|
|
|
|
|
Table of contents
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .
3
CHAPTER I: General Principles . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .
8
CHAPTER II: The Official Language, Script, Calendar, and Flag of
the Country . . .
12
CHAPTER III: The Rights of the People . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .
13
CHAPTER IV: Economy and Financial Affairs . . . . . . . . . . . .
. . . . . . . . . . . . . .
16
CHAPTER V: The Right of National Sovereignty and the Powers
Deriving
Therefrom
20
CHAPTER VI: The Legislative Power . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .
21
SECTION 1: The Islamic Consultative Assembly . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .
21
SECTION 2: Powers and Authority of the Islamic Consultative
Assembly . . . . . . . . . . . . . . . . .
22
CHAPTER VII: Councils . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . .
27
CHAPTER VIII: The Leader or Leadership Council . . . . . . . . . .
. . . . . . . . . . . . .
28
CHAPTER IX: The Executive Power . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .
31
SECTION 1: The Presidency . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31
SECTION 2: The President and Ministers . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
34
SECTION 3: The Army and the Islamic Revolution Guards Corps . . .
. . . . . . . . . . . . . . . . . . . .
36
CHAPTER X: Foreign Policy . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .
37
CHAPTER XI: The Judiciary . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .
38
CHAPTER XII: Radio and Television . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .
41
CHAPTER XIII: Supreme Council for National Security . . . . . . .
. . . . . . . . . . . . .
42
CHAPTER XIV: The Revision of the Constitution . . . . . . . . . .
. . . . . . . . . . . . . .
42
Preamble
In the Name of Allah, the Compassionate, the Merciful
We sent aforetime Our apostles with clear signs, and sent down
with them the Book
and the Balance that men may uphold justice... (57:25)
The Constitution of the Islamic Republic of Iran sets forth the
cultural, social,
political, and economic institutions of Iranian society on the
basis of Islamic
principles and norms, which represent the earnest aspiration of
the Islamic Ummah.
This basic aspiration was made explicit by the very nature of the
great Islamic
Revolution of Iran, as well as the course of the Muslim people's
struggle, from its
beginning until victory, as reflected in the decisive and forceful
slogans raised by all
segments of the populations. Now, at the threshold of this great
victory, our nation,
with all its being, seeks its fulfilment.
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-colonist 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 the
eminent marji'
al-taqlid, Ayatullah al-'Uzma Imam Khomeini, came to perceive the
necessity of
pursuing an authentically 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 beginning of the most
recent movement of
the Iranian people is to be put at 1382 of the lunar Islamic
calendars, corresponding to
1341 of the solar Islamic calendar [1962 of the Christian
calendar]).
•
Political theorists/figures
•
Reference to country's history
•
Crimes of the previous regime
The Dawn of the Movement
The devastating protest of Imam Khomeini 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 the month
of Khordad, 1342 [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 Khomeini 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.
•
Political theorists/figures
•
Reference to country's history
•
Crimes of the previous regime
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 4
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 based upon wilayat al-faqih, as
proposed by
Imam Khomeini at the height of the period of repression and
strangulation practiced
by the despotic regime, produced a new specific, and streamlined
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.
•
Political theorists/figures
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, will 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 Khomeini on 15 Day, 1356 [January 7, 1978] by the
ruling regime
accelerated the revolutionary movement and caused an outburst of
popular outrage
across the country. The regime attempted to quell the volcano 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.
•
Political theorists/figures
•
Reference to fraternity/solidarity
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 5
The Price the Nation Paid
After slightly more than a year of continuous and unrelenting
struggle, the sapling of
the Revolution, watered by the blood of more than 60,000 martyrs
and 100,000
wounded and disabled, not to mention billions of tumans' worth of
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.
Bahman 21 and 22, 1357 [February 12 and 13, 1979] 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, and with the participation of the maraji' al-taqlid,
the 'ulama' of Islam,
and the leadership, 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 98.2% majority 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 taghuti 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. It
represents rather the
crystallization 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 taghuti
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.
•
God or other deities
•
Motives for writing constitution
•
Status of religious law
•
Right to self determination
With due attention to the Islamic content of the Iranian
Revolution, which has been a
movement aimed at the triumph of all the mustad'afun over the
mustakbirun, 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 Qur'anic 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 Qur'anic verse "He removes from them
their burdens and
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 6
the fetters that were upon them" [7:157]).
