The Supreme Court
The Supreme Court constitutes the highest
authority of the judiciary of the Islamic Republic of Afghanistan.
The Supreme Court shall be composed of nine persons appointed
by the president in an agreement with Wolusi Jirga (house
of people) in accordance with article one hundred seventeen
and one hundred eighteen of the Constitution. The president
shall appoint one of the members as the chief of the Supreme
Court.
According to articles 24 and 29 of Law on Organization and
Jurisdiction of Courts, the duties and judicial and administrative
powers of the Supreme Court are defined as the following:
A) Judicial powers and duties of the Supreme
Court:
The Supreme Court shall have the following jurisdictions and
duties within the scope of interpretation of laws and judicial
issues:
1) Assessment on conformity of laws, decrees, legal documents,
international contracts and conventions with the Constitution
and their interpretation based on the government or courts
demand in accordance with law.
2) Propose for draft law on regulating the judicial affairs
to the national assembly through government.
3) Revising the rulings of courts due to presence of new reasons
based on complaint by the AGO or by party to the claim according
to the mentioned provisions and arrangement in the law.
4) resolving Courts’ Conflict of Jurisdiction and submitting
jurisdiction of resolving a case from one court to the other
based on proposal by the AGO or party to the claim when reasonable
grounds arise.
5) Studying reasons and making decision on extraditing criminals
to foreign states in accordance with law.
6) Studying reasons of a charge made and making decision on
submitting the Afghan citizen to the foreign state in the
light of article 28 of the Constitution.
7) Ensuring uniformity in judicial treatment.
8) Taking measures on criminal and disciplinary offences by
judges.
9) Evaluating the courts inquiries on judicial issues and
providing responses accordingly.
B) Administrative Duties and jurisdictions
of Supreme Court:
(1) The Supreme Court shall have the following
duties and jurisdictions in its relevant administration affairs:
1. Prepare the budget for the judiciary in
consultation with the government
2. lead and control the administrative activities of courts
of Islamic Republic of Afghanistan
3. Approve rules and regulations to regulate matters concerning
judicial and administration of courts.
4. Evaluate the results of judicial scrutiny and studies and
taking measures to remove defects and coordinate courts’ procedures.
5. Propose on the appointment of judges and judicial advisors
to the president’s office according to provisions of this
law.
6. Propose on the appointment, transfer, upgrading, extension
of the appointments’ duration and retirement of judges according
to the provisions of this law.
7. Propose on the establishment of courts and legal document
registration directorates, and their specification of judicial
and administration jurisdiction to the president’s office.
8. Implement the budget of the judiciary.
9. Providing necessary facilities for the courts’ activities.
10. Holding judicial practice course.
11. Taking appropriate measures for enhancing the knowledge
and experiences of judges.
12. Monitor performances and activities of employees of judicial
authority.
13. Prepare annual statistic report of all courts judicial
activities.
14. Other duties and jurisdictions which are delegated to
Supreme Court according to this law and all other laws.
(2) The powers set forth in clause one of
this article shall be implemented through the General Administration
Office of the Judiciary.
Judicial System
