CONSTITUTIONS OF THE COUNTRIES OF THE WORLD

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• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP98-01394R000200020001-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 22
• Document Creation Date: December 27, 2016
• Document Release Date: July 30, 2013
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• Publication Date: February 1, 1985
• Content Type: OPEN SOURCE

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MEXICO
CONSTITUTIONS
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/ Constitutional Amendments
compiled and annotated by
GISBERT H. FLANZ
/
/
/
/
Translations by
/ AURA MARINA FLOREZ
Issued Februar 1985
Oceana Publications. Inc.
Dobbs Ferry, New York
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MEXICO
1982 - 1984
Introduction
Our last supplement to the Constitution of Mexico was
issued in August 1982. Since that time, there have been
numerous and important amendments.
The changes are so extensive that it has become necessary
to prepare a new updated English translation of the entire
Constitution. This work is now underway. In the meantime,
we are publishing our English translations of the articles
that were amended in 1982 and 1983.
We are indebted to Jorge Carpizo for sending us some of the
recent amendments.
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1982
On November 17 several amendments were published in the Diario Oficial. A fifth
paragraph was added to Article 28 which reads as follows:
Article 28
The conduct of public service of banking and lending insti-
tutions is also excepted from what is provided in the first
paragraph of this Article. This service will be exclusively
provided by the State through institutions, in accordance to
the terms established by the corresponding regulatory law,
which also will determine the guarantees that protect public
interest and the functioning of those supporting the policies
of national development. The public service of banking and
lending institutions will not be the object of concession to
individuals.
Note: The addition of this paragraph reflects the enhanced policy of state inter-
vention and control in the banking field.
Parts of Article 73, which defines the power of Congress, were also slightly
amended. Article 73(X) now reads:
"to legislate in the entire Republic concerning hydrocarbons,
mining, the motion picture industry, commerce, games of chance
and lotteries, credit institutions, electric and nuclear
energy, to establish a single bank of issue under the terms
of Article 28 and to enact regulating labor laws of Article
123."
Article 73(XVIII) was also modified to read as follows:
"To establish mints, fix the standards of coins, to dictate
rules to determine the relative value of foreign currencies
and to adopt a general system of weights and measures."
Changes were also made in Article 74 which enumerates "the exclusive powers of the
Chamber of Deputies." The second subparagraph of Article 74(IV) was changed by
providing new dates for the presentation of revenue bills to the Chamber. Formerly,
it was stipulated that the Federal Executive present these "not later than the last
day of November." The amended text now reads:
"The Federal Executive shall present to the Chamber pertinent
revenue bills and proposed budgets by not later than November
15 or up to December 15 when its term begins on the date
provided for in Article 83, and the pertinent Cabinet Secretary
shall appear to account for them."
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and social security. It was necessitated by the amended text of Article 28.
Paragraph XIII bis reads:
"The institutions referred to in the fifth paragraph of
Article 28 will regulate its labor relations with its workers
according to the provisions of this paragraph."
It should be noted that all these amendments were made toward the very end of
President Jose Lopez Portillo's term.
The new President Miguel de la Madrid Hurtado was sworn in on December 1. In his
inauguration speech, he outlined a 10 point austerity program.
The 1983 budget which was sent to Congress on December 8 provided further indica-
tions of how the new President intended to deal with the "emergency situation."
The second set of amendments were published in the Diario Oficial on December 28.
The following articles of the Constitution: 108, 109, 110, 111, 112, 113 and 114
were completely revised. Also amended were certain parts of Articles 22, 73, 74,
76, 94, 97 and 134. The above mentioned articles 108 to 114 concern the "responsi-
bilities of public officials," which are detailed in Title IV. A comparison with
the corresponding previous articles reveals greater stringency. They reflect
concerns over the abuses of power which took place during the previous administra-
tion. Also, in Article 108, an obligation was imposed on the states to enact
similar provisions in their constitutions. An English translation of the new Title
IV follows:
TITLE IV
Responsibilities of Public Officials
Article 108 - In order to carry out the responsibilities
addressed in this title, public elected officials, members of
the Federal Judicial System, Judicial of the Federal District,
officials and employees, and in general any individual who has
employment, office or public commission of any nature in the
Federal Public Administration or in the Federal District;
shall be considered as public officials and as such will be
responsible for offenses or omissions incurred in the per-
formance of their respective functions.
During his term of office the President of the Republic
may be impeached only for high treason and serious common
crimes.
Governors of the States and Deputies of local legislatures
and the Justices of the superior local court of justice, shall
be liable for violations of this Constitution and federal laws,
as well as mismanagement of federal funds and resources.
