قانون اساسی ایران (انگلیسی)



‎‎‎ ‎‎‎

Iran - Constitution

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{ Adopted on: 24 Oct 1979 }
{ Effective since: 3 Dec 1979 }
{ Amended on: 28 July 1989 }
{ ICL Document Status: 1992 }


{ Editor''s Note
The original raw text is based on a translation provided by the Iranian embassy
in London. It has been extensively changed in 1994 and 1995 to adapt it to ICL
standards. }

Preamble
The Constitution of the Islamic Republic of Iran advances the cultural٫ social٫
political٫ and economic institutions of Iranian society based on Islamic
principles and norms٫ which represent an honest aspiration of the Islamic
Ummah. This aspiration was exemplified by the nature of the great Islamic
Revolution of Iran٫ and by the course of the Muslim people''s struggle٫ from
its beginning until victory٫ as reflected in the decisive and forceful calls
raised by all segments of the populations. Now٫ at the threshold of this great
victory٫ our nation٫ with all its beings٫ seeks its fulfillment.

The basic c‎harrracteristic of this revolution٫ which distinguishes it from
other movements that have taken place in Iran during the past hundred years٫ is
its ideological and Islamic nature. After experiencing the anti-despotic
constitutional movement and the anti-colonialist movement centered on the
nationalization of the oil industry٫ the Muslim people of Iran learned from
this costly experience that the obvious and fundamental reason for the failure
of those movements was their lack of an ideological basis. Although the Islamic
line of thought and the direction provided by militant religious leaders played
an essential role in the recent movements٫ nonetheless٫ the struggles waged in
the course of those movements quickly fell into stagnation due to departure
from genuine Islamic positions. Thus it was that the awakened conscience of the
nation٫ under the leadership of Imam Khumayni٫ came to perceive the necessity
of pursuing a genuinely Islamic and ideological line in its struggles. And this
time٫ the militant ''ulama'' of the country٫ who had always been in the
forefront of popular movements٫ together with the committed writers and
intellectuals٫ found new impetus by following his leadership.

The Dawn of the Movement
The devastating protest of Imam Khumayni against the American conspiracy known
as the "White Revolution٫" which was a step intended to stabilize the
foundations of despotic rule and to reinforce the political٫ cultural٫ and
economic dependence of Iran on world imperialism٫ brought into being a united
movement of the people and٫ immediately afterwards٫ a momentous revolution of
the Muslim nation in June 1963. Although this revolution was drowned in blood٫
in reality it heralded the beginning of the blossoming of a glorious and
massive uprising٫ which confirmed the central role of Imam Khumayni as an
Islamic leader. Despite his exile from Iran after his protest against the
humiliating law of capitulation (which provided legal immunity for American
advisers)٫ the firm bond between the Imam and the people endured٫ and the
Muslim nation٫ particularly committed intellectuals and militant ''ulama''٫
continued their struggle in the face of banishment and imprisonment٫ torture
and e‎xecccution.

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٫
e‎xecccution 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 e‎xecccution yards٫ or were gunned
down by the enemy in streets and marketplaces. Meanwhile٫ the continuing
declarations and messages of the Imam that were issued on various occasions٫
extended and deepened the consciousness and determination of the Muslim nation
to the utmost.

Islamic Government
The plan of the Islamic government as proposed by Imam Khumayni at the height
of the period of repression and strangulation practiced by the despotic regime٫
produced a new specific٫ and streamline motive for the Muslim people٫ opening
up before them the true path of Islamic ideological struggle٫ and giving
greater intensity to the struggle of militant and committed Muslims both within
the country and abroad.

The movement continued on this course until finally popular dissatisfaction and
intense rage of the public caused by the constantly increasing repression at
home٫ and the projection of the struggle at the international level after
exposure of the regime by the ''ulama'' and militant students٫ shook the
foundations of the regime violently. The regime and its sponsors were compelled
to decrease the intensity of repression and to "liberalize" the political
atmosphere of the country. This٫ they imagined٫ would serve as a safety valve٫
which would prevent their eventual downfall. But the people٫ aroused٫
conscious٫ and resolute under the decisive and unfaltering leadership of the
Imam٫ embarked on a triumphant٫ unified٫ comprehensive٫ and countrywide
uprising.

The Wrath of the People
The publication of an outrageous article meant to malign the revered
''ulama'' and in particular Imam Khumayni on 7 Jan 1978 by the ruling
regime accelerated the revolutionary movement and caused an outburst of popular
outrage across the country. The regime attempted to quiet the heat of the
people''s anger by drowning the protest and uprising in blood٫ but the
bloodshed only quickened the pulse rate of the Revolution. The seventh-day and
fortieth-day commemorations of the martyrs of the Revolution٫ like a series of
steady heartbeats٫ gave greater vitality٫ intensity٫ vigor٫ and solidarity to
this movement all over the country. In the course of this popular movement٫ the
employees of all government establishments took an active part in the effort to
overthrow the tyrannical regime by calling a general strike and participating
in street demonstrations. The widespread solidarity of men and women of all
segments of society and of all political and religious factions٫ played a
clearly determining role in the struggle. Especially the women were actively
and massively present in a most conspicuous manner at all stages of this great
struggle. The common sight
of mothers with infants in their arms rushing towards the scene of battle and
in front of the barrels of machine-guns indicated the essential and decisive
role played by this major segment of society in the struggle.

The Price the Nation Paid
After slightly more than a year of continuous and unrelenting struggle٫ the
sapling of the evolution٫ watered by the blood of more than 60٫000 martyrs and
100٫000 wounded and disabled٫ not to mention property damage٫ came to bear
fruit amidst the cries of "Independence! Freedom! Islamic government!" This
great movement٫ which attained victory through reliance upon faith٫ unity٫ and
the decisiveness of its leadership at every critical and sensitive juncture٫ as
well as the self-sacrificing spirit of the people٫ succeeded in upsetting all
the calculations of imperialism and destroying all its connections and
institutions٫ thereby opening a new chapter in the history of all-embracing
popular revolutions of the world.

On 12 and 13 Feb 1979٫ the world witnessed the collapse of the monarchical
regime. Domestic tyranny and foreign domination٫ both of which were based upon
it٫ were shattered. This great success proved to be the vanguard of Islamic
government -‎--‎- a long-cherished desire of the Muslim people -‎--‎- and
brought with it the glad tidings of final victory.

Unanimously٫ the Iranian people declared their final and firm decision٫ in the
referendum on the Islamic Republic٫ to bring about a new political system٫ that
of the Islamic Republic. A majority of 98.2% of the people voted for this
system. The Constitution of the Islamic Republic of Iran٫ setting forth as it
does the political٫ social٫ cultural٫ and economic institutions and their
relations that are to exist in society٫ must now provide for the consolidation
of the foundations of Islamic government٫ and propose the plan of a new system
of government to be erected on the ruins of the previous order.

The Form of Government in Islam
In the view of Islam٫ government does not derive from the interests of a class٫
nor does it serve the domination of an individual or a group. Rather٫ it
represents the fulfillment of the political ideal of a people who bear a common
faith and common outlook٫ taking an organized form in order to initiate the
process of intellectual and ideological evolution towards the final goal٫ i.e.٫
movement towards Allah. Our nation٫ in the course of its revolutionary
developments٫ has cleansed itself of the dust and impurities that accumulated
during the past and purged itself of foreign ideological influences٫ returning
to authentic intellectual standpoints and world-view of Islam. It now intends
to establish an ideal and model society on the basis of Islamic norms. The
mission of the Constitution is to realize the ideological ob‎jectttives of the
movement and to c‎reateee conditions conducive to the development of man in
accordance with the noble and universal values of Islam.

With due attention to the Islamic content of the Iranian Revolution٫ the
Constitution provides the necessary basis for ensuring the continuation of the
Revolution at home and abroad. In particular٫ in the development of
international relations٫ the Constitution will strive with other Islamic and
popular movements to prepare the way for the formation of a single world
community (in accordance with the Koranic verse "This your community is a
single community٫ and I am your Lord٫ so worship Me" [21:92])٫ and to assure
the continuation of the struggle for the liberation of all deprived and
oppressed peoples in the world.

With due attention to the essential c‎harrracter of this great movement٫ the
Constitution guarantees the rejection of all forms of intellectual and social
tyranny and economic monopoly٫ and aims at entrusting the destinies of the
people to the people themselves in order to break completely with the system of
oppression. (This is in accordance with the Koranic verse "He removes from them
their burdens an the fetters that were upon them" [7:157]).

In creating٫ on the basis of ideological outlook٫ the political infrastructures
and institutions that are the foundation of society٫ the righteous will assume
the responsibility of governing and adMinistering the country (in accordance
with the Koranic verse "Verily My righteous servants shall inherit the earth"
[21:105]). Legislation setting forth regulations for the administration of
society will revolve around the Koran and the Sunnah. Accordingly٫ the exercise
of meticulous and earnest supervision by just٫ pious٫ and committed scholars of
Islam is an absolute necessity. In addition٫ the aim of government is to foster
the growth of man in such a way that he progresses towards the establishment of
a Divine order (in accordance with the Koranic phrase "And toward God is the
journeying" [3 28]);‎‎‎ and to c‎reateee favorable conditions for the emergence
and blossoming of man''s innate capacities٫ so that the theomorphic
dimensions of the human being are manifested (in accordance with the injunction
of the Prophet (S) "Mould yourselves according to the Divine morality");‎‎‎
this goal cannot be attained without the active and broad participation of all
segments of society in the process of social development.

With due attention to this goal٫ the Constitution provides the basis of such
participation by all members of society at all stages of the political
decision-making process on which the destiny of the country depends. In this
way during the course of human development towards perfection٫ each individual
will himself be involved in٫ and responsible for the growth٫ advancement٫ and
leadership of society. Precisely in this lies the realization of the holy
government upon earth (in accordance with the Koranic verse "And we wish to
show favor to those who have been oppressed upon earth٫ and to make them
leaders and the inheritors." [28:5]).

