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Constitution of the United Mexican States (consolidated text published in the Official Journal of the Federation on July 29, 2010)

 Constitución Política de los Estados Unidos Mexicanos (texto consolidado publicado en el Diario Oficial de la Federación el 29 de julio de 2010)

First edition: August 2005 Second edition: November 2008 Third edition: March 2010 Fourth edition: August 2010 All rights reserved. © Mexican Supreme Court Av. José María Pino Suárez, No. 2 C.P. 06065, México, D.F.

Printed in Mexico

Translators: Dr. José Antonio Caballero Juárez and Lic. Laura Martín del Campo Steta.

Translation updated by: Lic. Sergio Alonso Rodríguez Narváez and Estefanía Vela

The update, edition, and design of this publication was made by the General Management of the Coordination on Compilation and Systematization of Theses of the Mexican Supreme Court.

Mexican Supreme Court

Justice Guillermo I. Ortiz Mayagoitia President

First Chamber

Justice José de Jesús Gudiño Pelayo President

Justice José Ramón Cossío Díaz

Justice Olga María Sánchez Cordero de García Villegas

Justice Juan N. Silva Meza

Justice Arturo Zaldívar Lelo de Larrea

Second Chamber

Justice Sergio Salvador Aguirre Anguiano President

Justice Luis María Aguilar Morales

Justice José Fernando Franco González Salas

Justice Margarita Beatriz Luna Ramos

Justice Sergio A. Valls Hernández

Publications, Social Communication, Cultural Diffusion and Institutional Relations Committee

Justice Guillermo I. Ortiz Mayagoitia

Justice Sergio A. Valls Hernández

Justice Arturo Zaldívar Lelo de Larrea

Editorial Committee

Mtro. Alfonso Oñate Laborde Technical Legal Secretary

Mtra. Cielito Bolívar Galindo General Director of the Theses Compilation

and Systematization Bureau

Lic. Gustavo Addad Santiago General Director of Diffusion

Judge Juan José Franco Luna General Director of the Houses of

Juridical Culture and Historical Studies

Dr. Salvador Cárdenas Gutiérrez Director of Historical Research

CONTENT

FOREWORD ................................... IX

TITLE ONE CHAPTER ONE Fundamental rights ............................................1

CHAPTER TWO Mexican nationals ............................................95

CHAPTER THREE Aliens ................................................................99

CHAPTER FOUR Mexican citizens ............................................. 101

TITLE TWO CHAPTER ONE National sovereignty and form of government ..................................................... 107

V

VI Political Constitution of the United Mexican States

CHAPTER TWO Parts composing the Federation and national land territory ............................. 127

TITLE THREE CHAPTER ONE The division of Powers ..................................... 131

CHAPTER TWO The Legislative Branch .................................... 133

Section First Election and installation of Congress ......... 133

Section Second The initiation and enactment of laws ......... 150

Section Third The Powers of Congress ................................ 155

Section Fourth The Permanent Commission ........................ 181

Section Fifth The Federation’s Superior Supervising Entity ........................................ 184

CHAPTER THREE The Federal Executive Branch ......................... 193

CHAPTER FOUR The Judicial Branch ........................................ 205

VII

TITLE FOUR The liabilities of public officers ........................ 257

TITLE FIVE The States of the Federation and the Federal District .......................................... 269

TITLE SIX Labor and social welfare ................................. 321

TITLE SEVEN General provisions .......................................... 347

TITLE EIGHT Amendments to the Constitution ..................... 359

TITLE NINE The inviolability of the Constitution ................ 361

TRANSITORY ARTICLES ................... 363

THE FOLLOWING ARTICLES WERE REFORMED ON JUNE 18TH 2008, ACCORDING TO A DECREE OF REFORMS PUBLISHED IN THE OFFICIAL GAZETTE OF THE FEDERATION; HOWEVER, TO SOME EXTENT THEY ARE STILL IN FORCE, SINCE THE NEW CRIMINAL SYSTEM SHALL BE COMPLETELY IN VIGOR WITHIN A TERM OF EIGHT

YEARS FOLLOWING THE DATE OF SAID DECREE. THUS

VIII Political Constitution of the United Mexican States

THEY ARE PRESENTED HERE AS THEY WERE BEFORE THEIR

MODIFICATIONS, ALONG WITH THE TRANSITORY ARTICLES OF THE REFORM. ...................................................

DECREE OF REFORMS AND ADITIONS OF SEVERAL ARTICLES OF THE POLITICAL CONSTITUTION OF THE UNITED MEXICAN STATES, PUBLISHED ON THE OFFICIAL GAZETTE OF THE FEDERATION ON JUNE 18TH 2008. ......................................................... 441

BIBLIOGRAPHY ............................. 447

FOREWORD

Due to the increasing interest shown by foreign

institutions and scholars on Mexican law, the

Supreme Court of Justice of the Nation decided to

make an English translation of the Political

Constitution of the United Mexican States. This

fourth edition, revised and updated as for July 2010,

will allow English speaking readers to better know

the Fundamental and Social Rights recognized by

our Constitution, as well as the structure of the

Branches of Government. This way the reader will

be able to know and understand the basic

characteristics of the Mexican legal system.

As its previous edition, this one is aimed at those

English speaking scholars interested in the

IX

X Political Constitution of the United Mexican States

comparison of legal systems. From its reading, they

will acknowledge that the Mexican Constitution has

been up to the challenges of the 21st century.

Committee of Publications, Social Communication,

Cultural Diffusion and Institutional Relations of the

Mexican Supreme Court

Justice Sergio A. Valls Hernández

Justice Arturo Zaldívar Lelo de Larrea

Justice Guillermo I. Ortiz Mayagoitia

1

TITLE ONE

CHAPTER ONE Fundamental rights1

Article 1. In the United Mexican States, all persons

shall enjoy the fundamental rights recognized by

this Constitution, which may not be abridged nor

suspended except in those cases and under such

conditions as herein provided.

Slavery is forbidden in the United Mexican States.

Slaves who shall step into Mexican territory shall,

The term is used here in the sense of constitutional protections, equivalent to the Bill of Rights which comprises the summary of rights and liberties of the people, or the principles of constitutional law deemed essential and which guarantee the rights and privileges to the individual, such as the first Ten Amendments of the Constitution of the United States of America. (Campbell Black, Henry, Black’s Law Dictionary, 6th ed., St. Paul, Minnesota, Abridged, West Publishing Co., 1991, p. 113 and 115.)

1

2 Political Constitution of the United Mexican States

just by this fact alone, attain their freedom and the

protection of the laws.

Every form of discrimination motivated by ethnic

or national origin, gender, age, incapacities, sexual

preferences, status or any other which attempt on

human dignity or seeks to annul or diminish the rights

and liberties of the people, is prohibited.

Article 2.2 The Mexican Nation is one and indivisible.

The Nation has a multicultural composition, originally

sustained on its indigenous peoples, who are those

regarded as indigenous on account of their descent

from the populations that originally inhabited the

Country’s current territory at the time of colonization,

who retain some or all of their own social, economic,

cultural and political institutions.

In the translation of this Article the terms selected were those used in the Convention No. 169 of International Labor Organization, Concerning Indigenous and Tribal Peoples in Independent Countries, since this Article was inspired in the aforesaid Convention and it provides better understanding of the meaning.

2

Title One 3

The fundamental criteria to determine to whom the

provisions on indigenous people apply shall be

the self-identification of their indigenous identity.

Those communities which constitute a cultural,

economic and social unit settled in a territory, that

recognize their own authorities according to their

uses and customs are the ones that comprise an

indigenous folk.

Indigenous people’s right to self-determination

shal l be exercised within a framework of

constitutional autonomy safeguarding national

unity. The constitutions and laws of the Federal

District and of the States shall recognize indigenous

people and communities and shall also include the

general principles established in the previous

paragraphs of this Article, as well as ethnic-linguistic

and land settlement criteria.

A. This Constitution recognizes and protects the

right to self-determination of indigenous people

and communities and, consequently, their right

to autonomy, so that they may:

4 Political Constitution of the United Mexican States

I. Decide the ways of their community life as

well as their social, economic, political and

cultural organization.

II. Enforce their own legal systems to regulate

and solve their internal conflicts, subject to the

general principles of this Constitution, respecting

constitutional rights, human rights, and in a

relevant manner, the dignity and integrity of

women. The Law shall establish the cases and

validation procedures by the corresponding

judges or courts.

III. Elect, in accordance with their traditional

rules, procedures and practices, their authorities

or representatives to exercise their form of internal

government, guaranteeing the participation of

women under equitable conditions before men,

respecting the Federal Union Pact and the States’

sovereignty.

IV. Preserve and promote their languages,

knowledge and all those elements that constitute

their culture and identity.

Title One 5

V. Maintain and improve their habitat and preserve

the integrity of their lands as provided in this

Constitution.

VI. Attain preferential use and enjoyment of any

natural resources located in the sites inhabited

and occupied by the communities, save for the

ones pertaining to strategic areas as provided

in this Constitution. The foregoing rights shall

be exercised respecting the nature and classes of

land ownership and land tenure set forth in this

Constitution and the laws on the matter, as well

as the rights acquired by third parties or by

members of the community. To achieve these

goals, communities may constitute partnerships

under the terms established by the Law.

VII. Elect representatives before town councils

in those Municipal i t ies with indigenous

population.

The constitutions and laws of the Federal District

and the States shall recognize and regulate these

rights in Municipalities, with the purpose of

strengthening their participation and political

6 Political Constitution of the United Mexican States

representation in accordance with their traditions

and standards.

VIII. To have full access to State jurisdiction. To

protect this right, in all trials and procedures

to which they are party, individually or collectively,

the particularities of their customs and culture

must be taken into account, respecting the

provisions of this Constitution. Indigenous

people have at all times the right to be assisted

by interpreters and counselors who are familiar

with their language and culture.

The constitutions and laws of the Federal District

and the States shall determine those elements

of self determination and autonomy that may

best express the conditions and aspirations of

indigenous people in each State, as well as the

provisions for the recognition of indigenous

communities as entities of public interest.

B. In order to promote equal opportunities for

indigenous people and to eliminate any

discriminatory practices, the Federation, the

Title One 7

Federal District, the States and the Municipalities,

shall establish the institutions and shall determine

the policies needed to guarantee full force and

effect of indigenous people’s rights and the

comprehensive development of their towns

and communities. Such policies shall be designed

and operated jointly with them.

In order to decrease the needs and lags affecting

indigenous towns and communities, authorities

are obliged to:

I. Promote regional development in indigenous

areas with the purpose of strengthening local

economies and improving the quality of life of

their people, through coordinated actions

among the three levels of government with the

participation of the communities. Municipal

authorities shall equitably determine the budget

allocations that indigenous communities shall

directly administer for specific goals.

II. Guarantee and increase educational levels,

favoring bilingual and cross-cultural education,

8 Political Constitution of the United Mexican States

literacy, the conclusion of elementary education

by students, technical training and medium and

higher education. To establish a scholarship system

for indigenous students at all levels. To define

and develop educational programs of regional

content which recognize the cultural heritage

of their peoples in accordance with the laws on

the matter and consulting it with indigenous

communities. To promote respect for and

knowledge of, the diverse cultures in the Nation.

III. Assure effective access to health services by

increasing the coverage of the national system

of health, but benefiting from traditional medicine,

and also to support better nutrition for indigenous

people through food programs, especially for

children.

IV. Improve indigenous communities’ living

conditions and their spaces for socializing and

recreation through actions facilitating access to

public and private financing for housing

construction and improvements, and also to

extend the coverage of basic social services.

Title One 9

V. Foster the incorporation of indigenous women

to development by supporting productive projects,

protecting their health, granting incentives to

privilege their education and their participation

in decision making processes regarding community

life.

VI. Extend the communication network enabling

the integration of communities, by constructing

and expanding transportation routes and

telecommunication means. To develop the

conditions required so that indigenous people

and communities may acquire, operate and

manage means of communication, in accordance

with the terms set forth by the laws on the matter.

VII. Support productive activities and sustainable

development of indigenous communities through

actions aimed at, allowing them to attain economic

self-reliance, applying incentives for public and

private investments which foster the creation

of jobs, incorporating technology to increase their

own productive capacity, and also insuring

equitable access to supply and marketing systems.

10 Political Constitution of the United Mexican States

VIII. Establish social policies to protect indigenous

migrants in Mexican territory, as well as in foreign

countries, through actions designed to guarantee

the labor rights of farm workers;3 to improve health

conditions of women, support children and youth

of migrant families with special educational and

food programs; to ensure that indigenous people’s

human rights are respected and promote their

cultures.

IX. Consult indigenous people when preparing

the National Development Plan and the States and

Municipalities plans, and if appropriate, to

incorporate their recommendations and proposals.

To guarantee compliance with the obligations

set forth herein, the House of Deputies of the

Congress of the Union, the Federal District and

the State Legislatures and Municipal councils,

In the context of the Mexican constitution, laborers means workers dedicated not only to farming but also to any other agricultural jobs. (Becerra, Javier F., Dictionary of Mexican Legal Terminology, México, Escuela Libre de Derecho, 1999, p. 766.)

3

Title One 11

within the scope of their respective jurisdictions,

shall establish specific items allotted to the

fulfilment of these obligations in the expenditure

budgets they shall approve, as well as the

procedures enabling communities to participate

in the exercise and supervision thereof.

Notwithstanding the rights herein set forth to the

benefit of indigenous individuals, their communities

and people, any community equated to them shall

have, as applicable, the same rights as the indigenous

people, as provided by the Law.

Article 3. All people have the right to education.

The State (the Federation, the Federal District, the

States, and Municipalities) shall provide pre-school,

elementary and secondary education. Pre-school,

elementary and secondary education are mandatory.

The education provided by the State shall aim to

develop harmoniously all human values and shall

induce in pupils both, love for the Homeland and

a consciousness of international solidarity, in

independence and in justice.

12 Political Constitution of the United Mexican States

I. The education provided by the State shall be

secular and, therefore, shall be maintained entirely

apart form any religious doctrine, in accordance

with the right of freedom of beliefs set forth

under Article 24 herein;

II. The guiding principles for education provided

by the State shall be grounded on the results of

scientific progress; such education shall also strive

against ignorance and its effects, servitudes,

fanaticism and prejudices.

Furthermore:

a) It shall be democratic, considering democracy

not only as a legal structure and as a political

régime, but also as a way of life grounded on

the constant economic, social and cultural

development of the people;

b) It shall be national in the understanding that it

shall address, without hostilities or exclusiveness,

the comprehension of the country’s problems, the

utilization of its resources, the defense of its

Title One 13

political independence, the assurance of its

economic independence and the continuity and

development of its culture, and;

c) It shall contribute to a better human coexistence

both, by the elements it shall provide aiming to

strengthen in the pupil, the conviction of the

general interest of society along with an

appreciation for human dignity and for the integrity

of the family, and by the care devoted to sustain

the ideals of brotherhood and equality of rights

for all men, avoiding privileges by reason of race,

creed, groups, sex or individuals;

III. To fully comply with the provisions set forth

under paragraph second and under section

II, the President of the Republic shall establish

the academic curriculum applicable in the

Republic for pre-school, elementary and secondary

education, as well as for schools of education.4

This term refers to schools of education (Normal). “Normales” are the institutions that provide professional education for teachers.

4

14 Political Constitution of the United Mexican States

To that end, the President of the Republic shall

take into account the opinion of State governments

and of the Federal District, as well as the opinions

of all groups of society involved in education,

under the terms provided by the Law;

IV. All education provided by the State shall be

free;

V. Besides providing pre-school, elementary and

secondary education as set forth in the first

paragraph hereinbefore, the State shall promote

and take care of education of all types and levels,

including basic and higher education, which are

necessary for the development of the Nation; it

shal l support scienti f ic and technologic

research, shall strengthen and promote the

country’s culture;

VI. Private persons may provide all kinds and

all particularities of education. In accordance with

the terms set forth by the Law, the State shall

grant and withdraw official accreditation to studies

conducted in private institutions. In the case of

Title One 15

pre-school, elementary, secondary and schools

of education, private persons must:

a) Provide education in accordance with the

same purposes and criteria established in

paragraph second and section II, as well as to

comply with the academic curriculum set forth

in section III, and

b) Attain, in every case, a previous authorization

from public authorities, under the terms provided

by the Law.

VII. Universities and all other higher education

institutions upon which the Law has conferred

autonomy, shal l have the powers and

responsibility to govern themselves; they shall

carry out their purposes of educating, doing

research and promoting culture in accordance

with the principles established in this Article,

respecting freedom to teach and to do research

and freedom to analyze and discuss ideas; they

shall determine their academic curriculum;

they shall establish the terms for the engagement,

16 Political Constitution of the United Mexican States

promotion and tenure of their academic personnel;

and they shall manage their Estate. Labor

relationships both with academic personnel and

with management personnel, shall be governed

by section A of Article 123 of this Constitution,

under the terms and in accordance to the

prescriptions established by the Federal Labor

Law, subject to the nature pertaining to a specially

regulated work,5 in a manner consistent with the

autonomy, freedom of teaching and research and

the goals of the institutions referred herein,

and

VIII. In order to unify and coordinate education

throughout the Republic, the Congress of the

Union shall issue the necessary laws to distribute

the social duty of educating among the

Federation, the Federal District, the States and

the Municipalities and shall establish the

Mexican labor legislation regulates specifically the particularities of certain types of work, such as railroad employees, employees in graduate schools and universities, and hotel employees, among others.

5

Title One 17

corresponding financial allocations for such

public service and the penalties applicable to

such officials who fail to comply or enforce the

respective provisions, and to any one infringing

them.

Article 4. Man and woman are equal before the

Law. The Law shall protect the organization and

development of the family.

Every individual has the right to decide in a free,

responsible and informed manner the number of

children desired and the timing between each of them.

Every person has the right to health protection.

The Law shall set forth the rules and conditions to

access health services and shall establish the

concurrence of the Federation, the Federal District

and the States in matters of general public health,

as provided in section XVI of Article 73 of this

Constitution.

Every person has the right to an environment suited

to his development and well being.

18 Political Constitution of the United Mexican States

Every family has the right to live in a dignified and

decorous housing. The Law shall establish the

instruments and supports needed to attain such goal.

Children are entitled to have their food, health,

education and recreation necessities fulfilled for

their integral development.

Ascendants, tutors and guardians have the duty to

preserve these rights. The State shall take the

necessary measures to foster respect for the dignity

of children and the full exercise of the rights of

the child.

The State shall grant facilities to private persons

so that they may assist in attaining the fulfillment of

the rights of the child.6

Every person has the right to access culture and

enjoy the goods and services thereof provided by

the State, as well as exercising their cultural

rights. The State shall promote the means to spread

In the translation of this Article the terms selected were those used in the Convention on the Rights of the Child of 1989.

6

Title One 19

and develop culture, taking into account the

cultural diversity in all its manifestations and

expressions, with consideration for creativity. The

law shall set forth mechanisms to access and

participate in every cultural manifestation.

Article 5. No person may be prevented from

engaging in the profession, industry, business or

work of his choice, provided it is lawful. The exercise

of this freedom may only be banned by judicial

resolution, when the rights of third parties are

infringed or by government order, issued under

the terms set forth by the Law, when the rights of

society are offended. No one may be deprived from

the product of his work, save by judicial resolution.

In each State, the Law shall establish the professions

which require a license for their practice, the

qualifications to be met in order to obtain it and

the authorities who shall issue it.

No one can be compelled to render personal

services without fair compensation and without his

full consent, unless the work has been imposed as

20 Political Constitution of the United Mexican States

a penalty by a judicial authority; in which case,

working conditions shall abide by the provisions

in sections I and II of Article 123.

Regarding public services, only the following shall

be mandatory, subject to the terms established in

the respective laws: military and jury services, service

as municipal councilman and the discharge of official

duties attained through direct or indirect elections.

Electoral and census duties shall be mandatory and

gratuitous, but a remuneration shall be paid for

professional services rendered as provided by this

Constitution and any applicable laws. Professional

services of a social nature shall be mandatory and

remunerated as provided by the Law, with the

exceptions set forth therein.

The State cannot permit the execution of any contract,

compound or agreement which purpose is the

demerit, loss or irrevocable sacrifice of a person’s

liberty for whatever cause.

Nor is any agreement admissible whereby the person

agrees to his own proscription or exile or by which

Title One 21

he temporarily or permanently waives his right to

exercise a certain profession, industry or business.

A labor contract shall only oblige to render the

service agreed upon during the term set forth by

the Law, which may not exceed one year to the

detriment of the worker, and in no case may it

include the waiver, loss or impairment of any

political or civil right.

Failure to perform said contract, by the worker,

shall only render him answerable for applicable

civil liability, but never may be exerted any coercion

against his person.

Article 6. Manifestation of ideas shall not be

submitted to judicial or administrative inquiry, except

in the case of attempts on moral or third party rights,

or if it is a means to commit a felony or disturb

public order; opportunity to answer shall be exercised

according to law. The State shall guarantee the right

to information.

In order to exercise the right to information, the

Federation, the States and the Federal District, in

22 Political Constitution of the United Mexican States

the sphere of their own cognizance, shall be ruled

by the following principles:

I. All information in custody of any federal, local

or municipal authority, entity, organ or organism,

is public and shall be held temporarily due to

public interest and according to law. In interpreting

this right, principle of maximum publicity shall

prevail.

II. Information regarding private life and personal

data shall be protected according to law and

with the exceptions established therein.

III. Every person, without the need to prove

interest or justification, shall have free access

to public information, his personal data or its

rectification.

IV. Mechanisms of access to information and

quick review procedures shall be established.

These procedures shall be substantiated before

specialized and impartial organs and organisms,

autonomous in operation, formalities and decision.

Title One 23

V. Obliged subjects shall preserve their documents

in updated administrative files, and by electronic

means available shall publish complete and

updated information about their management

indicators and the exercise of public resources.

VI. The Law shall determine how obligated

subjects shall publish information concerning

public resources delivered to natural or artificial

persons.

VII. Non-fulfillment of dispositions about access

to public information shall be penalized

according to Law.

Article 7. The freedom to write and publish

documents on any subject is unrestricted. No law

or authority may establish previous censorship,

require bonds from authors or printers, or restrict

freedom of printing, which is only limited by respect

to private live, to morals and public peace. In no

case, printing instruments may be seized as the

instrument of a crime.

24 Political Constitution of the United Mexican States

Organic laws shall include all the provisions required

to prevent that, under the pretense of accusations of

crimes of the press, newsboys, retailers, workers

and any other employees of the workshop that

published the denounced writing pretend to be

incarcerated, unless their liability is previously

demonstrated.

Article 8. Public officers and employees shall

respect the exercise of the right of petition provided

it is made in writing and in a peaceful and respectful

manner; but in political issues, only citizens of the

Republic may exercise this right.

Every petition must be decided in writing by the

authority to whom it was addressed, who has

the duty to reply to the petitioner within a brief term.

Article 9. The right to peacefully associate or to

assembly for any licit purpose may not be restricted;

but only citizens of the Republic may do so to take

part in the political affairs of the country. No armed

meeting has the right to deliberate.

No assembly or meeting may be dissolved nor

deemed unlawful which shall have for its purpose

Title One 25

to make a petition or to submit an objection against

an act or an authority, provided that no insults are

uttered against it, or that there is no resort to violence

or threats to intimidate or force the decision of

such authority in the sense desired.

Article 10. The inhabitants of the United Mexican

States have the right to keep arms in their house,

for their security and legitimate defense, with the

exception of those which are prohibited by Federal

Law and those which are reserved for the exclusive

use of the Army, Navy, Air Force and National Guard.

Federal Law shall establish the cases, conditions,

requirements and places where the inhabitants may

be authorized to carry weapons.

Article 11. Every person has the right to enter and

depart the Republic, to travel through its territory

and to change his residence without necessitating

a letter of safe passage, a passport, safe-conduct or

any other similar requirement. The exercise of this

right shall be subordinated to the judiciary, in

criminal and civil liability cases, and to those of the

administrative authorities when it concerns

26 Political Constitution of the United Mexican States

limitations imposed by the laws on immigration and

general public health of the Republic or in respect

to undesirable aliens residing in the country.

Article 12. No titles of nobility, nor prerogatives

and hereditary honors shall be granted in the United

Mexican States, nor shall any effect be given to the

ones granted by any other countries.

Article 13. No one may be tried under private laws

or by ad hoc courts. No person or corporation may

have any privileges nor enjoy emoluments other

than those paid in compensation for public services

and which are set forth by the Law. Military

jurisdiction prevails for crimes and faults against

military discipline; but under no cause and for no

circumstance may military courts extend their

jurisdiction over persons which are not members

of the Armed forces. When a crime or a fault to

military law involves a civilian, the case shall be

brought before the competent civil authority.

Article 14. No law shall be enforced ex post facto

in the detriment of any person.

Title One 27

No one shall be deprived of their freedom, properties,

possessions or rights without a fair trial before

previously established courts, according to the

essential formalities of the proceedings and laws

issued beforehand.

In criminal trials it is forbidden to impose, by mere

analogy or reasonable belief, any penalty which is

not expressly set forth in a law applicable in every

respect to the crime in question.

In civil trials, final judgement must be rendered in

accordance with the letter of the law, or with legal

interpretation and in the absence thereof, in

accordance with general principles of law.

Article 15. The celebration of treaties to extradite

political convicts, or ordinary criminals considered

slaves in the country where they committed the crime,

or the agreements or treaties altering the rights

established by this Constitution for the people and

the citizen shall not be authorized.

Article 16. No one may be disturbed in his person,

family, home, papers or possessions, except by written

28 Political Constitution of the United Mexican States

order of a competent authority, duly grounded in

law and fact which sets forth the legal cause of the

proceeding.

Every person has the right to the protection of their

personal data, to access, rectify and cancel them,

as well as to oppose as provided by the law, which

shall establish the cases of exception to the principles

of data treatment, for reasons of national security,

public order regulations, public safety and health

or to protect third party rights.

No arrest warrant may be issued except by the judicial

authority upon previous accusation or complaint

for the commission of an act which is described as

a crime by the law, punishable with imprisonment,

and unless there is evidence to prove that a crime

has been committed and that there are sufficient

elements to believe that the suspect committed it

or was an accessory.

The authority executing an arrest warrant issued

by a court shall bring the suspect before the judge

without any delay and under its sole responsibility.

Title One 29

Any contravention to the foregoing shall be punished

by criminal law.

In cases of flagrante delicto,7 any person may detain

the suspect bringing him without delay under

custody of the nearest authority and the latter,

without delay, shall bring him before the Public

Prosecutor.8

Only in urgent cases, when dealing with a felony

qualified as such by the law and under reasonable

risk that the suspect could evade the action of justice,

should there not be a judicial authority available

because of the hour, place or circumstance, the Public

Prosecutor may, under his responsibility, order his

detention, stating the grounds of law and fact and

the circumstantial evidence underlying such decision.

In cases of urgency or flagrante delicto, the judge

before whom the person in custody is presented

shall immediately confirm the arrest or order his

7 Flagrante delicto is a crime discovered while in progress. 8 Means Ministerio Público depending on the context.

30 Political Constitution of the United Mexican States

release, subject to the conditions established in the

Law.

Judicial authority, at the request of the Public

Prosecutor and in the case of felonies committed by

organized crime, can decree to put a person into

informal detention, as long as that is necessary for

the success of the investigation, the protection of

people or legally protected goods, or when there

is the risk to have the accused avoiding the action

of justice. This term can be prolonged, provided

the Public Prosecutor proves that the causes that

originate it still remain. In any case, the informal

detention shall not last more than eighty days.

The term organized crime refers to an organization

of three or more people gathered together to commit

crimes in a permanent or frequent manner, in the

terms provided by the correspondent Law.

No one charged with a crime may be detained by

the Public Prosecutor for more than forty eight

hours, term whereupon his release shall be ordered

or he shall be brought before a judicial authority.

Title One 31

Such term may be duplicated in cases established

by the law as organized crime. Any abuse in respect

to what has hereinbefore been provided shall be

punished by criminal law.

At the request of the Public Prosecutor, only a judicial

authority may issue a search warrant which must be

in writing. Every search warrant must describe the

place to be searched, the person or persons to

be detained and the objects to be seized, to which

this act shall be exclusively restricted, preparing in

site, upon the conclusion of the search, a fact finding

report, before two witnesses proposed by the

occupant of the place searched or in his absence or

refusal, by the acting authority.

Private communications are secret. The law shall

punish according to criminal law any action against

the liberty and privacy of such communications,

except when they are voluntarily given by one

of the individual involved in them. A Judge shall

assess the implications of such communications,

provided they contained information related to the

commission of a crime. Communications that violate

32 Political Constitution of the United Mexican States

the confidentiality duty established by the law shall

not be admitted.

Only a federal judicial authority may authorize the

intervention of any private communications, upon

request by the federal authority empowered by the

law or by the Public Prosecutor of the corresponding

State, wherefore the competent authority shall, in

writing, ground in law and fact the legal causes of

the request describing therein the class of intervention

required, the subjects and the term thereof. The federal

judicial authority may not grant these authorizations

when the matters involved are of electoral, fiscal,

commercial, civil, labor or administrative nature, nor

in the case of communications of the defendant with

its attorney.

The judiciaries shall have control judges who shall

immediately and by any means solve the requests

of cautionary measures, precaution rulings and

investigation techniques of the authority that require

judicial control, ensuring the rights of the accused and

the victims or offended parties. There shall be an

authentic registry of all the communications between

Title One 33

judges and the Public Prosecutor and other competent

authorities.

Authorized interventions shall be subject to the

requirements and limitations set forth in the laws.

The results of interventions which do not comply

with the aforesaid requirements shall not be admitted

as evidence.

Administrative authorities may carry out inspections

to private facilities only for ascertaining whether

sanitary and police regulations have been complied

with; and to require to be shown such books and

papers which are indispensable to corroborate that

fiscal provisions have been complied with, in which

cases such authorities shall be subject to the provisions

of the respective laws and to the formalities for search

warrants.

The sealed correspondence circulating through the

mail shall be exempt from any search and the violation

thereof shall be punishable by the Law.

No member of the Army shall in times of peace be

quartered in a private house against the will of the

owner nor impose any requirements. In times of

34 Political Constitution of the United Mexican States

war the military can demand lodging, baggage, food

and other requirements in the terms set forth by

the applicable martial law.

Article 17. No one may take the law unto his own

hands, nor resort to violence to enforce his rights.

Every person has the right to petition justice before

courts of law which shall be ready to provide it

under the terms and conditions set forth by the

laws, and shall issue their judgments in a prompt,

complete and impartial manner. Their services shall

be free and consequently, judicial fees are

prohibited.

The Congress of the Union shall issue laws to

regulate collective actions. Such laws shall

determine how those actions shall be applied, the

correspondent judicial procedures and the means

to make amends. Federal Judges shal l be

exclusively competent to solve these procedures

and means.

The laws shall provide alternative mechanisms to

resolve controversies. In criminal matters they shall

Title One 35

regulate its application, ensure reparations and

establish the cases in which judicial supervision

shall be required.

Oral proceedings shall end with a sentence which

shall be explained in a public hearing before the

parties, who shall be previously called.

Federal and local laws shall provide the necessary

means to guarantee the independence of the courts

and the full enforcement of their judgements.

The Federation, the States and the Federal District

shall ensure the existence of a public defenders office

for the population, as well as the conditions for a

professional career service for the defenders. The

defenders’ fees shall not be inferior to those of

the Public Prosecutor agents.

No one may be imprisoned by debts solely of a

civil nature.

Article 18. Pretrial detention may only be applied

for crimes punishable by imprisonment. The place

of confinement shall be different and shall be

separate from the one used for convicted persons.

36 Political Constitution of the United Mexican States

The prison system shall be organized on the

grounds of labor and the training for it, education,

health and sports as a means to reinstall the inmate

into society and to make sure he does not transgress

again, noting the benefits that the law ensures him.

Women and men shall be imprisoned in separate

places.

The Federation, the States and the Federal District

can make agreements to have the inmates accused

of crimes within their field of cognizance serve their

sentence in prisons under a different jurisdiction.

The Federation, the States and the Federal District

shall establish, within the field of their respective

cognizance, an integral justice system which shall

apply to those accused of a felony according to

penal laws and are between twelve and eighteen

years of age, in which the fundamental rights

recognized for everyone by this Constitution are

ensured, as well as those specific rights they are

entitled to for their state of development. People

under twelve years of age who have committed a

crime shall only be subjected to rehabilitation and

social assistance.

Title One 37

The management of the system on every level of

Government shall correspond to institutions, courts

and authorities who are specialized on legal

procedures regarding adolescents. In observance

of the integral protection and interest of the

adolescent, means of orientation, protection and

treatment may be applied if the particular case

merits it.

If appropriate, alternative forms of justice shall be

observed when applying the system. Due process

of law and independence among authorities in

charge shall be observed whenever an adolescent is

prosecuted. Every measure imposed by the

authorities shall be proportional to the misconduct

and shall seek social and familiar reintegration of

the adolescent and the plain development of his

person and capacities. Confinement shall only be

used as an extreme measure and for a brief period

of time, and it shall be applied only to adolescents

above fourteen years of age who have committed

grave and antisocial deeds.

Convicts of Mexican nationality who are serving

imprisonment penalties in foreign countries may be

38 Political Constitution of the United Mexican States

brought to the Republic to serve their sentences

under the grounds of the social readjustment Systems

provided in this Article, and convicts of foreign

nationality convicted for federal crimes throughout

the Republic or for crimes under the local jurisdiction

of the Federal District, may be transferred to

their countries of origin or of residence, provided

that International treaties have been signed for that

purpose. State governors may request from the

President of the Republic, under the grounds of

their respective local laws, the inclusion in said

treaties of convicts for crimes under State jurisdiction.

Convicts shall only be transferred if they expressly

agree to it.

In the cases and conditions provided by the Law,

convicts may serve their penalties in the penitentiaries

closer to their home, in order to encourage their

reintegration to the community as a means of

readjustment to society. This disposition shall not

be effective in the case of organized crime and

regarding inmates who require special security

measures.

Special centers shall be destined to preventive

imprisonment and the execution of penalties

Title One 39

regarding organized crime. Save for access to their

defenders, competent authorities shall restrict

communication between the accused and the

convicted of organized crime with third parties,

and to impose measures of special surveillance on

the inmates. This can be applied to other inmates

who require special security measures in the terms

set forth by the law.

Article 19. No detention before a judicial authority

may exceed a term of seventy two hours from the

time the defendant is brought under its custody,

without a formal order of entailment to process, which

must set forth the crime he is charged with, the

place, time and circumstances of the crime; as well

as the evidence furnished by the preliminary criminal

inquiry, which must be sufficient to establish that a

crime has been committed and the probable liability

of the suspect.

The Public Prosecutor can only request from the

Judge preventive prison when other cautionary

measures are not enough to ensure the presence

of the accused in his trial, the development of the

40 Political Constitution of the United Mexican States

investigation, the protection of the victim, witnesses

or community, as well as when the accused is

on trial or had been previously convicted for having

committed a deceitful crime. The Judge shall

determine ex officio in the case of organized crime,

deceitful homicide, rape, kidnap, crimes committed

with firearms or explosives, as well as grave crimes

against national security, the free development of

personality and health.

The Law shall determine the cases in which the

Judge shall be able to revoke the liberty granted

to the individuals subjected to trial.

The term to deliver the order of entailment to

process can be prolonged only at the request of

the accused as set forth by the Law. Prolonging the

detention to his detriment shall be sanctioned

by penal law. The authority in charge of the

establishment in which the accused is committed,

which in the aforesaid term does not receive

authorized copy of the order of entailment and of

that which decrees preventive prison, or the request

to extend the constitutional term, shall attract the

Title One 41

Judge’s attention about the matter as soon as the

term ends and, if the said evidence is not received

within the next three hours, the accused shall be

set free.

Every proceeding shall be compulsorily instituted

only for the crime or crimes charged in the order to

stand trial in commitment or in the order to stand

trial. If within the course of proceedings it should

appear that another crime has been committed

which is different from the one pursued, it shall

be charged on a separate count, notwithstanding

that a joinder of both proceedings could thereafter

be ordered, if appropriate.

If after the order to stand trial is issued on the

grounds of organized crime the accused should

evade the action of justice or is put under the custody

of a Judge summoning him from abroad, the trial

and the terms for the statute of limitation of the

criminal action shall be suspended.

Any ill treatment when detaining a person or

during confinement, any annoyance without legal

42 Political Constitution of the United Mexican States

justification, any exaction or contribution laid in

jails, constitute an abuse which the laws shall correct

and the authorities shall repress.

Article 20. The criminal proceeding shall be

accusatory and oral. It shall be ruled by the principles

of publicity, contradiction, concentration, continuity

and contiguity.

A. On the general principles:

I. Criminal proceedings are meant for clarifying

the facts, protecting the innocent, ensuring that

the offender does not remain unpunished and

redressing the damages caused by the crime;

II. Every hearing shall take place before a Judge,

whom shall not be able to delegate in somebody

else the clearance and evaluation of evidence,

which shall be done in a free and logic manner;

III. Only the evidence cleared and evaluated in

the hearing shall be used for the purpose of the

sentence. The Law shall set forth the exceptions

and requirements to admit on trial the evidence

Title One 43

presented in advance, which by its nature

require a previous clearance;

IV. The trial shall take place before a Judge who

has not previously tried the case. All arguments

and elements of proof shall be presented in a

public, contradictory and oral manner;

V. The burden of proof to demonstrate the guilt

concerns to the accuser, according to the

criminal offence. On equal terms, the parties shall

sustain the accusat ion or the defense,

respectively;

VI. No Judge shall try matters on trial with any

of the parties without the presence of the other,

taking always into account the principle of

contradiction, save for the exceptions set forth

by this Constitution;

VII. Once the criminal proceeding has begun,

and if the defendant allows it, it shall be terminated

in advance in the cases and modes established

by the Law. If the defendant, voluntarily and

aware of the consequences, acknowledges

44 Political Constitution of the United Mexican States

before the judicial authority his involvement in

the crime and there are enough clues to

corroborate the charges, the Judge shall call

to a sentence hearing. The Law shall establish

the benefits granted to the defendant incase he

accepts his responsibility;

VIII. The Judge shall convict when the guilt of

the accused is certain;

IX. All evidence obtained by violating the

fundamental rights shall be null and void, and

X. All principles to which this Article refers shall

be observed also on the preliminary hearings

of the trial.

B. On the rights of the defendant:

I. The defendant shall be considered presumed

innocent until his responsibility is declared by

a sentence delivered by a Judge;

II. He has the right to declare or remain silent.

From the moment of his arrest he shall be informed

of what caused it and of his right to remain silent,

Title One 45

which cannot be used against him. All forms of

intimidation, torture or denial of communication

are forbidden and shall be sanctioned by the

Law. Any confession made without the assistance

of a counselor shall have no weight as evidence;

III. At the moment of his arrest, as well as before

the Public Prosecutor or the Judge, he shall be

informed of the charges against him and his

rights. In the case of organized crime, the judicial

authority can authorize to keep the accuser’s

name in secret.

The Law shall establish benefits for the

accused, indicted or convict who helps with the

investigation of felonies related to organized

crime;

IV. All witnesses and any other evidence submitted

on his own behalf shall be admitted within the

term the Law deems necessary to that end and

he shall be assisted in securing the presence of

those witnesses whose testimony he may

request, in the terms set forth by the Law;

46 Political Constitution of the United Mexican States

V. He shall be judged in a public hearing by a

judge or court. Publicity shall only be restricted

in the cases established by the Law, for reasons

of national security, public safety, protection of

victims, witnesses and minors, whenever the

disclosure of legally protected data is jeopardized

or when the court considers that it is justified

to do so.

In the case of organized crime, all acts performed

during the investigation shall have probatory

value when they cannot be reproduced during

the trial or there is a risk for witnesses or victims.

This shall not keep the accused from objecting

them and present evidence to them;

VI. He shall be furnished with all the information

on record in the proceedings that he shall request

for his defense;

The accused and his counselor can access to

the investigation records when the accused is

under arrest and prepared to make a statement

or be interviewed. Also, said records can be

Title One 47

consulted before his first hearing before the Judge

in order to prepare his defense. From that moment

on the investigation proceedings cannot be kept

in secret, save for exceptional cases determined

by the Law, whenever that is imperative to

ensure the success of the investigation and

provided that they are revealed in time for

safeguarding the right of the accused to defend

himself;

VII. He shall be tried within a term of four months

in the case of crimes punishable with a maximum

penalty not exceeding two years of imprisonment;

and within a term of one year if the crime is

punishable with a penalty exceeding such term,

unless he shall request a longer term for his

defense;

VIII. He shall have the right to an adequate defense

by a lawyer, whom he shall freely choose even

from the moment of his arrest. If he does not

want a lawyer or cannot appoint one, after

being told to, the Judge shall appoint a public

48 Political Constitution of the United Mexican States

defender. He shall also have a right to have

his counselor present throughout the trial and

the counselor shall be obliged to do it as many

times as he is required to, and

IX. Prison or arrest because of lack of payment

of lawyer’s fees or any other sum of money, or

because of civil liability or any other similar

motive, cannot be extended.

Preventive prison cannot exceed the time set

forth as a maximum punishment according to

the Law for the crime that started the trial and it

shall not exceed the term of two years, except

that its extension is due to the defendant’s right

to defense. If after said term a sentence has not

been delivered, the defendant shall be set free

immediately while the trial is taking place; this

shall not hinder the imposition of other

cautionary measures.

In every prison penalty imposed by a sentence

the time of the arrest shall be computed.

Title One 49

C. On the rights of the victim or the offended party:

I. To receive legal counsel; to be informed of

the rights that the Constitution establishes to

his benefit and whenever he should so require

it, to be informed of the developments of the

criminal proceedings;

II. To assist the Public Prosecutor; to be received

all the information and evidence that he furnishes,

during the preliminary criminal inquiry as well

as during proceedings, and for appropriate

proceedings to be carried out.

Whenever the Public Prosecutor does not consider

necessary to carry out the proceeding, he must

state the grounds of law and fact justifying his

refusal.

III. To receive urgent medical and psychological

attention, from the moment the crime was

committed.