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The Constitutions of the States of the Republic shall
specify, on the same terms expressed in the first para-
graph of this article in terms of their responsibilities,
the character of public officials of those being employed,
hold office or commission by the States and Municipalities.
Article 109 - The Congress of the Union and Legislature of
the States, within their own jurisdiction, shall issue laws
regarding responsibilities of public officials, as well as
norms conducive to punishment of those who, while holding
office, are guilty, in accordance with the following safe-
guards [prevenciones]:
I. - Sanctions specified in Article 110 shall be imposed
by means of a political trial [juicio politico] on public
officials mentioned in it, when they, in the exercise of
their functions, commit acts or omissions that go [redunden]
against fundamental public interests or its proper management
[despacho].
Political trial shall not be conducted for the mere ex-
pression of ideas.
II. - The commission of crimes by any public official
shall be prosecuted and sanctioned in accordance with the
penal legislation; and
III. - Administrative sanctions shall be applied to public
officials for acts or omissions that have a direct effect on
the legality, honesty, loyalty, impartiality and efficiency
that they should observe in holding their employment, office
or commission.
The procedure for application of the aforementioned sanc-
tions shall develop autonomously. Sanctions shall not be
imposed twice for a single act [conducta] of the same nature.
The laws shall determine the cases and circumstances in
which penalties should be imposed for illegal enrichment by
public officials while holding office, or through their office,
by themselves or through a third party, increase their income,
acquire property or present themselves as being the owners,
and whose legal origin could not be proven. The penal laws
shall sanction with seizure and loss of claim on said property,
besides other corresponding penalties.
Any citizen, under strict responsibility and through
petition and presentation of proof, shall be able to make an
accusation before the Deputy Chamber of the Congress of the
Union, with respect to the conduct referred to in this Article.
Article 110 - Senators and Deputies of the Congress of the
Union, Justices of the Supreme Court of Justice of the Nation,
Secretaries of the Cabinet, Heads of the Administrative De-
partment, Chiefs of the Federal District Department, the
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Attorney General of the Republic, the Attorney General of
the Federal District, the Circuit Justices, and District
Judges, the Justices and Judges of the Federal District, the
General Directors or their equivalents in decentralized en-
tities, enterprises with a majority of state shares, societies
and associations incorporated into them and public trusts can
be subjected to political trial.
Governors of the States, local Deputies, Justices of the
Superior Local Court of Justice, shall only be subject to
political trial as set forth in this Title, for major viola-
tions of this Constitution and the Federal law from which
they originate, as well as on account of mismanagement of
federal funds and resources, but in this case the resolution
should only be declarative and shall be communicated to the
local Legislature so that while exercising their powers they
shall proceed appropriately [como corresponda].
The sanctions shall consist of the dismissal of the public
official as well as in disqualifying him from holding office,
employment or commission of any nature in public service.
For the application of sanctions referred to in this speci-
fication [precepto], the Chamber of Deputies shall proceed
with the corresponding charge, before the Chamber of Senators,
with previous absolute majority of votes of its members
present at the session of said Chamber, after having grounds
for the corresponding procedure and after hearing the accused.
Having taken cognizance of the indictment [acusacion], the
Chamber of Senators, constituted as a grand jury, shall apply
the corresponding sentence through a resolution by two-thirds
majority of its members present at the session, once the re-
spective procedures have been applied and upon hearing the
accused.
The declarations and resolutions of the Chamber of Deputies
and Chamber of Senators are unchallengeable [inatacables].
Article 111. - In order to take penal action against the
Deputies and Senators to the Congress of the Union, the
Justices of the Supreme Court of Justice of the Nation, the
Secretaries of the Cabinets, the Heads of the Administrative
Department, the Chief of the Federal District Department,
the Attorney General of the Republic, the Attorney General
of Justice of the Federal District, for liability of crimes
while holding office, the Deputy Chamber shall declare by
absolute majority of votes of its total members present at
the session, if there are grounds or not to proceed against
the accused.
If the finding of the Chamber is negative, there shall be
no grounds for any further proceeding; but such decision shall
not be an obstacle to continuing the prosecution of the charge
whenever the accused has relinquished his immunity, since the
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decision of the Chamber in no way prejudges the merits of
the charge [imputacion].
If the finding is affirmative, the accused shall be left
at the charge of the competent authorities so that they may
proceed according to the law.
Regarding the President of the Republic, his charges may
only be brought before the Chamber of Senators, as set forth
in Article 110. In this case, the Chamber of Senators shall
make a decision based on the applicable penal legislation.
In order to prosecute Governors of the States, local
Deputies and Justices of the Superior Courts of Justice of
the states, for federal crimes, the same procedure estab-
lished in this Article shall be followed, but in this case,
the declaration of justification shall be for the purposes
of communicating to the local legislatures, so that by exer-
cising their power they may proceed as is appropriate.
