THE INTERIM CONSTITUTION OF IRAQ

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP09T00207R001000100008-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 12
• Document Creation Date: December 22, 2016
• Document Release Date: September 23, 2011
• Sequence Number: 8
• Content Type: REGULATION

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NOWENow"
Politics in Iraq
c.bellion or anything
of Iraq, the King
Ministers, notify a
or in any part
tification shall be
I law, which shall
Dose who commit
,iistrative measures
to interpret any
"o the provisions
~; . he High Court, as
ny law connected
it shall appertain
i~ law.
nterpretation shall
ig jurisdiction in the
t;ic. Waqfs shall be
partment, its affairs
nd in accordance with
s". any law granting
c6ffenses which are
r nment, or constrain-
,.sure or threats. to
Which are not men.
but are practised by
pted by decision of
iced as constitutional
,otion of new articles
This Interim Constitution of 1964 replaced the above-gived
1925 statute. The Revolutionary Command council, however,
replaced this Interim Constitution again. The Iraqi Government
has not been able to provide us with a copy of the latest docu-
ment. We hope to add that later as an updated supplement for
our readers, shortly. They are requested to write to us or their
agents in due course of time-Ed.
In the name of God, The Beneficent, The Merciful.
In response to the desire of the people and the Armed
Forces whose vanguards marched on the 18th of November
1963, to save the country from evils of deviation and party
predominance, and complying with the spirit of the Revolution
of that glorious day which is aiming to the realization of
stability, security and providing equal opportunities for all
citizens without discrimination because of race, origin or religion
so as they should set out for fruitful endeavour, rectify social
conditions, construct the virtuous society which enjoys pro-
sperity, knowledge, culture and health, and endeavour to bring
up the rising generations on principles of the Arab and Islamic
spirit, devotion to homeland and the comprehensive unity;
We hereby proclaim this Interim Constitution in which
principles of government have been defined and the individual
relations with the State organized, to be implemented throu-
ghout the tran3itional period, which we hope will be short,
till the promulgation of a Permanent Constitution in which the
final judgment for settling the rule of the' Republican Regime
and its form will be to the people's seeking all the help of the
most High Almighty God, following !His Almighty saying,
"and Consult them on the matter". May God grant us
success. PART ONE
State
Article 1. The Republic of Iraq is a democratic, socialist
State, deriving the principles of her democracy and socialism
from the Arab Heritage and the Islamic spirit.
The Iraqi people is a part of the Arab Nation, looking
forward to the comprehensive Arab unity which the govern-
ment is bound to achieve as soon as possible, starting thus
from the union with the United Arab Republic.
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DSO
Politics in Iraq
Article 2. The Iraqi Republic is a full Sovereign State. No
part of her territories may be given up.
Article 3. Islam shall be the State religion and it is the
fundamental basis for her constitution. Arabic is her official
language.
PART TWO
Basic Foundations of the Society
Article 4. Social solidarity shall be the basic of the Iraqi
society.
Article 5. Family shall be the basic unit of the society,
whose principles are religion, morals and patriotism.
Article 6. The State shall secure equal opportunities for all
Iraqis.
Article 7. The economic system in Iraq shall endeavour to
achieve economic development and social justice which prohibit
any sort of exploitation.
Article 8. The State shall steer the national economy in
accordance with a comprehensive plan to be drawn by the law
and within the framework of which private and public sectors
shall collaborate towards promoting the economic development
for raising production and the living standard.
Article 9. Natural wealth together with its resources and
energies shall be the property of the State which shall properly
dispose of them.
Article 10. Capital shall be employed for the service of the
national economy; its employment methods shall never con-
tradict the public benefit of the people.
Article 11. Public property shall be respected; its protection
shall be an obligation of every citizen, for it constitutes a
source of people's well-being and Homeland's strength.
Article 12. Private property shall be safeguarded; the law
shall organize its social function, and it shall not be expropriated
except for public utility, against just compensation in accordance
with the law.
The right of inheritance shall be guaranteed in accordance
with the provisions of the Islamic jurisdiction.
Article 13. The law shall define the maximum limit of
agricultural property, in a way that shall not give rise to
feudalism.
