The Constitution of The Islamic Republic of Iran
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 Qur'anic justice, in the referendum of Farwardin 9 and 10 in the year 1358 of the solar Islamic calendar, corresponding to Jamadi al-'Awwal 1 and 2 in the year 1399 of the lunar Islamic calendar (March 29 and 30, 1979], through the affirmative vote of a majority of 98.2% of eligible voters, held after the victorious Islamic Revolution led by the eminent marji' al-taqlid, Ayatullah al-Uzma Imam Khumayni. Article 2 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 the right to legislate, and the necessity
of submission to His commands; 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;
Article 5 During
the Occultation of the Wali al-Asr (may God hasten his reappearance),
the wilayah and leadership of the Ummah devolve upon the just ('adil]
and pious [muttaqi] faqih, 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 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 In
accordance with the command of the Qur'an 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. The nature of 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 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 Qur'anic verse; "The believers, men and women, are guardians
of one another; they enjoin the good and forbid the evil" [9:71]).
Article 9 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 Since
the family is the fundamental unit of Islamic society, all laws, regulations,
and pertinent programmes 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 In accordance with the sacred verse of the Qur'an ("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 has 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 The official religion of Iran is Islam and the Twelver Ja'fari school [in usual al-Din and fiqh], and this principle will remain eternally immutable. Other Islamic schools, including the Hanafi, Shafi'i, Maliki, Hanbali, and Zaydi, 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 of fiqh constitute the majority, local regulations, within the bounds of the jurisdiction of local councils, are to be in accordance with the respective school of fiqh, without infringing upon the rights of the followers of other schools. Article 13 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 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 Mu slims 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. Article 15 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 Since
the language of the Qur'an 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 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 The
official flag of Iran is composed of green, white and red colors with
the special emblem of the Islamic Republic, together with the motto [Allah-o
Akbar]. All people of Iran, whatever the ethnic group or tribe to which they belong, enjoy equal rights; and color, race, language, and the like, do not bestow any privilege. Article 20 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 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;
The
dignity, life, property, rights, residence, and occupation of the individual
are inviolate, except in cases sanctioned by law. Article 23 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 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 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 willful failure to transmit them,
eavesdropping, and all forms of covert investigation are forbidden, except
as provided by law. Article 26 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 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 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. 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 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. 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 The
government must provide all citizens 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 It
is the right of every Iranian individual and family to possess housing
commensurate with his nods. The government must maker 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 33 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 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 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 The
passing and execution of a sentence must be only by a competent court
and in accordance with law. Article 37 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 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 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 No
one is entitled to exercise his rights in a way injurious to others or
detrimental to public interests. Article 41 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 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. 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;
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. 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. 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. 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. 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. The [precise] 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 and property, such as uncultivated or abandoned land, mineral deposits,
seas, lakes, rivers and other public water- ways, mountains, valleys,
forests, marshlands, natural forests, unenclosed pastureland, 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 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
ownership, legitimately acquired, is to be respected. The relevant criteria
are determined by law. Article 48 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 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 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 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 The
annual budget of the country will be drain 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 procedures prescribed by law. Article 53 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 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 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
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 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 wilayat al-'amr and the leadership of the Ummah, in accordance
with the forthcoming articles of this Constitution. These powers are independent
of each other. Article 58 The
function 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 In
extremely important economic, political, social, and cultural matters,
the function 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 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 the function 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 [al-hudud al-Ilahiyyah].
The
Islamic consultative Assembly is constituted by the representatives of
the people elected directly and by secret ballot. The qualifications of
voters and candidates, as well as the nature of election, will be specified
by law. Article 64 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. 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. The limits of the election constituencies
and the number of representatives will be deter-mined by law. Article 65 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. The consent of two-thirds of all members
present is necessary for the approve of the code of procedure of the Assembly.
Article 66 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 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 Qur'an, 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, both 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. In
time of war and the military occupation of the country, elections due
to be held in occupied areas or countrywide may be delayed 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 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 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. [Conversely], whenever they request it, their statements are to be heard.
The
Islamic Consultative Assembly can establish laws on all matters, within
the limits of its competence as laid down in the Constitution. Article 72 The
Islamic Consultative Assembly cannot enact laws contrary to the usual
and ahkam of 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 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 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 Members'
bills and proposals and amendments to governments 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 The
Islamic Consultative Assembly has the right to investigate and examine
all the affairs of the country. Article 77 International
treaties, protocols, contracts, and agreements must be approved by the
Islamic Consultative Assembly. Article 78 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 The
proclamation of martial law is forbidden. In case of war or emergency
conditions akin 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 The
taking and giving of loans or grants-in-aid, domestic and foreign, by
the government, must be approved by the Islamic Consultative Assembly.
