CONSTITUTIONS OF THE COUNTRIES OF THE WORLD

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP98-01394R000200020002-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 129
• Document Creation Date: January 4, 2017
• Document Release Date: July 30, 2013
• Sequence Number: 2
• Publication Date: August 1, 1982
• Content Type: OPEN SOURCE

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Editors
ALBERT P. BLAUSTEIN & GISBERT H. FLANZ
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CONTENTS ?
CONSTITUTIONAL CHRONOLOGY
THE CONSTITUTION
ANNOTATED BIBLIOGRAPHY
We wish to express our thanks and appreciation to
the Organization of American States for allowing us to
reproduce their excellent translation of this Constitution.
Copyright 1982 by Oceana Publications, Inc.
Library of Congress Catalog Card No.: 76-141327
International Standard Book Number (ISBN): 0-379-00467-4
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CHRONOLOGY
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During the past decade great transformations have taken place
in Mexico's political, economic and social system. These changes and
aspirations are reflected to a considerable extent in the constitu-
tional amendments which were adopted during this period.
1972 The amendment of Article 123 B XI f of November 8, 1972,
which was published on November 10, 1972, extended and made
more specific the right of workers to low-cost housing for
rent or sale. It provided for the establishment by state
contributions of a National Housing Fund which was to grant
workers "a sufficient and inexpensive credit" that would
enable them to acquire ownership of comfortable and healthy
homes or to build, repair or improve them or to pay debts
resulting from such expenditures. The amendment specified
that such contributions were to be delivered to the agency
in charge of social security, which was authorized to regu-
late the manner and procedure of granting and awarding such
loans.
On the same day Article 123 B XIII was also amended. Previ-
ously it stated that "military and naval personnel and mem-
bers of the public security corps, and personnel of the
foreign service, shall be governed by their own laws." To
this was added a provision analogous to the previously cited
Article 123 BXI f, which was to extend to more individuals
the same benefits granted to workers.
On February 14 the Diario Oficial published the amended texts
of Articles 52, 54 and 58.
The "Law on the registration of contracts and agreements re-
garding the transfer of technology" was published in the
Diario Oficial on December 28 and went into effect 30 days
later.
1973 The "Law on the Promotion of Mexican investment and the regu-
lation of foreign investment" was published in the Diario
Oficial on March 9. The purpose of this law which consists
OT?Tr7irticles and additional transitory articles was "to
stimulate a just and balanced development and consolidate
the country's economic independence." As stipulated in the
transitory articles (1) this law entered into force on May
8, sixty days after its publication in the Diario Oficial.
On August 30 Mexico and the United States signed an "Agree-
ment in Mexico City on the Permanent and Definitive Solu-
tion to the International Problem of Salinity of the Colo-
rado River."
1974 In sharp contrast with the previous year in which no amend-
ments were passed, the year 1974 brought many changes in
the text of the Constitution. The following articles were
amended: 4,5,27(VI)(XII)(XVII),30(II),43,45,54,55(II),73
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1973 (several deletions), 74(1 and VI), 79(11 and V), 82(VI), 1976 On No,
89(II,XIV,XVII), 93, 104, 107(11 and VIII), 123(II,V,XI, in 1
XXV,XXIX, and XXXI) and 131. tre.
towd
On January 31 Article 93 was amended to require not only the Arti
secretaries of the Cabinet but also the directors and the tryl
administrators of the decentralized federal agencies and
certain enterprises, in which the State has majority parti- tut
cipation, to provide reports to Congress on matters rela- on 1
ting to their particular fields of activity. Such requests,
as previously, could be initiated by either branch of the Presii
Congress as soon as Congress had commenced its regular ses-
1=
legislation. 1
sion to assist lawmakers in their deliberations on specific
nati
Article 107 was amended in February to correct certain defi- 1977 In 19
ciencies in the constitutional provisions of articles 103
and 107 pertaining to suits affecting the rights of minors By de
and incapacitated persons. This amendment was published on ame
February 27.
1975 The amended version of Article 27 was published in Diario
Oficial on February 6. It stated that the use of nuclear
fuels for the generation of nuclear energy and the regula-
tion of its application to other purposes is also a func-
tion of the "Nation" and that nuclear energy may only be
used for peaceful purposes. The amended texts of Articles
73(X) and 123(XXXI) were published in the same issue.
1976 On January 26 the President issued a decree which added an-
other paragraph to Article 27 of the Constitution of Mexico
which established an exclusive economic zone beyond the
limits of the territorial sea.
To further implement this constitutional amendment, the Pres-
ident issued an appropriate decree which amended the Law on
Fisheries Development. It was published in the Diario
Oficial on February 13.
Another paragraph concerning the exclusive economic zone was
added to Article 27. It was published in the Diario
Oficial on February 6.
On July 4 Sr. Jose Lopez Portillo, the candidate of ruling
PRI, was elected President. Congressional elections were
held on the same day which resulted in an overwhelming vic-
tory of the PRI. However, the political situation was far
from stable. There was a drastic devaluation of the peso
and a great deal of social unrest. In August, President
Echeverria declared that he would not leave office without
implementing the legislation which limited land ownership
to 100 hectares (250 acres) and on November 19 the lame-
duck President ordered the expropriation of large tracts of
land.
enc
lic
reh
of f4
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tre
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pro
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was
on
coin]
its
prol
re 51
to
The f4
6,
97,
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), 1976 On November 25 Mexico and the United States concluded a treaty
3(II,V,XI, in Mexico City on the execution of penal sentences. The
treaty, consisting of 10 articles, marked a further step
toward mutual assistance in combating crime. According to
not only the Article 1 of this treaty, sentences imposed by either coun-
ors and the try on nationals of the other may be served in penal insti-
encies and tutions in the country of the offender. The treaty entered
jority parti- into force on November 30. The exchange of prisoners began
tters rela- on December 9.
Such requests,
.anch of the President Lopez Portillo was sworn in on December 1. In his
regular ses- inaugural address he called for greater emphasis on econo-
s on specific mic development, and more effective utilization of Mexico's
natural resources.
ertain defi-
rticles 103
ts of minors
published on
in Diario
of nuclear
the regula-
Ls? a func-
ay only be
of Articles
issue.
h added an-
ion of Mexico
ayond the
it, the Pres-
ad the Law on
a Diario
lic zone was
)iario
of ruling
-tions were
helming vic-
ion was far
f the peso
?resident
ice without
ownership
the lame-
;e tracts of
1977 In 1977, the Constitution was extensively amended.
By decree published on February 4, 1977, Article 18 was
amended by adding the following provision:
"Offenders of Mexican nationality who are serving sent-
ence in foreign countries may be transferred to the Repub-
lic to continue their confinement according to the social
rehabilitation systems provided for in this article, and
offenders of foreign nationality sentenced for federal
crimes within the Republic, or for crimes committed in the
Federal District, may be transferred to their country of
origin or residence under the terms of the international
treaties that have been concluded for that effect. State
governors may, with the support of the pertinent local laws,
request the Federal Executive to include common offenders
in such treaties. The transfer of such offenders may be
made only with their express consent."
On September 1 the President outlined his political reform
program which called for the participation of all political
parties and an eventual increase of the number of deputies
from 250 to 400.
By decree published on December 2, some minor deletions were
made in the text of Article 97 which deals with circuit
magistrates and district judges. The following paragraph
was inserted:
"The Supreme Court of Justice is empowered to inquire
on its own initiative into the facts relating to violations
committed in public elections, but only in cases which in
its opinion could put in doubt the legality of the entire
process of election of one of the Powers of the Union. The
result of the investigation shall be made known in due time
to the ?competent organs."
The following articles were amended by decree of December 6:
6, 41, 51, 52, 53, 54, 55, 60, 61, 65, 70, 73, 74, 76, 93,
97, and 115.
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1977 The changes were as follows: Article 6 was amended by adding
"the right to information shall be guaranteed by the State."
Important constitutional provisions were added to Article 41
which concerns the exercise of national sovereignty. No
reference was previously made to political parties. Now,
five new paragraphs were added as follows:
"Political parties are entities of public interest. The
law shall determine the specific forms of their interven-
tion in the electoral process.
"The purpose of political parties is to promote the par-
ticipation of the people in democratic activity, to contri-
bute to forming the national representation and, as organi-
zations of citizens, to make possible their access to the
exercise of public power, in accordance with the programs,
principles and ideas which they postulate throtoh universal,
free, secret and direct suffrage.
"Political parties shall have the right to permanent use
of the communications media in accordance with the formali-
ties and procedures provided by law.
"In the federal electoral process national political
parties shall have on an equitable basis a minimum of re-
sources for their efforts to obtain popular suffrage.
"National political parties shall have the right to par-
ticipate in state and municipal elections." .
Further changes were made in Title III (Articles 51,52,53,54
and 55) pertaining to the "election and installation of
Congress." Article 51 now contains the provision that "for
each titular deputy there shall be elected one alternate."
This was formerly Article 53. Article 52 sets up a new
system of representation:
"The Chamber of Deputies shall be composed of 300 depu-
ties elected by a plurality, within a system of single
electoral districts, and up to 100 deputies who shall be
elected according to the principle of proportional repre-
sentation, within the regional listing system, the lists
being voted for in multiple districts."
The new Article 53 reads as follows:
"The territorial demarcation of the 300 single electoral
districts will result from dividing the total population
among the district t indicated. The distribution of the
single electoral districts among the federal entities shall
be made according to the last general population census,
although in no case may the representation of a State be
less than two deputies of the majority party.
"For the election of the 100 deputies according to the
principle of proportional representation and the system of
4
1977
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1977 regional lists, up to five multiple electoral districts
may be constituted in the country. The law shall determine
the form of establishing the territorial demarcation of
these districts."
IF adding
:e State."
icle 41
. No
Now,
st. The
..erven-
the par-
contri-
; organi-
to the
-0grams,
Imiversal,
_nent use
formali-
.ical
of re-
: to par-
2,53,54
-n of
:hat "for
-mate."
new
Article 60 was also amended by decree published on December
6. However, these lengthy provisions have recently been
superseded by decree published on April 22, 1981. It now
reads:
"The Chamber of Deputies shall judge the elections of
its members through an electoral college composed of 100
deputy candidates: 60 of those elected in the single dis-
tricts, designated by the political party which, according
to the majority votes registered by the Federal Electoral
Commission, has obtained the highest number of votes; and
40 of those elected in the multiple districts, designated
by the political parties in proportion to the number which
for each of them the Federal Electoral Commission had
recognized according to the percentage of the votes ob-
tained."
To Article 61, which deals with the inviolability of deputies,
another paragraph was added by decree published on December
6, which entrusts to the presidents of the two chambers
the responsibility for maintaining this constitutional pri-
vilege.
The somewhat detailed provisions of Article 65 condensed the
agenda of the Congress to one short paragraph.
The following three paragraphs were added to Article 70:
. "The Congress shall enact the law regulating its inter-
nal structure and operation.
"The law shall determine the formalities and procedures
for the grouping of deputies, according to their party af-
filiation, so as to guarantee free expression of the ideo-
depu-
logical trends represented in the Chamber of Deputies.
0
.-gle "This law cannot be vetoed nor shall it require promul-
0.1
pre-
be gation by the Federal Executive to enter into force."
re
iists From the lengthy provisions of Article 73 concerning the
powers of Congress, two paragraphs were deleted: XXIII and
XXVIII. The first deletion concerned the right of Congress
to make its own rules. This is now covered by the second
-lectoral paragraph of Article 70. Paragraph XXVIII empowered Con-
ation . "to examine the account which the executive branch
- the must submit to it annually." This is now covered by Arti-
es shall cle 93 which was substantially amended by decrees published
-nsus, on January 3, 1974 and December 6, 1977. It now reads:
te be
to the
-stem of.
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1977 "As soon as the regular session is opened, the secre-
taries of the Cabinet and the chiefs of the administrative
agencies shall give a report to the Congress on the state
of their respective branches. Either of the Chambers may
summon the secretaries of state and the chiefs of the ad-
ministrative agencies, as well as the directors and admin-
istrators of the decentralized federal agencies or of the
enterprises in which the State has majority participation,
for information, whenever a law is under discussion or a
matter is being studied relating to their respective fields
or activities.
"The chambers, at the request of one fourth of their
members in the case of deputies, and one half in the case
of senators, have the power to form committees to investi-
gate the operations of the above agencies and enterprises.
The results of the investigations shall be made known to
the Federal Executive."
Article 74(IV) concerning the exclusive powers of Congress to
examine the annual budget were greatly expanded from one
short sentence into seven paragraphs which detail the pro-
cedure to be followed.
The amended text of Article 76(1) which specifies "the exclu-
sive powers of the Senate" in matters of foreign policy
suggests a considerable expansion of its activities. In
the earlier version of this paragraph the exclusive powers
were "to approve the treaties and diplomatic conventions
made by the President of the Republic with foreign powers."
The wording seems to expand the scope of the Senate's
powers and responsibilities. The Senate is now expected
"to analyze the foreign policy developed by the Federal
Executive on the basis of the annual reports which the
President of the Republic and the pertinent cabinet secre-
tary submit to Congress; furthermore, to approve the
treaties and diplomatic conventions made by the Executive
of the Union."
Reference has already been made to the expanded investigatory
powers of the chambers, as specified in the amended text
of Article 93(2) and published on December 6, 1977.
The following paragraph was inserted into Article 115:
"In accordance with the legislation enacted in each of
the federal entities, there shall be introduced the system
of minority deputies in the election of local legislatures
and the principle of proportional representation in the
election of council members of municipalities with a popu-
lation of 300,000 or more inhabitants."
1978 The lengthy and frequently amended Article 123 concerning
workers and workers' rights was further amended by a decree
published in the Diario Oficial on January 9, 1978. The
amended Article 123(XTT) requires the setting aside of
6
1978
1979
1980
1981
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, the secre-
administrative
on the state
? Chambers may
fs of the ad-
ors and admin-
ies or of the
participation,
cussion or a
spective fields
th of their
f in the case
es to investi-
d enterprises.
ade known to
of Congress to
ded from one
etail the pro-
ies "the exclu-
-eign policy
livities. In
:clusive powers
: conventions
foreign powers."
e Senate's
now expected
the Federal
i which the
cabinet secre-
3rove the
the Executive
ed investigatory
amended text
5, 1977.
icle 115:
ted in each of
uced the system
al legislatures
ation in the
es with a popu-
3 concerning
nded by a decree
9, 1978. The
ng aside of
1978 space for public markets and recreation facilities if more
than 200 workers are employed. It also prohibits the sale
of intoxicating liquors and games of chance in all work
centers. These are not new provisions but rather restate-
ments contained in the previously numbered Article 123(XIII).
A new provision may be found in Article 123(XIII) which ob-
liges enterprises "regardless of their activity" to provide
"training or instruction" for their workers.
The wording of Article 123(XXXI), pertaining to the enactment
of the labor laws, was also amended by a decree published
on January 9. It added to the previously enumerated exclu-
sive jurisdiction of the federal authorities enforcement
in the following manufactures: "basic lumber, including
the manufacture of plywood; glass and bottles and other '
glass containers; tobacco and tobacco products." It also
added to the obligations in educational matters imposed
upon employers "the training and instruction of their
workers, for which federal authorities shall have the assis-
tance of state authorities in matters where the local juris-
diction is involved, as the applicable law may require.''
In August the PRI held a party assembly. It agreed on a new
party statute and adoption of a program which called for
an amendment to the Constitution to guarantee the right to
work and to provide for universal medical care.
1979 On July 1, elections were held for the Chamber of Deputies.
The PRI won 296 of the 300 available seats. One hundred
seats were reserved to the opposition party. The absten-
tion rate was unusually high--over 50% as compared with
38% in 1976.
1980 Article 4 was amended and published on March 18 in the Diario
Oficial. A third paragraph was added which states that
"7T?I-s?the duty of parents to preserve the rights of minors
and to satisfy their needs." The protection to be provided
by public institutions is to be determined by law.
Another amendment to Article 3(VIII) was published on June 9.
This amendment added provisions pertaining to the autonomy
of the universities.
1981 On April 14 the following articles of the Constitution were
amended: 29, 60, 90, 92, 117. English translations of the
amended texts have been added at the end of the translated
text of the Constitution.
The Institutional Revolutionary Party (PRI) announced on
September 25 that Sr. Miguel de la Madrid would be its can-
didate in the presidential elections, scheduled for July
1982.
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1982 Sr. Miguel de la Madrid was easily elected on July 4. Also
elected were 64 senators and 400 deputies. The 74% vote
for the presidential candidate of the PRI was widely ex-
pected. But analysts were somewhat surprised by the 14%
vote for the opposition National Action Party. It was in-
terpreted as an indication of discontent among the middle
classes who had expected greater improvements. Sr. Miguel
de la Madrid will assume the office of President on Decem-
ber 1, 1982, when President Jose Lopez Portillo's term
comes to an end.
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uly 4. Also
he 74% vote
widely ex-
by the 14%
. It was in-
; the middle
. Sr. Miguel
nt on Decem-
lois term
CONSTITUTION
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CONSTITUTION OF MEXICO 1917
(Completely updated, including
amendments of April 14, 1981.)
GENERAL SECRETARIAT
ORGANIZATION OF AMERICAN STATES
WASHINGTON, D.C.
1982
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TITLE I
TABLE OF CONTENTS
Chapter I
" Individual Guarantees
Chapter II
Mexicans
Chapter III
Foreigners
Chapter IV
Mexican Citizens
TITLE II
Chapter I
National Sovereignty and
Form of Government
Chapter II
Integral Parts of the Federation
and of the National Territory
TITLE III
Chapter I
Division of Powers
Chapter II
The Legislative Branch
Section I Election and Installation
of Congress
Section II Introduction and Enactment
of Laws
Section III Power of Congress
Section IV
The Permanent Committee . .
Page
1
26
28
29
31
32
34
34
35
42
45
58
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Page
59
65
80
83
88
100
105
105
105
CONSTITUTION OF MEXICO
TITLE I
Chapter I
Individual Guarantees
Article I. Every person in the United Mexican States
shall enjoy the guarantees granted by this Constitution,
=which cannot be restricted or suspended except in such
cases and under such conditions as are herein provided.
Article 2. Slavery is forbidden in the United Mexican
States. Slaves who enter national territory from abroad
shall, by this act alone, recover their freedom and enjoy
the protection afforded by the laws.
Article 3.1/ The education imparted by the State--Fed-
eration, States, Municipalities--shall be designed to dev:-
elop harmoniously all the faculties of the human being and
shall foster in him at the same time a love of country and
an awareness of international solidarity, in independence
and justice.
I. Freedom of religious beliefs
Article 24, the standard which shall
shall be maintained entirely apart
doctrine and, based on the results of
shall strive against ignorance and its
fanaticism, and prejudices. Moreover:
being guaranteed by
guide such education
from any religious
scientific progress,
effects, servitudes,
a. It shall be democratic, considering democracy not
only as a legal structure and a political regimen,
but as a system of life founded on constant
economic, social, and cultural betterment of the
people;
1/ As amended by decree published in the Diario
Oficial of December 30, 1946.
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t 911 .
4
b. It shall be national insofar as--without hostility
or exclusiveness--it shall achieve the understand-
ing of our problems, the utilization of our
resources, the defense of our political indepen-
dence, the assurance of our economic independence,
and the continuity and growth of our culture; and
c. It shall contribute to better human relationships,
not only with the elements which it contributes
toward strengthening and at the same time incul-
cating, together with respect for the dignity of
the person and the integrity of the family, the
conviction of the general interest of society, but
also by the care which it devotes to the ideals of
brotherhood and equality of rights of all men,
avoiding privileges of race, creed, class, sex, or
persons.
II. Private persons may engage in education of all
kinds and grades. But as regards elementary, secondary,
and normal education, and that of any kind or grade
designed for laborers and field workers, they must pre-
viously obtain, in every case, the express authorization
of the public power. Such authorization may be refused or
revoked by decisions against which there can be no judicial
proceedings or recourse.
III. Private institutions devoted to education of the
kinds and grades specified in the preceding section must be
without exception in conformity with the provisions of sec-
tions I and II of the first paragraph of this article and
must also be in harmony with official curricula.
IV. Religious corporations, ministers of religion,
stock companies which exclusively or predominantly engage
in educational activities, and associations or companies
devoted to propagation of any religious creed shall not in
any way participate in institutions providing elementary,
secondary and normal education and education for laborers
or field workers.
V. The State may at its discretion withdraw at any
time the recognition of official validity of studies con-
ducted in private institutions.
VI. Elementary education shall be mandatory.
VII. All education provided by the State shall be
free.
VIII. '
learning to
authority a
shall reali
diffuse cul
article, ref
the free e)
determine ti
acceptance,
and they sl
tions, for
staff, shall
Constitutior
the Federal
work, in su,
freedom of
institutions
IX. The
and coordin.
enact the n(
of educatior
ipalities, I
for this put
applicable I
the pertiner
cable to all
Article
The law sha
the family.
Every pE
sible and
their child'
It is
minors to s
health. Th
tection of t
1/ As
of Sine 9,
2/ As
37 As
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Constitution of Mexico 3
3stility
erstand-
of our
indepen-
Endence,
E; and
,nships,
ributes
incul-
aity of
Ly, the
cy, but
eals of
1 men,
sex, or
of all
andary,
grade
t pre-
Ization
!zed or
xdjcjai
of the
mst be
f sec-
le and
igion,
engage
?anies
aot in
atary,
lorers
t any
con-
II be
VIII. The universities and other institutions of higher
learning to which the law grants autonomy shall have the
authority and responsibility of governing themselves; they
shall realize their objectives to educate, investigate and
diffuse culture in accordance with the principles of this
article, respecting the freedom of teaching and research and
the free examination and discussion of ideas; they shall
determine their curricula; they shall set the terms for the
acceptance, promotion and tenure of their academic staff;
and they shall administer their endowments. Labor rela-
tions, for both the academic staff and the administrative
staff, shall be governed by section A of Article 123 of this
Constitution, under the terms and practices established by
the Federal Labor Law according to the nature of special
work, in such a way as to be in accord with autonomy, the
freedom of teaching and research, and the objectives of the
institutions to which this paragraph refers.1/
IX. The Congress of the Union, with a view to unifying
and coordinating education throughout the Republic, shall
enact the necessary laws for allocating the social function
of education among the Federation, the State and the Munic-
ipalities, for fixing the appropriate financial allocations
for this public service and for establishing the penalties
applicable to officials who do not comply with or enforce
the pertinent provisions, as well as the penalties appli-
cable to all those who infringe such provisions.
Article 4.2/ Men and women are equal before the law.
The law shall protect the organization and development of
the family.
Every person has the right to decide in a free, respon-
sible and informed manner on the number and spacing of
their children.
It is the duty of parents to preserve the right of
minors to satisfy their needs and to physical and mental
health. The law shall determine the support for the pro-
tection of minors to be given by public institutions.3/
1/ As amended by decree published in the Diario Oficial
of June 9, 1980.
2/ As amended by decree published on December 31, 1974.
3/ As amended by decree published on March 18, 1980.
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Article 5.1/ No person can be prevented from engaging
in the profession, industrial or commercial pursuit or
occupation of his choice, provided it is lawful. The exer-
cise of this liberty shall only be enjoined by judicial
order when the rights of third parties are infringed, or
by administrative order, issued in the manner provided by
law, when the rights of society are violated. No one may
be deprived of the fruits of his labor except by judicial
decision.
The law in each state shall determine the professions
which may be practiced only with a degree, and set forth
the requirements for obtaining it and the authorities
empowered to issue it.
No one can be compelled to render personal services
without due remuneration and without his full consent,
excepting labor imposed as a penalty by the judiciary,
which shall be governed by the provisions of clauses I and
II of Article 123.
Only the following public services shall be compulsory,
subject to the conditions set forth in the respective laws:
military service and jury service as well as the discharge
of the office of municipal councilman and offices of direct
or indirect popular election. Duties in relation to elec-
tions and the census shall be compulsory and unpaid. Pro-
fessional services of a social character shall be compul-
sory and paid according to the provisions of law and with
the exceptions fixed thereby.
The State cannot permit the performance of any contract,
covenant, or agreement having for its object the restric-
tion, loss or irrevocable sacrifice of the individual
freedoms, whether for work, education, or religious vows.
The law, therefore, does not permit the establishment of
monastic orders, whatever be their denominator or purpose.
Likewise, no person can legally agree to his own
proscription or exile, or to the temporary or permanent
renunciation of the exercise of a given profession or
industrial or commercial pursuit.
1/ As amended by decree published in the Diario Of
December 31, 1974.
Al
service
exceed
case ma
any civ
Non
only re
shall i
Art
subject
unless
others,
The rig
Art
on any
establi
ers, ol
limited
morals,
print in
offense
The
be nece
newsboy
ment
denunci
is preN
Art
spect
is mado
but th
by cit
Ev
off ici
bound
within
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engaging
pursuit or
The exer-
yjudicial
ringed, or
rovided by
To one may
/ judicial
7ofessions
set forth
,thorities
services
consent,
;es I and
Tulsory,
ye laws:
ischarge
if direct
zo elec-
t- Pro-
compul-
nd :with
ontract,
estric-
ividual
i vows.
tent of
:pose.
_s own
manent
_on or
Constitution of Mexico 5
A labor contract shall be binding only to render the
services agreed on for the time set by law and may never
exceed one year to the detriment of the worker, and in no
case may it embrace the waiver, loss, or restriction of
any civil or political right.
Noncompliance with such contract by the worker shall
only render him civilly liable for damages, but in no case
shall it imply coercion against his person.
Article 6.1/ The expression of ideas shall not be
subject to any judicial or administrative investigation
unless it offends good morals, infringes the rights of
others, incites to crime, or disturbs the public order.
The right to information shall be guaranteed by the State.
Article 7. Freedom of writing and publishing writings
on any subject is inviolable. No law or authority may
establish censorship, require bonds from authors or print-
ers, or restrict the freedom of printing, which shall be
limited only by the respect due to the right of privacy,
morals, and public peace. Under no circumstances may a
printing press be sequestered as the instrument of the
offense.
The organic laws shall contain whatever provisions may
be necessary to prevent the imprisonment of the vendors,
newsboys, workmen, and other employees of the establish-
ment publishing the work denounced, under pretext of a
denunciation of ?offenses of the press, unless their guilt
is previously established.
Article 8. Public officials and employees shall re-
spect the exercise of the right of petition, provided it
is made in writing and in a peaceful and respectful manner;
but this right may only be exercised in political matters
by citizens of the Republic.
Every petition shall be replied to in writing by the
official to whom it is addressed, and said official is
bound to inform the petitioner of the decision taken
within a brief period.
1/ As amended by decree published in the Diario
Oficial of December 6, 1977.
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ii 6
Constitution of Mexico
Article 9. The right to assemble or associate peace-
ably for any lawful purpose cannot be restricted; but only
citizens of the Republic may do so to take part in the
political affairs of the country. No armed deliberative
meeting is authorized.
No meeting or assembly shall be deemed unlawful which
has for its object the petitioning of any authority or the
presentation of a protest against any act; nor may it be
dissolved, unless insults be proffered against said author-
ity or violence is resorted to, or threats are used to
intimidate or compel such authority to render a favorable
decision.
