Council of Ministers

The Council of Ministers is the highest executive authority in the Kingdom of Saudi Arabia. The council has two fixed headquarters, one in the capital Riyadh adjacent to al-Yamamah Palace, and the other in Jeddah near Salam Palace. These are the two palaces where state guests are received. Sometimes, the council holds its sessions in another location within the Kingdom. The council is composed of: the prime minister (the King), the deputy prime minister (the Crown Prince), and a number of ministers. The council formulates all the public policies of the state and oversees their implementation. On September 27, 2022, the Custodian of the Two Holy Mosques, King Salman Bin Abdulaziz Al Saud, issued a Royal Decree stipulating that His Royal Highness Prince Mohammed Bin Salman Bin Abdulaziz Al Saud, the crown prince, is the prime minister. This is an exception to the provisions of Article fifty-six of the Basic Law of Governance and related provisions in the Council of Ministers Law. The King presides over the Council of Ministers sessions that he attends.

Article Twelve of the Council of Ministers Law stipulates that the Council of Ministers consists of the prime minister, deputy prime ministers, working ministers, state ministers appointed as members of the Council of Ministers by Royal Order, and the King's advisors appointed as members of the Council of Ministers by Royal Order.

A royal decree was issued a month before the passing of the founder of the country, King Abdulaziz, to establish the Council of Ministers on October 9, 1953. King Saud presided over the first session of the Council of Ministers on March 7, 1954. At that time, Prince Faisal was the deputy prime minister, and among the ministers who attended were Princes Fahd, Sultan, Mishal, and Talal, along with Abdullah Bin Suleiman al-Humaidan, the first Minister of Finance, and five advisors to King Abdulaziz.

The council maintained, from 1954 to 1993, its previous law issued in 1958, until King Fahd issued a Royal Decree amending the Council of Ministers Law to its current form on August 20, 1993.

The Custodian of the Two Holy Mosques presides over the Council of Ministers' session. (SPA)

Article Twenty-Nine of the Council of Ministers Law states that the King, as the head of the Council of Ministers, directs the general policy of the state, ensures guidance, coordination, and cooperation among various government bodies, and guarantees harmony, continuity, and unity in the work of the Council of Ministers. He supervises the Council of Ministers, ministries, and government agencies, and monitors the implementation of regulations, laws, and decisions. All ministries and other government agencies are required to submit to the prime minister, within ninety days from the beginning of each fiscal year, a report on their achievements compared to what was outlined in the general development plan during the past fiscal year, along with any difficulties they encountered and proposals for the smooth progress of their work.

The Council of Ministers, in accordance with its law and taking into account the stipulations of the Basic Law of Governance and the Shura Council Law, is responsible for formulating domestic and foreign policies, as well as financial, economic, educational, and defense matters, along with all other public affairs of the state. It oversees their implementation and reviews the decisions of the Shura Council. It holds executive authority and serves as the reference for financial and administrative matters in all other ministries and government agencies.

Article Twenty of the Council of Ministers Law further states that without prejudice to the stipulations of the Shura Council Law, laws, treaties, international agreements, and concessions are issued and amended by Royal Decrees after being studied by the Council of Ministers.

The Council of Ministers operates according to the system established by the council, the nature of its sessions, and the method for holding members of the council accountable in case of a violation of the law.

The bylaws specified that meetings of the council are presided by the King or one of the deputy prime ministers, and its decisions become final after the King's approval.

The council's term is a maximum of four years, during which it may be restructured by Royal Decree. If the term expires before restructuring, it continues its work until the restructuring is complete.

Attending council meetings is a right restricted to its members and the secretary-general of the council exclusively. However, it is permissible, with the president's or a member's request and the prime minister's approval, to invite an official or expert to attend council sessions to offer information and clarifications. It's important to note that voting rights remain the sole prerogative of the members.

Discussions within the council are confidential, but its decisions are generally public, except for those deemed confidential by the council's decision.

The council members are held accountable for any violations they may commit in their official duties as per a special law that lists the violations, specifies the indictments, conducts trials, and composes the court.

The Council of Ministers formulates domestic, foreign, financial, economic, educational, and defense policies, along with all other public affairs of the state. It supervises their implementation, holds executive authority, and serves as the reference for financial and administrative matters in all ministries and other government agencies.