The declaration and resolutions of the Chambers of Deputies
and Senators are unchallengeable.
The effect of the declaration that gives rise to proceedings
against the accused shall be to suspend him from office while
he is under penal procedure. If the findings are negative,
the accused shall resume his function. If the findings are
positive and it deals with a crime committed while holding
office, then the defendant shall not be pardoned.
In civil suits against any public official, the declara-
tion of justification is not required.
The penal sanctions shall be applied in accordance with
the penal legislation, and if it is a crime committed where
the author of same has obtained an economic gain or has
caused property damages, shall be kept in accordance to what
is necessary to satisfy the damages caused by his illegal
conduct.
The economic sanctions cannot exceed by threefold the
gains obtained or the damages caused.
Article 112. - The declaration of justification shall not be
required of the Chamber of Deputies when any of the public
officials cited in the first paragraph of Article 111 commits
a crime during the time that he is not holding office.
If the public official has held office again or has been
named or elected to hold a different office, except for those
functions enumerated in Article 111, the procedure shall be
in accordance with the disposition set forth in said precept.
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Article 113. - The laws on administrative responsibilities of
public officials, shall determine their obligations in order
to protect the legality, honesty, loyalty, impartiality and
efficiency in the process of holding office, employment,
charge or commission; the applicable sanctions for acts or
omissions committed, as well as the procedures and the
authority to apply them. Said sanctions, besides the ones
provided by law, shall consist of discharge, dismissal and
disqualification, as well as economic sanctions, and they
shall be established in accordance with the economic benefits
obtained by the accused and in accordance with the damages
caused by his acts or omissions referred to in Section III
of Article 109, but they must not exceed threefold the bene-
fits obtained or of the damages caused.
Article 114. - The procedure of political trial can only be
initiated during the period in which the public official
holds office and one year after. The respective sanctions
shall be applied in no more than a year from the start of
the proceedings.
The responsibility for crimes committed during the time
of office of any public official, shal be enforceable in
accordance with the prescriptive terms provided for in the
penal law, which will never be less than three years. The
prescriptive deadlines are interrupted as long as the public
official takes charge of some of the offices referred to in
Article 111.
The law shall determine the prescriptive cases of adminis-
trative responsibility taking into account the nature and
consequences of the acts or omissions referred to in Section
III of Article 109. When said acts or omissions are serious
the prescriptive terms shal not be less than three years.
The partially amended text of Article 22 was published in the Diario
Oficial on December 28, 1982.
Article 22. - Punishment by mutilation and infamy, branding,
flogging, beating with sticks, torture of any kind, excessive
fines, confiscation of property and any other unusual or
extreme penalties are prohibited.
Attachment proceedings covering the whole or part of the
property of aperson made under judicial authority to cover
payment of civil liability arising out of the commission of
an offense or for the payment of taxes or fines; seizure of
property in cases of illegal enrichment as set in the terms
of Article 109, shall not be deemed a confiscation of pro-
perty.
Capital punishment for political offenses is likewise
prohibited; as regards other offenses, it can only be imposed
for high treason committed during a foreign war, parricide,
murder that is treacherous, premeditated, or committed for
profit, arson, abduction, highway robbery, piracy, and grave
military offenses.
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It may be noted that the first paragraph remained unchanged. Confiscation of pro-
perty remained an unconstitutional penalty. But because of the acts of corruption
which had been committed during the preceding administration and in order to provide
adequate remedies against possible future offenders, the second paragraph was
amended by referring specifically to the amended Article 109, which was also pub-
lished on December 28, 1982. As previously noted, Article 73(X) had already been
amended in November 1982. Another partial amendment was published in the Diario
Oficial on December 28. A change was made in Article 73(VI) which now refers to
Title IV rather than to Article 111
Article 73. - Section VI. -
1 to VI
Base 4a. - (Last Paragraph). - The Justices and Judges to whom this
basis refers shall continue in office for six years, and they may be
re-elected; in any case, they may be removed as set forth in terms of
Title IV of this Constitution.
As a result of the partial amendment of Article 74(V), which concerns the exclusive
powers of the Chamber of Deputies, it now states:
Article 74, Section V
1 to IV
To declare justified or unjustified the petitions for
removal of public officials who have committed a crime under
the terms of Article 11 of this Constitution.
To take cognizance of accusations against public officials
referred to in Article 110 of this Constitution, and to con-
stitute itself as a grand jury in common crimes for Which
they are accused.
The amendment of Article 76 concerns Section VII, which now refers also to
"omissions" as set forth in the previously amended Article 110.
