This Constitution is an expression of the Mexican People’s will to create a democratic, social, secular Nation organized as a republic and in accordance to the principles of sovereignty, freedom, justice, equality, fairness, dignity and legal certainty. The objective of this Nation shall be the creation of a plural, educated and healthy society that enhances its wellbeing and abolish any exclusion. Its domestic governance and its international relations shall promote the development and protection of human rights, peace and solidarity among all people.
In the United Mexican States, all individuals shall be entitled to the Human Rights granted by this Constitution and the international treaties signed by the Mexican State, as well as to the guarantees for the protection of these rights. Such Human Rights shall not be restricted or suspended, except for the cases and under the conditions established by this Constitution itself.
The provisions relating to human rights shall be interpreted according to this Constitution and the international treaties on the subject, working in favor of the broader protection of people at all times.
All authorities, in their areas of competence, are obliged to promote, respect, protect and guarantee Human Rights, in accordance with the principles of universality, interdependence, indivisibility and progressiveness. As a consequence, the State must prevent, investigate, penalize and rectify violations to Human Rights, according to the law.
Any form of discrimination, based on ethnic or national origin, gender, age, disabilities, social status, medical conditions, religion, opinions, sexual orientation, marital status, or any other form, which violates the human dignity or seeks to annul or diminish the rights and freedoms of the people, is prohibited.
The nation is multicultural, based originally on its indigenous peoples, described as descendants of those inhabiting the country before colonization and that preserve their own social, economic, cultural and political institutions, or some of them.
Indigenous people’s right to self-determination shall be subjected to the Constitution in order to guarantee national unity. States’ and Federal District’s constitutions and laws must recognize indigenous peoples and communities, taking into account the general principles established in the previous paragraphs, as well as ethnic-linguistic and land settlement criteria.
II. Apply their own legal systems to regulate and solve their internal conflicts, subjected to the general principles of this Constitution, respecting the fundamental rights, the human rights and, above all, the dignity and safety of women.
III. Elect, in accordance with their traditional rules, procedures and customs, their authorities or representatives to exercise their own form of internal government, guaranteeing the right to vote and being voted of indigenous women and men under equitable condition; as well as to guarantee the access to public office or elected positions to those citizens that have been elected or designated within a framework that respects the federal pact and the sovereignty of the states. In no case the communitarian practices shall limit the electoral or political rights of the citizens in the election of their municipal authorities.
VI. Attain with preferential use of the natural resources of the sites inhabited by their indigenous communities, except for the strategic resources defined by this Constitution. The foregoing rights shall be exercised respecting the forms of property ownership and land possession established in this Constitution and in the laws on the matter as well as respecting third parties’ rights. To achieve these goals, indigenous communities may form partnerships under the terms established by the Law.
VII. Elect indigenous representatives for the town council in those municipalities with indigenous population. The constitutions and laws of the States shall recognize and regulate these rights in the municipalities, with the purpose of strengthening indigenous peoples’ participation and political representation, in accordance with their traditions and regulations.
The constitutions and laws of the States shall recognize and regulate these rights in the municipalities, with the purpose of strengthening indigenous peoples’ participation and political representation, in accordance with their traditions and regulations.
In order to protect this right, in all trials and proceedings that involve natives, individually or collectively, their customs and cultural practices must be taken into account, respecting the provisions established in this Constitution. Indigenous people have, at all times, the right to be assisted by interpreters and counsels, who are familiar to their language and culture.
The constitutions and laws of the States and the Federal District shall establish those elements of self-determination and autonomy that may best express the conditions and aspirations of indigenous peoples in each State, as well as the rules, according to which indigenous communities will be defined as public interest entities.
To promote the equal access to opportunities for the indigenous populations and to abolish any discriminatory treatment against them, the Federation, States and Municipalities shall establish the institutions needed and the required policies to ensure that the rights are respected and to guarantee the comprehensive development of their communities. The policies mentioned shall be designed in collaboration with these populations.
The law shall establish the obligations that each authority has to eliminate the scarcities and backwardness affecting indigenous towns and communities. In order to enforce the obligations set forth herein, the House of Representatives, the legislative bodies of the Federal District and the States, as well as the Municipal Councils, within the scope of their jurisdictions, shall establish specific budgets to comply with these obligations, as well as the procedures enabling communities to participate in the exercise and supervision of these procedures.
Any community comparable to indigenous peoples shall have the same rights as the indigenous people, according to the law, without detrimental to rights of natives, their communities and peoples established in this Constitution.
The State –Federation, States, Federal District and Municipalities– will provide preschool, elementary, middle and high education. Preschool, elementary and middle educations are considered as basic education; these and the high school education will be mandatory. All education that the State provides shall be free of charge.
In addition to the State duties mentioned in the previous paragraph, the State shall behold all the educational types and modes, including the preschool and professional educations that are necessary for the development and progress of the Nation. The State shall promote scientific and technological research and shall foster the diffusion of our culture.
The State will guarantee the quality in mandatory education, in a way that educational material and methods, school organization, educational infrastructure and the suitability of teachers and principals ensure the highest learning achievement of students. The National Institute for the Evaluation of Education will be in charge of coordinating the National System for the Evaluation of Education.
Education provided by the State shall develop harmoniously all human abilities and will stimulate in pupils the love for the country, respect for Human Rights and the principles of international solidarity, independence and justice. It will behold the following provisions:
I. According to the Article 23 regarding the freedom of religion, the education provided by the State shall be secular, therefore, state education shall be maintained entirely apart from any religious doctrine.
b) Be national, which means that, without hostility or exclusivism, state education shall cover national problems and the utilization of our resources, shall defend our political independence, assure our economic independence, and preserve and develop our culture;
c) Contribute to a better human coexistence, in order to strengthen the appreciation and respect for cultural diversity, human dignity, the integrity of the family, the convictions over society’s general interest, the fraternity and equality of rights of all, avoiding privileges based on race, religion, group, sex or individuals, and
III. To fully comply with the provisions established in the fifth paragraph and under section II, the Federal Executive shall establish the syllabus for preschool, elementary and secondary education, as well as for teacher training colleges, to be applied throughout the country. To that end, the Federal Executive shall take into account the opinion of the States’ and the Federal District’s governments, as well as the opinions of civil society groups involved in education, teachers and parents, in accordance with the law.
IV. The admission to teaching positions and the promotions to management and supervisory positions in basic and medium education ran by the State shall be granted through competitive contest that shall guarantee that the knowledge and abilities are suitable for the teaching position.
The statutory law will set the criteria, terms and conditions of the mandatory evaluation for the admission, promotion, acknowledgment and continuance in the professional service with full respect to the constitutional rights of education workers. All admissions and promotions not granted according to law shall be deemed null and void. The provisions in this paragraph shall not be applicable to institutions referred to in the last paragraph of this article;
V. Private entities may provide all kinds of education. In accordance with the law, the State shall have powers to grant and cancel official accreditation to studies done at private institutions. In the case of pre-school, elementary and secondary education, as well as teacher training college, private schools must:
In order to unify and coordinate education throughout the country, the Congress of the Union shall issue the necessary laws to allocate the social duty of education among the Federation, the States and the Municipalities, and shall establish the pertinent budget and the penalties applicable to those civil servants who fail to comply or enforce these provisions, and to any other offender thereof.
Universities and other higher education institutions, upon which the law has conferred autonomy, shall have both the powers and the duty to govern themselves. They must subject themselves to the principles established in this article to educate, do research and promote culture, respecting academic freedom, researching freedom, freedom to apply exams and to discuss ideas. These institutions shall develop their academic plans and programs; they shall establish the terms for admission, promotion and tenure of their academic personnel; and they shall manage their estate. Labor relationships between institution and academic and administrative personnel shall be governed by section A of article 123 of this Constitution, in accordance with the terms of the National Labor Act for a specially regulated work, without interfering with the autonomy, academic freedom, research freedom and the goals of the institutions referred herein,
Boys and girls have the right to having their nutritional, health, educational and recreational needs satisfied for their proper development. This principle should guide the design, enforcement, following up and evaluation of the public policies focused on childhood. The State, in all decisions it makes and all actions it carries out, will safeguard and comply with the principle of doing what is in the best interest of children, thus entirely guaranteeing their rights.
Ascendant relatives and guardians have the obligation of maintaining and demanding the compliance of these rights and principles. The State will grant aid to individuals in order to assist with the compliance of the rights of children.
The State will guarantee such right and the law will define the bases, subsidies and modality for the equitable and sustainable access and use of the freshwater resources, establishing the participation of the Federation, local governments and municipalities, as well as the participation of the citizens for the achievement of such purposes.
The State shall provide the means to spread and develop culture, taking into account the cultural diversity of our country in all its forms and manifestations, and respecting creative freedom. The law shall provide instruments that guarantee access and participation of any cultural expression.
No person may be prevented from performing the profession, industry, business or work of his choice, provided that it is lawful. This right may only be banned by judicial resolution, when third parties’ rights are infringed, or by government order, issued according to the law when society’s rights are infringed.
No one can be compelled to work or render personal services without obtaining a fair compensation and without his full consent, unless the work has been imposed as a penalty by a judicial authority, which shall be subjected to the provisions established in the Article 123, sections I and II. No one can be deprived of legal wages, except by a judicial ruling.
A work contract will oblige the person only to render the service mentioned in that contract during the term established by law, which may not exceed one year in detriment of the worker. The work contract cannot include the waiver, loss or damage of any political or civil right. In the event that the worker fails to fulfill said contract, he only may be subjected to civil liability, but never may be exerted any coercion on him/her.