The Principles of Governance of the Just Holy Person In keeping with the
principles of governance and the perpetual necessity of leadership٫ the
Constitution provides for the establishment of leadership by a holy person
possessing the necessary qualifications and recognized as leader by the people
(this is in accordance with the saying "The direction of affairs is in the
hands of those who are learned concerning God and are trustworthy in matters
pertaining to what He permits and forbids"). Such leadership will prevent any
deviation by the various organs of State from their essential Islamic duties.

The Economy is a Means٫ Not an End
In strengthening the foundations of the economy٫ the fundamental consideration
will be fulfillment of the material needs of man in the course of his overall
growth and development. This principle contrasts with other economic systems٫
where the aim is concentration and accumulation of wealth and maximization of
profit. In materialist schools of thought٫ the economy represents an end in
itself٫ so that it comes to be a subversive and corrupting factor in the course
of man''s development. In Islam٫ the economy is a means٫ and all that is
required of a means is that it should be an efficient factor contributing to
the attainment of the ultimate goal.

From this viewpoint٫ the economic program of Islam consists of providing the
means needed for the emergence of the various creative capacities of the human
being. Accordingly٫ it is the duty of the Islamic government to furnish all
citizens with equal and appropriate opportunities٫ to provide them with work٫
and to satisfy their essential needs٫ so that the course of their progress may
be assured.

Woman in the Constitution
Through the creation of Islamic social infrastructures٫ all the elements of
humanity that served the multifaceted foreign exploitation shall regain their
true identity and human rights. As a part of this process٫ it is only natural
that women should benefit from a particularly large augmentation of their
rights٫ because of the greater oppression that they suffered under the old
regime.

The family is the fundamental unit of society and the main center for the
growth and edification of human being. Compatibility with respect to belief and
ideal٫ which provides the primary basis for man''s development and growth٫ is
the main consideration in the establishment of a family. It is the duty of the
Islamic government to provide the necessary facilities for the attainment of
this goal. This view of the family unit delivers woman from being regarded as
an ob‎jecttt or instrument in the service of promoting consumerism and
exploitation. Not only does woman recover thereby her momentous and precious
function of motherhood٫ rearing of ideologically committed human beings٫ she
also assumes a pioneering social role and becomes the fellow struggler of man
in all vital areas of life. Given the weighty responsibilities that woman thus
assumes٫ she is accorded in Islam great value and nobility.

An Ideological Army
In the formation and equipping of the country''s defence forces٫ due
attention must be paid to faith and ideology as the basic criteria.
Accordingly٫ the Army of the Islamic Republic of Iran and the Islamic
Revolutionary Guards Corps are to be organized in conformity with this goal٫
and they will be responsible not only for guarding and preserving the frontiers
of the country٫ but also for fulfilling the ideological mission of jihad in
God''s way;‎‎‎ that is٫ extending the sovereignty of God''s law throughout
the world (this is in accordance with the Koranic verse "Prepare against them
whatever force you are able to muster٫ and strings of horses٫ striking fear
into the enemy of God and your enemy٫ and others besides them" [8:60]).

The Judiciary in the Constitution
The judiciary is of vital importance in the context of safeguarding the rights
of the people in accordance with the line followed by the Islamic movement٫ and
the prevention of deviations within the Islamic nation. Provision has therefore
been made for the creation of a judicial system based on Islamic justice and
operated by just judges with meticulous knowledge of the Islamic laws. This
system٫ because of its essentially sensitive nature and the need for full
ideological conformity٫ must be free from every kind of unhealthy relation and
connection (this is in accordance with the Koranic verse "When you judge among
the people٫ judge with justice" [4:58]).

e‎xecccutive Power
Considering the particular importance of the e‎xecccutive 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 e‎xecccutive power must work
toward the creation of an Islamic society. Consequently٫ the confinement of the
e‎xecccutive power within any kind of complex and inhibiting system that delays
or impedes the attainment of this goal is rejected by Islam. Therefore٫ the
system of bureaucracy٫ the result and product of old forms of government٫ will
be firmly cast away٫ so that an e‎xecccutive system that functions efficiently
and swiftly in the fulfillment of its administrative commitments comes into
existence.

Mass-Communication Media
The mass-communication media٫ radio and television٫ must serve the diffusion of
Islamic culture in pursuit of the evolutionary course of the Islamic
Revolution. To this end٫ the media should be used as a forum for healthy
encounter of different ideas٫ but they must strictly refrain from diffusion and
propagation of destructive and anti-Islamic practices.

It is incumbent on all to adhere to the principles of this Constitution٫ for it
regards as its highest aim the freedom and dignity of the human race and
provides for the growth and development of the human being. It is also
necessary that the Muslim people should participate actively in the
construction of Islamic society by s‎electtting competent and believing
officials and keeping close and constant watch on their performance. They may
then hope for success in building an ideal Islamic society that can be a model
for all people of the world and a witness to its perfection (in accordance with
the Koranic verse "Thus We made you a median community٫ that you might be
witnesses to men" [2:143]).

Representatives
The Assembly of Experts٫ composed of representatives of the people٫ completed
its task of framing the Constitution٫ on the basis of the draft proposed by the
government as well as all the proposals received from different groups of the
people٫ in one hundred and seventy-five articles arranged in twelve chapters٫
in 1979٫ and in accordance with the aims and aspirations set out above٫ with
the hope that this century will witness the establishment of a universal holy
government and the downfall of all others.

Chapter I General Principles


Article 1 [Form of Government]
The form of government of Iran is that of an Islamic Republic٫ endorsed by the
people of Iran on the basis of their longstanding belief in the sovereignty of
truth and Koranic justice٫ in the referendum of 29 and 30 March 1979٫ through
the affirmative vote of a majority of 98.2% of eligible voters٫ held after the
victorious Islamic Revolution led by Imam Khumayni.

Article 2 [Foundational Principles]
The Islamic Republic is a system based on belief in:
1) the One God (as stated in the phrase "There is no god except Allah")٫ His
exclusive sovereignty and right to legislate٫ and the necessity of submission
to His commands;‎‎‎ 2) Divine revelation and its fundamental role in setting
forth the laws;‎‎‎
3) the return to God in the Hereafter٫ and the constructive role of this belief
in the course of man''s ascent towards God;‎‎‎
4) the justice of God in creation and legislation;‎‎‎
5) continuous leadership and perpetual guidance٫ and its fundamental role in
ensuring the uninterrupted process of the revolution of Islam;‎‎‎ 6) the
exalted dignity and value of man٫ and his freedom coupled with responsibility
before God;‎‎‎ in which equity٫ justice٫ political٫ economic٫ social٫ and
cultural independence٫ and national solidarity are secured by recourse to: a)
continuous leadership of the holy persons٫ possessing necessary qualifications٫
exercised on the basis of the Koran and the Sunnah٫ upon all of whom be peace;
‎‎‎
b) sciences and arts and the most advanced results of human experience٫
together with the effort to advance them further;‎‎‎
c) negation of all forms of oppression٫ both the infliction of and the
submission to it٫ and of dominance٫ both its imposition and its acceptance.

Article 3 [State Goals]
In order to attain the ob‎jectttives specified in Article 2٫ the government of
the Islamic Republic of Iran has the duty of directing all its resources to the
following goals: 1) the creation of a favorable environment for the growth of
moral virtues based on faith and piety and the struggle against all forms of
vice and corruption;‎‎‎
2) raising the level of public awareness in all areas٫ through the proper use
of the press٫ mass media٫ and other means;‎‎‎
3) free education and physical training for everyone at all levels٫ and the
facilitation and expansion of higher education;‎‎‎
4) strengthening the spirit of inquiry٫ investigation٫ and innovation in all
areas of science٫ technology٫ and culture٫ as well as Islamic studies٫ by
establishing research centers and encouraging researchers;‎‎‎
5) the complete elimination of imperialism and the prevention of foreign
influence;‎‎‎
6) the elimination of all forms of despotism and autocracy and all attempts to
monopolize power;‎‎‎
7) ensuring political and social freedoms within the framework of the law;‎‎‎
8) the participation of the entire people in determining their political٫
economic٫ social٫ and cultural destiny;‎‎‎
9) the abolition of all forms of undesirable discrimination and the provision
of equitable opportunities for all٫ in both the material and the intellectual
spheres;‎‎‎
10) the creation of a correct administrative system and elimination of
superfluous government organizations;‎‎‎
11) all round strengthening of the foundations of national defence to the
utmost degree by means of universal military training for the sake of
safeguarding the independence٫ territorial integrity٫ and the Islamic order of
the country;‎‎‎
12) the planning of a correct and just economic system٫ in accordance with
Islamic criteria٫ in order to c‎reateee welfare٫ eliminate poverty٫ and abolish
all forms of deprivation with respect to food٫ housing٫ work٫ health care٫ and
the provision of social insurance for all;‎‎‎
13) the attainment of self-sufficiency in scientific٫ technological٫
industrial٫ agricultural٫ and military domains٫ and other similar spheres;‎‎‎
14) securing the multifarious rights of all citizens٫ both women and men٫ and
providing legal protection for all٫ as well as the equality of all before the
law;‎‎‎
15) the expansion and strengthening of Islamic brotherhood and public
cooperation among all the people;‎‎‎
16) framing the foreign policy of the country on the basis of Islamic criteria٫
fraternal commitment to all Muslims٫ and unsparing support to the freedom
fighters of the world.

Article 4 [Islamic Principle]
All civil٫ penal financial٫ economic٫ administrative٫ cultural٫ military٫
political٫ and other laws and regulations must be based on Islamic criteria.
This principle applies absolutely and generally
to all articles of the Constitution as well as to all other laws and
regulations٫ and the wise persons of the Guardian Council are judges in this
matter.

