First edition: August 2005 Second edition: November 2008 Third edition: March 2010 Fourth edition: August 2010 All rights reserved. © Mexican Supreme Court Av. José María Pino Suárez, No. 2 C.P. 06065, México, D.F.
Printed in Mexico
Translators: Dr. José Antonio Caballero Juárez and Lic. Laura Martín del Campo Steta.
Translation updated by: Lic. Sergio Alonso Rodríguez Narváez and Estefanía Vela
The update, edition, and design of this publication was made by the General Management of the Coordination on Compilation and Systematization of Theses of the Mexican Supreme Court.
Mexican Supreme Court
Justice Guillermo I. Ortiz Mayagoitia President
First Chamber
Justice José de Jesús Gudiño Pelayo President
Justice José Ramón Cossío Díaz
Justice Olga María Sánchez Cordero de García Villegas
Justice Juan N. Silva Meza
Justice Arturo Zaldívar Lelo de Larrea
Second Chamber
Justice Sergio Salvador Aguirre Anguiano President
Justice Luis María Aguilar Morales
Justice José Fernando Franco González Salas
Justice Margarita Beatriz Luna Ramos
Justice Sergio A. Valls Hernández
Publications, Social Communication, Cultural Diffusion and Institutional Relations Committee
Justice Guillermo I. Ortiz Mayagoitia
Justice Sergio A. Valls Hernández
Justice Arturo Zaldívar Lelo de Larrea
Editorial Committee
Mtro. Alfonso Oñate Laborde Technical Legal Secretary
Mtra. Cielito Bolívar Galindo General Director of the Theses Compilation
and Systematization Bureau
Lic. Gustavo Addad Santiago General Director of Diffusion
Judge Juan José Franco Luna General Director of the Houses of
Juridical Culture and Historical Studies
Dr. Salvador Cárdenas Gutiérrez Director of Historical Research
CONTENT
FOREWORD ................................... IX
TITLE ONE CHAPTER ONE Fundamental rights ............................................1
CHAPTER TWO Mexican nationals ............................................95
CHAPTER THREE Aliens ................................................................99
CHAPTER FOUR Mexican citizens ............................................. 101
TITLE TWO CHAPTER ONE National sovereignty and form of government ..................................................... 107
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VI Political Constitution of the United Mexican States
CHAPTER TWO Parts composing the Federation and national land territory ............................. 127
TITLE THREE CHAPTER ONE The division of Powers ..................................... 131
CHAPTER TWO The Legislative Branch .................................... 133
Section First Election and installation of Congress ......... 133
Section Second The initiation and enactment of laws ......... 150
Section Third The Powers of Congress ................................ 155
Section Fourth The Permanent Commission ........................ 181
Section Fifth The Federation’s Superior Supervising Entity ........................................ 184
CHAPTER THREE The Federal Executive Branch ......................... 193
CHAPTER FOUR The Judicial Branch ........................................ 205
VII
TITLE FOUR The liabilities of public officers ........................ 257
TITLE FIVE The States of the Federation and the Federal District .......................................... 269
TITLE SIX Labor and social welfare ................................. 321
TITLE SEVEN General provisions .......................................... 347
TITLE EIGHT Amendments to the Constitution ..................... 359
TITLE NINE The inviolability of the Constitution ................ 361
TRANSITORY ARTICLES ................... 363
THE FOLLOWING ARTICLES WERE REFORMED ON JUNE 18TH 2008, ACCORDING TO A DECREE OF REFORMS PUBLISHED IN THE OFFICIAL GAZETTE OF THE FEDERATION; HOWEVER, TO SOME EXTENT THEY ARE STILL IN FORCE, SINCE THE NEW CRIMINAL SYSTEM SHALL BE COMPLETELY IN VIGOR WITHIN A TERM OF EIGHT
YEARS FOLLOWING THE DATE OF SAID DECREE. THUS
VIII Political Constitution of the United Mexican States
THEY ARE PRESENTED HERE AS THEY WERE BEFORE THEIR
MODIFICATIONS, ALONG WITH THE TRANSITORY ARTICLES OF THE REFORM. ...................................................
DECREE OF REFORMS AND ADITIONS OF SEVERAL ARTICLES OF THE POLITICAL CONSTITUTION OF THE UNITED MEXICAN STATES, PUBLISHED ON THE OFFICIAL GAZETTE OF THE FEDERATION ON JUNE 18TH 2008. ......................................................... 441
BIBLIOGRAPHY ............................. 447
FOREWORD
Due to the increasing interest shown by foreign
institutions and scholars on Mexican law, the
Supreme Court of Justice of the Nation decided to
make an English translation of the Political
Constitution of the United Mexican States. This
fourth edition, revised and updated as for July 2010,
will allow English speaking readers to better know
the Fundamental and Social Rights recognized by
our Constitution, as well as the structure of the
Branches of Government. This way the reader will
be able to know and understand the basic
characteristics of the Mexican legal system.
As its previous edition, this one is aimed at those
English speaking scholars interested in the
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X Political Constitution of the United Mexican States
comparison of legal systems. From its reading, they
will acknowledge that the Mexican Constitution has
been up to the challenges of the 21st century.
Committee of Publications, Social Communication,
Cultural Diffusion and Institutional Relations of the
Mexican Supreme Court
Justice Sergio A. Valls Hernández
Justice Arturo Zaldívar Lelo de Larrea
Justice Guillermo I. Ortiz Mayagoitia
1
TITLE ONE
CHAPTER ONE Fundamental rights1
Article 1. In the United Mexican States, all persons
shall enjoy the fundamental rights recognized by
this Constitution, which may not be abridged nor
suspended except in those cases and under such
conditions as herein provided.
Slavery is forbidden in the United Mexican States.
Slaves who shall step into Mexican territory shall,
The term is used here in the sense of constitutional protections, equivalent to the Bill of Rights which comprises the summary of rights and liberties of the people, or the principles of constitutional law deemed essential and which guarantee the rights and privileges to the individual, such as the first Ten Amendments of the Constitution of the United States of America. (Campbell Black, Henry, Black’s Law Dictionary, 6th ed., St. Paul, Minnesota, Abridged, West Publishing Co., 1991, p. 113 and 115.)
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2 Political Constitution of the United Mexican States
just by this fact alone, attain their freedom and the
protection of the laws.
Every form of discrimination motivated by ethnic
or national origin, gender, age, incapacities, sexual
preferences, status or any other which attempt on
human dignity or seeks to annul or diminish the rights
and liberties of the people, is prohibited.
Article 2.2 The Mexican Nation is one and indivisible.
The Nation has a multicultural composition, originally
sustained on its indigenous peoples, who are those
regarded as indigenous on account of their descent
from the populations that originally inhabited the
Country’s current territory at the time of colonization,
who retain some or all of their own social, economic,
cultural and political institutions.
In the translation of this Article the terms selected were those used in the Convention No. 169 of International Labor Organization, Concerning Indigenous and Tribal Peoples in Independent Countries, since this Article was inspired in the aforesaid Convention and it provides better understanding of the meaning.
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Title One 3
The fundamental criteria to determine to whom the
provisions on indigenous people apply shall be
the self-identification of their indigenous identity.
Those communities which constitute a cultural,
economic and social unit settled in a territory, that
recognize their own authorities according to their
uses and customs are the ones that comprise an
indigenous folk.
Indigenous people’s right to self-determination
shal l be exercised within a framework of
constitutional autonomy safeguarding national
unity. The constitutions and laws of the Federal
District and of the States shall recognize indigenous
people and communities and shall also include the
general principles established in the previous
paragraphs of this Article, as well as ethnic-linguistic
and land settlement criteria.
A. This Constitution recognizes and protects the
right to self-determination of indigenous people
and communities and, consequently, their right
to autonomy, so that they may:
4 Political Constitution of the United Mexican States
I. Decide the ways of their community life as
well as their social, economic, political and
cultural organization.
II. Enforce their own legal systems to regulate
and solve their internal conflicts, subject to the
general principles of this Constitution, respecting
constitutional rights, human rights, and in a
relevant manner, the dignity and integrity of
women. The Law shall establish the cases and
validation procedures by the corresponding
judges or courts.
III. Elect, in accordance with their traditional
rules, procedures and practices, their authorities
or representatives to exercise their form of internal
government, guaranteeing the participation of
women under equitable conditions before men,
respecting the Federal Union Pact and the States’
sovereignty.
IV. Preserve and promote their languages,
knowledge and all those elements that constitute
their culture and identity.
Title One 5
V. Maintain and improve their habitat and preserve
the integrity of their lands as provided in this
Constitution.
VI. Attain preferential use and enjoyment of any
natural resources located in the sites inhabited
and occupied by the communities, save for the
ones pertaining to strategic areas as provided
in this Constitution. The foregoing rights shall
be exercised respecting the nature and classes of
land ownership and land tenure set forth in this
Constitution and the laws on the matter, as well
as the rights acquired by third parties or by
members of the community. To achieve these
goals, communities may constitute partnerships
under the terms established by the Law.
VII. Elect representatives before town councils
in those Municipal i t ies with indigenous
population.
The constitutions and laws of the Federal District
and the States shall recognize and regulate these
rights in Municipalities, with the purpose of
strengthening their participation and political
6 Political Constitution of the United Mexican States
representation in accordance with their traditions
and standards.
VIII. To have full access to State jurisdiction. To
protect this right, in all trials and procedures
to which they are party, individually or collectively,
the particularities of their customs and culture
must be taken into account, respecting the
provisions of this Constitution. Indigenous
people have at all times the right to be assisted
by interpreters and counselors who are familiar
with their language and culture.
The constitutions and laws of the Federal District
and the States shall determine those elements
of self determination and autonomy that may
best express the conditions and aspirations of
indigenous people in each State, as well as the
provisions for the recognition of indigenous
communities as entities of public interest.
B. In order to promote equal opportunities for
indigenous people and to eliminate any
discriminatory practices, the Federation, the
Title One 7
Federal District, the States and the Municipalities,
shall establish the institutions and shall determine
the policies needed to guarantee full force and
effect of indigenous people’s rights and the
comprehensive development of their towns
and communities. Such policies shall be designed
and operated jointly with them.
In order to decrease the needs and lags affecting
indigenous towns and communities, authorities
are obliged to:
I. Promote regional development in indigenous
areas with the purpose of strengthening local
economies and improving the quality of life of
their people, through coordinated actions
among the three levels of government with the
participation of the communities. Municipal
authorities shall equitably determine the budget
allocations that indigenous communities shall
directly administer for specific goals.
II. Guarantee and increase educational levels,
favoring bilingual and cross-cultural education,
8 Political Constitution of the United Mexican States
literacy, the conclusion of elementary education
by students, technical training and medium and
higher education. To establish a scholarship system
for indigenous students at all levels. To define
and develop educational programs of regional
content which recognize the cultural heritage
of their peoples in accordance with the laws on
the matter and consulting it with indigenous
communities. To promote respect for and
knowledge of, the diverse cultures in the Nation.
III. Assure effective access to health services by
increasing the coverage of the national system
of health, but benefiting from traditional medicine,
and also to support better nutrition for indigenous
people through food programs, especially for
children.
IV. Improve indigenous communities’ living
conditions and their spaces for socializing and
recreation through actions facilitating access to
public and private financing for housing
construction and improvements, and also to
extend the coverage of basic social services.
Title One 9
V. Foster the incorporation of indigenous women
to development by supporting productive projects,
protecting their health, granting incentives to
privilege their education and their participation
in decision making processes regarding community
life.
VI. Extend the communication network enabling
the integration of communities, by constructing
and expanding transportation routes and
telecommunication means. To develop the
conditions required so that indigenous people
and communities may acquire, operate and
manage means of communication, in accordance
with the terms set forth by the laws on the matter.
VII. Support productive activities and sustainable
development of indigenous communities through
actions aimed at, allowing them to attain economic
self-reliance, applying incentives for public and
private investments which foster the creation
of jobs, incorporating technology to increase their
own productive capacity, and also insuring
equitable access to supply and marketing systems.
10 Political Constitution of the United Mexican States
VIII. Establish social policies to protect indigenous
migrants in Mexican territory, as well as in foreign
countries, through actions designed to guarantee
the labor rights of farm workers;3 to improve health
conditions of women, support children and youth
of migrant families with special educational and
food programs; to ensure that indigenous people’s
human rights are respected and promote their
cultures.
IX. Consult indigenous people when preparing
the National Development Plan and the States and
Municipalities plans, and if appropriate, to
incorporate their recommendations and proposals.
To guarantee compliance with the obligations
set forth herein, the House of Deputies of the
Congress of the Union, the Federal District and
the State Legislatures and Municipal councils,
In the context of the Mexican constitution, laborers means workers dedicated not only to farming but also to any other agricultural jobs. (Becerra, Javier F., Dictionary of Mexican Legal Terminology, México, Escuela Libre de Derecho, 1999, p. 766.)
3
Title One 11
within the scope of their respective jurisdictions,
shall establish specific items allotted to the
fulfilment of these obligations in the expenditure
budgets they shall approve, as well as the
procedures enabling communities to participate
in the exercise and supervision thereof.
Notwithstanding the rights herein set forth to the
benefit of indigenous individuals, their communities
and people, any community equated to them shall
have, as applicable, the same rights as the indigenous
people, as provided by the Law.
Article 3. All people have the right to education.
The State (the Federation, the Federal District, the
States, and Municipalities) shall provide pre-school,
elementary and secondary education. Pre-school,
elementary and secondary education are mandatory.
The education provided by the State shall aim to
develop harmoniously all human values and shall
induce in pupils both, love for the Homeland and
a consciousness of international solidarity, in
independence and in justice.
12 Political Constitution of the United Mexican States
I. The education provided by the State shall be
secular and, therefore, shall be maintained entirely
apart form any religious doctrine, in accordance
with the right of freedom of beliefs set forth
under Article 24 herein;
II. The guiding principles for education provided
by the State shall be grounded on the results of
scientific progress; such education shall also strive
against ignorance and its effects, servitudes,
fanaticism and prejudices.
Furthermore:
a) It shall be democratic, considering democracy
not only as a legal structure and as a political
régime, but also as a way of life grounded on
the constant economic, social and cultural
development of the people;
b) It shall be national in the understanding that it
shall address, without hostilities or exclusiveness,
the comprehension of the country’s problems, the
utilization of its resources, the defense of its
Title One 13
political independence, the assurance of its
economic independence and the continuity and
development of its culture, and;
c) It shall contribute to a better human coexistence
both, by the elements it shall provide aiming to
strengthen in the pupil, the conviction of the
general interest of society along with an
appreciation for human dignity and for the integrity
of the family, and by the care devoted to sustain
the ideals of brotherhood and equality of rights
for all men, avoiding privileges by reason of race,
creed, groups, sex or individuals;
III. To fully comply with the provisions set forth
under paragraph second and under section
II, the President of the Republic shall establish
the academic curriculum applicable in the
Republic for pre-school, elementary and secondary
education, as well as for schools of education.4
This term refers to schools of education (Normal). “Normales” are the institutions that provide professional education for teachers.
4
14 Political Constitution of the United Mexican States
To that end, the President of the Republic shall
take into account the opinion of State governments
and of the Federal District, as well as the opinions
of all groups of society involved in education,
under the terms provided by the Law;
IV. All education provided by the State shall be
free;
V. Besides providing pre-school, elementary and
secondary education as set forth in the first
paragraph hereinbefore, the State shall promote
and take care of education of all types and levels,
including basic and higher education, which are
necessary for the development of the Nation; it
shal l support scienti f ic and technologic
research, shall strengthen and promote the
country’s culture;
VI. Private persons may provide all kinds and
all particularities of education. In accordance with
the terms set forth by the Law, the State shall
grant and withdraw official accreditation to studies
conducted in private institutions. In the case of
Title One 15
pre-school, elementary, secondary and schools
of education, private persons must:
a) Provide education in accordance with the
same purposes and criteria established in
paragraph second and section II, as well as to
comply with the academic curriculum set forth
in section III, and
b) Attain, in every case, a previous authorization
from public authorities, under the terms provided
by the Law.
VII. Universities and all other higher education
institutions upon which the Law has conferred
autonomy, shal l have the powers and
responsibility to govern themselves; they shall
carry out their purposes of educating, doing
research and promoting culture in accordance
with the principles established in this Article,
respecting freedom to teach and to do research
and freedom to analyze and discuss ideas; they
shall determine their academic curriculum;
they shall establish the terms for the engagement,
16 Political Constitution of the United Mexican States
promotion and tenure of their academic personnel;
and they shall manage their Estate. Labor
relationships both with academic personnel and
with management personnel, shall be governed
by section A of Article 123 of this Constitution,
under the terms and in accordance to the
prescriptions established by the Federal Labor
Law, subject to the nature pertaining to a specially
regulated work,5 in a manner consistent with the
autonomy, freedom of teaching and research and
the goals of the institutions referred herein,
and
VIII. In order to unify and coordinate education
throughout the Republic, the Congress of the
Union shall issue the necessary laws to distribute
the social duty of educating among the
Federation, the Federal District, the States and
the Municipalities and shall establish the
Mexican labor legislation regulates specifically the particularities of certain types of work, such as railroad employees, employees in graduate schools and universities, and hotel employees, among others.
5
Title One 17
corresponding financial allocations for such
public service and the penalties applicable to
such officials who fail to comply or enforce the
respective provisions, and to any one infringing
them.
Article 4. Man and woman are equal before the
Law. The Law shall protect the organization and
development of the family.
Every individual has the right to decide in a free,
responsible and informed manner the number of
children desired and the timing between each of them.
Every person has the right to health protection.
The Law shall set forth the rules and conditions to
access health services and shall establish the
concurrence of the Federation, the Federal District
and the States in matters of general public health,
as provided in section XVI of Article 73 of this
Constitution.
Every person has the right to an environment suited
to his development and well being.
18 Political Constitution of the United Mexican States
Every family has the right to live in a dignified and
decorous housing. The Law shall establish the
instruments and supports needed to attain such goal.
Children are entitled to have their food, health,
education and recreation necessities fulfilled for
their integral development.
Ascendants, tutors and guardians have the duty to
preserve these rights. The State shall take the
necessary measures to foster respect for the dignity
of children and the full exercise of the rights of
the child.
The State shall grant facilities to private persons
so that they may assist in attaining the fulfillment of
the rights of the child.6
Every person has the right to access culture and
enjoy the goods and services thereof provided by
the State, as well as exercising their cultural
rights. The State shall promote the means to spread
In the translation of this Article the terms selected were those used in the Convention on the Rights of the Child of 1989.
6
Title One 19
and develop culture, taking into account the
cultural diversity in all its manifestations and
expressions, with consideration for creativity. The
law shall set forth mechanisms to access and
participate in every cultural manifestation.
Article 5. No person may be prevented from
engaging in the profession, industry, business or
work of his choice, provided it is lawful. The exercise
of this freedom may only be banned by judicial
resolution, when the rights of third parties are
infringed or by government order, issued under
the terms set forth by the Law, when the rights of
society are offended. No one may be deprived from
the product of his work, save by judicial resolution.
In each State, the Law shall establish the professions
which require a license for their practice, the
qualifications to be met in order to obtain it and
the authorities who shall issue it.
No one can be compelled to render personal
services without fair compensation and without his
full consent, unless the work has been imposed as
20 Political Constitution of the United Mexican States
a penalty by a judicial authority; in which case,
working conditions shall abide by the provisions
in sections I and II of Article 123.
Regarding public services, only the following shall
be mandatory, subject to the terms established in
the respective laws: military and jury services, service
as municipal councilman and the discharge of official
duties attained through direct or indirect elections.
Electoral and census duties shall be mandatory and
gratuitous, but a remuneration shall be paid for
professional services rendered as provided by this
Constitution and any applicable laws. Professional
services of a social nature shall be mandatory and
remunerated as provided by the Law, with the
exceptions set forth therein.
The State cannot permit the execution of any contract,
compound or agreement which purpose is the
demerit, loss or irrevocable sacrifice of a person’s
liberty for whatever cause.
Nor is any agreement admissible whereby the person
agrees to his own proscription or exile or by which
Title One 21
he temporarily or permanently waives his right to
exercise a certain profession, industry or business.
A labor contract shall only oblige to render the
service agreed upon during the term set forth by
the Law, which may not exceed one year to the
detriment of the worker, and in no case may it
include the waiver, loss or impairment of any
political or civil right.
Failure to perform said contract, by the worker,
shall only render him answerable for applicable
civil liability, but never may be exerted any coercion
against his person.
Article 6. Manifestation of ideas shall not be
submitted to judicial or administrative inquiry, except
in the case of attempts on moral or third party rights,
or if it is a means to commit a felony or disturb
public order; opportunity to answer shall be exercised
according to law. The State shall guarantee the right
to information.
In order to exercise the right to information, the
Federation, the States and the Federal District, in
22 Political Constitution of the United Mexican States
the sphere of their own cognizance, shall be ruled
by the following principles:
I. All information in custody of any federal, local
or municipal authority, entity, organ or organism,
is public and shall be held temporarily due to
public interest and according to law. In interpreting
this right, principle of maximum publicity shall
prevail.
II. Information regarding private life and personal
data shall be protected according to law and
with the exceptions established therein.
III. Every person, without the need to prove
interest or justification, shall have free access
to public information, his personal data or its
rectification.
IV. Mechanisms of access to information and
quick review procedures shall be established.
These procedures shall be substantiated before
specialized and impartial organs and organisms,
autonomous in operation, formalities and decision.
Title One 23
V. Obliged subjects shall preserve their documents
in updated administrative files, and by electronic
means available shall publish complete and
updated information about their management
indicators and the exercise of public resources.
VI. The Law shall determine how obligated
subjects shall publish information concerning
public resources delivered to natural or artificial
persons.
VII. Non-fulfillment of dispositions about access
to public information shall be penalized
according to Law.
Article 7. The freedom to write and publish
documents on any subject is unrestricted. No law
or authority may establish previous censorship,
require bonds from authors or printers, or restrict
freedom of printing, which is only limited by respect
to private live, to morals and public peace. In no
case, printing instruments may be seized as the
instrument of a crime.
24 Political Constitution of the United Mexican States
Organic laws shall include all the provisions required
to prevent that, under the pretense of accusations of
crimes of the press, newsboys, retailers, workers
and any other employees of the workshop that
published the denounced writing pretend to be
incarcerated, unless their liability is previously
demonstrated.
Article 8. Public officers and employees shall
respect the exercise of the right of petition provided
it is made in writing and in a peaceful and respectful
manner; but in political issues, only citizens of the
Republic may exercise this right.
Every petition must be decided in writing by the
authority to whom it was addressed, who has
the duty to reply to the petitioner within a brief term.
Article 9. The right to peacefully associate or to
assembly for any licit purpose may not be restricted;
but only citizens of the Republic may do so to take
part in the political affairs of the country. No armed
meeting has the right to deliberate.
No assembly or meeting may be dissolved nor
deemed unlawful which shall have for its purpose
Title One 25
to make a petition or to submit an objection against
an act or an authority, provided that no insults are
uttered against it, or that there is no resort to violence
or threats to intimidate or force the decision of
such authority in the sense desired.
Article 10. The inhabitants of the United Mexican
States have the right to keep arms in their house,
for their security and legitimate defense, with the
exception of those which are prohibited by Federal
Law and those which are reserved for the exclusive
use of the Army, Navy, Air Force and National Guard.
Federal Law shall establish the cases, conditions,
requirements and places where the inhabitants may
be authorized to carry weapons.
Article 11. Every person has the right to enter and
depart the Republic, to travel through its territory
and to change his residence without necessitating
a letter of safe passage, a passport, safe-conduct or
any other similar requirement. The exercise of this
right shall be subordinated to the judiciary, in
criminal and civil liability cases, and to those of the
administrative authorities when it concerns
26 Political Constitution of the United Mexican States
limitations imposed by the laws on immigration and
general public health of the Republic or in respect
to undesirable aliens residing in the country.
Article 12. No titles of nobility, nor prerogatives
and hereditary honors shall be granted in the United
Mexican States, nor shall any effect be given to the
ones granted by any other countries.
Article 13. No one may be tried under private laws
or by ad hoc courts. No person or corporation may
have any privileges nor enjoy emoluments other
than those paid in compensation for public services
and which are set forth by the Law. Military
jurisdiction prevails for crimes and faults against
military discipline; but under no cause and for no
circumstance may military courts extend their
jurisdiction over persons which are not members
of the Armed forces. When a crime or a fault to
military law involves a civilian, the case shall be
brought before the competent civil authority.
Article 14. No law shall be enforced ex post facto
in the detriment of any person.
Title One 27
No one shall be deprived of their freedom, properties,
possessions or rights without a fair trial before
previously established courts, according to the
essential formalities of the proceedings and laws
issued beforehand.
In criminal trials it is forbidden to impose, by mere
analogy or reasonable belief, any penalty which is
not expressly set forth in a law applicable in every
respect to the crime in question.
In civil trials, final judgement must be rendered in
accordance with the letter of the law, or with legal
interpretation and in the absence thereof, in
accordance with general principles of law.
Article 15. The celebration of treaties to extradite
political convicts, or ordinary criminals considered
slaves in the country where they committed the crime,
or the agreements or treaties altering the rights
established by this Constitution for the people and
the citizen shall not be authorized.
Article 16. No one may be disturbed in his person,
family, home, papers or possessions, except by written
28 Political Constitution of the United Mexican States
order of a competent authority, duly grounded in
law and fact which sets forth the legal cause of the
proceeding.
Every person has the right to the protection of their
personal data, to access, rectify and cancel them,
as well as to oppose as provided by the law, which
shall establish the cases of exception to the principles
of data treatment, for reasons of national security,
public order regulations, public safety and health
or to protect third party rights.
No arrest warrant may be issued except by the judicial
authority upon previous accusation or complaint
for the commission of an act which is described as
a crime by the law, punishable with imprisonment,
and unless there is evidence to prove that a crime
has been committed and that there are sufficient
elements to believe that the suspect committed it
or was an accessory.
The authority executing an arrest warrant issued
by a court shall bring the suspect before the judge
without any delay and under its sole responsibility.
Title One 29
Any contravention to the foregoing shall be punished
by criminal law.
In cases of flagrante delicto,7 any person may detain
the suspect bringing him without delay under
custody of the nearest authority and the latter,
without delay, shall bring him before the Public
Prosecutor.8
Only in urgent cases, when dealing with a felony
qualified as such by the law and under reasonable
risk that the suspect could evade the action of justice,
should there not be a judicial authority available
because of the hour, place or circumstance, the Public
Prosecutor may, under his responsibility, order his
detention, stating the grounds of law and fact and
the circumstantial evidence underlying such decision.
In cases of urgency or flagrante delicto, the judge
before whom the person in custody is presented
shall immediately confirm the arrest or order his
7 Flagrante delicto is a crime discovered while in progress. 8 Means Ministerio Público depending on the context.
30 Political Constitution of the United Mexican States
release, subject to the conditions established in the
Law.
Judicial authority, at the request of the Public
Prosecutor and in the case of felonies committed by
organized crime, can decree to put a person into
informal detention, as long as that is necessary for
the success of the investigation, the protection of
people or legally protected goods, or when there
is the risk to have the accused avoiding the action
of justice. This term can be prolonged, provided
the Public Prosecutor proves that the causes that
originate it still remain. In any case, the informal
detention shall not last more than eighty days.
The term organized crime refers to an organization
of three or more people gathered together to commit
crimes in a permanent or frequent manner, in the
terms provided by the correspondent Law.
No one charged with a crime may be detained by
the Public Prosecutor for more than forty eight
hours, term whereupon his release shall be ordered
or he shall be brought before a judicial authority.
Title One 31
Such term may be duplicated in cases established
by the law as organized crime. Any abuse in respect
to what has hereinbefore been provided shall be
punished by criminal law.
At the request of the Public Prosecutor, only a judicial
authority may issue a search warrant which must be
in writing. Every search warrant must describe the
place to be searched, the person or persons to
be detained and the objects to be seized, to which
this act shall be exclusively restricted, preparing in
site, upon the conclusion of the search, a fact finding
report, before two witnesses proposed by the
occupant of the place searched or in his absence or
refusal, by the acting authority.
Private communications are secret. The law shall
punish according to criminal law any action against
the liberty and privacy of such communications,
except when they are voluntarily given by one
of the individual involved in them. A Judge shall
assess the implications of such communications,
provided they contained information related to the
commission of a crime. Communications that violate
32 Political Constitution of the United Mexican States
the confidentiality duty established by the law shall
not be admitted.
Only a federal judicial authority may authorize the
intervention of any private communications, upon
request by the federal authority empowered by the
law or by the Public Prosecutor of the corresponding
State, wherefore the competent authority shall, in
writing, ground in law and fact the legal causes of
the request describing therein the class of intervention
required, the subjects and the term thereof. The federal
judicial authority may not grant these authorizations
when the matters involved are of electoral, fiscal,
commercial, civil, labor or administrative nature, nor
in the case of communications of the defendant with
its attorney.
The judiciaries shall have control judges who shall
immediately and by any means solve the requests
of cautionary measures, precaution rulings and
investigation techniques of the authority that require
judicial control, ensuring the rights of the accused and
the victims or offended parties. There shall be an
authentic registry of all the communications between
Title One 33
judges and the Public Prosecutor and other competent
authorities.
Authorized interventions shall be subject to the
requirements and limitations set forth in the laws.
The results of interventions which do not comply
with the aforesaid requirements shall not be admitted
as evidence.
Administrative authorities may carry out inspections
to private facilities only for ascertaining whether
sanitary and police regulations have been complied
with; and to require to be shown such books and
papers which are indispensable to corroborate that
fiscal provisions have been complied with, in which
cases such authorities shall be subject to the provisions
of the respective laws and to the formalities for search
warrants.
The sealed correspondence circulating through the
mail shall be exempt from any search and the violation
thereof shall be punishable by the Law.
No member of the Army shall in times of peace be
quartered in a private house against the will of the
owner nor impose any requirements. In times of
34 Political Constitution of the United Mexican States
war the military can demand lodging, baggage, food
and other requirements in the terms set forth by
the applicable martial law.
Article 17. No one may take the law unto his own
hands, nor resort to violence to enforce his rights.
Every person has the right to petition justice before
courts of law which shall be ready to provide it
under the terms and conditions set forth by the
laws, and shall issue their judgments in a prompt,
complete and impartial manner. Their services shall
be free and consequently, judicial fees are
prohibited.
The Congress of the Union shall issue laws to
regulate collective actions. Such laws shall
determine how those actions shall be applied, the
correspondent judicial procedures and the means
to make amends. Federal Judges shal l be
exclusively competent to solve these procedures
and means.
The laws shall provide alternative mechanisms to
resolve controversies. In criminal matters they shall
Title One 35
regulate its application, ensure reparations and
establish the cases in which judicial supervision
shall be required.
Oral proceedings shall end with a sentence which
shall be explained in a public hearing before the
parties, who shall be previously called.
Federal and local laws shall provide the necessary
means to guarantee the independence of the courts
and the full enforcement of their judgements.
The Federation, the States and the Federal District
shall ensure the existence of a public defenders office
for the population, as well as the conditions for a
professional career service for the defenders. The
defenders’ fees shall not be inferior to those of
the Public Prosecutor agents.
No one may be imprisoned by debts solely of a
civil nature.
Article 18. Pretrial detention may only be applied
for crimes punishable by imprisonment. The place
of confinement shall be different and shall be
separate from the one used for convicted persons.
36 Political Constitution of the United Mexican States
The prison system shall be organized on the
grounds of labor and the training for it, education,
health and sports as a means to reinstall the inmate
into society and to make sure he does not transgress
again, noting the benefits that the law ensures him.
Women and men shall be imprisoned in separate
places.
The Federation, the States and the Federal District
can make agreements to have the inmates accused
of crimes within their field of cognizance serve their
sentence in prisons under a different jurisdiction.
The Federation, the States and the Federal District
shall establish, within the field of their respective
cognizance, an integral justice system which shall
apply to those accused of a felony according to
penal laws and are between twelve and eighteen
years of age, in which the fundamental rights
recognized for everyone by this Constitution are
ensured, as well as those specific rights they are
entitled to for their state of development. People
under twelve years of age who have committed a
crime shall only be subjected to rehabilitation and
social assistance.
Title One 37
The management of the system on every level of
Government shall correspond to institutions, courts
and authorities who are specialized on legal
procedures regarding adolescents. In observance
of the integral protection and interest of the
adolescent, means of orientation, protection and
treatment may be applied if the particular case
merits it.
If appropriate, alternative forms of justice shall be
observed when applying the system. Due process
of law and independence among authorities in
charge shall be observed whenever an adolescent is
prosecuted. Every measure imposed by the
authorities shall be proportional to the misconduct
and shall seek social and familiar reintegration of
the adolescent and the plain development of his
person and capacities. Confinement shall only be
used as an extreme measure and for a brief period
of time, and it shall be applied only to adolescents
above fourteen years of age who have committed
grave and antisocial deeds.
Convicts of Mexican nationality who are serving
imprisonment penalties in foreign countries may be
38 Political Constitution of the United Mexican States
brought to the Republic to serve their sentences
under the grounds of the social readjustment Systems
provided in this Article, and convicts of foreign
nationality convicted for federal crimes throughout
the Republic or for crimes under the local jurisdiction
of the Federal District, may be transferred to
their countries of origin or of residence, provided
that International treaties have been signed for that
purpose. State governors may request from the
President of the Republic, under the grounds of
their respective local laws, the inclusion in said
treaties of convicts for crimes under State jurisdiction.
Convicts shall only be transferred if they expressly
agree to it.
In the cases and conditions provided by the Law,
convicts may serve their penalties in the penitentiaries
closer to their home, in order to encourage their
reintegration to the community as a means of
readjustment to society. This disposition shall not
be effective in the case of organized crime and
regarding inmates who require special security
measures.
Special centers shall be destined to preventive
imprisonment and the execution of penalties
Title One 39
regarding organized crime. Save for access to their
defenders, competent authorities shall restrict
communication between the accused and the
convicted of organized crime with third parties,
and to impose measures of special surveillance on
the inmates. This can be applied to other inmates
who require special security measures in the terms
set forth by the law.
Article 19. No detention before a judicial authority
may exceed a term of seventy two hours from the
time the defendant is brought under its custody,
without a formal order of entailment to process, which
must set forth the crime he is charged with, the
place, time and circumstances of the crime; as well
as the evidence furnished by the preliminary criminal
inquiry, which must be sufficient to establish that a
crime has been committed and the probable liability
of the suspect.
The Public Prosecutor can only request from the
Judge preventive prison when other cautionary
measures are not enough to ensure the presence
of the accused in his trial, the development of the
40 Political Constitution of the United Mexican States
investigation, the protection of the victim, witnesses
or community, as well as when the accused is
on trial or had been previously convicted for having
committed a deceitful crime. The Judge shall
determine ex officio in the case of organized crime,
deceitful homicide, rape, kidnap, crimes committed
with firearms or explosives, as well as grave crimes
against national security, the free development of
personality and health.
The Law shall determine the cases in which the
Judge shall be able to revoke the liberty granted
to the individuals subjected to trial.
The term to deliver the order of entailment to
process can be prolonged only at the request of
the accused as set forth by the Law. Prolonging the
detention to his detriment shall be sanctioned
by penal law. The authority in charge of the
establishment in which the accused is committed,
which in the aforesaid term does not receive
authorized copy of the order of entailment and of
that which decrees preventive prison, or the request
to extend the constitutional term, shall attract the
Title One 41
Judge’s attention about the matter as soon as the
term ends and, if the said evidence is not received
within the next three hours, the accused shall be
set free.
Every proceeding shall be compulsorily instituted
only for the crime or crimes charged in the order to
stand trial in commitment or in the order to stand
trial. If within the course of proceedings it should
appear that another crime has been committed
which is different from the one pursued, it shall
be charged on a separate count, notwithstanding
that a joinder of both proceedings could thereafter
be ordered, if appropriate.
If after the order to stand trial is issued on the
grounds of organized crime the accused should
evade the action of justice or is put under the custody
of a Judge summoning him from abroad, the trial
and the terms for the statute of limitation of the
criminal action shall be suspended.
Any ill treatment when detaining a person or
during confinement, any annoyance without legal
42 Political Constitution of the United Mexican States
justification, any exaction or contribution laid in
jails, constitute an abuse which the laws shall correct
and the authorities shall repress.
Article 20. The criminal proceeding shall be
accusatory and oral. It shall be ruled by the principles
of publicity, contradiction, concentration, continuity
and contiguity.
A. On the general principles:
I. Criminal proceedings are meant for clarifying
the facts, protecting the innocent, ensuring that
the offender does not remain unpunished and
redressing the damages caused by the crime;
II. Every hearing shall take place before a Judge,
whom shall not be able to delegate in somebody
else the clearance and evaluation of evidence,
which shall be done in a free and logic manner;
III. Only the evidence cleared and evaluated in
the hearing shall be used for the purpose of the
sentence. The Law shall set forth the exceptions
and requirements to admit on trial the evidence
Title One 43
presented in advance, which by its nature
require a previous clearance;
IV. The trial shall take place before a Judge who
has not previously tried the case. All arguments
and elements of proof shall be presented in a
public, contradictory and oral manner;
V. The burden of proof to demonstrate the guilt
concerns to the accuser, according to the
criminal offence. On equal terms, the parties shall
sustain the accusat ion or the defense,
respectively;
VI. No Judge shall try matters on trial with any
of the parties without the presence of the other,
taking always into account the principle of
contradiction, save for the exceptions set forth
by this Constitution;
VII. Once the criminal proceeding has begun,
and if the defendant allows it, it shall be terminated
in advance in the cases and modes established
by the Law. If the defendant, voluntarily and
aware of the consequences, acknowledges
44 Political Constitution of the United Mexican States
before the judicial authority his involvement in
the crime and there are enough clues to
corroborate the charges, the Judge shall call
to a sentence hearing. The Law shall establish
the benefits granted to the defendant incase he
accepts his responsibility;
VIII. The Judge shall convict when the guilt of
the accused is certain;
IX. All evidence obtained by violating the
fundamental rights shall be null and void, and
X. All principles to which this Article refers shall
be observed also on the preliminary hearings
of the trial.
B. On the rights of the defendant:
I. The defendant shall be considered presumed
innocent until his responsibility is declared by
a sentence delivered by a Judge;
II. He has the right to declare or remain silent.
From the moment of his arrest he shall be informed
of what caused it and of his right to remain silent,
Title One 45
which cannot be used against him. All forms of
intimidation, torture or denial of communication
are forbidden and shall be sanctioned by the
Law. Any confession made without the assistance
of a counselor shall have no weight as evidence;
III. At the moment of his arrest, as well as before
the Public Prosecutor or the Judge, he shall be
informed of the charges against him and his
rights. In the case of organized crime, the judicial
authority can authorize to keep the accuser’s
name in secret.
The Law shall establish benefits for the
accused, indicted or convict who helps with the
investigation of felonies related to organized
crime;
IV. All witnesses and any other evidence submitted
on his own behalf shall be admitted within the
term the Law deems necessary to that end and
he shall be assisted in securing the presence of
those witnesses whose testimony he may
request, in the terms set forth by the Law;
46 Political Constitution of the United Mexican States
V. He shall be judged in a public hearing by a
judge or court. Publicity shall only be restricted
in the cases established by the Law, for reasons
of national security, public safety, protection of
victims, witnesses and minors, whenever the
disclosure of legally protected data is jeopardized
or when the court considers that it is justified
to do so.
In the case of organized crime, all acts performed
during the investigation shall have probatory
value when they cannot be reproduced during
the trial or there is a risk for witnesses or victims.
This shall not keep the accused from objecting
them and present evidence to them;
VI. He shall be furnished with all the information
on record in the proceedings that he shall request
for his defense;
The accused and his counselor can access to
the investigation records when the accused is
under arrest and prepared to make a statement
or be interviewed. Also, said records can be
Title One 47
consulted before his first hearing before the Judge
in order to prepare his defense. From that moment
on the investigation proceedings cannot be kept
in secret, save for exceptional cases determined
by the Law, whenever that is imperative to
ensure the success of the investigation and
provided that they are revealed in time for
safeguarding the right of the accused to defend
himself;
VII. He shall be tried within a term of four months
in the case of crimes punishable with a maximum
penalty not exceeding two years of imprisonment;
and within a term of one year if the crime is
punishable with a penalty exceeding such term,
unless he shall request a longer term for his
defense;
VIII. He shall have the right to an adequate defense
by a lawyer, whom he shall freely choose even
from the moment of his arrest. If he does not
want a lawyer or cannot appoint one, after
being told to, the Judge shall appoint a public
48 Political Constitution of the United Mexican States
defender. He shall also have a right to have
his counselor present throughout the trial and
the counselor shall be obliged to do it as many
times as he is required to, and
IX. Prison or arrest because of lack of payment
of lawyer’s fees or any other sum of money, or
because of civil liability or any other similar
motive, cannot be extended.
Preventive prison cannot exceed the time set
forth as a maximum punishment according to
the Law for the crime that started the trial and it
shall not exceed the term of two years, except
that its extension is due to the defendant’s right
to defense. If after said term a sentence has not
been delivered, the defendant shall be set free
immediately while the trial is taking place; this
shall not hinder the imposition of other
cautionary measures.
In every prison penalty imposed by a sentence
the time of the arrest shall be computed.
Title One 49
C. On the rights of the victim or the offended party:
I. To receive legal counsel; to be informed of
the rights that the Constitution establishes to
his benefit and whenever he should so require
it, to be informed of the developments of the
criminal proceedings;
II. To assist the Public Prosecutor; to be received
all the information and evidence that he furnishes,
during the preliminary criminal inquiry as well
as during proceedings, and for appropriate
proceedings to be carried out.
Whenever the Public Prosecutor does not consider
necessary to carry out the proceeding, he must
state the grounds of law and fact justifying his
refusal.
III. To receive urgent medical and psychological
attention, from the moment the crime was
committed.
IV. To recover damages. Whenever it should be
legally admissible, the Public Prosecutor is obliged
to require restitution of damages and the Judge
50 Political Constitution of the United Mexican States
shall not acquit the convict from making restitution
if he shall have imposed on him a conviction
sentence.
The Law shall set forth swift and speedy
procedures to enforce judgments in matters of
recovery of damages.
V. To protect his identity and other personal data
in the following cases: minors involved; rape,
kidnap or organized crime; and whenever the
Judge considers it necessary for his protection,
always ensuring the right to defense.
The Public Prosecutor shall ensure the protection
of victims, offended parties, witnesses and all
others who take part in the trial. The Judges
shall watch the fulfillment of this obligation;
VI. To require the injunctions and measures
provided by the Law for his security and
assistance, and
VII. To contest before a judicial authority the
Public Prosecutor’s omissions at investigating
crimes, as well as resolutions on unexercised
Title One 51
criminal prosecution or desisting from it or
keeping it as a secret, or the suspension of
proceedings before the recovery of damages.
Article 21. The investigation of crimes is exclusive
to the Public Prosecutor and the police forces under
his authority and command in the exercise of this
task.
The exercise of the criminal prosecution is exclusive
to the Public Prosecutor. The Law shall determine
the cases in which civilians shall exercise criminal
prosecution before the judicial authority.
The imposition of penalties, their modification and
length are exclusive to the judicial authority.
The imposition of sanctions for infractions to
government and police regulations is exclusive
to administrative authorities, whose sanctions shall
consist solely of fines or incarceration for a term
not to exceed thirty six hours. Should the offender
not pay the fine imposed, the fine shall be
exchanged for the corresponding incarceration
term, which shall never exceed thirty six hours.
52 Political Constitution of the United Mexican States
Should the offender be a laborer, worker or employee,
he may not be fined for an amount exceeding the
sum of his wages for one day.
Should the offender be a non wage worker, the fine
shall not exceed the amount equivalent to one day
of his income.
The Public Prosecutor may consider criteria of
opportunity for exercising criminal prosecution in
the cases and conditions set forth by the Law.
The President of the Republic may, with the
approval of the Senate in every case, acknowledge
the jurisdiction of the International Criminal Court.
Public security is a function in charge of the
Federation, the Federal District, the States and
the Municipalities, and it involves the prevention of
crimes; the investigation and prosecution to make
said security effective, as well as the sanction of
administrative infractions, as provided by the Law,
in the respective jurisdictions set forth by this
Constitution. The performance of the institutions in
charge of public security shall be ruled by the
Title One 53
principles of legality, objectivity, efficiency,
professionalism, honesty and respect to the human
rights acknowledged by this Constitution.
