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Iran's Constitution
Adopted on: 24 Oct 1979 }
{ Effective since: 3 Dec 1979 }
{ Amended on: 28 July 1989 }
{ ICL Document Status: 1992 }
{
Editor's Note
The original raw text is based on a translation
provided by the Iranian embassy in London. It has
been extensively changed in 1994 and 1995 to adapt
it to ICL standards. }
Preamble
The Constitution of the Islamic Republic of Iran
advances the cultural, social, political, and
economic institutions of Iranian society based on
Islamic principles and norms, which represent an
honest aspiration of the Islamic Ummah. This
aspiration was exemplified by the nature of the
great Islamic Revolution of Iran, and by the course
of the Muslim people's struggle, from its beginning
until victory, as reflected in the decisive and
forceful calls raised by all segments of the
populations. Now, at the threshold of this great
victory, our nation, with all its beings, seeks its
fulfillment.
The basic characteristic of this
revolution, which distinguishes it from other
movements that have taken place in Iran during the
past hundred years, is its ideological and Islamic
nature. After experiencing the anti-despotic
constitutional movement and the anti-colonialist
movement centered on the nationalization of the oil
industry, the Muslim people of Iran learned from
this costly experience that the obvious and
fundamental reason for the failure of those
movements was their lack of an ideological basis.
Although the Islamic line of thought and the
direction provided by militant religious leaders
played an essential role in the recent movements,
nonetheless, the struggles waged in the course of
those movements quickly fell into stagnation due to
departure from genuine Islamic positions. Thus it
was that the awakened conscience of the nation,
under the leadership of Imam Khumayni, came to
perceive the necessity of pursuing a genuinely
Islamic and ideological line in its struggles. And
this time, the militant 'ulama' of the country, who
had always been in the forefront of popular
movements, together with the committed writers and
intellectuals, found new impetus by following his
leadership.
The Dawn of the Movement
The devastating protest of Imam Khumayni against the
American conspiracy known as the "White
Revolution," which was a step intended to
stabilize the foundations of despotic rule and to
reinforce the political, cultural, and economic
dependence of Iran on world imperialism, brought
into being a united movement of the people and,
immediately afterwards, a momentous revolution of
the Muslim nation in June 1963. Although this
revolution was drowned in blood, in reality it
heralded the beginning of the blossoming of a
glorious and massive uprising, which confirmed the
central role of Imam Khumayni as an Islamic leader.
Despite his exile from Iran after his protest
against the humiliating law of capitulation (which
provided legal immunity for American advisers), the
firm bond between the Imam and the people endured,
and the Muslim nation, particularly committed
intellectuals and militant 'ulama', continued their
struggle in the face of banishment and imprisonment,
torture and execution.
Throughout this time, the conscious
and responsible segment of society was bringing
enlightenment to the people from the strongholds of
the mosques, centers of religious teaching, and
universities. Drawing inspiration from the
revolutionary and fertile teachings of Islam, they
began the unrelenting yet fruitful struggle of
raising the level of ideological awareness and
revolutionary consciousness of the Muslim people.
The despotic regime which had begun the suppression
of the Islamic movement with barbaric attacks on the
Faydiyyah Madrasah, Tehran University, and all other
active centers of revolution, in an effort to evade
the revolutionary anger of the people, resorted to
the most savage and brutal measures. And in these
circumstances, execution by firing squads, endurance
of medieval tortures, and long terms of imprisonment
were the price our Muslim nation had to pay to prove
its firm resolve to continue the struggle. The
Islamic Revolution of Iran was nurtured by the blood
of hundreds of young men and women, infused with
faith, who raised their cries of "Allahu Akbar"
at daybreak in execution yards, or were gunned down
by the enemy in streets and marketplaces. Meanwhile,
the continuing declarations and messages of the Imam
that were issued on various occasions, extended and
deepened the consciousness and determination of the
Muslim nation to the utmost.
Islamic Government
The plan of the Islamic government as proposed by
Imam Khumayni at the height of the period of
repression and strangulation practiced by the
despotic regime, produced a new specific, and
streamline motive for the Muslim people, opening up
before them the true path of Islamic ideological
struggle, and giving greater intensity to the
struggle of militant and committed Muslims both
within the country and abroad.
The movement continued on this course
until finally popular dissatisfaction and intense
rage of the public caused by the constantly
increasing repression at home, and the projection of
the struggle at the international level after
exposure of the regime by the 'ulama' and militant
students, shook the foundations of the regime
violently. The regime and its sponsors were
compelled to decrease the intensity of repression
and to "liberalize" the political atmosphere
of the country. This, they imagined, would serve as
a safety valve, which would prevent their eventual
downfall. But the people, aroused, conscious, and
resolute under the decisive and unfaltering
leadership of the Imam, embarked on a triumphant,
unified, comprehensive, and countrywide uprising.
The Wrath of the People
The publication of an outrageous article meant to
malign the revered 'ulama' and in particular Imam
Khumayni on 7 Jan 1978 by the ruling regime
accelerated the revolutionary movement and caused an
outburst of popular outrage across the country. The
regime attempted to quiet the heat of the people's
anger by drowning the protest and uprising in blood,
but the bloodshed only quickened the pulse rate of
the Revolution. The seventh-day and fortieth-day
commemorations of the martyrs of the Revolution,
like a series of steady heartbeats, gave greater
vitality, intensity, vigor, and solidarity to this
movement all over the country. In the course of this
popular movement, the employees of all government
establishments took an active part in the effort to
overthrow the tyrannical regime by calling a general
strike and participating in street demonstrations.
The widespread solidarity of men and women of all
segments of society and of all political and
religious factions, played a clearly determining
role in the struggle. Especially the women were
actively and massively present in a most conspicuous
manner at all stages of this great struggle. The
common sight
of mothers with infants in their arms rushing
towards the scene of battle and in front of the
barrels of machine-guns indicated the essential and
decisive role played by this major segment of
society in the struggle.
The Price the Nation Paid
After slightly more than a year of continuous and
unrelenting struggle, the sapling of the evolution,
watered by the blood of more than 60,000 martyrs and
100,000 wounded and disabled, not to mention
property damage, came to bear fruit amidst the cries
of "Independence! Freedom! Islamic government!"
This great movement, which attained victory through
reliance upon faith, unity, and the decisiveness of
its leadership at every critical and sensitive
juncture, as well as the self-sacrificing spirit of
the people, succeeded in upsetting all the
calculations of imperialism and destroying all its
connections and institutions, thereby opening a new
chapter in the history of all-embracing popular
revolutions of the world.
On 12 and 13 Feb 1979, the world
witnessed the collapse of the monarchical regime.
Domestic tyranny and foreign domination, both of
which were based upon it, were shattered. This great
success proved to be the vanguard of Islamic
government -- a long-cherished desire of the Muslim
people -- and brought with it the glad tidings of
final victory.
Unanimously, the Iranian people
declared their final and firm decision, in the
referendum on the Islamic Republic, to bring about a
new political system, that of the Islamic Republic.
A majority of 98.2% of the people voted for this
system. The Constitution of the Islamic Republic of
Iran, setting forth as it does the political,
social, cultural, and economic institutions and
their relations that are to exist in society, must
now provide for the consolidation of the foundations
of Islamic government, and propose the plan of a new
system of government to be erected on the ruins of
the previous order.
The Form of Government in Islam
In the view of Islam, government does not derive
from the interests of a class, nor does it serve the
domination of an individual or a group. Rather, it
represents the fulfillment of the political ideal of
a people who bear a common faith and common outlook,
taking an organized form in order to initiate the
process of intellectual and ideological evolution
towards the final goal, i.e., movement towards
Allah. Our nation, in the course of its
revolutionary developments, has cleansed itself of
the dust and impurities that accumulated during the
past and purged itself of foreign ideological
influences, returning to authentic intellectual
standpoints and world-view of Islam. It now intends
to establish an ideal and model society on the basis
of Islamic norms. The mission of the Constitution is
to realize the ideological objectives of the
movement and to create conditions conducive to the
development of man in accordance with the noble and
universal values of Islam.
