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POLITICAL CONSTITUTION OF MEXICO
Title One
Articles 1 to 38
Chapter I
On Human Rights and their Guarantees
Articles 1 to 29
Title of the Chapter as amended DOF 10-06-2011
Article 1. In the United Mexican States all persons shall enjoy the human rights recognized in this Constitution and in the international treaties to which the Mexican State is a party, as well as the guarantees for their protection, the exercise of which may not be restricted or suspended, except in the cases and under the conditions established by this Constitution.
Amended paragraph DOF 10-06-2011
The norms relating to human rights shall be interpreted in accordance with this Constitution and with the relevant international treaties, favouring at all times the broadest protection for individuals.
Paragraph added DOF 10-06-2011
All authorities, within the scope of their competencies, have the obligation to promote, respect, protect and guarantee human rights in accordance with the principles of universality, interdependence, indivisibility and progressiveness. Consequently, the State must prevent, investigate, punish and redress human rights violations, under the terms established by law.
Paragraph added DOF 10-06-2011
Slavery is prohibited in the United Mexican States. Slaves from abroad who enter the national territory shall, by this single fact, attain their freedom and the protection of the laws.
Any discrimination based on ethnic or national origin, gender, age, disability, social status, health status, religion, opinion, sexual preference, marital status or any other grounds that violate human dignity and are intended to nullify or impair the rights and freedoms of individuals shall be prohibited.
Reformed paragraph DOF 04-12-2006, 10-06-2011
Article amended DOF 14-08-2001
Article 2. The Mexican Nation is unique and indivisible.
The Nation has a multicultural composition originally sustained by its indigenous peoples, who are those descended from populations that inhabited the current territory of the country at the beginning of colonization and who preserve their own social, economic, cultural and political institutions, or part of them.
Awareness of their indigenous identity should be a fundamental criterion in determining to whom the provisions on indigenous peoples apply.
The communities that make up an indigenous people are those that form a social, economic and cultural unit, are settled in a territory and recognize their own authorities in accordance with their uses and customs.
The right of indigenous peoples to self-determination shall be exercised within a constitutional framework of autonomy that ensures national unity. The recognition of indigenous peoples and communities shall be made in the constitutions and laws of the federative entities, which shall take into account, in addition to the general principles established in the preceding paragraphs of this article, ethno-linguistic and physical settlement criteria.
A. This Constitution recognizes and guarantees the right of indigenous peoples and communities to self-determination and, consequently, to autonomy to:
I. Decide their internal forms of coexistence and social, economic, political and cultural organization.
II. Apply their own normative systems in the regulation and resolution of their internal conflicts, subject to the general principles of this Constitution, respecting individual guarantees, human rights and, in a relevant manner, the dignity and integrity of women. The law will establish the cases and procedures for validation by the corresponding judges or courts.
III . To elect, in accordance with their traditional rules, procedures and practices, the authorities or representatives for the exercise of their own forms of internal government, guaranteeing that indigenous women and men will enjoy and exercise their right to vote and be voted for under conditions of equality, as well as to access and hold the public and popularly elected positions for which they have been elected or appointed, within a framework that respects the federal pact, the sovereignty of the states and the autonomy of Mexico City. In no case may community practices limit the political-electoral rights of citizens in the election of their municipal authorities.
Reformed fraction DOF 22-05-2015, 29-01-2016
IV. Preserve and enrich their languages, knowledge and all the elements that constitute their culture and identity.
V. To conserve and improve the habitat and preserve the integrity of their lands under the terms established in this Constitution.
VI. To have access, with respect to the forms and modalities of property and land tenure established in this Constitution and the laws of the matter, as well as to the rights acquired by third parties or by members of the community, to the preferential use and enjoyment of the natural resources of the places inhabited and occupied by the communities, except for those that correspond to strategic areas, in terms of this Constitution. For these purposes, the communities may associate under the terms of the law.
VII . To elect, in municipalities with an indigenous population, representatives to the municipal councils, observing the principle of gender parity in accordance with the applicable norms.
Amended paragraph DOF 06-06-2019
The constitutions and laws of the federative entities shall recognize and regulate these rights in the municipalities, for the purpose of strengthening political participation and representation in accordance with their internal traditions and norms.
VIII. Full access to the jurisdiction of the State. In order to guarantee this right, in all trials and proceedings to which they are a party, individually or collectively, their customs and cultural specificities must be taken into account, respecting the precepts of this Constitution. Indigenous people have the right at all times to be assisted by interpreters and defenders who have knowledge of their language and culture.
The constitutions and laws of the federative entities will establish the characteristics of self-determination and autonomy that best express the situations and aspirations of the indigenous peoples in each entity, as well as the norms for the recognition of indigenous communities as entities of public interest.
B . In order to promote equal opportunities for indigenous people and eliminate any discriminatory practices, the Federation, the federal entities and the municipalities will establish the institutions and determine the policies necessary to guarantee the rights of indigenous people and the comprehensive development of their peoples and communities, which must be designed and operated jointly with them.
Amended paragraph DOF 29-01-2016
In order to reduce the shortages and backwardness that affect indigenous peoples and communities, these authorities have the obligation to:
I . Promote the regional development of indigenous areas in order to strengthen local economies and improve the living conditions of their peoples, through coordinated actions among the three levels of government, with the participation of the communities. The municipal authorities will equitably determine the budgetary allocations that the communities will administer directly for specific purposes.
II. To guarantee and increase levels of schooling, promoting bilingual and intercultural education, literacy, completion of basic education, productive training, and secondary and higher education. Establish a system of scholarships for indigenous students at all levels. Define and develop educational programs of regional content that recognize the cultural heritage of their peoples, in accordance with the laws of the matter and in consultation with the indigenous communities. Promote respect for and knowledge of the diverse cultures existing in the nation.
III. To ensure effective access to health services by expanding the coverage of the national system, making due use of traditional medicine, and to support indigenous people's nutrition through food programmes, especially for the child population.
IV. Improve the conditions of indigenous communities and their spaces for coexistence and recreation, through actions that facilitate access to public and private financing for the construction and improvement of housing, as well as expanding the coverage of basic social services.
V. Promote the incorporation of indigenous women into development by supporting productive projects, protecting their health, providing incentives to promote their education and their participation in decision-making in community life.
VI. Extend the communications network that allows the integration of communities, through the construction and expansion of communication and telecommunication routes. Establish conditions so that indigenous peoples and communities can acquire, operate and manage means of communication, under the terms determined by the relevant laws.
VII. To support productive activities and the sustainable development of indigenous communities through actions that make it possible to achieve the sufficiency of their economic income, the application of stimuli for public and private investments that promote the creation of jobs, the incorporation of technologies to increase their own productive capacity, as well as to ensure equitable access to supply and marketing systems.
VIII. Establish social policies to protect migrants from indigenous peoples, both within the national territory and abroad, through actions to guarantee the labour rights of agricultural day labourers; improve the health conditions of women; support special education and nutrition programmes for children and young people from migrant families; ensure respect for their human rights and promote the dissemination of their cultures.
IX . To consult indigenous peoples in the preparation of the National Development Plan and the plans of the federal entities, municipalities and, where appropriate, the territorial divisions of Mexico City and, where appropriate, to incorporate the recommendations and proposals they make.
Reformed fraction DOF 29-01-2016
In order to guarantee compliance with the obligations indicated in this section, the Chamber of Deputies of the Congress of the Union, the legislatures of the federal entities and the municipalities, within the scope of their respective competencies, will establish specific items destined for compliance with these obligations in the budgets they approve, as well as the forms and procedures for the communities to participate in the exercise and oversight of these obligations.
Without prejudice to the rights established herein in favour of indigenous peoples, their communities and peoples, any community comparable to them shall have the same rights as established by law.
C. This Constitution recognizes the Afro-Mexican peoples and communities, whatever their self-designation, as part of the pluricultural composition of the Nation. They shall have the rights set forth in the preceding paragraphs of this article under the terms established by law, in order to guarantee their self-determination, autonomy, development and social inclusion.
Paragraph added DOF 09-08-2019
Article amended DOF 14-08-2001
Article 3 . Everyone has the right to education. The State - the Federation, the States, Mexico City and the municipalities - shall provide and guarantee early childhood, preschool, primary, secondary, upper secondary and higher education. Initial, preschool, primary and secondary education make up basic education; this and higher secondary education shall be compulsory, and higher education shall be compulsory in terms of section X of this article. Early education is a child's right and it shall be the State's responsibility to raise awareness of its importance.
Erratum to paragraph DOF 09-03-1993. Amended DOF 12-11-2002, 09-02-2012, 29-01-2016, 15-05-2019
Education provided by the State, in addition to being compulsory, shall be universal, inclusive, public, free and secular.
Paragraph added DOF 15-05-2019
Third paragraph. Repealed.
Paragraph added DOF 26-02-2013. Repealed DOF 15-05-2019
Education shall be based on unrestricted respect for the dignity of the individual, with a focus on human rights and substantive equality. It shall aim at the harmonious development of all human faculties and shall foster in them love of country, respect for all rights, freedoms, the culture of peace and awareness of international solidarity, independence and justice; it shall promote honesty, values and the continuous improvement of the teaching-learning process.
Amended paragraph DOF 10-06-2011. Amended and relocated (formerly second paragraph) DOF 15-05-2019.
The State shall give priority to the best interests of children, adolescents and young people in accessing, remaining in and participating in educational services.
Paragraph added DOF 15-05-2019
Teachers are fundamental agents of the educational process and, therefore, their contribution to social transformation is recognized. They will have the right to have access to a comprehensive system of education, training and updating, with feedback from diagnostic evaluations, in order to meet the objectives and purposes of the National Education System.
Paragraph added DOF 15-05-2019
The law shall establish the provisions of the System for the Career of Teachers in their teaching, management or supervisory functions. The Federation will be responsible for its leadership and, in coordination with the federative entities, its implementation, in accordance with the educational criteria set out in this article.
Paragraph added DOF 15-05-2019
The admission, promotion and recognition of personnel who perform teaching, management or supervisory functions shall be carried out through selection processes in which applicants compete on equal terms and established in the law provided for in the preceding paragraph, which shall be public, transparent, equitable and impartial and shall consider the knowledge, skills and experience necessary for the learning and comprehensive development of students. The appointments derived from these processes shall only be granted in terms of said law. The provisions of this paragraph shall in no case affect the permanence of teachers in the service. These provisions shall not apply to the institutions referred to in section VII of this article.
Paragraph added DOF 15-05-2019
The State shall strengthen public teacher training institutions, especially teacher training colleges, under the terms established by law.
Paragraph added DOF 15-05-2019
Educational facilities constitute a fundamental space for the teaching-learning process. The State shall ensure that teaching materials, educational infrastructure, maintenance and environmental conditions are suitable and contribute to the aims of education.
Paragraph added DOF 15-05-2019
In order to comply with the provisions of section II of this article, the Federal Executive shall determine the guiding principles and objectives of initial education, as well as the plans and study programmes for basic and normal education throughout the Republic; to this end, it shall consider the opinion of the governments of the federative entities and of the various social actors involved in education, as well as the content of educational projects and programmes that take into account regional and local realities and contexts.
Paragraph added DOF 15-05-2019
The study plans and programs will have a gender perspective and a comprehensive orientation, which will include knowledge of the sciences and humanities: the teaching of mathematics, reading and writing, literacy, history, geography, civics, philosophy, technology, innovation, the indigenous languages of our country, foreign languages, physical education, sports, the arts, especially music, the promotion of healthy lifestyles, sexual and reproductive education, and care for the environment, among others.
Paragraph added DOF 15-05-2019
I. Since freedom of belief is guaranteed by article 24, such education shall be secular and, therefore, shall be completely alien to any religious doctrine;
II. The criterion that will guide this education will be based on the results of scientific progress and will combat ignorance and its effects, servitude, fanaticism and prejudice.
In addition:
a) It shall be democratic, considering democracy not only as a legal structure and a political regime, but as a system of life based on the constant economic, social and cultural improvement of the people;
b ) It will be national, in that - without hostility or exclusivism - it will be aimed at understanding our problems, making the most of our resources, defending our political independence, ensuring our economic independence and the continuity and growth of our culture;
Reformed clause DOF 26-02-2013
c) It will contribute to a better human coexistence, in order to strengthen the appreciation and respect for nature, cultural diversity, the dignity of the person, the integrity of families, the conviction of the general interest of society, the ideals of fraternity and equality of rights for all, avoiding privileges of races, religion, groups, sexes or individuals;
Subsection amended DOF 09-02-2012, 26-02-2013, 15-05-2019
d) Repealed.
Subsection added DOF 26-02-2013. Repealed DOF 15-05-2019
e) It will be equitable, to which end the State will implement measures to promote the full exercise of people's right to education and to combat socio-economic, regional and gender inequalities in access, transit and permanence in education services.
In highly marginalized basic education schools, actions will be promoted to improve the living conditions of students, with emphasis on food. Likewise, support will be given to students in social vulnerability, through the establishment of inclusive and cross-cutting policies.
In adult education, strategies will be implemented to ensure their right to enter educational institutions in their different types and modalities.
Multilingual and intercultural education based on respect for and promotion and preservation of the historical and cultural heritage will be provided in indigenous peoples and communities;
Subsection added DOF 15-05-2019
f) It shall be inclusive, taking into account the diverse abilities, circumstances and needs of learners. Based on the principle of accessibility, reasonable accommodations shall be made and specific measures shall be implemented with the aim of removing barriers to learning and participation;
Subsection added DOF 15-05-2019
g) It will be intercultural, promoting harmonious coexistence between people and communities for the respect and recognition of their differences and rights, within a framework of social inclusion;
Subsection added DOF 15-05-2019
h) It shall be comprehensive, educating for life, with the aim of developing in people cognitive, socio-emotional and physical skills that will enable them to achieve their well-being, and
Subsection added DOF 15-05-2019
i) It will be of excellence, understood as the constant integral improvement that promotes the maximum learning achievement of the students, for the development of their critical thinking and the strengthening of the bonds between school and community;
Subsection added DOF 15-05-2019
III. Repealed.
Section amended DOF 12-11-2002, 26-02-2013, 29-01-2016. Repealed DOF 15-05-2019
IV. All education provided by the State shall be free of charge;
V. Everyone has the right to enjoy the benefits of the development of science and technological innovation. The State shall support scientific, humanistic and technological research and innovation, and shall guarantee open access to the information derived from it, for which it shall provide sufficient resources and stimuli, in accordance with the bases of coordination, linkage and participation established by the laws on the subject; it shall also encourage the strengthening and dissemination of our culture;
Reformed fraction DOF 12-11-2002, 09-02-2012, 15-05-2019
VI. Private individuals may provide education in all its types and modalities. Under the terms established by law, the State will grant and withdraw the recognition of official validity to the studies carried out in private schools. In the case of early childhood, preschool, primary, secondary and normal education, private institutions shall:
Amended paragraph DOF 12-11-2002, 15-05-2019
a) (a) To provide education in accordance with the same purposes and criteria established in the fourth paragraph and section II, as well as to comply with the plans and programmes referred to in the eleventh and twelfth paragraphs, and
Subsection amended DOF 15-05-2019
b) Obtain prior, in each case, the express authorization of the public authority, under the terms established by law;
VII . Universities and other institutions of higher education to which the law grants autonomy shall have the power and responsibility to govern themselves; they shall carry out their purposes of education, research and dissemination of culture in accordance with the principles of this article, respecting the freedom of teaching and research and of free examination and discussion of ideas; they shall determine their plans and programs; they shall establish the terms of admission, promotion and permanence of their academic staff; and they shall administer their assets. Labor relations, both academic and administrative staff, will be regulated by paragraph A of Article 123 of this Constitution, in the terms and with the modalities established by the Federal Labor Law in accordance with the characteristics of a special job, so that they are consistent with the autonomy, academic and research freedom and the purposes of the institutions to which this section refers;
Reformed fraction DOF 26-02-2013
VIII. The Congress of the Union, for the purpose of unifying and coordinating education throughout the Republic, shall issue the necessary laws to distribute the social function of education among the Federation, the federal entities and the municipalities, to establish the economic contributions corresponding to this public service and to establish the penalties applicable to officials who do not comply or do not enforce the related provisions, as well as to all those who violate them;
Reformed fraction DOF 26-02-2013, 29-01-2016, 15-05-2019
IX. In order to contribute to the fulfilment of the objectives of this article, the National System for the Continuous Improvement of Education is created, which will be coordinated by a decentralized public body, with technical, operational, budgetary, decision-making and management autonomy, with its own legal personality and assets, not sectorized, to which it will correspond:
a) To carry out studies, specialized research and diagnostic, formative and comprehensive evaluations of the National Education System;
b) (b) to identify performance indicators for the continuous improvement of education;
c) Establish the criteria to be met by the evaluation bodies for the assessment, qualitative, continuous and formative processes of continuous improvement of education;
d) Issuing guidelines related to teacher development, school performance, learning outcomes, as well as school improvement, organization and professionalization of school management;
e) Propose coordination mechanisms between the federal and state education authorities to meet people's needs in this area;
f) (f) To suggest elements that contribute to the improvement of the objectives of initial education, of the plans and programmes of study of basic and upper secondary education, as well as for inclusive and adult education; and
g) Generate and disseminate information that contributes to the continuous improvement of the National Education System.
The law will establish the rules for the organization and operation of the agency for the continuous improvement of education, which will govern its activities in accordance with the principles of independence, transparency, objectivity, relevance, diversity and inclusion. It will also define the necessary mechanisms and actions that will allow for effective collaboration and coordination with federal and local education authorities for the fulfillment of their respective functions.
The agency will have a Board of Directors, a Technical Education Council and a Citizen's Council.
The Board of Directors shall be responsible for conducting, planning, programming, organizing and coordinating the work of the body referred to in this article. It shall be composed of five persons who shall serve for seven years in staggered terms and shall be appointed by the Chamber of Senators, with the vote of two thirds of its members. The President of the Board of Directors shall be appointed by its members and shall preside over the Technical Education Council.
The Technical Education Council will advise the Board of Directors under the terms determined by law, and will be composed of seven persons who will serve for five years in staggered terms. They will be appointed by the Chamber of Senators, with the vote of two thirds of its members. In its composition, diversity and representation of educational types and modalities will be sought, as well as gender parity. In case of absolute absence of any of its members, the substitute will be appointed to complete the respective period.
The persons that integrate the Board of Directors and the Technical Council of Education must be specialists in research, educational policy, pedagogical issues or have teaching experience in any type or educational modality; they must also accredit the academic degree of their specialty and experience, not have been a leader of any political party or candidate to occupy a position of popular election in the four years prior to the appointment and comply with the requirements established by law. They may only be removed for serious cause under the terms of Title Four of this Constitution.
The body referred to in this section shall have an honorary Citizen Council, made up of representatives of the sectors involved in educational matters. The law will determine the attributions, organization and functioning of said Council, and
Section added DOF 26-02-2013. Reformed DOF 15-05-2019
X. Higher education shall be compulsory for the State. The federal and local authorities will establish policies to promote inclusion, permanence and continuity, under the terms established by law. They shall also provide means of access to this type of education for persons who meet the requirements established by public institutions.
Fraction added DOF 15-05-2019
Article reformed DOF 13-12-1934, 30-12-1946, 09-06-1980, 28-01-1992, 05-03-1993
Article 4 - Women and men are equal before the law. The law shall protect the organization and development of the family.
Amended paragraph DOF 06-06-2019
Everyone has the right to decide freely, responsibly and in an informed manner on the number and spacing of his or her children.
Everyone has the right to nutritious, sufficient and quality food. The State shall guarantee it.
Paragraph added DOF 13-10-2011
Every person has the right to health protection. The Law shall define the bases and modalities for access to health services and shall establish the concurrence of the Federation and the federative entities in matters of general health, in accordance with the provisions of section XVI of Article 73 of this Constitution. The Law shall define a health system for well-being, in order to guarantee the progressive, quantitative and qualitative extension of health services for the comprehensive and free care of persons who do not have social security.
Paragraph added DOF 03-02-1983. Amended DOF 08-05-2020
Everyone has the right to a healthy environment for his or her development and well-being. The State shall guarantee respect for this right. Environmental damage and deterioration will generate responsibility for whoever causes it in terms of the law.
Paragraph added DOF 28-06-1999. Amended DOF 08-02-2012
Every person has the right to access, availability, and sanitation of water for personal and domestic consumption in a sufficient, safe, acceptable, and affordable manner. The State shall guarantee this right and the law shall define the bases, support, and modalities for equitable and sustainable access to and use of water resources, establishing the participation of the Federation, the federal entities, and the municipalities, as well as the participation of the citizenry in achieving these ends.
Paragraph added DOF 08-02-2012
Every family has the right to enjoy decent and dignified housing. The law shall establish the necessary instruments and support in order to achieve this objective.
Paragraph added DOF 07-02-1983
Everyone has the right to identity and to be registered immediately after birth. The State shall guarantee the fulfilment of these rights. The competent authority shall issue the first certified copy of the birth registration certificate free of charge.
Paragraph added DOF 17-06-2014
In all decisions and actions of the State, the principle of the best interests of the child shall be ensured and complied with, fully guaranteeing children's rights. Children have the right to the satisfaction of their needs for food, health, education and healthy recreation for their comprehensive development. This principle shall guide the design, implementation, monitoring and evaluation of public policies aimed at children.
Paragraph added DOF 18-03-1980. Amended DOF 07-04-2000, 12-10-2011.
Ascendants, guardians and custodians have an obligation to preserve and enforce these rights and principles.
Paragraph added DOF 07-04-2000. Amended DOF 12-10-2011
The State shall grant facilities to private individuals to assist in the fulfilment of children's rights.
Paragraph added DOF 07-04-2000. Erratum to paragraph DOF 12-04-2000.
Everyone has the right of access to culture and to the enjoyment of the goods and services provided by the State in this area, as well as the exercise of their cultural rights. The State shall promote the means for the dissemination and development of culture, taking into account cultural diversity in all its manifestations and expressions with full respect for creative freedom. The law shall establish the mechanisms for access and participation in any cultural manifestation.
Paragraph added DOF 30-04-2009
Everyone has the right to physical culture and the practice of sport. It is the State's responsibility to promote, foster and encourage them in accordance with the laws on the subject.
Paragraph added DOF 12-10-2011
The State shall guarantee the delivery of economic support to persons with permanent disabilities under the terms established by law. Priority for receiving this benefit will be given to children under the age of eighteen, indigenous people and Afro-Mexicans up to the age of sixty-four, and people living in poverty.
Paragraph added DOF 08-05-2020
Persons over the age of sixty-eight are entitled to receive a non-contributory pension from the State under the terms established by law. In the case of indigenous people and Afro-Mexicans, this benefit will be granted from the age of sixty-five.
Paragraph added DOF 08-05-2020
The State shall establish a system of scholarships for students at all levels of the public education system, giving priority to students from families living in poverty, in order to guarantee the right to education on an equitable basis.
Paragraph added DOF 08-05-2020
Everyone has the right to mobility in conditions of road safety, accessibility, efficiency, sustainability, quality, inclusion and equality.
Paragraph added DOF 18-12-2020
The State will promote the comprehensive development of young people through public policies with a multidisciplinary approach, which will foster their inclusion in the political, social, economic and cultural spheres of the country. The law will establish the concurrence of the Federation, federal entities, municipalities and territorial divisions of Mexico City, for these purposes.
Paragraph added DOF 24-12-2020
Reform DOF 14-08-2001: Repealed the then first paragraph of the article (previously added DOF 28-01-1992).
Reformed article DOF 31-12-1974
Article 5 . No person may be prevented from engaging in the profession, industry, trade or work that suits him, being lawful. The exercise of this freedom may only be prevented by judicial determination, when the rights of third parties are attacked, or by governmental resolution, issued under the terms established by law, when the rights of society are offended. No one may be deprived of the product of his labor except by judicial decision.
The law shall determine in each federative entity which professions require a degree for their practice, the conditions that must be met to obtain it, and the authorities that must issue it.
Amended paragraph DOF 29-01-2016
No one may be compelled to perform personal work without just remuneration and without his or her full consent, except for work imposed as a penalty by the judicial authority, which shall be in accordance with the provisions of sections I and II of article 123.
With regard to public services, only the service of arms and juries may be compulsory, under the terms established by the respective laws, as well as the performance of council and directly or indirectly popularly elected offices. Electoral and census functions shall be compulsory and free of charge, but those performed professionally under the terms of this Constitution and the relevant laws shall be remunerated. Professional services of a social nature shall be compulsory and remunerated under the terms of the law and with the exceptions indicated therein.
Amended paragraph DOF 06-04-1990
The State may not permit any contract, covenant or agreement to be made which has as its object the impairment, loss or irrevocable sacrifice of the liberty of the individual for any cause whatsoever.
Amended paragraph DOF 28-01-1992
Nor can an agreement be admitted in which the person agrees to be proscribed or banished, or to renounce temporarily or permanently to exercise a certain profession, industry or trade.
The employment contract shall only obligate to render the agreed service for the time established by law, without being able to exceed one year to the detriment of the worker, and may not extend, in any case, to the waiver, loss or impairment of any of the political or civil rights.
Failure to comply with this contract, as far as the employee is concerned, will only oblige him/her to the corresponding civil liability, and under no circumstances may his/her person be coerced.
Reformed article DOF 17-11-1942, 31-12-1974
Article 6.- The manifestation of ideas shall not be subject to any judicial or administrative inquisition, except in the event that it attacks morality, private life or the rights of third parties, provokes a crime, or disturbs public order; the right of reply shall be exercised under the terms provided by law. The right to information shall be guaranteed by the State.
Reformed paragraph DOF 13-11-2007, 11-06-2013
Everyone has the right to free access to plural and timely information, as well as to seek, receive and impart information and ideas of all kinds by any means of expression.
Paragraph added DOF 11-06-2013
The State shall guarantee the right of access to information and communication technologies, as well as to broadcasting and telecommunications services, including broadband and internet. For such purposes, the State shall establish conditions of effective competition in the provision of such services.
Paragraph added DOF 11-06-2013
For the purposes of the provisions of this article, the following shall be observed:
Paragraph added DOF 11-06-2013
A. For the exercise of the right of access to information, the Federation and the federal entities, within the scope of their respective competences, shall be governed by the following principles and bases:
Amended paragraph (to become paragraph A) DOF 11-06-2013. Amended DOF 29-01-2016
I. All information in possession of any authority, entity, organ and organism of the Executive, Legislative and Judicial Branches, autonomous bodies, political parties, trusts and public funds, as well as of any individual, legal entity or trade union that receives and exercises public resources or performs acts of authority at the federal, state and municipal levels, is public and may only be temporarily reserved for reasons of public interest and national security, under the terms established by law. In the interpretation of this right, the principle of maximum disclosure shall prevail. Obligated subjects must document any act derived from the exercise of their powers, competences or functions; the law will determine the specific assumptions under which the declaration of non-existence of the information will proceed.
Reformed fraction DOF 07-02-2014
II. The information that refers to private life and personal data will be protected under the terms and with the exceptions established by law.
III. Any person, without the need to prove any interest or justify its use, shall have free access to public information, to their personal data or to the rectification thereof.
IV. Mechanisms for access to information and expeditious review procedures shall be established, which shall be substantiated before the specialized and impartial autonomous agencies established by this Constitution.
Reformed fraction DOF 07-02-2014
V. The regulated entities shall preserve their documents in updated administrative files and shall publish, through available electronic media, complete and updated information on the use of public resources and the indicators that make it possible to account for the fulfillment of their objectives and the results obtained.
Reformed fraction DOF 07-02-2014
VI. The laws shall determine the manner in which the regulated entities must make public the information related to the public resources they provide to natural or legal persons.
VII. Failure to comply with the provisions regarding access to public information shall be sanctioned as provided by law.
Paragraph with added fractions DOF 20-07-2007
VIII. The Federation will have an autonomous, specialized, impartial, collegiate and collegiate body, with legal personality and its own assets, with full technical and managerial autonomy, capacity to decide on the exercise of its budget and determine its internal organization, responsible for ensuring compliance with the right of access to public information and the protection of personal data held by the regulated entities under the terms established by law.
The autonomous body provided for in this section shall be governed by the law on transparency and access to public information and protection of personal data held by regulated entities, under the terms established by the general law issued by the Congress of the Union to establish the bases, general principles and procedures for the exercise of this right.
Its operation will be governed by the principles of certainty, legality, independence, impartiality, efficiency, objectivity, professionalism, transparency and maximum publicity.
The guarantor agency is competent to hear matters related to access to public information and protection of personal data of any authority, entity, body or agency that is part of any of the legislative, executive and judicial branches, autonomous bodies, political parties, trusts and public funds, as well as any individual, legal entity or unions that receive and exercise public resources or perform acts of authority at the federal level; except for those jurisdictional matters that correspond to the Supreme Court of Justice of the Nation, in which case it will resolve a committee composed of three ministers. It will also hear appeals filed by individuals regarding the resolutions of the specialized autonomous agencies of the federal entities that determine the reservation, confidentiality, non-existence or denial of information, under the terms established by law.
Amended paragraph DOF 29-01-2016
The federal guarantor body, ex officio or at the substantiated request of the equivalent guarantor body of the federal entities, may hear appeals for review that, due to their interest and importance, so merit it.
Amended paragraph DOF 29-01-2016
The law shall establish what information is considered reserved or confidential.
The resolutions of the guarantor body are binding, final and unassailable for the obligated subjects. The Government Legal Advisor may file an appeal for review before the Supreme Court of Justice of the Nation under the terms established by law, only in the event that such resolutions may endanger national security in accordance with the law on the matter.
The guarantor body is made up of seven commissioners. For their appointment, the Chamber of Senators, after a broad consultation with society, at the proposal of the parliamentary groups, with the vote of two thirds of the members present, will appoint the commissioner to fill the vacancy, following the process established by law. The appointment may be objected to by the President of the Republic within ten working days. If the President of the Republic does not object to the appointment within that period, the person appointed by the Senate of the Republic shall occupy the post of commissioner.
Should the President of the Republic object to the appointment, the Chamber of Senators shall appoint a new proposal, under the terms of the preceding paragraph, but with a vote of three-fifths of the members present. If this second appointment is objected to, the Chamber of Senators, under the terms of the preceding paragraph, with a vote of three-fifths of the members present, shall appoint the commissioner to fill the vacancy.
Commissioners shall serve for seven years and must meet the requirements set forth in sections I, II, IV, V and VI of Article 95 of this Constitution, may not hold any other job, position or commission, except for those not remunerated in educational, scientific or charitable institutions, may only be removed from office under the terms of Title Four of this Constitution and shall be subject to impeachment.
Gender equity will be ensured in the composition of the guarantor body.
The presiding commissioner will be appointed by the commissioners themselves, by secret ballot, for a period of three years, with the possibility of being re-elected for an equal period; he/she will be obliged to submit an annual report to the Senate, on the date and under the terms established by law.
The guarantor body will have an Advisory Council, composed of ten councillors, who will be elected by a two-thirds vote of the members of the Chamber of Senators present. The law will determine the procedures to be followed for the presentation of proposals by the Chamber itself. The two longest-serving councillors shall be replaced annually, unless they are proposed and ratified for a second term.
The law shall establish the measures of constraint that may be imposed by the guarantor body to ensure compliance with its decisions.
All authorities and public servants shall be obliged to cooperate with the guarantor body and its members for the proper performance of their functions.
The guarantor body will coordinate its actions with the Superior Audit Office of the Federation, with the entity specialized in archives and with the body in charge of regulating the collection, processing and publication of statistical and geographic information, as well as with the guarantor bodies of the federal entities, in order to strengthen the accountability of the Mexican State.
Amended paragraph DOF 29-01-2016
Section added DOF 07-02-2014
B. In the area of broadcasting and telecommunications:
I. The State will guarantee the population's integration into the information and knowledge society through a universal digital inclusion policy with annual and six-year goals.
II. Telecommunications are public services of general interest, for which reason the State shall guarantee that they are provided under conditions of competition, quality, plurality, universal coverage, interconnection, convergence, continuity, free access and without arbitrary interference.
III. Broadcasting is a public service of general interest, for which reason the State shall guarantee that it is provided under conditions of competition and quality and provides the benefits of culture to the entire population, preserving plurality and truthfulness of information, as well as the promotion of the values of national identity, contributing to the purposes established in Article 3 of this Constitution.
IV. The transmission of advertising or propaganda presented as journalistic or news information is prohibited; the conditions that must govern the contents and the contracting of services for its transmission to the public will be established, including those related to the responsibility of the concessionaires with respect to the information transmitted on behalf of third parties, without affecting freedom of expression and dissemination.
V. The law shall establish a decentralized public body with technical, operational, decision-making and management autonomy, whose purpose shall be to provide the non-profit broadcasting service, in order to ensure access to the greatest number of people in each of the entities of the Federation, to content that promotes national integration, educational, cultural and civic training, equality between women and men, the dissemination of impartial, objective, timely and accurate information on national and international events, and to provide space for independently produced works, as well as the expression of diversity and plurality of ideas and opinions that strengthen the democratic life of society.
The public body will have a Citizen's Council in order to ensure its independence and an impartial and objective editorial policy. It will be composed of nine honorary councillors who will be elected through a broad public consultation by a two-thirds vote of the members of the Chamber of Senators present or, in its recesses, of the Permanent Commission. The directors shall serve in staggered terms, whereby the two longest-serving directors shall be replaced annually, unless they are ratified by the Senate for a second term.
The President of the public agency shall be appointed, upon proposal of the Federal Executive, by a two-thirds vote of the members present in the Senate or, in its recesses, of the Permanent Commission; he shall serve for a term of five years, may be appointed for a new term only once, and may only be removed by the Senate by the same majority.
The President of the organism will present an annual report of activities to the Executive and Legislative Powers of the Union; for this purpose, he will appear before the Chambers of Congress under the terms established by law.
VI. The law shall establish the rights of telecommunications users and audiences, as well as the mechanisms for their protection.
Paragraph with added fractions DOF 11-06-2013
Article reformed DOF 06-12-1977
Article 7 .- The freedom to disseminate opinions, information and ideas by any means is inviolable. This right may not be restricted by indirect ways or means, such as the abuse of official or private controls, newsprint, radio frequencies or equipment and apparatus used in the dissemination of information or by any other means and technologies of information and communication aimed at preventing the transmission and circulation of ideas and opinions.
No law or authority may establish prior censorship or restrict freedom of dissemination, which has no limits other than those provided for in the first paragraph of Article 6 of this Constitution. In no case may property used for the dissemination of information, opinions and ideas be seized as an instrument of crime.
Article amended DOF 11-06-2013
Article 8 . Public officials and employees shall respect the exercise of the right of petition, provided that it is made in writing, in a peaceful and respectful manner; but in political matters only citizens of the Republic may make use of this right.
All petitions must be accompanied by a written agreement from the authority to which they are addressed, which is obliged to inform the petitioner of the petition as soon as possible.
Original article DOF 05-02-1917
Article 9 . The right to associate or assemble peacefully for any lawful purpose may not be restricted, but only citizens of the Republic may do so in order to take part in the political affairs of the country. No armed meeting has the right to deliberate.
An assembly or meeting whose purpose is to petition or protest against some act to an authority shall not be considered illegal, and may not be dissolved, if no insult is made against the authority, nor violence or threats used to intimidate it or force it to resolve in the desired direction.
Original article DOF 05-02-1917
Article 10 . The inhabitants of the United Mexican States have the right to possess weapons in their homes, for their security and legitimate defence, with the exception of those prohibited by Federal Law and those reserved for the exclusive use of the permanent Armed Forces and the reserve corps. Federal law shall determine the cases, conditions, requirements, and places in which inhabitants may be authorized to carry arms.
Article amended DOF 22-10-1971, 26-03-2019
Article 11 . Every person has the right to enter and leave the Republic, to travel within its territory and to change residence, without the need for a letter of security, passport, safe conduct or other similar requirements. The exercise of this right shall be subject to the powers of the judicial authority, in cases of criminal or civil liability, and to those of the administrative authority, with regard to the limitations imposed by the laws on emigration, immigration and general health of the Republic, or on harmful foreigners residing in the country.
Everyone has the right to seek and receive asylum. The recognition of refugee status and the granting of political asylum shall be carried out in accordance with international treaties. The law shall regulate their procedures and exceptions.
Amended paragraph DOF 15-08-2016
Article amended DOF 10-06-2011
Article 12 . In the United Mexican States no titles of nobility or hereditary prerogatives and honors shall be granted, nor shall any effect be given to those granted by any other country.
Original article DOF 05-02-1917
Article 13 . No one may be tried by private laws or by special courts. No person or corporation may have privileges, nor enjoy any emoluments other than those which are compensation for public services and are fixed by law. Military jurisdiction shall continue to exist for crimes and offences against military discipline, but the military courts may in no case and for no reason extend their jurisdiction over persons who do not belong to the Army. When a civilian is implicated in a military crime or offence, the appropriate civilian authority shall hear the case.
Original article DOF 05-02-1917
Article 14 . No law shall be given retroactive effect to the detriment of any person.
No one may be deprived of his liberty or of his property, possessions or rights except by a trial before the previously established courts, in which the essential formalities of the procedure are complied with and in accordance with the laws issued prior to the event.
Amended paragraph DOF 09-12-2005
In criminal trials, it is forbidden to impose, by simple analogy or even by a majority of reason, any penalty that is not prescribed by a law that is exactly applicable to the crime in question.
In civil trials, the final judgment shall be in accordance with the letter or the legal interpretation of the law, and in the absence of such interpretation, it shall be based on the general principles of law.
Article 15 .- The conclusion of treaties for the extradition of political prisoners is not authorized, nor for the extradition of common criminals who have had the status of slaves in the country where they committed the crime, nor of agreements or treaties by virtue of which the human rights recognized by this Constitution and in international treaties to which the Mexican State is a party are altered.
Article amended DOF 10-06-2011
Article 16 . No one may be disturbed in his or her person, family, domicile, papers or possessions, except by virtue of a written order from the competent authority, which establishes and justifies the legal grounds for the proceeding. In trials and proceedings conducted in the form of a trial in which oral proceedings are established as a rule, it shall be sufficient to record them in any medium that provides certainty as to their content and compliance with the provisions of this paragraph.
Amended paragraph DOF 15-09-2017
Every person has the right to the protection of their personal data, access, rectification and cancellation thereof, as well as to express their opposition, under the terms established by law, which shall establish the cases of exception to the principles governing the processing of data, for reasons of national security, public order provisions, public safety and health or to protect the rights of third parties.
Paragraph added DOF 01-06-2009
An arrest warrant may not be issued except by the judicial authority and without a complaint or accusation of an offence punishable by law by deprivation of liberty and without evidence establishing that the offence has been committed and that it is probable that the accused committed or participated in the commission of the offence.
Amended paragraph DOF 01-06-2009. Erratum DOF 25-06-2009
The authority that executes an arrest warrant shall place the accused at the disposal of the judge without delay and under its strictest responsibility. Contravention of the foregoing shall be punishable under criminal law.
Any person may arrest an accused person at the time he or she is committing an offence or immediately after committing it, bringing him or her promptly before the nearest civil authority, and the latter, with the same promptness, before the Public Prosecutor's Office. There shall be an immediate record of the arrest.
Amended paragraph DOF 26-03-2019
Only in urgent cases, in the case of a serious crime as defined by law and when there is a well-founded risk that the accused may evade justice, provided that he or she cannot be brought before the judicial authority because of the time, place or circumstances, may the Public Prosecutor's Office, under its responsibility, order his or her detention, stating the grounds and the evidence that justifies its action.
In cases of urgency or flagrante delicto, the judge who receives the detainee's consignment must immediately ratify the detention or decree release with the reservations of the law.
The judicial authority, at the request of the Public Prosecutor's Office and in the case of organized crime offences, may decree the arraigo of a person, with the modalities of place and time specified by law, but may not exceed forty days, provided that it is necessary for the success of the investigation, the protection of persons or legal assets, or when there is a well-founded risk that the accused will evade the action of justice. This period may be extended, provided that the Public Prosecutor's Office proves that the causes that gave rise to it still exist. In any case, the total duration of the arraigo may not exceed eighty days.
Organized crime is understood to mean a de facto organization of three or more persons to commit crimes on a permanent or repeated basis, under the terms of the relevant law.
No accused person may be detained by the Public Prosecutor's Office for more than forty-eight hours, within which time his or her release must be ordered or he or she must be placed at the disposal of the judicial authority; this period may be doubled in those cases that the law provides for organized crime. Any abuse of the above provisions shall be punishable by criminal law.
All search warrants, which may only be issued by the judicial authority at the request of the Public Prosecutor's Office, shall specify the place to be inspected, the person or persons to be apprehended and the objects to be sought, to which alone the search must be limited, and at the conclusion of the search a detailed report shall be drawn up in the presence of two witnesses proposed by the occupant of the place searched or, in his absence or refusal, by the authority carrying out the search.
Private communications are inviolable. The law will punish criminally any act that violates the freedom and privacy of the same, except when they are provided voluntarily by any of the individuals who participate in them. The judge shall assess the scope of such communications, provided that they contain information related to the commission of a crime. In no case will communications that violate the duty of confidentiality established by law be admitted.
Only the federal judicial authority, at the request of the federal authority authorized by law or the head of the Public Prosecutor's Office of the corresponding federal entity, may authorize the interception of any private communication. For this purpose, the competent authority must provide the legal grounds for the request, stating the type of interception, the subjects of the interception and its duration. The federal judicial authority may not grant such authorizations in the case of electoral, fiscal, commercial, civil, labour or administrative matters, nor in the case of communications between the detainee and his or her defence counsel.
The judiciary will have control judges who will immediately resolve, by any means, requests for precautionary measures, precautionary measures and investigative techniques of the authority that require judicial control, guaranteeing the rights of the accused and of the victims or offended parties. There must be a reliable record of all communications between judges and the Public Prosecutor's Office and other competent authorities.
Authorized interventions shall comply with the requirements and limits provided for by law. The results of interventions that do not comply with these shall have no probative value.
The administrative authority may carry out domiciliary visits only to make sure that the sanitary and police regulations have been complied with; and to demand the exhibition of the books and papers indispensable to prove that the fiscal dispositions have been complied with, subject in these cases to the respective laws and to the formalities prescribed for searches.
The correspondence circulated under cover by the mails shall be free from all registration, and its violation shall be punishable by law.
In time of peace, no member of the Army may stay in a private home against the owner's will, nor impose any benefits. In time of war, members of the military may demand lodging, baggage, food and other benefits, under the terms established by the corresponding martial law.
Article reformed DOF 03-02-1983, 03-09-1993, 03-07-1996, 08-03-1999, 18-06-2008
Article 17 . No person may take justice into his own hands or use violence to assert his right.
Every person has the right to have justice administered by courts that shall be ready to impart it within the time limits and terms established by law, issuing their decisions promptly, completely and impartially. Their service shall be free of charge and, consequently, court fees shall be prohibited.
Provided that equality between the parties, due process or other rights are not affected in trials or proceedings conducted in the form of a trial, the authorities shall give priority to the resolution of the conflict over procedural formalities.
Paragraph added DOF 15-09-2017
The Congress of the Union shall issue the laws regulating class actions. Such laws will determine the matters of application, the judicial procedures and the mechanisms for the reparation of damages. Federal judges will have exclusive jurisdiction over these procedures and mechanisms.
The laws shall provide for alternative dispute resolution mechanisms. In criminal matters, they shall regulate their application, ensure reparation of damages and establish the cases in which judicial supervision is required.
Judgments terminating oral proceedings must be explained at a public hearing after the parties have been summoned.
Federal and local laws shall establish the necessary means to ensure the independence of the courts and the full enforcement of their decisions.
The Federation and the states will guarantee the existence of a quality public defence service for the population and will ensure the conditions for a professional career service for public defenders. The salaries of public defenders shall not be lower than those of public prosecutors.
Amended paragraph DOF 29-01-2016
No one can be imprisoned for debts of a purely civil nature.
Article amended DOF 17-03-1987, 18-06-2008, 29-07-2010
Article 18 . Pretrial detention shall be used only for crimes punishable by deprivation of liberty. The place of such detention shall be different from that used for the extinction of sentences, and they shall be completely separate.
The prison system shall be organized on the basis of respect for human rights, work, job training, education, health and sport as a means of reintegrating the convicted person into society and ensuring that he or she does not reoffend, in accordance with the benefits provided for by law. Women shall serve their sentences in places separate from those set aside for men for that purpose.
Amended paragraph DOF 10-06-2011
The Federation and the federative entities may enter into agreements so that persons sentenced for offences within their jurisdiction may serve their sentences in penitentiary establishments under a different jurisdiction.
Amended paragraph DOF 29-01-2016
The Federation and the federative entities will establish, within the scope of their respective competences, a comprehensive system of justice for adolescents, which will be applicable to those who are attributed with the commission of or participation in an act that the law defines as a crime and who are between twelve years of age and less than eighteen years of age. This system will guarantee the human rights that the Constitution recognizes for all persons, as well as those specific rights that have been recognized for adolescents because of their status as developing persons. Persons under twelve years of age who are alleged to have committed or participated in an act designated by law as a crime may only be subject to social assistance.
Amended paragraph DOF 02-07-2015, 29-01-2016
The operation of the system in each order of government will be the responsibility of institutions, courts and authorities specializing in the procurement and administration of justice for adolescents. The guidance, protection and treatment measures that each case merits may be applied, taking into account the comprehensive protection and best interests of the adolescent.
Alternative forms of justice shall be observed in the application of this system, whenever appropriate. The adolescent justice process will be accusatory and oral, in which the guarantee of due legal process will be observed, as well as the independence of the authorities that make the referral and those that impose the measures. The measures must be proportionate to the act committed and must be aimed at the reintegration and social and family reintegration of the adolescent, as well as the full development of his or her person and abilities. Detention shall be used only as an extreme measure and for the shortest appropriate period of time, and may be applied only to adolescents over 14 years of age, for the commission of or participation in an act designated by law as an offence.