Article 10.1/ The inhabitants of the United Mexican
States are entitled to have arms in their possession in
their homes for their protection and legitimate defense,
except such as are expressly forbidden by law, or which
the nation may reserve for the exclusive use of the army,
navy, air force or national guard. Federal law shall
determine the cases, conditions, requirements and places
in which inhabitants may be authorized to carry arms.
Article 11. Everyone has the right to enter and leave
the Republic, to travel through its territory and to change
his residence without necessity of a letter of security,
passport, safe-conduct or any other similar requirement.
The exercise of this right shall be subordinated to the
powers of the judiciary, in cases of civil or criminal
liability, and to those of the administrative authorities
insofar as concerns the limitations imposed by the laws
regarding emigration, immigration and public health of the
country, or in regard to undesirable aliens resident in
the country.
Article 12. No titles of nobility, or hereditary pre-
rogatives or honors shall be granted in the United Mexican
States, nor shall any effect be given to those granted by
other countries.
Article 13. No one may be tried according to private
laws or by special tribunals. No person or corporate body
shall have privileges or enjoy emoluments other than those
1/ As amended by decreed published in the Diario Ofi-
cial of October 22, 1971.
given in (
by law. N
trial of (
tary disc
case have
the army.
crime or
deal with
Artie:
to the del
No pei
possessiot
court in
, observed ,
act.
In cr
analogy c
decreed
in questic
In ci
- to the le
in the al
- . general pi
Articl
extraditic
common cr
the offer
treaty be
guarantee;
the indiv:
Artic
family, d
of a writ
legal grc
order of
person ot
unless sz
plaint cc
finement,
affidavit
guilt of
person 121
turning t
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sommer77--
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ate peace-
; but only
rt in the
liberative
rful which
.ty or the
may it be
A author-
used to
favorable
2 Mexican
ssion in
defense,
or which
:he army,
iw shall
i places
ad leave
a change
.a,curity,
irement.
to the
:riminal'
orities
e laws
of the
:ent in
7 pre-
exicaa
ed by
7ivate
body
those
Ofi-
4.?
Constitution of Mexico 7
given in compensation for public services and which are set
by law. Military jurisdiction shall be recognized for the
trial of crimes or offenses against any violation of mili-
tary discipline, but the military tribunals shall in no
case have jurisdiction over persons who do not belong to
the army. Whenever a civilian is implicated in a military
crime or violation, the respective civil authority shall
deal with the case.
Article 14. No law shall be given retroactive effect
to the detriment of any person whatsoever.
No person shall be deprived of life, liberty, property,
possessions, or rights without a trial by a duly created
court in which the essential formalities of procedure are
observed and in accordance with laws issued prior to the
act.
In criminal cases no penalty shall be imposed by mere
analogy or by majority opinion. The penalty must be
decreed in a law in every respect applicable to the crime
in question.
In civil suits the final judgment shall be according_
to the letter or the juridical interpretation of the law;
in the absence of the latter it shall be based on the
general principles of law.
Article 15. No treaty shall be authorized. for the
extradition of political offenders or of offenders of
common crimes who have been slaves in the country where
the offense was committed. Nor shall any agreement or
treaty be entered into which restricts or modifies the
guarantees and rights which this Constitution grants to
the individual and to the citizen.
Article 16. No one shall be molested in his person,
family, domicile, papers, or possessions except by virtue
of a written order of the competent authority stating the
legal grounds and justification for the action taken. No
order of arrest or detention shall be issued against any
person other than by the competent judicial authority, and
unless same is preceded by a charge, accusation, or com-
plaint concerning a specific act punishable by law by con-
finement, made by a credible party, supported by a-sworn
affidavit or by other evidence indicating the probable
guilt of the accused; in cases of flagrante delicto, any
person may arrest the offender and his accomplices,
turning them over without delay to the nearest authorities.
r),,4
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Constitution of Mexico
I
I
Only in urgent cases instituted by the public attorney
without previous complaint or indictment and when there is
no judicial authority available may the administrative
authorities, on their strictest accountability, order the
detention of an accused person, turning him over imme-
diately to the judicial authorities. Every search warrant,
which can be issued only by judicial authority and which
must be in writing, shall specify the place to be searched,
the person or persons to be arrested, and the objects
sought, the proceedings to be limited thereto, at the con-
clusion of which a detailed statement shall be drawn up in
the presence of two witnesses proposed by the occupant of
the place searched, or by the official making the search
in his absence or should he refuse to do so.
Administrative officials may enter private homes for
the sole purpose of ascertaining whether the sanitary and
police regulations have been complied with, and may demand
to be shown the books and documents required to prove com-
pliance with fiscal rules, in which latter cases they must
abide by the provisions of the respective laws and be
subject to the formalities prescribed for cases of search.
Article 17. No one may be imprisoned for debts of a
purely civil nature. No one may take the law into his own
hands, or resort to violence in the enforcement of his
rights. The courts shall be open for the administration
of justice at such times and under such conditions as the
law may establish; their services shall be gratuitous and
all judicial costs are, accordingly, prohibited.
Article 18.1/ Preventive custody is permissible only
for offenses punishable by imprisonment. The place of
detention shall be completely separate from the place used
for the serving of sentences.
The feder41 and state governments shall organize the
penal system within their respective jurisdictions on the
basis of labor, training, and education as a means of
social readjustment of the offender. Women shall serve
their sentences in places separate from those intended for
men for the same purpose.
1/ As amended by decree published in the Diario Ofi-
cial of February 23, 1965.
COVE
respect]
nature i
convicts
establis
The
establis
nile del
OffE
tence it
lic to
rehabili
offender
crimes N
Federal
origin (
treaties
governor
laws,
offender
may be n
Arti
out a f
offense
thereof;
sion; a!
examinat
the cot]
All autl
as well
who exe
provisic
The
offense!
Should
that ar
been c(
This, 1
proceed
1/
entered
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Constitution of Mexico 9
ic attorney
en there is
linistrative
, order the
over imme-
ch warrant,
- and which
e searched,
he objects
It the con-
frawn up in
)ccupant of
the search
homes for
aitary and
may demand
prove corn-
they must
is and be
f search.
ebts of a
:o his own
'it of his
'1st ration
as as the
itous and
ible only
place of
lace used
nize the
S on the
means of
11 serve
nded for
io Ofi-
Governors of States, subject to the provisions of the
respective local laws, may conclude agreements of a general
nature with the federal government, under which offenders
convicted for common offenses may serve their sentence in
establishments maintained by the branch executive.
The federal government and the state governments shall
establish special institutions for the treatment of juve-
nile delinquents.
Offenders of Mexican nationality who are serving sen-
tence in foreign countries may be transferred to the Repub-
lic to continue their confinement according to the social
rehabilitation systems provided for in this article, and
offenders of foreign nationality sentenced for federal
crimes within the Republic, or for crimes committed in the
Federal District, may be transferred to their country of
origin or residence under the terms of the international
treaties that have been concluded for that effect. State
governors may, with the support of the pertinent local
laws, request the Federal Executive to include common
offenders in such treaties. The transfer of such offenders
may be made only with their express consent.!!
Article 19. No detention shall exceed three days with-
out a formal order of commitment, which shall state the
offense with which the accused is charged; the elements
thereof; the place, time and circumstances of its commis-
sion; and the facts brought to light in the preliminary
examination. These facts must be sufficient to establish
the corpus delicti and the probable guilt of the accused.
All authorities who order a detention or consent thereto,
as well as all agents, subordinates, wardens, or jailers
who execute it, shall be liable for any breach of this
provision.
The trial shall take place only for the offense or
offenses set forth in the formal order of commitment.
Should it develop, during the course of the proceedings,
that another offense, different from that charged, has
been committed, a separate accusation must be brought.
This, however, shall not prevent the joinder of both
proceedings, if applicable.
1/ Added by decree published on February 4, 1977 and
entered into force on the following day.
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10 Constitution of Mexico
Any ill-treatment during arrest or confinement, any
molesting without legal justification, any exaction or
contribution levied in prison are abuses which shall be
punishable by law and repressed by the authorities.
shall
the pe
are to
VI,
Article 20. In every criminal trial the accused shall or jur
enjoy the following guarantees: residet
committ
I. He shall be freed on demand and on furnishing bail one yE
which shall be fixed by the judge, according to his status entitlE
and the gravity of the offense with which he is charged, means c
provided, however, that such offense is not punishable with domesti
more than five years' imprisonment. No requisites shall
be necessary other than placing the stipulated sum at the
disposal of the proper authorities or giving adequate
security or personal bond for acceptance of which the judge
is responsible.
The security or bond shall be not more than 250,000
pesos except for offenses by which the offender profits or
the victim suffers financially; for such offenses the
security shall be at least three times the amount of the
profit obtained or the damage suffered.!!
II. He may not be forced to be a witness against him-
self; wherefore isolation or other means tending to this
end is strictly prohibited.
III. He shall be publicly notified within forty-eight
hours after being turned over to the judicial authorities
of the name of his accuser and the nature of and cause for
the accusation, so that he may be familiar with the offense
with which he is charged, and reply thereto and make a
preliminary statement.
IV. He shall be confronted with the witnesses against
him, who shall testify in his presence if they are to be
found in the place where the trial is held, so that he may
cross-examine them in his defense.
V. All witnesses and other evidence which he may offer
shall be heard in his defense, for which he shall be given
the time which the law deems necessary for the purpose; he
1/ As amended by decree published in the Diario Ofi-
cial of December 2, 1948.
VI]
record
VI)
With al
years'
penalt)
IX.
persons
Should
counsel
choose
does nc
being c
examina
defense
upon at
every E
him apr
X.
extende
other
or for
NO3
law as
Thi
the te]
Arl
exclus
offensi
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t`61;
-meat, any
_action or
shall be
S.
used shall
shing bail
his status
s charged,
hable with
_tes shall
;um at the
adequate
the judge
El2 250,000
arofits or
eases the
at of the
ainst him-
g to this
3rty-eight
Ithorities
cause for
Ile offense
id make a
.1s against
are to be
lat he may
may offer
? be given
irpose; he
_ario Ofi-
Constitution of Mexico 11
shall furthermore be assisted in securing the presence of
the persons whose testimony ?he may request, provided they
are to be found at the place where the trial is held.
VI. He shall be entitled to a public trial by a judge
oz jury of citizens who can read and write and are also
residents of the place and district where the offense was
committed, provided the penalty for such offense exceeds
one year's imprisonment. The accused shall always be
entitled to a trial by jury for all offenses committed by
means of the press against the public peace or against the
domestic or foreign safety of the nation.
VII. He shall be furnished with all information on
record which he may request for his defense.
VIII. He shall be tried within four months, if charged
- with an offense whose maximum penalty does not exceed two
years' imprisonment; and within one year, if the maximum
,penalty is greater.
IX. He shall be heard in his own defense, either
personally or by counsel, or by both, as he may desire.
, Should he have no one to defend him, a list of official
.* counsel shall be submitted to him, in order that he may
choose one or more to act in his defense. If the accused
does not wish to appoint any counsel for his defense, after
being called. upon to do so at the time of his preliminary
examination, the court shall appoint his counsel for the
defense. The accused may appoint his counsel immediately
upon arrest, and shall be entitled to have him present at
every stage of the trial; but he shall be obliged to make
him appear as often as required by the court.
X. In no event may imprisonment or detention be
extended through failure to pay counsel fees or for any
other monetary obligation, on account of civil liability,
or for other similar cause.
Nor shall detention be extended beyond the time set by
law as the maximum for the offense charged.
The period of detention shall be included as a part of
the term of imprisonment imposed by sentence.
Article 21. The imposition of all penalties is an
exclusive attribute of the judiciary. The prosecution of
offenses pertains to the public prosecutor and to the
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12
Constitution of Mexico
judicial police, who shall be under the immediate command
and authority of the public prosecutor. The punishment of
violations of governmental and police regulations pertains
to the administrative authorities, which punishment shall
consist solely of imprisonment for a period not exceeding
thirty-six hours or of a fine. Should the offender fail to
pay the fine, it shall be substituted by a corresponding
period of detention, which in no case may exceed fifteen
days.
If the offender is a day laborer or a workman, his
punishment cannot consist of a fine exceeding the amount
of his wages, for one week.
Article 22. Punishment by mutilation and infamy,
branding, flogging, beating with sticks, torture of any
kind, excessive fines, confiscation of property and any
other unusual or extreme penalties are prohibited.
Attachment proceedings covering the whole or part of
the property of a person made under judicial authority to
cover payment of civil liability arising out of the com-
mission of an offense or for the payment of taxes or fines
shall not be deemed a confiscation of property.
Capital punishment for political offenses is likewise
prohibited; as regards other offenses, it can only be
imposed for high treason committed during a foreign war,
parricide, murder that is treacherous, premeditated, or
committed for profit, arson, abduction, highway robbery,
piracy, and grave military offenses.
Article 23. No criminal trial shall have more than
three instances. No person, whether acquitted or con-
victed, can be tried twice for the same offense. The
practice of absolving from the instance 1/ is prohibited.
1/ In Spanish law, when the evidence was inconclusive,
the matter could be disposed of by an order of absoluci6n
de la instancia, which operated as a dismissal but not as
a judgment for or against either party in a civil case, or
as an acquittal or conviction in a criminal case. Hence,
upon discovery of more evidence the case might be revived.
Similar to the Scotch verdict of not proved, and to the
Roman non liquet (it does not appear clear). Diccionario
Escriche.
. Arti
of his ,
or obser
of publ
constitu
Ever
strictly
all time
Arti,
Mail sha
punishab
? Arti4
peace be
of the o
In time
provisiol
in the r(
Artic
the bou)
original]
right t(
thereby c
Priva.
' reasons c
The I
on privat
may demal
tion of
priation,
equitabl(
balanced
living c,
this end
divide u
holdings
with nec
in genet
sources,
ment of
either h
in suffi
ants, sl
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diate command
punishment of
:ions pertains
:ishment shall
not exceeding
fender fail to
corresponding
xceed fifteen
workman, his .
the amount
and infamy,
rture of any
erty and any
ted.
a or part of
authority to
of the com-
ixes or fines
is likewise
can only be
foreign war,
editated, or
way robbery,
-e more than
ted or con-
ffense. The
rohibited.
nconclusive,
f absolucion
but not as
vii case, or
Ise. Hence,
be revived.
and to the
Diccionario
Constitution of Mexico 13
' Article 24. Everyone is free to embrace the religion
of his choice and to practice all ceremonies, devotions,
or observances of his respective faith, either in places
of, public worship or at home, provided they do not
constitute an offense punishable by law.
' Every religious act of public worship must be performed
strictly inside places of public worship, which shall at
all times be under governmental supervision.
Article 25. Sealed correspondence sent through the
mail shall be exempt from search and its violation shall be
punishable by law.
Article 26. No member of the army shall in time of
peace be quartered in private dwellings without the consent
of the owner, nor may he impose any obligation whatsoever.
In time of war the military may demand lodging, equipment,
provisions, and other assistance, in the manner laid down
in the respective martial law.
. Article 27. Ownership of the lands and waters within
the boundaries of the national territory is vested
originally in the Nation, which has had, and has, the
right to transfer title thereof to private persons,
thereby constituting private property.
Private property shall not be expropriated except for
? reasons of public use and subject to payment of indemnity.
The Nation shall at all times have the right to impose
on private property such limitations as the public interest
may demand, as well as the right to regulate the utiliza-
tion of natural resources which are s-,ceptible of appro-
priation, in order to conserve them to ensure a more
equitable distribution of public wealth, to attain a well-
balanced development of the country and improvement of the
living conditions of the rural and urban population. With
this end in view, necessary measures shall be taken to
divide ?up large landed estates; to develop small landed
holdings in operation; to create new agricultural centers,
with necessary lands and waters; to encourage agriculture
in general and to prevent the destruction of natural re-
sources, and to protect property from damage to the detri-
ment of society. Centers of population which at present
either have no lands or water or which do not possess them
in sufficient quantities for the needs of their inhabit-
ants, shall be entitled to grants thereof, which shall be
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14 Constitution Of Mexico
taken from adjacent properties, the rights of small landed
holdings in operation being respected at all times.
In the Nation is vested the direct ownership of all
natural resources of the continental shelf and the sub-
marine shelf of the islands; of all minerals or substances,
which in veins, ledges, masses or ore pockets, form depos-
its of a nature distinct from the components of the earth
itself, such as the minerals from which industrial metals
and metalloids are extracted; deposits of precious stones,
rocksalt and the deposits of salt formed by sea water;
products derived from the decomposition of rocks, when sub-
terranean works are required for their extraction; mineral
or organic deposits of materials susceptible of utilization
as fertilizers; solid mineral fuels; petroleum and all
solid, liquid, and gaseous hydrocarbons; and the space
above the national territory to the extent and within the
terms fixed by international law.!/
In the Nation is likewise vested the ownership of the
waters of the territorial seas, within the limits and terms
fixed by international law; inland marine waters; those of
lagoons and estuaries permanently or intermittently con-
nected with the sea; those of natural, inland lakes which
are directly connected with streams having a constant flow;
those of rivers and their direct or indirect tributaries
from the point in their source where the first permanent,
intermittent, or torrential waters begin, to their mouth in
the sea, or a lake, lagoon, or estuary forming a part of
the public domain; those of constant or intermittent
streams and their direct or indirect tributaries, whenever
the bed of the stream, throughout the whole or a part of
its length, serves as a boundary of the national territory
or of two federal divisions, or if it flows from one
federal division to another or crosses the boundary line
of the Republic; those of lakes, lagoons, or estuaries
whose basins, zones, or shores are crossed by the boundary
lines of two or more divisions or by the boundary line of
the Republic and a neighboring country or when the shore-
line serves as the boundary between two federal divisions
or of the Republic and a neighboring country; those of
springs that issue from beaches, maritime areas, the beds,
basins, or shores of lakes, lagoons, or estuaries in the
1/ As amended by decree published in the Diario Ofi-
cial of January 20, 1960.
at
-channels
'7:1Warea
the surf
%owner, t
4thers i
.7eitracti
r:areas, t
_public d
? going er
the prop
?deposite
?ties, th
use, and
:i1j. In t
;Iefer, c
eikriptib
ihe reso
organize?
'except t
tive, in
14 law.
tation o
;i4. fourth' p
riohat is ,
.into eff
1-dessions
rto estab
1!,:rdeclarat
tive ?n
,
the case
carbons
tracts w
continue
of these
cated in
a functi
distribu
for pub]
1/
cial-of
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lancled
f
all
sub-
iaces,
epo s -
earth
:eta Is
aoes,
ater;
sub-
aeral
ation
all
space
/ the
the
:eirms
ze of
con-
;filch
acmq
-ries
ent,
"hi in
t of
:eat
ever
: of
:ory
one
_J
-
oe
Hes
-lazy
of
3re-
ns
of
the
fi-
Constitution of Mexico 15
national domain; and waters extracted from mines and the
channels, beds, or shores of interior lakes and streams in
an area fixed by law. Underground waters may be brought to
the surface by artificial works and utilized by the surface
owner, but if the public interest so requires or use by
others is affected, the Federal Executive may regulate its
extraction and utilization, and even establish prohibited
areas, the same as may be done with other waters in the
public domain. Any other waters not included in the fore-
going enumeration shall be considered an integral part of
the proper*y through which they flow or in which they are
deposited, but if they are located in wo or more proper-
ties, their utilization shall be deemed a matter of public
use, and shall be subject to laws enacted by the States.!!
In those cases to which the two preceding paragraphs
refer, ownership by the Nation is inalienable and impre-
scriptible, and the exploitation, use, or appropriation of
the resources concerned, by private persons or by companies
organized according to Mexican laws, may not be undertaken
except through concessions granted by the Federal Execu-
tive, in accordance with rules and conditions established
by law. The legal rules relating to the working or exploi-
tation of the minerals and substances referred to in the
fourth paragraph shall govern the execution and proofs of
what is carried out or should be carried out after they go
into effect, independent of the date of granting the con-
cessiOfts, and their nonobservance will be grounds for can-
cellation thereof. The Federal Government has the power
to establish national reserves and to abolish them. The
declarations pertaining thereto shall be made by the Execu-
tive .;_n those cases and conditions prescribed by law. In
the case of petroleum, and solid, liquid, or gaseous hydro-
carbons or radioactive minerals, no concessions or con-
tracts will be granted nor may those that have been granted
continue, and the Nation shall carry out the exploitation
of these products, in accordance with the provisions indi-
cated in the respective regulatory law. It is exclusively
a function of the Nation to generate, conduct, transform,
distribute, and supply electric power which is to be used
for public service. No concessions for this purpose will
1/ As amended by decrees published in the Diario Ofi-
cial of April 21, 1945 and January 20, 1960.
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Ii .1111'tr"
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Constitution of Mexico
be granted to private persons and the Nation will make use
of the property and natural resources which are required
for these ends.!!
The use of nuclear fuels for the generation of nuclear
energy and the regulation of its application to other pur-
poses is also a function of the Nation. Nuclear energy
may be used only for peaceful purposes.2/
The Nation exercises in an exclusive economic zone
situated outside the territorial sea and adjacent thereto
the rights of sovereignty and jurisdiction as determined
by the laws of the Congress. The exclusive economic zone
shall extend two hundred nautical miles, measured from the
base line from which the territorial sea is measured. In
those cases in which that extension results in a superposi-
tion on the exclusive economic zones of other States, the
delimitation of the respective zones shall be made as this
becomes necessary, by agreement with those States.3/
Legal capacity to acquire ownership of lands and
waters of the Nation shall be governed by the following
provisions:
1.4/ Only Mexicans by birth or naturalization and
Mexican companies have the right to acquire ownership of
lands, waters, and their appurtenances, or to obtain con-
cessions for the exploitation of mines or waters. The
State may grant the same right to foreigners, provided they
agree before the Ministry of Foreign Affairs to consider
themselves as nationals in respect to such property, and
bind themselves not to invoke the protection of their gov-
ernments in matters relating thereto; under penalty, in
case of noncompliance with this agreement, of forfeiture
of the acquired property to the Nation. Under no circum-
stances may foreigners acquired direct ownership of lands
1/ As amended by decree published in the Diario Ofi-
cial of January 20, 1960, and by declaration published on
February 6, 1975.
2/ Paragraph added by declaration published on
February 6, 1975.
3/ Paragraph added by d2cree published on February 6,
1976.
4/ As amended by decree published on January 6, 1960.
or wat,
the frc
the cot
ThE
intereE
discret
foreigr
Federal
sary
tions.]
less 01
real pr
at preE
revert
to den
shall
foundec
Nation,
shall c
their
asylum:
vents,
adminiE
creed !
operati
servicE
respect
hereaft
II
the re
re sear
bers,
more r
and in
acquir
provid
no cil
1/
Oficia
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make use
t required
f nuclear
:her pur-
er energy
mix zone
: thereto
atermined
mic zone
from the
red. In
?erposi-
:es, the
as this
Nis and
'flowing
on and
;hip of
in con-
The
ad they
Insider
Y. and
r g011-
-4,, in
eiture
ircum-
lauds
Ofi-
ed on
Constitution of Mexico 17
or waters within a zone of one hundred kilometers along
the frontiers and of fifty kilometers along the shores of
the country.
The State, in accordance with its internal public
'interests and with principles of reciprocity, may in the
discretion of the Secretariat of Foreign Affairs authorize
foreign states to acquire, at the permanent sites of the
Federal Powers, private ownership of real property neces-
sary for the direct services of their embassies or lega-
tions.1/
76,
)60.
II. Religious institutions known as churchLs, regard-
less of creed, may in no case acquire, hold, or administer
real property or hold mortgages thereon; such property held
at present either directly or through an intermediary shall
revert to the Nation, any person whosoever being authorized
to denounce any property so held. Presumptive evidence
shall be sufficient to declare the denunciation well
founded. Places of public worship are the property of the
Nation, as represented by the Federal Government, which
shall determine which of them may continue to be devoted to
their present purposes. Bishoprics, rectories, seminaries,
asylums, and schools belonging to religious orders, con-
vents, or any other buildings built or intended for the
administration, propagation, or teaching of a religious
creed shall therefore become the property of the Nation by
operation of law, to be used exclusively for the public
services of the Federal or State Governments, within their
respective jurisdictions. All places of public worship
hereafter erected shall be the property of the Nation.
III. Public or private charitable institutions for
the rendering of assistance to the needy, for scientific
research, the diffusion of knowledge, mutual aid to mem-
bers, or for any other lawful purpose, may not acquire
more real property than actually needed for their purpose
and immediately and directly devoted thereto; but they may
acquire, hold, or administer mortgages on real property
provided the term thereof does not exceed ten years. Under
no circumstances may institutions of this kind be under
1/ Paragraph added by decree published in the Diario
Oficial of November 9, 1940.
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18 Constitution of Mexico
the patronage, direction, administration, charge, or super- tax offices
vision of religious orders or institutions, or of ministers declared by
of any religious sect or of their followers, even though
paid taxes
the former or the latter may not be in active service, of such pr.)
tion which
IV. Commercial stock companies may not acquire, hold portion of
or administer rural properties. Companies of this kind of experts
that are organized to operate any manufacturing, mining, shall be f,
or petroleum industry or for any other purpose that is not not recorde
agricultural, may acquire, hold, or administer lands only
of an area that is strictly necessary for their buildings The in
or services, and this area shall be fixed in each par- by virtue
ticular case by the Federal or State Executive. effective
ceedings a
V. Banks duly authorized to operate in accordance render a
with the laws on credit institutions may hold mortgages on administrat
urban and rural property in conformity with the provisions occupy, adi
of such laws but they may not own or administer more real in questio
property than is actually necessary for their direct may the a,
purpose. final deci!
VI.1/ With the exception of the corporate entities VII.1/
referred to in clauses III, IV, and V hereof, and the in fact,
centers of population which by law or in fact possess a capacity t
communal status or centers that have received grants or and waters
restitutions or have been organized as centers of agri- restored t,
cultural population, no other civil corporate entity may
hold or administer real property or hold mortgages thereon, All qt.
with the sole exception of the buildings intended imme- the bounds
diately and directly for the purposes of the institution, that may
The States, the Federal District, and all Municipalities population
in the Republic shall have full legal capacity to acquire Federal E.
and hold all the real property needed to render public versies al
services. If the l?
shall tak,
The federal and state laws, within their respective irrevocabl
jurisdictions, shall determine in what cases the occupation or partie
of private property shall be considered to be of public the Natio
utility; and in accordance with such laws, the administra- the presic
tive authorities shall issue the respective declaration.
The amount fixed as compensation for the expropriated prop- The 1
erty shall be based on the value recorded in assessment or settling ,
1/ As amended by decree published in the Diario Ofi-
cial of October 8, 1974.
1/
Oficial to
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?
or super-
ministers
an though
ice.
ire, hold
:his kind
mining,
it is not
nds only
3uildings
ach par-
cordance
gages on
-ovisions
.ore real
- direct
entities
and the
)ssess a
7ants or
agri-
ity may
:hereon,
d imme-
itution.
lalities
acquire
public
pective
upat ion
public
nistra-
ration.
d prop-
ment or
o Ofi-
Constitution of Mexico 19
tax offices for tax purposes, whether this value had been
declared by the owner or tacitly accepted by him by having
paid taxes on that basis. The increased or decreased value
of. such private property due to improvements or deprecia-
tion which occurred after such assessment is the only
portion of the value that shall be subject to the decision
of experts and judicial proceedings. This same procedure
shall be followed in the case of property whose value is
not recorded in the tax offices.