With due attention to the Islamic
content of the Iranian Revolution, the Constitution
provides the necessary basis for ensuring the
continuation of the Revolution at home and abroad.
In particular, in the development of international
relations, the Constitution will strive with other
Islamic and popular movements to prepare the way for
the formation of a single world community (in
accordance with the Koranic verse "This your
community is a single community, and I am your Lord,
so worship Me" [21:92]), and to assure the
continuation of the struggle for the liberation of
all deprived and oppressed peoples in the world.
With due attention to the essential
character of this great movement, the Constitution
guarantees the rejection of all forms of
intellectual and social tyranny and economic
monopoly, and aims at entrusting the destinies of
the people to the people themselves in order to
break completely with the system of oppression.
(This is in accordance with the Koranic verse "He
removes from them their burdens an the fetters that
were upon them" [7:157]).
In creating, on the basis of
ideological outlook, the political infrastructures
and institutions that are the foundation of society,
the righteous will assume the responsibility of
governing and adMinistering the country (in
accordance with the Koranic verse "Verily My
righteous servants shall inherit the earth"
[21:105]). Legislation setting forth regulations for
the administration of society will revolve around
the Koran and the Sunnah. Accordingly, the exercise
of meticulous and earnest supervision by just,
pious, and committed scholars of Islam is an
absolute necessity. In addition, the aim of
government is to foster the growth of man in such a
way that he progresses towards the establishment of
a Divine order (in accordance with the Koranic
phrase "And toward God is the journeying" [3
28]); and to create favorable conditions for the
emergence and blossoming of man's innate capacities,
so that the theomorphic dimensions of the human
being are manifested (in accordance with the
injunction of the Prophet (S) "Mould yourselves
according to the Divine morality"); this goal
cannot be attained without the active and broad
participation of all segments of society in the
process of social development.
With due attention to this goal, the
Constitution provides the basis of such
participation by all members of society at all
stages of the political decision-making process on
which the destiny of the country depends. In this
way during the course of human development towards
perfection, each individual will himself be involved
in, and responsible for the growth, advancement, and
leadership of society. Precisely in this lies the
realization of the holy government upon earth (in
accordance with the Koranic verse "And we wish to
show favor to those who have been oppressed upon
earth, and to make them leaders and the inheritors."
[28:5]).
The Principles of Governance of the
Just Holy Person In keeping with the principles of
governance and the perpetual necessity of
leadership, the Constitution provides for the
establishment of leadership by a holy person
possessing the necessary qualifications and
recognized as leader by the people (this is in
accordance with the saying "The direction of
affairs is in the hands of those who are learned
concerning God and are trustworthy in matters
pertaining to what He permits and forbids").
Such leadership will prevent any deviation by the
various organs of State from their essential Islamic
duties.
The
Economy is a Means, Not an End
In strengthening the foundations of the economy, the
fundamental consideration will be fulfillment of the
material needs of man in the course of his overall
growth and development. This principle contrasts
with other economic systems, where the aim is
concentration and accumulation of wealth and
maximization of profit. In materialist schools of
thought, the economy represents an end in itself, so
that it comes to be a subversive and corrupting
factor in the course of man's development. In Islam,
the economy is a means, and all that is required of
a means is that it should be an efficient factor
contributing to the attainment of the ultimate goal.
From this viewpoint, the economic
program of Islam consists of providing the means
needed for the emergence of the various creative
capacities of the human being. Accordingly, it is
the duty of the Islamic government to furnish all
citizens with equal and appropriate opportunities,
to provide them with work, and to satisfy their
essential needs, so that the course of their
progress may be assured.
Woman in
the Constitution
Through the creation of Islamic social
infrastructures, all the elements of humanity that
served the multifaceted foreign exploitation shall
regain their true identity and human rights. As a
part of this process, it is only natural that women
should benefit from a particularly large
augmentation of their rights, because of the greater
oppression that they suffered under the old regime.
The family is the fundamental unit of
society and the main center for the growth and
edification of human being. Compatibility with
respect to belief and ideal, which provides the
primary basis for man's development and growth, is
the main consideration in the establishment of a
family. It is the duty of the Islamic government to
provide the necessary facilities for the attainment
of this goal. This view of the family unit delivers
woman from being regarded as an object or instrument
in the service of promoting consumerism and
exploitation. Not only does woman recover thereby
her momentous and precious function of motherhood,
rearing of ideologically committed human beings, she
also assumes a pioneering social role and becomes
the fellow struggler of man in all vital areas of
life. Given the weighty responsibilities that woman
thus assumes, she is accorded in Islam great value
and nobility.
An Ideological Army
In the formation and equipping of the country's
defence forces, due attention must be paid to faith
and ideology as the basic criteria. Accordingly, the
Army of the Islamic Republic of Iran and the Islamic
Revolutionary Guards Corps are to be organized in
conformity with this goal, and they will be
responsible not only for guarding and preserving the
frontiers of the country, but also for fulfilling
the ideological mission of jihad in God's way; that
is, extending the sovereignty of God's law
throughout the world (this is in accordance with the
Koranic verse "Prepare against them whatever
force you are able to muster, and strings of horses,
striking fear into the enemy of God and your enemy,
and others besides them" [8:60]).
The Judiciary in the Constitution
The judiciary is of vital importance in the context
of safeguarding the rights of the people in
accordance with the line followed by the Islamic
movement, and the prevention of deviations within
the Islamic nation. Provision has therefore been
made for the creation of a judicial system based on
Islamic justice and operated by just judges with
meticulous knowledge of the Islamic laws. This
system, because of its essentially sensitive nature
and the need for full ideological conformity, must
be free from every kind of unhealthy relation and
connection (this is in accordance with the Koranic
verse "When you judge among the people, judge
with justice" [4:58]).
Executive
Power
Considering the particular importance of the
executive power in implementing the laws and
ordinances of Islam for the sake of establishing the
rule of just relations over society, and
considering, too, its vital role in paving the way
for the
attainment of the ultimate goal of life, the
executive power must work toward the creation of an
Islamic society. Consequently, the confinement of
the executive power within any kind of complex and
inhibiting system that delays or impedes the
attainment of this goal is rejected by Islam.
Therefore, the system of bureaucracy, the result and
product of old forms of government, will be firmly
cast away, so that an executive system that
functions efficiently and swiftly in the fulfillment
of its administrative commitments comes into
existence.
Mass-Communication Media
The mass-communication media, radio and television,
must serve the diffusion of Islamic culture in
pursuit of the evolutionary course of the Islamic
Revolution. To this end, the media should be used as
a forum for healthy encounter of different ideas,
but they must strictly refrain from diffusion and
propagation of destructive and anti-Islamic
practices.
It is incumbent on all to adhere to
the principles of this Constitution, for it regards
as its highest aim the freedom and dignity of the
human race and provides for the growth and
development of the human being. It is also necessary
that the Muslim people should participate actively
in the construction of Islamic society by selecting
competent and believing officials and keeping close
and constant watch on their performance. They may
then hope for success in building an ideal Islamic
society that can be a model for all people of the
world and a witness to its perfection (in accordance
with the Koranic verse "Thus We made you a median
community, that you might be witnesses to men"
[2:143]).
Representatives
The Assembly of Experts, composed of representatives
of the people, completed its task of framing the
Constitution, on the basis of the draft proposed by
the government as well as all the proposals received
from different groups of the people, in one hundred
and seventy-five articles arranged in twelve
chapters, in 1979, and in accordance with the aims
and aspirations set out above, with the hope that
this century will witness the establishment of a
universal holy government and the downfall of all
others.
Chapter I
General Principles
Article 1
[Form of Government]
The form of government of Iran is that of an Islamic
Republic, endorsed by the people of Iran on the
basis of their longstanding belief in the
sovereignty of truth and Koranic justice, in the
referendum of 29 and 30 March 1979, through the
affirmative vote of a majority of 98.2% of eligible
voters, held after the victorious Islamic Revolution
led by Imam Khumayni.
