PART ONE
General Principles
I. Form of the State
ARTICLE 1- The State of Turkey is a Republic.
II. Characteristics of the Republic
ARTICLE 2- The Republic of Turkey is a democratic,
secular and social state governed by rule of law, within the
notions of public peace, national solidarity and justice, respecting
human rights, loyal to the nationalism of Atatürk, and based on
the fundamental tenets set forth in the preamble.
III. Integrity, official language, flag, national anthem,
and capital of the State
ARTICLE 3- The State of Turkey, with its territory and
nation, is an indivisible entity. Its language is Turkish.
Its flag, the form of which is prescribed by the relevant law,
is composed of a white crescent and star on a red background.
Its national anthem is the “Independence March”.
Its capital is Ankara.
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IV. Irrevocable provisions
ARTICLE 4- The provision of Article 1 regarding the form
of the State being a Republic, the characteristics of the Republic
in Article 2, and the provisions of Article 3 shall not be amended,
nor shall their amendment be proposed.
V. Fundamental aims and duties of the State
ARTICLE 5- The fundamental aims and duties of the
State are to safeguard the independence and integrity of the
Turkish Nation, the indivisibility of the country, the Republic
and democracy, to ensure the welfare, peace, and happiness of
the individual and society; to strive for the removal of political,
economic, and social obstacles which restrict the fundamental
rights and freedoms of the individual in a manner incompatible
with the principles of justice and of the social state governed
by rule of law; and to provide the conditions required for the
development of the individual’s material and spiritual existence.
VI. Sovereignty
ARTICLE 6- Sovereignty belongs to the Nation without
any restriction or condition.
The Turkish Nation shall exercise its sovereignty through
the authorized organs, as prescribed by the principles set forth
in the Constitution.
The exercise of sovereignty shall not be delegated by any
means to any individual, group or class. No person or organ
shall exercise any state authority that does not emanate from the
Constitution.
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VII.Legislative power
ARTICLE 7- Legislative power is vested in the Grand
National Assembly of Turkey on behalf of Turkish Nation. This
power shall not be delegated.
VIII. Executive power and function
ARTICLE 8- (As amended on April 16, 2017; Act No.
6771) Executive power and function shall be exercised and
carried out by the President of the Republic in conformity with
the Constitution and laws.
IX. Judicial power
ARTICLE 9- (As amended on April 16, 2017; Act No.
6771) Judicial power shall be exercised by independent and
impartial courts on behalf of the Turkish Nation.
X. Equality before the law
ARTICLE 10- Everyone is equal before the law without
distinction as to language, race, colour, sex, political opinion,
philosophical belief, religion and sect, or any such grounds.
(Paragraph added on May 7, 2004; Act No. 5170) Men and
women have equal rights. The State has the obligation to ensure
that this equality exists in practice. (Sentence added on September
12, 2010; Act No. 5982) Measures taken for this purpose shall
not be interpreted as contrary to the principle of equality.
(Paragraph added on September 12, 2010; Act No. 5982)
Measures to be taken for children, the elderly, disabled people,
widows and orphans of martyrs as well as for the invalid and veterans
shall not be considered as violation of the principle of equality.
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No privilege shall be granted to any individual, family,
group or class.
State organs and administrative authorities are obliged to act
in compliance with the principle of equality before the law in all
their proceedings.2
XI. Supremacy and binding force of the Constitution
ARTICLE 11- The provisions of the Constitution are
fundamental legal rules binding upon legislative, executive
and judicial organs, and administrative authorities and other
institutions and individuals.
Laws shall not be contrary to the Constitution.
PART TWO
Fundamental Rights and Duties
CHAPTER ONE
General Provisions
I. Nature of fundamental rights and freedoms
ARTICLE 12- Everyone possesses inherent fundamental
rights and freedoms, which are inviolable and inalienable.
The fundamental rights and freedoms also comprise the
duties and responsibilities of the individual to the society, his/
her family, and other individuals.

2 The phrase “and in benefiting from all kinds of public services” was added after the
phrase “in all their proceedings” by the first Article of Act No. 5735 dated February 9,
2008 and annulled by the decision of the Constitutional Court dated June 5, 2008 numbered
E. 2008/16, K. 2008/116 (Official Gazette numbered 27032 of October 22, 2008).
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II. Restriction of fundamental rights and freedoms
ARTICLE 13- (As amended on October 3, 2001; Act No. 4709)
Fundamental rights and freedoms may be restricted only
by law and in conformity with the reasons mentioned in the
relevant articles of the Constitution without infringing upon
their essence. These restrictions shall not be contrary to the
letter and spirit of the Constitution and the requirements of the
democratic order of the society and the secular republic and the
principle of proportionality.
III. Prohibition of abuse of fundamental rights and
freedoms
ARTICLE 14- (As amended on October 3, 2001; Act No. 4709)
None of the rights and freedoms embodied in the Constitution
shall be exercised in the form of activities aiming to violate the
indivisible integrity of the State with its territory and nation, and
to endanger the existence of the democratic and secular order of
the Republic based on human rights.
No provision of this Constitution shall be interpreted in
a manner that enables the State or individuals to destroy the
fundamental rights and freedoms recognized by the Constitution
or to stage an activity with the aim of restricting them more
extensively than stated in the Constitution.
The sanctions to be applied against those who perpetrate
activities contrary to these provisions shall be determined by
law.
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IV. Suspension of the exercise of fundamental rights and
freedoms
ARTICLE 15- (As amended on April 16, 2017; Act No.
6771) In times of war, mobilization, a state of emergency, the
exercise of fundamental rights and freedoms may be partially
or entirely suspended, or measures derogating the guarantees
embodied in the Constitution may be taken to the extent required
by the exigencies of the situation, as long as obligations under
international law are not violated.
(As amended on May 7, 2004; Act No. 5170) Even under the
circumstances indicated in the first paragraph, the individual’s
right to life, the integrity of his/her corporeal and spiritual
existence shall be inviolable except where death occurs through
acts in conformity with law of war; no one shall be compelled
to reveal his/her religion, conscience, thought or opinion, nor be
accused on account of them; offences and penalties shall not be
made retroactive; nor shall anyone be held guilty until so proven
by a court ruling.
V. Status of aliens
ARTICLE 16- The fundamental rights and freedoms
in respect to aliens may be restricted by law compatible with
international law.
CHAPTER TWO
Rights and Duties of the Individual
I. Personal inviolability, corporeal and spiritual existence
of the individual
ARTICLE 17- Everyone has the right to life and the right
to protect and improve his/her corporeal and spiritual existence.
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The corporeal integrity of the individual shall not be violated
except under medical necessity and in cases prescribed by law;
and shall not be subjected to scientific or medical experiments
without his/her consent.
No one shall be subjected to torture or mal-treatment; no
one shall be subjected to penalties or treatment incompatible
with human dignity.
(As amended on May 7, 2004; Act No. 5170, April 16,
2017; Act No. 6771) The act of killing in case of self-defence
and, when permitted by law as a compelling measure to use a
weapon, during the execution of warrants of capture and arrest,
the prevention of the escape of lawfully arrested or convicted
persons, the quelling of riot or insurrection, or carrying out the
orders of authorized bodies during state of emergency, do not
fall within the scope of the provision of the first paragraph.
II. Prohibition of forced labour
ARTICLE 18- No one shall be forced to work. Forced
labour is prohibited.
Work required of an individual while serving a sentence or
under detention provided that the form and conditions of such
labour are prescribed by law; services required from citizens
during a state of emergency; and physical or intellectual work
necessitated by the needs of the country as a civic obligation
shall not be considered as forced labour.
III. Personal liberty and security
ARTICLE 19- Everyone has the right to personal liberty
and security.
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No one shall be deprived of his/her liberty except in the
following cases where procedure and conditions are prescribed
by law:
Execution of sentences restricting liberty and the
implementation of security measures decided by courts; arrest
or detention of an individual in line with a court ruling or an
obligation upon him designated by law; execution of an order
for the purpose of the educational supervision of a minor, or for
bringing him/her before the competent authority; execution of
measures taken in conformity with the relevant provisions of
law for the treatment, education or rehabilitation of a person of
unsound mind, an alcoholic, drug addict, vagrant, or a person
spreading contagious diseases to be carried out in institutions
when such persons constitute a danger to the public; arrest or
detention of a person who enters or attempts to enter illegally
into the country or for whom a deportation or extradition order
has been issued.
Individuals against whom there is strong evidence of having
committed an offence may be arrested by decision of a judge
solely for the purposes of preventing escape, or preventing
the destruction or alteration of evidence, as well as in other
circumstances prescribed by law and necessitating detention.
Arrest of a person without a decision by a judge may be
executed only when a person is caught in flagrante delicto or in
cases where delay is likely to thwart the course of justice; the
conditions for such acts shall be defined by law.
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Individuals arrested or detained shall be promptly notified,
in all cases in writing, or orally when the former is not possible,
of the grounds for their arrest or detention and the charges
against them; in cases of offences committed collectively this
notification shall be made, at the latest, before the individual is
brought before a judge.
(As amended on April 16, 2017; Act No. 6771) The person
arrested or detained shall be brought before a judge within at latest
forty-eight hours and in case of offences committed collectively
within at most four days, excluding the time required to send
the individual to the court nearest to the place of arrest. No one
can be deprived of his/her liberty without the decision of a judge
after the expiry of the 9 above specified periods. These periods
may be extended during a state of emergency or in time of war.
(As amended on October 3, 2001; Act No. 4709) The next
of kin shall be notified immediately when a person has been
arrested or detained.
Persons under detention shall have the right to request trial
within a reasonable time and to be released during investigation
or prosecution. Release may be conditioned by a guarantee as to
ensure the presence of the person at the trial proceedings or the
execution of the court sentence.
Persons whose liberties are restricted for any reason are
entitled to apply to the competent judicial authority for speedy
conclusion of proceedings regarding their situation and for their
immediate release if the restriction imposed upon them is not
lawful.
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(As amended on October 3, 2001; Act No. 4709) Damage
suffered by persons subjected to treatment other than these
provisions shall be compensated by the State in accordance with
the general principles of the compensation law.
IV. Privacy and protection of private life
A. Privacy of private life
ARTICLE 20- Everyone has the right to demand respect
for his/her private and family life. Privacy of private or family
life shall not be violated. (Sentence repealed on May 3, 2001;
Act No. 4709)
(As amended on October 3, 2001; Act No. 4709) Unless there
exists a decision duly given by a judge on one or several of the
grounds of national security, public order, prevention of crime,
protection of public health and public morals, or protection of
the rights and freedoms of others, or unless there exists a written
order of an agency authorized by law, in cases where delay is
prejudicial, again on the above-mentioned grounds, neither the
person, nor the private papers, nor belongings of an individual
shall be searched nor shall they be seized. The decision of the
competent authority shall be submitted for the approval of the
judge having jurisdiction within twenty-four hours. The judge
shall announce his decision within forty-eight hours from the
time of seizure; otherwise, seizure shall automatically be lifted.
(Paragraph added on September 12, 2010; Act No. 5982)
Everyone has the right to request the protection of his/her
personal data. This right includes being informed of, having
access to and requesting the correction and deletion of his/
her personal data, and to be informed whether these are used
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in consistency with envisaged objectives. Personal data can be
processed only in cases envisaged by law or by the person’s
explicit consent. The principles and procedures regarding the
protection of personal data shall be laid down in law.
B. Inviolability of the domicile
ARTICLE 21- (As amended on October 3, 2001; Act No. 4709)
The domicile of an individual shall not be violated. Unless
there exists a decision duly given by a judge on one or several
of the grounds of national security, public order, prevention
of crime, protection of public health and public morals, or
protection of the rights and freedoms of others, or unless there
exists a written order of an agency authorized by law in cases
where delay is prejudicial, again on these grounds, no domicile
may be entered or searched or the property seized therein. The
decision of the competent authority shall be submitted for the
approval of the judge having jurisdiction within twenty-four
hours. The judge shall announce his decision within fortyeight hours from the time of seizure; otherwise, seizure shall be
automatically lifted.
C. Freedom of communication
ARTICLE 22- (As amended on October 3, 2001; Act No. 4709)
Everyone has the freedom of communication. Privacy of
communication is fundamental.
Unless there exists a decision duly given by a judge on
one or several of the grounds of national security, public order,
prevention of crime, protection of public health and public
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morals, or protection of the rights and freedoms of others, or
unless there exists a written order of an agency authorized by
law in cases where delay is prejudicial, again on the abovementioned grounds, communication shall not be impeded nor its
privacy be violated. The decision of the competent authority shall
be submitted for the approval of the judge having jurisdiction
within twenty-four hours. The judge shall announce his decision
within forty-eight hours from the time of seizure; otherwise,
seizure shall be automatically lifted.
Public institutions and agencies where exceptions may be
applied are prescribed in law.
V. Freedom of residence and movement
ARTICLE 23- Everyone has the freedom of residence and
movement.
Freedom of residence may be restricted by law for the
purpose of preventing crimes, promoting social and economic
development, achieving sound and orderly urbanization, and
protecting public property.
Freedom of movement may be restricted by law for the
purpose of investigation and prosecution of an offence, and
prevention of crimes.
(As amended on October 3, 2001; Act No. 4709, and as
amended on September 12, 2010; Act No. 5982) A citizen’s
freedom to leave the country may be restricted only by the decision
of a judge based on a criminal investigation or prosecution.
Citizens shall not be deported, or deprived of their right of
entry into the homeland.
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VI. Freedom of religion and conscience
ARTICLE 24- Everyone has the freedom of conscience,
religious belief and conviction.
Acts of worship, religious rites and ceremonies shall be
conducted freely, as long as they do not violate the provisions
of Article 14.
No one shall be compelled to worship, or to participate in
religious rites and ceremonies, or to reveal religious beliefs and
convictions, or be blamed or accused because of his religious
beliefs and convictions.
Religious and moral education and instruction shall be
conducted under state supervision and control. Instruction in
religious culture and morals shall be one of the compulsory
lessons in the curricula of primary and secondary schools.
Other religious education and instruction shall be subject to the
individual’s own desire, and in the case of minors, to the request
of their legal representatives.
No one shall be allowed to exploit or abuse religion or
religious feelings, or things held sacred by religion, in any manner
whatsoever, for the purpose of personal or political interest or
influence, or for even partially basing the fundamental, social,
economic, political, and legal order of the State on religious tenets.
VII.Freedom of thought and opinion
ARTICLE 25- Everyone has the freedom of thought and
opinion.
No one shall be compelled to reveal his/her thoughts and
opinions for any reason or purpose; nor shall anyone be blamed
or accused because of his/her thoughts and opinions.
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VIII. Freedom of expression and dissemination of thought
ARTICLE 26- Everyone has the right to express and
disseminate his/her thoughts and opinions by speech, in
writing or in pictures or through other media, individually or
collectively. This freedom includes the liberty of receiving or
imparting information or ideas without interference by official
authorities. This provision shall not preclude subjecting
transmission by radio, television, cinema, or similar means to a
system of licensing.
(As amended on October 3, 2001; Act No. 4709) The exercise
of these freedoms may be restricted for the purposes of national
security, public order, public safety, safeguarding the basic
characteristics of the Republic and the indivisible integrity of the
State with its territory and nation, preventing crime, punishing
offenders, withholding information duly classified as a state
secret, protecting the reputation or rights and private and family
life of others, or protecting professional secrets as prescribed by
law, or ensuring the proper functioning of the judiciary.
(Repealed on October 3, 2001; Act No. 4709)
Regulatory provisions concerning the use of means to
disseminate information and thoughts shall not be deemed as
the restriction of freedom of expression and dissemination of
thoughts as long as the transmission of information and thoughts
is not prevented.
(Paragraph added on October 3, 2001; Act No. 4709) The
formalities, conditions and procedures to be applied in exercising
the freedom of expression and dissemination of thought shall be
prescribed by law.
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IX. Freedom of science and the arts
ARTICLE 27- Everyone has the right to study and teach,
express, and disseminate science and the arts, and to carry out
research in these fields freely.
The right to disseminate shall not be exercised for the purpose
of changing the provisions of articles 1, 2 and 3 of the Constitution.
The provision of this article shall not preclude regulation by
law of the entry and distribution of foreign publications in the
country.
X. Provisions relating to the press and publication
A. Freedom of the press
ARTICLE 28- The press is free, and shall not be censored.
The establishment of a printing house shall not be subject to
prior permission or the deposit of a financial guarantee.
(Repealed on October 3, 2001; Act No. 4709)
The State shall take the necessary measures to ensure
freedom of the press and information.
In the limitation of freedom of the press, the provisions of
articles 26 and 27 of the Constitution shall apply.
Anyone who writes any news or articles which threaten
the internal or external security of the State or the indivisible
integrity of the State with its territory and nation, which tend to
incite offence, riot or insurrection, or which refer to classified
state secrets or has them printed, and anyone who prints or
transmits such news or articles to others for the purposes above,
shall be held responsible under the law relevant to these offences.
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Distribution may be prevented as a precautionary measure by
the decision of a judge, or in case delay is deemed prejudicial,
by the competent authority explicitly designated by law. The
authority preventing the distribution shall notify a competent
judge of its decision within twenty-four hours at the latest. The
order preventing distribution shall become null and void unless
upheld by a competent judge within forty-eight hours at the
latest.
No ban shall be placed on the reporting of events, except by
the decision of judge issued within the limits specified by law, to
ensure proper functioning of the judiciary.
Periodical and non-periodical publications may be seized
by a decision of a judge in cases of ongoing investigation
or prosecution of crimes specified by law; or by order of the
competent authority explicitly designated by law, in situations
where delay may constitute a prejudice with respect to the
protection of the indivisible integrity of the State with its territory
and nation, national security, public order or public morals and
for the prevention of crime. The competent authority issuing
the order to seize shall notify a competent judge of its decision
within twenty-four hours at the latest; the order to seize shall
become null and void unless upheld by a judge within fortyeight hours at the latest.
General provisions shall apply when seizing and
confiscating periodicals and non-periodicals for reasons of
criminal investigation and prosecution.
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Periodicals published in Turkey may be temporarily
suspended by court ruling if found to contain material which
contravenes the indivisible integrity of the State with its territory
and nation, the fundamental principles of the Republic, national
security and public morals. Any publication which clearly
bears the characteristics of being a continuation of a suspended
periodical is prohibited; and shall be seized by decision of a
judge.
B. Right to publish periodicals and non-periodicals
ARTICLE 29- Publication of periodicals or non-periodicals
shall not be subject to prior authorization or the deposit of a
financial guarantee.
Submission of the information and documents specified by
law to the competent authority designated by law is sufficient
to publish a periodical. If these information and documents are
found to contravene the laws, the competent authority shall
apply to the court for suspension of publication.
The principles regarding the publication, the conditions of
publication and the financial resources of periodicals, and the
profession of journalism shall be regulated by law. The law shall
not impose any political, economic, financial, and technical
conditions obstructing or making difficult the free dissemination
of news, thoughts, or opinions.
Periodicals shall have equal access to the means and facilities
of the State, other public corporate bodies, and their agencies.
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C. Protection of printing facilities
ARTICLE 30- (As amended on May 7, 2004; Act No. 5170)
A printing house and its annexes, duly established as a press
enterprise under law, and press equipment shall not be seized,
confiscated, or barred from operation on the grounds of having
been used in a crime.
D. Right to use media other than the press owned by
public corporations
ARTICLE 31- Individuals and political parties have the
right to use mass media and means of communication other
than the press owned by public corporations. The conditions and
procedures for such use shall be regulated by law.
(As amended on October 3, 2001; Act No. 4709) The
law shall not impose restrictions preventing the public from
receiving information or accessing ideas and opinions through
these media, or preventing public opinion from being freely
formed, on the grounds other than national security, public
order, or the protection of public morals and health.
E. Right of rectification and reply
ARTICLE 32- The right of rectification and reply shall be
accorded only in cases where personal reputation and honour is
injured or in case of publications of unfounded allegation and
shall be regulated by law.
If a rectification or reply is not published, the judge decides,
within seven days of appeal by the individual involved, whether
or not this publication is required.
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XI. Rights and freedoms of assembly
A. Freedom of association
ARTICLE 33- (As amended on October 3, 2001; Act No. 4709)
Everyone has the right to form associations, or become
a member of an association, or withdraw from membership
without prior permission.
No one shall be compelled to become or remain a member
of an association.
Freedom of association may be restricted only by law on
the grounds of national security, public order, prevention of
commission of crime, public morals, public health and protecting
the freedoms of other individuals.
The formalities, conditions, and procedures to be applied in
the exercise of freedom of association shall be prescribed by law.
Associations may be dissolved or suspended from activity
by the decision of a judge in cases prescribed by law. However,
where it is required for, and a delay constitutes a prejudice to,
national security, public order, prevention of commission or
continuation of a crime, or an arrest, an authority may be vested
with power by law to suspend the association from activity. The
decision of this authority shall be submitted for the approval
of the judge having jurisdiction within twenty-four hours.
The judge shall announce his/her decision within forty-eight
hours; otherwise, this administrative decision shall be annulled
automatically.
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Provisions of the first paragraph shall not prevent imposition
of restrictions on the rights of armed forces and security forces
officials and civil servants to the extent that the duties of civil
servants so require.
The provisions of this article shall also apply to foundations.
B. Right to hold meetings and demonstration marches
ARTICLE 34- (As amended on October 3, 2001; Act No. 4709)
Everyone has the right to hold unarmed and peaceful
meetings and demonstration marches without prior permission.
The right to hold meetings and demonstration marches shall
be restricted only by law on the grounds of national security, public
order, prevention of commission of crime, protection of public
health and public morals or the rights and freedoms of others.
The formalities, conditions, and procedures to be applied
in the exercise of the right to hold meetings and demonstration
marches shall be prescribed by law.
XII. Right to property
ARTICLE 35- Everyone has the right to own and inherit
property.
These rights may be limited by law only in view of public
interest.
The exercise of the right to property shall not contravene
public interest.
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XIII. Provisions on the protection of rights
A. Freedom to claim rights
ARTICLE 36- (As amended on October 3, 2001; Act No.
4709) Everyone has the right of litigation either as plaintiff or
defendant and the right to a fair trial before the courts through
legitimate means and procedures.
No court shall refuse to hear a case within its jurisdiction.
B. Principle of natural judge
ARTICLE 37- No one may be tried by any judicial authority
other than the legally designated court.
Extraordinary tribunals with jurisdiction that would in effect
remove a person from the jurisdiction of his legally designated
court shall not be established.
C. Principles relating to offences and penalties
ARTICLE 38- No one shall be punished for any act which
does not constitute a criminal offence under the law in force at
the time committed; no one shall be given a heavier penalty for
an offence other than the penalty applicable at the time when the
offence was committed.
The provisions of the above paragraph shall also apply to
the statute of limitations on offences and penalties and on the
results of conviction.
Penalties, and security measures in lieu of penalties, shall be
prescribed only by law.
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No one shall be considered guilty until proven guilty in a
court of law.
No one shall be compelled to make a statement that would
incriminate himself/herself or his/her legal next of kin, or to
present such incriminating evidence.
(Paragraph added on October 3, 2001; Act No. 4709)
Findings obtained through illegal methods shall not be
considered evidence.
Criminal responsibility shall be personal.
(Paragraph added on October 3, 2001; Act No. 4709) No
one shall be deprived of his/her liberty merely on the ground of
inability to fulfil a contractual obligation.
(Paragraph added on October 3, 2001; Act No. 4709, and
repealed on May 7, 2004; Act No. 5170)
(As amended on May 7, 2004; Act No. 5170) Neither death
penalty nor general confiscation shall be imposed as punishment.
The administration shall not impose any sanction resulting
in restriction of personal liberty. Exceptions to this provision
may be introduced by law regarding the internal order of the
armed forces.
(As amended on May 7, 2004; Act No. 5170) No citizen
shall be extradited to a foreign country because of an offence,
except under obligations resulting from being a party to the
International Criminal Court.
XIV. Right to prove an allegation
ARTICLE 39- In libel and defamation suits involving
allegations against persons in the public service in connection
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with their functions or services, the defendant has the right
to prove the allegations. A plea for presenting proof shall not
be granted in any other case, unless finding out whether the
allegation is true or not would serve the public interest, or unless
the plaintiff consents.
XV. Protection of fundamental rights and freedoms
ARTICLE 40- Everyone whose constitutional rights and
freedoms have been violated has the right to request prompt
access to the competent authorities.
(Paragraph added on October 3, 2001; Act No. 4709) The
State is obliged to indicate in its proceedings, the legal remedies
and authorities the persons concerned should apply and time
limits of the applications.
Damages incurred to any person through unlawful treatment
by public officials shall be compensated for by the State as per
the law. The state reserves the right of recourse to the official
responsible.
CHAPTER THREE
Social and Economic Rights and Duties
I. Protection of the family, and children’s rights3
ARTICLE 41- (Paragraph added on October 3, 2001; Act
No. 4709) Family is the foundation of the Turkish society and
based on the equality between the spouses.