The institution of actions pertaining to the Nation
by virtue of the provisions of this article shall be made
effective by judicial procedure, but during these pro-
ceedings and by order of the proper courts, which must
render a decision within a maximum of one month, the
administrative authorities shall proceed without delay to
occupy, administer, auction, or sell the lands and waters
in question and all their appurtenances, and in no case
may the acts of such authorities be set aside until a
final decision has been rendered.
VII.1/ The centers of population which, by law or
in fact, possess a communal status shall have legal
capacity to enjoy common possession of the lands, forests,
and waters belonging to them or which have been or may be
restored to them.
All questions, regardless of their origin, concerning
the boundaries of communal lands, which are now pending or
that may arise hereafter between two or more centers of
population, are matters of federal jurisdiction. The
Federal Executive shall take cognizance of such contro-
versies and propose a solution to the interested parties.
If the latter agree thereto, the proposal of the Executive
shall take full effect as a final decision and shall be
irrevocable; should they not be in conformity, the party
or parties may resort to the Supreme Court of Justice of
the Nation, without prejudice to immediate enforcement of
the presidential proposal.
The law shall specify the brief procedure to which the
settling of such controversies shall conform.
As amended by decree published in the Diario
Oficial of December 6, 1937.
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II
H
20 Constitution of Mexico
VIII. The following are declared null and void:
a. All transfers of the lands, waters, and forests of
villages, rancherfas, groups, or communities made
by local officials (jefes politicos), state gover-
nors, or other local authorities in violation of
the provisions of the Law of June 25, 1856, and
other related laws and regulations;
b. All concessions, deals or sales of lands, waters,
and forests made by the Secretariat of Development,
the Secretariat of Finance, or any other federal
authority from December 1, 1876 to date, which
encroach upon or illegally occupy communal lands
(ejidos), lands allotted in common, or lands of
any other kind belonging to villages, rancherfas,
groups or communities, and centers of population;
c. All survey or demarcation-of-boundary proceedings,
transfers, alienations, or auction sales effected
during the period of time referred to in the
preceding subparagraph, by companies, judges, or
other federal or state authorities entailing
encroachments on or illegal occupation of the
lands, waters, or forests of communal holdings
(ejidos), lands held in common, or other holdings
belonging to centers of population.
The sole exception to the aforesaid nullification shall
be the lands to which title has been granted in allotments
made in conformity with the Law of June 25, 1856, held by
persons in their own name for more than ten years and
having an area of not more than fifty hectares.
IX. Division or allotments of land among the inhabit-
ants of a given center of population which, although
apparently legitimate are not so, due to a mistake or
defect, may be annulled at the request of three fourths of
the residents holding one fourth so divided, or one fourth
of such residents holding three fourths of the lands.
X. Centers of population which lack communal lands
(ejidos) or which are unable to have them restored to them
due to lack of titles, impossibility of identification, or
because they had been legally transferred, shall be granted
sufficient lands and waters to constitute them, in accord-
ance with the needs of the population; but in no case
shall they fail to be granted the area needed, and for this
purpose
expense
adjoin].
The
after t
land, c
types
sectior
XI.
this a
the fo"
a.
b.
c.
the
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)id:
forests of
ities made
ate gover-
31ation of
1856, and
3, waters,
velopment,
,r federal
:e, which
nal lands
lands. of
,acherfas,
.lation;
ceedings,
effected
1 in the
Ages, or
entailing
of the
holdings
holdings
_oft shall
_Iotments
held by
ars and
inhabit-
, although
, take or
1 Irths of
1 fourth
3.
1 lands
to them
ion, or
granted
accord-
lo case
ar this
Constitution of Mexico 21
purpose the land needed shall be expropriated, at the
expense of the Federal Government, to be taken from lands
adjoining the villages in question.
The area or individual unit of the grant shall here-
after be not less than ten hectares of moist or irrigated
land, or in default of such land its equivalent in other
types of land in accordance with the third paragraph of
section XV of this article.1/
XI. For the purpose of carrying out the provisions of
this article and of regulating laws that. may be enacted,
the following are established.
a. A direct agency of the Federal Executive en-
trusted with the application and enforcement of
the agrarian laws;
b. An advisory board composed of five persons which
shall be appointed by the President of the
Republic and who shall perform the functions
specified in the organic laws;
c.2/ A mixed commission composed of an equal number
of representative of the Federal Government, the
local governments, and a representative of the
peasants, to be appointed in the manner set forth
in the respective regulating law, to function in
each ?state and in the Federal District, with the
powers and duties set forth in the organic and
regulatory laws;
d. Private executive committees for each of the
centers of population that are concerned with
agrarian cases;
e. A communal office (comisariado ejidal) ?for each
of the centers of population that possess
communal lands (ejidos).
1/ This paragraph was added by decree published in
the Diana Oficial of February 12, 1947.
2/ As amended by decree published on October 8,, 1974.
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XII. Petitions for a restitution or grant of lands or
waters shall be submitted directly to the State governors.1/
The governors shall refer the petitions to the mixed
commissions, which shall study the cases during a fixed
period of time and render a report; the State governors
shall approve or modify the report of the mixed commission
and issue orders that immediate possession be given to
areas which they deem proper. The case shall then be
turned over to the Federal Executive for decision.
Whenever the governors fail to comply with the pro-
visions of the preceding paragraph, within the peremptory
period of time fixed by law, the report of the mixed com-
mission shall be deemed rejected and the case shall be
referred immediately to the Federal Executive.
Inversely, whenever a mixed commission fails to render
a report during the peremptory time limit, the governor
shall be empowered to grant possession of the area of land
he deems appropriate.
XIII. The agency of the Executive and the Agrarian
Advisory Board shall report on the approval, rectification,
or modification of the reports submitted by the mixed com-
missions, containing the changes made therein by the local
governments, and so notify the President of the Republic,
who as the supreme agrarian authority will render a
decision.
XIV.2/ Landowners affected by decisions granting or
restoring communal lands and waters to villages, or who may
be affected by future decisions, shall have no right or
ordinary legal recourse and cannot institute amparo
proceedings.
Persons affected by such decisions shall have solely
the right to apply to the, Federal Government for payment
of the corresponding indemnity. This right must be exer-
cised by the interested parties within one year from the
date of publication of the respective resolution in the
1/ As amended by decree published in the Diario Ofi-
cial of October 8, 1974.
2/ As amended by decree published on February 12,
. 1947.
Diario
is admit
Own(
properti
there m
affectat
illegal
waters.
XV.]
any oth
cannot
properti
violatic
affect t
Smal
exceed (
gated 1
under cu
To (
land sh(
as four
of montE
Alsc
exceedir
age sus(
tares o
fluvial
tivatiot
coffee,
quinine,
Sma
ing the
of larg
smaller
in acca
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ands or
rrors.1/
nixed
_ fixed
7ernors
miS sion
Ten to
nen be
?ro-
,nprory
com-
sil be
render
ter-nor
f land
rarian
orlon,
corn-
local
iblic,
ier a
or
Xt ;may
.nt or
mrparo
cznent
exer-
al the.
the
of i-
- 12,
Constitution. of Mexico 23
Diario Oficial. After this period has elapsed, no claim
is admissible.
Owners or occupants of agricultural or stockraising
properties in operation who have been issued or to whom
there may be issued in the future certificates of non-
affectability may institute amparo proceedings against any
illegal deprivation or agrarian claims on their lands or
waters.
XV.!! The mixed commissions, the local governments and
any other authorities charged with agrarian proceedings
cannot in any case affect small agricultural or livestock
properties in operation and they shall incur liability for
violations of the Constitution if they make grants which
affect them.
Small agricultural property is that which does not
exceed one hundred hectares of first-class moist or irri-
gated land or its equivalent in other classes of land,
under cultivation.
To determine this equivalence one hectare of irrigated
land shall be computed as two hectares of seasonal land;
as four of good quality pasturage (agostadero) and as eight
of monte (scrub land) or arid pasturage.
Also to be considered as small holdings are areas not
exceeding two hundred hectares of seasonal lands or pastur-
age susceptible of cultivation; or one hundred fifty hec-
tares of land used for cotton growing if irrigated from
fluvial canals or by pumping; or three hundred, under cul-
tivation, when used for producing bananas, sugar cane,
coffee, henequen, rubber, coconuts, grapes, olives,
quinine, vanilla, cacao, or fruit trees.
Small holdings for stockraising are lands not exceed-
ing the area necessary to maintain up to five hundred head
of large livestock* (ganado mayor) or its equivalent in
smaller animals** (ganado menor) under provisions of law,
in accordance with the forage capacity of the lands.
* Cattle, horses, oxen.
** Sheep, goats, pigs.
1/ As amended by decree published in the Diario Of
February 12, 1947. .
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f s
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24 Constitution of Mexico
Whenever, due to irrigation or drainage works or any
other works executed by the owners or occupants of a small
holding to whom a certificate of nonaffectability has been
issued, the quality of the land is improved for agricul-
tural or stockraising operations, such holding shall not be
subject to agrarian appropriation even if, by virtue of the
improvements made, the maximums indicated in this section
are lowered, provided that the requirements fixed by law
are met.
XVI. Lands which are subject to individual adjudica-
tion must be partitioned precisely at the time the presi-
dential order is executed, according to regulatory laws.
XVII. The Federal Congress and the State Legis-
latures, within their respective jurisdictions, shall enact
laws to fix the maximum area of rural property, and to
carry out the subdivision of the excess lands, in accord-
ance with the following bases:
a.1/ In each State and in the Federal District there
shall be fixed a maximum area of land of which a
single individual or legally constituted company
may be the owner;
b. The excess over the fixed area shall be sub-
divided by the owner within the time fixed by the
local law, and these parcels shall be offered for
sale under terms approved by the governments, in
accordance with the aforementioned laws;
C.
If the owner should oppose the subdivision, it
shall be carried out by the local government, by
expropriation;
d. The value of the parcels shall be paid by annual
installments which will amortize principal and
interest, at an interest rate not exceeding 37.
per annum;
e. Owners shall be required to receive bonds of the
local Agrarian Debt to guarantee payment for the
property expropriated. For this purpose, the
Federal Congress shall enact a law empowering
the States to create their Agrarian Debt;
1/ As amended by decree published in the Diario Ofi-
cial of October 8, 1974.
f.
g?
XVI
governmi
the mon
of the
subject
empower(
serious
Art:
be no
(estancc
prohibit
exceptir
mails,
paper m
Federal
specific
reproduc
exclusiA
inventor
Cons
authorit
or corn.
necessit
every a(
free co
services
whatever
ists, rat
any oth(
and to
general,
tage in
prejudic
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s or any
a small
.nas been
agricul-
_I not be
:e of the
section
-1 by law
2 presi-
laws.
Legis-
11 enact
and to
accord -
t there
which a
zompany
;e sub-
by the
:ed for
Its, in
n. it
n.t, by
annual
al and
:ng 3%
? the
3r the
, the
aering
? Ofi-
Constitution of Mexico 25
f. No subdivision can be sanctioned which fails to
satisfy the agrarian needs of neighboring settle-
ments (poblados inmediatos). Whenever subdivi-
sion projects are to be executed, the agrarian
claims must be settled within a fixed period;
g.
Local laws shall organize the family homestead,
determining what property shall constitute it,
on the basis that it shall be inalienable and
shall not be subject to attachment or encumbrance
of any kind.
XVIII. All contracts and concessions made by previous
governments since the year 1876, which have resulted in
the monopolization of lands, waters, and natural resources
of the Nation, by a single person or company, are declared
subject to revision, and the Executive of the Union is
empowered to declare them void whenever they involve
serious prejudice to the public interest.
Article 28. In the United Mexican States there shall
be no monopolies or restrictions to free competition
(estancos) of any kind, nor exemption from taxes, nor
prohibitions under the guise of protection to industry,
excepting only those relating to the coinage of money, the
mails, telegraph, and radiotelegraphy, to the issuance of
paper money by a single bank to be controlled by the
Federal Government, and to the privileges which for a
specified time are granted to authors and artists for the
reproduction of their works, and to those which, for the
exclusive use of their inventions, may be granted to
inventors and those who perfect some improvement.
Consequently, the law shall punish severely and the
authorities shall effectively prosecute every concentration
or cornering in one or a few hands of articles of prime
necessity for the purpose of obtaining a rise in prices;
every act or proceeding which prevents or tends to prevent
free competition in production, industry or commerce, or
services to the public; every agreement or combination, in
whatever manner it may be made, of producers, industrial-
ists, merchants, and common carriers, or those engaged in
any other service, to prevent competition among themselves
and to compel consumers to pay exaggerated prices; and in
general, whatever constitutes an exclusive and undue advan-
tage in favor of one or more specified persons and to the
prejudice of the public in general or of any social class.
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26 Constitution of Mexico
rd
"
Associations of workers, formed to protect their own
interests, do not constitute monopolies.
Nor do cooperative associations or societies of pro-
ducers constitute monopolies, which in defense of their
interests or of the general interest, sell directly in
foreign markets the domestic or industrial products which
are the main source of wealth in the region in which they
are produced, and which are not articles of prime neces-
sity, provided that such associations are under Cle super-
vision and protection of the Federal or State Governments
and that they were previously duly authorized for the
purpose by the respective legislatures, which latter of
themselves or on proposal of the executive may, when the
public need so requires, repeal the authorizations granted
for the formation of the associations in question.
Article 29. In the event of invasion, serious dis-
turbance of the public peace, or any other event which may
place society in great danger or conflict, only the Presi-
dent of the Mexican Republic, with the consent of the
Council of Ministers and with the approval of the Federal
Congress, and during adjournments of the latter, of the
Permanent Committee, may suspend throughout the country or
in a determined place the guarantees which present an
obstacle to a rapid and ready combatting of the situation;
but he must do so for a limited time, by means of general
preventive measures without such suspensions being limited
to a specified individual. If the suspension should occur
while the Congress is in session, the latter shall grant
such authorizations as it deems necessary to enable the
Executive to meet the situation. If the suspension occurs
during a period of adjournment, the Congress shall be
convoked without delay in order to grant them.
Chapter It
Mexicans
Article 30.1/ Mexican nationality is acquired by birth
or by naturalization:
i/ As amended by decree published in the Diario Ofi-
cial of January 18, 1934.
A. Mexic
I.
regardles
II.1/
parents,
either wa
B. Mexic
I.
from the
11.2/
and has
territory
Artic
I. T
years of
primary,
prescribe
11.
the munic
receive c
them for
them skill
military
accordini
defend t
rights al
tranquil
-
1/
cial of
2/
19747
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their own
-s of pro-
of their
_rectly in
ucts which
ihich they
.ne neces-
::.e super-
;vernments
for the
_atter of
when the
3 granted
aus dis-
which may
le Presi-
of the
Federal
of the
untry-or
sent an
tuation;
general
I imited
d occur
1 grant
A.e the
occurs
all be
- birth ?
Constitution of Mexico 27
Mexicans by birth are:
I. Those born in the territory of the Republic,
regardless of the nationality of their parents;
II.1/ Those born in a foreign country of Mexican
parents, of a Mexican father, or of a Mexican mother;
Those born on Mexican vessels or airships,
either war or merchant vessels.
B. Mexicans by naturalization are:
I. Foreigners who obtain letters of naturalization
from the Secretariat of Foreign Relations;
, 11.2/ A foreign man or woman who marries a Mexican
and has or establishes domicile within the national
territory.
Article 31. The obligations of Mexicans are:
I. To see that their children or wards, under fifteen
years of age, attend public or private schools to obtain
primary, elementary and military education during the time
prescribed by the Public Education Law in. each State;
II. To .be present on the days and hours designated by
the municipality (ayuntamiento) in which they reside, to
receive civic and military instruction which will equip
them for the exercise of their rights as citizens, give
them skill in the handling of arms, and acquaint them with
military discipline;
.III. To enlist and serve in the National ,Guard,
according ?to the respective organic law, to secure and
defend the independence, the territory, the honor, the
rights and interests of the homeland, as well as domestic
tranquility and order;
1/ As amended by decree published in the Diario Ofi-
cial of December 26, 1969.
2/ As amended by decree published on December 31,
19747
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28 Constitution of Mexico
IV. To contribute to the public expenditures of the
Federation, and the State and Municipality in which they
reside, in the proportional and equitable manner provided
by law.
Article 32.1/ Mexicans shall have priority over for-
eigners under equality of circumstances for all classes of
concessions and for all employment, positions, or commis-
sions of the Government in which the status of citizenship
is not indispensable. In time of peace no foreigner can
serve in the Army nor in the police or public security
forces.
In order to belong to the National Navy or the Air
Force, and to discharge any office or commission, it is
required to be a Mexican by birth. This same status is
indispensable for captains, pilots, masters, engineers,
mechanics, and in general for all personnel of the crew of
any vessel or airship protected by the Mexican merchant
flag or insignia.- It is also necessary to be Mexican by
birth to discharge the position of harbor master and all
services of pilotage and airport commandant, as well as
all functions of customs agent in the Republic.2/
Chapter III
Foreigners
Article 33. Foreigners are those who do not possess
the qualifications set forth in Article 30. They are
entitled to the guarantees granted by Chapter I, Title I, Art
of the present Constitution; but the Federal Executive Republi
shall have the exclusive power to compel any foreigner,
whose stay he may deem inexpedient, to abandon the national 11.
territory immediately and without the necessity of prior declari
legal action. profes(
to reg:
Foreigners may not in any way participate in the provisi
Art
of Mex
citizet
I.
IL
Ar
I.
IL
popula)
employr
establl
the cot
Iv.
defens(
provis)
political affairs of the country.
1/ As amended by decree published in the Diario Ofi-
cial of December 15, 1934.
2/ As amended by decree published on February 10, 1/
19447 Oficial
II]
distric
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1J!!:
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Constitution of Mexico 29
:ures of the Chapter IV
3 which they
ner provided Mexican Citizens
Article 34.1/ Men and women who, having the status
:y over for- of Mexicans, likewise meet the following requirements are
L classes of citizens of the Republic:
or commis-
citizenship I. Having reached eighteen years of age;
areigner can
Ic security II. Having an honest means of livelihood.
Article 35. The prerogatives of citizens are:
3r the Air
Lon, it is I. To vote at popular elections;
status is
_engineers, II. To be voted for, for all offices subject to
:ae crew of popular election, and to be appointed to any other
a merchant employment or commission, if they have the qualifications
Mexican by established by law;
ar and all
_s well as III. To assemble to discuss the political affairs of
the country;
IV. To bear arms in the Army or National Guard in the
defense of the Republic and its institutions, under the
provisions prescribed by law;
,.. pousess V. To exercise in all cases the right of petition.
' They are
1 Title I, Article 36. The obligations of citizens of the
1-Executive Republic are:
i;reigner,
I national I. To register on the tax lists of the municipality,
113f prior declaring the property they possess, the industry,
profession, or occupation by which they subsist; and also
to register in the electoral poll-books, according to the
in the provisions prescribed by law;
II. To enlist in the National Guard;
io Ofi-
III. To vote in popular elections in the electoral
district to which they belong;
ry 10, 1/ As amended by decree published in the Diario
Oficial of December 22, 1969.
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,4 30 Constitution of Mexico
_ -
IV. To serve in the elective offices of the Federation
or of the States, which shall in no case be gratuitous;
V. To serve in municipal council positions where they
reside, and to fulfill electoral and jury functions.
Article 37.1/ A. Mexican nationality is forfeited:
I. By the voluntary acquisition of a foreign nation-
ality;
II. By accepting or using titles of nobility which
imply submission to a foreign state;
III. By residing, if a Mexican by naturalization, for
five consecutive years in the country of origin; or
IV. By passing as a foreigner in any public instru-
ment, when Mexican by naturalization, or by obtaining and
using a foreign passport.
B. Mexican citizenship is forfeited:
I. By accepting or using titles of nobility which
imply submission to a foreign government;
II. By rendering voluntary official services to a
foreign government without permission of the Federal
Congress or of its Permanent Committee;
III. By accepting or using foreign decorations without
permission of the Federal Congress or of its Permanent
Committee;
IV. By accepting titles or functions from the govern-
ment of another country without prior permission of the
Federal Congress or its Permanent Committee, excepting
literary, scientific, or humanitarian titles which may be
freely accepted;
V. By aiding a foreigner or a foreign country, against
the Nation, in any diplomatic claim or before an inter-
national tribunal; or
1/ As amended by decree published in the Diario Ofi-
cial of January 18, 1934.
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are
cau
Thi
'add
small
for
the
ord(
affi
pens
arre
as a
may
tia]
orif
benf
rig!
orgi
tat
all
a
thi
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deration
:ous;
:ere they
;.
ited:
nation-
which
on, for
instru-
ing and
which
to a
ederal
ithout
Lanent
fern?
f the
pting
b!e
lInst
lter-
Oil-
Constitution of Mexico 31
? VI. In other cases which the laws may specify.
Article 38. The rights or prerogatives of citizens
are suspended:
I. Through failure to comply, without sufficient
cause, with any of the obligations imposed by Article 36.
This suspension shall last for one year and shall be in
addition to any other penalties prescribed by law for the
same offense;
II. Through being subjected to criminal prosecution
for an offense punishable by imprisonment (pena corporal),
the suspension to be reckoned from the date of the formal
order of commitment;
III. Throughout a term of imprisonment;
IV. Through vagrancy or habitual drunkenness,
affirmed in the manner prescribed by law;
V. Through being a fugitive from justice, the sus-
pension being reckoned from the date of the order of
arrest until the prescription of the criminal action;
VI. Through final sentence imposing such suspension
as a penalty.
The law shall specify those cases in which civil rights
may be lost or suspended and the manner of rehabilitation.
TITLE II
Chapter I
National Sovereignty and Form of Government
Article 39. The national sovereignty resides essen-
tially and originally in the people. All public power
originates in the people and is instituted for their
benefit. The people at all times have the inalienable
right to alter or modify their form of government.
Article 40. It is the will of the Mexican people to
organize themselves into a federal, democratic, represen-
tative Republic composed of free and sovereign States in
all that concerns their internal government, but united in
a Federation established according to ?the principles of
this fundamental law.
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32 Constitution of Mexico
Article 41. The people exercise their sovereignty
through the powers of the Union in those cases within its
jurisdiction, and through those of the States, in all that
relates to their internal affairs, under the terms estab-
lished by the present Federal Constitution and the indi-
vidual constitutions of the States, respectively, which
latter shall in no event contravene the stipulations of
the Federal Pact.
Political parties are entities of public interest. The
law shall determine the specific forms of their interven-
tion in the electoral process.!!
The purpose of political parties is to promote the
participation of the people in democratic activity, to
contribute to forming the national representation and, as
organizations of citizens, to make possible their access
to the exercise of public power, in accordance with the
programs, principles and ideas which they postulate through
universal, free, secret and direct suffrage.!!
Political parties shall have the right to permanent use
of the communications media in accordance with the formali-
ties and procedures provided by law.!!
In the federal electoral process national political
parties shall have on an equitable basis a minimum of
resources for their efforts to obtain popular suffrage. 1/
National political parties shall have the right to
participate in state and municipal elections.!!
Chapter II
Integral Parts of the Federation
and of the National Territory
Article 42.2/ The national territory comprises:
I. The integral parts of the Federation;
1/ Added by decree published in the Diario Oficial of
December 6, 1977 and entered into force on the following
day.
2/ As amended by decree published on January 20, 1960.
II.
'-.adjacen
III
'situate
IV.
the isl
V.
and unc
maritim
VI.
the ext
nationa
Art
? are th(
Califor
Chihuah
Mexico,
Puebla,
Sonora,
Zacatec
Art
present
federal
State c
the Gen
Art
their f
no cliff
Art
tions
Coast ii
1/
cial7m
2/
t,
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ereignty
:in its
A.1 that
; estab-
e indi-
, which
ions of
t. The
cerven-
te the
ty, to
and, as
access
.th the
=hrough
ent use
airman-
_itical
maim of
:e.1/
;it to
_al of
_owing
1960.
Constitution of Mexico 33
II. The islands, including the reefs and keys in
-2adjacent seas;
III. The islands of Guadalupe and the Revillagigedos
situated in the Pacific Ocean;
IV. The continental shelf and the submarine shelf of
.the islands, keys, and reefs;
V. The waters of the territorial seas to the extent
and under terms fixed by international law and domestic
maritime law;
VI. The space located above the national territory to
the extent and according to rules established by inter-
national law on the subject.
Article 43.1/ The integral parts of the Federation
are the States of Aguascalientes, Baja California, Baja
California Sur, Campeche, Coahuila, Colima, Chiapas,
, Chihuahua, Durango, Guanajuato, Guerrero, Hidalgo, Jalisco,
Mexico, Michoacan, Morelos, Nayarit, Nuevo Le6n, Oaxaca,
Puebla, Quer?ro, Quintana Roo, San Luis Potosi, Sinaloa,
Sonora, Tabasco, Tamaulipas, Tlaxcala, Veracruz, Yucatan,
Zacatecas, and the Federal District.
Article 44. The Federal District shall embrace its
present territory, and in the event of the removal of the
federal branches to some other place, it shall become the
State of Valle de Mexico, with such boundaries and area as
the General Congress shall assign to it.
Article 45.2/ The States of the Federation shall keep
their present area and boundaries as of this day, provided
no difficulties arise concerning them.
Article 46. The States having pending boundary ques-
tions shall arrange or settle them as provided in this
Constitution.
1/ As amended by decree published, in the Diario Ofi-
cial on October 8, 1974.
2/ As amended by decree published on-October 8, 1974.
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1 A
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i4 Constitution of Mexico
Article 47. The State of Nayarit shall have the
territorial area and boundaries which at present comprise
the Territory of Tepic.
Article 48.1/ The islands, keys, and reefs of the Articll
adjacent seas which belong to the national territory, the posed of r
continental shelf, the submarine shelf of the islands, three yea]
keys, and reefs, the territorial waters, the inland marine elected ont
waters, and the space above the national territory shall
depend directly on the Government of the Federation, with Articl(
the exception of those islands over which the State have posed of :
up to the present exercised jurisdiction, system of
ties who s
TITLE III proportion
system, thE
Chapter I
Article
Division of Powers single ele(
total popu:
Article 49.2/ The supreme power of the Federation tribution
is divided, for its exercise, into legislative, executive, federal en
and judicial branches. general pa
representat
Two or more of these powers shall never be united in majority pa
one single person or corporation, nor shall the legis-
lative power be vested in one individual except in the For the
case of extraordinary powers granted to the Executive, in principle o
accordance with the provisions of Article 29. In no other regional Ii
case, except as provided in the second paragraph of Article be constitu
131, shall extraordinary powers be granted to legislate. form of est
districts.
Chapter II
The Legislative Branch
Article 50. The legislative power of the United
Mexican States is vested in a General Congress, which
shall be divided into two chambers, one of deputies and
the other of senators.
1/ As amended by decree published in the Diario Ofi-
cial of January 20, 1960.
2/ As amended by decree published on March 28, 1951.
1/ As
cial of Api
December 6,
day:
2/ As
December 20
December 6,
day.
3/ As
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ave the
comprise
of the
-;ry, the
s lands,
: marine
7 shall
n, with
te have
erat ion
cut ive,
.ted in
legis-
in the
ive, in
a other
Article
ate.