Article 14. The State shall encourage cooperation and
preserve all forms of cooperative institutions.
Article 15. The State shall guarantee the support of the
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?olitics in Iraq
we:eign State. No
igion and it is the
ah:c is her official
basic of the Iraqi
spit of the society,
iotism.
pportunities for all
Fi.r.il endeavour to
;ices which prohibit
.:tonal economy in
lrav,'n by the law
aitd public sectors
a i is development
its resources and
ich shall properly
the service of the
'.c shall never con-
crtcd; its protection
br it constitutes a
strength.
Muarded; the law
.at be expropriated
foe-in accordance
rzimum limit of
cot give rise to
rooperation and
hr- support of the
the Interim Constitution of Iraq (1964-i) 151
family, and protect maternity and childhood in accordance
with law.
Article 16. The State shall guarantee the social security
services, and Iraqis may enjoy the right to aid in cases of old-
age, illness, inability and unemployment.
Article 17. Work in the Iraqi Republic shall be the right,
duty and honour to every able citizen. The public appoint=
ments are responsibility entrusted to Government officials, who,
by carrying them out, aim to render service to the people.
PART THREE
Public Rights and Duties
Article 18. Iraqi nationality shall be defined by law.
Article 19. Iraqis shall be equal before the law. They are
equal in regard to public rights and duties, and no discrimina-
tion shall be adopted among them because of race, origin, langu-
age or religion; and all citizens, Arabs and Kurds, shall co-
operate in preserving the entity of this homeland. The Consti-
tution shall admit their national rights within the Iraqi
integrity.
Article 20. No offence and no penalty except by virtue of
law. No penalty imposed except on the actions following the
issue of the law in which they are prescribed.
Article 21. Penalty shall be personal.
Article 22. No one shall be arrested, or detained or impri-
soned or searched except in accordance with the provisions of
the law.
Article 23. The accused shall be regarded as innocent
unless his conviction is proved by a legal trial through which he
shall enjoy the necessary guarantees to exercise the right of
defence in person or through agency.
Torment of the accused physically or morally shall be
forbidden.
Article 24. Every accused for a crime, should have a
defender to defend him in accordance with his agreement.
Article 25. Any Iraqi shall not be denied residence any-
where, and shall not be compelled to reside in a certain quarter
unless under circumstances defined by the Law.
Article 26. Delivery of political refugees is prohibited.
Article 27. Dewellings shall be safeguarded, and shall never
be entered except in such circumstances and in such manner a3
prescribed by law.
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Article 28. Freedom of religions shall be safeguarded.
The State shall protect the freedom of practising their rites, pro-
vided that these do not conflict with public discipline or con-
tradict with morals.
Article 29. Freedom of opinion and scientific research shall
be guaranteed. Every person shall have the right to express
and publish his opinion orally or through writing or sketching
or by other means etc., within the limits prescribed by law.
Article 30. Freedom of press, printing and publication is
guaranteed within the limits of law.
Article 31. Freedom of forming societies and trade unions
through legal methods and on national principles, is guranteed
within the limits of law.
Article 32. Iraqis, unarmed, may hold meetings, quietly
without a prior notice. Public meetings, festivals and groupings
are permitted within the limits of law.
Article 33. Education is a right of all Iraqis guaranteed by
the State through the construction and expansion of different
types of schools, universities and cultural and educational insti-
tutes. The State shall pay special attention to the physical,
mental and moral growth of youths.
Article 34. The State shall supervise public education which
shall be free through all stages of government schools, univer.
sities and institutes. Public education affairs shall be organized
by law.
Article 35. The State shall guarantee equitable treatment
for all Iraqis in accordance with the work they achieve, through
defining working hours, wages, social insurance, health security
and unemployment guarantee, and organizing the right of rest
and leaves.
Article 36. Health preservation is a right of all Iraqis,
guaranteed by the State through the construction and expansion
of all sorts of hospitals and health institutions.
Article 37. Defence of the homeland is a sacred duty. The
national military service is an honour for all Iraqis, and conscri-
ption shall be compulsory in accordance with the law.