Amended paragraph DOF 02-07-2015
Mexican nationals serving sentences in foreign countries may be transferred to Mexico to serve their sentences in accordance with the social reintegration systems provided for in this article, and foreign nationals sentenced for federal or ordinary offences may be transferred to their country of origin or residence, subject to the international treaties that have been concluded for that purpose. Prisoners may be transferred only with their express consent.
Sentenced persons, in the cases and under the conditions established by law, may serve their sentences in the prisons closest to their homes, in order to promote their reintegration into the community as a form of social reintegration. This provision shall not apply in the case of organized crime and in respect of other inmates requiring special security measures.
Special facilities shall be set aside for the pretrial detention and execution of sentences for organized crime. The competent authorities may restrict the communications of accused persons and persons sentenced for organized crime with third parties, except for access to their defence counsel, and impose special surveillance measures on those who are inmates in these establishments. The above may be applied to other inmates who require special security measures, in terms of the law.
Article amended DOF 23-02-1965, 04-02-1977, 14-08-2001, 12-12-2005, 18-06-2008
Article 19 . No detention before a judicial authority may exceed a period of seventy-two hours from the time the accused is placed at its disposal, unless it is justified by an order of committal for trial, which shall state: the offence with which the accused is charged; the place, time and circumstances of execution, as well as the data establishing that an act designated as an offence by law has been committed and that there is a probability that the accused committed it or participated in its commission.
The Public Prosecutor's Office may only request the judge to order pretrial detention when other precautionary measures are not sufficient to guarantee the appearance of the accused at the trial, the development of the investigation, the protection of the victim, witnesses or the community, as well as when the accused is being prosecuted or has been previously sentenced for the commission of an intentional crime. The judge will order preventive detention ex officio in cases of abuse or sexual violence against minors, organized crime, intentional homicide, femicide, rape, kidnapping, human trafficking, housebreaking, use of social programs for electoral purposes, corruption in the crimes of illicit enrichment and abusive exercise of functions, theft of cargo transportation in any of its forms, crimes involving hydrocarbons, oil, petroleum or petrochemicals, crimes committed with violent means such as weapons and explosives, crimes involving firearms and explosives for the exclusive use of the Army, the Navy and the Air Force, as well as serious crimes determined by law against the security of the nation, the free development of the personality, and health.
Amended paragraph DOF 14-07-2011, 12-04-2019
The law shall determine the cases in which the judge may revoke the liberty of individuals bound over for trial.
The time limit for issuing the order of committal for trial may be extended only at the request of the accused, in the manner prescribed by law. Prolonged detention to his or her detriment shall be punishable under criminal law. The authority responsible for the establishment in which the accused is being held if, within the aforementioned time limit, it does not receive an authorized copy of the committal order and the remand order or of the request for an extension of the constitutional time limit, it shall draw the judge's attention to the matter as soon as the time limit expires and, if it does not receive the aforementioned document within the following three hours, it shall release the accused.
All proceedings shall necessarily be conducted for the criminal act or acts indicated in the order of committal for trial. If, in the course of a trial, it appears that a crime other than the one being prosecuted has been committed, it shall be the subject of a separate investigation, without prejudice to the possibility of later decreeing joinder, if appropriate.
If, following the issuance of the indictment for organized crime, the accused evades prosecution or is brought before another judge abroad, the proceedings will be suspended along with the statute of limitations for the criminal action.
Every ill-treatment in apprehension or in prisons, every nuisance inflicted without lawful cause, every charge or contribution in prisons, are abuses which shall be corrected by law and repressed by the authorities.
Article amended DOF 03-09-1993, 08-03-1999, 18-06-2008
Article 20. Criminal proceedings shall be accusatory and oral. It shall be governed by the principles of publicity, contradiction, concentration, continuity, and immediacy.
A . General principles:
I . The purpose of criminal proceedings shall be to clarify the facts, to protect the innocent, to ensure that the guilty party does not go unpunished and that the damage caused by the offence is repaired;
II . All hearings shall be conducted in the presence of the judge, who may not delegate to any person the examination and evaluation of the evidence, which shall be carried out in a free and logical manner;
III . For the purposes of the judgment, only evidence that has been adduced at the trial hearing will be considered as evidence. The law will establish the exceptions and requirements for admitting at trial anticipated evidence, which by its nature requires prior production;
IV . The trial shall be held before a judge who has not previously heard the case. The presentation of arguments and evidence shall be conducted in a public, adversarial and oral manner;
V . The burden of proof to demonstrate guilt lies with the accusing party, as established by the criminal definition. The parties shall have procedural equality to sustain the accusation or the defense, respectively;
VI . No judge may discuss matters that are subject to trial with either party without the presence of the other party, respecting at all times the principle of adversarial proceedings, except for the exceptions established in this Constitution;
VII . Once criminal proceedings have begun, provided that there is no opposition from the accused, early termination may be ordered in the circumstances and in the manner determined by law. If the accused acknowledges before the judicial authority, voluntarily and with knowledge of the consequences, his participation in the crime and there is sufficient evidence to corroborate the accusation, the judge shall summon the accused to a sentencing hearing. The law shall establish the benefits that may be granted to the accused when he accepts his responsibility;
VIII . The judge will only convict when there is conviction of the guilt of the accused;
IX . Any evidence obtained in violation of fundamental rights shall be null and void, and
X . The principles set forth in this article shall also be observed in pre-trial hearings.
B . The rights of any person charged:
I . To be presumed innocent until his or her responsibility is declared by a sentence issued by the judge in the case;
II . To testify or to remain silent. From the moment of his arrest, he shall be informed of the reasons for his arrest and of his right to remain silent, which may not be used to his detriment. Any incommunicado detention, intimidation or torture shall be prohibited and punishable by criminal law. A confession made without the assistance of counsel shall be devoid of any probative value;
III . To be informed, both at the time of arrest and at his or her appearance before the Public Prosecutor's Office or the judge, of the facts with which he or she is charged and the rights to which he or she is entitled. In the case of organized crime, the judicial authority may authorize the name and details of the accuser to be kept confidential.
The law shall establish benefits in favor of the accused, prosecuted or sentenced person who provides effective assistance for the investigation and prosecution of crimes related to organized crime;
IV . Witnesses and other pertinent evidence that he may offer will be received, and he will be granted the time that the law deems necessary for that purpose and will be assisted in obtaining the appearance of the persons whose testimony he requests, under the terms established by law;
V . Shall be tried in a public hearing by a judge or court. Publicity may only be restricted in exceptional cases as determined by law, for reasons of national security, public safety, protection of victims, witnesses and minors, when the disclosure of legally protected data is at risk, or when the court deems that there are well-founded reasons to justify it.
In organized crime, the actions taken during the investigation phase may have probative value when they cannot be reproduced in court or when there is a risk to witnesses or victims. This is without prejudice to the right of the accused to object to or challenge them and to provide counter-evidence;
VI . You will be provided with all the information that you request for your defence and that is included in the process.
The accused and his defence counsel shall have access to the records of the investigation when the former is in custody and when he intends to be heard or interviewed. Likewise, prior to their first appearance before a judge, they may consult these records, in due time to prepare their defence. From that time onwards, the proceedings of the investigation may not be kept confidential, except in the exceptional cases expressly indicated in the law when it is essential to safeguard the success of the investigation and provided that they are disclosed in a timely manner so as not to affect the right of defence;
VII . He shall be tried within four months in the case of offences for which the maximum penalty does not exceed two years' imprisonment, and within one year if the penalty exceeds that time, unless he requests more time for his defence;
VIII . He shall have the right to an adequate defence by counsel, whom he shall be free to choose even from the moment of his arrest. If he is unwilling or unable to appoint a lawyer, the judge shall, after being requested to do so, appoint a public defender for him. He shall also have the right to have his defence counsel appear at all the acts of the proceedings, and the latter shall be obliged to do so as often as required; and
IX . In no case may imprisonment or detention be prolonged for non-payment of defence counsel fees or any other payment of money, for civil liability or any other similar reason.
Pretrial detention may not exceed the maximum sentence established by law for the offence for which the proceedings are being held and in no case may it exceed two years, except where its extension is due to the exercise of the accused's right of defence. If, on expiry of this period, no sentence has been handed down, the accused shall be released immediately while the proceedings continue, although this shall not preclude the imposition of other precautionary measures.
In any sentence of imprisonment imposed by a sentence, the time of detention shall be counted.
C . The rights of the victim or injured party:
I . To receive legal advice; to be informed of the rights established in their favour by the Constitution and, when they so request, to be informed of the progress of criminal proceedings;
II . To cooperate with the Public Prosecutor's Office; to be provided with all the data or elements of proof that it has, both in the investigation and in the process, to have the corresponding procedures carried out, and to intervene in the trial and file appeals under the terms provided by law.
When the Public Prosecutor's Office considers that it is not necessary to carry out the proceeding, it must justify its refusal;
III . Receive, from the commission of the crime, emergency medical and psychological care;
IV . That the damage be repaired. In appropriate cases, the Public Prosecutor's Office shall be obliged to request reparation for the damage, without prejudice to the possibility that the victim or injured party may request it directly, and the judge may not absolve the convicted person from such reparation if he has issued a conviction.
The law shall establish expeditious procedures for the enforcement of judgments on reparations for damages;
V . To the protection of their identity and other personal data in the following cases: when they are minors; in the case of crimes of rape, trafficking in persons, kidnapping or organized crime; and when, in the opinion of the judge, it is necessary for their protection, safeguarding in all cases the rights of the defence.
Amended paragraph DOF 14-07-2011
The Public Prosecutor's Office must guarantee the protection of victims, offended parties, witnesses and, in general, all those involved in the process. Judges must oversee the proper fulfillment of this obligation;
VI . To request the necessary precautionary measures and measures for the protection and restitution of their rights, and
VII . To challenge before a judicial authority the omissions of the Public Prosecutor's Office in the investigation of crimes, as well as the resolutions of reservation, non-exercise, dismissal of the criminal action or suspension of the procedure when the reparation of the damage is not satisfied.
Erratum to the article DOF 06-02-1917. Article amended DOF 02-12-1948, 14-01-1985, 03-09-1993, 03-07-1996, 21-09-2000, 18-06-2008.
Article 21 . The investigation of crimes is the responsibility of the Public Prosecutor's Office and the police, which shall act under the direction and command of the Public Prosecutor's Office in the exercise of this function.
Criminal prosecution before the courts is the responsibility of the Public Prosecutor's Office. The law shall determine the cases in which individuals may bring criminal proceedings before the judicial authority.
The imposition of sentences, their modification and duration are the exclusive responsibility of the judicial authority.
The administrative authority is responsible for the application of sanctions for infractions of governmental and police regulations, which shall only consist of a fine, arrest for up to thirty-six hours or community service; but if the offender does not pay the fine imposed on him, the fine shall be exchanged for the corresponding arrest, which shall in no case exceed thirty-six hours.
If the offender of the governmental and police regulations is a day laborer, worker or laborer, he may not be fined more than the amount of his day's wage or salary.
In the case of non-salaried workers, the fine imposed for infringement of government and police regulations shall not exceed the equivalent of one day's income.
The Public Prosecutor's Office may consider criteria of opportunity for the exercise of criminal action, under the assumptions and conditions established by law.
The Federal Executive may, with the approval of the Senate in each case, recognize the jurisdiction of the International Criminal Court.
Public security is a function of the State that is the responsibility of the Federation, the federal entities and the municipalities, whose purposes are to safeguard the life, liberties, integrity and patrimony of persons, as well as to contribute to the generation and preservation of public order and social peace, in accordance with the provisions of this Constitution and the laws on the matter. Public security includes the prevention, investigation and prosecution of crimes, as well as the punishment of administrative infractions, under the terms of the law, in the respective competences indicated in this Constitution. The actions of public security institutions shall be governed by the principles of legality, objectivity, efficiency, professionalism, honesty and respect for the human rights recognized in this Constitution.
Amended paragraph DOF 29-01-2016, 26-03-2019
Public security institutions, including the National Guard, will be civilian, disciplined and professional. The Public Prosecutor's Office and the police institutions of the three levels of government shall coordinate with each other to fulfill the purposes of public security and shall form the National Public Security System, which shall be subject to the following minimum bases:
Amended paragraph DOF 26-03-2019
a) The regulation of the selection, admission, training, permanence, evaluation, recognition and certification of the members of public security institutions. The operation and development of these actions will be the responsibility of the Federation, the federal entities and the municipalities within the scope of their respective powers.
Reformed clause DOF 29-01-2016
b) The establishment of a national public security information system under the responsibility of the Federation, to which the Federation, the states and the municipalities, through the agencies responsible for public security, will provide the information they have available in this area, in accordance with the law. The system will also contain criminal and personnel databases for public security institutions. No person may join public security institutions unless he or she has been duly certified and registered in the system.
Subsection amended DOF 26-03-2019
c ) The formulation of public policies aimed at preventing the commission of crimes.
d ) Community participation will be determined and will contribute, inter alia, to the evaluation of crime prevention policies and public security institutions.
e ) Federal assistance funds for public security, at the national level, will be contributed to the states and municipalities to be used exclusively for these purposes.
The Federation will have a civilian police institution called the National Guard, whose purposes are those indicated in the ninth paragraph of this article, coordination and collaboration with the federal entities and municipalities, as well as the safeguarding of the Nation's assets and resources.
Paragraph added DOF 26-03-2019
The law will determine the organizational and management structure of the National Guard, which will be attached to the secretariat of the public security branch, which will formulate the National Public Security Strategy, the respective programs, policies and actions.
Paragraph added DOF 26-03-2019
The training and performance of members of the National Guard and other police institutions will be governed by a police doctrine based on service to society, discipline, respect for human rights, the rule of law, superior command and, as appropriate, a gender perspective.
Paragraph added DOF 26-03-2019
Article amended DOF 03-02-1983, 31-12-1994, 03-07-1996, 20-06-2005, 18-06-2008
Article 22 . Punishments of death, mutilation, infamy, branding, whipping, flogging, beating, torment of any kind, excessive fines, confiscation of property and any other unusual and far-reaching penalties shall be prohibited. Any penalty shall be proportionate to the offence it punishes and to the legal right affected.
The application of property of a person shall not be considered confiscation when it is decreed for the payment of fines or taxes, nor when it is decreed by the judicial authority for the payment of civil liability derived from the commission of a crime. The confiscation ordered by the judicial authority of property in the case of illicit enrichment under the terms of article 109, the application in favour of the State of insured property that is abandoned under the terms of the applicable provisions, or of property whose ownership is declared extinct in a judgment, shall not be considered confiscation either.
Amended paragraph DOF 27-05-2015, 14-03-2019
The action for the extinction of ownership shall be exercised by the Public Prosecutor's Office through a jurisdictional procedure of a civil nature and autonomous from the criminal procedure. The competent authorities of the different levels of government will assist it in the fulfillment of this function. The law will establish the mechanisms for the authorities to administer the assets subject to the process of extinguishment of ownership, including their products, yields, fruits and accessories, so that the authority carries out their disposal, use, usufruct, alienation and monetization, taking into account the public interest, and defines with criteria of opportunity the destination and, where appropriate, the destruction of the same.
Paragraph added DOF 14-03-2019
It will be applicable to assets whose legitimate origin cannot be accredited and are related to investigations derived from corruption, concealment, crimes committed by public servants, organized crime, vehicle theft, resources of illicit origin, crimes against health, kidnapping, extortion, human trafficking and crimes related to hydrocarbons, petroleum and petrochemicals.
Paragraph added DOF 14-03-2019
Any person who considers himself to be affected shall be guaranteed access to adequate means of defense to demonstrate the legitimate origin of the property subject to the procedure.
Paragraph added DOF 14-03-2019
Article reformed DOF 28-12-1982, 03-07-1996, 08-03-1999, 09-12-2005, 18-06-2008
Article 23 . No criminal trial shall have more than three instances. No one may be tried twice for the same offence, whether he is acquitted or convicted at trial. The practice of acquitting of the instance is prohibited.
Original article DOF 05-02-1917
Article 24 . Everyone has the right to freedom of ethical conviction, conscience and religion, and to hold or adopt, as the case may be, the religion of his choice. This freedom includes the right to participate, individually or collectively, both in public and in private, in the ceremonies, devotions or acts of worship of the respective religion, provided that they do not constitute a crime or misdemeanour punishable by law. No one may use public acts of expression of this freedom for political purposes, proselytism or political propaganda.
Amended paragraph DOF 19-07-2013
Congress cannot make laws establishing or prohibiting any religion.
Religious acts of public worship shall ordinarily be held in churches. Those that are held extraordinarily outside these shall be subject to the regulatory law.
Article amended DOF 28-01-1992
Article 25 . The State is responsible for guiding national development to ensure that it is comprehensive and sustainable, that it strengthens the Sovereignty of the Nation and its democratic regime and that, through competitiveness, the promotion of economic growth and employment and a fairer distribution of income and wealth, it allows the full exercise of the freedom and dignity of individuals, groups and social classes, whose security is protected by this Constitution. Competitiveness shall be understood as the set of conditions necessary to generate greater economic growth, promoting investment and the generation of employment.
Amended paragraph DOF 28-06-1999, 05-06-2013
The State shall ensure the stability of public finances and the financial system to help generate favorable conditions for economic growth and employment. The National Development Plan and state and municipal plans shall observe this principle.
Paragraph added DOF 26-05-2015
The State shall plan, conduct, coordinate and guide national economic activity, and shall carry out the regulation and promotion of the activities demanded by the general interest within the framework of the freedoms granted by this Constitution.
The public sector, the social sector and the private sector shall contribute to national economic development in a socially responsible manner, without detriment to other forms of economic activity that contribute to the development of the Nation.
The public sector will be exclusively in charge of the strategic areas indicated in the fourth paragraph of Article 28 of the Constitution, with the Federal Government always maintaining ownership and control over the agencies and productive enterprises of the State that may be established, as the case may be. With regard to the planning and control of the national electricity system, and the public service of transmission and distribution of electricity, as well as the exploration and extraction of oil and other hydrocarbons, the Nation shall carry out such activities in terms of the provisions of the sixth and seventh paragraphs of Article 27 of this Constitution. In the aforementioned activities, the law will establish the rules relating to the administration, organization, operation, contracting procedures and other legal acts entered into by the State productive enterprises, as well as the remuneration regime for their personnel, in order to guarantee their effectiveness, efficiency, honesty, productivity, transparency and accountability, based on best practices, and will determine the other activities that they may carry out.
Amended paragraph DOF 20-12-2013
It may also participate on its own or with the social and private sectors, in accordance with the law, to promote and organize the priority areas of development.
Under criteria of social equity, productivity and sustainability, support and encouragement will be given to enterprises in the social and private sectors of the economy, subjecting them to the modalities dictated by the public interest and to the use, for the general benefit, of productive resources, taking care of their conservation and the environment.
Amended paragraph DOF 20-12-2013
The law shall establish the mechanisms that facilitate the organization and expansion of the economic activity of the social sector: of ejidos, workers' organizations, cooperatives, communities, enterprises that belong mainly or exclusively to the workers and, in general, of all forms of social organization for the production, distribution and consumption of socially necessary goods and services.
The law shall encourage and protect the economic activity carried out by individuals and shall provide the conditions for the development of the private sector to contribute to national economic development, promoting competitiveness and implementing a national policy for sustainable industrial development that includes sectoral and regional aspects, under the terms established in this Constitution.
Amended paragraph DOF 05-06-2013, 20-12-2013
In order to contribute to the fulfillment of the objectives indicated in the first, sixth and ninth paragraphs of this article, the authorities of all levels of government, within the scope of their competence, shall implement public policies of regulatory improvement for the simplification of regulations, procedures, services and other objectives established by the general law on the matter.
Paragraph added DOF 05-02-2017
Reformed article DOF 03-02-1983
Article 26 .
A . The State shall organize a system of democratic planning of national development that will give solidity, dynamism, competitiveness, permanence and equity to the growth of the economy for the independence and political, social and cultural democratization of the nation.
Amended paragraph DOF 05-06-2013
The aims of the national project contained in this Constitution shall determine the objectives of planning. Planning shall be democratic and deliberative. Through the mechanisms of participation established by law, it shall gather the aspirations and demands of society in order to incorporate them into the development plan and programs. There shall be a national development plan to which the programs of the Federal Public Administration shall be obligatorily subject.
Amended paragraph DOF 10-02-2014
The law will empower the Executive to establish the procedures for popular participation and consultation in the national democratic planning system, and the criteria for the formulation, implementation, control and evaluation of the development plan and programs. It will also determine the bodies responsible for the planning process and the bases for the Federal Executive to coordinate through agreements with the governments of the federal entities and to induce and agree with individuals the actions to be carried out for their elaboration and execution. The national development plan will consider the continuity and necessary adaptations of the national policy for industrial development, with sectorial and regional aspects.
Amended paragraph DOF 05-06-2013
In the democratic and deliberative planning system, the Congress of the Union shall have the intervention indicated by law.
Amended paragraph DOF 10-02-2014
B. The State will have a National System of Statistical and Geographic Information whose data will be considered official. For the Federation, the federal entities, the municipalities and the territorial districts of Mexico City, the data contained in the System will be of mandatory use under the terms established by law.
Amended paragraph DOF 29-01-2016
The responsibility for regulating and coordinating this system will be the responsibility of a body with technical and managerial autonomy, legal personality and its own assets, with the necessary powers to regulate the collection, processing and publication of the information generated and to provide for its observance.
The agency will have a Governing Board composed of five members, one of whom will serve as President of the Board and of the agency itself; they will be appointed by the President of the Republic with the approval of the Chamber of Senators or, in its recesses, by the Permanent Commission of the Congress of the Union.
The law will establish the bases for the organization and operation of the National System of Statistical and Geographic Information, in accordance with the principles of accessibility to information, transparency, objectivity and independence; the requirements to be met by the members of the Governing Board, the duration and staggering of their term of office.
The members of the Board of Governors may only be removed for serious cause and may not hold any other employment, office or commission, with the exception of those not remunerated in educational, scientific, cultural or charitable institutions; and shall be subject to the provisions of Title Four of this Constitution.
The agency will calculate in the terms established by law, the value of the Unit of Measurement and Updating that will be used as a unit of account, index, base, measure or reference to determine the amount of the payment of the obligations and assumptions provided for in the federal laws, of the federal entities and of the Federal District, as well as in the legal provisions that emanate from all of the above.
Paragraph added DOF 27-01-2016
Obligations and assumptions denominated in Units of Measurement and Updating shall be considered of a determined amount and shall be settled by delivering their equivalent in local currency. For this purpose, the amount of the obligation or assumption, expressed in the aforementioned units, shall be multiplied by the value of such unit as of the corresponding date.
Paragraph added DOF 27-01-2016
C. The State will have a National Council for the Evaluation of Social Development Policy, which will be an autonomous body, with its own legal personality and assets, in charge of measuring poverty and evaluating the programmes, objectives, goals and actions of social development policy, as well as issuing recommendations under the terms established by law, which will establish the forms of coordination of the body with federal, local and municipal authorities for the exercise of its functions.
The National Council for the Evaluation of Social Development Policy will be composed of a President and six Councilors who must be Mexican citizens of recognized prestige in the private and social sectors, as well as in the academic and professional fields; have at least ten years of experience in the field of social development; and not belong to any political party or have been a candidate to occupy a public office of popular election. They will be appointed, under the procedure determined by law, by a two-thirds vote of the members of the Chamber of Deputies present. The appointment may be objected to by the President of the Republic within ten working days and, if he fails to do so, the person appointed by the Chamber of Deputies shall occupy the position of counselor. Every four years, the two longest-serving directors shall be replaced, unless they are proposed and ratified for a second term.
The President of the National Council for the Evaluation of Social Development Policy shall be elected under the same terms of the previous paragraph. He/she shall hold office for five years, may be reelected only once and may only be removed from office under the terms of Title Four of this Constitution.
The President of the National Council for the Evaluation of Social Development Policy shall present an annual report of activities to the Powers of the Union. He/she shall appear before the Chambers of Congress under the terms established by law.
Paragraph added DOF 10-02-2014
Article reformed DOF 03-02-1983, 07-04-2006
Article 27 . The ownership of the lands and waters within the limits of the national territory belongs originally to the Nation, which has had and has the right to transfer the domain of these lands and waters to private individuals, constituting private property.
Expropriations may only be made for reasons of public utility and by means of compensation.
The nation shall at all times have the right to impose on private property the modalities dictated by the public interest, as well as to regulate, for the benefit of society, the use of natural elements susceptible of appropriation, in order to make an equitable distribution of public wealth, take care of its conservation, achieve the balanced development of the country and the improvement of the living conditions of the rural and urban population. Consequently, the necessary measures shall be taken to organize human settlements and to establish adequate provisions, uses, reserves and destinations of land, water and forests, in order to carry out public works and to plan and regulate the foundation, conservation, improvement and growth of population centers; to preserve and restore the ecological balance; to divide up large estates; to provide, under the terms of the regulatory law, for the organization and collective exploitation of ejidos and communities; for the development of small rural property; for the promotion of agriculture, livestock, forestry and other economic activities in rural areas; and to prevent the destruction of natural elements and the damage that property may suffer to the detriment of society.
Amended paragraph DOF 06-02-1976, 10-08-1987, 06-01-1992
The Nation has direct control over all the natural resources of the continental shelf and the submarine sockets of the islands; over all minerals or substances which, in veins, mantles, masses or deposits, constitute deposits whose nature is different from the components of the land, such as minerals from which metals and metalloids used in industry are extracted; deposits of precious stones, rock salt and salt mines formed directly by marine waters; products derived from the decomposition of rocks, when their exploitation requires underground workings; mineral or organic deposits of materials capable of being used as fertilizers; solid mineral fuels; petroleum and all solid, liquid or gaseous hydrogen carbides; and the space situated on national territory, to the extent and under the terms established by international law.
Amended paragraph DOF 20-01-1960
The waters of the territorial seas are the property of the Nation to the extent and under the terms established by International Law; inland marine waters; those of lagoons and estuaries that communicate permanently or intermittently with the sea; those of naturally formed inland lakes that are directly linked to constant currents; those of rivers and their direct or indirect tributaries from the point where the first permanent or intermittent waters begin; those of naturally formed inland lakes which are directly linked to constant currents; those of rivers and their direct or indirect tributaries, from the point of the channel where the first permanent, intermittent or torrential waters begin, to their mouth in the sea, lakes, lagoons or estuaries of national property; Those of constant or intermittent streams and their direct or indirect tributaries, when the channel of the former in all or part of its extension, serves as a limit to the national territory or to two federative entities, or when it passes from one federative entity to another or crosses the dividing line of the Republic; that of lakes, lagoons or estuaries whose vessels, zones or banks are crossed by the dividing lines of two or more states or between the Republic and a neighboring country, or when the limit of the banks serves as a boundary between two states or between the Republic and a neighboring country; Those of springs gushing from beaches, maritime zones, riverbeds, watercourses or banks of lakes, lagoons or estuaries of national property, and those extracted from mines; and the riverbeds, beds or banks of lakes and inland streams to the extent provided for by law. Subsoil waters may be freely illuminated by means of artificial works and appropriated by the owner of the land, but when the public interest so requires or other uses are affected, the Federal Executive may regulate their extraction and utilization and may even establish closed areas, as for other waters of national property. Any other waters not included in the foregoing enumeration shall be considered an integral part of the property of the lands through which they flow or on which their deposits are located, but if they are located on two or more properties, the use of such waters shall be considered to be of public utility and shall be subject to the provisions to be issued by the federative entities.
Amended paragraph DOF 21-04-1945, 20-01-1960, 29-01-2016
In the cases referred to in the two preceding paragraphs, the domain of the Nation is inalienable and imprescriptible, and the exploitation, use or exploitation of the resources in question, by private individuals or by companies incorporated under Mexican law, may not be carried out except by means of concessions granted by the Federal Executive, in accordance with the rules and conditions established by law, except in radio broadcasting and telecommunications, which shall be granted by the Federal Telecommunications Institute. The legal rules relating to works or works for the exploitation of the minerals and substances referred to in the fourth paragraph will regulate the execution and verification of those that are carried out or must be carried out as from their validity, regardless of the date of granting of the concessions, and their non-observance will give rise to the cancellation of the concessions. The Federal Government has the power to establish national reserves and to suppress them. The corresponding declarations will be made by the Executive in the cases and under the conditions provided by law. In the case of radioactive minerals, no concessions will be granted. The planning and control of the national electric system, as well as the public service of transmission and distribution of electric energy corresponds exclusively to the Nation; in these activities no concessions will be granted, without prejudice that the State may enter into contracts with private parties under the terms established by the laws, which will determine the manner in which private parties may participate in the other activities of the electric industry.
Amended paragraph DOF 09-11-1940, 20-01-1960, 06-02-1975, 11-06-2013, 20-12-2013
In the case of oil and solid, liquid or gaseous hydrocarbons in the subsoil, the property of the Nation is inalienable and imprescriptible and no concessions will be granted. In order to obtain income for the State that will contribute to the long-term development of the Nation, it will carry out the activities of exploration and extraction of oil and other hydrocarbons through assignments to productive companies of the State or through contracts with them or with individuals, under the terms of the Regulatory Law. In order to comply with the purpose of such assignments or contracts, the State productive companies may contract with private parties. In any case, the hydrocarbons in the subsoil are property of the Nation and this must be stated in the assignments or contracts.
Paragraph added DOF 20-12-2013
The Nation is also responsible for the use of nuclear fuels for the generation of nuclear energy and the regulation of its applications for other purposes. The use of nuclear energy may only be for peaceful purposes.
Paragraph added DOF 29-12-1960. Erratum to paragraph DOF 07-01-1961. Amended DOF 06-02-1975
The Nation exercises in an exclusive economic zone located outside the territorial sea and adjacent to it, the rights of sovereignty and the jurisdictions determined by the laws of Congress. The exclusive economic zone shall extend two hundred nautical miles, measured from the baseline from which the territorial sea is measured. In those cases in which this extension produces overlapping with the exclusive economic zones of other States, the delimitation of the respective zones shall be made to the extent necessary, by agreement with these States.
Paragraph added DOF 06-02-1976
The capacity to acquire ownership of the lands and waters of the Nation shall be governed by the following prescriptions:
Reformed paragraph DOF 02-12-1948, 20-01-1960
I. Only Mexicans by birth or naturalization and Mexican corporations have the right to acquire the ownership of lands, waters and their accessions or to obtain concessions for the exploitation of mines or waters. The State may grant the same right to foreigners, provided that they agree before the Secretariat of Relations to consider themselves as nationals with respect to such property and not to invoke for the same reason the protection of their governments with respect to the same; under penalty, in case of failure to comply with the agreement, of forfeiting to the benefit of the Nation the property acquired by virtue thereof. In a strip of one hundred kilometers along the frontiers and fifty kilometers along the beaches, foreigners may not, for any reason, acquire direct dominion over lands and waters.
The State, in accordance with domestic public interests and the principles of reciprocity, may, at the discretion of the Secretariat of Relations, grant authorization to foreign States to acquire, in the permanent place of residence of the Federal Powers, private ownership of real property necessary for the direct service of their embassies or legations.
Reformed fraction DOF 02-12-1948, 20-01-1960
II. Religious associations that are constituted under the terms of Article 130 and its regulatory law shall have the capacity to acquire, possess or administer, exclusively, the property that is indispensable for their purpose, subject to the requirements and limitations established by the regulatory law;
Reformed fraction DOF 28-01-1992
III. Charitable institutions, public or private, whose purpose is to help the needy, scientific research, the dissemination of education, the mutual aid of members, or any other lawful purpose, may not acquire more real estate than is indispensable for their purpose, immediately or directly destined to it, subject to the provisions of the regulatory law;
Reformed fraction DOF 28-01-1992
IV. Commercial joint-stock companies may own rural land, but only to the extent necessary for the fulfillment of their purpose.
In no case may companies of this kind own land dedicated to agricultural, livestock or forestry activities to a greater extent than the respective equivalent of twenty-five times the limits indicated in section XV of this article. The regulatory law shall regulate the capital structure and the minimum number of partners in these companies, so that the land owned by the company does not exceed the limits of small ownership in relation to each partner. In this case, all individual share ownership, corresponding to rural land, will be cumulative for purposes of computation. The law shall also specify the conditions for foreign participation in such partnerships.
The law itself shall establish the means of registration and control necessary for compliance with the provisions of this section;
Reformed fraction DOF 06-01-1992
V. Duly authorized banks, in accordance with the laws of credit institutions, may hold capital imposed on urban and rural property in accordance with the prescriptions of said laws, but may not own or administer more real estate than is entirely necessary for their direct purpose.
VI. The federal entities, as well as the municipalities throughout the Republic, shall have full capacity to acquire and own all real estate necessary for public services.
Amended paragraph DOF 08-10-1974, 06-01-1992, 29-01-2016
The laws of the Federation and of the federal entities in their respective jurisdictions shall determine the cases in which the occupation of private property is of public utility, and in accordance with said laws the administrative authority shall make the corresponding declaration. The price to be fixed as compensation for the expropriated thing shall be based on the amount that appears as its fiscal value in the cadastral or collection offices, whether this value has been declared by the owner or simply tacitly accepted by him because he has paid his taxes on this basis. The excess value or the depreciation of the private property due to improvements or deterioration occurring after the date of the assignment of the tax value shall be the only thing that shall be subject to expert judgment and judicial resolution. The same shall be observed in the case of objects whose value is not fixed in the rent offices.
Amended paragraph DOF 29-01-2016
The exercise of the actions corresponding to the Nation, by virtue of the provisions of the present article, shall be made effective by judicial procedure; but within this procedure and by order of the corresponding courts, which shall be issued within a maximum period of one month, the administrative authorities shall immediately proceed to the occupation, administration, auction or sale of the lands or waters in question and all their appurtenances, without in any case being able to revoke what has been done by the same authorities before an enforceable judgment is rendered.
VII. The legal personality of the ejido and communal population nuclei is recognized and their ownership of land is protected, both for human settlement and for productive activities.
The law shall protect the integrity of the lands of indigenous groups.
The law, considering the respect and strengthening of the communal life of the ejidos and communities, shall protect the land for human settlement and shall regulate the use of land, forests and waters of common use and the provision of the necessary development actions to raise the standard of living of its inhabitants.
The law, with respect for the will of the ejidatarios and communal owners to adopt the conditions that best suit them in the use of their productive resources, will regulate the exercise of the rights of the communal owners over the land and of each ejidatario over his plot. It shall also establish the procedures by which ejidatarios and comuneros may associate among themselves, with the State or with third parties and grant the use of their lands; and, in the case of ejidatarios, transfer their land rights among the members of the population nucleus; it shall also establish the requirements and procedures according to which the ejidal assembly shall grant the ejidatario dominion over his or her plot. In the case of alienation of plots, the right of preference provided for by law shall be respected.
Within the same population nucleus, no ejidatario may own more land than the equivalent of 5% of the total ejido lands. In any case, the ownership of land in favour of a single ejidatario must comply with the limits indicated in section XV.
The general assembly is the supreme body of the ejidal or communal population nucleus, with the organization and functions established by law. The ejidal or communal property commissariat, democratically elected under the terms of the law, is the representative body of the nucleus and is responsible for executing the resolutions of the assembly.
The restitution of lands, forests and waters to the population centers will be made under the terms of the regulatory law;
Reformed fraction DOF 06-12-1937, 06-01-1992
VIII. They are declared null and void:
a) All alienations of lands, waters and mountains belonging to the towns, rancherías, congregations or communities, made by the political chiefs, State Governors, or any other local authority in contravention of the provisions of the Law of June 25, 1856 and other related laws and provisions;
b) All concessions: compositions or sales of lands, waters and mountains, made by the Secretaries of Development, Treasury or any other federal authority, from December 1, 1876, to date, with which the ejidos, common lands or any other type of land belonging to towns, rancherías, congregations or communities, and population centers have been illegally invaded and occupied.
c) All the procedures of survey or demarcation, transactions, alienations or auctions carried out during the period of time referred to in the preceding section, by companies, judges or other authorities of the States or of the Federation, with which lands, waters and mountains of the ejidos, lands of common distribution, or of any other kind, belonging to population centers, have been illegally invaded or occupied.
Excepted from the above nullity are only those lands that have been titled in the repartimientos made in accordance with the Law of June 25, 1856, and owned in their own name for more than ten years when their area does not exceed fifty hectares.
IX. The division or distribution that has been made with the appearance of legitimacy among the neighbors of a population center and in which there has been error or defect, may be nullified when requested by three-fourths of the neighbors who are in possession of one-fourth of the land, subject of the division, or one-fourth of the same neighbors when they are in possession of three-fourths of the land.
X. (Repealed)
Erratum to section DOF 03-03-1934. Amended DOF 12-02-1947. Repealed DOF 06-01-1992
XI. (repealed)
Section amended DOF 08-10-1974. Repealed DOF 06-01-1992
XII. (repealed)
Section amended DOF 08-10-1974. Repealed DOF 06-01-1992
XIII. (repealed)
Section repealed DOF 06-01-1992
XIV. (repealed)
Section amended DOF 12-02-1947. Repealed DOF 06-01-1992
XV. In the United Mexican States large estates are prohibited.
A small agricultural property is considered to be that which does not exceed, per individual, one hundred hectares of irrigated or prime moisture or its equivalent in other classes of land.
For the purposes of equivalence, one hectare of irrigated land will be counted for two hectares of rainfed land, for four hectares of good quality pasture land and for eight hectares of forest, woodland or pasture land in arid lands.
It will also be considered as small property, the area that does not exceed per individual of one hundred and fifty hectares when the land is devoted to the cultivation of cotton, if they receive irrigation, and three hundred, when they are intended for the cultivation of bananas, sugar cane, coffee, sisal, rubber, palm, vine, olive, quina, vanilla, cocoa, agave, cactus or fruit trees.
A small livestock property shall be considered to be that which does not exceed per individual the area necessary to maintain up to five hundred head of large livestock or their equivalent in small livestock, under the terms established by law, in accordance with the forage capacity of the land.
When, as a result of irrigation, drainage or any other works carried out by the owners or possessors of a small property, the quality of their land has been improved, it shall continue to be considered a small property, even when, by virtue of the improvement obtained, the maximums specified in this section are exceeded, provided that the requirements laid down by law are met.
When, within a small livestock property, improvements are made to its lands and these are used for agricultural purposes, the area used for this purpose may not exceed, as the case may be, the limits referred to in the second and third paragraphs of this section that correspond to the quality that such lands would have had before the improvement;
Reformed fraction DOF 12-02-1947, 06-01-1992
XVI. (repealed)
Section repealed DOF 06-01-1992
XVII. The Congress of the Union and the legislatures of the states, in their respective jurisdictions, shall issue laws that establish the procedures for the division and alienation of the extensions that exceed the limits indicated in sections IV and XV of this article.
The surplus must be divided up and disposed of by the owner within a period of one year from the date of the corresponding notification. If the surplus has not been disposed of after this period has elapsed, the sale shall be made by means of a public auction. All other things being equal, the right of first refusal provided for in the regulatory law shall be respected.
Local laws shall organize the family patrimony, determining the property that is to constitute it, on the basis that it shall be inalienable and shall not be subject to any attachment or encumbrance;
Reformed fraction DOF 08-10-1974, 06-01-1992
XVIII. All contracts and concessions made by previous Governments since the year 1876, which have resulted in the monopolization of lands, waters and natural wealth of the Nation by a single person or corporation, are declared reviewable, and the Executive of the Union is empowered to declare them null and void when they imply serious harm to the public interest.
XIX. Based on this Constitution, the State shall provide measures for the expeditious and honest administration of agrarian justice, with the aim of guaranteeing legal security in the tenure of ejido, communal and smallholding land, and shall support the legal advice of peasants.
All questions relating to the boundaries of ejido and communal lands, whatever their origin, which are pending or arise between two or more population centres, as well as those relating to the land tenure of ejidos and communities, are within federal jurisdiction. For these purposes and, in general, for the administration of agrarian justice, the law shall establish courts endowed with autonomy and full jurisdiction, composed of magistrates proposed by the Federal Executive and appointed by the Chamber of Senators or, during its recess, by the Permanent Commission.
Paragraph added DOF 06-01-1992
The law shall establish a body for the administration of agrarian justice; and
Paragraph added DOF 06-01-1992
Fraction added DOF 03-02-1983
XX. The State shall promote the conditions for integral rural development, with the purpose of generating employment and guaranteeing the well-being of the peasant population and their participation and incorporation in national development, and shall promote agricultural and forestry activity for the optimal use of the land, with infrastructure works, inputs, credits, training services and technical assistance. It shall also issue regulatory legislation to plan and organize agricultural production, industrialization and marketing, considering them to be in the public interest.
The integral and sustainable rural development referred to in the previous paragraph will also have among its purposes that the State guarantees the sufficient and timely supply of basic foodstuffs established by law.
Paragraph added DOF 13-10-2011
Fraction added DOF 03-02-1983
Article amended DOF 10-01-1934
Article 28 .- In the United States of Mexico, monopolies, monopolistic practices, monopolies, tax remissions and tax exemptions are prohibited under the terms and conditions established by law. The same treatment shall be given to prohibitions for the protection of industry.
Amended paragraph DOF 06-03-2020
Accordingly, the law shall severely punish, and the authorities shall effectively prosecute, any concentration or hoarding in one or a few hands of articles of necessary consumption and which has as its object the raising of prices; any agreement, procedure or combination of producers, industrialists, merchants or service entrepreneurs, which in any way they do, to prevent free competition or competition among themselves or to force consumers to pay exaggerated prices and, in general, everything that constitutes an undue exclusive advantage in favor of one or several determined persons and to the detriment of the public in general or of any social class.
Amended paragraph DOF 11-06-2013
The laws shall establish the basis for setting maximum prices for articles, materials or products considered necessary for the national economy or popular consumption, as well as for imposing modalities for the organization of the distribution of such articles, materials or products, in order to prevent unnecessary or excessive intermediation from causing insufficient supply, as well as price increases. The law shall protect consumers and shall encourage their organization for the best care of their interests.
The functions that the State exercises exclusively in the following strategic areas shall not constitute monopolies: post, telegraph and radiotelegraphy; radioactive minerals and nuclear energy generation; the planning and control of the national electric system, as well as the public service of transmission and distribution of electric energy, and the exploration and extraction of oil and other hydrocarbons, under the terms of the sixth and seventh paragraphs of Article 27 of this Constitution, respectively; as well as the activities expressly indicated by the laws issued by the Congress of the Union. Satellite communication and railways are priority areas for national development under the terms of Article 25 of this Constitution; the State, in exercising its stewardship in them, shall protect the security and sovereignty of the Nation, and in granting concessions or permits shall maintain or establish the domain of the respective means of communication in accordance with the laws of the matter.
Amended paragraph DOF 20-08-1993, 02-03-1995, 20-12-2013
The State shall have the agencies and companies it requires for the effective management of the strategic areas under its responsibility and in priority activities where, in accordance with the law, it participates by itself or with the social and private sectors.
The State shall have a central bank that shall be autonomous in the exercise of its functions and in its administration. Its primary objective shall be to ensure the stability of the purchasing power of the national currency, thereby strengthening the State's stewardship of national development. No authority may order the bank to grant financing. The State will have a public trust called the Mexican Petroleum Fund for Stabilization and Development, whose fiduciary institution will be the central bank and whose purpose will be, under the terms established by law, to receive, administer and distribute the income derived from the assignments and contracts referred to in the seventh paragraph of article 27 of this Constitution, with the exception of taxes.
Paragraph added DOF 20-08-1993. Amended DOF 20-12-2013
The functions that the State exercises exclusively through the central bank in the strategic areas of minting currency and issuing banknotes do not constitute monopolies. The central bank, under the terms established by law and with the intervention of the competent authorities, will regulate foreign exchange, as well as financial intermediation and services, with the necessary powers of authority to carry out such regulation and provide for its observance. The management of the bank will be in charge of persons whose appointment will be made by the President of the Republic with the approval of the Chamber of Senators or the Permanent Commission, as the case may be; they will perform their duties for periods whose duration and staggering provide for the autonomous exercise of their functions; they may only be removed for serious cause and may not hold any other job, position or commission, with the exception of those that act in representation of the bank and those not remunerated in educational, scientific, cultural or charitable associations (sic DOF 20-08-1993) . The persons in charge of the management of the central bank may be subject to impeachment in accordance with the provisions of Article 110 of this Constitution.
Paragraph added DOF 20-08-1993. Erratum DOF 23-08-1993.
The Executive Branch will have coordinated regulatory bodies in energy matters, called the National Hydrocarbons Commission and the Energy Regulatory Commission, under the terms determined by law.
Paragraph added DOF 20-12-2013
Associations of workers formed to protect their own interests and associations or cooperative societies of producers so that, in defense of their interests or of the general interest, they may sell directly in foreign markets national or industrial products which are the principal source of wealth of the region in which they are produced or which are not articles of primary necessity, provided that such associations are under the supervision or protection of the Federal Government or of the federal entities, and after authorization to that effect has been obtained from the respective Legislatures in each case, do not constitute monopolies. The same Legislatures, either by themselves or at the proposal of the Executive, may repeal, when so required by public needs, the authorizations granted for the formation of the associations in question.
Amended paragraph DOF 29-01-2016
Privileges granted for a certain period to authors and artists for the production of their works, and those granted to inventors and improvers of improvements for the exclusive use of their inventions, shall not constitute monopolies either.
The State, subject to the laws, may, in cases of general interest, grant concessions for the provision of public services or for the exploitation, use and exploitation of property owned by the Federation, with the exceptions provided for therein. The laws shall establish the modalities and conditions that ensure the efficiency of the provision of services and the social use of goods, and shall avoid concentration phenomena that are contrary to the public interest.