Traditionally, the Council of Ministers in other countries is often referred to as the highest executive body in the government. Similar to some global councils, the Saudi Council of Ministers includes several government agencies in its administrative structure, including the Office of the Prime Minister, the General Secretariat of the Council, and the Bureau of Experts.

Mondays held special significance for Saudis as it was the day when the Council of Ministers convened. On August 17, 2017, a Royal Decree was issued approving a proposal to change the council's meeting day from Monday to Tuesday every week.

The Council of Ministers Law specifies the process by which decisions are made within the council, and the required quota for a council meeting to gain legal status.

The council reviews proposed laws and regulations one by one, then votes on them individually, and finally votes on them collectively, following the procedures outlined in the council's bylaws. Additionally, the council examines the general state budget before its approval by Royal Decree.

The Council meeting is not considered valid unless two-thirds of its members are present. Its decisions are not legal unless they are voted on by the majority of those present. In the event of a tie, the president casts the deciding vote. In exceptional cases, the council's meeting is considered valid when half its members are present, and its decisions are legal if two-thirds of those present agree on them. The prime minister is to decide on such exceptional cases.

Members of the Council of Ministers are not permitted to engage in any commercial work, accept any position, or become members of the board of directors of any company. These restrictions have been put in place to alleviate external pressure or influence on the ministers, and to enable them to focus on their governmental duties.

The Council of Ministers Law does not permit ministers to hold both their position and another governmental role, unless the prime minister deems it necessary. The law also prohibits them from directly or indirectly purchasing, renting, or participating in public auctions of any state property. Ministers are not allowed to sell or lease any of their properties to the government. They are also barred from engaging in any commercial or financial activities or becoming members of the board of directors of any company.

The Council of Ministers, in its capacity as the direct executive authority in the Kingdom, holds complete dominance over matters of implementation and administration. Its executive authority includes monitoring the implementation of laws, regulations, and decisions, as well as establishing and organizing public interests. It oversees the execution of the general development plan and establishes committees to investigate the functioning of ministries and other government agencies, or specific issues. These committees present their findings to the council within a designated time frame, and the council reviews these results, having the authority to form committees for further investigation in light of the findings, while adhering to the provisions of laws and regulations.

The Council of Ministers Law stipulates that the government may only grant a loan after the approval of the Council of Ministers and the issuance of a Royal Decree on the matter. It also stipulates that the Council of Ministers reviews the state budget and votes on it item by item. The state budget is issued by Royal Decree. The law also stipulates that any increase in the budget must be by Royal Decree. The Minister of Finance and National Economy submits the final accounts of the state for the past fiscal year to the prime minister for referral to the Council of Ministers for approval.

The Saudi ministers are responsible for their respective ministries in the Kingdom. They are members of the Council of Ministers and state ministers, entrusted with the task of implementing legislation, laws, and public policies of the state. They are appointed and dismissed by Royal Decree.

The duties of ministers in the Saudi government revolve around directly overseeing the affairs of their ministries, implementing laws and regulations, attending sessions of the Council of Ministers, maintaining the confidentiality of the council's discussions, and proposing draft laws or regulations related to their ministries.

Each minister is entitled to propose a draft law or regulation related to the affairs of their ministry. Additionally, every member of the Council of Ministers may propose what they deem beneficial for discussion in the council, after obtaining the approval of the Prime Minister.

Each minister has a deputy who is appointed and dismissed by Royal Decree. The deputy takes on the minister's duties when the minister is absent, with the exception of attending Council of Ministers meetings. When a minister is absent, only another minister can represent them in the Council of Ministers.

In the Kingdom, individuals meeting the necessary qualifications and requirements, whether they hail from the ruling family or the general public, are eligible to take on ministerial roles. According to the Council of Ministers Law, it is a prerequisite for a minister, before his appointment, to be of Saudi origin, known for his integrity and competence, not convicted of a crime that compromises his religious and moral values, and to assume his duties only after taking the oath before the King, in the following form: 'I swear by Allah the Almighty to be loyal to my religion, then to my King and country. I swear not to reveal any of the state's secrets, to protect its interests and laws at home and abroad, and to perform my duties with sincerity, integrity, and fairness.'

Article Eight of the Council of Ministers Law stipulates that the appointment, dismissal, and acceptance of resignations of the Council of Ministers is done by Royal Decree. Their responsibilities are defined according to Articles Fifty-Seven and Fifty-Eight of the Basic Law of Governance. The council's bylaws stipulate their rights.