IV. To recover damages. Whenever it should be

legally admissible, the Public Prosecutor is obliged

to require restitution of damages and the Judge

50 Political Constitution of the United Mexican States

shall not acquit the convict from making restitution

if he shall have imposed on him a conviction

sentence.

The Law shall set forth swift and speedy

procedures to enforce judgments in matters of

recovery of damages.

V. To protect his identity and other personal data

in the following cases: minors involved; rape,

kidnap or organized crime; and whenever the

Judge considers it necessary for his protection,

always ensuring the right to defense.

The Public Prosecutor shall ensure the protection

of victims, offended parties, witnesses and all

others who take part in the trial. The Judges

shall watch the fulfillment of this obligation;

VI. To require the injunctions and measures

provided by the Law for his security and

assistance, and

VII. To contest before a judicial authority the

Public Prosecutor’s omissions at investigating

crimes, as well as resolutions on unexercised

Title One 51

criminal prosecution or desisting from it or

keeping it as a secret, or the suspension of

proceedings before the recovery of damages.

Article 21. The investigation of crimes is exclusive

to the Public Prosecutor and the police forces under

his authority and command in the exercise of this

task.

The exercise of the criminal prosecution is exclusive

to the Public Prosecutor. The Law shall determine

the cases in which civilians shall exercise criminal

prosecution before the judicial authority.

The imposition of penalties, their modification and

length are exclusive to the judicial authority.

The imposition of sanctions for infractions to

government and police regulations is exclusive

to administrative authorities, whose sanctions shall

consist solely of fines or incarceration for a term

not to exceed thirty six hours. Should the offender

not pay the fine imposed, the fine shall be

exchanged for the corresponding incarceration

term, which shall never exceed thirty six hours.

52 Political Constitution of the United Mexican States

Should the offender be a laborer, worker or employee,

he may not be fined for an amount exceeding the

sum of his wages for one day.

Should the offender be a non wage worker, the fine

shall not exceed the amount equivalent to one day

of his income.

The Public Prosecutor may consider criteria of

opportunity for exercising criminal prosecution in

the cases and conditions set forth by the Law.

The President of the Republic may, with the

approval of the Senate in every case, acknowledge

the jurisdiction of the International Criminal Court.

Public security is a function in charge of the

Federation, the Federal District, the States and

the Municipalities, and it involves the prevention of

crimes; the investigation and prosecution to make

said security effective, as well as the sanction of

administrative infractions, as provided by the Law,

in the respective jurisdictions set forth by this

Constitution. The performance of the institutions in

charge of public security shall be ruled by the

Title One 53

principles of legality, objectivity, efficiency,

professionalism, honesty and respect to the human

rights acknowledged by this Constitution.

Institutions of public security shall be of a civil,

disciplined and professional kind. The Public

Prosecutor and the police forces of the three levels

of government shall coordinate each other to

fulfill the public security’s goals and they shall

compose the National System of Public Security,

which shall be submitted to the following basis:

a) The regulation of selection, admission, training,

continuance, evaluation, appreciation and

certification of the members of the institutions of

public security. The operation and development

of these actions shall correspond to the Federation,

the Federal District, the States and Municipalities

in the field of their respective attributions.

b) The establishment of the basis of criminal

and personnel data for the institutions of public

security. No one may enter an institution of

public security unless he has been duly certified

and registered in the system.

54 Political Constitution of the United Mexican States

c) The formulation of public policies intended

for the prevention of crimes.

d) The participation of community shall be

determined; it shall contribute, among other

things, to the processes of evaluation of policies

intended to prevent crime as well as the institutions

of public security.

e) The Federation shall deliver funds for public

security on a national level; they shall be brought

to the States and Municipalities to be destined

solely to those ends.

Article 22. Death penalty, mutilation and infamous

penalties, as well as branding, flogging, beating

with sticks, and torture of any kind, the imposition

of excessive fines, confiscation of property and any

other cruel, unusual and transcendental punishments

are prohibited. Every penalty shall be in proportion

to the crime committed and the legally-protected

interest.

The attachment of all or of a portion of a person’s

property for the payment of taxes or fines, or made

Title One 55

under judicial authority to make payment of civil

liability resulting from the commission of a crime,

shall not be deemed confiscation of property. Nor

shall the seizure of property ordered by the judicial

authority under the terms provided by Article 109

in case of illicit enrichment, shall be deemed

confiscation; nor the seizure of goods whose fee

is declared extinct by a sentence. In the case of

fee extinction there shall be a procedure according

to the following regulations:

I. It shall be jurisdictional and autonomous from

the criminal proceedings;

II. It shall take place in the cases of organized

crime, crimes against public health, kidnapping,

car theft and slave trade, in reference to the

following goods:

a) Those that are instrument, object or product

of a crime, even though criminal responsibility

has not been established by a sentence, as long

as there are enough elements to determine that

the crimes occurred.

56 Political Constitution of the United Mexican States

b) Those that are not instrument, object or

product of a crime, but that have been used

or destined to hide or mix the products of it,

provided that the elements established in the

previous clause have taken place.

c) Those that are being used for the commission

of a crime by a third party, if the owner was

aware of it and did not notify to the proper

authority or did something to stop it.

d) Those that are the property of third parties,

but there are enough elements to conclude that

they are the product of patrimonial or organized

crime, and the accused of such felonies behaves

like the owner.

III. Every person who consider themselves affected

can give notice of the respective appeals to

demonstrate the licit origin of the goods and their

acting in good faith, as well as that they were

disabled to be aware of the misuse of their goods.

Article 23. No criminal trial shall have more than

three stages. No one can be tried twice for the same

Title One 57

crime, whether he was acquitted or convicted. The

practice of acquitting for lack of evidence is

prohibited.9

Article 24. Every person is free to practice the

religious beliefs of his choice and to practice all

such ceremonies, devotions or acts of worship

pertaining to his respective faith, provided they do

not constitute a crime or an offence punishable by

the Law.

The Congress of the Union may not enact laws

establishing or prohibiting any religion.

Religious acts of public worship must regularly be

performed inside the churches. Those eventually

performed outside of them shall be subject to the

Law.

In Mexican law, when the evidence was inconclusive, the matter could be disposed of by an order of absolución 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.

9

58 Political Constitution of the United Mexican States

Article 25. The State is in charge of directing national

development and must guarantee that such

development is comprehensive and sustainable, that

i t strengthens national sovereignty and its

democratic régime, and that it enables full exercise

of the liberties and dignity of the individuals,

groups and social classes, whose safety is protected

by this Constitution, by promoting economic growth

and employment, and a more just distribution of

income and wealth.

The State shall plan, conduct, coordinate and direct

national economic activity and shall carry out the

regulation and promotion of the activities required

by public interest within the framework of liberties

granted by this Constitution.

The public, social and private sectors shall concur,

with social responsibil i ty, in the economic

development of the Nation, without detriment to

other forms of economic activity that contribute

to the development of the country.

The public sector shall be in charge, in an exclusive

manner, of those strategic areas established in

Title One 59

Article 28, paragraph fourth of the Constitution, and

the Federal Government shall at all times maintain

ownership and control over the entities which may

be established, as appropriate.

Likewise, the State may participate by itself or

along with the social and private sectors, in

accordance with the Law, to foster and organize

such areas which are a priority for development.

Enterprises from the social and private sector of

the economy shall be supported and encouraged

under criteria of social equity and productivity,

subject to the particularities required by public interest

and to the use, for general benefit, of the productive

resources, taking care of their preservation and of

the environment.

The Law shall establish mechanisms to facilitate the

organization and expansion of economic activity

of the social sector: ejidos,10 workers’ organizations,

.

10 Ejido it is a concept that does not have translation. Ejido is a class of rural land tenure in the Mexican system, constituted by land communally held in common by the

60 Political Constitution of the United Mexican States

cooperatives, rural communities, enterprises which

are majority or exclusively owned by workers and,

in general, of all manners of social organization

for production, distribution and consumption of such

goods and services which are necessary for society.

The Law shall encourage and protect economic

activities carried out by private persons and shall

provide the conditions required so that the private

sector’s development contributes to national

economic development, according to the terms set

forth by this Constitution.

Article 26.

A. The State shall organize a system of democratic

planning for national development that gives

ejidatarios (who are the community of peasants who work it), village and cultivation lands that combine collective ownership by the ejido (a rural community) with individual use, to be exploited by the ejidatarios or individual members of the ejido. The disposal and transfer of ejido lands is subject to complex restrictions imposed by the Law. It can not be disposed of by the ejidatario, except upon compliance with certain procedures, involving several ejido and government authorities. It was instituted after the Mexican Revolution, which was the cornerstone of the Mexican land reform. (Becerra, Javier F., op. cit., Note 3, P. 299-300).

Title One 61

solidity, dynamism, permanence and equity to

the growth of the economy pursuant to the

political, social and cultural independence and

democratization of the nation.

The goals of the national project contained in

this Constitution shall determine the objectives

that guide planning. Planning shall be democratic.

The aspirations and requirements of society shall

be collected with the participation of diverse

social sectors, and shall be incorporated into

the development programs and to the plan. There

shall be a national plan for development to which

the programs of Federal Public Administration

shall compulsorily be subject.

The Law shall empower the President of the

Republic to establish the participation and popular

consultation procedures in respect to the national

democratic planning system, and the criteria to

prepare, implement, control and assess the

development programs and the resulting plan.

The Law shall also establish the agencies that

shall be responsible for the planning process

62 Political Constitution of the United Mexican States

and the bases under which the President of the

Republic shall coordinate, through agreements

with State governments, and shall induce and

arrange with private persons the actions to be

undertaken to prepare and to carry out the

planning process.

The Law shall establish the intervention of the

Congress of the Union in the democratic planning

system.

B. The State shall dispose of a National System of

Statistical and Geographical Information with

official data. All data contained in the System

shall be mandatory for the Federation, the States,

the Federal District and the Municipalities, as

provided by the Law.

The System shall be ruled and coordinated by

an organism with technical and management

autonomy, legal personality and its own

patrimony, invested with the necessary faculties

to rule the gathering, processing and publication

of information and will assure its observance.

Title One 63

The organism shall have a Board composed

by five members, one of which shall be its

President; the members shall be designated by

the President of the United Mexican States with

the approval of the Senate or, in its recesses,

by the Permanent Commission of Congress.

The Law shall establish the organization and

functioning of the National System of Statistical

and Geographical Information, according to the

principles of access to information, openness,

objectivity and independence; the requirements

to become a member of the Board, as well as

the tenure in office and how it shall be staggered.

The members of the Board shall only be removed

by a grave cause and they shall not be permitted

any other job, position or commission, except

for unpaid services in educational, scientific,

cultural or beneficiary institutions; and they shall

be subjected to the contents of Title Four of

this Constitution.

Article 27. Ownership of lands and waters within

the boundaries of national land territory is vested

64 Political Constitution of the United Mexican States

originally in the Nation, which has had and has, the

right to transmit title thereof to private persons,

thereby constituting private property.

No expropriations of private property shall be made

but for public convenience and necessity, and

subject to payment of indemnification.

The Nation shall at all time have the right to impose

on private property such restrictions as the public

interest may demand, as well as to regulate, for social

benefit, the utilization of those natural resources

which are susceptible of appropriation, in order to

make an equitable distribution of public wealth,

to conserve them, to achieve a balanced development

of the country and to improve the living conditions

of rural and urban population. Consequently,

measures shall be issued to order human settlements

and to establish adequate provisions, uses,

reserves and allocations of lands, waters and forests,

to carry out public works and to plan and regulate

the creation, maintenance, improvement and growth

of population centers; to preserve and restore

environmental balance; to divide large landed

Title One 65

estates; to provide, under the terms set forth by

the Law, the col lect ive exploi ta t ion and

organization of the ejidos and communal population

centers;11 to develop small rural property;12 to

promote agriculture, cattle breading, forestry and

other economic activities in rural environments, and

to prevent the destruction of natural resources

and damages that property may suffer to the

detriment of society.

11 Communal population center designated as núcleo de población comunal or comunidades, is a Mexican rural land tenure institution constituted by a settlement of peasants holding land in common, which tenure and disposition is also subject to limitations to protect the peasants’ rights. Most of this population centers originated as indigenous rural settlements. Settlers have occupied the land since the times of Spanish colonization. This class of land tenure has also certain particularities and is held in common. Communal population centers are, together with the ejido, institutions of land tenure for the protection of peasants and to prevent land concentrations in the hands of a few. Both institutions constitute the grounds of the Mexican land reform resulting from the 1910 Revolution and are regulated since the inception of this Constitution. (Becerra, Javier F., op. cit., Note 3, P.173)

12 Small Rural property designated as pequeña propiedad is the rural land tenure system that is accepted as private property. Its extension is a maximum of 10,000 hectares or its equivalent in other types of land. Larger landed Estates, called Latifundios were prohibited after the Mexican Revolution and are not permitted to be held in ownership by a single individual.

66 Political Constitution of the United Mexican States

The Nation has full ownership over all natural

resources of the continental shelf and the seabed

and subsoil of the submarine areas of the islands;

over all minerals or substances in veins, layers,

masses or ore pockets, constituting deposits which

nature is different from the components of the

earth, such as the minerals from which metals and

metalloids to be used in industry are extracted;

beds of precious stones, rock salt and deposits of

salts formed by sea water; the products derived

from rock decomposition, when their exploit

requires underground work; minerals or organic

deposits susceptible to be utilized as fertilizers; solid

mineral fuels; petroleum and all solid, liquid or

gaseous hydrocarbons; and the space located over

national land territory, in the extension and under

the terms established by International Law.

The Nation has full ownership over the waters of

territorial sea in the extension and under the terms

set forth by International Law; over internal waters;

waters of lagoons and estuaries permanently or

intermittently connecting with the sea; those of

Title One 67

natural inland lakes which are directly connected

with streams constantly flowing; river waters and

their direct and indirect tributaries, from the site

of the riverbed where the first permanent,

intermittent or torrential waters start to flow, to

their mouth in the sea, lakes, lagoons or estuaries

owned by the nation; those of constant or intermittent

streams and their direct or indirect tributaries,

whenever their beds along all the length of its way

or in a portion thereof serve as a boundary line of

national land territory or between two States,13 or

when they flow from one State to another or cross

the Republic’s boundary line; those of lakes, lagoons

or estuaries whose beds, zones or streams are

crossed by boundary lines dividing one or more

States or between the Republic and a neighbouring

country, or when the stream shoreline serves as a

boundary between two States or between the

13 The Mexican Constitution contains the expression entidades federativas which refers to the States of the Federation and the Federal District. For the purposes of this translation the term States shall mean the States of the Federation and the Federal District, unless otherwise noted. It is also possible to use federal entities instead.

68 Political Constitution of the United Mexican States

Republic and a neighbouring country; those of

springs flowing from beaches, maritime areas,

streams, basins, river beds, banks of lakes, lagoons

or estuaries owned by the Nation, and the ones

extracted from mines; and the streams, beds, or

banks of lakes and interior streams in the extensions

established by the Law. Underground waters may

be freely extracted by artificial works and may be

appropriated by the owner of the land, but

whenever the public interest should so require it,

or whenever other uses are affected, the President

of the Republic14 may regulate its extraction and

use and may even establish banned zones, and the

same may be done regarding other waters of

national ownership. Any other waters not included

in the foregoing listing shall be considered as an

integral part of the land through which they flow

or where their deposits are located, but should they

be located in two or more lots, the use of such

14 The Mexican Constitution contains the term Ejecutivo Federal which in accordance with Article 80 refers to the President of the United Mexican States. Therefore it has been translated as President of the Republic.

Title One 69

waters shall be considered of public convenience

and subject to provisions issued by the States.15

In the cases established in the two paragraphs

hereinbefore, the Nation’s dominion is inalienable

and not subject to the statute of limitation and the

exploitation, use or enjoyment of the resources in

question by private persons or by companies

incorporated in accordance with Mexican laws, may

not be undertaken save by means of concessions

granted by the President of the Republic and in

accordance with the rules and conditions set forth

by the Laws. Legal provisions regarding the

exploitation and works in respect to minerals and

substances referred in paragraph fourth, shall govern

the performance and verification of such exploitation

activities and works carried out or that should be

carried out, from its effective date, regardless of

the date the concessions were granted. Failure to

comply therewith shall cause the cancellation of

the concessions. The Federal Government has the

15 The terms used in this paragraph describing the different territorial elements are used as defined in the United Nations Convention of the Sea of 1982.

70 Political Constitution of the United Mexican States

right to establish and suppress national reserves

and the corresponding declarations shall be made

by the President of the Republic in the cases and

under the conditions provided by the Law. In the

case of petroleum and solid, liquid or gaseous

hydrocarbons, or of radioactive minerals, neither

concessions nor contracts shall be granted, nor shall

the ones previously granted, if any, survive, and the

Nation shall carry out the exploitation of such

products under the terms set forth in the respective

Law. It pertains exclusively to the Nation to produce,

conduct, transform, distribute and supply electric

power to provide a public service. In this matter

no concessions shall be granted to private persons,

and the Nation shall apply the goods and natural

resources required to serve such purpose.

The use of nuclear fuels to generate nuclear energy

and the regulation of its applications for other

purposes pertains to the Nation too. Nuclear energy

may only be applied to peaceful use.

Within an exclusive economic zone, situated outside

the territorial sea and adjacent thereof, the Nation

exercises the sovereign rights and jurisdiction set

Title One 71

forth in the laws enacted by Congress. The exclusive

economic zone shall extend to two hundred nautical

miles from the baselines from which the territorial

sea is measured. In cases where said extension

should produce a superposition over the exclusive

economic zones of other countries, the boundaries

of the respective zones shall be established as

needed, through agreements with such countries.

The legal capacity to acquire domain over the

Nation’s lands and waters shall be governed by

the following provisions:

I. Only Mexicans by birth or naturalization and

Mexican companies have the right to acquire

domain over lands, waters and their appurtenances

or to obtain mining or water exploitation

concessions. The State may grant the same right

to foreigners, provided they agree before the

Secretariat of Foreign Relations16 to consider

16 In international treaties signed by Mexico the term Secretaría de Relaciones Exteriores (Ministry of Foreign Affairs) is translated as Secretariat of Foreign Relations. This translation has elected to use the official term.

72 Political Constitution of the United Mexican States

themselves as nationals in respect to such

property and not to invoke the protection of

their governments in reference to said property,

under penalty, in case of defaulting the

agreement, of forfeiting in benefit of the Nation,

the property acquired by virtue thereof. In no

case may foreigners acquire direct domain over

lands and waters in a zone of one hundred

kilometres along the international borders and

fifty kilometres along the shore.

The State, according to domestic public interest

and to reciprocity principles and at the discretion

of the Secretariat of Foreign Relations, may

authorize foreign States to acquire, at the site

where Federal Powers permanently reside,

private ownership over the real estate needed

for the direct service of their embassies or

delegations.

II. Religious associations created in accordance

with the terms provided in Article 130 and its

Law, shall have legal capacity to acquire, possess

or manage exclusively, such property which is

Title One 73

essential for their purpose, subject to the

requirements and restrictions set forth by the Law.

III. Public and private charitable institutions,

whose object is to aid the needy, to carry out

scientific research, to spread education, or to

provide mutual aid to their members, or any other

lawful purpose, may not acquire other real estate

property than that which is essential to fulfill

their object, and which is immediately or directly

devoted thereto, subject to the provisions of

the Law.

IV. Corporations may own rural lands but only

in the extension necessary to fulfill their object.

In no case may such class of companies hold in

ownership lands dedicated to agriculture, cattle

breading, or forestry activities, in an extension

greater than the respective equivalent to twenty

five times the limits specified in section XV of

this Article. The Law shall determine the capital

structure and minimum number of partners of

these corporations so that the lands owned

74 Political Constitution of the United Mexican States

by them do not exceed, in relation to each partner,

the limits of small rural property. In this case

all individual stock ownership corresponding

to rural lands shall be cumulative for computation

purposes. Likewise, the Law shall establish the

requirements for the participation of foreigners

in said corporations.

The Law shall establish the means for registry

and control required to comply with the provisions

of this section.

V. Banks duly authorized, in accordance with

the laws of credit institutions, can have capital

imposed over urban and rural properties17 as

provided under said laws, but they may not hold

in property as owners or in management, any

more real estate than that which is entirely

necessary to fulfill their direct object.

VI. The Federal District and the States, as well

as the Municipalities of the Republic, shall have

17 It refers mainly to mortgage loans on urban and rural property.

Title One 75

full legal capacity to acquire and possess all

the real estate required for public services.

The laws of Federation and of the States, within

their respective jurisdictions, shall establish the

cases in which public convenience and necessity

require the taking of private property and in

accordance with said laws, an administrative

authority shall issue the corresponding statement.

The price fixed as indemnification for the

expropriated property shall be based on its

registered value, as it appears in the records of

the cadastral bureau or tax collection office,

regardless of whether such value was reported

by the owner, or tacitly accepted by him, for

having paid his taxes according to such base.

Only the increased or decreased value of said

private property due to any improvements or to

any deterioration occurring after the tax appraisal

base was set, shall be the portion of its value

subject to the assessment of experts and to

judicial resolution. The same provision shall

apply to any objects which value is not fixed in

tax collection offices.

76 Political Constitution of the United Mexican States

The exercise of actions corresponding to the

Nation by virtue of this Article’s provisions shall

be enforced by judicial proceedings. During said

proceedings and by order of the corresponding

courts, which shall be issued within a maximum

term of one month, administrative authorities

shall occupy, manage, auction or sell the lands

or waters in quest ion along with their

appurtenances. In no case may the said actions

be undone by the same authorities who performed

them, before a final judgment on the case is

issued.

VII. The legal capacity of ejido and communal

population centers is recognized and their

ownership over the land is protected, whether

for human settlements as well as for productive

activities.

The Law shall protect the integrity of the lands

of native indigenous groups.

The Law, considering the respect due to, and

the need to strengthen the community life of,

Title One 77

ejidos and communal population centers, shall

protect the land for human settlements and

shall regulate the uses of the lands, forests

and waters used by the community and the

implementation of the promotional actions

required to improve the quality of life of their

inhabitants.

The Law shall regulate the exercise of comuneros18

rights over their land and of each ejidatario over

his parcel, respecting their will to adopt the

conditions which best suit them to profit from

the use of their productive resources. The Law

shall likewise establish the procedures whereby

ejidatarios and comuneros may associate among

themselves or with the State or with third parties,

and grant the use of their lands; and in the case

of ejidatarios, the procedure to transfer their

18 Ejidatario is the individual who is a member of an ejido. He is assigned a parcel of land to work, which transfer is subject to restrictions. Comunero is an individual member of a communal population center who participates in the exploitation of the rural land held in common by the community members, whose land disposition is also subject to restrictions.

78 Political Constitution of the United Mexican States

parcel rights to members of their rural settlement.

It shall also set forth the qualifications and

procedures whereby the assembly of the ejido19

shall grant the ejidatario private rights over his

parceled land. In cases of transfer of parceled

lands, the rights of first refusal set forth by the

Law shall be respected.

Within a same rural settlement, no ejidatario may

hold title over more land than the equivalent of

five percent of the total land belonging to the

ejido. In any case, title over land in favor of one

sole ejidatario must adjust to the restrictions

set forth in section XV.

The general assembly is the supreme authority

of the ejido or communal population center, and

it shall be organized and in charge of such duties

19 The general meeting of ejido members, similar to a corporation’s stockholders meeting, is the supreme internal authority of the ejido and is governed by managing board of 3 members called Comisariado Ejidal; the same structure applies to the Indigenous Community. It is called Comisariado de Bienes Comunales, both institutions have also, a 3 member board of examiners called Consejo de Vigilancia.

Title One 79

as the Law establishes. The comisariado ejidal

or comisariado de bienes comunales,20 is a body

democratically elected according to the terms

provided by the Law. It is representing the

population settlement and the one responsible

to carry out the resolutions issued by the general

assembly.

Restitution of lands, forests and waters to rural

settlements shall be done according to the terms

provided in the Law.

VIII. The following actions are decreed null and

void:

a) All transfers of lands, waters and woodlands

belonging to towns, villages, settlements or

communities, made by political chiefs, State

governors, or by any other State or local authority

in contravention to the provisions set forth in

the Law of June 25 of 1856, and any other relative

laws and provisions;

20 Ejido o Comunero authority.

80 Political Constitution of the United Mexican States

b) All concessions, arrangements or sales of

lands, waters and woodlands, made by the

Secretariat of Promotion or by the Secretariat

of the Treasury, or by any other federal authority

from the first day of December of 1876 to this

date, under which ejidos, lots for distribution

to rural communities, or lands of any other kind

belonging to towns, villages, hamlets or

communities, and rural settlements, shall have

been invaded and unlawfully occupied;

c) All survey and demarcation procedures,

transactions, transfers or auctions performed

during the period referred under the foregoing

section, by companies, judges or any other State

or federal authorities, under which lands, waters

and woodlands of ejidos, lands for common

distribution, or lands of any other kind belonging

to rural settlements, shall have been invaded

or unlawfully occupied.

The only lands excepted from the nullity

hereinbefore set forth are those which title deeds

were executed in the land distributions made

in accordance with the Law of June 25 of 1856

Title One 81

and in respect to which a person, under his own

name, has held possession as owner for over

ten years, provided the area does not exceed

fifty hectares.

IX. The division or distribution made with an

appearance of legitimacy among neighbors of

a rural settlement and in which there was error

or vice, may be annulled at the request of three

fourths of the neighbors who are in possession

of one fourth of the lands which were subject

to the partition, or of one fourth of such

neighbours, should they possess three fourths

of the land.

X. (Repealed).

XI. (Repealed).

XII. (Repealed).

XIII. (Repealed).

XIV. (Repealed).

XV. Extensive land holdings are prohibited in

the United Mexican States.

82 Political Constitution of the United Mexican States

Small rural property is the land which area does

not exceed one hundred hectares of irrigated

or wetland prime soil, or its equivalent in other

classes of soil, per individual.

For purposes of equivalence, one hectare of

irrigated soil shall be equivalent to two of seasonal

soil, to four of good quality pastureland and to

eight of forest, woodland or pastureland in arid

soil lots.

Rural private property is the lot which area does

not exceed one hundred and fifty hectares per

person when the ground is dedicated to cotton

cultivation if the lands are irrigated; and lots of

three hundred hectares when dedicated to

cultivating banana, sugar cane, coffee, henequen,

rubber, palm oil, wine grapes, olives, quinine,

vanilla, cacao, agave,21 prickly pear tree or fruit

trees.

21 Agave is the succulent plant cultivated to produce Mezcal or Tequila, being the latter a designation of origin of a fermented drink constituting an important original Mexican export product.

Title One 83

Private property for grazing is land which shall

not exceed an area necessary to maintain up to

five hundred heads of large livestock or its

equivalent in small livestock, per person, in

accordance with the terms set forth by the Law,

and subject to the foraging capacity of the soil.

When by reason of works of irrigation, drainage

or any other works done by the owners or

possessors of a rural private property, the quality

of the soil shall have been improved, the land

will still be considered small rural property, even

if it exceeds, by virtue of the improvements made,

the maximum limits set forth in this section,

provided that the requirements established by the

Law are met.

Whenever improvements are made to the soil

of small grazing property whereupon such soil is

dedicated to agricultural uses, the area so

utilized may not exceed, as the case may be,

the limits referred under paragraphs second and

third of this section in respect to the quality of

said lands before the improvement.

84 Political Constitution of the United Mexican States

XVI. (Repealed).

XVII. The Congress of the Union and the States

Legislatures, in their respective jurisdictions,

shall enact laws establishing the procedures to

partition and transfer the land extensions which

exceed the limits set forth under sections IV

and XV of this Article.

The surplus land shall be partitioned and sold

by its owner within a term of one year from the

date of the corresponding notice. If at the end

of such term the surplus land has not been

transferred, it shall be sold by public auction.

In equal conditions, any pre-emptive rights set

forth in the Law shall be respected.

Local laws shall organize the family estate,

establishing the properties and goods which

must compose it, under the grounds that it shall

be inalienable and not subject to any attachments

or liens.

XVIII. All contracts and concessions executed

by previous governments, from the year of 1876

Title One 85

to date, which have resulted in hoarding of lands,

waters and natural resources of the Nation,

under one sole person or company are declared

subject to review, and the President of the

Republic is empowered to declare any of them

null and void whenever they imply a serious

prejudice to public interest;

XIX. On the grounds of this Constitution, the

State shall support legal counseling for peasants

and shall establish the measures required to

provide agrarian justice in a prompt and honest

manner, aiming to guarantee legal certainty in

respect to the land tenure of ejidos, communal

population centers and small rural property.

All issues pending or arising between two or

more population settlements by cause of ejido

and communal land boundaries, whatever their

origin, are under federal jurisdiction; as well as

any issues related to land tenure of ejidos and

communal population centers. For this purposes,

and in general, for ministering agrarian justice,

the Law shall establish tribunals vested with

86 Political Constitution of the United Mexican States

autonomy and full jurisdiction, composed by

Magistrates22 proposed by the President of the

Republic and appointed by the Senate or, in the

adjournments thereof, by the Permanent

Commission.

The Law shall establish an agency to act as counsel

for peasants in matters of agrarian justice, and

XX. The State shall promote the conditions to

attain a comprehensive rural development,

aimed at creating jobs and guaranteeing the

welfare of the peasant population and their

participation and integration to national

development, and it shall foster agricultural,

cattle raising and forestry activities for optimal

uses of the land through infrastructure works,

raw materials, credits, training services and

technical assistance. The State shall likewise

issue legislation to plan and organize agricultural

22 The text in Spanish uses the term paraestatal. This term refers to several public agencies and corporations, which are under diverse levels of government control. Some dictionaries translate it as quasi-public corporations.

Title One 87

and cattle production, and the industrialization

and marketing thereof, considering these as

activities of public interest.

Article 28. In the United Mexican States monopolies,

monopoly practices, state monopolies and tax

exemptions are prohibited under the terms and

conditions set forth by the laws. The same treatment

shall be given to prohibitions on account of

protections to industry.

Consequently, the Law shall severely punish and

the authorities shall efficiently prosecute, any

concentration or hoarding, in one or in few hands,

of essential consumer products for the purpose of

raising prices; any agreement, procedure or

combinations, in whatever manner they may be

made, of producers, manufacturers, merchants or

service providing entrepreneurs, to prevent free

market or competition among themselves, in order

to force consumers to pay exaggerated prices, and

in general, anything constituting an exclusive and

undue advantage in favour of one or more specific

persons in detriment to the public in general or to

any social class.

88 Political Constitution of the United Mexican States

The laws shall set forth the bases to establish

maximum prices for articles, commodities or

products considered essential for the country’s

economy or for popular consumers, as well as to

impose the particularities to organize the distribution

of said articles, commodities or products, in order

to prevent unnecessary or excessive intermediation

from causing insufficiencies in supply, as well as

price increases. The Law shall protect consumers

and encourage them to organize themselves to better

protect their interests.

The functions performed in an exclusive manner

by the State in the following strategic areas shall

not constitute monopolies: postal service, telegraphs

and radiotelegraphy; petroleum and any other

hydrocarbons; basic petrochemical; radioactive

minerals and generation of nuclear energy; electricity

and any other activities explicitly established by

the laws enacted by the Congress of the Union.

Satellite communications and railways are priority

areas for national development under the terms

provided in Article 25 of this Constitution. The State,

Title One 89

by exercising its direction over them, shall protect

the security and sovereignty of the Nation, and

when granting concessions or permits, it shall

maintain or establish its domain over the respective

means of communications and transportation in

accordance with relevant statutory laws.

The State shall have the agencies and companies

required to efficiently manage the strategic areas

are entrusted to it and in those prioritized activities

where, according to the laws, it shall participate

by itself or along with the private and social sectors.

The State shall have a central bank vested with

autonomy in the exercise of its duties and

management. Its main objective shall be to foster

stability in domestic currency’s purchasing power,

thus strengthening the guidance of the State in

respect to national development. No authority may

order the bank to provide financing.

The functions performed in an exclusive manner by

the State, through the central bank, in the strategic

areas of coining money and issuance of bills, do

90 Political Constitution of the United Mexican States

not constitute a monopoly. The central bank, under

the terms provided by the laws and with the

participation of other authorities with competent

jurisdiction thereon, shall regulate exchange rates,

as well as banking and financial services, and shall

have the powers and authority required to carry

out such regulating actions and to enforce their

compliance. The management of the bank shall be

entrusted to the persons appointed by the President

of the Republic with approval by the Senate or the

Permanent Commission, when applicable. They shall

hold office for terms which duration and sequences

are best suited to the autonomous exercise of their

duties; they may only be removed for a serious

cause and may not hold any other employments,

offices or commissions, except for those in which

they act in the name of the bank, and pro bono

activities in teaching, scientific, cultural or charitable

organizations. The persons in charge of the central

bank may be subject to impeachment trials in

accordance with the provisions set forth under

Article 110 of this Constitution.

Title One 91

The associations of workers constituted to protect

their own interests, and producers’ cooperatives

or associations that, in defense of their interests or of

general interest, sell directly in foreign markets,

any domestic or industrial products which are the

main source of wealth in the region where they

are produced and which are not essential consumer

products, shall not constitute a monopoly, provided

such associations are under the supervision or

protection of Federal or State governments and that

they have been previously authorized theretofor

by their respective State legislature in each case.

Such Legislatures, by themselves or at the proposal

of the President of the Republic or the Governor,

as appropriate, may repeal when public welfare

should so require it, any authorizations granted to

constitute the associations in question.

The privileges granted for a certain time to authors

and artists for the production of their works and

those granted to inventors for the exclusive use of

their inventions and improvements, shall not

constitute monopoly.

92 Political Constitution of the United Mexican States

The State may, in accordance with the law and in

case of general interest, grant concessions for the

provision of public services or for the exploitation,

use and profit of property owned by the Federation,

save for the exceptions established by the laws.

The laws shall set forth the requisites and conditions

required to guarantee the efficiency of the services

rendered and the social use given to such property,

and shall prevent occurrences of hoarding which

contravene public interest.

The subjection to a public service régime shall abide

by the provisions of the Constitution and may only

be carried out through a law.

Subsidies may be granted to economic priority

activities, when such subsidies are of a general and

temporary nature and do not impact substantially

the Nation’s finances. The State shall supervise their

application and appraise their results.

Article 29. In case of invasion, serious disturbances

of public peace, or any other event which may

place society in severe danger or conflict, only the

Title One 93

President of the Republic, in accordance with

the incumbents of the Secretariats of State and the

Attorney General of the Republic, and with approval

of the Congress of the Union, or in the latter’s

adjournments, of the Permanent Commission, may

suspend throughout the country or in a certain

place thereof, those constitutional rights which may

constitute obstacles to rapidly and easily confront

the situation; but such suspension must be only

for a limited time and it must be issued by means

of general provisions which must not be restricted

to a certain individual. Should the suspension occur

while Congress is in session, the latter shall grant

such authorizations as it deems necessary, to enable

the President of the Republic to face the situation,

but should it take place during an adjournment

period, the Congress shall at once be summoned

to authorize such measures.

CHAPTER TWO Mexican nationals

Article 30. Mexican nationality is acquired by birth

or by naturalization.

A. The Mexican nationals by birth are:

I. Those born in the land territory of the Republic,

regardless of their parents’ nationality;

II. Those born in a foreign country from Mexican

parents born in national land territory, or from

a Mexican father born in national land territory,

or from a Mexican mother born in national land

territory;

III. Those born in a foreign country from Mexican

parents by naturalization, or from a Mexican father

by naturalization, or from a Mexican mother by

naturalization; and

95

96 Political Constitution of the United Mexican States

IV. Those born on Mexican vessels or aircrafts,

whether war or merchant ones.

B. The Mexicans by naturalization are:

I. Those aliens who obtain from the Secretariat

of Foreign Relations a certificate of naturalization.

II. Any alien woman or man who marries a

Mexican man or woman, who has or who

establishes residence in national land territory

and complies with the requirements set forth

by the Law for that purpose.

Article 31. Mexicans have the following duties:

I. To see that their children or wards attend

public or private schools to obtain pre-school,

elementary and high school education and to

receive military education in the terms set forth

by the Law;

II. To be present on the days and during the

hours designated by the City Hall of the place

where they reside, to receive civic and military

instruction which shall provide them with the

abilities to exercise citizen’s rights, to be skilled

Title One 97

in handling weapons and knowledgeable in

respect to military discipline;

III. To enroll and serve in the National Guard,

in accordance with the respective organic law,

in order to secure and defend the independence,

land territory, honor, rights and interests of their

homeland, as well as domestic tranquillity and

order; and

IV. To contribute to the public expenditures of

the Federation, of the Federal District or of the

State and Municipality where they reside, in the

proportional and equitable manner provided by

the laws.

Article 32. The Law shall regulate the exercise of

the rights granted by Mexican legislation to Mexicans

who possess other nationality and shall issue

provisions to avoid conflicts of double nationality.

The exercise of offices or functions which, as

provided in this Constitution, require the incumbent

to be a Mexican by birth, is reserved for those who

fill such qualification and do not acquire other

nationality. This reservation is also applicable to

98 Political Constitution of the United Mexican States

cases established in other laws enacted by the

Congress of the Union.

No alien may serve neither in the Army nor in the

police or public security forces in times of peace.

Only Mexicans by birth may be active members of

the Army in times of peace, and of the Navy or Air

Force at any time, or hold any office or commission

therein.

The same requirement of being Mexican by birth

shall be an indispensable qualification for captains,

pilots, chiefs, machinists, and all crew members of

any merchant vessel or aircraft under the Mexican

flag or insignia. Such status shall also be a necessary

qualification to hold the offices of port authority

and all steering services, as well as the office of

airport commander.

Under equal circumstances Mexicans shall be

preferred over aliens for concessions of all sorts

and for all government jobs, offices or government

commissions where the qualification of citizenship

is not indispensable.

CHAPTER THREE Aliens

Article 33. Aliens are the ones who do not have

the qualifications set forth in Article 30. They are

entitled to the constitutional rights granted under

Chapter I, Title First of this Constitution; but the

President of the Republic shall have the exclusive

power to compel any alien whose permanence he

may deem inconvenient, to depart from land

territory immediately and without any previous

hearing.

In no way may aliens intervene in the country’s

domestic political affairs.

99

CHAPTER FOUR Mexican citizens

Article 34. The Mexican citizens of the Republic

are those men and women who have the status

of Mexicans, and also ful f i l the fol lowing

requirements:

I. To have attained 18 years of age, and

II. To have an honest way of living.

Article 35. Citizens have the following prerogatives;

I. To vote in popular elections;

II. To be elected for public office and to be

appointed for any other job or commission,

provided that the qualifications set forth in the

Law have been filled;

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102 Political Constitution of the United Mexican States

III. To freely and individually associate to

participate in a peaceful manner in the country’s

political affairs;

IV. To take arms in the Army or the National

Guard to defend the Republic and its institutions

according to the terms provided by the laws; and

V. To exercise the right to petition in all sorts of

issues.

Article 36. The citizens of the Republic have the

following duties:

I. To register in the Municipality’s cadastre, the

property they hold, the industry, profession or

job by which they earn their living; as well as

to register themselves in the National Registry

of Citizens, in accordance with the terms provided

by the laws.

The permanent operation and organization of

the National Registry of Citizens and the issuance

of the document evidencing Mexican citizenship

are public interest services, and constitute a duty

Title One 103

both of the State and of the citizens, in the terms

provided by the Law;

II. To enroll in the National Guard;

III. To vote in popular elections under the terms

set forth by the Law;

IV. To hold popular election offices of the

Federation or of the States, which shall never

be performed for free; and

V. To hold the office of councilman in the

Municipality where he resides, and to perform

electoral and jury duties.

Article 37.

A) No Mexican by birth may be deprived of his

nationality.

B) Mexican nationality by naturalization shall be

forfeited in the following cases:

I. For voluntarily acquiring a foreign nationality,

or for representing himself as an alien in any

public instrument, for using a foreign passport,

104 Political Constitution of the United Mexican States

or for accepting or using nobility titles which

imply submission to a foreign State, and

II. For residing in a foreign country during five

continuous years.

C) Mexican citizenship is forfeited:

I. For accepting or using nobility titles of foreign

governments;

II. For voluntarily rendering official services to

a foreign government without authorization by

the Congress of the Union or its Permanent

Commission;

III. For accepting or wearing any foreign medals

without permission from Congress of the Union

or its Permanent Commission;

IV. For accepting titles or functions from the

government of another country without previous

authorization by the Congress of the Union or

its Permanent Commission, except for literary,

scientific or humanitarian titles which may be

accepted unrestrictedly;

Title One 105

V. For providing assistance to a foreigner or to

a foreign government in any diplomatic claim or

before an international tribunal against the

Nation; and

VI. In any other cases provided by the laws.

In the case of sections II to IV of this Chapter,

the Congress of the Union shall establish in the

respective Law, the cases of exception where the

authorizations and licenses shall be deemed

granted, upon the sole request submitted by

the interested party, once the term established

theretofor has elapsed.

Article 38. Citizens’ rights or prerogatives are

suspended:

I. For failure to comply, without justifiable cause,

with any of the obligations imposed by Article

36. This suspension shall be for a term of one

year and shall be in addition to the imposition

of any other penalties set forth by the Law for

the same fact;

106 Political Constitution of the United Mexican States

II. For being subject to criminal proceedings

for a crime punished by imprisonment, which

suspension shall be computed from the date of

the order for commitment;

III. While the imprisonment term imposed is

being served;

IV. For vagrancy or habitual drunkenness,

determined in accordance with the terms

provided by the laws;

V. For being a fugitive from justice, which

suspension shall be computed from the date of

the warrant of arrest until criminal action is

bared by the statute of limitations; and

VI. For final and binding judgement imposing

said suspension as a penalty.

The Law shall set forth the cases where citizen’s

rights are forfeited, and any other cases where said

rights are suspended and the manner to reinstate

such rights.

TITLE TWO

CHAPTER ONE National sovereignty and form of government

Article 39. National sovereignty is vested essentially

and originally in the people. All public power

derives from the people and is instituted for their

benefit. The people have at all times the inalienable

right to alter or amend their form of government.

