the King decides for it to convene before that date.
If the date of convening the National Assembly in current session is later than the annual date prescribed in Article (71) of the Constitution, the period of session shall be reduced to the period prescribed in Article (72) of the Constitution by the amount of the difference between the two previously mentioned periods.
Article 74
The King shall inaugurate the ordinary session of the National Assembly with a royal address. He may delegate the Crown Prince or whomever he decides to inaugurate the session of the National Assembly and deliver the royal address on his behalf. Each of the two Councils shall choose a committee from among its members to prepare the reply to the royal address, and each Council shall submit its reply to the King after it is approved.
Article 75
Both the Shura Council and the Council of Representatives shall be called, by Royal Order, to meet in an extraordinary session if the King deems it necessary, or if so, requested by a majority of members of either chamber.
During an extraordinary session, the two Councils may not deliberate matters other than the matters convened for deliberation.
Article 76
The King shall adjourn the ordinary and extraordinary sessions by Royal Order.
Article 77
Any meeting of the Shura Council or the Council of Representatives not held at the prescribed time and place shall be null and void and decisions taken thereat shall be invalid.
Article 78
Every member of the Shura Council or the Council of Representatives shall take the following oath in a public session, prior to exercising their duties in the Council or its committees:
“I swear by Almighty God that I shall be loyal to the country and the King, shall respect the Constitution and the laws of the State, shall defend the freedoms, interests and assets of the people, and shall perform my duties honestly and sincerely.”
Article 79
The sessions of the Shura Council and the Council of Representatives shall be open to the public. They may be held in secret at the request of the Government, the Presidents of the Councils, or ten members, and the request shall be debated in a secret session.
Article 80
For a session of either the Shura Council or the Council of Representatives to be valid, a quorum of more than half the members of each Council shall be present. Decisions shall be taken by an absolute majority of members present, except in cases where a special majority is required. In the event of a tied vote, the matter shall be decided in favor of the side that includes the President of the Council. If the voting relates to the Constitution, voting shall be conducted by calling upon members by name.
If there is a lack of quorum for either Council to convene on two successive occasions, the session of the Council shall be deemed valid provided that the number of members attending is not less than one quarter of the Council’s members.
Article 81
The Prime Minister shall present bills to the Council of Representatives, to be accepted, amended or rejected. In all cases any bill shall be referred to the Shura Council, to be accepted, amended or rejected or to accept any amendments the Council of Representatives had introduced to it, or had rejected or amended. However, the priority of debate shall always be given to bills and proposals put forward by the Government.
Article 82
If the Shura Council does not approve a bill passed by the Council of Representatives, whether the Shura Council’s decision involves rejection, amendment, deletion or addition, the President of the Council shall return it to the Council of Representatives for reconsideration.
Article 83
If the Council of Representatives approves a bill in the form it was received from the Shura Council, the President of the Council of Representatives shall forward it to the Prime Minister within a period not exceeding two weeks in order to submit it to the King.
Article 84
The Council of Representatives may reject any amendment made to a bill by the Shura Council and may insist on its previous decision without introducing any new amendments to the bill. In such a case, the bill shall be returned to the Shura Council for reconsideration. The Shura Council may accept the decision of the Council of Representatives or insist on its previous decision.
Article 85
Should the two Chambers disagree over a bill twice, the National Assembly, presided over by the President of the Council of Representatives, shall convene for deliberation on the disputed clauses, and the bill shall require the approval of the majority of the members of the National Assembly present. If the bill is rejected in such manner, it may not be submitted to the National Assembly again during the same legislative session.
Article 86
In all cases in which a bill is approved, the President of the Council of Representatives shall submit it in a period not exceeding two weeks to the Prime Minister in order to submit it to the King.
Article 87
Every bill that regulates economic or financial matters, and the Government requests its urgent consideration, shall first be submitted to the Council of Representatives so that it takes a decision on it within fifteen days. When this period elapses, the bill is presented to the Shura Council with the opinion of the Council of Representatives if there is such an opinion, so that the Shura Council decides on it within a further period of fifteen days. If the two Chambers should disagree on the bill in question, the matter is referred to the National Assembly for a vote on it within fifteen days. If the National Assembly does not reach a decision on it within that period, the King may issue the bill as a Decree that has the force of a law.
Article 88
The Prime Minister may deliver a statement before the Council of Representatives or the Shura Council or any of their committees on a matter within their competence, and he may delegate a Minister to do so, and the Chamber or committee shall discuss the statement and deliver their remarks on it.
