CONSTITUTION
PART ONE . THE STATE
Article 1. The Arab Republic of Egypt is a Socialist Democratic
State based on the alliance of the working forces of the people. 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. Arabic is its official language, and the
principal source of legislation is Islamic Jurisprudence (Sharia).
Article 3. Sovereignty is for the people alone who will practise and
protect this sovereignty and safeguard national unity in the manner
specified by the Constitution
Article 4. The economic
foundation of the Arab Republic of Egypt is the socialist democratic
system based on sufficiency and justice, in a manner preventing
exploitation, narrowing the gap between incomes, protecting legitimate
earnings and guaranteeing justice in the distribution of public
responsibilities and expenditures .
Article 5. The
political regime of the Arab Republic of Egypt is based upon the
multi-party system within the framework of the basic principles and
components of the Egyptian society stipulated by the Constitution .
Political parties shall be organized by law .
Article 6.
Egyptian Nationality is defined by law
PART TWO . BASIC CONSTITUENTS OF THE SOCIETY
CHAPTER
I . Social and Moral Constituents
Article 7.
Social solidarity is the basis of society
Article 8. The
State shall guarantee equality of opportunity to all Egyptians .
Article 9. The family is the basis of the society founded on
religion, morality and patriotism. The State is keen to preserve the
genuine character of the Egyptian family- with all values and traditions
represented by it- while affirming and promoting this character in the
interplay of relations within the Egyptian society.
Article
10. The State shall guarantee the protection of motherhood and
childhood, look after children and youth and provide the suitable
conditions for the development of their talents.
Article
11. The State shall guarantee coordination between woman’s duties
towards her family and her work in the society, considering her equal to
man in the political, social, cultural and economic spheres without
detriment to the rules of Islamic jurisprudence (Sharia).
Article 12. Society shall be committed to safeguarding and
protecting morals, promoting the genuine Egyptian traditions and abiding
by the high standards of religious education, moral and national values,
the historical heritage of the people, scientific facts, socialist
conduct and public manners within the limits of the law. The State is
committed to abiding by these principles and promoting them.
Article 13. Work is a right, a duty and an honour ensured by the
State. Distinguished workers shall be worthy of the appreciation of the
State and the society. No work shall be imposed on citizens, except by
virtue of the law, for the performance of a public service and in return
for a fair remuneration.
Article 14. Citizens are
entitled to public offices, which are assigned to those who shall occupy
them in the service of people. The State guarantees the protection of
public officers in the performance of their duties in safeguarding the
interests of the people. They may not be dismissed by other than the
disciplinary way except in the cases specified by the law.
Article 15. War veterans and those injured during wars or because of
them , martyrs’ wives and children shall have priority in work
opportunities according to the law.
Article 16. The
State shall guarantee cultural, social and health services and shall
work to ensure them particularly for villagers in an easy and regular
manner in order to raise their standard .
Article 17.
The State shall guarantee social and health insurance services. All
citizens shall have the right to pensions in cases of incapacity,
unemployment, and old-age in accordance with the law.
Article 18. Education is a right guaranteed by the State. It is
obligatory in the primary stage. The State shall work to extend
obligation to other stages. The State shall supervise all branches of
education and guarantee the independence of universities and scientific
research centers, with a view to linking all this with the requirements
of society and production.
Article 19. Religious
education shall be a principal subject in the courses of general
education.
Article 20. Education in the State:
Educational institutions shall be free of charge in their various
stages.
Article 21. Combating illiteracy shall be a
national duty for which all the people’s capacity shall be mobilized.
Article 22. The institution of civil titles shall be prohibited
CHAPTER II . Economic Constituents
Article 23. The
national economy shall be organised in accordance with a comprehensive
development plan which ensures raising the national income, fair
distribution, raising the standard of living, solving the problem of
unemployment, increasing work opportunities, connecting wages with
production, fixing a minimum and maximum limit for wages in a manner
that guarantees lessening the disparities between incomes
Article 24. The people shall control all means of production and
direct their surplus in accordance with development plan laid down by
the State.
