64th Anniversary of the Constitution's Approval... 'The Impregnable Fortress' in the Face of Internal and External Challenges

Today, Wednesday, marks the 64th anniversary of the adoption of the country’s constitution, one of the most pivotal national milestones in modern Kuwaiti history, as it defines the state’s general system of governance.

The promulgation of the Kuwaiti Constitution on November 11, 1962, represents a crucial turning point in the nation’s democratic journey, particularly when recalling the efforts made by its sons over several decades, starting with the 1938 Constitutional Document that paved the way for the birth of the 1962 Constitution.

This anniversary serves as a cherished national occasion for Kuwaitis to reflect with profound pride and honor on the country’s immortal historical record, reaffirming their steadfast commitment to a democratic path rich in justice, freedom, equality, and equal opportunity.

Kuwait commemorates this historic date every year on November 11, marking the moment when the late Amir, Sheikh Abdullah Al-Salim Al-Sabah (may God have mercy on him), approved the Kuwaiti Constitution in 1962.

Prior to the adoption of the Constitution, Sheikh Abdullah Al-Salim Al-Sabah issued an Amiri Decree on August 26, 1961, concerning the Basic Law for the transitional period and the holding of elections for the Constituent Assembly, with the aim of drafting a permanent constitution for the country.

On January 20, 1962, Sheikh Abdullah Al-Salim delivered a speech at the opening of the Constituent Assembly, stating: “In the name of Allah, the Almighty and All-Powerful, we open the sessions of the Constituent Assembly, which bears the responsibility of laying the foundations of governance for the future.”

During that session, members of the Constituent Assembly were elected, and Abdul Latif Mohammed Thunayan Al-Ghanim was elected as the Assembly’s President, while Dr. Ahmad Al-Khatib was elected as its Vice President.

The sixth session of the Constituent Assembly saw the formation of the Constitution Committee, which comprised five members: Abdul Latif Al-Ghanim; the late Amir and former Minister of Interior, Sheikh Saad Al-Abdullah Al-Salim Al-Sabah (may God have mercy on him), who also served as Chairman of the Committee for Drafting the Constitution Project; Hamoud Al-Zaid Al-Khalid, Minister of Justice; Yaqoub Youssef Al-Humaidhi; and Saud Abdul Razzaq Al-Abdulrazzaq, both members of the Assembly.

The Committee presented the final draft of the Constitution to the Constituent Assembly, which approved it unanimously during a session held on November 3, 1962. The Assembly then submitted the draft to Sheikh Abdullah Al-Salim, who approved and promulgated it on November 11, 1962, in the form adopted by the Assembly, and it was published in the Official Gazette the following day.

The Kuwaiti Constitution comprises 183 articles divided into five chapters: the first covers the State and the system of governance; the second addresses the fundamental components of Kuwaiti society; the third outlines general rights and duties; the fourth deals with the branches of government, including five sections covering general provisions, the Head of State, the legislative authority, the executive authority, and the judicial authority; and the fifth chapter contains general and provisional provisions.

Kuwait’s democratic journey has passed through numerous political milestones, with the Constitution serving throughout as an impregnable fortress against many internal and external challenges, especially the Iraqi invasion catastrophe in August 1990, when Kuwaitis inside and outside the country united under the leadership and banner of legitimate authority and wise governance.

In April 1991, the late Amir Sheikh Jaber Al-Ahmad Al-Jaber Al-Sabah (may God have mercy on him) delivered a speech stating that “consultation and popular participation in national affairs have always been the nature of life in our country, with various methods, but the return of parliamentary life was what we agreed upon at the Popular Conference in Jeddah.” This was realized in October 1992, when parliamentary life resumed, allowing the National Assembly to exercise its legislative and oversight functions.

Over the subsequent years, the Emirs of Kuwait have consistently followed the approach of their predecessors in all occasions and speeches, reaffirming their commitment to the Constitution and their dedication to entrenching it as the social contract between the ruler and the people, alongside reinforcing the principles of democracy and ensuring their proper application.

This was underscored by the late Amir Sheikh Sabah Al-Ahmad Al-Jaber Al-Sabah, may God have mercy on him, in his address to the National Assembly on October 26, 2010, when he stated: “Our Constitution serves as a guardian of this democracy, clearly delineating the jurisdiction, boundaries, and authorities of each branch of government. Any transgression against these provisions constitutes a violation of the Constitution itself, and such acts do not serve the public interest nor achieve the desired national objectives.”

Similarly, the late Amir Sheikh Nawaf Al-Ahmad Al-Jaber Al-Sabah, may God have mercy on him, emphasized this in his speech during the National Assembly session on September 30, 2020, when he took the oath of office as Amir of the country. His Highness stated: “We reaffirm our pride in our Constitution and our democratic path, and we take pride in Kuwait as a state of law and institutions. We are committed to embodying the spirit of unity that characterizes Kuwaiti society, and to upholding our firm foundational principles.”

This point was further reinforced by His Highness the Amir of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, on several occasions, including his address during the National Assembly session on October 8, 2020, to endorse his appointment as Crown Prince. He stated that he would champion the principle of popular participation and strive to paint a bright picture of Kuwait’s future, one characterized by democratic stability, the prioritization of the supreme national interest within the framework of the Constitution, justice as its guiding principle, and the pursuit of a dignified life for all.

The Kuwaiti Constitution remains the cornerstone of the state’s legal and political framework, particularly because it has established a unique balance between tradition and modernity, and between the powers of governance and the requirements of popular participation.