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
2
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
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
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
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
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
2) Should a council have any objection to its dissolution, it has
the right to appeal to a competent court, and the court is duty-bound to examine its complaint outside the docket sequence
Chapter VIII
The Leader or Leadership Council
Article 107 [Religious Leader]
1) After the demise of Imam Khumayni, the task of appointing the Leader shall be vested with the experts elected by the people
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
Article 109 [Leadership Qualifications]
1) Following are the essential qualifications and conditions for the Leader:
a
b
c
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
2
3
4
5
6
a
b
c
d
e
f
7
8
9
11
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
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
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
2) The permanent and changeable members of the Council shall be appointed by the Leader
3) The rule for the Council shall be formulated and approved by the Council members subject to the confirmation by the Leader
Chapter IX
The Executive Power
Section 1
The Presidency
Article 113 [President]
After the office of Leadership, the President is the highest official in the country
Article 114 [Term]
The President is elected for a four-year term by the direct vote of the people
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
Article 117 [Majority]
The President is elected by an absolute majority of votes polled by the voters
Article 118 [Supervisory Body]
Responsibility for the supervision of the election of the President lies with the Guardian Council, as stipulated in Article 99
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
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
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
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
Article 128 [Ambassadors]
The ambassadors shall be appointed upon the recommendation of the foreign Minister and approval of the President
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
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
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
Article 134 [Council of Ministers]
1) The President is the head of the Council of Ministers
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 having 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
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
2) The government can entrust any portion of its task to commissions composed of some Ministers
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
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
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
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
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
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 [
The Islamic Republic of
Article 155 [Asylum]
The government of the Islamic Republic of
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
2
3
4
5
Article 157 [Head of Judiciary]
In order to fulfil the responsibilities of the judiciary power in all the matters concerning judiciary, administrative and executive areas, the Leader shall appoint a just 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
2
3
Article 159 [Courts]
The courts of justice are the official bodies to which all grievances and complaints are to be referred
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 executive and legislative branches on the other hand
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 executives
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
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
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
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
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 executing statutes and regulations of the government that are in conflict with the laws or the norms of Islam, or lie outside the competence of the executive power
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
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
Article 173 [Court of Administrative Justice]
In order to investigate the complaints, grievances, and objections of the people with respect to government officials, organs, and statutes, a court will be established to be known as the Court of Administrative Justice under the supervision of the head of the judiciary branch
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
Chapter XII
Radio and Television
Article 175 [Freedom of Expression, Government Control]
1
2
3
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
2
3
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 charge of the planning and budget affairs,
- two representatives nominated by the Leader,
- Ministers of foreign affairs, interior, and information,
- a Minister related with the subject, and
- the highest ranking officials from the Armed Forces and the Islamic Revolution's Guards Corps
3) Commensurate with its duties, the Supreme Council for National Security shall form subcouncils such as Defence Subcouncil and National Security Subcouncil
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
2
3
4
5
6
7
8
9
2) The method of working, manner of selection 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 character of the political system; the basis of all the rules and regulations according to Islamic criteria; the religious footing; the objectives of the Islamic Republic of Iran; the democratic character of the government; the 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
با لایحه حمایت از خانواده مخالفیم.
شما چطور؟ بیایید با هم روی Play کلیک کنیم و به لایحه اجازه ظهور ندهیم.