Article 5 [Office of Religious Leader]
During the occultation of the Wali al-''Asr (may God hasten his reappearance)
٫ the leadership of the Ummah devolve upon the just and pious person٫ who is
fully aware of the circumstances of his age٫ courageous٫ resourceful٫ and
possessed of administrative ability٫ will assume the responsibilities of this
office in accordance with Article 107.

Article 6 [Administration of Affairs]
In the Islamic Republic of Iran٫ the affairs of the country must be
administered on the basis of public opinion expressed by the means of
elections٫ including the election of the President٫ the representatives of the
Islamic Consultative Assembly٫ and the members of councils٫ or by means of
referenda in matters specified in other articles of this Constitution.

Article 7 [Consultative Bodies]

(1) In accordance with the command of the Koran contained in the verse "Their
affairs are by consultations among them" [42:38] and "Consult them in affairs"
[3:159]٫ consultative bodies -‎--‎- such as the Islamic Consultative Assembly٫
the Provincial Councils٫ and the City٫ Region٫ District٫ and Village Councils
and the likes of them -‎--‎- are the decision-making and administrative organs
of the country.
(2) The nature each of these councils٫ together with the manner of their
formation٫ their jurisdiction٫ and scope of their duties and functions٫ is
determined by the Constitution and laws derived from it.

Article 8 [Community Principle]
In the Islamic Republic of Iran٫ "al-''amr bilma''ruf wa al-nahy ''an
al-munkar" is a universal and reciprocal duty that must be fulfilled by the
people with respect to one another٫ by the government with respect to the
people٫ and by the people with respect to the government. The conditions٫
limits٫ and nature of this duty will be specified by law. (This is in
accordance with the Koranic verse "The believers٫ men and women٫ are guardians
of one another;‎‎‎ they enjoin the good and forbid the evil." [9:71])

Article 9 [Independence Principle]
In the Islamic Republic of Iran٫ the freedom٫ independence٫ unity٫ and
territorial integrity of the country are inseparable from one another٫ and
their preservation is the duty of the government and all individual citizens.
No individual٫ group٫ or authority٫ has the right to infringe in the slightest
way upon the political٫ cultural٫ economic٫ and military independence or the
territorial integrity of Iran under the pretext of exercising freedom.
Similarly٫ no authority has the right to abrogate legitimate freedoms٫ not even
by enacting laws and regulations for that purpose٫ under the pretext of
preserving the independence and territorial integrity of the country.

Article 10 [Family Principle]
Since the family is the fundamental unit of Islamic society٫ all laws٫
regulations٫ and pertinent programs must tend to facilitate the formation of a
family٫ and to safeguard its sanctity and the stability of family relations on
the basis of the law and the ethics of Islam.

Article 11 [Unity of Islam Principle]
In accordance with the sacred verse of the Koran "This your community is a
single community٫ and I am your Lord٫ so worship Me" [21:92]٫ all Muslims form
a single nation٫ and the government of the Islamic Republic of Iran have the
duty of formulating its general policies with a view to cultivating the
friendship and unity of all Muslim peoples٫ and it must constantly strive to
bring about the political٫ economic٫ and cultural unity of the Islamic world.

Article 12 [Official Religion]
The official religion of Iran is Islam and the Twelver Ja''fari school٫ and
this principle will remain eternally immutable. Other Islamic schools are to be
accorded full respect٫ and their followers are free to act in accordance with
their own jurisprudence in performing their religious rites. These schools
enjoy official status in matters pertaining to religious education٫ affairs of
personal status (marriage٫ divorce٫ inheritance٫ and wills) and related
litigation in courts of law. In regions of the country where Muslims following
any one of these schools constitute the majority٫ local regulations٫ within the
bounds of the jurisdiction of local councils٫ are to be in accordance with the
respective school٫ without infringing upon the rights of the followers of other
schools.

Article 13 [Recognized Religious Minorities]
Zoroastrian٫ Jewish٫ and Christian Iranians are the only recognized religious
minorities٫ who٫ within the limits of the law٫ are free to perform their
religious rites and ceremonies٫ and to act according to their own canon in
matters of personal affairs and religious education.

Article 14 [Non-Muslims'' Rights]
In accordance with the sacred verse "God does not forbid you to deal kindly and
justly with those who have not fought against you because of your religion and
who have not expelled you from your homes" [60:8]٫ the government of the
Islamic Republic of Iran and all Muslims are duty-bound to treat non-Muslims in
conformity with ethical norms and the principles of Islamic justice and equity٫
and to respect their human rights. This principle applies to all who refrain
from engaging in conspiracy or activity against Islam and the Islamic Republic
of Iran.

Chapter II The Official Language٫ scr‎ipttt٫ Calendar٫ and Flag of the Country


Article 15 [Official Language]
The Official Language and scr‎ipttt 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 scr‎ipttt. However٫ the use of
regional and tribal languages in the press and mass media٫ as well as for
teaching of their literature in schools٫ is allowed in addition to Persian.

Article 16 [Arabic Language]
Since the language of the Koran and Islamic texts and teachings is Arabic٫ and
since Persian literature is thoroughly permeated by this language٫ it must be
taught after elementary level٫ in all classes of secondary school and in all
areas of study.

Article 17 [Official Calendar]
The Official Calendar of the country takes as its point of departure the
migration of the Prophet of Islam -‎--‎- God''s peace and blessings upon him
and his Family. Both the solar and lunar Islamic calendars are recognized٫ but
government offices will function according to the solar calendar. The official
weekly holiday is Friday.

Article 18 [Official Flag]
The Official Flag of Iran is composed of green٫ white٫ and red colors٫ with the
special emblem of the Islamic Republic٫ together with the State Motto.

Chapter III The Rights of the People


Article 19 [No Discrimination٫ No Privileges]
All people of Iran٫ whatever the ethnic group or tribe to which they belong٫
enjoy equal rights;‎‎‎ color٫ race٫ language٫ and the like٫ do not bestow any
privilege.

Article 20 [Equality Before Law]
All citizens of the country٫ both men and women٫ equally enjoy the protection
of the law and enjoy all human٫ political٫ economic٫ social٫ and cultural
rights٫ in conformity with Islamic criteria.

Article 21 [Women''s Rights]
The government must ensure the rights of women in all respects٫ in conformity
with Islamic criteria٫ and accomplish the following goals:
1) c‎reateee a favorable environment for the growth of woman''s personality
and the restoration of her rights٫ both the material and intellectual;‎‎‎
2) the protection of mothers٫ particularly during pregnancy and child-rearing٫
and the protection of children without guardians;‎‎‎
3) establishing competent courts to protect and preserve the family;‎‎‎
4) the provision of special insurance for widows٫ aged women٫ and women without
support;‎‎‎
5) the awarding of guardianship of children to worthy mothers٫ in order to
protect the interests of the children٫ in the absence of a legal guardian.

Article 22 [Human Dignity and Rights]
The dignity٫ life٫ property٫ rights٫ residence٫ and occupation of the
individual are inviolate٫ except in cases sanctioned by law.

Article 23 [Freedom of Belief]
The investigation of individuals'' beliefs is forbidden٫ and no one may be
molested or taken to task simply for holding a certain belief.

Article 24 [Freedom of the Press]
Publications and the press have freedom of expression except when it is
detrimental to the fundamental principles of Islam or the rights of the public.
The details of this exception will be specified by law.

Article 25 [Secrecy of Communication]
The inspection of letters and the failure to deliver them٫ the recording and
disclosure of telephone conversations٫ the disclosure of telegraphic and telex
communications٫ censorship٫ or the wilful failure to transmit them٫
eavesd‎ropppping٫ and all forms of covert investigation are forbidden٫ except
as provided by law.

Article 26 [Freedom of Association]
The formation of parties٫ societies٫ political or professional associations٫ as
well as religious societies٫ whether Islamic or pertaining to one of the
recognized religious minorities٫ is permitted provided they do not violate the
principles of independence٫ freedom٫ national unity٫ the criteria of Islam٫ or
the basis of the Islamic Republic. No one may be prevented
from participating in the aforementioned groups٫ or be compelled to participate
in them.

Article 27 [Freedom of Assembly]
Public gatherings and marches may be freely held٫ provided arms are not carried
and that they are not detrimental to the fundamental principles of Islam.

Article 28 [Work]

(1) Everyone has the right to choose any occupation he wishes٫ if it is not
contrary to Islam and the public interests٫ and does not infringe the rights of
others.
(2) The government has the duty٫ with due consideration of the need of society
for different kinds of work٫ to provide every citizen with the opportunity to
work٫ and to c‎reateee equal conditions for obtaining it.

Article 29 [Welfare Rights]

(1) To benefit from social security with respect to retirement٫ unemployment٫
old age٫ disability٫ absence of a guardian٫ and benefits relating to being
stranded٫ accidents٫ health services٫ and medical care and treatment٫ provided
through insurance or other means٫ is accepted as a universal right.
(2) The government must provide the foregoing services and financial support
for every individual citizen by drawing٫ in accordance with the law٫ on the
national revenues and funds obtained through public contributions.

Article 30 [Education]
The government must provide all citizen with free education up to secondary
school٫ and must expand free higher education to the extent required by the
country for attaining self-sufficiency.

Article 31 [Housing]
It is the right of every Iranian individual and family to possess housing
commensurate with his needs. The government must make land available for the
implementation of this article٫ according priority to those whose need is
greatest٫ in particular the rural population and the workers.

Article 32 [Arrest]
No one may be arrested except by the order and in accordance with the procedure
laid down by law. In case of arrest٫ c‎harrrges with the reasons for accusation
must٫ without delay٫ be communicated and explained to the accused in writing٫
and a provisional dossier must be forwarded to the competent judicial
authorities within a maximum of twenty-four hours so that the preliminaries to
the trial can be completed as swiftly as possible. The violation of this
article will be liable to punishment in accordance with the law.