Subjection to public service regimes shall be in accordance with the provisions of the Constitution and may only be carried out by law.
Subsidies may be granted to priority activities, when they are general, temporary and do not substantially affect the finances of the Nation. The State shall monitor their application and evaluate their results.
The State will have a Federal Economic Competition Commission, which will be an autonomous body, with legal personality and its own assets, whose purpose will be to guarantee free competition and concurrence, as well as to prevent, investigate and combat monopolies, monopolistic practices, concentrations and other restrictions to the efficient functioning of the markets, under the terms established by this Constitution and the laws. The Commission will have the necessary powers to effectively comply with its purpose, including the power to order measures to eliminate barriers to competition and free competition; regulate access to essential inputs, and order the divestiture of assets, rights, social parts or shares of economic agents, in the proportions necessary to eliminate anti-competitive effects.
Paragraph added DOF 11-06-2013
The Federal Telecommunications Institute is an autonomous body, with legal personality and its own assets, whose purpose is the efficient development of broadcasting and telecommunications, in accordance with the provisions of this Constitution and under the terms established by law. For such purpose, it will be in charge of the regulation, promotion and supervision of the use, exploitation and exploitation of the radio electric spectrum, networks and the provision of broadcasting and telecommunications services, as well as access to active and passive infrastructure and other essential inputs, guaranteeing the provisions of Articles 6 and 7 of this Constitution.
Paragraph added DOF 11-06-2013
The Federal Telecommunications Institute will also be the authority in matters of economic competition in the broadcasting and telecommunications sectors, so that in these it will exclusively exercise the powers that this article and the laws establish for the Federal Economic Competition Commission and will asymmetrically regulate the participants in these markets in order to effectively eliminate barriers to competition and free competition; impose limits to the national and regional concentration of frequencies, to the concessioning and cross-ownership that controls several media outlets that are broadcasting and telecommunications concessionaires that serve the same market or geographic coverage area, and will order the divestiture of assets, rights or parts necessary to ensure compliance with these limits, guaranteeing the provisions of Articles 6 and 7 of this Constitution. and 7 of this Constitution.
Paragraph added DOF 11-06-2013
The Institute is responsible for the granting, revocation, as well as the authorization of transfers or changes of shareholding control, ownership or operation of companies related to broadcasting and telecommunications concessions. The Institute will notify the Secretary of the industry prior to its determination, who may issue a technical opinion. The concessions may be for commercial, public, private and social use, including community and indigenous concessions, which will be subject, in accordance with their purposes, to the principles established in Articles 2, 3, 6 and 7 of this Constitution. The Institute will fix the amount of the considerations for the granting of concessions, as well as for the authorization of services linked to them, after the opinion of the tax authority. The opinions referred to in this paragraph shall not be binding and must be issued within a period not exceeding thirty days; once this period has elapsed without the opinions being issued, the Institute shall continue with the corresponding procedures.
Paragraph added DOF 11-06-2013
Radio spectrum concessions will be granted through public bidding, in order to ensure maximum competition, preventing concentration phenomena that are contrary to the public interest and ensuring the lowest price of services to the end user; in no case will the determining factor to define the winner of the bidding be merely economic. Concessions for public and social use will be non-profit and will be granted under the mechanism of direct assignment in accordance with the provisions of the law and under conditions that guarantee the transparency of the procedure. The Federal Telecommunications Institute will keep a public registry of concessions. The law will establish an effective scheme of sanctions that will indicate as grounds for revocation of the concession title, among others, non-compliance with resolutions that have become final in cases of conduct related to monopolistic practices. In the revocation of concessions, the Institute will give prior notice to the Federal Executive in order for it to exercise, where appropriate, the necessary powers to ensure continuity in the provision of the service.
Paragraph added DOF 11-06-2013
The Federal Telecommunications Institute will ensure that the Federal Government has the necessary concessions for the exercise of its functions.
Paragraph added DOF 11-06-2013
The Federal Economic Competition Commission and the Federal Telecommunications Institute shall be independent in their decisions and operation, professional in their performance and impartial in their actions, and shall be governed in accordance with the following:
I. They shall make their decisions in full independence;
II. They shall exercise their budget autonomously. The Chamber of Deputies shall guarantee budgetary sufficiency in order to enable them to exercise their powers effectively and in a timely manner;
III. They shall issue their own organic statutes, through a system of qualified majority voting;
IV. They may issue general administrative provisions exclusively for the fulfillment of their regulatory function in the sector of their competence;
V. The laws shall guarantee, within each agency, the separation between the authority that hears the investigation stage and the authority that rules on proceedings conducted in the form of a trial;
VI. The governing bodies shall comply with the principles of transparency and access to information. They shall deliberate in a collegiate manner and shall decide matters by majority vote; their sessions, agreements and resolutions shall be of a public nature with the exceptions determined by law;
VII. The general rules, acts or omissions of the Federal Antitrust Commission and the Federal Telecommunications Institute may be challenged only by means of an indirect amparo proceeding and will not be subject to suspension. Only in those cases in which the Federal Antitrust Commission imposes fines or the divestiture of assets, rights, corporate parts or shares, these will be executed until the amparo trial is resolved. In the case of resolutions of such bodies emanating from a proceeding conducted in the form of a trial, only the one that ends the trial may be challenged for violations committed in the resolution or during the proceeding; the general rules applied during the proceeding may only be challenged in the amparo brought against the resolution referred to. Amparo proceedings shall be heard by specialized judges and courts under the terms of Article 94 of this Constitution. In no case shall ordinary or constitutional appeals be admitted against intra-procedural acts;
VIII. The heads of the agencies shall submit an annual work program and a quarterly report of activities to the Executive and Legislative Powers of the Union; they shall appear before the Chamber of Senators annually and before the Chambers of Congress under the terms of Article 93 of this Constitution. The Federal Executive may request any of the Chambers to summon the heads to appear before them;
IX. The laws will promote government transparency for these bodies under the principles of digital government and open data;
X. The remuneration received by the Commissioners shall be in accordance with the provisions of Article 127 of this Constitution;
XI. The commissioners of the bodies may be removed from office by two thirds of the members of the Senate of the Republic present, for serious misconduct in the exercise of their functions, under the terms provided by law, and
XII. Each organ shall have an internal control organ, the head of which shall be appointed by two thirds of the members of the Chamber of Deputies present, under the terms provided by law.
Reformed fraction DOF 27-05-2015
Paragraph with fractions added DOF 11-06-2013
The governing bodies of both the Federal Economic Competition Commission and the Federal Telecommunications Institute will be composed of seven Commissioners, including the President Commissioner, appointed on a staggered basis at the proposal of the Federal Executive with the ratification of the Senate.
Paragraph added DOF 11-06-2013
The President of each of the bodies shall be appointed by the Chamber of Senators from among the commissioners, by a two-thirds vote of the members present, for a period of four years, renewable once. When the appointment falls on a commissioner who concludes his or her term of office before said period, he or she shall serve as president only for the time remaining to conclude his or her term as commissioner.
Paragraph added DOF 11-06-2013
Commissioners shall meet the following requirements:
I. Be a Mexican citizen by birth and in full enjoyment of his or her civil and political rights;
II. Be over thirty-five years of age;
III. Be in good standing and not have been convicted of a felony punishable by imprisonment for more than one year;
IV. Possess a professional degree;
V. To have worked for at least three years in an outstanding manner in professional, public service or academic activities substantially related to matters related to economic competition, broadcasting or telecommunications, as applicable;
VI. Prove, under the terms of this precept, the technical knowledge necessary for the exercise of the position;
VII. Not to have been Secretary of State, Attorney General of the Republic, senator, federal or local deputy, Governor of any State or Head of Government of Mexico City, during the year prior to his appointment; and
Reformed fraction DOF 10-02-2014, 29-01-2016
VIII. At the Federal Economic Competition Commission, not to have held, in the last three years, any employment, position or managerial function in companies that have been subject to any of the sanctioning procedures conducted by said body. At the Federal Telecommunications Institute, not to have held, in the last three years, any employment, position or managerial function in the companies of commercial or private concessionaires or entities related to them, subject to the regulation of the Institute.
Paragraph with fractions added DOF 11-06-2013
Commissioners will abstain from holding any other public or private employment, job or commission, with the exception of teaching positions; they will be prevented from hearing matters in which they have a direct or indirect interest, under the terms determined by law, and will be subject to the regime of responsibilities of Title Four of this Constitution and impeachment. The law shall regulate the modalities according to which the Commissioners may establish contact to deal with matters within their competence with persons representing the interests of the regulated economic agents.
Paragraph added DOF 11-06-2013
Commissioners shall remain in office for nine years and may not hold that position again for any reason. In the event of the absolute absence of a commissioner, the corresponding appointment shall be made through the procedure set forth in this article, so that the replacement may complete the respective term.
Paragraph added DOF 11-06-2013
Applicants to be appointed as Commissioners will prove compliance with the requirements set forth in the previous paragraphs before an Evaluation Committee made up of the heads of Banco de México, the National Institute for the Evaluation of Education and the National Institute of Statistics and Geography. For such purposes, the Evaluation Committee will meet every time a commissioner vacancy arises, will decide by majority vote and will be chaired by the head of the entity with the longest tenure in office, who will have the casting vote.
Paragraph added DOF 11-06-2013
The Committee shall issue a public announcement to fill the vacancy. It shall verify compliance by the applicants with the requirements contained in this Article and, for those who have satisfied them, shall apply a knowledge test on the subject; the procedure shall observe the principles of transparency, publicity, and maximum competition.
Paragraph added DOF 11-06-2013
In formulating the knowledge test, the Evaluation Committee shall consider the opinion of at least two institutions of higher education and shall follow best practices in the field.
Paragraph added DOF 11-06-2013
The Evaluation Committee, for each vacancy, will send to the Executive a list of a minimum of three and a maximum of five applicants who have obtained the highest passing grades. If the minimum number of applicants is not reached, a new call for applications will be issued. The Executive shall select from among those candidates, the candidate to be proposed for ratification by the Senate.
Paragraph added DOF 11-06-2013
Ratification shall be made by a two-thirds vote of the members of the Senate present, within a non-extendable term of thirty calendar days from the presentation of the proposal; in recesses, the Permanent Commission shall immediately convene the Senate. In the event that the Senate rejects the candidate proposed by the Executive, the President of the Republic shall submit a new proposal, under the terms of the preceding paragraph. This procedure shall be repeated as many times as necessary if there are new rejections until there is only one candidate approved by the Evaluation Committee, who shall be appointed as a commissioner directly by the Executive.
Paragraph added DOF 11-06-2013
All acts of the process of selection and appointment of the Commissioners are unassailable.
Paragraph added DOF 11-06-2013
Reform DOF 27-06-1990: Repealed the then fifth paragraph of the article.
Article reformed DOF 17-11-1982, 03-02-1983
Article 29 . In cases of invasion, serious disturbance of the public peace, or any other that places society in grave danger or conflict, only the President of the United Mexican States, with the approval of the Congress of the Union or of the Permanent Commission when it is not in session, may restrict or suspend in the whole country or in a specific place the exercise of rights and guarantees that would be an obstacle to quickly and easily confront the situation; But it shall do so for a limited time, by means of general precautions and without the restriction or suspension being limited to a particular person. If the restriction or suspension should take place while Congress is in session, it shall grant such authorizations as it deems necessary for the Executive to cope with the situation; but if it should take place during a recess, Congress shall be convened immediately to grant them.
Amended paragraph DOF 10-02-2014
The decrees issued may not restrict or suspend the exercise of the rights to non-discrimination, recognition of legal personality, life, personal integrity, protection of the family, name, nationality; the rights of the child; political rights; the freedoms of thought, conscience and religious belief; the principle of legality and retroactivity; the prohibition of the death penalty; the prohibition of slavery and servitude; the prohibition of enforced disappearance and torture; and the judicial guarantees indispensable for the protection of those rights.
The restriction or suspension of the exercise of rights and guarantees must be founded and motivated in the terms established by this Constitution and be proportional to the danger faced, observing at all times the principles of legality, rationality, proclamation, publicity and non-discrimination.
When the restriction or suspension of the exercise of rights and guarantees comes to an end, either because of the expiry of the time limit or because Congress so decrees, all legal and administrative measures adopted during its validity shall immediately cease to have effect. The Executive may not comment on the decree by which Congress revokes the restriction or suspension.
The decrees issued by the Executive during the restriction or suspension shall be reviewed ex officio and immediately by the Supreme Court of Justice of the Nation, which shall pronounce as soon as possible on their constitutionality and validity.
Article amended DOF 21-04-1981, 02-08-2007, 10-06-2011
Chapter II
On Mexicans
Articles 30 to 32
Article 30 . Mexican nationality is acquired by birth or by naturalization.
A) Are Mexican by birth:
I. Those born in the territory of the Republic, regardless of the nationality of their parents.
II. Those born abroad, children of Mexican parents, of a Mexican mother or of a Mexican father;
Reformed fraction DOF 26-12-1969, 20-03-1997, 17-05-2021
III. Those born abroad, children of Mexican parents by naturalization, of a Mexican father by naturalization, or of a Mexican mother by naturalization, and
Fraction added DOF 20-03-1997
IV. Those born on board Mexican vessels or aircraft, whether warships or merchant vessels.
Fraction moved DOF 20-03-1997
B) They are Mexicans by naturalization:
I. Foreigners who obtain a letter of naturalization from the Ministry of Foreign Affairs.
II. A foreign man or woman who marries a Mexican man or woman, who has or establishes his or her domicile within the national territory and meets the other requirements established by law.
Reformed fraction DOF 31-12-1974, 20-03-1997
Article amended DOF 18-01-1934
Article 31 . Mexicans have the following obligations:
I. To be responsible for ensuring that their daughters, sons or wards under the age of eighteen attend schools to receive compulsory education and, where appropriate, receive military education, under the terms established by law, as well as to participate in their educational process, reviewing their progress and performance, always watching over their welfare and development;
Section amended DOF 05-03-1993, 12-11-2002, 09-02-2012, 15-05-2019
II. Attend on the days and at the times designated by the City Council of the place where they reside, to receive civic and military instruction that will keep them fit to exercise the rights of citizenship, skilled in the handling of weapons, and knowledgeable in military discipline.
III. To enlist and serve in the reserve corps, in accordance with the law, to secure and defend the independence, territory, honour, rights and interests of the Fatherland, and
Reformed fraction DOF 26-03-2019
IV. Contribute to the public expenses of the Federation, the States, Mexico City and the Municipality in which they reside, in the proportional and equitable manner provided by law.
Reformed fraction DOF 25-10-1993, 29-01-2016
Article 32 . The law shall regulate the exercise of the rights that Mexican legislation grants to Mexicans who possess another nationality and shall establish rules to avoid conflicts due to dual nationality.
The exercise of the offices and functions for which, by provision of this Constitution, it is required to be Mexican by birth, is reserved to those who have that status and do not acquire another nationality. This reservation shall also be applicable to those cases that are so indicated by other laws of the Congress of the Union.
In times of peace, no foreigner may serve in the Army, nor in the police or public security forces. To belong to the active Army in peacetime and to the Navy or Air Force at all times, or to hold any position or commission in them, it is required to be Mexican by birth.
This same quality shall be indispensable for captains, pilots, skippers, machinists, mechanics and, in general, for all personnel who crew any vessel or aircraft flying the Mexican merchant flag or insignia. It will also be necessary to hold the positions of port captain and all pilotage services and airfield commander.
Mexicans shall be preferred to foreigners in equal circumstances, for all kinds of concessions and for all government jobs, positions or commissions in which citizenship is not indispensable.
Article amended DOF 15-12-1934, 10-02-1944, 20-03-1997
Chapter III
On Foreigners
Article 33
Article 33 . Foreigners are persons who do not possess the qualities determined in article 30 of the Constitution and shall enjoy the human rights and guarantees recognized by this Constitution.
Amended paragraph DOF 10-06-2011
The Executive of the Union, after a hearing, may expel foreign persons from the national territory on the basis of the law, which shall regulate the administrative procedure, as well as the place and duration of detention.
Paragraph added DOF 10-06-2011
Foreigners may in no way interfere in the political affairs of the country.
Chapter IV
On Mexicans Citizens
Articles 34 to 38
Article 34.- Citizens of the Republic are men and women who, being Mexicans, also meet the following requirements:
I. Be at least 18 years of age, and
II. To have an honest way of life.
Article reformed DOF 17-10-1953, 22-12-1969
Article 35 . The rights of citizenship:
Amended paragraph DOF 09-08-2012, 06-06-2019
I. Voting in popular elections;
II. To be able to vote in conditions of parity for all popularly elected positions, having the qualifications established by law. The right to request the registration of candidates before the electoral authority corresponds to political parties, as well as to citizens who request their registration independently and comply with the requirements, conditions and terms determined by law;
Reformed fraction DOF 09-08-2012, 06-06-2019
III. To associate individually and freely to take part peacefully in the political affairs of the country;
Reformed fraction DOF 06-04-1990, 22-08-1996
IV. To take up arms in the permanent Armed Forces or in the reserve corps, for the defence of the Republic and its institutions, under the terms prescribed by law;
Reformed fraction DOF 09-08-2012, 26-03-2019
V. Exercise the right of petition in all kinds of business.
VI. To be able to be appointed to any public service job or commission, having the qualifications established by law;
Fraction added DOF 09-08-2012
VII. To initiate laws, under the terms and with the requirements set forth in this Constitution and the Law of Congress. The National Electoral Institute shall have the powers granted to it by law in this matter;
Section added DOF 09-08-2012. Reformed DOF 10-02-2014, 20-12-2019
VIII. Vote in popular consultations on issues of national or regional importance, which shall be subject to the following:
Amended paragraph DOF 20-12-2019
1o. They shall be convened by the Congress of the Union at the request of:
a) The President of the Republic;
b) The equivalent of thirty-three percent of the members of any of the Houses of the Congress of the Union; or
c) In the case of popular consultations on issues of national importance, citizens, in a number equivalent to at least two per cent of those registered on the nominal list of voters, under the terms determined by law.
In the case of popular consultations on issues of regional importance within the jurisdiction of the Federation, the citizens of one or more federal entities, in a number equivalent to at least two percent of those registered on the nominal list of voters of the corresponding federal entity or entities, under the terms determined by law.
Subsection amended DOF 20-12-2019
With the exception of the hypotheses foreseen in subparagraph c) above, the petition must be approved by the majority of each House of the Congress of the Union;
Amended paragraph DOF 20-12-2019
2o. When the total participation corresponds to at least forty percent of the citizens registered in the nominal list of voters, the result will be binding for the federal executive and legislative branches and for the competent authorities;
3o. The restriction of human rights recognized by this Constitution and in international treaties to which the Mexican State is a party, nor the guarantees for their protection; the principles enshrined in Article 40 of the same; the permanence or continuity in office of popularly elected public servants; electoral matters; the financial system, revenues, expenditures and the Federal Expenditure Budget; infrastructure works in execution; national security and the organization, operation and discipline of the permanent Armed Forces may not be the subject of popular consultation. The Supreme Court of Justice of the Nation will resolve, prior to the call made by the Congress of the Union, on the constitutionality of the subject matter of the consultation;
Amended paragraph DOF 20-12-2019
4o. The National Electoral Institute shall be directly in charge of the verification of the requirement established in subsection c) of paragraph 1 of this section, as well as the organization, dissemination, development, counting and declaration of results.
The Institute will promote the participation of citizens in the popular consultations and will be the only body in charge of disseminating them. The promotion shall be impartial and shall in no way be aimed at influencing the preferences of citizens, but shall focus on promoting informed discussion and reflection of citizens. No other individual or legal entity, either on its own behalf or on behalf of third parties, may contract radio and television propaganda aimed at influencing the opinion of citizens on the popular consultations.
During the time of the referendum process, from the call to the conclusion of the day, the broadcasting in the media of all government propaganda of any order of government shall be suspended, except for those that have the purpose of disseminating information campaigns of the electoral authorities, those related to educational and health services, or those necessary for civil protection in cases of emergency;
Amended paragraph DOF 10-02-2014, 20-12-2019
5o. The popular consultations convened in accordance with the present section shall be held on the first Sunday of August;
Amended paragraph DOF 20-12-2019
6o. The resolutions of the National Electoral Institute may be challenged under the terms of the provisions of section VI of Article 41, as well as of section III of Article 99 of this Constitution; and
Reformed paragraph DOF 10-02-2014
7o. The laws shall establish what is necessary to give effect to the provisions of this section.
Fraction added DOF 09-08-2012
IX. Participate in the processes of revocation of mandate.
The one that refers to the revocation of the mandate of the President of the Republic shall be carried out in accordance with the following:
1o. It shall be convened by the National Electoral Institute at the request of citizens, in a number equivalent to at least three percent of those registered on the nominal list of voters, provided that the request corresponds to at least seventeen states and that they represent at least three percent of the nominal list of voters in each of them.
The Institute, within thirty days of receiving the request, shall verify the requirement established in the preceding paragraph and shall immediately issue the call for the recall process.
2o. It may be requested on a single occasion and during the three months following the end of the third year of the constitutional period.
Citizens may collect signatures for the recall petition during the month prior to the date set forth in the preceding paragraph. The Institute will issue, as of this date, the formats and means for the collection of signatures, as well as the guidelines for the related activities.
3o. It shall be carried out through free, direct and secret voting of citizens registered in the nominal list, on the Sunday following the ninety days after the call and on a date that does not coincide with the federal or local election days.
4o. In order for the recall process to be valid, there must be a participation of at least forty percent of the persons registered in the nominal list of voters. The revocation of mandate shall only proceed by absolute majority.
5o. The National Electoral Institute will be directly in charge of the organization, development and computation of the vote. It will issue the results of the recall processes of the incumbent of the Federal Executive Power, which may be challenged before the Superior Chamber of the Electoral Tribunal of the Judiciary of the Federation, under the terms of the provisions of Section VI of Article 41, as well as Section III of Article 99.
6o. The Superior Chamber of the Electoral Tribunal of the Judiciary of the Federation shall make the final count of the recall process, once the challenges that have been filed have been resolved. If applicable, it shall issue the declaration of recall and the provisions of Article 84 shall apply.
7o. The use of public resources for the collection of signatures is prohibited, as well as for promotion and propaganda purposes related to the recall process.
The Institute and the local public bodies, as appropriate, shall promote citizen participation and shall be the sole body in charge of their dissemination. The promotion shall be objective, impartial and informative.
No other individual or legal entity, whether in its own right or on behalf of third parties, may contract radio and television advertising aimed at influencing the opinion of citizens.
During the time of the recall process, from the announcement of the call to the conclusion of the day, the broadcasting in the media of all government propaganda of any order of government must be suspended.
The public authorities, autonomous bodies, agencies and entities of the public administration and any other entity of the three orders of government may only disseminate information campaigns related to educational and health services or those necessary for civil protection.
8o. The Congress of the Union shall issue the regulatory law.
Fraction with paragraphs added DOF 20-12-2019
Article 36 . The obligations of the citizen of the Republic:
I. To register in the cadastre of the municipality, stating the property that the same citizen has, the industry, profession or work from which he subsists; as well as to register in the National Registry of Citizens, under the terms determined by law.
The organization and permanent operation of the National Registry of Citizens and the issuance of the document that certifies Mexican citizenship are services of public interest, and therefore, a responsibility that corresponds to the State and to the citizens under the terms established by law,
Reformed fraction DOF 06-04-1990
II. To be part of the reserve bodies in terms of the law;
Reformed fraction DOF 26-03-2019
III. To vote in elections, popular consultations and mandate revocation processes, under the terms established by law;
Reformed fraction DOF 22-08-1996, 09-08-2012, 20-12-2019
IV. To hold elected offices of the Federation or of the federative entities, which in no case shall be free of charge; and
Reformed fraction DOF 29-01-2016
V. To perform the council duties of the municipality in which he/she resides, election duties and jury duty.
Article 37 .
A) No Mexican by birth may be deprived of his or her nationality.
B) Mexican nationality by naturalization will be lost in the following cases:
I. For voluntarily acquiring a foreign nationality, for passing oneself off in any public instrument as a foreigner, for using a foreign passport, or for accepting or using titles of nobility that imply submission to a foreign State, and
II. For residing abroad for five continuous years.
C) Mexican citizenship is lost:
I. For accepting or using titles of nobility from foreign governments;
II. For voluntarily rendering official services or functions to a foreign government, without the permission of the Federal Executive;
Reformed fraction DOF 30-09-2013
III. For accepting or using foreign decorations without the permission of the Federal Executive.
The President of the Republic, the senators and deputies to the Congress of the Union and the ministers of the Supreme Court of Justice of the Nation may freely accept and use foreign decorations;
Reformed fraction DOF 30-09-2013
IV. For accepting titles or functions from the government of another country without the prior permission of the Federal Executive, except for literary, scientific or humanitarian titles which may be freely accepted;
Reformed fraction DOF 30-09-2013
V. For assisting, against the Nation, a foreigner, or a foreign government, in any diplomatic claim or before an international tribunal, and
VI. In other cases established by law.
Reform DOF 30-09-2013: The last paragraph of Section C was repealed.
Erratum to the article DOF 06-02-1917. Article amended DOF 18-01-1934, 20-03-1997.
Article 38 . The rights or prerogatives of citizens are suspended:
I. For failure to comply, without just cause, with any of the obligations imposed by Article 36. This suspension shall last for one year and shall be imposed in addition to the other penalties prescribed by law for the same act;
II. For being subject to criminal proceedings for a crime punishable by corporal punishment, counting from the date of the order of formal imprisonment;
III. During the extinction of a corporal punishment;
IV . For vagrancy or habitual drunkenness, declared under the terms provided by law;
V. For being a fugitive from justice, from the time the arrest warrant is issued until the statute of limitations on criminal action expires; and
VI. By an enforceable judgment imposing such suspension as a penalty.
The law shall establish the cases in which the rights of citizens are lost, and the other cases in which the rights of citizens are suspended, and the manner of rehabilitation.
Original article DOF 05-02-1917
Title Two
Articles 39 to 48
Chapter I
On National Sovereignty and the Form of Government
Articles 39 to 41
Article 39 . National sovereignty resides essentially and originally in the people. All public power emanates from the people and is instituted for their benefit. The people have at all times the inalienable right to alter or modify the form of their government.
Original article DOF 05-02-1917
Article 40 . It is the will of the Mexican people to constitute a representative, democratic, secular and federal Republic, composed of free and sovereign States in all matters concerning their internal regime, and by the City of Mexico, united in a federation established according to the principles of this fundamental law.
Article amended DOF 30-11-2012, 29-01-2016
Article 41 . The people exercise their sovereignty through the Powers of the Union, in cases within their competence, and through those of the States and Mexico City, as regards their internal regimes, under the terms respectively established by the present Federal Constitution and the particular laws of each State and of Mexico City, which in no case may contravene the provisions of the Federal Pact.
Amended paragraph DOF 29-01-2016
The law will determine the appropriate forms and modalities for observing the principle of gender parity in the appointments of the heads of the secretariats of the Federal Executive Branch and their equivalents in the federal entities. The same principle will be observed in the composition of autonomous bodies.
Paragraph added DOF 06-06-2019
The renewal of the Legislative and Executive powers shall be carried out through free, authentic and periodic elections, in accordance with the following bases:
I. Political parties are entities of public interest; the law shall determine the rules and requirements for their legal registration, the specific forms of their intervention in the electoral process and the rights, obligations and prerogatives to which they are entitled. In the nomination of their candidates, the principle of gender parity shall be observed.
Amended paragraph DOF 10-02-2014, 06-06-2019
The purpose of political parties is to promote the participation of the people in democratic life, to foster the principle of gender parity, to contribute to the integration of the organs of political representation, and as citizens' organizations, to make possible their access to the exercise of public power, in accordance with the programs, principles and ideas they put forward and through universal, free, secret and direct suffrage, as well as with the rules established by electoral law to guarantee gender parity in candidacies for the various popularly elected positions. Only citizens may form political parties and join them freely and individually; therefore, the intervention of trade organizations or organizations with a different social purpose in the creation of parties and any form of corporate affiliation is prohibited.
Amended paragraph DOF 10-02-2014, 06-06-2019
The electoral authorities may only intervene in the internal affairs of political parties under the terms of this Constitution and the law.
National political parties will have the right to participate in the elections of the federal entities and municipalities. The national political party that does not obtain at least three percent of the total valid vote cast in any of the elections held for the renewal of the Executive Power or the Houses of the Congress of the Union, will have its registration cancelled.
Paragraph added DOF 10-02-2014
II. The law will guarantee that the national political parties have in an equitable manner with elements to carry out their activities and will indicate the rules to which the financing of the parties themselves and their electoral campaigns will be subject, guaranteeing that public resources prevail over those of private origin.
The public financing for political parties that maintain their registration after each election will be composed of the ministrations destined to the support of their permanent ordinary activities, those aimed at obtaining the vote during the electoral processes and those of a specific nature. It shall be granted in accordance with the following and with the provisions of the law:
a) The public financing for the support of their permanent ordinary activities will be fixed annually, by multiplying the total number of citizens registered in the electoral roll by sixty-five percent of the daily value of the Unit of Measurement and Updating. Thirty percent of the amount resulting from the above will be distributed among the political parties equally and the remaining seventy percent in accordance with the percentage of votes they obtained in the immediately preceding election of deputies.
Reformed clause DOF 27-01-2016, 29-01-2016
(b) Public financing for activities aimed at obtaining the vote during the year in which the President of the Republic, senators and federal deputies are elected shall be equivalent to fifty per cent of the public financing that corresponds to each political party for ordinary activities in that same year; when only federal deputies are elected, it shall be equivalent to thirty per cent of such financing for ordinary activities.
c) Public financing for specific activities, related to education, training, socioeconomic and political research, as well as editorial tasks, will be equivalent to three percent of the total amount of public financing that corresponds to ordinary activities each year. Thirty percent of the amount resulting from the above will be distributed among the political parties equally and the remaining seventy percent in accordance with the percentage of votes they obtained in the immediately preceding election of deputies.
The law shall set limits on expenditures in internal candidate selection processes and electoral campaigns. The law itself shall establish the maximum amount of contributions from their militants and sympathizers; it shall order the procedures for the control, timely oversight and supervision, during the campaign, of the origin and use of all the resources they have; it shall also establish the sanctions to be imposed for non-compliance with these provisions.
Amended paragraph DOF 10-02-2014
Similarly, the law will establish the procedure for the liquidation of the obligations of the parties that lose their registration and the assumptions in which their assets and remnants will be awarded to the Federation.
III. National political parties shall have the right to permanent use of the mass media. Independent candidates shall have the right of access to prerogatives for electoral campaigns under the terms established by law.
Amended paragraph DOF 10-02-2014
Paragraph A. The National Electoral Institute will be the sole authority for the administration of the time that corresponds to the State in radio and television destined to its own purposes and to the exercise of the right of the national political parties, according to the following and to what the laws establish:
Amended paragraph DOF 10-02-2014
a) From the beginning of the pre-campaigns and until the day of Election Day, forty-eight minutes per day will be available to the National Electoral Institute, which will be distributed in two and up to three minutes for each hour of transmission on each radio station and television channel, in the schedule referred to in paragraph d) of this section. In the period between the end of the pre-campaigns and the beginning of the campaigns, fifty percent of the time on radio and television will be allocated to the purposes of the electoral authorities, and the rest to the broadcasting of generic messages of the political parties, as established by law;
Section amended DOF 10-02-2014
b) During their pre-campaigns, political parties shall have a total of one minute for each hour of transmission on each radio station and television channel; the remaining time shall be used as determined by law;
c) During election campaigns, at least eighty-five percent of the total available time referred to in paragraph a) of this section must be allocated to cover the right of political parties and candidates;
Section amended DOF 10-02-2014
d) Broadcasts on each radio station and television channel shall be distributed within the programming hours between six and twenty-four hours;
e) The time established as the right of the political parties and, if applicable, of the independent candidates, will be distributed among them as follows: seventy percent will be distributed among the political parties according to the results of the immediately preceding election for federal deputies and the remaining thirty percent will be divided into equal parts, of which up to one of them may be assigned to the independent candidates as a whole;
Section amended DOF 10-02-2014
f) Each national political party without representation in the Congress of the Union shall be allocated for radio and television only the part corresponding to the equal percentage established in the preceding paragraph, and
g) Regardless of the provisions of paragraphs A and B of this basis and outside the periods of pre-campaigns and federal election campaigns, the National Electoral Institute will be allocated up to twelve percent of the total time available to the State on radio and television, according to the law and under any modality; of the total allocated, the Institute will distribute fifty percent equally among the national political parties; the remaining time will be used for its own purposes or those of other electoral authorities, both federal and of the federal entities. Each national political party will use the time corresponding to it in the formats established by law. In any case, the transmissions referred to in this subsection shall be made in the schedule determined by the Institute in accordance with the provisions of subsection d) of this Section. In special situations, the Institute may use the time corresponding to partisan messages in favor of a political party, when so justified.
Section amended DOF 10-02-2014
Political parties and candidates may at no time contract or acquire, by themselves or by third parties, time on any form of radio and television.
Amended paragraph DOF 10-02-2014
No other individual or legal entity, whether in its own right or on behalf of third parties, may contract radio and television propaganda aimed at influencing the electoral preferences of citizens, either for or against political parties or candidates for elected office. The transmission in national territory of this type of messages contracted abroad is prohibited.
The provisions contained in the two preceding paragraphs must be complied with at the level of the federative entities in accordance with the applicable legislation.
Amended paragraph DOF 29-01-2016
Section B. For electoral purposes in the federative entities, the National Electoral Institute will administer the times that correspond to the State in radio and television in the stations and channels of coverage in the entity in question, according to the following and to what is determined by law:
Amended paragraph DOF 10-02-2014
a) In the case of local electoral processes with voting days that coincide with the federal one, the time allocated in each state shall be included within the total time available in accordance with subparagraphs a), b) and c) of section A of this basis;
b) For other electoral processes, the allocation will be made under the terms of the law, according to the criteria of this constitutional basis, and
c) The distribution of time among political parties, including those with local registration, and independent candidates will be carried out in accordance with the criteria indicated in section A of this base and what is determined by the applicable legislation.
Section amended DOF 10-02-2014
When in the opinion of the National Electoral Institute the total time on radio and television referred to in this section and the previous one is insufficient for its own purposes, those of other electoral authorities or for independent candidates, it shall determine what is necessary to cover the remaining time, in accordance with the powers conferred by law.
Amended paragraph DOF 10-02-2014
Paragraph C. In political or electoral propaganda disseminated by parties and candidates, they must refrain from expressions that slander individuals.
Amended paragraph DOF 10-02-2014
During federal and local election campaigns and until the conclusion of the respective election day, the broadcasting in the media of all governmental propaganda, both of the federal powers and of the federal entities, as well as of the municipalities, the territorial districts of Mexico City and any other public entity, must be suspended. The only exceptions to the above will be the information campaigns of the electoral authorities, those related to educational and health services, or those necessary for civil protection in cases of emergency.
Amended paragraph DOF 29-01-2016
Section D. The National Electoral Institute, through expedited procedures under the terms of the law, will investigate violations of the provisions of this base and will integrate the file to submit it to the knowledge and resolution of the Electoral Tribunal of the Judiciary of the Federation. In the proceedings, the Institute may impose, among other precautionary measures, the order to immediately suspend or cancel radio and television broadcasts, in accordance with the provisions of the law.
Reformed paragraph DOF 10-02-2014
IV. The law shall establish the requirements and forms of conducting the processes of selection and nomination of candidates for elected office, as well as the rules for pre-campaigns and electoral campaigns.
Amended paragraph DOF 10-02-2014
The duration of campaigns in the year of elections for President of the Republic, senators and federal deputies shall be ninety days; in the year in which only federal deputies are elected, campaigns shall last sixty days. In no case shall pre-campaigns exceed two thirds of the time allotted for electoral campaigns.
Violation of these provisions by parties or any other natural or legal person shall be punished in accordance with the law.
V. The organization of elections is a state function that is carried out through the National Electoral Institute and local public bodies, under the terms established by this Constitution.
Paragraph A. The National Electoral Institute is an autonomous public body endowed with legal personality and its own assets, in whose integration participate the Legislative Power of the Union, the national political parties and the citizens, under the terms established by law. In the exercise of this state function, certainty, legality, independence, impartiality, maximum publicity and objectivity shall be guiding principles.
The National Electoral Institute will be an authority in the matter, independent in its decisions and operation, and professional in its performance; it will have in its structure management, executive, technical and oversight bodies. The General Council shall be its highest governing body and shall be composed of a Presiding Councilor and ten electoral councilors, and shall be attended, with voice but without vote, by the councilors of the Legislative Branch, the representatives of the political parties and an Executive Secretary; the law shall determine the rules for the organization and operation of the bodies, the relations of command between them, as well as the relationship with the local public bodies. The executive and technical bodies shall have the qualified personnel necessary for the exercise of their attributions. An internal control body will be in charge, with technical and managerial autonomy, of auditing all income and expenditures of the Institute. The provisions of the electoral law and the Statute that the General Council approves based on it, will govern the work relations with the servants of the public body. The oversight bodies of the electoral roll shall be composed of a majority of representatives of the national political parties. The polling stations shall be composed of citizens.
Amended paragraph DOF 27-05-2015
The meetings of all collegiate governing bodies shall be public under the terms established by law.
The Institute shall have an electoral officer vested with public faith for acts of an electoral nature, whose powers and operation shall be regulated by law.
The President and the electoral counselors shall serve for nine years and may not be reelected. They shall be elected by a two-thirds vote of the members of the Chamber of Deputies present, by the following procedure:
a) The Chamber of Deputies shall issue the agreement for the election of the Presiding Councillor and the electoral councillors, which shall contain the public announcement, the complete stages for the procedure, its deadlines and non-extendable deadlines, as well as the process for the appointment of a technical evaluation committee, composed of seven persons of recognized prestige, of whom three shall be appointed by the political management body of the Chamber of Deputies, two by the National Human Rights Commission and two by the guarantor body established in article 6 of this Constitution;
b) The committee will receive the complete list of applicants who participate in the public call, evaluate their compliance with the constitutional and legal requirements, as well as their suitability to hold the position; it will select the best evaluated applicants in a proportion of five persons for each vacant position, and will send the corresponding list to the political management body of the Chamber of Deputies;
c) The political management body will promote the construction of agreements for the election of the President and the electoral councillors, so that once the vote has been taken by this body in accordance with the law, the proposal with the corresponding appointments will be sent to the plenary of the Chamber;
d) On expiry of the period established for that purpose in the agreement referred to in subparagraph (a), without the political management body of the House having carried out the vote or referral provided for in the preceding subparagraph, or having done so, without the required vote being reached in the plenary, the plenary shall be called to a session at which the election shall be held by drawing from the list drawn up by the evaluation committee;
e) Upon expiration of the term set forth in the agreement referred to in subparagraph a), without the election having been carried out under the terms of subparagraphs c) and d), the Plenary of the Supreme Court of Justice of the Nation shall carry out, in a public session, the appointment by drawing from the list compiled by the evaluation committee.
In the event of the absolute absence of the President or of any of the electoral councilors during the first six years of their term of office, a substitute shall be elected to complete the period of the vacancy. If the absence occurs within the last three years, a director shall be elected for a new term.
The Presiding Councilor and the Electoral Councilors may not hold any other employment, position or commission, with the exception of those in which they act on behalf of the General Council and the non-remunerated positions they hold in teaching, scientific, cultural, research or charitable associations.
The head of the internal control body of the Institute will be appointed by the Chamber of Deputies with the vote of two thirds of its members present at the proposal of public institutions of higher education, in the manner and terms determined by law. He or she will serve a term of six years and may be re-elected only once. It will be administratively attached to the presidency of the General Council and will maintain the necessary technical coordination with the Superior Audit Office of the Federation.
Amended paragraph DOF 27-05-2015
The Executive Secretary shall be appointed by a two-thirds vote of the General Council on the proposal of its President.
The law shall establish the requirements that the President of the General Council, the electoral councilors, the head of the internal control body and the Executive Secretary of the National Electoral Institute must meet for their appointment. Those who have served as Presiding Councilor, Electoral Councilors and Executive Secretary may not hold positions in the public authorities in whose election they have participated, party leadership, or be nominated for elected office for two years following the date of completion of their term of office.
Amended paragraph DOF 27-05-2015
The counselors of the Legislative Branch will be proposed by the parliamentary groups with party affiliation in one of the Chambers. There will only be one counselor for each parliamentary group, notwithstanding their recognition in both Chambers of the Congress of the Union.
Paragraph B. It corresponds to the National Electoral Institute under the terms established by this Constitution and the laws:
a) For federal and local electoral processes:
1. Electoral training;
2. The electoral geography, as well as the design and determination of the electoral districts and the division of the territory into electoral sections;
3. The electoral roll and the list of electors;
4. The location of polling places and the designation of polling place officials;
5. The rules, guidelines, criteria and formats for preliminary results; opinion polls or surveys; electoral observation; quick counts; printing of documents and production of electoral materials;
6. The control of the income and expenditure of political parties and candidates, and
7. Any others determined by law.
b) For federal electoral processes:
1. The rights and access to the prerogatives of candidates and political parties;
2. The preparation of Election Day;
3. The printing of documents and the production of election materials;
4. The scrutiny and counting of votes under the terms established by law;
5. The declaration of validity and granting of certificates in the elections of deputies and senators;
6. The computation of the election of the President of the United Mexican States in each of the single-member electoral districts, and
7. Any others determined by law.
c) For the mandate revocation processes, under the terms of Article 35, section IX, the National Electoral Institute shall perform the corresponding functions for its proper implementation.
Subsection added DOF 20-12-2019
The National Electoral Institute will assume, by means of an agreement with the competent authorities of the federal entities that request it, the organization of electoral processes, popular consultation and mandate revocation within the scope of those entities, under the terms provided by their Constitution and the applicable legislation. At the request of the political parties and charged to their prerogatives, under the terms established by law, it may organize the elections of their leaders.
Amended paragraph DOF 20-12-2019
The oversight of the finances of political parties and candidate campaigns will be the responsibility of the General Council of the National Electoral Institute. The law will develop the attributions of the Council for the performance of such function, as well as the definition of the technical bodies under it, responsible for conducting the reviews and instructing the procedures for the application of the corresponding sanctions. In the fulfillment of its attributions, the General Council will not be limited by banking, fiduciary and fiscal secrecy, and will have the support of federal and local authorities.
In the event that the National Electoral Institute delegates the auditing function, its technical body shall be the conduit to overcome the limitation referred to in the preceding paragraph.
Section C. In the federative entities, local elections and, where appropriate, popular consultations and mandate revocation processes shall be the responsibility of local public bodies under the terms of this Constitution, which shall exercise functions in the following areas:
Amended paragraph DOF 20-12-2019
1. Rights and access to the prerogatives of candidates and political parties;
2. Civic education;
3. Preparation for Election Day;
4. Printing of documents and production of election materials;
5. Scrutinies and computations in accordance with the terms set forth by law;
6. Declaration of validity and awarding of certificates in local elections;
7. Computation of the election of the head of the executive branch of government;
8. Preliminary results; opinion polls or surveys; electoral observation, and quick counts, according to the guidelines established in the previous Section;
9. Organization, development, computation and declaration of results in the mechanisms of citizen participation provided for in local legislation;
10. All those not reserved to the National Electoral Institute, and
11. Those determined by law.
In the cases established by law and with the approval of a majority of at least eight votes of the General Council, the National Electoral Institute may:
a) To assume directly the realization of the activities of the electoral function that correspond to the local electoral bodies;
b) Delegate to such electoral bodies the powers referred to in subparagraph B(a) of this Basis, without prejudice to resuming their direct exercise at any time, or
c) To bring before it any matter within the competence of the local electoral bodies, when its importance so warrants or to establish a criterion of interpretation.
It is incumbent upon the National Electoral Institute to appoint and remove the members of the highest governing body of local public bodies, under the terms of this Constitution.
Section D. The National Electoral Professional Service comprises the selection, admission, training, professionalization, promotion, evaluation, rotation, permanence and discipline of the public servants of the executive and technical bodies of the National Electoral Institute and of the local public bodies of the federal entities in electoral matters. The National Electoral Institute shall regulate the organization and operation of this Service.
Reformed fraction DOF 10-02-2014
VI. In order to guarantee the principles of constitutionality and legality of electoral acts and resolutions, including those related to the processes of popular consultation and mandate revocation, a system of means of challenge shall be established under the terms set forth in this Constitution and the law. Said system shall make definitive the different stages of the electoral, popular consultation, and mandate revocation processes, and shall guarantee the protection of the political rights of citizens to vote, to be voted for, and to association, under the terms of Article 99 of this Constitution.
Amended paragraph DOF 20-12-2019
In electoral matters, the filing of constitutional or legal means of challenge shall not produce suspensive effects on the resolution or the challenged act.
The law shall establish the system of nullities of federal or local elections for serious, fraudulent and determining violations in the following cases:
a) Campaign spending exceeds five percent of the total amount authorized;
b) Purchases or acquires news coverage or time on radio and television, outside the cases provided for in the law;
Reformed clause DOF 07-07-2014
c) resources of illicit origin or public resources are received or used in campaigns.
Paragraph with subparagraphs added DOF 10-02-2014
Such violations must be accredited in an objective and material manner. It shall be presumed that the violations are decisive when the difference between the vote obtained between the first and second place is less than five percent.
Paragraph added DOF 10-02-2014
brIn the event of the nullity of the election, an extraordinary election shall be called, in which the person sanctioned may not participate.
Paragraph added DOF 10-02-2014
Article amended DOF 06-12-1977, 06-04-1990, 03-09-1993, 19-04-1994, 22-08-1996, 13-11-2007
Chapter II
Of the Integral Parts of the Federation and of the National Territory
Articles 42 to 48
Article 42 . The national territory comprises:
I. That of the constituent parts of the Federation;
II. That of islands, including reefs and cays in adjacent seas;
III. That of the islands of Guadalupe and those of Revillagigedo situated in the Pacific Ocean;
IV. The continental shelf and the submarine sockets of islands, cays and reefs;
V. The waters of the territorial seas to the extent and under the terms established by international law and inland maritime waters;
VI. The space located on the national territory, with the extension and modalities established by International Law itself.