Article 76, Section VII
I to VI
VII. - To constitute itself as a grand jury to take cognizance
in political trial of crimes [faltas] or omissions of public
officials and those that go against the fundamental public
interests and its proper management in the terms set forth in
Article 110 of this Constitution.
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The final paragraph of Article 94 which formerly stated that "the Ministers of the
Supreme Court of Justice may be removed from office only when they are guilty of
misconduct" has been changed to read:
Article 94, Final Paragraph
The Ministers of the Supreme Court of Justice can only be
removed from office under the terms of Title IV of this Con-
stitution.
A small change was made in the first paragraph of Article 97 which now refers to
the amended Title IV rather than Article 111.
Article 97, First Paragraph.
The Circuit Magistrates and District Judges shall be
appointed by the Supreme Court of Justice of the Nation,
they shall have the qualifications which the law requires
and shall hold office for four years, at the expiration of
which, if they should be re-elected or promoted to a higher
position, they may be removed only in accordance with Title
IV of this Constitution.
Article 127 was slightly amended to include the "paraestatales."
Article 127. - The President of the Republic, the Ministers
of the Supreme Court of Justice of the Nation, the Deputies
and Senators to the Congress of the Union and other elective
public officials shall receive adequate and non-refusable
compensation for their service, position or commission, which
shall be determined annually and equitably in the income
revenues of the Federation or in the budgets of state-like
[paraestatales] entities, as deemed appropriate.
The last amendment, which was published in the Diario Oficial of December 28, 1982
concerned Article 134. This was formerly a brief article of only one sentence.
It has been expanded and specific reference has been made to the amended Title IV.
Article 134. - The economic resources available to the
Federal Government and the Government of the Federal District,
as well as its corresponding public state-like administrations
[paraestatales], shall be administered with efficiency, effi-
cacy, and honesty in order to fulfill the objectives for which
they were destined.
Acquisitions, leasing and transfer of property, rendering
services of any sort and the contracts for execution of works
shall be awarded by public auctions through public offering,
so that bids can be presented freely under seal and opened in
public to insure to the State the best conditions for price,
quality, financing, opportunity and related circumstances.
When the bids mentioned in the preceding paragraph are
not qualified to insure said conditions, the laws shall
establish the basis, procedures, rules, requirements and
other elements to insure economy, efficiency, efficacy,
impartiality and honesty that will ensure the best conditions
for the State.
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The management of federal economic resources shall be
subject to the bases of this Article.
The public officials shall be responsible for enforcing
these bases under the terms of Title IV of this Constitu-
tion.
1983
Aside from charges of corruption, the previous administration was also criticized
for alleged human rights violations. The new administration took energetic steps
to clear up such charges and to institute appropriate remedial actions.
The organization and operations of certain secret police units were closely scru-
tinized and some of them were abolished.
From the very beginning the new administration was confronted with pressing economic
problems. It tried to develop an economic plan which would seek to achieve more
long range objectives. This can be seen in the legislation which was published on
January 5 in the Diario Oficial. This planning law was a forerunner of constitu-
tional amendments which would seek to provide the basis for more comprehensive
economic planning.
The third set of amendments was published in the Diario Oficial on February 3.
They pertained to the following Articles: 4, 16, 21, 25, 26, 27, 28, 73 and 115.
Article 4 is a part of Title I which defines the individual guarantees. Before it
was amended Article 4 consisted of three paragraphs which delineated the basic
principles of family law and relations. The amendment of February 3, 1983 added
one more paragraph:
Article 4.
Every person has the right to health protection. The law
shall define the bases and modalities for access to health
services and shall establish the participation of the Fed-
eration and federal entities regarding matters of public
health, in conformity with the provisions of Section XVI,
Article 73 of this Constitution.
Two paragraphs were added to Article 16 which were intended to strengthen the
principles of the privacy of the home and of correspondence.
Article 16.
Sealed correspondence sent through the mail shall be exempt from
search and its violation shall be punishable by law.
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In time of peace, no member of the army shall be quar-
tered in private dwellings against the consent of the owner,
nor may he impose any obligations whatsoever. In time of
war, the military may demand lodging, equipment, provisions,
and other assistance, under the terms that are established
in the corresponding martial law.
The wording of Article 21 was largely left unchanged but two sharp reductions were
made in the maximum period of detention: from fifteen days to thirty six hours.
Also the amount of the maximum fine which may be imposed on a day laborer was
drastically reduced. It was formerly one week. Now it is one day's income. The
same maximum fine was set for non-salaried workers.