3
The phrase “and children’s rights” was added by the fourth Article of Act No. 5982
dated September 12, 2010.
40
The State shall take the necessary measures and establish
the necessary organization to protect peace and welfare of
the family, especially mother and children, and to ensure the
instruction of family planning and its practice.
(Paragraph added on September 12, 2010; Act No. 5982)
Every child has the right to protection and care and the right to
have and maintain a personal and direct relation with his/her
mother and father unless it is contrary to his/her high interests.
(Paragraph added on September 12, 2010; Act No. 5982)
The State shall take measures for the protection of the children
against all kinds of abuse and violence.
II. Right and duty of education
ARTICLE 42- No one shall be deprived of the right of
education.
The scope of the right to education shall be defined and
regulated by law.
Education shall be conducted along the lines of the principles
and reforms of Atatürk, based on contemporary scientific and
educational principles, under the supervision and control of the
State. Educational institutions contravening these principles
shall not be established.
The freedom of education does not relieve the individual
from loyalty to the Constitution.
Primary education is compulsory for all citizens of both
sexes and is free of charge in state schools.
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The principles governing the functioning of private primary
and secondary schools shall be regulated by law in keeping with
the standards set for the state schools.
(Paragraph added on February 2, 2008; Act No. 5735, and
annulled by the decision of the Constitutional Court dated June
5, 2008 numbered E. 2008/16, K. 2008/116)
The State shall provide scholarships and other means of
assistance to enable students of merit lacking financial means
to continue their education. The State shall take necessary
measures to rehabilitate those in need of special education so as
to render such people useful to society.
Training, education, research, and study are the only
activities that shall be pursued at institutions of education. These
activities shall not be obstructed in any way.
No language other than Turkish shall be taught as a mother
tongue to Turkish citizens at any institution of education.
Foreign languages to be taught in institutions of education and
the rules to be followed by schools conducting education in a
foreign language shall be determined by law. The provisions of
international treaties are reserved.
III. Public interest
A. Utilization of the coasts
ARTICLE 43- The coasts are under the authority and
disposal of the State.
In the utilization of sea coasts, lake shores or river banks,
and of the coastal strip along the sea and lakes, public interest
shall be taken into consideration with priority.
42
The width of coasts and coastal strips according to the
purpose of utilization and the conditions of utilization by
individuals shall be determined by law.
B. Land ownership
ARTICLE 44- The State shall take the necessary measures
to maintain and develop efficient land cultivation, to prevent
its loss through erosion, and to provide land to farmers with
insufficient land of their own, or no land. For this purpose, the
law may define the size of appropriate land units, according to
different agricultural regions and types of farming. Provision of
land to farmers with no or insufficient land shall not lead to a fall
in production, or to the depletion of forests and other land and
underground resources.
Lands distributed for this purpose shall neither be divided
nor be transferred to others, except through inheritance, and
shall be cultivated only by the farmers to whom the lands have
been distributed, and their heirs. In the event of loss of these
conditions, the principles relating to the recovery by the State of
the land thus distributed shall be prescribed by law.
C. Protection of agriculture, animal husbandry, and
persons engaged in these activities
ARTICLE 45- The State facilitates farmers and livestock
breeders in acquiring machinery, equipment and other inputs in
order to prevent improper use and destruction of agricultural land,
meadows and pastures and to increase crop and livestock production
in accordance with the principles of agricultural planning.
43
The State shall take necessary measures for the utilization of
crop and livestock products, and to enable producers to be paid
the real value of their products.
D. Expropriation
ARTICLE 46- (As amended on October 3, 2001; Act No. 4709)
The State and public corporations shall be entitled, where
the public interest requires, to expropriate privately owned real
estate wholly or in part and impose administrative servitude on
it, in accordance with the principles and procedures prescribed
by law, provided that the actual compensation is paid in advance.
The compensation for expropriation and the amount
regarding its increase rendered by a final judgment shall be paid
in cash and in advance. However, the procedure to be applied for
compensation for expropriated land for the purposes of carrying
out agriculture reform, major energy and irrigation projects, and
housing and resettlement schemes, afforestation, and protecting
the coasts, and tourism shall be regulated by law. In the cases
where the law may allow payment in instalments, the payment
period shall not exceed five years, whence payments shall be
made in equal instalments.
Compensation for the land expropriated from the small
farmer who cultivates his/her own land shall be paid in advance
in all cases.
An interest equivalent to the highest interest paid on public
claims shall apply in the instalments envisaged in the second
paragraph and expropriation costs not paid for any reason.
44
E. Nationalization and privatization4
ARTICLE 47- Private enterprises performing services
of public nature may be nationalized in exigencies of public
interest.
Nationalization shall be carried out on the basis of real
value. The methods and procedures for calculating real value
shall be prescribed by law.
(Paragraph added on August 13, 1999; Act No. 4446)
Principles and rules concerning the privatization of enterprises
and assets owned by the State, state economic enterprises, and
other public corporate bodies shall be prescribed by law.
(Paragraph added on August 13, 1999; Act No. 4446) Those
investments and services carried out by the State, state economic
enterprises and other public corporate bodies, which could be
performed by or delegated to persons or corporate bodies
through private law contracts shall be determined by law.
IV. Freedom of work and contract
ARTICLE 48- Everyone has the freedom to work and
conclude contracts in the field of his/her choice. Establishment
of private enterprises is free.
The State shall take measures to ensure that private
enterprises operate in accordance with national economic
requirements and social objectives and in security and stability.

4
The phrase “and privatization” was added by the first Article of Act No. 4446 dated
August 13, 1999.
45
V. Provisions relating to labour
A. Right and duty to work
ARTICLE 49- Everyone has the right and duty to work.
(As amended on October 3, 2001; Act No. 4709) The State
shall take the necessary measures to raise the standard of living
of workers, and to protect workers and the unemployed in
order to improve the general conditions of labour, to promote
labour, to create suitable economic conditions for prevention of
unemployment and to secure labour peace.
(Repealed on October 3, 2001; Act No. 4709)
B. Working conditions and right to rest and leisure
ARTICLE 50- No one shall be required to perform work
unsuited to his/her age, sex, and capacity.
Minors, women, and physically and mentally disabled
persons, shall enjoy special protection with regard to working
conditions.
All workers have the right to rest and leisure.
Rights and conditions relating to paid weekends and holidays,
together with paid annual leave, shall be regulated by law.
C. Right to organize unions
ARTICLE 51- (As amended on October 3, 2001; Act No. 4709)
Employees and employers have the right to form unions
and higher organizations, without prior permission, and they
also possess the right to become a member of a union and to
freely withdraw from membership, in order to safeguard and
46
develop their economic and social rights and the interests of
their members in their labour relations. No one shall be forced to
become a member of a union or to withdraw from membership.
The right to form a union shall be solely restricted by law
on the grounds of national security, public order, prevention of
commission of crime, public health, public morals and protecting
the rights and freedoms of others.
The formalities, conditions and procedures to be applied in
exercising the right to form union shall be prescribed by law.
(Repealed on September 12, 2010; Act No. 5982)
The scope, exceptions and limits of the rights of civil
servants who do not have a worker status are prescribed by law
in line with the characteristics of their services.
The regulations, administration and functioning of unions and
their higher bodies shall not be inconsistent with the fundamental
characteristics of the Republic and principles of democracy.
D. Activities of unions
ARTICLE 52- (Repealed on July 23, 1995; Act No. 4121)
VI. Collective labour agreement, right to strike, and lockout
A. Rights of collective labour agreement and collective
agreement5
ARTICLE 53- Workers and employers have the right
to conclude collective labour agreements in order to regulate
reciprocally their economic and social position and conditions
of work.

5
The phrase “and collective agreement” was added by the sixth Article of Act No.
5982 dated September 12, 2010.
47
The procedure to be followed in concluding collective
labour agreements shall be regulated by law.
(Paragraph added on July 23, 1995; Act No. 4121, and
repealed on September 12, 2010; Act No. 5982)
(Repealed on September 12, 2010; Act No. 5982)
(Paragraph added on September 12, 2010; Act No. 5982)
Public servants and other public employees have the right to
conclude collective agreements.
(Paragraph added on September 12, 2010; Act No. 5982) The
parties may apply to the Public Servants Arbitration Board if a
disagreement arises during the process of collective agreement.
The decisions of the Public Servants Arbitration Board shall be
final and have the force of a collective agreement.
(Paragraph added on September 12, 2010; Act No. 5982)
The scope of and the exceptions to the right of collective
agreement, the persons to benefit from and the form, procedure
and entry into force of collective agreement and the extension of
the provisions of collective agreement to those retired, as well
as the organization and operating procedures and principles of
the Public Servants Arbitration Board and other matters shall be
laid down in law.
B. Right to strike, and lockout
ARTICLE 54- Workers have the right to strike during
the collective bargaining process if a disagreement arises. The
procedures and conditions governing the exercise of this right
and the employer’s recourse to a lockout, the scope of, and the
exceptions to them shall be regulated by law.
48
The right to strike and lockout shall not be exercised in a
manner contrary to the rules of goodwill, to the detriment of
society, and in a manner damaging national wealth.
(Repealed on September 12, 2010; Act No. 5982)
The circumstances and workplaces in which strikes and
lockouts may be prohibited or postponed shall be regulated by law.
In cases where a strike or a lockout is prohibited or
postponed, the dispute shall be settled by the Supreme
Arbitration Board at the end of the period of postponement. The
disputing parties may apply to the Supreme Arbitration Board
by mutual agreement at any stage of the dispute. The decisions
of the Supreme Arbitration Board shall be final and have the
force of a collective labour agreement.
The organization and functions of the Supreme Arbitration
Board shall be regulated by law.
(Repealed on September 12, 2010; Act No. 5982)
Those who refuse to go on strike shall in no way be barred
from working at their workplace by strikers.
VII.Provision of fair wage
ARTICLE 55- Wages shall be paid in return for work.
The state shall take the necessary measures to ensure that
workers earn a fair wage commensurate with the work they
perform and that they enjoy other social benefits.
(As amended on October 3, 2001; Act No. 4709) In
determining the minimum wage, the living conditions of the
workers and the economic situation of the country shall also be
taken into account.
49
VIII. Health, the environment and housing
A. Health services and protection of the environment
ARTICLE 56- Everyone has the right to live in a healthy
and balanced environment.
It is the duty of the State and citizens to improve the natural
environment, to protect the environmental health and to prevent
environmental pollution.
The State shall regulate central planning and functioning of
the health services to ensure that everyone leads a healthy life
physically and mentally, and provide cooperation by saving and
increasing productivity in human and material resources.
The State shall fulfil this task by utilizing and supervising
the health and social assistance institutions, in both the public
and private sectors.
In order to establish widespread health services, general
health insurance may be introduced by law.
B. Right to housing
ARTICLE 57- The State shall take measures to meet the
need for housing within the framework of a plan that takes
into account the characteristics of cities and environmental
conditions, and also support community housing projects.
IX. Youth and sports
A. Protection of the youth
ARTICLE 58- The State shall take measures to ensure the
education and development of the youth into whose keeping
our independence and our Republic are entrusted, in the light
50
of positive science, in line with the principles and reforms of
Atatürk, and in opposition to ideas aiming at the destruction of
the indivisible integrity of the State with its territory and nation.
The State shall take necessary measures to protect youth
from addiction to alcohol and drugs, crime, gambling, and
similar vices, and ignorance.
B. Development of sports and arbitration6
ARTICLE 59- The State shall take measures to develop the
physical and mental health of Turkish citizens of all ages, and
encourage the spread of sports among the masses.
The state shall protect successful athletes.
(Paragraph added on March 17, 2011; Act No. 6214) The
decisions of sport federations relating to administration and
discipline of sportive activities may be challenged only through
compulsory arbitration. The decisions of Board of Arbitration
are final and shall not be appealed to any judicial authority.
X. Social security rights
A. Right to social security
ARTICLE 60- Everyone has the right to social security.
The State shall take the necessary measures and establish
the organisation for the provision of social security.
B. Persons requiring special protection in the field of
social security
ARTICLE 61- The State shall protect the widows and
orphans of martyrs of war and duty, together with invalid and war
veterans, and ensure that they enjoy a decent standard of living.
6
The phrase “and arbitration” was added by the first Article of Act No. 6214 dated
March 17, 2011.
51
The State shall take measures to protect the disabled and
secure their integration into community life.
The aged shall be protected by the State. State assistance to,
and other rights and benefits of the aged shall be regulated by law.
The State shall take all kinds of measures for social
resettlement of children in need of protection.
To achieve these aims the State shall establish the necessary
organizations or facilities, or arrange for their establishment.
C. Turkish citizens working abroad
ARTICLE 62- The State shall take the necessary measures
to ensure family unity, the education of the children, the cultural
needs, and the social security of Turkish citizens working
abroad, and to safeguard their ties with the home country and to
help them on their return home.
XI. Protection of historical, cultural and natural assets
ARTICLE 63- The State shall ensure the protection of the
historical, cultural and natural assets and wealth, and shall take
supportive and promotive measures towards that end.
Any limitations to be imposed on such privately owned
assets and wealth and the compensation and exemptions to be
accorded to the owners of such, because of these limitations,
shall be regulated by law.
XII.Protection of arts and artists
ARTICLE 64- The State shall protect artistic activities and
artists. The State shall take the necessary measures to protect,
promote and support works of art and artists, and encourage the
spread of appreciation for the arts.
52
XIII. The extent of social and economic duties of the State7
ARTICLE 65- (As amended on October 3, 2001; Act No. 4709)
The State shall fulfil its duties as laid down in the
Constitution in the social and economic fields within the capacity
of its financial resources, taking into consideration the priorities
appropriate with the aims of these duties.
CHAPTER FOUR
Political Rights and Duties
I. Turkish citizenship
ARTICLE 66- Everyone bound to the Turkish State through
the bond of citizenship is a Turk.
The child of a Turkish father or a Turkish mother is a Turk.
(Sentence repealed on October 3, 2001; Act No. 4709)
Citizenship can be acquired under the conditions stipulated
by law, and shall be forfeited only in cases determined by law.
No Turk shall be deprived of citizenship, unless he/she
commits an act incompatible with loyalty to the motherland.
Recourse to the courts in appeal against the decisions and
proceedings related to the deprivation of citizenship shall not
be denied.