Reformed article DOF 18-01-1934, 20-01-1960
Article 43 . The constituent parts of the Federation are the States of Aguascalientes, Baja California, Baja California Sur, Campeche, Coahuila de Zaragoza, Colima, Chiapas, Chihuahua, Durango, Guanajuato, Guerrero, Hidalgo, Jalisco, Mexico, Michoacán Ocampo, Morelos, Nayarit, Nuevo León, Oaxaca, Puebla, Querétaro, Quintana Roo, San Luis Potosí, Mexico, Michoacán de Ocampo, Morelos, Nayarit, Nuevo León, Oaxaca, Puebla, Querétaro, Quintana Roo, San Luis Potosí, Sinaloa, Sonora, Tabasco, Tamaulipas, Tlaxcala, Veracruz de Ignacio de la Llave, Yucatán and Zacatecas; as well as Mexico City.
Article amended DOF 07-02-1931, 19-12-1931, 16-01-1935, 16-01-1952, 08-10-1974, 13-04-2011, 29-01-2016, 17-05-2021
Article 44 . Mexico City is the federative entity seat of the Powers of the Union and Capital of the United Mexican States; it shall be composed of the territory it currently has and, in the event that the federal powers are transferred to another place, it shall be established as a State of the Union with the denomination of Mexico City.
Article reformed DOF 25-10-1993, 29-01-2016
Article 45 . The States of the Federation retain the extension and limits they have had until now, provided there is no difficulty as to these.
Article reformed DOF 07-02-1931, 19-12-1931, 22-03-1934, 16-01-1935, 16-01-1952, 08-10-1974
Article 46 . The federative entities may, at any time, by amicable agreements, settle among themselves their respective limits; but such settlements shall not be carried into effect without the approval of the Chamber of Senators.
In the absence of the agreement referred to in the preceding paragraph, and at the request of any of the parties in conflict, the Supreme Court of Justice of the Nation shall hear, substantiate and resolve disputes over territorial boundaries that arise between the federative entities, under the terms of section I of Article 105 of this Constitution.
Article amended DOF 17-03-1987, 08-12-2005, 15-10-2012
Article 47 . The State of (sic DOF 05-02-1917) Nayarit shall have the territorial extension and limits that currently comprise the Territory of Tepic.
Original article DOF 05-02-1917
Article 48 . The islands, cays and reefs in the adjacent seas belonging to the national territory, the continental shelf, the submarine sockets of the islands, cays and reefs, the territorial seas, the internal maritime waters and the space above the national territory, shall depend directly on the Government of the Federation, with the exception of those islands over which the States have hitherto exercised jurisdiction.
Article amended DOF 20-01-1960
Title Three
Articles 49 to 107
Chapter I
Division of Powers
Article 49
Article 49 . The Supreme Power of the Federation is divided for its exercise into Legislative, Executive and Judicial.
Two or more of these Powers may not be combined in a single person or corporation, nor may the Legislative Power be deposited in an individual, except in the case of extraordinary powers to the Executive of the Union, in accordance with the provisions of Article 29. In no other case, except as provided in the second paragraph of article 131, shall extraordinary powers to legislate be granted.
Article reformed DOF 12-08-1938, 28-03-1951
Chapter II
Legislative Branch
Articles 50 79
Article 50 . The legislative power of the United Mexican States is vested in a General Congress, which shall be divided into two Houses, one of Deputies and the other of Senators.
Original article DOF 05-02-1917
Section I
Election and Installation of Congress
Article 51 . The Chamber of Deputies shall be composed of representatives of the Nation, elected in their entirety every three years. For each regular deputy, a substitute shall be elected.
Article amended DOF 29-04-1933, 06-12-1977
Article 52 . The Chamber of Deputies shall be composed of 300 deputies elected according to the principle of relative majority voting, through the system of single-member electoral districts, as well as 200 deputies who shall be elected according to the principle of proportional representation, through the Regional List System, voted in multi-member constituencies.
Article amended DOF 20-08-1928, 30-12-1942, 11-06-1951, 20-12-1960, 14-02-1972, 08-10-1974, 06-12-1977, 15-12-1986, 06-06-2019
Article 53 . The territorial demarcation of the 300 single-member electoral districts shall be the result of dividing the total population of the country by the districts indicated. The distribution of the single-member electoral districts among the federal entities shall be made taking into account the latest general population census, and in no case may the representation of a federal entity be less than two majority deputies.
For the election of the 200 male and female deputies according to the principle of proportional representation and the Regional List System, five plurinominal electoral constituencies shall be constituted in the country, formed in accordance with the principle of parity, and headed alternately by women and men each election period. The law shall determine the manner of establishing the territorial demarcation of these constituencies.
Article amended DOF 06-12-1977, 15-12-1986, 29-01-2016, 06-06-2019
Article 54 . The election of the 200 deputies according to the principle of proportional representation and the system of allocation by regional lists shall be subject to the following bases and to the provisions of the law:
Amended paragraph DOF 03-09-1993
I. A political party, in order to obtain the registration of its regional lists, must prove that it participates with candidates for deputies by relative majority in at least two hundred single-member districts;
II. Any political party that reaches at least three percent of the total valid vote cast for the regional lists of the multi-member constituencies shall be entitled to be allocated deputies according to the principle of proportional representation;
Reformed fraction DOF 22-08-1996, 10-02-2014
III. The political party that complies with the two previous bases, independently and in addition to the certificates of relative majority obtained by its candidates, shall be assigned by the principle of proportional representation, in accordance with its national vote cast, the number of deputies from its regional list corresponding to it in each plurinominal constituency. In the allocation, the order in which the candidates were placed on the corresponding lists shall be followed.
Section amended DOF 03-09-1993. Reformed DOF 22-08-1996
IV. No political party may have more than 300 deputies for both principles.
Section amended DOF 03-09-1993. Reformed DOF 22-08-1996
V. In no case may a political party have a number of deputies for both principles that represent a percentage of the total of the House that exceeds its percentage of the national vote cast by eight points. This basis shall not apply to a political party that, due to its victories in single-member districts, obtains a percentage of seats in the total of the House that exceeds the sum of the percentage of its national vote cast plus eight per cent; and
Section added DOF 03-09-1993. Reformed DOF 22-08-1996
VI. Under the terms of the provisions of sections III, IV and V above, the seats of proportional representation remaining after the allocation of those corresponding to the political party that is in the cases of sections IV or V above, shall be awarded to the other political parties entitled thereto in each of the multi-member constituencies, in direct proportion to the respective effective national votes of the latter. The law shall develop the rules and formulas for these purposes.
Section added DOF 03-09-1993. Reformed DOF 22-08-1996
Reform DOF 22-08-1996: Deleted from the article the then section VII (previously added DOF 03-09-1993).
Article reformed DOF 22-06-1963, 14-02-1972, 06-12-1977, 15-12-1986, 06-04-1990
Article 55 . To be a deputy is required:
Amended paragraph DOF 29-01-2016
I. Be a Mexican citizen, by birth, in the exercise of his or her rights.
II. Be twenty-one years of age on the day of the election;
Reformed fraction DOF 14-02-1972
III. Be a native of the federative entity in which the election is held or a resident of that entity with effective residence for more than six months prior to the date of the election.
Amended paragraph DOF 29-01-2016
In order to appear on the lists of the multi-member electoral districts as a candidate for deputy, it is necessary to be a native of one of the federative entities that comprise the district in which the election is held, or a resident therein with effective residence for more than six months prior to the date on which the election is held.
The neighbourhood is not lost by absence in the performance of public offices of popular election.
Reformed fraction DOF 08-10-1974, 06-12-1977
IV. Not to be on active duty in the Federal Army or have command of the police or rural gendarmerie in the District where the election is held, at least ninety days prior to the election.
V. Not to be the head of any of the agencies to which this Constitution grants autonomy, nor be a Secretary or Undersecretary of State, nor the head of any of the decentralized or deconcentrated agencies of the federal public administration, unless definitively separated from his or her functions 90 days prior to the day of the election.
Not to be a Minister of the Supreme Court of Justice of the Nation, nor a Magistrate, nor Secretary of the Electoral Tribunal of the Judicial Power of the Federation, nor a Presiding Councilor or electoral councilor in the General, local or district councils of the National Electoral Institute, nor an Executive Secretary, Executive Director or professional management personnel of the Institute itself, unless they have been separated from their position, permanently, three years prior to election day.
Amended paragraph DOF 10-02-2014
The Governors of the States and the Head of Government of Mexico City may not be elected in the entities of their respective jurisdictions during their term of office, even when they definitively separate from their posts.
Amended paragraph DOF 29-01-2016
The Secretaries of the Government of the federative entities, the Federal and local Magistrates and Judges, as well as the Municipal Presidents and Mayors in the case of Mexico City, may not be elected in the entities of their respective jurisdictions, if they do not definitively separate from their posts ninety days before the day of the election;
Amended paragraph DOF 29-01-2016
Reformed fraction DOF 29-04-1933, 31-12-1994, 19-06-2007
VI. Not to be a minister of any religious cult, and
Reformed fraction DOF 29-04-1933
VII. Not to be included in any of the incapacities set forth in Article 59.
Section added DOF 29-04-1933
Article 56 . The Chamber of Senators shall be composed of one hundred and twenty-eight senators, of whom, in each state and in Mexico City, two shall be elected according to the principle of majority relative vote and one shall be assigned to the first minority. For these purposes, political parties must register a list with two candidate formulas. The first minority senate seat shall be assigned to the candidate formula at the top of the list of the political party that, by itself, has received the second largest number of votes in the entity in question.
Amended paragraph DOF 29-01-2016, 06-06-2019
The remaining thirty-two senatorial seats shall be elected according to the principle of proportional representation, by means of the system of lists voted in a single national plurinominal constituency, formed in accordance with the principle of parity, and headed alternately by women and men each election period. The law shall establish the rules and formulas for these purposes.
Amended paragraph DOF 06-06-2019
The entire Senate is renewed every six years.
Article amended DOF 29-04-1933, 15-12-1986, 03-09-1993, 22-08-1996
Article 57 . An alternate shall be elected for each senator.
Original article DOF 05-02-1917
Article 58 . To be a senator, the same requirements are required as for a deputy, except for age, which shall be 25 years of age on the day of the election.
Article reformed DOF 29-04-1933, 14-02-1972, 29-07-1999
Article 59 . Senators may be elected for up to two consecutive terms and Deputies to the Congress of the Union for up to four consecutive terms. The nomination may only be made by the same party or by any of the member parties of the coalition that nominated them, unless they have resigned or lost their membership before the middle of their term of office.
Article reformed DOF 29-04-1933, 10-02-2014
Article 60 . The public body provided for in Article 41 of this Constitution, in accordance with the provisions of the law, shall declare the validity of the elections of deputies and senators in each of the single-member electoral districts and in each of the federal entities; it shall grant the respective certificates to the formulas of candidates who have obtained a majority of votes and shall make the allocation of first minority senators in accordance with the provisions of Article 56 of this Constitution and the law. Likewise, it shall make the declaration of validity and the allocation of deputies according to the principle of proportional representation in accordance with Article 54 of this Constitution and the law.
The determinations on the declaration of validity, the granting of the certificates and the assignment of deputies or senators may be challenged before the regional chambers of the Electoral Tribunal of the Judiciary of the Federation, under the terms established by law.
Amended paragraph DOF 22-08-1996
The resolutions of the chambers referred to in the preceding paragraph may be reviewed exclusively by the Superior Chamber of the Tribunal itself, through the means of challenge that the political parties may file only when, due to the grievances raised, the result of the election may be modified. The rulings of the Chamber shall be final and unassailable. The law shall establish the requirements, procedural requirements and the procedure for this means of challenge.
Amended paragraph DOF 22-08-1996
Article amended DOF 06-12-1977, 22-04-1981, 15-12-1986, 06-04-1990, 03-09-1993
Article 61 . Deputies and senators are inviolable for the opinions they express in the performance of their duties, and may never be reprimanded for them.
The President of each House shall ensure respect for the constitutional privileges of its members and the inviolability of the premises where they meet.
Paragraph added DOF 06-12-1977
Article 62 . The regular Deputies and Senators, during their term of office, may not hold any other commission or employment of the Federation or of the federative entities for which they receive a salary, without prior leave of absence from the respective Chamber; but they shall then cease in their representative functions for the duration of the new occupation. The same rule shall be observed with deputies and alternate senators, when they are in office. Violation of this provision shall be punished with the loss of the character of deputy or senator.
Article amended DOF 29-01-2016
Article 63 . The Houses cannot open their sessions or exercise their office without the concurrence, in each of them, of more than half of the total number of their members; But those present in both Houses must meet on the day designated by law and compel those absent to attend within the following thirty days, with the warning that if they do not do so, it shall be understood by that fact alone that they do not accept their office, and then the alternates shall be called, who must appear within the same period, and if they do not do so either, the seat shall be declared vacant. Both vacancies of deputies and senators of the Congress of the Union that arise at the beginning of the legislature, as well as those that occur during its exercise, shall be filled: the vacancy of deputies and senators of the Congress of the Union by the principle of relative majority, the respective Chamber shall call for extraordinary elections in accordance with the provisions of section IV of Article 77 of this Constitution; the vacancy of members of the Chamber of Deputies elected by the principle of proportional representation, shall be filled by the formula of candidates of the same party that follows in the order of the respective regional list, after having been assigned the deputies that would have corresponded to it; the vacancy of members of the Chamber of Senators elected by the principle of proportional representation shall be filled by the formula of candidates of the same party that follows in the order of the national list, after having been assigned the senators that would have corresponded to it; and the vacancy of members of the Chamber of Senators elected by the principle of first minority shall be filled by the formula of candidates of the same party that for the federal entity in question has been registered in second place on the corresponding list.
Reformed paragraph DOF 03-09-1993, 29-10-2003
It is also understood that the deputies or senators who are absent ten consecutive days, without a justified cause or without prior leave of absence from the president of their respective Chamber, with which the latter shall be informed, renounce the right to attend until the next period, and the alternates shall be called from then on.
If there is no quorum for the installation of any of the Houses or for the exercise of their functions once installed, the alternates shall be summoned immediately so that they may present themselves as soon as possible to perform their duties, in the meantime the thirty days mentioned above have elapsed.
Those who, having been elected deputies or senators, fail, without just cause in the judgment of the respective Chamber, to present themselves for office within the period indicated in the first paragraph of this article, shall incur liability and shall be liable to the penalties prescribed by law. National political parties which, having nominated candidates in an election for deputies or senators, agree that their members who are elected shall not present themselves to perform their functions shall also incur liability, which the same law shall sanction.
Paragraph added DOF 22-06-1963
Article 64 . Deputies and Senators who do not attend a session without a justified cause or without permission from the respective Chamber shall not be entitled to the allowance corresponding to the day on which they are absent.
Original article DOF 05-02-1917
Article 65 . Congress shall meet as of September 1st of each year to hold a first period of ordinary sessions, except when the President of the Republic begins his term of office on the date provided for in Article 83 of this Constitution, in which case it shall meet as of August 1st; and as of February 1st to hold a second period of ordinary sessions.
Amended paragraph DOF 03-09-1993, 02-08-2004, 10-02-2014
In both Sessions the Congress shall study, discuss and vote on the Bills submitted to it and resolve the other matters that fall within its competence under this Constitution.
In each Ordinary Session the Congress will deal preferentially with the matters indicated in its Organic Law.
Article reformed DOF 06-12-1977, 07-04-1986
Article 66 . Each ordinary session shall last for the time necessary to deal with all the matters mentioned in the preceding article. The first period may not be extended until December 15 of the same year, except when the President of the Republic begins his term of office on the date provided for in Article 83, in which case the sessions may be extended until December 31 of the same year. The second period may not extend beyond April 30 of the same year.
Amended paragraph DOF 03-09-1993
If the two Houses do not agree to terminate the Sessions before the dates indicated, the President of the Republic shall decide.
Article reformed DOF 07-04-1986
Article 67 . The Congress or only one of the Houses, when it is a matter exclusive to it, shall meet in extraordinary sessions whenever they are summoned for that purpose by the Standing Committee; but in both cases they shall only deal with the matter or matters that the Committee itself submits to its knowledge, which shall be stated in the respective summons.
Article amended DOF 24-11-1923
Article 68 . The two Houses shall reside in the same place and may not move to another without first agreeing on the transfer and on the time and manner of verifying it, designating the same point for the meeting of both. But if the two agree on the transfer, they differ as to time, manner and place, the Executive shall end the difference, choosing one of the two extremes in question. Neither House may suspend its sessions for more than three days without the consent of the other.
Original article DOF 05-02-1917
Article 69 - At the opening of the Ordinary Sessions of the First Period of each year of the Congress, the President of the Republic shall present a written report, in which he shall state the general state of the public administration of the country. At the opening of extraordinary sessions of the Congress of the Union, or of only one of its chambers, the President of the Permanent Commission shall report on the motives or reasons that gave rise to the convocation.
Each of the Houses shall analyze the report and may request the President of the Republic to expand on the information by means of a written question and summon the Secretaries of State and the directors of the parastatal entities, who shall appear and render reports under oath. The Law of Congress and its regulations shall regulate the exercise of this power.
Amended paragraph DOF 10-02-2014
In the first year of his mandate, at the opening of the second period of ordinary sessions of Congress, the President of the Republic will present the National Public Security Strategy to the Senate for its approval and will report annually on its status.
Paragraph added DOF 10-02-2014
Reformed article DOF 24-11-1923, 07-04-1986, 15-08-2008
Article 70 . Every resolution of Congress shall have the character of a law or decree. The laws or decrees shall be communicated to the Executive signed by the Presidents of both Houses and by a secretary of each of them, and shall be promulgated in this form: "The Congress of the United Mexican States decrees: (text of the law or decree)".
The Congress will issue the law that will regulate its internal structure and functioning.
Paragraph added DOF 06-12-1977
The law shall determine the forms and procedures for the grouping of deputies, according to their party affiliation, in order to guarantee the free expression of the ideological currents represented in the Chamber of Deputies.
Paragraph added DOF 06-12-1977
This law may not be vetoed or require enactment by the Federal Executive in order to be effective.
Paragraph added DOF 06-12-1977
Section II
On the Initiative and Formation of Laws
Article 71 . The right to initiate laws or decrees is vested:
I. To the President of the Republic;
II. To the Deputies and Senators to the Congress of the Union;
Reformed fraction DOF 09-08-2012
III. To the Legislatures of the States and of the City of Mexico; and
Reformed fraction DOF 09-08-2012, 29-01-2016
IV. To citizens in a number equivalent, at least, to zero point thirteen percent of the nominal list of voters, under the terms established by law.
Fraction added DOF 09-08-2012
The Act of Congress shall determine the procedure to be followed for the initiatives.
Amended paragraph DOF 17-08-2011, 09-08-2012
On the opening day of each ordinary period of sessions, the President of the Republic may present up to two initiatives for preferential processing, or indicate as such up to two that he has presented in previous periods, when they are pending a ruling. Each initiative must be discussed and voted on by the plenary of the House of origin within a maximum period of thirty calendar days. If this is not the case, the initiative, in its terms and without further procedure, shall be the first matter to be discussed and voted on in the following session of the Plenary. If approved or amended by the House of origin, the respective bill or decree shall immediately pass to the revising House, which shall discuss and vote on it within the same period and under the aforementioned conditions.
Paragraph added DOF 09-08-2012
Initiatives for additions or amendments to this Constitution may not have a preferential character.
Paragraph added DOF 09-08-2012
Article 72 . Any bill or decree, the resolution of which is not exclusive to either of the Houses, shall be discussed successively in both Houses, observing the Law of Congress and its respective regulations on the form, intervals and manner of proceeding in the discussions and voting:
Amended paragraph DOF 17-08-2011
A. Once a bill has been approved in the House of origin, it shall pass to the other House for discussion. If the latter approves it, it shall be sent to the Executive, which, if it has no observations to make, shall publish it immediately.
B . Any bill not returned with observations to the House of origin within thirty calendar days following its receipt shall be deemed approved by the Executive Branch; upon expiration of this term, the Executive Branch shall have ten calendar days to promulgate and publish the law or decree. Once this second term has elapsed, the law or decree shall be considered promulgated and the President of the House of origin shall order its publication in the Official Gazette of the Federation within the following ten calendar days, without the need for a countersignature. The periods referred to in this section shall not be interrupted if Congress closes or suspends its sessions, in which case the return shall be made to the Permanent Commission.
Section amended DOF 17-08-2011
C. The bill or decree rejected in whole or in part by the Executive, shall be returned, with its observations, to the Chamber of its origin. It shall be discussed again by the latter, (sic DOF 05-02-1917) and if confirmed by two thirds of the total number of votes, it shall pass again to the revising Chamber. If by the latter it is approved by the same majority, the bill shall become a law or decree and shall return to the Executive for its promulgation.
Voting on laws or decrees shall be by roll call.
D. If any bill or decree is rejected in its entirety by the House of revision, it shall return to the House of origin with the observations made by that House. If it is again examined and approved by an absolute majority of the members present, it shall return to the House that rejected it, which shall again take it into consideration, and if it is approved by the same majority, it shall pass to the Executive for the purposes of clause A; but if it is rejected, it may not be presented again in the same period of sessions.
E. If a bill of law or decree is rejected in part, or amended or added to by the revising House, the new discussion of the House of origin shall deal only with what has been rejected or with the amendments or additions, without being able to alter in any way the articles approved. If the additions or amendments made by the revising House are approved by an absolute majority of the votes present in the House of origin, the whole bill shall be passed to the Executive, for the purposes of clause A. If the additions or amendments made by the revising House are disapproved by a majority of votes in the House of origin, they shall return to that House to take into consideration the reasons thereof, and if by an absolute majority of the votes present the said additions or amendments are rejected in this second revision, the bill, in so far as it has been approved by both Houses, shall be passed to the Executive for the purposes of clause A. If the revising House insists, by an absolute majority of the votes present, on such additions or amendments, the whole bill shall not be presented again until the following session, unless both Houses agree, by an absolute majority of their members present, that the law or decree be enacted only with the articles approved, and that the additions or amendments be reserved for examination and vote in the following sessions.
F. In the interpretation, amendment or repeal of laws or decrees, the same procedures established for their formation shall be observed.
G. Any bill or decree that is rejected in the House of origin may not be reintroduced during the sessions of the year.
H. The formation of laws or decrees may begin indistinctly in either of the two Houses, with the exception of bills dealing with loans, contributions or taxes, or the recruitment of troops, all of which must first be discussed in the Chamber of Deputies.
I. Bills or decrees shall preferably be discussed in the House in which they are introduced, unless one month has elapsed since they were referred to the committee responsible without the latter giving its opinion, in which case the same bill or decree may be introduced and discussed in the other House.
I (sic DOF 24-11-1923). The Executive of the Union may not make observations on the resolutions of Congress or of any of the Houses, when they exercise the functions of an electoral body or jury, or when the Chamber of Deputies declares that one of the high officials of the Federation should be indicted for official crimes.
Nor may it make them to the Decree of convocation of extraordinary sessions issued by the Permanent Commission.
Reformed clause DOF 24-11-1923
Section III
Powers of Congress
Article 73 . Congress has the power:
Amended paragraph DOF 24-10-1942, 10-02-1944
I. To admit new States to the Federal Union;
Reformed fraction DOF 08-10-1974
II. Repealed.
Section repealed DOF 08-10-1974
III. To form new States within the limits of existing States, it being necessary for that purpose:
1o. That the fraction or fractions that ask to be established as States, have a population of at least one hundred and twenty thousand inhabitants.
2o. That it be proved before Congress that it has sufficient elements to provide for its political existence.
3o. That the Legislatures of the federative entities of whose territory it concerns be heard on the convenience or inconvenience of the erection of the new State, being obliged to give their report within six months, counted from the day on which the respective communication is sent to them.
Amended paragraph DOF 29-01-2016
4o. That the Executive of the Federation shall also be heard, and shall send its report within seven days from the date on which it is requested to do so.
5o. That the erection of the new State be voted by two thirds of the deputies and senators present in their respective Houses.
6o. That the resolution of Congress be ratified by the majority of the Legislatures of the federative entities, after examination of the copy of the file, provided that the Legislatures of the federative entities whose territory is involved have given their consent.
Amended paragraph DOF 29-01-2016
7o. If the Legislatures of the federal entities whose territory is concerned have not given their consent, the ratification referred to in the preceding section shall be made by two thirds of the total number of Legislatures of the other federal entities.
Amended paragraph DOF 29-01-2016
IV. Repealed.
Erratum to section DOF 06-02-1917. Repealed DOF 08-12-2005
V. To change the residence of the Supreme Powers of the Federation.
VI. Repealed;
Section amended DOF 20-08-1928 (2 amendments), 15-12-1934, 14-12-1940, 21-09-1944, 19-02-1951. Erratum DOF 14-03-1951. Amended DOF 08-10-1974, 06-12-1977, 28-12-1982, 10-08-1987, 06-04-1990, 25-10-1993. Repealed DOF 22-08-1996
VII. To impose the necessary contributions to cover the Budget.
VIII. In matters of public debt, to:
1o. To provide the basis on which the Executive may enter into loans and grant guarantees on the credit of the Nation, to approve those same loans and to recognize and order the payment of the national debt. No borrowing may be entered into except for the execution of works that directly produce an increase in public revenues or, under the terms of the law on the matter, those carried out for monetary regulation purposes, debt refinancing or restructuring operations that must be carried out under the best market conditions; as well as those contracted during an emergency declared by the President of the Republic under the terms of article 29.
2o. To annually approve the amounts of indebtedness that must be included in the revenue law, if any, required by the Government of the Federal District and the entities of its public sector, according to the bases of the corresponding law. The Federal Executive will report annually to the Congress of the Union on the exercise of such debt, to which effect the Head of Government will send it the report on the exercise of the corresponding resources. The Head of Government will also inform the Legislative Assembly of the Federal District, when rendering the public account.
3o. Establish in the laws the general bases, so that the States, the Federal District and the Municipalities may incur in indebtedness; the limits and modalities under which said orders of government may affect their respective participations to cover the borrowings and payment obligations they contract; the obligation of said orders of government to register and publish all their borrowings and payment obligations in a single public registry, in a timely and transparent manner; a system of alerts on the management of the debt; as well as the sanctions applicable to public servants who do not comply with its provisions. These laws must first be discussed in the Chamber of Deputies in accordance with the provisions of section H of Article 72 of this Constitution.
4o. The Congress of the Union, through the competent bicameral legislative commission, will analyze the adjustment strategy to strengthen the public finances of the States, proposed in the agreements they intend to enter into with the Federal Government to obtain guarantees and, if applicable, will issue the observations it deems pertinent within a maximum term of fifteen working days, including during the recess periods of the Congress of the Union. The above will apply in the case of states with high levels of debt under the terms of the law. Likewise, immediately after signing the corresponding agreement, it will be informed of the adjustment strategy for the municipalities that are in the same situation, as well as of the agreements, if any, entered into by the states that do not have a high level of debt;
Reformed fraction DOF 30-12-1946, 25-10-1993, 26-05-2015
IX. To prevent the establishment of restrictions in trade between federal entities.
Section amended DOF 24-10-1942, 29-01-2016
X. To legislate throughout the Republic on hydrocarbons, mining, chemical substances, explosives, pyrotechnics, the film industry, commerce, gambling and lotteries, financial intermediation and services, electric and nuclear energy, and to issue the labor laws regulating article 123;
Reformed fraction DOF 06-09-1929, 27-04-1933, 18-01-1934, 18-01-1935, 14-12-1940, 24-10-1942, 18-11-1942, 29-12-1947, 06-02-1975, 17-11-1982, 20-08-1993, 20-07-2007
XI. To create and suppress public jobs of the Federation and to indicate, increase or decrease their number.
XII. To declare war, in view of the data submitted to him by the Executive.
XIII. To make laws according to which sea and land dams shall be declared good or bad, and to issue laws relating to the maritime law of peace and war.
Section amended DOF 21-10-1966. Erratum DOF 22-10-1966.
XIV. To raise and sustain the armed institutions of the Union, viz: National Army, Navy, and Air Force, and to regulate their organization and service.
Reformed fraction DOF 10-02-1944
XV. Repealed.
Section amended DOF 29-01-2016. Repealed DOF 26-03-2019
XVI. To enact laws on nationality, the legal status of foreigners, citizenship, naturalization, colonization, emigration and immigration, and the general health of the Republic.
Amended paragraph DOF 18-01-1934
1a. The Consejo de Salubridad General will depend directly on the President of the Republic, without the intervention of any Secretary of State, and its general dispositions will be obligatory in the country.
2a. In case of epidemics of a serious nature or danger of invasion of exotic diseases in the country, the Secretary of Health shall be obliged to immediately dictate the indispensable preventive measures, subject to be later sanctioned by the President of the Republic.
Base reformed DOF 02-08-2007
3a. The sanitary authority shall be executive and its provisions shall be obeyed by the administrative authorities of the Country.
4a. The measures that the Council has put into effect in the Campaign against alcoholism and the sale of substances that poison the individual or degenerate the human species, as well as those adopted to prevent and combat environmental pollution, shall thereafter be reviewed by the Congress of the Union in the cases within its competence.
Base reformed DOF 06-07-1971
XVII. To enact laws on general means of communication, information and communication technologies, broadcasting, telecommunications, including broadband and Internet, posts and post offices, and on the use and development of waters under federal jurisdiction.
Reformed fraction DOF 11-06-2013
XVIII. To establish mints, to fix the conditions that they must have, to dictate rules to determine the relative value of foreign currency, and to adopt a general system of weights and measures;
Reformed fraction DOF 17-11-1982
XIX. To fix the rules to which the occupation and alienation of vacant land and the price thereof shall be subject.
XX. To issue the laws of organization of the Mexican Diplomatic and Consular Corps.
XXI. To issue:
a) General laws establishing at least the types of offences and their penalties in the areas of kidnapping, enforced disappearance of persons, other forms of deprivation of liberty contrary to the law, trafficking in persons, torture and other cruel, inhuman or degrading treatment or punishment, as well as electoral law.
Amended paragraph DOF 10-02-2014, 10-07-2015
The general laws will also contemplate the distribution of competences and the forms of coordination between the Federation, the federal entities and the Municipalities;
Amended paragraph DOF 29-01-2016
b) Legislation establishing offences and misdemeanours against the Federation and the penalties and sanctions to be imposed for them; as well as legislating on organized crime;
c) The single legislation on criminal procedure, alternative dispute resolution mechanisms in criminal matters, enforcement of sentences and criminal justice for adolescents, which will govern the Republic at the federal level and in the ordinary courts.
Reformed clause DOF 02-07-2015, 05-02-2017
The federal authorities may take cognizance of ordinary offences when they are related to federal offences or offences against journalists, persons or facilities that affect, limit or undermine the right to information or freedom of expression or press freedom.
In the concurrent matters provided for in this Constitution, federal laws shall establish the cases in which the authorities of the common jurisdiction may hear and resolve federal crimes;
Reformed fraction DOF 03-07-1996, 28-11-2005, 18-06-2008, 04-05-2009, 14-07-2011, 25-06-2012, 08-10-2013
XXII. To grant amnesties for offences whose cognizance belongs to the courts of the Federation.
XXIII. To issue laws that, with respect for human rights, establish the bases for coordination between the Federation, the federal entities and the Municipalities; to organize the National Guard and the other public security institutions in federal matters, in accordance with the provisions of Article 21 of this Constitution; as well as the National Law on the Use of Force, and the National Law on the Registration of Detentions;
Section repealed DOF 06-12-1977. Added DOF 31-12-1994. Amended DOF 18-06-2008, 29-01-2016, 26-03-2019.
XXIII Bis. To issue the general law on private security, which establishes:
a) The rules and authority empowered to authorize and regulate private security service providers throughout the national territory;
b) The rules of coordination between persons authorized to provide private security services and the corresponding authorities of the Federation, the federative entities and the municipalities, for the proper organization and operation as auxiliaries of public security;
c) Coordination of these providers with public security institutions in emergency and disaster situations; and (b) The coordination of these providers with public security institutions in emergency and disaster situations.
d) Aspects related to the coordination and supervision of complementary police forces in the country;
Fraction with paragraphs added DOF 28-05-2021
XXIV. To issue the laws that regulate the organization and powers of the Superior Audit Office of the Federation and others that regulate the management, control and evaluation of the Powers of the Union and federal public entities; as well as to issue the general law that establishes the bases for coordination of the National Anticorruption System referred to in Article 113 of this Constitution;
Section amended DOF 30-07-1999, 27-05-2015
XXV. To establish the System for the Career of Teachers, in terms of Article 3o. of this Constitution; to establish, organize and support throughout the Republic rural, elementary, middle, high, secondary and professional schools; schools of scientific research, fine arts and technical education, practical schools of agriculture and mining, arts and crafts, museums, libraries, observatories and other institutes concerning the general culture of the inhabitants of the nation and to legislate on all matters relating to such institutions; to legislate on vestiges or fossil remains and on archaeological, artistic and historical monuments, whose conservation is of national interest; as well as to dictate laws aimed at conveniently distributing among the Federation, the federative entities and the Municipalities the exercise of the educational function and the economic contributions corresponding to that public service, seeking to unify and coordinate education throughout the Republic, and to ensure the fulfillment of the purposes of education and its continuous improvement within a framework of inclusion and diversity. The diplomas issued by the establishments in question shall have effect throughout the Republic. To legislate on copyright and other related intellectual property rights;
Section amended DOF 08-07-1921. Redrawn (formerly section XXVII) by repeal of sections XXV and XXVI DOF 20-08-1928. Amended DOF 13-12-1934, 13-01-1966, 21-09-2000, 30-04-2009, 26-02-2013, 29-01-2016, 15-05-2019.
XXVI. To grant leave of absence to the President of the Republic and to constitute an Electoral College and appoint the citizen who shall replace the President of the Republic, either as interim or substitute, under the terms of Articles 84 and 85 of this Constitution;
Section repealed (formerly section XXVIII) by repeal of sections XXV and XXVI DOF 20-08-1928. Amended DOF 29-04-1933, 09-08-2012.
XXVII. To accept the resignation from the office of President of the Republic.
Section deleted (formerly section XXIX) by repeal of sections XXV and XXVI DOF 20-08-1928
XXVIII. To issue laws in matters of governmental accounting that will govern public accounting and the homogeneous presentation of financial, income and expenditure information, as well as patrimonial information, for the Federation, the federal entities, the Municipalities and the territorial districts of Mexico City, in order to guarantee its harmonization at a national level;
Section repealed (formerly section XXX) by repeal of sections XXV and XXVI DOF 20-08-1928. Repealed DOF 06-12-1977. Added DOF 07-05-2008. Amended DOF 29-01-2016
XXIX. To establish contributions:
1o. On foreign trade;
2o. On the use and exploitation of the natural resources included in paragraphs 4 and 5 of article 27;
3o. On credit institutions and insurance companies;
4o. On public services concessioned or directly exploited by the Federation; and
5o. Specials on:
a) Electrical energy;
b) Production and consumption of tobacco products;
c) Gasoline and other petroleum products;
d) Matches and matches;
e) Mead and fermentation products; and
f) Forestry exploitation.
g) Beer production and consumption.
Subsection added DOF 10-02-1949
The federal entities will participate in the yield of these special contributions, in the proportion determined by the federal secondary law. The local legislatures will fix the percentage corresponding to the Municipalities, in their income from the tax on electric energy.
Section repealed (formerly section XXXI) by repeal of sections XXV and XXVI DOF 20-08-1928. Section amended DOF 24-10-1942.
XXIX-A. To issue the general law that establishes the principles and bases for alternative dispute resolution mechanisms, with the exception of criminal matters;
Fraction added DOF 05-02-2017
XXIX-B. To legislate on the characteristics and use of the Flag, Coat of Arms and National Anthem.
Fraction added DOF 24-10-1967
XXIX-C. To issue the laws that establish the concurrence of the Federal Government, of the federal entities, of the Municipalities and, as the case may be, of the territorial districts of Mexico City, within the scope of their respective competencies, in matters of human settlements, in order to comply with the purposes set forth in the third paragraph of Article 27 of this Constitution, as well as in matters of mobility and road safety;
Section added DOF 06-02-1976. Amended DOF 29-01-2016, 18-12-2020
XXIX-D. To issue laws on national planning of economic and social development, as well as on statistical and geographic information of national interest;
Section added DOF 03-02-1983. Reformed DOF 07-04-2006
XXIX-E. To issue laws for the programming, promotion, agreement and execution of economic actions, especially those related to supply and others whose purpose is the sufficient and timely production of socially and nationally necessary goods and services.
Fraction added DOF 03-02-1983
XXIX-F. To issue laws aimed at the promotion of Mexican investment, the regulation of foreign investment, the transfer of technology and the generation, dissemination and application of scientific and technological knowledge required for national development. Likewise, to legislate in matters of science, technology and innovation, establishing general bases of coordination between the Federation, the federal entities, the Municipalities and the territorial divisions of Mexico City, within the scope of their respective competences, as well as the participation of the social and private sectors, with the purpose of consolidating the National System of Science, Technology and Innovation;
Section added DOF 03-02-1983. Reformed DOF 15-05-2019
XXIX-G. To issue laws that establish the concurrence of the Federal Government, of the governments of the federal entities, of the Municipalities and, as the case may be, of the territorial districts of Mexico City, within the scope of their respective competences, in matters of environmental protection and preservation and restoration of the ecological balance.
Section added DOF 10-08-1987. Reformed DOF 29-01-2016
XXIX-H. To issue the law that establishes the Federal Court of Administrative Justice, endowed with full autonomy to issue its rulings, and that establishes its organization, its operation and the remedies to challenge its resolutions.
The Tribunal will be in charge of settling disputes between the federal public administration and private parties.
It will also be the competent body to impose sanctions on public servants for the administrative responsibilities that the law determines as serious and on individuals who participate in acts related to such responsibilities, as well as to order those responsible to pay compensation and financial penalties arising from the damages that affect the Federal Public Treasury or the assets of federal public entities.
The Tribunal shall function as a Plenary or in Regional Chambers.
The Superior Chamber of the Tribunal shall be composed of sixteen Judges and shall act in Plenary or in Sections, one of which shall be responsible for the resolution of the proceedings referred to in the third paragraph of this section.
The Magistrates of the Superior Chamber shall be appointed by the President of the Republic and ratified by a two-thirds vote of the members of the Senate of the Republic present or, in its recesses, by the Permanent Commission. They shall serve for a term of fifteen years, which may not be extended.
Regional Chamber Magistrates shall be appointed by the President of the Republic and ratified by a majority of the members of the Senate of the Republic present or, in its recesses, by the Permanent Commission. They shall serve for ten years and may be considered for new appointments.
Magistrates may only be removed from office for serious causes established by law.
Section added DOF 10-08-1987. Amended DOF 25-10-1993, 28-06-1999, 04-12-2006, 27-05-2015.
XXIX-I. To issue laws that establish the bases on which the Federation, the federal entities, the Municipalities and, as the case may be, the territorial districts of Mexico City, within the scope of their respective competencies, will coordinate their actions in matters of civil protection;
Section added DOF 28-06-1999. Reformed DOF 29-01-2016
XXIX-J. To legislate in matters of physical culture and sport in order to comply with the provisions of Article 4 of this Constitution, establishing concurrence between the Federation, the federal entities, the Municipalities and, where appropriate, the territorial divisions of Mexico City, within the scope of their respective competences; as well as the participation of the social and private sectors;
Section added DOF 28-06-1999. Reformed DOF 12-10-2011, 29-01-2016.
XXIX-K. To issue laws in matters of tourism, establishing the general bases of coordination of the concurrent faculties between the Federation, the federal entities, the Municipalities and, as the case may be, the territorial districts of Mexico City, within the scope of their respective competencies, as well as the participation of the social and private sectors;
Section added DOF 29-09-2003. Reformed DOF 29-01-2016
XXIX-L. To issue laws that establish the concurrence of the federal government, the governments of the federal entities and the municipalities, within the scope of their respective competencies, in matters of fishing and aquaculture, as well as the participation of the social and private sectors, and
Fraction added DOF 09-27-2004
XXIX-M. To issue laws in matters of national security, establishing the requirements and limits to the corresponding investigations.
Fraction added DOF 05-04-2004
XXIX-N. To issue laws on the constitution, organization, operation and extinction of cooperative societies. These laws will establish the bases for concurrence in matters of promotion and sustainable development of the cooperative activity of the Federation, federal entities, municipalities and, where appropriate, territorial districts of Mexico City, within the scope of their respective competences;
Section added DOF 15-08-2007. Reformed DOF 29-01-2016
XXIX-Ñ. To issue laws that establish the bases on which the Federation, the federal entities, the municipalities and, where appropriate, the territorial divisions of Mexico City, within the scope of their respective competences, shall coordinate their actions in the field of culture, except for the provisions of section XXV of this article. They shall also establish mechanisms for the participation of the social and private sectors in order to fulfil the purposes set forth in the twelfth paragraph of Article 4 of this Constitution.
Section added DOF 30-04-2009. Reformed DOF 29-01-2016
XXIX-O. To legislate on the protection of personal data held by private parties.
Fraction added DOF 30-04-2009
XXIX-P. To issue laws that establish the concurrence of the Federation, the federal entities, the municipalities and, where appropriate, the territorial divisions of Mexico City, within the scope of their respective competences, in matters relating to the rights of children and adolescents, ensuring at all times the best interests of the same, as well as in matters relating to the training and comprehensive development of young people, in compliance with the relevant international treaties to which Mexico is a party;
Section added DOF 12-10-2011. Reformed DOF 29-01-2016, 24-12-2020
XXIX-Q. To legislate on citizen initiative and popular consultations.
Fraction added DOF 09-08-2012
XXIX-R. To issue the general laws that harmonize and homologate the organization and operation of the civil registries, the public real estate and corporate registries of the federal entities and the municipal cadastres;
Section added DOF 27-12-2013. Reformed DOF 05-02-2017
XXIX-S. To issue the general regulatory laws that develop the principles and bases in matters of government transparency, access to information and protection of personal data held by government authorities, entities, bodies and agencies at all levels of government.
Section added DOF 07-02-2014
XXIX-T. To issue the general law that establishes the homogeneous organization and administration of the archives of the Federation, of the federal entities, of the municipalities and of the territorial divisions of Mexico City, and to determine the bases for the organization and operation of the National Archives System.
Section added DOF 07-02-2014. Reformed DOF 29-01-2016
XXIX-U. To issue the general laws that distribute competences between the Federation and the federative entities in matters of political parties; electoral bodies, and electoral processes, according to the bases foreseen in this Constitution.
Section added DOF 10-02-2014
XXIX-V. To issue the general law that distributes powers among the levels of government to establish the administrative responsibilities of public servants, their obligations, the penalties applicable for the acts or omissions in which they incur and those that correspond to individuals involved in serious administrative offenses, as well as the procedures for their application.
Fraction added DOF 27-05-2015
XXIX-W. To issue laws on fiscal responsibility that have as their objective the sustainable management of public finances in the Federation, the States, Municipalities and the Federal District, based on the principle established in the second paragraph of Article 25;
Fraction added DOF 26-05-2015
XXIX-X. To issue the general law that establishes the concurrence of the federation, the federal entities, the municipalities and, where appropriate, the territorial divisions of Mexico City, within the scope of their respective competencies, in the area of victims' rights.
Fraction added DOF 25-07-2016
XXIX-Y. To issue the general law that establishes the principles and bases to which the orders of government, within the scope of their respective competences, shall be subject to in matters of regulatory improvement;
Fraction added DOF 05-02-2017
XXIX-Z. To issue the general law that establishes the principles and bases to which the orders of government shall be subject, within the scope of their respective competencies, in matters of civic and itinerant justice, and
Fraction added DOF 05-02-2017
XXX. To issue the sole legislation in civil and family procedural matters, as well as on the extinction of ownership under the terms of Article 22 of this Constitution, and
Section added DOF 15-09-2017. Amended DOF 14-03-2019
XXXI. To issue all laws that may be necessary to give effect to the foregoing powers, and all others granted by this Constitution to the Powers of the Union.
Section added DOF 24-10-1942. Repealed DOF 15-09-2017
Reform DOF 20-08-1928: Removed from the article the then sections XXV and XXVI.
Article 74 . The Chamber of Deputies has exclusive powers:
I. To issue the Solemn proclamation to make known throughout the Republic the declaration of President-Elect made by the Electoral Tribunal of the Federal Judiciary;
Fraction amended DOF 06-07-1971, 08-10-1974, 03-09-1993, 22-08-1996
II. Coordinate and evaluate, without prejudice to its technical and managerial autonomy, the performance of the functions of the Superior Audit Office of the Federation, under the terms provided by law;
Section amended DOF 30-07-1999, 27-05-2015
III. To ratify the appointment made by the President of the Republic of the Secretary of the Treasury branch, unless a coalition government is chosen, in which case the provisions of section II of Article 76 of this Constitution shall apply; as well as those of the other senior Treasury employees;
Section repealed DOF 30-07-1999. Added DOF 10-02-2014
IV. Annually approve the Federal Expenditure Budget, after examining, discussing and, as the case may be, modifying the Project sent by the Federal Executive, once the contributions that, in its judgment, must be decreed to cover it have been approved. Likewise, it may authorize in said Budget the multi-year disbursements for those infrastructure investment projects determined in accordance with the provisions of the regulatory law; the corresponding disbursements must be included in subsequent Expenditure Budgets.
