The Status of Vice Presidents ‎in the Legal System of ‎Afghanistan: Requirements, ‎Competence and Immunity

Mr. Mohammad Reza Darmani

Volume 1 Issue 1 | Dec 2019

DOI: 10.31841/KJL.2021.1

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Abstract

The Constitution of Afghanistan provides for two offices of Vice Presidents, apparently, to secure national participation and allow the major groups enjoy representation in the triangle of power. This required that conditions for candidacy, powers and functions, and protection awarded to the two Vice Presidents should have been adjusted keeping in view the rationale of their appointment as such. On the contrary, this paper finds that although in terms of candidacy, there is no difference in the requirements for Vice-Presidents and the President himself, the Vice Presidents have no legal authority. The 1st Vice President can perform certain tasks only in case of permanent or temporary absence of the President, whereas the Competence and functions of the 2nd Vice President remain unclear. The only instance where reference is made to him in the Constitution is when the President along with the 1st Vice President are absent. In the absence of President, the 1st Vice President, and in the absence of both the President and the 1st Vice President, the 2nd Vice President enjoys limited authority, both temporal and subject matter. The paper also finds out that political immunity and financial situation of the Vice Presidents are guaranteed but their judicial immunity is ambiguous. The paper recommends that upon amendments, the constitution should be modified in a manner that Vice Presidents are given sufficient and appropriate Competence and functions to perform.