{ Adopted: 24 Oct 1979 / Effective: 3 Dec 1979 / Amended: 28 July 1989 / Status: 1992 }
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.
The basic characteristic of this revolution, which distinguishes it from other movements that have taken place in Iran during the past hundred years, is its ideological and Islamic nature. After experiencing the anti-despotic constitutional movement and the anti-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 execution.
Throughout this time, the conscious and responsible segment of society was bringing enlightenment to the people from the strongholds of the mosques, centers of religious teaching, and universities. Drawing inspiration from the revolutionary and fertile teachings of Islam, they began the unrelenting yet fruitful struggle of raising the level of ideological awareness and revolutionary consciousness of the Muslim people. The despotic regime which had begun the suppression of the Islamic movement with barbaric attacks on the Faydiyyah Madrasah, Tehran University, and all other active centers of revolution, in an effort to evade the revolutionary anger of the people, resorted to the most savage and brutal measures. And in these circumstances, execution by firing squads, endurance of medieval tortures, and long terms of imprisonment were the price our Muslim nation had to pay to prove its firm resolve to continue the struggle. The Islamic Revolution of Iran was nurtured by the blood of hundreds of young men and women, infused with faith, who raised their cries of "Allahu Akbar" at daybreak in execution yards, or were gunned down by the enemy in streets and marketplaces. Meanwhile, the continuing declarations and messages of the Imam that were issued on various occasions, extended and deepened the consciousness and determination of the Muslim nation to the utmost.
Islamic Government
The plan of the Islamic government 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 objectives of the movement and to create
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 character of this great movement, the Constitution guarantees the rejection of all forms of intellectual and social tyranny and economic monopoly, and aims at entrusting the destinies of the people to the people themselves in order to break completely with the system of oppression. (This is in accordance with the 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 create favorable conditions for the emergence and blossoming of man's innate capacities, so that the theomorphic dimensions of the human being are manifested (in accordance with the injunction of the Prophet (S) "Mould yourselves according to the Divine morality"); this goal cannot be attained without the active and broad participation of all segments of society in the process of social development.
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
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
The family is the fundamental unit of society and the main
center for the growth and edification of human being.
Compatibility with respect to belief and ideal, which provides
the primary basis for man's development and growth, is the
main consideration in the establishment of a family. It is the
duty of the Islamic government to provide the necessary
facilities for the attainment of this goal. This view of the
family unit delivers woman from being regarded as an object or
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
The Judiciary in the Constitution
Executive Power
Mass-Communication Media
It is incumbent on all to adhere to the principles of this
Constitution, for it regards as its highest aim the freedom and
dignity of the human race and provides for the growth and
development of the human being. It is also necessary that the
Muslim people should participate actively in the construction of
Islamic society by selecting competent and believing 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
Article 1 [Form of Government]
Article 2 [Foundational Principles]
Article 3 [State Goals]
Article 4 [Islamic Principle]
Article 5 [Office of Religious Leader]
Article 6 [Administration of Affairs]
Article 7 [Consultative Bodies]
Article 8 [Community Principle]
Article 9 [Independence Principle]
Article 10 [Family Principle]
Article 11 [Unity of Islam Principle]
Article 12 [Official Religion]
Article 13 [Recognized Religious Minorities]
Article 14 [Non-Muslims' Rights]
Article 15 [Official Language]
Article 16 [Arabic Language]
Article 17 [Official Calendar]
Article 18 [Official Flag]
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.
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.
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 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]).
Considering the particular importance of the executive power in
implementing the laws and ordinances of Islam for the sake of
establishing the rule of just relations over society, and
considering, too, its vital role in paving the way for the
attainment of the ultimate goal of life, the executive power must
work toward the creation of an Islamic society. Consequently,
the confinement of the executive power within any kind of
complex and inhibiting system that delays or impedes the
attainment of this goal is rejected by Islam. Therefore, the
system of bureaucracy, the result and product of old forms of
government, will be firmly cast away, so that an executive
system that functions efficiently and swiftly in the fulfillment of
its administrative commitments comes into existence.
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.
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
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.
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
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.
In order to attain the objectives specified in Article 2, the
government of the Islamic Republic of Iran has the duty of
directing all its resources to the following goals:
1) the creation of a favorable environment for the growth of
moral virtues based on faith and piety and the struggle against
all forms of vice and corruption;
2) raising the level of public awareness in all areas, through the
proper use of the press, mass media, and other means;
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 create welfare,
eliminate poverty, and abolish all forms of deprivation with
respect to food, housing, work, health care, and the provision of
social insurance for all;
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
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.
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.
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.
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.
(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.
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])
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.
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.