Amended paragraph DOF 25-10-1993, 30-07-2004, 07-05-2008
The Federal Executive shall submit to the House the Income Law Initiative and the Federal Expenditure Budget Project no later than September 8, and the corresponding Secretary of the Office shall appear before the House of Representatives to account for them. The Chamber of Deputies must approve the Budget of Expenditures of the Federation no later than the 15th day of the month of November.
Paragraph amended DOF 17-11-1982, 25-10-1993, 30-07-2004
When he begins his term of office on the date provided for in Article 83, the Federal Executive shall submit to the House the Revenue Law initiative and the draft Budget of Expenditures of the Federation no later than the 15th day of the month of November.
Paragraph added DOF 30-07-2004. Amended DOF 10-02-2014
There may be no secret items in the Federal Expenditure Budget.
Amended paragraph DOF 17-05-2021
The term for the presentation of the Revenue Bill and the Expenditure Budget Bill may only be extended when there is a request from the Executive sufficiently justified in the opinion of the House or the Permanent Commission, and in any case the Secretary of the corresponding Office must appear to inform of the reasons for doing so;
Reformed paragraph DOF 25-10-1993, 07-05-2008
Reform DOF 07-05-2008: Repealed the fifth, sixth (previously reformed DOF 30-07-1999) and seventh (previously reformed DOF 17-03-1987) paragraphs of the section.
Reformed fraction DOF 06-12-1977
V. To declare whether or not it is necessary to proceed criminally against public servants who have committed a crime under the terms of Article 111 of this Constitution.
To hear charges brought against the public servants referred to in Article 110 of this Constitution and to act as an accusing body in political trials brought against them.
Reformed fraction DOF 28-12-1982
VI. Review the Public Account of the previous year, in order to evaluate the results of financial management, verify whether it has been adjusted to the criteria set forth in the Budget and verify compliance with the objectives contained in the programs.
The review of the Public Account will be carried out by the Chamber of Deputies through the Federal Superior Audit Office. If the examination carried out by the latter reveals discrepancies between the amounts corresponding to revenues or expenditures, in relation to the respective concepts and items, or if there is no accuracy or justification in the revenues obtained or in the expenditures made, responsibilities will be determined in accordance with the Law. In the case of the review of compliance with the objectives of the programs, such authority may only issue recommendations for the improvement of their performance, under the terms of the Law.
Amended paragraph DOF 27-05-2015
The Public Account of the corresponding fiscal year must be submitted to the Chamber of Deputies no later than April 30 of the following year. The deadline for submission may only be extended under the terms of section IV, last paragraph, of this article; the extension shall not exceed 30 calendar days and, in that case, the Federal Supreme Audit Office shall have the same additional time to submit the General Executive Report on the results of the Supreme Audit of the Public Account.
Amended paragraph DOF 27-05-2015
The House will conclude the review of the Public Account no later than October 31 of the year following its presentation, based on the analysis of its content and the technical conclusions of the Executive General Report on the result of the Supreme Audit, referred to in Article 79 of this Constitution, without prejudice to the fact that the processing of the observations, recommendations and actions promoted by the Federal Supreme Audit Office will follow its course in terms of the provisions of said Article.
Amended paragraph DOF 09-08-2012, 27-05-2015
The Chamber of Deputies shall evaluate the performance of the Superior Audit Office of the Federation and for this purpose may require it to report on the progress of its audit work;
Amended paragraph DOF 27-05-2015
Section amended DOF 20-08-1928, 08-10-1974. Repealed DOF 10-08-1987. Added DOF 07-05-2008
VII. Approve the National Development Plan within the term established by law. In the event that the Chamber of Deputies does not pronounce itself within said term, the Plan will be understood to be approved;
Section added DOF 20-08-1928. Repealed DOF 28-12-1982. Added DOF 10-02-2014
VIII. Appoint, by a vote of two thirds of its members present, the heads of the internal control bodies of the agencies with autonomy recognized in this Constitution that exercise resources from the Federal Expenditure Budget, and
Fraction added DOF 27-05-2015
IX. Any others expressly conferred by this Constitution.
Section added DOF 20-08-1928. Repealed DOF 27-05-2015
Article 75 . The Chamber of Deputies, when approving the Expenditure Budget, may not fail to indicate the remuneration that corresponds to a job that is established by law; and in the event that for any reason it fails to fix such remuneration, it shall be understood to indicate the remuneration that had been fixed in the previous Budget or in the law that established the job.
In any case, such indication shall respect the bases provided for in Article 127 of this Constitution and in the laws on the matter issued by the General Congress.
Paragraph added DOF 24-08-2009
The federal legislative, executive, and judicial branches, as well as the agencies with autonomy recognized in this Constitution that use resources from the Federal Expenditure Budget, shall include in their draft budgets, itemized tabulations of the remuneration proposed to be received by their public servants. These proposals shall observe the procedure for the approval of the budget of expenditures provided for in Article 74, Section IV of this Constitution and other applicable legal provisions.
Paragraph added DOF 24-08-2009
Article 76 . The Senate has exclusive powers:
I. Analyze the foreign policy developed by the Federal Executive based on the annual reports that the President of the Republic and the Secretary of the corresponding Office submit to Congress.
In addition, to approve the international treaties and diplomatic conventions that the Federal Executive subscribes, as well as its decision to terminate, denounce, suspend, modify, amend, withdraw reservations and formulate interpretative declarations on them;
Reformed fraction DOF 06-12-1977, 12-02-2007
II. Ratify the appointments made by the same official of the Secretaries of State, in the event that he/she opts for a coalition government, with the exception of the heads of the National Defence and Navy branches; the Secretary responsible for the internal control of the Federal Executive; the Secretary of Relations; the ambassadors and consuls general; of the senior employees of the branch of Relations; of the members of the collegiate bodies in charge of the regulation of telecommunications, energy, economic competition, and colonels and other senior chiefs of the Army, Navy and Air Force, under the terms provided by law;
Reformed fraction DOF 10-02-1944, 31-12-1994, 09-08-2012, 10-02-2014, 27-05-2015
III. To authorize it also to permit the departure of national troops outside the limits of the country, the passage of foreign troops through the national territory, and the stationing of squadrons of another power, for more than a month, in Mexican waters.
IV. Analyze and approve the annual report submitted by the Federal Executive on the activities of the National Guard;
Reformed fraction DOF 08-10-1974, 29-01-2016, 26-03-2019
V. To declare, when all the constitutional powers of a federal entity have disappeared, that the time has come to appoint a provisional executive power holder, who will call for elections in accordance with the constitutional laws of the federal entity. The appointment of the head of the local executive branch shall be made by the Senate upon a proposal on three names by the President of the Republic with the approval of two thirds of the members present, and during recesses, by the Permanent Commission, in accordance with the same rules. The officer thus appointed may not be elected head of the executive branch in the elections held by virtue of the call he issues. This provision shall apply whenever the constitutions of the federal entities do not provide for the case.
Reformed fraction DOF 29-01-2016
VI. To resolve political questions arising between the powers of a federative entity when any one of them appears before the Senate for that purpose, or when on the occasion of such questions the constitutional order has been interrupted, mediating a conflict of arms. In this case the Senate shall issue its resolution, subject to the General Constitution of the Republic and that of the federal entity.
Amended paragraph DOF 29-01-2016
The law shall regulate the exercise of this and the previous power.
Fraction relocated by application of the reform DOF 20-08-1928
VII. To set itself up as a sentencing jury to hear impeachment proceedings in cases of misconduct or omissions committed by public servants that are detrimental to the fundamental public interests and their good office, under the terms of Article 110 of this Constitution.
Reformed fraction DOF 28-12-1982
VIII. To appoint the Justices of the Supreme Court of Justice of the Nation, from among the list of three candidates submitted for its consideration by the President of the Republic, as well as to grant or deny its approval to the requests for leave of absence or resignation of the same, submitted to it by said official;
Reformed fraction DOF 20-08-1928, 31-12-1994
IX. Repealed.
Section added DOF 20-08-1928. Repealed DOF 28-12-1982. Added DOF 25-10-1993. Repealed DOF 29-01-2016
X. To authorize, by means of a decree approved by a two-thirds vote of the individuals present, the friendly agreements on their respective limits entered into by the federative entities;
Fraction added DOF 08-12-2005
XI. Analyze and approve the National Public Security Strategy, within the term established by law, prior appearance of the head of the Ministry of Public Security. In the event that the Senate does not pronounce itself within said term, it will be understood as approved;
Section added DOF 08-12-2005. Repealed DOF 15-10-2012. Added DOF 10-02-2014. Amended DOF 26-03-2019
XII. Appoint the commissioners of the guarantor agency established in Article 6 of this Constitution, under the terms established therein and the provisions set forth in the law; and
Section added DOF 07-02-2014
XIII. To compile the list of candidates for Attorney General of the Republic; to appoint said public servant, and to object to the removal thereof by the Federal Executive, pursuant to Article 102, Section A, of this Constitution; and
Section added DOF 10-02-2014
XIV. Any other powers conferred by the Constitution.
Section added DOF 20-08-1928. Reformed and amended DOF 08-12-2005. Revised DOF 07-02-2014, 10-02-2014.
Article 77 . Either House may, without the intervention of the other:
I. To pass economic resolutions relating to its internal rules and regulations.
II. To communicate in the co-legislating Chamber and with the Executive of the Union, through its committees.
III. To appoint the employees of its secretariat and to make the internal regulations of the same.
IV. To issue a call, within 30 days of the vacancy occurring, for extraordinary elections to be held within the following 90 days, in order to fill the vacancies of its members referred to in Article 63 of this Constitution, in the case of vacancies of deputies and senators of the Congress of the Union by the principle of relative majority, unless the vacancy occurs within the final year of the corresponding legislator's term of office.
Reformed fraction DOF 15-12-1986, 29-10-2003
Section IV
From the Standing Committee
Article 78 . During the recesses of the Congress of the Union there shall be a Permanent Commission composed of 37 members, of whom 19 shall be Deputies and 18 Senators, appointed by their respective Houses on the eve of the closing of the ordinary periods of sessions. For each incumbent, the Houses shall appoint, from among their members in office, a substitute.
The Standing Committee, in addition to the powers expressly conferred upon it by this Constitution, shall have the following powers:
I. Repealed.
Section repealed DOF 26-03-2019
II. Receive, as the case may be, the oath of office of the President of the Republic;
III. To resolve matters within its competence; to receive, during the recess of the Congress of the Union, bills, observations on bills or decrees sent by the Executive and proposals addressed to the Houses and to refer them for opinion to the committees of the House to which they are addressed, so that they may be dealt with during the next session;
Reformed fraction DOF 17-08-2011
IV. To agree, either by itself or upon proposal of the Executive, to call Congress or a single House to extraordinary sessions, in both cases the vote of two thirds of the individuals present being necessary. The call shall state the object or objects of the extraordinary sessions. When the call is to the General Congress to set itself up as an Electoral College and appoint an interim or substitute President, the approval of the call shall be by majority vote;
Reformed fraction DOF 09-08-2012
V. Repealed.
Section repealed DOF 10-02-2014
VI. To grant leave of absence for up to sixty calendar days to the President of the Republic;
Reformed fraction DOF 09-08-2012
VII. Ratify the appointments made by the President of ambassadors, consuls general, senior Treasury employees, members of the collegiate body in charge of energy regulation, colonels and other senior chiefs of the Army, Navy and Air Force, under the terms provided by law, and
Reformed fraction DOF 09-08-2012, 11-06-2013
VIII. To hear and rule on requests for leave of absence submitted to it by legislators.
Paragraph with fractions added DOF 30-07-1999
Article reformed DOF 29-12-1980, 10-08-1987
Section V
On the Superior Audit of the Federation
Section added DOF 30-07-1999
Article 79 . The Superior Audit Office of the Federation of the Chamber of Deputies shall have technical and managerial autonomy in the exercise of its powers and to decide on its internal organization, operation and resolutions, under the terms provided by law.
Amended paragraph DOF 27-05-2015
The audit function shall be exercised in accordance with the principles of legality, finality, impartiality and reliability.
Paragraph added DOF 07-05-2008. Amended DOF 27-05-2015
The Federal Superior Audit Office may begin the audit process as of the first working day of the following fiscal year, notwithstanding the fact that the observations or recommendations, if any, must refer to the final information presented in the Public Account.
Paragraph added DOF 27-05-2015
Likewise, with regard to audit planning work, the Federal Superior Audit Office may request information for the current fiscal year, with respect to concluded processes.
Paragraph added DOF 27-05-2015
The Superior Audit Office of the Federation will be in charge:
Amended paragraph DOF 27-05-2015
I. Subsequently audit revenues, expenditures and debt; the guarantees, if any, granted by the Federal Government with respect to borrowings of the States and Municipalities; the management, custody and application of funds and resources of the Powers of the Union and federal public entities, as well as conduct audits on the performance in meeting the objectives contained in federal programs, through the reports to be submitted under the terms provided by law.
Amended paragraph DOF 26-05-2015
It will also directly audit federal resources administered or exercised by the federal entities, municipalities and territorial divisions of Mexico City. Under the terms established by law, it will audit, in coordination with the local audit entities or directly, the federal participations. In the case of states and municipalities whose borrowings are guaranteed by the Federation, it will audit the destination and exercise of the corresponding resources carried out by local governments. It will also audit the federal resources allocated and exercised by any entity, individual or legal entity, public or private, and those transferred to trusts, funds and mandates, public or private, or any other legal entity, in accordance with the procedures established by law and without prejudice to the competence of other authorities and the rights of users of the financial system.
Amended paragraph DOF 26-05-2015, 27-05-2015, 29-01-2016
The audited entities referred to in the preceding paragraph shall keep accounting, asset and budgetary control and records of the federal resources transferred and allocated to them, in accordance with the criteria established by law.
The Federal Supreme Audit Office may request and review, on a case-by-case and specific basis, information from fiscal years prior to that of the Public Account under review, without this being understood, for all legal purposes, as a reopening of the Public Account of the fiscal year to which the requested information pertains, exclusively when the program, project or expenditure contained in the budget under review covers several fiscal years for its execution and payment, or in the case of reviews of compliance with the objectives of federal programs. The observations and recommendations that, respectively, the Federal Superior Audit Office issues, may only refer to the exercise of public resources of the Public Account under review.
Amended paragraph DOF 27-05-2015
Without prejudice to the provisions of the preceding paragraph, in the situations determined by the Law, derived from complaints, the Federal Supreme Audit Office, with the prior authorization of its Head, may review the audited entities during the current fiscal year, as well as with respect to previous fiscal years. The audited entities shall provide the information requested for the review, within the terms and conditions set forth in the Law and, in case of non-compliance, the penalties set forth therein shall be applicable. The Superior Audit Office of the Federation will submit a specific report to the Chamber of Deputies and, if necessary, will promote the corresponding actions before the Federal Court of Administrative Justice, the Specialized Prosecutor's Office for Combating Corruption or the competent authorities;
Amended paragraph DOF 27-05-2015
Reformed fraction DOF 07-05-2008
II. Deliver to the Chamber of Deputies, on the last working day of the months of June and October, as well as on February 20 of the year following the presentation of the Public Account, the individual audit reports concluded during the respective period. Likewise, on the latter date, deliver the General Executive Report on the Results of the Superior Audit of the Public Account, which will be submitted to the consideration of the Plenary of said Chamber. The General Executive Report and the individual reports will be of a public nature and will have the content determined by law; the latter will include at least the opinion of its review, a specific section with the observations of the Federal Supreme Audit Office, as well as the justifications and clarifications that, if applicable, the audited entities have presented on them.
For this purpose, prior to the presentation of the General Executive Report and the individual audit reports, the audited entities shall be informed of the corresponding part of the results of their review, so that they may present the corresponding justifications and clarifications, which shall be assessed by the Federal Supreme Audit Office for the preparation of the individual audit reports.
The head of the Superior Audit Office of the Federation shall send the audited entities the corresponding individual audit reports, no later than 10 working days after the respective individual audit report has been delivered to the Chamber of Deputies, which shall contain the corresponding recommendations and actions so that, within a period of up to 30 working days, they may submit the information and make the considerations they deem relevant; if they fail to do so, they shall be subject to the sanctions established by law. The foregoing shall not apply to the promotion of responsibilities before the Federal Court of Administrative Justice, which shall be subject to the procedures and terms established by Law.
The Superior Audit Office of the Federation must pronounce within 120 working days on the responses issued by the audited entities; if it fails to do so, the recommendations and actions promoted will be considered to have been addressed.
In the case of recommendations, the audited entities must specify before the Superior Audit Office of the Federation the improvements made, the actions taken or, if applicable, justify their inappropriateness.
The Superior Audit Office of the Federation shall submit to the Chamber of Deputies, on the first day of May and November of each year, a report on the status of the observations, recommendations, and actions taken, corresponding to each of the individual audit reports it has submitted under the terms of this section. In said report, which shall be public, the Audit Office shall include the amounts effectively compensated to the Federal Public Treasury or to the assets of federal public entities, as a consequence of its audit actions, the criminal complaints filed and the proceedings initiated before the Federal Court of Administrative Justice.
The Superior Audit Office of the Federation shall keep its actions and observations confidential until it submits the individual audit reports and the General Executive Report to the Chamber of Deputies referred to in this section; the Law shall establish the penalties applicable to those who violate this provision;
Fraction amended DOF 07-05-2008, 27-05-2015
III. Investigate acts or omissions that imply any irregularity or unlawful conduct in the receipt, expenditure, management, custody and application of federal funds and resources, and carry out home visits, only to demand the exhibition of books, papers or files essential for the conduct of its investigations, subject to the laws and the formalities established for searches, and
IV. Derived from its investigations, to promote the appropriate responsibilities before the Federal Court of Administrative Justice and the Special Prosecutor's Office for Combating Corruption, for the imposition of the corresponding sanctions on federal public servants and, in the case of the second paragraph of section I of this article, on public servants of the states, municipalities, the Federal District and its territorial divisions, and individuals.
Fraction amended DOF 07-05-2008, 27-05-2015
The Chamber of Deputies shall appoint the head of the Superior Audit Office of the Federation by a two-thirds vote of its members present. The law shall determine the procedure for his or her appointment. Said head shall serve for a term of eight years and may be reappointed only once. He or she may be removed, exclusively, for the serious causes indicated by law, with the same vote required for his or her appointment, or for the causes and in accordance with the procedures provided for in Title Four of this Constitution.
Amended paragraph DOF 27-05-2015
To be the head of the Superior Audit Office of the Federation, in addition to the requirements established in sections I, II, IV, V and VI of Article 95 of this Constitution, it is necessary to meet those established by law. During his or her term of office, he or she may not be a member of any political party, nor hold any other job, position, or commission, except for unpaid positions in scientific, educational, artistic, or charitable associations.
Amended paragraph DOF 27-05-2015
The Powers of the Union, the federal entities and the other audited entities shall provide the assistance required by the Federal Superior Audit Office for the exercise of its functions and, if they fail to do so, they shall be subject to the penalties established by law. Likewise, federal and local public servants, as well as any entity, individual or legal entity, public or private, trust, mandate or fund, or any other legal entity that receives or exercises federal public resources, shall provide the information and documentation requested by the Federal Supreme Audit Office, in accordance with the procedures established by law and without prejudice to the competence of other authorities and the rights of users of the financial system. In case of failure to provide the information, those responsible will be sanctioned in the terms established by law.
Amended paragraph DOF 07-05-2008, 27-05-2015
The Federal Executive Branch shall apply the administrative enforcement procedure for the collection of the indemnities and pecuniary sanctions referred to in section IV of this Article.
Article amended DOF 24-11-1923, 20-08-1928, 29-04-1933, 21-10-1966, 06-07-1971, 08-10-1974, 08-02-1985, 10-08-1987, 25-10-1993, 31-12-1994, 30-07-1999
Chapter III
On the Executive Branch
Articles 80 to 93
Article 80 . The exercise of the Supreme Executive Power of the Union is deposited in a single individual, who shall be called "President of the United Mexican States."
Original article DOF 05-02-1917
Article 81 . The election of the President shall be direct and under the terms established by the electoral law. The office of President of the United Mexican States may be revoked under the terms established in this Constitution.
Article amended DOF 20-12-2019
Article 82 . To be President is required:
I. Be a Mexican citizen by birth, in full enjoyment of his or her rights, the son or daughter of a Mexican father or mother and have resided in the country for at least twenty years.
Reformed fraction DOF 01-07-1994
II. Be 35 years of age at the time of election;
III. To have resided in the country for the entire year prior to the day of the election. Absence from the country for up to thirty days does not interrupt residence.
Reformed fraction DOF 20-08-1993
IV. Not belong to the ecclesiastical state or be a minister of any cult.
V. Not to be in active service, in case of belonging to the Army, six months before the day of the election.
Reformed fraction DOF 08-01-1943
VI. Not to be Secretary or Undersecretary of State, Attorney General of the Republic, or head of the executive branch of any federal entity, unless he/she leaves his/her post six months prior to the day of the election; and
Reformed fraction DOF 08-01-1943, 08-10-1974, 19-06-2007, 10-02-2014, 29-01-2016
VII. Not to be included in any of the causes of incapacity established in Article 83.
Article amended DOF 22-01-1927
Article 83 . The President shall enter into office on October 1st and shall remain in office for six years. A citizen who has held the office of President of the Republic, whether popularly elected, or as an interim or substitute, or who has provisionally assumed the office of the Federal Executive, may in no case and for no reason return to that office.
Article amended DOF 22-01-1927, 24-01-1928, 29-04-1933, 09-08-2012, 10-02-2014
Article 84 . In case of absolute absence of the President of the Republic, while the Congress appoints an interim or substitute President, which shall occur within a term not exceeding sixty days, the Secretary of the Interior shall provisionally assume the Executive Power. In this case, the provisions of sections II, III and VI of Article 82 of this Constitution shall not be applicable.
Whoever provisionally occupies the Presidency may not remove or appoint the Secretaries of State without prior authorization from the Chamber of Senators. Likewise, he/she shall submit a report on his/her work to the Congress of the Union within a period of no more than ten days, counted from the moment his/her term of office ends.
Amended paragraph DOF 10-02-2014
When the absolute absence of the President occurs during the first two years of the respective period, if the Congress of the Union is in session and at least two thirds of the total number of members of each House are present, it shall immediately constitute itself into an Electoral College and shall appoint by secret ballot and by an absolute majority of votes, an interim President, under the terms provided by the Law of Congress. The same Congress shall issue, within ten days following said appointment, the call for the election of the President who is to conclude the respective period, with a period of not less than seven months and not more than nine months between the date of the call and the date set for the election day. The thus elected shall begin his term of office and shall be sworn in before Congress seven days after the conclusion of the electoral process.
If Congress is not in session, the Permanent Commission shall immediately summon it to extraordinary sessions so that it may constitute itself into an Electoral College, appoint an interim president and issue the call for presidential elections under the terms of the preceding paragraph.
When the absolute absence of the President occurs in the last four years of the respective period, if the Congress of the Union is in session, it shall appoint a substitute President who shall complete the term , following, as appropriate, the same procedure as in the case of the Acting President.
If the Congress is not in session, the Permanent Commission shall immediately convene it to extraordinary sessions so that it may constitute itself into an Electoral College and appoint a substitute President following, as appropriate, the same procedure as in the case of the Acting President.
In the event that the mandate of the President of the Republic has been revoked, the President of the Congress shall provisionally assume the office of the Executive Power; within thirty days thereafter, the Congress shall appoint the person who will complete the constitutional term. During that period, the provisions of the first, second, fifth and sixth paragraphs shall apply.
Paragraph added DOF 20-12-2019
Article amended DOF 24-11-1923, 29-04-1933, 09-08-2012
Article 85 . If before the beginning of a constitutional period the election has not been held or declared valid, the President whose term has expired shall cease to be President, and the President appointed by Congress shall be interim President, under the terms of the preceding article.
Amended paragraph DOF 13-11-2007, 09-08-2012
If at the beginning of the constitutional period there is an absolute absence of the President of the Republic, the President of the Chamber of Senators shall provisionally assume the office until the Congress appoints the interim President, in accordance with the preceding article.
Amended paragraph DOF 09-08-2012
When the President requests a leave of absence from office for up to sixty calendar days, once authorized by Congress, the Secretary of the Interior shall provisionally assume the office of the Executive Branch.
Amended paragraph DOF 09-08-2012
If the temporary misconduct becomes an absolute misconduct, the procedure shall be as provided for in the preceding article.
Erratum to the article DOF 06-02-1917. Article amended DOF 29-04-1933
Article 86 . The office of President of the Republic may be resigned only for serious cause, which shall be determined by the Congress of the Union, to which the resignation shall be submitted.
Original article DOF 05-02-1917
Article 87 . The President, upon taking office, shall take the following oath before the Congress of the Union or before the Permanent Commission, during its recesses: "I protest to keep and uphold the Political Constitution of the United Mexican States and the laws that emanate from it, and to perform loyally and patriotically the office of President of the Republic that the people have conferred upon me, looking in all things for the good and prosperity of the Union; and if I do not do so, the Nation may demand it of me".
If for any circumstance the President is unable to take the oath under the terms of the preceding paragraph, he shall do so immediately before the Presiding Officers of the Houses of the Congress of the Union.
Paragraph added DOF 09-08-2012
In the event that the President is unable to take the oath before the Congress of the Union, before the Permanent Commission or before the Boards of the Chambers of the Congress of the Union, he shall immediately take the oath before the President of the Supreme Court of Justice of the Nation.
Paragraph added DOF 09-08-2012
Article 88 . The President of the Republic may be absent from the national territory for up to seven days, previously informing the Chamber of Senators or the Permanent Commission, as the case may be, of the reasons for the absence, as well as the results of the steps taken. In absences longer than seven days, permission from the Chamber of Senators or the Permanent Commission shall be required.
Reformed article DOF 21-10-1966, 29-08-2008
Article 89 . The powers and duties of the President are as follows:
Amended paragraph DOF 10-08-1987, 25-10-1993, 12-02-2007
I. Promulgate and execute the laws issued by the Congress of the Union, providing in the administrative sphere for their exact observance.
II. To freely appoint and remove the Secretaries of State, to remove ambassadors, consuls general and senior Treasury employees, and to freely appoint and remove the other employees of the Union, whose appointment or removal is not otherwise determined by the Constitution or the laws;
The Secretaries of State and the senior employees of the Treasury and of Relations shall take office on the day of their appointment. When they are not ratified under the terms of this Constitution, they shall cease to hold office.
Paragraph added DOF 10-02-2014
In the case of ratification of the Secretaries of Relations and of Finance, when a coalition government is not chosen, if the respective House does not ratify the appointment of the same Secretary of State on two occasions, the person appointed by the President of the Republic shall occupy the post;
Paragraph added DOF 10-02-2014
Section amended DOF 08-10-1974, 10-08-1987, 25-10-1993, 31-12-1994, 09-08-2012
III. To appoint, with the Senate's approval, ambassadors, consuls general, senior Treasury employees and members of the collegiate bodies in charge of regulating telecommunications, energy and economic competition;
Reformed fraction DOF 09-08-2012
IV. Appoint, with the approval of the Senate, the Colonels and other senior officers of the Army, Navy and Air Force;
Section amended DOF 10-02-1944, 09-08-2012
V. Appoint other officers of the Army, Navy and Air Force, in accordance with the law.
Reformed fraction DOF 10-02-1944
VI. To preserve national security, under the terms of the respective law, and to use the entire permanent Armed Force, that is, the Army, the Navy and the Air Force for the internal security and external defence of the Federation.
Reformed fraction DOF 10-02-1944, 05-04-2004
VII. To dispose of the National Guard under the terms established by law;
Reformed fraction DOF 26-03-2019
VIII. To declare war in the name of the United Mexican States, prior law of the Congress of the Union.
IX. To intervene in the appointment of the Attorney General of the Republic and to remove him or her, in terms of the provisions of Article 102, Section A, of this Constitution;
Section repealed DOF 21-10-1966. Added DOF 31-12-1994. Amended DOF 10-02-2014
X. To conduct foreign policy and enter into international treaties, as well as to terminate, denounce, suspend, modify, amend, withdraw reservations and formulate interpretative declarations on them, submitting them to the Senate for approval. In conducting such policy, the head of the Executive Branch shall observe the following normative principles: the self-determination of peoples; non-intervention; the peaceful settlement of disputes; the proscription of the threat or use of force in international relations; the legal equality of States; international cooperation for development; the respect, protection and promotion of human rights; and the struggle for international peace and security;
Reformed fraction DOF 11-05-1988, 12-02-2007, 10-06-2011
XI. To summon the Congress to extraordinary sessions, when so agreed by the Permanent Commission.
Reformed fraction DOF 24-11-1923
XII. To provide the Judicial Branch with the assistance it needs for the expeditious exercise of its functions.
XIII. To open all kinds of ports, establish maritime and frontier customs, and designate their location.
XIV. To grant, in accordance with the law, pardons to prisoners sentenced for crimes under the jurisdiction of the federal courts;
Reformed fraction DOF 08-10-1974, 29-01-2016
XV. To grant exclusive privileges for a limited time, in accordance with the respective law, to discoverers, inventors or improvers of any branch of industry.
XVI. When the Chamber of Senators is not in session, the President of the Republic may make the appointments referred to in sections III, IV and IX, with the approval of the Permanent Commission;
Reformed fraction DOF 21-10-1966, 31-12-1994
XVII. At any time, opt for a coalition government with one or more of the political parties represented in the Congress of the Union.
The coalition government shall be regulated by the respective agreement and program, which must be approved by a majority of the members of the Chamber of Senators present. The agreement shall establish the causes for the dissolution of the coalition government.
Section amended DOF 20-08-1928, 08-10-1974, 10-08-1987. Repealed DOF 25-10-1993. Added DOF 10-02-2014
XVIII. To submit for consideration of the Senate the list of three candidates for the appointment of Justices of the Supreme Court of Justice and to submit their licenses and resignations to the Senate for its approval;
Section added DOF 20-08-1928. Reformed DOF 31-12-1994
XIX. To object to the appointments of the commissioners of the guarantor body established in Article 6 of this Constitution made by the Senate of the Republic, under the terms established in this Constitution and the law;
Section added DOF 20-08-1928. Repealed DOF 28-12-1982. Added DOF 07-02-2014
XX. Any other powers expressly conferred by this Constitution.
Fraction added DOF 20-08-1928
Article 90 . The Federal Public Administration shall be centralized and parastatal in accordance with the Organic Law issued by Congress, which shall distribute the business of the administrative order of the Federation that shall be the responsibility of the Secretaries of State and shall define the general bases for the creation of parastatal entities and the intervention of the Federal Executive in their operation.
The (sic DOF 02-08-2007) laws will determine the relations between the parastatal entities and the Federal Executive, or between these and the Secretaries of State.
The function of Legal Advisor to the Government will be in charge of the Federal Executive agency that, for such purpose, is established by law.
Paragraph added DOF 10-02-2014
The Federal Executive shall represent the Federation in matters to which it is a party, through the agency in charge of the function of Legal Advisor to the Government or the Ministries of State, under the terms established by law.
Paragraph added DOF 10-02-2014
Reformed article DOF 21-04-1981, 02-08-2007
Article 91 . To be Secretary of the Office it is required: to be a Mexican citizen by birth, to be in exercise of his rights and to be thirty years old.
Original article DOF 05-02-1917
Article 92 . All regulations, decrees, agreements and orders of the President must be signed by the Secretary of State to whom the matter pertains, and without this requirement they shall not be obeyed.
Reformed article DOF 21-04-1981, 02-08-2007
Article 93 : The Secretaries of the Office, as soon as the period of ordinary sessions is open, shall report to Congress on the state of their respective branches.
Amended paragraph DOF 02-08-2007
Any of the Houses may summon the Secretaries of State, the directors and administrators of parastatal entities, as well as the heads of autonomous bodies, to report under oath, when a law is being discussed or a business concerning their respective branches or activities is being studied, or to respond to interpellations or questions.
Paragraph reformed DOF 31-12-1994, 02-08-2007, 15-08-2008, 10-02-2014
The Chambers, at the request of a quarter of their members, in the case of Deputies, and of half, in the case of Senators, have the power to set up commissions to investigate the operation of such decentralized agencies and majority state-owned companies. The results of the investigations will be made known to the Federal Executive.
Paragraph added DOF 06-12-1977
The Chambers may request information or documentation from the heads of federal government agencies and entities, by means of a written question, which must be answered within 15 calendar days of its receipt.
Paragraph added DOF 15-08-2008
The exercise of these powers shall be in accordance with the Act of Congress and its regulations.
Paragraph added DOF 15-08-2008
Article reformed DOF 31-01-1974
Chapter IV
On the Judicial Branch
Articles 94 to 107
Article 94 . The exercise of the Judicial Power of the Federation is vested in a Supreme Court of Justice, in an Electoral Tribunal, in Regional Plenary Courts, in Collegiate Circuit Courts, in Collegiate Courts of Appeal and in District Courts.
Amended paragraph DOF 31-12-1994, 22-08-1996, 11-06-1999, 11-03-2021
The administration, oversight and discipline of the Federal Judiciary, with the exception of the Supreme Court of Justice of the Nation, shall be the responsibility of the Council of the Federal Judiciary under the terms established by law in accordance with the provisions of this Constitution.
Paragraph added DOF 11-06-1999
The Supreme Court of Justice of the Nation will be composed of eleven members, Ministers and Justices, and will function in Plenary or in Chambers.
Amended paragraph DOF 31-12-1994, 06-06-2019
Under the terms established by law, the sessions of the Plenary and of the Chambers shall be public, and by exception shall be secret in cases where morals or the public interest so require.
The jurisdiction of the Supreme Court, its functioning in Plenary and Chambers, the jurisdiction of the Regional Plenary, of the Circuit Courts, of the District Courts and of the Electoral Tribunal, as well as the responsibilities incurred by the public servants of the Judicial Branch of the Federation, shall be governed by the provisions of the laws and the corresponding general agreements, in accordance with the bases established by this Constitution.
Amended paragraph DOF 22-08-1996, 11-03-2021
The Federal Judiciary Council will determine the number, division into circuits, territorial jurisdiction and specialization by subject matter, including broadcasting, telecommunications and economic competition, of the Collegiate Circuit Courts, Collegiate Courts of Appeal and District Courts.
Amended paragraph DOF 31-12-1994, 11-06-2013, 11-03-2021
Likewise, by means of general agreements, they shall establish Regional Plenums, which shall exercise jurisdiction over the circuits determined by the agreements themselves. The laws will establish their composition and operation.
Paragraph added DOF 06-06-2011. Amended DOF 11-03-2021
The law will establish the form and procedures through open competitions for the integration of jurisdictional bodies, observing the principle of gender parity.
Paragraph added DOF 06-06-2019
The Plenary of the Supreme Court of Justice shall be empowered to issue general agreements, in order to achieve an adequate distribution among the Chambers of the matters that fall within the jurisdiction of the Court, as well as to refer matters to the Regional Plenaries and to the Collegiate Circuit Courts, in order to expedite their dispatch. Such agreements shall take effect after they are published.
Amended paragraph DOF 31-12-1994, 11-06-1999, 06-06-2011, 11-03-2021
Amparo proceedings, constitutional controversies and actions of unconstitutionality will be processed and resolved as a priority when one of the Chambers of Congress, through its president, or the Federal Executive, through the government's legal adviser, justifies the urgency in terms of the social interest or public order, under the terms of the provisions of the regulatory laws.
Paragraph added DOF 06-06-2011
The law shall establish the terms under which the jurisprudence established by the Courts of the Judiciary of the Federation on the interpretation of the Constitution and general rules is mandatory, as well as the requirements for its interruption.
Amended paragraph DOF 06-06-2011, 11-03-2021
The reasons that justify the decisions contained in the judgments issued by the Plenary of the Supreme Court of Justice of the Nation by a majority of eight votes, and by the Chambers, by a majority of four votes, shall be binding for all jurisdictional authorities of the Federation and of the federal entities.
Paragraph added DOF 11-03-2021
The remuneration received for their services by the Ministers of the Supreme Court, Circuit Magistrates, District Judges and Councillors of the Federal Judicature, as well as Electoral Magistrates, may not be reduced during their term of office.
Paragraph reformed DOF 31-12-1994, 22-08-1996
The Justices of the Supreme Court of Justice shall serve for fifteen years, may only be removed from office under the terms of Title Four of this Constitution and, upon expiration of their term, shall be entitled to a retirement bonus.
Amended paragraph DOF 31-12-1994, 06-06-2011
No person who has been a Minister may be appointed for a further term, unless he or she has held office on a temporary or interim basis.
Paragraph added DOF 31-12-1994. Amended DOF 06-06-2011
Article amended DOF 20-08-1928, 15-12-1934, 21-09-1944, 19-02-1951. Erratum DOF 14-03-1951. Amended DOF 25-10-1967, 28-12-1982, 10-08-1987.
Article 95 . To be elected minister of the Supreme Court of Justice of the Nation, it is necessary:
Amended paragraph DOF 02-08-2007
I. Be a Mexican citizen by birth, in full exercise of his or her political and civil rights.
II. Be at least thirty-five years of age on the day of appointment;
Reformed fraction DOF 15-12-1934, 31-12-1994
III. Possess on the day of the appointment, with at least ten years of seniority, a professional law degree, issued by an authority or institution legally empowered to do so;
Reformed fraction DOF 15-12-1934, 31-12-1994
IV. Have a good reputation and not have been convicted of a crime punishable by more than one year's imprisonment; but if it involves theft, fraud, forgery, breach of trust or any other offense that seriously damages the good reputation in the public mind, he shall be disqualified for the office, regardless of the penalty.
V. To have resided in the country for two years prior to the date of appointment; and
Section amended DOF 12/31/1994
VI. Not to have been Secretary of State, Attorney General of the Republic, senator, federal deputy, or head of the executive branch of any federal entity during the year prior to the day of appointment.
Section added DOF 31-12-1994. Reformed DOF 02-08-2007, 10-02-2014, 29-01-2016
The appointments of Ministers shall preferably be made from among those persons who have served with efficiency, ability and probity in the administration of justice or who have distinguished themselves by their honorability, competence and professional background in the exercise of legal activity.
Paragraph added DOF 12/31/1994
Article 96 . To appoint the Justices of the Supreme Court of Justice, the President of the Republic shall submit a list of three candidates for consideration by the Senate, which, after hearing the persons proposed, shall appoint the Justice to fill the vacancy. The appointment shall be made by a two-thirds vote of the members of the Senate present, within a non-extendable period of thirty days. If the Senate does not decide within that period, the Minister shall be the person designated by the President of the Republic from among the list of three persons to fill the vacancy.
In the event that the Chamber of Senators rejects the entire proposed list of three candidates, the President of the Republic shall submit a new one, under the terms of the preceding paragraph. If this second slate is rejected, the person designated by the President of the Republic from among said slate shall occupy the position.
Reformed article DOF 20-08-1928, 31-12-1994
Article 97 . Circuit Magistrates and District Judges shall be appointed and assigned by the Council of the Federal Judiciary, based on objective criteria and in accordance with the requirements and procedures established by the applicable provisions. They shall hold office for six years, at the end of which, if they are ratified, they may only be removed from their posts in the cases and in accordance with the procedures established by law.
Amended paragraph DOF 11-03-2021
The entry, training and tenure of Circuit Magistrates, District Judges and other personnel in the judicial career of the Federal Judicial Branch will be subject to the regulations established in the applicable provisions.
Paragraph added DOF 11-03-2021
The Supreme Court of Justice of the Nation may request the Council of the Federal Judiciary to investigate the conduct of a federal judge or magistrate.
Amended paragraph DOF 10-06-2011
The Supreme Court of Justice shall appoint and remove its clerks, secretaries, and other officials and employees. The appointment and removal of the officers, officials, and employees of the Circuit Courts and District Courts shall be carried out in accordance with the provisions of the applicable provisions.
Amended paragraph DOF 11-03-2021
Every four years, the Plenary will elect from among its members the President of the Supreme Court of Justice of the Nation, who may not be reelected for the following period.
Each Justice of the Supreme Court of Justice, upon entering upon his or her term of office, shall protest before the Senate in the following manner:
President: "Do you promise to perform loyally and patriotically the office of Minister of the Supreme Court of Justice of the Nation that has been conferred upon you and to keep and uphold the Political Constitution of the United Mexican States and the laws that emanate from it, looking in all things for the good and prosperity of the Union?"
Minister: "I do protest".
President: "If you do not do so, the Nation will demand it of you".
Circuit Magistrates and District Judges shall protest before the Supreme Court of Justice and the Council of the Federal Judiciary.
Reformed paragraph DOF 11-06-1999
Reform DOF 13-11-2007: Repealed the then third paragraph of the article.
Article reformed DOF 20-08-1928, 11-09-1940, 19-02-1951, 06-12-1977, 28-12-1982, 10-08-1987, 31-12-1994
Article 98 . When the absence of a Minister exceeds one month, the President of the Republic shall submit the appointment of an acting Minister to the Senate for approval, in accordance with the provisions of article 96 of this Constitution.
If a Minister is absent due to death or any cause of definitive separation, the President shall submit a new appointment to the Senate for approval, under the terms of Article 96 of this Constitution.
The resignations of the Justices of the Supreme Court of Justice shall only proceed for serious causes; they shall be submitted to the Executive and, if the Executive accepts them, it shall send them to the Senate for approval.
Paragraph added DOF 22-08-1996
The licenses of the Ministers, when they do not exceed one month, may be granted by the Supreme Court of Justice of the Nation; those that exceed this time may be granted by the President of the Republic with the approval of the Senate. No leave of absence may exceed a term of two years.
Paragraph added DOF 22-08-1996
Article amended DOF 20-08-1928, 19-02-1951. Erratum to the article DOF 14-03-1951. Amended DOF 25-10-1967, 31-12-1994.
Article 99 . The Electoral Tribunal shall be, with the exception of the provisions of section II of Article 105 of this Constitution, the highest jurisdictional authority in the matter and a specialized body of the Judiciary of the Federation.
For the exercise of its attributions, the Tribunal will operate permanently with a Superior Chamber and regional chambers; its resolution sessions will be public, under the terms determined by law. It shall have the legal and administrative personnel necessary for its proper functioning.
The Superior Chamber shall be composed of seven Electoral Magistrates. The President of the Tribunal shall be elected by the Superior Chamber, from among its members, to serve for four years.
The Electoral Tribunal is responsible for resolving in a final and unassailable manner, under the terms of this Constitution and as provided by law, on:
I. Challenges in federal elections of deputies and senators;
II. Challenges filed regarding the election of the President of the United Mexican States, which will be resolved in sole instance by the Superior Chamber.
The Superior and Regional Chambers of the Tribunal may only declare the nullity of an election on the grounds expressly established by law.
The Superior Chamber shall make the final tally of the election of the President of the United Mexican States, once the challenges that may have been filed thereon have been resolved, proceeding to formulate, as the case may be, the declaration of validity of the election and that of President-Elect with respect to the candidate who obtained the highest number of votes.
III. Challenges to acts and resolutions of the federal electoral authority, other than those indicated in the two previous sections, which violate constitutional or legal norms, as well as in matters of revocation of mandate;
Reformed fraction DOF 20-12-2019
IV. Challenges to final and firm acts or resolutions of the competent authorities of the federative entities to organize and qualify the elections or resolve disputes arising during the same, which may be decisive for the development of the respective process or the final result of the elections. This remedy shall proceed only when the requested reparation is materially and legally possible within the electoral deadlines and is feasible before the date constitutionally or legally fixed for the installation of the bodies or the inauguration of the elected officials;
V. Challenges to acts and resolutions that violate the political-electoral rights of citizens to vote, to be voted for, and to freely and peacefully take part in the political affairs of the country, under the terms set forth in this Constitution and the law. In order for a citizen to be able to resort to the jurisdiction of the Court for violations of his or her rights by the political party with which he or she is affiliated, he or she must have previously exhausted the instances of conflict resolution provided for in its internal rules; the law shall establish the applicable rules and deadlines;
VI. Labor disputes or differences between the Tribunal and its employees;
VII. Labor disputes or differences between the National Electoral Institute and its employees;
Reformed fraction DOF 10-02-2014
VIII. The determination and imposition of sanctions by the National Electoral Institute on political parties or groups or individuals or corporations, national or foreign, that violate the provisions of this Constitution and the laws;
Reformed fraction DOF 10-02-2014
IX. The matters that the National Electoral Institute submits to its knowledge for violations of the provisions of Base III of Article 41 and paragraph eight of Article 134 of this Constitution; to the rules on political and electoral propaganda, as well as for the realization of anticipated acts of pre-campaign or campaign, and impose the appropriate sanctions, and
Section added DOF 10-02-2014
X. Any other duties established by law.
Fraction moved DOF 10-02-2014
The chambers of the Electoral Tribunal shall make use of the necessary means of constraint to enforce expeditiously its judgments and resolutions, under the terms established by law.
Without prejudice to the provisions of Article 105 of this Constitution, the chambers of the Electoral Tribunal may rule on the non-application of laws on electoral matters contrary to this Constitution. The resolutions issued in the exercise of this power shall be limited to the specific case on which the trial is based. In such cases the Superior Chamber shall inform the Supreme Court of Justice of the Nation.
When a chamber of the Electoral Tribunal sustains a criterion on the unconstitutionality of any act or resolution or on the interpretation of a precept of this Constitution, and such criterion may be contradictory to one sustained by the chambers or the Plenary of the Supreme Court of Justice, any of the Ministers, the chambers or the parties, may denounce the contradiction in the terms indicated by law, so that the Plenary of the Supreme Court of Justice of the Nation may definitively decide which criterion should prevail. The resolutions issued in this case shall not affect matters already resolved.
Amended paragraph DOF 11-03-2021
The organization of the Court, the jurisdiction of the chambers, the procedures for the resolution of matters within its jurisdiction, as well as the mechanisms for establishing binding jurisprudential criteria in the matter, shall be those determined by this Constitution and the laws.