Article 40. It is the will of the Mexican people to

constitute a representative, democratic and federal

Republic composed by States, free and sovereign

in all matters concerning their internal affairs; but

united in a federation established according to the

principles of this fundamental law.

Article 41. The people exercise their sovereignty

through the Powers of the Union, in the cases under

their jurisdiction, and through the Powers of the

107

108 Political Constitution of the United Mexican States

States concerning their internal régimes, in the

terms respectively established by this Federal

Constitution and the particular constitutions of the

States, which may never contravene the provisions

of the Federal Pact.

The renewal of the Legislative and Executive

Branches shall be made through free, genuine and

periodic elections, subject to the following bases:

I. Political parties are entities of public interest;

the Law shall determine the ways in which they

shall participate in the electoral process. National

political parties shall be entitled to participate

in State, municipal and Federal District elections.

The purpose of political parties is to promote

the participation of the people in democratic

l i fe , to contr ibute to integrate nat ional

representation and as citizens’ organizations, to

enable citizens’ access to the exercise of public

power in accordance with the programs,

principles and ideas they propose and through

general, free, secret and direct elections. Only

citizens may freely and individually affiliate to

Title Two 109

political parties; therefore, it is forbidden the

intervention of guild organizations or with a social

object different to the creation of parties and

any form of corporative affiliation.

Electoral authorities can only intervene in the

internal affaires of the political parties in the terms

set forth by this Constitution and the Law.

II. The Law shall guarantee that national political

parties can count, in an equitable manner, with

the resources needed to perform their activities

and it shall set forth the regulations to which

the financing of political parties and their election

campaigns must be subjected, and it must

guarantee that public resources prevail over

those of private origin.

Public financing for political parties maintaining

their registry after each election, shall be composed

with the ministrations allotted to sustain their

permanent regular activities and the ones

tending to obtain votes during election processes

and those of specific nature. It shall be granted

110 Political Constitution of the United Mexican States

in accordance with the following provisions and

as established in the law:

a) Public financing for the sustenance of their

permanent regular activities shall be established

annually, multiplying the total number of citizens

registered in the electoral roll by 75% of the

daily minimum wages in vigor for the Federal

District. The 30% of the resulting amount shall

be distributed between the political parties in

an equal manner and the remaining 70%

according to the percentage of votes which they

obtained in the previous Deputies election.

b) Public financing for activities intended to

obtain votes during the year in which the President

of the Republic, Senators and Federal Deputies

are to be elected, shall be equivalent to the

50% of public financing corresponding to each

political party for regular activities on that same

year; when only Federal Deputies are to be

elected, it shall be equivalent to the 30% of said

financing for regular activities.

Title Two 111

c) Public financing for specific activities related

to education, training, socio-economic and

political investigation, as well as editorial tasks,

shall be equivalent to the 3% of the total sum

of the corresponding public financing each year

for regular activities. The 30% of the resulting

amount shall be distributed between the political

parties in an equal manner and the remaining

70% according to the percentage of votes which

they obtained in the previous Deputies election.

The Law shall set forth the criteria to determine

the limitations for political parties’ expenditures

in the selection of their candidates and their

election campaigns; it shall establish the maximum

amounts for monetary contributions from their

supporters, whose total amount shall not

annually exceed, for each party, the 10% of the

expenditures’ limit established for the last

presidential campaign; it shall also set forth the

procedures to control and supervise the origin

and use of all the resources available to them

and the penalties to be imposed for failure to

comply with these provisions.

112 Political Constitution of the United Mexican States

Likewise, the Law shall establish the procedure

for the liquidation of liabilities of the parties

that loose their registry and the cases in which

their goods and remnants shall be adjudicated

to the Federation.

III. National political parties shall have the right

to the permanent use of the media.

Subdivision A. The Federal Electoral Institute

shall be the only authority for the administration

of the time the State shall have on radio and

television destined to its own ends and the

exercise of the national political parties’ rights,

according to the following and the provisions

of the laws:

a) From the beginning of the pre-campaigns

until the day of the election, the Federal Electoral

Institute shall have forty eight minutes a day,

which shall be distributed in two up to three

minutes for each hour of transmission in every

radio station and television channel, at the hour

referred to in section d) of this Subsection;

Title Two 113

b) During their pre-campaigns, the political

parties shall have, as a whole, one minute for

each hour of transmission on every radio station

and television channel; the remaining time shall

be used according to the provisions of the Law;

c) During electoral campaigns, at least 85% of

the total available time to which refers section

a) of this Subsection shall be destined to cover

the political parties’ right;

d) The transmissions in every radio station and

television channel shall be distributed within

the programming time between 06:00 and 24:00

hours;

e) The time established as political parties’ right

shall be distributed between them according to

the following: 30% in an equitable way and the

remaining 75% according to the results of the

previous election for Federal Deputies;

f) Each national political party not represented

at the Congress of the Union shall have for radio

and television only the corresponding part to the

114 Political Constitution of the United Mexican States

equitable percentage established in the previous

section, and

g) Notwithstanding the previsions of Subsections

A and B of this Basis and out of the federal

campaigns and pre-campaigns periods, the

Federal Electoral Institute shall have up to 12%

of the total time the State disposes of in television,

according to the laws and under any form; from

that total, the Institute shall distribute between

the national political parties, in an equal way,

50%; the remaining time shall be used for its

own ends or those of other electoral authorities,

federal or local. Each national political party shall

use its corresponding time in a monthly, five

minute long program and the rest in twenty

second long individual spots. In any case, the

transmissions to which this section refers to shall

take place in the hour specified by the Institute

according to section d) of this Subsection. In

special situations, the Institute shall dispose of

the time for parties’ messages in favor of one

specific party, when it is justified to do so.

Title Two 115

In no time the political parties shall be able to

hire or acquire, by themselves or through a third

party, time in any form of radio and television.

No artificial or natural person, individually or

through a third party, can hire radio or television

propaganda in order to influence on the people’s

electoral preferences, nor in favor or against

political parties or candidates to popular election

office. The transmission throughout the national

territory of this sort of messages hired abroad is

forbidden.

The dispositions contained in the two previous

paragraphs shall be fulfilled in the States and the

Federal District according to the applicable laws.

Subsection B. For electoral ends in the States,

the Federal Electoral Institute shall administer

the times corresponding to the Federal State in

radio and television in the stations and channels

of the corresponding State, according to the

following and the previsions of the Law:

a) In the cases of local electoral processes with

electoral journeys coincident with the federal,

116 Political Constitution of the United Mexican States

the assigned time in each State shall be comprised

within the available total according to sections

a), b) and c) of Subsection A from this Basis;

b) For the rest of the electoral processes, the

assignation shall be made according to the Law,

following the criteria from this constitutional

Basis, and

c) The distribution of times between the political

parties, including the ones with local registry,

shall be made according to the criteria established

on Subsection A of this Basis and the previsions

of applicable laws.

Whenever the Federal Electoral Institute

considers that the total time in radio and

television to which this and the previous

Subsections refer is not enough for its ends or

those of other electoral authorities, it shall

determine the necessary steps to cover the

remaining time, according to the faculties

conferred to it by the Law.

Subsection C. In the electoral or political

propaganda that they publish, the political

Title Two 117

parties shall not use expressions which denigrate

the institutions or the parties themselves, or that

slander the people.

During the time comprised by the federal and

local electoral campaigns, until the end of the

respective electoral journey, diffusion of

governmental propaganda, whether from the

federal and local Powers , or f rom the

Municipalities, government entities of the Federal

District, the Delegations thereof and any other

public entity, shall be suspended. The only

exceptions to this shall be the information

campaigns divulged by the electoral authorities,

those related to educational or public health

services, or the necessary for civil protection in

case of an emergency.

Subsection D. Infractions to the previsions of

this Basis shall be sanctioned by the Federal

Electoral Inst i tute by means of prompt

proceedings which can include the order of

immediate cancellation of radio and television

transmissions, grantees and concessionaires,

which violate the Law.

118 Political Constitution of the United Mexican States

IV. The Law shall establish the terms for the

partisan procedures of selection and nomination

of candidates to public offices, as well as the

regulations for electoral campaigns and pre-

campaigns.

The length of the campaigns in the election year

for President of the Republic, Senators and

Federal Deputies shall be of ninety days; in the

year in which only Federal Deputies are to be

elected, the campaigns shall last sixty days. In

any case the pre-campaigns shall last more than

the two thirds of the time of the electoral

campaigns.

If the parties or any other natural or artificial

person violates these dispositions, they shall be

penalized according to the Law.

V. Organizing federal elections is a State function

carried out through an autonomous public entity

called Federal Electoral Institute; such entity has

been vested with legal capacity and patrimony

of its own, and is composed with the participation

Title Two 119

of the Legislative Branch of the Union, national

political parties and citizens, in accordance with

the terms provided by the Law. The principles

that shall govern the exercise of this State

function are: certainty, legality, independence,

impartiality and objectivity.

The Federal Electoral Institute shall be an

authority in this matter, and shall be independent

as to its decisions and operations, and shall be

professional in regards to its performance; its

structure shall have managing, executive,

technical and supervising bodies. The General

Council shall be its highest managing body and

shall be composed by one Chairman and eight

Electoral Councillors, and there shall also be

counci lors f rom the Legis la t ive Power,

representatives from political parties and an

Executive Secretary, all of whom shall be present

in the meetings and entitled to be heard but

not to vote. The Law shall establish the rules for

organizing and operating such bodies, as well

as the chain of command among them. Executive

and technical bodies shall have the necessary

120 Political Constitution of the United Mexican States

qualified staff to provide professional election

services. A General Comptrollership, technically

and operatively autonomous, shall be in charge

of supervising all of the Institutes’ incomes and

expenditures. The provisions in the Election Law

and the Statute, which under the grounds of the

aforesaid law shall be approved by the General

Board, shall govern the labor relations with the

employees of the Federal Electoral Institute.

The supervising bodies shall be constituted by

a majority of representatives of national political

parties. The governing boards for voting booths

shall be composed by citizens.

The Chairman shall remain in his office for six

years and can be reelected once. The Electoral

Councillors shall remain in their office for nine

years without reelection and shall be renewed

in a stepped manner. According to the case, the

Chairman and the Councillors shall be elected

successively by the vote of two third of the

individuals in the Chamber of Deputies, at

the proposal of the parliamentary groups preceded

by a social consultation. In the complete

Title Two 121

absence of the Chairman or any of the Electoral

Councillors, the substitute shall be elected to

conclude the period of vacancy. The Law shall

set forth the corresponding regulations and

proceedings.

The Chairman and the Electoral Councillors may

not hold any other job, duty or commission with

the exception of those where they act in

representation of the General Council and the

ones performed for academic, scientific, cultural,

research, or charitable associations in a pro bono

basis. The remuneration received by the Chairman

and the Electoral Councillors shall be equal to

the one provided for the Justices of the Nation’s

Supreme Court of Justice.

The Head of the General Comptrollership of

the Institute shall be appointed by the Chamber

of Deputies by the vote of two thirds of the

individuals there at the proposal of public

institutions of higher education, in the form and

terms provided by the Law. He shall remain in

office for six years and can be reelected once.

122 Political Constitution of the United Mexican States

He shall be administratively ascribed to the

chairmanship of the General Council and shall

keep the necessary technical coordination with

the Supervising Superior Entity of the Federation.

The Executive Secretary shall be proponed by

the chairman and selected by the vote of two

thirds of the General Council’s members at the

proposal of the Chairman.

The Law shall establish the qualifications in

order to be eligible for the office of Chairman

of the General Council, Electoral Councillors and

Executive Secretary of the Federal Electoral

Institute; those who had held the office of

Chairman, Electoral Councillors and Executive

Secretary cannot hold, within the next two years

after their retirement, offices in the public Power

in whose election they participated.

The councillors from the Legislative Power shall

be proponed by the parliamentary groups and

affiliated to a political party in any of the Houses.

There shall only be one councillor for each

Title Two 123

parliamentary group, regardless of his recognition

by both Houses of the Congress of the Union.

Besides of the activities established by the Law,

the Federal Electoral Institute shall be in charge,

in a comprehensive and direct manner, of the

activities related to civic training and education,

election geography, rights and prerogatives of

political parties and groups, the registry of

qualified electors and list of electors, printing

of election material, preparation of the elections,

computation of results in accordance with the

terms established in the Law, declaration of

validity and granting of election certificates for

elections of deputies and senators, computation

of votes for the election for President of the

United Mexican States in each single-member

election district, as well as regulating election

observers, and public opinion surveys or polls

with electoral purposes. The meetings of all

directive collegiate bodies shall be public, as

provided by the Law.

The supervision of the national political parties’

finances shall be in charge of a technical agency

124 Political Constitution of the United Mexican States

of the General Council of the Federal Electoral

Institute, autonomous in operation, whose Head

shall be appointed by the vote of the two thirds

of the Council itself at the proposal of the

Chairman. At the performance of its attributions

the technical agency shall not be limited by

banking, fiduciary and tax secrecy.

The technical agency shall be the channel so that

the proper authorities concerning partisan

supervising in the States can overcome the

limitation pointed out in the previous paragraph.

The Federal Electoral Institute shall assume by

an agreement with the proper authorities of the

States who require it, the organization of local

electoral processes in the terms set forth by the

applicable Law.

VI. To guarantee the constitutional and legal

principles in election acts and resolutions, an

appeal system shall be established in accordance

with the terms set forth by this Constitution and

the Law. As provided under Article 99 of this

Title Two 125

Constitution, this system shall make final and

conclusive, the various stages of the election

processes, and shall guarantee protection for

citizens’ political rights to vote, to be voted for,

and to associate.

In election matters, filing any constitutional or

legal appeal shall not produce a stay of execution

in respect to the resolution or the act contested.

CHAPTER TWO Parts composing the Federation and national land territory

Article 42. National land territory is composed by:

I. The land territory of all the portions constituting

the Federation;

II. The territory of the islands, including the

reefs and keys in adjacent seas;

III. The territory of the islands of Guadalupe

and Revillagigedo located in the Pacific Ocean;

IV. The continental shelf and the seabed and

subsoil of the submarine areas of the islands,

keys and reefs;

V. The waters of the territorial seas in the

extension and under the terms established by

International Law and domestic maritime laws;

127

128 Political Constitution of the United Mexican States

VI. The air space located above national land

terri tory, in the extension and with the

particularities established by International Law.

Article 43. The parts that compose the Federation

are the States of Aguascalientes, Baja California,

Baja California Sur, Campeche, Coahuila, Colima,

Chiapas, Chihuahua, Durango, Guanajuato, Guerrero,

Hidalgo, Jalisco, México, Michoacán, Morelos,

Nayarit, Nuevo León, Oaxaca, Puebla, Querétaro,

Quintana Roo, San Luis Potosí, Sinaloa, Sonora,

Tabasco, Tamaulipas, Tlaxcala, Veracruz, Yucatán,

Zacatecas and the Federal District.

Article 44. Mexico City is the Federal District, the

seat of the Powers of the Union and the Capital

city of the United Mexican States. It shall be composed

with the territory it currently has and in the event

that Federal Powers should relocate elsewhere,

it shall become the State of El Valle de Mexico,

and shall have the boundaries and extension

assigned thereto by the Congress of the Union.

Article 45. The States shall keep their present

boundaries and areas, provided no difficulties arise

in respect to thereof.

Title Two 129

Article 46. The States may settle amongst themselves

through amicable agreements their respective

boundaries, but such agreement shall not be

effective unless authorized by the Senate.

If there is no agreement, any of the parties involved

can appeal to the Senate, who shall proceed as

provided by Article 76, part eleventh of this

Constitution.

Whatever the Senate may resolve it shall be definitive.

At the request of the interested party, the Supreme

Court of Justice of the Nation shall revise all conflicts

brought on by the decree of the Senate through a

constitutional controversy.

Article 47. The State of Nayarit shall have the

territorial area and boundaries which presently

comprise the territory of Tepic.

Article 48. The islands, keys and reefs of adjacent

seas belonging to national land territory, the

continental shelf, the sea beds of the islands, keys

and reefs, the territorial seas, inland marine waters,

and the space over national land territory, shall

130 Political Constitution of the United Mexican States

depend directly from the Government of the

Federation, with the exception of those islands over

which the States have up to the present, exercised

their jurisdiction.

TITLE THREE

CHAPTER ONE The division of Powers

Article 49. The Supreme Power of the Federation

is divided for its exercise into the Legislative, Executive

and Judicial branches.

Two or more of these Powers may not be united

in one single person or corporation, nor shall the

Legislative Branch be vested in one single person,

except for the case where extraordinary powers

are granted to the President of the Republic as

provided in Article 29. In no other case, except as

provided under the second paragraph of Article 131,

shall extraordinary powers be granted to legislate.

131

CHAPTER TWO The Legislative Branch

Article 50. The Legislative Branch of the United

Mexican States is vested in a General Congress

which shall be divided into two Houses, one of

deputies and the other one of senators.

Section First

Election and installation of Congress

Article 51. The House of Deputies shall be

composed with representatives from the Nation

who shall all be elected every three years. For each

incumbent deputy, there shall be a substitute.

Article 52. The House of Deputies shall be

composed by 300 deputies elected by relative

majority in single-member election districts and by

133

134 Political Constitution of the United Mexican States

200 deputies elected by proportional representation,

through the system of Regional Lists in five multi­

member election districts.

Article 53. The territorial boundaries of the 300

single-member election districts shall be the result

of dividing the total population of the country into

the districts selected. The distribution of single-

member election districts into the States shall be

carried out taking into account the last general

population census, but the representation per State

shall never be less than two deputies elected by

majority vote.

For the election of such 200 deputies in accordance

with the principle of proportional representation

and Regional Lists system, five multi-member

election districts shall be constituted throughout

the country. The Law shall set forth the manner to

establish the boundaries thereof.

Article 54. The election of 200 deputies under the

principle of proportional representation and the

apportionment process by Regional Lists, shall be

Title Three 135

subject to the following principles and to the

provisions set forth by the Law:

I. To register its Regional Lists, a political party

must prove it participates with candidates to

the House of Deputies to be elected by relative

majority in at least two hundred single-member

election districts;

II. Every political party attaining at least two

percent of the total votes cast for the Regional

Lists of multi-member circumscriptions shall be

entitled to have deputies under the principle of

proportional representation;

III. The political party complying with the

foregoing two principles, regardless of and in

addition to, the certificates of relative majority

obtained by its candidates, shall have appointed,

on the grounds of the principle of proportional

representation and in proportion to the votes

cast in for it throughout the country, the

number of representatives in its Regional List

corresponding thereto in each multi-member

circumscr ipt ion. The select ion for such

136 Political Constitution of the United Mexican States

appointment shall be made in the order of

preference that candidates’ names have in the

respective lists;

IV. No political party shall have more than 300

deputies under both principles;

V. In no case may a political party have a larger

number of deputies under both principles,

which would represent a percentage in respect

to the House’s total, of eight points over its

national percentage of votes cast. This principle

shall not apply to any political party whose

victory in single-member election districts grants

it a percentage of seats of the House’s total seats,

which exceed the sum of the national percentage

of votes cast in for it, plus an eight percent; and

VI. Under the terms established in the preceding

sections III, IV and V of this Article, the House

seats intended for proportional representation

deputies, remaining after apportioning the ones

corresponding to the political party that qualified

as provided in sections IV or V, shall be

apportioned to the remaining political parties

Title Three 137

ent i t led thereto in each mult i -member

circumscription, in direct proportion to the

respective national votes, effectively cast in their

favor. The Law shall develop the regulations

and formulas to these ends.

Article 55. The following qualifications are required

in order to be a deputy:

I. To be a Mexican citizen by birth, with legal

capacity to exercise his rights;

II. To be at least twenty one years of age by the

day of the election;

III. To be a native of the State in which the

election is held or a resident thereof, with effective

residence there for more than six months prior

to the date of the election.

To qualify for registration in the lists of multi­

member election circumscriptions, as a candidate

to the House of Deputies, it is required to be a

native of any of the States comprised within

the circumscription where the election shall take

place, or a resident thereof, with effective

138 Political Constitution of the United Mexican States

residence there for more than six months prior

to the date of the election.

Residence is not lost in cases where absence is

by reason of serving as holder of an elective

public office;

IV. Not to be in active service in the federal army

nor to hold a command in the police or rural

security forces of the district where the election

is to be held, at least ninety days before the

date of the election;

V.- Not to be incumbent of any autonomous

organism as provided by this Constitution, nor

to be State Secretary or Undersecretary, nor

incumbent of any decentralized body of the

federal public administration, unless he has

definitely resigned from office ninety days

before the day of the election.

Not to be a Justice of the Supreme Court of

Justice of the Nation, nor Magistrate or Secretary

of the Electoral Tribunal of the Federal Judicial

Branch nor Chief Councilor or Electoral Councilor

Title Three 139

of the General, local or district counsels of the

Federal Electoral Institute, nor Executive

Secretary, Executive Director or high rank

professional personnel thereof, unless they had

resigned definitely from office three years before

the day of the election.

The Governors of the States and the Head of

Government of the Federal District may never

be elected in the States under their respective

jurisdiction during their term in office, even if

they have definitely resigned from office.

The States’ Secretaries of the Interior, the

Secretary of the Interior of the Federal District,

the Federal or State Magistrates and Judges, the

Magistrates and Judges of the Federal District,

as well as the Municipal Presidents and incumbents

of some political-administrative entity in the

Federal District, cannot be elected in the States

where they exercise their respective duties,

unless they have definitely resigned from office

ninety days before the election.

VI. Not to be a minister of any religious creed; and

140 Political Constitution of the United Mexican States

VII. Not to be subject to any disqualifications

set forth in Article 59.

Article 56. The Senate House shall be composed

with one hundred and twenty eight senators of

whom two shall be elected in each State and in

the Federal District under the principle of relative

majority and one shall be apportioned to the first

minority. To these ends, political parties must register

a list with two sets of candidates. The Senate seat

for the first minority shall be apportioned to the

set of candidates heading the list of the political

party that shall have attained by itself, the second

place in the number of votes cast in the corresponding

State.

The remaining thirty two senators shall be elected

under the principle of proportional representation,

through the system of lists voted in one sole national

multi-member circumscription. The Law shall establish

the regulations and formulas for these purposes.

The Senate House shall be totally renewed every

six years.

Title Three 141

Article 57. For each incumbent senator an alternate

one shall be elected.

Article 58. The qualifications necessary to be a

senator shall be the same as those necessary to be

a deputy, except for the one in respect to age,

which requires the candidate to be over 25 years

of age on the day of the election.

Article 59. Senators and deputies to the Congress

of the Union may not be reelected for the immediately

following term.

Alternate senators and deputies may be elected as

incumbents for the immediately following term,

provided they have not held office as incumbents;

but incumbent senators and deputies may not be

elected for the immediately following term as

alternates.

Article 60. The public entity established under Article

41 of this Constitution, in accordance with the

provisions set forth by the Law, shall declare the

validity of the elections for deputies and senators

in each single-member election district and in each

142 Political Constitution of the United Mexican States

of the States and the Federal District. It shall grant

the respective certificates to the sets of candidates

who have obtained a majority of votes and shall

designate the senators pertaining to the first minority,

as provided in Article 56 of this Constitution and

in the Law. Likewise, it shall declare the validity

and the designation of deputies under the principle

of proportional representation, as provided in Article

54 of this Constitution and in the Law.

The resolutions on the declaration of validity, the

issuance of certifications and the designation of

deputies or senators may be appealed before the

Regional Chambers of the Electoral Tribunal of

the Federal Judicial Branch in the terms set forth

by the Law.

The resolutions issued by the Houses referred in the

preceding paragraph, may be reviewed exclusively

by the Superior Chamber of the Electoral Tribunal,

through the appeal procedures that political parties

may file, only if the election’s results can be

amended by the grievances alleged. The decisions

issued by the House shall be final. The Law shall

Title Three 143

set forth the premises, requirements for admissibility

and proceedings for these reviews.

Article 61. Deputies and senators shall be privileged

from being held accountable for their opinions in

the performance of their office and may never be

questioned for such opinions.

The speakers of each House shall oversee that their

members’ constitutional immunity and the inviolability

of the legislative Houses where they hold sessions,

is respected.

Article 62. During his term in office, no incumbent

deputy or senator shall hold any other commission

or employment of the Federation or the States for

which a salary is paid, without previous authorization

from his respective House; but his functions as

representative shall thereupon cease during the

term he holds the new office. The same rule shall

apply to alternate deputies and senators when

serving as incumbents. Failure to comply with this

provision shall be punishable by removal from the

office of deputy or senator.

144 Political Constitution of the United Mexican States

Article 63. Both Houses shall not open their sessions

nor discharge the duties of their office without the

attendance, in each House, of more than half of

the total number of its members; but those in

attendance in either House must assemble on the

day appointed by Law and compel the absentees

to attend within the next thirty days immediately

following, under prevention that, should they not

appear, it shall be understood by that sole fact,

that they do not accept their office, whereupon

their alternates shall be summoned and must appear

within an equal term, but should they not appear

the office shall be declared vacant.

All the vacancies of deputies and senators of the

Congress of the Union at the beginning of the

legislature, as well as the vacancies during its

exercise, shall covered as follows: vacancies of

deputies and senators of the Congress of the Union

by relative majority, by the respective House who

shall summon to extraordinary elections, in

accordance with section IV of Article 77 of this

Constitution; a vacant deputy office for a deputy

elected under the principle of proportional

representation must be filled by the next set of

Title Three 145

candidates of the same party who are next in order

in their respective regional list, after the deputies

initially corresponding to such political party

were apportioned; a vacancy for a senator elected

under the principle of proportional representation

must be filled by the next set of candidates of the

same party who are next in order in their

respective national list, after the senators initially

corresponding to such polit ical party were

apportioned; and a vacant senator office for a

senator elected under the first minority principle

must be filled by the second set of candidates of

the same party who are next in order in their

respective list for that State.

It is also understood that deputies or senators failing

to attend for ten consecutive days, without good

cause or previous leave of absence from the Speaker

of their respective House, which leave must be

notified to the House, shall be deemed to have

renounced to attend until the next term, whereupon

the alternates shall be summoned to take office.

Should there not be a quorum to install either

House or to perform their functions once installed,

146 Political Constitution of the United Mexican States

the alternates shall be summoned to attend as

promptly as possible to discharge the duties of the

office while the aforesaid thirty days’ term elapses.

Any individual who has been elected deputy or

senator and does not attend to discharge the duties

of his office without good cause, as determined by

his respective House, within the term set forth in

the first paragraph of this Article, shall be liable

and subject to the penalties established by the Law.

National political parties shall also be liable and

subject to the penalties set forth by the Law if,

after having entered candidates to an election for

deputies or senators, they decide its elected members

shall not attend to perform their respective elective

duties.

Article 64. Deputies and senators who fail to attend

a session without good cause or leave of absence

from the Speaker of their respective House shall

not be entitled to their remuneration for the day of

absence.

Article 65. The Congress shall assemble from

September 1st of each year, for a first term of regular

Title Three 147

sessions and from February 1st of each year for

a second term of regular sessions.

In both session terms the Congress shall be devoted

to study, discuss and vote the bills submitted thereto

and to decide any other affairs pertaining to it

according to this Constitution.

In each regular session term the Congress shall

preferably devote itself to the issues established

by its Organic Law.

Article 66. Each period of regular sessions shall

continue for the time necessary to deal with the

matters mentioned in the foregoing Article. The first

period of sessions may not be extended beyond

December 15th of the same year, except when the

President of the Republic takes office, in the date

provided by Article 83, in which case, the sessions

may be extended until December 31st of such year.

The second period of session may not be extended

beyond April 30th of said year.

Should both Houses not agree on closing the

sessions before the dates specified, the President

of the Republic shall decide.

148 Political Constitution of the United Mexican States

Article 67. The Congress or just one of the Houses,

when dealing with an issue under its exclusive

jurisdiction, shall assemble in extraordinary session

each time the Permanent Commission summons

them for such purpose; but in both cases, they

shall only devote themselves to the issue or issues

submitted by the Permanent Commission. These

matters shall be set forth in the respective summons.

Article 68. Both Houses shall be located in the same

place and shall not relocate to another one without

first agreeing on the relocation and on the time

and manner to carry it out, designating the same

place for the assembly of both Houses. If both Houses

have agreed on relocating but defer as to the time,

manner or place, the President of the Republic shall

decide the question by choosing one of the two

proposals. Neither House shall adjourn for more

than three days, without the consent of the other

one.

Article 69. At the opening of the regular sessions

of Congress, the President of the Republic shall

provide information in writing on the general state

Title Three 149

of the country’s public administration. At the opening

of extraordinary sessions of the Congress, or only of

one of its Houses, the speaker of the Permanent

Commission shall inform as to the reasons or causes

leading to such summons.

Each of the Houses shall analyze the report and

can request to the President of the Republic to expand

on the information through written questions and

to summon the Secretariats, the Attorney General

and the chairmen of decentralized entities, whom

shall appear before the Congress to report under

oath. The Law and regulations of the Congress shall

rule this attribution.

Article 70. Every resolution by the Congress shall

have the nature of a law or a decree. Laws or decrees

shall be communicated to the President of the

Republic signed by the speakers of both Houses

and by a secretary of each of them, and shall be

promulgated in the following manner: “The Congress

of the United Mexican States decrees: (text of the

law or decree)”.

The Congress shall enact the law that shall govern

its internal operations and structure.

150 Political Constitution of the United Mexican States

The Law shall establish the manners and procedures

to group deputies according to their political party

affiliation, in order to guarantee free speech to all

ideological positions represented in the House of

Deputies.

This Law cannot be vetoed nor shall it require

promulgation by the President of the Republic to be

in force.

Section Second

The initiation and enactment of laws

Article 71. The right to initiate laws or decrees

corresponds to:

I. The President of the Republic;

II. The deputies and senators to the Congress

of the Union; and

III. The States Legislatures.

The bills initiated by the President of the Republic,

by the States Legislatures or by the delegations

thereof, shall be referred to a committee; those

introduced by deputies or senators shall be subject

to the procedures set forth by the Rules of Procedure.

Title Three 151

Article 72. Bills whose approval into law or decree

is not the exclusive right of one of the Houses,

shall be discussed successively by both, abiding

by the Rules of Procedure in respect to form, intervals

and manner to act in debates and casting of votes.

A. After a bill is approved in the House where it

originates, it shall pass to the other House for

discussion and if approved, it shall be forwarded

to the President of the Republic; and if he has no

objections, he shall immediately publish it.

B. A bill forwarded to the President of the Republic

which is not returned with his objections to the

House where it originated within ten business

days after it was presented to him, shall be deemed

approved; unless during the said term, the

Congress shall have closed or adjourned its

sessions, whereupon the return shall be made

the first business day that Congress next assembles.

C. Any bill rejected in whole or in part by the

President of the Republic shall be returned with

his objections to the House where it originated,

which shall again reconsider it, and if confirmed

152 Political Constitution of the United Mexican States

by two thirds of the total number of votes, it

shall pass again to the other House for review;

and if approved by the same majority it shall

become a law or decree and return to the President

of the Republic for promulgation.

Votes on laws and decrees shall be cast by roll

call.

D. Should any bill be rejected in whole by the

reviewing House, it shall be returned to the

House where it originated with the objections

made thereto. It shall be again discussed in said

House and if approved by an absolute majority

of its members present, it shall return again to

the House that rejected it, which shall reconsider

it and should it be approved by the same majority,

it shall pass to the President of the Republic for

the purposes of section A. Otherwise, it shall not

be reintroduced in the same period of sessions.

E. If a bill is partially rejected, or amended, or

added to, by the reviewing House, the House

where it originated shall only debate the portion

rejected, or the additions, or the amendments

Title Three 153

thereto, and the Articles which were previously

approved shall not be altered in any manner.

Should the additions or amendments by the

reviewing House be approved by the House

where it originated through absolute majority

of votes of its members present, the bill in whole

shall pass to the President of the Republic for

the purpose of section A. Should the additions

or amendments by the reviewing House not be

approved by a majority of votes cast in the

House where it originated, the bill in whole

shall return to the reviewing House, so that the

latter may consider the reasons of the other

House. In this second review if the amendments

or additions are again rejected by an absolute

majority of the reviewing House’s members

present at the session, the bill, only in the

portion approved by both Houses, shall pass to

the President of the Republic for the purposes

of section A. Should the reviewing House insist

in such additions or amendments by an absolute

majority of votes of its members present, the

bill in whole shall not be reintroduced until the

154 Political Constitution of the United Mexican States

next period of sessions, unless both Houses

agree, by absolute majority of votes of their

present members, that the law or decree be

issued only with the Articles approved, and that

the Articles added to or amended, be reserved

to be examined and voted in the next sessions.

F. The same procedure established to enact laws

and decrees shall be followed in the interpretation,

amendment or repeal thereof.

G. Bills rejected in the House where they originated

may not be reentered in the sessions of the same

year.

H. The process for the enactment of laws and decrees

may be indistinctively initiated in any of the

two Houses, except for those bills dealing with

loans, imposts or taxes, or recruitment of troops,

which shall all be discussed first in the House

of Deputies.

I. Bills shall be preferably discussed in the House

where they are introduced, unless one month

elapses after having been passed to the

Title Three 155

Reporting Committee, without resolution by the

latter, whereupon the bill may be presented and

discussed in the other House.

J. The President of the Republic may not make

any observations to the resolutions of the Congress

or any of the Houses when they act as election

body or jury, or whenever the House of Deputies

declares there are grounds to impeach a high

ranking public officer of the Federation.

Neither may he object the decree summoning

to extraordinary sessions issued by the Permanent

Commission.

Section Third

The Powers of Congress

Article 73. The Congress shall have the powers:

I. To admit new States to the Federal Union;

II. (Repealed).

III. To create new States within the boundaries

of the existing ones, for which it is required:

156 Political Constitution of the United Mexican States

1° The territorial area or areas seeking to become

a State must have a population of at least one

hundred and twenty thousand inhabitants.

2° To prove to the Congress it has sufficient

elements to provide for its political existence.

3° To hear the States Legislatures whose territory

is involved, in respect to the convenience or

inconvenience of establishing the new State, for

which they are required to render their report

within six months from the date the respective

communication was delivered to them.

4° To hear the President of the Republic, who

shall send his report within seven days from the

date it was requested from him.

5° The creation of the new State must be approved

by the votes of two thirds of the deputies and

senators present in their respective Houses.

6° The resolution of the Congress must be

ratified by the majority of the States Legislatures,

upon previous examination of the file’s copy,

provided that the States Legislatures which

Title Three 157

territory is involved shall have granted their

consent.

7° If the States Legislatures whose territory is

involved do not grant their consent, the

ratification referred in the foregoing section must

be made by two thirds of the total of the States’

Legislatures.

IV. (Repealed);

V. To change the seat of the Supreme Powers

of the Federation;

VI. (Repealed);

VII. To levy the taxes and government excises1

required to cover the budget;

VIII. To establish the grounds under which the

President of the Republic may contract loans

Government excises is a concept which includes taxes, levies, imposts, assessments, tributes, government fees, penalties and interests on unpaid taxes, and in general all the charges that government may impose upon the population, to cover its budget.

1

158 Political Constitution of the United Mexican States

on the Nation’s credit, and to approve said loans,

and acknowledge and order the payment of the

national debt. No loan may be contracted except

for the performance of such works which directly

produce an increase in public revenues, save

for those executed with the purpose of currency

regulation, currency translation transactions, and

those contracted during an emergency declared

by the President of the Republic under the terms

of Article 29. The Congress also has powers to

approve annually the amounts of indebtedness

to be included in the Income Law, which are

required by the Government of the Federal

District and its public sector agencies, if any,

according to the base provided in the

corresponding Law. The President of the

Republic shall inform the Congress of the Union

annually about the exercise of said debt,

wheretofore the Chief of Government of the

Federal District shall send his own report in

regards to the application he has made of the

respective resources. The Chief of Government

of the Federal District shall likewise report the

Title Three 159

foregoing to the Assembly of the Federal District,

when submitting the government’s accounts:

IX. To prevent the establishment of restrictions

to interstate trade;

X. To legislate for the entire Republic on

hydrocarbons, mining, chemical substances,

explosives, pyrotechnics, motion picture industry,

trade, betting games and lotteries, financial

services and banking, nuclear and electric power;

and to enact labor laws regulating Article 123;

XI. To create and abolish public offices of the

Federation and to establish, increase or reduce

their compensations;

XII. To declare war on the grounds of the

information submitted by the President of the

Republic;

XIII. To enact laws in accordance to which prizes

on sea and land must be declared valid or

invalid; and to enact statutes concerning the

law of the sea for times of peace and war;

160 Political Constitution of the United Mexican States

XIV. To raise and maintain the armed forces of

the Union, namely: the Army, Navy and Air

Force of the country, and to regulate their

organization and service;

XV. To make regulations with the purpose of

organizing, arming and disciplining the National

Guard, reserving for the citizens composing it,

the appointment of their respective commanders

and officers, and to the States, the power to

train them in accordance with the discipline

established in such regulations;

XVI. To enact laws in regard to nationality, legal

status of aliens, citizenship, naturalization,

colonization, emigration and immigration and

general public health of the Republic.

1° The General Health Council shall depend

directly from the President of the Republic,

without intervention from any Secretariat, and

its general provisions shall be mandatory

throughout the country;

2° In case of serious epidemics or danger of

strike of exotic diseases throughout the country,

Title Three 161

the Secretariat of Public Health shall be required

to immediately issue any necessary preventive

measures subject to the President of the Republic’s

subsequent approval.

3° The Public health authority is vested with

executive powers, and its provisions shall be

obeyed by the country’s administrative authorities;

4° The measures that the Council has put into

effect in the campaign against alcoholism and

the sale of substances that poison individuals

or degenerate the human species, as well as

those measures adopted to prevent and fight

against environmental pollution, shall thereafter

be examined by the Congress of the Union in

the cases under its jurisdiction.

XVII. To enact laws concerning general means

of communication and transportation and in

regards to mail and post offices; to enact laws

on the use and enjoyment of waters under

federal jurisdiction;

XVIII. To establish mints, to set forth the standards

of coins, to determine the value of foreign

162 Political Constitution of the United Mexican States

currencies and to adopt a general system of

weights and measures;

XIX. To establish rules for the occupation and

alienation of vacant lands and to set their prices;

XX. To enact laws for the organization of Mexican

Diplomatic and Consular Service;

XXI. To establish the crimes and felonies against

the Federation and set the corresponding penalties;

to issue a general law about kidnapping, that

describes at least the guilty acts and their

penalties, the distribution of competences and

the ways of enhancing coordination between

the Federation, the Federal District, the States and

Municipalities; as well as to pass laws regarding

organized crime.

Federal authorities may also take cognizance

of crimes under local jurisdiction, when these

are connected with federal crimes.

In concurring matters considered in this

Constitution, federal laws shall establish the cases

in which local authorities shall be able to solve

federal crimes;

Title Three 163

XXII. To grant amnesties for crimes within the

jurisdiction of federal courts;

XXIII. To issue laws regarding the basis of

coordination between the Federation, the Federal

District, the States and Municipalities, and the

foundation and organization of federal public

safety institutions, according to Article 21 of this

Constitution.

XXIV. To enact the Law regulating the organization

of the Federation’s Superior Supervising Entity

and any others governing the actions, control and

assessment of the Powers of the Union and of

federal public entities;

XXV. To establish, organize and maintain,

throughout the country, rural, elementary,

superior, high and professional schools; schools

of scientific investigation, fine arts and technical

education, practical schools of agriculture and

mining, arts and trades, museums, libraries,

observatories and other institutes regarding the

population’s culture and make laws about such

164 Political Constitution of the United Mexican States

institutions; to legislate on traces or fossilized

remains and archaeological, artistic and historical

monuments whose conservation is of national

interest; as well as to pass laws destined to the

convenient distribution among the Federation,

States and Municipalities of the exercise of

educat ional funct ion and the economic

contributions corresponding to that public

service, aiming to unify and coordinate education

throughout the country. Degrees issued by said

establishments shall take effect throughout the

country. To legislate on copyright and other

intellectual property figures.

XXVI. To grant leave of absence to the President

of the Republic, and to erect itself as an Electoral

College and designate the citizen who is to

replace the President of the Republic either as

interim, provisional or substitute, under the

terms set forth by Articles 84 and 85 of this

Constitution;

XXVII. To accept the resignation from office of

the President of the Republic;

Title Three 165

XXVIII. To issue laws about governmental

accounting that shall rule public accounting and

the uniform presentation of information about

finances, incomes and expenditures, as well as

patr imonial for the Federat ion, Sta tes ,

Municipalities, the Federal District and political-

administrative organs within their territories, to

guarantee their combining with each other

nationwide.

XXIX. To establish taxes and government excises:

1° On foreign trade;

2° On the enjoyment and exploitation of those

natural resources set forth in paragraphs 4 and

5 of Article 27;

3° On credit inst i tut ions and insurance

companies;

4° On public services under concession or

directly exploited by the Federation; and

5° Excise taxes on:

a) Electric power;

166 Political Constitution of the United Mexican States

b) Production and consumption of processed

tobacco;

c) Gasoline and other products derived from

petroleum;

d) Matches;

e) Unfermented juice of the maguey and its

fermented products;

f) Forestry exploitation, and

g) Production and consumption of beer.

The States shall participate in the earnings

generated by these special taxes in the proportion

set forth by federal law. The States Legislatures

shall set the percentage corresponding to the

municipalities, in their income from tax over

electric power service;

XXIX-B. To enact legislation with regard to the

elements and use of the National flag, coat of

arms and anthem;

XXIX-C. To enact laws establ ishing the

concurrence of the Federal Government, the

Title Three 167

States and the municipalities, within their

respective jurisdictions, on matters concerning

human settlements, in order to comply with the

purposes set forth under paragraph third of

Article 27 of this Constitution;

XXIX-D. To enact laws in regards to planning

the Nation’s economic and social development,

as well as about statistical and geographical

information of national interest.