Article 38. Payment of taxes and public expenses is an
honourable duty. No tax or duty may be imposed or exempted
to anybody thereof except in accordance with law.
Article 39. Election is a right of Iraqis in accordance
with law: their participation in public life is a national duty for
them.
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is shall be safeguarded.
practising their rites, pro-
h public discipline or con-
ad scientific research shall
we the right to express
.gh writing or sketching
:t:. prescribed by law.
ating and publication is
sr ieties and trade unions
principles, is guranteed
hold meetings, quietly
festivals and groupings
all Iraqis guaranteed by
xl expansion of different
ral and educational insti-
mcntion to the physical,
sc public education which
iernment schools, univer-
affairs shall be organized
We equitable treatment
irk they achieve, through
n~orance, health security
:airing the right of rest
right of all Iraqis,
istruction and expansion
nWons.
,d s a sacred duty. The
x all Iraqis, and conscri-
with the law.
;public expenses is an
mposed or exempted
with law.
r 1 ragis in accordance
is a national duty for
The interim Constitution of Iraq (1964-5) ISM
PART FOUR
Regime of Government
CHAPTER I-PRESENT OF THE STATE
Article 40. The President of the State shall be President
of the Republic. He shall assume his powers in the manner
prescribed by this Constitution.
Article 41. It is provided that the President of the Republic
should be an Iraqi, of Iraqi parents belonging to a family living
in Iraq since 1900 at least-throughout which period the family
should have held Ottoman Nationality-He shall be a Moslem
who adheres to the religious rites, and who shall be no less
than 40 years of age, enjoying full political and civil rights, not
married to a foreigner, while the Arab woman whose parents
are Arabs shall be considered Iraqi for this purpose.
Article 42. The president of the, Republic shall swear the
following oath before assuming his duties, in the presence of the
National Council of the Revolutionary Command and the
Council of Ministers together :
"I swear by God the Great that I shall be faithful to my
religion, homeland and nation, and shall endeavour to preserve
the Republican Regime, respect the Constitution and the law,
and render full patronization of tl,e people's interests and
protect the country's independence and the homeland's
security".
Article 43. The president of the Republic shall appoint the
Prime Minister, vice premiers and ministers, 'and accept their
resignations or relieve them from their portfolios.
Article 44. The President of the Republic shall approve
laws, regulations and cabinet's decisions.
Article 45. The President of the Republic shall approve and
ratify international treaties and agreements.
Article 4 ?. (a) The President of the Republic shall appoint
the officers and place them on pension in
accordance with the law.
(b) The President of the Republic shall appoint
civil officials, judges, Qadhis and political
representatives in accordance with law.
(c) The President of the Republic shall accredit
the representatives of foreign countries and
international bodies to the Iraq Republic.
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154 Politics in Iraq
Article 47. The President of the Republic is the Com-
mander-in-Chief of the Armed Forces.
Article 48. The President of the Republic may declare
martial law and emergency conditions after the approval of
the National Council of the Revolutionary Command.
Article 49. The President of the Republic may declare war
and accept truce and reconciliation after the approval of the
National Council of Revolutionary Command and the Council
of National Defence.
Article 50. The President of the Republic shall form a
National Defence Council which he shall preside over, and
whose powers shall be defined by the law.
Article 51. The President of the Republic, in case of actual
or probable public danger which endangers the security and
tranquility of the country, may, upon the agreement of the
National Council of the Revolutionary Command, issue decrees
which have the effect of laws, to protect the entity, security and
tranquillity of the Republic.
Article 52. Execution of death sentence shall only be carried
out upon the ratification of the President of the Republic who
may commute or concel the sentence by special amnesty; general
amnesty shall only be declared by law.
Article 53. Upon leaving the country or failing to exercise
his powers for any reason the President of the Republic shall
form a Republican Council comprising of three members of the
National Council of the Revolutionary Command, for whom he
shall define the powers which he deems necessary by a Republi-
can Ordinance.
Article 54. If the President of the Republic submits his
resignation from his post, he shall address the letter or his
resignation to the National Council of Revolutionary Command,
who together with the Council of Ministers and the National
Defence Council shall hold a joint meeting under the Chairman-
ship of the Prime Minister to -decide upon accepting or rejecting
the resignation by a majority of two-thirds of the total number
of members.