Only the following public services may be mandatory, and always according to the respective law: military service, jury service, councilmen service and positions granted through the direct or indirect vote. Electoral and census duties shall be mandatory and free; however, those services performed professionally shall be paid as provided by this Constitution and any applicable laws. Social professional services shall be mandatory and remunerated according to the law and with the exceptions established in it.
Likewise, any contract by which a person agrees to his own proscription or exile, or by which he temporarily or permanently waives his right to practice certain profession, industry or business shall not be authorized either.
Freedom of speech, opinion, ideas and information through any means shall not be abridged. Said right shall neither be prevented through any indirect means, such as abuse of official or private control over paper, radio electric frequencies or any other devices used to deliver information, or through any other means of information technologies.
No statute or authority shall establish prior restraints, nor shall it abridge freedom of speech, except when the expression of ideas goes against the moral, privacy or the rights of third parties, causes perpetration of a felony, or disturbs the public order. The right of reply shall be exercised according to law. Under no circumstances shall the assets used for the transmission of information, opinions and ideas be subject to seizure on the grounds of being an instrument of a felony.
Every person shall be entitled to free access to plural and timely information, as well as to search for, receive and distribute information and ideas of any kind, through any means of expression. The State shall guarantee the right to information.
The Congress shall issue a general law to set the basic principles, basis and procedures for the exercise and interpretation of the right to access public information. Federal and local laws that regulate the matter shall be in accordance to the general law and shall behold the principle of maximum publicity. They shall also behold the following provisions:
II. The mechanisms to access information and expedite review procedures shall be established. These procedures must be formalized before specialized and impartial autonomous agencies established by this Constitution.
III. The law shall determine the information that is considered as reserved or confidential and shall protect, according to the exceptions stated therein, the data that is considered private or that refers to personal data.
The State shall guarantee access to information and communication technology, access to the services of radio broadcast, telecommunications and broadband Internet. To that end, the State shall establish effective competition conditions for the provision of such services.
The broadcasting of publicity or propaganda presented as information coming from news or reports is prohibited. The conditions to be met by the content and the contracting of the service for its broadcasting to the public shall be established, including those relative to the liability of concessionaires with regard to the information broadcasted for thirds parties, without prejudice to the freedom of speech and broadcasting.
Public officers and employees will respect the exercise of the right to petition provided that petition is made in writing and in a peaceful and respectful manner. Regarding political petitioning, only citizens have this right.
The right to peacefully associate or assembly for any licit purpose cannot be restricted. Only citizens of the Republic may take part in the political affairs of the country. No armed meeting has the right to deliberate.
Meetings organized to make a petition or to submit a protest to any authority cannot be considered as unlawful, nor be broken, provided that no insults are uttered against the authority and no violence or threats are used to intimidate or force the decision of such authority.
The inhabitants of the United Mexican States have the right to keep arms at home, for their protection and legitimate defense, with the exception of those prohibited by the Federal Law and those reserved for the exclusive use of the Army, Navy, Air Force and National Guard. Federal Law will state the cases, conditions, requirements and places where inhabitants can be authorized to carry weapons.
Every person has the right to enter and leave the country, to travel through its territory and to move house without the necessity of a letter of safe passage, passport, safe-conduct or any other similar requirement. In the event of criminal or civil liability, the exercise of this right shall be subject to the judicial authority. Relating to limitations imposed by the laws on immigration, emigration and public health, or in respect to aliens residing in the country, the exercise of this right shall be subject to the administrative authority.
Any person has the right to seek asylum in cases of persecution for political motives; asylum shall be granted for humanitarian reasons. The law shall regulate the grounds to request the asylum as well as the exceptions.
Military courts under no case and for no circumstance can extend their jurisdiction over persons who are not members of the Armed Forces. Civilians involved in military crimes or faults shall be presented to the competent civil authority.
The United Mexican States does not allow agreements of international treaties for extradition when the person to be extradited is politically persecuted, or accused of ordinary crime while having the condition of a slave in the country where he/she committed the crime, as well as the agreements or treaties that alter the human rights established by this Constitution and the international treaties signed by the Mexican State.
No one can be deprived of his freedom, properties, possessions or rights without a trial before previously established courts, complying with the essential formalities of the proceedings and according to those laws issued beforehand.
In civil trials, final sentence must be in accordance to the textual statement or the law or its legal interpretation. In the case of lack of the appropriate law, sentence must be based on the general principles of law.
The Federation, the States and the Federal District shall establish, within the field of their respective powers, an integral justice system for minor offenders that shall be used for those persons that have been found guilty of committing or participating in a crime as stated by the law and that their age ranges from twelve years old and less than eighteen years old. The system shall guarantee the human rights recognized by this Constitution for every person, as well as those specific rights that due to the their status as a person under development have been granted to children.
In each level of government, the management of this system will be organized by institutions, courts and authorities specialized on justice administration and legal proceedings regarding teenagers. The system shall use advice, protection and treatment methods that apply on each particular case following the principles of comprehensive protection and superior interest of the teenager.
The judicial process for teenager’s justice shall be through an oral adversarial system in which due process shall be strictly followed as well as the principle of independence among authorities in charge of the process or the conviction. Measures imposed to teenagers shall be proportional to the misconduct and shall seek teenager’s social and family reintegration, as well as the complete development of his person and capabilities. Confinement shall only be used as an extreme measure and for the briefest period of time that applies to the case. Confinement can be applied only to teenagers above fourteen years old who have committed or participated in an act that the law describes as a crime.
No person shall be disturbed in his private affairs, his/her family, papers, properties or be invaded at home without a written order from a competent authority, duly explaining the legal cause of the proceeding.
All people have the right to enjoy protection on his personal data, and to access, correct and cancel such data. All people have the right to oppose the disclosure of his data, according to the law. The law shall establish exceptions to the criteria that rule the handling of data, due to national security reasons, law and order, public security, public health, or protection of third party’s rights.
Only judicial authority can issue an arrest warrant. Such arrest warrant shall always be preceded by a formal accusation or charge of misconduct considered as criminal offence, punishable with imprisonment, provided that there is evidence to prove that a crime has been committed and that the defendant is criminally liable or participated in the criminal activity.
The authority executing an arrest warrant shall bring the accused before the judge without any delay and under its sole responsibility. Fail to comply with this provision will be punished under criminal law.
In cases of flagrante delicto, any person may arrest the offender, turning him over without delay to the nearest authorities, which in turn, shall bring him before the Public Prosecution Service as briefly as possible. A record of such arrest must be done immediately.
The Public Prosecution Service may order arrest of the accused, explaining the causes of such decision, only when it is an urgent case of a serious crime as described by the law and when there is a reasonable risk that the suspect can escape to avoid justice. This may only apply when by reason of the time, place or circumstance, the accused cannot be brought before judicial authority.
No accused person shall be held by the Public Prosecution Service for more than forty-eight hours. After this term, his release shall be ordered or he shall be brought before a judicial authority. Such term may be duplicated in the cases described by the law. Any abuse shall be punished by criminal law.
In the case of organized crime, and at the request of the Public Prosecution Service, judicial authority can order to put a person into hold restraint whenever necessary for the success of the investigation, the protection of people or legal goods, or when there is reason to believe that the accused could avoid the action of justice. This action must comply with the terms of time and place established by law and without exceeding forty days. The forty days term can be extended, provided that the Public Prosecution Service proves that the causes that originate hold restraint still remain. In any case, the hold restraint shall not last more than eighty days.
Private communications shall not be breached. The law shall punish any action against the liberty and privacy of such communications, except when they are voluntarily given by one of the individuals involved in them. A judge shall assess the implications of such communications, provided they contain information related to the perpetration of a crime. Communications that violate confidentiality established by law shall not be admitted in any case.
Only the federal judicial authority can authorize telephone tapping and interception of private communications, at the request of the appropriate federal authority or the State Public Prosecution Service. The authority that makes request shall present in writing the legal causes for the request, describing therein the kind of interception required, the individuals subjected to interception and the term thereof. The federal judicial authority can authorize telephone tapping nor interception of only in criminal cases. No authorization shall be granted to tap or intercept the communications between an accused and his/her lawyer.
Control judges shall, immediately and by any means, solve the precautionary measures requests and investigation techniques, ensuring compliance with the rights of the accused and the victims. A comprehensive registry of all the communications between judges and the Public Prosecution Service and other competent authorities shall be kept.
Administrative authorities shall have powers to search private households only in order to enforce sanitary and police regulations. Administrative authorities can require the accounts books and documents to corroborate compliance with fiscal provisions, following the procedures and formalities established for search warrants.
During peacetime, no member of the Army can be quartered in a private house against the owner’s will, nor can the army member impose any requirements to the owners of the house. During a war, soldiers can demand lodging, baggage, food and other requirements in the terms set forth by the applicable martial law.
All people have the right to enjoy justice before the courts and under the terms and conditions set forth by the laws. The courts shall issue their rulings in a prompt, complete and impartial manner. Court’s services shall be free, judicial fees are prohibited.
The laws shall provide alternative mechanisms to resolve controversies. Regarding to criminal matter, the laws shall regulate application of such mechanisms, ensure redress or retribution and establish the cases in which judicial supervision is required.
The Federation, the States and the Federal District must guarantee the existence of a quality public defender office and shall provide the conditions for a professional career service for the defenders.
The Mexican Congress shall enact laws to regulate class actions. Such laws shall establish the cases in which each law applies, as well as the judicial proceedings and the remedies for redress. Only the federal judges have jurisdiction on these proceedings.
Prison system shall be organized on the basis of the respect for human rights. The system shall consider the principles of work, training, education, health and sports as a means to achieve inmate’s social rehabilitation and pursuing that the inmate will not commit a crime again, following the benefits that the law establishes for him/her. Women and men shall be imprisoned in separate places.