XXIX-E. To enact laws to program, promote,

negotiate, and carry out actions of economic

nature, specially the ones related to supply and

any others which purpose is to have a sufficient

and timely production of socially and nationwide

necessary goods and services;

XXIX-F. To enact any laws aimed at promoting

Mexican investment, regulating foreign investment,

technology transfer and production, diffusion

and application of scientific and technologic

knowledge required for national development;

XXIX-G. To enact laws establ ishing the

concurrence of the Federal Government, the

168 Political Constitution of the United Mexican States

States and the municipalities, within their

respective jurisdictions, on matters concerning

environmental protection and preservation and

restoration of ecological balance;

XXIX-H. To enact laws instituting administrative

tribunals vested with full autonomy to issue their

judgements and in charge of settling disputes

between Federal Public Administration and

private persons, and to penalize public servants

charged with administrative responsibility as

provided by the Law, establishing the provisions

for their organization, operation, the proceedings

and the means to review its resolutions.

XXIX-I. To enact laws establishing the bases in

accordance to which the Federation, the States,

the Federal District and the municipalities, shall

coordinate their actions in matters of civil

protection; and

XXIX-J. To legislate on matters concerning

sports, establishing general bases to coordinate

the concurrent attributions of the Federation, the

States, the Federal District and the municipalities;

Title Three 169

as well as the participation of the private and

social sectors; and

XXIX-K. To enact laws in matters of tourism,

establishing general bases to coordinate the

concurrent powers of the Federation, States,

municipalities, and the Federal District, as well

as the participation of the social and private

sectors;

XXIX-L. To enact laws establishing the concurrence

of the Federal Government, the States and the

Municipalities, within their respective jurisdictions,

on matters concerning fisheries and aquaculture,

as well as the participation of the social and

private sectors; and

XXIX-M. To enact laws in matters of national

security, establishing the requirements and limits

to the corresponding investigations;

XXIX-N. To issue laws regarding the formation,

organization, functioning and suppression of

cooperatives. These laws shall establish the basis

for the concurrence regarding the promotion

170 Political Constitution of the United Mexican States

and defensible development of cooperative

activity of the Federation, States and Municipalities,

as well as the Federal District, in the sphere of

their cognizance.

XXIX-Ñ. To issue laws that establish the basis

on which the Federation, States, Municipalities

and the Federal District shall coordinate their

actions in matters of culture, except the provision

set forth in section XXV of this article. Likewise,

they shall establish the way social and private

sectors shall participate, in order to fulfill the

goals stipulated in article 4, ninth paragraph of

this Constitution.

XXIX-O. To issue laws regarding the protection

of personal data in custody of private individuals.

XXX. To enact all laws required to make effective

the foregoing powers, and any other powers

vested on the Powers of the Union by this

Constitution.

Article 74. The exclusive powers of the House of

Deputies are:

Title Three 171

I. To solemnly announce throughout the Republic

that the Electoral Tribunal of the Federal Judicial

Branch has issued a declaration stating that the

President has been elected;

II. To coordinate and asses, without detriment

to its technical and operational autonomy, the

performance of the Federation’s Superior

Supervising Entity, in accordance with the terms

provided by the Law;

III. (Repealed).

IV.- To annually approve the Federation’s

Expenditure Budget, upon previous examination,

discussion and amendment, if applicable, of

the respective bill sent by the President of the

Republic, having first approved the taxes and

government excises that under its judgment,

must be authorized to cover the expenditures,

and also to authorize in the said Budget

multiannual expenditures for investment projects

in infrastructure determined according to the

statutory law; those expenditures shall be

included in the subsequent Expenditure Budgets.

172 Political Constitution of the United Mexican States

The President of the Republic shall send to the

House of Deputies, the Federation’s Income Bill

and Expenditure Budget no later than on

September 8th. The appropriate State Secretary

shall appear thereat to account for said bills.

The House of Deputies shall approve the

Federation’s Expenditure Budget no later than

November 15th.

Whenever the President of the Republic takes

office in the date set forth in Article 83, he shall

send the Federation’s Income and Expenditure

Budget Bills to the House of Deputies no later

than on December 15th.

There shall be no other secret items than those

deemed necessary and secret in said Budget;

which shall be exercised by the Secretaries upon

written authorization by the President of the

Republic.

(Fifth paragraph repealed)

(Sixth paragraph repealed)

(Seventh paragraph repealed)

Title Three 173

The term to submit the Income Bill and the

Expenditures Budget Draft may only be extended

upon request by the President of the Republic,

which request must be sufficiently justifiable at

the judgement of the Houses or the Permanent

Commission. The correspondent State Secretary

shall appear thereat, in any case, to inform on

the causes underlying such request.

V. To declare if it is lawful to file criminal

action against those public officers who have

committed a crime as provided under Article

111 of this Constitution.

To know of the charges against the public

officers referred under Article 110 of this

Constitution and to act as a prosecuting body in

the impeachment trials brought forth against them;

VI. To review the General Public Accounts of

the previous year, in order to evaluate the

outcomes of the financial efforts, to corroborate

if it has been adjusted to the criteria stated by

the Budget and to verify the fulfillment of every

objective established in the programs.

174 Political Constitution of the United Mexican States

The House of Deputies shall review the General

Public Account through the Superior Supervising

Entity of the Federation. If such agency should

find discrepancies amongst the incomes and

expenditures, regarding the respective concepts

and certificates or if any income or expenditure

is not correct or justified, any appropriate

responsibilities shall be determined according

to Law. When reviewing the fulfillment of the

programs’ objectives, the audit agency may

only issue recommendations to improve such

fulfillment, as provided by the Law.

The General Public Account of the correspondent

tax year shall be presented at the House of

Deputies on the 30th of April of the next year,

at the most. Such term can only be prolonged

according to part IV, last paragraph, of this

article; the extension should not exceed 30

natural days; otherwise, the Superior Supervising

Entity of the Federation shall have the same

additional time to report the review of the

General Public Account.

Title Three 175

The House of Deputies shall conclude reviewing

the General Public Account on the 30th of

September of the year following its presentation,

according to the analysis of its content and the

technical conclusions of the report delivered

by the Superior Supervising Entity of the

Federation, described in Article 79 of this

Constitution, without impairing the ongoing

proceedings of observations, recommendations

and act ions promoted by the Super ior

Supervising Entity of the Federation.

The House of Deputies shall evaluate the work

of the Superior Supervising Entity of the Federation

and to that end it can require it to report about

the progress of its auditing procedures.

VII. (Repealed).

VIII. Any other powers explicitly vested upon

it by this Constitution.

Article 75. The House of Deputies, when approving

the Expenditures Budget shall not fail to set the

remuneration pertaining to an office which has

176 Political Constitution of the United Mexican States

been established by the Law; and in the event that,

for any cause, it should fail to set such remuneration,

then it shall be understood that the amount set

forth in the previous Budget or in the Law which

established the office, shall be the one in force.

In any case, such a determination shall respect the

bases established in article 127 of this Constitution

and the laws that the Congress issues on the matter.

The Legislative, Executive and Judicial Branches

as well as organisms with a constitutionally recognized

autonomy that use resources from the Expenditures

Budget, shall include in their budget projects the

tabulators of the remunerations proposed for the public

officers. These proposals shall observe the procedure

that has been established for the budget approval

in section IV of article 74 of this Constitution and

other applicable laws.

Article 76. The exclusive powers of the Senate are:

I. To analyze the foreign policy applied by the

President of the Republic on the grounds of

the annual Information on the State of the

Title Three 177

country submitted to the Congress by the

President of the Republic and the corresponding

State Secretary.

Also, to approve international treaties and

diplomatic conventions celebrated by the

President of the Republic, as well as his decision

of cancell ing, withdrawing, suspending,

modifying or amending them, or withdrawing

reservations or making interpretative declarations

about them;

II. To ratify the appointments of the General

Attorney of the Republic, Justices of the Supreme

Court, diplomatic agents, general consuls, high

ranking employees of the Treasury,2 colonels

and other superior chiefs of the Army, Navy

and Air Force, made by the President of the

Republic, under the terms provided by the Law;

III. To authorize the President of the Republic

to allow the deployment of national troops

beyond the borders of the country, the passage

Treasury refers to the Secretariat of Finance and Public Credit.2

178 Political Constitution of the United Mexican States

of foreign troops through national land territory,

and the sojourn of vessels of other countries

for over one month in Mexican waters;

IV. To give its consent, so that the President of

the Republic may dispose of the National Guard

outside its respective States, and to determine

the necessary forces;

V. Whenever the constitutional powers of a State

disappear, to declare that it is necessary to appoint

a Provisional Governor, who shall summon to

elections in accordance with the constitutional

laws of said State. The Senate shall appoint such

governor chosen from a list of three candidates

proposed by the President of the Republic, with

the approval of two thirds of its members

present in the session, and in the adjournments

thereof, by the Permanent Commission according

to the same rules. The officer thus appointed

cannot be elected Constitutional Governor in

the elections held pursuant to the summons he

shall have issued. This provision shall govern

whenever the constitutions of the States do not

provide otherwise;

Title Three 179

VI. To settle political issues arising between the

powers of a State, whenever any of them shall

apply to the Senate theretofore, or when by reason

of such issues, the constitutional order has been

interrupted through an armed conflict. In such

event, the Senate shall issue its resolution subject

to provisions establish in the Constitution of the

Republic and the constitution of the State involved.

The Law shall regulate the exercise of the two

foregoing powers;

VII. To erect itself as a grand jury to take

cognizance of impeachment trials for faults or

omissions committed by public officers and

which result in detriment to fundamental public

interests and to their good performance in office,

according to the terms established by Article

110 of this Constitution;

VIII. To appoint the Justices of the Nation’s

Supreme Court of Justice, selecting them from

the group of three candidates submitted by the

President of the Republic, as well as to grant or

180 Political Constitution of the United Mexican States

deny its approval to the request for leave of

absence or resignation of such Justices submitted

by the President of the Republic;

IX. To appoint and to remove the Head of

Government of the Federal District in the cases

provided by this Constitution;

X. To authorize by decree approved by two

thirds of the individuals there, the amicable

agreements settled by the States about their own

limits.

XI. To definitely solve the conflicts about territorial

limits of the States who request it, by a decree

approved by two thirds of the individuals there.

XII. Any other powers vested upon it by this

Constitution.

Article 77. Each of the Houses may, without the

intervention of the other:

I. To issue resolutions in respect to its internal

organization;

Title Three 181

II. To communicate with the other legislative

House and with the President of the Republic

through its own internal committees;

III. To appoint the employees of its secretariat

and to issue the internal regulations thereof; and

IV. To summon, within a term of thirty days after

the date when the vacancy occurs, to extraordinary

elections to be held within the following ninety

days, in order to fill the vacancies of its respective

members referred in article 63 of this Constitution,

in the case of vacancies of deputies and senators

of the Congress of the Union by relative majority,

unless the vacancy shall occur during the last

year of the respective legislator’s term.

Section Fourth

The Permanent Commission

Article 78. During the adjournments of the Congress

of the Union there shall be a Permanent Commission

composed of 37 members, of which 19 shall be

deputies and 18 shall be senators, appointed by

182 Political Constitution of the United Mexican States

their respective Houses on the eve of the close of

the regular session terms. For each incumbent the

House shall appoint an alternate from amongst its

members in office.

The Permanent Commission, in addition to the

powers explicitly vested upon it by this Constitution,

shall have the following powers:

I. To give its consent to use the National Guard

in the cases mentioned in Article 76, section IV;

II. To take the oath of office of the President of

the Republic, as applicable;

III. To decide the issues under its jurisdiction;

to receive during the adjournments of the Congress

of the Union the bills and proposals addressed

to the Houses and to turn them for their resolution

to the Committees of the House to which they

are addressed, so that they may be acted upon,

in the next immediate period of sessions;

IV. To decide on its own motion or upon proposal

by the President of the Republic, the summons

Title Three 183

to Congress of the Union or to one of the Houses,

to extraordinary sessions, requiring in both cases

the vote of two thirds of the individuals present.

The summons shall include the purpose or

purposes of extraordinary sessions;

V. To grant or to deny its ratification to the

appointment of the General Attorney submitted

by the President of the Republic;

VI. To grant a leave of absence for up to thirty

days to the President of the Republic and to

appoint the interim alternate to fill such leave;

VII. To ratify the appointments made by the

President of the Republic of Justices of the

Supreme Court, diplomatic agents, general

consuls, high ranking employees of the Treasury,

colonels and other superior chiefs of the Army,

Navy and Air Force, under the terms provided

by the Law; and

VIII. To have cognizance of and decide the

requests for, leave of absence submitted by

legislators.

184 Political Constitution of the United Mexican States

Section Fifth

The Federation’s Superior Supervising Entity

Article 79. The Federation’s Superior Supervising

Entity of the House of Deputies shall have technical

and operating autonomy to exercise its powers and

to decide in respect to its internal organization,

operations and resolutions, in accordance with the

terms provided by the Law.

Auditing function shall be exercised according to

the principles of posteriority, annual recurrence,

legality, definitiveness, impartiality and reliability.

The Superior Supervising Entity of the Federation

shall be in charge of:

I. Supervising income and expenditures made;

management, custody and application of funds

and resources of the Powers of the Union and

Federal Public Entities, as well as the fulfillment

of objectives of federal programs, through reports

to be rendered under the terms provided by

the Law.

Title Three 185

It shall also supervise the exercise of federal

resources by States, the municipalities, the Federal

District and the political-administrative organs

within their territories, except for the federal

contributions; it shall also supervise the federal

resources destined to and exercised by any entity

or person, public or private, and those transferred

to trusts, mandates, funds or any other legal

form, according to the adequate legal proceedings

and in spite of other authorities’ cognizance and

the rights of the financial system users.

Supervised entities described in the previous

paragraph shall maintain control and a countable,

patrimonial and budget registration of the

resources transferred and assigned to them by

the Federation, according to Law.

Notwithstanding the principle of annuity, the

Superior Supervising Entity of the Federation

can request and review, casuistically and

concretely, information of tax years previous

to that of the General Public Account being

revised, which will not mean, for all legal

purposes, that the General Public Account

186 Political Constitution of the United Mexican States

whose data are subject to review is being

reopened, exclusively when the program,

project or expenditure contained on the revised

budget covers, for its execution and payment,

several tax years or refers to audits about the

fulfillment of the federal program’s objectives.

Every observation or recommendation handed

down by the Superior Supervising Entity of the

Federation can only refer to the tax year of those

public resources of the General Public Account

under audit.

Likewise, notwithstanding the principle of

posteriority, in those exceptional situations

determined by the Law, derived from formal

complaints, the Superior Supervising Entity of

the Federation can require from the supervised

entities to proceed to the audit during the

ongoing tax year, of the reported concepts and

submit a report about it. If these requirements

were not attended under the terms and forms

provided by the Law, there shall be the sanctions

due in it. The Superior Supervising Entity of

the Federation shall send a specific report to the

Title Three 187

House of Deputies and, if appropriate, shall

impose the corresponding responsibilities or

promote other of those to the proper authorities.

II. To deliver the report on the General Public

Account to the House of Deputies no later than

on February 20th of the next year after the one

when the accounts were submitted, which shall

be sent to the consideration of the House of

Deputies and shall be public. Said report shall

include the audits, the reports of its review, the

sections about the supervision about how the

supervised entities disposed of federal resources

and the verification of the fulfillment of the federal

program’s objectives, as well as a specific section

for observations by the Superior Supervising Entity

of the Federation, which shall include all the

justifications and explanations delivered by the

supervised entities regarding the observations.

To that end, prior to the presentation of the

report, the supervised entities shall have access

to the results of the audit in that which pertain to

them, so that they may deliver the proper

188 Political Constitution of the United Mexican States

justifications or explanations, which shall be

valued by the Superior Supervising Entity of the

Federation in order to make the report on the

outcome of the General Public Account’s review.

The Head of the Superior Supervising Entity of

the Federation shall send to the supervised

entities, no later than 10 working days after the

House of Deputies receives the report on the

result, the corresponding recommendations and

promoted actions so that, no later than 30

working days, deliver the information and make

all appropriate considerations; if they do not

fulfill this, they shall be subjected to the sanctions

provided by the Law. This prevision shall not

apply to the observations and promotions of

responsibilities, which shall be subjected to the

terms and procedures established by the Law.

The Superior Supervising Entity of the Federation

shall pronounce about the responses given by

the supervised entities in no less than 120 working

days; otherwise it shall be understood that the

recommendations and promoted actions were

attended.

Title Three 189

In case of recommendations about their

performance, the supervised entities shall notify

precisely all improvements to the Superior

Supervising Entity of the Federation or, at all

events, to justify their unrighteousness.

On May the 1st and November the 1st each

year, the Superior Supervising Entity of the

Federation shall deliver to the House of Deputies

a report on the situation of all observations,

recommendations and raised actions.

The Superior Supervising Entity of the Federation

shall keep to itself its actions and observations

until the report described in this section is

delivered to the House of Deputies; the Law

shall establish the applicable sanctions to

whoever infringes this disposition.

III. To investigate any actions or omissions

implying irregularities or unlawful conduct in

regards to income, expenditures, management,

custody and allocation of federal funds and

resources and to carry out inspections to private

facilities only to require that such books,

190 Political Constitution of the United Mexican States

documents or files which are indispensable to

carry out the investigations be produced, subject

to the laws and formalities established for

searches; and

IV. To determine any damages and losses

affecting the Federal Treasury or the estate of

Federal Public Entities, and to directly impose

over whoever is responsible, the corresponding

payment of indemnifications and monetary

penalties, as well as to institute the appropriate

legal proceedings before authorities with

competence to impose other liabilities; to initiate

the liability procedures referred under Title Fourth

of this Constitution and to file accusations and

criminal charges in which procedures it shall

participate as provided by the Law.

All sanctions and other resolutions by the Superior

Supervising Entity of the Federation can be

contested by the supervised entities and, at any

case, by every affected public servant thereof,

before the Supervising Entity itself or the courts

described by Article 73, section XXIX of this

Constitution according to the Law.

Title Three 191

The House of Deputies shall appoint the head of

the Supervising Entity by the vote of two thirds

of its members in attendance. The Law shall establish

the procedure for said appointment. The head of

the Supervising Entity shall hold office for a term

of eight years and may be appointed again just for

one additional period. He may be removed

exclusively for serious misdemeanours set forth by

the Law, by the same number of votes required for

his appointment, or for the causes and in accordance

with the procedures set forth under Title Fourth of

this Constitution.

To qualify for the office of head of the Federation’s

Superior Supervising Entity, it is necessary to fill,

besides the qualifications provided under sections

I, II, IV, V and VI of Article 95 of this Constitution,

any other requirements established by the Law.

While holding such office, the incumbent may not

be member of any political party, nor hold any other

office, employment or commission, except pro

bono work in scientific, academic, artistic or charitable

associations.

192 Political Constitution of the United Mexican States

The Powers of the Union, the States and the rest

of the supervised entities shall facilitate all the

assistance required by the Superior Supervising

Entity of the Federation to fulfill its duties;

otherwise they shall be sanctioned according to

Law. Also, federal and local public servants, as well

as any entity, physical or moral person, public or

private, trust, mandate or fund, or any other legal

form, which receive or exercise federal public

funds, shal l del iver the informat ion and

documentat ion requested by the Super ior

Supervising Entity of the Federation, according to

the procedures established by the Law and

notwithstanding the cognizance of other authorities

and the rights of the financial system users. If no

information is given, the persons responsible shall

be sanctioned according to Law.

The President of the Republic shall carry out

administrative execution proceedings to collect the

indemnifications and monetary penalties provided

under section IV of this Article.

CHAPTER THREE The Federal Executive Branch

Article 80. The exercise of the Supreme Executive

Branch of the Union is vested in a single individual

who shall be called the “President of the United

Mexican States.”

Article 81. The election of the President shall be

direct and in accordance with the terms set forth

by the electoral law.

Article 82. The following qualifications are

required to be President of the Republic:

I. To be a Mexican citizen by birth, with legal

capacity to exercise his rights, born of Mexican

father or mother and to have resided in the country

for at least twenty years;

193

194 Political Constitution of the United Mexican States

II. To be thirty five years old at the time of the

election;

III. To have resided in the country during the

entire year prior to the day of the election. Absence

from the country for up to thirty days does not

interrupt the term of residence;

IV. Not to be neither a member of the clergy

nor a minister of any creed;

V. Not to be in active service, in case of being a

member of the army, for a period of six months

before the day of the election;

VI.- Not to be a State Secretary or Undersecretary,

Attorney General of the Republic, Governor nor

Head of Government of the Federal District,

unless he leaves that position six months before

the day of the election; and

VII. Not to be subject to any disqualifications

set forth under Article 83.

Article 83. The President shall begin his term in

office on December 1st and shall remain in charge

Title Three 195

for a term of six years. Any citizen, who has held

the office of President of the Republic, through

popular election or as interim, provisional or

substitute, shall never, under any circumstance,

hold such office again.

Article 84. In case of absolute absence of the

President of the Republic during the first two years

of the respective term, if the Congress of the Union

were in sessions, it shall immediately erect itself

as Electoral College, and if there shall be at least

two thirds of its total members 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 summons for the election

of the President who shall complete the respective

term; the date of such election shall be fixed within

an interval of no less than fourteen months nor

more than eighteen months between the date of

the summons and the date set to hold the election.

During the adjournments of the Congress of the

Union, the Permanent Commission shall immediately

196 Political Constitution of the United Mexican States

appoint a Provisional President and shall summon

the Congress to extraordinary sessions, so that the

latter in turn, may appoint an Interim President

and issue summons to presidential elections under

the terms provided by the foregoing paragraph.

Should the absence of the President occur during

the last four years of the respective term, if the

Congress of the Union were in sessions, it shall

designate the Substitute President who shall

conclude the term; if the Congress were not

assembled, the Permanent Commission shall

appoint a Provisional President and shall summon

the Congress of the Union to extraordinary sessions

so that it shall erect itself as Electoral College and

elect the Substitute President.

Article 85. If at the beginning of a constitutional

term the elected President should not attend, or if

the election has not been made and the results

declared by December 1st, the President whose

term has concluded shall nevertheless cease to hold

office, and the Executive Powers shall devolve on

the Interim President appointed by the Congress

Title Three 197

of the Union, or if Congress were not assembled,

on the Provisional President appointed by the

Permanent Commission, acting in accordance with

the preceding article.

Should the absence of the President be temporary,

the Congress of the Union, if it were assembled,

or otherwise, the Permanent Commission, shall

appoint an Interim President to act accordingly

during the period of absence.

Should the absence of the President exceed thirty

days and if the Congress were not assembled, the

Permanent Commission shall summon the Congress

to extraordinary sessions so that it may provide

for the leave of absence, and if appropriate appoint

an Interim President.

If the temporary absence should become absolute,

the procedure provided in the foregoing Article

shall apply.

Article 86. The office of President of the Republic

can only be resigned for serious cause that shall

be qualified by the Congress of the Union, before

whom the resignation must be submitted.

198 Political Constitution of the United Mexican States

Article 87. When taking office, the President shall

make the following oath before the Congress of the

Union or if in the adjournments thereof, before

the Permanent Commission: “I do solemnly swear

to uphold and enforce the Political Constitution of

the United Mexican States and the laws enacted

under its authority, and to faithfully and patriotically

execute the office of President of the Republic that

the people have vested on me, pursuing in all matters

the welfare and prosperity of the Union, and should

I not do so, may the Nation demand it from me.”

Article 88. The President of the Republic may leave

national land territory for up to seven days, previously

informing the reasons for his absence to the Senate

or the Permanent Commission, if applicable, as

well as the outcome of his activities abroad.

Whenever his absence is longer than seven days,

an authorization by the Senate or the Permanent

Commission shall be required.

Article 89. The powers and duties of the President

of the Republic are as follows:

I. To promulgate and enforce the laws enacted

by the Congress of the Union providing the

Title Three 199

means required, within his administrative

jurisdiction, for their faithful execution;

II. To appoint and remove State Secretaries at

his sole discretion, to remove diplomatic agents

and the high ranking employees of the Treasury,

and to unrestrictedly appoint and remove all

the other employees of the Union, whose

appointment or removal is not otherwise provided

for in the Constitution or the laws;

III. To appoint Justices of the Supreme Court,

diplomatic agents and general consuls, with the

approval of the Senate;

IV. To appoint the colonels and other superior

chiefs of the Army, Navy and Air Force and high

ranking employees of the Treasury, with the

approval of the Senate;

V. To appoint all other officers of the Army,

Navy and Air Force, as provided by the laws;

VI. To maintain national security, under the

terms of the respective law, and to dispose of

all permanent military forces of the Army, Navy

200 Political Constitution of the United Mexican States

and Air Force, for the Federation’s interior security

and defense;

VII. To dispose of the National Guard for the

same purposes mentioned hereinbefore, in

accordance with the terms set forth in Section

IV of Article 76;

VIII. To declare war in the name of the United

Mexican States pursuant to a law previously

enacted by the Congress of the Union to that end;

IX. To appoint the General Attorney of the

Republic with the ratification by the Senate;

X. To direct foreign policy and to celebrate

International treaties, as well as to terminate,

denounce, suspend, modify, amend, withdraw

reservations and formulate interpretative

statements about them, subject to approval by

the Senate. In conducting foreign policy, the

President of the Republic shall abide by the

following guiding principles: self-determination

of peoples; non-intervention; pacific settlement

of disputes; to refrain in their international

Title Three 201

relations from threats or use of force; of equal

rights of States; international cooperation for

development; and to maintain international

peace and security.

XI. To summon the Congress to extraordinary

sessions, in accordance with the respective

resolution of the Permanent Commission;

XII. To give the Judicial Branch the assistance

it requires for the prompt discharge of its duties;

XIII. To enable all sorts of ports, establish maritime

and frontier customhouses, and to determine

their location;

XIV. To grant, according to the laws, pardons

to criminals convicted for crimes under the

jurisdiction of federal courts, and to individuals

convicted for crimes under the local jurisdiction

of the Federal District;

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;

202 Political Constitution of the United Mexican States

XVI. When the Senate is not in session, the

President of the Republic may make the

appointments provided in sections III, IV and

IX, with the approval of the Permanent

Commission;

XVII. (Repealed);

XVIII. To submit to the Senate’s approval, a

proposal of three candidates to make the

appointment of Justices of the Supreme Court

of Justice, and to also submit thereto the requests

for leaves of absence and resignations of said

Justices;

XIX. (Repealed);

XX. Any others powers explicitly vested upon

him by this Constitution.

Article 90. Federal Public Administration shall be

centralized and decentralized, in accordance with

the provisions of the Organic Law to be enacted

by the Congress, which shall distribute the

administrative affairs of the Federation that shall be

entrusted to the Secretariats of State and shall

Title Three 203

establish the general principles for constituting

decentralized agencies and the intervention of the

President of the Republic in their operation.

The laws shall set forth the relation between

decentralized agencies and the President of the

Republic, or between such entities and the

Secretariats.

Article 91. To be State Secretary it is required to

be a Mexican citizen by birth, with legal capacity

to exercise his rights, and to be thirty years old.

Article 92. All the regulations, decrees, rulings and

orders of the President, must be countersigned by

the State Secretary to whom the matter pertains,

and shall not be obeyed unless having fulfilled

this requirement.

Article 93. The State Secretaries, as soon as the

regular period of sessions is open, shall address the

Congress to inform on the state of their respective

branches.

Any of the Houses may summon the State Secretaries,

the General Attorney of the Republic, as well as the

204 Political Constitution of the United Mexican States

directors and administrators of federal decentralized

agencies and the heads of autonomous organs, to

provide information under oath whenever a law is

under discussion or a matter is being studied

concerning their respective activities or branches.

The Houses, upon request by one fourth of its

members, in the case of the House of Deputies

and by half of its members in the case of the Senate,

have the power to constitute committees to

investigate the operation of said federal decentralized

agencies and Government controlled corporations.

The findings of such investigations shall be

communicated to the President of the Republic.

Both Houses can request information or documents

to the heads of all agencies and bodies of the

federal government, through a written question

which shall be answered in no less than 15 calendar

days from the moment of its reception.

These attributions shall be exercised according to

the Law and regulations of the Congress.

CHAPTER FOUR The Judicial Branch

Article 94. The exercise of the Judicial Branch of

the Federation is vested on the Nation’s Supreme

Court of Justice, in an Electoral Tribunal, in Collegiate

and Unitary Circuit Courts, and in District Courts.

Management, supervision and discipline of the

Judicial Branch of the Federation, with the exception

of the Nation’s Supreme Court of Justice, shall be

entrusted to the Federal Judicial Council, under the

terms established by the Law, in accordance with

the bases set forth in this Constitution.

The Nation’s Supreme Court of Justice shall be

composed with eleven Justices and shall function

in Full Court or in Chambers.

205

206 Political Constitution of the United Mexican States

In accordance with the terms provided by the Law,

the sessions in Full Court and in Chambers shall

be public, and by exception, when public interest

or public morals should so require it, the sessions

shall be secret.

The jurisdiction of the Supreme Court, its operation

in Full Court or in Chambers, the jurisdiction of Circuit

Courts, District Courts and of the Electoral Tribunal,

as well as the liabilities in which the public officers

of the Judicial Branch of the Federation may incur,

shall be governed by the provisions set forth in

the laws, in accordance with the bases established

in this Constitution.

The Federal Judicial Council shall establish the

number, circuit division, territorial jurisdiction and,

as appropriate, the specialization by subject matter

of Collegiate Courts, Unitary Circuit Courts and

District Courts.

The Supreme Court of Justice in Full Court shall

have powers to issue general decrees, with the aim

of attaining an adequate distribution among the

Chambers, of the affairs under the jurisdiction of

3

Title Three 207

the Court, as well as to remit to Collegiate Circuit

Courts those cases where it shall have established

binding judicial precedents3 for their prompt

dispatch, or such cases which the Court decides to

forward, in accordance with such decrees, for a

better dispensation of justice. Said decrees shall

be in force upon their publication.

The Law shall determine the terms under which

binding judicial precedents established by the

courts of the Judicial Branch of the Federation shall

be mandatory in respect to the interpretation of

the Constitution, federal or local laws and regulations,

and international treaties celebrated by the Mexican

State, as well as the requirements for its interruption

and amendment.

The text in Spanish uses the term Jurisprudencia. This term does not refer to any judicial resolution but only to those that constitute a binding judicial precedent. Articles 94 and 107 of this Constitution regulate the way in which it is created, as well as statutes governing federal procedures. Jurisprudencia or mandatory judicial precedent is created when the Supreme Court of Justice or Collegiate Circuit Courts (Appeal courts of the Federal Judiciary) rule in the same way in five consecutive occasions, in which case all lower federal courts must abide by such holdings. The Electoral Tribunal of the Federal Judicial Branch is also able to produce jurisprudencia.

208 Political Constitution of the United Mexican States

The remuneration received by the Justices of the

Supreme Court, Circuit Magistrates,4 District Judges

and Councillors of the Council of the Federal

Judiciary, as well as the Electoral Magistrates, may

not be reduced during their term in office.

The Justices of the Supreme Court shall hold their

office for a term of fifteen years, and may only be

removed therefrom in accordance with the terms

set forth by Title Fourth of this Constitution. Justices

shall be entitled to a retirement payment at the

end of their term.

No individual who has been a Justice may be

appointed for a new term, unless he has held the

office in a provisional or interim character.

Article 95. To be elected Justice of the Nation’s

Supreme Court of Justice, it is required:

I. To be a Mexican citizen by birth with legal

capacity to exercise his political and civil rights;

In the Mexican legal system, Magistrates who belong to the Federal or local Judicial Branches are appeal judges. Magistrates in administrative courts may be both, trial and appeal judges.

4

Title Three 209

II. To be at least thirty five years old on the day

of the appointment;

III. To have held on the day of the appointment,

a professional Law degree, for a minimum of ten

years, issued by an authority or institution legally

empowered theretofor;

IV. To have a good reputation and not have

been convicted for a crime punishable by

imprisonment for more than one year; but

should the crime have been robbery, fraud,

forgery, embezzlement or any other which would

seriously hurt good reputation as the public

perceives it, he shall be disqualified for office

whatever the penalty may have been;

V. To have resided within the country for the

last two years previous to the day of the

appointment; and

VI. Not to have been State Secretary, Attorney

General of the Republic or Attorney General of

the Federal District, Senator, Federal Deputy or

Governor of a State or Head of Government of

210 Political Constitution of the United Mexican States

the Federal District, in the year previous to the

day of the appointment.

The appointment of Justices must preferably go to

those individuals who have served with efficiency,

capacity and honesty in the dispensation of justice,

or who have distinguished themselves for their

honorability, proficiency and a good professional

record in the exercise of legal activities.

Article 96. In order to appoint Justices to the

Supreme Court of Justice, the President of the

Republic shall submit three candidates to the Senate.

The latter, upon previous appearance of the

individuals proposed, shall designate the one of

them, who shall fill the vacancy. The appointment

shall be made by the vote of two thirds of the

Senators present in the respective session, within

a term of thirty days which may not be extended.5

Should the Senate not decide within such term,

the position shall be filled by the individual

Said term is computed from the date the President submits the list of candidates.

5

Title Three 211

appointed by the President of the Republic from

the aforesaid group of three candidates previously

submitted.

In the event that the Senate should reject all three

candidates proposed, the President of the Republic

shall submit a new group of three candidates under

the terms of the previous paragraph. Should this

second group of candidates be also rejected, the

position shall be filled by the individual appointed

by the President of the Republic from the aforesaid

group of three candidates proposed.

Article 97. Circuit Magistrates and District Judges

shall be appointed and assigned to their jurisdiction

by the Council of the Federal Judiciary on the grounds

of objective criteria and in accordance with the

requirements and procedures set forth by the Law.

They shall hold office for six years, upon which,

should they be ratified or promoted to higher offices,

they may only be removed therefrom in the cases

and in accordance with the procedures established

by the Law.

The Nation’s Supreme Court of Justice may appoint

any or several of its members, or any District Judge

212 Political Constitution of the United Mexican States

or Circuit Magistrate, or may appoint one or several

Special Commissioners, when it deems convenient

or whenever the President of the Republic or any

of the Houses of the Congress of the Union, or the

Governor of a State should request it, only for the

purpose of investigating a fact or facts constituting

a serious violation to any constitutional right. It

may also require the Federal Judicial Council to

investigate the conduct of a Federal Judge or

Magistrate.

(Repealed.)

The Supreme Court of Justice shall appoint and

remove its clerk and all other officers and employees.

The Magistrates and Judges shall appoint and

remove their respective officers and employees of

Circuit Courts and District Courts, in accordance

with the provisions set forth by the Law in respect

to the judicial career.

Each fourth year period, the Nation’s Supreme Court

of Justice in Full Court, shall elect from amongst

its members one of them to act as its President, who

may not be reelected for the next immediate term.

Title Three 213

Each Justice of the Supreme Court of Justice when

taking office shall take oath before the Senate in

the following manner:

President: “Do you solemnly swear to faithfully and

patriotically execute the office of Justice of the

Nation’s Supreme Court of Justice which has been

vested upon you, and to uphold and enforce the

Political Constitution of the United Mexican States

and the laws enacted under its authority, pursuing

in all matters the welfare and prosperity of the Union?”

Justice: “Yes, I do swear.”

President: “Should you fail to do so, may the Nation

demand it from you.”

The Circuit Magistrates and District Judges shall take

oath before the Supreme Court of Justice and the

Federal Judicial Council.

Article 98. Whenever the absence of a Justice should

exceed one month, the President of the Republic

shall submit the appointment of an interim Justice

to the Senate’s approval, under the terms set forth

in Article 96 of this Constitution.

214 Political Constitution of the United Mexican States

Should a Minister be absent by cause of death or

for any other final cause of removal, the President

shall submit for the Senate’s approval a new

appointment under the terms set forth in Article

96 of this Constitution.

The resignations of Justices of the Supreme Court

of Justice shall only be admitted for serious causes.

Resignations shall be submitted to the President of

the Republic and if the latter accepts them, he shall

send them to the Senate for approval.

The leaves of absence of Justices, when they do

not exceed one month, may be granted by the

Nation’s Supreme Court of Justice. Those exceeding

such term shall be granted by the President of the

Republic with approval of the Senate. No leave of

absence may exceed a term of two years.

Article 99. Except for the provisions in section II

of Article 105 of this Constitution, the Electoral

Tribunal shall be the highest jurisdictional authority

on the subject matter and shall constitute a specialized

body of the Judicial Branch of the Federation.

Title Three 215

To exercise its powers, the Electoral Tribunal shall

operate through a Superior Chamber as well as

through Regional Chambers and its sessions to pass

judgment shall be public, in accordance with the

terms set forth by the Law. The Tribunal shall be

staffed with the legal and administrative personnel

needed to operate adequately.

The Superior Chamber shall be composed with seven

Electoral Magistrates. The Chief Magistrate of the

Court shall be elected by the Superior Chamber,

from amongst its members, to hold said office for

a term of four years.

The Electoral Tribunal shall have the power to

decide in a final and incontestable manner, subject

to the terms set forth in this Constitution, and

abiding by the provisions established by the Law,

the following issues:

I. Contests submitted against federal elections

for deputies and senators;

II. Contests submitted against the election of

the President of the United Mexican States which

216 Political Constitution of the United Mexican States

shall be decided by the Superior Chamber in

one single instance;

The Superior Chamber and the Regional Chambers

shall declare the nullity of an election only by

the causes expressly established by the laws.

Upon deciding any contests brought forth

against the election for President of the United

Mexican States, the Superior Chamber shall make

the final computations thereof and shall thereafter

make the declaration of validity of the election

and the declaration of Elected President in

respect to the candidate who shall have obtained

the largest number of votes;

III. Contests submitted against acts and resolutions

by federal electoral authorities, different from

the ones set forth in the previous two sections,

that infringe constitutional or legal provisions;

IV. Contests submitted against final and conclusive

resolutions or acts by State authorities with

jurisdiction to organize and qualify elections, or

to decide the disputes arising during elections,

which outcome may determine the development

Title Three 217

of the respective process or the final result

thereof. This procedure shall be admissible only

when the remedy requested is substantially and

legally possible within electoral terms, and

provided it is feasible to implement it before the

date constitutionally or legally set forth for

the installation of the elected government bodies

or for the taking of office of the individuals elected;

V. Contests submitted against actions and

resolutions infringing the electoral rights6 of

citizens to vote, to be voted, and to freely and

pacifically affiliate in order to participate in the

political affairs of the country, under the terms

provided by this Constitution and the laws;

VI. Labor disagreements or conflicts between

the Electoral Court and its employees;

VII. Labor disagreements or conflicts between

the Federal Electoral Institute and its employees;

The text in Spanish of the Constitution says derechos político electorales de los ciudadanos. In this translation the term político has been omitted, considering that electoral rights are a species of political rights.

6

218 Political Constitution of the United Mexican States

VIII. Determination and imposition of penalties

from the Federal Electoral Institute to political

groups or parties or natural or artificial persons,

national or foreign, who infringe this Constitution

and the laws, and

IX. Any others set forth by the Law.

The Chambers of the Electoral Tribunal shall use

every necessary means of pressure to have their

sentences and resolutions rapidly fulfilled, in the

terms set forth by the Law.

Notwithstanding the prevision of Article 105 of this

Constitution, the Chambers of the Electoral Tribunal

can determine not to apply electoral laws which

are contrary to this Constitution. All sentences

delivered when exercising this faculty shall refer

to the specific case to which the process is about.

In such cases the Superior Chamber shall inform

the Supreme Court of Justice of the Nation.

When a Chamber of the Electoral Tribunal should

uphold a judicial precedent regarding the

unconstitutionality of an act or resolution or the

Title Three 219

interpretation of a provision of this Constitution

and this precedent were inconsistent with another

upheld by the Chambers of the Supreme Court of

Justice or by the latter operating in Full Court, any

of the Justices, the Chambers or the parties, may

denounce the contradiction according to the terms

established by the Law, so that the Nation’s Supreme

Court of Justice in Full Court may finally decide

which precedent must prevail. The resolutions

adjudged in accordance with this premise shall not

affect the cases already decided.

The organization of the Tribunal, the jurisdiction

of the Chambers, the procedures to decide the

affairs under its jurisdiction, as well as the

mechanisms to establish binding judicial precedents

in the subject matter, shall be the ones established

by this Constitution and the laws.

The Superior Chamber can, by itself, at the request

of a party or some of the Regional Chambers, to

attract the cases tried by said Chambers; also, it

can send the matters of its own cognizance to the

Regional Chambers to be tried and resolved. The

220 Political Constitution of the United Mexican States

Law shall set forth the rules and proceeding for

exercising such faculties.

In accordance with the terms provided by the Law,

the administration, supervision and discipline of the

Electoral Tribunal shall pertain to a Committee of

the Federal Judicial Council, which shall be

composed by the Chief Magistrate of the Electoral

Tribunal, who shall act as chairman thereof, one

Electoral Magistrate form the Superior Chamber,

selected by drawing, and by three members of the

Federal Judicial Council. The Electoral Tribunal

shall propose its budget to the Chief Justice of the

Nation’s Supreme Court of Justice, so that it may

be included in the Budget Draft of the Judicial Branch

of the Federation. Likewise, the Electoral Tribunal

shall issue its internal regulations and any general

decrees it should require to operate adequately.

The Electoral Magistrates composing the Superior

Chamber and the Regional Chambers shall be elected

by the vote of two thirds of the Senators present,

or in the adjournments thereof, by the Permanent

Commission, upon proposal submitted by the Nation’s

Title Three 221

Supreme Court of Justice. The Law shall establish

the corresponding rules and procedure.

The Electoral Magistrates constituting the Superior

Chamber must fulfill the requirements established

by the Law, which may not be less than those required

to hold the office of Justice of the Nation’s Supreme

Court of Justice, and they shall remain in office for

a term of ten years which is non extendible. The

resignations, absences and leaves of absence of

the Electoral Magistrates of the Superior Chamber

shall be processed, covered and granted by said

Chamber, as applicable, in accordance with the

terms of Article 98 of this Constitution.

The Electoral Magistrates composing the Regional

Chambers must comply with the requirements set

forth by the Law, which may not be less than those

required to be Magistrate of Collegiate Circuit Courts.

