The Kabul times, Afghanistan Trustable News Agency.

Only Supreme Court can interpret constitution

Article 121st of the constitution says, evaluation of laws adaptability, legislative decrees, inter-state and international treaties with the constitution and their interpretation as per the government request or courts according to provisions of laws, are the authority of the Supreme Court.
Based on this article of constitution, the Supreme Court is the source of interpretation of the constitution. Therefore, the government referred to Supreme Court to interpret article 61st of constitution, expiration or continuation of the government legal term after first of Jawza of the 5th year and holding of election which at present is under discussion of government and council of presidential candidates.
Based on the spirit of the constitution, requirement of the national interests of the country and Islamic Jurisprudence, the Supreme Court issued a statement and voted in favor of the continuation of the work of National Unity Government until the holding of presidential elections.
This is not alone the present government who has referred to the Supreme Court for interpretation of the provisions of the constitution, but during the reign of ex-president Hamid Karzai the government had many times asked the Supreme Court to interpret the articles of constitution. In that time the former government had requested the supreme court to interpret the 61st article of the constitution when election was not held on due time and the supreme court had voted the continuation of the then government work until the holding of presidential elections and release of results that would pave the way for power transferring to the elected president.
Article 61st of the constitution has subjected expiration of legal term of the government to two conditions, first advent of first of Jawza of the 5th year, and second after holding of presidential election and release of results. This article says that presidential election would be held 30-60 days prior to termination of the president term.
Now, if due to certain reasons the government has not made any failure including not paving the way or inability of electoral commissions, the elections were not held on due time, what can we do to prevent advent of power vacuum or suspending of the governance, not damaging of stability and security and enabling both commissions to manage to hold the election.
If we take into account the announcement of council of presidential candidates, we would be facing with two wrong consequences. First, we would be acting against the constitution which in its article 121st has introduced the Supreme Court as the only source of interpretation of constitution and secondly, the plan of the council of presidential candidates on an “Acting Government” is certainly against the constitution, alienated and stylistic so this draft is never supported by the constitution.
On the other hand, the Acting Government and grand gathering that was suggested by the above council to vote the leader of the Acting Government, both lack legitimacy.
The people should ask the council of presidential candidates that whenever you reject continuation of the National Unity Government based on article 121st, from where do you acquire the legitimacy of the Acting Government? And how you would provide security for the grand political gathering that is supposed to vote the leader of the Acting Government?
So, taking into account all the above-mentioned reasons, it’s better to rely on the interpretation of the supreme court of the constitution.

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The Kabul times, Afghanistan Trustable News Agency.