7
The heading of this Article, which was stipulated as “XIII. Limits of social and
economic rights”, was amended by the twenty second Article of Act No. 4709 dated
October 3, 2001.
53
II. Right to vote, to be elected and to engage in political
activity
ARTICLE 67- In conformity with the conditions set forth
in the law, citizens have the right to vote, to be elected, to engage
in political activities independently or in a political party, and to
take part in a referendum.
(As amended on July 23, 1995; Act No. 4121) Elections
and referenda shall be held under the direction and supervision
of the judiciary, in accordance with the principles of free, equal,
secret, direct, universal suffrage, and public counting of the
votes. However, the law determines applicable measures for
Turkish citizens abroad to exercise their right to vote.
(As amended on May 17, 1987; Act No. 3361, and on July
23, 1995; Act No. 4121) All Turkish citizens over eighteen years
of age shall have the right to vote in elections and to take part
in referenda.
The exercise of these rights shall be regulated by law.
(As amended on July 23, 1995; Act No. 4121, and on
October 3, 2001; Act No. 4709) Privates and corporals at arms,
cadets, and convicts in penal execution institutions excluding
those convicted of negligent offences shall not vote. The
necessary measures to be taken to ensure the safety of voting
and the counting of the votes in penal execution institutions and
prisons shall be determined by the Supreme Board of Election;
such voting is held under the on-site direction and supervision
of authorized judge.
54
(Paragraph added on July 23, 1995; Act No. 4121) The
electoral laws shall be drawn up so as to reconcile the principles
of fair representation and stability of government.
(Paragraph added on October 3, 2001; Act No. 4709)
Amendments to the electoral laws shall not apply to the elections
to be held within one year from the entry into force date of the
amendments.
III. Provisions relating to political parties
A. Forming parties, membership and withdrawal from
membership in a party
ARTICLE 68- (As amended on July 23, 1995; Act No. 4121)
Citizens have the right to form political parties and duly join
and withdraw from them. One must be over eighteen years of
age to become a member of a party.
Political parties are indispensable elements of democratic
political life.
Political parties shall be formed without prior permission,
and shall pursue their activities in accordance with the provisions
set forth in the Constitution and laws.
The statutes and programs, as well as the activities of
political parties shall not be contrary to the independence of
the State, its indivisible integrity with its territory and nation,
human rights, the principles of equality and rule of law,
sovereignty of the nation, the principles of the democratic and
secular republic; they shall not aim to promote or establish class
or group dictatorship or dictatorship of any kind, nor shall they
incite citizens to crime.
55
Judges and prosecutors, members of higher judicial organs
including those of the Court of Accounts, civil servants in public
institutions and organizations, other public servants who are not
considered to be labourers by virtue of the services they perform,
members of the armed forces and students who are not yet in
higher education, shall not become members of political parties.
The membership of the teaching staff at higher education
to political parties is regulated by law. This law shall not allow
those members to assume responsibilities outside the central
organs of the political parties and it also sets forth the regulations
which the teaching staff at higher education institutions shall
observe as members of political parties in the higher education
institutions.
The principles concerning the membership of students at
higher education to political parties are regulated by law.
The State shall provide the political parties with adequate
financial means in an equitable manner. The principles regarding
aid to political parties, as well as collection of dues and donations
are regulated by law.
B. Principles to be observed by political parties
ARTICLE 69- (As amended on July 23, 1995; Act No. 4121)
The activities, internal regulations and operation of
political parties shall be in line with democratic principles. The
application of these principles is regulated by law.
Political parties shall not engage in commercial activities.
56
The income and expenditure of political parties shall be
consistent with their objectives. The application of this rule
is regulated by law. The auditing of acquisitions, revenue and
expenditure of political parties by the Constitutional Court in
terms of conformity to law as well as the methods of audit and
sanctions to be applied in case of inconformity to law shall be
indicated in law. The Constitutional Court shall be assisted by
the Court of Accounts in performing its task of auditing. The
judgments rendered by the Constitutional Court because of the
auditing shall be final.
The dissolution of political parties shall be decided finally
by the Constitutional Court after the filing of a suit by the office
of the Chief Public Prosecutor of the High Court of Appeals.
The permanent dissolution of a political party shall be
decided when it is established that the statute and program of
the political party violate the provisions of the fourth paragraph
of Article 68.
The decision to dissolve a political party permanently owing
to activities violating the provisions of the fourth paragraph of
Article 68 may be rendered only when the Constitutional Court
determines that the party in question has become a centre for
the execution of such activities. (Sentence added on October 3,
2001; Act No. 4709) A political party shall be deemed to become
the centre of such actions only when such actions are carried
out intensively by the members of that party or the situation is
shared implicitly or explicitly by the grand congress, general
chairpersonship or the central decision-making or administrative
57
organs of that party or by the group’s general meeting or group
executive board at the Grand National Assembly of Turkey or
when these activities are carried out in determination by the
abovementioned party organs directly.
(Paragraph added on October 3, 2001; Act No. 4709)
Instead of dissolving it permanently in accordance with the
above-mentioned paragraphs, the Constitutional Court may rule
the concerned party to be deprived of state aid wholly or in part
with respect to intensity of the actions brought before the court.
A party which has been dissolved permanently shall not be
founded under another name.
The members, including the founders of a political party
whose acts or statements have caused the party to be dissolved
permanently shall not be founders, members, directors or
supervisors in any other party for a period of five years from the
date of publication of the Constitutional Court’s final decision
with its justification for permanently dissolving the party in the
Official Gazette.
Political parties that accept aid from foreign states,
international institutions and persons and corporate bodies of
non-Turkish nationality shall be dissolved permanently.
(As amended on October 3, 2001; Act No. 4709) The
foundation and activities of political parties, their supervision
and dissolution, or their deprival of state aid wholly or in part as
well as the election expenditures and procedures of the political
parties and candidates, are regulated by law in accordance with
the above-mentioned principles.
58
IV. Right to enter public service
A. Entry into public service
ARTICLE 70- Every Turk has the right to enter public service.
No criteria other than the qualifications for the office
concerned shall be taken into consideration for recruitment into
public service.
B. Declaration of assets
ARTICLE 71- Declaration of assets by persons entering
public service and the frequency of such declarations shall be
determined by law. Those serving in the legislative and executive
organs shall not be exempted from this requirement.
V. National service
ARTICLE 72- National service is the right and duty of every
Turk. The manner in which this service shall be performed, or
considered as performed, either in the armed forces or in public
service, shall be regulated by law.
VI. Duty to pay taxes
ARTICLE 73- Everyone is under obligation to pay taxes
according to his financial resources, in order to meet public
expenditure.
An equitable and balanced distribution of the tax burden is
the social objective of fiscal policy.
Taxes, fees, duties, and other such financial obligations shall
be imposed, amended, or revoked by law.
59
(As amended on April 16, 2017; Act No. 6771) The President
of the Republic may be empowered to amend the percentages
of exemption, exceptions and reductions in taxes, fees, duties
and other such financial obligations, within the minimum and
maximum limits prescribed by law.
VII. Right of petition, right to information and appeal to
the Ombudsperson8
ARTICLE 74- (As amended on October 3, 2001; Act
No. 4709) Citizens and foreigners resident in Turkey, with the
condition of observing the principle of reciprocity, have the right
to apply in writing to the competent authorities and to the Grand
National Assembly of Turkey with regard to the requests and
complaints concerning themselves or the public.
(As amended on October 3, 2001; Act No. 4709) The result
of the application concerning himself/herself shall be made
known to the petitioner in writing without delay.
(Repealed on September 12, 2010; Act No. 5982)
(Paragraph added on September 12, 2010; Act No. 5982)
Everyone has the right to obtain information and appeal to the
Ombudsperson.
(Paragraph added on September 12, 2010; Act No. 5982)
The Institution of the Ombudsperson established under the
Grand National Assembly of Turkey examines complaints on
the functioning of the administration.

8
The phrase“right to information and appeal to the Ombudsperson” was added by
the eighth Article of Act No. 5982 dated September 12, 2010.
60
(Paragraph added on September 12, 2010; Act No. 5982)
The Chief Ombudsperson shall be elected by the Grand National
Assembly of Turkey for a term of four years by secret ballot. In
the first two ballots, a two-thirds majority of the total number of
members, and in the third ballot an absolute majority of the total
number of members shall be required. If an absolute majority
cannot be obtained in the third ballot, a fourth ballot shall be
held between the two candidates who have received the greatest
number of votes in the third ballot; the candidate who receives
the greatest number of votes in the fourth ballot shall be elected.
(Paragraph added on September 12, 2010; Act No. 5982)
The way of exercising these rights referred to in this article,
the establishment, duties, functioning of the Ombudsperson
Institution and its proceedings after the examination and
the procedures and principles regarding the qualifications,
elections and personnel rights of the Chief Ombudsperson and
ombudspersons shall be laid down in law.
PART THREE
Fundamental Organs of the Republic
CHAPTER ONE
Legislative Power
I. The Grand National Assembly of Turkey
A. Composition
ARTICLE 75- (As amended on May 17, 1987; Act No. 3361,
on July 23, 1995; Act No. 4121, April 16, 2017; Act No. 6771)
The Grand National Assembly of Turkey shall be composed
of six hundred deputies elected by universal suffrage.
61
B. Eligibility to be a deputy
ARTICLE 76- (As amended on October 13, 2006; Act
No.5551, April 16, 2017; Act No. 6771) Every Turk over the
age of eighteen is eligible to be a deputy.
(As amended on December 27, 2002; Act No. 4777, April
16, 2017; Act No. 6771) Persons who have not completed
primary education, who have been deprived of legal capacity,
who are neither exempt nor deferred from military service, who
are banned from public service, who have been sentenced to a
prison term totalling one year or more excluding involuntary
offences, or to a heavy imprisonment; those who have been
convicted for dishonourable offences such as embezzlement,
corruption, bribery, theft, fraud, forgery, breach of trust,
fraudulent bankruptcy; and persons convicted of smuggling,
conspiracy in official bidding or purchasing, of offences related
to the disclosure of state secrets, of involvement in acts of
terrorism, or incitement and encouragement of such activities,
shall not be elected as a deputy, even if they have been granted
amnesty.
Judges and prosecutors, members of the higher judicial
organs, lecturers at institutions of higher education, members
of the Council of Higher Education, employees of public
institutions and agencies who have the status of civil servants,
other public employees not regarded as labourers on account of
the duties they perform, and members of the armed forces shall
not stand for election or be eligible to be a deputy unless they
resign from Office.
62
C. Election term of the Grand National Assembly of
Turkey and the President of the Republic9
ARTICLE 77- (As amended on October 21, 2007; Act
No.5678 April 16, 2017; Act No. 6771)
Elections for the Grand National Assembly of Turkey and
presidential elections shall be held every five years and on the
same day.
A deputy whose term of office expires is eligible for reelection.
If the required majority cannot be obtained in the first
ballot of a presidential election, a second ballot shall be held in
compliance with the procedure of Article 101.
D. Deferment of elections and by-elections10
ARTICLE 78- If holding new elections is deemed
impossible because of war, the Grand National Assembly of
Turkey may decide to defer elections for a year.
If the grounds do not disappear, the deferment may be
repeated in compliance with the procedure for deferment.
By-elections shall be held when vacancies arise in the
membership of the Grand National Assembly of Turkey. Byelections shall be held once in every election term and cannot

9
The heading of this Article, which was stipulated as “C. Election term of the Grand
National Assembly of Turkey” was amended by the fourth Article of Act No. 6771
dated April 16, 2017.
10 The heading of this Article, which was stipulated as “D. Deferment of elections
for the Grand National Assembly of Turkey and by-elections” was amended by the
sixteenth Article of Act No. 6771 dated April 16, 2017.
63
be held unless thirty months elapse after the general election.
However, in cases where the number of vacant seats reaches five
per cent of the total number of seats, by-elections decided to be
held within three months.
By-elections shall not be held within one year before general
elections.
(Paragraph added on December 27, 2002; Act No. 4777)
Apart from the above specified situations, if all the seats of a
province or electoral district fall vacant in the Assembly, a
by-election shall be held on the first Sunday after ninety days
following the vacancy. The third paragraph of Article 127 of the
Constitution shall not apply for elections held per this paragraph.
E. General administration and supervision of elections
ARTICLE 79- Elections shall be held under the general
administration and supervision of the judicial organs.
(As amended on October 21, 2007; Act No. 5678) The
Supreme Board of Election shall execute all the functions
to ensure the fair and orderly conduct of elections from the
beginning to the end, carry out investigations and take final
decisions, during and after the elections, on all irregularities,
complaints and objections concerning the electoral matters,
and receive the electoral records of the members of the Grand
National Assembly of Turkey and presidential election. No
appeal shall be made to any authority against the decisions of
the Supreme Board of Election.
64
The functions and powers of the Supreme Board of Election
and other electoral boards shall be determined by law.
The Supreme Board of Election shall be composed of seven
regular members and four substitutes. Six of the members shall
be elected by the General Board of High Court of Appeals,
and five of the members shall be elected by the General Board
of Council of State from amongst their own members, by the
vote of the absolute majority of the total number of members
through secret ballot. These members shall elect a chairperson
and a vice-chairperson from amongst themselves, by absolute
majority and secret ballot.
Amongst the members elected to the Supreme Board of
Election by the High Court of Appeals and by the Council of
State, two members from each group shall be designated by lot
as substitute members. The Chairperson and Vice-Chairperson
of the Supreme Board of Election shall not take part in this
procedure.
(As amended on October 21, 2007; Act No. 5678) The
general conduct and supervision of a referendum on laws
amending the Constitution and of election of the President of
the Republic by people shall be subject to the same provisions
relating to the election of deputies.
F. Provisions relating to membership

1. Representing the nation
   ARTICLE 80- Members of the Grand National Assembly
   of Turkey shall not represent their own constituencies or
   constituents, but the nation as a whole.
   65
2. Oath-taking
   ARTICLE 81- Members of the Grand National Assembly
   of Turkey, on assuming office, shall take the following oath:
   “I swear upon my honour and integrity, before the great
   Turkish Nation, to safeguard the existence and independence of
   the state, the indivisible integrity of the country and the nation,
   and the absolute sovereignty of the nation; to remain loyal to
   the supremacy of law, to the democratic and secular republic,
   and to Atatürk’s principles and reforms; not to deviate from the
   ideal according to which everyone is entitled to enjoy human
   rights and fundamental freedoms under the notion of peace and
   prosperity in society, national solidarity and justice, and loyalty
   to the Constitution.”
3. Activities incompatible with membership
   ARTICLE 82- Members of the Grand National Assembly
   of Turkey shall not hold office in state departments and other
   public corporate bodies and their subsidiaries; in corporations
   and enterprises where there is direct or indirect participation
   of the State or public corporate bodies; in the enterprises
   and corporations where the State and other public corporate
   bodies take part directly or indirectly; in the executive and
   supervisory boards of public benefit associations whose private
   resources of revenues and privileges are provided by law; of
   the foundations receiving subsidies from the state and enjoying
   tax exemption; of the professional organizations having the
   characteristics of public institutions and trade unions; and in the
   executive and supervisory boards of aforementioned enterprises
   66
   and corporations which they have a share and in their higher
   bodies. Nor shall they be representatives, accept any contracted
   engagement of the boards stated above directly or indirectly,
   serve as a representative, or perform as an arbitrator therein.
   Members of the Grand National Assembly of Turkey shall not
   be entrusted with any official or private duties involving proposal,
   recommendation, appointment, or approval by the executive
   organ. (Sentence repealed on April 16, 2017; Act No. 6771)
   Other duties and activities incompatible with membership
   in the Grand National Assembly of Turkey shall be regulated
   by law.
4. Parliamentary immunity
   ARTICLE 83- Members of the Grand National Assembly
   of Turkey shall not be liable for their votes and statements
   during parliamentary proceedings, for the views they express
   before the Assembly, or, unless the Assembly decides otherwise,
   on the proposal of the Bureau for that sitting, for repeating or
   revealing these outside the Assembly.
   A deputy who is alleged to have committed an offence before
   or after election shall not be detained, interrogated, arrested or
   tried unless the Assembly decides otherwise. This provision
   shall not apply in cases where a member is caught in flagrante
   delicto requiring heavy penalty and in cases subject to Article 14
   of the Constitution as long as an investigation has been initiated
   before the election. However, in such situations the competent
   authority has to notify the Grand National Assembly of Turkey
   of the case immediately and directly.
   67
   The execution of a criminal sentence imposed on a member
   of the Grand National Assembly of Turkey either before or after
   his election shall be suspended until he ceases to be a member;
   the statute of limitations does not apply during the term of
   membership.
   Investigation and prosecution of a re-elected deputy shall be
   subject to the Assembly’s lifting the immunity anew.
   Political party groups in the Grand National Assembly
   of Turkey shall not hold debates or take decisions regarding
   parliamentary immunity.
5. Loss of membership
   ARTICLE 84- (As amended on July 23, 1995; Act No. 4121)
   The loss of membership of a deputy who has resigned shall
   be decided upon by the Plenary of the Grand National Assembly
   of Turkey after the Bureau of the Grand National Assembly of
   Turkey attests to the validity of the resignation.
   The loss of membership, through a final judicial sentence or
   deprivation of legal capacity, shall take effect after the Plenary
   has been notified of the final court decision on the matter.
   The loss of membership of a deputy who insists on holding a
   position or carrying out a service incompatible with membership
   according to Article 82 shall be decided by the Plenary through
   secret voting, upon the submission of a report drawn up by the
   authorized committee setting out the factual situation.
   Loss of membership of a deputy who fails to attend
   Parliamentary proceedings without excuse or leave of absence
   68
   for five sessions, in a period of one month shall be decided upon
   by the Plenary with a majority of the total number of members
   after the Bureau of the Assembly determines the situation.
   (Repealed on September 12, 2010; Act No. 5982)
6. Application for annulment
   ARTICLE 85- (As amended on July 23, 1995; Act No. 4121)
   If the parliamentary immunity of a deputy has been lifted
   or if the loss of membership has been decided according to
   the first, third or fourth paragraphs of Article 84, the deputy in
   question or another deputy may, within seven days from the
   date of the decision of the Plenary, appeal to the Constitutional
   Court, for the decision to be annulled on the grounds that it is
   contrary to the Constitution, law or the Rules of Procedure. The
   Constitutional Court shall make the final decision on the appeal
   within fifteen days.
7. Salaries and travel allowances
   ARTICLE 86- (As amended on November 21, 2001; Act
   No. 4720) Salaries, travel allowances and retirement procedures
   of the members of the Grand National Assembly of Turkey shall
   be regulated by law. The monthly amount of the salary shall
   not exceed the salary of the most senior civil servant; the travel
   allowance shall not surpass half of that salary. The members of
   the Grand National Assembly of Turkey and retired members
   are affiliated with the Pension Fund of the Turkish Republic, and
   the affiliation of those whose membership have expired continue
   upon their request.
   69
   (As amended on November 21, 2001; Act No. 4720)
   The salaries and allowances to be paid to the members of the
   Grand National Assembly of Turkey shall not necessitate the
   termination of pensions and similar payments entitled by the
   Pension Fund of the Turkish Republic.
   A maximum of three months’ salaries and travel allowances
   may be paid in advance.
   II. Duties and powers of the Grand National Assembly
   of Turkey
   A. General
   ARTICLE 87- (As amended on October 3, 2001; Act No.
   4709, and on May 7, 2004; Act No. 5170, and on April 16, 2017;
   Act No. 6771) The duties and powers of the Grand National
   Assembly of Turkey are to enact, amend, and repeal laws; to
   debate and adopt the budget bills and final accounts bills; to decide
   to issue currency and declare war; to approve the ratification of
   international treaties, to decide with the majority of three-fifths
   of the Grand National Assembly of Turkey to proclaim amnesty
   and pardon; and to exercise the powers and carry out the duties
   envisaged in the other articles of the Constitution.
   B. Introduction and deliberation of bills
   ARTICLE 88- (As amended on April 16, 2017; Act No.
   6771) Deputies are empowered to introduce bills.
   (As amended on April 16, 2017; Act No. 6771) The
   procedure and principles regarding the deliberation of bills in
   the Grand National Assembly of Turkey shall be regulated by
   the Rules of Procedure.
   70
   C. Promulgation of laws by the President of the Republic
   ARTICLE 89- The President of the Republic shall
   promulgate the laws adopted by the Grand National Assembly
   of Turkey within fifteen days.
   (As amended on October 3, 2001; Act No. 4709) The
   President of the Republic shall send the laws that he deems, in
   whole or in part, unsuitable for promulgation, along with the
   justification, back to the Grand National Assembly of Turkey
   for reconsideration in the same period. In case of being partially
   deemed unsuitable by the President of the Republic, the Grand
   National Assembly of Turkey may discuss only those articles.
   Budget laws shall not be subject to this provision.
   (As amended on April 16, 2017; Act No. 6771) If the
   Grand National Assembly of Turkey adopts the law sent back
   for reconsideration without any amendment with absolute
   majority, the law shall be promulgated by the President of the
   Republic; if the Assembly makes a new amendment to the law,
   the President of the Republic may send the amended law back
   for reconsideration.
   Provisions relating to constitutional amendments are reserved.
   D. Ratification of international treaties
   ARTICLE 90- The ratification of treaties concluded with
   foreign states and international organisations on behalf of the
   Republic of Turkey shall be subject to adoption by the Grand
   National Assembly of Turkey by a law approving the ratification.
   71
   Agreements regulating economic, commercial or technical
   relations, and covering a period of no more than one year, may
   be put into effect through promulgation, provided they do not
   entail any financial commitment by the State, and provided they
   do not interfere with the status of individuals or with the property
   rights of Turks abroad. In such cases, these agreements shall be
   brought to the knowledge of the Grand National Assembly of
   Turkey within two months of their promulgation.
   Implementation agreements based on an international
   treaty, and economic, commercial, technical, or administrative
   agreements, which are concluded depending on the authorization
   as stated in the law, shall not require approval of the Grand
   National Assembly of Turkey. However, economic, commercial
   agreements or agreements relating to the rights of individuals
   concluded under the provision of this paragraph shall not be put
   into effect unless promulgated.
   Agreements resulting in amendments to Turkish laws shall
   be subject to the provisions of the first paragraph.
   International agreements duly put into effect have the force
   of law. No appeal to the Constitutional Court shall be made
   with regard to these agreements, on the grounds that they are
   unconstitutional. (Sentence added on May 7, 2004; Act No.
   5170) In the case of a conflict between international agreements,
   duly put into effect, concerning fundamental rights and freedoms
   and the laws due to differences in provisions on the same matter,
   the provisions of international agreements shall prevail.
   72
   E. Authorization to issue decrees having the force of law
   ARTICLE 91- (Repealed on April 16, 2017; Act No. 6771)
   F. Declaration of state of war and authorization to deploy
   the armed forces
   ARTICLE 92- The power to authorize the declaration of a
   state of war in cases deemed legitimate by international law and
   except where required by international treaties to which Turkey
   is a party or by the rules of international courtesy to send the
   Turkish Armed Forces to foreign countries and to allow foreign
   armed forces to be stationed in Turkey, is vested in the Grand
   National Assembly of Turkey.
   If the country is subjected to sudden armed aggression,
   while the Grand National Assembly of Turkey is adjourned or
   in recess, and it thus becomes imperative to decide immediately
   on the use of the armed forces, the President of the Republic can
   decide on the use of the Turkish Armed Forces.
   III. Provisions relating to the activities of the Grand
   National Assembly of Turkey
   A. Convening and recess
   ARTICLE 93- (As amended on July 23, 1995; Act No.
   4121) The Grand National Assembly of Turkey shall convene of
   its own accord on the first day of October each year.
   (As amended on April 16, 2017; Act No. 6771) The Assembly
   may be in recess for a maximum of three months in a legislative
   year; during adjournment or recess it may be summoned by the
   President of the Republic.
   73
   The Speaker of the Assembly may also summon the
   Assembly either on his own initiative or at the written request of
   one fifth of the members.
   The Grand National Assembly of Turkey convened during
   an adjournment or recess shall not adjourn or go into recess
   again before having given priority consideration to the matter
   requiring the summons.
   B. Bureau of the Assembly
   ARTICLE 94- The Bureau of the Assembly of the Grand
   National Assembly of Turkey shall be composed of the Speaker,
   vicespeakers, secretaries, and quaestors elected from among
   members of the Assembly.
   The Bureau of the Assembly shall be so composed as to
   ensure proportionate representation to the number of members
   of each political party group in the Assembly. Political party
   groups shall not nominate candidates for the Office of the
   Speaker.
   (As amended on September 12, 2010; Act No. 5982) Two
   elections to the Bureau of the Grand National Assembly of
   Turkey shall be held in one legislative term. The term of office
   of those elected in the first round is two years and the term of
   office of those elected in the second round shall continue until
   the end of that legislative term.
   (As amended on October 3, 2001; Act No. 4709) The
   candidates from among the members of the Assembly for the
   Office of the Speaker of the Grand National Assembly of Turkey
   74
   shall be announced, within five days of the convening of the
   Assembly, to the Bureau of the Assembly. Election of the Speaker
   shall be held by secret ballot. In the first two ballots, a two-thirds
   majority of the total number of members, and in the third ballot
   an absolute majority of the total number of members is required.
   If an absolute majority cannot be obtained in the third ballot,
   a fourth ballot shall be held between the two candidates who
   have received the highest number of votes in the third ballot; the
   member who receives the greatest number of votes in the fourth
   ballot shall be elected as Speaker. The election of the Speaker
   shall be completed within five days after the expiry of the period
   for the nomination of candidates.
   The quorum required for election, the number of ballots
   and its procedure, the number of vice-speakers, secretaries and
   quaestors, shall be determined by the Rules of Procedure.
   The Speaker and vice-speakers of the Grand National
   Assembly of Turkey cannot participate, within or outside the
   Assembly, in the activities of the political party or party group in
   which they are a member; nor in parliamentary debates, except
   in cases required by their functions; the Speaker and the vicespeaker who is presiding over the session shall not vote.
   C. Rules of Procedure, political party groups and
   security affairs
   ARTICLE 95- The Grand National Assembly of Turkey
   shall carry out its activities in accordance with the provisions of
   the Rules of Procedure drawn up by itself.
   75
   The provisions of the Rules of Procedure shall be drawn up
   in such a way as to ensure the participation of each political party
   group in all the activities of the Assembly in proportion to its
   number of members. Political party groups shall be constituted
   only if they have at least twenty members.
   All security and administrative services of the Grand
   National Assembly of Turkey regarding all buildings,
   installations, annexes and lands shall be organised and directed
   by the Office of the Speaker of the Assembly. Sufficient forces
   to ensure security and other such services shall be allocated
   to the Office of the Speaker of the Assembly by the relevant
   authorities.
   D. Quorums and majority for decisions
   ARTICLE 96- (As amended on October 21, 2007; Act No.
   5678) The Grand National Assembly of Turkey shall convene
   with at least one-third of the total number of members for all its
   affairs, including elections it holds. Unless otherwise stipulated
   in the Constitution, the Grand National Assembly of Turkey
   shall take decisions by an absolute majority of those present;
   however, the majority for decision can, under no circumstances,
   be less than one plus a quarter of the total number of members.
   (Repealed on April 16, 2017; Act No. 6771)
   E. Publicity and publication of debates
   ARTICLE 97- Debates held in the Plenary of the Grand
   National Assembly of Turkey shall be public and shall be
   published verbatim in the Journal of Minutes.
   76
   The Grand National Assembly of Turkey may hold closed
   sittings in accordance with the provisions of the Rules of
   Procedure; the publication of debates of such sittings shall be
   subject to the decision of the Grand National Assembly of Turkey.
   Public debates in the Assembly may be freely published
   through all means, unless a decision to the contrary is adopted
   by the Assembly upon a proposal of the Bureau.
   IV. Ways of obtaining information and supervision by
   the Grand National Assembly of Turkey11
   ARTICLE 98- (As amended on April 16, 2017; Act No. 6771)
   The Grand National Assembly of Turkey shall exercise
   its powers of obtaining information and supervision by means
   of parliamentary inquiry, general debate, parliamentary
   investigation and written question.
   A parliamentary inquiry is an examination conducted to
   obtain information on a specific subject.
   A general debate is the consideration of a specific subject
   relating to the community and the activities of the State at the
   Plenary of the Grand National Assembly of Turkey.
   A parliamentary investigation is an investigation made
   under the paragraphs V, VI and VII of the Article 106 concerning
   the deputies of the President of the Republic and the ministers.
   A written question is a question asked by deputies to the
   deputies of the President of the Republic or ministers in a written
   form, which is to be answered no later than fifteen days.