Article 2
[Foundational Principles]
The Islamic Republic is a system based on belief in:
1) the One God (as stated in the phrase "There is
no god except Allah"), His exclusive sovereignty
and right to legislate, and the necessity of
submission to His commands; 2) Divine revelation and
its fundamental role in setting forth the laws;
3) the return to God in the Hereafter, and the
constructive role of this belief in the course of
man's ascent towards God;
4) the justice of God in creation and legislation;
5) continuous leadership and perpetual guidance, and
its fundamental role in ensuring the uninterrupted
process of the revolution of Islam; 6) the exalted
dignity and value of man, and his freedom coupled
with responsibility before God; in which equity,
justice, political, economic, social, and cultural
independence, and national solidarity are secured by
recourse to: a) continuous leadership of the holy
persons, possessing necessary qualifications,
exercised on the basis of the Koran and the Sunnah,
upon all of whom be peace;
b) sciences and arts and the most advanced results
of human experience, together with the effort to
advance them further;
c) negation of all forms of oppression, both the
infliction of and the submission to it, and of
dominance, both its imposition and its acceptance.
Article 3
[State Goals]
In order to attain the objectives specified in
Article
2, the
government of the Islamic Republic of Iran has the
duty of directing all its resources to the following
goals: 1) the creation of a favorable environment
for the growth of moral virtues based on faith and
piety and the struggle against all forms of vice and
corruption;
2) raising the level of public awareness in all
areas, through the proper use of the press, mass
media, and other means;
3) free education and physical training for everyone
at all levels, and the facilitation and expansion of
higher education;
4) strengthening the spirit of inquiry,
investigation, and innovation in all areas of
science, technology, and culture, as well as Islamic
studies, by establishing research centers and
encouraging researchers;
5) the complete elimination of imperialism and the
prevention of foreign influence;
6) the elimination of all forms of despotism and
autocracy and all attempts to monopolize power;
7) ensuring political and social freedoms within the
framework of the law;
8) the participation of the entire people in
determining their political, economic, social, and
cultural destiny;
9) the abolition of all forms of undesirable
discrimination and the provision of equitable
opportunities for all, in both the material and the
intellectual spheres;
10) the creation of a correct administrative system
and elimination of superfluous government
organizations;
11) all round strengthening of the foundations of
national defence to the utmost degree by means of
universal military training for the sake of
safeguarding the independence, territorial
integrity, and the Islamic order of the country;
12) the planning of a correct and just economic
system, in accordance with Islamic criteria, in
order to create welfare, eliminate poverty, and
abolish all forms of deprivation with respect to
food, housing, work, health care, and the provision
of social insurance for all;
13) the attainment of self-sufficiency in
scientific, technological, industrial, agricultural,
and military domains, and other similar spheres; 14)
securing the multifarious rights of all citizens,
both women and men, and providing legal protection
for all, as well as the equality of all before the
law;
15) the expansion and strengthening of Islamic
brotherhood and public cooperation among all the
people;
16) framing the foreign policy of the country on the
basis of Islamic criteria, fraternal commitment to
all Muslims, and unsparing support to the freedom
fighters of the world.
Article 4
[Islamic Principle]
All civil, penal financial, economic,
administrative, cultural, military, political, and
other laws and regulations must be based on Islamic
criteria. This principle applies absolutely and
generally
to all articles of the Constitution as well as to
all other laws and regulations, and the wise persons
of the Guardian Council are judges in this matter.
Article 5
[Office of Religious Leader]
During the occultation of the Wali al-'Asr (may God
hasten his reappearance), the leadership of the
Ummah devolve upon the just and pious person, who is
fully aware of the circumstances of his age,
courageous, resourceful, and possessed of
administrative ability, will assume the
responsibilities of this office in accordance with
Article
107.
Article 6
[Administration of Affairs]
In the Islamic Republic of Iran, the affairs of the
country must be administered on the basis of public
opinion expressed by the means of elections,
including the election of the President, the
representatives of the Islamic Consultative
Assembly, and the members of councils, or by means
of referenda in matters specified in other articles
of this Constitution.
Article 7
[Consultative Bodies]
(1) In accordance with the command of the Koran
contained in the verse "Their affairs are by
consultations among them" [42:38] and
"Consult them in affairs" [3:159], consultative
bodies -- such as the Islamic Consultative Assembly,
the Provincial Councils, and the City, Region,
District, and Village Councils and the likes of them
-- are the decision-making and administrative organs
of the country.
(2) The nature each of these councils, together with
the manner of their formation, their jurisdiction,
and scope of their duties and functions, is
determined by the Constitution and laws derived from
it.
Article 8
[Community Principle]
In the Islamic Republic of Iran, "al-'amr bilma'ruf
wa al-nahy 'an al-munkar" is a universal and
reciprocal duty that must be fulfilled by the people
with respect to one another, by the government with
respect to the people, and by the people with
respect to the government. The conditions, limits,
and nature of this duty will be specified by law.
(This is in accordance with the Koranic verse
"The believers, men and women, are guardians of one
another; they enjoin the good and forbid the evil."
[9:71])
Article 9
[Independence Principle]
In the Islamic Republic of Iran, the freedom,
independence, unity, and territorial integrity of
the country are inseparable from one another, and
their preservation is the duty of the government and
all individual citizens. No individual, group, or
authority, has the right to infringe in the
slightest way upon the political, cultural,
economic, and military independence or the
territorial integrity of Iran under the pretext of
exercising freedom. Similarly, no authority has the
right to abrogate legitimate freedoms, not even by
enacting laws and regulations for that purpose,
under the pretext of preserving the independence and
territorial integrity of the country.
Article 10
[Family Principle]
Since the family is the fundamental unit of Islamic
society, all laws, regulations, and pertinent
programs must tend to facilitate the formation of a
family, and to safeguard its sanctity and the
stability of family relations on the basis of the
law and the ethics of Islam.
Article 11
[Unity of Islam Principle]
In accordance with the sacred verse of the Koran
"This your community is a single community, and I am
your Lord, so worship Me" [21:92], all Muslims
form a single nation, and the government of the
Islamic Republic of Iran have the duty of
formulating its general policies with a view to
cultivating the friendship and unity of all Muslim
peoples, and it must constantly strive to bring
about the political, economic, and cultural unity of
the Islamic world.
Article 12
[Official Religion]
The official religion of Iran is Islam and the
Twelver Ja'fari school, and this principle will
remain eternally immutable. Other Islamic schools
are to be accorded full respect, and their followers
are free to act in accordance with their own
jurisprudence in performing their religious rites.
These schools enjoy official status in matters
pertaining to religious education, affairs of
personal status (marriage, divorce, inheritance, and
wills) and related litigation in courts of law. In
regions of the country where Muslims following any
one of these schools constitute the majority, local
regulations, within the bounds of the jurisdiction
of local councils, are to be in accordance with the
respective school, without infringing upon the
rights of the followers of other schools.
Article 13
[Recognized Religious Minorities]
Zoroastrian, Jewish, and Christian Iranians are the
only recognized religious minorities, who, within
the limits of the law, are free to perform their
religious rites and ceremonies, and to act according
to their own canon in matters of personal affairs
and religious education.
Article 14
[Non-Muslims' Rights]
In accordance with the sacred verse "God does not
forbid you to deal kindly and justly with those who
have not fought against you because of your religion
and who have not expelled you from your homes"
[60:8], the government of the Islamic Republic of
Iran and all Muslims are duty-bound to treat
non-Muslims in conformity with ethical norms and the
principles of Islamic justice and equity, and to
respect their human rights. This principle applies
to all who refrain from engaging in conspiracy or
activity against Islam and the Islamic Republic of
Iran.
Chapter II
The Official Language, Script, Calendar, and Flag of
the Country
Article 15
[Official Language]
The Official Language and script of Iran, the lingua
franca of its people, is Persian. Official
documents, correspondence, and texts, as well as
text-books, must be in this language and script.