United
which
as and
Ofi-
Constitution of Mexico 35
Section I
Election and Installation of Congress
Article 51.1/ The Chamber of Deputies shall be com-
posed of representatives of the Nation, all elected every
three years. For each titular deputy there shall be
elected one alternate.
Article 52.2/ The Chamber of Deputies shall be com-
posed of 300 deputies elected by a plurality, within a
system of single electoral districts, and up to 100 depu-
ties who shall be elected according to the principle of
proportional representation, within the regional listing
system, the lists being voted for in multiple districts.
Article 53.3/ The territorial demarcation of the 300
single electoral districts will result from dividing the
total population among the districts indicated. The dis-
tribution of, the single electoral districts among the
federal entities shall be made according to the last
general population census, although in no case may the
representation of a State be less than two deputies of the
majority party.
. For the election of the 100 deputies according to the
principle of proportional representation and the system of
regional lists, up to five multiple electoral districts may
be constituted in the country. The law shall determine the
form of establishing the territorial demarcation of these
districts.
1/ As amended by decree published in the Diario Ofi-
cial of April 29, 1933, and later by decree published on
December 6, 1977 and entered into force on the following
day:
2/ As amended by decrees published on June 11, 1951,
December 20, 1960, February 14, 1972, October 8, 1974 and
December 6, 1977 and entered into force on the following
day.
951. 3/ As amended by decree published on December 6, 1977.
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36 Constitution of Mexico
Article 54.1/ The election of the 100 deputies
, according to the principle of proportional representation
and the system of regional lists shall be subject to the
following provisions and to those established by law:
I. To have its regional lists registered, the national
political party applying for registration must prove that
it has candidates for deputy with a relative majority in
at least one third of the 300 single districts.
II. Parties shall have the fight to have accredited
to them elected deputies, according to the principle of
proportional representation, when (a) they have not
received a majority of 60 or more votes and (b) when they
have attained at least 1.5 percent of the total votes cast
for all regional lists in the multiple electoral districts.
III. The party that complies with the requirements
indicated in sections I and II of this article shall have
accredited to it, according to the principle of propor-
tional representation, the number of deputies from its
regional list that corresponds to the percentage of votes
obtained in the corresponding multiple district. The law
shall determine the electoral formulas and procedures that
shall be observed in making the accreditation; in any case,
such allotment must follow the order which the candidates
had in the corresponding lists.
IV. In case two or more parties entitled to partici-
pate in the distribution of the regional lists should
obtain a total majority of 90 or more votes, they shall be
allotted only 50 percent of the seats that should be
accredited to them according to the principle of propor-
tional representation.
Article 55.
a deputy:
The following are the requirements to be
I. To be a Mexican citizen by birth, in the exercise
of his rights;
1/ As amended by decrees published in the Diario Of
June 22, 1963, February 14, 1972, October 8, 1974,
and December 6, 1977, and entered into force on the
following day.
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dai
elE
reE
mul
is
wit
res
six
pub
nor
the
ninE
nor
unlE
posi
dist
offi
thei
magi
elec
unlE
befc
cia]
and
entE
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'Duties
ration
:o the
tional
^ that
ity in
-edited
ale of
^ not
a they
s cast
ricts.
.-ements
i have
roper-
:la its
votes
law
s that
- case,
_idates
rtiCi-
should
all be
Act be
ropor-
to be
:excise
Ofi
19744_
nx the
Constitution of Mexico 37
II.1/ To have attained twenty-one years of age by the
day of the election;
111.2/ To be a native of the State in which the
election is held, or a resident thereof with effective
residence for more than six months prior to its date.
In order to be able to appear on the lists of the
multiple electoral districts as a candidate for deputy, it
is necessary to be a native of one of the federal entities
within the district in which the election is held or a
resident thereof with effective residence for More than
six months prior to its date.
Residence is not lost in the discharge of elective
public office.
IV. Not to be in ?active service in the federal army
nor to hold command in the police or rural gendarmeria in
the district where the election is held, within-at least
ninety days prior thereto;
V.3/ Not to be secretary or undersecretary of state,
nor justice of the Supreme Court of Justice of the Nation,
unless he shall have definitively resigned from his
position ninety days before the election.
The governors of the States cannot be elected in the
districts of their jurisdiction during their term of
office, even though they may have definitively resigned
their position.
The secretaries of government of the States, federal
magistrates and judges, or those of the States cannot be
elected in the districts of their respective jurisdictions
unless they definitively resign their position ninety days
before the election;
1/ As amended by decree published in the Diana Ofi-
cial of February 14, 1972.
2/ As amended by decree published on October 8, 1974,
and later by decree published on December 6, 1977 and
entered into force on the following day.
3/ As amended by decree published on April 29, 1933.
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38 Constitution of Mexico
VI.!! Not to be a minister of any religious cult; and
VII.2/ Not to be subject to any of the incapacities
specified in Article 59.
Article 56.1/ The Chamber of Senators shall be com-
posed of two members for each State and two for the Federal
District, all directly elected every six years.
The legislature of each State shall declare elected
the person obtaining a majority of the votes cast.
Article 57. For each titular senator one alternate
shall be elected.
Article 58.3/ To be a senator the same requisites
must be met as to be a deputy except that of age, which
shall be thirty years of age attained by the date of the
election.
Article 59.1/ Senators and deputies to the Congress
of the Union cannot be re-elected for the immediately fol-
lowing term.
Alternate senators and deputies may be elected for the
immediately following term as full senators and deputies,
provided that they have not been serving (in the office of
their principals); but full senators and deputies cannot be
elected for the immediately following term in the capacity
of alternates.
Article 60.4/ The Chamber of Deputies shall be the
judge of the elections of its members through an electoral
college composed of the 60 deputy candidates who, according
to the majority votes registered by the Federal Electoral
Commission, have obtained the highest number of votes, and
1/ As amended by decree published in the Diario Ofi-
cial of April 29, 1933.
2/ Added by decree published on April 29, 1933.
3/ As amended by decree published on February 14,
, 19727
4/ As amended by decree published on December 6, 1977
and entered into force on the following day.
the 40 dep
district o
returns.
In the
be composed
to the Legi
to the Perm
the case of
Decisio
Deputies ma
of the Nati
If the
stantial vi
the elector
it shall so
sion, which
The law
cable and ti
Article
opinions e,
offices and
The pre
stitutional
and that th
not violate(
Article
terms of o
employment
they receiv
respective
shall there
position.
and senator
this provis
of deputy o
1/ Par
Oficial of
following d
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Constitution of Mexico 39
ult; and the 40 deputy candidates who are elected in the multiple
district or districts that had the highest number of
pacities returns.
In the Chamber of Senators the Electoral College shall
be corn- be composed of the senatorial candidates declared elected
Federal to the Legislature of the corresponding federal entity and
to the Permanent Commission of the Congress of the Union in
the case of the Federal District.
elected
Decisions of the Electoral College of the Chamber of
Deputies may be appealed before the Supeme Court of Justice
ternate of the Nation.
If the Supreme Court of Justice considers that sub-
uisites stantial violations have been committed in the course of
, which the electoral process or in arriving at the final results,
of the it shall so inform the Chamber so as to issue a new deci-
sion, which shall be final and unimpeachable.
Ingress The law shall determine when this recourse is appli-
-5r fol- cable and the procedure to which it shall be subject.
Article 61. Deputies and senators are inviolable for
for the opinions expressed by them in the discharge of their
Taties, offices and shall never be called to account for them.
ice of
not be The president of ?each chamber shall see that the con-
pacity stitutional privilege of the members thereof is respected
and that the premises where their meetings take place are
not violated.1/
77,e the
:toral Article 62. Full deputies and senators, during their
rrding terms of office, may not hold any ot..-.1r commission or
:coral employment of the Federation or of the States for which
;, and they receive a salary, without prior permission from the
respective chamber; but their representative functions
shall thereupon cease, while they are holding the new
position. The same rule shall apply to alternate deputies
and senators when serving (as principals). Infraction of
this provision shall be punishable by loss of the status
Ofi- of deputy or senator.
14,
1/ Paragraph added by decree published in the Diario
1977 Oficial of December 6, 1977 and entered into force on the
following day.
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';g4c1I4
s
40 Constitution of Mexico
Article 63. The chambers cannot .open their meetings
nor exercise their duties without the presence, in the
Senate, of two thirds, and in the Chamber of Deputies, of
more than half of the total number of members; but those
present in either chamber must assemble on the day
appointed by law and compel the absentees to attend within
thirty days following, with the warning that if they do
not do so, it shall be understood that by that sole fact
they do not accept their office, and the alternates shall
be immediately called and must present themselves within a
like period, and if they fail to do so, the position shall
be declared vacant and a new election shall be called.
It is also understood that deputies or senators who
fail to attend for ten consecutive days, without justi-
fiable cause or previous leave from the president of their
respective chamber, of which the chamber shall be advised,
renounce their attendance until the next period, and their
alternates shall be called at once.
? If there shall be no quorum to install either chamber
or to exercise their functions when once intalled, the
alternates shall be called immediately to present them-
selves within the shortest possible time, to discharge
their office until the expiration of the thirty days' above
mentioned.
Anyone elected deputy or senator who does not present
himself and assume the office, without justifiable cause
as determined by the respective Chamber, within the time
limit indicated in the first paragraph of this article,
shall be held responsible and subject to the sanctions
prescribed by law. National political parties that have
entered candidates in an election for deputies or senators
but which agree that those elected shall not present them-
selves to assume office will likewise be held responsible
and punishable by the same law.!!
Article 64. Deputies and senators who, without justi-
fiable cause or without permission of the president of the
respective chamber, do not attend a meeting shall have no
right to remuneration for the day on which they were
absent.
1/ Paragraph added by decree published in the Diario
Oficial. of June 22, 1963.
Irr of
add
bill
,the
the
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nati
dent
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tion
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both,
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more
ande
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indi
coun
cial
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192:
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.ings
the
, of
'nose
day
thin
? do
fact
lall
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:all
who
ti-
eir
ad,
air
3er
:he
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-ge
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at
se
ne
is
a
a
0
,
Constitution of Mexico 41
Article 65.1/ The Congress shall meet on the first day
of September of each year in regular session, when it shall
address itself to the study, discussion and voting on the
bills presented to it and the solution of other matters
within its province according to the Constitution.
Article 66. The regular session shall continue for
the time necessary to dispose of all matters mentioned in
the preceding article, but it cannot be prolonged beyond
December 31 of the same year.
If the two chambers are not in accord as to the termi-
nation of the session before the date indicated, the Presi-
dent of the Republic shall decide.
Article 67.2/ The Congress or only one of its cham-
bers, when a matter exclusive to it is concerned, shall
meet in extraordinary sessions whenever the Permanent
Committee shall convoke them for that purpose; but in both
cases they shall occupy themselves only with the matter or
matters which the said Committee submits to their atten-
tion, which shall be stated in the respective call.
Article 68. The two chambers shall reside at the same
place and cannot remove to another unless they previously
agree to the removal and on the time and manner of so
doing, designating the same place for the meeting of
both. But if the two, in agreeing on removal, differ in
regard to the time, manner, and place, the Executive shall
settle the difference by choosing one of the two extremes
in question. Neither chamber may suspend its sessions for
more than three days without the consent of the other.
Article 69.2/ The President of the Republic shall
attend the opening of the regular sessiods of the Congress
and shall submit a report in writing in which he shall
indicate the general state of the administration of the
country. At the opening of extraordinary sessions of
1/ As amended by decree published in the Diario Ofi-
cial of December 6, 1977 and entered in force on the
following day.
2/ As amended by decree published on November 24,.
19237
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42 Constitution of Mexico
Congress, or of only one of the chambers, the Chairman of
the Permanent Committee shall report as to the motives or
reasons that led to the call.
Article 70. Every resolution of the Congress shall
have the character of a law or of a decree. The laws or
decrees shall be communicated to the Executive signed by
the Presidents of both chambers and by a secretary of
each, and shall be promulgated in this form: "The Congress
of the United Mexican States decrees: (Text of the law or
decree)."
The Congress shall enact the law regulating its
internal structure and operation.!!
The law shall determine the formalities and proce-
dures for the grouping of deputies, according to their
party affiliation, so as to guarantee free expression of
the ideological trends represented in the Chamber of
Deputies.1/
This law cannot be vetoed nor shall it require promul-
gation by the Federal Executive to enter into force.!/
Section II
Introduction and Enactment of Laws
*Article 71. The right to introduce laws or decrees
belongs:
I. To the President of the Republic;
II. To the deputies and senators of the Congress;
III. To the legislatures of the States.
The bills submitted by the President of the Republic,
by the legislatures of the States or by deputations thereof
shall be referred at once to committee. Those which are
introduced by deputies or senators shall be subject to the
procedure prescribed in the regulations on debate.
1/ Added by decree published in the Diario Oficial of
December 6, 1977 and entered into force the following day.
An
resolut
the cha
regulat
of time
a.
b.
C.
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,
7hairman of
motives or
ress shall
le laws or
signed by
:retary of
e Congress
:he law or
sting its
ad proce-
to their
-ession of
lamber of
-e promul-
e.1/
? decrees
lepublic,
; thereof
lich are
r. to the
icial of
ag day.
Constitution of Mexico 43
Article 72. Every bill or proposed decree, the
resolution of which does not pertain exclusively to one of
the chambers, shall be discussed successively in both, the
regulations on debate being observed as to form, intervals
of time, and mode of procedure in discussions and voting.
a. A bill approved in the chamber of its origin
shall be referred to the other for discussion.
If the latter approves it, it shall be sent to
the Executive who, if he has no objections to
make, shall immediately publish it.
b. Every bill shall be regarded as approved by the
executive branch if it is not returned, with his
objections, to the chamber of its origin within
ten business days unless, during this time, the
Congress shall have adjourned or suspended its
meetings, in which case the return must be made
on the first business day in which the Congress
next meets.
c. A bill or proposed decree rejected in whole or in
part by the Executive shall be returned, with his
objections, to the chamber of origin. It must be
discussed anew by the latter, and if it is con
firmed by a vote of two thirds of the total m
bership, it shall again be sent to the revis
chamber. If it is sanctioned by the latte
the same majority, the bill shall become a
decree and shall be returned to the Execu
promulgation.
The voting on a law or decree shall
call.
d. If any bill or proposed decree is
4.
entirety by the chamber of revi
returned to that of its origin
made by the former. If upon
is a4.
pproved by an absolute m
present, it shall be retur
rejected it, which shall
it approves it by the s
sent to the Executive
(a) above; but if dis
introduced in the sa
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44 - Constitution of Mexico
e. If a bill is rejected in part, or amended or added
to by the revisory chamber, the new discussion in
the chamber of origin shall be confined to the
part rejected or to the amendments or additions,
without alteration in any way of the articles
approved. If the additions or-amendments made by
the revisory chamber are approved by an absolute
majority of votes present in the chamber of
origin, the entire bill is sent to the Executive
for the purposes indicated in section (a). If the
additions or amendments made by the revisory cham-
ber are disapproved by a majority of the votes in
the chamber of origin, they shall be returned to
the former for consideration of the reasons of
the latter, and if the amendments or additions are
rejected in this second revision by an absolute
majority of votes present, the bill, insofar as
it has been approved by both chambers, shall be
sent to the Executive for the purposes indicated
in section (a). If the revisory chamber insists,
by an absolute majority of votes present, upon
such amendments or additions, the entire bill
shall not be again presented until the following
session unless both chambers agree, by an abso-
lute majority of their members present, that the
law or decree be issued only with the approved
articles, and those added or amended shall be
reserved for examination and vote at the fol-
lowing meetings.
f. In the interpretation, amendment, or repeal of
laws or decrees, the same procedure shall be
followed as that established for their enactment.
g?
Every bill or proposed decree which is rejected
in the chamber of its origin cannot be again
introduced in the meetings of that year.
h. The enactment of laws or decrees may commence in
either of the two chambers, without distinction,
with the exception of bills dealing with loans,
taxes, or imposts, or with the recruiting of
troops, all of which must be discussed first in
the Chamber of Deputies.
i. Bills or proposed decrees shall preferentially be
discussed in the chamber in which they are
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:r added
=sion in
ro the
it ions,
irticles
made by
Iso lute
Car of
acmtive
If the
7 zham-
2Z:ES in
nmed to
as of
ms are
Solute
Ear as
:all be
Heated
msists,
upon
? bill
:Jawing
abs o-
at the
t.izuved
Ill be
? fol-
? of
II be
ment
Lected
again
me in
:tioa,
_aaas,
7.1g of
-st in
-4 be
- are
i?l/
Constitution of Mexico 45
introduced, unless one month elapses since they
were sent to the reporting committee without a
report being made, in which case the bill may
be discussed in the other chamber.
The Federal Executive cannot offer objections
to the resolutions of the Congress or of either
chamber when they exercise functions of an
electoral body or of a jury, nor when the Cham-
ber of Deputies declares that a high function-
ary of the Federation should be impeached for
official crimes.
Neither may he do so in regard to a decree of con-
vocation to extraordinary sessions issued by the Permanent
Committee.
Section III
Power of Congress
Article 73. The Congress has the power:
1.2/ To admit new States into the Federal Union;
11.3/ [Deleted];
III. To form new States within the boundaries of
existing ones, for which purpose it shall be necessary:
1. That the section or sections seeking ?to be made a
State shall have a population of at least one
hundred and twenty thousand inhabitants;
2. That it be proven before Congress that they
possess the resources necessary to provide for
their political existence;
1/ As amended by decree published in the Diario Of
November 24, 1923.
2/ As amended by decree published on October 8, 1974.
-5/ Deleted by decree published on October 8, 1974.
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46 Constitution of Mexico
3. That the legislatures of the States involved be
heard as to whether or not a new State should be
formed and they shall be required to render their
report within six months from the date that the
respective communication was submitted to them;
4. That the Executive of the Federation likewise be
heard, who shall transmit his report within seven
days from the date on which it was requested of
him;
5. That the creation of the new State be adopted by a
vote of two thirds of the deputies and senators
present in their respective chambers;
6. That the resolution of the Congress be ratified by
a majority of the legislatures of the States, with
a copy of the record before them, provided that
the legislatures of the States whose territory is
involved have given their consent;
7. If the legislatures of the States whose territory
is involved have not given their consent, that the
ratification mentioned in the foregoing section be
given by two thirds of the legislatures of the
other States;
IV. To arrange permanently the boundaries of the
States, settling any differences that may arise between
them in regard to the demarcation of their respective
territories, except when these differences may be of a
contentious character;
V. To change the seat of the supreme powers of the
Federation;
VI.1/ To legislate on all matters concerning the
Federal District, subject to the following bases:
1/ As amended by law rublished in the Diario Oficial
of August 20, 1928, and by decree published on October 8,
1974.
1.
2.
3.1
4.2
1/ I
2/ ,
then by
21, 1944
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? -.411?11F7-*.
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ed be
dd be
their
.t the
3;
se be
seven
ed of
by a
ators
!d by
with
that
7 is
tory
the
n be
the
the
',teen
tive
f a
the
the
Lal
. 8,
Constitution of Mexico
47
1. The Government of the Federal District shall be
entrusted to the President of the Republic, who
shall exercise it through the organ or organs
that are prescribed by law.
2. Legal ordinances and regulations which are deter-
mined by the law on the matter concerned shall
be submitted to referendum and may be subject to
popular initiative, according to the procedure
indicated by such initiative.
3.1/ [Deleted].
4.2/ Appointments of the justices of the superior
court of justice of the Federal District shall
be made by the President of the Republic and
submitted for the approval of the Chamber of
Deputies, which shall grant or refuse such
approval within a period of ten days, without
extension. If the Chamber does not act within
such time, the appointments shall be considered
approved. .Without the approval of the Chamber,
the magistrates appointed by the President of the
Republic cannot take possession. In the event
that the Chamber of Deputies does not approve two
successive appointments with respect to the same
vacancy, the President of the Republic shall make
a third appointment, which shall be effective at
once, as provisional, and which shall be sub-
mitted to the approval of the Chamber at the fol-
lowing regular session. At this session, within
the first ten days, the Chamber must approve or
disapprove the appointment, and if it approved
it, or makes no decision, the justice appointed
provisionally shall continue to serve perma-
nently. If the Chamber rejects the appointment,
the provisional justice shall cease to function
at once, and the President of the Republic shall
1/ Deleted by decree of October 8, 1974.
2/ As amended by law published on August 20, 1928,
then by decrees published on December 15, 1934, September
21, 1944 and February 19, 1951.
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48 Constitution of Mexico
submit a new appointment for the approval of the
Chamber, under the terms indicated.1/
In cases of temporary inability of justices to
act for more than three months, they shall be
replaced by appointments which the President of
the Republic shall submit to the approval of the
Chamber of Deputies, and during its adjournment,
to that of the Permanent Committee, in either
instance by observing the provisions of the
preceding clauses.
V
In cases of temporary inability which do not
exceed three months, the Organic Law shall deter- V
mine the manner of making the substitution. If a borro
justice should cease to act because of death, and t
resignation, or incapacity, the President of the -No lc
Republic shall submit a new appointment for the which
approval of, the Chamber of Deputies. If the unles
Chamber is not in session, the Permanent Commit- opera
tee shall give provisional approval, until the decla
Chamber meets and gives final approval. of Ar
The judges of first instance, and the minor and I.
correctional judges and those under any denomi- inter,
nation created in the Federal District, shall be
appointed by the supreme court of justice of the X
Federal District; they must have the qualifica- carbol
tions which the law prescribes and shall be I games
replaced during their temporary inability to act, electi
in the manner provided by law.2/ issue
tion
The remuneration which justices and judges this (
receive for their services cannot be decreased
druing their terms of office. X]
eratic
The justices and judges to whom this basis refers
shall continue in office for six years and they
may be reelected; but they may be removed from
their positions when guilty of misconduct, in
1/
cialTh
2/
19467
4/
it As amended by decree published in the Diario Ofi-
cialThf October 8, 1974. 19427
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?
3f the
to
iLi be
it of
)f the
ment,
ither
f the
3 not
teter-
If a.
?eath,
)t the
the
f the
malt-
1 the
Tr and
.s11 be
:f the
Li be
T act,
:udges
naased
nefers
they
from
in
Ofi-
Constitution of Mexico 49
accordance with the final part of Article 111 or
after corresponding action for responsibility.1/
5.2/ The public ministry in the Federal District shall
be headed by an attorney general (Procurador
General), who shall reside in Mexico City, and
such number of agents as shall be determined by
law; and he shall depend directly on the Presi-
dent of the Republic, who may freely appoint and
remove him.
VII. To levy the necessary taxes to cover the Budget;
VIII.3/ To fix the bases von which the Executive may
borrow on thecredit of the Nation; to approve such loans
and to acknowledge and order payment Of the national debt.
No loan may be effected except for the execution of works
which directly produce an increase in the public revenues
unless for purposes of currency regulation, conversion
operations or loans contracted during some emergency
declared by the President of the Republic within the terms
of Article 29;
IX.4/ To prevent the establishment of restrictions on
interstate commerce;
X.5/ To legislate throughout the Republic on hydro-
carbons, mining, the motion picture, industry, commerce,
games of chance and lotteries, credit institutions, and
electric and nuclear power, to establish a single bank of
issue under the provisions of Article 28 of the Constitu-
tion and to enact labor laws regulating Article 123 of
this Constitution;
XI. To create and abolish public offices of the Fed-
eration and to fix, increase, or decrease their salaries;
1/ As amended by decree published in the Diario Ofi-
cial of September 21, 1944.
2/ As amended by decree published on October 8, 1974.
37 As amended by decree published on December 30,
19467
4/ As amended by decree published on October 24, 1942.
37 As amended by decrees published on November 18,
1942, December 29, 1947, and February 6, 1975.
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-
t
50 Constitution of Mexico
XII. To declare war, in the light of information
submitted by the Executive;
XIII.1/ To enact laws pursuant to which captures on
sea and land must be declared good or bad; and to enact
maritime laws applicable in peace and war;
XIV.2/ To raise and maintain the armed forces of the
Union, to wit: army, navy and air force, and to regulate XVII. 1
their organization and service; portation,
enact laws
XV. To prescribe regulations for the purpose or federal juni
organizing, arming, and disciplining the national guard,
reserving to the citizens who compose it the appointment XVIII.
of their respective commanders and officers, and to the and coinage,
States the power of training it in accordance with the and to adopt
discipline prescribed by such regulations;
XVI.3/ To enact laws in regard to nationality, the
legal status of foreigners, citizenship, naturalization,
settlement, emigration and immigration, and the general XX. To
health of the country: Diplomatic C(
4. The
eff(
sal(
deg(
prel
aft(
Unic
XIX. To
tion of vaca
1. The General Health Council shall be directly j XXI. T(
subordinate to the President of the Republic, with? Federation a.
out the intervention of any Secretariat of State, r for them;
and its general provisions shall be compulsory
throughout the country. XXII. 1
jurisdiction
2. In case of serious epidemics or danger of invasion
of the country by exotic diseases, the Department XXIII.2/
of Health shall be required to dictate immediately
the necessary preventive measures, subject to XXIV. Tc
subsequent approval by the President of the General's Off
Republic.
3. The health authority shall be executive and its
provisions shall be obeyed by the administrative
authorities of the country.
1/ As amended by decree published on October 21, 1966.
27 As amended by decree published on February 10,
19447
3/ As amended by decree published on January 18, 1934.
XXV.3/ T
out the Repu
and professic
search, of fi
schools of a
1/ Added
July 6, 1971.
2t Delet(
3/ As am(
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---
Constitution of Mexico 51
4. The measures which the Council shall have put into
effect in the campaign against alcoholism and the
sale of substances which poison the individual and
degenerate humankind, as well as those adopted to
prevent and combat environmental pollution,l/ shall
afterwards be examined by the Congress of the
Union, in cases within its competency.
XVII. To enact laws concerning general means of trans-
portation, and in regard to mail and post offices; to
enact laws on the use and utilization of waters under
federal jurisdiction;
XVIII. To establish mints, fix the standards of coins
and coinage, to determine the valde of foreign currencies,
and to adopt a general system of weights and measures;
XIX. To establish rules for the occupation and aliena-
tion of vacant lands and fix their price;
XX. To enact laws for the organization of the Mexican
Diplomatic Corps and Consular Corps;
XXI. To define crimes and offenses against the
Federation and to prescribe the punishments to be imposed
for them;
XXII. To grant amnesties for crimes within the
jurisdiction of the federal courts;
XXIII.2/ [Deleted].
XXIV. To enact the organic law governing the Auditor
General's Office (Contadurfa Mayor);
XXV.3/ To establish, organize, and maintain through-
out the Republic rural, elementary, superior, secondary,
and professional schools, and schools for scientific re-
search, of fine arts, and of technical training; practical
schools of agriculture and mining, of arts and crafts,
1/ Added by decree published in the Diario Oficial of
July 6, 1971;
2/ Deleted by decree published on December 6, 1977.
-37/ As amended by decree published on January 13, 1966.
