Bahrain Approves Amendments to Judicial Authority Law on Nationality

A new decree-law in Bahrain classifying all nationality-related matters as “acts of sovereignty” and placing them outside the jurisdiction of the courts has received final approval from the Shura Council.

The amendments, introduced through Decree-Law No. 13 of 2024, revise Article Seven of the Judicial Authority Law and reinforce the government’s exclusive authority over citizenship matters, including the granting, withdrawal, revocation and restoration of nationality.

Members of the council said the changes establish a clear legal framework recognising nationality issues as matters directly linked to state sovereignty, national security and social stability, rather than ordinary administrative decisions subject to judicial review.

The decree-law was originally issued on August 27, 2024 during the parliamentary recess under Article 38 of the Constitution and was later referred to the legislature within the required constitutional timeframe. It also repeals Article 11 (bis) of the 1963 Nationality Law, which had previously required the Interior Ministry to participate in nationality-related court proceedings.

Lawmakers and committee members supporting the amendments argued that nationality decisions fall within the executive authority’s sovereign powers and align with similar legal approaches adopted across GCC countries. They also referred to a 2020 Constitutional Court ruling affirming that courts cannot intervene in political or sovereign acts assigned to other state authorities.

The decree-law had earlier been approved by MPs during a parliamentary session held on April 28.

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