Indian Council of World Affairs

On 15 March 2026, Kazakhstan formally ratified a new constitution through referendum, with 87.15 per cent of voters in favour and 73.12 per cent voter turnout. Following the referendum, President Tokayev signed the constitution, which is scheduled to take effect on July 1, 2026.[i] The key reforms include merging parliamentary bodies, restoring the vice presidency and redistributing powers among government branches to modernise the political system. The new constitutional framework marks a shift from Kazakhstan’s 1995 Constitution, based on a super-presidential system, to a more balanced presidential republic with robust parliamentary authority.[ii]

Constitutional Drafting Process

Kazakhstan’s constitutional reform initiative commenced on 8 September 2025, when President Tokayev, during his annual address to the nation, announced plans for a unicameral parliament. This announcement marked a shift from gradual post-independence amendments to a full restructuring of the legal system. Building on this, the main proposals were presented at a National Kurultai on 20 January 2026, prompting further discussion.[iii]

Expanding upon these discussions, a Constitutional Commission with 130 members representing all regions and groups was established in January 2026. It included members of the National Kurultai, legal experts, government officials, media representatives, chairs of Maslikhats (local executive bodies) and civil society. Meanwhile, a separate working group on parliamentary reform, formed in October 2025, spent six months reviewing the parliamentary system. Overall, the Commission considered proposals affecting 77 articles — about 84 per cent of the Constitution.[iv] Given the broad scope of the changes, the decision was made to draft a new constitution rather than amend the existing one. Subsequently, the Constitutional Court released the first draft on 31 January 2026, followed by a final version of 96 articles for public review on 12 February 2026.[v] The Constitution was officially adopted on 15 March now celebrated as Constitution Day. This marked the end of a long reform process that had begun with President Tokayev’s initiatives after the 2022 mass protests and was completed with the 2026 referendum.

Key Constitutional Changes

1.  Deconcentration of Presidential Power

The most consequential shift in the new constitution, perhaps, is the move away from a super-presidential model of governance. The new system creates a presidential republic with a parliament that is significantly more authoritative and influential. It is designed to redistribute powers, strengthen checks and balances, and improve institutional effectiveness. The new constitution introduces a seven-year presidential term with no right to re-election. It also limits the President’s powers. The President is restricted from being a member of a political party. This prohibition extends to chairs and judges of the Constitutional Court, the Supreme Court and other courts, as well as leaders of the Central Electoral Commission and the Supreme Audit Chamber. The constitution bans the President’s close relatives from holding senior positions in the political civil service or the quasi-public sector. At the local level, some presidential powers are reduced and transferred to regional akims (governors). This provision strengthens the role of maslikhats (local representative bodies).[vi]

2.  Strengthening Parliament and Local Governance

The published draft of the new constitution proposes a transition to a unicameral (single-chamber) parliament named Kurultai (Council) to facilitate the redistribution of power. The current bicameral system, comprising the Senate and Mazhilis, will be replaced by a reconfigured lower house following the abolition of the Senate. This reform aims to streamline the legislative process. According to the new constitution, the Kurultai will consist of 145 deputies, all elected through a proportional electoral system for five-year terms. The Kurultai holds the following substantially expanded powers compared to the previous parliament:

• On the initiative of at least one-fifth of deputies, by a majority vote, a vote of no confidence in the government can be initiated.
• At the initiative of at least one-third of deputies, it may hear reports from the government members; by a two-thirds supermajority, it may request the President to dismiss a minister for failure to implement laws, and in such a case, the President is constitutionally obligated to comply.
• Kurultai consent is required for the appointment of the Vice President and the Prime Minister, as well as for presidential appointments to the Constitutional Court, the Central Election Commission and the Higher Audit Chamber.