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.
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.
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.
In accordance with the sacred verse "God does not forbid you
to deal kindly and justly with those who have not fought against
you because of your religion and who have not expelled you
from your homes" [60:8], the government of the Islamic
Republic of Iran and all Muslims are duty-bound to treat
non-Muslims in conformity with ethical norms and the
principles of Islamic justice and equity, and to respect their
human rights. This principle applies to all who refrain from
engaging in conspiracy or activity against Islam and the Islamic
Republic of Iran.
Chapter II The Official Language, Script, Calendar, and Flag of the Country
The Official Language and script of Iran, the lingua franca of
its people, is Persian. Official documents, correspondence, and
texts, as well as text-books, must be in this language and script.
However, the use of regional and tribal languages in the press
and mass media, as well as for teaching of their literature in
schools, is allowed in addition to Persian.
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.
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.
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) create a favorable environment for the growth of woman's
personality and the restoration of her rights, both the material
and intellectual;
2) the protection of mothers, particularly during pregnancy and
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]
Article 23 [Freedom of Belief]
Article 24 [Freedom of the Press]
Article 25 [Secrecy of Communication]
Article 26 [Freedom of Association]
Article 27 [Freedom of Assembly]
Article 28 [Work]
Article 29 [Welfare Rights]
Article 30 [Education]
Article 31 [Housing]
Article 32 [Arrest]
Article 33 [Residence]
Article 34 [Recourse to the Courts]
Article 35 [Right to Counsel]
Article 36 [Sentencing]
Article 37 [Presumption of Innocense]
Article 38 [Torture]
Article 39 [Dignity of Arrested]
Article 40 [Public Interest]
Article 41 [Citizenship]
Article 42 [Nationalization]
Article 43 [Principles]
Article 44 [Sectors]
Article 45 [Public Wealth]
Article 46 [Fruits of Business]
Article 47 [Private Property]
Article 48 [Resources for Regions]
Article 49 [Confiscation]
Article 50 [Preservation of the Environment]
Article 51 [Taxation]
Article 52 [Budget]
Article 53 [Central Treasury]
Article 54 [Acounting Agency]
Article 55 [Auditing, Report]
Article 56 [Divine Right of Sovereignty]
Article 57 [Separation of Powers]
Article 58 [Legislature]
Article 59 [Mandatory Referendum]
Article 60 [Executive]
Article 61 [Judiciary]
Section 1 The Islamic Consultative Assembly
Article 62 [Election]
Article 63 [Term]
Article 64 [270 Members, Religious Representatives]
Article 65 [Quorum, Code of Procedure]
Article 66 [Rules of Procedure]
Article 67 [Oath]
Article 68 [Suspended Elections During Wartime]
Article 69 [Publicity, Closed Sessions]
Article 70 [Government Attendance]
Section 2 Powers and Authority of the Islamic Consultative Assembly
Article 71 [Legislation]
Article 72 [Limits]
Article 73 [Interpretation of Laws]
Article 74 [Bills]
Article 75 [Spending Bills]
Article 76 [Investigation]
Article 77 [Treaties]
Article 78 [Boundary Laws]
Article 79 [Martial Law, Temporary Restrictions]
Article 80 [Aid]
Article 81 [Foreign Business]
Article 82 [Foreign Experts]
Article 83 [Property of National Heritage]
Article 84 [Responsibility]
Article 85 [Delegated Legislation]
Article 86 [Independence, Indemnity]
Article 87 [Vote of Confidence]
Article 88 [Questioning Government]
Article 89 [Interpellation]
Article 90 [Complaints, Petitions]
Article 91 [Guardian Council]
Article 92 [Term]
Article 93 [Mandatory Formation]
Article 94 [Review of Legislation]
Article 95 [Extended Review]
Article 96 [Majority]
Article 97 [Attendance in Parliament]
Article 98 [Authoritative Interpretation]
Article 99 [Supervision of Elections]
Article 100 [Regional Councils]
Article 101 [Supreme Council of the Provinces]
Article 102 [Council Bills]
Article 103 [Power Over Local Governments]
Article 104 [Worker Councils]
Article 105 [Limits]
Article 106 [Right Against Dissolution]
Article 107 [Religious Leader]
Article 108 [Experts]
Article 109 [Leadership Qualifications]
Article 110 [Leadership Duties and Powers]
Article 111 [Leadership Council]
Article 112 [Exigency Council]
Article 113 [President]
Article 114 [Term]
Article 115 [Qualifications]
Article 116 [Candidacy]
Article 117 [Majority]
Article 118 [Supervisory Body]
Article 119 [New Elections]
Article 120 [Extensions]
Article 121 [Oath]
Article 122 [Responsibility]
Article 123 [Signing Legislation]
Article 124 [Presidential Deputies]
Article 125 [Treaties]
Article 126 [Planning, Budget]
Article 127 [Special Representatives]
Article 128 [Ambassadors]
Article 129 [State Decorations]
Article 130 [Resignation]
Article 131 [Interim President]
Article 132 [Restricted Interim Period]
Section 2 The President and Ministers
Article 133 [Appointment of Ministers]
Article 134 [Council of Ministers]
Article 135 [Dismissal, Caretaker]
Article 136 [Vote of Confidence]
Article 137 [Responsibility]
Article 138 [Implementation of Laws, Ministerial
Article 139 [Property Claims]