Convicts may serve their sentence in the penitentiaries closer to their home, in order to encourage their reintegration to the community. This provision shall not be applicable to organized crime and to inmates who require special security measures.
Special centers shall be created for preventive imprisonment and for penalties regarding organized crime. The competent authority can restrict communication between accused person or prisoner and third parties in the event of organized crime, except for defender. The authority also can impose measures of special surveillance on these inmates. This provision can be applied to other inmates who require special security measures.
The Federation, the States and the Federal District can make and execute agreements to send the inmates convicted for crimes under its jurisdictions to serve their sentence in other prisons under a different jurisdiction.
Mexicans who are serving imprisonment penalties in foreign countries may be brought to the United Mexican States to serve their sentences according to the rehabilitation systems provided in this article. Foreigners who are serving imprisonment penalties may be transferred to their countries, in accordance with international treaties. Prisoner must grant his/her consent for the transfer.
Any detention before a judicial authority in excess of 72 hours is prohibited without presenting formal charges indicating the crime, place, time and circumstances of such crime; as well as the evidence of the crime and of the probable liability of the accused. The time for detention is counted from the moment the accused is presented to the authority.
The Public Prosecution Service can request the judge preventive prison only when other precautionary measures are not enough to ensure the presence of the accused in his trial, the development of the 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 an intentional crime. Also, the judge will order preventive prison, by its own motion, in cases of serious crimes as stated by the law.
The term to issue the association order may be extended only at the request of the accused, according to the procedure set forth by the law. Prolonging the detention shall be sanctioned by penal law. The authority in charge of the establishment where the accused is shall attract the judge’s attention if it does not receive a copy of the detention order or the extension request in the term indicated above as soon as the term ends. If the authority does not receive the detention order within the next three hours, the accused shall be freed.
Every proceeding will treat only the crime or crimes mentioned in the detention order. If within the course of proceedings, another crime appears, it shall be charged on a separate investigation. Charge accumulation may be ordered, if appropriate.
In the event that the accused evades the justice or is transferred to a foreign judge, after the detention order has been issued for an organized crime charge, the trial and the expiry date of the criminal action will be suspended.
Any mistreatment during the arrest or imprisonment, any annoyance without legal justification, any tax or contribution in jails, constitute an abuse which the law shall correct and the authorities shall repress.
Criminal proceedings will be oral and adversarial. It shall be ruled by the principles of open trial, contradiction, concentration, continuity and contiguity, and shall comply with the regulations set forth by the law.
Any confession made without the assistance of a defender shall have no weight as evidence. All forms of intimidation, torture and lack of communication are forbidden and shall be punished by the law. The law shall establish benefits for the accused or convicted person who provides effective assistance in the investigation of felonies according to the provisions set forth by the law.
To that end, the law will establish the time frame considered as necessary and the judicial authority shall assist defendant to enforce appearance of those witnesses whose testimony he may request, in the terms set forth by the law.
VII. The accused shall be tried within a term of four months in the case of crimes punishable with a maximum penalty of two years of imprisonment; and within a period of one year if the crime is punishable with a penalty exceeding such term, unless he requests a longer term to prepare his defense.
If he does not want a lawyer or cannot appoint one at the moment of request, the judge shall appoint a public defender. The defendant has the right that his lawyer appears in every acts of the process. Defendant’s lawyer is obliged to appear in all the acts related to defendant’s proceeding.
Preventive prison cannot exceed the time established by law as maximum punishment for the crime in question. In no case, preventive prison shall exceed the term of two years, unless defendant asks for a longer time to prepare his defense. If after said term a sentence has not been pronounced, the defendant shall be freed immediately while the trial continues. However, other precautionary measures may be used.
I. The victim has the right to be informed about the rights that this Constitution grants to his/her favor; and whenever he should so require it, to be informed about the state of the criminal proceedings
VI. The victim has the right of reparation. Whenever it should be legally admissible, the Public Prosecution Service is obliged to require redress. The victim also can request such redress by himself.
The Public Prosecution Service shall ensure the protection of victims, offended parties, witnesses and all others who take part in the trial. The judges are obliged to oversee proper compliance with this obligation.
IX. The victim can contest, before the judicial authority, the Public Prosecution Service’s omissions in the criminal investigation, as well as the resolutions with reservation, lack of exercising, abandonment of criminal prosecution or proceeding suspension when redress has not been completed.
The exercise of the criminal prosecution before the courts is exclusive to the Public Prosecution Service, which may consider the opportunity criteria to that effect given the provisions stated by the law.
Penalties of death, mutilation, infamy, marks, physical punishments, torture, excessive fines, confiscation of assets, and other cruel punishments are prohibited. Every penalty shall be in proportion to the crime committed and to the legally protected interest.
Appropriation of assets shall not be considered as confiscation when such appropriation is ordered by the authority for the payment of taxes, fines or civil liability. Appropriation in the following cases shall not be deemed as confiscation: appropriation of property ordered by the judicial authority under the terms provided by Article 110 in case of illicit enrichment; appropriation of seized goods that were abandoned by the owner; and appropriation of goods, which ownership has been declared extinct by a sentence. The law shall establish the crimes and properties to which this may apply, as well as the legal instruments by which people that consider themselves as affected by this appropriations may challenge the judicial action and prove the legal precedence of the properties and that they acted under good will.
It is the administrative authority’s responsibility to apply the penalties for breaking government or police regulations. Such penalties may be fines, arrest up to thirty-six hours or community work. The fine may be exchanged by the appropriate incarceration term, which shall never exceed thirty-six hours.
Every person has the right to have freedom of ethical convictions, of conscience and of religion, and to have or to adopt, as the case may be, the one of her preference. Such freedom includes the right to participate, individually or collectively, in both public and private ceremonies, worship or religious acts of the respective cult, as long as they are not a felony or a misdemeanor punished by law. No person is allowed to use these public acts of religious expression with political ends, for campaigning or as means of political propaganda.
In case of invasion, serious civil unrest or any other event which may place society in severe danger or conflict, only the President of the Republic can suspend, throughout the country or in a certain region, those constitutional rights and guarantees which may constitute obstacles for the State to face the situation easily and rapidly as required by the emergency. For this purpose, the President must obtain the Congress of the Union’s approval, or in the recess, the Permanent Committee’s approval. Such suspension of constitutional rights and guarantees shall be temporary through general provisions, never a suspension can be applied on a single person. If suspension of constitutional rights and guarantees is requested within the period when the Congress is working, it shall grant the necessary authorizations for the President to cope with the situation. However, if suspension is requested during the Congress recess, the Congress will be convened immediately so it can agree about the authorizations required.
However, the decrees enacted under the situations described in the previous paragraph cannot restrict or suspend the exercise of the following rights and principles: the right to non-discrimination, the right to legal personality, the right to life, the right of personal integrity, the right of protection to the family, the right to have a name, the right to have a nationality, the children’s rights, the political rights, the freedom of thought, the freedom of religion, the principles of legality and retroactivity, the prohibition on the death penalty, the prohibition on slavery and servitude, the prohibition of disappearance and torture, nor the judicial guarantees that are necessary to protect these rights and principles.
Restriction or suspension of constitutional rights and guarantees should be based and justified on the provisions established by this Constitution, should be proportional to the danger, and should behold the principles of legality, rationality, notification, publicity and non-discrimination.
When the restriction or suspension of the constitutional rights and guarantees ends, because the deadline was met or the Congress so ordered, all legal and administrative measures taken during the restriction or suspension will be void immediately. The President of the Republic cannot make comments to the decree, through which the Congress revokes the restriction or suspension of the constitutional rights and guarantees.
The decrees enacted by the President of the Republic, during the restriction or suspension of the constitutional rights and guarantees, shall be immediately reviewed by the Supreme Court of Justice of the Nation, which shall rule on their constitutionality and validity as soon as possible.
The Congress of the Union and the state legislatures, under their respective jurisdictions, shall establish agencies directed to protect the human rights which are recognized by the Mexican legal system. Such entities shall receive all the complaints against administrative actions or omissions committed against human rights by any public office or employee, except for the officials working for the federal judicial branch. These agencies shall not have jurisdiction over electoral and jurisdictional matters.
These agencies shall issue public recommendations, which shall not be compulsory. They also shall file accusations and complaints with the appropriate authorities. All public servants are obliged to answer the recommendations issued by these agencies. When the authorities or public servants responsible do not accept or enforce these recommendations, they must substantiate such refusal and make their refusal public. In addition, the Senate, the Permanent Committee or the state legislatures, as appropriate, may call, at the request of these agencies, the authorities or public servants responsible to appear and explain the reasons of such refusal.
The election of the President of the National Human Rights Commission and the members of the Board of Advisors shall be subject to a public consultation procedure, which shall meet the requirements established by law.
The National Human Rights Commission can investigate serious violations of human rights when it considers so or at the request of the President of the Republic, the Senate, the House of Representatives, a governor, the Head of the Federal District Government, or a state congress. Likewise, The National Human Rights Commission shall hear complaints against the resolutions, covenants and omissions made by the state human rights commissions.
The state constitutions and the Federal District Charter shall establish and guarantee the autonomy of the agencies that protect the human rights and their members shall be elected through a public consultation procedure in the terms described by the law.
The Congress of the Union shall regulate the creation, organization, functioning and responsibilities of the agencies in charge of the protection and promotion of the Human Rights referred in this Article. It shall behold the following provisions:
A. The National Institute for the Evaluation of Education will be an autonomous public agency, with legal personality and its own patrimony. The Institute shall evaluate the quality, performance and results of the national educational system in the preschool, elementary, junior high and high school in the terms set forth by the law. The Institute shall govern its activities according to the principles of independence, transparency, objectivity, pertinence, diversity and inclusion. The law shall establish the necessary mechanisms and actions to allow efficacious cooperation and coordination between the Institute and the federal and local education authorities. The Governing Board will be the managing body of the Institute. The law shall establish the requirements, terms, proceedings and other conditions related to the election, functions and substitutions of the board members, as well as the election of its president.