•
Motives for writing constitution
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
Qur'anic verse "Verily My righteous servants shall inherit the
earth" [21:105]).
Legislation setting forth regulations for the administration of
society will revolve
around the Qur'an and the Sunnah. Accordingly, the exercise of
meticulous and
earnest supervision by just, pious, and committed scholars of
Islam (al-fuqaha'
al-'udul) 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 Qur'anic 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.
•
Motives for writing constitution
•
Status of religious law
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 government of the mustad'afun
upon the earth (in
accordance with the Qur'anic 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]).
•
Motives for writing constitution
•
Status of religious law
The Wilayah of the Just Faqih
In keeping with the principles of governance [wilayat al-'amr] and
the perpetual
necessity of leadership [imamah], the Constitution provides for
the establishment of
leadership by a faqih possessing the necessary qualifications
[jami' al-shara'it.] and
recognized as leader by the people (this is in accordance with the
hadith "The
direction of [public] affairs is in the hands of those who are
learned concerning God
and are trustworthy in matters pertaining to what He permits and
forbids" [Tuhaf
al-'uqul, p. 176]). Such leadership will prevent any deviation by
the various organs of
State from their essential Islamic duties.
•
Duty to obey the constitution
•
Status of religious law
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.
•
Right to work
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 7
Woman in the Constitution
Through the creation of Islamic social infrastructures, all the
elements of humanity
that hitherto 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 taghuti 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 as an
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 defense 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 Qur'anic
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 Qur'anic verse "When you judge among the people, judge with
justice" [4:58]).
•
Duty to obey the constitution
•
Status of religious law
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 taghuti forms of government, will be firmly cast away,
so that an
executive system that functions efficiently and swiftly in the
fulfilment of its
administrative commitments comes into existence.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 8
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 [mu'min]
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 Qur'anic verse
"Thus We made you
a median community, that you might be witnesses to men" [2:143]).
•
Human dignity
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, on the eve of
the fifteenth century after the migration of the Holy Prophet
(peace and blessings be
upon him and his Family), the founder of the redeeming school of
Islam, and in
accordance with the aims and aspirations set out above, with the
hope that this
century will witness the establishment of a universal government
of the mustad'afun
and the downfall of all the mustakbirun.
CHAPTER I: General Principles
•
Type of government envisioned
Article 1
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 Farwardîn 9 and 10 in the
year 1358 of the
solar Islamic calendar, corresponding to Jamadial-'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' altaqlid, Ayatullah al-'Uzma Imam Khomeini.
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;
•
God or other deities
•
God or other deities
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;
•
God or other deities
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 9
•
God or other deities
4.
the justice of God in creation and legislation;
5.
continuous leadership (imamah) 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;
•
Human dignity
•
Reference to fraternity/solidarity
in which equity, justice, political, economic, social, and
cultural independence, and
national solidarity are secured by recourse to:
a.
continuous ijtihad of the fuqaha' possessing necessary
qualifications,
exercised on the basis of the Qur'an and the Sunnah of the
Ma'sumun, 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;
•
Reference to art
•
Reference to science
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
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;
•
State operation of the media
3.
free education and physical training for everyone at all levels,
and the
facilitation and expansion of higher education;
•
Free 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;
•
Right to culture
•
Reference to science
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;
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 10
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
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 defense 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;
•
Right to health care
•
Right to shelter
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
mustad'afun of the world.
•
Status of religious law
Article 4
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 fuqaha' of the Guardian Council are
judges in this matter.
•
Political theorists/figures
Article 5
During the Occultation of the Walial-'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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 11
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.
•Municipal
government
Article 7
•
Subsidiary unit government
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 the--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.
•
Right to found a family
Article 10
Since the family is the fundamental unit of Islamic society, all
laws, regulations, and
pertinent programmers 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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 12
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.
•
Freedom of religion
Article 12
•
Official religion
The official religion of Iran is Islam and the Twelver Ja'farî
school [in usul al-Dîn and
fiqh], and this principle will remain eternally immutable. Other
Islamic schools,
including the Hanafî, Shafi'î, Malikî, Hanbalî, and Zaydî, 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.
