Lawyers and political analysts said on Saturday that based on the political agreement signed by the National Unity Government's (NUG) leaders a Loya Jirga should have been held to amend the constitution before the NUG's first two years in power ended.
However, no Jirga has been held – despite the second anniversary of government only 12 days away.
"The Afghanistan constitution has declared everything about the presidency period and composition of a Loya Jirga. By holding a Loya Jirga an amendment to the constitution should be made," said Dawa Khan Menapal, deputy spokesman of president.
But lawyers have said that it is impossible for the NUG to hold a Loya Jirga ahead of the second anniversary and that the NUG leaders need to do something to legitimize the NUG once the two-year mark is passed.
Parliament and district council elections have also not been held – another prerequisite in terms of the agreement.
As such, the question is whether the NUG will still be legitimate after 12 days.
Gul Rahman Qazi, former head of the monitoring commission for the implementation of the constitution said: "... It is obvious the people should decide about the future of the country."
"According to the law, there is no other option to ensure the legitimation of the NUG except by holding a Loya Jirga," said Ainuddin Bahaduri, executive director of Afghanistan's lawyers union.
NUG leaders had promised the people it would convene a Loya Jirga to amend the constitution within the first two years to decide about the political system of Afghanistan.
"We cannot shorten the period of the NUG government based on the political agreement, because the amendment has not been brought to the constitution, the shortening of the period of presidency is against the constitution. If they are losing their legitimacy, it is because they have not fulfilled the promises they made to the people," said Abdul Samad Azizi, a lawyer.
Based on the political agreement, after holding the Loya Jirga and bringing an amendment to the constitution, the CEO's position will change to that of prime minister.