64th Anniversary of Constitution Approval: A Key Milestone in Kuwait's Modern History

By Reem Al-Darawi (News Report) Kuwait -- 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. The promulgation of the Kuwaiti Constitution on November 11, 1962, is considered a crucial turning point in the nation’s democratic journey, especially when recalling the efforts made by its sons over several decades, beginning with the 1938 Constitutional Document that paved the way for the birth of the 1962 Constitution.

This anniversary serves as a cherished national occasion, during which Kuwaitis recall with profound pride and honor 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 Emir of Kuwait, Sheikh Abdullah Al-Salim Al-Sabah, may God have mercy on him, approved the 1962 Constitution. Prior to the adoption of the Constitution, Sheikh Abdullah Al-Salim Al-Sabah issued an emiri decree on August 26, 1961, concerning the Basic Law 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; the late Amir and Father of the Nation, 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 Abdulaziz 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 it and promulgated it on November 11, 1962, in the form adopted by the Assembly. 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.

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, particularly the Iraqi invasion catastrophe 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 the country’s affairs have always been the nature of life in our country, with various methods; however, 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, Kuwaiti emirs 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, as well as reinforcing the principles of democracy and ensuring their proper application. This was underscored by the late Emir 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 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.”

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

This position was further reinforced by His Highness the Amir of the State, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, may God protect and safeguard him, on several occasions, including his address during the National Assembly session on October 8, 2020, convened 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 grounded in democratic stability, the primacy of the national interest, adherence to the Constitution, justice as its guiding methodology, and the pursuit of a dignified life for all citizens.

Kuwait’s 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. (End) R.A.D./K.D.A.