However, the use of regional and tribal languages in
the press and mass media, as well as for teaching of
their literature in schools, is allowed in addition
to Persian.
Article 16
[Arabic Language]
Since the language of the Koran and Islamic texts
and teachings is Arabic, and since Persian
literature is thoroughly permeated by this language,
it must be taught after elementary level, in all
classes of secondary school and in all areas of
study.
Article 17
[Official Calendar]
The Official Calendar of the country takes as its
point of departure the migration of the Prophet of
Islam -- God's peace and blessings upon him and his
Family. Both the solar and lunar Islamic calendars
are recognized, but government offices will function
according to the solar calendar. The official weekly
holiday is Friday.
Article 18
[Official Flag]
The Official Flag of Iran is composed of green,
white, and red colors, with the special emblem of
the Islamic Republic, together with the State Motto.
Chapter
III The Rights of the People
Article 19
[No Discrimination, No Privileges]
All people of Iran, whatever the ethnic group or
tribe to which they belong, enjoy equal rights;
color, race, language, and the like, do not bestow
any privilege.
Article 20
[Equality Before Law]
All citizens of the country, both men and women,
equally enjoy the protection of the law and enjoy
all human, political, economic, social, and cultural
rights, in conformity with Islamic criteria.
Article 21
[Women's Rights]
The government must ensure the rights of women in
all respects, in conformity with Islamic criteria,
and accomplish the following goals:
1) create a favorable environment for the growth of
woman's personality and the restoration of her
rights, both the material and intellectual;
2) the protection of mothers, particularly during
pregnancy and child-rearing, and the protection of
children without guardians;
3) establishing competent courts to protect and
preserve the family;
4) the provision of special insurance for widows,
aged women, and women without support;
5) the awarding of guardianship of children to
worthy mothers, in order to protect the interests of
the children, in the absence of a legal guardian.
Article 22
[Human Dignity and Rights]
The dignity, life, property, rights, residence, and
occupation of the individual are inviolate, except
in cases sanctioned by law.
Article 23
[Freedom of Belief]
The investigation of individuals' beliefs is
forbidden, and no one may be molested or taken to
task simply for holding a certain belief.
Article 24
[Freedom of the Press]
Publications and the press have freedom of
expression except when it is detrimental to the
fundamental principles of Islam or the rights of the
public. The details of this exception will be
specified by law.
Article 25
[Secrecy of Communication]
The inspection of letters and the failure to deliver
them, the recording and disclosure of telephone
conversations, the disclosure of telegraphic and
telex communications, censorship, or the wilful
failure to transmit them, eavesdropping, and all
forms of covert investigation are forbidden, except
as provided by law.
Article 26
[Freedom of Association]
The formation of parties, societies, political or
professional associations, as well as religious
societies, whether Islamic or pertaining to one of
the recognized religious minorities, is permitted
provided they do not violate the principles of
independence, freedom, national unity, the criteria
of Islam, or the basis of the Islamic Republic. No
one may be prevented
from participating in the aforementioned groups, or
be compelled to participate in them.
Article 27
[Freedom of Assembly]
Public gatherings and marches may be freely held,
provided arms are not carried and that they are not
detrimental to the fundamental principles of Islam.
Article 28
[Work]
(1) Everyone has the right to choose any occupation
he wishes, if it is not contrary to Islam and the
public interests, and does not infringe the rights
of others.
(2) The government has the duty, with due
consideration of the need of society for different
kinds of work, to provide every citizen with the
opportunity to work, and to create equal conditions
for obtaining it.
Article 29
[Welfare Rights]
(1) To benefit from social security with respect to
retirement, unemployment, old age, disability,
absence of a guardian, and benefits relating to
being stranded, accidents, health services, and
medical care and treatment, provided through
insurance or other means, is accepted as a universal
right.
(2) The government must provide the foregoing
services and financial support for every individual
citizen by drawing, in accordance with the law, on
the national revenues and funds obtained through
public contributions.
Article 30
[Education]
The government must provide all citizen with free
education up to secondary school, and must expand
free higher education to the extent required by the
country for attaining self-sufficiency.
Article 31
[Housing]
It is the right of every Iranian individual and
family to possess housing commensurate with his
needs. The government must make land available for
the implementation of this article, according
priority to those whose need is greatest, in
particular the rural population and the workers.
Article 32
[Arrest]
No one may be arrested except by the order and in
accordance with the procedure laid down by law. In
case of arrest, charges with the reasons for
accusation must, without delay, be communicated and
explained to the accused in writing, and a
provisional dossier must be forwarded to the
competent judicial authorities within a maximum of
twenty-four hours so that the preliminaries to the
trial can be completed as swiftly as possible. The
violation of this article will be liable to
punishment in accordance with the law.
Article 33
[Residence]
No one can be banished from his place of residence,
prevented from residing in the place of his choice,
or compelled to reside in a given locality, except
in cases provided by law.
Article 34
[Recourse to the Courts]
It is the indisputable right of every citizen to
seek justice by recourse to competent courts. All
citizens have right of access to such courts, and no
one can be barred from courts to which he has a
legal right of recourse.
Article 35
[Right to Counsel]
Both parties to a lawsuit have the right in all
courts of law to select an attorney, and if they are
unable to do so, arrangements must be made to
provide them with legal counsel.
Article 36
[Sentencing]
The passing and execution of a sentence must be only
by a competent court and in accordance with law.
Article 37
[Presumption of Innocense]
Innocence is to be presumed, and no one is to be
held guilty of a charge unless his or her guilt has
been established by a competent court.
Article 38
[Torture]
All forms of torture for the purpose of extracting
confession or acquiring information are forbidden.
Compulsion of individuals to testify, confess, or
take an oath is not permissible; and any testimony,
confession, or oath obtained under duress is devoid
of value and credence. Violation of this article is
liable to punishment in accordance with the law.
Article 39
[Dignity of Arrested]
All affronts to the dignity and repute of persons
arrested, detained, imprisoned, or banished in
accordance with the law, whatever form they may
take, are forbidden and liable to punishment.
Article 40
[Public Interest]
No one is entitled to exercise his rights in a way
injurious to others or detrimental to public
interests.
Article 41
[Citizenship]
Iranian citizenship is the indisputable right of
every Iranian, and the government cannot withdraw
citizenship from any Iranian unless he himself
requests it or acquires the citizenship of another
country.
Article 42
[Nationalization]
Foreign nationals may acquire Iranian citizenship
within the framework of the laws. Citizenship may be
withdrawn from such persons if another State accepts
them as its citizens or if they request it.
Chapter IV
Economy and Financial Affairs
Article 43
[Principles]
The economy of the Islamic Republic of Iran, with
its objectives of achieving the economic
independence of the society, uprooting poverty and
deprivation, and fulfilling human needs in the
process of development while preserving human
liberty, is based on the following criteria:
1. the provision of basic necessities for all
citizens: housing, food, clothing, hygiene, medical
treatment, education, and the necessary facilities
for the establishment of a family;
2. ensuring conditions and opportunities of
employment for everyone, with a view to attaining
full employment; placing the means of work at the
disposal of everyone who is able to work but lacks
the means, in the form of cooperatives, through
granting interest-free loans or recourse to any
other legitimate means that neither results in the
concentration or circulation of wealth in the hands
of a few individuals or groups, nor turns the
government into a major absolute employer. These
steps must be taken with due regard for the
requirements governing the general economic planning
of the country at each stage of its growth;
3. the plan for the national economy must be
structured in such a manner that the form, content,
and hours of work of every individual will allow him
sufficient leisure and energy to engage, beyond his
professional endeavor, in intellectual, political,
and social activities leading to all-round
development
of his self, to take active part in leading the
affairs of the country, improve his skills, and to
make full use of his creativity;
4. respect for the right to choose freely an
occupation; refraining from compelling anyone to
engage in a particular job; and preventing the
exploitation of another's labor;
5. the prohibition of infliction of harm and loss
upon others, monopoly, hoarding, usury, and other
illegitimate and evil practices;
6. the prohibition of extravagance and wastefulness
in all matters related to the economy, including
consumption, investment, production, distribution,
and services;
7. the utilization of and the training of skilled
personnel in accordance with the developmental needs
of the country's economy;
8. prevention of foreign economic domination over
the country's economy:
9. emphasis on increase of agricultural, livestock,
and industrial production in order to satisfy public
needs and to make the country self-sufficient and
free from dependence.