They shall hold their office for a non extendible term

of eight years, unless they are promoted to higher

offices.

In case of a definitive vacancy a new Magistrate shall

be appointed for the remaining of the time of the

original appointment.

222 Political Constitution of the United Mexican States

The labor relationships of the Tribunal’s personnel

shall be governed by the provisions applicable to

the Judicial Branch of the Federation and by the

special rules and exceptions set forth by the Law.

Article 100. The Federal Judicial Council shall be

a body of the Judicial Branch of the Federation,

which shall have technical and operational

independence and shall also be independent to

issue its resolutions.

The Council shall be composed by seven members

of which, one shall be the Chief Justice of the

Supreme Court of Justice, who shall also be the

chairman of the Council; by three Councillors

appointed by the Supreme Court in Full Court, by

a majority of at least eight votes, from amongst the

Circuit Magistrates and District Judges; two

Councillors appointed by the Senate and one by

the President of the Republic.

All the Councillors must comply with the requirements

provided under Article 95 of this Constitution and

be individuals distinguished for their professional

and administrative capacity, their honesty and the

Title Three 223

honorable performance of their activities, in the case

of the individuals appointed by the Supreme Court,

they must also be professionally well reputed within

the scope of the judiciary.

The Council shall function in Full Court or in

committees. When it is functioning in Full Court it

shall decide the designation, adscription, ratification

and removal of Magistrates and Judges, as well

as any other issues established by the Law.

Save for the chairman of the Council, the remaining

Councillors shall hold their office for five years.

They shall be replaced in a subsequent manner, and

shall not be designated for a new term.

The Councillors do not represent the institutions

appointing them, therefore, they shall perform their

duties in an independent and impartial manner.

During their term in office they may only be removed

in accordance with the terms set forth under Title

Fourth of this Constitution.

The Law shall establish the principles to improve

and advance the professional education and

224 Political Constitution of the United Mexican States

knowledge of officers, as well as for the development

of the judicial career, which shall be governed by

the principles of excellence, objectivity, impartiality,

professionalism and independence.

According with the provisions established by the

Law, the Council shall be empowered to issue

general decrees to adequately exercise its duties.

The Supreme Court of Justice may request from

the Council to issue such general decrees as it deems

necessary to ensure an adequate exercise of federal

judicial functions. The Court en Banc may also

review, and if appropriate, revoke the decrees

approved by the Council, by a majority of at least

eight votes. The Law shall establish the terms and

procedures to exercise these powers.

The Council’s decisions shall be final and without

further appeal and, therefore, no action or remedy

shall be admissible against them, save for the ones

referring to the appointment, adscription, ratification

and removal of Magistrates and Judges, which may

be reviewed by the Supreme Court of Justice, only

to verify that they have been adopted in accordance

Title Three 225

to the rules established by the respective organic

law.

The Supreme Court of Justice shall prepare its own

budget and the Council shall prepare it for the

rest of the Judicial Power of the Federation, regardless

of the provisions set forth in paragraph seventh of

Article 99 of this Constitution. The budgets so

prepared shall be forwarded by the Chief Justice

of the Supreme Court, to be included in the

Federation’s Expenditure Budget draft. The

administration of the Supreme Court of Justice shall

pertain to its Chief Justice.

Article 101. The Justices of the Supreme Court of

Justice, the Circuit Magistrates, the District Judges

and their respective clerks, the Councillors of the

Federal Judicial Council, as well as the Magistrates

of the Superior Chamber of the Electoral Tribunal,

may never, in any case, accept nor hold a job or

an office of the Federation, the States, the Federal

District, or for private persons, save for pro bono

positions in scientific, academic, literary or

charitable associations.

226 Political Constitution of the United Mexican States

The individuals who have held the office of Justice

of the Supreme Court, Circuit Magistrate, District

Court or Councillor of the Federal Judicial Council,

as well as of Magistrate of the Superior Chamber

of the Electoral Tribunal may not, within the two

years immediately following the date of their

retirement, act as counsellors, attorneys or

representatives in any proceedings before the

bodies of the Judicial Branch of the Federation.

During such term, the individuals who have held

the office of Justices, except when having held it

in a provisional or interim character, may not hold

the offices set forth in section VI of Article 95 of

this Constitution.

The disqualifications established in this Article shall

be applicable to judicial officers enjoying a leave

of absence.

The infraction to the provisions in the previous

paragraphs shall be punished with the loss of the

respective position within the Judicial Branch of

the Federation, as well as with the forfeiture of the

considerations and compensations which henceforth

Title Three 227

should correspond to said office, regardless of any

other penalties provided by the laws.

Article 102.

A. The Law shall organize the duties of the Public

Prosecution Office of the Federation, whose

officers shall be appointed and removed by the

President of the Republic in accordance with

the respective law. The Public Prosecution

Office of the Federation shall be presided by

the Attorney General of the Republic, who

shall be appointed by the President of the

Republic with ratification by the Senate, or in

the adjournments thereof, by the Permanent

Commission. To become Attorney General it is

required to be a Mexican citizen by birth; to be

at least thirty five years of age on the day of the

appointment; to have held a professional Law

degree for a minimum of ten years; to have a

good reputation, and not to have been convicted

for an intentional crime. The Attorney General

may be freely removed by the President of the

Republic.

228 Political Constitution of the United Mexican States

The prosecution of all federal crimes before the

courts pertains to the Public Prosecution Office

of the Federation. Therefore, it is the duty of

said office to request arrest warrants against

suspects of a crime; to procure and submit

evidence to prove their liability; to see that trials

are conducted with regularity so that the

administration of justice may be prompt and

efficient, to request the imposition of penalties,

and intervene in all matters set forth by the Law.

The Attorney General of the Republic shall

personally intervene in all constitutional

controversies and actions of unconstitutionality

set forth in Article 105 of this Constitution.

In all cases where the Federation is a party; in

cases involving diplomatic and general consuls

and in any other cases where the Public

Prosecution Office of the Federation should

intervene, the Attorney General shall do so by

himself or through his agents.

The Attorney General of the Republic and his

agents shall be liable for any faults, omissions

Title Three 229

or violations to the Law in which they incur by

cause of their duties.

The duty of legal counsel for Government shall

be in charge of an agency under the President

of the Republic, which shall be established by

the Law for that purpose.

B. The Congress of the Union and the States

Legislatures, within their respective jurisdiction,

shall establish organisms for the protection of

human rights protected by Mexican legal order.

Such organisms shall hear complaints against

administrative actions or omissions by any

authority or public servant infringing these rights,

except for complaints pertaining to the Judicial

Branch of the Federation.

The organisms referred under the previous

paragraph shall produce public recommendations

which shall not be binding, and file accusations

and complaints before the respective authorities.

These organisms shall not have jurisdiction in

electoral, labor and judicial affairs.

230 Political Constitution of the United Mexican States

The organism so established by the Congress

of the Union shall be called National Commission

of Human Rights; it shall have autonomy for its

operations and management of its budget, as well

as its own legal capacity and patrimony.

The National Commission of Human Rights shall

have an Advisory Council composed by ten

councillors who shall be elected by the vote of

two thirds of the members present in the Senate

or, in the adjournments thereof, by the Permanent

Commission of the Congress of the Union, by

the same qualified votes. The Law shall determine

the procedures to be followed by the Senate

for the submission of the proposals. Each year

the two first appointed councillors shall be

replaced in office unless they should be proposed

or ratified for a second period in office.

The President of the National Commission of

Human Rights, who shall also be Chairman of

the Advisory Council, shall be elected in the

same terms as provided under the foregoing

paragraph. He shall hold his office for a period

Title Three 231

of five years and may be reelected for one single

additional term, and may only be removed from

office in accordance with the terms provided

by Title Fourth of this Constitution.

The President of the National Commission of

Human Rights shall annually present to the

Powers of the Union a report of activities, to that

end; he shall appear before the Houses of

Congress in accordance with the terms provided

by the Law.

The National Commission of Human Rights shall

hear complaints against the resolutions or

omissions of its equivalent organisms in the States.

Article 103. The Courts of the Federation shall

decide all disputes concerning:

I. Laws or acts of authority that infringe

constitutional rights;

II. Laws or acts of a Federal authority which abridge

or encroach on the sovereignty of the States or

the jurisdiction of the Federal District; and

232 Political Constitution of the United Mexican States

III. Laws or acts by authorities of the States or of

the Federal District which encroach on the

jurisdiction of Federal authorities.

Article 104. The Federal Courts shall have

jurisdiction over:

I. All civil or criminal disputes arising out of the

application and enforcement of federal laws or

international treaties celebrated by the United

Mexican States. Whenever such disputes should

only affect the interests of private parties,

ordinary Judges and courts of the States or of

the Federal District may hear them, at the choice

of the plaintiff. Judgments of lower courts may

be reviewed by the appeal court standing directly

above the trial court that issued said judgment;

I-B. Reviews filed against final resolutions issued

by the administrative law courts referred under

sections XXIX-H of Article 73 and section IV,

subsection e) of Article 122 of this Constitution,

and only in those cases established by the

laws. These reviews which shall be heard by

Title Three 233

the Collegiate Circuit Courts will be subject to the

review procedures established by the Law

Regulating Articles 103 and 107 of this Constitution

(hereinafter Amparo Law)7 for indirect Amparo

trial, and no further actions or reviews shall be

admissible against resolutions issued therein by

Collegiate Circuit Courts;

II. All disputes pertaining to the law of the sea;

III. Those disputes in which the Federation is a

party;

IV. Those controversies and actions set forth under

Article 105, which shall be exclusively brought

forth before the Nation’s Supreme Court of Justice;

V. Those disputes arising between a State and

one or more residents of another State; and

Amparo Law is written in the Constitution as “Law Regulating Articles 103 and 107 of the Constitution”, it is usually referred to as the Amparo Law and is translated as such to avoid confusion, since this is the only Amparo Law there is. (West III, Thomas L., Spanish English Dictionary of Law and Business, Atlanta, Georgia, Protea Publishing, 1999, p. 153-154). Also see the following notes for an explanation of the Amparo trial.

7

234 Political Constitution of the United Mexican States

VI. All cases involving members of the Diplomatic

and Consular Service.

Article 105. The Nation’s Supreme Court of Justice

shall hear, under the terms set forth by the Law, of

the following matters:

I.- Constitutional controversies, except for the

ones referring to electoral matters and the

previsions of Article 46 of this Constitution,

arising between:

a) The Federation and a State or the Federal

District;

b) The Federation and a Municipality;

c) The President of the Republic and the Congress

of the Union; the President of the Republic and

any of the Houses of the said Congress, or, as the

case may be, the Permanent Commission, acting

as Federal bodies or as bodies of the Federal

District;

d) A State and another one;

e) A State and the Federal District;

Title Three 235

f) The Federal District and a Municipality;

g) Two Municipalities from diverse States;

h) Two Powers of the same State, regarding the

constitutionality of their actions or general

provisions;

i) A State and one of its Municipalities, regarding

the constitutionality of their actions or general

provisions;

j) A State and a Municipality from another State,

regarding the constitutionality of their actions

or general provisions; and

k) Two government bodies of the Federal District,

regarding the constitutionality of their actions

or general provisions.

Whenever controversies should concern general

legal provisions issued by the States or the

Municipalities and contested by the Federation,

or by the Municipalities and contested by the

States, or in the cases in subsections c), h) and

k) hereinbefore, and the resolution issued by

236 Political Constitution of the United Mexican States

the Supreme Court of Justice should declare

them null and void, such resolution shall have

general binding effects when approved by the

vote of a majority of at least eight Justices.

In all other cases, the resolutions of the Supreme

Court of Justice shall have binding effects only

in respect to the parties of the controversy.

II. Actions of unconstitutionality directed to

establish a possible contradiction between a

general legal provision and this Constitution.

Actions of unconstitutionality may be brought

forth, within thirty calendar days immediately

following the date of publication of the contested

provision, by:

a) The equivalent of thirty three percent of the

members of the House of Deputies of Congress

of the Union, against Federal laws or laws of the

Federal District enacted by the Congress of

the Union;

b) The equivalent to thirty three percent of the

members of the Senate, against Federal laws or

Title Three 237

laws of the Federal District, enacted by the

Congress of the Union or against international

treaties celebrated by Mexico;

c) The Attorney General of the Republic, against

Federal, State and Federal District laws, as well

as against international treaties celebrated by

Mexico;

d) The equivalent to thirty three percent of the

members of any of the State Legislative Bodies,

against laws enacted by that same body, and

e) The equivalent of thirty three percent of the

members composing the Assembly of the Federal

District, against laws enacted by said Assembly;

f) Political parties registered with the Federal

Electoral Institute, through their national

directorships, against federal or local electoral

laws; and political parties registered in a State,

through their directorships, exclusively against

electoral laws issued by the legislative body of

the State that granted their registry.

238 Political Constitution of the United Mexican States

g) The National Commission of Human Rights,

against federal and local laws and those of the

Federal District, as well as international treaties

celebrated by the President of the Republic with

the approval of the Senate, which violate the

human rights set forth by this Constitution. Also

the equivalent agencies of human rights’ protection

in the States, against laws delivered by their

Congresses, and the Commission of Human

Rights of the Federal District against laws delivered

by the Assembly.

The only procedure to contest the constitutionality

of electoral laws is the one established in this

Article.

Electoral federal and local laws must be

promulgated and published at least ninety days

before the commencement of the electoral

process that they will regulate, and during

said process there may not be any fundamental

amendments thereto.

The resolutions of the Supreme Court of Justice

may only declare null and void the provisions

Title Three 239

contested, provided that such resolutions are

approved by the vote of a majority of at least

eight Justices.

III. By its own motion or by motion justified

and submitted by the corresponding Unitary

Circuit Court or by the General Attorney of the

Republic, it may hear appeals against decisions

issued by District Judges in proceedings where

the Federation is a party and which so merit it,

in the light of their interest and transcendence.

The resolutions declaring null and void any of the

provisions mentioned under sections I and II of

this Article, shall not have retroactive effect, save

in criminal matters, where general principles and

legal provisions applicable thereto shall govern.

In case of failure to comply with the resolutions

provided under sections I and II of this Article,

the proceedings established in the first two

paragraphs of section XVI of Article 107 of this

Constitution shall be applied, as appropriate.

Article 106. The Judicial Branch of the Federation,

under the terms provided by the respective law,

8

240 Political Constitution of the United Mexican States

shall decide the disputes arising by reason of

jurisdiction between the Courts of the Federation,

between the latter and State Courts or the Courts

of the Federal District, between a State Court and

a Court from another State, or between a State Court

and a Court of the Federal District.

Article 107. All disputes considered under Article

103 shall be subject to the proceedings and formalities

established by the Law, in accordance with the

following bases:

I. The Amparo trial8 must always be initiate at

the instance of the injured party.

Amparo trial: called Juicio de Amparo or Juicio de Garantías is a native Mexican legal institution. It is a constitutional remedy to obtain relief against violation of constitutional civil rights committed by the government or by a court of law. Its purposes are: to preserve the rights and freedoms granted by the Federal Constitution to private persons against executive, legislative and court acts and to preserve Federal, State and local sovereignty in interstate or Federal- State disputes. Relief applies only to the petitioner and the decision serves only as a reference for subsequent cases (and does not have the same force and effect as precedent does under US or British law). There are 2 types of Amparo trial proceedings: (i) Amparo Indirecto (Indirect Amparo trial) tried before Federal District Courts against Federal, State

Title Three 241

II. The Amparo trial shall be always such that it

shall involve only private persons, and it will

be limited to granting them relief and protection

for the specific case concerned in the complaint,

and must refrain from any general declaration

about the Law or act on which the complaint is

based.

In the Amparo trial deficient complaints must

be corrected as provided under the Amparo Law.9

Whenever the acts claimed in the Amparo trial

deprive or may deprive any ejidos or communal

or municipal laws, against regulations issued by the Federal or State Executive branches, against acts of authority committed by Federal, State or municipal government agencies; and (ii) Amparo Directo (Direct Amparo trial), which is tried before Federal Collegiate Circuit Courts against final court decisions that violate the Constitution. In both types of Amparo, the government act contested (acto reclamado) may be subject to a provisional suspension, which is a temporary injunction, upon the filing of the petition, and a permanent injunction (suspensión definitiva) may be issued after a hearing where evidence and legal arguments are presented. The judgment is always directed to the government or court authorities in question and not to the individuals and business or corporate or civil entities which are parties to the proceedings. (Becerra, Javier F., op. cit., Note 3, p. 488) Federal courts must correct deficiencies found in certain complaints, as provided by Amparo Law.

9

242 Political Constitution of the United Mexican States

population center that by law or in fact are

organized as a community, or any ejidatario or

any comunero,10 of their ownership, possession

and enjoyment of their lands, waters, pastures and

woodlands, all evidence that could benefit any

of the aforesaid entities or individuals must be

obtained at the court’s own motion, and any

actions or proceedings deemed necessary to

determine their agrarian rights, as well as the

nature and consequences of the acts claimed

from any authority, must be ordered.

In the Amparo trials referred in the preceding

paragraph, neither dismissal of the suit for

procedural inactivity nor for lapsing of the

proceedings shall be admissible to the detriment

of ejido or communal population centers, or

ejidatarios or comuneros, but either one may be

admissible to their benefit. Whenever any of

the acts claimed should affect the collective rights

of a rural settlement, neither their express

motion for dismissal nor having consented the

10 See Note 19 of Title One.

Title Three 243

act claimed shall be admissible, unless such

motion is determined by the General Assembly

or said consent is granted by the latter.

III. The Amparo trial against acts by judicial,

administrative, or labor courts shall only be

admissible in the following cases:

a) Against those final judgments or awards and

resolutions putting an end to a trial, where no

ordinary review is available to amend or to change

them, whether the grievance should occur

therein or during the course of proceedings,

affecting the petitioner’s defenses so as to

influence the outcome of the judgment; provided

that, in civil causes, the grievance was contested

during the course of proceedings by any ordinary

means for relief provided by the Law and

claimed as a grievance before appellate court,

if it occurred at trial court. These requisites shall

not be required in Amparo trials against judgments

issued in disputes regarding marital status actions

or actions affecting the order and stability of

the family;

244 Political Constitution of the United Mexican States

b) Against acts during a trial which enforcement

would render them impossible to restitute,

whether out of court or after the trial’s conclusion,

upon having exhausted the appropriate remedies;

and

c) Against acts affecting persons who are not

involved in the lawsuit.

IV. In administrative cases, an Amparo trial may

be brought forth also against decisions causing

a grievance which cannot be repaired by any

remedy, court proceeding or any other lawful

means of defense. The exhaustion of such

remedies shall not be necessary whenever the

Law providing them requires more requisites

to obtain an injunction of the act contested11

than those required by the Amparo Law as a

condition therefore.

11 Injunction or stay of execution, as it is used here, is called suspensión del acto reclamado in Mexican law. It is a stay of execution, similar (but not identical) to an injunctive relief in Amparo proceedings whereby the acts of the respondent authority are suspended until a final judgment on the Amparo is reached. (Becerra, Javier F., op. cit., Note 3, P. 743)

Title Three 245

V. The Amparo trial against final judgments or

awards and resolutions putting an end to the

case, whether the grievances have occurred

during the course of proceedings or in the

judgment itself, shall be filed before the

corresponding Collegiate Circuit Court subject

to the territorial distribution set forth in the

Organic Law of the Judicial Branch of the

Federation, in the following cases:

a) In criminal causes, against final judgments

issued by federal, ordinary, or military courts;

b) In administrative cases, whenever private

persons contest any final judgments or decisions

putting an end to the trial, issued by ordinary

or administrative courts, which cannot be

redressed by any remedy, trial or any other

ordinary legal procedure;

c) In civil cases, against any final judgments

issued by Federal courts or in commerce trials,12

12 In Mexico, commercial laws are federal. Nevertheless, both, federal and state judges have jurisdiction over these cases. The plaintiff usually decides the court where she wants to present her suit.

246 Political Constitution of the United Mexican States

whether the authority issuing the judgment be

federal or local, or in suits under ordinary

jurisdiction;

In federal civil cases, judgments may be contested

through an Amparo trial by any of the parties,

even by the Federation in defense of its own

pecuniary interests; and

d) In labor cases, when contesting awards issued

by Federal or Local Conciliation and Arbitration

Boards or by the Federal Conciliation and

Arbitration Board for Government Employees;13

The Supreme Court of Justice by its own motion

or by motion justified and submitted by the

corresponding Collegiate Circuit Court or by

the Attorney General of the Republic, may hear

Direct Amparo trials14 in the light of their interest

and transcendence.

13 In Labor Law, a quasi-administrative court charged with the hearing of a deciding upon, labor, employment, and labor union matters. (Becerra, Javier F., op. cit., Note 3, P. 490)

14 Article 107 of the Constitution presents two types of Amparo trials. The Direct Amparo trial is regulated in section V and the Indirect Amparo trial are regulated in section VII of said Article.

Title Three 247

VI. In the cases provided in the aforesaid

section, the Amparo Law shall set forth the

proceedings and terms that Collegiate Circuit

Courts or the Supreme Court of Justice must

abide by to issue their respective judgments.

VII. The Amparo trial against acts during trial,

outside court and after trial, or those acts affecting

persons who are not involved in the lawsuit,

against laws or against acts by any administrative

authority, shall be filed before the District Judge

under whose jurisdiction is the place where the

contested act is carried out or where such act is

attempted, and its proceedings shall be limited

to the report rendered by the authority, to a

hearing which shall be summoned in the same

court order requiring the report from the

respondent authority. In such hearing the evidence

submitted by the parties shall be admitted, their

allegations shall be heard, and judgment on the

case shall be rendered.

VIII. Appeal for review is admissible against

judgments rendered in Amparo trial proceedings

248 Political Constitution of the United Mexican States

by District Judges or Unitary Circuit Courts. Such

review shall be brought before the Supreme

Court of Justice:

a) When after having contested in an Amparo

trial any federal or local laws, international treaties,

regulations issued by the President of the

Republic in accordance with section I of Article

89 of this Constitution and regulations of local

laws issued by the Governors of the States or

by the Head of Government of the Federal

District, for considering any of them in direct

violation of the Constitution and the issue of

constitutionality is still addressed in the appeal

for review;

b) In the cases set forth under sections II and

III of Article 103 of this Constitution.

The Supreme Court of Justice by its own motion

or by motion justified and submitted by the

corresponding Collegiate Circuit Court or by the

Attorney General of the Republic, may review

those Amparo trial judgments it deems relevant

in the light of their interest and transcendence.

Title Three 249

In any other cases not provided for in the previous

paragraphs, the appeal for review shall be

brought forth before Collegiate Circuit Courts,

whose judgments shall be final and shall not

admit any further review.

IX. The judgments rendered in Direct Amparo

suits issued by Collegiate Circuit Courts shall

not admit any further review, unless they decide

on the unconstitutionality of a law or establish

a direct interpretation of a provision of the

Constitution. In these cases, the Supreme Court

of Justice subject to its own general decrees15

shall decide if a certain judgment implies the

establishment of a significant and transcendent

criterion. Only under these premises shall the

appeal before the Supreme Court of Justice be

admissible, but the subject matter of the case in

review shall be restricted exclusively to decide

issues of a purely constitutional nature.

15 The Supreme Court of Justice in Full Court may issue regulations on several topics such as internal government, jurisdiction and others.

250 Political Constitution of the United Mexican States

X. Contested acts may be subject to injunction16

in the cases and under the terms and guarantees

set forth by the Law, wheretofore, the judge or

magistrate shall take into account the nature of

the alleged violation, the difficulty to compensate

for damages and losses that the petitioner may

suffer if the contested act is executed, and those

which the injunction may cause to third parties

affected17 and to public interest.

Said injunction must be granted in final judgments

in criminal matters when serving notice that an

Amparo trial has been filed. In civil matters, an

injunction will be awarded upon indemnity

bond provided by the petitioner to answer for

damages and losses that such injunction could

16 In the Amparo Law, this type of injunction is called suspensión and it has several effects, among which are: it can function as a Court order directing the Government defendant do not pursue the action on which relief is being sought and maintain the situation as is, until a final resolution is issued on the Amparo trial; it may also be used to obtain a stay of execution. (Becerra, Javier F., op. cit., Note 3; p. 743)

17 Third parties who must be joined in action because their interests would be affected by the decision of the Amparo trial. (Campbell Black, Henry, op. cit., Note 1, p. 714, and Becerra, Javier F., op. cit., Note 3, p. 755)

Title Three 251

cause. Said injunction will be cancelled if the

other party gives bond to insure the reinstallment

of the situation to the state which it would have

had should the Amparo be awarded, and to pay

for resulting damages and losses.

XI. The injunction shall be requested from the

respondent authority,18 in the case Direct

Amparo trials brought forth before Collegiate

Circuit Courts, and the respondent authority

shall decide the issue. In any case, the petitioner

must file the Amparo trial before the respondent

authority, attaching copies of the petition for

the other parties in the suit, including the Public

Prosecutor and one for the court file. In all other

cases, the District Courts or Unitary Circuit

Courts shall hear and decide on the injunction.

XII. Violations to the constitutional rights

provided under Articles 16, in criminal matters,

18 Respondent authority is the authority against whom an Amparo trial was filed, the government defendant held responsible for an unconstitutionally action. (West III, Thomas L., op. cit., Note 28, p. 40).

252 Political Constitution of the United Mexican States

and 19 and 20, shall be claimed before the appeal

court standing directly above the trial court

that committed the violation, or before the

corresponding District Judge or Unitary Circuit

Court, and in either case, the judgments rendered

may be reviewed as provided under section VIII.

Should the District Judge or the Unitary Circuit

Court not reside in the same place of the

respondent authority, the Law shall establish

the court or the judge before whom the Amparo

trial must be brought forth who may grant a

provisional injunction of the contested act, in

the cases and terms set forth by law.

XIII. Whenever Collegiate Circuit Courts should

hold contradictory judgments in Amparo trials

within their jurisdiction, the Justices of the

Supreme Court of Justice, the Attorney General

of the Republic, the aforesaid Courts or the

parties that intervened in the trials where said

judgments were held, may denounce the

contradiction to the Supreme Court of Justice,

so that the latter in Full Court or the respective

Title Three 253

Chamber, as appropriate, may decide the judgment

that must prevail as binding judicial precedent.

When the Chambers of the Supreme Court of

Justice should hold contradictory judgments in

the Amparo trials heard under their jurisdiction,

any one of said Chambers or the Attorney General

of the Republic, or the parties who intervened

in the trials where said judgments were held,

may denounce the contradiction to the Supreme

Court of Justice, who acting in Full Court, shall

decide which judgment shall prevail.

The resolution rendered by the Chambers of the

Supreme Court of Justice or by the latter acting

in Full Court, in the cases provided under the

two previous paragraphs, shall only be effective

for the purpose of establishing binding judicial

precedents and shall not affect the specific legal

situation arising from the judgments rendered

in trials where the contradiction occurred, and

XIV. Save for the provisions in the last paragraph

of section II of this Article, the Amparo trial shall

be dismissed or the lapsing of the proceedings

254 Political Constitution of the United Mexican States

for procedural inactivity of the petitioner or the

appellant, respectively, in cases where the

contested act is of a civil or of an administrative

nature, and in accordance with the terms set

forth by the Amparo Law. The lapsing of the

proceedings in Amparo trial shall render final

and conclusive the judgment under review.

XV. The General Attorney of the Republic or a

Federal Public Prosecutor appointed by the

former for that purpose, shall be a party in all

Amparo suits; but they may abstain from

intervening thereon, whenever the case in

question should, in their opinion, lack public

interest.

XVI. If the Amparo trial has been granted and

the respondent authority should insist in repeating

the contested act or if it should try to avoid the

judgment issued by the Federal authority, and

should the Supreme Court of Justice consider

that such failure to comply is inexcusable, said

authority shall immediately be separated from

office and brought to trial before the appropriate

Title Three 255

District Judge. Should such failure to comply

be excusable, upon rendering a previous

declaration of failure to comply or repetition of

the contested act, the Supreme Court shall

require compliance from the respondent authority

and shall grant it a prudent term to comply with

the judgment. Should said authority not comply

with the judgment within the term granted

theretofore, the Supreme Court of Justice shall

act in accordance with the terms set forth

hereinbefore.

Whenever the nature of the act should permit

it, the Supreme Court of Justice, once it has

determined failure to comply or repetition of

the contested act, may decide on its own motion

to substitute the enforcement of the Amparo

judgment, when its execution should seriously

affect society or third parties in a larger

proportion than the economic benefits that the

petitioner would obtain. Likewise, the petitioner

may request from the appropriate body, to

substitute the enforcement of the Amparo

256 Political Constitution of the United Mexican States

judgment whenever the nature of the act should

permit it.

The lack of procedural activity or of motions

by an interested party, in procedures pursuing

the enforcement of Amparo judgments, shall

lead to the lapsing of the proceedings as provided

by the Amparo Law.

XVII. The respondent authority shall be accused

and brought forth before the appropriate authority,

whenever it should not comply with the

injunction of the contested act having the duty

to do so, and whenever it should admit an

insufficient or false bond, in these two last cases,

the authority shall be jointly liable with the

person offering the bond and with the one

providing it.

XVIII. (Repealed).

TITLE FOUR The liabilities of public officers

Article 108. For the purpose of the liabilities to

which this Title refers, representatives by popular

election, members of the Judicial Branch of the

Federation and of the Judicial Branch of the Federal

District, officers and employees, and in general any

individual holding an office, an employment or a

commission of whatever nature in the Congress of

the Union, the Assembly of the Federal District

or the Federal Public Administration or in the

Federal District, as well as the employees of those

entities to which this Constitution has granted

autonomy, shall be considered public officers, and

they shall be liable for any actions or omissions in

which they incur in the performance of their

respective duties.

257

258 Political Constitution of the United Mexican States

The President of the Republic, during his term in

office, may be impeached only for treason against

the United Mexican States and high crimes under

ordinary jurisdiction.

Governors of States, Deputies of State Legislatures,

Magistrates of Superior Courts of Justice of the States

and, as appropriate, the members of the Judicial

Councils of the States, shall be liable for violations

to this Constitution and to Federal laws, as well as

for improper handling of Federal funds and

resources.

The Constitutions of the States shall specify, in the

same terms as the first paragraph of this Article

and for the purpose of liabilities, the nature of

public officers of those individuals holding an

office, employment, or a commission in the States

and the Municipalities.

Article 109. The Congress of the Union and the

State Legislatures, within the scope of their

respective jurisdictions, shall enact liability laws

for public officers, and any other provisions aiming

Title Four 259

to punish public officers who incur in liabilities

according to the following provisions:

I. The penalties established in Article 110 shall

be imposed through impeachment proceedings

to those public officers referred in said Article,

should they incur in actions or omissions in the

performance of their duties, affecting fundamental

public interests or the proper discharge of their

duties in office.

Impeachment proceedings are not admissible

just for the sole expression of ideas.

II. The commission of a crime by any public officer

shall be prosecuted and punished in accordance

with criminal law; and

III. Administrative penalties shall be imposed

on public officers for actions or omissions affecting

the legality, honesty, loyalty, impartiality and

efficiency by which they must abide in the

performance of their employments, offices or

commissions.

260 Political Constitution of the United Mexican States

Procedures to impose the penalties mentioned shall

be carried out independently. Penalties of the same

nature may not be imposed twice for the same act.

The laws shall establish the cases and circumstances

where criminal penalties shall be imposed for unjust

enrichment, to those public officers who during

their term in office, or by reason thereof, by

themselves or through third parties, substantially

increase their estate, acquire assets or act as owners

of such assets, when they cannot justify their licit

origin. Criminal laws shall punish such behaviour

with the seizure and forfeiture of ownership over

said assets, besides any other applicable penalties.

Any citizen, under his strictest responsibility and

by submitting the evidence of the case, may press

charges before the House of Deputies of the Congress

of the Union in respect to the acts referred in this

Article.

Article 110. The following offices may be subject

to impeachment: Senators and congressmen to the

Congress of the Union, Justices of the Nation’s

Title Four 261

Supreme Court of Justice, Councilors of the Federal

Judicial Council, State Secretaries, Representatives

of the Assembly of the Federal District, the Head of

Government of the Federal District, the Attorney

General of the Republic, the Attorney General of

the Federal District, Circuit Magistrates and District

Judges, Magistrates and Judges of the Federal

District, Councilors of the Judicial Council of the

Federal District, the Chairman Councilor, the

Electoral Councilors and the Secretary of the

Federal Electoral Institute, the Magistrates of the

Electoral Tribunal, the general managers and their

equivalents in decentralized agencies and

Government controlled corporations, and other

associations assimilated to the latter and public

trusts.

State Governors, Deputies of the State Legislatures,

Magistrates of Superior Courts of Justice of the

States, and if applicable, members of the Judicial

Councils of the States, may only be subject to

impeachment according to the terms provided in

this Title for serious violations to the Constitution

and to Federal laws enacted in pursuance thereof,

262 Political Constitution of the United Mexican States

as well as for unlawful management of Federal

funds and resources, but in this case the decision

shall be only a declaratory resolution which shall

be communicated to the State Legislatures, so that

they may take appropriate actions in accordance

with their respective faculties.

The penalties that shall apply will be removal from

public office, disqualification to perform any public

functions, or hold any public offices, employments

or commissions of whatever nature.

To enforce the penalties provided herein, the House

of Deputies shall submit the respective accusation

before the Senate, after previous declaration by an

absolute majority of the members present in the

session of said House, after carrying out the respective

procedure and hearing the accused officer.

The Senate setting itself as grand jury, shall hear

the accusation, and shall impose the corresponding

penalties in a resolution approved by the vote of

two thirds of its members present in the session,

once the corresponding procedures have been

Title Four 263

carried out and after having heard the accused

officer.

The declarations and resolutions of the House of

Deputies and the Senate are final.

Article 111. To press criminal charges against

deputies and senators of the Congress of the Union,

Justices of the Nation’s Supreme Court of Justice,

Magistrates of the Superior Chamber of the

Electoral Tribunal, Councilors of the Federal Judicial

Council, State Secretaries, Representatives to the

Assembly of the Federal District, the Head of

Government of the Federal District, the Attorney

General of the Republic, and the Attorney General

of the Federal District, as well as Chairman Councilor

and the Electoral Councilors of the General Council

of the Federal Electoral Institute, for the commission

of crimes during their term in office, the House of

Deputies shall declare by an absolute majority

whether there are or there are not grounds to proceed

against the accused.

If the resolution of the House were negative, no

further action shall be taken, but that shall not

264 Political Constitution of the United Mexican States

prevent the imputation for the commission of a

crime to continue its course when the accused

public officer should have concluded his term in

office, since such resolution does not prejudge in

respect to the grounds of the imputation.

Should the House declare there are grounds to

proceed against the accused, the individual shall

be placed at the disposition of the corresponding

competent authorities so that they may act in

accordance with the Law.

In regards to the President of the Republic, he can

only be impeached before the Senate subject to

the terms provided by Article 110. In this case, the

Senate shall decide on the grounds of the applicable

criminal legislation.

To press charges for federal crimes against Governors

of the States, deputies of the States Legislatures,

Magistrates of the Superior Courts of Justice of the

States and, if applicable, against the members of

the Judicial Councils of the States, the same

procedure established in this Article shall be

followed, but in this case, the declaration stating

Title Four 265

there are grounds to proceed against the accused

shall be issued with the purpose of communicating

the decision to State Legislatures so that in exercise

of their powers, they may take any appropriate

actions.

The declarations and resolutions of the Houses of

Deputies and of the Senate are incontestable.

The effects of the declaration stating there are

grounds to proceed against the accused shall be

his removal from office while he is subject to criminal

proceedings. Should such proceedings end with

an acquittal the alleged culprit may resume the

exercise of his office. Should there be a conviction

for a crime committed while holding office, pardon

shall not be granted to the convict.

A declaration stating there are grounds to proceed

against a public officer shall not be required in civil

law actions.

Criminal penalties shall be applied in accordance

with the provisions of criminal legislation and in

the case of crimes where the perpetrator obtains

an economic gain or causes pecuniary damages or

266 Political Constitution of the United Mexican States

losses, they shall be graduated in accordance with

the gains obtained and with the requirements to

repair said damages and losses caused by his

unlawful conduct.

Economic penalties may not exceed three times

the amount of gains obtained or the damages or

losses caused.

Article 112. A declaration stating there are grounds

to proceed against a public officer shall not be

required from the House of Deputies whenever

any of the public officers referred in the first paragraph

of Article 111, should commit a crime during the

term he is not holding office.

Once a public officer has returned to perform the

duties of his office or has been appointed or elected

to hold a different office, but one of those enlisted

under Article 111, the actions taken shall be in

accordance with the provisions established in said

Article.

Article 113. The laws on administrat ive

responsibilities of public officers, shall establish

their obligations so as to safeguard the legality,

Title Four 267

honesty, loyalty, impartiality and efficiency in the

performance of their functions, employments,

offices and commissions; the applicable penalties

for actions or omissions in which said officers

should incur, as well as the procedures and the

authorities to apply such laws. Said penalties,

besides the ones set forth by the laws, shall be

suspension, removal and disqualification, as well

as pecuniary penalties, and they shall be applied

in accordance with the economic gains obtained

by the public officer liable and for the pecuniary

damages and losses caused by his actions or

omissions, as set forth under section III of Article

109, but which may not exceed of three times the

amount of the gains obtained or of the damages

and losses caused.

The State’s responsibility for damages caused to

the property or rights of private persons, by reason

of its irregular administrative activities, will be

considered direct and strict responsibility. Private

persons shall be entitled to an indemnification

according to the bases, limitations and procedures

established by the laws.

268 Political Constitution of the United Mexican States

Article 114. The impeachment procedure may only

be initiated during the term in which the public

officer holds office and within the next following

year. The corresponding penalties shall be applied

within a period no to exceed one year from the

date the procedure started.

Liability for crimes committed during the term in

office by any public officer shall be enforceable

in accordance with the terms of the statute of

limitations of criminal law, which may never be

inferior to three years. The terms of the statute of

limitations shall be interrupted while the public

officer holds any of the offices referred under

Article 111.

The Law shall set forth the cases where the statute

of limitations shall be applied to administrative

liability, taking into account the nature and

consequences of the acts and omissions established

in section III of Article 109. Whenever such acts or

omissions were of a serious nature, the term of the

statute of limitations shall not be inferior to three

years.

TITLE FIVE The States of the Federation and the Federal District

Article 115. The States shall adopt for their internal

government, the popular representative and

republican form of government, having as the basis

of their territorial division and political and

administrative organization the Free Municipality,

in accordance to the following principles:

I. Each Municipality shall be governed by a

Municipal Council whose members shall be

chosen trough direct election by the people; it

shall be composed of a Major and the number

of Councilmen and legal representatives

established by the Law. The jurisdiction that this

Constitution grants to Municipal government

shall be exercised by the Municipal Council

exclusively and there shall be no intermediate

269

270 Political Constitution of the United Mexican States

authority between the latter and the government

of the State.

Majors, legal representatives and councilmen of

Municipal Councils elected trough direct

election by the people, may not be reelected

for the next term. The individuals who by indirect

election or by appointment of a certain authority,

perform duties corresponding to said offices,

no matter how they are called, may not be elected

for the next term. All the officers previously

mentioned, if they shall be incumbents, they

cannot be elected for the next term as alternate

ones, but the individuals who have been

alternate may be elected for the next term as

incumbents unless they have exercised the

duties of the office.

State Legislatures by resolution of two thirds of

their members may suspend Municipal Councils,

declare that said councils have disappeared and

suspend or revoke the powers of any of its

members, for any of the serious causes set forth

in State law, provided that its members have

Title Five 271

had sufficient opportunity to submit evidence

and to submit the arguments they should deem

most convenient.

If any of the members should cease to carry

out his duties, he shall be replaced by his

alternate or action shall be taken in accordance

with the Law.

In the event that Municipal Council should be

declared dissolved, by cause of resignations or

by the absolute absence of the majority of its

members, if according to the Law it is not

admissible for the alternates to take office, nor to

summon to new elections, the State Legislatures

shall designate from among the residents, the

Municipal Board that shall serve until the end

of the respective terms. Such Municipal Boards

shall be constituted by the number of members

set forth by the Law and must have the

qualifications to be eligible which are set forth

for councilmen;

II. The Municipalities shall be vested with legal

capacity and shall handle their own estate as

provided by the Law.

272 Political Constitution of the United Mexican States

Municipal Councils shall have powers to approve,

according to the laws on municipal affairs which

the State Legislatures must enact, the police and

government ordinances, administrative orders

and provisions of general observance within

their respective jurisdiction, which shall organize

public municipal administration, regulate

municipal affairs, procedures, public functions

and public services under their jurisdiction and

which shall assure the participation of citizens

and residents.

The purpose of the laws referred under the

foregoing paragraph shall be to establish:

a) The general bases for Municipal public

administration and administrative procedure,

including review procedures and bodies to decide

disputes between said administration and private

persons, subject to the principles of equality,

publicity, due process and legality;

b) Cases requiring agreement of two thirds of

Municipal Council members, in order to issue

resolutions affecting Municipal real estate

Title Five 273

property and to execute acts or agreements

which are binding for the Municipality for a larger

term than the term of Municipal Council;

c) General provisions to execute the agreements

set forth under sections III and IV of this Article

as well as in the second paragraph of section

VII of Article 116 of this Constitution;

d) The procedure and conditions for the State

government to take upon itself a duty or service

that is attributed to the Municipal Council when,

not having the corresponding agreement, the

State Legislature should consider that it is not

possible for the Municipality to perform them

or provide them. In this case, it shall be necessary

a previous request from the respective Municipal

Council, approved by at least two thirds of its

members; and

e) Applicable provisions in those Municipalities

which do not have the corresponding government

ordinances or regulations.

