The 64th Anniversary of the Constitution's Adoption: The Impregnable Fortress Against Internal and External Challenges
A historical remembrance of the 1962 Constitution and its importance as a democratic fortress.
Translated by Alqyas from Al-Anba — Original source
Yesterday, Wednesday, marked the 64th anniversary of the approval of the country’s constitution, one of the most significant milestone events in modern Kuwaiti history, as it defines the state’s general system. 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, which paved the way for the birth of the 1962 Constitution.
This anniversary serves as a cherished national occasion for Kuwaitis to reflect with profound feelings of pride and honor on the country’s immortal historical record, reaffirming their steadfast commitment to a democratic path rich in the constants of justice, freedom, equality, and equal opportunity.
Kuwait commemorates this historic date every year on November 11, 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 constitution’s approval, Sheikh Abdullah Al-Salim issued an Amiri Decree on August 26, 1961, concerning the Basic System for the transitional period and holding 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 Most High, the Almighty, 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. Ahmed 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; His Highness the late Amir, Sheikh Saad Al-Abdullah Al-Salim Al-Sabah (may God have mercy on him), who was then Minister of Interior and Chairman of the Committee for Drafting the Constitution Project; Hamoud Al-Zaid Al-Khalid, Minister of Justice; Yaqoub Yousef Al-Humaidi; 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 distributed across 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: the first on general provisions, the second on the Head of State, the third on the legislative authority, the fourth on the executive authority, and the fifth on the judicial authority; and the fifth chapter contains general and interim provisions.
Political Milestones
Kuwait’s democratic journey has passed through numerous political milestones. Throughout this process, the Constitution has served as an impregnable fortress against many internal and external challenges, particularly the Iraqi invasion disaster in August 1990, when Kuwaitis inside and outside the country united, leadership and populace alike, under the banner of legitimacy and wise leadership.
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 returned, allowing the National Assembly to resume its legislative and oversight functions.
Over the subsequent years, Kuwait’s Amirs have consistently followed the approach of their predecessors in all occasions and speeches, reaffirming their commitment to the Constitution and their dedication to
It reinforces the constitution’s role as the social contract between the ruler and the people, as well as its entrenchment of democratic principles and their proper application. His Highness the late Amir Sheikh Sabah Al-Ahmad, may God have mercy on him, affirmed this in his address to the National Assembly on October 26, 2010, when he said: “Our constitution is the guardian of this democracy, clearly delineating in its provisions the jurisdiction, boundaries, and authorities of each branch of government. Any transgression of these provisions constitutes a violation of the Constitution itself, and such acts do not serve the public interest nor achieve the desired national objectives.”
In his address to the National Assembly on September 30, 2020, during which he took the constitutional oath as Amir of the State, His Highness the late Amir Sheikh Nawaf Al-Ahmad, may God have mercy on him, 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, and in our commitment to embodying the spirit of one family, a hallmark of Kuwaiti society, and to upholding our firm, foundational principles.”
His Highness the Amir Sheikh Meshal Al-Ahmad reaffirmed this on several occasions, including in his address to the National Assembly on October 8, 2020, during the session to endorse his appointment as Crown Prince, when he said he would champion the slogan of popular participation and strive to paint a bright picture of Kuwait’s future, one characterized by stable democracy, the primacy of the supreme national interest within the framework of the Constitution, justice as its methodology, and dignified living as its guiding principle.
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.