Article 21. - The imposition of all penalties is an exclusive attribute
of the judiciary. The prosecution of offenses pertains to the public
prosecutor and to the judicial police, who shall be under the immediate
command and authority of the public prosecutor. The punishment of
violations of governmental and police regulations pertains to the ad-
ministrative authorities, which punishment shall consist solely of im-
prisonment for a period not exceeding thirty-six hours or a fine.
Should the offender fail to pay the fine, it shall be substituted by a
corresponding period of detention, which in no case may exceed thirty-
six hours.
If the offender is a day laborer, or a workman, his punishment cannot
consist of a fine exceeding the amount of his wages for one day.
In the case of non-salaried workers, the fine shall not exceed the
equivalent of one day's wages [salario].
An important new Article 25 was published on February 3, 1983. Formerly Article
25 consisted of a single sentence designed to protect sealed correspondence. This
principle was incorporated, as already noted, in the amended Article 16.
What was put in its place is almost completely unprecedented in the way the duty
of the State was defined in the field of economic development.
Article 25 may indeed be viewed as the nucleus of a new economic constitution within
the framework of a traditional political constitution. It differs from many other
contemporary constitutions of developing countries in that it avoids theological
cliches and slogans. Instead it sets forth, in a rather pragmatic way, three
sectors: public, social, and private and ascribes to each specific tasks in the
economic development of the country. Here is the translated text:
Article 25. - It is the responsibility of the State to direct
national development to guarantee that it be integral, that
it strengthens the national sovereignty and its democratic
regime and that through the promotion of economic growth and
employment and a more just distribution of income and wealth,
it shall permit the full exercise of liberty and dignity of
individuals, groups and social classes, whose safety is pro-
tected by this Constitution.
The State shall plan, conduct, coordinate and orient the
national economic activity, and shall bring forth the regula-
tion and implementation of activities of general interest
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within the scope [marco] of liberties set forth in this
Constitution.
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The public, social and private sector shall contribute
to the national economic development, without disregarding
other forms of economic activity which contribute to the
development of the Nation.
The public sector shall be exclusively in charge of stra-
tegic areas defined in Article 28, paragraph 4 of the Consti-
tution, the Federal Government shall always have ownership
and control on the organizations created for this purpose.
Likewise it shall participate alone or in conjunction with
the social and private sectors, as provided by law, to foster
[impulsar] and organize priority areas of development.
Under the criteria of social equity and productivity, the
social and private sector of the economy shall be supported
and fostered making sure that they adhere to the modalities
dictated by public interest and the use, for general benefit,
of the productive resources, ensuring its conservation as
well as the environment.
The law shall establish the mechanisms that facilitate the
organization and expansion of economic activity of the social
sector: of communal lands [ejidos], organizations of workers'
cooperatives, communities, enterprises belonging in part or
exclusively to the workers, and in general all forms of social
organization for the production, distribution and consumption
of goods and services socially necessary.
The law shall encourage and protect economic activity by
private individuals and shall provide conditions for the
growth of the private sector and its contribution to the na-
tional economic development, within the terms set forth in
this Constitution.
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, other Article 26 is also entirely new. The previous Article 26 concerned the quartering
lical of troops, which, as already noted, became part of Article 16.
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the Article 26. - The State shall organize a system of democratic
planning of national development that imprints solidity, dy-
namism, permanence and equity to the growth of the economy
for the independence and political, social and cultural demo-
cratization of the Nation.
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The objectives [fines] of the national plan [proyecto]
contained in this Constitution shall determine planning goals
The planning shall be democratic. Through the participation
of the different social sectors, it shall embody the aspira-
tions and demands of society to incorporate them in the plan
and the development programs. There shall be a national
development plan to which the programs of the Federal Public
Administration shall be obligatorily subjected.
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The law shall empower the Executive to establish
participation procedures and popular consultation in
the democratic national planning system, and the criteria
for formulation, instrumentation, control and evaluation
of the plan and the development programs. Likewise it shall
determine the entities responsible for plan process and the
bases through which the Federal Executive coordinates through
agreements with the government of the federal institutions
and invites and works in conjunction with the individuals,
on the activities to be conducted, for its elaboration and
execution.
In the democratic planning system, the Congress of the
Union shall intervene as provided by law.
To the lengthy Article 27 two more sections (XIX and XX) were added. Sections I
to XVIII remained unchanged.
Article 27
I to XVIII
XPX.- Based on this Constitution, the state shall make use
of measures for the expeditious and honest administration
[imparticion] of agrarian-justice, in order to insure juridi-
cal security in the possession of communal land [tierra ejidal],
communal and small landed holdings, and shall give support of
legal counsel to the workers on the land [campesinos].