State Legislatures shall issue the provisions

establishing the proceedings to solve the

274 Political Constitution of the United Mexican States

conflicts arising between the Municipalities and

the State government or between Municipalities

themselves, by cause of actions resulting from

the premises under subsections c) and d)

hereinbefore;

III. The Municipalities shall be in charge of the

following duties and public services:

a) Drinking water, drainage, sewage, treatment

and disposal of waste water;

b) Street lightning;

c) Cleaning, collection, transfer, treatment and

final disposal of solid waste;

d) Markets and supply centers;

e) Cemeteries;

f) Slaughterhouses;

g) Streets, parks and gardens and their furnishings;

h) Public security, in the terms set forth by Article

21 of this Constitution, Municipal and traffic police;

and

Title Five 275

i) Any other that State Legislatures shall establish

in accordance with the social, economic and

territorial conditions of the Municipalities, as

well as with their administrative and financial

capacity.

Regardless of their constitutional jurisdiction, in

the discharge of their duties or the provision of

the services entrusted to them, the Municipalities

shall abide by the provisions of Federal and

State laws.

The Municipalities, upon previous agreement,

between their Municipal Councils, may coordinate

among themselves and associate in order to

provide more efficient public services or to

perform their corresponding duties in a better

manner. In this case and in the event of an

association of Municipalities from two or more

States, such Municipalities must have the

approval of their respective States Legislatures.

Likewise, when the respective Municipal Council

should consider it necessary, it may execute

agreements with the State so that the latter, in a

276 Political Constitution of the United Mexican States

direct manner or through the corresponding

body, shall take care in a temporary manner, of

some of the aforementioned duties and public

services, or so that they may be provided or

performed in a coordinated manner by the State

and the Municipality itself;

Indigenous communities within the Municipal

scope may coordinate and establish associations

under the terms and for the purposes set forth

by the Law.

IV. Municipalities shall freely administer their

treasuries, which shall be composed with the

revenues of the estates that they own, as well

as with such taxes and government charges and

any other income that the Legislatures should

establish to their benefit and in any case:

a) They shall receive such taxes and duties,

including additional rates, which the State shall

establish on real estate property, on its division,

consolidation, transfer and improvement, as well

as any others that result from a change in the

value of real estate property.

Title Five 277

Municipalities may celebrate agreements with

the State so that the latter may perform certain

functions related with the management of such

taxes and government charges.

b) The Federal grants which shall be covered

to Municipalities by the Federation, in accordance

with the bases, amounts, and terms which are

annually established by the States Legislatures.

c) Income from public services in charge of the

Municipality.

Federal laws shall not restrict the powers of the

States to establish those taxes and government

charges provided under subsections a) and c),

nor shall they grant exemptions in relation to

thereof. State laws shall not establish exemptions

or subsidies in favor of any person or institution

in respect to said taxes and government charges.

Only the property of the Federation, the States

or the Municipalities considered as public domain,

shall be exempt, unless they are used by

decentralized agencies or Government controlled

corporations or by private persons under any

278 Political Constitution of the United Mexican States

title, for administrative purposes or for purposes

different than their public object.

The Municipalities, within the scope of their

jurisdiction, shall propose to the State Legislatures

the quotas and rates applicable to taxes, duties,

public works taxes, and cadastral catalogue of

land and constructions values, used as the basis

for taxes and government charges on real estate

property.

The State Legislatures shall approve the

Municipalities’ income laws, check and audit

their public accounts. The expenditure budgets

shall be approved by the Municipal Councils,

having as a base the available income. The

expenditure budgets shall include each of the

tabulators of the remunerations proposed for

the Municipal public officers, being subjected

to that which article 27 of this Constitution

establishes.

The resources constituting the Municipal

treasury shall be applied by Municipal Councils

or by whoever they shall authorize, in accordance

with the Law.

Title Five 279

V. Municipalities, under the terms provided by

their respective Federal and States laws, shall

have the powers to:

a) Prepare, approve and administer the urban

municipal development plan and municipal

zoning;

b) To participate in the creation and management

of their territorial reserves;

c) To participate in the creation of regional

development plans which must be in accordance

with the general plans on the subject matter.

Whenever the Federation or the States should

make regional development projects they must

assure the Municipalities’ participation;

d) To authorize, control and supervise the

régime applicable to the use of land, within the

scope of its jurisdictions and within its territory;

e) To intervene in the legalization of urban land

tenure;

f) To grant construction permits and licenses;

280 Political Constitution of the United Mexican States

g) To participate in the creation and management

of natural preserve areas, and to prepare and

apply programs to regulate and organize these

issues;

h) To intervene in the preparation and application

of programs for public transportation of

passengers when these affect the scope of their

territory; and

i) To enter into agreements to administrate and

guard federal zones.

In all applicable matters and in accordance with

the purposes set forth in paragraph third of

Article 27 of this Constitution, they shall issue

any necessary regulations and administrative

provisions.

VI. Whenever two or more urban centers located

in the Municipal territories from two or more

States, should constitute or tend to constitute a

demographic continuity, the Federation, the

respective States and the Municipalities, within

the scope of their respective jurisdictions, shall

Title Five 281

plan and regulate in a joint and coordinated

manner, the development of said centers in

accordance with provisions of the Federal law

on the subject matter.

VII. Preventive police shall be commanded by

the Town Hall according to the local Law of

Public Safety. Said police shall obey any order

given by the Governor in case of force majeure

or serious public disturbances.

The President of the Republic shall have command

of public forces in the places where he resides

regularly or temporarily;

VIII. State laws shall introduce the principle of

proportional representation in the election of the

Municipal Councils of all the Municipalities.

Labor relationships between the Municipalities

and their workers, shall be governed by the laws

issued by the State Legislatures on the grounds

of the provis ions of Art ic le 123 of this

Constitution and its regulatory provisions;

282 Political Constitution of the United Mexican States

IX. (Repealed).

X. (Repealed).

Article 116. The States’ government Power is

divided for its exercise into Executive, Legislative

and Judicial. Two or more of these Powers may not

be united in one single person or corporation, nor

shall the Legislative Branch be vested in one single

individual.

The Branches of the States shall be organized in

accordance with the Constitution of each of them,

subject to the following provisions:

I. State Governors may not remain in office for

more than six years.

The election of State Governors and of the

members of State Legislatures shall be direct and

subject to the terms provided by their respective

electoral laws.

State Governors, who have been chosen by

regular or extraordinary election by the people,

may never in any case, hold said office again

Title Five 283

not even as interims, provisional, alternates or

acting governors.

The following persons may never be elected

for the subsequent term:

a) The Alternate Constitutional Governor, or the

person appointed to conclude the term in the case

of absolute absence of the Constitutional

Governor, even if the title of office has a different

name;

b) The Interim Governor, the Provisional Governor

or the citizen, who under any denomination,

should fill the temporary absences of the

Governor, if he has discharged the duties of

Governor during the last two years of the term.

Only a Mexican citizen by birth and native of the

respective State, or a person who has effectively

resided in such State for no less than five years

immediately before the day of the election, and

to be at least 30 years old at that time, if such

requirement is set forth by the Constitution of the

respective State, may be Constitutional Governor.

284 Political Constitution of the United Mexican States

II. The number of representatives of the States

Legislatures shall be proportional to the number

of residents of each State. In any case, there may

not be less than seven deputies in States whose

population is less than 400,000 inhabitants; nine

in States whose population exceeds this number

but has not reached 800,000 inhabitants; and

eleven in States whose population exceeds

800,000.

Deputies to State Legislatures may not be reelected

for the subsequent term. Alternates may be

elected as incumbents for the subsequent term,

provided they have not held office, but

incumbents may not be elected as alternates for

the subsequent term.

State Legislatures shall be composed by deputies

elected according to the principles of relative

majority and proportional representation, subject

to the terms provided by their laws.

The annual budget approval corresponds to the

State legislatures. The establishment of the

remunerations to be perceived by public officers

Title Five 285

shall be subjected to the bases established in

article 127 of this Constitution.

The Legislative, Executive and Judicial Branches,

as well as organisms with a constitutionally

recognized autonomy that use resources from

the Expenditures Budget, shall include in their

budget projects each of the tabulators of the

remunerations proposed for their public officers.

These proposals shall observe the procedure

that has been established for the budget approval

in section IV of article 74 of this Constitution

and other applicable laws.

The Congresses of the States shall have Supervising

Entities which shall have technical and operative

autonomy to exercise their powers and to decide

about their internal organization, functioning

and resolutions, as provided by their Laws. The

supervising function shall be developed according

to the principles of posteriority, annuity, legality,

impartiality and reliability.

The Head of the Supervising Entity of the States

shall be elected by two thirds of the individuals

286 Political Constitution of the United Mexican States

present in the local Congresses, to serve no less

than seven years, and he should have five years

experience in matters of control, financial auditing

and liabilities.

III. The Judicial Branch of the States shall be

exercised by the Courts established in their

respective Constitutions.

The independence of Magistrates and Judges in

the performance of their duties must be assured

by the Constitutions and the Organic Laws of

the States, which shall establish the qualifications

for admission, training and permanence of the

individuals serving in the State Judicial Branches.

Magistrates composing the State Judicial Branches

must comply with the qualifications set forth by

sections I to V of Article 95 of this Constitution.

Individuals who have held the office of Secretary

or its equivalent, Attorney General or deputy to

the State Legislature in their respective States

during the year immediately previous to the date

of the appointment, may not hold the office of

Magistrate.

Title Five 287

The appointments of Magistrates and Judges

composing the State Judicial Branches shall

preferably fall on those individuals who have

served efficiently and honestly in the judiciary

or upon those who deserve it for their honorability,

competence and background in other branches

of the legal profession.

Magistrates shall hold their office for the term

set forth in the State Constitutions. They may

be reelected and in such event, they may only be

removed from office in accordance with the

terms set forth by the Constitutions and laws of

liabilities of public officers of the States.

Magistrates and Judges shall receive an adequate

and non waivable remuneration which may not

be reduced during their term in office.

IV. In electoral affairs the Constitutions and the

laws of the States shall guarantee that:

a) The elections for State Governors, for members

of State Legislatures and for members of Municipal

Councils shall take place by free, secret and

288 Political Constitution of the United Mexican States

direct elections; the election day shall take place

on the first Sunday of July of the correspondent

year. The States whose elections are celebrated

on the year of the federal elections and do not

coincide on the same date of the federal election,

shall not be obligated by the latter disposition;

b) Electoral officers shall carry out their duties

in accordance with the principles of legality,

impart ia l i ty , object iv i ty , cer ta inty and

independence;

c) The authorities in charge of organizing elections

and judicial authorities deciding the disputes

thereof shall enjoy autonomy in the exercise

of their functions and independence in their

decisions;

d) The competent electoral authorities of

administrative type can agree with the Federal

Electoral Institute so that this entity organizes

the local electoral processes;

e) The political parties can only be composed

by citizens without the intervention of guild

Title Five 289

organizations, or with a different corporate

purpose and without a corporative affiliation.

Also that they have the exclusive right to request

the registry of candidates to popular election

offices, with the exception of the prevision of

Article 2, paragraph A, sections III and VII of this

Constitution.

f) The electoral authorities can only intervene

in the internal affaires of the parties in the terms

expressly pointed out by them;

g) The parties receive equitably public funds

for their permanent ordinary activities and those

necessary to obtain the public vote during the

elections. And to establish the procedure to

terminate the parties who loose their registration

and the destination of their assets and remnants.

h) The establishment of criteria to determine

the limitations to political parties’ campaign

expenditures for elections, as well as the maximum

amounts allowed for monetary contributions

from their sympathizers, whose total sum shall

290 Political Constitution of the United Mexican States

not exceed the ten per cent of the maximum

campaign expenditures determined for the election

of Governors; the procedures to control and

supervise the origin and use of political parties’

resources; and to see that penalties are established

for failure to comply with the provisions issued

in reference to this matter;

i) The political parties have access to radio and

television, according to the rules established by

Article 41, paragraph B, Third Basis of this

Constitution.

j) To set regulations for the electoral campaigns

and pre-campaigns of the political parties, as

well as the penalties for those who violate them.

In any case, the campaigns shall last no longer

than ninety days for the election of Governor,

nor sixty days when only local deputies and

municipal governments are elected; pre-campaigns

shall not last more then two thirds of the respective

electoral campaigns.

k) Mandatory basis for the coordination between

the Federal Electoral Institute and the local

Title Five 291

electoral authorities on supervising the political

parties’ finances are set according to the last

two sections of Article 41, Fifth Basis of this

Constitution.

l) An impugnation system is established so that

all electoral acts and resolutions are invariably

subjected to the principle of legality. Also to

specify the assumptions and regulations to carry

out total or partial recounts of the voting on

the administrative and jurisdictional scopes;

m) That causes of nullity for the election of

Governor, local Deputies and Municipal

Governments be established, as well as the terms

to accomplish every impugning instance, taking

into account the principle of definitiveness of

the different stages of the electoral processes, and

n) That crimes are categorized and misdemeanors

determined in electoral matter, as well as the

penalties to be imposed because of them.

V. The State Constitutions and laws may institute

administrative courts, vesting them with full

292 Political Constitution of the United Mexican States

autonomy to issue their judgments. These courts

shall be in charge of deciding the disputes between

State Administration and private persons,

establishing the provisions for their organization

and operation, the proceedings as well as the

remedies against their resolutions.

VI. Labor relationships between the States and

their workers shall be governed by the laws

enacted by State Legislatures under the grounds

of Article 123 of the Political Constitution of

the United Mexican States and its regulatory

provisions.

VII. The Federation and the States, subject to

the Law, may celebrate agreements where a State

takes upon itself the exercise of certain functions

of the Federation, such as the undertaking and

performance of works and the rendering of public

services, whenever social and economic

development so require it.1

The text of the constitution in this section is not clear. Consequently its translation is not literal. It attempts to represent the purpose and meaning of said provision.

1

Title Five 293

The States shall be empowered to celebrate said

agreements with their Municipalities so that the

latter may assume the provision of public services

or the exercise of the functions referred under

the preceding paragraph.

Article 117. In no case shall the States:

I. Celebrate alliances, treaties or coalitions with

any other States or with foreign powers;

II. (Repealed).

III. Coin money, issue paper money, stamps or

stamped paper.

IV. Levy duties on persons or goods passing

through their territory.

V. Prohibit or directly or indirectly levy duties

upon the entrance or exit into or from their

territory of any domestic or foreign goods.

VI. Tax the consumption or circulation of

domestic or foreign goods, by imposing taxes

or duties, to be collected by local customhouses

or subject to inspection or registration of said

294 Political Constitution of the United Mexican States

merchandise or require it to be accompanied

by documents.

VII. Enact or maintain in force tax provisions

or laws which impose different duties or

requirements between merchandise, foreign

or domestic, by reason of their origin, whether

this difference is established in respect to similar

local products or between similar products of

different origin.

VIII. To directly or indirectly contract liabilities

or loans with governments of other nations or

with foreign corporations or private persons

or whenever the payments thereof must be made

in foreign currency or outside national land

territory.

States and Municipalities may not contract neither

liabilities nor loans, except when these are

intended for productive public investments. This

provision also applies to the loans and liabilities

contracted by decentral ized agencies or

government controlled corporations. All such

loans and liabilities agreements must abide by

Title Five 295

the bases established by the Legislatures through

laws, for the items and only up to the amounts

annually set forth in their respective budgets.

Governors shall report on the exercise of such

loans when submitting the public account.

IX. To levy duties on the production, storage,

or sale of tobacco leaves, in a different manner

or with greater quotas than those authorized

by the Congress of the Union.

The Congress of the Union and State Legislatures

shall enact laws intended to combat alcoholism.

Article 118. Nor shall the States without the

consent of the Congress of the Union:

I. Establish tonnage dues or any other port

charges or levy duties or taxes on imports or

exports.

II. Have, at any time, permanent troops or

warships.

III. Make war on its own behalf against any foreign

power, except in cases of invasion and of danger

so imminent that it requires immediate action.

296 Political Constitution of the United Mexican States

In such cases, notice shall immediately be given

to the President of the Republic.

Article 119. The Powers of the Union have the

duty to protect the States against any invasion or

violence from abroad. In case of domestic upheaval

or disturbances, they shall provide the same

protection, provided it is solicited by the State

Legislature or by the Governor thereof, should

the Legislature not be in session.

Each State and the Federal District have the duty

to deliver without delay the suspects, defendants

or convicted individuals in criminal procedures, as

well as to carry out seizures and to deliver any

objects, instruments or product of a crime, assisting

the authorities of any other State which should

require it. These procedures shall be carried out

with the intervention of the respective offices of

the Attorneys Generals of the States, in accordance

with the terms provided by the cooperation

agreements celebrated between the States to that

end. For those same purposes, the States and the

Federal District may celebrate cooperation agreements

Title Five 297

with the Federal Government, who shall act through

the Office of the Attorney General of the Republic.

Extraditions requested by a foreign State shall be

processed by the President of the Republic, with

the intervention of judicial authorities as provided

in this Constitution, in international treaties celebrated

theretofore and in Laws. In such cases, the ruling

of the judge ordering to comply with the request

shall be sufficient cause to detain the individual

for up to sixty calendar days.

Article 120. State Governors are required to publish

and enforce federal laws.

Article 121. Complete faith and credit shall be given

in each State to the public acts, records and judicial

proceedings of all the other States. The Congress

of the Union, through general laws, shall establish

the manner for proving such acts, records and

proceedings and their effect, subject to the

following bases:

I. The laws of a State shall have effect only within

its own territory and consequently are not binding

outside of that State;

298 Political Constitution of the United Mexican States

II. Real and personal property shall be governed

by the laws of the place of their location;

III. Judgments pronounced by the Courts of one

State in respect to rights in rem or real estate

property located in another State, may only be

enforced in the other State when its own laws

so provide it.

Judgments in respect to rights in personam shall

only be enforced in another State when the

defendant who has lost has explicitly or by

reason of domicile, submitted himself to the

jurisdiction of the courts that issued such judgment

and provided that he was summoned to appear

in court by notice served in person;

IV. Acts pertaining to marital status according to

the laws of one State shall be valid in the other

States;

V. Professional degree certificates issued by the

authorities of one State, subject to its laws, shall

be respected in all other States.

Article 122. Article 44 of this Constitution has

established the legal nature of the Federal District;

Title Five 299

whose government is entrusted to Federal Powers,

and to the Executive, Legislative and Judicial Local

organs, according to the terms set forth by this

Article.

The local authorities of the Federal District are:

the Assembly, the Head of Government and the

Superior Court of Justice of the Federal District.

The Assembly of the Federal District shall be

composed with the number of deputies elected

according to the principles of relative majority and

proportional representation, through the system of

lists of multi-member election districts, in accordance

with the terms provided by this Constitution and

the Statute of Government.

The Head of Government of the Federal District

shall be in charge of the Executive function and the

public administration of the Federal District. This

office shall be entrusted to one single individual

elected by general, free, direct and secret vote.

The Superior Court of Justice of the Federal District

and the Judicial Council, along with the other bodies

300 Political Constitution of the United Mexican States

established by the Statute of Government shall

perform the judicial function for the Federal District’s

ordinary jurisdiction.

The distribution of jurisdictions between the Powers

of the Union and the local authorities of the Federal

District shall be subject to the following provisions:

A. It pertains to the Congress of the Union:

I. To legislate in all subject matters relative to the

Federal District, except for those matters explicitly

conferred to the Assembly of the Federal District;

II. To enact the Statute of Government of the

Federal District;

III. To legislate in matters of public debt of the

Federal District;

IV. To issue general legal provisions to ensure

an appropriate, opportune and efficient operation

of the Powers of the Union; and

V. Any other powers vested upon it by this

Constitution.

Title Five 301

B. It pertains to the President of the United

Mexican States:

I. To initiate laws in the Congress of the Union

in all subject matters related to the Federal District;

II. To propose to the Senate the individual who

must substitute the Head of Government of the

Federal District in the event of his removal;

III. To send annually to the Congress of the Union,

the proposal of the amounts of indebtedness

necessary to finance the expenditure budget of

the Federal District. For that purpose, the Chief

of Government of the Federal District shall

submit to the President of the Republic the

corresponding proposal in accordance with the

terms provided by the Law;

IV. To enforce the laws enacted by the Congress

of the Union in respect to the Federal District,

providing the means required within his

administrative jurisdiction, for their faithful

execution; and

302 Political Constitution of the United Mexican States

V. Any other powers vested upon on him by

this Constitution, by the Statute of Government

of the Federal District and by the laws.

C. The Statute of Government of the Federal District

shall be subject to the following bases:

FIRST BASIS. With respect to the Assembly of

the Federal District:

I. Deputies to the Assembly shall be elected

every three years by general, free, direct and secret

vote, in accordance with the terms provided by

the Law, which must take into account, for the

organization of elections, the issuance of

certificates of election and review procedures

on the matter, the provisions of Articles 41, 60

and 99 of this Constitution;

II. The qualifications required to be a deputy

to the Assembly of the Federal District shall not

be less than the ones required to be a deputy

to the Congress of the Union. The provisions

under Articles 51, 59, 61, 62, 64 and 77, section

IV of this Constitution shall apply to the Assembly

Title Five 303

of the Federal District and to its members, in all

compatible issues;

III. The political party which has attained for

itself the largest number of certificates of election

by relative majority and at least a thirty per cent

of the votes in the Federal District, shall be

apportioned a sufficient number of deputies by

proportional representation in order to attain

an absolute majority in the Assembly;

IV. The Statute shall establish the dates to hold

two regular periods of sessions per year and

the composition and powers of the internal

government body which shall act during its

adjournments. The power to issue summons to

extraordinary sessions shall be vested on the

aforesaid internal government body, upon

request by the majority of its members or by

the Head of Government of the Federal District;

V. The Assembly of the Federal District, in

accordance with the terms of the Statute of

Government shall have the following powers:

304 Political Constitution of the United Mexican States

a) To enact its organic law, this shall be passed

to the Head of Government of the Federal District

just for the purpose of ordering its publication;

b) Annually examine, discuss, and approve the

expenditure budget and income law of the Federal

District, approving first the taxes necessary to

cover the expenditures. The establishment of

the remunerations to be perceived by public

officers shall be subjected to the bases established

in article 127 of this Constitution.

The Legislative, Executive, and Judicial organs

of the Federal District, as well as the organisms

with an autonomy recognized by the Federal

District’s Statute of Government, shall include

in their budget projects each of the tabulators

of the remunerations proposed for their public

officers. These proposals shall observe the

procedure that has been established for the Federal

District’s budget approval in the Statute of

Government and applicable dispositions.

Amounts of indebtedness exceeding the ones

previously authorized by the Congress of the

Title Five 305

Union to finance the expenditure budget of

the Federal District may not be added to the

income law.

The power to initiate laws, in regards to the

income law and the expenditure budget

corresponds exclusively to the Head of

Government of the Federal District. The term

to submit them ends on November 30th, with

the exception of the years when the regular

election of the Head of Government of the

Federal District takes place, in which case the

end term shall be on December 20th.

The Assembly of the Federal District shall prepare

annually its expenditure budget draft and shall

opportunely send it to the Head of Government

of the Federal District so that the latter may

include it in his bill.

The provisions under paragraph second of

subsection c) in section IV of Article 115 of this

Constitution, shall apply to the Treasury of the

Federal District in all matters consistent with its

nature and organic government system.

306 Political Constitution of the United Mexican States

c) To revise the General Public Account of the

previous year through the Assembly’s Supervising

Entity of the Federal District, according to the

criteria set forth by Article 74, section VI, where

applicable.

The public accounts of the previous year must

be sent to the Assembly within the first ten days

of the month of June. This term as well as the

terms established to submit the income law bill

and the expenditure budget draft, may only

be extended upon request by the Head of

Government of the Federal District, which

request must be sufficiently justified at the

judgment of the Assembly;

The Head of the Supervising Entity of the Federal

District shall be elected by two thirds of the

individuals of the Assembly for a term of no

less than seven years and he should have five

year experience in matters of control, auditing

and liabilities;

d) To appoint the individual who shall substitute

the Head of Government of the Federal District

in case of absolute absence of the latter;

Title Five 307

e) To issue the legal provisions required to

organize the public treasury, the Superior

Supervising Entity and the budget, book

keeping and public expenditure of the Federal

District, and the Supervising Entity invested with

technical and operative autonomy to exercise its

attributions, and to decide about its internal

organization, functioning and resolutions.

Supervis ing funct ion shal l be exercised

according to the principles of posteriority,

annuity, legality, impartiality and reliability;

f) To enact the provisions required to regulate

local elections in the Federal District, subject to

the principles established in the Statute of

Government, which must take into account the

principles set forth under subsection b) to i) of

section IV of Article 116 of this Constitution, to

which the references of subsections j) and m)

to Governor, local deputies and Municipal

Governments shall be assumed, respectively, for

Head of Government, deputies of the Assembly

and Chiefs of Delegations.

308 Political Constitution of the United Mexican States

g) To legislate in matters of local public

adminis t ra t ion, i ts internal régime and

administrative procedures;

h) To legislate in civil and criminal matters; to

regulate the organism for the protection of

human rights, citizen participation, office of the

public defender, public notaries and the public

registry of property and commerce;

i) To regulate civil protection; police and

government infractions; security services

provided by private corporations; crime

prevention and inmates’ social readjustment;

health and public assistance; and social welfare;

j) To legislate in matters of planning for

development; urban development, particularly

the uses of the land; environmental preservation

and ecological protection; housing, constructions

and buildings; public roads and crossways,

traffic and parking lots, public works and

acquisitions; and the exploitation and use of

property under the domain of the Federal District;

Title Five 309

k) To regulate the provision and concession of

public services; to legislate on urban transportation

services, cleaning services, tourism and lodging

services, markets, slaughterhouses, supply

centers, and cemeteries;

l) To issue provisions in regards to economic

promotion and employment protect ion;

development of agriculture and cattle breeding;

business and commercial establishments; animal

protection; show business; promotion of civic

culture and sports; and education as social duty,

under the terms provided by section VIII of

Article 3 of this Constitution;

m) To enact the organic law of the courts in

charge of the judicial function on matters under

the ordinary jurisdiction of the Federal District,

this shall include the issues relative to liabilities

of the public officers of said bodies;

n) To enact the organic law of the Administrative

Court of the Federal District;

310 Political Constitution of the United Mexican States

ñ) To submit law initiatives or decree drafts in

matters related to the Federal District, before

the Congress of the Union; and

o) Any others explicitly vested upon it by this

Constitution.

SECOND BASIS. With respect to the Head of

Government of the Federal District:

I. He shall hold office for a term of six years

form December 5th of the year of the election,

which shall take place in accordance with the

provisions set forth in the electoral legislation.

The Head of Government of the Federal District

must have the qualifications established by the

Statute of Government, among which it must

require: to be a Mexican citizen by birth, with

legal capacity to exercise his rights; to have

resided in the Federal District for the three years

previous to the date of the election, if he were

a native thereof, or having been born in another

State, to have resided in the Federal District for

five uninterrupted years previous to the date of

Title Five 311

the election; to be at least thirty years of age

on the day of the election, and not to have held

previously the office of Head of Government of

the Federal District, under any title. Residency

shall not be interrupted for holding public

offices of the Federation in any other jurisdiction.

In the event of removal of the Head of

Government of the Federal District, the Senate

shall appoint, upon proposal by the President

of the Republic, an alternate to conclude the

term in office. In case of a temporary absence,

the office shall be entrusted to the public officer

designated in the Statute of Government. In case

of absolute absence, by cause of resignation or

by any other cause, the Assembly of the Federal

District shall appoint an alternate to finish the

term in office. The resignation of the Head of

Government of the Federal District shall only

be accepted for serious causes. Leaves of absence

from office shall be regulated in the aforesaid

Statute.

II. The Head of Government of the Federal District

shall have the following powers and duties:

312 Political Constitution of the United Mexican States

a) To comply with and to enforce the laws in

relation to the Federal District enacted by the

Congress of the Union within the scope of

the jurisdiction of the Executive organ under

his command or under its agencies;

b) To promulgate, publish and enforce the laws

enacted by the Assembly of the Federal District,

providing the means required within his

administrative jurisdiction, for their faithful

execution, issuing the necessary regulations,

decrees and executive orders. He may make

observations to the bills of laws passed to him

by the Assembly for promulgation, within a term

not to exceed ten business days. Should the

project with observations be confirmed by a

qualified majority of two thirds of the deputies

present, it must be promulgated by the Head of

Government of the Federal District;

c) To submit law initiatives or decree drafts

before the Assembly of the Federal District;

d) To appoint and remove at his sole discretion

any of the public officers subordinated to the

Title Five 313

local executive organ under his command,

whose appointment or removal were not

otherwise established in this Constitution or the

corresponding laws;

e) To exercise the duties and powers pertaining

to the directorship of public security services

in accordance with the Statute of Government;

and

f) Any other powers vested upon him by this

Constitution, the Statute of Government and the

laws.

THIRD BASIS. In respect to the organization of

local public administration in the Federal District:

I. To determine the general guidelines to

distribute the duties and powers between central,

desconcentrados2 and decentralized government

bodies;

Desconcentrado bodies are those that do not have a separate personality from the centralized administration.

2

314 Political Constitution of the United Mexican States

II. To establish the political administrative bodies

in each circumscription into which the territory

of the Federal District is divided;

To establish criteria to carry out the territorial

division of the Federal District, to distribute

the jurisdiction of corresponding political

administrative bodies, the manner to constitute

them, their operation, as well as the relationship

of said bodies with the Head of Government of

the Federal District.

The incumbents of the political administrative

bodies of territorial circumscriptions shall be

elected in a general, free, secret and direct manner

as provided by the Law.

FOURTH BASIS. In respect to the Superior Court

of Justice and the other judicial bodies in charge

of the ordinary jurisdiction:

I. To be a Magistrate of the Superior Court, it is

required to have the same qualifications which

this Constitution establishes for the Justices of

the Nation’s Supreme Court of Justice; the

candidate is also required to have distinguished

himself in the exercise of the legal profession

Title Five 315

or in the judicial branch, preferably in the Federal

District. The Superior Court of Justice shall be

composed with the number of Magistrates set

forth in the respective organic law;

To fill the vacancies of Magistrates of the

Superior Court of Justice, the Chief of Government

of the Federal District shall submit a proposal

to the Assembly of the Federal District. The

Magistrates shall hold their office for a term of

six years and may be confirmed by the Assembly;

and should they be ratified in their offices, they

may only be removed therefrom in accordance

with the terms of Title Fourth of this Constitution;

II. The administration, supervision and discipline

of the Superior Court of Justice, of the trial courts

and any other judicial bodies, shall be in charge

of the Council of the Judiciary of the Federal

District. Such Council shall have seven members,

of whom one shall be the President of the

Superior Court of Justice and who shall also

preside the Council. The remaining members shall

be one Magistrate and two judges chosen by

majority of votes from the two thirds of all the

316 Political Constitution of the United Mexican States

Court’s Magistrates; one member appointed by

the Chief of Government of the Federal District

and the other two appointed by the Assembly

of the Federal District. All the Councilors shall

have the qualifications required to be a Magistrate

and shall be people renowned by their

professional and administrative capacities, as well

as their honesty and integrity. The Councilors

chosen by the Magistrates shall also need

recognition of their professional merits in the

judicial branch. They shall hold their office for

a term of five years, be substituted in a subsequent

manner and may not be appointed for another term.

The Council shall appoint the Judges of the

Federal District under the terms established to

regulate the judicial career. It shall also

determine the number and specialization of the

Court’s chambers and courthouses of the Federal

District’s judiciary, under the terms issued by

the Council itself.

III. The powers and duties and the operating

standards of the Judicial Council shall be

established taking into account the provisions

set forth by Article 100 of this Constitution;

Title Five 317

IV. The establishment of the criteria in accordance

to which the organic law shall determine the

standards to train new members of the judiciary

and provide them with continuing education,

as well as for the development of the judicial

career;

V. The disqualifications and penalties set forth

in Article 101 of this Constitution shall be

applicable to the members of the Council of the

Judiciary, as well as to Magistrates and Judges;

VI. The Judicial Council shall prepare the budget

for the Courts of Justice in the Federal District

and shall send it to the Head of Government of

the Federal District to be included in the

expenditure budget draft, which shall be

submitted for approval to the Assembly of the

Federal District.

FIFTH BASIS. There shall be an Administrative

Court which shall have full autonomy to decide

the disputes between private persons and the

authorities of the Federal District’s local public

administration.

318 Political Constitution of the United Mexican States

The standards to create it and the powers and

duties thereof shall be established and developed

in its organic law.

D. The Office of the Public Prosecutor of the Federal

District shall be presided by a Attorney General

who shall be appointed in accordance with the

terms established by the Statute of Government.

Said Statute and the respective organic law shall

set forth its organization, jurisdiction and

operating standards.

E. The provisions set forth under section VII of

Article 115 of this Constitution shall apply to the

President of the United Mexican States with

respect to the Federal District. The appointment

and removal of the public officer in charge of

direct command over the police force shall be

made in the terms set forth in the Statute of

Government.

F. The Senate or in the adjournments thereof, the

Permanent Commission may remove the Head

of Government of the Federal District by serious

causes affecting the relationships with the

Title Five 319

Powers of the Union or public order in the

Federal District. The request for removal must

be submitted by half of the members of the

Senate or of the Permanent Commission, if

applicable.

G. In order to attain an efficient coordination among

the diverse local and municipal jurisdictions and

between these and the Federation and the

Federal District in respect to planning and

carrying out actions in development zones

bordering with the Federal District, in accordance

with Article 115, section VI of this Constitution,

in matters of human settlements; environmental

protection; preservation and restoration of

ecologic balance; transportation, drinking water

and sewage; collection, treatment and disposal

of solid wastes and public security, their

respective governments may celebrate agreements

to create metropolitan commissions where they

may concur and participate subject to their laws.

The commissions shall be created by mutual

agreement of the participants. The instrument

creating them, shall establish the manner to

constitute them, their structure and functions.

320 Political Constitution of the United Mexican States

Through the commissions, it shall be established:

a) The bases to celebrate agreements within the

commissions, to establish accordingly, the

jurisdictions over the territory and the duties and

powers in respect to performance and operation

of public works, the rendering of public services,

and the actions to take in the matters set forth

in the first paragraph of this subsection;

b) The bases to establish, in a coordinated manner

by the parties composing the commissions,

specific functions in the matters referred, as well

as for the joint contribution of such material,

human and financial resources necessary for

their operation; and

c) Any other rules to regulate jointly and in a

coordinated manner for the development of

zones bordering with the Federal District, the

provision of services, and the performance of

act ions agreed by the members of the

commissions.

H. The prohibitions and restrictions established by

this Constitution for the States shall be applied

also to the authorities of the Federal District.

TITLE SIX Labor and social welfare

Article 123. Every person has the right to have a

dignified and socially useful job; to that end the

creation of jobs and the organization of society for

work shall be encouraged, in accordance with the

Law.

The Congress of the Union, without contravening

the following bases, will enact labor laws which shall

govern:

A. Between workers, laborers, domestic employees,

craftsmen and in general, in every labor contract:

I. The maximum working shift shall be eight hours;

II. The maximum working shift on night shall

be seven hours. Unhealthy and hazardous work,

321

322 Political Constitution of the United Mexican States

nightshifts in industrial enterprises and any other

work after ten o’clock at night, are prohibited

for minors under sixteen years old;

III. It is forbidden to use the labor of minors

under fourteen years of age. Minors over

fourteen and under sixteen years old shall have

a maximum working shift of six hours;

IV. For every six days of work the worker is

entitled to at least, one day of rest;

V. Pregnant women shall not perform jobs which

demand considerable effort and endanger their

health in respect to their pregnancy. They shall

have a mandatory paid time off of six week before

the date approximately set for the delivery of

their child, and for another six week term

thereafter, during which they must be paid their

salary in full and shall keep their job and the

rights acquired there from. During their nursing

period they shall have two additional rest periods

per day, of half an hour each, to feed their

children;

Title Six 323

VI. The minimum wages that workers will enjoy

shall be general or occupational. General wages

shal l govern in f ixed geographic areas;

occupational wages apply to particular sectors

of an industry or commercial activity, or to

certain occupations, trades or specialized work.

General minimum wages must be sufficient to

satisfy the normal material, social and cultural

needs of the head of a household, and to provide

for the mandatory education of his children.

Occupational minimum wages shall be established

considering, in addition, the conditions of the

different economic activities.

Minimum wages shall be set by a National

Commission constituted by representatives of

workers, employers and government, which may

be assisted by those special advisory committees

it should deem necessary for the better

performance of its duties;

VII. The same salary shall be paid for the same

work, regardless of sex or nationality;

324 Political Constitution of the United Mexican States

VIII. Minimum wages shall be exempted from

attachments, set-off or discount;

IX. Workers are entitled to participate in the

profits of businesses,1 subject to the following

provisions:

a) A National Commission constituted with

representatives of workers, employers and the

Government shall establish the percentage of

profits which must be distributed among the

workers;

b) The National Commission shall carry out any

necessary and appropriate research and studies

to know the general conditions of the country’s

economy. It shall likewise consider the need to

promote the country’s industrial development,

the reasonable returns that capital must earn

and necessary capital reinvestments;

The Spanish text refers to businesses in plural (empresas), but it refers only to the company where the employee works. Business means employment, occupation, profession or commercial activities engaged in for gain or livelihood. (Campbell Black, Henry, op. cit., Note 1, p. 136.)

1

Title Six 325

c) Said Commission may review the percentage

set should any new research and studies justify it;

d) The Law may exempt newly created companies

from the duty of profit sharing during a certain

and limited number of years, and may also

exempt works of exploration and other activities

whenever their nature and particular conditions

justify it;

e) The basis to determine the amount of each

company’s profits will be the taxable income in

accordance with the provisions of Income Tax

Law. Workers may file before the corresponding

office of the Secretariat of Finance and Public

Credit,2 any objections they should deem

convenient, subject to the procedure established

by the Law;

f) Workers’ right to profit sharing does not imply

the power to intervene in the management or

direction of the business.

See Note 2 of Title Three.2

326 Political Constitution of the United Mexican States

X. Wages must be paid precisely in currency of

legal tender, and it is not permitted to pay them

with merchandise, coupons, tokens or any other

representative sign intended as a substitute for

currency;

XI. When, due to extraordinary circumstances,

working hours must be extended; the salary to

be paid for overtime shall be 100% more than

the amount fixed for regular hours. Overtime may

never exceed three hours per day nor three

consecutive times. Minors under sixteen years

old may not be admitted to these types of jobs;

XII. All agricultural, industrial, mining business

or any other kind of business shall have the

duty, as set forth in Laws, to provide its workers

with comfortable and sanitary housing. This

obligat ion shal l be discharged with the

contributions made by the businesses to a national

housing fund with the purpose of constituting

deposits to the benefit of their workers and of

establishing a financing system to provide the

workers with sufficient and inexpensive loans

Title Six 327

so that they may acquire in ownership the

dwellings mentioned.

The enactment of a law to institute a body

constituted by representatives of the Federal

Government, the workers and of the employers,

to manage the resources of the national housing

fund, is of social benefit. Said law shall regulate

the formalities and procedures in accordance

to which the workers may acquire in ownership

the dwellings hereinbefore mentioned.

The businesses referred under paragraph first

of this section, which are located outside villages,

shall have the duty to establish schools, health

clinics and other services necessary for the

community.

Additionally, whenever the population in such

workplaces shall exceed two hundred inhabitants,

a tract of land of no less than five thousand

square meters, must be reserved for the

establishment of public markets, buildings

intended for municipal services and recreation

centers.

328 Political Constitution of the United Mexican States

Establishments that sell liquors and gambling

houses are prohibited in all workplaces;

XIII. Businesses, whatever their activity, shall

have the duty to provide their workers with skills

or training for the job. The Law shall establish

the systems, methods and procedures in

accordance to which employers must comply

with said obligation;

XIV. Employers shall be liable for labor accidents

and for occupational diseases suffered by

workers in relation or by cause of the profession

they exercise or of the job they do. Therefore,

employers shal l pay the corresponding

indemnification, whether for the death or

temporary or permanent disability to work, in

accordance with the provisions of the Law. This

liability shall survive even when the employer

shall contract the work through an intermediary;

XV. According to the nature of his business, the

employer shall have the duty to comply with

legal provisions regarding hygiene and safety

in the facilities of his establishment, and to adopt

Title Six 329

adequate safeguards to prevent accidents in the

use of machines, instruments and materials of

labor, as well as to organize labor in such 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. The

laws shall provide, to that end, the appropriate

sanctions in each case;

XVI. Workers as well as employers shall be entitled

to organize themselves for the defense of their

respective interests, by constituting unions,

professional associations, etc.;

XVII. The laws recognize strikes and lockouts as

rights of workers or employers;

XVIII. Strikes shall be lawful when their purpose

is the attainment of balance between the different

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 Board of Conciliation

and Arbitration, in regards to the date established

for the suspension of work. Strikes shall be

330 Political Constitution of the United Mexican States

considered illegal only when the majority of the

strikers shall engage in acts of violence against

persons or property, and in the event of war,

should they work in establishments or services

depending of the government;

XIX. Lockouts shall be lawful only when an

excess of production shall render it necessary

to suspend operations in order to maintain prices

at a reasonable level over costs, and subject to

the previous approval of the Board of Conciliation

and Arbitration;

XX. Conflicts between capital and labor shall

be subjected for settlement, to the award issued

by the Board of Conciliation and Arbitration,

which shall composed by an equal number of

representatives of workers and of employers and

one of the government;

XXI. Should the employer refuse to submit his

disagreements to arbitration or to accept the

award rendered by the Board, the labor contract

shall be terminated and he shall be obliged to

indemnify the worker with three months’ wages,

Title Six 331

in addition to the liabilities resulting from the

dispute. This provision shall not apply in cases

of the actions referred under the following section.