Article 89
a. A member of either the Shura Council or the Council of Representatives represents the people and cares for public interest. He shall not come under the sway of any authority in his work in either the Council or its committees.
b. No member of the Shura Council or the Council of Representatives shall be held accountable for expressing his opinions or ideas in the Council or its committees, unless the opinion expressed is prejudicial to the fundamentals of the religion or the unity of the nation, or the mandatory respect for the King, or is defamatory of the personal life of any person.
c. Other than in case of being caught in a criminal act, it shall be impermissible, during the convening period, for any detention, investigation, search, arrest or custodial procedures or any other penal action to be taken against a member except with the permission of the Council of which he is a member. Outside the convening period, permission shall be sought from the President of the relevant Council.
Not issuing a decision by the Council or its President with regards to a permission, which is being sought, within one month from the date of receipt of the request, shall be regarded as permission.
The Council shall be informed of any measures that may be taken under the preceding paragraph while it is convened, and it shall invariably be informed at its first session of any action taken against a member during the Council’s annual recess.
Article 90
The King may, by Royal Order, adjourn the National Assembly from convening for not more than two months, and such adjournment shall not be repeated more than once in any one convening period. The adjourned period shall not be counted within the convening period stipulated for in Article (72) of this Constitution.
Article 91
Every member of the Shura Council or the Council of Representatives may submit questions in writing to the Ministers to clarify matters within their competence, the questioner from the Council of Representatives alone may comment once to the answer, and if the Minister's response adds anything new, the questioner then may comment again. The answers for the questions of the Shura Council members should be in writing.
The question may not relate to a vested interest of the questioner or his relatives up to the fourth degree, or one of his proxies.
Article 92
a. Fifteen members of the Shura Council or the Council of Representatives have the right to request an amendment to the constitution, any member of either Council has the right to propose laws, and all proposals shall be submitted to the concerned committee of the Council in which the proposal was presented in order to obtain its opinion. If the Council approves the proposal, it shall forward it to the Government for restatement as a draft constitutional amendment or bill, in order to submit it to the Council of Representatives within six months at most from the date it received it .
b. Any proposal for a law that has been presented in accordance with the preceding paragraph and was rejected by the Council to which it was presented, may not be re-represented during the same convening period.
Article 93
The Prime Minister and Ministers may attend sessions of the Shura Council and Council of Representatives, and both Councils shall listen to the Prime Minister and Ministers whenever they ask to speak. They may co-opt such senior officials or their deputies as they may wish.
A Council may require the competent Minister to attend when a matter relating to his Ministry is being debated.
Article 94
a. The law sets out the workflow in both the Shura Council and the Council of Representatives and their committees, and the principles governing debate, voting, questioning, cross-examination and all the powers prescribed in the Constitution, in addition to the penalties for a member who violates the regulations, or for failing to attend the Council or committee sessions without acceptable excuse.
b. Each Council may add to the law that regulates it such supplementary provisions as it sees fit.
Article 95
Maintaining order within the Shura Council and Council of Representatives is within the competence of its President. Guards shall be allocated to each Council and they will receive their orders from the President of the Council.
No armed force may enter either Council of the National Assembly or remain near its doors unless so requested by its President.
Article 96
The remuneration of the members of the Shura Council and Council of Representatives shall be determined by law. If this remuneration is amended, such amendment shall not take effect until the start of the next legislative session.
Article 97
The memberships of the Shura Council and the Council of Representatives may not be combined, nor membership of either Council be combined with the assumption of public office.
Other cases of non-combination shall be prescribed by law.
Article 98
During the membership period, a member of the Shura Council or the Council of Representatives may not be appointed to the board of directors of a company or participate in contracts concluded by the Government or public institutions except in those cases prescribed by law.
Neither may the member, during such period, purchase or rent a State asset, or lease, sell or barter any of his assets to the State, unless by way of public auction or tender or the application of the regulations governing expropriation in the public interest.
Article 99
If a state of incompetence arises with respect to a member of the Shura Council or the Council of Representatives during his membership, his membership shall be terminated, and his place become vacant on a decision taken by two-thirds of the members of the Council of which he is a member.
The membership of a member of the Shura Council or the Council of Representatives may also be terminated for loss of confidence or for being in breach of the duties of membership. A decision to terminate a membership shall occur by a two-thirds majority of the members of the Council of which he is a member. If taken by the Shura Council, the decision shall be submitted to the King for approval.
Article 100
Members of the Shura Council or the Council of Representatives shall not be awarded medals during their term of membership.