The Governing Board will be the managing body of the Institute. The law shall establish the requirements, terms, proceedings and other conditions related to the election, functions and substitutions of the board members, as well as the election of its president.
B. The National Institute for Transparency, Access Information and Protection of Personal Data shall be an autonomous, specialized agency with legal personality and endowed with its own patrimony. This agency is responsible to guarantee the right of access to public information and the protection of personal data. This agency will be governed by the principles of certainty, legality, independence, impartiality, efficiency, objectiveness, professionalism, transparency and maximum publicity. It shall also be granted with full technical and managerial autonomy, as well as autonomy to control its budget.
The autonomous transparency agency has competence to receive inquiries related to the right of access to public information and the protection of personal data from any authority, entity, organism or agency that belongs to any of the Executive, Legislative or Judicial Powers, as well as any autonomous agency, political parties public trusts and public funds, or any other person, group, union or organization that receives or use public resources or that exercise authority at the federal domain with exception of those issues that correspond to the jurisdiction of the Federal Supreme Court, in which case the a committee of three Supreme Court Justices would decide the issue.
The autonomous transparency agency has, also the competence to receive the inquiries from individuals in regard to the resolutions issued by the local autonomous specialized transparency agencies and the Federal District transparency agency that ruled the inexistence, reserve, and confidentiality of information or that refuses to disclose information according to the terms established by law. Likewise, the National Institution for Transparency, Access Information and Protection of Personal Data ex officio or by substantiated petition of the local agency from the States or the Federal District may receive or analyze the inquiries that due to its importance or transcendence are in the interest of the agency.
The resolutions of the National Transparency Agency are mandatory, definitive and indisputable for the obligors. Only in the cases that the resolutions may be considered to attempt to public security according to the law in the matter, the Legal Councilor of the Federal Government may present a review inquiry to the Supreme Court.
Every authority and public servant is compelled to help the National Institution for Transparency, Access Information and Protection of Personal Data to ensure the adequate performance of the Agency. The law will establish the alternative measures and procedures that the Agency could implement to guarantee the fulfillment of its decisions.
The law shall establish the requirements, terms, proceedings and other conditions related to the election, functions and substitutions of the commissioners, its president and the consultation board members.
C. The Public Broadcasting System of the Mexican State shall be a decentralized public agency with technical, operative and managerial autonomy, that shall provide non-profit broadcasting to secure access to the population at large in each and every one of the Federation’s jurisdictions, to media contents that promote: national integration; educational, cultural and civic training; gender equality; supply of impartial, timely and truthful information about national and international news, allowing for the broadcasting of independent productions, as well as the expression of diverse and pluralistic opinions that strengthen societal democratic life.
The law shall establish the requirements, terms, procedures and other conditions related to the nomination, responsibilities and substitution of the president and the members of the citizen council. The council shall have the responsibility to guarantee the independence of the system and that it has an impartial and objective editorial policy.
CHAPTER III On Democratic Planning and the Economic and Social Regime
A. The Nation has direct dominance on all minerals and substances that are in seams, layers, masses or deposits and that have a nature different from the components of the soil, such as minerals from which metals and metalloids are extracted; beds with gemstones or salt; salt mines formed by seawater; the products derived from rock breaking, when their exploitation requires underground works; minerals or organic deposits susceptible to be utilized as fertilizers; solid mineral fuels; petroleum and all solid, liquid or gaseous hydrocarbons; all the natural resources of the continental shelf and the seabed of the islands; and, the space located over national territory, according to the extension and terms established by International Law.
The following elements are the property of the Nation, according to the extension and terms established by International Law: waters of the territorial sea; internal sea waters; waters of lagoons and estuaries permanently or intermittently connected with the sea; waters of natural lakes which are directly connected with streams constantly flowing; rivers, from the site where the first permanent, intermittent or torrential waters start to flow, to the mouth in the sea, lakes, lagoons or estuaries owned by the nation; waters of the continuous or intermittent currents and their direct or indirect affluent, whenever their bed serves as border of national territory or between two states, or when they flow from one state to another or cross the country’s border; waters of lakes, lagoons or estuaries, which vessels, zones or shores are crossed by borderlines dividing one or more states or between the country and a neighboring country, or when the shoreline serves as a border between two states or between the country and a neighboring country; waters of springs flowing from beaches, maritime areas, streams, vessels or shores; waters extracted from mines; and the internal beds, shores and banks. Underground waters may be freely extracted by artificial works and may be appropriated by the owner of the land. However, when the public interest so requires or whenever other uses are affected, the President of the Republic may regulate extraction and use of underground waters and, even, establish prohibited zones. The same criteria shall apply to other waters belonging to the nation. Any other waters not included in the foregoing list, shall be considered as an integral part of the land through which they flow. Nevertheless, if such waters are located in two or more properties, their use shall be considered as public, complying with provisions issued by the states.
In the cases referred to in the two previous paragraphs, the dominion by the State shall be inalienable and imprescriptible, and the exploitation, use or development of those resources, be that by individuals or by corporations incorporated in accordance with Mexican laws, shall not be carried out but through concessions granted by the Federal Executive in accordance with the rules and requirements so established by the laws; exception be made of broadcasting and telecommunications concessions, which shall be granted by the Federal Telecommunications Institute. Legal norms regarding works or efforts to exploit minerals and others substances referred to in paragraph four shall govern the execution and oversight of those carried out, or that ought to be carried out as of their entry into force, regardless of the granting date of the concessions, and the breach thereof shall result in the termination of the concessions.
The Nation has sovereign rights and jurisdiction on the exclusive economic zone, situated outside and beside the territorial sea. The exclusive economic zone stretches from the seaward edge of the country’s territorial sea out to two hundred nautical miles. In cases where said zone should produce a superposition over the exclusive economic zones of other countries, fixing of the boundaries shall be done through agreements with such countries.
B. The property of all land and water within national territory is originally owned by the Nation, who has the right to transfer this ownership to particulars. Hence, the Nation establishes the private property.
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 use 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, appropriate measures shall be issued to put in order human settlements and to define adequate provisions, reserves and use of land, water and forest. Such measures shall seek construction of infrastructure; planning and regulation of the new settlements and their maintenance, improvement and growth; preservation and restoration of environmental balance; division of large rural estates; collective exploitation and organization of the farming cooperatives; development of the small rural property; stimulation of agriculture, livestock farming, forestry and other economic activities in rural communities; and to avoid destruction of natural resources and damages against property to the detriment of society.
I. Only Mexicans by birth or naturalization and Mexican companies have the right to own lands and waters, and to obtain exploitation licenses for mines and waters. The State may grant the same right to foreigners, provided that they agree before the Ministry of Foreign Affairs to consider themselves as Mexicans regarding such property and not to invoke the protection of their governments in reference to said property, under penalty of forfeiting the property in favor of the country. Foreigners cannot acquire properties within the zone that covers one hundred kilometers along the international borders and fifty kilometers along the beach. By no means, foreigners can acquire direct dominance rights over lands and waters.
The State can authorize foreign States to acquire real estate for their embassies or legations in the same city where federal government powers reside, in accordance to the principle of reciprocity and to the national public interest and at consideration of the Foreign Affairs Ministry.
III. Public and private charitable institutions, devoted to public assistance, scientific research, education, mutual assistance to their members, or any other lawful purpose cannot acquire other real estate than that which is essential to fulfill their objective, according to the regulatory law.
V. Duly authorized banks, in accordance with the credit institutions law, can have capital imposed on urban and rural properties, but they cannot hold in property or in management, any more real estate than that which is entirely necessary to fulfill their direct objective.
VII. The legal personality of farming cooperatives and communal land is recognized and their ownership over the land is protected, whether for human settlements or for productive activities. The law shall protect the wholeness of the indigenous groups’ lands.
a. All appropriation of lands, waters and mountains from towns, villages, settlements or communities, made by political chiefs, governors or any other local authority in contravention of the law published on June 25, 1856, and other applicable laws and provisions;
b. All concessions, arrangements or sales of lands, waters or mountains, made by the Secretariat of Public Works, the Department of the Treasury or any other federal authority from the first day of December, 1876, to this date, which have illegally invaded farming cooperatives, indigenous land or lands of any other kind belonging to towns, villages, or communities.
c. All demarcation procedures, transactions, transfers or auctions performed during the period mentioned in previous paragraph and made by companies, judges or federal or state authorities, which have illegally invaded farming cooperatives, indigenous land or lands of any other kind belonging to towns, villages, or communities.
The only lands excepted from the nullity herein mentioned are those which have been distributed in accordance with the Law published on June 25, 1856, and have been owned for more than ten years, provided that the area does not exceed fifty hectares.
IX. Division or distribution made with error or vice among neighbors of a rural settlement may be annulled at the request of the three quarters of the neighbors who possess one quarter of the lands in question; or at the request of one quarter of the neighbors who possess three quarters of the lands in question.
The law shall establish the land extension in hectares that do not exceed the small farming property per individual and their equivalence to the irrigated lands, seasonal lands, pasture lands, mountain or forest lands.
The law shall establish the land extension for breeder activities that do not exceed the small farming extension in terms of the number of animals according to the species that the land can properly hold.
If the owner or user of a small breeding property improves the land the area so utilized shall not exceed the limits established in the corresponding law and that correspond to the type of lands that were registered before the improvement.