Institutions of public security shall be of a civil,
disciplined and professional kind. The Public
Prosecutor and the police forces of the three levels
of government shall coordinate each other to
fulfill the public security’s goals and they shall
compose the National System of Public Security,
which shall be submitted to the following basis:
a) The regulation of selection, admission, training,
continuance, evaluation, appreciation and
certification of the members of the institutions of
public security. The operation and development
of these actions shall correspond to the Federation,
the Federal District, the States and Municipalities
in the field of their respective attributions.
b) The establishment of the basis of criminal
and personnel data for the institutions of public
security. No one may enter an institution of
public security unless he has been duly certified
and registered in the system.
54 Political Constitution of the United Mexican States
c) The formulation of public policies intended
for the prevention of crimes.
d) The participation of community shall be
determined; it shall contribute, among other
things, to the processes of evaluation of policies
intended to prevent crime as well as the institutions
of public security.
e) The Federation shall deliver funds for public
security on a national level; they shall be brought
to the States and Municipalities to be destined
solely to those ends.
Article 22. Death penalty, mutilation and infamous
penalties, as well as branding, flogging, beating
with sticks, and torture of any kind, the imposition
of excessive fines, confiscation of property and any
other cruel, unusual and transcendental punishments
are prohibited. Every penalty shall be in proportion
to the crime committed and the legally-protected
interest.
The attachment of all or of a portion of a person’s
property for the payment of taxes or fines, or made
Title One 55
under judicial authority to make payment of civil
liability resulting from the commission of a crime,
shall not be deemed confiscation of property. Nor
shall the seizure of property ordered by the judicial
authority under the terms provided by Article 109
in case of illicit enrichment, shall be deemed
confiscation; nor the seizure of goods whose fee
is declared extinct by a sentence. In the case of
fee extinction there shall be a procedure according
to the following regulations:
I. It shall be jurisdictional and autonomous from
the criminal proceedings;
II. It shall take place in the cases of organized
crime, crimes against public health, kidnapping,
car theft and slave trade, in reference to the
following goods:
a) Those that are instrument, object or product
of a crime, even though criminal responsibility
has not been established by a sentence, as long
as there are enough elements to determine that
the crimes occurred.
56 Political Constitution of the United Mexican States
b) Those that are not instrument, object or
product of a crime, but that have been used
or destined to hide or mix the products of it,
provided that the elements established in the
previous clause have taken place.
c) Those that are being used for the commission
of a crime by a third party, if the owner was
aware of it and did not notify to the proper
authority or did something to stop it.
d) Those that are the property of third parties,
but there are enough elements to conclude that
they are the product of patrimonial or organized
crime, and the accused of such felonies behaves
like the owner.
III. Every person who consider themselves affected
can give notice of the respective appeals to
demonstrate the licit origin of the goods and their
acting in good faith, as well as that they were
disabled to be aware of the misuse of their goods.
Article 23. No criminal trial shall have more than
three stages. No one can be tried twice for the same
Title One 57
crime, whether he was acquitted or convicted. The
practice of acquitting for lack of evidence is
prohibited.9
Article 24. Every person is free to practice the
religious beliefs of his choice and to practice all
such ceremonies, devotions or acts of worship
pertaining to his respective faith, provided they do
not constitute a crime or an offence punishable by
the Law.
The Congress of the Union may not enact laws
establishing or prohibiting any religion.
Religious acts of public worship must regularly be
performed inside the churches. Those eventually
performed outside of them shall be subject to the
Law.
In Mexican law, when the evidence was inconclusive, the matter could be disposed of by an order of absolución de la instancia, which operated as a dismissal but not as a judgment for or against either party in a civil case, or as an acquittal or conviction in a criminal case. Hence, upon discovery of more evidence the case might be revived. Similar to the Scotch verdict of not proved, and to the Roman non liquet.
9
58 Political Constitution of the United Mexican States
Article 25. The State is in charge of directing national
development and must guarantee that such
development is comprehensive and sustainable, that
i t strengthens national sovereignty and its
democratic régime, and that it enables full exercise
of the liberties and dignity of the individuals,
groups and social classes, whose safety is protected
by this Constitution, by promoting economic growth
and employment, and a more just distribution of
income and wealth.
The State shall plan, conduct, coordinate and direct
national economic activity and shall carry out the
regulation and promotion of the activities required
by public interest within the framework of liberties
granted by this Constitution.
The public, social and private sectors shall concur,
with social responsibil i ty, in the economic
development of the Nation, without detriment to
other forms of economic activity that contribute
to the development of the country.
The public sector shall be in charge, in an exclusive
manner, of those strategic areas established in
Title One 59
Article 28, paragraph fourth of the Constitution, and
the Federal Government shall at all times maintain
ownership and control over the entities which may
be established, as appropriate.
Likewise, the State may participate by itself or
along with the social and private sectors, in
accordance with the Law, to foster and organize
such areas which are a priority for development.
Enterprises from the social and private sector of
the economy shall be supported and encouraged
under criteria of social equity and productivity,
subject to the particularities required by public interest
and to the use, for general benefit, of the productive
resources, taking care of their preservation and of
the environment.
The Law shall establish mechanisms to facilitate the
organization and expansion of economic activity
of the social sector: ejidos,10 workers’ organizations,
.
10 Ejido it is a concept that does not have translation. Ejido is a class of rural land tenure in the Mexican system, constituted by land communally held in common by the
60 Political Constitution of the United Mexican States
cooperatives, rural communities, enterprises which
are majority or exclusively owned by workers and,
in general, of all manners of social organization
for production, distribution and consumption of such
goods and services which are necessary for society.
The Law shall encourage and protect economic
activities carried out by private persons and shall
provide the conditions required so that the private
sector’s development contributes to national
economic development, according to the terms set
forth by this Constitution.
Article 26.
A. The State shall organize a system of democratic
planning for national development that gives
ejidatarios (who are the community of peasants who work it), village and cultivation lands that combine collective ownership by the ejido (a rural community) with individual use, to be exploited by the ejidatarios or individual members of the ejido. The disposal and transfer of ejido lands is subject to complex restrictions imposed by the Law. It can not be disposed of by the ejidatario, except upon compliance with certain procedures, involving several ejido and government authorities. It was instituted after the Mexican Revolution, which was the cornerstone of the Mexican land reform. (Becerra, Javier F., op. cit., Note 3, P. 299-300).
Title One 61
solidity, dynamism, permanence and equity to
the growth of the economy pursuant to the
political, social and cultural independence and
democratization of the nation.
The goals of the national project contained in
this Constitution shall determine the objectives
that guide planning. Planning shall be democratic.
The aspirations and requirements of society shall
be collected with the participation of diverse
social sectors, and shall be incorporated into
the development programs and to the plan. There
shall be a national plan for development to which
the programs of Federal Public Administration
shall compulsorily be subject.
The Law shall empower the President of the
Republic to establish the participation and popular
consultation procedures in respect to the national
democratic planning system, and the criteria to
prepare, implement, control and assess the
development programs and the resulting plan.
The Law shall also establish the agencies that
shall be responsible for the planning process
62 Political Constitution of the United Mexican States
and the bases under which the President of the
Republic shall coordinate, through agreements
with State governments, and shall induce and
arrange with private persons the actions to be
undertaken to prepare and to carry out the
planning process.
The Law shall establish the intervention of the
Congress of the Union in the democratic planning
system.
B. The State shall dispose of a National System of
Statistical and Geographical Information with
official data. All data contained in the System
shall be mandatory for the Federation, the States,
the Federal District and the Municipalities, as
provided by the Law.
The System shall be ruled and coordinated by
an organism with technical and management
autonomy, legal personality and its own
patrimony, invested with the necessary faculties
to rule the gathering, processing and publication
of information and will assure its observance.
Title One 63
The organism shall have a Board composed
by five members, one of which shall be its
President; the members shall be designated by
the President of the United Mexican States with
the approval of the Senate or, in its recesses,
by the Permanent Commission of Congress.
The Law shall establish the organization and
functioning of the National System of Statistical
and Geographical Information, according to the
principles of access to information, openness,
objectivity and independence; the requirements
to become a member of the Board, as well as
the tenure in office and how it shall be staggered.
The members of the Board shall only be removed
by a grave cause and they shall not be permitted
any other job, position or commission, except
for unpaid services in educational, scientific,
cultural or beneficiary institutions; and they shall
be subjected to the contents of Title Four of
this Constitution.
Article 27. Ownership of lands and waters within
the boundaries of national land territory is vested
64 Political Constitution of the United Mexican States
originally in the Nation, which has had and has, the
right to transmit title thereof to private persons,
thereby constituting private property.
No expropriations of private property shall be made
but for public convenience and necessity, and
subject to payment of indemnification.
The Nation shall at all time have the right to impose
on private property such restrictions as the public
interest may demand, as well as to regulate, for social
benefit, the utilization of those natural resources
which are susceptible of appropriation, in order to
make an equitable distribution of public wealth,
to conserve them, to achieve a balanced development
of the country and to improve the living conditions
of rural and urban population. Consequently,
measures shall be issued to order human settlements
and to establish adequate provisions, uses,
reserves and allocations of lands, waters and forests,
to carry out public works and to plan and regulate
the creation, maintenance, improvement and growth
of population centers; to preserve and restore
environmental balance; to divide large landed
Title One 65
estates; to provide, under the terms set forth by
the Law, the col lect ive exploi ta t ion and
organization of the ejidos and communal population
centers;11 to develop small rural property;12 to
promote agriculture, cattle breading, forestry and
other economic activities in rural environments, and
to prevent the destruction of natural resources
and damages that property may suffer to the
detriment of society.
11 Communal population center designated as núcleo de población comunal or comunidades, is a Mexican rural land tenure institution constituted by a settlement of peasants holding land in common, which tenure and disposition is also subject to limitations to protect the peasants’ rights. Most of this population centers originated as indigenous rural settlements. Settlers have occupied the land since the times of Spanish colonization. This class of land tenure has also certain particularities and is held in common. Communal population centers are, together with the ejido, institutions of land tenure for the protection of peasants and to prevent land concentrations in the hands of a few. Both institutions constitute the grounds of the Mexican land reform resulting from the 1910 Revolution and are regulated since the inception of this Constitution. (Becerra, Javier F., op. cit., Note 3, P.173)
12 Small Rural property designated as pequeña propiedad is the rural land tenure system that is accepted as private property. Its extension is a maximum of 10,000 hectares or its equivalent in other types of land. Larger landed Estates, called Latifundios were prohibited after the Mexican Revolution and are not permitted to be held in ownership by a single individual.
66 Political Constitution of the United Mexican States
The Nation has full ownership over all natural
resources of the continental shelf and the seabed
and subsoil of the submarine areas of the islands;
over all minerals or substances in veins, layers,
masses or ore pockets, constituting deposits which
nature is different from the components of the
earth, such as the minerals from which metals and
metalloids to be used in industry are extracted;
beds of precious stones, rock salt and deposits of
salts formed by sea water; the products derived
from rock decomposition, when their exploit
requires underground work; minerals or organic
deposits susceptible to be utilized as fertilizers; solid
mineral fuels; petroleum and all solid, liquid or
gaseous hydrocarbons; and the space located over
national land territory, in the extension and under
the terms established by International Law.
The Nation has full ownership over the waters of
territorial sea in the extension and under the terms
set forth by International Law; over internal waters;
waters of lagoons and estuaries permanently or
intermittently connecting with the sea; those of
Title One 67
natural inland lakes which are directly connected
with streams constantly flowing; river waters and
their direct and indirect tributaries, from the site
of the riverbed where the first permanent,
intermittent or torrential waters start to flow, to
their mouth in the sea, lakes, lagoons or estuaries
owned by the nation; those of constant or intermittent
streams and their direct or indirect tributaries,
whenever their beds along all the length of its way
or in a portion thereof serve as a boundary line of
national land territory or between two States,13 or
when they flow from one State to another or cross
the Republic’s boundary line; those of lakes, lagoons
or estuaries whose beds, zones or streams are
crossed by boundary lines dividing one or more
States or between the Republic and a neighbouring
country, or when the stream shoreline serves as a
boundary between two States or between the
13 The Mexican Constitution contains the expression entidades federativas which refers to the States of the Federation and the Federal District. For the purposes of this translation the term States shall mean the States of the Federation and the Federal District, unless otherwise noted. It is also possible to use federal entities instead.
68 Political Constitution of the United Mexican States
Republic and a neighbouring country; those of
springs flowing from beaches, maritime areas,
streams, basins, river beds, banks of lakes, lagoons
or estuaries owned by the Nation, and the ones
extracted from mines; and the streams, beds, or
banks of lakes and interior streams in the extensions
established by the Law. Underground waters may
be freely extracted by artificial works and may be
appropriated by the owner of the land, but
whenever the public interest should so require it,
or whenever other uses are affected, the President
of the Republic14 may regulate its extraction and
use and may even establish banned zones, and the
same may be done regarding other waters of
national ownership. Any other waters not included
in the foregoing listing shall be considered as an
integral part of the land through which they flow
or where their deposits are located, but should they
be located in two or more lots, the use of such
14 The Mexican Constitution contains the term Ejecutivo Federal which in accordance with Article 80 refers to the President of the United Mexican States. Therefore it has been translated as President of the Republic.
Title One 69
waters shall be considered of public convenience
and subject to provisions issued by the States.15
In the cases established in the two paragraphs
hereinbefore, the Nation’s dominion is inalienable
and not subject to the statute of limitation and the
exploitation, use or enjoyment of the resources in
question by private persons or by companies
incorporated in accordance with Mexican laws, may
not be undertaken save by means of concessions
granted by the President of the Republic and in
accordance with the rules and conditions set forth
by the Laws. Legal provisions regarding the
exploitation and works in respect to minerals and
substances referred in paragraph fourth, shall govern
the performance and verification of such exploitation
activities and works carried out or that should be
carried out, from its effective date, regardless of
the date the concessions were granted. Failure to
comply therewith shall cause the cancellation of
the concessions. The Federal Government has the
15 The terms used in this paragraph describing the different territorial elements are used as defined in the United Nations Convention of the Sea of 1982.
70 Political Constitution of the United Mexican States
right to establish and suppress national reserves
and the corresponding declarations shall be made
by the President of the Republic in the cases and
under the conditions provided by the Law. In the
case of petroleum and solid, liquid or gaseous
hydrocarbons, or of radioactive minerals, neither
concessions nor contracts shall be granted, nor shall
the ones previously granted, if any, survive, and the
Nation shall carry out the exploitation of such
products under the terms set forth in the respective
Law. It pertains exclusively to the Nation to produce,
conduct, transform, distribute and supply electric
power to provide a public service. In this matter
no concessions shall be granted to private persons,
and the Nation shall apply the goods and natural
resources required to serve such purpose.
The use of nuclear fuels to generate nuclear energy
and the regulation of its applications for other
purposes pertains to the Nation too. Nuclear energy
may only be applied to peaceful use.
Within an exclusive economic zone, situated outside
the territorial sea and adjacent thereof, the Nation
exercises the sovereign rights and jurisdiction set
Title One 71
forth in the laws enacted by Congress. The exclusive
economic zone shall extend to two hundred nautical
miles from the baselines from which the territorial
sea is measured. In cases where said extension
should produce a superposition over the exclusive
economic zones of other countries, the boundaries
of the respective zones shall be established as
needed, through agreements with such countries.
The legal capacity to acquire domain over the
Nation’s lands and waters shall be governed by
the following provisions:
I. Only Mexicans by birth or naturalization and
Mexican companies have the right to acquire
domain over lands, waters and their appurtenances
or to obtain mining or water exploitation
concessions. The State may grant the same right
to foreigners, provided they agree before the
Secretariat of Foreign Relations16 to consider
16 In international treaties signed by Mexico the term Secretaría de Relaciones Exteriores (Ministry of Foreign Affairs) is translated as Secretariat of Foreign Relations. This translation has elected to use the official term.
72 Political Constitution of the United Mexican States
themselves as nationals in respect to such
property and not to invoke the protection of
their governments in reference to said property,
under penalty, in case of defaulting the
agreement, of forfeiting in benefit of the Nation,
the property acquired by virtue thereof. In no
case may foreigners acquire direct domain over
lands and waters in a zone of one hundred
kilometres along the international borders and
fifty kilometres along the shore.
The State, according to domestic public interest
and to reciprocity principles and at the discretion
of the Secretariat of Foreign Relations, may
authorize foreign States to acquire, at the site
where Federal Powers permanently reside,
private ownership over the real estate needed
for the direct service of their embassies or
delegations.
II. Religious associations created in accordance
with the terms provided in Article 130 and its
Law, shall have legal capacity to acquire, possess
or manage exclusively, such property which is
Title One 73
essential for their purpose, subject to the
requirements and restrictions set forth by the Law.
III. Public and private charitable institutions,
whose object is to aid the needy, to carry out
scientific research, to spread education, or to
provide mutual aid to their members, or any other
lawful purpose, may not acquire other real estate
property than that which is essential to fulfill
their object, and which is immediately or directly
devoted thereto, subject to the provisions of
the Law.
IV. Corporations may own rural lands but only
in the extension necessary to fulfill their object.
In no case may such class of companies hold in
ownership lands dedicated to agriculture, cattle
breading, or forestry activities, in an extension
greater than the respective equivalent to twenty
five times the limits specified in section XV of
this Article. The Law shall determine the capital
structure and minimum number of partners of
these corporations so that the lands owned
74 Political Constitution of the United Mexican States
by them do not exceed, in relation to each partner,
the limits of small rural property. In this case
all individual stock ownership corresponding
to rural lands shall be cumulative for computation
purposes. Likewise, the Law shall establish the
requirements for the participation of foreigners
in said corporations.
The Law shall establish the means for registry
and control required to comply with the provisions
of this section.
V. Banks duly authorized, in accordance with
the laws of credit institutions, can have capital
imposed over urban and rural properties17 as
provided under said laws, but they may not hold
in property as owners or in management, any
more real estate than that which is entirely
necessary to fulfill their direct object.
VI. The Federal District and the States, as well
as the Municipalities of the Republic, shall have
17 It refers mainly to mortgage loans on urban and rural property.
Title One 75
full legal capacity to acquire and possess all
the real estate required for public services.
The laws of Federation and of the States, within
their respective jurisdictions, shall establish the
cases in which public convenience and necessity
require the taking of private property and in
accordance with said laws, an administrative
authority shall issue the corresponding statement.
The price fixed as indemnification for the
expropriated property shall be based on its
registered value, as it appears in the records of
the cadastral bureau or tax collection office,
regardless of whether such value was reported
by the owner, or tacitly accepted by him, for
having paid his taxes according to such base.
Only the increased or decreased value of said
private property due to any improvements or to
any deterioration occurring after the tax appraisal
base was set, shall be the portion of its value
subject to the assessment of experts and to
judicial resolution. The same provision shall
apply to any objects which value is not fixed in
tax collection offices.
76 Political Constitution of the United Mexican States
The exercise of actions corresponding to the
Nation by virtue of this Article’s provisions shall
be enforced by judicial proceedings. During said
proceedings and by order of the corresponding
courts, which shall be issued within a maximum
term of one month, administrative authorities
shall occupy, manage, auction or sell the lands
or waters in quest ion along with their
appurtenances. In no case may the said actions
be undone by the same authorities who performed
them, before a final judgment on the case is
issued.
VII. The legal capacity of ejido and communal
population centers is recognized and their
ownership over the land is protected, whether
for human settlements as well as for productive
activities.
The Law shall protect the integrity of the lands
of native indigenous groups.
The Law, considering the respect due to, and
the need to strengthen the community life of,
Title One 77
ejidos and communal population centers, shall
protect the land for human settlements and
shall regulate the uses of the lands, forests
and waters used by the community and the
implementation of the promotional actions
required to improve the quality of life of their
inhabitants.
The Law shall regulate the exercise of comuneros18
rights over their land and of each ejidatario over
his parcel, respecting their will to adopt the
conditions which best suit them to profit from
the use of their productive resources. The Law
shall likewise establish the procedures whereby
ejidatarios and comuneros may associate among
themselves or with the State or with third parties,
and grant the use of their lands; and in the case
of ejidatarios, the procedure to transfer their
18 Ejidatario is the individual who is a member of an ejido. He is assigned a parcel of land to work, which transfer is subject to restrictions. Comunero is an individual member of a communal population center who participates in the exploitation of the rural land held in common by the community members, whose land disposition is also subject to restrictions.
78 Political Constitution of the United Mexican States
parcel rights to members of their rural settlement.
It shall also set forth the qualifications and
procedures whereby the assembly of the ejido19
shall grant the ejidatario private rights over his
parceled land. In cases of transfer of parceled
lands, the rights of first refusal set forth by the
Law shall be respected.
Within a same rural settlement, no ejidatario may
hold title over more land than the equivalent of
five percent of the total land belonging to the
ejido. In any case, title over land in favor of one
sole ejidatario must adjust to the restrictions
set forth in section XV.
The general assembly is the supreme authority
of the ejido or communal population center, and
it shall be organized and in charge of such duties
19 The general meeting of ejido members, similar to a corporation’s stockholders meeting, is the supreme internal authority of the ejido and is governed by managing board of 3 members called Comisariado Ejidal; the same structure applies to the Indigenous Community. It is called Comisariado de Bienes Comunales, both institutions have also, a 3 member board of examiners called Consejo de Vigilancia.
Title One 79
as the Law establishes. The comisariado ejidal
or comisariado de bienes comunales,20 is a body
democratically elected according to the terms
provided by the Law. It is representing the
population settlement and the one responsible
to carry out the resolutions issued by the general
assembly.
Restitution of lands, forests and waters to rural
settlements shall be done according to the terms
provided in the Law.
VIII. The following actions are decreed null and
void:
a) All transfers of lands, waters and woodlands
belonging to towns, villages, settlements or
communities, made by political chiefs, State
governors, or by any other State or local authority
in contravention to the provisions set forth in
the Law of June 25 of 1856, and any other relative
laws and provisions;
20 Ejido o Comunero authority.
80 Political Constitution of the United Mexican States
b) All concessions, arrangements or sales of
lands, waters and woodlands, made by the
Secretariat of Promotion or by the Secretariat
of the Treasury, or by any other federal authority
from the first day of December of 1876 to this
date, under which ejidos, lots for distribution
to rural communities, or lands of any other kind
belonging to towns, villages, hamlets or
communities, and rural settlements, shall have
been invaded and unlawfully occupied;
c) All survey and demarcation procedures,
transactions, transfers or auctions performed
during the period referred under the foregoing
section, by companies, judges or any other State
or federal authorities, under which lands, waters
and woodlands of ejidos, lands for common
distribution, or lands of any other kind belonging
to rural settlements, shall have been invaded
or unlawfully occupied.
The only lands excepted from the nullity
hereinbefore set forth are those which title deeds
were executed in the land distributions made
in accordance with the Law of June 25 of 1856
Title One 81
and in respect to which a person, under his own
name, has held possession as owner for over
ten years, provided the area does not exceed
fifty hectares.
IX. The division or distribution made with an
appearance of legitimacy among neighbors of
a rural settlement and in which there was error
or vice, may be annulled at the request of three
fourths of the neighbors who are in possession
of one fourth of the lands which were subject
to the partition, or of one fourth of such
neighbours, should they possess three fourths
of the land.
X. (Repealed).
XI. (Repealed).
XII. (Repealed).
XIII. (Repealed).
XIV. (Repealed).
XV. Extensive land holdings are prohibited in
the United Mexican States.
82 Political Constitution of the United Mexican States
Small rural property is the land which area does
not exceed one hundred hectares of irrigated
or wetland prime soil, or its equivalent in other
classes of soil, per individual.
For purposes of equivalence, one hectare of
irrigated soil shall be equivalent to two of seasonal
soil, to four of good quality pastureland and to
eight of forest, woodland or pastureland in arid
soil lots.
Rural private property is the lot which area does
not exceed one hundred and fifty hectares per
person when the ground is dedicated to cotton
cultivation if the lands are irrigated; and lots of
three hundred hectares when dedicated to
cultivating banana, sugar cane, coffee, henequen,
rubber, palm oil, wine grapes, olives, quinine,
vanilla, cacao, agave,21 prickly pear tree or fruit
trees.
21 Agave is the succulent plant cultivated to produce Mezcal or Tequila, being the latter a designation of origin of a fermented drink constituting an important original Mexican export product.
Title One 83
Private property for grazing is land which shall
not exceed an area necessary to maintain up to
five hundred heads of large livestock or its
equivalent in small livestock, per person, in
accordance with the terms set forth by the Law,
and subject to the foraging capacity of the soil.
When by reason of works of irrigation, drainage
or any other works done by the owners or
possessors of a rural private property, the quality
of the soil shall have been improved, the land
will still be considered small rural property, even
if it exceeds, by virtue of the improvements made,
the maximum limits set forth in this section,
provided that the requirements established by the
Law are met.
Whenever improvements are made to the soil
of small grazing property whereupon such soil is
dedicated to agricultural uses, the area so
utilized may not exceed, as the case may be,
the limits referred under paragraphs second and
third of this section in respect to the quality of
said lands before the improvement.
84 Political Constitution of the United Mexican States
XVI. (Repealed).
XVII. The Congress of the Union and the States
Legislatures, in their respective jurisdictions,
shall enact laws establishing the procedures to
partition and transfer the land extensions which
exceed the limits set forth under sections IV
and XV of this Article.
The surplus land shall be partitioned and sold
by its owner within a term of one year from the
date of the corresponding notice. If at the end
of such term the surplus land has not been
transferred, it shall be sold by public auction.
In equal conditions, any pre-emptive rights set
forth in the Law shall be respected.
Local laws shall organize the family estate,
establishing the properties and goods which
must compose it, under the grounds that it shall
be inalienable and not subject to any attachments
or liens.
XVIII. All contracts and concessions executed
by previous governments, from the year of 1876
Title One 85
to date, which have resulted in hoarding of lands,
waters and natural resources of the Nation,
under one sole person or company are declared
subject to review, and the President of the
Republic is empowered to declare any of them
null and void whenever they imply a serious
prejudice to public interest;
XIX. On the grounds of this Constitution, the
State shall support legal counseling for peasants
and shall establish the measures required to
provide agrarian justice in a prompt and honest
manner, aiming to guarantee legal certainty in
respect to the land tenure of ejidos, communal
population centers and small rural property.
All issues pending or arising between two or
more population settlements by cause of ejido
and communal land boundaries, whatever their
origin, are under federal jurisdiction; as well as
any issues related to land tenure of ejidos and
communal population centers. For this purposes,
and in general, for ministering agrarian justice,
the Law shall establish tribunals vested with
86 Political Constitution of the United Mexican States
autonomy and full jurisdiction, composed by
Magistrates22 proposed by the President of the
Republic and appointed by the Senate or, in the
adjournments thereof, by the Permanent
Commission.
The Law shall establish an agency to act as counsel
for peasants in matters of agrarian justice, and
XX. The State shall promote the conditions to
attain a comprehensive rural development,
aimed at creating jobs and guaranteeing the
welfare of the peasant population and their
participation and integration to national
development, and it shall foster agricultural,
cattle raising and forestry activities for optimal
uses of the land through infrastructure works,
raw materials, credits, training services and
technical assistance. The State shall likewise
issue legislation to plan and organize agricultural
22 The text in Spanish uses the term paraestatal. This term refers to several public agencies and corporations, which are under diverse levels of government control. Some dictionaries translate it as quasi-public corporations.
Title One 87
and cattle production, and the industrialization
and marketing thereof, considering these as
activities of public interest.
Article 28. In the United Mexican States monopolies,
monopoly practices, state monopolies and tax
exemptions are prohibited under the terms and
conditions set forth by the laws. The same treatment
shall be given to prohibitions on account of
protections to industry.
Consequently, the Law shall severely punish and
the authorities shall efficiently prosecute, any
concentration or hoarding, in one or in few hands,
of essential consumer products for the purpose of
raising prices; any agreement, procedure or
combinations, in whatever manner they may be
made, of producers, manufacturers, merchants or
service providing entrepreneurs, to prevent free
market or competition among themselves, in order
to force consumers to pay exaggerated prices, and
in general, anything constituting an exclusive and
undue advantage in favour of one or more specific
persons in detriment to the public in general or to
any social class.
88 Political Constitution of the United Mexican States
The laws shall set forth the bases to establish
maximum prices for articles, commodities or
products considered essential for the country’s
economy or for popular consumers, as well as to
impose the particularities to organize the distribution
of said articles, commodities or products, in order
to prevent unnecessary or excessive intermediation
from causing insufficiencies in supply, as well as
price increases. The Law shall protect consumers
and encourage them to organize themselves to better
protect their interests.
The functions performed in an exclusive manner
by the State in the following strategic areas shall
not constitute monopolies: postal service, telegraphs
and radiotelegraphy; petroleum and any other
hydrocarbons; basic petrochemical; radioactive
minerals and generation of nuclear energy; electricity
and any other activities explicitly established by
the laws enacted by the Congress of the Union.
Satellite communications and railways are priority
areas for national development under the terms
provided in Article 25 of this Constitution. The State,
Title One 89
by exercising its direction over them, shall protect
the security and sovereignty of the Nation, and
when granting concessions or permits, it shall
maintain or establish its domain over the respective
means of communications and transportation in
accordance with relevant statutory laws.
The State shall have the agencies and companies
required to efficiently manage the strategic areas
are entrusted to it and in those prioritized activities
where, according to the laws, it shall participate
by itself or along with the private and social sectors.
The State shall have a central bank vested with
autonomy in the exercise of its duties and
management. Its main objective shall be to foster
stability in domestic currency’s purchasing power,
thus strengthening the guidance of the State in
respect to national development. No authority may
order the bank to provide financing.
The functions performed in an exclusive manner by
the State, through the central bank, in the strategic
areas of coining money and issuance of bills, do
90 Political Constitution of the United Mexican States
not constitute a monopoly. The central bank, under
the terms provided by the laws and with the
participation of other authorities with competent
jurisdiction thereon, shall regulate exchange rates,
as well as banking and financial services, and shall
have the powers and authority required to carry
out such regulating actions and to enforce their
compliance. The management of the bank shall be
entrusted to the persons appointed by the President
of the Republic with approval by the Senate or the
Permanent Commission, when applicable. They shall
hold office for terms which duration and sequences
are best suited to the autonomous exercise of their
duties; they may only be removed for a serious
cause and may not hold any other employments,
offices or commissions, except for those in which
they act in the name of the bank, and pro bono
activities in teaching, scientific, cultural or charitable
organizations. The persons in charge of the central
bank may be subject to impeachment trials in
accordance with the provisions set forth under
Article 110 of this Constitution.
Title One 91
The associations of workers constituted to protect
their own interests, and producers’ cooperatives
or associations that, in defense of their interests or of
general interest, sell directly in foreign markets,
any domestic or industrial products which are the
main source of wealth in the region where they
are produced and which are not essential consumer
products, shall not constitute a monopoly, provided
such associations are under the supervision or
protection of Federal or State governments and that
they have been previously authorized theretofor
by their respective State legislature in each case.
Such Legislatures, by themselves or at the proposal
of the President of the Republic or the Governor,
as appropriate, may repeal when public welfare
should so require it, any authorizations granted to
constitute the associations in question.
The privileges granted for a certain time to authors
and artists for the production of their works and
those granted to inventors for the exclusive use of
their inventions and improvements, shall not
constitute monopoly.
92 Political Constitution of the United Mexican States
The State may, in accordance with the law and in
case of general interest, grant concessions for the
provision of public services or for the exploitation,
use and profit of property owned by the Federation,
save for the exceptions established by the laws.
The laws shall set forth the requisites and conditions
required to guarantee the efficiency of the services
rendered and the social use given to such property,
and shall prevent occurrences of hoarding which
contravene public interest.
The subjection to a public service régime shall abide
by the provisions of the Constitution and may only
be carried out through a law.
Subsidies may be granted to economic priority
activities, when such subsidies are of a general and
temporary nature and do not impact substantially
the Nation’s finances. The State shall supervise their
application and appraise their results.
Article 29. In case of invasion, serious disturbances
of public peace, or any other event which may
place society in severe danger or conflict, only the
Title One 93
President of the Republic, in accordance with
the incumbents of the Secretariats of State and the
Attorney General of the Republic, and with approval
of the Congress of the Union, or in the latter’s
adjournments, of the Permanent Commission, may
suspend throughout the country or in a certain
place thereof, those constitutional rights which may
constitute obstacles to rapidly and easily confront
the situation; but such suspension must be only
for a limited time and it must be issued by means
of general provisions which must not be restricted
to a certain individual. Should the suspension occur
while Congress is in session, the latter shall grant
such authorizations as it deems necessary, to enable
the President of the Republic to face the situation,
but should it take place during an adjournment
period, the Congress shall at once be summoned
to authorize such measures.
CHAPTER TWO Mexican nationals
Article 30. Mexican nationality is acquired by birth
or by naturalization.
A. The Mexican nationals by birth are:
I. Those born in the land territory of the Republic,
regardless of their parents’ nationality;
II. Those born in a foreign country from Mexican
parents born in national land territory, or from
a Mexican father born in national land territory,
or from a Mexican mother born in national land
territory;
III. Those born in a foreign country from Mexican
parents by naturalization, or from a Mexican father
by naturalization, or from a Mexican mother by
naturalization; and
95
96 Political Constitution of the United Mexican States
IV. Those born on Mexican vessels or aircrafts,
whether war or merchant ones.
B. The Mexicans by naturalization are:
I. Those aliens who obtain from the Secretariat
of Foreign Relations a certificate of naturalization.
II. Any alien woman or man who marries a
Mexican man or woman, who has or who
establishes residence in national land territory
and complies with the requirements set forth
by the Law for that purpose.
Article 31. Mexicans have the following duties:
I. To see that their children or wards attend
public or private schools to obtain pre-school,
elementary and high school education and to
receive military education in the terms set forth
by the Law;
II. To be present on the days and during the
hours designated by the City Hall of the place
where they reside, to receive civic and military
instruction which shall provide them with the
abilities to exercise citizen’s rights, to be skilled
Title One 97
in handling weapons and knowledgeable in
respect to military discipline;
III. To enroll and serve in the National Guard,
in accordance with the respective organic law,
in order to secure and defend the independence,
land territory, honor, rights and interests of their
homeland, as well as domestic tranquillity and
order; and
IV. To contribute to the public expenditures of
the Federation, of the Federal District or of the
State and Municipality where they reside, in the
proportional and equitable manner provided by
the laws.
Article 32. The Law shall regulate the exercise of
the rights granted by Mexican legislation to Mexicans
who possess other nationality and shall issue
provisions to avoid conflicts of double nationality.
The exercise of offices or functions which, as
provided in this Constitution, require the incumbent
to be a Mexican by birth, is reserved for those who
fill such qualification and do not acquire other
nationality. This reservation is also applicable to
98 Political Constitution of the United Mexican States
cases established in other laws enacted by the
Congress of the Union.
No alien may serve neither in the Army nor in the
police or public security forces in times of peace.
Only Mexicans by birth may be active members of
the Army in times of peace, and of the Navy or Air
Force at any time, or hold any office or commission
therein.
The same requirement of being Mexican by birth
shall be an indispensable qualification for captains,
pilots, chiefs, machinists, and all crew members of
any merchant vessel or aircraft under the Mexican
flag or insignia. Such status shall also be a necessary
qualification to hold the offices of port authority
and all steering services, as well as the office of
airport commander.
Under equal circumstances Mexicans shall be
preferred over aliens for concessions of all sorts
and for all government jobs, offices or government
commissions where the qualification of citizenship
is not indispensable.
CHAPTER THREE Aliens
Article 33. Aliens are the ones who do not have
the qualifications set forth in Article 30. They are
entitled to the constitutional rights granted under
Chapter I, Title First of this Constitution; but the
President of the Republic shall have the exclusive
power to compel any alien whose permanence he
may deem inconvenient, to depart from land
territory immediately and without any previous
hearing.
In no way may aliens intervene in the country’s
domestic political affairs.
99
CHAPTER FOUR Mexican citizens
Article 34. The Mexican citizens of the Republic
are those men and women who have the status
of Mexicans, and also ful f i l the fol lowing
requirements:
I. To have attained 18 years of age, and
II. To have an honest way of living.
Article 35. Citizens have the following prerogatives;
I. To vote in popular elections;
II. To be elected for public office and to be
appointed for any other job or commission,
provided that the qualifications set forth in the
Law have been filled;
101
102 Political Constitution of the United Mexican States
III. To freely and individually associate to
participate in a peaceful manner in the country’s
political affairs;
IV. To take arms in the Army or the National
Guard to defend the Republic and its institutions
according to the terms provided by the laws; and
V. To exercise the right to petition in all sorts of
issues.
Article 36. The citizens of the Republic have the
following duties:
I. To register in the Municipality’s cadastre, the
property they hold, the industry, profession or
job by which they earn their living; as well as
to register themselves in the National Registry
of Citizens, in accordance with the terms provided
by the laws.
The permanent operation and organization of
the National Registry of Citizens and the issuance
of the document evidencing Mexican citizenship
are public interest services, and constitute a duty
Title One 103
both of the State and of the citizens, in the terms
provided by the Law;
II. To enroll in the National Guard;
III. To vote in popular elections under the terms
set forth by the Law;
IV. To hold popular election offices of the
Federation or of the States, which shall never
be performed for free; and
V. To hold the office of councilman in the
Municipality where he resides, and to perform
electoral and jury duties.
Article 37.
A) No Mexican by birth may be deprived of his
nationality.
B) Mexican nationality by naturalization shall be
forfeited in the following cases:
I. For voluntarily acquiring a foreign nationality,
or for representing himself as an alien in any
public instrument, for using a foreign passport,
104 Political Constitution of the United Mexican States
or for accepting or using nobility titles which
imply submission to a foreign State, and
II. For residing in a foreign country during five
continuous years.
C) Mexican citizenship is forfeited:
I. For accepting or using nobility titles of foreign
governments;
II. For voluntarily rendering official services to
a foreign government without authorization by
the Congress of the Union or its Permanent
Commission;
III. For accepting or wearing any foreign medals
without permission from Congress of the Union
or its Permanent Commission;
IV. For accepting titles or functions from the
government of another country without previous
authorization by the Congress of the Union or
its Permanent Commission, except for literary,
scientific or humanitarian titles which may be
accepted unrestrictedly;
Title One 105
V. For providing assistance to a foreigner or to
a foreign government in any diplomatic claim or
before an international tribunal against the
Nation; and
VI. In any other cases provided by the laws.
In the case of sections II to IV of this Chapter,
the Congress of the Union shall establish in the
respective Law, the cases of exception where the
authorizations and licenses shall be deemed
granted, upon the sole request submitted by
the interested party, once the term established
theretofor has elapsed.
Article 38. Citizens’ rights or prerogatives are
suspended:
I. For failure to comply, without justifiable cause,
with any of the obligations imposed by Article
36. This suspension shall be for a term of one
year and shall be in addition to the imposition
of any other penalties set forth by the Law for
the same fact;
106 Political Constitution of the United Mexican States
II. For being subject to criminal proceedings
for a crime punished by imprisonment, which
suspension shall be computed from the date of
the order for commitment;
III. While the imprisonment term imposed is
being served;
IV. For vagrancy or habitual drunkenness,
determined in accordance with the terms
provided by the laws;
V. For being a fugitive from justice, which
suspension shall be computed from the date of
the warrant of arrest until criminal action is
bared by the statute of limitations; and
VI. For final and binding judgement imposing
said suspension as a penalty.
The Law shall set forth the cases where citizen’s
rights are forfeited, and any other cases where said
rights are suspended and the manner to reinstate
such rights.
TITLE TWO
CHAPTER ONE National sovereignty and form of government
Article 39. National sovereignty is vested essentially
and originally in the people. All public power
derives from the people and is instituted for their
benefit. The people have at all times the inalienable
right to alter or amend their form of government.
Article 40. It is the will of the Mexican people to
constitute a representative, democratic and federal
Republic composed by States, free and sovereign
in all matters concerning their internal affairs; but
united in a federation established according to the
principles of this fundamental law.
Article 41. The people exercise their sovereignty
through the Powers of the Union, in the cases under
their jurisdiction, and through the Powers of the
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108 Political Constitution of the United Mexican States
States concerning their internal régimes, in the
terms respectively established by this Federal
Constitution and the particular constitutions of the
States, which may never contravene the provisions
of the Federal Pact.
The renewal of the Legislative and Executive
Branches shall be made through free, genuine and
periodic elections, subject to the following bases:
I. Political parties are entities of public interest;
the Law shall determine the ways in which they
shall participate in the electoral process. National
political parties shall be entitled to participate
in State, municipal and Federal District elections.
The purpose of political parties is to promote
the participation of the people in democratic
l i fe , to contr ibute to integrate nat ional
representation and as citizens’ organizations, to
enable citizens’ access to the exercise of public
power in accordance with the programs,
principles and ideas they propose and through
general, free, secret and direct elections. Only
citizens may freely and individually affiliate to
Title Two 109
political parties; therefore, it is forbidden the
intervention of guild organizations or with a social
object different to the creation of parties and
any form of corporative affiliation.
Electoral authorities can only intervene in the
internal affaires of the political parties in the terms
set forth by this Constitution and the Law.
II. The Law shall guarantee that national political
parties can count, in an equitable manner, with
the resources needed to perform their activities
and it shall set forth the regulations to which
the financing of political parties and their election
campaigns must be subjected, and it must
guarantee that public resources prevail over
those of private origin.
Public financing for political parties maintaining
their registry after each election, shall be composed
with the ministrations allotted to sustain their
permanent regular activities and the ones
tending to obtain votes during election processes
and those of specific nature. It shall be granted
110 Political Constitution of the United Mexican States
in accordance with the following provisions and
as established in the law:
a) Public financing for the sustenance of their
permanent regular activities shall be established
annually, multiplying the total number of citizens
registered in the electoral roll by 75% of the
daily minimum wages in vigor for the Federal
District. The 30% of the resulting amount shall
be distributed between the political parties in
an equal manner and the remaining 70%
according to the percentage of votes which they
obtained in the previous Deputies election.
b) Public financing for activities intended to
obtain votes during the year in which the President
of the Republic, Senators and Federal Deputies
are to be elected, shall be equivalent to the
50% of public financing corresponding to each
political party for regular activities on that same
year; when only Federal Deputies are to be
elected, it shall be equivalent to the 30% of said
financing for regular activities.
Title Two 111
c) Public financing for specific activities related
to education, training, socio-economic and
political investigation, as well as editorial tasks,
shall be equivalent to the 3% of the total sum
of the corresponding public financing each year
for regular activities. The 30% of the resulting
amount shall be distributed between the political
parties in an equal manner and the remaining
70% according to the percentage of votes which
they obtained in the previous Deputies election.
The Law shall set forth the criteria to determine
the limitations for political parties’ expenditures
in the selection of their candidates and their
election campaigns; it shall establish the maximum
amounts for monetary contributions from their
supporters, whose total amount shall not
annually exceed, for each party, the 10% of the
expenditures’ limit established for the last
presidential campaign; it shall also set forth the
procedures to control and supervise the origin
and use of all the resources available to them
and the penalties to be imposed for failure to
comply with these provisions.
112 Political Constitution of the United Mexican States
Likewise, the Law shall establish the procedure
for the liquidation of liabilities of the parties
that loose their registry and the cases in which
their goods and remnants shall be adjudicated
to the Federation.
III. National political parties shall have the right
to the permanent use of the media.
Subdivision A. The Federal Electoral Institute
shall be the only authority for the administration
of the time the State shall have on radio and
television destined to its own ends and the
exercise of the national political parties’ rights,
according to the following and the provisions
of the laws:
a) From the beginning of the pre-campaigns
until the day of the election, the Federal Electoral
Institute shall have forty eight minutes a day,
which shall be distributed in two up to three
minutes for each hour of transmission in every
radio station and television channel, at the hour
referred to in section d) of this Subsection;
Title Two 113
b) During their pre-campaigns, the political
parties shall have, as a whole, one minute for
each hour of transmission on every radio station
and television channel; the remaining time shall
be used according to the provisions of the Law;
c) During electoral campaigns, at least 85% of
the total available time to which refers section
a) of this Subsection shall be destined to cover
the political parties’ right;
d) The transmissions in every radio station and
television channel shall be distributed within
the programming time between 06:00 and 24:00
hours;
e) The time established as political parties’ right
shall be distributed between them according to
the following: 30% in an equitable way and the
remaining 75% according to the results of the
previous election for Federal Deputies;
f) Each national political party not represented
at the Congress of the Union shall have for radio
and television only the corresponding part to the
114 Political Constitution of the United Mexican States
equitable percentage established in the previous
section, and
g) Notwithstanding the previsions of Subsections
A and B of this Basis and out of the federal
campaigns and pre-campaigns periods, the
Federal Electoral Institute shall have up to 12%
of the total time the State disposes of in television,
according to the laws and under any form; from
that total, the Institute shall distribute between
the national political parties, in an equal way,
50%; the remaining time shall be used for its
own ends or those of other electoral authorities,
federal or local. Each national political party shall
use its corresponding time in a monthly, five
minute long program and the rest in twenty
second long individual spots. In any case, the
transmissions to which this section refers to shall
take place in the hour specified by the Institute
according to section d) of this Subsection. In
special situations, the Institute shall dispose of
the time for parties’ messages in favor of one
specific party, when it is justified to do so.
