Council Proceedings

- Legislative Affairs
- Draft Bills and Law Proposals
- Law Decrees
- International Conventions and Agreements
- Political Affairs
- Financial Affairs

Section I

Legislative Affairs

Part I

Draft Amendments of the Constitution

Article (87)

The Head of Parliament shall inform the Chairman of Shura Council of what has been concluded by the parliament regarding the letter referred thereto by the Prime Minister, containing the royal decree in demand of amendment of the constitution in accordance with the provisions of articles (35) and (120) thereof.

The letter of the Head of Parliament shall include the determination of the articles of the constitution required to be omitted or added, or whose provisions are required to be changed, and it shall be enclosed with the letter an amendment request and an explanation of the necessitating justifications therefore, and the report of the parliament in regard thereto.

The Council Chairman shall order to print the letter of the Head of Parliament regarding the amendment and the report enclosed therewith, within twenty four hours of the time of its arrival to the council, and shall furthermore order the distribution thereof among all members.

Article (88)

The Shura Council shall convene a private session within a week of the date of arrival of the letter of Head of Parliament regarding the amendment of constitution and the report enclosed therewith to the Council Chairman.

The council chairman shall present a statement in explanation of the amendment request and the report of the parliament in regard thereto before he resolves the referral thereof the committee of legislative and legal affairs to prepare a report thereabout within fifteen days of the referral date thereto. The committee shall include in its report its opinion in the principle of amendment, and the wording that has been approved by the parliament for the draft bill of the articles proposed to be amended or added in case of its approval of the principle of amendment.

The committee’s report proposal shall be recited thereon in a session attended by at least two thirds of its members prior to the submission thereof to the council. Furthermore, it is required the approval of the committee in its majority of its members on the proposal of its report after its discussion thereof.

Article (89)

The council shall specify a session for the consideration of the report of the committee of legislative and legal affairs regarding the amendment of the constitution within the following fifteen days for the submission thereof to the council chairman, enclosed therewith the text of amendment request and the justifications therefore, and the report concluded by the parliament.

The committee report shall be recited at the council prior to the discussion thereof. The council shall issue its approval of the amendment by a two-thirds majority of its members, and in this case, voting is conducting through calling by name.

Article (90)

If the draft amendment of the constitution has been submitted by the council members in accordance with article (92) of the constitution, the draft amendment must contain a determination of the article of the constitution required to be deleted or added, or whose provisions are required to be changed, provided that the amendment request shall be enclosed with a statement of the necessitating justifications thereof.

Requests submitted by a number less than the resolved constitutional quorum are kept, and the council chairman shall inform the submitters of such requests of such action in written form.

The council chairman shall present the request submitted in suggestion of amendment within seven days of the submission date thereof to the committee of legislative and legal affairs to prepare a report regarding the principle of amendment and the subjects thereof. The report is presented to the council, and opinion is taken thereon through calling by name. If the council approves the principle of amendment and the subjects thereof by a majority of two thirds of its members, the draft amendment is referred to the government to set out a proposal scheme for amendment of the constitution, and then refer it to the parliament.

Article (91)

The Shura Council shall hold a private session within fifteen days of the incoming date of the draft amendment of the constitution, prepared by the government, enclosed with the report of the parliament. The draft amendment and the report shall be recited prior to the discussion thereof. The council’s resolution is approval of the amendment is issued in accordance with the provisions mentioned in article (89) hereof. The council may resolve to refer the draft amendment and the report of the parliament to the committee of legislative and legal affairs prior to taking a decision in regard thereto.

Draft Bills and Law Proposals

Article (92)

Law proposals are submitted by council members to the chairman thereof, worded and specific as far as possible, and accompanied by an explanatory memorandum that includes determining the constitutional texts concerning the proposal and the basic principles relied on and the objectives achieved thereby. A law proposal may not be signed by more than five members.

Article (93)

The council chairman may inform the submitter of the proposal in written form of the proposal’s violation of the constitution, its non-compliance to the required form, or the presence of provisions included by the articles thereof in valid laws, and may ask him to correct or withdraw the proposal.

If the member insists on his opinion, he shall submit a written memorandum to the council chairman, containing his point of view, within one week from the date of his being informed. The chairman shall present the matter to the council bureau.

The chairman shall inform the member in written form of what the bureau resolves in this regard. If the member insists on his point of view within one week thereof, the chairman shall present the matter to the council.

Article (94)

The chairman shall refer the law proposal to the competent committee to give opinion in the idea thereof, and the committee may take the opinion of the submitter of the proposal prior to setting out its report in regard thereto. The committee shall prepare a report presented to the council including opinion to permit, reject or suspend consideration of the proposal. The committee may advise the council to reject the proposal for reasons concerning the subject in general. If the council agrees to consider the proposal, it shall refer the same to the government to set out a draft bill therefore.