The Superior Chamber may, ex officio, at the request of a party or of any of the regional chambers, attract the trials before them; likewise, it may send the matters within its jurisdiction to the regional chambers for their knowledge and resolution. The law shall establish the rules and procedures for the exercise of such powers.
The administration, oversight and discipline of the Electoral Tribunal shall correspond, under the terms established by law, to a Commission of the Council of the Federal Judiciary, which shall be composed of the President of the Electoral Tribunal, who shall preside over it; an Electoral Magistrate of the Superior Chamber designated by inscription; and three members of the Council of the Federal Judiciary. The Tribunal shall propose its budget to the President of the Supreme Court of Justice of the Nation for its inclusion in the proposed budget of the Judicial Branch of the Federation. Likewise, the Court will issue its Internal Rules of Procedure and general agreements for its proper functioning.
The Electoral Magistrates that make up the Superior and regional chambers shall be elected by a two-thirds vote of the members of the Senate present at the proposal of the Supreme Court of Justice of the Nation. The election of their members shall be staggered, in accordance with the rules and procedure established by law.
The Electoral Magistrates that comprise the Superior Chamber shall satisfy the requirements established by law, which may not be less than those required to be a Minister of the Supreme Court of Justice of the Nation, and shall serve for a term of nine non-extendable years. Resignations, absences and licenses of the Electoral Magistrates of the Superior Chamber shall be processed, covered and granted by said Chamber, as appropriate, under the terms of Article 98 of this Constitution.
The Electoral Magistrates that make up the regional chambers shall meet the requirements established by law, which may not be less than those required to be a Magistrate of a Collegiate Circuit Court. They shall hold office for nine non-extendable years, unless they are promoted to higher positions.
In the event of a permanent vacancy, a new judge shall be appointed for the remainder of the term of the original appointment.
The personnel of the Tribunal will govern their work relations in accordance with the provisions applicable to the Federal Judicial Branch and the special rules and exceptions established by law. Admission, training, tenure and other aspects inherent to public servants who belong to the judicial career service shall be subject to the regulations established in the applicable legal provisions.
Amended paragraph DOF 11-03-2021
Article amended DOF 20-08-1928, 31-12-1994, 22-08-1996, 27-09-2007, 13-11-2007
Article 100 . The Council of the Federal Judiciary shall be a body of the Federal Judiciary with technical and managerial independence and independence to issue its resolutions.
Reformed paragraph DOF 11-06-1999
The Council shall be composed of seven members, one of whom shall be the President of the Supreme Court of Justice, who shall also be the President of the Council; three Councilors appointed by the Plenary of the Court, by a majority of at least eight votes, from among the Circuit Magistrates and District Judges; two Councilors appointed by the Senate, and one by the President of the Republic.
Reformed paragraph DOF 11-06-1999
All Councilors must meet the requirements set forth in Article 95 of this Constitution and be persons who have distinguished themselves for their professional and administrative capacity, honesty and honorability in the exercise of their activities; in the case of those appointed by the Supreme Court, they must also enjoy recognition in the judicial sphere.
Paragraph added DOF 11-06-1999
The Council shall function in plenary or in commissions. The Plenary shall decide on the appointment, assignment, ratification and removal of magistrates and judges, as well as other matters determined by law.
Amended paragraph DOF 11-06-1999
Except for the Chairman of the Board, the other Directors shall serve for a term of five years, shall be replaced on a staggered basis, and may not be appointed for a new term.
The Councillors do not represent the person who appoints them, and therefore they shall exercise their function with independence and impartiality. During their term of office, they may only be removed under the terms of Title Four of this Constitution.
Reformed paragraph DOF 11-06-1999
The law will establish the bases for the training and updating of civil servants, as well as for the development of the judicial career, which will be governed by the principles of excellence, objectivity, impartiality, professionalism, independence and gender parity. The Federal Judiciary Council will have a Federal Judicial Training School responsible for implementing the processes of education, training and updating of judicial and administrative staff of the Federal Judiciary and its auxiliary bodies, as well as conducting competitive examinations for access to the various categories of the judicial career in terms of the applicable provisions.
Amended paragraph DOF 11-03-2021
The public defender service in federal matters will be provided by the Federal Judiciary Council through the Federal Institute of Public Defence, under the terms established by the applicable provisions. The Federal Judicial Training School will be responsible for training public defenders and holding competitive examinations.
Paragraph added DOF 11-03-2021
In accordance with the provisions of the law, the Council shall be empowered to issue general agreements for the proper exercise of its functions. The Supreme Court of Justice may request the Council to issue such general agreements as it deems necessary to ensure the proper exercise of the federal jurisdictional function. The Plenary of the Court may also review and, as the case may be, revoke those approved by the Council, by a majority of at least eight votes. The law will establish the terms and procedures for the exercise of these powers.
Reformed paragraph DOF 11-06-1999
The decisions of the Council shall be final and unassailable and, therefore, no trial or appeal may be brought against them, except for those that refer to the assignment, ratification and removal of magistrates, judges and justices, which may be reviewed by the Supreme Court of Justice, solely to verify that they have been adopted in accordance with the rules established by this Constitution and the law.
Amended paragraph DOF 11-06-1999, 11-03-2021
No appeal may be lodged against the appointment of magistrates and judges, but the results of competitive examinations may be challenged before the Plenary of the Federal Judiciary Council.
Paragraph added DOF 11-03-2021
The Council of the Federal Judiciary may concentrate cases involving serious human rights violations in one or more jurisdictional bodies. The decision on the appropriateness of the concentration shall be taken on the basis of the social interest and public order, which shall constitute an exception to the rules of turn and competence.
Paragraph added DOF 11-03-2021
The Supreme Court of Justice shall prepare its own budget and the Council shall do so for the rest of the Judicial Branch of the Federation, without prejudice to the provisions of the seventh paragraph of Article 99 of this Constitution. The budgets thus prepared shall be submitted by the President of the Supreme Court for inclusion in the draft federal budget. The administration of the Supreme Court of Justice shall correspond to its President.
Amended paragraph DOF 11-06-1999
Article amended DOF 20-08-1928, 25-10-1967, 03-09-1993, 31-12-1994
Article 101 . The Ministers of the Supreme Court of Justice, the Circuit Magistrates, the District Judges, the respective secretaries, and the Councillors of the Federal Judiciary, as well as the Magistrates of the Superior Chamber of the Electoral Tribunal, may not, in any case, accept or perform any employment or duties of the Federation, of the federal entities or of private individuals, except for unpaid positions in scientific, teaching, literary or charitable associations.
Amended paragraph DOF 22-08-1996, 29-01-2016
Persons who have held the position of Minister of the Supreme Court of Justice, Circuit Magistrate, District Judge or Counselor of the Federal Judiciary, as well as Magistrate of the Superior Chamber of the Electoral Tribunal, may not, within two years following the date of their retirement, act as patrons, attorneys or representatives in any proceedings before the bodies of the Federal Judiciary.
Amended paragraph DOF 22-08-1996
During this period, persons who have served as Ministers, unless they have done so on a provisional or interim basis, may not hold the positions referred to in section VI of Article 95 of this Constitution.
The impediments of this article shall apply to judicial officers on leave of absence.
Infringement of the provisions of the preceding paragraphs shall be punishable by the loss of the respective position within the Federal Judiciary, as well as of the benefits and perquisites that thereafter correspond to the same, regardless of the other penalties provided for by law.
Article reformed DOF 10-08-1987, 31-12-1994
Article 102 .
A. The Federal Public Prosecutor's Office will be organized into an Office of the Attorney General of the Republic as an autonomous public body, endowed with legal personality and its own assets.
Amended paragraph DOF 29-01-2016
To be Attorney General of the Republic, a person must: be a Mexican citizen by birth; be at least thirty-five years of age on the day of appointment; have at least ten years of professional experience with a law degree; have a good reputation; and not have been convicted of an intentional crime.
The Attorney General shall serve for a term of nine years, and shall be appointed and removed in accordance with the following:
I. After the definitive absence of the Attorney General, the Senate of the Republic will have twenty days to compile a list of at least ten candidates for the position, approved by two thirds of the members present, which it will send to the Federal Executive.
If the Executive does not receive the list within the aforementioned period, it shall freely send the Senate a list of three candidates and shall provisionally appoint the Attorney General, who shall exercise his functions until the final appointment is made in accordance with the provisions of this article. In this case, the designated Attorney General may form part of the short list.
II. Once the list referred to in the preceding paragraph has been received, within the following ten days the Executive shall draw up a list of three candidates and send it to the Senate for its consideration.
III. The Senate, on the basis of the shortlist and after the proposed persons have appeared before it, shall appoint the Attorney General by a two-thirds vote of the members present within a period of ten days.
In the event that the Executive does not send the list of three candidates referred to in the preceding subsection, the Senate shall have ten days to appoint the Attorney General from among the candidates on the list referred to in subsection I.
If the Senate does not make the appointment within the time limits established in the preceding paragraphs, the Executive shall appoint the Attorney General from among the candidates on the list or, as the case may be, the respective shortlist.
IV. The Attorney General may be removed by the Federal Executive for serious causes established by law. The removal may be objected to by the vote of the majority of the members of the Senate present within a period of ten working days, in which case the Attorney General shall be reinstated in the exercise of his or her functions. If the Senate does not rule on the matter, it shall be understood that there is no objection.
V. During recesses of the Senate, the Standing Committee shall immediately convene a special session of the Senate for the purpose of appointing or objecting to the removal of the Attorney General.
VI. Absences of the Attorney General shall be filled in accordance with the terms determined by law.
The Federal Public Prosecutor's Office is responsible for prosecuting all federal crimes before the courts; it will request precautionary measures against the accused; it will seek and present evidence that proves their participation in acts that the laws establish as crimes; it will ensure that federal criminal trials are conducted with all regularity so that justice is administered promptly and expeditiously; it will request the application of penalties and will intervene in all matters that the law determines.
Amended paragraph DOF 29-01-2016
The Attorney General's Office will have, at least, specialized prosecutors for electoral crimes and the fight against corruption, whose heads will be appointed and removed by the Attorney General of the Republic. The appointment and removal of the aforementioned specialized prosecutors may be objected to by the Senate of the Republic by a vote of two thirds of the members present, within the term established by law; if the Senate does not make a decision within this term, it shall be understood that it has no objection.
The law will establish the basis for the training and updating of public servants in the Public Prosecutor's Office, as well as for the development of their professional careers, which will be governed by the principles of legality, objectivity, efficiency, professionalism, honesty and respect for human rights.
The Attorney General shall present an annual report of activities to the Legislative and Executive Branches of the Union. He or she shall appear before either House when summoned to render accounts or to report on his or her performance.
The Attorney General of the Republic and his agents shall be responsible for any misconduct, omission or violation of the law incurred by them in the performance of their duties.
Amended paragraph DOF 28-01-1992, 31-12-1994, 10-02-2014
B. The Congress of the Union and the legislatures of the federal entities, within the scope of their respective competences, shall establish bodies for the protection of human rights protected by the Mexican legal system, which shall hear complaints against acts or omissions of an administrative nature committed by any authority or public servant, with the exception of those of the Federal Judiciary, that violate these rights.
The bodies referred to in the preceding paragraph shall formulate public, non-binding recommendations, denunciations and complaints to the respective authorities. All public servants are obliged to respond to the recommendations submitted to them by these bodies. When the recommendations issued are not accepted or complied with by the authorities or public servants, they must give reasons for their refusal and make their refusal public; in addition, the Chamber of Senators, or in its recesses the Permanent Commission, or the legislatures of the federal entities, as appropriate, may, at the request of these bodies, summon the authorities or public servants responsible to appear before those legislative bodies, in order to explain the reason for their refusal.
Amended paragraph DOF 10-06-2011
These bodies shall not have jurisdiction in electoral and jurisdictional matters.
Amended paragraph DOF 10-06-2011
The body established by the Congress of the Union shall be called the National Human Rights Commission; it shall have managerial and budgetary autonomy, legal personality and its own assets.
The constitutions of the federative entities shall establish and guarantee the autonomy of the bodies for the protection of human rights.
Paragraph added DOF 10-06-2011. Amended DOF 29-01-2016
The National Human Rights Commission will have an Advisory Council composed of ten councilors who will be elected by a two-thirds vote of the members of the Chamber of Senators present or, in its recesses, by the Permanent Commission of the Congress of the Union, with the same qualified vote. The law shall determine the procedures to be followed for the presentation of the proposals by the House itself. The two longest-serving directors shall be replaced annually, unless they are proposed and ratified for a second term.
The President of the National Human Rights Commission, who shall also be the President of the Advisory Council, shall be elected under the same terms as in the preceding paragraph. He shall serve for a term of five years, may be re-elected only once and may only be removed from office under the terms of Title Four of this Constitution.
The election of the head of the presidency of the National Human Rights Commission, as well as of the members of the Consultative Council and of the heads of the human rights protection bodies of the federal entities, will be subject to a public consultation procedure, which must be transparent, under the terms and conditions determined by law.
Paragraph added DOF 10-06-2011
The President of the National Human Rights Commission shall present an annual report on his activities to the Powers of the Union. For this purpose, he shall appear before the Chambers of Congress under the terms established by law.
The National Human Rights Commission will hear complaints submitted in relation to the recommendations, agreements or omissions of the equivalent bodies in the federative entities.
The National Human Rights Commission may investigate facts that constitute serious human rights violations, when it deems it appropriate or when so requested by the Federal Executive, any of the Chambers of the Congress of the Union, the heads of the executive branches of the federal entities or their legislatures.
Paragraph added DOF 10-06-2011. Amended DOF 29-01-2016
Paragraph B added DOF 28-01-1992. Amended DOF 13-09-1999
Article reformed DOF 11-09-1940, 25-10-1967
Article 103 . The Courts of the Federation shall settle any dispute arising from
I. For general norms, acts or omissions of the authority that violate recognized human rights and the guarantees granted for their protection by this Constitution, as well as by the international treaties to which the Mexican State is a party;
II. For general norms or acts of the federal authority that violate or restrict the sovereignty of the States or the autonomy of Mexico City, and
Reformed fraction DOF 29-01-2016
III. For general norms or acts of the authorities of the federative entities that invade the sphere of competence of the federal authority.
Reformed fraction DOF 29-01-2016
Article reformed DOF 31-12-1994, 06-06-2011
Article 104 . The Courts of the Federation shall hear:
I. Proceedings relating to federal offences;
II. All disputes of a civil or commercial nature arising from the enforcement and application of federal laws or international treaties entered into by the Mexican State. At the choice of the plaintiff and when only private interests are affected, the judges and courts of the ordinary courts may hear them.
The judgments of first instance may be appealed to the immediate superior of the judge hearing the case in the first degree;
III. Review appeals filed against final decisions of the courts of administrative justice referred to in Section XXIX-H of Article 73 of this Constitution, only in the cases specified by law. The reviews, which shall be heard by the Collegiate Circuit Courts, shall be subject to the procedures that the law regulating Articles 103 and 107 of this Constitution establishes for review in indirect amparo, and no trial or appeal shall proceed against the decisions issued by the Collegiate Circuit Courts;
Fraction amended DOF 27-05-2015, 29-01-2016
IV. All disputes concerning maritime law;
V. Of those to which the Federation is a party;
VI. Controversies and actions referred to in Article 105, which shall be exclusively heard by the Supreme Court of Justice of the Nation;
VII. Of those arising between a federative entity and one or more neighbors of another, and
Reformed fraction DOF 29-01-2016
VIII. Cases concerning members of the Diplomatic and Consular Corps.
Article amended DOF 18-01-1934, 30-12-1946, 25-10-1967, 08-10-1974, 10-08-1987, 25-10-1993, 31-12-1994, 06-06-2011
Article 105 . The Supreme Court of Justice of the Nation shall hear, under the terms set forth in the regulatory law, the following matters:
I. Constitutional disputes on the constitutionality of general rules, acts or omissions, with the exception of those referring to electoral matters, arising between:
Amended paragraph DOF 08-12-2005, 15-10-2012, 11-03-2021
a) The Federation and a federative entity;
Reformed clause DOF 29-01-2016
b) The Federation and a municipality;
c) The Executive Branch and the Congress of the Union; the former and any of the Houses of the latter or, as the case may be, the Permanent Commission;
Reformed clause DOF 29-01-2016
d) One federative entity and another;
Reformed clause DOF 29-01-2016
e) Repealed.
Subsection repealed DOF 29-01-2016
f) Repealed.
Subsection repealed DOF 29-01-2016
g) Two municipalities from different States;
h) Two branches of government of the same federal entity;
Reformed clause DOF 29-01-2016, 11-03-2021
i) A State and one of its Municipalities;
Subsection reformed DOF 11-03-2021
j) A Federal Entity and a Municipality of another or a territorial demarcation of Mexico City;
Reformed clause DOF 11-06-2013, 29-01-2016, 11-03-2021
k) Two autonomous constitutional bodies of a federative entity, and between one of these and the executive branch or the legislative branch of that federative entity, and
Section amended DOF 11-06-2013. Repealed DOF 29-01-2016. Added DOF 11-03-2021
l) Two federal autonomous constitutional bodies, and between one of these and the Executive Branch of the Union or the Congress of the Union.
Subsection added DOF 11-06-2013. Amended DOF 07-02-2014, 11-03-2021.
Whenever the disputes concern general provisions of the federal entities, of the municipalities or of the territorial divisions of Mexico City challenged by the Federation; of the Municipalities or of the territorial divisions of Mexico City challenged by the federal entities, or in the cases referred to in paragraphs c), h), k) and l) above, and the resolution of the Supreme Court of Justice of the Nation declares them invalid, such resolution shall have general effects when it has been approved by a majority of at least eight votes.
Amended paragraph DOF 29-01-2016, 11-03-2021
In other cases, the decisions of the Supreme Court shall have effect only with respect to the parties to the dispute.
In the disputes provided for in this section, only violations of this Constitution, as well as of the human rights recognized in the international treaties to which the Mexican State is a party, may be asserted.
Paragraph added DOF 11-03-2021
II. Actions of unconstitutionality whose purpose is to raise the possible contradiction between a rule of a general nature and this Constitution.
Amended paragraph DOF 22-08-1996
Actions of unconstitutionality may be brought, within thirty calendar days following the date of publication of the rule, by:
a) The equivalent of thirty-three percent of the members of the Chamber of Deputies of the Congress of the Union, against federal laws;
Reformed clause DOF 29-01-2016
b) The equivalent of thirty-three percent of the members of the Senate, against federal laws or international treaties entered into by the Mexican State;
Reformed clause DOF 29-01-2016
c) The Federal Executive, through the Government Legal Advisor, against general norms of a federal nature and of the federal entities;
Section amended DOF 10-02-2014
d) The equivalent of thirty-three percent of the members of any of the Legislatures of the federative entities against the laws issued by the body itself;
Reformed clause DOF 22-08-1996, 29-01-2016
e) Repealed.
Section amended DOF 22-08-1996. Repealed DOF 29-01-2016
f) Political parties registered with the National Electoral Institute, through their national leadership, against federal or local electoral laws; and political parties registered in a federative entity, through their leadership, exclusively against electoral laws issued by the Legislature of the federative entity that granted them registration;
Subsection added DOF 22-08-1996. Amended DOF 10-02-2014, 29-01-2016.
g) The National Human Rights Commission, against laws of a federal or state nature, as well as international treaties concluded by the Federal Executive and approved by the Senate of the Republic, which violate the human rights enshrined in this Constitution and in the international treaties to which Mexico is a party. Likewise, the equivalent bodies for the protection of human rights in the federative entities, against laws issued by the Legislatures;
Subsection added DOF 14-09-2006. Amended DOF 10-06-2011, 29-01-2016.
h) The guarantor agency established in Article 6 of this Constitution against federal and local laws, as well as international treaties entered into by the Federal Executive and approved by the Senate of the Republic, which violate the right of access to public information and the protection of personal data. Likewise, the equivalent guarantor agencies in the federal entities, against laws issued by the local Legislatures; and
Subsection added DOF 07-02-2014. Amended DOF 29-01-2016
i) The Attorney General of the Republic with respect to federal laws and those of the federal entities, in criminal and criminal procedure matters, as well as those related to the scope of his functions;
Subsection added DOF 10-02-2014
The only way to raise the non-conformity of the electoral laws to the Constitution is the one provided for in this article.
Paragraph added DOF 22-08-1996
The federal and local electoral laws must be enacted and published at least ninety days before the beginning of the electoral process in which they are to be applied, and during the same there may be no fundamental legal modifications.
Paragraph added DOF 22-08-1996
The resolutions of the Supreme Court of Justice may only declare the invalidity of the challenged norms, provided that they are approved by a majority of at least eight votes.
III. On its own initiative or at the substantiated request of the corresponding Collegiate Court of Appeal or of the Federal Executive, through the Government Legal Adviser, as well as the Attorney-General of the Republic in matters involving the Public Prosecutor's Office, it may hear appeals against judgements of the District Courts handed down in proceedings in which the Federation is a party and which, because of their interest and importance, so merit.
Reformed fraction DOF 10-02-2014, 11-03-2021
The declaration of invalidity of the decisions referred to in sections I and II of this Article shall not have retroactive effect, except in criminal matters, in which the general principles and legal provisions applicable to such matters shall apply.
In the event of non-compliance with the resolutions referred to in sections I and II of this article, the procedures established in the first two paragraphs of section XVI of article 107 of this Constitution shall be applied as appropriate.
Article reformed DOF 25-10-1967, 25-10-1993, 31-12-1994
Article 106 . It is the responsibility of the Federal Judiciary, under the terms of the respective law, to settle disputes which, by reason of jurisdiction, arise between the courts of the Federation, between them and the courts of the federative entities or between the courts of one federative entity and another.
Article reformed DOF 07-04-1986, 31-12-1994, 29-01-2016
Article 107 . The disputes referred to in article 103 of this Constitution, with the exception of those in electoral matters, shall be subject to the procedures determined by the regulatory law, in accordance with the following bases:
Amended paragraph DOF 25-10-1993, 06-06-2011
I. Amparo proceedings shall always be brought at the request of the aggrieved party, who shall be deemed to be the holder of a right or of a legitimate individual or collective interest, provided that he alleges that the act complained of violates the rights recognized by this Constitution and thereby affects his legal sphere, either directly or by virtue of his special situation vis-à-vis the legal order.
In the case of acts or resolutions originating from judicial, administrative or labor courts, the complainant must allege that he or she is the holder of a subjective right that is personally and directly affected;
Reformed fraction DOF 06-06-2011
II. Judgments handed down in amparo proceedings shall deal only with the complainants who have requested them, and shall be limited to protecting them and, if appropriate, to protecting them in the special case on which the complaint is based.
When in the indirect amparo review trials the unconstitutionality of a general rule is resolved, the Supreme Court of Justice of the Nation will inform the corresponding issuing authority.
Amended paragraph DOF 11-03-2021
When the Collegiate Circuit Courts establish jurisprudence by reiteration, or the Supreme Court of Justice of the Nation by precedent, in which the unconstitutionality of a general rule is determined, its President shall notify the issuing authority. Once the period of 90 calendar days has elapsed without the problem of unconstitutionality being overcome, the Supreme Court of Justice of the Nation will issue, provided that it is approved by a majority of at least eight votes, the general declaration of unconstitutionality, in which its scope and conditions will be established under the terms of the regulatory law.
Amended paragraph DOF 11-03-2021
The provisions of the two preceding paragraphs shall not apply to general tax rules.
In the amparo proceeding, the deficiency of the concepts of violation or grievances must be remedied in accordance with the provisions of the regulatory law.
Where claims are made for acts that have or may have the effect of depriving ejidos or population nuclei that in fact or by law have communal status, or ejidatarios or communal owners, of ownership or possession and enjoyment of their lands, waters, pastures and mountains, all evidence that may benefit the aforementioned entities or individuals shall be gathered ex officio, and any proceedings deemed necessary to clarify their agrarian rights, as well as the nature and effects of the acts complained of, shall be agreed upon.
In the trials referred to in the preceding paragraph, neither dismissal due to procedural inactivity nor forfeiture of the instance shall proceed to the detriment of the ejido or communal nuclei, or of the ejidatarios or communal co-owners, but both may be decreed in their benefit. When claiming acts that affect the collective rights of the nucleus, neither the abandonment nor the express consent of the acts themselves will proceed, unless the first is agreed upon by the General Assembly or the second emanates from it;
Section amended DOF 02-11-1962, 25-10-1967, 20-03-1974, 07-04-1986, 06-06-2011
III. When acts of judicial, administrative or labor courts are being challenged, the amparo shall only proceed in the following cases:
a) Against final judgments, awards and resolutions that put an end to the trial, whether the violation is committed therein or, committed during the proceeding, affects the defenses of the plaintiff and transcends the result of the judgment. In relation to the amparo referred to in this subsection and Section V of this Article, the Collegiate Circuit Court shall decide on all the procedural violations that were asserted and those that, when appropriate, it finds in substitution of the complaint, and shall establish the precise terms in which the new decision must be rendered. If the procedural violations were not invoked in a first amparo, nor did the corresponding Collegiate Court assert them ex officio in the cases in which the substitution of the complaint is appropriate, they may not be the subject of a concept of violation, nor of an informal study in a subsequent amparo trial.
The party that has obtained a favorable judgment and the party that has a legal interest in the continuance of the challenged act may file an amparo in adhesive form to the one filed by any of the parties that intervened in the trial from which the challenged act emanates. The law shall determine the form and terms in which it must be filed.
In order for the proceeding to proceed, the ordinary remedies established in the law of the matter must be previously exhausted, by virtue of which those final judgments, awards and resolutions may be modified or revoked, except in the case in which the law permits the waiver of the remedies.
When claiming the final judgment, award, or resolution that ends the trial, violations of the laws of procedure must be asserted, provided that the complainant has challenged them during the processing of the trial through the remedy or means of defense that, as the case may be, the respective ordinary law indicates. This requirement shall not be enforceable in amparos against acts that affect the rights of minors or disabled persons, the civil status, or the order or stability of the family, nor in those of a criminal nature brought by the convicted person;
Reformed clause DOF 10-08-1987, 06-06-2011
b) Against acts in a trial whose execution is impossible to repair, out of court or after the trial has concluded, once the appropriate remedies have been exhausted, and
c) Against acts affecting persons who are strangers to the trial;
Reformed fraction DOF 25-10-1967
IV. In administrative matters, amparo may also be granted against acts or omissions that come from authorities other than the judicial, administrative, or labor courts, and that cause an injury that cannot be repaired by any means of legal defense. It will be necessary to exhaust these means of defense whenever, in accordance with the same laws, the effects of such acts are suspended ex officio or through the filing of the suit, appeal, or means of legal defense that the aggrieved party asserts, with the same scope as those provided for in the regulatory law and without demanding greater requirements than those that the same law establishes for granting a definitive suspension, or a longer period than that established for the granting of a provisional suspension, regardless of whether or not the act in itself is susceptible of being suspended in accordance with the said law.
There is no obligation to exhaust such remedies or means of defense if the challenged act lacks grounds or when only direct violations of this Constitution are alleged;
Erratum to section DOF 14-03-1951. Section amended DOF 25-10-1967, 06-06-2011.
V. The amparo against final judgments, awards or resolutions that put an end to the trial shall be filed before the competent Collegiate Circuit Court in accordance with the law, in the following cases:
Amended paragraph DOF 10-08-1987, 06-06-2011
a) In criminal matters, against final decisions issued by judicial courts, whether federal, common or military.
b) In administrative matters, when final judgments and resolutions that put an end to the trial dictated by administrative or judicial tribunals, not reparable by any recourse, trial or ordinary means of legal defense, are claimed by individuals;
Reformed clause DOF 10-08-1987
c) In civil matters, when claiming final judgments issued in federal trials or in commercial trials, whether the authority issuing the judgment is federal or local, or in common law trials.
In federal civil suits, judgments may be challenged in amparo by any of the parties, including the Federation, in defense of its economic interests, and
d) In labor matters, when claiming resolutions or final judgments that end the trial issued by local or federal labor courts or awards of the Federal Court of Conciliation and Arbitration of Workers in the Service of the State and their counterparts in the federal entities;
Reformed clause DOF 24-02-2017
The Supreme Court of Justice, on its own motion or at the substantiated request of the corresponding Collegiate Circuit Court, of the Attorney General of the Republic, in matters in which the Federal Public Prosecutor's Office is a party, or of the Federal Executive, through the Government Legal Advisor, may hear direct appeals that, due to their interest and importance, so merit.
Paragraph added DOF 10-08-1987. Amended DOF 31-12-1994, 10-02-2014.
Reformed fraction DOF 25-10-1967, 06-08-1979
VI. In the cases referred to in the preceding section, the regulatory law shall establish the procedure and the terms to which the Collegiate Circuit Courts and, if applicable, the Supreme Court of Justice of the Nation must submit in order to issue their rulings;
Fraction amended DOF 25-10-1967, 06-08-1979, 10-08-1987, 06-06-2011
VII. The amparo against acts or omissions in trial, out of trial or after the trial has concluded, or that affect persons outside the trial, against general rules or against acts or omissions of an administrative authority, shall be filed before the District Judge under whose jurisdiction is located the place in which the challenged act is executed or attempts to be executed, and its processing will be limited to the report of the authority, to a hearing for which will be summoned in the same order in which the report is requested and the evidence that the interested parties offer will be received and the arguments will be heard, and the judgment will be pronounced at the same hearing;
Erratum to section DOF 14-03-1951. Section amended DOF 25-10-1967, 06-06-2011.
VIII. Judgments handed down in amparo proceedings by District Judges or Collegiate Courts of Appeal may be reviewed. It shall be heard by the Supreme Court of Justice:
Amended paragraph DOF 31-12-1994, 11-03-2021
a ) When, having challenged in the application for amparo general rules on the grounds that they directly violate this Constitution, the problem of constitutionality remains in the appeal.
Reformed clause DOF 25-10-1993, 06-06-2011
b) In cases covered by article 103, sections II and III, of this Constitution.
The Supreme Court of Justice, on its own motion or at the substantiated request of the corresponding Collegiate Circuit Court, of the Attorney General of the Republic, in matters in which the Federal Public Prosecutor's Office is a party, or of the Federal Executive, through the Government Legal Advisor, may hear amparos on review that, due to their interest and importance, so merit it.
Amended paragraph DOF 31-12-1994, 10-02-2014
In cases not provided for in the preceding paragraphs, the review shall be heard by the collegiate circuit courts and their rulings shall not admit of any appeal;
Erratum to section DOF 14-03-1951. Section amended DOF 25-10-1967, 08-10-1974, 10-08-1987.
IX. In matters of direct amparo, an appeal for review may be filed against judgments that rule on the constitutionality of general norms, establish the direct interpretation of a precept of this Constitution, or omit to rule on such questions when they have been raised, provided that in the opinion of the Supreme Court of Justice of the Nation the matter is of exceptional interest in constitutional or human rights matters. The subject matter of the appeal shall be limited to the decision of strictly constitutional questions, without being able to include others. No appeal may be lodged against the order dismissing the appeal;
Reformed fraction DOF 25-10-1967, 10-08-1987, 11-06-1999, 06-06-2011, 11-03-2021
X. The challenged acts may be subject to suspension in the cases and under the conditions determined by the regulatory law, for which the amparo court, when the nature of the act so permits, shall conduct a weighted analysis of the appearance of good law and social interest.
Such suspension shall be granted with respect to final judgments in criminal matters when the amparo is filed, and in civil, commercial and administrative matters, by means of a guarantee given by the plaintiff to cover the damages that such suspension may cause to the interested third party. The suspension shall be without effect if the latter gives counter-guarantee to ensure the restoration of things to the state they would have been in if the amparo were granted and to pay the consequent damages;
Erratum to section DOF 14-03-1951. Section amended DOF 25-10-1967, 06-06-2011.
XI. The direct amparo petition shall be filed before the responsible authority, which shall decide on the suspension. In all other cases, the complaint shall be filed before the District Courts or the Collegiate Courts of Appeal, which shall rule on the suspension, or before the courts of the federal entities in the cases authorized by law;
Reformed fraction DOF 25-10-1967, 10-08-1987, 31-12-1994, 06-06-2011, 29-01-2016, 11-03-2021
XII. Violations of the guarantees of Articles 16, in criminal matters, 19 and 20 shall be brought before the superior of the court that committed the violation, or before the District Court or Collegiate Court of Appeal that corresponds, and in either case the resolutions that are pronounced may be appealed, under the terms prescribed in section VIII.
If the District Court or the Collegiate Court of Appeals does not reside in the same place where the responsible authority resides, the law shall determine the court or tribunal before which the writ of amparo is to be filed, which may provisionally suspend the challenged act, in the cases and under the terms established by the same law.
Erratum to section DOF 14-03-1951. Section amended DOF 25-10-1967, 31-12-1994, 11-03-2021.
XIII. When the Collegiate Circuit Courts of the same region sustain contradictory criteria in amparo proceedings within their jurisdiction, the Attorney General of the Republic, in criminal and criminal procedural matters, as well as those related to the scope of their functions, the aforementioned courts and their members, the District Judges, the parties in the cases that gave rise to them or the Federal Executive, through the Government Legal Adviser, may denounce the contradiction before the corresponding Regional Plenary, so that it may decide which criterion should prevail as a precedent.
When the Regional Plenums sustain contradictory criteria when resolving contradictions or matters within their competence, as the case may be, the Justices of the Supreme Court of Justice of the Nation, the Regional Plenums themselves, as well as the bodies referred to in the preceding paragraph may denounce the contradiction before the Supreme Court of Justice, so that the Plenum or the respective Chamber may decide which criterion shall prevail.
When the Chambers of the Supreme Court of Justice of the Nation sustain contradictory criteria in amparo proceedings before them, the justices, the Collegiate Circuit Courts and their members, the District Judges, the Attorney General of the Republic, in criminal and criminal procedural matters, as well as those related to the scope of their functions, the Federal Executive, through the Government's Legal Counsel, or the parties in the cases that motivated them, may denounce the contradiction before the Plenary of the Supreme Court, As well as those related to the scope of their functions, the Federal Executive, through the Government Legal Advisor, or the parties in the cases that gave rise to them, may report the contradiction to the Plenary of the Supreme Court, in accordance with the regulatory law, so that it may resolve the contradiction.
The resolutions pronounced by the Plenary or the Chambers of the Supreme Court of Justice as well as the Regional Plenary according to the preceding paragraphs, will only have the effect of establishing the jurisprudence and will not affect the concrete legal situations derived from the judgments issued in the trials in which the contradiction had occurred;
Erratum to section DOF 14-03-1951. Amended DOF 25-10-1967, 31-12-1994, 06-06-2011, 10-02-2014, 11-03-2021.
XIV . Repealed;
Section amended DOF 25-10-1967, 17-02-1975. Repealed DOF 06-06-2011
XV. The Attorney General of the Republic or the Agent of the Federal Public Prosecutor's Office designated for this purpose shall be a party in all amparo proceedings in which the challenged act arises from criminal proceedings and those determined by law;
Reformed fraction DOF 10-02-2014
XVI. If the authority fails to comply with the judgment that granted the amparo, but such failure is justified, the Supreme Court of Justice of the Nation, in accordance with the procedure provided by the regulatory law, shall grant a reasonable term to proceed with its compliance, a term that may be extended at the request of the authority. When it is unjustified or when the term has elapsed without having been complied with, it shall proceed to remove the head of the responsible authority from his or her post and to consign him or her to the District Judge. The same measures shall be taken with respect to the hierarchical superior of the responsible authority if he/she has incurred in responsibility, as well as of the holders who, having previously occupied the position of the responsible authority, have failed to comply with the ruling.
If the amparo is granted and the challenged act is repeated, the Supreme Court of Justice of the Nation, in accordance with the procedure established by the regulatory law, will proceed to remove the head of the responsible authority from his or her position, and will inform the Federal Public Prosecutor's Office, unless he or she has not acted maliciously and has rendered the repeated act ineffective before the resolution of the Supreme Court of Justice of the Nation is issued.
Substitute compliance with amparo judgments may be requested by the plaintiff or ordered ex officio by the court that issued the amparo judgment, when the execution of the judgment affects society in greater proportion to the benefits that the plaintiff could obtain or when, due to the circumstances of the case, it is impossible or disproportionately burdensome to restore the situation that prevailed prior to the violation. The effect of the motion shall be that the judgment shall be deemed to have been complied with by payment of damages to the plaintiff. The parties to the suit may agree to substitute compliance by means of an agreement sanctioned before the court itself.
Amended paragraph DOF 11-03-2021
No amparo proceeding may be filed without the judgment granting constitutional protection having been complied with;
Reformed fraction DOF 31-12-1994, 06-06-2011
XVII. The responsible authority who disobeys a suspension order or who, in the face of such a measure, admits in bad faith or negligence a bond or counter bond that is illusory or insufficient, shall be criminally sanctioned;
Reformed fraction DOF 06-06-2011
XVIII. Repealed.
Section repealed DOF 03-09-1993
Article reformed DOF 19-02-1951
Title Four
On the Responsibilities of Public Servants, Individuals Linked to Serious Administrative Offenses or Acts of Corruption, and State Property.
Articles 108 to 114
Title Title title amended DOF 28-12-1982, 14-06-2002, 27-05-2015
Article 108 . For the purposes of the responsibilities referred to in this Title, popularly elected representatives, members of the Judiciary of the Federation, officials and employees and, in general, any person who holds a job, position or commission of any nature in the Congress of the Union or in the Federal Public Administration, as well as public servants of the agencies granted autonomy by this Constitution, who shall be responsible for the acts or omissions they incur in the performance of their respective functions, shall be considered public servants.
Amended paragraph DOF 22-08-1996, 13-11-2007, 29-01-2016
During his term of office, the President of the Republic may be charged and tried for treason, acts of corruption, electoral crimes and all those crimes for which any citizen could be prosecuted.
Amended paragraph DOF 19-02-2021
The executives of the federal entities, the deputies to the local legislatures, the magistrates of the local superior courts of justice, if applicable, the members of the councils of the local judiciaries, the members of the city councils and mayors' offices, the members of the bodies granted autonomy by the local constitutions, as well as other local public servants, shall be responsible for violations of this Constitution and federal laws, as well as for the improper handling and application of federal funds and resources.
Paragraph amended DOF 31-12-1994. Erratum DOF 03-01-1995. Amended DOF 07-02-2014, 17-06-2014, 29-01-2016.
The constitutions of the federal entities shall specify, under the same terms of the first paragraph of this article and for the purposes of their responsibilities, the character of public servants of those who hold jobs, positions, or commissions in the federal entities, municipalities, and territorial divisions of Mexico City. Such public servants will be responsible for the improper handling of public resources and public debt.
Amended paragraph DOF 26-05-2015, 29-01-2016
The public servants referred to in this Article shall be obliged to submit, under oath, their declaration of assets and interests to the competent authorities and under the terms determined by law.
Paragraph added DOF 27-05-2015
Article amended DOF 28-12-1982
Article 109 . Public servants and individuals who incur liability to the State shall be punished in accordance with the following:
I. The penalties indicated in Article 110 shall be imposed, through impeachment, on the public servants indicated in the same provision, when in the exercise of their functions they commit acts or omissions that are detrimental to the fundamental public interests or to their good office.
Impeachment for the mere expression of ideas does not proceed.
II. The commission of crimes by any public servant or private individuals who engage in acts of corruption will be punished under the terms of the applicable criminal legislation.
The laws shall determine the cases and circumstances in which public servants who, during their term of office or for reasons related thereto, by themselves or through an intermediary, increase their assets, acquire property, or act as owners of such property, the lawful origin of which they cannot justify, shall be criminally punished for illicit enrichment. The criminal laws shall provide for the confiscation and deprivation of ownership of such property, in addition to any other penalties that may apply;
III. Administrative sanctions shall be applied to public servants for acts or omissions that affect the legality, honesty, loyalty, impartiality and efficiency that they must observe in the performance of their jobs, positions or commissions. Such sanctions shall consist of reprimand, suspension, dismissal and disqualification, as well as economic sanctions, and shall be established in accordance with the economic benefits, if any, obtained by the responsible party and with the economic damages caused by the acts or omissions. The law shall establish the procedures for the investigation and punishment of such acts or omissions.
Serious administrative offenses will be investigated and investigated by the Superior Audit Office of the Federation and the internal control bodies, or by their counterparts in the federal entities, as appropriate, and will be resolved by the competent Administrative Justice Court. Other administrative offenses and sanctions will be heard and resolved by the internal control bodies.
For the investigation, substantiation and punishment of the administrative responsibilities of the members of the Federal Judicial Branch, the provisions of Article 94 of this Constitution will be observed, without prejudice to the powers of the Federal Superior Audit Office in the area of auditing the management, custody and application of public resources.
The law shall establish the assumptions and procedures for challenging the classification of administrative offenses as non-serious by the internal oversight bodies.
Federal public entities will have internal control bodies with the powers determined by law to prevent, correct and investigate acts or omissions that could constitute administrative responsibilities; to sanction those other than those that fall under the jurisdiction of the Federal Court of Administrative Justice; to review the receipt, expenditure, management, custody and application of federal public resources and federal participations; and to file complaints for acts or omissions that could constitute a crime before the Specialized Prosecutor's Office for Combating Corruption referred to in this Constitution.
State and municipal public entities, as well as those of the Federal District and its territorial divisions, shall have internal control bodies, which shall have, within their local jurisdiction, the powers referred to in the preceding paragraph, and
IV. The courts of administrative justice will impose on individuals who intervene in acts related to serious administrative offenses, regardless of other types of liability, economic sanctions; disqualification from participating in acquisitions, leases, services or public works; as well as compensation for damages caused to the Treasury or to federal, local or municipal public entities. Legal entities will be sanctioned under the terms of this section when the acts related to serious administrative offenses are carried out by individuals acting on behalf or in representation of the legal entity and for its benefit. The suspension of activities, dissolution or intervention of the respective company may also be ordered in the case of serious administrative offenses that cause damage to the Public Treasury or to federal, local or municipal public entities, provided that the company obtains an economic benefit and the participation of its administrative or supervisory bodies or its partners is accredited, or in those cases where it is found that the company is used systematically to be linked to serious administrative offenses; in these cases the sanction will be executed until the resolution is final. The laws will establish the procedures for the investigation and imposition of the applicable sanctions for such acts or omissions.
The procedures for the application of the sanctions mentioned in the previous sections shall be developed autonomously. Sanctions of the same nature may not be imposed twice for the same conduct.
Any citizen, under his or her strictest responsibility and upon presentation of evidence, may file a complaint with the Chamber of Deputies of the Congress of the Union regarding the conduct referred to in this article.
In the performance of their duties, the bodies responsible for the investigation and punishment of administrative responsibilities and acts of corruption shall not be subject to the provisions aimed at protecting the secrecy of information on tax matters or information related to deposit operations, administration, savings and investment of monetary resources. The law will establish the procedures for such information to be delivered to them.
The Office of the Auditor General of the Federation and the Secretariat of the Federal Executive responsible for internal control may appeal the decisions of the Office of the Special Prosecutor for Combating Corruption and of the Federal Court of Administrative Justice, in accordance with the provisions of Articles 20, Section C, subsection VII, and 104, subsection III, of this Constitution, respectively.
The liability of the State for damages that, as a result of its irregular administrative activity, it causes to the property or rights of private parties, shall be objective and direct. Private parties shall have the right to compensation in accordance with the bases, limits, and procedures established by law.
Article reformed DOF 28-12-1982, 27-05-2015
Article 110 . The following may be subject to impeachment: senators and deputies to the Congress of the Union, ministers of the Supreme Court of Justice of the Nation, counselors of the Federal Judiciary, secretaries of the Office, the Attorney General of the Republic, circuit magistrates and district judges, the President counselor, the electoral counselors and the executive secretary of the National Electoral Institute, the magistrates of the Electoral Tribunal, the members of the autonomous constitutional bodies, the general directors and their equivalents of decentralized agencies, companies with majority state participation, corporations and associations assimilated to these and public trusts.
Amended paragraph DOF 10-08-1987, 31-12-1994, 22-08-1996, 02-08-2007, 07-02-2014, 10-02-2014, 29-01-2016
The executives of the federal entities, local Deputies, Magistrates of the Local Superior Courts of Justice, as the case may be, the members of the Councils of the Local Judiciaries, as well as the members of the bodies granted autonomy by the Local Constitutions, may only be subject to impeachment under the terms of this Title for serious violations of this Constitution and the federal laws that emanate from it, as well as for improper handling of federal funds and resources, but in this case the resolution shall only be declaratory and shall be communicated to the local legislatures so that, in the exercise of their powers, they may proceed accordingly.
Amended paragraph DOF 31-12-1994, 07-02-2014, 29-01-2016
The sanctions shall consist of the dismissal of the public servant and his or her disqualification to perform functions, jobs, positions or commissions of any nature in the public service.
For the application of the penalties referred to in this provision, the Chamber of Deputies shall proceed with the respective accusation before the Chamber of Senators, following a declaration by an absolute majority of the number of members present in session of that Chamber, after having substantiated the respective procedure and with a hearing of the accused.
Upon hearing the accusation, the Chamber of Senators, sitting as a sentencing Jury, shall impose the corresponding punishment by a resolution of two thirds of the members present in session, once the corresponding proceedings have been carried out and the accused has been heard.
The declarations and resolutions of the Chambers of Deputies and Senators are unassailable.
Article amended DOF 28-12-1982
Article 111 . In order to criminally proceed against the deputies and senators to the Congress of the Union, the ministers of the Supreme Court of Justice of the Nation, the magistrates of the Superior Chamber of the Electoral Tribunal, the counselors of the Federal Judiciary, the secretaries of the Office, the Attorney General of the Republic, as well as the President and the electoral counselors of the General Council of the National Electoral Institute, for committing crimes during their term of office, as well as the President and the electoral counselors of the General Council of the National Electoral Institute, for the commission of crimes during their term of office, the Chamber of Deputies shall declare by an absolute majority of its members present in session, whether or not it is necessary to proceed against the accused.