Part Four
Provisions on the Convening of the National Assembly
Article 101
In addition to the occasions when the National Assembly convenes as per the Constitution, the King may call such a meeting of his own initiative or at the request of the Prime Minister.
Article 102
The President of the Council of Representatives presides over meetings of the National Assembly, and in his absence the President of the Shura Council shall take his place, followed by the First Deputy of the Speaker of the Council of Representatives, followed by the First Deputy of the President of the Shura Council.
Article 103
Other than cases in which a special majority is specified by the constitution, the meetings of the National Assembly shall not be considered valid except with the attendance of a majority of each Chamber, and if the quorum is not reached two consecutive times, the meeting shall be considered valid, on condition that at least a quarter of the membership of each Chamber is in attendance. Motions are approved by a majority of members present, and if votes are equal, the side wins which has the vote of the president.
Section 4
The Judicial Authority
Article 104
a. The honor of the judiciary, the integrity and impartiality of judges, are the basis of governance and the guarantee of rights and liberties.
b. No authority shall prevail over the judgement of a judge, and under no circumstances may the course of justice be interfered with. The law guarantees the independence of the judiciary, and the law shall lay down the guarantees of judges and the provisions pertaining to them.
c. The law shall lay down the provisions pertaining to the Public Prosecution, the tasks of the office for legal opinions, the preparation of legislation, State representation before the law, and personnel employed on such matters.
d. The provisions governing advocacy shall be regulated by law.
Article 105
a. The various types and degrees of the courts shall be regulated by law, and the law shall state their functions and jurisdiction.
b. The law shall regulate the jurisdictions of the military courts, regarding the Bahrain Defence Force, the National Guard, and the Public Security Forces .
c. The court sessions are public, except in exceptional cases specified by law.
d. A Supreme Judicial Council shall be established by law to supervise the running of the courts and their supporting organs. The powers of the Supreme Judicial Council in the functional affairs of judicial personnel and the Public Prosecution shall be prescribed by law.
Article 106
A Constitutional Court shall be established, and shall comprise a President and six members, all of whom are appointed by a Royal Order for a period specified by the law. The court specializes in monitoring the constitutionality of laws and statutes.
The law shall state the regulations that ensure that the members of the Court are not liable to dismissal and specifies the procedures that are followed before the Court. The law shall guarantee the right of the Government, the Shura Council, the Council of Representatives and concerned individuals and others to challenge before the Court the constitutionality of laws and statutes. A ruling by the Court that a text in a law or a statute is unconstitutional shall have a direct effect, unless the Court specifies a subsequent date for the purpose. Thus, if the Court’s rule on unconstitutionality is related to a text in the penal code, then the convictions made on the basis of such a text are deemed null and void.
The King may refer to the Court any draft laws before they are adopted to determine the extent of their agreement with the Constitution. The Court’s determination is binding on all State authorities and on everyone.
Chapter V
Financial Affairs
Article 107
a. Public taxes shall only be imposed, amended and abolished by law, and persons shall only be exempted from paying them, wholly or in part, in those cases prescribed by law. A person may only be instructed to pay other taxes, duties and costs within the bounds of the law.
b. The provisions governing the collection of taxes, duties and other public monies, and the procedures for their disbursement, shall be prescribed by law.
c. The provisions governing the maintenance and management and the terms for the disposition of State property, and the limits within which any part of such property may be assigned shall be prescribed by law.
Article 108
a. Public loans shall be concluded by law. The State may lend or guarantee a loan by law within the credit limits prescribed for this purpose in the Budget Law.
b. Local bodies such as municipalities or public institutions may lend, borrow or guarantee a loan in accordance with the relevant laws.
Article 109
a. The financial year shall be prescribed by law.
b. The Government prepares the annual draft budget, including the state revenues and expenses, and presents it to the Council of Representatives and the Shura Council at least two months prior to the end of the fiscal year. Following the submission of the draft budget, the financial committees of both Councils shall meet in a joint session to discuss the draft budget with the Government, after that, each committee submits a separate report to its Council. The draft budget is presented to the Council of Representatives for discussion and then submitted to the Shura Council for review in accordance with the constitution, and amendments to the draft budget are possible in agreement with the Government.
c. Discussion of the draft budget is on the basis of the itemization contained therein. A budget may be prepared for two years at the most, and none of the public revenues may be assigned to an expense without a law .
d. The State general budget shall be promulgated by law.
e. If the Budget Law is not promulgated before the beginning of the financial year, the previous budget shall be followed until the law’s promulgation, and revenue shall be collected and expenditure disbursed in accordance with the laws in force at the end of that year.
f. Under no circumstances may the maximum estimates of expenditure stated in the Budget Law and laws in amendment thereof be exceeded.
