Khawaja Jamshid Seddiqi
Volume 2 Issue 1 | Dec 2020
DOI: 10.31841/KJL.2021.10
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Abstract
The National Assembly is the highest legislative organ of the Islamic Republic of Afghanistan. The National Assembly consists of two houses, (the Wolesi Jirga and the Meshrano Jirga). The Meshrano Jirga is made up of three-thirds. Two-thirds are elected members and one-third are appointed by the president. The term of membership of two-thirds elected members is three years and four years, but the term of membership of appointing members is five years. The difference in the term of membership of the elected and appointed members has raised questions about the election of the Speaker of the House of Meshrano Jirga. The speaker of the Meshrano Jirga must be elected for a legislative term. The term of membership of elected members does not correspond to a legislative period. The constitution does not prohibit the election of elected members to the presidency of the Meshrano Jirga, but emphasizes the election of a speaker for a legislative term. It seems that the difference in the term of membership of the elected members does not prevent them from being elected to the presidency of the Meshrano Jirga, because, when elected members elected by the relevant councils, they lost their membership in those councils. If one of the elected members elected as speaker of Meshrano Jirga they got their legitimacy from the vote of members of Meshrano Jirga.