Article 33 [Residence]
No one can be banished from his place of residence٫ prevented from residing in
the place of his choice٫ or compelled to reside in a given locality٫ except in
cases provided by law.

Article 34 [Recourse to the Courts]
It is the indisputable right of every citizen to seek justice by recourse to
competent courts. All citizens have right of access to such courts٫ and no one
can be barred from courts to which he has a legal right of recourse.

Article 35 [Right to Counsel]
Both parties to a lawsuit have the right in all courts of law to s‎electtt an
attorney٫ and if they are unable to do so٫ arrangements must be made to provide
them with legal counsel.

Article 36 [Sentencing]
The passing and e‎xecccution of a sentence must be only by a competent court
and in accordance with law.

Article 37 [Presumption of Innocense]
Innocence is to be presumed٫ and no one is to be held guilty of a c‎harrrge
unless his or her guilt has been established by a competent court.

Article 38 [Torture]
All forms of torture for the purpose of extracting confession or acquiring
information are forbidden. Compulsion of individuals to testify٫ confess٫ or
take an oath is not permissible;‎‎‎ and any testimony٫ confession٫ or oath
obtained under duress is devoid of value and credence. Violation of this
article is liable to punishment in accordance with the law.

Article 39 [Dignity of Arrested]
All affronts to the dignity and repute of persons arrested٫ detained٫
imprisoned٫ or banished in accordance with the law٫ whatever form they may
take٫ are forbidden and liable to punishment.

Article 40 [Public Interest]
No one is entitled to exercise his rights in a way injurious to others or
detrimental to public interests.

Article 41 [Citizenship]
Iranian citizenship is the indisputable right of every Iranian٫ and the
government cannot withdraw citizenship from any Iranian unless he himself
requests it or acquires the citizenship of another country.

Article 42 [Nationalization]
Foreign nationals may acquire Iranian citizenship within the framework of the
laws. Citizenship may be withdrawn from such persons if another State accepts
them as its citizens or if they request it.

Chapter IV Economy and Financial Affairs


Article 43 [Principles]
The economy of the Islamic Republic of Iran٫ with its ob‎jectttives of
achieving the economic independence of the society٫ uprooting poverty and
deprivation٫ and fulfilling human needs in the process of development while
preserving human liberty٫ is based on the following criteria:
1. the provision of basic necessities for all citizens: housing٫ food٫
clothing٫ hygiene٫ medical treatment٫ education٫ and the necessary facilities
for the establishment of a family;‎‎‎
2. ensuring conditions and opportunities of employment for everyone٫ with a
view to attaining full employment;‎‎‎ placing the means of work at the disposal
of everyone who is able to work but lacks the means٫ in the form of
cooperatives٫ through granting interest-free loans or recourse to any other
legitimate means that neither results in the concentration or circulation of
wealth in the hands of a few individuals or groups٫ nor turns the government
into a major absolute employer. These steps must be taken with due regard for
the requirements governing the general economic planning of the country at each
stage of its growth;‎‎‎
3. the plan for the national economy must be structured in such a manner that
the form٫ content٫ and hours of work of every individual will allow him
sufficient leisure and energy to engage٫ beyond his professional endeavor٫ in
intellectual٫ political٫ and social activities leading to all-round development
of his self٫ to take active part in leading the affairs of the country٫ improve
his skills٫ and to make full use of his creativity;‎‎‎
4. respect for the right to choose freely an occupation;‎‎‎ refraining from
compelling anyone to engage in a particular job;‎‎‎ and preventing the
exploitation of another''s labor;‎‎‎
5. the prohibition of infliction of harm and loss upon others٫ monopoly٫
hoarding٫ usury٫ and other illegitimate and evil practices;‎‎‎
6. the prohibition of extravagance and wastefulness in all matters related to
the economy٫ including consumption٫ investment٫ production٫ distribution٫ and
services;‎‎‎
7. the utilization of and the training of skilled personnel in accordance with
the developmental needs of the country''s economy;‎‎‎
8. prevention of foreign economic domination over the country''s economy:
9. emphasis on increase of agricultural٫ livestock٫ and industrial production
in order to satisfy public needs and to make the country self-sufficient and
free from dependence.

Article 44 [Sectors]

(1) The economy of the Islamic Republic of Iran is to consist of three sectors:
state٫ cooperative٫ and private٫ and is to be based on systematic and sound
planning.
(2) The state sector is to include all large-scale and mother industries٫
foreign trade٫ major minerals٫ banking٫ insurance٫ power generation٫ dams٫ and
large-scale irrigation networks٫ radio and television٫ post٫ telegraph and
telephone services٫ aviation٫ shipping٫ roads٫ railroads and the like;‎‎‎ all
these will be publicly owned and adMinistered by the State.
(3) The cooperative sector is to include cooperative companies and enterprises
concerned with production and distribution٫ in urban and rural areas٫ in
accordance with Islamic criteria.
(4) The private sector consists of those activities concerned with agriculture٫
animal husbandry٫ industry٫ trade٫ and services that supplement the economic
activities of the state and cooperative sectors.
(5) Ownership in each of these three sectors is protected by the laws of the
Islamic Republic٫ in so far as this ownership is in conformity with the other
articles of this chapter٫ does not go beyond the bounds of Islamic law٫
contributes to the economic growth and progress of the country and does not
harm society.
(6) The scope of each of these sectors as well as the regulations and
conditions governing their operation٫ will be specified by law.

Article 45 [Public Wealth]
Public wealth and property٫ such as uncultivated or abandoned land٫ mineral
deposits٫ seas٫ lakes٫ rivers and other public waterways٫ mountains٫ valleys٫
forests٫ marshlands٫ natural forests٫ unenclosed pastures٫ legacies without
heirs٫ property of undetermined ownership٫ and public property recovered from
usurpers٫ shall be at the disposal of the Islamic government for it to utilize
in accordance with the public interest. Law will specify detailed procedures
for the utilization of each of the foregoing items.

Article 46 [Fruits of Business]
Everyone is the owner of the fruits of his legitimate business and labor٫ and
no one may deprive another of the opportunity of business and work under the
pretext of his right to ownership.

Article 47 [Private Property]
Private ownership٫ legitimately acquired٫ is to be respected. The relevant
criteria are determined by law.

Article 48 [Resources for Regions]
There must be no discrimination among the various provinces with regard to the
exploitation of natural resources٫ utilization of public revenues٫ and
distribution of economic activities among the various provinces and regions of
the country٫ thereby ensuring that every region has access to the necessary
capital and facilities in accordance with its needs and capacity for growth.

Article 49 [Confiscation]
The government has the responsibility of confiscating all wealth accumulated
through usury٫ usurpation٫ bribery٫ embezzlement٫ theft٫ gambling٫ misuse of
endowments٫ misuse of government contracts and transactions٫ the sale of
uncultivated lands and other resources subject to public ownership٫ the
operation of centers of corruption٫ and other illicit means and sources٫ and
restoring it to its legitimate owner;‎‎‎ and if no such owner can be
identified٫ it must be entrusted to the public treasury. This rule must be
e‎xecccuted by the government with due care٫ after investigation and furnishing
necessary evidence in accordance with the law of Islam.

Article 50 [Preservation of the Environment]
The preservation of the environment٫ in which the present as well as the future
generations have a right to flourishing social existence٫ is regarded as a
public duty in the Islamic Republic. Economic and other activities that
inevitably involve pollution of the environment or cause irreparable damage to
it are therefore forbidden.

Article 51 [Taxation]
No form of taxation may be imposed except in accordance with the law.
Provisions for tax exemption and reduction will be determined by law.

Article 52 [Budget]
The annual budget of the country will be drawn up by the government in the
manner specified by law and submitted to the Islamic Consultative Assembly for
discussion and approval. Any change in the figures contained in the budget will
be in accordance with the procedure prescribed by law.

Article 53 [Central Treasury]
All sums collected by the government will be deposited into the government
accounts at the central treasury٫ and all disbursements٫ within the limits of
allocations approved٫ shall be made in accordance with law.

Article 54 [Acounting Agency]
The National Accounting Agency is to be directly under the supervision of the
Islamic Consultative Assembly. Its organization and mode of operation in Tehran
and at the provincial capitals are to be determined by law.

Article 55 [Auditing٫ Report]
The National Accounting Agency will inspect and audit٫ in the manner prescribed
by law٫ all the accounts of ministries٫ government institutions٫ and companies
as well as other organizations that draw٫ in any way٫ on the general budget of
the country٫ to ensure that no expenditure exceeds the allocations approved and
that all sums are spent for the specified purpose. It will collect all relevant
accounts٫ documents٫ and records٫ in accordance with law٫ and submit to the
Islamic Consultative Assembly a report for the settlement of
each year''s budget together with its own comments. This report must be made
available to the public.

Chapter V The Right of National Sovereignty


Article 56 [Divine Right of Sovereignty]
Absolute sovereignty over the world and man belongs to God٫ and it is He Who
has made man m‎asterrr of his own social destiny. No one can deprive man of
this divine right٫ nor subordinate it to the vested interests of a particular
individual or group. The people are to exercise this divine right in the manner
specified in the following articles.

Article 57 [Separation of Powers]
The powers of government in the Islamic Republic are vested in the legislature٫
the judiciary٫ and the e‎xecccutive powers٫ functioning under the supervision
of the absolute religious Leader and the Leadership of the Ummah٫ in accordance
with the forthcoming articles of this Constitution. These powers are
independent of each other.

Article 58 [Legislature]
The functions of the legislature are to be exercised through the Islamic
Consultative Assembly٫ consisting of the elected representatives of the people.
Legislation approved by this body٫ after going through the stages specified in
the articles below٫ is communicated to the e‎xecccutive and the judiciary for
implementation.

Article 59 [Mandatory Referendum]
In extremely important economic٫ political٫ social٫ and cultural matters٫ the
functions of the legislature may be exercised through direct recourse to
popular vote through a referendum. Any request for such direct recourse to
public opinion must be approved by two-thirds of the members of the Islamic
Consultative Assembly.