XI. Federal and State Congresses shall enact laws establishing the procedures to transfer and divide out into plots large areas of land exceeding the limits set forth under sections IV and X of this Article.
Excess land shall be partitioned and sold by the owner within a term of one year from the date of notification. If at the end of such term the excess land has not been transferred, it shall be sold by public auction. Under equal conditions, the right of preference established in the Statutory Law shall be respected.
XII. All contracts and concessions executed by previous governments, since 1876 to date, which have resulted in monopolization of national lands, waters and natural resources, under one sole person or company are subject to review by the President of the Republic and he is empowered to declare any of them null and void whenever they imply a serious damage to public interest.
XIII. Based on this Constitution, the State shall establish the measures required to provide agrarian justice in a prompt and honest manner, in order to guarantee legal certainty in land ownership, farm ownership and small property. The State shall provide legal advisers for farm workers. The law shall establish agrarian courts.
Federal and State laws, according to their respective jurisdiction, shall establish the cases in which expropriation of private property is necessary for the public welfare, issuing the corresponding statement. Compensation for expropriation shall be based on the property value registered in the records of the land registry or Tax collector’s office, regardless such value has been defined by the owner or by the State and tacitly accepted by owner when paying taxes. Only the increased or decreased value of said private property, due to any improvements or deteriorations made after the tax appraisal, can be subjected to assessment by experts and to judicial resolution. Objects, which value is not fixed in tax collector’s office, can also be subjected to assessment by experts and to judicial resolution.
The Nation shall execute the actions established in this Article through judicial proceedings. During said proceedings and under the appropriate court’s order, which shall be issued within one month, administrative authorities shall occupy, manage, auction or sell the lands or waters in question along with their appurtenances. In no case may such actions be revoked by the corresponding authorities before the execution sentence is pronounced.
The State shall command the development of the Nation to: be integral and sustainable; strengthen national sovereignty and democracy; and, through competitiveness, fostering economic growth, employment rates and a fair distribution of income and wealth, to allow the full exercise of liberty and dignity to individuals, groups and social strata, which security is protected by this Constitution. Competitiveness shall be understood as those conditions necessary to generate increased economic growth while promoting investment and job creation.
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 frame of liberties established by this Constitution.
The State shall promote the stability of public finances and of the fiscal system to create favorable conditions for economic growth and employment. The National Development Plan, the states and municipals development plans shall follow this principle.
The public, social and private sectors shall contribute to the national economic development, with social responsibility, without detriment to other forms of economic activity that contribute to the development of the country.
These activities shall not be granted as concessions regardless that the State can make agreements with corporations or individuals in the terms provided by the law. The law shall establish the mechanisms and roles in which private parties can participate in activities related to the electric industry.
This activities are not subject to concessions. In order to obtain revenue for the State and contribute to the long-term development of the Nation, the State shall explore for and exploit oil and other hydrocarbons through assignment to productive state-owned companies, or through contracts to be executed with them or private parties, in accordance with the implementing law. To fulfill the purpose of said allocations and contracts, the productive state-owned companies may enter into contracts with private parties. In any event, subsoil hydrocarbons shall remain property of the Nation and it shall be so expressed in the allocation and contracts.
The State shall have a public trust denominated Mexican Oil Fund for Stabilization and Development, which fiduciary agent shall be the Central Bank, that will be tasked, under the terms set forth by the laws, with receiving, managing and distributing revenues, taxes excluded derived from allocations and contracts referred in the last paragraph.
The State shall have the agencies and companies required to efficiently manage the strategic and priority areas, where it may participate alone or together with the private and social sectors. The Federal Government shall always retain the property and control over those agencies and companies. In the aforementioned cases, a law shall establish the rules concerning the administration, organization, functioning, procurement and other legal acts to be executed by the State-owned companies, as well as the remuneration regime for the personnel, to guarantee its efficiency, efficacy, honesty, productivity, transparency and accountability in accordance with best practices; the law shall also determine other activities that they may carry out.
Likewise, the State may, alone or together with the social and private sectors, stimulate and organize such areas, which are a priority for development, in accordance with the law. Satellite communications and railroads are priority areas for national development; the State shall protect national security and sovereignty when exercising its ruling power and, when granting concessions or permits, it shall maintain or establish its dominion of the means of communication in accordance with applicable laws.
Social and private sector enterprises shall be supported and fostered under criteria of social equity, productivity and sustainability, subject to the public interest and to the use of the productive resources for the general good, preserving them and the environment.
The Law shall establish mechanisms to facilitate organization and expansion of economic activity of the social sector: farming cooperatives (ejidos), workers’ organizations, cooperatives, rural communities, enterprises which are majority or exclusively owned by workers and, in general, all the different social organizations for production, distribution and consumption of such goods and services that are necessary for society.
The State shall provide good conditions to achieve total development in rural communities, for the purpose of creating jobs, guaranteeing welfare of the peasant population and their participation in national development. The State shall stimulate agricultural, livestock and forestry activities for optimal uses of the land through infrastructure works, supply of raw materials, credits, training and technical support. The State shall also issue the statutory law for planning, organization, industrialization and marketing of agricultural and livestock production, since these are activities of public interest, as well as laws to guarantee the sufficient and timely supply of basic nourishment foods as established by law.
The law shall promote and protect economic activities carried out by private parties and it shall also generate those conditions necessary to foster private sector growth leading to the benefit of national economic development, promoting competitiveness and implementing a national policy aimed at industrial development that shall include sectorial and regional components, according to the terms set forth by this Constitution.
B. The State shall organize a democratic planning system to support national development, which shall provide solidity, dynamism, competitiveness, continuity and equity to economic growth for the political, social and cultural independence and democratization of the nation.
National objectives included in this Constitution shall determine national planning. National planning shall be democratic and deliberative. Through the democratic participation mechanisms, the planning system shall collect the different aspirations and demands from the whole society to include them into the development programs and to the National Development Plan. All the programs carried out by the federal government must be subjected to the National Development Plan.
The law shall empower the President of the Republic to establish the appropriate procedures of popular participation and consultation for the national democratic planning system, as well as the criteria to prepare, implement, control and assess the development plan and programs. The law shall determine which agencies shall be responsible for the planning process and shall also determine the basis upon which the President of the Republic shall coordinate, through agreements with state governments and through agreement with private parties, the activities intended to prepare and implement the National Development Plan. The National Development Plan shall take into consideration the continuity and necessary adaptations of the national policy for the industrial development, paying attention to sectorial and regional considerations.
The State shall have a National System of Statistical and Geographical Information, which shall provide official data. All data contained in this system shall be use mandatorily for the Federation, the States, the Federal District and the Municipal Councils, according to the law.
Consequently, the law shall severely punish, and authorities shall efficaciously police, all concentration or hoarding of articles deemed of necessary consumption in one or few hands, which purpose is to generate a price increase; every contract, procedure or combination of producers, industrialists, traders or service entrepreneurs resulting in restraint of free trade and competition among themselves, or forcing consumers to pay unreasonable prices, and, in general, any action resulting in an exclusive, unwarranted advantage in favor of one or many determined persons with prejudice for the general public or a social class.
Unions and workers associations will not be considered monopolies, which have been constituted to protect their own interests. Producers’ cooperatives or associations will not be considered monopolies either, provided that their objective is to sell directly in foreign markets the domestic and industrial products which are the main source of wealth in the region where they are produced or which are not essential products. Such associations shall always be under the supervision or protection of federal or state government and shall obtain the previous authorization from the appropriate legislative body. Such legislative bodies can repeal any authorization granted to constitute the associations in question, by themselves or by the President of the Republic’s request.
Privileges granted for a given period of time to authors and artists for them to produce their pieces of work and to inventors and those individuals who improve inventions will not be considered monopolies.
The laws shall establish bases to set maximum prices for articles, commodities or products considered as essential for the country’s economy or for popular consumption. Such laws shall also define distribution of said articles, commodities and products, in order to prevent that unnecessary or excessive intermediation cause shortage or price increases. The law shall protect and promote the organization of consumers for the better protection of their interests.
The State can grant concessions for the provision of public services or for the exploitation and use of property owned by the Nation, except for the exceptions established by the law. The laws shall set forth the requisites and conditions to guarantee that licensed services will be efficient and goods will be used for society’s interest and will prevent concentration activities that go against public interest.
Subsidies can be granted to economic key activities, provided that such benefits general and temporary and do not impact substantially the Nation’s finances. The State shall supervise application of subsidies and evaluate their results.
The Mexican Congress shall regulate the integration, organization, tasks and functioning of the State agencies and offices that are needed in order to fulfill the objectives and provisions stated in this chapter. This agencies shall behold the following principles:
A. The State shall have a Central Bank, called Banco de Mexico, which shall be autonomous in the exercise of its functions and its administration. Its primary objective shall be to attain the stability of the purchasing power of the national currency, strengthening the guiding role of the State with regard to national development. No authority can order the Central Bank to provide financing.
The Central Bank shall regulate exchange rates, as well as banking and financial services, in accordance with the law and with the intervention of any competent authorities. The Central Bank shall have all the necessary powers to carry out said regulation and the enforcement thereof.
B. The State shall have a Federal Economic Competition Commission, which shall be autonomous, shall have legal entity and endowed with its own property. It shall guarantee free competition and maximize turnout to the marketplace, as well as prevent, investigate and police monopolies, monopolistic practices, economic concentrations and any other restrictions to the efficient operation of markets, in accordance with the Constitution and the law. The Commission shall have all the necessary powers to: efficaciously accomplish its task, including the power to issue orders to remove competition barriers and free access to the marketplace; regulate access to essential raw materials; and order divestment of certain assets, rights, stakes or shares of economic agents, in the proportion needed to remove anti-competitive effects.