Article 55. Upon vacancy of the Presidential position for
any reason, the National Council of Revolutionary Command,
Council of Ministers and National Defence Council shall hold
joint meeting under the Chairmanship of Prime Minister, to
elect a president of the Republic by a majority of two-thirds
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public is the Com-
public may declare
r the approval of
< remand.
C may declare war
0-he approval of the
s and the Council
public shall form a
I preside over, and
( in case of actual
o ;. the security and
3 r rcement of the
+and, issue decrees
i s ity, security and
1,% 11 only be carried
:i)e Republic who
31 amnesty; general
failing to exercise
lie Republic shall
,r. members of the
n d, for whom he
;'.1-y by a Republi-
public submits his
the letter or his
;ovary Command,
and the National
der the Chairman.
Wing or rejecting
the total number
renal position for
ovary Command,
ouncil shall hold
ime Minister, to
ity of two-thirds
the interim Constitution of Iraq (1964-5) 153
of total members, within a period not exceeding a week from
the vacancy date of the post, provided that the new President
shall be elected from among the members of the National
Council of Revolutionary Command.
Article 56. During the period of vacancy of the post of
President of the Republic, the Prime Minister shall continue
exercising his powers, and shall have no right to exercise the
powers of the President of the Republic.
Article 57. The law shall define the salary of the president
of the Republic and amendment thereof shall not be effected
during the presidency term in which the amendment is
decided.
Article 58. The President of the Republic shall not practise
during his Presidency term a free profession or a commercial,
financial, industrial or any other economic work, or buy or hire
any of the state property, or sell or lease any of his property or
barter his own for hers.
Article 59. The President of the Republic, with participa-
tion of the government, shall draw the general policy of the
State in all aspects the military, political, economic and social
fields, and shall supervise its execution.
Article 60. The President of the Republic shall not be held
responsible for action of his post, except in cases of violation of
the Constitution or of high treason. As relating his responsibi-
lity for public crimes they shall be subject to ordinary laws. He
shall not be accused for these crimes or for the violation of the
Constitution or high treason, except by the National Council of
the Revolutionary Command, upon a decision by a majority of
two thirds of the total of all members. Only a special court
may try him in the manner defined by the law.
CHAPTER II-THE LEGISLATURE
Article 61. Parliament is the body which shall exercise
Legislative power.
Article 62. Parliament shall be composed of members
elected through public secret elections. Number of members,
method and principles of election and voters recalling shall be
defined by a law to be promulgated at least six months before
the termination of the transitional period.
Article 63* (a) A Consultative Council shall exercise the
*Substituted by the Amendment of 3rd of March, 1965.
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Legislative powers during the transitory period; its
headquarters shall be in Baghdad; the number of its
members, the conditions of membership and the manner
of the members, appointment, their allowances, the
powers of the Council and the way of exercising the
same shall be defined by law.
(b) The Consulative Council, immediately at its first
session, shall take over the legislative powers entrusted
by the Interim Constitution to the National Council
of the Revolutionary Command and the Council of
Ministers.
(c) The National Council of the Revolutionary Command
and the Council of Ministers shall continue their exerci-
sing the Legislative Powers until the Consultative
Council holds its session.
(d) The Consultative Council shall draw up the draft of the
permanent Constitution provided that it shall be
submitted to the elected Chamber of Deputies in its.
first session to decide on it.
First : President of the Republic,
Article 64. The President of the Republic shall undertake
and exercise the executive power in the manner defined by the
Constitution.
Second : Government
Article 65. The government is the highest executive and
administrative body of the State.
Article 66. The government shall be composed of a Prime
Minister, Vice Premiers and Ministers; the Prime Minister shall
direct the government affairs and preside over the Council of
Ministers.
Article 67. The government shall undertake the execution
of the general policy of the State in accordance with laws,
regulations and republican ordinances, and shall exercise all the
powers required thereto.
Article 68. The government shall undertake the organiza-
tion and implementation of economic , cultural, social and
health tasks which lead to raising the living standard and
people's well-being, for constructing the virtuous society. The
government shall adopt a sound. foreign policy.