Article 60 [e‎xecccutive]
The functions of the e‎xecccutive٫ except in the matters that are directly
placed under the jurisdiction of the Leadership by the Constitution٫ are to be
exercised by the President and the Ministers.

Article 61 [Judiciary]
The functions of the judiciary are to be performed by courts of justice٫ which
are to be formed in accordance with the criteria of Islam٫ and are vested with
the authority to examine and settle lawsuits٫ protect the rights of the public٫
dispense and enact justice٫ and implement the Divine limits.

Chapter VI The Legislative Powers


Section 1 The Islamic Consultative Assembly


Article 62 [Election]

(1) The Islamic Consultative Assembly is constituted by the representatives of
the people elected directly and by secret ballot.
(2) The qualifications of voters and candidates٫ as well as the nature of
election٫ will be specified by law.

Article 63 [Term]
The term of membership in the Islamic Consultative Assembly is four years.
Elections for each term must take place before the end of the preceding term٫
so that the country is never without an Assembly.

Article 64 [270 Members٫ Religious Representatives]

(1) There are to be two hundred seventy members of the Islamic Consultative
Assembly which٫ keeping in view the human٫ political٫ geographic٫ and other
similar factors٫ may increase by not more than twenty for each ten-year period
from the date of the national referendum of the year 1368 of the solar Islamic
calendar.
(2) The Zoroastrians and Jews will each elect one representative;‎‎‎ Assyrian
and Chaldean Christians will jointly elect one representative;‎‎‎ and Armenian
Christians in the north and those in the south of the country will each elect
one representative.
(3) The delimitation of the election constituencies and the number of
representatives will be determined by law.

Article 65 [Quorum٫ Code of Procedure]

(1) After the holding of elections٫ sessions of the Islamic Consultative
Assembly are considered legally valid when two-thirds of the total number of
members are present. Drafts and bills will be approved in accordance with the
code of procedure approved by it٫ except in cases where the Constitution has
specified a certain quorum.
(2) The consent of two-thirds of all members present is necessary for the
approval of the code of procedure of the Assembly.

Article 66 [Rules of Procedure]
The manner of election of the Speaker and the Presiding Board of the Assembly٫
the number of committees and their term of office٫ and matters related to
conducting the discussions and maintaining the discipline of the assembly will
be determined by the code of procedure of the Assembly.

Article 67 [Oath]

(1) Members of the Assembly must take the following oath at the first session
of the Assembly and affix their signatures to its text:
"In the Name of God٫ the Compassionate٫ the Merciful. In the presence of the
Glorious Koran٫ I swear by God٫ the Exalted and Almighty٫ and undertake٫
swearing by my own honor as a human being٫ to protect the sanctity of Islam and
guard the accomplishments of the Islamic Revolution of the Iranian people and
the foundations of the Islamic Republic;‎‎‎ to protect٫ as a just trustee٫ the
honor bestowed upon me by the people٫ to observe piety in fulfilling my duties
as people''s representative;‎‎‎ to remain always committed to the
independence and honor of the country;‎‎‎ to fulfil my duties towards the
nation and the service of the people;‎‎‎ to defend the Constitution;‎‎‎ and to
bear in mind٫ boath in speech and writing and in the expression of my views٫
the independence of the country٫ the freedom of the people٫ and the security of
their interests."
(2) Members belonging to the religious minorities will swear by their own
sacred books while taking this oath.
(3) Members not attending the first session will perform the ceremony of taking
the oath at the first session they attend.

Article 68 [Suspended Elections During Wartime]
In time of war and the military occupation of the country٫ elections due to be
held in occupied areas or countrywide may be suspended for a specified period
if proposed by the President of the Republic٫ and approved by three-fourths of
the total members of the Islamic Consultative Assembly٫ with the endorsement of
the Guardian Council. If a new Assembly is not formed٫ the previous one will
continue to function.

Article 69 [Publicity٫ Closed Sessions]
The deliberations of the Islamic Consultative Assembly must be open and full
minutes of them made available to the public by the radio and the official
gazette. A closed session may be held in emergency conditions٫ if it is
required for national security٫ upon the requisition of the President٫ one of
the Ministers٫ or ten members of the Assembly. Legislation passed at a closed
session is valid only when approved by three-fourths of the members in the
presence of the Guardian Council. After emergency conditions have ceased to
exist٫ the minutes of such closed sessions٫ together with any legislation
approved in them٫ must be made available to the public.

Article 70 [Government Attendance]
The President٫ his deputies and the Ministers have the right to participate in
the open sessions of the Assembly either collectively or individually. They may
also have their advisers accompany them. If the members of the Assembly deem it
necessary٫ the Ministers are obliged to attend. Whenever they request it٫ their
statements are to be heard.

Section 2 Powers and Authority of the Islamic Consultative Assembly


Article 71 [Legislation]
The Islamic Consultative Assembly can establish laws on all matters٫ within the
limits of its competence as laid down in the Constitution.

Article 72 [Limits]
The Islamic Consultative Assembly cannot enact laws contrary to the official
religion of the country or to the Constitution. It is the duty of the Guardian
Council to determine whether a violation has occurred٫ in accordance with
Article 96.

Article 73 [Interpretation of Laws]
The interpretation of ordinary laws falls within the competence of the Islamic
Consultative Assembly. The intent of this article does not prevent the
interpretations that judges may make in the course of cassation.

Article 74 [Bills]
Government bills are presented to the Islamic Consultative Assembly after
receiving the approval of the Council of Ministers. Members'' bills may be
introduced in the Islamic Consultative Assembly if sponsored by at least
fifteen members.

Article 75 [Spending Bills]
Members'' bills and proposals and amendments to government bills proposed by
members that entail the reduction of the public income or the increase of
public expenditure may be introduced in the Assembly only if means for
compensating for the decrease in income or for meeting the new expenditure are
also specified.

Article 76 [Investigation]
The Islamic Consultative Assembly has the right to investigate and examine all
the affairs of the country.

Article 77 [Treaties]
International treaties٫ protocols٫ contracts٫ and agreements must be approved
by the Islamic Consultative Assembly.

Article 78 [Boundary Laws]
All changes in the boundaries of the country are forbidden٫ with the exception
of minor amendments in keeping with the interests of the country٫ on condition
that they are not unilateral٫ do not encroach on the independence and
territorial
integrity of the country٫ and receive the approval of four-fifths of the total
members of the Islamic Consultative Assembly.

Article 79 [Martial Law٫ Temporary Restrictions]
The proclamation of martial law is forbidden. In case of war or emergency
conditions comparable to war٫ the government has the right to impose
temporarily certain necessary restrictions٫ with the agreement of the Islamic
Consultative Assembly. In no case can such restrictions last for more than
thirty days;‎‎‎ if the need for them persists beyond this limit٫ the government
must obtain new authorization for them from the Assembly.

Article 80 [Aid]
The taking and giving of governmental loans or grants-in-aid٫ domestic and
foreign٫ must be approved by the Islamic Consultative Assembly.

Article 81 [Foreign Business]
The granting of concessions to foreigners or the formation of companies or
institutions dealing with commerce٫ industry٫ agriculture٫ service٫ or mineral
extraction٫ is absolutely forbidden.

Article 82 [Foreign Experts]
The employment of foreign experts is forbidden٫ except in cases of necessity
and with the approval of the Islamic Consultative Assembly.

Article 83 [Property of National Heritage]
Government buildings and properties forming part of the national heritage
cannot be transferred except with the approval of the Islamic Consultative
Assembly;‎‎‎ that٫ too٫ is not applicable in the case of irreplaceable
treasures.

Article 84 [Responsibility]
Every representative is responsible to the entire nation and has the right to
express his views on all internal and external affairs of the country.

Article 85 [Delegated Legislation]

(1) The right of membership is vested with the individual٫ and is not
transferable to others. The Assembly cannot delegate the power of legislation
to an individual or committee. But whenever necessary٫ it can delegate the
power of legislating certain laws to its own committees٫ in accordance with
Article 72. In such a case٫ the laws will be implemented on a tentative basis
for a period specified by the Assembly٫ and their final approval will rest with
the Assembly.
(2) Likewise٫ the Assembly may٫ in accordance with Article 72٫ delegate to the
relevant committees the responsibility for permanent approval of articles of
association of organizations٫ companies٫ government institutions٫ or
organizations affiliated to the government and or invest the authority in the
government. In such a case٫ the government approvals must not be inconsistent
with the principles and commandments of the official religion in the country or
with the Constitution٫ which question shall be determined by the Guardian
Council in accordance with what is stated in Article 96. In addition to this٫
the Government approvals shall not be against the laws and other general rules
of the country and٫ while calling for implementation٫ the same shall be brought
to the knowledge of the Speaker of the Islamic Consultative Assembly for his
study and indication that the approvals in question are not inconsistent with
the aforesaid rules.

Article 86 [Independence٫ Indemnity]
Members of the Assembly are completely free in expressing their views and
casting their votes in the course of performing their duties as
representatives٫ and they cannot be prosecuted or arrested for opinions
expressed in the Assembly or votes cast in the course of performing their
duties as representatives.

Article 87 [Vote of Confidence]
The President must obtain٫ for the Council of Ministers٫ after being formed and
before all other business٫ a vote of confidence from the Assembly. During his
incumbency٫ he can also seek a vote of confidence for the Council of Ministers
from the Assembly on important and controversial issues.

Article 88 [Questioning Government]
Whenever at least one-fourth of the total members of the Islamic Consultative
Assembly pose a question to the President٫ or any one member of the Assembly
poses a question to a Minister on a subject relating to their duties٫ the
President or the Minister is obliged to attend the Assembly and answer the
question. This answer must not be delayed more than one month in the case of
the President and ten days in the case of the Minister٫ except with an excuse
deemed reasonable by the Islamic Consultative Assembly.

