Author: Sai Ramani Garimella,
Faculty of Legal Studies (FLS),
South Asian University, New Delhi, India
– Mohammad Rubaiyat Rahman
Author is pursuing LL.M. in South Asian University (SAU) and an awardee of SAU President Scholarship (2012-2014).
Author’s SSRN Link:
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The year 2014 would be a glittering year for Afghanistan for motley of reasons. The upcoming Afghan Presidential Election, the withdrawal of international troops are not only events to make this year memorable, rather it is the 10th anniversary of the Constitution of Afghanistan that has gilt edged the year 2014 as memorable in the country’s recent history. Afghanistan is the platform where three cultural and geographic regions meld: (1) The South Asia region to the south east; (2) Central Asia to the north; and (3) the Iranian Plateau in the west. To measure the position of Afghanistan in the orb of international relations, Thomas Barfield aptly opines in the introductory part of his book:
“… Afghanistan itself remains just the vague backdrop in a long running international drama where others hold the sparking parts. ”
Plumbing through the legal history of Afghanistan, one would find the subliminal but preen history of the constitutional law of Afghanistan. First constitution was passed in 1931. Later, through the maelstrom of political events, national parliamentary body, formed by coalition of religious conservatives, passed a new constitution in 1964 which created a constitutional monarchy and a bicameral legislature. Following the overthrow of the constitutional drafting commission was charged with writing a new constitution for the country. On 4 January 2004, the Afghan National Assembly ratified the new constitution. Its framers (35 member team who took a year to prepare it) characterized it as a meld of the best of international standards as applied to an Islamic republic.