11 The other heading of this Article, which was stipulated as “A. General” was
removed by sixth Article of Act No. 6771 dated April 16, 2017.
77
The form of presentation, content, and scope of the motions
concerning parliamentary inquiry, general debate and written
question and the procedures for answering, debating and
inquiring them, shall be regulated by the Rules of Procedure.
B. Censure
ARTICLE 99- (Repealed on April 16, 2017; Act No. 6771)
C. Parliamentary investigation
ARTICLE 100- (Repealed on April 16, 2017; Act No. 6771)
CHAPTER TWO
The Executive Power
I. President of the Republic
A. Candidacy and election12
ARTICLE 101- (As amended on April 16, 2017; Act No. 6771)
The President of the Republic shall be elected directly by the
public from among Turkish citizens over forty years of age who
are eligible to be a deputy and have completed higher education.
The President of the Republic’s term of office shall be five
years. A person may be elected as the President of the Republic
for two terms at most.
The President of the Republic may be nominated by political
party groups, political parties which received at least five
percent of valid votes on their own or collectively in the latest
parliamentary elections or at least one hundred thousand voters.
12 The heading of this Article, which was stipulated as “A. Qualifications and
impartiality” was amended by the seventh Article of Act No. 6771 dated April 16, 2017.
78
The President-elect’s membership of the Grand National
Assembly of Turkey shall cease.
In presidential elections conducted by universal suffrage, the
candidate who receives the absolute majority of the valid votes
shall be elected President of the Republic. If absolute majority
cannot be obtained in the first ballot, the second ballot shall be
held on the second Sunday following this ballot. Two candidates
who received the greatest number of votes in the first ballot run
for the second ballot, and the candidate who receives majority of
valid votes shall be elected President of the Republic.
If one of the candidates who gains the right to run for the
second ballot is unable to participate in the election for any
reason, the second ballot shall be conducted by substituting
the vacant candidacy in conformity with the ranking in the
first ballot. If only one candidate remains for the second ballot,
this ballot shall be conducted as a referendum. If the candidate
receives the majority of the valid votes, he/she shall be elected
President of the Republic. If that candidate fails to receive the
majority of the valid votes in the election, only the presidential
election shall be renewed.
If the presidential election is not completed, the term of
office of the incumbent President of the Republic shall continue
until the President-elect assumes the office.
The other procedures and principles concerning the
presidential elections shall be regulated by law.
79
B. Election
ARTICLE 102- (Repealed on April 16, 2017; Act No. 6771)
C. Oath-taking
ARTICLE 103- On assuming office, the President of the
Republic shall take the following oath before the Grand National
Assembly of Turkey:
“In my capacity as President of the Republic, I swear upon
my honour and integrity before the Great Turkish Nation and
before history to safeguard the existence and independence
of the state, the indivisible integrity of the country and the
nation, and the absolute sovereignty of the nation, to abide by
the Constitution, the rule of law, democracy, the principles and
reforms of Atatürk, and the principles of the secular republic,
not to deviate from the ideal according to which everyone is
entitled to enjoy human rights and fundamental freedoms under
conditions of national peace and prosperity and in a spirit of
national solidarity and justice, and do my utmost to preserve
and exalt the glory and honour of the Republic of Turkey and
perform without bias the functions that I have assumed.”
D. Duties and powers
ARTICLE 104- (As amended on April 16, 2017; Act No.
6771) The President of the Republic is the head of the State. The
executive power shall be vested in the President of the Republic.
The President of the Republic, in his/her capacity as the Head
of State, shall represent the Republic of Turkey and the unity of
the Turkish Nation; he/she shall ensure the implementation of
the Constitution, and orderly and harmonious functioning of the
organs of the State.
80
He/she shall deliver the opening speech of the Grand
National Assembly of Turkey on the first day of the legislative
year, if he/she deems it necessary.
He/she shall give message to the Assembly regarding
domestic and foreign policies of the country.
He/she shall promulgate laws.
He/she shall send laws back to the Grand National Assembly
of Turkey to be reconsidered.
He/she shall appeal to the Constitutional Court for the
annulment of all or certain provisions of laws and the Rules of
Procedure of the Grand National Assembly of Turkey on the
grounds that they are unconstitutional in form or in content.
He/she shall appoint and dismiss the deputies of the
President of the Republic and the ministers.
He/she shall appoint and dismiss the high ranking executives,
and shall regulate the procedure and principles governing the
appointment thereof by presidential decree.
He/she shall accredit representatives of the Republic of
Turkey to foreign states and shall receive the representatives of
foreign states appointed to the Republic of Turkey.
He/she shall ratify and promulgate international treaties.
He/she shall submit laws regarding amendment to the
Constitution to referendum, if he/she deems it necessary.
He/she shall determine national security policies and take
necessary measures.
81
He/she shall represent the Office of Commander-in-Chief
of the Turkish Armed Forces on behalf of the Grand National
Assembly of Turkey.
He/she shall decide on the use of the Turkish Armed Forces.
He/she shall commute or remit the sentences imposed on
persons, on grounds of chronic illness, disability or old age.
The President of the Republic may issue presidential decrees
on the matters regarding executive power. The fundamental
rights, individual rights and duties included in the first and
second chapters and the political rights and duties listed in the
fourth chapter of the second part of the Constitution shall not be
regulated by a presidential decree. No presidential decree shall
be issued on the matters which are stipulated in the Constitution
to be regulated exclusively by law. No presidential decree
shall be issued on the matters explicitly regulated by law. In
the case of a discrepancy between provisions of the presidential
decrees and the laws, the provisions of the laws shall prevail.
A presidential decree shall become null and void if the Grand
National Assembly of Turkey enacts a law on the same matter.
The president of the Republic may issue by-laws in order
to ensure the implementation of laws, provided that they are not
contrary thereto.
Decrees and by-laws shall come into effect on the date of
publication in the Official Gazette, unless a later effective date
is determined.
The President of the Republic shall also exercise powers of
election and appointment, and perform the other duties conferred
on him/her by the Constitution and laws.
82
E. Criminal liability of the President of the Republic13
ARTICLE 105- (As amended on April 16, 2017; Act No. 6771)
Absolute majority of the Grand National Assembly of
Turkey may table a motion requesting that the President of the
Republic be investigated on allegations of a crime. The Grand
National Assembly of Turkey shall debate the motion in one
month at the latest and may decide to launch an investigation
with three-fifths of the total number of its members by secret
ballot.
If an investigation is decided to be launched, it shall be
conducted by a committee of fifteen members, chosen by lot,
for each political party in the Assembly, separately from among
three times the candidates nominated for each seat reserved to
party groups in proportion to their strength. The committee shall
submit its report on the conclusion of the investigation to the
Office of the Speaker within two months. If the investigation is
not completed within the time allotted, the committee shall be
granted a further and final period of one month.
The report shall be distributed within ten days from the date
of its submission to the Office of the Speaker, and it shall be
debated in the Plenary within ten days following its distribution.
The Grand National Assembly of Turkey may decide to refer
the report to the Supreme Criminal Tribunal with two-thirds of
the total number of its members by secret ballot. The trial of

13 The heading of this Article, which was stipulated as “E. Presidential accountability
and non-accountability” was amended by the ninth Article of Act No. 6771 dated
April 16, 2017.
83
the Supreme Criminal Tribunal shall be completed within three
months, if not completed within this period, an additional period
of three-months shall be granted for once only, and the trial shall
be finalized within the time allotted.
The President of the Republic who is under an investigation
cannot decide to hold an election.
The mandate of the President of the Republic who is
convicted by the Supreme Criminal Tribunal of a crime that
prevents from being elected shall end.
The provisions of this article shall also apply after the
termination of the term of office of the President of the Republic
to the crimes alleged to have been committed during the term of
his/her office.
F. Deputies of the President of the Republic, acting for
the President of the Republic and ministers14
ARTICLE 106- (As amended on April 16, 2017; Act No. 6771)
The President of the Republic may appoint one or more
deputies after being elected.
If the presidential office becomes vacant for any reason,
the presidential election shall be held within forty-five days.
The Deputy President of the Republic of Turkey shall act as
and exercise the powers of the President of the Republic until
the next President of the Republic is elected. If one year or
less remains for the general election, the election for the Grand

14 The heading of this Article, which was stipulated as “F. Acting for the President of
the Republic” was amended by the tenth Article of Act No. 6771 dated April 16, 2017.
84
National Assembly of Turkey shall be renewed together with
the presidential election. If more than one year remains for the
general election, the President of the Republic of Turkey shall
continue to serve until the election date of the Grand National
Assembly of Turkey. This period shall not be counted of the
presidential term with respect to the President of the Republic
who completed the remaining period. Both elections shall be
held together on the date of the general elections of the Grand
National Assembly of Turkey.
In cases where the President of the Republic is temporarily
absent from his/her duties on account of illness or travelling
abroad, the deputy president acts as the President of the Republic
and exercises his/her powers.
The deputies of the President of the Republic and the
ministers shall be appointed from among those who are eligible
to be a deputy and removed from office by the President of the
Republic. The deputies of the President of the Republic and
the ministers shall take oath before the Turkish Grand National
Assembly as stated in the Article 81. If a member of the Grand
National Assembly of Turkey is appointed as a deputy president
or minister, he/she shall lose his/her membership.
The deputies of the President of the Republic and the
ministers are accountable to the President of the Republic.
Absolute majority of the Grand National Assembly of Turkey
may table a motion requesting that the Deputies of President
of the Republic and ministers be investigated on allegations of
perpetration of a crime regarding their duties. The Assembly
85
shall debate the motion within one month at the latest and may
decide to launch an investigation with three-fifth majority of the
total number of its members by secret ballot.
If an investigation is decided to be launched, it shall be
conducted by a committee of fifteen members, chosen by lot,
for each political party in the Assembly, separately from among
three times the candidates nominated for each seat reserved to
party groups in proportion to their strength. The committee shall
submit its report on the conclusion of the investigation to the
Office of the Speaker within two months. If the investigation is
not completed within the time allotted, the committee shall be
granted a further and final period of one month.
The report shall be distributed within ten days from the date
of its submission to the Office of the Speaker, and it shall be
debated in the Plenary within ten days following its distribution.
The Grand National Assembly of Turkey may decide to refer
the report to the Supreme Criminal Tribunal with two-thirds of
the total number of its members by secret ballot. The trial of
the Supreme Criminal Tribunal shall be completed within three
months, if not completed within this period, an additional period
of three-months shall be granted for once only, and the trial shall
be finalized within the time allotted.
The provisions of the paragraphs V, VI and VII shall also
apply after the termination of their duties with respect to the
crimes alleged to have been committed regarding their duties
during their term of office.
86
The deputies of the President of the Republic or ministers
who are convicted of a crime by the Supreme Criminal Tribunal
for a crime that prevents them from being elected shall lose their
mandate.
The deputies of the President of the Republic and the
ministers shall enjoy legislative immunity regarding the offenses
not related to their duties.
The establishment, abolition, the duties and powers, the
organizational structure of the ministries, and the establishment
of their central and provincial organizations shall be regulated
by the presidential decree.
G. General Secretariat of the President of the Republic
ARTICLE 107- (Repealed on April 16, 2017; Act No. 6771)
H. State Supervisory Council
ARTICLE 108- (As amended on April 16, 2017; Act
No. 6771) The State Supervisory Council which shall be
attached to the Office of the Presidency of the Republic, with
the purpose of ensuring the lawfulness, regular and efficient
functioning and improvement of administration, conduct all
administrative investigations, inquiries, investigations and
inspections of all public bodies and organizations, all enterprises
in which those public bodies and organizations share more than
half of the capital, public professional organizations, employers’
associations and labour unions at all levels, and public welfare
associations and foundations, upon the request of the President
of the Republic.
87
(As amended on April 16, 2017; Act No. 6771) The judicial
organs are outside the jurisdiction of the State Supervisory Council.
(As amended on April 16, 2017; Act No. 6771) The
Chairperson and the members of the State Supervisory Council
shall be appointed by the President of the Republic.
(As amended on April 16, 2017; Act No. 6771) The
functioning of the State Supervisory Council, the term of office
of its members, and other personnel matters relating to their
status shall be regulated by presidential decree.
II. Council of Ministers
A. Formation
ARTICLE 109- (Repealed on April 16, 2017; Act No. 6771)
B. Taking office and vote of confidence
ARTICLE 110- (Repealed on April 16, 2017; Act No. 6771)
C. Vote of confidence while in office
ARTICLE 111- (Repealed on April 16, 2017; Act No. 6771)
D. Functions and political responsibilities
ARTICLE 112- (Repealed on April 16, 2017; Act No. 6771)
E. The formation of ministries, and ministers
ARTICLE 113- (Repealed on April 16, 2017; Act No. 6771)
F. Provisional Council of Ministers during elections
ARTICLE 114- (Repealed on April 16, 2017; Act No. 6771)
G. Regulations
ARTICLE 115- (Repealed on April 16, 2017; Act No. 6771)
88
H. Renewal of election of the Grand National Assembly
of Turkey and the presidential election15
ARTICLE 116- (As amended on April 16, 2017; Act No.
6771)
The Grand National Assembly of Turkey may decide to
renew the elections by three-fifth majority of the total number
of its members. In this case, the general election of the Grand
National Assembly of Turkey and the presidential election shall
be held together.
If the President of the Republic decides to renew the
elections, the general election of the Turkish Grand National
Assembly and the presidential election shall be held together.
If the Assembly decides to renew the elections during the
second term of the President of the Republic, he/she may once
again be a candidate.
The powers and duties of the Assembly and the President
of the Republic whose elections are decided to be renewed
together, shall continue until the election of the new Assembly
and President of the Republic.
The term of office of the Assembly and the President of the
Republic thus elected shall also be five years.

15 The heading of this Article, which was stipulated as “H. Renewal of elections to the
Grand National Assembly of Turkey by the President of the Republic” was amended
by the eleventh Article of Act No. 6771 dated April 16, 2017.
89
I. National defence

1. Offices of Commander-in-Chief and Chief of the
   General Staff
   ARTICLE 117- The Office of Commander-in-Chief is
   inseparable from the spiritual existence of the Grand National
   Assembly of Turkey and is represented by the President of the
   Republic.
   (As amended on April 16, 2017; Act No. 6771) The
   President of the Republic shall be responsible to the Grand
   National Assembly of Turkey for national security and for the
   preparation of the armed forces for the defence of the country.
   (As amended on April 16, 2017; Act No. 6771) Appointed
   by the President of the Republic, The Chief of the General
   Staff is the commander of the armed forces and in time of war,
   exercises the duties of Commander-in-Chief on behalf of the
   President of the Republic
   (Repealed on April 16, 2017; Act No. 6771)
   (Repealed on April 16, 2017; Act No. 6771)
2. National Security Council
   ARTICLE 118- (As amended on October 3, 2001; Act
   No. 4709, April 16, 2017; Act No. 6771) The National Security
   Council shall be composed of the deputies of the President of
   the Republic, ministers of Justice, National Defence, Internal
   Affairs, and Foreign Affairs, the Chief of the General Staff,
   the commanders of the Land, Naval and Air Forces under the
   chairpersonship of the President of the Republic.
   90
   Depending on the particulars of the agenda, the ministers
   and other persons concerned may be invited to and heard at the
   meetings of the Council.
   (As amended on October 3, 2001; Act No. 4709, April
   16, 2017; Act No. 6771) The National Security Council shall
   submit to the President of the Republic the advisory decisions
   taken with regard to the formulation, determination, and
   implementation of the national security policy of the State and
   its views on ensuring the necessary coordination. The President
   of the Republic shall evaluate decisions of the National Security
   Council concerning the measures that it deems necessary for
   the preservation of the existence and independence of the State,
   the integrity and indivisibility of the country, and the peace and
   security of society.
   (As amended on April 16, 2017; Act No. 6771) The agenda
   of the National Security Council shall be drawn up by the
   President of the Republic taking into account the proposals of
   the deputies of the President of the Republic and the Chief of
   the General Staff.
   (As amended on April 16, 2017; Act No. 6771) In the
   absence of the President of the Republic, the National Security
   Council shall convene under the chairpersonship of the deputy
   of the President of the Republic.
   (As amended on April 16, 2017; Act No. 6771) The
   organization and duties of the General Secretariat of the National
   Security Council shall be regulated by presidential decree.
   91
   III. Administration of State of Emergency16
   ARTICLE 119- (As amended on April 16, 2017; Act No. 6771)
   In the event of war, the emergence of a situation necessitating
   war, mobilization, an uprising, strong rebellious actions against
   the motherland and the Republic, widespread acts of violence
   of internal or external origin threatening the indivisibility of
   the country and the nation, emergence of widespread acts of
   violence aimed at the destruction of the Constitutional order
   or of fundamental rights and freedoms, serious deterioration of
   public order because of acts of violence, occurence of natural
   disasters, outbreak of dangerous epidemic diseases or emergence
   of a serious economic crisis; the President of the Republic may
   declare state of emergency in one region or nationwide for a
   period not exceeding six months.
   The decision to declare state of emergency shall be
   published in the Official Gazette on the date of the decision and
   shall be submitted for approval to the Grand National Assembly
   of Turkey on the same day.
   If the Grand National Assembly of Turkey is in recess, it
   shall be immediately summoned; The Assembly may reduce or
   extend the period of, or lift, the state of emergency.