Article 81 The
granting of concessions to foreigners for the formation of companies or
institutions dealing with commerce, industry, agriculture, services or
mineral extraction, is absolutely forbidden. Article 82 The
employment of foreign experts is forbidden, except in cases of necessity
and with the approval of the Islamic Consultative Assembly. Article 83 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 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 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. 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 and or 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 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 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 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 1.Members of the Islamic Consultative Assembly can interpolate the Council of Ministers or an individual minister in instances they deem necessary. Interpolations can be tabled if they bear the signatures of at least ten members. The Council of Ministers or interpolated minister must be present in the Assembly within ten days after the tabling of the interpolation 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 interpolation 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 interpolation is dismissed. In both cases, the ministers subject to interpolation 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 interpolate 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 interpolation 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 Section (10) of Article 110 of the Constitution. Article 90 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 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
'adil fuqaha' conscious of the present needs and the issues of the day,
to be selected by the Leader, and Article 92 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 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 thee six jurists on
the Guardian Council. Article 94 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 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 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 fuqaha' 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 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 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 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. Article 100 In
order to expedite social, economic, development, public health, cultural,
and educational programmes 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 supervised 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. Qualifications
for the eligibility of electors and candidates for these councils, as
well as their functions and powers, the mode of election, the jurisdiction
of these councils, 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 In
order to prevent discrimination in the preparation of programmes 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 programmes, a Supreme Council of, the Provinces will be formed,
composed of representatives of the Provincial Councils. Law will specify
the manner in which this council is to be formed and the functions that
it is to fulfil. Article 102 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 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 In
order to ensure Islamic equity and cooperation in chalking out the programmes
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. The mode of the formation
of these councils and the scope of their 'functions and powers,~are t,o
be specified by law. Article 105 Decisions
taken by the councils must not be contrary to the criteria of Islam and
the laws of the country. Article 106 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 re-forming them, will be specified by law. 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.
After
the demise of the eminent marji' al-taqlid and great leader of the universal
Islamic revolution, and founder of the Islamic Republic of Iran, Ayatullah
al-'Uzma Imam Khumayni - quddisa sirruh al-sharif - who was recognized
and accepted as marji' and Leader by a decisive majority of the people,
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 fuqaha' possessing the qualifications specified in Articles 5
and 109. In the event they find one of them better versed in Islamic regulations,
the subjects of the fiqh, 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 wilayat al-amr and all the responsibilities
arising therefrom. The Leader is equal with the rest of the people of
the country in the eyes of law. Article 108 The
law setting out the number and qualifications of the experts [mentioned
in, the preceding article], the mode of their election, and the code of
procedure regulating the sessions during the first term must be drawn
up by the fuqaha' 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 Following
are the essential qualifications and conditions for the Leader: 1.scholarship,
as required for performing the functions of mufti in different fields
of fiqh. Article 110 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.
Whenever
the Leader becomes incapable of fulfilling his constitutional duties,
or lobs 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. 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. Till the appointment of the new Leader, a council consisting of
the President, head of the judicial power, and a faqih 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, during this period,
any one of them is unable to fulfil his duties for whatsoever reason,
another person, upon the decision of majority of fuqaha' in the Nation's
Exigency Council shall be elected in his place. 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. 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 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 Shariah 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. The permanent and changeable members of the Council shall be appointed by the Leader. The rules for the Council shall be formulated and approved by the Council members subject to the confirmation by the Leader.
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 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 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 past-record; trustworthiness
and piety; convinced belief in the fundamental principles of the Islamic
Republic of Iran and the official madhhab of the country. Article 116 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 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 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, however, it lies with a supervisory body to
be constituted by law. Article 119 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 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 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 Qur'an 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 shirk 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. 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 The
President is obliged to sign legislation approved by the Assembly or the
result of a referendum, after the (related) 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 The
President may have deputies for the performance of his constitutional
duties. 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 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 The
President is responsible for national planning and budget and state employment
affairs and may entrust the administration of these to others. Article 127 In
special circumstances, subject to approval of the Council of Ministers
the President may appoint one or more special representatives with specific
powers. In such cases, the decisions of his representative(s) will be
considered as tee same as those of the President and the Council of Ministers.