Should the workers reject the award, the labor

contract shall be terminated;

XXII. An employer who dismisses a worker

without justifiable cause or for having joined

an association or union, or for having taken a

part in a lawful strike, shall be required, at the

election of the worker, either to perform the

contract or to indemnify him with the payment

of three months’ wages. The Law shall establish

the cases where the employer may be exempted

from the obligation of performing the contract

by paying an indemnity. Likewise, the employer

shall be obliged to indemnify the worker with

the wages of three months, if the latter shall

leave his job on account of the employer’s lack

of good faith or mistreatment either as to his

own person, or that of his spouse, parents,

children, or siblings. The employer cannot be

exempted from this liability when the mistreatment

332 Political Constitution of the United Mexican States

is inflicted by subordinates or members of his

family acting with his consent or knowledge;

XXIII. Claims of workers for wages or salaries

earned during the preceding year and for

indemnifications shall have preference over any

other cla ims in cases of bankruptcy or

composition;

XXIV. Only the worker is liable for any debts

has contracted with his employer, or the latter’s

associates, family or dependents, and never for

any cause may payment there for be exacted

from members of the worker’s family, nor shall

said debts be claimed for an amount exceeding

the wages of the worker for one month;

XXV. Employment placement services shall be

free of charge for workers, whether they are

provided by a municipal office, by employment

bureaus or any other public or private agency.

When providing this service the demand for jobs

shall be taken into account and, in equal

conditions, the individuals who are the only

Title Six 333

income source for their family shall have

preference;

XXVI. Any labor contract between a Mexican

citizen and a foreign employer must be legalized

before the competent municipal authority and

bear visa by the consul of the nation to which

the worker is to go, in the understanding that,

in addition to the usual clauses, it shall clearly

provide that repatriation expenses shall be born

by the contracting employer;

XXVII. The following stipulations shall be null

and void and not binding for any of the contracting

parties, even if set forth in the contract:

a) Those providing for inhuman working shift

on account of its notorious excessiveness, in

view of the nature of the work;

b) Those providing for a salary which is not

remunerative in the judgment of the Board of

Conciliation and Arbitration;

c) Those providing a term of more than one

week for the payment of a daily wages;

334 Political Constitution of the United Mexican States

d) Those providing as the place to pay wages,

an amusement place, a restaurant, cafe, tavern,

canteen, or store, when the employee does not

work in such establishments;

e) Those involving a direct or indirect obligation

to purchase consumption goods in certain stores

or places;

f) Those permitting to withhold wages by way

of fines;

g) Those constituting a waiver by the worker of

indemnifications to which is entitled by cause

of labor accidents or occupational diseases,

damages for breach of contract or for being

discharged from a job;

h) Any other provisions implying a waiver of

any of the rights vested in the worker by the laws

to protect and help workmen;

XXVIII. The laws shall establish what property

constitutes the family patrimony. These goods

shall be inalienable, not subject to mortgage or

Title Six 335

attachment, and may be bequeathed with

simplified formalities in succession proceedings;

XXIX. The enactment of a Social Security Law

is of public interest and it shall include insurance

against disability, old age, life, unemployment,

illness and accidents, child day care, and any

other intended for the protection and welfare

of workers, peasants, non-salaried persons and

other social sectors and their families;

XXX. Likewise, cooperative associations for the

construction of cheap and sanitary dwelling

houses, intended to be acquired in ownership

by workers within certain periods, shall be

considered of social utility;

XXXI. Enforcement of labor laws pertains to the

authorities of the States within their respective

jurisdictions, except for the following matters

which are under the exclusive jurisdiction of

federal authorities:

a) In relation to industrial branches and services:

1. Textile;

336 Political Constitution of the United Mexican States

2. Electric power;

3. Motion pictures;

4. Rubber;

5. Sugar;

6. Mining;

7. Metallurgical and steel, including exploitation

of basic minerals, and their processing and

smelting, as well as the manufacture of metallic

iron and steel in all their forms and alloys, and

the rolled products there of;

8. Hydrocarbons;

9. Petrochemical;

10. Cement;

11. Lime;

12. Automobiles, including electric or mechanical

automobile parts;

13. Chemical, including pharmaceutical and

medical chemicals;

Title Six 337

14. Cellulose and paper;

15. Vegetable oils and fats;

16. Food processing, including only the

manufacture of bottled, canned or packed food

or of those intended there for;

17. Manufacture of bottled or canned beverages

or of those intended there for;

18. Railroads;

19. Basic lumbering, which includes the

production of sawmills, and the manufacture of

plywood or agglutinated wood products;

20. Glass, exclusively in respect to the manufacture

of plain, carved or flat glass, or of glass containers;

21. Tobacco, which includes the processing and

manufacture of tobacco products; and

22. Banking and credit services.

b) Business Enterprises:

1. The ones decentralized or administered directly

by the Federal Government;

338 Political Constitution of the United Mexican States

2. Those acting through a federal contract or

concession and the industrial enterprises in

connection thereto;

3. Those carrying out works in federal zones

or zones under federal jurisdiction, in waters of

territorial sea, or those comprised within the

Nation’s exclusive economic zone.

Federal authorities also have under their

exclusive jurisdiction: the application of labor

provisions in matters relating to conflicts affecting

two or more States; collective labor contracts

which have been declared mandatory in more

than one State;3 employers’ obligations in

educational matters, under the terms set forth

by the Law; and in respect to employers’ duties

in matters of job training courses for their

Called Law Contracts, which are agreements entered by a special procedure between one or more unions and one or more enterprises or federations of enterprises in the same industry. They become law upon publication by the Government and are mandatory in all the Country. (Hoagland, Alexander C., Company Formation in Mexico, Section F Labour Laws, London, Lloyds Bank International Ltd., 1980, p. F-17)

3

Title Six 339

workers, as well as safe and sanitary conditions

in work centers, for which federal authorities

shall have the support of State authorities, when

dealing with branches or activities under local

jurisdiction, as provided by the corresponding

Law.

B. Between the Powers of the Union, the

Government of the Federal District and its

workers:

I. The maximum working shift and nightshift

shall be of eight and seven hours, respectively.

Exceeding hours shall be overtime and shall be

paid an additional 100% over the remuneration

fixed for regular services. In no case may overtime

work exceed three hours daily nor three

consecutive times;

II. For every six days of work the worker is

entitled to at least, one day of rest; with full

payment of wages;

III. Workers shall enjoy vacations which shall

never be less than twenty days per year;

340 Political Constitution of the United Mexican States

IV. The salaries shall be established in the

budgets, without the possibility of being

decreased while said budgets are in force, and

shall be subjected to that established in article

127 of this Constitution and the law.

Salaries may never be inferior to general minimum

wages for workers in the Federal District and in

the States;

V. The same salary shall be paid for the same

work, regardless of sex;

VI. Withholdings, discounts, deductions or

attachments over wages may only be made in

the cases provided by the laws;

VII. The appointment of personnel shall be

made by systems which permit the assessment

of the skills and aptitudes of applicants. The State

shall organize schools of Public Administration;

VIII. Workers shall be entitled to rights of

classification scale so that promotions may be

made on the grounds of skills, aptitudes and

seniority. Under the same conditions, the

Title Six 341

individual representing the only source of income

for his family shall have preference;

IX. Workers may only be suspended or dismissed

for a cause, under the terms provided by the

Law.

In the event of wrong discharge the worker has

the right to chose between reinstatement in his

work or the corresponding severance payment,

upon previous legal proceedings. In the case

of cancelled posts, the affected workers shall

be entitled to obtain another job equivalent to

the one cancelled or to the indemnification

payment established by the Law;

X. Workers have the right to associate for the

defense of their common interests. They may

likewise exercise their right to strike upon

previous fulfillment of the requirements set forth

by the Law, in respect to one or several agencies

of Government Powers, whenever the rights

vested on them by this Article are infringed in

a general and systematic manner.

342 Political Constitution of the United Mexican States

XI. Social security shall be organized in accordance

with the following minimum bases:

a) It shall cover labor accidents and occupational

diseases; non-occupation illnesses and maternity;

retirement, disability, old age and death.

b) In case of accident or illness, the right to the

job shall be retained for the time set forth by

the Law.

c) Pregnant women shall not perform jobs which

demand considerable effort and endanger their

health in respect to their pregnancy. They shall

have a mandatory paid time off of one month

before the date approximately set for the delivery

of their child, and for another two months term

there after, during which they must be paid their

salary in full and keep their job and the rights

acquired there from. During their nursing period

they shall have two additional rest periods per

day, of half an hour each, to feed their children.

In addition they shall enjoy medical and obstetrical

attention, medications, nursing aids; and

childcare services.

Title Six 343

d) Members of the workers’ family must be entitled

to medical assistance and medications, in the

cases and in the proportion established by the

Law.

e) Vacation and rehabilitation centers, as well as

economy stores for the benefit of workers and

their families shall be established.

f) Workers shall be provided with low cost housing

for rent or sale in accordance with the programs

previously approved there to fore.

Additionally, the State shall establish a national

housing fund with the contributions it shall

make, with the purpose of constituting deposits

to the benefit of said workers and to establish a

financing system to provide the workers with

sufficient and inexpensive loans so they may

acquire in ownership comfortable and sanitary

housing, or to build, repair, or improve their home

or to pay loans acquired there for.

The contributions for such fund shall be paid

to the agency in charge of social security. The

344 Political Constitution of the United Mexican States

formalities and procedure in accordance to which

such fund shall be managed and to which the

corresponding credits must be granted and

adjudged, shall be govern by its law and by any

other applicable laws;

XII. Individual and collective labor disputes, as

well as disputes between trade unions must be

submitted to the Federal Conciliation and

Arbitration Board for Government Employees,4

which shall be constituted as provided in the Law.

Disputes between the Judicial Branch of the

Federation and its employees shall be settled

by the Federal Judicial Council. Disputes

between the Supreme Court of Justice and its

employees shall be decided by the latter;

XIII. Military and Navy personnel, members of

the Foreign Service, agents of the Public

Prosecutor, police experts and members of police

institutions, shall be governed by their own laws.

See Note 9 of Title Three.4

Title Six 345

The agents of the Public Prosecutor, the experts

and members of police institutions of the

Federation, the Federal District, the States and

the Municipalities, can be dismissed if they do

not comply with the requirements that the laws

in vigor at the moment determine to stay in such

institutions, or removed if they incur in

responsibility when performing their duties. If

the jurisdictional authority determines that the

separation, dismissal, casualty, cessation or any

other form of service termination was unjustified,

the State shall only be obliged to indemnify and

give any other corresponding benefits, which

shall not mean to bring the person back to service,

whatever the result of the trial or defense

measure promoted.

Authorities of the Federation, the States, the

Federal District and the Municipalities, in order

to strengthen the social security system of the

personnel of the Public Prosecutor, police

corporations and expert services within the

police, and that of their families, shall orchestrate

complementary systems of social security.

5

346 Political Constitution of the United Mexican States

The State shall provide active members of the

Army, Air Force and Navy, the benefits under

subsection f) of section XI of Subdivision B of

this Article, in similar terms and through the

agencies in charge of providing social security

services for the members of said institutions;

XIII BIS. The central bank and the agencies of

Federal Public Administration which comprise

the Mexican Banking System shall govern their

labor relations with their employees in accordance

to the provisions set forth in this Subdivision;

XIV. The Law shall determine the offices to be

considered positions of non-tenure.5 The

individuals holding those positions shall be

entitled to salary protection measures and social

security benefits.

Confidential employees are subject to special treatment in the Law, these are employees holding a position of confidence who perform managerial , accounting, operational, supervisory functions on behalf of their employer. They may not belong to trade unions and may be discharged if they loose the confidence of their employer, without the right to be reinstated in their job. (Becerra, Javier F., op. cit., Note 3, p. 306, and Hoagland, Alexander C., op. cit., Note 43, pp. F-7 and F-8).

TITLE SEVEN General provisions

Article 124. All powers not explicitly vested by

this Constitution on federal authorities, are reserved

to the States.

Article 125. No individual may hold two Federal

offices of popular election at the same time, nor

one federal and one state office also by popular

election, but the individual may choose which of

the two he elects to hold.

Article 126. No payment shall be made that is

not included in the budget or provided for by a

subsequent law.

Article 127. The public officers working for the

Federation, States, Federal District, and Municipalities,

347

348 Political Constitution of the United Mexican States

their entities and government offices, as well as

their state and municipal decentralized administrations,

public trust funds, autonomous organisms and

institutions, and any other public organ shall

receive an adequate and not to be waived reward

for the exercise of their function, job, position, or

commission, which shall be proportional to his or

her responsibilities.

Such a reward shall be determined annually and fairly

in the corresponding budgets, in accordance to the

following bases:

I. A reward or retribution is all income received

in cash or in kind, including diets, Christmas

bonuses, gratifications, awards, rewards,

bonuses, stimulus, commissions, compensations,

and any other of the kind, with the exception

of the support and expenses subjected to revision

that are proper of the work being done and the

traveling expenses corresponding to official duties.

II. No public officer shall be able to receive a

remuneration, in the terms of the previous section,

for the exercise of his or her function, job,

Title Seven 349

position, or commission, higher than that

established for the President of the Republic in

the corresponding budget.

III. No public officer shall be able to receive a

remuneration equal or higher than his or her

superior in rank; unless the excess is a consequence

of the exercise of various public offices, that

his or her remuneration is a product of the

general working conditions, derived from a

qualified technical job or a specialization in his

or her function, the sum of said retributions

shall not exceed half of the remuneration

established for the President of the Republic in

the corresponding budget.

IV. No retirement payments, pensions, or other

retirement assets shall be conceded or covered,

nor liquidations for given services, or loans or

credits, without these being assigned by law,

legislative decree, collective contract, or general

working conditions. These concepts will not be

a part of the remuneration. They are excluded

from the security services that the public officers

require for the exercise of their public office.

350 Political Constitution of the United Mexican States

V. The remunerations and their tabulators shall

be public, and shall specify and differentiate the

totality of their fixed and variable elements, both

in cash and in kind.

VI. The Congress of the Union, the State

Legislatures, and the Legislative Assembly of the

Federal District, in their respective competence,

shall issue laws to enforce the content of the

present article and the pertaining constitutional

dispositions, and to sanction criminally and

administratively the conducts that imply the

violation or elusion by simulation of that which

has been established in this article.

Article 128. Before taking office, every public officer

without any exception, shall take an oath swearing

to uphold the Constitution and the laws enacted

in pursuance thereof.

Article 129. In peace times no military authority

shall perform any functions other than those exactly

related with military discipline. There shall be fixed

and permanent military commands only in castles,

forts and in warehouses immediately subordinated

Title Seven 351

to the Government of the Union, or in encampments,

barracks, or arsenals established outside towns for

the quartering of troops.

Article 130. The historic principle of separation

between State and Church is a directive underlying

the provisions set forth in this Article. Churches

and any other religious groups shall be subject to

the Law.

Only the Congress of the Union is empowered to

legislate in matters of public worship, churches and

religious groups. The respective Law shall develop

and detail the following provisions, and shall be

of public order:

a) Churches and religious groups shall have legal

capacity as religious associations upon having

obtained their corresponding registry. The Law

shall regulate such associations and establish the

conditions and qualifications required for the

registry to incorporate them.

b) The authorities shall not intervene in the internal

life of religious associations.

352 Political Constitution of the United Mexican States

c) Mexicans may exercise the ministry of any

religion. To that end, Mexicans as well as foreign

persons, must satisfy the requirements set forth

by the Law.

d) As provided by the Law, church ministers

may not hold public offices. As citizens they

shall have the right to vote but they may not be

elected for public offices. Those who have ceased

being church ministers with the anticipation in

the manner established by the Law may be elected.

e) Ministers may not associate for political

purposes, nor promote in favour of, or against

any candidate, political party or any political

association. They may not oppose the laws of

the country or its institutions, nor in any way

offend any national insignia in public meetings,

in acts of worship or of religious propaganda,

nor in publications of a religious nature.

The constitution of any kind of political group whose

denomination should contain any word or indication

of whatever nature, relating it to any religious

Title Seven 353

affiliation is strictly prohibited. Meetings of a political

nature may not take place in churches.

The simple promise to say the truth and to comply

with the obligations contracted, subjects the person

making it, in case of failure to comply, to the penalties

established in the Law for such behaviour.

Church ministers, their ascendants, descendants,

brothers, sisters and spouses, as well as the religious

associations to which they may be affiliated, shall

be disqualified to inherit by testament, from the

persons to whom such ministers may have provided

guidance or spiritual support and who do not have

a family relationship of up to forth degree in regards

to said ministers.

Acts of marital status of individuals pertain to the

exclusive jurisdiction of administrative authorities,

in accordance with the terms provided by the laws,

and shall have such force and effect as said laws

attribute to them.

Federal, State and Municipal authorities shall

have, in regards to this matter, the powers and

responsibilities set forth by the Law.

354 Political Constitution of the United Mexican States

Article 131. The Federation has the exclusive

power to levy duties on goods that are imported

or exported or in transit through national land

territory; as well as to regulate at all times, and

even to prohibit the circulation for security or police

reasons, within the territory of the Republic, of

all classes of goods, regardless of their origin.

Nevertheless, the Federation itself may not establish

nor enact in the Federal District the taxes and laws

set forth under sections VI and VII of Article 117.

The President of the Republic may be empowered

by the Congress of the Union to increase, decrease

or abolish tariff rates on imports and exports

imposed by Congress itself, and to establish others;

likewise, the President of the Republic may be

empowered to restrict and to prohibit the imports,

exports and transit of products, articles and goods,

when he deems it urgent for the purpose of regulating

foreign trade, the economy of the country, the

stability of domestic production or for accomplishing

any other purpose to the benefit of the country.

The President of the Republic himself, when

submitting the fiscal Budget to Congress each year,

Title Seven 355

shall submit to the approval of Congress the

exercise he has made of such powers.

Article 132. Forts, barracks, storage warehouses,

and all other real estate facilities devoted by the

Government of the Union to a public service or

for common use, shall be subject to the jurisdiction

of Federal Powers in accordance with provisions

established in the Law enacted by the Congress of

the Union. This law shall regulate the property

acquired thereafter within the territory of any State

in which case, the consent of the respective local

legislature shall be required.

Article 133. This Constitution, the laws of the

Congress of the Union which shall be enacted in

pursuance thereof and all treaties in accordance

therewith, celebrated or which shall be celebrated

by the President of the Republic with the approval

of the Senate, shall be the supreme law of the Union.

The Judges of the Federal District and of the States

shall be bound thereby, notwithstanding any

provision to the contrary in the local constitutions

or local laws.

356 Political Constitution of the United Mexican States

Article 134. The economic resources available to

the Federal Government, the States, the Municipalities,

the Government of the Federal District and the

political-administrative organs thereof, and to the

respective decentralized agencies or government

controlled companies, shall be managed with

efficiency, effectiveness, economy, openness and

honesty in order to comply with the purposes for

which they are intended.

The result of the employment of said resources

shall be evaluated by the technical instances

established by the Federation, the States and the

Federal District, respectively, in order to favor the

assignation of such resources in the respective

budgets as described in the previous paragraph,

notwithstanding the prevision of Articles 74, section

VI and 79.

Any acquisitions, leases and transfers of any kind

of goods, the rendering of services of whatever

nature and the engagement of works undertaken,

shall be awarded or carried out through public

biddings, through the issuance of public summons

so that solvent propositions may be submitted in a

Title Seven 357

closed envelope, which shall be opened in public

with the aim of assuring the best conditions

available in benefit of the State in regards to price,

quality, financing, opportunity and all other pertinent

circumstances.

Whenever the biddings referred under the paragraph

hereinbefore should not be suitable to assure said

conditions, the laws shall establish the bases,

procedures, rules, requirements and any other

elements to demonstrate the economy, effectiveness,

efficiency, impartiality, and honesty required to

assure the best terms for the State.

Management of federal economic resources by the

States, municipalities, the Federal District and the

political-administrative organs thereof, shall be

subject to the principles set forth in this Article.

The evaluation of the employment of such resources

shall correspond to the technical entities of the

States to which the second paragraph of this Article

refers.

Public officers shall be responsible for complying

with these principles in accordance with the terms

provided by Title Fourth of this Constitution.

358 Political Constitution of the United Mexican States

The public servants of the Federation, States and

Municipalities, as well as of the Federal District

and its delegations, are always obliged to impartially

invest the public resources under their care, and

not to have any influence on the equity of the

competition between the political parties.

The propaganda that the political parties, the

autonomous organs, branch offices and entities of

the public administration and any other organism

of the three branches of Government, spread under

any form of social communication, shall be of

institutional kind and meant to inform, educate or

provide social orientation. Such propaganda shall

not include names, images, voices or symbols

which imply the promotion of some public servant.

The Laws, within their own field of application,

shall guarantee the fulfillment of the previsions of

the two previous paragraphs, including the penalty

régime that might proceed.

TITLE EIGHT Amendments to the Constitution

Article 135. The present Constitution may be

added to or amended, but to become a part of it,

such additions or amendments require the approval

of the Congress of the Union through the vote of

two thirds of the congressmen present, and the

approval, thereafter, of the majority of the State

Legislatures.

The Congress of the Union or the Permanent

Commission, as the case may be, shall count the

votes of the Legislatures and shall make the

declaration to announce that the additions or

amendments in question have been approved.

359

TITLE NINE The inviolability of the Constitution

Article 136. This Constitution shall not lose its

force and effect, even if its observance were

interrupted by rebellion. In the event that a

government whose principles are contrary to those

provided by this Constitution, should become

established through any public disturbance, as soon

as the people recover their freedom, its observance

shall be reestablished. The persons who took part

in the government arising from the rebellion as

well as those who cooperated with them, shall be

judged in accordance with this Constitution and

the laws enacted by virtue thereof.

361

TRANSITORY ARTICLES

Article First. This Constitution shall be solemnly

published and an oath shall be taken to uphold it

and to enforce it throughout the Republic; but with

the exception of the provisions related to the

elections of the Supreme Powers of the Federation

and the Federal District and the States, which shall

be effective at once, it shall effective as of the first

of May of 1917, in which date the Constitutional

Congress shall be solemnly installed and the citizen

elected in the next elections to the office of President

of the Republic must take the oath provided by

the Law.

In the elections which must be summoned in

accordance with the following Article, the provisions

under section V of Article 82 shall not be applicable;

363

364 Political Constitution of the United Mexican States

nor shall it be cause for disqualification to hold

the office of Deputy or Senator, or to be in active

service in the army, provided the command of

forces is not in the electoral district in question;

nei ther shal l S ta te Secretar ies and State

Undersecretaries be bared from election to the next

Congress of the Union, provided they shall have

definitely separated from their positions on the date

the respective summons are issued.

Article Second. As soon as this Constitution is

published, the citizen entrusted with the office of

President of the Republic shall summon to the

election of Federal Powers, and he shall take care

that the election is carried out in such manner as

to enable the Congress to be timely constituted, so

that upon having counted the votes cast in the

elections for President, it may declare who has been

the individual elected to hold the office of President

of the Republic, so that he may comply with the

provisions set forth in the preceding Article.

Article Third. The next constitutional term for

Deputies and Senators shall be computed starting

Transitory Articles 365

on September 1st of last year and for the office of

President of the Republic, on December 1st of 1916.

Article Fourth. Senators who in the next election

have an even number shall hold office only for two

years, so that thereafter the Senate may be renewed

every two years.

Article Fifth. The Congress of the Union shall elect

the Justices of the Nation’s Supreme Court of Justice

next May, in order that such Body shall be installed

by June 1st.

Article 96 shall not govern in this election, with respect

to the proposals of candidates by State Legislatures;

but the elected candidates shall only hold office for

the first two years of the term set forth in Article 94.

Article Sixth. The Congress of the Union shall have

an extraordinary session period which shall begin

on April 15 of 1917, to set itself up as Electoral

College, count the votes and qualify elections for

President of the Republic, making the respective

declaration; and also to enact the Organic Law for

Circuit and District Courts, and the Organic Law

366 Political Constitution of the United Mexican States

for the Federal District and Territorial Courts, so

that the Nation’s Supreme Court of Justice may

immediately appoint Circuit Magistrates and District

Judges, so that the same Congress of the Union

may appoint the Judges of First Instance for the

Federal District and Territories; it shall also enact

all the laws that the President of the Republic shall

submit to its opinion.52 Circuit Magistrates and

District Judges and Magistrates and Judges of the

Federal District and Territories, must take office

before July 1st of 1917, at which time those individuals

who were appointed by the current incumbent in

charge of office of President of the Republic, shall

cease in office.

Article Seventh. Only for this first time, the count

of votes for Senators shall be made by the Computing

Board of the First Electoral District in each State or

in the Federal District, which shall be created to

count votes for the election of Congressmen. Such

Boards shall issue the corresponding certificate to

the Senators elected.

Article Eighth. The Nation’s Supreme Court of Justice

shall decide pending cases of constitutional relief

Transitory Articles 367

through the writ of Amparo, subject to the laws

currently in force.

Article Ninth. The Citizen Chief Commander of

the Constitutional Army,53 entrusted with the office

of President of the Republic, is empowered to issue

the Electoral Law, in accordance to which the

elections shall be held for this once to constitute

the Powers of the Union.

Article Tenth. The individuals who have taken part

in the Government arising from the rebellion

against the legitimate government of the Republic,

or those who cooperated with it, taking up arms

afterwards, or holding offices or employments with

the rebellious fractions that have attacked the

Constitutionalist Government, shall be tried under

the laws currently in force, unless they have been

pardoned by said Government.

Article Eleventh. Until the Congress of the Union

and the State Legislatures enact laws in regards to

the agrarian and labor problems, the principles

established in this Constitution for such laws shall

368 Political Constitution of the United Mexican States

enter into full force and effect throughout the

Republic.

Article Twelfth. Mexicans who have been members

of the Constitutionalist Army, and their children

and widows, and any other persons who rendered

services to the cause of the Revolution or to Public

Education, shall have a pre-emptive right to acquire

the parcels of land set forth under Article 27 and

shall be entitled to the discounts established by

the laws.

Article Thirteenth. From the date of this

Constitution, any debts that workers shall have

contracted by reason of their job, with employers,

or the latter’s families or intermediaries are hereby

extinguished by ministry of law.

Article Fourteenth. The Secretariat of Justice is

hereby abolished.

Article Fifteenth. The citizen in charge of the

office of President of the Republic is hereby

empowered to issue a law of civil liability applicable

to the principals, accomplices and accessories of

Transitory Articles 369

crimes against the constitutional order during the

month of February of 1913 and against the

Constitutionalist Government.

Article Sixteenth. The Constitutional Congress

during its regular period of sessions which shall

start on September 1st of this year shall enact all

organic laws of the Constitution which shall not

have been already enacted in the extraordinary

period referred under transitory Article Sixth and

shall give priority to laws relating to Constitutional

Rights and to Articles 30, 32, 33, 35, 36, 38, 107

and the last part of Article 111 of this Constitution.

Article Seventeenth. Churches and any other

property which in accordance with section II of

Article 27 of the Political Constitution of the United

Mexican States, as amended by this Decree, are

owned by the Nation, shall preserve their current

legal status.

Article Eighteenth. (Repealed).

Article Nineteenth. (Repealed).

THE FOLLOWING ARTICLES WERE REFORMED ON JUNE 18TH

2008, ACCORDING TO A DECREE OF REFORMS PUBLISHED IN THE OFFICIAL GAZETTE OF THE FEDERATION; HOWEVER, TO SOME EXTENT THEY ARE STILL IN FORCE, SINCE THE NEW CRIMINAL SYSTEM SHALL BE COMPLETELY

IN VIGOR WITHIN A TERM OF EIGHT YEARS FOLLOWING

THE DATE OF SAID DECREE. THUS THEY ARE PRESENTED HERE AS THEY WERE BEFORE THEIR MODIFICATIONS, ALONG WITH THE TRANSITORY ARTICLES OF THE REFORM.

Article 16. No one may be disturbed in his person,

family, home, papers or possessions, except by

written order of a competent authority, duly grounded

in law and fact which sets forth the legal cause of

the proceeding.

No arrest warrant may be issued except by the

judicial authority upon previous accusation or

complaint for the commission or omission of an

act which is described as a crime by the law,

punishable with imprisonment, and unless there is

evidence to prove that a crime has been committed

and that there are sufficient elements to believe

that the suspect is criminally liable.

The authority executing an arrest warrant issued

by a court shall bring the suspect before the judge

371

372 Political Constitution of the United Mexican States

without any delay and under its sole responsibility.

Any contravention to the foregoing shall be punished

by criminal law.

In cases of flagrante delicto, any person may detain

the suspect bringing him without delay under custody

of the nearest authority and the latter, without

delay, shall bring him before the Public Prosecutor.

Only in urgent cases, when dealing with a felony

qualified as such by the law and under reasonable

risk that the suspect could evade the action of justice,

should there not be a judicial authority available

because of the hour, place or circumstance, the

Public Prosecutor may, under his responsibility,

order his detention, stating the grounds of law and

fact and the circumstantial evidence underlying

such decision.

In cases of urgency or flagrante delicto, the judge

before whom the person in custody is presented shall

immediately confirm the arrest or order his release,

subject to the conditions established in the Law.

No one charged with a crime may be detained by

the Public Prosecutor for more than forty eight hours,

Transitory Articles 373

term whereupon his release shall be ordered or

he shall be brought before a judicial authority. Such

term may be duplicated in cases established by

the law as organized crime. Any abuse in respect

to what has hereinbefore been provided shall be

punished by criminal law.

Only a judicial authority may issue a search warrant

which must be in writing. Every search warrant must

describe the place to be searched, the person or

persons to be detained and the objects to be seized,

to which this act shall be exclusively restricted,

preparing in site, upon the conclusion of the search,

a fact finding report, before two witnesses proposed

by the occupant of the place searched or in his

absence or refusal, by the acting authority.

Private communications are secret. The law shall

punish according to criminal law any action against

the liberty and privacy of such communications.

Only a federal judicial authority may authorize the

intervention of any private communication, upon

request by the federal authority empowered by the

law or by the Public Prosecutor of the corresponding

374 Political Constitution of the United Mexican States

State, wherefore the competent authority shall, in

writing, ground in law and fact the legal causes of

the request describing therein the class of intervention

required, the subjects and the term thereof. The

federal judicial authority may not grant these

authorizations when the matters involved are of

electoral, fiscal, commercial, civil, labour or

adminis t ra t ive nature, nor in the case of

communications of the defendant with its attorney.

Authorized interventions shall be subject to the

requirements and limitations set forth in the laws.

The results of interventions which do not comply

with the aforesaid requirements shall not be

admitted as evidence.

Administrative authorities may carry out inspections

to private facilities only for ascertaining whether

sanitary and police regulations have been complied

with; and to require to be shown such books and

papers which are indispensable to corroborate that

fiscal provisions have been complied with, in which

cases such authorities shall be subject to the provisions

of the respective laws and to the formalities for

search warrants.

Transitory Articles 375

The sealed correspondence circulating through the

mail shall be exempt from any search and the violation

thereof shall be punishable by the Law.

No member of the Army shall in times of peace be

quartered in a private house against the will of the

owner nor impose any requirements. In times of

war the military can demand lodging, baggage, food

and other requirements in the terms set forth by

the applicable martial law.

Article 17. No one may take the law unto his own

hands, nor resort to violence to enforce his rights.

Every person has the right to petition justice before

courts of law which shall be ready to provide it under

the terms and conditions set forth by the laws, and

shall issue their judgments in a prompt, complete

and impartial manner. Their services shall be free

and consequently, judicial fees are prohibited.

Federal and local laws shall provide the necessary

means to guarantee the independence of the courts

and the full enforcement of their judgments.

376 Political Constitution of the United Mexican States

No one may be imprisoned by debts solely of a

civil nature.

Article 18. Pretrial detention may only be applied

for crimes punishable by imprisonment. The place

of confinement shall be different and shall be

separate from the one used for convicted persons.

The governments of the States and of the Federation

shall organize the prison system in their respective

jurisdictions, under basis of labour, training for

work, and education, as a means of social readjustment

of the offender. Women shall serve their imprisonment

penalties in places separated from those intended

for the confinement of men.

State Governors may under the provisions established

by their respective local laws, celebrate agreements

of a general nature with the Federation, by which

offenders convicted for crimes pertaining to State

or local jurisdiction may serve their imprisonment

penalties in facilities subordinated to the President

of the Republic.

The Federation and State governments shall establish

special institutions to deal with juvenile offenders.

Transitory Articles 377

Convicts of Mexican nationality who are serving

imprisonment penalties in foreign countries may

be brought to the Republic to serve their sentences

under the grounds of the social readjustment systems

provided in this Article, and convicts of foreign

nationality convicted for federal crimes throughout

the Republic or for crimes under the local jurisdiction

of the Federal District, may be transferred to their

countries of origin or of residence, provided that

international treaties have been signed for that

purpose. State governors may request from the

President of the Republic, under the grounds of

their respective local laws, the inclusion in said treaties

of convicts for crimes under State jurisdiction.

In the cases and conditions provided by the Law,

convicts may serve their penalties in the penitentiaries

closer to their home, in order to encourage their

reintegration to the community as a means of

readjustment to society.

Article 19. No detention before a judicial authority

may exceed a term of seventy two hours from the

time the defendant is brought under its custody,

378 Political Constitution of the United Mexican States

without a formal order for commitment in writing,

which must set forth the crime he is charged with,

the place, time and circumstances of the crime; as

well as the evidence furnished by the preliminary

criminal inquiry, which must be sufficient to establish

that a crime has been committed and the probable

liability of the suspect.

Said term may be extended only upon petition by

the defendant in the form established by the Law.

The extension of the term of detention to his detriment

shall be punished by criminal law. If within the

term hereinbefore set forth, any authority in charge

of the facilities where the defendant is confined,

should not receive an authorized copy of the order

to stand trial in confinement or a request for an

extension of the aforesaid term, said authority shall

bring the matter to the attention of the judge

immediately upon the end of the term. If said

authority should not receive the aforesaid order

within the next three hours, it shall release the

defendant.

Every proceeding shall be compulsorily instituted

only for the crime or crimes charged in the order

Transitory Articles 379

to stand trial in commitment or in the order to stand

trial. If within the course of proceedings it should

appear that another crime has been committed

which is different from the one pursued, it shall

be charged on a separate count, notwithstanding

that a joinder of both proceedings could thereafter

be ordered, if appropriate.

Any ill treatment when detaining a person or during

confinement, any annoyance without legal

justification, any exaction or contribution laid in jails,

constitute an abuse which the laws shall correct

and the authorities shall repress.

Article 20. In all criminal proceedings, the defendant,

the victim or the offended party shall have the

following constitutional rights.

A. The defendant:

I. Immediately upon request by the defendant,

the judge must set him at liberty on bail, provided

the crime he is charged with is not a felony

where the Law explicitly prohibits granting it.

In case of crimes which are not felonies, the

380 Political Constitution of the United Mexican States

judge may deny liberty on bail, upon request

by the Public Prosecutor, when the defendant

has been previously convicted for a felony

according to the Law or whenever the Public

Prosecutor should submit to the judge, evidence

establishing that freeing the accused represents,

on account of his preceding behaviour or of the

circumstances and nature of the crime committed,

a risk for the offended party or for society.

The amount and form of the bail fixed must be

accessible for the accused. In certain circumstances

set forth by the Law, the judicial authority may

modify the amount of the bail. To determine

the amount and form of the bail, the judge must

consider the nature, par t icular i t ies and

circumstances of the crime, the character of the

defendant and the possibilities of complying

with his duties in respect to trial; the losses and

damages caused to the offended party; as well

as the fine which, if applicable, may be imposed

upon the accused.

The Law shall determine the serious cases where

the judge may revoke liberty on bail;

Transitory Articles 381

II. He cannot be forced to declare. Any denial

of communication, intimidation or torture is

prohibited and shall be punished by criminal

law. Any confession made before any authority

other than the Public Prosecutor or the judge

or even before any of them without the assistance

of his counsellor shall have no weight as evidence;

III. He shall be informed in a hearing in open

court, and within the next forty eight hours

immediately following the filing of charges, the

name of his accuser and the cause and nature

of the accusation, so that in such hearing, the

defendant may know the criminal conduct

attributed to him and so that he may respond to

the charges against him, in his preliminary

statement;

IV. At his request he shall be confronted with

the witnesses against him before the judge,

except as provided under subsections V of

Section B of this Article;

V. All witnesses and any other evidence submitted

on his own behalf shall be admitted within the

382 Political Constitution of the United Mexican States

term the Law deems necessary to that end and

he shall be assisted in securing the presence of

those witnesses whose testimony he may

request, provided they are to be found in the

place where the trial is held;

VI. He shall be judged in open court by a judge

or by a jury composed of citizens who can read

and write and who reside in the place and

district where the crime was committed, provided

such crime is punishable with more than one

year of imprisonment. In any case, crimes

committed through the press against public

order or against the Nation’s foreign or domestic

security, shall be tried by a jury;

VII. He shall be furnished with all the information

on record in the proceedings that he shall

request for his defense;

VIII. He shall be tried within a term of four

months in the case of crimes punishable with a

maximum penalty not exceeding two years of

imprisonment; and within a term of one year if

the crime is punishable with a penalty exceeding

Transitory Articles 383

such term, unless he shall request a longer term

for his defense;

IX. From the commencement of proceedings,

he shall be informed of the rights provided to

his benefit by this Constitution and of his right

to an adequate defense, either by himself, by

counsel or by a trusted person. Should he not

wish or should he have no one to appoint as

counsel for his defense, upon being required

to do so, the judge shall appoint him a public

defendant. He shall also be entitled to have his

attorney present in all actions during the

proceedings and he shall have the duty to

appear as often as required by the court; and

X. Prison or detention may never be extended

for failure to pay attorneys’ fees nor any other

monetary obligation, on account of civil liability

or for any other similar cause.

Nor can pretrial detention be extended beyond

the maximum imprisonment term established by

the Law as penalty for the crime charged.

384 Political Constitution of the United Mexican States

Whenever a conviction sentence imposes

imprisonment the term thereof shall start running

from the moment the defendant is arrested.

The constitutional rights set forth in subsections

I, V, VII and IX herein shall also be respected

during the preliminary criminal inquiry, subject

to the terms and under the requirements and

restrictions established by the laws. The provision

in subsection II shall not be subject to any

condition.

B. The victim or the offended party:

I. To receive legal counsel; to be informed of

the rights that the Constitution establishes to

his benefit and whenever he should so require

it, to be informed of the developments of the

criminal proceedings;

II. To assist the Public Prosecutor; to be received

all the information and evidence that he furnishes,

during the preliminary criminal inquiry as well

as during proceedings, and for appropriate

proceedings to be carried out.

Transitory Articles 385

Whenever the Public Prosecutor does not

consider necessary to carry out the proceeding,

he must state the grounds of law and fact

justifying his refusal.

III. To receive urgent medical and psychological

attention, from the moment the crime was

committed.

IV. To recover damages. Whenever it should be

legally admissible, the Public Prosecutor is

obliged to require restitution of damages and

the judge shall not acquit the convict from

making restitution if he shall have imposed on

him a conviction sentence.

The Law shall set forth swift and speedy

procedures to enforce judgments in matters of

recovery of damages.

V. Should the victim or the offended party be

minors, he shall not be required to confront

the defendant face to face, when the crime dealt

with is rape or kidnapping. In such cases, the

depositions shall be taken in the conditions

established by the Law; and

386 Political Constitution of the United Mexican States

VI. To require the injunctions and measures

provided by the Law for his security and

assistance.

Article 21. The imposition of penalties is an

exclusive power to the judiciary. The investigation

and prosecution of crimes is exclusive to the Public

Prosecutor who shall be assisted theretofore by a

police force under his immediate authority and

command. The imposition of sanctions for infractions

to government and police regulations is exclusive

to administrative authorities, whose sanctions shall

consist solely of fines or incarceration for a term

not to exceed thirty six hours. Should the offender

not pay the fine imposed, the fine shall be exchanged

for the corresponding incarceration term, which

shall never exceed thirty six hours.

Should the offender be a labourer, worker or

employee, he may not be fined for an amount

exceeding the sum of his wages for one day.

Should the offender be a non wage worker, the

fine shall not exceed the amount equivalent to one

day of his income.

Transitory Articles 387

The decisions by the Public Prosecutor determining

not to indict and to withdraw from criminal action

may be reviewed by courts under the terms set

forth by the Law.

The President of the Republic may, with the

approval of the Senate in every case, acknowledge

the jurisdiction of the International Criminal Court.

Public security is a function in charge of the

Federation, the Federal District, the States and

the Municipalities, in their respective jurisdictions

as established in this Constitution. The acts of police

institutions shall be governed by the principles of

legality, efficiency, professionalism and honesty.

The Federation, the Federal District, the States and

the Municipalities shall coordinate themselves in

the terms set forth by the Law, in order to establish

a national public security system.

Article 22. Mutilation and infamous penalties, as

well as branding, flogging, beating with sticks, and

torture of any kind, the imposition of excessive

fines, confiscation of property and any other cruel,

388 Political Constitution of the United Mexican States

unusual and transcendental punishments are

prohibited.

The attachment of all or of a portion of a person’s

property made under judicial authority to make

payment of civil liability resulting from the

commission of a crime or for the payment of taxes

or fines, shall not be deemed confiscation of property.

Nor shall the seizure of property ordered by the

judicial authority under the terms provided by

Article 109 in case of illicit enrichment, shall be

deemed confiscation; nor the seizure of goods

owned by a convict for felonies typified as organized

crime, or for those goods in respect to which the

convict acts like an owner, unless the licit origin

of these goods is proven.

The appropriations made in favour of the State of

goods it has secured, which are thereafter deemed

abandoned, in accordance with the terms of

applicable provisions, shall not be deemed

confiscation. The judiciary shall decide to take the

property in favor of the State those goods secured

by cause of an investigation or proceedings for

Transitory Articles 389

organized crime, when such investigation o

proceedings conclude without any resolution in

regards to the goods secured. The judicial decision

shall be issued upon previous proceedings where

third parties are heard and there is enough evidence

to fully establish that a felony typified as organized

crime has been committed. Provided, however, that

the defendant in such investigation or proceedings

possessed, owned or acted as possessor or owner

of such goods, even if said goods were transferred

to third parties, unless the latter prove to be possessors

or owners in good faith.

Article 73. The Congress shall have the powers:

I. To admit new States to the Federal Union;

II. (Repealed).

II. To create new States within the boundaries

of the existing ones, for which it is required:

1° The territorial area or areas seeking to become

a State must have a population of at least one

hundred and twenty thousand inhabitants.

390 Political Constitution of the United Mexican States

2° To prove to the Congress it has sufficient

elements to provide for its political existence.