Article 25. Every citizen shall have a share
in the national revenue to be defined by law in accordance with his work
or his unexploiting ownership .
Article 26. Workers
shall have a share in the management and profits of projects . They
shall be 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 the small farmers and small craftsmen 80%of the
membership on the boards of directors of the agricultural and industrial
co-operatives.
Article 27. Beneficiaries shall
participate in the management of the services projects of public
interest and their supervision in accordance with the law .
Article 28. The State shall look after the co-operative
establishments in all their forms and encourage handicrafts with a view
to developing production and raising income . The State shall endeavour
to support agricultural co-operatives 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 ownership, co-operative ownership and
private ownership.
Article 30. Public ownership is the ownership of the people and
it is confirmed by the continuous support of the public sector. The
public sector shall be the vanguard of progress in all spheres and shall
assume the main responsibility in the development plan.
Article 31. Co-operative ownership is the ownership of the
co-operative societies. The law shall guarantee its protection and
self-management.
Article 32. Private ownership shall be
represented by the unexploiting capital. The law shall organize the
performance of its social function in the service of the national
economy within the framework of the development plan, without deviation
or exploitation. The ways of its utilization should not contradict the
general welfare of the people.
Article 33. Public
ownership shall have its sanctity. Its protection and support shall be
the duty of every citizen in accordance with the law as it is considered
the mainstay of the strength of the homeland, a basis for the socialist
system and a source of prosperity for the people.
Article
34. Private ownership shall be safeguarded and may not be placed
under sequestration except in the cases defined by law and in accordance
with a judicial decision . It may not be expropriated except for the
general good and against a fair compensation as defined by law. The
right of inheritance shall be guaranteed in it .
Article 35.
Nationalization shall not be allowed except for considerations of public
interest and in accordance with a law and against a compensation.
Article 36. General confiscation of funds shall be prohibited .
Private confiscation shall not be allowed except by a judicial decision.
Article 37. The law shall fix the maximum limit of land ownership
with a view to protecting the farmer and the agricultural labourer from
exploitation and asserting the authority of the alliance of the people’s
working forces in villages.
Article 38. The tax system
shall be based on social justice
Article 39. Saving is a
national duty protected, encouraged and organized 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 due to sex, ethnic origin,
language, religion or creed.
Article 41.
Individual freedom is a natural right not subject to violation except in
cases of flagrante delicto. No person may be arrested, inspected,
detained or have his freedom restricted in any way or be prevented from
free movement except by an order necessitated by investigations and the
preservation of public security. This order shall be given by the
competent judge or the Public Prosecution in accordance with the
provisions of the law.
Article 42. Any citizen arrested,
detained or whose freedom is restricted shall be treated in a manner
concomitant with the preservation of his dignity. No physical or moral
harm is to be inflicted upon him. He may not be detained or imprisoned
except in places defined by laws organizing prisons. If a confession is
proved to have been made by a person under any of the aforementioned
forms of duress or coercion, it shall be considered invalid and futile .
Article 43. Any medical or scientific experiment may not be
performed on any person without his free consent
Article 44. Homes shall have their sanctity and they may not be
entered or inspected except by a causal judicial warrant as 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 their secrecy shall be guaranteed. They may not be
confiscated or monitored except by a causal judicial warrant and for a
definite period and according to the provisions of the law.
Article 55. Citizens shall have the right to form
societies as defined by law. The establishment of societies whose
activities are hostile to the social system, clandestine or have a
military character shall be prohibited.
Article 56. The
creation of syndicates and unions on democratic basis shall be
guaranteed by law and shall have a legal person. The law regulates the
participation of syndicates and unions in carrying out the social plans,
and programmes raising the standard of efficiency, consolidating
socialist behaviour among their members, and safeguarding their funds.