/
XX.- The State shall promote conditions for integral rural
development, with the purpose of creating jobs and guarantee
the welfare of the rural population and their participation
and inclusion in the national development, and shall promote
agricultural, stockbreeding and forestry activities in order
to achieve optimum land use with infrastructures, credit and
training and technical assistance services. Likewise it shall
enact regulatory legislation to plan and organize the agri-
cultural and stockbreeding production, its industrialization
and commercialization, which shall be considered of public
interest.
Another part\of the,c6istitutional foundation for the new economic plan may be
found in Artic1e/28. it is not completely new, but there re important new elements
in it. Now, as before, this Article (28) is concerned with the threat of monopolies
and it seeks to specify some exceptions which are deemed to be in the public inter-
est. The most important new elements may be found in the fifth paragraph which
has been inserted to solidify the constitutional basis of the nationalized banking
system. In the third paragraph, which is also new, the previously stated principle
of consumer protection has been extended into new areas such as setting maximum
prices by law on certain goods "considred to be necessary for national economy or
popular consumption." It also seeks to avoid excessive or unnecessary intermediaries.
The amended Article 28 has been substantially expanded. The current text follows:
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Article 28 - In the United Mexican States there shall be
no monopolies or restrictions to free competition [estancos]
of any kind, nor exemption from taxes under the terms and
conditions provided by law. Equal treatment shall be given
to prohibitions under the guise [titulo] of protection to
industry.
Consequently, the law shall punish severely and the author-
ities shall effectively prosecute every concentration or
cornering in one or a few hands of articles of prime necessity
for the purpose of obtaining a rise in prices; every act or
proceeding which prevents or tends to prevent free competi-
tion in production, industry or commerce, or services to the
public; every agreement or combination, in whatever manner
it may be made, of producers, industrialists, merchants, and
common carriers, or those engaged in any other service, to
prevent competition among themselves and to compel consumers
to pay exaggerated prices; and in general, whatever consti-
tutes ane xclusive and undue advantage in favor of one or
mroe specified persons and to the prejudice of the public in
general or of any social class.
The laws shall fix bases to set maximum prices for articles,
or consumer goods considered to be necessary for the national
economy or popular consumption, as well as to impose means
[modalidades] for the organization of the distribution of
these articles, or consumer goods, in order to avoid excess-
ive or unnecessary intermediaries which would bring about a
shortage in the supply, as well as price rises. The law
shall protect consumers and shall encourage their organiza-
tion for better protection of their interests.
The functions exercised exclusively by the State in the
strategic areas referred herein shall not constitute monopo-
lies: the coinage of money; the postal system; telegraph;
radiotelegraphy and communications via satellites; the
issuance of money by a single bank to be controlled by the
Federal Government; petroleum and other hydrocarbons; basic
petroleum chemistry; radioactive minerals and nuclear power
production; electricity; railroads; and the activities ex-
pressly provided for in the laws issued by the Congress of
the Union.
Also exempted from the provisions of the first part of
the first paragraph of this Article are the banking and
credit institution services. This service shall be rendered
exclusively by the State through institutions, under the
terms established by the respective regulating law, which
will determine the guarantees that protect public interest
and the operation of those in support of national develop-
ment policies. The public banking and credit service shall
not be the object of concession to individuals [particulares].
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The State shall have bodies [organismos] and
institutions deemed necessary for the effective manage-
ment of the strategic areas in its charge, and first
priority activities where, according to the law [it]
participates alone or with the social and private
sectors.
The following shall not constitute monopolies, associa-
tions of workers organized to protect their interests, and
the associations or cooperative societies of producers so
that in defense of their own interests or public interest,
they will be able to sell directly in foreign markets
national or indsutrial products that are the main source of
wealth of the region in which they are produced, or if they
are not articles of main consumption, given the case that
said associations are under the vigilance or protection of
the Federal Government or the States, and previous author-
ization for this purpose should be attained from the
respective legislatures in each individual case.
The same legislatures, by themselves or on the proposal
of the Executive, shall be able to revoke, when public
necessity so requires, the authorization given for the for-
mation of the aforementioned associations.
Nor shall the privileges, extended for a fixed period of
time, to authors and artists for the production of their
works, and to those which, for the exclusive use of their
inventions, may be granted to inventors and those who perfect
some improvement constitute monopolies.
Subject to the laws, the State may, in cases of public
interest [interes general] grant concessions for the render
ing of public services, or for the exploitation, use or
development [aprovechamiento] of goods in the domain of the
Federation subject to exceptions provided by laws.
Article 73, which, as was noted earlier, had been twice amended in November and
December 1980 was again amended on February 3, 1983. This time, additions were
made to Section XXIX. They are identified as XXIXD,E and F. Their brevity may
be misleading. As will be seen, they provide broad authority for the enactment of
laws concerning the planning, programming and regulation of economic development.
