Previous - Constitution of Iran
CHAPTER IX
The Executive Power
SECTION ONE
The Presidency
Article 113
After the office of Leadership, the President is the highest official in the country. His is the responsibility for implementing the Constitution and acting as the head of the executive, except in matters directly concerned with (the office of) the Leadership.
Article 114
The President is elected for a four-year term by the direct vote of the people. His re-election for a successive term is permissible only once.
Article 115
The President must be elected from among religious and political personalities possessing the following qualifications: Iranian origin; Iranian nationality; administrative capacity and resourcefulness; a good past-record; trustworthiness and piety; convinced belief in the fundamental principles of the Islamic Republic of Iran and the official religion of the country.
Article 116
Candidates nominated for the post of President must declare their candidacy
officially. Law lays down the manner in which the President is to be elected.
Article 117
The President is elected by an absolute majority of votes polled by the voters. But if none of the candidates is able to win such a majority In the first round, voting will take place a second time on Friday of the following week. In the second round only the two candidates who received greatest number of votes in the first round will participate. If, however, some of the candidates securing greatest votes in the first round withdraw from the elections, the final choice will be between the two candidates who won greater
number of votes than all the remaining candidates.
Article 118
Responsibility for the supervision of the election, of the President lies with the Guardian Council, as stipulated in Article 99. But before the establishment of the first Guardian Council, however, it lies with a supervisory body to be constituted by law.
Article 119
The election of a new President must take place no later than one month before the end of the term of the outgoing President. In the interim period before the election of the new President and the end of the term of the outgoing President, the outgoing President will perform the duties of the, President.
Article 120
In case any of the candidates whose suitability is established in terms of the qualifications listed above should die within ten days before polling day, the elections will be postponed for two weeks. If one of the candidates securing greatest number of votes dies in the intervening period between the first and second rounds of voting, the period for holding (the second round of) the election will be extended for two weeks.
Article 121
The President must take the following oath and affix his signature to it at a session of the Islamic Consultative Assembly in the presence of the head of the judicial power and the members of the Guardian Council:
"In, the Name of God, the Compassionate, the Merciful, I, as President, swear, in the presence of the Noble Qur'an and the people of Iran, by God, the Exalted and Almighty, that I will guard the official religion of the country, the order of the Islamic Republic and the Constitution of the country; that I will devote all my capacities and abilities to the fulfillment of the responsibilities that I have assumed; that I will dedicate myself to the service of the people, the honor of the country, the propagation of religion and
morality, and the support of truth and justice, refraining from every kind of arbitrary behavior; that I will protect the freedom and dignity of all citizens and the rights that the Constitution has accorded the people; that in guarding the frontiers and the political, economic, and cultural independence of the country I will not shirk any necessary measure; that, seeking help from God and following the Prophet of Islam and the infallible Imams (peace be upon them), I will guard, as a pious and selfless trustee, the authority vested in me by the people as a sacred trust, and transfer it to whomever the people may elect after me."
Article 122
The President, within the limits of his powers and duties, which he has by virtue of this Constitution or other laws, is responsible to the people, the Leader and the Islamic Consultative Assembly.
Article 123
The President is obliged to sign legislation approved by the Assembly or the result of a referendum, after the (related) legal procedures have been completed and it has been communicated to him. After signing, he must forward it to the responsible authorities for implementation.
Article 124
The President may have deputies for the performance of his constitutional duties. With the approval of the President, the first deputy of the President shall be vested with the responsibilities of administering the affairs of the Council of Ministers and coordination of functions of other deputies.
Article 125
The President or his legal representative has the authority to sign treaties,
protocols, contracts, and agreements concluded by the Iranian government with other governments, as well as agreements pertaining to international organizations, after obtaining the approval of the Islamic Consultative Assembly.
Article 126
The President is responsible for national planning and budget and state employment affairs and may entrust the administration of these to others.
Article 127
In special circumstances, subject to approval of the Council of Ministers the
President may appoint one or more special representatives with specific powers. In such cases, the decisions of his representative(s) will be considered as tee same as those of the President and the Council of Ministers.