They are responsible for questioning their members about their behaviour
in exercising their activities according to certain codes of morals, and
for defending the rights and liberties of their members as defined by
law.
Article 57. Any assault on individual freedom or on
the inviolability of the private life of citizens and any other public
rights and liberties guaranteed by the Constitution and the law shall be
considered a crime, whose criminal and civil lawsuit is not liable to
prescription. The State shall grant a fair compensation to the victim of
such an assault.
Article 58. Defence of the motherland
is a sacred duty and conscription shall be obligatory in accordance with
the law.
Article 59. Safeguarding, consolidating and
preserving the socialist gains shall be a national duty.
Article 60. Safeguarding national unity and keeping State secrets
shall be the duty of every citizen.
Article 61. Payment of
taxes and public imposts is a duty as defined by law.
Article 62.
Citizen shall have the right to vote, nominate and express their opinions in
referenda according to the provisions of the law. Their participation in
public life is a national duty.
Article 63. Every
individual shall have the right to address public authorities in writing
and with his own signature. Addressing public authorities should not be
in the name of groups with the exception of disciplinary organs and
legal person .
PART FOUR . SOVEREIGNTY OF THE LAW
Article 64. The Sovereignty of the law is the basis of State rule.
Article 65. The State shall be subject to law. The independence and
immunity of the judicature are two basic guarantees to safeguard rights
and liberties.
Article 66. Penalty shall be personal.
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 them.
Article 67. Any defendant is innocent until he is proved guilty
before a legal court, in which he is granted the right to defend himself
. Every person accused of a crime must be provided with counsel for his
defence.
CHAPTER I .The Head of the State
Article 73. The Head of the State is the President of the Republic .
He shall assert the sovereignty of the people, respect for the
Constitution and the supremacy of the law.
He shall safeguard
national unity and the socialist gains and maintain the limits between
authorities in a manner to ensure that each shall perform its role in
the national action.
Article 74. If any danger threatens
the national unity or the safety of the motherland or obstructs the
constitutional role of the State institutions, the President of the
Republic shall take urgent measures to face this danger, direct a
statement to the people and conduct a referendum on these measures
within sixty days of its adoption.
Article 75. The
person to be elected President of the Republic must be an Egyptian born
to Egyptian parents and enjoy civil and political rights. His age must
not be less than 40 Gregorian years.
Article 76. The
People's Assembly shall nominate the President of the Republic. The
nomination shall be referred to the people for a plebiscite. The
nomination to the post of President of the Republic shall be made in the
People's Assembly upon the proposal of at least one third of its member.
The candidate who wins two-thirds of the votes of the Assembly members
shall be referred to the people for a plebiscite.
If none of the
candidates obtains the said majority the nomination process shall be
repeated two days after the first vote.
The candidate winning the
votes with an absolute majority of the Assembly members shall be
referred to the citizens for a plebiscite.
The candidate shall be
considered President of the Republic when he obtains an absolute
majority of the votes cast in the plebiscite.
If the candidate does
not obtain this majority, the Assembly shall nominate another candidate
and the same procedure shall be followed.
Article 77.
The term of the Presidency is six Gregorian years starting from the date
of the announcement of the result of the plebiscite.
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 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 is elected.
Article 79.
Before exercising his powers, the President shall take the following
oath before the People's Assembly.
"I swear by Almighty God 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 amandment in 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 free profession or undertake any
commercial, financial or industrial activity.
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 of the Republic is unable to
carry out his functions, he shall delegate his powers to a
vice-president.
Article 83. In case of resignation, the
President shall address the letter of resignation to the People's
Assembly.
Article 84. In case of the vacancy of the
Presidential Office or the permanent disability of the President of the
Republic, the President of the People's Assembly shall temporarily
assume the Presidency; and, if at that time, the People's Assembly is
dissolved, the President of the Supreme Constitutional Court shall take
over the Presidency, however, on condition that neither one shall
nominate himself for the Presidency.