Article 128 The
ambassadors shall be appointed upon the recommendation of the foreign
minister and approval of the President. The President signs the credentials
of ambassadors and receives the credentials presented by the ambassadors
,of the foreign countries. Article 129 The
award of state decorations is a prerogative of the President. Article 130 The
President shall submit his resignation to the Leader and shall continue
performing his duties until his resignation is not accepted. Article 131 In
case of death, dismissal, resignation, absence, or illness lasting longer
than two months of the President, or when his term in office has ended
and a new president has not been elected due to some impediments, or similar
other circumstances, his first deputy shall assume, with the approval
of the Leader, the powers and functions of the President. The Council,
consisting of the Speaker of the Islamic Consultative Assembly, head,
of the judicial power, and the first deputy of the President, is obliged
to arrange for a new President to be elected within a maximum period of
fifty days. In case of death of the first deputy to the President, or
other matters which prevent him to perform his duties, or when the President
does not have a first deputy, the Leader shall appoint another person
in his place. Article 132 During the period when the powers and responsibilities of the President are assigned to his first deputy or the other person in accordance with Article 131, neither can the ministers be interpolated nor can a vote of no-confidence be passed against them. Also,neither can any step be undertaken for a review of the Constitution, nor a national referendum be held.
Ministers
will be appointed by the President and will be presented to the Assembly
for a vote of confidence. With the change of Assembly, a new vote of confidence
will not be necessary. The number of ministers and the jurisdiction of
each will be determined by law. Article 134 The
President is the head of the Council of Ministers. He supervises the work
of the ministers and takes all necessary measures to coordinate the decisions
of the government. With the cooperation of the ministers, he determines
the programme and policies of the government and implements the laws.
In the case of discrepancies, or interferences in the constitutional duties
of the government agencies, the decision of the Council of Ministers at
the request of the President shall be binding provided it does not call
for an interpretation of or modification in the laws. The President is
responsible to the Assembly for the actions of the Council of Ministers.
Article 135 The
ministers shall continue in office unless they are dismissed, or given
a vote of no-confidence by the Assembly as a result of their interpolation,
or a motion for a vote of no- confidence against them. The resignation
of the Council of Ministers, or that of each of them shall be submitted
to the President, and the Council of Ministers shall continue to function
until such time as the new government is appointed. The President can
appoint a caretaker for a maximum period of three months for the ministries
having no minister. Article 136 The
President can dismiss the ministers and in such a case he must obtain
a vote of confidence for the new minister(s) from the Assembly. In case
half of the members of the Council of Ministers are changed after the
government has received its vote of confidence from the Assembly, the
government must seek a fresh vote of confidence from the Assembly. Article 137 Each
of the ministers is responsible for his duties to the President and the
Assembly, but in meters approved by the Council of Ministers as a whole,
he is also responsible for the actions of the others. Article 138 In
addition to instances in which the Council of Ministers or a single minister
is authorized to frame procedures for the implementation of laws, the
Council of Ministers has the right to lay down rules, regulations, and
procedures for performing its administrative duties, ensuring the implementation
of laws, and setting up administrative bodies. Each of the ministers also
has the right to frame regulations and issue circular in matters within
his jurisdiction and in conformity with the decisions of the Council of
Ministers. However, the content of all such regulations must not violate
the letter or the spirit of the law. The government can entrust any portion
of its task to the commissions composed of some ministers. The decisions
of such commissions within the rules will be binding after the endorsement
of the President. The ratification and the regulations of the government
and the decisions of the commissions mentioned under this Article shall
also be brought to the notice of the Speaker of the Islamic Consultative
Assembly while being communicated for implementation so that in the event
he finds them contrary to law, he may send the same stating the reason
for reconsideration by the Council of Ministers. Article 139 The
settlement, of claims relating to public and state property or the referral
thereof to arbitration is in every case dependent on the approval of the
Council of Ministers, and the Assembly must be informed of these matters.
In cases where one party to the dispute is a foreigner, as well as in
important cases that are purely domestic, the approval of the Assembly
must also be obtained. Law will specify the important cases intended here.
Article 140 Allegations
of common crimes against the President, his deputies, and the ministers
will be investigated in common courts of justice with the' knowledge of
the Islamic Consultative Assembly. Article 141 The
President, the deputies to the President, ministers, and government employees
cannot hold more than one government position, and it is forbidden for
them to hold any kind of additional post in institutions of which all
or a part of the capital belongs to the government or public institutions,
to be a member of the Islamic Consultative Assembly, to practice the profession
of attorney or legal adviser, or to hold the post of president, managing
director, or membership of the board of directors of any kind of private
company, with the exception of cooperative companies affiliated to the
government departments and institutions. Teaching positions in universities
and research institutions are exempted from this rule. Article 142 The assets of the Leader, the President, the deputies to the President, and ministers, as well as those of their spouses and offspring, are to be examined before and after their term of office by the head of the judicial power, in order to ensure they have not increased in a fashion contrary to law.