Article 140 [No Immunity]
Article 141 [Incompatibility]
Article 142 [Asset Control]
Section 3 The Army and the Islamic Revolution Guards Corps
Article 143 [Army Functions]
Article 144 [Islamic Army]
Article 145 [No Foreigners]
Article 146 [No Foreign Military Base]
Article 147 [Peace Functions]
Article 148 [No Personal Use]
Article 149 [Promotions]
Article 150 [Islamic Revolution Guards Corps]
Article 151 [Military Training]
Article 152 [Principles]
Article 153 [No Foreign Control]
Article 154 [Independence, Support of Just Struggles]
Article 155 [Asylum]
Article 156 [Status, Functions]
Article 157 [Head of Judiciary]
Article 158 [Functions of the Head of Judiciary]
Article 159 [Courts]
Article 160 [Minister of Justice]
Article 161 [Supreme Court]
Article 162 [Chief of the Supreme Court, Prosecutor-General]
Article 163 [Qualifications]
Article 164 [Independence]
Article 165 [Public Trials]
Article 166 [Reasoned Verdicts]
Article 167 [Rule of Law for Judiciary]
Article 168 [Political and Press Offences]
Article 169 [Nulla Poena Sine Lege]
Article 170 [Control of Regulations]
Article 171 [Liability of Judges]
Article 172 [Military Courts]
Article 173 [Court of Administrative Justice]
Article 174 [National General Inspectorate]
Article 175 [Freedom of Expression, Government Control]
Article 176 [Supreme Council for National Security]
Article 177 [Revision by Council and Referendum]
The dignity
The investigation of individuals' beliefs is forbidden, and no
one may be molested or taken to task simply for holding a
certain belief.
Publications and the press have freedom of expression
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, eavesdropping, and all
forms of covert investigation are forbidden, except as provided
by law.
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.
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.
(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 create equal
conditions for obtaining it.
(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.
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.
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.
No one may be arrested except by the order and in accordance
with the procedure laid down by law. In case of arrest, charges
with the reasons for accusation must, without delay, be
communicated and explained to the accused in writing, and a
provisional dossier must be forwarded to the competent judicial
authorities within a maximum of twenty-four hours so that the
preliminaries to the trial can be completed as swiftly as
possible. The violation of this article will be liable to
punishment in accordance with the law.
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.
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.
Both parties to a lawsuit have the right in all courts of law to
select an attorney, and if they are unable to do so, arrangements
must be made to provide them with legal counsel.
The passing and execution of a sentence must be only by a
competent court and in accordance with law.
Innocence is to be presumed, and no one is to be held guilty of
a charge unless his or her guilt has been established by a
competent court.
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.
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.
No one is entitled to exercise his rights in a way injurious to
others or detrimental to public interests.
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.
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
The economy of the Islamic Republic of Iran, with its
objectives of achieving the economic independence of the
society, uprooting poverty and deprivation, and fulfilling human
needs in the process of development while preserving human
liberty, is based on the following criteria:
1. the provision of basic necessities for all citizens: housing,
food, clothing, hygiene, medical treatment, education, and the
necessary facilities for the establishment of a family;
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.
(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.
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.
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.
Private ownership, legitimately acquired, is to be respected.
The relevant criteria are determined by law.
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.
The government has the responsibility of confiscating all wealth
accumulated through usury, usurpation, bribery, embezzlement,
theft, gambling, misuse of endowments, misuse of government
contracts and transactions, the sale of uncultivated lands and
other resources subject to public ownership, the operation of
centers of corruption, and other illicit means and sources, and
restoring it to its legitimate owner; and if no such owner can be
identified, it must be entrusted to the public treasury. This rule
must be executed by the government with due care, after
investigation and furnishing necessary evidence in accordance
with the law of Islam.
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.
No form of taxation may be imposed except in accordance with
the law. Provisions for tax exemption and reduction will be
determined by law.
The annual budget
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.
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.
