Kazakhstan unveils draft new Constitution
Kazakhstan has taken a decisive step toward overhauling its political system after the country’s Constitutional Court published a draft of an entirely new Constitution, marking the most far-reaching constitutional transformation since independence and setting the stage for a nationwide referendum.
Released on January 31, the draft Constitution is the culmination of an extensive reform process initiated by President Kassym-Jomart Tokayev, shifting the country away from piecemeal amendments toward a comprehensive redefinition of state governance, institutional balance and national values. The final decision on adoption will rest with voters.
The reform drive began with President Tokayev’s September 8, 2025 Address to the Nation, in which he proposed a “reset” of the political system, including the creation of a unicameral Parliament. A working group formed the following month reviewed public input for six months, receiving more than 2,000 citizen proposals through Government digital platforms.
In January 2026, authorities established a 130-member Constitutional Commission representing all regions and social groups, including lawmakers, legal scholars, civil society representatives, media figures and members of the National Kurultai. After reviewing proposed changes to 77 articles—about 84 per cent of the existing Constitution—the commission opted to draft a completely new constitutional text. Its deliberations were publicly broadcast, underscoring the Government’s emphasis on transparency.
One of the most significant changes is the restructuring of the legislature. The draft proposes replacing the current parliamentary system with a unicameral body, the Kurultai, made up of 145 deputies elected through a proportional system for five-year terms. Parliamentary powers would be expanded, a move officials say is intended to strengthen political parties and enhance accountability.
The draft also introduces the People’s Council of Kazakhstan, a new nationwide consultative body designed to represent public interests and endowed with the right of legislative initiative—an unusual feature aimed at widening participation in lawmaking.Within the executive branch, the Constitution proposes the creation of a Vice President, tasked with representing the President in domestic and international socio-political, cultural, scientific and educational engagement.
Legal safeguards feature prominently in the new text. The draft strengthens the rule of law by constitutionally protecting the legal profession, reinforcing intellectual property rights, banning retroactive laws that worsen citizens’ legal standing, and formally entrenching principles such as the presumption of innocence, protection against double jeopardy and the “Miranda rule.”Human rights occupy a central place in the draft Constitution.
For the first time, rights and freedoms are declared in the Preamble as the state’s highest priority, shaping the entire constitutional framework. The document reaffirms sovereignty, territorial integrity and the unitary nature of the State as immutable values, while emphasising unity, interethnic harmony and interfaith coexistence as foundations of statehood.
The draft also signals a strategic shift in national development priorities. Education, science, culture and innovation are elevated to constitutional importance, reflecting an ambition to pivot from resource dependence toward human Capital. Digital transformation is addressed explicitly, with new protections for citizens’ rights in the digital environment. The secular character of the state is reinforced through a clear separation of religion and Government, including a reaffirmation of secular education.