Article 44
[Sectors]
(1) The economy of the Islamic Republic of Iran is
to consist of three sectors: state, cooperative, and
private, and is to be based on systematic and sound
planning.
(2) The state sector is to include all large-scale
and mother industries, foreign trade, major
minerals, banking, insurance, power generation,
dams, and large-scale irrigation networks, radio and
television, post, telegraph and telephone services,
aviation, shipping, roads, railroads and the like;
all these will be publicly owned and adMinistered by
the State.
(3) The cooperative sector is to include cooperative
companies and enterprises concerned with production
and distribution, in urban and rural areas, in
accordance with Islamic criteria.
(4) The private sector consists of those activities
concerned with agriculture, animal husbandry,
industry, trade, and services that supplement the
economic activities of the state and cooperative
sectors.
(5) Ownership in each of these three sectors is
protected by the laws of the Islamic Republic, in so
far as this ownership is in conformity with the
other articles of this chapter, does not go beyond
the bounds of Islamic law, contributes to the
economic growth and progress of the country and does
not harm society.
(6) The scope of each of these sectors as well as
the regulations and conditions governing their
operation, will be specified by law.
Article 45
[Public Wealth]
Public wealth and property, such as uncultivated or
abandoned land, mineral deposits, seas, lakes,
rivers and other public waterways, mountains,
valleys, forests, marshlands, natural forests,
unenclosed pastures, legacies without heirs,
property of undetermined ownership, and public
property recovered from usurpers, shall be at the
disposal of the Islamic government for it to utilize
in accordance with the public interest. Law will
specify detailed procedures for the utilization of
each of the foregoing items.
Article 46
[Fruits of Business]
Everyone is the owner of the fruits of his
legitimate business and labor, and no one may
deprive another of the opportunity of business and
work under the pretext of his right to ownership.
Article 47
[Private Property]
Private ownership, legitimately acquired, is to be
respected. The relevant criteria are determined by
law.
Article 48
[Resources for Regions]
There must be no discrimination among the various
provinces with regard to the exploitation of natural
resources, utilization of public revenues, and
distribution of economic activities among the
various provinces and regions of the country,
thereby ensuring that every region has access to the
necessary capital and facilities in accordance with
its needs and capacity for growth.
Article 49
[Confiscation]
The government has the responsibility of
confiscating all wealth accumulated through usury,
usurpation, bribery, embezzlement, theft, gambling,
misuse of endowments, misuse of government contracts
and transactions, the sale of uncultivated lands and
other resources subject to public ownership, the
operation of centers of corruption, and other
illicit means and sources, and restoring it to its
legitimate owner; and if no such owner can be
identified, it must be entrusted to the public
treasury. This rule must be executed by the
government with due care, after investigation and
furnishing necessary evidence in accordance with the
law of Islam.
Article 50
[Preservation of the Environment]
The preservation of the environment, in which the
present as well as the future generations have a
right to flourishing social existence, is regarded
as a public duty in the Islamic Republic. Economic
and other activities that inevitably involve
pollution of the environment or cause irreparable
damage to it are therefore forbidden.
Article 51
[Taxation]
No form of taxation may be imposed except in
accordance with the law. Provisions for tax
exemption and reduction will be determined by law.
Article 52
[Budget]
The annual budget of the country will be drawn up by
the government in the manner specified by law and
submitted to the Islamic Consultative Assembly for
discussion and approval. Any change in the figures
contained in the budget will be in accordance with
the procedure prescribed by law.
Article 53
[Central Treasury]
All sums collected by the government will be
deposited into the government accounts at the
central treasury, and all disbursements, within the
limits of allocations approved, shall be made in
accordance with law.
Article 54
[Acounting Agency]
The National Accounting Agency is to be directly
under the supervision of the Islamic Consultative
Assembly. Its organization and mode of operation in
Tehran and at the provincial capitals are to be
determined by law.
Article 55
[Auditing, Report]
The National Accounting Agency will inspect and
audit, in the manner prescribed by law, all the
accounts of ministries, government institutions, and
companies as well as other organizations that draw,
in any way, on the general budget of the country, to
ensure that no expenditure exceeds the allocations
approved and that all sums are spent for the
specified purpose. It will collect all relevant
accounts, documents, and records, in accordance with
law, and submit to the Islamic Consultative Assembly
a report for the settlement of
each year's budget together with its own comments.
This report must be made available to the public.
Chapter V
The Right of National Sovereignty
Article 56
[Divine Right of Sovereignty]
Absolute sovereignty over the world and man belongs
to God, and it is He Who has made man master of his
own social destiny. No one can deprive man of this
divine right, nor subordinate it to the vested
interests of a particular individual or group. The
people are to exercise this divine right in the
manner specified in the following articles.
Article 57
[Separation of Powers]
The powers of government in the Islamic Republic are
vested in the legislature, the judiciary, and the
executive powers, functioning under the supervision
of the absolute religious Leader and the Leadership
of the Ummah, in accordance with the forthcoming
articles of this Constitution. These powers are
independent of each other.
Article 58
[Legislature]
The functions of the legislature are to be exercised
through the Islamic Consultative Assembly,
consisting of the elected representatives of the
people. Legislation approved by this body, after
going through the stages specified in the articles
below, is communicated to the executive and the
judiciary for implementation.
Article 59
[Mandatory Referendum]
In extremely important economic, political, social,
and cultural matters, the functions of the
legislature may be exercised through direct recourse
to popular vote through a referendum. Any request
for such direct recourse to public opinion must be
approved by two-thirds of the members of the Islamic
Consultative Assembly.
Article 60
[Executive]
The functions of the executive, except in the
matters that are directly placed under the
jurisdiction of the Leadership by the Constitution,
are to be exercised by the President and the
Ministers.
Article 61
[Judiciary]
The functions of the judiciary are to be performed
by courts of justice, which are to be formed in
accordance with the criteria of Islam, and are
vested with the authority to examine and settle
lawsuits, protect the rights of the public, dispense
and enact justice, and implement the Divine limits.
Chapter VI
The Legislative Powers
Section 1
The Islamic Consultative Assembly
Article 62
[Election]
(1) The Islamic Consultative Assembly is constituted
by the representatives of the people elected
directly and by secret ballot.
(2) The qualifications of voters and candidates, as
well as the nature of election, will be specified by
law.
Article 63
[Term]
The term of membership in the Islamic Consultative
Assembly is four years. Elections for each term must
take place before the end of the preceding term, so
that the country is never without an Assembly.
Article 64
[270 Members, Religious Representatives]
(1) There are to be two hundred seventy members of
the Islamic Consultative Assembly which, keeping in
view the human, political, geographic, and other
similar factors, may increase by not more than
twenty for each ten-year period from the date of the
national referendum of the year 1368 of the solar
Islamic calendar.
(2) The Zoroastrians and Jews will each elect one
representative; Assyrian and Chaldean Christians
will jointly elect one representative; and Armenian
Christians in the north and those in the south of
the country will each elect one representative.
(3) The delimitation of the election constituencies
and the number of representatives will be determined
by law.
Article 65
[Quorum, Code of Procedure]
(1) After the holding of elections, sessions of the
Islamic Consultative Assembly are considered legally
valid when two-thirds of the total number of members
are present. Drafts and bills will be approved in
accordance with the code of procedure approved by
it, except in cases where the Constitution has
specified a certain quorum.
(2) The consent of two-thirds of all members present
is necessary for the approval of the code of
procedure of the Assembly.