Article 110
Any disbursement which is not included in the budget or is in excess of the estimates shall be made by operation of law.
Article 111
a. Certain funds may be allocated to more than one financial year by law if the nature of the disbursement so requires. The approbation for each, as decided by the aforesaid law, shall be mentioned in the successive annual budgets of the State.
b. An exceptional budget running for more than one financial year may also be allocated for the disbursements referred to in the preceding paragraph.
Article 112
The Budget Law may not contain any wording establishing a new tax, increasing existing tax, or amending an existing law, or avoiding the promulgation of a law on a matter for which the Constitution provides that it shall be regulated by law.
Article 113
The final account of the financial affairs of the State for the year elapsed shall be submitted firstly to the Council of Representatives during the five months following the end of the financial year. It shall be approved by a decision rendered by both the Shura Council and Council of Representatives, accompanied by their observations, and shall be published in the Official Gazette.
Article 114
The provisions pertaining to independent public budgets, their appendices, and their final accounts, shall be laid down by law, and they shall be subject to the provisions governing the State budget and its final account. The provisions governing the budgets and final accounts of municipalities and local public institutions shall also be laid down by law.
Article 115
The Government presents to the Council of Representatives and the Shura Council, along with the draft budget, a statement of the financial and economic situation of the state, and of the measures taken to implement the existing budget, and its effects on the proposed budget.
Article 116
A National Audit Office shall be established by law, and the law shall guarantee its independence. It shall assist the Government and the Council of Representatives in monitoring the collection of State revenues and the disbursement of its expenditure within the budget limits. The Office shall submit an annual report on its business, with its observations, to both the Government and the Council of Representatives.
Article 117
a. Any commitment to exploit a natural resource or a public utility shall be only by operation of law and for a limited time. The preliminary procedures shall ensure that the search and exploration work are facilitated and achieving publicity and competition.
b. Any monopoly shall only be granted awarded by law and for a limited time.
Article 118
The law shall regulate currency, and banks, and regulates weight, measures and standards.
Article 119
The law shall regulate salaries, pensions, compensation, relief and remuneration being a charge on the State budget.
Chapter VI
General and Final Provisions
Article 120
a. The amendment of any provision of this Constitution shall require the approval of a two-thirds majority of the memberships of the Council of Representatives and the Shura Council, and the validation of the King, with the exception of Article (35 paragraphs b, c, d) of this Constitution. Should either chamber refuse the intention or text of the amendment, the National Assembly shall convene in the attendance of two-thirds of its membership to discuss the draft amendment, and the condition for approving the draft amendment is the approval of two-thirds of its members.
b. If an amendment to the Constitution is rejected, it may not be re-submitted earlier than one year from that refusal.
c. It is not permissible to propose an amendment to Article (2) of this Constitution, and it is not permissible under any circumstances to propose the amendment of the constitutional monarchy and the principle of inherited rule in Bahrain, as well as the bicameral system and the principles of freedom and equality established in this Constitution.
d. The powers of the King stated in this Constitution may not be proposed for amendment in an interval during which another person is acting for him.
Article 121
a. The application of this Constitution shall not breach the treaties and agreements which Bahrain has concluded with states and international organizations.
b. Notwithstanding the provisions of the second paragraph of Article (38) of this Constitution, all laws, laws by Decrees, Decree-Laws, statutes, orders, edicts and circulars that have been issued and are in force prior to the first meeting convened by the National Assembly remain proper and valid, unless amended or rescinded in accordance with the regulations prescribed in this Constitution.
Article 122
Laws are published in the Official Gazette within two weeks of their issue and are enforced one month after the date of their publication, and this period may be shortened or prolonged, if the law specifically prescribed it.
Article 123
No provision of this Constitution shall be suspended except during the proclamation of martial law, and within the limits prescribed by the law. It is not permissible under any circumstances to suspend the convening of the Shura Council or the Council of Representatives during that period or to infringe upon the immunity of their members, or during the proclamation of a state of national safety.
Article 124
The provisions of the laws shall be applied only to what occurs after the date of the laws coming into force and have no retroactive effect. The law may state, in Articles other than those pertaining to the penal code, that its provisions have a retroactive effect, with the approval of the majority of the members of both the Shura Council and the Council of Representatives or the National Assembly, as the case may be.
Article 125
The amended Constitution shall be published in the Official Gazette and shall be effective from the date of its publication.