Title Two 115
In no time the political parties shall be able to
hire or acquire, by themselves or through a third
party, time in any form of radio and television.
No artificial or natural person, individually or
through a third party, can hire radio or television
propaganda in order to influence on the people’s
electoral preferences, nor in favor or against
political parties or candidates to popular election
office. The transmission throughout the national
territory of this sort of messages hired abroad is
forbidden.
The dispositions contained in the two previous
paragraphs shall be fulfilled in the States and the
Federal District according to the applicable laws.
Subsection B. For electoral ends in the States,
the Federal Electoral Institute shall administer
the times corresponding to the Federal State in
radio and television in the stations and channels
of the corresponding State, according to the
following and the previsions of the Law:
a) In the cases of local electoral processes with
electoral journeys coincident with the federal,
116 Political Constitution of the United Mexican States
the assigned time in each State shall be comprised
within the available total according to sections
a), b) and c) of Subsection A from this Basis;
b) For the rest of the electoral processes, the
assignation shall be made according to the Law,
following the criteria from this constitutional
Basis, and
c) The distribution of times between the political
parties, including the ones with local registry,
shall be made according to the criteria established
on Subsection A of this Basis and the previsions
of applicable laws.
Whenever the Federal Electoral Institute
considers that the total time in radio and
television to which this and the previous
Subsections refer is not enough for its ends or
those of other electoral authorities, it shall
determine the necessary steps to cover the
remaining time, according to the faculties
conferred to it by the Law.
Subsection C. In the electoral or political
propaganda that they publish, the political
Title Two 117
parties shall not use expressions which denigrate
the institutions or the parties themselves, or that
slander the people.
During the time comprised by the federal and
local electoral campaigns, until the end of the
respective electoral journey, diffusion of
governmental propaganda, whether from the
federal and local Powers , or f rom the
Municipalities, government entities of the Federal
District, the Delegations thereof and any other
public entity, shall be suspended. The only
exceptions to this shall be the information
campaigns divulged by the electoral authorities,
those related to educational or public health
services, or the necessary for civil protection in
case of an emergency.
Subsection D. Infractions to the previsions of
this Basis shall be sanctioned by the Federal
Electoral Inst i tute by means of prompt
proceedings which can include the order of
immediate cancellation of radio and television
transmissions, grantees and concessionaires,
which violate the Law.
118 Political Constitution of the United Mexican States
IV. The Law shall establish the terms for the
partisan procedures of selection and nomination
of candidates to public offices, as well as the
regulations for electoral campaigns and pre-
campaigns.
The length of the campaigns in the election year
for President of the Republic, Senators and
Federal Deputies shall be of ninety days; in the
year in which only Federal Deputies are to be
elected, the campaigns shall last sixty days. In
any case the pre-campaigns shall last more than
the two thirds of the time of the electoral
campaigns.
If the parties or any other natural or artificial
person violates these dispositions, they shall be
penalized according to the Law.
V. Organizing federal elections is a State function
carried out through an autonomous public entity
called Federal Electoral Institute; such entity has
been vested with legal capacity and patrimony
of its own, and is composed with the participation
Title Two 119
of the Legislative Branch of the Union, national
political parties and citizens, in accordance with
the terms provided by the Law. The principles
that shall govern the exercise of this State
function are: certainty, legality, independence,
impartiality and objectivity.
The Federal Electoral Institute shall be an
authority in this matter, and shall be independent
as to its decisions and operations, and shall be
professional in regards to its performance; its
structure shall have managing, executive,
technical and supervising bodies. The General
Council shall be its highest managing body and
shall be composed by one Chairman and eight
Electoral Councillors, and there shall also be
counci lors f rom the Legis la t ive Power,
representatives from political parties and an
Executive Secretary, all of whom shall be present
in the meetings and entitled to be heard but
not to vote. The Law shall establish the rules for
organizing and operating such bodies, as well
as the chain of command among them. Executive
and technical bodies shall have the necessary
120 Political Constitution of the United Mexican States
qualified staff to provide professional election
services. A General Comptrollership, technically
and operatively autonomous, shall be in charge
of supervising all of the Institutes’ incomes and
expenditures. The provisions in the Election Law
and the Statute, which under the grounds of the
aforesaid law shall be approved by the General
Board, shall govern the labor relations with the
employees of the Federal Electoral Institute.
The supervising bodies shall be constituted by
a majority of representatives of national political
parties. The governing boards for voting booths
shall be composed by citizens.
The Chairman shall remain in his office for six
years and can be reelected once. The Electoral
Councillors shall remain in their office for nine
years without reelection and shall be renewed
in a stepped manner. According to the case, the
Chairman and the Councillors shall be elected
successively by the vote of two third of the
individuals in the Chamber of Deputies, at
the proposal of the parliamentary groups preceded
by a social consultation. In the complete
Title Two 121
absence of the Chairman or any of the Electoral
Councillors, the substitute shall be elected to
conclude the period of vacancy. The Law shall
set forth the corresponding regulations and
proceedings.
The Chairman and the Electoral Councillors may
not hold any other job, duty or commission with
the exception of those where they act in
representation of the General Council and the
ones performed for academic, scientific, cultural,
research, or charitable associations in a pro bono
basis. The remuneration received by the Chairman
and the Electoral Councillors shall be equal to
the one provided for the Justices of the Nation’s
Supreme Court of Justice.
The Head of the General Comptrollership of
the Institute shall be appointed by the Chamber
of Deputies by the vote of two thirds of the
individuals there at the proposal of public
institutions of higher education, in the form and
terms provided by the Law. He shall remain in
office for six years and can be reelected once.
122 Political Constitution of the United Mexican States
He shall be administratively ascribed to the
chairmanship of the General Council and shall
keep the necessary technical coordination with
the Supervising Superior Entity of the Federation.
The Executive Secretary shall be proponed by
the chairman and selected by the vote of two
thirds of the General Council’s members at the
proposal of the Chairman.
The Law shall establish the qualifications in
order to be eligible for the office of Chairman
of the General Council, Electoral Councillors and
Executive Secretary of the Federal Electoral
Institute; those who had held the office of
Chairman, Electoral Councillors and Executive
Secretary cannot hold, within the next two years
after their retirement, offices in the public Power
in whose election they participated.
The councillors from the Legislative Power shall
be proponed by the parliamentary groups and
affiliated to a political party in any of the Houses.
There shall only be one councillor for each
Title Two 123
parliamentary group, regardless of his recognition
by both Houses of the Congress of the Union.
Besides of the activities established by the Law,
the Federal Electoral Institute shall be in charge,
in a comprehensive and direct manner, of the
activities related to civic training and education,
election geography, rights and prerogatives of
political parties and groups, the registry of
qualified electors and list of electors, printing
of election material, preparation of the elections,
computation of results in accordance with the
terms established in the Law, declaration of
validity and granting of election certificates for
elections of deputies and senators, computation
of votes for the election for President of the
United Mexican States in each single-member
election district, as well as regulating election
observers, and public opinion surveys or polls
with electoral purposes. The meetings of all
directive collegiate bodies shall be public, as
provided by the Law.
The supervision of the national political parties’
finances shall be in charge of a technical agency
124 Political Constitution of the United Mexican States
of the General Council of the Federal Electoral
Institute, autonomous in operation, whose Head
shall be appointed by the vote of the two thirds
of the Council itself at the proposal of the
Chairman. At the performance of its attributions
the technical agency shall not be limited by
banking, fiduciary and tax secrecy.
The technical agency shall be the channel so that
the proper authorities concerning partisan
supervising in the States can overcome the
limitation pointed out in the previous paragraph.
The Federal Electoral Institute shall assume by
an agreement with the proper authorities of the
States who require it, the organization of local
electoral processes in the terms set forth by the
applicable Law.
VI. To guarantee the constitutional and legal
principles in election acts and resolutions, an
appeal system shall be established in accordance
with the terms set forth by this Constitution and
the Law. As provided under Article 99 of this
Title Two 125
Constitution, this system shall make final and
conclusive, the various stages of the election
processes, and shall guarantee protection for
citizens’ political rights to vote, to be voted for,
and to associate.
In election matters, filing any constitutional or
legal appeal shall not produce a stay of execution
in respect to the resolution or the act contested.
CHAPTER TWO Parts composing the Federation and national land territory
Article 42. National land territory is composed by:
I. The land territory of all the portions constituting
the Federation;
II. The territory of the islands, including the
reefs and keys in adjacent seas;
III. The territory of the islands of Guadalupe
and Revillagigedo located in the Pacific Ocean;
IV. The continental shelf and the seabed and
subsoil of the submarine areas of the islands,
keys and reefs;
V. The waters of the territorial seas in the
extension and under the terms established by
International Law and domestic maritime laws;
127
128 Political Constitution of the United Mexican States
VI. The air space located above national land
terri tory, in the extension and with the
particularities established by International Law.
Article 43. The parts that compose the Federation
are the States of Aguascalientes, Baja California,
Baja California Sur, Campeche, Coahuila, Colima,
Chiapas, Chihuahua, Durango, Guanajuato, Guerrero,
Hidalgo, Jalisco, México, Michoacán, Morelos,
Nayarit, Nuevo León, Oaxaca, Puebla, Querétaro,
Quintana Roo, San Luis Potosí, Sinaloa, Sonora,
Tabasco, Tamaulipas, Tlaxcala, Veracruz, Yucatán,
Zacatecas and the Federal District.
Article 44. Mexico City is the Federal District, the
seat of the Powers of the Union and the Capital
city of the United Mexican States. It shall be composed
with the territory it currently has and in the event
that Federal Powers should relocate elsewhere,
it shall become the State of El Valle de Mexico,
and shall have the boundaries and extension
assigned thereto by the Congress of the Union.
Article 45. The States shall keep their present
boundaries and areas, provided no difficulties arise
in respect to thereof.
Title Two 129
Article 46. The States may settle amongst themselves
through amicable agreements their respective
boundaries, but such agreement shall not be
effective unless authorized by the Senate.
If there is no agreement, any of the parties involved
can appeal to the Senate, who shall proceed as
provided by Article 76, part eleventh of this
Constitution.
Whatever the Senate may resolve it shall be definitive.
At the request of the interested party, the Supreme
Court of Justice of the Nation shall revise all conflicts
brought on by the decree of the Senate through a
constitutional controversy.
Article 47. The State of Nayarit shall have the
territorial area and boundaries which presently
comprise the territory of Tepic.
Article 48. The islands, keys and reefs of adjacent
seas belonging to national land territory, the
continental shelf, the sea beds of the islands, keys
and reefs, the territorial seas, inland marine waters,
and the space over national land territory, shall
130 Political Constitution of the United Mexican States
depend directly from the Government of the
Federation, with the exception of those islands over
which the States have up to the present, exercised
their jurisdiction.
TITLE THREE
CHAPTER ONE The division of Powers
Article 49. The Supreme Power of the Federation
is divided for its exercise into the Legislative, Executive
and Judicial branches.
Two or more of these Powers may not be united
in one single person or corporation, nor shall the
Legislative Branch be vested in one single person,
except for the case where extraordinary powers
are granted to the President of the Republic as
provided in Article 29. In no other case, except as
provided under the second paragraph of Article 131,
shall extraordinary powers be granted to legislate.
131
CHAPTER TWO The Legislative Branch
Article 50. The Legislative Branch of the United
Mexican States is vested in a General Congress
which shall be divided into two Houses, one of
deputies and the other one of senators.
Section First
Election and installation of Congress
Article 51. The House of Deputies shall be
composed with representatives from the Nation
who shall all be elected every three years. For each
incumbent deputy, there shall be a substitute.
Article 52. The House of Deputies shall be
composed by 300 deputies elected by relative
majority in single-member election districts and by
133
134 Political Constitution of the United Mexican States
200 deputies elected by proportional representation,
through the system of Regional Lists in five multi
member election districts.
Article 53. The territorial boundaries of the 300
single-member election districts shall be the result
of dividing the total population of the country into
the districts selected. The distribution of single-
member election districts into the States shall be
carried out taking into account the last general
population census, but the representation per State
shall never be less than two deputies elected by
majority vote.
For the election of such 200 deputies in accordance
with the principle of proportional representation
and Regional Lists system, five multi-member
election districts shall be constituted throughout
the country. The Law shall set forth the manner to
establish the boundaries thereof.
Article 54. The election of 200 deputies under the
principle of proportional representation and the
apportionment process by Regional Lists, shall be
Title Three 135
subject to the following principles and to the
provisions set forth by the Law:
I. To register its Regional Lists, a political party
must prove it participates with candidates to
the House of Deputies to be elected by relative
majority in at least two hundred single-member
election districts;
II. Every political party attaining at least two
percent of the total votes cast for the Regional
Lists of multi-member circumscriptions shall be
entitled to have deputies under the principle of
proportional representation;
III. The political party complying with the
foregoing two principles, regardless of and in
addition to, the certificates of relative majority
obtained by its candidates, shall have appointed,
on the grounds of the principle of proportional
representation and in proportion to the votes
cast in for it throughout the country, the
number of representatives in its Regional List
corresponding thereto in each multi-member
circumscr ipt ion. The select ion for such
136 Political Constitution of the United Mexican States
appointment shall be made in the order of
preference that candidates’ names have in the
respective lists;
IV. No political party shall have more than 300
deputies under both principles;
V. In no case may a political party have a larger
number of deputies under both principles,
which would represent a percentage in respect
to the House’s total, of eight points over its
national percentage of votes cast. This principle
shall not apply to any political party whose
victory in single-member election districts grants
it a percentage of seats of the House’s total seats,
which exceed the sum of the national percentage
of votes cast in for it, plus an eight percent; and
VI. Under the terms established in the preceding
sections III, IV and V of this Article, the House
seats intended for proportional representation
deputies, remaining after apportioning the ones
corresponding to the political party that qualified
as provided in sections IV or V, shall be
apportioned to the remaining political parties
Title Three 137
ent i t led thereto in each mult i -member
circumscription, in direct proportion to the
respective national votes, effectively cast in their
favor. The Law shall develop the regulations
and formulas to these ends.
Article 55. The following qualifications are required
in order to be a deputy:
I. To be a Mexican citizen by birth, with legal
capacity to exercise his rights;
II. To be at least twenty one years of age by the
day of the election;
III. To be a native of the State in which the
election is held or a resident thereof, with effective
residence there for more than six months prior
to the date of the election.
To qualify for registration in the lists of multi
member election circumscriptions, as a candidate
to the House of Deputies, it is required to be a
native of any of the States comprised within
the circumscription where the election shall take
place, or a resident thereof, with effective
138 Political Constitution of the United Mexican States
residence there for more than six months prior
to the date of the election.
Residence is not lost in cases where absence is
by reason of serving as holder of an elective
public office;
IV. Not to be in active service in the federal army
nor to hold a command in the police or rural
security forces of the district where the election
is to be held, at least ninety days before the
date of the election;
V.- Not to be incumbent of any autonomous
organism as provided by this Constitution, nor
to be State Secretary or Undersecretary, nor
incumbent of any decentralized body of the
federal public administration, unless he has
definitely resigned from office ninety days
before the day of the election.
Not to be a Justice of the Supreme Court of
Justice of the Nation, nor Magistrate or Secretary
of the Electoral Tribunal of the Federal Judicial
Branch nor Chief Councilor or Electoral Councilor
Title Three 139
of the General, local or district counsels of the
Federal Electoral Institute, nor Executive
Secretary, Executive Director or high rank
professional personnel thereof, unless they had
resigned definitely from office three years before
the day of the election.
The Governors of the States and the Head of
Government of the Federal District may never
be elected in the States under their respective
jurisdiction during their term in office, even if
they have definitely resigned from office.
The States’ Secretaries of the Interior, the
Secretary of the Interior of the Federal District,
the Federal or State Magistrates and Judges, the
Magistrates and Judges of the Federal District,
as well as the Municipal Presidents and incumbents
of some political-administrative entity in the
Federal District, cannot be elected in the States
where they exercise their respective duties,
unless they have definitely resigned from office
ninety days before the election.
VI. Not to be a minister of any religious creed; and
140 Political Constitution of the United Mexican States
VII. Not to be subject to any disqualifications
set forth in Article 59.
Article 56. The Senate House shall be composed
with one hundred and twenty eight senators of
whom two shall be elected in each State and in
the Federal District under the principle of relative
majority and one shall be apportioned to the first
minority. To these ends, political parties must register
a list with two sets of candidates. The Senate seat
for the first minority shall be apportioned to the
set of candidates heading the list of the political
party that shall have attained by itself, the second
place in the number of votes cast in the corresponding
State.
The remaining thirty two senators shall be elected
under the principle of proportional representation,
through the system of lists voted in one sole national
multi-member circumscription. The Law shall establish
the regulations and formulas for these purposes.
The Senate House shall be totally renewed every
six years.
Title Three 141
Article 57. For each incumbent senator an alternate
one shall be elected.
Article 58. The qualifications necessary to be a
senator shall be the same as those necessary to be
a deputy, except for the one in respect to age,
which requires the candidate to be over 25 years
of age on the day of the election.
Article 59. Senators and deputies to the Congress
of the Union may not be reelected for the immediately
following term.
Alternate senators and deputies may be elected as
incumbents for the immediately following term,
provided they have not held office as incumbents;
but incumbent senators and deputies may not be
elected for the immediately following term as
alternates.
Article 60. The public entity established under Article
41 of this Constitution, in accordance with the
provisions set forth by the Law, shall declare the
validity of the elections for deputies and senators
in each single-member election district and in each
142 Political Constitution of the United Mexican States
of the States and the Federal District. It shall grant
the respective certificates to the sets of candidates
who have obtained a majority of votes and shall
designate the senators pertaining to the first minority,
as provided in Article 56 of this Constitution and
in the Law. Likewise, it shall declare the validity
and the designation of deputies under the principle
of proportional representation, as provided in Article
54 of this Constitution and in the Law.
The resolutions on the declaration of validity, the
issuance of certifications and the designation of
deputies or senators may be appealed before the
Regional Chambers of the Electoral Tribunal of
the Federal Judicial Branch in the terms set forth
by the Law.
The resolutions issued by the Houses referred in the
preceding paragraph, may be reviewed exclusively
by the Superior Chamber of the Electoral Tribunal,
through the appeal procedures that political parties
may file, only if the election’s results can be
amended by the grievances alleged. The decisions
issued by the House shall be final. The Law shall
Title Three 143
set forth the premises, requirements for admissibility
and proceedings for these reviews.
Article 61. Deputies and senators shall be privileged
from being held accountable for their opinions in
the performance of their office and may never be
questioned for such opinions.
The speakers of each House shall oversee that their
members’ constitutional immunity and the inviolability
of the legislative Houses where they hold sessions,
is respected.
Article 62. During his term in office, no incumbent
deputy or senator shall hold any other commission
or employment of the Federation or the States for
which a salary is paid, without previous authorization
from his respective House; but his functions as
representative shall thereupon cease during the
term he holds the new office. The same rule shall
apply to alternate deputies and senators when
serving as incumbents. Failure to comply with this
provision shall be punishable by removal from the
office of deputy or senator.
144 Political Constitution of the United Mexican States
Article 63. Both Houses shall not open their sessions
nor discharge the duties of their office without the
attendance, in each House, of more than half of
the total number of its members; but those in
attendance in either House must assemble on the
day appointed by Law and compel the absentees
to attend within the next thirty days immediately
following, under prevention that, should they not
appear, it shall be understood by that sole fact,
that they do not accept their office, whereupon
their alternates shall be summoned and must appear
within an equal term, but should they not appear
the office shall be declared vacant.
All the vacancies of deputies and senators of the
Congress of the Union at the beginning of the
legislature, as well as the vacancies during its
exercise, shall covered as follows: vacancies of
deputies and senators of the Congress of the Union
by relative majority, by the respective House who
shall summon to extraordinary elections, in
accordance with section IV of Article 77 of this
Constitution; a vacant deputy office for a deputy
elected under the principle of proportional
representation must be filled by the next set of
Title Three 145
candidates of the same party who are next in order
in their respective regional list, after the deputies
initially corresponding to such political party
were apportioned; a vacancy for a senator elected
under the principle of proportional representation
must be filled by the next set of candidates of the
same party who are next in order in their
respective national list, after the senators initially
corresponding to such polit ical party were
apportioned; and a vacant senator office for a
senator elected under the first minority principle
must be filled by the second set of candidates of
the same party who are next in order in their
respective list for that State.
It is also understood that deputies or senators failing
to attend for ten consecutive days, without good
cause or previous leave of absence from the Speaker
of their respective House, which leave must be
notified to the House, shall be deemed to have
renounced to attend until the next term, whereupon
the alternates shall be summoned to take office.
Should there not be a quorum to install either
House or to perform their functions once installed,
146 Political Constitution of the United Mexican States
the alternates shall be summoned to attend as
promptly as possible to discharge the duties of the
office while the aforesaid thirty days’ term elapses.
Any individual who has been elected deputy or
senator and does not attend to discharge the duties
of his office without good cause, as determined by
his respective House, within the term set forth in
the first paragraph of this Article, shall be liable
and subject to the penalties established by the Law.
National political parties shall also be liable and
subject to the penalties set forth by the Law if,
after having entered candidates to an election for
deputies or senators, they decide its elected members
shall not attend to perform their respective elective
duties.
Article 64. Deputies and senators who fail to attend
a session without good cause or leave of absence
from the Speaker of their respective House shall
not be entitled to their remuneration for the day of
absence.
Article 65. The Congress shall assemble from
September 1st of each year, for a first term of regular
Title Three 147
sessions and from February 1st of each year for
a second term of regular sessions.
In both session terms the Congress shall be devoted
to study, discuss and vote the bills submitted thereto
and to decide any other affairs pertaining to it
according to this Constitution.
In each regular session term the Congress shall
preferably devote itself to the issues established
by its Organic Law.
Article 66. Each period of regular sessions shall
continue for the time necessary to deal with the
matters mentioned in the foregoing Article. The first
period of sessions may not be extended beyond
December 15th of the same year, except when the
President of the Republic takes office, in the date
provided by Article 83, in which case, the sessions
may be extended until December 31st of such year.
The second period of session may not be extended
beyond April 30th of said year.
Should both Houses not agree on closing the
sessions before the dates specified, the President
of the Republic shall decide.
148 Political Constitution of the United Mexican States
Article 67. The Congress or just one of the Houses,
when dealing with an issue under its exclusive
jurisdiction, shall assemble in extraordinary session
each time the Permanent Commission summons
them for such purpose; but in both cases, they
shall only devote themselves to the issue or issues
submitted by the Permanent Commission. These
matters shall be set forth in the respective summons.
Article 68. Both Houses shall be located in the same
place and shall not relocate to another one without
first agreeing on the relocation and on the time
and manner to carry it out, designating the same
place for the assembly of both Houses. If both Houses
have agreed on relocating but defer as to the time,
manner or place, the President of the Republic shall
decide the question by choosing one of the two
proposals. Neither House shall adjourn for more
than three days, without the consent of the other
one.
Article 69. At the opening of the regular sessions
of Congress, the President of the Republic shall
provide information in writing on the general state
Title Three 149
of the country’s public administration. At the opening
of extraordinary sessions of the Congress, or only of
one of its Houses, the speaker of the Permanent
Commission shall inform as to the reasons or causes
leading to such summons.
Each of the Houses shall analyze the report and
can request to the President of the Republic to expand
on the information through written questions and
to summon the Secretariats, the Attorney General
and the chairmen of decentralized entities, whom
shall appear before the Congress to report under
oath. The Law and regulations of the Congress shall
rule this attribution.
Article 70. Every resolution by the Congress shall
have the nature of a law or a decree. Laws or decrees
shall be communicated to the President of the
Republic signed by the speakers of both Houses
and by a secretary of each of them, and shall be
promulgated in the following manner: “The Congress
of the United Mexican States decrees: (text of the
law or decree)”.
The Congress shall enact the law that shall govern
its internal operations and structure.
150 Political Constitution of the United Mexican States
The Law shall establish the manners and procedures
to group deputies according to their political party
affiliation, in order to guarantee free speech to all
ideological positions represented in the House of
Deputies.
This Law cannot be vetoed nor shall it require
promulgation by the President of the Republic to be
in force.
Section Second
The initiation and enactment of laws
Article 71. The right to initiate laws or decrees
corresponds to:
I. The President of the Republic;
II. The deputies and senators to the Congress
of the Union; and
III. The States Legislatures.
The bills initiated by the President of the Republic,
by the States Legislatures or by the delegations
thereof, shall be referred to a committee; those
introduced by deputies or senators shall be subject
to the procedures set forth by the Rules of Procedure.
Title Three 151
Article 72. Bills whose approval into law or decree
is not the exclusive right of one of the Houses,
shall be discussed successively by both, abiding
by the Rules of Procedure in respect to form, intervals
and manner to act in debates and casting of votes.
A. After a bill is approved in the House where it
originates, it shall pass to the other House for
discussion and if approved, it shall be forwarded
to the President of the Republic; and if he has no
objections, he shall immediately publish it.
B. A bill forwarded to the President of the Republic
which is not returned with his objections to the
House where it originated within ten business
days after it was presented to him, shall be deemed
approved; unless during the said term, the
Congress shall have closed or adjourned its
sessions, whereupon the return shall be made
the first business day that Congress next assembles.
C. Any bill rejected in whole or in part by the
President of the Republic shall be returned with
his objections to the House where it originated,
which shall again reconsider it, and if confirmed
152 Political Constitution of the United Mexican States
by two thirds of the total number of votes, it
shall pass again to the other House for review;
and if approved by the same majority it shall
become a law or decree and return to the President
of the Republic for promulgation.
Votes on laws and decrees shall be cast by roll
call.
D. Should any bill be rejected in whole by the
reviewing House, it shall be returned to the
House where it originated with the objections
made thereto. It shall be again discussed in said
House and if approved by an absolute majority
of its members present, it shall return again to
the House that rejected it, which shall reconsider
it and should it be approved by the same majority,
it shall pass to the President of the Republic for
the purposes of section A. Otherwise, it shall not
be reintroduced in the same period of sessions.
E. If a bill is partially rejected, or amended, or
added to, by the reviewing House, the House
where it originated shall only debate the portion
rejected, or the additions, or the amendments
Title Three 153
thereto, and the Articles which were previously
approved shall not be altered in any manner.
Should the additions or amendments by the
reviewing House be approved by the House
where it originated through absolute majority
of votes of its members present, the bill in whole
shall pass to the President of the Republic for
the purpose of section A. Should the additions
or amendments by the reviewing House not be
approved by a majority of votes cast in the
House where it originated, the bill in whole
shall return to the reviewing House, so that the
latter may consider the reasons of the other
House. In this second review if the amendments
or additions are again rejected by an absolute
majority of the reviewing House’s members
present at the session, the bill, only in the
portion approved by both Houses, shall pass to
the President of the Republic for the purposes
of section A. Should the reviewing House insist
in such additions or amendments by an absolute
majority of votes of its members present, the
bill in whole shall not be reintroduced until the
154 Political Constitution of the United Mexican States
next period of sessions, unless both Houses
agree, by absolute majority of votes of their
present members, that the law or decree be
issued only with the Articles approved, and that
the Articles added to or amended, be reserved
to be examined and voted in the next sessions.
F. The same procedure established to enact laws
and decrees shall be followed in the interpretation,
amendment or repeal thereof.
G. Bills rejected in the House where they originated
may not be reentered in the sessions of the same
year.
H. The process for the enactment of laws and decrees
may be indistinctively initiated in any of the
two Houses, except for those bills dealing with
loans, imposts or taxes, or recruitment of troops,
which shall all be discussed first in the House
of Deputies.
I. Bills shall be preferably discussed in the House
where they are introduced, unless one month
elapses after having been passed to the
Title Three 155
Reporting Committee, without resolution by the
latter, whereupon the bill may be presented and
discussed in the other House.
J. The President of the Republic may not make
any observations to the resolutions of the Congress
or any of the Houses when they act as election
body or jury, or whenever the House of Deputies
declares there are grounds to impeach a high
ranking public officer of the Federation.
Neither may he object the decree summoning
to extraordinary sessions issued by the Permanent
Commission.
Section Third
The Powers of Congress
Article 73. The Congress shall have the powers:
I. To admit new States to the Federal Union;
II. (Repealed).
III. To create new States within the boundaries
of the existing ones, for which it is required:
156 Political Constitution of the United Mexican States
1° The territorial area or areas seeking to become
a State must have a population of at least one
hundred and twenty thousand inhabitants.
2° To prove to the Congress it has sufficient
elements to provide for its political existence.
3° To hear the States Legislatures whose territory
is involved, in respect to the convenience or
inconvenience of establishing the new State, for
which they are required to render their report
within six months from the date the respective
communication was delivered to them.
4° To hear the President of the Republic, who
shall send his report within seven days from the
date it was requested from him.
5° The creation of the new State must be approved
by the votes of two thirds of the deputies and
senators present in their respective Houses.
6° The resolution of the Congress must be
ratified by the majority of the States Legislatures,
upon previous examination of the file’s copy,
provided that the States Legislatures which
Title Three 157
territory is involved shall have granted their
consent.
7° If the States Legislatures whose territory is
involved do not grant their consent, the
ratification referred in the foregoing section must
be made by two thirds of the total of the States’
Legislatures.
IV. (Repealed);
V. To change the seat of the Supreme Powers
of the Federation;
VI. (Repealed);
VII. To levy the taxes and government excises1
required to cover the budget;
VIII. To establish the grounds under which the
President of the Republic may contract loans
Government excises is a concept which includes taxes, levies, imposts, assessments, tributes, government fees, penalties and interests on unpaid taxes, and in general all the charges that government may impose upon the population, to cover its budget.
1
158 Political Constitution of the United Mexican States
on the Nation’s credit, and to approve said loans,
and acknowledge and order the payment of the
national debt. No loan may be contracted except
for the performance of such works which directly
produce an increase in public revenues, save
for those executed with the purpose of currency
regulation, currency translation transactions, and
those contracted during an emergency declared
by the President of the Republic under the terms
of Article 29. The Congress also has powers to
approve annually the amounts of indebtedness
to be included in the Income Law, which are
required by the Government of the Federal
District and its public sector agencies, if any,
according to the base provided in the
corresponding Law. The President of the
Republic shall inform the Congress of the Union
annually about the exercise of said debt,
wheretofore the Chief of Government of the
Federal District shall send his own report in
regards to the application he has made of the
respective resources. The Chief of Government
of the Federal District shall likewise report the
Title Three 159
foregoing to the Assembly of the Federal District,
when submitting the government’s accounts:
IX. To prevent the establishment of restrictions
to interstate trade;
X. To legislate for the entire Republic on
hydrocarbons, mining, chemical substances,
explosives, pyrotechnics, motion picture industry,
trade, betting games and lotteries, financial
services and banking, nuclear and electric power;
and to enact labor laws regulating Article 123;
XI. To create and abolish public offices of the
Federation and to establish, increase or reduce
their compensations;
XII. To declare war on the grounds of the
information submitted by the President of the
Republic;
XIII. To enact laws in accordance to which prizes
on sea and land must be declared valid or
invalid; and to enact statutes concerning the
law of the sea for times of peace and war;
160 Political Constitution of the United Mexican States
XIV. To raise and maintain the armed forces of
the Union, namely: the Army, Navy and Air
Force of the country, and to regulate their
organization and service;
XV. To make regulations with the purpose of
organizing, arming and disciplining the National
Guard, reserving for the citizens composing it,
the appointment of their respective commanders
and officers, and to the States, the power to
train them in accordance with the discipline
established in such regulations;
XVI. To enact laws in regard to nationality, legal
status of aliens, citizenship, naturalization,
colonization, emigration and immigration and
general public health of the Republic.
1° The General Health Council shall depend
directly from the President of the Republic,
without intervention from any Secretariat, and
its general provisions shall be mandatory
throughout the country;
2° In case of serious epidemics or danger of
strike of exotic diseases throughout the country,
Title Three 161
the Secretariat of Public Health shall be required
to immediately issue any necessary preventive
measures subject to the President of the Republic’s
subsequent approval.
3° The Public health authority is vested with
executive powers, and its provisions shall be
obeyed by the country’s administrative authorities;
4° The measures that the Council has put into
effect in the campaign against alcoholism and
the sale of substances that poison individuals
or degenerate the human species, as well as
those measures adopted to prevent and fight
against environmental pollution, shall thereafter
be examined by the Congress of the Union in
the cases under its jurisdiction.
XVII. To enact laws concerning general means
of communication and transportation and in
regards to mail and post offices; to enact laws
on the use and enjoyment of waters under
federal jurisdiction;
XVIII. To establish mints, to set forth the standards
of coins, to determine the value of foreign
162 Political Constitution of the United Mexican States
currencies and to adopt a general system of
weights and measures;
XIX. To establish rules for the occupation and
alienation of vacant lands and to set their prices;
XX. To enact laws for the organization of Mexican
Diplomatic and Consular Service;
XXI. To establish the crimes and felonies against
the Federation and set the corresponding penalties;
to issue a general law about kidnapping, that
describes at least the guilty acts and their
penalties, the distribution of competences and
the ways of enhancing coordination between
the Federation, the Federal District, the States and
Municipalities; as well as to pass laws regarding
organized crime.
Federal authorities may also take cognizance
of crimes under local jurisdiction, when these
are connected with federal crimes.
In concurring matters considered in this
Constitution, federal laws shall establish the cases
in which local authorities shall be able to solve
federal crimes;
Title Three 163
XXII. To grant amnesties for crimes within the
jurisdiction of federal courts;
XXIII. To issue laws regarding the basis of
coordination between the Federation, the Federal
District, the States and Municipalities, and the
foundation and organization of federal public
safety institutions, according to Article 21 of this
Constitution.
XXIV. To enact the Law regulating the organization
of the Federation’s Superior Supervising Entity
and any others governing the actions, control and
assessment of the Powers of the Union and of
federal public entities;
XXV. To establish, organize and maintain,
throughout the country, rural, elementary,
superior, high and professional schools; schools
of scientific investigation, fine arts and technical
education, practical schools of agriculture and
mining, arts and trades, museums, libraries,
observatories and other institutes regarding the
population’s culture and make laws about such
164 Political Constitution of the United Mexican States
institutions; to legislate on traces or fossilized
remains and archaeological, artistic and historical
monuments whose conservation is of national
interest; as well as to pass laws destined to the
convenient distribution among the Federation,
States and Municipalities of the exercise of
educat ional funct ion and the economic
contributions corresponding to that public
service, aiming to unify and coordinate education
throughout the country. Degrees issued by said
establishments shall take effect throughout the
country. To legislate on copyright and other
intellectual property figures.
XXVI. To grant leave of absence to the President
of the Republic, and to erect itself as an Electoral
College and designate the citizen who is to
replace the President of the Republic either as
interim, provisional or substitute, under the
terms set forth by Articles 84 and 85 of this
Constitution;
XXVII. To accept the resignation from office of
the President of the Republic;
Title Three 165
XXVIII. To issue laws about governmental
accounting that shall rule public accounting and
the uniform presentation of information about
finances, incomes and expenditures, as well as
patr imonial for the Federat ion, Sta tes ,
Municipalities, the Federal District and political-
administrative organs within their territories, to
guarantee their combining with each other
nationwide.
XXIX. To establish taxes and government excises:
1° On foreign trade;
2° On the enjoyment and exploitation of those
natural resources set forth in paragraphs 4 and
5 of Article 27;
3° On credit inst i tut ions and insurance
companies;
4° On public services under concession or
directly exploited by the Federation; and
5° Excise taxes on:
a) Electric power;
166 Political Constitution of the United Mexican States
b) Production and consumption of processed
tobacco;
c) Gasoline and other products derived from
petroleum;
d) Matches;
e) Unfermented juice of the maguey and its
fermented products;
f) Forestry exploitation, and
g) Production and consumption of beer.
The States shall participate in the earnings
generated by these special taxes in the proportion
set forth by federal law. The States Legislatures
shall set the percentage corresponding to the
municipalities, in their income from tax over
electric power service;
XXIX-B. To enact legislation with regard to the
elements and use of the National flag, coat of
arms and anthem;
XXIX-C. To enact laws establ ishing the
concurrence of the Federal Government, the
Title Three 167
States and the municipalities, within their
respective jurisdictions, on matters concerning
human settlements, in order to comply with the
purposes set forth under paragraph third of
Article 27 of this Constitution;
XXIX-D. To enact laws in regards to planning
the Nation’s economic and social development,
as well as about statistical and geographical
information of national interest.
XXIX-E. To enact laws to program, promote,
negotiate, and carry out actions of economic
nature, specially the ones related to supply and
any others which purpose is to have a sufficient
and timely production of socially and nationwide
necessary goods and services;
XXIX-F. To enact any laws aimed at promoting
Mexican investment, regulating foreign investment,
technology transfer and production, diffusion
and application of scientific and technologic
knowledge required for national development;
XXIX-G. To enact laws establ ishing the
concurrence of the Federal Government, the
168 Political Constitution of the United Mexican States
States and the municipalities, within their
respective jurisdictions, on matters concerning
environmental protection and preservation and
restoration of ecological balance;
XXIX-H. To enact laws instituting administrative
tribunals vested with full autonomy to issue their
judgements and in charge of settling disputes
between Federal Public Administration and
private persons, and to penalize public servants
charged with administrative responsibility as
provided by the Law, establishing the provisions
for their organization, operation, the proceedings
and the means to review its resolutions.
XXIX-I. To enact laws establishing the bases in
accordance to which the Federation, the States,
the Federal District and the municipalities, shall
coordinate their actions in matters of civil
protection; and
XXIX-J. To legislate on matters concerning
sports, establishing general bases to coordinate
the concurrent attributions of the Federation, the
States, the Federal District and the municipalities;
Title Three 169
as well as the participation of the private and
social sectors; and
XXIX-K. To enact laws in matters of tourism,
establishing general bases to coordinate the
concurrent powers of the Federation, States,
municipalities, and the Federal District, as well
as the participation of the social and private
sectors;
XXIX-L. To enact laws establishing the concurrence
of the Federal Government, the States and the
Municipalities, within their respective jurisdictions,
on matters concerning fisheries and aquaculture,
as well as the participation of the social and
private sectors; and
XXIX-M. To enact laws in matters of national
security, establishing the requirements and limits
to the corresponding investigations;
XXIX-N. To issue laws regarding the formation,
organization, functioning and suppression of
cooperatives. These laws shall establish the basis
for the concurrence regarding the promotion
170 Political Constitution of the United Mexican States
and defensible development of cooperative
activity of the Federation, States and Municipalities,
as well as the Federal District, in the sphere of
their cognizance.
XXIX-Ñ. To issue laws that establish the basis
on which the Federation, States, Municipalities
and the Federal District shall coordinate their
actions in matters of culture, except the provision
set forth in section XXV of this article. Likewise,
they shall establish the way social and private
sectors shall participate, in order to fulfill the
goals stipulated in article 4, ninth paragraph of
this Constitution.
XXIX-O. To issue laws regarding the protection
of personal data in custody of private individuals.
XXX. To enact all laws required to make effective
the foregoing powers, and any other powers
vested on the Powers of the Union by this
Constitution.
Article 74. The exclusive powers of the House of
Deputies are:
Title Three 171
I. To solemnly announce throughout the Republic
that the Electoral Tribunal of the Federal Judicial
Branch has issued a declaration stating that the
President has been elected;
II. To coordinate and asses, without detriment
to its technical and operational autonomy, the
performance of the Federation’s Superior
Supervising Entity, in accordance with the terms
provided by the Law;
III. (Repealed).
IV.- To annually approve the Federation’s
Expenditure Budget, upon previous examination,
discussion and amendment, if applicable, of
the respective bill sent by the President of the
Republic, having first approved the taxes and
government excises that under its judgment,
must be authorized to cover the expenditures,
and also to authorize in the said Budget
multiannual expenditures for investment projects
in infrastructure determined according to the
statutory law; those expenditures shall be
included in the subsequent Expenditure Budgets.
172 Political Constitution of the United Mexican States
The President of the Republic shall send to the
House of Deputies, the Federation’s Income Bill
and Expenditure Budget no later than on
September 8th. The appropriate State Secretary
shall appear thereat to account for said bills.
The House of Deputies shall approve the
Federation’s Expenditure Budget no later than
November 15th.
Whenever the President of the Republic takes
office in the date set forth in Article 83, he shall
send the Federation’s Income and Expenditure
Budget Bills to the House of Deputies no later
than on December 15th.
There shall be no other secret items than those
deemed necessary and secret in said Budget;
which shall be exercised by the Secretaries upon
written authorization by the President of the
Republic.
(Fifth paragraph repealed)
(Sixth paragraph repealed)
(Seventh paragraph repealed)
Title Three 173
The term to submit the Income Bill and the
Expenditures Budget Draft may only be extended
upon request by the President of the Republic,
which request must be sufficiently justifiable at
the judgement of the Houses or the Permanent
Commission. The correspondent State Secretary
shall appear thereat, in any case, to inform on
the causes underlying such request.
V. To declare if it is lawful to file criminal
action against those public officers who have
committed a crime as provided under Article
111 of this Constitution.
To know of the charges against the public
officers referred under Article 110 of this
Constitution and to act as a prosecuting body in
the impeachment trials brought forth against them;
VI. To review the General Public Accounts of
the previous year, in order to evaluate the
outcomes of the financial efforts, to corroborate
if it has been adjusted to the criteria stated by
the Budget and to verify the fulfillment of every
objective established in the programs.
174 Political Constitution of the United Mexican States
The House of Deputies shall review the General
Public Account through the Superior Supervising
Entity of the Federation. If such agency should
find discrepancies amongst the incomes and
expenditures, regarding the respective concepts
and certificates or if any income or expenditure
is not correct or justified, any appropriate
responsibilities shall be determined according
to Law. When reviewing the fulfillment of the
programs’ objectives, the audit agency may
only issue recommendations to improve such
fulfillment, as provided by the Law.
The General Public Account of the correspondent
tax year shall be presented at the House of
Deputies on the 30th of April of the next year,
at the most. Such term can only be prolonged
according to part IV, last paragraph, of this
article; the extension should not exceed 30
natural days; otherwise, the Superior Supervising
Entity of the Federation shall have the same
additional time to report the review of the
General Public Account.
Title Three 175
The House of Deputies shall conclude reviewing
the General Public Account on the 30th of
September of the year following its presentation,
according to the analysis of its content and the
technical conclusions of the report delivered
by the Superior Supervising Entity of the
Federation, described in Article 79 of this
Constitution, without impairing the ongoing
proceedings of observations, recommendations
and act ions promoted by the Super ior
Supervising Entity of the Federation.
The House of Deputies shall evaluate the work
of the Superior Supervising Entity of the Federation
and to that end it can require it to report about
the progress of its auditing procedures.
VII. (Repealed).
VIII. Any other powers explicitly vested upon
it by this Constitution.
Article 75. The House of Deputies, when approving
the Expenditures Budget shall not fail to set the
remuneration pertaining to an office which has
176 Political Constitution of the United Mexican States
been established by the Law; and in the event that,
for any cause, it should fail to set such remuneration,
then it shall be understood that the amount set
forth in the previous Budget or in the Law which
established the office, shall be the one in force.
In any case, such a determination shall respect the
bases established in article 127 of this Constitution
and the laws that the Congress issues on the matter.
The Legislative, Executive and Judicial Branches
as well as organisms with a constitutionally recognized
autonomy that use resources from the Expenditures
Budget, shall include in their budget projects the
tabulators of the remunerations proposed for the public
officers. These proposals shall observe the procedure
that has been established for the budget approval
in section IV of article 74 of this Constitution and
other applicable laws.
Article 76. The exclusive powers of the Senate are:
I. To analyze the foreign policy applied by the
President of the Republic on the grounds of
the annual Information on the State of the
Title Three 177
country submitted to the Congress by the
President of the Republic and the corresponding
State Secretary.