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insitory period; its
t he number of its
li p and the manner
i allowances, the
of exercising the
r ;ly at its first
powers entrusted
rational Council
d the Council of
iu,, nary Command
n t inue their exerci-
s h, a Consultative
nj the draft of the
tL t it shall be
(T Deputies in its
is shall undertake
cr defined by the
thest executive and
D)))osed of a Prime
itne Minister shall
svcr the Council of
;l; o the execution
iordance with laws,
PV exercise all the
i, : e the organiza-
,mral, social and
standard and
o>> s society. The
The Interim Constitution of Iraq (1964-5) 157
Article 69. The government shall exercise the following
powers :-
(a) Directing, coordinating and revising the actions of the
ministers and public bodies and administrations.
(b) Issuing administrative and executive decisions in accord-
ance with laws and regulations, and supervising their
execution.
(c) Preparing drafts of law and regulations.
(d) Appointing, dismissing, discharging and placing on
pension officials in accordance with law.
(e) Preparing the general Budget of the State and budgets
(f)
(i)
(g) Supervising the organization and management of
monetary systems, incurance and securities activities.
of the State.
(h) Concluding and extending loans within the framework,
annexed to it.
Preparing the general plan of the State for promot-
ing the national economy, and taking the necesary
measures to execute them in accordance with the
law.
of the general policy of the State.
Supervising all semi-official administrations, govern-
ment companies and institutions of public
utility.
Supervising and following up execution of laws,
regulations, decisions and republican ordinances,
preserving the State security and protecting citizens'
rights and state interests.
Supervising activities of ministries, administrations,
public and local bodies. The government may cancel
or amend her inconvenient decisions in the way
defined by the law.
Article 70. An authority for general financial supervi
sion shall be established in Iraq Republic. The authority's
formation, principles and rules of its undertaking supervision
and controlling activities shall be organized by the law.
Article 71. Deliberations of the Council of Ministers
shall be secret, decisic ns shall be taken by a majority of
the members present who shall constitute a majority and
by their approval if the voting is equal, the side including
the Prime Minister shall have a casting vote and its decision]
shalt be binding to all members,
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Article 72. A person to be appointed as Prime Minister,
Vice Premier of Minister must be Iraqi and of Iraqi parents
descending from a family living in Iraq since 900 at least,
and holding an Ottoman nationality prior to that date; not
less than 30 years old and enjoying full civil and political rights;
not marries to a foreigner; (Arab woman descending from
Arab parents shall be considering as Iraqi for this
purpose).
. Article 73. Members of the government shall swear the
following oath before the President of the Republic and
before assuming their duties : "(I swear by God the Great
that I shall be faithful to my religion, homeland and nation,
preserve the Republican Regime, respect the Constitution
and law, fully look after people's interests and protect the
country's independence and the homeland's security.)"
Article 74. Prime Minister, Vice Premiers or Ministers
shall not during the term of their office, exercise a free
profession or commercial, financial, industrial or economic,
work, or buy or hire any State property, or sell or lease
to her any of their property, or barter their property for
hers.
Article' 75. The President of the Republic, or the Prime
Minister by the approval of the President of the Republic,
may refer a Minister to trial for crimes committed by him
while. carrying out his 'duties, in the manner defined by
law.
Article 76. Resignation or relieve of Prime Minister shall
imply the resignation of all Ministers.
Third : Armed Forces.
Article 77. Iraq Republic Armed Forces are the property
of the people, and they are their means for protection and
security of homeland, safeguarding its territories and preser-
vation of national integrity.
Article 78. The State alone shall establish the Amed
Forces which comprise army, police forces, security and
guard.
Article 79. No body or group shall establish military or
semi-military formations.
Art. 80. Public mobilization (call up) shall be organized
in accordance with law.
