Law of the Council of Ministers in Saudi Arabia

The Law of the Council of Ministers in the Kingdom of Saudi Arabia is a set of rules and regulations governing the functioning of the Council of Ministers, its formation, powers, and the responsibilities and authorities of the ministers. The law was issued on August 20, 1993.

According to the Law of the Council of Ministers, the Council of Ministers is a regulatory body headed by the King. Its headquarters is in Riyadh City, but its sessions may be held in other cities within the Kingdom. A member of the Council of Ministers must be of Saudi nationality by birth and descent, be known for their integrity and competence, and must not have been convicted of a crime that compromises religion or honor.

Members of the Council of Ministers may not begin their duties until they take the following oath: "I swear by Allah Almighty to be faithful to my religion, then to my King and my country. I swear not to reveal any of the state's secrets, to protect its interests and laws, and to perform my duties with sincerity, integrity, and fairness."

The Law of the Council of Ministers stipulates that the council is composed of the Prime Minister, the Deputy Prime Ministers, the working ministers, Ministers of State appointed as members of the council by Royal Order, and the King’s advisors who are appointed as members of the Council by Royal Order.

Attendance at council meetings is a right reserved exclusively for its members, in addition to the Secretary-General of the council. Upon the request of the Chairman or one of the members, and with the approval of the Prime Minister, a responsible official or expert may be allowed to attend council sessions to provide information and clarifications. However, the right to vote is reserved for the members only.

The Law of the Council of Ministers outlines the powers of the King as the Prime Minister. He directs the general policy of the state, ensures coordination, guidance, and cooperation between various government bodies, and guarantees harmony, continuity, and unity in the work of the Council of Ministers. The King also supervises the Council, ministries, and government agencies, and oversees the implementation of laws, regulations, and decisions.

The Law of the Council of Ministers requires all ministries and other government agencies to submit a report to the Prime Minister within ninety days from the beginning of each fiscal year. This report should detail the achievements made in comparison to the general development plan for the concluded fiscal year, the difficulties encountered, and any proposals they may have for improving the efficiency of their operations.

The King, as the Prime Minister, presides over the meetings of the Council of Ministers, or one of the Deputy Prime Ministers may do so in his absence. The decisions of the council do not become final until approved by the King. The appointment, dismissal, and acceptance of resignations of council members are done by Royal Order. The term of the Council of Ministers does not exceed four years, after which it is reconstituted by Royal Order. If the term expires before the council is reconstituted, it continues to perform its duties until the reformation takes place.

A meeting of the Council of Ministers is not considered valid unless two-thirds of its members are present, and its decisions are not official unless passed by a majority of those present. In the case of a tie, the Prime Minister’s vote is decisive. In exceptional circumstances, the meeting is considered valid with the presence of half the members, but in such cases, the decisions are only official if approved by two-thirds of those present. The Prime Minister determines what constitutes exceptional circumstances. The deliberations of the Council of Ministers are considered confidential, while its decisions are generally public, except for those deemed confidential by a decision of the council.

The Council of Ministers defines the Kingdom’s domestic, foreign, financial, economic, educational, and defense policies, along with all other public affairs, and oversees their implementation. It reviews the decisions of the Shura Council and holds executive authority. The council also serves as the central authority for financial and administrative matters across all ministries and other government agencies.

Laws, treaties, international agreements, and concessions are issued and amended by Royal Decrees after being reviewed by the Council of Ministers. The council reviews draft laws and regulations presented to it, voting on them article by article, followed by a vote on the entire document. All decrees must be published in the official gazette and come into effect from the date of publication unless a different date is specified.

The Council of Ministers has full authority over execution and administration as the direct executive authority. Its executive responsibilities include: overseeing the implementation of laws, regulations, and decisions; establishing and organizing public services; monitoring the execution of the general development plan; and forming committees to investigate the performance of ministries and other government agencies or specific issues. These committees submit their findings to the council within the timeframe set for them. The council reviews the findings and has the right to form investigative committees based on them and make a final decision.

In financial matters: the government may not contract a loan without the approval of the Council of Ministers and the issuance of a Royal Decree. The Council of Ministers reviews the state budget, voting on it chapter by chapter, and it is issued by Royal Decree. Any increase to the budget can only be made through a Royal Decree. The Minister of Finance submits the final state accounts for the concluded fiscal year to the Prime Minister, who refers them to the Council of Ministers for approval.

The Law of the Council of Ministers prohibits members from holding membership in the council alongside any other government position unless the Prime Minister deems it necessary. Additionally, members are prohibited from directly or indirectly purchasing, leasing, or bidding on any state-owned property. They also may not sell or lease any of their property to the government. Furthermore, members are forbidden from engaging in any commercial or financial activity or accepting membership on the board of directors of any company.

According to the Law of the Council of Ministers, the minister is the direct head and the ultimate authority for the affairs of their ministry. The minister performs their duties in accordance with the provisions of this law and other related laws and regulations. The Prime Minister may issue an order for another minister to act on behalf of an absent minister in the Council. In the absence of the minister, the deputy minister exercises the minister's powers.

The Council of Ministers does not make a decision on matters related to the work of a ministry unless its minister, or their representative, is present, unless necessity dictates otherwise. Each minister has the right to propose a draft law or regulation related to their ministry's work. Additionally, any member of the Council of Ministers may propose a topic for discussion in the council if the Prime Minister approves.

The Law of the Council of Ministers establishes the procedure for the trial of its members for violations committed in their official duties. The trial is conducted under a special law that outlines the violations, specifies the procedures for indictment and trial, and details the composition of the court.