Also, to approve international treaties and
diplomatic conventions celebrated by the
President of the Republic, as well as his decision
of cancell ing, withdrawing, suspending,
modifying or amending them, or withdrawing
reservations or making interpretative declarations
about them;
II. To ratify the appointments of the General
Attorney of the Republic, Justices of the Supreme
Court, diplomatic agents, general consuls, high
ranking employees of the Treasury,2 colonels
and other superior chiefs of the Army, Navy
and Air Force, made by the President of the
Republic, under the terms provided by the Law;
III. To authorize the President of the Republic
to allow the deployment of national troops
beyond the borders of the country, the passage
Treasury refers to the Secretariat of Finance and Public Credit.2
178 Political Constitution of the United Mexican States
of foreign troops through national land territory,
and the sojourn of vessels of other countries
for over one month in Mexican waters;
IV. To give its consent, so that the President of
the Republic may dispose of the National Guard
outside its respective States, and to determine
the necessary forces;
V. Whenever the constitutional powers of a State
disappear, to declare that it is necessary to appoint
a Provisional Governor, who shall summon to
elections in accordance with the constitutional
laws of said State. The Senate shall appoint such
governor chosen from a list of three candidates
proposed by the President of the Republic, with
the approval of two thirds of its members
present in the session, and in the adjournments
thereof, by the Permanent Commission according
to the same rules. The officer thus appointed
cannot be elected Constitutional Governor in
the elections held pursuant to the summons he
shall have issued. This provision shall govern
whenever the constitutions of the States do not
provide otherwise;
Title Three 179
VI. To settle political issues arising between the
powers of a State, whenever any of them shall
apply to the Senate theretofore, or when by reason
of such issues, the constitutional order has been
interrupted through an armed conflict. In such
event, the Senate shall issue its resolution subject
to provisions establish in the Constitution of the
Republic and the constitution of the State involved.
The Law shall regulate the exercise of the two
foregoing powers;
VII. To erect itself as a grand jury to take
cognizance of impeachment trials for faults or
omissions committed by public officers and
which result in detriment to fundamental public
interests and to their good performance in office,
according to the terms established by Article
110 of this Constitution;
VIII. To appoint the Justices of the Nation’s
Supreme Court of Justice, selecting them from
the group of three candidates submitted by the
President of the Republic, as well as to grant or
180 Political Constitution of the United Mexican States
deny its approval to the request for leave of
absence or resignation of such Justices submitted
by the President of the Republic;
IX. To appoint and to remove the Head of
Government of the Federal District in the cases
provided by this Constitution;
X. To authorize by decree approved by two
thirds of the individuals there, the amicable
agreements settled by the States about their own
limits.
XI. To definitely solve the conflicts about territorial
limits of the States who request it, by a decree
approved by two thirds of the individuals there.
XII. Any other powers vested upon it by this
Constitution.
Article 77. Each of the Houses may, without the
intervention of the other:
I. To issue resolutions in respect to its internal
organization;
Title Three 181
II. To communicate with the other legislative
House and with the President of the Republic
through its own internal committees;
III. To appoint the employees of its secretariat
and to issue the internal regulations thereof; and
IV. To summon, within a term of thirty days after
the date when the vacancy occurs, to extraordinary
elections to be held within the following ninety
days, in order to fill the vacancies of its respective
members referred in article 63 of this Constitution,
in the case of vacancies of deputies and senators
of the Congress of the Union by relative majority,
unless the vacancy shall occur during the last
year of the respective legislator’s term.
Section Fourth
The Permanent Commission
Article 78. During the adjournments of the Congress
of the Union there shall be a Permanent Commission
composed of 37 members, of which 19 shall be
deputies and 18 shall be senators, appointed by
182 Political Constitution of the United Mexican States
their respective Houses on the eve of the close of
the regular session terms. For each incumbent the
House shall appoint an alternate from amongst its
members in office.
The Permanent Commission, in addition to the
powers explicitly vested upon it by this Constitution,
shall have the following powers:
I. To give its consent to use the National Guard
in the cases mentioned in Article 76, section IV;
II. To take the oath of office of the President of
the Republic, as applicable;
III. To decide the issues under its jurisdiction;
to receive during the adjournments of the Congress
of the Union the bills and proposals addressed
to the Houses and to turn them for their resolution
to the Committees of the House to which they
are addressed, so that they may be acted upon,
in the next immediate period of sessions;
IV. To decide on its own motion or upon proposal
by the President of the Republic, the summons
Title Three 183
to Congress of the Union or to one of the Houses,
to extraordinary sessions, requiring in both cases
the vote of two thirds of the individuals present.
The summons shall include the purpose or
purposes of extraordinary sessions;
V. To grant or to deny its ratification to the
appointment of the General Attorney submitted
by the President of the Republic;
VI. To grant a leave of absence for up to thirty
days to the President of the Republic and to
appoint the interim alternate to fill such leave;
VII. To ratify the appointments made by the
President of the Republic of Justices of the
Supreme Court, diplomatic agents, general
consuls, high ranking employees of the Treasury,
colonels and other superior chiefs of the Army,
Navy and Air Force, under the terms provided
by the Law; and
VIII. To have cognizance of and decide the
requests for, leave of absence submitted by
legislators.
184 Political Constitution of the United Mexican States
Section Fifth
The Federation’s Superior Supervising Entity
Article 79. The Federation’s Superior Supervising
Entity of the House of Deputies shall have technical
and operating autonomy to exercise its powers and
to decide in respect to its internal organization,
operations and resolutions, in accordance with the
terms provided by the Law.
Auditing function shall be exercised according to
the principles of posteriority, annual recurrence,
legality, definitiveness, impartiality and reliability.
The Superior Supervising Entity of the Federation
shall be in charge of:
I. Supervising income and expenditures made;
management, custody and application of funds
and resources of the Powers of the Union and
Federal Public Entities, as well as the fulfillment
of objectives of federal programs, through reports
to be rendered under the terms provided by
the Law.
Title Three 185
It shall also supervise the exercise of federal
resources by States, the municipalities, the Federal
District and the political-administrative organs
within their territories, except for the federal
contributions; it shall also supervise the federal
resources destined to and exercised by any entity
or person, public or private, and those transferred
to trusts, mandates, funds or any other legal
form, according to the adequate legal proceedings
and in spite of other authorities’ cognizance and
the rights of the financial system users.
Supervised entities described in the previous
paragraph shall maintain control and a countable,
patrimonial and budget registration of the
resources transferred and assigned to them by
the Federation, according to Law.
Notwithstanding the principle of annuity, the
Superior Supervising Entity of the Federation
can request and review, casuistically and
concretely, information of tax years previous
to that of the General Public Account being
revised, which will not mean, for all legal
purposes, that the General Public Account
186 Political Constitution of the United Mexican States
whose data are subject to review is being
reopened, exclusively when the program,
project or expenditure contained on the revised
budget covers, for its execution and payment,
several tax years or refers to audits about the
fulfillment of the federal program’s objectives.
Every observation or recommendation handed
down by the Superior Supervising Entity of the
Federation can only refer to the tax year of those
public resources of the General Public Account
under audit.
Likewise, notwithstanding the principle of
posteriority, in those exceptional situations
determined by the Law, derived from formal
complaints, the Superior Supervising Entity of
the Federation can require from the supervised
entities to proceed to the audit during the
ongoing tax year, of the reported concepts and
submit a report about it. If these requirements
were not attended under the terms and forms
provided by the Law, there shall be the sanctions
due in it. The Superior Supervising Entity of
the Federation shall send a specific report to the
Title Three 187
House of Deputies and, if appropriate, shall
impose the corresponding responsibilities or
promote other of those to the proper authorities.
II. To deliver the report on the General Public
Account to the House of Deputies no later than
on February 20th of the next year after the one
when the accounts were submitted, which shall
be sent to the consideration of the House of
Deputies and shall be public. Said report shall
include the audits, the reports of its review, the
sections about the supervision about how the
supervised entities disposed of federal resources
and the verification of the fulfillment of the federal
program’s objectives, as well as a specific section
for observations by the Superior Supervising Entity
of the Federation, which shall include all the
justifications and explanations delivered by the
supervised entities regarding the observations.
To that end, prior to the presentation of the
report, the supervised entities shall have access
to the results of the audit in that which pertain to
them, so that they may deliver the proper
188 Political Constitution of the United Mexican States
justifications or explanations, which shall be
valued by the Superior Supervising Entity of the
Federation in order to make the report on the
outcome of the General Public Account’s review.
The Head of the Superior Supervising Entity of
the Federation shall send to the supervised
entities, no later than 10 working days after the
House of Deputies receives the report on the
result, the corresponding recommendations and
promoted actions so that, no later than 30
working days, deliver the information and make
all appropriate considerations; if they do not
fulfill this, they shall be subjected to the sanctions
provided by the Law. This prevision shall not
apply to the observations and promotions of
responsibilities, which shall be subjected to the
terms and procedures established by the Law.
The Superior Supervising Entity of the Federation
shall pronounce about the responses given by
the supervised entities in no less than 120 working
days; otherwise it shall be understood that the
recommendations and promoted actions were
attended.
Title Three 189
In case of recommendations about their
performance, the supervised entities shall notify
precisely all improvements to the Superior
Supervising Entity of the Federation or, at all
events, to justify their unrighteousness.
On May the 1st and November the 1st each
year, the Superior Supervising Entity of the
Federation shall deliver to the House of Deputies
a report on the situation of all observations,
recommendations and raised actions.
The Superior Supervising Entity of the Federation
shall keep to itself its actions and observations
until the report described in this section is
delivered to the House of Deputies; the Law
shall establish the applicable sanctions to
whoever infringes this disposition.
III. To investigate any actions or omissions
implying irregularities or unlawful conduct in
regards to income, expenditures, management,
custody and allocation of federal funds and
resources and to carry out inspections to private
facilities only to require that such books,
190 Political Constitution of the United Mexican States
documents or files which are indispensable to
carry out the investigations be produced, subject
to the laws and formalities established for
searches; and
IV. To determine any damages and losses
affecting the Federal Treasury or the estate of
Federal Public Entities, and to directly impose
over whoever is responsible, the corresponding
payment of indemnifications and monetary
penalties, as well as to institute the appropriate
legal proceedings before authorities with
competence to impose other liabilities; to initiate
the liability procedures referred under Title Fourth
of this Constitution and to file accusations and
criminal charges in which procedures it shall
participate as provided by the Law.
All sanctions and other resolutions by the Superior
Supervising Entity of the Federation can be
contested by the supervised entities and, at any
case, by every affected public servant thereof,
before the Supervising Entity itself or the courts
described by Article 73, section XXIX of this
Constitution according to the Law.
Title Three 191
The House of Deputies shall appoint the head of
the Supervising Entity by the vote of two thirds
of its members in attendance. The Law shall establish
the procedure for said appointment. The head of
the Supervising Entity shall hold office for a term
of eight years and may be appointed again just for
one additional period. He may be removed
exclusively for serious misdemeanours set forth by
the Law, by the same number of votes required for
his appointment, or for the causes and in accordance
with the procedures set forth under Title Fourth of
this Constitution.
To qualify for the office of head of the Federation’s
Superior Supervising Entity, it is necessary to fill,
besides the qualifications provided under sections
I, II, IV, V and VI of Article 95 of this Constitution,
any other requirements established by the Law.
While holding such office, the incumbent may not
be member of any political party, nor hold any other
office, employment or commission, except pro
bono work in scientific, academic, artistic or charitable
associations.
192 Political Constitution of the United Mexican States
The Powers of the Union, the States and the rest
of the supervised entities shall facilitate all the
assistance required by the Superior Supervising
Entity of the Federation to fulfill its duties;
otherwise they shall be sanctioned according to
Law. Also, federal and local public servants, as well
as any entity, physical or moral person, public or
private, trust, mandate or fund, or any other legal
form, which receive or exercise federal public
funds, shal l del iver the informat ion and
documentat ion requested by the Super ior
Supervising Entity of the Federation, according to
the procedures established by the Law and
notwithstanding the cognizance of other authorities
and the rights of the financial system users. If no
information is given, the persons responsible shall
be sanctioned according to Law.
The President of the Republic shall carry out
administrative execution proceedings to collect the
indemnifications and monetary penalties provided
under section IV of this Article.
CHAPTER THREE The Federal Executive Branch
Article 80. The exercise of the Supreme Executive
Branch of the Union is vested in a single individual
who shall be called the “President of the United
Mexican States.”
Article 81. The election of the President shall be
direct and in accordance with the terms set forth
by the electoral law.
Article 82. The following qualifications are
required to be President of the Republic:
I. To be a Mexican citizen by birth, with legal
capacity to exercise his rights, born of Mexican
father or mother and to have resided in the country
for at least twenty years;
193
194 Political Constitution of the United Mexican States
II. To be thirty five years old at the time of the
election;
III. To have resided in the country during the
entire year prior to the day of the election. Absence
from the country for up to thirty days does not
interrupt the term of residence;
IV. Not to be neither a member of the clergy
nor a minister of any creed;
V. Not to be in active service, in case of being a
member of the army, for a period of six months
before the day of the election;
VI.- Not to be a State Secretary or Undersecretary,
Attorney General of the Republic, Governor nor
Head of Government of the Federal District,
unless he leaves that position six months before
the day of the election; and
VII. Not to be subject to any disqualifications
set forth under Article 83.
Article 83. The President shall begin his term in
office on December 1st and shall remain in charge
Title Three 195
for a term of six years. Any citizen, who has held
the office of President of the Republic, through
popular election or as interim, provisional or
substitute, shall never, under any circumstance,
hold such office again.
Article 84. In case of absolute absence of the
President of the Republic during the first two years
of the respective term, if the Congress of the Union
were in sessions, it shall immediately erect itself
as Electoral College, and if there shall be at least
two thirds of its total members present, it shall
designate by secret ballot and by an absolute majority
of votes, an Interim President. The same Congress
shall issue, within ten days following the designation
of the Interim President, a summons for the election
of the President who shall complete the respective
term; the date of such election shall be fixed within
an interval of no less than fourteen months nor
more than eighteen months between the date of
the summons and the date set to hold the election.
During the adjournments of the Congress of the
Union, the Permanent Commission shall immediately
196 Political Constitution of the United Mexican States
appoint a Provisional President and shall summon
the Congress to extraordinary sessions, so that the
latter in turn, may appoint an Interim President
and issue summons to presidential elections under
the terms provided by the foregoing paragraph.
Should the absence of the President occur during
the last four years of the respective term, if the
Congress of the Union were in sessions, it shall
designate the Substitute President who shall
conclude the term; if the Congress were not
assembled, the Permanent Commission shall
appoint a Provisional President and shall summon
the Congress of the Union to extraordinary sessions
so that it shall erect itself as Electoral College and
elect the Substitute President.
Article 85. If at the beginning of a constitutional
term the elected President should not attend, or if
the election has not been made and the results
declared by December 1st, the President whose
term has concluded shall nevertheless cease to hold
office, and the Executive Powers shall devolve on
the Interim President appointed by the Congress
Title Three 197
of the Union, or if Congress were not assembled,
on the Provisional President appointed by the
Permanent Commission, acting in accordance with
the preceding article.
Should the absence of the President be temporary,
the Congress of the Union, if it were assembled,
or otherwise, the Permanent Commission, shall
appoint an Interim President to act accordingly
during the period of absence.
Should the absence of the President exceed thirty
days and if the Congress were not assembled, the
Permanent Commission shall summon the Congress
to extraordinary sessions so that it may provide
for the leave of absence, and if appropriate appoint
an Interim President.
If the temporary absence should become absolute,
the procedure provided in the foregoing Article
shall apply.
Article 86. The office of President of the Republic
can only be resigned for serious cause that shall
be qualified by the Congress of the Union, before
whom the resignation must be submitted.
198 Political Constitution of the United Mexican States
Article 87. When taking office, the President shall
make the following oath before the Congress of the
Union or if in the adjournments thereof, before
the Permanent Commission: “I do solemnly swear
to uphold and enforce the Political Constitution of
the United Mexican States and the laws enacted
under its authority, and to faithfully and patriotically
execute the office of President of the Republic that
the people have vested on me, pursuing in all matters
the welfare and prosperity of the Union, and should
I not do so, may the Nation demand it from me.”
Article 88. The President of the Republic may leave
national land territory for up to seven days, previously
informing the reasons for his absence to the Senate
or the Permanent Commission, if applicable, as
well as the outcome of his activities abroad.
Whenever his absence is longer than seven days,
an authorization by the Senate or the Permanent
Commission shall be required.
Article 89. The powers and duties of the President
of the Republic are as follows:
I. To promulgate and enforce the laws enacted
by the Congress of the Union providing the
Title Three 199
means required, within his administrative
jurisdiction, for their faithful execution;
II. To appoint and remove State Secretaries at
his sole discretion, to remove diplomatic agents
and the high ranking employees of the Treasury,
and to unrestrictedly appoint and remove all
the other employees of the Union, whose
appointment or removal is not otherwise provided
for in the Constitution or the laws;
III. To appoint Justices of the Supreme Court,
diplomatic agents and general consuls, with the
approval of the Senate;
IV. To appoint the colonels and other superior
chiefs of the Army, Navy and Air Force and high
ranking employees of the Treasury, with the
approval of the Senate;
V. To appoint all other officers of the Army,
Navy and Air Force, as provided by the laws;
VI. To maintain national security, under the
terms of the respective law, and to dispose of
all permanent military forces of the Army, Navy
200 Political Constitution of the United Mexican States
and Air Force, for the Federation’s interior security
and defense;
VII. To dispose of the National Guard for the
same purposes mentioned hereinbefore, in
accordance with the terms set forth in Section
IV of Article 76;
VIII. To declare war in the name of the United
Mexican States pursuant to a law previously
enacted by the Congress of the Union to that end;
IX. To appoint the General Attorney of the
Republic with the ratification by the Senate;
X. To direct foreign policy and to celebrate
International treaties, as well as to terminate,
denounce, suspend, modify, amend, withdraw
reservations and formulate interpretative
statements about them, subject to approval by
the Senate. In conducting foreign policy, the
President of the Republic shall abide by the
following guiding principles: self-determination
of peoples; non-intervention; pacific settlement
of disputes; to refrain in their international
Title Three 201
relations from threats or use of force; of equal
rights of States; international cooperation for
development; and to maintain international
peace and security.
XI. To summon the Congress to extraordinary
sessions, in accordance with the respective
resolution of the Permanent Commission;
XII. To give the Judicial Branch the assistance
it requires for the prompt discharge of its duties;
XIII. To enable all sorts of ports, establish maritime
and frontier customhouses, and to determine
their location;
XIV. To grant, according to the laws, pardons
to criminals convicted for crimes under the
jurisdiction of federal courts, and to individuals
convicted for crimes under the local jurisdiction
of the Federal District;
XV. To grant exclusive privileges for a limited
time, in accordance with the respective law, to
discoverers, inventors, or improvers in any
branch of industry;
202 Political Constitution of the United Mexican States
XVI. When the Senate is not in session, the
President of the Republic may make the
appointments provided in sections III, IV and
IX, with the approval of the Permanent
Commission;
XVII. (Repealed);
XVIII. To submit to the Senate’s approval, a
proposal of three candidates to make the
appointment of Justices of the Supreme Court
of Justice, and to also submit thereto the requests
for leaves of absence and resignations of said
Justices;
XIX. (Repealed);
XX. Any others powers explicitly vested upon
him by this Constitution.
Article 90. Federal Public Administration shall be
centralized and decentralized, in accordance with
the provisions of the Organic Law to be enacted
by the Congress, which shall distribute the
administrative affairs of the Federation that shall be
entrusted to the Secretariats of State and shall
Title Three 203
establish the general principles for constituting
decentralized agencies and the intervention of the
President of the Republic in their operation.
The laws shall set forth the relation between
decentralized agencies and the President of the
Republic, or between such entities and the
Secretariats.
Article 91. To be State Secretary it is required to
be a Mexican citizen by birth, with legal capacity
to exercise his rights, and to be thirty years old.
Article 92. All the regulations, decrees, rulings and
orders of the President, must be countersigned by
the State Secretary to whom the matter pertains,
and shall not be obeyed unless having fulfilled
this requirement.
Article 93. The State Secretaries, as soon as the
regular period of sessions is open, shall address the
Congress to inform on the state of their respective
branches.
Any of the Houses may summon the State Secretaries,
the General Attorney of the Republic, as well as the
204 Political Constitution of the United Mexican States
directors and administrators of federal decentralized
agencies and the heads of autonomous organs, to
provide information under oath whenever a law is
under discussion or a matter is being studied
concerning their respective activities or branches.
The Houses, upon request by one fourth of its
members, in the case of the House of Deputies
and by half of its members in the case of the Senate,
have the power to constitute committees to
investigate the operation of said federal decentralized
agencies and Government controlled corporations.
The findings of such investigations shall be
communicated to the President of the Republic.
Both Houses can request information or documents
to the heads of all agencies and bodies of the
federal government, through a written question
which shall be answered in no less than 15 calendar
days from the moment of its reception.
These attributions shall be exercised according to
the Law and regulations of the Congress.
CHAPTER FOUR The Judicial Branch
Article 94. The exercise of the Judicial Branch of
the Federation is vested on the Nation’s Supreme
Court of Justice, in an Electoral Tribunal, in Collegiate
and Unitary Circuit Courts, and in District Courts.
Management, supervision and discipline of the
Judicial Branch of the Federation, with the exception
of the Nation’s Supreme Court of Justice, shall be
entrusted to the Federal Judicial Council, under the
terms established by the Law, in accordance with
the bases set forth in this Constitution.
The Nation’s Supreme Court of Justice shall be
composed with eleven Justices and shall function
in Full Court or in Chambers.
205
206 Political Constitution of the United Mexican States
In accordance with the terms provided by the Law,
the sessions in Full Court and in Chambers shall
be public, and by exception, when public interest
or public morals should so require it, the sessions
shall be secret.
The jurisdiction of the Supreme Court, its operation
in Full Court or in Chambers, the jurisdiction of Circuit
Courts, District Courts and of the Electoral Tribunal,
as well as the liabilities in which the public officers
of the Judicial Branch of the Federation may incur,
shall be governed by the provisions set forth in
the laws, in accordance with the bases established
in this Constitution.
The Federal Judicial Council shall establish the
number, circuit division, territorial jurisdiction and,
as appropriate, the specialization by subject matter
of Collegiate Courts, Unitary Circuit Courts and
District Courts.
The Supreme Court of Justice in Full Court shall
have powers to issue general decrees, with the aim
of attaining an adequate distribution among the
Chambers, of the affairs under the jurisdiction of
3
Title Three 207
the Court, as well as to remit to Collegiate Circuit
Courts those cases where it shall have established
binding judicial precedents3 for their prompt
dispatch, or such cases which the Court decides to
forward, in accordance with such decrees, for a
better dispensation of justice. Said decrees shall
be in force upon their publication.
The Law shall determine the terms under which
binding judicial precedents established by the
courts of the Judicial Branch of the Federation shall
be mandatory in respect to the interpretation of
the Constitution, federal or local laws and regulations,
and international treaties celebrated by the Mexican
State, as well as the requirements for its interruption
and amendment.
The text in Spanish uses the term Jurisprudencia. This term does not refer to any judicial resolution but only to those that constitute a binding judicial precedent. Articles 94 and 107 of this Constitution regulate the way in which it is created, as well as statutes governing federal procedures. Jurisprudencia or mandatory judicial precedent is created when the Supreme Court of Justice or Collegiate Circuit Courts (Appeal courts of the Federal Judiciary) rule in the same way in five consecutive occasions, in which case all lower federal courts must abide by such holdings. The Electoral Tribunal of the Federal Judicial Branch is also able to produce jurisprudencia.
208 Political Constitution of the United Mexican States
The remuneration received by the Justices of the
Supreme Court, Circuit Magistrates,4 District Judges
and Councillors of the Council of the Federal
Judiciary, as well as the Electoral Magistrates, may
not be reduced during their term in office.
The Justices of the Supreme Court shall hold their
office for a term of fifteen years, and may only be
removed therefrom in accordance with the terms
set forth by Title Fourth of this Constitution. Justices
shall be entitled to a retirement payment at the
end of their term.
No individual who has been a Justice may be
appointed for a new term, unless he has held the
office in a provisional or interim character.
Article 95. To be elected Justice of the Nation’s
Supreme Court of Justice, it is required:
I. To be a Mexican citizen by birth with legal
capacity to exercise his political and civil rights;
In the Mexican legal system, Magistrates who belong to the Federal or local Judicial Branches are appeal judges. Magistrates in administrative courts may be both, trial and appeal judges.
4
Title Three 209
II. To be at least thirty five years old on the day
of the appointment;
III. To have held on the day of the appointment,
a professional Law degree, for a minimum of ten
years, issued by an authority or institution legally
empowered theretofor;
IV. To have a good reputation and not have
been convicted for a crime punishable by
imprisonment for more than one year; but
should the crime have been robbery, fraud,
forgery, embezzlement or any other which would
seriously hurt good reputation as the public
perceives it, he shall be disqualified for office
whatever the penalty may have been;
V. To have resided within the country for the
last two years previous to the day of the
appointment; and
VI. Not to have been State Secretary, Attorney
General of the Republic or Attorney General of
the Federal District, Senator, Federal Deputy or
Governor of a State or Head of Government of
210 Political Constitution of the United Mexican States
the Federal District, in the year previous to the
day of the appointment.
The appointment of Justices must preferably go to
those individuals who have served with efficiency,
capacity and honesty in the dispensation of justice,
or who have distinguished themselves for their
honorability, proficiency and a good professional
record in the exercise of legal activities.
Article 96. In order to appoint Justices to the
Supreme Court of Justice, the President of the
Republic shall submit three candidates to the Senate.
The latter, upon previous appearance of the
individuals proposed, shall designate the one of
them, who shall fill the vacancy. The appointment
shall be made by the vote of two thirds of the
Senators present in the respective session, within
a term of thirty days which may not be extended.5
Should the Senate not decide within such term,
the position shall be filled by the individual
Said term is computed from the date the President submits the list of candidates.
5
Title Three 211
appointed by the President of the Republic from
the aforesaid group of three candidates previously
submitted.
In the event that the Senate should reject all three
candidates proposed, the President of the Republic
shall submit a new group of three candidates under
the terms of the previous paragraph. Should this
second group of candidates be also rejected, the
position shall be filled by the individual appointed
by the President of the Republic from the aforesaid
group of three candidates proposed.
Article 97. Circuit Magistrates and District Judges
shall be appointed and assigned to their jurisdiction
by the Council of the Federal Judiciary on the grounds
of objective criteria and in accordance with the
requirements and procedures set forth by the Law.
They shall hold office for six years, upon which,
should they be ratified or promoted to higher offices,
they may only be removed therefrom in the cases
and in accordance with the procedures established
by the Law.
The Nation’s Supreme Court of Justice may appoint
any or several of its members, or any District Judge
212 Political Constitution of the United Mexican States
or Circuit Magistrate, or may appoint one or several
Special Commissioners, when it deems convenient
or whenever the President of the Republic or any
of the Houses of the Congress of the Union, or the
Governor of a State should request it, only for the
purpose of investigating a fact or facts constituting
a serious violation to any constitutional right. It
may also require the Federal Judicial Council to
investigate the conduct of a Federal Judge or
Magistrate.
(Repealed.)
The Supreme Court of Justice shall appoint and
remove its clerk and all other officers and employees.
The Magistrates and Judges shall appoint and
remove their respective officers and employees of
Circuit Courts and District Courts, in accordance
with the provisions set forth by the Law in respect
to the judicial career.
Each fourth year period, the Nation’s Supreme Court
of Justice in Full Court, shall elect from amongst
its members one of them to act as its President, who
may not be reelected for the next immediate term.
Title Three 213
Each Justice of the Supreme Court of Justice when
taking office shall take oath before the Senate in
the following manner:
President: “Do you solemnly swear to faithfully and
patriotically execute the office of Justice of the
Nation’s Supreme Court of Justice which has been
vested upon you, and to uphold and enforce the
Political Constitution of the United Mexican States
and the laws enacted under its authority, pursuing
in all matters the welfare and prosperity of the Union?”
Justice: “Yes, I do swear.”
President: “Should you fail to do so, may the Nation
demand it from you.”
The Circuit Magistrates and District Judges shall take
oath before the Supreme Court of Justice and the
Federal Judicial Council.
Article 98. Whenever the absence of a Justice should
exceed one month, the President of the Republic
shall submit the appointment of an interim Justice
to the Senate’s approval, under the terms set forth
in Article 96 of this Constitution.
214 Political Constitution of the United Mexican States
Should a Minister be absent by cause of death or
for any other final cause of removal, the President
shall submit for the Senate’s approval a new
appointment under the terms set forth in Article
96 of this Constitution.
The resignations of Justices of the Supreme Court
of Justice shall only be admitted for serious causes.
Resignations shall be submitted to the President of
the Republic and if the latter accepts them, he shall
send them to the Senate for approval.
The leaves of absence of Justices, when they do
not exceed one month, may be granted by the
Nation’s Supreme Court of Justice. Those exceeding
such term shall be granted by the President of the
Republic with approval of the Senate. No leave of
absence may exceed a term of two years.
Article 99. Except for the provisions in section II
of Article 105 of this Constitution, the Electoral
Tribunal shall be the highest jurisdictional authority
on the subject matter and shall constitute a specialized
body of the Judicial Branch of the Federation.
Title Three 215
To exercise its powers, the Electoral Tribunal shall
operate through a Superior Chamber as well as
through Regional Chambers and its sessions to pass
judgment shall be public, in accordance with the
terms set forth by the Law. The Tribunal shall be
staffed with the legal and administrative personnel
needed to operate adequately.
The Superior Chamber shall be composed with seven
Electoral Magistrates. The Chief Magistrate of the
Court shall be elected by the Superior Chamber,
from amongst its members, to hold said office for
a term of four years.
The Electoral Tribunal shall have the power to
decide in a final and incontestable manner, subject
to the terms set forth in this Constitution, and
abiding by the provisions established by the Law,
the following issues:
I. Contests submitted against federal elections
for deputies and senators;
II. Contests submitted against the election of
the President of the United Mexican States which
216 Political Constitution of the United Mexican States
shall be decided by the Superior Chamber in
one single instance;
The Superior Chamber and the Regional Chambers
shall declare the nullity of an election only by
the causes expressly established by the laws.
Upon deciding any contests brought forth
against the election for President of the United
Mexican States, the Superior Chamber shall make
the final computations thereof and shall thereafter
make the declaration of validity of the election
and the declaration of Elected President in
respect to the candidate who shall have obtained
the largest number of votes;
III. Contests submitted against acts and resolutions
by federal electoral authorities, different from
the ones set forth in the previous two sections,
that infringe constitutional or legal provisions;
IV. Contests submitted against final and conclusive
resolutions or acts by State authorities with
jurisdiction to organize and qualify elections, or
to decide the disputes arising during elections,
which outcome may determine the development
Title Three 217
of the respective process or the final result
thereof. This procedure shall be admissible only
when the remedy requested is substantially and
legally possible within electoral terms, and
provided it is feasible to implement it before the
date constitutionally or legally set forth for
the installation of the elected government bodies
or for the taking of office of the individuals elected;
V. Contests submitted against actions and
resolutions infringing the electoral rights6 of
citizens to vote, to be voted, and to freely and
pacifically affiliate in order to participate in the
political affairs of the country, under the terms
provided by this Constitution and the laws;
VI. Labor disagreements or conflicts between
the Electoral Court and its employees;
VII. Labor disagreements or conflicts between
the Federal Electoral Institute and its employees;
The text in Spanish of the Constitution says derechos político electorales de los ciudadanos. In this translation the term político has been omitted, considering that electoral rights are a species of political rights.
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218 Political Constitution of the United Mexican States
VIII. Determination and imposition of penalties
from the Federal Electoral Institute to political
groups or parties or natural or artificial persons,
national or foreign, who infringe this Constitution
and the laws, and
IX. Any others set forth by the Law.
The Chambers of the Electoral Tribunal shall use
every necessary means of pressure to have their
sentences and resolutions rapidly fulfilled, in the
terms set forth by the Law.
Notwithstanding the prevision of Article 105 of this
Constitution, the Chambers of the Electoral Tribunal
can determine not to apply electoral laws which
are contrary to this Constitution. All sentences
delivered when exercising this faculty shall refer
to the specific case to which the process is about.
In such cases the Superior Chamber shall inform
the Supreme Court of Justice of the Nation.
When a Chamber of the Electoral Tribunal should
uphold a judicial precedent regarding the
unconstitutionality of an act or resolution or the
Title Three 219
interpretation of a provision of this Constitution
and this precedent were inconsistent with another
upheld by the Chambers of the Supreme Court of
Justice or by the latter operating in Full Court, any
of the Justices, the Chambers or the parties, may
denounce the contradiction according to the terms
established by the Law, so that the Nation’s Supreme
Court of Justice in Full Court may finally decide
which precedent must prevail. The resolutions
adjudged in accordance with this premise shall not
affect the cases already decided.
The organization of the Tribunal, the jurisdiction
of the Chambers, the procedures to decide the
affairs under its jurisdiction, as well as the
mechanisms to establish binding judicial precedents
in the subject matter, shall be the ones established
by this Constitution and the laws.
The Superior Chamber can, by itself, at the request
of a party or some of the Regional Chambers, to
attract the cases tried by said Chambers; also, it
can send the matters of its own cognizance to the
Regional Chambers to be tried and resolved. The
220 Political Constitution of the United Mexican States
Law shall set forth the rules and proceeding for
exercising such faculties.
In accordance with the terms provided by the Law,
the administration, supervision and discipline of the
Electoral Tribunal shall pertain to a Committee of
the Federal Judicial Council, which shall be
composed by the Chief Magistrate of the Electoral
Tribunal, who shall act as chairman thereof, one
Electoral Magistrate form the Superior Chamber,
selected by drawing, and by three members of the
Federal Judicial Council. The Electoral Tribunal
shall propose its budget to the Chief Justice of the
Nation’s Supreme Court of Justice, so that it may
be included in the Budget Draft of the Judicial Branch
of the Federation. Likewise, the Electoral Tribunal
shall issue its internal regulations and any general
decrees it should require to operate adequately.
The Electoral Magistrates composing the Superior
Chamber and the Regional Chambers shall be elected
by the vote of two thirds of the Senators present,
or in the adjournments thereof, by the Permanent
Commission, upon proposal submitted by the Nation’s
Title Three 221
Supreme Court of Justice. The Law shall establish
the corresponding rules and procedure.
The Electoral Magistrates constituting the Superior
Chamber must fulfill the requirements established
by the Law, which may not be less than those required
to hold the office of Justice of the Nation’s Supreme
Court of Justice, and they shall remain in office for
a term of ten years which is non extendible. The
resignations, absences and leaves of absence of
the Electoral Magistrates of the Superior Chamber
shall be processed, covered and granted by said
Chamber, as applicable, in accordance with the
terms of Article 98 of this Constitution.
The Electoral Magistrates composing the Regional
Chambers must comply with the requirements set
forth by the Law, which may not be less than those
required to be Magistrate of Collegiate Circuit Courts.
They shall hold their office for a non extendible term
of eight years, unless they are promoted to higher
offices.
In case of a definitive vacancy a new Magistrate shall
be appointed for the remaining of the time of the
original appointment.
222 Political Constitution of the United Mexican States
The labor relationships of the Tribunal’s personnel
shall be governed by the provisions applicable to
the Judicial Branch of the Federation and by the
special rules and exceptions set forth by the Law.
Article 100. The Federal Judicial Council shall be
a body of the Judicial Branch of the Federation,
which shall have technical and operational
independence and shall also be independent to
issue its resolutions.
The Council shall be composed by seven members
of which, one shall be the Chief Justice of the
Supreme Court of Justice, who shall also be the
chairman of the Council; by three Councillors
appointed by the Supreme Court in Full Court, by
a majority of at least eight votes, from amongst the
Circuit Magistrates and District Judges; two
Councillors appointed by the Senate and one by
the President of the Republic.
All the Councillors must comply with the requirements
provided under Article 95 of this Constitution and
be individuals distinguished for their professional
and administrative capacity, their honesty and the
Title Three 223
honorable performance of their activities, in the case
of the individuals appointed by the Supreme Court,
they must also be professionally well reputed within
the scope of the judiciary.
The Council shall function in Full Court or in
committees. When it is functioning in Full Court it
shall decide the designation, adscription, ratification
and removal of Magistrates and Judges, as well
as any other issues established by the Law.
Save for the chairman of the Council, the remaining
Councillors shall hold their office for five years.
They shall be replaced in a subsequent manner, and
shall not be designated for a new term.
The Councillors do not represent the institutions
appointing them, therefore, they shall perform their
duties in an independent and impartial manner.
During their term in office they may only be removed
in accordance with the terms set forth under Title
Fourth of this Constitution.
The Law shall establish the principles to improve
and advance the professional education and
224 Political Constitution of the United Mexican States
knowledge of officers, as well as for the development
of the judicial career, which shall be governed by
the principles of excellence, objectivity, impartiality,
professionalism and independence.
According with the provisions established by the
Law, the Council shall be empowered to issue
general decrees to adequately exercise its duties.
The Supreme Court of Justice may request from
the Council to issue such general decrees as it deems
necessary to ensure an adequate exercise of federal
judicial functions. The Court en Banc may also
review, and if appropriate, revoke the decrees
approved by the Council, by a majority of at least
eight votes. The Law shall establish the terms and
procedures to exercise these powers.
The Council’s decisions shall be final and without
further appeal and, therefore, no action or remedy
shall be admissible against them, save for the ones
referring to the appointment, adscription, ratification
and removal of Magistrates and Judges, which may
be reviewed by the Supreme Court of Justice, only
to verify that they have been adopted in accordance
Title Three 225
to the rules established by the respective organic
law.
The Supreme Court of Justice shall prepare its own
budget and the Council shall prepare it for the
rest of the Judicial Power of the Federation, regardless
of the provisions set forth in paragraph seventh of
Article 99 of this Constitution. The budgets so
prepared shall be forwarded by the Chief Justice
of the Supreme Court, to be included in the
Federation’s Expenditure Budget draft. The
administration of the Supreme Court of Justice shall
pertain to its Chief Justice.
Article 101. The Justices of the Supreme Court of
Justice, the Circuit Magistrates, the District Judges
and their respective clerks, the Councillors of the
Federal Judicial Council, as well as the Magistrates
of the Superior Chamber of the Electoral Tribunal,
may never, in any case, accept nor hold a job or
an office of the Federation, the States, the Federal
District, or for private persons, save for pro bono
positions in scientific, academic, literary or
charitable associations.
226 Political Constitution of the United Mexican States
The individuals who have held the office of Justice
of the Supreme Court, Circuit Magistrate, District
Court or Councillor of the Federal Judicial Council,
as well as of Magistrate of the Superior Chamber
of the Electoral Tribunal may not, within the two
years immediately following the date of their
retirement, act as counsellors, attorneys or
representatives in any proceedings before the
bodies of the Judicial Branch of the Federation.
During such term, the individuals who have held
the office of Justices, except when having held it
in a provisional or interim character, may not hold
the offices set forth in section VI of Article 95 of
this Constitution.
The disqualifications established in this Article shall
be applicable to judicial officers enjoying a leave
of absence.
The infraction to the provisions in the previous
paragraphs shall be punished with the loss of the
respective position within the Judicial Branch of
the Federation, as well as with the forfeiture of the
considerations and compensations which henceforth
Title Three 227
should correspond to said office, regardless of any
other penalties provided by the laws.
Article 102.
A. The Law shall organize the duties of the Public
Prosecution Office of the Federation, whose
officers shall be appointed and removed by the
President of the Republic in accordance with
the respective law. The Public Prosecution
Office of the Federation shall be presided by
the Attorney General of the Republic, who
shall be appointed by the President of the
Republic with ratification by the Senate, or in
the adjournments thereof, by the Permanent
Commission. To become Attorney General it is
required to be a Mexican citizen by birth; to be
at least thirty five years of age on the day of the
appointment; to have held a professional Law
degree for a minimum of ten years; to have a
good reputation, and not to have been convicted
for an intentional crime. The Attorney General
may be freely removed by the President of the
Republic.
228 Political Constitution of the United Mexican States
The prosecution of all federal crimes before the
courts pertains to the Public Prosecution Office
of the Federation. Therefore, it is the duty of
said office to request arrest warrants against
suspects of a crime; to procure and submit
evidence to prove their liability; to see that trials
are conducted with regularity so that the
administration of justice may be prompt and
efficient, to request the imposition of penalties,
and intervene in all matters set forth by the Law.
The Attorney General of the Republic shall
personally intervene in all constitutional
controversies and actions of unconstitutionality
set forth in Article 105 of this Constitution.
In all cases where the Federation is a party; in
cases involving diplomatic and general consuls
and in any other cases where the Public
Prosecution Office of the Federation should
intervene, the Attorney General shall do so by
himself or through his agents.
The Attorney General of the Republic and his
agents shall be liable for any faults, omissions
Title Three 229
or violations to the Law in which they incur by
cause of their duties.
The duty of legal counsel for Government shall
be in charge of an agency under the President
of the Republic, which shall be established by
the Law for that purpose.
B. The Congress of the Union and the States
Legislatures, within their respective jurisdiction,
shall establish organisms for the protection of
human rights protected by Mexican legal order.
Such organisms shall hear complaints against
administrative actions or omissions by any
authority or public servant infringing these rights,
except for complaints pertaining to the Judicial
Branch of the Federation.
The organisms referred under the previous
paragraph shall produce public recommendations
which shall not be binding, and file accusations
and complaints before the respective authorities.
These organisms shall not have jurisdiction in
electoral, labor and judicial affairs.
230 Political Constitution of the United Mexican States
The organism so established by the Congress
of the Union shall be called National Commission
of Human Rights; it shall have autonomy for its
operations and management of its budget, as well
as its own legal capacity and patrimony.
The National Commission of Human Rights shall
have an Advisory Council composed by ten
councillors who shall be elected by the vote of
two thirds of the members present in the Senate
or, in the adjournments thereof, by the Permanent
Commission of the Congress of the Union, by
the same qualified votes. The Law shall determine
the procedures to be followed by the Senate
for the submission of the proposals. Each year
the two first appointed councillors shall be
replaced in office unless they should be proposed
or ratified for a second period in office.
The President of the National Commission of
Human Rights, who shall also be Chairman of
the Advisory Council, shall be elected in the
same terms as provided under the foregoing
paragraph. He shall hold his office for a period
Title Three 231
of five years and may be reelected for one single
additional term, and may only be removed from
office in accordance with the terms provided
by Title Fourth of this Constitution.
The President of the National Commission of
Human Rights shall annually present to the
Powers of the Union a report of activities, to that
end; he shall appear before the Houses of
Congress in accordance with the terms provided
by the Law.
The National Commission of Human Rights shall
hear complaints against the resolutions or
omissions of its equivalent organisms in the States.
Article 103. The Courts of the Federation shall
decide all disputes concerning:
I. Laws or acts of authority that infringe
constitutional rights;
II. Laws or acts of a Federal authority which abridge
or encroach on the sovereignty of the States or
the jurisdiction of the Federal District; and
232 Political Constitution of the United Mexican States
III. Laws or acts by authorities of the States or of
the Federal District which encroach on the
jurisdiction of Federal authorities.
Article 104. The Federal Courts shall have
jurisdiction over:
I. All civil or criminal disputes arising out of the
application and enforcement of federal laws or
international treaties celebrated by the United
Mexican States. Whenever such disputes should
only affect the interests of private parties,
ordinary Judges and courts of the States or of
the Federal District may hear them, at the choice
of the plaintiff. Judgments of lower courts may
be reviewed by the appeal court standing directly
above the trial court that issued said judgment;
I-B. Reviews filed against final resolutions issued
by the administrative law courts referred under
sections XXIX-H of Article 73 and section IV,
subsection e) of Article 122 of this Constitution,
and only in those cases established by the
laws. These reviews which shall be heard by
Title Three 233
the Collegiate Circuit Courts will be subject to the
review procedures established by the Law
Regulating Articles 103 and 107 of this Constitution
(hereinafter Amparo Law)7 for indirect Amparo
trial, and no further actions or reviews shall be
admissible against resolutions issued therein by
Collegiate Circuit Courts;
II. All disputes pertaining to the law of the sea;
III. Those disputes in which the Federation is a
party;
IV. Those controversies and actions set forth under
Article 105, which shall be exclusively brought
forth before the Nation’s Supreme Court of Justice;
V. Those disputes arising between a State and
one or more residents of another State; and
Amparo Law is written in the Constitution as “Law Regulating Articles 103 and 107 of the Constitution”, it is usually referred to as the Amparo Law and is translated as such to avoid confusion, since this is the only Amparo Law there is. (West III, Thomas L., Spanish English Dictionary of Law and Business, Atlanta, Georgia, Protea Publishing, 1999, p. 153-154). Also see the following notes for an explanation of the Amparo trial.