The
Army of the Islamic Republic of Iran is responsible for guarding the independence
and territorial integrity of the country, as well as the order of the
Islamic Republic. Article 144 The
Army of the Islamic Republic of Iran must be an Islamic Army, i.e., committed
to Islamic ideology and the people, and must recruit into its service
individuals who have faith in the objectives of the Islamic Revolution
and are devoted to the cause of realizing its goals. Article 145 No
foreigner will be accepted into the Army or security forces of the country.
Article 146 The
establishment of any kind of foreign military base in Iran, even for peaceful
purposes, is forbidden. Article 147 In
time of peace, the government must utilize the personnel and technical
equipment of the Army in relief operations, and for educational and productive
ends, and the Construction Jihad, while fully observing the criteria of
Islamic justice and ensuring that such utilization does not harm the combat-readiness
of the Army. Article 148 All
forms of personal use of military vehicles, equipment, and other means,
as well as taking advantage of Army personnel as personal servants and
chauffeurs or in similar capacities, are forbidden. Article 149 Promotions
in military rank and their withdrawal take place in accordance with the
law. Article 150 The
Islamic Revolution Guards Corps, organized in the early days of the triumph
of the Revolution, is to be maintained so that it may continue in its
role of guarding the Revolution and its achievements. The scope of the
duties of this Corps, and its areas of responsibility, in relation to
the duties and areas of responsibility of the other armed forces, are
to be determined by law, with emphasis on brotherly cooperation and harmony
among them. Article 151 In accordance with the noble Qur'anic verse: (Prepare
against them whatever force you are able to muster, and horses ready for
battle, striking fear into God's enemy and your enemy, and others beyond
them unknown to you but known to God... [8:60]).
The
foreign policy of the Islamic Republic of Iran is based upon the rejection
of all forms of domination, both the exertion of it and submission to
it, the preservation of the independence of the country in all respects
and its territorial integrity, the defence of the rights of all Muslims,
non-alignment with respect to the hegemonist superpowers, and the maintenance
of mutually peaceful relations with all non-belligerent States. Article 153 Any
form of agreement resulting in foreign control over the natural resources,
economy, army, or culture of the country, as well as other aspects of
the national life, is forbidden.
The
Islamic Republic of Iran has as its ideal human felicity throughout human
society, and considers the attainment of independence, freedom, and rule
of justice and truth to be the right of all people of the world. Accordingly,
while scrupulously refraining from all forms of interference in the internal
affairs of other nations, it supports the just struggles of the mustad'afun
against the mustakbirun in every corner of the globe. Article 155 The government of the Islamic Republic of Iran may grant political asylum to those who seek it unless they are regarded as traitors and saboteurs according to the laws of Iran.
The
judiciary is an independent power, the protector of the rights of the
individual and society, responsible for the implementation of justice,
and entrusted with the following duties: 1.investigating
and passing judgement on grievances, violations of rights, and complaints;
the resolving of litigation; the settling of disputes; and the taking
of all necessary decisions and measures in probate matters as the law
may determine;
In
order to fulfil the responsibilities of the judiciary power in all the
matters concerning judiciary, administrative and executive areas, the
Leader shall appoint a just Mujtahid well versed in judiciary affairs
and possessing prudence. and administrative abilities as the head of the
judiciary power for a period of five years who shall be the highest judicial
authority. Article 158 The
head of the judiciary branch is responsible for the following: 1.Establishment
of the organizational structure necessary for the administration of justice
commensurate with the responsibilities mentioned under Article 156. Article 159 The
courts of justice are the official bodies to which all grievances and
complaints are to be referred. The formation of courts and their jurisdiction
is to be determined by law. Article 160 The
Minister of Justice owes responsibility in all matters concerning the
relationship between the judiciary, on the one hand, and the executive
and legislative branches, on the other hand. He will be elected from among
the individuals proposed to the President by the head of the judiciary
branch. The head of the judiciary may delegate full authority to the Minister
of Justice in financial and administrative areas and for employment of
personnel other than judges in which case the Minister of Justice shall
have the same authority and responsibility as those possessed by the other
ministers in their capacity as the highest ranking government executives.
