KUWAIT: Kuwait marked Monday the 62nd anniversary of its constitution, which specifies the ruling system and organizes relationships among legislative, executive, and judicial authorities, as the political leadership is determined to preserve the constitution. Kuwaiti people are proud of their constitution, which contributed to democracy in the Gulf nation, highlighted civil rights of citizens and their right of speech, as well as guaranteeing justice and equality. Sheikh Abdullah Al-Salem Al-Sabah, Kuwait’s 11th Amir, ratified the constitution on November 11, 1962, a defining moment in the political history of Kuwait.
Kuwaitis remember with pride, the historic democratic stages that Kuwait went through, beginning with the constitutional document in 1938 until the birth of the constitution in 1962, the "most important document” of Kuwait. The late Sheikh Abdullah Al-Salem had expressed a desire to build a solid parliamentary system based on democratic principles and see the contributions of the public to the constitution. He signed a law on August 26, 1961, regarding the bylaw of the transitional period and holding elections for the Constituent Assembly with a mandate of wording the constitution.
Sheikh Abdullah Al-Salem inaugurated the Constituent Assembly in January 1962 and told the members that they have a daunting task of laying the foundation of the ruling system of the nation. Members of the Assembly elected Abdullatif Mohammad Al-Ghanim as Speaker and Dr Ahmad Al-Khateeb as deputy speaker. The sixth session saw the election of the Constitution Committee, consisting of speaker Al-Ghanim, the late Father Amir Sheikh Saad Al-Abdullah Al-Sabah, who was Interior Minister and also served as committee chairman, MP Humoud Al-Zaid Al-Khaled, who was also Minister of Justice, Yaqoub Yusuf Al-Humaidhi, and Saud Abdulaziz Al-Abdulrazzaq.
The committee tabled the final draft of the constitution, which was unanimously approved on November 3, 1962. The Assembly then referred the draft constitution to Sheikh Abdullah Al-Salem, who ratified it on November 11, 1962. The constitution consists of 183 articles over five chapters: the first about the state and system of government, the second about the fundamental constituents of Kuwaiti society, the third about public rights and duties, the fourth about authorities, and the fifth about general and transitional provisions.
The first parliamentary elections were held in January 1963 and were the beginning of the real political practices under the constitution. The democratic march in Kuwait was marred with some setbacks. The parliament was suspended twice, in 1976 and 1986. However, the constitution was the shield against domestic and external challenges, foremost the Iraqi invasion and occupation in 1990-91. During the seven-month Iraqi occupation, Kuwaitis were united behind their legitimate leadership.
In April 1991, the late Amir Sheikh Jaber Al-Ahmad Al-Sabah formed a new government with a mandate of reconstruction, and in October 1992, parliamentary life resumed. The leaders of Kuwait have always reaffirmed respect for the constitution. The late Amir Sheikh Sabah Al-Ahmad Al-Sabah had always reaffirmed commitment to the constitution, saying at a parliamentary session on October 26, 2010 that the constitution was the haven of democracy. The late Amir Sheikh Nawaf Al-Ahmad Al-Sabah reiterated this pledge and said the constitution protected the country from crises.
The late Amir, at a special parliamentary session to take the constitution oath as head of state on September 30, 2020, said, "We reaffirm our commitment to our democracy and are proud that Kuwait is a state of law and institutions... .” His Highness the Amir Sheikh Mishal Al-Ahmad Al-Jaber Al-Sabah expressed determination to preserve the constitution from malpractices in a drive to safeguard democracy. In a speech on May 10 this year, His Highness the Amir announced dissolution of the National Assembly (parliament) and suspension of some articles of the Constitution for no more than four years, pending "revision of the democratic process in its entirety.”
He said, "We, as entrusted with looking after this state and its people, had to offer counseling and guidance once and again in order to get out of these conditions with the least possible losses." Unfortunately, we have faced some unimaginable, unbearable difficulties and impediments. Some people attempted resolutely to shut down every way out of the bitter reality. "We were left with no option other than taking this hard decision to rescue the country and protect its higher national interests and resources,” His Highness the Amir explained.
"Therefore, we decided to dissolve the National Assembly and suspend some constitutional articles for no more than four years,” His Highness the Amir explained. "During this period, all aspects of the democratic process will be studied, and the outcomes of the study will be tabled to us for revision. We then will take whatever decisions we might deem appropriate,” he added. — KUNA