7
234 Political Constitution of the United Mexican States
VI. All cases involving members of the Diplomatic
and Consular Service.
Article 105. The Nation’s Supreme Court of Justice
shall hear, under the terms set forth by the Law, of
the following matters:
I.- Constitutional controversies, except for the
ones referring to electoral matters and the
previsions of Article 46 of this Constitution,
arising between:
a) The Federation and a State or the Federal
District;
b) The Federation and a Municipality;
c) The President of the Republic and the Congress
of the Union; the President of the Republic and
any of the Houses of the said Congress, or, as the
case may be, the Permanent Commission, acting
as Federal bodies or as bodies of the Federal
District;
d) A State and another one;
e) A State and the Federal District;
Title Three 235
f) The Federal District and a Municipality;
g) Two Municipalities from diverse States;
h) Two Powers of the same State, regarding the
constitutionality of their actions or general
provisions;
i) A State and one of its Municipalities, regarding
the constitutionality of their actions or general
provisions;
j) A State and a Municipality from another State,
regarding the constitutionality of their actions
or general provisions; and
k) Two government bodies of the Federal District,
regarding the constitutionality of their actions
or general provisions.
Whenever controversies should concern general
legal provisions issued by the States or the
Municipalities and contested by the Federation,
or by the Municipalities and contested by the
States, or in the cases in subsections c), h) and
k) hereinbefore, and the resolution issued by
236 Political Constitution of the United Mexican States
the Supreme Court of Justice should declare
them null and void, such resolution shall have
general binding effects when approved by the
vote of a majority of at least eight Justices.
In all other cases, the resolutions of the Supreme
Court of Justice shall have binding effects only
in respect to the parties of the controversy.
II. Actions of unconstitutionality directed to
establish a possible contradiction between a
general legal provision and this Constitution.
Actions of unconstitutionality may be brought
forth, within thirty calendar days immediately
following the date of publication of the contested
provision, by:
a) The equivalent of thirty three percent of the
members of the House of Deputies of Congress
of the Union, against Federal laws or laws of the
Federal District enacted by the Congress of
the Union;
b) The equivalent to thirty three percent of the
members of the Senate, against Federal laws or
Title Three 237
laws of the Federal District, enacted by the
Congress of the Union or against international
treaties celebrated by Mexico;
c) The Attorney General of the Republic, against
Federal, State and Federal District laws, as well
as against international treaties celebrated by
Mexico;
d) The equivalent to thirty three percent of the
members of any of the State Legislative Bodies,
against laws enacted by that same body, and
e) The equivalent of thirty three percent of the
members composing the Assembly of the Federal
District, against laws enacted by said Assembly;
f) Political parties registered with the Federal
Electoral Institute, through their national
directorships, against federal or local electoral
laws; and political parties registered in a State,
through their directorships, exclusively against
electoral laws issued by the legislative body of
the State that granted their registry.
238 Political Constitution of the United Mexican States
g) The National Commission of Human Rights,
against federal and local laws and those of the
Federal District, as well as international treaties
celebrated by the President of the Republic with
the approval of the Senate, which violate the
human rights set forth by this Constitution. Also
the equivalent agencies of human rights’ protection
in the States, against laws delivered by their
Congresses, and the Commission of Human
Rights of the Federal District against laws delivered
by the Assembly.
The only procedure to contest the constitutionality
of electoral laws is the one established in this
Article.
Electoral federal and local laws must be
promulgated and published at least ninety days
before the commencement of the electoral
process that they will regulate, and during
said process there may not be any fundamental
amendments thereto.
The resolutions of the Supreme Court of Justice
may only declare null and void the provisions
Title Three 239
contested, provided that such resolutions are
approved by the vote of a majority of at least
eight Justices.
III. By its own motion or by motion justified
and submitted by the corresponding Unitary
Circuit Court or by the General Attorney of the
Republic, it may hear appeals against decisions
issued by District Judges in proceedings where
the Federation is a party and which so merit it,
in the light of their interest and transcendence.
The resolutions declaring null and void any of the
provisions mentioned under sections I and II of
this Article, shall not have retroactive effect, save
in criminal matters, where general principles and
legal provisions applicable thereto shall govern.
In case of failure to comply with the resolutions
provided under sections I and II of this Article,
the proceedings established in the first two
paragraphs of section XVI of Article 107 of this
Constitution shall be applied, as appropriate.
Article 106. The Judicial Branch of the Federation,
under the terms provided by the respective law,
8
240 Political Constitution of the United Mexican States
shall decide the disputes arising by reason of
jurisdiction between the Courts of the Federation,
between the latter and State Courts or the Courts
of the Federal District, between a State Court and
a Court from another State, or between a State Court
and a Court of the Federal District.
Article 107. All disputes considered under Article
103 shall be subject to the proceedings and formalities
established by the Law, in accordance with the
following bases:
I. The Amparo trial8 must always be initiate at
the instance of the injured party.
Amparo trial: called Juicio de Amparo or Juicio de Garantías is a native Mexican legal institution. It is a constitutional remedy to obtain relief against violation of constitutional civil rights committed by the government or by a court of law. Its purposes are: to preserve the rights and freedoms granted by the Federal Constitution to private persons against executive, legislative and court acts and to preserve Federal, State and local sovereignty in interstate or Federal- State disputes. Relief applies only to the petitioner and the decision serves only as a reference for subsequent cases (and does not have the same force and effect as precedent does under US or British law). There are 2 types of Amparo trial proceedings: (i) Amparo Indirecto (Indirect Amparo trial) tried before Federal District Courts against Federal, State
Title Three 241
II. The Amparo trial shall be always such that it
shall involve only private persons, and it will
be limited to granting them relief and protection
for the specific case concerned in the complaint,
and must refrain from any general declaration
about the Law or act on which the complaint is
based.
In the Amparo trial deficient complaints must
be corrected as provided under the Amparo Law.9
Whenever the acts claimed in the Amparo trial
deprive or may deprive any ejidos or communal
or municipal laws, against regulations issued by the Federal or State Executive branches, against acts of authority committed by Federal, State or municipal government agencies; and (ii) Amparo Directo (Direct Amparo trial), which is tried before Federal Collegiate Circuit Courts against final court decisions that violate the Constitution. In both types of Amparo, the government act contested (acto reclamado) may be subject to a provisional suspension, which is a temporary injunction, upon the filing of the petition, and a permanent injunction (suspensión definitiva) may be issued after a hearing where evidence and legal arguments are presented. The judgment is always directed to the government or court authorities in question and not to the individuals and business or corporate or civil entities which are parties to the proceedings. (Becerra, Javier F., op. cit., Note 3, p. 488) Federal courts must correct deficiencies found in certain complaints, as provided by Amparo Law.
9
242 Political Constitution of the United Mexican States
population center that by law or in fact are
organized as a community, or any ejidatario or
any comunero,10 of their ownership, possession
and enjoyment of their lands, waters, pastures and
woodlands, all evidence that could benefit any
of the aforesaid entities or individuals must be
obtained at the court’s own motion, and any
actions or proceedings deemed necessary to
determine their agrarian rights, as well as the
nature and consequences of the acts claimed
from any authority, must be ordered.
In the Amparo trials referred in the preceding
paragraph, neither dismissal of the suit for
procedural inactivity nor for lapsing of the
proceedings shall be admissible to the detriment
of ejido or communal population centers, or
ejidatarios or comuneros, but either one may be
admissible to their benefit. Whenever any of
the acts claimed should affect the collective rights
of a rural settlement, neither their express
motion for dismissal nor having consented the
10 See Note 19 of Title One.
Title Three 243
act claimed shall be admissible, unless such
motion is determined by the General Assembly
or said consent is granted by the latter.
III. The Amparo trial against acts by judicial,
administrative, or labor courts shall only be
admissible in the following cases:
a) Against those final judgments or awards and
resolutions putting an end to a trial, where no
ordinary review is available to amend or to change
them, whether the grievance should occur
therein or during the course of proceedings,
affecting the petitioner’s defenses so as to
influence the outcome of the judgment; provided
that, in civil causes, the grievance was contested
during the course of proceedings by any ordinary
means for relief provided by the Law and
claimed as a grievance before appellate court,
if it occurred at trial court. These requisites shall
not be required in Amparo trials against judgments
issued in disputes regarding marital status actions
or actions affecting the order and stability of
the family;
244 Political Constitution of the United Mexican States
b) Against acts during a trial which enforcement
would render them impossible to restitute,
whether out of court or after the trial’s conclusion,
upon having exhausted the appropriate remedies;
and
c) Against acts affecting persons who are not
involved in the lawsuit.
IV. In administrative cases, an Amparo trial may
be brought forth also against decisions causing
a grievance which cannot be repaired by any
remedy, court proceeding or any other lawful
means of defense. The exhaustion of such
remedies shall not be necessary whenever the
Law providing them requires more requisites
to obtain an injunction of the act contested11
than those required by the Amparo Law as a
condition therefore.
11 Injunction or stay of execution, as it is used here, is called suspensión del acto reclamado in Mexican law. It is a stay of execution, similar (but not identical) to an injunctive relief in Amparo proceedings whereby the acts of the respondent authority are suspended until a final judgment on the Amparo is reached. (Becerra, Javier F., op. cit., Note 3, P. 743)
Title Three 245
V. The Amparo trial against final judgments or
awards and resolutions putting an end to the
case, whether the grievances have occurred
during the course of proceedings or in the
judgment itself, shall be filed before the
corresponding Collegiate Circuit Court subject
to the territorial distribution set forth in the
Organic Law of the Judicial Branch of the
Federation, in the following cases:
a) In criminal causes, against final judgments
issued by federal, ordinary, or military courts;
b) In administrative cases, whenever private
persons contest any final judgments or decisions
putting an end to the trial, issued by ordinary
or administrative courts, which cannot be
redressed by any remedy, trial or any other
ordinary legal procedure;
c) In civil cases, against any final judgments
issued by Federal courts or in commerce trials,12
12 In Mexico, commercial laws are federal. Nevertheless, both, federal and state judges have jurisdiction over these cases. The plaintiff usually decides the court where she wants to present her suit.
246 Political Constitution of the United Mexican States
whether the authority issuing the judgment be
federal or local, or in suits under ordinary
jurisdiction;
In federal civil cases, judgments may be contested
through an Amparo trial by any of the parties,
even by the Federation in defense of its own
pecuniary interests; and
d) In labor cases, when contesting awards issued
by Federal or Local Conciliation and Arbitration
Boards or by the Federal Conciliation and
Arbitration Board for Government Employees;13
The Supreme Court of Justice by its own motion
or by motion justified and submitted by the
corresponding Collegiate Circuit Court or by
the Attorney General of the Republic, may hear
Direct Amparo trials14 in the light of their interest
and transcendence.
13 In Labor Law, a quasi-administrative court charged with the hearing of a deciding upon, labor, employment, and labor union matters. (Becerra, Javier F., op. cit., Note 3, P. 490)
14 Article 107 of the Constitution presents two types of Amparo trials. The Direct Amparo trial is regulated in section V and the Indirect Amparo trial are regulated in section VII of said Article.
Title Three 247
VI. In the cases provided in the aforesaid
section, the Amparo Law shall set forth the
proceedings and terms that Collegiate Circuit
Courts or the Supreme Court of Justice must
abide by to issue their respective judgments.
VII. The Amparo trial against acts during trial,
outside court and after trial, or those acts affecting
persons who are not involved in the lawsuit,
against laws or against acts by any administrative
authority, shall be filed before the District Judge
under whose jurisdiction is the place where the
contested act is carried out or where such act is
attempted, and its proceedings shall be limited
to the report rendered by the authority, to a
hearing which shall be summoned in the same
court order requiring the report from the
respondent authority. In such hearing the evidence
submitted by the parties shall be admitted, their
allegations shall be heard, and judgment on the
case shall be rendered.
VIII. Appeal for review is admissible against
judgments rendered in Amparo trial proceedings
248 Political Constitution of the United Mexican States
by District Judges or Unitary Circuit Courts. Such
review shall be brought before the Supreme
Court of Justice:
a) When after having contested in an Amparo
trial any federal or local laws, international treaties,
regulations issued by the President of the
Republic in accordance with section I of Article
89 of this Constitution and regulations of local
laws issued by the Governors of the States or
by the Head of Government of the Federal
District, for considering any of them in direct
violation of the Constitution and the issue of
constitutionality is still addressed in the appeal
for review;
b) In the cases set forth under sections II and
III of Article 103 of this Constitution.
The Supreme Court of Justice by its own motion
or by motion justified and submitted by the
corresponding Collegiate Circuit Court or by the
Attorney General of the Republic, may review
those Amparo trial judgments it deems relevant
in the light of their interest and transcendence.
Title Three 249
In any other cases not provided for in the previous
paragraphs, the appeal for review shall be
brought forth before Collegiate Circuit Courts,
whose judgments shall be final and shall not
admit any further review.
IX. The judgments rendered in Direct Amparo
suits issued by Collegiate Circuit Courts shall
not admit any further review, unless they decide
on the unconstitutionality of a law or establish
a direct interpretation of a provision of the
Constitution. In these cases, the Supreme Court
of Justice subject to its own general decrees15
shall decide if a certain judgment implies the
establishment of a significant and transcendent
criterion. Only under these premises shall the
appeal before the Supreme Court of Justice be
admissible, but the subject matter of the case in
review shall be restricted exclusively to decide
issues of a purely constitutional nature.
15 The Supreme Court of Justice in Full Court may issue regulations on several topics such as internal government, jurisdiction and others.
250 Political Constitution of the United Mexican States
X. Contested acts may be subject to injunction16
in the cases and under the terms and guarantees
set forth by the Law, wheretofore, the judge or
magistrate shall take into account the nature of
the alleged violation, the difficulty to compensate
for damages and losses that the petitioner may
suffer if the contested act is executed, and those
which the injunction may cause to third parties
affected17 and to public interest.
Said injunction must be granted in final judgments
in criminal matters when serving notice that an
Amparo trial has been filed. In civil matters, an
injunction will be awarded upon indemnity
bond provided by the petitioner to answer for
damages and losses that such injunction could
16 In the Amparo Law, this type of injunction is called suspensión and it has several effects, among which are: it can function as a Court order directing the Government defendant do not pursue the action on which relief is being sought and maintain the situation as is, until a final resolution is issued on the Amparo trial; it may also be used to obtain a stay of execution. (Becerra, Javier F., op. cit., Note 3; p. 743)
17 Third parties who must be joined in action because their interests would be affected by the decision of the Amparo trial. (Campbell Black, Henry, op. cit., Note 1, p. 714, and Becerra, Javier F., op. cit., Note 3, p. 755)
Title Three 251
cause. Said injunction will be cancelled if the
other party gives bond to insure the reinstallment
of the situation to the state which it would have
had should the Amparo be awarded, and to pay
for resulting damages and losses.
XI. The injunction shall be requested from the
respondent authority,18 in the case Direct
Amparo trials brought forth before Collegiate
Circuit Courts, and the respondent authority
shall decide the issue. In any case, the petitioner
must file the Amparo trial before the respondent
authority, attaching copies of the petition for
the other parties in the suit, including the Public
Prosecutor and one for the court file. In all other
cases, the District Courts or Unitary Circuit
Courts shall hear and decide on the injunction.
XII. Violations to the constitutional rights
provided under Articles 16, in criminal matters,
18 Respondent authority is the authority against whom an Amparo trial was filed, the government defendant held responsible for an unconstitutionally action. (West III, Thomas L., op. cit., Note 28, p. 40).
252 Political Constitution of the United Mexican States
and 19 and 20, shall be claimed before the appeal
court standing directly above the trial court
that committed the violation, or before the
corresponding District Judge or Unitary Circuit
Court, and in either case, the judgments rendered
may be reviewed as provided under section VIII.
Should the District Judge or the Unitary Circuit
Court not reside in the same place of the
respondent authority, the Law shall establish
the court or the judge before whom the Amparo
trial must be brought forth who may grant a
provisional injunction of the contested act, in
the cases and terms set forth by law.
XIII. Whenever Collegiate Circuit Courts should
hold contradictory judgments in Amparo trials
within their jurisdiction, the Justices of the
Supreme Court of Justice, the Attorney General
of the Republic, the aforesaid Courts or the
parties that intervened in the trials where said
judgments were held, may denounce the
contradiction to the Supreme Court of Justice,
so that the latter in Full Court or the respective
Title Three 253
Chamber, as appropriate, may decide the judgment
that must prevail as binding judicial precedent.
When the Chambers of the Supreme Court of
Justice should hold contradictory judgments in
the Amparo trials heard under their jurisdiction,
any one of said Chambers or the Attorney General
of the Republic, or the parties who intervened
in the trials where said judgments were held,
may denounce the contradiction to the Supreme
Court of Justice, who acting in Full Court, shall
decide which judgment shall prevail.
The resolution rendered by the Chambers of the
Supreme Court of Justice or by the latter acting
in Full Court, in the cases provided under the
two previous paragraphs, shall only be effective
for the purpose of establishing binding judicial
precedents and shall not affect the specific legal
situation arising from the judgments rendered
in trials where the contradiction occurred, and
XIV. Save for the provisions in the last paragraph
of section II of this Article, the Amparo trial shall
be dismissed or the lapsing of the proceedings
254 Political Constitution of the United Mexican States
for procedural inactivity of the petitioner or the
appellant, respectively, in cases where the
contested act is of a civil or of an administrative
nature, and in accordance with the terms set
forth by the Amparo Law. The lapsing of the
proceedings in Amparo trial shall render final
and conclusive the judgment under review.
XV. The General Attorney of the Republic or a
Federal Public Prosecutor appointed by the
former for that purpose, shall be a party in all
Amparo suits; but they may abstain from
intervening thereon, whenever the case in
question should, in their opinion, lack public
interest.
XVI. If the Amparo trial has been granted and
the respondent authority should insist in repeating
the contested act or if it should try to avoid the
judgment issued by the Federal authority, and
should the Supreme Court of Justice consider
that such failure to comply is inexcusable, said
authority shall immediately be separated from
office and brought to trial before the appropriate
Title Three 255
District Judge. Should such failure to comply
be excusable, upon rendering a previous
declaration of failure to comply or repetition of
the contested act, the Supreme Court shall
require compliance from the respondent authority
and shall grant it a prudent term to comply with
the judgment. Should said authority not comply
with the judgment within the term granted
theretofore, the Supreme Court of Justice shall
act in accordance with the terms set forth
hereinbefore.
Whenever the nature of the act should permit
it, the Supreme Court of Justice, once it has
determined failure to comply or repetition of
the contested act, may decide on its own motion
to substitute the enforcement of the Amparo
judgment, when its execution should seriously
affect society or third parties in a larger
proportion than the economic benefits that the
petitioner would obtain. Likewise, the petitioner
may request from the appropriate body, to
substitute the enforcement of the Amparo
256 Political Constitution of the United Mexican States
judgment whenever the nature of the act should
permit it.
The lack of procedural activity or of motions
by an interested party, in procedures pursuing
the enforcement of Amparo judgments, shall
lead to the lapsing of the proceedings as provided
by the Amparo Law.
XVII. The respondent authority shall be accused
and brought forth before the appropriate authority,
whenever it should not comply with the
injunction of the contested act having the duty
to do so, and whenever it should admit an
insufficient or false bond, in these two last cases,
the authority shall be jointly liable with the
person offering the bond and with the one
providing it.
XVIII. (Repealed).
TITLE FOUR The liabilities of public officers
Article 108. For the purpose of the liabilities to
which this Title refers, representatives by popular
election, members of the Judicial Branch of the
Federation and of the Judicial Branch of the Federal
District, officers and employees, and in general any
individual holding an office, an employment or a
commission of whatever nature in the Congress of
the Union, the Assembly of the Federal District
or the Federal Public Administration or in the
Federal District, as well as the employees of those
entities to which this Constitution has granted
autonomy, shall be considered public officers, and
they shall be liable for any actions or omissions in
which they incur in the performance of their
respective duties.
257
258 Political Constitution of the United Mexican States
The President of the Republic, during his term in
office, may be impeached only for treason against
the United Mexican States and high crimes under
ordinary jurisdiction.
Governors of States, Deputies of State Legislatures,
Magistrates of Superior Courts of Justice of the States
and, as appropriate, the members of the Judicial
Councils of the States, shall be liable for violations
to this Constitution and to Federal laws, as well as
for improper handling of Federal funds and
resources.
The Constitutions of the States shall specify, in the
same terms as the first paragraph of this Article
and for the purpose of liabilities, the nature of
public officers of those individuals holding an
office, employment, or a commission in the States
and the Municipalities.
Article 109. The Congress of the Union and the
State Legislatures, within the scope of their
respective jurisdictions, shall enact liability laws
for public officers, and any other provisions aiming
Title Four 259
to punish public officers who incur in liabilities
according to the following provisions:
I. The penalties established in Article 110 shall
be imposed through impeachment proceedings
to those public officers referred in said Article,
should they incur in actions or omissions in the
performance of their duties, affecting fundamental
public interests or the proper discharge of their
duties in office.
Impeachment proceedings are not admissible
just for the sole expression of ideas.
II. The commission of a crime by any public officer
shall be prosecuted and punished in accordance
with criminal law; and
III. Administrative penalties shall be imposed
on public officers for actions or omissions affecting
the legality, honesty, loyalty, impartiality and
efficiency by which they must abide in the
performance of their employments, offices or
commissions.
260 Political Constitution of the United Mexican States
Procedures to impose the penalties mentioned shall
be carried out independently. Penalties of the same
nature may not be imposed twice for the same act.
The laws shall establish the cases and circumstances
where criminal penalties shall be imposed for unjust
enrichment, to those public officers who during
their term in office, or by reason thereof, by
themselves or through third parties, substantially
increase their estate, acquire assets or act as owners
of such assets, when they cannot justify their licit
origin. Criminal laws shall punish such behaviour
with the seizure and forfeiture of ownership over
said assets, besides any other applicable penalties.
Any citizen, under his strictest responsibility and
by submitting the evidence of the case, may press
charges before the House of Deputies of the Congress
of the Union in respect to the acts referred in this
Article.
Article 110. The following offices may be subject
to impeachment: Senators and congressmen to the
Congress of the Union, Justices of the Nation’s
Title Four 261
Supreme Court of Justice, Councilors of the Federal
Judicial Council, State Secretaries, Representatives
of the Assembly of the Federal District, the Head of
Government of the Federal District, the Attorney
General of the Republic, the Attorney General of
the Federal District, Circuit Magistrates and District
Judges, Magistrates and Judges of the Federal
District, Councilors of the Judicial Council of the
Federal District, the Chairman Councilor, the
Electoral Councilors and the Secretary of the
Federal Electoral Institute, the Magistrates of the
Electoral Tribunal, the general managers and their
equivalents in decentralized agencies and
Government controlled corporations, and other
associations assimilated to the latter and public
trusts.
State Governors, Deputies of the State Legislatures,
Magistrates of Superior Courts of Justice of the
States, and if applicable, members of the Judicial
Councils of the States, may only be subject to
impeachment according to the terms provided in
this Title for serious violations to the Constitution
and to Federal laws enacted in pursuance thereof,
262 Political Constitution of the United Mexican States
as well as for unlawful management of Federal
funds and resources, but in this case the decision
shall be only a declaratory resolution which shall
be communicated to the State Legislatures, so that
they may take appropriate actions in accordance
with their respective faculties.
The penalties that shall apply will be removal from
public office, disqualification to perform any public
functions, or hold any public offices, employments
or commissions of whatever nature.
To enforce the penalties provided herein, the House
of Deputies shall submit the respective accusation
before the Senate, after previous declaration by an
absolute majority of the members present in the
session of said House, after carrying out the respective
procedure and hearing the accused officer.
The Senate setting itself as grand jury, shall hear
the accusation, and shall impose the corresponding
penalties in a resolution approved by the vote of
two thirds of its members present in the session,
once the corresponding procedures have been
Title Four 263
carried out and after having heard the accused
officer.
The declarations and resolutions of the House of
Deputies and the Senate are final.
Article 111. To press criminal charges against
deputies and senators of the Congress of the Union,
Justices of the Nation’s Supreme Court of Justice,
Magistrates of the Superior Chamber of the
Electoral Tribunal, Councilors of the Federal Judicial
Council, State Secretaries, Representatives to the
Assembly of the Federal District, the Head of
Government of the Federal District, the Attorney
General of the Republic, and the Attorney General
of the Federal District, as well as Chairman Councilor
and the Electoral Councilors of the General Council
of the Federal Electoral Institute, for the commission
of crimes during their term in office, the House of
Deputies shall declare by an absolute majority
whether there are or there are not grounds to proceed
against the accused.
If the resolution of the House were negative, no
further action shall be taken, but that shall not
264 Political Constitution of the United Mexican States
prevent the imputation for the commission of a
crime to continue its course when the accused
public officer should have concluded his term in
office, since such resolution does not prejudge in
respect to the grounds of the imputation.
Should the House declare there are grounds to
proceed against the accused, the individual shall
be placed at the disposition of the corresponding
competent authorities so that they may act in
accordance with the Law.
In regards to the President of the Republic, he can
only be impeached before the Senate subject to
the terms provided by Article 110. In this case, the
Senate shall decide on the grounds of the applicable
criminal legislation.
To press charges for federal crimes against Governors
of the States, deputies of the States Legislatures,
Magistrates of the Superior Courts of Justice of the
States and, if applicable, against the members of
the Judicial Councils of the States, the same
procedure established in this Article shall be
followed, but in this case, the declaration stating
Title Four 265
there are grounds to proceed against the accused
shall be issued with the purpose of communicating
the decision to State Legislatures so that in exercise
of their powers, they may take any appropriate
actions.
The declarations and resolutions of the Houses of
Deputies and of the Senate are incontestable.
The effects of the declaration stating there are
grounds to proceed against the accused shall be
his removal from office while he is subject to criminal
proceedings. Should such proceedings end with
an acquittal the alleged culprit may resume the
exercise of his office. Should there be a conviction
for a crime committed while holding office, pardon
shall not be granted to the convict.
A declaration stating there are grounds to proceed
against a public officer shall not be required in civil
law actions.
Criminal penalties shall be applied in accordance
with the provisions of criminal legislation and in
the case of crimes where the perpetrator obtains
an economic gain or causes pecuniary damages or
266 Political Constitution of the United Mexican States
losses, they shall be graduated in accordance with
the gains obtained and with the requirements to
repair said damages and losses caused by his
unlawful conduct.
Economic penalties may not exceed three times
the amount of gains obtained or the damages or
losses caused.
Article 112. A declaration stating there are grounds
to proceed against a public officer shall not be
required from the House of Deputies whenever
any of the public officers referred in the first paragraph
of Article 111, should commit a crime during the
term he is not holding office.
Once a public officer has returned to perform the
duties of his office or has been appointed or elected
to hold a different office, but one of those enlisted
under Article 111, the actions taken shall be in
accordance with the provisions established in said
Article.
Article 113. The laws on administrat ive
responsibilities of public officers, shall establish
their obligations so as to safeguard the legality,
Title Four 267
honesty, loyalty, impartiality and efficiency in the
performance of their functions, employments,
offices and commissions; the applicable penalties
for actions or omissions in which said officers
should incur, as well as the procedures and the
authorities to apply such laws. Said penalties,
besides the ones set forth by the laws, shall be
suspension, removal and disqualification, as well
as pecuniary penalties, and they shall be applied
in accordance with the economic gains obtained
by the public officer liable and for the pecuniary
damages and losses caused by his actions or
omissions, as set forth under section III of Article
109, but which may not exceed of three times the
amount of the gains obtained or of the damages
and losses caused.
The State’s responsibility for damages caused to
the property or rights of private persons, by reason
of its irregular administrative activities, will be
considered direct and strict responsibility. Private
persons shall be entitled to an indemnification
according to the bases, limitations and procedures
established by the laws.
268 Political Constitution of the United Mexican States
Article 114. The impeachment procedure may only
be initiated during the term in which the public
officer holds office and within the next following
year. The corresponding penalties shall be applied
within a period no to exceed one year from the
date the procedure started.
Liability for crimes committed during the term in
office by any public officer shall be enforceable
in accordance with the terms of the statute of
limitations of criminal law, which may never be
inferior to three years. The terms of the statute of
limitations shall be interrupted while the public
officer holds any of the offices referred under
Article 111.
The Law shall set forth the cases where the statute
of limitations shall be applied to administrative
liability, taking into account the nature and
consequences of the acts and omissions established
in section III of Article 109. Whenever such acts or
omissions were of a serious nature, the term of the
statute of limitations shall not be inferior to three
years.
TITLE FIVE The States of the Federation and the Federal District
Article 115. The States shall adopt for their internal
government, the popular representative and
republican form of government, having as the basis
of their territorial division and political and
administrative organization the Free Municipality,
in accordance to the following principles:
I. Each Municipality shall be governed by a
Municipal Council whose members shall be
chosen trough direct election by the people; it
shall be composed of a Major and the number
of Councilmen and legal representatives
established by the Law. The jurisdiction that this
Constitution grants to Municipal government
shall be exercised by the Municipal Council
exclusively and there shall be no intermediate
269
270 Political Constitution of the United Mexican States
authority between the latter and the government
of the State.
Majors, legal representatives and councilmen of
Municipal Councils elected trough direct
election by the people, may not be reelected
for the next term. The individuals who by indirect
election or by appointment of a certain authority,
perform duties corresponding to said offices,
no matter how they are called, may not be elected
for the next term. All the officers previously
mentioned, if they shall be incumbents, they
cannot be elected for the next term as alternate
ones, but the individuals who have been
alternate may be elected for the next term as
incumbents unless they have exercised the
duties of the office.
State Legislatures by resolution of two thirds of
their members may suspend Municipal Councils,
declare that said councils have disappeared and
suspend or revoke the powers of any of its
members, for any of the serious causes set forth
in State law, provided that its members have
Title Five 271
had sufficient opportunity to submit evidence
and to submit the arguments they should deem
most convenient.
If any of the members should cease to carry
out his duties, he shall be replaced by his
alternate or action shall be taken in accordance
with the Law.
In the event that Municipal Council should be
declared dissolved, by cause of resignations or
by the absolute absence of the majority of its
members, if according to the Law it is not
admissible for the alternates to take office, nor to
summon to new elections, the State Legislatures
shall designate from among the residents, the
Municipal Board that shall serve until the end
of the respective terms. Such Municipal Boards
shall be constituted by the number of members
set forth by the Law and must have the
qualifications to be eligible which are set forth
for councilmen;
II. The Municipalities shall be vested with legal
capacity and shall handle their own estate as
provided by the Law.
272 Political Constitution of the United Mexican States
Municipal Councils shall have powers to approve,
according to the laws on municipal affairs which
the State Legislatures must enact, the police and
government ordinances, administrative orders
and provisions of general observance within
their respective jurisdiction, which shall organize
public municipal administration, regulate
municipal affairs, procedures, public functions
and public services under their jurisdiction and
which shall assure the participation of citizens
and residents.
The purpose of the laws referred under the
foregoing paragraph shall be to establish:
a) The general bases for Municipal public
administration and administrative procedure,
including review procedures and bodies to decide
disputes between said administration and private
persons, subject to the principles of equality,
publicity, due process and legality;
b) Cases requiring agreement of two thirds of
Municipal Council members, in order to issue
resolutions affecting Municipal real estate
Title Five 273
property and to execute acts or agreements
which are binding for the Municipality for a larger
term than the term of Municipal Council;
c) General provisions to execute the agreements
set forth under sections III and IV of this Article
as well as in the second paragraph of section
VII of Article 116 of this Constitution;
d) The procedure and conditions for the State
government to take upon itself a duty or service
that is attributed to the Municipal Council when,
not having the corresponding agreement, the
State Legislature should consider that it is not
possible for the Municipality to perform them
or provide them. In this case, it shall be necessary
a previous request from the respective Municipal
Council, approved by at least two thirds of its
members; and
e) Applicable provisions in those Municipalities
which do not have the corresponding government
ordinances or regulations.
State Legislatures shall issue the provisions
establishing the proceedings to solve the
274 Political Constitution of the United Mexican States
conflicts arising between the Municipalities and
the State government or between Municipalities
themselves, by cause of actions resulting from
the premises under subsections c) and d)
hereinbefore;
III. The Municipalities shall be in charge of the
following duties and public services:
a) Drinking water, drainage, sewage, treatment
and disposal of waste water;
b) Street lightning;
c) Cleaning, collection, transfer, treatment and
final disposal of solid waste;
d) Markets and supply centers;
e) Cemeteries;
f) Slaughterhouses;
g) Streets, parks and gardens and their furnishings;
h) Public security, in the terms set forth by Article
21 of this Constitution, Municipal and traffic police;
and
Title Five 275
i) Any other that State Legislatures shall establish
in accordance with the social, economic and
territorial conditions of the Municipalities, as
well as with their administrative and financial
capacity.
Regardless of their constitutional jurisdiction, in
the discharge of their duties or the provision of
the services entrusted to them, the Municipalities
shall abide by the provisions of Federal and
State laws.
The Municipalities, upon previous agreement,
between their Municipal Councils, may coordinate
among themselves and associate in order to
provide more efficient public services or to
perform their corresponding duties in a better
manner. In this case and in the event of an
association of Municipalities from two or more
States, such Municipalities must have the
approval of their respective States Legislatures.
Likewise, when the respective Municipal Council
should consider it necessary, it may execute
agreements with the State so that the latter, in a
276 Political Constitution of the United Mexican States
direct manner or through the corresponding
body, shall take care in a temporary manner, of
some of the aforementioned duties and public
services, or so that they may be provided or
performed in a coordinated manner by the State
and the Municipality itself;
Indigenous communities within the Municipal
scope may coordinate and establish associations
under the terms and for the purposes set forth
by the Law.
IV. Municipalities shall freely administer their
treasuries, which shall be composed with the
revenues of the estates that they own, as well
as with such taxes and government charges and
any other income that the Legislatures should
establish to their benefit and in any case:
a) They shall receive such taxes and duties,
including additional rates, which the State shall
establish on real estate property, on its division,
consolidation, transfer and improvement, as well
as any others that result from a change in the
value of real estate property.
Title Five 277
Municipalities may celebrate agreements with
the State so that the latter may perform certain
functions related with the management of such
taxes and government charges.
b) The Federal grants which shall be covered
to Municipalities by the Federation, in accordance
with the bases, amounts, and terms which are
annually established by the States Legislatures.
c) Income from public services in charge of the
Municipality.
Federal laws shall not restrict the powers of the
States to establish those taxes and government
charges provided under subsections a) and c),
nor shall they grant exemptions in relation to
thereof. State laws shall not establish exemptions
or subsidies in favor of any person or institution
in respect to said taxes and government charges.
Only the property of the Federation, the States
or the Municipalities considered as public domain,
shall be exempt, unless they are used by
decentralized agencies or Government controlled
corporations or by private persons under any
278 Political Constitution of the United Mexican States
title, for administrative purposes or for purposes
different than their public object.
The Municipalities, within the scope of their
jurisdiction, shall propose to the State Legislatures
the quotas and rates applicable to taxes, duties,
public works taxes, and cadastral catalogue of
land and constructions values, used as the basis
for taxes and government charges on real estate
property.
The State Legislatures shall approve the
Municipalities’ income laws, check and audit
their public accounts. The expenditure budgets
shall be approved by the Municipal Councils,
having as a base the available income. The
expenditure budgets shall include each of the
tabulators of the remunerations proposed for
the Municipal public officers, being subjected
to that which article 27 of this Constitution
establishes.
The resources constituting the Municipal
treasury shall be applied by Municipal Councils
or by whoever they shall authorize, in accordance
with the Law.
Title Five 279
V. Municipalities, under the terms provided by
their respective Federal and States laws, shall
have the powers to:
a) Prepare, approve and administer the urban
municipal development plan and municipal
zoning;
b) To participate in the creation and management
of their territorial reserves;
c) To participate in the creation of regional
development plans which must be in accordance
with the general plans on the subject matter.
Whenever the Federation or the States should
make regional development projects they must
assure the Municipalities’ participation;
d) To authorize, control and supervise the
régime applicable to the use of land, within the
scope of its jurisdictions and within its territory;
e) To intervene in the legalization of urban land
tenure;
f) To grant construction permits and licenses;
280 Political Constitution of the United Mexican States
g) To participate in the creation and management
of natural preserve areas, and to prepare and
apply programs to regulate and organize these
issues;
h) To intervene in the preparation and application
of programs for public transportation of
passengers when these affect the scope of their
territory; and
i) To enter into agreements to administrate and
guard federal zones.
In all applicable matters and in accordance with
the purposes set forth in paragraph third of
Article 27 of this Constitution, they shall issue
any necessary regulations and administrative
provisions.
VI. Whenever two or more urban centers located
in the Municipal territories from two or more
States, should constitute or tend to constitute a
demographic continuity, the Federation, the
respective States and the Municipalities, within
the scope of their respective jurisdictions, shall
Title Five 281
plan and regulate in a joint and coordinated
manner, the development of said centers in
accordance with provisions of the Federal law
on the subject matter.
VII. Preventive police shall be commanded by
the Town Hall according to the local Law of
Public Safety. Said police shall obey any order
given by the Governor in case of force majeure
or serious public disturbances.
The President of the Republic shall have command
of public forces in the places where he resides
regularly or temporarily;
VIII. State laws shall introduce the principle of
proportional representation in the election of the
Municipal Councils of all the Municipalities.
Labor relationships between the Municipalities
and their workers, shall be governed by the laws
issued by the State Legislatures on the grounds
of the provis ions of Art ic le 123 of this
Constitution and its regulatory provisions;
282 Political Constitution of the United Mexican States
IX. (Repealed).
X. (Repealed).
Article 116. The States’ government Power is
divided for its exercise into Executive, Legislative
and Judicial. Two or more of these Powers may not
be united in one single person or corporation, nor
shall the Legislative Branch be vested in one single
individual.
The Branches of the States shall be organized in
accordance with the Constitution of each of them,
subject to the following provisions:
I. State Governors may not remain in office for
more than six years.
The election of State Governors and of the
members of State Legislatures shall be direct and
subject to the terms provided by their respective
electoral laws.
State Governors, who have been chosen by
regular or extraordinary election by the people,
may never in any case, hold said office again
Title Five 283
not even as interims, provisional, alternates or
acting governors.
The following persons may never be elected
for the subsequent term:
a) The Alternate Constitutional Governor, or the
person appointed to conclude the term in the case
of absolute absence of the Constitutional
Governor, even if the title of office has a different
name;
b) The Interim Governor, the Provisional Governor
or the citizen, who under any denomination,
should fill the temporary absences of the
Governor, if he has discharged the duties of
Governor during the last two years of the term.
Only a Mexican citizen by birth and native of the
respective State, or a person who has effectively
resided in such State for no less than five years
immediately before the day of the election, and
to be at least 30 years old at that time, if such
requirement is set forth by the Constitution of the
respective State, may be Constitutional Governor.
284 Political Constitution of the United Mexican States
II. The number of representatives of the States
Legislatures shall be proportional to the number
of residents of each State. In any case, there may
not be less than seven deputies in States whose
population is less than 400,000 inhabitants; nine
in States whose population exceeds this number
but has not reached 800,000 inhabitants; and
eleven in States whose population exceeds
800,000.
Deputies to State Legislatures may not be reelected
for the subsequent term. Alternates may be
elected as incumbents for the subsequent term,
provided they have not held office, but
incumbents may not be elected as alternates for
the subsequent term.
State Legislatures shall be composed by deputies
elected according to the principles of relative
majority and proportional representation, subject
to the terms provided by their laws.
The annual budget approval corresponds to the
State legislatures. The establishment of the
remunerations to be perceived by public officers
Title Five 285
shall be subjected to the bases established in
article 127 of this Constitution.
The Legislative, Executive and Judicial Branches,
as well as organisms with a constitutionally
recognized autonomy that use resources from
the Expenditures Budget, shall include in their
budget projects each of the tabulators of the
remunerations proposed for their public officers.
These proposals shall observe the procedure
that has been established for the budget approval
in section IV of article 74 of this Constitution
and other applicable laws.
The Congresses of the States shall have Supervising
Entities which shall have technical and operative
autonomy to exercise their powers and to decide
about their internal organization, functioning
and resolutions, as provided by their Laws. The
supervising function shall be developed according
to the principles of posteriority, annuity, legality,
impartiality and reliability.
The Head of the Supervising Entity of the States
shall be elected by two thirds of the individuals
286 Political Constitution of the United Mexican States
present in the local Congresses, to serve no less
than seven years, and he should have five years
experience in matters of control, financial auditing
and liabilities.
III. The Judicial Branch of the States shall be
exercised by the Courts established in their
respective Constitutions.
The independence of Magistrates and Judges in
the performance of their duties must be assured
by the Constitutions and the Organic Laws of
the States, which shall establish the qualifications
for admission, training and permanence of the
individuals serving in the State Judicial Branches.
Magistrates composing the State Judicial Branches
must comply with the qualifications set forth by
sections I to V of Article 95 of this Constitution.
Individuals who have held the office of Secretary
or its equivalent, Attorney General or deputy to
the State Legislature in their respective States
during the year immediately previous to the date
of the appointment, may not hold the office of
Magistrate.
Title Five 287
The appointments of Magistrates and Judges
composing the State Judicial Branches shall
preferably fall on those individuals who have
served efficiently and honestly in the judiciary
or upon those who deserve it for their honorability,
competence and background in other branches
of the legal profession.
Magistrates shall hold their office for the term
set forth in the State Constitutions. They may
be reelected and in such event, they may only be
removed from office in accordance with the
terms set forth by the Constitutions and laws of
liabilities of public officers of the States.
Magistrates and Judges shall receive an adequate
and non waivable remuneration which may not
be reduced during their term in office.
IV. In electoral affairs the Constitutions and the
laws of the States shall guarantee that:
a) The elections for State Governors, for members
of State Legislatures and for members of Municipal
Councils shall take place by free, secret and
288 Political Constitution of the United Mexican States
direct elections; the election day shall take place
on the first Sunday of July of the correspondent
year. The States whose elections are celebrated
on the year of the federal elections and do not
coincide on the same date of the federal election,
shall not be obligated by the latter disposition;
b) Electoral officers shall carry out their duties
in accordance with the principles of legality,
impart ia l i ty , object iv i ty , cer ta inty and
independence;
c) The authorities in charge of organizing elections
and judicial authorities deciding the disputes
thereof shall enjoy autonomy in the exercise
of their functions and independence in their
decisions;
d) The competent electoral authorities of
administrative type can agree with the Federal
Electoral Institute so that this entity organizes
the local electoral processes;
e) The political parties can only be composed
by citizens without the intervention of guild
Title Five 289
organizations, or with a different corporate
purpose and without a corporative affiliation.
Also that they have the exclusive right to request
the registry of candidates to popular election
offices, with the exception of the prevision of
Article 2, paragraph A, sections III and VII of this
Constitution.
f) The electoral authorities can only intervene
in the internal affaires of the parties in the terms
expressly pointed out by them;
g) The parties receive equitably public funds
for their permanent ordinary activities and those
necessary to obtain the public vote during the
elections. And to establish the procedure to
terminate the parties who loose their registration
and the destination of their assets and remnants.
h) The establishment of criteria to determine
the limitations to political parties’ campaign
expenditures for elections, as well as the maximum
amounts allowed for monetary contributions
from their sympathizers, whose total sum shall
290 Political Constitution of the United Mexican States
not exceed the ten per cent of the maximum
campaign expenditures determined for the election
of Governors; the procedures to control and
supervise the origin and use of political parties’
resources; and to see that penalties are established
for failure to comply with the provisions issued
in reference to this matter;
i) The political parties have access to radio and
television, according to the rules established by
Article 41, paragraph B, Third Basis of this
Constitution.
j) To set regulations for the electoral campaigns
and pre-campaigns of the political parties, as
well as the penalties for those who violate them.