For each law proposal submitted by one of the members and rejected by the council, it may not be submitted again by any member within the same commencement term.

Article (94 duplicate)

Every member who submits a law proposal, before the competent committee prepares its report in regard to his proposal referred thereto, may request the council chairman in written form to postpone the consideration of the proposal by the competent committee, once, and for a duration not exceeding thirty days of the submission date of adjournment, with his justifications therefore. The proposal submitter may request to proceed in the study of his proposal during such period, otherwise the request of adjournment submitted thereby is deemed a withdrawal of his proposal in accordance with article (15) hereof.

Article (95)

If one of the committees approves a law proposal in increase of expenses, or decrease of revenues, from what is stated in the public budget of the state, it shall refer the same to the committee of financial and economic affairs or its bureau to give opinion thereon. In such cases, the report of the original committee shall include the committee of financial and economic affairs of its bureau.

Article (96)

The chairman shall present to the council draft bills submitted by the government or  proposed by the members and worded by the government in accordance with article (94) hereof in the first next session to the session at which the same has arrived, for consideration of the referral thereof to the competent committees, unless the government demands consideration of the proposal on urgent basis, or the council chairman believes that the same is urgent, whereby the chairman shall refer the same to the competent committee immediately, and the council is informed of this in the first next session with a distribution of the proposal on members, along with the agenda of such session.

Article (97)

If a proposal or a draft bill is submitted in connection to another proposal or draft bill presented to one of these committees, the chairman shall refer the same to such committee and inform the council of this in the first next session.

Article (98)

If multiple proposal or draft bills are submitted in regard to a single subject or topic, the earliest thereof is deemed the original and the others are deemed an amendment to the original.

Article (99)

If the competent committee enters amendments affecting the wording of a draft bill, it may, prior to forwarding its report to the council, refer the same, after the approval of the council chairman, to the committee of legislative and legal affairs or its bureau, to give its opinion in the wording of the draft bill and the coordination of its articles and provisions during the period determined by the council chairman. The committee shall refer in its report to the opinion of the committee of legislative and legal affairs or its bureau.

Article (100)

At the beginning of each ordinary commencement term, committees shall resume its investigation and study of draft bills available thereat by themselves automatically without the need of a new referral thereto.

On the occurrence of a ministerial change, the Prime Minister may request the Council Chairman to postpone the consideration of all or some of such proposals by the council’s committees, for a duration not exceeding thirty days, so that the government would prepare for the discussion thereof, or take the resolved constitutional procedures for the amendment or return thereof.

In regard to reports of draft bills and the suggestions thereof, which the council has commenced the consideration thereof in a previous commencement term, the consideration of the same shall be resumed according to the status on which they were, unless the council resolves the return thereof to the committee based on the request of the government in accordance with the provisions of the previous article.

Article (101)

The Council Chairman shall inform the Prime Minister, within the fifteen days following the opening of the first commencement term of every legislative chapter, of the draft bills not adjudicated by the previous council.

If the government does not ask the Council Chairman to continue consideration of the said proposals initially submitted thereby, within two months of the notification date thereof to the Prime Minister, such proposals are deemed non-existing.

If the government demands the consideration thereof, the council shall refer the same to the competent committee, whereby the committee may deem the opinion concluded by the prior committee sufficient, should it had already prepared a report in regard thereto.

Article (102)

The council shall discuss draft bills during a single conversation. Nevertheless, a second conversation may be held in accordance with the provisions mentioned herein.

Article (103)

The discussion of draft bills shall begin by recitation of the original proposal, the report of the competent committee and the amendment included therein, unless the council deems it sufficient to distribute some or all of such documents with the recording thereof within the representation. The word at the time of discussion of the proposal shall be given to the committee resolver, then to the government and then to the members.

Conversation begins by the discussion of the general principles and bases of the proposal in total. Should the council disapprove the proposal in principle, such disapproval is considered a rejection of the same.

If the council approves the proposal in principle, it shall proceed further to the discussion of its articles one by one after reciting each article and the suggestions submitted in regard thereto. Opinion shall be taken on each article separately, and then opinion shall be taken on the proposal in entirety.

Article (104)

On consideration of a draft bill, every member may suggest amendment by addition to, deletion from or division of articles of in regard to the amendments presented. An amendment shall be submitted in written form at least forty eight hours prior to the session at which the articles included by such amendment are to be considered, so that the same is circulated among the members.