16 The heading of this Article, which was stipulated as “1. Declaration of state of
emergency because of natural disaster or serious economic crisis” was amended
and the other headings, which were stipulated as “III. Extraordinary administration
procedures” and “A. States of emergency” were removed by the twelfth Article of Act
No. 6771 dated April 16, 2017.
92
The Grand National Assembly of Turkey may extend the
period for a maximum of four months each time at the request of
the President of the Republic. In the event of war, four-month
limit shall not apply.
The financial, material and labour obligations to be imposed
on citizens, the manner of restriction and temporary suspension
of fundamental rights and freedoms in line with the principles of
the Article 15, and the provisions to be applied and actions to be
carried out in the event of state of emergency shall be regulated
by law.
In the event of state of emergency, the President of the
Republic may issue presidential decrees on matters necessitated
by the state of emergency, notwithstanding the limitations set forth
in the second sentence of the seventeenth paragraph of the Article

104. Such decrees which have the force of law shall be published
     in the Official Gazette, and shall be submitted for approval to the
     Grand National Assembly of Turkey on the same day.
     Except in the case of inability of the Grand National Assembly
     of Turkey to convene due to war or force majeure events,
     presidential decrees issued during the state of emergency shall be
     debated and decided in the Grand National Assembly of Turkey
     within three months. Otherwise presidential decrees issued during
     the state of emergency shall be annulled automatically.
105. Declaration of state of emergency because of widespread
     acts of violence and serious deterioration of public order
     ARTICLE 120- (Repealed on April 16, 2017; Act No. 6771)
     93
106. Rules regarding the states of emergency
     ARTICLE 121- (Repealed on April 16, 2017; Act No. 6771)
     B. Martial law, mobilization and state of war
     ARTICLE 122- (Repealed on April 16, 2017; Act No. 6771)
     IV. Administration
     A. Fundamentals of the administration
107. Integrity of the administration and public legal personality
     ARTICLE 123- The administration is a whole with its
     formation and functions, and shall be regulated by law.
     The organization and functions of the administration are
     based on the principles of centralization and decentralization.
     (As amended on April 16, 2017; Act No. 6771) Public
     corporate bodies shall be established only by law, or by
     presidential decree.
108. By-laws
     ARTICLE 124- (As amended on April 16, 2017; Act No.
     6771) The President of the Republic, the ministries, and public
     corporate bodies may issue by-laws in order to ensure the
     implementation of laws and presidential decrees relating to their
     jurisdiction, as long as they are not contrary to these laws and
     decrees.
     The law shall designate which by-laws are to be published
     in the Official Gazette.
     94
     B. Judicial review
     ARTICLE 125- Recourse to judicial review shall be available
     against all actions and acts of administration. (Sentences added
     on August 13, 1999; Act No. 4446) In concession, conditions
     and contracts concerning public services and national or
     international arbitration may be suggested to settle the disputes
     arising from them. Only those disputes involving an element of
     foreignness may be submitted to international arbitration.
     (Sentence added on September 12, 2010; Act No. 5982) (As
     amended on April 16, 2017; Act No. 6771) Recourse to judicial
     review shall be available against all decisions taken by the
     Supreme Military Council regarding expulsion from the armed
     forces except acts regarding promotion and retiring due to lack
     of tenure.
     Time limit to file a lawsuit against an administrative act
     begins from the date of written notification of the act.
     (As amended on September 12, 2010; Act No. 5982) Judicial
     power is limited to the review of the legality of administrative
     actions and acts, and in no case may it be used as a review of
     expediency. No judicial ruling shall be passed which restricts the
     exercise of the executive function in accordance with the forms
     and principles prescribed by law, which has the quality of an
     administrative action and act, or which removes discretionary
     powers.
     95
     A justified decision regarding the suspension of execution of
     an administrative act may be issued, should its implementation
     result in damages which are difficult or impossible to compensate
     for and, at the same time, the act would be clearly unlawful.
     (As amended on April 16, 2017; Act No. 6771)The law may
     restrict the issuing of an order on suspension of execution of an
     administrative act in cases of state of emergency, mobilization
     and state of war, or on the grounds of national security, public
     order and public health.
     The administration shall be liable to compensate for
     damages resulting from its actions and acts.
     C. Establishment of the administration
109. Central administration
     ARTICLE 126- In terms of central administrative structure,
     Turkey is divided into provinces on the basis of geographical
     situation, economic conditions, and public service requirements;
     provinces are further divided into lower levels of administrative
     districts.
     The administration of the provinces is based on the principle
     of devolution of powers.
     Central administrative organizations comprising several
     provinces may be established to ensure efficiency and
     coordination of public services. The functions and powers of
     these organizations shall be regulated by law.
     96
110. Local administrations
     ARTICLE 127- Local administrations are public corporate
     bodies established to meet the common local needs of the
     inhabitants of provinces, municipal districts and villages, whose
     principles of constitution and decision-making organs elected by
     the electorate are determined by law.
     The formation, duties and powers of the local administrations
     shall be regulated by law in accordance with the principle of
     local administration.
     (As amended on July 23, 1995; Act No. 4121) The elections
     for local administrations shall be held every five years in
     accordance with the principles set forth in Article 67. (Sentence
     repealed on April 16, 2017; Act No. 6771) Special administrative
     arrangements may be introduced by law for larger urban centres.
     Loss of status and objections regarding the acquisition of
     the status of elected organs of local administrations shall be
     decided by judiciary. However, as a provisional measure until
     the final court judgment, the Minister of Internal Affairs may
     remove from Office those organs of local administration or their
     members against whom an investigation or prosecution has been
     initiated on grounds of offences related to their duties.
     The central administration has the power of administrative
     tutelage over the local administrations in the framework of
     principles and procedures set forth by law with the objective of
     ensuring the functioning of local services in conformity with the
     principle of the integrity of the administration, securing uniform
     public service, safeguarding the public interest and meeting
     local needs properly.
     97
     (As amended on April 16, 2017; Act No. 6771) The formation
     of local administrative bodies into a union with the permission
     of the President of the Republic for the purpose of performing
     specific public services; and the functions, powers, financial and
     security arrangements of these unions, and their reciprocal ties
     and relations with the central administration, shall be regulated
     by law. These administrative bodies shall be allocated financial
     resources in proportion to their functions.
     D. Provisions relating to public servants
111. General principles
     ARTICLE 128- The fundamental and permanent functions
     required by the public services that the State, state economic
     enterprises and other public corporate bodies assigned to perform
     in accordance with principles of general administration, shall be
     carried out by public servants and other public employees.
     The qualifications, appointments, duties and powers, rights
     and responsibilities, salaries and allowances of public servants
     and other public officials, and other matters related to their
     status shall be regulated by law. (Sentence added by September
     12, 2010; Act No. 5982) However, provisions on collective
     agreement concerning financial and social rights are reserved.
     The procedure and principles governing the training of high
     rank administrators shall be specially regulated by law.
112. Duties and responsibilities, and guarantees in
     disciplinary proceedings
     ARTICLE 129- Public servants and other public officials are
     obliged to carry out their duties with loyalty to the Constitution
     and the laws.
     98
     Public servants, other public officials and members of
     public professional organizations or their higher bodies shall not
     be subjected to disciplinary penalties without being granted the
     right of defence.
     (As amended on September 12, 2010; Act No. 5982)
     Disciplinary decisions shall not be exempt from judicial review.
     Provisions concerning the members of the armed forces,
     judges and prosecutors are reserved.
     Compensation suits concerning damages arising from
     faults committed by public servants and other public officials
     in the exercise of their duties shall be filed only against the
     administration in accordance with the procedure and conditions
     prescribed by law, as long as the compensation is recoursed to
     them.
     Prosecution of public servants and other public officials for
     alleged offences shall be subject, except in cases prescribed by
     law, to the permission of the administrative authority designated
     by law.
     E. Institutions of higher education and their higher bodies
113. Institutions of higher education
     ARTICLE 130- For the purpose of training manpower to
     meet the needs of the nation and the country under a system
     of contemporary education principles, universities comprising
     several units and having scientific autonomy and public legal
     personality shall be established by the State and by law, to
     educate at different levels based on secondary education, to
     conduct research, to issue publications, to act as consultants, and
     to serve the country and humanity.
     99
     Institutions of higher education may be established, under
     the supervision and control of the State, by foundations in
     accordance with the procedures and principles set forth in the
     law as long as they do not pursue profit.
     The law shall provide for a balanced geographical
     distribution of universities throughout the country.
     Universities, members of the teaching staff and their
     assistants may freely engage in all kinds of scientific research
     and publication. However, this shall not include the liberty to
     engage in activities against the existence and independence of
     the State, and against the integrity and indivisibility of the nation
     and the country.
     Universities and units attached to them are under the
     supervision and inspection of the State and their security is
     ensured by the State.
     University presidents shall be elected and appointed by
     the President of the Republic, and faculty deans by the Council
     of Higher Education, in accordance with the procedures and
     provisions of the law.
     The administrative and supervisory organs of the universities
     and the teaching staff may not for any reason whatsoever be
     removed from their office by authorities other than those of the
     competent organs of the universities or by the Council of Higher
     Education.
     (As amended on October 29, 2005; Act No. 5428) The
     budgets drawn up by universities, after being examined and
     approved by the Council of Higher Education shall be submitted
     100
     to the Ministry of National Education, and shall be put into
     effect and supervised in conformity with the principles applied
     to central government budget.
     The establishment of institutions of higher education, their
     organs, their functioning and elections, their duties, authorities
     and responsibilities, the procedures to be followed by the state in
     the exercise of the right to supervise and inspect the universities,
     the duties of the teaching staff, their titles, appointments,
     promotions and retirement, the training of the teaching staff, the
     relations of the universities and the teaching staff with public
     institutions and other organizations, the level and duration of
     education, admission of students into institutions of higher
     education, attendance requirements and fees, principles relating
     to assistance to be provided by the State, disciplinary and
     penalty matters, financial affairs, personnel rights, rules to be
     abided by the teaching staff, the assignment of the teaching staff
     in accordance with inter-university requirements, the pursuance
     of training and education in freedom and under guarantee and in
     accordance with the requirements of contemporary science and
     technology, and the use of financial resources provided by the
     State to the Council of Higher Education and the universities,
     shall be regulated by law.
     Institutions of higher education established by foundations
     shall be subject to the provisions set forth in the Constitution
     for institutions of higher education established by the State, as
     regards the academic activities, recruitment of teaching staff and
     security, except for financial and administrative matters.
     101
114. Superior bodies of higher education
     ARTICLE 131- The Council of Higher Education shall
     be established to plan, organize, administer, and supervise
     education provided by institutions of higher education, to
     Orient teaching activities, education and scientific research, to
     ensure the establishment and development of these institutions
     in conformity with the objectives and principles set forth by
     law, to ensure the effective use of the resources allotted to the
     universities, and to plan for the training of the teaching staff.
     (As amended on May 7, 2004; Act No. 5170, April 16, 2017;
     Act No. 6771) The Council of Higher Education is composed
     of members appointed by the President of the Republic from
     among candidates who are nominated by universities, and
     in accordance with the numbers, qualifications and election
     procedures prescribed by law, priority being given to those
     who have served successfully as faculty members or university
     presidents, and of members directly appointed by the President
     of the Republic.
     The organization, functions, authority, responsibilities and
     operating principles of the Council shall be regulated by law.
115. Institutions of higher education subject to special
     provisions
     ARTICLE 132- Institutions of higher education attached to
     the Turkish Armed Forces and to the national police organization
     are subject to the provisions of their respective special laws.
     102
     F. Radio and Television Supreme Council, institutions of
     radio and television, and public affiliated news agencies17
     ARTICLE 133- (As amended on July 8, 1993; Act No.
     3913) Radio and television stations shall be established and
     operated freely in conformity with rules to be determined by law.
     (Paragraph added on June 21, 2005; Act No. 5370) The Radio
     and Television Supreme Council, established for the purpose of
     regulation and supervision of radio and television activities, is
     composed of nine members. The members are elected, on the
     basis of number of members allocated to each political party
     group, by the Plenary of the Grand National Assembly of
     Turkey from among the candidates, twice the number of which
     is nominated by political party groups in proportion to their
     number of members. The formation, duties and powers of the
     Radio and Television Supreme Council, and qualifications,
     election procedures and term of office of its members shall be
     regulated by law.
     The unique radio and television institution established by
     the State as a public corporate body and the news agencies which
     receive aid from public corporate bodies shall be autonomous
     and their broadcasts shall be impartial.
     G. The Atatürk High Institution of Culture, Language
     and History
     ARTICLE 134- (As amended on April 16, 2017; Act No.
     6771) The “Atatürk High Institution of Culture, Language and
     History” shall be established as a public corporate body, under
     17 The phrase “The Radio and Television Supreme Council” was added by the first
     Article of Act No. 5370 dated June 21, 2005.
     103
     the moral aegis of Atatürk, under the supervision of and with the
     support of the President of the Republic, attached to the minister
     designated by the President of the Republic, and composed of
     the Atatürk Research Centre, the Turkish Language Institution,
     the Turkish History Institution and the Atatürk Culture Centre,
     in order to conduct scientific research, to produce publications
     and to disseminate information on the thought, principles and
     reforms of Atatürk, Turkish culture, Turkish history and the
     Turkish language.
     The financial interests bequeathed by Atatürk in his will to
     the Turkish Language Institution and Turkish History Institution
     are reserved and shall be allocated to them accordingly.
     The establishment, organs, operating procedures and
     personnel matters of the Atatürk High Institution of Culture,
     Language and History, and its authority over the institutions
     within it, shall be regulated by law.
     H. Professional organizations having the characteristics
     of public institutions
     ARTICLE 135- Professional organizations having the
     characteristics of public institutions and their higher bodies are
     public corporate bodies established by law, with the objectives
     of meeting the common needs of the members of a given
     profession, to facilitate their professional activities, to ensure
     the development of the profession in keeping with common
     interests, to safeguard professional discipline and ethics in order
     to ensure integrity and trust in relations among its members and
     104
     with the public; their organs shall be elected by secret ballot by
     their members in accordance with the procedure set forth in the
     law, and under judicial supervision.
     Persons employed in principal and permanent positions
     in public institutions, or in state economic enterprises shall
     not be required to become members of public professional
     organizations.
     (As amended on July 23, 1995; Act No. 4121) These
     Professional organizations shall not engage in activities outside
     the aims for which they are established.
     (As amended on July 23, 1995; Act No. 4121) Political
     parties shall not nominate candidates in elections for the organs
     and higher bodies of these professional organizations.
     (As amended on July 23, 1995; Act No. 4121) The rules
     concerning the administrative and financial supervision of these
     professional organizations by the State shall be prescribed by
     law.
     (As amended on July 23, 1995; Act No. 4121) The
     responsible organs of professional organizations which engage
     in activities beyond their objectives shall be dissolved by court
     decision at the request of the authority designated by law or the
     public prosecutor, and new organs shall be elected in their place.
     (As amended on July 23, 1995; Act No. 4121) However,
     where it is required for and delay constitutes a prejudice to
     national security, public order, prevention of commission or
     continuation of a crime, or an arrest, an authority may be vested
     105
     with power by law to suspend the professional organizations
     and their higher bodies from activity. The decision of this
     authority shall be submitted for the approval of the judge
     having jurisdiction within twenty-four hours. The judge shall
     announce his/her decision within forty-eight hours; otherwise,
     this administrative decision shall be annulled automatically.
     I. Presidency of Religious Affairs
     ARTICLE 136- The Presidency of Religious Affairs, which
     is within the general administration, shall exercise its duties
     prescribed in its particular law, in accordance with the principles
     of secularism, removed from all political views and ideas, and
     aiming at national solidarity and integrity.
     J. Unlawful order
     ARTICLE 137- (As amended on April 16, 2017; Act No.
     6771) If a person employed in any position or status in public
     services finds an order given by his/her superior to be contrary
     to the provisions of by-laws, presidential decree, laws, or the
     Constitution, he/she shall not carry it out, and shall inform the
     person giving the order of this inconsistency. However, if his/
     her superior insists on the order and renews it in writing, his/
     her order shall be executed; in this case the person executing the
     order shall not be held responsible.
     An order which in itself constitutes an offence shall under
     no circumstances be executed; the person who executes such an
     order shall not evade responsibility.
     Exceptions designated by law relating to the execution
     of military duties and the protection of public order or public
     security in urgent situations are reserved.
     106
     CHAPTER THREE
     Judicial Power
     I. General provisions
     A. Independence of the courts
     ARTICLE 138- Judges shall be independent in the discharge
     of their duties; they shall give judgment in accordance with the
     Constitution, laws, and their personal conviction conforming to
     the law.
     No organ, authority, office or individual may give orders
     or instructions to courts or judges relating to the exercise of
     judicial power, send them circulars, or make recommendations
     or suggestions.
     No questions shall be asked, debates held, or statements
     made in the Legislative Assembly relating to the exercise of
     judicial power concerning a case under trial.
     Legislative and executive organs and the administration shall
     comply with court decisions; these organs and the administration
     shall neither alter them in any respect, nor delay their execution.
     B. Security of tenure of judges and public prosecutors
     ARTICLE 139- Judges and public prosecutors shall not be
     dismissed, or unless they request, shall not be retired before the
     age prescribed by the Constitution; nor shall they be deprived of
     their salaries, allowances or other rights relating to their status,
     even as a result of the abolition of a court or a post.
     107
     Exceptions indicated in law relating to those convicted
     for an offence requiring dismissal from the profession, those
     who are definitely established as unable to perform their duties
     because of illhealth, or those determined as unsuitable to remain
     in the profession, are reserved.
     C. Judges and public prosecutors
     ARTICLE 140- Judges and public prosecutors shall serve
     as judges and public prosecutors of civil and administrative
     judiciary. These duties shall be carried out by professional
     judges and public prosecutors.
     Judges shall discharge their duties in accordance with the
     principles of the independence of the courts and the security of
     the tenure of judges.
     The qualifications, appointment, rights and duties,
     salaries and allowances of judges and public prosecutors, their
     promotion, temporary or permanent change in their posts or
     place of duties, the initiation of disciplinary proceedings against
     them and the imposition of disciplinary penalties, the conduct
     of investigation concerning them and the subsequent decision to
     prosecute them on account of offences committed in connection
     with, or in the course of, their duties, the conviction for offences
     or instances of incompetence requiring their dismissal from the
     profession, their in-service training, and other matters relating
     to their personnel status shall be regulated by law in accordance
     with the principles of the independence of the courts and the
     security of tenure of judges.
     108
     Judges and public prosecutors shall serve until they are over
     the age of sixty-five. The mandatory retirement age, promotion
     and retirement of military judges shall be prescribed by law.
     Judges and public prosecutors shall not assume any official
     or private occupation other than those prescribed by law.
     Judges and public prosecutors shall be attached to the
     Ministry of Justice with respect to their administrative functions.
     Those judges and public prosecutors working in
     administrative posts of judicial services shall be subject to
     the same provisions as other judges and public prosecutors.
     Their categories and grades shall be determined according to
     the principles applying to judges and public prosecutors, and
     they shall enjoy all the rights accorded to judges and public
     prosecutors.
     D. Publicity of hearings and the necessity of justification
     for verdicts
     ARTICLE 141- Court hearings shall be open to the public.
     It may be decided to conduct all or a part of a hearing in a closed
     session, but only in cases where absolutely necessitated by
     public morals or public security.
     Special provisions regarding the trial of minors shall be laid
     down in the law.
     The decisions of all courts shall be written with a justification.
     It is the duty of the judiciary to conclude trials as quickly as
     possible and at minimum cost.
     109
     E. Formation of courts
     ARTICLE 142- The formation, duties and powers, functioning
     and trial procedures of the courts shall be regulated by law.
     (Paragraph added on April 16, 2017; Act No. 6771)
     No military courts shall be established other than military
     disciplinary courts. However, in state of war, military courts
     having the jurisdiction to try offences committed by military
     personnel in relation to their duties may be established.
     F. State Security Courts
     ARTICLE 143- (Repealed on May 7, 2004; Act No. 5170)
     G. Supervision of judicial services18
     ARTICLE 144- (As amended on September 12, 2010; Act
     No. 5982)
     Supervision of judicial services and public prosecutors
     with regard to their administrative duties shall be carried out
     by the Ministry of Justice through judiciary inspectors and
     internal auditors who are from the profession of judge and
     public prosecutor, and inquiry, inspection and investigation
     proceedings through judiciary inspectors. Relating procedures
     and principles shall be regulated by law.
     H. Military justice
     ARTICLE 145- (As amended on September 12, 2010; Act
     No. 5982) (Repealed on April 16, 2017; Act No. 6771)

18 The heading of this Article, which was stipulated as “G. Supervision of Judges
and Public Prosecutors”, was amended by fourteenth Article of Act No. 5982 dated
September 12, 2010.
110
II. Higher courts
A. Constitutional Court

1. Formation
   ARTICLE 146- (As amended on April 16, 2017; Act No.
   6771) The Constitutional Court shall be composed of fifteen
   members.
   The Grand National Assembly of Turkey shall elect, by
   secret ballot, two members from among three candidates to be
   nominated by and from among the president and members of the
   Court of Accounts, for each vacant position, and one member
   from among three candidates nominated by the heads of the
   bar associations from among self-employed lawyers. In this
   election to be held in the Grand National Assembly of Turkey,
   for each vacant position, two thirds majority of the total number
   of members shall be required for the first ballot, and absolute
   majority of total number of members shall be required for the
   second ballot. If an absolute majority cannot be obtained in
   the second ballot, a third ballot shall be held between the two
   candidates who have received the greatest number of votes in
   the second ballot; the member who receives the greatest number
   of votes in the third ballot shall be elected.
   (As amended on April 16, 2017; Act No. 6771) The
   President of the Republic shall appoint three members from
   High Court of Appeals, two members from Council of State
   from among three candidates to be nominated, for each vacant
   111
   position, by their respective general assemblies, from among
   their presidents and members; three members, at least two of
   whom being law graduates, from among three candidates to be
   nominated for each vacant position by the Council of Higher
   Education from among members of the teaching staff who are
   not members of the Council, in the fields of law, economics
   and political sciences; four members from among high level
   executives, self-employed lawyers, first category judges and
   public prosecutors or rapporteurs of the Constitutional Court
   having served as rapporteur at least five years.
   (As amended on April 16, 2017; Act No. 6771) In the
   elections to be held in the respective general assemblies of the
   High Court of Appeals, Council of State, the Court of Accounts
   and the Council of Higher Education for nominating candidates
   for membership of the Constitutional Court, three persons
   obtaining the greatest number of votes shall be considered to
   be nominated for each vacant position. In the elections to be
   held for the three candidates nominated by the heads of bar
   associations from among self-employed lawyers, three persons
   obtaining the greatest number of votes shall be considered to be
   nominated.19

19 The phrase “… one member shall vote for only one candidate; …” following the
phrase “for each vacant position” in the first sentence of this paragraph before the
amendments made by sixteenth Article of Act No. 6771, and the phrase “each head of
bar shall vote for only one candidate, and …” following the phrase “in the election to
be held” in the second sentence of the same paragraph were annulled by the decision
of the Constitutional Court dated July 7, 2010 numbered E. 2010/49, K. 2010/87
(Official Gazette numbered 27659 of August 1, 2010.)
112
To qualify for appointments as members of the Constitutional
Court, members of the teaching staff shall be required to possess
the title of professor or associate professor; lawyers shall be
required to have practiced as a lawyer for at least twenty years;
high level executives shall be required to have completed higher
education and to have worked for at least twenty years in public
service, and first category judges and public prosecutors with at
least twenty years of work experience including their period of
candidacy, provided that they all shall be over the age of forty five.
The Constitutional Court shall elect a president and two
deputy presidents from among its members for a term of four
years by secret ballot and by an absolute majority of the total
number of its members. Those whose term of office ends may
be re-elected.
The members of the Constitutional Court shall not assume other
official and private duties, apart from their fundamental duties.