Article 89 [Interpellation]

(1) Members of the Islamic Consultative Assembly can interpellate the Council
of Ministers or an individual Minister in instances they deem necessary.
Interpellations can be tabled if they bear the signatures of at least ten
members.
The Council of Ministers or interpellated Minister must be present in the
Assembly within ten days after the tabling of the interpellation in order to
answer it and seek a vote of confidence. If the Council of Ministers or the
Minister concerned fails to attend the Assembly٫ the members who tabled the
interpellation will explain their reasons٫ and the Assembly will declare a vote
of no confidence if it deems it necessary.
If the Assembly does not pronounce a vote of confidence٫ the Council of
Ministers or the Minister subject to interpellation is dismissed. In both
cases٫ the Ministers subject to interpellation cannot become members of the
next Council of Ministers formed immediately afterwards.
(2) In the event at least one-third of the members of the Islamic Consultative
Assembly interpellate the President concerning his e‎xecccutive
responsibilities in relation with the e‎xecccutive Power and the e‎xecccutive
affairs of the country the President must be present in the Assembly within one
month after the tabling of the interpellation in order to give adequate
explanations in regard to the matters raised. In the event٫ after hearing the
statements of the opposing and favoring members and the reply of the President٫
two-thirds of the members of the Assembly declare a vote of no confidence٫ the
same will be communicated to the Leadership for information and implementation
of Article 110 (10).

Article 90 [Complaints٫ Petitions]
Whoever has a complaint concerning the work of the Assembly or the e‎xecccutive
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 e‎xecccutive or the
judiciary٫ the Assembly must demand proper investigation in the matter and an
adequate explanation from them٫ and announce the results within a reasonable
time. In cases where the subject of the complaint is of public interest٫ the
reply must be made
public.

Article 91 [Guardian Council]
With a view to safeguard the Islamic ordinances and the Constitution٫ in order
to examine the compatibility of the legislation passed by the Islamic
Consultative Assembly with Islam٫ a council to be known as the Guardian Council
is to be constituted with the following composition:
1. six religious men٫ conscious of the present needs and the issues of the day٫
to be s‎electtted by the Leader٫ and
2. six jurists٫ specializing in different areas of law٫ to be elected by the
Islamic Consultative Assembly from among the Muslim jurists nominated by the
Head of the Judicial Power.

Article 92 [Term]
Members of the Guardian Council are elected to serve for a period of six years٫
but during the first term٫ after three years have passed٫ half of the members
of each group will be changed by lot and new members will be elected in their
place.

Article 93 [Mandatory Formation]
The Islamic Consultative Assembly does not hold any legal status if there is no
Guardian Council in existence٫ except for the purpose of approving the
credentials of its members and the election of the six jurists on the Guardian
Council.

Article 94 [Review of Legislation]
All legislation passed by the Islamic Consultative Assembly must be sent to the
Guardian Council. The Guardian Council must review it within a maximum of ten
days from its receipt with a view to ensuring its compatibility with the
criteria of Islam and the Constitution. If it finds the legislation
incompatible٫ it will return it to the Assembly for review. Otherwise the
legislation will be deemed enforceable.

Article 95 [Extended Review]
In cases where the Guardian Council deems ten days inadequate for completing
the process of review and delivering a definite opinion٫ it can request the
Islamic Consultative Assembly to grant an extension of the time limit not
exceeding ten days.

Article 96 [Majority]
The determination of compatibility of the legislation passed by the Islamic
Consultative Assembly with the laws of Islam rests with the majority vote of
the religious men on the Guardian Council;‎‎‎ and the determination of its
compatibility with the Constitution rests with the majority of all the members
of the Guardian Council.

Article 97 [Attendance in Parliament]
In order to expedite the work٫ the members of the Guardian Council may attend
the Assembly and listen to its debates when a government bill or a members''
bill is under discussion. When an urgent government or members'' bill is
placed on the agenda of the Assembly٫ the members of the Guardian Council must
attend the Assembly and make their views known.

Article 98 [Authoritative Interpretation]
The authority of the interpretation of the Constitution is vested with the
Guardian Council٫ which is to be done with the consent of three-fourths of its
members.

Article 99 [Supervision of Elections]
The Guardian Council has the responsibility of supervising the elections of the
Assembly of Experts for Leadership٫ the President of the Republic٫ the Islamic
Consultative Assembly٫
and the direct recourse to popular opinion and referenda.

Chapter VII Councils


Article 100 [Regional Councils]

(1) In order to expedite social٫ economic٫ development٫ public health٫
cultural٫ and educational programs and facilitate other affairs relating to
public welfare with the cooperation of the people according to local needs٫ the
administration of each village٫ division٫ city٫ municipality٫ and province will
be superseded by a council to be named the Village٫ Division٫ City٫
Municipality٫ or Provincial Council. Members of each of these councils will be
elected by the people of the locality in question.
(2) Qualifications for the eligibility of electors and candidates for these
councils٫ as well as their functions and powers٫ the mode of election٫ the
council jurisdiction٫ and the hierarchy of their authority will be determined
by law in such a way as to preserve national unity٫ territorial integrity٫ the
system of the Islamic Republic٫ and the sovereignty of the central government.

Article 101 [Supreme Council of the Provinces]

(1) In order to prevent discrimination in the preparation of programs for the
development and welfare of the provinces٫ to secure the cooperation of the
people٫ and to arrange for the supervision of coordinated implementation of
such programs٫ a Supreme Council of the Provinces will be formed٫ composed of
representatives of the Provincial Councils.
(2) Law will specify the manner in which this council is to be formed and the
functions that it is to fulfil.

Article 102 [Council Bills]
The Supreme Council of the Provinces has the right within its jurisdiction٫ to
draft bills and to submit them to the Islamic Consultative Assembly٫ either
directly or through the government. These bills must be examined by the
Assembly.

Article 103 [Power Over Local Governments]
Provincial governors٫ city governors٫ divisional governors٫ and other officials
appointed by the government must abide by all decisions taken by the councils
within their jurisdiction.

Article 104 [Worker Councils]

(1) In order to ensure Islamic equity and cooperation in carrying out the
programs and to bring about the harmonious progress of all units of production٫
both industrial and agricultural٫ councils consisting of the representatives of
the workers٫ peasants٫ other employees٫ and managers٫ will be formed in
educational and administrative units٫ units of service industries٫ and other
units of a like nature٫ similar councils will be formed٫ composed of
representatives of the members of those units.
(2) The mode of the formation of these councils and the scope of their
functions and powers٫ are to be specified by law.

Article 105 [Limits]
Decisions taken by the councils must not be contrary to the criteria of Islam
and the laws of the country.

Article 106 [Right Against Dissolution]

(1) The councils may not be dissolved unless they deviate from their legal
duties. The body responsible for determining such deviation٫ as well as the
manner for dissolving the councils and reforming them٫ will be specified by
law.
(2) Should a council have any ob‎jectttion to its dissolution٫ it has
the right to appeal to a competent court٫ and the court is duty-bound to
examine its complaint outside the docket sequence.

Chapter VIII The Leader or Leadership Council


Article 107 [Religious Leader]

(1) After the demise of Imam Khumayni٫ the task of appointing the Leader shall
be vested with the experts elected by the people. The experts will review and
consult among themselves concerning all the religious men possessing the
qualifications specified in Articles 5 and 109. In the event they find one of
them better versed in Islamic regulations or in political and social issues٫ or
possessing general popularity or special prominence for any of the
qualifications mentioned in Article 109٫ they shall elect him as the Leader.
Otherwise٫ in the absence of such a superiority٫ they shall elect and declare
one of them as the Leader. The Leader thus elected by the Assembly of Experts
shall assume all the powers of the religious leader and all the
responsibilities arising therefrom.
(2) The Leader is equal with the rest of the people of the country in the eyes
of law.

Article 108 [Experts]
The law setting out the number and qualifications of the experts٫ the mode of
their election٫ and the code of procedure regulating the sessions during the
first term must be drawn up by the religious men on the first Guardian Council٫
passed by a majority of votes and then finally approved by the Leader of the
Revolution. The power to make any subsequent change or a review of this law٫ or
approval of all the provisions concerning the duties of the experts is vested
in themselves.

Article 109 [Leadership Qualifications]

(1) Following are the essential qualifications and conditions for the Leader:
a. Scholarship٫ as required for performing the functions of religious leader in
different fields.
b. Justice and piety٫ as required for the leadership of the Islamic Ummah.
c. Right political and social perspicacity٫ prudence٫ courage٫ administrative
facilities٫ and adequate capability for leadership.
(2) In case of multiplicity of persons fulfilling the above qualifications and
conditions٫ the person possessing the better jurisprudential and political
perspicacity will be given preference.

Article 110 [Leadership Duties and Powers]

(1) Following are the duties and powers of the Leadership:
1. Delineation of the general policies of the Islamic Republic of Iran after
consultation with the Nation''s Exigency Council.
2. Supervision over the proper e‎xecccution of the general policies of the
system.
3. Issuing decrees for national referenda.
4. Assuming supreme command of the Armed Forces.
5. Declaration of war and peace and the mobilization of the Armed Forces.
6. Appointment٫ dismissal٫ and resignation of:
a. the religious men on the Guardian Council٫
b. the supreme judicial authority of the country٫
c. the head of the radio and television network of the Islamic Republic of
Iran٫
d. the chief of the joint staff٫
e. the chief commander of the Isalmic Revolution Guards Corps٫ and
f. the supreme commanders of the Armed Forces.
7. Resolving differences between the three wings of the Armed Forces and
regulation of their relations.
8. Resolving the problems which cannot be solved by conventional methods٫
through the Nation''s Exigency Council.
9. Signing the decree formalizing the election of the President of the Republic
by the people. The suitability of candidates for the Presidency of the
Republic٫ with respect to the qualifications specified in the Constitution٫
must be confirmed before elections take place by the Guardian Council٫ and٫ in
the case of the first term of a President٫ by the Leadership. 10. Dismissal of
the President of the Republic٫ with due regard for the interests of the
country٫ after the Supreme Court holds him guilty of the violation of his
constitutional duties٫ or after a vote of the Islamic Consultative Assembly
testifying to his incompetence on the basis of Article 89.
11. Pardoning or reducing the sentences of convicts٫ within the framework of
Islamic criteria٫ on a recommendation from the Head of judicial power.
(2) The Leader may delegate part of his duties and powers to another person.