By approval of the council, an amendment submitted immediately prior to or during the session may be considered. The council’s decision in consideration or rejection of the same is taken without discussion after hearing the proposal submitter, if there is a place therefore. If the council approves the consideration of such amendments, the same shall be presented by the chairman to the council, and he may resolve the investigation of the same immediately or the referral thereof to the competent committee for the investigation thereof and preparation of a report in regard thereto.

Article (105)

The competent committee shall be informed of the essential amendments submitted by the members prior to the determined session for the consideration of the proposal before the council for the investigation thereof. The resolver shall explain the opinion of the committee thereabout during discussion in the session. The amendment proposal shall be determining and worded.

The government and the committee resolver may request the referral of the amendment, proposed during the council’s session, to the committee. Such request shall be satisfied if the amendment proposal was essential and has not been previously considered.

Article (106)

If the council resolves to refer the proposed amendment to the committee, it shall submit its report at the time determined by the council. If such amendment has an effect on the remainder of the proposal’s articles, the consideration thereof is adjourned till the committee completes its work in regard thereto. Otherwise, the council may continue the discussion of the remainder of the articles. The amendment are deemed as if not existing, and shall not be presented for the discussion thereof, should the submitters thereof waive the same without being adopted by one of the members.

Article (107)

After completion of the discussion of an article and the amendments submitted in regard thereto, opinion shall be firstly taken on amendments, whereby the chairman shall being with the amendments of widest extent and which are the farthest from the original text, then opinion is taken on the article in its entirety.

Article (108)

If the council resolves a sanction in one of the articles in amendment of an article previously approved thereby, it may revert back to the discussion of the same. The council may, upon the request of the government, the committee or one of the members, resolve the re-discussion of an article previously approved thereby should new reasons arise therefore, prior to the end of conversation regarding the proposal.

Article (109)

The council may, before taking final opinion of the draft bill, and if amendments were made on its texts during the session, refer the same to the competent committee to give its opinion in conjunction with the committee of legislative and legal affairs or its bureau for the wording and coordination of the provisions thereof. The committee to which the proposal is being referred shall submit its report on the time determined therefore by the council.

After that, no discussion may be held regarding the proposal except a discussion concerning the wording thereof.

Article (110)

A second conversation shall be held regarding some articles of the draft bill if a written request therefore is submitted to the council chairman by the government, committee chairman, its resolver or at least five members, before the session or the time appointed for taking final opinion on the draft bill. It shall be explained within the request the article or the articles required to be re-discussed and amended along with the reasons and justifications for such amendment, and the reasons and justifications for the amendment and the proposed wording for the articles required to be amended.

Article (111)

In the second conversation, discussion may not be held in other than the proposed amendments which the request has been submitted in regard thereto pursuant to the previous article, then opinion is taken after discussion of the articles proposed to be amended according to their order within the proposal. After this, final opinion shall be taken on the proposal.

Article (112)

The provisions in regard to the amendments submitted in the first conversation shall apply to the amendments submitted during the second conversation.

Article (113)

The council may not approve or reject any subject before it is considered by the competent committee or committees in light of the reports submitted in regard thereto, subject to the special provisions therefore mentioned herein.

Article (114)

Final opinion may not be taken on a draft bill before the expiry of at least four days from the end of conversation in regard thereof. In urgent cases, and by approval of the council, final opinion may be taken on a proposal in the same session at which the same has been approved, after at least one hour of the end of the consideration thereof, unless the majority of council members decide otherwise.

Article (115)

Any person who has submitted a draft bill may return the same by a written request to the council chairman, even during the discussion thereof, wherein such case, the council shall not proceed in the consideration thereof unless if the same was signed by another member or members, or one of the members has requested to proceed in the consideration thereof by a written request submitted thereby to the council chairman.

Article (116)

The law proposals submitted by members whose membership has ceased shall be revoked accordingly, unless if signed by another member or members, except the law proposals which were previously approved by the council and which the council has already resolved the referral thereof to the government for the set out thereof as a draft bill, wherein such case, the wording thereof shall proceed and the same shall be referred to the parliament.

Article (117)

The law proposals which are returned back by the submitters thereof or which are revoked pursuant to the provisions of the previous article may not be resubmitted during the same commencement term of the original submission thereof.

Article (118)

All law proposals are revoked by the end of the legislative section, except the law proposals which were previously approved by the council and which the council has already resolved the referral thereof to the government for setting out the wording thereof. The committees shall resume the consideration of law proposals referred thereto in a previous commencement term, unless the submitters thereof request, in written form, the withdraw thereof during thirty days from the beginning of the new commencement term, and whereby the chairman shall inform the committees of such request.