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52 Constitution of Mexico
museums, libraries, observatories, and other institutions
concerning the general culture of the inhabitants of the
Nation, and to legislate on all matters relating to such
institutions; to legislate on matters concerning archeo-
logical, artistic, and historic monuments, the conservation
of which is of national interest; and also to enact laws
designed to distribute feasibly between the Federation, the
States, and Municipalities the exercise of the educative
function and the appropriations corresponding to this
public service, seeking to unify and coordinate education
throughout the Republic. The diplomas issued by the afore-
mentioned establishments shall be valid throughout the
Republic;
XXVI.1/ To grant leave of absence to the President of
the Republic, and to constitute itself as an elctoral col-
lege and designate the citizen who is to replace the Presi-
dent of the Republic, as either an interim or provisional
substitute, under the terms of Articles 84 and 85 of this
Constitution;
XXVII. To accept the resignation from office of the
President of the Republic;
XXVIII.2/ [Deleted].
XXIX.3/ To levy taxes:
1. On foreign commerce;
2. On the utilization and exploitation of natural
resources included in paragraphs 4 and 5 of
Article 27;
3. On institutions of credit and insurance companies;
4. On public services under concession or operated
directly by the Federation;
1/ As amended by decree published in the Diario Ofi-
cial on April 29, 1933.
2/ Deleted by decree published on December 6, 1977.
3/. Added by decree published on October 24, 1942, the
former section XXIX being renumbered XXX.
5.
FedE
special
law.
correspc
from the
XXIX
of the n
XXIX
of the,
the sphe
property
sought
Constitul
XXX.i
enforce
this con!
Artic
Deputies
1/ A
February
2/ A
entered
3/ A
entered i
? 4/ A
entered i
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itutions
of the
to such
archeo-
arvation
ict laws
ion, the
iucative
:o this
iucation
a afore-
Alt the
_dent of
-al col-
, Presi-
:isional
af this
of the
aatural
5 of
anies;
?erated
Ofi-
477.
-2, the
Constitution of Mexico 53
5. On the following, as special taxes:
a. Electric power
b. Production and consumption of processed tobacco
c. Gasoline and other products derived from
petroleum
d. Matches and cerillos
e. Maguey and its fermented products
f. Forestry exploitation
g. Production and consumption of beer 1/
Federal entities shall share in the revenues from these
special taxes in the proportion fixed by secondary federal
law. The local legislatures shall fix the percentage
corresponding to the Municipalities from revenues obtained
from the tax on electric power;
XXIX-B.2/ To legislate on the characteristics and use
of the national flag, coat of arms and anthem;
XXIX-C.3/ To enact laws setting forth the concurrence
of the Federal, State and Municipal Governments, within
the sphere of their respective competence, in matters of
property settlement, in order to comply with the objectives
sought in the third paragraph of Article 27 of this
Constitution;
XXX.4/ To enact all laws that may be necessary to
enforce -the foregoing powers, and all others granted by
this constitution to the branches of the Union.
Article 74. The exclusive powers of the Chamber of
Deputies are:
1/ Added by decree published in the Diario Oficial of
February 10, 1949.
2/ Added by decree published on October 24, 1967 and
entered into force on the following day.
3/ Added by decree published on February 6, 1976 and
entered into force on the following day.
4/ Added by decree published on October 24, 1942 and
entered into force on November 1.
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54 Constitution of Mexico
I. To constitute itself as an electoral college in
order to exercise the power assigned to it by law with
respect to the election of the President of the Republic;1/
II. To supervise, through a committee drawn from its
body, the correct performance of the functions of the
Auditor General's Office;
III. To appoint the chiefs and other employees of that
office;
IV.2/ To examine, discuss and approve the annual
budget of expenditures of the Federation and of the Depart-
ment of the Federal District, after first discussing the
taxes which, in its judgment, must be levied to cover it,
as well as to review the Public Account of the previous
year.
The Federal Executive shall present to the Chamber
pertinent revenue bills and proposed budgets by not later
than the last day of November, and the pertinent cabinet
secretary shall appear to report on them.
There may not be other secret items, apart from those
considered necessary as such, in the same budget, which
shall be used by secretaries by written order of the Presi-
dent of the Republic.
The Public Account shall be reviewed for the purpose
of knowing the financial situation, to check whether it
has been maintained according to the standards indicated
by the budget and the fulfillment of the objectives
contained in the programs.
If upon examination by the Auditor General's Office
discrepancies should appear between the amounts expended
and the related budget items or should the expenditures
made not be correct or justified, the responsibility
therefor shall be determined in accordance with the law.
1/ As amended by decrees published in, the Diario Ofi-
cial of July 6, 1971 and Cltober 8,.l974.
2/ As amended by decree published on December 6, 1977
and entered into force the following day.
The
presented
the first
The
proposed
Account,
for a just
the Perma
the pertit
therefor.
V. T(
officials
crimes, ar
the Chamb
grand jury
against at
tional pri
VI.1/
of magistr
Federal Di
Republic;
VII.2/
tions for
President
part of Art
VIII.
confers upo
Article
the budget
neration wl
lished by
fails to f
previous bu
shall be un,
?1/ As
cial of Octc
2/ Add(
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?liege in
law with
.public ;1/
. from its
a of the
of that
e annual
le Depart-
sing the
:over it,
previous
- Chamber
aot later
c cabinet
row those
,t, which
he Presi-
e purpose
-"ether it
indicated
hjectives
?s Office
expended
enditures
asibility
e law.
ario Ofi-
r 6, 1977
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?welmatt,
Constitution of Mexico 55
The Public Account of the previous year must be
presented to the Permanent Committee of the Congress within
the first ten days of June.
The deadline for presentation of revenue bills and
proposed budgets of expenditures, as well as of the Public
Account, may be extended only by request of the Executive
for a justified reason in the opinion of the Chamber or of
the Permanent Committee, with the presence in any case of
the pertinent cabinet secretary to report on the reasons
therefor.
V. To take cognizance of accusations against public
officials mentioned in, this Constitution, for official
crimes, and when pertinent to present impeachments before
the Chamber of Senators; and to constitute itself as a
grand jury in order to decide whether or not to proceed
against any of the public officials who enjoy constitu-
tional privilege, when they are accused of common crimes;
VI.1/ To grant or refuse its approval of appointments
of magistrates of the superior court of justice of the
Federal District submitted to it by the President of the
Republic;
VII.2/ To declare justified or unjustified the peti-
tions for removal of judicial authorities made by the
President of the Republic, under the terms of. the final
part of Article 111; and
VIII. Any others which this Constitution expressly
confers upon it.
Article 75. The Chamber of Deputies, upon approving
the budget of expenditures, may not fail to fix the remu-
neration which corresponds to an office which is estab-
lished by law; and in the event that for any reason it
fails to fix such remuneration, the amount fixed in the
previous budget or in the law which established the office
shall be understood to be designated.
1/ As amended by decree published in the Diario Ofi-
cial of October 8, 1974.
2/ Added by decree published on December 20, 1928.
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56 Constitution of Mexico
Article 76. The exclusive powers of the Senate are:
To analyze the foreign policy developed by the
Federal Executive on the basis of the annual reports which
the President of the Republic and the pertinent cabinet
secretary submit to Congress; furthermore, to approve the
treaties and diplomatic conventions made by the Executive
of the Union;
11.2/ To ratify
makes of ministers,
high-level employees
high-ranking chiefs
force, in accordance
the appointments which said official
diplomatic agents, consuls general,
of the Treasury, colonels and other
of the national army, navy and air
with provisions of law;
III. To authorize him also to permit the departure of
national troops beyond the borders of the country, the
passage of foreign troops through the national territory,
and the sojourn of squadrons of other powers for more than
one month in Mexican waters;
IV.3/ To give its consent for the President of the
Republic to order the national guard outside of its
respective States, fixing the necessary force;
V. To declare, whenever all the constitutional powers
of a State have disappeared, that the instance has arisen
for appointing a provisional governor, who shall call elec-
tions in accordance with the constitutional laws of the
said State. The appointment of a governor shall be made by
the Senate from a list of three proposed by the President
of the Republic, with the approval of two thirds of the
members present, and during adjournments, by the Permanent
Committee, according to the same rules. The official thus
appointed cannot be elected constitutional governor in the
elections held pursuant to the call which he issues. This
provision shall govern whenever the constitution of a State
does not make provision for such cases;
1/ As amended by decree
cial of December 6, 1977 and
following day.
2/ As amended by decree
19447
published in the Diario Ofi-
entered into force on the
published on February 10,
3/ As amended by decree published on October 8, 1974.
VI. T1
between the
apply to th
of such que
rupted by
shall decla
eral Constil
The law
foregoing pc
VII. T
cognizance 1
Constitutior
VIII.1/
ments of mil
Nation, and
resignations
the Republic
IX.1/
for removal
of the Repub
Article 111;
X. Any 4
Article
vent ion of ti
I. Die
internal org
II. Cou
with the Exe(
own body;
III. Ai
prescribe thE
IV. Issi
purpose of fi
1/ Addec
August 20, 19
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-
the
:hich
.)inet
- the
:tive
.cial
tral,
:ther
air
e of
the
oTY,
than
the
its
vers
isen
lee-
the
e by
lent
the
aent
thus
the
7ftis
tate
/li-
the
Constitution of Mexico 57
VI. To settle political questions which may arise
between the powers of a State, whenever any of them shall
apply to the Senate for the purpose, or whenever, by reason
of such questions, the constitutional order shall be,inter-
rupted by an armed conflict. In this event the Senate
shall declare its decision, subjecting itself to the Gen-
eral Constitution of the Republic and to that of the State.
The law shall regulate the exercise of this and of the
foregoing powers.
VII. To constitute itself as a grand jury to take
cognizance of official crimes of the officials which this
Constitution expressly designates;
VIII.1/ To grant or deny its approval of the appoint-
ments of ministersof the Supreme Court of Justice of the
Nation, and of requests for leaves of absence and of the
resignations of these officials, which the President of
the Republic may submit to it;
IX.1/ To declare justified or not justified petitions
for removal of judicial authorities made by the President
of the Republic, under the provisions of the final part of
Article 111; and
X. Any others which this Constitution may assign to it.
Article 77. Each of the chambers, without the inter-
vention of the other, may:
I. Dictate economic resolutions relating to its
internal organization;
II. Communicte with the co-legislative chamber and
with the Executive of the Union, through committees of its
own body;
III. Appoint the employees of its secretariat and
prescribe the internal regulations thereof, and
IV. Issue a call for extraordinary elections for the
purpose of filling vacancies of. its respective members.
1/ Added by decree published in the Diario Oficial of
August 20, 1928.
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58 Constitution of Mexico
Section IV
The Permanent Committee
Article 78. During the adjournment of Congress there
shall be a Permanent Committee composed of twenty-nine
members, of whom fifteen shall be deputies and fourteen
senators, appointed by their respective chambers on the
eve of the close of the sessions. For each member the
chambers shall choose an alternate from among their
members present.
Article 79. The Permanent Committee, in addition to
those which this Constitution expressly confers upon it,
shall have the following powers:
I. To give its consent for the use of the national
guard, in the cases mentioned in Article 76, section IV;
V.1/
ministers
superior
of reques
court whi
VI .2/
the Prei-i
ad interi
VII.3
dent of
consuls
colonels
army, nav
of law;
II.1/ To administer the affirmation or oath of office IX.4/
(protesta) of the President of the Republic, the members
of the Supreme Court of Justice of the Nation, and the
magistrates of the Federal District;
111.2/ To decide on matters within its competence;
during the adjournment of the Congress of the Union, to
receive the bills introduced and proposals addressed to
the chambers and schedule them for action in the commit-
tees of the chamber to which they are addressed, so that
they may be acted upon at the next session;
IV.3/ To issue on its own motion or on the proposal
of the Executive, the convocation of the Congress or of a
single chamber to extraordinary sessions, in both cases
the vote of two thirds of the individuals present being
necessary. The call shall set forth the purpose or pur-
poses of the extraordinary sessions;
1/ As amended by decree published in the Diario Ofi-
cial of October 8, 1974.
2/ As amended by decree published on October 21, 1966
and entered into force three days later.
3/' As amended by decree published on November 24,
1923.
Artic
power of
designate(
Artic:
direct an
Articl
I. T
enjoyment
birth.
1/ A(
October 8,
2/ Ad
3/ Ad
27/ De
37 As
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Constitution of Mexico 59
V.1/ To grant or deny its approval of appointments of
ministers of the Supreme Court and magistrates of the
superior court of justice of the Federal District, and also
of requests for leaves of absence of the ministers of the
court which the President of the Republic may submit to it;
VI.2/ To grant a leave of absence for thirty days to
the President of the Republic and to appoint a President
ad interim during such absence;
VII.3/ To ratify the appointments made by the Presi-
dent of theRepublic as ministers, diplomatic agents,
70 consuls general, high-level employees of the Treasury,
colonels and other high-ranking officers of the national
army, navy, and air force, in accordance with provisions
of law;
VIII.4/ [Deleted].
IX.4/ [Deleted].
Chapter III
The Executive Branch
Article 80. The exercise of the supreme executive
power of the Union is vested in a single individual who is
designated "President of the United Mexican States."
Article 81. The election of the President shall be
direct and under the terms prescribed by the Electoral Law.
Article 82.5/ In order to be President it is required:
I. To be a Mexican citizen by birth, in the full
enjoyment of his rights, and the son of Mexican parents by
birth.
1/ Added by decree published in the Diario Oficial of
October 8, 1974.
2/ Added by decree published on April 29, 1933.
J./ Added by decree published on October 21, 1966.
47 Deleted by decree published on October 8, 1974.
37 As amended by decree published on January 22, 1927.
? _
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60 Constitution of Mexico
II. To have attained 35 years of age at the time of
the election;
III. To have resided in the country during the entire
year prior to the day of the election;
IV. Not to possess ecclesiastic status nor be a
minister of any cult;
V.1/ Not to be in active service, in case of belong-
ing to the army, within six months prior to the day of the
election;
VI.2/ Not to be a Secretary or Undersecretary of
_
State, chief or secretary general of an administrative
agency, Attorney General of the Republic, nor the governor
of any State, unless he shall have resigned such position
six months prior to the day of the election;
VII. Not to be included within any of the grounds
for incpacity indicated in Article 83;
Article 83.3/ The President shall assume the duties
of office on the first of December for a term of six years.
A citizen who has held the office of President of the
Republic, by popular election or by appointment as ad
interim, provisional, or substitute President, can in no
case and for no reason again hold that office.
Article 84.3/ In the event of the absolute disa-
bility of the President of the Republic, occurring during
the first two years of his term, if the Congress is in
session, it shall immediately constitute itself as an
electoral college, and if there is at least two thirds of
the total membership present, it shall designate by secret
ballot, and by an absolute majority of votes, an interim
President; the same Congress shall issue, within ten days
following the designation of the interim President, a call
for the election of a President to complete the respective
term; between the date of the call and that designated for
1/ As amended by decree published in the Diario Ofi-
cial of January 8, 1943.
2/ As amended by decrees published on January 8, 1943
and October 8, 1974.
3/ As amended by decree published on April 29, 1933.
holding
than lot
If
mittee
and shal
that it
issue ti
the prec
Whe
last fou
it shal;
term; if
mittee
convoke'
it may (
the sub
Art
tional p
or if t
declared
ended sh
executiv
the Cons
Congress
manent
proceedi
article.
Whe
the Conl
Committe
function
Whe
the Cons
shall cc
order th
the case
If
cedure d?
1/
ciarof
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ie of
entire
be a
selong-
af the
ary o
:rative
:7ernor
:sition
;rounds
aties
years.
of the
as ad
in no
disa-
during
is in
as an
_rds of
secret
iaterim
,a days
a call
zective
:ed for
o Ofi-
3, 1943
1933.
Constitution of Mexico 61
holding the election, there must be an interval of not less
than fourteen months nor more than eighteen.
If the Congress is not in session, the Permanent Com-
mittee shall immediately designate a provisional President
and shall call Congress in extraordinary session in order
that it, in turn, may designate an interim President and
issue the call for presidential elections as indicated in,
the preceding paragraph.
When the disability of the President occurs within the
last four years of his term, if the Congress is in session,
it shall designate a substitute President to complete the
term; if the Congress is not in session, the Permanent Com-
mittee shall designate a provisional President and shall
convoke the Congress in extraordinary session in order that
it may constitute itself as an electoral college and elect
the substitute President.
Article 85.1/ If at the commencement of a constitu-
tional period the President-elect does not present himself,
or if the elections have not been held and the results
declared on December first, the President whose term las
ended shall nevertheless cease to function, and at once the
executive power shall be entrusted to an individual whom
the Congress shall designate As interim President, or if
Congress is not in session, to an individual whom the Per-
manent Committee shall designate as provisional President,
proceeding according to the provisions of the preceding
article.
When the disability of the President is temporary,
the Congress, if in session, or if not, the Permanent
Committee, shall designate an interim President to
function during the period of the disability.
When the disability is for more than thirty days and
the Congress is not in session, the Permanent Committee
shall convoke an extraordinary session of the Congress in
order that it may decide upon the leave of absence, or as
the case may be, designate an interim President.
If the temporary disability becomes absolute, the pro-
cedure described in the preceding article shall be observed.
1/ As amended by decree published in the Diario Ofi-
cial of April 29, 1933.
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62 Constitution of Mexico 117,c,
Article 86. The office of President of the Republic
can be resigned only for grave cause, which shall be passed
upon by the Congress of the Union, to which the resignation
must be presented.
Article 87. Upon taking office, the President shall
make before the Congress of the Union, or if in adjourn-
ment, before the Permanent Committee, the following
affirmation: "I solemnly promise that I will observe and
enforce the Political Constitution of the United Mexican
States and the laws enacted in pursuance thereof, and that
I will faithfully and patriotically discharge the office
of President of the Republic which the people have con-
ferred upon me, in all ways looking to the welfare and
prosperity of the Union; and if I should not do so may the
Nation demand it of me."
Article 88.1/ The president of the Republic may
not absent himself from the national territory without the
permission of the Congress of the Union or of the Permanent
Committee, as the case may be.
Article 89. The powers and duties of the President
are the following:
I. To promulgate and execute the laws enacted by the
Congress of the Union, providing for their exact enforce-
ment in the administrative sphere.
_
11.2/ To appoint and remove freely the secretaries of
the Cabinet, the Attorney General of the Republic, the
governor of the Federal District, the attorney general of
the Federal District, to remove diplomatic agents and high-
level employees of the Treasury, and to appoint and remove
freely all other employees of the Union whose appointment
or removal is not otherwise provided for in the Constitu-
tion or by law;
III. To appoint ministers, diplomatic agents, and
consuls general, with the approval of the Senate;
1/ As amended by decree published in the Diario Ofi-
cial of October 21, 1966.
, 2/ - As amended by decree published on October 8, 1974.
IV.
the co]
navy, a
Treasur]
V.1,
and air
VI..'
includir
for int
eration;
VII.
purposes
cle 76;
VIII
States,
Union;
IX. 2.
X. '
with for
of the f(
XI.3i
when the
XII.
ance it
functions
XIII.
and front
XIV .4
nals conl
federal c
the Feder,
1/ A
cial of F(
2/ D(
3/ Af
4/ Af
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.blic
.ssed
.tion
:hall
)urn-
.wing
and
:ican
that
ffice
eon-
_ and
- the
may
1 the
inent
ident
the
3rce-
qf
the
of
ugh-
:meet
:itu-
, Constitution of Mexico 63
IV.!! To appoint, with the approval of the Senate,
the colonels and other high-ranking officers of the army,
navy, and air force, and the high-level employees of the
Treasury;
V.1/ To appoint the other officers of the army, navy,
and acr force, as provided by law;
VI.!! To dispose of the entire permanent armed forces,
including the land forces, the sea force and the air force
for internal security and exterior defense of the Fed-
eration;
VII. To dispose of the national guard for the same
purposes, under the terms indicated in section IV of Arti-
cle 76;
VIII. To declare war in the name of the United Mexican
States, pursuant to a previous law of the Congress of the
Union;
IX.2/ [Deleted];
X. To direct diplomatic negotiations and make treaties
with foreign powers, submitting them to the ratification
of the federal Congress;
XI.3/ To convoke the Congress in extraordinary session
when the Permanent Committee so resolves;
XII. To give to the judicial branch whatever assist-
ance it may need for the expeditious exercise of its
functions;
XIII. To open all classes of ports, establish maritime
and frontier custom houses, and designate their location;
XIV.4/ To grant, according to law, pardons to crimi-
nals convicted of crimes within the jurisdiction of the
federal courts, and to those convicted of common crimes in
the Federal District;
Ofi- 1/ As amended by decree published in the Diario Ofi-
cial of February 10, 1944.
1974. 2/ Deleted by decree published on October 21, 1966.-
As amended by decree published on November 24, 1923.
4./ As amended by decree published on October 8, 1974.
-
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64 Constitution of Mexico
XV. To grant exclusive privileges, for a limited time,
in accordance with the respective law, to discoverers,
inventors, or improvers in any branch of industry;
XVI.!/ When the Chamber of Senators is not in session,
the President of the Republic may make the appointments
mentioned in sections III and IV, with the approval of the
Permanent Committee;
XVII.2/ To appoint justices of the Superior Court of
Justice of the Federal District and submit the appointments
to the approval of the Chamber of Deputies, or to the
Permanent Committee, as the case may be;
XVIII.3/ To appoint the ministers of the Supreme Court
of Justice and submit such appointments, leaves of absence,
and resignations to the approval of the Chamber of Sena-
tors, or to the Permanent Committee, as the case may be;
XIX.3/ To request the removal, for bad conduct, of the
judicial authoritiesreferred to in the final part of Arti-
cle 111;
XX. And all others expressly conferred on him by this
Constitution.
Article 90. For the dispatch of the administrative
business of the Federation, there shall be the number of
secretaries that the Congress shall establish by law,
which shall distribute the business to be entrusted to
each Secretariat.
Article 91. To be a secretary of the Cabinet (Secreta-
rio del Despacho), the requirements are: to be a Mexican
citizen by birth, to be in exercise of one's rights, and
be at least thirty years of age.
Article 92. All regulations, decrees, and orders of
the President must be signed. by the Secretary of the
1/ As amended by decree published in the Diario Ofi-
cial of October 21, 1966.
2/ Added by decree published on August 20, 1928, and
amended by decree published on October 8, 1974.
3/ Added by decree published on August 20, 1928 and
entered into force on December 20, 1928.
Cabinet it
which the
shall not
of the Pre
District a
directly b
and to the
Articl
opened, tt
the admini
gress on i
of the Ch
the chiefs
directors
agencies
majority r
under disc
their resp
The cl
members it
of senatol
gate the
The result
the Federa
Artic]
vested in
a body in
of appeal,
The S
sist of V
ters, and
1/ A
cial. of J.
2/ i
which ent
3/ A
1944, Feb
into forc
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a
Constitution of Mexico 65
Cabinet in charge of the branch (of administration) to
which the matter pertains, and without this requisite they
shall not be obeyed. The regulations, decrees, and orders
of the President relating to the government of the Federal
District and to the administrative agencies shall be sent
directly by the President to the governor of the District
and to the chief of the respective agency.
Article 93.1/ As soon as the regular session is
opened, the secretaries of the Cabinet and the chiefs of
the administrative agencies shall give a report to the Con-
gress on the state of their respective branches. Either
of the Chambers may summon the secretaries of state and
the chiefs of the administrative agencies, as well as the
directors and administrators of the decentralized federal
agencies or of the enterprises in which the State has
majority participation, for information, whenever a law is
under discussion or a matter is being studied relating to
their respective fields or activities.
The chambers, at the request of one fourth of their
members in the case of deputies, and one half in the case
of senators, have the power to form committees to investi-
gate the operations of the above agencies and enterprises.
The results of the investigations shall be made known to
the Federal Executive.2/
Chapter IV
The Judicial Branch
Article 94.3/ The judicial power of the Federation is
vested in a Supreme Court of Justice, in circuit courts, as
a body in matters of amparo and as single judges in matters
of appeal, and in district courts.
The Supreme Court of Justice of the Nation shall con-
sist of twenty-one ministers and-five supernumerary minis-
ters, and shall function as a full court (en tribunal pleno)
1/ As amended by decree published in the Diario Ofi-
cial?of January 31, 1974.
2/ Added by decree published on December 6, 1977,
whicT, entered into force on the following day.
3/ As amended by decrees published on September 21,
19447 February 19, 1951 and October 25, 1967 which entered
into force on October 28, 1967.
?
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66 Constitution of Mexico
or divided into sections (sales). The supernumerary minis-
ters shall form part of the full court whenever they sub-
stitute for the regular ministers. Within the terms of the
provisions of the law, hearings of the full court or of the
sections shall be public, with the exception of cases in
which morals or the public interest require secrecy.
The jurisdiction of the Supreme Court, the terms of
its sessions, the administration of the Supreme Court in
full court or in sections, the powers and duties of the
ministers, the number and jurisdiction of the circuit and
district courts, and the liabilities of the officials and
employees of the judicial power of the Federation shall be
governed by this Constitution and provisions of law.
The law shall establish the terms or conditions on
which the jurisprudence established by the courts of the
judicial power of the Federation over the interpretation of
the Constitution, federal and local laws and regulations,
and international treaties signed by the Mexican State, as
well as the requirements for its interruption and amend-
ment, Will be mandatory.
The renumeration received by the ministers of the
Supreme Court, the circuit magistrates and the district
judges for their services may not be reduced during their
term of office.
The ministers of the Supreme Court of Justice may be
removed from office only when they are guilty of mis-
conduct, in accordance with the procedure indicated in the
final part of Article 111 of this Constitution or following
impeachment proceedings.
Article 95. To be elected minister of the Supreme
Court of Justice, it is necessary:
I. To be a Mexican citizen by birth, in full exercise
of political and civil rights;
II. Not to be over sixty-five nor less than thirty-
five years of age on the day of the election;
III.1/ To have held on the day of the election the
professional degree of lawyer for a minimum of five years,
/ As amended by decree published in the Diario Ofi-
cial of December 15, 1934.
issued by
- do so;
IV. I
convicted
than one y
abuse of c
his good n
qualified
V. To
years, exc
Republic C
Articl
Supreme Col
lic and s
Senators,
unalterabl(
decide wid
ered as api
justices o
of the Rept
Chamber oi
appointment
Republic s
became eff(
be submitt(
session. /3
Senate musi
it, or talcs
ally shall
rejects thi
cease to ac
a new appo
manner indi
Article
judges shal
of the Nati
requires,
1/ As
cial-of Dec
2/ As
February 15
force on th
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ry minis-
:hey sub-
ms of the
or of the
cases in
y.
terms of
Court in
.s of the
rcuit and
:ials and
shall be
v.
:ions on
sof the
:ation of
Llations,
;tate, as
d amend-
of the
district
'ng their
a may be
of mis-
in the
Alowing
Supreme
exercise
thirty-
ion the
years,
io Ofi-
Constitution of Mexico 67
issued by an authority or corporation legally empowered to
do so;
IV. To enjoy a good reputation and not to have been
convicted of a crime punishable by imprisonment of more
than one year; but if it concerned robbery, fraud, forgery,
abuse of confidence or other crime which seriously injures
his good name as conceived by the public, he shall be dis-
qualified for the office whatever the penalty may have been;
V. To have resided in the country during the last five
years, except in case of absence in the service of the
Republic for a period of less than six months.