•
Freedom of religion
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 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
•
Official or national languages
Article 15
•
Protection of language use
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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 13
•
Official or national languages
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.
•
Political theorists/figures
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.
•
National flag
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 (Allahu
Akbar).
CHAPTER III: The Rights of the People
•
General guarantee of equality
Article 19
•
Equality regardless of gender
•
Equality regardless of skin color
•
Equality regardless of race
•
Equality regardless of language
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.
•
Equality regardless of gender
Article 20
•
Equality regardless of skin color
•
Equality regardless of race
•
Equality regardless of language
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;
2.
the protection of mothers, particularly during pregnancy and
childrearing,
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, and 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.
•
Rights of children
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 14
•
Human dignity
Article 22
•
Inalienable rights
•
Right to life
•
Right to own property
The dignity, life, property, rights, residence, and occupation of
the individual are
inviolate, except in cases sanctioned by law.
•
Freedom of opinion/thought/conscience
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.
•
Freedom of press
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.
•
Freedom of press
Article 25
•
Right to privacy
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 wilfull failure to transmit them,
eaves-dropping, and all forms of
covert investigation are forbidden, except as provided by law.
•
Freedom of association
Article 26
•
Right to join trade unions
•
Restrictions on political parties
•
Right to form political parties
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.
•
Freedom of assembly
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.
•
Right to choose occupation
Article 28
•
Right to work
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.
•
State support for the elderly
Article 29
•
State support for the unemployed
•
State support for the disabled
•
State support for children
•
Right to health care
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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 15
•
Free education
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.
•
Right to shelter
Article 31
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.
•
Protection from unjustified restraint
Article 32
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
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.
•
Right to counsel
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.
•
Principle of no punishment without law
Article 36
The passing and execution of a sentence must be only by a
competent court and in
accordance with law.
•
Presumption of innocence in trials
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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 16
•
Prohibition of cruel treatment
Article 38
•
Prohibition of 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.
•
Prohibition of cruel treatment
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.
•
Requirements for birthright citizenship
Article 41
•
Right to renounce citizenship
•
Conditions for revoking 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.
•
Right to renounce citizenship
Article 42
•
Conditions for revoking citizenship
•
Requirements for naturalization
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
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;
•
Right to shelter
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 17
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;
•
Right to work
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;
•
Right to development of personality
•
Economic plans
•
Right to rest and leisure
4.
respect for the right to choose freely one's occupation;
refraining from
compelling anyone to engage in a particular job; and preventing
the
exploitation of another's labor;
•
Right to choose occupation
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 science and technology, and the training of
skilled
personnel in accordance with the developmental needs of the
country's
economy;
•
Reference to science
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
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.
•
State operation of the media
•
Radio
•
Television
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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 18
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.
•
Protection from expropriation
Article 45
•
Ownership of natural resources
Public wealth and property, such as uncultivated or abandoned
land, mineral
deposits, seas, lakes, rivers and other public water-ways,
mountains, valleys, forests,
marshland, 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.
•
Right to establish a business
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.
•
Protection from expropriation
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.
•
Protection from expropriation
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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 19
•
Protection of environment
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.
•
Budget bills
Article 52
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 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.
•
National capital
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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 20
CHAPTER V: The Right of National
Sovereignty and the Powers Deriving
Therefrom
Article 56
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.
•
Claim of executive independence
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.
•
Structure of legislative chamber(s)
Article 58
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.
•
Referenda
Article 59
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
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 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 [al-hudud al-'Ilahiyyah].
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 21
CHAPTER VI: The Legislative Power
SECTION 1: The Islamic Consultative Assembly
•
Structure of legislative chamber(s)
Article 62
The Islamic Consultative Assembly is constituted by the
representatives of the
people elected directly and by secret ballot.
•
Secret ballot
•
First chamber selection
•
Restrictions on voting
The qualifications of voters and candidates, as well as the nature
of election, will be
specified by law.
•
Minimum age for first chamber
•
Eligibility for first chamber
Article 63
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.
•
First chamber selection
•
Term length for first chamber
•
Structure of legislative chamber(s)
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.