Article (119)

Should a proposal or a draft bill consist of one article, it shall be sufficient to recite and discuss the same, then to take final opinion thereon at once.

Article (120)

If the King appeals against a draft bill that has been approved by both the Shura Council and the Parliament and rejects the same in accordance with article (35) of the constitution, the chairman shall inform the council of the appeal against the draft bill and the reasons of such appeal. The council shall convene an urgent session for this purpose, and the Prime Minister or whoever is acting on his behalf may give a statement in this regard. The council shall refer such appeal and the data concerning the same in the same session along with the report of the parliament in this regard to the committee of legislative and legal affairs for the study of appealed against proposal, the principles and texts subject of the appeal, the constitutional and legislative reasons thereof as per the conditions and cases. The report of the committee of legislative and legal affairs shall be presented to the council for the consideration thereof on urgent basis. For the approval of the proposal, it must be approved by the majority of the members of both the Shura Council and the Parliament or the National Council.

Law Decrees

Article (121)

The council chairman shall refer law decrees that are issued in implementation of the provisions of article (38) of the constitution, and referred thereto by the Head of Parliament, to the competent committees to give their opinion thereon, and which shall have priority within the council and the committees over any other proceedings.

Article (122)

No suggestions may be submitted in amendment of the texts of any law decree that is issued in accordance with the provisions of article (38) of the constitution.

Article (123)

The procedures for the discussion of the draft bills provided hereunder shall apply in regard to law decrees. The council shall vote on such decrees in approval or rejection thereof.

The council’s resolution in disproval of the law decree is passed by majority of the council members, and such resolution shall be published in the official newspaper.

International Conventions and Agreements

Article (124)

The chairman shall inform the council of the conventions and agreements that are entered under decrees in accordance with the provision of the first paragraph of article (37) of the constitution, supported by the governmental statement accompanying the same. Such statement shall be recited in the first session with depositing the convention or agreement at the council secretariat.

After being informed of the parliament’s ending of consideration of such convention or agreement, the council may give the comment it deems appropriate in such regard, without taking a decision in regard to such convention or agreement itself.

Article (125)

The chairman shall refer to the competent committee the conventions and agreements provided for under the second paragraph of article (37) of the constitution, for the investigation thereof and the submission of a report in regard thereof to the council, whereby the council may approve or reject the same, or postpone the consideration thereof, but it may not amend the texts thereof. In case of rejection or postponement, the Council Chairman shall inform the Prime Minister of a statement that includes the texts or provisions contained by the convention or agreement, and which have lead to the rejection or postponement thereof.

Political Affairs

Questions

Article (126)

Every member of the Shura Council may direct to the ministers written questions of a specific subject or topic in enquiry of the matters falling within their competencies, and to enquire about a matter unknown by such member, or to verify the occurrence of an incident that such member has become aware of. A question may not be signed by more than one member, and it may not be directed to more than one minister.

Article (127)

A question must be signed by the submitter thereof, written clearly and concisely as far as possible, subject-specific, concerning a matter of public significance and not concerning a special interest of the questioner or his relatives till the fourth degree or one of his principals. The question must be limited to the matters sought to be enquired about with no comment thereon, and shall not include inappropriate statements or statements that insult or compromise the dignity of persons or bodies or that adversely affect the highest interest of the country. The question shall not be concerning matters not falling within the competency of the minister to whom the same is being directed, and shall not include the request or demand of information or statistics not related to the subject of the question. If a question is not in compliance with these terms, the council bureau may eliminate the same upon on the referral of the chairman, while informing the questioning member of such action. Should such member be unsatisfied of the bureau’s point of view and appeals on the same within one week of the date he is informed thereof, the matter is presented to the council for the adjudication thereof without discussion prior to taking the procedures provided for in the following article.

Article (128)

Requests of directing questions are restricted according to their incoming dates in a special register for this purpose, and the council chairman shall direct the question which is in compliance with the provisions of the previous article to the intended minister within ten days of the submission date thereof. The minister shall answer the question in written form within a maximum period of fifteen days from the date on which he is informed of such question.

Article (129)

The chairman shall inform the question submitter of the answer on his question immediately following the arrival thereof, and both the question and its answer shall be entered agenda of the first following session of such informal. It shall be further entered in the agenda the question which the minister has not answered within the time determined therefore in the previous article, so that the same shall be answered verbally in the council. A minister may request to postpone answering a question to a time not exceeding seven days, whereby his request shall be satisfied. Postponement may not be given in excess of this duration without a council sanction issued for such purpose.