3° To hear the States Legislatures whose territory

is involved, in respect to the convenience or

inconvenience of establishing the new State,

for which they are required to render their report

within six months from the date the respective

communication was delivered to them.

4° To hear the President of the Republic, who

shall send his report within seven days from

the date it was requested from him.

5° The creation of the new State must be approved

by the votes of two thirds of the Deputies and

Senators present in their respective Houses.

6° The resolution of the Congress must be ratified

by the majority of the States Legislatures, upon

previous examination of the file’s copy, provided

that the States Legislatures which territory is

involved shall have granted their consent.

7° If the States Legislatures whose territory is

involved do not grant their consent; the ratification

Transitory Articles 391

referred in the foregoing section, must be made

by two thirds of the total of the States’ Legislatures.

IV. (Repealed);

V. To change the seat of the Supreme Powers

of the Federation;

VI. (Repealed);

VII. To levy the taxes and government excises

required to cover the budget;

VIII. To establish the grounds under which the

President of the Republic may contract loans on

the Nation’s credit, and to approve said loans,

and acknowledge and order the payment of the

national debt. No loan may be contracted except

for the performance of such works which directly

produce an increase in public revenues, save

for those executed with the purpose of currency

regulation, currency translation transactions, and

those contracted during an emergency declared

by the President of the Republic under the terms

of Article 29. The Congress also has powers to

392 Political Constitution of the United Mexican States

approve annually the amounts of indebtedness

to be included in the Income Law, which are

required by the Government of the Federal

District and its public sector agencies, if any,

according to the base provided in the

corresponding Law. The President of the Republic

shall inform the Congress of the Union annually

about the exercise of said debt, wheretofore

the Chief of Government of the Federal District

shall send his own report in regards to the

application he has made of the respective

resources. The Chief of Government of the

Federal District shall likewise report the foregoing

to the Assembly of the Federal District, when

submitting the government’s accounts:

IX. To prevent the establishment of restrictions

to interstate trade;

X. To legislate for the entire Republic on

hydrocarbons, mining, motion picture industry,

trade, betting games and lotteries, financial

services and banking, nuclear and electric power;

and to enact labor laws regulating Article 123;

Transitory Articles 393

XI. To create and abolish public offices of the

Federation and to establish, increase or reduce

their compensations;

XII. To declare war on the grounds of the

information submitted by the President of

the Republic;

XIII. To enact laws in accordance to which prizes

on sea and land must be declared valid or invalid;

and to enact statutes concerning the law of the

sea for times of peace and war;

XIV. To raise and maintain the armed forces of

the Union, namely: the Army, Navy and Air Force

of the country, and to regulate their organization

and service;

XV. To make regulations with the purpose of

organizing, arming and disciplining the National

Guard, reserving for the citizens composing it,

the appointment of their respective commanders

and officers, and to the States, the power to

train them in accordance with the discipline

established in such regulations;

394 Political Constitution of the United Mexican States

XVI. To enact laws in regard to nationality, legal

status of aliens, citizenship, naturalization,

colonization, emigration and immigration and

general public health of the Republic.

1° The General Health Council shall depend

directly from the President of the Republic,

without intervention from any Secretariat, and

its general provisions shall be mandatory

throughout the country;

2° In case of serious epidemics or danger of

strike of exotic diseases throughout the country,

the Secretariat of Public Health shall be required

to immediately issue any necessary preventive

measures subject to the President of the

Republic’s subsequent approval;

3° The Public health authority is vested with

executive powers, and its provisions shall be

obeyed by the country’s administrative authorities;

4° The measures that the Council has put into

effect in the campaign against alcoholism and

the sale of substances that poison individuals

Transitory Articles 395

or degenerate the human species, as well as

those measures adopted to prevent and fight

against environmental pollution, shall thereafter

be examined by the Congress of the Union in

the cases under its jurisdiction.

XVII. To enact laws concerning general means

of communication and transportation and in

regards to mail and post offices; to enact laws

on the use and enjoyment of waters under

federal jurisdiction;

XVIII. To establish mints, to set forth the standards

of coins, to determine the value of foreign

currencies and to adopt a general system of

weights and measures;

XIX. To establish rules for the occupation and

alienation of vacant lands and to set their prices;

XX. To enact laws for the organization of Mexican

Diplomatic and Consular Service;

XXI. To establish the crimes and offences against

the Federation and to determine the punishments

to be imposed for committing them.

396 Political Constitution of the United Mexican States

Federal authorities may also take cognizance

of crimes under local jurisdiction, when these

are connected with federal crimes;

In concurring matters considered in this

Constitution, federal laws shall establish the

cases in which local authorities shall be able to

solve federal crimes;

XXII. To grant amnesties for crimes within the

jurisdiction of federal courts;

XXIII. To enact laws establishing the bases for

cooperation between the Federation, the Federal

District, the States and the municipalities, in

matters of public security, as well as in respect

to the organization and operation, enrollment,

selection, promotion and honors of members

of public security institutions under federal

jurisdiction;

XXIV. To enact the Law regulating the organization

of the Federation’s Superior Supervising Entity

and any others governing the actions, control

and assessment of the Powers of the Union and

of federal public entities;

Transitory Articles 397

XXV. To establish, organize and maintain

throughout the Republic, rural, elementary,

higher, secondary and professional education

institutions; scientific research, fine arts, and

technical education institutions; agriculture

and mining practice schools, arts and crafts

institutions, museums, libraries, observatories

and other institutions concerning the general

culture of the Nation’s inhabitants and to legislate

on all matters concerning such institutions; to

legislate on matters concerning ruins or fossil

remains, archaeological, artistic and historical

monuments, which conservation is of national

interest; as well as to enact laws aimed at

conveniently distributing between the Federation,

the States and municipalities, the exercise of the

education function and the appropriations

concerning such public service, seeking to unify

and coordinate education throughout the

Republic. The academic degrees issued by

the establishments in question shall be valid

throughout the Republic;

398 Political Constitution of the United Mexican States

XXVI. To grant leave of absence to the President

of the Republic, and to erect itself as an Electoral

College and designate the citizen who is to replace

the President of the Republic either as interim,

provisional or substitute, under the terms set

forth by Articles 84 and 85 of this Constitution;

XXVII. To accept the resignation from office of

the President of the Republic;

XXVIII. To issue laws about governmental

accounting that shall rule public accounting and

the uniform presentation of information about

finances, incomes and expenditures, as well as

patrimonial for the Federation, States,

Municipalities, the Federal District and political-

administrative organs within their territories, to

guarantee their combining with each other

nationwide;

XXIX. To establish taxes and government excises:

1° On foreign trade;

2° On the enjoyment and exploitation of those

natural resources set forth in paragraphs 4 and

5 of Article 27;

Transitory Articles 399

3° On credit institutions and insurance companies;

4° On public services under concession or

directly exploited by the Federation; and

5° Excise taxes on:

a) Electric power;

b) Production and consumption of processed

tobacco;

c) Gasoline and other products derived from

petroleum;

d) Matches;

e) Unfermented juice of the maguey and its

fermented products;

f) Forestry exploitation, and

g) Production and consumption of beer.

The States shall participate in the earnings

generated by these special taxes in the proportion

set forth by federal law. The States Legislatures

shall set the percentage corresponding to the

400 Political Constitution of the United Mexican States

municipalities, in their income from tax over

electric power service;

XXIX-B. To enact legislation with regard to the

elements and use of the National flag, coat of

arms and anthem;

XXIX-C. To enact laws establishing the concurrence

of the Federal Government, the States and the

municipalities, within their respective jurisdictions,

on matters concerning human settlements, in

order to comply with the purposes set forth

under paragraph third of Article 27 of this

Constitution;

XXIX-D. To enact laws in regards to planning

the Nation’s economic and social development,

as well as about statistical and geographical

information of national interest;

XXIX-E. To enact laws to program, promote,

negotiate, and carry out actions of economic

nature, specially the ones related to supply and

any others which purpose is to have a sufficient

and timely production of socially and nationwide

necessary goods and services;

Transitory Articles 401

XXIX-F. To enact any laws aimed at promoting

Mexican investment, regulating foreign investment,

technology transfer and production, diffusion

and application of scientific and technologic

knowledge required for national development;

XXIX-G. To enact laws establishing the concurrence

of the Federal Government, the States and the

municipalities, within their respective jurisdictions,

on matters concerning environmental protection

and preservation and restoration of ecological

balance;

XXIX-H. To enact laws instituting administrative

tribunals vested with full autonomy to issue their

judgments and in charge of settling disputes

between Federal Public Administration and

private persons, and to penalize public servants

charged with administrative responsibility as

provided by the Law, establishing the provisions

for their organization, operation, the proceedings

and the means to review its resolutions;

XXIX-I. To enact laws establishing the bases in

accordance to which the Federation, the States,

402 Political Constitution of the United Mexican States

the Federal District and the municipalities, shall

coordinate their actions in matters of civil

protection; and

XXIX-J. To legislate on matters concerning

sports, establishing general bases to coordinate

the concurrent attributions of the Federation, the

States, the Federal District and the municipalities;

as well as the participation of the private and

social sectors; and

XXIX-K. To enact laws in matters of tourism,

establishing general bases to coordinate the

concurrent powers of the Federation, States,

municipalities, and the Federal District, as well

as the participation of the social and private

sectors;

XXIX-L. To enact laws establishing the concurrence

of the Federal Government, the States and the

Municipalities, within their respective jurisdictions,

on matters concerning fisheries and aquaculture,

as well as the participation of the social and

private sectors; and

Transitory Articles 403

XXIX-M. To enact laws in matters of national

security, establishing the requirements and limits

to the corresponding investigations;

XXIX-N. To issue laws regarding the formation,

organization, functioning and suppression of

cooperatives. These laws shall establish the basis

for the concurrence regarding the promotion and

defensible development of cooperative activity

of the Federation, States and Municipalities, as

well as the Federal District, in the sphere of

their cognizance;

XXX. To enact all laws required to make effective

the foregoing powers, and any other powers

vested on the Powers of the Union by this

Constitution.

Article 115. The States shall adopt for their internal

government, the popular representative and

republican form of government, having as the basis

of their territorial division and political and

administrative organization the Free Municipality,

in accordance to the following principles:

404 Political Constitution of the United Mexican States

I. Each Municipality shall be governed by a

Municipal Council whose members shall be

chosen trough direct election by the people; it

shall be composed of a Major and the number

of Councilmen and legal representatives

established by the Law. The jurisdiction that this

Constitution grants to Municipal government

shall be exercise by the Municipal Council

exclusively and there shall be no intermediate

authority between the latter and the government

of the State.

Majors, legal representatives and councilmen of

Municipal Councils elected trough direct election

by the people, may not be reelected for the

next term. The individuals who by indirect

election or by appointment of a certain authority,

perform duties corresponding to said offices,

no matter how they are called, may not be elected

for the next term. All the officers previously

mentioned, if they shall be incumbents, they

cannot be elected for the next term as alternate

ones, but the individuals who have been

alternate may be elected for the next term as

Transitory Articles 405

incumbents unless they have exercised the

duties of the office.

State Legislatures by resolution of two thirds of

their members may suspend Municipal Councils,

declare that said councils have disappeared and

suspend or revoke the powers of any of its

members, for any of the serious causes set forth

in State law, provided that its members have

had sufficient opportunity to submit evidence

and to submit the arguments they should deem

most convenient.

If any of the members should cease to carry out

his duties, he shall be replaced by his alternate or

action shall be taken in accordance with the Law.

In the event that Municipal Council should be

declared dissolved, by cause of resignations or

by the absolute absence of the majority of its

members, if according to the Law it is not

admissible for the alternates to take office, nor

to summon to new elections, the State Legislatures

shall designate from among the residents, the

Municipal Board that shall serve until the end

406 Political Constitution of the United Mexican States

of the respective terms. Such Municipal Boards

shall be constituted by the number of members

set forth by the Law and must have the

qualifications to be eligible which are set forth

for councilmen;

II. The Municipalities shall be vested with legal

capacity and shall handle their own estate as

provided by the Law.

Municipal Councils shall have powers to approve,

according to the laws on municipal affairs which

the State Legislatures must enact, the police and

government ordinances, administrative orders

and provisions of general observance within

their respective jurisdiction, which shall organize

public municipal administration, regulate

municipal affairs, procedures, public functions

and public services under their jurisdiction and

which shall assure the participation of citizens

and residents.

The purpose of the laws referred under the

foregoing paragraph shall be to establish:

Transitory Articles 407

a) The general bases for Municipal public

administration and administrative procedure,

including review procedures and bodies to

decide disputes between said administration and

private persons, subject to the principles of

equality, publicity, due process and legality;

b) Cases requiring agreement of two thirds of

Municipal Council members, in order to issue

resolutions affecting Municipal real estate

property and to execute acts or agreements which

are binding for the Municipality for a larger term

than the term of Municipal Council;

c) General provisions to execute the agreements

set forth under sections III and IV of this Article

as well as in the second paragraph of section

VII of Article 116 of this Constitution;

d) The procedure and conditions for the State

government to take upon itself a duty or service

that is attributed to the Municipal Council when,

not having the corresponding agreement, the

State Legislature should consider that it is not

possible for the Municipality to perform them

408 Political Constitution of the United Mexican States

or provide them. In this case, it shall be necessary

a previous request from the respective Municipal

Council, approved by at least two thirds of its

members; and

e) Applicable provisions in those Municipalities

which do not have the corresponding government

ordinances or regulations.

State Legislatures shall issue the provisions

establishing the proceedings to solve the conflicts

arising between the Municipalities and the State

government or between Municipalities themselves,

by cause of actions resulting from the premises

under subsections c) and d) hereinbefore;

III. The Municipalities shall be in charge of the

following duties and public services:

a) Drinking water, drainage, sewage, treatment

and disposal of waste water;

b) Street lightning;

c) Cleaning, collection, transfer, treatment and

final disposal of solid waste;

Transitory Articles 409

d) Markets and supply centers;

e) Cemeteries;

f) Slaughterhouses;

g) Streets, parks and gardens and their furnishings;

h) Public security, in the terms set forth by Article

21 of this Constitution, Municipal and traffic

police; and

i) Any other that State Legislatures shall establish

in accordance with the social, economic and

territorial conditions of the Municipalities, as well

as with their administrative and financial capacity.

Regardless of their constitutional jurisdiction, in

the discharge of their duties or the provision

of the services entrusted to them, the

Municipalities shall abide by the provisions of

Federal and State laws.

The Municipalities, upon previous agreement,

between their Municipal Councils, may coordinate

among themselves and associate in order to

provide more efficient public services or to

410 Political Constitution of the United Mexican States

perform their corresponding duties in a better

manner. In this case and in the event of an

association of Municipalities from two or more

States, such Municipalities must have the

approval of their respective States Legislatures.

Likewise, when the respective Municipal Council

should consider it necessary, it may execute

agreements with the State so that the latter, in a

direct manner or through the corresponding

body, shall take care in a temporary manner, of

some of the aforementioned duties and public

services, or so that they may be provided or

performed in a coordinated manner by the State

and the Municipality itself;

Indigenous communities within the Municipal

scope may coordinate and establish associations

under the terms and for the purposes set forth

by the Law.

IV. Municipalities shall freely administer their

treasuries, which shall be composed with the

revenues of the estates that they own, as well

as with such taxes and government charges and

Transitory Articles 411

any other income that the Legislatures should

establish to their benefit and in any case:

a) They shall receive such taxes and duties,

including additional rates, which the State shall

establish on real estate property, on its division,

consolidation, transfer and improvement, as well

as any others that result from a change in the

value of real estate property.

Municipalities may celebrate agreements with

the State so that the latter may perform certain

functions related with the management of such

taxes and government charges.

b) The Federal grants which shall be covered

to Municipalities by the Federation, in accordance

with the bases, amounts, and terms which are

annually established by the States Legislatures.

c) Income from public services in charge of the

Municipality.

Federal laws shall not restrict the powers of the

States to establish those taxes and government

412 Political Constitution of the United Mexican States

charges provided under subsections a) and c),

nor shall they grant exemptions in relation to

thereof. State laws shall not establish exemptions

or subsidies in favor of any person or institution

in respect to said taxes and government charges.

Only the property of the Federation, the States or

the Municipalities considered as public domain,

shall be exempt, unless they are used by

decentralized agencies or Government controlled

corporations or by private persons under any

title, for administrative purposes or for purposes

different than their public object.

The Municipalities, within the scope of their

jurisdiction, shall propose to the State Legislatures

the quotas and rates applicable to taxes, duties,

public works taxes, and cadastral catalogue of

land and constructions values, used as the basis

for taxes and government charges on real estate

property.

State Legislatures shall approve the income laws

of the Municipal governments and shall review

and supervise their public accounts. The

Transitory Articles 413

expenditure budgets shall be approved by

Municipal Councils under the grounds of their

available income.

The resources constituting the Municipal treasury

shall be applied by Municipal Councils or by

whoever they shall authorize, in accordance

with the Law.

V. Municipalities, under the terms provided by

their respective Federal and States laws, shall

have the powers to:

a) Prepare, approve and administer the urban

municipal development plan and municipal

zoning;

b) To participate in the creation and management

of their territorial reserves;

c) To participate in the creation of regional

development plans which must be in accordance

with the general plans on the subject matter.

Whenever the Federation or the States should

make regional development projects they must

assure the Municipalities’ participation;

414 Political Constitution of the United Mexican States

d) To authorize, control and supervise the regime

applicable to the use of land, within the scope

of its jurisdictions and within its territory;

e) To intervene in the legalization of urban land

tenure;

f) To grant construction permits and licenses;

g) To participate in the creation and management

of natural preserve areas, and to prepare and

apply programs to regulate and organize these

issues;

h) To intervene in the preparation and application

of programs for public transportation of passengers

when these affect the scope of their territory; and

i) To enter into agreements to administrate and

guard federal zones.

In all applicable matters and in accordance with

the purposes set forth in paragraph third of

Article 27 of this Constitution, they shall issue

any necessary regulations and administrative

provisions.

Transitory Articles 415

VI. Whenever two or more urban centers located

in the Municipal territories from two or more

States, should constitute or tend to constitute a

demographic continuity, the Federation, the

respective States and the Municipalities, within

the scope of their respective jurisdictions, shall

plan and regulate in a joint and coordinated

manner, the development of said centers in

accordance with provisions of the Federal law

on the subject matter.

VII. Preventive police shall be under the

municipal president’s command in the terms of

the local Law of Public Security. Said police shall

obey the orders given by the Governor of the

State in those cases which he considers of

superior force or grave alteration of public order.

The President of the Republic shall have command

of public forces in the places where he resides

regularly or temporarily;

VIII. State laws shall introduce the principle of

proportional representation in the election of

the Municipal Councils of all the Municipalities.

416 Political Constitution of the United Mexican States

Labor relations between the Municipalities and

their workers, shall be governed by the laws

issued by the State Legislatures on the grounds

of the provisions of Article 123 of this Constitution

and its regulatory provisions;

IX. (Repealed).

X. (Repealed).

Article 123. Every person has the right to have a

dignified and socially useful job; to that end the

creation of jobs and the organization of society for

work shall be encouraged, in accordance with the

Law.

The Congress of the Union, without contravening

the following bases, will enact labor laws which

shall govern:

A. Between workers, laborers, domestic employees,

craftsmen and in general, in every labor contract:

I. The maximum working shift shall be eight hours;

II. The maximum working shift on night shall

be seven hours. Unhealthy and hazardous work,

Transitory Articles 417

nightshifts in industrial enterprises and any other

work after ten o’clock at night, are prohibited

for minors under sixteen years old;

III. It is forbidden to use the labor of minors under

fourteen years. Minors over fourteen and

under sixteen years old shall have a maximum

working shift of six hours;

IV. For every six days of work the worker is

entitled to at least, one day of rest;

V. Pregnant women shall not perform jobs which

demand considerable effort and endanger their

health in respect to their pregnancy. They shall

have a mandatory paid time off of six week before

the date approximately set for the delivery of

their child, and for another six week term

thereafter, during which they must be paid their

salary in full and shall keep their job and the

rights acquired there from. During their nursing

period they shall have two additional rest

periods per day, of half an hour each, to feed

their children;

418 Political Constitution of the United Mexican States

VI. The minimum wages that workers will enjoy

shall be general or occupational. General wages

shal l govern in f ixed geographic areas;

occupational wages apply to particular sectors

of an industry or commercial activity, or to certain

occupations, trades or specialized work.

General minimum wages must be sufficient to

satisfy the normal material, social and cultural

needs of the head of a household, and to provide

for the mandatory education of his children.

Occupational minimum wages shall be established

considering, in addition, the conditions of the

different economic activities.

Minimum wages shall be set by a National

Commission constituted by representatives of

workers, employers and government, which may

be assisted by those special advisory committees

it should deem necessary for the better

performance of its duties;

VII. The same salary shall be paid for the same

work, regardless of sex or nationality;

Transitory Articles 419

VIII. Minimum wages shall be exempted from

attachments, set-off or discount;

IX. Workers are entitled to participate in the

profits of businesses,46 subject to the following

provisions:

a) A National Commission constituted with

representatives of workers, employers and the

Government shall establish the percentage of

profits which must be distributed among the

workers;

b) The National Commission shall carry out any

necessary and appropriate research and studies

to know the general conditions of the country’s

economy. It shall likewise consider the need to

promote the country’s industrial development,

the reasonable returns that capital must earn

and necessary capital reinvestments;

c) Said Commission may review the percentage

set should any new research and studies justify it;

d) The Law may exempt newly created companies

from the duty of profit sharing during a certain

420 Political Constitution of the United Mexican States

and limited number of years, and may also exempt

works of exploration and other activities whenever

their nature and particular conditions justify it;

e) The basis to determine the amount of each

company’s profits will be the taxable income in

accordance with the provisions of Income Tax

Law. Workers may file before the corresponding

office of the Secretariat of Finance and Public

Credit,47 any objections they should deem

convenient, subject to the procedure established

by the Law;

f) Workers’ right to profit sharing does not imply

the power to intervene in the management or

direction of the business.

X. Wages must be paid precisely in currency of

legal tender, and it is not permitted to pay them

with merchandise, coupons, tokens or any other

representative sign intended as a substitute for

currency;

XI. When, due to extraordinary circumstances,

working hours must be extended; the salary to

Transitory Articles 421

be paid for overtime shall be 100% more than

the amount fixed for regular hours. Overtime

may never exceed three hours per day nor three

consecutive times. Minors under sixteen years

old may not be admitted to these types of jobs;

XII. All agricultural, industrial, mining business

or any other kind of business shall have the

duty, as set forth in Laws, to provide its workers

with comfortable and sanitary housing. This

obligat ion shal l be discharged with the

contributions made by the businesses to a

national housing fund with the purpose of

constituting deposits to the benefit of their

workers and of establishing a financing system

to provide the workers with sufficient and

inexpensive loans so that they may acquire in

ownership the dwellings mentioned.

The enactment of a law to institute a body

constituted by representatives of the Federal

Government, the workers and of the employers,

to manage the resources of the national housing

fund, is of social benefit. Said law shall regulate

422 Political Constitution of the United Mexican States

the formalities and procedures in accordance

to which the workers may acquire in ownership

the dwellings hereinbefore mentioned.

The businesses referred under paragraph first

of this section, which are located outside villages,

shall have the duty to establish schools, health

clinics and other services necessary for the

community.

Additionally, whenever the population in such

workplaces shall exceed two hundred inhabitants,

a tract of land of no less than five thousand

square meters, must be reserved for the

establishment of public markets, buildings

intended for municipal services and recreation

centers.

Establishments that sell liquors and gambling

houses are prohibited in all workplaces;

XIII. Businesses, whatever their activity, shall

have the duty to provide their workers with skills

or training for the job. The Law shall establish

the systems, methods and procedures in

Transitory Articles 423

accordance to which employers must comply

with said obligation;

XIV. Employers shall be liable for labor accidents

and for occupational diseases suffered by

workers in relation or by cause of the profession

they exercise or of the job they do. Therefore,

employers shal l pay the corresponding

indemnification, whether for the death or

temporary or permanent disability to work, in

accordance with the provisions of the Law. This

liability shall survive even when the employer

shall contract the work through an intermediary;

XV. According to the nature of his business, the

employer shall have the duty to comply with

legal provisions regarding hygiene and safety

in the facilities of his establishment, and to adopt

adequate safeguards to prevent accidents in the

use of machines, instruments and materials of

labor, as well as to organize labor in such 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. The

424 Political Constitution of the United Mexican States

laws shall provide, to that end, the appropriate

sanctions in each case;

XVI. Workers as well as employers shall be

entitled to organize themselves for the defense

of their respective interests, by constituting

unions, professional associations, etc;

XVII. The laws recognize strikes and lockouts

as rights of workers or employers;

XVIII. Strikes shall be lawful when their purpose

is the attainment of balance between the

different 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 Board

of Conciliation and Arbitration, in regards to

the date established for the suspension of work.

Strikes shall be considered illegal only when

the majority of the strikers shall engage in acts

of violence against persons or property, and

in the event of war, should they work in

establishments or services depending of the

government;

Transitory Articles 425

XIX. Lockouts shall be lawful only when an

excess of production shall render it necessary

to suspend operations in order to maintain prices

at a reasonable level over costs, and subject to

the previous approval of the Board of

Conciliation and Arbitration;

XX. Conflicts between capital and labor shall

be subjected for settlement, to the award issued

by the Board of Conciliation and Arbitration,

which shall composed by an equal number of

representatives of workers and of employers and

one of the government;

XXI. Should the employer refuse to submit his

disagreements to arbitration or to accept the

award rendered by the Board, the labor contract

shall be terminated and he shall be obliged to

indemnify the worker with three months’ wages,

in addition to the liabilities resulting from the

dispute. This provision shall not apply in cases

of the actions referred under the following

section. Should the workers reject the award,

the labor contract shall be terminated;

426 Political Constitution of the United Mexican States

XXII. An employer who dismisses a worker

without justifiable cause or for having joined

an association or union, or for having taken a

part in a lawful strike, shall be required, at the

election of the worker, either to perform the

contract or to indemnify him with the payment

of three months’ wages. The Law shall establish

the cases where the employer may be exempted

from the obligation of performing the contract

by paying an indemnity. Likewise, the employer

shall be obliged to indemnify the worker with

the wages of three months, if the latter shall

leave his job on account of the employer’s lack

of good faith or mistreatment either as to his own

person, or that of his spouse, parents, children,

or siblings. The employer cannot be exempted

from this liability when the mistreatment is

inflicted by subordinates or members of his

family acting with his consent or knowledge;

XXIII. Claims of workers for wages or salaries

earned during the preceding year and for

indemnifications shall have preference over

Transitory Articles 427

any other claims in cases of bankruptcy or

composition;

XXIV. Only the worker is liable for any debts

has contracted with his employer, or the latter’s

associates, family or dependents, and never for

any cause may payment there for be exacted

from members of the worker’s family, nor shall

said debts be claimed for an amount exceeding

the wages of the worker for one month;

XXV. Employment placement services shall be

free of charge for workers, whether they are

provided by a municipal office, by employment

bureaus or any other public or private agency.

When providing this service the demand for jobs

shall be taken into account and, in equal

conditions, the individuals who are the only

income source for their family shall have

preference;

XXVI. Any labor contract between a Mexican

citizen and a foreign employer must be legalized

before the competent municipal authority and

428 Political Constitution of the United Mexican States

bear visa by the consul of the nation to which

the worker is to go, in the understanding that,

in addition to the usual clauses, it shall clearly

provide that repatriation expenses shall be born

by the contracting employer;

XXVII. The following stipulations shall be null

and void and not binding for any of the contracting

parties, even if set forth in the contract:

a) Those providing for inhuman working shift

on account of its notorious excessiveness, in

view of the nature of the work;

b) Those providing for a salary which is not

remunerative in the judgment of the Board of

Conciliation and Arbitration;

c) Those providing a term of more than one

week for the payment of a daily wages;

d) Those providing as the place to pay wages,

an amusement place, a restaurant, cafe, tavern,

canteen, or store, when the employee does not

work in such establishments;

Transitory Articles 429

e) Those involving a direct or indirect obligation

to purchase consumption goods in certain stores

or places;

f) Those permitting to withhold wages by way

of fines;

g) Those constituting a waiver by the worker of

indemnifications to which is entitled by cause

of labor accidents or occupational diseases,

damages for breach of contract or for being

discharged from a job;

h) Any other provisions implying a waiver of

any of the rights vested in the worker by the

laws to protect and help workmen;

XXVIII. The laws shall establish what property

constitutes the family patrimony. These goods

shall be inalienable, not subject to mortgage or

attachment, and may be bequeathed with

simplified formalities in succession proceedings;

XXIX. The enactment of a Social Security Law

is of public interest and it shall include insurance

against disability, old age, life, unemployment,

430 Political Constitution of the United Mexican States

illness and accidents, child day care, and any

other intended for the protection and welfare

of workers, peasants, non-salaried persons and

other social sectors and their families;

XXX. Likewise, cooperative associations for the

construction of cheap and sanitary dwelling

houses, intended to be acquired in ownership

by workers within certain periods, shall be

considered of social utility;

XXXI. Enforcement of labor laws pertains to the

authorities of the States within their respective

jurisdictions, except for the following matters

which are under the exclusive jurisdiction of

federal authorities:

a) In relation to industrial branches and services:

1. Textile;

2. Electric power;

3. Motion pictures;

4. Rubber;

5. Sugar;

Transitory Articles 431

6. Mining;

7. Metallurgical and steel, including exploitation

of basic minerals, and their processing and

smelting, as well as the manufacture of metallic

iron and steel in all their forms and alloys, and

the rolled products there of;

8. Hydrocarbons;

9. Petrochemical;

10. Cement;

11. Lime;

12. Automobiles, including electric or mechanical

automobile parts;

13. Chemical, including pharmaceutical and

medical chemicals;

14. Cellulose and paper;

15. Vegetable oils and fats;

16. Food processing, including only the

manufacture of bottled, canned or packed food

or of those intended there for;

432 Political Constitution of the United Mexican States

17. Manufacture of bottled or canned beverages

or of those intended there for;

18. Railroads;

19. Basic lumbering, which includes the

production of sawmills, and the manufacture of

plywood or agglutinated wood products;

20. Glass, exclusively in respect to the manufacture

of plain, carved or flat glass, or of glass containers;

21. Tobacco, which includes the processing and

manufacture of tobacco products; and

22. Banking and credit services.

b) Business Enterprises:

1. The ones decentralized or administered directly

by the Federal Government;

2. Those acting through a federal contract or

concession and the industrial enterprises in

connection thereto;

Transitory Articles 433

3. Those carrying out works in federal zones or

zones under federal jurisdiction, in waters of

territorial sea, or those comprised within the

Nation’s exclusive economic zone.

Federal authorities also have under their

exclusive jurisdiction: the application of labor

provisions in matters relating to conflicts

affecting two or more States; collective labor

contracts which have been declared mandatory

in more than one State;48 employers’ obligations

in educational matters, under the terms set forth

by the Law; and in respect to employers’ duties

in matters of on the job training courses for

their workers, as well as safe and sanitary

conditions in work centers, for which federal

authorities shall have the support of State

authorities, when dealing with branches or

activities under local jurisdiction, as provided

by the corresponding Law.

B. Between the Powers of the Union, the

Government of the Federal District and its

workers:

434 Political Constitution of the United Mexican States

I. The maximum working shift and nightshift

shall be of eight and seven hours, respectively.

Exceeding hours shall be overtime and shall be

paid an additional 100% over the remuneration

fixed for regular services. In no case may overtime

work exceed three hours daily nor three

consecutive times;

II. For every six days of work the worker is

entitled to at least, one day of rest; with full

payment of wages;

III. Workers shall enjoy vacations which shall

never be less than twenty days per year;

IV. The wages shall be fixed in the respective

budgets, and their amount may not be reduced

while such budgets are in force;

Salaries may never be inferior to general minimum

wages for workers in the Federal District and in

the States;

V. The same salary shall be paid for the same

work, regardless of sex;

Transitory Articles 435

VI. Withholdings, discounts, deductions or

attachments over wages may only be made in

the cases provided by the laws;

VII. The appointment of personnel shall be

made by systems which permit the assessment

of the skills and aptitudes of applicants. The State

shall organize schools of Public Administration;

VIII. Workers shall be entitled to rights of

classification scale so that promotions may be

made on the grounds of skills, aptitudes and

seniority. Under the same conditions, the

individual representing the only source of

income for his family shall have preference;

IX. Workers may only be suspended or dismissed

for a cause, under the terms provided by the Law.

In the event of wrong discharge the worker has

the right to chose between reinstatement in his

work or the corresponding severance payment,

upon previous legal proceedings. In the case

of cancelled posts, the affected workers shall

be entitled to obtain another job equivalent to

436 Political Constitution of the United Mexican States

the one cancelled or to the indemnification

payment established by the Law;

X. Workers have the right to associate for the

defense of their common interests. They may

likewise exercise their right to strike upon

previous fulfillment of the requirements set forth

by the Law, in respect to one or several agencies

of Government Powers, whenever the rights

vested on them by this Article are infringed in

a general and systematic manner.

XI. Social security shall be organized in accordance

with the following minimum bases:

a) It shall cover labor accidents and occupational

diseases; non-occupation illnesses and maternity;

retirement, disability, old age and death.

b) In case of accident or illness, the right to the

job shall be retained for the time set forth by

the Law.

c) Pregnant women shall not perform jobs which

demand considerable effort and endanger their

Transitory Articles 437

health in respect to their pregnancy. They shall

have a mandatory paid time off of one month

before the date approximately set for the delivery

of their child, and for another two months term

there after, during which they must be paid their

salary in full and keep their job and the rights

acquired there from. During their nursing period

they shall have two additional rest periods per

day, of half an hour each, to feed their children.

In addition they shall enjoy medical and obstetrical

attention, medications, nursing aids; and childcare

services.

d) Members of the workers’ family must be

entitled to medical assistance and medications,

in the cases and in the proportion established

by the Law.

e) Vacation and rehabilitation centers, as well

as economy stores for the benefit of workers

and their families shall be established.

f) Workers shall be provided with low cost

housing for rent or sale in accordance with the

programs previously approved there to fore.

438 Political Constitution of the United Mexican States

Additionally, the State shall establish a national

housing fund with the contributions it shall

make, with the purpose of constituting deposits

to the benefit of said workers and to establish a

financing system to provide the workers with

sufficient and inexpensive loans so they may

acquire in ownership comfortable and sanitary

housing, or to build, repair, or improve their home

or to pay loans acquired there for.

The contributions for such fund shall be paid

to the agency in charge of social security. The

formalities and procedure in accordance to

which such fund shall be managed and to which

the corresponding credits must be granted and

adjudged, shall be govern by its law and by

any other applicable laws;

XII. Individual and collective labor disputes, as

well as disputes between trade unions must be

submitted to the Federal Conciliation and

Arbitration Board for Government Employees,49

which shall be constituted as provided in the Law.

Transitory Articles 439

Disputes between the Judicial Power of the

Federation and its employees shall be settled

by the Council of the Federal Judiciary. Disputes

between the Supreme Court of Justice and its

employees shall be decided by the latter;

XIII. Military and navy personnel, members of

the Foreign Service,50 agents of the Public

Prosecutor and members of police institutions

shall be governed by their own laws.

The State shall provide active members of the

Army, Air Force and Navy, the benefits under

subsection f) of section XI of Subdivision B of

this Article, in similar terms and through the

agencies in charge of providing social security

services for the members of said institutions; and

Members of police agencies of the Municipalities,

the States, the Federal District, and the Federation,

may be removed from office whenever they do

not fill the qualifications to continue in their

job, as provided by the laws in force at the moment

of their removal. In such event, the reinstatement

or restitution in office shall not be admissible,

440 Political Constitution of the United Mexican States

regardless of the proceeding or remedy brought

forth to dispute the removal and only a severance

indemnification shall be admissible, if appropriate.

The removal of any other public officers referred

in this section shall be subject to applicable legal

provisions.

XIII BIS. The central bank and the agencies of

Federal Public Administration which comprise

the Mexican Banking System shall govern their

labor relations with their employees in accordance

to the provisions set forth in this Subdivision of

this Article;

XIV. The Law shall determine the offices to be

considered positions of non-tenure. The

individuals holding those positions shall be

entitled to salary protection measures and social

security benefits.

DECREE OF REFORMS AND ADITIONS OF SEVERAL ARTICLES OF THE POLITICAL CONSTITUTION OF THE UNITED MEXICAN STATES, PUBLISHED ON THE OFFICIAL GAZETTE OF THE FEDERATION ON JUNE 18TH 2008.

SOLE ARTICLE. ARTICLES 16, 17, 18, 19, 20, 21 AND 22; SECTIONS XXI AND XXIII OF ARTICLE 73; SECTION VII OF ARTICLE 115 AND SECTION XIII OF ARTICLE 123, SUBSECTION B), OF THE POLITICAL CONSTITUTION OF THE UNITED MEXICAN STATES, ARE REFORMED AS FOLLOWS:

TRANSITORY ARTICLES

First. The present Decree shall be enforced the

day after it has been published in the Diario Oficial

de la Federación, with the exception of that

established in the following transitory articles.

Second. The accusatory criminal system established

in articles 16, second and thirteenth section; 17,

third, fourth, and sixth; 19; 20 and 21, seventh

the Constitution, will be enforced when the

corresponding ordinary legislation establishes it,

without this being able to exceed a term of eight

441

442 Political Constitution of the United Mexican States

years, starting the next day of the publication of

this Decree.

Therefore, the Federation, States, and Federal

District, in their respective jurisdictions, shall issue

and enforce the modifications or legal orders that

are necessary for the incorporation of the accusatory

criminal system. The Federation, States, and Federal

District will adopt the accusatory criminal system

in the modality they determine, be it regional or

according to the crime as defined by Law.

When the legal orders mentioned in the previous

paragraph are published, the competent legislative

powers or organs shall issue, as well, a declaration

that shall be published in the official organs of

promotion, which shall explicitly express that the

accusatory criminal system has been incorporated

to such orders and that, therefore, the guarantees

that this Constitution establishes will begin to

regulate the form and terms in which criminal

proceedings will be carried out.

Third. Regardless of that established in the second

transitory article, the accusatory criminal system

Transitory Articles 443

established in articles 16, second section and

thirteenth; 17, third, fourth, and sixth sections; 19;

20 and 21, seventh section of the Constitution, shall

be enforced the day after this Decree has been

published in the Diario Oficial de la Federación in

the federal entities that already have it incorporated

in their current legal systems, being fully valid the

procedural acts practiced that are based on such

systems, regardless of the time that they went into

force. For such an effect, they shall issue the

declaration established in the second transitory

article.

Fourth. The criminal proceedings initiated prior

to the enforcement of the new accusatory criminal

system established in articles 16, second section

and thirteenth; 17, third, fourth, and sixth section;

19; 20 and 21, seventh section of the Constitution,

will be concluded according to the provisions that

were in force prior to such an act.

Fifth. The new reintegration system established in

the second section of article 18, as well as the

regime of modification and duration of penalties

444 Political Constitution of the United Mexican States

established in the third section of article 21, shall

be enforced when the corresponding ordinary

legislation establishes it, without this being able to

exceed the term of three years, starting the day

after the publication of this Decree.

Sixth. Organized crime laws of the federal entities

shall continue to be enforced until the Congress

of the Union exercises the power established in

article 73, subsection XXI, of this Constitution. The

criminal proceedings initiated with a base on such

laws, as well as the sentences issued with a base

on such laws, shall not be affected by the enforcement

of the federal legislation. Therefore, they shall be

concluded and executed, respectively, according

to the provisions that were in force before the

enforcement of the latter.

Seventh. The Congress of the Union, within sixth

months after this Decree has been published, shall

issue the law that establishes the National System

of Public Safeity. The federal entities shall issue,

within a year after this Decree has been published,

the laws of this matter.

Transitory Articles 445

Eight. The Congress of the Union, the Legislatures

of the states, and the legislative organ of the Federal

District shall destine the necessary resources to the

reform of the criminal justice system. The budget

accounts shall be established in the budget that

immediately follows the enforcement of this decree

and in the subsequent budgets. This budget shall

be destined to the design of legal reforms,

organizational changes, construction and operation

of infrastructure, and the necessary training for

judges, agents of the Public Prosecutor, police

officers, defenders, experts, and attorneys.

Ninth. Within the two months following the

enforcement of this Decree, an instance of

coordination shall be created, integrated with

representatives of the Executive, Legislative, and

Judicial Branches, the academic sector, and civil

society, as well as Conferences of Public Safety,

Administration of Justice, and Presidents of Courts,

which shall have a technical secretariat that will

aid and support local and federal authorities

whenever they request it.

446 Political Constitution of the United Mexican States

Tenth. The Federation shall create a special fund

for the financing of the activities of the technical

secretariat established in the ninth transitory article.

The funds shall be assigned based on the abidance

of the obligations and the ends established by Law.

Eleventh. As soon as the accusatory criminal

system is enforced, the agents of the Public

Prosecutor determined by law may petition the

judge to order the house arrest of a suspect when

it comes to felonies and for a term that does not

exceed forty days.

This measure will proceed as long as it is necessary

for the success of the investigation, the protection

of persons or legal goods, or when there is a founded

risk that the suspect will evade the action of justice.

BIBLIOGRAPHY

Becerra, Javier F., Dictionary of Mexican Legal

Terminology, México, Escuela Libre de Derecho, 1999.

Campbell Black, Henry, Black’s Law Dictionary, 6th

ed., St. Paul, Minnesota, Abridged, West Publishing

Co., 1991.

Garner, Bryan A., A Dictionary of Modern Legal Usage,

New York, USA, Oxford University Press, 1984.

Hoagland, Alexander C., Company Formation in

Mexico, Section F Labour Laws, London, Lloyds

Bank International Ltd., 1980.

Solis, Gerardo & Gasteazoro, Raul A., Diccionario

Legal Español-Inglés/Inglés-Español, St. Paul,

Minnesota, West Publishing, Co., 1992.

447

448 Political Constitution of the United Mexican States

West III, Thomas L., Spanish English Dictionary of

Law and Business, Atlanta, Georgia, Protea

Publishing, 1999.