Article 111 [Leadership Council]

(1) Whenever the Leader becomes incapable of fulfilling his constitutional
duties٫ or loses one of the qualifications mentioned in Articles 5 and 109٫ or
it becomes known that he did not possess some of the qualifications initially٫
he will be dismissed. The authority of determination in this matter is vested
with the experts specified in Article 108.
(2) In the event of the death٫ or resignation or dismissal of the Leader٫ the
experts shall take steps within the shortest possible time for the appointment
of the new Leader. Until the appointment of the new Leader٫ a council
consisting of the President٫ head of the judiciary power٫ and a religious men
from the Guardian Council٫ upon the decision of the Nation''s Exigency
Council٫ shall temporarily take over all the duties of the Leader. In the event
that٫ during this period٫ any one of them is unable to fulfil his duties for
whatsoever reason٫ another person٫ upon the decision of majority of religious
men in the Nation''s Exigency Council shall be elected in his place.
(3) This council shall take action in respect of items 1٫ 3٫ 5٫ and 10٫ and
sections d٫ e and f of item 6 of Article 110٫ upon the decision of
three-fourths of the members of the Nation''s Exigency Council.
(4) Whenever the leader becomes temporarily unable to perform the duties of
leadership owing to his illness or any other incident٫ then during this period٫
the council mentioned in this article shall assume his duties.

Article 112 [Exigency Council]

(1) Upon the order of the Leader٫ the Nation''s Exigency Council shall meet
at any time the Guardian Council judges a proposed bill of the Islamic
Consultative Assembly to be against the principles of Sharrah or the
Constitution٫ and the Assembly is unable to meet the expectations of the
Guardian Council. Also٫ the Council shall meet for consideration on any issue
forwarded to it by the Leader and shall carry out any other responsibility as
mentioned in this Constitution.
(2) The permanent and changeable members of the Council shall be appointed by
the Leader.
(3) The rule for the Council shall be formulated and approved by the Council
members subject to the confirmation by the Leader.

Chapter IX The e‎xecccutive Power


Section 1 The Presidency


Article 113 [President]
After the office of Leadership٫ the President is the highest official in the
country. His is the responsibility for implementing the Constitution and acting
as the head of the e‎xecccutive٫ except in matters directly concerned with the
office of the Leadership.

Article 114 [Term]
The President is elected for a four-year term by the direct vote of the people.
His re-election for a successive term is permissible only once.

Article 115 [Qualifications]
The President must be elected from among religious and political personalities
possessing the following qualifications:
- Iranian origin;‎‎‎
- Iranian nationality;‎‎‎
- administrative capacity and resourcefulness;‎‎‎
- a good pastrecord;‎‎‎
- trustworthiness and piety;‎‎‎ and
- convinced belief in the fundamental principles of the Islamic Republic of
Iran and the official madhhab of the country.

Article 116 [Candidacy]
Candidates nominated for the post of President must declare their candidature
officially. Law lays down the manner in which the President is to be elected.

Article 117 [Majority]
The President is elected by an absolute majority of votes polled by the voters.
But if none of the candidates is able to win such a majority in the first
round٫ voting will take place a second time on Friday of the following week. In
the second round only the two candidates who received greatest number of votes
in the first round will participate. If٫ however٫ some of the candidates
securing greatest votes in the first round withdraw from the elections٫ the
final choice will be between the two candidates who won greater number of votes
than all the remaining candidates.

Article 118 [Supervisory Body]
Responsibility for the supervision of the election of the President lies with
the Guardian Council٫ as stipulated in Article 99. But before the establishment
of the first Guardian Council٫ it lies with a supervisory body to be
constituted by law.

Article 119 [New Elections]
The election of a new President must take place no later than one month before
the end of the term of the outgoing President. In the interim period before the
election of the new President and the end of the term of the outgoing
President٫ the outgoing President will perform the duties of the President.

Article 120 [Extensions]
In case any of the candidates whose suitability is established in terms of the
qualifications listed above should die within ten days before polling day٫ the
elections will be postponed for two weeks. If one of the candidates securing
greatest number of votes dies in the intervening period between the first and
second rounds of voting٫ the period for holding the second round of the
election will be extended for two weeks.

Article 121 [Oath]
The President must take the following oath and affix his signature to it at a
session of the Islamic Consultative Assembly in the presence of the head of the
judicial power and the members of the Guardian Council:
"In the Name of God٫ the Compassionate٫ the Merciful٫ I٫ as President٫ swear٫
in the presence of the noble members of parliament and the people of Iran٫ by
God٫ the Exalted and Almighty٫ that I will guard the official religion of the
country٫ the order of the Islamic Republic٫ and the Constitution of the
country;‎‎‎ that I will devote all my capacities and abilities to the
fulfillment of the responsibilities that I have assumed;‎‎‎ that I will
dedicate myself to the service of the people٫ the honor of the country٫ the
propagation of religion and morality٫ and the support of truth and justice٫
refraining from every kind of arbitrary behavior;‎‎‎ that I will protect the
freedom and dignity of all citizens and the rights that the Constitution has
accorded the people;‎‎‎ that in guarding the frontiers and the political٫
economic٫ and cultural independence of the country I will not avoid any
necessary measure;‎‎‎ that٫ seeking help from God and following the Prophet of
Islam and the infallible Imams (peace be upon them)٫ I will guard٫ as a pious
and selfless trustee٫ the authority vested in me by the people as a sacred
trust٫ and transfer it to whomever the people may elect after me."

Article 122 [Responsibility]
The President٫ within the limits of his powers and duties٫ which he has by
virtue of this Constitution or other laws٫ is responsible to the people٫ the
Leader and the Islamic Consultative Assembly.

Article 123 [Signing Legislation]
The President is obliged to sign legislation approved by the Assembly or the
result of a referendum٫ after the legal procedures have been completed and it
has been communicated to him. After signing٫ he must forward it to the
responsible authorities for implementation.

Article 124 [Presidential Deputies]

(1) The President may have deputies for the performance of his constitutional
duties.
(2) With the approval of the President٫ the first deputy of the President shall
be vested with the responsibilities of adMinistering the affairs of the Council
of Ministers and coordination of functions of other deputies.

Article 125 [Treaties]
The President or his legal representative has the authority to sign treaties٫
protocols٫ contracts٫ and agreements concluded by the Iranian government with
other governments٫ as well as agreements pertaining to international
organizations٫ after obtaining the approval of the Islamic Consultative
Assembly.

Article 126 [Planning٫ Budget]
The President is responsible for national planning and budget and state
employment affairs and may entrust the administration of these to others.

Article 127 [Special Representatives]
In special circumstances٫ subject 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.

Article 128 [Ambassadors]
The ambassadors shall be appointed upon the recommendation of the foreign
Minister and approval of the President. The President signs the credentials of
ambassadors and receives the
credentials presented by the ambassadors of the foreign countries.

Article 129 [State Decorations]
The award of state decorations is a prerogative of the President.

Article 130 [Resignation]
The President shall submit his resignation to the Leader and shall continue
performing his duties until his resignation is not accepted.

Article 131 [Interim President]
In case of death٫ dismissal٫ resignation٫ absence٫ or illness lasting longer
than two months of the President or when his term in office has ended and a new
president has not been elected due to some impediments٫ or similar other
circumstances٫ his first deputy shall assume٫ with the approval of the Leader٫
the powers and functions of the President. The Council٫ consisting of the
Speaker of the Islamic Consultative Assembly٫ head of the judicial power٫ and
the first deputy of the President٫ is obliged to arrange for a new President to
be elected within a maximum period of fifty days. In case of death of the first
deputy to the President٫ or other matters which prevent him to perform his
duties or when the President does not have a first deputy٫ the Leader shall
appoint another person in his place.

Article 132 [Restricted Interim Period]
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 interpellated 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


Article 133 [Appointment of Ministers]
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 [Council of Ministers]

(1) 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 program and policies of the government and implements the laws.
(2) 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.
(3) The President is responsible to the Assembly for the actions of the Council
of Ministers.

Article 135 [Dismissal٫ Caretaker]

(1) 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.
(2) 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.
(3) The President can appoint a caretaker for maximum period of three months
for the ministries h‎avinggg no Minister.

Article 136 [Vote of Confidence]
The President can dismiss the Ministers and in such a case he must obtain a
vote of confidence for the new Minister(s) from the Assembly. In case half of
the members of the Council of Ministers are changed after the government has
received its vote of confidence from the Assembly٫ the government must seek a
fresh vote of confidence from the Assembly.

Article 137 [Responsibility]
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.

Article 138 [Implementation of Laws٫ Ministerial Commissions]

(1) 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 orders in matters
within his jurisdiction and in conformity with the decisions of the Council of
Ministers. However٫ the control of all such regulations must not violate the
letter or the spirit of the law.
(2) The government can entrust any portion of its task to commissions composed
of some Ministers. The decisions of such commissions within the rules will be
binding after the endorsement of the President.
(3) 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 [Property Claims]
The settlement of claims relating to public and state property or the referral
thereof to arbitration is in every case dependent on the approval of the
Council of Ministers٫ and the Assembly must be informed of these matters. In
cases where one party to the dispute is a foreigner٫ as well as in important
cases that are purely domestic٫ the approval of the Assembly must also be
obtained. Law will specify the important cases intended here.