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
Absolute sovereignty over the world and man belongs to God,
and it is He Who has made man master of his own social
destiny. No one can deprive man of this divine right, nor
subordinate it to the vested interests of a particular individual or
group. The people are to exercise this divine right in the
manner specified in the following articles.
The powers of government in the Islamic Republic are vested in
the legislature, the judiciary, and the executive powers,
functioning under the supervision of the absolute religious
Leader and the Leadership of the Ummah, in accordance with
the forthcoming articles of this Constitution. These powers are
independent of each other.
The functions of the legislature are to be exercised through the
Islamic Consultative Assembly, consisting of the elected
representatives of the people. Legislation approved by this
body, after going through the stages specified in the articles
below, is communicated to the executive and the judiciary for
implementation.
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.
The functions of the executive, except in the matters that are
directly placed under the jurisdiction of the Leadership by the
Constitution, are to be exercised by the President and the
Ministers.
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
(1) The Islamic Consultative Assembly
(2) The qualifications of voters and candidates, as well as the
nature of election, will be specified by law.
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.
(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.
(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.
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.
(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.
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.
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.
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.
The Islamic Consultative Assembly can establish laws
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.
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.
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.
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.
The Islamic Consultative Assembly has the right to investigate
and examine all the affairs of the country.
International treaties, protocols, contracts, and agreements must
be approved by the Islamic Consultative Assembly.
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.
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.
The taking and giving of governmental loans or grants-in-aid,
domestic and foreign, must be approved by the Islamic
Consultative Assembly.
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.
The employment of foreign experts is forbidden, except in cases
of necessity and with the approval of the Islamic Consultative
Assembly.
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.
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.
(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.
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.
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.
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.
(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
executive responsibilities in relation with the Executive Power
and the executive affairs of the country the President must be
present in the Assembly within one month after the tabling of
the interpellation in order to give adequate explanations in
regard to the matters raised. In the event, after hearing the
statements of the opposing and favoring members and the reply
of the President, two-thirds of the members of the Assembly
declare a vote of no confidence, the same will be communicated
to the Leadership for information and implementation of Article
110 (10).
Whoever has a complaint concerning the work of the Assembly
or the executive power or the judicial power can forward his
complaint in writing to the Assembly. The Assembly must
investigate his complaint and give a satisfactory reply. In cases
where the complaint relates to the executive or the judiciary,
the Assembly must demand proper investigation in the matter
and an adequate explanation from them, and announce the
results within a reasonable time. In cases where the subject of
the complaint is of public interest, the reply must be made
public.
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 selected by the Leader, and
2. six jurists, specializing in different areas of law, to be
elected by the Islamic Consultative Assembly from among the
Muslim jurists nominated by the Head of the Judicial Power.
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.
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.
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.
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.
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.
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.
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.
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
(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.
(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.
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.
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.
(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.
Decisions taken by the councils must not be contrary to the
criteria of Islam and the laws of the country.
(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 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
(1) After the demise of Imam Khumayni, the task of appointing
the Leader
(2) The Leader is equal with the rest of the people of the
country in the eyes of law.
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.
(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.
(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 execution 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.
(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.
(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 Executive Power
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.
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.
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.
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.
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.
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.
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.
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.
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."
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.
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.
(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.
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.
The President is responsible for national planning and budget
and state employment affairs and may entrust the administration
of these to others.
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.
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.
The award of state decorations is a prerogative of the President.
The President shall submit his resignation to the Leader and
shall continue performing his duties until his resignation is not
accepted.
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.
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.
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.
(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.
(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.
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.
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.
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.
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.
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.
(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.
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.
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.
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.
No foreigner will be accepted into the Army or security forces
of the country.
The establishment of any kind of foreign military base in Iran,
even for peaceful purposes, is forbidden.
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.
All forms of personal use of military vehicles, equipment, and
other means, as well as taking advantage of Army and
chauffeurs or bidden.
Promotions in military rank and their withdrawal take place in
accordance with the law.
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.
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
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.
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.
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.
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
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.
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.
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.
The courts 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. 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 executives.
The Supreme Court
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.
The conditions and qualifications to be fulfilled by a judge will
be determined by law, in accordance with religious criteria.
A judge cannot be removed
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.
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.
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.
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.
No act or omission may be regarded as a crime with
retrospective effect on the basis of a law framed subsequently.
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.
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.
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.
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.
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
(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
(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
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 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. 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
(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 selected by the Leader;
6. three representatives from the Council of Ministers;
7. three representatives from the judiciary branch;
8. ten representatives from among the members of the Islamic
Consultative Assembly; and
9. three representatives from among the university professors.
(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.