Article (130)

Ministers may not be informed of the questions connected to subjects referred to the council committees, before the committee submits its report to the council. Should the committee delay from the time appointed therefore, then such question shall be informed to the minister. No questions may be informed to the ministers before the ministry presents its program, unless if related to a subject of special and urgent importance, and after the approval of the council chairman. A member may not submit more than one question within one month. The questions submitted in a single subject or in subjects strongly correlated to each other shall be consolidated together when informed to the ministry for answering the same.

Article (131)

When question that has been entered in the agenda is presented and ought to be answered, the questioning member may declare the sufficiency of the answer, whereby the investigation of such subject is closed, or express his desire to speak, whereby he is given alone the right to comment briefly on the minister’s answer. The minister may furthermore comment on this verbally or in written form.

Article (132)

The government may, by itself or on the occasion of a question directed to one of its ministers, request the discussion of a certain subject concerning the general policy of the state to obtain the opinion of the council thereon or to give data in regard thereto.

Article (133)

The previous procedures of questions shall not apply to the questions directed to the ministers during the discussion of the budget or any subject raised to the council. After being permitted to speak, members may direct such questions within the session, verbally, provided that there shall exist therein the terms provided under articles (136) and (137) hereof, and that such shall be connected to the subject raised to the council.

Article (134)

After finalization of the subject of the incoming papers and letters referred thereto in the third paragraph of article (50) hereof, half an hour is allocated for questions and answering them. Should anything remain, it shall be listed in the agenda of the following session, unless the council decides otherwise. It shall not be required for a quorum to exist during the presentation of questions and answering them, as long as such quorum has existed at the beginning of the session.

Article (135)

A member may return back (withdraw) his question at anytime.

Article (136)

A question is revoked by the cessation of the capacity of its submitter or the person to whom the same is directed, or by the expiry of the commencement term during which such question has been submitted.

Financial Affairs

Public Budgets and the Closing Accounts thereof

Article (137)

The Chairman of Shura Council shall refer the budget draft bill to the committee of financial and economic affairs, immediately following the referral of the same thereto by the Head of Parliament, and the council shall be informed of this on the first following session.

Article (138)

The committee of financial and economic affairs shall submit to the council a report which includes a general presentation of the basis on which the budget proposal relies, and an appropriate statement of each part thereof with mentioning the comments and suggestions included by the report of the parliament or submitted by the council members or the committee itself, within a time not exceeding six weeks from the referral date of the proposal to the committee. Should such grace period expire without the committee has submitted the said report, the reasons for such failure shall be explain to the council, whereby the council may grant the committee another grace period not exceeding two weeks. Should the committee yet fail to submit its report during such grace period, the council may discuss the budget draft bill on the situation it has arrived on from the Head of Parliament.

Article (139)

The consideration of the budget at the Shura Council and the committees thereof shall be on urgent basis, and the committee of financial and economic affairs shall refer the parts its completes the investigation thereof to the council for the subsequent consideration thereof.

In regard to the budget draft bill, the provisions mentioned in article (191) hereof shall apply.

Article (140)

The discussion of the budget at the Shura Council shall be on the basis of the division mentioned therein into parts. Budget may be prepared for more than one financial year. None of the public revenues may be allocated for a certain purpose of expenditure without a law legalizing doing the same.

Article (141)

Each amendment proposed by the committee of financial and economic affairs in regard to the provision included by the budget proposal shall be by agreement with the government thereon, and the committee shall state such expenditure in its report.

Article (142)

Anyone who wishes to talk in a subject concerning a part of the budget shall register his name after the distribution of the report of the committee of financial and economic affairs in regard thereto and prior to the discussion thereof. The person who requests to speak shall determine the matters addressed by his investigation. Discussion in the council shall be limited to the subjects raised by the requestor to speak, whereby all this shall be done unless the council permits otherwise.

Article (143)

No department or function that is existing under an applied legal system may be revoked or amended, and no existing law may be amended by the revocation or amendment of the provisions stated within the budget. Should the council consider it appropriate to do the same, a special law proposal in this regard shall be submitted.

Article (144)

The closing account of the financial affairs of the state for the ending year shall be firstly submitted to the parliament within the five months following the end of the financial year, which shall be referred by the Head of Parliament, after the council finished its report, to the Chairman of Shura Council, and the approval thereof shall be vide a resolution of both councils supported by their notes, and the same shall be published in the official newspaper.

Article (145)

The provisions regarding the discussion of the public budget and the issuance thereof shall apply to the closing account and the additional provisions, and transfer from one part to another within the parts of the budget. Such provisions shall also apply to the independent and annexed budgets and the additional provisions concerning the same, and transfer from one part to another and the closing accounts thereof.