Article 161 The
Supreme Court is to be formed for the purpose of supervising the correct
implementation of the laws by the courts, ensuring uniformity of judicial
procedure, and fulfilling any other responsibilities assigned to it by
law, on the basis of regulations to be established by the head of the
judicial branch. Article 162 The
chief of the Supreme Court and the Prosecutor-General must both be just
mujtahids well versed in judicial matters. They will be nominated by the
head of the judiciary branch for a period of five years, in consultation
with the judges of the Supreme Court. Article 164 A
judge cannot be removed, whether temporarily or permanently, from the
post he occupies except by trial and proof of his guilt, or in consequence
of a violation entailing his dismissal. A judge cannot be transferred
or redesignated without his consent, except in cases when the interest
of society necessitates it, that too, with the decision of the head of
the judiciary branch after consultation with the chief of the Supreme
Court and the Prosecutor General. The periodic transfer and rotation of
judges will be in accordance with general regulations to be laid down
by law. Article 165 Trials
are to be held openly and members of the public may attend without any
restriction; unless the court determines that an open trial would be detrimental
to public morality or discipline, or if in case of private disputes, both
the parties request not to hold open hearing. Article 166 The
verdicts of courts must be well reasoned out and documented with reference
to the articles and principles of the law in accordance with which they
are delivered. Article 167 The
judge is bound to endeavor to judge each case on the basis of the codified
law. In case of the absence of any such law, he has to deliver his judgement
on the basis of authoritative Islamic sources and authentic fatawa. He,
on the pretext of the silence of or deficiency of law in the matter, or
its brevity or contradictory nature, cannot refrain from admitting and
examining cases and delivering his judgement. Article 168 Political
and press offenses will be tried openly and in the presence of a jury,
in courts of justice. The manner of the selection of the jury, its powers,
and the definition of political offenses, will be determined by law in
accordance with the Islamic criteria. Article 169 No
act or omission may be regarded as a crime with retrospective effect on
the basis of a law framed subsequently. Article 170 Judges
of courts are obliged to refrain from executing statutes and regulations
of the government that are in conflict with the laws or the norms of Islam,
or lie outside the competence of,the executive power. Everyone has the
right to demand the annulment of any such regulation from the Court of
Administrative Justice. Article 171 Whenever
an individual suffers moral or material loss as the result of a default
or error of the judge with respect to the subject matter of a case or
the verdict delivered, or the application of a rule in a particular case,
the defaulting judge must stand surety for the reparation of that loss
in accordance with the Islamic criteria, if it be a case of default. Otherwise,
losses will be compensated for by the State. In all such cases, the repute
and good standing of the accused will be restored. Article 172 Military
courts will be established by law to investigate crimes committed in connection
with military or security duties by members of the Army, the Gendarmerie,
the police, and the Islamic Revolution Guards Corps. They will be tried
in public courts, however, for common crimes or crimes committed while
serving the department of justice in executive capacity. The office of
military prosecutor and the military courts form part of the judiciary
and are subject to the same principles that regulate the judiciary. Article 173 In
order to investigate the complaints, grievances, and objections of the
people with respect to government officials, organs, and statutes, a court
will be established to be known as the Court of Administrative Justice
under the supervision of the head of the judiciary branch. The jurisdiction,
powers, and mode of operation of this court will be laid down by law.
Article 174 In accordance with the right of the judiciary to supervise the proper conducting of affairs and the correct implementation of laws by the administrative organs of the government, an organization I will be constituted under the supervision of the head of the judiciary branch to be known as the National General Inspectorate. The powers and duties of this organization will be determined by law.
The freedom of expression and dissemination of thoughts in the Radio and Television of the Islamic Republic of Iran must be guaranteed in keeping with the Islamic' criteria and the best interests of the country. The appointment and dismissal of the head of the Radio and Television of the Islamic Republic of Iran rests with the Leader. A council consisting of two representatives each of the President, the head of the judiciary branch and the Islamic Consultative Assembly shall supervise the functioning of this organization. The policies and the manner of managing the organization and its supervision will be determined by law. Article 176 In order to safeguarding the national interests and preserving the Islamic Revolution, the territorial integrity and national sovereignty, a Supreme Council for National Security presided over by the President shall be constituted to fulfil the following responsibilities: 1.Determining
the defence and national security policies within the framework of general
policies determined by the Leader.
The revision of the Constitution of the Islamic Republic of Iran, whenever needed by the circumstances, will be done in the following manner: The Leader issues an edict to the President after consultation with the Nation's Exigency Council stipulating the amendments or additions to be made by the Council for Revision of the Constitution which consists of: 1.Members
of the Guardian Council. Copyright
© 2002 Irano-British Chamber of Commerce, Industries and Mines. All
rights reserved. Revised: 1 March, 2004. |