Amended paragraph DOF 10-08-1987, 31-12-1994, 22-08-1996, 02-08-2007, 07-02-2014, 10-02-2014, 29-01-2016
If the Chamber's decision is negative, all further proceedings shall be suspended, but this shall not prevent the indictment for the commission of the offence from continuing when the accused has completed his term of office, since it does not prejudge the merits of the indictment.
If the Chamber declares that it is necessary to proceed, the subject will be placed at the disposal of the competent authorities for action in accordance with the law.
In order to proceed criminally against the President of the Republic, it shall only be necessary to accuse him before the Chamber of Senators under the terms of Article 110. In this case, the Chamber of Senators shall decide on the basis of the applicable criminal legislation.
Amended paragraph DOF 19-02-2021
In order to bring criminal proceedings for federal offences against the executives of the federal entities, local deputies, magistrates of the High Courts of Justice of the federal entities, members of the Councils of Local Judiciaries and members of the bodies granted autonomy by the local constitutions, the same procedure established in this article will be followed, but in this case, the declaration of procedural law will be for the purpose of communicating it to the local legislatures, so that in exercise of their powers they may proceed as appropriate.
Amended paragraph DOF 31-12-1994, 07-02-2014, 29-01-2016
The declarations and resolutions of the (sic DOF 28-12-1982) Chambers of Deputies (sic DOF 28-12-1982) Senators are unassailable.
The effect of the declaration that proceedings against the accused person are warranted shall be to remove him or her from office while he or she is subject to criminal proceedings. If the proceedings result in an acquittal, the accused may resume his or her duties. If the conviction results in a conviction and the offence was committed during his or her term of office, the accused shall not be granted a pardon.
In civil lawsuits brought against any public servant, a declaration of proceeding shall not be required.
Criminal penalties shall be applied in accordance with the provisions of criminal law, and in the case of offences whose commission results in the perpetrator obtaining a financial benefit or causing damage or pecuniary loss, they shall be graduated in accordance with the profit obtained and the need to compensate for the damage caused by his or her unlawful conduct.
Financial penalties may not exceed three times the profits obtained or the damage caused.
Article amended DOF 20-08-1928, 21-09-1944, 08-10-1974, 28-12-1982
Article 112 . A declaration of proceeding by the Chamber of Deputies shall not be required when any of the public servants referred to in the first paragraph of Article 111 commits a crime during the time in which he or she is separated from his or her post.
If the public servant has resumed his or her functions or has been appointed or elected to another office, other than those listed in article 111, the procedure shall be in accordance with the provisions of that article.
Reformed article DOF 28-12-1982
Article 113 . The National Anticorruption System is the coordinating body among the authorities of all levels of government competent in the prevention, detection and punishment of administrative responsibilities and acts of corruption, as well as in the oversight and control of public resources. For the fulfillment of its purpose, it will be subject to the following minimum bases:
I. The System will have a Coordinating Committee that will be made up of the heads of the Superior Audit Office of the Federation; of the Special Prosecutor's Office for Combating Corruption; of the secretariat of the Federal Executive responsible for internal control; of the president of the Federal Court of Administrative Justice; of the president of the guarantor body established in Article 6 of this Constitution; as well as of a representative of the Federal Judiciary Council and another of the Citizen Participation Committee;
II. The Citizen Participation Committee of the System shall be composed of five citizens who have stood out for their contribution to transparency, accountability or the fight against corruption and shall be appointed under the terms established by law; and
III. It will correspond to the System's Coordinating Committee, under the terms determined by the Law:
a) The establishment of coordination mechanisms with local systems;
b) The design and promotion of comprehensive policies in the area of oversight and control of public resources, prevention, control and deterrence of administrative misconduct and acts of corruption, especially with respect to the causes that give rise to them;
c) The determination of mechanisms for the provision, exchange, systematization and updating of information on these matters generated by the competent institutions of the different levels of government;
d) The establishment of bases and principles for the effective coordination of the authorities of the different levels of government in the area of oversight and control of public resources;
e) The preparation of an annual report containing the progress and results of the exercise of its functions and the implementation of policies and programmes in this area.
Based on this report, the Committee may issue non-binding recommendations to the authorities, with the objective of adopting measures aimed at strengthening institutions to prevent administrative misconduct and acts of corruption, as well as improving their performance and internal control. The authorities to which the recommendations are addressed shall report to the Committee on the attention they give to them.
The federal entities shall establish local anti-corruption systems for the purpose of coordinating the competent local authorities in the prevention, detection and punishment of administrative responsibilities and acts of corruption.
Article amended DOF 28-12-1982, 14-06-2002, 27-05-2015
Article 114 . Impeachment proceedings may only be initiated during the period in which the public servant holds office and within one year thereafter. The corresponding sanctions shall be applied within a period of no more than one year from the initiation of the proceeding.
Liability for offences committed while in office by any public servant shall be enforceable in accordance with the statute of limitations set forth in the Criminal Law, which shall never be less than three years. The statute of limitations shall be interrupted while the public servant holds any of the posts referred to in article 111.
The law shall establish the statute of limitations for administrative liability, taking into account the nature and consequences of the acts and omissions referred to in Section III of Article 109. When such acts or omissions are serious, the statute of limitations shall not be less than seven years.
Amended paragraph DOF 27-05-2015
Article amended DOF 28-12-1982
Title Five
On the States of the Federation and Mexico City
Articles 115 to 122
Title amended DOF 25-10-1993, 29-01-2016
Article 115 . The states shall adopt, for their internal regime, the republican, representative, democratic, secular and popular form of government, having as the basis of their territorial division and their political and administrative organization, the free municipality, in accordance with the following bases:
Amended paragraph DOF 10-02-2014
I. Each municipality shall be governed by a directly popularly elected City Council, composed of a Municipal President and the number of councils and syndics determined by law, in accordance with the principle of parity. The powers granted by this Constitution to the municipal government shall be exercised exclusively by the City Council, and there shall be no intermediate authority between it and the State government.
Amended paragraph DOF 23-12-1999, 06-06-2019
The Constitutions of the states shall establish the consecutive election for the same position of municipal presidents, councillors and trustees, for an additional period, provided that the term of office of the municipal councils does not exceed three years. The nomination may only be made by the same party or by any of the member parties of the coalition that nominated them, unless they have resigned or lost their membership before the mid-term of their mandate.
Amended paragraph DOF 10-02-2014
Local Legislatures, by agreement of two thirds of their members, may suspend town councils, declare that these have disappeared and suspend or revoke the mandate of any of their members, for any of the serious causes that the local law provides, as long as their members have had sufficient opportunity to present the evidence and make the allegations that in their opinion are appropriate.
If any of the members ceases to hold office, he shall be replaced by his alternate, or as provided by law.
Amended paragraph DOF 12-23-1999
In the event that a City Council is declared defunct or due to the resignation or absolute absence of the majority of its members, if according to the law it is not appropriate for alternates to take office or for new elections to be held, the legislatures of the States shall appoint from among the residents the Municipal Councils that shall conclude the respective periods; these Councils shall be composed of the number of members determined by law, who must meet the eligibility requirements established for aldermen;
Amended paragraph DOF 12-23-1999
II. The municipalities shall be vested with juridical personality and shall manage their patrimony in accordance with the law.
The municipal councils will have the power to approve, in accordance with the laws on municipal matters to be issued by the state legislatures, the police and governmental codes, regulations, circulars and administrative provisions of general observance within their respective jurisdictions, which organize the municipal public administration, regulate matters, procedures, functions and public services under their jurisdiction and ensure citizen and neighborhood participation.
Amended paragraph DOF 12-23-1999
The purpose of the laws referred to in the preceding paragraph shall be to establish:
a) The general bases of municipal public administration and administrative procedure, including the means of challenge and the bodies for settling disputes between such administration and individuals, subject to the principles of equality, publicity, hearing and legality;
b) The cases in which the agreement of two thirds of the members of the City Councils is required to pass resolutions that affect the municipal real estate patrimony or to celebrate acts or agreements that commit the Municipality for a term longer than the term of the City Council;
c) The rules of general application for concluding the agreements referred to in 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 assume a municipal function or service when, in the absence of the corresponding agreement, the state legislature considers that the municipality in question is unable to exercise or provide them; in this case, a prior request from the respective city council, approved by at least two thirds of its members, will be necessary; and
e) The provisions applicable in those municipalities that do not have the corresponding ordinances or regulations.
Paragraph with subparagraphs added DOF 12-23-1999
The state legislatures shall issue the norms that establish the procedures through which the conflicts that arise between the municipalities and the state government, or between the former, on the occasion of the acts derived from paragraphs c) and d) above, shall be resolved;
Paragraph added DOF 12-23-1999
III. The Municipalities shall be in charge of the following public functions and services:
Amended paragraph DOF 12-23-1999
a) Drinking water, drainage, sewerage, treatment and disposal of wastewater;
Reformed clause DOF 23-12-1999
b) Street lighting.
c) Cleaning, collection, transfer, treatment and final disposal of waste;
Reformed clause DOF 23-12-1999
d) Markets and supply centers.
e) Cemeteries.
f) Flea market.
g) Streets, parks and gardens and their equipment;
Reformed clause DOF 23-12-1999
h) Public security, in the terms of article 21 of this Constitution, municipal preventive police and transit; and
Reformed clause DOF 23-12-1999
i) Others that the local Legislatures determine according to the territorial and socio-economic conditions of the Municipalities, as well as their administrative and financial capacity.
Without prejudice to their constitutional competence, in the performance of the functions or provision of the services for which they are responsible, the municipalities shall observe the provisions of federal and state laws.
Amended paragraph DOF 12-23-1999
The municipalities, with prior agreement among their city councils, may coordinate and associate for the more efficient rendering of public services or the better exercise of the functions that correspond to them. In this case and in the case of the association of municipalities of two or more states, they must have the approval of the legislatures of the respective states. Likewise, when in the judgment of the respective city council it is necessary, they may enter into agreements with the State so that the State, directly or through the corresponding agency, may temporarily take charge of some of them, or they may be provided or exercised in coordination between the State and the municipality itself;
Paragraph added DOF 12-23-1999
Indigenous communities, within the municipal sphere, may coordinate and associate in the terms and for the purposes provided by law.
Paragraph added DOF 14-08-2001
IV. The municipalities shall freely administer their treasury, which shall be formed from the yields of the property belonging to them, as well as from the contributions and other revenues that the legislatures may establish in their favor, and in any case:
a) They shall receive the taxes, including additional fees, established by the States on real property, its division, division, consolidation, transfer and improvement, as well as those based on the change in value of real property.
The municipalities may enter into agreements with the State to take over some of the functions related to the administration of these contributions.
b) Federal participations, which will be covered by the Federation to the Municipalities according to the bases, amounts and terms determined annually by the Legislatures of the States.
c) Income derived from the provision of public services for which it is responsible.
Federal laws shall not limit the power of the States to establish the contributions referred to in subparagraphs (a) and (c), nor shall they grant exemptions therefrom. State laws shall not establish exemptions or subsidies in favor of any person or institution with respect to such contributions. Only property in the public domain of the Federation, federal entities or municipalities shall be exempt, unless such property is used by parastatal entities or by individuals, under any title, for administrative purposes or purposes other than those of their public purpose.
Amended paragraph DOF 23-12-1999, 29-01-2016
The city councils, within the scope of their competence, shall propose to the state legislatures the quotas and rates applicable to taxes, duties, contributions for improvements and the tables of unitary values of land and constructions that serve as a basis for the collection of real estate property taxes.
Amended paragraph DOF 12-23-1999
The legislatures of the states shall approve the revenue laws of the municipalities, and shall review and audit their public accounts. Expenditure budgets shall be approved by the municipal councils based on their available income, and shall include in the same, the itemized tabulators of the remuneration received by municipal public servants, subject to the provisions of Article 127 of this Constitution.
Paragraph added DOF 23-12-1999. Amended DOF 24-08-2009
The resources that make up the municipal treasury shall be exercised directly by the city councils, or by whomever they authorize, in accordance with the law;
Paragraph added DOF 12-23-1999
V. The Municipalities, under the terms of the related Federal and State laws, shall be empowered to:
a) Formulate, approve and administer zoning and municipal urban development plans, as well as mobility and road safety plans;
Subsection amended DOF 18-12-2020
b) Participate in the creation and administration of its territorial reserves;
c) Participate in the formulation of regional development plans, which must be in accordance with the general plans on the subject. When the Federation or the States draw up regional development projects, they shall ensure the participation of the municipalities;
d) Authorize, control and monitor land use, within the scope of their competence, in their territorial jurisdictions;
e ) To intervene in the regularization of urban land tenure;
f) To grant licenses and permits for constructions;
g) Participate in the creation and administration of ecological reserve zones and in the elaboration and implementation of management programmes in this area;
h) To intervene in the formulation and application of programs of public transport of passengers when those affect its territorial scope; and
i) Enter into agreements for the administration and custody of federal zones.
As appropriate and in accordance with the purposes set forth in the third paragraph of Article 27 of this Constitution, they shall issue the necessary regulations and administrative provisions. The real property of the Federation located in the Municipalities shall be exclusively under the jurisdiction of the federal powers, without prejudice to the agreements that may be entered into under the terms of subsection i) of this section;
Amended paragraph DOF 29-01-2016
Reformed fraction DOF 23-12-1999
VI. When two or more urban centers located in municipal territories of two or more federative entities form or tend to form a demographic continuity, the Federation, the federative entities and the respective Municipalities, within the scope of their competences, will plan and regulate in a joint and coordinated manner the development of such centers, including criteria for mobility and road safety, in accordance with the federal laws on the matter.
Reformed fraction DOF 18-12-2020
VII . The preventive police will be under the command of the municipal president under the terms of the State Public Security Law. They will obey the orders that the Governor of the State transmits to them in those cases that he deems to be of force majeure or serious alteration of public order.
Amended paragraph DOF 18-06-2008
The Federal Executive shall have command of the public force in the places where it resides habitually or temporarily;
Reformed fraction DOF 23-12-1999
VIII. The laws of the states shall introduce the principle of proportional representation in the election of town councils in all municipalities.
Labor relations between municipalities and their workers shall be governed by the laws issued by the state legislatures based on the provisions of Article 123 of this Constitution and its regulatory provisions.
Fraction amended DOF 17-03-1987
IX. Repealed.
Section repealed DOF 17-03-1987
X. Repealed.
Section repealed DOF 17-03-1987
Article amended DOF 20-08-1928, 29-04-1933, 08-01-1943, 12-02-1947, 17-10-1953, 06-02-1976, 06-12-1977, 03-02-1983
Article 116 . The public power of the states shall be divided, for its exercise, into Executive, Legislative, and Judicial, and no two or more of these powers may be combined in a single person or corporation, nor may the legislative power be vested in a single individual.
The powers of the States shall be organized in accordance with the Constitution of each State, subject to the following rules:
I. The governors of the states may not remain in office for more than six years and their term of office may be revoked. The Constitutions of the States shall establish the rules relating to the process of recalling the governor of the entity.
Amended paragraph DOF 20-12-2019
The election of the Governors of the States and of the Local Legislatures shall be direct and under the terms provided for in the respective electoral laws.
The Governors of the States, whose origin is the popular election, ordinary or extraordinary, in no case and for no reason may they occupy that office again, not even as interim, provisional, substitutes or in charge of the office.
They may never be elected for the immediate term:
a) The constitutional substitute governor, or the governor appointed to complete the term of office in the event of absolute absence of the constitutional governor, even if he/she has a different name;
b) The interim governor, the provisional governor or the citizen who, under whatever name, fills in for the temporary absence of the governor, provided that he or she holds office during the last two years of the term.
Reformed clause DOF 26-09-2008
Only a Mexican citizen by birth and native of the State, or with effective residence of not less than five years immediately preceding the day of the elections, and being 30 years of age on the day of the election, or less, if so established by the Political Constitution of the Federal Entity, may be a constitutional governor of a State.
Amended paragraph DOF 26-09-2008
II. The number of representatives in the legislatures of the States shall be proportionate to the number of inhabitants of each; but, in any case, it may not be less than seven deputies in the States whose population does not reach 400 thousand inhabitants; nine in those whose population exceeds this number and does not reach 800 thousand inhabitants, and 11 in the States whose population exceeds the latter figure.
State Constitutions shall establish the consecutive election of deputies to state legislatures for up to four consecutive terms. The nomination may only be made by the same party or by any of the member parties of the coalition that nominated them, unless they have resigned or lost their membership before the middle of their term of office.
Amended paragraph DOF 10-02-2014
The legislatures of the states shall be composed of deputies elected according to the principles of relative majority and proportional representation, under the terms set forth in their laws. In no case may a political party have a number of deputies by both principles that represent a percentage of the total of the legislature that exceeds its percentage of votes cast by eight points. This basis shall not apply to a political party that, due to its victories in single-member districts, obtains a percentage of seats in the total of the legislature that exceeds the sum of the percentage of its votes cast plus eight per cent. Likewise, in the integration of the legislature, the percentage of representation of a political party may not be less than the percentage of the vote it received minus eight percentage points.
Amended paragraph DOF 22-08-1996, 10-02-2014
State legislatures are responsible for the annual approval of the corresponding expenditure budget. When setting the remuneration of public servants, they shall be subject to the bases set forth in Article 127 of this Constitution.
Paragraph added DOF 24-08-2009
The Legislative, Executive, and Judicial branches of government, as well as the agencies with autonomy recognized in their local constitutions, shall include in their budget proposals, itemized tabulations of the remuneration proposed to be received by their public servants. These proposals must follow the procedure established by the applicable constitutional and legal provisions for the approval of state budgets.
Paragraph added DOF 24-08-2009
The state legislatures will have state audit institutions, which will be bodies with technical and managerial autonomy in the exercise of their powers and to decide on their internal organization, operation and resolutions, under the terms provided for in their laws. The auditing function shall be carried out in accordance with the principles of legality, impartiality and reliability. Likewise, they shall audit the actions of states and municipalities in matters of funds, local resources and public debt. The audit reports of state audit institutions shall be public.
Paragraph added DOF 07-05-2008. Amended DOF 26-05-2015, 27-05-2015.
The head of the audit entity of the federal entities will be elected by two thirds of the members present in the local legislatures, for periods of no less than seven years and must have five years of experience in control, financial auditing and responsibilities.
Paragraph added DOF 07-05-2008
The public account of the previous year must be sent to the State Legislature no later than April 30. The deadline for submission may only be extended at the request of the Governor, sufficiently justified in the opinion of the Legislature.
Paragraph added DOF 27-05-2015
The State Legislatures shall regulate the terms under which citizens may submit bills to the respective Congress.
Paragraph added DOF 09-08-2012
III. The Judicial Power of the States shall be exercised by the courts established by the respective Constitutions.
The independence of magistrates and judges in the exercise of their functions shall be guaranteed by the Constitutions and Organic Laws of the States, which shall establish the conditions for the entry, training and tenure of those who serve in the Judicial Branches of the States.
The Magistrates who are members of the local judicial branches shall meet the requirements set forth in sections I to V of Article 95 of this Constitution. Persons who have held the position of Secretary or its equivalent, Attorney General or Local Deputy in their respective states during the year prior to the day of the appointment may not be Magistrates.
Amended paragraph DOF 12/31/1994
The appointments of magistrates and judges who are members of the local judicial branches shall be made preferably from among those persons who have served efficiently and probity in the administration of justice or who deserve it for their honorability, competence and background in other branches of the legal profession.
The magistrates will last in the exercise of their charge (sic DOF 17-03-1987) the time indicated by the Local Constitutions, they can be reelected, and if they are, they can only be deprived of their posts in the terms determined by the Constitutions and the Laws of Responsibilities of the Public Servants of the States.
Judges and magistrates shall receive an adequate and unwaivable remuneration, which may not be reduced during their term of office.
Reform DOF 31-12-1994: Repealed the then fifth paragraph of the section.
IV. In accordance with the bases established in this Constitution and the general laws on the matter, the Constitutions and laws of the States in electoral matters, shall guarantee that:
Amended paragraph DOF 10-02-2014
a) The elections of governors, members of local legislatures and members of municipal councils are held by universal, free, secret and direct suffrage; and that the election day takes place on the first Sunday of June of the corresponding year. States whose election days are held in the year of the federal elections and do not coincide on the same date as the federal election day shall not be bound by this last provision;
Section amended DOF 10-02-2014
b) In the exercise of the electoral function, in charge of the electoral authorities, the guiding principles are those of certainty, impartiality, independence, legality, maximum publicity and objectivity;
Section amended DOF 10-02-2014
c) The authorities responsible for the organization of elections and the jurisdictional authorities that resolve disputes in this area shall enjoy autonomy in their functioning and independence in their decisions, in accordance with the following and as determined by law:
1o. The local public electoral bodies shall have a superior management body made up of a president councilor and six electoral councilors, with the right to speak and vote; the executive secretary and the representatives of the political parties shall attend the sessions only with the right to speak; each political party shall have a representative in said body.
2o. The Presiding Councilor and the Electoral Councilors will be appointed by the General Council of the National Electoral Institute, under the terms provided by law. The state electoral councilors must be natives of the corresponding federal entity or have an effective residence of at least five years prior to their appointment, and comply with the requirements and the profile that proves their suitability for the position established by law. In the event of a vacancy of state electoral councilor, the General Council of the National Electoral Institute shall make the corresponding appointment in terms of this article and the law. If the vacancy occurs during the first four years of his or her term of office, a substitute shall be elected to complete the term. If the vacancy occurs within the last three years, a councilor shall be elected for a new term.
3o. The state electoral councilors will have a seven-year term of office and may not be reelected; they will receive a remuneration in accordance with their functions and may be removed by the General Council of the National Electoral Institute, for serious causes established by law.
4o. State electoral counselors and other public servants established by law may not hold any other employment, position or commission, with the exception of those not remunerated in teaching, scientific, cultural, research or charitable activities. Nor may they assume a public position in the bodies resulting from the elections in whose organization and development they have participated, or be nominated for a popularly elected office or assume a position of party leadership, during the two years following the end of their term of office.
5o. The jurisdictional electoral authorities shall be composed of an odd number of magistrates, who shall be elected by two thirds of the members of the Senate present, after a public call, under the terms determined by law.
6o. The local public electoral bodies shall have public servants vested with public faith for acts of an electoral nature, whose attributions and operation shall be regulated by law.
7o. Challenges against the acts that, in accordance with base V of Article 41 of this Constitution, the National Electoral Institute carries out on the occasion of local electoral processes, shall be resolved by the Electoral Tribunal of the Judiciary of the Federation, as determined by law.
Section amended DOF 10-02-2014
d) The competent administrative electoral authorities may agree with the National Electoral Institute to take charge of the organization of local electoral processes;
Section amended DOF 10-02-2014
e) Political parties are only constituted by citizens without the intervention of trade organizations, or with a different social purpose and without corporate affiliation. They also have the recognized right to request the registration of candidates for elected office, with the exception of the provisions of article 2, paragraph A, sections III and VII, of this Constitution.
Reformed clause DOF 27-12-2013
f) The electoral authorities may only intervene in the internal affairs of the parties in the terms expressly indicated;
The local political party that does not obtain, at least, three percent of the total valid vote cast in any of the elections held for the renewal of the local Executive or Legislative Power, will have its registration cancelled. This provision shall not apply to national political parties participating in local elections;
Paragraph added DOF 10-02-2014
g) Political parties receive, in an equitable manner, public financing for their ordinary permanent activities and those aimed at obtaining the vote during electoral processes. Similarly, the procedure for the liquidation of parties that lose their registration and the destination of their assets and remnants should be established;
h) (h) The criteria for establishing limits on expenditure by political parties in their pre-campaign and election campaigns, as well as the maximum amounts of contributions from their activists and supporters, should be established;
Section amended DOF 10-02-2014
i) political parties have access to radio and television, in accordance with the rules established by Article 41 (III) (B) of this Constitution;
j) The rules for the pre-campaigns and electoral campaigns of the political parties are established, as well as the sanctions for those who violate them. In any case, the duration of the campaigns shall be from sixty to ninety days for the gubernatorial election and from thirty to sixty days when only local deputies or city councils are elected; the pre-campaigns may not last more than two thirds of the respective electoral campaigns;
Section amended DOF 10-02-2014
k) The regime applicable to the nomination, registration, rights and obligations of independent candidates is regulated, guaranteeing their right to public financing and access to radio and television in the terms established in this Constitution and the corresponding laws;
Section amended DOF 10-02-2014
l) Establish a system of means of challenge so that all electoral acts and resolutions are invariably subject to the principle of legality. Likewise, the assumptions and rules for carrying out, in the administrative and jurisdictional spheres, total or partial vote recounts should be indicated;
m) The grounds for the nullity of the elections of governors, local deputies and municipal councils should be established, as well as the appropriate time limits for the resolution of all appeals, taking into account the principle of the definitive nature of the stages of the electoral processes, and
n) at least one local election is held on the same date as one of the federal elections;
Subsection added DOF 10-02-2014
o) The offences and misdemeanours in electoral matters are defined, as well as the penalties to be imposed for them.
Subsection moved DOF 10-02-2014
p) To establish the bases and requirements for citizens to apply for registration as candidates in elections in order to be able to vote independently for all popularly elected offices, in accordance with article 35 of this Constitution.
Subsection added DOF 27-12-2013. Reworded DOF 10-02-2014
Section added DOF 22-08-1996. Reformed DOF 13-11-2007
V. The Constitutions and laws of the States shall establish Administrative Justice Courts, endowed with full autonomy to issue their rulings and to establish their organization, operation, procedures and, where appropriate, appeals against their resolutions. The Courts shall be responsible for settling disputes arising between the local and municipal public administration and individuals; imposing, under the terms provided by law, sanctions on local and municipal public servants for serious administrative liability, and on individuals who incur in acts related to serious administrative offenses; as well as ordering those responsible to pay compensation and pecuniary sanctions arising from damages that affect the State or Municipal Public Treasury or the assets of local or municipal public entities.
For the investigation, substantiation and punishment of the administrative responsibilities of members of the Judicial Branch of the States, the provisions of the respective Constitutions will be observed, without prejudice to the powers of the oversight entities regarding the management, custody and application of public resources;
Section revised and amended DOF 22-08-1996. Reformed DOF 27-05-2015
VI. Labor relations between the states and their workers shall be governed by the laws issued by the legislatures of the states based on the provisions of Article 123 of the Political Constitution of the United Mexican States and its regulatory provisions; and
Section amended and reworded DOF 22-08-1996
VII. The Federation and the States, under the terms of the law, may agree on the assumption by the latter of the exercise of their functions, the execution and operation of works and the provision of public services, when economic and social development makes it necessary.
The States shall be empowered to enter into such agreements with their Municipalities, in order for the latter to assume the provision of the services or the attention of the functions referred to in the preceding paragraph.
Fraction moved DOF 22-08-1996
VIII. The Constitutions of the States shall establish autonomous, specialized, impartial and collegiate bodies, responsible for guaranteeing the right of access to information and protection of personal data in possession of the obligated subjects, in accordance with the principles and bases established by Article 6 of this Constitution and the general law issued by the Congress of the Union to establish the bases, general principles and procedures for the exercise of this right.
Section added DOF 07-02-2014
IX. The Constitutions of the States shall guarantee that the functions of the justice system are carried out on the basis of the principles of autonomy, efficiency, impartiality, legality, objectivity, professionalism, responsibility and respect for human rights.
Section added DOF 10-02-2014
Article amended DOF 17-03-1987
Article 117 . States may not, in any case:
I. Enter into alliance, treaty or coalition with another State or with foreign Powers.
II. Repealed.
Section repealed DOF 21-10-1966
III. Coin money, issue paper money, stamps or stamped paper.
IV. To tax the transit of persons or things passing through its territory.
V. Prohibit or tax, directly or indirectly, the entry into or exit from its territory of any national or foreign merchandise.
VI. Tax the circulation or consumption of national or foreign effects, with taxes or duties whose exemption is carried out by local customs, requires inspection or registration of packages or requires documentation accompanying the merchandise.
VII. To issue or maintain in force laws or fiscal dispositions that import differences in taxes (sic DOF 05-02-1917) or requirements by reason of the origin of national or foreign merchandise, whether this difference is established with respect to similar production in the locality, or between similar productions of different origin.
VIII. Directly or indirectly contract obligations or loans with governments of other nations, with foreign corporations or individuals, or when they must be paid in foreign currency or outside the national territory.
States and municipalities may not contract obligations or loans except when they are destined to productive public investments and their refinancing or restructuring, which must be carried out under the best market conditions, including those contracted by decentralized agencies, public companies and trusts and, in the case of states, additionally to grant guarantees regarding the indebtedness of municipalities. The above, according to the bases established by the legislatures in the corresponding law, within the framework of the provisions of this Constitution, and for the concepts and up to the amounts that they approve. The executives shall report on their exercise when rendering the public account. In no case may borrowing be used to cover current spending.
Amended paragraph DOF 26-05-2015
Local legislatures, by a vote of two thirds of their members present, shall authorize the maximum amounts for, under the best market conditions, contracting such borrowings and obligations, prior analysis of their destination, payment capacity and, if applicable, the granting of a guarantee or the establishment of the source of payment.
Paragraph added DOF 26-05-2015
Notwithstanding the above, states and municipalities may contract obligations to cover their short-term needs, without exceeding the maximum limits and conditions established by the general law issued by the Congress of the Union. Short-term obligations must be settled no later than three months before the end of the corresponding government term and no new obligations may be contracted during those last three months.
Paragraph added DOF 26-05-2015
Reformed fraction DOF 24-10-1942, 30-12-1946, 21-04-1981
IX. Tax the production, collection or sale of raw tobacco, in a different manner or with higher quotas than those authorized by the Congress of the Union.
The Congress of the Union and the Legislatures of the federal entities will dictate, of course, laws aimed at combating alcoholism.
Amended paragraph DOF 29-01-2016
Fraction added DOF 24-10-1942
Article 118 . Nor may they, without the consent of the Congress of the Union:
I. Establish tonnage fees, or any other port fees, or impose contributions or duties on imports or exports.
II. To have, at any time, permanent troops or warships.
III. To make war on their own against any foreign power, except in cases of invasion and danger so imminent as to admit of no delay. In such cases they shall immediately inform the President of the Republic.
Original article DOF 05-02-1917
Article 119 . The Powers of the Union have the duty to protect the federative entities against any external invasion or violence. In every case of internal uprising or disturbance, they shall afford them equal protection, provided they are called upon by the Legislature of the federative entity or by its Executive, if the latter is not in session.
Paragraph added DOF 25-10-1993. Amended DOF 29-01-2016
The federative entities are obliged to hand over the accused or convicted persons without delay, as well as to carry out the seizure and delivery of objects, instruments or proceeds of crime, in response to the request of any other authority that may require them. These procedures will be carried out, with the intervention of the respective law enforcement agencies, in accordance with the terms of the cooperation agreements entered into by the federative entities for this purpose. For the same purposes, local authorities may enter into cooperation agreements with the Office of the Attorney-General of the Republic.
Amended paragraph DOF 10-02-2014
Extraditions at the request of a foreign State shall be processed by the Federal Executive, with the intervention of the judicial authority under the terms of this Constitution, the international treaties signed in this regard and the regulatory laws. In such cases, the order of the judge ordering compliance with the requisition shall be sufficient to justify detention for up to sixty calendar days.
Article amended DOF 03-09-1993
Article 120 . The heads of the executive powers of the federal entities are obliged to publish and enforce federal laws.
Article amended DOF 29-01-2016
Article 121 . In each federative entity, full faith and credit shall be given to the public acts, records, and judicial proceedings of all the others. The Congress of the Union, by means of general laws, shall prescribe the manner of proving such acts, records and proceedings, and the effect thereof, subject to the following bases:
Amended paragraph DOF 29-01-2016
I. The laws of a federative entity shall have effect only in its own territory and, consequently, may not be binding outside it.
Reformed fraction DOF 29-01-2016
II. Movable and immovable property shall be governed by the law of the place where it is located.
III. Judgments pronounced by the courts of one federative entity on rights in rem or real property located in another federative entity shall only be enforceable in that entity when its own laws so provide.
Judgments on personal rights shall only be enforced in another state when the convicted person has expressly or by reason of domicile submitted to the justice who pronounced them, and provided that he has been summoned in person to attend the trial.
Reformed fraction DOF 29-01-2016
IV. Acts of civil status in accordance with the laws of one federative entity shall be valid in the others.
Reformed fraction DOF 29-01-2016
V. Professional titles issued by the authorities of one federative entity subject to its laws shall be respected in the others.
Reformed fraction DOF 29-01-2016
Article 122 . Mexico City is a federative entity that enjoys autonomy in all matters concerning its internal regime and its political and administrative organization.
A . The government of Mexico City is in charge of its local powers, under the terms established in the Political Constitution of Mexico City, which shall be in accordance with the provisions of this Constitution and the following bases:
I . Mexico City will adopt for its internal regime the republican, representative, democratic and secular form of government. The public power of Mexico City shall be divided for its exercise into Legislative, Executive and Judicial. Two or more of these powers may not be combined in a single person or corporation, nor may the Legislative power be vested in a single individual.
The Political Constitution of Mexico City will establish the norms and guarantees for the enjoyment and protection of human rights in the areas of its competence, in accordance with the provisions of Article 1 of this Constitution.
II . The exercise of the Legislative Power is deposited in the Legislature of Mexico City, which will be integrated under the terms established by the Political Constitution of the entity. Its members must meet the requirements established therein and shall be elected by universal, free, secret and direct suffrage, according to the principles of relative majority and proportional representation, for a period of three years.
In no case may a political party have a number of deputies for both principles that represent a percentage of the total of the Legislature that exceeds its percentage of votes cast by eight points. This basis shall not apply to a political party that, due to its victories in single-member districts, obtains a percentage of seats in the total of the Legislature that exceeds the sum of the percentage of its votes cast plus eight percent. Likewise, in the integration of the Legislature, the percentage of representation of a political party may not be less than the percentage of the vote it received minus eight percentage points.
The Political Constitution of Mexico City will establish that deputies to the Legislature may be elected for up to four consecutive terms. The nomination must be made by the same party or by any of the member parties of the coalition that nominated them, unless they have resigned or lost their membership before the middle of their term.
The Political Constitution of the entity will establish the norms to guarantee the access of all parliamentary groups to the governing bodies of the local Congress and, to those with greater representation, to the Presidency of the same.
It is incumbent upon the Legislature to approve additions or amendments to the Political Constitution of Mexico City and to exercise the powers established therein. In order for the additions or reforms to become part of the Constitution, they must be approved by two thirds of the deputies present.
Likewise, the Legislature of Mexico City is responsible for reviewing the public account of the previous year, through its oversight body, which will be a body with technical and managerial autonomy in the exercise of its powers, and to decide on its internal organization, operation and resolutions, under the terms provided by law. The auditing function shall be carried out in accordance with the principles of legality, impartiality and reliability.
The public account of the previous year must be sent to the Legislature no later than April 30 of the following year. This deadline may only be extended when a request is made by the Head of Government of Mexico City that is sufficiently justified in the judgment of the Legislature.
The audit reports of the audit body of Mexico City will be public.
The head of the auditing entity of Mexico City will be elected by two thirds of the members of the Legislature present for a period of no less than seven years and must have five years of experience in control, financial auditing and accountability.
III. The head of the Executive Branch shall be called the Head of the Government of Mexico City and shall be in charge of the public administration of the entity; he shall be elected by universal, free, secret and direct vote, may not hold office for more than six years and his term of office may be revoked. Whoever has occupied the office of the appointed or elected local Executive, in no case and for no reason may occupy that office again, neither as interim, provisional, substitute or in charge of the office.
Amended paragraph DOF 20-12-2019
The Political Constitution of Mexico City will establish the powers of the Head of Government and the requirements that must be met by those who aspire to occupy this position.
The Political Constitution of Mexico City will establish the rules regarding the process for the revocation of the mandate of the Head of Government.
Paragraph added DOF 20-12-2019
IV . The exercise of the Judicial Power is vested in the Superior Court of Justice, the Council of the Judiciary and the courts and tribunals established by the Political Constitution of Mexico City, which shall guarantee the independence of magistrates and judges in the exercise of their functions. Local laws will establish the conditions for the entry, training, permanence and specialization of those who form part of the Judiciary.
The magistrates who are members of the Superior Court of Justice of Mexico City must meet at least the requirements established in sections I to V of Article 95 of this Constitution. Persons who have held the position of Secretary or equivalent in the Government of Mexico City, or of Attorney General of Justice, or of member of the local Legislative Branch, during the year prior to the day of the appointment, may not be magistrates.
Magistrates shall hold office for the time established by the Political Constitution of Mexico City; they may be reelected and, if reelected, may only be deprived of their posts under the terms established by this Constitution, as well as the Constitution and the laws of Mexico City. Magistrates and judges shall receive an adequate and unwaivable remuneration, which may not be reduced during their term of office.
V . The Public Administration of Mexico City will be centralized and parastatal. The public treasury of the City and its administration will be unitary, including the tabulators of remuneration and perceptions of public servants. The patrimonial regime of the Centralized Public Administration will also have a unitary character.
The public finance of Mexico City shall be organized according to criteria of budgetary and financial unity.
The Legislature is responsible for the annual approval of the corresponding expenditure budget. In determining the remuneration of public servants, they shall be subject to the provisions of Article 127 of this Constitution.
The Legislative, Executive and Judicial branches, as well as the bodies with constitutional autonomy, must include in their draft budgets, the tabulators with a breakdown of the remuneration proposed to be received by their public servants. These proposals must observe the procedure established by the Political Constitution of Mexico City and local laws for the approval of the budget of expenditures.
Federal laws shall not limit the power of Mexico City to establish taxes on real property, its division, division, consolidation, transfer and improvement, as well as those based on the change in value of real property and those derived from the provision of public services for which it is responsible, nor shall they grant exemptions in relation thereto. The laws of Mexico City shall not establish exemptions or subsidies in favor of any person or institution with respect to such taxes. Only assets of the public domain of the Federation, of the federal entities or of the Municipalities will be exempt, unless such assets are used by parastatal entities or by individuals, under any title, for purposes other than those of their public purpose.
It is the responsibility of the Head of Government of Mexico City to propose to the local Legislative Branch the quotas and rates applicable to taxes, duties, contributions for improvements and the tables of unitary values of land and constructions that serve as a basis for the collection of real estate property taxes.
VI . The territorial division of Mexico City for the purposes of its political and administrative organization, as well as the number, denomination and limits of its territorial districts, will be defined in accordance with the provisions of the local Political Constitution.
The government of the territorial districts of Mexico City will be in charge of the Alcaldías. Subject to the revenue forecasts of the public treasury of Mexico City, the Legislature will approve the budget of the Alcaldías, which will exercise it autonomously under the assumptions and terms established by the local Political Constitution.
The integration, administrative organization and powers of the Mayor's Offices shall be established in the Political Constitution and local laws, which shall be subject to the following principles:
a ) The mayoralties are political-administrative bodies made up of a mayor and a council elected by universal, free, secret and direct ballot for a period of three years. The members of the Mayor's Office will be elected by slates of between seven and ten candidates, as appropriate, in progressive order, starting with the candidate for Mayor and then the Councilors with their respective alternates, in the number determined by the Political Constitution of Mexico City for each territorial demarcation. In no case may the number of Councilmen be less than ten or more than fifteen. The members of the Councils will be elected according to the principles of relative majority and proportional representation, in the proportion of sixty percent for the first principle and forty percent for the second. No political party or electoral coalition may have more than sixty percent of the council members.
b ) The Political Constitution of Mexico City shall establish the consecutive election for the same office of Mayor and Councilmen for an additional period. The nomination may only be made by the same party or by any of the member parties of the coalition that nominated them, unless they have resigned or lost their membership before the middle of their term of office.
c ) The public administration of the territorial districts is the responsibility of the mayors.
The Political Constitution of Mexico City will establish the competence of the Mayor's Offices, within their respective jurisdictions.
Subject to the revenue forecasts of the public treasury of Mexico City, the City Councils will be responsible for approving the draft expenditure budget of their districts, which they will send to the local Executive to be included in the draft budget of Mexico City to be submitted to the Legislature. Likewise, they will be empowered to supervise and evaluate government actions and control the exercise of public spending in the respective territorial demarcation.
When approving the draft expenditure budget, the City Councils shall guarantee the operating expenses of the territorial demarcation and adjust its current expenditure to the norms and maximum amounts, as well as to the itemized tabulators of remuneration of public servants previously established by the Legislature, subject to the provisions of Article 127 of this Constitution.
d ) The Political Constitution of Mexico City will establish the bases for the corresponding law to establish the criteria or formulas for the allocation of the budget of the territorial districts, which will be composed, at least, of the amounts that according to the law correspond to them for federal participations, local taxes collected by the treasury of Mexico City and income derived from the provision of services for which they are responsible.
e ) Under no circumstances may a territorial district directly or indirectly incur any bonds or borrowings.
f ) Mayors and Councilmen must meet the requirements established by the Political Constitution of Mexico City.
VII . Mexico City will have the autonomous constitutional agencies that this Constitution provides for the federal entities.
VIII . The Political Constitution of Mexico City will establish the rules for the organization and operation, as well as the powers of the Court of Administrative Justice, endowed with full autonomy to issue its rulings and establish its organization, operation, procedures and, if applicable, appeals against its resolutions.
The Tribunal will be in charge of settling disputes arising between the local Public Administration and individuals; imposing, under the terms provided by law, sanctions to public servants for serious administrative liability and to individuals who incur in acts related to serious administrative misconduct; as well as to order those responsible to pay compensation and pecuniary sanctions arising from damages and losses that affect the Public Treasury of Mexico City or the assets of its public entities.
The law shall establish rules to ensure transparency in the process of appointing its judges.
The investigation, substantiation and punishment of the administrative responsibilities of the members of the Superior Court of Justice will correspond to the local Judiciary Council, without prejudice to the powers of the oversight entity on the management, custody and application of public resources.
IX . The Constitution and the laws of Mexico City must conform to the rules on electoral matters established in section IV of Article 116 of this Constitution and the corresponding general laws.
X . The local Political Constitution will guarantee that the functions of justice in Mexico City are carried out based on the principles of autonomy, efficiency, impartiality, legality, objectivity, professionalism, responsibility and respect for human rights.
XI . Labor relations between Mexico City and its workers shall be governed by the law issued by the local Legislature, based on the provisions of Article 123 of this Constitution and its regulatory laws.
B . The federal powers shall have with respect to Mexico City, exclusively the powers expressly conferred upon them by this Constitution.
The Government of Mexico City, given its character as Capital of the United Mexican States and seat of the Powers of the Union, shall guarantee, at all times and under the terms of this article, the necessary conditions for the exercise of the constitutional powers of the federal powers.
The Congress of the Union shall issue the laws that establish the bases for coordination between the federal powers and the local powers of Mexico City by virtue of its character as Capital of the United Mexican States, which shall contain the necessary provisions that ensure the conditions for the exercise of the powers that this Constitution confers on the Powers of the Union.
The Chamber of Deputies, when passing the draft of the Federal Expenditure Budget, will analyze and determine the resources required to support Mexico City as the Capital of the United Mexican States and the bases for its exercise.
The Head of Government of Mexico City is responsible for directing the public security institutions of the entity, under the terms established by the Political Constitution of Mexico City and local laws, as well as freely appointing and removing the public servant who exercises direct command of the public force.
In Mexico City, the provisions of the second paragraph of section VII of Article 115 of this Constitution shall be applicable with respect to the President of the United Mexican States. The Federal Executive may remove the public servant who exercises direct command of the public force referred to in the preceding paragraph, for serious causes determined by the law issued by the Congress of the Union under the terms of this Base.
The real property of the Federation located in Mexico City will be exclusively under the jurisdiction of the federal powers.
C . The Federation, Mexico City, as well as its territorial divisions, and the States and Municipalities bordering the Metropolitan Zone, will establish administrative coordination mechanisms in matters of development planning and execution of regional actions for the provision of public services, in terms of the law issued by the Congress of the Union.
For the effective coordination referred to in the preceding paragraph, said law shall establish the bases for the organization and operation of the Metropolitan Development Council, which shall be responsible for agreeing on actions in the areas of human settlements; mobility and road safety; environmental protection; preservation and restoration of the ecological balance; transportation; transit; drinking water and drainage; collection, treatment and disposal of solid waste; and public safety.
Amended paragraph DOF 18-12-2020
The law issued by the Congress of the Union shall establish the form in which the determinations of the Metropolitan Development Council shall be made, which may include:
a ) The delimitation of territorial scopes and coordination actions for the operation and functioning of public works and services of metropolitan scope;
b ) The commitments assumed by each of the parties for the allocation of resources to metropolitan projects; and
c ) The joint and coordinated projection of the development of the conurbations and the provision of public services.
D . The prohibitions and limitations that this Constitution establishes for the States shall apply to Mexico City.
Article amended DOF 25-10-1993, 31-12-1994. Erratum DOF 03-01-1995. Amended DOF 22-08-1996, 13-11-2007, 07-05-2008, 24-08-2009, 27-04-2010, 09-08-2012, 27-12-2013, 07-02-2014, 10-02-2014, 27-05-2015, 29-01-2016.
Title Six
On Labour and Social Security
Article 123
Article 123 . Everyone has the right to decent and socially useful work; to this end, the creation of jobs and the social organization of work shall be promoted, in accordance with the law.