The Council of Ministers' session is chaired by the Custodian of the Two Holy Mosques. (SPA)

The longest tenure by a Saudi minister in his position was fifty years by Prince Sultan Bin Abdulaziz Al Saud, who held the Ministry of Defense from 1962 to 2011. King Faisal Bin Abdulaziz was the first to hold a ministerial position in the history of the Kingdom of Saudi Arabia. He was the first Minister of Foreign Affairs and was a prince at that time. Additionally, he was the only one to hold a ministerial position alongside his role as king for a period of thirteen years.

The first Minister of Finance was Abdullah Bin Suleiman al-Hamdan. The first Minister of Defense was Prince Mansour Bin Abdulaziz when the ministry was called the Ministry of Defense and General Inspection. The first Minister of Education was King Fahd Bin Abdulaziz when he was a prince, and the ministry was called the Ministry of Knowledge at that time. The first Minister of Economy was Hisham Muhyi al-Din Nazir when the ministry was called the Ministry of Planning. The first Minister of Commerce was Mohammad Bin Abdullah Ali Reda. The first Minister of Health was Prince Abdullah al-Faisal Bin Abdulaziz. The first Minister of the National Guard was Prince Mutaib Bin Abdullah Bin Abdulaziz. The first Minister of Interior was Prince Faisal Bin Abdulaziz. The first Minister of Agriculture was Prince Sultan Bin Abdulaziz. The first Minister of Energy was Abdullah Bin Hamoud al-Tariki, back when the ministry was called the Ministry of Petroleum and Mineral Resources. The first Minister of Hajj and Endowments, (currently Hajj and Umrah), was Hussein Bin Ali Arab. The first Minister of Justice was Mohammad Bin Ali al-Harkan. The first Minister of Municipal and Rural Affairs and Housing was Prince Majed Bin Abdulaziz. The first Minister of Human Resources was Prince Faisal Bin Turki Bin Abdulaziz. The first Minister of Communications was Alawi Darwish Kiyal, when the ministry was called the Ministry of Telegraph, Post, and Telephone. The first Minister of Transportation was Prince Talal Bin Abdulaziz, when the ministry was called the Ministry of Transportation. The first Minister of Information was Jameel al-Hujailan. The first Minister of Islamic Affairs was Dr. Abdullah Bin Abdulmohsen al-Turki. The first Minister of Investment was Khalid Bin Abdulaziz al-Falih. The first Minister of Industry was Bandar Bin Ibrahim al-Khorayef. The first Minister of Culture was Prince Badr Bin Farhan Al Saud. The first Minister of Sports was Prince Abdulaziz Bin Turki al-Faisal.

The Bureau of Experts is a Saudi advisory body concerned with reviewing applicable regulations and laws, proposing amendments, and drafting new ones to be presented to the Council of Ministers in the Kingdom for approval. It was established on March 17, 1954, as a division within the Council of Ministers, known as the technical experts division. After 23 years, it became an independent entity with its own budget affiliated with the Council of Ministers. Its name was later changed to the Bureau of Experts on August 20, 1993.

The selection of the president and members of the Bureau of Experts is done by Royal Decree. The bureau is composed of several specialized committees formed as needed, along with various departments that convene to study the memoranda and reports submitted by the members of the bureau regarding projects of regulations and laws, and the establishment of general principles. For any law to become approved within a new or existing project or regulation, it must first receive the approval of the Bureau of Experts after a thorough examination. Regulations and laws cannot be passed without going through the bureau. The bureau holds full authority in preparing or proposing the abrogation of legislation and government laws. It also reviews agreements that involve establishing general principles or require the issuance of Royal Decrees, or those that concern more than one governmental entity.

The Bureau of Experts is considered the legal arm of the government in concluding domestic and international agreements, and in studying regulations and developments for the functioning of government bodies. As common in supreme councils in foreign countries, such as the U.S. Senate, the Bureau of Experts enacts and submits new legal legislation to the Council of Ministers for approval.

The bureau is entrusted with researching transactions referred to it by the Council of Ministers, preparing draft laws, and formulating appropriate forms for certain Royal Orders, decrees, and Council of Ministers' resolutions. The bureau collaborates with government agencies in studying subjects referred to it by the King, the Council of Ministers, or the supreme councils.