Article 128
The ambassadors shall be appointed upon the recommendation of the foreign minister and approval of the President. The President signs the credentials of ambassadors and receives the credentials presented by the ambassadors of the foreign countries.
Article 129
The award of state decorations is a prerogative of the President.
Article 130
The President shall submit his resignation to the Leader and shall continue
performing his duties until his resignation is not accepted.
Article 131
In case of death, dismissal, resignation, absence, or illness lasting longer than two months of the President, or when his term in office has ended and a new president has not been elected due to some impediments, or similar other circumstances, his first deputy shall assume, with the approval of the Leader, the powers and functions of the President. The Council, consisting of the Speaker of the Islamic Consultative Assembly, head of the judicial power, and the first deputy of the President, is obliged to arrange for a new President to be elected within a maximum period of fifty days. In case of death of the
first deputy to the President, or other matters which prevent him to perform his
duties, or when the President does not have a first deputy, the Leader shall appoint another person in his place.
Article 132
During the period when the powers and responsibilities of the President are assigned to his first deputy or the other person in accordance with Article 131, neither can the ministers be interpolated nor can a vote of no-confidence be passed against them. Also, neither can any step be undertaken for a review of the Constitution, nor a national referendum be held.
SECTION TWO
The President and Ministers
Article 133
Ministers will be appointed by the President and will be presented to the Assembly for a vote of confidence. With
the change of Assembly, a new vote of confidence will not be necessary. The number of ministers and the jurisdiction of each
will be determined by law.
Article 134
The President is the head of the Council of Ministers. He supervises the work of the ministers and takes all necessary
measures to coordinate the decisions of the government. With the cooperation of the ministers, he determines the program and
policies of the government and implements the laws. In the case of discrepancies, or interference in the constitutional duties
of the government agencies, the decision of the Council of Ministers at the request of the President shall be binding provided
it does not call for an interpretation of or modification in the laws. The President is responsible to the Assembly for the
actions of the Council of Ministers.
Article 135
The ministers shall continue in office unless they are dismissed, or given a vote of no-confidence by the Assembly as a
result of their interpolation, or a motion for a vote of no-confidence against them.
The resignation of the Council of Ministers, or that of each of them shall be
submitted to the President, and the Council of Ministers shall continue to function until such time as the new government is
appointed.
The President can appoint a caretaker for a maximum period of three months for the ministries having no minister.
Article 136
The President can dismiss the ministers and in such a case he must obtain a vote of confidence for the new minister(s) from
the Assembly. In case half of the members of the Council of Ministers are changed after the government has received its vote of confidence from the Assembly, the government must seek a fresh vote of confidence from the Assembly.
Article 137
Each of the ministers is responsible for his duties to the President and the
Assembly, but in meters approved by the Council of Ministers as a whole, he is also responsible for the actions of the others.
Article 138
In addition to instances in which the Council of Ministers or a single minister is authorized to frame procedures for the implementation of laws, the Council of Ministers has the right to lay down rules, regulations, and procedures for performing its administrative duties, ensuring the implementation of laws, and setting up administrative bodies. Each of the ministers also has the right to frame regulations and issue circular in matters within his jurisdiction and in conformity with the decisions of the Council of Ministers. However, the content of all such regulations must not violate the letter or the spirit of the law. The government can entrust any portion of its task to the commissions composed of some ministers. The decisions of such commissions within the rules will be binding after the endorsement
of the President.
The ratification and the regulations of the government and the decisions of the commissions mentioned under this Article shall also be brought to the notice of the Speaker of the Islamic Consultative Assembly while being communicated for implementation so that in the event he finds them contrary to law, he may send the same stating the reason for reconsideration
by the Council of Ministers.
Article 139
The settlement, of claims relating to public and state property or the referral thereof to arbitration is in every case dependent on the approval of the Council of Ministers, andthe Assembly must be informed of these matters. In cases where one party to the dispute is a foreigner, as well as in important cases that are purely domestic, the approval of the Assembly must also be obtained. Law will specify the important cases intended here.
