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

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 Constitutional Document adopted in 1938, 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 anniversary every November 11, marking the day in 1962 when the late Amir of Kuwait, Sheikh Abdullah Al-Salim Al-Sabah, may his soul rest in peace, approved the Kuwaiti Constitution.

Prior to the adoption of the Constitution, Sheikh Abdullah Al-Salim Al-Sabah issued an Amir’s 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 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 Father of the Nation, Sheikh Saad Al-Abdullah Al-Salim Al-Sabah, may his soul rest in peace, who was then the Minister of Interior and Chairman of the Committee for Drafting the Constitution Project; Hamoud Al-Zaid Al-Khalid, the Minister of Justice; and Council members Yaqoub Yousef Al-Humaidi and Saud Abdulaziz Al-Abdulrazzaq.

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. It was published in the Official Gazette the following day.

The Kuwaiti Constitution comprises 183 articles divided into five chapters: the first concerns the State and the system of governance; the second covers the basic foundations of Kuwaiti society; and the third addresses general rights and duties.

Chapter four deals with the branches of government, containing 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. Chapter five of the Constitution contains general and interim provisions.

Kuwait’s democratic journey has passed through numerous political milestones, with the Constitution serving as an impregnable fortress throughout this process against many internal and external challenges, particularly the Iraqi invasion disaster in August 1990, during which 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 his soul rest in peace, delivered a speech stating that “consultation and popular participation in the country’s affairs have 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, 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, as well as 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 embraces 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—an infringement that serves neither the public interest nor 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.”

His Highness the Amir of the Country, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, may God protect and guard him, has reiterated this on several occasions, including in his address during the National Assembly session on October 8, 2020, when he was endorsed as Crown Prince. He stated that he would champion the slogan 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 dignified living as its beacon.

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.