Article 81. Law shall define the conditions of service and
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us s Prime Minister,
i of Iraqi parents
:. nce 900 at least,
that date; not
political rights;
2escending from
Iraqi for this
:, ~ shall swear the
u~c. Republic and
b,i, God the Great
aa:id and nation,
t the Constitution
and protect the
rity.)?
s or Ministers
exercise a free
ial or economic,
sell or lease
property for
ii(--, or the Prime
)1 the Republic,
committed by him
uwxr defined by
irn(, Minister shall
are the property
d r protection and
:+ j( ^ and preser-
bli' li the Amed
cc., security and
J;lish military or
)e organized
o)f service and
The Interim Constitution of Iraq (196 -5) 159
promotion for Armed Forces officers.
Article 82. No member of the Armed Force shall join a
party or political faction. Spreading political and party ideas
in the ranks of the Armed Forces by means is absolutely
forbidden.
Fourth : Local Administration.
Article 83. Iraq Republic shall be divided into
Administrative units to be organized, and administered in
accordance with law.
Article 84. Bodies representing administrative units
shall be in charge of all affairs of the units they represent,
and shall participate in the implementation of the general
plan of the State; they may initiate and manage economic,
social, health and educational projects and institutions, in
accordance with law.
CHAPTER IV-THE JUDICATURE
Article 85. Judges and Qadhis are independent and
shall only be ruled, in their activities, by the law, and no
power shall ever interfere in the independence in judicature
or justice . affairs. Judicial power shall be organized by
law.
Article 86. The law shall arrange the order of divisions
and grades of courts, and define their jurisdictions.
Article 87. Courts sessions shall be public except if they
are deemed by the court to be in secret in compliance with
general discipline or morals.
Article 88. Judgements shall be announced and executed
in the name of the people.
Article 89. Judges and Qadhis may not be dismissed;
and that is as prescribed by law.
Article 90. Law shall define the conditions of appoint-
ment, transfer and discipline of Judges and Qadhis.
Article 91. Law shall organize the post of General Prose-
cutor, his assistants and powers.
Article 92. Appointment of General Prosecutor, his
assistants. discipline and their dismissal shall be in accordance
with law.
Article 93. State Council shall be formed by law, and
shall undertake administration of judicature, and formulating,
revising and explaining laws and regulations.
PART FIVE
General Provisions
Article 94. The city of Baghdad is the capital of Iraq
Republic.
Article 95. Law shall define the national flag and
provisions thereof, also the State emblem and provisjog5
thereof shall be defined by law.
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0FEB1987.
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160 Politics in Iraq
Article 96. Provisions of laws shall be valid from the
date of their enforcement; and they shall have no retroactive
effect, yet it may be-other than in criminal matters-
provided otherwise by law.
Article 97. Laws shall be published in the Official Gazette
and become effective from date of their publication unless
otherwise stated.
PART SIX
Transitional Provisions
Article 98. Decisions, Notifications, Order and Decrees
issued by the President of the Republic or the Head of the
National Council of Revolutionary Command or Commander-
in-Chief of the Armed Forces, in the period from 18th
November, 1963 shall have the force of law from the date of
their issue, and thus shall cancel all contradictory provisions
of laws which were effective prior to their issuance. They
shall never be cancelled or amended except in the manner
defined by this Interim Constitution.
Article 99. Legislations which were in force prior to the
issue of this Interim Constitution shall be valid, and they
shall not be repealed or amended except in the manner
defined by this Interim Constitution.
Article 100. On enforcement of this Interim Constitution,
the present- President of the Republic shall take the oath
mentioned in Article (42) before the National Council of
the Revolutionary Command together with the Council of
Ministers.
Article 101. The present president of the Republic shall
continue exercising functions of his offices till the President
of the Republic is elected in accordance with the provisions of
the Permanent Constitution.
Article 102. The transition period shall not exceed three
years, commencing from the execution of this Interim
Constitution.
Article 103. The Interim Constitution dated 2 7th of July,
1958 shall be repealed.
Article 104. This Interim Constitution shall be valid until
the permanent Constitution to be promulgated by the
Parliament or the rising of State of unity.
Article 105. This Interim Constitution shall come into
force with effect from the date of its publication in the
official Gazette.
Article 106. The Minister of State is charged with the
execution of this Constitution.
Made at Baghdad this 17th day of Thil Hijja, 1383 and
the 19th day of April, 1964,