Executive Branch: President and Vice President

For the first time, the Constitution establishes a Vice President, appointed by the President with the Kurultai's consent; the Vice President’s powers are determined by the President. The role prohibits party membership, holding elected office, paid employment and business activity. The President nominates a Prime Minister candidate after consulting with party factions at the Kurultai. The Prime Minister is appointed with the Kurultai's consent. Government members are appointed by the Prime Minister upon submission, with prior consultation with the Kurultai. The President retains direct appointment authority over the Ministers of Foreign Affairs, Defence and Internal Affairs. The succession order is clearly defined: Vice President → Chair of the Kurultai → Prime Minister.[vii]

Other Significant Changes

The new constitution establishes a new People’s Council of Kazakhstan as the highest nationwide consultative body, representing the interests of the people. The People’s Council is empowered to shape domestic policy through recommendations, submit draft laws to the Kurultai and initiate nationwide referendums, with additional powers to be defined by constitutional law. For the first time in Kazakhstan’s constitutional history, human rights and freedoms are declared in the Preamble as the state's highest priority, serving as the guiding principle of the entire constitutional text.[viii] President Tokayev has stated that Kazakhstan is building a unified system that guarantees the protection of human rights and clearly defines the means to achieve them. In recognition of the digital age, the new Constitution includes explicit guarantees on personal data protection, covering unlawful collection, processing, storage and use of data — including through digital technologies. It also protects the confidentiality of communications and financial information via digital means, with restrictions permissible only as provided by law.

Conclusion

The new constitution seeks to balance the branches of power. It aims to boost political competition, provide equal opportunities for all parties, and ensure citizens' choices remain independent and impartial. The constitution also modernises the electoral process and marks a major step in Kazakhstan’s shift to a new model for government formation and interaction. It seeks to foster a new political culture and strengthen civil society.

By restructuring the administrative-territorial framework, decentralising authority and empowering local governments, it aims to meet citizens’ aspirations. Kazakhstan’s new constitution is more than a legal framework — it marks the country’s shift from a super-presidential system to a balanced republic. It aims to protect human rights, address digital-era rights and promote human-centred development. The constitution declares that Kazakhstan is undergoing major institutional change, and President Tokayev calls this the completion of Kazakhstan’s transition to a new constitutional model.

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*Dr. Punit Gaur, Research Fellow, Indian Council of World Affairs, New Delhi.
Disclaimer: The views expressed are personal.

End Notes

[i] Astana Times “Kazakhstan to mark March 15 as Constitution Day following referendum”, March 16, 2026, https://astanatimes.com/2026/03/kazakhstan-to-mark-march-15-as-constitution-day-following-referendum/. Accessed on 17 March 2026

[ii] Chatham House, “Kazakhstan referendum: The new constitution demonstrates a diminishing interest in Western values”, March 2026, https://www.chathamhouse.org/2026/03/kazakhstan-referendum-new-constitution-demonstrates-diminishing-interest-western-values. Accessed on 20 March 2026

[iii] Interparliamentary Assembly: Main Cooperation Platform for the CIS Parliamentarians, “Kurultai, People’s Council, and Vice President: How System of Government in Kazakhstan to Change”, January 20, 2026, https://iacis.ru/News/Parliaments/Kurultai_Peoples_Council_and_Vice_President_How_System_of_Government_in_Kazakhstan_to_Change. Accessed on 25 March 2026

[iv] Verfassungsblog, “New old Kazakhstan: Assessing Kazakhstan’s proposed constitutional changes” March 12, 2026, https://verfassungsblog.de/kazakhstan-constitution/. Accessed on 5 April 2026

[v] Astana Times, “Draft Constitution Sets July 1 Entry into Force if Approved”, February 12, 2026, https://astanatimes.com/2026/02/draft-constitution-sets-july-1-entry-into-force-if-approved/.  Accessed on 2 April 2026

[vi] Gaur P. (2022), ‘Kazakhstan Constitutional Reform: A Way Forward’, Dialogue, vol. 23, issue 3-4, pp. 93-100.

[vii] The times of Central Asia, “Kazakhstan’s Draft Constitution and the Reordering of State Authority”, February 05, 2026, https://timesca.com/kazakhstans-draft-constitution-and-the-reordering-of-state-authority/. Accessed on 27 March 2026

[viii] Ibid.