Article 73
I to XXIX-C
XXIX-D. - To enact laws on national planning of economic
and social develompent. '
XXIX-E. - To enact laws for the programming, promotion,
coordination [concertacion] and execution of actions of
economic order, especially those related to supply and others
that have as their goal the timely and competent production
of goods and services, socially and nationally necessary.
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XXIX-F. - To enact laws conducive to the promotion of
Mexican investments, regulation of foreign investments,
transfer of technology and the production, diffusion and
application of scientific and technological knowledge
[conocimientos] for national development.
The remaining amendments which were published on February 3, 1983 concern Article
115 which is the first article of Title V (The States of the Federation). The
main changes were made in what was formerly paragraph IV and is now paragraph V.
A comparison will show that while many of the previous provisions were rearranged,
the wording was not changed. Because of this rearranging and the elimination of
some provisions, the text of the entire Article was reissued and reads as follows:
Article 115. - Fork-their internal government, the States shall
adopt the popular, representative, republican form of govern-
ment, with the free municipality as the basis of their terri-
torial division and political and administrative organization,
in accordance with the following' principles:
I. Each municipality shall be administered by a Council
[Ayuntamiento], elected by direct popular vote and there
shall be intermediate authority between this body and the
government of the state.
Municipal presidents, aldermen [regidores] and council
[sindicos] chosen by direct popular election, may not be re-
elected for the term immediately following. Persons who
discharge the functions of those offices either by indirect
election, appointment or designation by any authority, no
matter what title they may be given, likewise may not be
re-elected for the term immediately following. None of the
above-mentioned officials, when holding office as incumbents,
may be elected for the term immediately following as alter-
nates, but persons designated as alternates may be elected
for the term immediately following as incumbents, unless
they have performed such duties during the preceding term.
All these provisions are the same as the previous text which was last amended in
1933. The following provisions of Article 115(0 are new:
Local governments with two thirds approval of their members
may dismiss councils [ayuntamientos] declare them non-existent
and suspend or revoke any of its members' terms for any ser-
ious causes provided for in the local law, as long as its
members have had sufficient time to present evidence and
bring forth defense arguments as they see fit.
In case a council [ayuntamiento] is declared non-existent
or if due to resignation or absence of the majority of its
members, if it shall not proceed according to law as to role
of alternates, or shall not conduct new elections, the Legis-
latures shall appoint amongst the residents to the Municipal
Councils, who will conclude their respective terms.
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If any of the members should leave his post, he shall be
substituted by his alternate or it shall be dealt with as
provided by law.
II. - Municipalities shall be invested with juridical per-
sonality and shall adminsiter its finances as provided by
law.
[The first sentence of paragraph II was formerly paragraph III, whose text dates
from 1953.]
The councils [ayuntamientos] shall be empowered to issue in
accordance with the normative bases that should be established
by the Legislatures, the police and good government force, the
regulations, circulars, and administrative orders for general
compliance within their respective jurisdictions.
III. - The municipalities, with the concurrence of the
states, when deemed necessary or when provided by law, shall
have the charge of the following public services:
a) Drinking water and sewage system
b) Public lighting
c) Trash collection
d) Storage warehouse
e) Forts
f) Barracks
g) Streets, parks and gardens
h) Public safety and transportation
i) The rest shall be determined by the local Legislatures
taking into consideration municipal territorial as well as
socio-economic conditions, as well as its financial and ad-
ministrative capability.
Municipalities belonging to the same state, with previous
consent between their councils and in accordance with the
law, shall be able to coordinate and work jointly to provide
more efficiently their respective public services.
IV. - Municipalities shall freely administer their finances,
which shall be composed of revenues from their properties,
as well as taxes and other revenues that legislation so
establishes in their favor, and in any event:
a) shall collect taxes, including additional interest rates,
established by the states on real property its fraction-
ing, division, consolidation, movement and remodeling as
well as those having direct effect on the property value.
Municipalities may sign agreements with the State, so
that it takes some of the responsibilities regarding
collection of taxes.
b) The federal participations, which will be covered by the
Federation for the municipalities, in accordance with the
bases, amounts and deadlines annually determined by the
State Legislatures.
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c) Revenues derived from the rendering of public services
in its charge.
The federal laws shall not limit the authority of the
States to establish taxes referred to in parts a) and c),
nor shall they grant exemptions regarding them. Local laws
shall not establish exemptions or subsidies to the above-
mentioned taxes, neither in favor of individuals or corpora-
tions [personas fisicas o morales] nor official or private
entities. Only the revenues of public domain of the Feder-
ation, the States or Municipalities shall be exempt of said
taxes.