•
Size of first chamber
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.
•
First chamber representation quotas
The limits of the election constituencies and the number of
representatives will be
determined by law.
•
Quorum for legislative sessions
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 approval of the
code of procedure of the Assembly.
•
Legislative committees
Article 66
•
Leader of first chamber
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.
•
Oaths to abide by constitution
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:
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 22
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.
Members belonging to the religious minorities will swear by their
own sacred books
while taking this oath.
Members not attending the first session will perform the ceremony
of taking the
oath at the first session they attend.
•
Constitutional court powers
Article 68
•
Extraordinary legislative sessions
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.
•
Constitutional court powers
Article 69
•
Emergency provisions
•
Public or private sessions
•
Publication of deliberations
•
Radio
•
Secrecy of legislative votes
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.
SECTION 2: Powers and Authority of the Islamic
Consultative Assembly
•
Initiation of general legislation
Article 71
The Islamic Consultative Assembly can establish laws on all
matters, within the limits
of its competence as laid down in the Constitution.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 23
•
First chamber reserved policy areas
Article 72
•
Status of religious law
The Islamic Consultative Assembly cannot enact laws contrary to
the usul 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.
•
Initiation of general legislation
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 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
The Islamic Consultative Assembly has the right to investigate and
examine all the
affairs of the country.
•
International law
Article 77
•
Treaty ratification
•
Legal status of treaties
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.
•
Emergency provisions
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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 24
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.
•
Duty to obey the constitution
Article 85
•
Legislative committees
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.
•
Immunity of legislators
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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 25
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.
•
Legislative oversight of the executive
Article 88
Whenever at least one-fourth of the total members of the Islamic
Consultative
Assembly poses 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.
Interpellations 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 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 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 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 Section (10)
of Article
110 of the Constitution.
•
Head of government removal
•
Legislative oversight of the executive
•
Legislative oversight of the executive
Article 90
•
Right of petition
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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 26
•
Eligibility for const court judges
Article 91
•
Constitutional court selection
With a view to safeguard the Islamic ordinances and the
Constitution, in order to
examine the compatibility of the legislations 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
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.
•
Constitutional court term length
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 the six jurists on the Guardian
Council.
•
Establishment of constitutional court
Article 94
•
Approval of general legislation
•
Status of religious law
•
Constitutionality 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.
•
Approval of general legislation
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.
•
Approval of general legislation
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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 27
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.
•
Constitutional interpretation
Article 98
•
Constitutionality of legislation
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.
•
Constitutional court powers
Article 99
•
Head of government selection
•
Referenda
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
•Municipal
government
Article 100
•
Subsidiary unit government
In order to expedite social, economic, development, public health,
cultural, and
educational programmers 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.
•
Subsidiary unit government
Article 101
In order to prevent discrimination in the preparation of
programmers 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
programmers, 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.
•
Subsidiary unit government
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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 28
•Municipal
government
Article 103
•
Subsidiary unit government
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.
•Mentions
of social class
Article 104
In order to ensure Islamic equity and cooperation in chalking out
the programmers
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 to be specified by law.
•
National vs subnational laws
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.
CHAPTER VIII: The Leader or Leadership
Council
•
Name/structure of executive(s)
Article 107
•
Head of state selection
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 Khomeinii--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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 29
The Leader is equal with the rest of the people of the country in
the eyes of law.
•
Head of state selection
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.
•
Eligibility for head of state
Article 109
Following are the essential qualifications and conditions for the
Leader:
a.
scholarship, as required for performing the functions of muftiin
different
fields of fiqh.
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.
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.
•
Head of state powers
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.
•
Head of government removal
2.
Supervision over the proper execution of the general policies of
the system.
3.
Issuing decrees for national referenda.
•
Designation of commander in chief
4.
Assuming supreme command of the armed forces.
•
Power to declare/approve war
5.
Declaration of war and peace, and the mobilization of the armed
forces.
6.
Appointment, dismissal, and acceptance of resignation of:
a.
the fuqaha' 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.
•
Radio
•
Television
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 30
d.
the chief of the joint staff.
e.
the chief commander of the Islamic Revolution Guards Corps.
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 the Presidency], by the
Leadership;
•
Constitutional court powers
•
Head of government selection
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
of the
Constitution.