2. Term of office of the members and termination of
   membership20
   ARTICLE 147- (As amended on September 12, 2010;
   Act No.5982) The members of the Constitutional Court shall
   be elected for a term of twelve years. A member shall not be
   re-elected. The members of the Constitutional Court shall retire
   when they are over the age of sixty-five. The appointment of the
   members to another office whose term of office expires prior to
   their mandatory age of retirement and matters regarding their
   personnel status shall be laid down in law.
   20 The heading of this Article, which was stipulated as “2. Termination of membership”,
   was amended by the seventeenth Article of Act No. 5982 dated September 12, 2010.
   113
   Membership in the Constitutional Court shall terminate
   automatically if a member is convicted of an offence requiring
   his/her dismissal from the judicial profession, and by a decision
   of an absolute majority of the total number of members of the
   Constitutional Court if it is definitely established that he/she is
   unable to perform his/her duties on account of ill-health.
3. Functions and powers
   ARTICLE 148- (As amended on September 12, 2010;
   Act No. 5982, and on April 16, 2017; Act No. 6771) The
   Constitutional Court shall examine the constitutionality, in
   respect of both form and substance, of laws, presidential decrees
   and the Rules of Procedure of the Grand National Assembly of
   Turkey, and decide on individual applications. Constitutional
   amendments shall be examined and verified only with regard to
   their form. However, presidential decrees issued during a state
   of emergency or in time of war shall not be brought before the
   Constitutional Court alleging their unconstitutionality as to form
   or substance.
   The verification of laws as to form shall be restricted to
   consideration of whether the requisite majority was obtained
   in the last ballot; the verification of constitutional amendments
   shall be restricted to consideration of whether the requisite
   majorities were obtained for the proposal and in the ballot, and
   whether the prohibition on debates under expedited procedure
   was observed. Verification as to form may be requested by the
   President of the Republic or by one-fifth of the members of the
   Grand National Assembly of Turkey. Applications for annulment
   114
   on the grounds of defect in form shall not be made after ten days
   have elapsed from the date of promulgation of the law; and it
   shall not be appealed by other courts to the Constitutional Court
   on the grounds of defect in form.
   (Paragraph added on September 12, 2010; Act No. 5982)
   Everyone may apply to the Constitutional Court on the grounds
   that one of the fundamental rights and freedoms within the
   scope of the European Convention on Human Rights which
   are guaranteed by the Constitution has been violated by public
   authorities. In order to make an application, ordinary legal
   remedies must be exhausted.
   (Paragraph added on September 12, 2010; Act No. 5982) In
   the individual application, judicial review shall not be made on
   matters required to be taken into account during the process of
   legal remedies.
   (Paragraph added on September 12, 2010; Act No. 5982)
   Procedures and principles concerning the individual application
   shall be regulated by law.
   (As amended on September 12, 2010; Act No. 5982, and on
   April 16, 2017; Act No. 6771) The Constitutional Court in its
   capacity as the Supreme Criminal Tribunal shall try, for offences
   relating to their functions, the President of the Republic, the
   Speaker of the Grand National Assembly of Turkey, the deputies
   of the President of the Republic, the ministers, the presidents
   and members of the Constitutional Court, High Court of Appeals
   and Council of State, the chief public prosecutors of High Court
   115
   of Appeals and Council of State, the Deputy Chief Public
   Prosecutor, the president and members of Council of Judges and
   Prosecutors and Court of Accounts.
   (Paragraph added on September 12, 2010; Act No. 5982)
   (As amended on April 16, 2017; Act No. 6771) The Chief of
   General Staff, the commanders of the Land, Naval and Air
   Forces shall be tried as well in the Supreme Criminal Tribunal
   for offences regarding their duties.
   The Chief Public Prosecutor of the High Court of Appeals
   or Deputy Chief Public Prosecutor of the High Court of Appeals
   shall act as prosecutor in the Supreme Criminal Tribunal.
   (As amended on September 12, 2010; Act No. 5982)
   Application for judicial review may be made against the
   decisions of the Supreme Criminal Tribunal. Decisions taken by
   the General Assembly regarding the application shall be final.
   The Constitutional Court shall also perform the other duties
   given to it by the Constitution.
4. Procedure of functioning and trial
   ARTICLE 149- (As amended on September 12, 2010; Act
   No. 5982)
   (As amended on April 16, 2017; Act No. 6771) The
   Constitutional Court consists of two sections and the General
   Assembly. The sections convene under the chairpersonship of
   the deputy president with the participation of four members.
   The General Assembly shall convene with the participation of
   at least ten members under the chairpersonship of the President
   116
   of the Constitutional Court or a deputy president designated by
   the President. The sections and the General Assembly shall take
   decisions by absolute majority. Committees may be established
   to examine the admissibility of the individual applications.
   The General Assembly shall hear the cases and applications
   concerning political parties, actions for annulment and
   objection, and trials where the Constitutional Court acts as the
   Supreme Criminal Tribunal; the sections shall take the decision
   on individual applications.
   Annulment of constitutional amendments, dissolution of
   political parties, or their deprivation from state aid, shall be
   decided with a two-thirds majority of members attending the
   meeting.
   Applications for annulment on the grounds of defect in form
   shall be examined and decided with priority by the Constitutional
   Court.
   The formation of the Constitutional Court, trial procedures
   of the General Assembly and the sections, disciplinary matters
   of the President, the deputy presidents, and members shall
   be regulated by law; principles of functioning of the Court,
   formation of the sections and committees, and the division of
   labour shall be set out by the internal regulations to be drawn up
   by the Court.
   The Constitutional Court shall examine cases without
   holding a hearing, except where it acts as the Supreme Criminal
   Tribunal. Nonetheless, it may be decided to hold a hearing for
   117
   individual applications. When it deems necessary, the Court
   may also call on those concerned and those having knowledge
   relevant to the case, to hear their oral explanations, and in
   lawsuits on dissolution of a political party, the Court shall hear
   the defence of the chairperson of the political party or of a proxy
   appointed by the chairperson, after hearing the Chief Public
   Prosecutor of the High Court of Appeals.
5. Annulment action
   ARTICLE 150- (As amended on April 16, 2017; Act
   No. 6771) The President of the Republic, the two political
   party groups having the largest number of members in the
   Grand National Assembly of Turkey, and at least one-fifth of
   the total number of members of the Grand National Assembly
   of Turkey shall have the right to apply for annulment action
   directly to the Constitutional Court, based on the assertion of
   the unconstitutionality, in form and in substance, of laws, of
   presidential decrees, of Rules of Procedure of the Grand National
   Assembly of Turkey or of certain articles or provisions thereof.
   (Sentence repealed on April 16, 2017; Act No. 6771).
6. Time limit for annulment action
   ARTICLE 151- (As amended on April 16, 2017; Act
   No. 6771) The right to apply for annulment directly to the
   Constitutional Court shall lapse sixty days after publication in
   the Official Gazette of the contested law, presidential decree, or
   the Rules of Procedure.
   118
7. Claim of unconstitutionality before other courts
   ARTICLE 152- (As amended on April 16, 2017; Act No.
   6771) If a court hearing a case finds that the law or the presidential
   decree to be applied is unconstitutional, or if convinced of the
   seriousness of a claim of unconstitutionality submitted by one of
   the parties, it shall postpone the consideration of the case until
   the Constitutional Court decides on the issue.
   If the trial court is not convinced of the seriousness of the
   claim of unconstitutionality, such a claim, together with the court
   judgment, shall be decided upon by the competent authority of
   appeal.
   The Constitutional Court shall decide on the matter and
   declare its judgment within five months of receiving the
   contention. If no decision is reached within this period, the
   trial court shall conclude the case under legal provisions in
   force. However, if the trial court receives the decision of the
   Constitutional Court until the judgment on the merits of the case
   is final, the trial court is obliged to comply with it.
   No claim of unconstitutionality shall be made with regard to
   the same legal provision until ten years elapse after publication
   in the Official Gazette of the decision of the Constitutional Court
   dismissing the application on its merits.
8. Decisions of the Constitutional Court
   ARTICLE 153- The decisions of the Constitutional Court
   are final. Decisions of annulment shall not be made public
   without a written justification.
   119
   (As amended on April 16, 2017; Act No. 6771) In the course
   of annulling the whole, or a provision, of laws or presidential
   decrees, the Constitutional Court shall not act as a lawmaker and
   pass judgment leading to new implementation.
   (As amended on April 16, 2017; Act No. 6771) Laws,
   presidential decrees, or the Rules of Procedure of the Grand
   National Assembly of Turkey or provisions thereof, shall cease
   to have effect from the date of publication in the Official Gazette
   of the annulment decision. Where necessary, the Constitutional
   Court may also decide on the date on which the annulment
   decision shall come into effect. That duration shall not be more
   than one year from the date of publication of the decision in the
   Official Gazette.
   (As amended on April 16, 2017; Act No. 6771) In the event
   of the postponement of the date on which an annulment decision
   is to come into effect, the Grand National Assembly of Turkey
   shall debate and decide with priority on the bill, designed to fill
   the legal void arising from the annulment decision.
   Annulment decisions cannot be applied retroactively.
   Decisions of the Constitutional Court shall be published
   immediately in the Official Gazette, and shall be binding on the
   legislative, executive, and judicial organs, on the administrative
   authorities, and on persons and corporate bodies.
   B. High Court of Appeals
   ARTICLE 154- The High Court of Appeals is the last
   instance for reviewing decisions and judgments given by civil
   120
   courts that are not referred by law to other civil judicial authority.
   It shall also be the first and last instance court for dealing with
   specific cases prescribed by law.
   (As amended on April 16, 2017; Act No. 6771) Members
   of the High Court of Appeals shall be appointed by the Council
   of Judges and Prosecutors from among first category judges and
   public prosecutors of the civil judiciary, or those considered
   members of this profession, by secret ballot and by an absolute
   majority of the total number of members.
   The First President, first deputy presidents and heads of
   departments shall be elected by the General Assembly of the
   High Court of Appeals from among its own members, for a term
   of four years, by secret ballot and by an absolute majority of the
   total number of members; they may be re-elected at the end of
   their term of office.
   The Chief Public Prosecutor and the Deputy Chief Public
   Prosecutor of the High Court of Appeals shall be appointed
   by the President of the Republic for a term of four years from
   among five candidates nominated for each office by the General
   Assembly of the High Court of Appeals from among its own
   members by secret ballot. They may be re-elected at the end of
   their term of office.
   The organization and the functioning of the High Court of
   Appeals, the qualifications and procedures of the election of its
   president, deputy presidents, heads of departments, members,
   Chief Public Prosecutor and Deputy Chief Public Prosecutor
   shall be regulated by law in accordance with the principles of
   the independence of courts and the security of tenure of judges.
   121
   C. Council of State
   ARTICLE 155- The Council of State is the last instance
   for reviewing decisions and judgments given by administrative
   courts and not referred by law to other administrative courts. It
   shall also be the first and last instance for dealing with specific
   cases prescribed by law.
   (As amended on August 13, 1999; Act No. 4446; on April 16,
   2017; Act No. 6771) The Council of State shall try administrative
   cases, give its opinion within two months on the conditions and
   the contracts under which concessions are granted concerning
   public services, settle administrative disputes, and discharge
   other duties prescribed by law.
   (As amended on April 16, 2017; Act No. 6771) Threefourths of the members of the Council of State shall be appointed
   by the Council of Judges and Prosecutors from among the first
   category administrative judges and public prosecutors, or those
   considered to be of this profession; and the remaining quarter by
   the President of the Republic from among officials meeting the
   requirements designated by law.
   The President, Chief Public Prosecutor, deputy presidents,
   and heads of departments of the Council of State shall be elected
   by the General Assembly of the Council of State from among its
   own members for a term of four years by secret ballot and by an
   absolute majority of the total number of members. They may be
   re-elected at the end of their term of office.
   122
   The organization and functioning of the Council of State, the
   qualifications and procedures of election of its President, Chief
   Public Prosecutor, deputy presidents, heads of departments,
   and members, shall be regulated by law in accordance with the
   principles of specific nature of the administrative jurisdiction,
   and of the independence of the courts and the security of tenure
   of judges.
   D. High Military Court of Appeals
   ARTICLE 156- (Repealed on April 16, 2017; Act No. 6771)
   E. High Military Administrative Court
   ARTICLE 157- (Repealed on April 16, 2017; Act No. 6771)
   F. Court of Jurisdictional Disputes
   ARTICLE 158- (As amended on April 16, 2017; Act
   No. 6771) The Court of Jurisdictional Disputes shall be
   empowered to deliver final judgments in disputes between civil
   and administrative courts concerning their jurisdiction and
   judgments.
   The organization of the Court of Jurisdictional Disputes, the
   qualifications and electoral procedure of its members, and its
   functioning shall be regulated by law. The office of president
   of this Court shall be held by a member delegated by the
   Constitutional Court from among its own members.
   Decisions of the Constitutional Court shall take precedence
   in jurisdictional disputes between the Constitutional Court and
   other courts.
   123
   III. Council of Judges and Prosecutors21
   ARTICLE 159- (As amended on September 12, 2010; Act
   No. 5982, April 16, 2017; Act No. 6771)
   (As amended on April 16, 2017; Act No. 6771) Council of
   Judges and Prosecutors shall be established and shall exercise its
   functions in accordance with the principles of the independence
   of the courts and the security of the tenure of judges.
   (As amended on April 16, 2017; Act No. 6771) Council of
   Judges and Prosecutors shall be composed of thirteen members;
   shall comprise two chambers.
   (As amended on April 16, 2017; Act No. 6771) The President
   of the Council is the Minister of Justice. The Undersecretary
   to the Ministry of Justice shall be an ex-officio member of the
   Council. Three members of the Council shall be appointed
   among first category civil judges and public prosecutors not
   having lost the qualification to be reserved in the first category
   and one member shall be appointed among first category
   administrative judges and public prosecutors not having lost the
   qualification to be reserved in the first category by the President
   of the Republic; three members shall be elected among the
   members of the High Court of Appeals; one member shall be
   elected among the members of the Council of State and three
   members shall be elected among teaching staff working in the
   field of law at higher education institutions and lawyers, whose
   qualifications specified in law by the Grand National Assembly
   of Turkey. Among the members elected from the teaching staff

21 The phrase “High” was removed by the fourteenth Article of Act No. 6771 dated
April 16, 2017.
124
and lawyers, at least one member shall be a teaching staff and one
member shall be a lawyer. The applications for the membership
of the Council to be elected by the Grand National Assembly
of Turkey shall be made to the Office of the Speaker of the
Assembly. The applications shall be referred by the Office of
the Speaker to the Joint Committee composed of the members
of the Committee on the Constitution and the Committee on
Justice. For each membership, the Committee shall nominate
three candidates with a two-third majority of total number of its
members. In case the Committee fails to conclude the nomination
of candidates in the first ballot, a three-fifth majority of total
number of its members shall be required in the second ballot. If
the candidates cannot also be nominated in the second ballot, the
procedure of nomination shall be concluded by lot between the
two candidates who received the highest number of votes for each
membership. The Grand National Assembly shall hold separate
elections by secret ballot for each membership between the
candidates nominated by the Committee. Two-third majority of
total number of the members shall be required in the first ballot; in
case the election cannot be concluded three-fifth majority of total
number of the members shall be required in the second ballot. In
case the member cannot also be elected in the second ballot, the
election of the members shall be concluded by lot between the
two candidates who received the highest number of votes.22

22 The phrase “…economics and political sciences…” following the phrase “law,”
in the third sentence of this paragraph before the amendment made by fourteenth
Article of Act No. 6771, and the phrase “…high level executives…” following the
phrase “the teaching staff,” in the same sentence were annulled by the decision of the
Constitutional Court dated July 7, 2010 numbered E. 2010/49, K. 2010/87 (Official
Gazette numbered 27659 of August 1, 2010).
125
(As amended on April 16, 2017; Act No. 6771) Members
shall be elected for a term of four years. Members may be once
re-elected at the end of their term of office.
(As amended on April 16, 2017; Act No. 6771) Election of
members to the Council shall be held within thirty days before
the members’ term of office expires. If a vacancy arises in the
Council before elected members’ term of office expires, new
members shall be elected within thirty days following such
vacancy.23
(As amended on April 16, 2017; Act No. 6771) The
members of the Council other than the Minister of Justice and the
Undersecretary to the Ministry of Justice shall not assume any
office except those specified by law or be appointed or elected
by the Council to another office during their term of office.
The administration and representation of the Council shall
be carried out by the President of the Council. The President of
the Council shall not participate in the works of the chambers.
The Council shall elect the heads of chambers from among its
members and one Deputy President from among the heads of
chambers. The President may delegate some of his/her powers
to the Deputy President.
The Council shall conduct the proceedings regarding the
admission to the profession of judges and public prosecutors
of civil and administrative courts, appointment, transferring to

23 The phrase “…for only one candidate…” following the phrase “each judge and
public prosecutor;” before the amendments made by fourteenth Article of Act No. 6771
was annulled by the decision of the Constitutional Court dated July 7, 2010 numbered
E. 2010/49, K. 2010/87 (Official Gazette numbered 27659 of August 1, 2010).
126
other posts, delegation of temporary powers, promotion, and
being reserved to the first category, decisions concerning those
whose continuation in the profession is found to be unsuitable,
the imposition of disciplinary penalties and removal from office;
the Council shall take final decisions on proposals of the Ministry
of Justice concerning the abolition of a court, or changes in the
territorial jurisdiction of a court; it shall also exercise the other
functions given to it by the Constitution and laws.
(As amended on April 16, 2017; Act No. 6771) Supervising
whether the judges and public prosecutors perform their duties
in accordance with laws and other regulations (administrative
circulars, in the case of judges); investigating whether they have
committed offences in connection with, or in the course of their
duties, whether their behaviour and conduct are in conformity
with requirement of their status and duties and if necessary,
inquiries and investigations concerning them shall be assigned
to the Council’s inspectors, upon the proposal of the related
chambers and with the permission of the President of the Council
of Judges and Prosecutors. The inquiries and investigations may
also be assigned to a judge or public prosecutor who is senior to
the judge or public prosecutor to be investigated.
The decisions of the Council, other than dismissal from the
profession, shall not be subject to judicial review.
A Secretariat General shall be established under the Council.
The Secretary General shall be appointed by the President of the
Council from among three candidates proposed by the Council
from among first category judges and public prosecutors. The
127
Council shall be empowered to appoint, with their consent, the
Council’s inspectors, and judges and public prosecutors to be
temporarily or permanently assigned to the Council
The Minister of Justice is empowered to appoint judges,
public prosecutors, judiciary inspectors, and internal auditors
having the profession of judgeship and prosecutorship, with
their consent, to temporary or permanent functions in the central,
subordinate or affiliated institutions of the Ministry of Justice.
The election of the members of the Council, formation of
the chambers and the division of labour between chambers, the
duties of the Council and its chambers, quorum for meetings
and decisions, operating procedures and principles, objections to
be made against the decisions and proceedings of the chambers
and the examination procedure for these objections, and the
establishment and the duties of the Secretariat General shall be
laid down in law.
IV. Court of Accounts
ARTICLE 160- (As amended on October 29, 2005; Act
No. 5428) The Court of Accounts shall be charged with auditing,
on behalf of the Grand National Assembly of Turkey, evenues,
expenditures, and assets of the public administrations financed by
central government budget and social security institutions, with
taking final decisions on the accounts and acts of the responsible
officials, and with exercising the functions prescribed in laws
in matters of inquiry, auditing and judgment. Those concerned
may file, only for once, a request for reconsideration of a final
128
decision of the Court of Accounts within fifteen days of the date
of written notification of the decision. No applications for judicial
review of such decisions shall be filed in administrative courts.
In case of conflict between the decisions of the Council
of State and the Court of Accounts, regarding taxes, similar
financial obligations and duties, the decision of Council of State
shall prevail.
(Paragraph added on October 29, 2005; Act No. 5428)
Auditing and final decision on the accounts and acts of local
administrations shall be conducted by the Court of Accounts.
The establishment, functioning, auditing procedures,
qualifications, appointments, duties and powers, rights and
obligations and other personnel matters of the members and
guarantees of the President and the members of the Court shall
be regulated by law.
(Paragraph repealed on May 7, 2004; Act No. 5170)
PART FOUR
Financial and Economic Provisions
CHAPTER ONE
Financial Provisions
I. Budget
A. Budget and final accounts24
ARTICLE 161- (As amended on October 29, 2005; Act
No. 5428, April 16, 2017; Act No. 6771)