The Legislatures of the States shall approve the income laws
of the Councils and shall review their public finances.
Budget expenditures shall be approved by the Councils on
the basis of their available revenues.
V.- Municipalities, under the terms of the respective
federal and state laws, shall be empowered to formulate,
approve and administer the zoning and urban municipal devel-
opment plans; to participate in the creation and administra-
tion of its territorial reserves; to control and oversee the
land use in its territorial jurisdictions; to intervene in
the regularization of tenure of urban land; to grant licenses
and building permits; and to participate in the creation and
administration of ecological preservation zones. For this
purpose and in accordance with the goals outlined in the
third paragraph of Article 27 of this Constitution, they
shall issue the regulations and administrative orders deemed
necessary.
VI.- When two or more urban centers situated within munici-
pal territories of two or more federal entities form or tend
to form a demographic continuity, the Federation, federal
entities and municipalities concerned, shall, within their
jurisdiction, plan and regulate in a joint and coordinate
manner the development of those centers pursuant to the
federal law on the subject.
[The following short paragraph VII was formerly the second sentence of paragraph II.]
VII. - The Federal Executive and the Governors of the
States shall command the public forces in the municipalities
where they customarily or temporarily reside.
[All of the provisions of the following paragraph VIII were formerly part of para-
graph II, as amended in 1943.]
VIII. - Governors of the States may not hold office for more than six
years.
The election of Governors of the States and the local
legislature shall be direct and in the manner prescribed by
their respective electoral laws.
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Governors of the States who hold office by regular or
special election may not, in any case or for any reason,
again occupy that office in an interim, provisional or
substitute character, or be in charge of that office in
any capacity.
The following may never be re-elected for the immediately
following term:
a) A substitute constitutional governor or a governor
designated in case of the permanent absence of the constitu-
tional governor, even when he has a different official title.
b) An interim or provisional governor or a citizen, who
under any title, replaces the governor during temporary ab-
sences, provided he held the office during the last two years
of the term.
The constitutional governor of a state must be a Mexican
citizen by birth and a native of the state or with actual
residence therein for not less than five years immediately
preceding the day of the election.
The number of representatives in the state legislature shall
be proportional to the inhabitants of each state; but in no
case shall there be fewer than seven deputies in states having
a population of less than 400,000 inhabitants; or nine in
those in which the population exceeds that numbers but does
not reach 800,000; and eleven in states having a population
greater than the latter figure.
Deputies to the legislatures of the States may not be re-
elected for the term immediately following. Alternate
deputies may be elected for the term immediately following
in the capacity of incumbents, provided they have not ger-
formed the duties of an incumbent deputy, but incumbent de-
puties may not be elected as alternate in the term immediately
following.
In accordance with the legislation enacted in each of the
federal entities, there shall be introduced the system of
minority deputies in the election of local legislatures and
the principle of proportional representation in the election
of council members of all municipalities.
[This last provision was added in 1977. It became effective on December 7, 1977.]
IX.- Labor law relations between the states and its workers
shall be governed by laws issued by the State Legislatures
having as its basis the provisions of Article 123 of the
Political Constitution of the United Mexican States and its
regulatory provisions. The Municipalities shall observe
these same rules with regards to its workers.
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X.- The Federation and the States, as provided by law,
may agree to assume the exercise of their functions, to
carry out and operate public works and to provide public
services when economic and social development makes it
necessary.
The States shall be empowered to sign these agreements with
their municipalities so that they would assume the responsi-
bility of providing these services or comply with the duties
mentioned in the preceding paragraph.
The most recent amendment concerns Article 4. It was published in the Diario
Oficial on February 7, 1983. This Article, it may be recalled, was previously
amended (Diario Oficial, February 3, 1983) to declare that every individual had
a right to health protection. A few days later, the following amendment was pub-
lished:
Article 4
Every family has the right to enjoy decent and proper
housing. The law shall establish the instruments and
necessary supports in order to reach said goal.
On August 25, 1983, the Government began to make compensation payments to the pre-
vious owners of the banks. The total amount to be paid was lsited as 100 billion
pesos.
On the following day, Jesus Silva Herzog, the Minister of Finance, announced that
an agreement had been signed to reschedule the 11 billion dollars which Mexico
owes to the United States.
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Mexico
Bibliographical Supplement
Carpizo, Jorge. "La Constitucion Mexicana de 1917," UNAM &
Porrua, 6 ed., 1983, Mexico.
Cueva, Mario de la. "Teoria de la Constitucion." Porrua,
1982, Mexico.
Tena Ramirez, Felipe. "Derecho Constitucional Mexicano."
Porrua, 19 ed., 1983, Mexico.
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