In any case, the campaigns shall last no longer
than ninety days for the election of Governor,
nor sixty days when only local deputies and
municipal governments are elected; pre-campaigns
shall not last more then two thirds of the respective
electoral campaigns.
k) Mandatory basis for the coordination between
the Federal Electoral Institute and the local
Title Five 291
electoral authorities on supervising the political
parties’ finances are set according to the last
two sections of Article 41, Fifth Basis of this
Constitution.
l) An impugnation system is established so that
all electoral acts and resolutions are invariably
subjected to the principle of legality. Also to
specify the assumptions and regulations to carry
out total or partial recounts of the voting on
the administrative and jurisdictional scopes;
m) That causes of nullity for the election of
Governor, local Deputies and Municipal
Governments be established, as well as the terms
to accomplish every impugning instance, taking
into account the principle of definitiveness of
the different stages of the electoral processes, and
n) That crimes are categorized and misdemeanors
determined in electoral matter, as well as the
penalties to be imposed because of them.
V. The State Constitutions and laws may institute
administrative courts, vesting them with full
292 Political Constitution of the United Mexican States
autonomy to issue their judgments. These courts
shall be in charge of deciding the disputes between
State Administration and private persons,
establishing the provisions for their organization
and operation, the proceedings as well as the
remedies against their resolutions.
VI. Labor relationships between the States and
their workers shall be governed by the laws
enacted by State Legislatures under the grounds
of Article 123 of the Political Constitution of
the United Mexican States and its regulatory
provisions.
VII. The Federation and the States, subject to
the Law, may celebrate agreements where a State
takes upon itself the exercise of certain functions
of the Federation, such as the undertaking and
performance of works and the rendering of public
services, whenever social and economic
development so require it.1
The text of the constitution in this section is not clear. Consequently its translation is not literal. It attempts to represent the purpose and meaning of said provision.
1
Title Five 293
The States shall be empowered to celebrate said
agreements with their Municipalities so that the
latter may assume the provision of public services
or the exercise of the functions referred under
the preceding paragraph.
Article 117. In no case shall the States:
I. Celebrate alliances, treaties or coalitions with
any other States or with foreign powers;
II. (Repealed).
III. Coin money, issue paper money, stamps or
stamped paper.
IV. Levy duties on persons or goods passing
through their territory.
V. Prohibit or directly or indirectly levy duties
upon the entrance or exit into or from their
territory of any domestic or foreign goods.
VI. Tax the consumption or circulation of
domestic or foreign goods, by imposing taxes
or duties, to be collected by local customhouses
or subject to inspection or registration of said
294 Political Constitution of the United Mexican States
merchandise or require it to be accompanied
by documents.
VII. Enact or maintain in force tax provisions
or laws which impose different duties or
requirements between merchandise, foreign
or domestic, by reason of their origin, whether
this difference is established in respect to similar
local products or between similar products of
different origin.
VIII. To directly or indirectly contract liabilities
or loans with governments of other nations or
with foreign corporations or private persons
or whenever the payments thereof must be made
in foreign currency or outside national land
territory.
States and Municipalities may not contract neither
liabilities nor loans, except when these are
intended for productive public investments. This
provision also applies to the loans and liabilities
contracted by decentral ized agencies or
government controlled corporations. All such
loans and liabilities agreements must abide by
Title Five 295
the bases established by the Legislatures through
laws, for the items and only up to the amounts
annually set forth in their respective budgets.
Governors shall report on the exercise of such
loans when submitting the public account.
IX. To levy duties on the production, storage,
or sale of tobacco leaves, in a different manner
or with greater quotas than those authorized
by the Congress of the Union.
The Congress of the Union and State Legislatures
shall enact laws intended to combat alcoholism.
Article 118. Nor shall the States without the
consent of the Congress of the Union:
I. Establish tonnage dues or any other port
charges or levy duties or taxes on imports or
exports.
II. Have, at any time, permanent troops or
warships.
III. Make war on its own behalf against any foreign
power, except in cases of invasion and of danger
so imminent that it requires immediate action.
296 Political Constitution of the United Mexican States
In such cases, notice shall immediately be given
to the President of the Republic.
Article 119. The Powers of the Union have the
duty to protect the States against any invasion or
violence from abroad. In case of domestic upheaval
or disturbances, they shall provide the same
protection, provided it is solicited by the State
Legislature or by the Governor thereof, should
the Legislature not be in session.
Each State and the Federal District have the duty
to deliver without delay the suspects, defendants
or convicted individuals in criminal procedures, as
well as to carry out seizures and to deliver any
objects, instruments or product of a crime, assisting
the authorities of any other State which should
require it. These procedures shall be carried out
with the intervention of the respective offices of
the Attorneys Generals of the States, in accordance
with the terms provided by the cooperation
agreements celebrated between the States to that
end. For those same purposes, the States and the
Federal District may celebrate cooperation agreements
Title Five 297
with the Federal Government, who shall act through
the Office of the Attorney General of the Republic.
Extraditions requested by a foreign State shall be
processed by the President of the Republic, with
the intervention of judicial authorities as provided
in this Constitution, in international treaties celebrated
theretofore and in Laws. In such cases, the ruling
of the judge ordering to comply with the request
shall be sufficient cause to detain the individual
for up to sixty calendar days.
Article 120. State Governors are required to publish
and enforce federal laws.
Article 121. Complete faith and credit shall be given
in each State to the public acts, records and judicial
proceedings of all the other States. The Congress
of the Union, through general laws, shall establish
the manner for proving such acts, records and
proceedings and their effect, subject to the
following bases:
I. The laws of a State shall have effect only within
its own territory and consequently are not binding
outside of that State;
298 Political Constitution of the United Mexican States
II. Real and personal property shall be governed
by the laws of the place of their location;
III. Judgments pronounced by the Courts of one
State in respect to rights in rem or real estate
property located in another State, may only be
enforced in the other State when its own laws
so provide it.
Judgments in respect to rights in personam shall
only be enforced in another State when the
defendant who has lost has explicitly or by
reason of domicile, submitted himself to the
jurisdiction of the courts that issued such judgment
and provided that he was summoned to appear
in court by notice served in person;
IV. Acts pertaining to marital status according to
the laws of one State shall be valid in the other
States;
V. Professional degree certificates issued by the
authorities of one State, subject to its laws, shall
be respected in all other States.
Article 122. Article 44 of this Constitution has
established the legal nature of the Federal District;
Title Five 299
whose government is entrusted to Federal Powers,
and to the Executive, Legislative and Judicial Local
organs, according to the terms set forth by this
Article.
The local authorities of the Federal District are:
the Assembly, the Head of Government and the
Superior Court of Justice of the Federal District.
The Assembly of the Federal District shall be
composed with the number of deputies elected
according to the principles of relative majority and
proportional representation, through the system of
lists of multi-member election districts, in accordance
with the terms provided by this Constitution and
the Statute of Government.
The Head of Government of the Federal District
shall be in charge of the Executive function and the
public administration of the Federal District. This
office shall be entrusted to one single individual
elected by general, free, direct and secret vote.
The Superior Court of Justice of the Federal District
and the Judicial Council, along with the other bodies
300 Political Constitution of the United Mexican States
established by the Statute of Government shall
perform the judicial function for the Federal District’s
ordinary jurisdiction.
The distribution of jurisdictions between the Powers
of the Union and the local authorities of the Federal
District shall be subject to the following provisions:
A. It pertains to the Congress of the Union:
I. To legislate in all subject matters relative to the
Federal District, except for those matters explicitly
conferred to the Assembly of the Federal District;
II. To enact the Statute of Government of the
Federal District;
III. To legislate in matters of public debt of the
Federal District;
IV. To issue general legal provisions to ensure
an appropriate, opportune and efficient operation
of the Powers of the Union; and
V. Any other powers vested upon it by this
Constitution.
Title Five 301
B. It pertains to the President of the United
Mexican States:
I. To initiate laws in the Congress of the Union
in all subject matters related to the Federal District;
II. To propose to the Senate the individual who
must substitute the Head of Government of the
Federal District in the event of his removal;
III. To send annually to the Congress of the Union,
the proposal of the amounts of indebtedness
necessary to finance the expenditure budget of
the Federal District. For that purpose, the Chief
of Government of the Federal District shall
submit to the President of the Republic the
corresponding proposal in accordance with the
terms provided by the Law;
IV. To enforce the laws enacted by the Congress
of the Union in respect to the Federal District,
providing the means required within his
administrative jurisdiction, for their faithful
execution; and
302 Political Constitution of the United Mexican States
V. Any other powers vested upon on him by
this Constitution, by the Statute of Government
of the Federal District and by the laws.
C. The Statute of Government of the Federal District
shall be subject to the following bases:
FIRST BASIS. With respect to the Assembly of
the Federal District:
I. Deputies to the Assembly shall be elected
every three years by general, free, direct and secret
vote, in accordance with the terms provided by
the Law, which must take into account, for the
organization of elections, the issuance of
certificates of election and review procedures
on the matter, the provisions of Articles 41, 60
and 99 of this Constitution;
II. The qualifications required to be a deputy
to the Assembly of the Federal District shall not
be less than the ones required to be a deputy
to the Congress of the Union. The provisions
under Articles 51, 59, 61, 62, 64 and 77, section
IV of this Constitution shall apply to the Assembly
Title Five 303
of the Federal District and to its members, in all
compatible issues;
III. The political party which has attained for
itself the largest number of certificates of election
by relative majority and at least a thirty per cent
of the votes in the Federal District, shall be
apportioned a sufficient number of deputies by
proportional representation in order to attain
an absolute majority in the Assembly;
IV. The Statute shall establish the dates to hold
two regular periods of sessions per year and
the composition and powers of the internal
government body which shall act during its
adjournments. The power to issue summons to
extraordinary sessions shall be vested on the
aforesaid internal government body, upon
request by the majority of its members or by
the Head of Government of the Federal District;
V. The Assembly of the Federal District, in
accordance with the terms of the Statute of
Government shall have the following powers:
304 Political Constitution of the United Mexican States
a) To enact its organic law, this shall be passed
to the Head of Government of the Federal District
just for the purpose of ordering its publication;
b) Annually examine, discuss, and approve the
expenditure budget and income law of the Federal
District, approving first the taxes necessary to
cover the expenditures. The establishment of
the remunerations to be perceived by public
officers shall be subjected to the bases established
in article 127 of this Constitution.
The Legislative, Executive, and Judicial organs
of the Federal District, as well as the organisms
with an autonomy recognized by the Federal
District’s Statute of Government, shall include
in their budget projects each of the tabulators
of the remunerations proposed for their public
officers. These proposals shall observe the
procedure that has been established for the Federal
District’s budget approval in the Statute of
Government and applicable dispositions.
Amounts of indebtedness exceeding the ones
previously authorized by the Congress of the
Title Five 305
Union to finance the expenditure budget of
the Federal District may not be added to the
income law.
The power to initiate laws, in regards to the
income law and the expenditure budget
corresponds exclusively to the Head of
Government of the Federal District. The term
to submit them ends on November 30th, with
the exception of the years when the regular
election of the Head of Government of the
Federal District takes place, in which case the
end term shall be on December 20th.
The Assembly of the Federal District shall prepare
annually its expenditure budget draft and shall
opportunely send it to the Head of Government
of the Federal District so that the latter may
include it in his bill.
The provisions under paragraph second of
subsection c) in section IV of Article 115 of this
Constitution, shall apply to the Treasury of the
Federal District in all matters consistent with its
nature and organic government system.
306 Political Constitution of the United Mexican States
c) To revise the General Public Account of the
previous year through the Assembly’s Supervising
Entity of the Federal District, according to the
criteria set forth by Article 74, section VI, where
applicable.
The public accounts of the previous year must
be sent to the Assembly within the first ten days
of the month of June. This term as well as the
terms established to submit the income law bill
and the expenditure budget draft, may only
be extended upon request by the Head of
Government of the Federal District, which
request must be sufficiently justified at the
judgment of the Assembly;
The Head of the Supervising Entity of the Federal
District shall be elected by two thirds of the
individuals of the Assembly for a term of no
less than seven years and he should have five
year experience in matters of control, auditing
and liabilities;
d) To appoint the individual who shall substitute
the Head of Government of the Federal District
in case of absolute absence of the latter;
Title Five 307
e) To issue the legal provisions required to
organize the public treasury, the Superior
Supervising Entity and the budget, book
keeping and public expenditure of the Federal
District, and the Supervising Entity invested with
technical and operative autonomy to exercise its
attributions, and to decide about its internal
organization, functioning and resolutions.
Supervis ing funct ion shal l be exercised
according to the principles of posteriority,
annuity, legality, impartiality and reliability;
f) To enact the provisions required to regulate
local elections in the Federal District, subject to
the principles established in the Statute of
Government, which must take into account the
principles set forth under subsection b) to i) of
section IV of Article 116 of this Constitution, to
which the references of subsections j) and m)
to Governor, local deputies and Municipal
Governments shall be assumed, respectively, for
Head of Government, deputies of the Assembly
and Chiefs of Delegations.
308 Political Constitution of the United Mexican States
g) To legislate in matters of local public
adminis t ra t ion, i ts internal régime and
administrative procedures;
h) To legislate in civil and criminal matters; to
regulate the organism for the protection of
human rights, citizen participation, office of the
public defender, public notaries and the public
registry of property and commerce;
i) To regulate civil protection; police and
government infractions; security services
provided by private corporations; crime
prevention and inmates’ social readjustment;
health and public assistance; and social welfare;
j) To legislate in matters of planning for
development; urban development, particularly
the uses of the land; environmental preservation
and ecological protection; housing, constructions
and buildings; public roads and crossways,
traffic and parking lots, public works and
acquisitions; and the exploitation and use of
property under the domain of the Federal District;
Title Five 309
k) To regulate the provision and concession of
public services; to legislate on urban transportation
services, cleaning services, tourism and lodging
services, markets, slaughterhouses, supply
centers, and cemeteries;
l) To issue provisions in regards to economic
promotion and employment protect ion;
development of agriculture and cattle breeding;
business and commercial establishments; animal
protection; show business; promotion of civic
culture and sports; and education as social duty,
under the terms provided by section VIII of
Article 3 of this Constitution;
m) To enact the organic law of the courts in
charge of the judicial function on matters under
the ordinary jurisdiction of the Federal District,
this shall include the issues relative to liabilities
of the public officers of said bodies;
n) To enact the organic law of the Administrative
Court of the Federal District;
310 Political Constitution of the United Mexican States
ñ) To submit law initiatives or decree drafts in
matters related to the Federal District, before
the Congress of the Union; and
o) Any others explicitly vested upon it by this
Constitution.
SECOND BASIS. With respect to the Head of
Government of the Federal District:
I. He shall hold office for a term of six years
form December 5th of the year of the election,
which shall take place in accordance with the
provisions set forth in the electoral legislation.
The Head of Government of the Federal District
must have the qualifications established by the
Statute of Government, among which it must
require: to be a Mexican citizen by birth, with
legal capacity to exercise his rights; to have
resided in the Federal District for the three years
previous to the date of the election, if he were
a native thereof, or having been born in another
State, to have resided in the Federal District for
five uninterrupted years previous to the date of
Title Five 311
the election; to be at least thirty years of age
on the day of the election, and not to have held
previously the office of Head of Government of
the Federal District, under any title. Residency
shall not be interrupted for holding public
offices of the Federation in any other jurisdiction.
In the event of removal of the Head of
Government of the Federal District, the Senate
shall appoint, upon proposal by the President
of the Republic, an alternate to conclude the
term in office. In case of a temporary absence,
the office shall be entrusted to the public officer
designated in the Statute of Government. In case
of absolute absence, by cause of resignation or
by any other cause, the Assembly of the Federal
District shall appoint an alternate to finish the
term in office. The resignation of the Head of
Government of the Federal District shall only
be accepted for serious causes. Leaves of absence
from office shall be regulated in the aforesaid
Statute.
II. The Head of Government of the Federal District
shall have the following powers and duties:
312 Political Constitution of the United Mexican States
a) To comply with and to enforce the laws in
relation to the Federal District enacted by the
Congress of the Union within the scope of
the jurisdiction of the Executive organ under
his command or under its agencies;
b) To promulgate, publish and enforce the laws
enacted by the Assembly of the Federal District,
providing the means required within his
administrative jurisdiction, for their faithful
execution, issuing the necessary regulations,
decrees and executive orders. He may make
observations to the bills of laws passed to him
by the Assembly for promulgation, within a term
not to exceed ten business days. Should the
project with observations be confirmed by a
qualified majority of two thirds of the deputies
present, it must be promulgated by the Head of
Government of the Federal District;
c) To submit law initiatives or decree drafts
before the Assembly of the Federal District;
d) To appoint and remove at his sole discretion
any of the public officers subordinated to the
Title Five 313
local executive organ under his command,
whose appointment or removal were not
otherwise established in this Constitution or the
corresponding laws;
e) To exercise the duties and powers pertaining
to the directorship of public security services
in accordance with the Statute of Government;
and
f) Any other powers vested upon him by this
Constitution, the Statute of Government and the
laws.
THIRD BASIS. In respect to the organization of
local public administration in the Federal District:
I. To determine the general guidelines to
distribute the duties and powers between central,
desconcentrados2 and decentralized government
bodies;
Desconcentrado bodies are those that do not have a separate personality from the centralized administration.
2
314 Political Constitution of the United Mexican States
II. To establish the political administrative bodies
in each circumscription into which the territory
of the Federal District is divided;
To establish criteria to carry out the territorial
division of the Federal District, to distribute
the jurisdiction of corresponding political
administrative bodies, the manner to constitute
them, their operation, as well as the relationship
of said bodies with the Head of Government of
the Federal District.
The incumbents of the political administrative
bodies of territorial circumscriptions shall be
elected in a general, free, secret and direct manner
as provided by the Law.
FOURTH BASIS. In respect to the Superior Court
of Justice and the other judicial bodies in charge
of the ordinary jurisdiction:
I. To be a Magistrate of the Superior Court, it is
required to have the same qualifications which
this Constitution establishes for the Justices of
the Nation’s Supreme Court of Justice; the
candidate is also required to have distinguished
himself in the exercise of the legal profession
Title Five 315
or in the judicial branch, preferably in the Federal
District. The Superior Court of Justice shall be
composed with the number of Magistrates set
forth in the respective organic law;
To fill the vacancies of Magistrates of the
Superior Court of Justice, the Chief of Government
of the Federal District shall submit a proposal
to the Assembly of the Federal District. The
Magistrates shall hold their office for a term of
six years and may be confirmed by the Assembly;
and should they be ratified in their offices, they
may only be removed therefrom in accordance
with the terms of Title Fourth of this Constitution;
II. The administration, supervision and discipline
of the Superior Court of Justice, of the trial courts
and any other judicial bodies, shall be in charge
of the Council of the Judiciary of the Federal
District. Such Council shall have seven members,
of whom one shall be the President of the
Superior Court of Justice and who shall also
preside the Council. The remaining members shall
be one Magistrate and two judges chosen by
majority of votes from the two thirds of all the
316 Political Constitution of the United Mexican States
Court’s Magistrates; one member appointed by
the Chief of Government of the Federal District
and the other two appointed by the Assembly
of the Federal District. All the Councilors shall
have the qualifications required to be a Magistrate
and shall be people renowned by their
professional and administrative capacities, as well
as their honesty and integrity. The Councilors
chosen by the Magistrates shall also need
recognition of their professional merits in the
judicial branch. They shall hold their office for
a term of five years, be substituted in a subsequent
manner and may not be appointed for another term.
The Council shall appoint the Judges of the
Federal District under the terms established to
regulate the judicial career. It shall also
determine the number and specialization of the
Court’s chambers and courthouses of the Federal
District’s judiciary, under the terms issued by
the Council itself.
III. The powers and duties and the operating
standards of the Judicial Council shall be
established taking into account the provisions
set forth by Article 100 of this Constitution;
Title Five 317
IV. The establishment of the criteria in accordance
to which the organic law shall determine the
standards to train new members of the judiciary
and provide them with continuing education,
as well as for the development of the judicial
career;
V. The disqualifications and penalties set forth
in Article 101 of this Constitution shall be
applicable to the members of the Council of the
Judiciary, as well as to Magistrates and Judges;
VI. The Judicial Council shall prepare the budget
for the Courts of Justice in the Federal District
and shall send it to the Head of Government of
the Federal District to be included in the
expenditure budget draft, which shall be
submitted for approval to the Assembly of the
Federal District.
FIFTH BASIS. There shall be an Administrative
Court which shall have full autonomy to decide
the disputes between private persons and the
authorities of the Federal District’s local public
administration.
318 Political Constitution of the United Mexican States
The standards to create it and the powers and
duties thereof shall be established and developed
in its organic law.
D. The Office of the Public Prosecutor of the Federal
District shall be presided by a Attorney General
who shall be appointed in accordance with the
terms established by the Statute of Government.
Said Statute and the respective organic law shall
set forth its organization, jurisdiction and
operating standards.
E. The provisions set forth under section VII of
Article 115 of this Constitution shall apply to the
President of the United Mexican States with
respect to the Federal District. The appointment
and removal of the public officer in charge of
direct command over the police force shall be
made in the terms set forth in the Statute of
Government.
F. The Senate or in the adjournments thereof, the
Permanent Commission may remove the Head
of Government of the Federal District by serious
causes affecting the relationships with the
Title Five 319
Powers of the Union or public order in the
Federal District. The request for removal must
be submitted by half of the members of the
Senate or of the Permanent Commission, if
applicable.
G. In order to attain an efficient coordination among
the diverse local and municipal jurisdictions and
between these and the Federation and the
Federal District in respect to planning and
carrying out actions in development zones
bordering with the Federal District, in accordance
with Article 115, section VI of this Constitution,
in matters of human settlements; environmental
protection; preservation and restoration of
ecologic balance; transportation, drinking water
and sewage; collection, treatment and disposal
of solid wastes and public security, their
respective governments may celebrate agreements
to create metropolitan commissions where they
may concur and participate subject to their laws.
The commissions shall be created by mutual
agreement of the participants. The instrument
creating them, shall establish the manner to
constitute them, their structure and functions.
320 Political Constitution of the United Mexican States
Through the commissions, it shall be established:
a) The bases to celebrate agreements within the
commissions, to establish accordingly, the
jurisdictions over the territory and the duties and
powers in respect to performance and operation
of public works, the rendering of public services,
and the actions to take in the matters set forth
in the first paragraph of this subsection;
b) The bases to establish, in a coordinated manner
by the parties composing the commissions,
specific functions in the matters referred, as well
as for the joint contribution of such material,
human and financial resources necessary for
their operation; and
c) Any other rules to regulate jointly and in a
coordinated manner for the development of
zones bordering with the Federal District, the
provision of services, and the performance of
act ions agreed by the members of the
commissions.
H. The prohibitions and restrictions established by
this Constitution for the States shall be applied
also to the authorities of the Federal District.
TITLE SIX Labor and social welfare
Article 123. Every person has the right to have a
dignified and socially useful job; to that end the
creation of jobs and the organization of society for
work shall be encouraged, in accordance with the
Law.
The Congress of the Union, without contravening
the following bases, will enact labor laws which shall
govern:
A. Between workers, laborers, domestic employees,
craftsmen and in general, in every labor contract:
I. The maximum working shift shall be eight hours;
II. The maximum working shift on night shall
be seven hours. Unhealthy and hazardous work,
321
322 Political Constitution of the United Mexican States
nightshifts in industrial enterprises and any other
work after ten o’clock at night, are prohibited
for minors under sixteen years old;
III. It is forbidden to use the labor of minors
under fourteen years of age. Minors over
fourteen and under sixteen years old shall have
a maximum working shift of six hours;
IV. For every six days of work the worker is
entitled to at least, one day of rest;
V. Pregnant women shall not perform jobs which
demand considerable effort and endanger their
health in respect to their pregnancy. They shall
have a mandatory paid time off of six week before
the date approximately set for the delivery of
their child, and for another six week term
thereafter, during which they must be paid their
salary in full and shall keep their job and the
rights acquired there from. During their nursing
period they shall have two additional rest periods
per day, of half an hour each, to feed their
children;
Title Six 323
VI. The minimum wages that workers will enjoy
shall be general or occupational. General wages
shal l govern in f ixed geographic areas;
occupational wages apply to particular sectors
of an industry or commercial activity, or to
certain occupations, trades or specialized work.
General minimum wages must be sufficient to
satisfy the normal material, social and cultural
needs of the head of a household, and to provide
for the mandatory education of his children.
Occupational minimum wages shall be established
considering, in addition, the conditions of the
different economic activities.
Minimum wages shall be set by a National
Commission constituted by representatives of
workers, employers and government, which may
be assisted by those special advisory committees
it should deem necessary for the better
performance of its duties;
VII. The same salary shall be paid for the same
work, regardless of sex or nationality;
324 Political Constitution of the United Mexican States
VIII. Minimum wages shall be exempted from
attachments, set-off or discount;
IX. Workers are entitled to participate in the
profits of businesses,1 subject to the following
provisions:
a) A National Commission constituted with
representatives of workers, employers and the
Government shall establish the percentage of
profits which must be distributed among the
workers;
b) The National Commission shall carry out any
necessary and appropriate research and studies
to know the general conditions of the country’s
economy. It shall likewise consider the need to
promote the country’s industrial development,
the reasonable returns that capital must earn
and necessary capital reinvestments;
The Spanish text refers to businesses in plural (empresas), but it refers only to the company where the employee works. Business means employment, occupation, profession or commercial activities engaged in for gain or livelihood. (Campbell Black, Henry, op. cit., Note 1, p. 136.)
1
Title Six 325
c) Said Commission may review the percentage
set should any new research and studies justify it;
d) The Law may exempt newly created companies
from the duty of profit sharing during a certain
and limited number of years, and may also
exempt works of exploration and other activities
whenever their nature and particular conditions
justify it;
e) The basis to determine the amount of each
company’s profits will be the taxable income in
accordance with the provisions of Income Tax
Law. Workers may file before the corresponding
office of the Secretariat of Finance and Public
Credit,2 any objections they should deem
convenient, subject to the procedure established
by the Law;
f) Workers’ right to profit sharing does not imply
the power to intervene in the management or
direction of the business.
See Note 2 of Title Three.2
326 Political Constitution of the United Mexican States
X. Wages must be paid precisely in currency of
legal tender, and it is not permitted to pay them
with merchandise, coupons, tokens or any other
representative sign intended as a substitute for
currency;
XI. When, due to extraordinary circumstances,
working hours must be extended; the salary to
be paid for overtime shall be 100% more than
the amount fixed for regular hours. Overtime may
never exceed three hours per day nor three
consecutive times. Minors under sixteen years
old may not be admitted to these types of jobs;
XII. All agricultural, industrial, mining business
or any other kind of business shall have the
duty, as set forth in Laws, to provide its workers
with comfortable and sanitary housing. This
obligat ion shal l be discharged with the
contributions made by the businesses to a national
housing fund with the purpose of constituting
deposits to the benefit of their workers and of
establishing a financing system to provide the
workers with sufficient and inexpensive loans
Title Six 327
so that they may acquire in ownership the
dwellings mentioned.
The enactment of a law to institute a body
constituted by representatives of the Federal
Government, the workers and of the employers,
to manage the resources of the national housing
fund, is of social benefit. Said law shall regulate
the formalities and procedures in accordance
to which the workers may acquire in ownership
the dwellings hereinbefore mentioned.
The businesses referred under paragraph first
of this section, which are located outside villages,
shall have the duty to establish schools, health
clinics and other services necessary for the
community.
Additionally, whenever the population in such
workplaces shall exceed two hundred inhabitants,
a tract of land of no less than five thousand
square meters, must be reserved for the
establishment of public markets, buildings
intended for municipal services and recreation
centers.
328 Political Constitution of the United Mexican States
Establishments that sell liquors and gambling
houses are prohibited in all workplaces;
XIII. Businesses, whatever their activity, shall
have the duty to provide their workers with skills
or training for the job. The Law shall establish
the systems, methods and procedures in
accordance to which employers must comply
with said obligation;
XIV. Employers shall be liable for labor accidents
and for occupational diseases suffered by
workers in relation or by cause of the profession
they exercise or of the job they do. Therefore,
employers shal l pay the corresponding
indemnification, whether for the death or
temporary or permanent disability to work, in
accordance with the provisions of the Law. This
liability shall survive even when the employer
shall contract the work through an intermediary;
XV. According to the nature of his business, the
employer shall have the duty to comply with
legal provisions regarding hygiene and safety
in the facilities of his establishment, and to adopt
Title Six 329
adequate safeguards to prevent accidents in the
use of machines, instruments and materials of
labor, as well as to organize labor in such way
as to ensure the greatest possible guarantee for
the health and safety of workers, and of unborn
children, in the case of pregnant women. The
laws shall provide, to that end, the appropriate
sanctions in each case;
XVI. Workers as well as employers shall be entitled
to organize themselves for the defense of their
respective interests, by constituting unions,
professional associations, etc.;
XVII. The laws recognize strikes and lockouts as
rights of workers or employers;
XVIII. Strikes shall be lawful when their purpose
is the attainment of balance between the different
factors of production, by harmonizing the rights
of labor with those of capital. In public services,
it shall be mandatory for workers to give notice,
ten days in advance, to the Board of Conciliation
and Arbitration, in regards to the date established
for the suspension of work. Strikes shall be
330 Political Constitution of the United Mexican States
considered illegal only when the majority of the
strikers shall engage in acts of violence against
persons or property, and in the event of war,
should they work in establishments or services
depending of the government;
XIX. Lockouts shall be lawful only when an
excess of production shall render it necessary
to suspend operations in order to maintain prices
at a reasonable level over costs, and subject to
the previous approval of the Board of Conciliation
and Arbitration;
XX. Conflicts between capital and labor shall
be subjected for settlement, to the award issued
by the Board of Conciliation and Arbitration,
which shall composed by an equal number of
representatives of workers and of employers and
one of the government;
XXI. Should the employer refuse to submit his
disagreements to arbitration or to accept the
award rendered by the Board, the labor contract
shall be terminated and he shall be obliged to
indemnify the worker with three months’ wages,
Title Six 331
in addition to the liabilities resulting from the
dispute. This provision shall not apply in cases
of the actions referred under the following section.
Should the workers reject the award, the labor
contract shall be terminated;
XXII. An employer who dismisses a worker
without justifiable cause or for having joined
an association or union, or for having taken a
part in a lawful strike, shall be required, at the
election of the worker, either to perform the
contract or to indemnify him with the payment
of three months’ wages. The Law shall establish
the cases where the employer may be exempted
from the obligation of performing the contract
by paying an indemnity. Likewise, the employer
shall be obliged to indemnify the worker with
the wages of three months, if the latter shall
leave his job on account of the employer’s lack
of good faith or mistreatment either as to his
own person, or that of his spouse, parents,
children, or siblings. The employer cannot be
exempted from this liability when the mistreatment
332 Political Constitution of the United Mexican States
is inflicted by subordinates or members of his
family acting with his consent or knowledge;
XXIII. Claims of workers for wages or salaries
earned during the preceding year and for
indemnifications shall have preference over any
other cla ims in cases of bankruptcy or
composition;
XXIV. Only the worker is liable for any debts
has contracted with his employer, or the latter’s
associates, family or dependents, and never for
any cause may payment there for be exacted
from members of the worker’s family, nor shall
said debts be claimed for an amount exceeding
the wages of the worker for one month;
XXV. Employment placement services shall be
free of charge for workers, whether they are
provided by a municipal office, by employment
bureaus or any other public or private agency.
When providing this service the demand for jobs
shall be taken into account and, in equal
conditions, the individuals who are the only
Title Six 333
income source for their family shall have
preference;
XXVI. Any labor contract between a Mexican
citizen and a foreign employer must be legalized
before the competent municipal authority and
bear visa by the consul of the nation to which
the worker is to go, in the understanding that,
in addition to the usual clauses, it shall clearly
provide that repatriation expenses shall be born
by the contracting employer;
XXVII. The following stipulations shall be null
and void and not binding for any of the contracting
parties, even if set forth in the contract:
a) Those providing for inhuman working shift
on account of its notorious excessiveness, in
view of the nature of the work;
b) Those providing for a salary which is not
remunerative in the judgment of the Board of
Conciliation and Arbitration;
c) Those providing a term of more than one
week for the payment of a daily wages;
334 Political Constitution of the United Mexican States
d) Those providing as the place to pay wages,
an amusement place, a restaurant, cafe, tavern,
canteen, or store, when the employee does not
work in such establishments;
e) Those involving a direct or indirect obligation
to purchase consumption goods in certain stores
or places;
f) Those permitting to withhold wages by way
of fines;
g) Those constituting a waiver by the worker of
indemnifications to which is entitled by cause
of labor accidents or occupational diseases,
damages for breach of contract or for being
discharged from a job;
h) Any other provisions implying a waiver of
any of the rights vested in the worker by the laws
to protect and help workmen;
XXVIII. The laws shall establish what property
constitutes the family patrimony. These goods
shall be inalienable, not subject to mortgage or
Title Six 335
attachment, and may be bequeathed with
simplified formalities in succession proceedings;
XXIX. The enactment of a Social Security Law
is of public interest and it shall include insurance
against disability, old age, life, unemployment,
illness and accidents, child day care, and any
other intended for the protection and welfare
of workers, peasants, non-salaried persons and
other social sectors and their families;
XXX. Likewise, cooperative associations for the
construction of cheap and sanitary dwelling
houses, intended to be acquired in ownership
by workers within certain periods, shall be
considered of social utility;
XXXI. Enforcement of labor laws pertains to the
authorities of the States within their respective
jurisdictions, except for the following matters
which are under the exclusive jurisdiction of
federal authorities:
a) In relation to industrial branches and services:
1. Textile;
336 Political Constitution of the United Mexican States
2. Electric power;
3. Motion pictures;
4. Rubber;
5. Sugar;
6. Mining;
7. Metallurgical and steel, including exploitation
of basic minerals, and their processing and
smelting, as well as the manufacture of metallic
iron and steel in all their forms and alloys, and
the rolled products there of;
8. Hydrocarbons;
9. Petrochemical;
10. Cement;
11. Lime;
12. Automobiles, including electric or mechanical
automobile parts;
13. Chemical, including pharmaceutical and
medical chemicals;
Title Six 337
14. Cellulose and paper;
15. Vegetable oils and fats;
16. Food processing, including only the
manufacture of bottled, canned or packed food
or of those intended there for;
17. Manufacture of bottled or canned beverages
or of those intended there for;
18. Railroads;
19. Basic lumbering, which includes the
production of sawmills, and the manufacture of
plywood or agglutinated wood products;
20. Glass, exclusively in respect to the manufacture
of plain, carved or flat glass, or of glass containers;
21. Tobacco, which includes the processing and
manufacture of tobacco products; and
22. Banking and credit services.
b) Business Enterprises:
1. The ones decentralized or administered directly
by the Federal Government;
338 Political Constitution of the United Mexican States
2. Those acting through a federal contract or
concession and the industrial enterprises in
connection thereto;
3. Those carrying out works in federal zones
or zones under federal jurisdiction, in waters of
territorial sea, or those comprised within the
Nation’s exclusive economic zone.
Federal authorities also have under their
exclusive jurisdiction: the application of labor
provisions in matters relating to conflicts affecting
two or more States; collective labor contracts
which have been declared mandatory in more
than one State;3 employers’ obligations in
educational matters, under the terms set forth
by the Law; and in respect to employers’ duties
in matters of job training courses for their
Called Law Contracts, which are agreements entered by a special procedure between one or more unions and one or more enterprises or federations of enterprises in the same industry. They become law upon publication by the Government and are mandatory in all the Country. (Hoagland, Alexander C., Company Formation in Mexico, Section F Labour Laws, London, Lloyds Bank International Ltd., 1980, p. F-17)
3
Title Six 339
workers, as well as safe and sanitary conditions
in work centers, for which federal authorities
shall have the support of State authorities, when
dealing with branches or activities under local
jurisdiction, as provided by the corresponding
Law.
B. Between the Powers of the Union, the
Government of the Federal District and its
workers:
I. The maximum working shift and nightshift
shall be of eight and seven hours, respectively.
Exceeding hours shall be overtime and shall be
paid an additional 100% over the remuneration
fixed for regular services. In no case may overtime
work exceed three hours daily nor three
consecutive times;
II. For every six days of work the worker is
entitled to at least, one day of rest; with full
payment of wages;
III. Workers shall enjoy vacations which shall
never be less than twenty days per year;
340 Political Constitution of the United Mexican States
IV. The salaries shall be established in the
budgets, without the possibility of being
decreased while said budgets are in force, and
shall be subjected to that established in article
127 of this Constitution and the law.
Salaries may never be inferior to general minimum
wages for workers in the Federal District and in
the States;
V. The same salary shall be paid for the same
work, regardless of sex;
VI. Withholdings, discounts, deductions or
attachments over wages may only be made in
the cases provided by the laws;
VII. The appointment of personnel shall be
made by systems which permit the assessment
of the skills and aptitudes of applicants. The State
shall organize schools of Public Administration;
VIII. Workers shall be entitled to rights of
classification scale so that promotions may be
made on the grounds of skills, aptitudes and
seniority. Under the same conditions, the
Title Six 341
individual representing the only source of income
for his family shall have preference;
IX. Workers may only be suspended or dismissed
for a cause, under the terms provided by the
Law.
In the event of wrong discharge the worker has
the right to chose between reinstatement in his
work or the corresponding severance payment,
upon previous legal proceedings. In the case
of cancelled posts, the affected workers shall
be entitled to obtain another job equivalent to
the one cancelled or to the indemnification
payment established by the Law;
X. Workers have the right to associate for the
defense of their common interests. They may
likewise exercise their right to strike upon
previous fulfillment of the requirements set forth
by the Law, in respect to one or several agencies
of Government Powers, whenever the rights
vested on them by this Article are infringed in
a general and systematic manner.
342 Political Constitution of the United Mexican States
XI. Social security shall be organized in accordance
with the following minimum bases:
a) It shall cover labor accidents and occupational
diseases; non-occupation illnesses and maternity;
retirement, disability, old age and death.
b) In case of accident or illness, the right to the
job shall be retained for the time set forth by
the Law.
c) Pregnant women shall not perform jobs which
demand considerable effort and endanger their
health in respect to their pregnancy. They shall
have a mandatory paid time off of one month
before the date approximately set for the delivery
of their child, and for another two months term
there after, during which they must be paid their
salary in full and keep their job and the rights
acquired there from. During their nursing period
they shall have two additional rest periods per
day, of half an hour each, to feed their children.
In addition they shall enjoy medical and obstetrical
attention, medications, nursing aids; and
childcare services.
Title Six 343
d) Members of the workers’ family must be entitled
to medical assistance and medications, in the
cases and in the proportion established by the
Law.
e) Vacation and rehabilitation centers, as well as
economy stores for the benefit of workers and
their families shall be established.
f) Workers shall be provided with low cost housing
for rent or sale in accordance with the programs
previously approved there to fore.
Additionally, the State shall establish a national
housing fund with the contributions it shall
make, with the purpose of constituting deposits
to the benefit of said workers and to establish a
financing system to provide the workers with
sufficient and inexpensive loans so they may
acquire in ownership comfortable and sanitary
housing, or to build, repair, or improve their home
or to pay loans acquired there for.
The contributions for such fund shall be paid
to the agency in charge of social security. The
344 Political Constitution of the United Mexican States
formalities and procedure in accordance to which
such fund shall be managed and to which the
corresponding credits must be granted and
adjudged, shall be govern by its law and by any
other applicable laws;
XII. Individual and collective labor disputes, as
well as disputes between trade unions must be
submitted to the Federal Conciliation and
Arbitration Board for Government Employees,4
which shall be constituted as provided in the Law.
Disputes between the Judicial Branch of the
Federation and its employees shall be settled
by the Federal Judicial Council. Disputes
between the Supreme Court of Justice and its
employees shall be decided by the latter;
XIII. Military and Navy personnel, members of
the Foreign Service, agents of the Public
Prosecutor, police experts and members of police
institutions, shall be governed by their own laws.
See Note 9 of Title Three.4
Title Six 345
The agents of the Public Prosecutor, the experts
and members of police institutions of the
Federation, the Federal District, the States and
the Municipalities, can be dismissed if they do
not comply with the requirements that the laws
in vigor at the moment determine to stay in such
institutions, or removed if they incur in
responsibility when performing their duties. If
the jurisdictional authority determines that the
separation, dismissal, casualty, cessation or any
other form of service termination was unjustified,
the State shall only be obliged to indemnify and
give any other corresponding benefits, which
shall not mean to bring the person back to service,
whatever the result of the trial or defense
measure promoted.
Authorities of the Federation, the States, the
Federal District and the Municipalities, in order
to strengthen the social security system of the
personnel of the Public Prosecutor, police
corporations and expert services within the
police, and that of their families, shall orchestrate
complementary systems of social security.
5
346 Political Constitution of the United Mexican States
The State shall provide active members of the
Army, Air Force and Navy, the benefits under
subsection f) of section XI of Subdivision B of
this Article, in similar terms and through the
agencies in charge of providing social security
services for the members of said institutions;
XIII BIS. The central bank and the agencies of
Federal Public Administration which comprise
the Mexican Banking System shall govern their
labor relations with their employees in accordance
to the provisions set forth in this Subdivision;
XIV. The Law shall determine the offices to be
considered positions of non-tenure.5 The
individuals holding those positions shall be
entitled to salary protection measures and social
security benefits.
Confidential employees are subject to special treatment in the Law, these are employees holding a position of confidence who perform managerial , accounting, operational, supervisory functions on behalf of their employer. They may not belong to trade unions and may be discharged if they loose the confidence of their employer, without the right to be reinstated in their job. (Becerra, Javier F., op. cit., Note 3, p. 306, and Hoagland, Alexander C., op. cit., Note 43, pp. F-7 and F-8).
TITLE SEVEN General provisions
Article 124. All powers not explicitly vested by
this Constitution on federal authorities, are reserved
to the States.
Article 125. No individual may hold two Federal
offices of popular election at the same time, nor
one federal and one state office also by popular
election, but the individual may choose which of
the two he elects to hold.
Article 126. No payment shall be made that is
not included in the budget or provided for by a
subsequent law.
Article 127. The public officers working for the
Federation, States, Federal District, and Municipalities,
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348 Political Constitution of the United Mexican States
their entities and government offices, as well as
their state and municipal decentralized administrations,
public trust funds, autonomous organisms and
institutions, and any other public organ shall
receive an adequate and not to be waived reward
for the exercise of their function, job, position, or
commission, which shall be proportional to his or
her responsibilities.
Such a reward shall be determined annually and fairly
in the corresponding budgets, in accordance to the
following bases:
I. A reward or retribution is all income received
in cash or in kind, including diets, Christmas
bonuses, gratifications, awards, rewards,
bonuses, stimulus, commissions, compensations,
and any other of the kind, with the exception
of the support and expenses subjected to revision
that are proper of the work being done and the
traveling expenses corresponding to official duties.
II. No public officer shall be able to receive a
remuneration, in the terms of the previous section,
for the exercise of his or her function, job,
Title Seven 349
position, or commission, higher than that
established for the President of the Republic in
the corresponding budget.
III. No public officer shall be able to receive a
remuneration equal or higher than his or her
superior in rank; unless the excess is a consequence
of the exercise of various public offices, that
his or her remuneration is a product of the
general working conditions, derived from a
qualified technical job or a specialization in his
or her function, the sum of said retributions
shall not exceed half of the remuneration
established for the President of the Republic in
the corresponding budget.
IV. No retirement payments, pensions, or other
retirement assets shall be conceded or covered,
nor liquidations for given services, or loans or
credits, without these being assigned by law,
legislative decree, collective contract, or general
working conditions. These concepts will not be
a part of the remuneration. They are excluded
from the security services that the public officers
require for the exercise of their public office.
350 Political Constitution of the United Mexican States
V. The remunerations and their tabulators shall
be public, and shall specify and differentiate the
totality of their fixed and variable elements, both
in cash and in kind.
VI. The Congress of the Union, the State
Legislatures, and the Legislative Assembly of the
Federal District, in their respective competence,
shall issue laws to enforce the content of the
present article and the pertaining constitutional
dispositions, and to sanction criminally and
administratively the conducts that imply the
violation or elusion by simulation of that which
has been established in this article.
Article 128. Before taking office, every public officer
without any exception, shall take an oath swearing
to uphold the Constitution and the laws enacted
in pursuance thereof.
Article 129. In peace times no military authority
shall perform any functions other than those exactly
related with military discipline. There shall be fixed
and permanent military commands only in castles,
forts and in warehouses immediately subordinated
Title Seven 351
to the Government of the Union, or in encampments,
barracks, or arsenals established outside towns for
the quartering of troops.