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 of the vacancy of the Presidential Office.
Article 85.
Any charge against the President of high treason or of committing a
criminal act shall be made upon a proposal by at least one-third of the
members of the People's Assembly.
No impeachment shall be issued
except upon the approval of a majority of two-thirds of the Assembly
members.
The President shall be suspended from the exercise of his
duty as from the issuance of the impeachment.
The Vice-President
shall take over the Presidency temporarily until the decision concerning
the impeachment is taken.
The President of the Republic shall be
tried by a special tribunal set up by law.
The law shall also
organise the trial procedures and define the penalty.
If he is found
guilty, he 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 general policy of the State, the general plan of
economic and social development and the general 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 which one half at least must be workers and
farmers elected by direct secret public balloting.
The definition of
the worker and the farmer shall be made by law.
The President of the
Republic may appoint a number of members not exceeding ten.
Article 88. The necessary conditions stipulated in the members of
the People's Assembly shall be defined by law.
The rules of election
and referendum shall be determined by law, while the ballot shall be
conducted under the supervision of members of a judiciary organ.
Article 89. Employees of the State and of the public sector nominate
themselves for membership in the People's Assembly.
The member of the
people's Assembly shall devote himself to membership in the Assembly
except in cases specified by 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 God Almighty, that I shall preserve the safety of the nation
and the Republican regime, shall attend to the interests of the people
and shall respect the Constitution and 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 its members.
A Court of
Causation shall be competent to investigate the validity of contestation
presented to the Assembly, on being referred to it by the President of
the Assembly.
The contestation shall be referred to the Court of
Cassation within fifteen days as from the date on which the Assembly was
informed of it, while the investigation shall be completed within ninety
days from the date on which the contestation is referred to the Court of
Cassation.
The result of the investigation and the decision reached
by the Court shall be submitted to the Assembly to decide upon the
validity of the contestation within sixty days from the date of
submission of the result of the investigation to the Assembly.
The
membership will not be deemed invalid except by 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, a
successor shall be elected or appointed to it, within sixty days from
the date of the communication to the Assembly of the occurrence of the
vacancy.
The term of the new member shall extend until the end of the
term of his predecessor.
Article 95. No member of the
People's Assembly shall, during his mandate, purchase or rent any State
property; or lease or sell to the State or barter with it regarding any
part of his property, or conclude a contract with the State in his
capacity as entrepreneur, importer or contractor.
Article
96. No membership in the People's Assembly shall be revoked except
on the grounds of loss of confidence or status or of one of the
conditions of membership, or the loss of the member's status as a worker
or farmer upon which he was elected or the violation of the member's
mandate.
The membership shall be deemed invalid on the grounds of a
decision taken 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 censured for any opinions or thoughts expressed by
them in the performance of their tasks in the Assembly or its
committees.
Article 99. No member of the People's
Assembly shall be subject to a criminal prosecution without the
permission of the Assembly except in cases of flagrant delicto.
If
the Assembly is not in session, the permission of the President of the
Assembly must be taken.
The Assembly must 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, it may meet another city, at the request of the President
of the Republic or the majority of the Assembly members.
Any meeting
of the Assembly in other than its designated seat is illicit and the
resolutions passed in it 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 it is not convoked, the Assembly shall meet,
by force of the Constitution, on the said day.
The session of the
ordinary meeting 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 president
and a vice-president for the term of the session.
If the seat of
anyone of them is vacated, the Assembly shall elect a replacement, whose
term will last until the end of his predecessors term.
Article 104. The People's Assembly shall lay down its own rules of
procedure organising the manner of the fulfilment of its tasks.
Article 105. The people's Assembly alone shall be entitled to
preserve 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 public.
However, a meeting in camera
may be held at the request of the president of the Republic or of the
government or of its Prime Minister or at least twenty of its members.
The Assembly shall then decide whether the debate on the question
submitted to it shall take place in a public meeting or in a meeting in
camera.