Article 96.1/ Appointments of the ministers of the
Supreme Court shall be made by the President of the Repub-
lic and submitted to the approval of the Chamber of
Senators, which shall grant or deny approval within the
unalterable period of ten days. If the Chamber fails to
decide within that time, the appointments shall be consid-
ered as approved. Without the approval of the Senate, the
justices of the Supreme Court appointed by the President
of the Republic cannot take office. In the event that the
Chamber of Senators does not approve two successive
appointments for the same vacancy, the President of the
Republic shall make a third appointment, which shall
become effective at once as provisional, and which shall
be submitted to the said Chamber at the following regular
session. At such sessions, within the first ten days, the
Senate must approve the appointment, and if it approves
it, or takes no decision, the justice appointed provision-
ally shall continue in office permanently. If the Senate
rejects the appointment, the provisional minister shall
cease to act and the President of the Republic shall submit
a new appointment to the approval of the Senate, in the
manner indicated.
Article 97.2/ The circuit magistrates and district
judges shall be appointed by the Supreme Court of Justice
of the Nation, shall have the qualifications which the law
requires, and shall hold office for four years, at the
1/ As amended by decree published in the Diana Ofi-
cial-Of December 20, 1928.
2/ As amended by decrees published on August 20, 1928,
February 15, 1951, and December 2, 1977, which entered into
force on the following day.
?
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68 Constitution of Mexico
expiration of which, if they are reelected or elevated to
a higher position, they may be removed from office only if
guilty of bad conduct, in accordance with the final part
of Article 111 or after judgment of their corresponding
liability.
The Supreme Court of Justice may also change the seat
of the district judges, transferring them from one district
to another, or fixing their residence in another town, as
it may deem convenient for better public service. The
same may be done with respect to circuit magistrates.
The Supreme Court of Justice of the Nation may also
appoint supernumerary circuit magistrates and district
judges to assist in the work of the courts and tribunals
where there is an excess of business, in order to provide
for prompt and expeditious administration of justice; and
it shall appoint one or more of its members, or some dis-
trict judge or circuit magistrate, or designate one or
more special commissioners, when deemed advisable, or if
the federal Executive or one of the chambers of Congress,
or the governor of a State so requests, solely to investi-
gate the conduct of any federal judge or magistrate, or
any act or acts which may constitute a violation of any
individual guarantee.
The Supreme Court of Justice is empowered to inquire
on its own initiative into the facts relating to viola-
tions committed in public elections, but only in cases
which in its opinion could put in doubt the legality of
the entire process of election of one of the Powers of the
Union. The result of the investigation shall be made known
in due time to the competent organs.
The circuit courts and district courts shall be dis-
tributed among the ministers of the Supreme Court, who
shall visit them periodically, observe the conduct of the
magistrates and judges presiding over them, hear complaints
presented against such officials, and perform any other
duties prescribed by law. The Supreme Court of Justice may
freely appoint and remove its clerk and any other employees
serving it, with strict observance of the appropriate law.
In the same way, the circuit magistrates and district
judges shall appoint and remove their respective clerks and
employees.1/
1/ As amended by decree published in the Diario Ofi-
cial of September 11, 1940.
The
one of it
tion.
Each
assuming
the Perm
in the fo
Presi,
faithfull,
ter of ti
has been
enforce t
States an
ways looki
Minist
Presid
you to acc
The ci
their affii
authority o
Articli
rice of th
shall be r
exceeds on
submit the
approval o
Committee,
final part
In the
reason, of
submit a nE
the Senate
give its a,
tive approy
The su
shall remai
1/ As
cial of Aug
1967, which
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ated to
only if
aI part
pooding
ie seat
:strict
1.1n, as
The
:7 also
:strict
:hunals
orovide
:e; and
me dis-
one or
or if
mgress,
ivesti-
te, or
of any
nquire
viola-
cases
ity of
of the
known
a dis-'
:, who
of the
laints
other
ze may
loyees
a law.
strict
is. and
Constitution of Mexico 69
The Supreme Court of Justice shall designate each year
one of its members as president, with the right of reelec-
tion.
Each minister of the Supreme Court of Justice, on
assuming office, shall affirm before the Senate, or before
the Permanent Committee if the former is in adjournment,
in the following form:
President: "Do you solemnly promise that you will
faithfully and patriotically discharge the office of Minis-
ter of the Supreme Court of Justice of the Nation which
has been conferred upon you, and that you will observe and
enforce the Political Constitution of the United Mexican
States and the laws enacted in pursuance thereof, in all
ways looking to the welfare and prosperity of the Union?"
Minister: "Yes, I promise.
President: "If you fail to do so, may the Nation call
you to account."
The circuit magistrates and district judges shall make
their affirmation before the Supreme Court or before an
authority designated by law.
Article 98.1/ Ministers of the Supreme Court of Jus-
Lice of the Nation who are temporarily absent from office
shall be replaced by the supernumeraries. If the absence
exceeds one month, the President of the Republic shall
submit the appointment of a provisional minister to the
approval of the Senate, or if adjourned, to the Permanent
Committee, observing, in that case, the provisions of the
final part of Article 96 of this Constitution.
In the event of the death or resignation for any
reason, of a minister, the President of the Republic shall
submit a new appointment to the approval of the Senate. If
the Senate is not in session, the Permanent Committee shall
give its approval, until the former meets to give defini-
tive approval.
The supernumeraries replacing the regular minister
shall remain at their posts until the minister appointed
1/ As amended by decrees published in the Diario Oft-
) Ofi- cial of August 20, 1928, February 19, 1951 and October 25,
1967, which entered into force on October 28, 1967.
n-r+
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70 Constitution of Mexico
by the President of the Republic takes office either on a
provisional or definitive basis.
Article 99.1/ Resignation of ministers of the Supreme
Court of Justice may be submitted only for serious reasons;
they shall be submitted to the Executive, and if he accepts
them they shall be sent to the Senate for approval, or if
adjourned to the Permanent Committee.
Article 100.2/ Leaves of absence of ministers, when
they do not exceed one month, shall be granted by the
Supreme Court of Justice of the Nation; those that exceed
that time shall be granted by the President of the Repub-
lic, with the approval of the Senate, or during its
adjournment, or the Permanent Committee. No leave of
absence shall exceed the term of two years.
Article 101. The ministers of the Supreme Court of
Justice, the circuit magistrates, the district judges, and
their respective clerks may not in any case accept and hold
employment or office of the Federation, the States, or of
a private nature, except honorary positions in scientific,
literary, or charitable associations. Violation of this
provision shall be punishable by loss of office.
Article 102.3/ The law shall organize a public minis-
try of the Federation, the officials of which shall be
appointed and removed by the Executive, in accordance with
the respective law, and which shall be presided over by an
attornery general (procurador general), who shall have the
same qualifications as those required to be minister of
the Supreme Court of Justice.
The prosecution before the courts of all federal
offenses shall be the duty of the public ministry of the
Federation; and, therefore, it shall request orders of
arrest for offenders; procure and present evidence as to
their liability; see that trials are conducted with due
regularity in order that the administration of justice may
be prompt and efficient; request the imposition of sentence;
and intervene in all matters that the law may determine.
1/ As amended by decree published on August 20, 1928,
which entered into force on December 20, 1928.
2/ As amended by decrees published on August 20, 1928
and October 25, 1967.
'3/ As amended by decrees published in the Diario Ofi-
cial of September 11, 1940 and October 25, 1967.
Th
interv
of the
tween
inter vi
mat ter
affect:
cases
Fede rat
The
the Goi
sible I
may inc
Art
trovers
r.
individi
restrict
States;
IlL
invade t
Arti
tion ove
I.
that an
laws or
ever su
private
the Stat
diction,
the cour
higher ci
1/
cial of
second p,
8, 1974.
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=r on a
Supreme
easons;
accepts
. or if
, when
the
exceed
Repub-
-_-1g its
Ive of
Irt of
s, and
hold
or of
if Ic,
i this
minis-
be
^ vith
by an
? the
:er of
ederal
the
7S of
as to
due
:e may
mtence;
1928,
Constitution of Mexico 71
The Attorney General of the Republic shall personally
intervene in all controversies between two or more States
of the Union, between a State and the Federation, or be-
tween the powers of one State. The Attorney General may
intervene in person or through one of his agents in all
matters in which the Federation is a party, in cases
affecting diplomats and consuls general, and in all other
cases where the intervention of the public ministry of
Federation is necessary.
The Attorney General shall be the legal counselor of
the Government. Both he and his agents shall be respon-
sible for every offense, omission, or violation that they
may incur in the discharge of their duties.
Article 103. The federal courts shall decide all con-
troversies that arise:
I. Out of law or acts of the authorities that violate
individual guarantees;
II. Because of laws or acts of the federal authority
restricting or encroaching on the sovereignty of the
States;
III. Because of laws or acts of State authorities that
invade the sphere of federal authority.
?
Article 104.1/ The federal courts shall have jurisdic-
tion over:
I. All controversies of a civil or criminal nature
that arise from the enforcement and application of federal
laws or from treaties signed by the Mexican State. When-
ever such controversies affect only the interests of
private parties, the regular local judges and courts of
the States or the Federal District may also assume juris-
diction, at the election of the plaintiff. Judgments of
the courts of first instance may be appealed to the next
higher court above that in which the case was first heard.
1/ As amended by decrees published in the Diario Of i-
1928 ciaf-of January 18, 1934, December 30, 1946 (by which the
second paragraph was added), October 25, 1967 and October
,Ofi- 8, 1974.
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72
Constitution of Mexico
Federal laws may institute contentious-administrative
courts with full autonomy to render their decisions and
charged with the responsibility for settling controversies
arising between the federal public administration or the
Federal District and private parties, and establishing
rules for their organization, administration, proceedings
and recourse.
Recourse to the Supreme Court of Justice of final
decisions of administrative courts is permissible only in
those cases indicated in the federal laws and provided,
that such decisions were taken as a result of recourse to
the contentious-administrative jurisdiction.
Recourse shall be subject to the procedure established
in the regulatory law of Articles 103 and 107 of this Con-
stitution for the review of decisions in indirect amparo,
and the decision rendered by the Supreme Court of Justice
in the course of review will be subject to the rules gov-
erning the finality and enforcement of the judgments of
amparo.
II. All controversies that involve admiralty law;
III. Those in which the Federation is a party;
IV. Those that arise between two or more States, or
one State and the Fecleration, and those that arise between
courts of the Federal District and those of the Federation
or a State;
V. Those that arise between a State and one or more
residents in another State;
VI. All cases that involve members of the diplomatic
and consular corps.
Article 105.1/ The Supreme Court of Justice of the
Nation has exclusive jurisdiction in all controversies that
arise between two or more States, between the powers of one
State concerning the constitutionality of their acts, and
in disputes between the Federation and one or more States,
as well as those in which the Federation is a party
according to the law.
1/ As amended by decree published in the Diario Ofi-
ciai-of October 25, 1967.
An
wise h
that a
latter
and thc
Art
103 sha
prescri
I.
instanc,
only pr
redress
complair
as to th
A d(
the act
tional 1
Justice.
A de
criminal
putes, w
violatior
without
the trial
to the ca
A de:
amparo ti
or legal
of the
Const itut
In tr
or could
1/ A
cial of Fi
20, 1951.
2/ pi
1974?, whic
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Constitution of Mexico
73
rative Article 106. The Supreme Court of Justice shall like-
s and wise have the power to settle questions of jurisdiction
ersies that arise between courts of the Federation, between the
:t the latter and State courts, or between the courts of one State
ishing and those of another.
edings
Article 107.1/ All controversies mentioned in Article
.103 shall be subject to the legal formalities and procedure
final prescribed by law, on the following bases:
:Ay in
.ovided I. A trial in amparo shall always be held at the
rse to instance of the injured party.
II. The judgment shall always be. such that it affects
only private individuals, being limited to affording them
Con- redress and protection in the special case to which the
2T2211, -complaint refers, without making any general declaration
Tustice as to the law or act on which the complaint is based.
3 gov-
mts of A defect in the complaint may be corrected Whenever
the act complained of is based on laws declared unconstitu-
tional by 'previous decisions of the Supreme Court of
Justice.
A defect in the complaint may also be corrected in
criminal matters and in behalf of workers in labor dis-
es, or putes, when it is found that there has been a manifest
etween violation of the law against the injured party who is left
ration without defense, and in criminal matters, likewise, when
the trial has been based on a law not precisely applicable
to the case.
7 more
A defect in the complaint may also be corrected. in
amparo trials against acts affecting the rights of minors
or legal incompetents, in Accordance with the provisions
of the Law regulating Articles 103 and. 107 of this
Constitution.2/
the
; that In trials in amparo which contest acts that resulted
7f one or could result in depriving ejidos or population groups,
, and
:axes,
party
1/ As amended by decree published in the Diario Ofi-
cial of February 19, 1951 which entered into force on May
20, 1951.
2/ Paragraph added by decree published on March 20,
of 19747 which entered into force 30 days later.
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74 Constitution of Mexico
or members of an ejido or communal holders having a de
facto or de jure communal status, from ownership or posses-
sion and enjoyment of their lands, waters, pastures, and
woodlands, defects in the complaint must be corrected as
provided in the regulatory law provided in Articles 103
and 107 of this Constitution; and there shall be no dis-
missal due to inactivity or lapse of the legal action; nor
shall there be any voluntary dismissal when the rights of
ejidos or communal population groups are affected.1/
111.2/ In judicial, administrative or labor matters a
writ of amparo shall be granted only:
a.
STAT
Against final judgmeilt! or_a_warsis_agains_t_whic.h_no
ordinary recourse is available by virtue of which
these faagirlain---Oan-beiTied or amended, whether
the viplation of the law is committed in the judg-
ments or awards, or whether, if committed during the
course of the trial, the violation prejudices the
petitioner's defense to the extent of affecting the
judgment; provided that in civil matters timely
objection in the course of the proceedings was made
against it by regular means established by law and
claimed as a grievance in the second instance if it
was committed in the first.. These requisites do
not apply when amparo is sought against judgments
decreed in controversies involving acts of the civil
status or which affect the order and stability of
the family;
b. Against acts at the trial, the execution of which
would be irreparable out of court, or at the con-
clusion of the trial once all available recourses
have been exhausted;
c. Against acts that affect persons who are not par-
ties to the trial.
1/ Paragraph added by decree published on November 2,
1962, and later amended by decree published on October 25,
1967, which entered into force on October 28, 1968.
2/ Amended by decree published on October 25, 1967,
which entered into force on October 28, 1968.
IV.1/
against de
remedied ti
shall not
law that e:
the contes
regulatory
for orderin
V.1/
awards, for
trial or co
for directl
appropriate
cuito), acc
lished by t
Federation ,
of this Cone
a. In
decre
Judic
court
b. In a
decrei
court:
alter(
c. In ci
testec
trialE
decisi
common
In ci
decisi
partie
patrim
1/ As an
cial of Octo
October 28,
into force on
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Constitution of Mexico
75
IV.1/ In administrative matters, amparo may be invoked
against decisions which cause a grievance that cannot be
remedied through any legal recourse, trial, or defense. It
shall not be necessary to exhaust these remedies when the
law that established them, in authorizing the suspension of
the contested act, demands greater requirements than the
regulatory law for trials in amparo requires as a condition
for ordering such suspension.
V.I/ A writ of amparo against final decisions or
awards, for violations committed during the course of the
trial or contained in the decision itself, shall be applied
for directly to the Supreme Court of Justice or to the
appropriate Full Circuit Court (Tribunal Colegiado de Cir-
cuito), according to the allotment of jurisdiction estab-
lished by the Organic Law of the Judicial Branch of the
Federation or by the law regulating Articles 103 and 107
of this Constitution, in the following cases:
a. In criminal matters, against final decisions
decreed by federal judicial courts (Tribunales
Judiciales del Fuero Federal), including military
courts;
b. In administrative matters, when final decisions,
decreed by federal, administrative or judicial
courts are contested, which decisions cannot be
altered by any available recourse;
c. In civil matters, when final decisions are con-
tested which were decreed in federal or commercial
trials, whether the authority which decreed the
decision be federal or local, or in trials involving
common law questions;
In civil trials involving federal questions, the
decisions may be contested in amparo by any of the
parties, including the Federation in defense of its
patrimonial interest; and
1/ As amended by decree published in the'Diario Ofi-
cial of October 25, 1976, which entered into force on
October 28, 1962, and of August 6, 1968, which entered
into force on the following day.
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76 Constitution of Mexico
d. In labor matters, when awards are contested which
were decreed by local conciliation and arbitration
boards or by federal conciliation and arbitration
boards, or by the federal conciliation and arbitra-
tion court for the civil service.
VI.!! In the cases referred to in the preceding sec-
tion, the Law regulating Articles 103 and 107 of this
Constitution shall indicate the procedure and the terms to
which both the Supreme Court of Justice and the Full
Circuit Court shall submit themselves to decree their
respective decisions.
VII. When a writ of amparo is sought against acts at
the trial, outside the trial or after its conclusion, or
if persons foreign to the case are affected, against laws
or against acts of administrative authorities, application
shall be made to the district judge in whose jurisdiction
is located the place in which the act in question was
performed or was to be performed, and the procedure shall
be limited to the report from the authority in question,
to a hearing to which a single summons will include the
order for submission of the report and for evidence to be
presented by the interested parties and their allegations,
the judgment to be rendered at this same hearing.
VIII.!! Judgments in amparo rendered by district
judges are subject to review. The Supreme Court of Justice
will review such judgments in the following cases:
a. When a law is impugned as unconstitutional;
. When any of the cases included in sections II and
III of Article 103 of the Constitution are
concerned;
When regulations on federal matters issued by the
President of the Republic in accordance with
Article 89, section I, of this Constitution are
contested as unconstitutional;
1/ As amended by decree published in the Diario Ofi-
cial?of October 25, 1967, which entered into force on
October 28, 1968, and of August 6, 1968 which entered into
force on the following day.
d. Whl
thi
or1
e. WhE
isi
wit
Ia
f. Whe
of
In all
acts of adn
ance with s
of this Co
circuit co
recourse.!!
IX. De
circuit co
involves th(
direct intei
in which
Justice, 111
constitution'
A decisil
it is based 1
of Justice ,
direct inter
X. Cont
those cases
by law, with
nature of th
ing the clan
party by its
might cause
A suspen
. judgments in
of the appl:
1/ As a'
cial ?of Octob
STAT
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171.
which
itration
itration
arbitra-
4ng sec-
af this
:ems to
,:ne Full
their
acts at
ion, or
1st laws
lication
5diction
ion was
:e shall
tide the
e to be
;at ions,
iistrict
Justice
II and
aa are
by the
e with
ion are
io
Ofi-
rce on
ed into
Constitution of Mexico 77
d. When agrarian acts by any authority which affect
the collective rights or small holdings of ejidos
or communal groups are contested;
e. When the responsible authority against whom admin-
istrative amparo is granted is a federal authority,
with the jurisdictional limitations established by
law;
Whenever, in criminal cases, merely the violation
of Article 22 of this Constitution is alleged.
In all other cases, as well as in amparo case against
acts of administrative authorities constituted in accord-
ance with section VI, paragraphs one and two of Article 73
of this -Constitution, the review will be made by a full
circuit court and their decisions are not subject to
recourse .1/
IX. Decisions in direct amparo rendered by a full
circuit court are not reviewable unless the decision
involves the unconstitutionality of a law or establishes a
direct interpretation of a provision of the Constitution,
in which case it may be taken to the Supreme Court of
Justice, limited exclusively to the decision of actual
constitutional questions.
A decision of a full circuit court is not reviewable if
it is based on a precedent established by the Supreme Court
of Justice as to the constitutionality of a law or the
direct interpretation of a provision of the Constitution.
X. Contested acts may be subject to suspension in
those cases and under conditions and 'Y.uarantees specified
by law, with respect to which account shall be taken ot the
nature of the alleged violation, the difficulty or remedy-
ing the damages that might be incurred by the aggrieved
party by its performance, and damages that the suspension
might cause to third parties and the public interest.
A suspension must be granted with respect to final
judgments in criminal matters at the time notice is given
of the application for a writ of amparo, and in civil
1/ As amended by decree published in the Diario Ofi-
cial of October 8, 1974.
STAT
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78 Constitution of Mexico
those opi
matters when bond is posted by the complainant to cover tion befc
liability for damages occasioned by the suspension, but en bane,
this is waived if the other party gives countersecurity this inst
to ensure restoration of things as they were if amparo is paragraph
granted and to pay resulting damages. effect of
concrete
XI. The suspension shall be requested from the respon- ments in
sible authority, in the case of direct amparo before the
Supreme Court of Justice or the full circuit court, in XIV.li
which case the aggrieved party shall notify the responsible section I
authority, within the period fixed by law under affirmation nated witt
to tell the truth, of the claim for amparo, accompanied by will be d
two copies, one for use in the record and the other to be in those
delivered to the opposing party. In other cases, decisions regulatory
as to suspension shall be made by the district courts, change the
XII. Violation of the guarantees set forth in Article XV. I
16, in criminal matters, and Articles 19 and 20 may be of the fed
taken before the court above the one where it was corn- shall be
mitted, or before the appropriate district judge, and in abstain fr
either case the decision is reviewable in accordance with question L
the terms prescribed in section VIII.
XVI.
If the district iglge does_nat_reside_in the same place official p
as the respons, the law shall specify the attempts t,
\
judge bef5Fe-7Whqm.tha.writ--of--amparo-aa-to___be__presenre#, he shall
and. that_indgemay_provi..4,411ally suspend_the actin_ques- before the
tion, in those cases and _under_the terms established in
'the same law. . XVII.
the appropi
XIII.1/ If the full circuit courts sustain contra- act when-b
dictory opinions in amparo cases within their jurisdiction, illusory or
the ministers of the Supreme Court of Justice, the Attorney authority a
General of the Republic, those courts, or the parties to
the suits in which those opinions were sustained, may XVIII.
denounce the contradiCtion before the appropriate section, authorized
to decide which opinion shall prevail. arrested pe
Article 19,
When the sections of the Supreme Court of Justice posal of th
sustain contradictory. opinions in cases of amparo within the end of
their jurisdiction, any one section, the Attorney General within thre
of the Republic, or the parties to the suits in which
1/ As amended by decree published in the Diario
Oficial of October 25, 1967, which ented into force on
October 28, 1968.
1/ As
cial of Oct
the latter
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Constitution of Mexico 79
those opinions were sustained, may denounce the contradic-
tion before the Supreme Court of Justice, which, sitting
en banc, shall decide which opinion shall prevail. Both in
this instance and in the case provided for in the preceding
paragraph, the decision rendered shall be solely for the
effect of fixing the precedent and shall not affect the
concrete legal situation deriving from contradictory judg-
ments in the case in which they were rendered.
XIV.!! Except as provided in the final paragraph of
section II of this Article, when the contested act origi-
nated with civil or administrative authorities, proceedings
will be discontinued by inactivity of the aggrieved party
in those cases and according to terms indicated in the
regulatory law. The dismissal of the action shall not
change the appealed judgment.
XV. The Attorney General of the Republic, or an agent
of the federal public ministry appointed for the purpose,
shall be a party in all suits in amparo, but they may
abstain from intervening in such cases, if the matter in
question lacks public interest, in their opinion.
XVI. If after amparo is granted, the responsible
official persists in repetition of the contested act or
attempts to evade the decision of the federal authority,
he shall be immediately removed from office and taken
before the appropriate District Judge.
XVII. The responsible authority will be taken before
the appropriate authority whenever he fails to suspend the
act when bound to do so, and when he posts bond that is
illusory or insufficient, and in such cases the responsible
authority and bondsman are jointly and severally liable.
XVIII. Bailiffs and jailers who do not receive an
authorized copy of the order of imprisonment of an
arrested person within the seventy-two hours prescribed by
Article 19, counted,from the day the party was at the dis-
posal of the judge, must notify the judge of this fact at
the end of such period, and if the order is not received
within three hours, the prisoner shall be released.
1/ As amended by decrees published in the Diario Ofi-
cial-of October 25, 1967 and February 17, 1975, which in
the latter instance entered into force 30 days later.
?
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80 Constitution of Mexico
Anyone violating the article cited in this provision
will be immediately turned over to a competent authority.
Likewise, anyone who, after an arrest, does not take
the arrested person before a judge within twenty-four
hours, shall himself be turned over to such authority or
his agent.
If the detention takes place outside the locality in
?which the judge resides, sufficient time is to be added to
the above period to cover the distance involved.
TITLE IV
Responsibilities of Public Officials
Article 108. Senators and deputies of the Congress of
the Union, justices of the Supreme Court of Justice of the
Nation, secretaries of the Cabinet, and the Attorney
General of the Republic are liable for common crimes that
they may commit during their term of office, and also for
crimes, offenses, or omissions that they incur in the
exercise of their office.
Governors of the States and deputies of the local
legislatures are liable for violations of the federal
Constitution and laws.
During his term of office the President of the Republic
may be impeached only for high treason and serious common
crimes.
Article 109. If the offense is of a common nature, the
Chamber of Deputies acting as a grand jury shall determine,
by an absolute majority of votes of its total membership,
whether or not there are grounds for proceeding against
the accused.
If the finding is negative, there shall be no grounds
for any further proceedings; but such decision shall not
be an obstacle to continuing the prosecution of the charge
whenever the accused has relinquished his immunity, since
the decision of the Chamber in no way prejudges the merits
of the charge.
If the finding is affirmative, the accused shall
thereby be suspended from office and is immediately
subject to action by the ordinary courts, excepting the
0
e:
ti
d:
wl
sz
111Z
ME
in
re
Sc
ju
it
Pn
If
an(
de(
is
vi/
ott
act
reg
ing
fer
and
of
cis]
fin(
appc
befc
cial
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Constitution of Mexico 81
case of the President of the Republic, who may be impeached
only before the Chamber of Senators, as in the case of an
official offense.
Article 110. Constitutional immunity shall not be
enjoyed by high officials of the Federation with respect
to official crimes, offenses or omissions incurred in the
discharge of any office, employment or public commissions
which they have accepted during the period in which,
according to law, they enjoy constitutional immunity. The
same shall apply with respect to common crimes which they
may commit during the performance of such office, employ-
ment, or commission. The procedure to be fLllowed to
institute proceedings against a high official who has
resumed the exercise of his own functions is that pre-
scribed in the preceding article.
Article 111.1/ The Senate, constituted as a grand
jury, shall take cognizance of all official offenses; but
it may not open the pertinent investigation without a
previous bill of impeachment by the Chamber of Deputies.
If after conducting such proceedings as it deems advisable
and hearing the accused, the Chamber of Senators shall
decide by a two-thirds majority of all its members that he
is guilty, the latter shall be removed from office by
virtue of such decision and disqualified from holding any
other office for a period determined by law.
Whenever the law provides another penalty for the same
act, the accused shall be placed at the disposal of the
regular authorities, who shall judge and punish him accord-
ing to such law.
In the cases governed by this article and those re-
ferred to in Article 109, the decisions of the grand jury
and the findings of the Chamber of Deputies shall be final.
Any person has the right to denounce before the Chamber
of Deputies the common or official offenses of high offi-
cials of the Federation. Whenever the aforesaid Chamber
finds that there are grounds for impeachment, it shall
appoint a committee from among its members to sustain
before the Senate the charges brought.
1/ As amended by decree published in the Diario Ofi-
cial of September 21, 1944.