Article 66
[Rules of Procedure]
The manner of election of the Speaker and the
Presiding Board of the Assembly, the number of
committees and their term of office, and matters
related to conducting the discussions and
maintaining the discipline of the assembly will be
determined by the code of procedure of the Assembly.
Article 67
[Oath]
(1) Members of the Assembly must take the following
oath at the first session of the Assembly and affix
their signatures to its text:
"In the Name of God, the Compassionate, the
Merciful. In the presence of the Glorious Koran, I
swear by God, the Exalted and Almighty, and
undertake, swearing by my own honor as a human
being, to protect the sanctity of Islam and guard
the accomplishments of the Islamic Revolution of the
Iranian people and the foundations of the Islamic
Republic; to protect, as a just trustee, the honor
bestowed upon me by the people, to observe piety in
fulfilling my duties as people's representative; to
remain always committed to the independence and
honor of the country; to fulfil my duties towards
the nation and the service of the people; to defend
the Constitution; and to bear in mind, boath in
speech and writing and in the expression of my
views, the independence of the country, the freedom
of the people, and the security of their interests."
(2) Members belonging to the religious minorities
will swear by their own sacred books while taking
this oath.
(3) Members not attending the first session will
perform the ceremony of taking the oath at the first
session they attend.
Article 68
[Suspended Elections During Wartime]
In time of war and the military occupation of the
country, elections due to be held in occupied areas
or countrywide may be suspended for a specified
period if proposed by the President of the Republic,
and approved by three-fourths of the total members
of the Islamic Consultative Assembly, with the
endorsement of the Guardian Council. If a new
Assembly is not formed, the previous one will
continue to function.
Article 69
[Publicity, Closed Sessions]
The deliberations of the Islamic Consultative
Assembly must be open and full minutes of them made
available to the public by the radio and the
official gazette. A closed session may be held in
emergency conditions, if it is required for national
security, upon the requisition of the President, one
of the Ministers, or ten members of the Assembly.
Legislation passed at a closed session is valid only
when approved by three-fourths of the members in the
presence of the Guardian Council. After emergency
conditions have ceased to exist, the minutes of such
closed sessions, together with any legislation
approved in them, must be made available to the
public.
Article 70
[Government Attendance]
The President, his deputies and the Ministers have
the right to participate in the open sessions of the
Assembly either collectively or individually. They
may also have their advisers accompany them. If the
members of the Assembly deem it necessary, the
Ministers are obliged to attend. Whenever they
request it, their statements are to be heard.
Section 2
Powers and Authority of the Islamic Consultative
Assembly
Article 71
[Legislation]
The Islamic Consultative Assembly can establish laws
on all matters, within the limits of its competence
as laid down in the Constitution.
Article 72
[Limits]
The Islamic Consultative Assembly cannot enact laws
contrary to the official religion of the country or
to the Constitution. It is the duty of the Guardian
Council to determine whether a violation has
occurred, in accordance with Article
96.
Article 73
[Interpretation of Laws]
The interpretation of ordinary laws falls within the
competence of the Islamic Consultative Assembly. The
intent of this article does not prevent the
interpretations that judges may make in the course
of cassation.
Article 74
[Bills]
Government bills are presented to the Islamic
Consultative Assembly after receiving the approval
of the Council of Ministers. Members' bills may be
introduced in the Islamic Consultative Assembly if
sponsored by at least fifteen members.
Article 75
[Spending Bills]
Members' bills and proposals and amendments to
government bills proposed by members that entail the
reduction of the public income or the increase of
public expenditure may be introduced in the Assembly
only if means for compensating for the decrease in
income or for meeting the new expenditure are also
specified.
Article 76
[Investigation]
The Islamic Consultative Assembly has the right to
investigate and examine all the affairs of the
country.
Article 77
[Treaties]
International treaties, protocols, contracts, and
agreements must be approved by the Islamic
Consultative Assembly.
Article 78
[Boundary Laws]
All changes in the boundaries of the country are
forbidden, with the exception of minor amendments in
keeping with the interests of the country, on
condition that they are not unilateral, do not
encroach on the independence and territorial
integrity of the country, and receive the approval
of four-fifths of the total members of the Islamic
Consultative Assembly.
Article 79
[Martial Law, Temporary Restrictions]
The proclamation of martial law is forbidden. In
case of war or emergency conditions comparable to
war, the government has the right to impose
temporarily certain necessary restrictions, with the
agreement of the Islamic Consultative Assembly. In
no case can such restrictions last for more than
thirty days; if the need for them persists beyond
this limit, the government must obtain new
authorization for them from the Assembly.
Article 80
[Aid]
The taking and giving of governmental loans or
grants-in-aid, domestic and foreign, must be
approved by the Islamic Consultative Assembly.
Article 81
[Foreign Business]
The granting of concessions to foreigners or the
formation of companies or institutions dealing with
commerce, industry, agriculture, service, or mineral
extraction, is absolutely forbidden.
Article 82
[Foreign Experts]
The employment of foreign experts is forbidden,
except in cases of necessity and with the approval
of the Islamic Consultative Assembly.
Article 83
[Property of National Heritage]
Government buildings and properties forming part of
the national heritage cannot be transferred except
with the approval of the Islamic Consultative
Assembly; that, too, is not applicable in the case
of irreplaceable treasures.
Article 84
[Responsibility]
Every representative is responsible to the entire
nation and has the right to express his views on all
internal and external affairs of the country.
Article 85
[Delegated Legislation]
(1) The right of membership is vested with the
individual, and is not transferable to others. The
Assembly cannot delegate the power of legislation to
an individual or committee. But whenever necessary,
it can delegate the power of legislating certain
laws to its own committees, in accordance with
Article
72.
In such a case, the laws will be implemented on a
tentative basis for a period specified by the
Assembly, and their final approval will rest with
the Assembly.
(2) Likewise, the Assembly may, in accordance with
Article
72,
delegate to the relevant committees the
responsibility for permanent approval of articles of
association of organizations, companies, government
institutions, or organizations affiliated to the
government and or invest the authority in the
government. In such a case, the government approvals
must not be inconsistent with the principles and
commandments of the official religion in the country
or with the Constitution, which question shall be
determined by the Guardian Council in accordance
with what is stated in Article
96.
In addition to this, the Government approvals shall
not be against the laws and other general rules of
the country and, while calling for implementation,
the same shall be brought to the knowledge of the
Speaker of the Islamic Consultative Assembly for his
study and indication that the approvals in question
are not inconsistent with the aforesaid rules.
Article 86
[Independence, Indemnity]
Members of the Assembly are completely free in
expressing their views and casting their votes in
the course of performing their duties as
representatives, and they cannot be prosecuted or
arrested for opinions expressed in the Assembly or
votes cast in the course of performing their duties
as representatives.
Article 87
[Vote of Confidence]
The President must obtain, for the Council of
Ministers, after being formed and before all other
business, a vote of confidence from the Assembly.
During his incumbency, he can also seek a vote of
confidence for the Council of Ministers from the
Assembly on important and controversial issues.
Article 88
[Questioning Government]
Whenever at least one-fourth of the total members of
the Islamic Consultative Assembly pose a question to
the President, or any one member of the Assembly
poses a question to a Minister on a subject relating
to their duties, the President or the Minister is
obliged to attend the Assembly and answer the
question. This answer must not be delayed more than
one month in the case of the President and ten days
in the case of the Minister, except with an excuse
deemed reasonable by the Islamic Consultative
Assembly.
Article 89
[Interpellation]
(1) Members of the Islamic Consultative Assembly can
interpellate the Council of Ministers or an
individual Minister in instances they deem
necessary. Interpellations can be tabled if they
bear the signatures of at least ten members.
The Council of Ministers or interpellated Minister
must be present in the Assembly within ten days
after the tabling of the interpellation in order to
answer it and seek a vote of confidence. If the
Council of Ministers or the Minister concerned fails
to attend the Assembly, the members who tabled the
interpellation will explain their reasons, and the
Assembly will declare a vote of no confidence if it
deems it necessary.