24 The heading of this Article, which was stipulated as “A. Preparation and
implementation of the budget” was amended by the fifteenth Article of Act No. 6771
dated April 16, 2017.
129
The expenditure of the State and of public corporations
other than state economic enterprises shall be determined by
annual budgets.
The beginning of the fiscal year and the preparation,
implementation and control of the central government budget
and the special periods and procedures for investments as well
as works and services expected to last more than one year shall
be regulated by law. No provisions other than those pertaining to
the budget shall be included in the Budget Act.
The President of the Republic shall submit budget bill to the
Grand National Assembly of Turkey at least seventy-five days
before the beginning of the fiscal year. The budget bill shall be
debated at the Committee on Budget. The budget bill adopted by
the Committee within fifty-five days shall thereafter be debated
and adopted by the Plenary before the beginning of the fiscal
year.
If the budget law cannot be put into force within due period,
the provisional budget law shall be enacted. If the provisional
budget law cannot also be enacted, the budget of the previous
year shall be applied increasingly as per the revaluation rate
until the new budget law is adopted.
Members of the Grand National Assembly of Turkey may
express their opinions in the Plenary on budgets of public
administrations during the debates on each budget, but shall
not make proposals that entail an increase in expenditure or a
decrease in revenue.
130
Budgets of the public administrations and the motions for
amendments shall be read out and voted without further debate
in the Plenary.
The appropriation granted by the central government budget
shall indicate the limit of expenditure allowed. No provision
shall be included in the Budget Act to the effect that the limit of
expenditure may be exceeded by presidential decree.
In motions of amendment entailing an increase in
appropriations under the budget of the current fiscal year and
bills entailing financial burden in the budgets of the current or
following fiscal year, the financial resources to meet the stated
expenditure shall be indicated.
Central government final accounts bills shall be submitted
to the Grand National Assembly of Turkey by the President of
the Republic within six months of the end of the relevant fiscal
year. The Court of Accounts shall submit its statement of general
conformity to the Grand National Assembly of Turkey within
seventy-five days of the submission of the final accounts bill to
which it is related.
The submission of the final accounts bills and the statement
of general conformity to the Grand National Assembly of Turkey
shall not preclude the auditing and trial of the accounts for the
relevant fiscal year that have not been concluded by the Court of
Accounts, and shall not mean that a final decision has been taken
on these accounts.
The final accounts bill shall be debated and adopted together
with the budget bill of the new fiscal year.
131
B. Debate on the budget
ARTICLE 162- (Repealed on April 16, 2017; Act No. 6771)
C. Principles governing budgetary amendments
ARTICLE 163- (Repealed on April 16, 2017; Act No. 6771)
D. Final accounts
ARTICLE 164- (Repealed on April 16, 2017; Act No. 6771)
E. Scrutiny of state economic enterprises
ARTICLE 165- The principles governing the scrutiny of the
accounts of public institutions and partnerships where more than
half of the capital directly or indirectly belongs to the State, by the
Grand National Assembly of Turkey, shall be regulated by law.
CHAPTER TWO
Economic Provisions
I. Planning; Economic and Social Council25
ARTICLE 166- Planning the economic, social and cultural
development, in particular the rapid, balanced and harmonious
development of industry and agriculture throughout the country
and the efficient use of national resources by taking inventory
of and evaluating them, and the establishment of the necessary
organization for this purpose are the duties of the State.
Measures to increase national savings and production, to
ensure stability in prices and balance in external payments, to
promote investment and employment shall be included in the

25 The phrase; “Economic and Social Council” was added by the twenty third Article of
Act No. 5982 dated September 12, 2010.
132
plan; in investments, public interests and necessities shall be
taken into account and the efficient use of resources shall be
proposed. Development activities shall be realized according to
this plan.
The procedure and principles governing the preparation
of development plans, their approval by the Grand National
Assembly of Turkey, their implementation and revision, and the
prevention of amendments disrupting the unity of the plan shall
be regulated by law.
(Paragraph added on September 12, 2010; Act No. 5982; as
amended on April 16, 2017; Act No. 6771) The Economic and
Social Council shall be established to provide the President of
the Republic with consultative opinions in the formulation of
economic and social policies. The establishment and functioning
of the Economic and Social Council shall be laid down in law.
II. Supervision of markets and regulation of foreign trade
ARTICLE 167- The State shall take measures to ensure and
promote the sound and orderly functioning of the markets for
money, credit, capital, goods and services; and shall prevent the
formation of monopolies and cartels in the markets, emerged in
practice or by agreement.
(As amended on April 16, 2017; Act No. 6771) In order
to regulate foreign trade for the benefit of the economy of the
country, President of the Republic may be empowered by law
to introduce additional financial impositions on imports, exports
and other foreign trade transactions, except taxes and similar
impositions, or to lift them.
133
III. Exploration and exploitation of natural resources
ARTICLE 168- Natural wealth and resources shall be
under the authority and at the disposal of the State. The right
to explore and exploit these belongs to the State. The State
may delegate this right to persons or corporate bodies for a
certain period. Of the natural wealth and resources, those to be
explored and exploited by the state in partnership with persons
or corporate bodies, and those to be directly explored and
exploited by persons or corporate bodies shall be subject to the
explicit permission of the law. The conditions to be observed in
such cases by persons and corporate bodies, the procedure and
principles governing supervision and control by the State, and
the sanctions to be applied shall be prescribed by law.
IV. Forests and the forest villagers
A. Protection and development of forests
ARTICLE 169- The State shall enact the necessary
legislation and take the measures required for the protection
and extension of forests. Burnt forest areas shall be reafforested;
other agricultural and stockbreeding activities shall not be
allowed in such areas. All forests shall be under the care and
supervision of the State.
The ownership of state forests shall not be transferred.
State forests shall be managed and exploited by the State in
accordance with the law. Ownership of these forests shall not be
acquired by prescription, nor shall servitude other than that in
the public interest be imposed in respect of such forests.
134
Acts and actions that might damage forests shall not be
permitted. No political propaganda that might lead to the
destruction of forests shall be made; no amnesties or pardons
specifically for offences against forests shall be granted.
Offences committed with the intention of burning or destroying
forests or reducing forest areas shall not be included within the
scope of amnesties or pardons.
The reducing of forest areas shall be prohibited, except
in respect of areas whose preservation as forests is considered
scientifically and technically useless but conversion into
agricultural land has been found to be definitely advantageous,
and in respect of fields, vineyards, orchards, olive groves or
similar areas which technically and scientifically ceased to be
forest before December 31, 1981 and whose use for agricultural
or stockbreeding purposes has been found advantageous, and
in respect of built-up areas in the vicinity of cities, towns or
villages.
B. Protection of forest villagers
ARTICLE 170- Measures shall be introduced by law
to secure cooperation between the State and the inhabitants
of villages located in or near forests in the supervision and
exploitation of forests for the purpose of ensuring conservation
of forests and their integrity, and improving the living conditions
of these inhabitants; the law shall also regulate the exploitation
of areas which technically and scientifically ceased to be forests
135
before December 31, 1981; the identification of areas whose
preservation as forest is considered scientifically and technically
useless, their exclusion from forest boundaries and their
improvement by the State for the purpose of settling all or some
of the inhabitants of forest villages in them, and their allocation
to these villages.
The State shall take measures to facilitate the acquisition of
equipment and other inputs by these inhabitants.
The land owned by villagers resettled outside a forest shall
immediately be reafforested as a State forest.
V. Developing cooperativism
ARTICLE 171- The State shall take measures, in keeping
with national economic interests, to ensure the development of
cooperativism, which shall be primarily aiming at increase in
production and protection of consumers.
(Repealed on July 23, 1995; Act No. 4121)
VI. Protection of consumers, tradespeople and artisans
A. Protection of consumers
ARTICLE 172- The State shall take measures to protect
and inform consumers; shall encourage their initiatives to
protect themselves.
B. Protection of tradespeople and artisans
ARTICLE 173- The State shall take measures to protect
and support tradespeople and artisans.
136
PART FIVE
Miscellaneous Provisions
I. Preservation of Reform Laws
ARTICLE 174- No provision of the Constitution shall
be construed or interpreted as rendering unconstitutional the
Reform Laws indicated below, which aim to raise Turkish society
above the level of contemporary civilization and to safeguard
the secular character of the Republic, and whose provisions
were in force on the date of the adoption of the Constitution by
referendum:

1. Act No. 430 of March 3, 1340 (1924) on the Unification
   of the Educational System,
2. Act No. 671 of November 25, 1341 (1925) on the Wearing
   of Hats,
3. Act No. 677 of November 30, 1341 (1925) on the Closure
   of Dervish Monasteries and Tombs, the Abolition of the Office
   of Keeper of Tombs and the Abolition and Prohibition of Certain
   Titles,
4. The principle of civil marriage according to which the
   marriage act shall be concluded in the presence of the competent
   official, adopted with the Turkish Civil Code No. 743 of February
   17, 1926, and Article 110 of the Code,
5. Act No. 1288 of May 20, 1928 on the Adoption of
   International Numerals,
6. Act No. 1353 of November 1, 1928 on the Adoption and
   Application of the Turkish Alphabet,
   137
7. Act No. 2590 of November 26, 1934 on the Abolition of
   Titles and Appellations such as Efendi, Bey or Pasha,
8. Act No. 2596 of December 3, 1934 on the Prohibition of
   the Wearing of Certain Garments.
   PART SIX
   Provisional Articles
   PROVISIONAL ARTICLE 1- On the duly proclamation
   of the adoption of the Constitution as the Constitution of the
   Republic of Turkey by referendum, the Chairperson of the
   Council of National Security and Head of State at the time of the
   referendum, shall assume the title of President of the Republic
   and shall exercise the constitutional functions and powers of
   the President of the Republic for a period of seven years. The
   oath taken as Head of State on September 18, 1980 shall remain
   valid. At the end of the period of seven years, the election for the
   Presidency of the Republic shall be held in accordance with the
   provisions set forth in the Constitution.
   The President of the Republic shall also hold the
   chairpersonship of the Council of National Security formed on
   December 12, 1980, under Act No. 2356, until the convening of
   the Grand National Assembly of Turkey and the formation of the
   Bureau following the first general elections.
   If the Presidency of the Republic falls vacant for any reason
   before the Grand National Assembly of Turkey convenes and
   assumes its functions at the end of the first general elections, the
   most senior member of the National Security Council shall act
   138
   as President of the Republic and exercise all his constitutional
   functions and powers until the Grand National Assembly of
   Turkey convenes and elects a new President of the Republic in
   accordance with the Constitution.
   PROVISIONAL ARTICLE 2- The Council of National
   Security formed on December 12, 1980 under Act No. 2356
   shall continue to exercise its functions under Act No. 2324 on
   the Constitutional Order and Act No. 2485 on the Constituent
   Assembly until the convening of the Grand National Assembly
   of Turkey and the formation of the Bureau following the first
   general elections held under the Political Parties Act and the
   Elections Act prepared in accordance with the Constitution.
   After the adoption of the Constitution, Article 3 of Act No.
   2356 relating to the procedure for winning a seat on the Council
   of National Security that falls vacant for any reason shall cease
   to apply.
   After the Grand National Assembly of Turkey has convened
   and assumed its functions, the Council of National Security shall
   become the Presidential Council for a period of six years, and the
   members of the Council of National Security shall acquire the
   title of members of the Presidential Council. The oath they took
   on September 18, 1980 as members of the Council of National
   Security shall remain valid. Members of the Presidential
   Council shall enjoy the rights and immunities conferred by the
   Constitution on members of the Grand National Assembly of
   Turkey. The legal existence of the Presidential Council shall
   terminate on the expiry of the period of six years.
   139
   The functions of the Presidential Council shall be as follows:
   a) To examine laws adopted by the Grand National
   Assembly of Turkey and submitted to the President of the
   Republic concerning: the fundamental rights and freedoms and
   duties set forth in the Constitution, the principle of secularism,
   the preservation of the reforms of Atatürk, national security and
   public order, the Turkish Radio and Television Corporation,
   international treaties, the sending of armed forces to foreign
   countries and the admission of foreign forces in Turkey,
   emergency rule, martial law and the state of war, and other laws
   deemed necessary by the President of the Republic, within the
   first ten days of the period of fifteen days granted to the President
   of the Republic for his consideration;
   b) On the request of the President of the Republic and within
   the period specified by him:
   To consider and give an opinion on matters relating to
   the renewal of general elections, the exercise of emergency
   rule and the measures to be taken during a state of emergency,
   the management and supervision of the Turkish Radio and
   Television Corporation, the training of the youth and the conduct
   of religious affairs;
   c) According to the request of the President of the Republic,
   to consider and investigate matters relating to internal or external
   security and such other matters deemed necessary, and to submit
   its findings to the President of the Republic.
   140
   PROVISIONAL ARTICLE 3- On the convening of the
   Grand National Assembly of Turkey and the formation of the
   Bureau following the first general elections held in accordance
   with the Constitution:
   a) Act No. 2324 of October 27, 1980 on the Constitutional
   Order,
   b) Act No. 2356 of December 12, 1980 on the Council of
   National Security,
   c) Act No. 2485 of June 29, 1981 on the Constituent
   Assembly,
   shall cease to have effect and the legal existence of the
   Council of National Security and the Consultative Assembly
   shall terminate.
   PROVISIONAL ARTICLE 4- (Repealed on September 6,
   1987; Act No. 3361)
   PROVISIONAL ARTICLE 5- On the tenth day following
   proclamation of the results of the first general elections by the
   Supreme Board of Election, the Grand National Assembly of
   Turkey shall convene of its own accord at the building of the
   Grand National Assembly of Turkey in Ankara at 15.00 hours.
   The eldest deputy shall preside this session. At this session, the
   deputies shall take their oaths.
   PROVISIONAL ARTICLE 6- Until the Grand National
   Assembly of Turkey, formed in accordance with the Constitution,
   adopts the Rules of Procedure, which shall govern its sessions
   141
   and proceedings, those provisions of the Rules of Procedure of
   the National Assembly that were in force before September 12,
   1980, and that are not contrary to the Constitution shall apply.
   PROVISIONAL ARTICLE 7- The present Council of
   Ministers shall continue in office until the convening of the
   Grand National Assembly of Turkey and the formation of the
   new Council of Ministers following the first general elections.
   PROVISIONAL ARTICLE 8- Laws relating to the
   formation, duties, powers and functioning of the new organs,
   institutions and agencies established under the Constitution
   and other laws whose introduction or amendment is provided
   for in the Constitution, shall be enacted during the period of
   Constituent Assembly, starting from the date of the adoption
   of the Constitution; laws that cannot be dealt with during this
   period shall be enacted within the year following the first session
   of the newly elected Grand National Assembly of Turkey.
   PROVISIONAL ARTICLE 9- Within a period of six
   years following the formation of the Bureau of the Grand
   National Assembly of Turkey, which is to convene after the first
   general elections, the President of the Republic may send back
   to the Grand National Assembly of Turkey any constitutional
   amendments. In this case, the re-submission of the constitutional
   amendment in its unchanged form to the President of the
   Republic by the Grand National Assembly of Turkey is only
   possible with a three-fourths majority of the votes of the total
   number of members.
   142
   PROVISIONAL ARTICLE 10- Local elections shall be
   held within a year of the first session of the Grand National
   Assembly of Turkey.
   PROVISIONAL ARTICLE 11- Regular and substitute
   members of the Constitutional Court who were in office on the
   date of the adoption of the Constitution by referendum shall
   continue to hold office and exercise their functions. The members
   previously elected by the Constitutional Court to specific offices
   shall retain the status thus acquired.
   No election shall be held to fill the vacant seats of the
   regular members of the Constitutional Court until the number
   of these members falls to eleven, nor shall an election be held
   to fill the vacant seats of substitute members until the total
   number of regular and substitute members falls to fifteen.Until
   the Constitutional Court adapts to the new system, the principles
   and order of precedence set forth in the Constitution shall be
   observed in the elections which are to be held because the
   number of regular members has fallen below eleven, or because
   the total number of regular and substitute members as fallen
   below fifteen.
   Until the number of regular members of the Constitutional
   Court falls to eleven, the quorum prescribed by Act No. 44 of
   April 22, 1962, shall be observed in all cases and proceedings.
   PROVISIONAL ARTICLE 12- Persons appointed by the
   Head of State as regular and substitute members of the High
   Council of Judges and Prosecutors from among the members
   143
   of the High Court of Appeals and the Council of State under
   Provisional Article 1 of Act No. 2461 of May 13, 1981, on
   the High Council of Judges and Prosecutors; as Chief Public
   Prosecutor and Deputy Chief Public Prosecutor in accordance
   with the Provisional Article appended to Act No. 1730 on the
   High Court of Appeals under Act No. 2483 of June 25, 1981;
   and as President, Chief Public Prosecutor, deputy presidents
   and heads of division of the Council of State under Provisional
   Article 14, paragraph 2 of Act No. 2575 of January 6, 1982 on
   the Council of State shall continue to exercise their functions
   until the end of the term of office for which they were elected.
   The provisions of the provisional articles of Act No. 2576
   of 6 January 1982 concerning the appointment of the presidents
   and members of administrative courts shall also remain in force.
   PROVISIONAL ARTICLE 13- The elections of one
   regular and one substitute member to be elected to the High
   Council of Judges and Prosecutors from among the members
   of the High Court of Appeals shall take place in twenty days
   following the entry into force of the Constitution.
   Until the elected members assume the office, the quorum
   for meetings of the Council shall be met with the participation
   of substitute members.
   PROVISIONAL ARTICLE 14- The obligation of the
   unions to deposit their revenues in the state banks shall be fulfilled
   within two years of the entry into force of the Constitution, at
   the latest.
   144
   PROVISIONAL ARTICLE 15- (Repealed on September
   12, 2010; Act No. 5982)
   PROVISIONAL ARTICLE 16- Persons who fail to
   participate in the referendum on the Constitution without valid
   legal or actual reasons despite being entitled to vote and being
   included in the register of electors and the polling station register
   compiled for the referendum, shall neither participate nor stand
   for election in general elections, by-elections, local elections or
   referendums for a period of five years following the referendum
   on the Constitution.
   PROVISIONAL ARTICLE 17- (Added on May 10, 2007;
   Act No. 5659)
   In the first general elections held after the entry into force
   of this Act on the addition of a provisional article to the Turkish
   Constitution, the last paragraph of Article 67 of the Constitution
   shall not be applied to the provisions of Parliamentary Elections
   Act No. 2839, dated June 10, 1983, concerning the inclusion of
   independent candidates on joint ballot paper.
   PROVISIONAL ARTICLE 18- (Added on September 12,
   2010; Act No. 5982)
   The current substitute members of the Constitutional Court
   shall acquire the status of regular members on the date of entry
   into force of this Act.
   Within thirty days of the date of entry into force of this
   Act, the Grand National Assembly of Turkey shall elect one
   member each from among three candidates nominated by the
   General Assembly of the Court of Accounts and the heads of bar
   associations.
   145
   In order to nominate candidates for the election of the
   members to be held by the Grand National Assembly of Turkey:
   a) The President of the Court of Accounts shall announce the
   beginning of the application process for candidacy within five
   days of the date of entry into force of this Act. Candidates shall
   apply to the Presidency within five days of the announcement.
   The General Assembly of the Court of Accounts shall hold
   elections within five days of the final date of application. The
   three candidates obtaining the greatest number of votes shall be
   nominated in these elections in which each member of the Court
   of Accounts may vote.26
   b) The Head of the Turkish Union of Bar Associations shall
   announce the beginning of the application process for candidacy
   within five days of the date of entry into force of this Act. Candidates
   shall apply to the Turkish Union of Bar Associations within five
   days of announcement. The election shall be held at the place and
   time indicated in the announcement of the Turkish Union of Bar
   Association within five days following the final date of application
   by the heads of the Bar Associations. The three candidates obtaining
   the greatest number of votes shall be nominated in these elections
   in which each head of bar may vote. 27