11.
Pardoning or reducing the sentences of convicts, within the
framework of
Islamic criteria, on a recommendation [to that effect] from the
Head of
judicial power. The Leader may delegate part of his duties and
powers to
another person.
•
Power to pardon
Article 111
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.
•
Head of state removal
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 judiciary 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.
•
Head of state replacement
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.
•
Head of state replacement
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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 31
•
Advisory bodies to the head of state
Article 112
•
Status of religious law
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 Shari'ah 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.
CHAPTER IX: The Executive Power
SECTION 1: The Presidency
•
Name/structure of executive(s)
Article 113
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.
•
Head of government term length
Article 114
•
Head of government term limits
The President is elected for a four-year term by the direct vote
of the people. His
reelection 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:
•
Eligibility for head of government
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.
•
Head of government selection
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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 32
•
Head of government selection
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:
•
Human dignity
•
Political theorists/figures
•
God or other deities
•
Oaths to abide by constitution
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 fulfilment 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.
Article 122
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.
•
Approval of general legislation
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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 33
•
Deputy executive
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.
•
Foreign affairs representative
Article 125
•
Head of government powers
•
International law
•
International organizations
•
Treaty ratification
•
Legal status of 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.
•
Head of government powers
Article 126
The President is responsible for national planning and budget and
state employment
affairs and may entrust the administration of these to others.
•
Head of government powers
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 the same as
those of the President and the Council of Ministers.
•
Foreign affairs representative
Article 128
•
Head of government powers
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.
•
Head of government powers
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.
•
Deputy executive
Article 131
•
Head of government replacement
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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 34
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.
SECTION 2: The President and Ministers
•
Establishment of cabinet/ministers
Article 133
•
Cabinet selection
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.
•
Head of government powers
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 interpellation, 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.
•
Cabinet removal
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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 35
•
Cabinet removal
Article 137
Each of the ministers is responsible for his duties to the
President and the Assembly,
but in matters approved by the Council of Ministers as a whole, he
is also responsible
for the actions of the others.
•
Powers of cabinet
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 circulars 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 ratifications 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.
•
Head of government removal
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.
•
Eligibility for cabinet
Article 141
•
Head of government's role in the
legislature
•
Outside professions of legislators
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 practise 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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 36
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.
SECTION 3: The Army and the Islamic Revolution Guards
Corps
Article 143
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.
•
Selection of active-duty commanders
Article 149
Promotions in military rank and their withdrawal take place in
accordance with the
law.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 37
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.
•
Right to bear arms
Article 151
In accordance with the noble Qur'anic verse:
[Persian Text omitted]
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 government is obliged to provide a program of military
training, with all
requisite facilities, for all its citizens, in accordance with the
Islamic criteria, in such a
way that all citizens will always be able to engage in the armed
defense of the Islamic
Republic of Iran. The possession of arms, however, requires the
granting of
permission by the competent authorities.
CHAPTER X: Foreign Policy
•
Right to self determination
Article 152
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
defense 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.
•
Ownership of natural resources
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.
•
Right to self determination
Article 154
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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 38
•
Protection of stateless persons
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.
CHAPTER XI: The Judiciary
Article 156
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:
•
Judicial independence
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;
2.
restoring public rights and promoting justice and legitimate
freedoms:
3.
supervising the proper enforcement of laws;
4.
uncovering crimes; prosecuting, punishing, and chastising
criminals; and
enacting the penalties and provisions of the Islamic penal code;
5.
taking suitable measures to prevent the occurrence of crime and to
reform
criminals.
Article 157
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.
2.
Drafting judiciary bills appropriate for the Islamic Republic.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 39
3.
Employment of just and worthy judges, their dismissal,
appointment,
transfer, assignment to particular duties, promotions, and
carrying out
similar administrative duties, in accordance with the law.
•
Supreme court selection
•
Supreme/ordinary court judge removal
•
Ordinary court selection
•
Structure of the courts
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.
•
Judicial precedence
Article 161
•
Structure of the courts
•
Supreme court powers
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.
•
Attorney general
Article 162
•
Eligibility for supreme court judges
•
Supreme court selection
•
Supreme court term length
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.