The Federal Telecommunications Institute shall be autonomous, shall have legal entity and endowed with its own property. It shall aim for the efficacious development of the broadcasting and telecommunications sector in the Nation, according to the provisions set forth by the Constitution and the laws. To that end, it shall regulate, promote and oversee the use, enjoyment and exploitation of the radio electric spectrum, the networks and the performance of broadcasting and telecommunication services, as well as the access to active and passive infrastructure and to other essential materials, to guarantee the following principles:
II. Telecommunications are deemed as public services of general interest and, therefore, the State shall guarantee that they are offered under competitive conditions, with quality, plurality, universal coverage, interconnection, convergence, continuity, free access, and free from arbitrary interferences.
III. Broadcasting is deemed as public services of general interest and, therefore, the State shall guarantee that it be offered with quality and under competitive conditions, to deliver the benefits of culture to the population, preserving plurality and veracity of the information so broadcasted, as well as the promotion of national identity values, contributing to the goals established in Article 3 of this Constitution.
The Federal Telecommunications Institute shall also be the authority in charge of economic competition for the broadcasting and telecommunications sectors. The Institute shall exclusively exercise the powers established in this article and the laws in favor of the Federal Economic Competition Commission.
The Institute shall have the power to grant, revoke, as well as authorize assignment, changes of control, ownership or operation of legal entities in connection with broadcasting and telecommunications concessions.
All concessions of radio electric spectrum shall be granted through a public call for bids, according to the principles and mechanisms that the law describes. The Institute shall provide for an effective punitive scheme that will include, as grounds for revoking the concession and the mechanism to do so.
The Federal Economic Competition Commission and the Federal Telecommunications Institute shall be independent agencies in their functioning and decision-making processes, professional in the performance of their roles, and impartial in their proceedings. They shall follow the principles and basis established by law.
The executive bodies of both the Institute and the Commission shall be formed by the number of commissioners set forth by the law. The law shall establish the requirements, terms, procedures and other conditions relative to their nomination, duties, staggered substitution, as well as the designation of its president.
C. The National System of Statistical and Geographical Information shall have technical, and management autonomy, legal personality and its own assets. It shall be responsible to rule and coordinate the National System of Statistical and Geographical Information and shall have the necessary power to regulate data collection, processing and publication of information, as well as to enforce its rulings.
The organism shall have a Board of Government. The law shall establish the requirements, terms, procedures and other conditions relative to the number, nomination, tasks and staggered substitution of its members, as well as the nomination of its president.
The law shall define the organization and functioning of the National System of Statistical and Geographical Information, according to the principles of access to information, transparency, objectivity and independence.
D. The State shall establish a National Council for the Evaluation of the Social Development Policy, that shall be an autonomous entity with legal personality and own assets. This Council shall be responsible for the poverty measurement and the evaluation of programs, objectives, goals, actions of the policies related to social development, the Council may also issue recommendations according to the terms established by law, which also states the coordination mechanisms between this entity and the federal, local and municipal authorities to exercise its functions.
The Council shall be formed by the number of councilors that the law determines. The law shall establish the requirements, terms, procedures and other conditions relative to the number, nomination, tasks and staggered substitution of its members, as well as the nomination of its president.
Each year, the President of the National Council for the Evaluation of the Social Development Policy shall present a report of activities before both Chambers of the Congress according to the law provisions.
E. The Executive Branch shall have coordinated regulatory agencies for the energy sector, denominated National Hydrocarbons Commission and Energy Regulatory Commission, in accordance with the terms set forth by the law.
Public security is a responsibility of the Federation, the Federal District, the States and the Municipal Councils. Public security includes prevention of crimes, investigation and prosecution, as well as punishment for breaking the administrative rules, according to the law and the respective provisions stated in this Constitution. Performance of the institutions in charge of public security shall be ruled by the principles of legality, objectivity, efficiency, professionalism, honesty and respect to the human rights acknowledged by this Constitution.
Institutions in charge of public security shall be of a civil nature, disciplined and professional. The Public Prosecution Service and the police forces of three government levels shall coordinate each other to guarantee public security, these institutions shall constitute the Public Security National System. The law shall establish the basis for this system to operate.
CHAPTER V On the Mexican Nationality
b) Those born in a foreign country which are sons/daughters of Mexican parents born in national territory, of Mexican father born in national territory, or of Mexican mother born in national territory;
b) Any foreign woman or man who marries a Mexican man or woman and establishes residence inside the Mexican territory, provided that foreigner complies with the other requirements set forth by the law for that purpose.
a) If the person voluntarily acquires a foreign nationality, pretends to be foreign citizen when subscribing any public document, uses a foreign passport or accepts or uses nobility titles which imply submission to a foreign State.
C. The law shall regulate the exercise of the rights that the Mexican legislation grants to its citizens that also have a second nationality and shall issue norms to avoid double citizenship conflicts.
The government positions and offices that by the terms established in this Constitution require to be a Mexican citizen by birth shall be reserved to those citizens that meet this criteria and that do not acquire another nationality. This provision shall also apply to the cases stated by other laws enacted by the Mexican Congress.
During peacetime, foreigners shall neither serve in the Army nor in the police or security bodies. During peacetime, only Mexicans by birth can serve in the Army, in the Navy or in the Air Force as well can perform any employment or commission within such corporations.
The same condition applies to captains, pilots, skippers, ship engineers, flight engineers and, in general, to every crew member in a ship or an airplane carrying the Mexican flag. In the same way, only Mexicans by birth can be port harbor masters, steersman and airport superintendents.
Mexicans shall have priority over foreigners, under equal circumstances, for all kind of concessions, employments, positions or commissions of the government in which the status of citizenship is not indispensable.
I. To make their children or pupils attend to the public or private schools to receive preschool, elementary, middle and higher education and the military education under the terms set forth by the law.
II. To assist at the date and time established by the Municipal Council of their place of residence, to have civic and military training in order for them to be able to exercise their citizen rights and to have the appropriate knowledge about military discipline and firearms handling.
III. To join the Nation Guard, according to the pertinent organic law, in order to defend and assure the Nation’s independence, territory, honor, rights and interest, as well as to maintain the domestic peace and order.
IV. To contribute to the public expenditures of the Federation, the Federal District, the States or the Municipalities in which they have residence in the proportional and equity manners that the law has established.
CHAPTER VI On Foreigners
The individuals that do not meet the criteria established in Article 32 of this Constitution shall be considered as foreigners. They shall be entitled to the human rights and guarantees conferred by this Constitution.
The President of the Republic, having a previous hearing, shall have the power to expel from national territory any foreigner on the grounds that the law provides. The law shall establish the administrative procedure for this purpose, as well as the place where the foreigner should be detained and the time that the detention lasts.
CHAPTER VII On Mexican Citizens
IV. If the person accepts titles or employment from other country’s government without approval of the Federal Executive, except by literary, scientific or humanitarian titles, which can be freely accepted.
The right to request registration as candidates before the electoral authority corresponds to the citizens that request it in an independent manner, given that they meet all the requirements, conditions and terms set by the law;
VII. To initiate laws, according to the terms and requirements established by this Constitution and the Law that governs the Congress. The National Electoral Institute will have the faculties granted in this matter by law; and,
I. To register at the respective tax office, declaring his/her property and the professional activities or work that he/her performs. Likewise, every citizen must register in the National Citizen Register, according to the law.
The National Citizen Register, its organization and permanent functions, as well as the issuance of the document that certifies the Mexican citizenship are public services under the State and citizen responsibility according to the provisions stated by the law;
I. Unjustifiably failure to comply with the duties imposed by Article 37. This suspension shall last for one year and shall be imposed along with any other punishment which can be applied for such failure under the law.
CHAPTER I On National Sovereignty and National Government
The national sovereignty is vested, originally and essentially, in the people. Public power comes from the people and it is institutionalized for the people’s benefit. People, at all times have the inalienable right to change or modify its form of government.
Is in the will of the Mexican people to constitute into a representative, democratic, secular, federal, Republic, made up by free and sovereign States in everything related to its domestic regime, but united in a federation established according to the principles of this fundamental law.
People exercise its sovereignty through the Powers of the Union and the state powers, according to the distribution of jurisdictions established in this Constitution and the respective States’ Constitutions. The states’ constitution, by no means shall challenge the stipulations and premises of the federal pact.
Section I Elections
The legislative and the executive branches of Federal Government shall be renewed by the means of free, authentic and periodical elections, according to the basis and terms that this Constitution and the laws establish.
A. The law shall establish the requirements and the procedures to the selection and nomination of candidates to positions subject to popular election. Likewise, it shall establish the regulations for the run-up campaigns and the political campaigns. Independent candidates shall have access to the campaign prerogatives in the terms considered by the law.
B. The National Electoral Institute shall be the only authority to manage media time for the State in radio and television to fulfill its own means and for the national political parties to exercise its rights, according to the law.
No private individual or legal entity can buy airtime on television or radio to influence political preference, or to promote or attack certain candidate or party. Such kind of media messages that have been contracted in a foreign country cannot be transmitted in the Mexican territory.
For electoral aims in the Mexican States, the National Electoral Institute shall allocate and manage the airtime in radio and television in stations and channels with coverage in the given state, according to the terms established by law.
If the National Electoral Institute considers that total airtime in radio and television granted by this and the previous paragraphs were not enough for its own purposes, for another electoral authority’s purposes or for the independent candidates, it can issue orders to cover the deficit within the powers vested to it.
During federal and local election campaigns until the election day, all governmental advertising shall be suspended, regardless that it belongs to federal, state or municipal government, or to the Federal District government or to any other governmental agency. The only exceptions shall be: informative campaigns carried out by electoral authorities, educational and health campaigns and civil protection campaigns in the event of emergencies.