Article 140
Allegations of common crimes against the President, his deputies, and the ministers will be investigated in common courts of justice with the' knowledge of the Islamic Consultative Assembly.
Article 141
The President, the deputies to the President, ministers, and government employees cannot hold more than one government position, and it is forbidden for them to hold any kind of additional post in institutions of which all or a part of the capital belongs to the government or public institutions, to be a member of the Islamic Consultative Assembly, to practice the profession of attorney or legal adviser, or to hold the post of president, managing director, or membership of the board of directors of any kind of private company, with the exception of cooperative companies affiliated to the government departments and institutions. Teaching positions in universities and research institutions are exempted from this rule.
Article 142
The assets of the Leader, the President, the deputies to the President, and
ministers, as well as those of their spouses and offspring, are to be examined before and after their term of office by the head of the judicial power, in order to ensure they have not increased in a fashion contrary to law.
SECTION THREE
The Army and the Islamic Revolutionary Guards Corps
Article 143
The Army of the Islamic Republic of Iran is responsible for guarding the independence and territorial integrity of the country, as well as the order of the Islamic Republic.
Article 144
The Army of the Islamic Republic of Iran must be an Islamic Army, i.e., committed to Islamic ideology and the people, and must recruit into its service individuals who have faith in the objectives of the Islamic Revolution and are devoted to the cause of realizing its goals.
Article 145
No foreigner will be accepted into the Army or security forces of the country.
Article 146
The establishment of any kind of foreign military base in Iran, even for peaceful purposes, is forbidden.
Article 147
In time of peace, the government must utilize the personnel and technical equipment of the Army in relief operations, and for educational and productive ends, and the Construction Jihad, while fully observing the criteria of Islamic justice and ensuring that such utilization does not harm the
combat-readiness of the Army.
Article 148
All forms of personal use of military vehicles, equipment, and other means, as well as taking advantage of Army personnel as personal servants and chauffeurs or in similar capacities, are forbidden.
Article 149
Promotions in military rank and their withdrawal take place in accordance with the law.
Article 150
The Islamic Revolution Guards Corps, organized in the early days of the triumph of the Revolution, is to be maintained so that it may continue in its role of guarding the Revolution and its achievements. The scope of the duties of this Corps, and its areas of responsibility, in relation to the duties and areas of responsibility of the other armed forces, are to be determined by law, with emphasis on brotherly cooperation and harmony among them.
Article 151
In accordance with the noble Qur'anic verse:
"Prepare against them whatever force you are able to muster, and horses ready for battle, striking fear into God's enemy and your enemy, and others beyond them unknown to you but known to God... 8:60"
the government is obliged to provide a program of military training, with all requisite facilities, fob 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
The foreign policy of the Islamic Republic of Iran is based upon the rejection of
all forms of domination, both the exertion of it and submission to it, the preservation of
the independence of the country in all respects and its territorial integrity, the defence
of the rights of all Muslims, non-alignment with respect to the hegemonist superpowers,
and the maintenance of mutually peaceful relations with all non-belligerent States.
Article 153
Any form of agreement resulting in foreign control over the natural resources,
economy, army, or culture of the country, as well as other aspects of the national life, is
forbidden.
Article 154
The Islamic Republic of Iran has as its ideal human felicity throughout human
society, and considers the attainment of independence, freedom, and rule of justice and truth to
be the right of all people of the world. Accordingly, while scrupulously refraining from
all forms of interference in the internal affairs of other nations, it supports the just
struggles of the mustad'afun against the mustakbirun in every corner of the globe.
Article 155
The government of the Islamic Republic of Iran may grant political asylum to those
who seek it unless they are regarded as traitors and saboteurs according to the laws of
Iran.