•
Eligibility for administrative judges
Article 163
•
Minimum age of supreme court judges
•
Eligibility for supreme court judges
•
Supreme court selection
The conditions and qualifications to be fulfilled by a judge will
be determined by law,
in accordance with the criteria of fiqh.
•
Supreme court term length
Article 164
•
Supreme/ordinary court judge removal
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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 40
•
Right to public trial
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.
•
Supreme court opinions
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.
•
Jury trials required
Article 168
Political and press offences 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 offences, will be determined by law in
accordance with the
Islamic criteria.
•
Protection from ex post facto laws
Article 169
No act or omission may be regarded as a crime with retrospective
effect on the basis
of a law framed subsequently.
•
Establishment of administrative courts
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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 41
•
Establishment of military courts
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.
•
Ultra-vires administrative actions
Article 173
•
Establishment of administrative courts
•
Right of petition
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 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.
CHAPTER XII: Radio and Television
•
State operation of the media
Article 175
•
Media commission
•
Freedom of press
•
Radio
•
Television
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.
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 42
CHAPTER XIII: Supreme Council for National
Security
•
Advisory bodies to the head of state
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 defense and national security policies within the
framework of general policies determined by the Leader.
2.
Coordination of activities in the areas relating to politics,
intelligence,
social, cultural and economic fields in regard to general defense
and
security policies.
3.
Exploitation of materialistic and intellectual resources of the
country for
facing the internal and external threats.
The Council shall consist of: heads of three branches of the
government, chief of the
Supreme Command Council of the Armed Forces, the officer in charge
of the
planning and budget affairs, two representatives nominated by the
Leader, ministers
of foreign affairs, interior, and information, a minister related
with the subject, and
the highest ranking officials from the Armed Forces and the
Islamic Revolution's
Guards Corps.
Commensurate with its duties, the Supreme Council for National
Security shall form
sub councils such as Defense Sub-council and National Security
Sub-council. Each
Sub council will be presided over by the President or a member of
the Supreme
Council for National Security appointed by the President.
The scope of authority and responsibility of the Sub-councils will
be determined by
law and their organizational structure will be approved by the
Supreme Council for
National Defense.
The decisions of the Supreme Council for National Security shall
be effective after
the confirmation by the Leader.
CHAPTER XIV: The Revision of the
Constitution
•
Constitution amendment procedure
Article 177
The revision of the Constitution of the Islamic Republic of Iran,
whenever needed by
the circumstances, will be done in the following manner:
constituteproject.org
PDF generated: 09 Apr 2021, 15:49
Iran (Islamic Republic of) 1979 (rev. 1989) Page 43
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.
2.
Heads of the three branches of the government.
3.
Permanent members of the Nation's Exigency Council.
4.
Five members from among the Assembly of Experts.
5.
Ten representatives selected by the Leader.
6.
Three representatives from the Council of Ministers.
7.
Three representatives from the judiciary branch.
8.
Ten representatives from among the members of the Islamic
Consultative
Assembly.
9.
Three representatives from among the university professors.
The method of working, manner of selection and the terms and
conditions of the
Council shall be determined by law.
The decisions of the Council, after the confirmation and
signatures of the Leader,
shall be valid if approved by an absolute majority vote in a
national referendum.
The provisions of Article 59 of the Constitution shall not apply
to the referendum for
the "Revision of the Constitution."
The contents of the Articles of the Constitution related to the
Islamic character of
the political system; the basis of all the rules and regulations
according to Islamic
criteria; the religious footing; the objectives of the Islamic
Republic of Iran; the
democratic character of the government; the wilayat al-'amr; the
Imamate of
Ummah; and the administration of the affairs of the country based
on national
referenda, official religion of Iran [Islam] and the school
[Twelver Ja'fari] are
unalterable.
MEHR Tel:
(310) 377-4590
|
||
|
|
|
MEHR has no affiliation to any Iranian/non-Iranian political or
religious group. The operation of MEHR is solely based upon the
donations and contributions of the members and supporters. No part of
the contributions shall inure to the benefit of, or be distributable
to its members, trustees, directors, officers or other private
persons.
|
|
MEHR is a tax-exempt, 501 C (3), organization and all contributions
are tax deductible
|