Article 140 [No Immunity]
Allegations of common crimes against the President٫ his deputies٫ and the
Ministers will be investigated in common courts of justice with the knowledge
of the Islamic Consultative Assembly.

Article 141 [Incompatibility]

(1) The President the deputies to the President Ministers and Government
employees cannot hold more than one Government position٫ and it is forbidden
for them to hold any kind of additional post in institutions of which all or a
part of the capital belongs to the government or public institutions٫ to be a
member of the Islamic Consultative Assembly٫ to practice the profession of
attorney or legal adviser٫ or to hold the post of president managing director٫
or membership of the board of
directors of any kind of private company٫ with the exception of cooperative
companies affiliated to the government departments and institutions.
(2) Teaching positions in universities and research institutions are exempted
from this rule.

Article 142 [Asset Control]
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 [Army Functions]
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 [Islamic Army]
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 ob‎jectttives of the Islamic Revolution and
are devoted to the cause of realizing its goals.

Article 145 [No Foreigners]
No foreigner will be accepted into the Army or security forces of the country.

Article 146 [No Foreign Military Base]
The establishment of any kind of foreign military base in Iran٫ even for
peaceful purposes٫ is forbidden.

Article 147 [Peace Functions]
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 [No Personal Use]
All forms of personal use of military vehicles٫ equipment٫ and other means٫ as
well as taking advantage of Army and chauffeurs or bidden.

Article 149 [Promotions]
Promotions in military rank and their withdrawal take place in accordance with
the law.

Article 150 [Islamic Revolution Guards Corps]
The Islamic Revolution Guards Corps٫ organized in the early days of the triumph
of the Revolution٫ is to be maintained so that it may continue in its role of
guarding the Revolution and its achievements. The scope of the duties of this
Corps٫ and its areas of responsibility٫ in relation to the duties and areas of
responsibility of the other Armed Forces٫ are to be determined by law with
emphasis on brotherly cooperation and harmony among them.

Article 151 [Military Training]
In accordance with the noble Koranic verse: "Prepare against them whatever
force you are able to muster٫ and horses ready for battle٫ striking fear into
God''s enemy and your enemy٫ and others beyond them unknown to you but known
to God..." [8:60]٫ the 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 defence of the Islamic Republic of Iran. The possession
of arms٫ however٫ requires the granting of permission by the competent
authorities.

Chapter X Foreign Policy


Article 152 [Principles]
The foreign policy of the Islamic Republic of Iran is based upon the rejection
of all forms of domination٫ both the exertion of it and submission to it٫ the
preservation of the independence of the country in all respects and its
territorial integrity٫ the defence of the rights of all Muslims٫ nonalignment
with respect to the hegemonist superpowers٫ and the maintenance of mutually
peaceful relations with all non-belligerent States.

Article 153 [No Foreign Control]
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.

Article 154 [Independence٫ Support of Just Struggles]
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 freedom
fighters against the oppressors in every corner of the globe.

Article 155 [Asylum]
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 [Status٫ Functions]
The judiciary is an independent power٫ the protector of the rights of the
individual and society٫ responsible for the implementation of justice٫ and
entrusted with the following duties:
1. investigating and passing judgement on grievances٫ violations of rights٫ and
complaints;‎‎‎ the resolution 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;‎‎‎ and
5. taking suitable measures to prevent the occurrence of crime and to reform
criminals.

Article 157 [Head of Judiciary]
In order to fulfil the responsibilities of the judiciary power in all the
matters concerning judiciary٫ administrative and e‎xecccutive areas٫ the Leader
shall appoint a just honorable man 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 [Functions of the Head of Judiciary]
The Head of Judiciary is responsible for the following: 1. Establishment of
structure necessary for the justice commensurate with mentioned under Article
156.
2. Drafting judiciary bills appropriate for the Islamic Republic.
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.

Article 159 [Courts]
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 [Minister of Justice]

(1) The Minister of Justice owes responsibility in all matters concerning the
relationship between the judiciary on the one hand and the e‎xecccutive 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.
(2) 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 e‎xecccutives.

Article 161 [Supreme Court]
The Supreme Court is to be formed for the purpose of supervising the correct
implementation of the laws by the courts٫ ensuring uniformity of judicial
procedure٫ and fulfilling any other responsibilities assigned to it by law٫ on
the basis of regulations to be established by the head of the judicial branch.

Article 162 [Chief of the Supreme Court٫ Prosecutor-General]
The Chief of the Supreme Court and the Prosecutor-General must both be just
honorable men well versed in judicial matters. They will be nominated by the
head of the judiciary branch for a period of five years٫ in consultation with
the judges of the Supreme Court.

Article 163 [Qualifications]
The conditions and qualifications to be fulfilled by a judge will be determined
by law٫ in accordance with religious criteria.

Article 164 [Independence]
A judge cannot be removed٫ whether temporarily or permanently٫ from the post he
occupies except by trial and proof of his guilt٫ or in consequence of a
violation entailing his dismissal. A judge cannot be transferred or
redesignated without his consent٫ except in cases when the interest of society
necessitates it٫ that too٫ with the decision of the head of the judiciary
branch after consultation with the chief of the Supreme Court and the
Prosecutor General. The periodic transfer and rotation of judges will be in
accordance with general regulations to be laid down by law.

Article 165 [Public Trials]
Trials are to be held openly and members of the public may attend without any
restriction unless the court determines that an open trial would be detrimental
to public morality or discipline٫ or if in case of private disputes٫ both the
parties request not to hold open hearing.

Article 166 [Reasoned Verdicts]
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 [Rule of Law for Judiciary]
The judge is bound to endeavor to judge each case on the basis of the codified
law. In case of the absence of any such law٫ he has to deliver his judgement on
the basis of authoritative Islamic sources and authentic fatawa. He٫ on the
pretext of the silence of or deficiency of law in the matter٫ or its brevity or
contradictory nature٫ cannot refrain from admitting and examining cases and
delivering his judgement.

Article 168 [Political and Press Offences]
Political and press offenses will be tried openly and in the presence of a
jury٫ in courts of justice. The manner of the s‎electttion of the jury٫ its
powers٫ and the definition of political offenses٫ will be determined by law in
accordance with the Islamic criteria.

Article 169 [Nulla Poena Sine Lege]
No act or omission may be regarded as a crime with retrospective effect on the
basis of a law framed subsequently.

Article 170 [Control of Regulations]
Judges of courts are obliged to refrain from e‎xecccuting 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 e‎xecccutive power. Everyone has
the right to demand the annulment of any such regulation from the Court of
Administrative Justice.

Article 171 [Liability of Judges]
Whenever an individual suffers moral or material loss as the result of a
default or error of the judge with respect to the subject matter of a case or
the verdict delivered٫ or the application of a rule in a particular case٫ the
defaulting judge must stand surety for the reparation of that loss in
accordance with the Islamic criteria٫ if it be a case of default. Otherwise٫
losses will be compensated for by the State. In all such cases٫ the repute and
good standing of the accused will be restored.

Article 172 [Military Courts]
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 e‎xecccutive capacity. The office of
military prosecutor and the military courts form part of the judiciary and are
subject to the same principles that regulate the judiciary.

Article 173 [Court of Administrative Justice]
In order to investigate the complaints٫ grievances٫ and ob‎jectttions 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 [National General Inspectorate]
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


Article 175 [Freedom of Expression٫ Government Control]

(1) 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.
(2) 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.
(3) The policies and the manner of managing the organization and its
supervision will be determined by law.

Chapter XIII Supreme Council for National Security


Article 176 [Supreme Council for National Security]

(1) In order to safeguarding the national interests and preserving the Islamic
Revolution٫ the territorial integrity٫ and the national sovereignty٫ a Supreme
Council for National Security presided over by the President shall be
constituted to fulfil the following responsibilities: 1. Determining the
defence and national security policies within the framework of general policies
determined by the Leader;‎‎‎
2. coordination of activities in the areas relating to politics٫ intelligence٫
social٫ cultural and economic fields in regard to general defence and security
policies;‎‎‎ and
3. exploitation of materialistic and intellectual resources of the country for
facing the internal and external threats.
(2) The Council shall consist of:
- the heads of three branches of the government٫
- the chief of the Supreme Command Council of the Armed Forces٫
- the officer in c‎harrrge 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.
(3) Commensurate with its duties٫ the Supreme Council for National Security
shall form subcouncils such as Defence Subcouncil and National Security
Subcouncil. Each subcouncil will be presided over by the President or a member
of the Supreme Council for National Security appointed by the President.
(4) The scope of authority and responsibility of the subcouncils will be
determined by law and their organizational structure will be approved by the
Supreme Council for National Defence.
(5) 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


Article 177 [Revision by Council and Referendum]

(1) The revision of the Constitution of the Islamic Republic of Iran٫ whenever
needed by the circumstances٫ will be done in the following manner:
The Leader issues an edict to the President after consultation with the
Nation''s Exigency Council stipulating the amendments
or additions to be made by the Council for Revision of the Constitution which
consists of:
1. Members of the Guardian Council;‎‎‎
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 s‎electtted 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;‎‎‎ and
9. three representatives from among the university professors.
(2) The method of working٫ manner of s‎electttion and the terms and conditions
of the Council shall be determined by law.
(3) 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.
(4) The provisions of Article 59 shall not apply to the referendum for the
"Revision of the Constitution."
(5) The contents of the articles of the Constitution related to the Islamic
c‎harrracter of the political system;‎‎‎ the basis of all the rules and
regulations according to Islamic criteria;‎‎‎ the religious footing;‎‎‎ the
ob‎jectttives of the Islamic Republic of Iran;‎‎‎ the democratic c‎harrracter
of the government;‎‎‎ the holy principle;‎‎‎ the Imamate of Ummah;‎‎‎ and the
administration of the affairs of the country based on national referenda٫
official religion of Iran and the religious school are unalterable.

‎‎‎

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© 1994 - 7. Jan. 2004 / For corrections please contact A. Tschentscher.
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