CHAPTER XI
The Judiciary
Article 156
The judiciary is an independent power, the protector of the rights of the individual
and society, responsible for the implementation of justice, and entrusted with the
following duties:
1. investigating and passing judgment on grievances, violations of rights, and
complaints; the resolving of litigation; the settling of disputes; and the taking of all
necessary decisions and measures in probate matters as the law may determine;
2. restoring public rights and promoting justice and legitimate freedoms;
3. supervising the proper enforcement of laws;
4. uncovering crimes; prosecuting, punishing, and chastising criminals; and enacting
the penalties and provisions of the Islamic penal code;
5. taking suitable measures to prevent the occurrence of crime and to reform criminals.
Article 157
In order to fulfill the responsibilities of the judiciary power in all the matters
concerning judiciary, administrative and executive areas, the Leader shall appoint a
just Mujtahid well versed in judiciary affairs and possessing prudence. and administrative
abilities as the head of the judiciary power for a period of five years who shall be
the highest judicial authority.
Article 158
The head of the judiciary branch is responsible for the following:
1. Establishment of the organizational structure necessary for the administration of
justice commensurate with the responsibilities mentioned under Article 156.
2. Drafting judiciary bills appropriate for the Islamic Republic.
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
The courts of justice are the official bodies to which all grievances and complaints
are to be referred. The formation of courts and their jurisdiction is to be determined
by law.
Article 160
The Minister of Justice owes responsibility in all matters concerning the
relationship between the judiciary, on the one hand, and the executive and legislative branches, on the other hand. He will be elected from among the individuals proposed to the President by the head of the judiciary branch. The head of the judiciary may delegate full authority to the Minister of Justice in financial and administrative areas and for employment of personnel other than judges in which case the Minister of Justice shall have the same authority and responsibility as those possessed by the other ministers in their capacity as the highest ranking government executives.
Article 161
The Supreme Court is to be formed for the purpose of supervising the correct
implementation of the laws by the courts, ensuring uniformity of judicial procedure,
and fulfilling any other responsibilities assigned to it by law, on the basis of
regulations to be established by the head of the judicial branch.
Article 162
The chief of the Supreme Court and the Prosecutor-General must both be just
mujtahids well versed in judicial matters. They will be nominated by the head of the judiciary
branch for a period of five years, in consultation with the judges of the Supreme
Court.
Article 163
The conditions and qualifications to be fulfilled by a judge will be determined by
law, in accordance with the criteria of fiqh.
Article 164
A judge cannot be removed, whether temporarily or permanently, from the post he
occupies except by trial and proof of his guilt, or in consequence of a violation
entailing his dismissal. A judge cannot be transferred or redesignated without his
consent, except in cases when the interest of society necessitates it, that too, with
the decision of the head of the judiciary branch after consultation with the chief of the
Supreme Court and the Prosecutor General. The periodic transfer and rotation of judges will
be in accordance with general regulations to be laid down by law.
Article 165
Trials are to be held openly and members of the public may attend without any
restriction; unless the court determines that an open trial would be detrimental to
public morality or discipline, or if in case of private disputes, both the parties request not
to hold open hearing.
Article 166
The verdicts of courts must be well reasoned out and documented with reference to
the articles and principles of the law in accordance with which they are delivered.
Article 167
The judge is bound to endeavor to judge each case on the basis of the codified law.
In case of the absence of any such law, he has to deliver his judgment on the basis of
authoritative Islamic sources and authentic fatwa. 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 judgment.
Article 168
Political and press offenses will be tried openly and in the presence of a jury, in
courts of justice. The manner of the selection of the jury, its powers, and the
definition of political offenses, will be determined by law in accordance with the Islamic
criteria.
Article 169
No act or omission may be regarded as a crime with retrospective effect on the basis
of a law framed subsequently.
Article 170
Judges of courts are obliged to refrain from executing statutes and regulations of
the government that are in conflict with the laws or the norms of Islam, or lie outside the
competence of, the executive power. Everyone has the right to demand the annulment of
any such regulation from the Court of Administrative Justice.
