Islamic Regime in Iran Constitution of 1979 with Amendment through 1989

 

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

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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

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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

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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

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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.

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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 Farwardξn 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

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• 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;

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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.

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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.

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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'farξ school [in usul al-Dξn and

fiqh], and this principle will remain eternally immutable. Other Islamic schools,

including the Hanafξ, Shafi'ξ, Malikξ, Hanbalξ, and Zaydξ, 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.

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• 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

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• 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.

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• 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.

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• 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

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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.

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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.

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• 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.

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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].

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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:

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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.

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• 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.

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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.

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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.

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• 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.

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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.

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•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.

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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

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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.

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• 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.

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• 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.

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• 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.

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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.

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• 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.

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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.

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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.

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• 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.

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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.

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• 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.

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• 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.

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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:

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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.

 

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