26 The phrase “…for only one candidate…” following the phrase “Each member of
the Court of Accounts” in the last sentence of this subparagraph was annulled by
the decision of the Constitutional Court dated July 7, 2010 numbered E. 2010/49, K.
2010/87 (Official Gazette numbered 27659 of August 1, 2010).
27 The phrase “…for only one candidate…” following the phrase “Each head of
bar” in the last sentence of this subparagraph was annulled by the decision of the
Constitutional Court dated July 7, 2010 numbered E. 2010/49, K. 2010/87 (Official
Gazette numbered 27659 of August 1, 2010).
146
c) The names of those nominated through the elections held
in accordance with subparagraphs (a) and (b) shall be notified
to the Office of the Speaker of the Grand National Assembly
of Turkey by the Presidency of the Court of Accounts and of
the Turkish Union of Bar Associations on the day following the
elections.
ç) Elections shall be held at the Grand National Assembly
of Turkey within ten days of the notification made in accordance
with subparagraph (c). In elections held for each vacant position,
a twothirds majority of the total number of members in the first
ballot and the absolute majority of the total number of members is
required in the second ballot; in case the absolute majority of the
total number of members is not attained in the second ballot, a third
ballot shall be held between two candidates obtaining the greatest
number of votes in the second ballot; the candidate who obtains the
greatest number of votes in the third ballot shall be elected.
Following the vacancy of the positions allocated to the
High Court of Appeals and the Council of State, the President
of the Republic shall choose one member for each vacancy,
from among three candidates to be nominated for each vacant
position by the Council of Higher Education from among
members of the teaching staff in the fields of law, economics
and political sciences who are not members of the Council of
Higher Education.
The current members, as well as substitute members elected
from the quotas allocated to institutions that have nominated
members for the Constitutional Court shall be taken into
consideration in the final election.
147
The status of those who have been appointed to certain posts
in the Constitutional Court shall continue until the end of their
term of office. Those who are members on the date of entry into
force of this Act shall continue in their post until the statutory
age limit.
Necessary legal arrangements on individual applications
shall be completed within two years. Individual applications
shall be accepted as from the date of the entry into force of the
implementing law.
PROVISIONAL ARTICLE 19- (Added on September 12,
2010; Act No. 5982)
The members of the High Council of Judges and Prosecutors
shall be elected within thirty days as of the date of entry into
force of this Act in accordance with the principles and procedures
indicated below:
a) President of the Republic shall appoint four members, for
whom there is no impediment to becoming a judge, from among
teaching staff working in the field of law for at least fifteen
years and lawyers who have completed fifteen years of active
Professional service.28

28 The phrase “…economics and political sciences…” following the phrase “law,”,
and the phrase “…high level executives…” following the phrase “teaching staff” in
the first sentence of this sub-paragraph, and the second sentence “The President of the
Republic shall elect member of the Council, to be elected from high level executives,
from among take office as minister, undersecretary to ministry, deputy undersecretary
to ministry, governor, General Secretary of the Presidency, and director-general of
public institutions, head of supervisory board.” were annulled by the decision of the
Constitutional Court dated July 7, 2010 numbered E. 2010/49, K. 2010/87 (Official
Gazette numbered 27659 of August 1, 2010).
148
b) The General Assembly of the High Court of Appeals shall
select three regular and two substitute members from among
members of the Court. The First President of the High Court
of Appeals shall announce the beginning of the application
process for candidacy within seven days of the entry into force
of this Act. The candidates shall apply to the First Presidency
within seven days of the date of the announcement. The General
Assembly of the High Court of Appeals shall hold elections
within fifteen days from the final date of application. In the
elections, where each member of the High Court of Appeals
may vote, the candidates with the greatest number of votes are
elected as regular and substitute members respectively.29
c) The General Assembly of the Council of State shall select
one regular and one substitute member from among members of
the Court. The President of the Council of State shall announce
the beginning of the application process for candidacy within
seven days of the entry into force of this Act. The candidates
shall apply to the Presidency within seven days of the date of the
announcement. The General Assembly of the Council of State
shall hold elections within fifteen days from the final date of
application. In the elections, where each member of the Council
of State may vote, the candidates with the greatest number of
votes are elected as regular and substitute members respectively.30

29 The phrase “…for only a member…” following the phrase “Each member of the
High Court of Appeals” in the last sentence of this subparagraph was annulled by
the decision of the Constitutional Court dated July 7, 2010 numbered E. 2010/49, K.
2010/87 (Official Gazette numbered 27659 of August 1, 2010).
30 The phrase “…for only a member…” following the phrase “Each member of the
Council of State” in the last sentence of this subparagraph was annulled by the decision
of the Constitutional Court dated July 7, 2010 numbered E. 2010/49, K. 2010/87
(Official Gazette numbered 27659 of August 1, 2010).
149
ç) The General Assembly of the Turkish Justice Academy
shall select one regular and one substitute member from among
its members to the Supreme Council of Judges and Prosecutors.
The President of the Justice Academy of Turkey shall announce
the beginning of the application process for candidacy within
seven days of the entry into force of this Act. The candidates
shall apply to the Presidency within seven days of the date of the
announcement. The General Assembly of the Justice Academy
of Turkey shall hold elections within fifteen days from the final
date of application. In the elections, where each member may
vote, the candidates with the greatest number of votes are elected
as regular and substitute members respectively.31
d) Seven regular and four substitute members shall be elected
by civil judges and public prosecutors under the direction and
supervision of the Supreme Board of Election from among çivil
judges and public prosecutors who are first category judges and
have not lost the qualifications for being first category judges.
Within five days of the date of entry into force of this Act, the
Supreme Board of Election shall announce the beginning of the
application process for candidacy. The candidates shall apply
within three days of the date of announcement. The Supreme
Board of Election shall examine the applications, finalize and
announce the list of candidates within two days following the
expiry of the date of application. Objections to this list may
be made within the following two days. The objections shall

31 The phrase “…for only a member…” following the phrase “Each member” in the
last sentence of this subparagraph was annulled by the decision of the Constitutional
Court dated July 7, 2010 numbered E. 2010/49, K. 2010/87 (Official Gazette numbered
27659 of August 1, 2010).
150
be examined and finalized and the definitive list of candidates
shall be announced within two days following the expiry of
the objection period. Judges and public prosecutors working in
provinces or districts shall vote in elections to be held, under
the direction and supervision of the provincial election boards,
in each province and district on the second Sunday following
the date of announcement of the definitive list by the Supreme
Board of Election. The provincial election boards shall establish
ballot box committees according to the number of judges and
public prosecutors that are to vote in that province. Provincial
election boards shall decide on complaints and objections
about proceedings, measures, and decisions of the ballot box
committees. Candidates shall not conduct campaigns; they may
post their résumé on an internet site allocated for this purpose
within the framework of the principles and procedures defined
by the Supreme Board of Election. The candidates obtaining the
greatest number of votes are elected as regular and substitute
members respectively. The Supreme Board of Election shall
determine other matters concerning the ballot papers. The
Supreme Board of Election may have the ballot papers printed
or may have these printed through provincial election boards
as it may deem appropriate. In the elections to be held, the
provisions of the Act No. 298, Basic Rules on Elections and
Voting Registers, dated April 4, 1961, that are not in conflict
with this subparagraph shall apply.32

32 The eleventh sentence in the this subparagraph “Each electorate shall vote for only
one candidate in this elections.” was annulled by the decision of the Constitutional
Court dated July 7, 2010 numbered E. 2010/49, K. 2010/87 (Official Gazette numbered
27659 of August 1, 2010).
151
e) Three regular and two substitute members shall be elected
by civil judges and public prosecutors under the direction and
supervision of the Supreme Board of Election from among civil
judges and public prosecutors who are first category judges
and have not lost the qualifications for being first category
judges. In the elections, in provinces where there are regional
administrative courts, held under the direction and supervision
of the provincial election boards, judges and public prosecutors
working in these regional administrative courts and in courts
subject to authority of those courts shall vote. The provisions of
subparagraph (d) shall apply to these elections as well.
The regular members of the High Council of Judges and
Prosecutors elected in accordance with subparagraphs (a), (ç),
(d) and (e) of the first paragraph, shall begin to hold office on the
working day following the date of entry into force of this Act.
Regular and substitute members of the High Council of
Judges and Prosecutors elected from the High Court of Appeals
and Council of State, incumbent on date of entry into force of
this Act, shall continue their duties until the end of their term of
office. The members elected in accordance with subparagraph
(b) of the first paragraph shall replace, in sequence, the
members elected from High Court of Appeals whose term of
office have expired, and the members elected in accordance
with subparagraph (c) of the first paragraph shall replace, in
sequence, the members elected from Council of State whose
terms of office have expired.
152
The term of office of the members elected according to
subparagraph (b) and (c) of the first paragraph and who took
office in accordance with the third paragraph ends when the term
of office of those elected in accordance with subparagraph (a),
(ç), (d) and (e) of the first paragraph expires.
Regular members elected to the High Council of Judges and
Prosecutors shall have the same financial, social and pension
rights determined for the Head of Chamber of the High Court
of Appeals in the relevant legislation, until the necessary
arrangements are made in related laws. Furthermore, regular
members of the Council, except for the President, shall receive
additional compensation on a monthly basis in the amount to be
calculated by multiplying the index of 30000 by the coefficient
applied to salaries of civil servants.
Until arrangements are made in the relevant laws, the High
Council of Judges and Prosecutors:
a) Shall operate in the form of a board in accordance with
legal provisions in force as long as they are not contrary to the
provisions of the Constitution,
b) Shall convene under the presidency of the Minister of
Justice within one week following the date of holding office of
the regular members in accordance with the second paragraph
and shall elect a temporary deputy chairperson,
c) Shall convene with at least fifteen members and take
decisions by the absolute majority of the total number of
members,
153
ç) The secretariat functions shall be conducted by the
Ministry of Justice.
Until inspectors of the Council and judiciary inspectors are
appointed, the existing judiciary inspectors shall carry out their
duties under the title of inspector of the Council and judiciary
inspector.
The provisions of this Article shall be applied until the
necessary arrangements are made in the relevant laws.
PROVISIONAL ARTICLE 20- (Added on May 20, 2016;
Act No. 6718)
The deputies about whom a file concerning the lifting of
parliamentary immunity has been submitted, by the date of
adoption of this article in the Grand National Assembly of
Turkey, to the Ministry of Justice, the Prime Ministry, the Office
of the Speaker of the Grand National Assembly of Turkey or to
the Office of the Joint Committee composed of the members
of the Committee on the Constitution and the Committee on
Justice by the authorities competent to investigate or permit
investigations or prosecutions and the offices of public
prosecutors and the courts, shall be exempt, with respect to such
file, from the first sentence of the second paragraph of the Article
83 of the Constitution.
Within fifteen days of the effective date of this article, the
files concerning the lifting of parliamentary immunity at the
Ministry of Justice, the Prime Ministry, the Office of the Speaker
154
of the Grand National Assembly of Turkey, the Office of the
Joint Committee composed of the members of the Committee on
the Constitution and the Committee on Justice shall be returned
to the competent authority for the execution of the necessary
procedure.
PROVISIONAL ARTICLE 21- (Added on April 16, 2017;
Act No. 6771)
A) General election for the 27th legislative term of the
Grand National Assembly of Turkey and the presidential
election shall be held together on 3/11/2019. Members of the
Grand National Assembly of Turkey and the President of the
Republic shall continue to serve until the election is held. If the
Assembly decides to hold an election, general election for the
27th legislative term of the Grand National Assembly of Turkey
and the presidential election shall be held together.
B) No later than six months after the promulgation of this
Act, the Grand National Assembly of Turkey shall adopt the
Rules of Procedure and other statutory regulations required by
the amendments made by this Act. The amendments determined
to be regulated by presidential decree shall be regulated by the
President of the Republic no later than six months.
C) According to the regulation made in the 159th article
of the Constitution, members of the Council of Judges and
Prosecutors shall be elected within thirty days at the latest and
commence their duty on the workday following the fortieth
day after the effective date of this Act. The applications shall
be submitted to the Office of the Speaker within five days of
155
the effective date of this Article. The Office of the Speaker
shall refer the applications to the Joint Committee composed
of the members of the Committee on the Constitution and the
Committee on Justice. The Joint Committee shall designate
three candidates for each membership by a two-thirds majority
of the total number of its members within ten days. If the election
cannot be finalized by two-thirds majority in the first ballot, the
second and third ballot shall be held; then the candidate who
receives the votes of the three-fifth majority of the total number
of members shall have been elected. If no candidate receives the
vote of three-fifth majority, the process of nomination shall be
completed by drawing names from among the candidates twice
the number of members who have received the most votes in
the third ballot. The Plenary of the Grand National Assembly of
Turkey shall complete the election within fifteen days observing
the same procedures and quorums. The members of existing
High Council of Judges and Public Prosecutors shall continue
to hold Office and work in accordance with the provisions of the
laws in force until the new members assume office. From among
the members whose term of office has expired and who have
not been reelected to the Council of Judges and Prosecutors;
those having been elected out of civil judges and prosecutors
shall be elected by the Council of Judges and Prosecutors, at
their request, to the membership of High Court of Appeals and
those having been elected out of administrative judges and
prosecutors to the membership of Council of State; those having
been elected out of teaching staff and lawyers shall be appointed
to the membership of the Council of State by the President of
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the Republic. Such elections and appointments shall be made
irrespective of availability of vacant positions; new membership
cadres by the number of members so elected or appointed shall
be supplemented to the cadres of the Court of Appeals and
Council of State.
D) The members of the High Military Court of Appeals and
the High Military Administrative Court who have been elected
to the membership of the Constitutional Court shall continue
their membership until their office terminates for any reason.
E) The High Military Court of Appeals, The High Military
Administrative Court and the military courts shall be abolished
as of the effective date of this Act.
Within four months of the effective date of this Act; the
President, the Attorney-General, the Vice-President and the
members of the High Military Court of Appeals and the High
Military Administrative Court who belong to the military judge
class and other military judges (except reserve officers), taking
into account their preferences and acquisitions;
a) may be appointed as judges or public prosecutors in the
civil or administrative judiciary by the Council of Judges and
Prosecutors.
b) Judges and prosecutors who are similar to civil or
administrative judges in terms of salary, supplementary indicator,
appropriation, judicial benefit, supplementary payment, financial
and social rights and benefits, and with respect to the other
rights and obligations by continuing to apply the provisions of
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the legislation in force as of the effective date of this Act, shall
be appointed by the Ministry of National Defense to the legal
services staff of the Ministry or to the Chief of the General Staff.
The procedures and principles relating to the compensation to be
paid to those who are entitled to pension and quit their offices at
their own will before they reach the age limit shall be regulated
by law.
Among the files in process at the abolished military judicial
offices; those in the legal remedy stage shall be sent to the High
Court of Appeals or the Council of State; and other files to the
competent civil or administrative judicial authorities according
to their relevance within four months.
F) The decrees having the force of law, regulations, bylaws issued by the Prime Ministry and the Council of Ministers
and other administrative regulations that are in force as of the
effective date of this Act shall remain in force unless they are
repealed. The articles 152 and 153 shall continue to be applied
to the decrees having the force of law that are in force.
G) The powers granted to the Prime Minister and the Council
of Ministers by laws and other regulations shall be exercised by
the President of the Republic, until amendments are made to the
relevant legislation.
H) The last paragraph of the Article 67 of the Constitution
shall not apply to the first election of the Grand National
Assembly of Turkey and the presidential election which will be
held simultaneously after the effective date of this Act.
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PART SEVEN
Final Provisions
I. Amending the Constitution, participation in elections
and referenda
ARTICLE 175- (As amended on May 17, 1987; Act No.
3361) Amendment to the Constitution shall be proposed in
writing by at least one-third of the total number of members
of the Grand National Assembly of Turkey. Bills to amend the
Constitution shall be debated twice in the Plenary. The adoption
of a bill for an amendment shall require a three-fifths majority of
the total number of members of the Assembly by secret ballot.
The consideration and adoption of bills for the amendments
to the Constitution shall be subject to the provisions governing
the consideration and adoption of laws, with the exception of the
conditions set forth in this Article.
The President of the Republc may send back the laws on the
amendments to the Constitution to the Grand National Assembly
of Turkey for reconsideration. If the Assembly readopts, by a
two-thirds majority of the total number of members, the law sent
back by the President of the Republic without any amendment,
the President of the Republic may submit the law to referendum.
If a law on the amendment to the Constitution is adopted
by a three-fifths or less than two-thirds majority of the total
number of members of the Assembly and is not sent back by the
President of the Republic to the Assembly for reconsideration,
it shall be published in the Official Gazette and be submitted to
referendum.
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A law on the Constitutional amendment adopted by a
twothirds majority of the total number of members of the Grand
National Assembly of Turkey directly or upon the sending back
of the law by the President of the Republic or its articles deemed
necessary may be submitted to a referendum by the President
of the Republic. A law on the amendment to the Constitution or
the related articles that are not submitted to referendum shall be
published in the Official Gazette.
Entry into force of the laws on the amendment to the
Constitution submitted to referendum shall require the
affirmative vote of more than half of the valid votes cast.
The Grand National Assembly of Turkey, in adopting the
law on the Constitutional amendment shall also decide on which
provisions shall be submitted to referendum together and which
shall be submitted individually, in case the law is submitted to
referendum.
Every measure including fines shall be taken by law to
secure participation in referenda, general elections, by-elections
and local elections.
II. Preamble and headings of articles
ARTICLE 176- The preamble, which states the basic views
and principles the Constitution is based on, shall form an integral
part of the Constitution.
The headings of articles merely indicate the subject matter
of the articles, their order, and the connections between them.
These headings shall not be regarded as a part of the text of the
Constitution.
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III. Entry into force of the Constitution
ARTICLE 177- On its adoption by referendum and its
publication in the Official Gazette, this Constitution shall become
the Constitution of the Republic of Turkey and shall come into
force in its entirety, subject to the following exceptions and the
provisions relating to entry into force of these exceptions:
a) The provisions of Part Two Chapter II relating to personal
liberty and security, the press and publication, and the right and
freedom of assembly.
The provisions of Chapter III relating to labour, collective
labour agreements, the right to strike, and lockout.
These provisions shall come into force when the relevant
laws are promulgated, or when the existing laws are amended,
and in any case, at the latest, when the Grand National Assembly
of Turkey assumes its functions. However, until their entry into
force, existing laws and the decrees and decisions of the Council
of National Security shall apply.
b) The provisions of Part Two relating to political parties and
the right to engage in political activities, shall come into force on
the promulgation of the new Political Parties Act, which is to be
prepared in accordance with these provisions.
The provisions on right to vote and to be elected shall come
into force on the promulgation of the Elections Act also to be
prepared in accordance with these provisions.
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c) The provisions of Part Three, relating to legislative power:
These provisions shall come into force on the proclamation
of the results of the first general elections. However, the
provisions relating to the functions and powers of the Grand
National Assembly of Turkey which take place in this section
shall be exercised by the Council of National Security until the
Grand National Assembly of Turkey assumes its functions; the
provisions of Act No. 2485 of June 29, 1981 on the Constituent
Assembly being reserved.
d) The provisions of Part Three relating to the functions
and powers of the President of the Republic and to the State
Supervisory Council under the heading “President of the
Republic”; to regulations, National Defence, procedures
governing emergency rule under the heading “Council
of Ministers”; to all other provisions under the heading
“Administration”, except local administration, and except the
Atatürk High Institution of Culture, Language and History;
and all the provisions relating to the judiciary, except the
State Security Courts, shall come into force on publication
in the Official Gazette of the adoption by referendum of the
Constitution. The provisions concerning the President of the
Republic and the Council of Ministers which have not gone into
effect shall come into force when the Grand National Assembly
of Turkey assumes its functions; the provisions relating to local
administrations and to the State Security Courts shall come into
force on the promulgation of the relevant laws.
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e) If new legislation, or amendments to existing legislation
are required in connection with the constitutional provisions
which are to come into force on the proclamation of the adoption
by referendum of the Constitution or in connection with existing
or future institutions, organizations and agencies, the procedure
to be followed shall be subject to those provisions of existing
laws which are not unconstitutional, or to the provisions of the
Constitution, in accordance with Article 11 of the Constitution.
f) The provision of second paragraph of Article 164
regulating the procedure for the consideration of final accounts
bill shall come into force in 1984.
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PROVISIONAL ARTICLES NOT INCLUDED IN THE
CONSTITUTION OF THE REPUBLIC OF TURKEY
Provisional Article of Act No. 4709 dated October 3, 2001
PROVISIONAL ARTICLE- A) The last paragraph added
to the Article 67 of the Constitution by Article 24 of this Act
shall not be implemented at the first general election to be held
after this Act goes into effect.
B) The amendments made by Article 28 of this Act to Article
87 of the Constitution shall not apply to those who perpetrate the
acts described in Article 14 of the Constitution before this Act
goes into effect.
Provisional Article of Act No. 4777 dated December 27,
2002
PROVISIONAL ARTICLE 1- The last paragraph of
Article 67 of the Constitution of the Republic of Turkey shall
not be implemented in the first by-elections to be held during the
22nd term of the Grand National Assembly of Turkey.