Article 171
Whenever an individual suffers moral or material loss as the result of a default or
error of the judge with respect to the subject matter of a case or the verdict
delivered, or the application of a rule in a particular case, the defaulting judge must stand
surety for the reparation of that loss in accordance with the Islamic criteria, if it be a
case of default. Otherwise, losses will be compensated for by the State. In all such cases,
the repute and good standing of the accused will be restored.
Article 172
Military courts will be established by law to investigate crimes committed in
connection with military or security duties by members of the Army, the Gendarmerie,
the police, and the Islamic Revolution Guards Corps. They will be tried in public courts,
however, for common crimes or crimes committed while serving the department of justice
in executive capacity. The office of military prosecutor and the military courts form part
of the judiciary and are subject to the same principles that regulate the judiciary.
Article 173
In order to investigate the complaints, grievances, and objections of the people
with respect to government officials, organs, and statutes, a court will be established to
be known as the Court of Administrative Justice under the supervision of the head of the
judiciary branch. The jurisdiction, powers, and mode of operation of this court will be
laid down by law.
Article 174
In accordance with the right of the judiciary to supervise the proper conducting of
affairs and the correct implementation of laws by the administrative organs of the
government, an organization I will be constituted under the supervision of the head of
the judiciary branch to be known as the National General Inspectorate. The powers and
duties of this organization will be determined by law.
CHAPTER XII
Radio and Television
Article 175
The freedom of expression and dissemination of thoughts in the Radio and Television
of the Islamic Republic of Iran must be guaranteed in keeping with the Islamic' criteria
and the best interests of the country. The appointment and dismissal of the head of the
Radio and Television of the Islamic Republic of Iran rests with the Leader. A council
consisting of two representatives each of the President, the head of the judiciary branch and the Islamic Consultative Assembly shall supervise the functioning of this organization.
CHAPTER XIII
Supreme Council for National Security
Article 176
In order to safeguard the national interests and preserving the Islamic Revolution, the territorial integrity and national sovereignty, a Supreme Council for National Security presided over by the President shall be constituted to fulfill 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.
3. Exploitation of materialistic and intellectual resources of the country for facing
the internal and external threats.
The Council shall consist of: heads of three branches of the government, chief of
the Supreme Command Council of the Armed Forces, the officer in charge of the planning and
budget affairs, two representatives nominated by the Leader, ministers of foreign
affairs, interior, and information, a minister related with the subject, and the highest ranking officials from the Armed Forces and the Islamic Revolution's Guards Corps.
Commensurate with its duties, the Supreme Council for National Security shall form
sub-councils such as Defence Sub-council and National Security Sub-council. Each
Sub-council will be presided over by the President or a member of the Supreme Council
for National Security appointed by the President. The scope of authority and responsibility
of the Sub-councils will be determined by law and their organizational structure will be
approved by the Supreme Council for National Defence. The decisions of the Supreme
Council for National Security shall be effective after the confirmation by the Leader.
CHAPTER XIV
Revision of the Constitution
Article 177
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:
- Members of the Guardian Council.
- Heads of the three branches of the government.
- Permanent members of the Nation's Exigency Council.
- Five members from among the Assembly of Experts.
- Ten representatives selected by the Leader.
- Three representatives from the Council of Ministers.
- Three representatives from the judiciary branch.
- Ten representatives from among the members of the Islamic Consultative Assembly.
- Three representatives from among the university professors.
The method of working, manner of selection and the terms and conditions of the
Council shall be determined by law. The decisions of the Council, after the confirmation and
signatures of the Leader, shall be valid if approved by an absolute majority vote in a
national referendum. The provisions of Article 59 of the Constitution shall not apply
to the referendum for the, "Revision of the Constitution." The contents of the
Articles of the Constitution related to the Islamic character of the political system;
the basis of all the rules and regulations according to Islamic criteria; the religious
footing; the objectives of the Islamic Republic of Iran; the democratic character of
the government; the wilayat al-'mr the Imamate of Ummah; and the administration of the
affairs of the country based on national referenda, official religion of Iran Islam and the
school Twelver Ja'fari are unalterable.