The National Electoral Institute, through expedite proceedings described by law, shall investigate the transgressions of these dispositions and will produce a file of these violations to present it before the Electoral Court of the Federal Judicial Power for their knowledge and consideration. During this procedure, the Institute may establish precautionary procedures such as the immediate cancellation or suspension of any message transmitted by radio or television, as established by the law.
D. A judicial appeal system shall be established in accordance to this Constitution and to the law in order to protect the constitutionality and the legality principles, under which electoral decisions and resolutions must be made. Such system shall provide definitive resolutions in every stage of election process and shall protect the citizens’ political right to vote, right to be elected and right to assembly, according to the Article 100 of this Constitution.
The previous violations shall be presented in a physical and objective manner. Violations shall be presumed to be determinant when the voting difference between the first and second candidate is less than five percent.
The federal and local electoral laws shall be enacted and issued at least ninety days before the electoral process begins given that these laws will be applied. During the electoral process there shall not be any fundamental legal modifications.
Section II On the Electoral Agencies
The State is responsible for the electoral organization. It is organized by the National Electoral Institute and by the local electoral institutes, according to the norms established by this Constitution.
A. The National Electoral Institute is an autonomous entity, which is endowed with legal personality and endowed with its own assets. The legislative branch, the national political parties and the citizens shall participate in the integration of the governing bodies of the Institute, according to the terms provided by law. The basic principles that guide the functions and performance of the Institute are: certainty, legality, independence, impartiality, objectivity and maximum publicity.
The National Electoral Institute shall have electoral jurisdiction and independent character regarding its decisions and functioning, and its performance shall be professional. National Electoral Institute structure shall include managerial, executive, technical and surveillance organs. The General Council will be the directive and executive body, it will be formed with the number of Electoral Councilors that the law establishes. The law shall also establish the requirements, terms, procedures and other conditions relative to the nomination, tasks, and substitution of the Councilors, as well as the nomination procedure for the president and the executive secretary positions.
An internal comptroller office, with technical and managerial autonomy, shall be in charge of the audits to all income and expenses of the Institute. The Comptroller has be nominated according to the law.
The surveillance organ of the voter’s register must be formed mainly with representatives of the national political parties. During the Election Day, citizens must be in charge of the directive organs at the poll stations.
e) The criteria, guidelines, formats and rules for the preliminary results program, the opinion or result surveys, electoral observation, rapid counts, document printing and production of any electoral materials;
The National Electoral Institute may assume, by agreement with the competent authorities at the local entities that ask for, the organization of the local electoral processes in the terms that the applicable legislation states. By petition of the political parties and using their monetary prerogative, the institute may also organize their internal elections to elect their leadership.
The financial accountability and supervision of the political parties and the candidates’ campaigns shall be responsibility of the General Council of the National Electoral Institute. The law shall detail the General Council attributions for that specific function as well as the creation of the technical organs, dependent of it, in charge of the surveillance and proceedings to establish the corresponding sanctions. For the accomplishment of this function, the General Council is not limited by banking, fiscal or fiduciary secrecy and shall be supported and assisted by the local and federal authorities.
In case that the National Electoral Institute delegates the accountability and supervision functions, its technical organ shall be entitled to the attributions of the previous paragraph to avoid the limitation of its functions.
C. In the Mexican states the local elections shall be responsibility of the Local Public Organs in the terms that this constitution establishes and shall execute the corresponding functions in regard to the following subjects:
According to the provisions stated by the law and with approval of the majority votes of the Electoral Council that the law established, the Institute might assume directly the electoral activities that correspond to local electoral organs or delegate in them some of the functions stated in fraction I part B of this article regardless of its right to reassume its functions at any moment. The Institute might also bring to its attention any case or issue that is in the jurisdiction of the local electoral organs given that this issue is important or relevant to create an interpretation precedent.
D. The National Electoral Professional Service shall include the selection, hiring, training, professionalization, promotion, evaluation, personnel rotation, permanence and discipline of the public servants of the executive and technical organs at the National Electoral Institute and the local public organs at the federative entities in regard to electoral matters. The National Electoral Institute shall standardize the organization and functioning of the Professional Service.
Section III On Political Parties
Political parties shall be considered as entities of public interest. The legislation shall specify the norms and requirements for their legal registry and their participation in the electoral process, as well as their rights, duties and prerogatives entitled to them.
The political parties’ main objectives shall be to promote people’s participation in democracy; to contribute to the integration of national representative entities; and, as citizens’ organizations, to allow citizens to access public power. These objectives shall be in accordance to political parties programs, principles and ideas, and they should do so through universal, free, secret and direct vote, as well as the rules to guarantee gender equality of candidates to local and federal Congress. Only citizens can form a political party and may join, individually and freely to them. The intervention of labor unions, social associations or any other group affiliation with different objective than the creation of political parties is prohibited.
The national political party that does not obtain, at least, three percent of the total valid votes emitted in any elections held for the renewal of the Federal Executive or the renewal of either the Senate or the Chamber of Deputies will have its registration cancelled.
The national political parties will have the right to participate in the federal, local and municipal elections. Likewise, they will have the right to use the social communications media in a permanent manner.
The law shall fairly provide national political parties with all necessary resources to carry out their political activities. The law shall also regulate financing system for the parties and their campaigns, so that public funding prevails over private funding. The law shall also establish the basis and amounts to grant public finance that shall consist of public financing directed to cover the expenses generated by their ordinary and permanent activities, public financing for electoral activities during electoral processes and public financing for specific purposes.
The law shall define limits for spending in the internal process for candidate selection, as well as for electoral campaigns. The law shall also establish maximum limits for monetary contributions provided by sympathizers and affiliates. The law shall also establish procedures to control and monitor the origin and use of financial resources of the parties and the funding received for the campaigns. The law shall also determine the measures to punish the noncompliance to these norms.
The law shall establish procedures to help parties to pay their liabilities in the event that they loss their registration and the cases in which the remaining properties or assets shall be seized by the State.
Section IV On Referendums
II. When the total participation corresponds, at least, to forty percent of the citizens subscribed in the voter's registration list, the result will be binding for the Federal Executive and Legislative powers and for the competent authorities;
III. The restriction of the human rights considered in this Constitution, the principles of article 40 therein; the electoral matter; State income and expenses; national security and the organization, operation and discipline of the permanent Army, may not be subject to popular consultation.
IV. The National Electoral Institute will be directly in charge of verifying the requirement set in item c) of item I of this paragraph, as well as the organization, development, account and declaration of results;
The Mexican territory is comprised of the following states: Aguascalientes, Baja California, Baja California Sur, Campeche, Coahuila de Zaragoza, Colima, Chiapas, Chihuahua, Durango, Guanajuato, Guerrero, Hidalgo, Jalisco, State of Mexico, 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.
The Mexico City is the Federal District and the capital of the United Mexican States. Mexico City is seat of the federal government and the Powers of the Union. It shall be integrated by the current territory of the Federal District and in the event that federal government has to be moved to another place, Mexico City will be a part of the State of Valle de México. The Congress shall set down the limits and territorial extension for the new State.
Should there not be an agreement referred in the above paragraph, and at the request of any of the conflicting parties, the Supreme Court of Justice of the Nation will know, substantiate and resolve with an incontestable capacity, disputes on territory limits that take place between States, and under the terms of section I of article 105 of this Constitution.
CHAPTER I On the Division of Powers
Two or more of these powers cannot 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 to legislate are granted to the President of the Republic as provided in Article 24 and the second paragraph of article 131.
CHAPTER II On the Legislative Power
Section I On the Elections and Inauguration of the Congress
The House of Representatives shall be integrated by three hundred members, who shall be elected according to the principle of majority voting through the uninominal voting system in all the electoral districts; and the remaining 200 members shall be chosen according to the principle of proportional representation, using a system of regional lists voted in multimember districts.
The borders separating the three hundred uninominal electoral districts from each other shall be set down after dividing the country’s population by the number of districts, taking into account the most recent general census. Each state shall have at least two representatives elected under the principle of majority voting.
In order to elect two hundred representatives under the principle of proportional representation, using a system of regional lists, the law shall set the number and territorial division of the multimember districts.
No political party shall have more than three hundred representatives, regardless the principle by which they have been elected. Nor shall they have a number of representatives by both principles, which considered in percentage of the House, exceeds by eight points the percentage they have obtained in vote. This restriction shall not be applied to the political party that, due to its electoral victories at uninominal districts, obtains a percentage of seats greater than the addition of the percentage obtained in national vote plus eight percent.
In order to qualify for registration in the regional lists of multimember districts, the candidate must be a native of one of the states included in such multimember district, or be a resident of that district for at least six months prior to the date of the election.
IV. To be free of duties at the Army or law enforcement agencies with jurisdiction over the electoral district in which the election is going to take place, at least ninety days before the election date;
V. Not to be Secretary or Under Secretary of State or being in charge of one of the organs, granted with autonomy by this Constitution. Not to be in charge of one of the decentralized organs of the federal government or the equivalents in the local public administration of the States or Municipalities unless the candidate is definitely separated from his duties at least 90 days before election date takes place.
State Governors and the Federal District Mayor cannot be elected to represent the states over which they have jurisdiction during their term in office, even though they definitely separate themselves from their duties;
VI. Not to be Justice of the Supreme Court of Justice, Magistrate, Secretary at the Electoral Court of the Judicial Power, nor being an executive director in any of the electoral organs, unless the candidate has definitely separated from his duties at least three years before election date takes place. Magistrates, federal judges, state judges or judges in the Federal District shall not be elected in the states over which they have jurisdiction unless they definitely separate from their duties at least ninety days before the election takes place;
The Senate shall be composed of 128 senators. Each State and the Federal District shall have two Senators elected by the principle of majority voting and one Senator shall be apportioned to the largest minority, in the terms described by the law.