If the Assembly does not pronounce a vote of
confidence, the Council of Ministers or the Minister
subject to interpellation is dismissed. In both
cases, the Ministers subject to interpellation
cannot become members of the next Council of
Ministers formed immediately afterwards.
(2) In the event at least one-third of the members
of the Islamic Consultative Assembly interpellate
the President concerning his executive
responsibilities in relation with the Executive
Power and the executive affairs of the country the
President must be present in the Assembly within one
month after the tabling of the interpellation in
order to give adequate explanations in regard to the
matters raised. In the event, after hearing the
statements of the opposing and favoring members and
the reply of the President, two-thirds of the
members of the Assembly declare a vote of no
confidence, the same will be communicated to the
Leadership for information and implementation of
Article
110 (10).
Article 90
[Complaints, Petitions]
Whoever has a complaint concerning the work of the
Assembly or the executive power or the judicial
power can forward his complaint in writing to the
Assembly. The Assembly must investigate his
complaint and give a satisfactory reply. In cases
where the complaint relates to the executive or the
judiciary, the Assembly must demand proper
investigation in the matter and an adequate
explanation from them, and announce the results
within a reasonable time. In cases where the subject
of the complaint is of public interest, the reply
must be made
public.
Article 91
[Guardian Council]
With a view to safeguard the Islamic ordinances and
the Constitution, in order to examine the
compatibility of the legislation passed by the
Islamic Consultative Assembly with Islam, a council
to be known as the Guardian Council is to be
constituted with the following composition:
1. six religious men, conscious of the present needs
and the issues of the day, to be selected by the
Leader, and
2. six jurists, specializing in different areas of
law, to be elected by the Islamic Consultative
Assembly from among the Muslim jurists nominated by
the Head of the Judicial Power.
Article 92
[Term]
Members of the Guardian Council are elected to serve
for a period of six years, but during the first
term, after three years have passed, half of the
members of each group will be changed by lot and new
members will be elected in their place.
Article 93
[Mandatory Formation]
The Islamic Consultative Assembly does not hold any
legal status if there is no Guardian Council in
existence, except for the purpose of approving the
credentials of its members and the election of the
six jurists on the Guardian Council.
Article 94
[Review of Legislation]
All legislation passed by the Islamic Consultative
Assembly must be sent to the Guardian Council. The
Guardian Council must review it within a maximum of
ten days from its receipt with a view to ensuring
its compatibility with the criteria of Islam and the
Constitution. If it finds the legislation
incompatible, it will return it to the Assembly for
review. Otherwise the legislation will be deemed
enforceable.
Article 95
[Extended Review]
In cases where the Guardian Council deems ten days
inadequate for completing the process of review and
delivering a definite opinion, it can request the
Islamic Consultative Assembly to grant an extension
of the time limit not exceeding ten days.
Article 96
[Majority]
The determination of compatibility of the
legislation passed by the Islamic Consultative
Assembly with the laws of Islam rests with the
majority vote of the religious men on the Guardian
Council; and the determination of its compatibility
with the Constitution rests with the majority of all
the members of the Guardian Council.
Article 97
[Attendance in Parliament]
In order to expedite the work, the members of the
Guardian Council may attend the Assembly and listen
to its debates when a government bill or a members'
bill is under discussion. When an urgent government
or members' bill is placed on the agenda of the
Assembly, the members of the Guardian Council must
attend the Assembly and make their views known.
Article 98
[Authoritative Interpretation]
The authority of the interpretation of the
Constitution is vested with the Guardian Council,
which is to be done with the consent of
three-fourths of its members.
Article 99
[Supervision of Elections]
The Guardian Council has the responsibility of
supervising the elections of the Assembly of Experts
for Leadership, the President of the Republic, the
Islamic Consultative Assembly,
and the direct recourse to popular opinion and
referenda.
Chapter
VII Councils
Article
100 [Regional Councils]
(1) In order to expedite social, economic,
development, public health, cultural, and
educational programs and facilitate other affairs
relating to public welfare with the cooperation of
the people according to local needs, the
administration of each village, division, city,
municipality, and province will be superseded by a
council to be named the Village, Division, City,
Municipality, or Provincial Council. Members of each
of these councils will be elected by the people of
the locality in question.
(2) Qualifications for the eligibility of electors
and candidates for these councils, as well as their
functions and powers, the mode of election, the
council jurisdiction, and the hierarchy of their
authority will be determined by law in such a way as
to preserve national unity, territorial integrity,
the system of the Islamic Republic, and the
sovereignty of the central government.
Article
101 [Supreme Council of the Provinces]
(1) In order to prevent discrimination in the
preparation of programs for the development and
welfare of the provinces, to secure the cooperation
of the people, and to arrange for the supervision of
coordinated implementation of such programs, a
Supreme Council of the Provinces will be formed,
composed of representatives of the Provincial
Councils.
(2) Law will specify the manner in which this
council is to be formed and the functions that it is
to fulfil.
Article
102 [Council Bills]
The Supreme Council of the Provinces has the right
within its jurisdiction, to draft bills and to
submit them to the Islamic Consultative Assembly,
either directly or through the government. These
bills must be examined by the Assembly.
Article
103 [Power Over Local Governments]
Provincial governors, city governors, divisional
governors, and other officials appointed by the
government must abide by all decisions taken by the
councils within their jurisdiction.
Article
104 [Worker Councils]
(1) In order to ensure Islamic equity and
cooperation in carrying out the programs and to
bring about the harmonious progress of all units of
production, both industrial and agricultural,
councils consisting of the representatives of the
workers, peasants, other employees, and managers,
will be formed in educational and administrative
units, units of service industries, and other units
of a like nature, similar councils will be formed,
composed of representatives of the members of those
units.
(2) The mode of the formation of these councils and
the scope of their functions and powers, are to be
specified by law.
Article
105 [Limits]
Decisions taken by the councils must not be contrary
to the criteria of Islam and the laws of the
country.
Article
106 [Right Against Dissolution]
(1) The councils may not be dissolved unless they
deviate from their legal duties. The body
responsible for determining such deviation, as well
as the manner for dissolving the councils and
reforming them, will be specified by law.
(2) Should a council have any objection to its
dissolution, it has
the right to appeal to a competent court, and the
court is duty-bound to examine its complaint outside
the docket sequence.
Chapter
VIII The Leader or Leadership Council
Article
107 [Religious Leader]
(1) After the demise of Imam Khumayni, the task of
appointing the Leader shall be vested with the
experts elected by the people. The experts will
review and consult among themselves concerning all
the religious men possessing the qualifications
specified in Articles
5
and
109.
In the event they find one of them better versed in
Islamic regulations or in political and social
issues, or possessing general popularity or special
prominence for any of the qualifications mentioned
in Article
109,
they shall elect him as the Leader. Otherwise, in
the absence of such a superiority, they shall elect
and declare one of them as the Leader. The Leader
thus elected by the Assembly of Experts shall assume
all the powers of the religious leader and all the
responsibilities arising therefrom.
(2) The Leader is equal with the rest of the people
of the country in the eyes of law.
Article
108 [Experts]
The law setting out the number and qualifications of
the experts, the mode of their election, and the
code of procedure regulating the sessions during the
first term must be drawn up by the religious men on
the first Guardian Council, passed by a majority of
votes and then finally approved by the Leader of the
Revolution. The power to make any subsequent change
or a review of this law, or approval of all the
provisions concerning the duties of the experts is
vested in themselves.
Article
109 [Leadership Qualifications]
(1) Following are the essential qualifications and
conditions for the Leader:
a. Scholarship, as required for performing the
functions of religious leader in different fields.
b. Justice and piety, as required for the leadership
of the Islamic Ummah.
c. Right political and social perspicacity,
prudence, courage, administrative facilities, and
adequate capability for leadership.