Article 107. The meeting of the Assembly shall
be considered invalid if the majority of its members are not present.
The resolution of the Assembly shall be adopted by an absolute majority
of the attending members, in cases other than those for which a specific
majority is required.
Every Article of the draft laws shall be put to
a vote.
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 or
in exceptional cases and on the authorisation 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 authorisation must be for a
limited period of time during which the subjects of the resolutions and
the grounds upon which they are based, must be determined.
The
resolutions must be submitted to the People's Assembly in the first
meeting after the end of the authorisation period.
If they are not
submitted or if they are submitted and 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
will study it and submit a report concerning it.
Draft laws presented
by members of the People's Assembly shall not be referred to this
committee unless they are first referred to a special committee which
will study them and give an opinion on the suitability of their
consideration by the Assembly and after the Assembly decides to consider
them.
Article 111. Every draft law proposed by a member
and rejected by the Assembly cannot be presented again in the course of
the same session.
Article 112. The president of the
Republic shall have the right to promulgate laws or object to them.
Article 113. If the President of the Republic objects to a draft law
ratified by the People's Assembly he shall refer it back to the Assembly
within thirty days from the Assembly's communication of it.
If the
draft law is not referred back within this period, it is considered a
law 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 general plan
for economic and social development.
The manner of the preparation of
the plan and of its submission to the people's Assembly shall be
determined by law.
Article 115. The draft general
budget shall be submitted to the people's Assembly at least two months
before the beginning of the fiscal year.
It shall be considered in
effect after approval.
The draft budget shall be voted upon title by
title and shall be promulgated by a law.
The people's Assembly may
not effect any modification in the draft budget except with the approval
of the government.
In case the ratification of the new budget does
not take place before the beginning of the fiscal year, the old budget
shall be acted on pending such ratification.
The manner of the
preparation of the budget as well as the determination of the fiscal
year shall be determined by law .
Article 116. The
approval of the people's Assembly shell be considered necessary for the
transfer of any funds one title of the budget to another title, as well
as for any expenditure not included in it or excess of its estimates,
and this shall be issued by a law.
Article 117. The
provisions regulating the budgets and accounts of public organisations
and organisms 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 one year from the date of the
expiration of the fiscal year.
It shall be voted-upon title by title
and issued by a law.
The annual report of the Central Agency for
Accounting and its observations must be submitted to the People's
Assembly.
The Assembly has the right to demand from the Central
Agency for Accounting any data or other pertinent reports.
Article 119. The imposition, modification or abolition of general
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 law.
No one may be asked 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.
Article l21. The Executive
Authority shall not contract a loan or bind itself to a project
entailing expenditure of funds from the State Treasury in the course of
a subsequent period, except with the approval of the People's Assembly.
Article 122. The rules governing the granting of salaries, pensions,
indemnities, subsides and bonuses from the state Treasury shall be
determined by law which shall also regulate the cases excepted from
these rules, and the authorities charged with their application.
Article 123. The rules and procedures for granting concessions
relating to investment of the sources of natural wealth and of public
utilities shall be determined by law; disposal, free of charge, of real
estate properties belonging to the State or the ceding of moveable
properties of the State and the rules and problems relating to them
shall also be determined by law.
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 jurisdiction.
The Prime
Minister, his deputies, the Ministers and the persons they delegate on
their behalf shall answer the questions put to them by members.
The
member may withdraw his question at any time; 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 Inteprellations to the Prime Minister or his deputies or the
Ministers or their deputies concerning matters within their
jurisdiction.
Debate on an interpllation 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 should 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.
CHAPTER III -The Executive
CHAPTER IV - The Judiciary Authority
CHAPTER V - The Supreme
Constitutional Court
CHAPTER VI - The Socialist Public
Prosecutor
CHAPTER VII - The Armed Forces and The National
Defense Council
CHAPTER VIII - The Police