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bz Constitution of Mexico
As soon as possible, the Congress of the Union shall
enact a law covering the responsibilities of all officials
and employees of the Federation and of the Federal District,
defining as official offenses or misdemeanors all acts or
omissions that may result in injury to public interests or
to the proper conduct of business, even though they have
not been considered previously as wrongful acts. These
offenses or misdemeanors shall always be tried before a
jury of the people, in the manner established by Article 20
for offenses of the press.1/
The President of the Republic may request from the
Chamber of Deputies the removal, for misconduct, of any
ministers of the Supreme Court of Justice, of circuit
magistrates, of district judges, of the magistrates of the
superior court of justice of the Federal District, and of
the regular judges in the Federal District. In these
cases, if the Chamber of Deputies first and the Senators
thereafter decide by an absolute majority of votes that
the request is justified, the accused official shall be
removed from office immediately, independently of the
legal liability that may have been incurred, and a new
appointment shall be made.!!
The President of the Republic, before asking the cham?
bers for the removal of any judicial official, shall grant
a hearing to the latter privately in order to conscien?
tiously appraise the justification of such request.2/
Article 112. The offender cannot be pardoned after he
has been found guilty of official offenses.
Article 113. Responsibility for official offenses or
misdemeanors may be exacted only during the term of office
of the official in question, and within one year there?
after.
Article 114. There are no privileges or immunities
for any public official with respect to claims of a civil
character.
1/ As amended by decree published in the Diario Ofi?
cial?of October 8, 1974.
2/ Paragraph added by decree published on September
21, 1944.
Artic
States st-
form of g
of their
trative
principle
1.2/
counciT C
there sha
and the gc
Munici
(sindicos)
reelected
discharge
election,
matter 141-u
reelected
above?ment
may be ele
nates, but
for the t
they have
finances, ,
the legisl
shall be Si
personality
The fel
shall commz
they custon
Govern?
than six ye
1/ As
cial of Apr
2/ As
3/ As
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Constitution of Mexico 83
all TITLE V
als
ict, The States of the Federation
or
or Article 115.1/ For their internal government, the
ave States shall adopt the popular, representative, republican
ese form of government, with the free Municipality as ehe basis
a a of their territorial division and political and adminis-
20 trative organization, in accordance with the following
principles:
:he 1.2/ Each Municipality shall be administered by a
?
any council (Ayuntamiento), elected by direct popular vote, and
it there shall be no intermediate authority between this body
the ? and the government of the State.
of
ase
ars
oat
be
the
aew
am-
ant
an-
Municipal presidents, aldermen (regidores), and counsel
(sindicos), chosen by direct popular election, may not be
reelected for the term immediately following. Persons who
discharge the functions of those offices either by indirect
election, appointment or designation by any authority, no
matter what title they may be given, likewise may not be
reelected for the term immediately following. None of the
above-mentioned officials, when holding office as incumbents,
may be elected for the term immediately following as alter-
nates, but persons designated as alternates may be elected
for the term immediately following as incumbents, unless
they have performed such duties during the preceding term.
he II. Municipalities shall freely administer their
finances, which shall be composed of the taxes imposed by
the legislatures of the States, and which, in all cases,
or shall be sufficient to meet the municipal needs.
ice
:e- III. Municipalities shall be invested with juridical
personality for all legal purposes.
Les The federal Executive and the governors of the States
ril shall command the public forces in the municipalities where
they customarily or temporarily reside.
ier
Governors of the States may not hold office for more
than six years.3/
1/ As amended by decree published in the Diario Ofi-
cial of April 29, 1933.
2/ As amended by decree published on October 17, 1953.
3/ As amended by decree published on January 8, 1943.
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84 Constitution of Mexico
The election of governors of the States and the local electio
legislatures shall be direct and in the manner prescribed populat
by their respective electoral laws.
Governors of the States who hold office by regular or nicipal
special election may not, in any case or for any reason, istrati
again occupy that office in an interim, provisional or objecti,
substitute character, or be in charge of that office in of this
any capacity. accordal
The following may never be reelected for the imme- V.2j
diately following term: the mun
form or
a. A substitute constitutional governor or a governor federal
designated to complete a term in case of the perma- their jt
nent absence of the constitutional governor, even dinate n
when he has a different official title; the fede
b. An interim or provisional governor or a citizen Arti
who, under any title, replaces the ?governor during respecti
temporary absences, provided he held the office ments;
during the law two years of the term. without
The constitutional governor of a State must be a Arti,
Mexican citizen by birth and a native of the State or with
actual residence therein for not less than five years I. 1
immediately preceding the day of the election. State, 01
The number of representatives in the state legislature 11.3,
shall be proportional to the inhabitants of each State;
but in no case shall there be fewer than seven deputies in
States having a population of less than 400,000 inhabi- paper;
tants; or nine in those in which the population exceeds
that number but does not reach 800,000; and eleven in IV.
States having a population greater than the latter figure. their ter
Deputies to the legislatures of the States may not be
reelected for the term immediately following. Alternate
deputies may be elected for the term immediately following
in the capacity of incumbents, provided they have not
performed the duties of an incumbent deputy, but incumbent
deputies may not be elected as alternate in the term
immediately following. 1/ A
December 1
In accordance with the legislation enacted in each of i day.
the federal entities, there shall be introduced the system 2/ A
of minority deputies in the election of local legislatures cial of FE
and the principle of proportional representation in the 3/ DE
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al
ed
or
n,
or
in
or
ia-
len
zen
Lng
ice
a
ith
ars
are
:e;
in
ads
e.
be
ate
ing
aot
ant
erm
of
tern.
res
the
Constitution of Mexico 85
election of council members of municipalities with a
population of 300,000 or more inhabitants.1/
IV.2/ Within their jurisdictions the States and mu-
nicipalities shall issue the laws, regulations and admin-
istrative'ordinances which are necessary to comply with the
objectives indicated in the third paragraph of Article 27
of this Constitution with respect to urban centers in
accordance with the federal law on the subject.
V.2/ When two or more urban centers situated within
the municipal territories of two or more federal entities
form or tend to form a geographic unit, the Federation,
federal entities and municipalities concerned shall, within
their jurisdiction, plan and regulate in a joint and coor-
dinate manner the development of those centers pursuant to
the federal law on the subject.
Article 116. The States have the power to fix their
respective boundaries among themselves, by amicable agree-
ments; but such agreements will not be put into effect
without the approval of the Congress of the Union.
Article 117. The states may not in any case:
I. Make any alliance, treaty or coalition with another
State, or with foreign powers;
11.3/ [Deleted].
III. Coin money, issue paper money, stamps, or stamped
paper;
IV. Levy duty on persons or goods passing through
their territory;
1/ Added by decree published in the Diario Oficial of
December 6, 1977, which entered into force on the following
day.
2/ As amended by decree published in the Diario Ofi-
cial?of February 6, 1976.
3/ Deleted by amendment published on October 21, 1966.
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86 Constitution of Mexico
V. Prohibit or levy duty directly or indirectly, upon
the entrance into or exit from their territory of any chart
domestic or foreign goods;
'VI. Tax the circulation of domestic or foreign goods
by imposts or duties, the exaction of which is made by
local customhouses, requiring inspection or registration
of packages or documentation to accompany the goods;
VII. Enact or maintain in force fiscal laws or provi-
sions that relate to differences in duties or requirements
by reason of the origin of domestic or foreign goods,
whether this difference is established because of similar
production in the locality or because among such similar
production there is a different place or origin;
VIII.1/ Issue bonds of public debt payable in foreign
currency or outside the national territory; contract loans
directly or indirectly with the governments of other
nations, or contract obligations in favor of foreign com-
panies or individuals, when the bonds or securities are
payable to bearer or are transferable by endorsement;
States and municipalities may not negotiate loans
except for the execution of works intended to produce
directly an increase in their revenues.2/
IX.3/ Levy duties on the production, storage, or sale
of leaf tobaccoin a manner distinct from or with quotas
greater than those authorized by the Congress of the Union.
The Congress of the Union and the state legislatures
shall enact laws designed to combat alcoholism.
Article 118. Nor shall the States, without the consent
of the Congress of the Union:
1/ As amended by decree published in the Diario Ofi-
cial of October 24, 1942, which entered into force on
November 1.
2/ Paragraph added by decree published on December
30, 1946, which entered into force three days later.
3/ This paragraph added by decree published on
October 24, 1942.
in ci
does
made
A
withol
eign
II
certii
detent
extrac
intern
Ar
to pub
Ar
each E
tries,
Congre:
scribe
procee(
follow:
I.
its owl
of that
the lau
III
on real
shall 1-
laws so
Jud
another
reason
it and
the jud
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Constitution of Mexico 87
-y, upon
of any
;LI goods
made by
--ztration
r provi-
irements
_ goods.,
similar
similar
foreign
zt loans
f other
ign com-
:ies are
t;
e loans
produce
or sale
4 quotas
.e Union.
_slatures
- consent
I. Establish ship tonnage dues or any other port
charges, or levy imposts or taxes on imports or exports;
II. Have at any time permanent troops or ships of war;
III. Make war themselves on any foreign power, except
in cases of invasion and of danger so imminent that it
does not admit of delay. In such cases, a report shall be
made immediately to the President of the Republic.
Article 119. Each State has the obligation to deliver
without delay the criminals of another State or of a for-
eign State to the authorities who claim them.
In such cases, the writ of the judge who orders the
certificate of extradition shall be sufficient to cause
detention of the accused for one month in the case of
extradition between States and for two months if it is
international.
? Article 120. The governors of the States are required
to publish and enforce federal laws.
-Article 121. Full faith and credit shall be given in
each State of the Federation to the public acts, regis-
tries, and judicial proceedings of all the others. The
Congress of the Union, through general laws, shall pre-
scribe the manner of proving such acts, registries, and
proceedings, and their effect, by subjecting them to the
following principles:
I. The laws of a State shall have effect only within
its own territory and consequently are not binding outside
of that State;
II. Real and personal property shall be subject to
the laws of the place in which they are located;
III. Judgments pronounced by the courts of one State
on real rights or real property located in another State
shall have executory effect in the latter only if its own
rio Of j- laws so provide;
force on
?=Judgments on. personal rights shall be executed in
December another State only when the defendant has expressly or by
r.
reason of .domicile submitted to the court that pronounced
_shed on ?,it.,.and provided he has been personally cited to appear at
the judicial hearing;
?
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88 Constitution of Mexico .7x
IV. Acts of civil status done in accordance with the
laws of one State shall have validity in the others;
V. Professional degrees issued by the authorities of
one State, subject to its laws, shall be respected in the
others.
Article 122. The powers of the Union have the duty of
protecting the States against all foreign invasion or
violence. In any case of internal uprising or disturbance,
they shall give equal protection, provided it is requested
by the legislature of the State or by its Executive if the
former is not assembled.
TITLE VI
Labor and Social Security
Article 123.1/ Every person is entitled to suitable
work that is socially useful. Toward this end, the crea-
tion of jobs and social organization for labor shall be
promoted in conformance with the law. The Congress of the
Union, without contravening the following basic principles,
shall enact labor laws which shall apply to:
A. -Workers, day laborers, domestic servants, artisans
(obreros, jornaleros, empleados domesticos, artesanos) and
in a general way to all labor contracts;
I. The maximum duration of work for one day shall be
eight hours.
11.2/ The maximum duration of nightwork shall be
seven hours. The following are prohibited for minors
under sixteen years of age: unhealthful or hazardous
work, industrial nightwork, and work (of any kind) after
ten o'clock at night.
1/ Amended by decrees published in the Diario Oficial
of September 6, 1929 and December 5, 1960, which entered
into force on the following day.
2/ As amended by decrees published on, November. 21,
1962 and December 31, 1974, which entered into force on
the following day.
II
of ag(
than s
IV
least I
V.
physicz
could t
be ent:
date oi
shall
and the
the nuz
each da
VI.
shall
shall g
shall b
commerc(
The
the norm
of a fal
his chi]
by also
ferent i
Farm
quate to
' The
composed
Governmel
committe(
committei
less of s
1/
ciai-of.t
following
2/
19747 whi,
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the
of
the
r of
or
ace,
sted
the
able
tea-
be
the
les,
sans
and
be
be
lots
ious
lial
ered
21,
! on
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Constitution of Mexico 89
III.1/ The use of labor of minors under fourteen years
of age is prohibited. Persons above that age and less
than sixteen shall have a maximum work day of six hours.
IV. For every six days of work a worker must have at
least one day of rest.
V.2/ Women in a state of pregnancy shall not perform
physical labor which requires considerable effort and which
could be hazardous to their health. They shall necessarily
be entitled to six weeks' leave prior to the approximate
date of childbirth and to six weeks' leave thereafter, and
shall receive their full wages and retain their employment
and the rights acquired under their labor contract. During
the nursing period they shall have two extra rest periods
each day, of a half hour each, for nursing their children.
VI.!/ The minimum wage to be received by a worker
shall be general or according to occupation. The former
shall govern in one or more economic zones; the latter
shall be applicable to specified branches of industry or
commerce or to special occupations, trades, or labor.
The general minimum wage must be sufficient to satisfy
the normal material, social, and cultural needs of the head
of a family and to provide for the mandatory education of
his children. The minimum occupational wage shall be fixed
by also taking into consideration the conditions of dif-
ferent industrial and commercial activities.
Farm workers shall be entitled to a minimum wage ade-
quate to their needs.
The minimum wage is to be fixed by regional committees,
composed of representatives of workers, employers, and the
Government, and will be subject to approval by a national
committee, organized in the same manner as the regional
committees.
VII. Equal wages shall be paid for equal work, regard-
less of sex or nationality.
1/ As amended by decree published in the Diario Of
November 21, 1962, which entered into force on the
following day.
2/ As amended by decree published on December 31,
1974, which entered into force on the following day.
? r? _
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90 Constitution of Mexico
VIII. The minimum wage shall be exempt from attach- X. I
ment, compensation, or deduction. tender al
any other
IX.!! Workers shall be entitled to a participation in
the profits of enterprises, regulated in conformity with XI.1/
the following rules: the regul
hundred
a. A national committee, composed of representatives hours of
of workers, employers, ?and the Government, shall work may
fix the percentage of profits to be d'stributed consecuti
among workers; be permit
b. The national committee shall undertake research XII.2
and make necessary and appropriate studies in enterprisi
order to become acquainted with the general condi- be oblige
tions of the national economy. It shall also take fortable
into consideration the need to promote the indus- shall be
trial development of the country, the reasonable prises to
return that should be obtained by capital, and the behalf of
necessary reinvestment of capital; arrangemer
low-cost (
c. The committee may revise the fixed percentage when- ownership.
ever new studies and research so justify;
It is
d. The law may exempt newly established enterprises enact legi
from the obligation of sharing profits for a speci- of represE
fied ?and limited number of years, as well as explo- and the e
ration work and other activities when justified by resources
their nature or peculiar conditions; would regu
could acqu
To determine the amount of the profits of each
enterprise the basis to be taken is the. taxable The en
income according to the provisions of the income in urban E
tax law. Workers may submit to the appropriate and any ot
office of the Secretariat of Finance and Public
Credit any objections they may deem pertinent, in . In adc
accordance with procedure indicated in the law; population
less than
f. The right- of workers to participate in profits the ?estab:
does not imply the power to intervene in the buildings
direction or administration of an enterprise. centers.
it As amended by decrees published on November. 4,
33 and November 21, 1962, which entered into force on
the following day.
1/ As
cial of De
following d
2/ As
1972, whicf
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Constitution of Mexico 91
zh- X. Wages must necessarily be paid in money of legal
tender and cannot be paid in goods, promissory notes, or
any other token intended as a substitute for money.
in
-th XI.!/ Whenever, due to extraordinary circumstances,
the regular working hours of a day must be increased, one
hundred percent shall be added to the amount for regular
-es hours of work as remuneration for the overtime. Overtime
II work may never exceed three hours a day nor three times
consecutively. Persons under sixteen years of age may not
be permitted to work overtime.
7C in
in
XII.2/ In any agricultural, industrial, or mining
enterprise or in any other kind of work, employers shall
be obliged, as determined by law, to furnish workmen com-
fortable and hygienic living quarters. This obligation
shall be met with contributions to be made by the enter-
prises to a national housing fund to serve as deposits in
behalf of their workers and to establish a financing
arrangement that will permit them to receive sufficient
low-cost credit to enable them to acquire their housing in
ownership.
It is considered that it would be of social utility to
ses j. enact legislation for the creation of an agency composed
of representatives of the Federal Government, the workers,
lo- and the employers for the purpose of administering the
by resources of this national housing fund. Such legislation
would regulate the methods and procedures by which workers
could acquire housing in ownership.
acb
ble
me
ate
lic
in In addition, in these same work centers, when the
population exceeds 200 inhabitants, a tract of land of not
less than five thousand square meters must be reserved for
its the establishment of public markets, the erection of
:he buildings destined for municipal services, and recreation
centers.
The enterprises referred to above that are not located
in urban areas are obliged to establish schools, clinics,
and any other services necessary to the community.
1/ As amended by decree published in the Diario Ofi-
4, cial of December 31, 1974, which entered into force the
on following day.;
2/ As amended by decree published on February 14,
1972, which entered into force 15 days later.
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92 Constitution of Mexico
Establishments for the sale of intoxicating liquors
and houses for games of chance are prohibited in all work
centers.!!
XIII.!! Regardless of their activity, enterprises
shall be obligated to provide their workers training or
instruction for the work. The regulatory law shall deter-
mine the systems, methods and procedures according to
which employers must comply with this obligation.
XIV. Employers shall be responsible for work injuries
and for occupational diseases of workers, contracted
because of or in the performance of their work or occupa-
tion; therefore, employers shall pay the corresponding
indemnification whether death or only temporary or perma-
nent disability has resulted, in accordance with what the
law prescribes. iThis responsibility shall exist even if
the employer contracts for the work through an inter-
mediary.
XV.2/ An employer shall be required to observe, in the
installation of his establishments, the legal regulations
on hygiene and safety, and to adopt adequate measures for
the prevention of accidents in the use of machines, instru-
ments, and materials of labor, as well as to organize the
same in such a way as to ensure the greatest possible
guarantee for the health and safety of workers and of
unborn children in the case of pregnant women, under the
penalties established by law in each case.
XVI. Both employers and workers shall have the right
to organize for the defense of their respective interests,
by forming unions, professional associations, etc.
XVII. The laws shall recognize strikes and lockouts
as rights of workmen and employers.
1/ Paragraph added by decree published in the Diario
Oficial of January 9, 1978, which entered into force on
the following day.
2/ As amended by decree published on December 31,
1974, which entered into force on the following day.
the:
vari
of
shal
adva
the
shal
stri
prop
to e
surp
pric
the
shal
Arbil
repr(
the (
enceE
the
natec
the
liabi
not
follo
labor
X
justi
.or Ut
shall
to fu
of th
in wh
1,
cial (
2,
19627
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. 44
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ors
ark
ses
or
er-
to
ies
ted
Da-
ing
ma-
che
if
er-
the
.ons
for
:ru-
the
_ble
of
the
_ght
its,
ruts
srio
1/ As amended by decree published in the Diario Ofi-
on
cial on December 31, 1938.
31 2/ As amended by decree published on November 21,
,
1962, which entered into force on the following day.
XVIII.1/ Strikes shall be lawful when they have as
their purpose the attaining of an equilibrium among the
various factors of production, by harmonizing the rights
of labor with those of capital. In public services it
shall be mandatory for workers to give notice ten days in
advance to the Conciliation and Arbitration Board as to
the date agreed upon for the suspension of work. Strikes
shall be considered unlawful only when the majority of
strikers engage in acts of violence against persons or
property, or in the event of war, when the workers belong
to establishments or services of the Government.
XIX. Lockout shall be lawful only when a production
surplus makes it necessary to suspend work to maintain
prices at a level with costs, and with prior approval of
the Conciliation and Arbitration Board.
XX. Differences or disputes between capital and labor
shall be subject to the decisions of a Conciliation and
Arbitration Board, consisting of an equal number of
?representatives of workmen and employers, with one from
the Government.
XXI.2/ If an employer refuses to submit his differ-
ences to arbitration or to accept the decision rendered by
the Board, the labor contract shall be considered termi-
nated and he shall be obliged to indemnify the worker to
the amount of three months' wages and shall incur any
liability resulting from the dispute. This provision shall
not be applicable in the case of actions covered in the
following section. If the. refusal is made by workers, the
labor contract shall be considered terminated.
XXII.2/ An employer who dismisses a worker without
justifiable cause or because he has entered an association
or union, or for having taken part in a lawful strike,
shall be required, at the election of the worker, either
to fulfill the contract or to indemnify him to the amount
of three months' wages. The law shall specify those cases
in which the employer may be exempted from the obligation
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94 Constitution of Mexico
of fulfilling the contract by payment of an indemnity. He
shall also have the obligation to indemnify a worker to
the amount of three months' wages, if the worker leaves
his employment due to lack of honesty on the part of the
employer or because of ill treatment from him, either to
himself or to his wife, parents, children, or brothers and
sisters. An employer may not relieve himself of this
responsibility when the ill treatment is attributable to
his subordinates or members of his family acting with his
consent or tolerance.
XXIII. Credits in favor of workers for wages or
salary earned within the last year, and for indemnity com-
pensation, shall have priority over all other obligations
in the event of receivership or bankruptcy.
XXIV. A worker alone shall be responsible for debts
contracted by himself and payable to his employer, his
associates, members of his family, or dependents, and in
no case and for no purpose may payment be exacted from
members of the worker's family, nor are these debts
demandable for an amount exceeding the wages of the worker
for one month.
XXV.1/ Services of employment placement for workers
shall be gratuitous, whether such service is performed by
a municipal office, labor exchange, or any other official
or private institution.
In offering this service, the labor demand will be
taken into account and under equal conditions priority
will be given to persons providing the only source of
income in the family.
XXVI. Every labor contract made between a Mexican and
a foreign employer must be notarized by a competent munici-
pal authority and countersigned by the consul of the nation
to which the worker intends to go, because, in addition to
the ordinary stipulations, it shall be clearly specified
that the expenses of repatriation shall be borne by the
contracting employer.
r, 1/- As amended by decree published on December 31,
1974, which entered into force on the following day.
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XX
null
even i
a.
b.
c.
d.
e.
f.
g?
h.
XX
stitutd
able,
shall
of the
XX
consid.
1/
cial c
entered
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.ty. He
rker to
leaves
of the
ther to
:ers and
2f this
able to
his
ages or
_ty Corn-
:gat ions
r debts
er, his
, and in
ed from
debts
! worker
workers
hrined by
2fficial
will be
'2riority
urce of
'Ican and
munici-
a nation
_tion to
lecified
by the
ber 31,
Constitution of Mexico 95
XXVII. The following conditions shall be considered
null and void and not binding on the contracting parties,
even if expressed in the contract:
a. Those stipulating a day's work that is inhuman
because it is obviously excessive, considering the
kind of work;
b. Those fixing wages that are not remunerative, in
the judgment of Conciliation and Arbitration Boards;
Those stipulating a period of more than one week
before payment of a day's wages;
d. Those indicating as the place of payment of wages
a place of recreation, an inn, cafe, tavern, bar,
or store, except for the payment of employees of
such establishments;
e. Those including the direct or indirect obligation
of acquiring consumer goods in specified stores or
places;
f. Those permitting the retention of wages
g?
as a fine;
Those constituting a waiver by the worker of
indemnification to which he is entitled due to
work injuries or occupational diseases; damages
occasioned by the nonfulfillment of the contract,
or by being discharged;
h. All other stipulations implying the waiving of any
right designed to favor the worker in the laws of
protection and assistance for workmen.
XXVIII. The laws shall determine what property con-
stitutes the homestead, property that shall be inalien-
able, not subject to encumbrances or attachment, and that
shall be transferable by inheritance with simplification
of the formalities procedural of succession.
XXIX.1/ Enactment of a social security law shall be
considered of public interest and it shall include
1/ As amended by decrees published in the Diana Ofi-
cial of September 6, 1929 and December 31, 1974,, which
entered into force on the following day.
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?one
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96 Constitution of Mexico
insurance against disability, old age, on life, against
involuntary unemployment, against sickness and accidents,
infant care services, and other forms of insurance for the
protection and well-being of factory workers, rural workers
and non-salaried workers and other workers in other social
sectors and their families.
XXX. Likewise, cooperative societies established for
the construction of low-cost and hygienic houses to be
purchased on instalments by workers shall be considered of
social utility.
XXXI.1/ Enforcement of the labor laws belongs to the
authorities of the States, in their respective jurisdic-
tions, but it is the exclusive jurisdiction of the federal
authorities in matters relating to the textile, electrical,
motion picture, rubber, sugar, mining, petrochemical,
metallurgical, and steel industries, including the exploi-
tation of basic minerals, their processing and smeltering,
as well as the production of.iron and steel in all their
forms and alloys and rolled products, hydrocarbons, cement,
automobiles, including mechanical and electrical parts,
pharmaceuticals and medicines, wood pulp and paper, vege-
table oils and fats, food packaging and canning, bottled
beverages, railroads, basic lumber, including the manu-
facture of plywood; glass and bottles and other glass con-
tainers; tobacco and tobacco products; and enterprises that
are administered directly or in decentralized form by the
Federal Government; enterprises that operate by virtue of
a federal contract or concession, and connected indus-
tries; enterprises that carry on work in federal zones and
territorial waters or within the exclusive economic zone
of the country; disputes that affect two or more federal
entities; collective contracts that have been declared
obligatory in more than one federal entity; obligations in
educational matters that belong to employers in the manner
and form fixed by the respective law, as well as those
relating to the training and instruction of their workers,
for which federal authorities shall have the assistance
1/ This section added by decree published on November
18, 1942, and amended by decree published on November 21,
1962 and by declaration of February 6, 1975, and finally
amended, by decree published on January 9, 1978, which
entered into force on the following day.
of state
tion is ]
require.
B.1/
Federal- Di
I. Th
be eight ,
will be ov
addition t
no case m
consecutiv
II. !
entitled t
less than
IV. 4
and their
is in effe
In no
workers in
of the Rep
V. Ec
regard to
VI. I
ments fron
by law.
VII.
systems w
aptitudes
of public
1/ A4
October 2:
by decree
2/ A
19617
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Constitution of Mexico 97
of state authorities in matters where the local jurisdic-
net
ts,? tion is involved, as the applicable regulatory law may
The 1 require.
ers
Lai B.1/ The branches of the Union, the government of the
Federal District and their workers:
for I. The maximum working day for day and nightwork shall
be be eight and seven hours, respectively. Those in excess
of- will be overtime and will be paid by a one hundred percent
addition to the remuneration fixed for regular service. In
no case may overtime exceed three hours a day or three
:he consecutive times.
Lc-
:al II. For every six days of work a worker shall be
11,? entitled to one day of rest, at least, with full wages.
al,
)i- III. Workers shall be entitled to vacations of not
less than twenty days a year.
air
It, IV. Wages shall be fixed in the respective budgets,
and their amount may not be decreased while a given budget
;e- is in effect.
_ed
lu- In no case may wages be lower than the minimum for
)n- workers in general in the Federal District and in agencies
let of the Republic.2/
:he
of V. Equal wages shall be paid for equal work; without
regard to sex.