(2) In case of multiplicity of persons fulfilling
the above qualifications and conditions, the person
possessing the better jurisprudential and political
perspicacity will be given preference.
Article
110 [Leadership Duties and Powers]
(1) Following are the duties and powers of the
Leadership:
1. Delineation of the general policies of the
Islamic Republic of Iran after consultation with the
Nation's Exigency Council.
2. Supervision over the proper execution of the
general policies of the system.
3. Issuing decrees for national referenda.
4. Assuming supreme command of the Armed Forces.
5. Declaration of war and peace and the mobilization
of the Armed Forces.
6. Appointment, dismissal, and resignation of:
a. the religious men on the Guardian Council,
b. the supreme judicial authority of the country,
c. the head of the radio and television network of
the Islamic Republic of Iran,
d. the chief of the joint staff,
e. the chief commander of the Isalmic Revolution
Guards Corps, and
f. the supreme commanders of the Armed Forces.
7. Resolving differences between the three wings of
the Armed Forces and regulation of their relations.
8. Resolving the problems which cannot be solved by
conventional methods, through the Nation's Exigency
Council.
9. Signing the decree formalizing the election of
the President of the Republic by the people. The
suitability of candidates for the Presidency of the
Republic, with respect to the qualifications
specified in the Constitution, must be confirmed
before elections take place by the Guardian Council,
and, in the case of the first term of a President,
by the Leadership. 10. Dismissal of the President of
the Republic, with due regard for the interests of
the country, after the Supreme Court holds him
guilty of the violation of his constitutional
duties, or after a vote of the Islamic Consultative
Assembly testifying to his incompetence on the basis
of Article
89.
11. Pardoning or reducing the sentences of convicts,
within the framework of Islamic criteria, on a
recommendation from the Head of judicial power.
(2) The Leader may delegate part of his duties and
powers to another person.
Article
111 [Leadership Council]
(1) Whenever the Leader becomes incapable of
fulfilling his constitutional duties, or loses one
of the qualifications mentioned in Articles
5
and
109,
or it becomes known that he did not possess some of
the qualifications initially, he will be dismissed.
The authority of determination in this matter is
vested with the experts specified in Article
108.
(2) In the event of the death, or resignation or
dismissal of the Leader, the experts shall take
steps within the shortest possible time for the
appointment of the new Leader. Until the appointment
of the new Leader, a council consisting of the
President, head of the judiciary power, and a
religious men from the Guardian Council, upon the
decision of the Nation's Exigency Council, shall
temporarily take over all the duties of the Leader.
In the event that, during this period, any one of
them is unable to fulfil his duties for whatsoever
reason, another person, upon the decision of
majority of religious men in the Nation's Exigency
Council shall be elected in his place.
(3) This council shall take action in respect of
items 1, 3, 5, and 10, and sections d, e and f of
item 6 of Article
110,
upon the decision of three-fourths of the members of
the Nation's Exigency Council.
(4) Whenever the leader becomes temporarily unable
to perform the duties of leadership owing to his
illness or any other incident, then during this
period, the council mentioned in this article shall
assume his duties.
Article
112 [Exigency Council]
(1) Upon the order of the Leader, the Nation's
Exigency Council shall meet at any time the Guardian
Council judges a proposed bill of the Islamic
Consultative Assembly to be against the principles
of Sharrah or the Constitution, and the Assembly is
unable to meet the expectations of the Guardian
Council. Also, the Council shall meet for
consideration on any issue forwarded to it by the
Leader and shall carry out any other responsibility
as mentioned in this Constitution.
(2) The permanent and changeable members of the
Council shall be appointed by the Leader.
(3) The rule for the Council shall be formulated and
approved by the Council members subject to the
confirmation by the Leader.
Chapter IX
The Executive Power
Section 1 The Presidency
Article
113 [President]
After the office of Leadership, the President is the
highest official in the country. His is the
responsibility for implementing the Constitution and
acting as the head of the executive, except in
matters directly concerned with the office of the
Leadership.
Article
114 [Term]
The President is elected for a four-year term by the
direct vote of the people. His re-election for a
successive term is permissible only once.
Article
115 [Qualifications]
The President must be elected from among religious
and political personalities possessing the following
qualifications:
- Iranian origin;
- Iranian nationality;
- administrative capacity and resourcefulness;
- a good pastrecord;
- trustworthiness and piety; and
- convinced belief in the fundamental principles of
the Islamic Republic of Iran and the official
madhhab of the country.
Article
116 [Candidacy]
Candidates nominated for the post of President must
declare their candidature officially. Law lays down
the manner in which the President is to be elected.
Article
117 [Majority]
The President is elected by an absolute majority of
votes polled by the voters. But if none of the
candidates is able to win such a majority in the
first round, voting will take place a second time on
Friday of the following week. In the second round
only the two candidates who received greatest number
of votes in the first round will participate. If,
however, some of the candidates securing greatest
votes in the first round withdraw from the
elections, the final choice will be between the two
candidates who won greater number of votes than all
the remaining candidates.
Article
118 [Supervisory Body]
Responsibility for the supervision of the election
of the President lies with the Guardian Council, as
stipulated in Article
99.
But before the establishment of the first Guardian
Council, it lies with a supervisory body to be
constituted by law.
Article
119 [New Elections]
The election of a new President must take place no
later than one month before the end of the term of
the outgoing President. In the interim period before
the election of the new President and the end of the
term of the outgoing President, the outgoing
President will perform the duties of the President.
Article
120 [Extensions]
In case any of the candidates whose suitability is
established in terms of the qualifications listed
above should die within ten days before polling day,
the elections will be postponed for two weeks. If
one of the candidates securing greatest number of
votes dies in the intervening period between the
first and second rounds of voting, the period for
holding the second round of the election will be
extended for two weeks.
Article
121 [Oath]
The President must take the following oath and affix
his signature to it at a session of the Islamic
Consultative Assembly in the presence of the head of
the judicial power and the members of the Guardian
Council:
"In the Name of God, the Compassionate, the
Merciful, I, as President, swear, in the presence of
the noble members of parliament and the people of
Iran, by God, the Exalted and Almighty, that I will
guard the official religion of the country, the
order of the Islamic Republic, and the Constitution
of the country; that I will devote all my capacities
and abilities to the fulfillment of the
responsibilities that I have assumed; that I will
dedicate myself to the service of the people, the
honor of the country, the propagation of religion
and morality, and the support of truth and justice,
refraining from every kind of arbitrary behavior;
that I will protect the freedom and dignity of all
citizens and the rights that the Constitution has
accorded the people; that in guarding the frontiers
and the political, economic, and cultural
independence of the country I will not avoid any
necessary measure; that, seeking help from God and
following the Prophet of Islam and the infallible
Imams (peace be upon them), I will guard, as a pious
and selfless trustee, the authority vested in me by
the people as a sacred trust, and transfer it to
whomever the people may elect after me."
Article
122 [Responsibility]
The President, within the limits of his powers and
duties, which he has by virtue of this Constitution
or other laws, is responsible to the people, the
Leader and the Islamic Consultative Assembly.
Article
123 [Signing Legislation]
The President is obliged to sign legislation
approved by the Assembly or the result of a
referendum, after the legal procedures have been
completed and it has been communicated to him. After
signing, he must forward it to the responsible
authorities for implementation.
Article
124 [Presidential Deputies]
(1) The President may have deputies for the
performance of his constitutional duties.
(2) With the approval of the President, the first
deputy of the President shall be vested with the
responsibilities of adMinistering the affairs of the
Council of Ministers and coordination of functions
of other deputies.
Article
125 [Treaties]
The President or his legal representative has the
authority to sign treaties, protocols, contracts,
and agreements concluded by the Iranian government
with other governments, as well as agreements
pertaining to international organizations, after
obtaining the approval of the Islamic Consultative
Assembly.
Article
126 [Planning, Budget]
The President is responsible for national planning
and budget and state employment affairs and may
entrust the administration of these to others.
Article
127 [Special Representatives]
In special circumstances, subject |