The remaining thirty-two senators shall be elected under the principle of proportional representation, through the system of lists voted in one sole national multimember district. The law shall establish the regulations and formalities that shall be applied for these purposes.
Senators may be elected up to two consecutive periods and the deputies of the House of Representatives may be elected up to four consecutive periods. The candidate may only be nominated by the same party by which the congressmen/women was elected or by any of the parties that formed the coalition by which the congressmen/women was elected, unless that they had resigned or lost their membership to the party in the first half of their mandate.
The National Electoral Institute, in accordance to this Constitution and what the law establishes, shall declare the validity of the elections for both, representatives and senators, issue the respective certificates and allot the Senate seats to the largest minority.
The resolutions made on the validity of the election, on awarding certificates and on the appointed representatives or senators can be appealed before the regional courts of the Electoral Court of the Judicial Power, according to the procedures established by law.
The regional court’s rulings may be reviewed only by the High Court of the same Electoral Court of the Judicial Power, through the appeals submitted by political parties, if such offences could modify the electoral result. The verdicts given by the High Court of the Electoral Court of the Judicial Power shall be definitive and irrefutable. The law shall regulate this appeal system.
During the time for which he/she was elected, no Senator or Representative shall perform any federal or local position or commission that grants a wage without a license granted by the respective House. In such case, representative duties shall be suspended for as long as their new occupation lasts. The same rule shall be applied to the substitute representatives and senators if they have been called to service. Removal from office shall be the punishment imposed on any offender of this article’s rules.
In order to open sessions and to exercise the duties of the offices, the House of Representatives and the Senate shall have more than fifty percent of attendance of the total number of their members. Those present shall compel the absentees to attend within the next thirty days, under the condition that if they do not present themselves the Chamber shall understand that they do not accept their office. In such case, the substitutes shall be called, they must appear within the next thirty days. In the event that substitute does not appear either, the seat shall be declared vacant. Regarding Representatives or Senators elected under the principle of majority voting, the respective House shall call extraordinary elections. Regarding representatives or senators appointed by the principle of proportional representation, the next candidate in the regional or national list of the party in question shall fill vacancy. Regarding Senators appointed by the principle of largest minority, vacancy shall be filled by the second candidate in the list of the party in question of the respective state.
Any Representative or Senator who have been absent from his duties for ten days in a row without license or justified cause shall not be allowed to take his seats back until the opening of the following period of sessions. In such a case, substitutes shall be called to service.
Those Representatives or Senators that being elected do not present themselves to fulfill their duties and without a justified cause for the absence during the term described in the first paragraph, shall be liable and subjected to the penalties established by the law. National political parties shall also be liable and subjected to the penalties set forth by the law if they agree with their candidates not to appear in the respective House to perform their duties.
The Congress shall assemble on two ordinary period of session each year. The first period of sessions begins on September 1st, except for the year when the President of the Republic begins his term in office on the date described in the Article 83 of this Constitution. In this case the Congress shall meet from August 1st for the first period of sessions and the Congress shall meet on February 1st for the second ordinary period of sessions.
In both periods of sessions, the Congress shall study, discuss and vote the bills of law submitted thereto and shall resolve any other affairs pertaining to it according to this Constitution. The Congress shall preferably devote itself to the issues established by its Organic Law.
At the opening of an extraordinary period of sessions of the Congress, or only of one of the Houses, the Speaker of the Permanent Committee shall inform about the reasons leading to such extraordinary period of sessions.
Each ordinary period of sessions shall last as long as necessary to solve the affairs mentioned at the previous article. The first period cannot be extended beyond December 15 of the respective year, except on those years when according to Article 83, a new President of the Republic is going to be inaugurated. In such a case, sessions may be extended until December 31. The second period shall not be extended beyond April 30 of the respective year.
The Congress or just one of the Houses, when dealing with an issue under its exclusive jurisdiction, shall assemble in extraordinary period at the Permanent Committee’s request. In such case, the Congress shall only resolve the issue or issues submitted by the Permanent Committee and indicated in the notification.
Both Houses shall be located at the same place and shall not be moved to a different state without a previous agreement in regard to the moving, period and procedure to do so. Both Houses must reside in the same site. Given the agreement on the moving is reached but there is no decision about the time, procedures or place, the President of the Republic must settle the issue by choosing one of the alternatives. No House shall adjourn sessions for more than three days without the explicit consent from the other one.
Each of the Houses shall analyze the report and can request the President of the Republic to expand on the information through written questions. The Houses can summon the Secretaries of State and the chairmen of the decentralized entities, who shall appear before the Congress to report under oath to tell the truth. The law and regulations of the Congress shall rule this attribution.
During the first year of his term in office and in the opening ceremony of the second period of ordinary sessions, the President shall present before the Senate the National Strategy for Public Safety for its approval and shall present an annual report about its status.
All the resolutions of the Congress shall have force of law or decree. Laws and decrees shall be communicated to the President of the Republic by a document signed by the Speakers of both Houses and by one Secretary of either. Laws and decrees shall be enacted according to the provisions stated by law.
The Congress shall issue a law that will regulate its internal structure and functioning. Such a law is not subject to veto nor require to be enacted by the President of the Republic in order to enter into force.
The law shall specify the methods and procedures to allow associations between representatives and senators according to their party affiliation in order to protect the freedom of speech of all ideological trends represented at the Congress.
Section II On the Legislative Process
The opening day of each ordinary session period, the President of the Republic may present up to two initiatives for preferential procedure, or under such character appoint up to two initiatives that had already been presented in previous periods, when ruling pending. Each initiative should be discussed and voted by the Plenary of the Chamber of origin on a maximum of thirty calendar days. Otherwise, the initiative under its terms and without any further procedures will be the first matter that will be discussed and voted in the next plenary session. If approved or modified by the originating Chamber, the respective bill of law or decree will immediately be passed to the reviewing Chamber for discussion and vote on the same period and under the mentioned conditions.
The Congress shall issue laws to develop the content of the constitutional norms. This laws may be proposed by any of the Chambers and their approval requires the vote of two thirds of the present members in each House of the Congress. The President of the Republic shall not make any observations in relation to the laws of constitutional development. Before the laws are enacted, the Speaker of the Congress shall request that the Supreme Court of Justice rule about the constitutionality of the respective law. The Supreme Court of Justice shall make the ruling within a thirty natural days term.
Every single bill or decree shall be discussed successively at both Houses, except for those bills or issues that are within the exclusive jurisdiction of one of the Houses. They shall behold the methods, periods of time and debating and voting procedures established by the Congress Act and its regulations.
A. After being approved by the House of origin, every bill shall be submitted to the other one in order to be discussed there. If the second House approves it, the bill shall be submitted to the President of the Republic who, after having not more observations, shall publish it without delay.
B. All the bills submitted to the President of the Republic that are not returned by him with his objections to the House where it was originated within 30 calendar days of the receipt, shall be considered as approved. After such term, the President of the Republic shall publish the law or decree within the following 10 calendar days. After this second term, the law or decree shall be deemed enacted; then, in the following 10 calendar days, the President of the House, where the bill was originated, shall order publication of the law or decree in the Official Gazette of the Federation, without requiring endorsement. These deadlines shall not be suspended if the Congress closes or adjourns its sessions. In this case, the President of the Republic shall return the bill to the Permanent Committee.
C. Any bill rejected partially or totally by the President of the Republic shall be returned with the respective corrections to the original House. The bill shall be discussed again in such House and, if confirmed by a two-thirds majority of votes, it shall be submitted again to the reviewer House. If a two-thirds majority of votes supports the bill at the second House, it shall be considered as enacted law or decree and shall be sent to the President of the Republic in order to be published.
D. If any bill is rejected in whole by the reviewing House, it shall be returned to the House where it was originated with the appropriate objections. The bill shall be again discussed in said House and, if approved by the absolute majority of its present members, it shall return to the House that rejected it, which shall analyze it again. If the second House approves the bill by the same majority, it shall be submitted to the President of the Republic, who has to comply the purposes of paragraph A. If the second House does not approve the bill, it shall not be reintroduced in the same period of sessions.
E. Any bill partially rejected, modified or added by the reviewing House, the new discussion in the original House shall be focused on the rejected, reformed or added parts, leaving the already approved articles unchanged. If the additions or reforms made by the reviewing House are approved by absolute majority in the original House, the whole bill shall be submitted to the President of the Republic to follow the provisions established in paragraph A. If the additions or reforms made by the reviewing House were rejected by majority of the members attending the original House, the bill shall be returned to the reviewing House, which shall study the reasons and concerns of the first House. If those additions or reforms are rejected again after a second review, the part of the bill approved by both Houses shall be sent to the President of the Republic, who has to observe the provisions established in paragraph A. If the absolute majority of the attending members at the reviewing Hose insists on enacting the additions and reforms, the whole bill shall be postponed until the next period of sessions, unless the absolute majority of attending congressmen at both Houses agrees on enacting only the approved articles of the bill and on submitting additions or reforms to the next period of sessions.
I. The initiatives or bills shall be first discussed preferably in the House they were presented, unless the Consultative Commission of the first House delays to present an opinion about the bill for more than one month, then the bill can be submitted to the other House for discussion.
J. The President of the Republic cannot make comments on the resolutions of the Congress or any of the Houses when they act as electoral body or jury, as well as when the House of Representatives charges a top-ranking official with official crimes.
The states shall receive, under federal legislation, a percentage of the revenue generated by the special taxes. Local legislatures shall set the percentage corresponding to municipalities, in their income from tax over electric power service;