Article 130. The historic principle of separation
between State and Church is a directive underlying
the provisions set forth in this Article. Churches
and any other religious groups shall be subject to
the Law.
Only the Congress of the Union is empowered to
legislate in matters of public worship, churches and
religious groups. The respective Law shall develop
and detail the following provisions, and shall be
of public order:
a) Churches and religious groups shall have legal
capacity as religious associations upon having
obtained their corresponding registry. The Law
shall regulate such associations and establish the
conditions and qualifications required for the
registry to incorporate them.
b) The authorities shall not intervene in the internal
life of religious associations.
352 Political Constitution of the United Mexican States
c) Mexicans may exercise the ministry of any
religion. To that end, Mexicans as well as foreign
persons, must satisfy the requirements set forth
by the Law.
d) As provided by the Law, church ministers
may not hold public offices. As citizens they
shall have the right to vote but they may not be
elected for public offices. Those who have ceased
being church ministers with the anticipation in
the manner established by the Law may be elected.
e) Ministers may not associate for political
purposes, nor promote in favour of, or against
any candidate, political party or any political
association. They may not oppose the laws of
the country or its institutions, nor in any way
offend any national insignia in public meetings,
in acts of worship or of religious propaganda,
nor in publications of a religious nature.
The constitution of any kind of political group whose
denomination should contain any word or indication
of whatever nature, relating it to any religious
Title Seven 353
affiliation is strictly prohibited. Meetings of a political
nature may not take place in churches.
The simple promise to say the truth and to comply
with the obligations contracted, subjects the person
making it, in case of failure to comply, to the penalties
established in the Law for such behaviour.
Church ministers, their ascendants, descendants,
brothers, sisters and spouses, as well as the religious
associations to which they may be affiliated, shall
be disqualified to inherit by testament, from the
persons to whom such ministers may have provided
guidance or spiritual support and who do not have
a family relationship of up to forth degree in regards
to said ministers.
Acts of marital status of individuals pertain to the
exclusive jurisdiction of administrative authorities,
in accordance with the terms provided by the laws,
and shall have such force and effect as said laws
attribute to them.
Federal, State and Municipal authorities shall
have, in regards to this matter, the powers and
responsibilities set forth by the Law.
354 Political Constitution of the United Mexican States
Article 131. The Federation has the exclusive
power to levy duties on goods that are imported
or exported or in transit through national land
territory; as well as to regulate at all times, and
even to prohibit the circulation for security or police
reasons, within the territory of the Republic, of
all classes of goods, regardless of their origin.
Nevertheless, the Federation itself may not establish
nor enact in the Federal District the taxes and laws
set forth under sections VI and VII of Article 117.
The President of the Republic may be empowered
by the Congress of the Union to increase, decrease
or abolish tariff rates on imports and exports
imposed by Congress itself, and to establish others;
likewise, the President of the Republic may be
empowered to restrict and to prohibit the imports,
exports and transit of products, articles and goods,
when he deems it urgent for the purpose of regulating
foreign trade, the economy of the country, the
stability of domestic production or for accomplishing
any other purpose to the benefit of the country.
The President of the Republic himself, when
submitting the fiscal Budget to Congress each year,
Title Seven 355
shall submit to the approval of Congress the
exercise he has made of such powers.
Article 132. Forts, barracks, storage warehouses,
and all other real estate facilities devoted by the
Government of the Union to a public service or
for common use, shall be subject to the jurisdiction
of Federal Powers in accordance with provisions
established in the Law enacted by the Congress of
the Union. This law shall regulate the property
acquired thereafter within the territory of any State
in which case, the consent of the respective local
legislature shall be required.
Article 133. This Constitution, the laws of the
Congress of the Union which shall be enacted in
pursuance thereof and all treaties in accordance
therewith, celebrated or which shall be celebrated
by the President of the Republic with the approval
of the Senate, shall be the supreme law of the Union.
The Judges of the Federal District and of the States
shall be bound thereby, notwithstanding any
provision to the contrary in the local constitutions
or local laws.
356 Political Constitution of the United Mexican States
Article 134. The economic resources available to
the Federal Government, the States, the Municipalities,
the Government of the Federal District and the
political-administrative organs thereof, and to the
respective decentralized agencies or government
controlled companies, shall be managed with
efficiency, effectiveness, economy, openness and
honesty in order to comply with the purposes for
which they are intended.
The result of the employment of said resources
shall be evaluated by the technical instances
established by the Federation, the States and the
Federal District, respectively, in order to favor the
assignation of such resources in the respective
budgets as described in the previous paragraph,
notwithstanding the prevision of Articles 74, section
VI and 79.
Any acquisitions, leases and transfers of any kind
of goods, the rendering of services of whatever
nature and the engagement of works undertaken,
shall be awarded or carried out through public
biddings, through the issuance of public summons
so that solvent propositions may be submitted in a
Title Seven 357
closed envelope, which shall be opened in public
with the aim of assuring the best conditions
available in benefit of the State in regards to price,
quality, financing, opportunity and all other pertinent
circumstances.
Whenever the biddings referred under the paragraph
hereinbefore should not be suitable to assure said
conditions, the laws shall establish the bases,
procedures, rules, requirements and any other
elements to demonstrate the economy, effectiveness,
efficiency, impartiality, and honesty required to
assure the best terms for the State.
Management of federal economic resources by the
States, municipalities, the Federal District and the
political-administrative organs thereof, shall be
subject to the principles set forth in this Article.
The evaluation of the employment of such resources
shall correspond to the technical entities of the
States to which the second paragraph of this Article
refers.
Public officers shall be responsible for complying
with these principles in accordance with the terms
provided by Title Fourth of this Constitution.
358 Political Constitution of the United Mexican States
The public servants of the Federation, States and
Municipalities, as well as of the Federal District
and its delegations, are always obliged to impartially
invest the public resources under their care, and
not to have any influence on the equity of the
competition between the political parties.
The propaganda that the political parties, the
autonomous organs, branch offices and entities of
the public administration and any other organism
of the three branches of Government, spread under
any form of social communication, shall be of
institutional kind and meant to inform, educate or
provide social orientation. Such propaganda shall
not include names, images, voices or symbols
which imply the promotion of some public servant.
The Laws, within their own field of application,
shall guarantee the fulfillment of the previsions of
the two previous paragraphs, including the penalty
régime that might proceed.
TITLE EIGHT Amendments to the Constitution
Article 135. The present Constitution may be
added to or amended, but to become a part of it,
such additions or amendments require the approval
of the Congress of the Union through the vote of
two thirds of the congressmen present, and the
approval, thereafter, of the majority of the State
Legislatures.
The Congress of the Union or the Permanent
Commission, as the case may be, shall count the
votes of the Legislatures and shall make the
declaration to announce that the additions or
amendments in question have been approved.
359
TITLE NINE The inviolability of the Constitution
Article 136. This Constitution shall not lose its
force and effect, even if its observance were
interrupted by rebellion. In the event that a
government whose principles are contrary to those
provided by this Constitution, should become
established through any public disturbance, as soon
as the people recover their freedom, its observance
shall be reestablished. The persons who took part
in the government arising from the rebellion as
well as those who cooperated with them, shall be
judged in accordance with this Constitution and
the laws enacted by virtue thereof.
361
TRANSITORY ARTICLES
Article First. This Constitution shall be solemnly
published and an oath shall be taken to uphold it
and to enforce it throughout the Republic; but with
the exception of the provisions related to the
elections of the Supreme Powers of the Federation
and the Federal District and the States, which shall
be effective at once, it shall effective as of the first
of May of 1917, in which date the Constitutional
Congress shall be solemnly installed and the citizen
elected in the next elections to the office of President
of the Republic must take the oath provided by
the Law.
In the elections which must be summoned in
accordance with the following Article, the provisions
under section V of Article 82 shall not be applicable;
363
364 Political Constitution of the United Mexican States
nor shall it be cause for disqualification to hold
the office of Deputy or Senator, or to be in active
service in the army, provided the command of
forces is not in the electoral district in question;
nei ther shal l S ta te Secretar ies and State
Undersecretaries be bared from election to the next
Congress of the Union, provided they shall have
definitely separated from their positions on the date
the respective summons are issued.
Article Second. As soon as this Constitution is
published, the citizen entrusted with the office of
President of the Republic shall summon to the
election of Federal Powers, and he shall take care
that the election is carried out in such manner as
to enable the Congress to be timely constituted, so
that upon having counted the votes cast in the
elections for President, it may declare who has been
the individual elected to hold the office of President
of the Republic, so that he may comply with the
provisions set forth in the preceding Article.
Article Third. The next constitutional term for
Deputies and Senators shall be computed starting
Transitory Articles 365
on September 1st of last year and for the office of
President of the Republic, on December 1st of 1916.
Article Fourth. Senators who in the next election
have an even number shall hold office only for two
years, so that thereafter the Senate may be renewed
every two years.
Article Fifth. The Congress of the Union shall elect
the Justices of the Nation’s Supreme Court of Justice
next May, in order that such Body shall be installed
by June 1st.
Article 96 shall not govern in this election, with respect
to the proposals of candidates by State Legislatures;
but the elected candidates shall only hold office for
the first two years of the term set forth in Article 94.
Article Sixth. The Congress of the Union shall have
an extraordinary session period which shall begin
on April 15 of 1917, to set itself up as Electoral
College, count the votes and qualify elections for
President of the Republic, making the respective
declaration; and also to enact the Organic Law for
Circuit and District Courts, and the Organic Law
366 Political Constitution of the United Mexican States
for the Federal District and Territorial Courts, so
that the Nation’s Supreme Court of Justice may
immediately appoint Circuit Magistrates and District
Judges, so that the same Congress of the Union
may appoint the Judges of First Instance for the
Federal District and Territories; it shall also enact
all the laws that the President of the Republic shall
submit to its opinion.52 Circuit Magistrates and
District Judges and Magistrates and Judges of the
Federal District and Territories, must take office
before July 1st of 1917, at which time those individuals
who were appointed by the current incumbent in
charge of office of President of the Republic, shall
cease in office.
Article Seventh. Only for this first time, the count
of votes for Senators shall be made by the Computing
Board of the First Electoral District in each State or
in the Federal District, which shall be created to
count votes for the election of Congressmen. Such
Boards shall issue the corresponding certificate to
the Senators elected.
Article Eighth. The Nation’s Supreme Court of Justice
shall decide pending cases of constitutional relief
Transitory Articles 367
through the writ of Amparo, subject to the laws
currently in force.
Article Ninth. The Citizen Chief Commander of
the Constitutional Army,53 entrusted with the office
of President of the Republic, is empowered to issue
the Electoral Law, in accordance to which the
elections shall be held for this once to constitute
the Powers of the Union.
Article Tenth. The individuals who have taken part
in the Government arising from the rebellion
against the legitimate government of the Republic,
or those who cooperated with it, taking up arms
afterwards, or holding offices or employments with
the rebellious fractions that have attacked the
Constitutionalist Government, shall be tried under
the laws currently in force, unless they have been
pardoned by said Government.
Article Eleventh. Until the Congress of the Union
and the State Legislatures enact laws in regards to
the agrarian and labor problems, the principles
established in this Constitution for such laws shall
368 Political Constitution of the United Mexican States
enter into full force and effect throughout the
Republic.
Article Twelfth. Mexicans who have been members
of the Constitutionalist Army, and their children
and widows, and any other persons who rendered
services to the cause of the Revolution or to Public
Education, shall have a pre-emptive right to acquire
the parcels of land set forth under Article 27 and
shall be entitled to the discounts established by
the laws.
Article Thirteenth. From the date of this
Constitution, any debts that workers shall have
contracted by reason of their job, with employers,
or the latter’s families or intermediaries are hereby
extinguished by ministry of law.
Article Fourteenth. The Secretariat of Justice is
hereby abolished.
Article Fifteenth. The citizen in charge of the
office of President of the Republic is hereby
empowered to issue a law of civil liability applicable
to the principals, accomplices and accessories of
Transitory Articles 369
crimes against the constitutional order during the
month of February of 1913 and against the
Constitutionalist Government.
Article Sixteenth. The Constitutional Congress
during its regular period of sessions which shall
start on September 1st of this year shall enact all
organic laws of the Constitution which shall not
have been already enacted in the extraordinary
period referred under transitory Article Sixth and
shall give priority to laws relating to Constitutional
Rights and to Articles 30, 32, 33, 35, 36, 38, 107
and the last part of Article 111 of this Constitution.
Article Seventeenth. Churches and any other
property which in accordance with section II of
Article 27 of the Political Constitution of the United
Mexican States, as amended by this Decree, are
owned by the Nation, shall preserve their current
legal status.
Article Eighteenth. (Repealed).
Article Nineteenth. (Repealed).
THE FOLLOWING ARTICLES WERE REFORMED ON JUNE 18TH
2008, ACCORDING TO A DECREE OF REFORMS PUBLISHED IN THE OFFICIAL GAZETTE OF THE FEDERATION; HOWEVER, TO SOME EXTENT THEY ARE STILL IN FORCE, SINCE THE NEW CRIMINAL SYSTEM SHALL BE COMPLETELY
IN VIGOR WITHIN A TERM OF EIGHT YEARS FOLLOWING
THE DATE OF SAID DECREE. THUS THEY ARE PRESENTED HERE AS THEY WERE BEFORE THEIR MODIFICATIONS, ALONG WITH THE TRANSITORY ARTICLES OF THE REFORM.
Article 16. No one may be disturbed in his person,
family, home, papers or possessions, except by
written order of a competent authority, duly grounded
in law and fact which sets forth the legal cause of
the proceeding.
No arrest warrant may be issued except by the
judicial authority upon previous accusation or
complaint for the commission or omission of an
act which is described as a crime by the law,
punishable with imprisonment, and unless there is
evidence to prove that a crime has been committed
and that there are sufficient elements to believe
that the suspect is criminally liable.
The authority executing an arrest warrant issued
by a court shall bring the suspect before the judge
371
372 Political Constitution of the United Mexican States
without any delay and under its sole responsibility.
Any contravention to the foregoing shall be punished
by criminal law.
In cases of flagrante delicto, any person may detain
the suspect bringing him without delay under custody
of the nearest authority and the latter, without
delay, shall bring him before the Public Prosecutor.
Only in urgent cases, when dealing with a felony
qualified as such by the law and under reasonable
risk that the suspect could evade the action of justice,
should there not be a judicial authority available
because of the hour, place or circumstance, the
Public Prosecutor may, under his responsibility,
order his detention, stating the grounds of law and
fact and the circumstantial evidence underlying
such decision.
In cases of urgency or flagrante delicto, the judge
before whom the person in custody is presented shall
immediately confirm the arrest or order his release,
subject to the conditions established in the Law.
No one charged with a crime may be detained by
the Public Prosecutor for more than forty eight hours,
Transitory Articles 373
term whereupon his release shall be ordered or
he shall be brought before a judicial authority. Such
term may be duplicated in cases established by
the law as organized crime. Any abuse in respect
to what has hereinbefore been provided shall be
punished by criminal law.
Only a judicial authority may issue a search warrant
which must be in writing. Every search warrant must
describe the place to be searched, the person or
persons to be detained and the objects to be seized,
to which this act shall be exclusively restricted,
preparing in site, upon the conclusion of the search,
a fact finding report, before two witnesses proposed
by the occupant of the place searched or in his
absence or refusal, by the acting authority.
Private communications are secret. The law shall
punish according to criminal law any action against
the liberty and privacy of such communications.
Only a federal judicial authority may authorize the
intervention of any private communication, upon
request by the federal authority empowered by the
law or by the Public Prosecutor of the corresponding
374 Political Constitution of the United Mexican States
State, wherefore the competent authority shall, in
writing, ground in law and fact the legal causes of
the request describing therein the class of intervention
required, the subjects and the term thereof. The
federal judicial authority may not grant these
authorizations when the matters involved are of
electoral, fiscal, commercial, civil, labour or
adminis t ra t ive nature, nor in the case of
communications of the defendant with its attorney.
Authorized interventions shall be subject to the
requirements and limitations set forth in the laws.
The results of interventions which do not comply
with the aforesaid requirements shall not be
admitted as evidence.
Administrative authorities may carry out inspections
to private facilities only for ascertaining whether
sanitary and police regulations have been complied
with; and to require to be shown such books and
papers which are indispensable to corroborate that
fiscal provisions have been complied with, in which
cases such authorities shall be subject to the provisions
of the respective laws and to the formalities for
search warrants.
Transitory Articles 375
The sealed correspondence circulating through the
mail shall be exempt from any search and the violation
thereof shall be punishable by the Law.
No member of the Army shall in times of peace be
quartered in a private house against the will of the
owner nor impose any requirements. In times of
war the military can demand lodging, baggage, food
and other requirements in the terms set forth by
the applicable martial law.
Article 17. No one may take the law unto his own
hands, nor resort to violence to enforce his rights.
Every person has the right to petition justice before
courts of law which shall be ready to provide it under
the terms and conditions set forth by the laws, and
shall issue their judgments in a prompt, complete
and impartial manner. Their services shall be free
and consequently, judicial fees are prohibited.
Federal and local laws shall provide the necessary
means to guarantee the independence of the courts
and the full enforcement of their judgments.
376 Political Constitution of the United Mexican States
No one may be imprisoned by debts solely of a
civil nature.
Article 18. Pretrial detention may only be applied
for crimes punishable by imprisonment. The place
of confinement shall be different and shall be
separate from the one used for convicted persons.
The governments of the States and of the Federation
shall organize the prison system in their respective
jurisdictions, under basis of labour, training for
work, and education, as a means of social readjustment
of the offender. Women shall serve their imprisonment
penalties in places separated from those intended
for the confinement of men.
State Governors may under the provisions established
by their respective local laws, celebrate agreements
of a general nature with the Federation, by which
offenders convicted for crimes pertaining to State
or local jurisdiction may serve their imprisonment
penalties in facilities subordinated to the President
of the Republic.
The Federation and State governments shall establish
special institutions to deal with juvenile offenders.
Transitory Articles 377
Convicts of Mexican nationality who are serving
imprisonment penalties in foreign countries may
be brought to the Republic to serve their sentences
under the grounds of the social readjustment systems
provided in this Article, and convicts of foreign
nationality convicted for federal crimes throughout
the Republic or for crimes under the local jurisdiction
of the Federal District, may be transferred to their
countries of origin or of residence, provided that
international treaties have been signed for that
purpose. State governors may request from the
President of the Republic, under the grounds of
their respective local laws, the inclusion in said treaties
of convicts for crimes under State jurisdiction.
In the cases and conditions provided by the Law,
convicts may serve their penalties in the penitentiaries
closer to their home, in order to encourage their
reintegration to the community as a means of
readjustment to society.
Article 19. No detention before a judicial authority
may exceed a term of seventy two hours from the
time the defendant is brought under its custody,
378 Political Constitution of the United Mexican States
without a formal order for commitment in writing,
which must set forth the crime he is charged with,
the place, time and circumstances of the crime; as
well as the evidence furnished by the preliminary
criminal inquiry, which must be sufficient to establish
that a crime has been committed and the probable
liability of the suspect.
Said term may be extended only upon petition by
the defendant in the form established by the Law.
The extension of the term of detention to his detriment
shall be punished by criminal law. If within the
term hereinbefore set forth, any authority in charge
of the facilities where the defendant is confined,
should not receive an authorized copy of the order
to stand trial in confinement or a request for an
extension of the aforesaid term, said authority shall
bring the matter to the attention of the judge
immediately upon the end of the term. If said
authority should not receive the aforesaid order
within the next three hours, it shall release the
defendant.
Every proceeding shall be compulsorily instituted
only for the crime or crimes charged in the order
Transitory Articles 379
to stand trial in commitment or in the order to stand
trial. If within the course of proceedings it should
appear that another crime has been committed
which is different from the one pursued, it shall
be charged on a separate count, notwithstanding
that a joinder of both proceedings could thereafter
be ordered, if appropriate.
Any ill treatment when detaining a person or during
confinement, any annoyance without legal
justification, any exaction or contribution laid in jails,
constitute an abuse which the laws shall correct
and the authorities shall repress.
Article 20. In all criminal proceedings, the defendant,
the victim or the offended party shall have the
following constitutional rights.
A. The defendant:
I. Immediately upon request by the defendant,
the judge must set him at liberty on bail, provided
the crime he is charged with is not a felony
where the Law explicitly prohibits granting it.
In case of crimes which are not felonies, the
380 Political Constitution of the United Mexican States
judge may deny liberty on bail, upon request
by the Public Prosecutor, when the defendant
has been previously convicted for a felony
according to the Law or whenever the Public
Prosecutor should submit to the judge, evidence
establishing that freeing the accused represents,
on account of his preceding behaviour or of the
circumstances and nature of the crime committed,
a risk for the offended party or for society.
The amount and form of the bail fixed must be
accessible for the accused. In certain circumstances
set forth by the Law, the judicial authority may
modify the amount of the bail. To determine
the amount and form of the bail, the judge must
consider the nature, par t icular i t ies and
circumstances of the crime, the character of the
defendant and the possibilities of complying
with his duties in respect to trial; the losses and
damages caused to the offended party; as well
as the fine which, if applicable, may be imposed
upon the accused.
The Law shall determine the serious cases where
the judge may revoke liberty on bail;
Transitory Articles 381
II. He cannot be forced to declare. Any denial
of communication, intimidation or torture is
prohibited and shall be punished by criminal
law. Any confession made before any authority
other than the Public Prosecutor or the judge
or even before any of them without the assistance
of his counsellor shall have no weight as evidence;
III. He shall be informed in a hearing in open
court, and within the next forty eight hours
immediately following the filing of charges, the
name of his accuser and the cause and nature
of the accusation, so that in such hearing, the
defendant may know the criminal conduct
attributed to him and so that he may respond to
the charges against him, in his preliminary
statement;
IV. At his request he shall be confronted with
the witnesses against him before the judge,
except as provided under subsections V of
Section B of this Article;
V. All witnesses and any other evidence submitted
on his own behalf shall be admitted within the
382 Political Constitution of the United Mexican States
term the Law deems necessary to that end and
he shall be assisted in securing the presence of
those witnesses whose testimony he may
request, provided they are to be found in the
place where the trial is held;
VI. He shall be judged in open court by a judge
or by a jury composed of citizens who can read
and write and who reside in the place and
district where the crime was committed, provided
such crime is punishable with more than one
year of imprisonment. In any case, crimes
committed through the press against public
order or against the Nation’s foreign or domestic
security, shall be tried by a jury;
VII. He shall be furnished with all the information
on record in the proceedings that he shall
request for his defense;
VIII. He shall be tried within a term of four
months in the case of crimes punishable with a
maximum penalty not exceeding two years of
imprisonment; and within a term of one year if
the crime is punishable with a penalty exceeding
Transitory Articles 383
such term, unless he shall request a longer term
for his defense;
IX. From the commencement of proceedings,
he shall be informed of the rights provided to
his benefit by this Constitution and of his right
to an adequate defense, either by himself, by
counsel or by a trusted person. Should he not
wish or should he have no one to appoint as
counsel for his defense, upon being required
to do so, the judge shall appoint him a public
defendant. He shall also be entitled to have his
attorney present in all actions during the
proceedings and he shall have the duty to
appear as often as required by the court; and
X. Prison or detention may never be extended
for failure to pay attorneys’ fees nor any other
monetary obligation, on account of civil liability
or for any other similar cause.
Nor can pretrial detention be extended beyond
the maximum imprisonment term established by
the Law as penalty for the crime charged.
384 Political Constitution of the United Mexican States
Whenever a conviction sentence imposes
imprisonment the term thereof shall start running
from the moment the defendant is arrested.
The constitutional rights set forth in subsections
I, V, VII and IX herein shall also be respected
during the preliminary criminal inquiry, subject
to the terms and under the requirements and
restrictions established by the laws. The provision
in subsection II shall not be subject to any
condition.
B. The victim or the offended party:
I. To receive legal counsel; to be informed of
the rights that the Constitution establishes to
his benefit and whenever he should so require
it, to be informed of the developments of the
criminal proceedings;
II. To assist the Public Prosecutor; to be received
all the information and evidence that he furnishes,
during the preliminary criminal inquiry as well
as during proceedings, and for appropriate
proceedings to be carried out.
Transitory Articles 385
Whenever the Public Prosecutor does not
consider necessary to carry out the proceeding,
he must state the grounds of law and fact
justifying his refusal.
III. To receive urgent medical and psychological
attention, from the moment the crime was
committed.
IV. To recover damages. Whenever it should be
legally admissible, the Public Prosecutor is
obliged to require restitution of damages and
the judge shall not acquit the convict from
making restitution if he shall have imposed on
him a conviction sentence.
The Law shall set forth swift and speedy
procedures to enforce judgments in matters of
recovery of damages.
V. Should the victim or the offended party be
minors, he shall not be required to confront
the defendant face to face, when the crime dealt
with is rape or kidnapping. In such cases, the
depositions shall be taken in the conditions
established by the Law; and
386 Political Constitution of the United Mexican States
VI. To require the injunctions and measures
provided by the Law for his security and
assistance.
Article 21. The imposition of penalties is an
exclusive power to the judiciary. The investigation
and prosecution of crimes is exclusive to the Public
Prosecutor who shall be assisted theretofore by a
police force under his immediate authority and
command. The imposition of sanctions for infractions
to government and police regulations is exclusive
to administrative authorities, whose sanctions shall
consist solely of fines or incarceration for a term
not to exceed thirty six hours. Should the offender
not pay the fine imposed, the fine shall be exchanged
for the corresponding incarceration term, which
shall never exceed thirty six hours.
Should the offender be a labourer, worker or
employee, he may not be fined for an amount
exceeding the sum of his wages for one day.
Should the offender be a non wage worker, the
fine shall not exceed the amount equivalent to one
day of his income.
Transitory Articles 387
The decisions by the Public Prosecutor determining
not to indict and to withdraw from criminal action
may be reviewed by courts under the terms set
forth by the Law.
The President of the Republic may, with the
approval of the Senate in every case, acknowledge
the jurisdiction of the International Criminal Court.
Public security is a function in charge of the
Federation, the Federal District, the States and
the Municipalities, in their respective jurisdictions
as established in this Constitution. The acts of police
institutions shall be governed by the principles of
legality, efficiency, professionalism and honesty.
The Federation, the Federal District, the States and
the Municipalities shall coordinate themselves in
the terms set forth by the Law, in order to establish
a national public security system.
Article 22. Mutilation and infamous penalties, as
well as branding, flogging, beating with sticks, and
torture of any kind, the imposition of excessive
fines, confiscation of property and any other cruel,
388 Political Constitution of the United Mexican States
unusual and transcendental punishments are
prohibited.
The attachment of all or of a portion of a person’s
property made under judicial authority to make
payment of civil liability resulting from the
commission of a crime or for the payment of taxes
or fines, shall not be deemed confiscation of property.
Nor shall the seizure of property ordered by the
judicial authority under the terms provided by
Article 109 in case of illicit enrichment, shall be
deemed confiscation; nor the seizure of goods
owned by a convict for felonies typified as organized
crime, or for those goods in respect to which the
convict acts like an owner, unless the licit origin
of these goods is proven.
The appropriations made in favour of the State of
goods it has secured, which are thereafter deemed
abandoned, in accordance with the terms of
applicable provisions, shall not be deemed
confiscation. The judiciary shall decide to take the
property in favor of the State those goods secured
by cause of an investigation or proceedings for
Transitory Articles 389
organized crime, when such investigation o
proceedings conclude without any resolution in
regards to the goods secured. The judicial decision
shall be issued upon previous proceedings where
third parties are heard and there is enough evidence
to fully establish that a felony typified as organized
crime has been committed. Provided, however, that
the defendant in such investigation or proceedings
possessed, owned or acted as possessor or owner
of such goods, even if said goods were transferred
to third parties, unless the latter prove to be possessors
or owners in good faith.
Article 73. The Congress shall have the powers:
I. To admit new States to the Federal Union;
II. (Repealed).
II. To create new States within the boundaries
of the existing ones, for which it is required:
1° The territorial area or areas seeking to become
a State must have a population of at least one
hundred and twenty thousand inhabitants.
390 Political Constitution of the United Mexican States
2° To prove to the Congress it has sufficient
elements to provide for its political existence.
3° To hear the States Legislatures whose territory
is involved, in respect to the convenience or
inconvenience of establishing the new State,
for which they are required to render their report
within six months from the date the respective
communication was delivered to them.
4° To hear the President of the Republic, who
shall send his report within seven days from
the date it was requested from him.
5° The creation of the new State must be approved
by the votes of two thirds of the Deputies and
Senators present in their respective Houses.
6° The resolution of the Congress must be ratified
by the majority of the States Legislatures, upon
previous examination of the file’s copy, provided
that the States Legislatures which territory is
involved shall have granted their consent.
7° If the States Legislatures whose territory is
involved do not grant their consent; the ratification
Transitory Articles 391
referred in the foregoing section, must be made
by two thirds of the total of the States’ Legislatures.
IV. (Repealed);
V. To change the seat of the Supreme Powers
of the Federation;
VI. (Repealed);
VII. To levy the taxes and government excises
required to cover the budget;
VIII. To establish the grounds under which the
President of the Republic may contract loans on
the Nation’s credit, and to approve said loans,
and acknowledge and order the payment of the
national debt. No loan may be contracted except
for the performance of such works which directly
produce an increase in public revenues, save
for those executed with the purpose of currency
regulation, currency translation transactions, and
those contracted during an emergency declared
by the President of the Republic under the terms
of Article 29. The Congress also has powers to
392 Political Constitution of the United Mexican States
approve annually the amounts of indebtedness
to be included in the Income Law, which are
required by the Government of the Federal
District and its public sector agencies, if any,
according to the base provided in the
corresponding Law. The President of the Republic
shall inform the Congress of the Union annually
about the exercise of said debt, wheretofore
the Chief of Government of the Federal District
shall send his own report in regards to the
application he has made of the respective
resources. The Chief of Government of the
Federal District shall likewise report the foregoing
to the Assembly of the Federal District, when
submitting the government’s accounts:
IX. To prevent the establishment of restrictions
to interstate trade;
X. To legislate for the entire Republic on
hydrocarbons, mining, motion picture industry,
trade, betting games and lotteries, financial
services and banking, nuclear and electric power;
and to enact labor laws regulating Article 123;
Transitory Articles 393
XI. To create and abolish public offices of the
Federation and to establish, increase or reduce
their compensations;
XII. To declare war on the grounds of the
information submitted by the President of
the Republic;
XIII. To enact laws in accordance to which prizes
on sea and land must be declared valid or invalid;
and to enact statutes concerning the law of the
sea for times of peace and war;
XIV. To raise and maintain the armed forces of
the Union, namely: the Army, Navy and Air Force
of the country, and to regulate their organization
and service;
XV. To make regulations with the purpose of
organizing, arming and disciplining the National
Guard, reserving for the citizens composing it,
the appointment of their respective commanders
and officers, and to the States, the power to
train them in accordance with the discipline
established in such regulations;
394 Political Constitution of the United Mexican States
XVI. To enact laws in regard to nationality, legal
status of aliens, citizenship, naturalization,
colonization, emigration and immigration and
general public health of the Republic.
1° The General Health Council shall depend
directly from the President of the Republic,
without intervention from any Secretariat, and
its general provisions shall be mandatory
throughout the country;
2° In case of serious epidemics or danger of
strike of exotic diseases throughout the country,
the Secretariat of Public Health shall be required
to immediately issue any necessary preventive
measures subject to the President of the
Republic’s subsequent approval;
3° The Public health authority is vested with
executive powers, and its provisions shall be
obeyed by the country’s administrative authorities;
4° The measures that the Council has put into
effect in the campaign against alcoholism and
the sale of substances that poison individuals
Transitory Articles 395
or degenerate the human species, as well as
those measures adopted to prevent and fight
against environmental pollution, shall thereafter
be examined by the Congress of the Union in
the cases under its jurisdiction.
XVII. To enact laws concerning general means
of communication and transportation and in
regards to mail and post offices; to enact laws
on the use and enjoyment of waters under
federal jurisdiction;
XVIII. To establish mints, to set forth the standards
of coins, to determine the value of foreign
currencies and to adopt a general system of
weights and measures;
XIX. To establish rules for the occupation and
alienation of vacant lands and to set their prices;
XX. To enact laws for the organization of Mexican
Diplomatic and Consular Service;
XXI. To establish the crimes and offences against
the Federation and to determine the punishments
to be imposed for committing them.
396 Political Constitution of the United Mexican States
Federal authorities may also take cognizance
of crimes under local jurisdiction, when these
are connected with federal crimes;
In concurring matters considered in this
Constitution, federal laws shall establish the
cases in which local authorities shall be able to
solve federal crimes;
XXII. To grant amnesties for crimes within the
jurisdiction of federal courts;
XXIII. To enact laws establishing the bases for
cooperation between the Federation, the Federal
District, the States and the municipalities, in
matters of public security, as well as in respect
to the organization and operation, enrollment,
selection, promotion and honors of members
of public security institutions under federal
jurisdiction;
XXIV. To enact the Law regulating the organization
of the Federation’s Superior Supervising Entity
and any others governing the actions, control
and assessment of the Powers of the Union and
of federal public entities;
Transitory Articles 397
XXV. To establish, organize and maintain
throughout the Republic, rural, elementary,
higher, secondary and professional education
institutions; scientific research, fine arts, and
technical education institutions; agriculture
and mining practice schools, arts and crafts
institutions, museums, libraries, observatories
and other institutions concerning the general
culture of the Nation’s inhabitants and to legislate
on all matters concerning such institutions; to
legislate on matters concerning ruins or fossil
remains, archaeological, artistic and historical
monuments, which conservation is of national
interest; as well as to enact laws aimed at
conveniently distributing between the Federation,
the States and municipalities, the exercise of the
education function and the appropriations
concerning such public service, seeking to unify
and coordinate education throughout the
Republic. The academic degrees issued by
the establishments in question shall be valid
throughout the Republic;
398 Political Constitution of the United Mexican States
XXVI. To grant leave of absence to the President
of the Republic, and to erect itself as an Electoral
College and designate the citizen who is to replace
the President of the Republic either as interim,
provisional or substitute, under the terms set
forth by Articles 84 and 85 of this Constitution;
XXVII. To accept the resignation from office of
the President of the Republic;
XXVIII. To issue laws about governmental
accounting that shall rule public accounting and
the uniform presentation of information about
finances, incomes and expenditures, as well as
patrimonial for the Federation, States,
Municipalities, the Federal District and political-
administrative organs within their territories, to
guarantee their combining with each other
nationwide;
XXIX. To establish taxes and government excises:
1° On foreign trade;
2° On the enjoyment and exploitation of those
natural resources set forth in paragraphs 4 and
5 of Article 27;
Transitory Articles 399
3° On credit institutions and insurance companies;
4° On public services under concession or
directly exploited by the Federation; and
5° Excise taxes on:
a) Electric power;
b) Production and consumption of processed
tobacco;
c) Gasoline and other products derived from
petroleum;
d) Matches;
e) Unfermented juice of the maguey and its
fermented products;
f) Forestry exploitation, and
g) Production and consumption of beer.
The States shall participate in the earnings
generated by these special taxes in the proportion
set forth by federal law. The States Legislatures
shall set the percentage corresponding to the
400 Political Constitution of the United Mexican States
municipalities, in their income from tax over
electric power service;
XXIX-B. To enact legislation with regard to the
elements and use of the National flag, coat of
arms and anthem;
XXIX-C. To enact laws establishing the concurrence
of the Federal Government, the States and the
municipalities, within their respective jurisdictions,
on matters concerning human settlements, in
order to comply with the purposes set forth
under paragraph third of Article 27 of this
Constitution;
XXIX-D. To enact laws in regards to planning
the Nation’s economic and social development,
as well as about statistical and geographical
information of national interest;
XXIX-E. To enact laws to program, promote,
negotiate, and carry out actions of economic
nature, specially the ones related to supply and
any others which purpose is to have a sufficient
and timely production of socially and nationwide
necessary goods and services;
Transitory Articles 401
XXIX-F. To enact any laws aimed at promoting
Mexican investment, regulating foreign investment,
technology transfer and production, diffusion
and application of scientific and technologic
knowledge required for national development;
XXIX-G. To enact laws establishing the concurrence
of the Federal Government, the States and the
municipalities, within their respective jurisdictions,
on matters concerning environmental protection
and preservation and restoration of ecological
balance;
XXIX-H. To enact laws instituting administrative
tribunals vested with full autonomy to issue their
judgments and in charge of settling disputes
between Federal Public Administration and
private persons, and to penalize public servants
charged with administrative responsibility as
provided by the Law, establishing the provisions
for their organization, operation, the proceedings
and the means to review its resolutions;
XXIX-I. To enact laws establishing the bases in
accordance to which the Federation, the States,
402 Political Constitution of the United Mexican States
the Federal District and the municipalities, shall
coordinate their actions in matters of civil
protection; and
XXIX-J. To legislate on matters concerning
sports, establishing general bases to coordinate
the concurrent attributions of the Federation, the
States, the Federal District and the municipalities;
as well as the participation of the private and
social sectors; and
XXIX-K. To enact laws in matters of tourism,
establishing general bases to coordinate the
concurrent powers of the Federation, States,
municipalities, and the Federal District, as well
as the participation of the social and private
sectors;
XXIX-L. To enact laws establishing the concurrence
of the Federal Government, the States and the
Municipalities, within their respective jurisdictions,
on matters concerning fisheries and aquaculture,
as well as the participation of the social and
private sectors; and
Transitory Articles 403
XXIX-M. To enact laws in matters of national
security, establishing the requirements and limits
to the corresponding investigations;
XXIX-N. To issue laws regarding the formation,
organization, functioning and suppression of
cooperatives. These laws shall establish the basis
for the concurrence regarding the promotion and
defensible development of cooperative activity
of the Federation, States and Municipalities, as
well as the Federal District, in the sphere of
their cognizance;
XXX. To enact all laws required to make effective
the foregoing powers, and any other powers
vested on the Powers of the Union by this
Constitution.
Article 115. The States shall adopt for their internal
government, the popular representative and
republican form of government, having as the basis
of their territorial division and political and
administrative organization the Free Municipality,
in accordance to the following principles:
404 Political Constitution of the United Mexican States
I. Each Municipality shall be governed by a
Municipal Council whose members shall be
chosen trough direct election by the people; it
shall be composed of a Major and the number
of Councilmen and legal representatives
established by the Law. The jurisdiction that this
Constitution grants to Municipal government
shall be exercise by the Municipal Council
exclusively and there shall be no intermediate
authority between the latter and the government
of the State.
Majors, legal representatives and councilmen of
Municipal Councils elected trough direct election
by the people, may not be reelected for the
next term. The individuals who by indirect
election or by appointment of a certain authority,
perform duties corresponding to said offices,
no matter how they are called, may not be elected
for the next term. All the officers previously
mentioned, if they shall be incumbents, they
cannot be elected for the next term as alternate
ones, but the individuals who have been
alternate may be elected for the next term as
Transitory Articles 405
incumbents unless they have exercised the
duties of the office.
State Legislatures by resolution of two thirds of
their members may suspend Municipal Councils,
declare that said councils have disappeared and
suspend or revoke the powers of any of its
members, for any of the serious causes set forth
in State law, provided that its members have
had sufficient opportunity to submit evidence
and to submit the arguments they should deem
most convenient.
If any of the members should cease to carry out
his duties, he shall be replaced by his alternate or
action shall be taken in accordance with the Law.
In the event that Municipal Council should be
declared dissolved, by cause of resignations or
by the absolute absence of the majority of its
members, if according to the Law it is not
admissible for the alternates to take office, nor
to summon to new elections, the State Legislatures
shall designate from among the residents, the
Municipal Board that shall serve until the end
406 Political Constitution of the United Mexican States
of the respective terms. Such Municipal Boards
shall be constituted by the number of members
set forth by the Law and must have the
qualifications to be eligible which are set forth
for councilmen;
II. The Municipalities shall be vested with legal
capacity and shall handle their own estate as
provided by the Law.
Municipal Councils shall have powers to approve,
according to the laws on municipal affairs which
the State Legislatures must enact, the police and
government ordinances, administrative orders
and provisions of general observance within
their respective jurisdiction, which shall organize
public municipal administration, regulate
municipal affairs, procedures, public functions
and public services under their jurisdiction and
which shall assure the participation of citizens
and residents.
The purpose of the laws referred under the
foregoing paragraph shall be to establish:
Transitory Articles 407
a) The general bases for Municipal public
administration and administrative procedure,
including review procedures and bodies to
decide disputes between said administration and
private persons, subject to the principles of
equality, publicity, due process and legality;
b) Cases requiring agreement of two thirds of
Municipal Council members, in order to issue
resolutions affecting Municipal real estate
property and to execute acts or agreements which
are binding for the Municipality for a larger term
than the term of Municipal Council;
c) General provisions to execute the agreements
set forth under sections III and IV of this Article
as well as in the second paragraph of section
VII of Article 116 of this Constitution;
d) The procedure and conditions for the State
government to take upon itself a duty or service
that is attributed to the Municipal Council when,
not having the corresponding agreement, the
State Legislature should consider that it is not
possible for the Municipality to perform them
408 Political Constitution of the United Mexican States
or provide them. In this case, it shall be necessary
a previous request from the respective Municipal
Council, approved by at least two thirds of its
members; and
e) Applicable provisions in those Municipalities
which do not have the corresponding government
ordinances or regulations.
State Legislatures shall issue the provisions
establishing the proceedings to solve the conflicts
arising between the Municipalities and the State
government or between Municipalities themselves,
by cause of actions resulting from the premises
under subsections c) and d) hereinbefore;
III. The Municipalities shall be in charge of the
following duties and public services:
a) Drinking water, drainage, sewage, treatment
and disposal of waste water;
b) Street lightning;
c) Cleaning, collection, transfer, treatment and
final disposal of solid waste;
Transitory Articles 409
d) Markets and supply centers;
e) Cemeteries;
f) Slaughterhouses;
g) Streets, parks and gardens and their furnishings;
h) Public security, in the terms set forth by Article
21 of this Constitution, Municipal and traffic
police; and
i) Any other that State Legislatures shall establish
in accordance with the social, economic and
territorial conditions of the Municipalities, as well
as with their administrative and financial capacity.
Regardless of their constitutional jurisdiction, in
the discharge of their duties or the provision
of the services entrusted to them, the
Municipalities shall abide by the provisions of
Federal and State laws.
The Municipalities, upon previous agreement,
between their Municipal Councils, may coordinate
among themselves and associate in order to
provide more efficient public services or to
410 Political Constitution of the United Mexican States
perform their corresponding duties in a better
manner. In this case and in the event of an
association of Municipalities from two or more
States, such Municipalities must have the
approval of their respective States Legislatures.
Likewise, when the respective Municipal Council
should consider it necessary, it may execute
agreements with the State so that the latter, in a
direct manner or through the corresponding
body, shall take care in a temporary manner, of
some of the aforementioned duties and public
services, or so that they may be provided or
performed in a coordinated manner by the State
and the Municipality itself;
Indigenous communities within the Municipal
scope may coordinate and establish associations
under the terms and for the purposes set forth
by the Law.
IV. Municipalities shall freely administer their
treasuries, which shall be composed with the
revenues of the estates that they own, as well
as with such taxes and government charges and
Transitory Articles 411
any other income that the Legislatures should
establish to their benefit and in any case:
a) They shall receive such taxes and duties,
including additional rates, which the State shall
establish on real estate property, on its division,
consolidation, transfer and improvement, as well
as any others that result from a change in the
value of real estate property.
Municipalities may celebrate agreements with
the State so that the latter may perform certain
functions related with the management of such
taxes and government charges.
b) The Federal grants which shall be covered
to Municipalities by the Federation, in accordance
with the bases, amounts, and terms which are
annually established by the States Legislatures.
c) Income from public services in charge of the
Municipality.
Federal laws shall not restrict the powers of the
States to establish those taxes and government
412 Political Constitution of the United Mexican States
charges provided under subsections a) and c),
nor shall they grant exemptions in relation to
thereof. State laws shall not establish exemptions
or subsidies in favor of any person or institution
in respect to said taxes and government charges.
Only the property of the Federation, the States or
the Municipalities considered as public domain,
shall be exempt, unless they are used by
decentralized agencies or Government controlled
corporations or by private persons under any
title, for administrative purposes or for purposes
different than their public object.