Paragraph added DOF 19-12-1978. Amended DOF 18-06-2008
The Congress of the Union, without contravening the following bases, shall issue laws on labor, which shall govern:
Paragraph amended DOF 06-09-1929, 05-12-1960. Amended and relocated DOF 19-12-1978. Amended DOF 18-06-2008
A. Among laborers, day laborers, domestic servants, artisans, and in a general way, all contracts of employment:
Paragraph added (as heading of Paragraph A) DOF 05-12-1960
I. The maximum working day shall be eight hours.
II. The maximum night work day shall be 7 hours. The following are prohibited: unhealthy or dangerous work, industrial night work and all other work after ten o'clock at night for minors under sixteen years of age;
Reformed fraction DOF 21-11-1962, 31-12-1974
III. It is forbidden to use the work of minors under fifteen years of age. Those over this age and under sixteen shall have a maximum working day of six hours.
Reformed fraction DOF 21-11-1962, 17-06-2014
IV. For every six days of work, the operator shall enjoy at least one day of rest.
V. Women during pregnancy shall not perform work that requires considerable effort and represents a danger to their health in relation to gestation; they shall be obliged to have a rest period of six weeks prior to the date set for the birth and six weeks after the birth, and they shall receive their full salary and retain their employment and the rights they have acquired through the employment relationship. During the breastfeeding period, they shall have two extra breaks per day, of half an hour each, to feed their children;
Reformed fraction DOF 31-12-1974
VI. The minimum wages to be enjoyed by workers shall be general or professional. The former shall govern in the geographic areas to be determined; the latter shall apply to specific branches of economic activity or to professions, trades or special jobs. The minimum wage may not be used as an index, unit, base, measure or reference for purposes unrelated to its nature.
Amended paragraph DOF 27-01-2016
General minimum wages shall be sufficient to satisfy the normal material, social and cultural needs of a head of household and to provide for the compulsory education of children. The minimum occupational wages shall also be fixed taking into account the conditions of the various economic activities.
Minimum wages shall be set by a national commission composed of representatives of workers, employers and the government, which may be assisted by special commissions of a consultative nature that it deems indispensable for the best performance of its functions.
Fraction reformed DOF 21-11-1962, 23-12-1986
VII. Equal pay for equal work, irrespective of sex and nationality.
VIII. The minimum wage shall be exempt from seizure, compensation or discount.
IX. Workers shall be entitled to a share in the profits of the companies, regulated in accordance with the following rules:
a) A National Commission, made up of representatives of the workers, the employers and the Government, shall determine the percentage of profits to be distributed among the workers;
b) The National Commission shall carry out the necessary and appropriate investigations and studies to ascertain the general conditions of the national economy. It shall also take into consideration the need to promote the industrial development of the country, the reasonable interest to be paid on capital and the necessary reinvestment of capital;
c) The same Commission may revise the percentage fixed when new studies and research justify it.
d) The Law may exempt from the obligation to distribute profits to newly created companies for a determined and limited number of years, exploration work and other activities when justified by their nature and particular conditions;
e) In order to determine the amount of the profits of each company, the taxable income will be taken as a basis in accordance with the provisions of the Income Tax Law. The workers may file before the corresponding Office of the Ministry of Finance and Public Credit any objections they deem appropriate, in accordance with the procedure determined by law;
f) The right of workers to share in profits does not imply the right to intervene in the management or administration of companies.
Reformed fraction DOF 04-11-1933, 21-11-1962
X. Wages shall be paid precisely in legal tender, and may not be paid with merchandise, vouchers, tokens or any other representative sign intended to substitute currency.
XI. When, due to extraordinary circumstances, the hours of the working day must be increased, 100% more than the normal hours shall be paid as salary for the excess time. In no case may overtime work exceed three hours a day, nor three consecutive times. Minors under sixteen years of age shall not be admitted to this type of work.
Reformed fraction DOF 31-12-1974
XII. Every agricultural, industrial, mining or any other type of work enterprise shall be obliged, as determined by the regulatory laws, to provide workers with comfortable and hygienic housing. This obligation shall be fulfilled through the contributions that the companies make to a national housing fund in order to constitute deposits in favor of their workers and establish a financing system that allows them to be granted cheap and sufficient credit so that they may acquire ownership of such housing.
It is considered to be of social utility to issue a law for the creation of a body made up of representatives of the Federal Government, workers and employers, to administer the resources of the national housing fund. This law will regulate the forms and procedures according to which workers will be able to acquire ownership of the aforementioned housing.
The negotiations referred to in the first paragraph of this section, located outside the towns, are obliged to establish schools, infirmaries and other necessary services to the community.
In addition, in those same work centers, when their population exceeds two hundred (sic DOF 09-01-1978) inhabitants, a space of land, which shall not be less than five thousand square meters, shall be reserved for the establishment of public markets, installation of buildings for municipal services and recreational centers.
Paragraph added DOF 09-01-1978
The establishment of intoxicating beverage outlets and gambling establishments is prohibited in all workplaces.
Paragraph added DOF 09-01-1978
Reformed fraction DOF 14-02-1972
XIII. Companies, regardless of their activity, shall be obliged to provide their workers with on-the-job training. The regulatory law shall determine the systems, methods and procedures in accordance with which employers must comply with this obligation.
Reformed fraction DOF 09-01-1978
XIV. Employers shall be liable for occupational accidents and occupational diseases of workers, suffered by reason of or in the exercise of the profession or work they perform; therefore, employers shall pay the corresponding indemnity, depending on whether it has resulted in death or simply temporary or permanent incapacity to work, in accordance with the provisions of the law. This liability shall subsist even in the event that the employer contracts the work through an intermediary.
XV. The employer shall be obliged to observe, in accordance with the nature of his business, the legal precepts on hygiene and safety in the installations of his establishment, and to adopt adequate measures to prevent accidents in the use of machines, instruments and work materials, as well as to organize the latter in such a way as to provide the greatest guarantee for the health and life of the workers, and of the product of conception, in the case of pregnant women. The laws shall contain, for this purpose, the appropriate penalties in each case;
Reformed fraction DOF 31-12-1974
XVI. Both workers and employers shall have the right to join together in defense of their respective interests, forming trade unions, professional associations, etc.
XVII. The laws shall recognize strikes and work stoppages as a right of workers and employers.
XVIII. Strikes shall be lawful when their purpose is to achieve a balance between the various factors of production, harmonizing the rights of labor with those of capital. In public services, it shall be obligatory for workers to give ten days' notice to the labor courts of the date set for the suspension of work. Strikes shall be considered unlawful only when the majority of the strikers carry out violent acts against persons or property, or in the case of war, when they belong to establishments and services that depend on the Government.
In order to obtain the execution of a collective bargaining agreement, it is necessary to prove that the workers are represented.
Reformed fraction DOF 31-12-1938, 24-02-2017
XIX. Work stoppages shall be lawful only when excess production makes it necessary to suspend work in order to keep prices within an affordable limit, subject to the approval of the labor courts.
Reformed fraction DOF 24-02-2017
XX. The resolution of differences or conflicts between workers and employers shall be the responsibility of the labor courts of the Judicial Power of the Federation or of the federal entities, whose members shall be appointed in accordance with the provisions of articles 94, 97, 116, section III, and 122, paragraph A, section IV of this Constitution, as the case may be, and shall have capacity and experience in labor matters. Their rulings and resolutions shall observe the principles of legality, impartiality, transparency, autonomy and independence.
Before going to the labor courts, workers and employers must attend the corresponding conciliatory instance. At the local level, the conciliatory function will be the responsibility of the Conciliation Centers, specialized and impartial, which will be established in the federal entities. These centers will have legal personality and their own assets. They will have full technical, operational, budgetary, decision-making and management autonomy. They will be governed by the principles of certainty, independence, legality, impartiality, reliability, efficiency, objectivity, professionalism, transparency and publicity. Their integration and functioning will be determined by local laws.
The law shall determine the procedure to be observed at the conciliation stage. In any case, the conciliation stage shall consist of a single mandatory hearing, with a date and time duly fixed in an expeditious manner. Subsequent conciliation hearings shall only be held with the agreement of the parties to the conflict. The law will establish the rules for labor agreements to acquire the status of res judicata, as well as for their enforcement.
At the federal level, the conciliatory function will be carried out by a decentralized body. The decentralized body shall also be responsible for the registration of all collective bargaining agreements and trade union organizations, as well as all related administrative processes.
The decentralized body referred to in the preceding paragraph shall have legal personality and its own assets, full technical, operational, budgetary, decision-making and management autonomy. It shall be governed by the principles of certainty, independence, legality, impartiality, reliability, efficiency, objectivity, professionalism, transparency and publicity. Its integration and operation will be determined in the law of the matter.
For the appointment of the head of the decentralized agency referred to in the preceding paragraph, the Federal Executive shall submit a list of three candidates to the consideration of the Senate, which, after the appearance of the proposed persons, shall make the corresponding appointment. The appointment shall be made by a two-thirds vote of the members of the Senate present, within a non-extendable period of thirty days. If the Chamber of Senators does not decide within said term, the person who, from among said list of three, is designated by the Federal Executive shall occupy the position.
In the event that the Chamber of Senators rejects the entire proposed list of three candidates, the Federal Executive shall submit a new one, under the terms of the preceding paragraph. If this second list of three candidates is rejected, the person designated by the Federal Executive shall occupy the position.
The appointment must be made to a person who has the capacity and experience in the areas of competence of the decentralized body; who has not held a position in any political party, nor been a candidate for public office in the three years prior to the appointment; and who enjoys a good reputation and has not been convicted of an intentional crime. He or she must also meet the requirements established by law. He or she shall serve for a term of six years and may be re-elected only once. In the event of absolute absence, the substitute will be appointed to complete the respective period. He may only be removed for serious cause under the terms of Title IV of this Constitution and may not hold any other employment, position or commission, with the exception of those in which they act on behalf of the body and those not remunerated in teaching, scientific, cultural or charitable activities.
Reformed fraction DOF 24-02-2017
XXI. If the employer refuses to submit his differences to arbitration or to comply with the resolution, the employment contract shall be terminated and he shall be obliged to indemnify the worker with the amount of three months' salary, in addition to the liability resulting from the conflict. This provision shall not be applicable in the cases of the actions set forth in the following section. If the refusal is on the part of the workers, the employment contract will be terminated.
Reformed fraction DOF 21-11-1962, 24-02-2017
XXII. The employer who dismisses a worker without just cause or for having joined an association or trade union, or for having taken part in a lawful strike, shall be obliged, at the choice of the worker, to fulfil the contract or to compensate him with the amount of three months' wages. The law shall determine the cases in which the employer may be exempted from the obligation to fulfil the contract by payment of compensation. The employer shall also have the obligation to compensate the worker with the amount of three months' salary when he withdraws from service due to lack of probity on the part of the employer or for receiving bad treatment from him, either in his person or in that of his spouse, parents, children or siblings. The employer may not exempt himself from this responsibility when the ill-treatment comes from dependents or relatives who act with the consent (sic DOF 21-11-1962) or tolerance of the employer.
Reformed fraction DOF 21-11-1962
XXII Bis. The procedures and requirements established by law to ensure freedom of collective bargaining and the legitimate interests of workers and employers shall guarantee, among others, the following principles:
a) representativeness of trade union organizations, and
b) Certainty in the signing, registration and deposit of collective bargaining agreements.
For the resolution of conflicts between trade unions, the request for the conclusion of a collective bargaining agreement and the election of leaders, the vote of the workers shall be personal, free and secret. The law shall guarantee compliance with these principles. Based on the foregoing, for the election of leaders, the trade union statutes may, in accordance with the provisions of the law, establish procedural modalities applicable to the respective processes.
Fraction added DOF 24-02-2017
XXIII. The credits in favor of the workers for wages or salaries accrued in the last year, and for severance payments, shall have preference over any other in cases of bankruptcy or insolvency.
XXIV. For debts contracted by workers in favor of their employers, associates, family members or dependents, only the worker himself shall be liable, and in no case and for no reason may such debts be demanded from the members of his family, nor shall such debts be demandable for the amount in excess of the worker's salary in a month.
XXV. The service for the placement of workers shall be free of charge for them, whether it is provided by municipal offices, labor exchanges or any other official or private institution.
In the provision of this service, the demand for labour will be taken into account and, all other things being equal, priority will be given to those who represent the sole source of income in their family.
Reformed fraction DOF 31-12-1974
XXVI. Any employment contract entered into between a Mexican and a foreign employer shall be legalized by the competent municipal authority and endorsed by the Consul of the Nation to which the worker is to go, in the concept that in addition to the ordinary clauses, it shall be clearly specified that repatriation expenses are to be borne by the contracting employer.
XXVII. They shall be null and void and shall not bind the contracting parties, even if they are expressed in the contract:
a) Those that stipulate an inhumane working day because it is notoriously excessive, given the nature of the work.
b) Those that set a wage that is not remunerative in the opinion of the labour courts.
Reformed clause DOF 24-02-2017
c) Those that stipulate a period longer than one week for the payment of wages.
d) Those that indicate a place of recreation, inn, café, tavern, tavern, canteen or shop for the payment of wages, when they do not involve employees in those establishments.
e) Those involving a direct or indirect obligation to purchase consumer goods in specific shops or places.
f) Those that allow salary to be withheld as a fine.
g ) Those that constitute waiver made by the worker of the indemnities to which he/she is entitled due to work-related accidents and occupational diseases, damages caused by breach of contract or dismissal from the work.
h) All other stipulations that imply the waiver of any right established in favor of the worker in the laws of protection and assistance to workers.
XXVIII. The laws shall determine the property constituting the patrimony of the family, which property shall be inalienable, shall not be subject to real encumbrances or attachments, and shall be transmissible by inheritance with simplification of the formalities of inheritance proceedings.
XXIX. The Social Security Law is of public utility, and it shall include insurance for disability, old age, life, involuntary cessation of work, illness and accidents, childcare services and any other insurance aimed at the protection and welfare of workers, peasants, non-wage earners and other social sectors and their families.
Reformed fraction DOF 06-09-1929, 31-12-1974
XXX. Likewise, cooperative societies for the construction of cheap and hygienic houses, intended to be acquired in property by the workers in determined terms, shall be considered of social utility.
XXXI. The application of labour laws corresponds to the authorities of the federal entities, within their respective jurisdictions, but is the exclusive competence of the federal authorities in matters relating to:
Amended paragraph DOF 29-01-2016
a) Industrial branches and services.
Reformed heading of clause DOF 27-06-1990
1. Textile;
2. Electric;
3. Cinematographic;
4. Pulp mill;
5. Sugar factory;
6. Mining;
7. Metallurgy and iron and steel, including the exploitation of basic minerals, their processing and smelting, as well as the production of metallic iron and steel in all its forms and alloys and rolled products thereof;
8. Hydrocarbons;
9. Petrochemicals;
10. Cement;
11. Calera;
12 . Automotive, including mechanical or electrical auto parts;
13. Chemistry, including pharmaceutical chemistry and drugs;
14. Cellulose and paper;
15. Of vegetable oils and fats;
16. Producer of food, covering exclusively the manufacture of food that is packaged, canned or packaged or intended for that purpose;
17 . Manufacture of beverages that are packaged or canned or intended for that purpose;
18. Railway;
19. Basic lumber, which includes sawmill production and the manufacture of plywood or wood agglutinates;
Erratum to the numeral DOF 13-01-1978
20. Glassworks, exclusively for the manufacture of flat, smooth or cut glass, or glass containers; and
21. Tobacco processing, which includes the processing or manufacture of tobacco products;
22. Banking and credit services.
Item added DOF 27-06-1990
b) Companies:
1. Those that are administered directly or decentralized by the Federal Government;
2. Those operating under a federal contract or concession and related industries; and
3. Those that carry out works in federal zones or under federal jurisdiction, in territorial waters or in those included in the exclusive economic zone of the Nation.
c) Subjects:
1. The registration of all collective bargaining agreements and trade union organizations, as well as all related administrative processes;
2. The application of labour provisions in matters relating to disputes involving two or more federative entities;
3. Collective bargaining agreements that have been declared mandatory in more than one state;
4. Employer obligations in educational matters, under the terms of the law, and
5. Employers' obligations in terms of training and education of their workers, as well as health and safety in the workplace, for which the federal authorities will be assisted by the state authorities, in the case of branches or activities under local jurisdiction, under the terms of the corresponding law.
Subsection added DOF 24-02-2017
Reform DOF 24-02-2017: Repealed the then second paragraph of the section.
Section added DOF 18-11-1942. Amended DOF 21-11-1962, 06-02-1975. Erratum DOF 17-03-1975. Amended DOF 09-01-1978
B. Between the Powers of the Union and its workers:
Amended paragraph DOF 08-10-1974, 29-01-2016
I. The maximum daily working day and night shifts shall be eight and seven hours respectively. Any overtime shall be overtime and shall be paid at one hundred per cent more than the remuneration fixed for ordinary service. In no case may overtime work exceed three hours a day or three consecutive times;
II. For every six days of work, the worker shall enjoy at least one day off with full pay;
III. Workers shall enjoy vacations that shall never be less than twenty days a year;
IV . Salaries shall be fixed in the respective budgets, and their amount may not be reduced during their validity, subject to the provisions of Article 127 of this Constitution and the law.
Amended paragraph DOF 24-08-2009
In no case may wages be lower than the minimum wage for workers in general in the federal entities.
Amended paragraph DOF 29-01-2016
Reformed fraction DOF 27-11-1961
V. Equal pay for equal work, regardless of sex;
VI. Wage withholdings, discounts, deductions or garnishments may only be made in the cases provided for by law;
VII. The appointment of personnel shall be made by means of systems that make it possible to assess the knowledge and aptitudes of the applicants. The State shall organize schools of public administration;
VIII. Workers shall have the right to promotion so that promotions are granted on the basis of knowledge, skills and seniority. All other things being equal, priority shall be given to those who represent the only source of income in their families;
Reformed fraction DOF 31-12-1974
XI (sic 05-12-1960). Workers may only be suspended or dismissed for just cause, under the terms established by law.
In the event of unjustified separation, they shall have the right to opt for reinstatement in their job or for the corresponding compensation, after the legal procedure has been followed. In the case of the elimination of positions, the affected workers will have the right to be granted another equivalent to the one eliminated or to the compensation provided by law;
X. Workers shall have the right to associate for the defense of their common interests. They may also make use of the right to strike, subject to compliance with the requirements determined by law, with respect to one or more agencies of the Public Powers, when the rights enshrined in this article are violated in a general and systematic manner;
XI. Social security shall be organized on the following minimum bases:
a) It shall cover occupational accidents and diseases; non-occupational diseases and maternity; and retirement, invalidity, old age and death.
b) In case of accident or illness, the right to work shall be retained for the period of time determined by law.
c) During pregnancy, women shall not perform work that requires considerable effort and poses a danger to their health in connection with pregnancy; they shall be obliged to take one month's rest before the approximate date set for childbirth and another two months after childbirth, and they shall receive their full wages and retain their jobs and the rights they have acquired through their employment relationship. During the breastfeeding period, they shall have two extra breaks per day, of half an hour each, to feed their children. In addition, they shall enjoy medical and obstetric assistance, medicines, breastfeeding aids and childcare services.
Reformed clause DOF 31-12-1974
d) Workers' family members shall be entitled to medical assistance and medicines, in the cases and in the proportion determined by law.
e) Vacation and recuperation centers and economic stores shall be established for the benefit of workers and their families.
f) Workers shall be provided with cheap housing, either for rent or sale, in accordance with previously approved programmes. In addition, the State, through the contributions it makes, shall establish a national housing fund in order to constitute deposits in favor of said workers and establish a financing system that will allow them to be granted cheap and sufficient credit to acquire comfortable and hygienic housing, or to build, repair or improve them, or to pay liabilities acquired for these concepts.
The contributions made to said fund shall be paid to the agency in charge of social security, the form and procedure according to which said fund shall be administered and the respective credits shall be granted and awarded being regulated in its Law and in the corresponding laws.
Reformed clause DOF 10-11-1972
XII. Individual, collective or inter-union disputes shall be submitted to a Federal Conciliation and Arbitration Court composed according to the provisions of the regulatory law.
Disputes between the Federal Judicial Branch and its employees will be resolved by the Federal Judiciary Council; those between the Supreme Court of Justice and its employees will be resolved by the latter.
Amended paragraph DOF 12/31/1994
XIII . The military, marines, foreign service personnel, agents of the Public Prosecutor's Office, experts and members of police institutions shall be governed by their own laws.
The agents of the Public Prosecutor's Office, experts and members of the police institutions of the Federation, the federal entities and the municipalities may be removed from their posts if they do not meet the requirements that the laws in force at the time of the act stipulate for remaining in those institutions, or removed for incurring responsibility in the performance of their duties. If the jurisdictional authority decides that the separation, removal, discharge, dismissal, cessation, or any other form of termination of service was unjustified, the State shall only be obliged to pay the indemnification and other benefits to which they are entitled, and in no case shall they be reinstated in service, regardless of the outcome of the lawsuit or means of defense that may have been filed.
Amended paragraph DOF 29-01-2016
The federal, state and municipal authorities, in order to strengthen the social security system for staff of the Public Prosecutor's Office, police forces and forensic services, their families and dependents, will implement complementary social security systems.
Amended paragraph DOF 29-01-2016
The State shall provide active members of the Army, Air Force and Navy with the benefits referred to in subparagraph (f) of section XI of this paragraph, on similar terms and through the body responsible for the social security of the members of those institutions.
Reformed fraction DOF 10-11-1972, 08-03-1999, 18-06-2008
XIII bis. The central bank and the entities of the Federal Public Administration that are part of the Mexican banking system shall govern their labor relations with their workers by the provisions of this Section.
Section added DOF 17-11-1982. Reformed DOF 27-06-1990, 20-08-1993.
XIV. The law shall determine the positions that shall be considered positions of trust. The persons who perform them shall enjoy the salary protection measures and shall enjoy the benefits of social security.
Paragraph B with added fractions DOF 05-12-1960
Title Seven
General Preventions
Articles 124 to 134
Article 124 . Powers not expressly granted by this Constitution to federal officials are understood to be reserved to the States or to Mexico City, within the scope of their respective competences.
Article amended DOF 29-01-2016
Article 125 . No individual may hold at the same time two federal offices of popular election or one of the Federation and another of a federative entity that are also elected; but the appointee may choose between the two the one he wishes to hold.
Article amended DOF 29-01-2016
Article 126 . No payment may be made that is not included in the Budget or determined by subsequent law.
Original article DOF 05-02-1917
Article 127 . Public servants of the Federation, of the federal entities, of the municipalities and of the territorial districts of Mexico City, of their entities and agencies, as well as of their parastatal and paramunicipal administrations, public trusts, autonomous institutions and agencies, and any other public entity, shall receive adequate and unwaivable remuneration for the performance of their duties, employment, position or commission, which shall be proportional to their responsibilities.
Amended paragraph DOF 29-01-2016
Such remuneration shall be determined annually and equitably in the corresponding expenditure budgets, on the following bases:
I . Remuneration or remuneration is considered to be any payment in cash or in kind, including allowances, bonuses, gratuities, prizes, rewards, bonuses, incentives, commissions, compensations and any other, with the exception of support and expenses subject to verification that are specific to the performance of work and travel expenses for official activities.
II . No public servant may receive remuneration, in terms of the previous section, for the performance of his or her function, employment, position or commission, greater than that established for the President of the Republic in the corresponding budget.
III . No public servant may have a remuneration equal to or greater than his or her hierarchical superior; unless the surplus is a consequence of the performance of several public jobs, his or her remuneration is a product of general working conditions, derived from qualified technical work or specialization in his or her function, the sum of such remuneration shall not exceed half of the remuneration established for the President of the Republic in the corresponding budget.
IV . No retirements, pensions or retirement benefits, nor settlements for services rendered, nor loans or credits will be granted or covered, unless they are assigned by law, legislative decree, collective bargaining agreement or general working conditions. These concepts shall not be part of the remuneration. Security services required by public servants by reason of the position held are excluded.
V . Remunerations and their scales shall be public, and shall specify and differentiate all fixed and variable elements, both in cash and in kind.
VI. The Congress of the Union and the Legislatures of the federal entities, within the scope of their competencies, shall issue laws to give effect to the content of this article and the related constitutional provisions, and to criminally and administratively punish conduct that implies non-compliance or evasion by simulation of the provisions of this article.
Reformed fraction DOF 29-01-2016
Article amended DOF 28-12-1982, 10-08-1987, 24-08-2009
Article 128 . Every public official, without exception, before taking up his or her post, shall take an oath to uphold the Constitution and the laws emanating therefrom.
Original article DOF 05-02-1917
Article 129 . In time of peace, no military authority may exercise more functions than those which have an exact connection with military discipline. There shall only be fixed and permanent military command posts in the castles, fortresses, and warehouses which immediately depend on the Government of the Union; or in the camps, barracks, or depots which, outside the towns, it may establish for the stationing of troops.
Original article DOF 05-02-1917
Article 130 . The historical principle of the separation of the State and the churches guides the norms contained in this article. Churches and other religious groups shall be subject to the law.
It corresponds exclusively to the Congress of the Union to legislate on matters of public worship and churches and religious groups. The respective regulatory law, which shall be of public order, shall develop and specify the following provisions:
(a) Churches and religious groups shall have legal personality as religious associations once they have been registered. The law shall regulate such associations and determine the conditions and requirements for their constitutive registration.
(b) The authorities shall not intervene in the internal life of religious associations;
(c) Mexicans may exercise the ministry of any religion. Mexicans as well as foreigners must, for this purpose, meet the requirements established by law;
(d) Under the terms of the regulatory law, ministers of religion may not hold public office. As citizens, they shall have the right to vote, but not to be voted for. Those who have ceased to be ministers of religion in advance and in the manner established by law may vote.
(e) Ministers may not associate for political purposes or proselytize for or against any candidate, party or political association. Nor may they, in public meetings, in acts of worship or religious propaganda, or in publications of a religious nature, oppose the laws of the country or its institutions, or in any way offend the national symbols.
It is strictly forbidden to form any kind of political grouping whose title has any word or indication that relates it to any religious denomination. Meetings of a political nature may not be held in churches.
The simple promise to tell the truth and to fulfill the obligations contracted, subjects the promisor, in the event that he fails to do so, to the penalties established by law.
Ministers of worship, their ascendants, descendants, siblings and spouses, as well as the religious associations to which they belong, shall be incapable of inheriting by will from persons whom the ministers themselves have directed or assisted spiritually and who are not related to them within the fourth degree.
The acts of civil status of persons are the exclusive competence of the administrative authorities under the terms established by law, and shall have the force and validity attributed to them therein.
The federal authorities, the authorities of the federal entities, of the municipalities and of the territorial divisions of Mexico City, will have in this matter the powers and responsibilities determined by law.
Amended paragraph DOF 29-01-2016
Article amended DOF 28-01-1992
Article 131 . It is the exclusive power of the Federation to tax goods that are imported or exported, or that pass in transit through the national territory, as well as to regulate at all times and even prohibit, for security or police reasons, the circulation within the interior of the Republic of all kinds of effects, regardless of their origin.
Amended paragraph DOF 08-10-1974, 29-01-2016
The Executive may be empowered by the Congress of the Union to increase, decrease or suppress the quotas of export and import tariffs, issued by the Congress itself, and to create others; as well as to restrict and prohibit imports, exports and the transit of products, articles and effects, when it deems it urgent, in order to regulate foreign trade, the economy of the country, the stability of national production, or to carry out any other purpose, for the benefit of the country. The Executive, when sending to Congress the Fiscal Budget of each year, shall submit for its approval the use made of the power granted.
Paragraph added DOF 28-03-1951
Article 132 . Forts, barracks, warehouses and other real property destined by the Government of the Union for public service or common use, shall be subject to the jurisdiction of the Federal Powers under the terms established by the law to be issued by the Congress of the Union; but in order that those which it may hereafter acquire within the territory of any State shall likewise be subject to the jurisdiction of the Federal Powers, the consent of the respective legislature shall be necessary.
Original article DOF 05-02-1917
Article 133 . This Constitution, the laws of the Congress of the Union that emanate from it and all treaties that are in accordance with it, concluded and to be concluded by the President of the Republic, with the approval of the Senate, shall be the supreme law of the entire Union. The judges of each federative entity shall abide by said Constitution, laws and treaties, notwithstanding any provisions to the contrary that may exist in the Constitutions or laws of the federative entities.
Article reformed DOF 18-01-1934, 29-01-2016
Article 134 . The economic resources available to the Federation, the federal entities, the municipalities and the territorial districts of Mexico City shall be administered with efficiency, effectiveness, economy, transparency and honesty to meet the objectives for which they are intended.
Reformed paragraph DOF 07-05-2008, 29-01-2016
The results of the exercise of such resources shall be evaluated by the technical bodies established, respectively, by the Federation and the federal entities, in order to ensure that the economic resources are allocated in the respective budgets under the terms of the preceding paragraph. The foregoing is without prejudice to the provisions of articles 26, section C, 74, section VI and 79 of this Constitution.
Paragraph added DOF 07-05-2008. Amended DOF 29-01-2016
Acquisitions, leases and alienations of all types of goods, provision of services of any nature and the contracting of works shall be awarded or carried out through public tenders by means of a public call for bids so that solvent proposals may be freely submitted in sealed envelopes, which shall be publicly opened, in order to ensure the State the best conditions available in terms of price, quality, financing, opportunity and other relevant circumstances.
When the tenders referred to in the preceding paragraph are not suitable to ensure such conditions, the laws shall establish the bases, procedures, rules, requirements and other elements to prove economy, effectiveness, efficiency, impartiality and honesty that ensure the best conditions for the State.
The management of federal economic resources by the federal entities, the municipalities and the territorial districts of Mexico City will be subject to the bases of this article and the regulatory laws. The evaluation of the exercise of such resources will be carried out by the technical bodies of the federal entities referred to in the second paragraph of this article.
Amended paragraph DOF 07-05-2008, 29-01-2016
Public servants shall be responsible for compliance with these bases under the terms of Title Four of this Constitution.
Public servants of the Federation, the federal entities, the municipalities and the territorial districts of Mexico City, have at all times the obligation to apply impartially the public resources under their responsibility, without influencing the fairness of the competition between political parties.
Paragraph added DOF 13-11-2007. Amended DOF 29-01-2016
The propaganda, under any form of social communication, disseminated as such by public authorities, autonomous bodies, agencies and entities of the public administration and any other entity of the three orders of government, must be of an institutional nature and have informative, educational or socially oriented purposes. In no case shall this propaganda include names, images, voices or symbols that imply personal promotion of any public servant.
Paragraph added DOF 13-11-2007
The laws, in their respective areas of application, shall guarantee strict compliance with the provisions of the two preceding paragraphs, including the system of penalties that may be applicable.
Paragraph added DOF 13-11-2007
Article amended DOF 28-12-1982
Title Eight
Constitutional Amendments
Article 135
Article 135 . This Constitution may be added to or amended. For additions or amendments to become part of it, it is required that the Congress of the Union, by a two-thirds vote of the individuals present, agree to the amendments or additions, and that these be approved by the majority of the legislatures of the States and of Mexico City.
Amended paragraph (the last sentence is deleted, which is amended and added to become the second paragraph) DOF 21-10-1966. Amended DOF 29-01-2016
The Congress of the Union or the Permanent Commission, as the case may be, shall count the votes of the Legislatures and declare that the additions or amendments have been approved.
Paragraph added DOF 21-10-1966
Title Nine
On the Inviolability of the Constitution
Articles 136
Article 136 . This Constitution shall not lose its force and effect, even if by any rebellion its observance is interrupted. In the event that by any public disorder, a government contrary to the principles it sanctions is established, as soon as the people recover their liberty, its observance shall be reestablished, and in accordance with it and the laws that have been issued by virtue of it, those who have been in the government emanating from the rebellion, as well as those who have cooperated in it, shall be judged.
Original article DOF 05-02-1917
Transitory Articles
Article One . This Constitution shall be published immediately and with the greatest solemnity it shall be protested to keep it and have it kept throughout the Republic; but with the exception of the provisions relative to the elections of the Supreme Federal Powers and of the States, which shall enter into force immediately, it shall not come into force until May 1, 1917, on which date the Constitutional Congress shall be solemnly installed and the citizen who is elected in the next elections to exercise the office of President of the Republic shall take the oath of law.
In the elections to be called in accordance with the following Article, Section V of Article 82 shall not apply; nor shall it be an impediment to be a deputy or senator to be in active service in the Army, provided that one does not have command of a force in the respective electoral district; nor shall Secretaries and Undersecretaries of State be impeded from being elected to the next Congress of the Union, provided that they are definitively separated from their posts on the day the respective call is issued.
Original article DOF 05-02-1917
Article Second . The Head of the Executive Power of the Nation, immediately after the publication of this Constitution, shall call for elections of Federal Powers, ensuring that these are carried out in such a way that the Congress is constituted in due time, so that after the votes cast in the presidential elections have been counted, the person designated as President of the Republic may be declared, in order that the provisions of the preceding article may be complied with.
Original article DOF 05-02-1917
Article Third . The next constitutional period will begin to be counted, for Deputies and Senators, from the first of September next, and for the President of the Republic, from December 1, 1916.
Original article DOF 05-02-1917
Article Fourth . The Senators who in the next elections bear the even number shall only last two years in the exercise of their office, so that the Chamber of Senators may henceforth be renewed by half every two years.
Original article DOF 05-02-1917
Article Fifth . The Congress of the Union shall elect the Justices of the Supreme Court of Justice of the Nation in the month of May so that this high body may be solemnly installed on the first of June.
In these elections, Article 96 shall not apply with respect to the nomination of candidates by the local Legislatures; but those nominated shall be nominated only for the first two-year term provided for in Article 94.
Original article DOF 05-02-1917
Article Sixth . The Congress of the Union will have an extraordinary period of sessions that will begin on April 15, 1917, to set itself up as an Electoral College, to count the votes and qualify the elections of the President of the Republic, making the respective declaration; And furthermore, to issue the Organic Law of the Circuit and District Courts, the Organic Law of the Courts of the Federal District and Territories, so that the Supreme Court of Justice of the Nation may immediately make the appointments of Circuit Magistrates and District Judges, and the Congress of the Union itself the elections of Magistrates, Judges of First Instance of the Federal District and Territories; it shall also issue all the laws that the Executive Branch of the Nation may consult. The Circuit Magistrates and District Judges, and the Magistrates and Judges of the Federal District and Territories, shall take office before July 1, 1917, at which time those who have been appointed by the current Head of the Executive Branch of the Nation shall cease to hold office.
Original article DOF 05-02-1917
Article Seventh . For this time, the computation of the votes for Senators shall be made by the Computing Board of the First Electoral District of each State or Federal District, which shall be formed for the computation of the votes for Deputies, and the corresponding credentials shall be issued by said Board to the Senators-elect.
Original article DOF 05-02-1917
Article Eight . The Supreme Court of Justice of the Nation will resolve the amparos that are pending, subject to the current laws in force.
Original article DOF 05-02-1917
Article Ninth . The First Chief of the Constitutionalist Army, in charge of the Executive Power of the Union, is empowered to issue the electoral law, according to which the elections to integrate the Powers of the Union shall be held this time.
Original article DOF 05-02-1917
Article Tenth . Those who have been part of the Government that emerged from the rebellion, against the legitimate Government of the Republic, or who have cooperated with it, fighting afterwards with arms in hand, or serving in jobs or positions in the factions that have attacked the Constitutionalist Government, shall be judged by the laws in force, provided they have not been pardoned by the latter.
Original article DOF 05-02-1917
Article Eleventh . While the Congress of the Union and those of the States legislate on the agrarian and labor problems, the bases established by this Constitution for said laws shall be put into effect throughout the Republic.
Original article DOF 05-02-1917
Article Twelfth . Mexicans who have served in the Constitutionalist Army, their children and widows, and other persons who have rendered services to the cause of the Revolution or to Public Instruction, shall have preference for the acquisition of fractions referred to in Article 27 and shall be entitled to the discounts that the laws shall establish.
Original article DOF 05-02-1917
Article Thirteenth . The debts that workers have contracted with their employers, their families or intermediaries for work reasons up to the date of this Constitution shall be extinguished by operation of law.
Original article DOF 05-02-1917
Article Fourteenth . The Secretariat for Justice is hereby abolished.
Article amended DOF 08-07-1921
Article Fifteenth . The Head of the Executive Power of the Union is empowered to issue the law of civil responsibility applicable to the perpetrators, accomplices and accessories of the crimes committed against the constitutional order in the month of February 1913 and against the Constitutionalist Government.
Original article DOF 05-02-1917
Article Sixteenth . The Constitutional Congress in the ordinary period of its sessions, which will begin on September 1st of this year, will issue all the organic laws of the Constitution that have not already been issued in the extraordinary period referred to in the 6th transitory article, and will give preference to the laws related to Individual Guarantees, and articles 30, 32, 33, 35, 36, 38, 107 and the final part of article 111 of this Constitution.
Original article DOF 05-02-1917
Article Seventeenth . The Temples and other property that, according to section II of Article 27 of the Political Constitution of the United Mexican States that is reformed by this Decree, are property of the nation, will maintain their current legal status.
Article added DOF 07-04-1986. Repealed DOF 06-04-1990. Added DOF 28-01-1992
Article Eighteenth . Repealed.
Article added DOF 07-04-1986. Amended DOF 15-12-1986. Repealed DOF 06-04-1990
Article Nineteenth . Repealed.
Article added DOF 10-08-1987. Repealed DOF 06-04-1990
Given in the Hall of Sessions of the Constituent Congress in Querétaro, on the thirty-first day of January, nineteen hundred and seventeen.- President: Luis Manuel Rojas, Deputy for the State of Jalisco.- First Vice-President: Major General Candido Aguilar, Deputy for the State of Veracruz.- Second Vice-President: Brigadier General Salvador González Torres, Deputy for the State of Oaxaca.- Deputy for the State of Aguascalientes: Daniel Cervantes.- Deputy for the Territory of Baja California: Ignacio Roel.- Deputies for the State of Coahuila: M. Aguirre Berlanga, José Ma. Rodríguez, Jorge E. Von Versen, Manuel Cepeda Medrano, José Rodríguez González (Alternate).- Deputy for the State of Colima: Francisco Ramírez Villarreal.- Deputies for the State of Chiapas: Enrique Suárez, Lisandro López, Daniel A. Cepeda, Cristóbal Ll. y Castillo, J. Amilcar Vidal.- Deputy for the Edo. of Chihuahua: Manuel M. Prieto.- Deputies for the Edo. of Chihuahua: Manuel M. Prieto.- Deputies for the Edo. of Chihuahua: Manuel M. Prieto. Deputies for the Federal District: Gral. Ignacio L. Pesqueira, Lauro López Guerra, Gerzayn Ugarte, Amador Lozano, Félix F. Palavicini, Carlos Duplán, Rafael L. de los Ríos, Arnulfo Silva, Antonio Norzagaray, Ciro B. Ceballos, Alfonso Herrera, Román Rosas y Reyes (Alternate), Lic. Francisco Espinosa (Alternate).- Deputies for the State of Durango: Silvestre Dorador, Lic. Rafael Espeleta, Antonio Gutiérrez, Dr. Fernando Gómez Palacio, Alberto Terrones B., Jesús de la Torre. Ramón Frausto, Eng. Vicente M. Valtierra, José N. Macías, David Peñaflor, José Villaseñor, Santiago Manrique, Hilario Medina, Manuel G. Aranda, Enrique Colunga, Eng. Ignacio López, Dr. Francisco Díaz Barriga, Nicolás Cano, Lt. Gilberto N. Navarro, Luis Fernández Martínez, Luis M. Alcocer (Alternate), Eng. Carlos Ramírez Llaca.- Deputies for the State of Guerrero: Fidel Jiménez, Fidel Guillén, Francisco Figueroa.- Deputies for the State of Hidalgo: Antonio Guerrero, Leopoldo Ruiz, Lic. Alberto M. González, Rafael Vega Sánchez, Alfonso Cravioto, Matías Rodríguez, Ismael Pintado Sánchez, Lic. Refugio M. Mercado, Alfonso Mayorga. Deputies for the State of Jalisco: Marcelino Dávalos, Federico E. Ibarra, Manuel Dávalos Ornelas, Francisco Martín del Campo, Bruno Moreno, Gaspar Bolaños B., Juan de Dios Robledo, Ramón Castañeda y Castañeda, Jorge Villaseñor, Gen. Amado Aguirre, José I. Solórzano, Francisco Labastida Izquierdo, Ignacio Ramos Praslow, José Manzano, Joaquín Aguirre Berlanga, Brigadier General Esteban B. Calderón, Paulino Machorro y Narváez, Crnl. Sebastián Allende, Jr.- Deputies for the State of Mexico: Aldegundo Villaseñor, Fernando Moreno, Enrique O'Fárril, Guillermo Ordorica, José J. Reynoso, Antonio Aguilar, Juan Manuel Giffard, Manuel A. Hernández, Enrique A. Enríquez, Donato Bravo Izquierdo, Rubén Martí. Deputies for the State of Michoacán: José P. Ruíz, Alberto Peralta, Cayetano Andrade, Uriel Avilés, Gabriel R. Cervera, Onésimo López Couto, Salvador Alcaraz Romero, Manuel Martínez Solórzano, Martín Castrejón, Lic. Alberto Alvarado, José Alvarez, Rafael Márquez, José Silva Herrera, Amadeo Betancourt, Francisco J. Múgica, Jesús Romero Flores. Deputies for the State of Morelos: Antonio Garza Zambrano, Alvaro L. Alcázar, José L. Gómez.- Deputies for the State of Nuevo León: Manuel Amaya, Nicéforo Zambrano, Luis Ilizaliturri, Crnl. Ramón Gámez, Reynaldo Garza, Plutarco González, Lorenzo Sepúlveda (Alternate) - Deputies for the State of Oaxaca: Juan Sánchez, Leopoldo Payán, Lic. Manuel Herrera, Lic. Porfirio Sosa, Lic, Crisóforo Rivera Cabrera, Crnl. José F. Gómez, Major Luis Espinosa.- Deputies for the State of Puebla: Dr. Salvador R. Guzmán, Lic. Rafael P. Cañete, Miguel Rosales, Gabriel Rojana, Lic. David Pastrana Jaimes, Froylán C. Manjarrez, Lt. Crnl. Antonio de la Barrera, Major José Rivera, Crnl. Epigmenio A. Martinez, Pastor Rouaix, Lt. Federico Dinorín, Gen. Gabino Bandera Mata, Crnl. Porfirio del Castillo, Crnl. Dr. Gilberto de la Fuente, Alfonso Cabrera, José Verástegui.- Deputies for the State of Querétaro: Juan N. Frías, Ernesto Perrusquía.- Deputies for the State of Querétaro: Juan N. Frías, Ernesto Perrusquía. Deputies for the State of San Luis Potosí: Samuel M. Santos, Dr. Arturo Méndez, Rafael Martínez Mendoza, Rafael Nieto, Dionisio Zavala, Gregorio A. Tello, Rafael Curiel, Cosme Dávila (Alternate).- Deputies for the State of Sinaloa: Pedro R. Zavala, Andrés Magallón, Carlos M. Ezquerro, Cándido Avilés, Emiliano C. García.- Deputies for the State of Sinaloa: Pedro R. Zavala, Andrés Magallón, Carlos M. Ezquerro, Cándido Avilés, Emiliano C. García. Deputies for the State of Sonora: Luis G. Monzón, Ramón Ross.- Deputies for the State of Tabasco: Lic. Rafael Martínez de Escobar, Santiago Ocampo, Carmen Sánchez Magallanes,- Deputies for the State of Tamaulipas: Crnl. Pedro A. Chapa, Ceferino Fajardo, Fortunato de la Híjar, Emiliano Próspero Nafarrete.- Deputies for the Territory of Tepic: Lt. Crnl. Cristóbal Limón, Major Marcelino Sedano, Juan Espinosa Bávara.- Deputies for the State of Tlaxcala: Antonio Hidalgo, Ascensión Tépal, Modesto González y Galindo.- Deputies for the Edo. of Veracruz: Saúl Rodiles, Enrique Meza, Benito Ramírez G., Eliseo L. Céspedes, Adolfo G. García, Josafat F. Márquez, Alfredo Solares, Alberto Román, Silvestre Aguilar, Angel S. Juarico, Heriberto Jara, Victorio N. Góngora, Carlos L. Gracidas (Alternate), Marcelo Torres, Juan de Dios Palma, Galdino H. Casados, Fernando A. Pereyra. Deputies for the State of Yucatán: Enrique Recio, Miguel Alonso Romero, Héctor Victoria A.- Deputies for the State of Zacatecas: Adolfo Villaseñor, Julián Adame, Jairo R. Dyer, Samuel Castañón, Andrés L. Arteaga, Antonio Cervantes, Juan Aguirre Escobar.- Secretary: Fernando Lizardi, Deputies for the State of Zacatecas: Adolfo Villaseñor, Julián Adame, Jairo R. Dyer, Samuel Castañón, Andrés L. Arteaga, Antonio Cervantes, Juan Aguirre Escobar. Secretary: Fernando Lizardi, Deputy for the State of Guanajuato.- Secretary: Ernesto Meade Fierro, Deputy for the State of Coahuila.- Secretary: José M. Truchuelo, Deputy for the State of Querétaro.- Secretary: Antonio Ancona Albertos, Deputy for the State of Yucatán. Assistant Secretary: Dr. Jesús López Lira, Representative for the State of Guanajuato; - Assistant Secretary: Fernando Castaños, Representative for the State of Durango; - Assistant Secretary: Juan de Dios Bojórquez, Representative for the State of Sonora; - Assistant Secretary: Flavio A. Bórquez, Representative for the State of Sonora.
Therefore, I command that it be printed, circulated and published by solemn proclamation and proclamation throughout the Republic for due compliance.
Given at the National Palace in the City of Querétaro, on February 5, 1917.- V. CARRANZA .- Rubric.
To Mr. Manuel Aguirre Berlanga, Undersecretary in charge of the Office of the Interior, Mexico.
Which I am pleased to inform you of for publication and other purposes.
Constitution and Reforms.- Mexico, February fifth, nineteen hundred and seventeen-seven.- AGUIRRE BERLANGA.