_ad
ne VI. Withholdings, discounts, deductions, or attach-
e! ments from wages may be made only in those cases provided
-ed by law.
in
er VII. The appointment of personnel shall be made by
se I systems which permit a determination of the skills and
s, aptitudes of applicants. The State shall organize schools
1 ce of public administration.
er
1,
ly
ch
1/ Added by decree published in the Diario Oficial of
October 21, 1960, published on December 5, 1960 and amended
by decree published on October 8,.1974.
' 2/ As amended by decree published on November 27,
1961.
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;
98 Constitution of Mexico
VIII.1/ Workers shall be entitled to the rights of a
classification scale so that promotions may be made on the
basis of skills, aptitudes, and seniority. Under equal
conditions priority will be given to persons providing the
only source of income in the family.
IX. Workers may be suspended or discharged only on
justifiable grounds, for reasons prescribed by law.
In the event of unjustifiable discharge, a worker has
the right to choose between reinstatement in his work or
to appropriate indemnity, determined by legal proceedings.
In case of abolishment of positions, the affected workers
shall have the right to another position equivalent to the
one abolished or to an indemnity.
X. Workers shall have the right to associate together
for the protection of their common interests. They may
also make use of the right to strike after first complying
with requirements prescribed by law, with respect to one
or more offices ?of the public powers, whenever the rights
affirmed by this article are generally and systematically
violated.
XI. Social security shall be organized on the fol-
lowing minimum bases:
a. It shall cover work injuries and occupational
diseases, non-occupational illness and maternity;
and retirement, disability, old age, and death.
b. In case of accident or illness, the right to work
shall be retained for the time specified by law.
shall
c. Women in a state of pregnancy shall not perform tion
physical labor that requires considerable effort law.
and that could be injurious to their health. They
shall necessarily be entitled to one month's leave
prior to the approximate date indicated for child- emplc
birth and to two months' leave after such date, and Just:
shall receive their full wages and retain their em-
ployment and the rights acquired under their labor
f.
1/ As amended by decree published in the Diario Ofi-
cial of December 31, 1974, which entered into force on the
following day.
cial-
folic
1972-,
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Constitution of Mexico 99,
:its of a contract. During the nursing period they shall
_e on the have two extra rest periods a day, of a half hour
ar equal each, for nursing their children. In addi- tion,
_ding the they are entitled to medical and obstetrical, care,
medicines, nursing aid, and infant care services.!/
only on d. Members of a worker's family shall be entitled to
medical care and medicines, in those cases and in
the proportions specified by law.
rker has
work or e. Centers are to be established for vacations and
aedings. convalescence, as well as economy stores for the
workers benefit of workers and their families.
: to the
f.2/ Workers will be allotted low-cost hOusing for rent
or sale, in accordance with previously approved
together programs. Furthermore, the State shall establish,
:hey may with the contributions it makes, a national housing
omplying fund to contain deposits for those workers and to
to one provide a system of financing that will grant them
a rights sufficient low-cost loans to enable them to acquire
atically comfortable and hygienic homes in ownership or else
to construct, repair or improve them or to pay
debts resulting from such expenditures.
ne fol-
The contributions that are made to this fund shall
be delivered to the agency in charge: of social
Dational security, which shall regulate im-its laws the
:ernity; form and procedure according to which the fund
ath. will be administered and the loans will be granted
and awarded.
to work
law. XII. Individual, collective, and interunion disputes
shall be submitted to a federal conciliation and arbitra-
perform tion tribunal to be organized as provided in the regulatory
effort law.
. They
s leave Disputes between the federal judicial branch and its
- child- employees shall be settled by the plenary Supreme Court of
ite, and Justice of the Nation.
eir em-
r labor
Lo Ofi -
on the
1/ As amended by decree published in the Diario Ofi-
cial-of December 31, 1974, which entered into forceon the
following day. ,
2/ As amended by decree published on November 10,
19727 which entered into force on the following day.
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100 Constitution of Mexico
XIII. Military and naval personnel and members of the
public security corps, and personnel of the foreign serv-
ice, shall be governed by their own laws.
The State shall provide members of the army, the air
force and the navy in active status with the loans referred
to in section IX (0 above in similar terms and through
the agency in charge of social security of the branches of
the armed forces.!!
XIV. The law shall determine what positions are to be
regarded as those of personal trust (de confianza). Per-
sons who hold such positions shall be entitled to the bene-
fits of measures for the protection of wages and social
security.
TITLE VII
General Considerations
Article 124. The powers not expressly granted by this
Constitution to federal officials are understood to be
reserved to the States.
Article 125. No individual may fill two popularly
elected federal offices at the same time, nor one federal
and one state office, also by popular election; but an
elected candidate may choose which of the two he desires
to hold. '
Article 126. No payment may be made that is not
included in the budget or provided for by a subsequent law.
Article 127. The President of the Republic, the
members of the Supreme Court of Justice, the deputies and
senators, and other elective public officials of the
Federation shall receive a compensation for their services
that shall be specified by law and paid by the federal
Treasury. This compensation cannot be refused and any law
that increases or decreases it shall not take effect during
the term in which an official holds office.
1/ Paragraph added by decree published in the Diario
Oficial of-November 10, 1972, which entered into force on
the following day.
Arti
of any
uphold t
Arti
peace,
directly
fixed ar
forts,
Governme
arsenals
towns.
Arti
supervis
gious w
authorit
Cong
any reli
Marr
relating
exclusiv
in the r
and vali
As
obligati
so prom
shall b(
for this
The
religioL
Minj
persons
subject
On 1'
power t
denominJ
1/
cial ?of
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the
erv-
air
rred
3ugh
of
) be
?.mr-
ane-
:ial
:his
be
arly
aral
an
ires
not
the
and
the
_ces
iral-
lam
Hing
trio
on
Constitution of Mexico 101
Article 128. Every public official, without exception
of any kind, before taking office, shall take an oath to
uphold the Constitution and the laws emanating therefrom.
Article 129. No military authority may, in time of
peace, perform any functions other than those that are
directly connected with military affairs. There shall be
fixed and permanent military commands only in the castles,
forts, and warehouses immediately subordinate to the
Government of the Union; or in encampments, barracks, or
arsenals established for the quartering of troops outside
towns.
Article 130.1/ The federal powers shall exercise the
supervision required by law in matters relating to reli-
gious worship and outward ecclesiastical forms. Other
authorities shall act as auxiliaries of the Federation.
Congress cannot enact laws establishing or prohibiting
any religion.
Marriage is a civil contract. This and other acts
relating to the civil status of persons are within the
exclusive competence of civil officials and authorities,
in the manner prescribed by law, and shall have the force
and validity defined by said law.
A simple promise to tell the truth .and to fulfill
obligations that are contracted is binding on the one who
so promises, and in the event of failure to do so, he
shall be subject to the penalties that the law prescribes
for this purpose.
The law does not recognize any personality in
religious groups called churches.
Ministers of denominations shall be considered as
persons who practice a profession and shall be directly
subject to the laws enacted on such matters.
Only the legislatures of the States shall have the
power to determine the maximum number of ministers of
denominations necessary for local needs.
1/ As amended by decree published in the Diario Ofi-
cial of February 19, 1951.
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102 Constitution of Mexico
To practice the ministry of any denomination in the
United Mexican States it is necessary to be a Mexican by
birth.
Ministers of denominations may never, in a public or
private meeting constituting an assembly, or in acts of
worship or religious propaganda, criticize the fundamental
laws of the country ?or the authorities of the Government,
specifically or generally. They shall not have an active
or passive vote nor the right to form associations for
political purposes.
Permission to dedicate new places of worship open to
the public must be obtained from the Secretariat of
Government, with the prior consent of the government of
the State. There must be in every church building a
representative who is responsible to the authorities for
compliance with the laws on religious worship in such
building, and for the objects pertaining to the worship.
The representative of each church building, jointly
with ten other residents of the vicinity, shall inform the
municipal authorities immediately who is the person in
charge of the church in question. Any change of ministry
must be reported by the departing minister in person,
accompanied by the new incumbent and ten other residents.
The municipal authority, under penalty of removal- from
office and a fine of up to one thousand pesos for each
violation, shall see that this provision is complied with;
under the same penalty, he shall keep one registry book of
church buildings and another of the representatives in
charge. The municipal authority shall give notice to the
Secretariat of Government, through the governor of the
State, of every permit to open a new church building to
the public, or of any changes among representative in
charge. Donations in the form of movable objects shall be
kept in the interior of church buildings.
No privileges shall be granted or confirmed, nor shall
any other step be taken which has for its purpose the
validation in official courses of study, or courses pursued
in establishments devoted to the professional training of
ministers of religion. Any authority who violates this
provision shall be criminally liable, and the privilege or
step referred to shall be void and shall thereby cause the
voidance of the professional degree for the attainment of
which the violation of this provision was made.
Pel
whethet
merely
ment o
on act
persons
institu
The
of whiC
is rel
prohibi
held in
A
through
erty oc
or for
denomin
heirs c
privatel
fourth (
The
propertl
shall
TriA
never b(
Arti
levy dul
pass in
to regu]
or seem
Republic
however,
in the
section(
The
Union t
imports
1/
cial of
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in the
c.-an by
:,.lic or
,cts of
amental
rnment,
aztive
as for
:?en to
lat of
-ent of
ding a
_es for
a such
:ii p.
jointly
lrim the
son in
inistry
?erson,
idents.
I. from
1,r each
with;
3,4acook of
ves in
to the
af the
ling to
ive in
7iall be
r shall
se the
?orsued
ling of
!s this
Lege or
-Ise the
lent of
Constitution of Mexico 103
Periodical publications of a religious character,
whether they be such because of their program, title, or
merely because of their general tendencies, may not com-
ment on national political matters or public information
on acts of the authorities of the country or of private
persons directly related to the functioning of public
institutions.
The formation of any kind of political group, the name
of which contains any word or indication whatever that it
is related to any religious denomination, is strictly
prohibited. Meetings of a political character may not be
held in places of worship.
A minister of any denomination may not himself or
through an intermediary inherit or receive any real prop-
erty occupied by any association for religious propaganda
or for religious or charitable purposes. Ministers of
denominations are legally incapacitated as testamentary
heirs of ministers of the same denomination or of any
private person who is not related to them within the
fourth degree.
The acquisition by private parties of personal or real
property owned by the clergy or by religious organizations
shall be governed by Article 27 of this Constitution.
Trials for violation of the above provisions shall
never be heard before a jury.,
Article 131.1/ The-Federation has exclusive power to
levy duties on goods that are imported or exported or that
pass in transit through the national territory, as well as
to regulate at all times, and even to p:ohibit, for police
or security reasons, the circulation in the interior of the
Republic of all classes of goods, regardless of origin;
however, the Federation itself may not establish or enact,
in the Federal District, those taxes and laws mentioned in
sections VI and VII of Article 117.
The Executive may be empowered by the Congress of the
Union to increase, decrease, or abolish tariff rates on
imports and exports that were imposed by the Congress
1/ As amended by decree published in the Diario Ofi-
cial of October 8, 1974.
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104 Constitution of Mexico
itself, and to establish others; likewise to restrict and
to prohibit the importation, exportation, or transit of
articles, products, and goods, when he deems this expedient
for the purpose of regulating foreign commerce, the economy
of the country, the stability of domestic production, or Art]
for accomplishing any other purpose to the benefit of the to or al
country. The Executive himself, in submitting the fiscal shall be
budget to Congress each year, shall submit for its approval Congress
the use that he has made of this power.1/ members
that the
Article 132. The forts, barracks, storage warehouses, the Stat
and other buildings used by the Government of the Union for Committel
public service or for common use shall be subject to the the leg]
jurisdiction of the federal powers in accordance with pro- amendment
visions to be established in a law enacted by the Congress
of the Union; but, in order that property acquired in the
future within the territory of any State shall likewise be
under federal jurisdiction, the consent of the respective
legislature shall be necessary.
Artic
Article 133.2/ This Constitution, the laws of the force and
Congress of the Union which emanate therefrom, and all rebellion.
treaties made, or which shall be made in accordance there- are contr
with by the President of the Republic, with the approval become esi
of the Senate, shall be the supreme law throughout the as the pe
Union. The judges of every State shall be bound to the be reesta
said Constitution, the laws, and treaties, notwithstanding government
any contradictory provisions that may appear in the who have
constitution or laws of the States. accordance
been enact
Article 134. All contracts that the Government may
negotiate for the execution of public works shall be
awarded by auction, after a call for bids to be submitted
under seal and opened in public meeting.
1/ Paragraph added by decree published in the Diario
Oficial of March 28, 1951, which entered into force on the
following day.
2/ As amended by decree published on January 18, 1934.
Articl(
once and,
made to pre
the Republi
to the ele
which shal
effect unti
Constitutio
which enterf
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Constitution of Mexico 105
TITLE VIII
ad
of
nt
my
or
he
:al
Tal
for
:0-
ess
the
be
ive
the
all
re-
val
the
the
lag
the
may
be
ted
ario
the
434.
?
Amendments to the Constitution
Article 135.1/ The present Constitution may be added
to or amended. In order that the additions or amendments
shall become a part thereof, it shall be required that the
Congress of the Union, by a vote of two thirds of the
members present, agree to the amendments or additions and
that they be approved by a majority of the legislatures of
the State. The Congress of the Union or the Permanent
,Committee, as the case may be, shall count the votes of
the legislatures and shall announce those additions Or
amendments that have been approved.
TITLE IX
The Inviolability of the Constitution
Article 136. This constitution shall not lose its
force and effect, even if its observance is interrupted by
rebellion. In the event that a government whose principles
are contrary to those that are sanctioned herein should
become established through any public disturbance, as soon
as the people recover their liberty its observance? shall
be reestablished, and those who have taken part in the
government emanating from the rebellion, as well-as those
who have cooperated with such persons, shall be tried in
accordance with this Constitution and the laws that have
been enacted by virtue thereof.
TRANSITORY ARTICLES
Article 1. This Constitution shall be published at
once and, with the greatest solemnity, affirmation shall be
made to preserve it and cause it to be preserved throughout
the Republic; but with exception of the provisions relating
to the election of the supreme federal and state powers,
which shall enter into force at once, it shall not take
effect until the first day of May 1917, on which date the
Constitutional Congress shall be formally installed and the
1/ As amended by decree published on October 21, 1966,
which entered into force three days later.
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106 Constitution of Mexico
citizen elected in the next elections shall make the affir- th(
mation of law so as to exercise the office of President of Ref
the Republic. thE
thE
In the elections that must be called in accordance with cou
the following article, section V of Article 82 shall not Nat
apply, nor shall it be an impediment to being a deputy or dis
senator to be in active service in the army, provided such the
service is not in command of forces in the electoral dis- Ter
trict in question; neither shall secretaries and sub- exe
secretaries of state be barred from election to the next and
Congress of the Union, provided that they have been Fed
definitely separated from their position on the day that Jul
the respective call is issued. app,
of ,
Article 2. As soon as this Constitution is published,
the citizen entrusted with the executive branch of the
Nation shall call for election of the federal powers, Sem
endeavoring to do this in such a way that the Congress elec
shall be organized promptly in order that, following the as
count of the votes cast in the presidential election, it theE
may declare who has been elccted President of the Republic, sena
so that he may comply with the provisions of the preceding
article.
shal
Article 3. The next constitutional term for deputies effe
and senators shall begin to run as of last September first,
and for the President of the Republic from. December 1,
1916. tion
Unio
Article 4. Senators bearing even numbers at the next whic
election shall hold office for two years only, in order powe
that thereafter one half of the Chamber of Senators shall
be renewed every two years.
ment
Article 5. The congress of the Union shall elect the ment
justices of the Supreme Court of Justice of the nation aftel
next May in order that this august body shall be installed with
by June first. Cove]
pard(
At this election Article 96 shall, not govern with
respect to the proposals of candidates, by the local
legislatures; but candidates shall be so proposed for the State
first two-year term provided for in Article 94. labox
for
Article 6. The Congress of the Union shall have an Reput
extraordinary session period which will begin April 5,
1917, in order to organize the electoral college,: to count
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ffir-
at of
with
_ not
:y or
such
dis-
? sub-
next
'peen
"1-hat
ihed,
the
wers,
gress
; the
2, it
htic,
eding
oties
irst,
ar 1,
next
.3rder
shall ?
z the
-ation
with
local
r the
Ne an
count
Constitution of Mexico 107
the votes and approve the election of a President of the
Republic, by appropriate declaration; and also to enact
the Organic Law for the circuit and district courts and
the Organic Law for the Federal District and territorial
courts in order that the Supreme Court of Justice of the
Nation may immediately appoint the circuit magistrates and
district judges, and the Congress of the Union may select
the judges of first instance for the Federal District and
Territories; it shall also enact all laws requested by the
executive branch of the nation. The circuit magistrates
and district judges and the magistrates and judges of the
Federal District and territories must assume office before
July 1, 1917, at which time those persons who had been
appointed by the official in charge of the executive branch
of the nation shall cease to function.
Article 7. This once, the count of the votes for
Senators shall be made by the counting board of the first
electoral district in each State or the Federal District,
as organized for counting the votes for deputies, and
these boards shall issue appropriate credentials to the
senators elected.
Article 8. The Supreme Court of Justice of the Nation
shall rule on pending cases in amparo, subject to laws in
effect.
Article 9. The citizen in command of the constitu-
tionalist army, entrusted with the executive power of the
Union, is empowered to issue the Electoral Law, under
which, this once, the elections shall be held to fill the
powers of the Union.
Article 10. Persons who have taken part in the govern-
ment formed by the rebellion against the legitimate Govern-
ment of the Republic, or those who cooperated with it,
afterwards taking up arms or holding office or employment
with the factions that attacked the constitutionalist
Government, shall be tried under laws in force, unless
pardoned by such Government.
Article 11. Until the Congress of the Union and the
State legislatures enact laws governing the agrarian and
labor problems, the bases established in this Constitution
for these laws shall be put into effect throughout the
Republic.
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108 Constitution of Mexico
Article 12. Mexicans who have fought in the constitu-
tionalist army, and their children and widows, and other
persons who rendered services to the cause of the Revolu-
tion or to public education shall have priority in the
acquisition of parcels of land referred to in Article 27
and the right to discount specified by law.
Article 13. All debts contracted by workers, by reason
of their labor, up to the date of this Constitution, with
employers, their families, or intermediaries are hereby
extinguished in full.
Article 14. The Secretariat of Justice is hereby
abolished. 1/
Article 15. The citizen entrusted with the executive
power of the nation is empowered to issue a law on civil
liability applicable to the principals, accomplices, and
concealers of crimes perpetrated against the constitutional
order during the month of February 1913 and against the
constitutionalist Government.
Article 16. The constitutionalist Congress, in its
regular session, beginning September 1 this year, shall
enact all organic laws of the Constitution that have not
already been enacted in the extraordinary period referred
to in transitory Article 6, and shall give priority to
laws relating to individual guarantees and to Articles 30,
32, 33, 35, 36, 38, 107 and the final part of Article 111
of this Constitution.
(Original text signed at Quer4taro on January 31, 1917).
Text translated from Constitucidn Politica de los
Estados Unidos Mexicanos, Sexagesima Octava Edicion, 1981,
Editorial Porrda, S.A., M6xico, D.F.
1/ As amended by decree published in the Diario Ofi-
cial of July 8, 1921.
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stitu-
ather
evolu-
.a the
. le 27
as on
, with
-.ereby
?..ereby
zutive
*civil
and
At the
.a its
shall
re not
ferred
_ty to
es 30,
ie ill
7)-
e los
1981,
.3 Of i-
AMENDMENTS
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AMENDMENTS TO THE 1917 CONSTITUTION OF MEXICO
THROUGH APRIL 14, 1981
Article 29.1/ In the event of invasion, serious dis-
turbance of the public peace, or any other event which may
place society in great danger or conflict, only the Presi-
dent of the United Mexican States, with the consent of the
heads of the Secretariats of State, the administrative
agencies, and the Comptrollership General of the Republic,
and with the approval of the Congress of the Union or,
during adjournment of the latter, of the Permanent Com-
mittee, may suspend throughout the country or in a speci-
fied place the guarantees which present an obstacle to a
rapid and ready confrontation of the situation; but he must
do so for a limited time, by means of general preventive
measures without such suspensions being limited to a spe-
cified individual. If the suspension should occur while
the Congress is in session, the latter shall grant such
authorizations as it deems necessary to enable the Execu-
tive to meet the situation. If the suspension occurs
during a period of adjournment, the Congress shall be
convened without delay in order to grant them.
Article 60.2/ The Chamber of Deputies shall judge the
elections of its members through an electoral college com-
posed of 100 deputy candidates: 60 of those elected in the
single districts, designated by the political party which,
according to the majority votes registered by the Federal
Electoral Commission, has obtained the highest number of
votes; and 40 of those elected in the multiple districts,
designated by the political parties in proportion to the
number which for each of them the Federal Electoral Com-
mission had recognized according to the percentage of the
votes obtained.
Article 90.3/ The federal public administration shall
be centralized and parastate according to the organic law
1. As amended by decree published in the Diario Ofi-
cial of April 21, 1981, which entered into force on the
following day.
2. As amended by decree published on April 22, 1981,
which entered into force on the following day.
3. As amended by decree published in April 21, 1981,
which entered into force on the following day.
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enacted by Congress which shall distribute the administra-
tive business of the Federation, which shall be dispatched
by the secretariats of state and administrative agencies.
The law shall also define the general basis for creating
parasate entities and the intervention of the Federal
Executive in their operation.
The laws shall determine the relations between the
parastate entities and the Federal Executive, or between
these entities and the secretariats of state and adminis-
trative agencies.
Article 92.4/ All regulations, decrees, directives
and orders of the President must be signed by the
Secretary of State or the Chief of the Administrative
Department to which the matter pertains, and without this
requisite they shall not be obeyed.
Article 117. The States may not in any case:
? ? ?
V111.5/ Contract obligations or loans directly or
indirectly with goverlpents of other nations, with foreign
companies or individuals, or when they are payable in
foreign currency or outside the national territory.
States and municipalities may not negotiate obligations
or loans unless they are intended for productive public
investments, including those contracted by decentralized
agencies and public enterprises, according to the bases
established by the legislatures in a law and for the pur-
poses and amounts that they set annually in their respec-
tive budgets. Executives shall report these transactions
in rendering public accounts.
Sole transitory paragraph. As soon as the Congress of
the Union or the Permanent Committee, as the case may be,
declares that the preceding amendment has been approved, it
shall be passed on to the Federal Executive for promulga-
tion and publication, and it shall enter into force fifteen
days after that declaration has been made.
4. As amended by decree published in April 21, 1981,
which entered into force on the following day.
5. As amended by decree published on October 24,
1942, December 30, 1946, and April 21, 1981.
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etched
lcies.
eating
re-dera1
the
izds?
? ives
? the
:ative
: this
Ly Or
areign
le in
ations
ibIic
alized
.bases
e pur?
aspec?
ations
ess of
27 be,
ei, it
ifteen
1981,
14,
BIBLIOGRAPHY
?
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MEXICO
Bibliographical Supplement
The original 1973 monograph on Mexico by Leonard V.B. Sutton
contains an excellent bibliography which remains of permanent value.
BIBLIOGRAPHICAL GUIDES:
Robles de Fabre, Teresa. Fuentes para el estudio de la Politica
on Mexico. Mexico: Instituto Mexicano de Estudios
Politicos (IMEP), 1978.
PRIMARY SOURCES:
The English translation of the amended Constitution of Mexico
which is reproduced here was prepared by the Organization
of American States from Constitucion Politica de los
Estados Unidos Mexicanos, Sexagesimsoctava Edic?a-T-1981,
Editorial Porrua, S.A. Mexico.
SECONDARY SOURCES:
Acevedo, Lucio Cabrera. "Legal protection of the environment in
Mexico," California Western Int. Law Journal, 8:22-42,
Winter 1978.
Garcia Ramirez,eSergio. Los derechos humanas y el derecho penal.
Mexico: Secretaria de Educacion Publica, Sep. Setentas 254.
Hall, Linda B. "Mexican presidentialism from Diaz to Echeverria:
an interpretive study," Social Science Journal, 17(1980)
p. 41-52.
Horn, Hans-Rudolf. "Grundzuge des mexikanischen verfassungs-
rechts. Soziale Grundrechte, Verfassungsbeschwerde,
Prsidialismus" (Fundamental features of Mexican constitu-
tional law. Social fundamental rights, Constitutionalism,
Presidentialism). Jahrbuch des Offentlichen Rechts der
Gegenwart 29 (1980), p. 479-526.
Lewis, Paul H. The Governments of Argentina, Brazil and Mexico.
New York: Crowell, 1975.
Nava Negrete, A. "Reformabilidad de la constitucion," Revista
de la Facultad de Derecho de Mexico, Vol. 25 (1975), 179-
220
Purcell, Susan Kaufman-John F.H. Purcell. "Estado y sociedad en
Mexico: debe un sistema politico estable, institucionali-
zarse?" (State and Society in Mexico: does a stable poli-
tical system have to be institutionalized?). Foro inter?
-
nacional, 1979/80, p. 427-462.
1
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Purcell, Susan Kaufman. The Mexican Profit-Sharing Decision:
Politics in an Authoritarian Regime. Berkeley: University
of California Press, 1975.
Quiroga Lavie, Humberto. ."La constituciOn nacional como sistema
de reenvios" (The national constitution as a referral sys-
tem), Boletin mexicano de Derecho Comparado, Vol. 38 (198f))
p. 442-449.
Segovia, R. "Tendencias politicas en Mexico," Foro internacional
Vol. 64 (1976), p. 421-428.
Spalding, Rose J. "State power and its limits. Corporatism in
Mexico," Comparative Political Studies. 14(1981), p. 139-
161.
Tancer, Robert S.-Jchn P. Zanotti. The Mexican Law of Foreign
Real Estate Investment in the Prohibited Zones. An Overview.
1971-73. Second ed., Tempe: Arizona State University, 1g75.
Valades,,Diego. "La comision Permanente del Congreso del la
Union" (The Permanent Commission of the Congress of the
Union). Revista de la Facultad de Derecho de Mexico. Vol.
113 (1979), p. 437-460.
Valades, Diego. "Algunas caracteristicas del sistema politico
mexicano"(Some characteristics of the Mexican political
system). Revista de Estudios politicos. 15(1980), p. 9-21.
Von Krockow, Graf Christian. Mexiko, Wirtschaft Politik Gesell-
schaft Kultur. Munich: Piper, 1974.
?
2
Declassified in Part - Sanitized Copy Approved for Release 2013/07/30: CIA-RDP98-01394R000200020002-4
411ft
Declassified in Part - Sanitized Copy Approved for Release 2013/07/30 : CIA-RDP98-01394R000200020002-4
Chapter III
The Executive Branch
Chapter IV
The Judicial Branch
TITLE IV Responsibilities of Public Officials
TITLE V The States of the Federation ? ? ? ?
TITLE VI Labor and Social Security
TITLE VII General Considerations
TITLE VIII Amendments to the Constitution . ? ?
TITLE IX The Inviolability of the Constitution
TRANSITORY ARTICLES
- iv -
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narinQcifipn in Part - Sanitized Copy Approved for Release 2013/07/30: CIA-RDP98-01394R000200020002-4
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