The Municipalities, within the scope of their
jurisdiction, shall propose to the State Legislatures
the quotas and rates applicable to taxes, duties,
public works taxes, and cadastral catalogue of
land and constructions values, used as the basis
for taxes and government charges on real estate
property.
State Legislatures shall approve the income laws
of the Municipal governments and shall review
and supervise their public accounts. The
Transitory Articles 413
expenditure budgets shall be approved by
Municipal Councils under the grounds of their
available income.
The resources constituting the Municipal treasury
shall be applied by Municipal Councils or by
whoever they shall authorize, in accordance
with the Law.
V. Municipalities, under the terms provided by
their respective Federal and States laws, shall
have the powers to:
a) Prepare, approve and administer the urban
municipal development plan and municipal
zoning;
b) To participate in the creation and management
of their territorial reserves;
c) To participate in the creation of regional
development plans which must be in accordance
with the general plans on the subject matter.
Whenever the Federation or the States should
make regional development projects they must
assure the Municipalities’ participation;
414 Political Constitution of the United Mexican States
d) To authorize, control and supervise the regime
applicable to the use of land, within the scope
of its jurisdictions and within its territory;
e) To intervene in the legalization of urban land
tenure;
f) To grant construction permits and licenses;
g) To participate in the creation and management
of natural preserve areas, and to prepare and
apply programs to regulate and organize these
issues;
h) To intervene in the preparation and application
of programs for public transportation of passengers
when these affect the scope of their territory; and
i) To enter into agreements to administrate and
guard federal zones.
In all applicable matters and in accordance with
the purposes set forth in paragraph third of
Article 27 of this Constitution, they shall issue
any necessary regulations and administrative
provisions.
Transitory Articles 415
VI. Whenever two or more urban centers located
in the Municipal territories from two or more
States, should constitute or tend to constitute a
demographic continuity, the Federation, the
respective States and the Municipalities, within
the scope of their respective jurisdictions, shall
plan and regulate in a joint and coordinated
manner, the development of said centers in
accordance with provisions of the Federal law
on the subject matter.
VII. Preventive police shall be under the
municipal president’s command in the terms of
the local Law of Public Security. Said police shall
obey the orders given by the Governor of the
State in those cases which he considers of
superior force or grave alteration of public order.
The President of the Republic shall have command
of public forces in the places where he resides
regularly or temporarily;
VIII. State laws shall introduce the principle of
proportional representation in the election of
the Municipal Councils of all the Municipalities.
416 Political Constitution of the United Mexican States
Labor relations between the Municipalities and
their workers, shall be governed by the laws
issued by the State Legislatures on the grounds
of the provisions of Article 123 of this Constitution
and its regulatory provisions;
IX. (Repealed).
X. (Repealed).
Article 123. Every person has the right to have a
dignified and socially useful job; to that end the
creation of jobs and the organization of society for
work shall be encouraged, in accordance with the
Law.
The Congress of the Union, without contravening
the following bases, will enact labor laws which
shall govern:
A. Between workers, laborers, domestic employees,
craftsmen and in general, in every labor contract:
I. The maximum working shift shall be eight hours;
II. The maximum working shift on night shall
be seven hours. Unhealthy and hazardous work,
Transitory Articles 417
nightshifts in industrial enterprises and any other
work after ten o’clock at night, are prohibited
for minors under sixteen years old;
III. It is forbidden to use the labor of minors under
fourteen years. Minors over fourteen and
under sixteen years old shall have a maximum
working shift of six hours;
IV. For every six days of work the worker is
entitled to at least, one day of rest;
V. Pregnant women shall not perform jobs which
demand considerable effort and endanger their
health in respect to their pregnancy. They shall
have a mandatory paid time off of six week before
the date approximately set for the delivery of
their child, and for another six week term
thereafter, during which they must be paid their
salary in full and shall keep their job and the
rights acquired there from. During their nursing
period they shall have two additional rest
periods per day, of half an hour each, to feed
their children;
418 Political Constitution of the United Mexican States
VI. The minimum wages that workers will enjoy
shall be general or occupational. General wages
shal l govern in f ixed geographic areas;
occupational wages apply to particular sectors
of an industry or commercial activity, or to certain
occupations, trades or specialized work.
General minimum wages must be sufficient to
satisfy the normal material, social and cultural
needs of the head of a household, and to provide
for the mandatory education of his children.
Occupational minimum wages shall be established
considering, in addition, the conditions of the
different economic activities.
Minimum wages shall be set by a National
Commission constituted by representatives of
workers, employers and government, which may
be assisted by those special advisory committees
it should deem necessary for the better
performance of its duties;
VII. The same salary shall be paid for the same
work, regardless of sex or nationality;
Transitory Articles 419
VIII. Minimum wages shall be exempted from
attachments, set-off or discount;
IX. Workers are entitled to participate in the
profits of businesses,46 subject to the following
provisions:
a) A National Commission constituted with
representatives of workers, employers and the
Government shall establish the percentage of
profits which must be distributed among the
workers;
b) The National Commission shall carry out any
necessary and appropriate research and studies
to know the general conditions of the country’s
economy. It shall likewise consider the need to
promote the country’s industrial development,
the reasonable returns that capital must earn
and necessary capital reinvestments;
c) Said Commission may review the percentage
set should any new research and studies justify it;
d) The Law may exempt newly created companies
from the duty of profit sharing during a certain
420 Political Constitution of the United Mexican States
and limited number of years, and may also exempt
works of exploration and other activities whenever
their nature and particular conditions justify it;
e) The basis to determine the amount of each
company’s profits will be the taxable income in
accordance with the provisions of Income Tax
Law. Workers may file before the corresponding
office of the Secretariat of Finance and Public
Credit,47 any objections they should deem
convenient, subject to the procedure established
by the Law;
f) Workers’ right to profit sharing does not imply
the power to intervene in the management or
direction of the business.
X. Wages must be paid precisely in currency of
legal tender, and it is not permitted to pay them
with merchandise, coupons, tokens or any other
representative sign intended as a substitute for
currency;
XI. When, due to extraordinary circumstances,
working hours must be extended; the salary to
Transitory Articles 421
be paid for overtime shall be 100% more than
the amount fixed for regular hours. Overtime
may never exceed three hours per day nor three
consecutive times. Minors under sixteen years
old may not be admitted to these types of jobs;
XII. All agricultural, industrial, mining business
or any other kind of business shall have the
duty, as set forth in Laws, to provide its workers
with comfortable and sanitary housing. This
obligat ion shal l be discharged with the
contributions made by the businesses to a
national housing fund with the purpose of
constituting deposits to the benefit of their
workers and of establishing a financing system
to provide the workers with sufficient and
inexpensive loans so that they may acquire in
ownership the dwellings mentioned.
The enactment of a law to institute a body
constituted by representatives of the Federal
Government, the workers and of the employers,
to manage the resources of the national housing
fund, is of social benefit. Said law shall regulate
422 Political Constitution of the United Mexican States
the formalities and procedures in accordance
to which the workers may acquire in ownership
the dwellings hereinbefore mentioned.
The businesses referred under paragraph first
of this section, which are located outside villages,
shall have the duty to establish schools, health
clinics and other services necessary for the
community.
Additionally, whenever the population in such
workplaces shall exceed two hundred inhabitants,
a tract of land of no less than five thousand
square meters, must be reserved for the
establishment of public markets, buildings
intended for municipal services and recreation
centers.
Establishments that sell liquors and gambling
houses are prohibited in all workplaces;
XIII. Businesses, whatever their activity, shall
have the duty to provide their workers with skills
or training for the job. The Law shall establish
the systems, methods and procedures in
Transitory Articles 423
accordance to which employers must comply
with said obligation;
XIV. Employers shall be liable for labor accidents
and for occupational diseases suffered by
workers in relation or by cause of the profession
they exercise or of the job they do. Therefore,
employers shal l pay the corresponding
indemnification, whether for the death or
temporary or permanent disability to work, in
accordance with the provisions of the Law. This
liability shall survive even when the employer
shall contract the work through an intermediary;
XV. According to the nature of his business, the
employer shall have the duty to comply with
legal provisions regarding hygiene and safety
in the facilities of his establishment, and to adopt
adequate safeguards to prevent accidents in the
use of machines, instruments and materials of
labor, as well as to organize labor in such way
as to ensure the greatest possible guarantee for
the health and safety of workers, and of unborn
children, in the case of pregnant women. The
424 Political Constitution of the United Mexican States
laws shall provide, to that end, the appropriate
sanctions in each case;
XVI. Workers as well as employers shall be
entitled to organize themselves for the defense
of their respective interests, by constituting
unions, professional associations, etc;
XVII. The laws recognize strikes and lockouts
as rights of workers or employers;
XVIII. Strikes shall be lawful when their purpose
is the attainment of balance between the
different factors of production, by harmonizing
the rights of labor with those of capital. In public
services, it shall be mandatory for workers to
give notice, ten days in advance, to the Board
of Conciliation and Arbitration, in regards to
the date established for the suspension of work.
Strikes shall be considered illegal only when
the majority of the strikers shall engage in acts
of violence against persons or property, and
in the event of war, should they work in
establishments or services depending of the
government;
Transitory Articles 425
XIX. Lockouts shall be lawful only when an
excess of production shall render it necessary
to suspend operations in order to maintain prices
at a reasonable level over costs, and subject to
the previous approval of the Board of
Conciliation and Arbitration;
XX. Conflicts between capital and labor shall
be subjected for settlement, to the award issued
by the Board of Conciliation and Arbitration,
which shall composed by an equal number of
representatives of workers and of employers and
one of the government;
XXI. Should the employer refuse to submit his
disagreements to arbitration or to accept the
award rendered by the Board, the labor contract
shall be terminated and he shall be obliged to
indemnify the worker with three months’ wages,
in addition to the liabilities resulting from the
dispute. This provision shall not apply in cases
of the actions referred under the following
section. Should the workers reject the award,
the labor contract shall be terminated;
426 Political Constitution of the United Mexican States
XXII. An employer who dismisses a worker
without justifiable cause or for having joined
an association or union, or for having taken a
part in a lawful strike, shall be required, at the
election of the worker, either to perform the
contract or to indemnify him with the payment
of three months’ wages. The Law shall establish
the cases where the employer may be exempted
from the obligation of performing the contract
by paying an indemnity. Likewise, the employer
shall be obliged to indemnify the worker with
the wages of three months, if the latter shall
leave his job on account of the employer’s lack
of good faith or mistreatment either as to his own
person, or that of his spouse, parents, children,
or siblings. The employer cannot be exempted
from this liability when the mistreatment is
inflicted by subordinates or members of his
family acting with his consent or knowledge;
XXIII. Claims of workers for wages or salaries
earned during the preceding year and for
indemnifications shall have preference over
Transitory Articles 427
any other claims in cases of bankruptcy or
composition;
XXIV. Only the worker is liable for any debts
has contracted with his employer, or the latter’s
associates, family or dependents, and never for
any cause may payment there for be exacted
from members of the worker’s family, nor shall
said debts be claimed for an amount exceeding
the wages of the worker for one month;
XXV. Employment placement services shall be
free of charge for workers, whether they are
provided by a municipal office, by employment
bureaus or any other public or private agency.
When providing this service the demand for jobs
shall be taken into account and, in equal
conditions, the individuals who are the only
income source for their family shall have
preference;
XXVI. Any labor contract between a Mexican
citizen and a foreign employer must be legalized
before the competent municipal authority and
428 Political Constitution of the United Mexican States
bear visa by the consul of the nation to which
the worker is to go, in the understanding that,
in addition to the usual clauses, it shall clearly
provide that repatriation expenses shall be born
by the contracting employer;
XXVII. The following stipulations shall be null
and void and not binding for any of the contracting
parties, even if set forth in the contract:
a) Those providing for inhuman working shift
on account of its notorious excessiveness, in
view of the nature of the work;
b) Those providing for a salary which is not
remunerative in the judgment of the Board of
Conciliation and Arbitration;
c) Those providing a term of more than one
week for the payment of a daily wages;
d) Those providing as the place to pay wages,
an amusement place, a restaurant, cafe, tavern,
canteen, or store, when the employee does not
work in such establishments;
Transitory Articles 429
e) Those involving a direct or indirect obligation
to purchase consumption goods in certain stores
or places;
f) Those permitting to withhold wages by way
of fines;
g) Those constituting a waiver by the worker of
indemnifications to which is entitled by cause
of labor accidents or occupational diseases,
damages for breach of contract or for being
discharged from a job;
h) Any other provisions implying a waiver of
any of the rights vested in the worker by the
laws to protect and help workmen;
XXVIII. The laws shall establish what property
constitutes the family patrimony. These goods
shall be inalienable, not subject to mortgage or
attachment, and may be bequeathed with
simplified formalities in succession proceedings;
XXIX. The enactment of a Social Security Law
is of public interest and it shall include insurance
against disability, old age, life, unemployment,
430 Political Constitution of the United Mexican States
illness and accidents, child day care, and any
other intended for the protection and welfare
of workers, peasants, non-salaried persons and
other social sectors and their families;
XXX. Likewise, cooperative associations for the
construction of cheap and sanitary dwelling
houses, intended to be acquired in ownership
by workers within certain periods, shall be
considered of social utility;
XXXI. Enforcement of labor laws pertains to the
authorities of the States within their respective
jurisdictions, except for the following matters
which are under the exclusive jurisdiction of
federal authorities:
a) In relation to industrial branches and services:
1. Textile;
2. Electric power;
3. Motion pictures;
4. Rubber;
5. Sugar;
Transitory Articles 431
6. Mining;
7. Metallurgical and steel, including exploitation
of basic minerals, and their processing and
smelting, as well as the manufacture of metallic
iron and steel in all their forms and alloys, and
the rolled products there of;
8. Hydrocarbons;
9. Petrochemical;
10. Cement;
11. Lime;
12. Automobiles, including electric or mechanical
automobile parts;
13. Chemical, including pharmaceutical and
medical chemicals;
14. Cellulose and paper;
15. Vegetable oils and fats;
16. Food processing, including only the
manufacture of bottled, canned or packed food
or of those intended there for;
432 Political Constitution of the United Mexican States
17. Manufacture of bottled or canned beverages
or of those intended there for;
18. Railroads;
19. Basic lumbering, which includes the
production of sawmills, and the manufacture of
plywood or agglutinated wood products;
20. Glass, exclusively in respect to the manufacture
of plain, carved or flat glass, or of glass containers;
21. Tobacco, which includes the processing and
manufacture of tobacco products; and
22. Banking and credit services.
b) Business Enterprises:
1. The ones decentralized or administered directly
by the Federal Government;
2. Those acting through a federal contract or
concession and the industrial enterprises in
connection thereto;
Transitory Articles 433
3. Those carrying out works in federal zones or
zones under federal jurisdiction, in waters of
territorial sea, or those comprised within the
Nation’s exclusive economic zone.
Federal authorities also have under their
exclusive jurisdiction: the application of labor
provisions in matters relating to conflicts
affecting two or more States; collective labor
contracts which have been declared mandatory
in more than one State;48 employers’ obligations
in educational matters, under the terms set forth
by the Law; and in respect to employers’ duties
in matters of on the job training courses for
their workers, as well as safe and sanitary
conditions in work centers, for which federal
authorities shall have the support of State
authorities, when dealing with branches or
activities under local jurisdiction, as provided
by the corresponding Law.
B. Between the Powers of the Union, the
Government of the Federal District and its
workers:
434 Political Constitution of the United Mexican States
I. The maximum working shift and nightshift
shall be of eight and seven hours, respectively.
Exceeding hours shall be overtime and shall be
paid an additional 100% over the remuneration
fixed for regular services. In no case may overtime
work exceed three hours daily nor three
consecutive times;
II. For every six days of work the worker is
entitled to at least, one day of rest; with full
payment of wages;
III. Workers shall enjoy vacations which shall
never be less than twenty days per year;
IV. The wages shall be fixed in the respective
budgets, and their amount may not be reduced
while such budgets are in force;
Salaries may never be inferior to general minimum
wages for workers in the Federal District and in
the States;
V. The same salary shall be paid for the same
work, regardless of sex;
Transitory Articles 435
VI. Withholdings, discounts, deductions or
attachments over wages may only be made in
the cases provided by the laws;
VII. The appointment of personnel shall be
made by systems which permit the assessment
of the skills and aptitudes of applicants. The State
shall organize schools of Public Administration;
VIII. Workers shall be entitled to rights of
classification scale so that promotions may be
made on the grounds of skills, aptitudes and
seniority. Under the same conditions, the
individual representing the only source of
income for his family shall have preference;
IX. Workers may only be suspended or dismissed
for a cause, under the terms provided by the Law.
In the event of wrong discharge the worker has
the right to chose between reinstatement in his
work or the corresponding severance payment,
upon previous legal proceedings. In the case
of cancelled posts, the affected workers shall
be entitled to obtain another job equivalent to
436 Political Constitution of the United Mexican States
the one cancelled or to the indemnification
payment established by the Law;
X. Workers have the right to associate for the
defense of their common interests. They may
likewise exercise their right to strike upon
previous fulfillment of the requirements set forth
by the Law, in respect to one or several agencies
of Government Powers, whenever the rights
vested on them by this Article are infringed in
a general and systematic manner.
XI. Social security shall be organized in accordance
with the following minimum bases:
a) It shall cover labor accidents and occupational
diseases; non-occupation illnesses and maternity;
retirement, disability, old age and death.
b) In case of accident or illness, the right to the
job shall be retained for the time set forth by
the Law.
c) Pregnant women shall not perform jobs which
demand considerable effort and endanger their
Transitory Articles 437
health in respect to their pregnancy. They shall
have a mandatory paid time off of one month
before the date approximately set for the delivery
of their child, and for another two months term
there after, during which they must be paid their
salary in full and keep their job and the rights
acquired there from. During their nursing period
they shall have two additional rest periods per
day, of half an hour each, to feed their children.
In addition they shall enjoy medical and obstetrical
attention, medications, nursing aids; and childcare
services.
d) Members of the workers’ family must be
entitled to medical assistance and medications,
in the cases and in the proportion established
by the Law.
e) Vacation and rehabilitation centers, as well
as economy stores for the benefit of workers
and their families shall be established.
f) Workers shall be provided with low cost
housing for rent or sale in accordance with the
programs previously approved there to fore.
438 Political Constitution of the United Mexican States
Additionally, the State shall establish a national
housing fund with the contributions it shall
make, with the purpose of constituting deposits
to the benefit of said workers and to establish a
financing system to provide the workers with
sufficient and inexpensive loans so they may
acquire in ownership comfortable and sanitary
housing, or to build, repair, or improve their home
or to pay loans acquired there for.
The contributions for such fund shall be paid
to the agency in charge of social security. The
formalities and procedure in accordance to
which such fund shall be managed and to which
the corresponding credits must be granted and
adjudged, shall be govern by its law and by
any other applicable laws;
XII. Individual and collective labor disputes, as
well as disputes between trade unions must be
submitted to the Federal Conciliation and
Arbitration Board for Government Employees,49
which shall be constituted as provided in the Law.
Transitory Articles 439
Disputes between the Judicial Power of the
Federation and its employees shall be settled
by the Council of the Federal Judiciary. Disputes
between the Supreme Court of Justice and its
employees shall be decided by the latter;
XIII. Military and navy personnel, members of
the Foreign Service,50 agents of the Public
Prosecutor and members of police institutions
shall be governed by their own laws.
The State shall provide active members of the
Army, Air Force and Navy, the benefits under
subsection f) of section XI of Subdivision B of
this Article, in similar terms and through the
agencies in charge of providing social security
services for the members of said institutions; and
Members of police agencies of the Municipalities,
the States, the Federal District, and the Federation,
may be removed from office whenever they do
not fill the qualifications to continue in their
job, as provided by the laws in force at the moment
of their removal. In such event, the reinstatement
or restitution in office shall not be admissible,
440 Political Constitution of the United Mexican States
regardless of the proceeding or remedy brought
forth to dispute the removal and only a severance
indemnification shall be admissible, if appropriate.
The removal of any other public officers referred
in this section shall be subject to applicable legal
provisions.
XIII BIS. The central bank and the agencies of
Federal Public Administration which comprise
the Mexican Banking System shall govern their
labor relations with their employees in accordance
to the provisions set forth in this Subdivision of
this Article;
XIV. The Law shall determine the offices to be
considered positions of non-tenure. The
individuals holding those positions shall be
entitled to salary protection measures and social
security benefits.
DECREE OF REFORMS AND ADITIONS OF SEVERAL ARTICLES OF THE POLITICAL CONSTITUTION OF THE UNITED MEXICAN STATES, PUBLISHED ON THE OFFICIAL GAZETTE OF THE FEDERATION ON JUNE 18TH 2008.
SOLE ARTICLE. ARTICLES 16, 17, 18, 19, 20, 21 AND 22; SECTIONS XXI AND XXIII OF ARTICLE 73; SECTION VII OF ARTICLE 115 AND SECTION XIII OF ARTICLE 123, SUBSECTION B), OF THE POLITICAL CONSTITUTION OF THE UNITED MEXICAN STATES, ARE REFORMED AS FOLLOWS:
TRANSITORY ARTICLES
First. The present Decree shall be enforced the
day after it has been published in the Diario Oficial
de la Federación, with the exception of that
established in the following transitory articles.
Second. The accusatory criminal system established
in articles 16, second and thirteenth section; 17,
third, fourth, and sixth; 19; 20 and 21, seventh
the Constitution, will be enforced when the
corresponding ordinary legislation establishes it,
without this being able to exceed a term of eight
441
442 Political Constitution of the United Mexican States
years, starting the next day of the publication of
this Decree.
Therefore, the Federation, States, and Federal
District, in their respective jurisdictions, shall issue
and enforce the modifications or legal orders that
are necessary for the incorporation of the accusatory
criminal system. The Federation, States, and Federal
District will adopt the accusatory criminal system
in the modality they determine, be it regional or
according to the crime as defined by Law.
When the legal orders mentioned in the previous
paragraph are published, the competent legislative
powers or organs shall issue, as well, a declaration
that shall be published in the official organs of
promotion, which shall explicitly express that the
accusatory criminal system has been incorporated
to such orders and that, therefore, the guarantees
that this Constitution establishes will begin to
regulate the form and terms in which criminal
proceedings will be carried out.
Third. Regardless of that established in the second
transitory article, the accusatory criminal system
Transitory Articles 443
established in articles 16, second section and
thirteenth; 17, third, fourth, and sixth sections; 19;
20 and 21, seventh section of the Constitution, shall
be enforced the day after this Decree has been
published in the Diario Oficial de la Federación in
the federal entities that already have it incorporated
in their current legal systems, being fully valid the
procedural acts practiced that are based on such
systems, regardless of the time that they went into
force. For such an effect, they shall issue the
declaration established in the second transitory
article.
Fourth. The criminal proceedings initiated prior
to the enforcement of the new accusatory criminal
system established in articles 16, second section
and thirteenth; 17, third, fourth, and sixth section;
19; 20 and 21, seventh section of the Constitution,
will be concluded according to the provisions that
were in force prior to such an act.
Fifth. The new reintegration system established in
the second section of article 18, as well as the
regime of modification and duration of penalties
444 Political Constitution of the United Mexican States
established in the third section of article 21, shall
be enforced when the corresponding ordinary
legislation establishes it, without this being able to
exceed the term of three years, starting the day
after the publication of this Decree.
Sixth. Organized crime laws of the federal entities
shall continue to be enforced until the Congress
of the Union exercises the power established in
article 73, subsection XXI, of this Constitution. The
criminal proceedings initiated with a base on such
laws, as well as the sentences issued with a base
on such laws, shall not be affected by the enforcement
of the federal legislation. Therefore, they shall be
concluded and executed, respectively, according
to the provisions that were in force before the
enforcement of the latter.
Seventh. The Congress of the Union, within sixth
months after this Decree has been published, shall
issue the law that establishes the National System
of Public Safeity. The federal entities shall issue,
within a year after this Decree has been published,
the laws of this matter.
Transitory Articles 445
Eight. The Congress of the Union, the Legislatures
of the states, and the legislative organ of the Federal
District shall destine the necessary resources to the
reform of the criminal justice system. The budget
accounts shall be established in the budget that
immediately follows the enforcement of this decree
and in the subsequent budgets. This budget shall
be destined to the design of legal reforms,
organizational changes, construction and operation
of infrastructure, and the necessary training for
judges, agents of the Public Prosecutor, police
officers, defenders, experts, and attorneys.
Ninth. Within the two months following the
enforcement of this Decree, an instance of
coordination shall be created, integrated with
representatives of the Executive, Legislative, and
Judicial Branches, the academic sector, and civil
society, as well as Conferences of Public Safety,
Administration of Justice, and Presidents of Courts,
which shall have a technical secretariat that will
aid and support local and federal authorities
whenever they request it.
446 Political Constitution of the United Mexican States
Tenth. The Federation shall create a special fund
for the financing of the activities of the technical
secretariat established in the ninth transitory article.
The funds shall be assigned based on the abidance
of the obligations and the ends established by Law.
Eleventh. As soon as the accusatory criminal
system is enforced, the agents of the Public
Prosecutor determined by law may petition the
judge to order the house arrest of a suspect when
it comes to felonies and for a term that does not
exceed forty days.
This measure will proceed as long as it is necessary
for the success of the investigation, the protection
of persons or legal goods, or when there is a founded
risk that the suspect will evade the action of justice.
BIBLIOGRAPHY
Becerra, Javier F., Dictionary of Mexican Legal
Terminology, México, Escuela Libre de Derecho, 1999.
Campbell Black, Henry, Black’s Law Dictionary, 6th
ed., St. Paul, Minnesota, Abridged, West Publishing
Co., 1991.
Garner, Bryan A., A Dictionary of Modern Legal Usage,
New York, USA, Oxford University Press, 1984.
Hoagland, Alexander C., Company Formation in
Mexico, Section F Labour Laws, London, Lloyds
Bank International Ltd., 1980.
Solis, Gerardo & Gasteazoro, Raul A., Diccionario
Legal Español-Inglés/Inglés-Español, St. Paul,
Minnesota, West Publishing, Co., 1992.
447
448 Political Constitution of the United Mexican States
West III, Thomas L., Spanish English Dictionary of
Law and Business, Atlanta, Georgia, Protea
Publishing, 1999.
- Título Primero
- Título Segundo
- Título Tercero
- Título CuartoDe las Responsabilidades de los Servidores Públicos y Patrimonial del Estado
- Título Quinto De los Estados de la Federación y del Distrito Federal
- Título Sexto Del Trabajo y de la Previsión Social
- Título Séptimo Prevenciones Generales
- Título Octavo De las Reformas de la Constitución
- Título Noveno De la Inviolabilidad de la Constitución
- Artículos Transitorios
CÁMARA DE DIPUTADOS DEL H. CONGRESO DE LA UNIÓN Última Reforma DOF 29-07-2010
Secretaría General Secretaría de Servicios Parlamentarios Centro de Documentación, Información y Análisis
TEXTO VIGENTE
Última reforma publicada DOF 29-07-2010
El C. Primer Jefe del Ejército Constitucionalista, Encargado del Poder Ejecutivo de la Nación, con esta fecha se ha servido dirigirme el siguiente decreto:
VENUSTIANO CARRANZA, Primer Jefe del Ejército Constitucionalista, Encargado del Poder Ejecutivo de los Estados Unidos Mexicanos, hago saber:
Que el Congreso Constituyente reunido en esta ciudad el 1o. de diciembre de 1916, en virtud del decreto de convocatoria de 19 de septiembre del mismo año, expedido por la Primera Jefatura, de conformidad con lo prevenido en el artículo 4o. de las modificaciones que el 14 del citado mes se hicieron al decreto de 12 de diciembre de 1914, dado en la H. Veracruz, adicionando el Plan de Guadalupe, de 26 de marzo de 1913, ha tenido a bien expedir la siguiente:
CONSTITUCION POLITICA DE LOS ESTADOS UNIDOS MEXICANOS QUE REFORMA LA DE 5 DE FEBRERO DE 1857
Título Primero
Artículo 1o. En los Estados Unidos Mexicanos todo individuo gozará de las garantías que otorga esta Constitución, las cuales no podrán restringirse ni suspenderse, sino en los casos y con las condiciones que ella misma establece.
Está prohibida la esclavitud en los Estados Unidos Mexicanos. Los esclavos del extranjero que entren al territorio nacional alcanzarán, por este solo hecho, su libertad y la protección de las leyes.
Queda prohibida toda discriminación motivada por origen étnico o nacional, el género, la edad, las discapacidades, la condición social, las condiciones de salud, la religión, las opiniones, las preferencias, el estado civil o cualquier otra que atente contra la dignidad humana y tenga por objeto anular o menoscabar los derechos y libertades de las personas.
Artículo 2o. La Nación Mexicana es única e indivisible.
La Nación tiene una composición pluricultural sustentada originalmente en sus pueblos indígenas que son aquellos que descienden de poblaciones que habitaban en el territorio actual del país al iniciarse la colonización y que conservan sus propias instituciones sociales, económicas, culturales y políticas, o parte de ellas.
La conciencia de su identidad indígena deberá ser criterio fundamental para determinar a quiénes se aplican las disposiciones sobre pueblos indígenas.
CÁMARA DE DIPUTADOS DEL H. CONGRESO DE LA UNIÓN Última Reforma DOF 29-07-2010
Secretaría General Secretaría de Servicios Parlamentarios Centro de Documentación, Información y Análisis
Son comunidades integrantes de un pueblo indígena, aquellas que formen una unidad social, económica y cultural, asentadas en un territorio y que reconocen autoridades propias de acuerdo con sus usos y costumbres.
El derecho de los pueblos indígenas a la libre determinación se ejercerá en un marco constitucional de autonomía que asegure la unidad nacional. El reconocimiento de los pueblos y comunidades indígenas se hará en las constituciones y leyes de las entidades federativas, las que deberán tomar en cuenta, además de los principios generales establecidos en los párrafos anteriores de este artículo, criterios etnolingüísticos y de asentamiento físico.
A. Esta Constitución reconoce y garantiza el derecho de los pueblos y las comunidades indígenas a la libre determinación y, en consecuencia, a la autonomía para:
I. Decidir sus formas internas de convivencia y organización social, económica, política y cultural.
II. Aplicar sus propios sistemas normativos en la regulación y solución de sus conflictos internos, sujetándose a los principios generales de esta Constitución, respetando las garantías individuales, los derechos humanos y, de manera relevante, la dignidad e integridad de las mujeres. La ley establecerá los casos y procedimientos de validación por los jueces o tribunales correspondientes.
III. Elegir de acuerdo con sus normas, procedimientos y prácticas tradicionales, a las autoridades o representantes para el ejercicio de sus formas propias de gobierno interno, garantizando la participación de las mujeres en condiciones de equidad frente a los varones, en un marco que respete el pacto federal y la soberanía de los estados. VI. Acceder, con respeto a las formas y modalidades de propiedad y tenencia de la tierra establecidas en esta Constitución y a las leyes de la materia, así como a los derechos adquiridos por terceros o por integrantes de la comunidad, al uso y disfrute preferente de los recursos naturales de los lugares que habitan y ocupan las comunidades, salvo aquellos que corresponden a las áreas estratégicas, en términos de esta Constitución. Para estos efectos las comunidades podrán asociarse en términos de ley.
VII. Elegir, en los municipios con población indígena, representantes ante los ayuntamientos.
Las constituciones y leyes de las entidades federativas reconocerán y regularán estos derechos en los municipios, con el propósito de fortalecer la participación y representación política de conformidad con sus tradiciones y normas internas.
VIII. Acceder plenamente a la jurisdicción del Estado. Para garantizar ese derecho, en todos los juicios y procedimientos en que sean parte, individual o colectivamente, se deberán tomar en cuenta sus costumbres y especificidades culturales respetando los preceptos de esta Constitución. Los indígenas tienen en todo tiempo el derecho a ser asistidos por intérpretes y defensores que tengan conocimiento de su lengua y cultura.
Las constituciones y leyes de las entidades federativas establecerán las características de libre determinación y autonomía que mejor expresen las situaciones y aspiraciones de los pueblos indígenas en cada entidad, así como las normas para el reconocimiento de las comunidades indígenas como entidades de interés público.
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B. La Federación, los Estados y los Municipios, para promover la igualdad de oportunidades de los indígenas y eliminar cualquier práctica discriminatoria, establecerán las instituciones y determinarán las políticas necesarias para garantizar la vigencia de los derechos de los indígenas y el desarrollo integral de sus pueblos y comunidades, las cuales deberán ser diseñadas y operadas conjuntamente con ellos.
Para abatir las carencias y rezagos que afectan a los pueblos y comunidades indígenas, dichas autoridades, tienen la obligación de:
I. Impulsar el desarrollo regional de las zonas indígenas con el propósito de fortalecer las economías locales y mejorar las condiciones de vida de sus pueblos, mediante acciones coordinadas entre los tres órdenes de gobierno, con la participación de las comunidades. Las autoridades municipales determinarán equitativamente las asignaciones presupuestales que las comunidades administrarán directamente para fines específicos.
II. Garantizar e incrementar los niveles de escolaridad, favoreciendo la educación bilingüe e intercultural, la alfabetización, la conclusión de la educación básica, la capacitación productiva y la educación media superior y superior. Establecer un sistema de becas para los estudiantes indígenas en todos los niveles. Definir y desarrollar programas educativos de contenido regional que reconozcan la herencia cultural de sus pueblos, de acuerdo con las leyes de la materia y en consulta con las comunidades indígenas. Impulsar el respeto y conocimiento de las diversas culturas existentes en la nación.
III. Asegurar el acceso efectivo a los servicios de salud mediante la ampliación de la cobertura del sistema nacional, aprovechando debidamente la medicina tradicional, así como apoyar la nutrición de los indígenas mediante programas de alimentación, en especial para la población infantil. VI. Extender la red de comunicaciones que permita la integración de las comunidades, mediante la construcción y ampliación de vías de comunicación y telecomunicación. Establecer condiciones para que los pueblos y las comunidades indígenas puedan adquirir, operar y administrar medios de comunicación, en los términos que las leyes de la materia determinen.
VII. Apoyar las actividades productivas y el desarrollo sustentable de las comunidades indígenas mediante acciones que permitan alcanzar la suficiencia de sus ingresos económicos, la aplicación de estímulos para las inversiones públicas y privadas que propicien la creación de empleos, la incorporación de tecnologías para incrementar su propia capacidad productiva, así como para asegurar el acceso equitativo a los sistemas de abasto y comercialización.
VIII. Establecer políticas sociales para proteger a los migrantes de los pueblos indígenas, tanto en el territorio nacional como en el extranjero, mediante acciones para garantizar los derechos laborales de los jornaleros agrícolas; mejorar las condiciones de salud de las mujeres; apoyar con programas especiales de educación y nutrición a niños y jóvenes de familias migrantes; velar por el respeto de sus derechos humanos y promover la difusión de sus culturas.
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IX. Consultar a los pueblos indígenas en la elaboración del Plan Nacional de Desarrollo y de los estatales y municipales y, en su caso, incorporar las recomendaciones y propuestas que realicen.
Para garantizar el cumplimiento de las obligaciones señaladas en este apartado, la Cámara de Diputados del Congreso de la Unión, las legislaturas de las entidades federativas y los ayuntamientos, en el ámbito de sus respectivas competencias, establecerán las partidas específicas destinadas al cumplimiento de estas obligaciones en los presupuestos de egresos que aprueben, así como las formas y procedimientos para que las comunidades participen en el ejercicio y vigilancia de las mismas.
Sin perjuicio de los derechos aquí establecidos a favor de los indígenas, sus comunidades y pueblos, toda comunidad equiparable a aquéllos tendrá en lo conducente los mismos derechos tal y como lo establezca la ley.
Artículo 3o. Todo individuo tiene derecho a recibir educación. El Estado -federación, estados, Distrito Federal y municipios-, impartirá educación preescolar, primaria y secundaria. La educación preescolar, primaria y la secundaria conforman la educación básica obligatoria.
La educación que imparta el Estado tenderá a desarrollar armónicamente todas las facultades del ser humano y fomentará en él, a la vez, el amor a la Patria y la conciencia de la solidaridad internacional, en la independencia y en la justicia.
I. Garantizada por el artículo 24 la libertad de creencias, dicha educación será laica y, por tanto, se mantendrá por completo ajena a cualquier doctrina religiosa;
II. El criterio que orientará a esa educación se basará en los resultados del progreso científico, luchará contra la ignorancia y sus efectos, las servidumbres, los fanatismos y los prejuicios.
Además:
a) Será democrático, considerando a la democracia no solamente como una estructura jurídica y un régimen político, sino como un sistema de vida fundado en el constante mejoramiento económico, social y cultural del pueblo;
b) Será nacional, en cuanto -sin hostilidades ni exclusivismos- atenderá a la comprensión de nuestros problemas, al aprovechamiento de nuestros recursos, a la defensa de nuestra independencia política, al aseguramiento de nuestra independencia económica y a la continuidad y acrecentamiento de nuestra cultura, y
c) Contribuirá a la mejor convivencia humana, tanto por los elementos que aporte a fin de robustecer en el educando, junto con el aprecio para la dignidad de la persona y la integridad de la familia, la convicción del interés general de la sociedad, cuanto por el cuidado que ponga en sustentar los ideales de fraternidad e igualdad de derechos de todos los hombres, evitando los privilegios de razas, de religión, de grupos, de sexos o de individuos;
III. Para dar pleno cumplimiento a lo dispuesto en el segundo párrafo y en la fracción II, el Ejecutivo Federal determinará los planes y programas de estudio de la educación preescolar, primaria, secundaria y normal para toda la República. Para tales efectos, el Ejecutivo Federal considerará la opinión de los gobiernos de las entidades federativas y del Distrito Federal, así como de los diversos sectores sociales involucrados en la educación, en los términos que la ley señale.
IV. Toda la educación que el Estado imparta será gratuita;
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V. Además de impartir la educación preescolar, primaria y secundaria señaladas en el primer párrafo, el Estado promoverá y atenderá todos los tipos y modalidades educativos -incluyendo la educación inicial y a la educación superior- necesarios para el desarrollo de la nación, apoyará la investigación científica y tecnológica, y alentará el fortalecimiento y difusión de nuestra cultura.
VI. Los particulares podrán impartir educación en todos sus tipos y modalidades. En los términos que establezca la ley, el Estado otorgará y retirará el reconocimiento de validez oficial a los estudios que se realicen en planteles particulares. En el caso de la educación preescolar, primaria, secundaria y normal, los particulares deberán:
a) Impartir la educación con apego a los mismos fines y criterios que establecen el segundo párrafo y la fracción II, así como cumplir los planes y programas a que se refiere la fracción III, y
b) Obtener previamente, en cada caso, la autorización expresa del poder público, en los términos que establezca la ley;
VII. Las universidades y las demás instituciones de educación superior a las que la ley otorgue autonomía, tendrán la facultad y la responsabilidad de gobernarse a sí mismas; realizarán sus fines de educar, investigar y difundir la cultura de acuerdo con los principios de este artículo, respetando la libertad de cátedra e investigación y de libre examen y discusión de las ideas; determinarán sus planes y programas; fijarán los términos de ingreso, promoción y permanencia de su personal académico; y administrarán su patrimonio. Las relaciones laborales, tanto del personal académico como del administrativo, se normarán por el apartado A del artículo 123 de esta Constitución, en los términos y con las modalidades que establezca la Ley Federal del Trabajo conforme a las características propias de un trabajo especial, de manera que concuerden con la autonomía, la libertad de cátedra e investigación y los fines de las instituciones a que esta fracción se refiere, y
VIII. El Congreso de la Unión, con el fin de unificar y coordinar la educación en toda la República, expedirá las leyes necesarias, destinadas a distribuir la función social educativa entre la Federación, los Estados y los Municipios, a fijar las aportaciones económicas correspondientes a ese servicio público y a señalar las sanciones aplicables a los funcionarios que no cumplan o no hagan cumplir las disposiciones relativas, lo mismo que a todos aquellos que las infrinjan.
Artículo 4o. (Se deroga el párrafo primero)
El varón y la mujer son iguales ante la ley. Esta protegerá la organización y el desarrollo de la familia.
Toda persona tiene derecho a decidir de manera libre, responsable e informada sobre el número y el espaciamiento de sus hijos.
Toda persona tiene derecho a la protección de la salud. La Ley definirá las bases y modalidades para el acceso a los servicios de salud y establecerá la concurrencia de la Federación y las entidades federativas en materia de salubridad general, conforme a lo que dispone la fracción XVI del artículo 73 de esta Constitución.
Toda persona tiene derecho a un medio ambiente adecuado para su desarrollo y bienestar.
Toda familia tiene derecho a disfrutar de vivienda digna y decorosa. La Ley establecerá los instrumentos y apoyos necesarios a fin de alcanzar tal objetivo.
Los niños y las niñas tienen derecho a la satisfacción de sus necesidades de alimentación, salud, educación y sano esparcimiento para su desarrollo integral.
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Los ascendientes, tutores y custodios tienen el deber de preservar estos derechos. El Estado proveerá lo necesario para propiciar el respeto a la dignidad de la niñez y el ejercicio pleno de sus derechos.
El Estado otorgará facilidades a los particulares para que coadyuven al cumplimiento de los derechos de la niñez.
Toda persona tiene derecho al acceso a la cultura y al disfrute de los bienes y servicios que presta el Estado en la materia, así como el ejercicio de sus derechos culturales. El Estado promoverá los medios para la difusión y desarrollo de la cultura, atendiendo a la diversidad cultural en todas sus manifestaciones y expresiones con pleno respeto a la libertad creativa. La ley establecerá los mecanismos para el acceso y participación a cualquier manifestación cultural.
Artículo 5o. A ninguna persona podrá impedirse que se dedique a la profesión, industria, comercio o trabajo que le acomode, siendo lícitos. El ejercicio de esta libertad sólo podrá vedarse por determinación judicial, cuando se ataquen los derechos de tercero, o por resolución gubernativa, dictada en los términos que marque la ley, cuando se ofendan los derechos de la sociedad. Nadie puede ser privado del producto de su trabajo, sino por resolución judicial.
La Ley determinará en cada Estado, cuáles son las profesiones que necesitan título para su ejercicio, las condiciones que deban llenarse para obtenerlo y las autoridades que han de expedirlo.
Nadie podrá ser obligado a prestar trabajos personales sin la justa retribución y sin su pleno consentimiento, salvo el trabajo impuesto como pena por la autoridad judicial, el cual se ajustará a lo dispuesto en las fracciones I y II del artículo 123.
En cuanto a los servicios públicos, sólo podrán ser obligatorios, en los términos que establezcan las leyes respectivas, el de las armas y los jurados, así como el desempeño de los cargos concejiles y los de elección popular, directa o indirecta. Las funciones electorales y censales tendrán carácter obligatorio y gratuito, pero serán retribuidas aquéllas que se realicen profesionalmente en los términos de esta Constitución y las leyes correspondientes. Los servicios profesionales de índole social serán obligatorios y retribuidos en los términos de la ley y con las excepciones que ésta señale.
El Estado no puede permitir que se lleve a efecto ningún contrato, pacto o convenio que tenga por objeto el menoscabo, la pérdida o el irrevocable sacrificio de la libertad de la persona por cualquier causa.
Tampoco puede admitirse convenio en que la persona pacte su proscripción o destierro, o en que renuncie temporal o permanentemente a ejercer determinada profesión, industria o comercio.
El contrato de trabajo sólo obligará a prestar el servicio convenido por el tiempo que fije la ley, sin poder exceder de un año en perjuicio del trabajador, y no podrá extenderse, en ningún caso, a la renuncia, pérdida o menoscabo de cualquiera de los derechos políticos o civiles.
La falta de cumplimiento de dicho contrato, por lo que respecta al trabajador, sólo obligará a éste a la correspondiente responsabilidad civil, sin que en ningún caso pueda hacerse coacción sobre su persona.
Artículo 6o. La manifestación de las ideas no será objeto de ninguna inquisición judicial o administrativa, sino en el caso de que ataque a la moral, los derechos de tercero, provoque algún delito, o perturbe el orden público; el derecho de réplica será ejercido en los términos dispuestos por la ley. El derecho a la información será garantizado por el Estado.
Para el ejercicio del derecho de acceso a la información, la Federación, los Estados y el Distrito Federal, en el ámbito de sus respectivas competencias, se regirán por los siguientes principios y bases:
CONSTITUCIÓN POLÍTICA DE LOS ESTADOS UNIDOS MEXICANOS
Constitución publicada en el Diario Oficial de la Federación el 5 de febrero de 1917
Capítulo I De las Garantías Individuales