Shura Council Law in Saudi Arabia

The Shura Council Law in the Kingdom of Saudi Arabia defines the mechanisms for the functioning of the Shura Council, its formation, powers, and responsibilities. It was issued by Royal Decree on March 1, 1992. Some of its articles were later amended by Royal Decrees.

The Law of the Shura Council establishes its authority, stating that the council is formed and carries out its duties in accordance with the provisions of this law and the Basic Law of Governance. The council adheres to the Quran and the Sunnah of the Prophet, upholding the principles of brotherhood and cooperation in righteousness and piety. It is based on holding fast to the bond of Allah and adhering to the sources of Islamic legislation. The members of the council are committed to serving the public good, preserving the unity of the community, the integrity of the state, and the interests of the nation.

The headquarters of the Shura Council is in Riyadh, but the council may hold meetings in another city within the Kingdom. The term of the Shura Council is four Hijri years, starting from the date specified in the Royal Order for its formation. The new council must be formed at least two months before the end of the previous council's term. If the term expires before the new council is formed, the previous council continues its duties until the new one is established. When forming the new council, at least half of the members must be new.

The Shura Council is composed of a Speaker and 150 members, all selected by the King from individuals with knowledge, expertise, and experience. Women's representation must be no less than 20 percent of the total members. The rights, duties, and all matters related to the members are determined by Royal Order. The Speaker of the council, the Vice Speaker, the Assistant, and the Secretary-General of the council are appointed and dismissed by Royal Orders. Their ranks, duties, rights, and all related matters are also specified by Royal Order. A member must be of Saudi nationality by origin and upbringing, be known for integrity and competence, and be at least thirty years old.

Before assuming their duties, the Speaker of the Shura Council, its members, and the Secretary-General must take the following oath before the King: "I swear to Allah Almighty to be loyal to my religion, then to my King and Country, and not to reveal any of the State’s secrets, to preserve its interests and laws, and to perform my duties with sincerity, integrity, loyalty, and fairness."

A meeting of the Shura Council is considered valid if at least two-thirds of its members, including the Speaker or their representative, are present. Decisions are not considered valid unless approved by the majority of the council.

The Law of the Shura Council grants members the right to submit a request for exemption from their membership to the Speaker of the Council. The Speaker is then required to present this request to the King. If a member fails to fulfill their duties, they are subject to investigation and trial in accordance with rules and procedures issued by Royal Order. If a seat in the council becomes vacant for any reason, the King selects a replacement, and a Royal Order is issued to that effect.

The Law of the Shura Council prohibits members from exploiting their membership for personal gain. It also forbids members from holding both council membership and any government position or managing any company, unless the King deems it necessary.

Each year, the King, or someone appointed by him, delivers a Royal Address to the Shura Council, outlining the Kingdom’s domestic and foreign policy. The Law of the Shura Council defines the council's responsibilities, which include providing opinions on the general policies of the state referred to it by the Prime Minister. This is done through discussions on the general plan for economic and social development and expressing opinions on it. The council is also responsible for interpreting laws, studying laws, regulations, international agreements, treaties, and concessions, and offering its recommendations. Additionally, it reviews the annual reports of ministries and other government agencies and makes proposals regarding them.

The Shura Council submits its decisions to the King, who determines which of them will be referred to the Council of Ministers. If the two councils agree on their views, the decisions are issued after the King’s approval. If there are differing views between the two councils, the matter is returned to the Shura Council to express its opinion and submit it to the King, who will make the final decision. Laws, international agreements, treaties, and concessions are issued and amended by Royal Decrees after being reviewed by the Shura Council.

The Shura Council forms specialized committees from among its members to exercise its powers. The Shura Council has the right to form special committees from among its members to address the issues listed on its agenda. The council's committees may also seek assistance from non-members, with the approval of the Speaker of the council. The council has a general body composed of the Speaker, the Vice Speaker, the Assistant, and the chairs of the specialized committees.

The Law of the Shura Council requires the Speaker to submit a request to the Prime Minister for the attendance of any government official at the council's sessions if the council is discussing matters related to their responsibilities. The official may participate in discussions but does not have the right to vote. Additionally, the Speaker must submit a request to the Prime Minister for the provision of any documents and data from government agencies that the council deems necessary to facilitate its work. The Shura Council has the right to propose a new law or suggest amendments to an existing law, study it within the council, and the Speaker must submit the council's decisions to the King.

The Speaker of the Shura Council submits an annual report to the King on the council's activities. Civil service regulations apply to the Council's employees. The Shura Council is allocated a special budget approved by the King, from which expenditures are made. Financial affairs in the council, financial oversight, and final accounts are regulated according to specific rules issued by Royal Decree.

The internal regulations of the Shura Council govern the responsibilities of the Speaker, the Vice Speaker, the Assistant, the Secretary-General, the council's bodies, voting procedures, the management of its meetings, the conduct of its business, and the work of its committees. They also regulate discussion rules, rebuttal protocols, and other matters that ensure order and discipline within the council.